Rapua ngā tuhinga ruku tātari

On 22 November 2008, the Waitangi Tribunal released its final report on the Treaty claims of iwi and hapu of Te Tau Ihu (northern South Island). The eight recognised iwi are Ngati Apa, Ngati Koata, Ngati Kuia, Ngati Rarua, Ngati Tama, Ngati Toa Rangatira, Te Atiawa, and Rangitane. The report had earlier been released as an incomplete pre-publication edition in order to help with the claimants in their settlement negotiations with the Crown.

The Tribunal inquiry panel comprised Maori land Court Deputy Chief Judge Wilson Isaac (presiding officer), Professor Keith Sorrenson, Pam Ringwood, and John Clarke. The late Rangitihi Tahuparae, a respected kaumatua of Whanganui, passed away on 2 October 2008 between the completion of the report and its publication.

In its report, the Tribunal found that many acts and omissions of the Crown breached the principles of the Treaty of Waitangi. In particular, the Tribunal concluded that ownership of all but a tiny fraction of land in the Te Tau Ihu district was lost to Maori without first gaining their free, informed, and meaningful consent to the alienations. Nor did the Crown ensure that fair prices were paid and sufficient lands retained by the iwi for their own requirements.

The Tribunal finds that, contrary to Treaty principles, the Crown granted lands at Nelson and Golden Bay to the New Zealand Company without first ensuring that all customary owners were fairly dealt with. It then proceeded with its own large-scale Wairau and Waipounamu purchases, making predetermined decisions as to ownership which ignored the rights of many Te Tau Ihu Maori or left them with little meaningful choice over the alienation of their lands.

As a result, by as early as 1860 Te Tau Ihu Maori had lost most of their original estate. Thereafter, the Crown failed to actively protect their interests in those lands which remained to them. It also failed to protect their just rights and interests in valued natural resources. Despite petitions from Maori and repeated reports from its own officials, the Crown failed to protect or provide for Maori interests and rights in their customary fisheries and other resources. The result of these failures was grinding poverty, social dislocation, and loss of culture.

The Tribunal found that the totality of Treaty breaches were serious and caused significant social, economic, cultural, and spiritual prejudice to all iwi of Te Tau Ihu. These breaches, the Tribunal considered, required large and culturally appropriate redress.

In an attempt to assist Te Tau Ihu Treaty settlements, the Tribunal made several recommendations for remedies. Having regard in particular to the relatively even spread in terms of social and economic prejudice across all eight Te Tau Ihu iwi, the Tribunal recommended that the total quantum of financial and commercial redress be divided equally between them.

The Tribunal also recommended that site-specific cultural redress should be discussed collectively with all groups involved in Te Tau Ihu Treaty negotiations and that the unique claim of Ngati Apa, whose customary interests within Te Tau Ihu were never extinguished by any kind of deed of cession, needed special recognition. The Tribunal found the Crown’s repeated failure to properly recognise and deal with the Kurahaupo iwi as the legitimate tangata whenua (alongside the northern tribes) of Te Tau Ihu to be a serious breach. It recommended that the Crown take steps to fully recognise and restore the mana of the Kurahaupo iwi.

The Tribunal recommended that the settlement of historical grievances relating to Wakatu Incorporation was most appropriately a matter to be concluded between the Crown and Te Tau Ihu iwi and that matters affecting the shareholders of Wakatu Incorporation since its establishment in 1977 should be resolved between the incorporation and the Crown. It recommended that the Crown enter into parallel negotiations with the Ngati Rarua Atiawa Iwi Trust, with a view to bringing the Whakarewa (Motueka) leases into line with the 1997 Maori reserved lands settlement.

The Tribunal’s report highlighted a number of shortcomings with respect to the current ‘offer-back’ regime under the Public Works Act 1981. It recommended amendments to the Te Ture Whenua Maori Act 1993 and the Public Works Act to address these issues.

The Tribunal also highlighted problems with resource and fishery management regimes and recommended changes and improvements to ensure that these regimes were more consistent with the Treaty. The Crown admitted that the Resource Management Act 1991 was not being implemented in a manner that provided fairly for Maori interests.

Finally, the Tribunal made recommendations with respect to the customary interests of Te Tau Ihu iwi within the statutorily defined Ngai Tahu takiwa. Te Tau Ihu iwi lost the ability to recover their interests in lands within the takiwa, which have been vested in Ngai Tahu as a result of earlier Crown settlement. The Tribunal strongly recommended that the Crown take urgent action to ensure that these breaches did not continue. It also recommended that the Crown negotiate with those Te Tau Ihu iwi identified in the report as having customary interests within the statutorily defined Ngai Tahu takiwa to agree on equitable compensation.

On 22 November 2008, the Waitangi Tribunal released its final report on the Treaty claims of iwi and hapu of Te Tau Ihu (northern South Island). The eight recognised iwi are Ngati Apa, Ngati Koata, Ngati Kuia, Ngati Rarua, Ngati Tama, Ngati Toa Rangatira, Te Atiawa, and Rangitane. The report had earlier been released as an incomplete pre-publication edition in order to help with the claimants in their settlement negotiations with the Crown.

The Tribunal inquiry panel comprised Maori land Court Deputy Chief Judge Wilson Isaac (presiding officer), Professor Keith Sorrenson, Pam Ringwood, and John Clarke. The late Rangitihi Tahuparae, a respected kaumatua of Whanganui, passed away on 2 October 2008 between the completion of the report and its publication.

In its report, the Tribunal found that many acts and omissions of the Crown breached the principles of the Treaty of Waitangi. In particular, the Tribunal concluded that ownership of all but a tiny fraction of land in the Te Tau Ihu district was lost to Maori without first gaining their free, informed, and meaningful consent to the alienations. Nor did the Crown ensure that fair prices were paid and sufficient lands retained by the iwi for their own requirements.

