-co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai...

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Transcript of -co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai...

Page 1: -co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai Ka titiro ki nga tomairangi E heke iho ki runga Te Upoko 0 Tahumata Tau ana ki te
Page 2: -co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai Ka titiro ki nga tomairangi E heke iho ki runga Te Upoko 0 Tahumata Tau ana ki te

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Kahuru IAutumn 2002 TE KARAKA 1

He Poroporoaki mo toku whaeaAlva Kapa (October 1945 - October2001 )

Tihei Mauri Mate!Ka haruru te whenua, ka haruru te moana.

Kua hika te totara nui ki roto i te Wao Nui 0 Tane.

Having known Alva, my mother, for30 years, I could not have imaginedher not ever being in my life. It isno longer an imagining, but areality I must live with daily - forthose of you who have known herlonger, her absence must be evenmore pronounced.

Alva had an unwaveringcommitment and dedication to the development andachievement of nga iwi Maori; primarily, te iwi 0 Kai Tahu.She saw education as the key to liberation and freedomof choice. Maori education was Alva's passion; herachievements (and her curriculum vitae!) were atestament to this. While it is likely that her workcontributed to her early passing, she undoubtedly wouldnot have wanted it any other way.

Her other passion was whanau; Alva saw whanauas the strengthening unit which gave individuals thesustenance they needed to survive (and thrive). Shewould be among the first to organise whanau gatherings,and her photo albums reflect this. Needless to say, mostof the pictures depict the whanau gathered around thekai table I But whanau for Alva was wider than just the!amily unit. Visitors to the South were always welcomeIn her home - and she would lavish them with enoughfood to feed the South!

Alva was passionate about people and extendedher belief in whanaungatanga beyond the limits of family.She knew so many people and would continuously bindthem through whakapapa links and association withothers - her memory and recall of such things astoundedme! She would often say to me, "You know such andsuch! She was at the hui we went to at Ratana Pa in1980 - you met her!" Even though I was only nine at thetime, she expected me to remember such people. WhatI now realise and appreciate, is that she was teachingme about the importance of people and our links witheach other: whanaungatanga and whakapapa.

During the days of her tangi, I heard Alva referredto as, "He wahine rongonui, he wahine whakahirahira,he rakatira mo ona iwi". I truly hope she heard thesesentiments uttered while she tirelessly worked towardsthe liberation of her people. To us, her whanau, she isfamous and special, and a born leader. She has left ahuge gap in our lives and a huge gap in the arena ofMaori education.

Alva passed away on her 56th birthday, October31, 2001. Two days later, her first mokopuna - Tu TeRangi Aniwaniwa Pari Veitch Brooking - was born,shortly followed by the birth of her second mokopuna ­Joshua Tamihana Baxter Henderson on November 13.With this passing and renewal, the circle of life has beencompleted.

Noho mai ra e te whaea ki te taha i a matou neitipuna. Rest well, go safely ...

na Janine Kapa Brooking

Haere ra, haere ra, haere atu ra.

Engari, a korua wairuaKua WhetOrangitia ki tua 0 te arai

Ka titiro ki nga tomairangiE heke iho ki runga

Te Upoko 0 TahumataTau ana ki te Urupa 0 Wairewa.

Poroporoaki for Riria Pirika andAlva Kapa

Korua nga amokura 0 Te WaipounamuTakoto mai ra, moe mai ra

Okioki ana i roto te rangimarie

Riria PirikaOn December 23, 2001, RiriaPirika, our mother, died at her homein Christchurch after a lengthybattle with cancer. During herillness she never gave up, neverwanted to believe that her time wasnear. Her courage and her faithwere evident in every day of her life,but especially at the end.

Mum was the second of theeight children of George and Edna Simon. Born andraised in Dunedin, she moved with her parents and herchildren, myself and my brothers George and Panetato Christchurch in 1964. '

In Christchurch she was confronted with the realityof racism. In the Christchurch of the early 1960s therewas not much diversity - we were brown faces in a seaof pink.

Having survived domestic abuse in her firstmarriage Riria then lived with the stigma of being a singleparent in a conservative era. In the 1980s Riria marriedagain, this time happily, to Te Hei Pirika from Te Arawa.

Riria was not formally educated, but she was wise.She had no burning ambition to change the world, butwanted her world and all those in it to aspire to mightygoals. She was not wealthy, but she was rich in courageand love and faith. Her smile could light up the roomand she could wither us with ''that stare".

But mostly hers was a God-centred life. Herreligious beliefs were everything to her. She set highstandards for herself and others and expected us to meetthem. Despite the many setbacks in her life she livedeach day with courage, with faith, and she even facedcancer, her last challenge, with a smile, with optimismand with dignity. '

May we meet again. We loved you well.

na Mei Simon-MaghanoyNoho mai ra e Poua ki te taha i 0 matou nei tOpuna.

na Khyla Russell

John Rangi Ellison,May 1901 - October 2001

Na Te KoreKo Te PoNa Te PoKo TeAo

Ko Te Ao TOroaKo MakOKo RakiKo Tane

Koia tera nahana i whai a Hine ki te PoKo Hinenuitepo

Aue!Tihei Mauri Mate!

Ka haruru te whenua, ka haruru te moana .Kua hika te totara nui ki roto i te Wao Tapu Nui 0 Tane.

I etahi wa e heke iho ka roimata ki aku paparika, koina hetohu maumahara mohoku e Rangi. Ka hotuhotu toku (amatou) manawa tonu mohou. Ka hotuhotu mai i tera wa

atu ki enei wa aianei; hei to mokemoke ai ki te kakaupouri i a au (i a matou) nei i te Toka.

Ko tenei te patai ki ia hutu i tau weheka atu ki tua i tearai. "He aha koe i mate penei ai?"

Ko te whakautu nohou pea, koina; ko te hiahia tinohOhonu i roto i a koe, kei reira ra e noho tahi ai. Otira, kua

tae te wa mohou hei tOtaki ai ki te taha i te katoatia ...Ahakoa ka mohio au (matou) tino hari nui tau wairua

aianei, he nui hoki te pouri i ruka i a au (matou), na temea, kaore e taea e au (matou) te kite ki tau kanohi i

konei. Ki a au (matou) nei, ko koe te taoka whakahirahira.Ehara mo te whanau anake, mo ka hapO, mo Kai Tahu

Whanui, mo te Iwi Maori ke.

Na Te Kore, ko Te PoKo Te Ao, ko Te Ao TOroaNa Te Kore, ko MakOKo Raki, ko TaneKoia tera nana i whai a Hine ki te PoKo HinenuitepoAue!Tihei Mauri Mate!

Page 3: -co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai Ka titiro ki nga tomairangi E heke iho ki runga Te Upoko 0 Tahumata Tau ana ki te

This special issue of te Karaka focuses .........---..,-­on providing information relating to thecurrent battles that Ngai Tahu faceregarding the allocation of fisheriesassets and the attempted encroachmentsby other iwi on our northern boundary.These issues are both taking upconsiderable tribal resource as wecontinue to fight for our rights guaranteedby the Treaty of Waitangi and theagreements in the Ngai Tahu Deed ofSetlement. It is resource that we shouldn'thave to be spending on such matters.Some of you may ask how important these matters are and I hope thatafter reading this issue you will realise how crucial they are to our futureand the future of generations to follow. An example of how seriouslywe view these breaches, was our decision in January to terminate thecontract Ngai Tahu had with the Ministry of Fisheries to administerregulations governing customary fishing.

This difficult decision was made due to grave concerns we had inrespect of recent decisions taken by the Ministry of Fisheries that reflecton our representative and tangata whenua status within our takiwa.Specifically we were concerned by the Ministry's interpretation of theFisheries (South Island Customary Fishing) Regulations 1999 as theyrelate to the nomination of tangata tiaki.

Ngai Tahu and iwi at the top of the South Island had put in placeinternal processes for verifying and submitting nominations for tangatatiaki. The Ministry however refused to accept these processes anddecided that they would accept nominations from any and all whanaumembers.

We believed that the Ministry's position was unprincipled andinefficient. As tangata whenua, we must have the right and responsibilityto nominate tangata tiaki that are qualified and suited to the job. Wehad established streamlined processes that ensured an effective andsmooth operation. The Ministry's process was unwieldy and could resultin a huge influx of nominations from illegitimate sources.

In addition, in our opinion the process was contrary to the TeROnanga 0 Ngai Tahu Act. Under the Act, Te ROnanga 0 Ngai Tahu isrecognised as the representative of Ngai Tahu Whanui, yet the Ministryrefused to recognise the very structures and processes that we regardas being central to the management and administration of our customaryrights.

We endeavoured to resolve this situation through discussion anddiplomacy but as no support was forthcoming from the Ministry wewere left with no alternative but to cancel the contract.

This decision signals the serious view that we take of thesefundamental issues. The fact that we had to make this decision signalshow lightly the Crown views our settlement. We hope that after readingthis issue of te Karaka you will have a greater insight into some of

these issues. na Tahu Potiki, CEO, Te ROnanga 0 Ngai Tahu

The Ongoing Battles

Spectrum Print

Jenny Rendall

Ngai Tahu Publications LtdPO Box 13 046 ChristchurchPhone 03 366 4344Fax 03 365 4424

Te Tapuae 0 RehuaKa tiea te pae tawhlti - Nitere uttro fines.

DESIGN

PRINTING

PUBUSHER

CONTRIBUTORS Adrienne AndersonJohn BeckettRoss CaimanSandra CookDonald CouchJackie CurtisSuzanne EllisonAnake GoodallJustine InnsBlade JonesHana O'ReganTahu PotikiVicky RatanaMark SolomonKaraitiana TaiuruTe Maire TauMoana TipaRob TipaToni TorepeMaree Willetts

THE NGAI TAHU MAGAZINEKahuru/Autumn 2002

EDITORIAL TEAM The Commuications Unit,Office of Te ROnanga 0

Ngai Tahu

Contributions and letters to the Editorshould be sent to:

TEKARAKAThe Office of Te ROnanga 0 Ngai Tahu

PO Box 13046, CHRISTCHURCH

© 1995The entire contents of Te Karaka are copyrightand may not be reproduced in any form either in partor in whole without the wrItten permission of thepublisher. All letters addressed to Te Karaka will beassumed intended for publtcation unless clearlymarked "Not for Publication"

Opinions expressed in Te Karaka are those of thewriters and not necessarily endorsed by Te ROnangao Ngai Tahu.

Short Story"The Green Ngahere of Home" by Gerry Coates

Book ReviewsDonald Couch reviews "Matauranga Maori as an Epistemology"and Songlines to satellites: Indigenous Communication in Australia, the South Pacificand Canada.

Nga Reta

Tamariki Ma

REGULAR FEATURES

Ahakoa he iti, he pounamuNews and views from members of Ngai Tahu WMnui

What's Cooking?

Web Site Review

AchieversThe successes of Ngai Tahu WMnui

The Disappearing MohuaThe numbersofYellow Bush Canarycontinue to decrease despite efforts to keep them safe

Hikoi Maumahara to Italy and EgyptSurviving members of the Maori Battalion and their wMnau visit Italy and Egypt

The On-going BattlesIntroduction from Tahu Potiki, CEO, Te ROnanga a Ngai Tahu

From the KaiwhakahaereMark Solomon discusses the foundation of the Ngai Tahu Deed of Settlement

Recent History of Te Kereme -The Ngai Tahu ClaimPathway to the Deed of Settlement

The Path Forward

He KOrero Tangata

Fisheries Allocation - Where is it at?

Fisheries Allocation Time-line

Economic Implications of the Fisheries Asset

NgEli Tahu Seafoods on Display

The End of an Era?The Queen's recent visit to Rehua Marae

The Cancellation of the Customary Fisheries Contract

DEVELOPMENT CORPORATION

KaihikuPapatipu ROnanga and Ngai Tahu Development Corporation working together

New Whare ROnaka a RebirthKati Huirapa's recently opened whare rOnaka

Huriawa Restoration ProjectRestoration project on the Karitane Peninsula

Oblique and Compelling ArtA recent exhibition by Fiona and Neil Pardington

Ka HElpara Te AtaThe launch of the latest in the Te Ha 0 Tahupotiki series

Ngiii Tahu Product Order Form

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TE KARAKA - Kahuru/Autumn 2002

contents

2 TE KARAKA KOanga/Spring 2001

Issue 19 published April 2002

© Ngai Tahu Publications LimitedISSN No. 1173/6011

Cover photography by Damon McPhail.Photo design by Strategy Advertising & Design.

Kahuru IAulumn 2002 TE KARAKA 3

Page 4: -co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai Ka titiro ki nga tomairangi E heke iho ki runga Te Upoko 0 Tahumata Tau ana ki te

Foundations of the Ngai TahuDeed of Settlement

."oczc~-ozeno."-I:cmzCi)»1

The issue simply put is one of rangatiratangaIf the Crown does not recognise Ngai Tahu Whanui asthe only iwi which has tangata whenua status in the NgaiTahu Takiwa, as the only iwi which holds rangatiratangawithin the Ngai Tahu Takiwa, as the only iwi to hold therights which were guaranteed by the Treaty of Waitangiin the Ngai Tahu Takiwa - and as being entitled toexercise that rangatiratanga via the mechanismsprovided in Te ROnanga 0 Ngai Tahu Act - then the veryfoundations of the Ngai Tahu Deed of Settlement willhave been removed by the Crown.

decision, no other iwi had rights protected by the Treatyof Waitangi that could give rise to historical claims withinthe Ngai Tahu Takiwa.

Ngai Tahu feels betrayed by the Crown's changeof heart. If the Crown did accept any of the claims by TeTau lhu within the Ngai Tahu Takiwa as valid, Ngai Tahuwould have no choice but to reject the notion that thesettlement was a final settlement of Te Kereme. It is nota question of what economic redress might be providedto any other iwi and whether or not, in the view of theCrown, that redress "takes anything away from NgaiTahu".

The Crown has since had a complete change ofheart. Not only is the Crown failing to stand by theagreements reached in the Deed of Settlement, it is infact supporting Te Tau Ihu to "have their say" over andover again in the Waitangi Tribunal and in the High Court.Although the Crown supports Te Tau Ihu having theirday in court, Crown Law strenuously argued against NgaiTahu having the right to take its case to the Privy Council.The Crown position clearly had an influence on thecourt's decision to refuse Ngai Tahu leave to take anappeal to the Privy Council.

In addition, Crown agencies such as the Ministryof Fisheries are following policies that blatantly ignorethe statutory recognition of the authority of Te ROnangao Ngai Tahu to act "for and on behalf of Ngai Tahu Whanuifor all purposes".

The Minister in Charge of Treaty of WaitangiNegotiations has indicated that the Crown's difficulty isthat the Crown must abide by the court's interpretationof the Ngai Tahu Deed of Settlement. That isunacceptable. The agreement is between the Crown andNgai Tahu. The affidavit evidence of Sir Douglas Grahamand Ta Tipene O'Regan clearly shows that there was acommon understanding of the parties to the deed. TheNgai Tahu Deed of Settlement was entered into on thebasis that, in accordance with the Maori Appellate Court

the KaiwhakahaereFromAs mentioned by our CEO, Tahu Potiki, the focus of this edition of te Karaka isthe current issues that Ngai Tahu is facing. Firstly in terms of threats to our Northernboundary and secondly the very real possibility that Te Ohu Kai Moana may choosea method of allocation of fisheries assets that will deny recognition of our treatyrights and our status as tangata whenua with tino rangatiratanga over our landand sea.

These issues are currently being fought by Te ROnanga 0 Ngai Tahu and it isessential that iwi members understand our current predicament, understand therisks that we face and, where possible, understand how you may assist with thesefights.

The constant litigation and the threats regarding allocation of the fisheriesasset do take their toll on staff and resources, although the strength that we gainfrom fighting these cases in a united way should not be underestimated. We mustensure that our rights as guaranteed by the Treaty of Waitangi are not erodedand we must work together to achieve this.

-

Fisheries (South Island Customary Fishing) Regulations 1999 and the CustomaryFisheries Compliance Contract between the Ministry of Fisheries and Te ROnangao Ngai Tahu

give practical recognition to Ngai Tahu Whanuias the tangata whenua of, and as holdingrangatiratanga, within the Ngai Tahu Takiwa(section 8, Ngai Tahu Claims Settlement Act1998); andrecognise Te ROnanga 0 Ngai Tahu as therepresentative of Ngai Tahu Whanui "for allpurposes" (section 15, Te ROnanga 0 Ngai TahuAct 1996).

One practical example is the stance taken by theMinistry of Fisheries (MFish) in interpreting andimplementing the Fisheries (South Island CustomaryFishing) Regulations 1999. The stance taken by MFishis totally contrary to those two fundamentalunderstandings and has led to a serious breakdown inthe previously positive relationship that Ngai Tahu had

The Ngai Tahu Deed of Settlement is based on anumber of key principles:

• The Crown and Ngai Tahu agreed to accept the"thrust" of the findings of the Waitangi Tribunalinvestigation into the Ngai Tahu claims - thisincluded the findings of the Maori Appellate Courtthat only Ngai Tahu had rights guaranteed by theTreaty of Waitangi within the Ngai Tahu Takiwa.

• The settlement would be a "full", "comprehensive"and "final" settlement of all historical Treaty ofWaitangi claims in the Ngai Tahu Takiwa and theCrown would be free of all of its obligations to Maoriunder the SOE Act, the Crown Forestry Assets Act1989 and similar Acts.

• The acknowledgement and recognition by theCrown of the status of Ngai TatW Whanui as thetangata whenua of, and as holding rangatiratangawithin, the Ngai Tahu Takiwa.

• Return of key taonga (such as pounamu, Rarotokaand Totaepatu Lagoon).

• A formal apology for the injustices of the past.• Cultural redress (including the vesting of Aoraki).• An acceptable level of cash compensation for the

economic losses as well as commercialopportunities to restore the economic base of theiwi.

In other words, a durable settlement in which the Crownwould "atone for the acknowledged injustices" and"begin the process of healing and enter into a new ageof co-operation with Ngai Tahu".

