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Wai 1750, #6.2.5 Wai 1750, #6.2.5 North-Eastern Bay of Plenty District Inquiry (Wai 1750) Pre-casebook Research Discussion Paper Therese Crocker 20 February 2020 Waitangi Tribunal Unit 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 i 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 ii 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 iii 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 1 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
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