Iwi Interests in the Marlborough Sounds David A. Armstrong Historyworks July, 2011

Home , Marlborough Sounds, Rangitane, Taranaki (iwi), Wairau Affray

David A. Armstrong HistoryWorks July, 2011

Table of Contents

1. Introduction ...... 1 2. Location Maps ...... 2 3. Executive Summary ...... 4 4. The Kurahaupo Iwi - Ngati Apa, Ngati Kuia and Rangitane ...... 6 5. Kawhia/Taranaki Iwi Migrations and Conflict with the Kurahaupo Tribes ..... 8 6. The Tuku and its Boundaries ...... 9 7. The Kawhia/Taranaki Tribes Invade the South Island ...... 14 8. The Impact of Kawhia/Taranaki Invasions on the Kurahaupo Iwi ...... 17 9. Relative Iwi Interests in Proposed Salmon Farm Sites ...... 23 References ...... 24 1. Introduction

1. My name is David Anderson Armstrong. I hold a Bachelor of Arts (Hons) in history and a Bachelor of Laws degree from Victoria University of Wellington. I am currently a Director of HistoryWorks Ltd, a Wellington-based research company.

2. Since 1989 I have worked as a professional historian, specialising in historical Treaty of Waitangi claim research. I have carried out research on behalf of two iwi in the top of the South Island, Rangitane and Ngati Apa, and presented evidence on behalf of these iwi to the Waitangi Tribunal in 2003. More recently I have assisted Ngati Apa and Rangitane in their Treaty claim settlement negotiations. I have also presented evidence to the Environment Court (in August 2010) in respect of the King Salmon White Horse Rock resource consent application.

3. This report was commissioned by New Zealand King Salmon. King Salmon is seeking a private plan change in respect of a number of specific sites in the Marlborough Sounds, located at Waitata Reach (Waitata, Kaitira, Tapipi, Richmond), Port Gore (Papatua), Queen Charlotte Sound (Kaitapeha, Ruaomoko), and Tory Channel (Ngamahau), in order to develop new salmon farms.

4. In my capacity as a professional historian, I have been asked by King Salmon to provide an independent report that:

i) identifies the iwi who claim or possess customary rights in areas associated with the proposed salmon farms ii) explains the nature and extent of those customary rights.

5. I do not speak Maori, and have no expertise in Maori oral traditions of the northern South Island. My area of expertise is the analysis of documentary records. I have relied in particular on volume I of the Waitangi Tribunal's 2008 Te

1 Tau Ihu o te Waka a Maui Report on Northern South Island Claims (which deals extensively with customary interests), volume I of the Mitchells' Te Tau Ihu o te Waka, A History of Maori of Nelson and Marlborough, evidence presented to the Tribunal by various iwi during the hearing process and Native Land Court minutes. While I have no expertise in Maori oral tradition, I note that these sources all record and discuss oral traditions. A full list of my sources can be found in the reference section below.

2. Location Maps

Source: Te Ara - Encyclopaedia of New Zealand

3 3. Executive Summary

6. There are eight iwi who may claim customary interests in the proposed salmon farm sites in Waitata Reach, Port Gore, Queen Charlotte Sound and Tory Channel. Three of these iwi - Rangitane, Ngati Kuia and Ngati Apa - trace their descent from the Kurahaupo waka, and can be termed 'Kurahaupo iwi'. They have been in occupation of the Marlborough Sounds since the sixteenth or seventeenth centuries.

7. The main Ngati Apa areas of interest are in the west (Golden Bay and the northern West Coast), but they also occupied Tarakaipa Island (Tennyson Inlet) and Anamahanga (Port Gore). Ngati Kuia occupied Pelorus Sound, Tawhitinui Reach and Waitata Reach. Rangitane occupied Queen Charlotte Sound and Tory Channel. There was some overlap of Rangitane and Ngati Kuia interests in Queen Charlotte Sound. Ngati Kuia and Rangitane were also linked to Port Gore through the Kupe traditions associated with that place. Ngati Apa, Ngati Kuia and Rangitane can all trace whakapapa (genealogical) connections to Kupe.

8. The five other iwi invaded the northern South Island under the leadership of Te Rauparaha in the 1820s and 1830s. These tribes may be termed 'Kawhia/Taranaki' iwi. They are Ngati Toa, Ngati Koata, Ngati Rarua, Ngati Tama and Te Atiawa. They defeated the Kurahaupo tribes and occupied the northern South Island, including the Marlborough Sounds.

