North-Eastern Bay of Plenty District Inquiry

(Wai 1750)

Pre-casebook Research Discussion Paper

Therese Crocker

20 February 2020

Waitangi Tribunal Unit

Wai 1750, #6.2.5

i

The Author

Dr Therese Crocker is a Senior Research Analyst at the Waitangi Tribunal. Therese has

worked as a historian in the Treaty sector for more than 25 years, and has a long experience

preparing and assessing Treaty-related research. Over this time, Therese worked for the

Office of Treaty Settlements, Crown Forestry Rental Trust, and Crown Law Office. In 2016,

Therese completed her PhD from Victoria University of Wellington which investigated

progress in the Treaty sector in the decade 1988-1998. Therese has previously prepared

‘Māori Health Services and Outcomes Inquiry (Wai 2575) Pre-casebook Discussion Paper:

Part 1’ and Māori Health Services and Outcomes Inquiry (Wai 2575) Pre-casebook

Discussion Paper: Part 2’ for the Māori Health Services and Outcomes Kaupapa Inquiry (Wai

2575).1

Acknowledgements

My grateful thanks to my colleagues Suzanne Woodley, Dr Brendan Sheridan, Dr Tim Gassin,

Noel Harris, Nicola Kiri-Smith, Brianna Boxall, Rachel Spencer and other staff in the

preparation of this discussion paper. Thanks also to Chief Historian, Cathy Marr for advice.

E mihi ana ki a koutou katoa.

1 Wai 2575, #6.2.3; Wai 2575, #6.2.7

ii

Contents

The Author .................................................................................................................................. i

Acknowledgements .................................................................................................................... i

Contents ..................................................................................................................................... ii

Section 1: Introduction .............................................................................................................. 1

The pre-casebook discussion paper ...................................................................................... 1

A Waitangi Tribunal district inquiry ....................................................................................... 1

The establishment of the North-Eastern Bay of Plenty District Inquiry (Wai 1750) ............. 1

Claims for inclusion in the inquiry district ............................................................................. 3

Background to the North-Eastern Bay of Plenty ................................................................... 4

Methodology for preparing this discussion paper ................................................................ 6

Section 2: The Claims and existing sources. .............................................................................. 7

The scope of the claims ......................................................................................................... 7

Existing sources for the North-Eastern Bay of Plenty District ............................................... 9

Section 3: Key Issues Arising from the Claims ......................................................................... 12

1. The Tribal Landscape of the North-Eastern Bay of Plenty district ............................ 12

2. Raupatu and its immediate impacts ......................................................................... 13

3. The impacts of raupatu 1871 to the present. ........................................................... 13

4. Nineteenth-century Native Land Legislation and its impacts (other than Public

Works) ............................................................................................................................... 16

5. Twentieth-century Māori Land Legislation and its impacts (other than Public

Works) ............................................................................................................................... 18

6. Public Works .............................................................................................................. 20

7. Local government issues ........................................................................................... 23

8. Environmental issues ................................................................................................ 28

9. Health and socio-economic issues ............................................................................ 31

Section 4: Recommendations .................................................................................................. 34

Phase one: Commissioned Research reports and support projects ................................... 35

Support projects .................................................................................................................. 39

Phase Two: Research Requirements ................................................................................... 41

iii

Bibliography ............................................................................................................................. 44

Maps ........................................................................................................................................ 48

Appendix A: Preliminary list of claims identified in the North-Eastern Bay of Plenty Inquiry

District (Wai 1750) ................................................................................................................... 55

Appendix B: Bibliographical Submissions by Counsel ............................................................. 69

Appendix C: Provisional Bibliography of Sources for the North-Eastern Bay of Plenty

District ..................................................................................................................................... 81

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Section 1: Introduction

The pre-casebook discussion paper

It is usual at the beginning of Waitangi Tribunal inquires to have a Chief Historian pre-

casebook discussion paper prepared for the Tribunal and parties that sets out the extent of

the available evidence for inquiry into the claims, identifies any major gaps in coverage and

proposes what research projects might be required to address any such gaps. This pre-

casebook discussion paper has been completed by senior research analyst Dr Therese

Crocker, for the Chief Historian, and at the request of Presiding Officer Judge Doogan.

A Waitangi Tribunal district inquiry

The Waitangi Tribunal has a well-established process of grouping claims relating to a defined

geographical area together for inquiry and reporting as a district inquiry. A district inquiry

includes all historical and contemporary grievances of claimants found eligible to

participate. When the Waitangi Tribunal commences a district inquiry it establishes and

defines the geographical boundary of the inquiry district. District boundaries are largely

administrative. They do not necessarily follow customary boundaries, and in some cases cut

across them. They can be amended or extended for certain purposes or issues as an inquiry

requires. A district inquiry is open to any claimants with an interest in the district who wish

to participate, and whose claims are determined to be eligible, including those who have

grievances that have not yet been addressed by other settlements. Those claimants who

have a core interest in this inquiry district, whose claims are found eligible and who wish to

participate, are likely to be included in this district inquiry.2

The establishment of the North-Eastern Bay of Plenty District Inquiry (Wai 1750)

In late 2017, the Waitangi Tribunal held an urgent inquiry into ‘whether the Crown’s

decision to recognise the Whakatōhea Pre-settlement Claims Trust Deed of Mandate was

fair, reasonable, and made in good faith.’3 The Tribunal reported in April 2018. One of the

2 See Map 1: North Eastern Bay of Plenty Inquiry (Wai 1750) boundary. 3 Waitangi Tribunal, The Whakatōhea Mandate Inquiry Report (Wai 2662), (Legislation Direct, 2018), p.ix

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key recommendations was that Whakatōhea be provided with an opportunity to decide

how they wished to proceed with settling their claims. 4

The subsequent vote by Whakatōhea indicated significant support for both continuing

negotiations and for a prioritised Tribunal inquiry into the historical grievances of

Whakatōhea.5 Following claimant requests, on 4 June 2019, the Tribunal chairperson, Chief

Judge Isaac, directed the establishment of the North-Eastern Bay of Plenty District (Wai

1750) Inquiry to inquire into all claims with grievances that arise within the district and wish

to be heard.6 Judge Michael Doogan was appointed presiding officer and Mr Basil Morrison,

Dr Robyn Anderson, and Associate Professor Tom Roa were appointed panel members for

the inquiry. On 14 October 2019, Prue Kapua and Dr Grant Phillipson were appointed

additional panel members.7

The June 2019 direction noted that the Tribunal had previously directed a North-Eastern Bay

of Plenty district, with the rohe of Whakatōhea hapū located in the southern part of the

district. However, in 2016, the Tribunal had been advised by Te Whānau a Apanui that their

hapū wished to engage directly with the Crown and not participate in a district inquiry. That

Te Whānau a Apanui decision has caused the Tribunal to redefine a North-Eastern Bay of

Plenty inquiry district, that only now includes over the southern section of the original

inquiry district area. A new northern boundary extends inland from Torere to the Gisborne

inquiry district boundary. The remaining boundaries for the North-Eastern Bay of Plenty

inquiry district are defined by existing adjoining inquiry district boundaries for the Ngāti Awa

(Wai 46), Te Urewera (Wai 894, Gisborne (Wai 814), and the East Coast District (Wai 900)

inquiry districts. 8

It should be noted that, as at February 2020, Judge Doogan is still to confirm the final district

boundary for the North-Eastern Bay of Plenty inquiry district. Following the 29 August 2019

judicial conference, Judge Doogan invited parties to submit on the matter of final

4Waitangi Tribunal, The Whakatōhea Mandate Inquiry Report (Wai 2662), (Legislation Direct, 2018), p.97. It appears that the Waitangi Tribunal may be functus officio in relation to those claims heard in full as part of that urgent inquiry (Wai 2662), although no final decision has yet been made, see Wai 1750, #2.5.5 5 Wai 1750, #2.5.1 6 Wai 1750, #2.5.1 7 Wai 1750, #2.5.6 8 22 November 2016, Wai 1198, #2.4 & #2.4(a) see Map 2 ‘North-Eastern Bay of Plenty Inquiry (Wai 1750) district and adjacent Waitangi Tribunal district boundaries’.

3

boundaries by 11 November 2019.9 While a final decision on the boundaries is yet to be

made, Judge Doogan declined a request in November 2019 to include the Ngati Rangitihi

Inland and Coastal Land Blocks Claim (Wai 996), the Land Block Maketu A Section 72 Claim

(Wai 1475), and the Ngati Whakaaaue ki Maketu Lands (Waterreus and Others) Claim (Wai

2147) in this inquiry. 10

The Waitangi Tribunal North-Eastern Bay of Plenty district inquiry will take place alongside

the continuing negotiations between Whakatōhea with the Crown to finalise a deed of

settlement (based on the 2017 Agreement in Principle). In September 2019, the Minister for

Treaty of Waitangi Negotiations, Andrew Little, noted that it is ‘uncommon for these two

processes to occur alongside each other.’11

Those circumstances have informed the preparation of this discussion paper. The paper

identifies and proposes a plan for timely delivery of key research for the inquiry. The

proposal provides an opportunity for parties to discuss and provide feedback on proposed

for research priorities and planning, and focus before any major work is undertaken and for

possible review at key stages of the research programme.

Claims for inclusion in the inquiry district

The exact number of claims in the North-Eastern Bay of Plenty inquiry district is yet to be

finally determined. As of 17 June 2019, Waitangi Tribunal Unit staff identified a possible 87

claims that appeared potentially eligible for inclusion with that number subsequently

growing to 97 claims. As at December 2019, indications suggest that participation in the

inquiry is being sought from some 56 claimants, while there is potential for 41 more to be

eligible.12

While exact numbers of claims to be included are still to be determined and with the

statements of claim likely to be amended as the inquiry proceeds, this paper takes a broad

approach to the assessment of key research issues and requirements. It is based on reading

9 Wai 1750, #2.5.5 10 Wai 1750, #2.5.8, Paras 18-21 11 Wai 1750, #3.1.32(a) Open letter from Minister for Treaty of Waitangi Negations, Andrew Little, 20 September 2019 12 See Appendix A: Preliminary List of Claims included in the North-Eastern Bay of Plenty Inquiry District (Wai 1750)

4

and reviewing all the claims that have been identified as potentially eligible for inclusion in

the inquiry district. This broad assessment has confirmed that the key themes cover a range

of issues from the nineteenth century to the present and have a particular focus on land

issues, including raupatu, and on the environment and socio-economic matters.

At this stage of the inquiry, none of the potentially eligible claimants in this inquiry district

have been approved to receive funding from Crown Forestry Rental Trust (CFRT) for

research. It is possible, but by no means certain, that CFRT may provide some research

funding. This paper has been prepared on the basis that such research funding is not certain

and the proposed sequencing and phasing of key research takes that into account. District

inquiry research is a priority for the work of the Waitangi Tribunal Unit. Given the early

stage of this inquiry, the potential resource limitations for research, and the need for

timeliness in preparing key research, one of the key recommendations of this paper is to

take a phased approach to the technical research programme. The recommendations

described below are contingent on support for such a phased approach.

Background to the North-Eastern Bay of Plenty

The long, resource rich Bay of Plenty coastline is a predominant feature of the geography of

the North-Eastern Bay of Plenty inquiry district.13 The main rivers in the district are the

Motu, Waioeke, Otara and Waiau. The coastal flats give way to rugged inland ranges, of

which the highest is Moutohoroa at 1040 metres.14 Existing sources emphasise the

significance of the Ohiwa harbour and neighbouring estuaries in particular.15 Existing

research points to the significance of Ōhiwa harbour for those who lived in the immediate

vicinity, but also those who lived further away and travelled to access its resources.16

The district is most closely associated with Mataatua and Nukutere waka. It is noted that the

earliest Māori occupants showed a clear preference for occupying sites with easy access to

the open sea, ‘but with sheltered landing places, just within harbours or estuaries, where

13 See Map 1 North-Eastern Bay of Plenty (Wai 1750) District. 14 See Map 3: North-Eastern Bay of Plenty (Wai 1750) 3D Geographical view. 15 The inquiry district as currently defined does not include the whole of the Ohiwa harbour. 16 See Ewan Johnston, ‘Ohiwa Harbour’, (Wai 894, A116)

5

fresh water, firewood and, no doubt, the food resources of land and sea were readily

available.’17

The most readily available literature on this district tends to focus on the iwi of

Whakatōhea. Lyall, for example, notes that, according to a register held by the Whakatōhea

Trust Board, the population of Whakatōhea in 1874 totalled 690.18 The 1870 census return

recorded the Māori population in the Opotiki district as 2576.19 If that figure is compared

with the one provided by Lyall, it would suggest that Whakatōhea were approximately one-

quarter of the Māori population in the Opotiki district. Ranginui Walker, writing about his

own iwi, noted that there are more than twenty-two Whakatōhea hapū names recorded in

the minutes of the Native Land Court over time, and that these hapū occupied the coastline

from Ōhope to Te Rangi.20 At the time of the establishment of the Whakatohea Maori Trust

Board in 1952, six hapū of Whakatōhea were represented on the Board. These were Ngāti

Ruatakena, Ngai Tamahaua, Ngāti Ira, Ngāti Ngahere, Ngāti Patumoana and Ūpokorehe.21 In

recent years the complexities for Whakatōhea hapū, such as Ūpokorehe and Ngāti Muriwai,

have been considered by the Waitangi Tribunal Whakatōhea Mandate Inquiry.22

It is difficult from existing secondary sources to get a sense of occupation and population

over time in the district as a whole. The 1870 census return set out the Māori population in

the Opotiki district as 2576.23 The 1906 census recorded the Māori population of the Opotiki

County as 1319.24 The geographical area that was included in the ‘Opotiki district’ compared

with the ‘Opotiki County’ is not immediately obvious.25

17 Garry Law, ‘Archaeology of the Bay of Plenty’, Department of Conservation (Wellington, 2008) 18 A.C.Lyall, Whakatohea of Opotiki, (Wellington, 1997), p.197 19 AJHR, 1870 A11, pp.6-7 20 Ranginui Walker, Ōpōtiki-Mai-Tawhiti: Capital of Whakatōhea, (Penguin Books, 2007), p.141 21 Wai 2662, A69(a) p.860 22 See for example, Waitangi Tribunal, The Whakatōhea Mandate Inquiry Report, pp.89, 46 23 AJHR, 1870 A11, pp.6-7 24 The New Zealand Official Year-Book 1907. http://archive.stats.govt.nz/browse_for_stats/snapshots-of-nz/digital-yearbook-collection.aspx 25 In the late nineteenth century regular ‘Reports of Officers in Native Districts’ were included in AJHR. It may be possible to examine these as part of the ‘Tribal Landscape’ project recommended below.

6

Methodology for preparing this discussion paper

All of the statements of claim identified by Waitangi Tribunal Unit staff as potentially eligible

for this North-Eastern Bay of Plenty inquiry district have been reviewed to identify key claim

themes and issues. A preliminary identification of themes was prepared and circulated prior

to the 29 August 2019 judicial conference to aid discussion.26 With further analysis and

consideration of feedback from parties at the judicial conference, the identified broad

themes remain, although with some minor amendments, including to incorporate feedback

from the judicial conference. The key themes are discussed in more detail below.

Once broad claim issues were developed, consideration turned to assessing existing sources

to identify the extent of available coverage and to identify any major research gaps. That

assessment has had to be limited given time constraints, but has taken account of key

published sources, relevant Tribunal reports, relevant research reports for other inquiries

and additional information and materials submitted or referred to by counsel. 27 In the time

available, it was not possible to undertake a thorough scoping exercise. A preliminary review

has also been made of likely useful primary sources.

The assessment of existing sources enabled major gaps to be identified and helped focus

where additional research might have the most useful and timely impact. The proposals for

research were developed taking account of likely limitations and using a phased approach to

ensure the final casebook is as relevant and timely as possible. The proposed plan and

recommendations have been developed to support that approach. As this assessment is

necessarily broad, the proposed phased approach also enables opportunity for a review as

the research programme progresses.

26 Wai 1750, #2.5.3 27 For a full list of these submissions see Appendix B: Bibliographical submissions made by counsel

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Section 2: The Claims and existing sources.

The scope of the claims

As noted, a broad approach has been taken to potential claims in this district inquiry.

Waitangi Tribunal Unit staff have identified a total of 97 potentially eligible claims, all of

which have been read and reviewed for this paper.28 A table is attached at Appendix A,

identifying these claims.

At least a quarter of the claims identify raupatu (war and land confiscation under the New

Zealand Settlements Act 1863 and associated legislation and the resulting impacts) as a

significant grievance. The initial Whakatōhea raupatu claim (Wai 87) was registered in 1989.

Since that time many other claims have been registered in the district that also refer to

raupatu, its implementation, and ongoing impacts of land alienation from raupatu in the

area. Specific aspects of raupatu such as the invasion by the Crown, loss of lives, land,

taonga and wāhi tapu are listed as grievances. The alleged indiscriminate confiscation of

land, the forced removal of hapū from traditional lands, the inadequate return of land, and

insufficient compensation for the land confiscated are also featured in claims. 29

In addition, the Mokomoko whānau have made a specific claim (Wai 203) about the

treatment of their tupuna and the impacts of that for their whānau. The Mokomoko

whānau assert that for well over a century they have been stigmatised by the allegation that

Mokomoko had a principal role in the killing of Völkner.30 In June 1992, Mokomoko was

granted a posthumous pardon. However, the whānau do not consider that the pardon went

far enough and have sought a separate negotiations process.31 According to the Waitangi

Tribunal Whakatōhea Mandate Inquiry Report, following initial Crown support in 2011, the

Crown position narrowed quite quickly. The Tribunal found in that report that the ‘Crown

has not honoured its 2011 commitment to the Mokomoko whānau’.32

While raupatu is a dominant feature of claims for the district, there are also claims

concerning the significant amount of land in the district that sits outside the confiscation

28 As at 17 January 2020 29 See for example Wai 87; Wai302; Wai 558; Wai 1092; Wai 1433; Wai 1511; Wai 1758; Wai 1781; Wai 1782; Wai 1784; Wai 1787; Wai 1789; Wai 1794; Wai 1795; Wai 1797; Wai 1814; Wai 1822; Wai 1827; Wai 1829; Wai 1884; Wai 1964; Wai 2160; Wai 2229; Wai 2290; Wai 2462; Wai 2510; Wai 2609 30 Submissions of Counsel for Ūpokorehe, (Wai 46, F3), p.8 31 Wai 2662, A69(a), pp.5-7 32 The Waitangi Tribunal, The Whakatōhea Mandate Inquiry report, 2018, p.78

8

area. Land confiscation was concentrated in the generally high-quality coastal land of the

district. The remaining, lower-quality lands became even more significant for Māori to retain

if they were to support their communities. More than one third of the claims concern the

administration and alienation of these remaining lands. Those that include claims relating to

Native Land legislation and the Native Land Court, or to Crown and private land purchasing

tend to refer to the late nineteenth century. For example, the Mokomoko whānau claim

(Wai 203) alleges that interests set aside for their whānau in the Hiwarau Block were later

lost through the decisions of the Native Land Court in 1898.

There is another series of claims dating from the early to mid-twentieth-century in relation

to alienation of land through public works and the legislative and policy regimes of Maori

Land Boards, the Maori Trustee, and the Maori Affairs Department. About twenty claims

allege that these mechanisms were used to usurp Māori control over their own lands and

had detrimental impacts on land holding and management. The majority of the claims

alleging issues of Public works takings in the district appear to relate to the early twentieth

century.

Almost one third of the claims relate to issues concerning the powers and practices of local

authorities including rating, representation and provision of services. Several claims also

refer to impacts on natural resources and environmental impacts, including exclusion from

the role of kaitiaki and customary access rights. Other claims include the alleged neglect of

natural resources, including freshwater and flora and fauna. There are also claims relating to

environmental management and management of reserves, harbours, and wharves. The

majority of these claims relate to the late nineteenth century and twentieth century.

As noted, a preliminary analysis, prepared by Waitangi Tribunal Unit staff in in August 2019,

identified nine key historical themes from the claims then identified as relevant to this

inquiry district.33 The themes were

33 These were: political engagement by iwi and hapū claimants; Impact of Raupatu; Nineteenth-century Native Land Legislation; Twentieth-century land legislation and impacts; Public Works and other compulsory land takings; Local government issues; Environmental issues; and Health and socio-economic issues. Wai 1750, #2.5.3

9

discussed at the Judicial Conference held at Ōhope on 29 August 2019. Amendments were

made to the themes following further analysis and feedback from parties following the

judicial conference. Presented in broadly chronological order, the revised issues are:

1. Tribal landscape for the inquiry district;

2. Raupatu and its immediate impacts;

3. The ongoing impacts of raupatu and attempts to obtain redress from 1871 to the

present;

4. Nineteenth-century Native land legislation and its impacts (other than Public Works);

5. Twentieth-century Māori land legislation and its impacts (other than Public Works)

6. Public Works;

7. Local government issues;

8. Environmental issues; and

9. Health and socio-economic issues.

The themes are discussed in detail in Section 3, below.

As discussed in the methodology section above, these themes are necessarily broad at this

early stage of the inquiry. The themes also provide context for considering the key issues

raised in the claims and a workable basis for developing and proposing an effective and

timely research plan timetable. The same broad thematic approach has been used to guide

the assessment of existing sources and to identify possible research gaps and how they

might be addressed.

Existing sources for the North-Eastern Bay of Plenty District

Having identified the key themes emerging from the claims, this section provides some

assessment of the most relevant existing sources and identifies gaps in the coverage of

those sources. Given the limited timeframe for preparing this document, there has not been

sufficient time to carry out a more detailed assessment of sources, particularly primary

sources. It is proposed that time for scoping of sources is built into the future research

programme.34

34 Further detail is set out in Section 4: Recommendations below.

10

There is very little existing research on this district prepared for the Waitangi Tribunal. None

of the existing research on the Tribunal’s record of inquiry (ROI) is centrally focussed on the

recently created North-Eastern Bay of Plenty inquiry district. Unlike many other regions in

New Zealand, no dedicated Bay of Plenty district report was commissioned under the

Waitangi Tribunal’s Rangahaua Whanui research programme, which got underway in 1993.

That programme of research was designed to broadly examine areas that had not yet been

the subject of research through the Waitangi Tribunal inquiry process or settled through the

process of direct negotiation with the Crown. The Bay of Plenty region was not subject to a

separate report on the basis that this district had already been researched for hearings,

which were expected to be imminent.35 In the preparation of this document, the focus is on

district specific research reports and those prepared for adjacent inquiry districts.

