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22 August 2012 - Brief of Evidence of Raniera Bassett

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22 August 2012 - Brief of Evidence of Raniera Bassett Powered By Docstoc
					IN THE WAITANGI TRIBUNAL                     WAI 45
                                             Wai 2000

IN THE MATTER          the Treaty of Waitangi Act 1975

AND

IN THE MATTER          the Muriwhenua Inquiry District

AND

IN THE MATTER OF       An application for remedies on
                       behalf of Te Rūnanga-ā-Iwi o Ngāti
                       Kahu

AND

IN THE MATTER OF       An application by Ngati Tara for an
                       Order of the Waitangi Tribunal pursuant
                       to Section 8A(2)(a)(ii) of the Treaty of
                       Waitangi Act 1975




                 BRIEF OF EVIDENCE OF
                   RANIERA BASSETT

                   Dated 22 August 2012




              55 East Tamaki Rd, Papatoetoe
      PO Box 259-280, Botany, Manukau, 2163, Auckland
                      P. 09 252 0194
                      F. 09 279 2118

 Counsel Acting: Darrell Naden & Brooke Loader & Wi Pere
                           Mita
MAY IT PLEASE THE TRIBUNAL

Introduction

                         Pepeha

                   Mamaru te waka
                   Parata te tangata
                Kahutiatianui te whaea
              Tirepa Wahine te maunga
                  Tokarau te moana
            Te Moho me Parapara nga awa
          Te Manawa o Ngati Tara te wharenui
                  Parapara te marae
                  Takapuna te urupa
                  Ngati Tara te hapu
                   Ngati Kahu te iwi

                         Mihimihi


1.      I am Raniera Gregory Bassett. My mother is Parekura
        Bassett (nee Harrison), now deceased, and my father is
        Terence Bassett, also deceased. I was born in 1958 in
        Parapara. I was born on the land because when I arrived,
        my mother was milking cows at the time.

2.      I was named after Raniera (Dan) Taha, my grandmother’s
        cousin. It was tika for the next child that was born into our
        whanau to be named after someone who had just recently
        passed away. As I was the next pēpe to be born after
        Uncle Dan Taha died, I now carry his name.

3.      Following my birth, my mother and father remained in the
        area for a little while and they then decided to move to
        Auckland for better work opportunities. For the very early
        years of my life, I was raised by my grandmother. My
        grandfather passed away not long after I was born.

4.      My mother’s father is named Taka Keha Harihona (or
        Harrison). Taka Keha was the 5th child of 6 siblings. My
        grandfather’s siblings are Wiremu, Rata, Piri, Ngara and
        Mihi.

5.      My mother’s mother is named Rehutai Manemane
        Maheno (nee Kiriwi). Her mother’s name was Ani Kiriwi of
                                                                   2
         Parapara and her mather’s name was Manemane
         Maheno from Te Paatu. Rehuatai Kiriwi Maheno also had
         a son before she married Taka Keha and his name was
         Michael Dicky (Uncle Tex) who was raised by the Tukariri
         whanau of Kenana.




Rehutai Manemane Maheno                        Taka Keha Harihona
        (nee Kiriwi)                              (or Harrison).

6.       My mother’s parents had 8 children and I set that
         whakapapa out below:

Taka Keha Harihona                              Rehutai Manemane Maheno
         (Harrison)               =             (nee Kiriwi)




Tiriti   Hemi   Taka   Parekura       John   Solomon    Alamein   Rawinia
                        (Gaye)
7.       My grandfather’s parents were Tupu Taka Keha Harihona
         and Hira Wi Whangape Wiremu (nee Subritzky).




 Tupu Taka Keha Harihona                     Hira Wi Whangape Wiremu
                                                   (nee Subritzky)


                                                                     3
8.    My grandmother Rehutai would make me sit at her feet in
      the marae to listen to the korero of the day. I hated it at
      the time because all the other kids were outside playing
      but now I understand why she did that.

9.    Rehutai also urged me to learn the ways of the Pakeha.
      So I went to school in South Auckland until I was 15. After
      leaving school, I worked at Carter Merchants and then at
      Marley Tiles. During that time, I sat the exams to join the
      Royal NZ Navy. I passed and entered the navy in 1974.
      Rehutai was very pleased when she heard that I was in
      the navy. I did 20 years military service and saw the world
      at the same time. I rose to the rank of Chief Petty Officer
      and was expert in seamanship and in the use of
      weaponry, ranging from 4.5 inch guns to all small arms. I
      left the navy in 1994 and entered St John’s Theological
      College in Meadowbank to study for a Bachelor of
      Theology. I took courses in biblical studies, philosophy,
      pastoral theology, systematic theology and history and
      completed my degree in theology in 1997.

10.   I was then appointed an assistant priest to Te Takiwa o
      Manukau Parish. At the same time I was appointed as the
      priest in Charge of Selwyn Church in the Diocese of
      Auckland where I took office from 1998 to 2001. On
      completion of 3 years of Parish work, I was appointed Te
      Kaihautu of the Tapapa o Te Taitokerau (Dean of the
      Theological Training School, Te Taitokerau).

11.   I was baptised in St Matthews, Parapara. I was confirmed
      in St Matthews and I was priested in St Matthews. I am
      one of a long line of clergymen from Parapara that
      includes the Reverend Timoti Kiriwi born in 1867. He was
      the son of Reihana Kiriwi and studied at Te Rau
      Kahikatea Theological College in Gisborne. In 1925, the
      Venerable Hori Raiti was made Arch Deacon of Aotearoa
      in the Diocese of Waikato. He was the first Maori to be so
      appointed. The Reverend Jim Harrison, the father of lead
      claimant Chappy Harrison, was made a deacon of the
      Church by Archbishop Paul Reeves and Bishop Manu
      Bennett in 1981. We also remember the Reverend Waha
      Tauhara.



                                                               4
12.     Others who have gone before include Kai Karakia (lay
        readers) Reihana Kiriwi, Waaka Rutene, Koro Kiriwi, Heta
        Kiriwi, Kaipara Piripi, Henare Piripi, Perene Epiha Kiriwi
        and Rewi Maniapoto Pikaahu. Those with strong ties to
        Parapara and who serve the Church today include Te
        Kitohi Pikaahu, the Bishop of Te Taitokerau, the Reverend
        Pereniki Tauhara, the Canon Reverend Lloyd Popata of
        Toatoa and the Reverend Eru Raiti. I hold my Ministry and
        its’ clergy in the highest regard.

13.     I became a priest so I could be of service to my whanau,
        hapu and iwi and to be part what has become a proud
        Ngati Tara tradition. I am now a Minita-a-Iwi, where I fulfil
        my obligations to God as a priest of the people. In
        particular, I serve as Chaplain to army veterans from
        Malaya, Vietnam and the Royal NZ Navy.

14.     At this point in time, I am also a public servant in the
        Ministry for Primary Industries. In this role and I am a
        senior advisor in the realm of food safety, in both the
        regulatory and non-regulatory sectors.

Representative Capacity

15.     I stand before the Tribunal as the kaikorero and
        representative of Ngati Tara. I have been given this role
        for a number of reasons. Firstly, I am a direct descendant
        of Te Morenui, who was later baptised Reihana Kiriwi.
        Attached and marked ‘X’ is my whakapapa from Reihana
        Kiriwi, and I will speak more about him later.

16.     I represent Ngati Tara because I am the matamua or
        eldest born of Parekura and Terence Bassett. In
        accordance with our Ngati Tara tikanga, this gives me
        certain speaking rights. Furthermore, I was asked by the
        lead claimants Chappy Harrison and Robert Gabel to
        represent Ngati Tara at this hearing.

17.     At a recent publicly notified Ngati Tara hui-a-hapu held in
        Auckland on 25 July 2012, I was endorsed as the hapu’s
        kaikorero for this application. Attached and marked ‘A’ is a
        certified copy of the newspaper panui for that hui-a-hapu.
        I received further endorsement at a subsequent hui-a-
        hapu held in Auckland on Tuesday 14 August 2012.

