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1864 Rakiura Deed of Cession has been Breached!

Daniel Ranui Clearwater made this Official Information request to Ministry of Māori Development

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From: Daniel Ranui Clearwater

Dear Sir/Madam,

I hope this letter finds you well. I am writing to you as a direct descendant of Rawiri Te Mamaru, a signatory to the 1864 Rakiura Deed of Cession. I am seeking your assistance in a matter of great importance that pertains to our ancestral lands.

The issue at hand involves the Beneficial Titi Islands, which were left to our ancestors “for ever and ever” as per the language of the Deed. However, it has come to our attention that certain families who do not descend from the original signatories of the Deed have been granted rights to these lands by the Maori Land Court in 1920 under the Native Land Amendment and Native Land Claims Adjustment Act.

We believe this to be an error and a violation of the rights bestowed upon us by the Deed. Despite our best efforts to rectify this situation through legal channels and appeals to the Maori Land Court, we have been unsuccessful so far.

We are deeply concerned about this issue as it not only affects our rights but also undermines the sanctity of agreements made in good faith between our ancestors and the Crown. We fear that if left unaddressed, it could lead to further erosion of Maori land rights.

We kindly request your intervention in this matter. We believe that your office, given its mandate and commitment to Maori development, is uniquely positioned to help us navigate this complex issue.

We look forward to your guidance and support in upholding the rights granted to us by our ancestors and ensuring justice is served.

Thank you for your attention to this matter.

Yours sincerely,

Daniel Ranui Clearwater,

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From: Mailbox - OIA
Ministry of Māori Development

Tēnā koe

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Tçnâ koe Daniel

 

Thank you for your below email.

 

We do not consider this to be a request for official information and as
such it is outside the scope of the Act. In explaining why we have reached
this conclusion, we wish to refer you to the Office of the Ombudsman’s
guide titled “Making official information requests: A guide for
requesters” available at this web address:
[1]https://www.ombudsman.parliament.nz/reso....

 

On page 7 of this guide there is a useful section differentiating
‘information held’ from ‘information that is not held’. Specifically, the
guide explains that an agency is not required to form an opinion or create
information to answer an official information request.

 

You have the right to seek an investigation and review by the Ombudsman of
this response. Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

With respect to your request for assistance from Te Puni Kôkiri, our view,
based on the information provided in your email, is that this matter is
appropriately dealt with through the Mâori Land Court. We suggest that you
continue to engage with them as Te Puni Kôkiri is unable to intervene in
Mâori Land Court matters. However, if you would like to discuss the
matters raised in your email, you may wish to contact your regional Te
Puni Kôkiri Office. Contact details are available on our website: 
[3]https://www.tpk.govt.nz/en/whakapa-mai

 

Ngâ mihi

 

+------------------------------------------------------------------------+
| Te Puni Kôkiri, Te Puni Kôkiri |
| House, 143 Lambton Quay, |
| Ministerial Services | Te Toko Wellington 6011, New Zealand |
| Minita PO Box 3943, Wellington 6140, New |
|  National Office     Zealand |
|   [5]sign-tpkwebsite  [6]Te Puni |
| [4]sign-tpklogo Kôkiri Website    [7]sign-kokiri  |
| [8]Kôkiri Magazine    |
| [9]sign-facebook  [10]Facebook |
+------------------------------------------------------------------------+

 

 

 

 

-----Original Message-----
From: Daniel Ranui Clearwater
<[FOI #24528 email]>
Sent: Wednesday, October 25, 2023 11:01 PM
To: Mailbox - OIA <[TPK request email]>
Subject: Official Information request - 1864 Rakiura Deed of Cession has
been Breached!

 

[You don't often get email from
[11][FOI #24528 email]. Learn why this is
important at [12]https://aka.ms/LearnAboutSenderIdentific... ]

 

Dear Sir/Madam,

 

I hope this letter finds you well. I am writing to you as a direct
descendant of Rawiri Te Mamaru, a signatory to the 1864 Rakiura Deed of
Cession. I am seeking your assistance in a matter of great importance that
pertains to our ancestral lands.

 

The issue at hand involves the Beneficial Titi Islands, which were left to
our ancestors “for ever and ever” as per the language of the Deed.
However, it has come to our attention that certain families who do not
descend from the original signatories of the Deed have been granted rights
to these lands by the Maori Land Court in 1920 under the Native Land
Amendment and Native Land Claims Adjustment Act.

 

We believe this to be an error and a violation of the rights bestowed upon
us by the Deed. Despite our best efforts to rectify this situation through
legal channels and appeals to the Maori Land Court, we have been
unsuccessful so far.

 

We are deeply concerned about this issue as it not only affects our rights
but also undermines the sanctity of agreements made in good faith between
our ancestors and the Crown. We fear that if left unaddressed, it could
lead to further erosion of Maori land rights.

 

We kindly request your intervention in this matter. We believe that your
office, given its mandate and commitment to Maori development, is uniquely
positioned to help us navigate this complex issue.

 

We look forward to your guidance and support in upholding the rights
granted to us by our ancestors and ensuring justice is served.

 

Thank you for your attention to this matter.

 

Yours sincerely,

 

Daniel Ranui Clearwater,

 

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