Waikato-Tainui on Behalf Of
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A/HRC/18/35/Add.4 General Assembly
United Nations A/HRC/18/35/Add.4 General Assembly Distr.: General 31 May 2011 Original: English Human Rights Council Eighteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya Addendum The situation of Maori people in New Zealand∗ Summary In the present report, which has been updated since the advance unedited version was made public on 17 February 2011, the Special Rapporteur on the rights of indigenous peoples examines the situation of Maori people in New Zealand on the basis of information received during his visit to the country from 18-23 July 2010 and independent research. The visit was carried out in follow-up to the 2005 visit of the previous Special Rapporteur, Rodolfo Stavenhagen. The principal focus of the report is an examination of the process for settling historical and contemporary claims based on the Treaty of Waitangi, although other key issues are also addressed. Especially in recent years, New Zealand has made significant strides to advance the rights of Maori people and to address concerns raised by the former Special Rapporteur. These include New Zealand’s expression of support for the United Nations Declaration on the Rights of Indigenous Peoples, its steps to repeal and reform the 2004 Foreshore and Seabed Act, and its efforts to carry out a constitutional review process with respect to issues related to Maori people. Further efforts to advance Maori rights should be consolidated and strengthened, and the Special Rapporteur will continue to monitor developments in this regard. -
Mauri Monitoring Framework. Pilot Study on the Papanui Stream
Te Hā o Te Wai Māreparepa “The Breath of the Rippling Waters” Mauri Monitoring Framework Pilot Study on the Papanui Stream Report Prepared for the Hawke’s Bay Regional Council Research Team Members Brian Gregory Dr Benita Wakefield Garth Harmsworth Marge Hape HBRC Report No. SD 15-03 Joanne Heperi HBRC Plan No. 4729 2 March 2015 (i) Ngā Mihi Toi tü te Marae a Tane, toi tü te Marae a Tangaroa, toi tü te iwi If you preserve the integrity of the land (the realm of Tane), and the sea (the realm of Tangaroa), you will preserve the people as well Ka mihi rā ki ngā marae, ki ngā hapū o Tamatea whānui, e manaaki ana i a Papatūānuku, e tiaki ana i ngā taonga a ō tātau hapu, ō tātau iwi. Ka mihi rā ki ngā mate huhua i roro i te pō. Kei ngā tūpuna, moe mai rā, moe mai rā, moe mai rā. Ki te hunga, nā rātau tēnei rīpoata. Ki ngā kairangahau, ka mihi rā ki a koutou eū mārika nei ki tēnei kaupapa. Tena koutou. Ko te tūmanako, ka ora nei, ka whai kaha ngāwhakatipuranga kei te heke mai, ki te whakatutuki i ngā wawata o kui o koro mā,arā, ka tū rātau hei rangatira mō tēnei whenua. Tena koutou, tena koutou, tena koutou katoa Thanks to the many Marae, hapū, from the district of Tamatea for their involvement and concerns about the environment and taonga that is very precious to their iwi and hapū. Also acknowledge those tūpuna that have gone before us. -
Ngāiterangi Treaty Negotiations: a Personal Perspective
NGĀITERANGI TREATY NEGOTIATIONS: A PERSONAL PERSPECTIVE Matiu Dickson1 Treaty settlements pursuant to the principles of the Treaty of Waitangi can never result in a fair deal for Māori who seek justice against the Crown for the wrongs committed against them. As noble the intention to settle grievances might be, at least from the Crown’s point of view, my experience as an Iwi negotiator is that we will never receive what we are entitled to using the present process. Negotiations require an equal and honest contribution by each party but the current Treaty settlements process is flawed in that the Crown calls the shots. To our credit, our pragmatic nature means that we accept this and move on. At the end of long and sometimes acrimonious settlement negotiations, most settlements are offered with the caveat that as far as the Crown is concerned, these cash and land compensations are all that the Crown can afford so their attitude is “take it or leave it”. If Māori do not accept what is on offer, then they have to go to the back of the queue. The process is also highly politicised so that successive Governments are not above using the contentious nature of settlements for their political gain, particularly around election time. To this end, Governments have indicated that settlements are to be concluded in haste, they should be full and final and that funds for settlements are capped. These are hardly indicators of equal bargaining power and good faith, which are the basic principles of negotiation. As mentioned, the ‘negotiations’ are not what one might consider a normal process in that, normally, parties are equals in the discussions. -