The Tribunal finds that, contrary to Treaty principles, the Crown granted lands at Nelson and Golden Bay to the New Zealand Company without first ensuring that all customary owners were fairly dealt with. It then proceeded with its own large-scale Wairau and Waipounamu purchases, making predetermined decisions as to ownership which ignored the rights of many Te Tau Ihu Maori or left them with little meaningful choice over the alienation of their lands.

As a result, by as early as 1860 Te Tau Ihu Maori had lost most of their original estate. Thereafter, the Crown failed to actively protect their interests in those lands which remained to them. It also failed to protect their just rights and interests in valued natural resources. Despite petitions from Maori and repeated reports from its own officials, the Crown failed to protect or provide for Maori interests and rights in their customary fisheries and other resources. The result of these failures was grinding poverty, social dislocation, and loss of culture.

The Tribunal found that the totality of Treaty breaches were serious and caused significant social, economic, cultural, and spiritual prejudice to all iwi of Te Tau Ihu. These breaches, the Tribunal considered, required large and culturally appropriate redress.

In an attempt to assist Te Tau Ihu Treaty settlements, the Tribunal made several recommendations for remedies. Having regard in particular to the relatively even spread in terms of social and economic prejudice across all eight Te Tau Ihu iwi, the Tribunal recommended that the total quantum of financial and commercial redress be divided equally between them.

The Tribunal also recommended that site-specific cultural redress should be discussed collectively with all groups involved in Te Tau Ihu Treaty negotiations and that the unique claim of Ngati Apa, whose customary interests within Te Tau Ihu were never extinguished by any kind of deed of cession, needed special recognition. The Tribunal found the Crown’s repeated failure to properly recognise and deal with the Kurahaupo iwi as the legitimate tangata whenua (alongside the northern tribes) of Te Tau Ihu to be a serious breach. It recommended that the Crown take steps to fully recognise and restore the mana of the Kurahaupo iwi.

The Tribunal recommended that the settlement of historical grievances relating to Wakatu Incorporation was most appropriately a matter to be concluded between the Crown and Te Tau Ihu iwi and that matters affecting the shareholders of Wakatu Incorporation since its establishment in 1977 should be resolved between the incorporation and the Crown. It recommended that the Crown enter into parallel negotiations with the Ngati Rarua Atiawa Iwi Trust, with a view to bringing the Whakarewa (Motueka) leases into line with the 1997 Maori reserved lands settlement.

The Tribunal’s report highlighted a number of shortcomings with respect to the current ‘offer-back’ regime under the Public Works Act 1981. It recommended amendments to the Te Ture Whenua Maori Act 1993 and the Public Works Act to address these issues.

The Tribunal also highlighted problems with resource and fishery management regimes and recommended changes and improvements to ensure that these regimes were more consistent with the Treaty. The Crown admitted that the Resource Management Act 1991 was not being implemented in a manner that provided fairly for Maori interests.

Finally, the Tribunal made recommendations with respect to the customary interests of Te Tau Ihu iwi within the statutorily defined Ngai Tahu takiwa. Te Tau Ihu iwi lost the ability to recover their interests in lands within the takiwa, which have been vested in Ngai Tahu as a result of earlier Crown settlement. The Tribunal strongly recommended that the Crown take urgent action to ensure that these breaches did not continue. It also recommended that the Crown negotiate with those Te Tau Ihu iwi identified in the report as having customary interests within the statutorily defined Ngai Tahu takiwa to agree on equitable compensation.

On 22 November 2008, the Waitangi Tribunal released its final report on the Treaty claims of iwi and hapu of Te Tau Ihu (northern South Island). The eight recognised iwi are Ngati Apa, Ngati Koata, Ngati Kuia, Ngati Rarua, Ngati Tama, Ngati Toa Rangatira, Te Atiawa, and Rangitane. The report had earlier been released as an incomplete pre-publication edition in order to help with the claimants in their settlement negotiations with the Crown.

The Tribunal inquiry panel comprised Maori land Court Deputy Chief Judge Wilson Isaac (presiding officer), Professor Keith Sorrenson, Pam Ringwood, and John Clarke. The late Rangitihi Tahuparae, a respected kaumatua of Whanganui, passed away on 2 October 2008 between the completion of the report and its publication.

In its report, the Tribunal found that many acts and omissions of the Crown breached the principles of the Treaty of Waitangi. In particular, the Tribunal concluded that ownership of all but a tiny fraction of land in the Te Tau Ihu district was lost to Maori without first gaining their free, informed, and meaningful consent to the alienations. Nor did the Crown ensure that fair prices were paid and sufficient lands retained by the iwi for their own requirements.

The Tribunal finds that, contrary to Treaty principles, the Crown granted lands at Nelson and Golden Bay to the New Zealand Company without first ensuring that all customary owners were fairly dealt with. It then proceeded with its own large-scale Wairau and Waipounamu purchases, making predetermined decisions as to ownership which ignored the rights of many Te Tau Ihu Maori or left them with little meaningful choice over the alienation of their lands.

As a result, by as early as 1860 Te Tau Ihu Maori had lost most of their original estate. Thereafter, the Crown failed to actively protect their interests in those lands which remained to them. It also failed to protect their just rights and interests in valued natural resources. Despite petitions from Maori and repeated reports from its own officials, the Crown failed to protect or provide for Maori interests and rights in their customary fisheries and other resources. The result of these failures was grinding poverty, social dislocation, and loss of culture.

The Tribunal found that the totality of Treaty breaches were serious and caused significant social, economic, cultural, and spiritual prejudice to all iwi of Te Tau Ihu. These breaches, the Tribunal considered, required large and culturally appropriate redress.