There is limited research completed for some of the claims included in the district, such as

those relating to the original claim of Te Whakatōhea (Wai 87). Much of the existing

research has tended to be produced to meet urgent settlement needs and, as such has been

prepared under tight timeframes. Often it has taken the form of scoping reports with the

anticipation of further detailed research to follow (which has not for the most part

eventuated). For example, the research report ‘Te Raupatu o Te Whakatohea: The

Confiscation of Whakatohea Land 1865-1866’ by Dr Bryan Gilling, which provides a summary

of the raupatu of Whakatōhea lands, was prepared under tight time constraints.36

Much of the remaining research filed on the record of inquiry, such as block history

research, tends to have a narrow focus. Many of these reports were prepared as part of the

small claims research programme, which operated between 1992 and 1993 to progress

‘small’ or discreet single-issue claims. These claims usually related to one block or a small

area of land and the research reports, while providing some context, focused specifically on

these issues. An example is the 1993 exploratory report ‘Maungaroa 1 section 19’ by Anita

35 Alan Ward, Waitangi Tribunal Rangahaua Whanui Series: National Overview Volume I, (Waitangi Tribunal, 1997), p.xvi The initial hearings for the Ngāti Awa claim (Wai 46) were held in July 1994, Wai 46, #2.29 and the Tauranga-Moana (Wai 215) hearings commenced in 1998 with research being commissioned prior to this. 36 Bryan Gilling, ‘Te Raupatu o Te Whakatohea: The Confiscation of Whakatohea Land 1865-1866’, Treaty of Waitangi Policy Unit, 1994, (Wai 87, A3)

11

Miles. The block report outlines the history of the alienation of the Maungaroa 1 section 19,

near Te Kaha, as alleged in the Kaiaio Papakainga Te Kaha claim (Wai 281).37

As has been noted, the current district is almost entirely surrounded by districts that have

already been the subject of Waitangi Tribunal inquiries. To the west is the Ngāti Awa inquiry

district (Wai 46), to the south-west and south is Te Urewera inquiry district (Wai 894), and

to the south-east is the Gisborne (Wai 814) inquiry district.38 There is some material filed on

the record of inquiry for those adjacent inquiries which may be considered relevant in this

inquiry. At the judicial conference held on 29 August 2019, parties were invited to provide

details of any such research.39 Memoranda setting these out were received from seven

parties, including the Crown. This material has been coordinated and appears at Appendix C

below40. In addition, Ms Sykes, counsel for Ngāti Ira (Wai 558) identified research prepared

by Brian Easton for Ngāti Ira that might be of relevance to this inquiry.41 This research, ‘The

Economic and Social Impact on Ngati Irapuaia of the Raupatu’, was submitted and was

subsequently filed on the record of Inquiry.42

At the same judicial conference Judge Doogan sought clarification about three existing

research reports prepared by Tony Walzl, David Alexander and Mark Derby to contribute to

settlement negotiations between the Whakatōhea Pre-Settlement Claims Trust and the

Crown. These reports had previously been identified by claimant counsel. The Crown was

invited to provide access to this research to expedite the work of Waitangi Tribunal Unit

staff when considering relevant sources and assessing the potential research requirements

for the inquiry. In agreement with the Whakatōhea Settlement Trust (who are not a party to

this inquiry) Crown counsel provided online access to these reports in October 2019.43

Where relevant, these sources have been considered. It is likely that the source material will

be useful for research commissioned for this inquiry.

37 Anita Miles, ‘Maungaroa 1 section 19’, Waitangi Tribunal, 1993. (Wai 281, A1) 38 See Map 2 ‘North-Eastern Bay of Plenty Inquiry (Wai 1750) district and adjacent Waitangi Tribunal district boundaries. 39 Wai 1750, #2.5.5, para 37 40 Some of the references provided went beyond research on the Tribunal’s record of inquiry, see Appendix B: Bibliographical Submissions by Counsel 41 Wai 1750, #2.5.5 42 Brian Easton ‘The Economic and Social Impact on Ngāti Irapuaia of the raupatu’, 25 May 1996 (Wai 1750, A1) 43 Wai 1750, #3.1.33

12

There is also very little in the way of existing research on land blocks, or maps that show the

parent blocks of the district. Work to identify the parent blocks will be necessary to assess

the extent, nature and timing of alienation of the land.

Section 3: Key Issues Arising from the Claims

1. The Tribal Landscape of the North-Eastern Bay of Plenty district

A traditional history or tribal landscape report gives context to claims and provides the

Tribunal with evidence that ‘identifies claimant groups and their relationship with the land’.44

Whakapapa and description of rohe form a key aspect of many statements of claim, making

historical links to people and place across time. Many of the statements of claims refer to

matters of customary tenure and to tikanga in connection to land, waterways, and fisheries.

The Ngāti Patumoana (Hata) Claim (Wai 1775) for example, sets out the customary rohe of

Whakatōhea, and notes that Ngāti Patumoana, as a hapū of Whakatōhea, hold interests in

lands, waterways, forests, fisheries, and other taonga.45

There is also an assertion that all of the customary interests of hapū in the district may not

be well-recognised. For example, the claim on behalf of the Rongopopoia ki Ūpokorehe

alleges that over time the identities of Rongopopoia and other hapū of Ūpokorehe have

been incorporated into the wider Ūpokorehe identity through the Native Land Court process

and the establishment of the Whakatohea Maori Trust Board and that as a consequence,

wider existing research has not recognised ‘the identity, rights or interests of

Rongopopoia.’46

Only a preliminary search of secondary sources and the claims themselves was carried out

due to time constraints. Detailed scoping at the beginning of any recommended project

would be required. In the limited time available it has been difficult to locate secondary

sources that looks across this district as a whole. A thorough search of sources, such as the

Journal of the Polynesian Society, may reveal relevant sources. The published work of

Ranginui Walker and A.C. Lyall for example include detailed descriptions of the whakapapa

44 Dr Grant Philipson, Preparing claimant Evidence for the Waitangi Tribunal, 2004, p. 9. 45 Wai 1775 46 Wai 1787

13

and rohe of Whakatōhea and of the hapū that belong to it. As their focus is Whakatōhea,

they do not consider how the various hapū occupied and engaged with the landscape over

time.47

As noted, the district boundaries are administrative and do not necessarily follow customary

tribal rohe. However, it is important for the Tribunal to understand who the people are of

this district are, the context from which the claimants come, and the perceptions and

understandings that inform the claims made. Every Tribunal report for a district inquiry sets

out the Tribunal’s understanding from what it is told of the peoples making the claims for

inquiry.

It would be useful to have an overview that draws together relevant sources, sets out the

major settlement patterns, and provides a brief overview of the period of early contact.48

2. Raupatu and its immediate impacts

At the Judicial Conference of 29 August 2019, Judge Doogan acknowledged the impact of

raupatu as a prevailing grievance for claimants in this district. He proposed that a research

project focussed on raupatu and its immediate impacts in the district begin promptly. This

proposal was met by general support at that judicial conference. On 1 October 2019, a

Waitangi Tribunal Unit staff member, John McLellan, was commissioned to prepare this

overview research. It is due to be filed on 29 May 2020. 49

The focus of the report is the proclamation of the confiscation and the immediate impacts

of its implementation in the period between 1865 and 1871 including the awards of the

Compensation Court. A complete draft of this report is due to be circulated to parties for

written comments by 30 April 2020.

3. The impacts of raupatu 1871 to the present.

As noted above, the impact of raupatu is a dominant theme in the claims registered in the

North-Eastern Bay of Plenty district. Many of the claims refer to the immediate impact of

the confiscation, of warfare on the ground, and of the dislocation from traditional lands.

Those aspects will be predominantly addressed by the commissioned report referred to

47 Ranginui Walker, Ōpōtiki-Mai-Tawhiti: capital of Whakatōhea, (Penguin Books, 2007); A.C.Lyall, Whakatohea of Opotiki (Reed, 1997) 48 See Section 4: Recommendations below for more detail 49 Wai 1750, #2.3.1

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above. Many of the statements of claim allege that, beyond the immediate effect of

raupatu, there have been ongoing burdens for Māori in this district. These include the

failure to return wāhi tapu, inadequate compensation, and being left with insufficient land

on which to live.50

The state of Whakatōhea and their lands post-raupatu became a focus of the iwi and part of

that effort was the petitioning of Parliament.51 By 1908 the Stout-Ngata Commission noted

that Whakatōhea had ‘very little land left in their hands’.52 Walker asserts that the

difficulties Whakatōhea had difficulty generating income from the Ōpape Reserve resulted

in hapū leaders selling land outside the confiscation line.53 A number of petitions were sent

by Whakatōhea between 1914 and 1923 requesting an investigation into confiscation and

the return of land.54 The Sim Commission found that, while the Whakatōhea confiscations

were excessive, this was only to a small extent. It recommended an annual payment of £300

to provide higher education for the children of Whakatōhea.55 Two further petitions were

sent by Whakatōhea in 1944 and 1945.56

Relevant sources:

As has already been noted, the most accessible sources on raupatu have focussed on the

Whakatōhea (Wai 87) claim. Such research therefore provides limited coverage on the

ongoing implications of raupatu on this district as a whole. The research of Dr Bryan Gilling,

for example, recognised as a key piece of research on raupatu and Whakatōhea, focusses on

the period 1865-1866.57 The 2007 work of Ranginui Walker provides more detail about the

limitations of the reserves and the multiple attempts to seek remedies but, as clearly

signalled, it is written from the perspective of Whakatōhea alone.58 There are clear

limitations in relying on existing research to determine the experience for all hapū in the

50 See for example Wai 87; Wai 1433; Wai 1511; Wai 1553; Wai 1775 51 Walker, p.174 52 AJHR 1908 G 1m, p.1 53 Walker, p.139 54 Petition No.630 /1914, AJHR 1915 I3, p.25; Petition 235/1915, AJHR 1915 I3, p.25; Petition 336/1917, AJHR 1917 I3, p.20; see also Walker, p.175-6 55 AJHR 1928 G7 56 Petition No.37/1944, AJHR 1944, I3, p.14; Petition No.20/1945, AJHR 1945, I3, p.3 57 Gilling, Te Raupatu o Te Whakatohea: The Confiscation of Whakatohea Land 1865-1866, Treaty of Waitangi Policy Unit, 1994 (Wai 87, A3) 58 Walker, Ōpōtiki-Mai-Tawhiti: Capital of Whakatōhea

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district. For example, it is unclear from existing research whether, in this period, petitions

were sent from groups in the district other than Whakatōhea.

Consideration must also be given to the outcomes on the ground. Further research will be

necessary to understand the outcomes for Māori who were considered ‘rebels’ and those

considered ‘loyal’, for those who received reserves, and those that did not have lands

returned. The situation appears to be complex and unsystematic. Ūpokorehe, for example,

were awarded land in the Hiwarau Block and Hokianga Island by Crown Agent Wilson in an

out-of-court arrangement.59 According to Wilson, these ‘Ohiwa Natives’ had ‘reverted to

rebellion and again surrendered.’60 The Crown grant of an area of the Hiwarau Block was

apparently not registered until 1886 (twenty years after the proclamation of confiscation).61

Ewan Johnston notes that, it was later claimed that the list of owners included people who

were not recognised as belonging to Ūpokorehe.62 This matter was the subject of later

petitions by Ūpokorehe to the Crown. It is neither clear how this matter was resolved nor

whether such anomalies were common in this period.

The 1928 Sim Commission report recorded that the total area of the eastern Bay of Plenty

confiscation district was 448,000 acres. Out of this total, 118,000 acres were recorded as

being returned to ‘loyal Natives’ and 112,300 acres to ‘rebel Natives’, and 6340 acres were

recorded as having been sold privately prior to confiscation taking place. The total amount

confiscated by the Crown was therefore given as 211,060 acres. A significant amount of the

land returned following confiscation was on the Opape Block. Matters that will need to be

addressed in future research include living conditions on the block, the long-term

implications of having so much coastal land acquired by the Crown, and attempts across the

district to seek remedies.

The Sim Commission found that ‘the penalty paid by the Whakatohea, great as was their

offence, was heavier than their deserts.’63 A recommended £300 per annum for education

purposes did not eventuate and it was not until 1946 that Whakatōhea were paid £20,000

59 Johnston, Wai 894, A14, p.55, citing Miles Te Urewera, p.129 60 Johnston, Wai 894, A14, p.56, citing Wilson to McLean, AJHR 1872 C 4, p.6 61 Johnston, p.60 62 Johnston, p.68 63 Sim Commission AJHR 1928 G 7, pp.21-22

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compensation. The works of Gilling and Walker also refer to some of the difficulties with

getting the recommended compensation actually paid.

It would be useful to have an overview that draws together relevant sources and examines

the ongoing impacts of raupatu from 1871 to the present.64

4. Nineteenth-century Native Land Legislation and its impacts (other than Public Works)

At least 34 of the claims analysed in the preparation of this paper relate to nineteenth

century land transactions. This includes Crown and private purchasing, and the process and

costs associated with the Native Land Court. Preliminary research suggests that there was

significant Crown land purchasing in the district from the 1870s through to the early 1900s.65

For example, the Upokorehe claim (Wai 1092) alleges that the Crown failed to protect their

customary interests in the Tahora No.2 block.66 This matter is also mentioned in the

statement of claim for Turangapikitoi Hapū Claim (Wai 1794) and the Rongopopoia ki

Upokorehe claim (Wai 1787). In addition, transactions in the Waimana and Hiwarau blocks

during the nineteenth century are mentioned in relation to these statements of claim.

Relevant Sources:

Nationally the scale and pace of the acquisition of Māori land over time has been well

documented. During the period 1865 to 1899 ‘most of the land and the control’ of the North

Island was transferred from Māori to Pākehā hands.67 There are a number of standard

published works on nineteenth century Māori land alienation. These include John Williams,

Politics of the New Zealand Maori and Alan Ward, A Show of Justice.68

Previous reports of the Waitangi Tribunal examining other districts have found that the

Native Land Court and associated legislation had a significant and almost exclusively

64 See Section 4: Recommendations below for more detail 65Peter Boston and Steven Oliver, ‘Tahora’, Waitangi Tribunal, 2002, (Wai 894, A22; Wai 814, I3) 66 Wai 1092. 67 Alan Ward, Rangahaua Whanui Series: National Overview, Volume I, (Waitangi Tribunal, 1997), p.69 68 John A. Williams, Politics of the New Zealand Maori: Protest and Cooperation 1891-1909 (University of Washington Press, 1969), Alan Ward, A Show of Justice: Racial ‘amalgamation’ in nineteenth century New Zealand, (Auckland University Press, 1995)

17

negative impact on Māori across the country, for example the Central North Island inquiry,

the Gisborne Inquiry, and the Wairarapa Inquiry.69

Several reports have, however, been identified that examine blocks in which claimants have

identified interests. These include Jeffrey Sissons ‘Waimana Kaaku: A history of the

Waimana Block’ which noted Whakatōhea and Te Ūpokorehe interests in the Waimana

Block (located in the lower Tauranga Valley). Sissons’ report is focussed on Tūhoe so details

of the North-Eastern Bay of Plenty connections are not examined closely. The report does,

however, cover the investigation of title, partitioning, and alienation (leases and sales) of

the block.70

The research of Steven Oliver and Peter Boston into the Tahora No.2 block which is also

mentioned in claims assessed for this paper notes the interests of Te Whakatōhea and of Te

Ūpokorehe in the north of the 213, 350-acre block.71 The report examines the details of the

survey of the block and the 1889 Native Land Court title determination by Judge O’Brien.

Details of the Crown purchase activity between 1891-1902 are traversed in chapter six of

the report. While there is reference to the purchase of interests involving individuals from

Whakatōhea, the report does not provide a comprehensive assessment of the interests of

Whakatōhea and associated hapū in the block, or details of the alienation of those interests.

Chapter seven of the report provides analysis of the survey and alienation of Tahora 2A in

the twentieth century. According to Oliver and Boston, in 1902, Erueti Tamaikoha and

eleven other Māori, representing both Tuhoe and Whakatōhea, petitioned Parliament about

the Validation Court’s partition of Tahora 2A in 1896. The research suggests that the

reference to ‘Whakatōhea’ in this context may in fact be referring to Ūpokorehe.72

The Waitangi Tribunal has previously reported on the Tahora Block in the Te Urewera

report.73 As would be expected, the focus of that report is on Tuhoe, not the hapū from the

North-Eastern Bay of Plenty district.

69 He Maunga Rongo: Report on North Island Claims, Stage One (Wai 1200), (Legislation Direct, 2008). Waitangi Tribunal, Turanga Tangata Turanga Whenua: The Report of the Turanganui a Kiwa Claims (Wai 814) (Legislation Direct, 2004), The Wairarapa ki Tararua Report (Wai 863), (Legislation Direct, 2010). 70 Jeffrey Sissons, ‘Waimana Kaaku: A history of the Waimana Block’, Crown Forestry Rental Trust, 2002, (Wai 894, A24), Chapter Two 71 Wai 1092, Wai 1553, Wai 1787, Wai 1794 72 Boston and Oliver, p.166 73 Waitangi Tribunal, Te Urewera (Wai 894), (Legislation Direct, 2017) in particular Volume III, chapters 10 and 12

18

Research has also been completed on the Hiwarau Block by Ewan Johnston in his report

entitled ‘Wai 203 and Wai 339 Research Report’. This report examines the interests of

Ūpokorehe and the partition of the Hiwarau Block through the Native Land Court. The blocks

amalgamation and the involvement of the Maori Trustee with the administration of the block

are also covered.74

It also appears that there were a number of Old Land Claims in the Opotiki District, although

none of the current statements of claim mention these specifically. The Report of the Royal

Commission To Inquire Into And Report On Claims Preferred By Members of the Maori Race

Touching Certain Lands Known As Surplus Lands of the Crown, (also known as the Myers

Commission) identified 6,641 acres of surplus land in the Opotiki district and recommended

the payment of compensation.75 Ranginui Walker records that £4648 of surplus lands

compensation was paid to the Whakatohea Maori Trust Board.76

The alienation and administration of Maori land in the nineteenth century appears to be

matters for further district-focussed research.

5. Twentieth-century Māori Land Legislation and its impacts (other than Public Works)

At least 15 statements of claim for this district refer to the impacts on Māori in the district

of twentieth-century legislation and policies. These include consolidation schemes (such as

the Ngaitai consolidation scheme) and land development schemes.77 Claimants also raise

issues concerning the actions of District Maori Land Boards, in particular the transfer of land

to these bodies without checking whether there was adequate land for present and future

needs of hapū.78. There are also at least ten claims that mention the actions of the Maori

Trustee.79 The Ngai Tamatea Hapū ki Waiotahe Lands Claim (Wai 1511) for example, alleges

that the Crown through the establishment and operation of the Office of the Māori Trustee

74 Ewan Johnston, ‘Wai 203 and Wai 339 Research Report’, Waitangi Tribunal, June 2002 (Wai 894, A14) see in particular, section 5 75 AJHR 1948 sess I G8, p.118 76 Ranginui Walker, Ōpōtiki-Mai-Tawhiti, p.199 77 See for example Wai 1511; Wai 1758; Wai 1775; Wai 1781; Wai 1795; Wai 1796; Wai 1814; Wai 1830; Wai 1884; Wai 2006 78 See for example Wai 864; Wai 1511; Wai 1758; Wai 1775; Wai 1781; Wai 1795; Wai 1884 79 See for example Wai 78; Wai 1511; Wai 1758; Wai 1775; Wai 1795; Wai 1797; Wai 1814; Wai 2107; Wai 2462

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failed to adequately protect the retention of Māori land by empowering the Maori Trustee

to facilitate the alienation of land. In addition, the statement of claim states that the Crown

failed to adequately monitor the activities of the Maori Trustee.80

The Torere claim (Wai 78), refers to land included in the Ngaitai Consolidation Scheme that

was surveyed by the Crown without the permission of the owners. At least two other claims

also allege compulsory involvement in consolidation schemes.81 Land Development Schemes

established and administered by the Crown are another twentieth-century land issue raised

in at least ten statements of claim. The main allegation raised by the Ngai Tama Haua

(Biddle) Claim (Wai 1781), and reiterated in several other statements of claim is that the

Crown established, maintained, administered, and managed such schemes without

sufficient consultation or the provision for affected hapū to express concern or have

effective input into the management of such schemes.82

Relevant sources:

At the beginning of the twentieth century, land retention and land development were

significant issues for Māori. Nationally, the increased focus on land productivity in the

period 1900 to 1930 resulted in very rapid alienation of Māori land through private and

Crown purchasing. The Native Land Act 1909, in operation from 1910 to 1930 was the

catalyst for significant alienation.83 By the time the Stout-Ngata Commission assessed the

land availability in the Opotiki County, it found that Whakatōhea had little land remaining

and did not have surplus land to sell.84

There are a number of standard published works on twentieth century Māori land

alienation. Including Richard Hill, State Authority, Indigenous Autonomy Crown-Maori

Relations in New Zealand/Aotearoa 1900-1950.85

There are also a number of reports prepared for other district inquires, and for the

Rangahaua Whanui Programme that focus on Māori land administration in the twentieth

80 Wai 1511 81 Wai 780; Wai 2307 82 See for example Wai 1511; Wai 1758; Wai 1775; Wai 1781; Wai 1795; Wai 1796; Wai 1814; Wai 1830; Wai 1884; Wai 2006 83 Ward, ‘Rangahaua Whanui Series: National Overview, Volume I’ (Waitangi Tribunal, 1997), p.98 84 AJHR 1908 G 1m, p.1 85 Richard Hill, State Authority, Indigenous Autonomy: Crown-Maori Relations in New Zealand/Aotearoa 1900-1950 (Victoria University Press, 2004)

20

century. These include, Don Loveridge ‘Māori Land Councils and Māori Land Boards’, ‘The

Development of Crown Policy on the Purchase of Māori Lands, 1865-1910’, Leah Campbell

‘National Overview on Land Consolidation Schemes 1909-1931’, and Ashley Gould, ‘Māori

Land Development Schemes: Generic Overview, circa 1920-1993’.86

The Waitangi Tribunal has previously reported on aspects of twentieth century land

administration and land purchase policies. For example, He Maunga Rongo: Report on North

Island Claims, Stage One, Turanga Tangata Turanga Whenua: The Report of the Turanganui

a Kiwa Claims, and Te Urewera, volume iv.87

Ranginui Walker makes reference to the Whakatōhea development scheme.88 Aside from

that there is very little in available secondary sources relating to the district.

It would be useful to have an overview of the policy and legislative regime of this period,

and for further research to focus on specific details of major twentieth century claim issues

raised in statements of claim.

