OFFICIAL

HEARING 14-18 JUNE 2010 HELD AT THE TE TII MARAE

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Wai 1040, #4.1.2

WAI 1040 TE PAPARAHI O TE RAKI

DUE TO TIME CONSTRAINTS, THIS TRANSCRIPT REMAINS COMPLETELY UNCHECKED BY CROWN AND/OR CLAIMANT COUNSEL, AND SHOULD BE CONSIDERED AN ABSOLUTE DRAFT

Tribunal

Judge Coxhead Kihi Ngatai Ranginui Walker Keita Walker Richard Hill Joanne Morris Annette Sykes Bryan Gilling Andrew Irwin Tania Tetitaha Jason Pou Micheal Doogan Gerard Sharrock Jeremy Shoebridge Tavake Barron Afeaki Linda Thornton Katherine Porter Precilla Agius John Kahukiwa Bob Ashby Sam Davis Nuki Aldridge Owen Kingi Rima Edwards Eru Garland Patu Hohepa Manuka Henare Tappy Anderson Hone Sadler Ben Te Haara Merehora Taurua Mere Mangu Anikaaro Harawira Titewhai Harawira Kingi Taurua Bruce Gregory Tipene Potter Emma Gibbs Patua Hohepa David Rankin Te Hurihanga Rihari Hugh Rihari

JC KT RW KW RH JM AS BG AI TT JP MD GS JS TBA LT KP PA JK BA SD NA OK RE EG PH MH TA HS BTH MT MM AH TH KT BG TP EG PH DR THR HR

Counsel

Witnesses

Wai 1040, #4.1.2

A Heta Iwa Alker Ivy Williams Pierre Lyndon Louise Collier Te RamaroaTito Jade Tapsell Te Pania Kingi Tame Te Rangi Katherine Taurau Pereme Porter Gray Theodore Atareta Poananga Kiharoa G Parker Wi mutu Whiu Te Huranga Hohaia Ross Gregory Denis Hansen Haami Piripi Arapata Hamilton Pita Tipene AH IA IW PL LC TRT JT TPK TTR KT PP GT AP KP WW THH RG DH HP AH PT

Wai 1040, #4.1.2 TABLE OF CONTENTS

WEEK 2 DAY 1 SESSION 1 STARTS ....................................... 5 WEEK 2 DAY 1 SESSION 1 [10.35 AM] FINISHES .................... 29
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WEEK 2 DAY 1 SESSION 2 STARTS ..................................... 29 Nuki Aldridge reads to his Brief [11.07 am] ....................................... 30 WEEK 2 DAY 1 SESSION 2 [12.39 PM] FINISHES .................... 34 WEEK 2 DAY 1 SESSION 3 STARTS ..................................... 34 WEEK 2 DAY 1 SESSION 3 [3.19 PM] FINISHES ...................... 43 WEEK 2 DAY 1 SESSION 4 STARTS ..................................... 43 Andrew Irwin questions Nuki Aldridge [4.08 pm] ............................... 49 Ranginui Walker questions Nuki Aldridge [4.25 pm] .......................... 54 Judge Coxhead questions Nuki Aldridge [4.35 pm] ........................... 58 WEEK 2 DAY 1 SESSION 4 [5.00 PM] FINISHES ...................... 66 WEEK 2 DAY 2 SESSION 1 STARTS ..................................... 66 WEEK 2 DAY 2 SESSION 1 [10.35 AM] FINISHES .................... 89 WEEK 2 DAY 2 SESSION 2 STARTS ..................................... 89 WEEK 2 DAY 2 SESSION 2 [12.55 PM] FINISHES .................. 113 WEEK 2 DAY 2 SESSION 3 STARTS ................................... 113 Annette Sykes questions Manuka Henare [1.59 pm] ....................... 114 Michael Doogan questions Manuka Henare [2.32 pm] .................... 122 Andrew Irwin questions Manuka Henare [2.47 pm] ......................... 126 WEEK 2 DAY 2 SESSION 3 [3.32 PM] FINISHES .................... 137 WEEK 2 DAY 2 SESSION 4 STARTS ................................... 137 Ranginui Walker questions Manuka Henare [4.17 pm].................... 141 Richard Hill questions Dr Manuka Henare [4.20 pm] ....................... 142 Judge Coxhead questions Dr Manuka Henare [4.22 pm] ................ 143 WEEK 2 DAY 2 SESSION 4 [5.48 PM] FINISHES .................... 163 WEEK 2 DAY 3 SESSION 1 STARTS ................................... 163 Ben Te Haara reads to his Brief [8.54 am] ...................................... 165 Merehora Taurua reads to her Brief [9.32 am] ................................ 173 Judge Coxhead questions Merehora Taurua [10.02 am]................. 180 Titewhai Harawira reads to her Brief [10.07 am] ............................. 181 WEEK 2 DAY 3 SESSION 1 [10.30 AM] FINISHES .................. 185 WEEK 2 DAY 3 SESSION 2 STARTS ................................... 185 WEEK 2 DAY 3 SESSION 2 [12.27 PM] FINISHES .................. 207

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WEEK 2 DAY 3 SESSION 3 STARTS ................................... 207 Annette Sykes questions Bruce Gregory [1.36 pm] ......................... 209 Tipene Potter questions Bruce Gregory [1.42 pm] .......................... 211

Wai 1040, #4.1.2

Andrew Irwin questions Emma Gibbs [2.44 pm] .............................. 226 WEEK 2 DAY 3 SESSION 3 [3.29 PM] FINISHES .................... 236
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WEEK 2 DAY 3 SESSION 4 STARTS ................................... 236 Te Hurihanga Rihari reads to his Brief [4.17 pm]............................. 241 Hugh Rihari reads to his Brief [4.28 pm].......................................... 245 WEEK 2 DAY 3 SESSION 4 [5.26 PM] FINISHES .................... 251 WEEK 2 DAY 4 SESSION 1 STARTS ................................... 251 Keita Walker questions Ivy Williams [9.47 am] ................................ 268 WEEK 2 DAY 4 SESSION 1 [10.35 AM] FINISHES .................. 285 WEEK 2 DAY 4 SESSION 2 STARTS ................................... 285 Judge Coxhead questions Louise Collier [11.35 am] ...................... 293 Keita Walker questions Louise Collier [11.36 am] ........................... 293 Annette Sykes questions Te Ramaroa Tito [11.42 pm] ................... 294 Annette Sykes questions Tame Te Rangi [12.16 pm]...................... 303 Ranginui Walker questions Tame Te Rangi [12.21 pm] .................. 304 WEEK 2 DAY 4 SESSION 2 [11.49.55] FINISHES ................... 310 WEEK 2 DAY 4 SESSION 3 STARTS ................................... 310 Pereme Porter reads to his Brief [1.49 pm] ..................................... 311 Gray Theodore reads to his Brief [2.25 pm] .................................... 317 WEEK 2 DAY 4 SESSION 3 [3.26 PM] FINISHES .................... 329

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WEEK 2 DAY 4 SESSION 4 STARTS ................................... 329 Gilbert Parker reads to his Brief [4.40 pm] ...................................... 341 WEEK 2 DAY 4 SESSION 4 [4.02 PM] FINISHES .................... 345
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WEEK 2 DAY 5 SESSION 1 STARTS ................................... 345 Ross Gregory reads to his Brief [9.07 am] ...................................... 349 Annette Sykes questions Ross Gregory [10.17 am] ........................ 351 Annette Sykes questions Rima Edwards [10.48 am] ....................... 360 Andrew Irwin questions Rima Edwards [11.04 am] ......................... 367 WEEK 2 DAY 5 SESSION 1 [11.06 AM] FINISHES ............... 367 WEEK 2 DAY 5 SESSION 2 STARTS ................................... 367 Haami Piripi reads to his Brief [11.45 am] ....................................... 368 Kihi Ngatai questions Haami Piripi [12.53 pm] ................................ 394 WEEK 2 DAY 5 SESSION 2 [1.37 PM] FINISHES .................... 403 WEEK 2 DAY 5 SESSION 3 STARTS ................................... 403 Arapeta Hamilton reads to his Brief [2.02 pm] ................................. 403 Joyce Baker reads to her Brief [3.02 pm] ........................................ 404 WEEK 2 DAY 5 SESSION 3 [4.02 PM] FINISHES .................... 418

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Wai 1040, #4.1.2

WEEK 2 DAY 1 SESSION 1 STARTS

Hearing Resumes WAIATA ?? 5 Trans ?? Trans 10 BA piti hono ttai hono, ko ttou ko ng mahuetanga iho a rtou m, n reira, huri noa, huri noa, e huri noa, tn koutou, tn koutou, kia ora huihui tahi an ttou. We the living acknowledging one and all. You going to get up? Kei te tukuna atu te tokotoko ki a koutou. We handover to the Tribunal now, if theres any mimi. Kti atu an i ng r i mua o ng tmatanga krero, ko te wehi ki a Ihowa, ko ng whakamoemiti, ng whakawhetai kua tukua ki a ia, kia hia mai e ia tna maramatanga ki runga ki a ttou i tnei r, n reira kia whakapaingia r tna ingoa i ng w katoa. E tautoko ana i te krero ki ttou tini aitua, kua huri atu ki tua o Te Rauwharangi o Paerau, e hinga atu nei, e hinga atu nei, e hinga mai nei i runga i o ttou marae maha, puta noa o te motu, heoi an, ko rtou, kua takaia rtou, ki te korowai o te krero, kua horoia rtou ki te puna wai o te aroha, ko rtou r tnei kei runga i t rtou huarahi, e kore nei e tat te pehu, i a rtou e heke nei, e heke nei i te ao i te p, n reira koutou, kua huri atu ki te ao wairua haere, hoatu, hoki atu ki ng mtua, ki ng tpuna, otir, ki te huihui m te kahurangi, ptahitanga nui o rehua, piti hono, ttai hono, ko koutou r, ki a koutou, me k te whanga ki a koutou korihi. N reira e rau rangatira m, e ng whaea, e ng tuahine mihi mai, mihi mai, whakatau mai, whakatau mai ki a mtou, kua tat mai i tnei ata, te wiki tuarua o ng whakahuatanga e haere nei, i waenganui a Ng-puhinui-tonu. I tnei r, ka mihi ake r ki a koutou, e whakatau nei a mtou, heoi an, whakatauhia mai t ttou kai whakaw i tnei r, na mt waka, kei runga ki a ia, otir, a Te Arawa, a Tainui, ko te huatanga ki a rtou, kua krerohia te huatanga ki ng waka, anei r, t rtou pononga, t rtou uri e tau nei. Mihi mai ki a Mataatua waka, Mataatua tangata, anei r Te Whakathea, e tau nei i tnei r, me Ngi-te-rangi, na maunga krero, na moana hoihoi, kua tae mai ki waenganui i a koutou, mihi mai, mihi mai whakatau mai. Whakatau mai hoki ki mtou tuahine, ki t ttou whaea ki a Ngti Porou, na karangarangatanga, Te Aitanga-a-hauiti, kei Te Aitanga-a-mahaki, kua tae mai r ki mua i koutou aroaro. Ng mihi mai hoki ki te waka nei o Kpene Kuki, kei roto i a mtou, anei r ng kaimahi kei muri nei, e kawe nei i ng huatanga e puta mai ai a koutou, n reira, e rau rangatira m, mihi mai, whakatau mai, e kore toia te krero, kua krerohia k te krero i ng w o mua, i ng wiki kotahi, i tat ai mtou ki waenganui i a koutou, n reira, ko r krero, kei te tau tonu,

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Wai 1040, #4.1.2 Kei te haere tonu, kei te haere tonu, n reira, tn koutou, tn koutou, tn ttou katoa. Trans 5 And in the time honoured fashion we acknowledge the Lord and praise and glory to the Lord, that he may bestow his enlightenment upon each and everyone of us, so let us praise his name at all times. And I support and endorse the farewells to those who have passed on and who constantly passing on from our many marae, so they have been cloaked in the cloak of love and they have traversed their path which the dust does not stir as they descend to te p, those who have passed beyond the veil farewell, return to our ancestors and to the august regal people may you congregate amongst yourselves. And so to everyone here, thank you for welcoming us, we the Tribunal here on Week 2 of these hearings here in Ngpuhi-nui-tonu. 15 So I acknowledge you and acknowledge your welcome and may we welcome and our judge Judge Coxhead whose iwi relations are Te Arawa and Tainui. We have spoken of the many waka and here is the Judge from the waka Mataatua and here we have present on the panel, Te Whakathea and Ngi-te-rangi and the physical landscapes of their regions, thank you for welcoming us and welcome our sisters on the board.To our granddame from Ngti Porou, Te Aitanga-a-Hauiti, Te Aitanga-a-Mahaki, we are here in your presence, and welcome to the descendants of Captain Cook amongst us. Here we have the staff who are supporting our hui, so thank you for welcoming us and we will not tarry. We have made the appropriate statements in Week 1, and that settled us into amongst you. So those mihi we still acknowledge so thank you. NG MTEATEA BA 30 Trans ?? 35 N reira, he ttai tangata ki te whenua, ngaro noa, ngaro noa, piti hono, ttai hono, ko rtou r tnei, ka huri atu ki te ao wairua, ttai whet ki te marama mau tonu, mau tonu piti hono, ttai hono, ko ttou r tr, n reira, tn koutou, tn koutou kia ora ttou katoa, e tau ana ki raro. People have but a fleeting time on this world, and those who have passed on, but the stars in the sky are permanent. E te Atua, e te Ariki kaha rawa i te hua o te wairua, t wairua, he aroha, e hari, e rangimarie, he manawa nui, he ngwari, he ngkau pai, he ngkau mhaki, te whakapono, te ngkau e taea te peehi, anei ng hua o t wairua, n reira, anei te tono ki a koe, te whakarnea mai nei huatanga ki roto i tnei whakaminenga, ki roto i tnei wish i roto i nei kaupapa, ng krero katoa, ka krerongia i roto i tnei whakaminenga. He mm tku mahi, pn he tautoko noa iho i tku, tnei o ku kaumtua mai i Ngi-te-rangi, Ngti Pukenga i a ia ng krero, heoi an ko tnei an, ki ku rangatira, ko Te Karauna, kei mua i a koutou, ko au tnei, e arahi mai nei i a rtou i roto i tnei wiki tuarua, n reira, mihi mai, mihi mai, mihi mai. Mihi mai i roto i ng huatanga, i roto i ng mati, kua

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Wai 1040, #4.1.2 hinga atu i roto i ng r, i ng wiki, i ng marama kua pahure, i ng r e takoto mai r tku whaea i roto o Ngti Manu, i runga i te marae i Karetu, whakahokingia atu tr o ku whaea i te Paraire nei, nei mihi e rua, tokorua rua n Ngti Manu, n reira tnei te tangi ake o te ngkau m rua, ar, m rtou, n reira e mihi ana. N reira e ku whnaunga koin krero o nei kua haere i roto i ng krero kua krerotia i a ia, e rtou m, ko krua, kua haere ki tua o te arai, haere atu ki ng whi e krerotia nei, ar, Hawaiki nui, Hawaiki-roa, Hawaiki-pamamao, ko krua, ko koutou, ka mhio ki te huatanga o nei whi i krerotia ai o tua, o ttou mtua tpuna, ng kura o Wait, o Waitkkini [Ph 9.07.49] o Wait whakatika, tirohia. Kore e taea te phea ar, te karanga kua tae mai, karanga a Ihowa o ng mano, te karanga e kore nei e taea ttou i te tangata Te Karo [Ph 9.08.05], n reira, haere atu e ku whaea, haere koutou ng haerenga mate, ng mate kua hinga ake i ng marae maha i roto o Ng-puhi-nui-tonu ki roto i te motu. N reira, ka hoki an ki ng krero i krerotia ai m koutou, piti hono ttai hono, ko koutou n te hunga mate, anei mtou te hunga ora, n reira, tnei ka mihi ake ki a koutou te iwi e pai nei, e ku rangatira, e mihi ana. E kore roa nei mihi, kua oti k ng mihi rangatira e tku kaumtua, mihi atu ana ki a koutou e te kai whakaw, e te matua e Rangi, koutou katoa e noho mai nei, n reira ka mutu ake i ng mihi i knei, i tnei w, m mtou, m te taha o ku hoa a Te Karauna, n reira tn koutou, tn koutou, tn an ttou katoa. He waiata tku ki te mea m ku hoa o Te Karauna, kore an rtou i rongo, engari, heoi an, kua huri haere ai ki te mutu i tahi w, kua waiata au tnei waiata m rtou, kei te mhio pea tahi o koutou ng mea tino kaumtua nei ki te rangi, heoi an nku i whakarerek tahi o ng kupu. Trans O Lord, Almighty God, the fruit of your spirit is love and joy and peace and stout heart and flexibility and a quiet disposition with faith, a heart that cannot be suppressed. Here O Lord is the fruits of your spirit and we beseech you that you bestow these blessings upon this congregation this week and on the issues that bring us together. My task is an easy task, merely to support as our elder from Ngi Te Rangi and Ngti Pukenga, I endorse his words but we here are the Crown team I am leading them and guiding in this Week 2, so welcome the Crown. And lest we forget our losses, who have passed on in the days and the weeks and the months passed, as my granddame (my kin) lies in state at Ngti Manu at Karetu, who was returned their on Friday, there were two of them lying in state from Ngti Manu so the heart laments for them. To my kin, so you who have passed on beyond the veil may you go to those places that will be spoken of this week, great Hawaiki, distant Hawaiki and you now know those places that were spoken of by our ancestors. And no matter what man does when your time comes Jehovah of the myriads cannot evade or parry that call, so farewell to the

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Wai 1040, #4.1.2 granddames, Ngti Manu and all the losses on the many marae within Ngpuhi and throughout the land, and so in the time honoured fashion we salute you, those who have passed on, we the living acknowledge and greet you. 5 And to the living here, the congregation here, I acknowledge your greetings I will not be too long because we have had the noble acknowledgements from the member of the panel, greetings Judge and Ranginui and the rest of the panel I will conclude here, on behalf of the Crown. I have a song that I composed especially for my Crown team, they have not yet heard it yet, so it should be interesting. Sometimes when I go around my travels I sing this song. Some of you may know this song, the elder ones amongst us, but Ive just changed the words slightly. WAIATA 15 ?? Ma te phea, ma te krerorero, ka taea pea te wh, ka tikatika mai, ng mea i h o mua. Aue, arohaina mai mtou, rtou Te Karauna, e t atu nei ki mua i a koutou, te iwi e pai nei, he tangata noa iho rtou, he mihi atu nei, kia ora r. He tangata noa iho rtou, he mihi atu nei, kia ora r. Ana, kei wareware au ki t rtou koha. It is through talking and discussions that we can correct the faults of the past. Oh may you extend your love to we, the Crown, who stands here in your presence. The people congregated, our only people who greet you because they only men who acknowledge you. Lest I forget there are acknowledgements to the Hui. 25 BA , tn an r ttou katoa, i te mea kua rongo ake nei ttou i te tangi o tnei o ttou manu o roto o Tmaki muck around [Ph 9.11.43] ku rongo ki tana waiata, kua noho tika ttou i tnei r Haami. Heoi an ki a koutou m, kua tae mai r te w, ka tmata ai t ttou hui, heoi an, he pnui poto nei ki tnei o ttou kai-krero i tnei w, i mua i te whakahuringa atu o te mnuka nei ki runga i o ttou Judge, i whakahere i tnei hunga i tnei r, n reira, kia ora an ttou. Trans We have just heard the word of the gentleman from Auckland, so thank you, Haami and your team. So ladies and gentlemen we have come to the commencement of our Hui, but we have brief announcement before we handover to the Judge, we just have a couple of notices. PT e, e Ngpuhi-nui-tonu tn koutou, e Te Taraipiunara, tn koutou e te Judge, e Te Kwanatanga, tn koutou, e ttou m, ko te huri ttou kia tmata ai t ttou nohonga m te roanga ake o tnei wiki, kua oti k hoki te wiki tuatahi, na, kua hoki mai an ttou m te wiki tuarua, n reira, e haere tonu ana te kaupapa.

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Wai 1040, #4.1.2 Ko ahau an te MC m tnei wiki, mua ko Willow e whakatikatika ana i ng mahi o muri, kia mhio ai te wharekai e pheangia ana ng mea i mua, kia haere tika ai te mua o t ttou kaupapa, n reira, heoi an, i te mea i oti k ng mihimihi m ng tonga i Te Atatu, kua haere tonu hoki ng mihi, koia te taha o ng mihi, kua huri ttou ki t ttou kaupapa, n reira, e ttou m, ko nei, ko tahi o ng pnui i mua i te hatutanga ki te Judge. Trans 10 Greetings Ngpuhi-nui-tonu, greetings to the members of the Waitangi Tribunal, to the Crown team. Now let us turn direct to the matters that we will address in this Week 2, we completed Week 1 and this is a commencement of Week 2, so we carry on with our process. I am the Master of Ceremonies for this week, myself and Willow are working hard at the back and co-ordinating with the kitchen so that things run smoothly. And because we have already greeted and acknowledge our taonga this morning we have made our greetings. We turn direct to the matter, so ladies and gentlemen here are some of the notices before we turn to the Judge. PT 20 Good morning everybody, welcome back for Week 2. You can see that the marquee is a little bit different, we learnt a few things from Week 1, a ng kuiti rawa te marquee o te wiki tuatahi, ng kua whakawhnuitia. Everybody, in terms of the programme there is only one designated speaker for today and that is Nuki Aldridge, n reira, a further programme will be issued tomorrow because as of tomorrow therell be a lot of speakers everyday and so what we need to do is get some efficiencies going because unlike Week 1 there will be quite a few speakers getting up and down and having their support parties come up and support them, so were gonna have to move. As you can see the wharekai is behind us, so this opening here will be opened up every time theres a cup of tea or lunch and we dont have to go from one tent to the next, so well just ask you to move through here and its not very far to go because when we start when it comes to the time to start I will be starting whether youre seated or not, and we just need you to comeback quickly and we just need to be as respectful as we can of the kaikrero, because theres only a limited amount of time and many speakers so please bear with us as I try to keep things moving. In terms of the seating you can see that our taumata will remain here. In this corner here will be for our kaumtua/kuia and in particular if the supporting counsel have the close table to the speaker, so please dont come in and try and take those seats and our kaumtua/kuia we prefer to have the seating in front here for them as well. The counsels are in this corner over here, as well, of course, the Crown in this corner here. So otherwise we want to keep you warm so if you need to get those heaters, if they turn off please let us know.

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Wai 1040, #4.1.2 In terms of the Tribunal, the staff have let me know, you can see theyre seated down the back here, Mr Barry Rigby and his team are available for people who have queries about claims or basically anything relating to the claimant work, so please take the time to meet with them and grab their attention if you need to. The earpieces, now all the pieces are a little bit different to Week 1, they look like and the interpreter, of course, is in his little whare, these are available down on the back desk on the right there. They cost $6 dollars and i ng raweke k koe ng ptene, kua mhio koe, me phea te whakahere. Trans PT And when you work out the buttons it will be smooth sailing. I have been asked to have a little bit of a run through, for those of you who have got them, on the top youll find a little volume well, its the biggest button on this knick-knack, just turning on, make sure you put the earpiece in your ear and then youll start you just have to press the reset button if its not working reset button and then the scan button. So this is what they look like, theyre $6 dollars, quite a few of them went missing in Week 1. If youve got them now they wont work. People who have brought tonga in, if there are further tonga to be brought in this week we would prefer that they get brought in before the 9 o'clock start because we really want the time for the speakers, so if you are bringing in taonga please let us know. And anybody whos brought taonga in this morning, if you can just register them with Aunty Bubby, with whaea Bubby, shell keep track of them because we want those really looked after, those tonga. If there are any media in the tent please come and see me, Ill be in this back corner and Ill keep tabs on the media throughout the course of the week. 30 Trans PT Other than that, just please be careful as you move around because, a nga pakahu an ng te whenua - - Its very wet today. - - - theres a few holes here and there and please help our kaumtua and kuia because its a little bit, as we say in Mori, the ground, not even ow. So those are pretty much the announcements that I have to make, we really need to get onto the kaupapa yes, as was in Week 1, please do not bring food into this tent, koia tn ko te whare m ng kai ko tnei o ng tneti. N reira kua mutu te whanga ki au, me huri tonu ttou ki t ttou kaupapa e te Judge, e hatu ana ki a koutou, kei a koutou te whakahere, kia ora an ttou. Trans Thats all the notices today, we turn directly now to the matter at hand and we handover to you Judge and the members.

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Wai 1040, #4.1.2 JC Tn koe e Pita, tn ttou, a ttou katoa e hui nei, m tnei wiki te wiki tuarua, m nei krero e whrikihia kei mua i a mtou, n reira, tautoko au ng mihi kua mihia, ar, ki t ttou kaihanga, nn i hmai tnei rangi ataahua, nn an, te whakapiri mai i a ttou, otir e kore e wareware ng mihi ki a rtou r, rtou kua whtrangihia, rtou kua hinatore mai, kua tkapakapa mai, hoki an ki a ttou te hunga ora, tn ttou, tn koutou, kia ora mai ttou. Greetings everyone gathered here for Week 2, so I support and endorse the mihi and observations to the Lord who gave us this beautiful day, who brought us together here, lest we forget those who are no longer amongst us, greetings. Just a few things before we get started. Counsel, we will look to have appearances in the same way that we did last time, with a sign-up sheet that is going around. I understand that was the theres no need to go through and introduce every person. The Crown, I understand that you have also just note that your appearances have been made this morning as well. People we do have a very - - AS 20 Excuse me, can I just say that Id like to note my objection to that practice. I think its absolutely vital that people understand who is representing who and I just like my objection noted to that practice, its not one that I support. That will be noted, thank you, Ms Sykes. People it is a very ambitious timetable that we have to get through this week, and I tautoko ng krero a Pita that we do ask that people move quickly, coming back after breaks because there is based on the timetable there are a number of speakers that we are looking to get through. We have been provided the Tribunal has been provided with all the briefs. We have gone through those, we have read through those and really it maybe a case that we will be asking people to concentrate on certain areas, rather than have them read through their whole brief it maybe at points where we ask you, or could you skip to this particular area and clarify matters for us in that way, so that might be something that people just need to be aware of. But other than that I have no other matters that I wanted to talk about at this time. Kei a koe e Nuki Mr Aldridge, kei a koe te w. BG 40 Thank you, sir. If I may just introduce Mr Aldridge and explain how his presentation will run. Introduced by and following on from the kaikrero in Week 1, Mr Aldridge is the final speaker on behalf of Ngpuhi-nui-tonu. His evidence is intended both to be complimentary to the Week 1 presentations,

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Wai 1040, #4.1.2 addressing issues raised then but also to advance the krero, especially in relation of He Whakaputanga. As will become apparent, basing his evidence on oral history that has been passed onto him by his old people since he was a teenager, and on having been raised with te reo as his first language, Mr Aldridge will explain to the Tribunal aspects of Te Ao Mori which illustrate the understanding of the rangatira were operating under, not only of concepts such as mana and rangatiratanga, but also the laws and structures that govern traditional Mori society. Then building on that essential conceptual foundation, he will show how the series of breaches by early contact Pkeh contravene these laws and societal frameworks, such that by 1831 rangatira sought assistance from the British Crown to control those lawless Pkeh. He will then unravel in some detail both the context and the content of the key documents of the 1830s. The context, of course, particularly being Te Whakaminenga, the documents including particularly the 1831 letter of the rangatira to King William the 4th, He Whakaputanga and Te Triti. Now, sir, the documents that we hope you have before you are, of course, Mr Aldridge's large affidavit. We have handed up to the Registrar a small document which is the introductory remarks. There will be a power point presentation on the screens before you, the introductory screen is present including both key elements from his affidavit and tables and maps that illustrate both his oral and written evidence. Unfortunately, the hard copies are not yet with us, they are being rushed by CFRT personnel up from Whangarei as we speak and will be provided to you as soon as they arrive. There will be some slight amendments as we go through and so, sir, we seek leave to file a slightly amended version after the conclusion of the hearing. So at this point, sir, Ill handover to matua Nuki who will read through his introductory remarks and then move onto his affidavit, which as I said will be illustrated by the power point presentation. Thank you, sir. NA 35 e, kia ora an, hoki r ttou e te iwi, e mihi ana ki a koutou katoa kua tae mai nei i tnei r, ki te marumaru koutou taringa, koutou whakaaro, koutou awhi hoki, ka huri r ng mihi ki a koutou e Te Taumata tn koutou, ki a koutou hoki e Te Roopu Whakamana o Te Trit, tn koutou i tnei ata i mau mai nei o koutou taringa e whakarongo, ki ng krero a Ngpuhi, e k a r, kia mau ai te kupu e k a nei a koutou, ko Te Whakamana i te Trti o Waitangi tn koutou. Ka huri atu r ki a koe e Te Karauna, a tku hoa riri, me mea ana r ko tku kiri me t tranga i hoariri ai tua engari, i ta i tn he tangata, ka mihi atu ki r tangata, tn koutou. Ki a ttou hoki e Ngpuhi, tmata an atu i te tmatanga, tnei te krero khai au te haere mai ki a koutou, e haere k mai ki te krero m koutou,

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Wai 1040, #4.1.2 na reira i roto i tr, khai tini ng krero i roto i te reo, ko rtou k ng mea i whakarongo mai, kia , kia maia, kia manawanui, kia ora ttou. Trans 5 Greetings everyone and greetings to the iwi who are here today, to listen, to offer your thoughts and support. Greetings to the members of the Waitangi Tribunal, you are here to the listen to the evidence of Ngpuhi, so that you can, as its quoted, Give affect to the Treaty of Waitangi. Greetings to the Crown (my foe), it is because of the colour of my skin and your status that we are adversaries, but man to man, person to person, greetings to you. 10 To Ngpuhi, I did not come to speak to you (the people), I came to speak of you, so I will not have too much in our Mori language because it is the members who need to hear keenly, so lets be strong and steadfast. NA 15 , e te Tribunal, koia r te krero i mea atu a Daily [Ph 9.26.34] kua tmata with the introductory remarks. May it please the Tribunal, for the record, he who fails to assert his rights have none, in this I find very engaging, and on the rules of engagement that we are dealing with at the moment is, I have found if you pursue even the most righteous course long enough it turns to injustice. And the continuing injustice Mori are experiencing is of the political imbalance of the resources available in ng hap Ngpuhi, for their history to be told. We are often told that Ngpuhi, This is your hearing, yet this statement is always followed by, Here are the rules. Whether promulgated by one legal sector or another or all, matters not. We as Mori are yet to be credited with human intelligence that has the capacity to think and make decisions. The history of a people is their culture, and a culture has the expectation that those selected to transfer their history are guarded by rules of engagement, determined by that culture. The history been told to this Tribunal is tangata whenua Mori, specifically northern Mori. Yet here we are being bombarded by rules of engagement that are foreign to that history. When will tangata whenua Mori get the opportunity, but to be part of the decision-making process? In a Treaty debate you would think it reasonable that the rules of engagement are promulgated in equity by both parties. But it is inequitable where one party to a Treaty makes the rules and have access to wealth to prosecute their evidence while the other party is directed on how and when the resources available. The availability of resources or the lack of resources then controls the outcome. The story will be tainted by the rules and regulations that are imposed. The rules and regulations which are imposed also control the outcome and, of course, will show bias in favour of the system that has imposed the rules and those regulations. What I am saying, that since the granting of initial hearing for Northland, debate amongst Mori has been locked into a system of a legal merry go

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Wai 1040, #4.1.2 round which was obviously created by the New Zealand Crown in parliament, and I ask why? When preparing for the initial hearing for Northland, every time Ngpuhi put together a system to take yourself forward it was limited by the rules, regulation and funding or lack off. 5 Let us ask this question of New Zealand Crown; are they put on a merry go round of contract, debate and negotiations that will never give the freedom of direction to facilitate a fair debate? Or do the New Zealand Crown still mirror the contemporary thinking of colonial England that Mori are still savages and uncivilised. Over 200 years of colonist involvement in this country (Aotearoa), the system of imperialism has not changed. Throughout the debate over Treaty of Waitangi is still he who rules the waves, rules the world. This is not shown more clearly anywhere than in the fact that since February 1840 the Treaty which was asked all only the draft in English has been taken by the imperial authorities to be the authentic official document, instead of The Triti written in te reo Mori which was the document the rangatiras agreed to. From my personal point of view, the story told to this Tribunal will be tainted by the rules and regulations that are imposed, which control the outcome and are bias in favour of the system that has imposed these rules and regulations. Tangata whenua of yesteryear has this to say: Ka tika tonu ng krero o ng mata, hang ng ture, engari, kia whakae r te tangata ki nei ture, ka puawai na huanga. Trans 25 NA The statements are quite correct, but only until a person agrees to the rules. Therefore, I take this opportunity to express my disagreement and disappointment at the rules and regulations imposed on northern tangata whenua in the preparation and presentation of their history and evidence to this Tribunal. As a result of these limitations placed on us by this very system, my dilemma is: Where to from here? One of the major themes I wish to talk about today is how our people were always transferring information into the future. I will talk about all the people who were relevant in my life and transferred their oral history to me. I remember one thing that the elders said when they talk to me was that they saw that I would transfer on that information. What I wish to say to you (the Tribunal members and to the Crown representatives) here today, is I can only assume that the Tribunal is the right forum for me to do this. The way I see it, at the very least, the Treaty guarantees Mori an equal role in the government of this country. When Hobson extended his hand to the rangatira and said: He iwi ktahi tatau, what did this mean to the rangatira? I believe they would have understood to mean that we would be one nation under the Mori kaupapa. However, I see the Tribunal is the Crown creation which has been setup under statute; it is not a Mori institution or one that is setup under the equal mana of Mori. I believe that is because of this that we have experienced delay in having our krero heard. Despite this, I am not aware of any forum available to me to share my krero.

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Wai 1040, #4.1.2 So to both the Tribunal and the Crown I offer this axiom: When you are weaker than me you ask me for freedom because that is according to your principle. And when you are stronger than me you take away my freedom because thats according to your principle. Where else can I go to fulfil the wishes of the people? I hope that the appeal by previous rangatira kaikrero to look at all this through the eyes of Mori will prevail in this Tribunal. Ko ahau r tnei ko Nuku Aldridge, he tangata whenua, he kaumtua n te rohe o Whangaroa, Ngpuhi, ko Emiemi te maunga, ko Rtroa te papa, Komutu te manga, Taingaroa te wahapu ki te taitama wahine, ki te moana nui a kiwa, ko Mataatua te waka. Ko tku tatai, a Hongi Hika ka moe a Turiktuku, ka puta ko Poihkena, e k a nei, ko Hare Hongi tuarua, ko Poihkena ka puta ko Toetoe, ka moe a Horiana, ka puta ko Hautoetoe, ka waih atu ki reira. 15 A Te Whero ka puta ki Piheparepa, ka moe a Pumipiwhaitua, ka puta ko Te Rhui, i a Te Rhui ka moe a Te Taneheta, ka puta ko Te wai, na Te wai ka moe a Hautoetoe ka puta ko tku whaea ko Rawinia, i a Rawinia ka moe a Will Aldridge, ka puta te mahunga e krero atu nei. Trans 20 I am Nuki Aldridge from Whangaroa and Ngpuhi district. Emiemi is the mountain, Rtroa is the land, Komutu is the stream, Whangaroa is the access to the coast on the East Coast and Mataatua is the waka. My genealogy: Hongi Hika married Turiktuku and begat Poihkena, also known as Hare Hongi the 2nd. And Poihkena begat Toetoe and married Horiana and begat Hautoetoe, leaving that there. 25 Te Whero begat Pihepa Repa who married Pumipi Whaitua and the begat Te Rhui, who married Te Tne Heta and they begat Te Owai, who married Hautoetoe and begat my mother, Rawinia. Rawinia married Will Aldridge and begat myself. NA 30 I was born at Rata on shores of Whangaroa Harbour on the 20th of May 1934 (crikey, Ive just told a secret) to Rawinia Hautoetoe of tangata whenua descent and Will Autridge of Irish/English descent. I currently live at Raho Tarawh My affiliations are to the Tahawai, Ngti Uru hap and to the Te Huia and Kahawai Marae. The Waitangi Tribunal has created this initial hearing block to investigate He Whakaputanga o Te Rangatiratanga o Niu Treni 1835 and the Treaty of Waitangi 1840. Therefore I wish to focus my krero on the period prior to, up to and including 1840. I do not intend to look beyond this time as I understand that others wish to give this krero. I wish to talk about the Mori and English in pre-contact times, who were they, where did they come from, their understanding of the world, the early contact between Mori and Pkeh, how they found themselves together and the impact of coming together of different worldviews, He Whakaminenga and He Whakaputanga, the relationship of one to the

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Wai 1040, #4.1.2 other and their place in history of Aotearoa. The Treaty of Waitangi 1840, touching briefly on its impact and place in Aotearoa history. Now the Tribunal, I wish to tell the next short section in a slightly different way. Instead of reading paragraph 1924, which is most of the section called Background, I would like to present that same personal information in this way: I remember my first memory; it was like waking from sleep. I remember this clear to this day, I was at play with others around me. I later found out that they were members of my family. I remember we lived in Whareraupo, it had a mud floor, it had tmata on the floor and on the walls. It had a fireplace that kept us warm. I remember helping to build a new Whareraupo once that was home in my early years, I knew no other. I remember our home was near the sea, we went swimming when the tide came in, kai they was virtually at our door, now its miles away, they put a road in across the food cupboard. 15 I remember people that came and went; it was like a kaleidoscope of movement that seemed to happen in all one day. I knew them as Aunty, Unkara, Kni, Matua, Whaea and those by name, it all seems fun. I remember we were on the land I now live on, milking cows morning and night, I hated it, especially when it was my turn to round them up. I hear the elders saying: Farming doesnt pay. I remember the Komihana where a lot of my relatives dug scrub drains and developed reclamation land for Pkeh, I never ever saw them do that for Mori farms. 25 I remember our mother going away for long periods of time to work at a Pkeh place Okirikpia for money to buy kai, always the cream shake wasnt enough. I remember I heard my mother cry. I remember my first days at school it was a public native school. My memory serves me, I cried all day, why I was continuing being told not to speak my native language. At that time I did not know many English words. Later I was strapped for doing so. I never ceased to wonder why Pkeh called it a native school, especially when you werent allowed to speak native or do native things. I remember going to huihui when we observed formalities, many of which are different today. I remember the krero of the elders, some were funny, some were sad, and if we stayed indoors the elders have us kids sing for them. I remember when they built the wooden house for our mum, that was about 1939/1940, I knew because they never put roofing on, on the house, as all the iron went to the war effort, thats what they told us. It was a new experience, funny though; our mum waited one hundred years to get the benefit of The Treaty. I still think it was a mortgage because our mum walked away from the farm not long after. I remember going to St Josephs Convent School, that was different, you could speak native there. I remember leaving home was not an event as

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Wai 1040, #4.1.2 to a returning; now that was something to behold. I remember the war years because of what it meant to my young mind, to my young age, war was adventure. I remember at Waitruke was where I witnessed a farewell to some soldiers, it was like a tangi. Later I was to realise that it was a tangi for some who did not return. I remember we lived at Kauri, north of Whngrei where the Mori Battalion were camped. What impacted to me most was one day they were there, the next they were gone, to honour a Treaty to the King, yet be forgotten by others. I remember I heard my mother cry. 10 I remember being at Waitruke when World War II ended, a warship in Whangaroa Harbour fired off rockets and church bells rang, and I remember leaving the North, it was an adventure, our mum came and took us to Pukekohe, I was 11 years old. I remember our mum took me to St Josephs Convent School in Pukekohe, I just happen to be the first native to intrude into an all white catholic school. I remember being called unpleasant names, like Hey, Hori, you black Mori and many more. And I remember asking our mum: He aha k te Mori, he aha k te Hori, hei tna oho ka k mai, waih, a te w ka mhio koe. 20 Trans NA Mum, whats a Mori, whats a Hori? She said: Leave it, in time you will know. I remember our mum sending me for a haircut in Pukekohe, a barber was a barber so I thought, until the barber turned to me and said: Hey, boy, what do you want? My reply was simple: A haircut. His response was brutal: Not here, the Mori barber is down the street. I remember from then there was more there were Mori cafes, Mori places in the picture theatre, no upstairs, no store. There were shops where they will serve Mori, Mori were not allowed to take alcohol from the hotel (perhaps that was a good thing). I remember the environment of Pukekohe was quite foreign to me; it opened my eyes to things I never new existed. I later heard the word racist; it took me time to understand what it was I remember being said that Mori had intruded into this all white racist society called Pukekohe. I remember when racism hit me in the face. Pukekohe was where I got my first real taste, my introduction to racial issues. I told my mum that what I had learnt, that I understood: Kua mhio ahau. I heard my mother cry. I remember wanting to leave school, but our mum wanted us to get a good education. Eventually I got myself expelled anyway. To my mum I apologise. I remember the beginning of my working life was in the market gardens of Pukekohe and I remember the elders asking me to work with them, they would talk of their history, their past, their life of their people, they told of Ngpuhi people with some passion. I remember they said: Boy,

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Wai 1040, #4.1.2 Ngpuhi translated the Bible and thats tturu of Ngpuhi language. They told of the birthplace, the people, the wnanga, the mramatanga. I remember travelling around, had odd jobs in Auckland, Hamilton, Gisborne, Taumarunui, eventually married and settled to a permanent job with post and telegraph, later Telecom. Worked in the area from central North Island, Taup-a-Tia to Taharoa on the west coast, to Coromandel on the east coast, up to Cape Reinga in the north. In all of these workplaces there were elders that talked about their history, their people, their birthright. Those from north talked about their northern homelands and how they were taken elsewhere to work, they dreamed of going home but unable to. And I remember the army, I wanted to go to war but my mum had other ideas. Eventually conscripted to CMT, got to like the companionship, the discipline, the travel and stayed awhile. I got posted to Fiji twice (with the Fiji military), Singapore, Malaya, attached to Gordon highlanders for training. I remember the early years (the military) they were ex-World War II people, Mori they spoke of their experience at war at play, their Treaty responsibilities on behalf of their people. They spoke of the lost of land, their people scattered all over the country. I remember them saying: Nuki, they broke their promise to us as a people, to the Mori Battalion, you younger people have to put it right. I remember they cried and we cried along with them. I remember the year, 1959, my mum passed away. My life took on a new dimension. And after the tangi, like all Mori at the time, my family made the decision; I inherited the responsibilities to the land. From there I remember my introduction to English law applied to Mori land. A new experience that was to be with me forever. I remember in my mind hearing again all the stories those elders were relating to me their dreams, their aspirations, their pain, their hurt, their separation, their longing for their people. I remember I cried and so I went on this journey looking at their pain, their hurt. What I found is what they knew and I would suggest it killed many of them. It is a perilous journey and you are vulnerable to all sorts of risk. Its high up in my own personal life. In business I owned a seafood distribution, takeaway bars, restaurant, even became a shareholder in a trucking business. In sport, I represented Hamilton in table tennis, played basketball, softball representative for Hamilton/Waikato, and became selector/coach for Northland. 40 I now like to move to section 25: I can hear these people talking now, telling me about the old things and the times of the past. I have been putting these things together and I marvel at the journey that the people of the Mori nation have had before meeting up with another culture. From what I know of Moridom it seems to me that there were far more depths in the krero that hasnt come out yet, its still hidden away.

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Wai 1040, #4.1.2 Its strange that these things become my life, but I know now these people were transferring their information from me to the next generation. However, the problem for us, e ttou m, is that our next generation doesnt want to know. They want the education system to tell them. 5 Into the foundation krero, and talking about the pre-contact to early contact period I wish to focus on a different Mori and Pkeh worldviews up to the time of contact. I believe there were two stories going side by side up to the Treaty, and neither side fully knew what the other was doing. We see a conflict of two cultures. When the Treaty was signed these two stories were brought together, but both sides brought with them their different understanding. To illustrate what I mean, I often ask people the question: If you had just heard a krero at Waitangi and signed the Treaty and a white person then extended his hand to you and said he iwi kotahi ttou, what would that mean to you as a Mori? What did it mean to the rangatira who represented your whnau? I have been told that what it would have meant to the rangatira at the time, that we would be one people under the Mori kaupapa. We would live together under the Mori umbrella. And the people understood that the Mori world was protected under that environment. E ng krero o ng matua tpuna, what it would have meant to the rangatira at the time, of that, we would be one people but history does not say that. So I pose these questions to the New Zealand Crown and all its institution, if say the Mori (sorry about the spelling), the Mori chiefs signed a Treaty with England and he shook the hands of the Queen of England and said: We are now one people, would the Queen then give England away? So Ill now outline the stories leading up to that time, the time at which the white man extended his hand to the rangatira and said: Iwi ktahi ttou, perhaps this will help us understand what both sides believed to be the umbrella or environment under which the two became one, although my krero will focus on Te Ao Mori. In order to understand He Whakaputanga I believe it is important to outline the story of Mori society up to that time. We must understand the Mori nation that was already there, but was just emerging into the world stage. This was a nation that took hold of Te Whakaputanga; we also need to understand that the method of transfer the method of the elders used to transfer their information. This is because He Whakaputanga was part of this transfer of information to the future generation. While I believe He Whakaputanga was a Mori document I also believe it was important to say that I do not believe England ever penetrated the heart of the Mori nation. And I have a whakatauki Id like to recite, its actually a waiata te Tribunal, Ive got the full version with me, Id like to quote the whole version while you have only part of it, Id like to quote the whole version. This is important for later on when I krero about other things:

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Wai 1040, #4.1.2 E toru puwai o tku putiputi, te aroha, tmanako me te whakapono, ko te mea nui, ko te aroha, hei whakawhnaunga i a ttou e. Unuhia te rito o te harakeke, kei hea r koe te kmako, m e ui mai he aha te mea nui, mku e k atu, he tangata, he tangata, he tangata. 5 Trans The greatest thing is love that binds us together. Take the chutes of the flax plant where is the komako bird, you ask, What is the great thing? I tell you, It is man, it is man, it is man. There are many understandings of this whakatauki, to reach the heart of that understanding one must listen carefully to its meaning. If for instance you do reach the heart of the Mori nation then it is said that you have heard. Ill return to that later giving my krero about the Mori nation itself. Because of the nature of the krero Im about to give I also wish to say something about the word truth and it bothers me if I may just digress a minute it bothers that we swear on the Bible to tell the whole truth, the truth and nothing but the truth, but we can actually tell untruth and it becomes the truth. I like to be honest with people. Moridom has got whakapono, aroha, tmanako and thats being honest, particularly those who have transferred this krero to me. I need to be honest to be them so I can be honest with you. I go on to Te Ao Mori, the origins and the genealogy. In the Mori world the genealogy goes back to the beginning and the beginning is Ranginui and Papa-t--nuku and Tne Mhuta. And if I say that if I may say to the Tribunal, all the whakapapa has been related in the first week and I dont need to go through what I have there, if I may, because theres pages of it and Im not very good at ttai, so if I may skip the pages from Io to Kupe because you have already received that from the first week people. But the relationship that is in the krero is that genealogy is important. Whakapapa and ttai are very important to Mori and it is important for everything to do with Mori. For instance, the beginning of the counting or the tatau, it has a genealogy and unless we get to know the genealogy of the tatau, we tend to mistake it. If I can relate something to you, the Tribunal, at this particular moment, one glaring example of that in the ttai of the counting. In my world when I first heard the 2001 being quoted on there in Mori as rua mano m tahi, and Hirini will relate this to you because I went to him and said Hey, its actually 2001, not 2011. He said Nuki, write a letter to them. Well, thats what I did, because under the genealogy the digits are ka and the tense are ma. So when we quote m tahi, m rua, m toru or rua mano m tahi, rua mano m toru and so on, we are talking about 2011, 2012, 2013 and so on. That is in my world, tn pea h ana au, engari, ki taku ao e ttou m, koia tr te mohiotanga. Trans I may be wrong, but in my world that is what I know.

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Wai 1040, #4.1.2 NA So genealogy is important because that is part of the genealogy of counting. Another whakapapa example is that some of our people do carving and carving, a whale beaches itself and dies and the local tribe buries it, and when the bones are exposed they make carvings out of it, whatever they carve from it. When the bones become exposed [Ph 9.58.55] they might be identified for certain functions. A carver may craft a pendant out of one of the bones. Everywhere the wearer takes the carving it will whakapapa back to the whale. In another example, kumara will whakapapa to South America and that whakapapa is still relevant to Mori today. Similarly you can trace the whakapapa to a tree right back to where it started. We know that through the ttara, the kauri, it has a whakapapa. They say the Aotea Ngtoki began from a single tree, Twaka, Matahauroa, Aotea so that whakapapa can also be traced back to that tree. The importance of genealogy is reflected in many other cultures in the Moana nui a Kiwa showing our links throughout the Pacific. According to Rangihroa, throughout the Moana nui a Kiwa the recital of genealogy serves as a chronology of historical events associated with sequences of ancestors. For me, the transferring of information through the generations is the appropriate place to start when talking about Mori civilisation. When I think about the Mori civilisation, that is when I hear those people talking. You know, some of you may not know this, but people sit on your shoulder a lot and whisper silly things in your ear. But its all these people of the past. I can hear them in my minds eye. There are songs; there are proverbs that tell you how they created their civilisation. It is really interesting that these things were talked about by the people of the past and transferred down through subsequent generations. When I talked to elders today about the krero of the past, it triggers something in their memory. These people must have received information that is transferred down through their whnau. It is interesting when kaumtuas sit and talk, it does bring up a lot of that. The way I was brought up, whakapapa was the genealogy of objects and the other side was ttai or whakapapa to a human being. Sorry about digressing. For me in my world you whakapapa ki te whenua, ptai ki te tangata and thats the world I was brought into. In the terms of he ttai, we will start with Mui and the journeys from Hawaki-nui, Hawaiki-roa, Hawaiki-pamamao. In Moridom there is a time and place for talking of certain things. Some things are spoken about at hui and some are only spoken about at tangi. In my memory, Hawaiki was always a krero for tangi because the krero was about the spiritual return of Mori always to their home land. Every elder you hear speak at a tangi, ka hoki ki Hawaiki-nui, Hawaki-roa, Hawaki-pmamao. Trans Return to great Hawaiki, long Hawaiki, distant Hawaiki.

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Wai 1040, #4.1.2 NA Hawaiki is a symbol of the distant home from where the ancestors first discovered the heart of the Pacific came, and most of those who penetrated further into Te Moana-nui-a-kiwa cherished the memory of a home land in distant Hawaiki. From Hawaiki the ancestors set out and to Hawaiki the souls of their dead returned. I offer this thing about the Wheke that we hear, later on I start talking about the wheke in Kupes journey. But the wheke was a map of the Pacific and if you study it closely you see, but unfortunately up on the Powerpoint the names have changed to what they were. Before on here, you got Pakeha names. Kei te pai. I have heard that in the centre of the wheke there is a rock that is shaped like the head of an octopus. Now, I have to say that I have never seen it, but I have been relayed it to quite a few times about this island and on a rock there is a single flower with three petals and I relayed back to the whakatauki I spoke of before, e toru puwai o taku putiputi, there are 2 petals on my flower Trans NA 20 Three flowerings. It is interesting when you hear the elders talk about the flower. I heard that they tried to propagate it elsewhere but it would not grow and they said the petals of the flower fall upwards rather than down. It is said they are the departing spirits following the wairua. They say that the points of the tentacles are the rerenga wairua of the different cultures of the Pacific. The fleeing [Ph 10.05.11] places of the spirits. And all the points lead to a place that is infinite. E toru puwai o taku putiputi. Three petals of my flower. Now, the krero of knowledge systems. somewhere in Asia centre of the wheke Hawaiki-nui. the three petals is important in terms of Mori From my understanding, Hawaiki-pamamao was and Hawaiki-nui somewhere in the Pacific. The i te picture, the picture above, probably relates to

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As I have mentioned already, our culture has its roots in the ancient traditions of Te Moana-nui-a-kiwa, the timeframe most anthropologists give to the arrival of our tupuna at Aotearoa is around 900 or 1000 AD. I think that is debatable. It is pretty difficult for me, if I may the Tribunal, pretty difficult for me to relate the time span to a genealogy that may have gaps in it. The arrival of Kupe and the fleet of waka could be placed around this time. However, the genealogy and other krero given to me talks only about the arrival of Kupe. Not only about the arrival of Kupe, but about Papatunuku and Mui, e ai ki te krero o ng Tpuna mtua According to the ancestors. Migration came in different ways. First, there was Mui and I offer you up on the Powerpoint what one kuia said to me, Hey Nuki, have you seen

Wai 1040, #4.1.2 the Ika a Mui? and I said Yeah, its the North Island, isnt it? He said Oh, have another look. In this krero Mui, it was he who first discovered Aotearoa. It was he who fished it out of the sea. This method of transfer of information is used in many instances throughout the Moananui a kiwa. I believe that behind every myth there is a legend and behind every legend are facts. The fact of the matter is I believe the continental shelf is part of the Ika story. While Mui might be considered a legendary and mythical figure in history, it was Mui who first came upon the land that became known as Te Ika Mui. Yet the early references to Te Ika Mui was not, and we will come to that later, it was referred to as Te Hanga a Mui [Ph 10.08.17] Trans NA 15 The fishing up of Mui. That, for me, says it is the place where he fished, and it is now known as Aotearoa. The old people told me that Ika a Mui was actually much bigger than the current North Island and it is interesting to note that the modern satellite images of the continental shelf around Aotearoa shows a distinct fish-like shape. Interesting, e ai te krero o ng Tpuna mtua that the Mui history was the first wave of. According to the ancestors. - - - people of these land. Perhaps the next wave was when these islands were known as Tiritiri o Te Moana, and the only reference from the elders to this krero is at the time of the Patupaiarehe or the Trehu. The fairy folk. To the old time Mori, they were real people and they figure in tangata whenua history. Those of you that know the Mui history, his father, one of his parents were Patupaierehe. Their history is a closely kept secret. The next navigator was Kupe at the time of the w o te ao roa, as you remember Hirini speak of this in the first session te w o te ao roa Time of the long land. So digressing again, sorry about this, sir, e ttou m e te Tribunal. Some of the krero that has come to me, that at the particular time there was an impact on the earth, Hirini spoke about it as an explosion of the stars. But there was an impact on the earth that created these long days, and it is quite simple scientifically to agree that from an impact came a cloud, a dust cloud and the dust cloud created a reflection of the sun that could be managed for days on end. Kupe followed a navigational lei [Ph 10.10.35] that was presumably given to him by Mui. Going back to the map of the wheke above, e ai ki te krero, that Kupe followed the wairua of the departing people coming from Te Reinga as part of his navigational lei. The line of this wairua is represented by the tentacles of the waka, of the wheke. If we can talk about the wheke, the wheke legend of Kupe was he went chasing an octopus. He went chasing a wheke and he arrived at Aotearoa and some people, some of the people I talked to said No, no, Nuki. He followed the

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Wai 1040, #4.1.2 wairua along the tentacle of the wheke to Tiritiri o te Moana because he saw the wairua of the people coming towards him, he tangata matekite o a ttou tngata n, whakapono ana ttou ki te matekite mm noa iho, tana kore, kua hua taunga. 5 Trans NA Our ancestors were seers. If you believe in prophecy, then it is quite easy. If you dont, then it gets difficult. Of course, there were tribal details of other navigations, Toi-te-huarahi, Whtonga and all of those waka arriving at different times, all credited with migration to these lands. But their krero belongs to those tribes that are related to. After that, of course, there was the waka migration, all of whom today are known as tangata whenua. Then came the white man. I dont know which wave that was, whether it was the fourth or fifth, but it came in a wave, e ai ki te krero o ng tpuna mtua - - I went to the ancestors. - - - abide of the wider connections of our genealogy. They talk about a relationship with the Portuguese, the Indians, the Chinese and even the Egyptians. They say We have been to India and China. Talking to some of my elders, they keep saying that we have Asian ancestry. Yeah, okay. This krero fits with what I have since learned about the navigation of Polynesian people around the Pacific and beyond. For instance, it is generally accepted that the Polynesian people originally came from inland south-east Asia, rapidly crossed the expanse of Te Moana nui a Kiwa about an exchange of culture and resources between the islands of the Pacific and South America. As I have said, you can talk about the whakapapa of the kumara back to Peru. There is a story of visitors bringing kumara to a meal with the people of Aotearoa and the host saying I like this, where did you get them from? Then some people were sent out with the visitors in a waka to get the kmara and I believe, consistent with what my elders were saying, that they not only went on to get the kumara, they also went out to get information. Going after information was an ongoing thing in their society. Supporting evidence indicates that there was a cultural exchange in our people, extremely proficient voyagers and navigators. Our tupuna had the intelligence that got them around the Pacific and eventually to Aotearoa. To me, it seems obvious that people could not have wandered the whole of the southern ocean and then some without getting a broader intelligence about the wider world environment. When the Polynesian ancestors and tangata whenua journeyed between Hawaiki-nui, Hawakiroa, Hawaiki-pamamao, navigated vast tracks of the ocean and visited many lands before settling at Aotearoa. If our people travelled so far afield in exchange with other different cultures, they must have picked up things about ways of behaviour. They were such expert navigators they must have had a code to guide their navigation away to behave on voyages.

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Wai 1040, #4.1.2 I talk about the knowledge system. The Mori knowledge system is based on baskets of knowledge. In the north they say that Tane went after these baskets of knowledge and passed through different trials to bring them back to earth. Then it was related with the kotuku of the pathfinder who warned Tane of the dangers through the heavens, Te Rangiatea. Tane-nui-a-rangi went all through the heavens to Mtangireia where he washed himself with the waters, cleansing. Mtangireia was a house of knowledge and to enter Mtangireia, Tane was required to pass over the Atea. When Tane was given the three baskets of knowledge and the two stones, they brought him back to earth and we hear this krero a lot in some of the tauparapara for different people and I can put this I put one all together from different krero from the elders and it goes something like this, ka mihi ki a Tane-nui-a-rangi nn hoki i tiki te mtauranga i te rangi Mtangireia, i te whare Rangiatea, ka wnangatia, ka poupoua, ka piripiria ki a Papatunuku, ki puta ai te ira tangata i te whai ao, i te ao mrama. Trans 20 NA Acknowledgments to Tanenuiarangi who fetched knowledge from the heavens and Matangireia and the house, Rangiatea and infused it into the land so that people could come forth to the world of light. This tauparapara, or part of it, I have repeated often in speech making today. The three, Ng Kete Mtauranga, is as follows, Te Kete Ururu Mtua o Te Kete Tuauru, is Te Ao Hinengaro, this is philosophy theology and a mental concept of Mori. Te Kete Uruuru Tau or some people call it Te Kete Aronui, Te Ao Kikokiko, this is technology or the physical concept of Mori. And the Kete Ururangi or the Kete Tuatea o Te Ao Wairua this is literature of psychology, tradition, the spiritual concept of Mori. One of the aspects of Te Kete Uruuru Tau was that what developed in the physical methods of living in Aotearoa. Now for instance, what were kinga and what were p and some people have different concept of that. Te Kete Uruuru Matua covers the creation and application of laws and the structures of Mori society. Decision-making in Mori society was based on all these Kete mtauranga. I return to these that they are important in terms of understanding He Whakaminenga. Hence, terms of societal structures you could ask, What does a hap look like? And to create hap. You need an event or an ancestor. For example, in terms of my hap (Tahawai), it is an event rather than an ancestor. But regardless of that, hap have certain structures that we all abide by or we presume to abide by it, is the whnau coming together under the same ancestor or event, theyre headed by a Pou matua or Ariki who are senior members of the whnau. He Whakaminenga was the process of bringing these hap together to form the assembly.

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Wai 1040, #4.1.2 For Mori in the endeavours to understand the origin of life and the course of growth to changes of death, Mori have trodden a path as old as the human race itself. The conclusion they arrived at, from what they considered clear evidence were that man possessed the spirit of wairua and quit it forever at the death of the physical. That death is marked by the passing the extinction of an invisible activity called manawa ora. Man also possess the physical life principle, termed the mauri which only deserts the body at death and he possess yet another life principle called te h. To Mori if a thing did not possess a wairua then it could not possess form. And these are some of the things that the missionaries tried to anyway, Ill come to that later. It would be lifeless and so decay; Mori themselves are descendants of supernatural being. Their forebears, the personified form of natural phenomena, therefore, their wairua can be traced to its origin of Io Matua, thus inheriting the Ira Atua. Their understanding of Te Ao what we call Kaua e runga and Kaua e raro. Kaua e runga is a celestial lore in the teachings of Mori. How our tpuna understand the movements of starts and the planets and kau e raro is the terrestrial lore, how they understood the earth and the way it functions. In Kaua e runga the galaxies to them is Taka i te Rangi, and the Milky Way, as we see it, is te Mangroa. These are just some of them, e ttou m. Taki-o-autahi, the Southern Cross constellation. Pteri is what is known as the Magellan Cloud and Mrau is the meteor or comets. 25 And when they the stars and again these are some of them. I didnt do all of them, just some to indicate the knowledge of Mori of Kaua e runga. Puangahori, Atutahi, Puanga, Matariki, Rehua, they were all stars that they understood and related to. And the interesting part of Matariki today, were using that as a New Year for Mori. But you know I was brought up with a different star for a New Year for Mori, up in the north here, and it was Puanga, that was our New Year. The old people used to always say: Matariki belongs to the southern tribes and Puanga in the north, rose in the north at the same time Matariki rose in the south anyway, kei te pai. 35 And the planets, they had names for the planets, they understood the Kopu, Parearau, Ao-whenua, Te R we all know that. And, of course, in the monthly system or the star system, beginning with Pipiri, around about June/July ending in Haratau, is quite similar to the signs of the zodiac. And why I mention that is that were tending to codify our maramataka into the known calendar months, but they dont belong to that system, they belong to the cycle of the moon and we must be aware of that otherwise youre gonna lose the impact of the whole thing. Im not trying to educate you; Im just trying to say something. The old people used to say to me: Dont get caught up with Matariki because it belongs to the southern tribes. In the north the star clusters are - - -

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Wai 1040, #4.1.2 I have to say to you that on the left hand side there, is what is known in the north, and I got that from the elders of Ngpuhi e ttou m, Ttahi o Piripi, the other people just called it Piripi, Rua Hongongoi, Aponga, they got Here-turi-koka, Ahua, Ahunga a Uruao they call Mahuru down south. Again, different tribes have different applications. I didnt do anything with the maramataka itself because thats actually relevant to different hap groups. We got one from Whangaroa and we know what other people have the maramataka, Im talking about is the one that has 30 days of it, beginning with either Whiro or one such you have to create one for yourself. But the months of the year the months of the year are relevant. And I want to go back at the Tribunal, I want to go back to that impact, and this is the krero thats been going on for some years now amongst Moridom. Because of that thing Hirini talking about that Kupe rode a wave and we could suggest that was a tsunami of that impact that Kupe rode this waka on. And that impact actually did something to the earth, koia tnei te whakaaro o ng kaumtua o mua. Trans NA 20 This is what the ancestors believed. I dont know whether the kaumtua today thinks about that, but if you have a look at the cycle of the moon its a 30 day cycle, n, and the maramataka states it in 30 days. What Im trying to say here then, when they collectively multiplied that by 12, come to an interesting figure called a perfect circle, and a perfect circle is 360 degrees. And if the order of the planets were such, in their time the earth must have taken 360 days to go around the sun. So their timeline was exactly 30 days per month, from one new moon to the next, because in the maramataka the Mori, for youre planting and fishing and all that, it all begins at the new moon. But now we got 360 something days extra and they believe the impact caused that, caused the extra days because it put the earth into a wobble that why we got seasonal structures in the world now, summer six months and winter on the other, prior to that they never had that. Now we come down to Kaua e raro and Kaua e runga and Kaua e raro has all these atua, thats the terrestrial guardians, n. And I name a few, Papa-t--nuku (thats the maternal element) and Ranginui (the paternal element) and Tne-Mahuta of course, Te Wonui and Twhirimtea, we just had a practice with him not so long ago, a bit different now. Moridom also had schools of houses, you know, - no, sorry, Ill rephrase that houses of school, you get caught up between Mori codified into Pkeh (wharekura the kurawhare). In our oral history in Whangaroa, and I have to use this because I havent seen it anywhere else, how their schools are structured, but in Whangaroa in the oral histories they had a four level structure of school and the T-t-tai was the first level (well call the elementary level) and the Wnanga was the second level and the Whakapapa-Kauhau was the

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Wai 1040, #4.1.2 third level and the Whaka-Pepeha was the fourth level of education. And we can go through all sorts of things on how people entered these schools, but it will take a week. 5 So I just say to you that the T-t-tai was the elementary level and the Wnanga was where you learnt all about the Kaua e runga, Kaua e raro, but when you get to the Whakapapa-Kauhau and the Whaka-Pepeha youre getting onto the tohunga level where youre actually elected or selected to go into those schools, as far as Moridom was concerned, and the area of where they come from is decided from the day you were born. Koir ng krero, they actually decided on the month you were born, under what star cluster or whatever it is, that you fitted into these things. Certain area you became a warrior. Certain area you became a minister. Certain area you became a pononga, somebody got to be a slave. 15 ?? NA ?? NA 20 Kia ora, kia ora. Okay. I didnt hear that. Someone a doll, yeah, kia ora. And for us in the north here, in my time Puanga is the same thing as down south, is a time to prepare the soil for the growing season. And I remember, sometimes being a hh, when I was growing up we used to be pulled out of bed to go into the gardens because the moon was out, and it was time to plant the food, but that was because it was the day for planting, n, mhio nei ttou. But its interesting, when you do it right you get a good crop. You do it wrong; well you go down to Pak'nSave then. Yeah, however, this was all because of the maramataka. The Wnanga level speaks of terrestrial and celestial science of Ranginui and Papa-t--nuku, in the terms of teaching they are called Kaua e runga, Kaua e raro weve been through that, sorry. 30 The final education level, the Whaka-Pepeha was the higher level of tohunga learning (expertise). Theres level of education is sometimes that it was never brought out in the written history, but it was there in the oral krero. Raro and runga, I want to relate to that because raro mai i Hauraki was mentioned in the Whakaputanga, and there are two words in there, raro and runga. It indicates that our people saw the world a different way. I know, we look at it now, its rather funny, we look at the earth now and Aotearoa is up the other way and where we used to call raro is now runga, and where we used to go runga is now raro, because its down and up. But back in the old days, if you have a look at it the other way like that, the thing is up you called it upside down, but I say to you, blast yourself out 300 miles into space, you tell me when youre upside down.

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Wai 1040, #4.1.2 Its just that people saw it a different way. And funnily enough, you know, they with the world up the other way, the way the Pkeh sees it I suppose, if I can relate to that, east is on your right hand side right walk with me people - and west is on your left hand side, which means the earth is spinning in a clockwise direction anticlockwise direction, n. And Mori being Mori, and clever as they are, they turn it up the other way and the earth spun in a clockwise direction, eh? Now whose right and whos wrong? However, anyway the words were: I raro mai a Hauraki that was mentioned in there and ng iwi o runga. In that time, raro was what we call Te Raki now and runga is what we call Tonga today. This wording was taken from ancient times when runga meant down well we already went through that. 15 This where you prevailed into my day because when I was young people used to say: Are you going up to Auckland? And thats true; those of you of my age are you going up to Auckland? Or are you going down north? And thats a fact; I can remember those quite distinctly. BG Taihoa, matua, this might be a good time to recharge your batteries. Sir, morning tea adjournment? 20 JC NA JC Yes, thank you. Thank you, Mr Aldridge, well comeback after morning tea and continue with your krero. Kia ora. Ka pai.

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WEEK 2 DAY 1 SESSION 1 [10.35 AM] FINISHES WEEK 2 DAY 1 SESSION 2 STARTS
Hearing Resumes ?? - - - in a better spot. Can I just remind people if you werent here this morning ear pieces for the interpreter are available down on the back table. Bit better? If we can just keep the noise right down now please. We want to get straight back into it, kua reri Te Taraipiunara, n reira e te Judge, e Nuki, e hoatu ana ki a koutou, kia ora ttou. The Tribunal is ready, the Judge is ready, Nuki we hand back over to you. Kia ora ana hoki r ttou, n reira kua tmata an I will back to where we were.

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Wai 1040, #4.1.2 NA Paragraph 78. Resources such as flax and tapa cloth were an important part of

Nuki Aldridge reads to his Brief [11.07 am] NA carved figures have a semi circle on the shoulder. 5 Trans NA E k a nei, he nahi. They say these are scales of fish. Or the scales of a fish. I asked a tohunga about the purpose of this

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA 10 Trans NA With the spoken language we can also talk about the Whakapapa o ng kupu. The origins of words. Two examples are Atua and Ariki. Prior to the arrival of the Pakeha

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA 15 Trans NA 20 pukeko, the origin of the word. Its directly related to the bird itself. Mn, kite tonu ttou i te p e keko moe ana, koia tr te Pkeko, kia tpato i te p. When you see something thats making that noise that sounds like the pukeko. Be aware of the poo. The spoken language was in addition to the artwork an important method

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA Ill sing a little bit because I am not up to anyway Me pnei ana, katahi ka rua, ka toru ka wh, thats whats indicating the ka of the whakapapa, tae atu ki te tekau i te ao hou, ko te kau, ki te ao tawhito, ka iwa, Mhuru, ko Mhuru k tr, i muri o tr, ka tmata, ma tahi ma rua, and that was the song that was sung. Trans NA 30 One, two. When we reached 10, in the new world it is tekau, in the ancient languages it is Mhuru is 10. And then it carries on. And I think it was produced in the book by some Pakeha that took it

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Wai 1040, #4.1.2 I tahi rau, katahi and 111, i tahi rau ma tahi, me mm noa iho, but we go through the whole thing, tahi mano, tahi tekau ma tahi. Trans Easy. Thousand and eleven.

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF 5 NA Trans NA 10 Anyway krero noa iho tr kia mrama ai, he aha k te whakapapa o te waiata nei, i tukua mai nei i ng tpuna m ttou. This is just an example to explain whakapapa of this song that the elders handed down. Then hed used the old number 10, nghuru and we travel

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA Trans NA it wasnt mentioned until toru tekau, rua tekau was e rua o nghuru. E rua nghuru 20 in the ancient times. into the mix was when he arrived at 30 or toru tekau.

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF 15 NA Trans NA Trans 20 NA we can pick up ng maha me ng tini. Simple. If only, if only. e ttou m, kua krero ake au te tininga ra, haere ki te tatau waru ma waru 88, e ai ki te krero o ng tpuna mtua We go now to section 88. According to our ancestors knowledge in some way. And the way to do that was to give it to

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA Trans 25 NA and there is a whole raft of those. The old people used m te tapu, te wehi, te muru Through tapu, dread. tick box in their minds and they travel with it. And those are some of the words that you even hear people quote that in their whaikrero, te ihi, te wehi, te muru, te tapu The power, the sanctity. And they have these tick boxes relating to creating a law under

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NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA and thats the law making side of things.

Wai 1040, #4.1.2 And we are talking about this system if I can digress a minute to the Tribunal. The krero in their aria is te kore, te p, te Ao Marama. Trans NA 5 Avoid the night, the world of light. - - - processed quite easily and enacted in our tribal structures. And the Iwi, the hap, the whnau. The iwi is Te Kore or the creation. The hap is the development or the P and the whnau is the evolution o Te Ao Marama. And it is so simple coming through that process but what we find today, and I am guilty of this too, we have got this whnau hap iwi and a kaumtua said to me one time, Nuki look at that. They were born before they were pregnant. And they were pregnant at mua atu i te aitanga, te mea, tn pea. Before they coupled. - - - immaculate conception. Perhaps it was an immaculate conception. So we have to get it right, ehara i te whnau, hap, iwi, engari, he iwi hap whnau, because thats the process it should be, from Te Kore, Te P, Te Ao Mrama. It is not whnau hap iwi, but rather iwi hap whnau. Creation, development and evolution. The only thing missing in this jurisdiction which is the right to make laws at the Mana Motuhake, and I never knew Ngpuhi to give it up.

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NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA 25 Trans NA Trans NA 30 were the ways in which laws were thought about. Which was Tmanako, Whakapono, Aroha Faith, hope and love. Through the three putiputi, the three values, i roto i te waiata r, te Tmanako, te Whakapono, Te Aroha In that song. Faith, the hope and the love. And it had a symbolic heartland. This is the flower at the centre or the

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA Sometimes it is deciphered in English as love, but I give you an example. He aroha, te aroha, me aroha, aroha nui, ngkau aroha, what does all that aroha mean Different terms using aroha. And many others. All these aroha have different applications.

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Wai 1040, #4.1.2 NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA Tran 5 NA they had the kaupapa and knew about, Tmanako, Whakapono and Aroha Hope, faith and love. Theyre just near the tikanga which actually was involved.

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA Trans 10 NA I want to make that point so nobody will stand up and say, he teka an koe Nuki Youre wrong, Nuki. I use the example, Judge, I found out around home here at Rtroa we call a cat a Tori ne, tae atu ki Kaikohe, he poti, i taku taenga atu ki roto o Waikato he ngeru k, When you get to Kaikohe its Poti and then Waikato its ngeru. with a cat and a pussy. And I put them altogether and they said well a cat is a Pussyngerutoripoticat, so thats what a cat is called

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NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA to maintain the social order and I will quote a well known whakatauki, ka mimiti te puna i Taumrere, ka toto te puna i Hokianga, ka toto te puna i Taumrere, ka mimiti te puna i Hokianga. The waters run at Taumrere. They swallow at Hokianga. When the spring of Hokianga is full the spring of Hokianga is full. When the spring of Taumrere is full the spring of Hokianga is empty.

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NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF 25 NA but in the end of course the women stood up and said, ka nui tn, ka t rtou i runga i te maunga r, ka tangi, kua oti, kua mutu, na e t ana, e tangi ana, tangi t. Na ka kite atu i ng awa e rere ana, he awa e rere ana i a Tangit ki Waihau ki roto o Hokianga, he awa e rere ana ki Knana, ki Mangonui, he awa e rere ana ki te pupu ki roto o Whangaroa, he awa e rere atu ana ki runga, ki raro whenua, ki Kerikeri, ki Te Pewhairangi. Thats enough. Go stand on the mountain and weep. It is done. It is finished. And they would stand and weep. And you see the rivers flowing from Tangit ki Waihau and into Hokianga. These rivers Tangitu and Maunganui. These rivers flow into Whangaroa. These rivers flow above and below ground to Kerikeri and to Pewhairangi system thats been going on for generations. Where people support

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Wai 1040, #4.1.2 NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA while in New South Wales Te Pahi also intervened on behalf of two convicts. I believe that that is already in some of the presentations put to the Tribunal so I wont go through that if I may, e te Tribunal, te mea kua krero noa atu r krero, . Trans NA 10 This has already been discussed earlier. Te Pahi also asked about the different types of vessels that had been

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA PT NA so thats a huge amount of people that went out there gathering information and other things. Taihoa an matua Kia ora Your Honour, Ive been told that lunch is at 12.45 so we have another five minutes or so. We can begin this section, unless you would prefer to break here. No, it is probably an ideal time to break here. I know that Mr Tipene has some pnui so we could probably take the time up with that. Kia ora.

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WEEK 2 DAY 1 SESSION 2 [12.39 PM] FINISHES WEEK 2 DAY 1 SESSION 3 STARTS
Hearing Resumes 25 PT Todays session will close at 5.15 pm. For those of you who are wanting to know what the programme is for tomorrow and the rest of the week, there is still some discussion going on to finalise the programme but as soon as we can get you something in writing we will distribute the programme so that everybody knows who is going at what time. N reira, kia ora an ttou, we will hand it back to the Judge and to Mr Nuki Aldridge. Kia ora e te Judge. MIHI NA Kia ora an ttou m, ka haere an a ttou krero, te tmatanga i tnei w, he krero noa i te tmatanga o ng krero m Te Whakaminenga.

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Wai 1040, #4.1.2 Trans NA We now go to the chapter on Te Whakaminenga 182. That is on section 182 for those of you that are lucky enough to get a hardcopy. The Whakaminenga was a gathering together of 5 NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA Trans NA I said, the migration came when waves they considered - - - They called it a flood. The flood has come. Thats what they said. And from the information that came in to the

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF 10 NA Trans NA I suppose it is some kind of tekoteko. That is a carved figurehead on a meeting house. - - - of the organisation. And this point was proved when

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA 15 Trans NA kaumtua means there is somebody without parents, kore kau ku matua I have no parents. And thats the word kaumtua, it didnt mean that it was an elder - - -

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA 20 Trans NA - - - on the flag to whakanoa the thing because it was going to - - - To make it free from restrictions. - - - nothing tapu goes above their head and be a tapu to them.

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA Trans 25 NA - - - nku is used a lot, the o anyway, as nku tnei whenua - - - This land belongs to me, this home is mine, these are my parents. - - - collective usage if that means anything.

NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA - - - altered in anyway and in any conflict te reo Mori shall prevail. Okay, Ill read it to you: E ki a Kngi Wiremu te rangatira atawhai Ingarangi [Maori Content 14.43.28] 30 Trans To King William the rangatira who has the wellbeing of England.

Wai 1040, #4.1.2 Dear King William we collectively are the rangatira of New Zealand, we were brought together to this village at Kerikeri, we are writing to you, we are told without doubt that you are the big chief across the way and yours are the many ships that have come to our country. We are people without. The only resources we have are timber, flax for fibre, pigs, and potatoes, these we exchange with your people. We have seen the resource of the Pkeh. Your village alone has embraced us. Your own missionaries are teaching us to have faith in the God, Jehovah and his only Son, Jesus Christ. We have heard that this nation of Marion are coming upon us to take our village. That is why we ask of you that you become a friend with us as guardians of these islands for those that provoke from strange tribes are near, which would bring foreigners to take away our land. NA 15 Trans So one place were talking about, tango our kinga and another place were talking about tango our whenua. I te mea [Maori Content 14.45.33] It will also mean some of your people will make mischief and they will live off the fat of this land, they who have deserted from ships. Perhaps if you chastise them they will listen. There was a conflict in two words, kei noa and I suggest that that word is noho a because its not very clear on the document, and I would suggest is that kei noho a te riri o te tangata Mori n mtou tnei [Maori Content 14.46.11] This letter is from us, the collective rangatira of the Mori Nation of New Zealand. And I read you my, Dear King William we collectively are the rangatira of New Zealand. We were brought together at this village at Kerikeri. We are writing (letter to you). We are told without doubt that you are the Big Chief across the way (sea). Yours are the many ships that have come to our country. We are people without. The only resources we have are timber, flax, fibre, pigs and potatoes, these we exchange with your people and we have seen the resources of the Pkeh. Your village alone has - - - or is embraced - - - or embracing us - - - - - - Your own missionaries are teaching us to have faith in the God, Jehovah and his only Son, Jesus Christ. We have heard that this nation of Marion are coming upon us to take our village. and we ask, That is why we ask - - - and I have in brackets of you - - - that you become a friend with us as guardians to these islands. For those that provoke or incite from strange tribes are near, which would bring foreigners to take away our land. It also means some of your people will make mischief and they will live off the fat of the land, they who have deserted from ships. Perhaps if you chastise them they will listen or else the anger of tangata whenua Mori will be upon them. This letter from us, the collective rangatira of the Mori Nation of New Zealand.

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Wai 1040, #4.1.2 Now I dont see in that and I say thats my only probably subject of all sorts of arguments but thats how I see the letter. It is not asking for help of anybody. They were asking to deal with a problem. It is interesting to see that the King was being warned about his people making mischief and that if he did not step in and chastise them then the rangatira of the tangata Mori would be forced to do so themselves. Of course, this is exactly what had been happening early and had led to the Boyd incident and other events which I have already discussed. Now Whakaputanga document was based on - - - 10 NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA - - - that they were in danger of being overrun, and drowning. I use the term because Mori use the term waipuke. What did they do with the information - - - NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF [2.50.22 2.50.39] 15 NA - - - white mans culture to transfer their own culture into the future. And I think thats profound to think that and I suppose if I can step aside for a minute. They went looking and the information I gathered from the old people was, when the information came back from all these other nations, all these other nations were quite busy at either chopping their heads off or fighting one another. But England was a more stable system, so they used them to transfer all the information for the future, and thats interesting. They realised written words were a way of transferring - - - NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF [2.51.20 2.53.52] 25 NA - - - the English, the French and maybe even the Americans. In the early stages, of course, we know the French had just come out of the revolution. The Americans were still going into a revolution. And while the English is fairly stable they had the strongest navy in the world at that particular time because they had a battle against the Spanish Armada and that. I believe that our peoples decision to support an alliance with England was due to the position England had in the world stage, and that alliance was only to do with the transfer of information. It wasnt an alliance for management of New Zealand believe me, it wasnt. 35 By comparison France was still post-revolution - - - NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF [2.54.40 2.55.22] NA - - - was to seek assistance of another nation to look after it.

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Wai 1040, #4.1.2 And its interesting how they did that, Hongi with the language, other possessions. You know, a lot of tribes will tell you, with all of their stuff especially historical stuff, they would rather bury it than leave it with people. And yet they went through this process in that particular stage of time of giving this stuff away, they werent really giving it away they were actually transferring it for the future. What Mori learnt about the English said to Mori that their - - - NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF [2.56.00 2.56.18] 10 NA - - - For instance, when you get to Grey - - - And Im talking about George Grey, he became another carrier of the culture. If you have a look at the history of George Grey he actually collected a whole heap of information that they call The Mteatea Books, and you cant tell me Mori was that easy in giving their tkanga away unless they had a reason for it. In the Te Whakaputanga document Mori found a way - - - NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF [2.57.46 2.57.56] NA 20 - - - because they want to put Te Whakaminenga somewhere. And not many people speak about Te Whakaminenga until it came to Te Whakaputanga document. What they were trying to do was to come together to form a system of government themselves and He Whakaputanga provided a way to put this system into the written word so it could be transferred to future generations, and it worked, eh? When you look at the language of Te Whakaputanga there - - - NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF [2.58.25 3.01.36] NA 30 ?? NA ?? NA 35 - - - implemented by the more visible rangatira such as Hongi. Are we going into Te Whakaputanga o Te Rangatiratanga o Niu Treni 1835? What did I do wrong? Kia ora, Nuki. Okay. [Indistinct] Yeah, okay. And, again, I say because were translating this thing and the English words expressed below are an explanation only, and are for those who are unfamiliar with te reo Mori. The words of the document itself in te

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Wai 1040, #4.1.2 reo Mori had not been altered in any way and in any conflict te reo Mori shall prevail I had to say that. Okay, Te Whakaputanga o Te Rangatiratanga let me say here and now, Mori never ever signed a Declaration of Independence. 5 ?? NA Kia ora. And yet its promoted around the world that we have a Declaration of Independence. And like everything else, okay, Ive suggested and Im only suggesting the English version, Im not saying it is true, hard and fast, but I didnt do this alone. I had the taumata kaumtua with me for quite a long time debating this issue and theres a lot of people in this room who will remember that. It was debated here at Waitangi year after year after year for the past 25 years. And The First Article, the Tuatahi: Ko mtou ko ng. Rangatira o ng iwi o Nu Treni, and we come to the term, We are the Hereditary Chiefs (or Rangatira) of the Mori nation of New Zealand. And the question raised: Does iwi mean nation or ng iwi, is there more than one iwi? Well lets debate that one day, see what you come up with. I raro mai o Hauraki: Ko mtou ko ng Tino Rangatira o ng iwi o Nu Treni, raro mai o Hauraki. One statement, we are a nation and the other statement; were talking about people north of Hauraki. And raro mai o Hauraki is from the latitude of the River Thames to the north of Manawa Tawhi. Now weve talked about this before, hap dont make decisions for other hap. This particular Whakaminenga also made that decision that were not making the decision for the southern tribe and well come to that one later one, because it was an invitation to ng iwi o runga. I raro mai Hauraki, so we isolated it back to those people of te whare tapu o Ngpuhi that somebody spoke about before, we got te ptu the four other tribes and the roof is Ngpuhi. 30 Kua oti nei te huihui i Waitangi i Tokerau 28th of October - - - thats fairly straightforward. Ka whakaputa i te Rangatiratanga o to mtou whenua - - - NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA 35 - - - thereafter we proclaim the estate to be in a state of peace. Now thats debateable also that Whenua Rangatira because other people got other krero about it. And what the elders come up with in the past is, that the land is in a state of peace, basically because: This suggests an access to other people a condition of tribal - - - NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF 40 NA - - - they invited the southern tribes to be part of the system.

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Wai 1040, #4.1.2 Now Im not going to take that as read, is that, I understand what Whenua Rangatira is and my understanding of it, he taonga mo te manuhiri, and I have no problems with other peoples translation or interpretation or whatever it is. 5 Kia huaina nei, to be named Te Whakaminenga o ng Hap o Niu Treni, interesting that particular line was underlined within the document and it says all I said before was, the English people never wrote about Te Whakaminenga in their meetings and all that sort of thing. But when it came for a document for this particular institution to be transferred to the future, they transferred it with some mana by underlining the thing. And saying while the Te Whakaputanga document is a document, Te Whakaminenga was the establishment that was being transferred, to be named The General Assembly of the Tribes of New Zealand. 15 So the First Article identified specifics - - - and I say that, it identified the people ko mtou, i raro mai a Hauraki. The estate; again, i raro mai a Hauraki and the legislative assembly, Te Whakaminenga o ng hap. Well, thats what I got here. The Second Article: Ko te Kngitanga ko te mana i te whenua o Te Whakaminenga o Nu Treni. And we know what Kngitanga is all about, that sovereignty is the authority of the land of the general assembly of New Zealand. Kngitanga comes from all sorts of places, and I think thats one of the words that a lot of people debate over, especially the Crown, I think they debate a lot over it. Sovereignty is the mana that comes the land - - - 25 NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA - - - the Mori have always said that without land were nothing. And I suppose, trying to get some word in there, thats going to be meaningful to both people was the difficulty. 30 Ka mea tia nei kei ng Tino Rangatira anak i t mtou huihuinga; thereat the sovereign authority will decide solely in the hereditary chiefs and resolved in Congress - - - and Ive said that before that the only time they make decisions for things that cover all of these tribes within congress or within huihuinga, and once you walk out the door you comeback to the hap situation again. Ka mea hoki e kore tukua e mtou te whakarite ture ki te tahi hunga ke atu. Interesting, the hunga ke is used here, and there were two states made in the letter of 1831, was the hunga ke and the tauiwi, and we got into the habit of that in modern times. Were calling every stranger a tauiwi now. Whereas in olden times tauiwi was just the other tribes that dont belong to your tribe, n, and the hunga ke is a foreigner somebody that doesnt belong okay. And which meant that: Thereafter it would also resolve never to let the creation of any legislation (laws) by foreigners (the hunga ke).

