IN THE TE ROHE PŌTAE DISTRICT INQUIRY (WAI 898) … 898, 4.1.10 .pdfrobert joseph peter mcburney stephen laing . 3 waitangi tribunal . 4 waitangi tribunal taken before judge d j ambler

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WAITANGI TRIBUNAL

BEFORE THE WAITANGI TRIBUNAL WAI-898

IN THE TE ROHE PŌTAE DISTRICT INQUIRY (WAI 898)

HEARING WEEK FOUR, 8 TO 12 APRIL 2013

MANGAKOTUKUTUKU CAMPUS, GLENVIEW

Hui Commenced: 8 April 2013 to 12 April 2013

Tribunal: Judge D J Ambler Professor Sir Hirini Mead Professor Pou Temara

Mr John Baird Dr Aroha Harris

Crown Counsel: Geoffrey Melvin Liam McKay

Wai 898, #4.1.10

MURRAMAOfficial

MURRAMAReceived NO DATE

MURRAMAText Box31 Jan 2014

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Counsel: Glenn Tootill PROFESSOR BOAST Maui Solomon Karen Feint Dominic Wilson Matanuku Mahuika Yashveen Singh Tom Bennion Kirikaiahi Albert Moana Tuwhare Cameron Hockly Rebecca Sandri Bernadette Arapere DR DR BRYAN GILLING

Haylee Putaranui Tavake Afeaki Jason Pou Spencer Webster Peter Johnston Mark McGhie Annette Sykes Alex Hope Darrell Naden Gerald Sharrock Terena Wara Jude Murdoch Te Atairehia Thompson Emma Whiley Jo-Ella Sarich

Witnesses: Hari Rapata Jock Roa Kaawhia Te Muraahi Valerie Ingley Harold Maniapoto Meto Hopa Frank Thorne Jack Cunningham Meto Hopa Frank Thorne Louvaine Kahuwhero Kaumoana Craig Innes Vincent O’Malley Moepatu Borell Gordon Lennox

Pohepohe Mac Bell Nigel Te Hiko Miriata Te Hiko Donald Tait Edward Penetito Lorraine Himiona Anikawhena Himiona Rodney Graham Richard Orzecki Patricia Jacobs Ropata Miratana Rev. Te Hopehuia Hakaraia Robert Joseph Peter McBurney Stephen Laing

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TAKEN BEFORE JUDGE D J AMBLER

TIME TE REO AND ENGLISH (VERBATIM) INTERPRETATION OF TE REO INTO ENGLISH

9.00 AM HEARING RESUMES MONDAY 8 APRIL 2013

KAUMĀTUA (UNIDENTIFIED SPEAKER)

09:02:23 Kia ora tātou. Mōrena tātou. Kua tae kē tātou ki te hāora kia tīmata ai tō tātou hui. Nō reira, me teretere mai tō noho. Kia mārama ai tātou ki ngā āhuatanga o tēnei wāhi o te rā. Ko te tīmata kia tuku atu te rākau ki te paepae hei tīmata, hei mihi ki a tātou. I muri i tērā, ka tuku anō ki te paepae hei tīmata tō tātou hui i te karakia. Nā, ka tuku atu te wāhi ki te Rōpū Whakamana i te Tiriti. Kua reri? Kāo..

And then the time honoured tradition, we handover to the orators to commence our work with a karakia, and then we handover to the Waitangi Tribunal.

(UNIDENTIFIED SPEAKER)

09:06:25 A kia ora anō tātou. I tēnei wā, ka tuku atu te rakau o te paepae ehi tīmata i to tātou hui.

At this time we handover proceedings to the orators to commence the day.

09:06:44 MOTEATEA Introductory chant by the orator.


09:06:54 Whakataka te hau ki te uru, whakataka te hau ki te tonga. Kia mākinakina ki uta, kia mātaratara ki tai. Kia hī ake ana te atākura. He tio, he huka, he hau hū. Tīhei mauri ora.

… hōnore ki te Kīngi, Tūheitia, ā huri noa i tōna whare ariki o

...what promises to be a frosty cool –

Greetings everyone.

Tread to the Lord, observations to King Tūheitia and his

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Pōtatau, nō reira pai mārire ki a rātou. Ō tātou mate, haere koutou, haere. Haere ki te pūtahitanga o Rehua, ki reira okioki ai. Takoto, takoto, moe mai.

Royal House, the Royal House of Pōtatau, so Pai Mārire to them.

Our losses that we all bear, we say farewell. Go in peace and go to the gathering of the spirits. May you rest in peace.

Oh Almighty Lord, here we are thy servants who bow our heads and offer up our prayers to thee, and we pray to thee to care for this congregation from its commencement until the conclusion of the week. And oh Lord, we know that you are there constantly to lead and guide us on the correct path. That our questions may be true and direct, and we offer up these prayers in the name of the only Son, Jesus Christ, amen.


09:08:44 E te Taraipiunara, kaiwhakawā, Judge Ambler, Hirini, Tā Hirini, tēnā koe. Aroha, tēnā koe. E Pou … kia ora koutou o te tēpu … Te Karauna, tēnā koutou. Tēnā koe, Bill. Ā huri noa ki a koutou ngā kaiwhakawā, kia ora koutou.

Tātou kua tae mai nei ki te whakarongo, ki te whakawhitiwhiti kōrero kia rongohia ai ngā nawe e pā ana ki a koutou.

Nō reira tēnei mātou o Ngāti Maniapoto kua tae mai nei, a Ngāti Apakura, ki te tautoko, ki te awhi atu i a koutou i roto i ō koutou pātai me ā koutou whakatakoto kōrero mō ngā raruraru o mua kia rongo ai te Taraipiunara. Nō reira, huri noa i tō tātou whare, kia ora huihui anō tātou.

To the members of the Tribunal, Judge Ambler, Sir Hirini and fellow members, Dr Mead, Pou and to you Mr Baird, greetings members.

To the Crown counsel I greet you, you Bill and turning to the congregation to the legal counsel, greetings.

We who have all come here to listen and to enter into discussion that we may hear the concerns pertaining to you. And so we of Ngāti Maniapoto have arrived, and Ngāti Apakura to support and to assist you in your submissions, and the evidence that you are to disclose pertaining to the problems of the past, that the Waitangi Tribunal may hear

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Me he waiata kei a koutou, Maniapoto, homai koa. them. So thank you very much.

Waiata please Ngāti Maniapoto.

09:10:15 WAIATA


09:11:29 Nō reira ngā mate, āpiti hono tātai hono, tātou te hunga ora. Āpiti hono, tātai hono, te hunga mate ki a rātou, mā rātou anō rātou e mihi. Heoi anō, huri noa i tō tātou whare, kia ora huihui anō tātou.

So farewell to our losses and we the living, I greet you all and may the dead congregate amongst themselves as we do the living, greetings.

09:11:53 Ngāti Paretekawa, kei a koutou.

09:12:03 WAYNE TAITOKO

Tēnā anō tātou katoa. Kua ea te wāhi ki tērā. Nā, ka huri te kanohi ki te tēpu, ki ngā kaupapa o ngā mea kei mua i a tātou i tēnei rā. Nō reira i mua i te tukunga atu ki te tēpu, kia whakamārama ai tātou ngā pitopito kōrero pea e pā ana ki tēnei whare o tātou.…

Now we have acquitted the rituals. We now turn to the Waitangi Tribunal for the work proper, but before we hand over to them, let me just clarify the, the –

09:12:24 Before I hand over to the Tribunal, I just like to cover a couple of housekeeping matters, just so that we are all safe while we are here at Manga Kotukutuku. Hopefully you got a copy of the booklet. It covers just about everything you want to know about this venue, about the people who can help you if you need it, but there are a couple of things I’d like to just cover before we start.

Firstly cellphones to vibrate please, and if you have the AP,

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tune to 88.4FM and if you leave the room, you can actually hear the whole hearing in real time while you’re outside.

The other matters is,

09:13:12 … mō mātou e hia kai paipa ana, haere ki waho o te wāhi nei…

Those who want to go for cigarettes, go outside of the precinct.

Manga Kotukutuku is a smoke free campus, the entire campus including the carpark, so those of us who want to smoke, please leave the whole area. And the only other matter is Dawn our nurse is available to anyone who is feeling mauiui during the course of the day. There is an area that you can go to to receive any medical attention.

And on that point, there is, if you refer to the book, a break out area, if it gets too hot or uncomfortable here, you can go there. There are couches and so on available for you to relax on, and you can still hear everything that goes on from that room as well.

Find – the directions are in the book. You should be able to find it.

09:14:03 Tēnei wā ka tuku atu ki te tēpu hei whakamārama ki a tātou katoa ngā āhuatanga o te rā…

Handover now to the Waitangi Tribunal the proceedings to clarify for the day.

JUDGE AMBLER

09:14:18 Tēnā tātou. Tuatahi, e mihi ana ki a koe, e te pāpā, e Hone. Nāu te reo whakamoemiti ki tō tātou Matua i te rangi, nō

Greetings. Firstly, thank you Hone for offering up our prayers to the Creator.

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reira tēnā koe.

