Taihape: Rangitīkei ki Rangipō District Inquiry Pānui file1 | P a g e Issue No. 4 | January 2017|...
Transcript of Taihape: Rangitīkei ki Rangipō District Inquiry Pānui file1 | P a g e Issue No. 4 | January 2017|...
1 | P a g e Issue No. 4 | January 2017| Kohitātea
Taihape: Rangitīkei ki Rangipō District Inquiry Pānui Issue No.4 | Jan 2017 | Kohitātea
The Rangitīkei winding north past Mōkai flats, Taihape
Nga mihi o te tau hou ki a koutou katoa Nau mai, haere mai ki tenei pānui tuawhā
Page 2: Ngā Kōrero Tuku Iho, Week 3
Page 3: Research update
Page 5: Statement of Issues
Page 6: Hearing programme
Page 8: Staff update
Tēnā koutou katoa New Year’s greetings to all and welcome to the fourth issue of the Wai 2180: Taihape district inquiry pānui. In this issue we reflect on a busy and successful year in 2016 and look forward to the beginning of the substantive hearing programme in 2017. Contained in this issue are deadlines and information to help you prepare for the first hearing week. We include information about the Statement of Issues, the hearing programme and the list of claims participating in the hearing phase. In the research update we summarise recent additions to the record and discuss the forthcoming gap-filling project examining aspects of the eviction of Winiata Te Whaaro and his people from Pokopoko. Finally, we wish to acknowledge the hardwork of all parties over the 2016 calendar year. The Taihape district inquiry has now completed all of its interlocutory steps in preparation for the first hearing week. This process included the completion of the Ngā Kōrero Tuku Iho hearing phase, the close of the research casebook and the completion of the Taihape Statement of Issues. Ngā mihi ki a koutou katoa.
Upcoming dates Witness summaries, requests to cross-examine
witnesses with indications, questions of clarification
13 Feb 2017
Tangata whenua briefs of evidence 20 Feb 2017
Witness responses to questions of clarification 27 Feb 2017
Bundles of documents for cross-examination 28 Feb 2017
Hearing Week 1 Mon 6 – Fri 10 March 2017
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Ngā Kōrero Tuku Iho Week 3, September 2016
Ngāti Whitikaupeka Flagpole
Tribunal Panel at Tarata Lodge
Mitchell Woolshed
Turangārere Falls
From 12-15 September 2016 the final week of Ngā Kōrero Tuku Iho hearings was held at Rātā Marae (Ngāti Hauiti) in Marton and Moawhango Marae in the Moawhango Valley on the Taihape-Napier Road. The hearing week opened at Rātā Marae. On the first day the Tribunal heard kōrero from Neville Lomax, Richard Steedman and Ūtiku Pōtaka tracing the early origins of the peoples of the Mōkai Pātea confederation and their emergence as Ngā Iwi Nui Tonu o Mōkai Pātea. Throughout the week drone footage was used to show remote and significant parts of the rohe. The use of of drone footage to demonstrate geographic and historical sites was a first in the Taihape district inquiry. It has helped give clarity to the understanding of the rohe and will be invaluable at the report writing stage. On the second and fourth days, the Tribunal heard from respective iwi and hapū making up the Mōkai Pātea confederation – Ngāti Hauiti, Ngāi Te Ohuake, Ngāti Tamakōpiri, and Ngāti Whitikaupeka. This began with Ngāti Hauiti on the second day, tangata whenua of Rātā Marae, and representatives of Ngāi Te Ohuake. On Wednesday 14 September 2016, the Tribunal and staff participated in a haerenga beginning at Putai Ngāhere Reserve. A convoy transporting the panel and key speakers from Mōkai Pātea travelled from the ngāhere to Otara, Mōkai, Matuku and finally, Turangārere. Claimants, counsel and interested parties followed speakers and Tribunal members on the day. Following kōrero at the site of Turangārere, the haerenga ended in the Moawhango Valley. There, a pōwhiri was held at Moawhango Marae; the venue for the fourth and final day of hearing proceedings. The Tribunal was then led across the road to Ōruamatua (Te Riu o Puanga) Marae, a smaller house located a stone’s throw from the larger Moawhango Marae. The house contains whakairo depicting the infamous mōkai deposited by the tūpuna Tamatea Pōkai Whenua during his early journeying through the district. The Tribunal heard kōrero from David Bennett, Hari Benevides, Isaac Hunter, Nicola Chase, Richard Steedman, Te Rina Warren and Ūtiku Pōtaka on the final day of hearing followed by a hakari to close the week. Staff would like to extend thanks to claimants, counsel and organisers for their manaaki during the week. We look forward to beginning the hearing phase at Rātā Marae in March.
