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Te Rohe Pōtae District Inquiry Casebook Review: A Rapid Appraisal

Richard Moorsom Chief Historian

February 2012

Waitangi Tribunal Unit

Wai 898, #6.2.43

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01 Mar 2012

Te Rohe Pōtae casebook review

Contents 1 Introduction ...................................................................................................................... 1 2 Assessment by main topic and issue ............................................................................... 5

2.1 Traditional history, tribal landscape and customary rights ........................................ 5 2.2 Constitutional issues, war and raupatu ..................................................................... 6 2.3 The Te Rohe Pōtae compact, tino rangatiratanga and kawanatanga ....................... 9 2.4 The North Island Main Trunk Railway (NIMTR) ...................................................... 13 2.5 The Native Land Court ............................................................................................ 14 2.6 Crown and private purchasing, leasing and other acquisition of Māori land ........... 17 2.7 Public works takings ................................................................................................ 23 2.8 Twentieth-century Māori land title and administration ............................................. 24 2.9 Local government and rating................................................................................... 27 2.10 Non-land resources, environmental management and impacts .............................. 29 2.11 Economic development ........................................................................................... 33 2.12 Social services, social and cultural issues .............................................................. 36

3 Summary of conclusions and recommendations ........................................................... 42 Appendix A. Map of the Te Rohe Pōtae inquiry district


Executive summary This document provides a rapid appraisal review of the sufficiency of the evidential casebook prepared for the Te Rohe Pōtae district inquiry. Its principal purpose is to assess whether the evidence, focusing mainly on the technical research reports and source documents, is sufficient for the Tribunal to hear and report on each of the main or ‘macro’ claim issues articulated by the claimants to date. In so doing, the review aims to identify or confirm any significant evidential gaps and to recommend ways of addressing them. The overall conclusion of the review is that most main issues are sufficiently covered by the technical research. There are three major exceptions: Traditional history, tribal landscape and customary rights, on which it is expected that the four

claimant oral and traditional history reports currently in preparation will supply a substantial body of original and research-based information, complementing the claimant evidence previously given at the Ngā Kōrero Tuku Iho hui. Any additional information needed should come from claimant evidence given at Tribunal hearings.

Non-land resources, environmental management and impacts, which requires an overview

report to integrate, extend and gap-fill the available thematic and case-study research.

Economic development, which is part of the casebook programme and was designed to be undertaken after the filing of the casebook research on which the planned district overview report would partly draw.

The two overview reports would address critical district-level gaps. Other gaps identified are more limited in scope and concern particular sub-issues, periods and local areas. Some are important or critical and require additional targeted technical research: On traditional history and interests in the district, the inclusion of Ngāti Kauwhata and Ngāti

Wehi Wehi in the oral and traditional history research under way and the filing of any completed traditional history research relevant to claimant groups not fully covered in the Te Rohe Pōtae projects.

On war, raupatu, the Te Rohe Pōtae compact and Crown-Māori political engagement,

information, if any, on the alleged attack on Te Rore and translations of te reo Māori source documents relevant to casebook research reports.

On the Native Land Court and land alienation, the subsequent history of reserves and other

land excluded from 1850s Crown purchases and the land use classification and mapping of land alienated from and remaining in Māori ownership over time.

On environmental management and impacts:

- a case study of Whaingaroa under the auspices of the Te Tai Hau-ā-Uru oral and traditional history project and any essential additional technical research;

- additional research on the Mōkau River mouth, covering in particular resource management impacts and the protection of wāhi tapu;

- research on water quality and environmental degradation impacts on Māori values in and uses of the Waipa River and tributaries;

- research on the establishment and management of Pirongia Forest Park. On economic development, social services and socio-economic and cultural impacts, a set of

historical demographic and economic data on the district and a document bank covering the housing status of Māori communities and state housing assistance from the 1930s to the 1970s.


Research on the Emissions Trading Scheme and its impacts will only be required if the Tribunal confirms that the issue is to be heard in this inquiry. Two other information resources are required: Supporting source documents not yet filed for casebook overview reports, notably Husbands

& Mitchell (A79) on the Native Land Court and Belgrave et al. (A64, A76) on environmental management and impacts and wāhi tapu.

Selected key research reports and their supporting documents from the records of other

inquiries where these would significantly enhance the casebook’s coverage of national Crown policy, legislation and practice concerning main or ‘macro’ issues.

Technical research recommended to address other non-critical but significant gaps includes: A document bank of Crown purchase deeds.

Comparative tables of published official returns of Crown land purchases in the district from

1889 to 1908. A scoping report on the pre-1863 land transactions in the Waikato extension area in which

Te Rohe Pōtae claimants had interests. A reappraisal of the need for further research on the application of the Public Reserves and

Domains Act 1908, if the claimants identify any significant Māori land takings or restrictions under this legislation.

A short select annotated bibliography of significant academic and published works directly

relevant to the history of the district and the main claim issues. Inclusion in CFRT’s forthcoming district mapbook of historical and customised maps directly

relevant to casebook research reports and the issues they address. Research planned but yet to be filed will be critical for the completion of the casebook: A commissioned socio-demographic status report, due in May 2012; Four claimant oral and traditional history reports, which are due to be filed by June 2012; A district mapping report to be commissioned by CFRT. On all issues before the Tribunal, well targeted claimant evidence on their experience of Crown policy and action will be essential. For some issues, especially those arising from the 1970s onward, claimant evidence would be more effective and appropriate than additional technical research. In addition to any historical research that the Crown may produce, evidence from Crown and local body officials and experts would assist the Tribunal to gain a rounded understanding of some contemporary issues, for example in the fields of environmental and resource management.


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1 Introduction

Purpose and status of the review This document fulfils a request by Judge David Ambler, the presiding officer in the Te Rohe Pōtae district inquiry, that the Chief Historian prepare a review of the evidential casebook for the inquiry. The purpose of the review is to establish whether the casebook is sufficient for the purposes of the inquiry. It is the usual practice for district tribunals to commission such a review upon closure of the casebook, either as confidential advice or, as here, also for the information of the parties. This review has adopted a rapid appraisal approach, which is further described below. The main reason for undertaking a rapid appraisal rather than a comprehensive assessment has been to provide timely assistance to the completion of an intensive interlocutory process. The principal aim of the review is to identify any significant evidential gaps that might affect pleadings and the determination of issues, or that need to be addressed for the Tribunal to be in a position to hear and report on the affected claims. What this review is not This review does not represent the opinion of the Tribunal in any way. It is an independent report to the Te Rohe Pōtae Tribunal panel which will be filed on the record of inquiry for the information of the parties. Nor do the recommendations contained in this review constitute a research programme. It is for the Tribunal to decide what additional research it considers necessary. The claimants may also have differing views on the gaps to be addressed and which topics need more thorough treatment. The recommendations make no presumption as to the availability of resources to undertake any resulting research and the timing of such work. Given the inquiry’s intensive interlocutory and hearing schedule, the Tribunal and the claimants may wish to prioritise particular gap-filling research and it may not therefore be essential to implement all of the research recommendations. To assist towards that end, the review focuses its recommendations on significant gaps and indicates wherever possible which of these are critical to providing sufficient technical evidence for the issue concerned to be properly defined, heard and reported on. Scope and limitations The review focuses on the evidential requirements identified in Dr Vincent O’Malley’s discussion paper of December 2006 (Wai 898, #6.2.1) and in the views expressed by claimants and the Crown at judicial conferences and in feedback to staff and commissioned researchers. The requirements were translated into action through the inquiry’s casebook research programme (Wai 898, #6.2.7) and the research, archival and mapping projects commissioned by the Waitangi Tribunal, the Crown Forestry Rental Trust (CFRT), the claimants and the Crown. Nearly all the research indicated in the casebook research programme has now been filed. The main exceptions are: Four claimant oral and traditional history reports, which are due to be filed by June 2012; A commissioned socio-demographic status report, due in May 2012; Research on socio-economic issues, in particular a district economic history report, which

was scheduled to be commissioned once the casebook research on which it would largely draw became available; and

A district mapping report to be commissioned by CFRT. The body of technical research filed on the record of inquiry is very substantial, amounting to over 20,000 pages. Many of the reports also attach copies of supporting source documents which,


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together with document banks and the output of research support projects, amount to several tens of thousands of pages. The research currently on the record of inquiry is not the only resource that will be available to the parties and the Tribunal. Information in the public domain includes printed official papers and reports, academic research and the published literature. The Crown may file further research and documentary evidence. Transcripts of the Ngā Kōrero Tuku Iho hui contain substantial claimant evidence. As the hearings progress, a wide range of further evidence will be presented. Of particular importance will be evidence brought by the claimants, who bear the responsibility for substantiating their claims, both generic and specific or local, and for ensuring that all relevant information at their disposal, whether documented or held in memory, is presented to the Tribunal. With minor exceptions, this review focuses on the technical casebook research. It does not consider testimony given at the Ngā Kōrero Tuku Iho hui or information available from the public domain other than to contextualise particular aspects of casebook research under appraisal. It also indicates where further claimant evidence on a particular point is likely to be more appropriate than additional technical research. The casebook research programme Following initial consultation of the parties, the Tribunal determined that the Te Rohe Pōtae inquiry would be conducted as a comprehensive district inquiry, hearing and reporting on all historical and contemporary claims in a single process. The casebook research programme was designed accordingly. There has been extensive consultation with the parties during the casebook’s preparation. Both the research discussion paper and the casebook research programme were conferenced. The project briefs of the commissioned reports were sent out and presented at hui for comment. Researchers presented their work in progress at information hui. Drafts of the research reports were distributed so that authors could benefit from feedback before finalising. The parties have thus had input into the research process throughout the implementation of the casebook research programme. Tribunal reporting standards The working standard adopted for this review is that the evidence should suffice for the Tribunal to hear and issue a full report on all the claims currently before it. The development of the more than 270 claims joined to the inquiry alongside the preparation of this review has nonetheless imposed a practical limitation. The inquiry’s interlocutory proceedings have seen the filing of two sets of amended statements of claim, at general and specific levels; a joint claimant statement of issues, filed on 23 December 2011 (Wai 898, #1.4.1) and refiled in revised form on 27 January 2012 (#1.4.1(a)); and submissions in late January/early February 2012 from the parties on research gaps (#3.1.433-438, 451); as well as a research progress update from CFRT (#6.2.42). The review has taken into account the generic statements of claim on the main issues shared by most claimants, the joint claimant statement of issues, and specific statements of claim bearing on issues in which local grievances are likely to feature strongly, such as public works takings. But it has not been possible in the time available to review all details of the particularised claims. The review does not therefore indicate whether there is sufficient evidence for the Tribunal to report on each particular of every claim. That would be a large undertaking indeed. Instead, it concentrates on the joint pleadings and the main or ‘macro’ issues, which most claims adopt in addition to any specific grievances that they allege. Where local claims are prominent, for instance under public works and land alienation, a general assessment is made of the extent to which they are covered in the relevant research, drawing on the list of specific claims appended to the claimants’ joint statement of issues.


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Aims, approach and methodology The guiding aim of the review is to establish whether the technical casebook research, set alongside relevant information already in the public domain, is sufficient for the purposes of the inquiry. This threshold is taken here to mean that the Tribunal has sufficient technical evidence to report on all the main claim issues affecting most claimants. For a main claim issue, the research should cover all significant aspects, including the provision of empirical information, substantiation by reference to sources or original investigation, and analysis appropriate to the subject and the level of treatment. Each topic should be presented or discussed in enough depth to enable the Tribunal to arrive at a finding on the claim issue(s) to which it is relevant. The Tribunal must, in other words, have sufficient technical information to be able to form a view. That view will also be informed by further claimant and Crown evidence at the hearings to come and by the legal submissions of counsel during the course of the inquiry, but we are concerned here with the sufficiency of the technical evidence for the commencement of hearings. The sufficiency standard also requires appropriate disciplinary treatment of the topic and supporting evidential material, as well as professional standards of scholarship (conceptual framework/theory, methodology, exposition, analysis, conclusions). As might be expected for an inquiry considering all claims dating from 1840, the main discipline is history, but archaeology, resource management and environmental science have also been employed. As indicated earlier, the review does not assess sufficiency of evidence for all specific and local issues. When it does, the coverage may be sufficient if the research addresses the issue in its own right, has a case study representative of the issue, or embeds evidence on the case or class of cases in a larger narrative. The treatment should be tailored to the nature of the issue and provide sufficient depth to allow conclusions to be drawn, either on the issue in its own right or as one of a class of similar issues. The review adopts a rapid appraisal approach. This is based on a targeted reading across all the technical casebook research. Effort has been concentrated less on topics thoroughly treated in the research and more on topics mainly covered by a single report or on which additional evidence appears more likely to be required. The principal elements of this approach comprise: Identifying the main topics represented in the research; Relating them to the joint claimant statement of issues; Devising an issue-based framework of topics under which to conduct the research appraisal; Scoping the coverage of each main issue and sub-issue in the casebook, identifying which

are likely to be assured of adequate or generous treatment and which might be inadequately addressed or contain gaps, including gaps notified by researchers and counsel;

A rapid read and appraisal of research on issues likely to be well covered; A closer read of research on issues and sub-issues more likely to be thinly covered or have

gaps; Assessing the standard of scholarship and the type and range of supporting information

provided. The review focuses on main, or ‘macro’, claim issues. These are interpreted as having any combination of the following attributes: The issue is widely shared amongst many of the claimant groups; The issue arises across most parts of the district; The issue is concentrated in part(s) of the district but seriously affects most or all of the

claimant groups in those parts.


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Local and specific issues may comprise either of the following attributes: The issue is geographically defined by one or more particular localities; The issue is specific to particular individuals or groups.