Tēnā koe hoki, e Wayne, tō tātou kaiwhakahaere mō te wiki nei. Heoi anō, e mihi kau ana ki a tātou kua whakatau mātou inanahi nei, i te ata nei hoki, nō reira tēnā koutou o te whenua nei, me kī tae noa atu ki a koutou o te Rohe Pōtae.

Nō reira, mōhio ana mātou he nunui ngā take o te wiki nei. He nunui ngā mamae, ngā auē ka puta i a koutou.

Thank you Wayne our co-ordinator for the week. Warmest greetings to one and all. We decreed yesterday and we have come here today, and we greet you the people of this area, and to all the people from Te Rohe Pōtae.

We are aware that the tasks ahead of us is great, this week. There are many concerns and lamentations that will be put forth by you.

09:15:13 Nō reira kia kaha rā koutou, kia kaha rā tātou ki te hāngai ki ngā kaupapa kei mua i te rōpū nei. Nō reira, tēnā koutou. Tēnā hoki koutou ngā rōia o ngā taha e rua.

Nō reira tātou mā, ko mātou ēnei, te Rōpū Whakamana i te Tiriti. Kei te mōhio te nuinga o koutou i a mātou, engari tēnei taha a Tā Hirini, a Tākuta Aroha Harris, tō tātou ahorangi o te whare wānanga ki Waikato a Pou Temara, me tō tātou tangata o te ao pakihi a John Baird.

Ko au a Judge Ambler. Nō reira ko te tokorima nei te Rōpū Whakamana e āta titiro ana i ngā kerēme o koutou.

Nō reira he kanohi hou o te taha o te Rōpū Whakamana, arā ētahi o ngā āpiha, a Michaela Coleman… Tū mai. Me [Jenna-Faith Allen?]. Āhua māuiui a Jenny Syme, nā reira kua haramai a Jenna-Faith ki te tautoko mai i te kaupapa nei, nō reira mēnā he pātai tā koutou, huri atu ki a Jenna-Faith i te tuatahi.

Nō reira kāore e tōroa ngā kōrero ā te kaiwhakawā i tēnei

So be strong, be steadfast and cleave unto the matters to be discussed. So greetings to you all the legal counsel of all sides.

So ladies and gentlemen, we are the members of the Waitangi Tribunal. Most of you know who we are, but on my right is Sir/Dr Hirini Meads, Dr Aroha Harris, and from the University of Waikato, Professor Pou Temara Temara, and from the world of commerce, John Baird.

I am Judge Ambler, and so we are the five members of the Waitangi Tribunal, who are carefully discerning your claims.

But some of our – we have some new members of the support staff who are presenting themselves. Jenny is not very well, so Jenna-Faith has come to support this week. So if you have any questions, don’t hesitate to ask Jenna-Faith. She will be the first point of contact.

I won’t tarry at this stage. We handover to you the legal counsel to stand and declare yourselves.

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wā. Ka huri atu ki a koutou ngā rōia kia tū mai …

09:17:08 We begin with Crown counsel once again. I don’t need you to run me through all of your various Wai numbers, but if there are any changes, if you can just explain that to us. Crown counsel.

BILL (CROWN)

09:17:30 Kia ora anō tātou e te whakaminenga. Ko te mihi tuatahi … ngā whakaahua e whakahōnore nei te mahi i roto i tēnei rūma o tātou. Nō reira kei te hoki atu ngā whakaaro ki a rātou, ā huri noa ki a rātou kua mine ki te pō, ngā mate e ūhia nei i runga i a tātou te ao Māori. Ko tēnei…e tū nei i mua i a koutou he uri nō Te Tairāwhiti.

Ko au te kaiārahi Māori mō te Tari Ture o te Karauna. Anei te rōpū kua tae mai. Kei te mōhio koutou ki te kaiwhakahaere mō tēnei taha, ko Geoff Melvin. Ko te tangata e tū nei ki tōna taha, he uri nō Taranaki, he uri nō Ngāti Ruanui me Taranaki, ā peka noa ki Ngāti Tūwharetoa, ko Liam McKay tōna ingoa, kua tae mai ki te tautoko i tēnei taha o tō tātou nei huihuinga. Nō reira huri noa, huri noa, kia ora hui tātou.

Greetings. Observations are ongoing to our ancestors arrayed on the back wall, those who have passed on.

I stand here before you a descendant of East Coast. I am the Māori Advisor for the Crown Law Office, and I lead this team. You know Geoff Melvin, and by his side from Taranaki from Ngāti Ruanui, Liam McKay we’ve come to support the Crown counsel.

GLEN TOOTILL

09:18:41 Tēnā koutou ngā mema o te Whakamana i te Tiriti o Waitangi. Tēnā koutou katoa. E rau rangatira mā kua huihui mai i raro i te tuanui o tō tātou whare, tēnā koutou.…

Greetings to the Waitangi Tribunal. Greetings to the – all people who have congregated here.

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Counsel’s name is Toothill and I appear for usual... Sir.

DR DR BRYAN GILLING

09:19:03 E te tēpu, tēnā koutou e te whare, tēnā koutou, tēnā koutou, tēnā tātou katoa.

Sir counsel’s name is and I appear today with two juniors, Ms Whiley and Ms Sandri. Ms Whiley has just recently joined our firm, and we will both be junioring for Mr Bennion today. He needs all the help he can get.

We have two changes to the claims we represent. We have appeared previously for Wai 972, but we now represent today. You’ll be hearing Wai 2291, a claim by Raymond Anton Fenton and Gordon Lennox as co-claimants on behalf of Ngāti Apakura. So it’s Wai 2991, and we also represent now Wai 836. This is a claim by Patricia Henare and Vivienne Kōpua who are now known as Patricia and Vivienne Mathews Wai 836. Kia ora.

Greetings to the members of the Tribunal.

TOM BENNION

09:20:25 Tēnā koutou katoa. Tēnā koutou te tēpu.

I appear – Mr Bennion here Sir, appearing I think very much as the younger brother perhaps. I think Mr, Mr Gilling of course is – I’m in very capable hands with him today. So I’m presenting for the section of Ngāti Apakura claimants under the heading, under that number Wai 1469 and I’m privileged to be with such excellent counsel and ably supported today

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Sir, thank you.

JASON POU

09:21:02 Kia ora tātou, Jason Pou Sir. Nobody’s sacked me yet, so the list remains the same.

TAVAKE AFEAKI

09:21:11 Tēnā koutou, e ngā mema o te tēpu, ā huri noa ki a koutou o te Karauna. Ki a koutou mā o te Rohe Pōtae, huri noa, huri noa, te Kīngitanga, tēnā koutou katoa.

Greetings to the Waitangi Tribunal, to the Crown counsel and to the people of Te Rohe Pōtae and of the King Movement.

Afeaki Sir appearing. The same clients. No changes there, and thank you for the introduction Sir. Kia ora mai tātou.

ANNETTE SYKES

09:21:33 Kia ora anō tātou e huihui mai nei i runga i te karanga o tēnei kaupapa hōhonu mō koutou, Maniapoto.

Koinei te reo tuatahi mō ngā wāhine pea, wāhine mā, mō tēnei huihuinga. Tēnā koutou katoa. Kia ora te tēpu, te Rōpū Whakamana i te Tiriti. Ko au tētahi o ngā rōia hei āwhina i ngā kaitono mai i Maniapoto. He maha ngā kerēme i runga i te whakaaro o tēnei wiki, kei te haere tonu ngā kaupapa.

Greetings to everyone gathered here on this matter all the people of Maniapoto.

I’m the first voice of the womanhood this morning, so greetings to the members of the Tribunal. I am one of the counsel assisting claimants from Maniapoto. I have many claims because this week -

So I’d just like to note that I’m here representing also claimants also for Mr Armstrong who won’t be here at the beginning of the week, and I will be seeking leave to urgently do a preventative detention sentencing in the High Court in Rotorua which may take all day Wednesday, and I seek

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leave to be absent for the purposes of the High Court’s directions.

Sir I also would like to note that we have not given evidence this week, mainly because of time. We have elected for the Ngāti Paretekawa claimants we represent to have our evidence heard at Napinapi Marae later in the hearing. And we withdraw the threads of the raupatu at Taranaki and the raupatu that occurred in Waikato at that time, and there aresignificant number of claimants involved in that.

JUDGE AMBLER

Kia ora thank you Ms Sykes and leave is granted.

CAMERON HOCKLEY

E ngā rangatira o te tēpu tēnā kōutou. E ngā rangatira o te whenua, tēnā koutou, kia ora koutou katoa.

Counsel’s name is Hockly appearing for Ngāti Te Wehi. Now also one correction, I am appearing for the office of Te Mata a Maui Law, kia ora.

Greetings to the members of the Tribunal and the claimants.

DOMINIC WILSON

09:23:24 Tēnā koutou katoa. Counsel’s name is Mr Wilson. May it please the Tribunal, I’d like to appear for the usual group of clients for (inaudible 09:23:32) Williams and Davies, and that includes of course the clients that work with – predominantly with Mr Williams and Ms Arapere. Ā kia ora

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tātou.

KIRIKAIAHI ALBERT

Kia ora mai tātou. E tautoko ana i ngā mihi kua mihia ki a koutou te haukāinga, koutou mā o Ngāti Maniapoto hoko, ā ki a koutou o te tēpu.