                                                                   5
18.   I was recently confirmed as the representative of
      Parapara marae at the regular monthly meeting held by
      the marae committee on Thursday 9 August 2012.
      Attached and marked ‘B’ is a copy of the minutes of the
      Parapara Marae Committee monthly hui dated Thursday 9
      August 2012.The lead claimant, Chappy Harrison, is the
      Chairperson of the Parapara Marae Committee.

19.   I am aware that Te Runanga-a-Iwi o Ngati Kahu (“TRINK”)
      relies on marae committees for its mandate to settle Ngati
      Kahu’s historical Treaty claims. For instance, TRINK
      maintains representation of all Ngati Kahu hapu by
      providing for all Ngati Kahu marae to appoint two
      representatives at their Annual General Meeting to
      represent the hapu and marae on the TRINK Board.
      When TRINK’s mandate was approved, a key factor was
      the provision of letters of support from most of the Ngati
      Kahu marae.

20.   I refer to the brief of evidence of Chappy Harrison of Ngati
      Tara. It shows that Ngati Tara have gathered 271
      registrations in support of Ngati Tara’s application to the
      Waitangi Tribunal

21.   I say that the signed registration forms also allow me to
      stand before the Waitangi Tribunal in a representative
      capacity for my hapu.

22.   If we had adequate amounts of time and funding, we
      would have gathered many more registration forms in
      support. Registering people is not as easy as it sounds.
      One difficulty we faced was the short amount of time we
      had. Although our hapu are tight-knit, it has been
      impractical to gather registration forms from a majority of
      our hapu due to the time constraints. We asked to be a
      part of the remedies hearing in March of this year, and
      then after this time we drafted the registration form to be
      approved by the marae committee at the next monthly hui.
      When this was decided upon, we then began the task of
      collecting registration forms. we did not have the
      resources

23.   Another difficulty we faced was contacting hapu members
      because they are spread all around the country and many
      are in Australia. We would have to convene many more
                                                                6
      hui-a-hapu and put one or two people on the job full-time
      to get the message across but those things cost money. I
      am aware that when the Office of Treaty Settlements
      grants funding to Maori groups for the purpose of
      gathering a mandate, the sum of $50000.00 is usually
      made available.

Whakapapa

24.   When I was growing up, my grandmother Rehutai got me
      to learn the whakapapa for my whanau, hapu and iwi. As
      time went on, I became more and more steeped in our
      traditions and history. The learning never stopped. As an
      adult I spent many hours on Parapara marae talking into
      the night with my Uncle Jim Harrison about our
      whakapapa and history. This continued right up until he
      passed away.

25.   Our waka-based whakapapa goes back many
      generations. I have given evidence of our waka to
      demonstrate the length of time that Ngati Tara has lived in
      the region. We remain in the very area that was first
      inhabited by the original ancestors, such as Te Parata,
      Kahutianui, Kahukura, Moehuri and others.

26.   All 3 waka provide anchors for the Ngati Tara whakapapa.
      It is not possible to include one without the others. The
      prominence of 3 waka in our whakapapa shows how
      central our rohe was to the migration of those from
      Hawaiki and it also shows that we are infused with
      different and extraordinary bloodlines.

27.   Our descent from the tupuna of the Mamaru waka is as
      follows:

            MAMARU TE WAKA

       Ko Te Parata = Kahutianui
                   |
               Mamangi
                   |
              Tukanikani
                   |
               Haputea
                   |
                                                               7
              Kaititaimarangai
                       |
               Hungahunga
                       |
      Kohuru = Tirepa (Waipapa Waka)
                       |
                     Kare
                       |
                    Pahua
                       |
                  Pororoa
                       |
                  Karawhiu
                       |
                    Tirepa
                       |
                Te Kuhunga
                       |
                     Waitonga --------------Parata Taha--Te Puia
                           |                               |
        Te Morenui Reihana Kiriwi             Henare Parata Taha
                         |
                  Mawene
                       |
                     Ana
                       |
      Te Rehutai = Taka Keha Harihona
                       |
                  Parekura

28.    According to our traditions, the Mamaru landed at Ikatiritiri
       near Taipa. But long before it did, Kupe, his wife Kura-
       maro-tini and members of their crew made landfall at
       Taipa in their waka Matawhourua. It was late in the day
       when they paddled past Karikari and headed towards the
       southern end of Tokarau beach. Kupe looked for an area
       that would provide a safe landing. He spied some water
       that the setting sun had turned a golden colour and so he
       decided to land nearby. He named the place Waitohu.

29.    Due to the bountiful supply of fish and shellfish. Kupe and
       his people stayed here for some time. They planted
       gardens which they named Ngatiti and built whare for
                                                                  8
      themselves. Skids were used to beach Matawhourua.
      Following this, they were planted on a nearby headland
      where some still grow today. They are named Tawapou
      and carry a strong tapu. After a while, it was decided that
      Kura-maro-tini and some of the others would stay behind
      while Kupe continued his voyage of exploration. Some
      say that when he returned to Waitohu, he left
      Matawhourua here and travelled overland via the Paranui
      valley to Mangamuka. There he prepared for the return to
      Hawaiki.

30.   Tumoana sailed from Hawaiki to Aotearoa on the Tinana.
      He landed at Tauroa where he lived for quite some time
      with his family. Eventually, Tumoana sailed the Tinana
      home leaving his daughter Kahutianui behind in Aotearoa.
      He prophesised that the canoe would return and that its
      captain would be a blood relative. Once back in Hawaiiki,
      the waka was re-adzed and then renamed Mamaru.
      Tumoana’s nephew Te Parata was named the new
      captain and he soon set sail for Aotearoa.

31.   When Kahutianui heard that the Mamaru had made
      landfall, she rushed to greet the new arrivals. She met Te
      Parata, fell in love and married him. They had one child. A
      beautiful daughter named Mamangi. It is from these
      people that Ngati Tara of Parapara and surrounding areas
      are descended.

32.   Tanguru, the tohunga on the Mamaru, built their first pa
      and named it Otanguru. Whilst there was a plentiful
      supply of kaimoana, the Mamaru people found that the
      land was not very fertile and so they went inland a short
      distance and made large gardens at Parapara and
      elsewhere nearby.

33.   According to our pakeke, Mamangi and her people also
      lived on Te Paraua adjacent to Otanguru and both
      Kahutianui and Mamangi died here and were buried
      nearby at Otengi. It was at Otengi that the Mamaru people
      had one of their wananga and it was on Kohataputapu
      that many sacred ceremonies were performed.

34.   Our descent from the tupuna from Waipapa waka is as
      follows:

                                                               9
                       WAIPAPA TE WAKA



                      Ko Kahukura te tangata




Hine te   Houmeaiti       Manaia (f) =   Taitehe     Moenga
 Wai                       Tamaeke



                        Tirawhakawhiu



                            Tirepa



                         Tarawauatea



                             Kare



                            Pahua



                           Karawhiu



                            Tirepa



                          Te Kuhunga     = Kaparoa



                           Waitonga




                                                          10
             Te Morenui       = Hana Wakahotu
            Reihana Kiriwi      (Te Rarawa)



               Mawene         = Hinepou



                              = Manemane
              Ana Kiriwi        Maheno
                                (Te Paatu)


                              = Taka Keha Harihona
             Te Rehutai
                                 (Te Rarawa, Ngati Kahu)


              Parekura        = Terry Bassett


35.   An important ancestor of ours is Kahukura, the tohunga
      on the Waipapa. There are many korero about Kahukura.
      Some say the tupuna is a man and others say a woman.
      We believe that Kahukura is a man because although
      Kahukura was involved with the turehu and net making,
      some tasks associated with net making remained the
      domain of men, such as attaching the floats and hanging
      the nets. Also, it is unheard of for a woman to be the
      tohunga of an ocean going waka.