The agreement between the Crown and Ngai Tahuis incorporated in a Deed of Settlement and a suite of

settlement legislation that includes:• Te ROnanga 0 Ngai Tahu Act 1996;• Ngai Tahu (Pounamu Vesting) Act 1997;• Ngai Tahu (TOtaepatu Lagoon Vesting) Act 1998;

and• Ngai Tahu Claims Settlement Act 1998.

Te ROnanga 0 Ngai Tahu Act 1996 was fundamental ingiving legal recognition to the rangatiratanga of NgaiTahu Whanui. In both the deed and the legislation theCrown acknowledged that Ngai Tahu is today, and wasat the time of the signing of the Treaty of Waitangi,tangata whenua within the boundaries already confirmedin the Te ROnanga 0 Ngai Tahu Act 1996.

Ngai Tahu understood that the Crown intended tohonour all of the undertakings given during thenegotiations and as recorded in the deed and thelegislation. Ngai Tahu also believed that the legislationwould prevent further legal challenges to Ngai Tahu rightsand interests in the Ngai Tahu Takiwa.

The Threat to the Ngai Tahu SettlementTe Tau Ihu iwi have renewed their claims that they haverights or interests in the Ngai Tahu Takiwa. Ngai Tahubelieve that the Crown has a duty to stand by theagreements that are the very foundation of the Ngai TahuDeed of Settlement whenever these are under challenge.

Initially the Crown did stand by Ngai Tahu whenthe first of the Tau Ihu cases (Ngati Apa No.1) went tothe High Court and then the Court of Appeal. The Crownargued strongly that the Maori Appellate Court decision wasa fundamental element of the Ngai Tahu Deed of Settlement.

Cancellation of theFisheries Contract

In respect of the boundary issues we are often askedwhat is the harm in letting other iwi have their claimsreheard (sometimes for the third or fourth time). Ministersof the Crown and even the Prime Minister havereassured me that this Labour Government is committedto upholding the agreements that are the foundation ofthe Ngai Tahu Deed of Settlement. The harm is that thewords in the Ngai Tahu Deed of Settlement and fromcurrent ministers of the Crown do not mean anythingunless they are backed up by action.

Te ROnanga 0 Ngai Tahu is concerned that theCrown is failing to uphold the agreements andunderstandings that were fundamental to the Ngai Tahuagreement to settle Te Kereme (the Ngai Tahu Claim).Two of the key planks of the settlement were that theCrown would:

Customaryna Mark Solomon

>:cccmmco."enm=1r-ms::mz-I

4 TE KARAKA Kahuru / Autumn 2002 Kahuru /Autumn 2002 TE KARAKA 5

Page 5: -co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai Ka titiro ki nga tomairangi E heke iho ki runga Te Upoko 0 Tahumata Tau ana ki te

Foundations of the Ngai TahuDeed of Settlement

."oczc~-oz(J)

o."--I::cmzG>»-

The issue simply put is one of rangatiratangaIf the Crown does not recognise Ngai Tahu Whanui asthe only iwi which has tangata whenua status in the NgaiTahu Takiwa, as the only iwi which holds rangatiratangawithin the Ngai Tahu Takiwa, as the only iwi to hold therights which were guaranteed by the Treaty of Waitangiin the Ngai Tahu Takiwa - and as being entitled toexercise that rangatiratanga via the mechanismsprovided in Te ROnanga 0 Ngai Tahu Act - then the veryfoundations of the Ngai Tahu Deed of Settlement willhave been removed by the Crown.

decision, no other iwi had rights protected by the Treatyof Waitangi that could give rise to historical claims withinthe Ngai Tahu Takiwa.

Ngai Tahu feels betrayed by the Crown's changeof heart. If the Crown did accept any of the claims by TeTau Ihu within the Ngai Tahu Takiwa as valid, Ngai Tahuwould have no choice but to reject the notion that thesettlement was a final settlement of Te Kereme. It is nota question of what economic redress might be providedto any other iwi and whether or not, in the view of theCrown, that redress "takes anything away from NgaiTahu".

The Crown has since had a complete change ofheart. Not only is the Crown failing to stand by theagreements reached in the Deed of Settlement, it is infact supporting Te Tau Ihu to "have their say" over andover again in the Waitangi Tribunal and in the High Court.Although the Crown supports Te Tau Ihu having theirday in court, Crown Law strenuously argued against NgaiTahu having the right to take its case to the Privy Council.The Crown position clearly had an influence on thecourt's decision to refuse Ngai Tahu leave to take anappeal to the Privy Council.

In addition, Crown agencies such as the Ministryof Fisheries are following policies that blatantly ignorethe statutory recognition of the authority of Te ROnangao Ngai Tahu to act "for and on behalf of Ngai Tahu Whanuifor all purposes".

The Minister in Charge of Treaty of WaitangiNegotiations has indicated that the Crown's difficulty isthat the Crown must abide by the court's interpretationof the Ngai Tahu Deed of Settlement. That isunacceptable. The agreement is between the Crown andNgai Tahu. The affidavit evidence of Sir Douglas Grahamand Ta Tipene O'Regan clearly shows that there was acommon understanding of the parties to the deed. TheNgai Tahu Deed of Settlement was entered into on thebasis that, in accordance with the Maori Appellate Court

the KaiwhakahaereFromAs mentioned by our CEO, Tahu Potiki, the focus of this edition of te Karaka isthe current issues that Ngai Tahu is facing. Firstly in terms of threats to our Northernboundary and secondly the very real possibility that Te Ohu Kai Moana may choosea method of allocation of fisheries assets that will deny recognition of our treatyrights and our status as tangata whenua with tino rangatiratanga over our landand sea.

These issues are currently being fought by Te ROnanga 0 Ngai Tahu and it isessential that iwi members understand our current predicament, understand therisks that we face and, where possible, understand how you may assist with thesefights.

The constant litigation and the threats regarding allocation of the fisheriesasset do take their toll on staff and resources, although the strength that we gainfrom fighting these cases in a united way should not be underestimated. We mustensure that our rights as guaranteed by the Treaty of Waitangi are not erodedand we must work together to achieve this.

-

Fisheries (South Island Customary Fishing) Regulations 1999 and the CustomaryFisheries Compliance Contract between the Ministry of Fisheries and Te ROnangao Ngai Tahu

give practical recognition to Ngai Tahu Whanuias the tangata whenua of, and as holdingrangatiratanga, within the Ngai Tahu Takiwa(section 8, Ngai Tahu Claims Settlement Act1998); andrecognise Te ROnanga 0 Ngai Tahu as therepresentative of Ngai Tahu Whanui "for allpurposes" (section 15, Te ROnanga 0 Ngai TahuAct 1996).

One practical example is the stance taken by theMinistry of Fisheries (MFish) in interpreting andimplementing the Fisheries (South Island CustomaryFishing) Regulations 1999. The stance taken by MFishis totally contrary to those two fundamentalunderstandings and has led to a serious breakdown inthe previously positive relationship that Ngai Tahu had

The Ngai Tahu Deed of Settlement is based on anumber of key principles:

• The Crown and Ngai Tahu agreed to accept the"thrust" of the findings of the Waitangi Tribunalinvestigation into the Ngai Tahu claims - thisincluded the findings of the Maori Appellate Courtthat only Ngai Tahu had rights guaranteed by theTreaty of Waitangi within the Ngai Tahu Takiwa.

• The settlement would be a "full", "comprehensive"and "final" settlement of all historical Treaty ofWaitangi claims in the Ngai Tahu Takiwa and theCrown would be free of all of its obligations to Maoriunder the SOE Act, the Crown Forestry Assets Act1989 and similar Acts.

• The acknowledgement and recognition by theCrown of the status of Ngai Tahu Whanui as thetangata whenua of, and as holding rangatiratangawithin, the Ngai Tahu Takiwa.

• Return of key taonga (such as pounamu, Rarotokaand TOtaepatu Lagoon).

• A formal apology for the injustices of the past.• Cultural redress (including the vesting of Aoraki).• An acceptable level of cash compensation for the

economic losses as well as commercialopportunities to restore the economic base of theiwi.

In other words, a durable settlement in which the Crownwould "atone for the acknowledged injustices" and"begin the process of healing and enter into a new ageof co-operation with Ngai Tahu".

The agreement between the Crown and Ngai Tahuis incorporated in a Deed of Settlement and a suite of

settlement legislation that includes:• Te ROnanga 0 Ngai Tahu Act 1996;• Ngai Tahu (Pounamu Vesting) Act 1997;• Ngai Tahu (TOtaepatu Lagoon Vesting) Act 1998;

and• Ngai Tahu Claims Settlement Act 1998.

Te ROnanga 0 Ngai Tahu Act 1996 was fundamental ingiving legal recognition to the rangatiratanga of NgaiTahu Whanui. In both the deed and the legislation theCrown acknowledged that Ngai Tahu is today, and wasat the time of the signing of the Treaty of Waitangi,tangata whenua within the boundaries already confirmedin the Te ROnanga 0 Ngai Tahu Act 1996.

Ngai Tahu understood that the Crown intended tohonour all of the undertakings given during thenegotiations and as recorded in the deed and thelegislation. Ngai Tahu also believed that the legislationwould prevent further legal challenges to Ngai Tahu rightsand interests in the Ngai Tahu Takiwa.

The Threat to the Ngai Tahu SettlementTe Tau Ihu iwi have renewed their claims that they haverights or interests in the Ngai Tahu Takiwa. Ngai Tahubelieve that the Crown has a duty to stand by theagreements that are the very foundation of the Ngai TahuDeed of Settlement whenever these are under challenge.

Initially the Crown did stand by Ngai Tahu whenthe first of the Tau Ihu cases (Ngati Apa No.1) went tothe High Court and then the Court of Appeal. The Crownargued strongly that the Maori Appellate Court decision wasa fundamental element ofthe Ngai Tahu Deed of Settlement.

Cancellation of theFisheries Contract

In respect of the boundary issues we are often askedwhat is the harm in letting other iwi have their claimsreheard (sometimes forthe third or fourth time). Ministersof the Crown and even the Prime Minister havereassured me that this Labour Government is committedto upholding the agreements that are the foundation ofthe Ngai Tahu Deed of Settlement. The harm is that thewords in the Ngai Tahu Deed of Settlement and fromcurrent ministers of the Crown do not mean anythingunless they are backed up by action.

Te ROnanga 0 Ngai Tahu is concerned that theCrown is failing to uphold the agreements andunderstandings that were fundamental to the Ngai Tahuagreement to settle Te Kereme (the Ngai Tahu Claim).Two of the key planks of the settlement were that theCrown would:

Customaryna. Mark Solomon

>::cccmmco."(J)m=Irms:mz--I

4 TE KARAKA Kahuru I Autumn 2002 Kahuru IAutumn 2002 TE KARAKA 5

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Pari-nui-o-whiti(White Cliffs, south of Blenheim)

WAI27claimOn August 26, 1986, Ngai Tahu filed a claim against theCrown with the Waitangi Tribunal (WAI 27). In essence,Ngai Tahu claimed to have exclusive rights to all lands,forests, fisheries and other taonga within the Ngai TahuTakiwa and that the Crown had in numerous waysbreached its obligations to Ngai Tahu under the Treatyof Waitangi.

Just as the hearings began, a number of Te TauIhu iwi also lodged claims with the Tribunal claiming thatthey, rather than Ngai Tahu, held the rights guaranteedby the Treaty over large areas within the Ngai TahuTakiwa. The Waitangi Tribunal recognised this as aboundary dispute between iwi that they did not have thepowers to resolve.

The Crown wanted to have the boundary disputeresolved to remove the risk that they would be requiredto pay compensation to different iwi in respect of thesame land and resources. In other words, it was

The Ngai Tahu struggle to reach a durable settlementof Te Kereme (the Ngai Tahu Claim) began in 1849 whenMatiaha Tiramorehu wrote to the Governor complainingof the failure of the Crown to honour the agreement thatwas contained in the deed for the Kemp Purchase. Atall times Ngai Tahu relied on the guarantees containedin the Treaty of Waitangi as the foundation for theirclaims. Ngai Tahu believed that not only would the rightsof rangatiratanga as set out in Article II be upheld, butthat the benefits of the protection of the Crown with therights and privileges of British subjects as set out inArticle III would eventually deliver justice for Ngai Tahu.

Te Kereme was relentlessly pursued by sevengenerations of Ngai Tahu Whanui via the courts, bypetitions to Parliament and by participation incommissions of inquiry. In modern times Te ROnanga 0

Ngai Tahu and its predecessor the Ngai Tahu Maori TrustBoard pursued the claims using the Waitangi Tribunal,the courts and a negotiation process to reach what washoped would be a durable settlement of Te Kereme.

Recent History ofIe Kereme- the Ngai Tahu CSI

......---..,Pathway to the Ngai Tahu Deed 0 Ieme

held all of the relevant rights guaranteed by the Treatyof Waitangi within the Ngai Tahu Takiwa. This meansthat not only does MFish allow other iwi to prevent TeROnanga 0 Ngai Tahu from putting in place tangata tiakiwithin the Ngai Tahu Takiwa, it is fully prepared to acceptapplications from any other individual or iwi who merelymakes a claim to hold mana whenua, mana moanawithin the Ngai Tahu Takiwa.

To Ngai Tahu, this failure by the Crown to recognisethe rangatiratanga of Ngai Tahu Whanui makes theapology given to Ngai Tahu by the Crown meaninglessand calls into question whether the Crown will ever actin good faith when dealing with Ngai Tahu as its treatypartner within the Ngai Tahu Takiwa.

It was with the deepest of regret that Te ROnangao Ngai Tahu was forced to cancel the MFish contract inJanuary 2002. Not only did it signal the breakdown ofan aspect of the Crown/Ngai Tahu relationship, but itresulted in the immediate loss of employment for sixstaff members in an area of work which is at the heart ofNgai Tahu identity, the management and sustainable useof mahinga kai. However, Te ROnanga 0 Ngai Tahu feltthat it could no longer remain in this contractualrelationship with a treaty partner who shows no respectfor the most fundamental principles of the treaty,acknowledging and respecting the rangatiratanga ofNgai Tahu as the Crown's treaty partner.

This was a painful time for everyone involved, butthe fact that Te ROnanga 0 Ngai Tahu was prepared totake such a stand is a reflection of how seriously it takesthese issues. In its defence, MFish has told Te ROnangao Ngai Tahu that it considers that these issues are notjust an MFish issue but are in fact a wider "Crown" issue.As a result I have written to the Prime Minister urgingher to take the lead and to work through these issueswith Ngai Tahu. In the case of the MFish matters, theseissues can be partially addressed by making a numberof changes to the regulations to clarify, among otherthings, the role of the iwi authority in the nominationsprocess.

The Crown has to honour the undertakings in theNgai Tahu Deed of Settlement in both words and deeds.The Crown cannot continue to withdraw from theagreement itself and rely on what the courts say thesettlement was meant to achieve. The Prime Ministerand her ministers must give direction to Crown officialsand agencies that ensure that the Crown lives up to itspart of the bargain and gives practical effect to thecommitment in the Ngai Tahu Deed of Settlement torecognise Ngai Tahu Whanui as the tangata whenua of,and as holding rangatiratanga within, the Ngai TahuTakiwa.

We will continue to attempt to work constructivelywith the Crown to resolve these issues. However, allparties must be under no illusions, Ngai Tahu Whanuihave given Te ROnanga 0 Ngai Tahu clear instructionsthat we are to protect the northern boundary and theintegrity of the Ngai Tahu Deed of Settlement no matterwhat the cost. .

with MFish.The Treaty of Waitangi (Fisheries Claims)

Settlement Act 1992 gave effect to the 1992 FisheriesDeed of Settlement and repealed the Fisheries Act 1983,section 88(2). One of the main provisions of the 1992act is that "Regulations are to be developed thatrecognise and provide for Maori customary foodgathering and their special relationship with places thathave customary food gathering importance, e.g.,tauranga ika and mahinga mataitai".

After five years of MFish attempting to put in placenational regulations for customary fishing rights, NgaiTahu representatives joined with Te Tau Ihu 0 Te Wakaa Maui (Te Tau Ihu) to put in place the South IslandCustomary Fishing Regulations.

The close working relationship between the Crownand South Island iwi provided the impetus for TeROnanga 0 Ngai Tahu and Te Tau Ihu to enter into acontract of service to manage and give effect to thecompliance and administrative requirements of theregulations.

The contract provided for compliance funding andadministration. It included such things as employmentof kaiarahi, training programmes, input into MFishregional plans and devolving to Te ROnanga 0 Ngai Tahuthe responsibility for implementation of tangata tiakinominations.

This contract was seen as a valuable tool foradvancing the Crown/iwi relationship by empowering iwimanagement of customary fisheries. Unfortunately forNgai Tahu, the Crown has failed to recognise some ofthe most fundamental principles that the Treatyrelationship must be based on, and, in particular, therangatiratanga of the iwi.

Ngai Tahu, as with other iwi, have chosen forthemselves how they will conduct themselves as apeople. In the case of Ngai Tahu, we have chosen TeROnanga 0 Ngai Tahu as the representative of Ngai TahuWhanui "for all purposes" and we have an Act ofParliament that gives legal effect to that decision of thepeople. It is not for any Crown agency to now say theyknow what is best for Ngai Tahu Whanui and to refuseto respect the wishes of our people.

The role of Te ROnanga 0 Ngai Tahu in thecustomary fisheries context is to ensure that local NgaiTahu communities, as represented by the variousPapatipu ROnanga, have the ability to manage thecustomary fisheries in their own area. As MFish currentlyinterprets the regulations, any whanau and/or hapO (and,possibly, individual) has the ability to send their tangatatiaki nominations directly to MFish for advertising. Thatdoes not allow the iwi to exercise its rangatiratanga inmanaging its fisheries by ensuring that personsnominated to be tangata tiaki are accountable to theirlocal marae. It is important to note that all South Islandiwi and many North Island iwi agree with Ngai Tahu thatthis is the wrong approach.

In addition, MFish has chosen to ignore the decisionof the Maori Appellate Court that established which iwi

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important to determine once and for all which iwi hadthe rights. In January 1989, the law was changed toenable the tribunal to refer questions concerning tribalboundaries, rights or ownership in accordance with Maoricustom and usage to the Maori Appellate Court forconsideration. The Maori Appellate Court's decisionswould be binding on the tribunal.

