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Te Whanganui-a-Orotu Report


Table of Contents

1 Introduction
1.1 Te tono a te iwi (the claim)
1.2 The claim area
1.3 The claimants
1.4 The claim
1.5 The development of the claim
1.6 The findings and recommendations sought
1.7 The Waitangi Tribunal Hearings
2 Nga Hapu o Te Whanganui-a-Orotu
2.1 Te powhiri
2.2 The Maori history of Te Whanganui-a-Orotu
2.3 Te Whanganui-a-Orotu a taonga
2.4 Principal pa sites
2.5 Customary use rights
3 The Ahuriri Purchase
3.1 Introduction
3.2 Early European contacts
3.3 Crown land purchase policy and proceedings
3.4 McLean negotiates the Ahuriri purchase
3.5 Final Arrangements
3.6 Completing the purchase
3.7 Official reports on the Ahuriri purchase
3.8 Conclusions
4 The Deed, Translation, and Plan
4.1 The originals
4.2 The copies
4.3 The Deed
4.4 Lament and farewell to ancestral lands
4.5 The reservation of Roro o Kuri
4.6 The fishing right and canoe landing places
4.7 The Deed Plan
4.8 Was the red line on the plan before the deed was signed?
4.9 Two different viewpoints
5 Settler Encroachments in the Provincial Period
5.1 Sharing the harbour with the settlers
5.2 Pastoralism overwhelms partnership
5.3 Further Crown land purchases
5.4 The anti-land selling movement
5.5 Renewed land purchasing
5.6 Port development and reclaimation
5.7 The loss of Te Pakake
5.8 The Crowns anomalous position on reserves and islands
5.9 Paora Torotoros application for title to six islands
5.10 Tareha claims relaimed land
5.11 An inner harbour versus a breakwater harbour
5.12 The provincial government proposes Te Whanganui-a-Orotu as security for a harbour loan
6 The Expropriation of Te Whanganui-a-Orotu by Statute
6.1 Te Whanganui-a-Orotu is vested in the Napier Harbour Board
6.2 The loss of Pukemokimoki
6.3 The dredging and reclaiming of Te Whanganui-a-Orotu before the earthquake
6.4 Roads and bridges
6.5 The reclaimation of the lagoon
6.6 The pollution of the Ahuriri estuary
7 The Loss of All That Remained
7.1 The impact of the 1931 earthquake
7.2 Relief and reconstruction
7.3 Renewed harbour development
7.4 The reclaimation of the lagoon
7.5 The diversion of the Tukaekuri River
7.6 Land development for farm settlement
7.7 The compulsory acquisition of the islands
7.8 Conclusion
8 The Disposal and Utilisation of Reclaimed Land
8.1 The evidence
8.2 The greater Napier scheme
8.3 The Hawkes Bay Airport
8.4 The Ahuriri Farm Settlement
8.5 The division of Crown land
8.6 The demise of the harbour board and the division of the remaining endowment
8.7 Environmental damage since the earthquake
9 The Ahuriri Estuary: Environmental and Management Issues
9.1 The issues
9.2 The esturary and its ecological importance
9.3 Conflict over use and management
9.4 Reports and Discussions on future management
9.5 The Knox report
9.6 Ecology Action and Wai-Ora Action: Complaints and Proposals
9.7 Harbour board proposals and district scheme reviews
9.8 Draft management plan mooted
9.9 Monocultural legislation and processes
9.10 The new legislative and administrative framework
9.11 Management plans covering the Te Whanganui-a-Orotu area
9.12 New consultative processes
9.13 Does the new structure for environmental management adequately protect the Tangata Whenuas treaty rights?
10 Petitioning for the Investigation of Title of Te Whanguni-a-Orotu
10.1 The principle of redress
10.2 The beginnings of protest and petitions
10.3 The 1875 Petition
10.4 The Petition of 1894
10.5 The 1907 Petition
10.6 Applications to the Native Land Court 1916-19
10.7 The 1919 Petition and 1920 Native Land Claims Commission
10.8 The application for seven islands
10.9 The 1925 petition of Te Wahapango
10.10 The 1932 Petition
10.11 Judge Harveys 1934 Inquiry
10.12 The aftermath of the Harvey Report
10.13 Further attempts to seek redress from the Government
10.14 Conclusion
11 Ngati Pahauweras Claim
11.1 Introduction
11.2 The lodging of the claim
11.3 Whakapapa
11.4 Whanaungatanga
11.5 Rangatira Rights
11.6 Ahi Kaa and Rohe
11.7 Ringakaha
11.8 Petitioning
11.9 Conclusions
12 Conclusions and Recommendations
12.1 The role of the Tribunal
12.2 The principles of the Treaty
12.3 The application of Treaty principles to the present claim
12.4 Recommendations
Appendix I - Statements of Claim
Second Amended Statement of Claim
Amendment to the Second Amended Statement of Claim (14 July 1993)
Second Amendment to the Second Amended Statement of Claim (14 July 1993)
WAI 432 - Statement of Claim
Appendix II - Record of Hearings
D First Hearing, Omahu Marare, Omahu, 19-23 July 1993
E Second hearing, Napier City Council Chambers, Napier, 4-8 October 1993
F Third hearing, The Great Wall Conference Centre, Napier, 6-8 December 1993
G Fourth hearing, Ngati Pahauwera hearing in relation to Te Whanganui-a-Orotu, Waitangi Tribunal Division Hearing Room, Seabridge House, Wellington, 31 January 1994
H Fifth Hearing, The Great Wall Conference Centre, Napier, 2-4 May 1994
Map and Deed Visit, Department of Survey and Land Information, Heaphy House, Wellington, 1 July 1994
I Sixth hearing, The Great Wall Conference Centre, Napier, 18-22 July 1994
Appendix III - Record of Proceedings
Appendix IV - Record of Documents
Appendix V - Regional Policy Statement Extracts
Appendix VI - Related Legislation
LEGISLATION RELATING TO THE EXPROPRIATION OF TE WHANGANUI-A-OROTU

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