6. Public Works

Some 35 statements of claim contain allegations concerning the compulsory taking of

inquiry district Māori land for public works purposes.89 Claims concern both the legislative

and policy regime that underpinned compulsory takings of Māori land for public works. The

statements of claim provide varying levels of information on the locality of the land, the

86 D Loveridge, ‘Māori Land Councils and Māori Land Boards’, Waitangi Tribunal Rangahaua Whanui Series, 1996, D Loveridge, ‘The Development of Crown Policy on the Purchase of Māori Lands, 1865-1910’ (Wai 1200, A77). Commissioned research report. Wellington: Crown Forestry Rental Trust, 2004; Leah Campbell, A report commissioned by Crown Forestry Rental Trust, June 1998, (Wai 1200, A62); Ashley Gould, ‘Māori Land Development Schemes: Generic Overview, circa 1920-1993’, An Overview Report Commissioned by Crown Forestry Rental Trust, September 2001, (Wai 1200, A67) 87 He Maunga Rongo: Report on North Island Claims, Stage One (Wai 1200), (Legislation Direct, 2008). Waitangi Tribunal, Turanga Tangata Turanga Whenua: The Report of the Turanganui a Kiwa Claims (Wai 814) (Legislation Direct, 2004), Waitangi Tribunal, Te Urewera Report Vol iv. (Wai 894), (Legislation Direct, 2017) 88 Ranginui Walker, Ōpōtiki-Mai-Tawhiti, pp.185-188 89 Legislation identified in claims as relevant to the taking of land for public works and other purposes, compensation paid for land taken, and the disposal of taken land no longer required by the Crown includes: Conservation Law Reform Act 1990, Finance Act No 2 1936, Land for Settlements Consolidation Act 1900, Land Act 1948, Native Land Act 1909, Native Land Amendment Act 1931, Public Works Act 1870, Public Works 1908, Public Works Act 1928, Public Works Act 1981, Public Works Amendment Act 1982, Reserves and Domains Act 1953. For a much fuller consideration of the range of legislation and policy related to public works and other takings see Cathy Marr, ‘Public Works Takings of Maori Land, 1840-1981’ Rangahaua Whanui National Theme G (Wellington: Waitangi Tribunal, 1997).

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time period when it was taken, the purpose for which it was taken, the subsequent history

of the lands after they were taken, the impacts of the takings and efforts to have the lands

returned to Māori.90 It appears from the statements of claim that both the Crown and local

government were involved with public works takings in the inquiry district.

Some of the major claim issues concerning public works takings in this district include the

taking of Māori land for the Moutohora Quarry (Wai 864), located in Whakapaupakihi No.2

block, and a claim registered by Waiwhakaata Lines, and other owners of Torere 21 Block

(Wai 2307) relating to the taking of land for a road in 1937. In addition, a number of claims

concern the alleged failure to use the land for the public works purpose for which it was

taken and/or the failure to return the land when it was no longer required for the public

work.91

Several claims allege land was taken by Crown and local bodies for reserves and ‘public

purposes’.92 A further eight claims mention the taking of land for ‘scenic reserves’.93 Several

of these statements of claim are more specific. The claim of Len te Moana and the

Proprietors of The Orete incorporation (Wai 930) concerns land taken for the construction

of a wharf on Orete N block. A claim registered by Ūpokorehe (Wai 1092) concerns the

compulsory acquisition of land from the Hiwarau block for scenic purposes for what

ultimately became the Matekerepu Historic Reserve and, the taking of land for wharves and

structures in Ohiwa Harbour.94 The Whanarua Bay land blocks claim (Wai 1121), alleges that

Māori land was compulsorily vested in the Ōpōtiki District Council for a recreation reserve.

A number of these claims regarding takings under public works legislation also concern

environmental issues. These are discussed in the environmental issues section below.

Relevant sources:

There are a number of standard published works on public works takings and takings of

Māori land for public works. These include Peter Salmon’s, The Compulsory Acquisition of

Land in New Zealand and Peter Adams, Fatal Necessity: British Intervention in New Zealand,

90 See for example Wai 70; Wai 213, Wai 224, Wai 281, Wai 434, Wai 780, Wai 864, Wai 930, Wai 1092, Wai 1121, Wai 1553, Wai 1779, Wai 1788, Wai 1789, Wai 1892, Wai 2186, Wai 2212, Wai 2307, and Wai 2404 91 See Wai 213, Wai 242, Wai 434, Wai 780, Wai 864, Wai 930, Wai 1788, Wai 1892 92 Wai 1511, Wai 1758, Wai 1775, Wai 1781, and Wai 1884. 93 Wai 2006, Wai 2008, Wai 2049, Wai 2055, Wai 2066, Wai 2097, Wai 2107, and Wai 2462. 94 Wai 1092

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1830–1847.95 There are also a number of general research reports such the report in the

Waitangi Tribunal Rangahaua Whanui series (National theme report, G) ‘Public Works

Takings of Maori Land, 1840-1981’ by Cathy Marr, which provides an examination of the

origins and nature of legislation and policies relating to public works takings and the broader

history of public works in New Zealand with a focus on Māori land.96 Research reports have

also been commissioned for previous Tribunal inquires, such as Philip Cleaver’s , ‘The Taking

of Māori Land for Public Works in the Whanganui Inquiry District, 1850-2000’ and Peter

McBurney’s ‘Northland: Public Works and Other Takings, c1871-1993’.97

Over a number of decades, the Tribunal has established a clear view on public works takings

of Māori land through several major reports including The Turangi Township Report of 1995,

He Maunga Rongo: Report on North Island Claims, Stage One in 2008, Turanga Tangata

Turanga Whenua: The Report of the Turanganui a Kiwa Claims, and Tauranga Moana 1886-

2000: Report on the Post-Raupatu Claims (Wai 215) 98

There is a specific report which examine the history of public works takings of Māori land

from a claim that has been identified in the preliminary list of claims. The ‘Maraehako, Te

Kaha’ report by Anita Miles focusses on the Maraehako Land claim (Wai 224), and the

takings of land in the block for road purposes, the subsequent return of some of the land,

the failure to return some former roadways, and the role of the Maori Trustee.99

Several reports commissioned for the Te Urewera inquiry examine the public works takings

for roads and areas that were within that inquiry district, but also impact on claims

identified as having an interest in the current inquiry district. For example, Peter Boston and

95 Peter Salmon, The Compulsory acquisition of land in New Zealand (An exposition of the provisions governing the compulsory acquisition of land and the assessment of compensation therefor under the Public Works Act 1981). Wellington: Butterworths, 1982; Peter Adams, Fatal Necessity: British Intervention in New Zealand, 1830–1847, Auckland University Press, 1977 96 Cathy Marr, ‘Public Works Takings of Maori Land, 1840-1981’. Rangahaua Whanui National Theme G. Wellington: Waitangi Tribunal, 1997. 97 Philip Cleaver, ‘The Taking of Māori Land for Public Works in the Whanganui District, 1850-2000’, Waitangi Tribunal, 2004 (Wai 903, A57); Peter McBurney ‘Northland: Public Works and Other Takings, c1871-1993’, CFRT, 2006 (Wai 1040, A13); and David Alexander ‘Public Works and Other Takings: The Crown’s acquisition of Māori-owned on the East Coast for specified public purposes’, CFRT, 2007 (Wai 900, A19) 98 Waitangi Tribunal, Turangi Township Remedies Report (Wai 84) (Brooker’s, 1995); Waitangi Tribunal, He Maunga Rongo: Report on North Island Claims, Stage One (Wai 1200), (Legislation Direct, 2008). Waitangi Tribunal, Turanga Tangata Turanga Whenua: The Report of the Turanganui a Kiwa Claims (Wai 814) (Legislation Direct, 2004), Tauranga Moana 1886-2000: Report on the Post-Raupatu Claims (Wai 215), (Legislation Direct, 2010). 99 Anita Miles, ‘Maraehako, Te Kaha’, Waitangi Tribunal, 1993. (Wai 224, A1)

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Steven Oliver’s ‘Tahora’ report outlines the acquisition of land from the block for the

Waioeka Gorge Scenic Reserve (which appears to straddle the inquiry district boundary).100

Ewan Johnston’s ‘Wai 203 and Wai 339 Research Report’ includes discussion concerning

Ūpokorehe and the Hiwarau block, including the taking of land under public works and

scenery preservation legislation to form what eventually became Matekerepu Historic

Reserve, which is potentially included in this district

Several research reports concerning public works takings in neighbouring inquiry districts

provide useful context. In particular, David Alexander’s 2007 ‘Public Works and Other

Takings: The Crown’s acquisition of Maori-owned land on the East Coast for specified public

purposes’ is an extensive report which examines the taking of Māori land in that district for

a range of public purposes and provides an overview of the national legislative framework

under which this occurred. Discussion of the taking of land for roading purposes for what is

now State Highway 35 may be relevant to the North-Eastern Bay of Plenty district as issues

related to takings for this highway are raised by claimants.101 .

There is sufficient material available to provide necessary overview of public works taking

policy practices and legislation for this inquiry district and the Tribunal has set out its well-

established view over a number of reports. There is also additional research on a number of

specific public works takings for this district, although not all. It would be useful to have an

overview that draws together what is already known about the policy and legislative regime

of public works takings and can fill in any gaps to provide some further specific details of

major claim issues for specific takings in this district, not already covered.

7. Local government issues

Around 26 statements of claim raise issues concerning local government for this inquiry

district. The claims focus on the rating of Māori land by local authorities and legislation that

allowed the Native Land Court (later Māori Land Court) to issue rates charging orders

against Māori land to enforce the payment of rates. Claimants state that rates were an

unfair burden on Māori land owners and unaffordable. Claims allege that rating impacted on

100 Boston and Oliver, ‘Tahora; (Wai 894, A22) 101 David Alexander, ‘Public Works and Other Takings: The Crown’s acquisition of Maori-owned land on the East Coast for specified public purposes’. CFRT, 2007. (Wai900, A19); see also accompanying spreadsheet of East Coast takings (Wai900, A19(a))

24

the retention of Māori land (such as Whangaparaoa 2N and the Torere blocks that made up

the Ngaitai Consolidation Scheme); that rates were unfairly deducted from the proceeds of

sale when Māori land was sold; that rates arrears remained on blocks amalgamated into

Hiwarau C in the 1960s; and that owners were threatened with the compulsory sale of their

land due to the non-payment of rates when Māori land was ‘Europeanised’ in the 1960s

(such as Omaio 17). Claimants also raise concerns around the way that Māori land is rated

today.102

Representation and the provision of services by local authorities are another focus of claims

concerning local government Claims allege that that there has been and continues to be

inadequate Māori representation on local authorities, that local authorities did not

represent Māori, did not work in partnership with Māori, and did not provide adequate

services and infrastructure to Māori land. Claimants allege that the Crown failed to ensure

that local authorities (and other bodies) provided with such responsibilities adequately

protected water quality, wahi tapu, and places of cultural significance in the rohe.103

Various local authorities have had jurisdiction over the inquiry district from the 1870s until

the present day. These include the Whakatane County Council (1876-1900), Opotiki County

Council (1900- 1989) Opotiki Town District (1874-1911), Opotiki Borough Council (1911-

1989), Opotiki Highway Board (later renamed Opotiki Road Board) (established circa 1872),

Whakatane Harbour Board (1912-1989) and Ohiwa Harbour Board (1925-1989). It is likely

that other local authorities also had jurisdiction in the district and further research will be

required to identify these. From 1989, following the nation-wide re-organisation of local

government, district, city and regional councils were introduced. Those relevant to the

inquiry district include the Opotiki District Council, which currently has jurisdiction over

most of the inquiry district, and the Bay of Plenty Regional Council.104

102 Wai 78, Wai 780, Wai 1082, Wai 1092, Wai 1511, Wai 1758, Wai 1775, Wai 1778, Wai 1781, Wai 1789, Wai 1795, Wai 1797, Wai 1814, Wai 1828, Wai 1830, Wai 1884, Wai 1962, Wai 2002, Wai 2006, Wai 2008, Wai 2049, Wai 2055, Wai 2097, Wai 2186, Wai 2404, Wai 2462. 103 Wai 1092, Wai 1511, Wai 1758, Wai 1775, Wai 1778, Wai 1781, Wai 1795, Wai 1797, Wai 1814, Wai 1830, Wai 1884, Wai 2404. 104 See Map 5: Ōpōtiki District Council Boundary. https://teara.govt.nz/en/1966/opotiki (accessed 24 January 2020); Map of Opotiki District at https://www.odc.govt.nz/Pages/default.aspx (accessed 24 January 2020; https://www.odc.govt.nz/our-district/about-our-district/Pages/default.aspx, accessed 17 December 2019; https://www.whakatane.govt.nz/about-the-council/council-history, accessed 24 January 2020; Whakatane District Council, ‘Historical Information’ updated December 2010, p.3; Bay of Plenty Times, 16 June 1883, p. 2; Whakatane County Act 1899; Whakatane Harbour Act, 1912 Ewan Johnston, ‘Ohiwa Harbour’, A

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It is likely that the highway, road and town boards, county councils, borough council and

district councils were the authorities most involved with the rating of Māori land and will

therefore be the focus of further research. Preliminary research has revealed that the

Whakatane County Council, Opotiki Road Board, and Opotiki Town Board all rated Māori

land under the Crown and Native Lands Rating Act 1882. This was one of the first of many

Acts involving the rating of Māori land.105

Relevant sources:

Local government and rating-specific reports have been prepared for the following district

inquires: East Coast, Tauranga, Te Urewera, Te Raki, Te Rohe Potae, Taihape and Porirua ki

Manawatū.106 A report specific to the rating of Māori land was prepared for the Rangahaua

Whanui research programme by Tom Bennion.107 These reports provide a full overview of

the legislation and policy relating to Māori land up until recent times. The reports indicate

that while there were some similarities across districts, many local authorities approached

the rating of Māori land in different ways. Few of these reports discuss the rating of Māori

land by the key local authorities that had jurisdiction over the North-Eastern Bay of Plenty

inquiry district from the 1870s until 1989.

The exception is the report by Tom Bennion concerning the history of rating in Te Urewera.

This report discusses the rating policy of the Whakatane Highway Board (later the

report commissioned by the Waitangi Tribunal, March 2003, pp. 218, 249-250, 269. (Wai 894, A116). The mapping of county council boundaries within the inquiry district is required to confirm whether other county councils, such as Whakatane and Waikohu had jurisdiction in the inquiry district. Likewise, further research is required to determine whether any other local authorities such as catchment boards are relevant to claims in this inquiry district. 105 Payments to Local Bodies under the Crown and Native Lands Rating Act, 1882, AJHR 1886, session I, B15. 106 Tom Bennion, ‘The History of Rating in Te Urewera’, report commissioned for the Crown Forestry Rental Trust, 2003; (Wai 894 A130); Jane Luiten, ‘Local Government on the East Coast’, research report commissioned by HistoryWorks for the Crown Forestry Rental Trust, 2009 (Wai 900 A69); Jane Luiten, ‘Local Government in Te Rohe Potae’, research report commissioned by the Waitangi Tribunal, 2011 (Wai 898, A24); Marinus La Rooij, ‘”That Most Difficult and Thorny Question”: The Rating of Maori Land in Tauranga County’, research report commissioned by the Waitangi Tribunal, 2002 (Wai 215, P14); Bruce Stirling, ‘Eating Away at the Land, Eating Away at the People: Local Government, Rates, and Maori in Northland’, research report commissioned by the Crown Forestry Rental Trust, 2008 (Wai 1040, A15); Richard Towers, ‘”Its Rates and Taxes Biting … its Teeth Cannot Be Withdrawn!” Rating on the East Coast’, research report commissioned by the Crown Forestry Rental Trust, 2007 (Wai 900, A66); Suzanne Woodley, ‘Taihape: Rangitikei ki Rangipo Inquiry: Maori Land Rating and Landlocked Bocks Report’, 1870-2015, research report commissioned by the Crown Forestry Rental Trust, 2015 (Wai 2180, A137); Suzanne Woodley, ‘Porirua ki Manawatū Inquiry District: Local Government Issues Report, 2017 (Wai 2200, A193). 107 Tom Bennion, Maori and Rating Law, Rangahaua Whanui National Theme 1, Waitangi Tribunal Rangahaua Whanui series, first release July 1997.

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Whakatane Road Board) and Whakatane County Council (this county had jurisdiction over

much of the inquiry district from 1876 until the Opotiki County Council was established in

1900). The main focus of the report is, however, on land outside the inquiry district.

Bennion also examines the involvement of both the Whakatane and Opotiki County Councils

with the dog tax which impacted on Māori in the late nineteenth and early twentieth

century. The rating of Māori land by the Whakatane County Council is also examined in the

Tribunal’s Te Urewera report.108

Many of the rating and local government reports for other inquiries also provide coverage

around the introduction and role of road boards, county, borough and town councils and

other local authorities. They also discuss the provision of services, the voting system and the

involvement of Māori with these councils. Town-planning legislation and policy relevant to

Māori land is also discussed fully in these reports, although they do not cover these issues in

relation to this inquiry district.

Local authorities that had jurisdiction in the inquiry district, such as the Whakatane and

Opotiki County Councils, Opotiki Borough Council, Whakatane and Ohiwa Harbour Boards,

and the Whakatane and Opotiki District Councils, are discussed by Anita Miles and Ewan

Johnston in their reports concerning Ohiwa Harbour. As discussed further below, these

reports focus on environmental issues and any discussion of local authorities is mostly in

relation to these matters. Of relevance to the inquiry district are requests to the Opotiki

County Council in 1904 for roads and bridges that may have been beneficial to Māori, which

are discussed in Johnston’s report. This provides some coverage with respect to claims

about the provision of services.109

Also relevant to inquiry district claims is Ewan Johnston’s ‘Wai 203 and Wai 339 Research

Report’. This discusses the rating issues around the amalgamation of the Hiwarau blocks in

the 1960s and the involvement of the Opotiki County Council in the matter.110

108 Bennion, ‘The History of Rating in Te Urewera’, (Wai 894, A130), pp. 35-36; Waitangi Tribunal, Te Urewera, volume VII, Waitangi Tribunal report, (Legislation Direct, 2017), pp. 3686, 3691, 3727, 3730, 3747, 3686. 109 Anita Miles, ‘Ohiwa Harbour Scoping Report’, a report commissioned by the Waitangi Tribunal’, June 2001, pp. 25-29 (Wai 339, A1); Ewan Johnston, ‘Ohiwa Harbour’, A report commissioned by the Waitangi Tribunal, March 2003, pp. 211-214, 218, 225, 244-245. (Wai 894, A116). 110 Ewan Johnston, ‘Wai 203 and Wai 339 Research Report’, a report commissioned by the Waitangi Tribunal, June 2002, pp. 81-91 (Wai 894, A14).

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More specific coverage of rating in this district, particularly up until 1989, and other local

government issues pertinent to the inquiry district can be provided from archival sources

located at Archives New Zealand.111 Relevant records concern the exemption of Māori land

in the district from rates and the involvement of the Opotiki County Council in the Native

Land Rating Committee in 1933. Similarly, Maori Land Court records such as minute books,

block orders, correspondence, and alienation files can be utilised to provide information on

these issues. Minutes will likely provide details of any rates charging, receivership,

exemption, and vesting orders for purpose of lease or sale made by the Maori Land Court on

the application of relevant councils and block order files should contain these orders. Other

records such as the Reports of the Lands Department located in the Appendices to the

Journals of House of Representatives refer to the £435 due to the Opotiki County Council

with respect to the Ngaitai consolidation scheme, an issue raised in statements of claim. 112

Tom Bennion records that early minute books for the Whakatane County Council, which he

states ‘appears … [to have] operated out of Opotiki’, could not be located for his report but

he was able to utilise some records of the Council held at the Whakatane Museum.113 While

further investigation is required as to the whereabouts of records pertaining to other

relevant local authorities for this district, newspapers such as the Bay of Plenty Beacon and

the New Zealand Herald provide some details of earlier meetings of some Councils held

during the late nineteenth and early twentieth century. Notably, Ewan Johnston utilised the

records of the Whakatane District and Opotiki District Council for his report on Ohiwa

Harbour, so it is apparent that some local authority records are available.114

It appears that there is already sufficient information available to provide a reasonable

overview for rating and local government claims for this district. The specific application of

rating and other local government issues in this inquiry district is more patchy. An overview

111 See Appendix C: Provisional Bibliography 112 Report and recommendation of conference of departmental offices with regard to extinguishment of survey liens on Native Lands, November 1932, AJHR 1932, G7, p. 6. 113 Tom Bennion, ‘The History of Rating in Te Urewera’, (Wai 894, A130), p. 13. 114 See for example the New Zealand Herald, 8 December 1930, p 11 regarding Apirana Ngata, Minister of Native Affairs, arranging a settlement with respect to rates on Maori land for the Opotiki County Council. Ewan Johnston, ‘Ohiwa Harbour’, A report commissioned by the Waitangi Tribunal, March 2003, p. 13. (Wai 894, A116).

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with more particular application to this district could build on the information already

available.115

8. Environmental issues

Forty seven of the claims potentially relevant to this inquiry district concern environmental

issues ranging from the late nineteenth-century and through the twentieth-century. The

claims concern a range of issues including the alleged neglect and disregard of wāhi tapu,

the role of kaitiaki for natural resources, customary access and rights to natural resources,

and native species (both flora and fauna). There are also claims relating to environmental

management and management of reserves, harbours, and wharves. Water quality,

pollution, mineral extraction and environmental policy are key issues raised in claims. Given

the significance of the Ohiwa harbour and the coastal area to this inquiry district, many of

the claims related to environmental issues focus on food gathering, water quality, and

pollution. These issues are raised in 22 claims, which would suggest that it is a significant

issue for the district.116

Twenty-four statements of claim specifically mention hapū and iwi customary rights.117

While many of the claims are broad in discussing infringements on customary rights and

responsibilities, others provide specific details. Many of the claims assert that actions of the

Crown through policy and legislation such as the Resource Management Act 1991 and the

Foreshore and Seabed Act 2004 have impacted on customary rights and the ability for hapū

to fulfil duties of kaitiakitanga. For example, Rongopopoia ki Ūpokorehe, (Wai 1787) assert

that their status as sole kaitiaki of Upper Waiotahi Valley has been severely restricted by

Crown environmental management regimes. Eleven other statements of claim more broadly

state that claimants are unable to exercise their role as kaitiaki due to a lack of adequate

legislative provision.118

Several claims also concern wāhi tapu, which include but are not limited to urupā, sites of

historical significance, maunga, and awa. Twenty claims raise the issue of wāhi tapu and

115 See Section 4: Recommendations below for more detail 116 See for example, Wai 87; Wai 1092; Wai 558 Wai 1082, Wai 1775, Wai 1781, Wai 1814, Wai 1822, Wai 1884, Wai 2186. Wai 2049, Wai 2097, and Wai 2462 117 See for example Wai 232; Wai 309; Wai 1092; Wai 1121; Wai 1151; Wai 1553; Wai 1758; and Wai 177 118 Wai 1511, Wai 1758, Wai 1773, Wai 1775, Wai 1781, Wai 1794, Wai 1795, Wai 1797, Wai 1814, Wai 1830, and Wai 1884.