Maori Appellate CourtThe Waitangi Tribunal asked the Maori Appellate Courtto clarify two questions in respect of the land coveredby the Arahura and Kaikoura deeds of purchase:

• Which Maori tribe or tribes according tocustomary law principles of take and occupationor use, had rights of ownership in respect of all orany portion of the land contained in thoserespective deeds at the date of those deeds?• If more than one tribe held ownership rights, what

area of land was subject to those rights and whatwere the tribal boundaries?

The case took around 18 months to be heard withseveral weeks of hearings during that time. In November1990 the Maori Appellate Court delivered its decision.The findings were unequivocal. The court stated that,according to customary law principles of take andoccupation or use, Ngai Tahu had sole rights ofownership in respect to the lands contained in both theArahura and Kaikoura deeds of purchase.

It is important to note that for the Maori AppellateCourt "ownership" was not a Pakeha concept. Itsunderstanding was that ownership was equivalent torangatiratanga and that no other iwi held rangatiratangawithin these areas.

There were several subsequent challenges to theMaori Appellate Court decision, including to the PrivyCouncil. They were all unsuccessful.

Tribunal findingsNgai Tahu Land Claims Report - WAI27On February 1,1991, the tribunal, relying on the decisionof the Maori Appellate Court, reported on the mainelements of the Ngai Tahu Claim. It made findings onthe 73 grievances or "branches" pleaded by theclaimants as part of the "Nine Tall Trees" of Te Kereme.It also made general recommendations in relation to itsfindings and five specific recommendations pursuant tosection 6(3) of the Treaty of Waitangi Act 1975.

The tribunal found that the Crown on numerousoccasions and in various ways failed to recognise andrespect Ngai Tahu rangatiratanga and status as thetangata whenua within the Ngai Tahu Claim area. Itrecommended that the Crown "restore to Ngai Tahu theirrangatiratanga and hence their mana within the NgaiTahu whenua".

Supplementary reportOn September 6, 1991, in a supplementary report, thetribunal recommended that legal structures be put in

8 TE KARAKA Kahuru I Autumn 2002

place that would allow Ngai Tahu as an iwi to gain alegal identity that would facilitate the continuation of itsnegotiations with the Crown. The report stated a needfor the establishment of a, "legal personality" for the tribe,not only capable of binding Ngai Tahu in an enduringsettlement with the Crown, but also of providing aneffective economic structure capable of developing andsustaining the tribe's rangatiratanga over its lands andother assets. The tribunal specifically referred to theMaori Appellate Court decision in the course of makingthese recommendations.

Ngai Tahu Sea Fisheries ReportIn 1992, the Waitangi Tribunal released its Ngai TahuSea Fisheries Report. It concluded that:

• The tribe's coastal territory was and is all theland below the northernmost eastern boundaryPari-nui-o-Whiti (White Cliffs, south of Blenheim)around the South Island coast to the northernmostwestern boundary at Kahurangi (north of theHeaphy river);

• Ngai Tahu rangatiratanga over the waters off theirrohe was not confined to those more favouredareas where they chose to fish ...Theirrangatiratanga extended to all the waters overwhich they travelled or could travel to engage infishing;

• Ngai Tahu in 1840 exercised effective tinorangatiratanga over their sea fisheries, out to adistance of not less than 12 miles or so from theshore off the whole of the land boundaries of theirrohe. They had full exclusive and undisturbedpossession of their sea fisheries.

Ngai Tahu Ancillary Claims ReportOn May 4, 1995, the Waitangi Tribunal published itsfindings on the Ngai Tahu Ancillary Claims. Those werethe claims of individuals and whanau (rather than tribalclaims) and included claims with respect to lands andreserves on the West Coast and Kaikoura as well asclaims in respect of certain South Island LandlessNatives Act lands.

The Crown and Ngai Tahu reach a negotiatedsettlementIn 1997 Ngai Tahu and the Crown reached a finalagreement, on the basis of which historical claims ofbreaches of the Treaty of Waitangi in the Ngai TahuTakiwa could be settled. That agreement included(among other things) the establishment of Ngai Tahu'slegal personality, the codification of Ngai Tahu's statusas the tangata whenua of, and as holding rangatiratangawithin, its takiwa and recognised and compensated NgaiTahu for the Crown's numerous historical breaches ofthe Treaty of WaitangL

This agreement was reached after protractednegotiations which had begun in September 1991 , whenthe Crown and Ngai Tahu agreed to accept the thrust of

the Waitangi Tribunal findings and enter into negotiationsto try to resolve the Ngai Tahu grievances. From thevery beginning one of the non-negotiable elements ofthe settlement was Ngai Tahu's desire to have a legalpersonality through which Ngai Tahu Whanui couldexercise their rangatiratanga within the Ngai TahuTakiwa. It was considered that the best way to achievethis was to create a statutory body with its ownempowering legislation.

The settlement agreement was incorporated in aDeed of Settlement and a suite of settlement legislation.

Te ROnanga 0 Ngai Tahu Act 1996 gave effect tothe specific recommendations of the Waitangi Tribunalcontained in the supplementary report on legalpersonality. The act:

• Must be interpreted in accordance with theprinciples of the treaty and thereby reinforces NgaiTahu treaty rights which are, among others, theirrights to enjoy full, exclusive and undisturbedpossession over their lands and estates, forests,fisheries and other properties within the Ngai TahuTakiwa (section 4);

• Gives legislative effect to the Maori Appellate Courtdecision by defining the Ngai Tahu Takiwa withspecific reference to the court's decision thatconfirmed Ngai Tahu's northernmost boundary(section 5).

The Ngai Tahu (Pounamu Vesting) Act 1997 gaveeffect to one of the specific recommendations of theWaitangi Tribunal to vest in Ngai Tahu all Crown-ownedpounamu in the Ngai Tahu Takiwa.

The Ngai Tahu (TOtaepatu Lagoon Vesting) Act1998 gave effect to a specific recommendation by theWaitangi Tribunal to vesting TOtaepatu Lagoon, by wayof gift, in Ngai Tahu for an estate in fee simple, free ofany encumbrances existing immediately before thecommencement of the act.

The Ngai Tahu Claims Settlement Act 1998 wasenacted to give effect to the Deed of Settlement signedby the Crown and Ngai Tahu on November 21, 1997.Section 462 of the act prohibits inquiry by the WaitangiTribunal into:

• "Ngai Tahu claims" as defined in the SettlementAct;

• The Deed of Settlement;• The benefits provided to Ngai Tahu under the Deed

of Settlement and the settlement act;• The settlement act itself.

In both the deed and the legislation, the Crownacknowledged that Ngai Tahu had, and continues tohave, rights guaranteed by the Treaty of Waitangi, thatit had breached those rights and that it wished to atonefor those breaches. The Crown based thoseacknowledgements on the findings of the WaitangiTribunal, incorporating, amongst other things, thedecision of the Maori Appellate Court.

The provisions of the Settlement Act, when read inconjunction with the other legislation, and the deed,further codify Ngai Tahu's status as exclusive holder ofall rights guaranteed by the treaty in its takiwa and shouldhave ensured that neither the Crown, the courts nor theWaitangi Tribunal would allow other iwi to continue toassert any claims within the Ngai Tahu Takiwa.

How is the settlement being challenged?There are currently three active legal cases with respectto challenges to the Ngai Tahu Takiwa which are beingpursued by most of the iwi of Te Tau Ihu 0 te Waka aMauL There is a High Court case, known as Ngati Apano.2, the Waitangi Tribunal inquiry into the NorthernSouth Island claims known as WAI 785 and a casebrought by Ngai Tahu which seeks to limit the scope ofthe WAI 785 inquiry to matters outside of the Ngai TahuTakiwa; if this is not possible, then to ensure that NgaiTahu is able to be heard in those hearings in order toprotect its interests.

The more disturbing challenges faced by Ngai Tahuare the policies and practices of certain Crown agencies,in particular the policy positions taken by the Ministry ofFisheries in the interpretation and implementation of theCustomary (South Island) Fisheries Regulations 1999.This position has led to the cancellation of a contractbetween the Ministry of Fisheries and Te ROnanga 0

Ngai Tahu (see page five).There is a lack of support from Crown Law in recent

litigation before the Waitangi Tribunal to uphold theagreements reached in the Ngai Tahu Deed ofSettlement. The Crown has not only argued that Te TauIhu iwi should have yet another opportunity to challengeNgai Tahu rangatiratanga (and thus the Deed ofSettlement) in the courts and the Waitangi Tribunal, butCrown Law has argued to prevent Ngai Tahu havingsimilar rights of access to the courts to defend the Deedof Settlement and our rangatiratanga.

These actions have put the Ngai Tahu/Crownrelationship under considerable strain.

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The Path Forward

A summary of the objectives and ideas in the strategies is outlined below. The most significant point to note is thatthis kaupapa needs to be driven and participated in by Ngai Tahu Whanui in every forum and at every opportunityavailable. This cannot just be a "project" managed by the Christchurch office of Ngai Tahu.

Strategic Direction for Boundary Issues

(Broad Strategic Approach)

/ ~Communications Political Strategy Resources to

Ngai Tahu Whanui Support Litigation

Communications Legal StrategyOther Iwi

In January 2002 Te ROnanga 0 Ngai Tahu approved a strategic plan and budget for advancing the Ngai Tahuposition in relation to the various challenges to the northern boundary. This plan is in response to the repeated callsat each hui-a-tau by Ngai Tahu Whanui for Te ROnanga 0 Ngai Tahu to take all practicable steps to protect thenorthern boundary.The Ngai Tahu position in relation to the takiwa and its status within that takiwa is absolute and unwavering. NgaiTahu Whanui are the tangata whenua and the only iwi with rights protected by Article II of the treaty within thetakiwa. In upholding that position, the principal objectives are twofold:

to preserve the integrity of the northern boundary as set out in Te ROnanga 0 Ngai Tahu Act 1996 and theNgai Tahu Claims Settlement Act 1998; andto ensure that there is legal and practical recognition of Ngai Tahu Whanui as the tangata whenua who holdrangatiratanga within the Ngai Tahu Takiwa.

The broad strategic approach illustrated below requires the active management of a number of areas, each ofwhich requires its own detailed and dynamic plans. These plans or strategies will dovetail into each other toprovide a co-ordinated and comprehensive approach to the boundary issues.

with the Prime Minister, her officials and other ministersto ensure that all outstanding matters are addressed.All members of Ngai Tahu Whanui are to be encouragedto participate in implementing this strategy in everysphere of political influence available to them.

Resources to Support LitigationThe objective of this strategy is to identify the resourcesrequired to support litigation to reduce the challenges tothe Ngai Tahu Takiwa. Time is of the essence in relationto the gathering of some of the material and informationrequired, particularly from Ngai Tahu kaumatua.

There are two streams of information beingcompiled. The first is information to enable Te ROnangao Ngai Tahu to respond to the specific issues raised inthe Ngati Apa litigation and the second is more genericinformation to respond to the assertions of some Te TauIhu iwi that they have rights protected by the Treaty ofWaitangi in the Ngai Tahu Takiwa. These resources willbecome a complete record allowing Te ROnanga 0 NgaiTahu to effectively respond to challenges now and inthe future.

Tasks under this strategy include identifying NgaiTahu kaumatua who have knowledge of the matters tobe addressed before the Waitangi Tribunal andimplementing a project to have the kaumatua interviewsconducted and videotaped as soon as possible.

The Legal StrategyThe objective of this strategy is to advance and protectNgai Tahu rights and interests within the Ngai TahuTakiwa by responding to all legal challenges and byseeking legal certainty as to the meaning and effect ofthe suite of settlement legislation (Te ROnanga 0 NgaiTahu Act 1996; Ngai Tahu (Pounamu Vesting) Act 1997;Ngai Tahu (TOtaepatu Lagoon Vesting) Act 1998 andthe Ngai Tahu Claims Settlement Act 1998).

There are currently three active streams of legalactivity:

• the Ngati Apa case (High Court);• the Waitangi Tribunal hearings;• the Waitangi Tribunal case recently heard in the

Court of Appeal.Te ROnanga 0 Ngai Tahu cannot let these cases goundefended. Ngai Tahu Whanui are encouraged toparticipate in and support these cases throughattendance at hearings and provision of information tosupport the defence of these legal challenges.

Political StrategyThe objective of this strategy is to ensure that the Crownhonours its commitment to "recognise Ngai Tahu as thetangata whenua of, and as holding rangatiratanga within,the takiwa of Ngai Tahu Whanui".

There are two significant areas where the Crownis failing to protect Ngai Tahu interests in respect to theboundary. The first of these is WAI 785 (Northern SouthIsland Inquiry), where the Crown's failure to uphold theNgai Tahu Deed of Settlement has worked to underminethe Ngai Tahu position in the courts. The second is theexample of the Ministry of Fisheries refusing to recogniseNgai Tahu as tangata whenua in the Ngai Tahu Takiwa.

Te ROnanga 0 Ngai Tahu has already made twosignificant decisions with regards to this situation. Thefirst is that Te ROnanga 0 Ngai Tahu will not initiate thefinal act of the Ngai Tahu Deed of Settlement - theacceptance, and gifting back of our tipuna maunga,Aoraki - until the Crown gives practical effect to all ofthe undertakings in the Ngai Tahu Deed of Settlement.The second and very difficult decision was to cancel theMinistry of Fisheries contract.

The key theme of the political strategy is that TeROnanga 0 Ngai Tahu, as the representative of NgaiTahu Whanui, will insist that the Crown and its agenciesact in good faith towards Ngai Tahu and uphold the NgaiTahu Deed of Settlement. The Kaiwhakahaere, with thesupport of Te ROnanga 0 Ngai Tahu, will continue to work

within the Ngai Tahu Takiwa.The positions of the eight Te Tau Ihu iwi differ. Ngai

Tahu has for many years in many forums had goodrelationships with most of the Te Tau Ihu iwi. This is duein part to the fact that many members of Ngai TahuWhanui have whakapapa links to Te Tau Ihu iwi. It isimportant that those positive relationships are reinforcedand fostered.

The Kaiwhakahaere, supported by Te ROnanga 0

Ngai Tahu and, in particular, Kaikoura ROnanga and KatiWaewae ROnaka will make contact with each iwi andexplore ways to develop relationships of mutual benefit.The message to all will be that Ngai Tahu will neverconcede its rangatiratanga within the Ngai Tahu Takiwa.If that is acknowledged by the iwi concerned, each iwican save its precious resources and turn its attention tomore positive matters such as how Ngai Tahu can workwith them to secure better economic, social and politicaloutcomes for all of the iwi in Te Waipounamu.

governance perspective (e.g., resourcemanagement and fisheries management).

• The boundary issue could escalate to threaten thedurability of the Ngai Tahu Settlement. This wouldhave serious consequences for the Government,for Ngai Tahu and for other treaty settlements.

• The courts and Government must not allow theNgai Tahu Settlement to be jeopardised.

The objective is to reduce the number of Te Tau Ihu iwithat are actively challenging Ngai Tahu rangatiratanga

Communications - Ngai Tahu WhanuiThe objective of this strategy is to ensure Ngai Tahuaudiences are informed and aware of the tribal positionon the boundary issues in order to ensure their ongoingsupport in the protection and advancement of Ngai Tahurights and interests within its takiwa.

The following messages must be spread widely,both to and by Ngai Tahu Whanui:

• The current threats to the Ngai Tahu boundary area serious threat to the iwi from a financial and

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He Korero Tangata

All Kai Tahu whanau stand to lose too mUCh.

Ripeka ClaytonKaikoura ROnanga

boundaries into legislation, the boundary needed to bemuch more explicit to meet modern-day needs. One ofthe things that had to be done within the 'v' (the boundaryline which connects Kahurangi on the west coast to TeParinui 0 Whiti on the east coast) is getting thewatersheds going down to the lakes within theboundaries. "We needed an explicit boundary line whichcontained the watersheds and this was done by followingthe ridgeline. For example, with the northern boundaryof the West Coast Deed, the watershed comes into thetwo lakes in the Tau Ihu area, off the heads of themountains - we also had to protect the headwaters froma traditional point of view. It was my job to ensure thatthe technical boundary line reflected the traditional wayMaori would establish boundaries."

Ngai Tahu's present predicament will haveimplications for other iwi, those who have settled theirtreaty claims and those who have yet to settle: "All havesome other issues with the Crown - the eight Tau Ihu iwihave problems with their own boundaries - how theWaitangi Tribunal will sort them out will take the wisdomof Solomon - but it is my belief that the actual boundariesbetween Ngai Tahu and Te Tau Ihu iwi won't change."

"Boundaries Were known by reference to geographicalfeatures such as mountains, lakes and rivers, andsometimes in great detail right down to tree stumps orrocky outcrops." The Maori Appellate Court decision wasbased on the boundaries as set out in the Arahura andKaikoura purchase deeds. Trevor says: "All the deed ofsale documents had a physical description of the saleboundaries, point to point. These were based on NgaiTahu's knowledge of its northern boundary at the timeof the deeds." Unfortunately these descriptions in thedeeds were vague enough to have caused someproblems. Trevor remembers that the main complaintsby Ngai Tahu in respect of those areas goes back to the1850s when the Crown purported to have bought theselands from other iwi. "In the Maori Appellate Courthearings, we had to go through the same process asour topuna did back then. They had to prove that thisland and its resources within those boundaries as setout in the purchase deeds was Ngai Tahu's and not thatof another iwi and we had to do it all over again in theMaori Appellate Court."

But when it came to getting the traditional

Ko Tapuae 0 Uenuku te maukaKo Waiautoa te awaKo Kati Kuri te hapOKo Kai Tahu te iwiKo Ripeka Clayton tOku ingoaKo Rangi Wawahia Horomona tOku papaKo Miriama Te Ahi Puria Pitini tOku mama

Tena Koutou Katoa

All my life I have heard from my parents the stories of the Waitaha, Mamoe, Kai Tahu and Kati Kuri peoples. Wegrew up with stories of Hinerongo and Tutuira Tira, Aponga, Marukaitatea and Moki, we knew our boundaries well,for they were instilled into us at a very young age. And why not, indeed the mana of Kati Kuri walked between theseboundaries, just as they do for Awarua, for Otakou, for TOahuriri and for every other rohe within Kai Tahu. Ourcultural and sports teams were named Parinuiowhiti representing our northernmost boundaries and still are today.