May it please the Tribunal, counsel’s name is Albert and I appear for the same claimants, kia ora.

Greetings I endorce the mihi of my previous people to Ngāti Maniapoto, and to the members of the Tribunal.

PETER JOHNSTON

09:24:02 Yes may it please the Tribunal, counsel’s name is Johnston. Sir no changes from last time, although do note that Ms Sarich will be joining me on Friday Sir.

ALEX HOPE

09:24:17 Tēnā tātou. Tōku ingoa ko Alex Hope. Ko au te māngai mō ētahi o ngā hapū o Maniapoto ā tata ki Te Kūiti. Mihi atu au ki a koutou ngā iwi o te Rohe Pōtae. Kei te mihi hoki au ki a Ngāti Kauwhata kei waenganui i ā tātou i tēnei wā. Ko au tērā, he hungaonga ā ko āku tamahine he uri o te whānau Kereama o Ngāti Kauwhata. No reira, tēnā koutou.

Huri noa ki te Taraipiunara me āku hoa roia i konei, kei te mihi kau atu ki a koutou katoa.

My name is Alex Hope. I am the legal counsel for some of the hapū of Maniapoto around the Te Kūiti area. Observations, greetings to the people of Te Rohe Pōtae and also to Ngāti Te Kauwhata amongst us here today. I am an in-law. My daughters are of the Kereama family of Ngāti Kauwhata, so I greet you all.

Greetings to the Waitangi Tribunal and fellow lawyers, greetings.

HEMI TE NAHU

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09:25:17 Tēnā koutou katoa. Ka nui te mihi ki a koutou te haukāinga. Tēnā koutou mō tō pōhiri mai kia tūwhera i te wānanga i te ata nei. Ki te tēpu, tēnā koutou katoa. Ngā rōia, ngā mihi, ngā mihi.

Warmest greetings to the home people and who have come here to this week. Greetings to the Tribunal, fellow lawyers.

Counsel’s name is Te Nahu. I appear with Mr Murdoch. No changes to the claim’s representatives.

YASHVEEN SINGH

Kia ora, counsel’s name is Singh, and there are no changes to the claimants list.

JUDGE AMBLER

That’s all counsel. Can I just check to see if there are any unrepresented claimants who wish to indicate their attendance that is if you do not have counsel representing you today, if you could just come forward? Otherwise before we get under way, the acoustics are not terrific in this room. I think there is some sort of speaker system, but counsel towards the back, you are just going to have to elevate your voice. Can I just check though, can you hear us, hear me well enough, yes? And to all the audience? And we have a bit of a blockage with the big pou in the middle here, but I do not think we can shift it. so we will just have to perceiver. Mr Bennion, I think we are beginning with you.

TOM BENNION

Tēnā koutou katoa. Koutou, once again, te Tēpu. Sir I think

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I think you have a copies of my opening submissions and I assume the Crown – there’s a spare copy there Sir. For other counsel and I apologise, I think I filed this at 8.30 this morning and it’ll be there electronically for you and we’ll get other copies made.

JUDGE AMBLER

I do not have a physical copy, but I am about to find the electronic copy I hope.

TOM BENNION

Sir there is physical – I can only say Sir, this reflects the caution with which these submissions are put together because we are in a very, as you have noted and others have noted, we are in a very sensitive area, and requires a lot of careful thought. So the submissions are relatively brief, but every word has been carefully weighted. So let me, let me proceed. So these submissions are opening submissions. They are presented on behalf of claimants 1469 and 2291 and the people who are involved in those claims, named on them, but others of course, but the names are Jenny Charman, Jack Cunningham, Rangi Teepa Huriwaka, Te Rā Wright, Raymond Fenton, Gordon Lennox, to give you a flavour of the – they are people who are named on the claims and of course, people supporting in the background as well.

Now they bring their claims before the tribunal and we use this phrase and we’ll explore this a little. Ngāti Apakura te

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iwi. The claimants you’ll hear today will focus on how the Crown’s actions during the Waikato war and the subsequent land confiscations have caused extreme losses and harm to Ngāti Apakura and their iwi identity.

Sir and I just want to take a brief moment here to say, in these submissions, I am not going to go into the war issues. You are going to hear a lot of about that and that’s difficult evidence, but just to make two quick points.

The first is that the incident, let’s call it an incident, we may have other words, at Rangiaowhia. We know a lot about that, but the thing that struck me Sir putting the submissions together is that this is the moment after that event, where it is said that Wiremu Tāmihana became personally involved in the fighting. The one and only time at the defence of Hairini on the next day on the 22nd of February.

0930 And he said he did that, he said, “Because my hand did not strike the Pākehā during the war until that battle at Hairini, then for the first time my hand struck. My anger being great about my dead murdered and burnt with fire at Rangiaowhia. So that is obviously a very significantly event that we’ll be looking at this week. The other thing to say Sir just in relation to this, is to add is, it is important that these events are carefully recorded by the Tribunal in its report in my submission, and I say this for two reasons.

The first is that in preparation for this hearing, there was some outreach to Pākehā parts of the community about evidence on this issue, and as a lawyer, I was surprised at

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the misunderstanding and the misinformation out there about the events at .Rangiaowhia. Some quite clear misunderstandings, even comments such as children being used as human shields and matters like that, just truly shocking misunderstandings out there in the community. I think perhaps also the fact that yesterday when we stopped at the Ōrākau Pā site on that site visit, I understand I think the site visit – the site booklet records it, the bus was on the pā site. That we may have been sitting on that bus with a road right through that most significant battle site and is there any better indication of the poor way in which these things are understood and been dealt with up to today.

So coming back to the submission.

Ngāti Apakura identity:

Prior to the war and land confiscations, Ngāti Apakura were an extremely influential and prosperous iwi along with others, but they were particularly prosperous. The war and land confiscations we say not only caused the lost and destruction of Apakura lives and prosperity but also fragmentation of the Ngāti Apakura iwi identity. And following the war and land confiscations, the many united components of Ngāti Apakura were forced to separate and flee great distances, sought refuge with their Maniapoto, Waikato and Hikairo kin. So they sought refuge there among others, and the evidence from the claimants will demonstrate the significant Ngāti Apakura whakapapa connections with all of these groups, and they are of course significant.

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Now the distortions of Ngāti Apakura identity that have in particular been – have in particular, we say, been aggravated by the position of the confiscation line at the Puniu River. Now that line came into being as a confiscation line following the sacking of Kihikihi and a strategic decision to pause military operation for the winter.

So that’s where that line arises, and it cuts through the Ngāti Apakura ancestral rohe and that in turn has worked to cut through Ngāti Apakura te iwi identity. And I just wanted to on that score, take you to just one of the maps. That map there on the O and T report which for me perhaps summarises it quite well, which is here are marae today. You can see Kahotea here, and Tāne Hopuwai right down to the south, south of Te Kūiti. And then you see Apakura Marae, marae with Apakura identity attached to them is prob – more correct isn’t it, over at Kāwhia. And here are historic pā in this area. For me that demonstrates the dispersion and its effect. There are – that’s an untouched area in terms of the confiscation line, but of course we have a confiscation line running through this area here. So just to illustrate I think that’s a map way of illustrating some of that distortion, and that’s in the O and T report.

Now because of the actions of the Crown, Ngāti Apakura identity has become distorted and fragmented. Now it’s possible to view Ngāti Apakura identities today as a hapū of Ngāti Maniapoto, that’s clear. Many sources list Apakura as a hapū of Ngāti Maniapoto and that’s especially evident in material that represents Maniapoto and Apakura identity

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since the war and land confiscations.

0935 Secondly, a hapū of Waikato. Many sources list Apakura as a hapū of Waikato, more specifically since 1946 as a hpau of Waikato-Tainui and of course that’s recorded in the Waikato-Tainui Settlement Act as it should be appropriate. Again it’s especially evidence in material that represents the Waikato identity since the war and confiscations.

And then – and we take this in particular it’s supported we say by the oral and traditional report, Ngāti Apakura Te Iwi. That’s an identity based on strong evidence of historical iwi status, and, and this is recorded in that Oral and Traditional Report, “and the claimants continued association with that identity.

So the claimants bring their claims within this inquiry, they – under the heading of Ngāti Apakura Te Iwi. You will also hear from Ngāti Apakura claimants other claimants and not those presenting today, but others who will identify as Ngāti Maniapoto clearly, in the inquiry. So we say that Ngāti Apakura Te Iwi are placed in a difficult situation.

Forced to seek refuge with the Maniapoto and Waikato kin among others, Ngāti Apakura, Maniapoto and Waikato identities have been strengthened, and those identities have developed over many decades that have now passed since the law and land confiscations, and those are, to an extent of course, a manifestation of tikanga, appropriate tikanga themselves, to an extent. And the claimants do not seek to undermine these identities. They wish to highlight their

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complexities, and the role the Crown has in fact played in creating these difficulties.

So the fragmentation of Ngāti Apakura Te Iwi identity means that Ngāti Apakura does not fit neatly in any of the boxes created by the Crown in its Treaty claims and settlement policies. Ngāti Apakura Te Iwi acknowledges their close Maniapoto-Waikato connections, however, they stand today in these proceedings as also a distinct group themselves.

