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Taihape Rangitīkei ki Rangipō District Inquiry Pānui Issue No.5 August 2017 Here-turi-koka

Upcoming technical witnesses

2-6 Oct 2017

Hearing Week 3

Technical Reports

#A6, ‘North Block History’ Martin Fischer and Bruce Stirling

#A43, ‘Nineteenth century overview’ Bruce Stirling and Terrence Green

11-15 Dec 2017

Hearing Week 4

Technical Reports

#A37, ‘Maori land rating and landlocked blocks’ Suzanne Woodley

#A39, ‘Mangaohane legal history and the destruction of Pokopoko’ Grant Young

‘The arrest and detention of Winiata Te Whaaro and the eviction of the Pokopoko Maori community’ Jane Luiten

Nau mai ki te panui tuarima o to tatou pakirehua, Wai 2180: Taihape

Welcome to the fifth issue of the staff pānui where we look back to the first and second hearing weeks. We also provide an update about Ms Jane Luiten’s research commission, which examines the circumstances surrounding the arrest of Winiata Te Whaaro and the eviction of the community residing at Pokopoko. You can also read more about research hui held with Ms Luiten and parties during June 2017. In June, the Tribunal advised parties of upcoming hearing dates as set out on this page. Later in this issue, we provide some more information about the technical witnesses who will be presenting, and some information about the hearing programme.

Hearing week 2: Rangitīkei River Top left The Central Trust Energy Trust Arena, located in Palmerston

North City. Top right

Researchers, Mr Paul Meredith (Ngāti Maniapoto) and Dr Robert Joseph (Ngāti Turanga o Ngāti Raukawa, Ngāti Paretekawa o Ngāti Maniapoto and Ngāti Kahungunu)

Bottom left

David James Alexander (BA Hons, Geography; and MSc, Conservation)

Bottom right

View taken from the corporate rooms of the arena, looking to the skyline of Palmerston North City

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Hearing Week 2: The Rangitīkei River

Day 1 & 2 From 30 May to 2 June 2017 the Taihape Tribunal held its second hearing week at the Central Energy Trust Arena in Palmerston North. For the first two days of the hearing, two inquiry panels sat jointly – something that has only happened once before in the history of the Tribunal. They heard technical evidence concerning the Rangitīkei River, an awa that stretches across both inquiry districts. The Porirua ki Manawatū panel was made up of Ms Tania Simpson, Dr Grant Phillipson and Presiding Officer, Deputy Chief Judge Caren Fox. The Hon. Sir Douglas Kidd, who sits on both Tribunals, was seated at the middle of the table.

Presiding Officer for the Taihape district inquiry, Judge Layne Harvey sat alongside his members, Professor Pou Temara, Dr Monty Soutar and Dr Angela Ballara. The panels heard the authors of two technical reports concerning the Rangitīkei River. These reports were written to deal with claims issues related to the river as a single body across both inquiry districts. On day one, the Tribunals heard the evidence of Dr Robert Joseph and Mr Paul Meredith on their report, Ko Rangitīkei te awa: the Rangitīkei River and its tributaries cultural perspectives report. The report considered the cultural perspectives of tangata whenua in relation to (Continued on the next page)

Hearing Week 1: Tribal landscape

The first hearing week for the Taihape district inquiry was held at Rātā Marae in Marton where the Tribunal heard the summaries and cross-examination of Tony Walzl’s Tribal Landscape report (#A12) , David Amstrong’s Mokai Patea Land, People and Politics report (#A49) and the Ngāti Hinemanu me Ngāti Paki Oral and Traditional History Report by Peter McBurney (#A52). The primary kaupapa of the hearing week was to hearing the opening submissions of the core claimants and to explore the commissioned research about the tribal landscape of the district. While the Tribunal had heard oral evidence about the whakapapa of Taihape peoples during the Ngā Kōrero Tuku Iho hearings, it had not yet been able to test the technical research. Mr Armstrong and Mr McBurney both offered important perspectives about the two major claimant groups of the district and Mr Walzl’s extensive use of primary and secondary source material was well received. On day one, the Tribunal heard evidence from Chairman of the Mōkai Pātea Waitangi Claims Trust, Ūtiku Pōtaka and Richard Steedman, Claims Manager for the Trust. Mr Pōtaka provided the Tribunal with a history of contemporary governance in the district under the Mōkai Pātea confederation. Mr Steedman then went on to lead inquiry parties through the Blake series of whakapapa. On the final day of hearing, claimants associated with the Ngāti Hinemanu me Ngāti Paki claimant group gave a broad range of kōrero covering subjects including the involvement of the Crown in the changing identity of tangata whenua; land at Ōruamātua-Kaimanawa and the Hoet whānau; the establishment of the wharekai and kohanga reo at Winiata Marae; and the eviction of the tupuna Winiata Te Whaaro and his whānau from Pokopoko.

