(TAKUTAI MOANA) BILL E kau I te wai e, e kau I te wa
(TAKUTAI MOANA) BILL E kau I te wai e, e kau I te wa
(TAKUTAI MOANA) BILL E kau I te wai e, e kau I te wa
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
MĀORI AFFAIRS SELECT COMMITTEE<br />
SUBMISSION ON THE MARINE AND COASTAL AREA (<strong>TAKUTAI</strong> <strong>MOANA</strong>) <strong>BILL</strong><br />
E <strong>kau</strong> I <strong>te</strong> <strong><strong>wa</strong>i</strong> e, e <strong>kau</strong> I <strong>te</strong> <strong><strong>wa</strong>i</strong> e<br />
Wahiatu <strong>te</strong> ngaru hukahuka o Te A<strong>wa</strong>nui<br />
Pikitia <strong>te</strong> aurere kura o taotaorangi<br />
Tapatapa ruru ana <strong>te</strong> ka<strong>kau</strong> o <strong>te</strong> hoe<br />
E auheke ana e tara tutū ana I <strong>te</strong> puhi whatukura, I <strong>te</strong> puhi māreikura<br />
o taku <strong>wa</strong>ka o Takitimu<br />
TIHEI MAURI ORA!<br />
Ko Mauao ko Pūwhenua ōku maunga<br />
Ko Kopurererua Ko Waikareao ōku a<strong>wa</strong><br />
Ko Te A<strong>wa</strong>nui tōku moana<br />
Ko Takitimu tōku <strong>wa</strong>ka<br />
Ko Rapana I <strong>te</strong> Ata a nuku Ata a rangi <strong>te</strong> hoe<br />
Ko Te Āwhiorangi <strong>te</strong> toki<br />
Ko Ngati Ranginui tōku iwi<br />
Ko Ngāi Tamarā<strong>wa</strong>ho tōku hapū<br />
Ko Huria tōku marae<br />
Ko Tama<strong>te</strong>apōkaiwhenua <strong>te</strong> tupuna whakairo<br />
Ko Ihuparapara me Iwipupu <strong>te</strong> puna kai<br />
Koirā <strong>te</strong> kōkōrāhō mai I ngā maunga ki Te A<strong>wa</strong>nui e…<br />
This submission is made by Morehu Ngatoko Rahipere of<br />
I wish to appear before the Māori Affairs Select Commit<strong>te</strong>e to<br />
speak to this submission.<br />
1. Relationship to the Takutai Moana<br />
He aha <strong>te</strong> kōrero māku? How do I express my feelings? Feelings of those<br />
days long ago? Our long and spiritual association with Te A<strong>wa</strong>nui<br />
harbour?<br />
Perhaps I will begin by stating that Maori culture is based on whakapapa<br />
(genealogical connection between all things). Just as humans are a part<br />
of nature, so too are the forests, <strong>wa</strong><strong>te</strong>r<strong>wa</strong>ys, the seas, the takutai moana<br />
and everything contained within them. 1<br />
1 Environmental Risk Management Authority, “Incorporating Maori Perspectives in Part V<br />
Decision Making” (ERMA New Zealand Policy Series: Protocol 1. November 2004), p. 15.<br />
Retrieved from http://www.erma.govt.nz)<br />
1
And like other cultures, we as Maori have values, traditions and<br />
experiences that shape our views of the world, as well as laws which<br />
govern our respective communities, this is summarised within this quo<strong>te</strong>;<br />
Matauranga Maori is essentially a sys<strong>te</strong>m of knowledge and understanding<br />
about Maori beliefs relating to creation and the relationship between atua<br />
(supernatural guardians) and tangata (mankind). This relationship or<br />
whakapapa (genealogy) de<strong>te</strong>rmines the <strong>wa</strong>y people behave in the con<strong>te</strong>xt of<br />
their environmental ethical practices. Understanding Maori beliefs, values and<br />
the relationship of those to the natural world requires an understanding of<br />
traditional expressions including those portrayed in <strong><strong>wa</strong>i</strong>ata (song) and pepeha<br />
(proverbs). 2<br />
The whakatauki and pepeha which I have used on page 1 of this<br />
submission are expressions of my beliefs, values, and relationship to the<br />
natural world. In order to come to grips with this you must recognise<br />