A key feature of the review is a strict avoidance of evaluative commentary on either the interpretation of the evidence or the quality of individual reports. Appraisal commentary is directed rather to the body of research that is relevant to the particular main issue or topic. It outlines the topics covered, relates them to the claim issues and reports the conclusions of the appraisal. Where a topic relies wholly or largely on a single report, comments are as far as possible limited to questions of its sufficiency for the purposes of the Tribunal hearing and reporting on claims. Outline of the review The review is organised under 12 main issue or topic headings, which are designed to include all the issues specified in the claimants’ joint statement of issues. Each section first lists the principal sub-issues arising and summarises them in more detail. It proceeds to identify the relevant research evidence, outlining which topics are covered and in which main reports. It appraises the sufficiency of the evidence as a whole, discussing any particular aspects that may have less than adequate coverage. It arrives at a general conclusion and if required, makes recommendations for addressing any significant evidential gaps. Appended to each section is a listing of the principal reports or parts of reports that are relevant to the topic. Supporting documents and collections of source material are also listed. The titles are reproduced from the record of inquiry. Unless otherwise stated, in-text references are to documents on the Wai 898 record of inquiry.


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2 Assessment by main topic and issue

2.1 Traditional history, tribal landscape and customary rights

Claimant iwi/hapū: pre-1840 background and context Origins and settlement Customary rights to land and resources Systems of governance The Tribunal’s pre-casebook research review (#6.2.1) highlighted the need for the Tribunal to be fully informed of the origins and traditional identities of the claimant groups participating in the inquiry and the iwi, hapū and whānau that they represent. This information, relating primarily to pre-Treaty times, should include: their traditional history and settlement in the area of the inquiry; land, natural resources and places important to their communities; customary rights to land and resources; economy, society and resource use; and systems of governance. A depiction of hapū/iwi tribal relationships and alliances, including the heke and other major changes in the 1820s and 1830s, would also assist an understanding of the political associations and tribal leadership that emerged after 1840 and of the development of the Kīngitanga and the Te Rohe Pōtae compact. Research gaps identified by researchers and claimants Counsel for Ngāti Kauwhata and Ngāti Wehi Wehi claimants (#3.1.435) state that their interests in the inquiry district have not been included in the claimant oral and traditional history research projects currently under way. Appraisal – main issues An independent tribal landscape overview report has not been commissioned for the inquiry. This potentially significant gap has been addressed in part by the evidence given by claimant witnesses at the Tribunal’s Ngā Kōrero Tuku Iho hui held during 2010. Their evidence extends to traditional history and the political and military events and alliances of the early nineteenth century. O’Malley’s (A23) brief overview of the pre-1840 period draws on this evidence and on several of the principal relevant published works. There is scattered information in claimant oral and traditional history reports from the Whanganui inquiry on the origins, leadership, relationships and customary interests of iwi/hapū from northern Whanganui and southern Te Rohe Pōtae (A36, A66 & addenda). Four claimant clusters (Ngāti Maniapoto, Ngāti Apakura, Te Tai Hau-ā-Uru and Northern Whanganui) are preparing oral and traditional history reports with the assistance of CFRT. These are due for filing in June 2012 (#6.2.42, 2.5.111). The available oral evidence, research and scholarly literature provide a patchwork of information that for all claimant groups needs to be complemented by fully developed traditional histories and by further claimant witness evidence where not previously fully presented in the Ngā Kōrero Tuku Iho hui.


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Appraisal – specific issues Claimants not covered by the oral and traditional reports in preparation may have access to other available research, for instance reports prepared for negotiations with the Crown, the results of hapū history projects or academic research. In particular, research for Ngāti Raukawa’s settlement negotiations may have relevance both to their and to Ngāti Kauwhata’s interests in the Te Rohe Pōtae district. Conclusions and recommendations The filing of the four oral and traditional history reports in preparation can be expected to provide a substantial body of claimant evidence and research information. This will complement the evidence previously given at the Ngā Kōrero Tuku Iho hui. Claimant groups not fully covered in the reports may be in a position to file research undertaken for non-inquiry purposes and will also be able to present additional witness evidence at the hearings. The absence of traditional history research on Ngāti Kauwhata and Ngāti Wehi Wehi claimants’ interests in the district is a small but critical gap. The claimants state that they have received a favourable response to their proposal to join an existing claimant cluster that is within the scope of the oral and traditional history research projects. This would provide an avenue for their inclusion by way of a supplementary report or briefs of evidence. Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:

A23 V O’Malley Te Rohe Pōtae Political Engagement, 1840 – 1863 Ch. 2

A36 W Hemara Central Claims Charitable Trust – Oral and Traditional History Report, Feb 08 (also recorded at Wai 903, #A152, confidential)

Parts

A66 G Young & M Belgrave

Summary of Northern Whanganui Cluster Oral and Traditional History Report, June 07 (also recorded at Wai 903, #A114(a))

Parts

Documentation:

A23(a) V O’Malley Te Rohe Pōtae Political Engagement, 1840 – 1863, document bank V1 & V2

2.2 Constitutional issues, war and raupatu

Main claim issues Constitutional issues Early Crown-Māori political engagement War and raupatu Māori protest and Crown response The claimants’ pleading of their constitutional claim questions whether Māori iwi/hapū in the Te Rohe Pōtae area ceded sovereignty by means of the Treaty of Waitangi or in any other manner, and if so, what was ceded. They raise the impact on sovereignty of war and of the introduction of Crown governance, and the process by which the Crown assumed sovereignty. The focus is on the nearly half a century of Māori self-government at least as far as the unravelling of the Te Rohe Pōtae compact after the mid-1880s. Within this first phase of Crown/Māori political engagement the claims address the New Zealand Wars of the 1860s and the associated raupatu, both in terms of the involvement of Te Rohe Pōtae Māori in the wider conflicts and the specific consequences for iwi/hapū within


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the district. The claims focus in particular on the military campaigns in Taranaki and the Waikato. They concern the Crown’s justification for levying war, the standards of military conduct, the grounds for and legality of confiscating land from Te Rohe Pōtae hapū, the adequacy and fairness of compensation for affected Māori, including ‘rebels’, and the immediate destructive, social, economic and political impacts of war and raupatu on Te Rohe Pōtae Māori. The scope of the claims includes those of Ngāti Maniapoto and affiliated hapū specified by the presiding officer that have raupatu and non-raupatu claims arising in the Waikato and Taranaki confiscation districts. The Waikato extension area subject to claims to be heard in this inquiry is depicted on the map of the inquiry district (Appendix A). Research gaps identified by researchers and claimants Counsel for Wai 1606 (#3.1.437) refers to an attack on Te Rore papakainga in 1864 during the Waikato war that is not described in the research. Appraisal – main issues O’Malley’s two reports (A22, A23) provide broad and detailed coverage of the period from 1840 to the end of the Waikato war and of the raupatu that followed. His work extends a sizeable historical literature on the New Zealand Wars, bringing into focus the evolution of Crown-Māori political relations, the role and perspectives of Māori leaders, and the Te Rohe Pōtae dimension of what was often a larger regional canvas. O’Malley’s general district reports are complemented by Thomas’s (A28) detailed local study of the Mōkau area, which, unusually in the wider region, saw Crown land-purchasing initiatives in the early 1850s. From a different angle Marr (A78) assesses the origins and perceptions of the ‘Rohe Pōtae’ as a political and territorial concept in the 1850s and early 1860s. Stirling’s (A54) political history of the Taupō region in the 1860s contributes to an understanding of the wider regional context and the positions and experience of iwi and hapū in the eastern part of the Te Rohe Pōtae region. As well as collections of supporting source documents filed with each report, several of the general document banks (A57, A58, A59) – Māori-language documents, newspapers, petitions – contain copies of relevant source material. The casebook research reports, in particular O’Malley’s, provide extensive evidence on the major claim issues, interweaving national and regional developments with Te Rohe Pōtae district connections. They cover: pre-Treaty engagement with Britain, the signing of He Whakaputanga/Declaration of

Independence and the Treaty; early contacts with the Crown in New Zealand; self-government and perceptions of political autonomy; the crisis in political relations with the Governor and the nascent settler government in

the 1850s; the emergence of the Kīngitanga and the rūnanga movement; Crown responses in the late 1850s and early 1860s, including the Kohimarama

Conference and Grey’s new institutions; the First Taranaki War and its aftermath; the invasion of the Waikato; the immediate military and socio-economic impacts of the war on Te Rohe Pōtae Māori,

including war casualties and the influx of refugees; confiscation legislation and its implementation in law and on the ground; the operations of the Compensation Court in the Waikato and Taranaki; the treatment of ‘landless rebels’; post-war Māori protest and political initiatives, including petitions, deputations and

attempts at negotiation; and


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the two attempts at resolving raupatu claims in the first half of the twentieth century, the Sim Commission 1927 and the Waikato-Maniapoto Māori Claims Settlement Act 1946. These attempts are also discussed by Sarich (A29).

Two aspects require further brief comment. First, the scope of the constitutional claim connects to interpretation of international law and the Treaty/Te Tiriti that invokes legal argument as well as historical research. It may be noted that Part 1 of the Tribunal’s report on the Urewera claims addresses similar issues in respect of iwi/hapū that remained politically autonomous for decades after the signing of the Treaty. The Tribunal’s report on Stage 1 of its Te Paparahi o Te Raki inquiry, now in preparation, is expected to focus on Crown and Ngāpuhi understandings of He Whakaputanga/the Declaration of Independence and the Treaty/Te Tiriti. The second aspect is the necessarily multidimensional historical context. Before and during the Waikato war, Māori leaders and people from the inquiry district were integrally involved in the politics and economy of the wider region. They were also often subsumed under general labels or not separately identified in the official and settler perceptions that informed most of the documentary record. The extensive treatment of national and regional developments in O’Malley’s reports provides a sound framework for understanding the constitutional, political engagement, war and raupatu claim issues arising within the inquiry district. Appraisal – specific issues Although an attack is not described, the military occupation of Te Rore in 1864 is briefly mentioned in O’Malley (A22), who also covers the subsequent raupatu and military settlement of the surrounding area, which falls within the northern extension to the inquiry district. Conclusions and recommendations For the purposes of this inquiry, there is sufficient information both on Te Rohe Pōtae Māori interests in confiscated Waikato and Taranaki land and on the impacts within the district of war and raupatu outside it. The coverage of main topics, issues and historical context is comprehensive and is sufficient for the purposes of the inquiry. There are no major evidential gaps that require further technical research. Concerning the attack on Te Rore, Dr O’Malley should be requested to file a brief addendum to his report (A22) identifying any relevant information found. Further claimant oral and witness evidence on the involvement of their tūpuna in the conflicts of the 1860s and on the impacts on their communities would enhance an understanding of Māori perspectives on and experiences of the wars and their impacts. Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:

A22 V O’Malley Te Rohe Pōtae War and Raupatu All

A23 V O’Malley Te Rohe Pōtae Political Engagement, 1840 – 1863 All

A28 P Thomas The Crown and Māori in Mōkau 1840 – 1911 (NB: commissioned as research on the Mōkau-Mohakatino-Paraninihi blocks - #2.3.41)

Ch. 3-4

A29 J Sarich An overview of Political Engagement between Hapū and Iwi of the Te Rohe Pōtae inquiry district and the Crown, 1914 – c.1939

Ch.4


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Doc # Author Title & Date Part

A54 B Stirling Kingitanga to Te Kooti: Taupō in the 1860s (also recorded at Wai 1200, #G18)

All

A78 C Marr Te Rohe Pōtae political engagement 1864 – 1886 Ch. 1

Documentation:

A22(a) V O’Malley Te Rohe Pōtae War and Raupatu, supporting documents, V1 & V2

A23(a) V O’Malley Te Rohe Pōtae Political Engagement, 1840 – 1863, document bank V1 & V2

A28(a) P Thomas The Crown and Māori in Mōkau 1840 – 1911, Document Bank, volumes 1 & 2, Feb 11

A57 CFRT Catalogue of the Māori-Language Document Bank, Part 1 : Manuscripts, Part 11: Māori Newspapers

A57(a) CFRT Māori-Language Document Bank, Part 1 & 11

A58 Walghan Partners District Newspapers Research and Document Bank

A58(a) Walghan Partners Supporting papers for District Newspapers Research and Document Bank, Volumes 1 – 7

A59 J Mitchell King Country Petitions Introduction and Indexes

A59(a) J Mitchell King Country Petitions Image Bank

A59(b) J Mitchell King Country Petitions Document Bank

2.3 The Te Rohe Pōtae compact, tino rangatiratanga and kawanatanga

Main claim issues The Kīngitanga, the aukati and political autonomy The Te Rohe Pōtae compact and self-government The North Island Main Trunk Railway The opening of the Te Rohe Pōtae The introduction of Crown kawanatanga, late 1880s to 1913 Crown response to Māori protest and political initiatives Twentieth-century political engagement Whether articulated in terms of constitutional sovereignty or of substantive self-government under overarching British sovereignty, the claims concerning political relations between Te Rohe Pōtae Māori and the Crown in the quarter century following the halt to British offensive military operations in early 1864 are central issues for the inquiry. They concern allegations about: the extent of Crown recognition of Māori governmental and political autonomy within the

region defined by the aukati; the quality of Crown conduct in political dealings and negotiations; the undermining of Māori authority through surveys and Native Land Court

encroachment; and failure to negotiate in good faith and give effect to agreements reached. Core issues are: the formation of the Te Rohe Pōtae compact of 1883; agreements on the North Island Main Trunk Railway; the manner of the opening of the district to the Native Land Court, the railway, Pākehā

settlement and the imposition of governmental institutions; the use of Crown pre-emption as a land acquisition strategy; the extent of provision for Māori political autonomy and local self-government; and the status of liquor prohibition as part of the compact and Crown actions in ending it.


