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Downloaded from www.waitangitribunal.govt.nz T E U R E W E R A Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz T E U R E W E R A V O L U M E I I W A I 8 9 4 W A I T A N G I T R I B U N A L R E P O R T 2 0 1 7 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz National Library of New Zealand Cataloguing-in-Publication Data A catalogue record for this book is available from the National Library of New Zealand ISBN 978-1-86956-325-7 (pbk) ISBN 978-1-86956-326-4 (PDF) www.waitangitribunal.govt.nz Typeset by the Waitangi Tribunal This report was previously released online in pre-publication format in six parts between 2009 and 2015 as Te Urewera – Pre-publication Version This edition published 2017 by Legislation Direct, Lower Hutt, New Zealand Printed by Printlink, Lower Hutt, New Zealand Reprinted with corrections 2018 21 20 19 18 5 4 3 2 Set in Adobe Minion Pro and Cronos Pro Opticals Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz SHort CONTENts Volume I Report notes xxxi Letters of transmittal xxxiii Establishing the inquiry district lxxix Chapter 1 : Te Urewera – the Land, the People, the Claims 1 1 1 Whakataki – introduction 1 1 2 Nga tono – the claims 1 1 3 Te whenua – the land 5 1 4 Nga iwi – the people 7 1 5 Iwi whanui – communities 9 1 6 Nga take – overview of issues presented by the claimants 15 Chapter 2 : Te Ao o Te Urewera – Origins and Traditions 17 2 1 Whakataki – introduction 17 2 2 Nga iwi o te Urewera – the peoples 21 2 3 Mana : the exercise of authority – the protection of people, land, and resources 80 2 4 Whakamutunga – conclusion 131 Chapter 3 : Te Tono Ture Tikanga a Tuhoe – the Treaty and the Tuhoe Constitutional Claim, 1840–65 133 3 1 Introduction 133 3 2 The ‘constitutional claim’ issues, 1840–65 134 3 3 Key facts 135 3 4 The essence of the difference between the parties 137 3 5 Tribunal analysis 140 Summary answer 140 3 6 Summary 164 Chapter 4 : Te Raupatu o Tuhoe Whenua – Confiscation 167 4 1 Introduction 167 4 2 Issues for Tribunal determination 169 v Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Short Contents Chapter 4—continued 4 3 Key facts 169 4 4 The essence of the difference between the parties 179 4 5 Tribunal analysis 182 4 6 Mokomoko whanau claim 269 4 7 Summary 276 Chapter 5 : Te Mura o Te Ahi – War, Te Urewera, and Te Kooti 279 5 1 Introduction 279 5 2 Issues for Tribunal determination 282 5 3 Key facts 282 5 4 The essence of the difference between the parties 286 5 5 Tribunal analysis 292 5 6 Summary 498 Volume II Chapter 6 : Nga Pakanga o Wairoa me Waikaremoa0na – War in Upper Wairoa and Waikaremoana, 1865–66 505 6 1 Introduction 505 6 2 Issues for Tribunal determination 507 6 3 Key facts 507 6 4 The essence of the difference between the parties 511 6 5 Tribunal analysis 514 Chapter 7 : Nga Whenua Ngaro – the Loss of the Four Southern Blocks 571 7 1 Introduction 571 7 2 Issues for Tribunal determination 574 7 3 Key facts 575 7 4 The essence of the difference between the parties 579 7 5 Tribunal analysis 584 7 6 Explanatory note : Te Hatepe Deed, ECLTia, and Four Southern Blocks maps 751 Chapter 8 : Te Whitu Tekau – the 1871 Compact and Maori Autonomy in Te Urewera, 1871–93 763 8 1 Introduction 763 8 2 Issues for Tribunal determination 764 vi Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Short Contents 8 3 Key facts 764 8 4 The essence of the difference between the parties 771 8 5 Tribunal analysis 775 Chapter 9 : Ko te Ture Motuhake mo Tuhoe – the Urewera District Native Reserve Act 877 9 1 Introduction 877 9 2 Issues for Tribunal determination 879 9 3 Key facts 879 9 4 The essence of the difference between the parties 882 9 5 Tribunal analysis 890 Volume III Chapter 10 : ‘He Kooti Haehae Whenua, He Kooti Tango Whenua’ – the Native Land Court and Land Alienation in the Rim Blocks of Te Urewera, 1873–1930 1003 10 1 Introduction 1003 10 2 Previous Tribunal findings accepted by this Tribunal 1006 10 3 Issues for Tribunal determination 1022 10 4 Key facts 1023 10 5 Why did the Native Land Court commence operations in Te Urewera, and why and how did the peoples of Te Urewera engage with it ? 1038 Summary answer 1038 10 6 Was the Crown made aware of court decisions that were alleged to have resulted in significant injustice and did it provide appropriate remedies ? 1088 Summary answer 1088 10 7 What were the Crown’s purchase policies and practices in Te Urewera ? 1112 Summary answer 1112 10 8 What were the costs to Maori of securing new titles to their land in the Native Land Court ? Were these costs fair and reasonable ? 