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Wai 1040, #4.1.2 Me te tahi Kwana hoki kia mea tia i te whenua o te - - - NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA 5 - - - estate of the General Assembly of New Zealand. Now thats very interesting statement when you come to the Treaty and you find that Te Whakaminenga actually negotiated five sections in the Treaty of Waitangi, - - - nor any other government to establish of any estate of the General Assembly of New Zealand, and they were negotiating a way I doubt it. Ko ng tangata anak mea tia nei e mtou e whakarite ana ki te ritenga o mtou ture - - - and if you havent reached the heartland of Moridom, how can anybody else from Mori be selected. E mea tia nei e mtou i t mtou huihuinga - - - NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA 15 - - - ka mea hoki ki ng tauiwi o runga. Ah, here we go, the difference between tauiwi and hunga ke. ka mea hoki ki ng tauiwi o runga - - - and were talking about the southern tribes because were now runga, were going up to wherever were going up to. An invitation is offered to all Southern Tribes - - - and some of them did join the clan. 20 Kia whakarerea te whawhai; leave aside all disputes - - - you know, because remember we just finished chopping each others heads off. Kia mahara ai ki te whakaorongo o t mtou whenua - - - and thats just state what I am saying, you know, some people might have other versions of what was that word, Whenua Rangatira and like I said it was good debate, it lasted about 10 years with the taumata. But when you come to Article 3 theyre talking about kia mahara ki te whakaorongo o t mtou whenua, were asking the southern tribes to join us and remember our whenua rangatira, he taonga mo te manuhiri, dont be afraid of Ngpuhi anymore thats what they were trying to say, weve stopped chopping heads off. kia uru rtou ki te Whakaminenga o Nu Treni - - - and this identifies the existence of a judicial process and membership of the collective assembly. You know, so were talking about a rnanga whakaw in the 3rd Article. In the Fourth Article: Ka mea mtou kia tuhituhi he pukapuka - - - 35 NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA - - - a n te mea, ka atawhai mtou ka tiaki i ng Pkeh. See, already we already have what do you call it? A n te mea, ka atawhai mtou ka tiaki i ng Pkeh - - -

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Wai 1040, #4.1.2 NUKI ALDRIDGE CONTINUES READING TO HIS BRIEF NA - - - mea mai ai mtou ki te Kngi kia waiho hei matua ki a mtou. And we were debating this forever on this matua thing, that we asked them to be a rangatira, ariki? I dont think so. 5 Conversely, we ask the King to remain as a guardian to us (in our collective capacity - - - so wasnt talking about Te Whakaminenga, not talking about the hap, n r, if they did they would have said the hap. He matua ki a mtou, another he matua ki ahau as a individual rangatira saying it, but he was saying it as a collective within the Whakaminenga. He matua ki a mtou, so we ask the King to remain as guardian to us in our collective capacity. In our developing Statehood against all who wish to deny us our sovereignty - - - and they must have known something was going to happen otherwise they wouldnt have made that statement I dont think, that something was going to come both in those letters, the 1831 and this one, they talked about somebody coming to deny their sovereign authority. So they already had the information on what was going to happen and what was likely to happen. And this section deals with documentation, immigration and recognition within the international community. BG NA BG NA 25 PT Matua that would be a good place to stop for afternoon tea. Already? Well you got through the bit that I did not want you to hear. Okay, thank you. Kia ora an ttou, e Nuki, e mihi ana ki a koe e nei ki t krero, [Indistinct 3.18.44] koe e t ana, me okioki koe m ttahi w, e, e mihi ana hoki ki a ttou, ki a koutou, ana, kua tae ki taua w. Thank you, Nuki, for being consistent and determined in your delivery, have a rest for a little while, and compliments to all of us. Its 3.15, well come back at 3.45. Please, so if you can be seated by 3.45 that will give us an hour and a half to go through the final session. We will conclude at 5.15 this afternoon. Can I just remind people please, that kaumtua, kuia, afternoon tea will be in the wharekai itself and for the rest of us were next door in the tent. Thank you very much. I may not have a chance to talk afterwards. Our start time in the morning is 9.00 am sharp. Afternoon Adjournment

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WEEK 2 DAY 1 SESSION 3 [3.19 PM] FINISHES WEEK 2 DAY 1 SESSION 4 STARTS
Hearing Resumes NA 5 Trans NA 10 He pai i ng r ttou ma, kua tata oti i tnei r, kua heke noa atu te r, tn pea, kua tae r ttou ki te whakaputanga i ng tribes of 268, ka tmata. Were just about at the end ladies and gentlemen, the sun is gone over halfway. Were at section 268. Ive already talked about the House of Ngpuhi and the connections between the different areas. The Whakaminenga, however, was extended to include the other tribes south to Hauraki and this is the first mention in Te Whakaputanga i raro mai a Hauraki. When I asked the elders about this they said that at the time there were multiple waka in the north, such as Ngtoki, Mmari, Tinana, Mmaru and the Mataatua, when you talk about the houses of Ngpuhi it was developed out of those waka. One of the krero from that, Hongi Hika was responsible for a whole lot of people being pushed back into their own waka boundary. For example, the one tribe in Whangaroa and further south, but he pushed them back to Peria and these tribes have stayed in their waka boundaries. Before we get into conflict with that, if I can just put something into the mix at the moment for ttou m. tnei take krero nei ttou ko te Uruuruwhenua, n, mahara ana koutou ki tr huatanga. Trans 25 NA This matter that we discuss, Te Uruuruwhenua, you know that term - - This is what each tribe call their homeland, mhio ana ttou, ko tahi o ng hap, ng iwi i mua, e ktiti haere k ana i waenganui i tn iwi, i tn iwi, ttahi o ng take e mea ana au, ehara kei roto i aku pepa, engari, kia tukuna atu kia koutou, tahi o ng mahi a Hongi ma, a Ngpuhi ma, ki te whakahoki i ng hunga nei ki t rtou nei Uruuruwhenua. We know that some hap and iwi in the old days, they would wander from one iwis boundaries to another iwis boundaries and one of the reasons that I put down here, but its not in my writings, but I say to you, here, that some of Hongi and Ngpuhi would return those iwi to their proper boundaries. Uruuruwhenua is a place where tribes place stones on their boundaries, n te kite ttou i tr, kua mhio, he rohe tr, n tr hap, n tr hap. Now when we see those boundaries they would know that that is the boundary from one iwi to another. And we know about these stones, theyre all over the place.

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Wai 1040, #4.1.2 Okay. Kia kore koutou i riri mai ki au, so keep your powder dry and your safety catches on. So one of the krero was that Hongi Hika was responsible for a whole lot of people being pushed back to their own waka boundaries Ive gone through that and He Whakaputanga went beyond that. When the elders talk about coming together they talked about coming together as hap with strong relationship to their waka. And the waka aspect actually came out in the Whakaputanga, the language used was i raro mai a Hauraki rather than Ngpuhi, Hauraki and others. I believe that they laid out the markers for the expanded area when they set up Te Whakaminenga, it was from Tmaki ki Te Rerenga Wairua and there are three stones, theyre out there. I have to be honest, I dont know where they are, but I know where theres one in Whangaroa, and I wonder if theres one in the middle of Whangaroa because Whangaroa historically is isolated among the tribes of the north. And in Whangaroa theres a stone a certain size, it doesnt belong there. And, mea ana te krero, he Uruuruwhenua, pr an i te kohatu i mhio k a mai e Kupe, he Uruuruwhenua n. Trans 20 NA People say that it is a boundary line just like the stone left behind by Kupe. A lot of people have spoken about it and a lot of people know where it is, but consider it to be a Mataatua anchor, not ours, was it? It may actually be one of the numbers of identical rocks which lay out the boundaries. The whole of the northern peninsula, everyone north of the line of raro mai Hauraki came under Te Whakaminenga system. There was involvement by Ngti Whtua and Ngti Kahu, everyone within the sphere of the Whakaminenga o ng hap. Everything I have said above is not talked about in the written history because it was never understood by European. Working for the future is not a new thing for Moridom. If the Europeans had understood they might have understood He Whakaputanga. Where the whakatauaki is saying, Ngpuhi Taniwha rau, Ngpuhi Kowhao rau. The English equivalent, You could knock off one chief and still have 99 left to go, well thats how it is. 35 Wow, that wasnt the end of Ngpuhi. When the Europeans came to deal with the northern tribes they were never able to penetrate the heart I keep repeating that dont I maybe its a fact yep. I mention the heartland, they did not destroy the Mori heartland for what it was, and the Europeans never knew the heart, they never took it over. We are into the Summary: I believe He Whakaputanga is evident, only the Mori people can use. He Whakaminenga was already functioning but when Busby suggested they declare independence under Te

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Wai 1040, #4.1.2 Whakaminenga they found a vessel through which they could transfer information to the future. For me, after everything that had happened with early contact the Mori people said, That will do. Well send that into the future. 5 And modern Mori like Pei Te Hurunui Jones have deciphered the mteatea books and have started Khanga Reo not him, but Khanga Reo started around about that time. Recently we have seen the uprising of the Mori nation to a position where we are recovering our culture. And I believe that Mori from that time felt that once the future generation have deciphered the past they would be able to use the information. In short, our people didnt care about declaring independence. The written document meant nothing. They didnt need it because they already had the Whakaminenga, but they choose they English people, they chose them to carry information. They put everything on the other side to make recommendations and suggestions that this was the way the old people explained it. He Whakaputanga was a method of holding information, keeping it for future generations. These generations have passed onto me were just telling me it exists. I actually found He Whakaputanga in a lawyers office in Wellington. I was down there one day and we made copies and distributed it all over the world, and I say I distributed it all over the world because we had an international youth conference indigenous youth conference in Waitangi here in 1995 or 96, and we had these books there. And as a taonga we gave them all these international use from around the world a copy of it, thats what I meant when we distributed it all around the world. I lived Te Whakaminenga since Ive known what it was about, all these years I know about Te Whakaminenga, I didnt know until someone showed me. In my mind I felt someone had why do I keep repeating myself. But it wasnt referred to as the Declaration of Independence; weve always talked about Te Whakaminenga o ng hap. Now Busby continued to collect signatures to Te Whakaputanga, from Mangatira until 1839, which brought the total to 52. The King received it and promised his continued support, but it was discredited by the Colonial Office. I would have suggested that Te Whakaminenga would have continued to initiate Mori law this is the krero that came down to me, they saw that each time Mori and Pkeh had conflict, people die. So they said: How about you Pkeh set up a system for your own people which resulted in expectations of the governor under the Treaty. I can see Mori law being applied not against the Pkeh; they wanted to live together with it. They wanted to know what laws they needed to make for the Pkeh people to settle down. And that came through from Te Whakaminenga. You cant say that they had no recognition of English law, but they continued with their own law. But they were concerned with the relationship with other nations, that was the first inkling of parallel

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Wai 1040, #4.1.2 laws, but the English people didnt see that. Pkeh wanted the Mori to take on Pkeh laws. And Busby was imposing his view of colonialism when he tried to get Te Whakaminenga to enforce a law in a Pkeh way, but they understood colonialism but they werent prepared to trample on other tribes mana. And we get onto the Treaty: Ng rangatira Te Whakaminenga, I mentioned it at a preamble, Article 1/2 one and two of the Treaty, and at the end it mentioned when they agreed with the document and signed. When this is mentioned right at the end who were they dealing with? And I would suggest that Hobson knew exactly that he was dealing with a group of people and recognised them as a governing organisation. And he knew exactly who the Whakaminenga was. The elders these days know that the writing was not put there for no reason. In my oral history I was told that my tpuna, Hari Hongi and well Poi Hakena was there at the negotiations, but didnt sign and other members might also have been there, but didnt sign. Well the Queen wasnt there either and she didnt sign. My mother kept telling me to remember the Treaty, kia mahara ki te Treaty, but looking at the English our people had to put the information through a carrier so it could go into the future and they were good at recording, thats one thing I can say about the English people, they were damn good at recording things. The information that the old-time Mori transferred to people like me was information transferred by my own ancestors. We can quote proverbs that they used in speeches, and I started listening to people speaking on marae, Ranginui, Papa-t--nuku, tapu, ihi, wehi, rhui all start coming out in speeches, it dawned on me that the speeches were supporting the evidence. They have gone into writing and people like me are reminded of this that there are changes happening, but when I listen to younger generations I see overriding things of younger generation coming up when older people are talking to me. Conclusion: Colonialism; the policy and practice of a power in extending control over other people or area. And beyond doubt colonialism impacted on the northern tribes more than any other tribe in this country. The same northern tribe had to bear the brunt of the survival of the Mori nation. Today they hold the Mori to that nations future. The introduction of a foreign culture after Tasman, Cook and De Surville, the whalers came with their culture; the traders came with their culture, the escaped convicts from Australia with their culture, pirates, vagabonds, the missionaries their culture, the capitalist with their culture and land sharks. None was to leave any worthwhile impression on tangata whenua. We speak of the people of this land now called New Zealand (Aotearoa). That time and contact is identified according to the whims of foreign culture. From Tasman to now they have used such names about us as the enemy, Indians, natives, heathens, savages, barbaric, primitive or uncivilised, New Zealander, Mori, tangata whenua. All but tangata whenua has created an environment or not belonging in our own

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Wai 1040, #4.1.2 land, and just one example is the name New Zealand given Novis Zealandia but a Dutch navigator but I apologise to that Dutch navigator, and the elders past and present have often said: To be called a New Zealander is to be a stranger in your own country. 5 Now these colonist cultures brought with them their institution of racism which appears in many forums and in the primary force of elitism, designed to destroy good people. Oppressing people because of something they can do nothing about. Ethnic racism exists as the systematic discrimination against a group of people because of some characteristic theyre supposed to share in which they have inherited as a group. And the crudest racists argue that races have different positions in the world because of inherited biological differences. Then we have capitalist racism out of the growth of industrialisation. The world was carved up but the colonial empires expand Portugal, joined later by England, America, Germany and France and this developed the slave trade that needed a racist ideology to justify it. At the same time as the emerging capitalist were proclaiming a new order based on formal freedom and equity equality for all people. This glaring contradiction was personified in Thomas Jefferson who wrote in the American Declaration of Independence that all men are created equal and they endowed by their Creator with certain inalienable rights, and amongst these with Life, Liberty and the Pursuit of Happiness, all that while enslaving the indigenous people. Did Busby bring the same Declaration to Aotearoa to con tangata whenua in 1835? Fortunately by then our tpuna were aware of the ideologies of the world for what they were. They recorded He Whakaputanga o Te Rangatiratanga in 1835 in te reo Mori to further protect their rangatiratanga. In Aotearoa, ideologies of racism and capitalism stem from laws, rules, regulations, policies and procedures that the colonialist brought with them as a divine right and imposed on the Mori nation. They utilise these policies and procedures to enhance their own lifestyle, be it on the back of others. He Iwi Ktahi Ttou is spoken by Hobson in Waitangi in 1840, knowing that it was untrue, that was not his intention. It was racism of the highest order. ?? NA 40 Kia ora. From that moment Mori history became secondary tohunga care thinking. From there colonial England began the process of ensuring that Mori became an English person or they disappeared completely. The laws of England from Westminster based on racial discrimination were immediately applied by Hobson, by his proclamation of Mori ceding sovereignty which only the Hobson and colonists believed in. Tangata whenua Mori knew explicitly what their mana/rangatiratanga, call it what you will, was ceded to no one.

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Wai 1040, #4.1.2 We are reminded of some of the laws that the white man came with beside their belief of a divine right, theres a common law that neither simple nor straightforward. Instead it is complicated, often its only utilised by rapacious people who have devised that to keep title to wealth and property and to power and use it to avoid justice. Theres customary law, the common law definition of the customary law and practices are applied to indigenous people, yet originated in the 17th Century court cases in England and USA to subordinate the rights and laws of indigenous people to that of the colonising power. Theres customary title refers to authority which colonising courts have decided to grant to indigenous people over taonga tuku iho. It re-defines land title, forestry, fishery, yes, etcetera and subordinates tangata whenua Mori interests to the Crown. Their customary use rights which refer to rights of colonising courts and governments have decided indigenous people can have with respect to taonga tuku iho. In later years legislation defined this to better suit and be compatible with Crown interests and authority. It is often asked: Were there any honest laws? There were no honest racial laws; all are corrupted by dishonest people. There are no custodians to see that justice is done because justice in racial terms is never done and almost by definition cannot be done. In the years before the Treaty extinguishment with the power assume by colonising powers to remove indigenous peoples rights and obligations, the land dealings that the colonist used is extensively to their private gain. Today the common law now limits the power to extinguish by requiring it to be done through specific legislation, the Treaty of Waitangi Act or through the consent of iwi, hap, whnau concern. At early contact ng hap o Ngpuhi having no precints of the flow that they knew was coming, needed an anchor to protect its own identity, autonomy and future. They did so by means of Te Whakaminenga o Ng Hap which is identified in He Whakaputanga o Te Rangatiratanga, 1835. Paternalism always was and still is very much a part of any settler government deal. Mori will struggle for the right to decide tribal destiny while the Treaty continues to take precedence over Te Whakaputanga and the Treaty. The government has a continued reluctance to granting control to any other authority but itself. For Mori, without trust there can be no relationship, without freedom to decide and judge theres only an illusion of self-determination. Ng hap o Ngpuhi must decide for themselves on how they will determine tinorangatiratanga. Ng hap o Ngpuhi, the challenge is with you, you have known since the conception what tino rangatiratanga is all about. The key is, are you ready to determine your own future as prescribed by your tpuna or to continue under the paternalistic system of a settler government.

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Wai 1040, #4.1.2 Ng hap o Ngpuhi your time is now. Gather your legends, your history, your culture, your rituals, your art form and develop your own future. That will hei mea ngaro hei tpiri, think that of the past to build the future, haumi e, hui e, taiki e. 5 HAKA Katoa NA Kia ora. e, tn koutou ku mokopuna, kia ora koutou.

Andrew Irwin questions Nuki Aldridge [4.08 pm] AI Yes, thank you, sir, I have a few questions. 10 , kti tn rawa atu koe te rangatira Nuki, tnei te mihi atu kia koe. Your evidence is that although they did not use the term Te Whakaminenga, from about 1808 rangatira began to gather together to make decisions, isnt it? NA 15 Trans AI NA AI 20 NA AI NA AI 25 NA AI NA AI 30 Me krero an e tka ana e te rangatira. Can you repeat your question please? Would you like me to the question? I cant hear you. Your evidence is that although they did not use the term Te Whakaminenga from about 1808, rangatira began to gather together to make decisions. e, tika. But in doing so they left hap autonomy intact, thats your evidence? e, kia ora. And when they gathered together they did not have the authority to create laws for hap, thats your evidence? e, tika. And any decision that affected hap needed ratification by hap? Kia ora. In your summary of your evidence at paragraph 276 you say: In short our people didnt care about declaring independence. A written document meant nothing. They didnt need it because they already had Te Whakaminenga. And I take it that your point of view is that He Whakaputanga in 1835 did not change the situation that weve just discussed, is that correct?

Wai 1040, #4.1.2 NA AI 5 NA AI The document of 1835 didnt change the situation we have just discussed, yes. And just to be clear about this, Id like to turn to He Whakaputanga and to the 2nd Article of He Whakaputanga which you set out at page 70 of your evidence. e, krero. And the 2nd Article of He Whakaputanga is called Te Kngitanga ko te mana i te whenua o Te Whakaminenga o Niu Treni, ka mea tia nei kei ng tino rangatira anak i t mtou huihiunga. Will reside solely with hereditary chiefs. And you translate those words as meaning: That sovereignty is the sovereignty of the lands of the general assembly of New Zealand and there at that sovereign authority will reside solely with the hereditary chiefs, rangatira resolved and assembled congress. No. Te mea kia mramatia tn I mean, we need to be clear that the Kngitanga is a word still being discussed when coming to terms with even in Moridom today. And, you know, we can talk about sovereignty or we can talk about rangatiratanga, and whether Kngitanga conforms with that or not is a matter still being discussed. My question to you is whether my question to you is this, that your point of view, I take it, is that these words that weve just gone through again do not alter the situation that Te Whakaminenga if it makes a decision it must still gain ratification from hap? No, I think you may have got me wrong in the point of, when the Whakaminenga made a decision, remember also were talking about ariki lines making these decisions, okay? And they have the mana to do that. And if it affected the hap then the hap will decide on that one. Let me be clear, it is not a situation on where at modern times when we go to a huihuinga and people said: Now hang on a minute, I got to go back to my hap. In the Whakaminenga situation of that time the ariki was making the well the, you know, the ariki was making the decision and if it affected the hap, yes, then the hap had to deal with it. AI 35 NA AI If we turn to the 3rd Article of He Whakaputanga, which you set out at the very bottom of page 71 of your evidence. Okay. And it goes over the page to page 72. The 3rd Article begins: Ko mtou ko ng tino rangatira, ka mea nei kia huihui ki te rnanga ki Waitangi te nghuru i tnei tau, i tnei tau ki te whakarite ture, and you translate that as: We the hereditary chiefs, rangatira collectively agree to meet in judicial congress at Waitangi in the autumn of each year to create laws for the matters that you set out there.

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Wai 1040, #4.1.2 NA AI Okay. And so I take it that if Te Whakaminenga were to meet to make laws for any of the matters set out there that affect the hap then the hap must go the decision must be taken back to that hap for ratification. Now lets deal with it in another way, if I may put it to you? When they come to the meeting of the rnanga whakaw - if we can use the term of the rnanga ki Waitangi o te nghuru o tnei tau, i tnei tau, weve added the thing, te rnanga whakaw, its to do with judicial issues, right? Because the thing of ki te whakarite ture is a judicial issue within Moridom. Te whakarite ture, I find it difficult to put a Pkeh word to it like a judicial issue, but te whakarite ture to come to that deal at that time, its been brought from the hap to Te Whakaminenga, not the other way. AI 15 NA So in that sense the hap has already ratified the issue that is then been brought to Te Whakaminenga? Not really ratified, I wouldnt use that word ratified, they have discussed it amongst the whnau, amongst the hap and now because it may affect other tribes around them they send it to Te Whakaminenga to - - Would you accept that that kind of sovereignty is different to a British understanding of sovereignty where for instance the governor of a colony could make laws without necessarily the mandate of the people or needing to go back to the people for ratification? I cannot in all honesty give an answer on what a colonial government will do and what situation theyre in and how they make their laws, I cannot really answer that. But when it comes to the Mori situation Ill go back to the issue that, theyve been discussed in probably two or three levels at the hap level, then its brought to Te Whakaminenga if it involves other people. And because Te Whakaminenga was created to deal with this wave of whatever they thought it was, te ngaru, te waipuke o te Pkeh, then that decision is actually made by rangatira (by ariki) within the Whakaminenga. AI 35 Thank you. Id like to turn to a different kaupapa now, and earlier in your evidence you mentioned that you consider the phrase: Nku tnei whenua, nku tnei whenua from the Mori perspective to be inaccurate in the sense of trying to say, I own this land. And I took it your point was really it was the other way around, if anything the land owned you or you came from the land and I presume then that a more accurate phrase in Mori would be: N tnei whenua ahau, would that be fair? NA Well I need to come to an understanding between you and I, Anaru, pnei te krero: Kia mrama mrika tua i te krero me , n, ahakoa,

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Wai 1040, #4.1.2 kei hea, ahakoa kei hea ahakoa kei hea , ko tua ritenga tonu, pn ku whenua, ku whenua, ehara k i te ku whenua, pr an he whenua nku, nn, whenua nn, ehara k i te whenua nn. Trans 5 Let us both be clear about this letter o and a, although where it is still the same rules, whether it is my lands o hu and you cannot say ku whenua same as he whenua nku my land, you cannot say he whenua nna. Its a difference between the o and the a in where its used - - Yes. - - -and we need that understanding between you and I before we can have a relationship on that question between us. Sure; And you said earlier in your evidence, I think you interpolated that ownership is a Pkeh concept, thats your point of view? 15 NA AI e. Yes. On page 70 of your evidence you say that sovereignty is the mana that comes from the land, and what I want to now do with you is try to cross the cultural divide in this way: 20 I know that you have said that ownership is a Pkeh concept and youve also said that there is no common ground in the English and Mori texts of He Whakaputanga, but the task for this Tribunal is to try to bring together the clash of cultures and the clash of cultural understandings that occur. So my question is this, if one group has te Kngitanga te mana i te whenua of a certain area, and lets say i raro i Hauraki, can another group or another person say: I own that land or is that simply incompatible? NA 30 Interesting; Ah, kia ora, Anaru. I think I need to step back into where the concept is from a Mori point of view, n, on that thing they call ownership. Like we discussed before, there is no such thing in the Mori terminology as ownership of land. They are guardians, they are party to it, they use it and all that sought of thing and they pass it on to the next generation and so forth. To give a concept of ownership is difficult in my mind to conceive where that question is coming from and how I could answer it because basically in the end and the end result is, I cannot own this, I might have a title to it, but I dont own it. Because when my title is bought or sold by other people its no longer mine. But if we peel back whatever it is that we peel back it come to the whenua itself we gain what we can from it because

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Wai 1040, #4.1.2 we term it Papa-t--nuku which is the maternal element of the world of the Mori. So at the maternal element of the Mori we cant own it. You know what the difficulty I have in answering that question? AI 5 I understand the difficulty and I must push you on this. Does it not follow then that if you cannot own the land in the way that youve described, someone else from a different group cannot own the land for the exact same reason? NA 10 You know, in Mori terms, okay, the only way you can push me off the land is come and have a whawhai with me, eh, and the winner takes all. To conceive the question that youre asking that Im sitting on the land and somebody went and bought a title next door and suddenly owned it thats how I conceive your question. If thats so, then it cant happen, but that may not be the background of your question. AI 15 NA AI The purpose of the question is to test whether one group can have te Kngitanga te mana i te whenua - - Yep. - - -and a different person or a different group at the same time can claim to own that land. It seems to me from what youve said that the other person cannot and that the claim to the ownership, albeit from a different cultural context, is inconsistent with the Kngitanga me te mana i te whenua of the group that has that. NA 25 e. Im starting to get where youre coming from, Andrew, and I still have a problem with it because from a Mori perspective, ko hau te ko te whenua ko hau, n? And I cant deviate from that. And youre talking about another group Im sitting on the land and another group coming over the top of me, I cant conceive that, because the only way that it can come over the top of me is either knock me off or push me off, then its his and the mana of the whenua is still belongs to whoever it is that came in after me, but hes got to push hard, Im not easily pushed. He pn mrama ana tr pai noa - - Trans AI 35 Trans AI If thats clear. Kua marama ke t whakautunga mai, tnei hoki te mihi atu ki a koe, e pa, tnei te mihi ki a Tahawai Ngti Uru, nhau an i whakatakoto na ng krero a kui ma, a koro ma, tnei hoki te mihi atu ki a koe. Yes, thats clear, thank you for your answer. Thank you very much, sir and acknowledgements to Tahawai, Ngti Uru. You laid down the stories of the elders and I thank you for that.

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Ranginui Walker questions Nuki Aldridge [4.25 pm] RW , tn koe e te rangatira e Nuki, tnei te mihi atu, ka nui te mihi atu m t kaha ki te kauhau i a ttou i tnei r, mai i te timatatanga i te ata nei, tae noa ki tnei hora. I a au e mahi ana i te whare wnanga, kotahi hora noa iho e kauhoe ana kua ngenge te hinengaro, i runga i te krero, stimulus overload, n reira ka nui te mihi ki a koe. Trans

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Greetings, Nuki. I congratulate you for your evidence today, from the commencement this morning unto this time. When I worked at Auckland University I would only lecture for one hour and I would be exhausted - - -

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- - - stimulus overload. So congratulations on your effort. At page 20, ka krero koe m Puanga me Matariki You refer to Puanga and Matariki - - - - - and you say Northland people have Puanga as their New Year. I presume that they rise at the same time, these two constellations or these two stars.

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e. How it was explained to me, but pn tku krero, e T. How it was explained to me, i te mea kre au i te tangata, mataki i te whet, engari, ko a rtou krero e pnei ana, a puanga kei runga e arahi ana i a Matariki n, t rua kakenga mai i te mea, i te porohita o te ao, ko Puanga kei runga, ko Mtriki kei raro n. I te whitinga mai o Mtriki ki ng iwi o runga, ill have to stick to that runga and raro business, ka whiti mai a Mtriki ki ng iwi o runga, ka whiti mai a Puanga ki raro

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Because I am not a person who observes the movement of the stars, but they say Puanga is the forerunner to Matariki, when they rise in the heavens Puanga is the forerunner to Matariki. When Matariki ascends to the people of the south Matariki ascends on the southern tribes, the same time Puanga ascends in the north.

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In the northern tribes, when the stars rise in the eastern horizon and the Matariki is seen by the southern tribes, its at the same time that Puanga is seen by the northern tribes - - Right.

Wai 1040, #4.1.2 NA RW Trans 5 - - -and it takes another two or three days before Matariki is seen by the northern tribes, hows that for an answer? Kia ora, kua mrama, engari, he ptai an i tua atu o tn Another question. Theres a big push in New Zealand now to recognise Matariki as the beginning of the New Year. Phea te tiaki i te tkanga o Ngpuhi? Trans NA 10 Trans RW What about Ngpuhis say on this? Mku te k atu ki te rohe a Ngpuhi kei a rtou te take, e kore e taea au. Let me say, look at Ngpuhi the answer is with them. I myself cannot speak on their behalf. Well Im just, you know, suggesting there is the danger that there is a move afoot to recognise Matariki as the national beginning of the New Year, and even Pkehs are subscribing to that view now, and Ive heard a different view today, and thank you for that. Kia ora. At page 30, paragraph 108, you talk about codes of behaviour are created for the time. Are you suggesting there that the code of behaviour that Mori had was much more stable than the code of behaviour that Pkeh had because the laws kept changing? NA Trans 25 RW Tku ptai ki a ttou e T, kia korerotia ana i a koe, krero nei titiro hoki ana au i ng tuhituhitanga, mn krero mai an koe i te ptai. My question, Ranginui, while you were asking my question I was looking at the writings, so can you repeat please. At paragraph 108 you talk about: The codes of behaviour they are created in time and this can be contrasted with the English method which works on tradition which has happened in the past, and by the time they create the law to apply to the situation, the situation may have already gone. So those two systems, as you say, are radically opposed or different. NA RW 35 Trans Kia ora. So what Im asking you, whakatakoto te ao Mori na kaupapa, ka noho tturu r kaupapa, kore e tn, is that what you are saying? When the Mori lays down their issues, those issues become permanent, they do not change.

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Wai 1040, #4.1.2 NA Me pnei pea te whakautu i tn, i te w i te Mori e hanga ana i te ture m naianei, te w o te Pkeha e hanga ana te ture m ana mahi n, koia au e mea nei When Mori would establish laws when Pkeh establishes laws for their works, thats why I say - - - - - codes of behaviour are dealt with at the time that was required. Whereas a code of behaviour in Pkeh law is dealt with of something that happened yesterday and by the time the thing is created the past is gone the requirement is gone. Yeah. e. Kua mrama, thank you for that. At page 56, paragraph 219, you talked about the missionaries werent honest in their dealings. For example, at Kaeo, are you saying that the Ministers of those days were just as venal as the Ministers we have today? NA Trans RW 20 NA RW NA 25 Trans RW 30 Oh, tku k atu e T, Amene! My response, amen. But the real question I wanted to ask, you refer there, there is a stone kian [Ph 4.31.28] erected to this atua, ko wai te atua? e. T rtou Atua? M rtou Atua m te Pkeha, engari, kei runga i te kinga i noho nei te rangatira nei, i tuhia atu nei te whenua ki a rtou, koia tr, e mamae tonu ana whakarongo tn take, e kore e taea. Pkeh God, but at this place where this rangatira lived, where the land was taken. Whangaroa is still pained at that action. One last question, at paragraph 64 where you translate the letter and you use the phrase: ki te mea ka tuku atu ttahi o u tangata ki a mtou ka noho nei hoki he hinu ki te whenua. Now is that a, ehara tr i te whakatauki na te Mori n. Trans NA Trans 35 RW That is not a Mori saying, is it? Ko thea tr, krero mai an - - Which is that? The fat of the land, ehara tr i te whakatauki n ttou e te iwi Mori?

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Wai 1040, #4.1.2 Trans NA Trans 5 NA Te hinu o te whenua, that is not a Mori centric saying, is it? Kore, tn tmomo krero, kia ora, i mauria mai he ora ai nei, kore au e mhio ana n hea, engari, tn krero kei ng kupu o tnei r, No. To me it was transported here from wherever, however, that current saying in English - - - - - you know, everybodys living off the fat of the land. Tn pea, he rerek an tahi o ng whakaaro a ttahi atu ki tr take, ki te hinu o te whenua, Trans 10 NA RW NA 15 Trans NA RW Trans 20 NA Trans RH Perhaps others may have different opinions and views on that, on the fat of the land. And maybe theyre talking about the substance of the land, tn pea - - e. I roto i a au e ng whakaaro engari, khai puta n te mea, ng krero i mua, i muri mai o tr kaupapa, ka hoatu nei, To me I think they were talking of the substance of the land because the writings following and before - - - - - living off the fat of the land. , mea ana au na te Pkeh k tr whakatauki I claim that that was a Pkeh saying. e, e tautoko ana i tn. Yes, I agree with that. Kia ora, Mr Aldridge, I wont keep you long, youve had a real marathon session and I thank you for it. I just want to follow up on that 1831 letter and just ask you for some clarification. You mention that the letter was engineered, I think you use the word and directed, I take it youre arguing that the missionaries were putting in their own words for their own purposes, but the Te Whakaminenga were using the letter for their own purposes to kind of secure the friendship of the King of England and his protection against the people of Marion. Is that what you are getting at rather than the whole letter itself was engineered by the missionaries? NA 35 e, kia ora. If I go back to some parts of the submission of the evidence was that these two nations were going down different pathways for their own reason. And when it came to the letter it depends on I dont know the person that wrote the letter, but I would suggest

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Wai 1040, #4.1.2 (and thats only a suggestion) because I would also think that people behind me will have other views on that letter - on that particular letter. I would suggest that they both try to input into that letter what they wanted, and I suppose whether its fortunate or unfortunate the letter was not compiled for one group of people alone, it was compiled for both and they got what they wanted into there, and thats how I see the letter, theyre in two parts and one where the missionaries was wanting to get their things across and one was the Mori peoples and well get something in there also. RH Thank you very much.

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Judge Coxhead questions Nuki Aldridge [4.35 pm] JC Ng mihi nui, ki a koe, e te matua, n i whrikihia ng krero kei mua i a ttou katoa, t kaha hoki ki te krero ki a mtou m te roanga ake o tnei r, ng mihi nui. 15 Trans Congratulations, thank you for your evidence and your steadfastness in delivering all day. As one of the issues that we have before us, as a Tribunal, relates to how did Mori understand He Whakaputanga. And in your krero at page 65 theres a number of times there where you talk about at paragraph 252: That information I received from the elders was that they knew a transfer was being done into the future. Sorry, you got that? And then at the end of that paragraph you say: Te Whakaminenga was the instigator of this, but the transfer of the information was He Whakaputanga. What do you mean by Whakaputanga was the transfer of the information? NA 30 Now let me get something right in my head. With the requirement of Mori to get something into the future because history doesnt talk about I mean, the history as we know it doesnt talk about Te Whakaminenga at any one time, anywhere in any history books, but Te Whakaminenga was operating for a reason. And because they werent recognised with anybody, including the missionaries and all of them, when the document came up Te Whakaputanga came up they found that as a way of transferring the Whakaminenga into the future by inputting it into that particular document, thats how I see it. Its a means of just transferring that particular document into the future, and like I said they underline Te Whakaminenga, for Te Whakaminenga was the requirement for the future, the Whakaputanga was the vehicle. 40 JC Kua mrama.

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Wai 1040, #4.1.2 Koir noa iho aku ptai, ng mihi an ki a koe mai i a mtou katoa, me k mai i a ttou, nhau r i krero n krero, kua tuku iho mai, n reira ka nui ng mihi ki a koe, tn koe, tn ttou. Trans 5 NA Trans OK 10 Those are all my questions. On behalf of the panel, thank you very much from all of us. You offered the oral tradition and thank you very much. N, tn hoki ttou katoa, kua oti r ki a au i tnei w, e mihi ana ki a koutou katoa, tn koutou, tn koutou, tn hoki ttou. Thank everyone, I have concluded, thank you to the panel. An ka tu ake nei ka [Indistinct 4.39.05] tangata kua ngro [Indistinct 4.39.09] ma Hongi Hika. E t ana ta mokai kei tautoko ng krero he mai r an, he tawhito e hohonu. Tnei r e ng tama i a ng taitamariki e ng uri a Hongi Hika, e t i mua o ng takoto aroaro nei, Te Taraipiunara m tnei r, ng mihi, e mihi, e mihi. He tino nui i na te mihi a ng tro ake nei, tnei taha e ng [Indistinct 4.39.35] o ng hui, n reira, e te tpu, tn koe, tn koe, tn koe. Ka huri au n te taha ake e mihi ki a koe e Te Karauna, tn r koe, he ngaru, kei te rongohia na te kaukau [Indistinct 4.39.50] m he rikarika ai, te taringa ai, ng mokopuna o ng mngai proro, e puta n ng krero e tupu, n reira, e mihi, e mihi, e mihi, n reira, te whare katoa e Ngpuhi, ng hap, katoa o Ngpuhi, hap whno [Indistinct 4.40.12] kia hononga tahi, kei t whinga, kua tae ake i tnei r, [Indistinct 4.40.16] e tika ai i mua, hei [Indistinct 4.40.20] ana o te hap ki Ngpuhi, tihei mauri ora, n reira, huri noa ana te whare kei tnei r, ng hoia tn koutou, tn koutou, he mihi ki a koutou katoa, Ng hau e wh, kia ora koutou katoa. Trans I support 100 percent this depth of this evidence and we the descendants of Hongi Hika who have stood before the Tribunal, thank you, we of Ngpuhi, to the table thank you. Greetings to the Crown and the mokopuna of the elders, joyous in listening to the evidence proffered today, so thank you. To the hap of Ngpuhi, all of Ngpuhi hap, that we have given our evidence, the hap of Ngpuhi. PT 35 Kia ora, sir. The next brief of evidence that was to be adduced was document #B3 which is the evidence of Dr Manuka Henare. Unfortunately, sir, counsel thats responsible to lead Dr Henare hasnt returned to the venue so were sort of in a bit of a quandary, sir. I had offered to kick-start the evidence off and then Mr Davis could come and finish it tomorrow, sir, but Ive just been informed that the rp from Taiamai alliance who Dr Henare is adducing his evidence for want to spend 15 minutes bringing him on which would actually take us through to the 5 o'clock finish I know we were gonna finish at quarter past five, but its probably better that we finish now and start on the dot at 9 o'clock, sir up to you.

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Wai 1040, #4.1.2 JC Certainly our preference is to make use of the time tonight, if that is possible. I wonder if we could at least I know, maybe I should be asking Dr Manuka Henare this whether we could at least - - Bring him on properly tomorrow. Is the preference to bring him on properly tomorrow? Okay, if that - - PT JA JC 10 JA JC I can see John Alexander standing there at the back, sir. Yes, sir. Okay, that is your preference? Yes, sir. Is there anyone else who we could proceed with or is this important that we remain with this order and therefore we adjourn now and start tomorrow morning that - - e. Well, could we then possibly start you say there will be 15 minutes to bring him on, could we possibly start at 8.45 tomorrow morning? I think that would be a good idea, sir. Okay. Mr Alexander, is that okay with you that we start at 8.45 tomorrow morning then? I--Sorry, Mr Sadler? ..wangawanga ki tr, kei peia tku taima i te mea, kua paku taima ko taku kitenga, kei te ahiahitanga, mehemea, ka peia te w kia tae atu ki taku taima ki te Wenerei, e kore au e taea. My concern with that is my time maybe expended because my time is in the afternoon. If we give up time and if I have to do it on Wednesday I wont be available. I know that counsel are looking at re-jigging the timetable and we look forward to receiving that tomorrow morning, but that will be something youre taking into consideration, Mr Pou? Ng krero ki mai, Mr Sadler, ko tnei te krero ki te kore koe e krero pp kre a taea te krero te Wenerei? Trans If you are not available on Tuesday, youre not available Wednesday?

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Wai 1040, #4.1.2 HS E kore e taea i te mea, hoki atu ana au ki Tamaki [Indistinct 4.43.42], Forbes meeting and examination i te ahiahi, e rerek ana au ki t whi a te Taite. Thats right because I have to go back to Auckland Im off overseas on Thursday. Maybe Mr Sadlers offering to have his evidence adduce now. No, Im not. Oh, just thought Id see if I could coordinate that in, sir, theres the answer. If they stuck to the timetable that was sent down, I just got a timetable yesterday and I didnt see that until today and my time hadnt change. So therefore, youre Honour, I am not prepared my krero and I dont have my papers with me. Kia ora. Kia ora ttou. Te Judgy, can I just suggest, e Hone, I totally agree, Judge, that we start at 8.45 tomorrow morning and we receive Dr Manuka Henare at 8.45, that gives us 15 minutes to receive him and his support group so that we can get started at exactly 9 o'clock. And therefore that should not lead into anyone elses time hopefully. That way we could accommodate Mr Sadler as well. And thats how the timetable is structured at the moment, sir. Kia ora, Pita, hand it over to you and the taumata, hei whakakapi ta ttou r. e, kia ora, e Nuki, ehara i te mea, kei a au ng krero, engari, e mihi tonu ana ki a koe, kite atu ana au, he huhu tito waewae, engari, e t te krero, ko te kai a te rangatira, he krero, i te krero tonu koe, mihi ana ki a koe. Nuki, I congratulate you, Id like to thank you, I saw that you were they say that the food of chiefs is this course as you show it today. E ttou m, there are a few announcements to make before we break, just a big thank you to our hap tautoko and other volunteers who have been helping in the kitchen. If you dont realise, we had asked at previous hui that the hap contribute to particular days and well just like to thank Hokianga for their help in the kitchen today. Just to remind other hap, that Mahurangi hap have volunteered to do tomorrow and on Wednesday Ngti Rehia, Whangaroa, Waimate Taiamai have volunteered for Wednesday, so Ill keep you informed as we progress through the week. People staying in the wharenui please make sure you do let the people in the admin tent know that you are staying overnight just so we know

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Wai 1040, #4.1.2 whos in there and we can keep the place secure and keep all of your gear secure as well. And if the organising group the working party and I can stay back after, we just need to have a tidy up in here, make sure its ready for tomorrow. 5 The only other thing, we have had some of our tamariki from Te Kura Kaupapa Mori o Te Ranginiwaniwa here with us today and its great to see our tamariki with us. Judge, if its okay with you and the taumata I would really like them to do an item for us, n reira, Hilda mauria mai ng tamariki i mua i te karakia, heoi an, kia haka ngahaungia ttou, kia ora ttou. Trans WAIATA ?? 15 Ko Ngti Kuri, Te Aupouri kia kotahi mai ttou katoa, Te Rarawa, Ngai Takoto, Ngti Kahu kia kaha mai r, awhinatia mai e ttou, mauri o nuri whenua ki a piki ai ng tonga nei o ng tpuna. Mau to ringa ki a harirutia to ringa i awhi tono i awhi, taku tinana, aue, aue te aroha ki a rtou ma, aue, aue, te aroha, nau whakaroto nei. Hikitia e ng iwi, ki a Rewa ki runga ng tonga ng matua kua ngaro i te po, aue, aue te aroha, ki a rtou ma, aue, aue, te aroha n whakaroto nei. Trans May all the tribes come together so that we may receive the treasures of the ancestors and extend your hand forth to shake my hand and to embrace me. Oh, the love wells up within for those people and it pains to the core. 25 WAIATA ?? 30 Kia krero te reo, he itiiti ake to Rangaunu, he au tna e tere ake nei, te kitekite au o, te reo Mori, ahakoa he iti noa, he pounamu e, i tupu ake ahau, i tnei reo, te o taenga, he reo mana, he reo tuku iho, tpuna e, he reo rangatira e, te reo motuhake, ma ng Mori, te tino rangatiratanga, e akiaki ana, kia krero te reo. He iti whioke, n Rangaunu, he au tna, e tere ake nei, ko Te Ranginiwaniwa e t ake nei, whaia te tino rangatiratanga, whaia te tino rangatiratanga, hui e, taiki e. Trans Speak the language: A small shark from Ranga-unu that swims swiftly, such is the Mori language. Although it is small it is a treasure. I grew up immersed in this language, the language used at home and the language of influence, a language handed down, a noble language, a singular Oh people raise it high to the heavens, treasures of the elders who are no longer with us. Alas the love wells up for them, much love. Before the prayer well have a number from TKKMOTR.

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Wai 1040, #4.1.2 language unique to the Mori and expression of tinorangatiratanga and exhorts us to speak the language. A small shark from Ranga-unu that swims swiftly, since Te Ranginiwaniwa who stands forth, pursue your own leadership, pursue your own identity. HAKA ?? Ko tnei timu, e taipari, e te Kaurata o te Kwana ko wai koe, ko wai koe, hei aha tau, takatakahia te tapu o te takutai, o te oranga, o Tangaroa e, i ng ana koia r, i ng ana koia r hi. He aha e taitimu, e taipari, e te Kaurata, o Te Kwana, ko wai koe, ko wai koe, hei aha tau, takatakahia te tapu, o te takutai, o te rranga, o te manawa e, i ng ana koia r, i ng ana koia r hi. Trans 15 ?? The tide ebbs and the tide who are you Crown? Trample on the sanctity of the foreshore and the mana of Tangaroa. The tide is high, the tide is low, who are you Crown? You persist in trampling on the sanctity of the foreshore and Tangaroa. , tn r ttou katoa e tonu nei ttou ki te waka i tnei r, koia i roto i ng krero katoa i puta ai, i rewa ta te kai-krero, ko te mihi tonu ki a koutou, ka mihi atu ki a koe Nuki, whakatakoto ai te kaupapa o tnei r, e p ana te whanga ki a koe, me mihi tonu ki a koe, e mhio ake ana ng taimahatanga kei runga i a koe i tnei r, i ng r haere mai, kua okioki t tinana, n reira ng mihi ki a koe. E huri ake taku mihi, i taku krero ki Te Roopu o Te Taraipiunara, e noho nei mtou e koutou ma, ki taku whakam i a mua e noho nei, ko mua e t ana ki a koutou, tnei mea me whakatika e koutou app, e kore ana au e noho, tnei noho mn pr ng huatanga o ng mahi. Me whakatikatika ai mtou tnei, kaua e [Indistinct 4.54.35] kia noho mtou, ka noho mtou t arahi i a koutou [Ph 4.54.35]. H tn, tino mhio ana ttou katoa, h tnei mahi i a ttou, n reira e hiahia au kia puta tnei krero ki au, ki a koutou i tnei r. E mhio ake ana ki a ttou ma, he roa o ttou e noho ana i roto i o ttou nohonga i nei r, pau noa tnei wiki, n reira, whakatikatika ana nei mea Pita, app, kia pai ai t ttou noho i waenganui i a ttou, kite atu, kanohi ki te kanohi ki a ttou katoa, n reira, tnei te mihi ki a ttou, ki a koutou e te Taraipiunara, e noho mai i Te Karauna, kia noho mai nei i tnei r. Me puta taku ptai ki a koutou e Te Taraipiunara, i a koutou te Roopu nei, pnei taku ptai ki a koutou, i te tmatanga o ttou hui i te r tuatahi, noho tahi ai ttou ki runga o tnei marae, ka puta ng krero i a koe Rangi, honoa ta koutou haere ki konei, ki te whakarongo i ng krero a ng whnau o roto o Ngpuhi, haere ake au, kua wtea tr krero, kua koutou tn krero, ma Te Karauna e ng ptai. I tnei r, kua rongo ake au kua patapata ai o ttou kai-krero e Te Taraipiunara, hoki ana

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Wai 1040, #4.1.2 aku whakaaro ki te Government, whakatakoto ai rtou i te wiki tuatahi, honoa ta rtou, haere mai koe ki te whakarongo o koutou krero, tukuna ng ptai ma Te Karauna e ptai. 5 N reira, ahakoa r i puta nei krero ki a koutou e Te Taraipiunara, ko te mea k, e pono ana ahau ki ahau an, taku ptai e ptai tika, n reira ka w tnei krero ma koutou e whakatikatika mai, mn h ana taku krero app, ma koutou e whakatikatika mai aku krero me h ana. Heoi ki a ttou ma, ka mihi r ki a ttou, ka mihi tonu ki a ttou e mhio ake ana, pau te wiki a ttou e noho tahi ana i konei i raro i ng whakaaro, ki ng mahi e mahi nei i a ttou, n reira ka mihi tonu ki a ttou, kia mai ttou katou i roto i ng whakaaro kotahi, te paunga o tnei wiki, ko ng tika pea te haere o ttou mahi, i tnei w ng wiriwiri tonu ana te haere, koir te tkanga i a mtou i a ttou katoa r, n reira, ko tnei te mihi ki a koutou i tnei w, ko te mea, kua tutuki te kaupapa o tnei r, Erima e tukuna atu te whanga ki a koe, e kati mai ta ttou hui i tnei r, kia ora Erima. Trans Greetings again as we persevere with our day. Thank you, Nuki, for your comprehensive evidence; we know the burdens are upon your shoulders, you can now rest. 20 Turning now to the members of the Waitangi Tribunal, we have been sitting here and listening and with embarrassment that our backs are faced to you, we will correct this tomorrow. We are uncomfortable with our backs to you; we do not want to have our backs towards you, thats wrong to us, so this is not right to us. So tomorrow I wanted to express this so that we could have amendments tomorrow. Its been a long day ladies and gentlemen and it will be a long week, so we must sort out these minor things so that we sit here comfortably, its settled, we can see each other eye to eye, so thank you members of the Tribunal. 30 I ask the members of the Tribunal, my question: At the beginning of our hui, in Day 1, we stayed on our marae and you said, Rangi, that you are here to listen, you are here to listen to the evidence of the families of Ngpuhi. To me, you have been consistent with that, that the Crown will ask the questions. Today, I heard the Tribunal members asking questions of our witness and I return to the krero on Week 1 that they were here to listen and only the Crown will ask the questions. And so I cleave unto my question, I think its a good question for you to deliberate, if Im wrong you will correct me tomorrow. So greetings and congratulations ladies and gentlemen because were going to be here for the whole week, doing our work, so I commend everyone that we work in unity, so by the end of the week we will be running smoothly. At the moment were still a bit jittery, our cars not quite

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Wai 1040, #4.1.2 running smoothly, so because we have completed our work for the day, e Rima, we handover to you to close our hui today, kia ora, Rima. RE 5 Trans Mena kei konei taku Phopa, kei konei koe Pita, kua hoki, a kua wtea r. Te matua e Nuki tn koe, mihi tautoko ana ng mihi ki a koe e te matua, tn koe, tn koe, tn koe, ana, kia kapi ake ta ttou hui m tnei r, he hmene pea ma ttou e ttou whine. If my Bishop is here are you here, Pito aah, okay, Im able to do my thing. Thank you, Nuki, I support the commendations to you for your efforts today. Let us close our hui for the day, our hymn ladies. HMENE ?? Whakaria mai

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KARAKIA ?? 15 Kia noi tahi ttou, kia hari te hamama, kia Ihowa o ng whenua, to mahi atu ki a Ihowa i runga i te p wai atu haere ki tna aroaro, ki a mtou ki a Ihowa, ko wai te Atua nn ttou i hanga ehara hoki o ttou ko tana iwi ttou ko ana hipi he parai. Tomo ki na tatau i runga i te whakawhetai na marae i runga i te whakamoemiti, whakawhetai atu ki a ia, kia whakapaingia tna ingoa, he pai hoki a Ihowa, pmau tonu tna mahi tohu a kei tn whakatupuranga, kei tn whakatupuranga tna pono, kia whakakororiatia te Matua, Te Tama, me Te Wairua tapu, te ritenga i a ia i te tmatanga a tnei an inianei, a ka mau tonu Ihowa, ake, ake, ake, Amine. Kia ora mai ttou. 25 Trans Make your cross to shine down upon us and illuminate the darkness and I will be there gazing upon the site, and life as in death I will abide in thee. Make your cross to shine down upon me, let it illuminate and brighten the night. I will be there gazing upon the site. In life as in death I will abide in thee. Let us pray together. The Lord created us, we are his people, he is our shepherd and call upon his doors and give praise to him and praise his name, Jehovah is true to us through the generations, praise to the Father, the Son and the Holy Spirit as it was in the beginning so shall it be in the end, forever and ever, mine. Evening Adjournment

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WEEK 2 DAY 1 SESSION 4 [5.00 PM] FINISHES WEEK 2 DAY 2 SESSION 1 STARTS
Hearing Resumes NG MTEATEA 5 ?? Ma te marie, ma te matua, tama, wairua tapu hoki, me ng anahere pono. Ttou katoa e tiaki, ma te Mangai pono hoki ttou katoa e arahi ki te pono ki te tika. Ki te torona o Ihowa, e. Through the grace of God, come upon us, Father, Son and The Holy Spirit unto the true angels. They come amongst us and care for us.

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Jehovah, the Maroons Father, Son and The Holy Spirit, the true angels, Te Mangai, infuse us with your love and bind us in peace for all time and may you, Te Mangai, support now and forever. E Ihowa ng mano e te Matua, Tama, Wairua Tapu, me ng Anahera Pono me te Mangai, whakangia mai ra ki runga ki a mtou katoa, tu aroha noa paiheretia an hoki ki te rangimarie m ng w katoa mu tonu r e te Mangai hei tautoko mai aia nei ake nei e. Kia ora ttou. A tn an r ttou katoa i tnei ra kua huihui mai nei, hoki tr ng tima [Indistinct 8.59.12] ko te mea tuatahi an ko te wehi tonu ki a Ihowa koinei ki mua ki muri i a ttou i ng w katoa. Tuarua kua mihia te kaihautu o tnei ra whakatwheratia ai tnei ra hou, i roto i te inoi ki te kaihanga ka whakapainga ai tna ingoa me tnei huihuinga i tnei ra, n reira tn ra koe e te matua. Ka huri t ake ki a ttou kua huihui mai nei i tnei ra te mea tuatoru mihi ake tnei o ttou whnaunga i arahina mai nei tnei ra, kia noho tahi ki mua i a ttou, koia ng whakawhitiwhitinga krero ka mhio ai ttou kei a ia e t ana i tnei ra, n reira ka mihi ki a ia me te roopu i hkoi mai nei rtou i tnei ra, n reira ka mihi tonu ki runga i a rtou. E huri t ake ng mihi ki a kutou Te Taraipiunara ki a kutou e Te Karauna, e noho mai nei i tnei ra i waenganui i a mtou, whakamahana nei t ttou whare a koe i roto ng piki me ng heke i rongo ng krero o roto Ngpuhi pnuingia atu nei ki a kutou ko Mataurere e titiro ki a mtou an. Kei hea ra te huarahi tika m mtou an ra kei te haere mai, n reira ko tnei ko te mihi ki a kutou e noho mai nei ki waenganui i a mtou. E ttou m e mhio k ana ttou te kaupapa kei mua i a ttou, n reira kore kmea ki te huatanga o ng mihi ki a ttou an te whakatau i a ttou kia noho tahi ttou i roto te whakaaro kua takoto m tnei ra huri noa, kia ora an ttou katoa.

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Greetings everyone, and of course, the first thing before us, is offering thanks to the Lord and thanks our karakia and may we praise his

Wai 1040, #4.1.2 name. Thank you, Eru, for the prayer. Turning now to us, greetings to firstly to our kin who was escorted here and in time we will find the depth of his evidence, so welcome to him and his escorting party and greetings to the Waitangi Tribunal and the Crown team who are here amongst us warming our house and the experiences of Ngpuhi that will be delivered up and this is the time where we ask the question, what is the path for us to go forward? So welcome and it is good to see you. We know the matter that brings us here, so I will not tarry but settle all of us here that we are here on the one fort, thank you. ?? piti hono tatai hono, koutou e te hunga wairua ki koutou e moe koutou e moe ra koutou piti hono ttai hono ko ttou ng kanohi ora e hui nei i tnei ra huri noa i t ttou papa tn ra koutou kia ora an ttou katoa. Kia hiwa ra i tnei tuku, kia hiwa ra i tr tuku, kei a parua koe te toto whakapuru tonu, whakapuru tonu, whakapuru tonu ng tai ki Harihari ka tangi tkapa te tai ki Mokau, khoroko ko au e kimi ana e hahau ana i ng piringa i ng rae ra piringa h koakoa. Ko, ko ka awatea tn ra ttou. Huri an ra ki a kutou e ng whnaunga e tiaki nei waenganui t ttou nei rohe, m te whenua rangatira puta atu ra ki te takutai moana o te tai hoenga wahine. Ng kaipupuri i te mana i here ai ttou ki Ingarangi, ki a Hongi Hika rtou hoki a Kaingaroa tae atu ra ki Te Ara, tae atu ki ng tini o rtou i tat mai ki konei ki te krero i Te Trit e here nei i a ttou. E mihi an ra ki a kutou, e rima ng tau i mahi taihia a John kia tat pnei ai kia t ai ki mua ki Te Roopu Whakamana i te Trit. N ko kutou i hahau tonu i ng mahi, i mahi tonu kia tika ai, kia t ai tnei o ttou rangatira, e whakapuwai i te krero ki mua i a rtou, kia mhio haere ana ttou ki reira, n reira whakatau mai, whakatau mai, whakatau mai. Kore e krero kei t atu o tn te mea kei te mhio hoki kei runga i a kutou nei tuara o ttou mtua o ttou ngpuhi o ttou rangatira kua riro tr ki te p. E pkaua mai nei ki waenganui i a ttou hei tautoko i o ttou nei krero i o ttou whakaaro e tukuna ana ra kia mhio ai rtou anei ttou. Ko tnei te herenga e t ana au i runga i te whakaiti nei o rtou o Ngti Rhiri o Ngti Kawa e k nei kia hono atu a Ngpuhi kia hono atu a Hokianga, kia hono atu a Te Mahurehure a Te Kapotai hei whakatau i a ttou katoa, n i runga i tnei huri noa, huri noa tn ra ttou katoa. Trans May the people of the spiritual realm rest in peace and we, the living, gathered here. Introductory chant, on the speaker; Greetings to the kin, who are caring for this noble land unto the foreshore and seas. To those who hold onto the mana that binds us to England and Hone Heke and the others, Kaingaroa and Te Ara and the many, many who gathered here to talk of the treaty that binds us, a warm welcome. John, we worked five years together, that we would come to this time of offering our words to The Treaty. To those who worked hard in support of our rangatira, that his words may be appropriate in this forum. I have not much more to say because I know that you have with you our ancestors, our leaders, our chiefs who have passed on and you have borne them here to support the evidence and our thoughts that will be proffered to

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Wai 1040, #4.1.2 the members to say here we are and here and the binds. I stand here in humility on behalf of Ngti Rahiri so that Ngpuhi, Hokianga, Te Mahurehure, Te Kapotai may come together. NG MTEATEA 5 ?? E kuaka maranga ra ka kotahi te manu i rere tau atu ki te kahu n tau atu, tau atu e. me titiro atu ra ki tenei me te atua e. whakamrama i nei nau,he tangata k koutou he tanagata k mtou, i roto i tnei whare ttou ttou e. One godwit flies. One bird settles onto the river bank and all birds settle there. We look upon the Lord to give us enlightenment this day. piti hono ttai hono, waiho ra rtou ki a rtou ko ttou nei e pupuri nei te kaupapa koutou hoki o ng kaitiaki o te Triti huri noa ttou katoa, tn kutou, tn kutou, tn ttou katoa. Kua tukuna atu ki a koutou inianei Te rp Whakamana i te Triti. 15 Trans To we, holding on to the legacy and to you, the guardians of the treaty and everyone. We now hand over to you, Judge, and the Waitangi Tribunal. tn koe, , tn ttou, me hngai ki te kaupapa o te rangi nei, ar te whakarongo ki ng krero, n reira kei a koe te w e Dr Manuka Henare Thank you very much, greetings. We go straight to the matters at hand, listening to the evidence So we hand over to you, Dr Manuka Henare. tn ra koutou katoa ng mema o Te Rp Whakamana i te Triti Greetings to the members of the Waitangi Tribunal. Counsels name is Ms Tania Tetitaha. I am a substitute, if you like, for our former leading counsel, but today is primarily an opportunity for our clients, who are the Waimate/Taiamai alliance, to share their views and their evidence in respect of the grievances in the claims before you today. I should start first of all by apologising to the Tribunal for our non appearance yesterday. It was an unexpected opportunity to start earlier and it was meant no disrespect certainly to the Tribunal in our non appearance yesterday. In any event, today Waimate/Taiamai shall be presenting two witnesses, one of which is Dr Manuka Henare. Dr Henares evidence is of a generic nature and is an expert, particularly in the areas of He Whakaputanga. There is some housekeeping issues to deal with Dr Henares brief, which I will deal with just prior to him starting his evidence. But primarily his evidence shall cover a number of significant events that have led up to He Whakaputanga and the signing of Te Tiriti.

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Wai 1040, #4.1.2 Effectively Dr Henares evidence concludes that Mori, and in particular Ngpuhi, would not have ceded sovereignty forever and in perpetuity and particularly when those Ngpuhi rangatira signed Te Triti. 5 The second witness who shall be giving evidence for Waimate Taiamai is Te Waiohau Te Haara. That particular evidence deals with one Waimate Taiamai tpuna, Haara, and he shall be giving some background into that view, or certainly the whnaus view around the signing of Te Triti by Haara. Just prior to Dr Henare starting his evidence, I am just going to ask the Tribunal whether they require us to qualify Dr Henare? JC TT No, we dont. Thank you. That indication, there is only one housekeeping well, two housekeeping matters; one relating to the brief itself which has been filed. There is going to be an amendment to paragraph 10(b). There is reference to a document there being filed. Unfortunately, it has not reached the record as yet. That is to be deleted. With the Tribunals leave, I will call our first witness. I just have a couple of small short questions. Could you state for the record your full name? 20 MH TT MH TT 25 MH Trans TT 30 MH TT MH Manuka Arnold Henare. Do you prefer to be called Dr Henare? No. Manuka will do. Manuka will do. Manuka, you hold several qualifications, one a Bachelor of Arts and Anthropology in Mori, a Bachelor of Arts with Honours degree in Mori Studies and a Doctorate in Mori Studies. Is that correct? e. Yes. Where are you currently employed? At the University of Auckland Business School. What is your role there? I am a senior lecturer in Mori Business and I teach Mori Business Economics and History in those areas. I am also Associate Dean for the faculty and serve on a small executive of eight people and we have a task of running the Business School, which is 7,500 students, 400 staff and that takes up half of my time.

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Wai 1040, #4.1.2 TT Now, you have heard the amendment that has been made to one of the documents you have filed, that is the deletion of paragraph 10(b) of your brief? That is there. Yes, the He Whenua Rangatira, the tribal landscape. That is right. With the addition of that amendment, that is still the brief and the evidence you wish to put before the Tribunal today? Yes. You have also filed a copy of your doctoral thesis, is that correct? That has been tabled, yes, filed. That is the changing images of 19th Century Mori society from tribes to nation? e. Yes. Dated August 2003. e. And you have seen that document A016, which is on the Tribunals file or record? e. And you confirm that is still the evidence you wish to put before the Tribunal today? e. Yes. Dr Henare, I have one question before I allow you to give your evidence in more full form. In undertaking the research you did for your doctoral thesis, can you explain to the Tribunal the methodology you used? Te mea tuatahi tnei te mihi ki a koutou ki te tpu e noho ana, tnei te mihi ki a koutou i tnei ata, e te taumata tapu tnei te mihi ki a koutou, tn koutou m t whakaaro pai ki a mtou kua tat mai i tnei whare wnanga tnei te mihi ki a koutou. Te Rp whina tnei te mihi ki a koutou e kara m, e kui m. First, greetings to the members of the Waitangi Tribunal this morning, to the taumata tapu, warmest greetings and your consideration to our party that has come in this morning and to my support group, thank you for your support.

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Wai 1040, #4.1.2 MH What I would like to just mention, that my original doctoral thesis was going to be on the attack of the British soldiers on the Rangiawhia area and the killing of the Mori Christians and the Anglican and Catholic Church. That was to be my original PhD thesis. It got changed in 1988 when I was working as part of the research team for the Royal Commission on social policy and we had come to Tai Tokerau to hear an oral presentation by the late T Hemi Henare. At the end of that krero at Otiria Marae, I happened to mention to T Hemi that I thought it would be a good idea if he would write down all his knowledge about He Whakaputanga o Te Rangatira N Treni, because he was the acknowledged oral historian on the matter and, like many others in the room, I have been privileged to hear him present, actually in this wharenui just behind us He paused and he said he had a better idea and that is he said the day will come when He Whakaputanga will be under immense scrutiny and he said my suggestion is you go and do a PhD and do all the necessary scholarly work associated with He Whakaputanga. So that was the basis upon which I started. I changed both my Masters actually and the PhD. The approach taken is that I would see myself and I define myself as an oral historian and a historian of Mori and Polynesian and Austronesian ideas. That is to say my training at Victoria University has been around how to track an idea over time and over time means say over 1,000 year period if necessary, how do you trace that? That has actually been my training both as an anthropologist but also as a historian. The archival work, which is a necessary part of the task, really was a second set of tools for such historical interpretation and analysis. So some of my other historian colleagues have from time to time had difficulty in trying to locate me as a historian, oral or standard New Zealand historiography and so on and so forth. But I am just saying to members of the Tribunal and to the hui that I see myself primarily as one focused on the power of oral tradition and also the necessary archival work that goes with that. So I am sorry it has taken so long to explain all that, but it does give a context because in the presentation this morning we will be going through a complex period of New Zealands early, early history, in particular Mori history, and we will be tracing ideas going backwards and forwards over a period of tremendous ferment and a tumultuous period in Mori histories. TT 40 MH Thank you Dr Henare. I just want to bring you back to the issue of methodology. Could you explain what sources you looked at in preparing your thesis and your brief? Okay. The primary source for any Mori, for that matter any indigenous historian, is the language of the people being studied. So my primary focus on historical understanding is in the area of te reo Mori and I had many times for years heard the krero associated with He Whakaputanga and Te Triti from around this area. On the archival task, that was extremely difficult. In fact, one of my supervisors had said he did

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Wai 1040, #4.1.2 not think there was sufficient archival evidence to sustain a PhD. He doubted very much whether there was much pre-1840. To a certain extent, he was correct. 5 However, like all things in New Zealand, every year there seems some new revelation, we keep finding more about ourselves as we unpackaged archival data and catalogue it properly and so on and so forth. But I did help with others at Turnbull Library and archives identify early Mori writings from 1825 through to the 1840s, and that became a basis upon which I was able to then look at a text such as the letter of 1831, He Whakaputanga o Te Rangatiratanga N Treni and the text of Te Triti o Waitangi, and I will be referring to those a bit later on in the presentation. TT MH 15 I will just ask Dr Henare to begin his evidence and perhaps start his presentation. Thank you. Members of the Tribunal, I have prepared some PowerPoints and I hope you have a copy of the first one. What I propose to do is just quickly go through a summary of the evidence and then after that I do not intend to speak to every paragraph, otherwise we will be here until far too long. But certainly if I may just quickly go through my summary of evidence and just get that off my chest, if you like. Can I just say before doing that, the sentiments of the waiata of the Taumata, of course, is dear to my heart. It is a waiata from one of the iwi I am connected to, Te Aupuri and Ngti Kuri. There is a sentiment in the very last verse of that which talks about he tangata kia and so and so forth. In the wairua of the day, can I just say that some harsh things may be said in my interpretation of the history. But in the wairua of the day, while we are all different people, there are people representing the Crown, there are people representing claimants, there are people such as yourselves on the Tribunal who are trying to step back and listen carefully to what is going down. But in the spirit of the day, we are indeed one people and that is the wairua that drives what I wish to say. The brief disputes the idea that Mori, and particularly Ngpuhi, ceded sovereignty forever and in perpetuity, when Ngpuhi rangatira signed Te Triti o Waitangi in 1840. It constructs what I have called a mana Mori history, and if I can just digress briefly, the distinction I have made in the thesis between hap oral histories and hap histories, as some historians refer to those as closed histories, meaning they are histories that not really open for scrutiny and critique by outsiders. They are histories for the inside group, for themselves and for their own intellectual and purposes. I deliberately moved out of that. See, if I stuck to hap then I can tell you briefly this. The centre of the universe is the Hokianga because Ngti Haua of Hokianga says so, and that is not up for dispute. Then I can tell you all the wondrous things we did to create the world, make Aotearoa what it is, because we say so, and anybody who comes to Whangapia knows this. But just to make a light point.

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Wai 1040, #4.1.2 But on the mana Mori history, that is a history of Mori people and that is the stance I took as the historian. But I have had to draw on hap histories in order to draw some themes, some concepts and ideas that could constitute a Mori history. I also say in the thesis that Mori history is not the sum total of a whole lot of hap histories. It is a history, a genre in its own right and there are other prominent Mori who have contributed in this area what I would call mana Mori history. So that is the context of the history. So I have constructed a mana Mori history by studying a number of significant events leading up to the establishment of te whakaminenga o ng hap, then declaring themselves and peoples independent in 1835 to 1839 with he Whakaputanga and later the signing of Te Tiriti o Waitangi. It also sets out the proposition that Mori had clear expectations of what they were agreeing to when the rangatira signed to Te Tiriti o Waitangi, and those expectations were that the mana of rangatira and their hap would be preserved and maintained and enhanced by the relationship with the British. The expectations were rooted in the Mori view of the world derived from generation upon generation of life experience. On paragraph 16 I have listed the events. The first one would be a Mori understanding of the world, which we will look at Mori philosophy and metaphysics in a moment. But the six major events, early Mori contact with Pkeh, Hone Heke and Waikatos visit to Britain in 1820, the letter by the rangatira to King George the fourth in 1831 to King William, sorry, that should be that is a correction there, to King William. The selection by Mori of Te Kara, the original flag of convenience and independence, the signing and the declaration of He Whakaputanga and Te Triti o Waitangi. I take the view that the very nature of mana and the nature of the rangatira was such that they would not agree en masse to give away all their chiefly powers and authority. In essence, their mana rangatira to the Queen of England. Rather, I take the view that Mori had clear expectations that Mori institutions of government would be preserved and the institutions of western government that Mori had been briefly introduced to would be modified to suit Mori needs and would in turn accommodate and support Mori sole governance. Ngpuhi rangatira had expectations that they would continue to lead to economic and social development in Aotearoa or Niu Treni, and where appropriate, internationally. I take the view that the Mori rangatira were agents of change and they adapted as new technologies, methods of commerce and governance presented themselves. Throughout all of these adaptations, however, the role of the rangatira, the hap and the whnau that underlay the hap, were still in the forefront of the minds of Ngpuhi rangatira. I describe the move by Mori towards nationhood as a conversation that began with another nation, the United Kingdom. That conversation commenced when important rangatira, such as Hone Heke and Waikato travelled to Britain and met with King George the fourth, witnessed aspects of the industrial revolution and visited the House of Lords. These

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Wai 1040, #4.1.2 important Ngpuhi rangatira gathered some first hand personal experience of the workings of British society and the role of the British rangatira, King George the fourth. Hone Heke, in particular, saw himself as being of equal status with King George. These experiences were told and retold to Ngpuhi rangatira New Zealand for Niu Tereni and moved towards Mori nationhood gathered momentum. Not with standing the passing of Hone Heke, the conversation continued through the 1820s into the 1830s when 31 rangatira wrote to King Georges son, King William the fourth, from Kororipo P in Kerikeri in 1831. The conversation continued with a selection of Te Kara in1834 and the signing of he whakaputanga o te rangatiratanga N Treni in 1835 to 1839. Further layers were added to the conversation when Te Tiriti o Waitangi was signed in 1840. I dispute that the text of Te Triti o Waitangi signed by Ngpuhi rangatira can be read as giving away mana or ceding sovereignty to Queen Victoria or to any other person or institutions as the case may be. I have found no Mori evidence, no Mori evidence to support the view that sovereignty was ceded by Ngpuhi rangatira to any third party, including Queen Victoria. Rather, the evidence suggests that there was 20 years of Mori, particularly Ngpuhi efforts to move towards nationhood that culminated in the signing of Te Tiriti o Waitangi. I have found no evidence to suggest that the 20 years of effort towards nationhood was abandoned by Ngpuhi rangatira in favour of ceding their mana or sovereignty to Queen Victoria or any other institution. This brief of evidence lays out the Mori side of the conversation and poses the proposition that the conversation between Mori and now the Crown must continue. Mori fears that for years their voice has not been part of the conversation. The nationhood that Mori spoke about and dreamed about when the conversation began has been drowned out by the booming voice of the other party to the discussion. However, despite the booming voice, Mori have to this day waited patiently for their turn to speak and for the conversation to continue. The dreams of nationhood have not been extinguished and the need to add further layers to the conversation is as great in 2010 that it has ever been at any point in the past. It is the hope of Mori that the conversation that began in the early 19th century will begin again with these hearings. However, in order to grasp an understanding of what Mori had been saying to the Crown, it is necessary to understand the psyche of Ngpuhi rangatira. I have presented the following portion of this brief to the Tribunal in respect of the claims by Mori in relation to the foreshore and seabed and apologise to the Tribunal if it is repetitive. It does, however, set an important context for the remainder of the evidence that I present. Finally, based on the historical evidence, I pose this fundamental economic question for the Tribunals consideration. How did Te Taitokerau economy of the early 19th Century change from being the bread basket of the then N Treni economy to being the basket case of

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Wai 1040, #4.1.2 the New Zealand economy in 2010? I trust this brief will build on the evidence heard by the Tribunal in the second week of the hearings. Now if it pleases the Tribunal, I would like to just switch to the Powerpoint and then speed up somewhat. Tribunal members, I have just put there again the seven issues that the chairman had raised with us before and, while I am not have you got it on the screen yet? While the technician is working on it, members, I am not specifically addressing each one of those, but rather addressing the whole lot of them in a collective sense. If it does not make sense, I am sure you will make it clear to me. So I wont read out the seven because it is a given. So just to reiterate what I have already said, I want to introduce the kaupapa and approach taken for my thesis, and that is to find evidence that Ngpuhi and Mori intentionally and purposely ceded sovereignty and perpetuity to the British Queen and Crown or find evidence that Ngpuhi and Mori purposely sought a relationship of peace and prosperity with the English Queen as protector and mentor until Mori had appropriate legal, political and economic institutions. Those were the two research questions for both Masters and PhD. These two presentations will cover in two parts the Ngpuhi Mori world view and metaphysics pre-1840. This was to explore the moral basis of the rangatira in their time of either maintaining their mana Mori and freedom or making the moral decision to cede sovereignty. In terms of philosophy, to cede ones sovereignty to another in perpetuity is a profound moral choice and it is the thrust of this part of the presentation, the moral basis of ceding sovereignty. If they did not do it, then what is it they had in mind, which is the other moral choice. So I am not discussing, members of the Tribunal, the politics of it as the psyche, the mindset to make this profound moral decision to cede session of themselves and their people in perpetuity. The second presentation will be about he Whakaputanga me Te Tiriti o Waitangi 1820 and 1840, the goal of nation building and independence, mana Mori, te mana Mori Motuhake. You will see, Tribunal members, the various paragraphs we will be covering. 35 So if we go then into the first. The sources of traditional knowledge of philosophy, metaphysics and ethics and world view. There are, in my mind, two primary sources of traditional knowledge. First is the Ngpuhi Mori kawa, tkanga and ritenga approach and allowing for dialectical differences over the use of terms such as kawa, tkanga and ritenga, I have for the purposes of analysis taken this as a mode of thinking and analysing. In the north the tendency is to see kawa as a very, very high level and in the northern practices and traditions we tend to put a lot of emphasis on tkanga and then ritenga, which is not to say there is not a kawa basis to all of our thinking, people like Mori Marsden have written extensively on this and others. So that kawa, tkanga and ritenga basis for understanding moral choices, whether they be political or economic or

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Wai 1040, #4.1.2 social. The sources of moral criteria for economic and spiritual, environmental and all the other sort of wellbeings are mentioned there. Now, if I can just elaborate a little bit more on this kawa, tkanga, ritenga. Now, these terms, two of them emerge in the declaration and also in Te Tiriti. This is the importance of it. So if we consider kawa atua knowledge, we know that this is the knowledge that is derived directly from the atua. Therefore, to a certain extent this knowledge is about faith. It is not disputable knowledge. So kawa marae, kawa pwhiri, kawa whare, kawa waka, all those various types of kawa are moral imperatives given to humans by the atua world, from the atua world. Tkanga tangata knowledge in my mind derives kawa atua, of course, but it is the knowledge that is constructed by humans who are attempting to adhere to kawa. This is the link between what humans do and how humans interact, tangata interacts with the atua world and vice versa. 15 Ritenga tangata is about behaviour, and I do not think it was any accident that the ritenga question came up in the so-called fourth clause of Te Tiriti o Waitangi. That was a clause about human behaviour, including the Crowns behaviour to Mori ritenga. But ritenga must also be traced back to a tkanga and back to a kawa proposition. So that is the approach, members of the Tribunal that I have taken to explore this area of moral choice. The sources of philosophy, metaphysics and ethics in the Mori world are, of course, from our belief in a Io Matua Kore, Io Matua, that is we have a philosophy of a supreme being, the source of life itself and of creation. We have also ng mahinga tpuna. What is it that our ancestors have done in life and their experience and passed on to us? We have notions of how we look at the past and expressions such as I ng w o muaand the Tribunal has addressed this question many times so I wont belabour the point. I te kore ki te p ki te ao marama is in my mind one of the most profound philosophical statements that we have. Trans MH From the void to nothing to the world of love. Because it explains so much in such a phrase and one can understand why this phrase is used by all of our orators in marae every day every year. I te kore ki te p when done that In the Ngpuhi Mori cosmological framework, it is also worth remembering that thought precedes the material world and thus that relationships just reinforcing the idea that there is kawa, there is tkanga and there is ritenga and as a historian and an anthropologist, one of the most difficult jobs in looking at interpreting archives oral tradition is to decide is this a ritenga matter, is it a tkanga or is it a kawa matter and how do you trace an idea through time by that, if you like. I think it is a methodological matter. Many speakers have already spoken about the press for Matauranga and in the north we draw on both Tane o Tawhaki narratives and the three baskets of knowledge. I wont belabour that, it is just to restate an obvious source.

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Wai 1040, #4.1.2 But what we do get from the three baskets of knowledge, among other things, is the Mori tradition of freedom of choice. We can choose to do good things, we can actually choose to do stupid things, and we have got some evidence of the last few days of people who made some choices, unfortunately. But this idea that we have freedom of choice applies also to the rangatira in the 1820s, 30s and 40s. They had the power to make profound decisions, they had the power and the ability to choose to make silly decisions that a later generation might think is silly. That is their choice. The rangatira were not atua. They were fallible, but they might like to think they are infallible. That depends on the tpuna you are looking at, because in the Hokianga we dont think like that, no. So there is some thoughts there about knowledge from the baskets, the taonga, the potentiality therefore if the knowledge is tapu, it has mana and so on and so forth. But our tasks as humans is to constantly replenish the baskets by creating new Matauranga, new knowledge. This period of 1820 to 1840 is an incredible period of the replenishment, the replenishing of the three baskets of knowledge and reference has already been made by the hundreds of Mori going offshore on whaling boats, trading boats exploring the world and bringing all that new knowledge back into their whnau, hap and into Mori society. If we then try to give definition to Ngpuhi and Mori metaphysics and understanding of modernity, we know that consistent with metaphysics of many other cultures worldwide, metaphysics is an open system of enquiry and Mori metaphysics is no different. We are not, never have been, a closed society. Historically our evidence is we adapt and change at a phenomenal pace of adaptation and change. We created evidence; we created new learning institutions from the traditional tribal Whare Wnanga of the 1820s. Remember, the first primary school was established here in Tai Tokerau in 1820, run by the Taiwhana family. So that ability to see new things to be taught and learnt is locked into the history of this area. The social innovation of literacy was introduced by many of the rangatira here who chose that our people would learn to work in English and in Mori. The dynamic internal and external economic changes are also much evidenced. So what do we make then of the Ngpuhi or the Mori world view? It is Io matua kore, it is a cosmic view. It is certainly a metaphysical view because Mori metaphysics and Ngpuhi metaphysics is capable of explaining reality as Ngpuhi see it and understand it, whether it be economic reality, political reality, environmental reality, spiritual reality, all the different layers of reality can be explained and understood. It is essentially a non materialistic view. More emphasis appears to be placed on the wairua side of life, whether it is in economics, politics, kinship systems, environmentalism and so on and so forth, and then the material dimensions of that view follow. It has in it this dynamic view of tradition and change in such expressions as te ao hurihuri. The significant thing about hurihuri, of course, is to turn

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Wai 1040, #4.1.2 over something, but not just turn it over for its own sake, but one does hurihuri in order to get something revealed. So te ao hurihuri has suggested a world always being revealed to those who are doing the looking, the searching. The notion of te ao marama is the quest for enlightenment and new knowledge and every day our orators and our songs remind Mori, as they did in the 1820, they do now, that our task is to seek te ao marama, not to sit around in te ao p. Trans MH 10 The world of darkness. Just elaborating a bit, I am trying to construct here this idea that we have our own profound philosophy and metaphysics, but simply put, Mori philosophy is no different to the philosophies of any other culture. It is a constant search, in our case, for tika. What is right. Seek out things that are true, that are correct, that are the right way of doing things. In Mori metaphysics we set out to answer these fundamental questions and this is true of Ngpuhi, what is the nature of our reality? What is the nature of right and wrong? What are the grounds for valid belief? These we can call Mori metaphysics, Mori ethics and Mori epistemology. What we are doing here, members of the Tribunal, is trying to construct a moral basis for the rangatira of the 1820s to 1840 and making the profound economic decisions they made to go from a system economy into a national trading economy, to seek out a congress, to find out what a parliament was all about. These are the kind of elements we are working towards and trying to understand what was in their minds. Murray Marsden has described Mori metaphysics as something to do with the nature of ultimate reality, explained what underlies all things, and there is the various elements he talks about; atua, tangata, whetu, whole cosmic process. He also says, and it is a magnificent statement, metaphysics is the sum total of beliefs out of which develop basic convictions, assumptions by which tangata directs and guides their life. It deals with first principles, dealing with knowing an existence or being. Metaphysics connected with tangatas centre. Now I wont belabour the next point, but this is just to show how when we compare ourselves with other indigenous communities on their understanding of world view, how it is a distinctive view of reality and so on and so forth, and how we interpret reality based on some codes of ethics and morality and all the rest of it. This is some work done by some great anthropologists, how the Pablo people in New Mexico and so on, and the Ortiz family. It is just to compare ourselves with them. So I wont belabour those to the Tribunal. It is there for you to think about. An indigenous view of religion and world view is somewhat different to the religion brought to us by Christian missionaries, particularly Christian missionaries from Europe. Again, I wont belabour it. It is there for a

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Wai 1040, #4.1.2 study. The link between religion and world view and metaphysics is extremely intimate. There is a profound whakapapa there. Now this long winded conversation, members, is to lead us to my construction of a set of rangatira virtues of the 1820s, 1840s. That is my little graphic design of it, but I found that the koru or the takarangi of our artists, our carvers, was a good way of pointing out the way our thinking goes. We think in spiral terms rather than in lineal terms. This magnificent piece of carving of Pare is a good way of showing it. Right at the very centre of the koru is Te Kore and Mauri and all the other Mori values, supreme Mori values, our virtues are on the spiral. In this case, the complexity of the world is seen by the numbers of spirals that the carvers put into each spiral. They can go from single spirals up to six. Each one of the spirals shows the complexity. In fact, it is a good complexity theory if you are into theories. There is the creation world again, and here is what I call he kuranga o ng tkanga, the spiral of Mori ethics as used by the rangatira in the early 19th Century. In fact, through most of the 19th Century the code of ethics applicable to economic, social, political and environmental wellbeing. The Greeks may have seven, but Mori would appear to have about 12 or 13 I think we saw the world in far more greater complexity than the Greeks ever did. So there they are there, and the interesting thing about Mori moral codes is that they apply what applies to the individual applies also to the group. We appear not, in my view, to have two different codes. When I am in a group I behave this way, when I am an individual it is now personal and I have another code of ethics. I would argue that what applies to the individual applies also to the group and vice versa. Maybe this explains why every now and again some of our great leaders have said things such as ko au Ngti Porou, ko au Ngti Whtua. Trans MH I am Ngti Porou, I am Ngti Whtua. I think we have a magnificent way of expressing this, I am who I am but I also am a group and I speak and act as a group in terms of my individuality. So I just offer those. Here is some more of them; tkanga tangata, tkanga whnau, tkanga whnaungatanga, tkanga manaaki, kotahitanga tkanga tiakitanga, and tkanga hahaurongo and so and so forth. Trans MH 40 Unity, care, peace making. So what is the conclusion? A comprehensive metaphysical system does provide us with an understanding of nature, science, society and self and here I am just drawing on some thinking of the great English philosopher, Alfred North-Whitehead. I have just added these after I think yours printed, but the goal of metaphysical system is a description of reality and what is real and not things, but events. Events exhibit a modicum of internal self creative freedom and integrated in these various

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Wai 1040, #4.1.2 phenomena. Now, the point of mentioning this from a philosophical view is one of the great mistakes of New Zealand historiography is their inability to see Mori events as part of a kind of a whakapapa, that one event leads to another to another and to another. 5 New Zealand historiography, in my view, has a tendency to see events as individual, unconnected things. A Mori approach to events, and the six events I am referring to, will see them as a narrative and therefore when we try to understand the mindset of Ngpuhi rangatira, we have to see things over a long period of time and pick the stream of consciousness, the stream of thought and the ideas that are moving around over time, the details are forever moving in flux. So conclusion, I found no evidence of Ngpuhi Mori world view, philosophy, metaphysics, kawa, tkanga, ritenga that cession and perpetuity was normative thinking and behaviour in the early 19th century. There is nothing in Mori thought that leads you to want to give away your mana and perpetuity to anybody. That is not to say people wont try and take it away, but thats another thing, that is not your moral choice. Rather, the nature of tapu mana and the nature of ng rangatira was such that they had no reason to agree en masse to give away all chiefly powers and authority. In essence, their mana rangatira to the Queen of England. I have a fetish for spirals, as you will see, so my apologies. That concludes the first part of the presentation. So what have we tried to do? We have tried to construct the psyche of the rangatira in the period. How did they make a decision? In a matrix of decision making and this is where complexity comes in, if you have a culture that is disposed towards decision making and that is complex, then of course decision making is, by its very nature, slow. There is much to be considered and mulled over. So therefore when we look at the actions of mahe ng tpuna of the period to 1840, one needs to understand what were they thinking in the years before all that? Otherwise how do we explain the 540 rangatira in seven months gave away everything and agreed to be subservient to someone else in perpetuity? We are quick thinkers, but I am not sure we are that fast. There is much to be thought about, and so what is it that they actually agreed to in Te Tiriti o Waitangi? We have to assume that there had been years of debate throughout the country on a whole range of issues about having this relationship with the British Queen and the British people that it was not a whim and a oops six months later. Do you mind if I switch over to the next presentation? Have you been able to get the copy for the next set of ah no they must be coming thats all I can say, ok, its an old mori chant that, it must be coming. The Ngpuhi one Shane Jones said.