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allege Crown failure to protect or recognise wāhi tapu.119 Ngai Tama Haua, (Wai 1781),

provide some detail about their concerns regarding the erection of a toilet upon the

maunga Puketapu.120

Further significant environmental matters highlighted in the statements of claims are the

impact of the establishment of coastal and scenic reserves, harbour works, the construction

of wharves and landings, and the re-vesting of foreshore and seabed land.121 There is clear

overlap in these statements of claim between public works takings and environmental

impacts.

Other claims relate to the extraction of minerals, particularly gravel. Eight claims speak

broadly about gravel extraction from river beds, though no specifics are provided.122

Relevant Sources:

Several research reports commissioned for the Te Urewera Inquiry provide relevant

background information to the Ohiwa Harbour and associated waterways, in particular

Anita Miles’, ‘Ohiwa Harbour Scoping Report’, Ewan Johnston’s, ‘Ohiwa Harbour’ and

Suzanne Doig’s, ‘Te Urewera Waterways and Freshwater Fisheries’. Johnston’s work

examines the harbour in relation to customary interests, confiscation, and the allocation of

reserves, as well as the development of the harbour and township in the twentieth century.

Chapters Seven and Eight in particular, focus on pollution of the harbour and its

catchment.123 Johnston assesses the customary harvesting of shellfish and other kaimoana in

Ōhiwa Harbour. He also mentions the effect that clearing indigenous vegetation, altering

rivers, and draining wetlands have had on both aquatic and bird life, but the emphasis here

is not in this inquiry district.124

Several reports prepared for the Tauranga Moana inquiry (Wai 215) provide some useful

discussion on Crown and local policy development on harbours and waterways, in particular

119 Wai 1511, Wai 1758, Wai 1775, Wai 1778, Wai 1795, Wai 1797, Wai 1814, Wai 1830, Wai 1884, Wai 2006, Wai 2008, Wai 2049, Wai 2055, Wai 2066, Wai 2097, Wai 2107, Wai 2186, Wai 2462. 120 Wai 1781, #1.1.1, p. 14. 121 Wai 864, Wai 930, 1092, Wai 1121, Wai 1773, Wai 1780, Wai 1781, Wai 1827, Wai 2186. 122 Wai 2006, Wai 2008, Wai 2049, Wai 2055, Wai 2066, Wai 2097, Wai 2107, and Wai 2462. 123 Ewan Johnston, ‘Ohiwa Harbour’, Waitangi Tribunal, 2003, (Wai 894, A116). 124 Johnston, (Wai 894, A116) for other relevant sources see also Anita Miles, ‘Ohiwa Harbour Scoping Report’, Waitangi Tribunal, 2001, (Wai 339 ROI, doc A1) and Suzanne Doig, ‘Te Urewera Waterways and Freshwater Fisheries’, CFRT, October 2002, (Wai 894, A75).

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Giselle Byrnes’ ‘A Preliminary Report on the Use, Control & Management of the Tauranga

Harbour’ and Robert McLean’s ‘Tauranga Moana. Fisheries, Reclamations, and Foreshores

Report’.125 Byrnes covers the development of wharves in Tauranga Harbour, as well as the

powers that harbour boards held in acquiring land for various works. McLean is quite

detailed in his discussion of customary harvesting in Tauranga Harbour and how various

policies and practices (such as trawling) impacted customary harvesting in the harbour

throughout the twentieth Century, particularly under legislation, such as the Fisheries Act

1904 and Fisheries Act 1983, and the Auckland Fishery Management Plan. McLean also

discusses local governments’ acquisition of land for reserves in the 1960s in the Tauranga

area and the impact that harbour works, such as Sulphur Point Marina, had upon the

Tauranga Harbour environment. He asserts that the Tauranga Harbour Board often ignored

Harbours Act provisions and considered Māori interests irrelevant. It did so because the

board ‘assumed it had full ownership of all lands covered by the ebb and flow of the

tides.’126 McLean concludes, with regards to Tauranga Harbour, that the perceived rights of

the ‘public’ were always placed before the needs of Māori.127

Two other reports for other inquiries that may be useful for any further research are David

Alexander’s ‘Public Work and other takings: The Crown’s Acquisition of Māori Land on the

East Coast for Specified Public Purposes’ and Geoff Park’s, ‘Effective Exclusion? An

Exploratory Overview of Crown Actions and Māori Responses concerning Indigenous Flora

and Fauna, 1912-1983’.128 Alexander discusses the development of policy to enable reserves

for recreation as well as wharves and harbour works that used the Public Works Act to

acquire land for local industries. Alexander summarises the preference for the acquisition of

Māori land for these works as a matter of convenience due to fewer protections on Māori

land than non-Māori land.129

125 Giselle Byrnes, ‘A Preliminary Report on the Use, Control & Management of the Tauranga Harbour’, Waitangi Tribunal, August 1996 (Wai 215, A36); Robert McClean, ‘Tauranga Moana. Fisheries, Reclamations, and Foreshores Report’, Waitangi Tribunal, April 1999 (Wai 215, D7). 126 McLean, p. 167-168. 127 McLean, pp. 104, 125 128 David Alexander, ‘Public Works and Other Takings: The Crown’s acquisition of Maori-owned land on the East Coast for specified public purposes.’ CFRT, 2007. (Wai 900, A19); Geoff Park, ‘Effective Exclusion? An Exploratory Overview of Crown Actions and Māori Responses concerning Indigenous Flora and Fauna, 1912-1983’. Waitangi Tribunal, 2001 (Wai 262, K4) 129 Alexander, ‘Public Works and other takings’, p. 15.

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It appears that existing sources can provide sufficient coverage for a general overview on

policy and practice. What is needed is for material to be gathered together briefly, and for

additional research to focus on how government policies operated in practice in this district

and for these claimants. Some attention may need to be given to the overlap in a number of

claims between the environmental issues and public works takings.

9. Health and socio-economic issues

It has been said that the immediate and continuing impacts of loss of lands, resources and

power to manage their own communities are reflected in social and economic impacts for

Māori. Such impacts are recognised as ‘economic disempowerment, impoverishment, and

social and economic disadvantage’.130 Key themes emerging from the 32 statements of claim

concerning socio-economic issues include assertions that Crown actions have impacted

negatively on health and socio-economic circumstances, housing provision, te reo Māori,

tikanga, and other taonga.131

Some claims highlight the damage to the economy inflicted by raupatu. Ngāti Ira, for

example, allege that the confiscation of their assets (such as a flour mill and schooner) led to

grievous economic damage.132 Ngai Tamahaua and Te Ūpokorehe claimants (Wai 1827) also

assert the economic impact of raupatu in the destruction of their economic base (such as

arable land and fishing grounds) which led to social, cultural, and economic decline. This

statement of claim also alleges that public works legislation alienated Māori claimants from

their wealth base.133 In addition, several claims allege that the establishment of the

Whakatohea Māori Trust Board under the Maori Trust Boards Act 1955, established to

received compensation for raupatu, marginalised hapū authority.134

130T.J Hearn, ‘The social and economic experience of Porirua ki Manawatu Māori: an analysis and appraisal’, August 2019 (Wai 2200, A219), pp2-3 131 See for example Wai 1511; Wai 1758; Wai 1787; Wai 1829; Wai 2006; Wai 2008; Wai 2049, Wai 2055, Wai 2066, Wai 2097, Wai 2107, Wai 2160, Wai 2462 132 Wai 558 133 Wai 1827, #1.1.1, p. 3. 134 Ngāti Patumoana in Wai 1775, Ngai Tama Haua in Wai 1781, and Ngāti Ruatakena in Wai 1795

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It is also asserted that the introduction of the Tohunga Suppression Act 1907 had a negative

impact upon Maori wellbeing, removing access to indigenous health care practices.135 In

addition, more recent health grievances, such as the reduction of services at Ōpōtiki

Hospital, limited GP practices, and the regionalisation of hospital services in the Bay of

Plenty necessitating greater travel, are identified in several claims.136

Relevant sources:

Socio-economic impacts have been investigated in other district inquiries, such as Brian

Murton’s 2004 report, ‘The Crown and the people of Te Urewera, 1860-c.2000: the

economic and social experience of a people’, and Terry Hearn’s 2019 report on the socio-

economic experience in Porirua ki Manawatū.137

In addition, over time the Tribunal has established a view on the effects of socio-economic

impacts on Māori land through several major reports including He Whiritaunoka: The

Whanganui Land Report (Wai 903) in 2015; Tauranga Moana 1886-2000: Report on the

Post-Raupatu Claims (Wai 215) and Ko Aotearoa Tēnei, Volume 1 138

There is little existing research on these issues relating specifically to this district. Bryan

Gilling’s ‘Te Raupatu o te Whakatohea’ and Ranginui Walker’s Ōpōtiki-Mai-Tawhiti both

provide some insight into Whakatōhea’s socio-economic situation prior to and after

raupatu. In 1996, Brian Easton examined the economic and social impact of the raupatu on

Ngāti Irapuaia on behalf of Te Runanga of Ngāti Irapuaia.139 This report examines the

confiscation of the schooner ‘Hira’ (which was wrecked in Ōpōtiki on 7 July 1867) and the

135 see Wai 1511, Wai 1775, Wai 1795, Wai 1797, Wai 1814, Wai 1830, Wai 1884, Wai 1964, Wai 2257, Wai 2728 136 Wai 558; Wai 1775; Wai 2510 137 Brian Murton, ‘The Crown and the people of Te Urewera, 1860-c.2000: the economic and social experience of a people’, 2004 (Wai 894, H12); T.J. Hearn, The social and economic experience of Porirua ki Manawatu Māori: an analysis and appraisal’, August 2019 (Wai 2200, A219) 138 Waitangi Tribunal, He Whiritaunoka: The Whanganui Land Report (Wai 903), (Legislation Direct, 2015); Waitangi Tribunal, Tauranga Moana 1886-2000: Report on the Post-Raupatu Claims (Wai 215), (Legislation Direct, 2010); Waitangi Tribunal, Ko Aotearoa Tēnei: A Report into Claims Concerning New Zealand Law and Policy Affecting Māori culture and Identity (Wai 262), (Legislation Direct, 2011) 139 (also referred to as Ngāti Ira) Brian Easton. ‘The Economic and Social Impact on Ngati Irapuaia of the Raupatu, May 1996, (Wai 1750, A1)

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destruction of the flour mill on the Waioeka River in 1865-1866. Easton also discusses the

economic impact of the human losses and land alienation as a result of raupatu.

Existing sources do not appear to provide sufficient coverage of the specifics of socio-

economic impacts in this inquiry district. While the approach and framework used in other

districts may provide a useful guide, it appears that district specific research would be

required to examine the issues raised in the statements of claim.

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Section 4: Recommendations

As discussed, the recommendations and plans for a casebook programme have been

developed to take account of the uncertainty around the support that CFRT might be able to

provide. This and the objective of parties and the Tribunal to get an inquiry underway in a

timely manner, underpins the recommendation for a phased or staged approach be taken to

the proposed technical research programme. This has already begun to a degree with the

raupatu commission already underway.

It is further supported by the recent decision of Archives NZ (ANZ) to cut its reading room

hours in Auckland and Wellington from five days per week to three days per week. The

proposal offered by ANZ to mitigate the impact for the inquiry is to establish a digitisation

project of key identified documents that will provide a core resource for all parties. As this

will need to be provided prior to the main research programme, it further supports a staged

approach whereby some preparatory work can begin as soon as possible.

It has been noted that much of the existing research and literature tends to focus on

Whakatōhea, whereas we are now dealing with a district inquiry that goes beyond a single

iwi. The need to build up knowledge about the historical experience across the district as a

whole is a key consideration in the following recommendations.

The recommendations have been structured after taking into consideration the statements

of claims for this district, the possible pace of this inquiry, and the resourcing available to

the Waitangi Tribunal Unit at this time. It should be noted that any alteration in funding for

research could alter the coverage of topics and the timeframes.

It is recommended that three technical projects are commissioned in the first instance. In

addition, it is recommended that in parallel with the commissioned research reports, four

support projects should commence. These would not need to be commissioned. It is

anticipated that these projects will need to be completed to support the recommendations

for phase two of the technical research programme. These, along with the current raupatu

research report, will provide the foundation for what could be the initial focus of the district

inquiry.

Initial focus of technical research:

35

• Raupatu and its immediate aftermath (research currently underway, due to be filed 29 May 2020)

• Tribal landscape research report. Such a report will focus on tribal connections early tribal settlement patterns and resource use and early contact up to 1850.

• Nineteenth-century Native Land Legislation and its impacts (other than Public Works). This would include any raupatu land that was returned under the compensation court or through other arrangements.

• The impacts of raupatu and efforts to obtain redress from 1871 to present. This research would follow on from the current overview raupatu research commission, which ends with the allocation of reserves in 1871.

Plus, additional support projects including:

• Digitisation Project, identifying Wellington-based Archives New Zealand sources

• Block History Project, using Māori Land Court records

• Bay of Plenty primary source identification project at Bay of Plenty Regional Council

and Whakatane Museum

• Mapping exercise

For each of the recommended commissioned and support projects, a specific project brief

will need to be developed. Such a project brief will clearly set out the parameters of the

research and analysis and provide a topic-specific bibliography as a guide to the researcher.

The commissioned research reports could commence after 1 July 2020, when Waitangi

Tribunal Unit funding for the new financial year begins. This would allow time for the

support projects to begin and project briefs and commission documents to be drafted.

Phase one: Commissioned Research reports and support projects

1. Tribal Landscapes in the North-Eastern Bay of Plenty District

It is recommended that a research report examining the district’s peoples, their identities

and their histories be commissioned as part of Phase 1 of the technical research

programme. For a district inquiry the Waitangi Tribunal will need a clear sense of this

district’s peoples, their identities and their histories and it is recommended that such a

report be commissioned by the Tribunal. A Tribal landscapes report will also provide a sense

36

of the use and interests in the land and the environments of the district. Such an overview

should draw out various groups and patterns of settlement across the district.

Such a report will include:

. Location and discussion of pā sites and, sites of settlement and other significance in the district;

. Discussion on the use of land, the environment, and customary food sources; and

. How hapū and iwi within the district interacted over time.

.

It is anticipated that, in the preparation and course of this inquiry, the Waitangi Tribunal will

receive oral testimonies and other tangata whenua evidence. This commissioned research

work can complement that evidence with an assessment of available material from early

written sources. The observations of early missionaries such as Rev. Thomas Skinner may be

of use here, as would any other observations of the district, such as those of Arthur S

Thomson, Surgeon Major to 58th regiment in November 1859.140 Another potentially useful

source are the reports from officers in Native Districts, which are printed in Appendices to

the Journals of the House of Representatives (AJHRs). It will also be useful to use reports

already produced for the surrounding districts as a way of identifying potentially relevant

sources.

Because of time constraints detailed sources for this commission have not yet been

identified so will need to be scoped at the beginning of the project. It is likely that published

tribal histories, local histories, Tribunal reports and Native Land Court records can be

utilised.

It is anticipated that when a project brief and commission document have been completed,

this commissioned research report could be completed in a period of nine months. This

would allow for three months scoping and accessing oral testimonies and other tangata

whenua evidence and six months for additional research, writing and reviewing.

2. Impacts of raupatu and political engagement from 1871 to 2019

140 See for example, Arthur S Thomson, Surgeon Major to 58th regiment in November 1859. Cited in Ewan Johnston, ‘Wai 203 and Wai 339 Research Report’, Waitangi Tribunal, 2001 (Wai 203, A2), p.54

37

It is recommended that a research report examining the impacts of raupatu and political

engagement from 1871 to 2019 be commissioned as part of Phase 1 of the technical

research programme. As has been recognised in the early stages of this inquiry, raupatu and

its impacts are a significant grievance in this district. As a way of recognising this, and

creating some momentum for this inquiry, a report examining raupatu in the period 1865 to

1871 was commissioned on 1 October 2019.141 It is recommended that a report that follows

on from the pre-187 report and traces the ongoing political impacts of raupatu and the

attempts to have these addressed into the present, be commissioned by the Waitangi

Tribunal.

The project will pick up from the 1871 cut-off date of the current commission. It is

recommended that the commission focus on the consequences of the award of reserves,

the ongoing impacts of raupatu, and the political engagement of Māori in pursuit of

recognition of the prejudicial effects of raupatu in the district up to the establishment of the

Waitangi Tribunal district inquiry in 2019. A further focus of the report will be the arrest of

Mokomoko, and the specific claims of the Mokomoko whānau, which have been recognised

as having ‘distinctive features.’142

A project brief and commission document would also include (but not be limited to):

. Previous efforts to seek redress for confiscation, including petitions to central

government;

. Actions of central government over time, including the establishment of the Sim

Commission and the outcome of the recommendations made;

. The establishment of the Whakatohea Maori Trust Board in the 1940s and ongoing

efforts to have raupatu addressed;

. The process of direct negotiations between Whakatōhea and the Crown in the

1990s; and

. The lead up to the establishment of a Waitangi Tribunal district inquiry in 2019.

Because of time constraints detailed sources for this commission have not yet been

identified so will need to be scoped at the beginning of the project.

141 Wai 1750, #2.3.1. This report is due to be completed on 30 May 2020 142 Waitangi Tribunal, The Whakatōhea Mandate Inquiry Report (Wai 2662), (Legislation Direct, 2018), p.74.

38

It is anticipated that when the current commissioned report has been completed, and a

project brief and commission document have been finalised, this commissioned research

report could be completed in a period of six months. This would allow for two months

scoping and four months for additional research, writing and reviewing.

3. Nineteenth-century Native Land Legislation and its impacts (other than Public Works)

It is recommended that a research report examining nineteenth century land legislation and

its impacts (other than public works) be commissioned as part of Phase 1 of the technical

research programme. Such a research report would assess the impacts of nineteenth-

century legislation, that led to alienation of Māori land in the district and would include any

raupatu land that was returned under the compensation court or through other

arrangements. In 1908 the Stout-Ngata Commission assessed land availability in Opotiki

County and found that Whakatōhea had little land remaining and did not have surplus land

to sell.143 This research report would assess the nature, extent, and timing of land alienation

in the district up to the time of the Stout-Ngata Commission. This commission will depend

heavily on the scoping and findings of the supporting projects discussed further below,

particularly the block history project which will need to be completed prior to the

commencement of this project.

Because of time constraints detailed sources for this report have not yet been identified so

will need to be scoped at the beginning of the project. It is likely that published sources,

research reports from adjacent inquiry districts, Tribunal reports, Native Department, Native

Land Purchase Deaprtment and Native Land Court records can be utilised.

It is anticipated that when a project brief and commission document have been completed,

this commissioned research report could be completed in a period of nine months. This

would allow for three months scoping and assessing existing research and six months for

additional research, writing and reviewing.

143 AJHR 1908 G 1m, p.1

39

Support projects

In addition to the three recommended commissioned research reports set out above, it is

recommended that a number of support projects get underway immediately. These projects

are essential as they provide information necessary to make progress with the

commissioned research reports for the technical research programme.

1. Digitisation Project, identifying Wellington-based Archives New Zealand sources

This project will identify key primary sources, such as relevant government agency files and

maps, held at Archives New Zealand (ANZ), Wellington. In a proposal offered by ANZ to

mitigate the impact of the reduction in reading room hours, key material identified will be

digitised by ANZ.144 This will result in a core resource that could be easily accessible to all

parties in this inquiry. An initial list of relevant government agencies is listed in Appendix C:

Provisional Bibliography of Sources for the North-Eastern Bay of Plenty District. Once the

relevant sources have been identified and collated they will be available for the

commissioned research.

Preliminary work on this support project is underway, but details are yet to be confirmed

with ANZ. The details of this project will need to be scoped further. It is anticipated that this

project may be able to be completed by July 2020, in time to provide sources for the

recommended commission projects.

2. Block History Project, using Māori Land Court records

The objective of this supporting project is to provide block histories of the land blocks in the

district based around (but not exclusively) Maori Land Court block order files.145 Information

collected will include details about investigation of title (dates, and numbers of owners), sales,

leases and public works takings (dates, lessees, purchasers and purchase price) and

partitioning (dates, block appellations and numbers of owners). Such an analysis can show

alienation patterns such as, for example, when most sales or leases occurred and whether

Crown or private purchasing was most prevalent.

144 The initial announcement from ANZ: https://archives.govt.nz/publications/change-in-reading-room-services 145 See Map 4: Māori Land Court District Boundaries.

40

This analysis will require the collection of all relevant Maori Land Court block order files. It is,

however, likely that other sources such as certificates of title and Maori Land Court minute

books will also need to be consulted for this project.

The collection of relevant block order files and the block history analysis will serve to provide

other researchers with the Maori land information necessary to undertake their reports

particularly those concerning alienation, land use, public works and local government. It is

important that this is completed at this stage of the inquiry so that it can inform subsequent

research. A research methodology similar to that set out by Tony Walzl in ‘Block Research

Narratives: Ngatiawa Edition’ could provide a useful way to approach this project.146

The details of this project will need to be scoped further and a project brief document

prepared. It is anticipated that once those steps have been completed this research could

be completed in a period of 9-12 months.

3. Bay of Plenty primary source identification project: Bay of Plenty Regional Council and, Whakatāne Museum

The Whakatāne Museum and Research Centre houses a collection of archival material.

Much of this material consists of historical documents from the Whakatāne district and the

Bay of Plenty Region.147 A limited amount of this collection is searchable online. It is

recommended that a methodical scoping and liaising exercise be carried out, to clarify what

the museum holds that would be useful to this inquiry prior to any travel to the region to

record sources. Likewise, the Bay of Plenty Regional Council Office, Whakatane holds

information relevant to environmental issues. An examination of Regional Council and

Ministry of Primary Industries (Fisheries) records may be useful for details on aquatic

species and water issues. It is recommended that a methodical scoping and liaising exercise

be carried out, prior to any travel to the area to copy relevant material. Once relevant

sources have been identified, they can be collated in a manner that makes them accessible

for phase two of the technical research.

The details of this project will need to be scoped further and a project brief document

prepared. It is anticipated that once those steps have been completed this research could

146 See Tony Walzl, ‘Block Research Narratives: Ngatiawa Edition’, (Wai 2200, A203), June 2018, pp.6-13. 147 It is not immediately obvious where documents for the Opotiki County are held

41

be completed by July 2020, in time to provide sources for the recommended commission

projects.