Cultural Impact Assessment Report Te Awa Lakes Development
Cultural Impact Assessment Report Te Awa Lakes Development 9 October 2017 Document Quality Assurance Bibliographic reference for citation: Boffa Miskell Limited 2017. Cultural Impact Assessment Report: Te Awa Lakes Development. Report prepared by Boffa Miskell Limited for Perry Group Limited. Prepared by: Norm Hill Kaiarataki - Te Hihiri / Strategic Advisor Boffa Miskell Limited Status: [Status] Revision / version: [1] Issue date: 9 October 2017 Use and Reliance This report has been prepared by Boffa Miskell Limited on the specific instructions of our Client. It is solely for our Client’s use for the purpose for which it is intended in accordance with the agreed scope of work. Boffa Miskell does not accept any liability or responsibility in relation to the use of this report contrary to the above, or to any person other than the Client. Any use or reliance by a third party is at that party's own risk. Where information has been supplied by the Client or obtained from other external sources, it has been assumed that it is accurate, without independent verification, unless otherwise indicated. No liability or responsibility is accepted by Boffa Miskell Limited for any errors or omissions to the extent that they arise from inaccurate information provided by the Client or any external source. Template revision: 20171010 0000 File ref: H17023_Te_Awa_Lakes_Cultural_Impact_.docx Protection of Sensitive Information The Tangata Whenua Working Group acknowledges and supports s42 of the Resource Management Act 1991, which effectively protects intellectual property and sensitive information. As a result, the Tangata Whenua Working Group may request that evidence provided at a subsequent hearing be held in confidence by the Council. -
The Waikato-Tainui Settlement Act: a New High-Water Mark for Natural Resources Co-Management
Notes & Comments The Waikato-Tainui Settlement Act: A New High-Water Mark for Natural Resources Co-management Jeremy Baker “[I]f we care for the River, the River will continue to sustain the people.” —The Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 TABLE OF CONTENTS I. INTRODUCTION .................................................................................. 165 II. THE EMERGENCE OF ADAPTIVE CO-MANAGEMENT ......................... 166 A. Co-management .................................................................... 166 B. Adaptive Management .......................................................... 168 C. Fusion: Adaptive Co-management ....................................... 169 D. Some Criticisms and Challenges Associated with Adaptive Co-management .................................................... 170 III. NEW ZEALAND’S WAIKATO-TAINUI SETTLEMENT ACT 2010—HISTORY AND BACKGROUND ...................................... 174 A. Maori Worldview and Environmental Ethics ....................... 175 B. British Colonization of Aotearoa New Zealand and Maori Interests in Natural Resources ............................ 176 C. The Waikato River and Its People ........................................ 182 D. The Waikato River Settlement Act 2010 .............................. 185 Jeremy Baker is a 2013 J.D. candidate at the University of Colorado Law School. 164 Colo. J. Int’l Envtl. L. & Pol’y [Vol. 24:1 IV. THE WAIKATO-TAINUI SETTLEMENT ACT AS ADAPTIVE CO-MANAGEMENT .......................................................................... -
Project Proposal Template A
