OTS Presentation Monday 4th August Final

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Transcript OTS Presentation Monday 4th August Final

Meeting with Office of Treaty Settlements
Patuharakeke – who are we?
Patuharakeke- who are we?
mana whenua from tupuna primarily from Ngati Ruangaio and
Ngaitahuhu - Te Taotahi and Urikuri
Patuharakeke have lived continuously in the rohe from 1760s
marae at Takahiwai pre Treaty of Waitangi – Colenso 1839
mana whenua in the rohe based on ahi ka , take raupatu, take
tupuna, take tuku
 kainga at Takahiwai, Otaika, Titahi, Toetoe, Mangapai and Tamaterau
Patuharakeke – who are we ?
 Patuharakeke rohe is at the border of Ngapuhi and Ngati Whatua –
acknowledged as a border zone of overlapping interests
 1825 – Te Ika-a-ranga-nui battle at Kaiwaka
 ‘Toa ana te riri i Ngatiti, tau ana te marino i te raki’ – when there is
fighting at Ngatiti, there is peace in the North
 Iwi affiliations to Ngapuhi, Ngati Whatua and Ngati WaiTakahiwai marae is on the Runanga of all 3
 Connected by whakapapa to many including Ngati Ruangaio, Te
Parawhau, Te Uriroroi, Ngati Tu, Ngati Manaia, Ngati Manuhiri, Te Uri
o Hau, Ngati Rongo
Patuharakeke Rohe
Patuharakeke Rohe
“all the lands beginning at Otaika then west to Tangihua ranges. This includes Ruarangi. Then
south through Waikiekie and on to Taipuha and then across to Wakatarariki (Bream Tail).
From Te Hauturu o Toi to Aotea and up through the Mokohinau's to the Poor Knights (Tawhitirahi
and Aorangi) and encompassing Marotiri, Ngatuturu and Taranga.
Back to Home Point the pa of Hikurangi then Whangarei Heads the pa of Te Whakaariki and along
the north side of Whangarei Harbour to Tamaterau the small sentinel pa of Te Pirihi.
Across the harbour to the south side up through Toetoe to Otaika the point of commencement and
back down the harbour to take in Kopuawaiwaha, Mangapai, Totara, Springfield, Mata, Mangawhati,
Ngatiti, Takahiwai, One Tree Point, Poupouwhenua, Ruakaka, Waipu and Langs Beach at
Wakatarariki Bream Tail.”
Patuharakeke- a Large Natural Grouping
 was accepted as meeting all the criteria of an iwi under the Runanga Iwi
Act 1990-tupuna, marae, hapu, takiwa, recognised by others
 recognised by neighbouring iwi and local authorities and corporates
 has a marae at Takahiwai, has Tupuna
has a defined geographical area - “area of interest”
Has had a well established governance entity for almost 25 years–
Patuharakeke Trust Board
No other Patuharakeke claimant group seeking mandate
Beneficiary register currently being updated, estimated 2000 eligible
registrants over the age 18
OTS Settlement Progress Map 2012
Rohe o Ngati Whatua
Patuharakeke rohe
 significant commercial development over the last 50 years starting with
oil refinery 1965
 proximity to deep water port, oil refinery and transport links to Auckland,
flat land for development
North Holdings propose a 135 ha commercial/residential development
including a tertiary institution (private plan change approved by WDC
Northgate- a $75m industrial park adjacent
Whangarei Racing Club proposal for Plan change of 50 ha coastal land
to allow residential and commercial activity
Patuharakeke Te Iwi Trust Board (Inc)
Patuharakeke Te Iwi Trust Board represents Patuharakeke on matters
pertaining to mana whenua, mana moana, mana tangata such as
recognition of Te Tiriti o Waitangi, environment and resource management
and engagement, and facilitates involvement in
Treaty claim process
 Incorporated in 1990
 Trust Deed , Constitution . Minimum of 3 trustees , maximum of 7
Current trustees include Ray Wassell (Acting Chair), Juliane Chetham
