The Mohaka River Report 1992

Table of Contents

Cover
Contents
Whakatext
	0.1 Whakatext
01 Introduction
	1.1 Te Tono a te Iwi (The Claim)
	1.2 The History of the Claim
	1.3 Planning Tribunal Inquiry
	1.4 Waitangi Tribunal Hearings
	1.5 Notice to Crown
02 Mohaka te Awa Ngati Pahauwera te Iwi
	2.1 Te Whakaeke
	2.2 The Oral Traditions
	2.3 Te Iwi o Ngati Pahauwera (The Ngati Pahauwera People)
	2.4 Te Rohe (The Place)
	2.5 Te Awa o Mohaka (The Mohaka River)
	2.6 The River as Their Taonga
	2.7 Archaeological Sites on the River
	2.8 The River as a Highway
	2.9 Rights to the River
	2.10 Rangatiratanga: Ngati Pahauwera and Other Tribes
	2.11 Mana and Rangatiratanga Over the River
	2.12 Ngati Pahauweras Relationship With the Mohaka
	2.13 Treaty Protection for Ngati Pahauwera
03 The Mohaka Purchase and the Crowns Assumption of Riparian Rights
	3.1 Ngati Pahauweras Customary and Treaty Rights Over the River
	3.2 Crown Land Purchase Policy
	3.3 Waikare and Mohaka Chiefs Offer Land to McLean
	3.4 McLean Procures a Survey
	3.5 Deed of Sale
	3.6 Was Any Part of the Mohaka River Sold?
	3.7 Ad Medium Filum Aquae Presumption
04 Sales of Land on the North Bank of the River
	4.1 Introduction
	4.2 The Native Land Court System
	4.3 Native Land Court Investigation of Titles
	4.4 Subdivision and Sale of Rotokakarangu
	4.5 Other Subdivisions and Sales of Land on the North Bank
	4.6 The Social and Economic Consequences of Subdivision and Sale
	4.7 Summary
05 The Erosion of Ngati Pahauwera Rights Over the River
	5.1 Sharing the River With the Settlers
	5.2 Co-operating With Government in the Exercise of Rangatiratanga
	5.3 Soil Erosion, River Pollution and the Imposition of a River-Use Regime
	5.4 Rangatiratanga and Kawanatanga and the Mohaka River
	5.5 Treaty Findings
	5.6 Recognition of Treaty Principles by the Planning Tribunal
	5.7 The Role of the Hawkes Bay Regional Council and the Resource Management Act 1991
	5.8 Public Works, Gravel Extraction and the Crown Assumption of Control Over the River
	5.9 Recreational Activities and the Draft Water Conservation Order
06 Conclusions and Recommendations
	6.1 Principles of the Treaty
	6.2 The Costs of Bringing the Claim
	6.3 Conclusions
	6.4 Recommendations
	6.5 Concluding Comments
Appendix 01 The Claim
	1.1 The Claim received 29 January 1990
	1.2 Extract from further statement of claim received 6 April 1990
	1.3 Amendment to claim received 25 November 1991
	1.4 Memorandum of Counsel received 19 December 1991

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The Mohaka River Report 1992