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In the High Court of New Zealand Auckland Registry I Te Kōti Matua O Aotearoa Tāmaki Makaurau Rohe Civ-2019-404-2672 [2020] Nz
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CIV-2019-404-2672 [2020] NZHC 2768 UNDER Resource Management Act 1991. IN THE MATTER of an appeal under section 299 of the Resource Management Act 1991 against a decision of the Environment Court. BETWEEN NGĀTI MARU TRUST Appellant AND NGĀTI WHĀTUA ŌRĀKEI WHAIA MAIA LIMITED Respondent (Continued next page) Hearing: 18 June 2020 Auckland Council submissions received 26 June 2020 Respondent submissions received 1 July 2020 Appellants’ submissions received 26 June and 6 July 2020 Counsel: A Warren and K Ketu for Appellants L Fraser and N M de Wit for Respondent R S Abraham for Panuku Development Auckland S F Quinn for Auckland Council Judgment: 21 October 2020 JUDGMENT OF WHATA J This judgment was delivered by me on 21 October 2020 at 4.00 pm, pursuant to Rule 11.5 of the High Court Rules. Registrar/Deputy Registrar Date: …………………………. Solicitors: McCaw Lewis, Hamilton Simpson Grierson, Auckland DLA Piper, Auckland Chapman Tripp, Auckland NGĀTI MARU TRUST v NGĀTI WHĀTUA ŌRĀKEI WHAIA MAIA LIMITED [2020] NZHC 2768 [21 October 2020] CIV-2019-404-2673 BETWEEN TE ĀKITA O WAIOHUA WAKA TAUA INCORPORATED SOCIETY Appellant AND NGĀTI WHĀTUA NGĀTI WHĀTUA ŌRĀKEI WHAIA MAIA LIMITED Respondent CIV-2019-404-2676 BETWEEN TE PATUKIRIKIRI TRUST Appellant AND NGĀTI WHĀTUA NGĀTI WHĀTUA ŌRĀKEI WHAIA MAIA LIMITED Respondent [1] The Environment Court was asked to answer the following question (the Agreed Question): Does the Environment Court have jurisdiction to determine whether any tribe holds primary mana whenua over an area the subject of a resource consent application: (a) generally; or (b) where relevant to claimed cultural effects of the application and the wording of resource consent conditions. -
Ngāti Hāmua Environmental Education Sheets
NGTI HMUA ENVIRONMENTAL EDUCATION SHEETS Produced by Rangitne o Wairarapa Inc in conjunction with Greater Wellington 2006 2 NGTI HMUA ENVIRONMENTAL EDUCATION SHEETS This education resource provides the reader with information about the environment from the perspective of the Ngti Hmua hap of Rangitne o Wairarapa iwi. There are 9 separate sheets with each one focussing on a different aspect of Mori customary belief. The first two sheets look at history relating to Ngti Hmua starting with the creation myth and the Maori gods (Nga Atua). The second sheet (Tupuna) looks at the Ngti Hmua ancestors that have some link to the Wairarapa including Maui – who fished up Aotearoa, Kupe – the first explorer to these shores, Whtonga aboard the Kurahaup waka and his descendants. The remaining sheets describe the values, practices or uses that Ngti Hmua applied to their environment in the Wairarapa valleys, plains, mountains, waterways and coastal areas. The recording of this information was undertaken so that people from all backgrounds can gain an appreciation of the awareness that the kaumtua of Ngti Hmua have of the natural world. Rangitne o Wairarapa and Greater Wellington Regional Council are pleased to present this information to the people of the Wairarapa and beyond. This resource was created as part of the regional council’s iwi project funding which helps iwi to engage in environmental matters. For further information please contact Rangitne o Wairarapa Runanga 06 370 0600 or Greater Wellington 06 378 2484 Na reira Nga mihi nui ki a koutou katoa 3 CONTENTS Page SHEET 1 Nga Atua –The Gods 4 2 Nga Tupuna – The Ancestors 8 3 Te Whenua – The Land 14 4 Nga Maunga – The Mountains 17 5 Te Moana – The Ocean 19 6 Nga Mokopuna o Tnemahuta – Flora 22 7 Nga Mokopuna o Tnemahuta – Fauna 29 8 Wai Tapu – Waterways 33 9 Kawa – Protocols 35 4 Ngti Hmua Environmental Education series - SHEET 1 of 9 NGA ATUA - THE GODS Introduction The Cosmic Genealogy The part that the gods play in the life of all M ori is hugely s ignificant. -