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Twentieth-century political engagement and autonomy issues are couched mainly in general terms and as consequences of previous events, such as war and raupatu, or fulfilment of Crown promises and agreements, in particular the Te Rohe Pōtae compact and railway-related development. Research gaps identified by researchers and claimants Crown counsel (#3.1.434) has indicated a need for targeted research on the question of a ‘sacred pact’ concerning liquor prohibition. The research commissions on political engagement and autonomy in the second half of the twentieth century focused on selected topics. Francis & Sarich (A72) note that their report provides partial coverage of the Māori Women’s Welfare League and excludes post-1975 developments. Appraisal – main issues The published literature gives patchy treatment of the Te Rohe Pōtae region between 1864 and the early 1880s, the main exceptions being national political developments and the refuge afforded to Te Kooti. This is more than compensated by Marr’s (A78) exhaustive historical account, which covers the establishment and nature of the aukati; Kīngitanga governance within the region defined by the aukati and political, economic and religious leadership; pressures on the aukati from land purchasing, leasing, public works and Native Land Court encroachment; and political initiatives and relations between Māori leaders and the colonial government through a lengthy period of unformalised peace. Thomas’s study (A28) of the Mōkau area provides additional local context, including resumed land dealings. Marr also provides a comprehensive, detailed account of the understandings, initiatives and negotiations between 1882 and 1886 that led to the Te Rohe Pōtae compact, boundary survey and railway agreements, ending with government steps to open up Te Rohe Pōtae and Māori decisions to lift the aukati and apply to the Native Land Court to confirm the external boundary. Other studies covering this period include: Thomas on the Mōkau area (A28); Loveridge (A41) and, more briefly, Robinson & Christoffel (A71) on the opening of Te

Rohe Pōtae; Anderson (A37, A38) on the northern Whanganui hapū and iwi in the southern Te Rohe

Pōtae; Hearn (A12) briefly on Ngāti Raukawa; and Stirling’s two reports covering the late 1860s and the campaign against Te Kooti (A54)

and the Te Rohe Pōtae compact and Tauponuiatia (A53). Both Marr (A78) and more specifically Cleaver & Sarich (A20) discuss the planning, negotiations and agreements that paved the way for the construction of the North Island Main Trunk Railway through the Te Rohe Pōtae region. The opening of Te Rohe Pōtae inaugurated a rapid transition to Crown land title, land alienation, settlement and incorporation into central and local government regimes. Māori protest and attempts to sustain the understandings and agreements of the 1880s continued and Crown responses and new initiatives developed. Loveridge (A68) considers government approaches to land in the Te Rohe Pōtae district in the context of parliamentary politics, policy and legislation, while Husbands & Mitchell (A79) and Boulton (A67) examine political negotiations on land questions, in particular land selling, the Native Land Court and Māori autonomy.


11

More broadly, Crown-Māori political relations are addressed in overview reports on three successive periods, 1886-1913 by Robinson & Christoffel (A71), 1914-1939 by Sarich (A29) and 1940-early 1970s by Francis & Sarich (A72). The terms of the commissions specified selective rather than comprehensive treatment. Topics include: Crown land purchasing in the 1890s; the Kāwhia Committee; late nineteenth-century Māori political movements and

parliamentary representation; Māori land and health councils; the compact and liquor licensing, on which the Crown is also commissioning a review by

Dr Loveridge of two official reports by Justice Smith and A.H. McLintock; Māori war service and conscription in the First World War; new initiatives in the 1940s, notably the Māori War Effort Organisation and the Māori

Social and Economic Advancement Act 1945; and developments in the 1960s and early 1970s following the Hunn Report and the

establishment of the New Zealand Māori Council. Historical analysis is generally anchored at the national level and interwoven with district-level detail that varies between illustrative examples and, where the sources permit, full exposition. The selective and focused coverage of post-First World War Crown-Māori relations is complemented by a diverse literature on the Māori dimension of twentieth-century political history, an example being Richard Hill’s general study of Crown-Māori political relations. Specific district information may also be found in local history publications and biographies. The claimant oral and traditional histories and further witness evidence will be important in filling out the picture of Te Rohe Pōtae protest, political initiative and experience of engagement with the Crown, particularly for the period since the early 1970s, on which there is no dedicated casebook research. Conclusions and recommendations There is sufficient coverage of Crown-Māori political relations up to the First World War. Thereafter, the selection of research topics covers a number of significant issues. Additional research at the district rather than the national level, although desirable, is not critical provided that claimants contribute further evidence on aspects important to their claims, particularly on questions of political autonomy. There is sufficient research on the liquor prohibition issue. One specific gap that has been identified by several researchers and should be addressed is the need for adequate translations of relevant source material available only in te reo Māori. When provided, commissioned researchers should be afforded the opportunity to file amendments to their reports. Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:

A12 T J Hearn Raukawa, Land and the Crown: a review and assessment of land purchasing in the Raukawa Rohe, 1865 to 1971

Ch. 1.4.1

A20 P Cleaver & J Sarich

Turongo: The North Island Main Trunk Railway and the Rohe Pōtae, 1870-2008

Ch. 1-2


Ch. 5-9


12


A29 J Sarich An overview of Political Engagement between Hapū and Iwi of the Te Rohe Pōtae inquiry district and the Crown, 1914 – c.1939

All

A33 Waitangi Tribunal The Pouakani Report 1993 Ch. 7

A37 R Anderson Whanganui Iwi and the Crown, 1865 – 1880, Nov 04 (also recorded at Wai 903, #A70)

Ch. 2, 5

A38 R Anderson Whanganui Iwi and the Crown, 1880 – 1900, Dec 04 (also recorded at Wai 903, #A71)

Ch. 2.1-8

A41 D Loveridge The Crown and the opening of the King Country, 1882 – 1885 (also recorded at Wai 903, #A76, Wai 1130, #A72)

All

A50 C Marr The Waimarino Purchase Report – The investigation, purchase and creation of reserves in the Waimarino block, and associated issues, 2004 (also recorded at Wai 1130, #A43)

Mainly ch. 1-4

A53 B Stirling Taupō-Kaingaroa 19th Century Overview, V 1& 2, Sep 04 (also recorded at Wai 1200, #A71)

Ch.3-3-4, 5.1

A54 B Stirling Kingitanga to Te Kooti: Taupō in the 1860s (also recorded at Wai 1200, #G18)

Ch. 5-7

A67 L Boulton Land Alienation in the Rohe Pōtae Inquiry District, 1866 – 1908: An Overview.

Ch. 1, 5

A68 D Loveridge “In accordance with the will of Parliament” The Crown, the four tribes and the Aotea block, 1885 – 1899

All

A71 H Robinson & P Christoffel

Aspects of Rohe Pōtae Political Engagement, 1886 – 1913, Aug 11

All

A72 A Francis & J Sarich

Aspects of Te Rohe Pōtae Political Engagement, 1939 – c.1975, Government provisions for local self government for Te Rohe Pōtae Hapū and Iwi, Aug 11

All

A78 C Marr Te Rohe Pōtae political engagement 1864 – 1886 All

A79 P Husbands & J Mitchell

‘The Native Land Court, land titles and Crown land purchasing in the Rohe Pōtae district 1866 – 1907’

Ch. 1-3

Documentation:


A29(a) J Sarich An overview of Political Engagement between Hapū and Iwi of the Te Rohe Pōtae inquiry district and the Crown, 1914 – c.1939, supporting documents: volumes 1 – 5

A57 CFRT Catalogue of the Māori-Language Document Bank, Part 1 : Manuscripts, Part 11: Māori Newspapers

A57(a) CFRT Māori-Language Document Bank, Part 1 & 11

A58 Walghan Partners District Newspapers Research and Document Bank

A58(a) Walghan Partners Supporting papers for District Newspapers Research and Document Bank, Volumes 1 – 7

A59 J Mitchell King Country Petitions Introduction and Indexes

A59(a) J Mitchell King Country Petitions Image Bank

A59(b) J Mitchell King Country Petitions Document Bank

A67(a) L Boulton Land Alienation in the Rohe Pōtae Inquiry District, 1866 – 1908: An Overview. Supporting documents V1 & V11

A68(a) D Loveridge “In accordance with the will of Parliament” The Crown, the four tribes and the Aotea block, 1885 – 1899, document bank

A71(a) H Robinson & P Christoffel

Aspects of Rohe Pōtae Political Engagement, 1886 – 1913, Aug 11. Supporting documents V1 – 3

A72(a) A Francis & J Sarich

Aspects of Te Rohe Pōtae Political Engagement, 1939 – c.1975, Government provisions for local self government for Te Rohe Pōtae Hapū and Iwi, Aug 11, document bank, V1 – V2


13

2.4 The North Island Main Trunk Railway (NIMTR)

Main claim issues NIMTR negotiations, agreements and understandings Railway survey Crown acquisition of land Disposal/return of railway land Resources for railway construction Economic benefits Impact on the environment and wāhi tapu Restructuring and sale of New Zealand Railways The North Island Main Trunk Railway (NIMTR) bulks sufficiently large in the opening of Te Rohe Pōtae to merit discrete treatment. Claim issues include: the Crown’s conduct of negotiations for the surveying and construction of the railway; the terms agreed with Te Rohe Pōtae rangatira, including promises or expectations of

benefits; the purchasing and taking of land for the railway; Crown acquisition of resources for railway construction; environmental management agreements and impacts; the disposal and return of surplus railway lands; and the extent of benefits accruing to Māori in employment and economic development. Research gaps identified by researchers and claimants None. Appraisal – main issues Cleaver & Sarich (A20) provide a dedicated study of the NIMTR from early planning to the present. They cover: the railway politics of the 1870s and the pressure for a trunk line; the negotiations and terms of agreement reached with Te Rohe Pōtae leaders in the first

half of the 1880s; the extent to which those terms were fulfilled in the surveying and construction of the

railway over the following two decades; the social, economic and environmental impact of the construction; land gifting, purchasing and taking for the railway; twentieth-century takings and disposals of railway land; economic and social outcomes in the district, including branch lines and employment of

Māori; and the late twentieth-century New Zealand Railways restructuring and ownership changes

and their impacts. There is also extensive coverage of political aspects in several other research reports, in particular Marr (A50, A78) and Loveridge (A41, A68). These include the railway negotiations and agreements, surveying, associated Crown land acquisition and economic development. Conclusions and recommendations There is sufficient research on all main railway issues. The planning, negotiation and construction of the NIMTR is intimately bound up with the opening of Te Rohe Pōtae, land purchasing and settlement and all the research reports take close account of this broader and complex context.


14

Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:



All


All


Mainly ch. 3-4


All

A78 C Marr Te Rohe Pōtae political engagement 1864 – 1886 All

Documentation:


A78(a) C Marr Te Rohe Pōtae political engagement 1864 – 1886, document bank, V1 –V 6

2.5 The Native Land Court

Main claim issues Establishment Investigation of title and title options Individualisation and partition Succession Land alienation Reserves, restrictions on alienation Surveys, survey liens and land loss Court operation: membership; rules and procedures; process costs Remedies and protections The claimants’ joint statement of issues advances a number of sets of grievances relating to the Native Land Court. The first set concerns the terms on which the Court entered and commenced operations in the Te Rohe Pōtae district. These include: allegations about whether it should have been the only or appropriate statutory vehicle

for the recognition of customary title; the extent to which its mandate fulfilled Te Rohe Pōtae Māori expectations, including

alternative title options; consultation over its introduction; fulfilment of Crown undertakings given in the Te Rohe Pōtae compact negotiations; and the lack of protection of the rights on non-participating Māori owners in title

investigations. The second set concerns the Court’s ability to conduct title investigations, the impact of its decisions on Māori communities and their customary rights and processes, and alleged Crown manipulation of its proceedings.


15

The third set relates to the individualisation of title and the partition and fragmentation of land holdings, and facilitating land alienation and complicating succession. The fourth set concerns survey and Court process costs and the operations of the Court. The fifth set concerns protections and remedies provided through and outside the Court system and Crown responses to Māori protests alleging injustice. Research gaps identified by researchers and claimants Concerns raised by counsel regarding gaps in coverage of local land-related grievances and block-level historical detail are discussed under land purchasing in section 2.6. Husbands & Mitchell (A79) note that their report does not assess the extent to which Crown-derived title and the Native Land Court regime fulfilled Crown promises and Māori expectations of broadly-based economic development. This is taken up in section 2.11 on economic development. Appraisal – main issues The main focus is on a concentrated quarter-century period following the entry of the Native Land Court in 1886, during which nearly all Te Rohe Pōtae land in Māori customary ownership was converted to Crown title and a substantial proportion alienated. Several reports for this inquiry and for adjacent districts and earlier inquiries, notably Marr (A50, A78), Husbands & Mitchell (A79), Thomas (A28), Anderson (A38), Hearn (A12), Stirling (A53) and the Tribunal’s Pouakani Report (A33), cover the Court’s hearing of blocks bordering on and within the aukati and their impact on Māori leaders’ strategic perceptions and decisions in moves towards the opening of Te Rohe Pōtae. The principal report on the period is Husbands & Mitchell (A79), who cover: the origins and filing of the 1886 Te Rohe Pōtae application; its hearing and determination by the Court and reception by Māori; the division of the land into blocks in the late 1880s; the connections between the Court and Crown purchasing during the 1890s and 1900s; the costs of survey and Court proceedings; Court processes; protections and redress; and the effects of Court titles, process and Crown pre-emption on Te Rohe Pōtae iwi and

hapū. Supplementing the research reports is the summary of primary sources in Berghan’s block research narratives, covering every land block in the inquiry district except the extension areas. The research provides substantial coverage of most major aspects of the Native Land Court’s entry into and operations in the Te Rohe Pōtae district up to 1907. Although structured thematically rather than as a block by block account, Husbands & Mitchell (A79) provide a diverse selection of case material in their general analytical study. All the above-mentioned reports covering Native Land Court operations in and adjacent to the Te Rohe Pōtae region pay attention to Māori views on and engagement with the Court. Only in a minority of instances, notably Thomas (A28) on the Mōkau blocks and the case study of Umukaimata appended to Husbands & Mitchell (A79), does the research give a comprehensive, detailed history at the block level. The extent to which this may constitute a gap in the research coverage is discussed in section 2.6.