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Day 3 & 4 On the third and final day, the Porirua ki Manawatū Tribunal and claimants withdrew and our Taihape claimant community exclusively presented their kōrero about the river. As part of their kōrero, the presenters spoke about subjects include their spiritual connections to the river, the decline of customary fisheries, the changing course of the awa over time and many other parts of their experience, and the experience of their matua tupuna, with the awa.

the awa and its tributaries (including the Hautapu and Moawhango Rivers). During their questioning, the panels and counsel explored the significance of the pātiki within the history of the river; the status of the River’s mauri and the relationship between tangata whenua and local government authorities with responsibility to care for the awa. On day two, Mr David Alexander gave evidence on his report, the Rangitīkei River and its tributaries historical report. The project considered the relationship between tino rangatiratanga and kawanatanga and the impacts of that relationship on the awa. Counsel and the panels explored the Crown’s historical management and use of the river, the extent to which it had engaged with tangata whenua, and the current state of the river.

From top: (1) Puruhe Bruce Smith; (2) Terry Steedman; (3) Te Rina Warren; (4) Ngahapeparatuae (Hape) Lomax; (5) Tribunal panel, Dr Soutar, Hon. Sir Douglas and Judge Harvey.

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Dr Martin Fisher joined Canterbury University in 2014. He was born in Budapest, Hungary and grew up in Toronto, Canada and Wellington, New Zealand. Martin has worked as an academic tutor for a range of courses in History, Political Studies and Management at the University of Otago, McGill University and VUW. Before commencing his academic career, Martin worked in the Treaty of Waitangi claims process as a contractor, researcher and, later, as a public servant. From 2012-2014 Martin worked as a Researcher Analyst/Inquiry Facilitator at the Waitangi Tribunal. He worked as an Inquiry Facilitator on a number of different contemporary inquiries, including the Ngati Kahu Remedies Hearing (2012), the New Zealand Maori Council Maori Wardens Urgent Hearing (2013-2014), and the Te Aroha Maunga Settlement Process Urgent Hearing (2014). Martin also completed two research reports in 2014 for the Te Rohe Potae Inquiry District.

Research update

Jane Luiten, ‘The Arrest of Winiata Te Whaaro and the Eviction of the Pokopoko Community’ On 2 February 2017 Judge Harvey commissioned Ms Jane Luiten to complete a research report on the arrest and detention of Winiata Te Whaaro and the eviction of the Pokopoko Māori community. While the arrest and eviction has been discussed in previous reports prepared for this inquiry, the Tribunal felt there was a gap in this coverage. Ms Luiten’s report is intended to fill this gap. It focuses on the Crown’s policies and practices concerning Māori evictions, and the legal authority under which they were carried out; the role of the Sheriff, the police, Pākehā runholders and their agents in carrying out the eviction; and the social, cultural and economic outcomes of the arrest and eviction for the Pokopoko Māori community. Many claimants have been researching this story for over thirty years, and it is the subject of a considerable amount of kōrero tuku iho from the claimant community. Inquiry parties have been extremely generous in sharing their knowledge and their documents with Ms Luiten. Research hui were held with representatives of Mōkai Pātea, Ngāti Hinemanu me Ngāti Paki, and the Crown in March and June 2017. Further assistance and feedback was also provided via email. Staff would like to thank the claimants and the Crown for their support, assistance and hospitality throughout this project. The final report is due to be distributed on 5 September 2017.

