S1, Ep4 | Children of the Mist

Last time on damages. We went to Ecuador the first country to add rights of major to its constitution. You know, it's, it's, it's quite unique in the world. The constitution has this acknowledgement that Rachel has whites, something that doesn't exist in other constitution. This week, we had to, one of the first countries to post big rates of nature wins, New Zealand.

They've granted legal personhood to both rivers and land and new Zealand's often pointed to as sort of a beacon of hope in the rights of nature universe. The police that's figured it all out, but there's a bit more to it. Our reporter Lindell Rowlands brings us that story now.

these chaotic sounds, horses, fires, and shouting from a performance art piece, welcoming a group of judges to the small town of route to key a new Zealand's north Ireland back in 2006. In order to understand exactly what's happening here. You have to know some backstory. First route hooky is a town in Northern New Zealand in the homelands of a Maori tribe called to Hawaii.

Back in the 1840s. When New Zealand was being colonized, Maori chiefs entered into a treaty with queen Victoria called the white tiny. It was supposed to recognize Marty ownership of land and resources while New Zealand was being formally established as a British colony. The problem was the government, which is called the crown in New Zealand, broke the treaty almost immediately.

They started finding ways to cheat or sometimes outright steal land from Maori

fast forward, a hundred years to the 19 seven. That's when the government finally makes an attempt to acknowledge what happened all those years ago and how the actions of the crowns still affect Maori today, they created something called the white Tonya tribunal is designed to hear and address claims from the tribes like to Hawaii who were wronged during colonization.

When the white tangy tribunal came to Ruth Toki to hear testimony from two Hawaii, a local elder artists and activists, Tommy ITI was tasked with organizing the welcome center. And what he put together was a historical reenactment of sorts, that performance art piece you heard before it was held at a spot in the road where there's a painted white line.

That line is known as the confiscation line. And since the 1860s, it has divided to high land from the ledge. The crown took from. They had to come in on horse carriage is kind of the romantic view of the settler period. This is two way negotiator, Tom petty Krueger. And as they double down the road towards the confiscation line, uh, there was an array or demolished crushed vehicles and they were on fire with lots and lots of black smoke.

The judges coming in hot to get out of there, cause at the confiscation line and to get through, they either had to walk or ride in horse-drawn carriages the rest of the way into town, passing by burning cars and lots of blacks. The idea for this ceremony, this performance was to give the judges some sense of just how terrifying colonization had been for two Hawaii.

And by all accounts, it worked very confrontational for the tribunal, uh, so much so that when we met later on that afternoon, judge Savage did share with us that a couple of members of the tribunal feared for their lives. This is a clip from the documentary, the price of. In it to Hawaiian negotiator, tar Mutti Krueger is being questioned by Tommy eat lawyer.

A few years after ITI spectacle had welcomed the tribunal to town. That was the process work that fear through today. Uh, it was explained to judge Savage that, so it was for to where people in 1969. 80 led the demonstration in a long green kilt and Blackberry. He was shuttling. So you could see his Tom Mako, the spiritual tattoos that had on his face and torso.

And he had a rifle casually slung over his shoulder reports about the tribunal and Tommy ETS, welcoming ceremony made news around the country. And parliament was up in arms. They said 80 should have been arrested the charge. It was all part of the. Carrying an unlicensed firearm and shooting at a flag.

Police began surveilling Tommy ITI and other activists claiming that two-way, we're raising a militia and running a terrorist training. On October 15th, 2007, about 300 police descended on the small town of TOKY. The town only had a population of about 600 people, mostly to Hawaii. It was two years off.

Tommy ITI had organized that welcome for the white Tonya tribunal, Toto to key on the day of the raids, the police set up the in line on the same piece of road where the ceremony took place. Right along the confiscation line that had been drawn over a century earlier

and it's Sykes Amati barista represented. Many of the people arrested in the raids and I managed to get all of the ones that I've made Kate, um, to be found, not guilty. So one of the women I represented she's a jeweler and she goes around. She's the conservationist. She goes into the Parson, picks up bullets, state, um, You know, hunters and gatherers put her and she makes them into jewelry.

She was amazed at it because she was in possession of bullets without an explanation and state broke her arm when they arrested him. And she was a lovely young woman. And I don't know if she ever recovered from it, but, you know, that's, that was the ridiculousness of some of that. The latest I would put into Mount Eden prison, which is one of the more difficult about correction facilities.

It wasn't a coincidence that the police raids happened while to Hawaii. We're in negotiations with the crown, many of the people that were arrested. We lead us or the climates people that we're bringing the claim porn on behalf of the people in the end out of the 18 people arrested just for went to trial in 2012, they became known as the Uber aware of four Tommy T.