16

The reports’ supporting documents and the document bank attached to Berghan’s narratives, containing mainly Native Land Court block order files, gazette notices and Crown land purchase correspondence, provide a large body of source documentation on the primary blocks and their main partitions, in particular land title transactions. Husbands & Mitchell (A79) have yet to file a document bank. The Native Land Court has been the subject of extensive research and intense scrutiny in many previous Tribunal district inquiries, as well as in published academic and local histories. This literature provides comparison and context at both national and local level to the history of the Court’s operations and impacts in the Te Rohe Pōtae district. Conclusions and recommendations The research addresses the district-wide issues articulated in the claimants’ joint statement of issues and is sufficient for the purposes of inquiry into the entry, role, operations and impact of the Native Land Court in the Te Rohe Pōtae inquiry district. No further research is required at the district level. The possible need for additional block-level research is taken up in section 2.6. Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:


Ch. 1-5


Ch. 7

A32 J Harris Brief of Evidence re Pouakani Block – title investigations, survey, purchase (also recorded at Wai 33, #A40)

Parts

A33 Waitangi Tribunal Wai 33 – The Pouakani Report 1993 Ch, 5, 7-13


Parts


Parts


Ch. 2.3, 5


Ch. 5, 6.6

A55 C Marr Rangahaua Whanui District 8 – The Alienation of Māori Land in the Rohe Potae (Aotea Block), 1840 – 1920, Dec 96

Ch. 4-5


Ch. 1-2-3


Ch. 2



All

Documentation:

A10 A Ivory & J Sarich Te Rohe Pōtae Native Land Court and Māori Land Council/Board Index, 1903-1940


A60 P Berghan Block Research Narratives

A60(a) P Berghan Block Research Narratives Document Bank


17




2.6 Crown and private purchasing, leasing and other acquisition of Māori land

Main claim issues Old Land Claims and pre-1865 purchasing and gifting Crown land purchasing and leasing Private land purchasing and leasing Survey and other associated costs Remedies and protections The claimants’ joint statement of issues raises a wide range of concerns about Crown and private purchasing of Māori land. On Crown purchasing they include: general Crown objectives and policy on acquiring Māori land; the extent of pre-1865 Crown purchasing and its acquisition and treatment of gifted land

and trusts; government promises and assurances and Māori understandings regarding the benefits

of alienation; the use of monopoly powers through pre-emption; Crown exploitation of Native Land Court powers and processes and later those of the

Waikato-Maniapoto Māori Land Board; inappropriate and unfair purchasing methods and the role of government agents; identifying the correct land right-holders, responding to Māori complaints and remedying

errors; advances made before title determination and inducements to promoters of land-selling; the under-valuation of Māori land; payment of fair prices for purchased land and promises of collateral benefits; the protection of Māori landholders’ rights under debt instruments; protective restrictions on alienation for both sellers and non-sellers; the discharge of the Crown’s responsibilities in imposing and lifting restrictions on

alienation; Crown purchasing of Māori land vested in Māori land councils and boards or held by the

Māori Trustee; the adequacy of reserves for Māori livelihoods, social cohesion, cultural uses and future

needs; the protection of reserves from alienation; the adequacy, timeliness and cost of surveys; the liability of Māori owners for survey costs and the assignment of land in payment of

liens; and access to redress for aggrieved Māori owners and sellers. On private land purchases the claimants focus on: the Crown’s investigation and treatment of Old Land Claims; Crown legislation and policy; consultation with Te Rohe Pōtae Māori concerning legislation;


18

protection mechanisms, including the bypassing of meetings of owners and the extent to which the Land Board acted in the best interests of Māori owners;

the terms and conditions of leases of vested land; the return of unleased land to owners and the valuation of and compensation for lessee

improvements, including the lack of sinking fund provision. Research gaps identified by researchers and claimants Counsel have identified several topics for which they consider gap-filling or additional research is necessary. They include: greater detail on specific land claims; early land transactions and non-raupatu land loss in the Waikato confiscation area; Ngāti Kauwhata and Ngāti Wehi Wehi’s land interests within the inquiry district; the alienation of the Horokawau and Toroanui reserves; the fate of Lot 355n Mangapiko Parish in the Waikato extension area; and Ngāti Hikairo’s concern about possible irregularities in alienations associated with the

Kāwhia golf course. Counsel (#3.1.436) state that block-level detail on Crown purchases is lacking, notably the purchase and selling prices, the amount paid and to whom, the quality of land sold and remaining, valuation, and prices realised from on-selling to settlers. Hearn (A12) notes that his report on land purchasing in the Raukawa rohe did not pursue all matters raised to a conclusion. Boulton’s (A70) report on early land transactions did not follow the subsequent administration and alienation of the reserves created in Crown purchases during the 1850s, mainly along the coast. Appraisal – main issues The span of this topic embraces all alienation of Māori land except raupatu and public works takings. Several features distinguish the land alienation history of the Te Rohe Pōtae district: the comparatively late start to land purchasing; the Crown’s near monopoly until 1908; the alienation from Māori ownership of approximately 43 per cent of the district between

1890 and 1910 and another 25 per cent by 1930; and the vesting and leasing of a large part of remaining Māori land. The Crown’s handling of Old Land Claims and its limited pre-1865 attempts to purchase Māori land in the inquiry district are covered in Boulton (A70) and, for the Mōkau area which became a focus of Crown interest, also in Thomas (A28). Pre-1863 land transactions in the Waikato extension area were, however, outside the scope of the research and need to be addressed to the extent that Te Rohe Pōtae hapū were involved. The alienation history of the reserves created in the 1850s Crown purchases has also not been tracked. Following the opening of Te Rohe Pōtae and the entry of the Native Land Court in the late 1880s, the planning and execution of what became in the 1890s a programme of large-scale Crown purchasing is outlined in Marr (A55) and its patterns more fully described in Boulton (A67). Husbands & Mitchell examine the role of the Native Land Court (A79), Cleaver & Sarich (A20) review land purchasing for the NIMTR and Loveridge (A68) assesses the formation of government policy and legislation on the acquisition of Māori land in Te Rohe Pōtae, the positions of Māori and Pākehā leaders and the succession of interactions and negotiations between them. Crown and private purchasing in the Te Rohe Pōtae inquiry district’s border blocks and adjacent areas outside the district is covered for the northeast and Ngāti Raukawa in Hearn


19

(A12) and the Pouakani Report (A33), for the east and Ngāti Tūwharetoa in Stirling (A53), and for the south and Whanganui in Anderson (A37, A38) and Marr (A50). For the twentieth century, the active Crown and private purchasing in the 1910s and 1920s is covered by Hearn (A73) and native townships by Bassett & Kay (A62). The alienation of raupatu lands returned to Māori in the Waikato parish and Te Akau D extensions to the inquiry district is tracked in detail by Innes (A30) and Innes & Mitchell (A65). Following the end of large-scale Crown purchasing, Māori land continued to be alienated through a variety of mechanisms under the Land Board and Māori Trustee regimes, which controlled large areas of vested Māori land and the long-term leasing of much of it to Pākehā. This complex story is related principally in Hearn (A73) and Bassett & Kay (A75). Complementing the casebook research are Berghan’s block narratives (A60) and document banks. Douglas, Innes & Mitchell (A21) give a comprehensive quantitative presentation of data on land alienation from 1840 to 2010. This report, deploying tabular data, maps and graphics, analyses patterns of alienation over time and documents the title and alienation record of each of the 269 initial blocks into which the district is divided. The research, supported by a large volume of source documentation, is presented mainly in thematic district overview reports structured under principal themes and issues. Supporting factual narratives and land transaction data are organised by block. The research and source material provide a wide range of information on the pace and manner in which Māori land was alienated, either permanently by sale or other means or relatively by vesting and leasing. The close association between land alienation and the Native Land Court, Land Board and Māori Trustee regimes receives thorough consideration. Treatment of national and district developments is well balanced. For comparison and context, there is also a large body of research from other district inquiries on the alienation of Māori land, as well as a growing academic historical literature. Appraisal – specific issues At the local level, fully worked block and partition histories are few. However, there is district-wide local coverage in the block narratives (A60) and alienation histories (A21, A30, A65), and the local evidence adduced in the district overview reports, although selective, provides a diverse range of case material. Some of the overview research is also organised by block, for instance the large Rangitoto Tuhua, Rangitoto A and Wharepuhunga blocks, which form most of the eastern half of the district and which are covered selectively but in some depth in Hearn (A73). The scarcity of block histories or detailed local case-studies raises the question, put by counsel, whether there is sufficient information to assess local claims concerning land. Plainly, some of these lack sufficient detailed information to be heard independently. But most have grievances that are similar to other claims and that fall under issues researched in the district overview reports. This in turn leads into considerations of approach and methodology, as well as whether further research is needed. A fully comprehensive approach would have local land claims researched and heard block by block. That would, however, demand very large resources in research effort and inquiry time. It would also result in many repetitive accounts of a similar and shared land history at the block and partition level. An alternative approach would be to research histories of selected blocks to help contextualise the inevitably limited array of local evidence presented in the district-scale overview research. Block selection raises the further question of how the representative status of such block histories may be established. Clearly, selecting just the potentially worst


20

cases, although relevant to claims directly arising from them, would detract from exemplifying the general pattern. A mix of criteria of representative status would therefore usually determine which blocks are selected for study – geographical balance, hapū/iwi affected, historical period, and the range of Crown policy, legislation and practices involved. Legal argument would still be needed to demonstrate that the block histories are representative of local grievances not directly covered by them. But this is, in principle, no different to connecting an unresearched local claim to a generic or ‘macro’ issue as one of a class of such claims addressed at the district level in an overview research report. The district-level analysis of the overview reports would be strengthened by case-studies of blocks representative of the main land-related issues, areas and iwi/hapū experiences. One such case-study, of the Umukaimata block, is appended to Husbands & Mitchell (A79), and Thomas (A28) conducts a full study of the Mōkau lands. Both are located in the south-west of the district and might be complemented by block histories from the south, east, north and the three harbours. However, the majority of specific claims concerning Crown purchasing have been able to rely on information drawn directly from technical overview reports, while most of the remainder outline the relevant factual details drawn from the block narratives, alienation data and source documents. As presented, most local claims adopt the generic pleadings and share features of Crown policy, legislation and practice that are fully analysed in the district overview reports. Turning to the research gaps identified by claimants and researchers, limited additional district-wide block information on Crown purchasing would enhance the descriptive and analytical contents of the technical research, which deploys extensive data but selectively and in summary form to support the points made. The main categories to be covered are the terms of sale, purchase amounts, unit prices and land quality. Ngāti Kauwhata’s land interests within the inquiry district would appear to lie principally in the large Wharepuhunga block, which is researched in detail in several casebook reports. Pre-1863 land transactions in the Waikato extension area may relate to Old Land Claims, the establishment of mission stations and schools, and Crown acquisitions for other purposes such as educational endowments. Counsel (#3.1.436) list nine deeds from the 1850s, several concerning the mission station and school at Otawhao, which is the subject of a specific claim (Wai 2014). Although there is brief treatment of educational aspects in O’Malley (A23) and Christoffel (A27), the history of pre-raupatu land titles generally falls outside the scope of the casebook research reports. The extent to which it constitutes a research gap will depend on the claim interests in these transactions of Te Rohe Pōtae iwi/hapū. The subsequent alienation of the Horokawau and Toroanui reserves, created in the 1856 purchase of the coastal Ruapuke block, is not covered. Conclusion and recommendations The casebook research and source documentation are sufficient to address claims concerning Crown and private purchasing and leasing of Māori land at the national and district levels. For the most part there is also sufficient information on specific claims concerning particular blocks and partitions to connect them with thematic research on the district’s land-related issues. Some local grievances are adequately covered in their own right and the block narratives, alienation records and document banks have factual information relevant to most. The scarcity of representative block history research is a gap in respect of local land claims and of contextualising overview research on land issues, but the gap is not a critical one.


21

There is a need for comparative block-level information on Crown purchasing from the late 1880s to the early 1920s, during which the great majority of Crown land acquisition took place. The compilation of the following data and source documentation would largely meet the requirement: An indexed document bank of Crown purchase deeds, copies of most of which were

acquired for the purposes of the land alienation overview project (A21). The deeds contain the terms of sale and the recorded names of the sellers.

Comparative block tables of the printed annual official returns of Crown purchases from 1889 to 1908, giving details of area, amount paid and price per acre. It would be impracticable to go beyond the analysis of valuation and on-selling price issues undertaken in the overview reports.

As a general proxy for land quality, a classification of land alienated from and remaining in Māori ownership by broad land use type and forest cover over 1885-1940 and in the present. This information should be presented in both data tables and maps.

