Ngati Tamaoho Ngati Te Ata
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NZCA 680 BETWEEN NGĀTI TE ATA Appellant
IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA CA547/2017 [2019] NZCA 680 BETWEEN NGĀTI TE ATA Appellant AND MINISTER FOR TREATY OF WAITANGI NEGOTIATIONS First Respondent HER MAJESTY THE QUEEN Second Respondent NGĀTI TAMAOHO SETTLEMENT TRUST Third Respondent REGISTRAR-GENERAL OF LAND Fourth Respondent Hearing: 27 August 2019 (further submissions received 22 October 2019) Court: Clifford, Courtney and Wild JJ Counsel: J P Kahukiwa for Appellant S M Kinsler and T R Simpson for First and Second Respondents T T Kapea for Third Respondent No appearance for Fourth Respondent Judgment: 19 December 2019 at 4 pm JUDGMENT OF THE COURT A The appeal is dismissed. B The appellant is to pay one set of costs to the first and second respondents for a standard appeal on a band A basis and usual disbursements. ____________________________________________________________________ NGĀTI TE ATA v MINISTER FOR TREATY OF WAITANGI NEGOTIATIONS [2019] NZCA 680 [19 December 2019] REASONS OF THE COURT (Given by Clifford J) Introduction [1] For some years now, the Crown has been in the process of endeavouring to settle the historical Treaty claims of the iwi of Tāmaki Makaurau. That process has been controversial. In particular, a 2006 agreement in principle between the Crown and Ngāti Whātua Ōrākei was seen by other iwi as inimical to their interests and contrary to the Crown’s Treaty obligations to them. As part of resolving that controversy the Crown entered into a settlement deed with the group of iwi known as the Ngā Mana Whenua o Tāmaki Makaurau collective (the Collective). -
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. -
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. -
Cultural Values and Uses of the Tukituki Catchment
Te Manaaki Taiao; Te Taiwhenua o Heretaunga Cultural Values and Uses of the Tukituki Catchment Final Report May 2012 Prepared for the Hawke’s Bay Regional Council 5/16/2012 Cultural Values and Uses of the Tukituki River Catchment by Heretaunga Marae/Hapu; Cultural Impact Assessment of the Ruataniwha Water Storage and Makaroro Dam Site Projects on Heretaunga Marae/Hapu Cultural Values and Uses. INDEX MIHI 1 EXECUTIVE SUMMARY ................................................... Page 3 2 INTRODUCTION ..................................................................... Page 5 2.1 LOWER TUKITUKI RIVER: HERETAUNGA MARAE/ HAPŪ What, Why, Who, When 3 METHODOLOGY .................................................................... Page 6 3.1 CONSULTATION GUIDELINES Consultation Parameters Participants Report Constraints Report Scope Report Timeframe Results Format Context 4 RESULTS .................................................................................... Page 9 4.1 HERETAUNGA ARARAU ......................................................... Page 9 4.1.1 WHAKAPAPA 4.1.2 MARAE/ HAPŪ FEEDBACK – WHAKAPAPA 4.2 HERETAUNGA HAUKUNUI ..................................................... Page16 4.2.1 WAI-AWA 4.2.2 MARAE/ HAPŪ FEEDBACK - WAI-AWA 4.2.3 MAURI ............................................................................ Page 21 4.2.4 MARAE/ HAPŪ FEEDBACK – MAURI 4.2.5 WĀHI TAPU ............................................................................ Page 25 4.2.6 MARAE/ HAPŪ FEEDBACK - WĀHI TAPU 4.3 TE HAARO O TE KAAHU ................................................................... -
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 -
Download Supplementary
1 SUPPLEMENTARY MATERIALS FOR: 2 3 CASCADING IMPACTS OF ENVIRONMENTAL CHANGE ON 4 INDIGENOUS CULTURE 5 6 Yletyinen, J., Tylianakis, J.M., Stone, C., Lyver, P.O.B. 7 8 9 10 SUPPLEMENTARY MATERIALS TABLE OF CONTENTS: 11 12 Table S1: Description of values 13 Table S2: Most frequent values and ecosystem elements in the interview coding 14 Table S3: Node degrees in the comprehensive social-ecological value system 15 Table S4: Sensitivity of values and biophysical elements to link weight thresholds 16 17 Figure S1: Ego networks for ecosystem elements with path length two 18 Figure S2: Mean path length distribution of 1000 randomized two-mode networks 19 20 1 21 Table S1. Value descriptions. Key primary and secondary values with descriptions applied to transcripts of interviews with Ngātiwai kaumātua 22 (elders), kaitiaki (environmental guardians) and representatives, Northland, New Zealand. This study examines the secondary values, which have 23 a finer resolution. Primary value set revised from 1 and 2. 