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Meeting with Office of Treaty Settlements

Meeting with Office of Treaty Settlements. Patuharakeke – who are we?. Takahiwai. Patuharakeke- who are we?. m ana whenua from tupuna primarily from Ngati Ruangaio and Ngaitahuhu - Te Taotahi and Urikuri Patuharakeke have lived continuously in the rohe from 1760s

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Meeting with Office of Treaty Settlements

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  1. Meeting with Office of Treaty Settlements Patuharakeke – who are we?

  2. Takahiwai

  3. 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

  4. 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 Wai- Takahiwai 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

  5. Patuharakeke Rohe

  6. 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.”

  7. 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

  8. OTS Settlement Progress Map 2012

  9. Rohe o Ngati Whatua

  10. 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 2011) • Northgate- a $75m industrial park adjacent • Whangarei Racing Club proposal for Plan change of 50 ha coastal land to allow residential and commercial activity

  11. Proposed site for Marsden City- ’The future is here’

  12. 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

  13. Patuharakeke Te Iwi Trust Board Memoranda of Understanding/Significant Relationships: • Whangarei District Council • Department of Conservation • NZ Oil Refinery Ltd • Mighty River Power • NIWA • Golden Bay Cement • Northport • Northgate Holdings Ltd

  14. 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

  15. 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.

  16. 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

  17. 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.

  18. 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 Whakaarikias 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.

  19. 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.

  20. 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 .

  21. Confiscation of Te Poupouwhenua

  22. Patuharakeke whenua – map as at 1854

  23. Waiwarawara

  24. 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

  25. Tuhoronuku Independent Mandated Authority (TIMA) • Kaikohe based entity to represent Ngapuhito negotiate a settlementfor Treaty claims • 22 elected representatives announced 31st July 2014 • 15 are hapu representatives from 5 regions- Hokianga, Kaikohe-Waimate-Taiamai, 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’

  26. 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 Patuharakeke • Of note, Te Roroa and Te Uri o Hau who are hapu of TROW, have achieved direct settlement

  27. 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

  28. 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

  29. 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 defined • 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 1512 • Patuharakeke Te Iwi has the expertise and governance structures and capacity to proceed in a timely manner with a Mandating strategy

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