that Maori concepts rarely correspond exactly with those Wes<strong>te</strong>rn<br />
concepts which they appear to resemble. Deviations are usually present<br />
and even if it appears that the reference is to a large ex<strong>te</strong>nt the same,<br />
there will be significant differences in the connotations.<br />
Before arguing why I oppose the Takutai Moana Bill in its current status, I<br />
will give an account of my memories, associations, and relationship with<br />
the takutai moana by referring primarily to Te A<strong>wa</strong>nui and the connecting<br />
<strong>wa</strong><strong>te</strong>r<strong>wa</strong>ys which feed this large expanse of foreshore and seabed.<br />
Let me first of all say that, in growing up at a very early age, I became<br />
very, very, familiar with our moana – Te A<strong>wa</strong>nui. I can still recall the days<br />
that were spent in gathering kaimoana. I would be asked to hitch up the<br />
horses to the gig, and we would head out to Te A<strong>wa</strong>nui for the purpose of<br />
gathering kaimoana.<br />
In those days Te A<strong>wa</strong>nui <strong>wa</strong>s a huge basket for the needs of our people.<br />
There <strong>wa</strong>s so much to offer; shellfish of all descriptions such as the<br />
tūangi, pipi, kukuroroa, pupu, titiko, kūtai, kina, paua, and not to<br />
mention, throwing a line into the channel to catch fish. Particularly, the<br />
kaha<strong><strong>wa</strong>i</strong>, trevally, pioke, herring and the flounders – yes a huge food<br />
basket.<br />
2 Environmental Risk Management Authority, “Incorporating Maori Perspectives in Part V<br />
Decision Making” (ERMA New Zealand Policy Series: Protocol 1. November 2004). Retrieved from<br />
http://www.erma.govt.nz)<br />
2
As a youngs<strong>te</strong>r it <strong>wa</strong>s all fun throwing the fishing lines out, sitting and<br />
<strong><strong>wa</strong>i</strong>ting in expectancy for the bi<strong>te</strong> of the fish, and sometimes, jumping<br />
into the channels to swim in the clear <strong>wa</strong><strong>te</strong>rs of Te A<strong>wa</strong>nui. Enacting the<br />
rituals of encoun<strong>te</strong>rs or spiritual practices specific for the purposes of<br />
gathering food were all inclusive in these experiences. All of these things<br />
I remember well while growing up.<br />
Te A<strong>wa</strong>nui<br />
Te A<strong>wa</strong>nui represents the huge expanse of <strong>wa</strong><strong>te</strong>r, foreshore and seabed<br />
that flows from within the harbour of Tauranga between Matakana and<br />
Ōtūmoetai. As the <strong>wa</strong><strong>te</strong>rs filled and then receded, you could gaze along<br />
the foreshores of both Matakana and Ōtūmoetai, and see the expanse of<br />
<strong>wa</strong><strong>te</strong>r and how far Te A<strong>wa</strong>nui ebbed and flowed.<br />
From Mauao across to Panepane, the eas<strong>te</strong>rn tip of Matakana Island<br />
forms the ga<strong>te</strong><strong>wa</strong>y to the large expanse of <strong>wa</strong><strong>te</strong>r aptly named Te A<strong>wa</strong>nui.<br />
Along inland Matakana from east to west and looking directly across to<br />
Ōtūmoetai flows Te A<strong>wa</strong>nui which gradually veers left at a point called<br />
Matuaiwi past Ōreanui, a former battle si<strong>te</strong>. From there it flows into the<br />
Pe<strong>te</strong>rehema estuary, spreading across to Tahataharoa where it clashes<br />
with the <strong>wa</strong><strong>te</strong>rs of the Wairoa river.<br />
Te A<strong>wa</strong>nui continues along the length and breadth of Matakana Island,<br />
past Motuhoa Island veering inland slightly behind Raropua then out to<br />
