Meeting with Office of Treaty Settlements

Patuharakeke – who are we?

Takahiwai

Patuharakeke- who are we?

mana whenua from tupuna primarily from Ngati Ruangaio and Ngaitahuhu - Te Taotahi and Urikuri

Patuharakeke have lived continuously in the rohe from 1760smarae at Takahiwai pre Treaty of Waitangi – Colenso 1839mana whenua in the rohe based on ahi ka , take raupatu, take

tupuna, take tuku kainga at Takahiwai, Otaika, Titahi, Toetoe, Mangapai and Tamaterau

Patuharakeke – who are we ? Patuharakeke rohe is at the border of Ngapuhi and Ngati Whatua –

acknowledged as a border zone of overlapping interests 1825 – Te Ika-a-ranga-nui battle at Kaiwaka ‘Toa ana te riri i Ngatiti, tau ana te marino i te raki’ – when there is

fighting at Ngatiti, there is peace in the North Iwi affiliations to Ngapuhi, Ngati Whatua and Ngati Wai-

Takahiwai marae is on the Runanga of all 3 Connected by whakapapa to many including Ngati Ruangaio, Te

Parawhau, Te Uriroroi, Ngati Tu, Ngati Manaia, Ngati Manuhiri, Te Uri o Hau, Ngati Rongo

Patuharakeke Rohe

Patuharakeke Rohe “all the lands beginning at Otaika then west to Tangihua ranges. This includes Ruarangi. Then south through Waikiekie and on to Taipuha and then across to Wakatarariki (Bream Tail). From Te Hauturu o Toi to Aotea and up through the Mokohinau's to the Poor Knights (Tawhitirahi and Aorangi) and encompassing Marotiri, Ngatuturu and Taranga. Back to Home Point the pa of Hikurangi then Whangarei Heads the pa of Te Whakaariki and along the north side of Whangarei Harbour to Tamaterau the small sentinel pa of Te Pirihi.

Across the harbour to the south side up through Toetoe to Otaika the point of commencement and back down the harbour to take in Kopuawaiwaha, Mangapai, Totara, Springfield, Mata, Mangawhati, Ngatiti, Takahiwai, One Tree Point, Poupouwhenua, Ruakaka, Waipu and Langs Beach at Wakatarariki Bream Tail.”

Patuharakeke- a Large Natural Grouping was accepted as meeting all the criteria of an iwi under the Runanga Iwi Act 1990-tupuna,

marae, hapu, takiwa, recognised by others recognised by neighbouring iwi and local authorities and corporates has a marae at Takahiwai, has Tupuna has a defined geographical area - “area of interest”Has had a well established governance entity for almost 25 years–Patuharakeke Trust BoardNo other Patuharakeke claimant group seeking mandate Beneficiary register currently being updated, estimated 2000 eligible registrants over the

age 18

OTS Settlement Progress Map 2012

Rohe o Ngati Whatua

Patuharakeke rohe significant commercial development over the last 50 years starting with

oil refinery 1965 proximity to deep water port, oil refinery and transport links to

Auckland, flat land for developmentNorth Holdings propose a 135 ha commercial/residential development

including a tertiary institution (private plan change approved by WDC 2011)

Northgate- a $75m industrial park adjacentWhangarei Racing Club proposal for Plan change of 50 ha coastal land to allow residential and commercial activity

Proposed site for Marsden City- ’The future is here’

Patuharakeke Te Iwi Trust Board (Inc)Patuharakeke Te Iwi Trust Board represents Patuharakeke on matters pertaining to mana whenua, mana moana, mana tangata such as recognition of Te Tiriti o Waitangi, environment and resource management and engagement, and facilitates involvement in Treaty claim process Incorporated in 1990 Trust Deed , Constitution . Minimum of 3 trustees , maximum of 7Current trustees include Ray Wassell (Acting Chair), Juliane Chetham (acting

secretary), Patsy Heperi (treasurer) , Ani Pitman , Jared Pitman and Gilbert Paki

Patuharakeke Te Iwi Trust Board Memoranda of Understanding/Significant Relationships: Whangarei District CouncilDepartment of ConservationNZ Oil Refinery LtdMighty River PowerNIWAGolden Bay CementNorthport Northgate Holdings Ltd

Patuharakeke – a long history of engagement Wiki Te Pirihi elected to Maori Parliament 1896Maki Te Pirihi petitions House of Representatives 1926 Petitions to parliament with respect to Public Works takings- 1964 Environment Court challenge “ Port Corp hearings” 1998 Whangarei District Council RMA Environment Plan 2007Submissions on Seabed and Foreshore Act 2008- 2011Presentations to various select committeesSubmission to Minister of Conservation 2010Waitangi Tribunal evidence presented in Te Paparahi o Te Raki Oct 2013Ruakaka Racecourse Zoning issue 2011 – 2013 and appeal 2014 High Court and Waitangi Tribunal application re: MRP land sales 2014

Rohe Moana

Fisheries (Kaimoana Customary Fishing) Notice(No. 1) 2009 (No. F482)

5. Confirmation of tangata whenua—Patuharakeke isconfirmed as the tangata whenua of the area/rohe moana towhich the appointment of Tangata Kaitiaki relates.