Report on the Crown's Foreshore and Seabed Policy
Downloaded from www.waitangi-tribunal.govt.nz REPORT ON THE CROWN’S FORESHORE AND SEABED POLICY Downloaded from www.waitangi-tribunal.govt.nz Downloaded from www.waitangi-tribunal.govt.nz Downloaded from www.waitangi-tribunal.govt.nz Downloaded from www.waitangi-tribunal.govt.nz REPORT ON THECROWN’S FORESHORE AND SEABEDPOLICY WAI 107 1 WAITANGI TRIBUNAL REPORT 2004 Downloaded from www.waitangi-tribunal.govt.nz Downloaded from www.waitangi-tribunal.govt.nz 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 unfolds in a pattern not yet completely known A Waitangi Tribunal report isbn 1-86956-272-0 www.waitangi-tribunal.govt.nz Typeset by the Waitangi Tribunal Published 2004 by Legislation Direct, Wellington, New Zealand Printed by SecuraCopy, Wellington, New Zealand Set in Adobe Minion and Cronos multiple master typefaces The diagram on page 119 was taken from Gerard Willis, Jane Gunn, and David Hill, ‘Oceans Policy Stocktake: Part 1 – Legislation and Policy Review’, report prepared for the Oceans Policy Secretariat, 2002, and is reproduced here by permission of the Ministry for the Environment. It was originally adapted from one in Parliamentary Commissioner for the Environment, Setting Course for a Sustainable Future: The Management of New Zealand’s Marine Environment (Wellington: Parliamentary Commissioner for the Environment, 1999). Downloaded from www.waitangi-tribunal.govt.nz Downloaded from www.waitangi-tribunal.govt.nz CONTENTS Letter of transmittal . ix Introduction . xi Chapter 1: Tikanga . 1 1.1 What is ‘tikanga’? . 1 1.2 Tikanga in the context of this inquiry . -
Wai-2180-3.3.60-Ngati-Kauwhata.Pdf
Wai 2180, #3.3.60 IN THE WAITANGI TRIBUNAL WAI 2180 TAIHAPE - RANGITĪKEI KI RANGIPŌ INQUIRY DISTRICT WAI 784 IN THE MATTER of the Treaty of Waitangi Act 1975 AND IN THE MATTER of Taihape - Rangitīkei ki Rangipō Inquiry (Wai 2180) AND IN THE MATTER of a claim by Rodney Graham and others on behalf of themselves and the Kauwhata Treaty Claims Komiti and Ngā Uri Tangata o Ngāti Kauwhata ki Te Tonga (Wai 784) CLOSING SUBMISSIONS FOR THE WAI 784 NGĀTI KAUWHATA CLAIM Dated: this 20th day of October 2020 Rainey Collins PO Box 689 Solicitors DX: SP20010 Level 19 Telephone (04) 473 6850 113-119 The Terrace Facsimile (04) 473 9304 Wellington 689 Counsel: P Johnston / E Martinez / D Chong 615801.7 1 MAY IT PLEASE THE TRIBUNAL INTRODUCTION What the Crown has done to Ngāti Kauwhata throughout the motu has destabilised us – society has been eroded, and we have been deprived of much of what it is to be Ngāti Kauwhata and to be Māori. Any loss of tikanga or kawa is detrimental to our people. The Crown has restricted us in so many ways. We have been left with almost no place to exist as Māori. Our ability to exercise rangatiratanga has been taken away from us. In Kauwhata, a resurgence has begun, but there is still a long way to go.1 - Rodney Graham 1. These are the closing submissions for Wai 784, a claim by Rodney Graham and others on behalf of themselves and the Kauwhata Treaty Claims Komiti and Ngā Uri Tangata o Ngāti Kauwhata ki Te Tonga (“Wai 784 Ngāti Kauwhata claim”). -
Healing the Past, Building a Future
Ka tika ā muri, ka tika ā mua He Tohutohu Whakamārama i ngā Whakataunga Kerēme e pā ana ki te Tiriti o Waitangi me ngā Whakaritenga ki te Karauna Healing the past, building a future A Guide to Treaty of Waitangi Claims and Negotiations with the Crown CROWN COPYRIGHT RESERVED The Office of Treaty Settlements Parts of this guide may be reproduced with prior approval from the Director, Office of Treaty • negotiates settlements of historical claims directly Settlements, and with appropriate credit given to with claimant groups, under the guidance and the source. direction of Cabinet • provides policy advice to the government STATUS OF THIS GUIDE – DISCLAIMER on generic Treaty settlement issues and on individual claims Material published in this guide reflects the Crown’s • oversees