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Wai 1040, #4.1.2 Yeah of course we are different in the Hokianga but hey you know, ok. Members of the tribunal I think they might have come now hopefully ok. To summarise, I am just going to go through the six key events and I just ask you to remember the discussion about the events being part of a continuum and being a set of coherent activities and we are trying to make sense of these events, or these phenomena that led Ngpuhi and Mori to build a nation, a new nation and from 1820 to 1840, then we will look at I offer some thoughts on my work on he Whakaputanga o te rangatiratanga and finally how they do we look at Te Triti o Waitangi from this historical prism? So Mori history is about the ancestral activity that is going to inform the present generation of Mori. We can observe that the dynamic times from the 16th to the 19th Centuries, a period of extraordinary intense business activity and we think there of the business of fishing, bird catching, sailing, building homes, those kinds of notions of business. There is a period, a 300 period of profound political change throughout Aotearoa and Te Waipounamu, tremendous social change. My own view is that urbanisation is not a product of colonisation, but rather there was an internal mechanism towards, if you like, what some archaeologists have referred to as a virtual urbanisation, that is to say in Moritanga and in Mori history we see evidence of people forming bigger and bigger communities and thus bringing greater and greater efficiencies into the local economy. That is why you do it. That link between the building of populations and large centres of communities living together and economic growth and wellbeing are two sides of the same coin. There is some evidence, we can look at the evidence and there is also the spiritual and philosophical changes and certainly in my mind the greatest contribution that Christian theology brought to Mori society was not so much the missionaries but the thought that knowledge of Io matua kore, Io matua, was the knowledge that could be made available to all members of Mori society, because it appears that that kind of esoteric knowledge was kind only to a few for a long, long period and that, to me, is one of the great contributions of why many, not all, but many found Christianity an appealing thought, because, if you like, a type of egalitarianism in terms of religious knowledge. I have already touched on the i ng w o mua we wont go into that. But just note these economic and political transformations of Ngpuhi society, new technologies were adopted, adapted over thousands of years from the outrigger canoe, the lapeida pottery of the flora and the fauna. Anthropologists and historians now know in greater detail about the relationship between Mori culture and the Austronesians. I know from an economic point of view, which is an area of great interest, we can trace Mori economic activity directly back into the Austronesians, the way we did business, the way we organised our industries and the various agricultural and fishing sectors, the way we manage the forests can all be traced back to the Austronesians, which does tell us that we have a business history of 1,000 years here and 5,000 years in the Pacific. All of that is being condensed in the period

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Wai 1040, #4.1.2 1820 to 1840. That is what Mori were bringing to the table when they had their relationship, built their relationship with the British. Much in the same way that the British brought their hundreds or thousands of years of experience to the table. 5 New technologies from 1760s, changes in economic and land tenure, search for new political institutions and leadership styles. We know from the records of Samuel Marsden and his travelling around the Hauraki and north Auckland with the likes of Te Morenga and others that there was a debate going on in 1820 by Hauraki and others that maybe a formal parliament is what Mori society might need at this moment, and the seeds to a Mori parliament dont begin in 1890s with the kotahitanga or the kahanganui. The seeds for the idea can be traced back to at least the 1820s through the influence of ideas and the influence of travel, and we will come back to that a bit later. New insights on humanity in the wider world, adaptations of new technology from the 1770s to the 1900s, the white potato leads to increased food production, changes in land tenure, labour force in the 1700s. So change was taking place in Tai Tokerau in a dramatic way from the 1770s, simply with the introduction of the white potato, because it was now possible to virtually grow more food faster than growing kmara. This may explain the increase in the Mori population from this period. More food could meet the consumption needs of a growing population. Growing populations inspire economic activities to meet the needs of the new population. That is the intimate link between economy and population growth. The imports and exports to trade between Mori and Tahiti, Australia, UK, the United States in 1820s to 1850s is well recorded. The purchase of trading ships and schooners has been well documented by one of our colleagues in our research project here, Dr Petrie, and captains of industry, there is a study of Mori ownership of ships and values. They added value to whatever was being done. They added value to the land when they grew wheat and could grow new types of food They added value to the wheat when they turned it into flour. They added value to the flour when they owned their own ships to export it. All this is evidence of significant abilities to adapt and change to meet whatever the circumstances present themselves to Mori. The visual evidence of economic, political, social and spiritual wellbeing is evidenced by a careful study of kainga. I would be of the view with other share this with other anthropologists and historians that the kainga is both the fundamental social unit of Mori society from the 16th century onwards, but it also is the domestic economy and to understand the kainga truly we need to understand the economy that looked after those who lived in that kainga area. It is no accident that the word kainga starts appearing in all of the early Mori writings, and you will find that in the thesis how I have documented that and how the meanings to the word kainga grew from being local to the land, kainga England

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Wai 1040, #4.1.2 was the kainga of the Queen of England and phrases like that. So kinga goes from being a small localised area to a nation to a region. P are, in my evidence, evidence of these virtual urban centres, because p brought greater efficiencies to the economic and production activities for the whnau and the hap. Matauranga mhiotanga wnanga for business and economic wellbeing was taking place, there is lots of evidence for that. The kawa, tkanga, ritenga, the principles, rituals and behaviour of wellbeing have been well recorded. Notions of traditional and change I have already covered. Population growth and economic prosperity and that linkage I have made that point. These maps done by some brilliant work by Dr Dorothy Urlich of Tai Tokerau, her initial studies of Mori population from 1800 to 1840 have stood the test of time. In fact, most of our demographers defer to her work in re-looking at earlier Mori populations and one of the interesting things about the work she has done here, she has started to give evidence of social mobility where Mori are living for all sorts of reasons outside of tribal areas. This started long before Pkeh came here, this process. She has done it by looking at populations from 1800 and comparing with Mori populations in 1840. A quick look at her work would show you that the bulk of Mori society lived north of Waitara, Taup, across to the Hawkes Bay and the evidence is that two-thirds of the Mori population lived in this area and one-third below. It turns out, members of the Tribunal, that is about the percentages in todays Mori society. Two-thirds of Mori population today live north of Taupo. That tells us, I suspect, about the land, the way that various parts of this country can produce the goods and services needed for growing populations. It has been a historical it is an important historical message for us. If you look at 1840 there is evidence there of the population decline, something dramatic has happened in the population decline. Yet the irony of this is that the Mori economy is booming in that 40 year period. So something else has happened and perhaps the evidence does suggest that it is something to do with new introduced diseases, and which Mori and Polynesians had not built up any immunity to this. I am not one of those who think that the dramatic population decline is solely because we fought each other to a standstill, because there is just not enough evidence to back that up, because if that was so, it is unlikely that the economy would have been booming as it did. So there is something there that needs to be explained. What I am getting at here, members of the Tribunal, is that maybe we are getting to get the drivers that led people to want to look at a declaration, tell the world we are free; we want to be working with you, and leading to a need for an international treaty with someone of significance. She has also showed in her map the tremendous migrations of North Island Mori, and that is all well documented and considered.

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Wai 1040, #4.1.2 So here is my point about virtual urbanisation, so 1600 to 1820s. On some estimates I have done based on Dorothy Urlichs work, this strip of land from the Bay of Islands across to the Hokianga, say including Whangaroa, it would appear that some 25,000 Mori are living in this area at this time. One has to imagine that now explains why there was a ferment in economic activity. The innovations in economic activity had to take place simply to feed this huge population. You will be getting evidence of the Taiamai area where in the plains of Taiamai where the population is very, very dense and it may explain why, when the wars took place in the Taiamai plains, why the casualties were high and horrific. It would have been easy in a very dense urban setting to cause a lot of harm to a lot of people if one had the disposition to do so. You will be getting some more evidence I think from Gil Parker and others about that. But this density of population most probably gives us a clue as to why the imperative for political and economic changes was coming out of this part of Tai Tokerau and other parts of Tai Tokerau also had these dense pockets of population. I would contend that this is the most densely populated area in N Treni at the time. Mori leaders, we know from our writings of James Busby, were constantly concerned about the child death rates and the quality of life of the children. It was the one matter that Busby recorded faithfully over the years, about this constant theme of the rangatira, how do we keep our babies alive and comparing themselves with, I think there was one letter I remember of Busby saying they would ask him how come the missionary family can have five children and three will stay alive, how come we have to have six or seven to get three to stay alive? These are all drivers of change. This is my point. Commercial, political developments, introduction of new technologies, adaptation of technology, the literacy, Mori writing. You will note that the way the presentation is going that I see the literacy movement as a Mori inspired movement. One has to understand why is it that Hone Heke and others in the north were sending their young ones to go away to learn how to read and write in Mori and English at very, very early ages. The visits of Ngpuhi and other Mori leaders to Australia and England in the 1820s, the letters to English Kings and the English Queen. There are some other factors which I have touched on already and I wont belabour the point. Other factors to do with political, economic and social systems. But suffice to say that the quest for a better quality of life is what was driving many rangatira throughout the country, not just in the north. The pressures in the north were to do with growing populations and therefore there was some urgency in their decision making I believe. The commercial and political developments continued, and I will just quickly mention these and we will go into this in more detail. The emergence of Te Kara, a flag of convenience for Mori trading ships makes sense. The requirement to look at the idea are we a nation, do we have systems for a way of producing laws to do with trade and peace and security, that would appear to be a driver for a type of declaration,

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Wai 1040, #4.1.2 call it what you will. The need to bring together the hap to start collaborating and acting in a collective capacity while retaining their hap, the mana hap is part of the thinking and then this notion of whenua rangatira, which I will come back to, because here we have one of the earliest knowledge Mori expressions of what a successful economy looks like, and I am going to elaborate on that a little bit later. It is no accident this expression he whenua rangatira is in he Whakaputanga. Then the Triti o Waitangi and then the commerce and wars after the 1840s. So what are the six events or phenomena that shaped a Mori nation, an emergent Mori nation? Mori leaders travel overseas with Hone Heke and Waikato in England and meeting King George the fourth, plus a visit to the House of Lords in 1820, the rangatira letter to King William the fourth in 1831, the encounter with James Busby, the first British resident in 1833 and the subsequent years and then the advice that Busby was giving to the rangatira here in the north, but also as far south as Ngti Twharetoa because he did travel there and then to Tmaki, the discourse between Mori to the offer of a Treaty with Victoria, the British Queen. Now lets look at the travelling overseas. You have already heard evidence from others about many people from Tai Tokerau who travelled north. I covered a whole lot of them also, Ruataras famous case. But I would like to focus, and you will get more evidence on these two, Tuai and Tetere. I did some field work about a year ago and decided to find out where they went to and travelled around those parts of England with my son who is doing his PHD in anthropology also, so we went out and did some field work together. We took their letters and went to those places they wrote about, or they dictated their letters in English in 1818 to experience what they experienced and get a feel for it. Tuai and Tetere observed life in England. This is an early shot of Westminster in 1803, and that is what London looked like. It is just chaos. The pictures right through from 1800 to 1820 are of an extraordinary place. The Thames was already polluted; the industrial revolution which started in the UK has already caused immense health problems. I am of the view that the early Mori who were travelling to London at this time, most of them nearly died, you will see a little reference, they got very sick, nearly died, they put him on a ship, he got well as soon as they left London. It has been thought that they suffered bronchial issues, and there were, but more importantly with bronchial issues related to heavy pollution, they were coming out of a part of the world with pollution of this magnitude and severance was beyond their experience. So even the great Hone Heke almost died within days and then he recovered when he got back on a boat and came home. But I just want to give you a snapshot of imagined young people, young Mori leaving Pungaru, Mitimiti, Kaikohe and going to their OE in London in 1820. It would send them bananas. They do it now. I have got sons

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Wai 1040, #4.1.2 over there. But it just to get a feel for what it is that they were actually experiencing and observing. We know that Tetere and Tuai had a commission from Hone Heke and other rangatira. It was kind of Captain Kirk thing, go forth and explore. 5 The Tower of London where they went to, that is what it looked like. There is nothing around Kaikohe that matches this sort of building. With my greatest respect to the taumata. I have been to Kaikohe, the Tribunal, I have been to Kaikohe. The thing that fascinated them the most, and I think one of the ideas they brought back to their parents and their uncles, was when they observed steel being made and pig iron being made. I went to the furnaces and I have photographs of where they stood and what they would have seen and this is just a picture of the wonderment of what they were observing. They now understood where an axe came from, where a musket came from, where ship steel, parts of ship came from. They now understood it. This is what they were observing, was the industrial revolution. The industrial revolution in Britain was only 20 years old when they were there and they were at the heart of it in Madelyn, they wrote, they commented on watching crockery made, and this was the kind of crockery that they witnessed in 1818, this was the brand that came out. According to their letters, they did say that they brought back a set of these, so there must be a north Auckland family who has one of these, they would be very, very good value on TradeMe. If you are looking for a buyer, people, Im the man. So here is just for you to have a look at, here is one of their dictated letters. I do not think they wrote these letters, there is no evidence that they wrote them, but they certainly started to dictate them. There are a series of these letters and they are talking about their experiences, where they went to and what they saw. But Professor Alison Jones and Professor Kuni Jenkins, they will be commenting also further on these two characters I am only interested in what they had to do, and they were sent to learn how to write in English and study in English via the medium of the 10 commandments and saying Anglican prayers. But I am interested in their attachment, this commitment to literacy and its impact on Mori society. Now, we come then to the visit of Hone Heke and Waikato and with Thomas Kendall in 1820. Much has been written about the visit and I have written quite extensively in the thesis, but one area worked, that no New Zealand historians had done, and I got that from Clude Orange and to Judith Binney, so I made that my task when I had a sabbatical in Cambridge, and no one had read the newspaper reports of the visit in 1820 from the newspapers. So I spent months reading every newspaper in the UK and got a feel for the impact that Hone and Waikatos visit had on the UK. They were treated as ambassadors, they met every member of the British cabinet, had lunch with the chancellor of the exchequer, meeting with the councils of the London City and all of the commentators who saw the meetings commented on their sagacity, their wisdom, their insight of both these two, about what they were observing, what they

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Wai 1040, #4.1.2 were studying, and there is some quite extensive write-ups in the London Times and other newspapers. Tuai and Tetere had briefed them well prior to their trip in 1820. So do we make of it? We need, I think, to see this trip and as well as other Mori going offshore, as a series of events, phenomena that are shaping a future that is yet to be designed. They are seeking any economic advantage. They go with intentions of finding out ways of growing the local kainga economies, the domestic economies, the local regional economies, to increase productivity and trade in order to feed a growing Mori population. They are concerned, we know from the writings of missionaries and others, about the social wellbeing of their children, their grandchildren and their old people. They are committed to what today we would recall a social innovation simply through the introduction of literacy as a new means of communicating, of understanding what is going on in the wider world. Now I am not talking about the literacy of the silly imposition imposed on later schoolings, which literacy to do with learn only English, you cannot speak Mori; I am not talking about that sort of nonsense. I am talking about the Mori drive to want to know how to have this new set of skills, both in Mori and in English. The political changes in the nascent parliament, parliamentary or congress movements that were growing, developing in the 1820s. It was one of Hones wishes to go and see the parliament at work and he went to the House of Lords, had a big impact on him and it is written up in one or two of the newspapers. His desire was to meet with the King, and had his wish and there is all sorts of accounts about that interaction. But it is here, according to Ngpuhi tradition that the conversation with the British Crown started. It did not start with February the 6th 1840. This is the start of the conversation. I will just finish on this part of shaping the future and I understand we are going to get a call soon, yes. They were also establishing a new international identity. I cannot say with any accuracy that they were consciously doing it, but the effects of what they were doing was, in international law, the establishment of international identity. They must have had an inkling about this because of the favourable responses they were getting about trade and how Britain was already determining that N Treni would be a favoured country for British interests. That idea is already in the discourse, in the discussion going on. I believe that Hone Heke and others would have had an inkling that there is something new being created here and we are getting favoured treatment. They started negotiating with the Crown then. You do this for us, you look after our interests internationally, we will look after your people and your people can live here in peace. That commitment Hone Heke made to King George and the shake of a hand. This is well known in Ngpuhi oral traditions, the relationships here. We know also one story that I had heard before I went to my field work in England, that Hone Heke, I was told, saw the British Army at play, which

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Wai 1040, #4.1.2 I did not know what that meant, but anyway. In going through the newspapers, what I believe happened was in his three or four months there he was staying at Queens College in Cambridge, which is where they did all the work on literacy, he did a semester at Cambridge University which was intriguing in itself. That is more than most English people stayed in those universities. So Cambridge is a fort 60 miles out of north of England. Oxford is another one. That is the ring of forts and if you know the Scottish history that is where Brave Heart, he came sweeping down from the north and they got him at Cambridge in those forts to stop him getting into London. That is just if you like the movies. But anyway, it was standard practice for the British Army to send troops out of London a day or two days march to Cambridge and in the paddocks outside the university that is where the British Army would practice their manoeuvres. My belief is that is where Hone Heke saw the British Army at play and he was able to meet the officers and we just know that he was also taken by two admirals to look at the British fleet. They commented on his shrewd understanding of the power of the battleship. I think he had aspirations myself, but anyway. So that was the thing there. If we can just finish on the thought of Hone Heke on a battleship, it might be a good time for a cup of tea. Tn koe. PT e ra e ttou m, e haere tonu ana ng mihi kia a koe e Manuka. Kia a kutou katahi an ka hau mai e te taumata kite atu ana au i ng kanohi hou, engari e mihi tonu ana ki ng kanohi kua noho mai ki konei mai i te ra tuatahi e kaha tonu nei ki te tautoko i te kaupapa, n reira tn kutou. Kua tae ki te wa m te kapu t. Thank you, Manuka. I can see some newcomers to our congregation and I would also like to commend those who have been here from day one and been steadfast to the kaupapa. It is tea time now. For those of you who have just come in, we do have half an hour breaks for morning tea. The kaumtua, kuia in the whare kai itself and, like I keep saying, the rest of us are right net door here, if you can come through here. However, this opening here will be closed at 5 to 11. If you do not make the cut to come through the door, you will have to come around the back. Engari, heoi an kia ta noho, ta kai, ta krero Please remember this when youre coming back Lets have a good morning tea, have a chat with our neighbours. - - - come back for efficiencies of time. My mother used to say to me when I used to go and get the cows for milking, e Pta kia horo te kapekape o u waewae. Pita, lets see those legs move. So if we can come back quickly. Mahurangi is on helping in the kitchen today and just please remember Whangaroa, Taiamai, Ngti Rehia ko t koutou ko app.

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Wai 1040, #4.1.2 Trans PT Your turn is tomorrow. The hearing pieces are still available, they are $6. Some of them apparently are not working very well, so you just take them back and you will either get a refund or a replacement. The Tribunal staff are still available at the breaks, at morning tea and lunchtime if people have queries about claims or other queries in general and really we just want to get to morning tea and come back so we can resume with the krero. So we are adjourned, morning tea is served. Kia ora tatou.

Morning Adjournment 10

WEEK 2 DAY 2 SESSION 1 [10.35 AM] FINISHES WEEK 2 DAY 2 SESSION 2 STARTS
Hearing Resumes PT MH Kia ora, Manuka. Kia ora ano. Well, having left Hone Heke on the battleship, I think I can leave it there because the rest of it you can explore in the thesis and other things about his visit. A point that has come out since I did that work, and it is touched on in the tribal landscapes report, which you will be accessing soon, is the reaction of Ngapuhi, Hones own people, to him going away for so long. That in itself is intriguing, and if I may, I would like to just put a bit of emphasis on that. We know from a wananga I think in the 1920s, 1930s that there was a huge gathering at Kororipo pa in Te Kerikeri there when Hone had a kainga at Kororipo, together with many other rangatira of the time. Kororipo was the place that Ngapuhi were exporting a lot of their products out of before Kororaraka and Paihia rose as the port of export. There was a big hui in which Hone had said to his people, he told them about his wish to go to England. According to what we know, there was almost universal opposition to him going. But despite the will of his followers and his other rangatira, he made the decision to go with Waikato. Now, this tells us something about mana tangata, mana rangatira and for me it emphasises the importance that in the end, a rangatira is answerable to his or her own decisions and what they are charged to do is listen carefully to what their people say. It does not necessarily follow that they will do exactly what their people say, and Hone Heke is a good example of that. In my mind, he had a grander vision, he had a greater purpose which obviously many of his own people either could not see or were not sure about that purpose. In effect, he was away for 12 months. There were no coup d'tats, there were nothing like that. He came back and picked up his leadership. It is also interesting to note that the same Hone Heke also lived in Kawhia for 12 months and Waikato stories tell us that. So this says something about his leadership, that he was able to leave his home base for lengthy periods and come back and still be the rangatira. I think that

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Wai 1040, #4.1.2 is worth pondering upon about the role of the rangatira and why some of them made decisions about he whaka putanga and te tiriti o Waitangi. By and large they would listen carefully to their people, but it is clear that they also had to make their own decision, they were not like modern day politicians who must follow the whims of the Crown. So I just make that point. It is a good point on Maori leadership in the 1820s and so on and so forth. The same korero tells us that when they returned from London there was an equally huge hui welcoming him home and it is there that he most probably began to start informing his people what they had seen, what they had experienced and the insights that he gained. So we have here a very good example of an open knowledge system, receiving new information from foreigners but also receive new insights from their own people and soaking and bringing it into the community and flowing out. My own assessment is that even in Taitokorau, I do not think we fully appreciate the full import, the full impact of the Hone Heke, Waikato sojourn, neither do we appreciate the full impact of the experiences of Tuwai and Tetere. But I just leave that thought with the Tribunal members. I would like to move on now to some of the consequences, one of the consequences of Hones interest in literacy. What you have on your screen, members of the Tribunal, here is a copy of the earliest knowledge piece of writing by a Maori in Maori. This letter is 1825 by a young man called Eruera Pare Hone, a nephew of Hone Heke. What we know of Eruera, and I have done a bit of work, but there are others who are doing more work, he was commissioned by the likes of Hone Heke and his other uncles and matua and so on to learn how to read and write in Maori and in English. If you look at this writing, this is not the writing of a learner. This is mature writing, which does suggest that he most probably had learnt to write three or four years beforehand. So here is evidence of a change that is taking place, that young Maori are learning how to read and write. But I can quickly add that other rangatira, one of my own included, had dictated a letter in 1827, Pana Kareau and Taiwhanga, all these characters were into putting their ideas on paper. Now, when we think about a Maori putting their whakaro on paper and we think of a letter and things like that, all that has happened is that an idea is now frozen in time on a piece of paper and this is the value of understanding the significance of Maori literacy and why it is imperative that we study the early Maori writings because here we have their ideas frozen in time on a specific date in a specific place. This open letter to the gentlemen of England contains expressions like Pakeha, tangata Pakeha, tangata Maori and quite clearly as early as 1825 there were Maori identifying themselves as Maori, tangata Maori, if I am a tangata Maori, you must be tangata something else, tangata Pakeha. So even in the language development there is clear differentiation between this type of person and this person, and it is evidenced here. The Reverend Yates was his mentor for Eruera Pare.

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Wai 1040, #4.1.2 If I can just carry on a little bit more about him, but Eruera Pare virtually became the secretary to James Busby and my view is that Busby would have been totally reliant on Eruera for his translations of his own talk in te reo and because he could write in English and in Maori, he would have been advising his uncles on one side and advising the British resident on the other. At the bottom of he whaka putanga he is listed as a kaituhetuhe, Eruera Pare. My own view is the writing on he whaka putanga is the writing of Eruera Pare. We can't be for sure on this, but when you compare the writing style of 1825 and 10 years later in 1835, you begin to see the same writing thing. So my view is that Eruera most probably was a big influence on the Maori phraseology on he whaka putanga because there are some expressions in there, which I will come back to a bit later, which emphasise some profound Maori thoughts are being placed on paper, phrases like he whenua rangatira. Only someone who is well versed in the culture would have known to choose that expression say over another one. Mana e te whenua and the discussion about ko te kingitanga, ko te mana e te whenua and the subtleties of the language. But I will come back to that, members of the Tribunal, a bit later. Tragically Eruera Pare was to die in 1836, still as a young man. But his place in Ngapuhi history and the social innovation related to literacy is significant, an unknown character whose place in history will become more known. So that is his letter. Here now is the letter in Maori to King William the fourth of 1831 at the rangatira assembly at Kororipo pa. This does help us emphasise the importance of understanding the place that Kororipo has in this tumultuous period of time, Kororipo. All of the Ngapuhi gardens run from Kerikeri back in towards Kaikohe, in the Taimai plains, back up towards Waimate north/south. These are the places that all that produce that was produced that was sold to the whaling fleets out of the Boston, Cape Cod and exported to Sydney, remember Maori produce was helping keep settlers alive in Sydney, Melbourne and other places and a lot of it is coming out of Kororipo. I understand you may well be visiting Kororipo at some point, but the context of understanding that place is significant, I believe, for the claims. This letter is one of these highlights one of the problems of New Zealands archival system. With one of my supervisors, Bernie Kernot, we had been looking for the Maori text of this letter. We had the Buick translation, we had something from Busby saying Yates, heres whats in the letter and you may recall I said earlier today that I wanted to work from a Maori text back and not go from English into Maori. So we have been looking. Archives said no, no, we dont know where it is, you will have to go to London. Well, one day we were looking at a little exhibition at National Archives and on the wall under a heading early Maori writings. So I am walking around and next minute I read Ki te kingi Wiremu. Trans To King William.

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Wai 1040, #4.1.2 MH - - - this has to be the letter. That is what I thought. I would not say it, of course. But anyway. So I called Bernie over, we went through it and sure enough here is the letter. So I now was able to discard what Yates said was in the letter, discard everybody else saying what Maori had put in the letter, or Maori thought, and work off the text here. This has been a study of nearly 10, 15 years just as one letter. A year or so ago we published it with a new semantic historical translation, interpretation of the letter in the book Te Kerikeri, edited by Ju Binnie. I will make a copy of that thing in there, because one of the things we will find, and it has been alluded to already, there were parts of the letter that were not translated. In other words, when Maori expressed a firm view of what they thought was going to happen, that was never written into the English translation. There was some massaging taking place. A reference has already been made to the fact that the expression, hinu o te whenua - - Fat of the land. - - - -was not translated and the references to Marian Begg say a lot, because basically what the rangatira were saying to the king, they were repeating what Hone Heke had said to his father, King George. If you will deal with us in a fair and just way, if you will trade with us, we have things that you want, but there are many things that we want from you. In return for that, we will let your people live here in peace. Out comes the promise, your people, the Pakeha, will leave here in peace with us. Then they said however, if you do not deal swiftly with your own troublemakers, we will deal with them in righteous anger, these are the Maori, like we dealt with Marian. That is in the letter, all that was massaged out. So again, what do we get here? Well, these are people who are not kowtowing or being subservient to anybody. They are writing to the king as if he is one of them. That is the point. As Hone Heke believed he was equal to King George, Ngapuhi do not seem to have any trouble thinking that they are equal to anybody else. That is a historians view. Ngapuhi did not tell me that, but anyway. But it does tell you about how they were perceiving each other, or how the Maori were perceiving these kings. Now, it is going to lead us a bit later on, then how did they see Queen Victoria, the daughter of King William and what was the nature of that relationship, but we will come back to that. So this letter is significant for a number of reasons. Busby, in a Scottish way, was to begin to refer to this hui as an early Maori parliament. He is basing his thinking on the Scottish tradition of parliaments, which is wherever the leaders gather that is the Scottish parliament. That was the Scottish parliamentary practice before they settled on Edinburgh. So all around Scotland today, and I have been to most of them, you can see these little marae type places and that is where the Scottish parliament met for hundreds of years; here, there, all over Scotland. The clan leaders met in their collective capacity and that is where they made decisions on behalf of all of Scotland as well as the clans. Like Maori,

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Wai 1040, #4.1.2 they were moving from the hapu into a collective capacity, and that is the hapu to Maori and juggling that set of things. So Busby becomes a significant influence because he seemed to have the knack to understand the Maori tribal system, which he equated similar to the Scottish clan system. So all those ideas start forming in Busbys mind about what should go into he whaka putanga and in English they refer to acting in their collective capacity and to do that in Maori they said we will form te whaka mininga o nga hapu, where the mana of the rangatira is held, their mana hapu is not changed but when they meet in their collective capacity it becomes a mana Maori, and they are acting not on behalf solely of the hapu, but for all Maori in the area, and that is some subtle but magnificent changes in Maori political thinking, seeing themselves at greater than their hapu, the mana hapu but on another level. Just going back to our letter, because a lot of our people have never seen it, but the really interesting things here are the moko marks and in the north we have a very strong sense of the mana and the tapu, the wairua, the mauri of the moko marks on paper. Tahemi was to write in 1988 about these taonga tapu, referring to the moko marks. When the rangatira took a moko mark from their face and put it to paper, this is about my moko is my bond, my words are my bond, my honour is now embodied in this text. So this is the beginning of a mix of literacy but also traditional Maori notions and these moko marks become an important part of any Maori understanding of what was going down. Which leads us to an interesting question which came to my mind at the time, after I had been talking to Tahemi about the moko marks, you know, this is not like just put your name down, it is all this other stuff. I suddenly thought so when they put their moko marks on the treaty, what were they doing, what did they believe they were doing? Already you can see from that point of view one gets the doubt in your mind that cession was actually their intention. It might have happened, but that was not their intention, if I can make the distinction. So the thoughts about moko marks and things in te tiriti, you can trace it back into these early forms of Maori writing where the moko marks have been put down. There were some heavy dudes on that list. Erima Henare made a telling point that they were trained killers. It is a very graphic way, which of course us historians would not use such strong language, but we would allude to that. But it is a telling point that these people who signed this sort of letter, seeing themselves as equal to King George and King William, saw themselves as subservient to Queen Victoria, the daughter. It kind of raises interesting Maori questions in your mind and to my mind about all that. So the moko marks. So the rangatira letters, there is their names. The names are impressive; Kororahi, Rewa, Patuone, Wakanene, Kikiau, Titori, Tamoranga, Hura, Matangi, Repe, Atuahairi, Moitara, Matanga, Taonui. These are not the sort of dudes you want to meet in a dark alley when they are angry. So what is it they were seeking? What is it that they actually offered the king in the letter?

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Wai 1040, #4.1.2 If I may, members of the Tribunal, now turn to one of the other significant events or one other interesting phenomena to do with nation building, and that is now to refer to Tekara. I have behind me a copy of Tekara and if we can cast our eyes on it, that was one of six made by the Department of Internal Affairs a number of years ago to commemorate the flag. That was based on the exact specifications of the original flag and that is what it looked like when the rangatira met to choose the flag. So I got access through the secretary of Internal Affairs to all the archival stuff on it and to see what we can do to understand why this flag and what is it and it isnt. To understand it, we need to look at the symbolism that is embodied on it. We will note the red cross and the white background, we will note the eight pointed stars, note the dark blue background and the black fimbriation which is the little black mark around each of the four quarters there. No one really knows with great certainty what this iconography, what these symbols mean. But in my discussions with a member of the Navy and an archivist and historian, and it is in my thesis, I have written it up, we can extrapolate the following things. Henry Williams, who is an exNavy man, knew about British flags and what was acceptable to the British. It is reasonably safe to assume that the four stars are the principal star system for sailing in the South Pacific. That is what sailors would do, and so we get the four stars, the Southern Cross, one of the most sacred of the star systems for not only local fishing and sailing, but also South Pacific sailing. Williams would have known that the Southern Cross was significant to leadership in Taitokorau and Maori in general. The blue, again we assume that that has most probably got something to do with the blue Pacific, it is locating these islands in the Pacific under the Southern Cross. We get to the interesting question about eight points on the star. Well, I have only speculated on this, but Bruce Biggs and others have written extensively on eight as being a significant number in Maori proverbs, nga pumanawa e wara, it is eight this, eight that. It is the Chinese lucky number and if it is Austronesian language, then waru, eight, is the number of good fortune right throughout the Pacific. So one wonders whether Williams knew that eight was a kind of a significant thing. Who knows? Feel free. But it does make a bit of sense. The black fimbriation, I have to say that at the time I was doing my anthropological thing and thinking for deep meaning, deep significance in black, but the Navy people thought no, we think it was just a thick quill [Indistinct 11.30.46]. I said Oh god, I need something more profound than that. I cant say to Maori in the north oh, its only the ink from a quill. But anyway, fimbriation in British flags included, you had to have little boundaries around different components. So this is not a normal British flag. In 1830s the British did not put stars on any of their flags. It is not a British flag. The star systems are unknown in Britain. So that in itself is different. The colouring is different. The red of the cross, the Ngapuhi knew well

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Wai 1040, #4.1.2 the Anglican flag of St George, but not being satisfied with that, they demanded and insisted that the flag have a lot more red, red being the colour of mana of the rangatira, especially here in the north but in many other parts. So the cross of St George was expanded and a lot more red put on this flag. Some have argued that it is a British ensign. This is a debatable point because the British ensign did not emerge until about the 1850s. So there is nothing British about this, except for the cross of St George and St George was a Catholic anyway, but we wont go down that track. 10 So basically this is a tailor made design for South Pacific purposes, for Maori purposes. It swept the country and became a flag right through. What I want to show, members, there is a copy of this flag, there is how my own people of Te Rarawa have seen it and you will find up and down the country variations of this flag right through the 19th century, into the 20th century. The fimbriation has gone from black to white, and that is normal to just change that. The star systems, if I remember right, I think Te Rarawa could only count to seven, so we only have seven there. But better still, when we get to Ngai Tahu, I said to Tipene ORegan You fellas could only count for five. Anyway. So that is a significant flag at Rangiora in their marae there, this huge flag, and this was the sort of flag that Ngai Tahu rangatira have flown on their places up and down the countryside. So this flag and its many iterations have been developed and is still a significant flag in Maori mindset. The effect of it was, formally speaking the formal beginnings of an international jurisprudence, an international identity. Under the British system you can only be recognised if you had a flag, do you have this and all these other little iterations and the flag is one of them. Did you have a cup of tea? Well, yes, that is one of them, believe it or not. Did you have a series of documents, have you got things in writing? Already you could see that Maori getting all these bits and pieces that someone else can say we recognise you as a nation. So this flag is recognised by Britain, it is recognised by the United States, France, Russia and so on and so forth and it protects Maori owned shipping on the high seas. A consequence of it was that the British Navy, who had a base in Singapore, were commissioned to protect the Maori owned shipping, or New Zealand shipping, on the open sea between Australia. Piracy was a big issue here, and there not Somalians, they were locals. Hobson was based in Singapore and he was a pirate catcher, that was one of his first jobs before he became the governor here. So you can always recover from a difficult job is the moral there. So he becomes that is how he gets to know New Zealand reasonably well. So the flag is important. It becomes the flag of the independent tribes that started off. But later as the politics of New Zealand changed into a colonial period and a colonial experience, it became a flag of independence and they changed the title of it, as it is today. It is still an official flag of New Zealand, it flies every day at Waitangi and many other

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Wai 1040, #4.1.2 places. It is still an official flag. It is the sort of flag that could fly on the harbour bridge at Auckland if they wished to. So what are we getting here? We are getting a mana nuterene period, so I do not understand why the rangatira I found no evidence as to any great debate about the use of nuterene, nuterane or various ways of saying New Zealand, the trans alliteration, I have never found any experience that explained why that was accepted, but it just appears to be accepted. We are beginning now to see the shift from being a solely tribal grouping, collection of tribes into a new type of political arrangement and cultural arrangement. We are going from mana nuterene by 1840 and shifted into become mana Maori, the mana Maori motohake when the full impact of colonisation had taken place. The flag and its meaning changes with the change in politics. 15 The flag eventually became the a variation of it became the major flag for the Shaw Saville line in the 1850s, 1860s and New Zealand shipping companies had it right through and a variation of that flag is seen in it was adopted by the Maori Womens Welfare League. So the flag of the Maori Womens Welfare League is the flag of 1834. So flags have a whakapapa. The trick is to know how to go to the parent flag and note all the little changes, but the changes do not change the flag itself, it is still the same flag. So what you are getting is on each iteration of the flag, variation of the flag, you are getting more meaning added to it, but its parentage is clear. One final comment. Some historians and some people, try to refer to this flag as te hake, but that cant be so because te hake is the jack and this is not the Union Jack. It is interesting that the rangatira put the name te kara, referring to the colours, that is how it got its name. So this is not te hake. So when people talk about te hake tuatahi, they are not talking about this flag. Trans MH French flag. It is a mistake. I think now we are ready to just pick up James Busby again where I introduced what I thought was happening and that he is a Scotsman understanding Maori society. You may remember that he went to Edinburgh University with his younger brother, but his younger brother managed to finish a medical degree and the Busby family could not afford to keep him there, but he did one year there. They were still considered in Scottish terms a classical education. I have seen James Busbys exam results, his Latin and philosophy and all that stuff just out of interest. But he has been raised on Scottish jurisprudence. Now Jed Martin, the Canadian who has done a lot of work on Busby, I spent a lot of time with him on this and we differed on one or two matters but by and large I went over his work and certainly Scottish thinking permeates all of James Busby. It may well explain why Busby kept getting off side with some of his English superiors, because the kind of

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Wai 1040, #4.1.2 advice he was offering Maori was not the advice that English would normally do, but is something that a Scot would do. England does not have a good track record in advising people to declare independence. Their track record is the other way and the American declaration of independence is breaking away from British dominance. But this is not the same order he whaka putanga, it is just saying to the world we are free and independent people, you deal with us, no one else. Very, very Scottish in many ways and you will find precedents for he whaka putanga if you look at some of the early declarations of independence in Scottish history. There is a whole swag of them going back to about the 16th century. So we will learn more from understanding the Scottish mindset in terms of understanding he whaka putanga o te rangatiratanga nuterene. So Busby comes in 1833 largely as a consequence of the letter of 1831 and he is appointed by the Executive Council in Sydney and also he has got some good promoters in London. They appoint him and not someone else. His job is to advise Maori on matters to do with trade and good business with Britain and his job is to look after British interests and so we see now an elaboration of the hand shake of Hone Heke to King George and the discussions that Waikato and King George and Hone Heke had with the authorities in England at that time. That is the flow of events from the Ngapuhi point of view. So Busby, it is most interesting to study his house at Waitangi and the way that he and Agnes used to entertain the rangatira who would constantly turn up and camp just around his house, bringing their own food supplies, cooking for themselves, looking after the hapu who came with them. They never, despite his invitations, never went into his house or took his hospitality. They stayed outside where they used to camp and that is where they would have lots of conversations with him. Busby had a practice, and he did it right from the very outset, his first speech, formal speech when he arrived here as a British resident was to speak in Maori and we have copies of that speech, that is easily accessed, and he was to say why he was here and that was his standard practice right through his period as a British resident, speak in Maori first and then work off the English a bit later on. So it is easier to track his ideas, what he was saying to the rangatira in 1833, 1834 with the flag because he spoke in Maori to them about the purpose of the flag. He spoke in Maori at he whaka putanga o te rangatiratanga and he spoke in Maori at the signing of the treaty of Waitangi, te tiriti o Waitangi. So Busby is a character that always keeping an eye on. He is much respected it seems by the rangatira, and that is evidenced by the meetings I have referred to already, countless meetings, countless discussions and the advice. Busby started teaching in the rangatira here in the north about the Laws of Nations by Emerich de Vattel. When I was at Cambridge, my academic colleague when you are on sabbatical there was Paul McHugh and Paul and I for six months we used to meet every week and discuss

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Wai 1040, #4.1.2 what we were researching and this sort of thing. But one of the points that Paul has made is that every British official from this period that we are talking about, they had to use the law of nation as their bible on international law. It was the emergent jurisprudence and so I studied that for weeks, months and tried to get into the mindset. Busby had started talking to the rangatira about the law of nations and the one clause in the case study he gave them was the Ionian Islands. The Ionian Islands, in brief, is a small group of islands off Greece where Napoleon got thumped by the allies and he capitulated and surrendered, then they had to give the Ionian Islands from the French back to Greece. The Ionian Islands said no, we dont want to go back to Greece because we are the real Greeks, they are not. Sounds very northern, this stuff, but anyway. They said no, so they signed a treaty and I have gone through that treaty and there is similarities between that treaty and the declaration of independence. The only difference is the Ionian Islands put a sunset clause in, we will have the British here for 25 or 30 years. No sunset clause was put into the treaty of Waitangi. It was standard practice for the British to put sunset clauses in many of the treaties. One things of the treaty of Nanking, which was 100 years and Nanking was about the British acquisition of Hong Kong and Hong Kong eventually had to go back to China and we have all been a witness to that return. But such a sunset clause was never put into te tiriti o Waitangi. I think I can understand the British reason, because they had made the decision, we want another colony and they are not looking for a hand back. That is why it did not go in there. But our people were not aware of that. I do not think there was sufficient Maori around who understood the subtlety of some of these treaties and what goes in and what goes out. But that is conjecture on my part. So Busby reads in Maori what he is doing, listens to the debate, rewrites the thing in Maori and feeds it back to the hui and so by the time they get to moko marks, I think it is safe to assume that an emerging consensus has been arrived at and that the rangatira would put their moko marks only to what they understood they were agreeing to, otherwise there would be no moko marks. If Tahemis description of the significance on moko on paper and that it is taonga, tapu and all this kind of thing is correct, which I believe it is. So when the moko mark goes on, one has to assume there was a modicum of understanding of what they were doing and the question is what was in their minds when they put their moko marks up? So Busby is the key advisor on how to get involved in the drafting and the crafting of these now formal legal international type documents. Some of them, as I said before, understood elements of Emerich de Vattels Law of Nations and there is one section in there that relates to the Ionian Islands case study, which he put to the rangatira up here at Waitangi. Busby had taught them. Busby writes about this in his official reports and letters to his brothers and other members of his family about what he had in mind. He taught them that where a new and this is straight out of

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Wai 1040, #4.1.2 Emerich de Vattel when a new emergent state wishes to get established as a state, it can ask an existing state for assistance. No cession is given. But a price can be paid, meaning the contributing state, advising state can say we are going to take so much, or we want a price and it could be in trade in so and so forth. That is what Busby had talked to the rangatira about in the two days prior to the making of he whaka putanga, that is what he advised them of because that is what he intended to do as a British official, to advise them on these matters. Now by 1835, the British government had not changed its policy about New Zealand being a colony. That did not happen until 1838, perhaps 1939. So the British was going along with all this to a certain degree, not the British officials in Sydney who were angry with the Scot, but certainly back in London they understood what was being intended, so you get that variation. Don Loveridge has covered some of this and he gives you an account from the British end of it. But Don does not go into what was in the Maori mind. Neither does even most of the other historians, they tended to follow the Crown view of the declaration and not what was going on in the Maori mind. You see, my task was what was in the mind of the rangatira when they did this? How did they get briefed? What is it they knew? What is it that they did not know? Because declarations of independence, culturally speaking, is a moral choice again. It is not just about the politics. It is a moral judgement being made that we are this type of people and the rangatira were exercising their responsibility as moral leaders. They were also political leaders and economic leaders. So in the he whaka putanga so that is the background to it. There was a draft of the declaration. That is in National Archives. On that draft you will see the consequences of the debate because you will see some changes from the draft to the final. In the final goes Ngahapu. Originally they talked about te whaka mininga, thats it, or nuterene. So obviously in the discussion the rangatira said we need the word hapu in. So they put the word Ngahapu to go in. Expressions like he whenua rangatira I will come to in a minute and things like that. In there is the phrase he matua kia matau, the much loved phrase by the Crown and settlers and the expression of tamariki tanga, you childlike people is how it has been translated. The problem here is people in a positivistic mind, in a positivist mind have trouble dealing with people who have a metaphoric mind, and that is the clash of intellect. Maori are a people of metaphoric mind, we are driven by metaphors, symbols, this sort of stuff. So when you come at it from a legal, positivist point of view, a utilitarian point of view, you are going to end up with a very different set of understandings and, as Dame Joan Metch referred to, massive talking past each other and unfortunately for our generation, we are still dealing with people who talk past each other, for whatever reasons. So we know that in he whaka putanga there was a process to be followed that had been debated on the 27th of October and debated again on the 28th, that the first step was to form the collective capacity, te

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Wai 1040, #4.1.2 whaka mininga o ngahapu, and on the basis of te whaka mininga, then declare the country as free and independent. The Maori agenda thing kicks on, oh, we must go and take this around, this kaupapa, around the rest of the country and so it is that they started gathering other signatures after October the 28th and two significant additional signatories to it are, of course, te hapuku of Ngti Kahununu and Te Wherowhero of Ngti Mahuta. I am of the view that Te Heuheu Senior was a party to he whaka putanga because his statement, recorded statement about the treaty, I do not sign to any woman like this because he alluded to I have already signed my document, he was talking metaphorically, I have been endorsing he whaka putanga. Why do I say that, and I have a full paper I can give to the Tribunal members just on the Te Wherowhero, Te Heuheu, Ngapuhi connections, both through marriage, whakapapa and you have already heard from Hirini Henare about the whakapapa connections to Te Wherowhero and to Ngti Hine. Well, there is all sorts of other relationships also that on a whakapapa basis as well as ideological and so on and so forth. Tapeka Point across over at Russell, that is the Tuwharetoa base. The Ngti Kahununu base here was, and with pomare, at Otuihu and both groups of people used to live here. So Tapeka, Bay of Islands is recorded in Tapeka, Taupo and those kind of connections. The person who advised me on that, to explore that in greater depth was Tahemi himself, he said go and find out why this was happening, what the implications of that. So it is no accident that Te Wherowhero and Te Hapuku became party to he whaka putanga. It is no accident at all. It just makes sense. Why Te Wherowhero and Te Heuheu refused to sign te tiriti o Waitangi, because both of them said something very similar. We have signed our document. So what is it that they signed, what were they party to? That is just a question to ponder upon and maybe explore that in helping our understandings about he whaka putanga. The other little point I would make about this is he whaka putanga is often referred to as a northern thing and that is true up to a point, because it very quickly became more than a northern thing because we know that they were gathering signatures right up to the 1890s when 40 of the raNgtira at Hauraki signed he whaka putanga o te rangatiratanga, I can give you that document with the signatures if the Tribunal members wish to see that. Unfortunately, because it is in Maori it is titled ko te tiriti o Waitangi and I suspect that was picked up by other historians, is they saw the treaty and thought it referred to the treaty. It is virtually word for word he whaka putanga in the context. Remember, this is the time of the kirahepe getting all the signatures for the Maori parliament of the 1890s and this is the context. So we know Ngai Tuhoe considered he whaka putanga in 1921, I have seen references.

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Wai 1040, #4.1.2 So it is still a living document, it always has been and I know your brief is mainly to 1840 but I thought I would just throw it in, if not to tantalise you a bit but to think past 1840, but just to make a point it is a living document, it is not a dead one. 5 He whaka putanga also picks up Hone Heke, the letter of 1831, the flag stuff saying we request the assistance of England. The jurisprudential context of that I have offered is Emerich de Vattels, the relationship of an existing state with a new emergent one and the nature of that relationship in which no sovereignty is ceded, but it is a binding relationship. That is the question that leads us to a question about te tiriti o Waitangi and I would like to suggest that logically from within this framework I have being presenting, te tiriti o Waitangi has to be seen as something akin to an international treaty between two sovereign states. That has to be the consideration. The behaviour after 1840 with the Maori parliaments and the kohunganui, the kotahitanga is all evidenced of a people who are not acting like they are subservient. Quite the opposite. So I just pose that question there for some consideration. Again in the he whaka putanga, they say if you will be a he matua kia matau in our inexperienced state of running a state, your people can live here in peace. Again, the promise of Taitokorau, of Ngapuhi to allow Pakeha to live here in peace. That goes right through up until 1839 and so on and so forth. What Maori did not know was the British had changed their policy by late 1838 to 1839 to we want this country as a full colony, and that is where James Busby was conflicted. My view is so were all the missionaries of the time, good people that many of them were. They were horribly, horribly conflicted and consequently at the making of te tiriti o Waitangi here at Waitangi, Manguru and other parts, and my own area in Kaitaia, important information withheld. A point that Colenso had made in the signings here when he accused Hobson of not giving the full story and he was slapped to the ground a bit, knocked around a bit by Hobson in his response. So Dame Anne Symonds rewriting of her original papers on looking at these things and the three signing areas is important. I have to admit to concurring largely with her disposition in terms of her understanding of things. So that is the background then to the he whaka putanga and the context in which it was done. Can we now look at some aspects of it. It is not a two language document. It is only one language. The only language is it is in Maori. Busbys so-called translation is nothing more than a description of what is in there and it could well be he wrote that our beforehand. I doubt it. I think he wrote it around he had bullet points because he knew what needed to go into it, but he wrote it fully in English. Remember that his Maori advisor was fluent in Maori and in English, Eruera Pare. Eruera Pare was also advising the rangatira who were all his uncles, in October 1835, he was advising them and advising Busby.

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Wai 1040, #4.1.2 Unfortunately for us all, Busbys so-called translation is what has dominated a lot of historical discourse. Too many of New Zealands historians have failed to use the Maori texts. They failed to read the letter of 1831, they failed to really read the Maori text of what was being said about the flag and they read only the official records or eye witness accounts from people who were not Maori, which is kind of problematic. So that is a copy of the declaration itself, it is in the National Archives. You will see that ko te whaka mininga is underlined to stress a key point. 10 Just a few points. The language in it is understandable and I think the rangatira would have known this. So when they use expressions like ko matau, they knew precisely what they were doing. They were just saying we, not you. There was none of this and so they were saying to the world we, and anybody who would listen to us, are going to do this and that ko matau all the way through that makes a lot of sense, which can be contrasted with the pronouns used in te tiriti o Waitangi when the Queen is saying ratau. In the discussions, the treaty discussions, it is sure as hell Hobson would not have got up and said ratau because all the Maoris would have started looking at ratau over there, some lot over there. They would have been using words like koutou. Trans MH You people. Their use of the pronouns is very, very important here on how we understand what is happening. The treaties are always about one group saying to the world I am dealing with these people, back off. So it is all ratau, kainga, oratau - - Their homes. She is not directly the Queen is not directly talking to Maori. But that is the style of international treaties to a certain extent. So one assumes that in the treaty discussions the word koutou was being used. You people. You will respect the kawanatanga, you will do this, the Queen will have this. We do not know for sure what actually happened in those discussions because the eye witness accounts are interesting and that is about all they are. We cannot vouch for the value of whether the eye witnesses were accurately appreciating the mindset of the rangatira in those discussions. So I even have a lot of doubts about Colensos written notes, helpful that they are, but they are really only a synopsis of what would have been a full on discussion. So that is just a point about that. So here is a he whaka putanga. Again, the moko marks are coming up but also there is now signatures arising, which means that some of these rangatira were like Hone Heke, Hoani Heke. He signs his signature there and so on and so forth. Te Wherowhero apparently got someone else to sign, which is as of his want, that is what he did. Te Hapuku, if you know, that is it moko mark

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Wai 1040, #4.1.2 there and they were collecting other moko marks right through to my own papa here, Pani Kariau, were all signatures. So I am a descendant of four people who signed he whaka putanga and it is true, I have a bias in my historical interpretation, for obvious reasons. So I do not consider myself as a Crown historian. I can only talk about the Crown. But it is an important point to make. I just put up there some key phrases. I have retranslated this using a semantic historical approach, which is part of our training as an anthropologist and a historian in the mix. But these phrases are important, te whenua rangatira. We have come across, just on this interesting phrase, because it was a puzzle during my research, but in the tribal landscapes report you will see a reference to some research that we have done on wananga in the 1840s held in Tamaki Makaurau where they discuss he whenua rangatira and we have been going through the archives, the minutes and these discussions were led by Para Tuhaire and others, well known characters, and in the next report that is coming up, which you will get in due course from the Te Ahua Alliance, will be covering even more detail on he whenua rangatira. So I just mention that as something that is coming up on the horizon. But suffice to say that Busbys explanation of it is too truncated. He whenua rangatira is a reference to the type of economy that any Maori group aspires to and it is economy that prospers in the time of peace. It is an economy that exists when you dont need 45 pas. You are at peace and the economy is full on. It is a rather elegant expression, he whenua rangatira, like hoa rangatira, the greatest of my friends, whenua rangatira is an expression, the land is being prosperous, it is now rangatira land. Do you see my point? So what he whaka putanga is is an aspirational document about enough of war, we want to revert to an economy in which prosperity reigns and we are at peace and so on and so forth. I believe the Taitokorau rangatira would have understood that meaning on whenua rangatira and I think that is why someone like Eruera Pare would have understood this ancient notion of a Maori economy. There are I understand, and we will find this out for sure, other expressions of the economy at war and it is not a whenua rangatira, there is another expression, economy under stress and Kaka Pouwini of Hikurangi has written a little bit about economies that are under stress and we are hopeful we will do more work on that during this initial hearing and you will get access to that. Ng tino rangatira anake i t mtou huihuinga, thats right, has this idea of absolute power. We have discussed the tino rangatiratanga, or others have. Certainly my interviews with Tahemi on tino rangatiratanga has led me to understand that many are rangatira, but very few have the tino bit. It is the tino bit that decides, as he put it, whether you stay alive or you are dead. Only then have you got the tino bit. So I am happy with my rangatiratanga I have to say. I am not sure I want the tino bit.

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Wai 1040, #4.1.2 But in the minds of the rangatira, when expressions like nga tinorangatiratanga, they would have known precisely what that meant and why they could put their moko mark to the tino. It is highly unlikely the rangatira who did not have the tino bit would have put their moko marks to such a document, because I do not think they could have survived the scrutiny of their own people, Hey, who the heck do you think you are? You aint got the tino. So it is very, very important to understand the subtleties of that and therefore one can see why in English it is okay to describe it as a collective capacity, but really it is a collective capacity with the full on powers to exercise those capabilities. The other thing just to draw your attention to is the next expression, te whaka oranga o tau matau whenua. That saying, te whaka oranga o tau matau whenua, we know they are thinking outside their tribal lands here because if they were thinking only of te whaka oranga of their own tribal lands, they would have said te whaka oranga o matau whenua. Trans MH Trans 20 MH Of our lands. So here they are in a collective way saying this land is our land. See, if they had put in o matau whenua, plural - - Our lands. - - - then they would have been our tribal lands, but they are not saying that. Now, that would have been agreed to, I think, in a two day discussion about expressions like that. Remember, a draft was read out to them, they were given a day to discuss it among themselves, come back, edit it again, fed back to them, they put their moko marks on. Te Kara momatau, reference to Te Kara. Here is the expression hei matua ki a mtou, i t mtou tamarikitanga, kei whakakhoretia t mtou rangatiratanga. Again, the plural, singular stuff is important to note. He matua kia matau, be a parent is what Busby put in and he is full of that colonial stuff unfortunately in some minds, the parent to us in our infant state. It is better to say be the mentor to us, our protector. Now, they do not say e o matau tamariki tanga, our individual inexperience. They are saying t matau tamariki tanga. This is a reference to not that we are childlike, it is just that we are inexperienced on matters to do with the state. Kei whakakhoretia t mtou rangatiratanga, and note it is not matou rangatiratanga, it is t matou rangatiratanga, our collective rangatiratanga. So what do we get out of all this? Well, Te Whakaminenga o nga hap is established, it is a confederation of hapu, so we can talk of mana hapu period. It declares an independent state, he whenua rangatira, which refers to an economy of prosperity and a time of peace, which is what they were wanting. It is classic mana Ngapuhi, but at the same time greater than Ngapuhi, it is mana Maori established, it wishes, they say we will form a congress to pass laws, trade in peace, they will consult with other hapu to join te whaka mininga, they request assistance of England in return and the great promise, Pakeha can live here in peace.

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Wai 1040, #4.1.2 There was some discussion on, and I would like to speak to my thesis, on ture and tora. Ture is a Tahitian word devised and the missionaries had used ture there instead of tora because it had other connotations if you said it wrong. So they used ture and the missionaries brought that here to New Zealand, that how the word ture became part of the Maori expression for laws. So it leaves us now then, members of the Tribunal, to what is the relationship to te tiriti o Waitangi? Can I offer this thought from the point of view of my client group, Te Waimate Taiamai, but also the whole of the Ngapuhi claimant collective and say that Ngapuhi nationalism is the basis for te tiriti rather than for British occupation and settlement. Te tiriti only makes sense if we can locate it in this emergent Maori nationalist tendency. Even in Maori language they are changing from o matau whenua to tau matau whenua. In the letter of 1831 tau matau kainga, our home, home land, not o matau kainga. Trans MH Our homes. Villages. Already the language is changing, already our people are debating this over days before they put their moko marks to such documents. We do our tupuna a disservice, and many Maori do this unfortunately, we do our tupuna a disservice when we try to infer they did not quite know what they were doing. That is very much a modern Maori looking back in time and saying why arent you like me? So we are trying to keep in their time, trying to understand how they saw things from that period. The British treaty, British intentions are clear. It is a treaty of cession. They made the initiative, I have seen no evidence that Maori asked for a treaty. As far as they are concerned, they had a letter, a hand shake, a letter, 1831. Now a declaration which the British had recognised, Dave Loveridge covers that, I have recorded all that and seen the British records, yes, there is recognition. The recognition of Maori sovereignty is embedded in the preamble of te tiriti, but they specifically mentioned te whaka mininga and so on and so forth and those who did not join it yet. Hobson has a specific instruction to target those who signed he whaka putanga and get them to sign the treaty of cession. We know that Hobson never got around to telling them that. He was just collecting signatures. So there is issues here of full informed consent on something and that is lacking in a lot of the treaty discussions. There were things that were not said at Waitangi on February the 6th 1840. Very little mention was made about our goal to have massive immigration schemes. That was never put on the table. James Busby was to say in 1863 that if Maori had have been told that, it is highly unlikely they would have signed te tiriti o Waitangi. He said that before a select committee in parliament to James Busby. The second part of the immigration was that it would be funded from the New Zealand end, not the British end. So the land acquisition agenda was a significant part of the British intentions in the treaty. In order to fund the immigration the goal was,

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Wai 1040, #4.1.2 and this has been well documented by other historians who looked at Crown policy on this, get the land at a cheap price, increase it at great profits. The Tribunal has addressed all this before, so I am not telling the Tribunal anything new, and the profit margins will be what funds immigration schemes. So the irony is, we get into a lot of Maori irony, that Maori funded the influx of immigrants right through the 19th century well into the 20th century also through the forced land sales, confiscations and unfortunately through the fact that many Maori sold their land freely on the open market. But that immigration land acquisition connection is a critical part of Crown policy and there is no evidence that was fully explained at any of the treaty signing areas, certainly not in Taitokorau. This is what I was referring to before. I believe this was what Colenso was challenging Hobson about, you havent told them everything. This is where I would argue that Busby has now been neutralised and horribly conflicted, Henry Williams and most of the other missionaries are horribly conflicted over this. They want what is best for Maori and in their minds they appeared to think well, this is better than where they are. That was not their decision to make and they had no authority to even think it. Well, they did, they could think it, they had no authority to act on what they perceived as good for Maori and here is the problem of dealing with a lot of the eye witnesses. Most of the eye witnesses of the treaty who wrote about Maori were doing this, Maori were doing that, were all terribly, terribly conflicted. I would have thought that therefore their evidence is somewhat suspect and needs to be treated with great care. What we do know, that despite all this, some 540 rangatira signed in seven months. My own studies show that that means that about another 500 did not sign because in a number of signing places where they talk about 100 rangatira turned up, 50 signed, that meant the other 50 did not sign. Most probably if you extrapolate that right through the country then you very easily say yes, there would have been about 1,000-odd rangatira throughout the country and 540 signed it. We know that this was done in seven months and, as I said earlier today, the idea that our people would make this sort of decision about ceding in perpetuity in such a short period without all the background, it just beggars belief and it does suggest there must have been a lot of discussion throughout the country. Because even by todays standards, to get 500 Maori leaders to agree to anything in seven months, that is significant. This was an even more tumultuous period we are talking about. Full of unknowns, full of mysteries, but full of hope and aspiration. So we know that the Maori who signed the English, it was by accident, they forgot to take the Maori text to I think Waikato Heads, wasnt it, the 40 there. So here you had a group of people who did not speak English, all the discussion at the Waikato Heads was in te reo and they signed an English document saying you have got cession. So no, but we do know this, and no Ngapuhi I think it is safe to say, no Ngapuhi that we know of signed the English version. So if I can quickly go through this and we might just finish before lunch, because I do not need to go into the treaty in any great depth.

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Wai 1040, #4.1.2 JC MH JC MH 5 I understand that the word from the kitchen is lunch at 1. Is it 1 oclock, is it? So we will go through until 1. Ka pai, good, okay. It is a puzzle to me how in this period of time, 1840, what is the significance or otherwise of a preamble in such treaties? I tried to do a little bit of work on this and I have asked a few people because in todays standards I do a lot of work on the free trade agreements, the 22 free trade agreements with China and all these other countries and Maori business, and we know that the kaupapa of something is clearly stated in the preamble and everything after that is an expression of the kaupapa. Now I understand, and perhaps the Tribunal could explore this, that in the 1840s this was not necessarily so. But lets assume, and that is what I have had to do because I just did not know, that the preamble is the kaupapa of te tiriti o Waitangi, not the articles. The articles are the details. In Maori thinking, especially here in the north, if you do not spell out your kaupapa, then the hui will just tear you apart. This is typical of many Maori. So the kaupapa, what is the kaupapa of the te tiriti o Waitangi? Well, the kaupapa seems to be best expressed I think in the phrase Te rongo ki a rtou me te ta noho hoki, now note this is the ratou, this is the Queen telling the rest of the world I am talking to these people, I am listening to these people. This is the nature of the treaty. But when this was read out, Hobson or Busby or Henry Williams sort of said te rongo ki a koutou, me te ta noho hoki. My view is that when that was stated with force they would have been thinking ka te pai, life as we know it has been guaranteed and protected, that is exactly what we wanted, that is exactly what Hone Heke wanted in 1820, that is what was expressed in the letter of 1831, it is in he whaka putanga and now it is coming up in the treaty. There is a consistency of the Maori agenda, this is exactly what we wanted. So te rongo ki a koutou me te ta noho hoki this is what I have referred to at the foreshore hearings when I gave some evidence of this. I suggested to the Tribunal, you might like to look at this as a principle, a principle of te tiriti o Waitangi, the ata noho principle, that life as you have it and you want it is guaranteed and protected. It would be a good principle for today and I translated it to secure continued peace and way of life. Kawanatanga in the context of the preamble is clearly a reference to governance, not ownership, to governance only and you will be getting some evidence on kawana and its usage in the early translations of the various parts of the Old Testament. I have done some work on that myself, but others are doing some work on it. Later on you will be getting evidence from Bishop Tehara about the use of kawana in the bible and how would it have been used when they translated the bible. But it is governance there.

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Wai 1040, #4.1.2 Now we get into the detail. This is the phrase the devil is in the detail. Well, they got that right. So we go from the great principle, te ata noho, is guaranteed, or by the way, you will give us this in perpetuity in English it says. But in Maori it says something a bit different but there is the forever bit thrown in here and I still do not know to this day what was in the mind of the rangatira when they saw that ka tuku rawa atu ki te Kuini. I would only observe though that when I was looking at British treaties at the law school at Edinburgh and I was at the law school at Cambridge and looking at British treaties to find out how they did it, I did not know but the Dutch had ceded sovereignty to the British in perpetuity. Well, something has gone horribly wrong because the British are not there today. So I gather from this that this in perpetuity stuff is one of those things you put into many treaties in the faint hope that maybe it will work. So it might be useful just to cover that point. But certainly I know that the Dutch do not see themselves as British. I have got a Dutch daughter-inlaw, she is very firm on this point. Ka tuku rawa atu ki te Kuini, ake tonu atu Te Kwanatanga katoa o rtou whenua. So this is governance in the long term, is about the best you would say. But note that in English cede to Her Majesty absolutely all sovereignty. That certainly would not articulate it in any of the signings in the north, in English. As the Tribunal has already looked at this, the Maori and the English just do not coincide. Tuarua is the tino rangatiratanga expression and we discussed the importance of tino, about absolute power and authority, au ratau. Now, here again the language changes but for British purposes. You see, they are not saying tau ratau whenua, your land. They are now slipping back into tribalism and this is consistent with British policy to deal with tribes. Remember, I pointed out in he whaka putanga the rangatira saying t matou whenua. Trans MH Our land. T mtou this, t mtou this. It sounds like a salad. But they are saying here o rtou whenua, your tribal lands. Otherwise it should be t ratou. That, to me, there is some significance in that. O ratou taonga, and that is the etcetera clause and anything else you think is valuable. Te hoko o r whi whenua, now this is the pre-emption clause and this was critical for British success. They needed a pre-emption clause to raise money to get the land cheap, sell it on the open market at high prices, and that would fund the immigration scheme. That was the policy. But the expression here, o r whi whenua, in the northern dialect wahi refers to a small portion of land. That is what it means in the northern dialect. Te hokonga o r whi whenua. Now, Ngapuhi rangatira said Ka te pai, we promised that way back. If some of your people want to come here, well give them a bit of land. So the expression wahi tapu refers to that small portion of land that has been set aside for cemeteries or sacred stuff. It is very important. I understand in some other dialects wahi refers to all that it can refer to all the land, but not in Taitokorau. So they would

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Wai 1040, #4.1.2 have had no trouble with this notion. Here, if the Crown wants to buy some land, Ive got a little block over there, you can have it. I will sell it. That is quite different to wholesale. It does explain why the north was slow in offering large blocks of land and why it was necessary for military intervention and nefarious Crown actions through the Native Land Court to get not just the wahi whenua, but te whenua, and that is the basis of a lot of the claims for most of the claimants. Finally, the tuatoru. This is important. Not many appreciate this, but Hone Heke had tried to negotiate with King George that passports would be given to his people to allow Ngapuhi to travel the world as British subjects and protected by the British. He did not quite pull it off, but the aspiration makes sense. So in the northern mind, this idea of having the rights and privileges of British subjects was not about trying to be a brown Englishman, it was more to do with access to having a passport that took you around the world. I guess in some ways you would say that a European passport would be better than the New Zealand one. It gives you access to a lot more countries more easily. But it is that kind of pragmatics here. So this clause makes a lot of sense because Maori had been trying to negotiate something similar for a long period. Finally, the fourth clause and earlier today I made mention of the fact that Te Reinga RItenga Maori was to be guaranteed. Ko ng whakapono katoa. Now, a number of years ago at Waiwhetu marae when the Tribunal was hearing the Maori language case, I was then the president of the Rnanga whakawhnaunga i ng Haahi, and I made a submission then on behalf of all the Maori church leaders about inviting the Tribunal to explore this clause, and we were arguing then in that submission that you cannot have a retenga Maori without having the language that goes with it. It did not make sense. So we are just bringing this to the Tribunals it is in your reports, but I just reiterate that. But this is an important one and you can see why, in my mind, why Hobson when he had the Maori text drafted and read out back to the hui, the people would have thought ka te pai. So we have ata noho in the preamble. Here we now have an expression of it in detail, Maori life as you have got it will be guaranteed, kaput, the end. So from this framework, from these he whaka putanga pair of glasses, one can read the treaty in a very different way than the Crown aspires to read it. But it is actually, from a historians point of view, an important pair of glasses to have on. You have got to have the right ones on. So what do we make of it? Well, for me, the preamble of te tiriti is significant. Sovereignty, while the British believed sovereignty was ceded in the English text, but the English text was of no real value to the Maori community in its time. The English text has only become important in our time, but certainly not in their time and is still a mystery to me how the English text can be of equal standing to the Maori text. The logic of that is confusing. The pre-emption clause is neither for Crown land acquisition, so the Maori are British subjects, ka te pai, Maori customs and freedom of religious choices was guaranteed in article four. So here are some of the

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Wai 1040, #4.1.2 concepts, can I just put them up for you. Just going back to this idea that Maori are a people of a metaphoric mind. So if we look at Te Kara, Te Whenua Rangatiral, Te Whakaminenga, Taonga tapu, Kwenata Hou. hki te tkanga me Te Ritenga, we see these as metaphors, we then open our minds into the minds of the rangatira because these are the phrases that they were using. The meaning of them, of course, te kara refers to the colours and the symbolism, that is the Southern Cross, mana, Pacific, te moana nui a ki, all the Maori history that is embedded in the flag comes to mind when one looks at it and understands the symbolism there. Te whenua rangatira, Busby called it an independent state, but we now know that it is more than that. We can describe that economy with great detail through the help of the archaeologists and the wananga of the 1840s. The taonga tapu notion that it indeed is a sacred treasure, it is no ordinary piece of paper simply because the moko marks are on it, the moko marks are on it. Kawana atahau, the new covenant, the influence of some biblical theology. Many of the rangatira were already biblical scholars. Kaweti was one, late in life spent 12 months with Henry Williams at Pakaraka stating the biblical texts and Hone Heke was a well known exponent of biblical theology. In fact, he said he planned most of his military strategy by reading the bible. hki, Te Tkanga me Te Ritenga a vision and its beliefs and practices and this refers to, this auhaki refers always to te kara, te tiriti, he whaka putanga and other areas, including the north, chuck in Constitution Act 1852, section 71, which Maori home rule was guaranteed in section 71 but never enacted under any parliament. Finally, the event in which the metaphors are used. You have them on the right hand side and so the flag, he whaka putanga, te whaka putanga, te tiriti and right at the bottom te totahi tanga hanga nui parliaments, Maori parliaments all used expressions like auhaki te tikanga me te retenga and we get into that tikanga retenga, the great principles, the great ethics followed by forms of behaviour that are consistent with the tikanga. But auhaki are always kawa based because auhaki is the intervention of the atua world in the mind of a person prior to their death. The reason you can auhaki is that you see a future that those alive do not yet see, and that inspiration of seeing the future before it happens is an intervention of the atua. So the kawa is in the auhaki and they are to be lived out in tikanga, to be spelt out across by different hapu and iwi, they all have different tikanga and different forms of behaviour. So we come back then to where we started earlier in this presentation, about the importance of Te Kawa, Te Tkanga, Te Ritenga in the Maori mind. I wont belabour the point, but this remarkable hki of Te Ruki Kawiti to his followers and his great vision was that Ngapuhi would become the labourers of their Pakeha friends. That was his vision and his famous auhaki, and it is this vision that drives many people in Tetaitokorau to defend the treaty, because it is in the auhaki. When the namu starts

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Wai 1040, #4.1.2 nibbling away at the treaty, then and only then, he says, must we rise up to defend its mana. The translation of this, I deliberately chose to use Herepau Harawira and his translations because it just seemed to make sense to me, but I did not want to try to put too much of my own modern thinking into it. But what is behind here, of course, is biblical theology that Kaweti would have been studying. What I have done is I went back to what of the Maori text that Kaweti would have been using in his period of retreat at Pakaraka studying the bible. Certainly the references here to Daniel and to that part all translated in the early parts of the bible. So he would have had access to this thinking here of last night I fought with god and through gods will I am still alive today, therefore the blessings of god are upon me, therefore I can auhaki. So that is that kawa, tikanga, retenga stuff. But this time he is drawing on his he is a man of io, trained in the schools of io, but now also trained to a high degree in biblical theology. His great call then is to the transferation of the future. So I just offer that as a way of Kaweti, it just reminded me of I was in a youth camp at the United Nations in the 1970s and there was a big sign on the side of this camp, and about 1,000 young people around the world, it had there If you cant read the signs of the times, at least read the writing on the wall. I think Kaweti was doing both, he was reading the signs of the time and he could see the writing on the wall. So I think always of that, yes. Finally, this picture, Erima referred to it in his presentation. This great hakere of 1849. I have done a lot of analysis in the business school because interestingly enough it is said that every bay is for every hapu. There is something like 300 bays there. That is 300 hapu had to supply food for this particular hui. But this was just after the military intervention here against Kaweti and Hone Heke and others. The Ngapuhi economy is still strong enough to produce a huge volume of produce, despite the war. The British were known to be going around to attack all the supply lines on the Ngapuhi economy around here. But despite this, in a time of peace, they were able to do this. So you can quickly extrapolate, almost put a value on the quantity and the quality of the food produced here for 300 hapu. So we will do some more analysis of it, but it is a lovely description of an economy I would suggest an emergent whenua, rangatira. Finally, I want to finish up, and because we are enlarged here in Anglican company, I make an apology for being a Catholic. But I thought it would be a nice way to finish with a little bit of a Catholic view of it. It is the metaphor, te Kaipuke. Right in this period all the Maori writing from 1830s right through constantly refer to te Kaipuke and they had here different words for different types of the ships. The Kaipuke, of course, is the floating mountain of food, Allah, a trading ship. That is different to a war ship, which is another word. They used this lovely metaphor, the rangatira Ngapuhi, when they talked to Jean Baptiste Pompellier, the first bishop of New Zealand, Catholic he was. He had been asked to go and advise Ngapuhi about negotiating with the British and dont get into war, dont get into war. He was close to Hone Heke and he spoke to Hone, he spoke to others and he wrote this report back to the Pope in the

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Wai 1040, #4.1.2 Vatican in 1847 and this was what it said. New Zealand was like a ship which Maori owned. All they asked the British to do was to help sail it. Their ownership of the ship has never been in doubt, but did they want another captain?. e mrika. 5 Trans MH Yes. That is what they expected of the governor. The governor was the captain of a ship, never to be the owner. I think this was a magnificent summation of really the whole presentation and much of the Ngapuhi claims and the expression of te Kaipuke, you will find it in there. So what was the intent? Well, these are just going into the future and I am moving outside the brief a bit, Mr Chairman, on this. So I wont belabour it but just note significant movements through the period which have carried this idea that the ship was Maori and having the captain is fine. The captain is not the owner. The taonga tukuiho, if you like, this is something of a political whakapapa I reckon, of the emergent Maori nationalist political whakapapa. It has te kara, he whaka putanga, te tiriti o Waitangi and the kohunganui and the kotahitanga parliaments added in the Constitution Act 1852, section 71. There is a lovely political whakapapa there. If we think of it in whakapapa terms then we might get a flavour of it. These movements are founded upon ng taonga tuku iho and we have just reiterated all that, I do not need to go back over it. But the last, Hone Hekes letter to Queen Victoria in 1849 is again a brilliant summation and it is Hone Heke who touches, raises the point about the conversations started with his uncle in 1820 and he pleads the conversation must continue, and that is the emphasis that will be given in the Taiamai reports and others. Where he takes Queen Victoria to task by saying who has been the cause of our problems? Is it Fitzroy, is the fighting governor, that is Gray, is it Busby, is it this, is it the missionaries? In the end he says no madam, this is the translation that it took, as I understand it, Gray about three efforts to translate the Maori text in the end, no madam, you are the cause of our problem. Basically the buck stops with you. Really it is quite a very typical who has the mana? The Queen has the mana, not all the flunkies in between. So that letter is of significance. I will just finish on these. But my conclusions then are that no Ngapuhi or Maori political and economic evidence of an intention to cede sovereignty and mana to others, I found no Maori evidence. He whaka putanga was a stand alone political and economic statement of intent of mana Maori and he whenua rangatira. That he whenua rangatira demanded a new political system, thus they refer to a congress to pass laws and so and so forth. Te tiriti o Waitangi as a treaty of equal relationship with the English Queen with expected political and economic benefits has deep meaning for Ngapuhi and for Maori. I love the irony that goes with this, but this is the medal that soldiers who went away to fight in the African war, what they got was the united flag for their medal. I love irony. Kia ora koutou. JC Pita, at this time we will probably break for lunch and then we will come back for questions after that.

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Wai 1040, #4.1.2 PT Trans PT 5 E ttou ma, e Manuka ka nui te reka o ou krero, n ko te hiahia kia reka an hoki ng kai i aianei n. How sweet your words, Manuka. Lets hope that lunch is as sweet. - - - 1.00 pm, so I think we can still come back at 2.00 pm. If we can all be seated by 2.00 pm please, we can get on with it, because questions will follow. I think everybody knows the drill now, where the kaumatua, kuia are. We will just leave it at that.Kia kaha te kai, kia horo an hoki te hoki mai. We want to give a relish to Dr Henares waiata, a waiata for Dr Henare. Kia taea hoki mtou te waiata kia whakaknakihia o ana krero.

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NG MTEATEA Luncheon Adjournment

WEEK 2 DAY 2 SESSION 2 [12.55 PM] FINISHES WEEK 2 DAY 2 SESSION 3 STARTS
15 Hearing Resumes JC I runga an i whakaaro, kua haere mai mtou ki te whakarongo, he tika thau, engari, kore mtou i ptai i ng ptai tautohetohe, i ptai mtou ng ptai, kia tino mrama ai mtou, he aha ng krero, he aha ng kaupapa, he aha ng take, n reira me pn ana taku whakautu ki a koe, koin te take, ka ptai ng ptai ki ng kai-krero, kia tino mrama ai mtou a ttou katoa, ng ptake ng krero, e krero nei i a ia, n reira, kei te pai tn. To raise the matter the Tribunal asking questions of the witnesses yesterday. In your thoughts then we are here merely just to listen. You are correct but we do not ask questions of arguments to the questions but rather questions seeking clarification of the matters and the issues so that is my response. That is the only reason that the Tribunal members ask questions, for matters of clarification, for us, all of us. So, thank you Judge, we now know where we are, where we stand and where you stand. Everybody knows what will happen now. Following the presentation of the evidence of Dr Manuka Henare, the Crown will have the opportunity to ask some questions of clarification. Kia te no maramai ng krero. Then I understand there are two counsel who wish to take a time to ask some questions of Dr Henare and then the Tribunal, we also have some questions. I would ask the Crown and counsel to ensure that their questions are - - I would just ask if we could change that order, Sir. Ms Sykes has a meeting to go to and she would like to know if she could ask her questions prior to the Crown. So a suggested order, sir, would be Ms

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Wai 1040, #4.1.2 Sykes for about 15 minutes, then Mr Doogan for five minutes and then the Crown have given an estimate of about one hour to one hour 20 minutes, sir. That should take us through to the next break. JC 5 AI JP AI Is that fine with you, Mr Irwin? That is fine with me, sir. I will ask Ms Sykes then to start with some questioning. I would say one thing though, sir. Just in regards to your comment about the nature of questions, in terms of those questions being questions of clarification; that may be the case for the Tribunal but I have a different perspective and a client who has a different perspective as well. So my questions, perhaps today, and for this witness, will not strictly be questions of clarification. Thank you Mr Irwin. He krero an tn e Matua Bob, katahi an au kua krero ng krero a ka puta mai tahi atu whakamrama o ng ptai, ka whiua mai nei e Te Karauna, kei te pai. Annette Sykes questions Manuka Henare [1.59 pm] AS Kia ora, Doctor Henare. Ko te mea tuatahi kei te mihi atu au ki a koe, m to tonga i puta mai tnei huihuinga, kia whakamrama te katoa o koutou nei whakaaro e p ana ki ng Kawenata tapu e rua e krero nei, kore au i te hiahia ki te takah o t kaupapa, engari, ko tku nei hap, hiahia kia whakamrama mai tahi o ng kupu Mori i roto i ng Kwenata nei, ana, ka huri au ki te reo Pkeha, kia mhio ai te katoa, te ngaku o taku ptai, engari, ko te mea tuatahi, tino mihi ki a koe e te tonga o Ngpuhi, m whakatakoto i mua i a ttou i te ata nei. Trans So you heard Matua Bob. We have had another clarification from the Crowns perspective of their questions. Firstly, I would like to congratulate you for the treasure that you have presented to our hui, for the understandings of these sacred covenants. I do not want to trample on your evidence but my hap that I represent, would like you to clarify some of the terminology used. I will turn to English but before I do, I would like to thank you and commend you for this treasure of Ngapuhi that you presented today. I want to say again, I am not in any purpose to criticise the thesis but to seek some amplification on some key Mori terminology and, in particular, the way you have used that terminology with respect to three key documents. The first document is the letter of 1831 and your para 223 at page 43 and 44 onwards. The second is the translation that you provided in the diagrams at page 57 to 59 and the Treaty translation that you have provided at page 91. The terms that I want to explore with you are simple but fundamental terms in the understandings of these documents. The first is kainga, the second is whenua rangatira and the third is tino rangatiratanga.

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Wai 1040, #4.1.2 Now, if we can go to paragraph 223 and in your oral interpolations today, you amplified that the term kainga is utilised in this letter to King William in a number of contexts. You noted in your paragraph that, for instance, it is referred to as a place, tenei kainga ki te Kerikeri, that it is referred to as a country and it is referred to as a county. Can I start at the back first? What is the distinction between a county and a country at this time? MH AS MH 10 AS Kia ora Annette. That is a typo. It should be country. Just making clear that that was your evidence? That is my evidence, yes. And so, in fact then, there is only two meaning attributed to the kainga in that letter and that is place and country. Can you amplify for us why and how those terms are used, both in the context of the letter, to attribute the meanings that you have claimed? Yes. What I was trying to do is take a key phrase out of Te Tiriti and track it back how it was used. So that the context in which kainga, oratau kainga is used in Te Tiriti is trying to find out how was it used by Mori in the previous years, because during Te Tiriti discussions the word kainga would come and then what would be in peoples minds when they heard it. That was the point. Can I just refer to my thesis where there is a more fuller and more in depth discussion on it and I can more fully, I think, see if I can find it, address some of it. I cannot find it in the meantime but it is quite clear that when it was being used in written texts, there were added meanings being given to the term and one of my points I was making that in the process of the drafting of such documents, as I explained, they would have been read out to a hui and those listening would have commented, responded and so on, so forth, to what was being said. Remember that elsewhere I have written and especially in the thesis that documents like he Whakaputanga were not meant to be read. They were meant to be orated, it was oratory and so you kind of because that is how they were crafted because somebody is going to have to stand up in front of this big crowd and say something. So it is a different type of presentation. So what was the meaning that was passed over in oral talk: That was the context of the day, and they would have been grappling for appropriate Mori terms in order to explain perhaps a new concept like a country, a nation, in terms like this and what you find is that to the word kainga they were adding meanings to it. Now, I am assuming that because the rangatira after a days discussion on a point, put their moko marks to it, they were going along with the idea that yes, I know what te kainga means in this context. Remember what we know about our language is context is everything and so in translating them and understanding these documents in Te Reo, one has to know the context behind the document and that is what I have tried to do in the research - get the context. And that is really the point to the works of Dame Anne Salmond and others who use what they call the semantic historical translations. They are not necessarily the works of linguists and I dont claim to be a linguist at all but one gropes if you like, or feels their way towards a meaning.

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Wai 1040, #4.1.2 AS So in this context, the first grapping with the term nation is kainga is used. Then we go to the second document which you see in the whakapapa of the question of sovereignty, the movement is from the term kainga there to the term whenua rangatira. Why wasnt, or are you able to help me, why wasnt the term whenua kainga used if we are using kainga in the context of nationhood in that first document and then we move in the shift of etymology to a different term, whenua rangatira in 1835, four years later. So, it is a very good question and if I can refer back to the wananga of Ngti Whatua and others in Tamaki Makaurau where they discussed whenua rangatira and what is coming out of those archives is that the type of economy that is being described is clearly whenua rangatira, I could equally say is the sum total of a whole lot of domestic economies. I said earlier that the kainga is also a domestic economy. That is to say a domestic economy exists to provide the well being, sustenance of all the members of that kainga. So, when we know historically that Hongi Hika had a kainga on Kororipo, Rewa had a kainga on Kororipo, and maybe Patuone had a kainga on Kororipo. That means there were all these mini economies that existed to provide for the members of the kainga and they could be whnau, a few whnau, or even a hap. So, a whenua rangatira is a number of these, if you like, mini economies now serving a larger one for a common purpose. And that really is the big change that Hongi Hika m had brought about when they started changing the food production methods in this area, because they were no longer growing food solely for the kainga. They were growing food for te kainga, right, but some of it was to be sold to the whaling ships out of Boston and exported to Australia so the economy is expanding. So I would see - and that is referred to in Agnes Sullivans work in describing a whenua rangatira in Tamaki Makaurau where they referred to an economy that is working this way cross ways and on all sorts of angles. So you have in a whenua rangatira a totally integrated community action on a larger and larger scale. Yes, I want to explore with you the way you have used the term whenua rangatira in economic terms and I want to look to one of your teachers, Sir James Henare, saw taonga in both metaphysical and physical terms. Would he not have also seen the term whenua rangatira in more than just this physical sustenance that you have just described, and I want you to go to page 57 of your brief and your very helpful table there, and I am looking at it from a feminist perspective and that is Dame Mira Savasazis [Ph] perspective on the term whenua. Can you tell me what you understand that term to mean? Sorry, which part of the text? Second block, it goes ka whakaputa i te rangatiratanga o t mtou whenua a kua meatia ka whakaputa e matou p he whenua rangatira ki huaina ia ko te whakaminenga o ng hap o Niu Tireni. And you have translated that as to declare them to be prosperous economy and I am asking for you to firstly, before we go into your definition, explore that term whenua and whether in fact that is encapsulated in your translation

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Wai 1040, #4.1.2 of that period, because I understand your translation is proffered for meanings that may have been contemplated at that period. MH AS 5 MH Mm. So, he whenua rangatira. We have to keep in mind the way that the then Mori economy operated and who were the labour force for that particular economic activity. Now, you will correct me if I am not answering your question but just as I think I have heard it. Remember that in a kainga, you may well have three or four generations of people living in that kainga. Everybody, irrespective of age, would be engaged in economic activity - there were no distinctions. In other words, this is an economy in which at a very young age children would be brought into the labour force. They were doing that in the 1950s when they had to clean up the gardens, things like that. So women had their role, men had their role, children had their role, grandparents had their role and it was the mobilisation of all the members of the kinship group that enabled these economies to be as successful as they were. I dont know if I have touched, Annette on your question? Would you accept te whenua in one conceptual framework means placenta? Of course. And that if we look at it as a sustaining economy from that, it is sustaining the life force of those within that economy, then by adding the nomenclature rangatira, you actually are giving it a greater status, you are lifting that up from just a prosperous economy to a prized, sustaining environment to ensure those within the womb of that whenua are prized and looked after. Yes, I understand your question and it goes without saying that you are correct on that matter. In fact in the full submission, I do refer to Ta Hemis discussion on the whenua and the link to whenua to life force and the whenua is a life force into its placenta, into the life force of the land itself and vice versa and backwards too. So it goes without saying that expressions like whangaiai te Mauri o te whenua has profound significance because the feeding of the life force of the land is fundamental to good outcomes in terms of productivity. So the karakia, the way people worked on plots of land whether it is kumara or wheat or whatever, we know that new rituals were developed for new crops and that is because the tohunga and the rangatira, the kaumtua, whoever was managing the type of economy that existed, would have had to cover the spiritual side of the economic activity, the wairua side, they would have had to address the environmental side of the economic activity; it never was the intention to rape mother earth for instance to make a graphic point. They would have had to look at productive outcomes; they would have had to look at other whole range of things, what I would call the four well beings of economic activity: The spiritual, the environmental. They would have had to ensure that the kinship

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Wai 1040, #4.1.2 system was strengthened because of the economic activity. The intention was not to have an economic activity that destroyed the whnau, the hap and things like that. All these things were integrated. In a business school sense we call that complexity theory. You have a complex situation here and you are watching looking at a culture that has rituals that addresses this complexity. And so at the moment, all my postgrad students look at Mori business, economic activity, in terms of the four well beings. Now, if I can just refer to one thing and the writings on Te Hau, Ranipiris writings which are significant pieces of writing because here we have one of the earliest modern expressions of what drives a Mori economy: ko te hau o to taonga is his expression and he is talking here about another type of life force, Te Hau and it is closely connected to te Mauri and both have to be addressed by tohunga because there were different outcomes and I know from my ethnographic studies that if a tohunga was brought into a ngahere, a forest, to do the karakia of the whangai te Mauri o te ngahere, the expected outcome would have been plenty of birds. So the Mori economy, even in this period, had measurables, extra birds. We also know that if there were no birds in the next season, the tohunga was accountable. I suspect that may have a lot to do with why so few people wanted to be the tohunga, because in this period you were now a threat to the survival of the people. So I dont think tohunga, my understanding of the tohunga in this period is that you either performed or you didnt, and if you didnt you got your golden card very quickly and sometimes permanently. So it is just to make a point that in the type of economy that existed before the surplus production, it was as sustainable subsistence economy, is the best way of putting it, a failed crop would be disastrous for the kainga and the people living in it. There would have been hunger, pestilence and that sort of thing. So you can see the sharp edge of getting the karakia right, the sharp edge of setting the goals. AS Now, I am a lawyer, not a historian so I am trying to understand, given that context, which I accept, and I want you to look at paragraph 271 which starts at page 56 and comes up. Why did you choose the term economy in your preferred historical semantic translation as opposed to the term nation state or country, for the term whenua rangatira? What paragraph? Paragraph 271. For the audience because they may not have it, I will read it out. You say: The Mori language used is resonant with metaphor, whenua rangatira we have talked about the metaphor, analogy and symbolic meaning and easily understood. Ideas such as country, common land and state represent the beginnings of important developments in Mori political thought. So you have used the term economy if we look at your translation for the term whenua, not the term country, common land and I am suggesting the better term is nation state, and I am asking why. MH Because in the context of this history, there was no Mori nation state.

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Wai 1040, #4.1.2 AS MH No, but lets look - - Therefore, our people in that period would have no experience because nation states develop their own particular type of economies. We are living in one. For good or for bad, we are in one, so this was an emergent idea so I - there would have been on my part, I think, a mistranslation to say it was a nation state. Do you think though, if we look at the terminology prior to the words he whenua rangatira in the Mori text, and I will take you to it, they go: ka meatia ka whakaputaia e mtou, so we are now declaring this, this sustaining economy, this prosperous land of ours, this placenta of well being, this new name, he whenua rangatira. Would you accept that that in itself may have been an attempt to grapple with that new political notion whose whakapapa had begun with the journeys of their tipuna in 1820 which were epitomised in the pleas in the letter in 1831 and are starting to be crystallised in political form in this document? Yes, I would agree with that. That to the extent this he whakaputanga is aspirational. Yes. It is about a Mori society yet to come and so your question is I think correct in that assumption that I am putting emphasis on the fact that - on the economy, because that was one of the drivers for Hongi Hikas visit and why he sent Titere and Tuai. See, the missionaries mistakenly thought they were going to learn the catechism. They had a wider brief than that and so they were commenting on crockery, iron being made. Hongi Hika, you may remember, went to England hoping that he would get miners and engineers to come back and start the mining fields here in Te Tai Tokerau. So he had among other things, an economic interest. Do you remember he is one of the leaders of the then thriving new emergent Mori economy, that is exporting as well as producing goods and services for a very large population, is that all right? So I have put the emphasis on the economy. That is not to de-emphasise the political aspect of he whakaputanga because the politics is built into the notion, we will have a congress that will pass laws for trade and exports and so on and so forth, that is the political dimension. We will meet as he whakaputanga, we will meet as a runanga every year in autumn. Now, they choose autumn because that is the non productive period of the Mori and you dont want your labour force all tied up. All these things come together and I think underpin all the things. All the rangatira in this discussion would have understood all this because theyd be givens. AS Can I just on that point, we have explored with you in your evidence, and I dont want to go over it, that Hongi went for trade. Was he aware thought that there were other things happening? For instance was he aware of declarations by MacQuarie, the Governor of New South Wales, that was occurring in 1814 and 1890, which were political declarations,

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Wai 1040, #4.1.2 not economic ones, extending the jurisdiction of the British government from New South Wales to New Zealand. Was he aware of those? MH AS 5 MH AS MH 10 I cant say. So you are unable to say. I just dont know. Yes I dont know. So there may have been other motivations for a declaration of a political kind that you are unaware of? Yes, indeed. In fact I would go so far as to suggest that given the number of Mori from the north going to Melbourne and Sydney in this period that Ruatara and others who were backwards and forwards, Te Pahi and others back into this area, it would not surprise me - but I have no evidence for this, so I will keep an open mind - but it wouldnt surprise me that they would have been aware of this kind of discussion taking place. Now, that is about as far as I would be willing to go and I would love to do the research on it. I have got some grandchildren in Melbourne. Just complete it, because there is the trilogy of documents and these are really all I want to focus on. If we could go to page 90 and 91 of your main brief? Ninety. And again, it is your translation of Te Tiriti o Waitangi, and I accept it is a historical semantic translation, not one steeped in etymological understandings, and again I would like to focus the language to the terms whenua that you have used. But I also want to look at this term atawhai at paragraph 366. Now you have chosen to say this of Her Majesty the Queen Victoria: O Wikitoria te kuini o Ingarangi i tana mahara atawhai kinga rangatira me ng hap o Niu Tireni. And you translation is: Victoria the Queen of England in her kind thoughtfulness, and is that what you have translated atawhai to mean? Yes, because in the north atawhai ki te tangata is one of the high virtues in northern proverbs, and atawhai has all those kind of connotations. Other areas put emphasis on manaaki ki te tangata and there are subtle difference between manaaki ki te tangata and atawhai ki te tangata. As I understand it, atawhai has a strong element of compassion, a loving concern. Similar outcomes to manaaki but you can manaaki someone without any compassion, I suspect. In your oral interpolations, I found helpful today about the way there is this third person reference in your translation and her terminology is ki rtou rangatiratanga ki rtou kainga, which is at the top of the next page. You have translated there rangatiratanga to mean the full authority. Does the tino give it full exclusive authority? Sorry, Annette, could you just, page 90?