It was one of the era aware of four who stood trial. Here's another clip from the price of peace where Tommy is preparing for court during his trial. I know there's going to be a big fight, a big battle. Uh, Dakota would say

they'll deal with the low yeah. E T quotes Maori later to QUT, let the law deal with the law. So, uh, we participate in the show theater. The camera's filet, E T as he walks from the hotel to the court, and almost immediately someone walking past shakes his hand at they, uh, should left. It's all. We need more than a little further down the road, a group of construction workers.

We shouldn't good luck today.

A jury clear that we're aware of four of more serious. Including of belonging to an organized criminal group. The judge sentenced Tommy 80 to two and a half years for possession of firearms throughout the trial. And in response to 80 sentencing, they were growing protests over how the crown had handled.

The rates have been excessive and in the lead up to them, police had spied on to Hawaii for months, but they never actually found evidence to back up the initial terrorism claims it all seemed like an overreaction to that ceremony back in 2005, that international attendance. Actually push the crown back to the negotiating table with two way, with some surprising results.

That story coming up after the break I'm Lindell Rollins, and this is damages

[00:08:57] Lyndal Rowlands: Tuhoe had many claims to the Waitangi tribunals, but one claim in particular was considered non-negotiable: the return of their Homeland, which for Tuhoe is not just a special place, but an ancestor.

[00:09:14] Annette Sykes: One of the key witnesses for me, he described it in our language as Te Urewera is my mother and my father. It's where I grew up. It's where I go to pray. It's where I go to, um, partake of food that nourishes me and my future generations. So for you to suggest that you can own one mother and my father is completely antithetical to our ideology or our relationships to that environment.

[00:09:44] Lyndal Rowlands: The forested mountains of Te Urewera were part of the land the Crown had confiscated from Tuhoe.

[00:09:50] Chris Finlayson: Tuhoe spent the 20th century essentially locked out of involvement in their own Homeland.

[00:09:58] Lyndal Rowlands: This is Chris Finlayson, the former attorney general of New Zealand. The promises made in the Urewera district native reserve act 1896 were never kept.

That act was never honored and eventually repealed without any input from Ngai Tuhoe. Then in 1954, the Crown made a unilateral declaration that Te Urewera was to become a national park.

But for Tuhoe and their ancestor Te Urewera, things weren't right. Trees weren't growing as tall as they used to and lake wake around marijuana.

The Juul of Toyota era was polluted with rusted cars and trash, almost 85% of to Hawaii, no longer lived in the ancestral homelands, and they were losing their close connection with Taylor Rivera. The tribunal held hearings where two Hawaii shared their testimonies, but in 2010 negotiations reached an impact.

The prime minister of New Zealand at the time, John keys said that Tate Herrera would not be included in the settlement with the two white people at the same time that the tribunal was considering two way claims another trial was taking place in new Zealand's high court. The trial of the Aurora for brought international attention to the two way.

Cause, and to ed, he was released eight months into his sentence and went home in February, 2013.

The last stretch is about five Mars or Dean colon. This is from the documentary pressive pace again, Tommy ITI is being driven home on the morning he was released from prison and you used to be the we'll spin the road of white supremacy mentality because there's all confiscation land. But not anymore.

The year after Tommy T was released, police returned to Rua tocky this time, they were there to apologize to 80 and the community for the harm caused by the 2007 rates. Media organizations have also apologized to 80 for the way they reported on the crowns narratives. The Uber aware of full with terrorists, but these weren't the only apologies that were made in 2014 today, sir, we begin to remedy that history will no longer be a national park and stead.

It will have its own legal identity. It reflects a two-way view of as having an identity in its own, right? Not as a mere possession. But a treasured place that requires respect and careful stewardship. The crown finally agreed to give up its control of Tate. Alara it wasn't quite land back, but it was a big step forward.

The crowns redressed to, to Hawaii also included extensive apologies for more than 100 years of harm. The Toyota Wera act was one of the first laws in the world based on the rights of nature. And it grants legal rights to the homelands of the two Hawaii to odor wetter is ancient and enduring. And as alive with history, it is abundant with scenery.

It has its own spirituality. It is, has its own authority. It has its own life force. And for two hoists, the people who come from who know to . Before to Hawaii, to Uber wetter as the heart of that great fish that Mar we had caught. This is Marie law professor just into interru. She's not reciting a poem or reading from an essay.

She's reading the text of the Tate little Vera act of 2014 at a TEDx event. Professor V Rood describes the Tate litter era act as one of the most beautiful pieces of legal writing you'll ever come. And so while I do not routinely and courage, the reading of legislation for joy, this is perhaps one exception as professor river explains in our tail.

Rower, as New Zealand is known to Mallory legal personality is about more than protecting needs. So we've used legal personality here and altered our New Zealand to do something more and better is to recognize and to reconnect with an indigenous world view of this place. And it is incredible that it has been on from the heartache and struggle to create these opportunities to disrupt the racialism and our society.

So how did two way convince the crown to agree to this settlement?