Project Proposal Template A. TITLE OF PROJECT Tūhonohono: Tikanga Māori me te Ture Pākehā ki Takutai Moana (“Tūhonohono”) B. IDENTIFICATION Project Leader: Dr Robert Joseph (Ngāti Raukawa, Ngāti Maniapoto, Kahungunu, Rangitāne, Ngāi Tahu), Te Mata Hautū Taketake – the Māori and Indigenous Governance Centre (“MIGC”), Te Piringa-Faculty of Law, University of Waikato Private Bag 3105 Hamilton 3240 [email protected] (07) 838 4466 extn 8796; Cell (022) 070 3275 Co-researchers, Professor Jacinta Ruru (Ngāti Raukawa, Ngāti Maniapoto, Ngāti Ranginui), Ngā Pae o te Māramatanga (“Ngā Pae”); Associate Professor Sandy Morrison (Ngāti Rarua, Ngāti Maniapoto, Te Arawa) and Professor Linda Smith (Ngāti Awa, Ngāti Porou), Te Pua Wānanga ki te Ao, Ms Valmaine Toki (Ngāti Wai) and Ms Mylene Rakena (Ngāti Kahungunu, Ngapuhi) MIGC, Waikato University. Co-production of research with Frank Hippolite and others, Tiakina te Taiao Ltd (“Tiakina”), representing Ngāti Rarua Iwi Trust, Ngāti Koata Trust, Ngāti Rarua-Te Atiawa Trust Board, Wakatu Inc., Ngāti Tama ki te Waipounamu and Te Atiawa o te Waka-A-Maui. Investigators: PhD students - Ms Adrienne Paul (Ngāti Awa) MIGC, Waikato University and Paul Meredith (Ngāti Maniapoto) University of Victoria, Wellington. Student researchers - Mr Hemi Arthur (Ngāti Toa, Ngāti Koata, Te Atiawa) and Apirana Daymond (Ngāti Mutunga (Chatham Islands) and Ngāti Porou). Advisory Assistance MIGC, University of Waikato (UOW) Advisory assistance – Professor Barry Barton, Professor Al Gillespie, Associate Professor Linda Te Aho, Professor Pou Temara, Tom Roa and Trevor Daya- Winterbottom. C. ABSTRACT Prior to European contact, Māori had effective legal systems based on mātauranga and tikanga Māori – Māori laws and institutions - which were very effective for social control and for maintaining law and order, and which developed into a considerable body of knowledge and practices over time. -
Auckland Council AUC100-783 Applications for Recognition Orders Lodged with the High Court and Recorded in Crown Memorandum
Auckland Council AUC100-783 Applications for recognition orders lodged with the High Court and recorded in Crown memorandum The following lists have been put together for Auckland Council. The information has been extracted from the memorandum of counsel of 30 June 2017 on behalf of the Crown and the High Court Marine and Coastal List provided by the High Court on 21 March 2018, listing applications for recognition orders lodged with the High Court. The lists are made in reliance on the accuracy of this information and are subject to revision in accordance with further memoranda or information that may become available. Please note: The maps this list is based on are approximate only, for discussion purposes and are subject to revision. Memo Public Memo CIV File map Applicant notification group Number Application district Address for service CMT/PCR number date 3 Nga Puhi nui tonu, 26 May 2017 CIV-2017- Miranda to Waikato Heads to Cape A, B, C, C, CMT/PCR [email protected] Ngati Rahiri, Ngati 404-537 Reinga to Miranda. Appears to include E, F, G, U Awa, Nga Tahuhu the Three Kings and Kermadec Islands and Ngaitawake 4 Louisa Te Matakino CIV-2017- Bombay Hills to Cape Reinga to South A, B, C, D, CMT/PCR [email protected] Collier on behalf of 485-398 Auckland E, F, G Ngāti Kawau and Te Waiariki Kororā 12 Rihari Dargaville 26 May 2017 CIV-2017- Doubtless Bay to Matauri Bay, Bay of B, C, D, E, CMT/PCR [email protected] Ngaitawake 404-558 Islands to Auckland, Herekino Harbour to F, G Whatipu 19 Jane Hotere, CIV-2017- Hokianga -
Waikato-Tainui Remaining Claims Mandate Information Hui March To