So turning to the settlements, in particular, the settlements that have occurred so far, because we know this is a particular issue this Tribunal has to grapple with. It’s not allowed to – it’s prohibited from looking again at the Waikato-Tainui Settlement and that’s appropriate of course, because you have got to settle things. But what’s remaining? What’s left undone?

So some redress has been provided by the Crown to the Waikato arm of Ngāti Apakura through the various Waikato Settlement Processes including the Sim Commission 1927, the settlements of 1946, 1995 and 2010.

The definition of Tainui tribes in the 1946 legislation used the confiscation line, and this is where we say the problem is, again to cut through Ngāti Apakura Te Iwi identities, and that definition formed the basis of course the Tainui Māori Trust Board and that’s shaped the resulting Waikato Settlement Processes since.

By 1948, 33 hapū had been identified and subsequently

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defined as Waikato-Tainui, including Apakura hapū. These 33 hapū are now listed in the first schedule to the rules of Te Kauhanganui o Waikato incorporated on it and of those hapū, oh no. Of those hapū, there are three that can be said to descend from the tūpuna Apakura. That’s Ngāti Apakura, Ngāti Hikairo and Ngāti Puhiawe, and I think we got Hikairo evidence later this week that will explore links too. And we’ll see there’s some rubbing of shoulders going to go on with that evidence as well, but that’s all part, part of the mix.

However, the claimants will present evidence today, that shows that the Waikato Settlement Process has addressed just one part of Apakura Te Iwi grievances and that in fact the claimants claim issues transcend the confiscation line and their Waikato affiliations. And that’s the basis of the Apakura Te Iwi claims within this inquiry.

Sir if I can briefly, just this is my last jubilation here is, I’ve been searching for a suitable way to talk about this, but I guess the idea here is that if you have something, an object, and you break it apart, something that was whole is broken apart, we think there’s been a good job done on fixing one half of the whole. But of course there’s another half and then there’s the thing that’s been broken, so it doesn’t – that’s the gap that we see in simple terms.

Ngāti Apakura Te Iwi has continuously sought justice for the extreme loss caused by the Waikato war and subsequent land confiscations and they continue this journey today.

0940 They are seeking proper recognition of Ngāti Apakura Te Iwi,

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proper recognition we say, and the restoration of their connection to Ngāti Apakura core lands. Now that’s going to obviously be a matter of further exploration and we’ve got closing submissions as well.

So Sir that is the brief opening statement. Can I now turn to – unless you have questions on that, Sir I want to turn to a couple of evidential issues?

Sir, so you’re going to hear from three Apakura witnesses before 11 o’clock if I can get myself away here, and I just want to – there’s three things that I’ve just emailed to the Tribunal registrar this morning, and I’ve passed to my friend for the Crown, and had a brief chat with him about them. They are these:

First, Ms Charman, Jenny Charman has got an Appendix A. And I think in the copy you’ve got that was filed, that was restricted, said “Restricted” on it. And I had put up a provisional memo to seek certain restrictions on it.

I’ve spoken further with Jenny and it’s a two-page discussion about Uenuku and I’ll – she’ll provide that with her evidence and my friend has a copy and I think, I think the indications are the usual – he’s happy to abide with the usual situation of, if he has any questions he’ll put them in writing or seek to put them later after the hearing.

JUDGE AMBLER

So just so I am clear, there is no confidentiality sought?

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TOM BENNION

Not now Sir, no.

JUDGE AMBLER

No.

TOM BENNION

There was – we’ve had discussions and we were concerned about this short discussion about Uenuku and it’s very personally held account, but Jenny’s happy now I think today to present it, and she says after that it’s for – it’s out.

JUDGE AMBLER

Mmm.

TOM BENNION

So that’s how I understand the situation Sir, and perhaps we can ask her again when she appears just to triple confirm the situation, but that – it’s been – I’ve already filed it with the registrar.

JUDGE AMBLER

Yes all right. Well the point that we have made over the past few years going back to the Ngā Kōrero Tuku Iho is that witnesses need to make a call themselves initially as to

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whether they want to share what they consider to be particularly tapu kōrero and the decision really focuses on whether it is going to assist the claims, and so I just remind you of that and I leave that with you. Now there are a couple of other matters?

TOM BENNION

Yes two other matters Sir. I filed also and seek leave now for a short brief from Hazel Wander to be put on the record, and she’s a – and she would like to sit up here and help, and assist with the presentation. And there’s also a brief this afternoon from Tom Roa. These are relatively brief three or four pages. Sir they’ve come in late mmm well, on a basis of I guess these complex questions about Apakura and who was going to speak, and what would be said. And there’s some very interesting comments in both I think.

Now I am seeking leave on the basis that they’ll be presented within the timeframes that we’ve got today, perhaps not all presented. Perhaps just speak to the key parts if there’s not time. And again, I understand my friend for the Crown is happy on the – to take them on the basis that if he’s got any questions, he can put them later after this week.

Sir so I intended just to proceed with the first three witnesses, ah, four it will be. Te Rā Wright, Jenny Charman, Tame Tūwhāngai and Hazel Wander. And I understand they’re going to sit here and – together and then briefly present each of their briefs.

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JUDGE AMBLER

All right, that is if I just check with Mr Melvin. Then what is the Crown’s position on this late evidence?

GEOFFREY MELVIN

Sir, Crown doesn’t oppose it being filed and added to the record of inquiry. Crown will abide with the Tribunal’s decision on that but if it is to be added to the record then we have to seek leave to file questions in writing after the hearing, if we have any, and if we are not able to put them today.

0945 JUDGE AMBLER

All right thank you. Can I clarify one matter with you Mr Bennion because as you have pointed out, we are walking a narrow path here, in light of the Waikato-Tainui Settlement Legislation and the extent to which we can look into these grievances to do with the raupatu, and I am left a little bit unclear – you have made the point at paragraph 8 about the identities of Ngāti Apakura, hapū of Ngāti Maniapoto, hapū of Waikato and then an iwi in itself. And you say that the claimants bring their claim within this inquiry as Ngāti Apakura Te Iwi. So that’s the Ngāti Apakura that you represent?

TOM BENNION

Ha, Sir –

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JUDGE AMBLER

Are we going to hear from others who are saying they – this week who say that they are presenting claims as a hapū of Ngāti Maniapoto or not?

TOM BENNION

I think in subsequent weeks, you are going to be hearing I understand, not my clients or clients today I understand, but later in the hearing, you will be hearing from people who are Ngāti Apakura who are saying, “We’re hapū of Maniapoto.” That’s just my understanding from what we’ve seen on the record.

For the clients you will hear from today, well certainly from my clients and I think Ms Wylie will correct if I’m wrong on this, for her clients. But we are saying those three identities apply, hapū of Maniapoto, hapū of Waikato and Ngāti Apakura Te Iwi and we apply those three and simply say that in as far as the Waikato Settlement Act says you can’t talk about aspects of settlement that had to do with Apakura as that hapū of Waikato then we accept that – we have to accept legally we can’t go there. Although for example for Ms Wylie’s client’s Mr - the Lennox brothers are pretty unhappy about some aspects of that settlement. They accept that point, and anyway their claim’s about – their claims are at Kāwhia. That Kāwhia iwi which is clearly outside the confiscation line anyway. So you’ve got a broader path to follow there, yes. Did that assist?

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JUDGE AMBLER

Thank you. Proceed.

TOM BENNION

So if we can have – if Jenny and Te Rā and Hazel and Tame.

TE RĀ WRIGHT

09:48:57 Kia ora tātou katoa. Arā ki a koutou ngā rangatira e noho rā i tō tēpu, tēnā koutou katoa. Taku ingoa ko Te Rā Wright.

Greetings everyone and the members of the Waitangi Tribunal.

Taku ingoa ko Te Rā Wright. I was born in 1940. My father was Tame Te Rātu

My name is Te Ra Wright. I was born in 1940. My father was Tame Teratu Papa my mother was Pera Hurihuri Tuawairingangawaka. I am the chair of Tānehopuwai marae committee. My evidence relates to two Ngāti Apakura marae near Te Kuiti and events during the wars. I was born and raised at Tānehopuwai. The name of the block is Pukenui 1B7C – about 5 miles south of Te Kuiti. When Apakura came here some Tūhoe people came with us, and I say us because I’m still part of those people who came here. The Tūhoe people later went and when they did

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some Apakura people went with them. There are two marae on this land. One is called Tānehopuwai and the other Mangarama. They are next door to each other. They are separated by the cemetery named Taupirikuo. My mother and father lived in Te Kuiti when I was little and we would go back to live at Tānehopuwai to manage the gardens with others. They supplied food to people generally to the Maniapoto and Waikato poukais each year around Easter. During the New Zealand Wars one of these marae, Mangarama, had Kīngitanga people there who had escaped from the government troops. Tānehopuwai marae fed them. The people used seeds and other growing materials brought from Rangiaowhia. They tried to do all the things at Tānehopuwai that they had been doing at Rangiaowhia. So I remember as a child many different types of fruit and vegetables growing there. Ngāti Maniapoto in Te Kuiti wanted to develop their own poukai following the Pou Kai of the Kīngitanga. We helped them with that. The old people at first had their own Pou Kai over at Tānehopuwai. Someone would be nominated to collect money and it would be taken to the Waikato to help the Kingitanga movement. But later we swapped over to the big marae at Te Kūiti. We supported them in holding the poukai there.