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Wai 1040, #4.1.2 AS MH AS 5 Trans AS If you go up to the top of the page of 91 - - Okay, yes. - - - and that whole phrase you have translated. This is the phrase for the audience: I tana hiahia hoki ki a tohungia ki a rtou o rtou - - - And in her desire to preserve to them their full authority as leaders in their country. - - - rangatiratanga is their full authority and I listened to your discussion about when you get the tino you get the ups, okay, so if we put the tino in, is that, does that make it exclusive authority? I would have thought that it pushes the matters up another peg or two. If it had said rtou tino rangatiratanga - there is a qualitative difference between rtou rangatiratanga and rtou tino rangatiratanga. So the superlative tino is full authority, isnt it? Yes, this is the idea of absolute power and remember earlier, in some of the political definitions of the state they often referred to the state as having the absolute power over life and death, and that is it - if you haven't got that you aint got the state. Now there are some political science but I dont want to go too far on that but just to make a point that, there is a stage in your language where there is no other authority on earth, and the tino rangatiratanga seems to me, as I understand it, in that area. And if I understand your evidence today, both in your interpolations and in the written evidence, Ngpuhi understood that and Mai te Puna must have understood it you said too, Te Heu Heu Tukino and Te Wherowhero understood that absolutely in their decision making process at this time? I would have thought so because I did interviews with people and Tuwharetoa and in fact I have had a lot of students who are Ngati Tuwharetoa and we got them writing essays on the same question: how would you see in your time tino rangatiratanga in Tuwharetoa dialect and there is a consistency that the tino bit gives it a qualitative shift. Did the Pkeh that were there in official capacity on that day, did you think they understood that that very subtle shift in language would have that outcome? That would be hard to say. You would have to name a Pkeh and I could comment on that person. Hobson. You knew Hobson. I dont think Hobson - Hobson himself would not himself have known it. Some of his advisors may have. What we dont know is whether they told him, and that is an unknown, we dont know.

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Wai 1040, #4.1.2 AS That would have been in 1840 - would that have been discoverable soon after though, by linguists? And I am talking Pkeh linguists understanding Mori. It is a very thoughtful question that one because if we refer to characters like Governor Grey, right, remember Governor Grey in his foreword I think it is, or introduction to ng mahinga Tpuna, he talks there about this is my language - being driven nuts by these Moris who keep talking in metaphor and I do not understand what they are talking about. So he set about collecting ng mahinga Tpuna, the thoughts of the rangatira and Mori so he could understand what they were saying because they kept, as he said, talking to me in illusions and analogy and metaphor, and so he collected all those things as a way of helping understand that now To give him some praise, he had become over time reasonably knowledgeable on the deeper side aspects of Mori language and Mori knowledge. Now Hobson was not in his league, neither was Fitzroy and so on. My assumption is that Grey made a very significant but decisive decision to get into the mind of the Mori and to that extent, I go on further, that is why I can see why our people refer to him as the fighting Governor, because this dude knows our thinking. He knows how we behave and so on and so forth and he had counter measures to address that. And so he would have understood there was no session of sovereignty and the thesis that you proposed was what was being proclaimed both in this period and in 1835? Just rephrase that, you are talking about Grey would have known? Yes, Grey would have known. Well, I think so, personally, and I think that is why the British government sent him here. They said he was a modern day Clint Eastwood - put him on a horse, ride into town, sort it all out. I mean, Im sorry I like westerns and I see a lot of them and he strikes me as. I am trying to get us back into Aotearoa and away from American westerns. But just to be clear, are you saying they knew there was no session of sovereignty so they sent the sheriff into town to try and fix it up? That is my assumption, yes. Thank you, I have no further questions. Mr Doogan.

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Michael Doogan questions Manuka Henare [2.32 pm] MD Tena koe, Dr Henare. 40 MH Kia ora.

Wai 1040, #4.1.2 MD As you are aware, I am counsel for Te Aho Claims Alliance and Ngati Hine and I would first like to begin by acknowledging on behalf of my clients, appreciation for your scholarship and your evidence today. I only have a couple of questions and they focus on a concept you describe at page 6 of your brief, paragraph 21 and following, where you say I describe the move by Mori towards nationhood as a conversation that began with another nation, the United Kingdom and that conversation began of course with the visit of Hongi and Waikato. I just want to explore that concept of a conversation and in particular, with reference to the Tribunals statement of issues that focus on what was the Mori understanding of Te Tiriti and what was the nature of the relationship that they were seeking in signing or assenting to that document. There are two aspects of the conversation, are there not, one it is personal in character and it a two way process, would you agree with that? Yes I do. I think that is what was intended when Hone Heke used the phrase to reflect on what had happened since the time of Hongi Hika and others and his uncles and matua prior to his period as emergent Mori leader. Yes, and at paragraph 23 of your brief of evidence you say that Hongi Hika in particular saw himself as being of equal status with King George. Now, Hongi had seen the power of England and he had seen the military power, the economic power, but he came to this view that he was of equal status with King George because that is the way he was treated when he went there, that is correct isnt it? He was treated as a rangatira? Yes, most certainly, but I suspect even before he met the King he had the same attitude. He did not have this attitude of equal status because he met him, he had the attitude before he got there, that he was dealing with the rangatira or Ariki, tuariki kind of thing, so, yes. I phrased it poorly but I think the point of my question was nothing that happened during his time in England caused him to come to a different view, he wasnt treated - it wasnt a parent-child relationship that he had with the King was it? He was treated as an Ariki, as a rangatira? Yes and certainly in the newspaper clippings the stories, whether they be in the papers out of Cambridge or the London Times or other newspapers, I used the expression you have got to sense that they were reporting on a visiting ambassador kind of thing, and he was being treated as no ordinary visitor. Now, just by comparison, about the same time as their visit a rangatira from Hawaii, I forget his name, was also in London and he was treated like a circus case, paraded as a native. Hongi Hika and Waikato were not paraded as natives, they were paraded as emissaries, as a different people and when you read the newspapers and you see who he has had dinner with, who they are meeting with and why they are meeting, in the Bible Society meetings and all that kind of thing, he is almost and now our keynote speaker for this evening is - - - and that is how it goes. So, this was not someone being shown off, here is our native, because that tendency was there.

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Wai 1040, #4.1.2 MD And you go on to say that further layers were added to the conversation with whakaputanga, Te Kara, and you say at paragraph 27 further layers were added to the conversation when Te Tiriti was signed in 1840. So the conversation doesnt stop there, does it? Well, I guess in a Mori sense conversations dont have an end. They basically go on and on and on. We tend to have long memories because you need to remember these things. I would have thought the Crown has got a good experience of long memories in that sense, but in terms of the spirit of what is intended, Mori, Polynesians, Austronesians and I might say many other Asian cultures, operate in different time frames and this is a way I would try to explain the phenomenon of long memories. The need, the necessity to know two or three generations back what happened, and looking into the future. Perhaps there is no accident to reflect on the fact that in places like China, Japan, today when they do strategic planning it is a hundred years, two hundred, three hundred years out. The Western world doesnt do that sort of strategic planning. This is particularly Asian. Perhaps it is no accident that in todays Mori students in business and economics, they want to see a strategic plan out to a hundred, two hundred years. In other words how will our grandchildrens grandchildrens children be fed? When Dr Meta Roberts and I were doing some focus groups among Mori on Mori attitudes to GMO research and it was interesting how kaumtua and kuia addressed the question of the morality or otherwise of GMO research in Mori. Their question was always, how will this affect my grandchildrens grandchildrens children? and you quickly go up to a hundred to two hundred years on that sort of stuff and this is just a - this is your favourite uncles and aunties saying this stuff. So, what I am getting at here is that some writers would refer to that ability of those who are of the metaphoric mind, operate to different time frames that are not lineal, not to do with dates but are very much to do with outcomes, intentions and things like that. What we are getting in this period is that stuff. It is not the dates that are the issue, it is actually the intention. MD 35 Thank you. So looking at the nature of the relationship that the rangatira were seeking or confirming in 1840 and Te Tiriti, you are describing it as another episode in the conversation that has begun in 1820, certainly not the end of the conversation? And the other party to the conversation which is another key aspect of this whole question, another Tribunal issue is how did the Crown understand Te Tiriti and there is a lot of debate about the Crown but I think it is quite clear from your evidence, is it not, that the conversation starting with Hongi was with the Sovereign, the Crown in the Mori understanding was the King or the Queen, that is correct is it not? So Te Tiriti is another episode in the conversation with the Sovereign, that is correct? That is right. I think that was the attitude they had. Remember I posed the question; suddenly the British say we would like to have a treaty with you. Mori did not ask for the treaty, well I have never come across any evidence that had a Mori group asking for a treaty. So this is an initiative from the Crown end, which leads us then to the question, what was the

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Wai 1040, #4.1.2 Crowns purpose, what was their intention and what were the specific outcomes that they were seeking? The British didnt sign; have no history of signing treaties for the fun of it. And so these are legitimate questions to be asked about anything not do with the British and their expanding empire. It might be worthwhile recalling that when the young Victoria came to the throne, the house of Windsor was broke. The reason she was married to Albert, he was a well known fund raiser, to put it bluntly, from Germany, and he did a magnificent job because the house of Windsor is the wealthiest family in the world - or one of them. So, I dont know if that helps or not. MD Okay. Towards the end of your presentation you mentioned the letter that Hone Heke sent to the Queen in, I think you said, 1849. In your Tribes to Nation report, page 161, there is a prcis of that letter and stated in this document at 1847, it may not be the same. Yes, 1847 is a mistake - it should be 1849. Okay. I just want to very briefly read some of the prcis of the letter because I think it illustrates a number of aspects of that conversation you describe. The letter is dated - - What paragraph? It is in the middle two paragraphs of page 161. Thank you. You say that - do you have the report there with you? Sorry, is it the thesis itself, or? It is the Tribes to Nations Report on the Tribunals record, document A16. Can I just check whether I have got it here? I can read out the passage if it helps. Okay. You say that Heke finally sent a letter in Mori to Queen Victoria. He protested that the relationship between Mori and her Majesty was broken and that she was ultimately instrumental in the break through the actions of her officials and quoting from the letter, an English translation: I therefore say who was it sent these people, Busby, Hobson, Fitzroy and Grey, a fighting Governor, here which makes me think that you were the original cause of the dispute between us. You go on to summarise and say that Heke reminded Victoria of the special relationship established between his uncles, Hongi Hika and Waikato and her grandfather King George in 1820, reminding Victoria of what King George had said to Hongi Hika, he requested that she restore the flag of my island of New Zealand and the authority of the land and of the people. If you do this, continued Heke, it will be a sign of your love for New Zealand and for what King George had said to Hongi, for although he

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Wai 1040, #4.1.2 and Hongi are dead, still the conversation lives and it is for you to favour and make much of it for the sake of peace, love and quietness. Now it seems to me that the tone of that letter is very consistent with the nature of the relationship you describe that Hongi Hika had established with Queen Victorias grandfather. Is that fair summary? MH That would be my reading of it too, yes. Basically, Hone Heke is seeing in Victoria someone of his rank; it is not the letter of a subservient person. Now, the Mori text, I have seen it since, and we need to try and do some work on it to see whether the translations done by Greys or the officials, but I do recall in the official records a reference to this is one of three translations, and I think they were busy trying to massage the - I refer to massaging and so when it got to London it didnt annoy the Queen or things like that. So this, we have to assume that the Mori language would be a lot more blunt than the English translation. But the England language translation is fierce enough. I would love to read the Mori. And just finally, at the very end of your presentation, you mentioned some writings from Pompallier around 1847 where he described, used the sailing ship analogy, and I just wanted to be clear whether, when you said that the captain of the ship, that it was okay to bring a captain, was that Pompalliers analogy or were you adding the captain figure in to that description? No that was Pompalliers analogy. That is what he said they told him. So in the thesis there is a discussion there on Kaipuke and how it came to be understood in its time, in the 1830s, 40s and so on and so forth, and it is clear that the rangatira knew that a captain of a trading ship was not necessarily the owner of the ship and that is what they were alluding to and that, to me, was both the analogy but also a metaphor on leadership and the type of leadership expected, of the Crown. And in that instance, was the metaphor that the captain in question was the Governor, and the owners of the ship were the rangatira? So it follows that if the owners say to the captain Dont sail there, he doesnt sail there. Right. Thank you. I have no further questions. If he was a good captain, yes. Mr Irwin.

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Andrew Irwin questions Manuka Henare [2.47 pm] AI Kti tn rawa atu koe e te Matua, , te rangatira tnei te mihi atu ki koe. Trans Greetings to you, sir.

Wai 1040, #4.1.2 AI ?? AI 5 MH I dont take this as any omen. It might be mai tohu. One of the issues before the Tribunal is what the Mori understood Te Tiriti to mean. Would you accept that different Mori may have had different understandings of Te Tiriti? Yes, of course. Primarily, if I can just elaborate. Primarily because as the Treaty was taken through the country, there were different levels of understanding of what was going on, remembering that Ngpuhis relationship with the Crown was dated long before many other parts of the country had had or built up similar relationships. In actual fact, in many tribal areas one of their many ambitions was to get to the same intimate knowledge of the Crown - that was one of their intentional goals. So one would have to assume that as they rolled out the Treaty throughout the country in that seven month period, there would be different understandings of Crown intentions. And would you accept in trying to understand what Mori thought of Te Tiriti, there may be different interpretations as to what they said at the time? That is a very interesting question. But I would have to refer you to other Mori historians, Twharetoa for one, Graces ones, Stagg [ph] was one on Te Arawa, but all those who have written the tribal histories are almost unanimous in saying that their people did not seek sovereignty. So, my interpretation of the history is actually no different to earlier Mori writers on the same question. They had doubts as to whether this actually was intended or occurred so; I have a list in my thesis of all the historians who have argued for cession and those who have argued against cession. So you would accept then that the role of the expert witnesses to assess all plausible alternatives before coming to any one conclusion? Yes, of course and that is precisely what certainly I have tried to do. I have given seminars on Te Tiriti-o-Waitangi. I average about 30 or 49 a year since 1980s and that is all over the country and I have no memory of any tribal group saying to me, Tpuna ceded sovereignty. I dont have a memory of that explicit statement. I would like to discuss with you the speeches at Waitangi on 5th February 1840 and Ms Hogg is going to give you an extract from Colensos account of those speeches. To members of the audience, while this is being handed out, I could not possibly have made enough copies for you all. We will go through this orally, which I understand is your tradition and if we need to I can make more copies. So, Dr Henare, you rely upon extracts from Colensos account in your evidence, dont you? If I could ask you to turn to page 17 and at the bottom I have highlighted a section there. Te Kemara, this is Te Kemara speaking and Te Kemara is the first to speak on that day for rangatira,

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Wai 1040, #4.1.2 isnt he? Sorry, so the question is, Te Kemara is the first to speak from the rangatira? MH AI 5 Yes. Well according to this account, yes. Now the words I have highlighted are the words that immediately precede a quote that you give in your evidence and they are No, no, no, I shall never say yes to your staying. Were all to be on an equality, then perhaps Te Kemara would say yes. As you point out, one of Te Kemaras concerns was his loss of land but it does seem clear that his understanding of Te Tiriti was that the chiefs and the governors would not be on an equal footing. The Governor would be above the chiefs, do you accept that? I know the interpretation well. The trick to understanding some of these is something that Taa Hemi used to speak about frequently and the importance of the little bit of land at the back there, tau rangatira, because it is well known in the north that the decision on Te Tiriti o Waitangi was decided not on February 6th but was fully debated on February 5th, on that little bit of land, that little mound there, called tau rangatira, the standing places. This is local history and that the standard Ngpuhi approach to discourse or a debate is to pick all our opposition speakers first, so it is no accident if this was correct. It is no accident that the first wave of speakers were, No, no, go home, well fink and all that kind of stuff, they were laying on him, and the purpose of that as I understand it is to push the boundaries of the discussion to see what it is that is really intended because we have the same characters coming up with this fierce language and literally signing up an hour or two later and I often wondered whether, gee, Ngpuhis must be very fickle one minute they say this and then they do this. One wonders about these things but understanding the nature of this debate about Te Kemara. If I could ask you to turn the page to page 18 and just at the end of the first main paragraph, this is still Te Kemara speaking: Go back, go back Governor, we do not want thee here in this country and Te Kemara says to thee, go back. Leave to Busby and to Williams to arrange and to settle matters for us natives as here-to-fore. Yes. Now would you accept that in this passage, Te Kemaras understanding of Te Tiriti is that Te Tiriti means that the Governor would arrange and settle matters for Mori? That is - on this account and assuming that Colenso heard right and got it right, that certainly would be an inference you would draw. There is a healthy Ngpuhi scepticism behind the comments and one of the things that I tried to do is how do you deal with this stuff?. Here is a so-called eye witness account, not corroborated by anybody else, no triangulation that we know of, and hand it is very helpful in what he has done. So one of the things that I tried to do from the philosophical point of view was and here I drew, and the Tribunal members know of it - drew on the writings of Martin Heidegger and his understandings of the past, the

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Wai 1040, #4.1.2 present and the future and how it operates, looking for what is being meant when these things are said. Now, that was just to try to go a bit deeper and look past this thing and the problem I always had with Colenso, as helpful as his accounts are, is that they dont give enough detail to really understand the Mori discussion and that is kind of problematic. AI MH AI 10 MH Te Kemara signs the Treaty, doesnt he? Yes. Rewa was the second to speak. Can I just - it does beg an interesting question, eh, well, whats he mean when he says this and why is he signing? It just, because there is no gap in between to saying the answer was given and he was satisfied. All we go is, go home worm, go home fink, we dont want you, that kind of language if you know, I know I am playing round with it, and next minute he is signing up, acceding sovereignty in perpetuity. It is kind of, that is one heck of a swing in a short time. It is plausible that he made a decision that a rangatira might make. He weighed his options, he considered the korero and despite his understanding thought on balance, better to sign? It is possible and I could agree with what you are saying, but the agreement would be couched in these terms: Given that in the preamble he has been assured by the Queen that the Ata noho would - that is life as Te Kemara understands it - is guaranteed and protected then other things in the Mori text will be looked after, and that he would be granted - he would be a British subject if he wished to, and that in the article 4 tika ritenga Mori are protected and they can choose religion of their choice, I could easily see how he saw this was a reasonable deal in the Mori text. Basically he is giving nothing away, all he has done is said you can come and sail my ship, thus the metaphor Te Kaipuke. Rewa spoke after Te Kemara. Yes. And at the top of page 19 Rewa says as Colenso records: What do native men want of the Governor? We are not whites nor foreigners, this country is ours but the land is gone. Nevertheless, we are the governor, we the chiefs of this our fathers land. I will not say yes to the governors remaining. Now would you accept that Rewas understanding of Te Tiriti was that Te Tiriti signified a change in power from the chiefs whom he said were the governor of the land, to the Crown? No, I couldnt accept that because I dont have confidence that Colenso has heard right. I dont have any confidence and this is our problem, we dont know. Taihoa. Let Dr Manuka Henare respond please.

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Wai 1040, #4.1.2 MH The problem with it, I also know about Rewas other aspects to his life and this man is a fighting machine in his day. He led vast armies. This is a man who negotiated the peace between Ngpuhi and Waikato and he took down his niece to marry the younger brother of Te Wherowhero. I mean you are talking here about a character who is of the very, very high ranking position and this kind of comment doesnt make sense, just doesnt make sense and that is the problem. So, one wonders whether for instance, if we were to look but the land, the country is ours, did Rewa say te Kainga? Did he say o matou whenua, our tribal lands, or to matou whenua? Did he say, but the land is gone, did he say wahi whenua? Piece of land. Meaning that little portion of land over there is gone? We dont know and I am not sure that at this stage in his career that Colensos knowledge of Te Reo Mori was as good as it was when he was much older and living in the Hawkes Bay. So here is a young missionary, very much learning the language. So why I have trouble with the questions, I know, and answering it, is that there are too many unknowns for Rewa and a person of this rank. Rewa is up there with Hongi Hika, he is up there with the top of the whakapapa tree for rangatira anywhere in the country and so you kind of give weight to that, you know, so I can't be helpful there. Just to follow on from that, it would make logical sense that this then is exactly what Rewa was saying. He was in opposition at this stage to Te Tiriti, he was speaking against it and he was saying that we are the chiefs, we are the governor, we dont want a governor to come and be above us. So, therefore, this is a good interpretation of what he would be saying? No, but you could well be right and it could well be that he did use the word Kawana because that is the word he would have had to use to get - nevertheless we are the governor, he would have had to use the word Kwana. But we dont know for sure if that is what he said or is that what Colenso hoped he had said? I mean I dont know, that is why I just have all questions. And just one final question before the break - I presume we are taking the break at 3? Well, no, we can - how much longer have you got Mr Irwin? I have a - - I was thinking of going through to probably 3.45 and then breaking then? 3.35? 3.30, lets go through to 3.30 and break then. Rewa goes on to say or at least at Colenso records, What this land to become like Port Jackson and all other land seen or found by the English. No, no. Would you accept that one possible interpretation from this is that Rewa understood that through Te Tiriti, New Zealand would

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Wai 1040, #4.1.2 become a colony of Britain like New South Wales, the capital of which is Port Jackson at this time? MH 5 I think he is probing that to find out Hobsons true intentions. Remember Hobson had never said We are here to colonise the country and we are going to flood out your country with our people. He wrote that, that is what he intended to do. Claudia Orange refers to a letter in 1839 which is sort of one of those letters to his wife saying Well, darling, we are going to flood this country with our people, I just paraphrased that but his brief was very clear and very direct: Get session, get those who signed he whakaputanga to negate their signatures, get full session, get the preemption clause because we are not going to fund immigrants from Britains end, New Zealand will have to fund immigration to New Zealand from the New Zealand end and you will get that by acquiring Mori land at whatever needs to be done, and that will fund immigration - and that is in fact what happened. Now, all of that, as I said earlier today, was never put across to the rangatira. While I have a lot of questions as you can see about Colenso, I do admire the fact that he stood up and challenged. Now other missionaries didnt. They went quiet, compromised they were but they did not challenge because they knew, and in their hearts they thought colonisation would be good but they never declared it. But Colenso, who I am an admirer of, was of a different ilk and he got slapped around a bit in the reply. He is basically a Pontius Pilate thing - I can't be responsible for what they dont know, something to that effect is what Hobson said. Given Colensos intervention on the day, one would expect his interpretation or his recording of the speeches to be, as far as he is able, as correct as possible? Personally, I would think that, yes. I would ask you to turn to page 24 and in the middle section of the page we have Tareha. In his speech and I think you record this in your evidence too, he says: We only are the chiefs rulers, we will not be ruled over. What, thou a foreigner up and I down? Thou high and I, Tareha the great chief of the Ngpuhi tribes, low? No, no, never, never. That is a pretty clear statement. It is, isnt it? Now he also says, and I have just highlighted it at the top of page 25: If all were to be alike, all equal in rank with thee, but thou, the Governor high up, up, up as this tall paddle and I down under beneath? No, no, no. It does seem rather clear that Tarehas view is that Te Tiriti would place the Governor in a rank above the rangatira, above the chiefs? I think you are right there because, again, when we look at the personality that is Tareha and the people that he represents, Ngti Rehia, there are not a people you messed around with. That is their history and he is a big man in many ways, physically very big and things like this, and he clearly has some severe doubt as to the real intentions of Te Tiriti and his statement would be consistent I think with his rank and

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Wai 1040, #4.1.2 his leadership. If this is a true and accurate record of what he says and as I say, on its face value, lets assume that it is reasonably accurate this is what Tareha said. But doesnt this confirm, well it confirms in my mind if I may just elaborate, why I have been saying that these rangatira saw themselves as equal because somewhere in this meeting they must have got the message that Im going to be the top dog and you will be not, and they are all saying that, oh, thats not what we thought, you know. AI 10 MH AI And just to confirm, when you say Im going to be the top dog, you mean the Governor? Hobson, yes. And following on, the Queen will be. Again, if I could ask you to turn the page to page 26. This is Heke speaking. Colenso records him as Hoani Heke but I take it we are talking Hone Heke here? Where is this? It may help if you go back to the very bottom of page 25. Twenty-five, okay. Oh, Hoani Heke , that is right. Matarahurahu, . That is the one. And then if we turn to page 26 in the bottom of the first paragraph. Actually, before I put that to you, Heke is the first to sign Te Tiriti? Yes. And here he says, Yes, it is not for us but for you, our fathers, you missionaries, it is for you to say, to decide what it shall be. It is for you to choose for we are only natives. Who and what are we? Children, yes, children solely. We do not know. Do you then choose for us. You our fathers; you missionaries. Sit I say, Governor, sit, a father, a governor for us. Would you agree that this section can be taken in the sense that Heke in signing Te Tiriti was putting his trust in his faith in the Governor in the missionaries? Yes, and Hone Heke was well know to them, as was Rewa, as were a lot of them took the counsel of the missionaries whether they were Anglican, Wesleyan or Catholic, they listened carefully to what was being said and to that extent, they were keen on getting missionary understandings. My worry is, I said earlier, is some of the missionaries were compromised and failed to give that advice across. So, what you have go here is it not, this is a replay of he matua ki a matou. Is a parent to us. The northern understandings of the matua, and also where he is talking about we are children, I guess if you are a lineal person and you read these things literally, that is what they say. But in he whakaputanga, they talk about tamarikitanga, which is nothing to do in my reading of that of being childish, it just means inexperienced in many ways. So here is a metaphor again. I dont know how good Colenso was at this stage of

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Wai 1040, #4.1.2 understanding metaphorical language. Hone Heke was well know for his metaphoric language so, and yet, this is a man who is a declared Anglican Christian according to his mentors, Henry Williams and others, devout, all those kind of things and this language here, I had trouble equating it to the same man who a few years later, five, seven years later, brought the British Army to a standstill. This is a man saying I am a child, youre the father, youre the mentor and then five or six years later he takes on the British army with Kawiti and others, so I just have trouble reconciling this kind of rangatira, young ebullient, all those things, he has been described as those things by others, but whimpish, kau. AI And just turning to the final sentence that I read to you which was Sit, I say Governor sit, a father, a governor for us. Now, it does seem rather clear that Hekes view was that Te Tiriti meant the Governor would be a governor for Mori. Can I ask you to express your nodding for the record? Sorry, express my? Can you say yes if you - instead of just nodding. Oh, I will stop nodding yes. My body language, okay. No, it is relatively straightforward. Hone Heke, as I mentioned earlier was a close friend to John Baptiste Pompallier, and in Pompalliers diaries, there is an inference that the person who gave to Pompallier the metaphor of the ship was Hone Heke. So, if that is anywhere near true and Pompallier got it right, he heard right, then the idea that according to Ngpuhi, (Hone Heke ma, New Zealand is like a ship which they own), all they have asked the Governor to do is help sail it. Now this fits adequately in how the life of Hone Heke and others we have seen the Governor here to do a certain job, the ownership of things is clear and his task is clear. Just on the other side of the page, so on page 27, I have highlighted a section there and this is Tamati Waka Nene now speaking and he says I, Tamati Waka, say to thee, sit, do not thou go away from us, remain for us a father, a judge, a peacemaker. . He is using different metaphors, different language, but would you accept that in using these words, his understanding of Te Tiriti was that the Governor would be in a position of authority above Mori? No, I wouldnt draw that inference. What - if we were to translate that into Mori, you might end up with something like Matua for father, Kaiwhakaw for judge or something like that, and either rangimarie, tangata rangimarie or a tohunga, hohou rongo, hohau rongo for peacemaker. One assumes that that is what he was saying, Waka Nene. It is a language he would be used to using because he was of that rank also. So none of those - - He kaiwhakaw would have to have the mana to whakawa over people?

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Wai 1040, #4.1.2 MH Yes, to mediate. One of the - again in my thesis I discuss some writings by, what are the nga pumanu a waru, the eight great attributes of Mori leadership. Some of that stuff was written by Te Rangi Kaheke of Te Arawa but also Tikitu who wrote I think 20 years later and one of the eight pumanawa, one of the great virtues of leadership was the mediator, the peacemaker. One of the other attributes, one who could defend the people, so in that list of eight attributes of leadership of the likes of Waka Nene, Hone Heke, Rewa, and others that we can mention, they are expected to be high quality people in those areas, so I am not surprised that Tamati Waka Nene is referring these things to him because they are the very - those things, to be a matua could be a provider for your people, to be a fair and just person, to be a peacemaker - those are all part of the eight attributes of leadership. So I am not surprised that Waka Nene is saying anything other than what he is saying. But he is not saying You are the owner of the ship. You can put that document aside now. Thank you. I would like you to pick up your brief of evidence, paragraph 395. Aperahama Taonui? Now this speech of Aperahama Taonui is at Hokianga on 12 February 1840? Yes. And he was the first to speak that day? Mmhm. The quote you give in your evidence is: We are glad to see the Governor. Let him come to be a governor to the Pkehs. As for us we want no governor. I am not sure if you are aware of this or not, but he did not sign Te Tiriti that day. . And it is implicit, isnt it, in that quote that his understanding of Te Tiriti and his opposition to it was that the Governor would become a governor for Mori? Are you asking me a question or is that? I am asking you that question. Yes. No, I think what Aperahama Taonui, again, look at the character of the man. This is a tohunga, a man gifted in Matakite meaning he could see things that others couldnt see which is the power of the Matakite, and all of his prophecies are about woe betide us if we get too close to these people, so it is really the gist of Taonuis prophecies and you had in the very first week, lots of references to Taonui from Rima Edwards.

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Wai 1040, #4.1.2 Remember this is I think the same man who referred to the Crown as being like a spider that comes in and sucks you of all your blood, quite graphic ways of describing what they saw and so one shouldnt be surprised at this kind of language. There was a view, a very strong view and Hongi Hika had this view. You see his expectation was when they said your people can come and live here in peace, they were not to live here under Mori rule, so to live under their own rules, and therefore they wanted British participation of the behaviour of their own people; Mori were to be looked after by Mori. So Aperahama Taonui is expressing the same kind of sentiment 20 odd years later, there has been no change in attitude on this matter and my own historical reading would be along this line: That what was intended was that, like in India, and possibly in early China, when the British set up enclaves, that is where the British lived and lived according to their rules. Outside their enclave, the local rules prevailed,as in India and China and other parts. Busby was to write extensively about that as one model of the relationship. All that Taonui seems to be doing is expressing something of that possibility. You may remember that I think in Hobsons very first report about New Zealand, he had talked about that model, that the British should have this as part of their economy and set up little enclaves where all the Pkehs would live. That was in 1838 but by 1839 when the policy change took place in London, it changed from that to full colonisation. And so Hobsons initial report was not accepted by the settlers here nor the British authorities. So, all this makes sense, what Taonui is a long winded way of saying, Taonui makes sense. AI Down the bottom of your page of your evidence here, at paragraph 400, the Kaitaia signings. We have, you quote Wero and Wero says We do not want a shepherd, our ancestors were gentlemen many generations back, you find us now so. You may be a good master but shall we not be stopped by you from getting our firewood. Formally we cleared any spot we liked and burned the wood from it but then perhaps someone else came and liked the spot and said that this spot will do for me to build a house on and there a quarrel took place. But it is fair, isnt it, in this quote that one interpretation is that in making this allusion, Weros view was that the Governor would have some form of control over Mori. Of course, yes, of course. I wonder, do you mind if I just elaborate a little bit on that and go back to the analogy of the ship. Mori would know because of our seagoing experience, that Te Kei o te Waka, the head of the waka ruled on the waka, it did not matter who else was in there. And all cultures have this about sailors. So, I think, l do believe they understood that there are certain powers that go with being the captain of a ship and on board there, you must conform, otherwise the ship goes anywhere. I dont want to push that too far other than to make the point that they would have known the difference, he would have known the difference between someone who is the head of a canoe and someone who owns it and things like this and there are forms of behaviour appropriate to whatever is happening. And that brings us to Panakareao. If you turn the page to your page 103. At the very bottom of page 103 of your evidence, you quote Panakareao who was the last speaker that day: We now have a man at the helm.

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Wai 1040, #4.1.2 Before everyone wanted to steer, first one said let me steer and then another said let me steer, but we never went straight. Now we have got a steersman. So I guess there is the direct metaphor of the helmsman at the head of the ship and again, it would be fair to take from this that Panakareaos understanding of Te Tiriti was that the Governor would be in a position above the tribes and the chiefs, in a position to direct them. MH Not above them, but answerable to them is most probably what he was inferring. Again, now Panakareao is one of my ancestors, so I will give the party line here but, again, Panakareao was not a dude you messed with. I beg your pardon? He was not a dude you messed with, right. His job was to defend Te Rarawa. The people who disliked Panakareao the most were some upset Ngpuhi who used to complain on a regular basis to - I am going to enjoy this in this audience - who would complain on a regular basis to Busby, and Busby recorded it, Panakareao and Te Rarawa, oh, no, Ngpuhi would say those troublesome Moris to the north of us and point to Kataia, and Panakareao and Te Rarawa. Now, Te Rarawa have a history with Ngpuhi which they know about, we are not a people to be messed with and Panakareao, his rank - I dont think he was a tuakana, I think he was put there for a purpose which was to defend Te Rarawa against the troublesome Ngpuhi. And to that extent the political agenda of Te Rarawa I think was to have this relationship because we too wanted to export, we too wanted to prosper and things like that. So, the idea, the metaphor of the helmsman sits nicely with the metaphor of Te Kaipuke and some of the Mori texts about this sort of discussion that is the language being used. So, Panakareao saw himself as hiring a captain who will guide the ship to good purposes and for good ends. Panakareao I dont believe ceded sovereignty. So it is implicit, I take it, you would say within this metaphorical language that Mori might have understood what was happening through Te Tiriti as the appointment of a helmsman, but they continued to own the ship, their land was still theirs? I think that is a fair summary I think of the Mori position, yes, and remember the offer was whenua, wahi whenua - small portions of land would be made available to Pkeh who wanted to live here in peace. Because that is the reciprocity. In my writings you would have seen that reciprocity is quite crucial here, so when we look at one side you have got to look at the reciprocity side of it also. Is that an appropriate time to break for afternoon tea? That is a very good time to. We will break for afternoon tea and we will come back at 4, continue with some more questioning and then we also have two other people who are looking to give evidence today. Thank you.

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Wai 1040, #4.1.2 Afternoon Adjournment

WEEK 2 DAY 2 SESSION 3 [3.32 PM] FINISHES WEEK 2 DAY 2 SESSION 4 STARTS
Hearing Resumes 5 ?? people having their own conversations e noho. Greg Davis kia horo, kti r e ttou m We have got further questioning to go so we wont hold back any longer and we will get straight into it. E te Judge Kia ora. Just giving everybody an update on how we will proceed until the end of today. These are long days people and we dont want to hold people here for more longer than we need to. So I have just had a talk with counsel and we are having a bit of a re-jig. We will continue questions from Mr Irwin and then there will be re-examination from Mrs Te Titaha and then we will move to Mr Hone Sadlers evidence because he has got arrangements for tomorrow. And tomorrow morning we will start again at the earlier time of 8.45 and we will start with the evidence of Bishop Te Hara. Okay? Ko n ng whakaritenga m te ahiahi nei Mr Irwin. Dr Henare, tn koe. Now Miss Hogg is handing out a second document and everyone will know this document. It is Te Tiriti-o-Waitangi and the simple reason I have put it there for you is so that it is clear and in front of you. Members of the Tribunal should have it. I have highlighted three sections of Te Tiriti. Now the first section that I have highlighted is from the preamble and it says, and the people in the audience will know this back to front. Kia whakaetia e ng rangatira Mori Te Kwanatanga te Kuini ki ng whi katoa te whenua nei me ng motu and your translation of those words is this, that the Mori chiefs of New Zealand may consent to the governorship of the Queen over all parts of this country and the islands. Now in these words the Queens kwanatanga whatever that term means applies over all parts of the country and islands. Would you accept that? MH AI 35 I certainly accept that thats the intention of the Crown and that Mori were for various reasons going along with it, yes. And the second highlighted section, and this is nearer the end of the preamble the words are, and this is in reference to Wiremu Hopihona and the words that I have highlighted are these, Hei kwana m ng whi katoa Niu Tereni e tukua aianei mua atu ki te Kuini and your translation of those words is this, to be governor for all of those places of New Zealand which may be given up now to the Queen. Now these words convey the intention that kwanatanga, again whatever that term means, would apply to all places in New Zealand where chiefs signed Te Tiriti. Is that fair?

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Wai 1040, #4.1.2 MH AI 5 Well, in the sense that whi, nga wahi katoa all those portions of land that participate in Te Tiriti is the way I would think about that. And the third section that I have highlighted is from the First Article and the words of these, Ka tuku rawa atu ki te Kuini Ingarangi ake tonu atu Te Kwanatanga katoa o rtou whenua and there has been some discussion of these words today. Your translation of the words that Ive highlighted is this, give completely to the Queen of England for ever all the governorship of their country. Now again kwanatanga here, whatever that term means, applies to the all the country of the chiefs. Is that correct? Who are signatories. The chiefs who are signatories. Yes. Would you accept that the Crowns understanding of Te Tiriti was that while sovereignty was being ceded to the Crown, the Crown guaranteed Mori ownership of their lands? Thats what I would have assumed was there. There are just some questions about this. It is still a debate as to the meaning of tuku, tuku atu tuku mai. And it is not clear to me that that debate has been clarified yet, the full meaning of tuku, because in traditional Mori sense, tuku has a number of meanings and sometimes that tuku can last for a substantial period of time. Sometimes it can be for a short period depending on the intentions of the person doing the tuku and the recipient of the tuku has obligations about the relationship that is established through the act of tuku. It is not a neutral position. It is not a neutral relationship. It is intimate, there are obligations and you may remember in my thesis and in other writings I have suggested that in the end Mori philosophy is about humanism and reciprocity. And thats how I would succinctly described Mori philosophy including some metaphysics. And so humanism is the recognition of this intriality of humanity in the great great scheme of things, in the cosmos and so on and so forth. But reciprocity means that in the relationships that the human is engaged in, there are various types of relationships and there is reciprocity involved. So in all this I see implicit in this understanding that the Crown has accepted its obligations that go with the tuku. They do not give free title or anything like that is my appreciation in the context of 1840 of whats happening here. AI MH AI 40 Indeed, Te Tiriti places both literal and implicit obligations on the Crown. On both the recipient and the giver. Coming back to though the Crowns understanding of Te Tiriti that while it was getting sovereignty it was guaranteeing Mori ownership. In deciding how best to translate the word sovereignty it would have been wrong to choose a word or a concept that implied that the Crown owned the land, wouldnt it?

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Wai 1040, #4.1.2 MH Yes. I think if the rangatira had known about the fiction that goes with Crown ownership that in fact the Crown, the English Crown in particular, owns the whole country and even though you might have fee simple in ownership papers, in fact the ownership still stays with the Crown. If that had been explained in all of this then there might have been a different outcome. In other words what we are getting at here is that Hobson was charged with again acquiring the land and turning it into English title. Thats what he was charged to do. That was the outcome of the Treaty. And what I believe Mori thought was happening is that we would give some land for Pkeh to live in, the wahi bit, and the Governor can in this case the Governor, the Queen, can preside over that but Mori land title systems would continue. That leads us to the conjecture that perhaps there was an intention in the Mori mind to eventually see two different types of land title systems. One that locked in the existing one and one that allowed for Pkeh ownership of land. I say it is conjecture because we dont know, but that would be consistent with Aperahama Taonuis observation, that you look after your people, we will look after ours. AI 20 MH But whatever word that was going to be chosen to translate sovereignty needed to separate ownership from authority. Thats fair? That would be difficult I think for a Mori to appreciate in 1840 because if one had mana i te whenua the mana that came from the land that meant one was also able to access and use it, if you know what I mean, and I am not sure that in the Mori mind there are these neat and tidy separations of function. It would have been incongruent or necessarily impossible if you like from a Mori point of view for one group of people to have te mana i te whenua and for a different group to claim ownership to that land. Yes, there would be some difficulties in this period. But dont forget that land use entitlements was given to people and sometimes there was no date put on the when it was to end other than when youve finished using it it returns back to the original giver. This is the point Tranapiri writing Ko te hau t tonga and we get into that question of philosophy as well as metaphysics, especially in the area of metaphysics but land usage stuff and we know that in this period the principles of hau, Mori, all those things, are still supreme. I am not sure whether you are aware of this or not, but in her evidence about the meaning of the words of Te Tiriti Waitangi to the Wanganui Waitangi Tribunal Lindsay Head states that Kwanatanga echoes the Kingitanga in her whakaputanga but the change from king to governor is practical. The change from Kingitanga to kawanatanga is practical, it acknowledges the actual presence in New Zealand of the kawana. Sir, I would like to object to his line of questioning. The evidence of Lindsay Head isnt on the record of inquiry here. It was subject to intense scrutiny in the Wanganui district inquiry and for it to be put as a definitive

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Wai 1040, #4.1.2 position is probably unfair to this witness without him having been able to consider the report in its entirety. JC AI 5 Mr Irwin, taihoa Mr Irwin. Yes, I see no reason sir why I ought not put this question to this witness. I havent put this as a definitive fact. Ive put it as the evidence of Lyndsay Head and Ive invited the witness to consider and comment on that evidence for the benefit of the Tribunal. And so the question is? Or do you want to put it another way rather than using Ms Head as the authoritative person for it. Just is there isnt your question the use of kawanatanga being used later on for a replacement of Kingitanga? Well, if I put the question again, but I would have to voice my objection to not being able to refer to Ms Heads evidence, but I will put the question. Judge, if its any help, I know Lyndsay Heads work very well. So I - - That may solve it all then for us. In fact youve heard the question. Would you like me to repeat it? Yes, please. Somebody states that Kawanatanga echoes the Kingitanga in He Whakaputanga but the change from king to governor is practical. It acknowledges the actual presence in New Zealand of the kawana. Now would you agree with that? It needs some discussion and Lyndsays work as a translator, an interpreter, of Mori texts is reasonably well known. It tends to be I think pragmatist was a good way of putting it. This type of translation work is devoid of metaphorical understandings. And it emphasises the literal meaning of words and when one in an historical sense starts doing literal translations of someone you can end up with some very unusual stories because of the lack of understanding of the metaphor. So thats about as far as I would go in that and it has been a great debate this whole thing and most Mori academics in Mori studies have been looking at it for ages. So its one of those things that you need to look at, but that would be sort of my answer to your question. AI 35 JP JC Someone else also states that it would have been wrong to translate sovereignty in Te Tiriti as man - - Sir, this type of questioning is rather facetious. To mention someone else this is - - That was from my comment to him, Mr Pou, in that I had asked him to rephrase it another way, but I suppose now that given Mr Manuka is aware of Ms Lindsay Heads work you can acknowledge who the authority is.

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Wai 1040, #4.1.2 AI Certainly. Thank you, sir. I certainly had no intention to be facetious. Lindsay Head also states that it would have been wrong to translate sovereignty in Te Tiriti as mana. To do so she says would have been an absurdity to ask the chiefs to give up themselves. Would you accept that? This is my comment would be the problem of translating and interpreting another peoples use of words without historical content in context and all these words are meaningless without the historical understanding so in Dr Lindsay Heads case the paucity of the historical dimensions to the context of the use of words becomes a problem as to what in fact she really means. kti kua mutu i konei ku ptai ki a koe e te Matua e te Rangtira nu, n reira tnei hoki te mihi atu ki a koe me k he atawhai te kiri o t kupu mai, engari he mro he tturu te mauri a t kupu, , n reira tnei te mihi atu ki a koe I conclude my questions here, sir. Thank you. Although your words have been soft you have been staunch and consistent in your argument. Ranginui.

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Ranginui Walker questions Manuka Henare [4.17 pm] RW Tena koe e Manuka, ka nui te mihi atu ki a koe i tmata mai t ttou ra, mahi tnei hora. Manuka Trans RW I would like to commend you for your evidence. You commenced our day with your evidence unto this time. document tabled. The authentic and genuine history of the signing of the Treaty of Waitangi by Colenso. Do you know when that document was written? Which document was it? The Authentic and Genuine History of the Signing of the Treaty of Waitangi by Colenso. The Colenso one, ae. Yes. Now this is the only eyewitness account we have of that signing, is that right? e. When was it written? It was written many years after the event. A little bit like the writing of the Gospels of the New Testament, theyre written nearly a hundred years after well in that case a hundred years after the event, and so the memorialising what Jesus Christ said, its in that context that Colenso I think is operating, as I understand it, I maybe wrong.

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Wai 1040, #4.1.2 RW Thank you. Now you talked about earlier in the day you talked about Busby meeting with the chiefs outside his house. The chiefs didnt go inside the house? According to Busbys letters thats what he said. He - - Why was that? Ah, he doesnt say, but I surmise that in the context of the place and the respect that they gave to both James Busby and his wife, Agnes, I think they I think in my thesis I refer to the fact that hes created a little piece of Scotland in the middle of Mori land and I think they honoured and respected that. So all the krero, as I understand it, tend to be out on the porch or out in the open space in front, depending on the size of the people coming to see him. So that would have been in accord with Mori tkanga, e huihui mui i te whare, n? A meeting in front of the meeting house? I suspect so, yep. Okay, thank you. You talk about Colenso challenging Williams translation. You seem to impute in your evidence that he was challenging more than just the literal translation. MH Yes, as I understand it, he was a bit concern that not everything had been explained to the rangatira and I have drawn a bow and thought that what hes getting at you havent talked about immigration or the full intent of the pre-emption clause, the significance of the pre-emption clause because I couldnt see anything else other than that, that would be a worry to someone like Colenso. Thank you.

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Richard Hill questions Dr Manuka Henare [4.20 pm] RH Tn koe, Manuka. 30 MH RH Kia ora, Richard. Thank you for your very thorough presentation, both verbal and written. I just have one point of clarification and it relates in general to the methodology which you usefully outline when you started. And in that context I was particularly interested in your reference to a wnanga at Kororipo in the inter-war period and you use that wnanga to indicate the nature of the function of the rangatira, and it seems to me that that sounds like very useful evidence and I just wandered if you had more evidence from that wnanga in terms of the beginning of this long conversation which begins in 1820.

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Wai 1040, #4.1.2 MH Yes, and this is where we gave the apology early in the day. Some of thats referred to in the Tribal Landscapes Report and there will be some more coming up in the next report which were still writing on the Te hua alliance where we just sort of elaborating out on those things there, so I do apologise for that. Kia ora, thank you. Oh, if we could explore I could talk to the people who have the records of the wnanga where there are references to the Kororipo departure of Hongi Hika and that because those are in family records, and if the Tribunal would find it helpful we might be able to talk to the whnau to say: Could we have a look at the wnanga and the minutes. Yes, from my point of view that would be quite helpful.

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Judge Coxhead questions Dr Manuka Henare [4.22 pm] JC Ka pai. I just have one ptai and it relates to previously you spoke about the significance of the preamble in setting the basis upon which the Articles would flow and the te noho principle do you just want to explain a bit more whats your view on how that what I took from your krero was that youve promoted it previously when you appeared before the Tribunal as, as a principle of the Treaty for the Tribunal to consider? MH What the thank you for the question, Judge. As I mentioned earlier, these days treaties, free trade agreements, all sorts of things, the kaupapa is spelt out in the preamble, and then what follows all the articles are about the principles in the preamble.

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What I dont know is, what was the thinking in 1840 about preambles of such treaties. I mean it was commonplace and just prior to the hearings I had hoped to get clarification and I couldnt. And Im just suggesting that it would be helpful I think if the Tribunal was able to investigate that area because it seems to me and Ive given reference to some discussion that T Hemi Henare had taken part in prior to the SOE case before the Appeal Court about elements in the preamble. And the way I understand that conversation and the way I had read the document is that the preamble holds the kaupapa, not the articles. And in I believe Ive read most of the books written about the Treaty and most of the books dont delve too much on the preamble, maybe thats a pity, because if it is true that all the rangatira who had these concerns, and theyve been raised in Colensos writings, and lets assume for a moment that Colenso got it right and he was hearing the concerns, the anxieties as I refer to them in the Treaty, then they must have been a swayed somewhere in the process because a lot of them then signed. Now, I wander whether what tipped the balance for some of them who were sceptical, down right opposed, or open to the possibility of whatever the scenario is, where if it was said, but were guaranteed that the way of life, as you know it and have it now, will be guaranteed and protected,

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Wai 1040, #4.1.2 then that would have settled the minds of a lot of people and its quite clear to me that a lot of the rangatira were more hopeful about Te Triti than what was actually in there. 5 There was a lot of hope invested in the support of Te Triti. Some of that hope was shattered within a year or two of its existence, and we know thats on the record, we know that, for instance, Thaire and others were already putting adverts into Auckland newspapers in the early 1840s (cause Ive seen the adverts), complaining: I didnt know thered be so many of these immigrants coming in. They were already protesting about the immigration flow as early as the 1840s/1845. So as it was ruled out then the anxieties really became major ones headaches and in fact it drove some people to war. JC 15 Trans Ka pai. Kua mutu ku krero, ka nui ng mihi ki a koe mai i a mtou katoa, m nei krero me k ng krero hohonu nei, e puta mai i t waha, i puta mai kei mua i a mtou, n reira ka nui te mihi atu ki a koe, me koutou hoki e tautoko nei i a ia, ng mihi ki a koutou katoa. Thank you very much, thank you for this excellent evidence and the depth that you have gone into orally and in your written evidence, you and your supporting group. Tnei te mihi ki a koutou. Just lastly, Ms Te Titaha might have some questions or re-examination for you. Im afraid, sir, I have none now. It appears the Tribunal has stolen my thunder, so no further questions. Thank you. , ng mihi nui ki a koe, Dr Henare. MH JC 30 Kia ora. Yes, now ask Mr Hone Sadler to get ready to prevent his evidence, but before that can I just ng mihi ki a koe e te Pihopa, e Bishop Te Haara, thank you for accommodating the change and making yourself available tomorrow, as we know, Mr Sadler has a meeting that he has to attend tomorrow and is unable to attend the rest of the hearing, so thank you very much for accommodating all of us and returning tomorrow at 8.45 to present your evidence. Tn koutou e pupuri nei i ng huatanga o rtou ma, ka mihi atu au ki a rtou e Te Karauna, tn koutou. Te Tpu, e Te Taraipiunara, ka mihi atu ki a koutou, ki a koutou ng kaumtua i runga i te taumata, tn koutou e awhi nei i a mtou, ki a koe e Pita, ka mihi atu ki a koe. Ka mihi atu ki te reo o ttou rangatira, tn koe e te rangatira e Manuka, tn koe, tn koe me ng krero hohonu, ka hei te rangi o Niu Tireni n reira, ka kore to roa ka mihi e te mea nui, ka t ake ki te tautoko o a ttou rangatira e noho nei, haere mai ng putiputi.

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Wai 1040, #4.1.2 Trans The world of light, greetings to the people of Ngpuhi, holding fast to the traditions and let me acknowledge the Crown team, the top table, thank you to the taumata, thank you for your role and to you, of course, Pita, thank you. Manuka, thank you very much for your in-depth history on our country. I just wanted to stand here to offer my own congratulations come my flowers. WAIATA ?? 10 Trans TA 15 JC HS 20 Taku hiahia e hoa ma, me huihui mai ttou e, ki te mahi a ng hi, ng tonga o a tpuna, te marae i Pirongia, ng tama a rangi nou te reo Come together one and all to do the works left by our ancestors, you as a path into this world. I listen keenly to the voice that cries out. , n reira, piti hono ttai hono, te hunga mate ki a rtou ma, piti hono ttai hono, ko ttou ng kanohi ora e hui nei, n reira huri noa ki ng panga a tnei o ttou whare, tn koutou, tn koutou, tn an ttou katoa. tn koe, tn krua Mr Webster. Kua ka mai tn ra ttou katoa, kia tirohia he horohiwi ki waho kia whakatkitiki, kia whakatkitiki, a ha ha, he kawau, he kawau, he kawau, whakahhuhu, a ha ha, te marae e tau nei, uiui kau ana, rapurapu kau ana kei hea a te waha pp aue, he manu anak, kei hea te waha pangapa. Kei te puke r i miti, kei te puke r i Koreore, kei te puke o Taimai e noho ana a Te Haramiti, ka moe a Te Haramiti, ka moe a Trutu, kia puta ki waho ko Rangik ki te whenua, ka moe a Maroporoa, kia puta ki waho ko Takurua, ka moe a Takurua i a Kuiarua kia puta ki waho, tmua, ko Kawhi, ka rere ki muri ko Rauahine, ka rere ki muri, ko Matawhaua. Ka moe a Kawhi i a Ngarangi, kia puta ki waho ko Hineira, ko Kuiarua, ka moe a Kuiarua i a Takurua, kia puta ko Hineira, ka moe a Hineira i a Karawai Taipa kia puta ki waho tmua, ko Kuao-te-mana ka rere ki muri ko Te Whitianga Te Hingakaha, ka rere ki muri ko Takurua Te Kai-popoa. E te Taraipiunara, tn r koutou, e Te Karauna, tn r koutou, i taki mai nei e ahau, i nei whakapapa i te mea, kia pai atu r ki aku tpuna, te hunga na rtou i tahae o rtou moko tapu ki runga i Te Trti o Waitangi, a Kuao, a Takurua. Me tmata ai e Te Karauna, e Te Taraipiunara, he pukapuka hou ta Hone, e Rangi ko tna ritenga, kahore he tino rerek, ehara i te mea i haere mminga ake mai i tnei huatanga, e Rangi kia tika ai te whakatakoto o ng krero. 40 Ko tku ingoa ki Hone Pereki Saddler, e tuku atu ana ahau nei krero, hei mngai waha krero m ng hap o Ngti Moerewa, otir a Ngti Rangi nama tahi, mku tr, e whakamramatia ai, he aha ai i pr ai. Ko ng krero kei roto i tnei prongo, e tautoko ana i ng krero e tuku

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Wai 1040, #4.1.2 nei e ahau, i te whakawtanga tuatahi i te wiki pahure ake i roto o te marama o ttahi wehewehe, otir o Mei. Ka tmata mai i ng ptaketanga o Ngti Moerewa, ko te ingoa o Ngti Moerewa, he mea ptake mai i te tamhine o Nukutawhiti, tnei ingoa na tana uri, na Utuhanga i tapa. Ko ng whakapapa e pnei ana, Nukutawhiti tna ko Maru, tna ko Ppt, tna ko Tekoroa, tna ko Whai, tna ko Tu, tna ko Tairoa, tna ko Moerewa, ka moe a Runui, kia puta ki waho ko Twhare Ppt ana ko Twhare-kakaho tna ko Te toko-o-te-rangi, tna ko Taura-i-tepo, tna ko Tawake-hunga, tna ko Te Ika o Te Awa, tna ko Utuhanga, ki te wahine, nn i tapa te ingoa o Ngti Moerewa, engari ko te rpopototanga o tnei whakapapa, tmata mai a Nukutawhiti, otir, tae tonu ki a Moerewarewa, ko tana tamhine, ko tua whakapapa an. He whakapapa an ta Ngti Moerewa, mai i a Rhiri, i ana heke o te taitama wahine, o te taitama tane, otir i a Uenuku, Kuare, i a Whakaruru, ko tana tamaiti i a Kaharau. A Rhiri ka moe a Ahuiti, kia puta ki waho ko Uenuku, ka moe a Kareariki, kia puta ko Maikuku ka moe i a Pakaroa, kia puta ki waho ko Torongare, ka moe i a Hauhau, kia puta ki waho, ko Te Ao-ngau, a, ka moe tna i a Heketini, kia maha r ki tnei ingoa o Te Rangiheketini, ka puta ko tupu a rangi, ka moe a Te Hei-maria, ka puta ko Whakahotu, ka moe a Whakahotu ka moe a Utuhanga, ka puta ko Hau, ka moe i a Taratikitiki, ka puta ko Kawhi, ka moe a Ngarangi, ka puta ko Kuiarua, ka moe a Takurua, ka puta ko Hineira, ka moe i a Karawai Taipa. A Rhiri ka moe a Whakaruru, kia puta ki waho ko Kaharau, ka moe a Te Hautaringa kia puta ko Taura-poho, ka moe a Taura-poho, ka moe a Ruaki-whiria, kia puta ki waho ko Tpoto, ka moe a Tpoto i a Kauae, kia puta ki waho ko Korokoro, ka moe a Korokoro i a Wahineiti, kia puta ki waho ko Te Phi, ka moe Te Phi, kia Rua-i-te-horo, kia puta ko Te Hwai, ka moe a Te Hwai i a Keteroro, kia puta ki waho ki Te Kiripte, ka moe a Te Kiripte i a Ngauru, kia puta ki waho ko Karawai, ka moe a Kre-te-parenga, kia puta ko Karawai Taipa, ka moe i a Hineira, kia puta ng tpuna nei, Kuao te mana, Te Whitianga te ringa kaha, taku rua tekau popoa. I nei moenga i honohono ai te heke o Rhiri, ki ttahi o ng heke o Nukutawhiti, kia mrama ai ko ng ingoa o ku hap, i hua ki te wahine a Ngti Moerewa, kia moerewarewa a Ngti Rangi ki a Te Rangiheketini, me tna heke. I konei hau ka k ai he tino take ta ng wahine ki roto i ng kaupapa trangap o aua w, ko tnei mana tuku iho i mua noa mai, i Te Trti o Waitangi, ka tukuna e whakahotu i tnei mana ki tana tamhine, ki a Kahru, na ko na mana, he mana raupatu, he ringa kaha, he mana rhui, he mana whakahere ki ng whi katoa mai i a Kaikou a tae noa atu r ki te riu o Mangakhia, Bob, kahore ana au kia tae noa atu ki a koe. na mana, i heke mai na tana tpuna, ana tana matua, i a Whakahotu, i ng r, ko te ingoa o Ngti Rangi, i ptake k mai i a Te Rangiheketini, otir, kia tupu a Rangi, Ngti Rangi i heke mai i ng tamariki a Hau rua

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Wai 1040, #4.1.2 ko Taratikitiki, ko Kawhi te tukana, atu i muri, ko Rau-wahine, i muri mai ko Matawhaua. Rau-wahine, ka moe i a Ngaki, kia puta ko Matahaia, a Matahaia, koia tn ko te tino rangatira, ko Ngti Rangi i tna w, ka moe a Matahaia, ka moe a Rutara, kia puta ki waho tmua ko Te Korohou, ka rere ki muri, ko Te Ao-te-tohunga, he tamariki an rua. Ta Te Korohou, ko Te Hr, t Te Hr, ko Heta, n, ko te uri, ko taku matua i a Ben. Ta Te Ao-te-tohunga, ka moe a Hhtahi, kia puta ki waho ko Ngaro-hiwi, ka moe a Ngaroto, kia puta ki waho ko Kahu, ka moe a Kahu i a T-te-rangi Whiu, waih ki reira. I mea ai i ahau, a Tautoro, ko te Ngti Rangi nama tahi, i te mea, koia tr ko te ohonga o te hap o Ngti Rangi, i te mea i tmata mai, i noho i te whenua o tnei takiwa o Tautoro, otir, nama rua, o te teina i a Rauwahine, kei te ngwha kei tae a mai, nama toru kei Matarua, i te mautanga atu o Heta Te Hr i tana tuhine i a Kahu, i a Hine tuaiwa, kia moe ki a Tterangi Whiu, ka noho ki Matarua. Ko Ngti Rangi te tino hap i tna w i nei takiw, na rtou i whakakaha a Ngpuhi, i te honotanga atu ki a Ngi Twake, i a Ngi Twake, e noho ana ki roto o te W-o-K] i tmata ai i te pakanga ki a Te tiawa, ki roto o Pakanae, ka peia, ng kong uri o Twake Hunga. I ng r t a Ngpuhi whakakaha, ng r t i pei i a Ngti Pou, otir i a Ngti Miro i roto ki Te Pwhairangi, a ka hono mai a Ngti Hine, muri mai koia, ka rahi ake a Ngpuhi. Tnei kinga o Tautoro, e whakataukitia ana e mteateatia ana, ki roto i ng waiata, ki roto i ng karakia, tahi karakia, kua hau atu r ko Kereru, ko Tautoro, haere mai e te huatahi, tere an te whakarawa, toa ana te taitapu i ng ukuinga, ko Parawhenua mea me tna waikaukau, ko Kereru mai a ake, ko Tautoro, nau mai, haere mai, koia r, he whakatautanga atu te iwi. Ko ng p mai oro o Tautoro, ko Taunui, ko Haungaiti, ko Haunganui, ko ng whi tapu, ko Manawah te whare huinga ki motu whrangi, te poronga o ng wnanga o Ngpuhi, i Puketutu. Ko Rotokereru, ko ttahi whi momona i te whenua, i tupu ai ng momo kai ki reira, ko te ingoa o Kereru, e whki atu ana, , ng momo manu i reira, koia i Rhuitia ai, ko ng momo manu o Te Kereru, te kupu p tr, ko Te Weka, ng Kiwi, ko ng kai o roto o te ngahere, ko ng Tawhara, otir, ng huarkau, ko te taraire, te mtai me te hnau, koia tr, ko te mr kai o Ngti Rangi, i tupu ake te taro, he mahinga tpapa. Ko Taunui te maunga tturu e t mai r ki roto o Tautoro, kei runga tnei maunga, i mua ko ng p maioro, otir koia tnei ko ttahi o ng kino maunga tawhito he pahtanga tna i ng tau e hia ki muri. He rangi ktata atu, kei kona n tnei roto e k ana, ko Te Rotokereru, he whi motu kei waenganui i tnei roto, ko Motu Whrangi, koia tnei ko ttahi o ng whi tapu tawhito o te iwi, n rtou tnei whenua, e korerohia tnei ana, haere mai kia tapatapahia t kiri ki Te Ake-rautangi, kia t, kia here r e te riri e.

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Wai 1040, #4.1.2 Ka iri i te kohu ki runga, ka tata hoki i runga o Kereru o ng toka whakaura, hei Motu Whrangi, e te riri e. Kua korerohia ai ng heke mai i a Nukutawhiti, otir, mai i a Ngi Twake, ki a Twake Hunga, ko te mana o Ngti Rangi me Ngti Moerewa, i korerohia nei aha a Matahaia, koia tn ko ttahi o ng tino toa mutunga me k o Ngpuhi katoa, n Matahaia, he tpuna na Heta Te Hr. A Te Hr ko te matua tr a Heta, koia ttahi o ng tino rangatira i te w o He Whakaputanga o Te Rangatiratanga o Niu Tireni me te Trti o Waitangi, he uri ia na Matahaia. Te Mana Whakahere o Ngti Moerewa i riro ki a Karawai, kua oti nei te hu ake nei i ana whakapapa, a Karawai he ingoa n tna, ko Te Kairau, he whakapapa here tna ki a Toho o Te Roroa, n reira he tino here a Te Roroa ki a Tautoro, n runga an i tnei whakapapa o te whanaunatanga, tmata mai i a Pinea ka puta ki waho tmua ko Mheu, ka rere ki muri ko Rangiwhetu m, ko Mheu, ko Tarawamoa, tna ko Te Rangikimihia, tna ko Ngarangi, tna ko Kuiarua, tna ko Hineira, tna ko Kuao, ka rere ki muri ko Te Whitianga, ka rere ki muri ko Takurua. Ta Rangiwhetu ma, tna ko Tora, tna ko Teika Taoroa, tna ko Toa, tna ko Tino, tna ko Waiata, tna ko Toho, na Toho ko Tiopira. Ko ng mana o Karawai, i heke ki tana tamaiti, kia Karawai Taipa, mai i k, ki tana tamaiti matmua, ki a Kuao, , ki ana teina, Te Whitianga Takurua, i korerohia ai e ahau i ng pakanga i pakangatia ai, ki roto o Te Waiwhriki, koni tata mai. N reira e mea ana ahau i taua w, ko te Arikitanga i ora tonu ki roto i tnei iwi, koia ko a mtou whakapapa e k a ana, ko Kuao te mana, ko Te Whitianga Te ringa kaha, ko Takurua te kaipopoa, ko te mahi a te kaipopoa, he tohunga, ko te mana tuku iho o Kuao, kei runga i a Ngti Moerewa, kei runga an i a Tautoro katoa, hore koni atu, hore koni mai. Ka pr katoa ana, ko na mana he raupatu, he ringa kaha, he mana rhui, ko te mutunga kei a ia, te otinga mehemea, ka ora te tangata, ka mate r nei korekau kia ta atu, korekau kia ta mai. Koia tnei ko te mana i puritia e Kuao, te mana, i te w o He Whakaputanga, o Te Rangatiratanga o Niu Tireni me te Trti o Waitangi, ka heke iho ki ana uri whakatupu. Khore a Kuao rua ko Takurua, i hou ki roto i te hainatanga o He Whakaputanga o Te Rangatiratanga o Niu Tireni, engari, he whnaunga tata rtou, ki te hunga i tngia ai o rtou moko ki taua Kawenata, ehara i te mea i noho kuare ki r huatanga, kua mrama k rtou. Ka taka mai ki rtou uri, i pr ai te pupuri i te mana, ka haere i a rtou, otir, me rtou whenua katoa, koia, ka whakaatu ai, ka tautoko a Kuao, a Takurua, i ng mahi i mahitia o rtou whnaunga, engari, a Kuao rua ko Takurua, i tngia ai o rua moko ki runga i Trti o Waitangi i te ono o Pepuere, kotahi mano, waru rau, wh tekau ng tau, ki Waitangi. I te w i hainangia ai i Te Trti ka tukuna atu ki ng kai haina, he whakaahua o taua hainatanga, kei a mtou e pupuri tonu ana i ttahi o aua truatanga, i pupuritia mai i te w i o mtou tpuna, tae noa ki nei r.

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Wai 1040, #4.1.2 Atia, ko ng whakapapa o Ngti Moerewa ttahi na taha, i heke mai i roto i te Hokianga, ko na here i here k mai ki roto o na whanaungatanga ki roto i te taitama wahine. Mai i Tautoro, ko te putanga ake o Ngti Moerewa ki te moana, i puta ake mai i tnei taha i ng putanga o Ngi Twake ki roto i Te Kerikeri, engari, he herea n Ngti Moerewa, ki roto o Te Roroa i na whanaunatanga, he putanga an ki reira, ki te taitama tane, me te taitama wahine. Ko te tino kaupapa i mohiotia ai rtou o Te Trti o Waitangi, he mea hokohoko, i te mea, ko ng mahinga kai o roto o tr takiw o Ngti Rangi, o Ngti Moerewa, hei tuku kai. N reira, horekau ki o rtou raruraru, ki te haina i Te Trti, he aha ai, i te mea, ko rtou an o rtou rangatira, horekau k he mea ta atu, ko rtou an, ko rtou rangatira. Horekau k o rtou awangawanga, ki te mea, tnei hunga e noho k ana i te tua kinga a i te tua whenua, ka waih ake, m ng whnaunga, te taitama tane, ko te taitama wahine, hei tiaki mai i wr o rtou pnga E hara i te mea he kuare ana a rtou ki ng nohonga a te Pkeha, i te mea ko tahi Pkeha i tae mai r ki roto i a mtou noho ai, he huihuinga an a rtou, i a w, i a w, ki o rtou whnaunga, engari, i taua w rtou toro, ko tna ao, he ao Mori nahenahe. 20 He Whakaputanga o Te Rangatiratanga o Niu Tireni me Te Trti o Waitangi, he mea tautoko atu, he mea whakakaha ai i te mana tuku iho, i puritia e Kuao, n reira, a Ngti Moerewa i nei r tonu, e mhio, n o rtou tpuna, kihei i tuku i o rtou mana, kia wai ki r nei. Atia te hainatanga o Te Trti, koin r hoki ki ta rtou titiro, e whakaae ana ki te Kwanatanga, e whakaae ana ki a Pkeha ma, kia noho ki tnei whenua, hei a rtou he rangatira ki runga i a rtou, horekau k ki runga i te hunga e noho kinga atu ana. Atia, horekau k he krero mai a Kuao, o Takurua, o Ngti Moerewa engari, kua whakarerea k mai i ng huatanga i roto i na mahi, i haerea k a Ngti Moerewa, ki te tautoko i a Kwiti, i te pakanga ki Ruapekapeka. I mhio atu rtou kei t, he aha r i haere mai ana, n reira, koia tnei tautoko, he whakaaro na rtou, kahore rtou e tautoko ana i te mana o Te Karauna, ki runga i a rtou, koia i haere ki te tautoko i te kaupapa ki Ruapekapeka, maha r ng hau, ko rtou noa na aua whanaungatanga. I taea atu r ahau ki te huihui whakanui m Rupekapeka, kotahi rau, tekau tau, i kon, ka tuku atu r aku whakapapa i roto i aku mihi, ka puta ai te krero a Ngti Manu, kua tae mai a Kuao, n reira ko ng maharatanga, e mau tonu ana i tua w tonu. N reira, kua puritia tonu o mtou tpuna ki nei huatanga me nei kaupapa, e mahara k atu ana. I te w i muri mai i ng pakanga o Hone Heke ma ki Te Karauna, ka tuhia e ia i ttahi reta, he Kwana Kerei, i waiatatia e ku whnaunga taua waiata i te wiki tuatahi, engari, kihei, i whakamrama tika ai ki ng krero e p ana ki tnei waiata, n reira ko tnei aru] muri ake nei, ko ng rangahau a taku tamaiti a John Elliot, he mokopuna n te teina a Tamati Te Maru Pekuru, me na whakamramatanga, n reira me huri hau ki roto i ana kupu, kia mrama ai taku tuku, i ng krero e p ana ki tnei

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Wai 1040, #4.1.2 huatanga, kahore te k patu, e makere noa i te ngutu, he porutu waih i a Kwana i runga ai e, e mtou ana o roto i te hau krero, e herengia koia te rkau ka whiri ai e, te ta whakarangona ng mahi a te arero, ko to tinana r, i waih atu i tawhiti e. Ko to pai reo kau, ka tuku mai ki ahau, kia hua ai ia atu e aro pau mai ana, ka te tiriwa, te ripa ki a Akarana, ka p whea te rae ki Tautoro, ka whakamutua an ng rangi o te whakarongo e. E meinga ana na Hone Heke tnei waiata, i roto i ttahi reta ki te Kwana, he tuku ki Te Kwana i mua tata atu i tana matenga, he mea tuhi a Heke i te rua o ng r o Hurae, i te tau kotahi mano, waru rau, wh tekau ma iwa, nn e noho ake ana ki Tautoro, e whakapaingia ana e Apirana Ngata, he waiata tawhito atu a p an, n Hone Heke i whakawhitiwhiti ng kupu m tana reta, ahatia he aha r nei, n tnei kitenga tuatahi o taua waiata, ka rere mai te kaupapa o roto, ka rangona ki k, ki k huri noa i te motu. N, koinei ahau, ka krero Pkeha, kia mhio ai koutou, he arero Pkeha ta Hone. Trans (Introductory chant by the speaker): It is a kolment that hoots and cries. This marae that ask the question: Where is the voice of the people? Tis only the birds. Where is the voice of man? Tis on the hill at Kaoriori and the Hill at Taimai, it resides at Te Haramiti. Te Haramiti married Trutu and they begat Te Rangikhu-kite-whenua, who married Maratoroa and they begat Takurua the 1st who married Kuiarua and they begat, first Kawhi, followed by Rauahine, followed by Matawhaua. Kawhi married Ngarangi and begat Hineira, Kuiarua. Kuiarua married Takurua and begat Hineira. Hineira married Kawaitaipa and begat Kuaotemana followed by Te Whitianga, followed by Takurua. Members of the Tribunal, greetings, greetings to the Crown. I recited this whakapapa because when we talk of the ancestors those who placed their sacred moko onto the Treaty of Waitangi, Kuao and Takurua. Let me commence: Crown, Tribunal, I have a new book, but it is the same as all the rest of my books. I did not come here in deception, but I want to make it perfectly clear. 35 My name is Hone Pereki Sadler and I offer this evidence as a representative spokesperson for Ngti Moerewa, Ngti Rangi number 1. I will expand on that later. The evidence within this report supports the evidence that I gave at Week 1 last month. 40 Commencing at the origins of Ngti Moerewa: Ngti Moerewas name comes from the daughter of Nukutawhiti, this name was given by her descendant Utuhanga, the genealogy goes thus: Nukutawhiti had Mru, Terepapa, Tekoroa, Tewhai, Tua, Pairoa, unto Moerewa who married Runui, they begat Twharepapa who begat Twharekakaho who begat Te Toko-o-te-rangi who begat Taura-i-te-p

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Wai 1040, #4.1.2 who begat Twekahua who begat Te-Ika-o-te-awa who begat Utuhanga, to the woman who gave the name for Ngti Moerewa. But the abbreviation of this whakapapa commences from Nukutawhiti unto Moerewarewa, his daughter in that whakapapa. 5 Ngti Moerewa also has a whakapapa, commencing with Rhiri through descendants of the east coast and west coast, through Uenuku, Kuare and Whakaruru and his child Kaharau. Rhiri married Huiti and begat Uenuku who married Kariariki who begat Maikuku who married Huatakaroa and begat Torongare who married Hauhau and begat Te Ao Ngau who married Heketini, and remember this name Te Rangiheketini, and they begat Tupurangi who married his wife and they had Whakahotu who married Utuhanga, and they begat Hauhau who married Paratikitiki who begat Kawhi, who married Ngarangi who begat Kuiarua who married Takurua who begat Hineira who married Karawaitaipa. Rhiri married Whakaruru and begat Kaharau, who begat Te Hautarangi who begat Taurapoho who married Rakiwhiria and they begat Tpoto who married Kauwai and begat Korokoro who married Wahineiti and they begat Te Paahi. 20 Te Paahi married Raitehoro who begat Te Hwai who married Keteroro who begat Te Kiripte who married Ngauru, they begat Karawai who married Kareteparinga who begat Karawaitaipa who married Hineira and they begat these ancestors, Kuaotemana, Tewhitihanga, Teringakaha, Te Kaipopoa and Takurua. These marriages linked the descent lines of Rhiri to one of the descent lines of Nukutawhiti. Let us be clear, these names of my hap are dedicated to women, Ngti Moerewa, to Moerewarewa, Ngti Rangi, to Te Rangiheketini. Here I say the women have a principle place in the politics of the time. This mana comes down through the generations is well before the Treaty of Waitangi. Whakahotu ceded her mana to her daughter, to Kahuru and those mana are mana of plundering land, strong right arm and managing chieftainship all the way to the Mangakahia Valley. Bob, I havent yet reached your regions of influence. 35 That mana descended from her father, the father Whakahotu. The name of Ngti Rangi originates with Te Rangiheketini and Tupurangi. Ngti Rangi descends from the children of Hau and Taratikitiki. Kawhi was the eldest, followed by Rauahine, followed by Matawhaua. Rauahine married Ngaki and they begat Matahaia. Matahaia was the high chief of Ngti Rangi. Matahaia married Ruatara and begat firstly Te Korohu, followed by Te Ao te tohunga and other children. Te Korohu had Te Haara who begat Heta and the descendant is my elder Ben, so I acknowledge Ben, But Te Ao the tohunga married

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Wai 1040, #4.1.2 Huhtahi who begat Ngarowiwi who married Ngaroto and they begat Kahu who married Tterangiwhiu. I state Tautoro of Ngti Rangi number 1 that was the awakening of the hap Ngti Rangi, because it commenced and occupied the land of this region of Tautoro. Number 2, the younger sibling Rauahine are at Ngawha and Taimai and number 3 is at Matarua. When Heta Te Haara and his sister Kahu were married to Tterangiwhiu and stayed at Matarua. Ngti Rangi was the great hap in its time in those regions; it was they who strengthened Ngpuhi. When they joined with Ngi Twake who were located at Te Waoku which commenced with the against Te ti Awa at Pakanai and the descendants of Twakehaanga, it was they who gave strength to Ngpuhi and the expelled Ngti Pou and Ngti Miro from the Pewhairangi. Later, Ngti Hine joined in and hence Ngpuhi became even greater. This place Tautoro has a saying and its chants have been sung of it in the waiata and karakia. Some karakia by Kereru and Paitoro welcome Te Huhatahi and observations to Parawhenua and the waters from Kereru unto Tautoro, welcome and that is a traditional welcome of the people. 20 The p of Tautoro were Taunui, Haungaiti, Haunganui and its whi tapu were Manawahe, Te Wharehuinga ki Matawhrangi, Te Poronga mo ng wnanga o Ngpuhi, Te Puketutu. Rotokereru is a place where it is very productive land and all types of food were growing there. Kereru, the name, tells you of the number of birds there and that is why they preserved the kereru, the pigeon, the weka, the various types of kiwi. And the foods of the forest, the twhara, the berries of the trees, the traire, mtai and hinau, that was the gardens of Ngti Rangi where taro was grown. Taunui was the principle mountain at Tautoro, upon this mountain in the old days were the fortify p and in its time it was a active volcano many hundreds of years ago. Close by is a lake known as Te Roto Kereru. There is an islet called Motuwhrangi, this is one of the ancient sacred places of the people whose land this is and, welcome, may your skin be lacerated by Te Akerautangi, the mist descends upon kereru. I have spoken of the genealogical descent and of Ngi Twake, from Twakehnga. The mana of Ngti Rangi and Ngti Moerewa I spoke of, Matahaia was one of the last great warriors of all of Ngpuhi. Matahaia was an ancestor of Heta Te Haara. Te Haara was a father of Heta, he was one of the high chiefs at the time of the Whakaputanga o Te Rangatiratanga o Niu Treni and Te Triti, a descendant of Matahaia. The mana of Ngti Moerewa rested with Karawai and I have already offered the whakapapa, Karawai had another name, Te Kairau and he has a whakapapa linked to Toho of Te Roroa, and so there are important links between Te Roroa and Tautoro.

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Wai 1040, #4.1.2 And because of this whakapapa and links that began with Pinia who begat, first Heu followed by Rangiwhetuma, Mahiu, Paramoa, who begat Te Rangikimihia, who begat Ngrangi, who begat Kuiarua, who begat Hineira, who begat Kuao, followed by Te Whitihanga, followed by Takurua. Te Rangiwhetuma who begat Tora, who begat Te Ika Tharoa, who begat Toa, who begat Tino, who begat Waiata, who begat Toho. Toho begat Te Opira. 10 The mana Karawai descended unto his child, Karawaitaipa from Ko to his eldest child, Kuao and to his younger siblings Te Whitihanga, Takurua which I refer to about the battles at Te Waiwhriki close by. Therefore I state that at the time the very chiefly lines were still alive in this iwi and thats why our whakapapa states: Kuao had the mana, Te Whitihanga had the strong right hand and Takurua, the work of the kai pp was the task of the tohunga. The mana of Kuao rests upon Ngti Moerewa and upon all of Tautoro, no more, no less. His mana came through taking of land and strong right hand and protecting his lands. He had the last say on whether people lived or died, no one else, and that is the mana that was held by Kuao at the time that He Whakaputanga o Te Rangatiratanga o Niu Treni and Te Triti had descend to his descendants. Kuao and Takurua did not sign He Whakaputanga, but, however, they are close kin who placed their moko on that covenant, not because they were ignorant of the matter, they were clear about these things. Now coming unto their descendants, they similarly held the same stance and that illustrates Kuao and Takurua supported the works of their kin, but Kuao and Takurua their moko they placed upon Te Triti o Waitangi on the 6th of February 1840 at Waitangi, on the day when The Triti was signed and a portrait was given to the signatores of that signing. We have one of the copies of that portrait, it was held by our elders and ancestors and now its held by us. The whakapapa of Ngti Moerewa, one side which descended into Hokianga and the links reached unto the kinship ties on the eastern shores. From Tautoro was the expansion of Ngti Moerewa to the ocean onto this side, encroaching into Ngi Twake and Te Kerikeri. However, Ngti Moerewa also had links to Te Roroa, there was kinship ties there, to the western shores and to the eastern shores. The very reason that The Treaty of Waitangi was as a commercial tool because the gardens of Ngti Rangi and Ngti Moerewa grew food crops, so they had no problems signing Te Triti, because they were their own chiefs, no one was above them. They had no qualms because they were living in land and they left the kin on the west and eastern shores to look after their interests there. They were not ignorant of the Pkeh because some Pkeh lived amongst us, and they had called meetings there for their kin to come, but at the time at Tautoro it was a truly Mori world.

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Wai 1040, #4.1.2 He Whakaputanga and Te Triti o Waitangi were supported and gave strength to the hereditary mana held by Kuao. And so Ngti Moerewa today knows that their ancestors did not cede their mana to anyone. For the signing of The Treaty they agreed with the governorship and they agreed that Pkeh live on this land and that Pkeh have their governors for the Pkeh, but not for them. Kuao or Takurua of Ngti Moerewa did not leave any written statements, but rather their works spoke for them. Ngti Moerewa supported Kawiti at the battle of Ruapekapeka. They knew what was coming and hence their support and that they would not agree to support the mana of the Crown over them, hence their support at the battle of Ruapekapeka and those links are still alive. I went to the celebration of the 110th anniversary of the battle of Ruapekapeka. I gave my whakapapa there in my oratory and Ngti Manu said: Kuao has arrived. And so the memories are strong and fresh. And so our ancestors, we still cleave unto those linkages that our ancestors made. After the battles of Hone Heke against the Crown he wrote a letter to Governor Grey, which was sung by my kin at Week 1, but no clarifications were given for the words of that waiata. And so this following are the researchers of my child, John Elliot, a grandchild of the younger brother of Tmati Te Rangi Pekuru, so let me turn to the report of this child so that I maybe clear in giving the evidence and the text of this waiata. The works of the tongue cannot be hurt and your body resides at a distant land. And your voice comes to me and references to Auckland and Tautoro. It is said that Hone Heke composed this waiata in a letter to Governor Grey; it was shortly before his death Heke wrote this on the 2nd of July 1849 when he was residing at Tautoro. pirana Ngata states that it is an ancient song and Hone Heke changed some lines to suit his letter. But on first seeing this waiata it then became a popular song in all the districts let me turn to the other language so we all know I can speak English. HS 35 This particular waiata accompanied the letter, outlining the frustration that Heke felt about his attempt to secure passage for himself, an elderly relative and family aboard a ship to Auckland to visit the Governor, Sir George Grey. He expressed his desire to visit the governor as a follow on from good words they had made in oath to each other at Te Waimate following hostilities. The letter is a fine example of Mori language and gives an insight into the relationship between the two. This letter and accompanying waiata are worthy of serious academic study. However, more important is its cultural significance to the people of Tairoa and, of course, the first nation people of Ngpuhi. The waiata is used by many other prominent leaders of their day, throughout the remainder of the century. For example, Te Kmara refers to this in 1862: Te Karere Mori; e hoa ko te waiata tnei Heke., kahore te k patu, te makere i te ngutu, te take waiatatia ai taua waiata e Heke, he mea, kia mhio ai koe ko te tangata, kia ora.