(acting secretary), Patsy Heperi (treasurer) , Ani Pitman , Jared Pitman and
Gilbert Paki
Patuharakeke Te Iwi Trust Board
Memoranda of Understanding/Significant Relationships:
 Whangarei District Council
Department of Conservation
NZ Oil Refinery Ltd
Mighty River Power
Golden Bay Cement
Northgate Holdings Ltd
Patuharakeke – a long history of engagement
 Wiki Te Pirihi elected to Maori Parliament 1896
Maki Te Pirihi petitions House of Representatives 1926
 Petitions to parliament with respect to Public Works takings- 1964
 Environment Court challenge “ Port Corp hearings” 1998
 Whangarei District Council RMA Environment Plan 2007
Submissions on Seabed and Foreshore Act 2008- 2011
Presentations to various select committees
Submission to Minister of Conservation 2010
Waitangi Tribunal evidence presented in Te Paparahi o Te Raki Oct 2013
Ruakaka Racecourse Zoning issue 2011 – 2013 and appeal 2014
High Court and Waitangi Tribunal application re: MRP land sales 2014
Rohe Moana
Fisheries (Kaimoana Customary Fishing) Notice
(No. 1) 2009 (No. F482)
5. Confirmation of tangata whenua—Patuharakeke is
confirmed as the tangata whenua of the area/rohe moana to
which the appointment of Tangata Kaitiaki relates.
Patuharakeke Te Iwi Waitangi Claims
• Wai 504 – South Whangarei Land Claim
• Wai 745
- Patuharakeke Hapu Land Claims
• Wai 1308 - Pukekauri and Takahiwai blocks: Public Works takings)
• Wai 1392 (Pukekauri 1A,2A) and Wai 1512 (descendants of Wiki Te
Pirihi Hetaraka)
Research completed 2012, briefs of evidence presented at Stage 2
hearings in October 2013
Waitangi Tribunal Website
• Te Paparahi o Te Raki (Northland) Te Paparahi
• The Te Paparahi o Te Raki regional inquiry, presided over by Judge
Craig Coxhead, currently comprises around 390 claims brought largely
by Ngāpuhi, Ngāti Whātua, Ngāti Wai, Ngāti Hine, Patuharakeke, Ngāti
Rehua, and Ngāti Manuhiri claimants
• Major issues in the Te Raki stage 2 inquiry include:
• Specific local issues including the Port of Whangarei/Northport,
Marsden Point Refinery, Hauturu (Little Barrier Island) and Hato
Petera College – sale of Crown Grants Lands.
Patuharakeke Waitangi Land Claims
Patuharakeke have lived continuously at Takahiwai since the signing
of Te Tiriti o Waitangi in 1840, with the Reverend Colenso recording
Whakaariki as a tohunga residing at Takahiwai during his visit to
Whangarei in 1839.
The alienation of land in the rohe through Crown action has resulted
in less than two percent remaining. The Crown has conceded that iwi
in the Whangarei region are virtually landless and that the Crown’s
failure to ensure sufficient land was retained was a breach of Te Tiriti
o Waitangi.
Patuharakeke Treaty Claims
There are examples in the rohe of Patuharakeke of virtually all of the
mechanisms by which Crown actions led to alienation-‐-confiscation,
excessive Crown purchasing, failure to reserve sufficient lands, failure
to protect reserved lands, the impact of Native land laws on tribal
structure with fragmentation and individualisation of title, alienation in
lieu of survey charges and Public Works legislation.
Te Poupouwhenua
In breach of Article 2, the Crown through its agent John Grant Johnson
confiscated Te Poupouwhenua, a block of 5000 acres
The circumstances of the confiscation have many similarities to the ceding
of Te Kopuru Block as detailed in the Kaipara report
The Crown adopted the Maori concept of accepting land as “utu” as a way
of compensation for the “outrage”. This method of acquiring land was not
consistent with British law and not consistent with the practice at the time
of extinguishing Native Title which had to be done by Crown purchase or
an Act of Parliament .
