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Catherine Davis Evidence (Final), 11aug06

Catherine Davis Evidence (Final), 11aug06

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Published by Catherine Davis
Brief of Evidence of Catherine Davis re the WAI 262 Flora and Fauna claim to the Waitangi Tribunal.
Brief of Evidence of Catherine Davis re the WAI 262 Flora and Fauna claim to the Waitangi Tribunal.

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Categories:Business/Law
Published by: Catherine Davis on May 24, 2012
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05/24/2012

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IN THE WAITANGI TRIBUNALWAI 262IN THE MATTER OF
the Treaty of Waitangi Act 1975
ANDIN THE MATTER OF
a claim to indigenous flora and fauna
me oratou taonga katoa
.
ANDIN THE MATTER OF
a claim to the Waitangi Tribunal by HaanaMurray of Ngati Kuri, Hema Nui a TawhakiWitana of Te Rarawa, John Hippolite (nowdeceased) of Ngati Koata, Tama Poata of Whanau a Rua and Ngati Porou (nowdeceased), Kataraina Rimene of NgatiKahungunu and Te Witi McMath (nowdeceased) of Ngati Wai.
BRIEF OF EVIDENCE OF CATHERINE DAVIS11 August 2006PERSONAL BACKGROUNDEducation and Employment
1.My name is Catherine Davis. I am of Te Rarawa descent. I live in Kaitaia and I amemployed by Te Runanga o Te Rarawa as their Te Rarawa Treaty Claims Manager.2.My main responsibilities are to coordinate the negotiations of the Te Rarawa HistoricalLand Claims Settlement with the Crown, and to manage Rūnanga involvement in other Treaty claims processes including any Waitangi Tribunal claims and the Foreshore andSeabed Act settlement negotiations with the Crown. I am authorised by Te Runanga o TeRarawa to make this statement on behalf of the Te Rarawa Wai 262 claimants.3.I have a Bachelor of Law and Social Sciences (Te Whare Wānanga o Waikato/ HamilitonUniversity, 1993) and a Master of Laws (Te Whare Wānanga o Te Upoko o Te Ika/Victoria University, 1998).4.I worked as a Policy Analyst at Te Puni Kokiri Head Office, Wellington, from 1994 to1998. As part of my duties at that time I attended and reported on the WAI 262 hearingheld at Rotorua. I was then employed as a solicitor in the Māori Unit of the Legal Firm
5/24/2012Page 2 of 28
 
Rudd Watts & Stone in 1999 before moving home to Kaitaia in 2000 to beginemployment with Te Rūnanga o Te Rarawa (the Rūnanga).
Involvement in International Issues
Committee on the Elimination of Racial Discrimination (CERD Committee)5.In July 2004 Te Rūnanga o Ngai Tahu and the Treaty Tribes Coalition petitioned theCERD Committee, under its Early-Warning and Urgent Action Procedure, to reviewcompliance of the New Zealand Foreshore and Seabed Act 2004 (the F & S Act) with the provisions of the International Convention on the Elimination of All Forms of RacialDiscrimination (CERD). In August 2004 the Rūnanga provided written support for this petition. I was the staff member who coordinated the Rūnanga’s involvement in thatmatter.6.In March 2005 the CERD Committee reported its findings on the petition regarding the F& S Act, and I have since held the watching brief over this matter. The CERD CommitteeSecretariat has advised that the New Zealand Government (the Government) is expectedto provide its Period Report to the CERD Committee in Spring 2007 (Geneva time)meaning that NGO reports would be needed by December 2006.United Nations Fellowship7.In 2005 I was one of five applicants worldwide who successfully applied for theIndigenous Fellowship being offered by the United Nations (UN) Office of the HighCommissioner for Human Rights in Geneva. Selection for the Indigenous Fellowship isregionally based, and I was the Applicant chosen from the Pacific region. TheFellowship began in May 2005 and ran for five months until September. During this timethe Fellows received training on the UN instruments and mechanisms that promote and protect indigenous human rights.United Nations Special Rapporteur on the Situation of Human Rights and FundamentalFreedoms of Indigenous People (Special Rapporteur)
5/24/2012Page 3 of 28
 
8.In November 2005 the Special Rapporteur conducted his Mission to New Zealand.
1
 Iassisted the Special Rapporteur with preparing his Mission brief, with liaising with Māorigroups in Aotearoa prior to his visit and was a member of the ad hoc volunteer WorkingGroup which facilitated Māori participation in the Mission. Our tasks included developingan itinerary with the Special Rapporteur’s office and negotiating that itinerary with theGovernment.UN Permanent Forum on Indigenous Issues (PFII)
9.
In 2006, with the support of the Rūnanga, I participated in the Fifth Session of the PFIIheld at the UN Headquarters in New York. The mandate of the PFII is to provideinformation, advice and recommendations to the UN Economic and Social Council onindigenous issues in the six areas of economic and social development, culture,environment, education, health and human rights. The PFII also raises awareness and promotes the integration and coordination of activities related to indigenous issues withinthe UN system.
10.
My participation at the PFII included drafting and delivering interventions in the Plenarymeetings during the Session, and involvement in the Pacific and Youth Caucus meetingsand activities.
INTRODUCTORY REMARKS
11.Born in Auckland, my father moved us back to our whānau land in Ahipara in the early1980’s. As a result I have always felt closely connected to my turangawaewae. I am nota strong speaker of te reo which, rightly or wrongly, I put down in part to the fact that Ihad an urban childhood, but mostly I attribute to colonization: As I got older I began toask to myself why my grandmother refused to speak te reo around my father and our whānau even though she was a fluent speaker. In my adult years I came to feel that I hadsome opportunity taken from me to learn my mother tongue, and have sought outopportunities to learn te reo wherever I can. I do not want my son to feel the samedeprivation in that respect as I do.
1
 
The purpose of his visit was “
to gain a better understanding of the situation of indigenous people in New Zealand through discussions with the relevant parties on issues such as the treaty settlements process, theimplications of the Foreshore and Seabed Act, public policies designed to reduce social inequalities betweenindigenous people and others, the provision of basic social services such as education, housing and health careto indigenous people, and the cultural revitalization of Maori
.” (Report of the Special Rapporteur on theSituation of Human Rights and Fundamental Freedoms of Indigenous People, Rodolfo Stavenhagen, to theCommission on Human Rights Sixty-Second Session, 13 March 2006 [E/CN.4/2006/78/Add.3], para 1, p4).5/24/2012Page 4 of 28

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