36.   Our korero is that the Waipapa first landed at Waipapa on
      the Karikari Peninsula. At a later stage, the waka was
      hoe’d across Doubtless Bay and paddled up the
      Kohumaru River. The crew went past our whanau at
      Kenana and buried Waipapa further up that river.

37.   Our descent from the tupuna from Ruakaramea waka is
      as follows:

           RUAKARAMEA TE WAKA



            Ko Moehuri te Tangata


                                                            11
       Tukiata



   Papawi = Wairere



Karetua = Rongomaitapu



 Kakaitawhiti = Unoho



 Koropeke = Mihirangi



    Ihenga = Tatua



    Tiamai = Te Ika



       Te Hape



     Wairuakore



       Himiona



      Waikaukau



 Manemae = Ana Kiriwi




                         12
               Te Rehutai = Taka Keha Harihona



                 Parekura = Terry Bassett



      38.     The Ruakaramea was captained by Moehuri and his son
              Tukiata. It was landed at Mangonui, having been led into
              the harbour by a large shark-like taniwha. Our
              Ruakaramea ancestors established a pa overlooking
              Mangonui named Rangikapiti. The Ruakaramea now lies
              at the foot of Rangikapiti Pa where it has turned to stone
              and is visible at low tide.

      Other Whakapapa

      39.     For the sake of completeness, it is important for me to
              acknowledge my other whakapapa. Rehutai’s mother was
              Ani Kiriwi from Parapara and her father was Manemane
              Maheno of Te Paatu.

      40.     I am Te Whanau Moana and Te Rorohuri through our
              tupuna Wharewhare and his marriage to Te Whanau
              Kura. This korero was passed on to me by McCully Matiu
              outside Haitetaimarangai marae one day. He showed me
              the whakapapa and there were a few others there
              listening as well.

      41.     My Whanau Moana whakapapa is as follows:




42.    My grandfather Taka Keha was the son of Tupu Taka Keha
       Harihona, of Pukepoto, and so I am Te Rarawa through them.

      43.     I whakapapa to many other iwi and hapu but that is
              enough for now.


                                                                     13
A Brief History of Ngati Tara

44.     According to the korero I was given, the name of our hapu
        is derived from Taratara maunga, which sits behind
        Parapara marae. The maunga is a waahi tapu and it was
        a pa site as well. The maunga is named after a tupuna of
        ours.

45.     There are other korero on the origins of our hapu name
        and I acknowledge those. For instance, some say that we
        are named after the tupuna Tarawautea, the great-great
        grandchild of Kahukura.

46.     People sometimes ask if we are the same as Ngati
        Taranga of Te Paatu but we have a different whakapapa
        from theirs. As far as I know, Taranga has Te Rarawa
        origins.

47.     According to the korero I was given, there are 7 whanau
        that make up Ngati Tara. In no particular order, they are
        the Rutene, Piripi, Taha, Kiriwi, Raiti, Pikaahu and
        Harihona whanau.

48.     The principal Ngati Tara marae is Parapara. The name of
        the whare tupuna is Te Manawa o Ngati Tara. In previous
        days, it was called Tirepa Wahine.

49.     Our urupa is Takapuna. It was given this name because it
        sits amidst a lot of water. The Parapara River and Te
        Moho Streams run close by. About 2 feet down in the
        ground, you strike clay and so the water sits on the clay
        and does not sink down or go away. Standing next to our
        urupa is the original St Matthews Church to the Glory of
        God, dedicated by the Reverend Joseph Matthews on the
        13th of October 1880.

50.     Our hapu boundary is set out below. It is not meant to be
        exclusive of other hapu. We acknowledge that our
        interests within this boundary vary in intensity and degree
        so that, in the end, we are talking about spheres of
        influence as opposed to hard and fast boundary lines.
        One thing I will say is that our mana whenua and mana
        moana meant that the resources of the sea, the rivers and
        the bush were always at our disposal:


                                                                14
From Maungataniwha to the Oruru River and then
down to Taipa, west along the coastline heading to
Okokori, up the Karikari Peninsula past Te Pikinga
to Waimango, then west along the coastline past
Puheke Maunga to the area known traditionally as
Rangiputa, then south along the Karikari Peninsula
to Toanga, then to Pararake (or Pararaki) Maunga
to return to Maungataniwha.




                                               15
            Te Mania

           51.        Te Mania is Ngati Tara’s eponymous ancestor. Her father
                      was Kahukura. It is said that in her day, she shared the
                      land with her sister Hine Te Wai and her brother Taitehe.



                                Kahukura




Hine te   Houmeaiti          Manaia (f) =      Taitehe                 Moenga
 Wai                          Tamaeke



           Kauri

           52.        Kauri is another significant ancestor. He was responsible
                      for building key Ngati Tara defensive pa. One was built to
                      the east of Parapara and named after his grandson,
                      Tirepa. He also built Te Ahuponga to the west of
                      Parapara.

           Tamatea Pokai Whenua

           53.        Tamatea Pokai Whenua was the son of Muriwhena and
                      Rongokako. He is admired for being a courageous warrior
                      and industrious. He and his wife Iwipupu were living at
                      Hauturu near present day Kaitaia having left their original
                      pa at Te Hapua to their son Kahungunu.

           54.        Tamatea wished to follow in his father’s footsteps and
                      explore this great land. To this end, he and his warriors
                      journeyed to a well known hill in Ngati Tara territory near
                      Parapara. This area and an adjoining ridge were famous
                      for the kauri grown there; kauri much tougher and buoyant
                      than those in other areas and which made the best waka.
                      A suitable tree having been chosen and felled it was
                      hauled and floated to Taurangawakawaka near Kaitaia
                      and prepared for seasoning.

           55.        At this time Iwipupu died and in his grief, Tamatea
                      journeyed back to the hill near Parapara where he sat and

                                                                              16
         looked back at the past. He grieved for the one who had
         been his partner in his many adventures. She had born
         him wonderful children and had chosen Hinetapu as wife
         for his favourite son Kahungunu. His grief for Iwipupu was
         almost unbearable and he expressed his sorrow by
         playing on his koauau.

56.      This event gave rise to the name of the hill in Ngati Tara’s
         rohe that Tamatea sat upon in grief, Taumatapukapuka.
         But it is mostly remembered for giving rise to the longest
         word in the Maori language:

                Te-Taumata-Pukapuka-Okiokinga-
                Whakatangihanga-Koauau-o       Tamatea-Pokai-
                Whenua-ki-Tana-Tahu

                The hill where Tamatea rested and played his flute
                in memory of his dearly departed

57.      Taumatapukapuka is that high hill to the south of
         Parapara and the valley from this hill is known as Turoto,
         which is the southern access to Parapara itself. Further
         north in this valley is Te Moho and it was from here that
         the old track went across Repapirau, over Paraheke and
         down to Taipa.

Kakati

58.      Another ancestor was Kakati. He and his elder brothers
         Wheeru and Ikanui were high-born chiefs of Te Aupouri.
         The elder brothers don’t really come into our history but
         their youngest brother is very much a part of us.

59.      He was notorious for his goings on with the womenfolk.
         He had what the Maori people called mate wahine and he
         had it bad. Instead of staying up north with his brothers,
         he ended up at Parapara which was well known for its
         beautiful women. When the menfolk of Parapara went
         fishing or visiting distant tribes and relations, Kakati would
         sing certain songs and play special tunes with his flute to
         attract our women. The menfolk soon noticed that their
         womenfolk became pregnant even when their husbands
         were away and their suspicion fell on Kakati.

60.      He was eventually caught in the act and manhandled by
         the angry men. They warned him that if he offended again
                                                                    17
        he would lose his jewellery. Unfortunately for him, Kakati
        was not a good listener. He offended again and was
        caught. This time there was no mistaking the intentions of
        the Parapara menfolk. While they were sharpening their
        pipi shells, Kakati escaped and headed through the trees
        for safety. However he was caught and castrated near a
        small creek at the foot of Parerake pa. Kakati recovered
        and went to live near the North Cape with Wheeru his
        brother. It is said that he never offended again but to this
        day, many Ngati Tara families trace descent from Kakati.

