Te Kīngitanga was established in 1858 by many tribes throughout New Zealand to halt the sale of land to Pākehā, to stop intertribal warfare, and to provide a springboard for the preservation of Māori culture in the face of Pākehā colonization. As it has done for the past 160 years, the role of Te Kīngitanga will remain a unifying thread for iwi throughout New Zealand, under the seventh monarch, Kīngi Tūheitia (Waikato-Tainui Annual Report, 2014:9).
In 1995, as part of the Treaty of Waitangi settlement, Waikato-Tainui received compensation of $170 million, including the return of around 40,000 acres (16,000 hectares) of land (much of it rented out) and monetary compensation (Orange, 2011). The assets involved were estimated to be worth approximately $12 billion (Joseph, 2005:68); however, the compensation was equivalent to only one percent of the value of the lands taken as a result of the 1863 invasion (Ministry for Culture & Heritage, 2012). Under the leadership of Te Arikinui Te Atairangikaahu and Sir Robert Mahuta, Waikato-Tainui were the first iwi to settle with government, which provided a foundation for other iwi settlements such as Ngāi Tahu, Ngāi Tūhoe and others. As a result of being one of the first iwi to settle, a ‘relativity clause’ was included in the Deed of Settlement 1995, to ensure that the value of the redress given to Waikato-Tainui would be protected (Tainui Māori Trust Board, 1995).
The clause enables Waikato-Tainui to claim additional redress if the total value of settlement redress exceeds $1 billion in 1994 present value dollars. Once the relativity mechanism is triggered, claims can be made for payments to maintain the value of the original settlement. In 2012, the Crown advised that the relativity mechanism had been triggered. Waikato-Tainui (along with Ngāi Tahu who have a similar mechanism) subsequently made a claim for additional redress. The relativity mechanism provides for Waikato-Tainui to make claims for additional
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payments every five years up until 2044 (Waikato-Tainui Relativity Hui Report, 2013).
A Deed of Settlement for the Waikato River was also signed in 2008. The Waikato River Settlement is based on the principle of co-management between Waikato-Tainui and the Crown, and supports work to restore and protect the health and wellbeing of the Waikato River for future generations (Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act, 2010). Furthermore, Waikato-Tainui still have outstanding claims over the West Coast Harbours, and Wairoa and Maioro land blocks (Tainui Māori Trust Board, 1995).
Challenges for Waikato-Tainui
Major challenges faced by the tribe since the Waikato Raupatu Settlement 1995 include early underperforming investment decisions such as the purchase of the Auckland Warriors rugby league team, a hotel in Singapore and a fisheries company (wikipedia, 2017). These investment issues were sensationalised by the media as ‘a tribe on the brink of financial disaster’ (Turongo House, 2001:160). Waikato-Tainui has addressed tribal disputes between members through direct Court action, resulting in significant Court costs (mainly at the expense of the tribe) and ongoing negative media coverage. The mainstream media continues to be a driving force and barrier to tribal growth and development. Media such as the Waikato Times, the NZ Herald, TVNZ and social networks such as Facebook have perpetuated a negative portrayal of Waikato-Tainui, showing continual disrespect towards Kīngi Tūheitia, and supporting the disestablishment of Te Kīngitanga.
However, one of the most controversial matters relating to tribal politics since the Waikato- Tainui Deed of Settlement was the exposure of Te Arikinui Te Atairangikaahu to the High Court on 16 August 2000. This action was taken by Executives of Te Kaumārua (the tribe’s governance group), for breach of the tribe’s Constitution (Turongo House, 2001:163). A Constitution to govern tribal affairs was legally defined in 1995 as a condition of the Settlement process. The Constitution contains predominantly western government law and regulations that override traditional lore in tribal governance matters.
The catalyst for the High Court injunction was a Waikato Resolution adopted by Te Kauhanganui (representing Waikato marae) on 12 August 2000. Because the resolution was debated outside of Standing Orders of Te Kauhanganui and voted upon, this was the catalyst for six members of the Executive to challenge not only Te Kauhanganui, but also its chairman Koro Wetere, Sir Robert Mahuta and Te Arikinui, the leader of the King Movement, in the High Court. Te Arikinui’s
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concern was that the people’s voice was not being heard in Te Kauhanganui; hence she agreed to adopt a Waikato Resolution. In contrast, the plaintiffs or Executives of Te Kaumārua believed that their outcomes were being ignored by the people. Te Arikinui, Sir Robert Mahuta and Te Kauhanganui believed that matters should be resolved internally within Waikato-Tainui rather than through the Court system. However, to counteract the power of the people, legal consultants continued to advise the Executives to seek resolution in the High Court, resulting in costly Court action. Critics claim that Te Kīngitanga in the High Court lost one legal battle after another and the Executive Te Kaumārua won each time (Turongo House, 2001) because western law recognises the Constitution over the traditional rights of the people.