My parents told of the sacking of Omihi by Te Rauparaha, they told of my grandmother going daily to gatherkoiwi disturbed by rail-and-road-works and by people. We learnt of land loss and the struggle life was for them all.We learnt where the best food gathering areas were, which were the best eeling rivers and where to gather the bestmussels, which was around the Kai-para-te-hau, just south of Parinuiowhiti.

Kai-para-te-hau was notable as the place where Kai Tahu took its revenge against the combined tribes fromthe top of the South and Ngati Toa, for the slaying of Kai Tahu around the motu. Our battles against the Crown, topof the South and Ngati Toa haven't changed, Kaikoura ROnanga has had to fight through every resource consentwithin the area of Clarence to Parinuiowhiti. The price to fight has altered but our objective remains the same; in ourpast we lost lives, but held firm onto our mana. Today the arena is different, we are more educated, and we fight inthe courtrooms. We compromise nothing, as we fight for our tOrangawaewae, our mana and our tipuna.

Are we willing to give up our mauka, Tapuae 0 Uenuku, or our pounamu from Arahura, will we give up ourfishing ground, our lands, how do we share our urupa, our wahi tapu? Do we go on trying to make the Crownbehave in a honourable fashion? Of course we do. So, do we go on fighting in court to hold onto that which we knowis ours? The answer must be and always will be yes.

no such identifiable group holding any sort of traditionalauthority in the Ngai Tahu rohe. The very few peoplewho could be associated with this are in fact Ngai Tahupeople. If they are of Ngati Apa descent their presenceon the West Coast is by invitation - the tuku of NgaiTahu."

"Most people understand that if you take a visitorinto your home, and you give them a key so they haveaccess, that does not convey ownership of your home.You take that person in as a guest, you allow themparticipation - that is essentially what Ngai Tahu did inthe past with Ngati Apa and they're now trying to claim aslice of the title of the section."

Historically the "north" has always preyed uponsouthern territories, but in this situation, Ngai Tahu'sability to defend itself is being undermined. "In the olddays we were attacked by the northern muskets and wegot some pretty big hammerings but we were able tofight back. Today we get attacked by due process in thecourts - we are still being invaded in terms of the northerncampaign in the courts against southern fisheries, whichis just another big act of dispossession by the north.This time instead of guns they're using litigation."

If the Ngati Apa claim is successful it will set adangerous precedent and open the floodgates for furtherclaims to territories within the Ngai Tahu Takiwa. TaTipene regards the Crown's failure to defend the NgaiTahu position as a complete contradiction of theintentions of the settlement legislation and a breach offaith. "The one thing I wanted to ensure was that ourpeople's territories were protected from invasion foreverinto the future - that we could with confidence lookforward to what we would be dealing with in our worldrather than continually fighting the Crown for its non­performance."

Ta Tipene is unequivocal about the need for NgaiTahu to achieve a clear acceptance backed up by thelaw of where the Ngai Tahu territory is in order that the"real business of development can continue rather thanhaving to maintain a continual defensive posture ... wecannot leave a stone unturned in defence of our takiwa."

by the Treaty of Waitangi within those boundaries.According to Trevor: "If the comments made by the ChiefJustice were to be taken seriously, the Crown will havefound itself in the position of not being able to offer a fulland final settlement. That is because she has suggestedthat the Te ROnanga Act, the Ngai Tahu Deed ofSettlement and the Ngai Tahu Claims Settlement Act1998 did not confirm the findings of the Maori AppellateCourt that those rights, according to Maori custom andtradition, belong exclusively to Ngai Tahu within its ownrohe."

Trevor describes the process by which theboundaries between iwi were traditionally described:

T a Tipene O'Regan'sname is synonymouswith the Ngai Tahu claimswhich he has made hislife's work. For him thecurrent boundary disputeis not just an issue ofboundaries, coastlineand allocation offisheries; more disturb­ingly, it is about theCrown's ongoing failureto uphold its obligations.Despite the enactment of two separate acts of Parliamentand a Maori Appellate Court ruling affirmed by the PrivyCouncil defining Ngai Tahu's boundaries, the Crown isallowing our takiwa to come under threat. This situationrenders the phrase "full and enduring settlement"meaningless and Ta Tipene speaks gravely of theimplications for Ngai Tahu and all other iwi entering intosettlements with the Crown.

"In my view the Crown is absolutely in breach of itscontractual obligations arising from the settlement - ittells you that having any faith in a contractual agreementwith the New Zealand State is a fundamental mistakefor Maori. No matter how much you contract with theCrown, almost by definition the state will never honourits agreements. You must be in a state of constantpreparedness to defend.

Current claims to Ngai Tahu territory being madeby the group known as "Ngati Apa on the West Coast"are central to the dispute. Ta Tipene questions theidentity of this group, who he claims are predominantlyNgai Tahu and furthermore "are people who were activeparticipants right through the Waitangi Tribunalprocesses and active participants in Ngai Tahu hui andlife".

He is sympathetic to such identity confusion andacknowledges the close historical relationship betweenNgai Tahu and Ngati Apa (and the otherTe Tau Ihu tribes)but he is adamant that these tribes have no right to standas mana whenua within the Ngai Tahu takiwa. "There is

Trevor Howse, the manwho helped prepare thecase that establishedexactly where the Ngai Tahuboundaries are as confirmedin the Te ROnanga 0 NgaiTahu Act 1996, is confidentthat the boundaries them­selves won't be changed.Trevor laments the fact thatsome off the cuff comments of Chief Justice Sian Elias'sin the first Ngati Apa case has raised doubts in somepeople's minds about whether Ngai Tahu enjoys thebenefit of being the only iwi to have rights guaranteed

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Fisheries AllocationWhere is it at?

In the RaumatiiSummer 1999 issue of te Karaka anarticle entitled "Whose Fish Are They Anyway?" provideda background to the Maori fisheries debate. Two yearslater, the division of the fisheries assets between iwi hasstill not occurred, leading us to ask why not, and whetherit is ever going to happen.

Some progress has been made in this period,although it has tended to be of the "two steps forward,one step back" variety. Throughout 2000, the TreatyTribes Coalition (see box) worked hard on focusingpolitical attention on the issues, reasoning that the onlyway to overcome the incredibly litigious environmentsurrounding the allocation question was for Parliamentto legislate a final allocation model. Treaty Tribescommissioned research on the economic cost of thefailure to allocate (see Economic Implications of theFisheries Assets, e.17, NZIER, April 2000) and presentedthe findings around the country.

Frustrated by the lack of progress, Treaty Tribestook matters into their own hands and had a bill draftedwhich would achieve allocation of the pre-settlementassets (PRESA) according to the 1998 OptimumAllocation Model, which had attracted the support of 76%of iwi, representing 63% of the Maori population. Morethan 30 iwi joined Treaty Tribes on September 19, 2000in presenting the draft bill to Parliament, calling that"enough is enough". The bill was subsequently enteredinto the private members' ballot by the Hon. Doug Kiddand the Hon. Ken Shirley (both of whom had a hand inthe 1992 settlement). Without Government support,however, the bill has still not found a place on thelegislative agenda.

The Government was initially dismissive of theTreaty Tribes call, arguing that it had done its bit byappointing new Commissioners to Te Ohu Kai Moana(TOKM - the Treaty of Waitangi Fisheries Commission)in August 2000. Unfortunately, the new make-up of theCommission seemed to owe more to the delicatebalance of interests within the Government's Maoricaucus than the demands of overseeing a multi-milliondollar fishing enterprise or resolVing the thorny allocationdebate. Unashamedly pro-allocation and pro-treatyrights Commissioners Ta Tipene O'Regan andWhaimutu Dewes (Ngati Porou, Te Arawa) lost theirseats in favour of nominees of Urban Maori Authorities,with Shane Jones (Te Aupouri), who openly advocates

in favour of retention of the fisheries assets in centralisedmanagement, taking over from Ta Tipene as Chairman.

In January 2001 we saw the fjrst encouraging signthat the Government was taking the issue seriously, withthe Prime Minister making a commitment to theKaiwhakahaere of Te ROnanga 0 Ngai Tahu and otherrepresentatives of Treaty Tribes that allocation wouldoccur before the next election. At the same time,Government and TOKM officials began acknowledgingthat legislation would be required to the put the issue torest.

The next speed bump on the road to allocationcame in May 2001 with the need to return to the PrivyCouncil in London to respond to the appeal by UrbanMaori Authorities and others against the ruling of theNew Zealand courts that allocation must be to iwi andthat "iwi" means traditional Maori tribe, rather than anymore recent grouping. At the conclusion of this costlyand wasteful exercise, the findings of the New Zealandcourts were strongly supported by the Law Lords, withthe judgement exhorting all involved to find a better wayof resolving the allocation issue than through the courts,noting that treaty issues are "more a matter for statesmenthan lawyers".

Just as the dust began to settle on that battle, theMaori Affairs Select Committee of Parliament (Chairedby John Tamihere, a long-standing and outspokenadvocate for urban Maori) announced its intention toconduct an inquiry into the affairs of TOKM and thecontinuing allocation row. This inquiry, which seems likely

Treaty Tribes Coalition

The Treaty Tribes Coalition was formed in1994 to represent. the interests of iwiseeking to secure the allocation of fisheriesassets held by TOKM according to manawhenua, mana moana. Ngai Tahu is oneof its five shareholders, with the others .being Ngati Kahungunu Iwi Incorporated,Hauraki Maori Trust Board (representingthe 12 iwi of· Hauraki) Ngai Tamanuhiri

.Whanui Trust and Ngati TamaManawhenua ki te Tau Ihu Trust.

to continue well into 2002, appears to pick up oldcriticisms of the level of Commissioners' fees andarguments that TOKM's system of leasing the quota itholds to iwi o'n an annual basis has advantaged someiwi, i.e., coastal tribes, over other, inland, iwi. As TreatyTribes has pointed out to the Prime Minister, this initiativeseems to have more to do with the personal agendas ofmembers of the select committee than furthering theGovernment's commitment to see allocation happen thisyear.

The new appointees to TOKM continued with theirwork and, late last year, announced their intention tocommence yet another consultation round on the issue.In a break with the Commission's past practice, thisconsultation was, for the first time, to look at the questionof the allocation of the post-settlement assets (POSA)as well as PRESA. As some commentators pointed out,either TOKM was supremely confident in its hope thatboth PRESA and POSA could be dealt with in less than12 months in a way that had not proved possible withPRESA alone in the previous 12 years, or this was acynical ploy by those with their own agenda to make thewhole problem too complex to be resolved at all.

TOKM's consultation document He Anga Mua - APath Ahead released in December 2001 certainly didnot bring a lot of clarity to the issues. He Anga Muacontains proposals for four different allocation models,all of which, to a greater or lesser extent, include anoption of leaving assets in centralised management,rather than transferring their ownership to iwi. This cameas a surprise to some - after more than a decade ofdebate over allocation, no one had ever made a call forcentralised management to continue indefinitely. On thecontrary, at a hui taumata called by Treaty Tribes inNovember 2000 representatives of nearly half of the iwiin the country voted for allocation of all of the assets toiwi, stating that iwi "would not entertain" the retention ofany assets in centralised control.

So, as consultation hui have been held throughoutthe country in past weeks, Treaty Tribes has called foriwi to come together and rise to the challenge of theirown calls for tino rangatiratanga by finding their ownsolution to the allocation puzzle. It has been said that afailure to do so will not only be likely to result in themajority of the assets being retained in centralisedmanagement, but - more importantly - will leave all iwito deal with the legacy of division, disagreement andinability to put aside self-interest to work together touphold the importance of treaty rights.

To date this call has met with mixed results. Someiwi seem to be treating the consultation round as anopportunity to make an "opening bid" by taking extremepositions in the expectation that the result of the processwill be a compromise between these positions.

na Justine Inns raua ko Anake Goodall

Lease Round Inequities

Some individuals, who purport to representvarious "Maori interests", have beenalleging that Ngai Tahu, Ngati Kahungunuand other tribes have benefited improperlyfrom the annual quota lease rounds. Theclearly stated allegation is that these iwihave enjoyed the benefits of bias on thepart of the then Chairman, Ta TipeneO'Regan, and the Chief Executive Officer,Robin Hapi. The extension of this argumentis that those iwi should be penalised in thefinal allocation process, so as tocompensate iwi who "missed out".

The Commission has conducted its ownindependent inquiry into these allegationsand has concluded that there are noinjustices to answer. Accordingly, it has notfactored these allegations into its proposedallocation models. This view is reflectedclearly in the Commission's ownconsultation material and detailedexplanations have been given to those whohave raised these issues at the consultationhui.

Further, a very detailed analysis of the leaserounds undertaken by the Commission aspart of its response to the Maori AffairsSelect Committee inquiry into variousallocation-related issues confirms that thereare no allegations to answer.

All this weight of evidence notwithstanding,the allegations continue to be made. Theyappear to be nothing more than anothercynical attempt at justifying proposals todispossess Ngai Tahu and other iwi of theirTreaty-guaranteed property rights infisheries.

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Kahuru IAutumn 2002 TE KARAKA 15

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Commission (Te Ohu Kai Moana), and they are intendedto be distributed to Maori. Altogether the value of theassets held by the commission that could potentially beallocated is at least $660 million, and could be muchhigher, depending on the valuations placed on the quota.

The lost opportunity from the delay in allocationfalls unevenly across iwi. In October 2001 Ngai Tahuasked the Institute for an estimate of the impact on italone under a number of scenarios.

One well-discussed option for allocating quota iscalled the Optimum Allocation Model. Inshore quotawould be allocated in proportion to coastline anddeepwater quota would be allocated half in proportionto coastline and half in proportion to population. If it wereadopted for PRESA only, Ngai Tahu would be better offthan at present by $4 million per annum. If it wereadopted for both PRESA and POSA, Ngai Tahu wouldbe better off by $5 million per annum.

At the other extreme, if all of the quota were retainedand fished by the commission, Ngai Tahu's fishingbusiness would be reduced to abalone and lobster only.Ngai Tahu would be worse off by $7 million per annumfrom the loss of this business.

The commission is now looking to settle the issue.It has released a discussion document, He Anga Mua,which describes the settlements and provides fourmodels for iwi consideration.

Te POtahi is the Optimum Allocation Model appliedto PRESA with the commission retaining POSA. TePataka is central retention of PRESA and POSA. TeMana Orite is similar to Te POtahi but transfers MoanaPacific Fisheries Ltd to POSA in return for cash. TeTohatoha is full allocation of PRESA and POSA.

There are a number of economic issues that arise,including economies of scale and cooperatives.

Economies of scale are achieved when the totalcost of an operation increases less than proportionatelywith increased volume. Larger operations require lessthan proportionate inputs of capital, maintenance orlabour. But, on the other hand, as firms become largerthey develop disproportionately high overhead costs.More specialisation occurs and more co-ordination isrequired. Extra layers of management are created.When these costs are considered too, there is anoptimum scale where the operational economies havebeen largely achieved and the growth in overheads startsto outweigh them.

There is nothing to suggest that the optimum scaleis achieved with all commission-held deepwater quotabeing fished by one company. It would be better for thefisheries assets to be allocated and then iwi can decidethemselves whether to use them, or to sell them and

FOllowing the 1989 interim settlement of the Treaty ofWaitangi Fisheries Claim a large collection of assets wastransferred to the Maori Fisheries Commission, as it wasthen known, to be held in trust until they were allocatedto iwi. These initial settlement assets, known as pre­settlement assets (PRESA), comprised 10% of thequota, a shareholding in Moana Pacific Fisheries Ltdand cash. Despite efforts by many parties to reachconsensus on a method of allocating them to individualiwi, over 10 years later they have still not been allocated.

The delay in allocation is costing Maori dearly.There are several causes of this loss. Firstly, over theseintervening years quota has been available to iwi throughannual lease rounds. The availability of this quota onlyon a short-term annual basis prevents iwi fromestablishing their own potentially lucrative fishingbusinesses. The uncertainty of the outcome of the leaserounds each year means that there is too much risk foriwi to invest in fishing vessels and processing plant, andto recruit staff on a permanent basis. Maori fishingbusinesses are therefore less profitable than they wouldbe were the quota owned by iwi.

Secondly, some iwi do not have the size to use theleased quota effectively and so they sublease it. Whenthey sub-lease annually they earn lower rents than ifthey owned the quota and could lease it on a long-termbasis.

Thirdly, some iwi may not have the scope for usingthe quota effectively. If they owned the quota, they couldsell it and invest the proceeds in some other activity.This other activity could be commercial and could providea higher return than fishing. Alternatively, the otheractivity could be social, and there could be a greaterreturn to iwi from investment in social programmes toimprove health and education than an investment infishing.

Finally, while the assets remain under centralcontrol iwi incur high expenses in annual negotiationswith the commission and with sublessees. There arealso high negotiation and litigation costs over allocation.

In a report to the Treaty Tribes Coalition in April2000 the New Zealand Institute for Economic Researchestablished the costs of delaying the allocation of thePRESA quota in the range of $6-14 million per annum.These costs would be avoided by allocation andrepresent a significant erosion of iwi wealth.

In 1992 the final settlement of the Treaty of WaitangiFisheries Claim was made with the Government. Itcomprised shares in Sealord, further quota and morecash. These assets are known as the post-settlementassets (POSA). They are also held by the commission,which was renamed the Treaty of Waitangi Fisheries

na John Beckett,New Zealand Institute of Economic Research

Economic Implicationsof the Fisheries Assets

TOKM releases a consultation document, He Anga Mua - A Path Ahead, containing four different allocation models.This is the first time TOKM has consulted over POSA.

The Prime Minister makes a commitment to Treaty Tribes representatives that allocation will occur before the 2002election.

Fisheries Allocation Time-line

1993 TOKMI issues its first consultation document and iwi give their views on allocation.

1992 The Waitangi Tribunal decision on the Ngai Tahu Claim finds that the iwi had an exclusive right to inshore fisheries andan exclusive development right to a reasonable share of deepwater fisheries within the Exclusive Economic Zone.

The Deed of Settlement (the "Sealord Deal") finally settles all Maori commercial fisheries claims and is enshrined inThe Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. The post-settlement assets (POSA) are to be heldin trust by a reconstituted Commission, known as the Treaty oT Waitangi Fisheries CommissionlTe Ohu Kai Moana(TOKM), pending allocation to iwi.