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Research update
Moawhango, c.1894
Site of former settlement at Pokopoko
Gap-filling research With the completion of the Taihape inquiry research casebook in August 2016, the Tribunal has now determined that it has enough technical evidence to proceed to hearing, except for one small gap. In directions released on 18 October, the Presiding Officer advised inquiry parties that the Tribunal had received the casebook review from the Acting Chief Historian. The review recommended that a short supplementary research report was needed on aspects of the eviction of Winiata Te Whaaro and his community at Pokopoko on the Mangaohāne block. On 5 January 2017, Tribunal staff circulated a project brief to inquiry parties, outlining in more detail the aim of the project and the research issues to be addressed. These include:
Crown policy and practice of Māori eviction for trespassing;
How, if at all, the eviction at Pokopoko fits into the history of Crown-led evictions;
The legality of the arrest and eviction experienced by Winiata Te Whaaro and his people;
The role of the Whanganui sheriff, runholders and/or other Crown agents; and
Long-term impacts on the Pokopoko Māori community. Once a researcher has been selected for this project, Tribunal staff will arrange research hui with inquiry parties. These will present an opportunity for claimants to meet the researcher kanohi ki te kanohi and share their kōrero tuku iho of the eviction and its impacts. If you would like a copy of the project brief, please contact Tribunal staff. Our contact details can be found on page 8 of this pānui.
One of the unique benefits of the Waitangi Tribunal process is the generation of a significant body of historical research. The Taihape inquiry is no exception. As we prepare to enter hearings, there are now close to two dozen original historical reports scrutinising the many facets of the relationship between the Crown and Taihape Māori, covering subjects such as political engagement, land alienation, economic capability, and environmental degradation. There are also several reports traversing the oral and traditional history of the iwi and hapū of the region, as well as several thousand pages of supporting documents. This research not only represents the combined efforts of the researchers themselves, but of the countless hours spent by claimants and counsel meeting with the researchers and sharing their kōrero, taking researchers to see sites of significance, reviewing draft reports and providing feedback, and much more (such as conducting interviews with kaumatua and kuia). And how could we forget the herculean efforts of Evald Subasic, who successfully supervised a significant number of those reports for the CFRT. Nā te kaimahi o te Taraipiunara, ngā mihi nui ki a koutou mō ōu kōrero, mō ōu mānakitanga, me ōu mahi katoa. We hope that the research has a life well beyond the Tribunal process, for yourselves and your mokopuna.
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The research casebook Taihape casebook phase one (of two)
Report Name Author(s) Agency Wai No.
Waiōuru defence lands scoping report Adam Heinz WTU #A1
Technical research scoping report Bruce Stirling and Evald Subasic
CFRT #A2
Rangitīkei River, its tributaries, and other waterways (scoping)
David Alexander CFRT #A4
Local government, rating and Native Townships (scoping) Bassett Kay research CFRT #A5
Northern block history Martin Fisher and Bruce Stirling
CFRT #A6
Southern block history Terry Hearn CFRT #A7
Central block history Evald Subasic and Bruce Stirling
CFRT #A8
Public works takings for defence and other purposes Philip Cleaver WTU #A9
Environment and resource management, wāhi tapu and portable taonga (scoping)
Michael Belgrave et al. CFRT #A10
Tribal landscape Tony Walzl CFRT #A12
Economic development and social service delivery (scoping) Philip Cleaver WTU #A14
Māori land retention and alienation Craig Innes WTU #A15
Māori in the Taihape inquiry district: a sociodemographic scoping exercise
Georgie Craw WTU #A28
Taihape casebook phase two (of two)
Report Name Author(s) Agency Wai No.