Omokoroa Point. From the wes<strong>te</strong>rn end of Matakana Island and<br />
Bowentown is a narrow outlet where Te A<strong>wa</strong>nui flows out to sea.<br />
From the inlet Te A<strong>wa</strong>nui spreads into what is today known as the<br />
Tauranga Harbour where on the eas<strong>te</strong>rn side lies Whareroa and it<br />
continues south past Matapihi, direct to Hairini and spreads into an area<br />
now known as Fraser Cove from whence the Waimapu stream flows in to.<br />
From here, it travels past Maungatapu and along the flats of Ngā Pāpaka<br />
o Rangataua and continues in<strong>wa</strong>rds along the flats of the Rangataua Bay<br />
(Welcome Bay), thus is the journey and vast expansive <strong>wa</strong><strong>te</strong>r<strong>wa</strong>ys of Te<br />
A<strong>wa</strong>nui.<br />
I turn back to Te A<strong>wa</strong>nui (commonly known as Tauranga Harbour) itself<br />
and what has happened here in my lifetime to da<strong>te</strong>. I <strong>wa</strong>nt to highlight<br />
the very thoughts in my mind about what has and continues to happen to<br />
a once beautiful harbour.<br />
With the advent of the port which <strong>wa</strong>s in itself inevitable, and with the<br />
continuous deepening of the harbour to accommoda<strong>te</strong> larger ships, my<br />
3
question is, how much more dredging will happen to accommoda<strong>te</strong> their<br />
needs, and at what expense to our cultural and spiritual associations with<br />
our maunga Mauao and our moana Te A<strong>wa</strong>nui?<br />
In the process of accommodating the whims of the rich, we have also<br />
witnessed the building of two marinas – a continued clut<strong>te</strong>ring of the<br />
harbour itself. Certainly the congestion of the harbour as we now see it<br />
today, shows a comple<strong>te</strong> disregard for the lived experiences and<br />
in<strong>te</strong>ractions, needs and thoughts of others who care about the harbour<br />
and its once pristine condition.<br />
These significant factors have impac<strong>te</strong>d severly and changed the whole<br />
face of the harbour itself. Seafood is no longer available in the<br />
abundance I experienced as a child, and if it is, it comes with algae bloom<br />
as a result of the pollution. We only need ask those who were affec<strong>te</strong>d<br />
by shellfish poisoning, they gathered from within the harbour as recent as<br />
2-3 months ago. Our Kaupapa Māori Health services within Ranginui iwi<br />
receive upda<strong>te</strong>s from Toi Te Ora: Public Health, that <strong>te</strong>ll us where rāhui<br />
have been placed in and around the harbour as a result of contamina<strong>te</strong>d<br />
shell food.<br />
I of<strong>te</strong>n ask myself ‘what does it mean, that in today’s society, what is<br />
happening? A lot of seafood and shellfish that we relied on is no more,<br />
particularly within the inner harbour itself.<br />
To answer my own question I must turn to the beliefs and values which I<br />
have been raised with and compare these with those of the decisionmakers<br />
of today who have continually allowed these violations to take<br />
place, and in doing so show total disregard for me, my whanau, hapu, iwi<br />
and culture.<br />
I reflect on the following excerpt from a famous speech made by Taiaho<br />
Hori Ngatai of Tauranga Moana in 1885 which is set out here because in<br />
the words of the Waitangi Tribunal it ‘precisely captures the charac<strong>te</strong>r<br />
and significance of Maori traditional rights to the foreshore and its<br />
fisheries, and the nature of rangatiratanga pro<strong>te</strong>c<strong>te</strong>d by the Treaty’: 3<br />