1990·92 PRESA managed by the Maori Fisheries Commission, but no assets transfer to Maori ownership.

The Government introduces the Quota Management System which cuts across Maori fisheries claims. Maori gain aHigh Court injunction halting the process and a period of negotiations begins between Maori and the Crown.

1988 The Muriwhenua decision finds the treaty guaranteed Maori the full, exclusive and undisturbed possession of theirfisheries for so long as they wished to keep them.

1989 Negotiations result in an interim settlement through the Maori Fisheries Act and the establishment of the Maori FisheriesCommission as it was then known, to hold pre-settlement assets (PRESA) on behalf of Maori while developing an assetallocation scheme.

1985 Parliament passes legislation enabling the Waitangi Tribunal to consider Treaty of Waitangi claims dating back t01840.

1986 Muriwhenua and Ngai Tahu lodge fisheries claims.

1994 Consultation continues with another document being issued.

The Treaty Tribes Coalition is formed to represent the interests of iwi seeking to secure allocation of fisheries assetsheld by TOKM.

1995 Urban Maori Authorities take High Court action to challenge allocation of assets to iwi only.

The majority of iwi (76%) reach agreement on the Optimum Allocation Model (OAM) for the allocation of PRESA assets.This model was developed by iwi through a five-year (1993-1998) consultation process conducted by TOKM.

1999 A High Court injunction prevents TOKM recommending the OAM to the Minister of Fisheries for implementation.

The Court of Appeal upholds the High Court ruling on allocation to iwi only. An appeal is lodged with the Privy Council.

2000 The Treaty Tribes Coalition calls for legislation to give effect to the OAM.

High Court proceedings on allegations of bias against TOKM await the Privy Council case.

The Privy Council dismisses the longstanding claim by Urban Maori Authorities that they are entitled to a'Share ofPRESA.

1996 TOKM begins to develop policies to ensure iwi have mandates to receive allocation and structures to manage assetswith accountability.

1997 The Privy Council sends the question of whether allocation must be to iwi, and whether "iwi" means only traditionaltribes, back to the New Zealand High Court.

Further High Court action is lodged by a group of individuals, alleging that the commission is biased and has not givenadequate consideration to social and economic factors or to ensuring that the benefits of allocation would be enjoyedby all Maori.

1998 The High Court rules that the allocation of assets shoUld be to iwi, and that "iwi" means traditional tribes. An appeal istaken to the Court of Appeal.

2002 TOKM undertakes a series of 20 consultation hui around the country receiving submissions on He Anga Mua.

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Name the six flavours of seafood soupin the new House of Tahu range and bein to win a sample of the bluff oyster ormussel and parsley. Send your entriesto:Soup Competition, te Karaka, PO Box13-046, Christchurch

supermarket chain, while the whole team spent timeresearching what is currently out there in themarketplace. Their costs were offset by funding fromTrade New Zealand who are very supportive of thecompany and its business activities.

The Ngai Tahu Seafood Group is one of NewZealand's top seafood companies and is a majorexporter of lobster, abalone and orange roughy. Thecompany employs over 80 staff, contracts over 100South Island-based fishers and has over $35 millioninvested in the South Island. In 2001 the companygenerated a surplus of $9.1 million.

Ngai Tahu Seafood has an international reputationfor the quality of its products which is something itsemployees pride themselves on - from when the netsmeet the water to the final delivery they work hard toensure the best end result for their customers and ineverything they do respect is their starting point.

In the Te Pataka model for Maori fishing the co­operative would carry out the fishing, not theshareholders. The co-operative would be no more thana single Maori-owned fishing company with iwi beingthe shareholders. As iwi would not be suppliers, it wouldnot be analogous to co-operatives in the other primaryindustries and would not deliver the same benefits.

These are two issues that are important toconsideration of the models put forward in the discussiondocument. They indicate the desirability of allocating thefishing assets. Allocation will allow them to be used moreeffectively, or sold for investment in alternative assetswhere iwi have better opportunities before them. It willalso avoid continuing costs of negotiation and litigationwhile debate continues over the method of allocation.The best use of these assets would be achieved byindividual iwi taking the decisions themselves, rather thanrelying on a centralised approach.

parsley soup. The criteria for the competition includedthe eating experience, uniqueness, nutrition andpackaging. Ngai Tahu Seafoods is also a finalist in theFood and Beverage category of the Trade New ZealandExport Awards to be announced in Auckland in May.

Ngai Tahu Seafood is looking to the US as apotentially strong market for their produce. As fromOctober 2002, Ngai Tahu Seafood will have access totuakilcockles, which are popular with Americans. It ishoped that over the 2002/03 season they will sell 150tonnes on the US market which is a challenging target.While at the seafood show invitations were extended toa number of potential clients to visit their stand andsample their wares.

General Manager Gavin Holley says, "The BostonSeafood Show was a great opportunity for us to show tothe world the high quality product that we have to offer".

"Since September 11 the US market has gone softand there have been some issues with freighting andincreased insurance premiums. The show gave us anopportunity to establish new contacts and cementexisting relationships. Our attendance also showscommitment to key buyers who expect us to be there,particularly when they need to show our quality productoff to their own customers."

Preparation for Boston was time-consuming andexpensive. However, the team of five, four staff and onedirector, made the most of their time. Two of the teamtransited through Fiji for meetings with a new businesspartner and attended the Natural Foods convention inAnaheim, meeting with Whole Foods, the US natural

allow other fishing companies to capture the economiesof scale, or to form joint ventures to capture them. Costsshould be the driving force for collective operation - nota desire for collective ownership.

Secondly, Te Pataka envisages an iwi co-operativestructure for PRESA. All PRESA assets would be placedin a company established as an iwi co-operative. Sharesin the co-operative would be distributed to iwi on thebasis of coastline and population. This co-operativestructure, however, misses an essential feature of theco-operatives in the dairy and other primary industries,in which shareholders supply the co-operative and holdshares in proportion to supply.

In the dairy industry, for example, farmers supplymilk to their co-operatives and hold shares in the co­operatives in proportion to their milk supply. Thisarrangement gives them control over downstreamprocessing and marketing of their milk.

Ngai Tahu Seafood on Display

Ngai Tahu Seafood (formerly Ngai Tahu Fisheries)recently attended the Boston Seafood Show, launchingtheir new corporate profile onto the global market andexhibiting the latest of their export quality produce.Among the produce on display were two of their newrange of soups: mussel & parsley and clam (tuakilcockle). The tuaki/cockle has significant potential overtime in the US, along with fresh-chilled Fijian deep-seasnapper. While at the show they shared their stand withHi Tech Foods, Graeme Kitson's (Ngai Tahu) wasabisauce company and Leigh Fisheries, a leading NewZealand chilled fish exporter.

Always looking for the potential for growth anddevelopment, Ngai Tahu Seafood is currently in the finalstages of the development of a range of soups: gourmetscallop & vegetable, lobster bisque, premium abalone,savoury clam, mussel & parsley and bluff oyster. Thesoups have been an in-house development inconjunction with Hi Tech Foods, who have provided thefacilities and their roux-based recipe. The soups haveall been developed by an experienced chef (from TOhoe)and throughout their development each one has gonethrough a rigorous taste-testing process before beingput to a panel of specialist European and Asian seafoodchefs. The soups are expected to maximise the returnon the quota by fully utilising all produce. The first twosoups, the bluff oyster and the mussel &parsley will hitthe New Zealand market in April.

A highlight of the Boston Seafood Show was to beselected in the top five, in the new product category atthe internationally prestigious event with the mussel &

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J:m-aoc:z»~c:

Pani (Taiaroa)Kitty Marema (Parata, Christie)McGregorMerehana (Parata)Umurau (Russell?)Maria (Miss)Te Koara (Harper)Hana (Parata, Kihau)Georgina (Harper)Puhi Carlotta (Pene)Margaret (Russell?)HenryIris (Miss)Maaki (Harper)Varviers Tini Weepu (Taiaroa?)Rima (Taiaroa)WilHamHikiJohnPipiriki (Karetai)Ranui (Miss)Robert TahuTe Pura 0 Te RangiEdwardLeslieMaraRangiRima (Miss)Rona (Miss)VivianHohepaHori KereiJohn RichardTurumaka or Korako

HelloAfter reading through your website I would love to know more about your tradition and culture which isvery different from mine. I would also like to be directed to someone interested in being my email pal. I ama female aged 29 from Papua New Guinea. I can be contacted on the following email address:[email protected] you for your help.

BurnsClimieHarperHarperMaakaParataRobertsonTopiCampbellCampbellClarkCrustCrustDuffEnnisFraerHarperKaretaiMaataMcTainshParataParataParataRussellRussellRussellRussellRussellRussellRussellTaiaroaTaiaroaTaiaroaTaiaroa

Waitutu IncorporationThe Waitutu Incorporation administers 23 land blocksin Western Southland and is endeavouring to contactshareholders whose addresses are unknown.TheIncorporation would be grateful for any information thatwould enable contact to be made with these people, orin the event they are deceased, their next of kin. If youhave any information on any of these people, pleasecontact: Leonie Gale, Waitutu Incorporation, 35ARussell Road, Napier, phone (06) 843 9606 or email:[email protected]

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Tomato Mussels with a touch of ginger, chilli andgarlic ...

Wellington-based reggae band Rainbow Countrygot together in 1998. The band is made up ofvocalist Perry Harper Osborne (Ngai Tahu), CalvinOrmsby (vocals, gUitar), Tuma Tokona (Drums),Ants Smith (Bass) and Matt Tui (Percussion). Theband is currently recording an album that will comeout later this year. They compose their own musicusing driving bass lines, catchy melodies and strongvocal harmonies. They play at a number of livevenues around Wellington and further afield. Uyoare interested in finding out more about the bandplease contact Deborah Osborne on 06 372 4010or PO Box 776, Masterton.

Rainbow Country

12-15 fresh musselsA couple of glugs of oil1 tablespoon of crushed garlic1 tablespoon of fresh ginger (finely chopped)1 finely chopped onion1/2 a fresh chilli (if you're that way inclined)1 heaped teaspoon ground coriander1 teaspoon of ground cumin1 tin of tomatoes1/2 a cup of wine or waterSalt and pepper

Method:Place the oil, garlic, ginger, chilli, coriander and cumin intoa large pan and saute until the onion is clear. Add thetomatoes and simmer over a moderate heat for about 10minutes.

While the sauCe is cooking, scrub and de-beard themussels. Add the mussels to the sauce, along With the 1/2cup of wine or water, salt and pepper, cover and simmer forabout four minutes.

Check to see that mussels are cooked - if the shellsare open they're done, if not leave it a little longer. Discardany unopened mussels.

Serve with pasta. green salad and crusty fresh bread.

He Panui

After a long search, Dr Robin Pratt hasbeen appointed as Ngai Tahu HoldingsCorporation Chief Executive. Robintook up the position in early Februaryhaving spent two and a half years withthe New Zealand Blood Service.

Kuao Langsbury, the Chair ofNgai Tahu Holdings Corporation Boardsays: "We are delighted with theappointment of Dr Pratt. We are certainthat he will bring a valuable level of expertise and strategicmanagement experience to this position."

Robin is a graduate of Otago University, a Fellow ofthe Royal College of Pathologists of Australasia and hasan MBA from Auckland University.

Te ROnanga 0 Ngai Tahu acknowledges the efforts ofacting Chief Executive Graham Sinclair over the past year.

Health and SafetyFeedbackMy name is Gerard Jackson. I am amember of Katl Huirapa ROnaka KiPUketeraki.

I am currently working on thedevelopment of an effective healthand safety system for Maori and wouldlike to gather feedback from any NgaiTahu hapO, iwi or rOnanga who haveeither had difficulty with the Health andSafety in Employment Act, or areconsidering applying to ACC for aWSMP Safety discount.

I can be contacted by email:[email protected] by ringingme on 025 241 8480.My profile can be downloaded frommy website at www.qhse.co.nz.

J:m-0oCz»3:c:

> New Chief Executive for,S; Ngai Tahu Holdings" Corporation

~:I:m--I-...

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na Moana Tipa~---~

~

The end of an era?There was a certain warmth and familiarity in the visitof Queen Elizabeth and her husband Prince Phillip toRehua Marae in Christchurch in February. There wasno pomp or splendour, in fact we were pretty much thereas ourselves: southern Maori from all fronts, manatangata of Ngai TOahuriri, Ngai Tahu, iwi matawaka,European and whanau alike. Tribal leaders, politicians,clergy and a smattering of the new cultural corporatestood alongside the very old, the old and the middle­aged who represent the generations whose psycheswere infused with Britain's Royal Family. Meanwhiletamariki from the local kura kaupapa Maori breathedtheir fresh take on old traditions into the event. Not abeat was missed. Corporate battles and differenceswere momentarily set aside, garden party hats weredonned, royalists waved small hand-held flags and thekawa and tikanga of the day were upheld. Royalty wasin town.

As the couple walked across the paepae towardsTe Whatumanawa-Maoritanga-o-Rehua Marae, a worldaway from the culture they represent, there was a senseof a presence and a particular countenance adhered toand practised diligently over a lifetime. And duly, afterthe protocols of the marae were fulfilled on her behalfby Maori Government MPs, we heard from thatunmistakeable voice, that she knew of the vision of NgaiTahu to build their future, of the need to strengthenrelationship between Maori and the Crown, and that inher mind there were no simple solutions - and on theymingled and chatted, as they do, with the ease of close,respected relations living a world away.

However, a poignant and unexpected momentrevealed itself in the closing minutes of their visit whenkaikaranga (ceremonial callers) commenced their callsof farewell. A number of kuia and pakeke simultaneouslybroke into "Po ata rau" ("Now is the Hour") and withinseconds several hundred voices quietly entered thewaiata in a myriad of harmonies.

The moment revealed something of vulnerability,an uncertainty of the future of the monarchy as we'vecome to know it in the reign of Queen Elizabeth II. Somewould say that we had not realised until this visit thatshe has been some partof the glue that has heldthis nation togetherthrough the treaty set inplace by her great-great­grandmother, Victoria.Some would also saywhile there is a monarchthere is a treaty. Analtogether curiousmoment - possibly oneof completion, of closureand the end of an era ofthe monarchy as we Nga taonga presented to her Majesty,know it. created by Ngai Tahu artists,

Areta Wilkinson and Ranui Ngarimu22 TE KARAKA Kahuru I Autumn 2002

\~110

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Page 15: -co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai Ka titiro ki nga tomairangi E heke iho ki runga Te Upoko 0 Tahumata Tau ana ki te

na Moana TipaThe end of an era?There was a certain warmth and familiarity in the visitof Queen Elizabeth and her husband Prince Phillip toRehua Marae in Christchurch in February. There wasno pomp or splendour, in fact we were pretty much thereas ourselves: southern Maori from all fronts, manatangata of Ngai TOahuriri, Ngai Tahu, iwi matawaka,European and whanau alike. Tribal leaders, politicians,clergy and a smattering of the new cultural corporatestood alongside the very old, the old and the middle­aged who represent the generations whose psycheswere infused with Britain's Royal Family_ Meanwhiletamariki from the local kura kaupapa Maori breathedtheir fresh take on old traditions into the event. Not abeat was missed. Corporate battles and differenceswere momentarily set aside, garden party hats weredonned, royalists waved small hand-held flags and thekawa and tikanga of the day were upheld. Royalty wasin town.

As the couple walked across the paepae towardsTe Whatumanawa-Maoritanga-o-Rehua Marae, a worldaway from the culture they represent, there was a senseof a presence and a particular countenance adhered toand practised diligently over a lifetime. And duly, afterthe protocols of the marae were fulfilled on her behalfby Maori Government MPs, we heard from thatunmistakeable voice, that she knew of the vision of NgaiTahu to build their future, of the need to strengthenrelationship between Maori and the Crown, and that inher mind there were no simple solutions - and on theymingled and chatted, as they do, with the ease of close,respected relations living a world away.

However, a poignant and unexpected momentrevealed itself in the closing minutes of their visit whenkaikaranga (ceremonial callers) commenced their callsof farewell. A number of kuia and pakeke simultaneouslybroke into "Po ata rau" ("Now is the Hour") and withinseconds several hundred voices quietly entered thewaiata in a myriad of harmonies.

The moment revealed something of vulnerability,an uncertainty of the future of the monarchy as we'vecome to know it in the reign of Queen Elizabeth II. Somewould say that we had not realised until this visit thatshe has been some partof the glue that has heldthis nation togetherthrough the treaty set inplace by her great-great­grandmother, Victoria.Some would also saywhile there is a monarchthere is a treaty. Analtogether curiousmoment - possibly oneof completion, of closureand the end of an era ofthe monarchy as we Nga taonga presented to her Majesty,know it. created by Ngai Tahu artists,

Areta Wilkinson and Ranui Ngarimu22 TE KARAKA Kahuru I Autumn 2002

-f:::I:mocmmz..en<-en-

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Page 16: -co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai Ka titiro ki nga tomairangi E heke iho ki runga Te Upoko 0 Tahumata Tau ana ki te

Hikoi Maumaharato Italy and Egypt

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"o-3:»c3:»:c»JJ»-Io-~r-<»zcmG>-<-0-I

L-r: Rona Amoamo, WeihanaAmoamo, Ariana Rehu.

Florence, Italy

battalion's role in the liberation of their town. For thesepeople, the morehu are symbols of peace, freedom andfraternity. A visit to the Scoula Media (Middle School)reinforced this message. Complete with school orchestrathe children performed a concert for the group that evenincluded a wonderful rendition of "God Defend NewZealand". Each Anzac Day these children place poppieson the graves of the allied soldiers. Fifty-seven yearson the children are still very aware of the significance ofthe Maori Battalion's role in their freedom.

Over 17 days in Italy the group visited seven urupa- all of them beautifully kept in true Italian style, areassuring sight to see that friends and loved ones areat rest in such peaceful and beautiful surroundings. Ifthere is one message that morehu Fred Preece wishesto pass on as a result of these visits it is, "don't let ithappen again".