In an attempt to assist Te Tau Ihu Treaty settlements, the Tribunal made several recommendations for remedies. Having regard in particular to the relatively even spread in terms of social and economic prejudice across all eight Te Tau Ihu iwi, the Tribunal recommended that the total quantum of financial and commercial redress be divided equally between them.

The Tribunal also recommended that site-specific cultural redress should be discussed collectively with all groups involved in Te Tau Ihu Treaty negotiations and that the unique claim of Ngati Apa, whose customary interests within Te Tau Ihu were never extinguished by any kind of deed of cession, needed special recognition. The Tribunal found the Crown’s repeated failure to properly recognise and deal with the Kurahaupo iwi as the legitimate tangata whenua (alongside the northern tribes) of Te Tau Ihu to be a serious breach. It recommended that the Crown take steps to fully recognise and restore the mana of the Kurahaupo iwi.

The Tribunal recommended that the settlement of historical grievances relating to Wakatu Incorporation was most appropriately a matter to be concluded between the Crown and Te Tau Ihu iwi and that matters affecting the shareholders of Wakatu Incorporation since its establishment in 1977 should be resolved between the incorporation and the Crown. It recommended that the Crown enter into parallel negotiations with the Ngati Rarua Atiawa Iwi Trust, with a view to bringing the Whakarewa (Motueka) leases into line with the 1997 Maori reserved lands settlement.

The Tribunal’s report highlighted a number of shortcomings with respect to the current ‘offer-back’ regime under the Public Works Act 1981. It recommended amendments to the Te Ture Whenua Maori Act 1993 and the Public Works Act to address these issues.

The Tribunal also highlighted problems with resource and fishery management regimes and recommended changes and improvements to ensure that these regimes were more consistent with the Treaty. The Crown admitted that the Resource Management Act 1991 was not being implemented in a manner that provided fairly for Maori interests.

Finally, the Tribunal made recommendations with respect to the customary interests of Te Tau Ihu iwi within the statutorily defined Ngai Tahu takiwa. Te Tau Ihu iwi lost the ability to recover their interests in lands within the takiwa, which have been vested in Ngai Tahu as a result of earlier Crown settlement. The Tribunal strongly recommended that the Crown take urgent action to ensure that these breaches did not continue. It also recommended that the Crown negotiate with those Te Tau Ihu iwi identified in the report as having customary interests within the statutorily defined Ngai Tahu takiwa to agree on equitable compensation.

He Maunga Rongo: The Report on Central North Island Claims, Stage 1 addresses over 120 Treaty claims raised by Māori from some 50 iwi and hapū living in a region that stretches from the Bay of Plenty coastline inland to just south of Lake Taupo and eastwards across the Kaingaroa Plains.

The claims were brought together in the largest inquiry that the Tribunal has ever held. In hearings held over 10 weeks between 1 February and 9 November 2005, some 300 witnesses provided evidential briefs – including over 270 from Māori themselves – and the Tribunal considered over 100 written research reports.

The Tribunal panel consisted of Judge Caren Fox (presiding), John Baird, Gloria Herbert, and Dr Ann Parsonson. However, Mr Baird, as a director of Mighty River Power, was excluded from discussions, report writing, and any findings and recommendations concerning rivers, waters, lakes (including Lake Taupo), geothermal resources or assets, and any other part of the CNI inquiry in which Mighty River Power may have an interest.

A two-stage approach was adopted for the inquiry, with stage 1 focusing on generic or big picture issues which concern iwi and hapū across the region. (Stage 2, if needed, will look into the details of specific claims.) Stage 1 was divided into modules, to enable claimants to ‘opt out’ at certain points and switch to an early direct negotiation track if they wished. Some did so, taking advantage of the research that had been completed during the first module. The majority, however, stayed with the Tribunal process through to the end of hearings and then requested that the Tribunal continue to the next module and produce a report. This report comprises some 2000 pages and is broken into six parts.

Part I explains the inquiry process and introduces the iwi and hapu of the central North Island (CNI) inquiry region. It describes their traditions about their origins and the complexity of their kin interrelationships. It discusses traditional knowledge and customary law, explaining how the latter was based on values rather than rules.

Part II considers the political relationship between CNI Māori and the Crown from the time of the Treaty to around 1920. In the Tribunal’s finding, the Treaty guaranteed and protected the full authority (tino rangatiratanga) of Māori over their lands, people, treasures, and affairs – such authority being inherent to Māori polities, not created by the Treaty. The Tribunal also found that indigenous ‘sovereignty’ was not about independence from the state but rather about the proper exercise of Crown and Māori autonomy in their respective spheres and about managing the overlaps in partnership.

The Tribunal concluded that Crown’s guarantee to Māori of the same rights as other British subjects included the right to self-government through representative institutions. The report considers a number of ways in which the Crown could have met its obligations in this respect, but failed to do so. Indeed, the Tribunal concluded that given the sheer breadth and number of lost opportunities between 1840 and 1920 – many not so much being lost as sidelined or actively rejected – the historical evidence was overwhelmingly that the Crown committed a sustained breach of the Treaty in this regard.

Part III looks at the administration and alienation of Maori land in the region, and the lasting difficulties faced by Māori owners as a result of the title system introduced by the Crown. It discusses how, with the transformation of customary rights into individualised shares in newly created land blocks, many owners came to hold interests scattered between different places. Then, as the Māori land base shrank, and the land court rule of equal succession to owners’ interests took effect, inherited shares became smaller and smaller. Other chapters in this part discuss Crown provisions for the purchase and lease of land, and the way these were implemented in the Taupo, Kaingaroa, and Rotorua districts in the late nineteenth and early twentieth centuries. In the Tribunal’s finding, the key Treaty breach in respect of all these issues was the Crown’s failure, over more than a century, to facilitate legal community titles to land, which would have enabled hapu to make community decisions about land management, development, sale and lease. The Tribunal did find, however, that the breach has been mitigated by the provisions of the Te Ture Whenua Maori Act 1993 – legislation which has given Māori landowners a greater range of options.

