{"id":284735,"date":"2026-02-15T02:58:09","date_gmt":"2026-02-15T02:58:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/284735\/"},"modified":"2026-02-15T02:58:09","modified_gmt":"2026-02-15T02:58:09","slug":"germaori-claim-over-chatham-islands-waka-rejected-by-maori-appeal-court","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/284735\/","title":{"rendered":"\u2018Germaori\u2019 claim over Chatham Islands waka rejected by M\u0101ori appeal court"},"content":{"rendered":"

The pieces have been stored in the care of the Ministry for Culture and Heritage<\/a> and parties were invited to submit applications to determine ownership.<\/p>\n

The trustees of Hokotehi Moriori Trust and Moriori Imi Settlement Trust jointly applied while Sixtus also emerged as a vocal participant.<\/a><\/p>\n

Sixtus identified herself as an interested party and applied to the M\u0101ori Land Court in September 2025 for an interim injunction preventing any removal, conservation, or handling of the artefacts.<\/p>\n

She argued the court should recognise what she described as \u201cGerlandicial appurtenant and adverse possession right\u201d and claimed the waka was connected to people of Germanic origin, whom she said had interacted with M\u0101ori and Moriori in antiquity.<\/p>\n

\u201cPreliminary analysis of reasonable probability that the vessel is made with New Zealand wood exported by High Chiefs to Germany, designed and manufactured by Native Moimoi Lutherans in Germany, \u2018namely Te Nayti\u2019, transported to the Chatham shore by Native Moimoi and received by Moriori and buried,\u201d Sixtus told the M\u0101ori Land Court at the hearing last year.<\/p>\n

The M\u0101ori Land Court dismissed her application, finding they lacked jurisdiction because her claim did not fall within the statutory definition of taonga t\u016bturu.<\/p>\n

Sixtus appealed that decision to the M\u0101ori Appellate Court in December 2025, but her paperwork was rejected from the outset.<\/p>\n

The court found her application cited incorrect acts, such as the judicial review procedure and the State Owned Enterprises Act.<\/p>\n

The court gave her a month to file the correct documentation with a $1000 security costs which she paid.<\/p>\n

But at the hearing in January, the court noted those documents were also incorrect.<\/p>\n

\"TheThe waka was discovered buried in the sand dunes in R\u0113kohu – Chatham Islands. Photo \/ Manat\u016b Taonga<\/p>\n

The court found her application referred to sections that held no relevance, such as powers of an incorporation and damages for trespass or injury to M\u0101ori freehold land.<\/p>\n

\u201cIn our view, none of these sections is relevant to the M\u0101ori Land Court decision or the appeal before this Court,\u201d the decision said.<\/p>\n

She also went into her interpretation of the word \u201cM\u0101ori\u201d, claiming the word was an invention.<\/p>\n

Sixtus pointed to early dictionaries by Thomas Kendall (1815) and Ernst Dieffenbach (1839), saying they \u201cmake no mention of M\u0101ori, this word did not exist in their language\u201d.<\/p>\n

She claimed the words P\u0101keh\u0101 and M\u0101ori derive from older root words she calls \u201cPakkekka\/Pakkahah\u201d and \u201cnative\u2026 ab-originals M\u0101ori\u201d from places such as the Roggewein Islands and Tikopia.<\/p>\n

She also argued the Treaty of Waitangi used the terms Native Chiefs and Aboriginees, not M\u0101ori or P\u0101keh\u0101, and therefore the original \u201cnatives\u201d could include people of Germanic origin.<\/p>\n

\u201cP\u0101keh\u0101 peoples are clearly \u2018Germaori people\u2019 sea voyagers and come within the Native define\u2011ations of the word \u2018M\u0101ori\u2019,\u201d she said in claiming her Germanic ancestors should qualify as M\u0101ori for the purposes of the Act.<\/p>\n

In the recently released decision, the appellate judges said the claimant was basing her right to be in the M\u0101ori Land Court on an asserted ancestral link to \u201cthose of Germanic origins who visited or settled in New Zealand and had dealings with M\u0101ori\u201d. <\/p>\n

But the court noted she provided no mandate to speak for such a group, nor any evidence to support her theory, relying instead on \u201csupposition as to what might have happened\u201d.<\/p>\n

Her submissions were rejected.<\/p>\n

\u201cThe word \u2018M\u0101ori\u2019 as used in the Protected Objects Act 1975 carries the legal meaning of \u2018M\u0101ori\u2019, defined in the M\u0101ori Purposes Act 1974 as \u2018a person of the M\u0101ori race of New Zealand; and includes any descendant of such a person\u2019,\u201d the decision said.<\/p>\n

\u201cThis clearly does not include \u2018Pakkahah\u2019 or \u2018Germaori\u2019 as defined by Sixtus.<\/p>\n

\u201cAs Ms Sixtus is claiming on behalf of those of Germanic origins that the waka was built by Germans, her claim does not fit within the definition of taonga t\u016bturu.\u201d<\/p>\n

The appeal was dismissed.<\/p>\n

The artefacts remain in the care of the Crown and a full heritage report is due this month while ownership determinations progress through the courts.<\/p>\n

Sixtus and Moriori Imi Settlement Trust did not respond to requests from NZME for comment.<\/p>\n

Shannon Pitman is a Whang\u0101rei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ng\u0101puhi\/ Ng\u0101ti P\u016bkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.<\/p>\n","protected":false},"excerpt":{"rendered":"The pieces have been stored in the care of the Ministry for Culture and Heritage and parties were…\n","protected":false},"author":2,"featured_media":60498,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[6375,3595,49755,2741,1349,158687,3096,2720,111,43,139,69,1523,38606,49756],"class_list":{"0":"post-284735","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-new-zealand","8":"tag-appeal","9":"tag-by","10":"tag-chatham","11":"tag-claim","12":"tag-court","13":"tag-germaori","14":"tag-islands","15":"tag-mori","16":"tag-new-zealand","17":"tag-news","18":"tag-newzealand","19":"tag-nz","20":"tag-over","21":"tag-rejected","22":"tag-waka"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/284735","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=284735"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/284735\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/60498"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=284735"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=284735"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=284735"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}