There were many excursions to be enjoyed duringthe visit, including trips to the island of Capri, the Vatican,the island of Burano, home of Italy's finest lace makers,dining at a traditional Tuscan villa, not to mentiontravelling the canals of Venice by gondola while beingserenaded by gondoliers. One of the highlights was theTuscan vineyard and the opportunity to sample the wineand food after a guided tour of the 1OOO-year-old winery.

cont. over page

on board the bus that was to become home for the next17 days.

The first and perhaps most important urupa visit inItaly was to Cassino, where the Maori Battalion lost 300men. In total 20,000 Allied soldiers lost their lives in whatperhaps should more appropriately be called a massacrethan a battle. We then visited the railway station wherea memorial plaque was placed on the 50th anniversaryof the battle to honour all those who had lost their lives.Tom Worrall and Fred Preece have very vivid andemotional recollections of the gruesome battle that killedso many of their comrades. In the words of Fred, "it wasa dreadful waste". After lunch the ropO headed up thehill to the German urupa where 20,700 young men laysix to a grave - three names on each side of theheadstone. For the morehu it was a time of resolutionand forgiveness. For the caretaker of the urupa and abusload of tourists from Hamburg it was a memorablemoment. This was the first group of non-German peopleto have visited in the 12 years the caretaker had beenthere.

The next day another visit to Cassino this time tovisit the magnificent Monte Cassino Monastery on thehill that the Germans had occupied. The monastery,which has been destroyed four times throughout historybut is once more restored to its original glory, is still hometo the Benedictine monks - and these days thousandsof tourists. One can't help but be overwhelmed by itsbeauty, history and absolutely stunning architecture. Thepowerful and unbeatable position of the Germans duringthe fateful battle meant the allies never stood a chance.

What was astounding on the journey through Italywas the heroes' welcome that greeted the morehu ­police escorts, civic receptions and mayoral welcomes.Many people still remember the "brown-skinned NewZealanders" who were "good soldiers and lovely people".In Faenza the ropO were escorted to the urupa by thelocal police and welcomed by more than 100 localsincluding the Mayor, who expressed his gratitude for the

On October 2,2001 a 51-strong hikoi was farewelledat Tuahiwi Marae before boarding a flight to Singaporeen route to Italy and Egypt. Two years in the planning,the hikoi was a logistical challenge for the small team ofdedicated whanau members who spent their every sparemoment raising funds and making plans to turn theirdream into a reality.

Among the group were eight morehu, all of whomhad spent time with the 28th Maori Battalion D Companyduring the war - young men who should have beenenjoying their youth - some eager to sample theadventure of war, others offered no choice. Regardlessof how they got there very few imagined that they ortheir comrades would ever be injured or killed.

L-r; Tahu Hopkinson, Tom Worrall, Charles Bell, Don Barr~tt,Stud Peneamena, Henry Norton, Fred Preece, John Carroll.

Very few if any of the hikoi were really prepared forwhat was to be an emotionally draining yet catharticexperience. For the morehu it was a chance to visit thefriends and whanau they had left behind. It was also atime of reminiscing - both the good times and the bad.These eight men had so much to share - their memoriesas vivid as if it was yesterday. For Pani Ruwhiu andCarol Tauwhare it was an opportunity to visit their fatherwho was killed in EI Alamein. Pani was only two whenshe said goodbye to him for the last time. Sisters MamaeEarle and Gloriana Hills also made the journey to visittheir father who also lies at EI Alamein.

The youngest member of the hikoi was six-year­old Tahu Potiki Stanley. Tahu Potiki is the mokopuna ofmorehu, Tahu Hopkinson and was one of nine Hopkinsonwhanau members making the journey - Tahu, his wifeJoy, daughters Gaye and Gloria, brother Sam, son-in­law Wayne, nephew Robert and mokopuna Nathan andTahu Potiki. This was Tahu's first trip back to the countrythat still haunts him and to the urupa at EI Alamein inEgypt where he was finally able to pay his respects tohis brother Billy who lies there.

After a stopover in Singapore there was a 13-hourflight to Rome which arrived at 7 a.m. A very weary anddishevelled group disembarked from the plane and got

24 T E K A R A K A K a h u r u I A u I u m n 2 0 0 2 Kahuru IAutumn 2002 TE KARAKA 25

Page 17: -co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai Ka titiro ki nga tomairangi E heke iho ki runga Te Upoko 0 Tahumata Tau ana ki te

::I:-I

"o-s::»cs::»::I:»JJ»--Io-~~»zcmG>-<-c--I

L-r: Rona Amoamo, WeihanaAmoamo, Ariana Rehu.

;:Florence, Italy

battalion's role in the liberation of their town. For thesepeople, the morehu are symbols of peace, freedom andfraternity. A visit to the Scoula Media (Middle School)reinforced this message. Complete with school orchestrathe children performed a concert for the group that evenincluded a wonderful rendition of "God Defend NewZealand". Each Anzac Day these children place poppieson the graves of the allied soldiers. Fifty-seven yearson the children are still very aware of the significance ofthe Maori Battalion's role in their freedom.

Over 17 days in Italy the group visited seven urupa- all of them beautifully kept in true Italian style, areassuring sight to see that friends and loved ones areat rest in such peaceful and beautiful surroundings. Ifthere is one message that morehu Fred Preece wishesto pass on as a result of these visits it is, "don't let ithappen again".

There were many excursions to be enjoyed duringthe visit, including trips to the island of Capri, the Vatican,the island of Burano, home of Italy's finest lace makers,dining at a traditional Tuscan villa, not to mentiontravelling the canals of Venice by gondola while beingserenaded by gondoliers. One of the highlights was theTuscan vineyard and the opportunity to sample the wineand food after a guided tour of the 1OOO-year-old winery.

cont. over page

Tom Worrall at EI Alamein

on board the bus that was to become home for the next17 days.

The first and perhaps most important urupa visit inItaly was to Cassino, where the Maori Battalion lost 300men. In total 20,000 Allied soldiers lost their lives in whatperhaps should more appropriately be called a massacrethan a battle. We then visited the railway station wherea memorial plaque was placed on the 50th anniversaryof the battle to honour all those who had lost their lives.Tom Worrall and Fred Preece have very vivid andemotional recollections of the gruesome battle that killedso many of their comrades. In the words of Fred, "it wasa dreadful waste". After lunch the ropO headed up thehill to the German urupa where 20,700 young men laysix to a grave - three names on each side of theheadstone. For the morehu it was a time of resolutionand forgiveness. For the caretaker of the urupa and abusload of tourists from Hamburg it was a memorablemoment. This was the first group of non-German peopleto have visited in the 12 years the caretaker had beenthere.

The next day another visit to Cassino this time tovisit the magnificent Monte Cassino Monastery on thehill that the Germans had occupied. The monastery,which has been destroyed four times throughout historybut is once more restored to its original glory, is still hometo the Benedictine monks - and these days thousandsof tourists. One can't help but be overwhelmed by itsbeauty, history and absolutely stunning architecture. Thepowerful and unbeatable position of the Germans duringthe fateful battle meant the allies never stood a chance.

What was astounding on the journey through Italywas the heroes' welcome that greeted the morehu ­police escorts, civic receptions and mayoral welcomes.Many people still remember the "brown-skinned NewZealanders" who were "good soldiers and lovely people".In Faenza the ropO were escorted to the urupa by thelocal police and welcomed by more than 100 localsincluding the Mayor, who expressed his gratitude for the

Hikoi Maumaharato Italy and Egypt

On October 2, 2001 a 51-strong hikoi was farewelledat Tuahiwi Marae before boarding a flight to Singaporeen route to Italy and Egypt. Two years in the planning,the hikoi was a logistical challenge for the small team ofdedicated whanau members who spent their every sparemoment raising funds and making plans to turn theirdream into a reality.

Among the group were eight morehu, all of whomhad spent time with the 28th Maori Battalion D Companyduring the war - young men who should have beenenjoying their youth - some eager to sample theadventure of war, others offered no choice. Regardlessof how they got there very few imagined that they ortheir comrades would ever be injured or killed.

L-r; Tahu Hopkinson, Tom Worrall, Charles Bell, Don Barr~tt,Stud Peneamena, Henry Norton, Fred Preece, John Carroll.

Very few if any of the hikoi were really prepared forwhat was to be an emotionally draining yet catharticexperience. For the morehu it was a chance to visit thefriends and wMnau they had left behind. It was also atime of reminiscing - both the good times and the bad.These eight men had so much to share - their memoriesas vivid as if it was yesterday. For Pani Ruwhiu andCarol Tauwhare it was an opportunity to visit their fatherwho was killed in EI Alamein. Pani was only two whenshe said goodbye to him for the last time. Sisters MamaeEarle and Gloriana Hills also made the journey to visittheir father who also lies at EI Alamein.

The youngest member of the hikoi was six-year­old Tahu Potiki Stanley. Tahu Potiki is the mokopuna ofmorehu, Tahu Hopkinson and was one of nine Hopkinsonwhanau members making the journey - Tahu, his wifeJoy, daughters Gaye and Gloria, brother Sam, son-in­law Wayne, nephew Robert and mokopuna Nathan andTahu Potiki. This was Tahu's first trip back to the countrythat still haunts him and to the urupa at EI Alamein inEgypt where he was finally able to pay his respects tohis brother Billy who lies there.

After a stopover in Singapore there was a 13-hourflight to Rome which arrived at 7 a.m. A very weary anddishevelled group disembarked from the plane and got

24 T E K A R A K A K a h u r u I Aut u m n 2 0 0 2 Kahuru IAutumn 2002 TE KARAKA 25

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-I::I:mC-CIJ»"1J"1Jm»:D-ZG)

3:o::I:C»

complexity of managing such small vulnerablepopulations. The elation for managers of the Mt Stokes'birds from producing a seemingly healthy population of90 after only a few years successful management turnedto helplessness and despair as the population of mohuaunderwent a reversal of fortune, crashing into extinction.

In the far larger Eglinton Valley around Te Anau,the mohua population also looks as if it has disappeareddue to a huge rat irruption over the 1999/00 and 2000/01summers.

As the Ngai Tahu species representative for theMohua Recovery Group, I was made aware of the sadresults of this onslaught on a recent trip to Mohua beechforest up the Dart, where we spent a week bird-banding- a technique used to help monitor the numbers andhealth of birds.

At the time of our observations (early November),most reproductive females were performing the 20-daytask of incubation. The female sits for about an hourthen usually joins the male begging food from him,fluttering her wings; often he will fly off, presumably tosome juicy titbits he has discovered. A mist net around

cont. on page 40~

Kahuru IAutumn 2002 TE KARAKA 27

The disappearing Mohuana Rosemary Clucas

Ka tangi te titiKa tangi te kakaKa tangi hoki ahau

However, with the perilous state of the kaka and manyother birds of the Te Wai Pounemu beech forest I maywonder how long I could expect to chortle so. Thesedays one has to sit quietly and wait for the melodic banterof nga tamariki 0 Tane to descend from their loftierabode. Gone are the days when the din of the forestrang out from a bewildering array of avian life. Andunfortunately this erosion of numbers is still occurring,leaving what were some of the more resistant birds witha mere toe-hold in the roost of a depleted waka.Multitudes of ship rats are the latest scourge.

Mohua, commonly known as yellow bush canaries,are small mainly insectivorous birds who during autumnand winter cruise around in gregarious feeding flocks.Their habitat is less than 25 percent of what it wasoriginally - primarily remnant areas of South Islandbeech forest. In the breeding season they form breedinggroups with the females building nests in the holes ofgenerally older trees padded with favourable materialssuch as spider webs, moss, fern etc. Their inclination tohole nesting is a major factor in their vulnerability topredators.

The high numbers of predators has been attributedto the mass flowering and seeding of beech trees(masting) which has caused large increases in micenumbers (and occasionally rats) and, as a result,increasing populations of stoats feeding on theabundance of mice. However, although they are eatingmice they are still consuming their normal diet of birds.As mice numbers are depleted due to decreasing foodsupply, the stoats switch their attention to native birds.

More recently, irruptions of rats have beenimplicated in the rapid reduction of mohua numbers.Formerly the most northerly population of mohua at MtStokes in the Nelson region became extinct by the 2000/01season. After the1998/99 season had ended with 90birds. This tragic loss is attributed to geographicalisolation from more southerly populations, skewed sexratio and the small population size, all of which madethem particularly vulnerable to an influx of rats. Ratnumbers have previously not been a concern, but it isthought that warmer winters are promoting irruptions invalleys where cold winters have limited their numbers inthe past. Stoat control for mohua protection may workwhen rat populations are very low, but in theseconditions, with high rat numbers, is not by itself effective.

There are a variety of other factors that add to the

loved ones and finally got the chance to say goodbye.This was an emotional and exhausting but healing timefor many. After several hours the group was invited bythe ambassador to lunch with him at an El Alamein ResortHotel. Having eaten and rested it was time once againto lay the ghosts to rest and pay respects to the manyGermans who had fallen in the desert. A strikingmonument pays tribute to the 4200 nameless men buriedin one large hole in the ground - such a stark contrast tothe exotic oasis of the Commonwealth urupa where eachand every soldier has their own space with a personalisedheadstone.

Upon returning to Cairo the hikoi visited one lasturupa to pay respects at the grave of the brother ofNgahuia Waaka and the namesake of Rahoi Te Amo ­North Island whanau who had made the journey.

The final night in Cairo was when the ropO beganto farewell members as they prepared for the journeyback to Aotearoa while two of the group went on toLondon and Paris. After an emotional poroporoaki, arelaxed evening was spent enjoying Egyptian food andmusic knowing that they had achieved what they hadset out to do and that the arduous journey was almostover with all members intact, tired but healthy.

The final 36 hours of the hIkoi were incrediblychallenging for this weary group of crusaders who hadbeen travelling continuously for three weeks. Flying fromCairo to Singapore we arrived at 7 a.m. and remainedthere until 9 p.m. Arriving in Christchurch to a welcomefrom friends and whanau the ropO headed to Tuahiwi forthe final poroporoaki marking the end of the hikoi.

na Adrienne Anderson

The facts: 17,000 Maori volunteered theirservices in WWII; 3500 of them joined the 2EJhMaori Battalion - 655 died, 1949 were eitherwounded or taken prisoner.

Perhaps one of the more sobering experiences ofthe hIkoi was a visit to Risiera di San Sabba, a Germanconcentration camp in Trieste where three of the morehuhad been actively involved in the clean-up during theliberation. Fifty-seven years later the sense of death andtorture remains and although it has now been completelysanitised it is easy to visualise the events of the time asdescribed by Tahu Hopkinson and Henry Norton.

The stay in Italy ended with a visit to Rome and are-ception with the NZ Ambassador at his residencebefore leaving for Egypt via Malta. The stopover in Maltawas brief - around 10 hours - but long enough to fit in aguided tour, a wander around the streets, a trip aroundthe island in a naval boat and dinner at a wonderfulancient Maltese restaurant before boarding the flight thatwould take us to Cairo.

In the early hours of the morning on MondayOctober 22 the ropO arrived in Cairo where we caughtup on some well-needed sleep before boarding a busup to Alexandria in preparation for the visit to El Alameinthe following day. The hikoi coincided with the 59th

anniversary of the second battle of EI Alamein (OperationLightfoot) .

In the searing heat of the Egyptian desert we weremet by members of the New Zealand peacekeepingforces along with the New Zealand Am-bassador toSaudi Arabia and the Middle East who made the tripfrom the Sinai es-pecially to mark the significance ofthe visit. It was almost like a mirage approaching theurupa and seeing the groups' sergeant on the horizonwearing a korowai. For many of the ropO this day wasthe most important of the hIkoi as they reunited with

Don Barrett (far right), chats with the locals.

26 TE KARAKA Kahuru I Autumn 2002

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zG>>.->:::cccm<mro"1Js:mz--I(')o::IJ"1Jo::IJ

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Kahuru IAutumn 2002 TE KARAKA 29

Above, right: (I-r ): Holly Russell, Ruapuke Parata-Ellisonand Atawhai Otewai Parata-E/lison with the mauri k6hatufound in the bush near the site of the new Huirapa whare(/Jnaka.

spherical kaihinaki in the bush near the construction site,they knew it was "right", a symbol of the rebirth of thethird house. A whakanoa ceremony was held inDecember 2000 to close the old hall before it wasdismantled and the remains were cremated near an oldrangatira cremation site. The design of the new whareevolved from the ground up, with several sets of plansput forward and changes made as the buildingprogressed.

A financial team had been active for years raisingmoney for development but they could not have achievedwhat they did without the Ngai Tahu Settlement in 1998,when the project was underwritten by the iwi. A buildingsub-committee was appointed, a building consultant washired and plans were put out to tender in December 2000.At that stage wholesale changes were made toincorporate a pitched ceiling, timber doors, rimu floorsand cedar cladding into the design. A new water systemwas installed and the sewerage system upgraded.

The new building can sleep up to 100 people, twoand a half times the capacity of the previous hall. It hasa large modern kitchen, dining room and ablution block.Work is continuing on landscaping the site anddeveloping car parks on the slope behind. "The househad to be a reflection of us, a mix of contemporary andtraditional", says John Ellison. "That message camethrough loud and clear. What I'm really proud of is thatwe did it ourselves", he says. "I think we did things prettyright."

The whare was blessed on September 23, 2001and the following month was used for both a weddingand a large tangi for Huirapa Upoko Rangi Ellison, whohad turned 100 in May and had been a pivotal linkbetween the old and new houses. Kaumatua say therOnaka went to a lot of trouble to preserve the mauri ofthe old whare and the new building has "the same feel",which confirms that all the korero and mahi was worththe effort.

photo captions:Above, left: Huirapa, the third spiritual home of Kati Huirapaki Puketeraki in 250 years.

Kati Huirapa's magnificent new whare rOnaka atPuketeraki marks a turning point, a cultural rebirth, inthe history of the rOnaka.

Huirapa, which was officially opened on September23 last year, is the third spiritual home of the rOnaka inroughly 250 years. The first was Kuramatakitaki, whichwas built somewhere about the mid-1700s on the fortifiedHuriawa peninsula at the mouth of the Waikouaiti River,and survived through until the 1840s. The second whare,Huirapa, was built on the hillside at Puketerakioverlooking Huriawa in 1873 and served the communityfor nearly 130 years, for events as diverse as Maori LandCourt sittings to meetings of the RSA and CountryWomen's Institute, social dances to tangi.

