|I, JOHN WINIATA
Indigenous Weather Modification consultant, and member of
Aitanga a Mahaki, Ngati Porou Iwi.
For myself and the
members of Rongowhakaata
Iwi, and for all other Iwi in Aotearoa New Zealand on whose behalf this
claim is made.
1. Claim that we
have been, and
are likely to be prejudicially affected
(a) by the
ordinances and Acts referred
to in Appendix A
(b) by the
proclamations, notices and other statutory instruments recorded in
(c) by the policies
(whether or not still in force) adopted by or on behalf of the Crown or
proposed to be adopted by or on behalf of the Crown recorded in
(d) by the acts done
or proposed to be done or omitted by or on behalf of the Crown recorded
in Appendix D
and that such
regulations, orders, proclamations, notices, statutory instruments,
and practices, acts and omissions were and are contrary to the
of the Treaty of Waitangi and that appropriate relief by way of
and other amendment, change of policies and practices as proposed in
appendices and compensation or otherwise should be awarded.
2. That in
area traditionally possessed by the abovenamed claimant iwi and
to as Aotearoa New Zealand, we claim that we are entitled to
and enforcement of our customary rights to the Atmosphere and its
and for compensation or other relief in respect of the breach of those
2 (a). That we
make claim for
total ownership, management and control of the Atmosphere and its
within the geographic area described in paragraph 2.
3. That the
geographic area described
in paragraph 2 and the activities performed or able to be performed
or in respect of it by way of legislation regulations and Crown policy
practice acts and omissions require to be examined within the
of the Treaty of Waitangi, to be altered as a result of past and
failure to comply with it; and that compensation be provided in respect
of such failures of compliance as are not now capable of rectification.
exclusive title to
and possession and use of the Atmosphere and its resources in the area
described in paragraph 2 are and should be recognized as among our
and given effect by legislation and administrative arrangements; and
since they have not been given effect in the past and to the extent
they cannot be given effect for the future that we should receive
existing and past
legislation, policies, practices, acts and omissions on behalf of the
in relation to the Atmosphere and its resources has failed to comply
and should be examined and reviewed in accordance with the principles
the Treaty; that the detriment caused to us and our Tupuna be reviewed;
that appropriate legislation and policies be adopted and that
or other relief for past and present breaches be provided.
Crown, in breach of
principles of the Treaty of Waitangi
(a) has omitted or
(i) to investigate
the scope, nature
and extent of our rights to and possession and use of the
Atmosphere and its
(ii) to record and
record of the results of any such investigation; and/or
(ii) to establish and
systems for protecting and enforcing such rights.
(b) has embarked
on and implemented
legislation, policies, practices, acts and omissions calculated to
with such rights; and as a result we are likely to be prejudiced.
That the existing
administration, legislation and institutions including the statutes
to in Appendix A be reviewed to determine the extent to which they fail
to comply with the principles of the Treaty of Waitangi and that they
appropriately amended to take its principles and values into account
in order to bring Maori values into account in New Zealand life.
there be an enquiry
as to the extent to which and the circumstances in which our original
rights and taonga passed into other and particularly Crown hands; for
of such rights to us and for compensation for the deficiency and for
exclusion from the area of difference.
16. We claim
in respect of the disruption of all Iwi; the social dislocation which
occurred as a consequence of legislation and Government policies; and
the taking of measures dealing with the social issues of unemployment
loss of Mana; and for compensation by way of policies, practices and
appropriate to restore the Mana of all Iwi; the education and training
of all Iwi members.
is comprised of two essential attributes (a) space or air space and (b)
physical and non-physical resources that exist within that space.
legislation, policies or practices, acts or omissions relating to
management and regulation
of the Atmosphere and
its resources come within the scope of this claim.