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Rekohu REKOHU AReporton MorioriandNgatiMutungaClaims in the Chatham Islands Wa i 6 4 WaitangiTribunalReport2001 The cover design by Cliff Whiting invokes the signing of the Treaty of Waitangi and the consequent interwoven development of Maori and Pakeha history in New Zealand as it continuously unfoldsinapatternnotyetcompletelyknown AWaitangiTribunalreport isbn 978-1-86956-260-1 © Waitangi Tribunal 2001 Reprinted with corrections 2016 www.waitangi-tribunal.govt.nz Produced by the Waitangi Tribunal Published by Legislation Direct, Wellington, New Zealand Printed by Printlink, Lower Hutt, New Zealand Set in Adobe Minion and Cronos multiple master typefaces e nga mana,e nga reo,e nga karangaranga maha tae noa ki nga Minita o te Karauna. ko tenei te honore,hei tuku atu nga moemoea o ratou i kawea te kaupapa nei. huri noa ki a ratou kua wheturangitia ratou te hunga tautoko i kokiri,i mau ki te kaupapa,mai te timatanga,tae noa ki te puawaitanga o tenei ripoata. ahakoa kaore ano ki a kite ka tangi,ka mihi,ka poroporoakitia ki a ratou. ki era o nga totara o Te-Wao-nui-a-Tane,ki a Te Makarini,ki a Horomona ma ki a koutou kua huri ki tua o te arai haere,haere,haere haere i runga i te aroha,me nga roimata o matou kua mahue nei. e kore koutou e warewaretia. ma te Atua koutou e manaaki,e tiaki ka huri Contents Letter of Transmittal _____________________________________________________xiii 1. Summary 1.1 Background ________________________________________________________1 1.2 Historical Claims ____________________________________________________4 1.3 Contemporary Claims ________________________________________________9 1.4 Preliminary Claims __________________________________________________11 1.5 Rekohu, the Chatham Islands, or Wharekauri? _____________________________12 1.6 Concluding Remarks ________________________________________________13 2. Status 2.1 Introduction ______________________________________________________15 2.2 Background _______________________________________________________15 2.3 Issues ____________________________________________________________17 2.4 Who Are the Moriori? _______________________________________________19 2.5 Are Moriori Entitled to Separate Recognition? _____________________________22 2.6 Are Moriori Tangata Whenua?_________________________________________24 2.7 Are Moriori Treaty Beneficiaries? _______________________________________29 2.8 Is there a Living Moriori Culture? _______________________________________31 2.9 Is there an Honest Purpose? ___________________________________________32 2.10 Can the Tribunal Hear the Land Claim?___________________________________33 3. Invasion 3.1 Introduction ______________________________________________________35 3.2 Lieutenant Broughton and the Chatham _________________________________35 3.3 Whalers and Sealers _________________________________________________36 3.4 Ngati Tama and Ngati Mutunga Invasion _________________________________37 3.5 The Taranaki Connection_____________________________________________38 3.6 The Wellington Connection __________________________________________38 3.7 Captain Harewood and the Maori______________________________________40 3.8 The Invasion ______________________________________________________40 3.9 Who Started the Killing? _____________________________________________42 3.10 On Slavery in General________________________________________________43 3.11 Moriori Enslavement________________________________________________44 3.12 Conclusion _______________________________________________________46 [vii] Contents 4. The Commencement of Crown Responsibilities 4.1 Background_______________________________________________________49 4.2 Issues____________________________________________________________49 4.3 Rights and Responsibilities by Discovery _________________________________50 4.4 Actions Asserting Rights______________________________________________51 4.5 Responsibility for British Subjects ______________________________________52 4.6 The Exclusion of Rekohu _____________________________________________54 4.7 The New Zealand Company and the Annexation of Rekohu __________________57 4.8 Prior Acts and the Treaty of Waitangi Act 1975 ____________________________60 5. Enslavement 5.1 Background _______________________________________________________63 5.2 Issue ____________________________________________________________63 5.3 The Crown Position on Slavery at 1842 ___________________________________63 5.4 What Did the Crown Know about Slavery on Rekohu? ______________________64 5.5 What Did the Crown Do? _____________________________________________71 5.6 The Crown’s Policy on Slavery _________________________________________83 5.7 Arguments _______________________________________________________87 5.8 