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The cemetery between the marae is named Taupiri, after the one in Waikato. When Waikato came back from Taranaki with their wounded and dead they had to bury them somewhere and they used the cemetery. When the soldiers finally returned to Waikato they told Tāwhiao what had happened he said to call the cemetery Taupiri. The hill on which it sits is called Tairiki. The Tānehopuwai land was gifted from the chiefs of Ngāti Maniapoto. We are kaitiaki of the land and we are happy with that. I don’t know when exactly it was established but it was during the time of the land wars. I have a kōrero here that was given to me by letter and it was Mr Gerry Ormsby who wrote the letter.

09:53:04 Tēnei kōrero nā Here Omipi nō Ngāti Maniapoto. He kōrero mō tā mātou tupuna ko Wha[rao?] tōna ingoa. Whānau mai ia ki Pirongia.

Tīmatanga tuhituhinga: Ngā tūpuna e noho rā ki Tānehopuwai i whai mai rātou i a Ngāti Maniapoto i te wā e patua ai a Waikato e te Pākehā. Ko Ngāti Apakura rātou i te wā e noho ana ki Tānehopuwai. I tae rātou me ō rātou pakeke ki Tāwharakaiatua, ka patua haere te Pākehā, ka horo mai ki Tāwhirikaiatua, ki Paterangi, tae atu ki runga ngā maunga o Tūhoe. Ka huri ki Ōrakau i te nui i mate i te pakanga nei. Nā…tātou tupuna anō a Taonui mā i

This word is from Henry Ormsby pertaining to our ancestor. His name is Wharo. He was born at Pirongia, and the ancestors at Tāne Hopuwae followed Ngāti Maniapoto. At the time that the Pākehā was attacking Waikato. They are Ngāti Apakura when they were living at Tānehopuwai. They arrived with their elders to Tawharakaiatua and they were attacked by the Pākehā and they fled to Tawhirikaiatua to Paterangi and unto the Tūhoe mountains. And they turned to Ōrākau, many perished in this battle. It was our ancestors, was Taonui and others who located them there, and their hapū name there was Ngāti Tūpato. I am not able to give their geneology but there was an expert there, a

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whakanoho ki reira, ko te ingoa hapū i kona ko Ngāti Tūpato. Kāore au e kaha ki te rārangi tō rātou tātai, engari he wahine i reira, he tohunga, ko Wharo tōna ingoa. I whānau mai tēnei kuia ki Pirongia, he tupuna nāku. Ngā ingoa o ana tuāhine ko Tiraha me Tiahuka.

woman. Her name was Wharo. She was born at Pirongia. She was an ancestor of mine. Her sisters were Tiraha and Te Ahuka.

0955 Attached is a list of people who fled from the Waikato.

Attached is a list of the people who fled from the Waikato. Our kaumātua Kingi Heke and Micky Tautoko Ratu put this list together in 1995. They have both since died. When we began looking into this claim we researched issues that had come up with the land at Tānehopuwai. I attach a summary of problems that have come up. (Original documents can be provided). We almost lost the land in the late 1970s and early 1980s due to a bad lease and poor enforcement by the Māori Trustee. There has never been any recognition in any official dealings that the origins of this land and marae are special and special care should be taken given that it is one of the few small pieces left to Ngāti Apakura.

Te Ra Wright

JUDGE AMBLER

Mr Melvin.

GEOFFREY MELVIN

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Thank you Sir. Tēnā koe Ms Wright.

TE RĀ WRIGHT

Thank you.

GEOFFREY MELVIN

I just – you’ve explained the origins of the land at Tāne Hopuwae, and you’ve explained that it was gifted around the time of the land wars.

TE RĀ WRIGHT

Yes.

GEOFFREY MELVIN

Could you just explain a little the origins of the other marae that you’ve referred to in your brief of evidence, Mangarama?

TE RĀ WRIGHT

Mangarama is basically the same people. The thing is that there was this hill between the two areas and so one of the relations of those people decided he’ll – they’ll build their marae, not knowing that they were to be the ones to look after our people from Waikato. And Tāne Hopuwai were the people who actually grew food and supported them that way, the Mangarama Marae.

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GEOFFREY MELVIN

so the land at Mangarama was held before the land at Tāne Hopuwai was gifted?

TE RĀ WRIGHT

No they were both on the same block of land.

GEOFFREY MELVIN

So they’re both gifted?

TE RĀ WRIGHT

And those two maraes was on that block.

GEOFFREY MELVIN

Right. And they’re still –

TE RĀ WRIGHT

And they’re still there.

GEOFFREY MELVIN

Still there and used as Apakura Marae today?

TE RĀ WRIGHT

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Yeah.

GEOFFREY MELVIN

Thank you.

TE RĀ WRIGHT

Kia ora.

GEOFFREY MELVIN

Thank you Sir.

JUDGE AMBLER

09:58:32

Thank you, other counsel?

No. Tēnā koe. Kia ora mō āu kōrero.

Just two matters Te Rā, at paragraph 1.15 you refer to the letter from Jerry Ormsby –

Thank you for your evidence.

TE RĀ WRIGHT

Yes.

JUDGE AMBLER

And there were some small additions in what you read out to what is typed in the brief?

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TE RĀ WRIGHT

Yes.

JUDGE AMBLER

I just wondered, are you going to be able to file a copy of the original letter?

TE RĀ WRIGHT

I need to go back to the son who gave me that letter.

JUDGE AMBLER

I see, but those additional bits that you read out are actually from the letter?

TE RĀ WRIGHT

Yes.

JUDGE AMBLER

Okay thank you. And at paragraph 1.16 you refer to the Appendix A which is the list of those who fled from Waikato, and I just want to be clear on what you are referring to. I am assuming that this is what is #K18(a) Mr Bennion?

TOM BENNION

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Yes Sir, would be #K18(a) if it’s got the, it’s got a cover page and –

JUDGE AMBLER

It has got a cover page.

TOM BENNION

And it reads like a whakapapa in a sense.

JUDGE AMBLER

1000

Yes well that was going to be my question is that I had a brief look at that and it is headed up as a whakapapa, and there are a series of whakapapa and I just wanted to be clear on what your understanding is of the actual individuals that are identified in that whakapapa as having fled, than those who actually left.

TE RĀ WRIGHT

Well the kuia that’s been mentioned in Mr Ormsby’s letter refers to her as a tohunga, and she was, and she was part of that group that fled when the soldiers were chasing them, and she also had her sister. Her own mother was named Ani None from Waikato. I mean in the – even though we’re part of this claim in terms of what we saw as an injustice, we have not denied that we’re not Waikato, because we helped look after them when they came back after my tūpuna came to Maniapoto.

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JUDGE AMBLER

I guess – all right. I guess what I am wanting to know is how we should read that document in terms of where we find the names in the whakapapa list of those who were the individuals who actually fled?

TE RĀ WRIGHT

There are still some people – well most of the people who are still alive now have died since then, but we have the issues with us and they’re still around.

JUDGE AMBLER

All right thank you.

TE RĀ WRIGHT

I have two grandmothers from Waikato, so why should I deny him?

JUDGE AMBLER

Mr Bennion anything arising?

TOM BENNION

Just, well, just to be clear Te Rā do you have attached to your evidence, do you see the list of names at the back?

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TE RĀ WRIGHT

Yes.

TOM BENNION

Do you see that list that you provided and it says, and you said, “They sat down and did a list of who had fled.”

TE RĀ WRIGHT

Yes.

TOM BENNION

See that? Now the question, just the question that arises is, if you read that list, it looks like a whakapapa setting out, and I think, wanting to be clear about which – is there a – are there only a few names there? Is it a whakapapa for a couple of people who fled or are all the names in that list, people who fled?

TE RĀ WRIGHT

Well if I gave this whakapapa to those people sitting there, they know all those people.

TOM BENNION

Oh.

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TE RĀ WRIGHT

And I’m quite happy to do that.

TOM BENNION

Okay, no thanks Te Rā. Sir the next will be Jenny Charman.

TE RĀ WRIGHT

Ko mutu?

JENNY CHARMAN

10:03:36 Tēnā koutou ngā kaumātua o te rohe. Tēnā koutou ki taku kuia, Aunty Mangu. Tēnā koutou ki te tēpu me te Karauna.

Greetings to the elders of Te Rohe Pōtae and to my grand Dame Aunty Manu. Greetings to the Waitangi Tribunal and to the Crown representatives.

This morning I’m going to talk about the paper that was given to you earlier on, which I restricted. It was mainly that I didn’t want it bandied around before I got here. It wasn’t that they couldn’t have it, but just that I needed to talk to it first.

This kōrero has been given to me from our ancestors, from a chieftain known as Ueuenuku o Tawhau. I’ve been given this orally therefore, I cannot know piece until this story has been told. This is an old man’s vision for the survival of his people for the future generations to come.

This came to him in a dream, how his people could survive. This man was a chieftain of Ngāti Apakura in Kāwhia named

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Ueuenuku o Tawhau and he was 65 years old and the year was 1365. He’s a humble man, a wise man, ahead of his time and his thinking. A man at one with all that is.

