1 ISSUE THREE

IN THIS ISSUE

Porirua ki

Manawatū

Pānui

Hui-Tanguru

Feb 2017

NAU MAI KI TE PĀNUI TUATORU MŌ TE PAKIREHUA PkM

Tēnā koutou katoa, ngā mihi nui ki a koutou i tēnei tau hou

Page 2 Muaūpoko Report

update

Page 3 An update on the PkM

research programme

Page 5 Coming up in 2017

Page 6 & 7 Inquiry Panel

Members and Tribunal Staff

Welcome to our third pānui for the

Porirua ki Manawatū (PkM) district

inquiry. This pānui is written by

Waitangi Tribunal Unit staff and

aims to keep claimants informed of

developments and upcoming events

in the PkM inquiry.

Last year the PkM inquiry was

progressing through the research

and report writing phase. However,

the Waitangi Tribunal Unit (WTU),

Crown Forestry Rental Trust (CFRT)

and their commissioned research

and report writers were also very

busy (see pg 2). District-wide, Ngāti

Raukawa and Affiliated Groups and

Te Ātiawa/Ngāti Awa research

continues.

It is expected that the interlocutory

process (see pg 4) will begin for all

inquiry parties, including those

Muaūpoko claimants with

overlapping issues, in September

2017, following the completion of

the majority of the research

casebook (see pg 3). A direction was

sent to parties on 6 December 2016

outlining a proposed interlocutory

process (see pg 5) and inviting

comments on this process by

midday, Wednesday 25 January

2017.

The PkM inquiry team has also seen

a number of changes with the

departure of Report Writer Richard

Towers, Inquiry Supervisor Andrew

Francis, Assistant Registrar Ariana

Reweti and the addition of Acting

Inquiry Supervisor Kesaia Walker.

We thank Richard, Andrew and

Ariana for all the work they have

done in the inquiry and wish them

the best for the future. Kesaia was

the previous facilitator from 2013-

2014. We look forward to working

with Kesaia again as the inquiry

continues.

Please feel free to contact us if you

have any questions relating to the

inquiry. Our details can be found on

page 7.

2 ISSUE THREE

Muaūpoko Report Update

The expedited hearing phase was completed in December 2015 and final closing submissions were

received in April 2016. The Tribunal has spent the last 9 months preparing the Muaūpoko report. It is

set for completion in March 2017.

Rangitīkei River Joint Hearing

On 28 April 2016 joint directions were sent to claimants for the Wai 2180 Taihape: Rangitīkei ki

Rangipō and Wai 2200 Porirua ki Manawatū inquiries informing them that a joint hearing would take

place in regard to the Rangitīkei River. Both panels recognise that the Rangitīkei River is an

important tupuna awa to tangata whenua in both districts. The awa stretches from the Kaimanawa

Ranges to its mouth at Tangimoana, southwest of Bulls. It was therefore suggested that a joint

hearing be held inclusive of both inquiries.

The joint hearing will be limited to the hearing of technical evidence only: the “Rangitīkei River and

it’s tributaries historical report” by David Alexander (Wai 2200, #A187) and “Ko Rangitīkei te awa:

The Rangitīkei River and its tributaries cultural perspectives report” by Dr Robert Joseph and Paul

Meredith (Wai 2200, #A190).

For more information please see memorandum-directions, Wai 2200, #2.5.135.

Quick tip: Accessing documents via our website

Waitangi Tribunal staff receive numerous requests for inquiry documents and while we are always

happy to assist, there is a quick and easier way for claimants and counsel to find documents

whenever they need them.

Most of the documents that have been officially distributed and added to the Wai 2200 Record of

Inquiry can be found on our website. The documents are available for download in pdf format at our

newly designed website: https://waitangitribunal.govt.nz

On the homepage click search inquiry documents under the ‘related links’ heading. This will take

you to the search engine for inquiry documents. Alternatively you can go straight to search inquiry

documents at https://forms.justice.govt.nz/search/WT/ and search under Wai Number: XXX (e.g

2200) ROI: XXXX (e.g. A187). For larger documents, please email WT_Requests@justice.govt.nz

Rangitīkei River, Photo Credit: https://www.flickr.com/photos/sbisson/87354341/

3 ISSUE THREE

Report Final Due

Generic District-wide (CFRT) See #6.2.59

Inland waterways cultural perspectives (Huhana Smith et al) Jan 2017

Local government issues (Suzanne Woodley) Apr 2017

Block research narratives (Walghan Partners) Apr 2017

Environmental and natural resources issues (Vaughan Wood et al) May 2017

Public works issues (Heather Bassett et al) June 2017

Inland waterways historical report (Huhana Smith et al) May 2017

Te Ātiawa/Ngāti Awa (WT)

Historical issues: Land and political engagement with the Crown from 1840-1900 (Walghan Partners –Tony Walzl)

Aug 2017

Ngāti Raukawa & Affiliated Groups: Historical Issues (CFRT)

Historical issues: Custom Colonisation and the Crown (Richard Boast) May 2017

Historical issues: Rangatiratanga vs Kawanatanga (Grant Young et al) Apr 2017

Historical issues: Māori aspirations and Crown response and reserves (Paul Husbands)