the implementation of settlements, and policies and understandings at the time of publication. While all statements are believed to be correct, no • acquires, manages, transfers and disposes of liability can be accepted for any incorrect statement, Crown-owned land for Treaty settlement purposes. omission or changes to the matters or policies referred to. The guide provides general information only and HOW TO CONTACT OTS readers should not act or rely on information in this guide without first discussing the detail with OTS. Postal address SX10111, Wellington, New Zealand Should you have any questions on issues or policies in Phone 04 800494 9 this guide or any other aspect of OTS work, please get Fax 04 801 494 9 in touch with OTS. Email [email protected] Website www.ots.govt.nz You can also view this booklet and other information about the Office of Treaty Settlements and settlements on our website at www.ots.govt.nz. -
Recognising Rangatiratanga: Sharing Power with Māori Through Co-Management
RECOGNISING RANGATIRATANGA: SHARING POWER WITH MĀORI THROUGH CO-MANAGEMENT Samuel George Wevers A dissertation submitted in partial fulfilment of the requirements of the degree of Bachelor of Laws (Honours) Faculty of Law University of Otago 2011 To the memory of my great-great grandfather William Rolleston Minister of Native Affairs and Minister of Justice 2 ACKNOWLEDGEMENTS I would like to express my most sincere thanks to the following: Professor John Dawson, for his patience and insight My family, each of whom have inspired me in their own way Max Harris, Henry Clayton and SJR Sutton, for their help Hamuera Orupe McLeod (Joe), who unknowingly sparked my interest in these matters 3 Glossary of Māori Terms Hapū Extended family group; sub-tribe Iwi Tribe Kaitiaki Guardian Kaitiakitanga Guardianship Kāwanatanga Governance Mana whakahaere Power to manage Mātauranga Māori science and knowledge Tangata whenua Māori people with customary authority in a particular area; people of the land Tangihanga Funeral ceremony Taonga Treasured thing; valued things and resources Tikanga Māori custom or law Tino rangatiratanga Māori constitutional authority; tribal self-government 4 Table of Contents Glossary of Māori Terms ........................................................................................................ 4 Introduction .................................................................................................................. 6 Part One ....................................................................................................................... -
Te Pānui Tuawaru Puanga 2014 - 2015
TE PĀNUI TUAWARU PUANGA 2014 - 2015 Te Atawhai o te Ao An Independent Māori Institute for Environment & Health Haere ki mua, haere ki muri Be responsible for your actions Contents 1 He Maimai Aroha .......................................................................................................4 2 Introducing Our Whānau ........................................................................................5 3 He Kokonga Whare ................................................................................................13 Prison Project .....................................................................................................15 Well-being Project ............................................................................................16 Advisors ................................................................................................................17 2014 Writers’ Fellowship Recipients ............................................................18 4 He Kura Asthma Support for Māori Tamariki at School ..............................19 5 Relocation .................................................................................................................20 6 Conferences .............................................................................................................21 7 Capability in Independent Research Organisations Funding ..................23 8 Relationship Building ............................................................................................24 He Maimai Aroha Te Paea Rongomaiaia -