9. The Kawhia/Taranaki tribes who settled in the Marlborough Sounds and established customary rights (based on conquest and subsequent occupation) were Ngati Toa and Te Atiawa. Ngati Toa were strongly associated with the Pelorus/Tawhitinui Reach/Waitata Reach area. Te Atiawa were strongly associated with Queen Charlotte Sound and Tory Channel. Ngati Toa and Te Atiawa both occupied the Tory Channel area.

10. Ngati Koata occupation was confined to D'Urville Island, the adjacent coastline and areas to the west. Ngati Rarua are principally associated with the Wairau

4 district (not including the Marlborough Sounds), Motueka and the West Coast. Ngati Tama settled in Tasman Bay, Golden Bay and the West Coast.

11. The Waitangi Tribunal has found that despite their defeat and subjugation, the Kurahaupo tribes remained on the land and retained a range of customary rights. Later they were able to reassert and strengthen their interests, and two iwi (Ngati Kuia and Rangitane) achieved recognition in two Crown purchase deeds in 1856. The Crown has recently acknowledged that Ngati Apa were wrongly omitted from these transactions. Ngati Apa did, however, achieve some recognition of their interests in Port Gore at an 1889 Native Land Court hearing.

12. Kurahaupo iwi areas of interest, as they relate to the sites of proposed salmon farms, are as follows:

Area of Proposed Salmon Farm Sites Kurahaupo Iwi Interests Waitata Reach Ngati Kuia Port Gore (Anamahanga) Ngati Apa, Ngati Kuia, Rangitane Queen Charlotte Sound Ngati Kuia, Rangitane Tory Channel (Totaranui) Rangitane

13. Kawhia/Taranaki iwi areas of interest, as they relate to the sites of proposed salmon farms, are as follows:

Area of Proposed Salmon Farm Sites Kawhia/Taranaki Iwi Interests Waitata Reach Ngati Toa Port Gore (Anamahanga) Te Atiawa Queen Charlotte Sound Te Atiawa, Tory Channel (Totaranui) Te Atiawa, Ngati Toa

14. The Kurahaupo and Kawhia/Taranaki tribes with interests in the proposed salmon farm sites are (in no particular order):

5 Area of Proposed Salmon Farm Sites Iwi Interests Waitata Reach Ngati Toa, Ngati Kuia Port Gore (Anamahanga) Te Atiawa, Ngati Apa, Ngati Kuia, Rangitane Queen Charlotte Sound Te Atiawa, Ngati Kuia, Rangitane Tory Channel (Totaranui) Te Atiawa, Ngati Toa, Rangitane

15. It is difficult to identify a 'hierarchy' of interests or otherwise prioritise customary rights. In addition, all customary interests and associations, whatever their basis and however large or small, are important. Nevertheless, the evidence permits a conclusion that from the 1830s Ngati Kuia and Ngati Toa were associated with Waitata Reach. Ngati Apa and Te Atiawa were associated with Port Gore, while Te Atiawa and Rangitane were associated with Queen Charlotte Sound and Tory Channel. It should be emphasised that no single iwi has exclusive interests in any of the proposed salmon farm site areas.

16. One matter of contention concerns a possible Ngati Koata claim to have interests in Waitata Reach. A number of historians, and the Waitangi Tribunal, have stated that Ngati Koata interests extended into Waitata Reach and the Pelorus Sound as a result of the tuku (a gift of use and occupation rights) of the Kurahaupo chief Tutepourangi. This is based on a misreading of the evidence. The tuku extended from Clay Point (the eastern entrance to Admiralty Bay, to the north of Port Ligar) to the west. It did not include Waitata Reach or Pelorus Sound. Ngati Koata customary rights, associations and interests established through the tuku did not extend east of Clay Point, and they have no interests in the Waitata Reach.1

4. The Kurahaupo Iwi - Ngati Apa, Ngati Kuia and Rangitane

17. Ngati Apa, Ngati Kuia and Rangitane all trace their descent from the crew of the Kurahaupo waka. They began to occupy the Marlborough Sounds and the wider

1 Ngati Koata interests in Waitata Reach was fully explored in a brief of evidence which I presented to the Environment Court in August 2010 in connection with New Zealand King Salmon's White Horse Rock resource consent application. Some of the matters traversed in that brief are repeated below.

6 northern South Island region in the sixteenth and seventeenth centuries, gradually conquering and assimilating the people they found there (including Ngati Tumatakokiri, Ngati Wairangi and Ngati Tara).2 By the end of the eighteenth century the Kurahaupo iwi controlled a vast area stretching from the Wairau (the Marlborough district) and the Marlborough Sounds to the northern West Coast of the South Island.