4. Mapping exercise

It will be necessary to identify and confirm the parent land blocks within the district, and

show the location of these, in relation to each other and the inquiry district.

This project will also demonstrate the quality of land in the district and a series of maps will

be developed to identify trends and patterns of land use and alienation over time. This can

be done by using some key dates to provide a ‘snapshot’ through time. Such a series could

comprise for example, early block maps held by the Māori Land Court, the 1940s Centennial

maps held by Archives New Zealand, and the maps recorded in the 1997 New Zealand

Historical Atlas.148

The details of this project will need to be scoped further and a project brief document

prepared. It is anticipated that once those steps have been completed this research could

be completed in four to six months. This project can run alongside the phase one

commissioned research reports if necessary.

Phase Two: Research Requirements

The precise scope of phase two will depend on information collated by the recommended

supporting projects discussed above, but in general the focus will be on:

1. Public Works in the North-Eastern Bay of Plenty District

It is anticipated that a research report will be commissioned on public works takings in the

North-Eastern Bay of Plenty District. Preliminary research indicates that most of public

works activity in the district took place in the twentieth century and it can therefore sit in

phase two of the research programme.

As noted above, there appears to be sufficient research material available to provide the

necessary overview of public works taking policy practices and legislation. The Tribunal has

also set out its well-established view over a number of reports. It would be useful for this

report to include an overview that draws together what is already known about the policy

148 Malcolm McKinnon (ed), New Zealand Historical Atlas: Ko Papatuanuku e takoto nei, (David Bateman, 1997)

42

and legislative regime of public works takings and then provide further details of major

claim issues around specific takings in this district.

Because of time constraints detailed sources for this report have not yet been identified so

will need to be scoped at the beginning of the project. It is anticipated that when a project

brief and commission document have been completed, this commissioned research report

could be completed in a period of nine months. This would allow for three months scoping

and assessing existing research and six months for additional research, writing and

reviewing.

2. Twentieth-century Native land legislation and its impacts (excluding Public Works)

It is anticipated that a report will be commissioned to assess impact of twentieth-century

legislation and government policy that led to land alienation. This commission will depend

heavily on the scoping and findings of the supporting projects set out above, particularly the

block history project.

In the early twentieth century, Stout-Ngata Commission noted that Whakatōhea had little

land remaining and did not have surplus land to sell.149 Due to time constraints the extent

and nature of alienation after this period is not yet clear. Key aspects that have been

identified by the claims include:

. The Native Land Court and resulting partitioning;

. Crown and private land purchases and leasing in the area;

. Analysis of the role of Māori land development boards, land development schemes;

and consolidation schemes in the district; and150

Because of time constraints detailed sources for this report have not yet been identified so

will need to be scoped at the beginning of the project. It is proposed that, after the

supporting projects (proposed above) have been completed, a further assessment can be

149 AJHR 1908 G 1m, p.1 150 See for example Donald Loveridge, Maori Land Councils and Maori Land Boards: A Historical Overview, 1900–52, Waitangi Tribunal Rangahaua Whanui Series. (Waitangi Tribunal, 1996); Leah Campbell, ‘Land alienation, consolidation and development in the Urewera 1912-1950’, CFRT, July 1997(Wai 894, A55); Ashley Gould, ‘Māori Land Development Schemes: Generic Overview, circa 1920-1993’, CFRT, September 2001, (Wai 1200, A67); John Hutton, “A Ready and Quick Method’: the alienation of Māori land by sales to the Crown and private individuals, 1905-1930’, CFRT, 1996 (Wai 1200, A59)

43

completed to identify sources and estimate how much time would be required to complete

this research.

Further research requirements:

It is also likely that reports will also need to be commissioned on the following themes,

which have been identified through analysis of the claims, and are discussed in more detail

in Section 3 above.

1. An overview of local Government issues in the North-Eastern Bay of Plenty District;

2. Environmental impacts in the North-Eastern Bay of Plenty District; and

3. Health and socio-economic issues in the North-Eastern Bay of Plenty District.

It is recommended that the timing and detail of these reports be assessed as the support

projects and the research reports commissioned in Phase One are completed.

44

Bibliography

Primary Sources

Official Publications

AJHR

The New Zealand Official Year-Book, 1907

Newspapers

Bay of Plenty Times

Bay of Plenty Beacon

New Zealand Herald

Secondary sources

Books/Articles

Adams, Peter, Fatal Necessity: British Intervention in New Zealand, 1830–1847, Auckland University Press, 1977

Hill, Richard. State Authority, Indigenous Autonomy: Crown-Māori relations in New Zealand/Aotearoa 1900-1950 (Victoria University Press, 2004)

Law, G, ‘Archaeology of the Bay of Plenty’, Department of Conservation (Wellington, 2008)

Lyall, A.C. Whakatohea of Opotiki (Reed, 1997)

Malcolm McKinnon (ed). New Zealand Historical Atlas: Ko Papatuanuku e takoto nei, (David Bateman, 1997)

Pool, Ian. Te Iwi Māori: A New Zealand Population Past, Present and Projected, Auckland: Auckland University Press, 1991

Salmon, Peter. The Compulsory Acquisition of Land in New Zealand (An exposition of the provisions governing the compulsory acquisition of land and the assessment of compensation therefor under the Public Works Act 1981). Wellington: Butterworths, 1982.

Ward, Alan. A Show of Justice: Racial ‘amalgamation’ in nineteenth century New Zealand, (Auckland University Press, 1995)

Walker, Ranginui, Ōpōtiki-Mai-Tawhiti: capital of Whakatōhea, (Penguin Books, 20017)

Williams, John A. Politics of the New Zealand Maori: Protest and Cooperation 1891-1909 (University of Washington Press, 1969),

Research Reports

Alexander, David. ‘Public Works and Other Takings: The Crown’s acquisition of Maori-owned land on the East Coast for specified public purposes.’ CFRT, 2007. (Wai 900, A19)

45

Alexander, Spreadsheet of East Coast takings (Wai900, A19(a))

Bennion, Tom. ‘The History of Rating in Te Urewera’, report commissioned for the Crown Forestry Rental Trust, 2003; (Wai 894 A130)

Boast, Richard. ‘The Crown and Te Urewera in the Twentieth Century: A study of government policy’, 2002, (Wai 894, A109)

Boston, Peter and Steven Oliver, ‘Tahora’, Waitangi Tribunal, 2002, (Wai 894, A22; Wai 814, I3)

Byrnes, Giselle. ‘A Preliminary Report on the Use, Control & Management of the Tauranga Harbour’, Waitangi Tribunal, August 1996 (Wai 215, A36)

Campbell, Leah. ‘National Overview on Land Consolidation Schemes 1909-1931’, A report commissioned by Crown Forestry Rental Trust, June 1998, (Wai 1200, A62)

Doig, Suzanne. ‘Te Urewera Waterways and Freshwater Fisheries’, CFRT, October 2002, (Wai 894, A75)

Easton, Brian. ‘The Economic and Social Impact on Ngāti Irapuaia of the raupatu’, 25 May 1996 (Wai 1750, A1)

Gilling, Bryan. ‘Te Raupatu o Te Whakatohea: The Confiscation of Whakatohea Land 1865-1866’, Treaty of Waitangi Policy Unit, 1994 (Wai 87, A3)

Gould, Ashley, ‘Māori Land Development Schemes: Generic Overview, circa 1920-1993’, An Overview Report Commissioned by Crown Forestry Rental Trust, September 2001, (Wai 1200, A67)

Hearn, T.J., The social and economic experience of Porirua ki Manawatu Māori: an analysis and appraisal’, 2019 (Wai 2200, A219)

Johnston, Ewan. ‘Wai 203 and Wai 339 Research Report’, Waitangi Tribunal, June 2002 (Wai 894, A14)

La Rooij, Marinus. “’That Most Difficult and Thorny Question”: The Rating of Maori Land in Tauranga County’, research report commissioned by the Waitangi Tribunal, 2002 (Wai 215, P14)

Loveridge, D. ‘Māori Land Councils and Māori Land Boards’, Rangahaua Whanui National Theme K. Wellington: Waitangi Tribunal, 1997

Luiten, Jane. ‘Local Government on the East Coast’, research report commissioned by HistoryWorks for the Crown Forestry Rental Trust, 2009 (Wai 900 A69)

Luiten, Jane. ‘Local Government in Te Rohe Potae’, research report commissioned by the Waitangi Tribunal, 2011 (Wai 898, A24)

McClean, Robert. ‘Tauranga Moana. Fisheries, Reclamations, and Foreshores Report’, Waitangi Tribunal, April 1999 (Wai 215, D7)

Marr, Cathy. ‘Public Works Takings of Maori Land, 1840-1981’. Rangahaua Whanui National Theme G. Wellington: Waitangi Tribunal, 1997

Miles, Anita. ‘Maraehako, Te Kaha’. Commissioned research report. Wellington: Waitangi Tribunal, 1993. (Wai 224, A1)

46

Miles, Anita. ‘Maungaroa 1 section 19’. Commissioned research report. Wellington: Waitangi Tribunal, 1993. (Wai 281, A1)

Murton, Brian. ‘The Crown and the Peoples of Te Urewera: the economic and social experience of Te Urewera Māori, 1860-2000’, 2004 (Wai 894, H12).

Park, Geoff. ‘Effective Exclusion? An Exploratory Overview of Crown Actions and Māori Responses concerning Indigenous Flora and Fauna, 1912-1983’, Report Commissioned by the Waitangi Tribunal, 2001 (Wai 262, K4)

Patrick, P.W. ‘Waitangi Tribunal Claim 213: Whangaparaoa 1B part – Appln 35954’ (Wai 213, A1)

Sissons, Jeffrey, ‘Waimana Kaaku: A history of the Waimana Block’, Crown Forestry Rental Trust, 2002, (Wai 894, A24)

Stirling, Bruce. ‘Eating Away at the Land, Eating Away at the People: Local Government, Rates, and Maori in Northland’, research report commissioned by the Crown Forestry Rental Trust, 2008 (Wai 1040, A15)

Submission of Counsel for Ūpokorehe (Wai 46, F3)

Towers, Richard. ‘”Its Rates and Taxes Biting … its Teeth Cannot Be Withdrawn!” Rating on the East Coast’, research report commissioned by the Crown Forestry Rental Trust, 2007 (Wai 900, A66)

Walzl, Tony. ‘Block Research Narratives: Ngatiawa Edition’, (Wai 2200, A203), June 2018, pp.6-13

Woodley, Suzanne. ‘Taihape: Rangitikei ki Rangipo Inquiry: Maori Land Rating and Landlocked Bocks Report’, 1870-2015, research report commissioned by the Crown Forestry Rental Trust, 2015 (Wai 2180, A137)

Woodley, Suzanne. ‘Porirua ki Manawatū Inquiry District: Local Government Issues Report, 2017 (Wai 2200, A193)

Waitangi Tribunal Reports

Waitangi Tribunal, He Maunga Rongo: Report on North Island Claims, Stage One (Wai 1200), (Legislation Direct, 2008)

Waitangi Tribunal, He Whiritaunoka: The Whanganui Land Report (Wai 903), (Legislation Direct, 2015)

Waitangi Tribunal, Ko Aotearoa Tēnei: A Report into Claims Concerning New Zealand Law and Policy Affecting Māori culture and Identity (Wai 262), (Legislation Direct, 2011)

Waitangi Tribunal, Tauranga Moana 1886-2000: Report on the Post-Raupatu Claims (Wai 215), Volumes 1 and 2, (Legislation Direct, 2010)

Waitangi Tribunal, Te Urewera, volume VII, Waitangi Tribunal Report (Wai 894), (Legislation Direct, 2017)

Waitangi Tribunal, The Wairarapa ki Tararua Report (Wai 863), (Legislation Direct, 2010)

47

Waitangi Tribunal, The Whakatōhea Mandate Inquiry Report, (Wellington: Legislation Direct, 2018)

Waitangi Tribunal, Turanga Tangata Turanga Whenua: The Report of the Turanganui a Kiwa Claims (Wai 814) (Legislation Direct, 2004)

Waitangi Tribunal, Turangi Township Remedies Report (Wai 84) (Brooker’s, 1995)

Waitangi Tribunal Rangahaua Whanui Series

Bennion, Tom. Maori and Rating Law, Rangahaua Whanui National Theme 1, Waitangi Tribunal Rangahaua Whanui series, first release July 1997

Miles, Anita. ‘Rangahaua Whanui District 4: Te Urewera’. (Waitangi Tribunal Rangahaua Whanui Series, 1999)

Ward, Alan. Waitangi Tribunal Rangahaua Whanui Series: National Overview Volume I, (Waitangi Tribunal, 1997)

Webpages

https://teara.govt.nz/en/1966/opotiki

https://www.odc.govt.nz/Pages/default.aspx

https://www.odc.govt.nz/our-district/about-our-district/Pages/default.aspx

https://www.whakatane.govt.nz/about-the-council/council-history

48

Maps

North-Eastern Bay of Plenty inquiry district

Map 1: North-Eastern Bay of Plenty Inquiry (Wai 1750) Boundary

Map 2: North-Eastern Bay of Plenty Inquiry (Wai 1750) Boundary and adjacent Waitangi Tribunal Districts

Map 3: North- North-Eastern Bay of Plenty Inquiry (Wai 1750) 3D geographical view

Map 4: Māori Land Court District Boundaries

Map 5: Ōpōtiki District Council Boundary

Map 6: North-Eastern Bay of Plenty Inquiry (Wai 1750) Boundary and adjacent Waitangi Tribunal Districts (without confiscation boundary)

,-.1oana 8

~ P/entY

49

Map 1: North-Eastern Bay of Plenty Inquiry (Wai 1750) Boundary

\' ON WI\J,F~,rlmiS 0

0

Moana a Kiwa Bay of Plenty

_ _, Prq:xlsed to.Jrmyfcr f\b'th.Eastem Bay d Aertylrq.iry Ostrict, JUle 2019 {Wli 17&>, #2.5.1(a)

50

Map 2: North-Eastern Bay of Plenty Inquiry (Wai 1750) Boundary and adjacent Waitangi Tribunal Districts [Boundary amended 16 March 2020]

L~ 1·- • WTIJ, Fet,rua,y2020. nllBms

NEBOP boll1da,y amended 16Ma,ch2020

[=:J Whakat6hea boundary as set out in 1920 (included in Wai 87, #A 1) [=i Proposed boundary for North-Eastern Bay of Plenty Inquiry District, June 2019 (Wai 1750, #2.5.1 (a)

[Cl Mangatu blocks BOP Confiscation line Waitangi Tribunal inquiry boundaries ( • • • •·· •· overlaps)

51

Map 3: North- North-Eastern Bay of Plenty Inquiry (Wai 1750) 3D geographical view

3D view from MemoryMap Wl\l,F'elill.aym,nrll

52

Map 4: Māori Land Court District Boundaries

Detail of boundary overlaps near Motu (map from MLOL)

0

53

Map 5: Ōpōtiki District Council Boundary

wru. February2020, nhams

Bay of Plenty

-

Inquiry district dimensions (calculated in Quickmap)

Land area = 133,840 ha = 303,590 acres

District perimeter = 168 km

Confiscated area= 61 ,828 ha= 152,715 acres = 46% (est) of district

Coastline = 30 km

Highest maunga Moutohora 1040 m

Motu River 147km long, shares 50km on SE boundary.

20km

10miles

Proposed North Eastern Bay of Plenty inquiry district

NB: Map image copied from Opotiki District Council website

Main rivers: Waiotahi, Waioeka, Otara, Waiau and Motu.

Roads: State highways 2 and 35.

Towns: Opotiki, population 8,436 (2019)

Opotiki has a Maori population of 60%, making it one of

the few towns in New Zealand to be predominantly populated by Maori (along with Wairoa and Kawerau).

- Google

54

Map 6: North-Eastern Bay of Plenty Inquiry (Wai 1750) Boundary and adjacent Waitangi Tribunal Districts (without confiscation boundary)

• 30km

20miles

WTU, February2020, nhanis

... --

,,.... ..,

~ Proposed boundary for North-Eastern Bay of Plenty Inquiry District, June 2019 (Wai 1750, #2.5.1 (a)

Waitangi Tribunal inquiry boundaries (······" overlaps)

55

Appendix A: Preliminary list of claims identified in the North-Eastern Bay of Plenty Inquiry District (Wai

1750)

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

Listed in Whakatohea AIP 87 the Whakatohea

Raupatu claim Adriana Edwards Muriwai

(Whakatohea) yes

Listed to be fully settled

Involved in Mangatu (Wai 814) with watching brief

203 the Mokomoko claim Karen Mokomoko, Pita Biddle

Mokomoko whanau (Whakatohea)

yes

Listed to be fully settled

339 the Hiwarau Block claim

Tuiringa Mokomoko (deceased)

Upokorehe (Whakatohea)

yes

Listed to be fully settled

558 the Ngati Ira o Waioeka Rohe claim

Te Rua Rakuraku, John Terehita Pio, Te Ringahuia Hata and Paeone Goonan

Ngati Ira o Waioeka (Whakatohea)

yes

Listed to be fully settled

864 the Moutohora Quarry claim

John Brown, John Hata, Antoinette Hata

Whakatohea yes

Listed to be fully settled

56

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

1092 the Upokorehe claim Sandra Aramoana, Wayne Aramoana, Wallace Aramoana, Lance Reha, Gaylene Kohunui, Kahukore Baker

Upokorehe (Whakatohea)

yes

Listed to be fully settled

1433 the Nepia Whanau Trust claim

Tahu Nepia Nepia whanau (Whakatohea)

Listed to be fully settled

1758 the Upokorehe Hapu Ngati Raumoa Roimata Marae Trust claim

Wallace Aramoana, Lance Reha, Gaylene Kohunui, Wayne Aramoana, Sandra Aramoana

Upokorehe (Whakatohea)

yes

Listed to be fully settled

1775 the Ngati Patumoana (Hata) claim

John Hata, Antoninette Hata, Te Ringahuia Hata

Ngati Patumoana (Whakatohea)

yes

Listed to be fully settled

1781 the Ngai Tama Haua (Biddle) claim

Tracy Hillier, Rita Wordsworth

Ngai Tamahaua (Whakatohea)

yes

Listed to be fully settled

1782 the Ngati Ruatakena claim

Te Riaki Amoamo, Mereaira Hata

Ngati Ruatakena (Whakatohea)

yes

Listed to be fully settled

1787 the Rongopopoia Hapu claim

Mekita Te Whenua, Richard Wikotu, Kahukore Baker

Rongopopoia ki Upokorehe (Whakatohea)

yes

Listed to be fully settled

1794 the Turangapikitoi Hapu claim

Muriwai Wehi, William Smith, Aidan Webb

Turangapikitoi (Whakatohea)

yes

Listed to be fully settled

57

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

1795 the Ngati Ruatakena (Williams) claim

Tawhirimatea Te Auripo Rewita Williams

Ngati Ruatakena (Whakatohea)

yes

Listed to be fully settled

1827 the Descendants of Rangihaerepo claim

Rachel Maunganui Wolfgramm, Tania Haerekitera Wolfgramm

Upokorehe + Ngai Tamahaua (Whakatohea)

yes

Listed to be fully settled

1884 the Ngati Ngahere (Carrington) claim

Tarati Dorothy Carrington, Arihia Tuoro, Kahu Abbot, Tahu Taia, Mana Pirihi

Ngati Ngahere (Whakatohea)

yes

Listed to be fully settled

2006 the Upokorehe and Whakatoia Hapu claim

Priscilla Pihitahi Sandys

Upokorehe + Whakatoia (Whakatohea)

yes

Listed to be fully settled

2008 the Pakowhai Hapu and Whakatohea Maori Trust claim

Peter Wairata Warren Pakowhai (Whakatohea)

Listed to be fully settled

2055 the Ngai Tama Lands (Naden) claim

Dr Guy Naden, Tamarangi Taihuka (Tom) Terekia, Nick Manu Pouwhare Tupara, Nannette Kernohan, Joanne Waiorewa Pere, Janine Harete Pere-Ruru

Ngai Tama (Whakatohea)

yes

Listed to be fully settled

2066 the Ngati Ruatakena Lands and Resources (Papuni) claim

Takaparae Papuni Ngati Ruatakena (Whakatohea)

yes

Listed to be fully settled

58

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

2107 the Ngati Ngahere and Ngati Ira Lands (Martin) claim

Lee Ann Martin Ngati Ngahere + Ngati Ira (Whakatohea)

Listed to be fully settled

2160 the Whakatohea and Ngati Muriwai of Omaramutu Lands and Resources (McMurtie) claim

Theresa McMurtie, John Edwards, Ruth Gage, Glenis Fleet, Georgina Fleet, Adrianna Edwards, Alexander Edwards, Frank Porter, Adrianna Gerrard, Paku Edwards, Eva Edwards, Tony Rolleston, Glenis Reeve, Stephen Fleet, Christina Rolleston, Bronwyn Fleet, Geoffrey Fleet, Raymond Fleet, Dawn Tuhakaraina, Margaret Tuhakaraina, Christina Davis

Ngati Muriwai (Whakatohea)

yes

Listed to be fully settled

287 the School History Syllabus claim

Arlana Lara Delamere Te Whanau-A-Apanui; Whakatohea; Tuhourangi

Listed to be partially settled

Listed to be partially settled

59

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

1511 the Ngai Tamatea Hapu ki Waiotahe Lands claim

Kate Keita Hudson Ngai Tamatea (Te Wairoa); ki Waiotahe (Whakatohea)

yes Partially settled by Te Rohe o Te Wairoa Claims Settlement Act 2018

Listed to be partially settled

2510 the Land Confiscation (Te Kahika) claim

Wiremu Te Kahika, Joseph Te Kahika

Whakatohea yes

Listed to be partially settled

Listed in Te Whanau-A-Apanui AIP 70 the Puketauhinu No.