Maori land rating and landlocked blocks, 1870-2015 Suzanne Woodley CFRT #A37
Environmental issues and resource management (land), 1970s-2010
David Alexander CFRT #A38
Mangaohane legal history and the destruction of Pokopoko Grant Young CFRT #A39
Rangitīkei River and its tributaries historical report David Alexander CFRT #A40
Education, health and housing, 1880-2013 Paul Christoffel WTU #A41
Nineteenth century overview Bruce Stirling and Terrence Green
CFRT #A43
Ko Rangitīkei te awa: the Rangitīkei River and its tributaries cultural perspectives report
Robert Joseph and Paul Meredith
CFRT #A44
The impact of environmental change in the Taihape district, 1840-c1970
David Armstrong CFRT #A45
Twentieth century overview Tony Walzl CFRT #A46
Native Townships: Potaka [Utiku] and Turangarere Heather Bassett CFRT #A47
Maori and economic development, 1860-2013 Philip Cleaver WTU #A48
Gap-filling
Report Name Author(s) Agency Wai No.
The arrest and detention of Winiata Te Whaaro and the eviction of the Pokopoko Māori community
TBA WTU TBA
Oral and traditional
Report Name Author(s) Agency Wai No.
Mokai Patea land, people and politics David Armstrong CFRT #A49
Ngati Hinemanu and Ngati Paki oral and traditional report Peter McBurney CFRT TBA
Supporting projects
Item name Author(s) Agency Wai No.
McLean project document bank None listed Crown #A3
Crown and private land purchases records and petitions document bank
Evald Subasic and James Taylor
CFRT #A16
Newspapers document bank Walghan Partners CFRT #A17
Native/Māori Land Court records document bank None listed CFRT #A18
Maori language library sources document bank Jane McRae CFRT #A19
Taihape te reo sources document bank Lee Smith and Jane McRae
CFRT #A20
Native Land Court minutes document bank Walghan Partners CFRT #A30
Transcripts of judgements of the Native Land Court and Native Appelate Court relating to Taihape blocks
Richard Boast - #3.1.185(a)
Research from other Tribunal inquiries
Item name Author(s) Agency Wai No.
Block research narratives of the Whanganui district 1865-2000 (Murimotu and Raketapauma only)
Paula Berghan CFRT #A22
Murimotu & Rangipo-Waiu 1860 – 2000 Nicholas Bayley WTU #A23
Block research narratives of the Tongariro National Park district (Rangipo Waiu and Rangipo North only)
Paula Berghan CFRT #A24
Whanganui & National Park inquiry districts public works takings
Philip Cleaver WTU #A25
Response of Mr Parker to a request for information relating to the Solicitor General's opinion of December 1903
Brent Parker Crown #A32
One past, many histories: tribal land and politics in the nineteenth century
Terry Hearn WTU #A42
Transcript of Hearing Week Four, Te Rohe Pōtae Hearings - - #A50
The construction of the North Island Main Trunk Railway through the inquiry district and the associated timber industry
Brent Parker Crown #A51
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Statement of Issues On 9 December 2016 the Tribunal released the final Statement of Issues (SOI) for the Taihape district inquiry. The process began with the submission of amended statements of claim in August 2016, a draft Statement of Issues (CSOI) from claimant and Crown counsel and, finally, open discussion of the draft Tribunal SOI had with inquiry parties during a judicial conference held at the Whanganui Māori Land Court Offices in November 2016. The purpose of the SOI is to gather in a single document the broad claim issues that are before the Tribunal, and the Crown’s position on those issues. It is a primary resource that parties can use when looking for information about, for example, the casebook research related to their claims, or what the Waitangi Tribunal has said about those issues before. It is as much a reference document as it is a tool that assists parties to prepare their case for hearing. The SOI will also assist the Tribunal when they begin writing their report. As it summarises and synthesises the allegations raised in the claimants’ statements of claim, it will be a valuable reference point as they begin crafting the final report and their recommendations. The final Tribunal SOI is made up of targeted questions for inquiry, split across 21 broad issues:
Constitutional Issues
Nineteenth century Land Uses,
Management and Alienation (up to 1909)
Twentieth Century Land Use, Management
and Alienation (from 1909)
Public Works Environment Mātauranga Māori
Tino Rangatiratanga
Political Engagement
Native Land Court
Crown purchasing
Economic Development and Capability
Arrest and Eviction of Winiata Te Whaaro and the Destruction of Pokopoko
Land Boards and the Native/Māori Trustee
Native Townships
Gifting of Land for Soldier Settlement
Local Government and Rating
Landlocked lands
Twentieth Century Land Alienation
General Takings (Roads, Scenery Preservation and other purposes)
North Island Main Trunk Railway
Waiōuru Defence Lands
Management of Land, Water and other Resources
Power Development Schemes
Education and Social Services
Cultural Taonga
Te Reo Rangatira
Wāhi Tapu
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Hearing programme
In December 2016 the Tribunal released a hearing schedule via direction (Wai 2180, #2.5.75). The appendix set out the 11 hearing weeks and the respective kaupapa to be heard in
each of those weeks. The table below shows these details along with the research reports that will be cross-examined during each hearing week. Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10
JOIN
T H
EA
RIN
G W
EE
K:
tbc
Likely dates
6-10 Mar 2017
Oct 2017 Nov/Dec 2017 Jan/Feb 2018 Mar/Apr 2018 May 2018 Oct 2018 Nov/Dec 2018
Jan/Feb 2019 Mar/Apr 2019
Kaupapa Opening submissions and tribal landscape
Northern claims
Northern claims Central Claims Central claims Southern claims
Southern claims Technical reports and Crown evidence
Claimant closing submissions
Crown closing submissions
Research reports
Tony Walzl, Tribunal Landscape (#A12) Oral and traditional history reports
Bruce Stirling and Terrence Greene, ‘Nineteenth century overview’ (#A43) Martin Fischer and Bruce Stirling, ‘Northern block history’ (#A6)
Suzanne Woodley, ‘Māori land rating and landlocked blocks, 18740-2015’ (#A37) Grant Young, ‘Mangaohane legal history and the destruction of Pokopoko’ (#A39)
Evald Subasic and Bruce Stirling, ‘Central block history’ (#A8) Heather Bassett, ‘Native Townships: Potaka [Utiku] and Turangarere’ (#A47)
Craig Innes, ‘Māori land retention and alienation’ (#A15) Philip Cleaver, ‘Māori and economic development, 1860-2013’ (#A48)
Tony Walzl, Twentieth century overview (#A46) Terry Hearn, Southern block history (#A7) Paul Christoffel, ‘Education, Health & Housing’ (#A41)
David Armstrong, ‘The impact of environmental change in the Taihape district, 1840-c1970’ (#A45) David Alexander, ‘Environmental issues and resource management (land), 1970s-2010’ (#A38)
Philip Cleaver, ‘Public works taking for defence and other purposes (#A9) Gap-filling research Crown evidence
Joint Hearing: Rangitīkei River
A joint hearing has been agreed upon by the Presiding Officers of the Taihape and Porirua ki Manawatū Tribunals. The hearing will allow the cross-examination of technical
research about the Rangitīkei River and includes David Alexander’s report, “Rangitīkei River and its tributaries historical report” (#A40) and Robert Joseph and Paul Merediths’, ‘Ko
Rangitīkei te awa: the Rangitīkei River and its tributaries cultural perspectives report’ (#A44).
Parties will be advised when a venue and date have been confirmed for this hearing week.
