Types of Hapu vs The Native Council

Posted on 10/03/202106/08/2021 by The Secretariat

As there are different types of descriptions for Hapu, we have defined the relevant ones below for a better understanding of the term “Hapu” when used within our kaupapa and this website.

Hapu established by the Settlers Parliament of NSW in New Zealand
Hapu proclaimed independent of Settlers Parliament
Hapu self appointed or self proclaimed
Hapu authenticated and constituted to The Constitutional Order of Nu Tireni

1. Hapu established by the Settlers Parliament of NSW in New Zealand
eg all hapu recognised by Parliament and receiving funding from them

1. Absolute authority is the Settlers Parliament
2. Settlers Parliament approves or disapproves Hapu decisions
3. Hapu comes under Settlers Parliament authority

2. Hapu proclaimed independent of Settlers Parliament
eg Tikanga Law Society, Incorporations, Sovereigns Councils

1. These hapu/organisations could also fall into the above category
2. Authority is always in dispute
3. Settlers Parliament has Law and enforcement on their side
4. Proclaimed Hapu has no Law and enforcement on their side
5. Settlers Parliament authority is superior
6. Hapu actions and decisions are monitored by Settlers Parliament
7. Settlers Parliament in the end is the Absolute authority

3. Hapu self appointed or self proclaimed
eg Paramount chiefs, Individual spokespersons, Whakaminenga, Ko Huirau

Absolute authority is the Settlers Parliament

Hapu has no law foundation

Hapu has no law recognition

Hapu has no law enforcement

Hapu has no law existence

Hapu has no authority whatsoever

4. Hapu authenticated and constituted to The Constitutional Order of Nu Tireni
Native Councils

Absolute authority is the inextinguishable Native Title
Hapu showing their mana ki te whenua (ownership to the Native Title) show the authority to the Native Title.

1. 1. Absolute authority is the Hapu (who holds the Native Title)
  2. Absolute authority means no other legislative authority
  3. Hapu decision is final
  4. Hapu has law on their side – The Constitutional Order and Sovereigns Law
  5. Hapu needs not to enter any conflict with any party

Whenever we talk Hapu, we are referring to “Hapu constituted and registered to the Constitutional Order and Sovereigns Law of Nu Tireni” and no other. As soon as inference to another hapu description is indicated, Hapu authority no longer exists. It falls into the category inferred to.