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Te Roroa Report TE ROROA REPORT WAITANGI TRIBUNAL 1992 The Te Roroa Report 1992 (Wai 38) Waitangi Tribunal Report: 5 WTR BROOKER AND FRIEND LTD WELLINGTON 1992 Cover design by Cliff Whiting National Library of New Zealand Cataloguing-in-Publication data N ew Zealand. Waitangi Tribunal. Te Roroa report, 1992 (Wai 38). Wellington, N.Z., : Brooker and Friend, 1992. 1 v. (Waitangi Tribunal Report, 0113-4124) “The Te Roroa claim against the Crown concerning Maunganui, Waipoua, Taharoa and Waimamaku” -Pref. In English and Maori. Includes bibliographical references. ISBN 0-86472-088-2 1. Te Roroa (Maori people) -Land tenure. 2. Te Roroa (Maori people) -History. 3. Te Roroa (Maori people) -Claims. 4. Land tenure -N e w Zealand-Northland Region. 5. Maori (N ew Zealand people)-New Zealand-Northland Region-Land tenure. 6. Maori (N ew Zealand people)-New Zealand-Northland Region-Claims. 7. Treaty of Waitangi (1840) I. Title. II. Series: Waitangi Tribunal reports ; 333.3099312 Waitangi Tribunal Reports ISSN 0113-4123 ISBN 0-86472-088-2 © Crown copyright 1992 First published 1992 Reprinted with minor corrections 1992 Typeset and Printed by: Brooker & Friend Ltd Wellington, N ew Zealand Turirangi Te Kani (3 June 1913 —4 June 1990) He mea miharo tau hanganga i te rangi me te whenua tau hanganga i te tangata me tau homaitanga i te kai. C o n te n t s Te Tau (Introduction) Tau ......... 1 Mihi 1 Waiata 2 Nga whatu-ora (the living, seeing eyes): who the claimants are ..... 4 Te whare tupuna o Te Roroa (the ancestral house of Te Roroa) . 4 Te tahuhu o te whare (the ridgepole of the house) ...... 8 Te whariki ........ 8 N g a T o a ........ 10 Te toa Taoho (the warrior Taoho) . 12 Mahinga kai (traditional resource areas) . 13 Taunga tarawahi (naming places) . 16 He whakaoriori (a lullaby) . 19 Kaupapa (Subject) Te Tiriti o Waitangi—hei whariki (the Treaty as the mat) 23 Circumstances leading to the Treaty of Waitangi 23 The Treaty and different understandings of it 25 Changing circumstances after 1840 .... 28 Te tunga o te roopu whakamana i te Tiriti o Waitangi (our stan ce) .......................................................... 30 1 Take: Te Ao Hou (The New World) 1.1 Tauiwi (Newcomers) ..... 33 1.2 Tuku Whenua (Pre-1875 Land Sales) 39 1.3 Nga Taukumekumetanga (Points at Issue Between Crown and Claimants) 46 1.4 Rohe Potae (Boundaries) .... 50 1.5 He Whakarapopoto (The Conclusion) 52 2 Take: Nga Whenua i Hokona (Land Sales) 2.1 The Crown Resumes Land Purchasing 55 2.2 The Survey of Te Roroa Land .... 60 2.3 The Native Land Court Investigation of Title to Maunganui-Waipoua 70 2.4 The Sale of Maunganui-Waipoua . 74 2.5 Grievances Over the Sale and the Crown’s Response ..... 75 2.6 The Investigation of Title and the Sale of Waimamaku No 2 . 81 2.7 The Cession of Wairau South .... 86 3 Take: Nga Whenua Rahui (Reserves) 31 Official Attitudes and Policies 91 i 5 WTR6 Waitangi Tribunal Reports 3.2 What Land was Reserved from Sale 93 3.3 What Areas Te Roroa Believed Should Have Been Reserved 117 4 Te Wawahi tanga o te Whenua (The Fragmentation of the Land: Waipoua No 2) 4.1 The Cost of Succession and Partition 139 4.2 Sales in Waipoua No 2 1913-1923 142 4.3 Crown Attempts to Purchase Other Interests 149 4.4 Injustices in the Native Land Court System 151 4.5 Maori Complaints and Official Inquiries 154 4.6 Crown Purchases 1939-1945 158 4.7 Crown Purchases 1960-1973 159 4.8 The Prices Paid by the Crown for Waipoua No 2 Land .... 163 4.9 The Reasons for the Crown’s Proclamation 166 5 Te Manakore (Loss of Mana) 5.1 Nga Morehu (The Survivors) 171 5.2 Traditional Rights to Mahinga Kai 171 5 3 Failure to Provide Adequate Public Utilities and Services in the Waipoua Settlement 184 5.4 Did the Crown Have a Duty to Provide Legal Access and Services for the Waipoua Settlement? 207 6 Taonga (Sacred Treasures) 6.1 The C l a i m ................................... 209 6.2 Te Roroa Perspective .... 210 6.3 The European Perspective 211 6.4 Wakatupapaku 213 6.5 Wahi T a p u ........................................... 227 6.6 The Resource Management Act 1991 and the Protection of Wahi Tapu 256 7 Whakahoki Mana (Attempts at Redress and Restoration) 7.1 Nga Aureretanga (Continuous Crying): Me Nga Whakautu (Response) 263 7.2 Grievances Over the Failure to Reserve Kaharau and Te Taraire .... 264 7.3 The Acheson Inquiry 1932 267 7.4 Grievances Over the Failure to Reserve Manuwhetai and Whangaiariki 269 7.5 The Stout-Ngata Commission 270 7.6 Continuing Complaints .... 271 7.7 The Acheson Inquiry 1939 272 7.8 Beach Subdivision and Farm Settlement 277 7.9 Wero (C h a lle n g e )................................... 