1, Raukumara State Forest claim

Hoera Koopu Te Whanau-A-Apanui

Listed to be fully settled

213 the Whangaparaoa Land claim

P Te Kani Te Whanau-A-Apanui

Listed to be fully settled

224 the Maraehako Block claim

Charlie Hemi Hei Te Whanau-A-Apanui

Listed to be fully settled

232 the Whanau-A-Kauaetangohia Fisheries claim

Winston Waikuku Waititi

Te Whanau-A-Apanui

Listed to be fully settled

281 the Kaiaio Papakainga/Te Kaha claim

Waikura Herewini, Barlow Wharepapa, Sonny Kingi, Tom Tibble, Nophilia Wharepapa, Matetu Herewini

Te Whanau-A-Apanui

Listed to be fully settled

60

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

309 the Fisheries of Te Whanau Apanui claim

William Ngamoki Te Whanau-A-Apanui

Listed to be fully settled

422 the Waikura Block claim

Arthur Waititi, Renata Te Moana, Edward Matchitt, Hone Heke Waititi, Te Kuaha Kingi, Harold Satchell, John Waenga, Paki Waenga, Jeffery Shepherd, Parekura Te Kani, Rangihekeiho Ruwhiu, Winston Waititi

Te Whanau-A-Apanui

Listed to be fully settled

434 the Te Kaha B3 Block claim

Isabelle Ngamoki Te Whanau-A-Apanui

Listed to be fully settled

780 the Te Kaha Blocks and other Eastern Bay of Plenty Lands claim

Lawrence Tukaki-Millanta

Te Whanau-A-Apanui

Listed to be fully settled

813 the Motuaruhe 2 Block

John Rees Te Whanau-A-Apanui

Listed to be fully settled

930 the Te Moana Waihau Bay claim

Len Te Moana Unsure - land on eastern tip of BOP

Listed to be fully settled

1121 the Whanarua Bay Land Blocks Alienation claim

Rosana WiRepa Te Whanau-A-Apanui

yes

Listed to be fully settled

61

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

1552 the Descendants of Pohueroro Lands claim

Rawiri Swinton, Betsy Bishop, Mataheke Kahaki

Te Whanau-A-Apanui

Listed to be fully settled

1553 the Descendants of Romio Wi Repa and Mary Gundry Wi Repa claim

Silvana Wi Repa, Suzanne Jackson

Unsure - land is on eastern tip of BOP

yes

Listed to be fully settled

1773 the Te Whanau-A-Apanui Social, Cultural and Economic Loss claim

Max Davis Te-Whanau-A-Apanui

Listed to be fully settled

1778 the Te Whanau-A-Apanui (Edward Matchitt) claim

Edward Matchitt Te Whanau-A-Apanui

yes

Listed to be fully settled

1779 the Te Whanau-A-Apanui Public Works (Matchitt) claim

Keita Matchitt Te Whanau-A-Apanui

yes

Listed to be fully settled

1783 the Returned Maori Soldiers (Poananga) claim

Kim Poananga Te Whanau-A-Apanui

yes

Listed to be fully settled

1784 the Te Whanau-A-Apanui (Pohatu) claim

Aroha Pohatu Te Whanau-A-Apanui

Listed to be fully settled

1789 the Descendants of Hineato Savage claim

Bella Savage, Waipae Perese

Te Whanau-A-Apanui

yes

Listed to be fully settled

1808 the Waikawa 2B and 3 Land Blocks claim

Stephen Graham Frires

Te Whanau-A-Apanui

yes

Listed to be fully settled

62

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

1814 the Te Aitanga-A-Apanui claim

Joe Rua Te Whanau-A-Apanui

Listed to be fully settled

1822 the Te Whanau a Kahurautao claim

Hariata Kingsnorth, Tony Trinnick

Te Whanau-A-Apanui

Listed to be fully settled

1828 the Te Whanau-A-Apanui Rating claim

Kahu Stirling Te Whanau-A-Apanui

yes

Listed to be fully settled

1829 the Te Whanau-A-Apanui Mana Tane claim

Kahu Stirling Te Whanau-A-Apanui

yes

Listed to be fully settled

1830 the Te Whanau-A-Maruhaeremuri claim

Joe Rua Te Whanau-A-Apanui

Listed to be fully settled

1892 the Children of Honahautonga and Okeroa Taitua Claim

Ngarongoa White Te Whanau-A-Apanui

Listed to be fully settled

1964 the Te Whanau-A-Apanui (Tohiariki) claim

Dyce Tohiariki Te Whanau-A-Apanui

Listed to be fully settled

2002 the Whangaparaoa 2k2 Trust claim

Walter Tapuariki (Tani) Wharewera

unsure - regards Whangaparaoa area

yes

Listed to be fully settled

2043 the Te Whanau-A-Apanui Crown Treaty Settlement Process claim

Bill Stirling (deceased) Te Whanau-A-Apanui

yes

Listed to be fully settled

63

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

2186 the Tohiariki Whanau Lands and Other Issues claim

Blackie Tohiariki Te Whanau-A-Apanui

yes

Listed to be fully settled

2212 the Te Whanau-A-Apanui and Te Whanau a Hikarukutai Resources (Takitimu) claim

Dayle Takitimu Te Whanau-A-Apanui

yes

Listed to be fully settled

2257 the Te Whanau-A-Apanui Mana Wahine (Stirling) claim

Ruiha Edna Stirling, Haro McIlroy, Parehuia Herewini

Te Whanau-A-Apanui

yes

Listed to be fully settled

2404 the Waikaire Whanau Trust (Insley) claim

Marcia Insley Te Whanau-A-Apanui + Whakatohea

Listed to be fully settled

1780 the Te Whanau-A-Apanui (Ngamoki) claim

Michelle Ngamoki Te Whanau-A-Apanui

yes

Listed to be partially settled

1788 the State Highway 35 Land claim

Joe Rua Unsure

Listed to be partially settled

1797 the Te Whanau-A-Ehutu claim

Edward Matchitt, Isobelle Ngamoki

Te Whanau-A-Apanui

Listed to be partially settled

1962 the Te Kaha Hapu (Thompson and Wi Repa) claim

Mona Thompson, Ronald Wi Repa

Te Kaha (Te Whanau-A-Apanui)

yes

Listed to be partially settled

64

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

2229 the Descendants of Eru Monita and Others (Takitimu) Lands claim

Dayle Takitimu Te Whanau-A-Apanui

yes Partially settled by Ngati Porou Claims Settlement Act 2012

Listed to be partially settled

2290 the Te Whanau-A-Nuku (Kerei) claim

Hoani Kerei Te Whanau-A-Apanui

Listed to be partially settled

Remaining Claims 78 the Torere claim Joseph Maxwell,

Muriwai Jones, Te Aururangi Davis

Ngaitai yes

996 the Ngati Rangitihi Inland and Costal Land Blocks claim

David Potter, Cletus Maanu Paul

Ngati Rangitihi yes Partially settled by Te Arawa Lakes Settlement Act 2006

1082 the Te Tatarahake and Associated Blocks claim

Nikora Curtis Tautau, Nanette Kernohan, Virginia Pere

Unsure - land is in Gisborne

yes Historical aspects fully settled by Ngati Porou Claims Settlement Act 2012

65

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

1421 the Traditional Harvesting of Beached Whales claim

Ramari Stewart unsure - concerns marine harvesting between Hicks Bay and Gisborne

yes Partially settled by Ngati Porou Claims Settlement Act 2012

1429 the Ngati Mihiroa (Marine Mammals Protection Act) claim

Marcus Stone Te Whanau-A-Apanui

yes Historical aspects fully settled by Heretaunga Tamatea Claims Settlement Act 2018

1475 the Land Block Maketu A Section 72 claim

Maria Brenda Horne Ngati Whaakaue ki Maketu

yes

Appears to fall outside the district

1791 the Ngati Whakaue ki Maketu Lands claim

Huia Tapsell, Jackie Butcher, Clem Tapsell, Larissa Wharepouri, Gilly Parker

Ngati Whaakaue ki Maketu

yes

Appears to fall outside the district

1865 the Hiwarau No. 1 B1 and Hiwarau B No. 1 B2 land Blocks claim

Miranda Horan, Roslyn Heffernan

Whakatohea

2040 the Te Wheoki Land claim

William Te Wheoki Ngati Porou and Nga Puhi connections

2049 the Hatu Lands and Resources claim

William Hatu unsure - involvement in

yes

66

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

Whakatohea urgency

2097 the Whakatane Lands (Hillman) claim

John Kahui Hillman unsure - land located by Waiotahi and surrounding the Ohiwa Harbour, potentially Te Whakatane connections

yes

2147 the Ngati Whaakaue ki Maketu Lands (Waterreus and Others) claim

Richard Whenuariri Tapsell, Te Wano Walters, Maria Brenda Horne

Ngati Whaakaue ki Maketu

yes

Appears to be outside the district

2216 the Descendants of Te Whanau a Maruhaeremuri Fisheries Regulations claim

Rawiri Swinton, Betsy Bishop, Mateheke Waititi

Te Whanau-A-Apanui

2307 the Torere 21 Block (Lines) claim

Waiwhakaata Lines Ngaitai

2462 the Uri of Cy and Charlotte McLaughlin claim

Ngarangi Naden unsure - involvement in Whakatohea

yes

yes

2553 the Torere Whanau (Piner) claim

Judy Piner, Marie Hutchison

Ngaitai

2563 the Whakatohea Mandate (Upokorehe) claim

Kahukore Baker Upokorehe (Whakatohea)

yes

67

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

2589 the Whakatohea Mandate (Ruatakena) claim

Tawhirimatea Te Auripo Rewita Williams

Ngati Ruatakena (Whakatohea)

yes

2590 the Whakatohea Mandate (Rangihaerepo) claim

Rachel Maunganui Wolfgramm, Tania Haerekitera Wolfgramm

Whakatohea

Withdrawn from the Tribunal

2591 the Whakatohea Mandate (Ngati Ira o Waioweka Rohe) claim

Te Rua Rakuraku Ngati Ira o Waioweka (Whakatohea)

yes

yes

2592 the Whakatohea Mandate (Moutohora Quarry) claim

John Hata, Russell Hollis, John Brown

Whakatohea yes

yes

2593 the Whakatohea Mandate (Ngati Patumoana) claim

John Hata, Russell Hollis

Ngati Patumoana (Whakatohea)

yes

yes

2594 the Whakatohea Mandate (Te Whanau o Te Kahika) claim

Wiremu Te Kahika, Joseph Te Kahika

Whakatohea yes

yes

2595 the Whakatohea Mandate (Ngati Muriwai) claim

Christina Davis, Christina Rolleston, Patricia McMurtrie, Adriana Edwards

Ngati Muriwai (Whakatohea)

yes

2602 the Marine and Costal Area (Takutai Moana) Act (Te Whanau A Apanui) claim

Ruiha Edna Stirling, Haro McIlroy, Parehuia Herewini

Te Whanau-A-Apanui

yes

Relates to MACA, was not involved in Whakatohea urgency

68

Wai number

Claim name Claimants Hapu/Iwi they represent

Have sought participation in Wai 1750

Settlement legislation

Listed in Whakatohea AIP

Participated in Whakatohea Mandate inquiry

Listed in Te Whanau-A-Apanui AIP

Other notes

2605 the Whakatohea (Te Whanau A Apanui) claim

Ruiha Edna Stirling, Parehuia Herewini

Te Whanau-A-Apanui + Whakatohea

yes

yes

2606 the Whakatohea (Ngai Tamahaua) claim

Tracy Hillier, Rita Wordsworth

Ngai Tamahaua (Whakatohea)

yes

2609 the Whakatohea Mandate (Mokomoko) claim

Pita Biddle, Karen Mokomoko

Whakatohea

yes

2610 the Whakatohea Mandate (Hei and Ors) claim

Charlie Hei, Nikora Curtis Tautau, Nanette Kernohan, Waipae Perese, Bella Savage, Peter Wairata Warren, William Peter Hatu, Dr Guy Naden, Takaparae Papuni, John Kahui Hillman, Hoani Kerei, Nelson Paynter and Ngarangi Naden

Whakatohea

yes

2657 the Whakatohea Mandate (Edwards and Ors) claim

Adriana Edwards, Dean Flavell, Barry Kiwara

Whakatohea

yes

2728 the Mental Health Services (Campbell) claim

Sharon Campbell Whakatohea yes

2743 the Housing (Wikotu) claim

Jim Wikotu Upokorehe (Whakatohea)

yes

69

Appendix B: Bibliographical Submissions by Counsel

The following bibliography was assembled from submissions by counsel.151

Primary Sources

Archives New Zealand

Awanui Te Aporotanga, Hira Te Popo and others to Native Land Purchase Office. 27 September 1882. AECZ 18714, MA-MLP1/71/m, 1904/74. R23908735. Archives New Zealand, Wellington.

F. D. Bell, In the Matter of the Grant issued 15 February 1845 to John Alexander Wilson and James Stack for 2,987 acres at Opotiki, Bay of Plenty. 20 June 1862. OLC 866. C 315, 4620. R18461900. Archives New Zealand, Wellington.

Confiscated Lands Sim Commission Papers Opotiki (Bay of Plenty) BAPP 24617/A1721, 257/d. R23818776. Archives New Zealand, Auckland.

CS Volkner - File of letters to Grey reporting on the state of the Bay of Plenty natives. G13/3. R22396812. Archives New Zealand, Wellington.

General Lands Office form, 21 November 1882 Conveyance to Crown on 26 December 1881. MAI 932, 1907/647. R22402191. Archives New Zealand, Wellington.

Hira te Popo to Mitchelson, 30 January 1889, MA-MLP1, Box 59, 1900/101, Archives New Zealand.

Mere Hira Te Popo and 56 others to Native Minister. 14 June 1914. BAAA A440. 1001a, Box 708, 44/4, Pt 6. R20392657. Archives New Zealand, Auckland.

Nikora to Balance, April 1885. MA-MLP1, Box 59, 1900/101. Archives New Zealand, Wellington.

Paora Te Pakihi to Seddon, 23 September 1895, MA-MLP1, 1895/392. R23095265. Archives New Zealand, Wellington.

Petition of Rewita Niwa and 49 others on behalf of Whakatohea and a small section of the Urewera Tribes. (Official Translation). MA-MLP1 51, 1898/206. R23907545. Archives New Zealand, Wellington.

Te Awanui Aporotanga and others to McKenzie. 8 May 1866. Te Arowini Aporotanga, Rewita Niwa and 12 others to the Crown Commissioner. 9 May 1866. MA-MLP1, 1898/206. R23907545. Archives New Zealand, Wellington.

Raupatu Document Bank

151 Wai 1750, #3.1.059(a), (Wai 1750, #3.1.060(a)), (Wai 1750, #3.1.061), (Wai 1750, #3.1.063), (Wai 1750, #3.1.064(a)). The references appear as supplied.

70

Compensation Court Archives/Manuscripts. Opotiki Confiscation. DOSLI Hamilton. Raupatu Document Bank Vol. 119, pp. 45738-45830.

Grey, G. Order in Council. New Zealand Gazette. 18 January 1866. Raupatu Document Bank Vol. 12, p. 4068.

New Zealand Gazette. 12 April 1867. Raupatu Document Bank Vol. 12, p. 4181.

Petition No. 20/1945. The Petition of Boera Tupara and Other Members of the Whakatohea Tribe of Opotiki. Raupatu Document Bank Vol. 64, pp 24453-24455.

Proclamation of Governor Grey. New Zealand Gazette, 29 April 1865, p. 129. Raupatu Document Bank Vol. 11, p. 4014.

Schedule. Bay of Plenty District. New Zealand Gazette. 11 September 1866. Raupatu Document Bank Vol. 12, p. 4118.

Stapp to Brassey, 6 October 1865. New Zealand Gazette. 18 November 1865. Raupatu Document Bank Vol.11, p. 4057.

Turton, H. H. (1879). Supplementary Deed: Repudiation of Sale and Return of Purchase Money. 28 May 1879. Raupatu Document Bank Vol. 119, p. 45841.

Legislation

Maori Purposes Act 1953.

Maori Social and Economic Advances Act 1945.

Native Land Amendment and Native Land Claims Adjustment Act 1929.

Native Land Court Act 1886 Amendment Act 1888.

Native Lands Act 1862.

Native Lands Act 1865.

New Zealand Settlements Act 1863.

Special Powers and Contracts Act 1883.

Appendix to the Journals of the House of Representatives (AJHR)

‘Appendix to the Report of the Land Claims Commissioner’, AJHR, 1863, D-14.

‘Correspondence between His Excellency Sir George Grey, K.C.B., and Lieutenant-General Sir D. A. Cameron, K.C.B’, AJHR, 1865, I, A-04.

‘Education: Native Schools. In continuation of E.-2, 1899’, AJHR, 1900, E-02.

‘Education: Native Schools’, AJHR, 1884, E-02.

‘Further Papers Relative to Governor Grey’s Plan of Native Government. Report of Officers. Section IV. Bay of Plenty’, AJHR, 1862, E-09.

‘Grey, G. Proclamation of Peace. Return of Maoris Killed or Wounded at Opotiki’, AJHR, 1866, A-09.

71

‘Land Possessed by Maoris, North Island. (Return of)’, AJHR, 1886, G-15.

‘Memoranda between his Excellency the Governor. Memorandum No. 17’, AJHR, 1865, A-01.

‘Miscellaneous Reports Respecting the Maori Runanga, Cattle Trespass, &c., in Native Districts’, AJHR, 1862, E-05a.

‘Native Land and Native Land Tenure’, AJHR, 1907, G-01c.

‘Native Land Development. Statement by the Hon. Sir Apirana T. Ngata, Native Minister’, AJHR, 1931, G-10.

‘Native Land Development. Statement by the Hon. Sir Apirana T. Ngata, Native Minister’, AJHR, 1932, G-10.

‘Native Land Development. Statement by the Hon. Sir Apirana T. Ngata, Native Minister’, AJHR, 1935, G-10.

‘Native Land Development. Statement by the Hon. Sir Apirana T. Ngata, Native Minister’, AJHR, 1938, G-10.

‘Native Land Development. Statement by the Hon. Sir Apirana T. Ngata, Native Minister’, AJHR, 1940, G-10.

‘Native Lands and Native Land Tenure: Interim Report of Native Land Commission, On Native land in the County of Opotiki’, AJHR, 1908, G-01m.

‘Papers Relative to the Murder of the Rev. Carl Sylvius Volkner’, AJHR, 1865, E-05.

‘Papers Relative to the Spread of the Hau Hau Superstition Among the Maories’, AJHR, 1864, E-04.

‘Papers Relative to the Working of the Native Land Court Acts, and Appendices Relating Thereto’, AJHR, 1871, A-02a.

‘Petition No. 20. Native Affairs Committee (Reports of the). Nga Ripoata A Te Komiti Mo Nga Mea Maori’, AJHR, 1945, I-03.

‘Petition No. 271. Reports of the Native Affairs Committee. Nga Ripoata A Te Komiti Mo Nga Mea Maori’, AJHR, 1922, I-03.

‘Petition No. 37. Native Affairs Committee (Reports of the). Nga Ripoata A Te Komiti Mo Nga Mea Maori’, AJHR, 1944, I-03.

‘Report of Royal Commission to Inquire into and Report on Claims Preferred by Members of the Maori Race Touching Certain Lands Known as Surplus Lands of the Crown’, AJHR, 1948, G-08.

‘Report of the Select Committee on Confiscated Lands’, AJHR, 1866, F-02.

‘Reports of the Native Land Claims Commission’, AJHR, 1921, G-05.

‘Reports of the Native Land Claims Commission’, AJHR, 1922, G-05.

‘Reports on Settlement of Confiscated Lands. Bay of Plenty’, AJHR, 1872, C-04a.

‘Reports on Settlement of Confiscated Lands’, AJHR, 1872, C-04.

‘Reports on Settlements of Confiscated Lands’, AJHR, 1874, C-03.

72

‘Reports on the State of the Natives in Various Districts, at the time of the Arrival of Sir George Grey’, AJHR, 1862, E-07.

‘Return of all Reserves made for Friendly Natives and for Returned Rebels in the Bay of Plenty, Ngati Awa, Middle Taranaki, and Ngati Ruanui Districts; also of blocks awarded by the Compensation Court, their extent and position’, AJHR, 1867, A-18.

‘Royal Commission to inquire into confiscations of native lands and other grievances alleged by natives (report of)’, AJHR, 1928, G-07.

Petition No. 336, AJHR, 1917, II, I-03.

Petition Nos. 630, 235, AJHR, 1915, I-03.

Parliamentary Debates

‘New Zealand Settlements Act’, 10 November 1863, NZPD, vol D.

H. Sewell, ‘Native Lands Frauds Prevention Bill’, 29 August 1870, NZPD, vol 9.

F. Whitaker, ‘Native Land Court Bill’, 7 August 1877, NZPD, vol 24.

Deeds of Settlement

Ngati Awa and Her Majesty the Queen in right of New Zealand. Deed of Settlement to Settle Ngati Awa Historical Claims, 27 March 2003.

Ngati Porou and Te Runanganui o Ngati Porou Trustee Limited and the Crown. Deed of Settlement of Historical Claims, 22 December 2010.

Ngati Tuwharetoa and the Crown Deed of Settlement of Historical Claims, 8 July 2017.

Rongowhakaata including Nga Uri O Te Kooti Rikirangi and The Trustees of the Rongowhakaata Settlement Trust and The Crown. Deed of Settlement of Historical Claims, 30 September 2011.

Tūhoe Me Te Ua Taumatua Rāua Ko Te Karauna. Te Whakatauna O Nā Tohe Raupatu Tawhito: Deed of Settlement of Historical Claims, 4 June 2013.

Native Land Court Minute Books

Gisborne Minute Book No. 18.

Opotiki Minute Books Nos. 2, 3, 4, 5, 6, 10, 11 12.

Newspapers

Auckland Star, 8 December 1930; 30 January 1935.

Daily Southern Cross, 9 March 1865; 11 March 1865; 24 March 1865; 23 September 1865; 28 February 1866; 2 January 1868.

73

Gisborne Photo News, 26 March 1964. https://photonews.org.nz/gisborne/issue/GPN11_7_19640326/t1-body-d54.html.

Hawkes Bay Herald, 19 September 1865.

New Zealand Herald, 11 December 1964.

Poverty Bay Herald, 21 April 1896.

Taranaki Herald, 7 May 1864. (Supplement).

The Press, 17 November 1863.

Secondary Sources

Articles

Grange, L. I. and N. H. Taylor. ‘The distribution and field characteristics of bush-sick soils.’ Bush Sickness. DSIR Bulletin 32. Wellington: W. A. G. Skinner, Government Printer, 1932.

Ruru, Jacinta. ‘Tūhoe-Crown Settlement Te Urewera Act 2014.’ Maori Law Review. October 2014. http://maorilawreview.co.nz/2014/10/tuhoe-crown-settlement-te-urewera-act-2014/.

Sorrenson, M. P. K. ‘Land Purchase Methods and their Effect on Maori Population 1865-1901.’ Journal of the Polynesian Society vol 65, no 3 (1956), 183-199.

Books

Babbage, Stuart B. Hauhauism: An episode in the Maori Wars 1863-1866. Wellington: Reed, 1937.

Bastock, John. Ships on the Australia Station. French’s Forest: Child & Associates Publishing Pty Ltd, 1988.

Belich, James. Making Peoples: A History of the New Zealanders From Polynesian Settlement to the End of the Nineteenth Century. Auckland: Penguin, 1996.

Belich, James. The New Zealand Wars and the Victorian Interpretation of Racial Conflict. Auckland: Penguin, 1986.

