|IN THE WAITANGI TRIBUNAL | | | | | |No: | | | | |IN THE MATTER |of the Treaty of Waitangi Act | | |1975 | | | | |AND | | | | | |IN THE MATTER |of a claim by MEMORY MEMILIA | | |HINEIKAKERANGI TE WHAITI for | | |and on behalf of Ngati Hinewaka| | |me ona karangaranga | | | | | | | | | |STATEMENT OF CLAIM | | | |DATED | |2001 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |PRESENTED FOR FILING BY: EAST BREWSTER, | |Solicitors for the Claimant | |1256 Arawa Street, Rotorua Tel: (07) 347-9076 | |Fax (07) 347-8701 | |Solicitor dealing with proceeding: D J Ambler | |da\doc\hinewaka sc.doc:1 | 1. Background 1.1 The claimant is MEMORY MEMILIA HINEIKAKERANGI TE WHAITI. 1.2 The claimant is Maori and is of Ngati Hinewaka and the related hapu set out below (hereafter collectively referred to as "Ngati Hinewaka me ona karangaranga") and claims on their behalf : + Ngati Te Kawekairangi + Ngati Rongomaiaia + Ngati Hinetauira 1.3 The claimant claims that Ngati Hinewaka me ona karangaranga have been, and remain, prejudicially affected by the Acts, regulations, policies, practices and omissions of the Crown which were enacted, promulgated, formulated, undertaken, done or omitted in breach of the principles of the Treaty of Waitangi, particulars of which are set out in the following paragraphs. 1. Cession of Mangaroa 2. At all material times and in particular as at 1840 the Mangaroa Block comprising approximately 80,000 acres was the customary land of Ngati Hinewaka me ona karangaranga. 3. In about 1845 a dispute arose between Wereta Te Kawekairangi with a local settler, Richard Barton, which resulted in Wereta Te Kawekairangi seizing certain chattels belonging to Richard Barton. 4. As purported punishment of Wereta Te Kawekairangi the Crown forced the cession of the Mangaroa Block to the Crown. 5. As a result of the Crown's breach Ngati Hinewaka me ona karangaranga have suffered the following prejudice: f( The loss of customary land that had belonged to and supported Ngati Hinewaka me ona karangaranga for generations. g( The separation of Ngati Hinewaka me ona karangaranga from their kainga, waahi tapu and other natural resources on the Mangaroa Block. h( The reduced ability of Ngati Hinewaka me ona karangaranga to actively participate in the Wairarapa economy. i( The interference in the relationship between Richard Barton and Ngati Hinewaka me ona karangaranga. 10. Native Land Purchase Ordinance 1846 11. In 1846 the Crown promulgated the Native Land Purchase Ordinance 1846 which prohibited Maori from selling or leasing land other than to the Crown. 12. The Crown used the Native Land Purchase Ordinance 1846 to prevent Maori from continuing with the leasing arrangements entered into with settlers and to force Maori to sell land rather than lease land through the land purchase policies developed by the Crown following 1846. 13. As a result of the Crown forcing Maori to sell instead of lease land Ngati Hinewaka me ona karangaranga suffered the following prejudice: n( The permanent loss of customary land within the rohe of Ngati Hinewaka me ona karangaranga. o( The inability of Ngati Hinewaka me ona karangaranga to fully develop their tribal estate for the benefit of future generations. p( The denial of Ngati Hinewaka me ona karangaranga's preference to retain leasehold estates and have continuing relationships with local settlers. 17. Crown Purchases 18. In about 1852 the Crown commenced a policy and practice of purchasing Maori land including land of Ngati Hinewaka me ona karangaranga, (known as the 'McLean purchases'), which was in breach of the Treaty of Waitangi in the following particulars: s( The Crown failed to properly establish the rightful ownership of the land and failed to ensure that all owners were recorded on titles. t( The Crown failed to ensure that the Maori understanding of the transaction as a tukuwhenua was given effect to. u( The Crown failed to ensure that sufficient reserves (in terms of quantity and quality of land) were set aside for the Maori owners. v( The Crown failed to ensure that the boundaries of the land the subject of the transactions were in accordance with the Maori vendors' understanding and intention. w( The Crown failed to ensure that the reserves had legal access. x( The Crown failed to ensure that the coastal reserves included a 2-to-3 mile out coastal area included within the reserves. y( The Crown failed to ensure that the 5% arrangements were enforced in relation to the said transactions. 26. Landlocked Land 27. The Crown, when establishing reserves for Ngati Hinewaka me ona karangaranga, failed to ensure that legal access was established to the reserves. 5.2 At the present day Ngati Hinewaka me ona karangaranga have several reserves in respect of which they do not have legal access, namely: + Pukaroro + Huariki + Te Awaiti + Pirinoa 5. As a result of the Crown's breach Ngati Hinewaka me ona karangaranga have suffered the following prejudice: f( The inability to develop the land as an economic base. g( The loss of land through sales and Public Works Act takings. h( The inability to lease the land at market rates. i( The inability to access the coast and sea through the reserves. j( The inability to access waahi tapu. k( The illegal use of the land by neighbouring landowners. l( The humiliation and loss of mana of having to seek permission from neighbouring landowners to access the reserves. 13. Native Land Court 14. The Crown established the Native Land Court whereby the Crown imposed an English system of individualised land tenure contrary to the principle of chiefly authority and whanau and hapu based land tenure. 