279 ii Te R o ro a 1992 5 WTR 7 8 He Whakamutunga (The Ending) 8.1 Findings ...... 287 8.2 Recommendations .... 292 8.3 Our Proposals to Assist Parties in Formulating Submissions on Remedies 293 Appendices Appendix 1: The C l a i m ................................... 297 Appendix 2: The Record of Inquiry 329 Appendix 3: Record of Documents 333 Appendix 4: Agreed Statement on Manuwhetai and W h a n g a ia rik i................................... 351 Appendix 5: Multiple Ownership- Some Resource Management Implications 355 Appendix 6: W h ak ap ap a ................................... 359 Appendix 7: The Members ..... 371 Glossary ............................................................. 373 I n d e x ...................................................................... 377 iii 5 WT R 8 Waitangi Tribunal Reports Te R o ro a 1992 5 WTR 9 List o f Maps and Diagram s 1 Location map of the claim area ..... viii 2 Te whare nui o Tuohu—nga tupuna, Matatina marae ........ 9 3 Battle sites and raids 11 4 Maori tracks and waterways 14 5 Maori place names ....... 17 6 Wesleyan missions and European trade and settlement ....... 34 7 Tinne’s “Plan of the Kaihu estate” .... 38 8 Diagrams of Campbell’s survey plans of Waimamaku and Wairau blocks, September 1870 42 9 From Campbell’s survey plan of Koutu, ML 2193, December 1870 ........ 43 10 Diagram of Kaihu, Opanake and Waimata blocks 45 11 Tuki Tahua’s map of New Zealand, 1793 . 51 12 Diagrams of compiled and survey plans of Waimamaku 2 block, 1875 ..... 62 13 From Weetman’s check survey of native reserves, ML 3435, 25 January 1878 64 14 Diagrams of compiled and survey plans of Maunganui block ....... 68 15 Diagrams of compiled and survey plans of Waipoua block, May 1875 71 16 Blocks and reserves within the claim area . 92 17 From Graham’s survey plan of the Taharoa Native Reserve, ML 3457, 22 March 1878 110 18 Diagrams of the Wairau wahi tapu reserve illustrating different southern boundaries 134 19 Subdivisions of Waipoua 2 block .... 144 20 Land alienations in Waipoua 2 block 145 V 5 WTR 10 Waitangi Tribunal Reports 21 Road access to Waipoua Settlement and Kawerua ....... 186 22 School sites ....... 198 23 Wahi tapu cited in the statement of claim 228 24 Logo of T R W A A C ............................................ 238 25 Crown land allocations, 1953 - 1987 248 vi Te R o ro a 1992 5 WTR 11 Preface The Te Roroa claim against the Crown, concerning Maunganui, Waipoua, Taharoa and Waimamaku, was first filed with the Waitangi Tribunal in November 1986. There have been nine sittings o f the tribunal in the period June 1989 to May 1991 held at Kaihu, Waipoua, Waimamaku and Dargaville. In addition to the evidence at the hear- ings, w e received evidence at site inspections in the claim area and at the Auckland Institute and Museum. Our report is an analysis o f the documentary and oral evidence presented to us and the issues raised by the claim. W e have completed our findings and have made recom- mendations in respect of those matters which were beyond dispute by the time the hearings were concluded. There are other matters, however, which need further consideration by the parties. For these, w e have put forward proposals as to remedies to assist the parties in their discussions. Following the hearing on 3 April 1992 at Te Waikaraka marae, Kaihu, when w e shall present the report to the claimants and the Minister o f Maori Affairs, the Honourable Douglas Kidd, a final hearing will be held to receive submissions from the parties to complete our recom- mendations. The report adopts the structure of whaikorero (oratory) as the framework for discussing both the oral and documentary evidence in this claim. vii 5 WTR 12 Waitangi Tribunal Reports Marae Rivers State Highways viii Te Tau (Introduction) Tau Hiko hiko te uira Papa te whatitiri Whakahekeheke ana mai i runga o Maunganui ra e Hei aha tera Ko te mana o Kuini pea E awhi ana Te Tiriti Ka korikori te ture whakarunga i aue Ui atu ki a Makarini me ona pononga No wai tera ture? Hei aha tera ture kore Kei te kimi tonu ake te oranga mo te iwi Maori Kei runga ranei, kei raro ranei, kei ko ranei E aue! Hi The lightning streaks the heavens The thunder rolls Descending upon Maunganui For what purpose? Perhaps it is the mana o f the Queen Lending support for the Treaty And the law is spurred into action Ask McLean and his underlings Whose law is that? It is a law not worthy of attention A livelihood for the Maori continues to be sought Is it south, is it north? Is it yonder or is it here? M ih i He toroa whakakoko e a nui atu ra.
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