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Ort::, CIA L ort::, CIA L 'f"' I I r I r AREPORf' r T<f).:[IIE , , , ,:' ",',',:" WAITANGfTRIBIJNAL ON .. BEHALF·OF 1EWHANAU~14~1E-EBITFm . ::,~',', "1·':'9' 95····· "',,", .,,'.'::,: :', ' "!"i":: ..•.... ii"::": ! : 2 AREPORf 10 1HE WAITANGI 1RIBUNAL ON CLAIlVI LODGED BY lIOPIRA P{)PATA PHARFS ON BEHALF OF 1E WHANAU-A-1E-EmmJ (WAI-225) 1. JN1RODUCIION 1.1 The purpose of this report is to highlight some of the major areas of concern relating to the claim (Wai-225) lodged by Tiopira Popata Phares on behalf of the Te Wb1nau­ a-Te-Ehutu people ofTe Kaha (appendix 1). The Wai-225 claim ofTe Whanau-a-Te­ Ehutu is a much broader claim which includes Crown purchases, fisheries, public works, roading and wahi tapu. This report focuses only on the Whakaari aspect of the claim. It is not intended that the report go into too much detail at this stage due to the further research work required to substantiate some of the concerns of the claimants. In essence this is a preliminary research report to highlight some of the issues which the claimants of Wai-225 will present in a more comprehensive detail and form before the Tribunal at a later stage. 2. 1E "WHANAU-A-1E-EHUTu ME 1E TIRIll 0 WAITANGI 2.1 History records a signing of the Treaty of Waitangi taking place at Te Kaha on 14 June 1840 and the signatories being the following 1: 1 Buick, Lindsay T., In Search of Signatures in The Treaty of Waitangi, Wellington, New Zealand, S & W Mackay, 1914, p.21O. L_' 3 Haupururangi (Aopurangi) Haomarama Hahiwaru Wharau 2.2 Tribal traditions and genealogies place the signatories as part of the Te Wb1nau-a­ Tamatama-a-rangi section of Te Whanau-a-Te-Ehutu. Accordingly, tribal history records the correct names of these tipuna as being: Te Aopururangi Te Ao Marama Te Ahiwaru Te Wharau 2.3 The following whakapapa demonstrates their relationship: 'IEEHUfU l I I Te Rangiapuangana Marumaru I I Tamatama-a-rangi I I I Te Rangikawanoa I I I r I I I Te Ngahue Tinana-o-rongo Te Wharengaio Toki I I I I Te Wharau Te Aopunmmgi TeAhiwam Te Wharewai (alias Tamatama-a-rangi IT) I Te Ao l\'furnma 2.4 Evidence that is intended to be produced will show how the descendants of these L_ tipuna and Te Whanau-a-Te-Ehutu generally, have protested at the alienation of Whakaari without the consent of Te Whanau-a-Te-Ehutu. L; 3. KO WAIA 'IE WHANAU-A-TE-EHuru? 1 ' L 3.1 It is necessary at this stage to briefly outline the identity of this group of claimants. Te Whanau-a-Te-Ehutu derive their origins from the eponymous ancestor Te Ehutu. 4 Te Ehutu himself was descended from the bloodlines of the Horout~ Mataa~ Nukutere, Takitimu, Tauira and Te Arawa canoes. The attached whakapapa (appendix 2) demonstrates his descent. Te Whanau-a-Te-Ehutu has also been known as Ngiti Te Ehutu 2. Te Ehutu married two women, namely, Rukahika and Te Ngaohe, both being daughters of Te Harawaka of Hawai. Their issue are set out in the attached whakapapa It is from the children of Te Ehutu and himself that Te Whanau-a-Te­ Ehutu derives. Over time some of the children of Te Ehutu and their descendants migrated away from Te Kaha either at their own volution or due to internal tribal struggles, to other areas including Ohiw~ Tflranga, Te Teko, Whakatane and as far away as Tauranga. 3.2 Te Whanau-a-Te-Ehutu also derive their origins from much older groups which no longer exist as tribal entities today. These include Te Willnau-a-Hinehou, Te Whanau-a-Tl1kaki, Ngariki, and Ngati Muriwai. Ngati Muriwai are said to have come from Tamaki-makau-rau but derive their origins from the Mataatua waka. According to the late lliipata Roihan~ a learned elder and repository of the traditions of Te Whanau-a-Te-Ehutu, Whakaari features in the coming of these people and he narrates the following account: "Tautuhiorongo decided to ask Ngati Muriwai to avenge the death (of PararakO. They belonged to Tamaki near A uckland and Tautuhiorongo was a member of that /urpU ..... Te Rauoteake was the man who went for Ngati Muriwai. They came back with him. Tamawera was their chief They landed first at White 'Island and then at Maraetai and they were then taken to the Wharekura pa311 2 Best, E., Te Ngahuru in Nga Tangata Taumata Rau 1769 - 1869, Allen & Unwin 3 Rapata Roihana in the Investigation of Title to the Te Kaha Block, 31 August 1910, Te Kaha Minute Book 11293-4, Maori Land Court, Waiariki District, Department of Justice, Rotorua. 