18. Shared Kurahaupo origins and whakapapa connections resulted in a range of overlapping and intersecting customary associations, rights and interests. While Ngati Apa resided at Port Gore and have a very close connection with that area, Ngati Kuia and Rangitane also have associations through overlooking maunga (mountains) and strong Kupe traditions associated with Port Gore and its environs.

19. While it is not possible to define these rights by lines fixed on maps, primary Ngati Apa, Ngati Kuia and Rangitane interests in the Marlborough Sounds can be identified with reasonable accuracy. These interests are summarised in the following table. It should be stressed that When Kurahaupo people referred to 'Pelorus' they were describing a much broader area than what is known today as Pelorus Sound. For them 'Pelorus' extended from the mouth of the Pelorus River and included what is currently known as Pelorus Sound, the Tawhitinui Reach and the Waitata Reach. This broader area was (and is) often referred to by them as 'Te Hoiere'.

Iwi Marlborough Sounds Area of Interest Rangitane Strongly associated with the Wairau, Queen Charlotte Sound (Totaranui), Tory Channel, and shared the Kaituna River Valley and Totaranui with Ngati Kuia.3 Links with Port Gore through the strong Kupe traditions associated with that

2 Waitangi Tribunal. Te Tau Ihu o te Waka a Maui Report on Northern South Island Claims. 2003. Vol. 1. 27. 3 Waitangi Tribunal. 29.

7 Iwi Marlborough Sounds Area of Interest place.

Ngati Kuia Strongly associated with Te Hoiere (Pelorus River, Pelorus Sound, Tawhitinui Reach, Waitata Reach) and Rangitoto (D'Urville Island, and shared the Kaituna River Valley and Totaranui with Rangitane.4 Links with Port Gore through the strong Kupe traditions associated with that place.

Ngati Apa Interests extended from Wakatu (Nelson) to the west, but they also maintained a strong presence in the outer Sounds, including Anamahanga (Port Gore). 5

5. Kawhia/Taranaki Iwi Migrations and Conflict with the Kurahaupo Tribes

20. The Kurahaupo pattern of occupation in the Marlborough Sounds, which had remained relatively stable for some time, was significantly disrupted in the 1820s and 1830s by the arrival of migrant people from Kawhia and Taranaki - Ngati Toa, Ngati Rarua, Ngati Tama, Te Atiawa and Ngati Koata.

21. This process had its genesis in around 1820, when the Kawhia/Taranaki iwi, under the leadership of Te Rauparaha, began to move south into the Rangitikei, Manawatu and Horowhenua districts of the lower North Island. This area was occupied by Muaopoko and other iwi related to the Kurahaupo tribes of the

4 Waitangi Tribunal. 29. 5 Waitangi Tribunal. 29.

8 northern South Island. The South Island Kurahaupo iwi were drawn into the conflict between their Muaopoko relations and the Kawhia/Taranaki iwi.

22. In 1824 the Kurahaupo tribes led an assault on Te Rauparaha's base on Kapiti Island. They were heavily defeated and withdrew back to the South Island. One of the leaders of the South Island Kurahaupo war party was Tutepourangi, a senior rangatira. During the battle, or its immediate aftermath, Tutepourangi was captured by Ngati Koata. Kurahaupo warriors had captured a young Ngati Koata man of chiefly status named Tawhe, and took him back to the South Island.6

23. Ngati Koata then travelled to the South Island where a 'prisoner exchange' involving Tutepourangi and Tawhe took place. Tutepourangi then sought to protect his people from retaliation by Te Rauparaha by making a customary gift of land (tuku whenua) to Ngati Koata. This tuku, which was arranged on Rangitoto, permitted Ngati Koata and Kurahaupo iwi to share the land and resources within the boundaries of the tuku, and both parties assumed mutual rights and responsibilities. The arrangement was confirmed by a series of marriage alliances.7

6. The Tuku and its Boundaries

24. A number of historians, and the Waitangi Tribunal, have claimed that the tuku of Tutepourangi commenced at the mouth of the Pelorus River and extended west to include Rangitoto, and on into Tasman Bay and across to Te Matau a Maui (Separation Point).8 The inclusion of Te Hoiere (which encompassed Pelorus Sound, Waitata Reach and Tawhitinui Reach) within the boundaries of the tuku is based on a misreading of statements made by Meihana Kereopa, a Kurahaupo rangatira who gave evidence at an 1892 Native Land Court which was hearing evidence on the ownership of beneficial interests in the New Zealand Company's

6 Waitangi Tribunal. 33. 7 Campbell, S. K. L. 'A Living People'. Ngati Kuia and the Crown, 1840-1856. March, 2000. 22-23; Waitangi Tribunal, 32-33. 84; Ballara, A. Customary Maori Land Tenure in Te Tau Ihu (The Northern South Island) 1820-1860. February, 2001. 79-80. 95. 8 Phillipson, G. A. Northern South Island District Report (District 13). Waitangi Tribunal Division: Rangahaua Whanui Series. June, 1995. 21.