A brief scoping report should assess the pre-1863 land transactions in the Waikato extension area in which Te Rohe Pōtae claimants had interests, and their subsequent title and alienation history. The alienation history of the Horokawau and Toroanui reserves forms part of a larger issue concerning the protection and alienation of land reserved or excluded from Crown purchases, which is adequately covered for Native Land Court titles in the overview reports. There is, however, little information on what happened to the reserves and excluded land created in pre-1863 Crown purchases. These, including the Horokawau and Toroanui reserves, should be the subject of a short research report. A clearer indication of the grievances arising from Kāwhia golf course land transactions is needed before any need for research can be assessed. The Ngāti Hikairo claimants may wish to revisit the matter after the further information they expect to generate from their oral and traditional history report becomes available. Matters of detail, such as the question raised by counsel regarding Lot 355n Mangapiko Parish, can be addressed in questions of clarification concerning the relevant research report, in this case Innes (A30), prior to the author’s witness appearance. Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:


All



Ch. 3 part

A21 C Innes, J Mitchell, T Douglas

Alienation of Māori land within Te Rohe Pōtae inquiry district: 1840-2010: A quantitative study, Disk also contains the individual block summary reports (which form Annex 7) (Electronic Disk)

All


Ch. 8-9

A30 C Innes Alienation of Māori granted lands within Te Rohe Pōtae Parish extension 1863 – 2011

All

A32 J Harris Brief of Evidence re Pouakani Block – title investigations, survey, purchase (also recorded at Wai 33, #A40)

All


22


A33 Waitangi Tribunal Wai 33 – The Pouakani Report 1993 Ch. 9, 11-13

A37 R Anderson Whanganui Iwi and the Crown, 1865 – 1880, Nov 04 (also recorded at Wai 903, #A70)

Ch. 4


Ch. 2.11, 3


Ch. 2, 4.5-6, 6-9


Ch. 4 parts, 6.1-6

A55 C Marr Rangahaua Whanui District 8 – The Alienation of Māori Land in the Rohe Potae (Aotea Block), 1840 – 1920, Dec 96

Ch. 4-8

A62 H Bassett & R Kay The impact of the Native Townships Act in Te Rohe Potae: Te Kuiti, Ōtorohanga, Karewa, Te Puru & Parawai Native Townships

Parts


All


All

A70 L Boulton Hapū and Iwi land transactions with the Crown and Europeans in Te Rohe Pōtae inquiry district C. 1840 – 1865, Mar 11

All

A73 T J Hearn Māori, land and the Crown in Te Rohe Pōtae c1900 to c1935, Jun 11

Ch. 8-14

A75 H Bassett & R Kay Crown Administration and the Alienation of Māori Lands in Te Rohe Potae Inquiry District c. 1931 –2010

Ch. 1



Ch. 4

Documentation:


A20(a) P Cleaver & J Sarich

Supporting papers for Turongo: The North Island Main Trunk Railway and the Rohe Pōtae, 1870-2008


A30(a) C Innes Alienation of Māori granted lands within Te Rohe Pōtae Parish extension 1863 – 2011, document bank, V1 – V9

A37(a) R Anderson Whanganui Iwi and the Crown, 1865 – 1880, Summary, Mar 08 (also recorded at Wai 903, #A70(a))

A38(a) R Anderson Whanganui Iwi and the Crown, 1880 – 1900,Summary, Mar 08 (also recorded at Wai 903, #A71(a))



A62(a) H Bassett & R Kay The impact of the Native Townships Act in Te Rohe Potae: Te Kuiti, Ōtorohanga, Karewa, Te Puru & Parawai Native Townships, Document Bank



A70(a) L Boulton Hapū and Iwi land transactions with the Crown and Europeans in Te Rohe Pōtae inquiry district C. 1840 – 1865, Mar 11. Supporting documents V1 – 3

A73(a) T J Hearn Māori, land and the Crown in Te Rohe Pōtae c1900 to c1935, Jun 11, document bank, V1 –27


23


A75(a) H Bassett & R Kay Crown Administration and the Alienation of Māori Land in Te Rohe Potae Inquiry District c. 1931 –2010, Document Bank (Index on M Drive – balance Electronic Disc only)

2.7 Public works takings

Main claim issues Legislative regime Extent and purposes of public works takings (excluding railways) Consultation and compensation Discriminatory preference for taking Māori land Return, offer-back and disposal of land no longer required The claims concerning land taken by the Crown refer mainly to compulsory takings under public works legislation and also to land gifted to the Crown for public purposes. Claim issues include the legislative regime for public works takings; consultation with affected Māori; compensation; a Crown preference for taking Māori land; and the disposal of land in excess or no longer required, in particular offer-back to the original owners. Research gaps identified by researchers and claimants Counsel (#3.1.436) have identified use of the Public Works and Domains Act 1908 as potentially significant in the alienation and loss of control of Māori land in the district. Both Christoffel (A27) and Boulton (A70) note that the land history of gifted and endowment lands, mainly for missions and government schools, falls outside the scope of their reports. Luiten (A24) points out that few local body records are available or accessible for the post-1970 period and that some claims concerning recent local body actions may therefore have been omitted from her research. Appraisal – main issues Land takings for the NIMTR are included in Cleaver & Sarich’s (A20) railways report. All other public works takings, including those under native land legislation, for scenery preservation and the disposal of gifted school sites, fall within the scope of Alexander’s (A63) thematic report. The public works regime features prominently in a number of Tribunal reports, the latest being the Wairarapa ki Tararua Report. Alexander reviews the legislative framework, including public roads and Native school gifting alongside the public works acts. His discussion of takings within the district is organised by class of taking, the principal categories being takings for road with or without compensation, takings for Native and public schools, central government takings for a range of service and infrastructural purposes, and takings initiated by local bodies. Compensation and the disposal of land no longer required get separate chapters. The analysis is contextualised by case studies, of which three address significant takings (Tokanui Mental Hospital and Waikeria Prison, Te Kuiti Aerodrome, and Raglan Aerodrome and Golf Course) and the rest are grouped into two classes (Native school sites and scenery preservation) for detailed appraisal. Supporting the report is a database of all gazetted public works takings in the district.


24

Alexander’s report provides comprehensive treatment of public works and other takings, combining policy, legislation and practice at the national level with detailed local case information from the district. Appraisal – specific issues Most of the examples and cases given in the claimants’ specific pleadings on public works takings are covered in the research. Although Alexander (A63) does not refer to the Public Reserves and Domains Act 1908, his research covers all public works takings as well as the use of its replacement, the Public Reserves, Domains and National Parks Act 1928. It is not clear what Māori land in the district, if any, was taken for public works in tandem with the 1908 Act or reserved under either Act without being taken. None of the specific claims appear to refer to the use of the 1908 Act. Conclusions and recommendations There is sufficient research on the principal issues arising from public works and other takings. The research also provides extensive details of a wide range of takings and covers most local grievances raised in the specific claims. Claimants should be requested to identify, to the best of their knowledge, which Māori-owned land subject to claim and not researched was taken for the purposes of the 1908 Act or assigned as a reserve for the purposes of the 1908 or 1928 Acts without being taken. The need for any further research can then be reappraised. Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:


Alienation of Māori land within Te Rohe Pōtae inquiry district: 1840-2010: A quantitative study, Disk also contains the individual block summary reports (which form Annex 7) (Electronic Disk)

All

A63 D Alexander Public Works and other takings in Te Rohe Potae District All

Documentation:

A63(a) D Alexander Public Works and other takings in Te Rohe Potae District, Supporting Papers

A63(b) D Alexander Public Works and other takings in Te Rohe Potae District, database (electronic excel format only)

2.8 Twentieth-century Māori land title and administration

Main claim issues Land legislation and title reform; Native townships; Land administration; Compulsory vesting; and Compulsory acquisition of uneconomic interests The claimants’ joint statement of issues raises four principal sets of issues relating to Māori land title and administration in the twentieth century. The first focuses on title reform through


25

the mechanisms of consolidation schemes and amalgamation: extent, aims, consultation, Māori owners’ consent, implementation, Crown land acquisition, promised and actual outcomes, and effects on traditional ownership patterns and Māori connections with their lands. The second concerns native townships, including legislation, consultation and involvement of Māori in their establishment, land protection, Māori participation in township management, compulsory acquisition of township land for public works and reserves, and the terms of leasing township land. The third set addresses vested lands, in particular: the establishment of the vested lands scheme; consultation and consent of Māori; the move to compulsory vesting; Crown responsibility for changes in land board composition and accountability; delegated powers and Crown oversight of the Waikato-Maniapoto Land Board/Council

and the Māori Trustee; and resourcing and capacity of the Board. Leasing is also prominent: terms and conditions, compulsory leasing and perpetual leases; management and fair returns to owners from leased and unleased land; valuation; compensation for lessee improvements; the scope and findings of the 1951 Royal Commission; the resumption of leases; and responses to Māori concerns. The fourth set raises questions about the alienation of and loss of income from Māori land under Māori Trustee control by sale, compulsory purchase, appropriation of income, mismanagement, and conversion of ‘uneconomic interests’. Research gaps identified by researchers and claimants Topics identified by counsel (#3.1.433, 436) as meriting further research include additional detail on specific land claims and access to landlocked Māori-owned blocks. Appraisal – main issues The debates, policy initiatives and legislation on Māori land title and usage in the early twentieth century are outlined in some detail in Hearn (A73), who discusses the successive shifts from limited Māori control through the Maniapoto-Tuwharetoa Māori Land Council to the close integration of the Māori land boards with the Native Land Court. Hearn traverses the series of major legislative reforms in Māori land title and administration in 1900, 1907, 1909 and 1913 and their implications for the establishment and loss of Māori control, the vesting and leasing of remaining Māori land, and the facilitation of Crown and private purchasing. His report also covers: the Native Land Commission’s 1907/08 recommendations and the different approach

taken by the government and the Waikato-Maniapoto Māori Land Board to the retention and alienation of Māori land;

the management of the large area of lands vested in the Board; the extent and terms of leasing; the developmental and financial returns and liabilities for Māori owners of both leased

and unleased land; and


26

the added pressures placed on Māori landowners in the interwar decades of rates, the land tax, farmer settlement and economic recession.

Both Hearn (A69) and Luiten (A24) analyse title consolidation and its impacts from the 1920s to the 1950s. Hearn (A69) and Bassett & Kay (A75) review initiatives taken from the 1940s to the 1960s to promote or compel title simplification by such means as amalgamation and the conversion of ‘uneconomic interests’. Bassett & Kay (A75) assess the management and administration of Māori land by the Waikato-Maniapoto Māori Land Board and the Māori Trustee from the 1930s to the 1960s, with a brief review of the latter’s role and performance in the second half of the twentieth century. They cover the administration and disposal of vested lands, lease terms and returns, and compulsory leasing and sale, in particular the post-war campaign against ‘underutilised’ Māori land, with Luiten (A25) considering the prominent role of local bodies. Although the pattern of land alienation is tracked through to 2010, little information is provided beyond the early 1970s, with a few exceptions that include the Māori Trustee and incorporations and trusts. Bassett & Kay (A62) provide a discrete report on native townships, of which three (Parawai, Karewa and Te Puru) were initiated by the government and two (Te Kuiti and Ōtorohanga) under the auspices of the district Māori Land Council. They cover all aspects from founding legislation and inception through administration by the Māori Land Board and then the Māori Trustee up to the limited reform of the perpetual leases regime in 1997 and the settlement in 2002 of compensation for past rental losses. The question of enabling access to landlocked Māori land is only briefly discussed in the research. However, Luiten (A24) considers in some depth the provision of rural roads and the isolation of rural Māori communities and farms. Notwithstanding the broad sweep and complexity of the topic, the casebook reports provide thorough coverage of most the general issues presented by the claimants. They are based on extensive primary research, the sparse coverage after the early 1970s being the principal deficiency. The national and district levels and the views and actions of Te Rohe Pōtae Māori are on the whole well balanced and integrated, subject to the usual limitations of visibility in official records. Appraisal – specific issues The research provides extensive factual detail on cases and processes involving particular pieces of land. Conclusions and recommendations On most main issues the casebook research is sufficient for the purposes of inquiry and additional research is not required. Coverage of legislation and national policy concerning Māori land in the second half of the twentieth century would be enhanced by Belgrave, Deason & Young’s report for the Central North Island inquiry (Wai 1200, #A66), which should be placed on the Wai 898 record. The issue of access to landlocked blocks can be further analysed in the economic overview report recommended in section 2.11 below. Principal relevant reports and document collections Doc # Author Title & Date Part


27


Research reports:


Ch. 7.3, 9.3

A24 J Luiten Local Government in Te Rohe Pōtae All

A62 H Bassett & R Kay The impact of the Native Townships Act in Te Rohe Potae: Te Kuiti, Ōtorohanga, Karewa, Te Puru & Parawai Native Townships

All

A69 T J Hearn Land titles, land development, and returned soldier settlement in Te Rohe Pōtae

Ch. 1-3


Ch. 1-7, 15-18

A75 H Bassett & R Kay Crown Administration and the Alienation of Māori Lands in Te Rohe Potae Inquiry District c. 1931 – 2010

Ch. 2-4

Documentation:


A24(a) J Luiten Local Government in Te Rohe Pōtae, supporting document bank

A24(b) J Luiten Local Government in Te Rohe Pōtae, digital document bank, V1 - V7 (electronic version)



A62(a) H Bassett & R Kay The impact of the Native Townships Act in Te Rohe Potae: Te Kuiti, Ōtorohanga, Karewa, Te Puru & Parawai Native Townships, Document Bank

A69(a) T J Hearn Land titles, land development, and returned soldier settlement in Te Rohe Pōtae, document bank , V1 – 17