Lastly in this section of the report, the Tribunal looks at public works issues. Here, on the evidence available to it, the Tribunal concluded that Māori land was often not taken as a last resort, and/or only in exceptional circumstances in the national interest. Rather, because of the lesser requirements for notification, consultation and opportunities to object, Māori land (when wanted for a public work) tended to be taken as a first or early resort. This was in breach of the Treaty.

Part IV considers economic development. The Tribunal found that Māori possessed a Treaty right to development. This right extended to the development of their property, including through the use of new technologies and/or for new purposes, and to having an equal opportunity to do so. It also included the ability to develop, or profit from, resources in which they have a proprietary interest under Māori custom, even where the nature of that property right was not necessarily recognised under British law.

Ensuing chapters in part IV look at economic development in the areas of farming, tourism, forestry (both indigenous and exotic) and power generation. In many of these areas, the Tribunal found that the Crown had failed in its duty of active protection of Maori interests. As a result, it concluded, CNI Māori were often marginalised from economic development, especially up until the mid-twentieth century. The Tribunal did consider that the Crown may have done somewhat better in its Treaty obligations over Māori economic development in the exotic forestry sector, and did not find Treaty breach in that instance – although noted that its finding was preliminary as the evidence had not gone into detail. It also noted that CNI Māori economic development in that sector had come at a high price in terms of their cultural, environmental, and social interests.

Part V assesses Crown policies for natural resources and the environment. It looks at how CNI Māori have conceptualised, claimed and utilised the resources of the region, and concludes that two world views and two systems of law and authority have clashed. That discussion is carried through into chapters that focus on Lake Taupo; on other water resources of the region such as springs, smaller lakes, rivers, and estuaries; and on the geothermal resource.

The Tribunal found that Māori customary rights to indigenous freshwater and sea fisheries remained legally enforceable so long as there was compliance with the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. It also found that in legal and Treaty terms, CNI Māori had retained their customary rights to the geothermal fields of the cntral North Island and to the underlying the Taupo volcanic zone.

In general, the Tribunal found that the Crown had breached the Treaty in failing to recognise and provide for the customary rights and Treaty interests of CNI Māori in the natural resources of the region. In the area of resource management, the Tribunal is of the opinion that what CNI Māori seek is the right to negotiate arrangements in accordance with the principle of partnership and the Treaty of Waitangi.

Part VI contains two appendices: a case study relating to early Native Land Court hearings about the Kaingaroa 1 block and a literature list.

He Maunga Rongo: The Report on Central North Island Claims, Stage 1 addresses over 120 Treaty claims raised by Māori from some 50 iwi and hapū living in a region that stretches from the Bay of Plenty coastline inland to just south of Lake Taupo and eastwards across the Kaingaroa Plains.

The claims were brought together in the largest inquiry that the Tribunal has ever held. In hearings held over 10 weeks between 1 February and 9 November 2005, some 300 witnesses provided evidential briefs – including over 270 from Māori themselves – and the Tribunal considered over 100 written research reports.

The Tribunal panel consisted of Judge Caren Fox (presiding), John Baird, Gloria Herbert, and Dr Ann Parsonson. However, Mr Baird, as a director of Mighty River Power, was excluded from discussions, report writing, and any findings and recommendations concerning rivers, waters, lakes (including Lake Taupo), geothermal resources or assets, and any other part of the CNI inquiry in which Mighty River Power may have an interest.

A two-stage approach was adopted for the inquiry, with stage 1 focusing on generic or big picture issues which concern iwi and hapū across the region. (Stage 2, if needed, will look into the details of specific claims.) Stage 1 was divided into modules, to enable claimants to ‘opt out’ at certain points and switch to an early direct negotiation track if they wished. Some did so, taking advantage of the research that had been completed during the first module. The majority, however, stayed with the Tribunal process through to the end of hearings and then requested that the Tribunal continue to the next module and produce a report. This report comprises some 2000 pages and is broken into six parts.

Part I explains the inquiry process and introduces the iwi and hapu of the central North Island (CNI) inquiry region. It describes their traditions about their origins and the complexity of their kin interrelationships. It discusses traditional knowledge and customary law, explaining how the latter was based on values rather than rules.

Part II considers the political relationship between CNI Māori and the Crown from the time of the Treaty to around 1920. In the Tribunal’s finding, the Treaty guaranteed and protected the full authority (tino rangatiratanga) of Māori over their lands, people, treasures, and affairs – such authority being inherent to Māori polities, not created by the Treaty. The Tribunal also found that indigenous ‘sovereignty’ was not about independence from the state but rather about the proper exercise of Crown and Māori autonomy in their respective spheres and about managing the overlaps in partnership.

The Tribunal concluded that Crown’s guarantee to Māori of the same rights as other British subjects included the right to self-government through representative institutions. The report considers a number of ways in which the Crown could have met its obligations in this respect, but failed to do so. Indeed, the Tribunal concluded that given the sheer breadth and number of lost opportunities between 1840 and 1920 – many not so much being lost as sidelined or actively rejected – the historical evidence was overwhelmingly that the Crown committed a sustained breach of the Treaty in this regard.

Part III looks at the administration and alienation of Maori land in the region, and the lasting difficulties faced by Māori owners as a result of the title system introduced by the Crown. It discusses how, with the transformation of customary rights into individualised shares in newly created land blocks, many owners came to hold interests scattered between different places. Then, as the Māori land base shrank, and the land court rule of equal succession to owners’ interests took effect, inherited shares became smaller and smaller. Other chapters in this part discuss Crown provisions for the purchase and lease of land, and the way these were implemented in the Taupo, Kaingaroa, and Rotorua districts in the late nineteenth and early twentieth centuries. In the Tribunal’s finding, the key Treaty breach in respect of all these issues was the Crown’s failure, over more than a century, to facilitate legal community titles to land, which would have enabled hapu to make community decisions about land management, development, sale and lease. The Tribunal did find, however, that the breach has been mitigated by the provisions of the Te Ture Whenua Maori Act 1993 – legislation which has given Māori landowners a greater range of options.