Jul 2017

Historical Issues: Crown action and Māori response (Robyn Anderson et al) Jul 2017

Ngāti Raukawa & Affiliated Groups: Oral Evidence and Traditional History (CFRT)

Tūmatanui Incorporated Society (McBurney) Apr 2017

Tū Te Manawaroa scoping (Patete) Feb 2017

Te Hono ki Raukawa (commenced Jul 2016) Oct 2017

An update on the Porirua ki Manawatū research

programme

For the last year, the majority of the inquiry (Te Ātiawa/Ngāti Awa and Raukawa whānui) has been

in the research phase. While the Tribunal will complete some of this research, the majority of it will

be done by the Crown Forestry Rental Trust (CFRT). Here is a current snapshot of our research

programme with some projected finish dates:

There will be a research hui in February to consult on Walghan Partners - Tony Walzl's Te Ātiawa research

report on Te Ātiawa/Ngātiawa claim issues concerning land and political engagement with the Crown from

1840 to 1900. This will likely be in Waikanae. Please keep an eye out for more information about this in the

coming weeks.

Left: Dr Huhana Smith (Ngati Tukorehe, Ngati Raukawa) is working on both Inland waterways reports. Photo credit: Time in te Ao Māori.

Right: Professor Richard Boast QC is working on the Historical issues: Custom Colonisation and the Crown report. Photo credit: Victoria University Faculty of Law.

CFRT Researchers

4 ISSUE THREE

Quick Tip: The different phases of a Waitangi Tribunal

inquiry

The information below provides further detail on the different phases of a Tribunal Inquiry with the

goal of helping claimants gain a better understanding of which phases the PkM inquiry has

completed, which phases the inquiry is currently in and the phases that will be completed in the

future.

1. Start-up (consultation and planning): During this phase, the Tribunal holds a series of judicial

conferences to establish the parameters of the inquiry.

2. Research (casebook preparation): In order to determine whether claims are well-founded, the

Tribunal requires evidence. The Tribunal approves a set of technical research projects designed to

cover the main claim issues to form a casebook. This phase generally begins around the same time

as step 3 Claimant Oral Evidence Hearings (Ngā Korero Tuku Iho hui) and overlaps.

3. Claimant oral evidence hearings (Nga Korero Tuku Iho hui): The claimants present oral and

traditional evidence in person. This kind of evidence focuses on iwi and hapū history. They are

claimant-led and enable the Tribunal to hear traditional kōrero in an appropriate cultural context.

4. Interlocutories: This phase clarifies the issues that remain in contention between claimants and

the Crown and identifies the issues that the Tribunal needs to hear. Claimants particularise their

statements of claim, using their own and the technical research to inform their allegations against

the Crown. The Crown prepares a statement of response and concessions, outlining its position.

The Tribunal then prepares a statement of issues that identifies the areas of agreement and

contention, and frames the principal issues for inquiry. This forms the basis for the hearing

programme.

5. Hearings: The primary purpose of this phase is to hear and test the evidence and submissions of

claimants, the Crown, and any interested parties.

6. Report writing: After the completion of hearings, the Tribunal reports on the claims. Where it

finds that claims are well-founded because the Crown breached the principles of the Treaty of

Waitangi, and that prejudice has resulted from the breach, the Tribunal may recommend that the

Crown take action to compensate for or remove the prejudice, or to prevent others from being

affected by it in the future.

The PkM inquiry has progressed slightly differently to the phases outlined above as select Muaūpoko priority issues are currently at the report writing phase (explained on pg 2). The broader inquiry includes Te Ātiawa/Ngāti Awa and Ngāti Raukawa and affiliated groups who are currently in the research phase. It is anticipated that the majority of the research will be completed by mid 2017. Following this, the inquiry will continue into the interlocutory phase.

5 ISSUE THREE

Rangitīkei River, Photo Credit: Lord of the Rings, http://www.amazingnz.com/LordoftheRings-English.html

Upcoming in 2017

Below is a broad inquiry timetable for 2017 which includes approximate dates for all parties. Please

note these are indicative only and subject to change depending on the resourcing of the Tribunal and

the preferences of inquiry parties.

Milestone Due

Muaūpoko Report Release Mar 2017

Rangitīkei River Joint Hearing (with the Taihape inquiry) May 2017

Completion of the research casebook Aug 2017

Final amended statements of claim (ASOCs) Oct 2017

Aggregation/consolidation of claims Nov 2017

Casebook review Nov 2017

Gap-filling research identified from the casebook review Dec 2017

Draft joint statement of issues (JSOI) from counsel and unrepresented claimants Dec 2017

Statement of response and concessions from the Crown (SORAC) Apr 2018

Draft Tribunal SOI (TSOI) May 2018

Written submissions on the TSOI from counsel and claimants Jun 2018

Judicial conference Jun 2018

Final TSOI Jul 2018

Next steps from here…

Following the completion of all research reports the Tribunal, claimants and counsel will have a

robust research casebook. Claimants and counsel are required to lodge their final amended

statements of claim (ASOCs) by October 2017. Despite the date being in the last quarter of 2017 it is

important to start thinking about these now. We strongly encourage claimants and counsel to

participate in forthcoming research hui and to respond to draft reports when they are provided by

the Crown Forestry Rental Trust and the Waitangi Tribunal Unit.