Now, with regard to the land below high-<strong>wa</strong><strong>te</strong>r mark immedia<strong>te</strong>ly in front of<br />
where I live, I consider that that is part and parcel of my own land...part of my<br />
own garden. From time immemorial I have had this land, and had authority over<br />
all the food in the sea... My mana over these places has never been taken a<strong>wa</strong>y. I<br />
have al<strong>wa</strong>ys held authority over these fishing places and preserved them; and no<br />
tribe is allowed to come here and fish without my consent being given. But now,<br />
3 Tauranga Moana Report, 1886-2006, Chap<strong>te</strong>r 7, 498.<br />
4
in consequence of the word of the European that all the land below high-<strong>wa</strong><strong>te</strong>r<br />
mark belongs to the Queen, people have trampled upon our ancient Maori<br />
customs and are constantly coming here whenever they like to fish. I ask that<br />
Maori custom shall not be set aside in this manner, and that our authority over<br />
these fishing-grounds may be upheld.<br />
I have to say that things were very different in that time compared<br />
with today. Where Hori Ngatai had the mana to speak the <strong>wa</strong>y that he<br />
spoke, we of today have a far more difficult job of trying to convey to<br />
authorities and the wider public the association and relationship we feel<br />
to this once beautiful harbour. We dare not stop. We will al<strong>wa</strong>ys find the<br />
strength to ensure that we and future generations have and maintain<br />
rights to the foreshore and seabed.<br />
From Ōtūmoetai, I look to the sparkling <strong>wa</strong><strong>te</strong>rs of the Waikareao<br />
estuary, and from the Waikareao estuary flows the Kopurererua river of<br />
which, <strong>wa</strong><strong>te</strong>r flows freely from the ngahere, the upper reaches of Te<br />
Paikarangaranga Valley where the <strong>wa</strong><strong>te</strong>rs of the Tautau and the Ohane<br />
meet to form the Kopurererua, the merging of two streams. In the<br />
following mō<strong>te</strong>a<strong>te</strong>a, we confirm our linkage to those areas identified<br />
within this particular kōrero:<br />
Te Mō<strong>te</strong>a<strong>te</strong>a a Taurikura<br />
Taurikura, Taurikura e<br />
Kei <strong>te</strong> ma<strong>te</strong> <strong><strong>wa</strong>i</strong> au, haere ki <strong>te</strong> puna <strong><strong>wa</strong>i</strong> e<br />
Ruru tō pane haere kē <strong>te</strong> tipuna ki <strong>te</strong> puna o Taumata e<br />
I <strong>te</strong> hokitanga mai unuhia e Taurikura<br />
Riri ana <strong>te</strong> tupuna e…<br />
Taurikura, Taurikura e<br />
I <strong>te</strong> ma<strong>te</strong><strong><strong>wa</strong>i</strong> koe kore koe e haere e<br />
Tūpere ō ngutu haere tonu atu i <strong>te</strong> pō<br />
Oho mai <strong>te</strong> tupuna a<strong>wa</strong>nga<strong>wa</strong>nga ana<br />
haere ana ki <strong>te</strong> kimi e…<br />
Kimihia e ia i <strong>te</strong> puna o Taumata<br />
Ka rongo i <strong>te</strong> <strong><strong>wa</strong>i</strong> e rure mai ana<br />
Tiro atu ki <strong>te</strong> <strong><strong>wa</strong>i</strong> rere ana ngā roimata e<br />
Taurikura, Taurikura e<br />
Ngaro koe ki <strong>te</strong> tangata kua tuatara koe e…<br />
Rere atu i ngā puke o Te Taumata<br />
Heke atu ki Ōhane<br />
5
Tiro atu ki Kotoremuia<br />
peka atu ki tō ana i Te Parikarangaranga<br />
<strong>kau</strong> atu i <strong>te</strong> Kopurererua<br />
Tae atu ki Nanako-ki-maiwiiwi<br />
Patu mai ki Tūkarere, aue e <strong>wa</strong>hine e…<br />
Whai atu koe i Huria, i roto i a Tataramoa<br />
Ki <strong>te</strong> aropuke me <strong>te</strong> whakapae <strong>wa</strong>ka<br />