Lastly in this section of the report, the Tribunal looks at public works issues. Here, on the evidence available to it, the Tribunal concluded that Māori land was often not taken as a last resort, and/or only in exceptional circumstances in the national interest. Rather, because of the lesser requirements for notification, consultation and opportunities to object, Māori land (when wanted for a public work) tended to be taken as a first or early resort. This was in breach of the Treaty.

Part IV considers economic development. The Tribunal found that Māori possessed a Treaty right to development. This right extended to the development of their property, including through the use of new technologies and/or for new purposes, and to having an equal opportunity to do so. It also included the ability to develop, or profit from, resources in which they have a proprietary interest under Māori custom, even where the nature of that property right was not necessarily recognised under British law.

Ensuing chapters in part IV look at economic development in the areas of farming, tourism, forestry (both indigenous and exotic) and power generation. In many of these areas, the Tribunal found that the Crown had failed in its duty of active protection of Maori interests. As a result, it concluded, CNI Māori were often marginalised from economic development, especially up until the mid-twentieth century. The Tribunal did consider that the Crown may have done somewhat better in its Treaty obligations over Māori economic development in the exotic forestry sector, and did not find Treaty breach in that instance – although noted that its finding was preliminary as the evidence had not gone into detail. It also noted that CNI Māori economic development in that sector had come at a high price in terms of their cultural, environmental, and social interests.

Part V assesses Crown policies for natural resources and the environment. It looks at how CNI Māori have conceptualised, claimed and utilised the resources of the region, and concludes that two world views and two systems of law and authority have clashed. That discussion is carried through into chapters that focus on Lake Taupo; on other water resources of the region such as springs, smaller lakes, rivers, and estuaries; and on the geothermal resource.

The Tribunal found that Māori customary rights to indigenous freshwater and sea fisheries remained legally enforceable so long as there was compliance with the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. It also found that in legal and Treaty terms, CNI Māori had retained their customary rights to the geothermal fields of the cntral North Island and to the underlying the Taupo volcanic zone.

In general, the Tribunal found that the Crown had breached the Treaty in failing to recognise and provide for the customary rights and Treaty interests of CNI Māori in the natural resources of the region. In the area of resource management, the Tribunal is of the opinion that what CNI Māori seek is the right to negotiate arrangements in accordance with the principle of partnership and the Treaty of Waitangi.

Part VI contains two appendices: a case study relating to early Native Land Court hearings about the Kaingaroa 1 block and a literature list.

He Maunga Rongo: The Report on Central North Island Claims, Stage 1 addresses over 120 Treaty claims raised by Māori from some 50 iwi and hapū living in a region that stretches from the Bay of Plenty coastline inland to just south of Lake Taupo and eastwards across the Kaingaroa Plains.

The claims were brought together in the largest inquiry that the Tribunal has ever held. In hearings held over 10 weeks between 1 February and 9 November 2005, some 300 witnesses provided evidential briefs – including over 270 from Māori themselves – and the Tribunal considered over 100 written research reports.

The Tribunal panel consisted of Judge Caren Fox (presiding), John Baird, Gloria Herbert, and Dr Ann Parsonson. However, Mr Baird, as a director of Mighty River Power, was excluded from discussions, report writing, and any findings and recommendations concerning rivers, waters, lakes (including Lake Taupo), geothermal resources or assets, and any other part of the CNI inquiry in which Mighty River Power may have an interest.

A two-stage approach was adopted for the inquiry, with stage 1 focusing on generic or big picture issues which concern iwi and hapū across the region. (Stage 2, if needed, will look into the details of specific claims.) Stage 1 was divided into modules, to enable claimants to ‘opt out’ at certain points and switch to an early direct negotiation track if they wished. Some did so, taking advantage of the research that had been completed during the first module. The majority, however, stayed with the Tribunal process through to the end of hearings and then requested that the Tribunal continue to the next module and produce a report. This report comprises some 2000 pages and is broken into six parts.

Part I explains the inquiry process and introduces the iwi and hapu of the central North Island (CNI) inquiry region. It describes their traditions about their origins and the complexity of their kin interrelationships. It discusses traditional knowledge and customary law, explaining how the latter was based on values rather than rules.

Part II considers the political relationship between CNI Māori and the Crown from the time of the Treaty to around 1920. In the Tribunal’s finding, the Treaty guaranteed and protected the full authority (tino rangatiratanga) of Māori over their lands, people, treasures, and affairs – such authority being inherent to Māori polities, not created by the Treaty. The Tribunal also found that indigenous ‘sovereignty’ was not about independence from the state but rather about the proper exercise of Crown and Māori autonomy in their respective spheres and about managing the overlaps in partnership.

The Tribunal concluded that Crown’s guarantee to Māori of the same rights as other British subjects included the right to self-government through representative institutions. The report considers a number of ways in which the Crown could have met its obligations in this respect, but failed to do so. Indeed, the Tribunal concluded that given the sheer breadth and number of lost opportunities between 1840 and 1920 – many not so much being lost as sidelined or actively rejected – the historical evidence was overwhelmingly that the Crown committed a sustained breach of the Treaty in this regard.