I think. Crossed over, um, the, I think the psychological barrier of not viewing food with S property, the whole obstacle of ownership disappeared. This is Tommy T Krueger talking about the Tate Wera negotiations on radio, New Zealand. The idea that Tate Aurora would belong to itself rather than to two way, it's a two way.

But it's also made the crown feel less uncomfortable about to Hawaii claiming their land back and in the aftermath of all the protests it gave the crown out without reversing their position entirely. And so what now seems like overnight, the crown agreed to give up its 100% ownership and governance of a national.

Why because we were no longer talking about ownership.

see. That's how that's how easy it was. Uh, you, you, you, you take ownership and you throw it out. And when you say the land owns itself and, well, what is your disagreement with that? So if the land owns itself, then the land owns the water land owns the minerals land owns the trees, the birds, the foreigner, and the.

It's been over seven years since was returned to itself. And to the care of two way, since that transition to high have introduced a new management plan. Unlike the department of conservations approach to the land, the two way approach is to manage the way people use the land instead of managing the land itself.

Tom petty Krueger is now the chair of the T little airport here. He is explaining to me that for, to Hawaii, caring for nature is about responsibilities. Not right. We don't think describing it as rights is helpful in, in L situation. Uh, two, I believe that they are born with responsibilities, not rights. Uh, we are, we are born into a family that involves.

The environment that involves nature in now creation stories. There is no space, no regard for ownership, entitlement, or rights, uh, where we are born. Uh, as part of nature, it is our point of origin and our point of returns. So, uh, as to why people, uh, we accept that we have obligations and responsibilities, not only to ourselves, but to how we live, where we live and, and that it is, it is our duty.

In order for us to progress in advance as human beings, we must know our place in nature. So. We don't see that our struggle is a struggle of the rights. It's rather a struggle to restore our sense of responsibility to ourselves and to nature. We don't own, we don't own this land, but we live with it.

It hasn't been an easy process with two way, balancing the need for Tate little era to recover with calls, for increasing access to the region. The act stipulates that there should be a management board of humans made up of six to eight representatives in three crown representatives. So it's not quite the same as to why having their land back.

And there are still some disagreements to be worked out like whether or not the roads should be. Yeah, I think I want to say I'd love to say that. Um, once we did the case, colonization got put on that plane back to United Kingdom. And in fact there was a new form of colonization as being wheeled against, and that it was control of the mother and the father.

The universe is how it was described to me, you know? And, um, and they learned within the university, the whole. Waste of life are assumed to try and have minimal effects on the universe.

Wow. Lindell. It's such an incredible story and there's so much more to it than I originally thought. I'm so glad that you dug into it for us. And also really glad you had me watch that documentary, the price of peace about the police raids. I know it's such a beautiful documentary and I really recommend that anyone listening to this also have a watch of the documentary.

As an American, who's not used to seeing government officials apologize for anything ever. I was also really struck by the apologies. It's, uh, it's just not something we see much of in this question, but there are all these scenes in the film where politicians and even the police who conducted those raids come and personally apologized and sit and actually listen to them.

It's pretty impressive. Yeah, these are some really moving scenes, especially the Huck is from the two way.

oh my gosh. Yeah. They're amazing. Had chills every time one was on the screen. I think it's really important to note though, as you did that, this is not necessarily the end result to we're after right. Yeah. I think that maybe for a lot of people outside of New Zealand, we might sort of think of this act as being this total victory.

But, um, here's what an at Sykes had to say about that. Can I say they see this as a step along the way too, as one of the lawyers, I don't think we, they blend it is quite where they want to. But it's, uh, uh, effects that they've ended up in a relationship with the crown, which gives them kind of governance and co authority, co management, and the ability to design restrictions and limits within what theory ecological vision or that part of the wilderness is certainly a bit of truth for them than when we started this in the middle of the 1990.

that's super interesting. So in the case of two Hawaii in New Zealand, this is really kind of a step on the path to land back. Exactly. Okay. That's it for this time next week, we'll head back to the us and wrap up the series where we begin. In the Midwest, that whole idea of, you know, no one's coming to save you.

This is going to be up to us. It's going to be the people in the communities that are directly impacted by all these environmental issues and harms that are going to have to stand together. Damages is an original, critical frequency production. This episode was written and reported by Lindel Rollins.

Our editor and senior producer is Sarah Finn. Sound designed by Ray Pang, mixing and mastering by Mark Bush. Our fact checker is wooed in again. Our first amendment attorney is James Wheaton of the first amendment project artwork for the show is drawn by Matt Fleming. Our theme song. This season is bird in the hand.

Bye for now big thanks to journeymen productions for licensing clips from the documentary price of peace will include information on where to find and watch the film in this. Archival in this episode is also thanks to Ted and radio New Zealand. If you like the show, please remember to rate and review it wherever you're listening and share it with your friends.

Thanks a lot. And we'll see you next time. .