9 'tenths reserves' situated within the tuku boundaries at Nelson and Motueka. According to the Court minutes Kereopa stated that the tuku 'commenced at Anatoto at the mouth of the Pelorus Estuary', and included Kaionui, Te Pukatea, Karaeonui, Anaru, Waikawa, Taratarakina, Waohorea, Kaiaua, Otakihono, Te Whakakitenga, Whangarae, Te Matapihi, Cape Soucis, Whangamoa, Whakapuaka, Whakatu, Waimea, Motueka and Te Matau.9

25. Kereopa's evidence was given in Maori and translated into English by the Court recorder. In Maori the key word he used would have been wahapu, which can be translated as estuary or the mouth of a river. But it can also mean the mouth or entrance to a bay or harbour.10 The Court recorder chose to render wahapu as 'estuary'. This has encouraged more recent writers to identify 'Anatoto at the mouth of the Pelorus estuary' to be the mouth or estuary of the Pelorus River, which has resulted in a significant extension of the eastern boundary of the tuku. Anatoto is, however, not located anywhere near the Pelorus River, but is in fact Clay Point, which divides Admiralty Bay and Te Hoiere.11 For Kereopa 'Pelorus' was not the sound or the river, but was rather Te Hoiere, a much more extensive area, and Anatoto marked the entrance to it.

26. A number of the places listed by Kereopa in 1892 as being included in the tuku can be identified with reference to local histories, especially Peart and Insull. Te Pukatea is in Admiralty Bay. Karaeonui is in Whangarae. Taratarakina is a point just south of Okuri Bay (south of French Pass). Kaiaua is in the Croisilles Harbour in the vicinity of Squally Bay. Te Whakakitenga is in Squally Bay. Whangarae, Te Matapahi, Cape Soucis, Whangamoa, Whakapuaka, Whakatu, Waimea, Motueka and Separation Point are all well to the west of Te Hoiere.12

9 Waitangi Tribunal. 34; Nelson Minute Book 2. 308-309. 10 Ngata, H. M. English-Maori Dictionary. 1993; Williams, H. W. A Dictionary of the Maori Language. 1988. 11 See also Smith, S. P. The History and Traditions of the Taranaki Coast. Journal of the Polynesian Society. Vol. 18. No,. 4. 1909. Ch. XVI ('Conquest of Tasman Bay'). 195. 12 Another place named Kaiaua can also be found in Waitaka Bay near Havelock, but it is clear that this was not the location referred to by Kereopa. It makes no sense for the chief to have included one relatively insignificant place in Pelorus in a list of placenames otherwise confined to the area west of Anatoto.

10 27. If Te Hoiere was included in the tuku Kereopa would have named locations there, especially as a number of significant Ngati Kuia settlements and resource areas were to be found throughout Te Hoiere, and because of its great importance to Ngati Kuia.

28. The evidence of Ihaka Tekateka at the 1892 Court hearing confirms that Te Hoiere was not included in the tuku.13 Tekateka was appearing as a witness for Ngati Koata, although he was of mixed Ngati Kuia/Ngati Koata descent, being the product of one of the peacemaking marriage alliances which were arranged after the tuku. He identified Rangitoto as the starting point of the tuku. Tekateka told the Court that 'on reaching Rangitoto Tutepourangi gave all his land to Ngatikoata and Ngatitoa. The boundaries of this tuku commenced at Rangitoto and went to... the west... on to Te Matau' (i timata i Rangitoto tae atu ki te Matau).14 He added that 'Ngati Koata's places of occupation after the tuku were all west of Te Hoiere, including Nelson, Waimea, Moutere, Motueka and on to Matau a Maui and Rangitoto.15 Pamariki Paaka of Ngati Koata also stated in his evidence that the tuku went from 'Rangitoto to Separation Point'.16

29. Tekateka and Paaka went on to describe how the Ngati Koata chiefs and Tutepourangi later visited all the main settlements within the tuku area to formalise and cement the arrangement with local Kurahaupo communities. This exercise was known as 'takahia te whenua'. According to the Waitangi Tribunal, it was a process of Ngati Koata 'setting their feet on the land and making peace with the local chief'.17 According to Tekateka the places visited were Whitikareao, Te Raiti, Whangamoa, Whakapuaka, Whakatu, Horoirangi, Waimea, Motueka and on the Separation Point'. I cannot identify Te Raiti, but Whitikareao is in the Whangarae area, west of Clay Point. Whangamoa, Whakapuaka, Whakatu, Horoirangi, Waimea and Motueka are all west of Rangitoto. There is no reference here to any visit by Ngati Koata chiefs to the large and numerous Kurahaupo

13 Campbell. 15. 14 Bassett, H and Kay, R. Nga Ture Kauponga o Ngati Koata ki te Tonga, c1820-1950. February, 2000. 20; Nelson Minute Book 2. 253-255. 15 Nelson Minute Book 2. 253. 16 Nelson Minute Book 2. 266. 17 Waitangi Tribunal. 34.

