Joe Hawke admonished for booting lawyer off marae

THIS STORY IS FOR MONDAY

Ngati Whatua elder Joe Hawke has been chastised by the Maori Affairs Select Committee for booting respected Auckland lawyer John O’Toole from a hearing on the Orakei marae recently.

Responding to a complaint from Mr O’Toole, the committee says “it’s for the chairperson to decide whether to remove any person from the meeting; it is not a matter for the tangata whenua or marae elders.”

It has directed Mr Hawke to provide it with a full explanation of what occurred.

The incident happened after Mr O’Toole made a submission on the Ngati Whatua Orakei Claims Settlement Bill, in which he said that 3.2ha of Tamaki Reserve land at Narrow Neck should be retained in public ownership rather than sold to Ngati Whatua.

At the behest of the chairman Tau Henare, Mr O’Toole then had a chat with Mr Hawke outside the meeting room.

“I was expecting to have a pleasant chat with Joe Hawke and start some communication going and then I copped his wrath,” he told NBR ONLINE.

“He turned round and started swearing at me. Well you’re one of these smart f*****g lawyers and you don’t know any f*****g history at all and that I should be ashamed of myself."

Mr Hawke then ordered Mr O’Toole to leave the marae immediately, something the lawyer felt obliged to do given his understanding of Maori protocol.

Mr O’Toole says he was “deeply offended” at what occurred to him, having never once been kicked out of hearings or tribunals in 40 years practice as a lawyer.

In a letter of complaint to the select committee he expressed disappointment at what occurred, saying he had been deprived of his right to be present for the entire hearing.

“If Mr Hawke’s criticism of my views and behaviour are representative of the approach of Ngati Whatua, then I am apprehensive for the future. This is not the way to resolve historic grievances,” he said.

In his reply, Tau Henare said “while the committee cannot apologise on behalf of Mr Hawke for actions that may have occurred outside of the hearing, we are disappointed that the committee’s suggestion, made in good faith, that you speak with Mr Hawke has reportedly resulted in this behaviour.

“The committee supports your view that communication between affected parties – particularly as you could be neighbours in the future – is likely to result in a better understanding of differences and the avoidance of mistrust.”

The committee also “noted” Mr O’Toole’s concerns about the appropriateness of holding the hearing on a marae, rather than a “neutral “ venue.

“This is a matter for the committee to decide. The Standing Orders of the House of Representatives make it quite clear that it is for the committee to decide how it wishes to conduct its proceedings.”

Mr O’Toole told NBR ONLINE that he still believes that a neutral venue is the correct place “for any type of contentious hearing.”

He says he’s not expecting an apology from Joe Hawke and does not intend to take the matter any further as he believes the sale of the land to Ngati Whatua is a “done deal.”

Mr Hawke, meantime, has not responded to our calls for comment.