1187 Summary answer 1187 10 9 What protection mechanisms were there for Maori in respect of the alienation of land and how effective were those mechanisms in Te Urewera ? 1272 Summary answer 1272 10 10 What were the impacts on the peoples of Te Urewera of the operation of the Native Land Court and of the alienation of their ‘rim’ blocks ? 1315 Summary answer 1315 vii Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Short Contents Chapter 11 : Te Mahi Tinihanga mo nga Whenua o Waiohau – the Waiohau Fraud 1353 11 1 Introduction 1353 11 2 Issues for Tribunal determination 1354 11 3 Key facts 1355 11 4 The essence of the difference between the parties 1358 11 5 Tribunal analysis 1360 11 6 Treaty analysis and findings 1406 Chapter 12 : Te Runanga Kaitiaki Whenua o te Tairawhiti – the East Coast Trust 1411 12 1 Introduction 1411 12 2 Issues for Tribunal determination 1411 12 3 Key facts 1412 12 4 The essence of the difference between the parties 1416 12 5 Tribunal analysis 1420 12 6 Treaty analysis and findings 1450 Volume IV Chapter 13 : Te Ngakau Rukahu (the Crown’s Promise Proves False) – the Fate of the Urewera District Native Reserve 1457 13 1 Introduction 1457 13 2 The Crown’s concessions 1458 13 3 Issues for Tribunal determination 1460 13 4 Key facts 1460 13 5 The essence of the difference between the parties 1467 13 6 Why Were the Self-government Provisions of the UDNR Act Defeated ? 1476 Summary answer 1476 13 7 Why and How Did the Crown Purchase Extensively in UDNR Lands from 1910 ? 1542 Summary answer 1542 13 8 Treaty analysis and findings 1649 Chapter 14 : Te Whakamoana Whenua – the Urewera Consolidation Scheme 1659 14 1 Introduction 1660 14 2 Issues for Tribunal determination 1663 14 3 Key facts 1664 14 4 The essence of the difference between the parties 1681 14 5 Why was a consolidation scheme chosen for reserve lands ? 1689 Summary answer 1689 viii Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Short Contents 14 6 By what process were interests consolidated and the land divided between Maori Owners and the Crown ? 1729 Summary answer 1729 14 7 What effect did the scheme have on Waikaremoana peoples ? 1794 Summary answer 1794 14 8 What agreements were reached about titles and how was the cost of surveys met ? 1832 Summary answer 1832 14 9 Should Maori owners have contributed 40,000 acres toward the cost of constructing two main (arterial) roads ? 1883 Summary answer 1883 14 10 Treaty analysis and findings 1934 Volume V Chapter 15 : Kai te Ora Tonu te Wairua o Wenei Tangata (the Spirit of these People is Alive) – the Impacts on Mana Motuhake and Mana Whenua of the Crown’s Defeat of the Urewera District Native Reserve Act, and the Urewera Consolidation Scheme 1947 15 1 Introduction 1948 15 2 Mana motuhake : what were the impacts of Crown acts and omissions on self-government in Te Urewera and the relationship of its peoples with the Crown ? 1951 Summary answer 1951 15 3 Mana whenua : what were the impacts of Crown acts and omissions on hapu relationships with their land and on the economic capability of the peoples of Te Urewera ? 1968 Summary answer 1968 Chapter 16 : Te Kapua Pouri – Te Urewera National Park 2025 16 1 Introduction 2026 16 2 Issues for Tribunal determination 2033 16 3 Key facts 2033 16 4 The essence of the difference between the parties 2046 16 5 Why and how was a national park established in Te Urewera ? 2055 Summary answer 2055 16 6 How has the national park affected the economic opportunities of Maori communities in Te Urewera ? 2119 Summary answer 2119 16 7 Did the Crown purchase Manuoha and Paharakeke from informed and willing sellers and was the purchase fair in all the circumstances ? 2208 Summary answer 2208 ix Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Short Contents Chapter 16—continued 16 8 How has the national park affected the ability of Te Urewera peoples to continue their customary uses of park lands and their exercise of kaitiaki responsibilities ? 2245 Summary answer 2245 16 9 To what extent have the peoples of Te Urewera been represented or otherwise involved in the governance, management, and day-to-day administration of Te Urewera National Park ? 2325 Summary answer 2325 16 10 Treaty analysis and findings 2346 Chapter 17 : I Paku ai te Pu ki Maungapohatu – Rua Kenana and the Police Invasion of Maungapohatu 2367 17 1 Introduction 2367 17 2 Issues for Tribunal determination 2371 17 3 Key facts 2372 17 4 The essence of the difference between the parties 2378 17 5 Did the Crown’s attitude to Rua Kenana’s leadership of the Maungapohatu community have any influence on the charges laid against Rua between 1911
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