Annette Sykes

As whanau time approaches this Xmas I thought it timely to acknowledge some incredible acheivements that have largely gone unnoticed in the media, Maori or Mainstream by some of my fellow travellers in that space called the intersect between Maori Law and Pakeha Law.

Notably is the contributrion of our friend and International Jurist and expert on Indigenous rights and obligations Moana Jackson.

This year there have been three projects he has guided to some conclusion. The first was the process of mediation between the various hapu and iwi in the CNI and the allocation of beneficial interests now being cemented following the institution of a process of arbitration from which Western trained legal minds were largely absent or banned. Contrary to even the loudest shrieks from the sceptics of commercial worlds the agreements reached seemed to have been largely accepted by the various interests involved with the mana and respect for the lands and the people of the lands maintained. The process itself had its limitation because of course the Crown in its usual temerity had predetermined that some significant interests should be excluded representation in their own right notably Ngati Haka Patuheuheu and Tamakaimoana ki Te Whaiti but nevertheless the principles of agreement still maintain long held Maori customary rights principles as the basis for entitlement.

The second is the long process of Constitutional change and dialogue Moana has overseen with Professor Margaret Mutu largely as a process to challenge the timid Constitutional Review of the previous National Maori Party government but also to enable the questions of constitutional change and decolonisation workshops to be discussed in over 2000 hui from churches to marae; workplaces to beaches; union halls to kura kaupapa and wharewananga in an environment that is hostile to alternative political and constitutional options even being canvassed as part of civic education and understandings of the undeniably youthful populations of the Maori World.

The final matter is the findings in the Te Paparahi o Te Raki hearings that there was no cession of sovereignty by the peoples of Nga Puhi by virtue of a proper interpretation and understanding of the interconnection of the relationships preserved by He Whakaputanga o Nga Hapu o Niu Tireni ( the Declaration of Independence) and the Maori Text of Te Tiriti o Waitangi. For those that were not intimately involved in a hearings process that spanned four years much of the legal analysis came down to a challenge of the Pakeha Academics against the Maori Jurists like Moana Jackson, Patu Hohepa the late Rima Edwards and notable Northland elders. Again the force of our law could not be ignored despite over 12 previous tribunals being confronted with the simple but powerful statements asserted for Nga Hapu o Nga Puhi that there was never intended to be a cession of sovereignty and that at best what was contemplated was a constitutional power sharing arrangement with sites of power to make and enforce law being preserved to Maori and not subsumed beneath the mana of a foreign power seeking to make those they were engaging with subservient to their colonial objectives.

My friend I post this today knowing you are preparing to go to the United Nations to explore interventions by human rights specialists into the Gaza situation shortly. I am in the Te Rohe Potae hearings where again your intimable evidence is unfolding its magic to persuade all that Ngati Maniapoto never ceded sovereignty and that the Kingitanga was a legitimate construct to confront the avarice of Crown desire to covet land and power.

Take care safe travels and know that your lifes work is finding force in our world even if it is invisibilised by legal and political commentators either not interested in the work of upholding Te Tiriti and the rights of our people in this land Aotearoa which we have always known as ours or have deliberately ignored the power of your work for the greater challenge it means for the Nation as a whole.

I know that Syd and fellow travellers on the path to uphold Mana Maori Motuhake will be saluting you at this time as we who practice Pakeha Law always do when you have come into a forum where the instruments of the colonisers are so blunt in their design to destroy our goals but are no match for the honour of truth and justice you emanate in your gentle tones of truth.

‪#‎MoanaJackson
Moana Jackson