Arā <strong>te</strong> whāngai a Tamarā<strong>wa</strong>ho me <strong>te</strong> Motuapae<br />
A puta ki Wairau<br />
Haere Taurikura e<br />
Taurikura, Taurikura e<br />
Kei <strong>te</strong> matuanui tō whakamutunga e<br />
Taurikura, Taurikura e…<br />
Let me talk about Te Kopurererua…<br />
The cool, clear fresh <strong>wa</strong><strong>te</strong>rs of the ngahere, from the mountains of<br />
Pūwhenua & Ōtane<strong><strong>wa</strong>i</strong>nuku, flows down the valley we call Te<br />
Parikarangaranga (the echoing hills), to form what is today, Te<br />
Kopurererua. A stream where we of<strong>te</strong>n went to as young people, the<br />
banks of which were clus<strong>te</strong>red with native trees plus large bushes of flax<br />
from whence my mother and others went to fetch their harakeke for<br />
making ki<strong>te</strong> and whāriki. Along the foreshore of the Waikareao estuary,<br />
is where my mother would take ki<strong>te</strong> and whāriki for dying purposes. This<br />
place <strong>wa</strong>s called Parekaia, and currently, that is where the Tauranga<br />
Archers Club now stands. In between <strong><strong>wa</strong>i</strong>ting for them to gather enough<br />
flax, we would do our own thing as kids; jumping into the cold <strong>wa</strong><strong>te</strong>rs for<br />
a swim sometimes catching eels, a beautiful playground nearby called the<br />
Te Auetū Valley, named af<strong>te</strong>r one of our ancestors, Te Auetū.<br />
My thoughts now turn closer to home.<br />
From the Ōtūmoetai Rail<strong>wa</strong>y bridge which spans the entry and receding<br />
<strong>wa</strong><strong>te</strong>rs of Te A<strong>wa</strong>nui, lies the once aptly name Waikareao estuary<br />
(sparkling <strong>wa</strong><strong>te</strong>rs), and a particular area within which we called, Te Ke<strong>te</strong><br />
Kai a Tamarā<strong>wa</strong>ho. Ngā momo ika katoa – tūangi, pipi, pupu, titiko,<br />
tuna, pātiki, kōheriheri. And into the Waikareao flows the pollutants of<br />
the industrial area that sits on the banks of the Kopurererua river/stream.<br />
The af<strong>te</strong>rmath of which the stream flows into has impac<strong>te</strong>d on the<br />
Waikareao and when you see the mangroves growing there today and<br />
6
the silt that emana<strong>te</strong>s from the Kopurererua into the once clean<br />
Waikareao estuary, people will understand how we feel about what is<br />
happening.<br />
If one could land an airplane on the Tauranga side of the Waikareao<br />
estuary, then you can imagine how firm, hard and sandy the beach <strong>wa</strong>s in<br />
those days, where today it’s totally incomparable. The plane that landed<br />
there <strong>wa</strong>s that of Kingsford-Smith, back in the 1930s, and I <strong>wa</strong>s privy to<br />
that; running across the channel when the tide <strong>wa</strong>s out and <strong>wa</strong>tching as<br />
Kingsford-Smith landed his plane on our estuary. Oh, how time has<br />
changed things.<br />
At the high <strong>wa</strong><strong>te</strong>r mark, as the tides flow in the erosion that has been<br />
crea<strong>te</strong>d, for one various reason or another, I think we can judge the<br />
reason why these things are happening and it becomes difficult to<br />
imagine how this could happen. Not only to the Kopurererua nor just the<br />
Waikareao, but to our main harbour known as Te A<strong>wa</strong>nui. This land is<br />
the Waikareao, the Kopurererua and Te A<strong>wa</strong>nui.<br />
Progress may be inevitable, but I also know that these <strong>wa</strong><strong>te</strong>r<strong>wa</strong>ys have<br />