Ueuenuku o Tawhau had two sons had two sons. The first born Ngāti Toa Nuku o Tawhau was like his father born of base world, of spirit and the earth.

The second born Napinapi Nuku o Tawhau was of the earth and believed that his father did not look upon him in favour as he did his brother. There was conflict between them as they grew up.

In the old man’s vision, he has shown that his sons were to leave the place of their birth, to set foot in new lands, so those people may prosper to become many. For if this was not to be, the conflict between his sons would surely bring an end to the people of Ngāti Apakura of Kāwhia.

The ancestors spoke. They were to take the name Uenuku as their last name, as a sign that a dawn of a new beginning was upon them for their people. He knew his sons had to journey out of Kāwhia as his people were vulnerable to attack on the coast, as they were living in a Bay, and if an attack came from inland, they were trapped by the sea, and if there was an attack from the sea, they were trapped in the Bay.

Also the ancestors showed him that the people needed a balanced food source which he thought this could be gained by fishing the waters and growing crops. Sadly the land was

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too rugged and harsh with the sea salt killing anything that was grown. So to ensure the survival of his people, the old man’s vision came to be. He instructed his sons to gather a third of their people each for a journey further inland and a new beginning.

The son, the first son chose people of the earth for crops. He lives for his people’s wellbeing. Fishermen for the rivers then warriors and hunters for the journey. His father was pleased.

The second chose warriors, hunters and women that could weave, and make clothing, cook and heal, and his father was pleased.

The two sons were given a carving each, similar but the same, but different at the same time. One carving survived in the Rohe Pōtae yet to be found by people, and the other in the museum carries the spirit of the ancestors with them. They journeyed out with the people following them.

When they got to Waitomo, they split off. Ngāti Toa Otawhau Uenuku travelled to Ngāroto and Napinapi Otawhau Uenuku travelled down to what is known today as Napinapi.

The father Ueuenuku Otawhau had requested the brothers to live in harmony together. The oldest brother known as Ngato Toa Otawhau Uenuku followed his father’s wishes, but the second Napinapi Otawhau Uenuku did not for he was power hungry, and felt his father did not gaze upon him like

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his brother. So conflict was again between the brothers.

Each brother in time had sons. Ngāti Toa had a son named Tūārangi Ngāti Toa Uenuku and Napinapi had a son named Raukawa Te Tipi Otawhau Uenuku.

There’s a spelling mistake in there.

To try to keep peace between the two brothers, the ancestors came to Ngāti Toa in a vision and told them that peace could be gained by the two brothers swapping sons to ensure harmony between the people.

Fearing to upset the ancestors, Napinapi agreed. Raukawa Te Tipi came up to Ngāroto. Tūārangi went to live down in the Rohe Pōtae.

And that is my story.

TOM BENNION

Jenny do you want to – Jenny? Do you want to move to your main brief of evidence and just read that through or present the parts of that that you want to present, okay?

JENNY CHARMAN

My full name Jenny Anne Charman. I was born in 1945. My father was Tāmihana Manaia my mother was Te Winia Henare.

I am a co‐ordinator for Ngāti Apakura.

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We have left it to the extensive oral and traditional report to explain who Ngāti Apakura are and why we are a distinct group, but are also considered today to be a hapū of Waikato as well as Ngāti Maniapoto. That unusual situation is a direct consequence of the war and confiscations, and the confiscation line being at the Puniu River. To help you understand more about the nature of Ngāti Apakura, my evidence first discusses Uenuku. I then discuss the war and it impacts. And I think when we went on the trail yesterday, we explained that, some of that. I then go on to explain how issues about Ngāti Apakura identity and the impact of the confiscation boundary arises in all the things that Ngāti Apakura does, whether it be development of marae, or in work on river and stream issues, wāhi tapu and similar matters. Now most of that refers to all the work that we did in the past years. We have done Uenuku. Rangiaowhia, Hairini, Kihikihi, Ōrākau Ngāti Apakura was a major supporter of the Kīngitanga when

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it was established. The King’s first council was selected at Rangiaowhia. Rangiaowhia was at that time a major producer of food in the district. Here is a sketch from March 1864 showing the fields full of food. The killings at Rangiaowhia and subsequent events at Hairini, Kihikihi and Ōrākau are well covered by others and in reports. It is our belief that the outrage over what occurred at Rangiaowhia led in part of the desperate decision to stand and fight at Ōrākau. Here is the information board at Rangiaowhia recording that the settlement was undefended and inhabited by women, children and the elderly.

TOM BENNION

Jenny, we’ve got some of those images but not all of them, so if you keep reading and I’ll put up the ones we’ve got okay?

JENNY CHARMAN

Okay. It is said that Wiremu Tāmihana was so appalled and outraged by the attack and the killings that in the defence of Hairini on the following days it was the one and only time he directly took up arms against the Crown as you’ve heard previously by Tom.

Despite this understanding in the Māori community and church communities about what happened, I have found that there is a lack of knowledge about what truly occurred in the

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wider community. And I think that’s mainly because we had new immigrants and 'cos most of the old and Pākehā in the district, know what happened at Rangiaowhia and they didn’t agree either. We are currently planning 150 year commemoration events for February 2014. The Waipā District Council has pointed out that there is Crown land near Rangiaowhia held in public reserve and we hope that commemorations will take place on that land and that the return of it will be possible. As I said to the writers of the Oral and Traditional History report, I am here on behalf of Te Wano Turi Manu and I’m sure there are people who will talk about that lament of our tūpuna. I see it in my mind as someone that is up there on the mountain of Tītīraupenga, looking back to his homeland even though it’s some years after when he left to go. The next bit you can see is about where our marae stands today Kahotea and about the road that the Crown put through on the land that was given. It was only a little of land that was given to us and we felt a bit aggrieved that you should put a road through there. We only have a small bit of land and there were other places to put it. The impact of confiscation on Ngāti Apakura identity: We believe that the Crown has yet to appreciate the way in which Ngāti Apakura was dismembered and redefined by the

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confiscation, including by having the confiscation boundary on the Puniu river. As the oral and traditional history reports, "Given that the Apakura rohe appeared to be north and west of Kakepuku (Pūrekireki, Maketū and Mōkai Kāinga), one is inclined to question how, when and why did Apakura become a principal hapū in Ōtorohanga which is Kahotea, Te Kūiti which is Mangarama, Parekaitini and Tāne Hopuwai especially given that these are both deeds in the Rohe Pōtae at Te Kūiti. And as far south as Piopio, Mōkau (Kohunui), Awaroa (Rākaunui) and Taumarunui (Mana Ariki)." 'cos some of those people at Mana Ariki have claimed our marae as well as theirs, as part of Apakura. The story of Ngāti Apakura since 1864 has been as people of Waikato Maniapoto as well as Waikato Tainui. This can be seen in the stories of the Kahotea and Tānehopuwai Marae Te Ra has already talked about. I have attached the centenary booklet for the house Whatihua at Kahotea which contains many stories which explain our Waikato Tainui and Maniapoto links. It is no surprise given these circumstances that people had Maniapoto and Apakura connections and there is an example in that book from one of our whanaunga at Kahotea. Several stories explain how people first found out that their Marae, and their identity are linked to what happened in the war.

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Ngāti Apakura is involved with a number activities in its customary role. However it has to do that without having any land in its core customary areas, it has to constantly explain why that is the case and why its operating marae are located where they are and not in our core places such as Rangiaowhia. Ngāti Apakura was a lead group in developing an iwi management plan for the Hingakaka Battle site north east of Ngāroto lake. We went there – we went past there yesterday on our trail. "At the time of the battle the Apakura, Hikairo, and Puhiawe tribes were the principle resident iwi of the Ngāroto area. The dominance of that occupation remained until the departure of

Hikairo to Kāwhia in the 1820‐21 period and the eventual departure of Apakura to the Taupō region as a consequence of the confiscation of their ancestral lands by colonial Pākehā invasionary forces in 1864." "Nga Iwi Tōpu o Waipā and Ahi Kā Ngāti Apakura and Ngāti Hikairo as representatives of kaitiaki in their tribal area are involved in all decisions relating to their taonga." "The most significant areas of the Hingakaka Battle area are returned to customary ownership (if they are in Waipā District Council or DOC ownership), or in public ownership and/or respectfully memorialised and maintained in perpetual protection."

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Waikēria Prison: Ngāti Apakura has been involved in recent years with other iwi in the protection of wāhi tapu at Waikēria Prison which it regards as part of its area of responsibility (along with others) that prison land has been included in neighbouring settlements and there are ongoing discussions about its future and how to properly recognise all customary interests. Mangauika and Mangamauku streams: Ngāti Apakura has been involved with consultation with the Waipā District Council (“applicant”) over resource consent applications to abstract (take) water from the Mangauika Stream – sorry - for municipal supply, discharge of backwash water to the stream and a consent to abstract water from the Mangamauku Stream in the Te Rore area for rural stock supply. The Cultural Impact Assessment for that work comments on the impact of the confiscation line on tribal relationships and management of resources in the area.