Huirapa holds a strong spiritual attachment foreveryone involved in the rOnaka today. Many grew upwithin sight of it, while they were playing or working inthe surrounding hills, and fondly remember the labourof love to maintain it. But by the late 1980s many realisedthe old community hall had outlived its servicable life.Plans were drawn up for a new whare rOnaka, but thesewere shelved because funds were not available at thetime to proceed.

The kitchen had been rebuilt a couple of times andin 1995 a new ablution block was added, but by the late1990s the rOnaka realised these improvements were notenough and reluctantly came to terms with the need toreplace the hall. The decision to dismantle Huirapa wastraumatic for many says kaumatua Te Mahana Walsh,because the hall had played such a major part in thelives of everyone from the Puketeraki and Karitane area.Many felt it should be repaired and rebuilt piece by piece,which led to plenty of spirited debate. There was alsomuch discussion as to whether to replace it with a fullycarved ceremonial whare or to maintain the multi­purpose community role of the old hall.

"We all had to review our values as to what wereally wanted", Mrs Walsh recalls

An important part of the process was to preservethe wairua and mauri of the old hall so the rOnaka wentin search of a suitable kohatu to act as the protector, orngakau, of the house. As building sub-committeeconvener John Ellison puts it: "Every good waka needsa good anchor". When several women found a large

to assist with Kaihiku at the rOnanga. As well as rOnangareceiving more "on the ground" support from NTDC staff,there will also be a greater presence from those parts ofTe ROnanga 0 Ngai Tahu corporate structure that haveskills to assist specific rOnanga projects.

Kaihiku has over 80 projects, with the majority ofprojects timed to take place over the next two to threeyears. Kaihiku is an ongoing initiative that will see NTDCworking with Papatipu ROnanga annually to gatherinformation about needs and priorities for the followingone to two years. This forward planning will help toensure that NTDC remains an organisation that isresponsive to the changing rOnanga environment.Forward planning will also help NTDC and rOnanga testthe alignment of their priorities with Ngai Tahu Vision2025.

Kaihiku is providing a fresh approach for rOnangaand NTDC with a great deal of mutual satisfaction beinggained from achieving results together.

ELO

KaihikuPapatipu ROnanga and Ngai Tahu

Development Corporation working togetherThere is a Kai Tahu pepeha that states: "Kia kakarikaihiku, kia hari kai upoko".

It's a saying that emerged when two ope fromCanterbury were going to battle at Moeraki. One grouphad eel as food but only gave the other group the eelheads (no flesh) to eat. When it came time to fight, thegroup that were only given eel heads to eat said retreat(kia hari kai upoko), and told the group that ate the tailsof the eel to fight (kia kakari kaihiku).

A modern interpretation of the pepeha is aboutresources and responsibilities.Those that have theresources also have responsibilities. The "kaihiku" arethose that are resourced. The pepeha appliesincreasingly to Papatipu ROnanga.

Kaihiku was developed by Ngai Tahu DevelopmentCorporation (NTDC) to strengthen the relationship withPapatipu ROnanga and to ensure that the needs andpriorities of Papatipu ROnanga are supported.

In August 2001 NTDC went to the rOnanga with aninformation pack about Kaihiku and askedthe rOnanga to identify their priorities for ,----------------------------,

support.Kaihiku was given a strong and

positive hearing by rOnanga, with 12rOnanga providing information initially andothers coming on board as they were able.ROnanga needs have been arranged intoprojects. Each project has been time­framed, milestones have been identified,and responsibilities allocated. Work is nowwell underway on a number of projects. Thisproject definition process is crucial to projectsuccess.

NTDC has matched the rOnangacommitment to Kaihiku by dedicating staff

to iwi, to mana; to tOraka, to mahi

28 TE KARAKA Kahuru I Autumn 2002

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planting out the Forest of the Children. The group'slong-term vision is to develop a spiritual retreat withpicnic area, playground, more seats and informationpanels explaining the history and vistas from sevenlookout points. Port Chalmers artist Simon Kaan iscurrently completing a series of paintings to illustratethese panels. Eventually the group may also considerrebuilding parts of the palisades.

Work is now well under way to carve a new tataraentrance archway to the pa. Carver James York hasrun six wanaka to revive the carving skills of peoplefrom Puketeraki, who have not carved since the lastwhare rOnaka was built there in the 1840s.Thearchway and pa is due to be officially opened in April.

summer. Some small harakeke planted out at 10-15 cmin August and September were nearly a metre high inJanuary.

Three areas on the peninsula are regenerating withharakeke, tarata and ngaio, a good source of youngseedlings. The kaitiaki are also experimenting throughtrial and error with propagation of cuttings. Much of theeffort now is in weed control and release of seedlings,spot spraying in preparation for new planting, clearing,levelling and spreading gravel on new tracks andongoing maintenance of existing ones.

The rapO has already had great feedback from thepublic, who are making increasing use of the walkingtracks, and has involved a number of school groups in

Copies are available for purchase, for details seepage 33.

Na reira, manaakitia tatou ki a tatou. Marangamai Te Ha 0 Tahupatiki!

Ka Hapara Te Ata LaunchedA concert was held at the Hui-a-Tau, at Awarua, to mark the release of Ka Hapara Te Ata, the thirdtape/CD and booklet in the Te Ha. 0 Tahup6tiki series.

Te Ha. 0 Tahup6tiki, was initiated in 1998 and is a strategy aimed at revitalising Ngai Tahucultural identity through waiata. Ka Hapara Te Ata focuses on waiata from Oraka-Aparima, Awarua,Waihapai, Hokonui, Otakou, Puketeraki, Moeraki and Kati Waewae rOnanga, who supportedNgai Tahu Development Corporation (NTDC) during the development and production of thisresource. He mihi rawa atu ki a koutou katoa ma a koutou tautoko, aroha, manaakitanga ki a

matou. . _. ,NTDC has now produc~d four cassettes with accompanYI~g booklet~ .a?ou: Ngal Tahu ~J '4

whakapapa, history and stones. Three have been part of Te Ha 0 Tahupotlkl.senes a.nd.Te l.l ,:,Akaraupa was produced specifically for children. The purpose of these tapes IS to revitalisewaiata Kai Tahu as part of a strategy to strengthen our cultural identity, Kai Tahutaka. The image ofa group of over 200 Kai Tahu standing to sing in support of Sir Tipene O'Regan at Pipitea Marae in 1998remains in the minds and hearts of many.

Three karanga by Ripeka Paraone, Puamiria Parata-Goodall and Marcia Garven begin the album followed bya karakia by Tahu Potiki.

Ka Hapara Te Ata is dedicated to Uncle Bill Solomon and the southern region of Te Waipounamu. It was feltthat as Uncle Bill passed away at Awarua, it was appropriate that the first song be a poroporoaki to a great leaderof his people. Hence the inclusion of 'Kurupounamu" sung by members of Te Ahikaaroa.

There are ten waiata in total, each with its own magic and energy. There are a variety of styles on the album,encompassing a mixture of singing and chants. To embellish the total package, permission was given by HiriniMelbourne to use sounds off his album, Te KO Te Wh€!.

The words of each waiata are written as the composer, rOnanga or whanau originally gifted them. All of thewaiata on this album have special meaning to the whanau who have contributed them. Each has a story to tell anda place in time - past, present and future.

Finally, a whakatauki has been included at theend as a symbolic closure to the album.

Enjoy these treasures! Some of these songshave only ever been sung within particular familiesand then passed on from one generation to the next- until now. We are all responsible for looking afterthese taoka.

Huriawa RoptJ Kaitiaki members Katharina Ruckstahl,Simon Kaan and John Ellison inspect the tracks and newplantings of harakeke on Huriawa peninsula.

The seaward end of Huriawa peninsula with the wakalanding beach in the foreground.

The first new plantings last winter were experimental tosee which native species could survive and thrive on acoastal headland exposed to strong salt-laden windsfrom the northeast to southerly quarters. About 800young shrubs and trees have been planted to date,including tatara, kawhai, harakeke, tarata, broadleaf,olearias, titoki, ngaio, manuka, kanuka, hinahina,lancewood, horopito and red pepper. Growth rates havebeen astonishing through a particularly wet spring and

Archaeologists who have excavated and studied Pa aTe Wera at Huriawa, or the Karitane Peninsula, as it ispopularly known, believe the pa and village complex wasthe most impressive earthwork in Araiteuru in pre­European times. They rank it alongside defended KaiTahu pa sites at Kaiapoi and three in the Kaikaura district,including Takahanga and Peketa.

Huriawa was the strongly fortified pa of the famousKai Tahu fighting chief Te Wera, who successfullydefended it against a six-month siege by his cousinTaoka. The success was thanks to a small but permanentspring within the pa walls that supplied water to thedefenders along with their foresight in having preparedfood stocks of dried fish, preserved birds and fern root.

Around the 1840s the 46-acre peninsula wasacquired by the Crown through the Public Reserves Act,partly for the construction of a lighthouse and partly for achildren's playground. Huriawa was returned to the localhapO as part of the Ngai Tahu Settlement in 1998 and isnow owned by Te ROnanga 0 Ngai Tahu. Kati Huirapa kiPuketeraki are the kaitiaki, through Huriawa RapOKaitiaki, supported by Te Papa Atawhai.

In the last nine months, Huriawa has undergone amajor transformation with the restoration of walking tracksand with long-term plans to replant native vegetation onthe grassy headland. Much has been achieved alreadywith Taskforce Green funding and the support of the localrOnaka, which has recently taken over payment for workdone - much of it by kaitiaki spokesman John Ellison.An intricate network of tracks has opened up access tomost of the headland, many following original earthworks,with one main track yet to be developed.

Existing plantings of native bush along theWaikouaiti River estuary boundary were released anddense stands of boxthorn and gorse have been cleared.

30 TE KARAKA Kahuru I Autumn 2002 Kahuru IAutumn 2002 TE KARAKA 31

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-0:IJoCCo--Io:IJCm:IJ."o:IJ3:

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Kahuru IAulumn 2002 TE KARAKA 33

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E KARAKA Kahuru I Autumn 2002

•VI--

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"Logs" type C photographic print by Neil Pardington

Kahuru IAutumn 2002 TE KARAKA 35

zG>»--~:::cc»

Fiona and Neil. Photo by Claire Kaahu White :Dreference work to it. "Now I know it's okay and I do it. Ihad the feelings about it (being southern Maori) but not --Ithe knowledge. So I tried to meet people, understandour whakapapa on an honest level, reconcile that withmy practice as a photographer."

"The meaning of the dream confirmed that withinwhakapapa you have a basic right to express. It was agreen light for me but you can't push things."

Nonetheless the heitiki images continued to pushher until the opportunity to approach the AucklandMuseum presented itself. There were seven pieces shecould work with. However, she realised that becausethe individual pieces were substantial it would be betterto work in groupings with them. They needed to staytogether as a significant family, standing shoulder toshoulder, experiencing similarities. "They're life-size, thesize of kids, that's important. I had some intenseexperiences being with them. They're the most significantwork I've ever made. There's the spiritual element, thewhakapapa and the individual works that are broughttogether through my art practice."

Another aspect of Fiona Pardington's practice wasfeatured recently at the Waikato Museum of Art andHistory. "One Night of Love" - 100 "girlie" images foundin the 1950s and 60s. It's important for her to work withand maintain the spirit in these women who were seenas sexual objects as a result of supporting children andfamilies by trading their bodies. The work addressesissues of sexual differentiation and gender roles andpresents an idea of hope that tempers the commerceand hopelessness of it.

Fiona was awarded the Frances HodgkinsFellowship in Dunedin, won the Visa Gold Art Award in1997 and has been the recipient of the Moet ChardonFellowship - the New Zealand Arts FoundationFellowship - spending a year in France.

Oblique & CompellingNgai Tahu Art

na Moana TipaThe works of two established and highly talented NgaiTahu photographers - brother and sister Neil and FionaPardington - presented oblique and nurturing imageswithin their exhibitions at the Jonathan Smart Art Gallerylast October.

Neil Pardington, an award-winning film-maker,graphic designer, exhibition designer, photographer andwriter focused his exhibition "Skylight" on the emptinessof the city. Without the presence of people in theseimages the emptiness created by man weighs heavilyin them. The artificial materials are made to look likenatural forms; the works capture an essence ofdesolation of spirit. His inspiration comes from MartinHeidegger, a German philosopher of the 1930s whobelieved that emptiness is not nothing, it simply definesan aspect of the subject.

Neil is drawn in particular to images of cities withoutpeople and the de-familiarisation of the ordinary. Peoplelike Alexander Rodchenko, a Russian photographer whoexplored industry in Russia with an architectural­industrial feel. "In a way I'm doing the reverse and askingwhat they are empty of. My works reflect how emptycities can be, as can the people within them. Thisaesthetic has a dark history and one that is pertinent tobeing Kai Tahu."

Neil believes that the influence of being Kai Tahuis oblique and is in fact what drives his work. "Havingbeen brought up Pakeha there was a great risk of takingownership of being Kai Tahu. But it can't be a passivejourney. You have to jump into the unknown and activelyseek it out. It's fantastic, but it's also scary being a studentof my own culture which is a funny place to be. Youworry about not having enough knowledge to sayanything and that's part of it."

In the end he says it's about growing up in NewZealand and capturing the things that are triggered withinhis cultural memory, and what makes the imageevocative for him. "I don't always know what that is atthe time - it might be multi-coloured mattresses, faketiles on a roof, the plastic table cloth in my work 'TePaepae 0 Raukura"'. He says it helps having his sisterengaged in the same cultural journey.

Fiona Pardington's work "Mauria mai, tono ano", aselection of compelling heitiki images, was promptedafter a series of dreams of an old family home in Bluffrevealed a female heitiki inthe earth beneath itsfloorboards. A hui at Parihakain 1994 continued to bringforward images of pounamu.She felt she needed to "betold" in this way otherwise shewould have continued to sit onher hands and withhold it forfear of not knowing enoughabout being southern Maori to

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34 TE KARAKA Kahuru I Autumn 2002

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OJoo":rJm<-m~en

She illustrates this with reference to the famous debatebetween kaumatua from different iwi on whose waka firstbrought kOmara to Aotearoa.

Munz (and Te Maire?) refer to the framework fororal traditions (for Maori - whakapapa) as "... a kind ofintellectual prison - a closed shop for thinking ... "

And this is where Te Maire in his short article in thePress (January 26, 2002) extends his argument tosuggest that Ngai Tahu, because Matauranga Maoricannot adequately handle change, should set that asidein favour of something called open knowledge and anopen culture.

Which begs the question - how does Ngai Tahumaintain, teach and grow its matauranga? As an iwi, wepurposely chose not to develop our own whare wananga,rather to work co-operatively with mainstream tertiaryinstitutions.

Hence Te Tapuae 0 Rehua. This could work if weprovide other means of maintaining a key element ofour culture - Ngai Tahu knowledge. The wananga forsuch seem to have lapsed in recent years.

Te Maire Tau is regarded by some as our enfantterrible. He is provocative, creative and a lateral thinker.He is well-trained in both Matauranga Ngai Tahu and inWestern academic thought. But above all he asks verypertinent questions particularly at this time when NgaiTahu has the rare opportunity to consider and explore arange of options regarding its future as an iwi. This latestarticle is short but contains much to consider. In particularthe hundreds of Ngai Tahu Whanui working as staff orstudents in tertiary institutions should spend an hourreading and grappling with the issues Te Maire raises.(The other articles in the collection arealso concerned with Maori since thetreaty.)

Songlines to Satellites: IndigenousCommunication in Australia, the SouthPacific and CanadaHelen Molnar and Michael Meadows(Huia Publishers 2001, $44.95)

At a time when Ngai Tahu Radio andTelevision takes on a new role and considers anew thecontribution it may make to the iwi, this book providessome useful comparative information from elsewhere.

Virtually all indigenous peoples have (eventually)been able to gain access to the various media forcommunicating with their own people. This is an accountof the policies that had to be developed and the systemsput in place to eventually provide control by suchindigenous peoples.

There are only a few sentences that makereference to Maori and the New Zealand situation. It isperhaps indicative of the particular details provided thatthe most extended discussion concerns a Maori film­maker and the issue of interviews and cultural space.

Based on this reviewer's direct personal experiencewith the Inuit Broadcasting Corporation and TelevisionNorthern Canada and the descriptions in this book, theauthors would appear to be both knowledgeable andconcerned.

What some experts believe, other experts dispute anddeny.

Aroha mai Whanau - this one could be heavy-going!Over the past year, Ngai Tahu developed first Vision

2025, then Ngai Tahu 2025.Among the more interesting of the debates that

have occurred have been those associated with havingour long-term developmental plan in both of our twolanguages - and, which words are most appropriate. Itis common place to use "Matauranga" for "Education"and that is what we have done.

One of Te Maire Tau's special interests isMatauranga Maori - much more than Maori education.In this brief, very focused and in places quite contentiousarticle, Te Maire discusses Maori knowledge - itssources, nature, structure and limitations(epistemology!).

He asserts that distinctive Maori knowledge isunder very real threat, primarily because the maincontemporary means of preserving, disseminating andexpanding such knowledge - through university Maoridepartments - is only a partial and possibly a counter­productive approach.

Trained as an historian, Te Maire questions whethertraditional Maori knowledge is well served when it issubjected to Western historical method. Amongst theevidence he marshalls is reference to oral history versusreliance on documentation, history's focus on time ­often defined quite precisely - versus whakapapa, and,especially, "... Iike everything else in Maori society, manaformed one's perception of the past, not time ..." (p. 63).

Such views parallel those of Peter Munz and so itshould be no surprise that when Ngai Tahu (through TeTapuae 0 Rehua) sponsored speakers at the December2001 New Zealand Historical Association AnnualConference at the University of Canterbury, Munz wasone of those speakers.

One of the best known New Zealand academicbattles in recent times has been between Peter Munzand Anne Salmond (see the New Zealand Journal ofHistory for the publishable comments). Interestingly,Salmond (1985) has also written about Maoriepistemologies. Her position is contrary to that of Tauand Munz in that she argues that Matauranga (Maoriknowledge) was (is?) an "open" system, i.e., it is opento considering differing views and is subject to change.

Ki etahi tohunga e pono ana, ki etahi tohunga hewhakakorekore atu ki etahi tohunga.

