Health resort, not last resort, says group

6 January 2003

A Ngawha support group is calling on Pakeha to come to a Stop the Prison weekend on January 18 and 19.

The gathering will take place at the Ngati Rangi occupied site next to the proposed Ngawha prison.

A collective commemoration is planned for Sunday morning.

Spokesperson Moea Armstrong said it was important that Pakeha people actively oppose the desecration of the whenua, and to support the peaceful occupation by Ngati Rangi and supporters. The group believed the Ngawha area should be kept as a health resort, not as a last resort for the country's unemployed.

The purpose of the peaceful weekend was to urge the Government to put a freeze on construction while negotiation took place with Ngapuhi leaders.

A hill at the site had been almost completely destroyed in order to help fill the swamp area chosen for prison buildings. It was important that people see the destruction first hand in order to appreciate the expense and absurdity of the current prison plan, she said.

A lifting of security on New Year's Day for a wedding (vows were exchanged on the access road which cuts through the occupied area) had allowed a harassment-free visit to the site. The excavation work on the hill had been devastating to witness.

"It was as if the diggers had exposed bone and were continuing to gnaw at it. The sight was gross, shocking," she said. It was all the more obscene knowing that tangata whenua had offered the department flat land elsewhere. Why would anyone choose to build in a self-perpetuating swamp, and trample on the beliefs of tangata whenua at the same time?"

The group planned to approach the Department to lift security so visitors could view the site for themselves over the weekend.

Ms Armstrong said the Resource Management Act was inadequate to deal with current Treaty of Waitangi issues. The inability of the courts to address ownership issues meant that irreversible land use decisions were being made on claimed land that was stalled in the Waitangi Tribunal process.

She said the Tribunal should have the function of addressing current Treaty issues such as Ngawha land use before further injustices were inflicted. There were several current cases nationally where such a different approach or process may lead to more sensible, constructive outcomes for both Maori and Pakeha.

"We must put a stop to the creation of new grievances leading to future claims. Justice delayed is justice denied. We need to address underlying issues of ownership and management in an inexpensive forum where Maori and Pakeha are equally represented."

There was a strong case to be made for irreversible land use activity on claimed land to be subject to the scrutiny of a learned group of Maori and Pakeha together. The adversarial nature of the courts was detrimental to just outcomes, and the ability of community groups and tangata whenua to finance cases was limited.

Pakeha should not tolerate the imposition of court-awarded costs against tangata whenua attempting to protect wahi tapu from inappropriate development. Such costs contravened the international rights of indigenous people, and Pakeha would be held accountable at the end of the day, she said.

The court had itself admitted it was secular, and therefore unable to adequately understand cultural beliefs, despite the Act's insistence that it attempt to do so. The appointment of more Maori commissioners to the court would not address its underlying bias.

"An analysis of the past ten years of the RMA would have to show that Maori issues are disproportionally represented in case law, with a corresponding lack of successful outcomes for litigants. How much longer do we need, to realise that collectively we have a major decision-making problem? The Treaty obligation of the Government to protect the rights of Tangata whenua cannot be ignored. The Government needs to think again. Ngawha should be a turning point for us all."

Contact tel 021 042 9598

No prison for Ngawha

Action Alerts	PMA's newsletter	What's on where	Peace links	Help PMA grow	How PMA can help you	Petition Forms	Site Map