6 ISSUE THREE

Porirua ki Manawatū Tribunal

Deputy Chief Judge Caren Fox (Ngāti Porou) was appointed to both the Māori Land

Court and the Waitangi Tribunal in 2000. She has been a presiding officer for the

aquaculture claims, the Te Arawa mandate and settlement claims, the Haane

Manahi claim, the Central North Island stage 1 claims, the Kōhanga Reo National

Trust claim and the New Zealand Māori Council and Māori Wardens claims. At the

time she was first appointed to the Māori Land Court in 2000, Judge Fox was one of

only two women appointed to the Land Court since 1862.

The Honourable Sir Douglas Kidd grew up in the Horowhenua and studied law at

Victoria University. Sir Doug was a solicitor and practicing partner at Wisheart

Macnab and Partners for 15 years. He was elected as a Member of Parliament in

1978, and has managed numerous portfolios. Sir Doug was made Speaker of the

House in 1996, became a Distinguished Companion of the New Zealand Order of

Merit in 2000, and was appointed to the Tribunal in 2004.

Grant Phillipson is a historian with a wealth of experience in Treaty history and

Tribunal processes. He has been a commissioned researcher, research manager and

Chief Historian at the Waitangi Tribunal, and has contributed reports to district

inquiries including Te Tau Ihu o te Waka a Māui (northern South Island) and Rekohu

(Chatham Islands). Dr Phillipson has published numerous papers about New Zealand

history and was appointed to the Tribunal in 2010.

Tania Simpson (Tainui, Ngāpuhi, Ngāi Tahu) grew up in Te Kuiti and is the CEO of

Māori development company Kōwhai Consulting. She has sat on several boards

including Mighty River Power and AgResearch Ltd, and is the first Māori woman to

be appointed to the board of the Reserve Bank. Tania has a Bachelor of Arts in

Māori from Waikato University and a Master of Mātauranga Māori from Te

Wānanga o Raukawa. Tania was appointed to the Tribunal in 2008.

Emeritus Professor Sir Tamati Reedy (Ngāti Porou) was a Fulbright Scholar serving

as Associate Professor at the University of Alabama from 1982 to 1983. He was the

chief executive and secretary of the Department of Māori Affairs from 1983 to 1989

and was awarded the 1990 New Zealand Medal for public service. Sir Tamati was a

Dean at Waikato University. He was appointed to the Tribunal in 2010, and was

knighted in 2011. Sir Tamati is interested in his mokopuna and tennis, and was a

Māori All Black in the 1960s.

7 ISSUE THREE

Waitangi Tribunal Staff Update

In 2016 the Porirua ki Manawatū team regretfully farewelled Richard Towers (report writer) and

Ariana Reweti (assistant registrar). We thank them for all the work they have done with the Waitangi

Tribunal Unit and wish them the best for the future.

We welcome contact from all inquiry parties via the contact details below. See the role descriptions

below for the most appropriate staff contact to assist with your query.

Emma Powell Research

Analyst /

Inquiry

Facilitator

Emma is responsible for the day-to-day aspects of the inquiry,

planning inquiry milestones and project managing commissioned

research. Emma is the central point for liaison on procedural and

evidential matters between the Tribunal and external parties. She

will draft and prepare documents, provide advice on inquiry

matters, and provide analytical support at judicial conferences and

hearings.

04 471 4920 | Emma.Powell@justice.govt.nz

Jay Cameron-

Hamiora

Claims

Co-ordinator

Jay is responsible for the organisation and management of inquiry

events, the preparation and distribution of documents, and the

maintenance of the record of inquiry. He is the primary liaison for

administrative and event management matters between the

Tribunal and external parties.

04 419 3059 | Jay.Cameron-Hamiora@justice.govt.nz

Brianna Boxall Assistant

Registrar

Brianna provides advice on legal issues which may arise including

legislation which may affect the Waitangi Tribunal’s jurisdiction to

hear claims and claim issues. She also handles technical queries

about the claims from the public and provides advice to the

Presiding officer on filing and the Record of Inquiry.

Brianna.Boxall@justice.govt.nz

Kesaia Walker Inquiry

Supervisor

Kesaia is responsible for the oversight of the inquiry and the

research programme. She provides advice and quality assurance on

procedural and research documents. She also analyses inquiry

issues and develops inquiry procedures and strategies. Her role

extends to providing authoritative research, operational,

procedural and planning advice to Presiding Officers and Tribunal

members.

04 914 3086 | Kesaia.Walker@justice.govt.nz

Photos: Front page, top-right panel, from top left to right.

1. Rangitikei River at Tangimoana 2. Northwards from Tokorangi 3. Pekapeka 4. Poupatate Whare Front page, ‘In This Issue’, left-side panel, from top to bottom:

1. Public Gallery, Horowhenua events Centre, Levin Hearing, Nov 2015. 2. Rangitikei River 3. Kakariki 4. Tribunal Panel