Source: Radio New Zealand
Moriori Imi Settlement Trustees from left, Billy King, Tom Lanauze and Maui Solomon. Pokere Paewai/RNZ
The Moriori Imi Settlement Trust allege the Crown has reneged on a promise to remain neutral on issues of tino rangatiratanga between them and Ngāti Mutunga o Wharekauri over the Chatham Islands.
Descendants of both Moriori and Ngāti Mutunga were in the Court of Appeal in Wellington on Wednesday; the public gallery was so packed that a separate courtroom had to be set up with an Audio Visual link so everyone could watch the proceedings.
The Moriori Imi Settlement Trust is seeking a declaration of whether it would be unlawful for the Crown to enter into a settlement with Ngāti Mutunga that recognises or transfers interests in a way that conflicts with Moriori’s rights.
In November 2022, Ngāti Mutunga o Wharekauri and the Crown signed an Agreement in Principle (AIP) to settle the iwi’s historical Treaty Claims.
The AIP outlines a broad settlement framework, including recognition of Crown breaches of Te Tiriti and acknowledgement of Ngāti Mutunga o Wharekauri mana and tino rangatiratanga.
Chief Negotiator for Moriori Maui Solomon said they asked the Crown to remove the wording of tino rangatiratanga, but that request has so far been refused.
“During our negotiations with the Crown… we started in 2016, we signed our settlement in 2020, the Crown undertook to us that they would remain neutral, as between Moriori and Ngāti Mutunga on issues of mana whenua and tino rangatiratanga. They have not done that.”
Moriori would have preferred to settle out of court, he said.
Chair of Ngāti Mutunga o Wharekauri Iwi Trust Monique Croon said it’s disappointing to be in court over an issue they believe is straightforward.
“With tino rangatiratanga and our grievances, they are with the Crown, not against Moriori. And so we’ve always supported Moriori to have a settlement. And again we like to engage and we like to be part of sharing, working through that shared redress.”
Moriori settled their historic Treaty claims with the Crown in 2020, but the settlement did not include reference to mana whenua or tino rangatiratanga.
Croon said that choice was made by Moriori during negotiations with the Crown.
“Within their legislation in their deed [Moriori]… have agreed to have shared redress with Ngāti Mutanga. At this stage, we still haven’t been able to get together, engage with Moriori on that shared redress… we all share whakapapa. We live on a little island of Wharekauri where we’re a small population, and it’s important that we continue working together,” she said.
Solomon said although the Treaty was signed and applied mainly in New Zealand to Māori, the Crown claimed sovereignty over the Chatham Islands so Moriori have the same rights under the Treaty. “Wherever they’re claiming rights, they also assume the obligations,” he said.
“We don’t oppose Ngāti Mutunga having a settlement, per se. Even though we say, well, actually the Crown already rewarded Ngāti Mutunga by giving them all our land in 1870 by applying mainland custom of take raupatu.”
Chair of the Moriori Imi Settlement Trust Tom Lanauze disputes that Ngāti Mutunga took tino rangatiratanga from Moriori when they invaded the islands in 1835.
Even when Moriori people were slaughtered and enslaved there were still Moriori people on the Chatham Islands, he said.
“We didn’t lose our tino rangatiratanga by any means, in my view. And it’s still there today.”
In June 2025 the Moriori Imi Settlement Trust applied for interim orders in the High Court that the Crown not take any further action in progressing the Ngāti Mutunga Treaty claim to the extent that it would recognise that Ngāti Mutunga holds tino rangatiratanga over the Chatham Islands.
Justice La Hood dismissed the application, finding that “interim relief is not reasonably necessary to preserve Moriori’s rights.”
In December 2025, Ngāti Mutunga o Wharekauri and the Crown initialled a Draft Deed of Settlement.
Croon said the next step for the settlement is to have it ratified by iwi members.
“Once we have the vote or the support, then we’ll be looking at signing the deed about [the] middle of this year.”
A spokesperson for Minister for Treaty of Waitangi Negotiations Paul Goldsmith said he was unable to comment as the case is before the courts.
The Court of Appeal judges have reserved their decision.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