Confiscation of Te Poupouwhenua
Patuharakeke whenua – map as at 1854
Mighty River Power
 most of the land for sale by MRP is in Te Poupouwhenua
 Two of the blocks including the power station site have 27B
memorials on the title
 Te Poupouwhenua is of huge significance to Patuharakeke, there has
been a devastating environmental impact on the area
Te Koutu (Marsden Point) was the customary site for tuatua, pipi
gathering and the netting of piper and kahawai
Te Rauiri (Blacksmith’s Creek) was where pingao (golden sedge) was
harvested from the dunes for use in tukutuku
Tuhoronuku Independent Mandated
Authority (TIMA)
Kaikohe based entity to represent Ngapuhi to negotiate a settlement for
Treaty claims
22 elected representatives announced 31st July 2014
15 are hapu representatives from 5 regions- Hokianga, Kaikohe-WaimateTaiamai, Whangaroa, Te Pewhairangi and Whangarei ki Mangakahia
Whangarei ki Mangakahia representatives are from Ngati Toki, Te Uriroroi,
Ngati Te Rino
TIMA can not meet the needs of Patuharakeke for settlement of its
historical Treaty claims
‘Where a claim only relates in part to Ngapuhi, only part of that claim will
be settled’
Te Runanga o Ngati Whatua (TROW)
The Runanga has progressed the iwi claims of Ngati Whatua through Wai
303 since 1992
It proposes to negotiate the partial settlement of other claims including
Wai 745
The traditional northern boundary of TROW is defined as Manaia titiro ki
Whatitiri, Whatitiri titiro ki Tutamoe, Tutamoe titiro ki Maunganui
The 19 hapu of Ngati Whatua as set out in the Charter of TROW include
Of note, Te Roroa and Te Uri o Hau who are hapu of TROW, have achieved
direct settlement
Ngati Wai Trust Board (NTB)- Mandated
Representative Body
Ngati Wai hold their primary identity as descendants of Manaia I & II
NTB will only negotiate the settlement of historical claims of hapu to
the extent that they are descended from Ngati Wai tupuna
In relation to shared or related hapu (Patuharakeke) the claimant
definition will be developed to identify the extent to which the claims
of each shared hapu will be settled through NTB
A letter from OTS dated September 2013 confirms this
NTB has not completed historical research on Treaty breaches for the
southern takiwa but includes Wai 504 and Wai 745 in its mandate
Why is the position of Patuharakeke unique?
Patuharakeke has maintained it’s autonomy with the Treaty claim
process and has held on to it’s mandate
 Patuharakeke rohe is on the border of Ngapuhi and Ngati Whatua
 affiliated to all 3 iwi currently negotiating with the Crown for
settlement of historical treaty claims but has mana tupuna tuturu
Patuharakeke has completed comprehensive research into its Treaty
claims and proven significant breaches including raupatu
The rohe of Patuharakeke has the most extensive commercial and
industrial development in Te Tai Tokerau
Office of Treaty Settlement and Patuharakeke
Patuharakeke as mana whenua of this rohe is the only group that is best suited
for the Crown to settle the historical grievances of our people.
We seek in the first instance, the land-banking of all s27B memorialised land
currently owned by MRP, particularly given that this was land confiscated from
Patuharakeke tupuna.
Patuharakeke has maintained its autonomy and has not given it’s mandate for
settlement to any group currently negotiating with the Crown
 The Patuharakeke claimant group is clearly identified and the claim area well
Comprehensive historical research into Crown Treaty breaches has been
completed and presented at Stage 2 hearings- the breaches include confiscation
It is proposed that settlement would include Wai claims 504, 745, 1308,1392 and
Patuharakeke Te Iwi has the expertise and governance structures and capacity to
proceed in a timely manner with a Mandating strategy