Part III looks at the administration and alienation of Maori land in the region, and the lasting difficulties faced by Māori owners as a result of the title system introduced by the Crown. It discusses how, with the transformation of customary rights into individualised shares in newly created land blocks, many owners came to hold interests scattered between different places. Then, as the Māori land base shrank, and the land court rule of equal succession to owners’ interests took effect, inherited shares became smaller and smaller. Other chapters in this part discuss Crown provisions for the purchase and lease of land, and the way these were implemented in the Taupo, Kaingaroa, and Rotorua districts in the late nineteenth and early twentieth centuries. In the Tribunal’s finding, the key Treaty breach in respect of all these issues was the Crown’s failure, over more than a century, to facilitate legal community titles to land, which would have enabled hapu to make community decisions about land management, development, sale and lease. The Tribunal did find, however, that the breach has been mitigated by the provisions of the Te Ture Whenua Maori Act 1993 – legislation which has given Māori landowners a greater range of options.

Lastly in this section of the report, the Tribunal looks at public works issues. Here, on the evidence available to it, the Tribunal concluded that Māori land was often not taken as a last resort, and/or only in exceptional circumstances in the national interest. Rather, because of the lesser requirements for notification, consultation and opportunities to object, Māori land (when wanted for a public work) tended to be taken as a first or early resort. This was in breach of the Treaty.

Part IV considers economic development. The Tribunal found that Māori possessed a Treaty right to development. This right extended to the development of their property, including through the use of new technologies and/or for new purposes, and to having an equal opportunity to do so. It also included the ability to develop, or profit from, resources in which they have a proprietary interest under Māori custom, even where the nature of that property right was not necessarily recognised under British law.

Ensuing chapters in part IV look at economic development in the areas of farming, tourism, forestry (both indigenous and exotic) and power generation. In many of these areas, the Tribunal found that the Crown had failed in its duty of active protection of Maori interests. As a result, it concluded, CNI Māori were often marginalised from economic development, especially up until the mid-twentieth century. The Tribunal did consider that the Crown may have done somewhat better in its Treaty obligations over Māori economic development in the exotic forestry sector, and did not find Treaty breach in that instance – although noted that its finding was preliminary as the evidence had not gone into detail. It also noted that CNI Māori economic development in that sector had come at a high price in terms of their cultural, environmental, and social interests.

Part V assesses Crown policies for natural resources and the environment. It looks at how CNI Māori have conceptualised, claimed and utilised the resources of the region, and concludes that two world views and two systems of law and authority have clashed. That discussion is carried through into chapters that focus on Lake Taupo; on other water resources of the region such as springs, smaller lakes, rivers, and estuaries; and on the geothermal resource.

The Tribunal found that Māori customary rights to indigenous freshwater and sea fisheries remained legally enforceable so long as there was compliance with the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. It also found that in legal and Treaty terms, CNI Māori had retained their customary rights to the geothermal fields of the cntral North Island and to the underlying the Taupo volcanic zone.

In general, the Tribunal found that the Crown had breached the Treaty in failing to recognise and provide for the customary rights and Treaty interests of CNI Māori in the natural resources of the region. In the area of resource management, the Tribunal is of the opinion that what CNI Māori seek is the right to negotiate arrangements in accordance with the principle of partnership and the Treaty of Waitangi.

Part VI contains two appendices: a case study relating to early Native Land Court hearings about the Kaingaroa 1 block and a literature list.

He Maunga Rongo: The Report on Central North Island Claims, Stage 1 addresses over 120 Treaty claims raised by Māori from some 50 iwi and hapū living in a region that stretches from the Bay of Plenty coastline inland to just south of Lake Taupo and eastwards across the Kaingaroa Plains.

The claims were brought together in the largest inquiry that the Tribunal has ever held. In hearings held over 10 weeks between 1 February and 9 November 2005, some 300 witnesses provided evidential briefs – including over 270 from Māori themselves – and the Tribunal considered over 100 written research reports.

The Tribunal panel consisted of Judge Caren Fox (presiding), John Baird, Gloria Herbert, and Dr Ann Parsonson. However, Mr Baird, as a director of Mighty River Power, was excluded from discussions, report writing, and any findings and recommendations concerning rivers, waters, lakes (including Lake Taupo), geothermal resources or assets, and any other part of the CNI inquiry in which Mighty River Power may have an interest.

A two-stage approach was adopted for the inquiry, with stage 1 focusing on generic or big picture issues which concern iwi and hapū across the region. (Stage 2, if needed, will look into the details of specific claims.) Stage 1 was divided into modules, to enable claimants to ‘opt out’ at certain points and switch to an early direct negotiation track if they wished. Some did so, taking advantage of the research that had been completed during the first module. The majority, however, stayed with the Tribunal process through to the end of hearings and then requested that the Tribunal continue to the next module and produce a report. This report comprises some 2000 pages and is broken into six parts.

Part I explains the inquiry process and introduces the iwi and hapu of the central North Island (CNI) inquiry region. It describes their traditions about their origins and the complexity of their kin interrelationships. It discusses traditional knowledge and customary law, explaining how the latter was based on values rather than rules.

Part II considers the political relationship between CNI Māori and the Crown from the time of the Treaty to around 1920. In the Tribunal’s finding, the Treaty guaranteed and protected the full authority (tino rangatiratanga) of Māori over their lands, people, treasures, and affairs – such authority being inherent to Māori polities, not created by the Treaty. The Tribunal also found that indigenous ‘sovereignty’ was not about independence from the state but rather about the proper exercise of Crown and Māori autonomy in their respective spheres and about managing the overlaps in partnership.

The Tribunal concluded that Crown’s guarantee to Māori of the same rights as other British subjects included the right to self-government through representative institutions. The report considers a number of ways in which the Crown could have met its obligations in this respect, but failed to do so. Indeed, the Tribunal concluded that given the sheer breadth and number of lost opportunities between 1840 and 1920 – many not so much being lost as sidelined or actively rejected – the historical evidence was overwhelmingly that the Crown committed a sustained breach of the Treaty in this regard.