11 settlements in Te Hoiere as part of this important and necessary customary exercise. 18

30. During the 1892 case Herewini Ngapiko of Ngati Rarua also told the Court that as a result of a hui at Te Awaiti in 1831 or 1832, when the land was divided among the conquering iwi, 'Ngati Toa got the... Pelorus district', and Ngati Koata 'got Rangitoto'.19

31. The Waitangi Tribunal at first states that the tuku included Te Hoiere, but later in a more detailed discussion of Kawhia/Taranaki interests the Tribunal provides a more accurate description, noting that 'ahi kaa' (fires of occupation) were 'lit by Ngati Toa as far west as Te Hoiere', while to the west, at Whangarae (Croisilles), their 'influence shaded into that held by Ngati Koata'.20 Ngati Toa, the Tribunal adds, were the main conquerors of the Te Hoiere area and had settlements there.21 According to Ballara, Ngati Toa occupied the Pelorus Sound, among other places, and in around 1840 the Ngati Tumania hapu of Ngati Toa under Rawiri Puaha were resident at Te Hoiere.22

32. Phillipson states that there is some doubt as to the location of Ngati Koata's boundary with Ngati Toa at the point where their interests 'interceded Ngati Toa's rights in Te Hoiere'. He adds that there may have been some occupation of Te Hoiere by Ngati Koata, but definite tribal ascription is difficult because of the unreliability of colonial commentators and a close relationship between Ngati Koata and Ngati Toa. 23

33. No evidence which I have seen indicates a distinct or permanent Ngati Koata presence in Te Hoiere. Ngati Koata people may well have resided in the area from time to time, but this was most likely because they had a close whakapapa relationship with Ngati Toa and were able to access the resources of Te Hoiere or

18 Waitangi Tribunal. 34; Bassett Kay. 172; Nelson Minute Book 2. 255-256. 19 Nelson Minute Book 2. 173-174. 229; Waitangi Tribunal. 43-44. 20 Waitangi Tribunal. 53. 21 Waitangi Tribunal. 58. 22 Ballara. 174-175. 178-179. 23 Phillipson. 30-31.

12 reside there not as Ngati Koata people but rather through their Ngati Toa whakapapa connections. It is notable that when Crown officials visited Te Hoiere in 1854 in connection with a Crown purchase - to identify tribal interests and lay off reserves - they did not record a distinct Ngati Koata presence. Nor did Ngati Koata seek reserves in Te Hoiere or claim land or other interests there when selling land to the Crown. Instead Ngati Koata sought reserves on the mainland opposite or adjacent to Rangitoto, in an area which was always their main sphere of occupation and influence.

34. In evidence presented to the Waitangi Tribunal in 2001 Puhanga Patricia Tupaea of Ngati Koata stated that the tuku commenced at Clay Point (Te Anatoto).24 In their evidence for Ngati Koata the historians Bassett and Kay at first include 'Pelorus' within the boundaries of the tuku25, but subsequent references in their report describe the tuku as extending west from Rangitoto.26 Bassett and Kay emphasise that the main Ngati Koata settlements were at Croisilles, French Pass and Rangitoto, and the iwi was traditionally associated with the coastline, 'particularly... at Rangitoto, Croisilles, Whakapuaka, Whakatu, Waimea, Motueka, and Te Matau'.27 There is no mention of Te Hoiere or Pelorus.

35. Bassett and Kay also cite archaeological evidence of large gardens at the mouth of Pelorus Sound in their discussion of Ngati Koata occupation sites.28 There is, however, no way of knowing from the archaeological evidence if Ngati Koata occupied these areas, which, as Bassett and Kay go on to observe, were under cultivation by Kurahaupo people at the time of Ngati Koata's first arrival in the area.29 There is no doubt that the main Ngati Koata cultivations were on Rangitoto, a centre of trade with whalers who frequented the island.30 All

24 Waitangi Tribunal. 37. 25 Bassett Kay. 12-13. 34. 26 Bassett Kay. 173. 176-177. 256. 27 Bassett Kay. 21. 33. 35. 28 B asset Kay. 24. 29 Bassett Kay. 24. 30 Bassett Kay. 26.