Report on Aspects of the Wai 655 Claim / Waitangi Tribunal
R e p o r t o n A s p e c t s o f t h e W a i 6 5 5 C l a i m R e p o r t o n A s p e c t s o f t h e W a i 6 5 5 C l a i m W A I 6 5 5 W A I T A N G I T R I B U N A L R E P O R T 2 0 0 9 The cover design by Cliff Whiting invokes the signing of the Treaty of Waitangi and the consequent interwoven development of Māori and Pākehā history in New Zealand as it continuously unfolds in a pattern not yet completely known National Library of New Zealand Cataloguing-in-Publication Data New Zealand. Waitangi Tribunal. Report on aspects of the Wai 655 claim / Waitangi Tribunal. ISBN 978-1-86956-295-3 1. Treaty of Waitangi (1840) 2. Maori (New Zealand people)—Land tenure—New Zealand—Manawatu–Wanganui. 3. Maori (New Zealand people)—New Zealand—Manawatu–Wanganui—Claims. 4. Land tenure—New Zealand—Manawatu–Wanganui. [1. Tiriti o Waitangi. reo. 2. Mana whenua. reo] I. Title. 333.3309935—dc 22 www.waitangitribunal.govt.nz Typeset by the Waitangi Tribunal This report was previously released on the internet in 2009 in pre-publication format This amended edition published 2009 by Legislation Direct, Wellington, New Zealand Printed by SecuraCopy, Wellington, New Zealand 13 12 11 10 09 5 4 3 2 1 Set in Adobe Minion Pro and Cronos Pro Opticals Contents Chapter 1 : Introduction. -
Planning Evidence and Recommendations Report
Planning Evidence and Recommendations Report Horizons Regional Council’s Planners Report on Submissions to the Proposed One Plan – Te Ao Maori July 2008 Helen Marr One Plan Manager July 2008 ISBN: 978-1-877468-51-3 Report No: 2008/EXT/905 CONTACT 24hr Freephone 0508 800 800 [email protected] www.horizons.govt.nz Kairanga Cnr Rongotea & Kairanga-Bunnythorpe Rds Palmerston North Levin Palmerston North 11 Bruce Road 11-15 Victoria Avenue SERVICE Marton REGIONAL Cnr Hammond & Hair Sts DEPOTS CENTRES HOUSES Taihape Wanganui Torere Road Taumarunui 181 Guyton Street 34 Maata Street Ohotu Woodville Cnr Vogel (SH2) & Tay Sts POSTAL Horizons Regional Council, Private Bag 11025, Manawatu Mail Centre, Palmerston North 4442 | 06 9522 929 ADDRESS F CONTENTS Contents i INTRODUCTION: TE AO MAORI 3 PART ONE: READERS GUIDE 5 PART TWO: STATEMENT OF QUALIFICATIONS AND EXPERIENCE 7 PART THREE: SUMMARY OF KEY THEMES AND RECOMMENDATIONS 9 PART FOUR: RECOMMENDATIONS ON SUBMISSIONS 11 4.1 Te Ao Maori General - Te Ao Maori 1 11 4.2 Paragraph 4.1.1 The Regions Hapu and Iwi 20 4.3 Paragraph 4.1.2 Hapu and Iwi Involvement in Resource Management TAM 3 21 4.4 Paragraph 4.1.3 An Understanding of Maori Values TAM 4 23 4.5 Paragraph 4.1.4 Environmental Issues of Concern to Hapu and Iwi TAM 5 33 4.6 Paragraph 4.2 Environmental Issues of Significance to Hapu and Iwi TAM 6 43 4.7 Objective - General TAM 7 44 4.8 Objective 4-1 Environmental Management TAM 8 44 4.9 Policy 4-1 Hapu and iwi involvement in resource management TAM 9 49 4.10 Policy 4-2 Waahi tapu, waahi tupuna -
In the Waitangi Tribunal Wai 207 Wai 785
In the Waitangi Tribunal Wai 207 Wai 785 Under the Treaty of Waitangi Act 1975 In the Matter of the Northern South Island Inquiry (Wai 785) And In the Matter of a claim to the Waitangi Tribunal by Akuhata Wineera, Pirihira Hammond, Ariana Rene, Ruta Rene, Matuaiwi Solomon, Ramari Wineera, Hautonga te Hiko Love, Wikitoria Whatu, Ringi Horomona, Harata Solomon, Rangi Wereta, Tiratu Williams, Ruihi Horomona and Manu Katene for and on behalf of themselves and all descendants of the iwi and hapu of Ngati Toa Rangatira BRIEF OF EVIDENCE OF TE WAARI CARKEEK Dated 9 June 2003 89 The Terrace PO Box 10246 DX SP26517 Wellington Telephone (04) 472 7877 Facsimile (04) 472 2291 Solicitor Acting: D A Edmunds Counsel: K Bellingham/K E Mitchell/B E Ross 031600261 KEM BRIEF OF EVIDENCE OF TE WAARI CARKEEK Introduction 1 My name is Te Waari Carkeek, and I am known as Te Waari. I was born at Otaki on 29 October 1960, I was brought up there. My father is Rikihana Te Rei Carkeek and my mother is Hemaima Te Hiwi Carkeek. I am the second youngest of their fourteen children. I am of Ngati Toa and Ngati Raukawa descent, among others. 