Te Morenui – Reihana Kiriwi

61.     Originally named Te Morenui, our tupuna was then
        renamed Reihana Kiriwi, or Richard Greaves, when he
        was baptised by the Reverend Joseph Matthews. He was
        named Richard Greaves after Joseph Matthews’ brother-
        in-law, a bishop at the time in England. Our korero is that
        Reihana was taken to England as a young man where he
        was taught how to read and write in English.

62.     Our tupuna had 5 wives so there are many in Ngati Tara
        who claim descent from him. All 5 marriages were
        consecrated by Reverend Matthews.

63.     Reihana Kiriwi’s wives were Patea, Hana Wakahotu,
        Urukohia, Mereana and Mere Moko. I am the result of the
        marriage to his second wife, Hana Wakahotu. A brief
        account of my whakapapa from Reihana Kiriwi Morenui is
        as follows:

            Reihana Kiriwi Morenui
                       |
                Hana Wakahotu
                       |
                   Mawene
                       |
                     Ana
                       |
                  Rehutai (f)
                       |
                 Parekura (f)
                       |
                   Raniera

                                                                 18
                    64.        Reihana Kiriwi led a varied and busy life. He was a
                               rangatira for his people, a father and husband, a teacher,
                               a magistrate, a Native Land Court Assessor and a
                               translator.

                    65.        On one occasion in 1864, he and a group of his relations
                               were led by the Reverend Matthews to the Waikato to
                               bestow peace and goodwill on the people there.

                    66.        Reihana had a deep interest in education and we believe
                               that he was involved with the early establishment of the
                               Parapara Native School. Reihana was to die at the age of
                               60 years on 5 April 1876. Writing in his diary about him
                               that year, the Reverend Joseph Matthews expressed
                               deep regard for Reihana. He remarked about his
                               intelligence. Matthews ended up committing £10 per
                               annum for the education of Reihana’s children. This led to
                               Reihana’s eldest son becoming a teacher and it kick-
                               started our hapu’s interest in and overall success with
                               education.

                    67.        Dame Evelyn Stokes records that in 1872, Reihana Kiriwi
                               was the lead signatory to the sale of the Parakerake
                               block, which sits adjacent and to the east of the Puheke
                               block.1

                    68.        Reihana Kiriwi was an owner in the Waiake land block
                               which was formerly known as the “Reihana or Upper
                               Aurere” block.2

                    69.        The Waiake block was purchased by the Crown on 30
                               August 1859, as per Turton’s Deed No. 5. Reihana Kiriwi
                               appears as a signatory to that Turton’s Deed along with
                               Wiremu Pikaahu and four others. This means that Ngati
                               Tara held interests in this land block. Attached and
                               marked ‘C’ is the Turton’s Deed relating to the Waiake
                               transaction.




1
  Stokes E, “A Review of the Evidence in the Muriwhenua Lands Claim” VOL II, Waitangi Tribunal
Review Series, pp 561
2
  Stokes E, “A Review of the Evidence in the Muriwhenua Lands Claim” VOL II, Waitangi Tribunal
Review Series, pp 555
                                                                                                 19
                  70.        Although no area of land was specified in the Turton’s
                             Deed, later research identified that the Waiake block
                             contained 6950 acres and was purchased for £2203.

                  71.        In 1897 Reverend Joseph Matthews, Reihana Kiriwi and
                             certain other Maori appeared before the Native Land
                             Court and Commissioner Bell in relation to the Raramata
                             block.4 The land in question had previously come before
                             Commissioner Godfrey where it was settled that the
                             surveyed 2967 acres of land north of the Aurere or
                             Raramata river was reserved and remains land for the
                             natives. There were clear inferences that this land was the
                             Raramata block.

                  72.        The purpose for the reservation of the land at Raramata
                             was so that Maori could have sufficient land for their
                             canoes, nets and other purposes. This land extended to
                             Te Pikinga.5

                  73.        Despite Matthews giving his sworn statement that the
                             entire Raramata block was reserved, Bell declined to
                             accede to this arrangement and agreed to reserve 340
                             acres at Raramata. This block was later identified as
                             being Okokori, a smaller block then the Raramata block.
                             Bell gave no reason for his conclusion.6

                  74.        These events show that Reihana Kiriwi and other Ngati
                             Tara held interests in both the Raramata and Okokori
                             blocks.

                  Ngati Tara Mana Whenua in Puheke

                  75.        I turn now to address Ngati Tara’s mana whenua on the
                             Karekare Peninsula, with a particular focus on the Puheke
                             land block, much of which now comprises Rangiputa
                             Station.

                  76.        Our customary rights and interests in this land stem from
                             the time of the ancestress Te Mania, some 15 generations


3
  Ibid.
4
  Muriwhenua Land Report 1997, pp 232
5
  Muriwhenua Land Report 1997, pp 234
6
  Ibid.
                                                                                     20
                              ago. Many of our customary rights and interests are
                              maintained to this day.

                     77.      The Landcorp farm known as Rangiputa is the subject of
                              the Ngati Tara application currently before the Waitangi
                              Tribunal. Rangiputa sits on what was formerly the land
                              known as Puheke. In 1859, Puheke was sold by a number
                              of rangatira to the Crown for £300. When it was sold, the
                              area of the block was represented by the Crown to be
                              6000 acres. When the block was eventually surveyed, it
                              was found to be 16000 acres in size. The land block
                              should not have been sold without a survey being carried
                              out. The Crown’s failure to carry a survey out was
                              considered by the Muriwhenua Tribunal to constitute a
                              well-founded breach of the Treaty of Waitangi. The
                              amount of consideration paid also constituted a Treaty
                              breach by the Crown.7

                     Ngati Tara Role in the Sale of Puheke

                     78.      The role that our Ngati Tara tupuna played in the sale of
                              Puheke to the Crown is evidence of our mana whenua in
                              the land.

                     79.      Our tupuna Reihana Kiriwi was not a signatory to the
                              Turton deed for Puheke but he did play a role in the
                              transaction. We understand that he translated the English
                              version of the Turton deed into the Maori language and
                              we also understand that he arranged for the Maori
                              signatories to execute the sale.

                     80.      One of the signatories to the Puheke Turton’s Deed was
                              Wiremu Te Waha. He was a Ngati Tara chief. His full
                              name is Wiremu Paratene Te Waha, with connections to
                              the Piripi whanau and the Broughtons. He was born in
                              1842 and he died in 1901. He is buried at Mangatakuere,
                              Kareponia. A cousin of the Reverend Hare Peka Taua, he
                              was married in 1881 to Te Ao Marama Popata.

                     81.      Another Ngati Tara signatory to the Puheke Turton’s Deed
                              was “Hetariki” or Heta Te Hinaki.




7
    Muriwhenua Land Report pp 402
                                                                                     21
Customary fishing interests

82.      Ngati Tara’s mana moana supports our mana whenua in
         the Puheke block. A major resource for Ngati Tara down
         through the ages has been Tokarau Beach. It is that long
         stretch of beach that runs in a steady curve up the right
         hand side of the Karekare Peninsula, heading north
         through Te Pikinga.




83.      Some people call the beach “Tokerau” and it also looks
         like that is its official name. For the record, the very name
         of the beach connotes its importance as a food source,
         where, for us, the reference to “toka” is to a fishing ground
         (and not to a rock or rocks). So the name of the beach is
         “Tokarau” and it is a reference to the hundred or many
         fishing grounds. In essence, the name of the beach is a
         reference to how plentiful the kaimoana is in our rohe and
         this, in turn, is a reference to how fortunate we are to be
         from Parapara, Aurere, Taipa and Te Pikinga.