Part III looks at the administration and alienation of Maori land in the region, and the lasting difficulties faced by Māori owners as a result of the title system introduced by the Crown. It discusses how, with the transformation of customary rights into individualised shares in newly created land blocks, many owners came to hold interests scattered between different places. Then, as the Māori land base shrank, and the land court rule of equal succession to owners’ interests took effect, inherited shares became smaller and smaller. Other chapters in this part discuss Crown provisions for the purchase and lease of land, and the way these were implemented in the Taupo, Kaingaroa, and Rotorua districts in the late nineteenth and early twentieth centuries. In the Tribunal’s finding, the key Treaty breach in respect of all these issues was the Crown’s failure, over more than a century, to facilitate legal community titles to land, which would have enabled hapu to make community decisions about land management, development, sale and lease. The Tribunal did find, however, that the breach has been mitigated by the provisions of the Te Ture Whenua Maori Act 1993 – legislation which has given Māori landowners a greater range of options.

Lastly in this section of the report, the Tribunal looks at public works issues. Here, on the evidence available to it, the Tribunal concluded that Māori land was often not taken as a last resort, and/or only in exceptional circumstances in the national interest. Rather, because of the lesser requirements for notification, consultation and opportunities to object, Māori land (when wanted for a public work) tended to be taken as a first or early resort. This was in breach of the Treaty.

Part IV considers economic development. The Tribunal found that Māori possessed a Treaty right to development. This right extended to the development of their property, including through the use of new technologies and/or for new purposes, and to having an equal opportunity to do so. It also included the ability to develop, or profit from, resources in which they have a proprietary interest under Māori custom, even where the nature of that property right was not necessarily recognised under British law.

Ensuing chapters in part IV look at economic development in the areas of farming, tourism, forestry (both indigenous and exotic) and power generation. In many of these areas, the Tribunal found that the Crown had failed in its duty of active protection of Maori interests. As a result, it concluded, CNI Māori were often marginalised from economic development, especially up until the mid-twentieth century. The Tribunal did consider that the Crown may have done somewhat better in its Treaty obligations over Māori economic development in the exotic forestry sector, and did not find Treaty breach in that instance – although noted that its finding was preliminary as the evidence had not gone into detail. It also noted that CNI Māori economic development in that sector had come at a high price in terms of their cultural, environmental, and social interests.

Part V assesses Crown policies for natural resources and the environment. It looks at how CNI Māori have conceptualised, claimed and utilised the resources of the region, and concludes that two world views and two systems of law and authority have clashed. That discussion is carried through into chapters that focus on Lake Taupo; on other water resources of the region such as springs, smaller lakes, rivers, and estuaries; and on the geothermal resource.

The Tribunal found that Māori customary rights to indigenous freshwater and sea fisheries remained legally enforceable so long as there was compliance with the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. It also found that in legal and Treaty terms, CNI Māori had retained their customary rights to the geothermal fields of the cntral North Island and to the underlying the Taupo volcanic zone.

In general, the Tribunal found that the Crown had breached the Treaty in failing to recognise and provide for the customary rights and Treaty interests of CNI Māori in the natural resources of the region. In the area of resource management, the Tribunal is of the opinion that what CNI Māori seek is the right to negotiate arrangements in accordance with the principle of partnership and the Treaty of Waitangi.

Part VI contains two appendices: a case study relating to early Native Land Court hearings about the Kaingaroa 1 block and a literature list.

The Waitangi Tribunal released its second preliminary report on Te Tau Ihu customary rights on 3 September 2007. This report follows an earlier preliminary report released in March 2007. The Tribunal has prepared these reports to assist claimants and the Crown with their negotiations by providing early findings on customary rights and their treatment by the Crown. The Tribunal’s main Te Tau Ihu report will address the remaining issues in the Northern South Island inquiry.

The Tribunal panel comprises Judge Wilson Isaac (presiding officer), Rangitihi Tahuparae, John Clarke, Professor Keith Sorrenson, and Pam Ringwood.

Their second preliminary report concerns the customary rights of Te Tau Ihu iwi in the area defined by Te Runanga o Ngai Tahu Act 1996 as the Ngai Tahu takiwa. The Tribunal found that the six Te Tau Ihu iwi that advanced claims with respect to the takiwa – Ngati Apa, Rangitane, Ngati Toa Rangatira, Ngati Rarua, Ngati Tama, and Te Atiawa – had valid customary rights in the takiwa, overlapping the acknowledged rights of Ngai Tahu.

On the east coast, the Tribunal found that Rangitane, Ngati Toa, and Ngai Tahu had legitimate overlapping customary rights in the area between Parinui-o-whiti and Waiau-toa. On the West Coast, the Tribunal found that Ngati Rarua, Ngati Tama, Te Atiawa, Ngati Toa, Ngati Apa, and Ngai Tahu had legitimate overlapping customary rights between Kawatiri and Kahurangi. The rights varied, depending on the iwi, but none of the rights had been extinguished prior to Crown purchasing from 1847.

The Tribunal found that the rights of all these iwi were protected and guaranteed by the Treaty. Notwithstanding this, the Crown extinguished the vast majority of these interests in a series of purchases between 1847 and 1860 without determining the correct right-holders or obtaining their full and free consent.

In 1847, the Tribunal found, the Government extorted the Wairau block from three chiefs in Wellington, thus disenfranchising all other Ngati Toa, Ngati Rarua, and Rangitane people. Then, in 1853, the Government arranged a cession of all Ngati Toa’s interests in the South Island by an unfair manipulation. From 1854 to 1856, it used this cession (the Waipounamu purchase) to obtain the interests of all the other Te Tau Ihu tribes without their free and full consent. These actions, the Tribunal concluded, were in plain breach of the Treaty and its principles.

