Wai 903, #A29 FINALDRAFf IOFFICIAL I Whanganui Waterways Scoping Report ( .) A Report for the Waitangi Tribunal , \ Tui Gilling November 2001 .\ . FINAL DRAFT 1. Introduction My name is Tui Gilling and I am of Te Whanau a Apanui descent. I have been working as a contract researcher in the treaty settlement area for the past two years. In addition to historical research, I also provide treaty policy advice to government departments. I graduated from Otago University with a BA in 1989 and a Postgraduate Diploma in New Zealand History in 1990. Over the past ten years I have worked for a variety of organisations including the Maori Affairs and Planning and Development Select Committees and as a Policy Analyst for the Ministry for the Environment. I have also ( worked in the area of environmental management in the United Kingdom. The author would like to thank Ralph Johnson from the Waitangi Tribunal for his assistance with this project and David Young for the sharing of his knowledge of the Whanganui area. .. ' , ., 2. Purpose of this report In August 2001, the Waitangi Tribunal commissioned a scoping report on Whanganui inland waterways and groundwater issues. The purpose of this report is to explore: ( i (a) The legislative measures, acts, omissions, practices and policies of the Crown that may have affected the Maori ownership, control and use of Whanganui waterways from 1840 to the present; (b) The legislative measures, acts, omissions, practices and policies of the Crown that may have affected the Maori ownership, control and use of Whanganui groundwater; (c) Any appeals and protests by Whanganui Maori against the acts and omissions of the Crown with respect to Whanganui waterways and groundwater. 2 FINAL DRAFT 3. Structure of this report The commission is to provide: (a) A brief overview history and statement of issues; (b) Identification of all relevant source materials; (c) Identification of the extent and form of any further research that may be required. There was also a specific requirement to liaise with Wai 671 claimants.! Sections 1-4 form the background to this report and include the methodology and additional archival sources. Section 5 provides a description of the Whanganui inquiry district and the waterways contained in the area. Section 6 and 7 outline customary ownership and rights associated with waterways in the Whanganui inquiry district and a brief overview of the legal framework in New Zealand in relation to waterway ownership, use and management. Sections 8-10 discuss Treaty of Waitangi issues and Whanganui Maori claims to waterways. Sections 11 and 12 contain the conclusion and a list of suggested research topics on Whanganui waterways. Appendices 1-4 contain a list of additional archival sources found during the course of this contract. Maps outlining significant waterways in the Whanganui inquiry district are also. provided .. 4. Methodology For the purposes of this report, a range of published and unpublished sources were consulted, including visits to Archives New Zealand in Wellington and the Waitangi Tribunal. I Direction Commissioning Research, Document 3.2, Wai 903, Record of Documents, Waitangi Tribunal, Wellington, 28 August 2001 3 FINALDRAFf An informal meeting was held with the claimant for Wai 671 Te Kenehi Mair on behalf of the hapu of Tupoho Whanganui in Wanganui on 13 September 2001. Discussions by telephone and in person were also held with technical and archival staff at the Wanganui District Council and the Manawatu Wanganui Regional Council (Horizons.MW) located in Palmerston North. A visit to the Whanganui Regional Museum was also undertaken. Progress on the identification of issues was constrained by the tight time frame of six weeks;;and difficulty in locating all relevant sources, particularly after the restructure of local government in the late 1980s. The breadth of issues that required coverage has also meant that some issues may not have been addressed in great depth. This report therefore ( . provides a snapshot of general issues relating to Whanganui waterways that may have impacted on Whanganui Maori. Although this commission specifically excluded issues contained in The Whanganui River Report, it was difficult to completely exclude the river because of its significance and its interconnection with other Whanganui waterways. However, this report does not seek to identify any Treaty of Waitangi issues in relation to the Whanganui River as this is being considered separately. A further difficulty was the division of this report into separate waterways and in divorcing them from the surrounding land. In this regard this approach cannot be ( regarded as a completely holistic one; rather it was undertaken to keep the report in a manageable form. It should be noted that waterways referred to this report consist of rivers and streams, lakes and dune lakes, wetlands (swamps) and catchment areas in general. Catchment areas in this context are defined as being wetlands, rivers, streams and lakes that are interconnected. Any misinterpretations in or omissions from this report are mine alone. 