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Wai 1040, #4.1.2 Trans HS 5 This is Hekes song. The reason Heke sang the song so that you know that - - - - - friend this was Hekes song, not a threat to strike escape my lips. Hekes reason for reciting this song was that you might know that the men should live. Taurau Tirarau had used a variation of the waiata two years earlier in a letter to the governor, Te Karere Mori 1860. Wiremu Tmihana (the King Maker) had used a variation in a letter as a response to Governor Browns declaration of 1861 to the people of Waikato. His research suggests that this waiata most probably ceased to be sung as the 19th Century drew to an end. Of the many scripts which are written by repositories at the turn of the 20th Century this waiata is absent, perhaps it is the topical nature of the waiata which became less relevant during the close of the 19th Century. Verse 1 in the first line; Khore te k patu. In several translations there has been a tendency to translate the word kore literally that is as a negative marker. The translation by pirana Ngata and Pei Te Hurunui Jones is the only exception. This interpretation of kore as a negative marker in this context is incorrect. In Mori poetry, like any other poetry, words are used to their full and varied meanings. Williams has listed under the third explanation of the term, states that the word can be used for expressing surprise, admiration, distress, etcetera. It may sometimes be translated as how great, this usage is very frequent in poetry. It should be noted that in the large collection of waiata from Ngpuhi, collected during the 19th Century, the text recordings use the kore form as opposed to the common usage in spoken language as khore. I suspect that this is a result of the H sound becoming minimised in the singing and overtime has become redundant whereas in the pros it has remained. In many cases the writer scribe or the scribe is not the actual singer or performer. And in many instances non-Mori wrote word kore as opposed to khore. This poetic use of kore is common in many Mori waiata, as shown in the following two examples. The first is the opening line to a composition by Kawiti not too long after the battle of Rupekapeka with the British forces in 1845. The second is from the third line of a famous lament composed by Pphia of Te Rarawa for his elder brother Tehuhu. Khore te mamae e whi ake nei e - - - How intense the sorrow of love wells up within me. Khore i a nei ko te tohu o te mate - - - It is indeed an omen of death. 40 Interestingly enough the word ehara has a similar facility. Williams comments that in animated narrative it has the following meanings: Without doubt, sure enough, he goes on further to note that in early writings it was common to write ehara as one word or e hara as two words. Te Taura Whiri Te Reo Mori recognise the use of ehara in ordinary language to mean awesome and included in its collection of colloquial

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Wai 1040, #4.1.2 and idiomatic phrases, this meaning of ehara is the language of elderly native speakers throughout the country. For Ngpuhi this has been retained in the phrase ehara mai i tetahi hua or sometimes written as e hara mai separated as e hara mai - - - (two words) ..i ttahi hua. 5 And so, Hone Heke (when he wrote this) he was in residence at Tautoro and he composed this waiata as an attachment to his letter. In both oral and written histories, many people have sought refuge among the people of Tautoro. Hone Heke himself sought refuge here, and when he was injured during the northern wars of the mid-1840s. In many other variations (post the Hone Heke version), Hikurangi is used. Motatau, tu te ao, tu te p, Hikurangi kiekie, whwh, nunui a Uenuku, it is irrefutable that Ngti Hine have a relationship to Hikurangi. It should be noted that this is not a unique one. I will now go on to the period immediately, the signing of the Triti o Waitangi when conflict arose in the north: Ka tao tniga a Hone Heke i te whawhai i te tau, kotahi mano, waru rau, wh tekau, engari, na i runga i ng karakia, ka mau ake ia mai o Hwai ki tr wehenga o Ngti Rangi ki Tautoro, ka mauria ki a Kuao, ki a Takurua, kia whakaora mai. Ko ng pirau o tna tao ttanga i tukuna atu ki ttahi whi, he whi tapu tonu i tnei r, kei kon an o mtou nehu, ng tppaku kei roto i tnei whi, ka noho a heke ki Tautoro, e mhio ana ahau nn ttahi reta i tuku atu, e pnei ana ko tku kinga ko Tautoro. Wh tau i muri mai i te tau, kotahi mano, waru rau, wh tekau ma iwa, tata ki tna matenga, i a ia e noho ana ki Tautoro, ka pngia ai, titongia ai e tnei waiata, Khore te ki patu te makere i te ngutu, n reira, ko na krero, ka p awhea te rae ki Tautoro, Trans Hone Heke was wounded at the battle in 1840, but because of the incantations he was conveyed from Ohawai to Tautoro and taken to Kuao and Takurua to heal him, and the place where the blood and secretions of his wounds were placed at a tapu area. Heke stayed at Tautoro. I know that he sent a letter that says: My home is Tautoro. Four years later in 1849 before his death, when he was staying at Tautoro he wrote this song, Khore te ki patu mkari te ngutu. Therefore, his statements about Tautoro - - 35 HS - - - that there will be storms gathering at Tautoro, as later events illustrate. With that background it is no surprise that the views of Kuao and Heke were maintained by the next generation of leaders. They were immersed in the view that they retain their mana and rangatiratanga and that He Whakaputanga and Te Triti guaranteed this. While these events themselves are outside the Tribunals purview in these hearings, they are relevant to the understanding or our tpuna regarding He Whakaputanga and Te Triti. The mana tuku iho of Kuao passed on to his son Iraia Kuao. While Iraia had an older brother, it was Iraia that carried the mantle of his father. Iraias mother was a woman named Tatitati who was given by Ngti Maru as a wife for Kuao as a tatau pounamu following the battles with Ngti

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Wai 1040, #4.1.2 Maru and Ngti Rangi. Iraias older brother, Te Ware came from a previous marriage to Ngahau who was killed during the battle with Ngti Maru which lead to the tatau pounamu. Te Ware had two daughters, Maraea and Mereana. 5 Whitihanga Kuaos brother had Pehekuru who had Wiremu Pehekuru or W Te Ngaihi, he married his cousin Maraea a daughter of Te Ware. First they had two children who died young. And when she died he married her sister, Mereana, and they had Tmati Te Maru and Paora. Tmati Te Maru is also an important rangatira for Ngti Moerewa in terms of asserting our mana. Firstly, I focus on the actions and views of Iraia Kuao. Iraia had a knowledge of Te Triti as it was signed in his lifetime. He also would have had a firsthand account from his father Kuao and uncle Takurua, what the following shows is that the understanding of our rangatira on He Whakaputanga and Te Triti remained long after 1840 and continues to this day. Iraia was also a member of the Mori parliament known as Te Kotahitanga in 1890 with his Ngti Rangi whanaunga, Heta Te Haara, president of the Mori parliament. They were aware of future consequences if their mana was diminished in any way. In 1887, published by Wilson and Horton and that book is called Wirihana mtou ko Hotene ng kait karana, i te tau kotahi mano, waru rau, waru tekau ma whitu, ko te ture m te whenua papa tupu. Trans HS 25 Published in 1887. And Maihi Kawiti, a son of Te Ruki Kawiti and other leaders expressed their authority to determine outcomes for their ancestral lands based on rights from the Whakaputanga and Te Triti. Furthermore, they claim to exercise the right to self-determination under section 71 of the New Zealand Constitution Act 1852. They declare a self-governing district, made up of eight districts. Iraia was leader of district 6, known as Hikurangi Tautoro District referring to our ancestral maunga. Later in 1903 Iraia Kuao stood on Taunui a Tautoro and pointed out the traditional boundaries of the properties which each family and his hap could claim as their own. His knowledge in this area was exact, the Police Constable from Kaikohe, Tim Cahill acknowledged that the people whose blocks were demarcated all agreed to this and were quite satisfied the proportion given them. Iraia believed vehemently that Te Triti empowered him to exercise his rangatiratanga and mana and determine the management and allocation of his hap lands. Constable Cahill said that Iraia thinks no one has a right to deal with the land except himself. He does not recognise the law in the matter. Iraia stance in the laws introduced by the Crown would lead to a dramatic confrontation with an armed party of Police and troops from Auckland. In the early part of the 20th Century the large stretches of hap land between Tautoro and Kawakawa came under the jurisdiction of the Native Lands Administration Act aimed at giving individual owners the

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Wai 1040, #4.1.2 right to develop or sell their shareholdings. Iraia resented the encroachment of this new legislation on his mana. At a Native Land Court hearing in Kaikohe in April 1903 he made his intentions clear, if the landowners allowed him to partition the land himself - - - said the chief, - - - all would be well. If not, karahe pakara. I will cause trouble and kill. Faced with this ultimatum the court president, Edward Blomfield who was also the local magistrate, asked the 14 claimants to consider withdrawing their claims. They declined to do so and Kuao departed in defiance. I have no more to say he told Blomfield. He then noted: I will ask Teme Kara - - - the Native Minister, James Carol - - - to come and discuss the matter with me. Two weeks later, Carol protected by a pair of plainclothes constables arrived from Wellington to a large and influential gathering of natives and urged Iraia to abide by the new law. Iraia rejected this challenge to his authority and returned to Tautoro. His supporters were numbered about 100, including his sons, Maera, his son Maera, his cousins Wiremu Tekoro o Whiu (Hori Whiu), his nephews Wharamate Tkarawa and Wiremu Pehekuru and others whose descendants still live around Tautoro. At Tautoro there is a proverbial warning: Kaua e t tari anga whariki o Maiwhiti, disturb not the resting mats of Maiwhiti, this is in case his remains maybe blown away as dust in the winds. At this moment it has been apparent that conflict was highly probable. This proverbial saying has been handed down by word of mouth in wnanga as Maiwhiti was an illustrious ancestor of the Tautoro people of Ngti Moerewa, and I have listed that whakapapa and I will leave that there. Tension in the district was rising and Blomfield swore in four Mori special constables to keep him advised of developments. Ohawais parttime district constable, Wiri King, a native constable Beasley, both fluent in Mori, were also instructed to keep the police aware of the happenings in Tautoro. For his part, Iraia was trying to enlist more supporters to his cause and a meeting at Te Iringa he asked the people there to join him but they refused. His own small hap forces were nonetheless considerable. Constable Cahill estimated that they had more than a hundred shotguns, rifles, revolvers and 2,000 rounds of ammunition. The Constable assured his superiors that these warlike stores had not been acquired at Kaikohe. Instead it was thought the guns had been brought in other parts of the north by Pkeh-Moris who then delivered the weapons to the Tautoro people. Doing all he could to avert open warfare was an influential mediator from neighbouring Te Rarawa iwi, Heremia Te Wake I have the descendant of Heremia Tewake and the descendants of Heremia Te Wake have been present. 45 Heremia Te Wake, who was the father of Whina Cooper, he wrote to Minister, James Carol asking: Give Tautoro to me and I will protect until I

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Wai 1040, #4.1.2 am certain that Kuaos heart has softened towards the law. Then the land will revert to Kuao, then Kuao will give it back to the law. Rumours of target practice, 45 firing positions and powerful modern weaponry flew around the district. A messenger sent by Blomfield who saw around 30 armed men in Kuaos whare and the chief was said to have other guns hidden in the loft of his meeting house. Anxious settlers called on the government to come in to their defence. The next Kaikohe Land Court meeting was scheduled for the 14th of September and in an urgent telegram to his inspector in Auckland, Constable Cahill said: I fear there will be trouble on that date. The inspector in charge of the Northland, Auckland and Waikato Police district (John Cullen) became involved. He would later lead an armed party into the Urewera Forest to arrest the Thoe leader, Rua Knana, two of Ruas followers dying in this action. Iraias remote bush settlement, however, could only be approached by men in single file and Cullen thought a direct assault would require a large force of well armed troops as we would have to contend with the full strength of his followers, women included. A subtler tactic was called for. Cullen learnt that two days before the next Land Court meeting, Te Wake and his people were due to meet with Iraia and his leading followers to try and resolve the dispute peacefully. But inspector evidently did not place much faith in these efforts, as the Tautoro people would not be carrying guns at this hui, it provided the ideal opportunity he thought to arrest them. In secrecy 40 artillery men were sent from Auckland to Russell by steamer there to await further orders. Cullen himself travelled to Whangrei with Sergeant Drake and 10 Police Officers armed with short carbine rifles. I succeeded in getting the men away from Auckland without the press knowing anything of our movements he told his Commissioner. We were thus spared the inconvenience of having reporters at our heels and sending sensational statements all over the colony. The Police party travelled north to Kawakawa by train and then by open horse drawn brakes to Ohawai, arriving there on the 11th of September they camped overnight, preparing arrest warrants and checking their equipment and next morning the constables remained behind while Cullen, Blomfield and the mounted men rode the seven miles into Kaikohe. Te Wake and his people were already waiting there. Cullen's informants told him that Iraia and his leading supporters were expecting the Te Rarawa of Matakohekohe, a small settlement about a mile short of Tautoro. Blomfield persuaded the Rarawa party to go out there and meet with Iraia and his people. The Police waiting at Ohawai were contacted and joined the main party 45 minutes later. The mounted men were sent out to Matakohekohe by a back route to block Kuaos escape. They locked the gates across the road and kept watch on the meeting from cover as Cullen and his men approached in the wagons. The Police were able to surround the

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Wai 1040, #4.1.2 gathering unnoticed and took Iraia and his men by surprise. Our people were unharmed and offered no resistance. 20 of them, including Iraia were taken back to Kaikohe Courthouse and charged with threatening to shoot Mr Blomfield and the members of the Block Committee. 5 In his capacity as magistrate, Blomfield remanded the arrested men without bail to allow the Police to cease their weapons. Now you see in Kaikohe there was only a one-room jail, so Cullen hired the solid brick building to allow the Police to cease their weapons. Cullen sorry, Cullen hired solid brick billiard hall which still stands in the main street opposite the Kaikohe Hotel as a temporary detention centre (its still there today, Whare Piriata). The arrested men were taken there and kept under guard. The next morning the artillery men waiting at the wharf at Russell were told their support would not now be required. Cullen and his mounted Police rode out to Tautoro where they found 33 shotguns, most of them old and ineffective. Cullen was certain they were not the best of weapons and through an interpreter told Iraia that he and his men would remain in custody until their entire arms cash was given up. After much discussion Wiremu Te Korohu Whiu accompanied the Police back to Tautoro and revealed the missing weapons of mass destruction and they were: Five rifles, eight revolvers and several more shotguns loaded with homemade bullets and no p repo. Hardly the fearsome arsenal the Police had been lead to expect, but military intelligence is often proven unreliable. After three days and nights in the billiard hall the 20 men were finally released on the 15th of September. Fines arranging from 25 to 100 pounds were imposed on them, along with promises that the court could proceed with hearing claims over the Tautoro land. But chiefs from Te Rarawa acted as guarantors for their good behaviour over the next 12 months. The people of Tautoro continued to pursue in all forums for justice. In the early 1950s Te Maru Pehekuru, a recognised tohunga of his generation, with the other leading kaumtua of Ngpuhi petitioned the Mori Land Court to appoint them as trustees to the coastline and waters of the North Island on behalf of all New Zealand Mori. It was a vision of inclusion (not exclusion), and the judge at the time, Judge Clark said he did not have jurisdiction to make a ruling. He could only rule on fisheries issues. In this new millennium we again continue the legacy of our tpuna. We remain of the view that through He Whakaputanga o Te Rangatiratanga and Te Triti o Waitangi, our rangatiratanga must be recognised and protected. JC Tn koe, Mr Sadler. Mr Irwin, do you have any questions? Kore he ptai, mrama ana ng krero Mr Sadler, ng mihi nui ki a koe m n krero, i ng krero o Iraia, Tamati, na n krero e p ana ki Te Rupekapeka me n waiata kua krero mai nei, n reira ka nui ng mihi ki a koe, tn koe.

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Wai 1040, #4.1.2 Trans No questions because of the clarity, the comprehensive report. I would like to thank you very much for your report, for Iraia, Kuao and Rupekapeka and that waiata, so thank you very much, thank you, Mr Sadler. Kia ora. Now I hand it over now to te taumata, hmai koutou e whakakapi ta ttou --e, kti r e te Judgy, heoi an tahi o ng pnui, heoi an i te tuatahi ehara i te mea, kei au ng mihi engari, kei roto ttou i te pouri me te makariri anei na, na reira, mihi tonu ana ki a koutou katoa, e ng matua, e ng whaea, ahakoa te makariri, e tonu nei ttou ki te kaupapa, n reira tn koutou. E Hone, e Manuka tn krua, Trans 15 Thank you, Judge, just some notices. Its getting very cold now and I want to applaud you, the elders, despite the cold, you have been persistent and steadfast in cleaving unto the matters at hand. Thank you, Hone and Manuka, thank you very much. HS 20 There are I know, it is getting late, there are a couple of pnui that Ive been asked to put across. And the first one is, thank you to Mahurangi and the other volunteers who have helped in the kitchen and the dining room today, we really appreciate it. Kia ora. 25 Ive said earlier that the hap tautoko i te khini pp, Ngti Rehia, Whangaroa me Waimate tae a mai, te Tite, on Thursday Ngti Hau and Ngti Hinu kei roto khini. Ive also been asked to say that, for those who are staying over at the wharehui, the dinner starts at 6.30 pm, you only have an hour, theres a hour for dinner and then the doors will have to be closed at 7.30. Apparently were getting some tourists coming off the road, going in for a kai, so the doors have to be closed. ?? PT 35 Hone, mtou e tiakina Immediately after this can the working party and ihock stay behind, we just need to make sure that the room is ready for tomorrow and then well go for our debrief session in the admin room, but I also want to send out an early pnui too. On June the 30th, which is a Wednesday, Te Kotahitanga o ng hap Ngpuhi is calling a hui at the Parawhenua Marae, it starts at 9.30 am Ill just say it again the 30th of June, which is a Wednesday, Parawhenua Marae, 9.30 am is the powhiri. I say that because we have

HS JC PT

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Wai 1040, #4.1.2 to start making sure that our kaupapa for Weeks 3 and 4 are set, so certainly that is one of the kaupapa. There is another kaupapa for that hui on June the 30th and that is to begin the process of developing our Treaty settlement strategy for ng hap o Ngpuhi. The plan will be laid out at that hui on June the 30th. Heoi an, ko aku pnui, e mhio ana au, kua tae ki te mutunga o t ttou r, engari, he mihi tonu ana ki a koutou katoa, e Te Taraipiunara, tn koutou, tn koutou, kia ora an ttou. 10 Trans I te kaha o Mnuka ki te krero m te Hhi Katorika, ka hoatu te karakia ki te Hhi Mihingare. We now come to the end of the day, but I still want to commend everyone, thank you the Tribunal. Because of Manukas perseverance and efforts in giving his evidence - 15 NG MTEATEA ?? Khore te ki patu, Te makere noa i te ngutu, he porutu waihoa i a Kwana i runga e. E mtou ana roto, ki te hau krero, he here ia koia te rkau kawhiria e, te ta whakarangona ng pahi a te arero, ko tou tinana r i waih atu i Tawhiti e, ko to pai reo kau ka tuku mai ki ahau, kia huaia atu e aro tau mai ana e, ka te tiriwa, te ripa ki a Akarana, ka hua atea, te rae ki Tautoro ka whakangutu ano ng rangi o te whakarongo e i. Kia ora an r koe, e Hone, nu nei i waiata t ttou waiata, n reira e mihi ana ki a koe, e mihi ana hoki ki a koutou katoa, kua tau mai ki roto ki tnei whare, i tnei w ka noi atu au ki t ttou Phopa, mn te whakamutunga o t ttou r, n reira tn koe. Thank you, Hone for the song and I also commend every single one of you who have been here today. At this point Id like to call upon our Bishop to close our day. Kia ora ttou te whanga ki ahau, ka kapi kau ake ta ttou noho i te r nei, koia ka whakap atu ki a Manuka, ki a koe te matua Hone, ka ura kohikohi ng krero, kua tuku atu ki mua i tnei whakaminenga, me te hua o te whakatakoto o ng krero, hei whakatanga m Te Taraipiunara, m Te Karauna e noho nei, ma ttou katoa, ka haere atu. Aroha ana au ki a Pita, kua maua e ia te kpeke, ehara an, kua maua au te kpeke, tn pea ka waiata ttou he waiata, te hua mahana ai i t ttou tinana, te waiata e pnei ana, He Honore. Trans Lets close our day and before I do, thank you Manuka and Hone for the evidence and this evidence will be something for the Crown, the Tribunal and all of us to deliberate. If we sing a song that might warm us up. Our song He Hnore.

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Wai 1040, #4.1.2 ?? He honore, he kororia, maungarongo, ki te whenua, whakaaro pai, ki ng tngata katoa, ake ake, ake ake, Amine, te Atua, te Piringa, tku oranga.

KARAKIA ?? 5 Tuia te rangi e t nei, tia te papa e takoto nei, tui, tui, tuituia, tui ai i runga, tui ai i raro, tui ai i waho, tui ai i roto, tui, tui, tuia, tui ai ki roto ki tn ki tn o ttou te here, kore e taea te wewete, te here kore e taea te momotu, tui, tui, tuia. Tui ai i te ata ki roto i a mtou, kua otia mtou i tnei huihuinga, te whakarongo atu ki nei kai-krero e rua i a Manuka, e Hone, a rua krero kua puta mai, ka tuku mai ki mua i a mtou i te r nei, tukuna mtou kia haere i tnei r, i runga i te ngkau tat, kua oti i a mtou i te ta whiriwhiri, te ta krero ng tanga katoa kei mua i a mtou hui nei, he noi tnei i runga i te ingoa o t tama o t mtou kaiwhakaora, ko Ihu Karaiti, Amine. Kia tau ki a ttou katoa, te atawhai o t ttou Ariki o Ihu Karaiti, me te aroha o te atua, me te whiwhinga tahitanga ki te wairua tapu, ake, ake ake, Amine. Evening Adjournment

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20 Hearing Resumes PT Tn r ttou katoa, kua huihui mai nei ki tnei r hou, te mea, kua tae mai tahi o ttou, me pr ake te krero, kua tae mai te Taraipiunara i mua i a ttou, o rtou hoki ng kaiwhakahaere i te hui i tnei r, n reira, ki a ttou, ko ng mea e krero nei tnei w, e whakahh ana i te tangata, wtea o koutou krero m muri ake, ka puta ai o a koutou krero, i tnei w, ka hoki ttou ki ng tmatanga krero o rtou ma, ko te Amorangi ana ki mua, ko ng Hpai ki muri, kei noi ttou. I te mea tuatahi, he Hmene ma ttou, i tmata ake i t ttou hui, te Hmene i tnei ata, e Te Atua ko Ruia nei. 30 MIHI HMENE ?? E te Atua kua ruia nei, o purapura pai, hmai e koe he ngakau hou, kia tupu ake ai. E Ihu kaua e tukua, kia whakangaromia, me whakatupu ake ia, kia kitea ai ng hua. A, ma te Wairua tapu r, mtou e tiaki, kei hoki ki te mahi h, o mtou ngakau hou. Good morning everyone. Some of us have arrived, our Tribunal is here. and so those who are chatting, can you just quieten down and we can commence with the appropriate ritual. Firstly a hymn. E te Atua kua ruia nei All say it.

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Wai 1040, #4.1.2 KARAKIA ?? E te Ariki, whakarongo mai r ki ng noi a u pononga, kei te tuku atu nei i tnei hora, e Ihowa, tohungia mtou, e t mtou matua nui i te rangi, kia tapu tu ingoa, kia tae mai tu rangatiratanga, kia meatea t e pai ai ki runga ki te whenua, kia rite an hoki t te rangi, hmai ki a mtou aianei, he taro m mtou m tnei r, murua o mtou hara, me mtou hoki e muri nei o te hunga e hara ana ki a mtou, aua hoki mtou e kawea kia whakawaia, engari, whakaorangia mtou i te kino, n an hoki ki te rangatiratanga, te kaha me te korria, ake, ake, ake, Amine. O Lord, listen to our entreaties of your thy servants that we deliver up. O Lord, deliver us. Our Father, who art in heaven, hallowed be thy name. Thy Kingdom come, thy will be done on earth as it is in heaven. Give us this day our daily bread. Forgive us our trespasses as we forgive those who trespass against us, deliver us not into evil, deliver us for thine is the kingdom, the power and the glory for ever and ever, amen. E te Atua, kaha rawa, kia inoitia ki a koe i tnei w, kia tukua mai r tu wairua tapu, tu aroha nui ki roto ki tnei, ki tnei o mtou e huihui nei i tnei r, mu mtou e rahi e toutou, e hmai ki a mtou maramatanga, i roto o mtou whakaaro katoa, kia tau tika ai ng kaupapa o te r i runga, ana te rangimaria, i runga i te pono ki tn ki tn o mtou, e mohio ake ana r i te korokoro i roto i o mtou kore ki te kite haere ana i ng mea katoa, n reira, te noi ki a ttou, tonoa mai koe ki a mtou, e Pa, kei noi ki a koe i tnei, kei titiro atawhai atu ki r o mtou muiui nei e ngoikorengia ana, rtou ng mea e noho ana i te puritanga o rtou, ng mea taenga noa atu r ki ng aitua, i roto o mtou marae, huri noa i te motu, e Pa, ko nei r, ng noi o pononga ki a koe i tnei w, ka noi tonu nei mea katoa an, i runga i te ingoa o t Tama t mtou kaiwhakaora o Ihu Karaiti, kia tau an ki a ttou, te atawhai o t ttou Ariki a Ihu Karaiti, te aroha o te Atua, me te whiwhinga tahitanga, ki te wairua tapu, ake, ake, ake, mine. Kia ora an ttou. O Lord, we pray to you to that you send your blessings and your boundless love upon this congregation and guide and lead us and give us enlightenment so that we may acquit our tasks in faith before we know that you are not here, nothing will be accomplished, so may you come amongst us, O Father we pray to you, and we ask that you care for those who are heavy, those whose bodies are frail in our marae and in the many homes. These prayers we offer up to you, in the name of your Son, our Saviour, Jesus Christ. May the blessings of Christ, love of the Lord, and the Holy Spirit be with us now and forever. Amen. Kia ora e te matua e Bob, nhau r, i whakatwhera ta ttou r, i tuku ng whakamoemiti, ng whakawhetai ki te runga rawa, ng mihi ki a koe. Ng mihi hoki ki a ttou katoa, kua hoki an nei, ki te whakarongo ki ng krero. Thank you, the elder Bob for opening our hui, thank you very much. Good morning everyone who are here today, to listen to the evidence.

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Wai 1040, #4.1.2 JC Just before we start with Bishop Te Haara, just to counsel and to the witnesses who are presenting to day, we are all aware that we have a very ambitious day ahead of us. It is jammed packed with a number of speakers, so we will be looking to move through things as efficiently as possible in order that we can give people their due time so that they can present their evidence to the Tribunal and to all the people gathered today. So we would just ask for everyones co-operation in ensuring that things are moved through as efficiently as possible. 10 JP Just one thing to signal there, sir, while we do appreciate that it is a jammed packed day today, we are looking at the end, and if there is time at the end, I know an intimation has been given that the works of I think it is Kuni Jenkins and Alison Smith would be taken as read. If there is some time, if we do by some like luck have some time at the end of the day I just want to signal to the Tribunal and to the Crown that we are looking at having them fill any time that is left over at the end, because a lot of their evidence was relied upon by Dr Henare yesterday. So if there are questions that have arisen, we are going to try and have them available at the end of the day, if we have time, sir. Hopefully, through everyones efforts, maybe we will be able to proceed through things so there is time at the end of the day, and we could listen to that krero. Yes, sir. But at this moment, once again, thank you Bishop Te Haara, for accommodating us yesterday and moving your presentation to this morning. We will now hand kei a koe te w.

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Ben Te Haara reads to his Brief [8.54 am] BTH Hei tmatanga ake i ng krero, ko te mea tuatahi e mihi ake ki a koe e Bob, n i whakarite t ttou r, kia pai ai te whiti mai i te r, kia tau ai i ng manaakitanga i runga i t ttou Judge, e noho nei, te tmuaki o tnei huihuinga o ttou, me ng mema katoa o Te Taraipiunara, n reira, tn koutou, e te Judge, heoi an, tautoko ana i ng mihi, i ng noi a tnei whnaunga ku ki runga i a ttou katoa, te huihuinga kei konei, kia pai ai te haere o t ttou r i tnei r, n reira, heoi an, hei tmatatanga ake, i mea ttahi o mtou minita kaumtua, Herep Harawira ki a mtou ng pp minita, whakanana t mtauranga ki te wehi ki te Atua, kia tupu ake te tino tamaiti Mori, nn, e wehi ana tnei ki a Te Atua, kia tika ai ki ku kupu krero. Trans Firstly, thank you Bob for our prayers that commenced our day so that the son may shine upon our hui and enlightenment may fall upon our Judge who is convenor of this meeting, and his members of the Tribunal. Greetings Judge; I support the mihi and the prayers that were given for us today so that our hui may run smoothly. So let me commence my evidence. Herepo Harawira is to say us to the young ministers, your

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Wai 1040, #4.1.2 knowledge, be praise to the Lord so that a Mori person may grow to full maturity. BTH 5 I have been asked by the Te Waimate Taimai Alliance to provide evidence to the Waitangi Tribunal in support of the early hearings that are being heard by the Tribunal. I have been asked by the Te Waimate Taiamai Alliance to give evidence because among other things I am the great grandson of Haara who signed Te Triti o Waitangi. My sister Ruru and I maybe two of the oldest surviving members of that Ngti Rangi hap. Although I mentioned I am the great grandson of Haara, through my whakapapa I connect to a number of the marae in and around the area and principally however, I look upon the marae at Te Rwhiti and Ngwha as being the two marae that I am mostly closely connected to. There are close genealogical ties between the many, of the people of Ngwha and the people of Rwhiti. Whether one looks at the Ngi Twake connections, or further afield, I can safely say that I am a member of each of the hap that affiliate to the Rwhiti marae, namely Patukeha, Ngti Kuta, Ngare Raumati. I am also of a Ngti Rangi hap in old hwai, old hwai is now more commonly thought of as being Ngwha and hwai by outsiders. But when, within Ngti Rangi, old hwai is in the area of Te Koro, kia Ttuki marae, there are a number of hap that associate with that marae including Ngti Kiriahi, Te Whnau Wai, Te Uri Taniwh, Ngti Mou, in addition to Ngti Rangi that I mentioned earlier. I am hesitant to list hap and marae in this manner, because it creates the false impression that those are the only hap and marae that I am associated with. Those who are knowledgeable and experience in whakapapa and tikanga Mori will be aware that the lines that connect our people to one another should not be looked at in such a stark fashion. That is to say when one says they are from Ngti Rangi and speaks of their name and marae at Ngwha namely, E Koro kia ttuku, that should not exclude other Ngti Rangi marae at Tautoro and Matarua. Similarly, if one looks at whakapapa in detail, they are able to see that through marriages and other alliances, ones connection to most of the hap in and around the Taiamai and Hokianga is easy to find and connect with. Nonetheless, for the purposes of a brief of evidence I have been asked to present to the Tribunal on behalf of the many hap that associates with Te Waitemate Taimai area. My great grandfather Haara was a signatory to Te Triti o Waitangi. I believe he signed Te Triti o Waitangi at Waitangi on the 6th of February 1840. He also signed the letter to King George IV sent from Kororipo in 1831. I can only assume that he was also present when the discussions about Te Triti took place on the 5th of February 1840. My tpuna, Haara had a son Heta Te Haara. Heta Te Haara is the same Heta Te Haara that was painted by Gottfried Lindauer around the turn of the century. Heta Te Haara had my father Te Rui Kwhe Te Haara, and my father

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Wai 1040, #4.1.2 had me, and I am the last of the sons of Heta Te Haara - the youngest. And all my brothers have all gone, so I am the remnant. Our whnau have, over the years, taken great pride in the fact that our tpuna Haara was signatory to Te Triti o Waitangi. The events that took place in Waitangi have been discussed amongst our whnau and those stories have been handed down from generation to generation. I believe it is fair to describe the deal that was made at Waitangi as being more than a bargain or contract or something that one would look at through western eyes today. Our whnau believe that when our tpuna signed Te Triti o Waitangi he was entering into a solemn covenant that we are obliged today to continue to uphold. Our tpuna did not sign Te Triti o Waitangi with a pen and a signature as we would understand it today. Te Haara signed Te Triti o Waitangi, and went with Bunbury to Ngti Kahungunu to assist in the procuring of signatures from that government. I understand that Haara helped to get the signature of Hpukui to Te Triti o Waitangi. The story that we have been handed we have, have been handed down and is that Haara drew a diagram on the ground to explain to Te Hpukui the relationship between Te Hpukui and the Queen. I would have loved to have seen that diagram myself. From what we are told, if it had not been for the presence of Haara, Te Hpukui may not have signed for Ngti Kahungunu. Unfortunately, Haara drowned somewhere between Poor Knights and Motukkako Poor Knights and the Hole-in-the-Rock famous Hole-inthe-Rock. Apparently he was returning home on his waka and the waka must have overturned in rough weather. He was lost at sea. Not long after that, Ngti Wai went out fishing for sharks and caught a mako. When they opened the mako up, they found inside the mako, a tattooed buttock. Ngti Wai recognised the tattoo and realised that Te Haara had drowned and had been swallowed by parts by a mako. Upon hearing of Haaras drowning, Ngti Rangi came over to what is now Deep Water Cove and had a kawe mate there. They fired off some muskets, broke the muskets, threw them down the cave in Deep Water Cove, and I understand the muskets may still be there. The tradition of firing muskets at a burial is a kawe that is specific to Ngti Rangi, and I cannot explain its origin, but that possibly may be the origin. These days, or days past, when I was a child, three shots were fired off normally with a shotgun when there was a burial of a very important rangitira at Ngti Rangi, or elsewhere. The tkanga has been handed down I suppose, from that time. But with the legality of the day, and the police agreements, safety requirements are have to be made before that can happen today. In my view the place of Te Triti o Waitangi has been set in stone within our whnau. As an example, Te Haaras son Heta, to whom I referred to earlier, continued the work that his father commenced. Heta Te Haara was a contemporary of Penetaui, Taiwhana and Hone Heke Napua. They collectively were very vociferous in advocating for the advancement of Mori in Te Tai Tokerau

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Wai 1040, #4.1.2 Examples of their work they did were, the involvement in the early Mori Kotahitanga parliament. So you have at Kaikohe, Kotahitanga Marae the development of land in Ngti Rangi including mining leases of quicksilver, mercury and sulphur at Ngwha Springs, involvement in the first court cases to protect Mori land, and the re-burying of the Queens soldiers and sailors at St Michaels Church. Heta Te Haara passed away on the 1st of April 1894 and he was 67 years old. Heta Te Haara is buried in the St Michaels Church urupa at Old hwai St Michaels Church is the site of the famous battle between Kawiti, Hone Heke and the British forces five years after the signing of Te Triti o Waitangi, June 1845. History has left out Pene Taui, because it was Pene Tauis p of Ngti Rangi. So sometimes history gets it wrong. His gravestone provides an indication of the regard that Te Haara and Ngti Rangi had for Te Triti o Waitangi. I understand that while the gravestone is that of Heta Te Haara, the inscription on the headstone is one that was put on Heta Te Haaras stone, I presume, to remember his father Haara, who was drowned at sea off Cape Brett. The inscription on Heta Te Haras gravestone says: Ko tnei tangata he rangatira n Ngpuhi, tna hap ko Ngti Rangi, nn i pupuri te rangimarie, he tmuaki ia n Te Trti o Waitangi, i whakawhia ia e ng iwi e rua, o Aotearoa, me Te Waipounamu. Trans This man was a chief of Ngpuhi. Ngati Rangi was his hap. He held fast to the peace and he was a principal in the Treaty of Waitangi, and he elevated and supported both iwi of - - So Haara was obviously being used by early missionaries and others to travel throughout the Tai Tokerau and Te Waipounamu. There is a further inscription at the bottom of the headstone that says: ahakoa, kua mate, e ora ana. Trans 30 BTH Although he has passed on, he lives. Translated the inscription says the man was a Rangitira and a chief of Ngpuhi, his hap being Ngti Rangi. He held steadfastly to peace as one of the founder, tmuaki of Te Triti o Waitangi. He uplifted both the people of New Zealand and the South Island. The inscription at the bottom of the stone says in English although he is deceased, he lives on. The gravestone reminds all of Te Haaras descendants and others about the way in which Ngti Rangi has viewed Te Triti o Waitangi. I have used two words in my translation that I want to speak more of. The first is a reference Te Haara has been the tmuaki o Te Triti o Waitangi. I have translated tmuaki as perhaps as a founder, champion, but it can be more than that. Tmuaki in this context evokes ideas of Te Haara being an advocate, an upholder, protector of Te Triti along with others. Secondly, I have used the word uplifted to refer to whakawahia. Again, in the context it is greater than literally the translation provided. Ka wahia is

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Wai 1040, #4.1.2 often used in the spiritual context to mean to anoint. A priest may anoint his parishioners when they are sick, and I have hoped that the Bishop I think that is a mistake. 5 So, to say Haara merely uplifted all people is to greatly understate what my tpuna life was about. He assisted in paving the way for Mori and Pkeh to try to live together in Aoteroa. But in doing so, I do not believe that my tpuna was giving away their mana or their rights to control the way that they lived and existed. It is not, in my view something that our tpuna entered into lightly. Even when Heta Te Haara passed away, over 50 years after the signing of Te Triti o Waitangi, his people were reminded that his father was, he tmuaki ia o Te Triti o Waitangi. In other words, he was a founder with others of Te Triti o Waitangi. I am proud of what my tpuna Te Haara and his son Heta Te Haara did in their time. My father, in his own life, tried to do the same, and he was named by others Taru. Taru means a follower, a follower of his father and a follower of his grandfather Te Haara. So Taru is a beautiful name and I am just following their footsteps. Pene Tauis headstone reads as follows: He tohu aroha na tutu m Pene Taui, i mate ia, Hrae 30th 1911, he rangatira n Ngpuhi, ko na hap ko Ngti Rangi, Te Whnau Wai, Ngti Kiriahi, ko na tpuna, he kai kwhainga hohourongo he tmuaki ia n Te Trti o Waitangi, he tangata rangimarie, phi raruraru, nn i whakahere te Hainatanga o ng motu e rua o Aotearoa me te Waipounamu, rtou ko na hoa rangatira. Trans 25 A token of love for Pene Taui who passed away July 30th. A chief of Ngpuhi, his hap Ngti Rangi, Te Whanauwai, Ngti Kiriahi and his ancestors were peace-makers, a principal of the Treaty of Waitangi, a man of peaceful disposition, and he managed the signing of and with his friends. A translation of this, Pene Tauis headstone says he was a chief of Ngpuhi. His hap was Ngti Rangi, Te Whanauwai, Ngti Kiriahi, his ancestors were proponents of peace in the area. He was also a supporter of Te Triti of Waitangi, was a peacemaker. He assisted in the signing of Te Triti o Waitangi throughout both islands of New Zealand along with his chiefly colleagues. So they were not the only ones, there were many others like these people. Another example of the headstone is in Waimate; Taimais area is that of Hereora Pene Taui. She was the wife of Pene Taui the 2nd and passed away on the 23rd of July 1987, aged 69. Hereora Pene Taui is also buried at St Michaels Church at Old hwai. Her inscription says: He wahine rangatira n Ngpuhi, ko na hap, ko Ngti Rangi, Te Whnau Wai, Ngti Kiriahi, he kai hpai i Te Trti o Waitangi me te Kotahitanga, he wahine i arohaina nui tia e ng iwi, he ngkau mahaki, ahakoa, kua mate, e ora ana. That translation means she was a chiefly woman of Ngpuhi hap and Ngti Rangi, Te Whnau Wai and Ngti Kiriahi. She upheld Te Triti o Waitangi and Te Kotahitanga. She was a woman greatly loved by all her people and had a kindly heart. An inscription at the foot her headstone again reads. Ahakoa, mate, e ora ana. Translated, means, though they are dead, they still live on.

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Wai 1040, #4.1.2 It is important to understand how our tpuna saw events surrounding Te Triti o Waitangi. Heta Te Haara was largely instrumental in ensuring the re-interment of the remains of the soldiers that had been killed in battle at Ohaeawai. Initially many of the soldiers were interred in a common grave in the vicinity of the old school. The old school site still remains approximately 400 to 500 metres away from St Michaels churchyard. The soldiers themselves were collected and buried together. But from what I understand, it was not on tapu or consecrated ground. So Heta Te Haara proposed that those soldiers should be re-interred in St Michaels church and worked for a number of years with the government to ensure this would happen. The memorial stone was also erected in the cemetery that his descendants might not forget, and the stone says, He tohu tapu tnei o ng hoea, me ng heremana should be, yes its there, o te Kuini, i hinga i te whawhai ki konei o Hwai, i te tau o t ttou Ariki 1845 five years after the signing of Te Triti o Waitangi, ko tnei urup, na ng Mori i whakatakoto, which points to the fact, that we laid this out ourselves. We did not need any assistance from anybody else, i muri iho ki te maungarongo. Translated, that means this is a sacred monument to the soldiers and sailors of the Queen who fell in the battle of Ohaeawai in the year of Our Lord 1845. This cemetery was laid out my Mori after the restoration of peace. This stone is more in the nature of a memorial than a headstone. And initially for the present generation as well; Despite hostilities that may have broken out in the years after the signing of Te Triti o Waitangi Ngti Rangi and the haps associated with the marae at Ngawha, have continued to uphold the views of their tpuna and looked after those who have come to Ngti Rangi, both the living and the dead. There are other similar stones in Taimai area including Hone Pti and Wiremu Hau. Hone Pti is buried at Ranguru urup at Waimate North. I understand the direct descendants of Hone Pti would be likely to speak on his behalf, so I will not dwell on that myself. A more recent stone for the sesquicentennial has the reference No longer are they aliens. And that reference is to the soldiers and ourselves, of being descendants of our ancestors. N reira, e te tpu, e te Judge, ka mutu nei mihi, koinei ng krero, n reira, tn koutou e whakarongo ana i nei kupu krero, tn koutou, tn ttou katoa. Trans 40 AS JC So, Judge, I conclude my evidence here. Thank you for everyone listening to this evidence. Sir, is this witness going to do the other brief? Mr Sharrock, what is the situation? Is Bishop Te Haara looking to do the other brief as well?

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Wai 1040, #4.1.2 GS Yes. Bishop Te Haara, has unfortunately we have had problems with the photocopier in the back, so I have just sir, the situation is that the photocopier in the back is not working. There was a new brief filed last night which was a redaction of the filing from two weeks ago. I filed a memo with it to explain this was to assist with timing. That this evidence is essentially, merely the removal of the specific material on Pontius Pilate; the section that starts with the words The perfect constitutional model - - - or The perfect model - - - which I believe on the original it was the section that started Kwana Pilate, a perfect constitutional model has been deleted. It has been proposed, sir, following further discussions that a modified version of that is to be provided as written evidence for week 3. JC 15 GS JC GS 20 JC So what are you telling me? Is Bishop Haara looking to present the part, but for that, or have we got a new brief, or - - - ? There is a new brief been filed, but it really represents merely a redaction of that section. Well, are you ready to present now, then? I am sorry, sir, the Bishop would actually prefer to defer it. He has just informed me of this. Thank you. Well, Bishop, tn koe m n krero, katahi an koe i whrikihia kei mua i a mtou, kore he ptai mai i Te Karauna, kore he ptai mai i tnei tpu, n reira, ka nui ng mihi ki a koe, tn koe, koutou i tautoko i a ia, tn koutou, kia ora. Thank you for the evidence you have just presented to the evidence we do not the Crown does not have questions, so, thank you very much and thank you to your support group. Mr Pou, while we are moving I will look to you then as to I saw a timetable on the screen which is different from the timetable I have got. Can you just inform the Tribunal as to how we look to proceed for the rest of the day? How we would expect I am just getting a nudge in the ribs just to see if there is a Waiata tautoko, for Bishop Te Haara. There is? That having said, sir, we had envisaged that the Bishop would give his second brief. Now that that is being pulled at the moment, the witness that was to follow was Ms Harawira, but she is not here at the moment. I am not sure if Kngi Taurua is here? Oh, I understand that Ms Merehora Taurua is ready to present, so introduce Mr Jeremy Shoebridge to the Tribunal. He will just move over there. The brief that will be presented will be document number B27. But prior to that being entered in, I can see John Alexanders hand being raised. They probably, rather than a ringatu signal, it is a signal that they are going to sing a waiata for Bishop Te Haara. Alright, let us conclude Bishop Te Haaras appropriately.

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Wai 1040, #4.1.2 ?? Ehara i te mea, tnei t e whakaroro, engari, i te mea, kua mutu t mtou kaumtua Phopa, te krero o ana krero, ko wai a, ka t ki te tautoko i ana krero, he whakanoho tnei t, he whakaranea au ta mtou tautoko i ana krero m tnei r, ka waiata mtou i te waiata, e whakaranea ana ng krero m tnei r, kia ora ttou. I do not want to stand and slow the proceedings but I am here to stand and thank the Bishop, and so we will sing a song of support to conclude his stand in the proceedings.

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WAIATA 10 ?? Apiti hono ttai hono, rtou te hunga kua wheturangitia moe mai rtou, piti hono ttai hono, ko ttou nei ng waihotanga e o ttou matua, e tangi nei, e mihi nei, huri noa i te turu i e t nei, tn koutou, tn koutou, kia ora huihui mai r ttou katoa. Sir, just while we are re-arranging everybody to get them ready for a presentation, I am unsure as to the status of the brief the document number B21, that Bishop Te Haara now does not want to present. Is it being removed from the record or - - - ? Sorry, I understood no, it will still be there, and an amended one was filed last night, but we have yet to receive it. Okay, and then that will replace the one that is on the record? I presume so. Thank you, sir. May it please the Tribunal, I appear on instructions from Ms Ertel and I am assisted today by her learned junior Mr Shoebridge. Prior to the commencement of this matter which has taken us a bit by surprised, I would ask if we could go with our presentation proposal which was Mr Dargarville would do a brief mihi, then Ms Taurua would present, with the aid of a Powerpoint, her brief, and we do not propose to say anything in the interests of time, sir.

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MIHI (Kaumatua) ?? Kia hiwa r, kia hiwa r, kia hiwa r ki r mate, kia hiwa r ki nei mate, kia hiwa r, kia hiwa r. Hutia te rito o te Harakeke, kei hea te kmako e ko, k mai koe te mea rangatira o tnei ao, ka whakahoki atu, te whakapou, he tangata, he tangata, he tangata, he tata, he tata, he tata, he whnaunga, he whnaunga, hoki atu ki ng tpuna e krero nei ttou, huri noa he tangata, n reira tn koutou, e Te Taraipiunara, i mahia a koutou mahi, e whakarongo atu ana, engari, ko te mea pmau, ko te pono me te tika, puta ana i tn, i tn, i tn. Tn i huaki o nei mea, he painga m ttou katoa, kua takahoa tnei i roto i tnei whakapapa o rtou o Ngti Rhiri, e t nei, e rapu nei, kei hea r, ng mea i tupu ake rtou, ng mea i tatoke rtou i roto i whakapapa, ko Waitangi tnei, ko rtou ng rangatira, ko rtou i te kaitiaki m ttou katoa o Te Tai Tokerau, puta noa i te ao whnui o Aotearoa, n reira, e krero atu i

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Wai 1040, #4.1.2 tn, honoa he mihi tna, ki a ttou katoa e Ngpuhi, kia kaha, kia pmau, kia , ahakoa ng taimaha katoa, n reira huri noa, atir, tn koutou, tn koutou, kia ora mai an koutou. Trans 5 Take to heart to follow the facts, that is the main thing I say to thee, it is man, it is man, it is kin, it is kin it is kin, return to our ancestors referred to earlier, but in the end it is man, Greetings to the tribunal who are listening keenly, but we are seeking truth and enlightenment whether there is good for all of us this is my associate in Ngti Rahiri who stands and asks where are the people who were brought up in the knowledge of Waitangi, for they are the guardians for all of us of Te Tai Tokerau and the country, Greetings Ngpuhi be strong be steadfast and maintain constituency despite the burdens Greetings everyone.

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Merehora Taurua reads to her Brief [9.32 am] MT Kia ora koutou e te tpu, kia ora koutou te kotahitanga o Ngpuhi hap. Ng-toki-mata-whao-rua me Moe-kakara ng waka, Thh-nui-o-terangi te tangata, Ahuaiti te tpuna whaea, Hau-e-rua te maunga, whareiti te roto, Waitangi te awa, Pwhairangi te moana, Te Trti o Waitangi Marae te marae, Ngi Thh, Ngti Rhiri, Ngti Kawa, Ngti Manu, Ngti Kuri, Ue-oneone, Ngti Rangi, Ngti Hine, Parawhau o mtou hap, Ngpuhi-nui-tonu te iwi. I am not quite sure why I am standing here giving whakapapa hapu evidence, given that there is a waka with golden teeth running directly towards the direct negotiation finishing line, however. We are here in 2002 to substantial our rangatiratanga and to qualify our losses. Kwanatanga already knows that we were the first and the worst-hit here in Ngpuhi-nui-tonu. We set the foundation for the economic basis of this country, we were pillaged, we were misled and then we were dumped. We remain practically that way today. I look at the whare around me and I am aroha, because you know why payday is not until tomorrow. Payday is not until tomorrow. So we have been there, and we have been there for a long time. I give credence to the speakers before me, Tribunal, and most of what they covered, particularly Dr Henare Manuka, has covered all the technicalities. So I am not here to regurgitate or repeat. However, I just want to clarify that my krero is about rangatiratanga, and rangatiratanga which obviously had laws that went with it. And what we had were laws that were enforced by our people by our rangitira. They were ancestral laws and we had them before 1820, before Hongi Hika went to England to visit the King. We had them before He Wakaputanga was signed. We had them before 1840 and we had them during the 1960s while I was growing up. And rangatiratanga has always been exercised regardless of the documents that the Pkeh thought that they were signing with us. Now, I am talking about L-A-Ws, not L-O-R-Es. Ancestral customary rights laws. And everyone knows those laws incurred decapitation, the ultimate degradation of cannibalism and other things like that, other repulsive consequences. But everyone knew the laws, the laws were tapu, the laws were tapu. And if you breached a tapu, you were punished

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Wai 1040, #4.1.2 by law. And those are the kinds of things that were carrying on right up until the time I was a teenager, when we all knew too that the medicine for not breaking the law was to respect the tapu. It was quite simple. 5 Dr Manuka went through the visit with Hongi with the King in London in 1820. I just wanted to dwell a bit on that alliance, because I support him totally. That alliance was based on mutual respect for each others laws. Hika would protect the missionaries and the King would protect Hikas rangatiratanga. Also, Hika expected that trading and military advantages to remain under his rangatiratanga, and while he was in England, of course we know that the King facilitated his learning curve in terms of politics. Hika died in 1828 and King George in 1830. The key to my krero was about whether Rewa Rewa was told by William Williams, when he was in Australia, it was a complete lie, that the French were coming to take over New Zealand and to seek utu for the death of du Freyne. There was bit of anxiety about that with those rangitira as we all know, so 13 of them wrote to the King William in 1831. I have a Powerpoint that was going to display all these documents, because I was not really given the time to speak to them, but unfortunately my Powerpoint is incompatible with the current programme you are using. So I will just have to carry on. My rangitira Titore signed that petition. Him and seven others from Pewhairangi and five from Hokianga. Titore was Trehas nephew and they lived at Whakataha, and we still own that land today, with other whnau. They lived there from the 1820s. 25 Titores father, Hpai, was Trehas brother, and they were both of ma rangatira toko, ki Ngti Rehia. My grandmother, Arahia Pokai Heihei was the daughter of Pokai Heihei whose father was Hare Te Heihei and Treha was Hares grandfather. Both the petition and the Kings reply, which I was supposed to have up on the board, the Kings reply written by Viscount Godridge, acknowledged Ng Rangatiratanga mtou tpuna. The King was to control Pkeha or else Mori would control them. They would continue their commercial interaction. In 1839 the House of Commons sent Hobson here. I was supposed to have this upon my Powerpoint as well. To govern the Queens subjects in New Zealand, not the native tenths of the sovereignty of such territories, ie our rangitira. Hobson was to respect the right of Mori and add any land voluntarily ceded by the chiefs to the colony of New South Wales, not to thae a country that already belonged to us. Nga Rangitira accepted a governor of the settlers who would act in a consultative manner with the confederation of chiefs in 1835 and again in 1840. They did not accept someone elses rangatiratanga over the rangatiratanga they had enjoyed since 900 AD. Why would they do such a thing? In 1843 the Pakeha rangitira Sir Winston Churchill informs us that at the height of the land rip-offs, Joseph Somes, governor of the New Zealand Company, wrote to the colonial secretary telling him that Hobson, the

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Wai 1040, #4.1.2 person appointed by the government to act on its behalf had no authoritative powers whatsoever, because the Treaty had simply not been ratified by Queen Victoria. In 1865 Busby wrote a book entitled Occupation of New Zealand 1833-1843, which has never been published. And we have got to think about that because Busby assisted in the writing of the documents that we are here for. Busby said it was the duty of people like himself to oppose the unlawful and unjust actions of persons in power. Who knew better than Busby that Pkeh were running rampant over He Whakaputanga me Te Triti, immediately after those documents were signed by our rangitira. So I am talking about laws here. I will not get into too much depth on the laws. We have got experts for those things. But I just want to say two little laws for me, as an adult woman were simply this, one of them was never to harvest kai. You didnt pick pipis; you did not go on the garden or anywhere near kai when you were menstruating. The other one for me is that your whenua, after you had your children, went back into the whenua. So those are just two little laws that I associate with. But there are many more that my whnaunga can mention. As late as 1859/1860, and Vincent OMalley quoted this in one of his reports to the Crown Forest Rental Trust, Kawiti was involved with the execution of a man found guilty of witchcraft. And he was accused of exercising customs of bygone days. At that time Pkeh were allowing witchcraft, you know? But what they did not take into account, that Kawiti was simply enforcing his own laws within his own hap. That was 1859/1860. My father was born in the 1920s. He was names Hone Pokai. Hone Pokai, not only because my grandmother was a Pokai Hei Hei but because of her and her whnaus high regard for our rangitira, Hone Heke Pokai, who chopped the flag down, in blatant opposition to British authority in its entirety. In the 1930s my grandparents named another one of their sons after a tpuna of ours, who was named after Kingi Arapeta in recognition of their rangatiratanga in our whnau hap. Albert Frederick Arthur George later became King George VI. In late 1839/1940, at the onset of World War II and I had this paper clipping, but I've lost it in all my travels Ngpuhi declared war on Germany. Ngpuhi declared war on Germany. My dad and many other 17, 18, and 19 years olds had the covenant of He Whakaputanga me Te Triti engraved on their hearts when they went to the aid of their long time allies of their tpuna, Great Britain. That is why they went. That is why they declared war on Germany. He told me that no way did they want Germans or Japanese taking over us. That was all about rangatiratanga. That was all about rangatiratanga. In the 1960 we had Kooti marae here on this marae. I do not know how many other marae had Kooti marae but we had it here. We all knew the laws here, and we all knew the tapu. Where there is a lot of tapu places in Oromahoe and Waitangi, and most of us growing in my age group knew where those places were.

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Wai 1040, #4.1.2 Also as a youngster I knew that Pouerua o Whare-iti, the Waitangi River, the Waitangi Forest, the Thuna and Pewhairangi belonged to us, but the Treaty grounds were a bit vague to me. But I now realise that they are in the same basket. The reason for that was there was all the krero here and whenever we went up there, when I was younger, it was very, very solemn, but it was very pompous, it was a Pkeh affair up there. So you got the belief, you got the impression that it belonged to them. All the vigorous krero went on here at the marae, and all my kaumtua talked with high regard to Te Triti and He Wakaputanga. They did. They did. As I grew older, through my teenage years, the talk got worse. The talk was deteriorating. Our rangatiratanga was deteriorating. The Treaty was meant to be a good thing, they used to say. We do not play any part in what is supposed to be good for us, they used to say. We get nothing. We are getting nothing. Only the ones rubbing their noses with the Kwanatanga are getting the goods. But we have to make the most of it. This was the krero during the 60s, coming up through the 60s. And everyone was hopeful that things would get better, because our tpuna had a conscientious covenant in those two documents that we try to carry on as growing teenagers. And we heard these things. Next thing it was, Oh, you know anyone who want to buy some land? I have to haere ki Tmaki Makaurau ki te mahi, so with our people hikoi-ing to the cities, in came the other acts and things that took our land. But that is in my wider brief. I am not supposed to go on about that, but I am very passionate about Waitangi. The kawa, the law of whngai atawhai and naming of mokopuna were serious things. They had laws too. Taking a baby from its parents might have seemed heartless and selfish to Pkeh, but the eldest child was always usually taken by the elders, and they were taken to be taught the ways of tuakanatanga. The taking law was accepted by the parents. In my case, my parents did not want to part with their first child, so I was taken, and I never regretted it. The laws around the wahi tapu included where to walk, how far out from them to walk, to bow your head in humility, where you walked, not to sing, and especially not to whistle when you were walking past a urupa or wahi tapu. And you were not even allowed to pick up a stone anywhere in that vicinity. But there were no laws about our right to move around our whenua. You know, one day we would be in Patukawe then we would come over there, picking kaimoana, then we would go back to Oromhoe. We had rangatiratanga, and we were able to do those things. Waitangi was there were no laws about having to have electricity, no laws about having to have sewage or drains, no laws about having to pay rates. I am just alluding to some of the laws of the Pkeh. My tpuna lived in Oromhoe in nikau whare, with dirt floors that actually shone. And I remember those as I was growing up. That was rangatiratanga, because they chose to live that way. They chose the electricity was here, but they chose to live that way. Waitangi was our mahia mataitai from Oromhoe and off the jetty or the bridge or the beach. We used to catch snapper, parore, yellow tail, herrings, karati, trevalley, kahawhai, pakerekere, mullet, spotty dog and piper. Up the Thuna we had ptiki,

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Wai 1040, #4.1.2 we had flounder. We had pipi we had kokata, we had puruwha, kutae, pp, kina. Scallops and crabs washed up with the storms, and I particularly remember my nanny and I and after the tidal wave in 1960, there was heaps. 5 In land at Oromhoe, we had watercress and tuna. But there were laws attached to our kai as well. We all know this. As Mori we know this. Karakia was a must. If the kai was skinny you look for other kai. If someone had drowned you did not look for any kai at all. You waited until the rhui was over. Our laws allowed us to exchange our kai for something else, or, as I have seen in many cases, I have seen people coming home with kai, and someone will walk up to them and say, Thats mine because they already had a tuku, maybe two months later. So we could trade with our kai. As I was growing up Waitangi was covered in gardens. It was all about the commemoration of Te Triti o Waitangi, I recall, I believe, now. We had kumara; we had sweet and maize, knga, watermelon, riwai, pumpkin, kamokamo. At Oromhoe we grew our peruperu and taro. There were laws then about the moon and the time of the year for planting specific kai, and again a law that your first harvest was shared. This is all about in out laws, our rangatiratanga. The laws that everybody is familiar with. Wild figs grew everywhere here in Waitangi when I was a kid. They were for jam, or they were dried and candied. We had other fruit as well, but there was a law about that. Us kids were not allowed to pick those fruit on the trees. We had to wait until they fell. Because all those were kept for jam, for the marae mostly for the marae. Meat was plentiful. Both my grandparents had farms, one in Karetu, and one in romhoe and every time there was a hui or a tangihana their law was to feed their manuhiri, so the grandfathers provided the meat and the grandmothers provided the pickles and the vegetables and the jam. There was a law of koha, and that law and that law of koha evaluated our own rangatiratanga. I saw the picture yesterday that Dr Manuka put up where in those early, early days, those hap knew that that was a kind of contribution that expressed their rangatiratanga. It was to fulfil that law of manaaki for your manuhiri. My mothers mother was Northern English, descended from the baking powder icon John Tucker Edmonds of Christchurch. She was raised and my grandmother was raised in Taiamai/Ngwh and she married Paddy Winiana from Ngti Manu. He descended from the notorious Colonel Winiana of the Ruapekapeka disgrace. My grandparents raised strong men who were brought up hard and became renown woodchoppers, Bill, Taki, Jack, and Pai. The sons were brought up very, very hard. My grandfather was a hard man. They cut the trees to make the fences, to actually erect the fences. They cleared the land, they did all those things that all our parents did, our male parents did. They even re-routed a river running through the middle of the farm. That was also about

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Wai 1040, #4.1.2 rangatiratanga. That was also about the ladies on the other hand, my mother, Pkeh way singing lessons, dancing lessons, piano lessons. Those kinds of things. But those differences between my grandparents taught me the differences between the religions and the Gods. To me there was a Mori God, Pkeh God. I love my grandparents dearly, but they taught me a lot in terms of how they practiced their rangatiratanga in their own ways. I found that there was only one Pkeh God and he demanded, he demanded that you be grateful every day that you were on his holy earth. Fire and brimstone was the thunderous message of the Pkeh God. Just the one. And as a kid I found it really, really hard to give up my silver tuppence to that bully. I really did. But my other grandparents never took me to a church. It was all on the marae, you know? Well, any hui, tangihana, on the marae. And I learned there that the Mori God had many Gods under one main God Io. Io had rangatiratanga; he had tino rangatiratanga over the other Gods, who looked after all of us. It was very different, very different. I am not putting my grandparents down, I am just pointing out the difference that we had to go through, even myself, as a growing person religion was very important to us. I am still a believer today. But these were the differences we had to swing and it started with our Gods. These Gods were all from the same earth, the Pkeh God and the Mori God, except that with the Mori God you had total freedom as long as you obeyed the laws of tapu. That is all it took. Respect for the tapu. All things from the Mori Gods were real, and sometimes intangible like, for instance I have experienced my first ghost when I was about seven. That was a real ghost. But you could not see it, but it was there. Okay? So I believe in ghosts. But the Pkeh God, you could not see, you could not smell, you could not hear, you could not feel. And all I felt for the Pkeh God was fear. And the animal world was also bound in our laws, the morepork he had a good call, and the morepork, to this day I take cognisance of. A lot of people are scared of a morepork, but the morepork for me does the talking. It will tell you when something nice is going to happen, it will warn you if something if you are going to think you are going to step out of line. And it actually has that horrible call when something bad has happened something bad has happened. The night the thuna burnt down here when I was living right across there, it was the morepork. (bird sounds). Up I went. Brought me straight out here, and it was burning. That is the morepork. And those things are important to us as Mori. They warn us when we are about to break the tapu. The Pipiwharauroa the fantail coming into the house bad omen. The skink dropping its tail, warning, don't go there. The frog that made the kiritona that would not go away. You already done it. You know, and Maikuku, our tpuna whaea that was living here in Waitangi and her ana across the river there, she had an affiliation with the dolphins. When I was growing up we also had an affiliation with the dolphins. I met a Pkeh chap one time, as I said, you know, when we went out there and

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Wai 1040, #4.1.2 the dolphins came, we came home. This Pkeh fellow in the flash boat says, Oh, no, no, no, no, he said when you see the dolphins, you know that the fish are there. All different ways, all different ways of how we read nature. 5 It is just like the taking of the fish, you know? It is against the law for us now to catch our karati. But everyone goes for the big ones, by Pkeh law. Anyway, I will not go there. That is my wider brief. But what I want to sum up in saying is that in my personal experiences, more than anything else, and I have done a lot of research for my wider brief, but in my personal experiences, I am convinced that our ancestral laws, our law enforcement and our rangatiratanga were very much alive when I was growing up when I was growing up. I am confident of that. But how more so our tupuna and their tpuna would have been confident in their own rangatiratanga through the 1800s into the early 1900s. And I find from all the research that the Pkehs have written since early 2006, Hello, they see we had rangatiratanga! And that is really good because I just needed to stress to you, the Tribunal, that our tupuna and we had rangatiratanga in the first degree because we had the alliance with the flesh and blood sovereign of the British Empire. But that is I have gone over that in depth in my wider brief, because that involves things like Letters Patent that Robert Muldoon signed in 1983, the Constitution Act section 71 that Manuka talked about. But that is in the wider brief. And that is all I have got to say on that one. But rangatiratanga, I will repeat again, was about our laws, our law enforcement, and those things we definitely had. Kia ora mai ttou. WAIATA ?? 30 Ma wai r, e taurima, te marae i waho nei, ma te tika, ma te pono, me te aroha e.

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MIHI (Kamatua) JC JS Kia ora, Mere. May it please the Tribunal, counsels name is Shoebridge. I appear here for Ms Taurua on behalf of Wai2244. I just wanted to note that we have filed, on behalf of Ms Taurua, a detailed reference list for her brief of evidence B27, which is going to be recorded as B27A. And we also had a Powerpoint presentation which was to go with this, but unfortunately we could not get the two computers to talk to each other. If it is okay with the Tribunal we will file that in the next few days with an explanation about the photos. Leave is granted to file that. hau ng kehua tohi tapu ki roto i te waka

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Wai 1040, #4.1.2 Judge Coxhead questions Merehora Taurua [10.02 am] JC I have one question and it is about the you say the unpublished book written by Busby entitled Occupation of New Zealand. Is that a book or a manuscript or - - 5 MT JC MT As far as I am aware, it is an unpublished manuscript. And where might we be able to find a copy of that? Is it - - That is what I was hoping, the Tribunal would actually I meant to mention that. If the Tribunal could look at having that published, because that man was involved with the writing of the Whakaputanga and the Te Triti, and it would be very good to have in my wider brief I have actually requested that someone look at that book being published. I do not know if we will look to publish it but we will certain try and obtain a copy of it obtain a copy for our sources. Kia ora. Excellent. No further questions. Thank you very much for your presentation. And thank you also for accommodating the changes in the timetable and making yourself available earlier than you were expected. Kia ora. Thank you. Sir, the next person to give to stand before the Tribunal and speak really needs no introduction. It is Titewhai Harawira. Her document number is B12 and her krero, sir, will take us through to the next break. Tn koe, Your Honour. Ms Manu appearing for Mrs Titewhai Harawira. I would like to tender Miss Lukes, Kirsty Lukes apologies. She is at a tangi in Whakatara at the moment, and I have just been informed that I am standing in. Kia ora mai an ttou katoa, ko Anikaaro Harawira taku ingoa, he mokopuna na te whaea nei a Titewhai, heoi an ko tku mahi i te ata nei, he whakamohio atu ki a koutou, ko wai ia, n hea, me ta haere tna krero. Heoi an, ko Hone rua ko Hira aku mtua, he uri mtou n te rohe o Ngti Hau, o roto o Whakapara, e pnei ana te pepeh. Ko Huruiki maunga atu i te ao, t te p, kua whakapare e kpikopiko nei puta noa, Ngti Hau ki te whakatau mai i te tini, ki te tea o te ihu o nehua, ko Patuone tr i tat mai i te waka o Ngtokimatawhaorua, e t nei i tnei o ana mokopuna, he uri n te wharetapu o Ngpuhi, ko Anikaaro Harawira. I runga an i tr, ko tna t i te r nei, e p ana ki tna aitanga ki roto i tnei o ng huatanga, ahakoa, mai i 1840 tae noa ora mai r ki te tau rua mano tekau, Trans 40 My name is Anikaaro Harawira, I am a grandchild of Titewhai. My task this morning is to advise you who she is, where she is from. Hona and Hira are my parents. We are descendants from Ngti Hau from

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Wai 1040, #4.1.2 Whakapara, and here is the saying: Huruiki is the mountain. Whakapare is the river, Ngti Hau who welcomes the people Te Ihi o Nehu and Patuone of the Ngtokimatawhaorua, I stand here descendant of this sacred house of Ngpuhi, and on that, who stand today and who is her involvement in these matters. Although from 1840 to 2010, for 50 years she has held staunch to these issues, so I acknowledge her. My Grandmother with her colourful attire I hope that our Hui goes well, this is Anikaaro for Te Karere. AH 10 It is a forever changing movement. I think rima tekau tau a ia e mau pmau ana ki tnei o ng huatanga, and she has always had one main point, one view never changed. N reira, e mihi ana ki a ia, tpiri an hoki tr, what you fellows see is what you fellow see, but I know her on a different standard, ko tku karani tn, a ia me tna tini kara nei, waiporoporo, mwhero, i ahau e t ana i tna taha, I look like the black stripe on the rainbow, pai ana tr, heoi an, mihi ana ki taku karani, ko te tmanako, kia pai te haere o tnei o ng hui, kua wwahi an i ng krero, ko Anikaaro tnei m Te Karere.

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Wai 1040, #4.1.2 action of the Prime Minister to interfere with the Treaty Minister, the Crown solicitors, the Crown negotiators, and cut right across and say, It is not going to happen like that. And we are no different, Ngpuhi do not get comfortable. We know our tupuna did not cede sovereignty. But at the stroke of the pen we can be denied the rights that belong to the Ngpuhi nation. Right up until this week the Mori Party has taken onboard what our people asked for a review and our right to go back to Court, but in our heart of hearts, we wanted the government to accept that the takutai moana belongs to us. Were they ever going to accept it? No. So if our krero Ngpuhi is based on our tpuna did not cede sovereignty, then what chance have we got of a just outcome? What chance have we got? But ever hopeful we are as Mori. Never give up, ever. We would not have got our fisheries, our airwaves, our language or anything today if we had given up those years ago. I also want to say that I have watched the success of New Zealand at the soccer last night. Absolutely wonderful, tumeke, too neat alright. You know, from our little Aotearoa we can shape and shape the things of the future, for our country and for our people. And our tpuna did just that, as they travelled the world, they shaped, they drew up, they supported the covenants that were registered in Ngpuhi to maintain our rights as a Ngpuhi nation. And to the Crown representatives today, how dare you come to Ngpuhi and walk over my tpuna and the rights of Ngpuhi? How dare you question our kaumtua as they give of the evidence that is so obvious? How dare you for me as a woman my action to the Crown is to lift my skirt in disgust to you. And I do not have a problem doing that. My name is Titewhai Harawira, I am a kuia of Ngpuhi, teenage kuia. And I stand here today to represent, as a mandated representative of Ngti Hau. I am the great granddaughter; great-great granddaughter of Eruera, Maihi, Patuone and Tamati Waka Nene, was my great-great granduncle. I am a direct descendant of those illustrious chiefs of Ngpuhi. Like everyone here today, we are descendant, first of all from the Gods, secondly from the chiefs. There are many here today that are my close kin. Some of them do not want to know me, and that is fine by me too. But Ngpuhi I am to the back teeth, and that is what I am going to be all and for the rest of my life. Over my life I have spoken about many things, and not often about my tpuna. And in this context, Your Honour, I do not give my whakapapa. Why? Because the Crown walks on our whakapapa with no respect, no regard. No matter how we whakapapa, no matter how we tang, all they are interested in selling a mining right to mine our takutai moana, to steal our whenua and to justify it with what. I have spoken many times about many things, favoured amongst topics is my iwi. I love my iwi and I love my people. Today is new for me. Today I want to talk a little about myself, my whnau and hopefully to bring to bear the things we believe in, the values we trust and why we see the world the way we do. Mind you, I see the world from a different

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Wai 1040, #4.1.2 perspective to most Moris. So let us be honest, folks, not too many of us have got enough courage to get up and tell the Judge to go and get lost, and everybody else. For me the exercise of our mana, our tino rangatiratanga, was and is always about the right to make our own decisions in our own land. It was part of our whakapapa, and came down from the tpuna. It was something so special, our people were prepared to guard it with their lives, and die for it if need be. Kia ora to our tpuna o Ngpuhi. How we as Ngpuhi react and relate with this world is unique. It is special. Our history and whakapapa is unique and special to us. It colours our attitudes and behaviours, informs language, fixes our values, and tells us the things we should aspire to achieve. Tell me what document in the history of this world claims to sign away these very human cultural strengths except at the end of a gun barrel. Te Triti o Waitangi is a declaration of fact. Te Triti o Waitangi is a declaration of fact. These are the homelands of Ngpuhi. Ngpuhi people here it is our tkanga, our values, our identity, our language, our whakawhanaungatanga that is superior. My great-great grandfather did not would never did not and would never surrender these things, the life blood of the iwi. They did not; they would never give up the lifeblood of the iwi. Our tpuna were forward thinking people. They were always looking for ways to improve their lives, and how they governed themselves. That is why we took up the new technologies and went trading in the years before Te Triti o Waitangi. It was why we decided to improve shipping levies, impose shipping levies on visitors too. We were a resourceful and smart people and still are. We have not changed. It is in our genes, we are good looking and we are Ngpuhi. When more and more Pkehs started coming here and ignoring our rules with repercussions, and not listening to our people we were resourceful again, and that is why in 1835 we decided He Whakaputanga, a declaration to the world that we were an independent nation capable of governing ourselves, and would continue to do so. Ngpuhi set up a new body to do that, Te Whakaminenga to bring together several independent iwi and hapu, to act interdependently and make some government decisions together. That was a hundred years before Pkeh thought of United Nations or the European Union. Smart people? Absolutely. The declaration then is the key to everything because of the ideas behind it. It tells us how we governed for hundreds of years and tells us that in Te Triti we would never have given that authority away. In the early 1970s I was one of many founding members of Ng Tamatoa which emerged to address the injustices Mori faced. We fought hard for our rights as Mori, our land and culture, as well as to confront injustices perpetuated by the New Zealand government. Ng Tamatoa achieved many great things during the 1970s which raised the awareness of the injustices inflicted on Mori through the Crowns continual denial of Te Triti o Waitangi. The year 2010 do we need another Ng Tamatoa movement? Yes, we do. We have become too complacent with the pen,

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Wai 1040, #4.1.2 submissions, advisory boards; give us a break. The only time we win anything is when we stand up collectively and let it be known, enough is enough. 5 Having been part of that krero with Matt Rata those years back about the Tribunal, the krero way back then was Are we setting up something that is going to take away our right to stand up and protest? Is this going to make us too complacent? And, of course, those of us with big mouths, we did not win that argument. But do we need that sort of action today? What have we gained from the government? What? Are they here to listen to us? Have they funded our kaumtua and kuia to give their evidence? No, they have not. But they have got resources by the thousands to tell us our tpuna ceded sovereignty. In 1972 we presented a petition to parliament signed by 32,000 people seeking that Te Reo Mori be taught at schools. Has it been taught at schools? Is it in the curriculum? No, it is not. This has been considered a precursor to the establishment of Kohanga Reo and Kura Kaupapa, as well as the passing of the Mori Language Act 1987. This gave Te Reo Mori official language status. In 1975 we were instrumental in the organisation of the 1975 land march which was lead by our beloved kuia, Whina Cooper. At this time I was employed by the government working for Kia Ora, Toll Exchange here. And I asked for time off because I wanted to be a part of the organising committee for the land march. But I was told, You work for the government, you cannot organise to march against the government. So I said, well, here is your salary, and your job, I am out of here. I am out of here. We continued to raise prejudice awareness and strengthened our resolve for our people to do things for ourselves. What came out of the land march? A huge awareness for us as a Mori nation, that we have rights, we have Treaty rights, we have human rights. Above all, Ngpuhi, the whenua is Mori land. It belongs to us. From the land march came Bastion Point, and didnt we have a good time there with the worst arrests in this country? The Raglan Golf Course, Moutoa Gardens, kia ora Triana, you should remember that Moutoa Gardens, and where you came from, when you are compromising with our kaupapa and parliament, with John Key. John Key and Pita Sharples, he is so tied to John Keys jock strap it is not even funny. And those actions were positive things. They were positive things, as there was a conscious rising of the issues inspiring further generations of young Mori to fight for the promises made in Te Triti o Waitangi. Remember the catch cry in Ngpuhi way back then - the Treaty is a fraud? The Pkeh Treaty is a fraud. Was then, is - and still is today. Absolutely it is a fraud. This resistance is born out of the belief that our tpuna did not enter into a relationship with the Crown to leave a legacy of hardship and nothingness for their mokopuna. This is not what their engagement was

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Wai 1040, #4.1.2 about. I think we will have a break for morning tea and I will come back and finish this after, your Honour. JC 5 PT Ka pai. It is time for morning tea. Thank you very much. Peter Te Panui, we will just break for morning tea. e, i te whakaminenga, e ng uri o ng tngata, tn koutou, i taku haerenga ki taku motoka i te ata nei, kua tae k mai te koro k na Haki Hukapapa, e makariri tonu ana te whenua, n reira, mn e hiahia ana koutou kia whakakngia mai ng kapura, krero mai, kia ora e ma. Well, I want to my car, Jack Frost was still in the house. So, we ask that the heaters be put on. Just a reminder that, thank you to Pangaroa, tae a mai, Waimate me Ngti Rehia, who are helping in the kitchen today. Ko pp ko Ngti Hine, me Ngti Hau.

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Morning Adjournment 15

WEEK 2 DAY 3 SESSION 1 [10.30 AM] FINISHES WEEK 2 DAY 3 SESSION 2 STARTS
Hearing Resumes TH Kia ora everybody, hope you enjoyed the morning tea. Kia ora to the Tribunal. I would like to invite us all to go and sit at the takutai moana and enjoy the sun and the takutai moana that belongs to Ngpuhi. Feel free to come out and have the rest of the hearings alongside our takutai moana. Kia ora ng whine, kia kaha ng whine, t mai, kia kaha. Greetings to the women. Be strong. I listened with interest, your Honour, to the krero yesterday that acknowledged the strength of our women of Ngpuhi, of our tpuna who were land owners, who were chiefs and leaders in their own right. But it is always nice to listen to them being acknowledged in our whakapapa Ngpuhi, and we are still important today. So kia ora ng wahine. Where were we? My challenge; I stand here today in this tradition of challenge and challenge the Crown to once again restore to us all of those things that are rightfully ours. I know that they cannot restore something we never gave away, and that is our mana. I sincerely hope that they can restore their own credibility, however, to us. I hope that in the very near future the Crown is able to restore its own credibility to Ngpuhi. To the peoples of Ngpuhi and the nation of Aotearoa who are watching us all at Waitangi today, so there is an obligation on the Crown and a challenge to the Crown to restore your credibility to the Mori nation of this country.

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Wai 1040, #4.1.2 When you listen to the krero on Whakaptanga and Te Triti o Waitangi, it is very clear. Those kaupapa are very clear. We were recognised as an independent Mori nation, Ngpuhi was, an independent Mori nation, recognised by other countries around the world. Treaties are only signed between independent sovereign nations. Treaties are never made with people of no mana and no standing and no independence. These two documents reveal and support the autonomy and independence of Ngpuhi. The Ngpuhi story of he whaka ptanga and Te Triti o Waitangi has never been told. It has never been in the school curriculum. It has always been about The Treaty that is a fraud, the Pkeh Treaty, engari, He Whakaptanga me Te Triti o Waitangi has never been told. These early hearings is the first opportunity for Ngpuhi to tell the Ngpuhi story on our terms the way we want to tell it, not the way the Crown or the Tribunal wants to hear it. It has not been, and still is not, in the school curriculum. We are taught about the Pkeh Treaty only. When you get down to understanding the thinking of our tpuna at the time, they were travelling the world, they had gardens, they had their own justice system and their own government. Foreigners came here and they came to tame and educate the natives. What has changed in the year 2010? They still think they are here to tame and educate the natives. Were doctors, were lawyers, were professors, were judges, were mothers, were grandmothers, you know, were Ngpuhi. The year 2010 still sees that colonial mentality being implemented through government policies. Absolutely. If you study the krero of our tpuna and look at how those Pkeh wrote and acknowledged the sovereignty of Ngpuhi, you get a picture of what our tpuna were thinking at the time. We fast forward to Te Triti o Waitangi and we are made to believe that in 24 hours our tpuna, who were travelling the world, who were trading overseas, who were populating the world, in 24 hours we are made to believe that they signed away their mana and gave it up to a handful of pimply faced Poms, the flotsam and jetsam of England. They were not even the Kings and the Queens or the whatever. They were the servants of. Failing that, the Crown argues they received sovereignty through proclaiming it to be so. It is like if you say it often enough, people begin to believe that Moris are sad, bad and dumb, and unfortunately it has been said over the generations we are getting to believe it today. Well, we are none of those things, we are not. We are none of those things. Yet the Crown would have us believe that they received sovereignty through proclaiming it to be so. I want to confirm on behalf of my tpuna, Patuone, that our whnau did not receive that email; they did not receive that email. Hobson failed to post us a telegraph message with that notice. He failed. I do not think any of our tpuna received that email. I know my tpuna did not. Yet this nation belonged to a handful of pimply faced Poms. Both notions are laughable and are a blight on the formal record of this country. Both notions.

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Wai 1040, #4.1.2 Why come to the Waitangi Tribunal? Well, yes, I have been asking myself that too for the last 50 years. I come today in the hope that the Ngpuhi story is not only told, but that it is officially recorded as the Ngpuhi story. Up to date, we do not have a guarantee from the Tribunal that they are going to write it up. I am happy to be cross-examined and I can hear it coming through from the first week of hearings. Will it make a difference to Ngpuhi to have our story told and have it recorded? Yes, it will. Absolutely it will. 10 Last week we talked about mana. He Whakaptanga and Te Triti o Waitangi. There is mana in this krero. The Crown and the Waitangi Tribunal cannot apply the same criteria as it has to others. We as Ngpuhi are totally unique. These documents were signed by Ngpuhi in Ngpuhi. No other iwi is able to stand by this. The Treaty is a fraud. It was then and still is. The Pkeh Treaty I am talking about. Our tpuna did not cede their sovereignty or their mana to anyone. Who are we to walk in another path away from the tikanga of our tpuna? It is easy enough for people to talk about tkanga Mori and all those other tkanga. We need to be talking about tkanga tpuna. A totally different conversation, tkanga tpuna puts us on the right road. So who are we to walk away on another path from the tikanga of our tpuna? That is the kaupapa that we as Ngpuhi hold strong to and must maintain. It is up to us to lead the challenges for the changes for the rest of the Mori nation. It is up to Ngpuhi. The government is afraid of dealing with these documents they know if we get this right and Ngpuhi stands together on this kaupapa, then they have to change a whole range of things. Dont be complacent, Ngpuhi. We know our tpuna did not cede sovereignty. Will the government listen? Will the Prime Minister intervene and say The Treaty negotiator, the Crown negotiators are not relevant to this krero and neither is Ngpuhi? Keep that in front of us, at all times. Never be complacent. Who loves Ngpuhi better than Ngpuhi? We need you to support the urgency of this, to appreciate the importance of it and the mana that our tpuna put into these kaupapa It was tkanga, it is a whole life change when you rethink our place in the Mori world. Those documents are the constitutions for the rest of this country. So let us look seriously at this, look seriously at the importance of the challenges. Ngpuhi hold the key to this and we take it seriously. Our people, our communities are 150% supportive of our tpuna. They did not agree for you to invade our culture, our ways and our personalities. They did not sign to you, the Crown, our sovereignty. They did not. They did not cede sovereignty. Future hearings. Where to from here? It is my understanding that the remaining claims will be heard in stage 2 inquiry. We have got the early hearings and then we have got stage 2, which will be the claimants

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Wai 1040, #4.1.2 krero. I am also of the understanding that there will be minimum funds forthcoming to support any further research, the preparation of a large number of hearing weeks and issuing of a report or reports. If this is the case, Tribunal, you need to tell us now. If you are not coming back to hear the claimants, who have a right in law to be heard, we need to know now so that we can consider our options that will allow Ngpuhi to complete their case. Let Ngpuhi have a conversation with an independent panel, a proper and full conversation that corrects a disgraceful public record. In conclusion, I stood here last month when the hearings commenced and I stand here again and want to repeat. This is the very soil where my tpuna stood and debated the future of this nation, guided by the rules of kupu mana, where your word was your bond. My tpuna signed Te Triti o Waitangi believing the Crown would honour its word. How come only our tpuna kept their word? How come? You know, if you buy a car and you do not pay for it, they come and take it away. So what is different here? Our tpuna did not cede sovereignty, which means the Ngpuhi nation, the whenua, everything above it, in it, the takutai moana, our taonga, everything within the boundaries of Ngpuhi-nui-tonu, the whare tapu o Ngpuhi, was, is and still belongs to Ngpuhi. That is my conclusion, your Honour. Thank you. JC Tn koe.

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NG MTEATEA 25 TH JC AI Tn koutou, tn koutou, kia kaha Ngpuhi, kia ora. Taihoa, Mr Irwin, he ptai. Tna koe, sir, kore kau he ptai engari, he mihi poto, , tnkti tn rawa atu koe e te whaea, , e te rangatira, tnei te mihi atu ki a koe, me k, karekau he ptai mhau, engari ko te mihi. Ko koe te whaea nhau an i whwhai m t whakapono, nhau an i whwhai m t kaupapa, nhau an i whwhai m t iwi-tturu koe ki t kaupapa, mrama tonu t kaupapa, n reira tnei te mihi atu ki a koe, karekau he ptai. Greetings; to you maam. Thank you very much for your evidence. We do not have questions of you, but we would like to acknowledge you. You are the elder who fought the good fight, you fought in carrying the matter forward and you fought for your iwi. You have remained consistent to your cause, so we would like to commend you. We have no questions. Kore mtou he ptai, e mrama ana ng krero, n reira tautoko au ng mihi ki a koe e te whaea, nu i hoki mai nei ki te krero ng krero o t iwi a Ngpuhi. We have no questions. Very clear, your evidence. I endorse the congratulations to you for coming to present your evidence to your people, Ngpuhi.

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Wai 1040, #4.1.2 ?? E mihi atu ana r ki a koutou e Te Taraipiunara, whakarongo nei krero a koutou nei krero a t mtou kai-ranga i tnei r. N reira, ka mutu noa ake r, pnei i nei krero e te taumata, e Titewhai, e mihi atu ana r ki a koe, ki t mokopuna r hoki, i t ake i mua atu i a koe, , ka mihi, ka mihi, huri noa i t ttou whare, tn koutou, tn koutou, kia ora huihui mai an r ttou. We would like to endorse the kind words to you, Titewhai, who raised the matter of our ancestors. Now turning to you, the Crown. It was not just Titewhai who fought the good fight, rather than it was the whole of Ngpuhi. Thank you also to the Tribunal for listening to our evidence. Let me say Te Taumata and Titwhai, to you and to your grandchild who stood and presented before you.

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WAIATA ?? 15 Whakarongo mai, ki te reo e tangi nei, e mihi mai ana, mai i ku kamo, ng roimata e, whiti mai te r, ngaro ana te mmae, ngaro noa te puri, kaua e mau riri, anei an he r, mranga mai e te iwi, ko ng hap o Ngpuhi, kia mau, kia , kia ppuri ai i ng akoranga nui, takahia te ao, ka kitea te iwi, t-tangata mai ttou, ng uri rtou kua mene ki te p, tnei te mihi ki ng kai-whina e, ng whaea, ng mtua, anei r ko ng hua, e puawai ana mai, mranga mai - - Tn koe, your Honour. For the record, it has been an honour for me to stand beside our kuia as she presented today, and even more so, the honour of being here with Te Hrana, also a mokopuna of Tamati Waka Nene has delivered a mihi to her as well. Kia ora, your Honour. Sir, the next speaker is Mr Kingi Taurua, document B38. His counsel, the Tongan Barron, Mr Tavake Afeaki. I now leave you in his capable hands. So is that document 39 or 38? I have got it recorded as 38 here, sir. The Barron says it is 39. As always, sir, I always stand to be corrected. Hopefully Mr Afeakis capable hands are more capable than mine at the moment. Tn koe, e te tp, huri noa ki a koutou m, e ng rangatira o Ngpuhikhao-rau, mihi ki a koutou, he hnore ki te t ake e tnei Kereru o Ngti Kahungunu, ki runga i t koutou nei rkau, kia tautoko i ng krero o ng hap o Ngpuhi-nui-tonu, e te tp, e te paepae tapu, e ng krangaranga-maha, ng whare tngata, tn koutou, tn koutou, Greetings to the members of the Waitangi Tribunal and also to the people of Ngpuhi. It is my honour of Ngti Kahungungu to stand here before you to support the words of the hap of Ng Puhi-nui-tonu. To the table and to the paepae tapu, to the many kin links here - - Your Honour, as my learned friend, Mr Pou, has pointed out, B39 is the document, ng whakatakotoranga o te rangatira nei a Kngi Taurua.

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Wai 1040, #4.1.2 Trans JC KT 5 The evidence of Kingi Taurua. Kia ora Mr Taurua, kei a koe te waka. Tuatahi r, me mihi au ki ku kaumtua o ng uri whakaheke o Ngti Kawa, Ngti Rhiri, Ngti Rhia, tn koutou i roto i ng nekenekehanga e p ana ki a ttou o Te Ao Mori, e mihi ana, e tangi tonu ki ttou mate. I te tmatanga ko te kupu, ia ko Io-matua- kore te kupu, ko Iomatua-kore an te kupu i te tmatanga, tuia te rangi e t nei, tuia te papa e takoto nei, tuia te hunga kua wehe atu ki te p-uriuri, ki te ptangotango, ki te p-twhatwha, anga r te taumata whakanekehanga o rtou m, kua whakawhiti atu ki tua o te rai, tn te rai o te tini, o te mano, kua hia ki te korowai o te atmira e whriki nei te poho o te whare tpuna e t mai nei, kua tangi te kauau, kua poho te reo pwhiri ki marae, kua uruhia au te tomokanga, kua takahia te waharoa e manuhiri, e ng waewae-tapu kia tau i te marae tea e takoto nei, te puna rringi o te roimata, te hpe, p-thaehae a maikk he tt ki manawa puri i rrukuhia e mate ki te taka-puri. Taku manwa ka kapakapa ki te rangi, ki te whetu, ki te marama e i aue, ka tau ki te rua, ktahi au ka kite i te h, ktahi au ka kite i te mate ko ku tau kahurangi, haere, haere, haere koutou ki te p, te pou, te pou tokotoko i whea rangi, te tokotoko i whea nuku, tkia, tkia, , ko te mumu, ko te wh, ko te manahi koata takere panapana, ka rau ki runga, ka rau ki raro, ka whai t-more ki runga, ka whai t-more ki raro, tn ko te pou, ko te pou n Rongo, n Rongo, he rongo i e, he rongo i e. Manawa pou whakatina, tina, te more hai Hawaiki, pp ana waho, whano, whano, haramai te toki, haumie e, hui e, taiki e. Tn koutou e ku whnaunga, tuatahi, me mihi au ki ng taumata kaumtua i hangahia ai te roop taumata kaumtua i ng tau kua phure, kua mene atu rtou ki te p, n rtou i waiwai te whakakorikori te huatanga i waenganui i a mtou o Ngpuhi, kei te haere tonu ana te aroha o te tangi ki a rtou, , ko rtou kua haere, hoki wairua mai, rahia mtou koutou uri ki te whakattuki ng kaupapa kia oti i a koutou i te w i a koutou e hkoikoi ana i runga i te mata o te whenua, hoki mai, hoki wairua. Me tmata ku krero e pnei ana ko Kngi Taurua taku ingoa, he uri ahau n Treha mai i tku whaea ko Arah-pkai, ka tuku iho ia he ariki o Ngti Rhia, he uri hoki au a Maru-p mai tku matua Te Hh me Ngti Kawa me Ngti Rhiri, , ko ahau tnei e tau nei. I whnau mai au i te tau ktahi mano, e iwa rau, e toru tekau m whitu, kua tata mai au ki te toru, ki te whitu tekau m toru ku pakeke, kua tae au ki te reanga e ka r e ku mtua tpuna, i tipu ake koe i tr reanga, e tika ana ko koe te tangata tohutohu i te huarahi o ttou Te Ao-Mori. E te r tekau o Haratua, e Te Taraipiunara, tn koutou i tmata a ng huhuinga nei, i krero au m te whakaptanga o ng rangatira o ng hap o te whakaminenga, me Te Triti o Waitangi me te whakapakitanga o te rnanga whakaktahi o ng iwi o te ao, o ng tika o ng iwi taketake o te ao.