15. The Crown imposed a system of land tenure which did not recognise Ngati Hinewaka me ona karangaranga's rights and chiefly authority over the rohe of Ngati Hinewaka me ona karangaranga. 16. The Native Land Court system resulted in impractical partitions of land, depletion of chiefly authority and imposition of excessive survey costs. 17. The Crown enacted legislation allowing the Native Land Court, the Maori Land Court and the Maori Trustee to effect sales of Maori land without the consent of all landowners, such as in the situation of the Wharaurangi block sold in 1963. 18. The Crown wrongly acquired the Paehuia and Oruatamore reserves which are now part of the Ngaumu Forest. 19. Fishing Reserves 20. At the time of the McLean purchases Ngati Hinewaka me ona karangaranga understood that fishing reserves along the Wairarapa Coast from Palliser Bay to the mouth of the Aohanga River were to be granted to them. 21. The Crown has failed to set aside or recognise the fishing reserves between Palliser Bay and the Aohanga River. 22. In 1953 members of Ngati Kahungunu, including many of Ngati Hinewaka me ona karangaranga, petitioned Parliament to protect the said fishing reserves out to a distance of 2-to-3 miles. 23. The Crown failed to give effect to the fishing reserves identified in the said petition. 24. As a result of the said breach Ngati Hinewaka me ona karangaranga has suffered the following prejudice: y( Lack of legal recognition of the fishing reserves. z( Continued trespass onto and over the said fishing reserves. aa( Significant depletion of seafood stocks. ab( An inability to exploit the reserves as Ngati Hinewaka me ona karangaranga considers appropriate. 29. Waahi Tapu 30. The Crown has failed to protect the koiwi and waahi tapu of Ngati Hinewaka me ona karangaranga whereby for decades grave robbers and fossickers have taken koiwi and taonga and have desecrated waahi tapu, in particular: ae( The Crown has failed to prevent koiwi being taken from sand dunes and settlements along the east coast of Wairarapa. af( The Crown has failed to ensure that local bodies such as the South Wairarapa District Council ensure appropriate protection of waahi tapu and archaeological sites. ag( The South Wairarapa District Council and Carterton District Council have allowed subdivisions at Flat Point, Glenburn, Mangatoetoe and Whatarangi without ensuring appropriate protection of waahi tapu and archaeological sites. ah( The South Wairarapa District Council has constructed roadways which endanger koiwi such as the urupa at Te Kopi. ai( The Historic Places Trust has only registered nine archaeological sites of special significance in the southern Wairarapa even though there are over 200 recorded waahi tapu sites. 36. Spiritual and Cultural Beliefs 37. The Crown has actively sought to undermine the spiritual and cultural beliefs of Ngati Hinewaka me ona karangaranga by enacting legislation such as the Tohunga Suppression Act and other legislation. 38. Prejudice 39. As a result of the Crown's said breaches of the Treaty of Waitangi Ngati Hinewaka me ona karangaranga have suffered the following prejudice: 1.3.1 Loss of the Mangaroa block comprising 80,000 acres. 1.3.2 Loss of other land as a result of the McLean purchases. 1.3.3 Loss of reserves due to their insufficiency in terms of quantity and quality of land. 1.3.4 Loss of income due to the termination of leasing arrangements with settlors and the failure to enforce the 5% arrangements. 1.3.5 Lack of legal access to reserves resulting in an inability to fully utilise those reserves as intended. 1.3.6 Loss of traditional seafood stocks on the Wairarapa Coast due to the failure to give effect to and enforce the fishing reserves. 1.3.7 Desecration of koiwi, taonga and waahi tapu. 1.3.8 Undermining of spiritual and cultural beliefs. 1. Relief 2. The Claimant seeks all or any of the following relief: c( Findings that the Crown breaches the principles of the Treaty of Waitangi as outlined above. d( An apology from the Crown for the breaches of the Treaty of Waitangi as outlined above. e( A recommendation that the Crown compensate Ngati Hinewaka me ona karangaranga for the prejudice suffered as a result of the Acts, regulations, policies, practices and omissions of the Crown as outlined above. f( A recommendation for the return of such land, forests, fisheries and other such properties owned by the Crown. g( A recommendation pursuant to Sections 8A and 8H(b) of the Treaty of Waitangi Act in respect of any State Owned Enterprise land and Crown Forest Licensed land within the rohe of Ngati Hinewaka me ona karangaranga. h( A recommendation that the Crown pay the full costs of Ngati Hinewaka me ona karangaranga for the preparation and presentation of this claim and the costs of negotiating and recovering any compensation from the Crown. i( Any other relief the Tribunal may deem fit. 10. Leave to Amend 11. The Claimant reserves the right to amend or add further to this claim as necessary. THIS DOCUMENT is filed by David John Ambler, Solicitor for the abovenamed Claimant of the firm of East Brewster. The address for service of the abovenamed Claimant is at the offices of East Brewster, 1256 Arawa Street, Rotorua. Documents for service on the abovenamed Claimant may be left at that address for service or may be - (a) Posted to the solicitor at PO Box 1742, Rotorua; or (b) Left for the solicitor at a document exchange for direction to DX JP30017 da\doc\hinewaka sc.doc:2