Boast, Richard. Buying the Land, Selling the Land: Governments and Maori Land in the North Island 1865-1921. Wellington: Victoria University Press, 2008.

Boast, Richard. The Native Land Court 1862-1867: A Historical Study, Cases and Commentary. Wellington: Brookers, 2013.

Clark, Paul. Hauhau: The Pai Mārire Search for Maori Identity. Auckland: Auckland University Press, 1975.

Colenso, William. Fiat Justitia: Being a few thoughts respecting the Maori prisoner Kereopa, now in Napier Gaol, awaiting his trial for murder. Napier: Dinwiddie, Morrison, and Co., Herald Office, 1871.

74

Cowan, James. The New Zealand Wars: A History of the Maori Campaigns and the Pioneering Period: Volume I: 1845-1864. Wellington: R. E. Owen, 1955.

Cowan, James. The New Zealand Wars: A History of the Maori Campaigns and the Pioneering Period. Volume II. The Hauhau Wars 1864-1872. Wellington: R. E. Owen, 1956.

Fox, William. The War in New Zealand. Christchurch: Capper Press, 1973.

Gilling, Bryan. ‘Raupatu: The Punitive Confiscation of Maori Land in the 1860s,’ in Raupatu: The Confiscation of Maori Land, edited by Richard Boast and Richard Hill. Wellington: Victoria University Press, 2009.

Hill, Richard S. Maori and the State: Crown Maori Relation in New Zealand 1950-2000. Wellington: Victoria University Press, 2009.

Sissons, Jeffrey. Te Waimana – The Spring of Mana: Tuhoe History and the Colonial Encounter. Dunedin: University of Otago Press, 1991.

Lyall, A. C. Whakatohea of Opotiki. Wellington: A.H. and A. W. Reed, 1979.

Powell, Rhonda, Elisabeth McDonald, Māmari Stephens and Rosemary Hunter. Feminist Judgements of Aotearoa New Zealand. Te Rino: A Two-Stranded Rope. Oxford and Portland, Oregon: Hart Publishing, 2017.

McDonnell, Thomas A. A Maori History Being a Native Account of the Pakeha Maori Wars in New Zealand. Auckland: H. Brett Printer and Publisher, 1887.

Orange, Claudia. An Illustrated History of the Treaty of Waitangi. Wellington: Allen and Unwin, 1990.

Rogers, Lawrence (ed.). The Early Journals of Henry Williams. Christchurch: Pegasus Press, 1961.

Sorrenson, M. P. K. (ed.). Na to Hoa Aroha: From your Dear Friend: The correspondence between Sir Āpirana Ngata and Sir Peter Buck 1925-1950. Volume 1: 1925-1929. Auckland: University of Auckland Press, 1988.

Spencer, Margeret. The Waioeka Pioneering Saga. Napier: Te Rau Press Ltd, 1992.

Stafford, Don. M. Te Arawa: A History of the Arawa People. Auckland: Reed, 1986.

The Murder of Rev. C. S. Volkner in New Zealand. London: Church Missionary House, 1865. http://www.enzb.auckland.ac.nz/docs/2014AucklandMuseum/murder-volkner/pdf/murdervolkner1000.pdf.

Turton, H. H. Maori Deeds Of Old Private Land Purchases in New Zealand, from the Year 1815-1840, with Pre-emptive and Other Claims. Wellington: George Didsbury, Government Printer, 1882.152

Walker, Ranginui. ‘Reclaiming Maori Education,’ in Decolonisation in Aotearoa: Education, Research and Practice, edited by J. Hutchings and J. Lee-Morgan. Wellington: NZCER Press, 2016.

Walker, Ranginui. Ka Whawhai Tonu Matou: Struggle Without End. Auckland: Penguin, 1990.

152 This source was raised with different details in another submission.

75

Walker, Ranginui. Opotiki-Mai-Tawhiti, Capital of Whakatohea: The story of Whakatohea’s struggle in the nineteenth and twentieth centuries. Auckland: Penguin, 2007.

Ward, Alan. A Show of Justice: Racial ‘Amalgamation’ in Nineteenth Century New Zealand. Auckland: Auckland University Press, 1973.

Williams, David. Te Kooti Tango Whenua: The Native Land Court 1864-1909. Wellington: Huia, 1999.

Theses

Tuuta, Dion. ‘Diverging Paths: An examination of the Stout Ngata Recommendations and Subsequent Legislation.’ MA Thesis, Massey University, 1996.

Walkinton, Rachael. ‘The Greatest Mechanism Ever for Solving the Maori Land Problem: A Study of the Stout-Ngata Native Lands and Land Tenure Commission 1907-1909.’ MA Thesis, University of Canterbury, 1998.

Research Reports

Alexander, David. ‘Environmental Issues Relevant to the Historical Relationship Between Whakatōhea Hapū and the Crown.’ Commissioned research report. Wellington: Office of Treaty Settlements and Whakatōhea Pre-Settlement Claims Trust, 2017.

Derby, Mark. ‘Ngā Whenua I Waho o te Raina Raupatu: History of Whakatōhea lands outside the Eastern Bay of Plenty confiscation block.’ Commissioned research report. Wellington: Office of Treaty Settlements and Whakatōhea Pre-Settlement Claims Trust, 2017.

Derby, Mark. ‘Ngā Whenua I Whakatōhea Mai I te Raupatu: Compensation Court, out-of-court settlements and lands returned to Whakatōhea - nineteenth and twentieth century.’ Commissioned research report. Office of Treaty Settlements and Whakatōhea Pre-settlement Claims Trust, 2017.

Matthews and Matthews Architects Ltd, L. Williams, Skidmore and Associates and Archaeology BOP. ‘Opotiki Town Centre Historic Heritage Study. Part One.’ Ōpōtiki: Opotiki District Council, New Zealand Historic Places Trust and Environment Bay of Plenty, 2006.

Stirling, Bruce. ‘Whakatohea Claims Research: Literature Review and Gaps Analysis.’ Wellington: History Works, 2013.

Walker, Ranginui. ‘Whakatohea Raupatu Historical Account Summary.’ Ōpōtiki: Whakatohea Pre-Settlement Claims Trust, Te Komiti Whiriwhiri Hitori and Nga Kaumatua o te Whakatohea, 2017.

Walzl, Tony. ‘Ngā Take o te Rau Tau 1900 Me Ngā Hua o Ngā Ōhanga ā Pāpori i te Raupatu. File Research Report on Twentieth-century land administration and socio-economic issues.’ Commissioned research report. Wellington: Whakatohea Pre-Settlement Claims Trust and the Office of Treaty Settlements, 2017.

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Wynyard, Matt. ‘Ngā Kerēme Whenua Tawhito: Old land claims in the Whakatohea rohe.’ Commissioned research report. Wellington: Office of Treaty Settlements and Whakatohea Pre-Settlement Claims Trust, 2017.

Websites

Binney, Judith. ‘Maori Prophetic Movements - Nga Poropiti. Te Ua Haumene - Pai Marire and Hauhau,’ Te Ara: The Encyclopedia of New Zealand, https://teara.govt.nz/en/maoripropheticmovements-nga-poropiti/page-2, first published 5 May 2011.

Binney, Judith. ‘Te Kooti Arikirangi Te Turuki,’ Dictionary of New Zealand Biography, Te Ara: The Encyclopedia of New Zealand. https://teara.govt.nz/en/biographies/1t45/te-kooti-arikirangi-te-turuki, first published 1990.

Butterworth, Graham. ‘Pomare, Maui Wiremu Piti Naera.’ Dictionary of New Zealand Biography. Te Ara: The Encyclopedia of New Zealand. https://teara.govt.nz/en/biographies/3p30/pomare-maui-wiremu-piti-naera, first published 1996.

Calman, Ross. ‘Maori education - mātauranga - The Native Schools System, 1867-1969.’ Te Ara: The Encyclopedia of New Zealand. https://teara.govt.nz/en/maori-education-matauranga/page-3, first published 20 June 2012.

Head, Lyndsay. ‘Te Ua Haumene,’ The Dictionary of New Zealand Biography, Te Ara: The Encyclopedia of New Zealand, https://teara.govt.nz/en/biographies/1t79/te-ua-haumene, first published 1990.

Mahuika, Apirana T. and Steven Oliver. ‘Tauroata-a-Kura, Piripi,’ Dictionary of New Zealand Biography, Te Ara: The Encycloaedia if New Zealand, https://teara.govt.nz/en/biographies/1t19/taumata-a-kura-piripi, first published 1990.

McAloon, Jim. ‘Land Ownership - Maori and Land Ownership,’ Te Ara: The Encyclopedia of New Zealand, http://www.TeAra.govt.nz/en/land-ownership/page-1, first published 24 November 2008.

Meredith, Paul. ‘Maori Urbanisation, 1926-86,’ Te Ara: The Encyclopaedia of New Zealand, https://teara.govt.nz/en/graph/3571/maori-urbanisation-1926-86, published 8 February 2005, updated 17 Feb 2015.

Meredith, Paul. ‘Urban Maori – Urbanisation,’ Te Ara: The Encyclopaedia of New Zealand, https://teara.govt.nz/en/document/3570/the-hunn-report, first published 8 February 2005, updated 17 February 2015.

Ministry for Culture and Heritage. ‘Carl Volkner,’ Manatū Taonga: Ministry for Culture and Heritage, https://nzhistory.govt.nz/people/carl-volkner, updated 8 November 2017.

Ministry for Culture and Heritage. ‘Jack Hunn,’ Manatū Taonga: Ministry for Culture and Heritage, https://nzhistory.govt.nz/people/jack-kent-hunn, updated 17 May 2017.

Ministry for Culture and Heritage. ‘Maui Pomare,’ Manatū Taonga: Ministry for Culture and Heritage, https://nzhistory.govt.nz/people/maui-wiremu-piti-naera-pomare, updated 12 December 2019.

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Ministry for Culture and Heritage. ‘The Second World War and Maori Urbanisation,’ Manatū Taonga: Ministry for Culture and Heritage, https://nzhistory.govt.nz/classroom/nz-race-relations/effects-of-second-world-war, updated 4 August 2014.

Newton Davis, Brian and E. S. Dollimore. ‘Opotiki,’ An Encyclopaedia of New Zealand, Te Ara: The Encyclopaedia of New Zealand, edited by A. H. McLintock, http://www.TeAra.govt.nz/en/1966/opotiki, first published 1966.

Oliver, Steven. ‘Te Rau, Kereopa,’ Dictionary of New Zealand Biography, Te Ara: The Encyclopaedia of New Zealand, https://teara.govt.nz/en/biographies/1t72/te-rau-kereopa, first published 1990, updated June 2014.

Stokes, Evelyn. ‘Volkner, Carl Sylvius,’ The Dictionary of New Zealand Biography, Te Ara: The Encyclopaedia of New Zealand, https://teara.govt.nz/en/biographies/1v5/volkner-carl-sylvius, first published 1990.

Taonui, Rāwiri. ‘Te Ture - Maori Land Legislation The Maori Land Court,’ Te Ara: The Encyclopaedia of New Zealand, https://teara.govt.nz/en/te-ture-maori-and-legislation/page-3, first published 20 June 2012.

Tonkin, P. J. ‘Soil investigation - Early investigations and bush sickness: 1900-1930,’ Te Ara: The Encyclopaedia of New Zealand, http://www.TeAra.govt.nz/en/document/14187/bush-sickness, first published 24 Sep 2007.

Walker, Ranginui. ‘Te Whakatohea: Lands and Resources,’ Te Ara: The Encyclopaedia of New Zealand, https://teara.govt.nz/en/te-whakatohea/page-1, first published 8 February 2005, updated 1 Mar 2017.

Whaanga, Mere. ‘Te Kōti Whenua - Maori Land Court - Surveying and other costs 1880-1900,’ Te Ara: The Encyclopaedia of New Zealand, https://teara.govt.nz/en/te-koti-whenua-maori-land-court/page-3, first published 20 June 2012.

White, H. G. D. ‘Hira Te Popo,’ Dictionary of New Zealand Biography, Te Ara: The Encyclopaedia of New Zealand, https://teara.govt.nz/en/biographies/2t25/te-popo-hira, first published 1993.

Williams, R. N. ‘Hunn, Jack Kent,’ Dictionary of New Zealand Biography, Te Ara: The Encyclopaedia of New Zealand, https://teara.govt.nz/en/biographies/5h43/hunn-jack-kent, first published 2000, updated July 2011.

Waitangi Tribunal Evidence and Reports

Battersby, John. ‘Conflict in Poverty Bay 1865’ (Wai 894, A126). Commissioned Research Report. Wellington: Crown Law Office, 2002.

Battersby, John. ‘Conflict in the Bay of Plenty and Urewera Districts 1864-1868’ (Wai 894, B3). Commissioned Research Report. Wellington: Crown Law Office, 2005.

Belgrave, Michael, Anna Deason, and Grant Young. ‘Crown Policy with Respect to Maori Land, 1953-1999’ (Wai 1200, A66). Commissioned research report. Wellington: Crown Forestry Rental Trust, 2004.

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Binney, Judith. ‘Encircled Lands Part One: A History of the Urewera from European Contact until 1878: An Overview Report on the Urewera’ (Wai 894, A12). Commissioned research report. Wellington: Waitangi Tribunal, 2002.

Binney, Judith. ‘Encircled Lands. Part Two: A History of the Urewera 1878-1912’ (Wai 894, A15). Commissioned research report. Wellington: Waitangi Tribunal, 2002.

Boast, Richard. ‘The Crown and Te Urewera in the 20th Century: A study of government policy’ (Wai 894, A109). Commissioned research report. Wellington: Waitangi Tribunal, 2002.

Boston, Peter and Steven Oliver. ‘Tahora’ (Wai 894, A22). Commissioned research report. Wellington: Waitangi Tribunal, 2002.

Brookfield, F M. ‘Opinion for the Waitangi Tribunal on Legal Aspects of the Raupatu (Particularly in Taranaki and the Bay of Plenty)’ (Wai 143, M19 (a)). Wellington: Waitangi Tribunal, 26 January 1996.

Campbell, S. ‘National Overview on Land Consolidation Schemes 1909-1931’ (Wai 1200, A62). Commissioned research report. Wellington: Crown Forestry Rental Trust, July 1998.

Gilling, Bryan. ‘Lands, Funds, and Resources. Aspects of the Economic History of Maori in Wairarapa ki Tararua’ (Wai 863, A118). Commissioned research report. Wellington: Waitangi Tribunal, 2004.

Gilling, Bryan. ‘Te raupatu o te Whakatohea: The Confiscation of Whakatohea Land, 1865-1866’ (Wai 894 doc A53). Commissioned research report. Wellington: Treaty of Waitangi Policy Unit, 1994.

Gould, Ashley. ‘Maori Land Development Schemes Generic Overview Circa 1920-1993’ (Wai 1200, A67). Commissioned research report. Wellington: Crown Forestry Rental Trust, 2004.

Johnston, Ewan. ‘Ohiwa Harbour: An Overview’ (Wai 894, A116). Commissioned research report. Wellington: Waitangi Tribunal, 2003.

Johnston, Ewan. ‘Wai 203 (Mokomoko) and Wai 339 (Hiwarau Block)’ (Wai 894 doc A14). Commissioned research report. Wellington: Waitangi Tribunal, June 2002.

Johnston, Ewan. ‘Wai 203/339 Scoping report (Upokorehe)’ (Wai 894, A7). Commissioned scoping report. Wellington: Waitangi Tribunal, November 2001.

Loveridge, Donald. ‘The Development of Crown Policy on the Purchase of Māori Lands, 1865-1910’ (Wai 1200, A77). Commissioned research report. Wellington: Crown Forestry Rental Trust, 2004.

Mikaere, Buddy. ‘Exploratory Report to the Waitangi Tribunal being an Historical Account of the confiscation of land in the Opotiki District’ (Wai 894, A104). Wellington: Waitangi Tribunal, 1991.

Miles, Anita. ‘Ohiwa Harbour Scoping Report’ (Wai 894, A5). Commissioned scoping report. Wellington: Waitangi Tribunal, 2001.

Milroy, J. W., S. Melbourne, and Tama Nikora. ‘The Bay of Plenty Confiscation and the Tūhoe Tribal Boundary’ (Wai 894, A123). Commissioned research Report. Taneatua: Tuhoe-Waikaremoana Maori Trust Board, 1995.

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Murton, Brian. ‘The Crown and the Peoples of Te Urewera: The Economic and Social Experience of Te Urewera Maori, 1860–2000’ (Wai 894, H12). Commissioned research report. Wellington: Crown Forestry Rental Trust, 2004).

O’Malley, Vincent. ‘East Coast Confiscation Legislation and its Implementation’ (Wai 894 doc A34). Commissioned research report. Wellington: Waitangi Tribunal, 1994.

Oliver, Stephen. ‘Ruatoki Block report’ (Wai 894, A6). Commissioned research report. Wellington: Waitangi tribunal, 2002.

Parker, Brent. ‘Statement of Brent Parker in respect of Timeline and Document Bank Relating to Waimana Block’ (Wai 894, K4, K4(a), K4(b)). Commissioned research report. Wellington: Crown Law Office, 2005.

Parker, Brent. ‘Tahora No. 2 Block’ (Wai 894, L7). Commissioned research report. Wellington: Crown Law Office, 2005.

Parsonson, Ann. ‘The New Zealand Settlements Act 1863’ (Wai 143, I22). 1993.

Rose, Kathryn, ‘The Bait and the hook: Crown purchasing in Taupo and the Central Bay of Plenty in the 1870s, an overview report’ (Wai 1200, A54). Commissioned research report. Wellington: Crown Forestry Rental Trust, 1997.

Schmidt, Kieran and Fiona Small. ‘The Maori Trustee 1913-1953’ (Wai 1200, A61). Commissioned research report. Wellington: Crown Forestry Rental Trust, May 1996.

Sissons, Jeffrey. ‘Waimana Kaaku: A History of the Waimana Block’ (Wai 894, A24). Commissioned research report. Wellington: Crown Forestry Rental Trust, 2002.

Te Runanga o Ngati Awa. ‘Document bank for the Trials of the Accused murderers of Karl Volkner and James Fulloon Volume II’ (Wai 894, A106). Whakatane: Te Runanga o Ngati Awa, 21 November 1994.

Waitangi Tribunal. ‘Whakatohea Case Commentary in Preparation for Final Report to the Waitangi Tribunal’ (Wai 87 doc A2). Presented to a Hui of all the hapu of Whakatohea at Omaramutu Marae on 7 November 1992. Wellington: Waitangi Tribunal, 25 January 1994.

Were, Kevin. ‘Mokomoko – Our Tipuna’ (Wai 894, A31, A59). Mokomoko Whanau.

Waitangi Tribunal Rangahaua Whanui Series

Moore, D., B. Rigby, and M. Russell. Old Land Claims. Rangahaua Whanui series. Wellington: Waitangi Tribunal, 1997.

Waitangi Tribunal Reports

Waitangi Tribunal. Te Urewera Vol III (Wai 894). Waitangi Tribunal Report. Wellington: Waitangi Tribunal, 2017.

Waitangi Tribunal. Te Urewera: Pre-publication Part I (Wai 894). Waitangi Tribunal Report. Wellington: Waitangi Tribunal, 2009.

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Waitangi Tribunal. The Ngati Awa Raupatu Report (Wai 46). Waitangi Tribunal Report. Wellington: Waitangi Tribunal, 1999.

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Appendix C: Provisional Bibliography of Sources for the North-Eastern Bay of Plenty District

This bibliography is provided to identify potentially relevant material for the benefit of the Tribunal, parties, and researchers. It should not be regarded as comprehensive and draws heavily on the identification of sources cited in existing literature.

Books

Andersen, J.C. and G.C. Peterson. The Mair Family. Auckland: A.H. and A.W. Reed, 1956.

Belich, James. Making Peoples: A History of the New Zealanders from Polynesian Settlement to the End of the Nineteenth Century. Auckland: Penguin, 1996.

Belich, James. The New Zealand Wars and the Victorian Interpretation of Racial Conflict. Auckland: Auckland University Press, 1986.

Best, Elsdon. Tuhoe, the Children of the Mist: A Sketch of the Origin, History, Myths, and Beliefs of the Tuhoe tribe of the Maori of New Zealand: With Some Account of Other Early Tribes of the Bay of Plenty District. 2 volumes. Auckland: Reed, 1996.

Binney, Judith. Redemption Songs: The Life of Te Kooti Arikirangi te Turuki. Auckland: Auckland University Press with Bridget Williams Books, 1995.

Binney, Judith. Encircled Lands: Te Urewera, 1820-1921. Wellington: Bridget Williams Books, 2009.

Binney, Judith, Gillian Chaplin and Craig Wallace. Mihaia: The Prophet Rua Kenana and his Community at Maungapohatu. Auckland: Oxford University Press, 1979.

Boast, Richard. The Native Land Court 1862–1887: A Historical Study, Cases and Commentary. Wellington: Thomson Reuters, 2013

Boast, Richard. The Native Land Court Volume 2, 1888-1909: A Historical Study, Cases and Commentary. Wellington: Thomson Reuters, 2015.

Boast, Richard. The Native/Maori Land Court Vol 3, 1910-1953: Collectivism, Land Development and the Law. Wellington: Thomson Reuters, 2019.

Boast, Richard and Richard S. Hill eds. Raupatu: The Confiscation of Maori Land. Wellington: Victoria University Press, 2009.

Butterworth, G. V. and S. M. Butterworth. The Maori Trustee. Wellington: The Maori Trustee, 1991.

Clark, Lindsay ed. Opotiki: 100 Years, 1877-1977. Whakatane: Beacon Printing and Publishing for Opotiki County Council 1977.

Clark, Paul. ‘Hauhau’: The Pai Marire Search for Maori Identity. Auckland: Auckland University Press and Oxford University Press, 1975.

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Cowan, James. The New Zealand Wars: A History of the Maori Campaigns and the Pioneering Period: Volume II: The Hauhau Wars, (1864–72). Wellington: R. E. Owen, Government Printer, 1956.

Grace, Thomas Samuel. A Pioneer Missionary among the Maoris, 1850-1879: Being Letters and Journals of Thomas Samuel Grace. Edited by S. J. Brittan and G. F., C. W., and A. V. Grace. Palmerston North: G. H. Bennett & Co., [1928].

Hill, Richard S. The Colonial Frontier Tamed: New Zealand Policing in Transition, 1867-1886. Wellington: G. P. Books, 1989.

Lyall, A. C. Whakatohea of Opotiki. Auckland: Reed, 1997.

McNab, Robert, ed. Historical Records of New Zealand. Wellington: John McKay, Government Printer, 1908.