Waikato-Tainui Remaining Claims Mandate Information Hui March to May 2019 Ngaa kaupapa/Contents 1. Wai 30 background & context 2. Mandate History 3. Crown mandate process 4. Te Whakakitenga o Waikato objectives & structure 5. Waikato-Tainui Remaining Claims Mandate Strategy 6. Key themes from submissions 7. Future Aspirations 8. Key information 9. Mandate information hui dates • Filed in 1987 by Sir Robert Mahuta, the Tainui Maaori Trust Board and Ngaa Marae Toopu • Concerned issues of Raupatu, the Waikato River, fisheries interests and the West Coast Harbours (Manukau, Whaingaroa, Aotea and Kawhia) • Waikato Raupatu Claims Settlement Act 1995 • Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 • Wai 30 outstanding claims to be resolved – West Coast Harbours, Maioro & East Wairoa land blocks Te Whakakitenga o Waikato The objectives of Te Whakakitenga o Waikato are: a) To uphold, support, strengthen and protect the Kiingitanga; b) To protect, advance, develop and unify the interests of Waikato-Tainui; and c) To achieve and support the existing and future settlements of the Treaty of Waitangi and raupatu claims of Waikato-Tainui (TWOW 2016 Rules, paragraph 3) Te Whakakitenga o Waikato • Waikato-Tainui hapuu (TWOW 2016 Rules, schedule 1) • Waikato-Tainui marae (TWOW 2016 Rules, schedule 2) TWOW (136 members) 68 Marae 33 (2 reps per Hapuu marae) Mandate History In 2005 the Crown From 2005 onwards In 2017, TWOW recognised a Waikato- Te Whakakitenga has In 2012, the Crown appointed Rahui Papa as Tainui mandate to maintained a mandate recognised Waikato- the Waikato-Tainui Lead negotiate the settlement to negotiate the Tainui as a large natural Negotiator to progress of the outstanding claims group the resolution of the Wai with priority given to the ‘Wai 30 outstanding 30 outstanding claims Waikato River. -
The Misappropriation of the Haka: Are the Current Legal Protections Around Mātauranga Māori in Aotearoa New Zealand Sufficient?
523 THE MISAPPROPRIATION OF THE HAKA: ARE THE CURRENT LEGAL PROTECTIONS AROUND MĀTAURANGA MĀORI IN AOTEAROA NEW ZEALAND SUFFICIENT? Isabella Tekaumārua Wilson* This article analyses the protections the New Zealand intellectual property framework provides for the haka and mātauranga Māori. Part II of this article defines the key terms of "misappropriation", "traditional knowledge" and "mātauranga Māori" in order for the reader to fully understand these concepts in an indigenous, and specifically Māori, context. Part III of this article discusses the importance and significance of haka in Māori culture, particularly looking at the history and significance of Ka Mate, the most well-known haka in New Zealand and the world. Examples of different companies, both New Zealand and internationally-owned, using the haka for commercial benefit are analysed to establish whether or not their use of the haka is misappropriation, and if so, the harm this misappropriation has caused Māori. Part IV discusses the current legal protections New Zealand provides for mātauranga Māori and whether they sufficiently protect the haka and mātauranga Māori generally. It will assess the Haka Ka Mate Attribution Act 2014 as a case study. Part V outlines the limitations of the intellectual framework. Part VI of this article looks to what legal protections would be sufficient to protect against the misappropriation of the haka and mātauranga Māori generally. I INTRODUCTION Kua tae mai te wa, e whakapuru ai tatou i nga kowhao o te waka. The time has come where we must plug the holes in the canoe. * Ngāti Whātua Ōrākei and Waikato-Tainui. 524 (2020) 51 VUWLR All over the world, indigenous communities are seeking greater control of their culture.1 Māori culture has been suppressed in Aotearoa New Zealand for decades, and now, non-Māori businesses and individuals, in New Zealand and overseas, have begun to exploit Māori culture to promote and enhance their business dealings and sell their products. -
Waikato-Tainui and Ngāi Tahu's Treaty Settlement Negotiations With
Balancing rangatiratanga and kawanatanga: Waikato-Tainui and Ngāi Tahu’s Treaty settlement negotiations with the Crown Martin Fisher A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in History Victoria University of Wellington 2015 i ii Abstract Waikato-Tainui and Ngāi Tahu’s negotiations with the Crown produced the first two major iwi-based agreements of the modern era of Treaty settlements in New Zealand/Aotearoa. While the existing historiography has previously addressed the general parameters of each agreement, and some key players have briefly written about their involvement in the process, an analysis of both negotiations through the lens of the iwi (tribe) pursuit