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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. -
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. -
He Puna Reo He Puna Oranga Whānau
TE PUNA REO O NGĀ KĀKANO HE PUNA REO HE PUNA ORANGA WHĀNAU Impact of an urban puna reo on the health and wellbeing of tamariki and their whānau June 2018 First published in 2018 by Te Puna Reo o Ngā Kākano Charitable Trust 251 Queens Drive Wellington 6022 ISBN 978-0-473-43960-6 Copyright © Te Puna Reo o Ngā Kākano Charitable Trust All images © Te Puna Reo o Ngā Kākano Report design: Kaaterina Kerekere of KE Design, www.kedesign.co.nz This report is copyright. Apart from fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without the prior permission of the publisher. A catalogue record for this book is available from the National Library of New Zealand. Abstract e Puna Reo o Ngā Kākano provides a kaupapa Māori early childhood Tlearning experience where tamariki aged from under one year to six years are exposed to mātauranga Māori on a daily basis with the aim of supporting them to flourish and become culturally confident. In an urban location, whānau are challenged with fostering connections to their tūrangawaewae and maintaining their cultural identity. Through a Māori world view, the concept of health and wellbeing is commonly understood to be alignment of one’s taha wairua, taha hinengaro, taha tinana and taha whānau. The absence of cultural identity can have an adverse effect on health and wellbeing. This research, funded by the Health Research Council of New Zealand, considers the impact that Te Puna Reo o Ngā Kākano has had on the health and wellbeing of tamariki and their whānau, and it identifies aspects of the experience at Te Puna Reo o Ngā Kākano that are fundamental to facilitating health and wellbeing within a kaupapa Māori early childhood environment. -
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. -
Waikato-Tainui on Behalf Of
286 First Name: Last Name: * Lorraine Dixon Organisation: Waikato-Tainui On behalf of: Postal Address: Private Bag 3044, Waikato Mail Centre Suburb: City: Hamilton Country: New Zealand PostCode: 3240 eMail: * [email protected] Prefered method of contact Email Postal Daytime Phone: 0276282980 Mobile: 0276282980 Would you like to present your submission in person at a hearing? Yes I do NOT wish to speak in support of my submission and ask that the following submission be fully considered. Additional requirements for hearing: Please see our submission attached. Please send a verified email stating that you have received our submission Attached Documents File The Waikato Tainui Submission with the GMO to Proposed Waikato District Plan Proposed District Plan Notified July 2018 Consult24 Page 1 of 1 SUBMISSION: WAIKATO DISTRICT COUNCIL – LONG TERM PLAN 2018-2028 To: Waikato District Council This Submission is from: Te Whakakitenga o Waikato Incorporated C/o Waikato Raupatu River Trust PO Box 481 Hamilton 1 TABLE OF CONTENTS INTRODUCTION ………………………………………………………………………. .. 3 SUMMARY OF POSITION ……………………………………………………………... 5 TAI TUMU, TAI PARI, TAI AO – WAIKATO-TAINUI ENVIRONMENTAL PLAN 6 WHAKATUPURANGA WAIKATO-TAINUI 2050 …………………………………… 6 TE TURE WHAIMANA WAIKATO RIVER VISION AND STRATEGY …………… 7 CROWN IWI ACCORDS ………………………………………………………………... 8 JOINT MANAGEMENT AGREEMENTS (JMAs) ……………………………………. 8 SPECIFIC WAIKATO-TAINUI FEEDBACK TANGATA WHENUA SECTION ………………………………………………………. 10 OUTSTANDING NATURAL FEATURES AND LANDSCAPES AND NATURAL CHARACTER …………………………………………………………………. 10 HOPUHOPU ZONING …………………………………………………………………... 13 CONECEPT MANAGEMENT PLANS FOR MAAORI FREEHOLD LAND ………. 14 MAAORI LAND ………………………………………………………………………….. 15 STRUCTURE PLANS …………………………………………………………………... 16 EARTHWORKS AND THE WAIAKTO RIVER ………………………………………. 17 PROTECTING AREAS OF SIGNIFICANCE TO MAAORI ………………………… 17 INDIGENOUS BIODIVERSITY ………………………………………………………… 18 LOW IMPACT DESIGN ………………………………………………………………… 19 LIVE ZONING ……………………………………………………………………………. 19 INFRTASTRUCTURE AND ENERGY ……………………………………………….. -
Statement of Evidence of Ngarimu Alan Huiroa Blair on Behalf of the Plaintiff
In the High Court of New Zealand Auckland Registry I Te Kōti Matua O Aotearoa Tāmaki Makaurau Rohe CIV-2015-404-2033 under: the Judicature Amendment Act 1972, and Part 30 of the High Court Rules between: Ngāti Whātua Ōrākei Trust Plaintiff and: Attorney-General First Defendant and: Marutūāhu Rōpū Limited Partnership Second Defendant and: Te Ara Rangatū O Te Iwi O Ngāti Te Ata Waiōhua Incorporated Third Defendant Statement of evidence of Ngarimu Alan Huiroa Blair on behalf of the plaintiff Dated: 2 June 2021 Next Event Date: For trial, 9 February 2021 REFERENCE: J W J Graham ([email protected])/L L Fraser ([email protected]) R M A Jones ([email protected]) COUNSEL: J E Hodder QC ([email protected]) 1 STATEMENT OF EVIDENCE OF NGARIMU ALAN HUIROA BLAIR ON BEHALF OF THE PLAINTIFF Table of contents INTRODUCTION 3 I. A BRIEF HISTORY OF NGĀTI WHĀTUA ŌRĀKEI AND ITS ROHE 5 Background 5 Take raupatu 7 Whakapapa 11 Ahi kā 12 Working the land and sea – ahi kā 13 Other iwi within the Ngāti Whātua Ōrākei rohe 15 Ngāti Whātua Ōrākei at 1840 17 The 1840 Transfer Land tuku 20 II. THE TREATY SETTLEMENT PROCESS 23 The Ōrākei Block (Vesting and Use) Act 1978 23 The 1987 Ōrākei Report (WAI 9) and the Ōrākei Act 1991 23 The Surplus Railway Land 25 Towards a comprehensive Ngāti Whātua Ōrākei settlement 26 Negotiations begin in 2003 27 Ngāti Whātua Ōrākei and cross-claimants 33 Negotiating history 35 Concluding an Agreement in Principle 36 Cross-claimants’ challenge in the Waitangi Tribunal 43 The Crown reviews the Red Book 50 Treaty settlements in Auckland restarted 52 The Ngāti Whātua Ōrākei Claims Settlement Act 2012 55 The “Tāmaki Collective” 59 Formation of the Tāmaki Collective 59 Function of the Tāmaki Collective 62 III.