84.      When I was growing up, we regarded the entire stretch of
         Tokarau beach as “ours” because we are mana whenua.
         This is not to say that no other hapu or whanau could not
         go fishing or harvesting there, but just to say that that was
         how we regarded it. We were on the beach so much that
         we saw no reason why we could not access all and any
         part of it for gathering shellfish, for fishing or for
         swimming. We hardly ever saw any other hapu on
         Tokarau Beach and certainly not on our stretch.


                                                                   22
85.   I vividly remember my Uncle Jim Harrison taking me to
      the northern most point of Tokarau beach to access a
      tuatua bed there. I returned recently to find the tuatua still
      living there. I remember countless times on Tokarau
      gathering kaimoana with my mother, father, my brothers
      and sisters, cousins and aunts and uncles, Rehutai, Taka
      Keha and with many others of our hapu.

86.   When I am in need of some space and time out from the
      hustle and bustle of the world, it is to Te Pikinga on
      Tokarau Beach that I like to go. I will camp there on my
      own for one or two days or more to get right away.
      Something about the area is inviting and comforting to
      me.

87.   I am aware that Ngati Tara lived at Te Pikinga on a
      regular, seasonal basis. When certain fish were fat, Ngati
      Tara would move to coastal areas such as Te Pikinga to
      fish for terakihi, mullet, snapper and kahawai. Our kawa
      was that you could only fish for certain fish at certain
      times of the year. There were grave consequences for
      anyone who fished out of season. We knew the kinas
      were fat when the pohutukawa trees bloomed. Shark
      fishing expeditions were seasonal and large expeditions
      would gather on the Puheke block at the mouth of the
      Rangaunu Harbour. Ngati Tara would be there in force
      along with many other hapu from around the area.

88.   When I was growing up and a big storm would sweep in
      across Doubtless Bay, we would see if the storm was
      accompanied by a certain tide and off shore wind that
      would blow against the tide. If all these factors were
      present, we knew you could then walk along the beach
      and pick up kaimoana such as scallops, kutai, pipi and
      tuatua. When I was in the Navy I would tell the others
      about how easy it was to get kaimoana at home and they
      would all think I was spinning a yarn.

89.   All along Tokarau there are different tuatua beds. There
      are tuatua beds at Cable Bay and at Taipa as well. But we
      won’t be saying exactly where they are because everyone
      will go there after this hearing. At Otengi, that whole place
      is full of kina and pipi. There was a wheke at Te Pikinga


                                                                 23
                              and there are tuatua right down to Aurere; 3 or 4 different
                              beds that I know of.

                   90.        In his time, my Uncle Jim Harrison used to hand out the
                              permits for collecting kaimoana for tangi, hui, birthdays
                              and weddings. He would give permits for people to collect
                              kaimoana all around the Karekare Peninsula and as far as
                              I knew, no-one ever questioned his authority to do so.
                              Since Uncle Jim died, my younger brother John Bassett
                              does it now for Ngati Tara and he does the same kind of
                              thing. No-one has ever questioned his authority either.

                   91.        Our kaumatua used to say that all the coastal hapu had
                              their own toka. This was Jim Harrison, Haehae Greaves,
                              Hati Reweti and them. They would say that Kouranui at
                              Te Pikinga was ours. The other hapu used to have to
                              come and ask us if they wanted to get kaimoana off that
                              toka. If they did not ask, there was trouble. If other hapu
                              wanted to fish and gather kaimoana off that toka, it was
                              deemed common courtesy to ask for permission to do so.
                              The art of whanaungatanga was exercised to its fullest
                              most of the time. However if they did not ask, it was
                              considered a slight upon the mana of the coastal hapu
                              which usually led to some sort of trouble.

                   92.        Some archaeologists came along Tokarau Beach one day
                              and did some digging around. They found a whole lot of
                              large middens. I have attached some information about
                              the middens to my brief of evidence marked ‘D’8. In my
                              opinion, the number of middens along the beach and the
                              size of them shows that the area has long been the
                              source of kaimoana for the people of the land there - us.
                              Some of the middens are within the area of Tokarau
                              Beach that we have utilised for generations and so it
                              seems reasonable to say that those particular middens
                              also express our relationship with Puheke.

                   Coca-cola Lake

                   93.        Not far inland from Te Pikinga is a small lake we call
                              Coca-cola Lake. It has this name because of its unique
                              colour. The gum in the water gives the lake its auburn,

8
 Simon Best, Archealogical Survey of the Rangiputa Block, Karikari Peninsula, Conducted by Land
Corp, 1995, pp 24-26
                                                                                                  24
        dark brown colouring. When I was growing up, we spent
        hours and hours in the lake. People would come from
        miles around to swim there because of its healing powers.
        I consider the lake to be a waahi tapu because people
        with skin problems like eczema can go there, swim in the
        lake and get healed.

Gum Digging – living at Lake Ohia

94.     I know that some of our Ngati Tara people used to live at
        Lake Ohia. There was an entire settlement there during
        the gum digging days. It was at Werowero, which is down
        the first road on your left if you have just turned off State
        Highway 10 to head up the peninsula road. I have seen
        photos of the town. There was a shop, a post office and
        small, one room huts with dirt floors. There is no remnant
        of the town any longer. The Werowero people were a part
        of Ngati Tara. I am not sure that Werowero is a hapu but I
        do think there was a marae named Werowero and it was
        situated at Lake Ohia. I have also been shown where the
        Werowero marae urupa was. It is on the side of a hill
        towards Rangaunu Harbour, just above Lake Ohia. A
        grove of trees is growing there now.

95.     The Dalmatians ran the gumfields and the shop that was
        there. We called them the “Tararas” because it sounded
        like a machine gun when they spoke.

96.     My grandparents dug gum out of the Puheke block and
        from what I was told, they would dig wherever they felt like
        digging. When it started off, our old people were getting
        good prices for gum. My Uncle Jim Harrison said that
        when they were kids, they all used to go to Lake Ohia to
        dig for gum for pocket money. They would all spread out
        and try to cover a certain area in systematic fashion. It
        was hard and sometimes dangerous work. We think that a
        huge stand of kauri got bowled by a tsunami thousands of
        years ago because all the trees had been knocked over
        and were lying on their sides.

Waahi Tapu

97.     There are many waahi tapu on the Puheke block but I am
        just going to discuss several that I am aware of. The first
        is Otamawhakaruru. This is a burial ground that is very
                                                                  25
       large for its purpose. It is a surveyed area of 20 acres.
       Our korero is that a large battle took place where the
       urupa sits today and that those who fell during that battle
       are buried there. The fighting is said to have occurred
       during the early 19th century, sometime during the 1820s.

98.    We are told that when Puheke was sold, they tried to
       exclude the urupa from the sale. This did not happen and
       so Kirihini Te Moerenga took a petition to Parliament to
       have the area surveyed and reserved. This happened in
       1882 and the survey got the go ahead in 1885.

99.    I am aware of some koiwi being found near Lake
       Waiporohita. Our korero is that my Uncle Jim Harrison,
       Kawi Tomars and some other kaumatua took the koiwi
       back to Takapuna urupa and buried them there. We think
       it’s significant that our kaumatua and clergy had the ability
       to lift koiwi from this area of the peninsula. Other korero
       about this event may differ from others but this is what we
       were told.

100.   We are aware of a “lake within a lake” that has koiwi
       buried in its banks. The lake is just south of the southern
       boundary of the Puheke block. Although the lake is not
       situated on Puheke, its close proximity to it and our
       exclusive knowledge of that waahi tapu enhances our
       relationship with the Puheke block.




                                                                 26
                    Ngati Tara and the Northern Karakare Peninsula Blocks

                    101.       We are aware that some of our Ngati Tara tupuna
                               received land interests in some of the northern peninsula
                               land blocks. One of our ancestors was Heta Te Hinaki,
                               otherwise known as Hetariki. He was granted ownership
                               rights by the Native Land Court in Parakerake, which is
                               adjacent to and to the east of Puheke.