of rangatiratanga (or self-determination) and the Crown’s defence of its sovereignty and kawanatanga (or governance) increases our understanding of these precedent-setting Treaty settlements. Māori rangatiratanga and Crown sovereignty and governance were not the only factors that drove all parties in their negotiations, but they represented the dominant motivating force in terms of reaching agreements on very difficult issues. Through an investigation of Ngāi Tahu, Waikato-Tainui, Crown and public sources, this thesis identifies the balancing of iwi rangatiratanga and the Crown’s sovereignty and kawanatanga in four major areas of the process: the development of iwi governance systems post-settlement, the negotiation of the financial aspects of the settlement, the parameters surrounding the return of land, and the formulation of the historical accounts and Crown apologies. The political structures set by the Crown to govern the process influenced all aspects of the negotiation. -
Bthe Waipukurau Purchase and The
Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. I Mārama te Rironga ko a te Kuīni The Waipukurau Purchase and the Subsequent Consequences on Central Hawke’s Bay Māori to 1900. A thesis presented in partial fulfilment of the requirements for the degree of Master of Arts in History at Massey University Manawatū, New Zealand Michael Allan Hunter 2019 i Abstract In 1820s and 1830s Māori from Central Hawke’s Bay came into contact with Pākehā for the first time and they began to trade. From this contact they began to see the benefits of Pākehā. So they requested the government to establish a Pākehā settlement and offered land for sale. Land was purchased at Waipukurau on 4 November 1851. Donald McLean made sweeping promises of benefits and riches when the deed was signed however these benefits and riches would never come to the Māori of Central Hawke’s Bay. The Waipukurau purchase opened the door for more purchases. The Māori of Central Hawke’s Bay began alienating their land. First through direct purchasing with Donald McLean then through the Native Land Court. Māori would soon find themselves in debt which would lead to the Hawke’s Bay Native Lands Alienation Commission 1873. Central Hawke’s Bay Māori emerged as leaders of the Repudiation Movement of the 1870s and then the Kotahitanga Māori Parliament of the 1890s in order to fight for their lost lands. -
Mapping the Socio- Political Life of the Waikato River MARAMA MURU-LANNING
6. ‘At Every Bend a Chief, At Every Bend a Chief, Waikato of One Hundred Chiefs’: Mapping the Socio- Political Life of the Waikato River MARAMA MURU-LANNING Introduction At 425 kilometres, the Waikato River is the longest river in New Zealand, and a vital resource for the country (McCan 1990: 33–5). Officially beginning at Nukuhau near Taupo township, the river is fed by Lake Taupo and a number of smaller rivers and streams throughout its course. Running swiftly in a northwesterly direction, the river passes through many urban, forested and rural areas. Over the past 90 years, the Waikato River has been adversely impacted by dams built for hydro-electricity generation, by runoff and fertilisers associated with farming and forestry, and by the waste waters of several major industries and urban centres. At Huntly, north of Taupiri (see Figure 6.1), the river’s waters are further sullied when they are warmed during thermal electricity generation processes. For Māori, another major desecration of the Waikato River occurs when its waters are diverted and mixed with waters from other sources, so that they can be drunk by people living in Auckland. 137 Island Rivers Figure 6.1 A socio-political map of the Waikato River and catchment. Source: Created by Peter Quin, University of Auckland. As the Waikato River is an important natural resource, it has a long history of people making claims to it, including Treaty of Waitangi1 claims by Māori for guardianship recognition and management and property rights.2 This process of claiming has culminated in a number of tribes 1 The Treaty of Waitangi was signed by the British Crown and more than 500 Māori chiefs in 1840.