been and still are very much an in<strong>te</strong>gral part of our culture, our lives.<br />
Te A<strong>wa</strong>nui and some its many tributaries which I have named above, has<br />
been more than just a place for gathering seafood and providing<br />
sus<strong>te</strong>nance to whanau, hapu and iwi. It has been pivotal to sustaining a<br />
<strong>wa</strong>y of life, maintaining well-being, upholding cultural and spiritual<br />
practices, which are all in<strong>te</strong>gral and a part of me as Ngai Tamara<strong>wa</strong>ho,<br />
and as Ngati Ranginui.<br />
2. General Position of TRW on the Marine and Coastal Area (Takutai<br />
Moana) Bill.<br />
I oppose the Bill. The Bill fails to recognise and provide for the mana and<br />
authority that our hapu and iwi have exercised in relation to our takutai<br />
Moana from time immemorial, and that were pro<strong>te</strong>c<strong>te</strong>d by Te Tiriti o<br />
Waitangi. There are particular aspects of the Bill that are discriminatory<br />
and reinforce earlier injustices to Ngā Hapū o Ngāti Ranginui caused by<br />
raupatu and therefore amount to continuing breaches of Te Tiriti o<br />
Waitangi. The Bill does not meaningfully understand Maori values,<br />
concepts or ideals, it seeks to limit the practice of tikanga Maori by<br />
Maori.<br />
7
Detailed TRW Comments on the Marine and Coastal Area (Takutai<br />
Moana) Bill.<br />
3.1 Discriminatory Form of Title<br />
3.1. The new form of customary title proposed by the Bill fails to recognise<br />
and provide for the mana and authority that our hapū and iwi have<br />
exercised in relation to our takutai Moana from time immemorial, and<br />
that <strong>wa</strong>s pro<strong>te</strong>c<strong>te</strong>d by Te Tiriti o Waitangi.<br />
3.2 The Waitangi Tribunal has repor<strong>te</strong>d that the harbour and its foreshores<br />
were and remain crucial aspects of Tauranga Moana iwi and hapū<br />
economic, cultural and spiritual well-being and identity. Tauranga Moana<br />
<strong>wa</strong>s and is, clearly and indisputably, a taonga of all of the hapū of<br />
Tauranga Moana, including Ngā hapū o Ngāti Ranginui. The Tribunal<br />
went further to find that in usurping ownership over Tauranga Moana the<br />
Crown commit<strong>te</strong>d a number of Treaty breaches. 4<br />
TRW submits that this<br />
usurpation is continued by the Marine and Coastal Area (Takutai Moana)<br />
Bill.<br />
3.3 The Bill constructs a space <strong>te</strong>rmed the common marine and coastal area<br />
of which no one is capable of owning (clause 11). The Bill then specifically<br />
excludes freehold title loca<strong>te</strong>d within the foreshore and seabed from<br />
forming part of that common marine and coastal area (clause 7). The Bill<br />
therefore retains privilege to an exclusive group of existing priva<strong>te</strong><br />
owners that have freehold in their land contiguous to the foreshore and<br />
seabed and crea<strong>te</strong>s a new form of title for iwi and hapū that is specifically<br />
defined as being less than freehold title (clause 63). The Bill is selective<br />
about what parts of the foreshore are seabed are available under the<br />
new customary marine title and then heavily limits the rights available to<br />
hapū and iwi in clause 64. This new form of title is therefore a<br />
discriminatory form of title that disadvantages TRW in that it is a<br />
subordina<strong>te</strong> title predica<strong>te</strong>d on a notion of essentially subordina<strong>te</strong> Māori<br />
rights. TRW therefore urges the select commit<strong>te</strong>e to rectify this aspect of<br />
the Bill.<br />
4 Page 608.<br />
8
4. TRW’s Proposed Solution to Issues of Title<br />