2.9 Local government and rating

Main claim issues Delegated local body powers and Crown oversight Māori political participation and representation The rating regime and rates on Māori land The claimants’ joint statement of issues addresses the local government system and the rating regime that provided most of its local income base. It raises concerns about: Crown recognition of tino rangatiratanga and Māori self-government; Treaty obligations in local government legislation; the delegation of powers to local bodies; the effects of council boundaries for Māori communities; the impact of rating laws on Māori electoral participation; and Māori political representation. Rating issues include: the Treaty compliance of rating Māori land;


28

consultation with Māori on rating legislation; the fulfilment of Crown undertakings given during the Te Rohe Pōtae negotiations; unfairness and discrimination against Māori in the rating system and Crown treatment of

Māori land, including valuation and infrastructural investment; Crown policy and practice concerning title reform and ‘underperforming’ Māori land, its

sale and compulsory acquisition; and the findings of the 2007 rates inquiry and ensuing Crown actions. Research gaps identified by researchers and claimants Luiten (A24) notes that the absence or inaccessibility of some of the records of local authorities abolished in the 1980s seriously restricted research beyond about 1970, including local government zoning and planning and the ongoing impacts of earlier local government actions. Past and present resource management by local authorities was to be addressed in the environmental research project. Appraisal – main issues This theme focuses on Crown-created policy, law and institutions; Māori self-government is considered in section 2.3. The principal report is Luiten (A24), supplemented by chapters in Robinson & Christoffel (A71), Hearn (A73) and Bassett & Kay (A75). Much of the research addresses the tension between generating resources for local development, land productivity and rates-based taxation, with a consequential focus on the rating system, recovery of rates arrears from Māori owners, and initiatives to render Māori land more productive and taxable. Topics covered include: the national framework for local government representation, funding and rating; the early development of local government in the Te Rohe Pōtae area up to the First

World War; interwar initiatives on equity in local taxation and access to services, the balance

between central and local government funding responsibility, rating, title consolidation and Māori land development;

a renewed post-Second World War focus on the forced development, leasing or sale of ‘unproductive’ Māori land;

recent developments from the 1960s up to the 2007 local government funding review; the barriers to Māori participation and representation in local body affairs; and the marginalisation of Māori from the delivery of local body services, with a focus on rural

roading. There is little information on the new, larger district and regional councils that emerged from the comprehensive reform of local government in the late 1980s. Their role in resource management falls under the environment theme and there is some local case information in Belgrave et al. (A76). Conclusions and recommendations There is sufficient research on both the national and district dimensions of local government and rating up to 1970, and the interplay between central and local levels of politics, legislation and practice is fully articulated. Given the practical difficulties in accessing and utilising the records of local authorities before and after the local government reform of the late 1980s, further technical research on the modern period since 1970 is unlikely to yield much substantial and relevant new information and is not recommended. The thin research coverage of the last four decades can best be addressed through claimant evidence on their experience of local government policy and practice. For particular local grievances arising in recent years, it may also be appropriate to invite the local government bodies concerned to present evidence to the Tribunal.


29

Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:

A24 J Luiten Local Government in Te Rohe Pōtae All

A71 H Robinson & P Christoffel

Aspects of Rohe Pōtae Political Engagement, 1886 – 1913, Aug 11

Ch. 9


Ch. 16


Ch. 3

Documentation:

A24(a) J Luiten Local Government in Te Rohe Pōtae, supporting document bank

A24(b) J Luiten Local Government in Te Rohe Pōtae, digital document bank, V1 - V7 (electronic version)

A71(a) H Robinson & P Christoffel

Aspects of Rohe Pōtae Political Engagement, 1886 – 1913, Aug 11. Supporting documents V1 – 3



2.10 Non-land resources, environmental management and impacts

Main claim issues Degradation of the environment Depletion and loss of traditional natural resources Loss of wāhi tapu Environmental policy, management and kaitiakitanga The claimants’ joint statement of environmental issues concerns: the extent and consequences of conflict between statutory and common law and Māori

customary law; the protection of Māori land, resources and wāhi tapu from environmental degradation; consultation and involvement of Māori in environmental and resource management,

including decision-making and kaitiakitanga; and Crown oversight of delegated authority. Under these broad headings the claimants raise a wide range of issues, including: the loss of customary resource rights; the depletion of tuna; water quality and pollution; the impact of exotic species and the role of acclimatisation societies; swamp drainage, flood control, deforestation and pastoral farming; customary rights and resources in freshwater, estuarine and coastal fisheries; and protection of indigenous forests on Māori land. The claimants raise three further issues:


30

takutai moana, in particular the Crown’s legislation for control over and/or ownership of the foreshore and seabed and any obligations arising from Te Ōhākī Tapu;

harbour management, including environmental protection, recognition of Māori kaitiakitanga and Māori representation on administering authorities; and

the impact on Māori of the Emissions Trading Scheme and Crown obligations regarding the adverse effects of greenhouse gases.

Research gaps identified by researchers and claimants Counsel (#3.1.436-438, 451) have identified several topics for gap-filling or additional research, including: the impact and implications for Māori of the Emissions Trading Scheme; a range of environmental issues relating to the Mangaokewa Stream and the Waipa

River (environmental degradation, water quality, pollution, deforestation, swamp drainage, pastoral farming, quarrying, railway construction, and loss of biodiversity);

Whaingaroa harbour; the establishment and management of Pirongia Forest Park. Belgrave et al. (A76) identify research gaps concerning Whaingaroa Harbour, in particular pollution, and resource management and wāhi tapu at the mouth of the Mōkau River. Counsel for Wai 827 submits that the claimant archaeological report prepared by Kahotea (A77) on Oioroa/Aotea Scientific Reserve needs to be extended by further archaeological research. Luiten (A24) notes that her report on local government does not cover several topics more closely related to environmental issues, including resource management, pest and noxious weed control, river, harbour and drainage boards, the regional council, and management of the Waikato River. Appraisal – main issues Environmental management and impacts are addressed in two linked reports produced by a research team headed by Professor Michael Belgrave (A64, A76). Particular aspects are also treated more incidentally in several other reports, for example by Cleaver & Sarich (A20) concerning NIMTR agreements and construction impacts. Cleaver’s (A25) study of four economic sectors also briefly outlines Māori ownership rights in minerals and indigenous forests and discusses timber cutting rights, harbour management and, briefly, customary marine fisheries. Belgrave et al.’s first report (A64) is described both as a ‘scoping’ and as a ‘preliminary’ report. The first of its three sections presents a miscellany of loosely-knit chapters on historical and technical subjects. Several outline the evolution of environmental law, policy and land-use at the national and regional levels. Others summarise selected historical and recent source material across a range of topics, including freshwater customary fisheries (especially tuna), forestry, flood control, mining and pipelines. A second section presents scientific and technical information on environmental change, degradation and management (forestry, the three harbours, waterways and estuaries, and soil quality), but lacks sufficient information on the Crown’s role in environmental degradation. The final section deals with the Reischek taonga appropriation case and the legislative management of historic places, wāhi tapu and moveable taonga. The second report (A76) comprises a series of case studies identified in consultation with claimants and partly based on a participatory research method. The information from Māori informants generated by this approach complements its absence from much of the historical and scientific presentation. The cases cover a wide spread of resource types and interests


31

and most focus on specific localities. Brief general sections introduce the research, discuss general themes and summarise findings. Neither report (A64, A76) has supporting source documents. Research coverage of the environmental claim issues raised is variable, which is to a certain extent, as Belgrave et al. point out, unavoidable given the lack of attention in the official record before the 1970s. The sheer diversity of environmental issues also obliges a selection of priority issues and cases for research. The research covers a large array of topics, scientific and thematic discussions, research notes and case examples, and is sufficient in respect of some of the historical, scientific and legislative background and most of the case studies researched jointly with participating claimants. On several main topics and geographical areas, however, the coverage is incomplete, more particularly from the 1970s onwards. The document bank which CFRT has indicated (#6.2.42) that it expects to file in February 2012 will augment the available case-study information. Amongst gaps identified by claimant counsel and researchers, there is little coverage of harbour management, the impact of local government zoning, the establishment and management of forest parks. Between the late nineteenth century and the local government reform of the 1980s, an array of specialised local bodies were responsible for environmental management functions such as harbour management, drainage schemes, catchment management, scenery preservation, the introduction of exotic species, and pest and weed control. The research gives brief historical background on some aspects, including swamp drainage and scenery preservation. The Emissions Trading Scheme was not included in the casebook research programme and research is limited to a short claimant-commissioned ‘initial report’ by Allport (A80). In addition to the casebook research, there is a diverse research literature and a substantial body of official documentation from the last 40 years. The Tribunal’s recent Ko Aotearoa Tēnei report on the Wai 262 claim also provides an in-depth assessment of current Crown resource and conservation law, policy and management as regards indigenous flora and fauna and mātauranga Māori. Appraisal – specific issues The case study of the Oioroa area/Aotea Scientific Reserve undertaken by Belgrave et al. (A76) has been supplemented by Kahotea’s (A77) archaeological site visit and review, which also briefly discusses the traditional history and the modern mining, military and scientific uses of the land. The additional archaeological research proposed by counsel would assist the future heritage and scientific management of the area. For the purposes of the Tribunal’s inquiry, however, the technical research provided will suffice in combination with claimant witness evidence on the area’s Māori cultural landscape and on Crown site management and engagement with tangata whenua. The land history of Pirongia Forest Park is covered, but there is little information on its establishment and management, especially the involvement of and impacts on Māori. Whaingaroa Harbour was not included in the environment report’s case studies. Settlement and resource use have been more intense than along the adjacent coast and the area’s omission from the environmental research is a significant local gap. The environmental research provides a brief technical and historical overview of environmental degradation and water quality across the district, plus case studies of flood control and wetland drainage in the Waipa River valley. More information is needed on the


32

impacts on Māori of environmental degradation and poor water quality in the Waipa River catchment, an intensively farmed area. Conclusions and recommendations The available research should suffice for those local issues for which case-studies have been produced on the assumption that these reflect the priority concerns that the participating claimants wish to have heard. It also gives sufficient general historical background, with some district-level detail, of environmental law, policy, management and science up to the 1970s and in some cases to the present. Being in part preliminary and incomplete, it does not, however, provide adequate coverage of some district-wide environmental issues or of local claim issues not included. A district overview report on resource and environmental management is required both to fill gaps in issue and geographical coverage and to provide integrated district-level information on the principal environmental claim issues. It should focus on the modern period from the 1980s to the present and on topics not sufficiently addressed in the existing research, including the protection of wāhi tapu. It will be able to draw on the thematic and technical information and case-study material in the two reports by Belgrave et al., on the document bank to be filed, on local government official documents and publications, and, when available, on the claimant oral and traditional history reports in preparation. Additional targeted research is needed on four areas for which information is missing or insufficient, either as components of the overview report or as one or more separate short reports: A case study of Whaingaroa Harbour and surrounding area, covering environmental

management and impacts, water pollution, impacts on customary fishery resources, and cultural heritage concerns. The claimants and CFRT (#3.1.451) say that the research will be brought within the scope of the Te Tai Hau-ā-Uru oral and traditional history report, but that this report may not be able to address all local environmental issues. This research is needed, both in its own right and to provide fully rounded information on the three harbours. A practical way forward would be for the Whaingaroa claimants and CFRT to liaise with Tribunal staff once the exact scope of environmental issue coverage in the Te Tai Hau-ā-Uru is known. If any significant matters cannot be covered, targeted supplementary research should be undertaken.

The cultural and environmental impact of resource management and the protection of wāhi tapu at the Mōkau River mouth.

Water quality and the impact of environmental degradation on Māori customary values in and uses of the Waipa River and its tributaries, in particular downstream of Te Kuiti.

The establishment and management of Pirongia Forest Park, including Māori interests in the park and DOC’s engagement with tangata whenua.

Local government bodies in the Te Rohe Potae district should also be invited to file relevant documentation and present evidence on their own behalf, in particular on resource management, zoning and engagement with tangata whenua. Evidence from the claimants and DOC on engagement with tangata whenua in the management of the Pirongia Forest Park would usefully complement the targeted research described above. For local environmental issues on which claimants possess substantial knowledge, there are limits to the value that further technical research can add. For the information available to the Tribunal to be sufficient, it will also be important for claimant groups with specific environmental claims to present evidence at hearing on Crown policy and action affecting them and on the impacts they have experienced.