2 I reside in Otaki today. Although I am not a resident in Te Tau Ihu I have always been aware that our family had roots there through our Maori ancestry. 3 I am self-employed and contract my administrative and teaching skills for our iwi developments. I presently have a working relationship with Te Runanga o Raukawa Inc and the Raukawa Marae Information and Support Service. -
CS H-Notes01-Eng
Help Notes ONLY SAMPLE Tuesday, 6 March 2001 If you need help filling in your census forms, or for copies of the bilingual Maori/English forms, call us on 0800 80 2001. For further information visit our website at: www.stats.govt.nz For people with a hearing impairment fax the toll-free fax line on 0800 800 082. What is the census? ONLY The New Zealand Census of Population and Dwellings, held every five years, is the official count of the total number of people and dwellings in New Zealand. On Census Night, everyone in the country must fill in a census form. Statistics NZ puts together the answers and publishes the results in statistical tables and reports. The census is the key source of information about the people living in our cities, towns,SAMPLE suburbs and rural communities. It is the only way we can get a full picture of whats really happening in our country, because everyone takes part. How is census information used? Your responses are important for community, iwi and government decisions that affect all New Zealanders. To make decisions about all sorts of issues, planners must have the right information. They compare the latest census results with previous years so they can see how society is changing, and predict what will happen in the future. The information is used to make decisions that affect us all such as where to build new roads, schools, houses, hospitals and essential services that are needed. It is also used to revise electoral boundaries and is an important source of statistics for iwi. -
Imagereal Capture
613 The Negotiation of Treaty of Waitangi Claims: An Issue Ignored Leo Watson Introduction Disputes and all the cultural baggage - institutional, ideological, behavioural, political, even legal - that surrounds them are... not just contests of power and privilege, but contests of identity...Disputing is not just about my rights and your obligations, it is about who I am and what we are.... 1 There have recently been three important developments in the negotiation between Crown and Iwi of Treaty of Waitangi claims. In 1992, the Sealord deal was the first example of a multi-tribal settlement, and earlier this year the first major Crown-Iwi Raupatu grievance was settled under the Tainui Deed of Settlement. Then the Crown Proposals for the Settlement ofTreaty ofWaitangi Claims, published in 1994, was rejected by Maori. Each development has proven in its own way the complexities of reaching a substantive solution. However this article canvasses some of the more problematic procedural difficulties which have yet to be addressed. In it, I will argue that the Crown has so far ignored the crucial issue of power-sharing. Tina rangatiratanga is at the heart of the process of negotiation, profoundly affecting the cultural identity of the Iwi, and dictating the ultimate finality of any substantive outcome. The Treaty of Waitangi The Treaty of Waitangi signals the legal collision of two cultural notions of sovereignty. The New Zealand Parliament rests on the common law cultural foundation of Diceyan parliamentary sovereignty. In an address at Gisborne on 2 the 13th of May 1995 , the Prime Minister Jim Bolger declared: Itmustbe clear that the Government will not entertain any division of sovereignty of Parliament, nor substantive power-sharing.