4.1 TRW refers to the Ngāti Whatua o Orakei for an exemplary model of<br />
ownership and control of foreshore on the Auckland <strong>wa</strong><strong>te</strong>rfront. TRW is<br />
supportive of Ngāti Whatua o Orakei’s model on the basis that it retains<br />
the mana of hapū over the foreshore and offers a solution that embraces<br />
the principle of partnership between Māori and the Crown.<br />
4.2 Ngāti Whatua o Orakei acquired fee simple title to the foreshore at<br />
Okahu Bay in 1991. The foreshore forms part of an area classed as<br />
‘whenua rangatira’ which has been set aside for the common use and<br />
benefit of members of the hapu and citizens of the City of Auckland. The<br />
management is undertaken by the Orakei Reserves Board which<br />
comprises 50/50 representation from Ngāti Whatua o Orakei and the<br />
Auckland City Council.<br />
4.3 Twelve years af<strong>te</strong>r its inception (and during the first consultation process<br />
regarding the Crown’s foreshore and seabed and policy) Sir Hugh<br />
Kawharu offered the model as one that could be adop<strong>te</strong>d as a solution for<br />
foreshore and seabed issues:<br />
It is a benign but efficient regime; and here at least the mana of Ngati Whatua<br />
stands tall, intact and pro<strong>te</strong>c<strong>te</strong>d. In light of the current deba<strong>te</strong>, I can confirm<br />
that public access to the foreshore of Okahu Bay has been unrestric<strong>te</strong>d from<br />
the day title returned to Ngati Whatua. 5<br />
TRW urges the select commit<strong>te</strong>e to consider this model as a solution to<br />
the ownership and control of the foreshore and seabed in Tauranga<br />
Moana.<br />
5. Prejudicial Impacts of the Bill on iwi and hapu who have suffered<br />
Raupatu<br />
5.1 The Marine and Coastal Area (Takutai Moana) Bill must be repealed or<br />
amended in order to remove discriminatory and unjust aspects and that<br />
reinforce earlier injustices to Ngā Hapū o Ngāti Ranginui caused by<br />
raupatu and that amount to continuing breaches of Te Tiriti o Waitangi.<br />
5.2 Clause 60(1) provides that title to areas within the takutai moana/<br />
common marine and coastal area can be gran<strong>te</strong>d if the applicant can<br />
show that they:<br />
5 Document A35 (Kawharu), para 58-65.<br />
9
(a) hold the area in accordance with tikanga; and<br />
(b) have exclusively used and occupied the area from 1840 to<br />
the present day without substantial in<strong>te</strong>rruption.<br />
5.3 Ngāti Ranginui’s use and occupation of the takutai moana <strong>wa</strong>s<br />
substantially in<strong>te</strong>rrup<strong>te</strong>d by acts and consequences of raupatu<br />
perpetra<strong>te</strong>d by the Crown from 1865 on<strong>wa</strong>rds under the authority of<br />
oppressive legislation including the New Zealand Settlements Act 1863.<br />
As a result of the Crown’s actions, Ngāti Ranginui along with the other iwi<br />
of Tauranga Moana; Ngāi Te Rangi and Ngāti Pukenga, are precluded<br />
from demonstrating continued exclusive use and occupation of certain<br />
areas of takutai moana even though their mana whenua and kaitiaki<br />
status is recognised and acknowledged by neighbouring hapū and iwi.<br />
5.4 TRW asserts that despi<strong>te</strong> the raupatu, and through their own de<strong>te</strong>rmined<br />
efforts, TRW hapū have maintained a strong and continuous relationship<br />
with their traditional hapū areas of takutai moana and that the <strong>te</strong>st set<br />
out in the bill requiring exclusive use and occupation without substantial<br />
in<strong>te</strong>rruption is an unjust <strong>te</strong>st on the basis that it:<br />