33

While historical research could enhance an understanding of the impact of Crown responsibilities delegated to specialised local organisations in pre-1980s local government, the main claimant focus would appear to be on the modern resource management regime of the past two decades. Further historical research on the pre-1980s regime is therefore not proposed. The Emissions Trading Scheme, on which claimant counsel propose ‘a more thorough investigation’ (#3.1.438), has also been the subject of other claims both within a district inquiry context and generally. As a contemporary policy issue of national scope, it may be considered appropriate for hearing in a separate kaupapa inquiry together with other related claims. If it is to be heard in the Te Rohe Pōtae inquiry, a dedicated research report will be required. The claims concerning takutai moana can be advanced through legal submissions and claimant evidence as to prejudicial effects. They do not require additional research. Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:



Parts of ch. 1-2

A25 P Cleaver Māori and the forestry, mining, fishing and tourism industries of the Te Rohe Pōtae inquiry district, 1880 – 2000

Specific sections

A64 M Belgrave, D Belgrave et al

Te Rohe Potae Harbours and Coast, Inland Waterways, Indigenous Flora and Fauna, Sites of Significance and Environmental Management and Environmental Impacts Scoping Report

All

A76 M Belgrave et al Te Rohe Pōtae Environmental and Wāhi Tapu Report, Aug 2011

All

A80 T Allport Report for Wai 1309, 1455, 587 and 1823 Claimants. The Emissions Trading Scheme and Treaty Claims in Te Rohe Pōtae: an initial report, 23 Dec 11

All

Documentation:



A25(a) P Cleaver Māori and the forestry, mining, fishing and tourism industries of the Te Rohe Pōtae inquiry district, 1880 – 2000, supporting documents, V1 – V4

2.11 Economic development

Main claim issues Land retention and sufficiency Ability to develop and utilise Māori land Development schemes, incorporations and trusts Economic capability and development Employment The claimants’ joint statement of issues raises the general question of Crown protection of Māori land and resources. Its focus is on the retention, after permanent alienation, of sufficient land for present and future needs. This includes:


34

the provision of adequate reserves; restrictions on alienation; Crown monitoring; adequate inquiry and information when purchasing Māori land; responses to advice and Māori representations, and assuring the viability and utility of remaining Māori land. The claimants proceed to question the Crown’s role in enabling Māori to make effective use of their remaining land and resources. State land development schemes feature prominently, including: their nature and objectives; consultation with and consent of the affected Māori owners; Māori owners’ involvement in scheme implementation; developing Māori capability in sustainable scheme management; timely handover as viable, debt-free enterprises; and comparative effectiveness as an agrarian development model. The claimants outline a range of potential obstacles to the ability of Māori to make effective use of and develop their land and resources: land loss, title fragmentation, poor land quality, landlocked blocks, inadequate infrastructure, low land and timber valuations, and inability to access credit. Also identified are unequal Crown treatment of and support for Māori owners and farmers, including returned soldier settlement and their ability to utilise their land and resources in accordance with their tikanga. More generally, a major issue is the extent of the Crown’s responsibility for enabling Māori to develop their economic capability and to share in the benefits of economic development. This includes: fulfilment of initial government assurances of development gains for Te Rohe Pōtae

Māori from the NIMTR; effective Māori participation and access to employment in the commercial economy; the ability of Māori owners to exploit their land, mineral, timber and other assets; and equality of developmental opportunities. Research gaps identified by researchers and claimants Francis (A26) indicates that he was able to find insufficient information to assess the scale of informal leasing arrangements and joint Māori-Pākehā agricultural ventures prior to 1883. Cleaver (A25) notes that the scope of his report on four economic sectors excludes other sectors: exotic forestry, apart from a brief overview; freshwater customary fisheries; and tourism apart from the Waitomo Caves. Appraisal – main issues On land sufficiency, Berghan’s (A60) block narratives and Douglas, Mitchell & Innes’s (A21) quantitative study of all alienation of Māori land enable the rate of alienation to be tracked over time by type of alienation and location of remaining land, and block by block. The various land research reports provide an appraisal of the socio-economic status of Māori communities engaged in land transactions, as well as much factual detail. They also assess the present and future sufficiency of land remaining in Māori occupation at the time of alienation, the degree of Crown awareness and self-information, and the extent to which government policy, legislation and practice did or did not deliver effective protection. Effective land utilisation is a core component of the development agenda. Several reports, notably Marr (A78) and Loveridge (A68), investigate in depth the extent to which the development of Māori land featured in the strategies and expectations of Māori and Pākehā


35

leaders and in government descriptions of future benefits flowing from the opening of Te Rohe Pōtae and the construction of the NIMTR. The lack of commercial development on remaining Māori land led into land title reform and state farming development schemes, of which Hearn (A69) gives a detailed account. He also covers post-Second World War land-based rehabilitation schemes for Māori ex-servicemen. Beyond the farm development schemes, obstacles to the effective utilisation of Māori land by Māori are well covered in the land reports, notably Husbands & Mitchell (A79), Hearn (A73) and Bassett & Kay (A75). Such obstacles included land law, titles, fragmentation, leasing and Land Board/Māori Trustee control of Māori land use. More briefly assessed are the creation, role and performance of institutions tailored for the collective management of Māori land and economic assets, in particular incorporations and trusts. The extent to which Te Rohe Pōtae Māori benefitted from general economic growth, a central counterpart in the development agenda to selling land and facilitating Pākehā settlement, is addressed for the NIMTR in Cleaver & Sarich (A20); for several leading regional sectors, in particular mining and forestry, by Cleaver (A25); and for the early twentieth-century farming economy by Hearn (A73). Francis (A26) describes the evolution of the Te Rohe Pōtae commercial economy and external trade in the half-century of self-government from 1840 to the late1880s. The research adequately covers the topics it addresses and, where incomplete, the authors note the exclusions. The focus is mainly on the extent of and opportunity for Māori economic engagement and on related Crown policy, legislation and practice. Apart from the NIMTR, there is little explicit appraisal either of district and national economic development or of comparative experiences and outcomes between Māori and non-Māori, although there is enough detail to infer some of the sectoral patterns. Again with the exception of the railway, employment in the commercial economy is covered briefly for the mining and forestry sectors but not others and not for the district as a whole. Conclusions and recommendations The casebook research adequately covers land sufficiency and development issues related to remaining Māori land. It provides insight into the extent of Māori participation in several of the leading sectors of the district’s commercial economy. Economic development opportunities and Māori capability to utilise them are a key issue in the inquiry. In order to gain a more rounded understanding of how far Māori shared in district and national economic development and the extent to which the Crown can be held responsible for the outcomes, an integrating district overview report is required on Māori economic capability, developmental opportunities, state agency in promoting or hindering development, and developmental outcomes. The study would draw for the most part on the casebook research and published official sources, data and literature. The study would fill any essential gaps in the coverage of economic sectors and would also provide a more thorough appraisal of the role of trusts and incorporations as agents of Māori-directed development. Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:

A18 N Bayley Aspects of economic development in Te Rohe Pōtae inquiry district

All


Alienation of Māori land within Te Rohe Pōtae inquiry district: 1840-2010: A quantitative study, Disk also contains the individual block summary reports (which

Data


36


form Annex 7) (Electronic Disk)


All

A26 A Francis The Rohe Pōtae Commercial Economy in the mid-nineteenth century, c.1830-1886

All

A30 C Innes Alienation of Māori granted lands within Te Rohe Pōtae Parish extension 1863 – 2011

Data

A65 C Innes & J J Mitchell

Te Akau D Alienation History Data

A69 T J Hearn Land titles, land development, and returned soldier settlement in Te Rohe Pōtae

All

A72 A Francis & J Sarich

Aspects of Te Rohe Pōtae Political Engagement, 1939 – c.1975, Government provisions for local self government for Te Rohe Pōtae Hapū and Iwi, Aug 11

Ch. 2-3


Parts


Parts

Documentation:


A26(a) A Francis Supporting documents for The Rohe Pōtae Commercial Economy in the mid-nineteenth century, c.1830-1886

A30(a) C Innes Alienation of Māori granted lands within Te Rohe Pōtae Parish extension 1863 – 2011, document bank, V1 – V9



A65(a) C Innes & J J Mitchell

Te Akau D Alienation History, document bank,

A69(a) T J Hearn Land titles, land development, and returned soldier settlement in Te Rohe Pōtae, document bank , V1 – 17

A72(a) A Francis & J Sarich

Aspects of Te Rohe Pōtae Political Engagement, 1939 – c.1975, Government provisions for local self government for Te Rohe Pōtae Hapū and Iwi, Aug 11, document bank, V1 – V2



2.12 Social services, social and cultural issues

Main claim issues Social sector provision Urbanisation and dispersion Socio-economic impacts Cultural issues The claimants’ joint statement of issues raises a number of allegations regarding two main social sectors. The first is education and includes:


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the adequacy of Māori access to primary and secondary schooling; educational standards and the quality of education provided mainly through native

schools; funding for Māori school education; Crown support for Māori education; inequality of educational opportunity and provision between Māori and non-Māori; Māori involvement in school development and management and Crown consultation; and provision for Te Rohe Pōtae reo and tikanga. The second sector is health, on which similar concerns are indicated regarding access, service provision, standards of care, consultation, equality between Māori and non-Māori, and culturally appropriate services for Māori. The claimants raise the extent of the Crown’s responsibility to address the causes of Māori ill-health. They have specific concerns about inoculation against preventable diseases, the introduction of smallpox ‘as a form of germ warfare’, care for Māori veterans affected by Agent Orange, and measures to remedy the loss of mātauranga Māori under the Tohunga Suppression Act. A number of social and cultural concerns feature in the statement of issues, including: inequality in housing assistance and its adequacy; the extent of Crown responsibility for urban migration, dispersal and loss of connection

with turangawaewae; the assimilation policy and protection of te reo; Crown consultation of Māori and steps taken to provide for traditional connections with

their taonga and protect wāhi tapu, urupā and moveable taonga; and efforts to respect tikanga and give effect to kaitiakitanga in the Crown’s relationship with

Te Rohe Pōtae Māori. For the most part, the joint statement of issues raises the question of socio-economic and cultural impacts under each main issue rather than separately. Research gaps identified by researchers and claimants Counsel (#3.1.436) point to an absence of detailed research on housing, employment, poverty and urban relocation, as well as comparative socio-economic indicators. They identify research gaps on the Tohunga Suppression Act and its impacts on Māori tikanga and wellbeing, and on the impact of colonisation on Māori mental health. Counsel consider that research is incomplete on the Crown’s treatment of wāhi tapu in legislation and land acquisition. Counsel for Ngāti Hikairo (Wai 1113) seek further historical information on several urupā variously affected by Crown purchasing, road takings and the commercial forest management of Māori-owned land. The Wai 1962 claimants seek research on racial segregation in public spaces. Christoffel (A27) and Boulton (A70) note that the history of land gifted by Māori for educational purposes and of land acquired by the Crown for educational endowment is outside the scope of their reports. Government takings and returns of land for educational and health purposes are covered by Alexander (A63). Robinson’s (A31) health sector commission ends in 1990, before the major health sector restructuring of the 1990s. One commissioned research report, on the contemporary socio-demographic status of Te Rohe Pōtae Māori, is outstanding. It is due for filing in May 2012.


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Appraisal – main issues Education and health have dedicated historical sector studies. Robinson (A31) covers Māori health status, factors contributing to Māori ill-health, and health care provision. Health status spans a wide range of indicators in demographics, including birth rates, mortality, infectious and non-infectious disease, and dental and mental health. Factors range from nutrition, specific causes such as tobacco and alcohol, socio-economic factors such as poverty, unemployment and type of work, to sanitation and housing. Māori access to health care is assessed across hospitals, primary health services and public health, and includes immunisation and campaigns against particular diseases, GPs, district nurses, schools, dentistry, and infant and maternity services. Mental health services are examined. Also covered are Māori medical professionals and initiatives in the 1980s to recognise the Treaty and tikanga Māori in health policy and service provision. Christoffel’s (A27) study of the education sector commences with early mission schools and then focuses mainly on native schools: their inception; the history of each native school in the Te Rohe Pōtae district; the evolution of the native school system; resourcing and administration; and assimilation policy and the use of te reo. He considers post-primary education; the issue of whether Māori education was dumbed down; and a range of factors inhibiting Māori access to and educational progress within the state school system. Both studies combine national and regional data with the more fragmented information available on the Te Rohe Pōtae district. The data enable some status comparisons to be drawn between Te Rohe Pōtae Māori, Māori as a whole and non-Māori. Factors affecting Māori health are intentionally limited to proximate rather than fundamental causes, such as the impact of colonisation, and are analysed at an overview level. There are a few gaps, arising mainly from lack of researchable source material or exclusion from the terms of reference of the research commissions. Traditional healing, tohunga and the Tohunga Suppression Act feature only briefly and health sector coverage ends at 1990. The Act and rongoā Māori have, however, been considered in depth in the Tribunal’s recent Ko Aotearoa Tēnei report on the Wai 262 claim and the health reforms of the 1990s in its Napier Hospital and Health Services Report. Discussion of Māori in tertiary education is brief, but there is further information in the Tribunal’s Wananga Capital Establishment and Aotearoa Institute reports. On issues concerning Māori in both the health and education sectors since the 1980s there is also an extensive published official and research literature. On aspects for which the technical research may be missing sufficient connection – by analogy or case examples – to the situation and experiences of Māori in the Te Rohe Pōtae district, claimant evidence should be able to provide valuable information. Examples include the effectiveness of government support to Māori health providers and the experience of Māori children and parents of the education provided through general primary and secondary schools. The social and economic impact upon Māori of Crown policy, actions and omissions is a complex field of analysis in Tribunal district inquiries given the multiple sources and dimensions of causation. At one end of the spectrum is the general socio-economic status of