1025 In these resource consents we are not alone. There are other hapū and iwi that we have to consult with. "The Mangauika flows into the Waipā at Whatiwhatihoe which was home to Tāwhiao and approximately 2000 people. Two urupā in the area are land locked and managed By the Department of Conservation. The whole area is subject to unresolved Tiriti o Waitangi claims and is “controversial from a Treaty Claims perspective.”

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Whatiwhatihoe is bisected by the Raupatu (Crown confiscation) Line but the adverse effects of Raupatu on tangata whenua communities were experienced beyond this line. Tangata whenua are concerned with past actions, including gravel extraction resulting in reforming of stream beds." Ngāti Apakura have also been involved to restore the Ngāroto Lake and the conservation management of Pirongia. Those matters will be discussed in the environmental hearing for the purposes of this raupatu hearing. They raise the same issues that is, in that in dealing with council and others over those matters. We are constantly having to explain why we have customary interests in these areas even though we don’t have marae there. We hope that the hearing and settlement of Ngāti Apakura claims in the Rohe Pōtae district will help to end the situation where we find that it is hard to get councils and others to appreciate the true nature of Ngāti Apakura, and how important our links to Rangiaowhia and Ngāroto are, even while our kāinga are no longer there and our marae are elsewhere. Kia ora.

JUDGE AMBLER

Kia ora. Mr Melvin.

GEOFFREY MELVIN

Tēnā koe Ms Charman. Thank you for your evidence. I just have one question and you may not be able to respond to it

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and it may be more appropriate for someone else, but because you put it in your evidence, I think I should address it now. But it just relates to the picture there of Rangiaowhia and it’s on page 4 of your brief of evidence. It’s the sketch that shows the two churches and the redoubt. And it’s dated March 1864, so that’s one month after the events at Rangiaowhia. They were on the 21st of February. That’s when the troops went into the –

JENNY CHARMAN

Yeah 'cos they’ve now got a redoubt there.

GEOFFREY MELVIN

Sorry?

JENNY CHARMAN

'Cos that shows the redoubt.

GEOFFREY MELVIN

Yeah, but it also shows wheat fields. Would you agree with that?

JENNY CHARMAN

Down the bottom there are you talking about?

GEOFFREY MELVIN

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Mmm yes and in fact the word, the words “wheat field” are typed in there aren’t they?

JENNY CHARMAN

Um, yes 'cos they weren’t just wheat fields there. There were also fruit trees, but most of our fruit trees kind of went at the back of the church and went straight across to like where we said Karaponia which was Roa Rakau.

GEOFFREY MELVIN

But would you agree that the sketch shows that if there was damage to crops and what was growing there, then it wasn’t complete damage that crops were still growing at Rangiaowhia following the raid there in the previous month.

JENNY CHARMAN

1030

There were still some, there were still some people living there 'cos in the Anglican Church and the Catholic Church there were still some of our people. They were kinda – I think it was Te Wherowhero – it was a relation of Te Wherowhero that was looking after the Anglican church and keeping it safe I guess.

GEOFFREY MELVIN

Thank you very much. Thank you Sir.

JUDGE AMBLER

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Kia ora, other cousel? Mr Pou.

JASON POU

Kia ora Ms Charman. Over here. I’ve only got one sequence of questions and it’s about the taking of the roadway for Puke - at Puketarata. You refer to it at paragraph 1.15 of your evidence, and what I’m just not clear about because I’ve been reading the, I’ve been reading your attachments starting at appendix A page 16. “I see that there was an application to have the land taken under the Native Land Administration Act, then Tata Hongihongi said, ‘There’s a better place for the Road to go.’ Then the district engineer says, ‘Tata Hongihongi is right.’” But then I can’t read, I can’t read the last, the last letter. And the first question is was the road still taken across the Māori land?

JENNY CHARMAN

Yes.

JASON POU

and notwithstanding that they’d have to – that the road would have to be longer going through the Māori land instead of going through the Crown land, 'cos that’s what Tata Hongihongi’s saying isn’t it?

JENNY CHARMAN

Yeah, yeah, yeah.

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JASON POU

And the district engineer is agreeing with it?

JENNY CHARMAN

Yes.

JASON POU

Are you able to shed some light and I’m sorry I just can’t read this – at page 19 of your appendix A because I see that’s from a County engineer? Is there somewhere in there – is that the reason why they are taking this extra piece of road or going over Crown land, over Māori land instead of using Crown land that’s available?

JENNY CHARMAN

We – hang on. Um, sorry.

JASON POU

It’s all right if you can’t answer the question. I’m just putting it to you because this just seems to be a blatant example of targeting Māori land for public works. That’s essentially what – and you would’ve heard Rovina talk about the taking of Tokanui was well, but that’s what I’m trying to understand –

JENNY CHARMAN

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I mean as much as we protested, they still put the road through.

JASON POU

Sir I don’t think I can take it any further until we get a proper –

JUDGE AMBLER

No thank you. Mr Bennion might be able to find a better copy of that letter.

TOM BENNION

Yes Sir I just going – the registrar was actually on to it earlier and came back to me and asked, could I get you know clarification on that and I’ve just got caught up and didn’t get back to you. My apologies Sir and I’ll undertake to do that.

JUDGE AMBLER

Thank you. Thank you Mr Pou. Tēnā koe.

JENNY CHARMAN

Kia ora.

JUDGE AMBLER

I have a few questions. At – above paragraph 1.10, you have got the photograph of the commemorative sign in

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relation to the Catholic Mission, and I see at the end of that sign, there are the closing words from “E pā tō hau” and I just wondered if there is someone who is going to speak to us this week about that waiata and its significance. Is someone going to do that?

JENNY CHARMAN

Yes.

JUDGE AMBLER

Okay kia ora. Now on a couple of occasions in your evidence at 1.12 and I think later, you speak about the lack of knowledge amongst the general Pākehā community about what happened at Rangiaotea and Mr Bennion alluded to that this morning in his subdivisions, and I just wondered if you could comment further on that?

JENNY CHARMAN

Um, well there’s a – in the case of the Maungatautiri Mountain, there were protests on what they were doing with that one, and it really had nothing to do with our people. That it was a misunderstanding on the Pākehā farmers surrounding that mountain, and they – all they could see was that Māoris were somehow interfering with their mountain. They have no idea that that mountain is customary ours, and I think that a lot of the Pākehā’s that have moved in as farmers around Rangiaowhia have no idea what happens there. The older ones they understand and they feel that

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they were in the wrong, but these were the older people that were there that time.

JUDGE AMBLER

So you are talking about older members of the Pākehā community and these are people that you have engaged with in the year?

JENNY CHARMAN

Their parents were there at that time.

JUDGE AMBLER

These are people that have passed on now?

JENNY CHARMAN

Yeah.

JUDGE AMBLER

All right, and I got the sense from what Mr Bennion was referring to that there was a recent incident where there were some tension over what happened at Rangiaowhia?

JENNY CHARMAN

Yeah there is. I don’t understand what the tension is because that’s – the churches seem to be – they were asked to come to present but they are feeling there’s some

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controversy around – I don’t know what it is because we did the hīkoi to Rangiaowhia and the children from our school actually spoke about the killing at Rangiaowhia. Now our kuias were there that day because they cleared the land with our koroua, but I don’t understand why they didn’t come. Perhaps it’s something to do with the land, I’m not sure.

JUDGE AMBLER

So you are saying that in the context of school trips, these tensions have arisen?

JENNY CHARMAN

Yes I think so.

JUDGE AMBLER

The watercolour painting that we have up on the screen at the moment, which is at page 4 of your evidence, from my recollection of the bus trip yesterday, the church was – the Anglican Church was to the south. We came to that first, and I am just a little bit confused about the Catholic chapel that is shown there. Was that further to the north?

JENNY CHARMAN

Mmm.

JUDGE AMBLER

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Yes?

JENNY CHARMAN

Yes. Actually if you looked up just from where we were parked, you would’ve seen a cemetery at –

JUDGE AMBLER

Yes.

JENNY CHARMAN

Yeah and that’s where the Catholic Church was.

JUDGE AMBLER

That’s where it was?

JENNY CHARMAN

Yes.

JUDGE AMBLER

All right, and that’s where this commemorative plaque is?

JENNY CHARMAN

Yes, yes.

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JUDGE AMBLER

So was that Catholic Church destroyed after the sacking of Rangiaowhia?

JENNY CHARMAN

No it was still standing.

JUDGE AMBLER

Yes.

JENNY CHARMAN

It had been fired at and that and, um, I think they just disbanded at about – and they rebuilt it again sometime later and they also put in a boy’s school beside it.

JUDGE AMBLER

All right, so the painting we are looking at would be looking to the east and that would be Maungatautiri that we see in the background? Is that –

JENNY CHARMAN

1040 Yes. So that was where our people went to when they were running away, some of them, and you’ll hear from one of our, our speakers later today about his tūpunas that were there.

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JUDGE AMBLER

At paragraph 1.19, you refer to the Iwi Management Plan for the Hingakaka battlefield and I see that was prepared in 2002. What became of that? What – did it achieve anything?

JENNY CHARMAN

Yeah. It achieved, um, and yeah, it gave us a place to stand I guess in the council on those areas of Ngāroto and Pirongia, because we – in that booklet is a small portion that was written by Howell on the people that were there, and it allowed us the customary to do our customary work in that area.

