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.

4 | P a g e Issue No. 4 | January 2017| Kohitātea

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

5 | P a g e Issue No. 4 | January 2017| Kohitātea

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

6 | P a g e Issue No. 4 | January 2017| Kohitātea

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.

7 | P a g e Issue No. 4 | January 2017| Kohitātea

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

8 | P a g e Issue No. 4 | January 2017| Kohitātea

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 Emma.Powell@justice.govt.nz

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 Matthew.Cunningham@justice.govt.nz

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 Joanna.Morgan@justice.govt.nz

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