Book Reviewsna Donald Couch

Te Maire Tau, "Matauranga Maorias an Epistemology" inHistories, Power and Loss: Usesof the Past - A New ZealandCommentaryAndrew Sharp and Paul McHugh(eds.) 2001($39.95)

Steve Lousich - a man of power and strength

Why would anyone want to visit one of the coldest placeson earth? Sotkamo, located in the north of Finland, about18 degrees latitude and just south of Lapland is strangelyenough a holiday resort and was host to the 2001 OpenMen's World Powerlifting Championships.

Steve Lousich made the three-day journey tocompete in this event, his fifth world championship,where he came 13th overall and 9th in the bench press.Steve, who regularly lifts weights in excess of 300kgsays, "Powerlifting is a sport about strength and powerand it consists of three disciplines: the squat, benchpress and deadlift and the object is to attain the highestpossible total in a combination of all three lifts."

Despite the outside temperatures of -10 to -15degrees the venue was suitably warm and a largeaudience showed up to watch the competition. Steve'sclass, the 11 Okg (242Ib) had 28 lifters. Steve's lifts were31 Okg squat (his best is 317.5kg or 7001b), 220kg benchpress (227.5kg or 5001b) and 262.5 deadlift (270 or6001b) giving him a total of 792.5kg. To put things inperspective the winning total was 1015kg. Steve, aninternationally qualified referee, was also required toreferee during the championships.

Steve was quite satisfied with his performance asthis total was very close to his personal best of 802.5kgachieved in 2001 at the New Zealand NationalChampionships.

Steve lives in Auckland and trains at the renownedGillies Ave Olympic and Powerlifting Gym, which hasturned out many highly rated athletes in the strengthsports. He trains three days a week for two to three hoursper workout. He holds seven Auckland powerliftingrecords, one National benchpress record and threeMasters Olympic lifting records. He has won the NewZealand nationals five times and the Oceanias threetimes and has a best placing in the world of 12th achievedin Japan 2000.

Steve started powerlifting at the age of 16 and now20 years later is still making gains. Powerlifting, unlikesome sports, allows competitors to reach their peakmuch later. He is actively involved in the administrationof the sport as a coach and referee and is the NewZealand Powerlifting Federation vice-president.

» Melaanie chasing the dream(") na Cameron Officer

:c Melaanie has been

m performing professionallysince she was about 14< years old. Having grown upm with the influence of soul

::c and pop music she steadily

en developed her singing voiceand career, touringAustralia with various vocalgroups like four-pieceShades of Kiwi, her"maiden voyage" band.Melaanie moved to Australia when she was eight withher parents Ngaire Jantzen (nee Smith) and HorimaHenare and her brother Tewe.

She is now back in New Zealand permanently,getting ready to embark on a solo career having recentlyreleased her debut single "Knock Yourself Out". Despitealready working as part of harmony group FineAz, whoappear in bars and clubs in Auckland, Melaanie felt thetime was right to take things further.

"In Australia I worked for a few bands as a vocalistand I learnt a lot from them. They taught me a lot aboutperforming and singing. Eventually I had to run away toNew Zealand to do things for myself!" she laughs.

"I actually came to New Zealand for a break, butended up staying here - and then the contract camealong. A lot of musicians still ask after me in Australia,which is great, but it was time to do something different.Its good to be back in New Zealand."

Are we likely to see this talented young womanperforming live? "Hopefully I will be touring soon. Thereis a lot of work to do though. As well as session workand singing with FineAz, I am hoping to release another(solo) single within the next three or four months, andthen an album which will hopefully be out by the end ofthe year."

And what about Knock Yourself Out? "It's basicallya song about a guy who wants to come up and ask agirl to dance in a bar, but he chickens out, and in hismind he's beating himself up for not taking a chance.Well, he gets the girl in the end, so that's okay!"

When it comes to writing, she has partners thathelp her with the lyrics,"the more heads put together thebetter". Melaanie doesn't play any musical instruments,in her opinion it is "best left to the professionals to playthe instruments! I'm a vocalist first and foremost."

Melaanie is no stranger to hard work. As a kid shewould tour around after school performing. Four yearsago she was a backing singer at the grand and glitzyIndy Ball, held in conjunction with the Indy CarChampionships on the Gold Coast. Now, with the releaseof "Knock Yourself Out", she is poised to take on theKiwi music scene - and who knows, perhaps the world.

36 TE KARAKA Kahuru I Autumn 2002Kahuru IAutumn 2002 TE KARAKA 37

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en:co::IJ-fend::IJ-<

Gerry Te Kapa Coates (Kai Tahu, Te ROnanga 0

Waihao) is better known as a poet, but was a finalist forthe Maori Literature Awards last year with his story "TheDay You Died", which was published in Huia ShortStories 4.,.... Contemporary Maori Fiction (Huia Publishers2001). His writing skills have been honed by years ofwriting reports and four years editing and publishing anindustry newsletterabout aviation. He was also involvedin preparing the claim settlement tribal consultationdocument. Wellington-based, he still goes home to TeWaipounamu, especially to Waihao marae, as often ashe can.

and more lavish as the possibility of a settlement withthe Government seemed more likely. An older and wisermanuhiri ki waho now, I've become accepted assomeone who speaks up occasionally and askssometimes pointed questions. Not too pointed though,as I'm still learning the ropes - still hoping to be includedin something, a committee, a board. I've even learned acouple more tau if I'm ever called upon to speak. So Idon't have to do a rote rendition of "Ka tangi te tm ... ".So far, the "old" men, the kaumatua, have the role bydefault.

Suddenly there she is, coming up to me - Iremember her, but I've forgotten her name.

"Hi, how're you", she says. I have to stop and think.My mind is working overtime. How could I forget? Herhair is much shorter, darker somehow, maybe she dyedit. And it's she who has remembered me.

"E Hine", I say. "Where're you living now?""Hamilton", she says. "We got back together again.

Best for the moko eh?" She smiles in that diffident MonaLisa style that captivated me years ago.

"Great to see you again", I say. "And your sisters?""They couldn't come this time. Would you like to

meet my husband?"I shy away. "Sure", I say, "I'll keep an eye out for

you both later."I didn't see them again. Nor her at any later hui.

Maybe she went back to Australia. She had remindedme that it's possible to fall in love across a crowdedroom with a vision, with an idea - a nudge from theUniverse. I had needed that prompting.

She had looked into my eyes during that firstencounter and for thirty seconds I connected, makinglove with the possibilities, swimming round in those deepbrown pools of darkness. Or that's how I like to rememberit.

Later when I met my second wife, it had been likethat too - an instant connection. We have children, now- Maori children. They go to kohanga reo, know theirwhakapapa. I am making some progress after all.

Not being Maori for so long wasn't my fault, itseems. It was an awakening from a long, but notforgotten, dream, just one that blanked out what mighthave been. Like the cows and pasture and willow treeshave blotted out the green ngahere of home. But it willgrow again.

mostly still live near their home, near the marae. I'menvious. Who'd have thought that sort of a childhoodwould ever have been seen as desirable? Except byme, right now. I imagine them singing waiata together,maybe one of them playing the guitar. Big familygatherings and huge meals with heaps of kaimoana andsmoked tuna. Magpies calling in the macrocarpa by thehouse.

My own mother just wanted to escape it all - therailway settlement, the jibes of "nigger" at school. Shemarried a Pakeha, and took off. The war came then meand the resulting disruption made sure she never wentback, except for the occasional Christmas. Even nowshe still talks about ''those Maoris". "Why are you sendingyour kids to a kohanga reo - they'll never live as Maoris,"she says.

My first wife - a PakeM of course - was far moreinterested in Maori than I was. Maybe we'll have a brownbaby she said - a throwback. I secretly hoped not. Shewould drag me along to visiting lectures by people likePat Hohepa and Hone Tuwhare. I wanted to understand,but being brought up Pakeha got in the way.

I remember us being berated at a students'congress once for being unable to talk wharenui style atnight, without it descending into a dirty-joke fest. Thatwas the PakeM affliction, this Pakeha elder said. Andbeing unable to sing a song. Pakeha could onlyremember nursery rhymes like "Mary had a Little Lamb".

When I started my Maori renaissance I quicklylearnt standards like "Ehara i te mea" and "Maku ra pea".They've come in handy more often than I thought theywould - still do - and I've learnt a few more variationsover the years.

In the end we had no babies at all- brown or white,just ended up drifting apart. In those days no one weknew had separated yet. Only us, although we started atrend I think. We never found fault about it - blamed theWoodstock generation, the trend to communes, the optout and live on an ohu syndrome.

So here I am, childless, divorced, Maori in my heartbut struggling with it in my nature, and moonstruck overa princess - a Maori princess -like a woodcutter in somePakeha fairytale.

"Will you be here long?" I said."I'm just staying with my sisters while I get on my

feet. I might go back to Oz eventually."In my mind's eye I was already saying goodbye to

her - waving at some airport gate, to an inchoate dream,already lost. Here was the possibility of my Maoriimmortality. On the war memorial at my school therewas a saying, For us they gave their immortality. Was Igiving mine away a second time by not acting? No kidsat all, or even worse no Maori kids?

"There's plenty of time", I thought. My kids willalways be Maori, maybe just not as Maori as me,depending.

She'd left by the hakari. All I knew were her andher sister's names. I wrote them on my airline boarding­pass so I wouldn't forget - I've still got it somewhere.

Years later I was at yet another Hui-a-Tau - bigger

turning grey, although she couldn't have been more thanlate twenties. She's beautiful. What if I'd married a Maori?Way back then I didn't even think of Maori as an option.I didn't know any, apart from cousins. If anything I wasmore American than New Zealand -Ivy League fashionand rock and roll. Lifestyles born of Life magazine orReader's Digest. Fat chance I had of going out with aMaori, let alone getting married to one.

Once as a teenager our family had visited a Pakehaaunt in Whakatane. She'd married a Maori. He rockedfrom foot to foot on the verandah while she made usafternoon tea. I felt like we were "townies" visiting a farm- but who were the country cousins this time? Her darkhusband didn't say anything, and her brown childrenseemed totally unrelated to my white city-boy's teenageangst. My cousins? Barely.

Why has this woman affected me so? She can'tsee me without turning around, so I let my eyes dwellon her - an aquiline nose, long paua sickle earrings inpierced ears, dressed in dark colours - close to but notquite black. A long skirt and headscarf. Fine hands, norings. Not married, but who knows these days. I'm notwearing a ring myself. Been there, done that.

During the kaputi after the mihi I lose her and thenit's back into the meeting part of the hui. Our local MP istalking about the Government's plans for every tribe tohave an authorised voice. Sounds a good idea, to myPakeha-trained brain. Like the good reader Iam Idutifullycollect all the bits of paper handed out, to read later.

At lunch, after the kaumatua have got their food,and seats, the rangatahi - anyone under sixty - sitoutside on the grass. I still know no one and still peopledon't care. There's no small talk to strangers. Everyoneseems to accept my right to be here, though, but aredistinctly uncurious.

I notice her sitting with some other women onwooden forms, in animated conversation. Can I join themcasually without it seeming an intrusion? Making thepretence of finding a seat I join them and they politelyacknowledge then ignore me. The conversation tells methey're all sisters. I hear that she - my focus - has achild, lives in the city and has just come back fromAustralia. Some raruraru on the marital front.

The others leave to get a cup of tea, and suddenlyI'm alone with her.

"Kia ora, I'm Tim - er, Timi", I volunteer."Hi, I'm Hine. Where're you from?""Wellington - Poneke," I say."Wow, you're a long way from home", she smiles.

"I've just come back from Perth. It's great to be back.There's nothing like the ngahere of home, eh?"

Her sisters come back with hot sweet milky teaand one for her. She introduces them to me - Arana,Georgina, Rewa. They have all been brought up and

Myrental car seemed too new and shiny for this event- my first visit to a Hui-a-Tau. At last I had made a moveto pay more than lip service to my Maori side. I parkeddown the road, away from the marae and walked backto the group waiting at the side of the road for the powhiri.This is my tribe I thought. I'm one of them.

No one said "kia ora", "tena koe", "hello", "g'daymate", or any other of my PakeM side's expectationsas I approached. They smiled and ignored me, as if I ­like them - had a perfect right to be there.

The cows moved slowly in the paddock by the riverbeyond the willows. The bush had long ago been clearedfor farming. Skylarks were singing high in the air. No tmround here any more.

I was conscious of the sun on my face, my back.I'd agonised for a long time over what to wear. Was ittoo formal for a tracksuit, but not formal enough for asuit? What else then? A sports jacket, a jersey. Whatdid real Maori wear, apart from outrageous bright redand black nylon jackets and trackies? I settled on abomber jacket, and open-necked shirt. Casual, but nottoo casual.

The head of the tribe arrived in a large but batteredcar - and in a suit, with a huge wooden carving at thisthroat. His Pakeha wife was beside him. I knew him fromphotographs in the paper and seeing him from a distanceat important gatherings elsewhere - but he really waslarger in life than images suggested.

The karanga began - halting at first, then swellingand wavering. As always it pierced straight to my heart,my tear ducts. We straggled slowly into the wharenui,rather than having the mihi and whaikorero outside.

My university-learned Maori was enough to followthe mihi, if not the tauparapara, which were spouted byrote at a fast pace, full of many allusions to the mountainsand rivers of this - my part - of the land. I made a mentalnote to bring a Walkman recorder next year so I couldfind out later what they had been saying. I too couldlearn by rote.

I scanned the room noticing the yellowingphotographs on the wall. You're my kin, I thought - you'reall my kin. You have been there all that time and I neverknew. Not that gut feeling you have with a family. Therealisation was overwhelming. There was a connectionbetween me - as Pakeha as I might reluctantly be - tothese black, brown and pale-skinned Maori.

Tribalism is a heady mixture, when all you've hadbefore as wMnau is a younger sister, and a few barelyseen cousins. Yet all these people were related to me tosome extent - maybe from a woman twenty generationsago. In a whare with a dirt floor and a flax cloak. Herman, a warrior - my ancestor - away fighting to protecthis family - my family, my wMnau.

Then I saw her. Just in front of me. Hair already

~The Green Ngahere of Home~ na Gerry Coates

-fen-fo::IJ-<

38 TE KARAKA Kahuru I Autumn 2002Kahuru IAutumn 2002 TE KARAKA 39

Page 25: -co · Haere ra, haere ra, haere atu ra. Engari, a korua wairua Kua WhetOrangitia ki tua 0 te arai Ka titiro ki nga tomairangi E heke iho ki runga Te Upoko 0 Tahumata Tau ana ki te

40 TE KARAKA Kahuru I Autumn 2002

Gillian KakaKawakawa

_ma RapetiAwhinatia ka rapeti kia klmihiaa ratou heki Aranga. fi!tb.Kaua e wareware kl te ~Waiata mal - Oma Rapeti!

Congratulations to our luckyTamariki Ma winners who allreceived Huia picture books. Thewinners are: Shaun Nolan, MereKa h u k u r a, Ne i wa Lam bert­Hemopo, Matthew Clarke, ArianaTipa and Panatahi Kahukura.

Kia ora koutoukatoa

Who ate ao manyEaater egga they felt

aick'? AUEIWho didn t eat any

Eaater egga'? AUEIHere ia an Eaater

egg game.

Oma Rapetil

Rosemary Clucas is one ofsix Te ROnanga 0 NgaiTahu representatives on DoC species recovery groups.Membership on these groups was secured through theNgai Tahu Deed of Settlement. Involvement in thesescience-focussed groups enables Ngai Tahu to haveinput at the highest policy and planning level onthreatened species management. As well asmembership on the Mohua recovery group, we also haverepresentatives on the weka, kakapa, kaki (black stilt),hoiho, takahe, tieke (saddleback), kiwi and westlandpetrel recovery groups.

For more information on threatened species work,contact Rachel Puentener, Nga Rawa Taiao (NaturalResources Unit), Te ROnanga 0 Ngai Tahu.

programmes are among a host of potential issues wehave to deal with.

An understanding of the problems facing our nativebirds is required for informed and constructiveparticipation in the management of these threatenedspecies. Many rOnanga are already involved inthreatened species work with DoC, which is great. TheKaupapa Taiao Unit at Te ROnanga a Ngai Tahu hasinformation on training courses and volunteeropportunities should you want to work as a DoC fieldofficer or pursue other avenues of training.

We need you! Everybody needs to care if we areto really make a change.

Thank you for publishing my letter asking for information about Jane (Julia) Hamilton inthe Makariri/Winter 2001 issue of te Karaka. Unfortunately I have had no response at all,perhaps in part owing to the fact that the particular person I asked about in that letter,Heni Rawiri whom I believe may be Jane Hamilton was written as "Hemi Rawere" whichis totally different. I would appreciate it if this mistake could be corrected in a future issueof te Karaka. Ma te atua koe e manaaki, e tiaki.

Tena koe Gabrielle

Nga Reta

The Disappearing MohuawconUrOmpage27

Gillian, te Karaka would like to apologise for the error and hopes that the correction may trigger some positiveleads in your search. Ed.

Noho ora mai,Naku, na

five metres high is erected in an area with enough foliageto partially obscure its presence from the birds. A seriesof recorded mohua song lures the birds down into thenet as microphones on either side of the net lead thebirds down in a zig-zag fashion till they fly into the net.The terrain around the study area of Lake Sylvan is verygentle and a soft springy mattress of mosses carpetsthe ground, enticing during the long wait for a capturedbird.

The capture rate on this mission was particularlypoor with only six birds banded, reflecting the poorsurvival of last year's young. Even in this remainingmohua stronghold the population has halved. BarryLawrence, who has been researching Mohua for 15years, believes that with two to three years of goodconditions (cold winters and no beech seed events) thepopulation will bounce back. But there are no guarantees- a rat irruption of the magnitude of that over the hill inthe Eglinton could well reduce the Dart population to alevel that would make recovery unlikely.

Understanding the continuing struggle for survivalthat our native birds are facing enables Ngai Tahu to putpressure on, where we can, to ensure resources aredirected where they are most needed. Manyopportunities exist now within Ngai Tahu to allow us tocontribute in understanding and dealing with seriousconservation issues such as these. Population transfers,mainland islands and more controversial conservationstrategies such as genetic engineering and poison

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