Cultural Assessment Report – Ngati Te
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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. -
Soil Information Inventory: Patumahoe and Related Soils October 2018 Soil Information Inventory 16
Soil Information Inventory: Patumahoe and related soils October 2018 Soil Information Inventory 16 Soil Information Inventory 16: Patumahoe and related soils Compiled from published and unpublished sources by: M. Martindale (land and soil advisor, Auckland Council) D. Hicks (consulting soil scientist) P. Singleton (consulting soil scientist) Auckland Council Soil Information Inventory, SII 16 ISBN 978-1-98-858922-0 (Print) ISBN 978-1-98-858923-7 (PDF) 2 Soil information inventory 16: Patumahoe and related soils Approved for Auckland Council publication by: Name: Dr Jonathan Benge Position: Manager, Environmental Monitoring, Research and Evaluation (RIMU) Date: 1 October 2018 Recommended citation Martindale, M., D Hicks and P Singleton (2018). Soil information inventory: Patumahoe and related soils. Auckland Council soil information inventory, SII 16 © 2018 Auckland Council This publication is provided strictly subject to Auckland Council’s copyright and other intellectual property rights (if any) in the publication. Users of the publication may only access, reproduce and use the publication, in a secure digital medium or hard copy, for responsible genuine non-commercial purposes relating to personal, public service or educational purposes, provided that the publication is only ever accurately reproduced and proper attribution of its source, publication date and authorship is attached to any use or reproduction. This publication must not be used in any way for any commercial purpose without the prior written consent of Auckland Council. Auckland Council does not give any warranty whatsoever, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information or data (including third party data) made available via the publication and expressly disclaim (to the maximum extent permitted in law) all liability for any damage or loss resulting from your use of, or reliance on the publication or the information and data provided via the publication. -
Immigration During the Crown Colony Period, 1840-1852
1 2: Immigration during the Crown Colony period, 1840-1852 Context In 1840 New Zealand became, formally, a part of the British Empire. The small and irregular inflow of British immigrants from the Australian Colonies – the ‘Old New Zealanders’ of the mission stations, whaling stations, timber depots, trader settlements, and small pastoral and agricultural outposts, mostly scattered along the coasts - abruptly gave way to the first of a number of waves of immigrants which flowed in from 1840.1 At least three streams arrived during the period 1840-1852, although ‘Old New Zealanders’ continued to arrive in small numbers during the 1840s. The first consisted of the government officials, merchants, pastoralists, and other independent arrivals, the second of the ‘colonists’ (or land purchasers) and the ‘emigrants’ (or assisted arrivals) of the New Zealand Company and its affiliates, and the third of the imperial soldiers (and some sailors) who began arriving in 1845. New Zealand’s European population grew rapidly, marked by the establishment of urban communities, the colonial capital of Auckland (1840), and the Company settlements of Wellington (1840), Petre (Wanganui, 1840), New Plymouth (1841), Nelson (1842), Otago (1848), and Canterbury (1850). Into Auckland flowed most of the independent and military streams, and into the company settlements those arriving directly from the United Kingdom. Thus A.S.Thomson observed that ‘The northern [Auckland] settlers were chiefly derived from Australia; those in the south from Great Britain. The former,’ he added, ‘were distinguished for colonial wisdom; the latter for education and good home connections …’2 Annexation occurred at a time when emigration from the United Kingdom was rising. -
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. -
The State of Air Quality in New Zealand Commentary by the Parliamentary Commissioner for the Environment on the 2014 Air Domain Report
The state of air quality in New Zealand Commentary by the Parliamentary Commissioner for the Environment on the 2014 Air Domain Report March 2015 2 Acknowledgements The Parliamentary Commissioner for the Environment would like to express her gratitude to those who assisted with the research and preparation of this report, with special thanks to her staff who worked so tirelessly to bring it to completion. Photography Cover image courtesy of NASA This document may be copied provided that the source is acknowledged. This report and other publications by the Parliamentary Commissioner for the Environment are available at: www.pce.parliament.nz 3 Contents Contents 3 Overview 5 1 Introduction 9 3 1.1 The reason for and purpose of this commentary 11 1.2 Air pollution in New Zealand – the basics 12 1.3 The 2014 Air Domain Report 14 1.4 What comes next 15 2 Assessing the 2014 Air Domain Report 17 2.1 A clear conclusion on the state of each domain 18 2.2 Indicators and other data – relevance and limitations 20 2.3 Reporting on location – where is air quality an issue? 21 2.4 Dealing with variation and uncertainty 21 2.5 Vehicle emissions – what is really happening with NOX? 22 2.6 The modelling of health impacts 23 2.7 Natural sources of pollutants 24 2.8 In conclusion 24 3 A closer look at particulate pollution 25 3.1 PM10 – How well is New Zealand doing? 26 3.2 PM2.5 – How well is New Zealand doing? 28 3.3 More on the WHO guidelines 30 3.4 Looking back and forward 34 3.5 In conclusion 38 4 Managing particulate pollution 39 4.1 Perceptions about particulate pollution 40 4.2 Keeping homes warm and dry 44 4.3 The other ‘air problem’ – greenhouse gases 46 5 Conclusion and recommendations 49 5.1 Improve environmental reporting 50 5.2 Review the PM10 rule 51 Notes 54 References 61 4 5 Overview I grew up in Christchurch when it was a city running on coal from the West Coast. -
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. -
In the High Court of New Zealand Auckland Registry I Te Kōti Matua O Aotearoa Tāmaki Makaurau Rohe Civ-2013-404-5224 [2018] Nz
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CIV-2013-404-5224 [2018] NZHC 2550 BETWEEN TE ARA RANGATU O TE IWI O NGATI TE ATA WAIOHUA INCORPORATED First Plaintiff AND RIKI MINHINNICK Second Plaintiff AND THE ATTORNEY GENERAL OF NEW ZEALAND for/on behalf of the CROWN First Defendant CONTINUED OVERLEAF Hearing: 21 – 22 May 2018 Appearances: No appearance by or on behalf of the plaintiffs S Kinsler and S Tandon for First Defendant J Hodder QC, T Smith and A Wicks for Second and Third Defendants/Counterclaim Plaintiffs H Wilson and J Taylor for Counterclaim Defendant Judgment: 28 September 2018 JUDGMENT OF POWELL J This judgment was delivered by me on 28 September 2018 at 4.30 pm pursuant to R 11.5 of the High Court Rules Registrar/Deputy Registrar Date: TE ARA RANGATU O TE IWI O NGATI TE ATA WAIOHUA INCORPORATED & ORS v THE ATTORNEY GENERAL OF NEW ZEALAND for/on behalf of the CROWN & ORS [2018] NZHC 2550 [28 September 2018] AND NEW ZEALAND STEEL LIMITED Second Defendant AND WAIKATO NORTH HEAD MINING LIMITED Third Defendant AND HERITAGE NEW ZEALAND POUHERE TAONGA Counterclaim Defendant [1] The counterclaim plaintiffs, New Zealand Steel Ltd and Waikato North Head Mining Ltd (“New Zealand Steel”), mine ironsands on land known as Maioro, located on the North Head of the Waikato River. The ironsands are mined pursuant to a Deed of Licence from the Crown dated 3 June 1966 (“the Licence”), with mining operations ongoing since 1968.1 [2] The Licence was issued under the Iron and Steel Industry -
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 .......................................................................... -
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.