13 accounts of Ngati Koata trading activities in the 1830s identify Rangitoto as the base of operations.31

36. In summary, after the Kurahaupo defeat in 1824 and the tuku which followed, Ngati Kuia occupation of the Te Hoiere area, including Waitata Reach and Tawhitinui Reach, was undisturbed. I can find no evidence of Ngati Koata occupation of this area at the time of the tuku or subsequently.

7. The Kawhia/Taranaki Tribes Invade the South Island

37. Despite the peaceful accommodation arrived at between Ngati Koata and the Kurahaupo iwi, cemented by the tuku of Tutepourangi, a series of devastating attacks conducted by other Kawhia/Taranaki iwi soon followed. Ngati Koata who were resident in the South Island at this time did not participate in the fighting in conformity with the terms of their tuku.

38. By the early-1830s the Kurahaupo tribes had been heavily defeated, and their major pa, including those in the Marlborough Sounds, had been captured and sacked. Kawhia/Taranaki iwi rights were based on their conquest (raupatu) and subsequent occupation of the land.

39. By the mid-1830s a reasonably stable pattern of Kawhia/Taranaki occupation in the northern South Island had been established. Although Kawhia/Taranaki interests (like those of the Kurahaupo iwi) overlapped and intersected and cannot readily be defined on maps, the main 'area of interest' of each of the invading iwi (agreed at Te Awaiti in 1831 or 1832) can be defined with reasonable accuracy. The following table is based on the Tribunal's analysis of Kawhia/Taranaki interests and what I consider to be the correct boundaries of the tuku, as discussed above.

Area of Interest Kawhia/Taranaki Iwi Association

31 Bassett Kay. 26-28. Ballara. 27. 96.

14 Area of Interest Kawhia/Taranaki Iwi Association From Clay Point (the tuku boundary), French Ngati Koata Pass and Rangitoto towards the west, including Tasman Bay Wairau, Cloudy Bay, Kaituna, Te Hoiere Ngati Toa (including Pelorus Sound, Waitata Reach and Tawhitinui Reach), Tory Channel.

Arapaoa (Arapawa) Island and Queen Te Atiawa Charlotte Sound (Totaranui), Tory Channel, Port Gore (Anamahanga), Motueka, the West Coast.

Wairau, Cloudy Bay, Motueka, the West Ngati Rarua Coast.

Tasman and Golden Bays, the West Coast. Ngati Tama

40. This generally accords with an identification of post-invasion Kawhia/Taranaki interests provided by Mitchell and Mitchell. The only disagreement I have with the Mitchells' analysis is their identification of Ngati Koata interests in the 'outer Pelorus Sounds', which presumably includes areas east of Clay Point, and their location of Ngati Toa interests in what they describe as the 'Inner Sounds'. This does not accord with the evidence. As noted, Ngati Koata interests were located west of the eastern tuku boundary at Clay Point, and Ngati Toa interests extended into Te Hoiere, including Pelorus Sound, Tawhitinui Reach and Waitata Reach.

41. The Mitchells' identification of Kawhia/Taranaki iwi interests after their invasions is summarised below.32

32 Mitchell, H and Mitchell, J. Te Tau Ihu O Te Waka. A History of Maori of Nelson and Marlborough. Volume I. Te Tangata Me Te Whenua - The People and the Land. 2004. 139.

15 Area Kawhia/Taranaki Iwi Association Wairau, Port Underwood Ngati Toa, Ngati Rarua Queen Charlotte Sound Te Atiawa Tory Channel Ngati Toa, Te Atiawa Rangitoto and 'outer Pelorus' Ngati Koata 'Inner Pelorus', Kaituna Ngati Toa Croisilles, Te Hora Ngati Koata, Ngati Toa Tasman Bay Ngati Tama, Ngati Koata, Ngati Rarua, Te Atiawa Golden Bay and West Coast Ngati Rarua, Ngati Tama, Te Atiawa

42. Ngati Toa associations with a range of places and sites in the Marlborough Sounds have recently been recognised by the Crown in connection with Treaty claim settlement negotiations. These include Waihinau Bay (south of Port Ligar), Elaine Bay, the Pelorus River, Queen Charlotte Sound, the Chetwode Islands and Arapawa Island (Malcolm's Bay).33