Waikato-Tainui will never forget the actions of the standing tribal governance group ‘Te Kaumārua’ and their supporters responsible for taking Te Arikinui to Court. The outcome fragmented the tribe and prevented growth for Waikato-Tainui. It was costly for the tribe through Court action, and placed traditional tribal leadership under significant stress, vulnerability and scrutiny by the Courts and the mainstream media. This attack on Kīngitanga leadership is an extreme example for iwi who have settled with the Crown, or are in the process of settlement. The 1995 Constitution as the fundamental process that forced Te Arikinui to the High Court and overrides traditional lore currently prevails (Waikato-Tainui Annual Report, 2014:11), and throughout the past two decades, Waikato- Tainui have made minor changes to the governance structure of Te Kauhanganui.
The extreme turmoil faced by tribal leadership confirms that despite the supposed autonomy that is presumed to be achieved through Treaty Settlements, western governance structures and processes continue to undermine, challenge and control iwi. A further challenge that Treaty Settlements impose is a division amongst iwi, as the Crown will negotiate with a single iwi entity only, despite being fully aware that multiple iwi exist, for easy, inexpensive settlements that fragment and divide Māori.
The Structure of Waikato-Tainui
Waikato-Tainui currently has a membership of just over 67,000 descendants and two-thirds of its members are aged under 40 years old. The majority of members live within the tribal boundary, and many are located throughout New Zealand and across the world (Waikato- Tainui Annual Report, 2014:4).
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Waikato-Tainui Tribal Structure
Waikato-Tainui is a tribal organisation made up of four entities that aid in building the capacity of iwi, hapū, marae and tribal members.
Waikato Raupatu Lands Trust
The Waikato Raupatu Lands Trust manages tribal affairs; implements the tribe’s development strategy; and, makes distributions for education, health and wellbeing, marae, social and cultural development.
Waikato-Tainui College for Research and Development
The Waikato-Tainui College for Research and Development has been established as a place for higher learning. It is an international centre of excellence that aims to provide quality postgraduate study and research to strengthen iwi development, produce future leaders and support indigenous development.
Waikato Raupatu River Trust
The Waikato Raupatu River Trust was established to oversee and implement the 2008 Waikato River Settlement and related statutory and regulatory reform. It also leads and monitors outstanding treaty claims.
Tainui Group Holdings
Tainui Group Holdings (TGH) is the commercial arm of Waikato-Tainui. A property investment and development company, TGH operates a diversified investment portfolio including retail, residential, commercial, industrial and rural properties. TGH also manages Waikato-Tainui Fisheries Ltd, which owns and leases fishing quota and holds shares in Aotearoa Fisheries Ltd (Waikato-Tainui Annual Report, 2014).
Waikato Raupatu Lands Trust
Waikato-Tainui College for Research
and Development
Waikato Raupatu River
Trust Tainui Group Holdings Ltd
Waikato-Tainui Tribal Members (The iwi is made up of over 67,000 members
affiliating to 68 marae from 33 hapū)
Waikato-Tainui Te Kauhanganui Incorporated
89 Whakatupuranga 2050
The blueprint for the social, cultural and economic advancement of Waikato-Tainui is Whakatupuranga 2050, adapted from Whatarangi Winiata’s work based on
Whakatupuranga Rua Mano, Generation 2000. The strategy is a fifty-year long
development approach to building the capacity of the iwi, hapū and marae. There are three critical elements fundamental to preparing future generations with the capacity to shape their own future (waikatotainui, 2013):
(Source: waikatotainui, 2013)
Position of Researcher
As a tribal member of Waikato-Tainui, and descendant of Tūrangawaewae and Te Awamārahi Marae, I maintained an internal insider stance and position throughout this research. I aimed to be as neutral and free from bias as possible through the continual implementation of reflexivity, transparency and positionality. I have lived the majority of my life in Ngaruawahia, which is a predominantly Māori community, and I have been involved in kaupapa relating to my people. I have volunteered at least 20 years of service to the numerous gatherings that take place on my marae, including involvement in tikanga Māori, pōwhiri, waitressing, cooking, cleaning and preparing accommodation. The marae gatherings I regularly attend include the annual Koroneihana of Kīngi Tūheitia, annual Tūrangawaewae Marae Regatta, Poukai, tangihanga, wānanga and other hui that often take place. Although Ngaruawahia is a low socio-economic community with high unemployment, the township (like many other Māori communities in the Waikato) continues to maintain a strong collective tribal network, supporting the importance of Te Kīngitanga. At the signing of the Waikato Raupatu Deed of Settlement 1995, I was eighteen years of age. I am part of a generation that has partly felt the impact and devastation of ‘Raupatu’ or confiscation of lands on my people. My parents, grandparents and forefathers lived their lives in grievance, for non-recognition of past injustices by the crown towards the devastating impact caused by Raupatu. I acknowledge the challenges and significant struggles my people endured prior to settlement; however, it is vital that the next generation understands the struggles of the past, then moves forward with the current economic base, to aspire towards the long-term sustainable growth of iwi.
1. Pride and commitment to uphold their tribal identity & integrity; 2. Diligence to succeed in education and beyond; and
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