Conclusions_______________________________________________________88 6. The Rise of the Land Question, 1842–70 6.1 Introduction ______________________________________________________91 6.2 The Presumption of Maori ‘Ownership’ __________________________________91 6.3 The Rise of the Moriori Claim _________________________________________95 6.4 The Rise of the Native Land Court ______________________________________96 6.5 The Bond with Taranaki and the Priority of State Policy______________________99 6.6 Conclusion ______________________________________________________109 7. Native Land Court Determination 7.1 Background ______________________________________________________113 7.2 James Coffee’s Claim ________________________________________________114 7.3 The Constitution of the Court ________________________________________116 7.4 The Court Hearings Generally_________________________________________128 [viii] Contents 8. Custom, the Court, and the ‘1840 Rule’ 8.1 Introduction ______________________________________________________131 8.2 The ‘1840 Rule’ ____________________________________________________131 8.3 Custom and Conquest ______________________________________________138 8.4 Conclusions on Custom _____________________________________________143 8.5 Conclusions on the Court ___________________________________________144 8.6 Conclusions on Custom as Applied to Rekohu ____________________________145 8.7 Constraints on the Judicial Administration of Native Custom ________________146 8.8 The Option of a Maori Panel _________________________________________148 8.9 Conclusion_______________________________________________________150 9. Protest and Dismemberment 9.1 Background ______________________________________________________153 9.2 Obtaining Titles for the Reserves ______________________________________154 9.3 The Crown Grants for the Moriori Reserves ______________________________155 9.4 Successions_______________________________________________________156 9.5 The Moriori Protest Campaign ________________________________________157 9.6 The Outer Islands __________________________________________________161 9.7 Tenure Reform ____________________________________________________163 9.8 The Dying Race? ___________________________________________________167 10. Conclusions on Historical Moriori Claims 10.1 Enslavement______________________________________________________169 10.2 Land Rights _______________________________________________________171 10.3 Tenure Reform ____________________________________________________176 10.4 Recommendation _________________________________________________177 10.5 Endnote _________________________________________________________177 11. Tenure Reform and Ngati Mutunga 11.1 Introduction _____________________________________________________179 11.2 An Act of the Crown? _______________________________________________181 11.3 Contrary to the Principles of the Treaty of Waitangi________________________184 11.4 Prejudicial to Claimants _____________________________________________187 11.5 The Extent of Prejudice______________________________________________197 11.6 Specific Claim: The Hospital Block______________________________________213 [ix] Contents 12. Crown Administration 12.1 What Are the Claims? _______________________________________________219 12.2 Government and Maori Administration ________________________________220 12.3 Housing, Health, and Education _______________________________________230 12.4 Land ____________________________________________________________235 12.5 Fishing __________________________________________________________239 12.6 The Seas_________________________________________________________243 13. Heritage Control 13.1 Background ______________________________________________________253 13.2 Issue 1: With Whom Should the Crown Build Relationships? __________________255 13.3 Issue 2: Cultural Sites _______________________________________________262 13.4 Issue 3: Cultural Harvest _____________________________________________263 13.5 Issue 4: Environment Management Generally _____________________________274 13.6 Issue 5: Te Whaanga ________________________________________________274 13.7 Issue 6: Conservation Tenure _________________________________________282 14. Conclusions 14.1 Moriori _________________________________________________________285 14.2 Ngati Mutunga ___________________________________________________286 14.3 Moriori and Ngati Mutunga__________________________________________287 14.4 In Summary ______________________________________________________289 Record of Inquiry Record of Hearings ____________________________________________________293 Record of Proceedings__________________________________________________297 Record of Documents __________________________________________________310
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