43. The other Kawhia/Taranaki claimants formed a collective to negotiate their Treaty settlements with the Crown. This collective - known as Tainui Taranaki ki te Tonga (TTKTT) - consists of Te Atiawa, Ngati Tama, Ngati Rarua and Ngati Koata. TTKTT associations with a range of places and sites across the northern South Island have been recognised by the Crown in a February 2009 Letter of Agreement. TTKTT associations with places and sites in the Marlborough Sounds include The Brothers Islands, Arapawa Island (East Head, Hura, Wharehunga Bay), Momorangi (Grove Arm), Picton, Queen Charlotte Sound and Islands (including Allports Island, Pickersgill Island, Blumine Island and Moioio Island), Wedge Point (near Picton), the Titi Islands, Tennyson Inlet, Karaka Point (near Picton) and the Pelorus River.34

44. Ngati Tama, Ngati Rarua and Ngati Koata are included in the TTKTT collective, but that does not necessarily mean that recognition afforded by the Crown in

33 Letter of Agreement between Ngati Toa Rangatira and the Crown. February 11, 2009. 34 Letter of Agreement between Tainui Taranaki ki te Tonga and the Crown. February 11, 2009.

16 respect of Marlborough Sounds sites extends to them. I note that the Letter of Agreement between TTKTT and the Crown states that a settlement with TTKTT will recognise Te Atiawa's role as kaitiaki (guardian) of the Coastal marine Area of Queen Charlotte Sound.

8. The Impact of Kawhia/Taranaki Invasions on the Kurahaupo Iwi

45. The Kurahaupo iwi were defeated, their pa and kainga (settlements) were sacked and many of their rangatira were killed. Nevertheless, they retained a distinct presence in the Marlborough Sounds. Some lived near the coast as 'tributary' or vassal communities. They were under the domination of Kawhia/Taranaki iwi, but retained their distinct identities and substantial autonomy. Other Kurahaupo people fled into the interior where they maintained a precarious but independent existence.35 E. J. Wakefield was, for example, aware of the danger posed by a band of Kurahaupo fugitives when he visited the Pelorus River in September 1840.36

46. Significant Rangitane 'tributary' communities were to be found at the Wairau (Port Underwood) and Kaituna areas.37 At Port Gore a small Ngati Apa community continued to live alongside the Ngati Hinetuhi hapu of Te Atiawa.38 Ngati Kuia continued to live within the boundaries of the tuku at, Rangitoto and the adjoining coast, and in the Pelorus Sound region and present-day Havelock.39 A Ngati Toa exodus from the region followed the Wairau affray in 1843, and their numbers fell further with the diminution of the whaling trade. By 1854 Ngati Kuia outnumbered Ngati Toa in the Te Hoiere area.40 Ballara states that in the 1850s Ngati Kuia and Rangitane formed the 'overwhelming majority' in Kaituna/Te

35 Waitangi Tribunal. 62-63. 36 Wakefield, E. J. Adventure in New Zealand. 1845. Vol. II. 58-59; Waitangi Tribunal. 64. 37 Waitangi Tribunal. 59. 38 Waitangi Tribunal. 59. 65; Mitchell and Mitchell. 139. 39 Waitangi Tribunal. 61. 65. 40 Waitangi Tribunal. 65.

17 Hoiere.41 By this time (the early-1850s) the Kurahaupo iwi in the Sounds were, moreover, largely free of any effective 'overlordship'.42

47. These developments, coupled with peaceful conditions brought about by the introduction of Christianity and the Treaty of Waitangi, enabled the Kurahaupo iwi to reassert their customary rights.43 When the Crown moved to complete its purchase of the northern South Island in early-1856 both Ngati Kuia and Rangitane signed deeds conveying all their rights and interests, including rights and interests in the Marlborough Sounds, to the Crown.

48. Ngati Apa were not included in any transaction involving the Marlborough Sounds. The Crown has recently acknowledged - within the context of its claim settlement negotiations with Ngati Apa - that this omission was a serious breach of the Treaty of Waitangi and forms an important aspect of Ngati Apa's 'unique claim'. A limited recognition of Ngati Apa interests in the outer Sounds occurred in 1889, when the Native Land Court awarded the iwi title to land at Port Gore. Te Atiawa received the bulk of the land, but two small reserves (of 298 and 5 acres respectively) were awarded to Ngati Apa on the basis of their long unbroken occupation. The smaller reserve remains in Ngati Apa ownership today.