                    102.       The Parakerake block of 3054 acres was investigated by
                               the Native Land Court on 29 July 1868.9 Judge White,
                               who was also Resident Magistrate, ordered an
                               unrestricted Crown grant. The Court did not grant land
                               along hapu lines.

                    103.       On 10 December 1872, the whole block was sold to Denis
                               Browne Cochrane by Reihana Kiriwi and others for
                               £229.10 Reihana’s role in the sale of the block and Heta
                               Te Hinaki’s inclusion on the ownership list expresses
                               Ngati Tara’s mana whenua on the Karekare Peninsula,
                               north of the Puheke block.

                    104.       Along with our tupuna Te Rutene or Rutene to Waa, Heta
                               Te Hinaki was also awarded interests in Taumatawiwi by
                               the Native Land Court.11 It was the last land block to be
                               investigated by the Native Land Court and it was awarded
                               to Ngati Kahu.

                    The Rangiputa Protest

                    105.       Ngati Tara have been concerned with the social and
                               economic disparity that has stemmed from our lack of
                               control of our hapu rohe. In 2007, we were made aware
                               that a part of Rangiputa Station was to be put on the
                               market for sale. John Bassett of Ngati Tara protested
                               against this action by staging an occupation of Rangiputa
                               Station along with other prominent Ngati Kahu kaumatua
                               and kuia, including Atihana Johns, Taaki Matthews,
                               Tipene Herewini, Timoti Flavell and Pereniki Tauhara. A
                               hui was held during the occupation on Rangiputa and


9
  Northland Minute Book No. 1(29 July 1868)
10
   Stokes E, “A Review of the Evidence in the Muriwhenua Lands Claim” VOL II, Waitangi Tribunal
Review Series, Page 555
11
   Northland Minute Book No. 1 (10 March 1877), pp 180
                                                                                                  27
                               minutes are attached to show what was going on
                               (attached and marked as ‘E’).

                    106.       The participants moved onto the land on the 14th of
                               February 2007 and on the 7th of March 2007, they held a
                               whanau hui on the land. Attached and marked ‘F’ is a
                               copy of the minutes from that hui. During the occupation,
                               supporters of the take came and protested alongside the
                               original occupiers. At the hui, John Bassett moved a
                               motion that “the negotiators for Rangiputa Station
                               Puwheke Block (Deed No. 7) be led by Sir Graham
                               Latimer, Pereniki Tuahara, Atihana Johns, Alan Heteraka
                               and Richard Lawrence”. But for the protest and the
                               occupation, it is likely that this section of Rangiputa
                               Station would have had their Section 27B Memorial
                               removed, and be sold to private purchasers and therefore
                               be ineligible as settlement property redress.

                    Relationship with Other Hapu/Iwi

                    107.       Ngati Tara is surrounded by other hapu. We have very
                               close ties with Te Paatu and share much in the way of
                               land, history and whakapapa. We acknowledge Te
                               Paatu’s traditional interest in Puheke.

                    108.       Ngati Tara has close whakapapa ties with Patukoraha, Te
                               Whanau Moana and with Te Rorohuri. We acknowledge
                               their traditional interests in the Puheke block.

                    TRINK recognition of Ngati Tara mana whenua in Puheke

                    109.       In the Ngati Kahu Deed of Partial Settlement, TRINK has
                               recorded that Ngati Tara have settlement interests in
                               Rangiputa Station and other resumable properties within
                               the Ngati Tara rohe.12 TRINK also announces that the
                               resumable properties referred to should be “vested” in
                               Ngati Tara.13

                    110.       We note too that Professor Mutu records Ngati Tara’s
                               interest in Rangiputa in the publication Te Whanau
                               Moana.14


12
   Draft Ngati Kahu Deed of Partial Settlement: Towards the Extinguishment of all Crown claims to
Ngati Kahu lands, Wai 45, #2.359(c), pp. 481-482
13
   Ibid, p.458
14
   Te Whanau Moana, (2003), McCully Matiu and Margaret Mutu, Appendix 5.
                                                                                                    28
                   111.       In the Ngati Kahu Deed of Partial Settlement, TRINK
                              announces that the following properties should be vested
                              in Ngati Tara:

                              a.      Puketutu Island, Okokori, Aurere and Parapara
                                      farms, Lake Ohia and surrounding reserve land;15
                                      and

                              b.      Ngati Tara lands at Raramata, Parapara and Te
                                      Mata.16

                   112.       The following properties are identified by TRINK as being
                              lands in which Ngati Tara has a shared interest with other
                              Ngati Kahu hapu:

                              a.      Ngati Tara, Pikaahu, Matakariri and Matahurahu
                                      lands in the substantial Oruru Valley transaction
                                      also included Kohumaru;17

                              b.      Otengi-Waimutu, Hikurangi block, Toatoa block,
                                      Opouturi block;18 and

                              c.      Patiki,  Taumatapukapuka,           Whakapapa         and
                                      Taheke.19

                   113.       In the Ngati Kahu Deed of Partial Settlement, TRINK has
                              listed the Ngati Kahu lands that the Crown should
                              relinquish to Ngati Kahu, acknowledging that “this
                              settlement is not about a fair distribution to the hapu”.20
                              The lands that have been acknowledged as those that
                              should be vested in Ngati Tara are as follows:21




15
   Draft Ngati Kahu Deed of Partial Settlement: Towards the Extinguishment of all Crown claims to
Ngati Kahu lands, Wai 45, #2.359(c), p 208.
16
   Ibid,p 237.
17
   Ibid, p 212.
18
   Ibid, pp 235.
19
   Ibid, p 246.
20
   Ibid, p. 459
21
   Ngati Tara Deed of Partial Settlement (Wai 45, #2.359(c)) pp 481-482
                                                                                              29
Land            Approximate   Map & Photo         Land Status
Relinquished    Area (ha)     reference (if
by Crown                      available)

Tokerau Beach   378                               Fee Simple
                                                  Administered by
                                                  Statutory Board

Rangaunu        99.24                             Fee Simple
                                                  Administered by
                                                  Statutory Board

Lake Ohia       495                               Fee Simple
                                                  Administered by
                                                  Statutory Board

Taumata         .099                              Fee Simple
                                                  Administered by
                                                  Statutory Board

Lake Ohia       31.2                              Fee Simple
                                                  Administered by
                                                  Statutory Board

Te Putaraukai   25.8                              Fee Simple
Channel                                           Administered by
                                                  Statutory Board


Pukewhau        29.3                              Fee Simple
Channel                                           Administered by
                                                  Statutory Board



Parapara        2.2                               Fee Simple
Stream                                            Administered by
                                                  Statutory Board

Rangiputa       3700.1542     Part Lots 1, 2      Fee Simple
Station                       and 15 and Lots
                              3, 4, 5, 6, 7, 8,
                              9, 10, 11, 12
                              and 13 DP
                              172526, Lot 1
                              DP 148401, Lot
                              1 DP 355293
                              and Sections

                                                                    30
                                     12, 13 and 18
                                     SO 316785

Off Tohanga      2.0461              Section 11        Fee Simple
Road, Lake                           Block II
Ohia
                                     Rangaunu
                                     Survey District

Off Tohanga      3.3386              Section 16        Fee Simple
Road, Lake                           Block VIII
Ohia
                                     Rangaunu
                                     Survey District

Parapara Road,   .5702               CL SO 28509       Fee Simple
Rangaunu                             Block IX

                                     Rangaunu SD
                                     adj Lots 1 & 2
                                     DP 192174



Inland Road,     1.3341              Closed Road       Fee Simple
Tokerau Beach                        SO 41655 Block
                                     V Rangaunu SD


Lake Ohia                                              Maori
                                                       Reservation
                                                       Administered by
                                                       Statutory Board



              The History of Ngati Tara’s Opposition to Te Runanga-a-Iwi o
              Ngati Kahu’s Mandate

              114.       Although Ngati Tara supported Te Runanga-a-Iwi o Ngati
                         Kahu’s (TRINK) administration of our fisheries settlement
                         in the past, we have not granted TRINK the Ngati Tara
                         mandate to negotiate the settlement of our historical
                         Treaty claims.