Patuharakeke Te Iwi Waitangi Claims

• Wai 504 – South Whangarei Land Claim• Wai 745 - Patuharakeke Hapu Land Claims• Wai 1308 - Pukekauri and Takahiwai blocks: Public Works takings) • Wai 1392 (Pukekauri 1A,2A) and Wai 1512 (descendants of Wiki Te

Pirihi Hetaraka)Research completed 2012, briefs of evidence presented at Stage 2

hearings in October 2013

Waitangi Tribunal Website• Te Paparahi o Te Raki (Northland) Te Paparahi• The Te Paparahi o Te Raki regional inquiry, presided over by Judge

Craig Coxhead, currently comprises around 390 claims brought largely by Ngāpuhi, Ngāti Whātua, Ngāti Wai, Ngāti Hine, Patuharakeke, Ngāti Rehua, and Ngāti Manuhiri claimants• Major issues in the Te Raki stage 2 inquiry include:• Specific local issues including the Port of Whangarei/Northport,

Marsden Point Refinery, Hauturu (Little Barrier Island) and Hato Petera College – sale of Crown Grants Lands.

Patuharakeke Waitangi Land ClaimsPatuharakeke have lived continuously at Takahiwai since the signing

of Te Tiriti o Waitangi in 1840, with the Reverend Colenso recording Whakaariki as a tohunga residing at Takahiwai during his visit to Whangarei in 1839.

The alienation of land in the rohe through Crown action has resulted in less than two percent remaining. The Crown has conceded that iwi in the Whangarei region are virtually landless and that the Crown’s failure to ensure sufficient land was retained was a breach of Te Tiriti o Waitangi.

Patuharakeke Treaty ClaimsThere are examples in the rohe of Patuharakeke of virtually all of themechanisms by which Crown actions led to alienation- confiscation,‐‑excessive Crown purchasing, failure to reserve sufficient lands, failure to protect reserved lands, the impact of Native land laws on tribal structure with fragmentation and individualisation of title, alienation in lieu of survey charges and Public Works legislation.

Te PoupouwhenuaIn breach of Article 2, the Crown through its agent John Grant Johnson confiscated Te Poupouwhenua, a block of 5000 acres

The circumstances of the confiscation have many similarities to the ceding of Te Kopuru Block as detailed in the Kaipara report

The Crown adopted the Maori concept of accepting land as “utu” as a wayof compensation for the “outrage”. This method of acquiring land was notconsistent with British law and not consistent with the practice at the timeof extinguishing Native Title which had to be done by Crown purchase oran Act of Parliament .

Confiscation of Te Poupouwhenua

Waiwarawara

Mighty River Power most of the land for sale by MRP is in Te Poupouwhenua Two of the blocks including the power station site have 27B

memorials on the title Te Poupouwhenua is of huge significance to Patuharakeke, there has

been a devastating environmental impact on the areaTe Koutu (Marsden Point) was the customary site for tuatua, pipi

gathering and the netting of piper and kahawaiTe Rauiri (Blacksmith’s Creek) was where pingao (golden sedge) was

harvested from the dunes for use in tukutuku

Tuhoronuku Independent Mandated Authority (TIMA)Kaikohe based entity to represent Ngapuhi to negotiate a settlement for Treaty

claims22 elected representatives announced 31st July 201415 are hapu representatives from 5 regions- Hokianga, Kaikohe-Waimate-

Taiamai, Whangaroa, Te Pewhairangi and Whangarei ki MangakahiaWhangarei ki Mangakahia representatives are from Ngati Toki, Te Uriroroi, Ngati

Te RinoTIMA can not meet the needs of Patuharakeke for settlement of its historical

Treaty claims‘Where a claim only relates in part to Ngapuhi, only part of that claim will be

settled’

Te Runanga o Ngati Whatua (TROW)The Runanga has progressed the iwi claims of Ngati Whatua through

Wai 303 since 1992It proposes to negotiate the partial settlement of other claims including

Wai 745The traditional northern boundary of TROW is defined as Manaia titiro

ki Whatitiri, Whatitiri titiro ki Tutamoe, Tutamoe titiro ki MaunganuiThe 19 hapu of Ngati Whatua as set out in the Charter of TROW include

PatuharakekeOf note, Te Roroa and Te Uri o Hau who are hapu of TROW, have

achieved direct settlement

Ngati Wai Trust Board (NTB)- Mandated Representative BodyNgati Wai hold their primary identity as descendants of Manaia I & IINTB will only negotiate the settlement of historical claims of hapu to

the extent that they are descended from Ngati Wai tupunaIn relation to shared or related hapu (Patuharakeke) the claimant

definition will be developed to identify the extent to which the claims of each shared hapu will be settled through NTB

A letter from OTS dated September 2013 confirms thisNTB has not completed historical research on Treaty breaches for the

southern takiwa but includes Wai 504 and Wai 745 in its mandate

Why is the position of Patuharakeke unique?Patuharakeke has maintained it’s autonomy with the Treaty claim

process and has held on to it’s mandate Patuharakeke rohe is on the border of Ngapuhi and Ngati Whatua affiliated to all 3 iwi currently negotiating with the Crown for

settlement of historical treaty claims but has mana tupuna tuturuPatuharakeke has completed comprehensive research into its Treaty

claims and proven significant breaches including raupatuThe rohe of Patuharakeke has the most extensive commercial and

industrial development in Te Tai Tokerau

Office of Treaty Settlement and PatuharakekePatuharakeke as mana whenua of this rohe is the only group that is best suited for the

Crown to settle the historical grievances of our people.We seek in the first instance, the land-banking of all s27B memorialised land currently

owned by MRP, particularly given that this was land confiscated from Patuharakeke tupuna.

Patuharakeke has maintained its autonomy and has not given it’s mandate for settlement to any group currently negotiating with the Crown

The Patuharakeke claimant group is clearly identified and the claim area well definedComprehensive historical research into Crown Treaty breaches has been completed

and presented at Stage 2 hearings- the breaches include confiscationIt is proposed that settlement would include Wai claims 504, 745, 1308,1392 and 1512Patuharakeke Te Iwi has the expertise and governance structures and capacity to

proceed in a timely manner with a Mandating strategy