49. Deeds of Settlement between the Crown and the three Kurahaupo iwi were finalised in October and December 2010. These Deeds recognise (in various forms) the association of the three iwi with a range of specific places and sites in the Marlborough Sounds, including Port Gore, Mount Furneaux (Puhukeruru), Mount Stokes (Porororangi), the Brothers Islands, the Titi Islands, the Chetwode Islands, Maud Island (Te Pakeka), Momorangi (Grove Arm), Pelorus Sound, Titirangi Bay and Endeavour Inlet.44

50. The Ngati Apa, Rangitane and Ngati Kuia Deeds of Settlement include 'protocols' relating to various conservation, fisheries, minerals and heritage (taonga tuturu)

41 Ballara. 225-226. 42 Waitangi Tribunal. 70. 43 Waitangi Tribunal. 22. 85-86. 44 See s5.33 of Rangitane Deed of Settlement, December 12, 2010, for reference to Endeavour Inlet.

18 matters. Maps of the protocol areas (which may also be termed 'areas of interest') relating to the three Kurahaupo iwi are included in the respective Deeds of Settlement. These are reproduced below. Specific Ngati Apa protocol areas are shown in relation to, inter alia, Port Gore and its environs and Tarakaipa Island. Maps of the Rangitane and Ngati Kuia protocol areas are less helpful in indicating specific areas of interest. The Ngati Kuia maps include the whole northern South Island region, and the Rangitane maps include the Marlborough Sounds in their entirety. Maps of protocol areas for Taranaki/Kawhia iwi are not currently available, but they too will most likely cover large areas, and will no doubt substantially overlap with the Kurahaupo areas.

Ngati Apa Protocol Area

Ngati Kuia Protocol Area

Rangitane Protocol Area

22 9. Relative Iwi Interests in Proposed Salmon Farm Sites

51. Based on my careful reading of the available sources, I conclude that the iwi with customary associations in the Waitata Reach area are Ngati Kuia and Ngati Toa. Queen Charlotte Sound and Tory Channel are associated with Te Atiawa, Rangitane and Ngati Kuia. Port Gore is associated with all three Kurahaupo iwi and Te Atiawa.

52. It is difficult to assign priority or dominant interests to any particular iwi. But having said that, it is reasonable to conclude, based on a careful reading of the evidence, including recognition recently afforded by the Crown in the Treaty settlement context, that Ngati Kuia have a predominant interest in Te Hoiere (including Waitata Reach). Since the mid-1840s Ngati Toa have not maintained substantial occupation of the Marlborough Sounds as a consequence of their exodus from the region after the Wairau affray in 1843 and decline of whaling.

53. Te Atiawa have the major interest in Queen Charlotte Sound and Tory Channel. There is little evidence of significant Rangitane (or Ngati Kuia) occupation of Tory Channel and Queen Charlotte Sound after the northern invasions, although their ancestral connections have not been forgotten and live on in tribal traditions, and Rangitane have achieved some recognition in Endeavour Inlet in connection with their pending Treaty settlement.

54. Ngati Apa and Te Atiawa have the strongest interest in Port Gore, based on occupation. The former iwi occupied the area continuously since their first arrival in the South Island, and this strong and ongoing association was recognised by the Native Land Court in 1889. Te Atiawa also resided at Port Gore, and succeeded in achieving substantial recognition through the Native Land Court in 1889.

55. During the Tribunal claims process the Kurahaupo iwi generally recognised that the Kawhia/Taranaki iwi had legitimate customary rights co-existing alongside their own in the Marlborough Sounds and elsewhere. The Kawhia/Taranaki iwi were less generous. They took the view that Kurahaupo customary rights had been

23 extinguished by their raupatu and occupation of the land. They may still hold this view. The Waitangi Tribunal, however, has determined that the Kurahaupo iwi retained a range of customary rights after their defeat, and reasserted these in a legitimate fashion after 1840. The Crown has also acknowledged the existence of Kurahaupo rights, and in Deeds of Settlement has apologised for historically failing to discover and recognise their full nature and extent.

References

Ballara, A. Customary Maori Land Tenure in Te Tau Ihu (The Northern South Island) 1820-1860. February, 2001. Bassett, H and Kay, R. Nga Ture Kauponga o Ngati Koata ki te Tonga, c1820-1950. February, 2000. Campbell, S. K. L. 'A Living People'. Ngati Kuia and the Crown, 1840-1856. March, 2000. Insull, H. A. H. Marlborough Place Names. 1952. Mitchell, H and Mitchell, J. Te Tau Ihu O Te Waka. A History of Maori of Nelson and Marlborough. Volume I. Te Tangata Me Te Whenua - The People and the Land. 2004. Peart, J. D. Old Tasman Bay. 1937. Phillipson, G. A. Northern South Island District Report (District 13). Waitangi Tribunal Division: Rangahaua Whanui Series. June, 1995. Waitangi Tribunal. Te Tau Ihu O Te Waka A Maui. Report on Northern South Island Claims. 2008. Native Land Court. Nelson Minute Books 1 and 2.