Kia ora koutou e te whānau,
We hope you and your whānau are safe during these challenging times of lockdown.
Please know that we really appreciate your continued support for our Kaupapa.
Together, we remain steadfast in protecting this ancient Pā site, historic park, and Te Hā, our Tūpuna Rākau, a magnificent sprawling Pōhutukawa that is as old as Te Tiriti o Waitangi.
Since our last update there have been developments:
1. On 27 September 2021 the Ministry for Culture and Heritage signalled it was going to breach the Rāhui laid by Kaumātua of Ngā Uri o Tuperiri, which includes Kaumātua from Ngāti Whātua Ōrākei.
a) Building contractor Naylor Love, engaged by the Ministry for Culture and Heritage made a site visit which prompted Kaumātua from Ngāti Whātua Ōrākei to reach out to the Director to explain the tapu of laying down a Rāhui.
2. On 4 October 2021 the Chief Ombudsman formally announced his office was commencing an investigation into both the Auckland Council and the Ministry for Culture and Heritage processes triggered by complaints from the public about the lack of proper consultation with all interested parties, the potential impact on the Pōhutukawa and the non-notified status of the resource application. The Ombudsman’s process will form an opinion if the actions of the government/public sector agencies were:
a) Contrary to the law
b) Unreasonable, unjust, oppressive or discriminatory
c) In accordance with the rule of law
d) Wrong
3. The Ombudsman requested that the Ministry for Culture and Heritage put the works on hold. The Ministry responded by saying “the process is robust and it is appropriate to proceed with the construction of the Memorial”. Leaving it abundantly clear to us that it takes no heed of the Ombudsman’s process, that it has no intention to pause works and that it is up to the public to seek an injunction through the High Court. There was no mention of the Crown’s covenant obligation to adhere to the principles of Te Tiriti o Waitangi.
4. Therefore, if the Ministry chooses to proceed, in the middle of the Delta pandemic where Tāmaki Makaurau is already under duress – could be a serious breach of democratic, Parliamentary process and natural justice let alone transgressing tapu. It seems inexplicable that the Ministry would contravene in these circumstances.
5. On 6 October 2021 the Chief Ombudsman, of the Office of the Ombudsman wrote again to parties advising the Ministry of Culture and Heritage of his “surprise and disappointment with the Ministry’s advice that it will not cease work while my investigation is in process and decision-making carried out”. He indicates that this choice demonstrates a “lack of recognition” for the importance of his constitutional role.
6. Meantime the petition signed by nearly 16,000 New Zealanders, led by Margaret Brough whose father died at Erebus, that was formally presented on the steps of Parliament has fallen on deaf ears. There has been no formal response or consideration by Parliament yet.
7. On 13 October 2021 Dame Naida wrote again to the Prime Minister Hon. Jacinda Ardern for the purpose to hui. Afterall she is ultimately accountable given she is the Minister for national memorials.
What can you do?
a) Write to your local MP, Auckland Councilor, the Prime Minister and the Auckland Mayor to ask that the project be paused while the Ombudsman investigates. Ask that the Rāhui be respected.
b) Write to Naylor Love and ask them to respect the Rāhui.
c) If you are in Auckland, under the new Level 3 rules you can come to the park. Picnic safely here and take images of Te Hā and your whanau enjoying the space, post to social media daily and tag @ProtectMataharehare #saveTeHa and #SOSNZ
d) You can email contact@sosnz.org.nz to go on our urgent protector list and be alerted if contractors attempt to come on site.
e) Donate to help fund the expert reports https://givealittle.co.nz/cause/mataharehare (a huge thank you to those who already have)
f) Keep sharing the petition on www.sosnz.org.nz and spreading the word.
Finally, thank you for being part of this important kaupapa to save this ancient Pā site, historic park and New Zealand’s greatest urban Pōhutukawa. We can do this together.
It is time to respect what exists.
Kahurangi Dame Naida Glavish, Margaret Brough and the Protect Mataharehare team