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Claims participating in the inquiry
Ngā Iwi o Mōkai Pātea amalgamated claim
385, 581, 588, 647, 1705, 1888
Te Reu Reu Land claim 651 Tahana Whānau claim 1394
Ngāti Hinemanu me Ngāti Paki amalgamated claim
662, 1835, 1868
Kauwhata Lands and Resources claim
784 Lands and Resources of Ngāti Ngutu/Ngāti Hua
1409
Ngāti Tūwharetoa amalgamated claim 61, 575 Awakino and Other Lands claim 868
Ngāti Kauwhata ki te Tonga and Rangitīkei-Manawatū, Reureu blocks and Awahuri reserve lands claim
1461
Ngāti Hikairo amalgamated claim 37, 933 Tamakana Waimarino (No. 1) Block claim
954 Te Kotahitanga o Te Iwi o Ngati Wehiwehi claim
1482
Waiouru to Ohakune Lands claim 151 Ngāti Kauwhata ki te Tonga surplus lands claim
972 Ngāti Ngutu Hapū claim 1497
Waimarino No. 1 Block and Railway Lands claim
221 Parakiri and Associated Land Blocks claim
1195 Ngāti Parewahawaha (Reweti) claim
1619
Horowhenua Block claim 237 Tongariro Power Development Scheme Lands claim
1196 Raketapauma (Descendants of Ropoama Pohe) claim
1632
Te Kōau Block and Ruahine Ranges claim
263 Nga Poutamanui-a-Awa Lands and Resources claim
1254 Descendants of Mōkai-Pātea (Cribb) claim
1639
Ōwhāoko C3B claim 378 Ngati Waewae Lands claim 1260 Ngati Pikiahu claim 1872
Kāweka Forest Park and Ngaruroro River claim
382 Ngāti Tara Lands claim 1261 Hauturu Waipuna C Block (Herbert) claim
1978
Gwavas Forest Park claim 397 Ngāti Hikairo ki Tongariro Lands claim
1262 Ngāti Kinohaku and Others Lands (Nerai-Tuaupiki) claim
2131
Ahuriri Block claim 400 Ngāti Hekeawai Land Block claim 1299 Te Wai Nui a Rua (Ranginui and Ranginui - Tamakehu) claim
2157
Renata Kawepo Estate claim 401
The Tribunal has received requests for site visits during the hearing programme. These include: Week 2 & 3: Northern claims weeks
Wai 382: Significant pa sites on the Ngaruroro River; and
Requests from the following claimant groups with details to follow
o Wai 385, 581, 588, 647, 1705, 1888 o Wai 662, 1835, 1868
Week 3 & 4: Central claims weeks
Claimant groups, Mōkai Pātea and Ngāti Hinemanu me Ngāti Paki have made requests for site visits but have not confirmed the details.
Week 6 & 7: Southern claims weeks
Wai 972: Cave at Okahu where lives the gravesite of the Ngāti Kauwhata tipuna Taitana Te Kawa
Wai 385, 581, 588, 647, 1705, 1888: Details to follow.
The Tribunal will assess the requests once relevant details are provided for each request. Given the scarcity of hearing time, site visit requests will require compelling arguments.
Site visits and participating claims
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Staff update The Taihape team works with the panel, claimants, researchers and other parties to organise and facilitate the inquiry, manage inquiry events and assist with documentation and legal issues. The Taihape staff team has undergone some changes in the last six months. Inquiry facilitator Tara Hauraki has taken a new role within the Tribunal and Emma will now be the sole facilitator for the inquiry. We also farewell Sarah Gwynn, who has been the assistant registrar for the Taihape inquiry for over two years. Sarah will take up a new role external to the Tribunal at the end of January. Until a new registrar is assigned, parties should feel welcome to contact either Joanna Morgan or Emma Powell in the first instance.
Emma Powell 04 471 4920 [email protected]
Research Analyst/Inquiry
Facilitator
The inquiry facilitator is responsible for the day to day procedural aspects of the inquiry, planning and supporting Tribunal events, and project managing commissioned research. They are the central point for liaison on procedural and evidential matters between the Tribunal and external parties involved in the inquiry, such as claimants, claimant counsel, the Crown Forestry Rental Trust (CFRT) and the Crown.
Matthew Cunningham 04 471 4936 [email protected]
Inquiry Supervisor
The inquiry supervisor is responsible for strategic oversight of the inquiry and the research casebook. They provide advice and quality assurance on procedural and research documents. They also analyse inquiry issues and develop inquiry procedures and strategies.
Joanna Morgan 04 466 2942 [email protected]
Claims Coordinator
The Claims Co-ordinator is responsible for the organisation, logistics and management of inquiry events. They also organise the preparation and distribution of documents, and the maintenance of the record of inquiry. They are the central point for liaison on administrative and event management matters between the Tribunal and external parties involved in the inquiry.
Rail bridge at Turangārere, NKTI Week 3