Mikaere, Ani. The Balance Destroyed: Consequences for Māori women of the colonisation of Tikanga Māori. Auckland: International Research Institute for Māori and Indigenous Education, 2003.

Nikora, T. ‘Maori Values and Park Values’, in ‘Seminar on People and Parks: the human side of managing New Zealand’s parks and protected areas: proceedings, Lincoln College, Canterbury 27-30 August 1984’, compiled by Jenny Steven and Lester Clark. Wellington: Department of Lands and Survey, 1985.

Noonan, Rosslyn J. By Design: A Brief History of the Public Works Department, Ministry of Works, 1870–1970. Wellington: A. R. Shearer, Government Printer, 1975.

Orange, Claudia. The Treaty of Waitangi. Wellington: Allen & Unwin in association with the Port Nicholson Press, 1987.

Parham, W. T. James Francis Fulloon. A Man of Two Cultures. Whakatane: Whakatane and District Historical Society, 1985.

Roche, Michael. Land and Water: Water and Soil Conservation and Central Government in New Zealand, 1941-1988. Wellington: Historical Branch, Department of Internal Affairs, 1994.

Rosenfeld, Jean E. The Island Broken in Two Halves. Land and Renewal Movements Among the Maori of New Zealand. University Park: Pennsylvania State University Press, 1999.

Rother, Tanja. ‘Mana whenua and the ownership of nature: Challenges to the co-governance of natural resources in Aotearoa New Zealand’. In Reconciliation, Representation and Indigeneity: ‘Biculturalism’ in Aotearoa New Zealand, edited by Peter Adds, Brigitte Bönisch-Brednich, Richard S. Hill, and Graeme Whimp, 151-166. Heidelberg: Universitätsverlag Winter, 2016.

Salmon, Peter. The Compulsory Acquisition of Land in New Zealand (An exposition of the provisions governing the compulsory acquisition of land and the assessment of compensation therefor under the Public Works Act 1981). Wellington: Butterworths, 1982.

Sissons, Jeffrey. Te Waimana, The Spring of Mana: Tuhoe History and the Colonial Encounter. Dunedin: University of Otago Press, 1991.

Smith, S. Percy. Maori Wars of the Nineteenth Century: The Struggle of the Northern against the Southern Maori Tribes prior to the Colonisation of New Zealand in 1840. Christchurch: Whitcombe and Tombs, 1910.

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Stafford, D. M. Te Arawa: A History of the Arawa People. Auckland: Reed,2002.

Stokes, Evelyn. Pai Marire and the Niu at Kuranui. Hamilton: Centre for Maori Studies and Research, University of Waikato, 1983.

Stokes, Evelyn, J Wharehuia Milroy, and Hirini Melbourne. Te Urewera Nga Iwi Te Whenua Te Ngahere: People, Land and Forests of Te Urewera. Hamilton: University of Waikato, 1986.

Taylor, Nancy M. ed. Early Travellers in New Zealand. Oxford: Clarendon Press, 1959.

van der Wouden, A. Ohiwa: A Short History and Guide. Whakatane: Whakatane and District Historical Society, 1993.

Walker, Ranginui. Ōpōtiki-Mai-Tawhiti: Capital of Whakatōhea: The story of Whakatohea’s struggle during the nineteenth and twentieth centuries. North Shore: Penguin, 2007.

Ward, Alan. A Show of Justice: racial ‘amalgamation’ in nineteenth century New Zealand. [Auckland]: Auckland University Press and Oxford University Press, 1973.

Whitmore, Major-General Sir George S. The Last Maori War in New Zealand under the Self-Reliant Policy. Facsimile edition. Christchurch: Kiwi Publishers, 1995. (Originally published London: Sampson Low, Marston & Co, 1902.)

Williams, David V. ‘Te Kooti tango whenua’: The Native Land Court 1864–1909. Wellington: Huia, 1999.

Williams, Henry. The Early Journals of Henry Williams. Edited by Lawrence M. Rogers. Christchurch: Pegasus Press, 1961.

Wilson, John Alexander. The Story of Te Waharoa: a chapter in early New Zealand History; together with, Sketches of ancient Maori life and history. Facsimile edition. Christchurch: Capper Press, 1984. (Original edition published Christchurch: Whitcombe and Tombs, 1907, combining texts originally published separately in 1866 and 1896).

Articles

Barker, R. I. ‘Private Right vs Public Interest – Compulsory Acquisition and Compensation under Public Works Act 1928’. New Zealand Law Journal (3 June 1969): 251-269.

Davidson, Allan K. “Völkner and Mokomoko: ‘Symbols for Reconciliation’ in Aotearoa, New Zealand”. Studies in Church History vol 40: 317-329.

Mikaere, Ani. ‘Cultural Invasion Continued: The Ongoing Colonisation of Tikanga Māori’. Te Purenga vol 8, no. 2 (2005).

Mikaere, Ani. ‘Māori Women: Caught in the Contradictions of a Colonised Reality’. Waikato Law Review vol 2 (1994).

Paul, L. J. ‘Observations on Past and Present Distribution of Mollusc Beds in Ohiwa Harbour, Bay of Plenty’. New Zealand Journal of Science vol 9, no. 1 (1966).

Richmond, Bruce M., Campbell S. Nelson, and Terry R. Healy. ‘Sedimentology and evolution of Ohiwa Harbour, a barrier-impounded estuarine lagoon in Bay of Plenty’. New Zealand Journal of Marine and Freshwater Research vol 18, no. 4 (1984).

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Historical Review

Historical Review

This is the journal of the Whakatane and District Historical Society. It has published a

significant number of articles that are likely to be of relevance to the North-Eastern Bay of

Plenty District Inquiry. Given the number of these articles, they are not listed individually

here.

Journal of the Polynesian Society

JPS has published a significant number of articles that are likely to be of relevance to the North-Eastern Bay of Plenty District Inquiry

Research and scoping reports

Alexander, David. ‘Environmental Issues and Resource Management (Land) in Taihape Inquiry District, 1970s-2010’. Wellington: Waitangi Tribunal, 2015. (Wai 2180, #A38).

Alexander, David. ‘Land-based resources, waterways and environmental impacts’. Wellington: Waitangi Tribunal, November 2006. (Wai 1040, #A7).

Alexander, David. ‘Ngā Take Taio Environmental Issues Relevant To The Historical Relationship Between Whakatōhea Hapū and the Crown’. Wellington: Office of Treaty Settlements and Whakatōhea Pre-settlement Claims Trust, 2018. Available at https://whakatoheapresettlement.org.nz/wp-content/uploads/2018/08/Whakat%C5%8Dhea-NG%C4%80-TAKE-TAIAO-FULL-REPORT.pdf

Armstrong, David and Brent Parker. ‘The Ohope Scenic Reserve’, Wellington: Crown, 1996. (Wai 46, #M10).

Armstrong, David A., and Brent Parker. ‘Te Uretara Island’, Wellington: Crown, 1996. (Wai 46, #M14).

Bennion, Tom. ‘The History of Rating in Te Urewera’. Wellington: Crown Forestry Rental Trust, 2003. (Wai 894, #A130).

Bennion, Tom and Anita Miles, ‘Ngati Awa and other Claims’. Wellington: Waitangi Tribunal, 1995. (Wai 46, #I1).

Boston, Peter. ‘Tahora Block Scoping Report’. Wellington: Waitangi Tribunal 2000. (Wai 894,

#A71).

Boston, Peter and Steven Oliver. ‘Tahora’. Wellington: Waitangi Tribunal, 2002. (Wai 894, #A22).

Byrnes, Giselle, ‘A Preliminary Report on the Use, Control and Management of the Tauranga Harbour’. Wellington: Waitangi Tribunal, 1996. (Wai 215, #A36).

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Clayworth, Peter. ‘A History of the Tuararangaia Blocks’. Wellington: Waitangi Tribunal, 2001. (Wai 894, #A3).

Derby, Mark. ‘Ngā Whenua I Whakahokia Mai I te Raupatu: Compensation Court, out-of-court settlements and lands returned to Whakatōhea – nineteenth and twentieth century’. Wellington: Office of Treaty Settlements and Whakatōhea Pre-settlement Claims Trust, 2018.

Derby, Mark. ‘Ngā Whenua I Waho o te Raina Raupatu: History of Whakatōhea lands outside the Eastern Bay of Plenty confiscation block’. Wellington: Office of Treaty Settlements Office of Treaty Settlements and Whakatōhea Pre-settlement Claims Trust, 2018.

Doig, Suzanne. ‘Te Urewera Waterways and Freshwater Fisheries’. Wellington: Crown

Forestry Rental Trust, 2002. (Wai 894, #A75).

Feldman, James W. Treaty Rights and Pigeon Poaching: Alienation of Maori access to Kereru, 1864 – 1960. Wellington: Waitangi Tribunal, 2001. (Wai 262, #K7).

Gilling, Bryan. ‘Te Raupatu O Te Whakatohea: The Confiscation of Whakatohea Land, 1865-1866’. Wellington: Treaty of Waitangi Policy Unit, Department of Justice, 1994. (Wai 87, #A3).

Gilling, Bryan, ‘The Policy and Practice of Raupatu in New Zealand, Part A’, 1997 (Wai 201, #J27; Wai 299, #A15)

Gilling, Bryan, ‘The Policy and Practice of Raupatu in New Zealand, Part B: The Practice of Raupatu – the five confiscations’ 1997 (Wai 201, M9; Wai 299, #B1).

Hearn, T. J. ‘Social and Economic Change in Northland c.1900 to c.1945: The Role of the Crown and the Place of Maori’. Wellington: Crown Forestry Rental Trust, 2006. (Wai 1040, #A3).

Johnston, Ewan. ‘Ohiwa Harbour’. Wellington: Waitangi Tribunal, 2003. (Wai 894, #A116).

Johnston, Ewan. ‘Wai 203/339 Scoping Report’. Wellington: Waitangi Tribunal, 2001. (Wai

339, #A2).

Johnston, Ewan. ‘Wai 203 and Wai 339 Research Report’. Wellington: Waitangi Tribunal,

2002. (Wai 894, #A14).

La Rooij, Marinus. ‘“That Most Difficult and Thorny Question”: The Rating of Māori Land in

Tauranga County’. Wellington: Waitangi Tribunal, 2002. (Wai 215, #P14).

Luiten, Jane. ‘Local Government in Te Rohe Potae’, research report commissioned by the

Waitangi Tribunal, 2011 (Wai 898, #A24)

Luiten, Jane. ‘Local Government on the East Coast’. Wellington: HistoryWorks for the Crown

Forestry Rental Trust, 2009. (Wai 900, #A69).

McClean, Robert, ‘The Matakana Island Sewerage Outfall’. Wellington: Waitangi Tribunal, 1998. (Wai 215, #B4).

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McClean, Robert, ‘Tauranga Moana: Fisheries, Reclamations, and Foreshores Report’. Wellington: Waitangi Tribunal, 1999. (Wai 215, #D7).

Mead, Hirini Moko and Jeremy Gardiner. ‘Te Kaupapa O Te Raupatu I Te Rohe O Ngati Awa: Ethnography of the Ngati Awa Experience of Raupatu’. Whakatane: Te Runanga o Ngati Awa, 1994. (Wai 46, #A18).

Mead, Hirini Moko and Te Roopu Whakaemi Korero o Ngati Awa. ‘Whenua Tautohetohe: Testing the Tribal Boundaries’. Whakatane: Te Runanga o Ngati Awa, 1994. (Wai 46, #C7).

Mead, Hirini Moko and Te Roopu Kohikohi Korero o Ngati Awa, Poneke. ‘Te Murunga Hara: The Pardon’. Whakatane: Te Runanga o Ngati Awa, 1989. (Wai 46, #C15).

Mikaere, Buddy, ‘Exploratory Report to the Waitangi Tribunal being an Historical Account of the confiscation of land in the Opotiki District’. Wellington: Waitangi Tribunal, 1991. (Wai 87, #A1).

Miles, Anita. ‘Maraehako, Te Kaha’. Wellington: Waitangi Tribunal, 1993. (Wai 224, #A1).

Miles, Anita. ‘Maungaroa 1 section 19’. Pre-publication issue. Wellington: Waitangi Tribunal, 1993. (Wai 281, #A1).

Miles, Anita. ‘Ohiwa Harbour Scoping Report’. Wellington: Waitangi Tribunal, 2001. (Wai 339, #A1).

Milroy, J. W., S. Melbourne and T. R. Nikora. ‘The Bay of Plenty Confiscation and the Tuhoe Tribal Boundary’. Rotorua: Tuhoe-Waikaremoana Maori Trust Board, 1995. (Wai 46, #H2).

Milroy, Te Wharehuia, and Hirini Melbourne. ‘Te Roi o te Whenua: Tūhoe claims under the Treaty before the Waitangi Tribunal’. 1995. (Wai 894, #A33).

Park, Geoff. ‘Effective Exclusion? An Exploratory Overview of Crown Actions and Maori Responses Concerning the Indigenous Flora and Fauna, 1912-1983’. Wellington: Waitangi Tribunal, 2001. (Wai 262, #K4).

Parker, Brent. ‘Tahora No. 2 Block’. Wellington: Crown, 2005 (Wai 894, #L7).

Patrick, P.W. ‘Waitangi Tribunal Claim 213: Whangaparaoa 1B part – Appln 35954’. 1992. (Wai 213, #A1).

Schmidt, Kieran, and Fiona Small. ‘The Maori Trustee 1913-1953’. Wellington: Crown Forestry Rental Trust, 1996 (Revised 1998).

Sissons, Jeffrey. ‘Waimana Kaaku: A History of the Waimana Block’. Wellington: Crown Forestry Rental Trust, 2002. (Wai 894, #A24).

Stirling, B. ‘Report for Nukutere Lands Trust on Opape Roading Issues’. Wellington, 2005.

Stirling, Bruce. ‘Eating Away at the Land, Eating Away at the People: Local Government, Rates, and Māori in Northland’. Wellington: Crown Forestry Rental Trust, 2008. (Wai 1040, #A15).

Te Roopu Whakaemi Korero o Ngati Awa. ‘Ohiwa’. Whakatane: Te Runanga o Ngati Awa, 1995. (Wai 46, #L10).

Te Roopu Whakaemi Korero o Ngati Awa. ‘Te Uretara Island’. Whakatane: Te Runanga o Ngati Awa, 1992. (Wai 46, #A5).

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Te Roopu Whakaemi Korero o Ngati Awa, ‘Ohope Scenic Reserve’. Whakatane: Te Runanga o Ngati Awa, 1992. (Wai 46, #A9).

Te Roopu Whakaemi Korero o Ngati Awa and Martelli McKegg Wells & Cormack. ‘Ohope Reserve: a Report Prepared in Support of Claim Wai 46’. Whakatane: Te Runanga o Ngati Awa, 1995. (Wai 46, #G7(f)).

Towers, Richard. ‘“Its Rates and Taxes Biting … its Teeth Cannot Be Withdrawn!” Rating on the East Coast’. Wellington: Crown Forestry Rental Trust, 2007. (Wai 900, #A66).

Walzl, Tony. ‘Whakatōhea: Ngā Take o Te Rau Tau 1900 Me Ngā Hua o Ngā Ōhanga Ā Pāpori I Te Raupatu’. Wellington: Office of Treaty Settlements in association with Whakatōhea Pre-settlement Claims Trust, 2018.

Were, Kevin. ‘Mokomoko - Our Tipuna’. Mokomoko Family, n.d. (Wai 203, #A1; Wai 894, #A59).

Woodley, Suzanne. ‘Porirua ki Manawatū Inquiry District: Local Government Issues Report’. Wellington: Crown Forestry Rental Trust, 2017. (Wai 2200, #A193).

Woodley, Suzanne. ‘Taihape Rangitikei ki Rangipo Inquiry: Māori Land Rating and Landlocked Bocks Report, 1870-2015’. Wellington: Crown Forestry Rental Trust, 2015. (Wai 2180, #A137).

Other inquiry documents

Field, David Alexander. Brief of evidence. 17 November 1995. (Wai 46, #K18).

Field, David Alexander. Supplementary brief of evidence. 21 December 1995. (Wai 46,

#K18a).

Te Roopu Whakaemi Korero o Ngati Awa. ‘The Tuhoe Tribal Boundary: An Interim Ngati Awa Response’. (Wai 46, #H17).

‘Submissions of Counsel for Upokorehe’. (Wai 46, #F3).

Theses

Phillips, Ken. ‘The Archaeology of the Eastern Bay of Plenty’. MA thesis, University of Auckland, 1996.

Waitangi Tribunal Rangahaua Whanui series

Bennion, Tom. Māori and Rating Law. Waitangi Tribunal Rangahaua Whanui series. Wellington: Waitangi Tribunal, 1997.

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Boast, Richard P. The Foreshore. Waitangi Tribunal Rangahaua Whanui series. Wellington: Waitangi Tribunal, 1996.

Loveridge, Donald M. Maori Land Councils and Maori Land Boards: A Historical Overview, 1900 to 1952. Waitangi Tribunal Rangahaua Whanui series. Wellington: Waitangi Tribunal, 1996.

Marr, Cathy. Public Works Takings of Maori Land, 1840–1981. Waitangi Tribunal Rangahaua Whanui series. Wellington: Waitangi Tribunal, 1997.

Miles, Anita. Te Urewera, Waitangi Tribunal Rangahaua Whanui Series. Wellington: Waitangi Tribunal, 1999.

Waitangi Tribunal reports

Waitangi Tribunal. He Maunga Rongo: Report on North Island Claims, Stage One (Wai 1200). Wellington: Legislation Direct, 2008

Waitangi Tribunal. Ngati Awa Raupatu Report (Wai 46). Wellington: Legislation Direct, 1999.

Waitangi Tribunal. Te Maunga Railways Land Report (Wai 315). Wellington: Brooker’s, 1994.

Waitangi Tribunal. Te Urewera (Wai 894). Lower Hutt: Legislation Direct, 2017.

Waitangi Tribunal. The Wairarapa ki Tararua Report (Wai 863). Wellington: Legislation Direct, 2010.

Waitangi Tribunal. The Whakatōhea Mandate Inquiry Report (Wai 2662). Wellington: Legislation Direct, 2018.

Waitangi Tribunal. Turanga Tangata Turanga Whenua: The Report of the Turanganui a Kiwa Claims (Wai 814). Wellington: Legislation Direct, 2004.

Department of Conservation publications

Bowers, L. C. ‘Conservation Plan: Matekerepu Historic Reserve, Department of Conservation’. Rotorua: Department of Conservation, Bay of Plenty Conservancy, 1993.

Department of Conservation. ‘Conservation Management Strategy, East Coast Conservancy, 1998-2008’. Volume 1 (4 parts) and Volume 2 (5 parts). Wellington: Department of Conservation, 1998.

Department of Conservation. Conservation Management Strategy for the Bay of Plenty Conservancy 1997-2007, 2 vols. Bay of Plenty Conservancy Management Planning Series No. 6, Department of Conservation, Rotorua, December 1997.

Department of Conservation. Taneatua Ecological District: Survey report for the Protected Natural Areas Programme. Rotorua: Department of Conservation, Bay of Plenty Conservancy, 1999.

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Owen, Keith. ‘Marshbird Habitat Of Ohiwa Harbour’. Technical Support Series No. 22. Rotorua: Department of Conservation, 1994.

Local government publications and other documents

A range of publications and other documents produced or commissioned by the following

local government bodies have been identified as being of potential relevance to the North-

Eastern Bay of Plenty District Inquiry:

Bay of Plenty Regional Council

Opotiki District Council

Whakatane District Council

Newspapers

Bay of Plenty Times

Bay Weekend (Whakatane Beacon)

Daily Post

East Coast Guardian

Eastern Bay News

Opotiki News

Poverty Bay Herald

Pu Kaea

Whakatane Beacon

Other published or collated primary sources

Acts of Parliament

Appendices to the Journals of the House of Representatives

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Australian Joint Copying Project153

Maori Land Court minute books

New Zealand Gazette

New Zealand Parliamentary Debates

Raupatu Document Bank

Archives New Zealand, Auckland

Crown Lands, Auckland - Royal Commission on the Maori Courts (BAJZ)

Department of Conservation, Rotorua, (BAHT)

Department of Lands and Survey Gisborne District Office File (BANF)154

Department of Maori Affairs (ACIH)

Forestry Service, Rotorua (BAFK)

Health Dept., Gisborne (BABO)

Land Information New Zealand, Wellington Processing Centre (AFIH)

Land Information, (BAPP) Hamilton Regional Office

Land Information, National Office (ABWN)

Lands and Survey Series (BAAZ)

Maori Affairs Dept, Rotorua Office (BAJJ)

Maori Land Court, Rotorua, Land Alienation Files (BBLA)

Maori School Files, Department of Education, Northern Regional Office (BAAA)

Ministry of Agricultural & Fisheries, Northern Regional Office (BBFE)

153 Includes CMS papers and potentially others of relevance. Currently being digitised by NLA. Some microfilms held by NZ libraries. 154 Also LINZ Gisborne.

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Ministry of Transport Head Office File, Department of Conservation, Bay of Plenty

Conservancy, (BAHT)

Te Puni Kokiri, Rotorua (BBFZ)

Archives New Zealand, Wellington

Army Department (AAYS)

Department of Conservation Head Office File (AANS)

Department of Health Head Office File (AAFB)

Department of Internal Affairs Head Office (AAAC)

Department of Internal Affairs Head Office [record group] (ACGO)

Department of Maori Affairs [record group] (ACIH)

Department of Maori Affairs Head Office File (AAMK)

Justice Department [record group] (ACGS)

Land Information NZ, National Office (ABWN)

Lands and Survey Head office [record group] (ACGT)

Legislative Department (AEBE)

Maori Land Court Minute Books (BAPP)

Maori Trust Office [record group] (AECW)

Marine Department [record group] (ADOE)

Maritime New Zealand, Head Office (ABPL)

Ministry of Health Head Office (ABQU)

Ministry of Works and Development Residual Management Unit, Head Office (AATE)

Ministry of Works and Development Residual Management Unit, Napier District Office

(AAFZ)

Native Land Purchase Department Correspondence Files (AECZ)

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Te Puni Kokiri (ABJZ)

Works Consultancy Services Ltd, Head Office (ABKK)

Works, Ministry of, Town and Country Planning Division (ABOB)

Other institutions and organisations

The following institutions and organisations have been identified as holding archival or manuscript collections that may be of relevance to the North-Eastern Bay of Plenty District Inquiry:

Alexander Turnbull Library, National Library of New Zealand

Bay of Plenty Regional Council

H D London Research Library, Whakatāne Museum and Research Centre

Land Information New Zealand

Opotiki Heritage and Agricultural Museum

Puke Ariki, New Plymouth