(a) denies hapū rights to claim title in relation to the takutai moana on<br />
the basis of circumstances that were forcefully imposed upon them;<br />
and<br />
(b) reinforces earlier injustices to Ngā Hapū o Ngāti Ranginui caused by<br />
raupatu and therefore amounts to continuing breaches of Te Tiriti o<br />
Waitangi.<br />
5.5 TRW asserts that the Bill must be repealed or amended to ensure that<br />
raupatu hapū and iwi can acquire rights to title.<br />
6. Recommended Amendment<br />
6.1 TRW submits that the Bill be amended to ensure that hapū and iwi<br />
affec<strong>te</strong>d by raupatu not be denied the opportunity to acquire title<br />
because of oppressive actions that were not of their own making and by<br />
which they (<strong>te</strong>mporarily) lost access to and control of important<br />
resources. The following is a proposed solution to TRW’s concerns in<br />
relation to the <strong>te</strong>st for exclusive use and occupation:<br />
For the purpose of subsection (1)(b), there is no substantial in<strong>te</strong>rruption to the<br />
exclusive use and occupation of a particular part of the common marine and<br />
10
Conclusion<br />
coastal area if, in relation to that part, in<strong>te</strong>rruption <strong>wa</strong>s caused by acts of<br />
raupatu carried out by the Crown under the NZ Settlement Act 1863.<br />
In conclusion I end with these final words as an expression and assertion of my<br />
view of the world and the in<strong>te</strong>rconnec<strong>te</strong>dness/relationship between all things.<br />
In<strong>te</strong>rpreting what I have said and capturing and retaining the concepts and<br />
values in <strong>wa</strong>ys that retain their in<strong>te</strong>grity will be the challenge, which requires an<br />
appreciation and understanding of my world view;<br />
Mai i ngā aorangi e rere ana<br />
ki nga maunga o Pūwhenua me Ōtane<strong><strong>wa</strong>i</strong>nuku,<br />
ki <strong>te</strong> whenua, ki ngā au o ngā <strong><strong>wa</strong>i</strong>māori,<br />
ki ngā au o ngā <strong><strong>wa</strong>i</strong>tai,<br />
ki a Tangaroa rāua ko Hinemoana,<br />
ki tā rāua tamahine a Hinetūākirikiri,<br />
ki <strong>te</strong> moana o Te A<strong>wa</strong>nui,<br />
ki ōna taura <strong>wa</strong>ka, taura iwi, taura hapū, taura whānau, taura<br />
tangata,<br />
koirā hoki <strong>te</strong> kōkōrāhō ōrangi, ōnuku, ō Tane, ō Tangaroa hoki.<br />
From the air<strong>wa</strong>ves that exist,<br />
to the mountains of Pūwhenua and Ōtane<strong><strong>wa</strong>i</strong>nuku,<br />
to the land and currents of fresh<strong>wa</strong><strong>te</strong>r and sea<strong>wa</strong><strong>te</strong>r areas,<br />
to the deity of <strong>wa</strong><strong>te</strong>r Tangaroa and his wife Hinemoana,<br />
to their daugh<strong>te</strong>r the maiden of the foreshore – Hinetūākirikiri<br />
are our connections as descendants of our <strong>wa</strong>ka that traversed<br />
the seas,<br />
from whence comes my intrinsic tribal, sub-tribal and family<br />
relationships,<br />
I hereby claim that this is, on behalf of my people of Ngāti<br />
Ranginui our total in<strong>te</strong>rests in regards to<br />
the Takutai Moana Bill. 6<br />
7. Appearance before the Select commit<strong>te</strong>e<br />
I wish to appear before the Māori Affairs Select Commit<strong>te</strong>e to speak to<br />
my submission:<br />
6 Togo, T (2010, unpublished ma<strong>te</strong>rial).<br />
11
Contact Person: Sylvia Willison<br />
Contact Details: s<br />
______________________________<br />
Signed by Morehu Ngatoko Rahipere, a <strong>kau</strong>matua of Ngai Tamaraa<strong>wa</strong>ho, Ngati<br />
Ranginui<br />
12