39

Māori individuals and communities. The two social sector studies provide a wide range of descriptive and statistical information on the historical health and educational status of Māori nationally and, more patchily as the sources permit, on the district and localities within the district. Housing status and state services are considered in the health report and contextual historical information on the condition of Māori communities in the district appears in several other reports, such as Luiten (A24). However, a dedicated history of housing status and state housing assistance is lacking. Economic status and employment in the commercial economy are addressed for the pre-1883 period of political autonomy by Francis (A26) and for four of the leading economic sectors by Cleaver (A25). Again there is contextual information in several other historical reports, such as Husbands & Mitchell (A79) and Luiten (A24). As indicated in section 2.11, there are gaps in the coverage of the district’s economy, not least its core farming sector. The commissioned socio-demographic status report is expected to provide a range of contemporary data, drawn mainly from recent censuses and social statistics, on the demographic, social and economic status of Māori in the Te Rohe Pōtae inquiry district in the first decade of the twenty-first century. In addition, a document bank and a set of mainly twentieth-century demographic, social and economic data time-series on the Te Rohe Pōtae district were assembled by a team led by Tony Walzl as a support project for social issues research. Tables drawing on these data sets, which were compiled largely from national censuses but also from official statistics such as the annual sheep returns, would usefully enhance the available indicators of historical socio-economic status. At the opposite end of the spectrum are the direct impacts of particular Crown actions and omissions. These are analysed in a number of the research reports with varying degrees of detail, extent and certainty. The nexus between Māori land legislation, purchasing practices, cost recovery and protection mechanisms and attributed results for Māori in terms of land loss, title fragmentation and purchase price is extensively traversed. Particular topics addressed in the research include the social impact of European construction gangs working on the NIMTR and the economic, social and health impacts of Native Land Court sittings and costs on Māori in the 1890s and 1900s. More generally, there is sufficient evidence to appraise the direct impacts of many of the Crown policies, acts and omissions subject to claim. It can, however, be difficult to calibrate the degree of Crown responsibility without taking into account other possible causal factors. In this regard, the district economic development overview recommended in section 2.11 should enhance the conclusions reached on particular socio-economic effects. The linking of effects and outcomes through causal chains to Crown responsibility for adverse fundamental change, such as land loss, political disempowerment and socio-economic marginalisation, is a matter of interpreting the balance of evidence as a whole and for legal argument rather than further research. The degree of Crown responsibility for the urbanisation, dispersion and dislocation of Te Rohe Pōtae Māori from their ancestral land and for any effects thereof is addressed only incidentally in the casebook reports. There is, however, research from other inquiries (e.g. Te Paparahi o Te Raki) concerning national policies on and affecting post-Second World War Māori urbanisation. On cultural impacts, Christoffel (A31) assesses the effects of assimilation on te reo and tikanga in schools, and recent national trends and policy are considered in Ko Aotearoa Tēnei, as are the cultural dimensions of mātauranga Māori. Some information on the legislative and policy framework affecting wāhi tapu and fixed and moveable taonga appears


40

in Belgrave et al. (A64, A76) and incidentally in several other reports, but the research is on its own incomplete and insufficient. The claimant oral and traditional history reports underway may well provide a range of more specific information relevant to the claims. This is also a set of issues of which claimants have substantial knowledge beyond the scope of technical research that it will be appropriate for them to present directly at Tribunal hearings. Appraisal – specific issues Claims concerning the protection of urupā and wāhi tapu will commonly have an intensely local character, be deeply felt and be affected by a variety of processes and actions, such as road takings and commercial land use. There is chapter and verse on a substantial number of cases in the research, notably Alexander’s study of public works takings (A63) and Belgrave et al.’s two environmental reports (A64, A76). Inevitably some, such as those identified by counsel for Ngāti Hikairo, are not covered in the historical research. The alleged deliberate introduction of smallpox in the 1860s is discussed in Robinson (A31) and has been the subject of claimant evidence. The impact of Agent Orange on Māori war veterans in the district has not been researched. The issue raised by the Wai 1962 claimants concerns the alleged segregation of Māori in the seating of a local cinema in the mid-twentieth century and can best be addressed by claimant evidence. Conclusions and recommendations The sectoral research on health up to 1990 and on targeted Māori education, mainly the native school system, is sufficient. Gaps arising for health since 1990 and for Māori in the general education system are partly covered at the national level in research from other inquiries, several Tribunal reports and the extensive published research literature and official reports. There is sufficient information on most issues arising in the inquiry. On socio-economic impact, the commissioned report on current socio-demographic status should provide a wide range of the data available for the district. There is a good array of historical health and education status data. Many of the casebook reports discuss and give qualitative factual evidence on direct impacts attributed to Crown responsibility. In general, while supplementary research on socio-economic status, impacts and service delivery would strengthen the research base, on most aspects further technical research is not critical. Additional information is, however, required on particular topics and should be provided through: the filing of the document bank assembled by Tony Walzl’s team; a compilation of tables of historical demographic and economic data on the district,

drawing on the statistics compiled by Tony Walzl’s team; an indexed document bank of primary and printed official source material on the housing

status of Māori communities and state housing assistance to Māori. The document bank should focus specifically on the district and cover the mid-twentieth century period from the 1930s to the 1970s. It should be designed to supplement the partial research information and source documentation already available;

the filing of sections on national policy and practice concerning the urbanisation of Māori from Tony Walzl’s overview report and document bank for the Te Paparahi o te Raki inquiry (Wai 1040, #A38, A38(a)).

Some of the evidential gaps may best be addressed through the claimant oral and traditional history reports and, more appropriately than through further technical research, through claimant evidence drawn from community memory and direct experience of Crown actions


41

and omissions. This applies in particular to recent decades and to cultural issues such as the protection of urupā and wāhi tapu from land alienation, public works takings, commercial economic management of Māori-owned land and environmental damage. Complementing the claimant evidence and the research already undertaken, an assessment of the Crown’s legislation, policy and practice on the protection of wāhi tapu over the last two decades, as applied in the Te Rohe Pōtae district, should form part of the commission for the environmental and resource management overview report recommended in section 2.10. Principal relevant reports and document collections Doc # Author Title & Date Part

Research reports:

A18 N Bayley Aspects of economic development in Te Rohe Pōtae inquiry district

All



Ch. 3, 5 & 6 parts


Ch. 1 & 2 parts

A27 P Christoffel The provision of education services to Māori in Te Rohe Pōtae 1840 – 2010

All

A31 H Robinson Te Taha Tinana: Māori Health and the Crown in Te Rohe Pōtae district inquiry, 1840 – 1990

All

A64 M Belgrave, D Belgrave et al

Te Rohe Potae Harbours and Coast, Inland Waterways, Indigenous Flora and Fauna, Sites of Significance and Environmental Management and Environmental Impacts Scoping Report

Parts

A76 M Belgrave et al Te Rohe Pōtae Environmental and Wāhi Tapu Report, Aug 2011

Parts

Documentation:




A27(a) P Christoffel The provision of education services to Māori in Te Rohe Pōtae 1840 –2010, supporting documents: volumes 1 – 3

A31(a) H Robinson Te Taha Tinana: Māori Health and the Crown in Te Rohe Pōtae district inquiry, 1840 – 1990, supporting documents: volumes 1 – 3


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3 Summary of conclusions and recommendations

Most main issues are well covered by the technical casebook research. Additional technical research is needed to fill several particular gaps remaining. For two topics (environmental and resource management; economic development), more substantial research is required. The modern period from the 1970s to the present is much less visible in the technical research with several of the main issues thinly covered or missing, but many recent main and local claim issues and the continuing impacts of earlier grievances are likely to feature prominently in claimant evidence at the Tribunal hearings to come. On all issues before the Tribunal, well targeted claimant evidence on their experience of Crown policy and action will play an essential part alongside the technical research. For some issues, especially those arising in the modern period, claimant evidence would preclude the need for additional technical research, and would do so more effectively and appropriately. Claimant witnesses have already presented a wide range of evidence to the Tribunal in the Ngā Kōrero Tuku Iho hui and substantial claimant oral and traditional history reports are in preparation. Evidence from Crown and local body officials and experts would also assist the Tribunal to gain a rounded understanding of some contemporary issues, for example in the fields of environmental and resource management. The recommendations are summarised below. Recommendation Significance1

On traditional history, tribal landscape and customary rights -

Claimants not adequately covered by the oral and traditional history reports now in preparation should attempt to identify any further relevant written evidence to which they have access.

May be critical for particular groups

The principal interests of the Ngāti Kauwhata and Ngāti Wehi Wehi claimants should be brought within the scope of one of the oral and traditional history projects by way of a supplementary report or briefs of evidence.

Critical for these claimants

On constitutional issues, war and raupatu -

Further claimant evidence on the involvement of their tūpuna in the conflicts of the 1860s and on the impacts on their communities would enhance an understanding of Māori perspectives on and experiences of the wars and their impacts.

Dr O’Malley should be requested to identify and file any relevant information available on the alleged attack on Te Rore as an addendum to his report (A22).

Important for the local claim

On the Te Rohe Pōtae compact, tino rangatiratanga and kawanatanga -

Additional claimant evidence on aspects important to their claims in the later twentieth century, particularly on questions of political autonomy.

Translations of source material available only in te reo Māori that has been identified by commissioned researchers and is relevant to their reports, and opportunity for researchers to amend their reports.

Critical

On the Native Land Court -

A document bank of source material supporting Husbands & Mitchell’s overview report (A79).

Instructed


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Recommendation Significance1

On Crown and private purchasing, leasing and other acquisition of Māori land -

An indexed document bank of Crown purchase deeds. Non-critical Comparative block tables of the printed annual official returns of Crown

purchases from 1889 to 1908, giving details of area, amount paid and price per acre.

Non-critical

A classification of land alienated from and remaining in Māori ownership by broad land use type and forest cover over 1885-1940 and at present. This information should be presented in both data tables and maps.

Important

A brief scoping report on the pre-1863 land transactions in the Waikato extension area in which Te Rohe Pōtae claimants had interests, and their subsequent title and alienation history.

Non-critical

A short research report on the subsequent history of the reserves and excluded land created in the early Crown purchases of the 1850s, including the Horokawau and Toroanui reserves.

Critical for affected claims

On public works takings -

A reappraisal of the need for further research on the application of the Public Reserves and Domains Act 1908 if claimants identify any significant Māori land takings or restrictions under this legislation.

Non-critical

On local government and rating -

Claimant evidence on their experience of local government policy and practice since the 1970s.

Evidence from local government bodies on particular local grievances arising in recent years.

On non-land resources, environmental management and impacts -

A district overview report on resource and environmental management, focusing on the modern period from the 1980s to the present and on topics not sufficiently addressed in the existing research.

Critical

A case study of Whaingaroa Harbour and surrounding area, covering environmental management and impacts, water pollution, impacts on customary fishery resources, and cultural heritage concerns. This study should be executed, as agreed between CFRT and the claimants, through the Te Tai Hau-ā-Uru oral and traditional history report and through supplementary research, if required.

Critical

A short gap-filling research report on the cultural and environmental impact of resource management and the protection of wāhi tapu at the Mōkau River mouth.

Critical for affected local claims

A short research report on water quality and the impact of environmental degradation on Māori customary values in and uses of the Waipa River and its tributaries, in particular downstream of Te Kuiti.

Critical for local claims

A short research report on the establishment and management of Pirongia Forest Park, including Māori interests in the park and DOC’s engagement with tangata whenua.

Critical for affected claims

A document bank of source material supporting both reports by Belgrave et al. (A64, A76).

Instructed

If the Emissions Trading Scheme and related climate change issues are to be heard in the inquiry, a research report on its impact on Te Rohe Pōtae Māori.

Critical if issue to be heard


44

Recommendation Significance1

Evidence from claimants, local government bodies and DOC on particular local grievances arising in recent years and on engagement with tangata whenua.

On economic development -

A district overview report on Māori economic capability, developmental opportunities, state agency in promoting or hindering development, and developmental outcomes, drawing mainly on the casebook research and published official sources and literature. The study should also fill any essential sectoral gaps and provide a more thorough appraisal of the role of trusts and incorporations as agents of Māori-directed development.

Critical

On social services, social and cultural issues –

The filing of the document bank on socio-economic impacts assembled by Tony Walzl’s team.

Important

A compilation of tables of historical demographic and economic data on the district, drawing on the statistics compiled by Tony Walzl’s team.

Critical

An indexed document bank of selected primary and printed official source documents on the housing status of Māori communities and state housing assistance to Māori. The document bank should focus specifically on the district and cover the mid-twentieth century period from the 1930s to the 1970s.

Critical

Additional information

A short select annotated bibliography of significant academic and published works directly relevant to the history of the district and the main claim issues.

Non-critical

The coverage of several main or ‘macro’ issues in the inquiry concerning national Crown policy, legislation and practice can be significantly enhanced by drawing on authoritative research from other inquiries. In these cases, the relevant research reports, or excerpts therefrom, should be filed on the record of inquiry. The casebook coverage is sufficiently comprehensive that only a few such reports will be required.

Critical

Note 1: Significance ratings are entered for technical research recommendations only. ‘Instructed’ means previously directed by the presiding officer. Mapping In its 31 January 2012 update CFRT (#6.2.42) refers to the completion of a ‘mapping collection image catalogue’ of historical maps and images, which it intends to distribute to claimants during February alongside other advisory mapping services. It indicates that it will commission a ‘district overview mapbook’, to be scheduled for filing in early July. As well as serving other purposes for client support, this mapbook provides an opportunity to enhance the mapping that directly supports the research. Most of the technical research reports contain at least some reference maps and in a few the provision can be described as generous, while a minority lack maps on topics containing significant spatial information. The mapping limitations are not critical gaps, but there is ample scope for adding value in the form of historical, analytical and locational maps: reproductions of historical maps may have direct evidential as well as illustrative value; analytical maps may extend the deployment of factual evidence, for instance applying

land use values as a proxy for the quality of alienated and remaining Māori land; and


45

locational maps improve readers’ access to accounts of complicated historical processes involving places and areas.

CFRT’s undertaking (#6.2.42) to liaise with the Tribunal and claimants in preparing the district mapbook might usefully be extended to the authors of the principal technical research reports.


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Appendix A. Map of the Te Rohe Pōtae inquiry district

Map 1: Te Rohe Potae District: Overview of final boundary including extensions

, • •• ...... - ..

• • • • Karewa IS. 0

• • •

• • • 0

• •

_. •

District

• •

• • • •

......... • • • • •

.......... . Te Rohe P6tae District Inquiry boundary

c=J The Rohe P6tae as described in the 1883 petition

1:-: -:-:-:-:1 Extensions for particular groups

_.-

-• -•

te rohe pōtae district inquiry casebook review: a rapid … · 2018-02-25 · te rohe p. ō. tae...

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