A taonga .... ?

[sparrow]

It could be one of the oddest claims lodged at the Waitangi Tribunal but
Rosina Hauiti wants her Tongan husband recognised as a taonga under the
treaty to stop a pending expulsion.

Ms Hauiti, 49, and Mofuike Fonua are set to celebrate one year of marriage
this Sunday but his threatened departure has cast a dampner on the occasion.

Mr Fonua's work permit expired last November and he hasn't been granted
residence status. He has lived in the country since May 2005 but has until
next week to leave on his own, before a removal order is issued.

Former Immigration Minister Tuariki Delamere is representing the Tauranga
couple.

In his submission for an urgent hearing to tribunal Judge Carrie Wainwright
he argues that spouses within the "sanctity of marriage" are taonga, and
therefore Maori are guaranteed "the right to retain their taonga" under
article two of the treaty which protects assets.

Judge Wainwright has yet to issue a decision on whether she will hear the
case, but has noted there is no precedent in law for regarding a person as a
"taonga" as it was used in the treaty.

But Mr Delamere said it was not such a strange notion.

"If your husband or children are not considered taonga, then I don't bloody
know what is."

He said the Immigration Service had decided the marriage was not legitimate
but that was not an area it should be poking its nose into.

"The state has no business in trying to determine what goes on behind closed
doors."

He said the issue was a human rights, not a Maori issue but after a year of
trying to get "some sense" from Immigration the tribunal was the last option
left to the couple.

Immigration officer Leon Finn, who has been dealing with the case, last
night directed inquiries to media officers.

Ms Hauiti said since Mr Fonua's work permit expired the couple had tried to
work with the service to sort out his immigration status.

But she said that in August it offered Mr Fonua a limited-purposes visa
provided he left the country after surgery for a rugby injury had been done.

But she said their lives were in New Zealand, not in Tonga, and the offer
amounted to "blackmail".

She said the nearly 20 years between the pair and their past domestic
violence issues could be why Immigration did not believe the marriage was
legitimate.

[Lux]

hmmm..well you often hear grandparents referring to their mokopuna as their taonga and as taonga is something which is precious, the above interpretation could be considered.

Are you sure she didn't say it was her Tongan?

If the last sentence is true, she should be considering the Immigration department as a taonga also.

[sparrow]

Yep. It's an odd one. Still, I'm of the opinion that if you marry a NZ citizen (provided the marriage proves to be legitimate), your spouse should be granted citizenship.

[Lux]

Well if shes been in a relationship with this person and married him after 20 years - regardless of the circumstances I would think that would be termed a legitimate marriage - problem is you never hear all of the circumstances in cases like this.

While its a cheeky move to try to retain your husband 'taonga' by using that term and laying claim under the Treaty...it's really no different from using other pieces of law to make your case. Though in this instance I find it pretty offensive myself - based on the reports of domestic abuse. I wouldn't consider a person who has (maybe) perpetrated domestic abuse to be 'taonga'.