| I, JOHN WINIATA
TAKITIMU PORTER,
Indigenous Weather Modification consultant, and member of
Rongowhakaata,
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.
STATEMENT OF
CLAIM
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
regulations, orders,
proclamations, notices and other statutory instruments recorded in
Appendix
B
(c) by the policies
or practices
(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
Appendix
C
(d) by the acts done
or omitted
or proposed to be done or omitted by or on behalf of the Crown recorded
in Appendix D
and that such
ordinances, Acts,
regulations, orders, proclamations, notices, statutory instruments,
policies
and practices, acts and omissions were and are contrary to the
principles
of the Treaty of Waitangi and that appropriate relief by way of
statutory
and other amendment, change of policies and practices as proposed in
such
appendices and compensation or otherwise should be awarded.
2. That in
the geographic
area traditionally possessed by the abovenamed claimant iwi and
referred
to as Aotearoa New Zealand, we claim that we are entitled to
recognition
and enforcement of our customary rights to the Atmosphere and its
resources
and for compensation or other relief in respect of the breach of those
rights.
2 (a). That we
make claim for
total ownership, management and control of the Atmosphere and its
resources
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
within
or in respect of it by way of legislation regulations and Crown policy
practice acts and omissions require to be examined within the
perspective
of the Treaty of Waitangi, to be altered as a result of past and
continuing
failure to comply with it; and that compensation be provided in respect
of such failures of compliance as are not now capable of rectification.
4. That
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
taonga
and given effect by legislation and administrative arrangements; and
that
since they have not been given effect in the past and to the extent
that
they cannot be given effect for the future that we should receive
appropriate
compensation.
5. That
existing and past
legislation, policies, practices, acts and omissions on behalf of the
Crown
in relation to the Atmosphere and its resources has failed to comply
with
and should be examined and reviewed in accordance with the principles
of
the Treaty; that the detriment caused to us and our Tupuna be reviewed;
that appropriate legislation and policies be adopted and that
compensation
or other relief for past and present breaches be provided.
6. The
Crown, in breach of
principles of the Treaty of Waitangi
(a) has omitted or
refused
(i) to investigate
the scope, nature
and extent of our rights to and possession and use of the
Atmosphere and its
resources; and/or
(ii) to record and
maintain the
record of the results of any such investigation; and/or
(ii) to establish and
maintain
systems for protecting and enforcing such rights.
(b) has embarked
on and implemented
legislation, policies, practices, acts and omissions calculated to
interfere
with such rights; and as a result we are likely to be prejudiced.
14.
That the existing
structure of
administration, legislation and institutions including the statutes
referred
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
be
appropriately amended to take its principles and values into account
and
in order to bring Maori values into account in New Zealand life.
15. That
there be an enquiry
as to the extent to which and the circumstances in which our original
Atmospheric
rights and taonga passed into other and particularly Crown hands; for
restoration
of such rights to us and for compensation for the deficiency and for
past
exclusion from the area of difference.
16. We claim
compensation
in respect of the disruption of all Iwi; the social dislocation which
has
occurred as a consequence of legislation and Government policies; and
for
the taking of measures dealing with the social issues of unemployment
and
loss of Mana; and for compensation by way of policies, practices and
funding
appropriate to restore the Mana of all Iwi; the education and training
of all Iwi members.
The Atmosphere
is comprised of two essential attributes (a) space or air space and (b)
physical and non-physical resources that exist within that space.
All
Crown
legislation, policies or practices, acts or omissions relating to
ownership,
management and regulation
of the Atmosphere and
its resources come within the scope of this claim.
|
Waitangi
Tribunal Claim
for the Atmosphere