The Tribunal found that Ngai Tahu’s interests in the northern part of the takiwa were also extinguished through a series of blanket purchases from 1848, concluding with the Kaikoura purchase (1859) on the east coast and the Arahura purchase (1860) on the west. In the Kaikoura transaction, the Crown neither inquired into nor considered Ngati Toa or Rangitane rights. Ngati Toa’s interests in the northern part of the takiwa had been inadequately acknowledged in the Wairau purchase and were not reconsidered in the Kaikoura transaction. The Crown had altogether failed either to inquire into or to consider Rangitane’s interests on this part of the coast and these interests were unfairly extinguished through the Kaikoura purchase, in breach of the Treaty and its principles.

On the West Coast, the Tribunal considered that the rights of Ngati Toa, Ngati Rarua, Ngati Tama, and Te Atiawa had been inadequately acknowledged in the Waipounamu purchase and were not reconsidered during the negotiations for Arahura. The Crown had never inquired into Ngati Apa’s customary rights and once more failed to do so in the Arahura transaction. Ngati Apa were only belatedly considered, and the Government made no inquiry into the extent of their interests. This limited and belated acknowledgement precluded Ngati Apa’s informed consent and was, in the opinion of the Tribunal, in breach of the Treaty and its principles.

The Tribunal further considered that these historical breaches against Te Tau Ihu iwi continued into the twentieth century when the Crown chose to deal exclusively with Ngai Tahu in the Ngai Tahu takiwa, at the expense of Te Tau Ihu iwi who also had legitimate rights in the area. On the basis of a Maori Appellate Court finding in 1990 that Ngai Tahu had sole rights of ownership in the Kaikoura and Arahura blocks at the time of the sale to the Crown, the Government has since dealt exclusively with Ngai Tahu.

The boundaries of the takiwa were statutorily defined in Te Runanga o Ngai Tahu Act 1996 and the Ngai Tahu Claims Settlement Act 1998.The Tribunal pointed out that there is nothing in this legislation that prevents the Government from considering Te Tau Ihu iwi interests within the takiwa. The legislation is not in itself in breach of the Treaty, rather the breach lies in the way in which the Government has interpreted it. Te Tau Ihu iwi interests were ignored during the negotiation and settlement of the Ngai Tahu claim. The Tribunal concluded that the Crown had failed to consult adequately with Te Tau Ihu iwi during this process and assets that could potentially have been included in future settlement with Te Tau Ihu iwi were vested in the sole ownership of Ngai Tahu. This exclusive treatment had continued since the settlement, to the detriment of Te Tau Ihu iwi.

Two reports were prepared by the Tribunal on claims relating to the September 2006 deed of settlement between the Crown and the iwi/hapu of Te Arawa affiliated to Nga Kaihautu o Te Arawa, a body mandated to negotiate the settlement of the historical claims of approximately half of Te Arawa. The Tribunal panel comprised Judge Caren Fox, Peter Brown, the Honourable Douglas Kidd, and Tuahine Northover.

The claimants alleged that the proposed Kaihautu settlement would prejudice their interests by transferring to affiliate groups cultural and commercial redress assets in which they had interests. The Tribunal’s first report dealt with claims on cultural redress, the second with commercial redress. The two reports were published together in a single volume.

The claims discussed in these reports were brought by: Te Arawa groups who chose not to be represented by the Kaihautu; Te Arawa groups who disputed the mandate of the Kaihautu to represent them; and (in the second report) central North Island iwi outside the Te Arawa confederation whose interests were affected by the commercial redress terms of the proposed settlement.

The Report on the Impact of the Crown’s Treaty Settlement Policy on Te Arawa Waka

The first report dealt with cultural redress aspects of the settlement. The Tribunal examined the processes by which the Crown, during the Kaihautu negotiations, communicated with and gathered information from groups whose interests overlapped those of affiliate iwi/hapu. It found that these processes were seriously flawed, and that the Crown had failed to protect the interests of overlapping groups in the cultural redress sites offered to the Kaihautu.

The Tribunal recommended that the Crown undertake to vary the settlement to recognise the customary interests of certain non-affiliate groups with particular cultural redress sites. It also recommended that the statutory acknowledgement in respect of the Rotorua regional geothermal system should apply to the entire Te Arawa waka, and that the Minister of Maori Affairs should annually review the development of policy advice within the Office of Treaty Settlements.

In respect of the claimants who disputed their representation by the Kaihautu, the Tribunal recommended that before the legislation is introduced, the Crown facilitate hui-a-hapu to gauge their support for the Kaihautu mandate once and for all.

The Final Report on the Impact of the Crown’s Treaty Settlement Policies on Te Arawa Waka and Other Tribes

The second report dealt with the major commercial redress element in the Kaihautu settlement: the transfer of approximately 51,000 hectares of Crown forestry licensed land to the affiliate iwi/hapu. The Tribunal found several failures by the Crown to protect the interests of overlapping claimants during its negotiations with the Kaihautu.

First, the Crown had failed to engage fully and robustly with overlapping claimant groups during its negotiations with Kaihautu. The Tribunal considered that the interests of claimants had been put at risk as a result of this failure.

Next, the Tribunal found inadequacies in the Crown’s approach to assessing the sufficiency and appropriateness of the Crown forestry land remaining after the Kaihautu settlement for use in future Treaty settlements with other central North Island iwi.

The Tribunal also found that the Crown had breached the Treaty by including in the deed provision for it to receive the accumulated rentals associated with certain Crown forestry lands included in the settlement. The Tribunal had grave concerns regarding the impact of the settlement on overlapping iwi and on the durability of future central North Island settlements. However, it also recognised that the affiliate iwi/hapu of Te Arawa had done nothing wrong and deserved their settlement.

The Tribunal therefore recommended that the proposed settlement be delayed pending the outcome of a forum of central North Island iwi and other affected groups. The aim of this forum would be to negotiate between participants, according to tikanga, high-level guidelines for the allocation of Crown forest lands. The Tribunal considered that truly durable Treaty settlements would grow out of such a process.