              115.       The recent filing of the Wai 1886 and Wai 2000 Treaty
                         claims by Robert Gabel and Chappy Harrison, each
                         respectively on behalf of Ngati Tara, is indicative of our
                         desire to chart our own Treaty claims and historical Treaty
                         claims settlement course.
                                                                                 31
116.   Our decision to express te tino rangatiratanga of Ngati
       Tara in this way is not a recent one. There is a history of
       opposition by us to TRINK’s purported representation of
       Ngati Tara. There is a history of frustration with TRINK’s
       management of the historical Treaty claims settlement
       process as a whole. We have been alienated from the
       settlement process. This frustration and alienation has
       culminated in this application for the lands known as
       Rangiputa Station and other resumable properties within
       the Ngati Tara boundary.

117.   Furthermore, we question whether TRINK has maintained
       its mandate to represent Ngati Tara. I am aware that their
       mandate was approved by the government in 2002 but
       with certain conditions attached. As far as we can tell,
       some or all of these conditions have not been met and so
       their mandate is flawed.

118.   If there is a settlement of Ngati Tara historical Treaty
       claims, we should be the ones who manage that
       settlement because we are best equipped and better
       inclined to look after our settlement interests. There is a
       divide between us and TRINK that taints TRINK’s ability to
       properly cater for our settlement and post-settlement
       needs. This is a significant concern for us.

Mandate Support Inadequate

119.   The following evidence is a brief rendering of many of the
       issues with TRINK’s purported mandate to settle Ngati
       Tara’s Treaty claims.

120.   During the 1990s, 2 separate entities were vying for the
       right to settle Ngati Kahu’s commercial fishing claims.
       They were the Ngati Kahu Trust Board and Te Runanga-
       a-Iwi o Ngati Kahu. Four hui-a-iwi were held in 1996 to
       decide which entity would hold the mandate. Of the 4 hui-
       a-iwi, only 1 of them can be said to have produced a clear
       result and even then, events subsequent to that result
       cast doubt on its validity as it pertains to Ngati Tara.

121.   We note that TRINK relies for its mandate on the series of
       hui-a-iwi held during 1996 but only one of the hui-a-iwi
       produced a result. This represents an inadequate process
       and when combined with the other issues TRINK’s
                                                               32
                               mandating process gave rise to, Parapara’s decision not
                               to support TRINK becomes automatic.

                    The First Hui

                    122.       The first publically notified hui-a-iwi was held on 18 May
                               1996 at Te Paatu Marae. It was attended by
                               representatives      from     Te      Paatu    (Pamapuria),
                               Haititaimarangai (Te Whanau Moana me Te Rorohuri),
                               Tirepa Wahine (Ngati Tara, Parapara), Mangataiore, Te
                               Mataara (Ngai Tohianga), Oturu, Kareponia, Kenana and
                               by those affiliated with various other Ngati Kahu marae.22

                    123.       The purpose of the hui was to determine whether TRINK
                               or the Ngati Kahu Trust Board (NKTB) should be the
                               mandated entity. The motion was not voted on as there
                               was a disagreement as to the degree of representation of
                               each marae at the meeting and disagreement as to the
                               rightful entity to hold the mandate. 23

                    124.       It is important to note that at the hui, Haehae Greaves of
                               Ngati Tara stated that TRINK does not legally exist
                               because it hadn’t had an AGM and was only a working
                               party”.24

                    125.       It is clear that this hui did not support TRINK in becoming
                               the mandated entity to represent Ngati Kahu. 25

                    The Second Hui

                    126.       The second publically notified hui-a-iwi was held on 20
                               July 1996 at Oruru Marae. It was attended by
                               representatives    from     Haititaimarangai,   Kenana,
                               Kareponia, Parapara, Te Kauhanga, Oturu, Te Paatu,
                               Mangataiore, Waitetoki and Te Ahua marae, among
                               others present. 26

                    127.       Much like the first hui, there was so much disagreement
                               that the resolution was not put to the floor. Also there




22
   Notes from Ngati Kahu Hui-a-Iwi held on 18 May 1996
23
   Ibid.
24
   Ibid.
25
   Ibid.
26
   Minutes from Ngati Kahu Hui-a-Iwi held on 20 July 1996
                                                                                       33
                              were insufficient numbers in attendance by the end of the
                              meeting to stage a vote.27

                   128.       On behalf of Ngati Tara, Haehae Greaves stated that a
                              working party of two from NKTB and two from TRINK
                              should get together to work something out and that every
                              attempt must be taken to unite the people as one.28

                   The Third Hui

                   129.       The third publically notified hui-a-iwi was held on 7
                              September 1996 at Te Kauhanga Marae. It was attended
                              by representatives from Haititaimarangai, Kenana,
                              Mangataiore, Oturu, Te Paatu, Parapara, Kareponia and
                              Te Kauhanga.29

                   130.       During the hui, a petition was lodged on behalf of
                              Parapara, Haititaimarangai and Taipa in support of the
                              Ngati Kahu Trust Board.30 It was recorded that Parapara
                              Marae was represented by Boy Yates, Tina-Lee Yates
                              and Emily Yates.

                   131.       The official agenda posed the following question: 31

                                     Which Ngati Kahu body is to officially hold the
                                     mandate to represent the whanau, hapu and marae
                                     of Ngati Kahu?

                   132.       During the course of the hui, Makari Matiu stated that only
                              4 hapu have the rights to Rangiputa Station, they being
                              Te Rorohuri, Ngati Tara, Patukoraha and Whanau Moana.
                              He stated that through the Runanga we must discuss
                              what needs to be done and that this land must go back to
                              the hapu. As the lead claimant, he assured those at the
                              hui that he would look into the land claim further, even if it
                              meant that Ngati Kahu would have to go back to the
                              Tribunal. He stated that he would like to see the Ngati
                              Kahu Trust Board leave it to the hapu.




27
   Ibid.
28
   Ibid.
29
   Minutes fromNgati Kahu Hui-a-Iwi held on 7 September 1996
30
   Ibid.
31
   Ibid.
                                                                                         34
                      133.       At the same hui, Boy Yates suggested that the Ngati Kahu
                                 Trust Board should work together with TRINK, but this
                                 was not implemented.

                      134.       A vote was not taken at this hui as the attendees were
                                 confused about how voting on the resolution should take
                                 place. No unified support was shown for TRINK at this
                                 hui.

                      The Fourth Hui

                      135.       The fourth publically notified hui-a-iwi was held on 3
                                 November 1996 at Parapara marae. It was attended by
                                 representatives from Haititaimarangai, Te Maatara- Oturu,
                                 Kareponia, Kenana, Taipa, Te Ahua, Tirepa Wahine (or
                                 Parapara Marae), Te Paatu and Mangataiore marae.32

                      136.       The agenda for this hui consisted of discussion of the
                                 following resolution:

                                        Which body is to hold the mandate for Ngati Kahu
                                        in respect of the fisheries and land claims?

                      137.       At the hui, the voting was carried out by way of a secret
                                 ballot in which participants could either vote for the NKTB
                                 or TRINK. It was claimed that there were 61 votes in
                                 favour of TRINK, and 4 votes in favour of the NKTB.

                      138.       It should not go unnoticed that 3 of the 4 the hui-a-iwi
                                 were confused and indecisive affairs. They should not be
                                 cited as being supportive of any TRINK mandate.
                                 Moreover, I understand that in 1996, there were
                                 approximately 7000 Ngati Kahu people. The vote by 61
                                 hui-goers in favour of TRINK represents just 0.87% of the
                                 iwi’s population and this can hardly be said to be a
                                 mandate. Not as far as my understanding of mandate
                                 goes anyway.