24 1° values Abbreviations 2° Values Value descriptions for 2° Values 1. Connection PTA PEOPLE TO ANCESTORS • Whakapapa (genealogy) integral to relationship with ancestors and identity • Whakapapa connects individuals with their ancestors and defines their obligations and relationships to the wider family group and their localized species and environment • Waahi tapu (sacred) sites such as burial grounds known and protected by Ngātiwai • Occupation on the land and sea links the individual with ancestors PTP PEOPLE TO PEOPLE • Whakapapa and strengthening of relationships between whānau (family) and whānaunga (extended family) • Relationships and connections between whānau, hapū (sub- tribe) and Iwi (tribe) • Building community spirit and sense of togetherness • Islands facilitate the whānaungatanga (inter-relatedness) of whānau and community • Open and respectful communications • Ngātiwai networking with other Iwi • Ngātiwai networking with the Crown (NZ government) • Ngātiwai networking with non-government organisations (e.g. -
'Be(Com)Ing' Ngāti Kahungunu in the Diaspora: Iwi Identity and Social
‘Be(com)ing’ Ngāti Kahungunu in the Diaspora: Iwi Identity and Social Organisation in Wellington Christina M. González A thesis submitted in fulfilment of a Master of Arts (MA) in Māori Studies Victoria University of Wellington Te Whare Wānanga o te Upoko o te Ika a Māui 2010 Abstract Ngāti Kahungunu is an ideal example to investigate the processes of identity management and socio-political representation within and outside of their traditional tribal territory. It is the third most populous iwi in Aotearoa/New Zealand, with approximately 60,000 members, and boundaries that span from the Wairoa district down to the Wairarapa region. Kahungunu’s complexity and dynamism are not restricted to its territorial boundaries. A large portion of Kahungunu members form expatriate tribal communities located beyond their tribal district. The Wellington region hosts the largest number of Kahungunu members dwelling outside of their tribal territory, as well as the Ngāti Kahungunu Embassy. The Embassy is an organisation which, like many other expatriate Māori tribal bodies, faces the challenges of locating and reaching its tribal members to connect them to their Kahungunu home and heritage, while simultaneously representing their particular, Wellington-specific voices. This thesis explores the ways that Ngāti Kahungunu identities are articulated, maintained and transformed by individuals and institutions in Wellington today, by analysing qualitative interviews with ten Kahungunu men and women, and a case study on the Kahungunu Embassy. Three chapters on iwi identity, home and social organisation illustrate how Kahungunu voices in Wellington can more adequately be heard, and their experiences included, in the tribe, despite their apparent geographic and cultural distance. -
Waikato and Waipā River Restoration Strategy Isbn 978-0-9922583-6-8
WAIKATO AND WAIPĀ RIVER RESTORATION STRATEGY ISBN 978-0-9922583-6-8 ISBN 978-0-9922583-7-5 (online) Printed May 2018. Prepared by Keri Neilson, Michelle Hodges, Julian Williams and Nigel Bradly Envirostrat Consulting Ltd Published by Waikato Regional Council in association with DairyNZ and Waikato River Authority The Restoration Strategy Project Steering Group requests that if excerpts or inferences are drawn from this document for further use by individuals or organisations, due care should be taken to ensure that the appropriate context has been preserved, and is accurately reflected and referenced in any subsequent spoken or written communication. While the Restoration Strategy Project Steering Group has exercised all reasonable skill and care in controlling the contents of this report, it accepts no liability in contract, tort or otherwise, for any loss, damage, injury or expense (whether direct, indirect or consequential) arising out of the provision of this information or its use by you or any other party. Cover photo: Waikato River. WAIKATO AND WAIPĀ RIVER RESTORATION STRATEGY TE RAUTAKI TĀMATA I NGĀ AWA O WAIKATO ME WAIPĀ RESTORATION STRATEGY FOREWORD HE KUPU WHAKATAKI MŌ TE RAUTAKI TĀMATA FROM THE PARTNERS MAI I TE TIRA RANGAPŪ Tooku awa koiora me oona pikonga he kura tangihia o te maataamuri. The river of life, each curve more beautiful than the last. We are pleased to introduce the Waikato and Waipā River Restoration Strategy. He koanga ngākau o mātou nei ki te whakarewa i te Rautaki Tāmata i ngā Awa o Waikato me Waipā. This document represents an exciting new chapter in our ongoing work to restore and protect the health and wellbeing of the Waikato and Waipā rivers as we work towards achieving Te Ture Whaimana o Te Awa o Waikato, the Vision & Strategy for the Waikato River.