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Wai 2700 the CHIEF HISTORIAN's PRE-CASEBOOK

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Wai 2700 the CHIEF HISTORIAN's PRE-CASEBOOK Wai 2700, #6.2.1 Wai 2700 THE CHIEF HISTORIAN’S PRE-CASEBOOK DISCUSSION PAPER FOR THE MANA WĀHINE INQUIRY Kesaia Walker Principal Research Analyst Waitangi Tribunal Unit July 2020 Author Kesaia Walker is currently a Principal Research Analyst in the Waitangi Tribunal Unit and has completed this paper on delegation and with the advice of the Chief Historian. Kesaia has wide experience of Tribunal inquiries having worked for the Waitangi Tribunal Unit since January 2010. Her commissioned research includes reports for Te Rohe Pōtae (Wai 898) and Porirua ki Manawatū (Wai 2200) district inquiries, and the Military Veterans’ (Wai 2500) and Health Services and Outcomes (Wai 2575) kaupapa inquiries. Acknowledgements Several people provided assistance and support during the preparation of this paper, including Sarsha-Leigh Douglas, Max Nichol, Tui MacDonald and Therese Crocker of the Research Services Team, and Lucy Reid and Jenna-Faith Allan of the Inquiry Facilitation Team. Thanks are also due to Cathy Marr, Chief Historian, for her oversight and review of this paper. 2 Contents Purpose of the Chief Historian’s pre-casebook research discussion paper (‘exploratory scoping report’) .................................................................................................................... 4 Methodology .................................................................................................................... 4 The Mana Wāhine Inquiry (Wai 2700) ................................................................................. 7 Broad themes identified in claims .................................................................................... 8 1. Protection of the role, status and knowledge of wāhine Māori ............................. 8 2. Equity and disparities in outcomes and well-being for wāhine Māori ................. 10 3. Representation and access to leadership, governance and decision-making roles for wāhine Māori ..................................................................................................... 13 Existing relevant evidential sources .................................................................................. 15 Theme 1: Protection of the role, status and knowledge of wāhine Māori ...................... 15 Identified gaps ........................................................................................................ 22 Theme 2: Equity and disparities in outcomes and well-being for wāhine Māori ............ 23 Significant gaps in evidence ................................................................................... 31 Theme 3: Representation and access to leadership, governance and decision-making roles for wāhine Māori ................................................................................................... 32 Gaps in evidence .................................................................................................... 34 Recommendations for further research ............................................................................. 36 Summary of proposed further research ......................................................................... 39 Appendix A: Table of relevant claims that raise Mana Wāhine issues as at July 2020 ..... 40 Appendix B: Select bibliography ........................................................................................ 91 3 Purpose of the Chief Historian’s pre-casebook research discussion paper (‘exploratory scoping report’) On 17 February 2020, parties to the Mana Wāhine Inquiry (Wai 2700) were advised by memorandum-directions that Tribunal staff had commenced work on the Chief Historian’s pre-casebook discussion paper (also referred to as an ‘exploratory scoping report’).1 The purpose of the discussion paper/exploratory scoping report is to: • assess the extent of existing evidential material likely to be of use to the Tribunal and parties to an inquiry; • identify any serious gaps in evidential coverage and, • should any gaps be identified, propose how these gaps can most usefully and efficiently be addressed to assist the Tribunal to consider the claims before it. More broadly, the discussion paper is designed to provide a starting point to assist the Tribunal and parties address evidential needs and consider the planning and direction of an inquiry during the ‘start-up’ interlocutory phase. The discussion paper approach was first developed for Tribunal district inquiries and begins the process of working towards an agreed research casebook. The approach has also been of use for assisting with planning for Tribunal kaupapa inquiries. Methodology As the title of this paper suggests, pre-casebook discussion papers for district and kaupapa inquiries are typically the responsibility of the Chief Historian. This paper was prepared by Kesaia Walker, Principal Research Analyst, under the supervision of the Chief Historian of the Waitangi Tribunal Unit. The Chief Historian also conducted a full review of the paper prior to it being finalised. A broad approach to the inclusion of relevant claims raising mana wāhine issues has been employed as a formal claims’ eligibility process has not yet been completed for the inquiry. All the available statements of claim (approximately 160) were viewed in the course of preparing this discussion paper. The claims raise a wide range of issues in relation to alleged Crown acts/omissions, policy, practices and legislation and their impacts on wāhine Maori across numerous facets of society. A table containing a summary of the issues raised 1 Wai 2700, #2.5.13. 4 in all the relevant claims identified is attached as Appendix A. Readers should refer to the official statements of claim and amended statements of claim for further detail. In terms of existing useful evidence for the Mana Wāhine inquiry, a wide range of published secondary and primary sources have been searched and assessed for coverage of the relevant time periods and issues raised by claims. The claims themselves, and the bibliographies submitted by claimants, provided a very useful starting point for surveying existing literature. These were supplemented by further searches for relevant primary and secondary source material over a number of repositories, including Archives New Zealand, the National Library, the Alexander Turnbull Library and various regional museums and libraries. Tribunal Unit staff also contacted claimant and Crown counsel for further information on potentially relevant material not easily accessible to the public that might prove useful for considering claims in this inquiry. A number of Crown agencies, including the Ministry for Women and the Ministry of Justice provided a range of relevant material. A select bibliography of some of the most relevant primary and secondary sources relating to issues raised in statements of claim is attached as Appendix B. For the purpose of discussing evidential needs for the Mana Wāhine Inquiry, the issues raised in the approximately 160 statements of claim were organised into three key themes (see ‘Broad themes identified in claims’ section below). This was no easy task. A considerable amount of time was spent analysing the claims and considering how the numerous and often disparate issues raised could be drawn together to best capture the issues of importance to wāhine Māori over a long span of time. At this early stage in the Mana Wāhine Inquiry, the Tribunal and parties have not yet had time to further refine the scope and focus of the inquiry to particular issues and time periods. The issues raised in the claims demonstrate the complex and diverse range of experiences of wāhine Māori within the rapidly changing historical landscape from 1840 to the present day. For each theme, an assessment was made about the main time periods involved (such as whether the claims issues are largely contemporary in nature or historically focused), the types of issues raised and the major alleged Crown actions, omissions, legislation, policy and/or practices at issue. Starting with secondary source material, examples of key sources for each time period/issue were then considered, followed by an assessment of whether there is sufficient range and breadth of coverage in the sources, whether all issues are covered and to what extent the sources refer to the experience of wāhine Māori. Any major gaps identified in evidential coverage for each theme are then highlighted for discussion. 5 The final part of this paper (the ‘Recommendations for Further Research’ section) draws conclusions about where evidential coverage for claims appears to be adequate and where major gaps are identified. Recommendations are then proposed for how those gaps can be best addressed, including proposals for further commissioned research, the likely timeframes required, and proposals for the provision of Crown statistics where these appear to exist. Although the three key themes identified in this paper are interlinked, they are distinct enough to stand alone and really draw together – in a useful way – the range of claims issues and relevant time periods involved. These themes are not set in stone but essentially set out a way to assess coverage of claims issues in existing sources. The time periods discussed for each theme are not set in stone either. These time periods reflect the main focus of claimant concern, but many issues extend in to other time periods. For each theme identified, it was not feasible to address in detail the vast array of existing sources. Many of the claims raise a multitude
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