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Turanga Tangata Turanga Whenua

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Turanga Tangata Turanga Whenua TURANGA TANGATA TURANGA WHENUA TURANGA TANGATA TURANGA WHENUA TheReportonthe Turanganui a Kiwa Claims VOLUME II WAI 814 WAITANGI TRIBUNAL REPORT 2004 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 1-86956-275-5 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 CONTENTS Volume i Letter of transmittal . xiii Executive summary . xv Chapter 1: The Inquiry 1.1 Introduction. 2 1.2 The interlocutory process . 2 1.3 Hearings . 3 1.4 Historical evidence . 4 1.5 Inquiring into mandate . 5 1.6 Inquiry boundary . 9 Chapter2:TuranganuiaKiwa:TheClaimants 2.1 Distinctions between claimant groups . 12 2.2 ‘Hapu or iwi’ communities . 14 2.3 Community rights in land . 16 2.4 The principal Turanga claimants . 19 2.5 Concluding comments . 38 Chapter 3: Waerenga a Hika: ‘The Hinge of Fate’ in Turanga 3.1 Introduction . 39 3.2 1840 to 1865: whose Turanga? . 43 3.3 Waerenga a Hika . 62 3.4 Crown and claimant cases . 94 3.5 Tribunal analysis and findings . 104 Chapter 4: East Coast Legislation 4.1 Introduction . 125 4.2 Early confiscation policy in Turanga . 128 4.3 Crown and claimant cases. 158 4.4 Tribunal analysis and findings . 161 v Contents Chapter 5: The Story of Te Kooti and the Whakarau 5.1 Introduction . 169 5.2 The detention of Turanga Maori on Wharekauri. 171 5.3 Crown and claimant cases on the detention of the Whakarau . 189 5.4 Tribunal analysis and findings . 192 5.5 The Whakarau and Turanga . 195 5.6 Crown and claimant cases on the return of the Whakarau and the attacks at Matawhero . 207 5.7 Tribunal analysis and findings . 210 5.8 Ngatapa, January 1869 . 219 5.9 Crown and claimant cases on Ngatapa . 227 5.10 Tribunal’s analysis on Ngatapa . 229 5.11 Tribunal findings . 244 5.12 Epilogue. 248 5.13 The Claim by Nga Uri o Te Kooti. 251 Chapter 6: Turanga Deed of Cession 1868/Crown Retained Lands 6.1 Introduction . 253 6.2 Turanga deed of cession, 1868 . 256 6.3 Who ceded for whom? . 269 6.4 The Crown’s retained lands . 273 6.5 The claim of Joseph Anaru Hetekia Te Kani Pere on behalf of Te Whanau a Wi Pere and others . 324 6.6 Compensation for the Patutahi cession . 327 6.7 Conclusion . 338 Chapter 7: The Poverty Bay Commission, 1869–73 7.1 Introduction . 339 7.2 Adjudicating claims to the returned lands: process and jurisdiction . 342 7.3 An instrument of punishment . 350 7.4 Cleaning up past mistakes – the commission validates settler titles. 368 7.5 Specific claim – the Wi Pere Whanau and the Pouparae block . 376 7.6 Transforming customary title . 379 7.7 1873: the end of the Poverty Bay Commission . 388 7.8 The Significance of the Work of the Commission . 392 Volume i i Chapter 8: The Native Land Court and the New Native Title 8.1 Introduction . 395 8.2 The Native Land Court as adjudicator . 407 8.3 The individualisation of Maori title . 426 vi Contents Chapter 8: The Native Land Court and the New Native Title—continued 8.4 Was the Native Land Court system simple and efficient while providing adequate safeguards for Maori in land dealings? . 446 8.5 Did the new title system result in Maori alienating more land in Turanga than if community title had been recognised from the outset? If that was the effect, did the Crown intend it? . 469 8.6 Conclusions and the Treaty . 533 Chapter9:ThePriceofCommunityControl:TheTurangaTrustLands, 1878–1955 9.1 Introduction . 539 9.2 The history of the trusts . 540 9.3 Crown and claimant cases . 549 9.4 Tribunal analysis and findings . 551 9.5 What was the long-term impact on Turanga iwi of the failure of successive initiatives by Rees and Pere? . 568 Chapter 10: Te Hau ki Turanga 10.1 Introduction . 587 10.2 The Crown’s acquisition of Te Hau ki Turanga. 589 10.3 The ownership of Te Hau ki Turanga . 598 10.4 The custodial history of Te Hau ki Turanga since Crown acquisition . 602 10.5 Current management . 605 Chapter 11: The Trial of Hamiora Pere 11.1 The trials . 610 11.2 Tribunal analysis and findings . 622 Chapter 12: Public Works 12.1 Introduction . 627 12.2 The Crown’s ability to take Maori land under public works legislation. 627 12.3 Public works takings in the Turanga district – some examples. 631 12.4 The Crown and claimant cases. 645 Chapter 13: Rates 13.1 Introduction . 649 13.2 Maori and rating law – a brief background . 649 13.3 Rates – a cause of the loss of Maori land at Turanga? . 651 13.4 The Crown’s case. 652 13.5 The claimants’ case. 653 13.6 Tribunal analysis and findings . 653 13.7 Rates – the Cookson claim . 653 vii Contents Chapter 14: Mangatu Title Determination – The Ngariki Kaiputahi Story 14.1 Introduction . 659 14.2 Jurisdiction . 661 14.3 The Ngariki Kaiputahi case. ..
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