                      Letters of Support for Fisheries Mandate Improperly Used

                      139.       Ngati Tara has grave concerns with some of TRINK’s
                                 conduct and with the Crown for allowing it. As a result of
                                 concerns with TRINK’s conduct, we cannot support them



32
     Attendees List from Hui-a-Iwi o Ngati Kahu held on 23 November 1996 dated 19 February 2002
                                                                                                  35
       and we do not believe that our settlement interests are
       best served by the Runanga.

140.   For instance, TRINK cites letters of support written in
       1997 from 13 Ngati Kahu marae as evidence that all Ngati
       Kahu hapu have mandated TRINK to settle both their
       historical Treaty claims and commercial fishing claims
       (“the marae letters”). These letters are included as
       Appendix B of the Ngati Kahu Deed of Mandate dated
       November 2011. A copy of the letters are attached and
       marked ‘G’.

141.   However, the marae letters do not affirm support for
       TRINK’s mandate to settle historical Treaty claims. They
       only affirm support for TRINK’s mandate to continue with
       all arrangements and negotiations regarding fishing
       interests.

142.   The marae letters were received from the following
       marae:

       a)    Aputerewa marae;

       b)    Haititaimarangai marae;

       c)    Kareponia marae;

       d)    Kenana marae;

       e)    Mangataiore marae;

       f)    Parapara marae;

       g)    Mataara marae;

       h)    Te Paatu marae;

       i)    Takahue marae;

       j)    Te Ahua marae;

       k)    Waiaua marae; and

       l)    Werowero marae

       Parapara Marae Did Not Write A Letter of Support for
       TRINK


                                                             36
143.    In the Ngati Kahu Deed of Mandate dated November
        2001, it was stated that TRINK had conducted meetings
        with 8 individual marae during 2001 and that 11 marae
        had written letters of support for TRINK. Attached and
        marked ‘H’ is a copy of the updated provisions in the
        TRINK Deed of Mandate document provided to the Office
        of Treaty Settlements. Parapara was not one of the 11
        marae that wrote a letter of support. Appendix “I” to the
        Ngati Kahu Deed of Mandate includes copies of the 11
        letters of support and there is no such letter from
        Parapara Marae.

Parapara Supports a New Governance Entity

144.    At the Ngati Kahu Trust Board hui held at Te Kauhanga
        Marae on 8 December 2001, the following resolution was
        proposed by Pereniki Tauhara, moved by Pereniki
        Tauhara and seconded by Donna Tobin:

        Resolved that we move          towards    forming   a   new
        governance body.

145.    A clear majority of attendees were in favour of the
        resolution and so the motion was carried. The Reverend
        Jim Harrison of Ngati Tara was in attendance and he
        opened and closed the hui with karakia. He stated that
        “Parapara marae are in support of the formation of a new
        governance body .” A copy of the minutes of the Te
        Kauhanga Marae hui are attached and marked ‘J’.

146.    In a letter dated 22 January 2002, the then Secretary of
        Parapara Marae, Victor Holloway, wrote to Kay Harrison
        of the Office of Treaty Settlements on the Parapara Marae
        letterhead (“the Parapara letter”). Mr Holloway refers to an
        earlier email he had forwarded to Ms Harrison “concerning
        our objections to the mandate being given to the Te
        Runanga a-Iwi-O Ngati Kahu”. On behalf of Parapara
        Marae, Mr Holloway then states that “If the Executive of
        the two entities can’t or won’t work together, then they
        TRONK and NKTB, should be disbanded; and new entity
        set in place and everyone take their chance at election
        time”. A copy of the Parapara letter is attached and
        marked ‘K’. I understand that the Parapara letter was a
        submission in opposition to the Ngati Kahu Deed of
        Mandate.
                                                                 37
147.     A Hui-a-Iwi o Ngati Kahu was held at Te Paatu Marae on
         16 February 2002. It was attended by many people,
         including Victor Holloway on behalf of Parapara Marae.
         The following motion was put to the hui:

         That there is to be no new Ngati Kahu governance body

148.     Parapara Marae voted against the motion. A copy of the
         minutes of the Hui-a-Iwi o Ngati Kahu held 16 February
         2002 are attached and marked ‘L’.

149.     In a letter from TRINK to the Office of Treaty Settlements
         dated 10 October 2002, the meeting minutes of a Ngati
         Kahu Trust Board meeting held 13 July 2002 are
         attached. The minutes record a statement by the
         Reverend Jim Harrison that “Parapara is outside of the
         Runanga”. A copy of the TRINK letter dated 10 October
         2002 and the accompanying NKTB minutes are attached
         and marked ‘M’.

Exclusive Process for Appointment of Negotiators

150.     By way of correspondence dated 18 April 2002, the
         government provided formal recognition of Ngati Kahu’s
         deed of mandate. A copy of the letter dated 18 April 2002
         is attached and marked ‘N’. One of the conditions
         attached to the TRINK mandate was that they were to
         “develop and agree on an inclusive process for the
         appointment and removal of negotiators”.

151.     We have looked through TRINK’s constitution Te
         Kaupapa o Te Runanga-a-Iwi o Ngati Kahu and we find
         no process for appointing or removing negotiators. This is
         a clear breach of their mandate conditions. Furthermore,
         we are aware that TRINK has stated that the appointment
         of negotiators is a closed shop affair. Another breach.

152.     A copy of minutes for the monthly TRINK hui held 30
         September 2000 are attached and marked ‘O’ (“the
         TRINK minutes”). Two carried motions are included in the
         TRINK minutes. The first records the appointment of
         “mandated representatives for Ngati Kahu’s historical
         Treaty claims settlement and the second carried motion
         states as follows:


                                                                 38
       MOTION 11: That the existing representatives to remain
       until the claims are finished.

153.   Our relationship with TRINK has not improved. In fact it
       could be said that it has deteriorated. I received an email
       from Lloyd Popata this year which I have attached and
       marked ‘P’. In the email, the lawyer for TRINK Mr Te Kani
       Williams refers to Ngati Tara as “eggs”. This is completely
       inappropriate and highly unprofessional. Such conduct on
       TRINK’s behalf destroys any prospect of them properly
       representing Ngati Tara’s Treaty claim settlement
       interests and it spurs us on with our application to the
       Tribunal.

Conclusion

154.   The Maori text of the Treaty of Waitangi, te Tiriti o
       Waitangi, affirms te tino rangatiratanga of the hapu of
       Aotearoa. The Waitangi Tribunal is charged with the task
       of ensuring that that affirmation of te tino rangatiratanga is
       upheld. Here the Waitangi Tribunal has an opportunity to
       enable Ngati Tara’s te tino rangatiratanga in a fashion that
       is appropriate to the circumstances.

155.   If we are denied an interest in Rangiputa, it will be as if
       the land has been unfairly wrested from us again. If the
       Tribunal should consider that the Runanga will cater for
       our interests in Rangiputa and our overall settlement
       interests, with respect the Tribunal would be mistaken.
       Our issues with TRINK are long and deeply held. Ngati
       Tara are best placed to steer the course ahead for Ngati
       Tara.

156.   Our evidence is that Ngati Tara had mana whenua in
       Puheke. Other senior representatives from neighbouring
       and relevant hapu have acknowledged this. The Runanga
       has acknowledged our interest in Rangiputa in some of
       their documentation.

157.   We already have good support from Ngati Tara for this
       application. With time and an adequate amount of
       funding, we can grow that support. Significantly, the
       Parapara marae committee has put its hand up and
       expressed clear support for the application. All settling
       entities throughout the motu rely heavily on marae-based
                                                                  39
       support for their respective mandates. The unreserved
       support Parapara Marae gives us should be accorded the
       same kind of settlement regard by both the Tribunal and
       the Crown.

158.   We acknowledge the potential settlement interests of
       other hapu in Rangiputa and this application is not meant
       to prejudice those such interests. We would encourage
       them to join us with the application and indeed we have
       made efforts in this respect.

RANIERA GREGORY BASSETT




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