Upcoming technical witnesses Dr Martin Fisher and Mr Bruce Stirling will present and be cross-examined on their research in the upcoming hearing week 3 (Nineteenth century overview, #A43; and Northern block history¸#A6). The technical evidence scheduled for hearing week 4 will explore land rating, landlocking, and the Mangaohane block. Suzanne Woodley (Maori land rating and landlocked blocks, 1870-2015, #A37), Grant Young (Mangaohane legal history and the destruction of Pokopoko, #A39) and Jane Luiten (The arrest and detention of Winiata Te Whaaro and the eviction of the Pokopoko Māori community) will present their reports.

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Bruce Stirling is a Pākeha New Zealander of Scottish descent who grew up in Rarotonga and Wellington. He has a degree in history from Victoria University. Bruce has been involved with Treaty issues since 1989, initially as a Crown Law Office historian. In 1993 Bruce moved to the Crown Forestry Rental Trust and in 1996 began working as a contract historian before beocming one of the founding directors of the historical consultancy HistoryWorks Ltd in 2004. He has worked with many hapū and iwi groups throughout the country on a wide range of historical issues. In addition to writing and presenting numerous research reports to the Waitangi Tribunal, he has also provided historical advice to several groups involved in Treaty settlement negotiations. Bruce was co-editor (with Vincent O’Malley and Wally Pentito) of The Treaty of Waitangi Companion: Māori and Pākehā from Tasman to Today (Auckland University Press, 2010) and a contributor to Wairarapa moana: the lake and its people (edited by Ian F. Grant, Wairarapa Archive, 2012).

Jane Luiten is a Pakeha historian who has been involved in researching Treaty claims for most of her adult life, beginning in 1991 as a research assistant for the Waitangi Tribunal, and in between raising a family. Jane has a BA (Honours) degree from the University of Waikato. Since 2007 she has been self-employed as a historian. In terms of more recent Waitangi Tribunal inquiry commissions, she has undertaken reearch on the impact of local government on Maori within the inquiry districts of Te Tai Rawhiti (2009) and Te Rohe Potae (2011); Muaupoko land alienation and political engagement for the Porirua ki Manawatu District Inquiry (2015); and a local block study within Te Paparahi o Te Raki (2016). Jane lives and works in Gisborne.

Suzanne Woodley will present her report concerning rating and landlocked blocks. Suzanne worked at the Waitangi Tribunal between 1990 and 1995 preparing a number of reports including the first general report on Native Townership for the Tribunal’s Rangahaua Whanui National Theme series. She then moved to London where she worked at the National Archies (formerly Public Record Office). Suzanne returned to New Zealand in 2004 and again became involved with researching Treaty claims. In May this year she took up a permanent role as Principalf Research Analyst at the Waitangi Tribunal Unit. Suzanne has two sons and lives in Wellington.

Dr Grant Young holds a PhD in history from Massey University, completed in 2003, for a thesis which examined the Native Land Court and its treatment of Māori custom from 1862 to the 1920s. He also holds a Master of Arts with Firs Class Honours (1999) and a Bachelor of Arts (1996) from the University of Auckland. In 2017, he resumed part-time study at the Auckland Law School. He has worked as an independent researcher since 1999 dealing primarily with the Court and Māori custom relating to land. Much of this work has been undertaken for Māori claimants in the Waitangi Tribunal process or iwi organisations looking to settle their treaty claims in directy negotiations with the Crown.

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Staff Update The Taihape team works with the panel, claimants, researchers and other parties to organise and facilitate the inquiry, manage inquiry events and assist with documentation and legal issues. The Taihape team has had some changes since the last issue of our pānui. In early 2016, Abby Hauraki joined the inquiry team as our assistant registrar. For any queries about the registration of claims, claimants should contact Abby on the contact details below.

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. 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.

Abby Hauraki 04 914 3114 Abby.Hauraki@justice.govt.nz

Assistant Registrar

The registrarial advisor within the inquiry team provides advice on legal issues which may arise in the course of an inquiry including legislation which may affect the Waitangi Tribunal’s jurisdiction to hear claims and claim issues.

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.