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Wai 1040, #4.1.2 E k pnei atu ahau, n ng ringa, n ng rangatira o Ngpuhi i tuku i rtou tohu tapu ki runga o te Triti o Waitangi, ehara ko te Treaty of Waitangi, i k ahau ko te triti he whakaaetanga tapu o ku tpuna tapu me Te Karauna, ar, ko te tnana tapu o Kuini Wikitria. 5 Ehara ko te whakaaetanga o ng rangatira me Te Kwanatanga o tahi t-tangata tauiwi, tangata whai, i wero hoki au ki Te Taraipiunara o Waitangi i te mea, ko ng tngata kei runga i Te Taraipiunara nei kua whakatria Te Kwanatanga tangata whai, ko rtou tranga me rtou mahi kua puta mai i roto i ng ture i tukua atu e Te Paremata Kwanatanga o ng tngata nei, ehara n Te Karauna i hina i te triti. I a rtou e hngai ana i ng ture nei, khore an rtou i krero mai ki a mtou ng rangatira o te whakaminenga, ehara he krero hei whakatika ki ng manuhiri, trangi nei ki a koutou e Te Taraipiunara o Waitangi, kua pwhiritia mai nei koutou ki tnei marae e t mtou hap. 15 Ka whakahtia ture a te ao e Te Kwanatanga n te mea, kore an Te Taraipiunara e hei kia whakanui Te Triti o Waitangi i hina ai o ttou tpuna, i tohutohutia rtou kia ta whakaaro rtou i te English treaty, te pepa n, e kore rawa i hinatia e t ttou, e ttou tpuna. N Te Kwanatanga tangata whai i whakarerek ai ng kaupapa tturu o te triti, kua huritia ki ng matapono, ko ng matapono r he tupuranga n ng ture--iwi o Ingarangi, , ko rtou whakaaro kia hua ko Te Kwanatanga tangata whai e mau mana ana ki te whenua nei. Kua whai rangahau e p ana ki a ttou e Te Taraipiunara me Te Roop kai-taki reti nghere o Te Karauna, khore an mtou i whaka. I ahau e rima tekau m wh ku tau i tono mai e te rangatira thunga ko Mori Marsden kia mahi tmuaki au m te taumata kaumtua o Ngpuhi-nuitonu. I taua w kei te taumata kaumtua r te tokomaha o ng rangatira tuku iho o Ngpuhi, ko Wera Hauraki tr, he uri e te iwi, o roto [indistinct 11:30:41] i heke mai i a Wera Hauraki, ko Te Raumoa Kawiti e hoa m i heke mai i a Ngti Hine, ko rtou r kaumtua kua mene atu ki te p, ko Te Raumoa Kwiti kei te ora tonu i tnei w. Ko te kaupapa i whakatau ai te taumata kaumtua o Ngpuhi, kia whakatautohetohe te mahi koretake o Te Kwanatanga tangata whai e k, ko te sea lord deal, engari kei muri k ng tara o taua rangatira tuku iho, ktahi te rnanga o Ngpuhi ka rere atu ki Pneke, ka hina rtou i te whakataunga sea lord deal e rite tahi n ki ng mahi o te rnanga o nianei m Te Papa-rahi-o-te-raki. I taua w ka tono mai te taumata ki te kite i phea ai, ngro ai rtou whenua, ktahi ka puta, ka hmai ai he tokotoko, hei tkaro hei ppuri mai i te whenua, a muri r i a ia i tata mate ana i te hohipera o Rwene, ka tukuna iho mai i tn tokotoko o Te Wera Hauraki, e, i k mai a ia ki ahau tukuna mai ng kerme o Hokianga ki raro o te maru o te Wai 774.

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Wai 1040, #4.1.2 N te taumata kaumtua i krero m tnei t-moko ki runga i taku knohi i whakatau ai e rtou he tohu tnei i tku kawenga hei ariki, kia whwhai ahau m ng whenua, m ng tkanga o Ngpuhi, ar, ko te kerme m te Wai 774 i tuku atu, n te mea, i tono mai te taumata kaumtua m Ngpuhi-nui-tonu i aua w, i k ahau, khore ahau kia hia, kia krero i tku whakapapa, kia krero atu e p ana ki ku tpuna, kia tuku atu ku karakia me ku pepeha, khore rawa he take kia pnei ahau, i te mea, i knei ahau i mua atu i te taenga mai o te Pkeh. I te wa i tuku atu te kerme Wai 774, i k ahau ki a Doug Graham, m Te Kwanatanga tangata whai me ng tngata whai nohonoho ana o Waitangi nei kia whakapapa ki te whenua nei hei whakapono i rtou take. I ahau e tai-tamariki tonu ana, i k mai ng kaumtua m ng Mhingare i thae t mtou whenua, n reira i te tautoko te taumata kaumtua tapahia ai ahau a Henry Williams mai i te whare-nui nei, i te mea, nna i tangohia te ng whenua o Ngti Kawa me Ngti Rhiri, , ko Puhipuhi hoki i tangohia te toenga o ng whenua, t mtou whenua kei Waitangi. N tn take i whakarite au kia whtaina te p o Ruarangi, kua k ko Te Triti o Waitangi Grounds, , ka moe kei te whare r m ttahi w, e p nei ki te Whakaptanga me Te Triti o Waitangi, ka k pnei i ahau, kei ku tpuna rtou ake tino rangatiratanga, i ng w ki mua i te taenga mai o ng tngata o Ingarangi ki te whenua nei, i ku tpuna rtou ake tino rangatiratanga ki mua i rtou tukuna, i rtou tohu tapu ki te Whakaptanga, kei ku tpuna rtou ake tino rangatiratanga i a rtou, i tukuna rtou tohu tapu ki Te Triti o Waitangi, ka mau tonu ku tpuna i rtou ake tino rangatiratanga, i a rtou e whakapono ana ki te kaupapa tuarua o Te Triti o Waitangi. I ku tpuna mtou nei tino rangatiratanga i te tau ktahi mano, e waru rau, e rima tekau m rua i te w i mahi ture Constitution Act, an Te Whare Premata o Ingarangi hei whakahei ng tngata whai kei knei ki te whakatau kwanatanga tangata whai kia whakarite ai te oranga o ng Pkeh. Me whakamrama ahau inianei ahakoa te whanga whitu tekau m tahi o te Constitution Act 1852, he rite tahi te tranga whai tkanga tr ture e p ana ki ku tpuna n te mea, i taua w i noho tonu tku hapu i raro i te maru o te tino rangatiratanga o rtou ariki, i roto hoki i rtou rohe, i roto hoki i rtou ake tkanga. I whakatakoto atu ng take hhonu -ture i te kerme o Kaipara, i whakaterea a Kaihau, i whakaturehia, i whakatauhia e Whiti-te-r Kaihau me Mohi Manukau. I ka tohutohu, i ki atu t rua roia ko te whanga 71 o te Constitution Act, he mea kaupapa ture hhonu, , he kaupapa Triti, i k mai ia, kei raro i te whanga 71 ka taea e mtou kia noho rangatira mtou i raro i mtou ake kawa me mtou tkanga, i k hoki a ia, n te Kwanatanga tangata whai rtou ng tkanga kia hpai mtou mana i a mtou an hei whati hoki i tnei o te Triti.

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Wai 1040, #4.1.2 Khore an te roia o Te Karauna i whakatakoto i ttahi whakaaro e p ana ki te Whakaputanga me te Constitution Act, ko Te Taraipiunara o Kaipara, i k ko te take nei he kaupapa ture hhonu, ar, kei waho an ng take nei i rtou mahi pataptai i ng kerme o Muri-whenua ktahi Te Taraipiunara o Waitangi i whai ptai ki ng kerme twhito me ng whenua twh me ng hoko whenua a Te Karauna. Ktahi Te Taraipiunara ka whakarite ko ng hokohokonga whenua o mua i te triti i mahia e ng rangatira i te tranga rtou ake tkanga, i k rtou ko te ture Mori anak te ture o te whenua o Nu Treni i taua w, , n reira, koia nei tn te ture anak i mahia i taua w. Ka k hoki te Taraipiunara o Muriwhenua, ko ng tino tkanga Mori ki ng whenua m ng kerme whenua twhito r e kore rawa e whakakorehia, ka whakatau ai rtou n te kwanatanga tangata whai i whatia te triti e p ana ki te kerme whenua twhito me ng kerme twh nei me ng hook whenua a te karauna i ng tau i waenga i te kotahi mano, e waru rau, e rima tekau ki te ktahi mano waru rau, e ono tekau m rima. N reira, ko inianei te w mo te kwanatanga kia ktia ai te mahi nanakia nei, k ng mahi rangahau m ng take nei i whakaotia e te Taraipiunara i te tau ktahi mano, e iwa rau, e iwa tekau m whitu. I te tau ktahi mano, e iwa rau, e waru tekau m waru ahia ai i tuhituhi te pukapuka m te kerme o Waiheke, i k a Eddie Jury kua tmata ng kwanatanga o merika, o hitereiria ki te hoko whenua twhito o ng tngata whenua hei whakahoki whenua ki ng hap. Ktahi ka tmata pnei ki hia k atu au ki te Kwanatanga kia hanga ture hei whakatau an i rtou ture hoko whenua kia rite tahi ki te kaupapa tuarua i roto i Te Triti o Waitangi, heoi an r e te iwi ko au wnei me ku kupu krero nei i te reo Pkeh. Trans 30 Greetings to my elders, the descendants of Ngati Kawa, Ngti Rhiri and Ngti Rhia. In the beginning was the word, Io Matua Kore was the word and Io was the word in the beginning. He bound the heavens and the earth and those who have passed on to the dark. Those who have passed on beyond the veil, that is the veil through which the myriad have passed through, those who have come from this house, the koauau has been sounded and the entrance has been trampled by the sacred visitors and the spring well of tears and blood and acknowledging our losses and my heart flutters to the heavens and descends to the pit. I have only just seen death and I say to you, my nobles, farewell, farewell, farewell; I carry on with my introductory chant and the hole at Hawaiki resounds with the waves, greetings to my kin. Greetings to the ancestors who were the first taumata kaumtua who have passed beyond the veil. They were the ones who instilled in us the disciplines and we lament them and we ask them to return in spirit to their descendants to acquit and complete the tasks which you commenced, return the spirit, return the spirit.

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Wai 1040, #4.1.2 My name is Kingi Taurua. I am the line of descent from Trihia through my mother, Arahia Pkai and the ariki of Ngti Rhia. I am also the line of descent from Marup through my father, Hh and the ariki of Ngti Kawa and Ngti Rhiri. I was born in 1937 and I am nearly 73 years old. On Monday, 10th of May I have reached that time of age where I am appropriate for this task. Greetings to the Tribunal. On Monday, 10th of May during the first of these hearings I spoke about the declaration of independence, The Treaty of Waitangi and the United Nations declaration on the rights of indigenous people I emphasised that Ngpuhi rangatira had put their tapu marks on Te Triti o Waitangi, not The Treaty. I also emphasised that Te Triti was a sacred agreement between my sacred tpuna and the Crown and the sacred person of Queen Victoria, not an agreement of the rangatira with some other different foreigners as a settler government. I also challenge the Waitangi Tribunal, the people on this Tribunal have been appointed by the settler government. Their role is defined by legislation that has been passed in the settler parliament, not by the Crown who signed Te Triti. In making those laws, they had no discussions with us, the chiefs of the confederation. This is not about disrespect to our guests who have been welcomed to our marae by our own hap. In contravention of international law, the Waitangi Tribunal is not empowered to give precedence to Te Triti o Waitangi that our tpuna signed They have not been told to consider the English language Treaty that our tpuna did not sign. The settler government has replaced the original articles of Te Triti with principles. Those principles are based on English common law and are intended to ensure that the settler government retained sovereignty of this country. The Waitangi Tribunal and the Crown Forestry Rental Trust have commissioned research on us without our consent. When I was 54 years old I was asked by the Reverend Mori Marsden to head Te Taumata Kaumtua o Ngpuhi-nui-tonu. At that time Te Taumata was made up of all the hereditary chiefs of Ngpuhi, Wera Hauraki, the line of descent from Te Wera Hauraki. Te Raumo Kwiti, the line of descent from Kwiti and so on Te Raumo Kwiti is still alive. Te Taumata Kaumtua was established to oppose the settler government Sealord deal. However, behind the backs of those hereditary rangatira, the Ngpuhi rnanga flew to Wellington and signed the Sealord deed of settlement. This is what the rnanga tried to do with Te Paparahi o Te Raki. At that time Te Taumata kaumtua asked me to find out for them how the land had gone. To this end, Te Kapotai gave me a tokotoko to stick in, to hold fast to the land. Later on his death bed at Rawene Hospital, Te Wera Hauraki bequeathed his tokotoko to me and said that the Hokianga claim should come under Wai 774. It was Te Taumata Kaumtua who discussed the tamoho and decided that it should reflect my responsibility as the ariki to fight for the land and tikanga of Ngpuhi.

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Wai 1040, #4.1.2 Wai 774 was lodged at the request of Te Taumata Kaumtua o Ngpuhinui-tonu and when I lodged it I made it very clear that I had no intention of reciting my whakapapa, of talking about my tpuna, of giving my karakia, my pepeha, I do not need to. I was here first, before the Pkeh ever came. When I lodged the Wai 774 I said to Doug Graham that it is up to the settler government and to the Pkeh squatters here in the Bay of Islands to whakapapa to the land and to prove to me that they are entitled to it. 10 When I was a boy the old people told me that the missionaries stole our land. So with the support of Te Taumata, I cut Henry Williams from this wharenui. He took all the land of Ngti Kawa and Ngti Rhiri and James Busby took what was left, our land at Waitangi. For this reason, I also organised an occupation of the Waitangi Teaty grounds and I slept in the wharenui up there for the weekend. In regard to the Declaration of Independence and Te Triti o Waitangi I will say this, my tpuna had their tino rangatiratanga before the English came to this country. They had their tino rangatiratanga before they marked the Declaration of Independence. They had their tino rangatiratanga when they marked Te Triti o Waitangi. They retained their tino rangatiratanga under Article 2 of Te Triti o Waitangi and they still had their tino rangatiratanga when in 1852 the imperial parliament passed the Constitution Act to allow the colonists to set up a government to regulate the affairs of Pkeh. So let me be quite clear. Although section 71 of the 1852 Constitution Act occurred, it simply maintained the status quo, because in 1852 my hap were already living under the tino rangatiratanga of their ariki within their ancestral rohe and according to their tkanga. These constitutional issues were raised in the Kaipara claim by Whititer Kaihau and Mohi Manukau. Their lawyer said that section 71 of the Constitution Act was a constitutional issue and a treaty issue He said that under section 71 we would govern ourselves according to our own customs and tkanga. He also said that the failure of the settler government to ensure that we continued to govern ourselves was a breach of The Treaty. The Crowns lawyer did not make any submissions on the declaration of independence or the Constitution Act. The Kaipara Tribunal said these matters involved constitutional issues that were beyond the scope of their inquiry. In the Muriwhenua claims the Waitangi Tribunal dealt with old land claims, surplus and scrap lands and Crown purchases. That Tribunal ruled that the pre treaty land transactions had been made by the chiefs on the basis of custom. They said that Mori law was the only law that existed in New Zealand at the time and therefore the only law which could apply at the time. The Muriwhenua Tribunal also said that the Mori customary title to the old land claims had never been extinguished. They concluded that the settler government had breached The Treaty of

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Wai 1040, #4.1.2 Waitangi in respect of the old land claims, surplus land, script land and Crown purchases between 1850 and 1865. So it is time for the settler government to stop mucking us around. The research into these issues was completed by the Waitangi Tribunal in 1997. In 1987 when he reported on the Waiheke claim, Eddie Durie said that the government of the United States of America and Australia had introduced buy back policies to return tribal land to the tribes. So for starters, I want the settler government of New Zealand to pass a law to introduce a pre-emption clause, just like article 2 of the English Treaty of Waitangi. These are some of my issues in the Pkeh language. KT My name is Kngi Taurua. I am the line of descent from Treha through my mother, Arahia Pkai and the ariki of Ngti Rehia. I am also a descent from Marup through my father, Te Hh of Ngti Kawa and Ngti Rhiri. I was born in 1937 and I am nearly 73 years old. On Monday, the 10th of May during the first of these hearings I spoke about the Declaration of Independence, Te Triti o Waitangi and the United Nations declaration on the rights of indigenous peoples. I emphasised that the Ngpuhi rangatira had put their tapu marks on the Te Triti o Waitangi I emphasised that Ngpuhi rangatira had put their tapu marks on Te Triti o Waitangi, not The Treaty. I also emphasised that Te Triti was a sacred agreement between my sacred tpuna and the Crown and the sacred person of Queen Victoria, not an agreement of the rangatira with some other different foreigners as a settler government. I also challenge the Waitangi Tribunal, the people on this Tribunal have been appointed by the settler government. Their role is defined by legislation that has been passed in the settler parliament, not by the Crown who signed Te Triti. In making those laws, they had no discussions with us, the chiefs of the confederation. This is not about disrespect to our guests who have been welcomed to our marae by our own hap. In contravention of international law, the Waitangi Tribunal is not empowered to give precedence to Te Triti o Waitangi that our tupuna signed. They have been told to consider the English language treaty that our tpuna did not sign. The settler government has replaced the articles of Te Triti with principles. Those principles are based on English common law and are intended to ensure that the settler government retained the sovereignty of this country. The Waitangi Tribunal and the Crown Forestry Rental Trust have commissioned research on us without our consent. When I was 54 years old I was asked by the Reverend Mouri Marsden to head Te Taumata Kaumtua o Ngpuhi-nui-tonu. At that time Te Taumata was made up of all the hereditary chiefs of Ngpuhi, Wera Hauraki from Hokianga, Te Rauamo Kawiti, Ngti Hine. So on and so on and so on. Te Taumata Kaumtua was established to oppose the settler government Sealord deal. However, behind the backs of those hereditary rangatira, the Ngpuhi rnanga flew to Wellington and signed the

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Wai 1040, #4.1.2 Sealord deed of settlement. This is what the rnanga tried to do with Te Paparahi o Te Raki today. At that time Te Taumata Kaumtua asked me to find out for them how their land had gone. To this end, Te Kapotai gave me a tokotoko to stick in, to hold fast to the land. Later on his death bed at Rwene Hospital, Te Wera Hauraki bequeathed a tokotoko to me and said that the Hokianga claim should come under Wai 774. It was Te Taumata Kaumtua who discussed the tamoko and decided that it should reflect my responsibility as the ariki to fight for the land and tkanga of Ngpuhi. Wai 774 was lodged at the request of Te Taumata Kaumtua o Ngpuhinui-tonu and when I lodged it I made it very clear that I had no intention of reciting my whakapapa, of talking about my tupuna, of giving my karakia, my pepeha, I do not need to. I was here first, before the Pkeh ever came to this country. When I lodged the Wai 774 I said to Doug Graham that it is up to the settler government and to the Pkeh squatters here in the Bay of Islands to whakapapa to the land and to prove to me that they are entitled to it. Not me, prove that I am entitled to that land. It is their responsibility to make sure that they whakapapa on how they got my land. When I was a boy the old people told me that the missionaries stole our land. So with the support of Te Taumata, I wanted to cut Henry Williams from this wharenui, and I am still going to do it some day. He took all the land of Ngti Kawa and Ngti Rhiri and James Busby took what was left, our land at Waitangi. For this reason, I also organised an occupation of the Waitangi Treaty grounds and I slept in the wharenui up there for the weekend. In regard to the declaration of independence and Te Triti o Waitangi I will say this, my tpuna had their tino rangatiratanga before the English came to this country. They had their tino rangatiratanga before they marked the Declaration of Independence. They had their tino rangatiratanga when they marked Te Triti o Waitangi. They retained their tino rangatiratanga under article 2 of Te Triti o Waitangi and they still had their tino rangatiratanga when in 1852 the imperial parliament passed the Constitution Act to allow the colonists to set up a government to regulate the affairs of Pkeh. So let me make it quite clear. Although section 71 of the 1852 Constitution Act occurred, it simply maintained the status quo, because in 1852 my hap were already living under the tino rangatiratanga of their ariki within their ancestral rohe and according to their tkanga. These constitutional issues were raised in the Kaipara claim by Whititer Kaihau and Mohi Manukau. It was raised in Kaipara. Their lawyer said that section 71 of the Constitution Act was a constitutional issue and a treaty issue. He said that under section 71 we could govern ourselves according to our customs and our tkanga. That is what the lawyer said to the Waitangi Tribunal in Kaipara.

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Wai 1040, #4.1.2 He also said that the failure of the settler government to ensure that we continued to govern ourselves was a breach of The Treaty. They also said that at Kaipara. The Crowns lawyer did not make any submissions on the declaration of independence or the Constitution Act at that time. The Kaipara Tribunal said these matters involved constitutional issues that were beyond the scope of Waitangi Tribunal inquiry. In the Muriwhenua claims the Waitangi Tribunal dealt with old land claims, surplus and scrap lands and Crown purchases. That Tribunal ruled that the pre treaty land transactions had been made by the chiefs on the basis of custom. They said that Mori law was the only law that existed in New Zealand at that time and therefore the only law which could apply at that time. The Muriwhenua Tribunal also said that the Mori customary title to the old land claims had never been extinguished. The Waitangi Tribunal said that. They concluded that the settler government had breached The Treaty of Waitangi in respect of the old land claims, surplus land, script land and Crown purchases between 1850 and 1865. The Waitangi Tribunal said that. So it is time for the settler government to stop mucking us around. The research into the issues was completed by the Waitangi Tribunal in 1997. In 1987 when he reported on the Waiheke claim, this is what Eddie Durie said, that the governments of the United States of America and Australia had introduced what they call buy back policies to return tribal land to the tribes. So for starters, I want the settler government of New Zealand to pass a law to introduce a pre-emption clause, just like article 2 of the English Treaty of Waitangi. I want the settler government of New Zealand to use the pre-emption clause to buy back all the land belonging to Ngti Kawa, Ngti Rhiri and Ngti Rhia that is currently in private ownership when it comes onto the market. Then in the process the settler government shall return all the land to the hap who have still had their tino rangatiratanga. The British Crown should revive and honour its relationship with the whakaminenga o ng rangatira as started with He Whakaputanga and continued with The Treaty and the hap are still here and they be well, the rangatira are still here. This is another extension of this declaration of independence at 1835. The mana of the foreshore and seabed rests with Ng hapu and the Mori Party and the so-called iwi leaders have no right to be negotiating with the government on our behalf. 40 On that basis, I challenge Pita Sharples of the Mori Party to avoid being seduced by ideas suggested by John Keys government. Nobody has a right to tell me, as Ngti Kawa, Ngti Rhiri and Ngati Rhia to go to the High Court, a Pkeh court at that, to prove my rights to the foreshore and seabed. For me, that is nonsense and a very breach of He Whakaputanga and Te Triti o Waitangi and what we are talking about today.

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Wai 1040, #4.1.2 My challenge to John Key and Pita Sharples, get your thinking right. You have done a good job by deciding to repeal the Act, but you need to come back to the hap to get further and further instructions from us. The present situation is all about the Mori party and the so-called iwi leaders. However, they do not own this tonga. The hap owns the tonga. The next issue is that Pita Sharples went up and signed the United Nations Declaration on the Rights of Indigenous People. One of those rights is that the taonga of indigenous peoples are sacrosanct of tapu, that we still hold those rights, in spite of what the colonisers have done. This government has signed up to it and they had better act in accordance with it and say no, Mori do not have to prove their rights to the foreshore and seabed. The United Nations Declaration of Rights of Indigenous People say that we do not have to do that. Why should I do that when I am guaranteed the foreshore and seabed under the Whakaputanga which we are discussing today? Te Triti and the United Nations declaration of rights of indigenous peoples. Now, what this government is proposing and what Pita Sharples seems to be running with is that I go to the High Court and prove my position. But I say, no, stuff you. Let the government go to the High Court and prove that they have authority to say that I do not have it. What the government is doing is a breach of all those treaties that I have just mentioned. At the end of the day, the foreshore and seabed is a treaty issue, it is not the Prime Minister and his government supposed to tell The Treaty partner, which is us, how The Treaty partner should behave. Ngpuhi is making a historic claim before you today, the Waitangi Tribunal. But I ask you, what is the point in attempting to resolve the historical grievances if while we are all here, the government is continuing to commit contemporary treaty breaches under our very bloody noses. The action of the foreshore and seabed is running counter to the Whakaputanga, the Triti and the Declaration of what we are doing here today. I, Kngi Taurua, am saying that the government should act in a manner that is consistent with the United Nations declaration of the rights of indigenous people and honour the document signed in 1835 and 1840. I am not asking for anything new. I do not want this government and their puppet iwi leaders forcing something onto me that undermines my tino rangatiratanga over my foreshore and seabed. We will have a meeting two weeks time here and talk about that issue. Ttou Ngpuhi, it is about time we sat down and talked. Not this Saturday, the following Saturday we will sit. But I am telling now, this is where we are going to go and this is what we are going to do and what we are going to do is to make sure that we maintain our tino rangatiratanga, He Whakaptanga and Te Triti under our own feet, ko te kupu mutunga mku ki Te Taraipiunara o Waitangi, , tn koutou, aroha mai ki tnei koutou mkai koutou o ng matawaka, e tku rangatira, e

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Wai 1040, #4.1.2 ku rangatira, i krero mai ttahi kaumtua ki ahau i tr r, n Ngti Awa te kaumtua nei, i waea mai ki ahau, have you read a book, there is a book written by an author and the name of this book is ka whwhai mtou ake, ake, ake, tonu atu, have you read that book Kingi, i said who wrote the book, Dr Ranginui Walker, tn koe - tn ttou. Trans Closing greetings to the Tribunal. Please show compassion and understanding to this speaker. An elder spoke to me the other day from Ngti Awa and said to me - - Kia ora tn koe, Mr Taurua. In that book he says: To guide you in what you are doing, written by Dr Ranginui Walker, tn koutou, he waiata m ttou e Ngti Kawa

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NG MTEATEA EG 15 Trans TBA 20 Trans TBA 25 JC Kti r, e mihi atu ana ki a ttou katoa, n reira, piti hono ttai hono, ko rtou kua hkoi atu ki te Ao-wairua, haere koutou, haere koutou, haere koutou, ko ttou ng uri whakatupuranga, tn koutou, tn koutou, tn koutou katoa Those who have traversed the path to beyond the veil, farewell, travel on. We, the descendants. , tn koe e te rangatira, aroha mai nei, waiho mai kia whakahoki ptai, e Kngi, If you would just stay and answer any questions the Tribunal or Crown might have. Your Honour, I wonder if the Crown might have any questions for Mr Taurua. I just asked Mr Irwin and he said that he has no questions. I am just going to ask the Tribunal panel members. We will just wait for Mr Taurua to come back to the lecture, and then we do have some questions. Tn koe e Kngi, e ai k ng ptai, aroha mai e Te Taraipiunara tn koe e te rangatira e Kngi, karakau ku ptai, engari kei te mihi atu ki a koe, ehara tnei mihi n te mea, i rakuraku koe i taku tara i te ata nei, kei te mihi atu ki te kaha o te ia o u krero i kaha ai, n te mea i whakatakotoria u whakaaro i roto i te reo Mori, n reira kei te mihi atu ki a koe, tn koe, tn koe, tn rawa atu koe. Greetings Kngi, I have no questions. But I would like to commend you for your evidence, not because you greased my hand this morning but I commend you for the strength of your delivery. You showed strength because you lay your submission down in our Mori language. Tautoko au i ng mihi ki a koe e te matua, nu i whrikihia ng krero i whriki Mori mai, n reira tn koe, , koutou i tautoko i a ia, , tn koutou.

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Wai 1040, #4.1.2 Trans ?? 5 JP Thank you for offering this submission in Mori and also unto your support group. Tn koe, Matua. I hand it over to my learned friend, Mr Pou, from Ngpuhi. Not called Lenard very often. The next evidence, sir, is that of Dr Bruce Gregory, document number B22 and his counsel today is Mr Gerald Sharrock. That will take us through to the lunch break, sir. His evidence is set down for an hour, so he will probably straddle both sides. Sir, I dont believe Dr Gregory needs much introduction and I will leave that to him. So I hand you over immediately to the good doctor. , tn ttou katoa, koutou te whakaminenga e noho mai i raro i te tuanui o t ttou nei whare, tn koutou, e ng rangatira o ng iwi, e te tp, tn koutou, he tmatanga krero ki ahau, mku pea ki tnei kerme i tnei pepa kei mua i a ttou katoa, he poroporoaki tnei ki t ttou nei kuia, a Idris Matenga Armstrong, he mihi nui tnei ki a ia, n te mea, i ngarotia ia ki Io-matua, kei te runga rawa, n reira e te kuia, haere, haere, haere, haere ki te kinga tturu, haere ki ng tpuna, haere ki ng wairua o Hawaiki, haere e te whaea, haere, ahakoa kua ngaro koe ki te p, kei t mahi e mahi ana koe i te w i ora tonu kei runga i te mata o te whenua, kua tmatatia i tr krero i te r nei, n reira haere, haere, haere. Ki ng tngata o tr taha o te whare o te tneti nei, kei te mihi tnei ki a koutou, i haere mai nei ki tnei whenua o ng tpuna, n reira nau mai, haere mai, harakau au e mhio he aha ng krero mku ki a koutou, n te mea, i te tmatanga krero mku i hoatu tnei tohu ki tku hoa nei ki Te Taraipiunara ki te hoatu ki a koutou i tr taha o te whare, n reira, e ttou m me hurihia pea ki te reo tuarua. Trans 30 Greetings to the congregation gathered here under the roof of our house. To the members of the Waitangi Tribunal, I greet you. To commence my evidence for this claim that is before you, this is a farewell to Idris Matenga-Armstrong. This is an acknowledgment for her as she has passed on to Io-matua-kore. So I say to you, farewell, go to the ultimate home of man, go to the ancestors and go to the spirits that reside at Hawaiki. Although you have passed to the darkness, the works that you carried out in your lifetime have commenced with these words today. Farewell. To those, the party on the other side of the house, greetings to you, the Crown, who came here to the land of our ancestors. Welcome. I do not know how to couch my words to you, but as a commencement, I give you this symbol to the Tribunal that the Tribunal may hand to you, the Crown team. So now let me turn to English. BG I have been fortunate to have had been given this opportunity to address a claim by one of our revered kuia of this marae, who has passed beyond the point of no return. Perhaps I should modify that, because in the world of the Mori I am not so sure that that comment is tika or true. Oh dear.

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Wai 1040, #4.1.2 Idris Matenga-Armstrong whose claim has to deal with Ngti Rhiri ki Waitangi, Ngti Rhiri ki Waitangi of Ngpuhi. This lady when she was alive and lost to us so sadly at a time where her strengths, her skills, her knowledge were so important to the coming generations. I can just recall recently where she sat in the whare tpuna o Te Triti o Waitangi, that noble establishment before us which way back in the 1870s; the Governor General was invited at that time to open officially that whare. He did not turn up. He did not give a reason. It did not happen. But within the sacred walls of that building she started telling I was going to say us young ones, but I am no longer young. She started telling certainly many of the young ones the stories that she could recount and the histories that she knew which are so dear to her and some of those I can recall today, some have come to my mind out of the krero that I have heard over the last few days. Her krero about the octopus, for example. The fact that Pheke exists in the far north. The fact that our tpunas were able to somehow take a birds eye view of that whenua and see the outline of Auwheke. Here we are talking about the maps of the past. I also recall some of the krero, and pardon my digression, but some of the krero that I heard recently I cannot help but recount some of my own thoughts about those. When Huru and Tuku went to Norfolk Island, or were taken to Norfolk Island I should say, to teach them to weave and the basis of the difficulty there was they took the wrong flax to start with. They took the mountain flax, which is a different sort of flax, no good for weaving, to Norfolk Island to teach them how to weave there. But eventually they came back and today I hope the Tribunal and I hope those on the other side of this building will take the opportunity to visit Te Rerenga Wairua, n te mea kei runga i ng p t o ng whare paku is the map Trans BG Because on the walls of the toilet there. - - - Huru and Tuku drew. It is an interesting map and I think it is recalled in the Muriwhenua claim also that that map, probably the first map that had been drawn by Mori had two distinctive features to it and the two distinctions were the names Muriwhenua and Ngpuhi, the only two names on that map. But to have placed this map on the walls of a whare ttae is an insult that - - Ablution block. - - - we can never forget, e ttou m When I spoke of Idris and her time when she was able to give of her knowledge, her experience and her love to her people, she was taken away from us and yet how demonstrative is that factor with regard to so many of our kuia and our koro, our kaumtua that have been lost to us before seeing the result of their lifes work, the very issue that we are addressing today and no doubt will continue to address into the future.

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Wai 1040, #4.1.2 Because it is true to say that we are a warrior race, we have been nurtured, we have been bred to in actual fact to continue into the future to address the wrongs that have been done to our people. That is a reality and I recall recently where there was some krero about the DNA and about how there was this warrior gene that resided within our people and how in actual fact the media and many people tried to shoot that down. The reality is that was the truth, because we did breed those sorts of people. Breeding was a part of the ethos of the Mori world. Our rangatira were bred. The correct women, the correct whakapapas were brought together to ensure the ongoing reality of that mana that they continued to share. You will wonder where all this is going. I think we need to come back to the reality that grievances just do not go away. Until they are corrected correctly, tika, it will continue to fester. 15 So it is no use saying, forget about your grievance and move on into the future because that will not happen. That is the picture of planet Earth. Everywhere we look we see the same things happening, the injustices seeking to be righted, and until we come to that realisation, that will not happen. I recall some of the krero about the Mori ethos and the Mori world, kei hea, he aha tnei mea te korekore, te kore. Trans BG 25 What is this thing called the void? Even to this day the astronomists and scientists are only beginning to understand that very concept and the fact that our tpunas knew it in depth. Because within the korekore, it is not only the nothingness, but it is the everything and it is a concept not easily grasped. But the scientists in examining the universe are beginning to realise that the same questions apply and that perhaps some of the answers are within those deep knowledge and thinking of our tpuna. So you then move into te p - - Trans BG Trans 35 BG The night. - - - and I listened to Mnuka Hnare yesterday when he talked about the metaphysical world, that e ttou m, ko te ao o te Mori That is the world in which the Mori lives. because that is the world of uncertainty, that is the world of superstition, that is the world that is challenging us and until we get the answers to that, e kore e tae atu ki te ao-mrama. We will not emerge to the world of light. and people may say, you know, all that superstitious rubbish, waihotia, pana ki waho. Leave it.

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Wai 1040, #4.1.2 BG but the reality is when you think of some of the greatest thinkers on this planet, they were all metaphysists because they were seeking the answers to the real world from the world of unreality. And so e ttou m kaua e wareware ki tr taha n te mea kei t ttou nei ao-wairua, he noho tika kei kn So lest we forget that side because in our spirit world is righteous living. And that it is an important concept in itself, because, he aha tnei kupu ko te wairua. This term wairua, spirit. What is this people say it is the spirit world. I have to think pretty hard about that one because, as someone has already said, the language of one culture is very difficult to match consistently with that of another. So ko te wairua e ttou m is the world of the two waters. When Tne Mahuta breathed into the nostrils of Hine-ahu-one te h kei kn he aha tr mea i mahi i tr atua i tr w. The breath of life. What was that atua doing at that time? Then we come to the reality that the two waters are the inner waters of the cell, of the human cell and the outer waters which protect and also provide some nurture for that. But you know, within that cell is the nucleus, is the mitochondria, r mea katoa kei kn te whakapapa o te Mori That is the whakapapa of the Mori. So these are parts of the spiritual world which are part of our reality also today. I now would like to move on to sadly having to introduce myself. I have got this wonderful name that my dad gave to me, beautiful Mori name, Bruce Craig Gregory, tn koutou katoa. But you know, in a lot of things it is not always in a name. It is what resides within the whakapapa, within the DNA of those individuals. This is one of the difficulties that the modern world has with us because they seem to think that if you lump part of one culture here and part of another culture there, you will get something halfway in between. But the reality is it can swing both ways. Maybe he who is most white will think he who is most black and he who is most black may in actual fact end up thinking he who is more white. You cannot answer that question until you communicate. So dont think you can write this out on a piece of paper and say you move to this side and you move to that side until you know they think. Those are the difficulties that are facing us today. Now e ttou m. for me, the essence of this debate begins as to who are the players in it. I now want to ask my learned friend here to take my credentials to the Tribunal to pass on to our friends at the far end of the whare. I am having great difficulty identifying with the entity on that side of the whare. Hence that tohu. That tohu that I have just passed on is the tohu of our ancestors, ko te whenua ki raro nei ko te wai o te moana ki waho r.

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Wai 1040, #4.1.2 Trans BG The land below, the waters of the sea without. Those are my credentials standing here as a representative of the Mori race under the whakaputanga. Kia ora ttou. I have yet to receive the credentials of that side so that I can communicate with them. Tn ttou katoa. Because in a sense we are faced with a dilemma today and the dilemma is, although I had difficulty addressing the table except by the method I did do because, te tt ka noho kei roto, kei kn, and so they have become for me the straw man. You are the link between us two. You are the straw man because you are a product of that group that I see over there. I have to think who do I address my case to? While this document that I pass to you ehara tnei he submission. Trans BG 15 Trans BG Trans BG 20 This is not a submission. - - - Im submitting to know one, he pepa tn, Just a paper. Thats a statement from a citizen of te Whakaptanga under its own sovereign right and its own jurisdiction, tnei taku t kei knei That is my stand here. So in essence, the document you have addresses those two key elements, te Whakaptanga and The Treaty Mori version. Nowhere in either document can I find in my study of those documents and discussions with those more learned than myself, the question that we ceded sovereignty to anybody. When Hone and Waikato went to England, ko t rtou krero i hiahia ki te kite i te Kngi o r w Trans BG Trans 30 BG They wanted to meet the King of England. The krero that comes back to us and that had been written is they addressed themselves he kngi ki te kngi. King to king. A king addressed a king. Now, if in actual fact Hone was a rangatira, and we have no doubt in saying that here, then it meant that the thinking at that time was that the least he rangatira he Kngi. A rangatira and a king. Because that happened back in England at that time and a rangatira was addressed as a king and he in turn addressed the king. So we begin to understand some of the terminology within those two documents. Nowhere in either document does it refer to a Mori as an individual. If it does, please show me, ko ng kupu kei roto i r pepa tokorua, he rangatira, he tangata Mori, he tangata, engari harakau k i kitea he

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Wai 1040, #4.1.2 tangata, he krerotia he Mori, that designation that has been placed on us comes not from the Mori but form ng tauiwi o t-whi o mana nui a Kiwa, but it has come from Trans 5 BG The words in those two article papers terms a rangatira, tangata Mori, a Mori man, or a man. But nowhere will you see the term Mori. People from overseas, beyond the Pacific. - - - that we are Mori. But we are a tribal and a hap people and that is how we actually defined ourselves ahau nei ko Bruce Gregory, n te hapu, n Ngti Te Ao, n Te Rarawa o Ngpuhi-nui-tonu the question Myself, I am Bruce Gregory of Ngti Te Ao hap of Te Rarawa of Ngpuhi-nui-tonu. - - - of The Treaty arrived was that a national entity of the tangata whenua of this land was a new concept. It was a concept that required new terminology. It was a concept that needed reshaping and rethinking. Hence the term like tino rangatiratanga, tino rangatira, he aha tr mea, if a rangatira is king, he aha tr mea te tino rangatiratanga, he is What is that thing? What is tino rangatiratanga? - - - greater than a king. Those are the terminologies you need to grasp within those two documents, he aha tnei mea ko te kwana, he kupu hou kei roto i ng whakaaro hou o tnei motu o ttou o Aotearoa, if a govenor What is this thing called a kwana? It is a new concept. It was a new concept brought to this lands of Aotearoa. - - - and a king and what was his role here in Aotearoa? These are the realities that we grapple with. The reference to government, governing, all become all too true in their meanings when they are understood within the context of those situations where those two beings came together. If in actual fact it was understood by our people, by the people o Aotearoa, ng tangata whenua, he rangatira tnei, e pa ana ki a ia, te tino Kngitanga, e phea ttou i nei huatanga e pa ana ki roto i ng pepa e rua nei. Is this a rangatira, a king? How did we look upon these new concepts that are in these two compacts? - - so these are the issues as I believe we should be defining, grappling with and establishing the realities of our situation because nowhere does it say that we ceded sovereignty. They were in actual fact travelling the world, our people, ng tangata whenua. They started off doing that in their waka, they left from Hawaiki, Hawaiki-nui, Hawaiki-roa, Hawaikipmamao. You know, as you look at an island, to start off when youre close to it its huge, but as you move away from it in your waka it become stretched out into a long line and when you move beyond the point where you can barely see it, Hawaiki-pmamao. Those concepts were carried with them

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Wai 1040, #4.1.2 to the new land in which they came and they transplanted them there. That was a form of memory propping, that they brought their histories and replanted them in here. So, e ttou ma, ko Hawaiki i r w, n konei i tnei w. 5 Trans BG So we were of Hawaiki in the old days, we are of Aotearoa in these days. If you look at many of the place names around the motu now, they had their origins way back in Hawaiiki, Poroporo in Te Hpua. We could go on telling those stories. But, e ttou m, I hope, and I have made no great mention to the submission, I - sorry, to the statement that I make, not a submission, its a statement that I make to you, and I suppose having made a statement, I am going to take up my sovereign right and say, I cannot answer any questions until I know who I am talking to. Kia ora ttou. Mr Sharrock, is that an appropriate time to break for lunch? I believe so, sir. Just before we pass it over to Mr Tipene, sir, just so that I can be clear how we are starting after lunch, are we still going to have questions or are we going to start with the next witness, just given the last statement. I would just like to have that clarified. As a panel we will discuss whether we have any questions of Mr Gregory. Mr Irwin, do you have questions? You may have a few. Mr Sharrock, is that the completion of Mr Gregorys evidence that he wants to present? Mr Gregory, I believe, wants to speak for about another 10 minutes, sir, after the break. 10 minutes after the break. He is looking to speak for 10 minutes after the break. Ka pai, sir.

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WEEK 2 DAY 3 SESSION 2 [12.27 PM] FINISHES WEEK 2 DAY 3 SESSION 3 STARTS
Hearing Resumes PT Mr Sharrock I understood your witness had another 10 or so minutes and we would move to questions. e tn r ttou katoa, e haere tonu te krero. I carry on with my evidence.

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Wai 1040, #4.1.2 GS In closing, I really just want to touch on one issue and it may very well be a contentious one but, nonetheless, I believe that in terms of our people tnei krero m te motu, ahakoa e puta mai ki knei e Ngpuhi-nui-tonu, This term, the motu. I just want to be brief here because I want to make a further presentation to the table, to consolidate the question of the sovereign issue. Now, one of the organisations in Moridom which has a history that goes back also to the krero that was mentioned the other day, way back in 1808, and the formation of a full Mori parliament in 1816 since when the khuiarau has been present. I dont want to dwell on the kaupapa engari. I do have an important document here which is a treaty which has the seals of the British Crown or the Queen, the seal of Lieutenant General Hobson and also of the Taiapuru, and I really want to present that or to show it the Tribunal as a Mori organisation that was practising its sovereign right, right up until recent times. It is still in existence, waihotia kei kon. Trans GS JC 20 ?? GS And I will leave it at that. If you could take that up and show them that document there. Mr Sharrock, would you look to file copies of that or is Dr Gregory wanting us to just view it now and then return it to you? Just to view it. This treaty also had Ngpuhi-nui-tonu involvement in it as well and even currently, their representations from Ngpuhi were then the ariki lines that deal with this very take, kia ora ttou. This other document that has come with it, is that to be filed? What does that mean? Do you want to file the document, do you want to leave it as evidence, the letters et cetera. Have I been given this by mistake? It is to Dr Gregory from Rawiri Te Puru. It may have some explanation on that document from the secretary of the organisation. I am quite happy for that documentation to be held, but except I am only holding The Treaty in the kaitiaki and that is it, kua mutu taku krero. I conclude my evidence. Tn koe. Mr Irwin, do you have any questions?

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Wai 1040, #4.1.2 AI Sir, I have reassessed matters over lunch and as a consequence of that I dont have any questions, just a very brief mihi. Kti tn rawa atu koe e te rangatira, tnei te mihi atu ki a koe, tn koe, whakatakoto i tnei tonga i mua i Te Karauna, n reira tnei te mihi atu ki a koe, kua k mai koe, kore koe e whakautu i ng ptai ki te kore Te Karauna, e whakatakoto i ng credentials a Te Karauna, n te mea karekau he ptai, karekau he tonga hei hatu, engari, kua rongo ahau, kua mrenatia koe, ki te kore, he wahine ku hei hoatu, kua rongo ahau ko tnei te tkanga a Ngpuhi, engari, n te mea, karekau he ptai, karekau he tonga. Trans Thank you sir, thank you for your evidence. Thank you for laying down this treasure on behalf of the Crown. You have stated you will not answer any questions unless the Crown offers their credentials because we have no questions, there is no need, we have no gifts to offer you. But I have heard that you are married, if not we have a woman here available for your consideration. I have heard that this is a time honoured Ngpuhi tradition but because we have no questions, then the need does not arise. Sir, before we do move on to the Tribunal, Ms Sykes, she wants to question Dr Gregory, so perhaps she is going to put her tonga forward.

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Annette Sykes questions Bruce Gregory [1.36 pm] AS I want to do it in this way. Mr Gregory, there are a number of matters that are raised in your analysis of the Whakaputanga and Te Triti. Are you agreeable that where you depart for instance from some of the matters raised by Mr Manuka Henare, you would defer to Mr Manuka Henares interpretation of matters? BG Trans AS Karekau taku rangatiratanga kei roto i tr krero. My rangatiratanga is not in that krero. Well then well go to some specific issues, because they are quite significant departures. One of the issues that I would like to take you to is paragraph 31 of your main brief. Kia ora. Would you accept that within the Whakaputanga that one of the significant conceptual frameworks is not included in your hierarchy wording, is the term whenua rangatira? It is not here. Mana. It is not there, would you accept - it is not there. I dont seem to have it here. Would you accept it should be there because that is one of the fundamental underpinnings in conceptual terms of that document?

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Wai 1040, #4.1.2 BG AS BG AS 5 Kia ora. So that should be included? Yes. I am asking my question again, because I dont want to waste time. There is a whole part of Manuka Henares brief which discusses in much more detail than you did about this. I am asking you would you be prepared to defer to his research on these matters? I have no difficulty with that. Really my presentation here is a very prcised process and if I could just perhaps tnei tku nei whakaaro, kei te mana te tuatahi, ki raro i tn ki au nei ko te tino rangatiratanga, ki raro i tn te rangatiratanga, ki raro i tn, Te Kngitanga, ki raro nei, ko Te Kwanatanga, kia ora. These are my thoughts. First is the mana, second is tino rangatiratanga and under that comes the kingitanga and below is kawanatanga. Can I take you to just one further matter and it is paragraphs 59 to 61 and you are looking here at a separate Mori justice system being protected and in operation and what you are saying is it went beyond the requirement contemplated in he Whakaputanga of coming together in autumn to make laws. There was also an implicit recognition that Mori had the power to adjudicate their own laws. Would that be a fair summary of what you were saying there? Yes, that is correct, yes. That is within the Whakaputanga. Paragraph 61, you said that Mori would exercise tkanga in purely Mori disputes. I want to give this proposition: There would be a dispute between Te Arawa and Ngpuhi. Whose kawa would prevail over that dispute in Ngpuhi? I want to be clear we are in Ngpuhi, Te Arawa comes here ki te takahi te mana o Ngpuhi. Whose mana, whose authority would prevail in that dispute? Ae, ko te tkanga o Ngpuhi. Ngpuhis. Kia ora. Therefore, and I want to use another example and I would like you to reflect on your statement at 61, and we are talking at the period 1835 and beyond The Treaty. If there was a dispute between Mori and Pkeh under the tkanga of Ngpuhi, and the Pkeh transgressed laws, whose law would prevail in your understanding? e, ki a Ngpuhi ki au nei i tr whakaaro, n te mea ko te tino rangatiratanga n rtou ki konei. Ngpuhi because the tino rangatiratanga is with Ngpuhi. So number 61 needs to really be adapted to that conceptual understanding which, as I understand how you have put matters this

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Wai 1040, #4.1.2 morning, kei a koutou te mana taketake o te whenua kei a koutou te mana whakahaere mehemea he raruraru. Trans 5 BG TP JC TP JC 10 TP JC You have the long standing mana over the land and you have management rights over the land. Kia ora. Sir, Mr Potter here. I have questions for this witness. Is there some of the evidence that you contend? No, just evidence I wish to draw out, sir. Is it just, do you want what the witness is saying? It has not been drawn out in what the witness has presented. It is in his evidence. I just want to clarify that, sir. Yes, you made your point.

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Tipene Potter questions Bruce Gregory [1.42 pm] TP Tn koe, Dr Gregory. Ko Tipene Potter tku, he roia ahau, khore he roia m Te Karauna. Trans TP My name is Tipene Potter. I am a lawyer but not for the Crown. I have got some questions for you about your evidence. You say that your evidence refers to the understanding that Mori had in terms of Kwana in the times leading up to he Whakaputanga and leading up to Te Triti. Correct. And that much of that understanding came from the relationship whether it be good or bad that Mori had at that time with the missionaries and with scripture about the term kawana. That is an aspect of it, yes. Your evidence is also that Mori understood when they were leading up to the time of signing either He Whakaputanga and/or Te Triti that Kwana meant something lower than absolute sovereignty, it was a lower power. Correct. That Mori also understood that Kwana was similar to administration, it was an administrative function. Perhaps if I could just come back to the previous statement that you made. In terms of their understanding in my view at the time, was that the Kwana was beneath the Kngi. The Kngi, rite tonu ki te rangatira, engari, karekau i tn ki te Kwana, Kwana ki raro i te rangatira.

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Wai 1040, #4.1.2 Trans TP 5 BG TP 10 BG The king was similar status to the rangatira but not so with the Governor. The Governor is subservient to, is below the rangatira. So the Kwana did not have the ability to pass laws? That wasnt part of the understanding that Mori had leading up to the signing of He Whakaputanga and Te Triti, that a Kwana did not have the power to pass laws? That is correct. And that in signing Te Triti, Mori agreed to the Crown acting as a Kwana in some form? In signing the Treaty, Te Triti, a Mori version, it meant that the responsibility of protecting the tino rangatiratanga was what in actual fact was the responsibility of that document. With Kwana, that was something that the Crown may have been able to be involved with, to be a Kwana? Sorry, can you repeat that question? That in signing Te Triti, the kaituhituhi of the day understood that the relationship they were getting into with the Crown was one where the Crown was going to act as a Kwana? No, no. The function as I understand it at that time, was that the Kwana was to protect the tino rangatiratanga of the people. And a Kwana can only do what they are told? Correct. So that means that somebody else other than the Kwana was the boss? Correct. No further questions. Kre he ptai mai a mtou e Te Taraipiunara nei, n reira kei a koe e te Tkuta, tn koe, ng mihi nui ki a koe, m u krero, whrikihia i te ahiahi nei, tn koe. We do not have questions of you but doctor, we would like to congratulate you and commend you for your evidence you presented today.

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Kia ora. Excuse me, your Honour. There has been a request for a kuia to sing a waiata as well to accompany this krero, kia ora.

Wai 1040, #4.1.2 ?? If you ever sail across the sea to Kawai, then maybe at the closing of the day, you will sit and watch the women in the hui house and watch the barefoot Moris at their play. Oh, the Pkeha they came to teach us their ways, they scorned us just for being what we are, but they might as well go out and pick some pupu, or fit a kutae in a pipi shell. Sir, the next person on the agenda is somebody who has long been a staunch advocate for the environment around this region. It is Ms Emma Gibbs. Her document is B18. She is down to be led by Jamaica Chambers. I understand that Mr Hutton and the Tongan baron are back. Tn n ttou e te Tpu, e te pae tapu, ng karangaranga maha o Ngpuhi-nui-tonu, mku te hnore hoki, kia t ake, hei tautoko, hei whina i a Emma Gibbs, ko te kai-krero, ttahi o ng kai-krero o ng hap o Ngti Kawa, o Ngti Rhiri, Ngare Raumati, whakarite ana ia i na pikitia o na whnau, na rtou i whakaako i a ia e tupu ana, ka pirangi ia, ka mauria mai tna tpuna, mai i te wharenui nei, kia krero atu ia ki a rtou, n rtou i whakaako i a ia. E hika m, ko te roia nei, Shane Hutton, he mahi tahi mua ko Shane, he uri o koutou, he uri o Ngpuhi, n ng rohe o Whngaroa, n Matauri, me Waitangi nei. 20 Trans Greetings to the members of the Tribunal, to the pai tapu and to the people of Ngpuhi, it is my honour to stand here to assist Emma Gibbs, the witness now from the hap of Ngti Kwana, Ngti Rhiri, Te Ngare Raumati. She prepares her resources of her elders and parents who taught her growing up. She brings her ancestors portraits so that she can speak to them as she delivers her evidence. A lawyer here, we work together, he is a descendant of Ngpuhi from Whangaroa from Matauri Bay and Waitangi. JC EG 30 Kia ora ttou. Can I start now? E te Judge, ng rangatira o tnei huihuinga, ng kaumtua, ng kuia me ng rangatahi katoa, ng mihi nui ki a koutou katoa. I mua o ku krero, kia mahara mai ttou ki r, kua ngaro i te p, takoto mai, takoto mai, takoto mai, i te tmatanga ki ku krero, ko nei mtou nei tpuna, e mhio ana ahau, e ora tonu ana i te taima, i te whakatngia, i te Whakaputanga 1835 me Te Trti o Waitangi 1840, ki raro te mana o nei hap, Ngti Kawa, Ngti Rhiri me Te Ngare Raumati, ng whenua hoki i tmata mai ki te maunga o Pouerua, Oromhoe, te whenua hoki, mutu mai ki Waitangi ki te moana. Ko nei, ku nei tpuna, a tpuna o taku hap hoki, kei Te Kemara, Hepetahi, Marupo, Mahikai, Te Tao, Tuhirangi, Peia, Hone Heke, Haratua, Whara me Titaha, a muri atu nei nei tpuna, ko nei ng uri, he matua whaea ki ahau, i roto i tku nei tupuranga, koia nei hoki ng kaituku krero tawhito ki ahau nei, Ringatangohia Cross Gibbs, twt Ashby, Pr Wareti Taituha, Mereata Rangi Tane Ututaonga, Wremu Hpati Tane, Erana Peihana Kakopohe, Te Aira Maioha, Mkere Ngutuwhnga Joyce, Mikaira perahama, Himi Whanake Taituha, Haami [Ph 1.55.39] Ngawaka Apiata, Pita Apiata, Himitai Te Apiata, Waiata Apiata,

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Wai 1040, #4.1.2 Meremere Reihana, Paora Takimoana, Taka Reihana, Pni Meherewaina Takimoana, Rehu Manihera, Haki Te Ngakaupouri Takimoana, Hikirori Taurua, Mamaeroa Apiata, Hwe Apiata, Mare Komene, Waimpere Whongi, Erana Manuka Apiata, Arahia Heihei Taurua, Waitiroa Apiata, Rau Tahere, Rewa Sidia [Ph] Marsh, me tahi atu i waho o ttou nei hap. Koia nei ng tngata i whiwhi ai ahau ng krero e t ana ahau i tnei r i mua i a k outou, a muri atu i te oriori o taku nei tino tpuna kei Te Kemara, me huri ahau hoki ki te reo tuarua. 10 Trans Judge and Members of the Tribunal, the elders and the young, warmest greetings to you all. Before my evidence proper, let us remember those who have passed on to the night, may they rest in peace These are our ancestors that I know who were still alive when the Whakaputanga of 1835 and Te Triti o Waitangi 1840 were signed. On behalf of the mana of these hap, Ngti Kwana, Ngti Rhiri and Te Ngare Raumati. The lands commencing from the mountain Pouerua ora Mahoe and the lands unto Waitangi and the sea. These are my ancestors, the ancestors of my hap: Te Kemara, e Putahi, Marupo, Mahikai, Te Tao, Tuhirangi, Peia, Hone Heke, Haratua, Parau and Titaha. Following these ancestors, these are the descendants who are elders to me and when I was growing up these are also the people who handed down the ancient stories to me, and the following. And others from outside the hap. These were the people who gave me the stories that I can offer to you today. After the lullaby of Kai Te Kemara, I will turn to this other language. He whakaoriori hoki tnei ta Kaiteke m tana tamaiti, Tamarangi Huanga, kore he kahawai ktiti, haphia koe ng hau o te rae, a weroha koe i te anu o Hikurangi, e kai ki t kiri, to hia Ihowa koe ki te tohi kuare na, nei ka taua te k a mai nei, m Whiorau rnei, m Tpeka hoki, e tika ana a Tpeka he utu tangata hoki, in ia te kore ko to tpuna, ko Takaroa. Takoto mai i roto o te Wharau, ehara kua matai whetu, kaia ng mate, me mktu koe kia mataa mra, ki a Manu mr m te whenua nei, m te waka uta katoa e k roto o Waipapa, e tae r koe ng rake mnawa, i roto i te ihu puku, ki te iwi e. Rukuhia e tama te au ki Kororipo, ko te utu tn o tpuna e tama e, k a mai nei, ka ngaro a Ngpuhi, waih, kia takoto, he tkoki waka nui, he tturu wharenui, ko Puhi Taniwharua, t kei mai ana ng puke i te uru, kauria e tama te awa ki Hokianga, kia whkahi koe, kia nuia ki a Araiteuru, tahuri o mata ki Panguru, ki Ppata, tono kia e tama te whare i a Tetai, e tae r koe e uia mai hoki, mu e k atu, ko te uri tn o Hwhero, e pepehiatia iho, i mua r e tama i a Tkiri, koia e ora ana, whata mau e tama ng kohu, he ttao i raro o Whr ki te iwi. Whakarewa i ng r, te Kauri i te wao, hoki mai, whakamuri n runga mai koe i Ngi Tpoto i t matua hoki, i whakia e ka, whakamaua mai koe ki te rkau, kia riri ai te tama nei, kia nghai ki te kro patu e tama. Trans Dive, O sun, into the whirlpool at Kororipo that was the revenge of your ancestor, O sun. To see that the Ngpuhi has faded away left to be like a large, unstable canoe, a great house is Puhi of many chiefs, standing differently to other hills in the west. Swim O sun, the river, at Hokianga,

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Wai 1040, #4.1.2 that you may catch nuia and Araitemu. Turn your eyes to Pangaru to Papata, enter O sun the house of Tetahi and there enquire, it shall be for you to say that is the descendant of He Whero whose sayings shall be remembered before, O sun. The low lying clouds spread out beneath wharo to the people. Elevate your self like the kauri of the forest, return back, you from above, from Ngi Tuputo, from your parent, from whatia, that you may grasp to the weapon, that this sun may rise to anger his fury to arise, to parry of the blows, O sun. EG 10 This was told by my mum was that Kai Te Kemara had a kaitiaki in the form of a kwau, a shag, which he found lame and nursed back to health. Kai Te Kemara would communicate with the kwau, the kwau would be sent to oversee the places that Kai Te Kemara had concerns about. On its return it would sit side by side with Te Kemara looking him in the eye, telling of all that he had seen. You see that oriori is very explicit about our boundaries and my nanny also says Dont go over and run other peoples business, you stay in your enclosure, this is as far as you go. I reira atu e krero ana a Ngti Rhiri, Ngti Kawa me Te Ngare Raumati. That is the word of Ngti Rhiri, Ngti Kawa and Te Ngare Raumati. This krero was only passed through two mouths to me from a signatory of te Whakaputanga 1835 and Te Triti 1840. I have no ceremony for my nanny but they are there in front of you today and there is Kai Te Kemara there and the photo next to it is his son in law and his whngai. The kuia that he is with is Hone Hekes niece, He uri n Peia, and the kuia next to Kai Te Kemara is Te Tpu tea and we talking about Te Tii Waitangi, i reira i tmata te ingoa o Te Tii Waitangi. That is where Te Tii Waitangis name commenced. The photo that is over there is Mum. So the krero came from that old man, to the man in the next photo, to Mum, to me. No in-betweens. I am a claimant in Wai 1477 claim which has fallen on behalf of Ng whnau o Waitangi, Horotutu, me tputaputa o pahi, Ngare Raumati, te uri o Ngongo, Ngti Kawa, Ngti Rhiri, Ngti Hine and Ngti Toki. My two marae are located at Waitangi where we hold mana moana and Oramhoe, where our family also holds mana whenua. My tpuna was the last chief at Waitangi. He was a rangatira and a tohunga. He was known as Te Kemara or Kaiteke, but to his uri we have always known him as Kai Te Kemara. We never chose which name, we used it wholy He is my great great grandfather so I am not far away from him. I am proud to speak today because where this tent is sited you can see there is a bit of a mound here and on it you have the Tribunal sit on that mound because that is grandpas long house - we are in the right place. My childhood at Waitangi: I was born at Kaiptiki in Waitangi. I grew up as a whngai with whnau from Oromhoe, noho ana mai i te Paepae inland from Waitangi, and was familiar with my two marae at Waitangi and Oromhoe. My whangaid parents were Arthur Ashby, which I will call Dad, and Bella Taituha which I will call Mum. I was bought up

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Wai 1040, #4.1.2 amongst the old people at Waitangi and Oromhoe while Dad spoke English, we only spoke Mori at home. Mums English was very poor and limited. Dad used to plough the gardens at Waitangi at this marae, just over there. They grew lots of kmara, peru, corn and other vegetables. He followed the maramataka for everything, whether that was fishing, hunting, gathering rongoa or planting crops, as far as the gardens were concerned, I am one of the few people left who can say they worked and helped tend the gardens at this marae on this whenua. My mum was the backbone of the marae community. She had been brought up at Waitangi Marae along with my birth mother. Both were like sisters to one another. Mum and other kaumtua or kuia would always be working at either Oromhoe or Waitangi marae. Everybody in the village would go from house to house with their kit of pipis and other kai moana or a piece of meat to share. In those days extra was always planted in the gardens to share at Hui for both maraes. The marae was a big part of our everyday life. There were always a lot of people and children there. In those days no one sat back, even the children the only thing that children were not allowed to do was talk on the paepae. I first became aware of the Pkeha world when I was taught my whakapapa for both my Pkeha and Mori sides. I began learning whakapapa at nine years old. My Mum and Dad took me and my sister everywhere with them this was mostly to church and Waitangi and Oromhoe marae. They were stalwarts, if any other marae needed help, they would answer the call. We sat and listened to them all talking and debating current issues and comparing notes on how things used to be as a child these were my listening years. The old people said that they noticed that I preferred to sit and listen to them rather than play. They referred to me as one of Kaitekes uri and that I always held an interest in who was who around me. At nine years old my parents, kaumtua and kuia decided that it was time for me to have more on a hand on experience by working on the marae and also to learn marae protocols and traditions. I was taught about tangihanga, the maramataka, womens role in karakia, weaving and other crafts, culture performance, rongoa, right down to the dos and donts around men. I remember being told never to step over the mens leg or their tools of trade. My mother was very strict about these traditions and did not stand in the way of my uncles or aunties when they corrected me. I was never hit as a child by anyone but I certainly received my fair share of the growlings. My Dad was from the Perapii, Tangiwai, Kaire and Edmonds line. He served in the 28th Mori Battalion during the Second World War. My Mum was from the Marupo and Kere Mnata Peia line. Peia is Hone Hekes older brother. She was only four generations from Marupo and Peia. Mum was an orphan at the age of four years after her parents died as a consequence of tuberculosis. She was brought up by her grandmother, Enehau Ktuku, that is the kuia there in the middle photo. Enehau Kotuku Keremena Peia and her second husband standing beside her, Henare Te Rangi Cross.

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Wai 1040, #4.1.2 I need to talk briefly about Henare Te Rangi Cross. He was born in 1840. His first wife was Ngpire Te Hinu, the daughter of Kai Te Kemara. From the time of Henares birth, he was under the care of Kai Te Kemara, up to the time of Kai Te Kemaras death in 1866. Henare was of a mixed blood and in those days the children born with Mori and Pkeh blood were usually killed at birth for fear of loss of the land. Kai Te Kemara protected him because his mother, Merenga Marara from the Ngti Taura line, was Kai Te Kemaras favourite servant and as a tohunga, he had that right to do so. Mum lived with Henare and Enehau Kotuku at Te Haumi until the age of 12 years after the passing of Henare she went to live with aunties and uncles at Oromhoe. A lot of what I know came from her. She had a keen interest in whakapapa and an immaculate memory. Mum would tell me about her life and the stories from grandpa Henare. She would say while I was in her care, as her whngai, I deserved to know about my real whnau and I had responsibilities to uphold because of my tpuna. I am very grateful for her persistence. My natural birth mother is Ringatangohia Gibbs. She was a Cross. She was the great granddaughter of Kai Te Kemara. On my birth, Ringatangohia contacted Dad and told him to come to Kaiptiki to pick up their new baby daughter. My natural birth father, Claude, a Pkeha, had no say in the matter. This is our way, the traditional whngai. I was 14 days old when I was handed over in a flax kit under a tree at Kaiptiki and taken away to start a new life at Oromhoe. I remember Mum insisting that it was time I spoke to my real mother. Dad had passed on by this time so she felt it was the right thing to do. Ringatangouhia taught me more of my whakapapa connections with Waitangi. Te ira Maioha was from the Kai Te Kemara and Hakuina line. I was her niece. She too recited whakapapa to me. I was grateful for this because it matched what I had been taught at Oromhoe. When I refer to whakapapa that means the whenua, the taonga, everything, its not just humans. Whakapapa General: Our whakapapa was guaranteed under the Whakaputanga. Whakapapa became even more important after the arrival of the missionaries. They saw us as untamed savages who needed to be tamed into a Pkeh mentality. [Indistinct 2.10.34] was the beginning of the end. The old people talked about how whakapapa ensured our survival. They described whakapapa as the [Indistinct 2.10.50] relationships. We have deities. Papa-t--nuku our mother earth, Tangaroa is the sea, Tne is the forest. Its principles were easily understood by my tpuna because the deities were intrinsically part or Kai Te Kemaras belief system as they are mine. They were physically identifiable, tangible and ingrained in his psyche long before the arrival of the Pkeh. Our belief system was guaranteed by the Whakaputanga. Leading up to the Signing of the Whakaputanga: In 1830 the Ngti Rhiri hap sold Waitangi to Henry Williams. It was on their return to Oromhoe that they met Kai Te Kemara going back to his kinga at Waitangi from Puketona. Coming to the end of the procession, Kai Te Kemara asked

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Wai 1040, #4.1.2 the last person where had they come from and why were they carrying gifts. The man replied that they had just left the mission station at Paihia, they having just sold Waitangi to Henry Williams. 5 Kai Te Kemara uttered to him: You are all under the spell of the Mihingare, but I am not, and he continues on to the mission station at Paihia. At the mission station he demanded that Henry Williams return his land at Waitangi. Kai Te Kemara never left this whenua at Waitangi again until his death in 1866. In 1834, four years after the purported sale of Waitangi to Henry Williams, James Busby became involved when he witnessed Henry Williams chasing Mori off the pipi beds on the Waitangi estuary. That is just over here, e hoa m. Henry Williams exclaimed that they were not entitled to collect pipis there and that he was the owner of the land and the pipis. The pipis were used for lime for his gardens and to use in mortar. Henry Williams incinerated the pipi, shell and all. It was an abuse of the relationship between Mori and Pkeh. You can imagine seeing your kai being dealt to like that. There was no thought by the Pkeh for the ecology or the other kaitiaki. There was no thought by the Pkeh for the reproductive cycle of the pipi; the pipis a kaitiaki. There was no thought by the Pkeh for Mori and their ways, it was all about Henry Williams and it was all about the Pkeh. Kai Te Kemaras disdain for the mihingare was well known as was his dislike for Henry Williams, and your researchers will find very little on him because the less they wrote about him, the better off they were. He refused to give up being a tohunga for Christianity. He could see his rangatiratanga of his people, of his land, of the resources and of his traditions being eroded away by Christianity. In defiance, Kai Te Kemara ignored Henry Williamss claims to ownership regardless of Henry Williams protest, Kai Te Kemara remained on the land this is the long house area. In 1839 Henry Williams gave the land he purportedly purchased in Waitangi in 1830, to both Kai Te Kemara and Ngti Rhiri. There is a small contention, its either and Ngti Rhiri or of the Ngti Rhiri, an issue that still stands today. In the last years of his life, Kai Te Kemara had the pipi beds at Waitangi surveyed by William Fairburn, that was about 1860. He wanted to protect the resource and ensure that his people were never to be deprived of their kai again, or ever go hungry. This was important, also because it was part of his right to manaakitanga to his manuhiri but, most importantly, these experiences with Henry Williams made him adamant of the need to ensure before he died that the land never left his control or his peoples control again. It was all this experience that was and remains reflected in the wording of the Whakaputanga. He wanted to ensure his chiefly authority was not subject to the authority of any other person. This is why my tpuna, Kai Te Kemara was so supportive of the Whakaputanga in 1835. He experienced and could see exploitation by the Pkeh. He understood the importance of retaining his rangatiratanga so that his people

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Wai 1040, #4.1.2 survived. Kai Te Kemara was a clever and astute man. He could foresee all, he was a matakite. Oral History of the Pipi: The pipi is a kaitiaki. It guaranteed that there was always a bounty of other kai moana for Kai Te Kemara and his hap to draw on. The pipi was plentiful and available all year round. The spat of the pipi drew numerous types of fishing to the estuary to feeding. The fish were in turn caught to feed the hap. I remember a story my birth mother told me about the water in the estuary being a pink glow from the frenzy of tamure feeding on the spat (thats the baby pipi). She told me that when they were collecting the pipis they enjoyed having a play and swim in the water after they had collected them. When they were in the water they could hear the tamure crunching on the baby pipis (I think a few of you have experienced this as well). It was the ancestor of the humble pipi of today that once that fed the gathering of the Whakaputanga and all those predating the Whakaputanga. Kai moana is the natural food of Mori. The pipi is an indicator of water quality. It tells you what is happening in the ecology further upstream or inland. Ecology depends on harmony of one part working with another part in balance. If you exhaust or deplete one part of the ecology, it impacts on other parts of the ecology. The Mori way of life relied on this mutual respect for the environment and all in it. Mori were part of the environment, not masters of it. Te Taurangatira: The original structures at Waitangi Marae were two raupo long houses that belonged to Kai Te Kemara Ive explained his personal which youre all shareing the warmth in. When the Whakaputanga was signed by Kai Te Kemara, he expressed his confidence and acceptance of it by gifting a long house for the Whakaputanga as the Taurangatira. TBA 30 EG Aroha mai, whaea. We are at paragraph 49. Kia ora. Im on 45, at the Taurangatira. This was an expression of tautoko and whakamana of what he had experienced, heard and discussed leading up to his signing of the Whakaputanga. The long house was sited on approximately half an acre of land known today as Te Taurangatira. The Taurangatira enabled other rangatira of the motu and their hap to erect the premata. This was done to enable all to meet on a regular basis and discuss issues concerning their rangatiratanga and the exercise of rights in accordance with the terms of the Whakaputanga 1835. The krero and the Whakaputanga itself were of great importance to him because it acknowledged and recognised his rangatiratanga. Many of our tpuna would have seen their roles as rangatira under threat and their mana to uphold ancient traditions of lore, lost to a new foreign regime. He kept the other raupo long house for his whnau and all his descendants. Now, Im sure youre aware where the other long house stood, across the paddock here, its only about 200 yards away. Theres another stony mound; there is a seat on there and a lectern, that that is where the premata is meant to be, not in Wellington.

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Wai 1040, #4.1.2 Now this house here, this was important because it ensured that the haukinga could powhiri the manuhiri before they entered the Taurangatira. My aunties and uncles spoke about the Taurangatira and its importance. While working in the gardens, they explained why things were located where they were at Waitangi. Te Taurangatira was an area that was considered sacred. My father was very mindful never to go near to the Taurangatira with the plough, I think it was one of the first tractors and plough that ever came to Waitangi to assist our kuias put their gardens in. My aunties and uncles told me of the sacred stone markers that were placed around the Taurangatira, with ancient karakias signifying a specific area that the taumata would camp. There were a number of stones laid down with mauri. Each stone marked the spot for each individual manuhiri from around the motu to locate themselves. This position never changed right up to today. Manuhiri aligned their taumata with the same area every time a hui was called. The placing of the stones confirmed the kaupapa was set; the kaupapa being Te Whakaputanga 1835, even as a child I remember a heap of stones that was really untidy. The Taurangatira was easily recognised because of the raised stony platform that it was sited on. Over the years the stones have been moved and lost by those with little or no understanding. Today there are poupous that signify the whare location. It saddens me because the poupous are not quite in the right place. In recognition of the Taurangatira, a stone seat and lectern were built by the hap, and its, like I said over there, the mokopuna of today do not know why it is there or what it stands for. The seat and lectern were erected by my uncles and cousins. Those stones were collected from Te One I Waho Te Kuaha Ote Ana o Maikuku to mark 100th anniversary of the signing of the Whakaputanga. I remember being told this because it was at that time Lord Bledisloe gifted the Treaty grounds and its surroundings to the people of New Zealand. When I was quite young, my Mum, uncles and aunties told me stories about my tpuna and the power to communicate with the elements, he could turn a calm sea into a turbulent wash to protect the hap from enemy toa or calm the sea to enable the hap to go fishing. He knew that when the people went to fish that species of kai moana were to be brought back and how much as was indicated in the Whakaputanga under rangatiratanga. The exercising of ancient karakia was a duty reserved for tohunga. He was trusted and his word was never questioned. He had the right and power to communicate with deities depending on the need of the circumstance. As a tohunga, if Kai Te Kemara placed a rhui on the sea, no one ever defied that ruling. When that happened; focus was on landbased activities. Even in my childhood my Mum made us respect this practice and to a large extent, I still do today. A practice of rhui was strictly adhered to. This was our most fundamental principle, core to our relationship with the environment and its resources. Oral Traditions: Mori history and knowledge of bloodlines has struggled to survive as common knowledge. As a consequence many Mori have

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Wai 1040, #4.1.2 lost perspective of who they are, where they come from and most certainly, how to find which they have lost. I know this because even today I help a lot of young people to reconnect with their whakapapa and connections with their whnau and with their whenua. 5 Much of our history in the Bay of Islands has been recorded, interpreted and portrayed by Pkeh historians, archaeologists and others. I disagree with this strongly because of a lack of connection. The eurocentric interpretations, the loss of meaning when translating from Mori to English, the misuse of information, the use of information without permission of the rightful kaitiaki and simply not following tkanga before embarking on collecting or disseminating information for all to share. I believe the portrayal of Mori should be undertaken by Mori. It is a beautiful language that inherently contains immeasurable meaning and interpretations by those who live it, far greater and more in advance than the English language could ever portray. The Whakaputanga guarantees a true understanding of a Mori world view in a code. That is because the Whakaputanga was to preserve the independence and integrity of things Mori in a Mori nation state. This is a code which is explained through the Mori language and in our oral traditions, the use and survival of our language and story telling was, and still is, central to the survival of Mori. Te Reo identified us as having our own rangatiratanga as an indigenous race. We were recognised globally for what we had to offer manuhiri or tauiwi in trade and commerce. It is foreign for me to think of Mori not knowing or practising these things. Just taking the time to sit and talk with the old people, to listen to the stories, to speak in your natural tongue, it is something that is basic to us as a people and it completes us as a whole. My grannys parents, aunties and uncles passed on their knowledge to me to ensure I had full rights of access to physical resources, to my historical ancestry and a perspective of where I sit as an individual and as part of the hap and iwi. It also allows me ultimately to be in a position to hand on this knowledge to future generations in its purest form. Trade: Tkanga has always meant for us that you must first sustain your hap and surplus assets are preserved and set aside for trade. Starving and unhealthy people are indicative of poor conservation management of sustainable resources. Our rangatiratanga ensured by the Whakaputanga recognised the bounty of our resources and the quality of our whenua. This was a consequence of traditional management practices. A thriving nation is undermined when there is inappropriate experimentation with resources and culture changes are made which have no accountability. The Treaty seemed to usher in that sort of era. The Whakaputanga by contrast ensured accountability and responsibility by providing the right balance between old and the modern, such that the future from 1835 and in terms of Mori could be both accountable and responsible for Mori and its leadership. Out of that spirit of wise and good intention, commerce could flourish between Mori and Pkeha. Te

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Wai 1040, #4.1.2 Triti of 1840 allowed the introduction of a new culture which sought to impose itself without consultation upon Mori under the guise of government. It quickly became a document which gave a few settlers a disproportionate chance to profit from a government they control for their benefit and often to the disadvantage of Mori. At this point I would like it to be noted that the Church Missionary Society under the pretence of peace and goodwill to all men, was through the missionaries present at both occasions, the signing of the Whakaputanga and Te Triti. I am sure they contributed to circumstances favourable mainly to the settlers by taking advantage of the aroha of our tpuna customarily engaged in. Oral History of the Tuna: Tuna was one of our most plentiful resources. Mikaera Aperahama always visited Mum to bring her three or four tuna. He was an expert when it came to catching tuna. He said there were 25 different types of tuna that he knew that filled our Hap Rivers. The tuna I remember are kuwharu, kirirua, tunaheke, piharu, oke, and Imm disappointed I didnt take on the rest, but n, however a tuna is kai. The old people used to construct hiringis also to store live tuna. Oral History of Fish: There used to be a lot of patiki (flounder) in the Waitangi estuary when I was young. We used to spear or net them to catch them. If we didnt have either of those we stood on them in our bare feet (can't see it happening today). I remember Mum telling me about the kahawai and the role it played. The kahawai was a kaitiaki to us. It would feed on the smaller fish and those fish not eaten were generally herded in shore and up the estuary for us. These stories gave me a better understanding and respect for the natural environment and the order that we have in it. Our place in Mori society was often indicated by our names or nicknames. In other words, people generally carried the name for what they were good at. Mum told me about the Te Tii Putea (thats the wife of Kai Te Kemara, she was one of them). Te Tii Putea had the nickname kahawai kotiti. She was of high rank and did not work like all the other women of the village. She would visit and mingle with members of other hap. Her place was to know what was being said within other hap and to keep all informed. This is about the rangatiratanga of women recognised by the Whakaputanga. We used to hangi a lot of pipi Im talking about food and preserving now, sorry - we used to hangi a lot of pipi, pua, kutai. Once they were cooked and out of the hangi we shelled them and threw them on to wiwi reeds and hung them in the sun to dry. Once the food had dried it was stored in a number of ways and would keep for many months. I enjoyed eating dried pipis, especially it was good for warding off hunger. You know the old people took it with them when they went to travel to the Mori Land Court hearings way back then when it was hard to get good kai. When we lived at Oromhoe Mum put cockles or pipis into a flax kit and left it in the freshwater creek for up to one month. They were very smelly

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Wai 1040, #4.1.2 but I enjoyed them and still remember the taste today. The river was used to preserve food such as kanga ko piro (fermented corn) or karaka berries. I actually have some karaka berries at home in the freezer, it really smelt bad but it tasted beautiful and sweet. Native oysters were another favourite of mine. Mum or Dad would dig a hole and bury the oysters in a sack. The oysters would preserve for up to a month, got fat while in storage. When we dug them up they tasted just as fresh. Kao, which is the small kumara, was usually put in the hangi, along with karamu leaves. This practice was very common on this very marae, and then placed out in the sun to dry in readiness for storage in a dry rua for winter supplies or manuhiri. We used to dry and smoke fish, tuna, wild pig, by hanging it up high above the fire at home in the chimney area. I also saw the cold smoking of fish done in dug outs in clay banks. The nets used for fishing were made from flax by a very old man. I was too young to remember his name. There was one man that always did it but he was just about gone when I was young. I remember a net that was made with tight weave. It was used to herd the tuna into the pungas. Hmi Aapiata, his wife Meremere and his daughter used to make pungas and these nets from supplejack. I knew him as Uncle Sam and Auntie Meremere. They taught me many of these things for which I am very grateful today and which I am now able to pass on to my mokopuna. Our relationship with the water, both spiritually and physically, is held in the highest regard as is the whenua, even more so than in regard to money and gold. Money and gold weathered away the responsibility of caring for the essential elements which ensured the provision of good food and quality freshwater. I was brought up to believe that the water and the land, by looking after it meant that it in turn will look after you. Kaitiaki: The true kaitiaki is the ecosystem, the flora and fauna of the land and water requires the ecosystem to survive within it? They, the kaitiaki, the flora and fauna, are the spiritual communicators to man. My tpuna always paid his respect to Papa-t--nuku and those kaitiaki I have spoken about, this kept him focused on why they were on the land and the need to adhere to traditions that promoted good management practices of the land, the waterways and the wetlands. The wetlands operate as the kidneys of Papa-t--nuku, a natural filtration system of which we are desperately short of these days. I say this again; this is why my tpuna, Kai Te Kemara was so supportive of the Whakaputanga and all it stood for. With his experiences of Pkeha exploitation, he could foresee what was coming. Rangatiratanga would guarantee his people remain strong in their tinana, hinengaro and wairua. His aspirations were a footprint for Mori to remain self sustaining rather than becoming dependent on imported lifestyles. Waterways: Under my tpuna our responsibilities for our water and waterways begin at Pouerua. At Lake Owheraiti, the Pukettara Stream, Orangi, Te Manga, Te Poti, Waiaruhe, Te Rohanga, Kuparu, Puketona and finally finishing at Waitangi. Just a brief reference to the importance of our waterways, Mum told me of one of the kaitiakis of our waterways

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Wai 1040, #4.1.2 and the name was Patutuna - that is another story. The waterways were also an importance source of materials used for building whares, rope, nets, mats and baskets. 5 There was a plentiful supply of raupo, flax, kiekie and kuta to use. Were the Whakaputanga officially part of our law, I strongly believe that we would not have so much pollution in our water today and that we would eat our fish, guts and all as we used to do in the past. I still want to eat the liver raw of the fish. I dont know how many do it today, but by crikeys, it is better than pate, but we are frightened now, the water is so polluted. Te Rongoa and Health: The affinity of our environment extended to the knowledge of natural medicines and the use of soil and clays as fixing agents. Dont know whether the whenua is very healthy for that now. Mum and Auntie Mere Ututonga used to talk to me about te rongoa, krari, kumara hou, kawakawa, matipau, tpau, kapakapa and tpkihi were the most common resources used when I was growing up. Koha: We did not look at the Whakaputanga as a tool or a means of ensuring that there was a profit at the end of the day. It was my rangatira who was best placed to decide what it was that we needed. It was my rangatira who allocated to tribal members resources guaranteed under te Whakaputanga. Profit was not the focus for Mori. We operated on a system of koha. The benefits of trade were shared within the hap and any surplus from the trading was reserved to give to manuhiri or as part of whnaungatanga. This practice was a means of maintaining intertribal peace. When I was a child we used to visit our relatives in Whakatane and it was customary to take with us preserved Mori kai as a gesture of good will and a sign that we came in peace. Tkanga: Most of the people living at Waitangi now were born in other places. Their parents were forced to find work elsewhere than where they came from. As a result of moving to Waitangi they have brought with them mannerisms from the places they came from. When the Pkeh arrived it was a challenge for rangatira, especially for those who found it difficult to adapt to this new world. In many cases the newly arrived ways of the Pkeh were directly in conflict with our ancient tkanga. It goes without saying our tkanga has been in existence for many generations. There was no explanation of how it should work. It just did. Rangatira had to work it out for themselves through their own experiences and not at the expense of others. My great great grandfather was an example of this. He was a signatory to the Whakaputanga and was led to believe in the retention of his rangatiratanga as that was part of his original intention upon signing. For him, it was meant being in charge of the Pkeh. He once said, You can live over there and when you have finished, off you go, and leave the whenua behind. His perception of the Whakaputanga in terms of the relationship it created with Pkeha and the whenua was as if to tenant the land, not for its ownership to pass to the Pkeha. That is why the Pkeha wanted our

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Wai 1040, #4.1.2 whine, so they could obtain access to land without having to bother with the implications and terms implied in the Whakaputanga. The Whakaputanga: The Declaration; the signing of the Declaration was essentially a continuation of rangatiratanga. Every generation right down to my Mums has discussed this issue of the flag especially at anniversary celebrations. I remember the old people saying Te haki, te aha te haki tika m tatou, aue, aue, aue. Trans EG 10 What is the correct flag for us? They really were confused. While the Whakaputanga was overshadowed by the signing of The Treaty, I do believe that Mori had retained principles from the Whakaputanga to ensure the independence of Mori and to ensure Mori self determination. I also see the Whakaputanga as confirming Mori entitlement to a collective self-determination but in that, also taking on responsibility for governing their own affairs. As a result of the sidelining of the Whakaputanga, some Mori have had and still do have an identity crisis. No matter what, you must never forget that you are always going to be Mori and Mori first. You must ensure that the foundation stone is strong and can withstand the weight. That stone will still be there in all Mori today as it was in the past. Pkeh dont understand these types of principles but we understand our stones. One of the most important principles that come from the Whakaputanga is the responsibility that exists for Mori and Pkeh within the natural environment, specifically, the food chain which Mori once managed. Pkeh do not think about or see this. They believe in their science and scientists and have no regard for our traditional knowledge and practice of rhui. The Whakaputanga was a genuine commitment by Mori to self sustainability. It had nothing to do with being more clever, smarter or richer than the Pkeh. If you compare the Whakaputanga with The Treaty, The Treaty is definitely not about sustainability for Mori. My Mum told me stories about Mori hopes, aspirations and betrayal. She remembered being told by Henare Te Rangi Cross that when Kai Te Kemara was alive he was very dissatisfied about how Pkeh did not keep their word, even when affirmed by written signature. The Treaty: The Treaty brought with it fence lines. When fences were built it was the end of the Whakaputanga. Fences are barriers to the trust between Mori and Pkeha. Prior to the fences, both Mori and Pkeha exhibited good business sense. When the surveyors came, the barriers soon followed. We were forbidden access to places that we once frequented. Today, the term that follows forbidden access is trespassing. Now; a small thing about The Treaty. I would like just to briefly mention our karaka tapu, our care, at the shoreline. When my tpuna went to the Treaty, he was very disappointed because he felt he was going to lose his control that he thought he had with the Whakaputanga and I believe there is a record of him turning up at The Treaty grounds to sign this document. He believed in his people. He is no

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Wai 1040, #4.1.2 good as a rangatira without his people, so whatever these people say, I guess he followed them through, but he showed disdain for this and the most important thing is he went there dressed in karaka leaves and he wore a tau, to sign That Treaty. He tried to convince his people, he tried to tell the Pkeh My land is gone, give my land back. He had a gross mistrust that his maire over there, that island there, so he certainly had a PhD about honesty and trust. He was a tohunga and he knew that the Treaty was not really healthy for us. However, he signed The Treaty and when he came home he took his taua off which was made of karaka and he planted it over there, that is why we have that karaka tapu, and he intended to plant that to hold mana for Ngpuhi-nui-tonu, that is why it is a symbol for us. Not many know this story but I decided we are in granddads long house, I will tell the story. That story belongs to his uri and if you want the reasons, then otherwise, you are welcome. And of course when the celebration years came along, my uncles went along to put a fence up to protect it even further. People have attempted to chop it down and do all sorts of things to it, but the spirit of that karaka is why we are before this Tribunal today. The Treaty was created to keep our people in limbo. The mixing of blood in terms of Mori and Pkeh has left us stuck on that fence. The Whakaputanga was the most successful thing for Mori. The Treaty on the other hand, created and induced separation of Mori from their tino rangatiratanga. This has been resonated by Kai Te Kemara right up until today. God Bless my tpuna. TBA JC Tn koe te whaea. I dont know if the Crown has any questions, youre Honour? Mr Irwin?

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Andrew Irwin questions Emma Gibbs [2.44 pm] AI Yes I do just have one question, sir. Tn koe. It is recorded Te Kemara spoke first of the rangatira on 5 February 1840 at Waitangi and that he spoke last, too, that day. Are you able to explain why that is so, if there is any particular reason why he was the first and the last to speak? EG Very simple; you are standing in his long house my dear. He must lead his people but he also had a duty to protect them and the mana of the rangatira i tmata ai nei pepa, ko Te Whakaputanga me Te Triti, nn i tmata mai n take. Who commenced te Whakaputanga and Te Triti. commencement He was the

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Ranginui Walker questions Emma Gibbs [2.45 pm] 40 RW EG Tn koe, Emma. Kia ora.