4 FINAL DRAFT 4.1 Additional Archival Sources Relevant archival sources located at Archives New Zealand are contained in Appendix One. Horizons.MW and Wanganui District Council also provided additional archival material that is included in Appendix Two and Three. It is difficult to appraise the usefulness of these files without reviewing them in their entirety. Some files such as those provided by Horizons.MW contain broad water headings that could contain administrative and technical matters' and as such, may be of limited benefit: Similarly, some Wanganui District Council files may be of only moderate use as they contain information such as contract tenders and planning information. As these files are only located in Wanganui and Palmerston North, further research will need to include visits to these locations. The Wanganui Inquiry district includes the Waiouru military camp and defence area. Defence department files may also be of use but were not reviewed. The lists provided therefore should not be viewed as a complete list of all relevant sources. 5. Description of Whanganui inquiry district and waterways ( " The proposed Whanganui inquiry district comprisess0me 1.3,million acre,s along and north of the Whanganui River. It includes the catchment area,oftheriver:,and its major tributaries as well as some open plains to the north and east. The boundary of the inquiry district stretches from the coast at the Okehu Stream to the Whanganui River and then east to the Kaimanawa Range via Mount Ruapehu. The boundary then extends to Waiouru down the Waiouru Stream and Mangapapa River, rejoining the Whangaehu River at Mangamahu. An early geographical description of the Whanganui area by Percy Smith suggests that at the time of the first settlement of the district by Europeans, the district was: 5 FINAL DRAFT ... almost entirely forest-clad, with the exception of a strip along the coast some three to four miles wide, and parts of the open plains of Okahukura lying on the western slopes of Ruapehu mountain. It is, moreover, a very broken country with deep gorges, in the bottom of which flow the streams all more or less discoloured by the papa rocks of which nearly all this country is formed. The beautiful Whanganui river flows through the centre of this district, and formed a highway available for canoes for some 170 miles from the mouth. 2 The Whanganui district includes numerous rivers and streams, the most significant in terms ·of size and history being the Whanganui River. The Whanganui River is the ( ,'.~, second largest river in the North Island and the third longest in New Zealand, draining a catchment area of approximately 7,OOOkm. Regarded as a taonga by Whanganui Maori, the river lies at the centre of New Zealand's only river national park. There are also a number of smaller rivers within the district including the Whangaehu River that forms the outlet river for the Mount Ruapehu crater lake, the Mangawhero, Whakapapa and Manganui-a-te-ao, Mangapapa, Retaruke, Mangaturuturu and Ohura Rivers. The Whangaehu River has its source on the eastern side of Ruapehu's crater lake and it is particularly vulnerable to any activity on the mountain, with lahars (mudflows) occurring fairly frequently in the upper reaches. Prior to a lahar in 1861, the water of the Whangaehu was reputed to be perfectly clear and settlers reported that they could always ( catch more eels than required. After 1861, there was no longer an abundance of fish and the 1895 eruption of Mount Ruapehu turned the river into a 'mere sludge stream'. Early surveyors and geologists left records and maps of their expeditions to the Whangaehu River, including one visitor who remarked that the water was very discoloured and had the distinct smell of sulphur. Early settlers recommended bathing in the river as a cure for rheumatism and a sulphur spring is located in the Te Po hue Valley (Ruakiwi). On December 241953, ice, ash, boulders and debris from the crater lake swept down the 2 S Percy Smith, Maoris of the West Coast prior to 1840, Christchurch, Kiwi Publishers, Reprint 1999, p . 152 6 FINAL DRAFT Whangaehu River into the pylons of the Tangiwai railway bridge. The bridge collapsed, causing the night express train from Wellington to plunge into the flooded river, killing more than 150 people.3 In 1989 the Manganui-a-,.te-ao River had a water conservation order granted over significant reaches of it to protect its natural character, scenic values, wildlife and fisheries, including the rare Blue Duck and trout fishing.4 The inquiry district also contains a number oflakes located in the vicinity of Wanganui, including Lake Virginia, Kaitoke Lake, Coe's Hole,Lake Kohata, Lake Wiritoa, Lake / Pauri, Lake Westmere, Lake Marahau and LakeWaikato. The western coastline contained a string of dune lakes approximately 150 years ago including Lakes Virginia, Pauri and Wiritoa.