5 3.3 Historically, Te Whanau-a-Te-Ehutu has had a reputation for their prowess in warfare both at home and abroad. At this point it is useful to refer to the narrative ofPeta Wairua concerning the siege of Toka-a-Kuku pa at Te Kaha which pre-dates the signing of the Treaty at Te Kaha (appendix 3). Whakaari then was a vital outpost for the people of this area. As Wairua notes the people of Te Kaha during the siege "replenished their provisions during the night and by canoes which went to Torere via White Island 4". A similar account is given in the following 5: "To maintain the supplies of food necessary to feed the garrison, the Apcmui people would paddle their ccmoes to Torere via White Islcmd at night returning before daylight laden with the precious provisions. " 3.4 Te Whanau-a-Te-Ehutu is also described in the followingpepeha 6: Te Whanau-cr Te-Ehutu - Mai i Kopiritotoro ki Waiorore Ko Te Kaha tona marae Ko Takaki te Whare whakairo Ko Tamahae te tekoteko kei runga Ko Te Rcmgiwhakapnnea te wharekai Ko Karipori te wharetapere Ko Mataruia te puna wai Ko Te Kaka te urupa Ko Kakanui te maunga 4 Wairua, Peta., The Siege ofToka-a-Kuku Pa, in Te Ao Hou No.25, December 1958, Volume 6 No.4, pp.17-18. 5 The Siege ofToka-a-KukuPa, in Te Whanau-a-Apanui High School Centennial Book 1875 - 1975, Te Rau Press, Gisborne, p.24. 6 Richards, Ruhiterangi; Te Reo Paheke: The Underdevelopment of Te Reo lvilori in Te Whiinau-a-Te-Bhutu, A Thesis for the Degree of Master of Education in Maori ! c , c Education, University of Auckland, 1991, p.2l. 6 3.5 The above pepeha expresses the land boundaries and significant landmarks of Te Whanau-a-Te-Ehutu. The seaward boundaries of Te Whanau-a-Te-:EllUtu are expressed as being those areas in which mana was and still is (in some respects) asserted over mahinga kai and tauranga ika up to and including Whakaari. 4. 1E 1lJKU KI A 1E \VEIANAU-A-TE-EHuru E NGAlI A WA 4.1 Captain Gilbert Mair was a key Crown agent in the Bay of Plenty area. He recorded information imparted to him by leading kaumatua during his time. One such story relates to the gifting ofWhakaari to Te Whanau-a-Te-Ehutu as related in the following narrative (appendix 4) 7: ''He (Purahokino) secretly sought the Whanau-a-te-Ehutu tribe, living at Te Kahil, to avenge his son's death,· whereupon they suddenly attacked Puketapu pa and slew Te Rangitahia For this service they were rewarded by Purahokino bestowing upon them famous Whakaari (White Island). " 4.2 That gift was acknowledged by Te Rangirukehu, aleading chief of Ngati Awa during the investigation of the title to Whakaari where he stated thafl: ''1 belong to the N gatiawa tribe. The island belongs to Retireti. Apanui and Toihau obtained the island from their ancestors. It was given in payment for murdering a man whose name was' Whakapakina " 7 Mair, Captain Gilbert., A Trap For A Lover, Chapter 10 in Reminiscences and Maori Stories, Brett Printing and Publishing Company, Auckland, 1923, p. 60. 8 Te Rangitukehu, Investigation of Title to Whakaari, Maketii Minute Book 1/3, 15 October 1867, Maori Land Court, Waiariki District, Department of Justice., Rotorua. 7 4.3 The gift was acknowledged in terms of how the ancestors of Apanui and Toihau, namely, Te Whanau-a-Te-Ehutu, obtained Whakaari. From that point Te Willnau-a­ Te-Ehutu has maintained that they have ownership rights over Whakaari. This is consistent also with the position stated by the kaumtdua made in the letter to Judge Fenton at the time which statecfi: ''Ko te motu mo matou ano i runga i te ki a 0 matou matua kia kahn tonu ki to koutou motu i muri nei heoi whaka wananga e matou taua ki a 0 matou matua heoi whaka eke tonu matou ki runga i taua motu ki te mahi i nga rawa 0 taua motu ia tau ia tau a tae noa mai ki tenei wa " 4.4 The assertions made in that letter were repeated during the oral interviews with kaumtdua earlier this year. There was a clear theme that arose out oftheko1t?lV being that they saw no need for obtaining permits because when they went out to Whakaari they did so on the basis that they had the mana to do so. A wide range of sources have been consulted to ascertain the correct names of the kaumtdua whose names were signed to the bottom of the letter. Corrections have been made to the names in the order that they appear in the letter (appendix 5). 4.5 The question arises as to whether or not Apanui and Toihau had the mandate to alienate the interests ofTe Whanau-a-Te-Ehutu in Whakaari.
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