Wai 1040, #4.1.2 RW At lunchtime I went for a walk along the foreshore and I saw the cairn and I saw the tree. Was there a much larger tree there in the old days or was that just a recent plant? I am honoured you are asking me that. That is the only tree that was there, kua trakina mai t ttou nei mana t ana i tahi atu e whakaphh mai ana te mana o taku rangatira, engari, he tupu tonu ana, kia mhio ai koutou, te hua o tn rkau, ehara r rkau, pnei te rahi, ko te mea i whakattia 1840, he rkau hou k tn. Some others assume that the tree is no more but this is the original tree. That tree has never been a big tree because it was planted in 1840. Kore i mohiotia n wai i tapahi te rkau r. You dont know who cut the tree? Kore au e hiahia ki te krero mai, ko te take k, ahatia ko wai e phhtia tn rkau, kua traruraru mai ng mtenga o a ttou tamariki, kore rawa e mhio, ko wai te ture tika m rua. I dont want to speak of it. If I utter names then the young people will become upset so it is best not to. Kia ora e te tuahine. Kia ora. Kia ora m o krero, hohonunga o krero whnui m te whi nei, i t ai ng whare, n reira, tnei ka mihi ake r ki a koe m o krero, e tautoko ana i ng krero a t ttou rangatira, i kite ai mtou i te whi e t nei te rkau o te karaka, n reira tnei ka mihi ake r ki a koe, tn koe, otir, i runga i ng krero kua puta mai e koe, mai i to tuhituhinga, tn koe, kei te mihi ake r ki a koe, kia ora. Thank you for your evidence of depth and breadth for this place where the houses stood, thank you for your evidence. I support Ranginuis sentiments. We saw where that te kaka tree was. Thank you very much for that, and for the evidence that you have, written evidence and your spoken evidence. Just before I finish, there is a print there, up by the table there, that was printed on the 4th. 5th February before 1840 and it was printed by a young girl, Sarah Felton, and it is very, very explicit where it shows those long houses. I only have krero from mtua and tpuna but it was a privilege to find a ktiro do that print to justify ng krero te hau kinga.

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ki te mhio ana ttou, t ttou hua i roto o Waitangi, a, ko te mea e krero ana, kei a ia ng krero m te r, puta atu ttou ki waho ai nei, Te araho, wai rnei, kei te pai, kia ora.

Wai 1040, #4.1.2 Trans Now here in Waitangi the person who has speaking rights has the most important person but once you walk out the tent, their lives come into the back. Kia ora e ttou ma, Emma tena koe. So that everybody knows what is going on, we have got about 10 minutes maybe til afternoon tea. Taumata has asked that we receive the tonga that are coming in with Ngti Torehina so if we can just clear the aisle here please, as well as making some seating available. There is some on the left; if we can make some available on the right in front that would be great. Otherwise, we will hand it over to the taumata and have these tonga received. David Rankin will resume after afternoon tea which will be at 3.30, kia ora an ttou.

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Welcome Tonga from Ngti Torehina into the Marquee NG MTEATEA 15 PH Tiwha, Tiwha te p, ka ara te ao kau ng tai o Rehua ki uta, he roi tria ki te matahau o t te winiwini, o t te wanawana tihei mauri ora. Moe ara rei te matahi tuna, moe ara rei te matahi taua ka tiritiri, ka rereata ma ki tana hiwi kia hiwa r, kia hiwa r, kia hiwa r. Kia hiwa r ttou i runga an, te tat mai o tnei o ttou tpuna, n reira r, haere mai, haere mai, haere mai, hono atu ki a rtou m, ki ng tino rangatira, ko koe tn, te uri o Kupe, te uri e here nei i te taihoe o ng whine, Ngti Torehina, mauria mai tnei o ttou tpuna, mauria mai te mana, te ihi, te wehi, te tapu i puritia ai rtou ki ng r kua pahure. Ng hononga ki o ttou tpuna i mua atu i te taenga mai o Tauiwi, anei rtou, ko te mamae e p ana ki a rtou, i te rironga o t ttou rangatiratanga, e heke mai ana i ng whakatupuranga, ko ttou nei e titiro ana ki a rtou, e k ana, khore i h ta koutou mahi, khore. Na rtou k, i teka na rtou k i tango, na rtou i tapahi, te mana, te tika, te pono, i whakaarotia e ttou tpuna i aua w, n reira haere mai i runga i r kaupapa, haere mai i runga i te marae, te whakawhitinga mai i o ttou nei hau kinga i tn rohe, ka kite atu i te nui o ng whenua, kua riro i te tahae, na Hpihana. Khore i krero i t atu o tn, whakatau mai, whakatau mai, whakatau mai, tn ttou, tn ttou, tn ttou katoa. Introductory chant by the speaker. We welcome and acknowledge the arrival of these tpuna in this group that they may join with the other illustrious chiefs. Tis you the descendant of Kupe who binds Ngati Torehina, bring our ancestor here, convey his mana and his power and his sanctity from the days of old. The links to our ancestors before the arrival of tauiwi, they are here now. The pain that wells up for them and the loss of our tino rangatiratanga as the generations pass on, we say your work was not wrong, it was they who lied and who stole and who sliced and cut the mana, the truth, the righteousness of our ancestors in their day. So welcome on those matters, welcome in pain and coming from your area to here you see the extent of the lands taken, stolen by Hobson and the others. What possible words could add to that beyond welcome, welcome;

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Wai 1040, #4.1.2 WAIATA ?? Mku, e mihi atu, ki a koutou, te iwi Mori, n reira, tnei te mihi, ki a koutou, kia ora r. Ka tangi, te manu, tioriori, ka tangi te ngkau tangata, n reira, tnei te mihi, ki a koutou, kia ora r. I runga i nei e te tpuna, t tahi mai i te taha o rtou, o hoa i te w i a koe haere nei i te nuku o te whenua, mauria mai te wairua o u tpuna, au ake hoki, kia tau ki waenganui i te katoa, kpiti hono ttai hono, tnei te mihi atu, , e ng kaitiaki, koutou i konei, ka mihi atu ki a koutou, huri noa ki a ttou katoa, huri noa, tn ttou. So the ancestor, may you stand tall at the side of your compatriots who were in your area, in your era, and bring the ancestors from your area unto the members of the Tribunal, to all of us here. Tkina atu r te tautara ki motu kkako, whakataha i a r te tikitiki o Ttemahurangi, he manu kaweriri ki runga o Pouerua ng kohu e tata i runga o Rakaumangamanga, kei Thuna tapu te riri e whai mai r ki ahau. Tn pea koe, whaia te apa tnga te krero a Whrena tn pea ka hohoungia te rongo, e kore e mau te rongo, ka whakarauika a Ngpuhi, ka t tahi haruru te moana i hoea ai i ng waka ki raro o Ptwiri, ka mate i reira ko te t wehenga, ng tae e rua o runga o Mrunga, he ao here toro, whai mai r ki ahau, tn pea koe e whaia i te apa tnga te krero a Whrena tn pea ka hohoungia te rongo, e kore e mau te rongo. Ka whakarauika a Ngpuhi, ka t tahi haruru te moana i hoea ai i ng waka ki raro o Ptwiri, ka mate i reira ko te t wehenga ka ora i reira, ko te ao kumeroa, tihei mauri ora. E ng whnaunga haere mai, haere mai e Hare, haere mai, mauri mai i ng hakaahua m ttou matua o ttou tpuna, n reira ka mihi atu ki a koutou, ka mihi atu, ka tangi, ka aroha atu i a rtou ma, e tau nei i runga, i waenganui i a ttou, i a Ngpuhi-nui-tonu, n reira haere mai, haere mai, mauria mai rtou ki waenganui i a ttou, hei aha, he hokinga o ng mahara ki a rtou ma, n reira ka mihi atu ki a koutou, n reira, mauria mai rtou ki waenganui i a ttou ng uri whakatupuranga i tnei r, ka aroha ake, ka aroha ake ki a rtou, e tau nei a Puhi, a Waikato, a Hongi Hika, e tau nei rtou katoa, n reira, kia korerorero rtou ki a rtou, ka aroha ake ki a rtou. I o rtou r, e taimaha ana te hkoitanga ki mua, tnei r, e taimaha tonu ana, n reira haere mai, mauria mai rtou ki waenganui i a ttou, ar, kia tirotirongia e ttou, kia mhio ai, n wai tr tpuna, n wai tr tpuna, n wai tr whaea, ka aroha ake ki a rtou. N reira haere mai, haere mai e ng whaea, haere mai mauria mai, ar, kia t tahi rtou i roto i tnei whare, ka hakatngia nei ki waenganui i a ttou, m ttou, n reira ka mihi ake, ka mihi ake ki a ttou. E Te Taraipiunara me Te Karauna hoki, ki a koutou e mihi ana, e mihi ana ki a koutou, kua rongo nei koutou i ng huatanga o Ngpuhi-nui-tonu, n reira ka hari ka koa, kua rongo ake koutou, engari, e tua e rua atu an r kei te haere m tnei wiki, n reira, ka makariringia koutou, n reira r, e ttou ma, kti ake au nei mihi m o ttou matua, m o ttou tpuna, e tau nei i waenganui i a ttou.

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Wai 1040, #4.1.2 Trans Introductory chant from the speaker indicating the significant land sites of this area, indicating the mist upon Paue Huanako Mangamanga. Ngpuhi gathered with their canoes and the land reverberated and the two tides that crash and reverberate. And the words of Wharina said perhaps peace will be made, was never made and Ngpuhi gathered here and the very ocean reverberated with the canoes. Welcome to the kinfolk, welcome Hare, convey the portraits of our ancestors here. I commend you and lamentations follow for those who have come amongst us Ngpuhi-nui-tonu. So, welcome, welcome and bring the portraits amongst us so that our memories may return and focus on them. And so I congratulate and applaud you. So bring them amongst we, the generations of this time and love and compassion wells up for them. Here is Puhi and Waikato and Hongi Hika and they are here, all of them that they may converse amongst themselves and so love abounds for them. In their time it was difficult to move forward. Today the situation is no different; so welcome and bring them to come amongst us, that we may gaze upon them so that we may make the connections to them. Welcome, welcome to the grand dames. Bring them that they may stand together in our house that was constructed for us. So greetings to you and to the members of the Waitangi Tribunal and to the Crown, I acknowledge and greet you that you have heard some of the experiences of Ngpuhi-nui-tonu. The heart is glad, the heart is joyous that you have heard but there are two others left for the week, so lest we be gripped by the cold, I shall conclude here. My salutations to our ancestors, who are arrayed before us. WAIATA ?? 30 PT I roto i te tohu o te h, o nga whakawaitanga, ka toro mai te ringa o te Ariki, ka hotu ake te manawa He tohu, he tohu wairua, tiaho mai ra ng whetu, he aha rawa kua puawaitia he tohu, o te Arikinui Kia ora an r ng whaea, m koutou i waiata mai i tn wai ake m ttou, n reira, e whakamoemiti tonu ana, e mihi tonu ana ki a ttou, n reira huri noa, huri noa, tn koutou, tn koutou, ki a koutou hoki e Te Tpu, tn ttou katoa. For those who accompanied the song, thank you and I still offer up thanks to us.

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, kti ko te mea tuatahi an, kia tau te rangimarie me te aroha o te atua ki runga ki tnei papa tapu, tat mai ki a ttou katoa e pai nei i runga, he mea kia whai korria ai koe e Ihowa o ng mano ki runga rawa, kia mau t rongo pai ki runga ki te mata o te whenua, me te whakaaro pai mai ki a mtou. Ki t whnau e pai whiriwhiria mai nei mtou e koe, he iwi pmau mu ki runga ki te mata o te whenua, he kai hpai i t nei

Wai 1040, #4.1.2 kororiatanga, koia ai hoki mtou ka noho tmanako tikina, ki a koe te hora o tnei ahiahi, kia tt mai r koe e Pa ki waenganui i tnei whakamoemiti a mtou, hei hmai i te maramatanga, te ora, te kaha me tau nei rangimarietanga, ko koe nei t mtou nei kaiarahi, kaiawhina mai, e whiwhi ai mtou ki ng hua paitanga o te oranga tinana, me te oranga wairua, m ng w kei mua kei a mtou aianei, ake, ake, ake, Amine. Trans May peace and love of The Lord be spread upon we here at this place so Jehovah that your peace may be permanent on the land and kind considerations to us. To we your family that you have deliberated to come here, we are dedicated to you and we give our praise to your glory, that is why we cleave unto you at this hour of this day, may you come amongst us O Father and give us enlightenment and life and strength and peace, for you are our guide and assist us that we may receive the benefits for the body and the spirit for the days to come, now and forever, Amen. Glory be Jehovah, Father of host in the highest and on earth, peace and good will towards thy children whom there has been chosen from out of this world to uphold thy glory upon the face of the earth. And so we humbly desire thy presence O Son of Peace, to give unto us understanding, life, strength and peace, for thou art our only guide and provider whereby we may receive good fruits for the well being of our bodies and souls in the days that lie ahead, now and forever more, Amen. E Ihowa o ng mano, e Pa, ko te mihi tuatahi ki a koe, hmai e koe tnei r pai ki a mtou, he hakamahana i o mtou tinana, o mtou wairua, i roto i tnei kaupapa i tnei r, n reira e te Atua, kei te mihi tonu ki a koe, i haere mai nei ng uri o Ngti Torehina, kia kite mai, kia kite atu, n reira e te Atua, horahia mai e koe t korowai aroha ki runga ki a mtou e taura i runga i tnei papa tapu, i te meatia atu ko koe nei to mtou p piringa, p kahanga i ng w katoa, n reira, kua kohutia mai koe tau nei e wairua tapu ki ng kaiwhakahaere i tnei hui, kia aha ai, kia kite ai rtou te mramatanga, n reira e te Atua, ahakoa poto tnei, mihi atu ki a koe, n reira, manaaki atawhaitia mai mtou e koe, tae noa ki te mutunga o tnei hui a mtou, ki waenganui o mtou matua, e nohonoho mai, n reira, whakatapua mai e koe tnei hui a mtou, i runga i a koutou, i ng kororia Te Matua, Te Tama, me Te Wairua Tapu, ko koe nei te tama o t mtou nei kaiwhakaora, aianei, ake, ake, ake, Amine. Ko ta ttou Hmene, e Ngti Torehina. Trans 40 Jehovah, Father, firstly to you that you have given us this glorious day to warm our bodies and our spirits as we deliberate the matters before us. And so Lord we praise you the descendants of Ngati Torehine have come so that we may be seen and see, so Lord you have laid down your loving cloak upon this congregation because O Lord we cleave unto at all times, and you have infused The Holy Spirit into the organisers of this meeting so that they can see with clarity the enlightenment and so Lord, although this is a brief entreaty to you, may you care and cherish us unto the conclusion of our hui, come amongst our elders, amongst us, so may

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Wai 1040, #4.1.2 you sanctify this meeting in the Glory of the Father, the Son and the Holy Spirit, you are our saviour now and forever, Amen. HIMENE PH 5 E P, kua rongohia koutou o mtou reo e takimua ki a koe te hora o tnei ahiahi i te whnuitanga atu, he hohonutanga atu tnei t mtou reo whakawhetai, whakakororia te Atua ki a koe, n reira kia tau mai ki runga ki a ttou katoa, te aroha an t ttou kaiwhakaora me t ttou whiwhinga tahitanga, ki tna wairua, mn nei hoki ttou e arahi i ng w katoa, aianei, ake, ake, ake, Amine. O Father you have heard our hymns of praise to you in this day and we offer up our entreaties to you and may the love of Our Saviour and may we receive the blessings in The Holy Spirit and may he guide us at all times from now and forever. May the everlasting love the Father continue to be with us, communion and fellowship with the Holy Spirit, the spirit of truth remain, lead and guide us unto all righteousness for the ever living Son of The Father who is our saviour now and forever more, Amen, kia ora mai ttou.

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NG MTEATEA ?? 20 Teretere, to mata waka tere rauta, tere ratai, kei reira ma ki te kau nei n wiwi, n ww, n tirautoronga hiwi kia mrama ka pana ake. Otir, ko te mea tuatahi mku ka rere tonu te reo, ki t ttou nei kaihanga, koia n tr ko te tmata me te hakaotinga o ng mea katoa, ka huri nei taku reo, ki te papa e takoto nei, ki te papa whenua e hora ake nei, ng mihi atu ki a koe, me ng krero nunui, ng krero hohonu, ng krero o nehe, kua whakataka mai ki runga ki a koe. Na mtou ake kei roto kei a koe ng momoti tapu, ng krero, me r krero o Te Ariki o Ingarangi, o na ati tapu, atitia ai e ia ki o mtou tpuna, tika ana ng mihi atu ki a koe e te whenua e takoto mai. Ka huri haere taku reo ki te awa e kpiko tere nei, ko te awa tr e kawe, e k ake ai o a ttou whai mai, o a ttou auetanga, ng roimata o ng hap katoa o runga o Ngpuhi, i kawetia ake ai ki roto ki te kete nui, te kete aroha, te kete roimata o Tangaroa, n reira, e tika ana me mihi ake ki te moana e haruru ake nei, heoi an, kua mea pnei r tku krero, tuku ake ng roimata kia kake krohirohi ai ki te rangi, he tkoha aroha, he tkoha maumaharatanga ki a ttou tini tpuna, ko nei ng toi e rrangi mai nei, ka huri nei taku reo ki te tpuna whare e t mai r, me ng kwai rangatira kei runga, kei a koe, heoi an, ko Torehina tnei kua tat mai, e te whare tpuna, tn koe e t mai, t mai. Ka huri nei taku reo ki te thokohoko e t nei, e whakamarumaru atu i a Ngi Ttou kua hau tonu mai ki roto ki a koe, whakamarumaru atu i a ttou i roto i te tkakatanga o te r, i roto an i te ppuhitanga o te hau, i te heketanga o te iwa, tika ana me mihi atu ki a koe. Ka rere haere nei taku reo, ki a koutou aku rangatira, koutou o Ngti Kawa, koutou a Ngti Rhiri, me ng karanga hap, ko koutou tr, e pkauhia ana te mana e

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Wai 1040, #4.1.2 kawetia ana te mauri, te ihi, te wehi, te tapu o tnei pito o te whenua o te wharetapu o Ngpuhi, mihi atu ki a koutou. Otir, ko mtou tnei, ko Ngti Torehina, kua tat mai nei ki mua i te aroaro, ka mihi ake ki a koutou, m t koutou reo hakatau. Ka mutu i kon, ka huri nei ahau ki ng rangatira e noho nei, ki a koutou ng rangatira, ng tohunga, koutou tr ng kaikawe atu o a mtou krero, koutou tn Te Karauna, te kanohi o te Ariki o Ingarangi, ka mihi ake ki a koutou, ka roa te w e noho wahang ana a Ngti Torehina, ka roa te w, ka noho mamae ana a Ngti Torehina, kua tae tnei ki te w, ka t ake, ngtahi atu, me ng hap katoa o Ngpuhi, ki te tupu a mtou krero ki a koutou, i te r nei, kua mauria mai mtou te whakaahua o t mtou tpuna, ko Te uri o Kanae tr, otir, ko a mtou krero i te r nei e Hokianga ki tnei tpuna, ki na teina, tukana, ko te whare mkaikai tr, ki na mtua ko Te Reinga tr, ko Te Pahi tr, ko Rungatara tr, e hoki ana o a mtou krero ki nei tpuna, ta te mea, i te hautanga mai, i te tattanga mai o Hamuera Mtenga ki Hh, i te tau kotahi mano, waru rau, tekau ma wh o ng tau, koia nei, ko ng rangatira e mau tonu i te mauri o tn pito o te whenua, te whenua e takoto mai r i raro i te tarangi o t mtou maunga ko Matak tr, n reira, ki a koutou, ng rangatira, tn koutou, tn koutou, e ttou ma e mhio ana e haere ana te taima, me mutu au taku krero i konei, n reira ki a koutou, ng karanga hap koutou, o mtou nei rangatira, ki a koutou Ngti Rhia, koutou ng uri o tn Ariki, a Treha, o koutou tnei tautokongia ake i tnei hap, i roto i ng taumaha kua pahure, ng mihi ake ki a koutou, o mtou rangatira a Ngti Rehia, n reira, e kore kmeroa te hua i tnei t, e aku tpuna e rrangi mai nei, me pnei r taku krero ki a koutou, e kore mtou e tuku kia taka noa o a koutou krero ki roto ki te paru, e kore mtou i tuku kia takahi noa atu o a koutou krero, n reira, e ng matua, noho mai, noho mai, awhinatia mai mtou i tnei r, n reira, hurihuri noa, tn koutou, tn koutou, kia ora mai an ttou. Trans Introductory chant by the speaker. Observations to the Creator, the commencement and conclusion of all things. I turn now my voice to this piece of land and acknowledging the great oratory and words of ancient times unto this time, that you the place where the oaths and sacred oaths were made, these sacred oaths uttered to our ancestors and acknowledging the river that flows fast that conveys our lamentations from all the hap that have been enfolded in the kit of love and acknowledging the seas without and let the tears flow copiously unto the heavens as a token of love and a gesture of remembrance to our many ancestors, some of whom are arrayed before us. And turning to the ancestral house and the tokens, symbols of chieftainess there. This is Ngti Torehina have arrived and then turning to our temporary house that shelters all the people within and this in the shining of the sun and the rain and the wind and my voice extends to your Ngti Kawa, Ngti Rahiri and the associated hap who are carrying the mana and the life principles and the dread and the sanctity of this end of the house of Ngpuhi. We are Ngti Torehina who have arrived in your

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Wai 1040, #4.1.2 presence. I acknowledge you, thank you for welcoming us. I conclude there. To our chiefs, to the members of the Tribunal, the experts, you are the receptacles that will be filled by our words and to you, the Crown team, the legacy of the Queen of England, Ngti Torehina has been waiting many years with our pain, Ngti Torehina has waited, we with all the hap of Ngpuhi are here to present and offer our stories to you. We have brought or ancestor Turiukanai his portrait here and our evidence will focus on our ancestor, to his kin Te Whare Mokaikai, Te Ringa Taylor, Te Peehi, Te Pahi, and Ruatara. So our evidence will focus on them because when Samuel Marsden came here in 1814, these were the chiefs who held onto the mauri under our mountain, Mataka and so to you, the members, greetings. I know that time is passing. I shall conclude here, to everyone here. You Ngti Rehia, the descendants of Tareha, you have supported our hap in the years and the burdens of the past, Ngti Rehia, so I will not tarry. To my ancestors arrayed before me, let me say thus to you: We will never let your words fall into the mud and the dirt, we will never let your stories be trampled upon. So to the elders, may you be settled there and assist us in our works, to one and all Greetings. WAIATA ?? E te taumata, tnei koutou kei te whakaaro, ko wai tnei nanakia e t atu nei, engari, i roto i aku krero, kua mhio koutou ko wai au, me pnei taku krero ki a ttou, kia poto te taima e hmai ake ki a mtou, kua t atu te kaihaka taua ki a koutou, kua t atu te kaihaka tautoko i a ia. Kia haere i a ttou krero, i runga i te huatanga te kaupapa, e huihui nei tnei o ng- -ku whnaunga, e krero nei rtou, e t rtou maunga i Matak, t rtou hap ko Ngti Torehina, he tika tr, engari, mku e krero atu ki a koutou, me pnei he tmata krero taka mku, mai i tr o ng marae o roto o Patu Harakeke, o Ngti Kuta, ko ahau tr, ka tae nei ai ki runga ki taku maunga o roto o Kerikeri, ko Rangitane tr, ko taua e rere ana ko te awa i hoihoitia i o ttou tpuna. Ko te tpuna, ko taku karani, ko Kngi Wremu Te Rangaihi, ko na hap ko Ngti Tautohe, ko Ngti Whakaheke, e mahara ana ahau, mai i t ttou huihuinga i konei, ka rapu koutou i a au e t atu nei, ko wai au e t atu nei, i pnei ku krero e te taumata, kei huri ku krero i te whakaheke i a au, i muri rawa, ka mea nei koutou, pn ehara kau koutou, mtou ana, e noho ki raro. T mai o tn, me mihi atu au ki taku whnau kua tae mai nei, ki a Ngti Torehina, ki tnei o aku krero me mihi au ki ku mtua, e tpuki mai r i runga i tr o ng urup o Te Whainga. I te taha o tn ki ng rihari, ki te whakahokia mai ki t rtou timatatanga mai, ko Ngti Te Rangi tr, te taha tr ki ng Rpia, ki ng Peka, ki ng Tango, koia tr o rtou p rangi mai o rtou mtua, tae nei ki a rtou, ko ng uri nei, ko ng uri o nei. I tnei o ku krero e te taumata, kia mhio mai koutou, ttahi o a rtou whaea, e piki mai r i roto i a au, i roto i Te Kerikeri, koia n tn, ka

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Wai 1040, #4.1.2 haere mai au ki te manaaki i a rtou, ehara i te krero i a rtou krero, m rtou an e krero o rtou krero, n reira, haere mai, haere mai ku tamariki, haere mai ng tamariki o ku matua, ko koutou tnei, kua whakatau nei i roto i tnei r, koia nei au tnei o koutou matua, ka whakaaro ake, me haere tahi mai o koutou. Kua tae mai koutou, kua haere ng mihi ki runga ki a koutou, kua haere ng mihi ki runga ki ng tpuna, mai i tr taha, tae noa ki tnei taha, kua waiata huatanga ki a rtou e ttou ma, n reira, e Eru, me pnei pea ng hap, kua tau noa ttou, katia e rongo ake ana, ko koe tr ko Ngti Kawa, ko koe tr kua rahi, me pnei taku krero ki a tua e mhio ana tua, pnei e haere tua n te uri o Rhiri, ko wai k tua. N reira me pnei taku krero ki a ttou e Matiu, e Rudy, mai i Te Aupouri puta noa, me pnei taku krero mutunga ki a ttou, kua huihui mai ttou i roto i te whanaungatanga, mai i ttou mtua, tae noa ki a ttou i roto i te iwi r, n reira, me iti aku mihi atu ki a koutou, me taku whnau kua tae mai nei, ka nui tr, tn pea, ki te mutu o rtou krero ai nei, kua t atu au ki te tautoko i a rtou, kia ora huihui mai ttou. Trans 20 Lest you wonder who this is who stands before you but in my oratory you will realise who I am. We have but a short term and I stand to support my kin. They speak of Mataka and Ngti Torehina, their hap that is correct. Let me tell you, as commencement, from Ngti Kuta area that is my homeland and I gaze upon Rangitane, the mountain at Kerikeri and the river that flows past, the river that was travelled by my ancestors and my ancestor Kngi Wiremu. I thought that from the time of the commencement of our Hui, I have been waiting for words. I was going to offer my whakapapa from the ancient times but I had best not but let me acknowledge my kin, Ngti Torehina. And so let me acknowledge my elders who are interred in the cemetery just above at Ngti Terangi. The whnau Repia, the whnau Peka and the whnau Tango and that is the kinship ties between us. And so welcome and I acknowledge you my kin of Ngati Torehina. I consider it an honour to come and accompany you into our forum and so we have done the appropriate ritual and said the appropriate words, so it is done and so all our hap, we are all parts of all of our hap. And I hear the words of Ngti Kawa and Ngti Rahiri. Let me say to you if we are not descendants of Rahiri then who are we? So let me just say to us, Matiu, Patu, Rudy, from Te Aupouri to all ends, my last words are we are gathered here in kinship ties from our elders unto us, I shall be brief to you and to Ngti Torehina. PT Kaati r e ttou m i te w e haere ana i te harir, ki te haere ttou i te kapu t, e haere tika atu ana ng manuhiri, ki roto i te whare kapu t ai, engari, We will go for a cup of tea now, go direct into the hall and have a cup of tea. Bishop Ben is looking for a black bag, a black satchel. He left it down here by the far door, if anybody has found a black satchel or bag it belongs to Bishop Ben. We will resume at 3.30.

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Wai 1040, #4.1.2 Afternoon Adjournment

WEEK 2 DAY 3 SESSION 3 [3.29 PM] FINISHES WEEK 2 DAY 3 SESSION 4 STARTS
Hearing Resumes 5 BG Ng taonga tuku iho o Ngpuhi ng taonga tapu [Indistinct 3.53.37] tnei te tppaku ng mate mtou tpuna, ko te ingoa o tnei tppaku ko Te Rangiawhiowhio ko blister in the skies ng [Indistinct 15:53:50] the snake in the garden of Eden tn koutou kia ora koutou. Ko te whai pupuri o tnei taonga ko te tua wera, ko te tua wera te tino thunga o Ng Puhi te thunga o Hone heke, Kawiti me ng rangatira e huri o rtou tuara ki te mana Ingarangi, tn koe e Rangi. Ko te hua nei ko te hanga he tppaku. Ng roimata o ng mtou mtua tpuna e takataka ana i te p, ko tnei m ttou te iwi Ng Puhi ko tnei te wa m te tangi, te tangi m ng mtua tpuna ko te ngaro whenua, ko te ngaro moana, me ng mea katoa, , ka tangi e heke iho ng roimata mtou tpuna, 170 years kua ngaro taku Papa kua ngaro taku karani Papa Hone Rankin, kua ngaro Hone Heke Ng Pua, kua ngaro Hone Heke nui tn koutou. Na ko tnei taonga te taonga o Hone Heke, ko te ingoa o tnei taonga ko Teke Tanumia Trans The name of this taonga is Te Rangiwhiowhio. Te Atua Wera had this taonga, he was the tohunga of Hone Heke Kawiti and the chiefs who turned their backs on the mana of England. The tears of our ancestors that fell in the darkness. This is the time for lamentations for our ancestors for the loss of land, of seas, of everything. It is a time for grief. The ancestors shed tears. My grandfather has gone on, Hone Heke, Ng Pua, Hone Heke, the greats, they have all passed on. This was Hone Hekes, the name is Teke Tanumia. BG 30 The rape and murder of Hekes mother, also the rape and murder and the loss of land. Our Matua will do a karakia on our taonga now.

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KARAKIA DR To you, the Tribunal, I dont want to say anything profound or anything new, because you know what, youve heard it all bloody before. Whakathea, you know what has happened to you, Ngti Rangi, you have known what has happened to you, Ngti Maru and Ngti Porou, you are the luckiest of all, 110 million for absolutely nothing. Kia ora te uri a Tuwhakairiora. I have two lawyers I dont know who is paying for these people? Why are they paying for this? Im Ngpuhi, I will not follow the paper, I will speak from my heart. The authenticity of my krero is my evidence. If I sit and I give you a wrote learnt exercise on what has happened to our tpuna, you know that, what do I have to give that to you for? I give you what I am as a Ngpuhi, the sadness in my heart today.

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Wai 1040, #4.1.2 This was my home also. My cousin Emma, she talks of Ngti Kawa, the descendents of Taki Raukawa she talks of Te R that is our tpuna too, but my cousin, Emma, forgot when she was talking about Enehau Ktuku, Peia Rameka. She is there also talking about Te Matarahurahu, look at what colonisation has done to us. The poverty of our minds, the loss of our intelligence of our people. They even bloody forget Ngpuhi, Te Matarahurahu is, Te Matarahurahu was the first hap to sign the Treaty of Waitangi. Te Matarahurahu was the first hap in Ngpuhi to turn their back on the Crown and take [indistinct 3.58.07] That is our loss, that is a loss if Te Matarahurahu, the hap of this land, Hone Heke, Hone Heke-nui is forgotten by my cousin, Emma, but again, again, this is a time for everybody to speak. This is a time for me to have my [Indistinct 3.58.18], the most expensive counselling period, my father missed out on it, my grandfather missed out on it, Hone Hekes Ngpuhi had to lead the Kotahitanga Movement to even try and get where we got today, and Hone Heke, the warrior, had to take up arms, and hello, look at me, a ngutu pihikete, a fucking Pkeh looking Mori. The last cough of my father is to stand in front of you, but I stand in front of you because, you know why, I dont have the resources of Tuheitia to fight you. I dont have the resources of the Twharetoa Trust Board to fight you. So why do I challenge Chris Finlayson in the only way I know as a street fighter, because as Ngpuhi we are poor. We dont have resources. I am not backed, I am not backed by the Te Arawa Trust Board, I am not backed by the Twharetoa Trust Board, I am backed by no one. All Im backed by is my whakapapa, and whakapapa is the only thing that matters. Today they say whakapapa dont matter, traditional Mori leadership matters, whakapapa matters because its the string that holds us all together. You know, that blinking Chris Finlayson, the celibate homosexual, my goodness gracious me. And please excuse me, Ngti Rangi, Whakathea, Ngti Porou and Ngti Pkeko, please forgive me, but rudeness is nothing new. These were the whakatauki of my tpuna, Hone Heke. Rudeness is nothing new. I get it from my parents, so I got it from my father, I got it from my grandfather, I got it from Hone Heke Ngpuhi and I got it from Hone Heke the warrior. And today, you are on Te Matarahurahu land. I have been like a tta having to sit in the background listening to all the krero. Kngi Taurua has a tattoo on his face for these Treaty celebrations. When I come, Hirini, looks beautiful, Hirini, my brother, tn koe. He had his tuki skin jacket on, jack boots and an AK47, and when I get here, as a Ngpuhi, and as every other Mori in the country, how can I compete against my whnaungas. So I go home. I go home back to Kaikohe, and you know, although they have forgotten my hap, Te Matarahurahu, the most important hap of Ngpuhi (in my mind), although I live on my land of Ngti Tautahi because my Te Matarahurahu, has all been confiscated, not by the Pkeh, but by the supporters that supported the Crown. That supported the Crown. So I have no rightful land confiscation because 68,000 acres of Te Matarahurahu, land was divvied out to the brothers of Sir George Grey, who are also my own whnaungas.

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Wai 1040, #4.1.2 So how could I put a Treaty claim against my whnaungas? How? How can they do this? You know, I can talk about Tne-mahuta, I can talk about Rangimea he aha r nei, but all I want to talk about today is how sad I feel, I feel sad. I went on to Kaikohe this morning, you know, Kaikohe, what is Kaikohe? A prison. A prison to [Indistinct 4.01.27], a rubbish dump. You know, CYFS, WINZ, Probation Service, it is a dump. Its a dump, and yet its the heart of Ngpuhi. It starts now, its the heart of Ngpuhi and we were forced to live on our land there in that area. As I went onto Kaikohe Hill I saw Hone Hekes lament, Here I sit, Kaikohe below me, and I cry, I cry for the spirit that was on the wind, I cry for the men that I have lost, and everything that has gone, kua ngaro kua ngaro. We talk of sovereignty; we talk about our whakapapa and all those things like [Indistinct 4.02.20]. I am fearful that when you make your decision and you leave us as Ngpuhi, you leave us with a ptea to divide between us all, you are going to start the Mori wars again. The Waitangi Tribunal, before the Waitangi Tribunal we lived in Kaikohe, we lived everywhere; we didnt say this was my grandfathers that was my grandfathers; we lived under the concept of ttou n ttou. Every single one of yous has seen the same problem in all your areas and we are watching it. Were seeing haps jumping up and everything and were becoming split apart. I look forward to a time when Sonny can come back to our home and we sit around the table. We dont think about rnanga, we dont think about that, but we think about our whnaungatanga. So, at the end of the day, youve heard all the evidence, you know all the stuff, you know, you guys are judges, Rangi, youre an academic, I dont need to tell you about the injustices weve faced. So again, all I say to you think wisely when you make your decisions on how much you are going to give us, and also think about the bloody problems youre gonna to create for us if we have to divvy it up. When I was in the car park one of my relations turned to me and said, David, dont be emotional, I said Im a bloody Ngpuhi, man, how can I not be emotional. Hey, at least Im not a Thoe. I would go smear myself in mud, do the haka, bend my buttocks, and then shoot the Australian flag. Im a Ngpuhi, I am rude. I think Api Mahuika got his rudeness when he lived amongst us in Kaikohe. I think thats where Api got his skills from. So again, and I said in the car park I felt really happy today, I was in the car park and I knew that unity was going to come because I was sitting in my four wheel drive, sitting there, and Sonny comes out, and he goes kia ora cousin, I need your support, and I was thinking I hope nobody else is hearing this because I dont want to support you, but I still love you because ka tangi te toto ki te toto, we are still whnaunga no matter what Trans Blood weeps for blood. DR 45 N reira, you know, youve had enough krero, I see your eyes glazing over, but please respect these people because every one of us has a right to speak. This is our time to actually have our grievances. This is the tangi time. You know, I come from Auckland on Monday, usually I wear a suit

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Wai 1040, #4.1.2 like Judge Coxhead over there, you know, I was going to say to Hone, can I borrow your tie, you know? But I have to wear the clothes that I am at the tangi, I am not at the funeral, but when you make your decision it will be the reading of the will, and you know what happens in Pkeh families, they fight like hell and they hate each other, and you know what will happen, you know what will happen, why weve been so good to each other for so many years, its because we have all had nothing. Once you give us something, guess what, were going to kill each other, and that is what the Pkeh is doing to us, and thats the last bastion of colonisation, for us to be bloody destroyed. I dont want nothing. I dont want nothing. You have nothing to give me. I have my rangatiratanga, I have my whakapapa, believe it, and again I also do believe, because I have pissed Chris Finlayson off so much so many times lately, and he publicly attacks Joe Citizen Public, David Malcolm Rankin - hey, and remember I lived through the Mori renaissance and I didnt change my name to Hone Heke - that he can publicly attack me, Im thinking gee, I must be hurting a Cabinet Minister, Im just Joe Public. But again, we all knew Shane Jones was a wanker, but Im starting to believe Chris Finlayson is a wanker too. Hey, n reira, tn koutou, tn koutou, tn koutou katoa. JC DR Taihoa, taihoa tra pea he ptai. Hey, you cant judge me on my land. When Taiteke signed the Treaty he said to the Governor: If I sign this piece of paper, you will come back and judge me, today youre gonna come back and judge me? Krero mai, krero mai. Kre he ptai mai Te Karauna, he ptai.

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Trans We have no questions from the Crown. DR KN 30 And I dont think I have got anyone to support for me for a waiata. E te rangatira tnei ra ka mihi ake ra ki a koe, ka mihi ake ki a koe i runga i o krero, i krero e whakarongohia nei e mtou, ng krero e krerohia mai nei e koe, n reira, ka mihi ake ra, ka mihi, ka mihi, ka mihi, e kore e toia roa te krero, heoi an, tnei te whakamihi, mihi atu ra ki koe, m Whakaputanga mai ki roto i mtou, n reira tn koe, tn koe m krero, kia ora.

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Trans Thank you, sir. Thank you for your evidence that we listened to keenly. So, thank you. I will not tarry, but to acknowledge you for what you have said in our presence. WAIATA

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Whakarongo mai ki te reo e tangi nei, he ringihia mai ana mai ku kamo ng roimata e, whiti mai te ra ngaro ana te mamae ngaro noa te pouri kaua e mau riri nei an ra. Maranga mai e te iwi ng hap Ngpuhi kia mau, kia , kia pupuria, ki ng akoranga nui.

Wai 1040, #4.1.2 Takahia te ao, ka kitea te iwi, e t tangata mai ttou, ng uri rtou, mine ki te p, tnei te mihi ki ng kai whina e, ki ng whaea, ng matua, nei ra ko ng hua e puawai ana mai, maranga mai e te iwi o ng hap Ngpuhi kia mau, kia , kia pupuria ki ng akoranga nui, maranga mai, maranga mai, maranga mai, maranga mai. JC JP 10 JC Mr Pou, while people are moving around, the next witnesses to present, are they Mr Kahukiwas? They are Mr Kahukiwas, sir, Ngti Torehina. The brief numbers are B13A and B15A. Hugh Rihari and Hurihanga Rihari. Mr Kahukiwa, I am presuming that these two witnesses will take us through to about 5-5.15 pm, and we will conclude at the end of that. That is my understanding, sir. Ahakoa he iti, te tki, ka pakaru i ia te ttara tihei mauri ora. Ngpuhinui-tonu tn koutou, ki ng pou krero o Te Karauna tn koutou tn koutou me koutou whakaaro, e haere mai koutou ki te mihi mtou kanohi ki kanohi, tn koutou, tn koutou, e ng kai whakamana o te Tiriti o Waitangi, harikoa mtou ngkau i kite ai koutou ki runga i mtou whenua tapu, tn koutou, tn koutou, tn koutou katoa.

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Trans Although a small hatchet, it will fell, the great Totara. Ng Puhi-nui-tonu, greetings to you. To the representatives of the Crown, greetings to you. With your thoughts we are here to see us eye to eye, face to face. Greetings to the members of the Waitangi Tribunal. We are joyous to see you here on our lands. M? I have been given the honour of introducing our hap at this stage of the hearings. Our hap, Ngti Torehina ki Matak You will hear from, firstly, my nephew, Te Hurihanga Rihari, and secondly, Hugh Te Kiri Rihari. The Tribunal will know them better, most likely to know them better under claims 1508 and 1757. I am also obliged to inform you our documents, the briefs of evidence that were filed, they have been filed under numbers B28 and B32. Sorry, can I just check with you, Mr Kahukiwa, we have got B13A and B15A. Khore.

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Trans No. JK JC M? Your honour, those documents there were superseded by two further briefs that incorporated some minor edits from the first filed copies. So what numbers are they? B28 and B32. Yes.

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Wai 1040, #4.1.2 ?? JK Sir, we dont have those documents. Sir, the documents that I have in front of me have an official stamp on the front and appear to have been entered into the record of inquiry. I may stand to be corrected on that, but - I have just had a nod from Mr Miritu. Your Honour, I have just been informed that you are in fact correct with the numbering. So B13A and B15A, our apologies. Thank you. Kia ora. At this point I would also like to introduce our legal team, your Honour, Ms Georgia Bates and Mr John Kahukiwa of Corban and Revell. I would also like to express our thanks on behalf of Ngti Torehina, ki I-hok and Te Kotahitanga o ng hap o Ngpuhi koutou katoa tn rawa atu n reira

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Trans To the hap of Ngpuhi and I-hok. M? Without further ado, I would like to invite my nephew, Te Hurihanga Rihari, to present his evidence to the Tribunal now.

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Te Hurihanga Rihari reads to his Brief [4.17 pm] THR Kia ora mai an ttou, aroha mai to my whnaunga who just spoke before me, I will read my affidavit. May it please the Tribunal. My name is Te Hurihanga Rihari, I am of Ngti Torehina ki Matak decent, and a direct descendent of the tpuna of Te Reinga I am one of the named claimants for our hap. Ko te mea tuatahi kei te tuku te reo whakawhetai, whakakorria ki t ttou kaihanga, m ana manaakitanga nn i pai ki t hia mai ki runga ki Ngi ttou katoa, ko te inoi kia riro mna te kaupapa nei me ng krero e whai ake nei e manaaki, mn an i kakahungia ai ttou katoa i tna korowai aroha, n reira tua uriuri, wheoioi, kitoritori me te whenua i te nui o tna korria, ka tmata ake taku krero. Ko Ngpuhi te iwi, ko Rhiri te tumu herenga waka, ko Ngti Torehina te hap, ko Matak te maunga, ko Rangihaua te P, ko Hhi te tapu, ko te Whare Poaka te tangata, ko Maurirere te waka, ko Mpuna te toka, ko Taumrere te moana, ko Kirikiri te awa, ko Te Paenga te urupa, ko Whare Ngahere te papa kinga, tihei mauri ora. N reira ka huri taku krero ki te whriki o Ngti Torehina ki Matak, mai i ng Kiri Parauri tae noa atu ki Wai Hpoko ki te tonga, ka rere tonu tika ki te Reikura ko tna pohepohe o Mataporatahi, tae noa atu ki Hhi, o Rangihaua ko te p tapu o ng tpuna. Ka rere an ki te puna, ka tae ki Porainui, ki te kiokionga o tku whenua, i reira ka mihi au ki te toko, ko Mpuna tr, ko te toka tr i hirini ai taku waka ko Maurirere, ka huri taku titiro, ka tika tonu taku rere ki Khiki, ka hiki ki Wharengaire, ki te kinga o ku tpuna, ka tika tonu taku haere ki Patunui, ki Tangitu ki Oneroa, ka tae ki Kairara, Kairara ko te korotangi, ko te kowhai i reira, ka whakawhiti atu ki ng kiri parauri, i ei ko Ngti Torehina ki Matak.

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Wai 1040, #4.1.2 Ka huri nei ki te taha moana, ka tmata mai ki Waihpuku ki te tonga, ko Waihpuku ki te tonga, tae noa atu ki Tikitiki, ka huri haere ki ng motumotu o Te Taitokerau, tae noa atu ki te awa o Te Kerikeri, te awa e k ana ng mtua tpuna, ko te ao o te rangatira, he aha na Ngti Tohia o te rangi, me ng motu katoa o roto, ko Motupp tr tae noa atu ki Te Pirikauwau, ka hoki mai an ki a Te Timanganui, mai i Te Akeake tae noa atu ki Porirua, ka whakawhiti atu ai au te waitote a Poukoura, ka tae ki te awa o ng kiri parauri i reira ka whakat. I tnei w, ka huri nei taku krero, ki te whakamrama ake te tika, te ahi ktanga o Ngti Torehina ki Matak, ki te whenua, kua krerotia ake. I ng w o mua, ka noho a Ngi Tahu ki runga ki tnei whenua, a tna w, ka mauria mai a Ngti Awa i te mura o te ahi, ka pakanga ki a Ngi Tahu, ko te ingoa o ttahi o ng rangatira o roto o te ope tau o Ngti Awa, ko Te Rangiwhaiao tna ingoa. I a rtou e whwhai ana, ka kite a Te Rangiwhaiao i ttahi wahine ataahua o roto o Ngi Tahu, ko Marokura tna ingoa, katahi ka p te aroha ki a ia, nei r ka rongo ake a Te Rangiwhaiao ki te noi o Marokura, m tna whnau, m tna hap, kia mutu te pakanga, kei mate katoa rtou, katahi ka whakaae a Te Rangiwhaiao ki tna krero, ka rere atu a Ngi Tahu, ka riro te whenua i a Ngti Awa, engari, ka noho a Marokura hei wahine m te rangatira nei a Te Rangiwhaiao. Ka huri ng tau, kua huri ng tau, ka tino kaumtua haere a Marokura, e mhio ana krero, kua hinga r, kua hinga katoa o ng huruhuru o te tore o Marokura, katahi ia, ka whnau mai i tna khungahunga, ko Te Au tana ingoa. Ko konei, ka tmata ake te ingoa o tnei hap a Ngti Torehina, n reira, ka pnei r te rere o te ttai. Ka moe a Te Rangiwhaiao, ka moe a Marokura, ka puta ko Te Au, na Te Au, ka puta ko Maipuku, na Maipuku ka puta ko Te manga, ko tmuri ko tana tuahine, ko Kuraimoemoe. Ka moe a Kuraimoemoe ka moe a Hwhea, o t mtou whtanga ki a Ngti Rua. Ka hoki an ki a Te manga, na Te manga ka puta ko Maungtai, ka moe a Maungtai, ka moe ki a Mhea, ko t mtou whtanga ki te tpuna i a Rhiri, na rua ka puta ko Te Reinga, na Te Reinga ka moe a Nghue, ka puta ko Rautao, na Rautao ka puta ko Te Wharemkaikai, ko tmuri ko te uri o Kanai, t mtou tpuna tnei. Na te uri o Kanai, ka puta ko Hroimrunga, i te tau kotahi mano, waru rau, whitu tekau, ma rima, ka ta te tpuna nei a Hroimrunga, i roto i te Native Land Court ka mea. Trans First, Glory to God for bestowing his blessings upon us and we pray that the words that are to follow will be cared by him and he has cloaked us in his everlasting love, so ancient love of God, the world is filled with his love. I commence my evidence. Puhi is the people, Rahiri is the canoe. Ngti Torehina is the sub-tribe, Matak is the mountain, Rangihaua is the p, Hhi te tapu and Te Whare Poaka are the ancestors. Maurirere is the waka, Mpuna is the rock. Taumrere is the seas, Kerikeri is the river. Te Paenga is the cemetery and Whare Ngaiere is the homestead.

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Wai 1040, #4.1.2 So I turn to give the story of Torehina at Matak. From Kiripouri unto Waihpuku in the south and unto Torekura to Parakohekohe to Mataporotahi unto Hhi and Rangihaua, the ancient pa of the ancestors. On to Te Puna and the Poroainu and Te Kiokio there I acknowledge the rock, Mpuna, the rock where my waka Maurirere was tied. I turn now and go direct to Khiki, Khiki to Whare Ngaire, to the home of my ancestors and carrying on direct to Patunui, to Tangit, to One-roa and unto Kair. Kair where Te Korotangi, crossing into Ngti Porouri it is Ngti Torehina at Matak. Turning now to the seaside, commencing at Waihpuku in the south. Waihpuku in the south unto Tikitiki turning to the islands of Te Taitokerau to the river of the Kerikeri, the river that the ancestors say is the river of chiefs, and all the islands within Motupp unto Te Pirikawau. Then returning to Tmanganui from Te Akeake unto Porirua, and crossing to Waitote a Poukoura unto the river of Ng Kiri Parauri and there I rest. At this time my evidence turns now to clarify the rights of Ngti Hinatore at Matak, to the lands that I have donated. In the old times Ngi Tahu would live on this land. In time Ngti Awa were brought here and battled with Ngi Tahu, and one of the chiefs of the Ngti Awa was Te Rangiwhaiao. In their battle Te Rangiwhaiao was seen by a beautiful woman of Ngai Tahu named Marokura, and then she fell in love, and Te Rangiwhaiao heard Marokuras request for her hap and whnau that the battle cease, lest they all die, and Te Rangiwhaiao agreed to her request and Ngi Tahu left and the land belonged to Ngti Awa, but Marokura stayed as a wife for the chief, Te Rangiwhaiao. Years passed and Marokura became aged. She was all grey and she bore a child called Te Au, and then the identity of Torehina came at this time and the whakapapa goes thus. 30 Te Rangiwhaiao married Marokura and begat Te Au, Te Au begat Maipuku, Maipuku begat Te manga, followed by his sister, Kuraimoemoe, Kura-i-moemoe married Hwhea that is our link to Ngti Rua. Returning to Te manga begat Maungatai, who married Mhea, that is our link to Rhiri. They begat Te Reinga, who married Nghue and they begat Rautao, who begat Te Whare Mkaikai, followed by Te Uri-o-Kanai, our ancestor in the portrait. Te Uri-o-Kanai begat Hroi Mrunga. In 1875 Hroi Mrunga stood in the Native Land Court and said. THR 40 I belong to Ngti Torehina and reside at Tuna Pohepohe, I derive my title from my ancestor, Te Reinga, my people have lived on the land from the time of Te Reinga until now. The land in former time belonged to Ngti Awa. It was taken from them by my ancestors. No one save my people have since lived on this land. Ka hoki nei au ki te ttai, ka moe a Wharemkaikai ka moea i a Kahuwhara, ka puta ko Hangarau, ka moe a Hangarau, ka moe ki a Riripeti Te Poupounga, ka puta ko Rihari Hangarau, ka moe a Rihari Hangarau, ka moe ki a Triti Ttari, ka puta ko Ngi mtou, ko Ngti

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Wai 1040, #4.1.2 Torehina ki Matak. Ka tiki noa atu i a Te Wharepoaka, ko Wahaika, ka puta ko Ng Rkau, t mtou ptanga tr, ki a Te Hikit, ka moe a Ng Rkau, ka moe ki a Karatere, ka puta ko Rehutai, ko tmuri ko Te Whare Poaka, na Rehutai ka puta ko Mere Hura, na Mere Hura ka puta ko Te Awe, ka moe a Te Awe ka moe ki a Hpeta, ko t mtou ptanga tn ki a Ngti Whakaeke me Ngti Urumahue, na rua ka puta ko Triti Ttari, ka moe a Rihari Hangarau, ka puta ko Ngi Mtou ko Ngti Torehina ki Matak. Tkina atu i a Ruatara, hoki atu ki a Maungatai rua ko Mhea, ka puta ko Te Reinga ko tmuri ko Tirarau, ka moe a Tirarau ka moe a Kawharu, ka puta ko Ruatara, ka puta ko Ngi Mtou ko Ngti Torehina ki Matak. Ka tikina atu i a Te Pahi, ka hoki atu ki a Maungatai rua ko Mhea, ka puta ko Te Reinga, ko tmuri ko Tirarau, ko tmuri ko Hopewai, na Hopewai ka puta ko Te Pahi, ka puta ko Ngi Mtou ko Ngti Torehina ki Matak. N reira ko ng tpuna kua krerotia ake nei, ko Te Whare Poaka, ko Te Pahi, ko Ruatara, ko Te Wharemkaikai, ko Te Uri o Kanai, koia nei o ng tpuna rangatira, e mau tonu i te mana o te whenua, i te taitanga mai o Hmuera Mtenga, i te tau kotahi mano, waru rau, tekau ma wh o ng tau. N reira kua tae au ki te mutunga o taku krero e ng rangatira, tnei krero, ko te tangi a te hap, tnei krero whakamutunga ko te noi o te hap, ka pnei r te tangi. E Ingarangi, e te Ariki o Ingarangi, whakahnoretia ake ng ati tapu, i atitia ai e koe ki mtou Ariki, i roto i te Whakaputanga me Te Trti, e Te Karauna o te Tino Rangatiratanga o Ngti Torehina, hei mea tuku iho mai i te Atua, e kore e taea te tuku atu, n reira, whakamanahia ake ng ati, ng ati tapu e atitia ai e ia t koutou Ariki ki mtou Ariki, ki roto i te Whakaputanga me Te Trti, kia ora ai ttou katoa, n reira, kua mutu ku krero ki konei, tn koutou, kia ora mai an koutou. Trans Returning to the genealogy. Whare Mkaikai married Kahuwharak and begat Hangarau, who married Riripeti Te Poupounga and they begat Rhari Hangarau. He married Treti Ttari and they begat we, Ngti Torehina ki Matak. From Whare Poaka, Wahaika, who begat Ng Rkau, our link to Te Hikitu. Ng Rakau married Karatere and begat Rehutai, followed by Whare Poaka, Rehutai begat Merehura, who begat Te Awe, who married Hpeta, our link to Ngti Whakaeke and Ngti Urumahue. They begat Treti Ttari, who married Rhari Hangarau and they begat we, Ngti Torehina ki Matak. Now from Ruatara back to Maungatau and Mhea. They begat Te Reinga, followed by Tirarau. Tirarau married Kwharu, they begat Ruatara, and we of Ngti Torehina ki Matak. Now, Te Pahi and returning to Maungatau and Mhea, they begat Te Reinga, followed by Tirarau, followed by Hopewai. Hopewai begat Te Pahi, and we Ngti Torehina ki Matak.

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Wai 1040, #4.1.2 And so these are the answers that I have quoted Te Wharepoaka, Te Pahi, Te Ruatara, Te Wharemkaikai, Te Uri o Kanai, these are the chiefly ancestors who held fast to the mana on the land when Samuel Marsden arrived in 1814. And so I have reached the conclusion of my evidence. This evidence is the cry of the hap. This story is the pleading of hap and the lamentation. To the chief of England, honour the sacred oaths that were given by you to our high chiefs in Te Whakaputanga and Te Tiriti. To the Crown, the tino rangatiratanga of Ngti Hinatore was given, seeded by the Lord and cannot be taken, so honour the sacred oaths that were given by your high chief to our high chiefs in Te Whakaputanga and Te Triti, that we may all live. I conclude here. JK 15 Thank you, Mr Rihari. Please remain for any questions the Tribunal or my friends may have. Kia ora. Thank you, sir. I call our next witness, Mr Hugh Rihari.

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Hugh Rihari reads to his Brief [4.28 pm] HR E te taumata, kaumtua, e Te Taraipiunara, e Te Karauna, e Ngpuhi, ng pitopito katoa o roto o Te Taitokerau, tn koutou. Ko taku ingoa ko Hugh Te Kiri Rihari, ko ahau, kua tohu kia ttahi o ng kai-krero m t mtou hap o Ngti Torehina, ko ku krero, me tito i roto i te reo Pkeha, kia mrama mai e ia o ttou manuhiri, e phea ana o ku nei krero. Trans To the Taumata kaumtua , to the Tribunal, to the Crown, to Ngpuhi, to all parts from within Te Tai Tokerau, greetings. My name is Hugh Te Kiri Rihari. I am one of the speakers for our hap. My evidence was written in English so that our visitors will know what I am saying. My name is Hugh Te Kiri Rihari. I am of Ngti Torehina

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HUGH RIHARI CONTINUES READING TO HIS BRIEF HR 30 omission at Hhi later at Te Puna. I would like to come back and just explain, Hhi in my report, Hhi is the proper name for Ihi, Ihi has been a name that has been misconstrued by the missionaries when they arrived, they called it Oihe, they called it Oshi, but the real name is Hhi. We welcomed and supported the British HUGH RIHARI CONTINUES READING TO HIS BRIEF 35 HR about mid-1814 a ship arrived at Rangihaua. I would just like to expand on that, if I could? The arrival of the, what I might call ambassadors, prior to the coming of the missionaries, was witnessed by our tpuna and actually entered into their krero, that my whnaunga, Hori had mentioned earlier, the 1875 investigation of title for Tunapohepohe held at hwai, and what they said at that time that they had met Ruataras

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Wai 1040, #4.1.2 Pkeh, as they called them, and invited them ashore. He was met by our tpuna, Ngng, Te Uri o Kanai and Wharemkaikai. On board that ship were Messrs Thomas Kendal and William Paul. They bore a letter from Ruatara signed by his friend Marsden, it stated they had been sent by the CMS to teach them how to grow wheat and build houses. Our tpuna were keen to cultivate wheat as a commercial venture. They had been growing if for some two years and hoped that they could export it to Australia to obtain further iron and tools so crucial to the advancement of our commercial gardening, for example hoes, axes and spades. Hongi Hika, Korokoro and Ruatara, all sailed back to Port Jackson aboard the Active on its return to Australia. This was an attempt to further solidify relations and to invite Marsden to establish a permanent settlement at Hhi. By the time of their return journey to Rangihaua in December of that year, our rangatira had become depressed and greatly concerned about the effects of their invitation. The exposure to the British attitude that was portrayed in Aborigines had prompted fears that Mori would be killed or made slaves. Samuel Marsden discussed this with Ruatara and to derive his fears made explicit undertaking to ensure the ongoing protection of our chiefs. Further, his krero was that the mission was not motivated by greed and he had no interest in taking Mori land. We trusted in these words spoken by Ruatara. We respected the advice and assistance of the missionaries, ko koutou i pwhiri mai i a rtou, ko mtou i pwhiri mai i a rtou ki t mtou whenua, we allowed Marsden to give his sermon on our land. Trans HR You welcomed them, we welcomed them to our land. Following Ruataras death, the relationship of the CMS missionaries was managed by Hongi Hika, Waikato, Whare Poaka, Te Uri o Kanai and Rkau. Under their direction the missionaries and their whnaus set about building their homes on the steep hills at Hhi, sometimes incorrectly called Hohi as I mentioned earlier. With the settlement in this remote location the hap HUGH RIHARI CONTINUES READING TO HIS BRIEF [4.46.17-4.48.34] HR 35 Trans HR out of aroha for their nephew, Ruatara I would like to speak on that too. One of the songs that Mori sing a lot: He aha ng mea nunui, he aroha, he whakapono, he tmanako. What are the greatest things, love, faith and hope. And Id thought that I would bring that up in this case with the gesture of our tpuna, Te Uri o Kanai, to allow the missionaries to come for their aroha for their nephew, Ruatara This gesture of aroha has gone down in history as the HUGH RIHARI CONTINUES READING TO HIS BRIEF [4.49.08-5.08.17]

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Wai 1040, #4.1.2 HR JK WAIATA ?? 5 Trans Taku Ngti Torehina e, tnei t ake ki te mihi ki a koutou, ng pae tuku karakia ki t ttou Atua a te p, p te ao, ma roto i tr, ka whakaae i te wairua [Indistinct 5.10.23]. Thank you, Ngti Torehina and those who have conducted our prayers and we sense the kinship ties come alive between the hap. And the descendent of Puhi and Hri and Rewa and of the hap, and we acknowledge you Ngti Torehina. Kia ora, Mr Rihari, I know that there are no questions from the crown, but there maybe some question from the Tribunal Members. Tn koe, e Kiri, ka nui te mihi m ng krero, kua horahia e koe i te ahiahi nei, ka nui te mihi, n te mea, phea k ng pukapuka a tauiwi, kua pnuitia ng htori, katahi ana, ka rongo i nei momo krero, n reira tn koe, tn koe. Greetings, Kiri, thank you very much for the evidence that you have presented this afternoon. There have been many, many histories of tauiwi that I have read and this is the first time though I have heard such evidence, so thank you very much for that. The Crown dont have any questions, and we dont have any questions. So, ka tautoko au n mihi ki a koe e te matua, me k koutou r, i tae a hap mai ki te whriki nei i ng krero, i whriki Mori mai, a krua r, n reira, tn krua, tn koutou, tn koutou. I endorse the sentiments by Dr Walker for you and the hap who have come in support and you have presented your evidence in a very Mori way. Thank you very much. That brings us nearly to the end of the day before I hand it back to the taumata. Once again, thank you all for your attendance, its certainly been a privilege for all of us here to have listened to the krero that we have been fortunate to hear, and we look forward to another enriching day tomorrow. N reira, ki a koutou o te taumata, n koutou r, i whakatwhera i t ttou r, hoki an ki a koutou hei whakakapi. As a taumata you have opened our day this morning, and we look to you at this time to close. [Indistinct 5.12.57] Can you give us a list of speakers tomorrow because we have bereavements on our marae. E matua me mahia tn i aianei na tonu, engari, i mua i te whakakapitanga o t ttou huihuinga, e rongo atu ana i te makariri e hoki mai ana, n reira fast to our mana and to our whakapapa, kia ora huihui mai an ttou Tn koe, Mr Rihari.

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Wai 1040, #4.1.2 he poto noa iho nei pnui. Tuatahi, e mihi atu ana ki Ngti Rehia ki Whangaroa, Waimate tae a mai, e mahi ana i te kihini i te r nei, a, kia mhio mai koutou, i tae mai an ttahi roopu mai i te Corrections, ng tngata, kua hanga raruraru i te ture, i a rtou ttahi mahi i te tautoko i te kihini, n reira, e mihi ana ki a rtou. Ko app, ko Ngti Hau me Ngti Hine, n reira, hmai te pakipaki m n tngata. Trans I will do that right now. But before we close I can feel the cold so we will be brief. Thank you Ngti Rehia ki Whangaroa, Waimate working in the kitchen so that you all know and are aware that the Corrections Department sent a group, those who have fallen into trouble with the law, they were also there to support the kitchen. Tomorrow Ngti Hau and Ngti Hine are in the kitchen. We are starting at 8.45 am tomorrow, sharp, so if you can be seated well before 8.45 am we will get started promptly and thank you very much for your co-operation today. As the Judge said on day one, it is an ambitious programme and we got through today in the allotted time. Tomorrow there are 11 speakers, and this is the order as per the programme: Arena Heta will kick off in the morning, followed by Ivy Williams, Ani Taniwh, and that should take us to morning tea depending on how things go. Then after morning tea we have Louise Collier/Pierre Lyndon, then we have Pereme Porter and Tekarei Theodore, whose krero would straddle lunchtime, and then after lunch we will have Hone Mihaka, and then after the 3pm, the afternoon tea break, we will have Te Kiharoa Parker, otherwise known as Gilly Parker, Te Ramaroa Tito, Tepania Kingi, and Tame Te Rangi will end the day, thats Thursday. There are a couple of other pnui. There is no working party i-hop meeting tonight, and the only other thing is that I need to remind people that on Wednesday the 30th of June, at the Parawhenua Marae, starting at 9.30 am there is the hui for Te Kotahitanga o ng Hap o Ngpuhi, as we look to finalise arrangements for week three and week four of this initial hearing. The other issue to be discussed is outlining a strategy for the settlement of Ngpuhi, Te Triti o Waitangi grievances. So the plan to start that process will start that day, the 30th of June at Parawhenua starting at 9.30 am. N reira, e mihi tonu ana ki a koutou, e Te Taraipiunara, Te Karauna, ttou katoa, e hoatu ana ki te taumata i tnei w--Trans ?? Trans 40 So thanks to everyone, Tribunal, the Crown, all of us. I will now hand back to Te Taumata. [Indistinct 5.16.40] Pereme Porter. We have a bereavement at our marae, but we want to come back to listen to the evidence because it impacts directly upon our whnau, so we request that they can commence their evidence after lunch, those two. I dont want you to respond now, but perhaps later you can give us your decision.

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Wai 1040, #4.1.2 ?? Kia ora Ani, pai k atu me noho mai tahi o koutou, kia whakatakotongia ai ttahi kaupapa m app , n reira, kia ora an ttou, e whakahoki atu ana ki te taumata. It would be good if some of you stayed behind and then we could sort out something for tomorrow. So thank you. Now, we return to the taumata.. Tn r ttou katoa i tnei ahiahi, e mhio ana, kua tae mai te karanga, te makariri e, kia hokihoki ttou ki ttou w kinga, n reira i te mea tuatahi, me mihi atu ki a koutou me r whnau, ng hap, e hui nei i tnei r, e mhio ake ana te roa, te whanga e noho tahi ai ttou, whakawhitiwhiti krero, e whakamrama ai ng whakaaro o tn, o tn o ttou e noho nei, e mihi atu ki a koutou, ki nei ttou whnaunga i te ao muri mai an i tnei r, i a rtou ng krero motu, me mihi atu ki a koutou, e mhio ake ana, e nui atu o koutou krero, hh ana koutou ki te whakatakoto ki roto o tnei whakaminenga, ko te mea k, e titiro ana ttou ko te w, ko te taima, ko nei mea katoa, kei roto i a ttou. N reira, kia aroha mai r ki ng kaiwhakahaere o tnei huihuinga, ka mihi ake ki nei o ttou rangatira, o Te Taraipiunara me Te Karauna e noho mai nei, e noho mai ana rtou i konei, kia aroha mai ana ki a ttou i roto i a ttou krero katoa, ahakoa, hanganui te toutou tahi o ttou, kei te pai, e korerotia ana i raro i te tuanui o te whare. Tr o ttou whnaunga i hoki atu i reira, nn ng krero e pai ana, kaua ttou e hh kia haere mai i te tangata i rangimaria, ko ana krero, te mea kia pekepeke an tahi tangata, ka haere, kore kei te haere i ng krero. N reira, ka mihi r ki a ttou, ka mihi ki a ttou, ki a koutou e te Tpu, ki a koe e te Judge, me mihi atu ki a koe, mhio k ana, ko ana hh pea, ko tahi o ng mahi, e mahia nei i tnei r, ko te mea, kia ai ta rtou, kia , kia poro, ki nei o ttou whnaunga, n reira, e ttou m, te mea kua tutuki te huihui hei karanga atu i tnei r, ka huri ake tnei, taku karanga i tnei o ttou whnaunga, ki a koe Ben, i taupuhi ake ta ttou huihuinga i roto i ng noi i te kaihanga i tnei w, kia ora an ttou katoa. Trans Good afternoon everyone. It is getting cold now, we should be returning to our homes, so I would like to thank the hapu and whnau and we have heard the clarifications and evidence and korero from our kin, and so thank you for the last group. I know you have more to say, but we are looking at the time constraints upon us. So may you sympathise with the organisers and the members of the Tribunal and the Crown team as they listen to our internals, but it is good because we are discussing it openly under the roof of our house. So thank everyone. To you, Judge, maybe you are maybe perhaps tired of some of the activities today, but let us persist and be patient. We have reached the conclusion of our day, now we call upon Ben to close our day with prayers. BA 45 E ttou m, e te rangatira e te Judge, ttou katoa e te iwi, he tautoko ana o ttou kaupapa katoa, ng mihi, ng krero, ng mea katoa, heoi an te mea e te matua i te poto o te w, tn pea, tae atu koutou ki roto o Hokianga, ka tuku te haika a Kupe, kia ta haere ai ttou, ko ku

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Wai 1040, #4.1.2 whnaunga, Whare Poaka, tn koutou, ko Te Hikutu tnei e t ake, aroha pai ki t koutou krero te ahatia, a te toru o ng wiki noho ai i tnei whakaminenga hoki atu ttou katoa, ki te ptaketanga o ng krero i puta ai ttou katoa i roto i te wahap o Hokianga, koutou katoa i puta mai i tr hap ko Te Hikutu, n reira, ka tuku atu tnei whanga e mihi ana ki te Tpu e ng mtua, i ng tini karangaranga kei waenganui i a ttou i te r nei, me kapi tnei whanga o t ttou hui. Kia tau an ng manaakitanga o te runga rawa, ki roto i tnei wharetapu o ttou, tae atu r ki te hunga e noho ana ki roto, t ttou Himene, m te marie. Trans WAIATA ?? 15 ?? M te Marie a te Atua, ttou katoa e tiaki, mana an e whaka, o ttou ngakau ki te pai, ma te Atua, tamaiti r, ma te Wairua tapu hoki, rtou, atua kotahi nei, ttou katoa e whakapai. Tuku atu t mtou whakawhetai, whakakorria, hnore ki a koe, ng manaakitanga iwi atu koe ki runga ki tn, ki tn o mtou, mai i te roanga ake o tnei r, e ptai ana ki tnei hora, me t mtou noi ki a koe e Pa, kia pn tonu koe, ki a mtou i ng r e t mai nei ki mua i a mtou, e rapurapu nei e Pa, te huarahi o mtou, ng uri whakatupu, he huarahi m mtou, he iwi kotahi, i roto o ng ngkau whakatokoto ai o mtou tpuna, mtou i ng tau ki muri. Arahina mtou e Pa i runga i te huarahi tika, kia tutuki ai i ng whakaaro, i whakaarohia ai rtou i ng tau ki muri, tiakina mai mtou e Pa i roto i nei tini huatanga, o mtou e muiui ana i ng hhipera i ng kinga, tae atu e Pa, ki o mtou mate, kei runga i o mtou marae katoa, ko koe an e kite ana, e mhio nei i te huatanga o nei mea katoa, n reira e Pa, kei a koe te tkanga o nei mea katoa, e p ana ki a mtou. Ka tae ki te w e Pa, ka wehewehe mtou tnei marae o mtou, hoki mtou ki o mtou puehutanga, tiakina mai mtou i runga i te huarahi, kia tae ora mtou ki o mtou kinga, tiakina mai nei o mtou manuhiri trangi, tae mai nei ki mua i a mtou ki te whakarongo mai ki ng nawe, ki te kohikohi mai i ng krero e Pa, kia tika ai te haere o mtou kaupapa katoa, n reira, tnei Ihowa, t mtou tangi atu ki a koe, i runga i te ingoa hoki o t Tama, t mtou kaiwhakaora, o Ihu Karaiti, mene. Kia ora ttou. Trans 40 We offer up our prayers of glory to you for the blessings that you have bestowed on each and every one of us from the commencement of our day unto this hour, and we pray unto you that you care for us similarly in the days before us as we search for the right path, we the descendents, a path for us, the people, together, and in the issues that were laid down by our ancestors in the past. May the blessings of the Lord come upon us in our house and our forum. Ma te Marie is our home.

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Wai 1040, #4.1.2 Guide us onto the true path that we may complete the legacy left by them and care for us in these times, in these circumstances for those who are heavy and lying in hospitals and in their homes, and those who have passed on, Oh Lord, for you know and you see all things, and so, Our Father, you are the sole arbiter of all decisions pertaining to us and in time we will leave this marae as we will return to our own homes. May you bless us and care for us on the roads as we reach our homes. Care for us and our august visitors here amongst us who are here to listen to the concerns and to gather the words and stories so that the matters are brought to their appropriate conclusions and we offer up these prayers in the name of Thy Son, Our Saviour, Jesus Christ. Amen. Evening Adjournment

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WEEK 2 DAY 3 SESSION 4 [5.26 PM] FINISHES WEEK 2 DAY 4 SESSION 1 STARTS
15 Hearing Resumes ET Nohonga o ttou, , tat mai ki tnei wiki, kua tata nei te whakapou pp,ka mutu ake te huatanga o tnei noho, n reira ka mihi an ki a rtou, , i t rtou noho mai, , ki te tautoko i ng kaikrero i krerohia ai i te ra o tnei wiki. tn an hoki ka mihi ki a koutou e Ngpuhi-nuitonu, m ttou e pai nei i raro i te tunui o tnei o ttou whare. Ka mihi ki a koutou kia ahatia te kopeke te makariri, otir kei konei an koutou e whakamomori ana kia tat katoa mai ttou i tnei wiki katoa kua pou nei pp. Kia ahatia te makariri kia ahatia kia kaha ttou ki te kawe i ng huatanga i whakaarohia ake e ttou, e horahora ake ma ttou ki mua, , i ttou rangatira, ehara i te mea e toroahia ana te huatanga o nei mihi e ttou m. Heoi an ko te mea kua tat mai kua tukuna mai e taku rangatira e Ppu, mku t ttou whakarite i tnei ata, , ko ia tr mea ka rongo au ki t mtou ki taku rangatira kei peia hoki au taku t, n reira kia tau an te rangimaria ki tnei tunui, , me ttou an hoki e pai nei i roto, n reira kia tau an te rangimaria ki a ttou katoa, e tmata t ttou whakamoemiti. Kororia, Honore, Hareruia ki a koe e Ihowa o ng mano, ki te Matua, ki te Tama, ki te Wairua Tapu me a koutou Karere me ng Anahera Pono ko koe tonu ra e te Mangai kei roto i tautoko mai kia tturu kia pmau aianei, ake nei e. E Ihowa ng mano e te Matua, e te Tama, e te Wairua Tapu me a koutou Karere me ng Anahera Pono me te Mangai, kia tat tonu hono ra koutou ki waenganui tnei whakamoemiti a mtou, hei ttari i ng kupu e whakapakina atu ana e mtou i roto an i t koutou kororiatanga. Ko te mea ko koutou te tmatanga me te whakaotinga o mtou mea he tmanako atu nei mtou i roto an i t koutou kororiatanga ko koe tonu ra e te Mangai kei roto i tautoko mai ki a tturu kia pmau aianei ake nei. e.

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Wai 1040, #4.1.2 Ihowa o ng mano tnei tonu ra kei te tuku tonu atu an ra ki t mtou reo whakahonore, whakakororia, whakawhetai tonu atu an ra ki mua i koutou aroaro m a koutou tini manaakitanga i whiwhi ai mtou mai i ng ra ki muri tae tonu mai an ki te hora o tnei ata. Kei te whakapono ake hoki e Ihowa o ng mano n i roto i a koutou manaakitanga i huihuita mai ai mtou mai o te timatanga o tr marama tae tonu mai an ki tnei wiki i hui ai mtou ki mua, kia roaroa te Taraipiunara me te Kwana ki te whiriwhiri i ng mahi whakaarohia ake e mtou hei mahinga ma mtou, otir ka inoi tonu atu an ra. E Ihowa o ng mano, kia whia tonu an ra a koutou manaakitanga katoa an ki a mtou katoa, tat e tuki ng tini whnaunga ki ng mea o mtou, kei roto i ng ringaringa o Tauiwi i roto i ng hohipere, i roto i ng whare herehere, i roto i ng whare wairangi, tat tonu iho an e Ihowa o ng mano ki ng mea o mtou p kinga, kei roto i ng mauiuitanga, taimahatanga, whtanga, ngoikoretanga ko koe ra. E Ihowa o ng mano kei te mhio ko koe kei te kite. N reira ra he tangi whakaiti atu r ki mua i o koutou aroaro, n koutou e wetewete ng tini mauiuitanga e whaka ana ki runga ki tnei ki tnei o mtou hmai a piki te ora, te kaha, te mramatanga, me te rangimaria, katoa ki a mtou katoa. Hei mea i t kaha t wtea ai mtou ki te t i mua i o koutou aroaro ki te hpai i ng mahi o roto i t koutou kororiatanga ko ia ra. E Ihowa o ng mano nei a mtou inoi, inoi atu nei o mtou i runga an i t koutou ingoa tapu, te Matua te Tama te Wairua Tapu me a koutou Karere me ng Anahera Pono ko koe tonu ra e te mangai kei roto i tautoko mai kia tturu kia pmau aianei, ake nei e. A ttou waiata whakamoemiti whakaarohia ake e mtou, e ko te toru tekau ma rima a ttou waiata. Trans 30 From Week 1 unto this Week 2, which is just about completed, and so I wish them greetings this morning and to the witnesses who offered evidence this week. Greetings Ngpuhi-nui-tonu, so greetings although its a bit cold, you are persistent and consistent this week, despite the cold lets focus and concentrate on the matters at hand. I do not want to drag on our greetings, but Bob has asked that I offer the prayers this morning, so I must listen to my boss, Bob, lest I be relegated to the rear seats, so to all under the roof of our house let peace reign and let us commence our prayers. Honour, glory, hallelujah to you Jehovah, to the Father, the Son and the Holy Spirit and the true angels and you mngai you are there to support us now and forever, e. 40 O Jehovah of the myriads, greetings to you, may you come amongst us, amongst this congregation to sift through the words that are to be offered up in your glory, for you are the commencement and conclusion of all things that we aspire to. For you the mngai are within to support so that it become permanent now and forever.

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Wai 1040, #4.1.2 O Jehovah of the myriads we offer up our entreaties to you and in our voice of honour and glory to you as we pray to you for the many blessings that you have bestowed upon us from the days past unto this morning, and it is through your assistance that we have come together from the last month unto this week, as we come together in the presence of the Tribunal. And we offer up our prayers to you, O Jehovah of the myriads, that your blessings be spread upon all of us and to the many kin who are in prisons, in hospitals and mental institutions, O Jehovah of the myriads may you care for them, unto those who are at their homes and who are feeling poorly this morning. For you Jehovah can see and we humbly give up these prayers to take away the illnesses and ailments and may you give them life and enlightenment and peace upon all of us so that we may stand tall and strong to stand in your presence to do the works in your glory, these are our prayers to you O Jehovah of the myriads. In the name of your holy name, the Father, the Son and the Holy Spirit and the holy angels with the mngai in support so that it become permanent now and forever. 20 HMENE ?? Whakarongo mai ki te reo o te morehu, kei kapea e koe, aratakina te iwi morehu, kia whiwhi ai ki ng hua, kei kapea e koe, kei te rangi tau torona tu kororia nui aroha mai ki a mtou, kei kapea e koe. Aratakina te iwi morehu, kia whiwhi ai ki ng hua kei kapea koe, nu te aroha nui ki te morehu, tohungia mai mtou kei kapea e koe. Aratakina te iwi morehu kia whiwhi ai ki ng hua kei kapea e koe. e Jehovah of the myriads, the Father, the Son and the Holy Spirit, the true angels, we still offer up our voice of entreaty to you, from this commencement in this last Week 1 unto this day you have cared for us in our works and may you infuse us with your boundless love and bind us in your spirit at all times, for you the mngai are there to support. E Ihowa o ng mano e te Matua, e te Tama e te Wairua Tapu me a koutou Karere me ng Anahera Pono, tnei tonu ra kei te tuku tonu atu an ra i t mtou reo whakahonore, whakakororia whakawhetai tonu atu an ra ki mua i koutou aroaro. Mhio tnei tmatanga o t mtou noho i tr marama tat tonu hoki i tnei wiki e Ihowa o ng mano. I manaakihia ai mtou i roto i a mtou mahi n reira ra whakame [Ph 8.55.59] i hono ra ki a mtou katoa an rtou koutou aroha noa, paiheretia mai mtou ki te rangimarie, i ng w katoa ko koe tonu ra e te Mangai kei roto i tautoko mai ki a tturu, ki a pmai aianei ake nei e. Kia ora mai ttou. Kia ora ttou. Tuatahi ki a koe e te matua e Eru, ng mihi nu i whakatwhera tka, whakatwhera pai t ttou ra, n reira kei te mihi Our hymn is hymn 35.

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Wai 1040, #4.1.2 tonu, kei te mihi tonu ki a koe, , ki a koutou o Te Taumata hei pupuri nei ki te mauri ra. Trans 5 JC Firstly, thank you, Eru for the prayers that you opened our meeting with, to you and to Te Taumata who hold onto the mauri of our hui. Ill hand it over to you, Mr Pou, to start our day. Welcome everyone for this morning, the Thursday. Once again we have a big day ahead of us in terms of a number of speakers we need to get through, so wed like to ensure that things move along efficiently so that each person can be given as much time as possible to present their krero. Thank you to the people who have provided this tent. We had two options, we either got a tent or plastic, and Im glad they went with the tent, it would have looked a bit silly us sitting under plastic. Heoi an, kei a koe Mr Pou. 15 JP Sir, before we do get started, just a couple of housekeeping matters as coordinating counsel. The next two witnesses will be Mr Arena Heta and Ms Ivy Williams, B30 and B33. We have been informed that Ani Taniwha is ill so she wont be presenting, so following on from that presentation will be a joint presentation by Ruiha Collier and Mr Pierre Lyndon. And then the programme shuffle thats occurring today as a result of the request that was made late to the floor, the Ngti Whtua witnesses will be pulled forward and the evidence of Pereme Porter, Gray Theodore and Hone Mihaka will therefore be after the lunch break as is requested. Now, sir, to introduce the next two witnesses, as I have said, Arena Wiremu Heta and Ivy Williams, their evidence is hap evidence that emerges out of the Kaeo region. It is hap evidence, it is their evidence so the Tribunal will note some different nuances to that which has been presented already, but as it is their krero it is their krero. What Id like the Tribunal to keep in mind, not along with the substance of the evidence, but in the way that the krero tuku iho the oral tradition and the oral record has been kept and as its been maintained. While there are certain adaptions and nuances there, this does not actually change the themes and what is actually being recorded. And Id like the Tribunal to contrast this with the written record thats been kept which my clients would affirm has been manipulated and transformed to suit Crown objectives. And for these reasons it is the krero tuku iho of the two hap people that speak today, their oral tradition is that the Crown (the government) is a thief and is a liar, and that is a common theme that you see coming through, not only their evidence but the other evidence that comes through. So the first brief of evidence, Mr Arena Wiremu Heta, son of Te Uru Heta, B30 and his evidence is for and on behalf of Ng Hap o Kinga Pipiwai.

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Wai 1040, #4.1.2 JC AH Tn koe, Mr Pou. Tn an r koutou, tuatahi mku he mihi atu nei ki nei o ng manu o Te Taumata i whngaihia nei a mtou te miro o te runga rawa i te ata nei tn koutou. Huri aku nei mihi tonu atu nei ki tnei o ku nei tpuna, n Hohepa Haare, e hoki atu nei e ia i te kpu o te whenua, i te t mtou nei tpuna a Papa-t--nuku, n reira haere e te matua haere. Haere atu ki nei o ttou, a Hongi m a Tareha m, a te tini o rtou i arahia mai nei i a mtou i ng one p, o Waitangi i te ata nei. N reira ka mihi hoki nei ki a rtou, mihi hoki nei pnei ka kite atu nei i a rtou, i tnei atarangi, i roto i ng kanohi o ng uri he mrara mai nei i te r nei, n reira moe mai koutou moe mai. Thei mauri ora. Mauri ora ki k nei mtua, hei wharaki mei nei i a mtou, i te tmatanga wiki tuatahi, i te ao o ttou ng rangatira o ng hap i Muriwhenua e tk nei matua a Rima, a Patu a koutou katoa ma, i wharaki mai nei i a ttou nei ao, n reira tn koutou. Tn an ra koutou Ngpuhi koha rau, e tau mai nei ng mihi hoki nei ki a koutou, tn koutou, tn koutou, tn an ra koutou katoa. Ka mihi hoki nei tnei mihi ki a koutou e te Taraipiunara, ka mea atu nei i a koutou, ko koutou Te Roopu Whakamana te Tiriti 1840. Ki ahau nei khore au i whakaae ki tr kupu, tr krero n i a koutou, engari ko pnei ku mihi atu nei ki a koutou. Ka mihi hoki nei ki ng rangatira i roto i a koutou nei kanohi, he ora nei i a koutou, ka ora nei i a rtou n reira tn koutou katoa. N reira ka huri k nei reo, , ki te ngko o te mhio o te katoa i raro i tnei tuanui Trans Firstly, greetings to Te Taumata who have fed us with the spiritual food. Turning to my tpuna, Hhepa Haare who has been returned to our ancestor Papa-t--nuku so I say farewell te matua, go to the rest to Hongi, to Treha and the rest who were brought here on the shores of Waitangi this morning. We will remember them and we see them in the visions of the faces of their descendants here this morning. Best wishes to our elders who have cared for us from the time of Week 1, to Rima, to Patu and to all of our elders here, greetings Ngpuhi of a hundred holes, greetings to you all. And greetings to the Waitangi Tribunal, you are the group that gives mana to the Treaty. To me, I do not accept that word, but I acknowledge you and greet you, the chiefs amongst you. There is solutions there within your group and so we turn now to the English language. 40 AH Theres a saying: Dont shoot the messenger. The fact is, thats why you send a messenger so he can get shot, thats the truth. If you saw 300 then you know why the King dont come by himself, he sends a

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Wai 1040, #4.1.2 messenger. And the truth is and the fact of the matter is to the messenger: Are you ready to die? and die with dignity. I am of a region that is known as Whangaroa, originally Whangaroa was just the name of the entrance to the harbour. Its a name that has been placed over us by the top over the top of us by successive governments and local authorities as they have sought to push us aside and legitimise their presence. Kaeo is the rohe, our hap exercise rangatiratanga within a portion of the wider Kaeo region called Kinga Pipiwai, so this region is protected by the following maunga I dont know why things sound stupid in Pkeh when theyre put down better in Mori. But anyway, for the benefit of everybody here, Tangit te maunga, Tangit titiro ki Hokianga whnui, titiro tonu atu nei ki Taratara ki ng whnaungatanga i Manganui, Manganui ki Imiimi ki wa ttou nei whnaunga i Whangaroa, ar ko Te Horehore ki Pewhairangi ki Taumarere. Trans Tangit is the mountain, gazing upon Hokianga to Taratara, to the kin at Mangonui, Mangonui to mimi, to the kin at Whangaroa, to Te Horehore and Pewhaerangi to Taumarere. Our region is connected by the following other awa as they flow from Tangit. Hokianga, Whakatereterehia, before it gets to Te Poukarakiatanga it mihis Rhiri and that stream flows under the Rhiri Bridge out to Hokianga. I know that because my father used to take us up there and make us walk it. So Mangawhera to Mangonui, I will get to plenty use. Te Awaroa to Whangaroa, to Rotomanuao which is an underground awa that flows to Te Piwhaerangi, so these sentinels and arteries connect and protect Kinga Pipiwai within te paiaka o te riri te kawa o Rhiri. It is for and on behalf of ng hap o Kinga Pipiwai specifically that I have come to speak as we sit within the greater nation of Ngpuhi. I list these hap, me ng rangatira. Ng hap Ngti Inguru ko Arapata Taneora te rangatira, Ngti Tara ko Heemi Rhiri, Ngti Rangi-matamoemoe ko More Tkriri te whnau pani Ngti Uru, Ngti Pakahi, Heta Eru, Patuone, te aitua Hemiona Tauroa Maaka te patua o Haueru, o Hautai ppu taumata priri kahikatoa taku kuri ka hikatea. Te Ranga Wiremu Hou, Te Ratorutoru, Kingi Wiremu Kira, Owhorepapa ko Owhorepapa Takapwhia, ko Takapwhia Rotomanawao, ko Rotomanawao Ngti Matarahurahu Tkriri, Umukiwi, Tmati Waka Nene. Trans AH The hap and the chief Hemi Rhiri the chief, Moretu Kriri the chief. I am the son of my father which is obvious. I set out his whakapapa, my whakapapa. We whakapapa to three of the signatories of Te Whakaputanga ko Matenga Uere, thats Paerata, n te Ptu Patuone and Tupe.