JUDGE AMBLER

So that’s in relation to the Hingakaka site and Ngāroto?

JENNY CHARMAN

Yes.

JUDGE AMBLER

But I sense from your evidence that for Ngāti Apakura that you still encounter difficulties in dealing with the local council in terms of recognition?

JENNY CHARMAN

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Yes.

JUDGE AMBLER

Yes?

JENNY CHARMAN

Yeah.

JUDGE AMBLER

And in other Treaty settlements that have taken place, that seems to be a key element of a term of settlement. So is that something that you’re looking for?

JENNY CHARMAN

Yes.

JUDGE AMBLER

All right. Thank you. Mr Bennion.

TOM BENNION

Yes, Sir on the issue of location of things, I think well, we can address with the oral and traditional people with the maps and those matters, so I’ve got nothing further Sir. Thanks Jenny.

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JUDGE AMBLER

Kia ora.

JENNY CHARMAN

Thank you.

TOM BENNION

Tame, Tame Tūwhāngai Sir. It’s #K19.

TAME TŪWHĀNGAI

10:42:52 Tihei hurihuri, tihei nakonako, tihei mauri ora. Ko te tīmatanga o te whakaaro nui me wehi ki tō tātou nei Matua nui i te rangi, nāna te tīmatanga me te whakaotinga o ngā mea katoa. He mihi hoki ki tō tātou Kīngi Māori, a Tūheitia, puta noa ki te whare kāhui ariki nui tonu, pai mārire ki a ia. Ki ngā kanohi kua ngaro, kei te tangi tonu ki a rātou mā kua haere kei tua o te ārai. Kia whakahuihuia ki ō mātou kia tangihia, kia mīhia, kia poroporoakitia. Nō reira, ahakoa te tāruru o tō tātou aroha e ngā mate, haere, haere, haere atu rā. Hoki mai ki a tātou ngā kanohi ora, nō reira i runga i te kaupapa karanga o te rā, e ngā rangatira o te Waitangi Taraipiunara, ā hoki atu e ngā iwi, e ngā reo, e ngā karangamaha, tēnā koutou, tēnā koutou, tēnā tātou katoa.

My name is Tame Tūwhāngai. I was born in a small coastal town of Kāwhia in the early 1960s and raised on the south side of Kāwhia Harbour. My parents being Joe Tio

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Tūwhāngai and Lena Matāra Tūwhāngai (nee Barrett).

I reside in Taumarunui. I’ve been married for 26 years to my wife Shirley Thelma Miriama Tūwhāngai. She was born in Taumarunui is of the tribe of Ngāti Tūwharetoa. She and my four children and two mokopuna are direct descendants of the late nineteenth century Ngāti Tūwharetoa chief Kīngi Te Herekiekie of thermal region of Tokaanu, Lake Taupō, who showed his manaaki and aroha to those particular tūpuna of Ngāti Apakura, desperately seeking refuge and a home so long ago.

In my relating to this brief of evidence in front of the Waitangi Tribunal of Ngāti Apakura, it became apparent and obvious to me the interwoven relationships being intertwined in that time within the surging maddened mix of war and raupatu, frequently impacted on those tūpuna and on to those generations carrying that burden, to those of today’s descendants who bear witness with them in these proceedings. Placing relevance to that defining sense of wairuatanga which inhabits those murky corners of past memories on quiet forgotten whispers, flowing down to the crescendo an outcry for acknowledgement and justice, souls of the living. And for the appeasement of those spirits of our tūpuna long past but never forgotten.

Your Honour, Whakapapa 1, can that be taken as read and also Whakapapa 2. The ones with the asterisk are my parents.

There have been much written and well documented

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accounts before and during the legal invasion and hostility carried out by Crown forces at Rangiaowhia. There is no need for me to recount the dark episode of – for Ngāti Apakura and hapū Ngāti Hinetu, Ngāti Tāheke and others, as more esteemed people of my tribe have more indepth information in featuring and covering these events.

I will cover one of the aspects of the aftermath of this significant event for my particular section and following tūpuna is where my evidence of brief will begin on their trail of tears, te aro o ngā roimata.

Many of them had made their way by escaping to the refuge of swamp land. This is after the Rangiaowhia episode, near Rangiaowhia where they stayed two or three days. And when they thought it was safe to come out, they gathered together in small groups. Some even went back to see if they could gather their belongs at Rangiaowhia but were turned away by the soldiers who were guarding the ravaged village. They gathered together some sections. Some sections managed to secure placements across the Puniu River. One section of our people decided to throw in their lot and decided to go with their leader Te Wano Turimanu, and left to go to the region of Taupō. It was in this group, my tūpuna Haunuku Wharekoka, his wife, Karo, and my great, great grand-aunty Rina Haututu whose husband was of Ngāti Apakura descent would journey to and arriving near Titiraupenga Mountain where they would stay at a kāinga for a time.

The old chief Te Wano had asked and been carried up near

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the top of Titiraupenga Mountain where he gazed across to his tribe’s former lands for the last time. Te Wano Turimanu may have reminisced of those days long ago as he stood at the forefront in his youth amongst brave warriors who faced in pre-european times, the most immense army of warriors ever assembled to battle on his Ngāti Apakura tribal lands at Ngāroto Hingakaka to hold and prevail against these odds, to witness the realignment of Tainui tribes. The rise of great chiefs Te Wherowhero, Te Rauparahā, Hongi Hika and many others.

The coming of the Pākehā, the traders and the missionaries who interacted with his people bringing with them the whakapono, to teach, to turn them from their so called heathen practises and basically turning their swords into plough shears, to observe his people of Ngāti Apakura flourish and prosper from their fertile lands to know peace only to be extinguished by the uncompromising Imperial fist of British and Colonial forces.

Te Wano Turimanu drew his last breath, no doubt passing away in grief in the uncertain future for his people….he was buried upon that sacred mountain. The clouds of burden and anguish lay heavy upon the troubled brow of a great Chief.

1050 Most of that section of Ngāti Apakura travelled and skirted along the western bays of Lake Taupō on the old walking tracks through the lands of Ngāti Wairangi Ngāti Hā and Ngāti Te Kohera through the rohe of Ngāti Wheoro, Ngāti Tarakaiahi of Waihaha, and onto the lands of Ngāti Te Maunga and Ngāti Parekawa and stopping briefly at those

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Kainga of those people for sustenance and respite, along that same original track to which Te Wherowhero, their close kin and relation had travelled a couple of years previously on route to Pukawa for a Kīngitanga hui, the hapu of this place being Ngāti Manunui.

They finally arrived at Waihi the village of Ngāti Turumakina and the home of the Paramount Chief of Tūwharetoa, Horonuku Te Heuheu and further on at the village at Tokaanu the home and residence of Kīngi Te Herekiekie chief of Ngāti Te Aho (aka Ngāti Turangitukua) and Ngāti Karauia. Both these two Chiefs were avid Kīngitanga supporters who came with their tribesmen, Ngāti Tūwharetoa to reinforce those in the Ōrākau Pā, however Ngāti Tūwharetoa and others were trapped and barred from crossing to the Ōrākau side of the Puniu river by the constant rifle fire by the British and Colonial Forces. Ngāti Apakura was welcomed and given residence and at these places to where my tūpuna lived and resided for a time for rest, relief and security.

If nothing else could get any worse for them as they had settled in, an epidemic swept through those unfortunate refugees, a disease called “Karawaka” decimated many of their numbers including my Great Grand-Aunt “Rina Haututu” who succumbed to this disease, to be cut down and suffer after so much anguish and torment to think that her Grandfather Ngāmotu of Ngāti Te Kanawa of Ngāti Maniapoto had signed the Treaty of Waitangi in good faith in March 1840 at Kāwhia and later taking on the name “Tākarei” or Sir Grey after Sir George Grey the newly

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appointed second Governor who her Grandfather had greatly respected, these things held no protection nor guarantees at all for my Great Grand-Aunt Rina Haututu, her husband or for the suffering people of Ngāti Apakura as promised in the Treaty of Waitangi or from the then Governor, Sir George Grey who ordered the invasion of Waikato fuelled by the appetite of captured lands of our people.

Kia ora. May it please the Tribunal, I’ll just finish off this paragraph.

JUDGE AMBLER

Yes.

TAME TŪWHĀNGAI

Kia ora. Rina Haututu is buried in an unmarked grave somewhere in one of the several burial sites in the Tokaanu /Turangi area, here are some known Ngāti Apakura burial sites of named urupa, Piripekapeka (Kīngi Te Herekiekie is buried here also), Pouorongo and Kaiawatea there are others but that is not known to me.

JUDGE AMBLER

10:54:39 Kia ora, me whakairia i reira. It’s five to. We will resume at quarter past. Can I just ask people to be on time. I’m just very conscious that this is the entrance way, and once we are underway it will be distracting for people to be coming back in. Kia ora.

We will suspend the evidence fo

Documents

IN THE TE ROHE PŌTAE DISTRICT INQUIRY (WAI 898) … 898, 4.1.10 .pdfrobert joseph peter mcburney stephen laing . 3 waitangi tribunal . 4 waitangi tribunal taken before judge d j ambler