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Wai 1040, #4.1.2 While others might have different views, I have not come here to make friends with the government or their Crown nor do I bid them good day nor do I wish them good health and long life. I wish them long suffering, as we the true sovereigns of this nation have suffered for over 170 years, under their lies that they have forged and forced us to succumb to at the threat of their treacherous judicial system. I do not acknowledge them as anything more than imposters, the lords of treason, the king of liars and the prince and princesses of thieves. It is not with love in my heart that I appear before the Tribunal or love for the Tribunal in seeking to welcome the governments representatives onto our whenua. Tuku iho m te tau tohetohe Trans AH 15 The place of discourse... How can any of us how can we welcome the government onto land that it says is theirs, to which they have no whakapapa. Onto land to which it says its mana is greater than ours without a tpuna. How can the thief give back to the baker the crumbs from the loaf he has stolen? How is it possible for the Judge to pardon the thief and condemn the baker? You through microscopic eyes search the shadowed avenues of doubt when the highways of light and truth are before you. You speak our reo, Rangatira, and you have sat with them. I commend you for that. Yet though you speak our reo, Rangatira, your heart has always beaten to the drum of a different language. In my view the governments presence here is based on a series of fictitious lies no, the full and conclusive encyclopaedia of lies. I have a sense that this process will help them to build on those lies, strengthening and legitimising the lies, the theft and their acts of treason, rather than drifting the truth and allowing justice to be done. For how can they now speak the truth when the truth is not in them nor is justice or righteousness. We know the truths of yesterday are the same today and they will be forever more. Te Whakaputanga me Te Triti, a covenance that cannot be argued away by one whose light is no brighter than the darkness hes trying to lead somebody else into. Te Whakaputanga me Te Triti are our lights. We have paid the price of a ransom when there was none to be paid yes, we have paid the price. Yes, as you have sought to legislate ng hap out of existence. Now through your final act of defiance, you seek one voice to speak on behalf of all hap, so that we, the hap, become nothing. Through your illegitimate children we called one Rnanga. In the words of Kmera (not exactly his words) yes, but for you illegiti eh, cant even say that word your koretake tamariki, to be high high up, up up, te teitei o ng teitei, and we, ng hap p ng tu ki raro, raro i te Kopu o te toke- eh, we to be down the hap to be down under the belly

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Wai 1040, #4.1.2 of a worm? No, kore kore ng hap e whakaae ki tr ki te tahi krero mo rtou mo ttou. TH AH 5 TH AH Kia ora, matua, kia kaha. Do not use your legislations to set us against each other. You have done that in the past and shame on you - - Shame - - Yes, we have paid the price we have paid the price, but look at what weve gained, today here and now, here and now an audience an audience with the thief and his band of liars who is to judge us on our rangatiratanga. We have never consented to you governing over us. 170 years plus they have been trying to tell us to say yes, when we have always said no, what the hell part of no dont they understand. TH 15 AH TH AH What the hell. Yes, we have paid the price - - Whakarongo. - - - we have paid the price. Yet for all of that yet for all of that, you listen carefully yet for all of that we stand and honour, honouring te kawenata tapu a Hongi me Hori, the true Crown. For this Crown (this Crown), their Queen has no legitimacy of lineage, no predecessor, this pretentious fictitious treasonous Queen, the Queen in light of New Zealand, her Excellency Mrs Rosemary Banks registered on the New York Stock Exchange, registration number 0000216105, what a Queen, this is their Queen. So I ask: How was it possible for the Tribunal who say they are te rp Kaiwhakamana Te Triti and I dont believe that. However, if they are te rp Kaiwhakamana Te Triti, by the very use of that word mana, they are bound by kawa tkanga, that is why its not in any of the documents. They are bound to uphold te wairua, te rangatiratanga o ng rangatira o Te Whakaputanga me Te Triti, I dont think that will happen. How can they make a just and righteous decision when all our evidence is given before those who are sworn to the allegiance of a treacherous Queen? We have never given our rangatiratanga to anyone. My father said: Our rangatiratanga is the whenua, ko ahau te whenua, ko te whenua ahau, ko te rangatiratanga o te tangata ko te whenua ko Papa-t--nuku. Can they say that, let alone understand it? My father spoke in a deep profound way because his father did and his father did and his father did because it was the norm. Ka tupu ake ahau i roto i te hono te hhonu o tna krero.

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Wai 1040, #4.1.2 In these regards I draw your attention to dispatch number 41, Errol Grey, respecting Governor Fitzroy's proclamation that waivered the right of preemption, which I have attached and marked with the letter A. The dispatch affirms that Fitzroy had acted illegally when waivering the right of pre-emption and that this illegal action was plainly obvious; notwithstanding this illegality there was a need to maintain the good faith of purchasers by authorising the illegal act at the expense of Mori. It is clear that the constant manipulation of what is lawful and what is righteous to create a history of lies and to take from Mori is not a new thing. Lies and deception are the mother and father of the governments DNA. TH AH 15 e r. While I sincerely hope whoa, look at that I sincerely hope, I dont hope while I sincerely hope that this will not be the case today, I have no confidence I dont have much confidence. I continue to hold to the perception that the truth is not within the government. If it was I would not be here, we would not be here. We would not be having this discussion and my hap would not be so aggrieved. Instead we would be friends discussing a history of mutual prosperity that would have followed from the opportunities that our tpuna understood would come about as a result of the relationship that is clearly set out within Te Whakaputanga and Te Triti and I would be the captain of that boat - - Kia ora. - - - and the owner. So this is my introduction I got 20 pages I have requested for 20 years. I set out below the basis of our understanding in these regards which I assert is beyond contest. Hongi Hikas visit in England in 1820 was covered by Erima and weve heard that all throughout our hearings. Its not my intention to restate those matters. However, I believe our hap perspectives regarding the covenant that was formed between Hongi Hika and the King of England provide a very relevant backdrop to any interpretation of Te Whakaputanga me Te Triti. It is important to keep in mind that our people sent Hongi Hika to England, he was not a sightseeing tourist that happened to meet with the King, rather he went with particular instructions to achieve a specific purpose. Our history records that the primary purpose for the trip was to increase the commercial opportunities available for Mori, this included expanding the horizons over which Mori could trade and also the products that they could trade for. In particular, Mori had seen the benefits of rino could be put to, it was hoped that the information brought back by Hongi would allow Mori to produce iron which was a requirement in building ships, nails in themselves became a prized possession for Mori who use them for

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Wai 1040, #4.1.2 carving as much as they were used for building. A good relationship with King George was an essential factor if Mori were to achieve their commercial desires. 5 At the meeting, King George acknowledged Hongi Hika in the way in which he had extended his manaakitanga to the missionaries and the British subjects. The gifts given by King George were in exchange for the protection that had been afforded to Pkeh on our shores. Hongi discussed trade with the King and went on to talk about the restrictions that had been imposed in the Kings name. The King affirmed that Mori were free to trade in whatsoever they wanted to and that he had not imposed a ban on the trade of anything including your treacherous muskets. Though some say that Hongi traded in the gifts that he received from King George that is not our history. We are told that these gifts sealed an everlasting covenant between ourselves and the royalty of England. In giving these gifts the King told Hongi that he would assist Mori where he could and not turn his back if ever they were in need Oh, help us now King George. In our eyes the tatau pounamu had been formed between King George and Hongi Hika that would be binding on future generations in memory of the covenant. The names Kngi and Hori were woven into our whakapapa. Successive generations have carried these names and the names of Horis successor Wiremu to remind us of the everlasting relationship that we had with that family right down to my aunty Rachael, my fathers sister, who married John Windsor from the House of Windsor. He kairahi mo ng whnau o ng rangatira e hinga atu nei i ng pakanga o ropa, thats what her role was over there ... Trans 30 AH In memories of those our ancestors who passed away in the world wars in Europe. ... and helping our whnau, taking them around to the kiwi of their rangatira who fell in the wars. We didnt just sign our names to documents. We allowed their names to be ingrained within our future identities and this is a point that cant be overstated, as now children are named in such a way, it is like they have been given over and Im still naming my children after these names. Such is the importance of that relationship, it is these names that symbolise and cement the eternal kawenata tapu te ake tanga o te hhonu ki ng Kngi o Ingarangi me ng rangatira o ng hap. Trans 40 The sacred covenant and the link between the Kings of England and the rangatira of the hap. Its important to keep in mind the fact that Hongi Hika never put himself forward as a King of New Zealand, though Kendall introduced him as a King. Hongi was careful not to misrepresent himself and I cant say that for you.

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Wai 1040, #4.1.2 Before us is a photo of Hongi, its a photo that my nana enlarged and it features it will stake in here and featured in England, the picture features a description of Hongi as a chief of a small tribe of Ngpuhi. This description is an indication of the humility of Hongi Hika and the way in which he conducted himself in England. Below is a steering paddle of one of his waka taua. And in 1890s, around about that time, Hokianga heard that it was under the kaitiakitanga of Heta Eru whos a direct descendant of Hotote and Patuone, so they come to ask to take the paddle away, but thats why we Mori are clever. After they wnangad and after they wnangad they decided to cut it right down the middle. A half for Hokianga and a half for here. Kei hea ranei te hwhe o Hokianga pea nei, kua rapa atu nei i roto i te one, rapu ana Toheroa Trans 15 AH I dont know where the Hokianga half is, perhaps its buried in the sands. I dont know where it is, but it must be somewhere. I heard my whnaunga say it was in the church over there somewhere, so that is the whakaaro for there. The bond with the King that was formed there for was not just with Hongi but with those other rangatira that exercised authority here in our country. Though Hongi Hika did not live to see the signing of Te Whakaputanga me Te Triti, it is clear that the ideas that sit within those documents follow on from the covenant that was forged between the King of England and the chiefs of this land. When we look at some of the things that Patuone achieved and his partnership with Taonui we see that they were following in the lines of that which Hongi had opened up. Hongi had been told by King George that wherever his flag flew it was an indication of his mana in that area. As a commerce that Mori wanted to engage in was to be under their own mana, they created their own flag, the Hokioi. This flag was woven from harakeke which flew from the stern of Sir George Murray Grey, the ship owned by Patuone and Taonui. When the ship reached Australia, however, it was ceased (every things been ceased), leaving Patuone and Taonui stranded. When they finally made their way back a meeting was convened between rangatira and it was decided that a delegation would travel to England to discuss the matter with King Wiremu the 4th (should have put the 4th behind my name too). Our history records that King William met with a delegation who discussed the Sir George Murray Grey affair within the context of the covenant that had been forged between his brother King George and Hongi Hika. From this meeting we are told that King William promised to send a flag which will be recognised internationally for Mori to trade under. This flag would provide the backdrop for what would be recognised as the first and only official flag of this country in 1834, the flag of Te Whakaminenga this flag o ng rangatira o Niu Treni ake tonu atu.

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Wai 1040, #4.1.2 This flag symbolises the eternal covenant of two sovereigns, the moko of our rangatira in the top corner, which in the first instance represents te kau au runga, they are more astute than the missionaries. There were some things they never told them. They already knew what a flag symbolised and the knew that the flag sent them had more mana than every other flag on the ocean and land at that time. So all they did was fill one square you look where they filled look where they put the moko, right next to the mast, on top, not below, not at the side where it matters the most. On the ocean as on land, it signalled the sovereignty of ng hap, protected by the King, te kau au raro, the three parts unfilled. With the flag came the Kings promise in perpetuity. This was the first flag hoisted at Kororaraka to a 21 gun salute, of the HMS Alligator as 21 gun salutes are reserved for heads of state, this salute was taken as an indication of the independent authority of those whom the flag represented. In these regards I would like to draw your attention to the fact that heads of government, like Prime Ministers, only warrant a 19 gun salute, as for this government, the hangmans noose. 20 The specific recognition of statutes is made clear within an extract from a dispatch from Lord Glynelg to Major General Sir Richard Bourke, dated 25th of May 1836 - a copy of which I have attached and marked with the letter B. The dispatch clearly illustrates the English perception that Mori chiefs were not subject to the King and his acknowledgement of our status and our flag. It was this flag that was flown until removed by Hobson, an act which in proper context could be viewed as treason and I have attached and marked with the letter C a copy of an article that was within my fathers documents I dont know if you got that. I will leave the histories relating to the cutting of the flag pole to others. However, when I think about the fact that the signing of Te Triti occurred with our flag raised high our tpuna would have been clear that their mana would be enduring forever. The relationship between our people and the Crown was not created by Te Whakaputanga me Te Triti. It was created face to face with the King himself and it was recorded for us within our whakapapa as I have already mentioned. Te Whakaputanga me Te Triti therefore set out the relationship in writing so that it would be clear to those who would immigrate and those who we would trade with it. The documents didnt create a dependence or a rights, they merely confirmed our independent (rangatiratanga) and expressed it to the world. I believe that Pkeh were clear about the relationship. I have read the letter that James Busby wrote on the 2nd of November 1835 which was sent to the Undersecretary of State. My father would often talk about Busby and referred to him as a friend oh, well, that was his mate.

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Wai 1040, #4.1.2 Busbys letter clearly sets out the intention of ng rangatira, recording their request for the King to continue to be a parent of the infant state and protect them from all attempts on its independence. In a later dispatch from Lord Glenelg, referring to Busbys letter, Major General Sir Richard Bourke was instructed to ensure ng rangatira that the King would never fail to avail himself of their request. To us this reflected the Crowns intention to protect the covenant forged with the King. The Crown would not turn its back on us and we would not do likewise. Ive heard that some think the Triti cancelled Te Whakaputanga, while thats nonsense. I can say categorically that this could have never been the intention of ng rangatira. For us, the Triti was an agreement to reinforce and protect Te Whakaputanga rather than to void it. We are bound to protect it and the covenant with King George which cannot be set aside. This was acknowledged by my grandfather when he went to war in World War 1, when they went they took our flag over with them. It is this flag that they fought under when they fought alongside their Triti partners. My grandfather was not given a gas mask when he was over there and he was weakened by mustard gas and died at the early age of 42. He served from 1916 to 1919. My grandmother loved my grandfather and the reason why she enlarged Hongis photo was to remind her moko that the kawenata Hongi me Hori, no war or government could separate us from it. So for us my grandfather and many put their lives on the line for the living, breathing covenant, right up to Vietnam for the same reason my family have participated in all the wars. Its a price that our family has paid and been more than willing to pay to honour the covenant forged between Hongi and Hori. They did not fight for a King and country. The King was their friend and the country was theirs. They fought for a covenant. They swore they would never break and to keep it far from the enemy look how close that enemy has come. So for these reasons we say Te Triti was never the Treaty. Te Triti allowed Pkeh to immigrate, to live amongst us and to trade, there is nothing in Te Triti that gave them the right to govern us or to be our sovereign. Nothing in Te Triti gave them the right to come here and set up their own government and to impose it on us. That is why I refer to the government and its representatives as imposters, liars, thieves and lords of treason. In 1881 a petition was put together and sent to the Queen I have attached a copy of this letter and marked it with the letter D. 40 The petition is helpful in that it gives our view of the government and its evil acts it was committing. Our tpuna sought to inform the Queen of the evil acts that the government was committing and conveyed to her their objection to the way it had imposed itself and how this was getting in the way of the relationship that existed between us and the English monarchy. Our tpuna were seeking the Queens assistance to setup a Mori parliament which they believed would help ensure that she was

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Wai 1040, #4.1.2 more informed about the acts that her subjects were committing in her name. Unfortunately, it seemed she turned her back on us. The imposter has remained and the lies and theft and treason have continued. 5 So in concluding, we are not a greedy people. We are not an angry people. We do not seek anything more than for the Crown to once and for all act with honour and righteousness. Underneath blankets of lies the imposter has deprived us of our ability to exercise our authority and removed us from our whenua. My father always lamented the way that we were displaced from Kinga Pipiwai, he used to speak of the time when his father and all the young men were at war. With no men to work the land the women moved with their tamariki so that they could be supported by other hap. That is our way. The hope was always that they would return to their lands when the man came home from defending the covenant. This was not to be the case. The imposter lied and said we had abandoned our lands. When our men came home from war, fighting for the covenant, other people were living on their whenua and were claiming it as theirs. We have not come here to pin our hopes on wasted dreams and shattered truths. We have not weathered the storms of 170 years of the arrogance and ignorance of this government only to turn our waka back into it. We are not the lost pages of history that you think you can rewrite. We have not come here seeking an end when we know the end is with the beginning and the beginning is with the end. To quote, four years in the making, 170 years in the waiting, it sounded like that was a new dawn, but it shall only be a new dawn for ng hap o Ngpuhi if the rays that break the morning of the rays of truth. We do not ask for anything more than that which has been righteously been bound with heaven, earth and the King as our witnesses. We are ng rangatira o te whenua rangatira, true and rightful sovereigns of this nation to which your sovereign gave solemn acknowledgement too. So who the hell are you? Take back your lies that which has been stolen, return it and reassess the imposter, that should be the job of the Tribunal, reassessing the imposter, not us. TH AH TH AH 40 JP JC e, r, tka. So do you have anything to say before I conclude? Krero mai. Im talking to you, have you got anything to say before I conclude? Sir, thats Mr Heta asking the Crown if they have any questions. Mr Irwin, do you have any questions? No questions.

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Wai 1040, #4.1.2 We have no questions either. AH N reira, piti hono ttai hono, you have been judged, you have been weighed and you have been found wanting. It is a judgement of our hap that you be removed from this place to a place of execution where are to be hung by the neck until you are dead and on your way to the gallows I leave the last words to Mr Davis who writes from Waimate in May 1838 regarding the New Zealand Association that later became the New Zealand Company then in 85 a false government and these are his words: What the British government will do in the present case appears uncertain. But to deliver up a country which is not their own into the hands of a company of men whos primary objective is gain is a crime that I trust my countrymen will never be guilty of. AH 15 ?? OK I was just kidding. Tn koutou. Kia ora. Ka t ake nei e tautoko ng krero a te matua i tnei w e ngaro ana ng wairua o ng krero a ng mtua [Indistinct 9.35.58] ana te pkeh. Tnei w o te mahi i mua tautoko. N reira tn koe. I support his evidence, the pain was evident to see because this was the actions in the time of old. Mr Pou. Sir, as I pass the microphone over to Ms Williams, Id just like to follow up on the last comments that were made by Mr Heta, and I think the Tribunal ought to take them in the metaphoric sense in which they were offered. Those roles that he discussed as being imposed upon him, these are the roles that ng hap o Kinga Pipiwai assert should be executed and should be removed. It is only that way that the thieves, the liars and the imposters and the lies can be removed from their history and their future. 30 JC JP Kia ora, Mr Pou. So Mr Irwin is safe at the moment. As I do get Ms Williams ready I have Ms Iwa Alker, shes a kaumtua kuia from Ngi Tpango. Shes just going to discuss a few of the photos that were up there, just so that we can introduce Ngi Tpango to the Tribunal. JC IA Kia ora. Tn an koutou, tn an hoki ttou katoa, e huihui nei i tnei ra, te whitiwhiti krero ki waenganui i a rtou o ttou, tn an koutou. Taku ingoa ko Iwa Alker, haere me muri i ahau aianei ko t ake, ko taku tuahine, n i rongo koutou i ng krero o taku tamaiti tngane a Arena

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Wai 1040, #4.1.2 inainei, m te whakapapa o Whangaroa. N taku tuahine te t mai aianei ka rongo koe te ingoa, Wiremu Kira, korohia mena aku tpuna. Ko Wake Toia aianei n i te taha o toku tpuna a Paora Paora Kira. 5 Mhio ana koutou, kaua mtou e neke nei tonga, ana t i runga i te puka, ka prerei te Mangai ko ia tn. Tnei ko taku tpuna tnei a Paora Paora Kira, n tupu tnei, puta ki a Hongi Hika a tr n ko nei ko ana tngane, te matua o nei rua i konei a Tari n tana tuakana n Wiremu Kira. I runga i tn kua t ake taku tuahine aianei, ki te krero taku tpuna runga te patu a Hongi tr, e tnei ko te Patuwai, e rapu tonu ana ng toto o tau inoi tnei patu. Runga tn anei ko koe te w nei ko t ake ko taku tuahine te krero m mtou, te whina i ng krero te whnau o Whangaroa, koina tn koutou. Ko Haki nei Raka Wiremu ng tamariki a Wiremu Paora Kira aianei ko t mai te kotiro, ki te krero m mtou, te hap o Ngi Twhango o Whangaroa. Trans Greetings everyone here today, my name is Iwa Alker, after me my sister, Ivy will stand, but you heard about the whakapapa of Whangaroa. You will hear the word Wiremu Kera, so I stand beside my ancestor Paora Paora Kera. This is Paora Paora Kera the father of these two, his elder sibling Wiremu Kera and my sister will speak of te patu of Hone and you see there is old bloodstains still on this patu. JP 25 IW Without further adieu Ill introduce Ms Ivy Williams. Ms Ivy Williams is the one who taught me how to pick puas and catch mama. Good morning Waitangi Tribunal, kia ora koutou te whnau o Ngpuhi. My name is Ivy Williams. The evidence that I seek to put before the Tribunal is on behalf of Ngi Tpango and reflects upon some of the discussions between my elders that I heard growing up in Te Ngaire. 30 When there were meetings at the marae my father would take me and make me sit inside with him as they talked. He used to tell me to pay attention because the krero was important. I used to watch all my cousins and siblings playing outside and get jealous. I would even unpick the threads in the mats to try and make my father angry so he would send me outside. Though my father never sent me out I am sorry to say that I didnt pay the attention that I should have and what I will recount now is but a mere shadow of what they discussed. Te Ngaire: I remember the old people saying that Te Ngaire used to be called Ngahere and that its name originated from the times of Tahatpango who brought the local hap together to work collectively for specific purposes. Ngahere therefore referred to the ties that bound us together as rangatiratanga was exercised bringing the many tribes together to mahi tahi. I understand that the name was changed when it was misspelt by one of the councils; in this way our memories and our histories of kotahitanga had been swept aside.

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Wai 1040, #4.1.2 The large flats at Te Ngaire were covered in huge plantations, not just for Ngi Tpango but for those who wanted to come and mahi tahi with us, to build up the resources of the katoa. We have always had more than enough to share from the sea and from the land. This was the case right up to the times of Hongi Hika, during his time many used to come to Te Ngaire to get their goods ready for trade, nationally and internationally. Te Ngaire was the centre for commerce. I have even heard stories of how huge kauri logs were floated over our waterfall and into the sea so they could be easily hoisted up onto the ships there. With all this activity going on, it is surprising that a lot of discussions regarding the possibility of trading with Pkeh took place Te Ngaire. In these respects, it is clear that the cooperation that sits in the background of Te Whakaputanga was not something new; it was just the way we did things. Te Triti o Waitangi: When I was young I remember our elders discussing the Treaty. In the main it was a covenant that was based upon manaakitanga and respect. The English would provide assistance by protecting us from the French and we in turn would look after those English people who were here. At that time the English here were in need and they were our manuhiri. They needed our help and support if they were to survive let alone prosper. The Treaty was therefore about Moris safeguarding themselves, as Mori, and ensuring the maintenance of mana from hap to hap as they develop strategies for the future while thinking about those that lived next door. Theres no magic in this, just simply maintaining the way we always did things. Not once did I ever hear in them discuss the Treaty as something that placed us under the mana of someone else. That would be ridiculous, why would our chiefs who were prosperous in their own right sign their mana way to someone else? When you consider this question you have to think quite carefully about the way that these same chiefs would put their lives on the line when their mana was questioned. Against this backdrop to say that those chiefs would just giveaway their mana must be seen for the broad face liar that it is. A Reflection: We have everything and we were willing to share. Those Pkeh who came here came because they have nothing. They had come from a place where resources were scarce and they had to compete for everything. Unfortunately this meant that what we shared with them they just took, in this way our manaakitanga was abused. I dont say this in a nasty way seeking to embarrass Pkeh. However, this very sad fact really does need to be acknowledged. Back in the 1960s I would listen to the old people strategise for the future. During these times they would talk about the way that Mori had become ostracised. Pkeh had imposed themselves and made our people feel like foreigners in their own country. In particular, Mori structures such as marae were being pulled down and replaced by Pkeh ones, like jails. We had our own ways of dealing with mahi kino

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Wai 1040, #4.1.2 which allowed for the restoration of mana, but that was not the Pkeh way. Their systems were about destroying mana and taking it away, not about restoration. 5 I am now a social worker trying to assist those whnau that live in Kaeo. The lack of esteem that is prevalent with these whnau I believe is a hangover from the way our people have been disempowered as a whole by successive governmental policies, they treat our people as an underclass. When you think of what we shared to allow them to come here you would think that some of our manaaki would be reciprocated. Kia ora koutou. JC JP Tn koe. Kore he ptai mai Te Karauna taihoa. Keita, shes got some questions.

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Keita Walker questions Ivy Williams [9.47 am] KW Tn koe, Ivy, he mihi atu tnei ki a koe m o tautoko i ng krero a t tngane Tamarai nei i taua i te marino ki runga i a ttou i tnei w, n reira he nui ng mihi ki a koe, tn koe. Trans HAKA Thank you for your evidence, Ivy, for supporting your brother and for the peace that is now prevailing over our hui.

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Whiti whiti, whiti, whiti, ka eke te wiwi, ka eke te wawa, ka eke te papara hu ai, rangitumu hui e , ka eke, , ka eke, ka eke te wiwi, ka eke te wawa, ka eke te papara hu ai, rangitumu hui e, ka eke, ka eke. Hi weku weku mai whiore, kei roto e taku puta, e puta aha te puta, e puta tahi te puta. E rongo nei ko te puta. That is the presentation for Ngi Tpango and ng hap o Kinga Pipiwai, Mr Taveaki Afeaki will be up next with Ms Ruiha Collier. Ng mihi ki a krua, tautoko au ng mihi o te kuia nei ki a krua, ng mihi ki a koutou. Thank you very much, I support the words of our kuia. Sir, Ms Thornton for the witness listed, Ani Taniwha. She is unable to attend due to illness this morning and asks that her brief of evidence be taken as read regretfully. Yes, thank you, Ms Thornton. Thank you. Ko Takitimu te waka, ko Tamatea te ariki, Ko Kahungunu te tangata te iwi, ka mihi atu, ka mihi atu, ka mihi atu ki a koutou ma e Te Taumata te pai tapu kia kaha tonu mai

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Wai 1040, #4.1.2 , huri noa ki a koutou m, Ngpuhi kua hao rau, e rau rangatira ma, e ng krangaranga maha, ng whaea, ng whare tangata, tn rawa atu koutou katoa. E te tpu tn koutou, tn koutou kia kaha mai, e i Te Karauna, e ku hoariri ku hoa, , tn hoki koutou. 5 T ake ahau ki te whakatwhera mai t ttou kaikrero i te rangi nei, , e rua ng kaikrero anei a Pierre Lyndon, a muri ra, ko te whaea ko Ruiha Collier, ko te pukapuka nei number B19 your honour. A muri i a Pierre, e krero atu he whakatakoto i ng whakapapa, me tahi krero e p ana ki a Ngti Kauao me te uri o Te Aho, , ka t ake an a muri nei a Ruiha Koria, kia whakatakoto i na krero, e p ana ki ng maps, me ttahi atu power point presentation, heoi an tn, ka tuku atu ki te rangatira nei ki te krero. Kia ora mai ttou. Trans 15 Takitimu is the waka, Tamatea is the chief, Kahungunu is the people and the iwi and greetings to you, to you of Te Taumata may you be strong and persistent. Turning to Ngpuhi of the hundred holes and to the many chiefs and greetings to you one and all. Greetings to the members of the Tribunal, to the Crown, to my foes and to my friends, greetings. 20 I stand here to open before our two spokespeople, Pierre Lyndon and Ruiha Collier and B19. After Pierres evidence and the whakapapa pertaining to Ngti Kawau and Te Uri o Te Aho, Ruiha Collier will add her evidence pertaining to the maps and another power point presentation, but we handover now to Pierre Lyndon. 25 PL , kti r, i mua i taku tmatanga i tnei ata, , he whi kupu whakamarama, i roto i te taima kua hmai ki au, ka krero au, m te mana atua, me te mana tpuna, me te mana whenua, e p ana ka p katoa, pea ahau ki te waka o Takitimu, me te waka o Mataatua, n te mea, ka nui te tini o ng waka, khore i mea ai i takitahi ng waka. Engari hei tmatanga mku, ki a koutou e Te Kwana, e te whaea e Keita, i te w i neke au ki Tmaki Makaurau, tahi au ka mauria ki te Tairwhiti, ka haere mtou ki te marae o Hiruharama, katahi ko pou k te pea te koni atu i te toru tekau ng tau. Katahi koe ka hkoi i runga i r o marae, katahi ka meingia mai ki au, e te kai mau i ahau. Tr wahine n ng Ngarimu, he wahine rangatira. N i roto i ku krero i te rangi nei, ka p tahi o ku krero ki te Tairwhiti. E te matua e Kihi tn koe, i te ra nei, ka krero ahau ka p ki t tpuna ki a Ranginui. 40 E te matua e Rangi, tn koe, t tua waka o Mataatua, kei runga ake nei kei Tkau, i mua, ko ahau te tauira i roto i o karaihe, n i te rangi nei, kua t mai te tauira ki mua ki te kaiako. N kti ttahi atu o ku whakamarama ko tnei, ka mate t mtou mtua a Jo Malcom, kua pau pea te rua tekau tau konei atu. Ka noho au i runga

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Wai 1040, #4.1.2 i te taumata, n tr w ka inoi te whnau ki au, e pehea ana koe, ko koe hei kaikrero m te whnau. N koi au e t nei i roto i te teneti nei, ki mua ki Te Kwana, ki mua hoki i a Ngpuhi nui tonu. He whakatau n te whnau, kua pau k, te rua tekau tau, e toru ng mate e noho ia i runga i te taumata ki te whina i te whnau, kore au i kite pnei te whnui kia tae mai ki tnei ra, engari kua kite k te whnau, kei konei rtou e noho ana. N ttahi atu o ku whakamrama, mea nei a Hine-amaru, te pp o Hine-amaru ko Torongare, te pp o Torongare, ko Hua, n te maunga o Taratara. Torongare t mtou tpuna, ko tona hap ko Ngi Tamatea, ko te ingoa tawhito tr o Ngti Kahu. N n reira ng Ngpuhi katoa, he Ngi Tamatea katoa ttou, n te mea, te hekenga mai o Hua ki konei ki Waitangi ka moe Hua ki t ttou tpuna ki a Maikku, ka puta katoa a Ng Puhi, n ttou katoa, he Ngi Tamatea he Ngti Kahu an ttou i te mea ka krero hanganui au m nei ingoa i roto i taku tnga i te awatea nei. Kia ahatia kia tmata ake au, ku krero inaianei, pnei nei Ngpuhi-nuitonu mai Tmaki ki Te Rerenga Wairua tn koutou katoa, he mea hanga ko Ranginui e t nei te tunui ko Papa-t--nuku e takoto nei te paparahi ko ng maunga ng poupou, Phanga Tohora titiro ki Te Ramaroa a Kupe, tn koe te matua e Te Ramaroa, kei a koe mau ana tn ingoa rangatira. Te Ramaroa titiro ki Whiria ki Te Paiaka o te riri ki Te Kawa o Rhiri, Whiria ka titiro ki Panguru ki Papata e t mai ra ki te Hauuru, kei raro ko te pou ahi o Nukutawhiti m, haere rtou te h ika i ng p ko Tahuna te pou ahi. Panguru Ppapta titiro ki Maunga Taniwh ki te whi o Kohukohu te whi n Kupe e mkutu ana tangata khai te hangi maoa ka waiho ng ngrara me ng manumanu ki runga o Maunga Taniwh, Maunga Taniwh e titiro ki Tokerau ki te whi i pakanga a Npera. Ki a Hone Heke m, ki a Pororua Wharekauri m, t rtou pakanga, m ng Kaipuke, me ng tau hokohoko. Engari ko ng rawa me ng tonga, me ng mea katoa n Ngti Kahu, me te whenua katoa. Tokerau ka titiro iho koe ki Rkaumangamanga, ki te whi he mea raupatu a Te Ngare Raumati, hei utu m t ttou tpuna m Te Auparo. Rkaumangamanga, ka titiro mai ki Manaia, ki te whi he mea kai t ttou tpuna, a Te Hkiro te pp o Ahuiti, he mea kai n, he taniwh te taniwh nei he tmure, ko ia i hangia t ttou tpuna ko Te Tmure. Ka hangia ng mokopuna katoa a Rhiri ng mokopuna, ko Uewhati, ko Maikku, ko Ruakiwhiria, ko Te Tmure an, n ko nei ko ng ingoa me haki taua mea nei, e Nuki i te mea, e mea kai t ttou tpuna, pou katoa te kai, te wahap o Whangarei. Manaia ka titiro ki Ttamoe, ki te whi i oma te Kiore i te waka o Nukutawhiti, ka uruhia khai mau koinei a Ttamoe e k nei ki te Kiore i tnei w. Ttamoe ka titiro ki Phanga Tohora ko tr te whi i meingahia ki a Puhi, a te w, i tae ai koe ki te whi tka, ka kite koe i te

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Wai 1040, #4.1.2 maunga e taupoki ana ki te kapua, koia tn te whi tika, hei whakatau m te waka i h t peka ki Whakatane. N ko nei ko ng rrangi maunga o Te Whare Tapu o Ngpuhi hei tmatanga krero mku i te rangi nei. N kia ahatia, me tmata au te whakamutunga o ku krero i roto i t ttou hkoi i te ata nei, ka kwea koutou e hau, i roto i tnei kwe ka pnei te takoto. Ko ahau e mea ana i ttahi taima, i roto o Ng Puhi, ko ng mea Ptata ki a Hongi Hika ko n ko ng rangatira. Pono tnei krero. Ttahi atu o ng huatanga i roto o Ng Puhi, mehemea i haina t tpuna i Te Tiriti-o-Waitangi he rangatira koe. Ko te Ikk atu ko Te Paiatu, mehemea ko te whrangi tuatahi, tuarua, tuatoru rnei he tino rangatira koe. N, mehemea i haina t tpuna i Te Whakaputanga, ko r ko ng Ariki, ma koutou an e whakaaro kei kona e rapa ana te ingoa o Ptatau Te Wherowhero, kei kona Te Hpuku a wai atu, a wai atu. Koia au e mea atu nei i ttahi taima ng mea ptata ki a Hongi Hika ko n ng Ariki, ng rangatira o Ngpuhi i roto i taku krero i te ra nei, ka whakathia, e ahau, te arikitanga o Ngpuhi, mku hei hora. N, ka heke iho ki a Hongi Hika ma, ki a Te Htete, ki tana matua, ki a Te Wairua, ki tana tpuna, aianei mku e hora. N reira, ttahi atu o ng mea, e hiahia ana i te krero e mea atu nei au ka tmata au te whakamutunga o ku krero. E mhio ana koutou, i pou katoa o ttou whenua mua atu i te haingatanga o Te Tiriti-o-Waitangi, tata pou katoa i Muriwhenua, i Whangaroa, i pou ai wa ttou whenua, n te mea, e ktia nei, the old land claims. Trans Before I commence my evidence, just a point of clarification. In the time that has been given to me I will speak of mana atua and mana tpuna and mana whenua. I will talk of the waka Takitimu, Mataatua because there were many waka, there wasnt just a few waka. But let me commence thus, to the government, to the elder, Keita, at the time when I moved to Auckland I was taken to the East Coast, when we went to the marae of Hiruharama, this would be over 30 years ago. And then you walked on those marae and you said to me and my friend and I said to my friend: That woman is of Ngarimu family. She is of a chiefly status. Now today some of my evidence will pertain to the East Coast, greetings to you, Kihi, today I will speak of your ancestor Ranginui. 40 To you, Ranginui, greetings, our waka Mataatua is at Tkau, prior to that I was a student in your classes, but today the pupil stands before his teacher. Another point of clarification, when Jo Malcolm passed away, over 20 years ago, I sat on Te Taumata and from that time the whnau ask me to be a spokesperson for the whnau and so I stand here in this tent in the

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Wai 1040, #4.1.2 presence of the Governor and Ngpuhi-nui-tonu. It was the whnau who decided this over 20 years ago. There were three losses and so I sat on Te Taumata to assist the whnau. I did not realise the depth of it until today, for the whnau are here, they knew. 5 Another point of clarification, this is Hinemaru, the father of Hinemaru is Tongara. Tongaras father is Hua from Taratara mountain. Torongare is our ancestor, his hap is Ngi Tamatea that is the ancient name of Ngti Kahu. And so all Ngpuhi you are all Ngi Tamatea because when Hua came here to Waitangi he married our ancestor Maikuku and Ngpuhi was the progeny of that, so we are all Ngi Tamatea and Ngti Kahu because I will speak often of these names in my delivery. Let me commence my evidence now, it is thus: Ngpuhi from Tmaki to Te Rerenga o ng Wairewa, greetings. Ranginui is the roof, Papa-t-nuku is the floor, the mountains are the pillars. Greetings to Te Ramaroa, greetings to you, sir, who hold that name. From Te Ramaroa who gaze upon Whiria to Paeakoteriri to the kawa of Rhiri. Whiria gaze upon Pangaruppta that stands against the west wind. Below is the fire of Nukutwhiti when they go at night they would light that fire, from Pangaruppta gaze upon Maungataniwha. To the place of Kohukohu where Kupe cursed his people because the hangi was not cooked and the insects and birds were left on Maungataniwha, gazing upon Tokerau to the place where Nopera fought. To Hone Heke and the others and to Pororua, Wharekaure, their battle for the vessels and the trade within, but all the provisions and the land belong to Ngti Kahu. Tokerau gaze upon Rakaumangamanga to the place that was taken by Ngareraumati in recompense for Te Auparo the ancestor. Rkaumangamanga gaze upon Manaia to the place where Te Hkiro the father of huiti was eaten by the taniwha was a snapper, thats why he was named Te Tmure. And the grandchildren of Rhiri, Uewhatu, Maikuku, Rukiwhiria, Te Tmure (again), these are the names that pertain to this thing. Nuki, because our ancestor was consumed at the wharf of Whangrei. 35 Manaia looking at Ttmoe, to the place of Matekiore and the waka Nukutawhiti and that is why Ttmoe says to Matekiore, Ttmoe gaze upon Puhangatohora, that is the place where Puhi said: When you go to the right place, Puhi, you will see the mountain cloaked in mist, that is the correct place for the waka. It was wrong for you to go to Whakatne. Now these are the mountains of the house of Ngpuhi to commence my evidence, let me commence at the end. In our traverse this morning I will take you on a journey and in our journey I say there was a time in Ngpuhi when those close to Hongi Hika were the chiefs, this is the truth. And another aspect of the time if your ancestor signed the Treaty you

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Wai 1040, #4.1.2 are a chief, and you go higher if your ancestors signature was on the page 1 or 2 or 3 then you are elevated in status. If your tpuna signed He Whakaputanga they are the true ariki. 5 Now it is for you to consider and the name Ptatau, there is Ptatau Te Wherowhero, Te Hpuku and others and that is why I say there was a time those close to Hongi Hika they were the real chiefs of Ngpuhi. Today, I will construct the ariki status within Ngpuhi, and descending to Hongi Hika and the others, to Htete, his father Ttewairua, his ancestor but I will lay this down. Another thing I want to speak of, I will commence at the end. You know all of our lands were taken before the signing of the Treaty of Waitangi at Muriwhenua, at Whangaroa, our lands were taken... PL 15 ... the old land claims, the old land claims, surplus lands, ko nei ko ng huarahi. Tae mai ki Te Tiriti-o-Waitangi, kua tata pou k o ttou whenua. Te Kooti Whenua Mori i te tau ono tekau ma rima, te kaitiaki mori, n, tae mai ki tnei w, ka haere taku tamaiti a Mataroria ki te mahi mea te hohipera o Kaitaia, e noho ana ia Mangonui, taku tamaiti. E phurehurea nei ana Maunga whakah, ng puke krero, ng urupa, me ng ana me ng papa kinga o ana tpuna. N, mea m, a Taipa m, tpuna tn n taku tamaiti, t Taipa ko Pororua Wharekauri, t Pororua ko There. E phurehure ana a ttou, e koutou e Nuki, phure kua riro k wa ttou whenua, o koutou tka. Kua riro k i te papa atawhai, ng ruri thae, e krero nei au old land claims, surplus lands, kua riro k o koutou phurehure an koe i r whi pr i a Oruru. N ko nei ko wetahi o ng huatanga, ka krero ahau i te rangi nei, i aianei me tmata au, ki te whanga ki te mana atua, muri atu tra, ko te mana tpuna, me te mana whenua. Ko te tauira tr, o t ttou matua a Mori Marsdon, nna tr tauira. 30 N, i pnei te krero o Uncle Mori, n Io ko Te Kore, n Te Kore ko Te Kwhao, n Te Kwhao ko Te Anu,n Te Anu ko Te P, n Te P ko Te Mauri n Te Mauri ko Te P n Te P ko Te Weu, n Te Weu ko Te More n Te More ko Te Aka, n Te Aka ko Te Rea, n Te Rea ko Te Rapunga n Te Rapunga ko Te Whainga, n Te Whainga ko Te Ppuke, n Te Pupuke ko Te Kukune, n Te Kukune ko Te Hihiri, n Te Hihiri ko Te Mahara. N Te Mahara ko Te Hinengaro, n Te Hinengaro ko Te Whakaaro, n Te Whakaaro ko Te Whe, n Te Whe ko Te Wnanga. N Te Wnanga ko Te Hauora, n Te Hauora ko Te tmai, n Te tmai ko Te hua, n Te hua ko Te W, n Te W ko Te Atea, n Te Atea ko Ranginui e t nei ko Papa-t--nuku e takoto nei. N kua tae mai ttou ki a Papa-t--nuku, n Uncle Mori tr tauira ehara nku nei krero. N, kia ahatia ko te mana atua e p ana ki te moana o Whangaroa, heoi an ki au e pnei ana. Ko te atua nei, ko Twhaki, me pnei taku krero. E rua ng whare wnanga o Io Matua Kore, ko Titore Mahuta ttahi ko

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Wai 1040, #4.1.2 Rrau Atea ttahi, e rua noa iho ng tangata kua tae ki reira, ko Kupe ko Twhaki, tr whare wnanga kei roto kei Te niwaniwa e t ana. Katoa ng karakia o te mori n Twhaki i tiki, ko te tohi tuatahi o te tangata ko Twhaki, nna an ia i tohi. Ko te tohi m te ppi kotiro, n Twhaki i tana pikinga ki te rangi, me pnei taku krero. Ka piki Twhaki i te rangi tuatahi, i te rangi tuarua, i te rangi tuatoru, i te rangi tuawh, i te rangi tuarima, i te rangi tuaono te pikinga o t tpuna a Twhaki ki te rangi. I pnei te krero wnanga, ka haere a Twhaki ki te mahimahi i tana wahine i waho i tana whare, ka mea Te manu-nui-te-ra, e Twhaki, kaua koe e mahimahi t wahine i waho i t whare, khore i Twhaki i whakarongo. Kua haere an Twhaki ki waho i te mahimahi i tana wahine, ka parohea Te Manu-nui-te-ra, katahi ka pko iho tangohia ake te wahine, ko te wahine te ingoa ko Tangotango. Ko te ngaronga atu te ra o te wahine o Twhaki, ka haere Twhaki ki te rapu i tana wahine, ka uruhia Twhaki ng tapuwai kia tae atu ki te moana o Whangaroa. N, ko te taenga atu ka ngaro ng tapuwai o te wahine, n katahi a Twhaki ka kake ma runga i te moana te ingoa o tr moana ki ahau ko Te moana tpokopoko o Twhaki. Ka whakawhiti Twhaki ki tana whi, kei reira nei te whi e rongonui e kitea nei ng tepere o Twhaki. Ka tti te piki o Twhaki ki te rangi ma runga i te niwaniwa te taenga atu ko whnau k tana wahine ka puta te ppi. N, katahi a Twhaki ka tohi tana ppi kotiro, hei aha ahau krero i te tohi waiho tr ki te taha. N ko ia tnei ko te mana atua, i aianei ka krero ahau m te mana tpuna, n te mea ko Twhaki an, n ka tti au te krero i aianei m Takitimu tr pea toi ttahi taima m te waka nei m Mataatua. Ko Mataatua hoki te waka hou o ng waka nei, ko Te Whaingaroa o te waka o Mataatua. nei ingoa kei te mhio katoa ng mtua ki nei, khore kau nei ingoa i te ingoa hou ki ng mtua. Te waka o Takitimu, ma koutou e whakarongo, n te mea, kei roto kei te heke, te heke nei, t Twhaki ko Whiaroa, t Whiaroa, ko Rata, t Rata ko Twhakararo, t Twhakararo ko Whakatau-Potiki, ko ia te kpene o te waka o Mhuhu-ki-te-rangi. T Whakatau, ko Rongomai, ko Mhuhu-ki-te-rangi tonu e noho nei ng uri t atu nei. T Rongomai, ko Phurihanga, i aianei kua tini te waka ki a Kurahaup, ka moe a Phurihanga, ki a Maieke, ka puta ki waho ko te kuia nei ko Muriwhenua. Ka moe a Muriwhenua, i a Rongokako, n te Tairwhiti, kia puta ki waho ko Tamatea, n i aianei kua tini te waka ki a Takitimu. T Tamatea, ka moe tana Tmatea, i ana wahine ko Te noono i waho ko Te Moana-i-Kauhia me Iwi-Pp. Ka puta ki waho e Kihi t tpuna, a Ranginui, ko Ranginui ttahi ko Kahungunu ttahi me Whine. N, t Kahungunu, ko Kahukuranui, t Kahukuranui, ko Kahukura-ariki, t Kahukura-Ariki, ko Kahutia-nui, ka moea Prata, ka puta ki waho ko Mmngi, ko Tkanikani, ko Te Hputea, ka moe te teina o Hine-amaru i a Rongo Pttonga. Ka puta ki waho ko Mokokohi, t Mokokohi ko Te Rangi Htanga, tana ko Toko Haupapa, tana ko Te Puta, tana ko Te

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Wai 1040, #4.1.2 Taha Pango t tpuna e Nuki. T Te Taha Pango, ka puta ko te mm a Hongi ko Thikura rua ko Te Koki. Me tmata au i a Te Koki, ka moea Te Koki i a Mutunga, ka puta ki waho ko ng wahine a Hongi, ko Turiktuku, rua ko Tangiwhare, ka moe an Te Koki, i a nehe ka puta ki waho ko ruroa, ka moe a ruroa, i roto o Waikato ko ng whakariterite nei a Hongi, ka moe a Rangipuhi, n Ngti Te Ata ka puta ki waho ko Reta Kino, ka moe Reta Kino, i a Thomas Flavell. T ruroa ko Erana, t Erana ka moe Erana i a Snowden. N ka hoki au ki a Tuhikura, ka moe a Tuhikura i a Te Htete ka puta ki waho ko Hongi Hika rua ko Hauwe, n i aianei kua krero ahau m Te Arikitanga o Ngpuhi, engari mua atu o tr me krero au m t koutou tpuna t ttou tpuna Te Htete. Te wahine tuatahi o Te Htete, ko Waitohirangi, ka puta ki waho ko Kingaroa, ko Moka, me ng tuahine ko Waitapu, rua ko Koi, ttahi atu o ng ingoa koi ko Teke Tanumia, te ingoa n Hongi i hua ki runga i tana p. Ka moe an a Hongi, he moe rangatira ki a Tuhikura, kua rongo k koutou, ka moe an a Te Htete i a Kaka ka puta ko Takup, t Takup ko Erana, ka moe Erana i a Whongi aku whnaunga. N reira, me pnei te krero, khore ng Whongi i puta i a Hongi Hika engari i puta rtou i a Te Htete. Tn koe e te whaea Pane, n te mea, ko koe tonu ttahi o nei o ng Kwai. N, n reira hei whai ake mku i te mea, me krero au m Te Arikitanga o Ng Puhi, hei t Mori Marsdon. Kei te mhio ng kaumtua ki t ttou matua ki a Mori, e rua ng tohunga nui i roto o Ngpuhi i roto nei whakatupuranga ko Thimi Henare, ko Himi Tau, ko ia ko te matua nei ko Mori Marsdon. N, me krero pono ahau e te whaea Keita, kua hoki mai ana au ki a koe me a Rau ki a koe inaianei nei, katahi ka whakatria e Uncle Mori m, te pou whenua i Maunganui Bluff. Koia tr, te whi tapu rawa ki a Ngti Whtua engari he krero an tr. Ko te pou whenua ko Pinea, ko Pinea te tpuna t tua tpuna e Tame a Pinea i Tanuorahia. N, i tr w, e te whaea Keita he rua mua he mea tohi n Uncle Mori ko ahau me ttahi tamaiti n Ngti Porou, tekau ma rua noa iho ng tau, i taua w, te ingoa o te tamaiti nei ko Te Raumawhetu, ko te tkanga o tr ingoa i te w i whakaeke ai a Ngpuhi i runga i te whetu matarau, kotahi rau ma whtu anak ng mrehu o Ngti Porou i toe i te whetu matarau, tn te tkanga o te ingoa o tr tamaiti, Te Raumawhetu, kotahi rau ma whitu anak ng mrehu i toe i te w i whakaeke ai a Ngpuhi i Te Whetumatarau i Te Araroa. N i aianei me krero ake au, e Nuki e koutou m, m t koutou tpuna m Te Wairua. N, ko ahau e mea ana ko Te Mana o Rhiri heke iho ki t koutou tpuna ki a Te Wairua, ka moe Rhiri i a Whakaruru, ka puta ko Kaharau, ka moe Kaharau, i a Hautaringa, ka puta ki waho ko Taurapoho, ka moea Ruakiwhiria, ka puta ko Mhia moea Hau, ko Nghue moea Te Tautahi, ka puta ko Te Wairua.

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Wai 1040, #4.1.2 Ka moe a Te Wairua i tana wahine tuatahi, ko Waikainga, a Waikainga he tuahine tr ki t tua tpuna e Pane, ki a Te Kiore ko Waikainga, ka moe Waikainga, i a Te Wairua. Ka kp a Waikainga, tahi ka tonohia Te Kiore r ana tuahine a Tutu ki te whina i tana teina, katahi ka puna ruatia e Te Wairua a Tutu. A Waikainga, ko te huarahi tr ki a Hongi Hika, aianei ka hoki mai au ki a Waikainga. Ko Tutu, ko te huarahi tr ki a Hone Heke nui m. N, ko te wahine tuatoru o Te Wairua ko Te Wharetoru ko te huarahi tr, ki a Patuone m, aianei mku hei whakaatu. 10 Ka moe an Te Wairua i tana wahine whakamutunga, ko Ngakirikiri, t Ngakirikiri, ko Te Perenga, t Te Perenga, ko Toko, t Toko ko Treha, me k Ngti Rehia. N n reira i mea a Uncle Mori ko ia tnei ko Te Whakaaturanga m Te Arikitanga o Ngpuhi ko te tpuna nei ki a Te Wairua n te mea kapi katoa. Ka moea me inaianei me rrangi iho, ka moe a Te Wairua i a Waikainga, ka puta ki waho ko Auha, ka moe Auha i a Peehirangi n Ngi Tawake, ka puta ki waho ko Paengatae, me Te Htete me Haumia. Kua rongo koutou Te Htete, ko Hongi Hika rua ko Hauwe, ko Haumia i whoatu Whangaroa me Mangamuka ki a Haumia, me te ingoa m te hap ko Te Thawai, n te mea, te matenga o Te Htete ka mea Te Htete mauri au te taha o Mapere kia puhipuhi au ng hau o Mapere. Koia ai meingahia Te Tahawai. Ka hoki au ki a Te Wairua, ka moe a Te Wairua i a Tutu, ka puta ki waho ko Te Waiohua, ka puta ki waho ko Te Kna, ta Te Kona ko Hone Hekenui. Ka moe an Te Wairua i a Te Wharetoru ka puta ko Kuta, t Kuta ko Tua, t Tua ko Te Kaweha, t Te Kawehau ka moe ia Tapua n Te Pewhairangi ka puta ko Patuone me Tari tana tuahine te tpuna o ng iwi o Te Rwhiti, me Waka Nene e tangi nei Kororreka kore he uri o Waka Nene. N kua rongo koutou ki te heke ki a Treha ki a Ngti Rehia, n ko ia tnei ko te tauira ppai hei t Uncle Mori hei whakaatu i Te Arikitanga o Ngpuhi. Me krero ahau, ttahi wnanga krero hei tpiri atu i nei ttai, n te mea, ka krero ahau m ng karakia, phea kau an e whakapapa me ng wnanga krero. Ka hoki a Hongi Hika ki Whangaroa motuhake, n ka tae mai a Muriwai, ki a Tuhikura, ko Muriwai, te ariki o Hokianga, te tono a Muriwai meia pai a Tuhikura ki te hoatu i te tranga o Hongi ki a ia, mea mai au Te Arikitanga o Ngpuhi. Katahi a Tuhikura, ka titiro ake i tana ptu ka korikori ng koiwi, ka mea a Tuhikura e whakaae ana ng koiwi, ka whakaaengia te tono a Muriwai. Ka rongo a Hongi ka rikarika a Hongi ki tana whaea, ka haere mai a Hongi e mea, he aha k te tkanga o t mahi, n wai k i mea e, ka rongo a Muriwai n ka hua kawa a Muriwai ka pnei tana krero. E hongi, kaua rawa koe e phehe ki te takahi mai ki roto o Hokianga, ki roto ki ku rohe. I hua pera an te krero a Kawiti ki a Hongi i ttahi taima i tana meatanga e Hongi n haere mai koe i roto Orauta ka mate koe ki Orauta.

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Wai 1040, #4.1.2 I te w i a Ngti Pou i runga o Taratara, ka oma rtou, ka heke iho, ka oma rtou ma o Tangaroa, t rtou oma ki o rtou whnaunga i Hokianga. Tr pea i mhio an rtou ki te krero a Muriwai kaua rawa hongi him. Katahi ka aruhia e Hongi m, me ana hap katoa, kua oti e rongorongo ana au ng hap i te awatea nei, ng hap o Te Mhurehure, ko Ngi Tpango, ko Ngti Kauau, ko Ngti Rehia, ka nui te tini o ng hap, ko aua hap rn. Ka haere atu a Hongi m, ka whara Hongi i Mangamuka te whi nei ko Hunahuna. N, e rua, e toru ng ingoa o ng tangata i meingia n rtou a Hongi e pupuhi, engari ko te ingoa nui, kei te mhio koutou ko Maratea n Ngti Pou an. E whakapono ana au, ko Maratea, ahakoa kotahi tau k katahi an Hongi ka mate i Te Wharawa, te mea i mea e au ko Maratea n te mea, n Parore i pupuhi a Maratea, hei utu m tana hunga, n te mea, ka moe a Peehirangi i a Auha ka puta ko Te Htete, ka puta ko Hongi. Ka moe an Peehirangi i a Te Awh, ka puta ko Parore, n, ko ia ka aruhia a Parore i waho o Waipoua, ka titiro ia i te pa ka kite ia i a Maratea, ka pupuhi ia i a Maratea, hei utu m Hongi Hika ka aruhia mai a Parore i Waipoua motuhake noho mai ana ki Takiwira. N, ko tnei ko te rapopototanga m te whanga ki te mana tpuna, i aianei me krero au m te mana whenua. Ko tnei taku whanga whakamutunga o ng mea i mea ai a Uncle Mori te mana atua, te mana tpuna me te mana whenua. Ko te tohu o te mana whenua an ki ahau, ko Te Tohora, ko Te Tohora te tohu, he aha te take, n te mea, i te w an, i a Nukutawhiti rua ko Ruanui te taenga mai ki Hokianga Whakapou Karakia, katahi ka wehehia a whingia te whenua e rua, noho mai ana a Ruanui i te taha ki Te Raki noho mai ana a Nukutawhiti i twhi o te moana o Hokianga. T rua mahi tuatahi e hanga i o rua whare wnanga, ko Pouahi ttahi, ko Te Whatupukapuka ttahi, ka p mai ki uta Te Tohora ko ttahi o rua e karakia ana ki a mai Te Tohora ki uta hei hkari hei whakanui tana whare wnanga, ko ttahi e karakia ana kia tere puta Te Tohora ki waho, koia i hungia a Hokianga Whakapou Karakia, ko Te Tohora tuatahi tr, ko ttahi atu o ng Tohora, hei whakaatu i te mana whenua ko Te Tohora e takoto ana i Hokianga. Ka pai mai ki uta Te Tohora mate atu. Ka whakathia e Ng Puhi, me Te Rarawa na tohu ki runga ki Te Tohora ng pou whenua, ng aha an, hei mka i taua Tohora nei, mea ra ake, ka tae mai wairainei he ra waho tahi ka thorehia ttahi whi o Te Tohora. Ka tae Te Krere ki a Hongi Hika m, ka tae Te Krere ka mea he mhio ana koe t Tohora e mea ra koe e t ttou Tohora, e kua oti k te thore ttahi whi e wai ranei. Ka mea Hongi m, meinga, meinga ka mea e he pono, ka mea a Hongi m he mea ana koe kua oti k te tkaro me te thaea, , e taku Tohora. Ka haere atu ng rangatira me ng hap katoa ki te titiro i t rtou Tohora, te taenga atu ka mea, e mrika e pono, kua oti k te wwhi t ttou, ko wai nei nanakia kore rtou i kite i ng pou whenua me ng mea. Te hua nei khore.

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Wai 1040, #4.1.2 Ka nui te whakahh o tnei mahi, ka haere atu rtou ki te rapu i ng nanakia, ka tae rtou ki te p o More, katahi ka meinga ka mutu i t rtou haeretanga atu mangu katoa, Te One i t rtou kaha tini. Tahi ka meinga atu ki a More, he pono tnei krero, i haere atu koutou ki te mahi kino i t mtou Tohora, ka mea e. He aha k te take ki te mahi i t mtou, katahi ka mea Heoi an n mtou i poro mai ttahi whi hei whngai t mtou iwi, kia kai ai te iwi. 10 N, katahi ka rrangihia i reira, e wh tekau pea, ng toa, rrangihia, ka mutu, kei reira ttahi whi, ko Tai Karawa te ingoa, n katahi ka patuhia ng toa nei. Te mahi o ng toa nei hei aha te kupu m te Mori kneeling down? Turupoua wareware au, me i konei te taurawhiri i te reo ko ptetau ki a rtou. Hh, hh, kia ahatia, n katahi ka patua ng tangata nei, ko tr ko te wehenga, te wehenga mai o More m, i Hokianga, he mea Te Aupori. Koia tnei ko te mana whenua, ko au i mea atu nei ko te tohu ko Te Tohora. Ka hoki a Hongi ki Whanagaroa, ka pai mai ki uta te Tohora, ka pnei te krero o Hongi, tr Tohora nku. Kaua e tangata e p ki tr Tohora, hei tohu ki ng tangata katoa, i tnei mea Te Arikitanga N mhara ana ahau kua tata pou katoa ku krero i konei, me hoki ana au ki te whi tmata au inainei, ki te whakamutunga me hoki i taku tmatanga, mea atu au ka pnei, ka hoki au ka krero pnei ahau hoki au ki taku krero a mea ra, i ttahi taima ko ng mea ptata ki a Hongi Hika, ko r ko ng rangatira o Ngpuhi. Kua oti au te whakahua mai i ng heke o Te Wairua, ehara anake ko Hongi Hika me te mea nei, ehara au, e kore kau k au e whakat ana i a Hongi Hika, kore, khore. Kore au e krero ana m te haeretanga ki runga, ng haere, ng aha, kore, koinei krero ana ahau, ki ng whakahekeheke, me te take tpuna, ng heke o Hongi Hika N koia au e mea atu nei, , hoki au ki taku tamaiti ki a Mataroria, ko tahi tama kua haere i te mahi te hohipera o Kaitaia noho mai nei i Mangonui. E phurehure ana i ana whenua, me ana tapu, me ng puke, me ng maunga krero, ng urupa i Oruru r whi. Ar, koutou kua riro k i te papa atawhai, engari kua riro k i mua atu o te hainatanga o Te Tiriti, old land claims, kua riro k. N reira, me krero ake ahau, iti nei m t ttou ptake, kei mea koutou, pai hoki te krero o te tamaiti engari, kau wareware ake i te kaupapa, mahue ake te kaupapa. E te karanga rua e Junior, heoi an m Te Whakaputanga me Te Tiriti-o-Waitangi ka pnei taku krero. Ki ahau e kotahi an te whakaaro o Ng Puhi, ka nui t ttou kotahi i runga i tnei kaupapa, n, me hoki au, me krero iti nei ahau m taku tpuna m Kawiti, khore Kawiti i whakaae khore, khore rawa. Rima tau muri mai o Te Tiriti, e pakanga mai ana i Ruapekapeka.

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Wai 1040, #4.1.2 Pnei te krero, n wai ra, n wai ra, te ranga o te taua. N te nehurere, n te nehurere ana ka t t ina tira, e Kawiti ka t t inatira, Te Hara ka t t inatira, Hori Kingi ka t t inatira ana ka hmama te waha o Te Kwana t teke ra te teke ra, ana i a koe koa e whakakaitoa mai nei taku mate tau rekareka t teke ra, te teke ra. Ko te kanga tr o Ruapekapeka. Khore a Kawiti i whakae, khore Maihi i whakae, khore Te Riri, khore Te Tahawai, khore taku matua Te Raumoa tae mai ki ahau te irmutu, he wtakirihi noa iho n raro nei, kore au whakae. Heoi an hei rpopoto ake. Ka mutu e rongo ana au i te ata t nei, khore e pono e tanga t Whangaroa i haina i Te Tiriti, e rongo ana au i te atat nei aua hoki. N, n reira mhara ana au kua tata oti katoa, ku mea i konei, te mea whakamutunga nku i mau mai ng pukapuka wnanga o Ngpuhi 15 Trans By the time we got to the Treaty of Waitangi most of the lands had been taken, the Mori Land Court at 1865, the Mori trustee and unto this day, Mataroria went to work at Kaitaia Hospital, was staying at Mangonui, my child. And he was within his mountains and his talking mountains, he knew all these places and the resting places of his ancestors. And Taipa is an ancestor, Pororua Taipa had Pororua who begat There. You, Nuki, we, all our lands have been taken, youre right you have been taken by DOC and the illegal surveying that I refer to, you have very little such as places like ruru, now these are some of the things that I will speak of today. Today let me commence from Mana Atua followed by Mana Tpuna and then Mana Whenua that is the example given by Mori Marsden that is his template. Now uncle Mori used to say: Tis was Io, was the void and Te Kowhao begat Te Anu who begat the night, who begat Te Mauri who begat Te P, who begat Te Wao, who begat Te More, who begat Te Aka, who begat Te Rea, who begat Te Rapunga, who begat Te Whaienga, who begat Te Ppuke, who begat Te Kkune, who begat Te Hehiri, who begat Te Mhara, who begat Te Hinengaro, who begat Thought and Thought begat Whe that begat Te Wnanga that begat Te Hauora that begat Te tmai that begat Te hua that begat Te W that begat Te tea that begat Ranginui above and Papa below, now we come here to Papa-t--nuku that is uncle Moris template, not mine. Mana Atua pertaining to Whangaroa Harbour goes thus: The atua Twhaki let me say there are two whare wnanga of Io Matua Kore, Ttore-mhu-ta was one and Rarautea was another, only two people who have arrived there, Kupe and Twhaki, that whare wnanga is in Te niwaniwa. All of the karakia of the Mori, it was Twhaki who fetched and the first rites for man was given to Twhaki and the baptism rites for the child it was Twhaki when he ascended the heavens.

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Wai 1040, #4.1.2 Twhaki ascended the first heavens, the second heavens, the third heavens, the fourth heavens, the fifth heavens, the sixth heaven, the ascending of your ancestor Twhaki to the heavens. 5 I speak of these wnanga as thus, Twhaki went to copulate with his wife outside his house: Twhaki dont you couple with your wife outside the house. Twhaki did not heed the words and Twhaki went outside the house. And then the sun shone upon the woman and her name was Tangotango and that was the loss of Twhakis wife, she left him. Twhaki searched, he searched all the paths unto the seas of Whangaroa. On his arrival there he lost her tracks and then so Twhaki went by sea, the name of that sea was the moana Tpokopoko o Twhaki, and Twhaki crossed over the sea to Ngatepe o Twhaki. And then Twhaki started to ascend the heavens by a rainbow, on his arrival his wife had given child and the baby was born, and then Twhaki baptised his child, but Ill leave that to the side. Now I will speak of the mana of the ancestors because it is Twhaki also, I commence with the evidence on Takitimu and if theres any time Ill speak on Mataatua, Mataatua was the latest of all the waka, Te Whaingaroa te waka o Mataatua is the name, all the names are not new names to the elders. Now the waka Takitimu, if you listen you will see that Twhakis arrival was at Wahiroa had Wahiroa, Wahiroa begat Rata, Rata had Twhakararo, Twhakararo had Whakataupotiki, is the captain of Mhuhukiterangi. Whakatau begat Rongomai and also captain of Mhuhukiterangi and their descendants are just down further a bit. Rongomai begat Phurihanga and now the waka was Kurahaup, Phurihanga married Maieke and begat Muriwhenua who married Rongokako of the East Coast and they begat Tamatea and the waka had changed now to Takitimu. Tamatea married his wives, Te Ononuiwaho, Moana--kauhia and Iwipupu and your ancestor Kihi was begat. Ranginui was one, Kahungunu was another and Whaine was another. Kahungunu begat Kahukuranui who begat Kahukuraariki who begat Kahutuanui who married Prata, they begat Mmangi, Tkanikani, Te Hputea who married the younger sibling of Hinemaru, Rongoptutaonga and they begat Mokokohi who begat Te Rangihtanga who begat Tokohaupapa who begat Te Puta who begat Te Tahapango, your ancestor Nuki, Tahapango begat the mother of Hongi, Tuhikura and Te Koki. Let me commence from Te Koki, who married Mutunga and begat the wives of Hongi, Turiktuku and Tangiwhare. Te Koki married Nehe and begat Ururoa, who married in Waikato, and these were the peace alliances by Hongi: Rangipuhi of Ngti Te Ata and begat Retakino who married Thomas Flavell and Ururoa had Erana who married Snowdon.

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Wai 1040, #4.1.2 Now turning to Tuhikura: Tuhikura married Te Htete and begat Hongi Hika and Houwawe let me speak of the chiefly lines of ariki, but before that let me speak of our ancestor, Te Htete. 5 The first wife of Te Htete was Waitohirangi, they begat Kaingaroa, Moka and the sisters Waitapu and Ke, another name for Ke was Teketanumea because it was the name that Hongi gave to his musket, and you have heard of the marriage to Tuhikura. Te Htete married Kaka again and they begat Takup who begat Erana, Erana married Wihongi my kin, and let me say, Wihongi did not begat from Hongi Hika, but from Te Htete. Greetings to my aunt, Pane because you come from one of these lines. So let me follow along for the ariki status of Ngpuhi according to Mori Marsden. Now the elders know Mori, there were two tohunga, great tohunga in Ngpuhi in these generations we speak of, T Hemi Henare (Sir James Henare) and Hemi Tau and heres Mori Marsden. Let me speak truthfully, Keita, now Im only turning to you, uncle Mori established a pouwhenua at Mangonui Bluff, that is the most tapu place of Ngti Whtua, that post was Pnea Pnea the ancestor, our ancestor Tame was buried alive. At that time, Keita, there were two of us who were given incantations, me and a 12 year old boy from the East Coast, the name of that child is Te Raumwhetu and the explanation for that word, when Ngpuhi attacked Te Whetumatarau there were only 170 survivors from that siege at Whetumatarau, its 170 survivors after Ngpuhi had taken Whetumatarau at Te Araroa. Now, Nuki, I want to speak of Te Wairua, I say that the mana of Rhiri descended unto your ancestor, Te Wairoa. Rhiri married Whakaruru and begat Kaharau, who married Hautringa and they begat Taurapoho who married Whiria and begat Mhia who married Hau, Ngahue married Tautahi and begat Te Wairua. Te Wairua married his first wife, Waikainga, Waikainga was the sister of our ancestor Pane of Te Kiore, so Waikainga married Te Wairua. And Waikainga came with child so Te Kiore sent his sister Tutu to assist her, and so Te Wairua took Tutu as a second wife. Waikainga was the path to Hongi Hika, but Ill return to Waikainga. Tutu is the path to Hone Heke and others. The third wife of Te Wairua was Te Wharetoru and that is the lineage to Patuone and the others, and I will expand on that. Te Wairua married his last wife, Ngakirikiri; Ngakirikiri had Te Perenga who begat Toko who begat Treha and that is Ngti Rehia. So Uncle Mori said this is the ariki lines of Ngpuhi through Te Wairua. Te Wairua married Waikainga and begat Auha who married Peehirangi of Ngi Te Wake, who begat Paengatai and Te Htete and Haumia. You have heard Te Htete mentioned, we have Hongi Hika and Houwawe.

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Wai 1040, #4.1.2 Haumia gave Whangaroa and Mangamuka to Haumia and the name of the hap, Tahawai because on the death of Te Htete he said: Take me to the Mpere so that I maybe blown about by the winds of Mpere. 5 Turning to Te Wairau who married Tutu and they begat Te Waiohua and Tekona who begat Hone Hekenui. Te Wairua married Te Wharetoru and the begat Kut who begat Tu who begat Te Kwehau, who begat Tpua of Te Pewhaerangi who begat Patuone, and Tre his sister, the ancestor of the people of the east and Waka Nene, there were no issue of Waka Nene. Now you have heard the descent to Treha, Ngti Rehia, now this is a good example to show the ariki lines of Ngpuhi. Let me speak about a wnanga to add to these genealogical ties, I speak of karakia and whakapapa and wnanga krero. Hongi Hika returned to Whangaroa permanently. Muriwai came to Tuhikura, Muriwai was the High Chief of Hokianga. Muriwais request whether Tuhikura was okay to give the title of Hongi to him that is the High Chief of Ngpuhi. And Tuhikura looked at the walls and the bones started to clatter, and Tuhikura said: Yes, the bones have agreed and so Muriwais request was acceded. And then Hongi heard and he was disturbed with his whaea and Hongi said to her: Whats going on here? How did this come about ? And Muriwai heard, and Muriwai became sour and he said: Hongi, lest you think to come and trample into my areas of Hokianga. And Kawiti also said that to Hongi: Hongi, when you come into place you will die there. In the time when Ngti Pou was on Taratara they fled via tangaroa and there they were fleeing to their kin at Hokianga. Perhaps they had heard the words of Muriwai to Hongi, not to come to the Hokianga. And so Hongi and his hap I heard the hap mentioned this morning, the hap of Hongi, Te Mhurehure, Ngti Tpango, Ngti Kawau, Ngti Rehia, many hap those hap, and Hongi wasa injured Mangamuka at a place called Hunahuna. There are two or three names given of the people who shot Hongi, but the main name is Maratea of Ngti Pou. I believe it was Maratea, although Hongi didnt die until a year later. Why I say it was Maratea because it was Parore shot Maratea as recompense for his kin because Peehirangi married Auha and begat Te Htete who begat Hongi. Peehirangi married Te wha and begat Parore and that is why Parore was sought outside Waipoua, he saw the p, he saw Maratea and he shot him as revenge for Hongi and Parore was then taken and conveyed to Waipoua and stayed at the Dargaville region. Now we turn now to the mana over the land, this is the last part of the things that Uncle Mori gave. Mana whenua the symbol of mana whenua to me is the Tohora, the whale that is the sign, why? Because in the time of Nukutawhiti and Ruanui when they arrived at Hokianga, Whakapaukarakia they separated the lands. Ruanui was living in the north and Nukutawhiti was living on the Hokianga. Their first task was to erect their whare wnanga, Pouahi and Whatipukapuka and then a whale was beached and one of them was offering incantations that the whale

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Wai 1040, #4.1.2 come onto their side as food to celebrate the house. And the other one was offering incantations for the whale to go back out to sea, that was the first whale. 5 Another whale to show the mana whenua was the whale that was beached at Hokianga, the whale was beached and died. And Ngpuhi and Te Rarawa put their signs onto the whale, their signs of land occupation as a mark on that whale. Then next minute someone else came (an outsider) and cut apart of the whale. Now word reached Hongi and the others: Eh, do you know that whale that you had set aside, our whale? Yeah, Well, someones cut off a part of it. And Hongi said: Is that right? Okay, whos that? Yes, thats true. And Hongi said: Are you telling me that someones already cut it up my whale? Yes. And so the chiefs and their hap went to have a look at the whale, on their arrival they saw: Oh, thats right, its true. Someone has cut a part of our whale, who the hell are these? They could not see the pouwhenua and everything had gone. Ah, what a arrogant work this is, so they went to find out who these people were. They went to the Paomore and they went, when they went the land was black because of the myriads who went, they went to More: Is it true, More, that you went to take a bit out of our whale? Yes. Whyd you do that for? Oh, well we cut off a piece off for our people, so that the people could have a meal. 25 And over there are 40 warriors who were selected and lined up, theres a place there called Taekarawa and those warriors were killed, and these warriors whats the Mori word for kneeling down? If the Mori Language Commissioner was here I would ask them. And so these 40 warriors were executed and that was the parting of More from Hokianga, and this is the mana whenua that we speak of, thats why I state that the sign is the whale. Hongi returned to Whangaroa and the whale beached, that whale is mine. Let no mans hand touch my whale, as a sign to everyone of his mana as an ariki. I think that I have exhausted all my evidence, I return to the beginning at the end. When I said at the beginning Ill start at the end so I go back to the beginning to start at the end. There was a time when those who were close to Hongi Hika they were the chiefs of Ngpuhi. I have given the spiritual descent, not just Hongi Hika, I am not raising the status of Hongi Hika, no. I am not speaking of the war parties of Hongi down south, but I am talking about the descent lines and the tpuna, that is why I say, I return to my child Mataroria, sometimes she would go to work at Kaitaia Hospital and stay in Mangonui. And all the places of ruru and the occupation sites of that

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Wai 1040, #4.1.2 area, its all gone to DOC, the Department of Conservation, but this is old land claims well before the signing of the Treaty of Waitangi. Let me speak about our origins - but what a good talk, but hes forgotten about the issues, so Junior, Te Whakaputanga and Te Triti o Waitangi let me speak of. To me Ngpuhi were united, we are united on this matter, let me speak briefly for Kawiti my ancestor. Kawiti did not agree, he did not agree. Five years after the signing of the Treaty he was fighting at Rupekapeka. Who gathered the taua together? O Kawiti your foe will stand forth and your foe will stand forth, King George, your foe will and the mouth of the Crown will wail as you belittle me, that was the curse at Rupekapeka. Kawiti did not agree, Maihi did not agree, Te Riri did not agree, Te Twao did not agree, my elder Te Raumoa did not agree, unto me the nephew, I am just a watercress from below here, I do not agree, thats just an abbreviation. And I heard this morning no one of Whangaroa signed the Treaty, I heard this morning, I dont know. I think I have exhausted my elders. In closing, I have brought these wnanga history books of Ngpuhi. JC 20 PL JC PL Mr Afeaki - taihoa, Mr Lyndon - - N te mea - - Mr Lyndon - - Pnei te krero e Piripi, hei tana mea e kore tnei iwi o Ngpuhi e kotahi ki a mea, kia whakat rano ttahi marae ko Puhi Moana-Ariki te ingoa, hei tr w ki a matua whakatakotongia pukapuka wnanga ki runga i te papa, t atu o tr, me koropiko ng tangata, ki raro ki Te Wairua Tapu, n hei kupu whakamutunga ko tnei. Poto nei tnei, pnei te krero, n Hone Mohi Twhai tnei. He uri an n Te Wairua he rangatira, ko te whakapapa o Te Tiriti-o-Waitangi, Ko Aotearoa ka moe i Te Mana o Ingarangi, puta atu ki waho ko Kwana Hopihona, ka moe ng rangatira mori o Niu Tereni o Te Waipounamu ka puta ki waho ko Te Tiriti-o-Waitangi. Ka moe i a Parimata ka puta ki waho,ko ng ture o Niu Tereni, ka moe a Kaiwhakaw Tumuaki, puta ki waho ko Kairuri, ka moe Te Kooti Whenua Mori, puta ki waho ko Karauna Karati, ka moe i a Roia ka puta ko Moketi,ko Wira, ko Rihi. Ka moe a Whakapati ki te Waipiro ka puta ki waho ko Haina, ko Hoko, Ko Haurangi, ka moe a tinihanga puta atu ko Whenua Kore ka moe a Ngkau Pouri puta atu ki waho ko te mate noaiho. Ko Hone Mohi Twhai tr, tn koutou, tn koutou, tn ttou katoa. Kua pau te whi ki au. Trans 40 I will not be too long, Judge, Im just about finished. There is a marae called Puhi-ariki-moana closing in the book, tis the word of Hone Mohi Twhai, the whakapapa of the Treaty of Waitangi, Aotearoa married the mana of England, begat Governor Hobson and they begat the Treaty, Judge married the surveyor, the Mori Land Court begat land grant, mortgage begat will and lease, and grieving married alcohol, deception

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Wai 1040, #4.1.2 married dark heart, it was Hone Mohi Twhai who gave those words, thank you. JC 5 AT JC PT I see its time for morning tea, well break for morning tea and then well comeback after that. Tn koe. E Pita, he krero tu. Ko. Heoi an kotahi an te krero e te Judge, engari kei pou katoa te w i ng wt kirihi o Ngti Hine

Morning Adjournment 10

WEEK 2 DAY 4 SESSION 1 [10.35 AM] FINISHES WEEK 2 DAY 4 SESSION 2 STARTS
Hearing Resumes PT E te tpu, te taumata, The document we are referring to is #B19. Ko ia nei ng krero o Ruiha Collier, , kei a koe te whaea. This is the evidence of Louise Collier, let me hand over to her. Kia ora to the tpu, kia ora to the whnau katoa, Ngpuhi tuturu, My whakapapa my brief of evidence introduces myself with my whakapapa, which I think Pierre did a good job of, our tamaiti Pierre My intention was to show that we are Ngpuhi tturu, and for me growing up that was quite separate to just calling ones self Ngpuhi when you walked around. So I think that Pierre did an excellent job of that. He was well schooled by my mentors who are Uncle Mori, Uncle Jimmy, my father, Tipu Tarawa and others. So kia ora to you tamaiti, it was a last minute effort to get all this together but we did it, and I am proud of us, particularly my whnau who beared with us throughout this in the last couple of weeks, kia ora. So as it explains in my brief, we see ourselves as Ngpuhi tuturu because that is how we believed and grew up to believe that the whakaputanga was the strong influence in our lives. We never knew te Tiriti growing up, te Tiriti was a bad word to speak in our home, especially with our father; and our father met many people, and in particular one of the people who we housed quite often with our mother in her job was Hone Rangihau and he was very implicit with our dad - Ngpuhi has its own tanga and Tuhoe has its own tanga, and we are our own selves. So I grew up to understand that the word tanga meant your absolute, nothing can touch you, nothing can push you or pull you or do anything else about you. So that is how I always saw the word as Ngpuhi tanga, Tuhoe tanga. It was spoken frequently in our home and I worked solidly with uncle Johnny, uncle Hone as I grew to know him in my adult life and

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Wai 1040, #4.1.2 Puateao. Uncle Maari and I we surfed these roads frequently and there are some of our rangitahi in here, Hemi and others, who did that with us. In the 80s Muldoon had the foresight to put in place a group called the GELS - the Group Employment Liaison Scheme, and I was with the forefront of that with many others, my cousin here, Hana, and our whole focus was to see a new world for Mori emerge into the year 2020 and obviously that is not happening - Crown, government, whoever, that is not happening, and so we find ourselves still standing having to krero. Yes, I was very sad for our tamaiti who stood here earlier. I grew up in part of my life with his father, there is not too much difference in our ages, but he had more wisdom obviously - he stayed home and he learnt Te Reo and he obviously played his role as Tuturu Mori But then we all have different roles - my role was to go out and get educated, and yes I am looking at sir up there, and yes I did attempt in the extramural programme at Tikipunga High in the 70s/80s, and unfortunately other things got in the way. but never mind. I still feel that each and everyone of us has it within us to find what you are searching for and go for it, and in particular our women. So my brief really is addressing the needs of our whnau, our iwi katoa. So I mean I do not necessary see myself as just standing here to speak for Ngpuhi in isolation, my hoa is out of Kahungunu and Ngti Porou, so my mokopuna obviously are well, well entrenched in all sorts of different whakapapa and we have whangai as well. So that is into the family of the Mareikura and obviously we have learnt a lot from that side. So I dont stand here in Haka to speak for myself as Ngpuhi because Ive had the privilege to be with all of us. So I will go on to read my brief and get on with it. As I said, we live Mori, we are the sea, the earth, the trees, the manu, and all things which were and still are the foundation to our culture, Papatuanuku the nurturer of te tangata. I was born to my parents, Colin Malcolm (aka Awaka, Karana Kiwa) and Maryann Malcolm (nee Kaire) at Rangiahua in 1942. My pito is still there. I was named after my tpuna Ruiha Te Matakino Kaire nee Royal Pou who raised me while my mother was ill, and I had the name Pepi penikoti In late 1949 I visited my matua Mita Pomana in Whangaroa and for the next three years he taught me the importance of our hap Te Kauwau, Te Kauwau tuatua whenua, rohe me whakatauki and Te Kauwau karakia. My matua Mita gave me his best horse to travel with him throughout Whangaroa, in particular the Kauwau tuatua rohe. He spoke of our whakapapa to all the kaitiaki - how it was our role as the tamariki to always tiakitanga ng manu Ika me nghere all the things we see we belong to. Trans LC 45 Look after the birds, the fish and forest. They must be cared for and looked after, just as our mothers and karani awhi us. We learnt that we must never lose our toka, te whenua, te awa

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Wai 1040, #4.1.2 me te moana and that we must stand up to Kanohi ng Pkeh to return all rangatiratanga tuku iho, the kingdom from our tpuna inheritance. My matua Mita Pomana had fought in both World War I and II and often spoke of he Whakaputanga as the protection of Ng Rangatiratanga tuku iho. He sought an audience with Lord Freyberg to address the Crown representative concerning the loss of his tpuna whenua which were taken from the whnau and hap youth. I want to add a bit to this - he sought that audience with Freyberg because Freyberg was aware of his need in the First World War when our Mori tpuna of the time sought to fight for King George and his people, and then he saw him in the Second World War and made an acquaintance with him. Then his matua returned from the Second World War and found not long after his lands were disappearing - and how did they disappear? For land settlement for the returned serviceman. So, I needed to add that. Nga Kaitiaki, our guardians of Te Ao Turoa are the providers of our sustenance for our survival. I was told of these understandings of Te Ao Marama, Te Ao Turoa by my matua Karana Kiwa me Tupu Tarawaukera. Part of this was my childhood belief that we owned everywhere from Te Rerenga Wairua to Tamaki Makaurau For instance, as a child it never dawned on me that we did not own Ruapekapeka or the Ngpuhi Pouwhare tapu. Maunga Taniwha, Rakau Mangamanga, Manaia, Whatatiri, Tutemahoe, Te Rae o Rahiri. It never dawned on me that did not own Waitangi Te Rerenga Wairua. These places are integral to our whakapapa and are still spoken of as the fundamental support of our culture. When I talk about living in Whakaputanga I talk about my father, Colin Malcolm, aka Karana Kiwa. Ill explain the name Karana Kiwa. It is a tpuna name that he was given before he was born. He was born into a world of tohunga, the name Karana Kiwa, if you go and look at some of the old puka pukas you will see it named on certain whakapapa to the Uri a Te aho and that is where he comes from. My mother Mary Malcolm with her Mori Welfare Officer colleagues, matua Hemi Henare, Herapo Harawera, Hemi Pau, Hone Rangihau, whaea Whina Cooper and Delamere and Matetoia, along with our aunty Pheobe Tito, nanny Sue Te tai who are constant visitors to our home they were founding members of Mori Womens Welfare League who strongly condemned the Hunn Report. This report was possibly responsible for the worse legislation that fractured Ngpuhi culture. Aunties and uncles, nanny Moutini Papu, Tip Rakena, Paora Paora Waitai Tua, Mita Pomana, Te Ao Pomana, Hunia Taniwha, Tipu Tarawa and Poihakena Kira all of Whangaroa, Rau Tahere, John and Allen Tahere and Dave Tahere Jo and Albert Karanga and Violet Harris of Mangamuka. Hori and Huhana Reti Bob and Tia Rudolph, Henry and Nanny Tau, Nanny Putipuru, Nanny Rongohakaraea, Hamiora Maioha are Ngpuhi fisherman. Hemi Matenga of Whangaruru Tuparahuia, Te

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Wai 1040, #4.1.2 Rawhiti and Kororareka, Ruki Hauraki, Haki Harris matua Hone Ruka, Hori Niha, Mita Mokena, Hori Owen and Ngarono Mahanga of the Whangarei, Pataua and Mangakahia areas are some we remember who held a firm belief in He Whakaputanga me te Tiriti. 5 Our father got caught shooting pigeons and was charged with an offence in the early 1950s. The whnau I have just named above were those who sought to prove his innocence with an application to the Privy Council. I will just tell you a bit about this, because we were only young children but we saw things in our home that I hoped and wished that many of us today could have experienced. You would have seen how strong Ngpuhi were, and they came from the top of Te Rerenga Wairua to the south of Pounamu. The people came to ensure that my fathers case would be a success. It was there belief that no one could take away their kai to sustain the whnau hap under he Whakaputanga me te Tiriti their rights to the whenua Nga Here Awa me te Moana were inalienable. The scribes were matua Hemi Henare, Ruki Hauraki, and Herepo Harawira. In 1953 a law was created that prevented his case proceeding. When it became known that my father was proceeding with a case to the Privy Council they passed the Wildlife Protection Act in 1953, and my fathers case was not able to proceed. That was the legal understanding they gave them at the time. At Ohawini beach in Whangaruru in the late 1940s and 50s our matua would draw he Whakaputanga in the bank before going out to Aorangi Tawhiti Rahi te aha the poor knights. They did this to establish their right to Ika toka as part of the karakia It was also used to establish rights to Ng Tunaheke, Toka me Rhui by our father right up until his death in 1998. In 1990 he performed the same tkanga to secure the wahi tapu me te tppaku of his son Hohepa Tahere Malcolm in the whenua Matangi Reia. In the 1970s we sought to secure from the Crown the wahi tapu of tpuna Hone Tua in the Whangaroa Crown lands, but without success. Again he used his tkanga - he carved He Whakaputanga into the rakau as a right to maintain mana whenua. In those days I guess whoever was in charge, like DOC, they did not mind cutting trees down. Those rakau were cut down within a month. We kept going back to do it again. He whakaminenga, Whakaputanga rangatira signatures. It has always been the belief of our father, matua and tpuna that he whakaminenga began with our tpuna at the time that trade began between Mori. You cannot put a date to that because we have on our land taonga that shows quite correctly that our people traded with all the iwi, all the hapu, and with people of other islands. We have these taonga on our land, so you know I wonder when you ask can you give a date of early involvement of trade - we can to the Pkeh for us in that area, and what I would say here was what I was told, that trade between Pkeh

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Wai 1040, #4.1.2 possibly began with Cooks voyages. It gathered momentum in that time and escalated with the onslaught of the whalers, the sealers, the flax and timber merchants and the discovery of our mineral resources. 5 In the Whangaroa rohe our kainga at Te Kauri on te pa Matangi Reia there are ng Pou waka Herenga and Whrau. These were used by Nga Waka of several trading tribes who began the krero with Hongi Hika regarding the protection for Mori international trade at the whenua Waitangi in about 1821/22. The rangatira signatures to the her whakaputanga for our whakapapa are Whangaroa, a Hari Hongi me Ururoa, they never signed te Tiriti. The tpuna held Tino Rangatiratanga with He Whakaputanga. The tpuna who traded extensively out of Whangaroa and Maunganui were Pahi with horticulture, fish, minerals and flax. Hongi with timber, flax, minerals, potatoes, wheat and pigs and porirua was water, flax, minerals and timber. It was always said there were others but the whnau hap claims in the next round will talk of this information. This is the completion of my krero, but I ask that you bear with us while we put forward a Powerpoint. 20 I just want to go on and talk about that minerals while they are getting the PowerPoint together. The minerals in that land was identified by our tpuna quite some time back. You know, I want to show this PowerPoint because I want to show how Mori knew what they had in their awa and moana. ?? 25 Kia ora. The document number is #B19A, which is a narration of it and up on your screen there you will see Te Kauwau, koia nei rtou manu kaitiaki. Can we go to slide number one please, which is a map. LC 30 Slide one, map 1, it identifies the rohe of ng manu Kauwau the female, me Kauwau tuatua whenua, the male, as described in the whakatauki that is in the appendices with the brief. Within Te Rohe Pouti O Whangaroa or Raurawiti. In that slide the pink lines show the journey that the female takes and in that journey she goes out of a place called Kowhawhe which is part of this block of land called Whenua, called Matangireia, today it is commonly known as Matangirau. Matangirau is just a new name. Matangireia is an old name, as I guess you saw in that presentation of Pierres where it fits in the whakapapa. The blue lines show the hekenga of the male, like all males it disappears for a long time in its life, but it does return to the nest. It returns to the nest and it takes care of the eggs until the mother is well fed and then when the pepis are born it feeds those pepis. In the last 20 years we have observed this so that we can make a strategic plan to put to what they call, Land care, and hopefully get the

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Wai 1040, #4.1.2 funding to protect this manu. I can tell you, this manu had a bounty put on its head - this is no fact of imagination. This manu had a bounty put on its head and Geoff Parks, who is well known to many of us who look at these issues, gave us the evidence. Why did the Pkeh put the bounty on its head? I would like to ask someone that - the Crown one day. I will tell you what we believe. This manu identifies, and in particular the male, it identifies the minerals, the metals and every other element of trade in the lands, in the whenua, in the awa, in the moana. It is so important because when it travels it travels to develop the whakawhnaungatanga If you look at some of the maps that Nuki Aldridge presented, and I have one, and I think it is page 21, you will see a place called Papakauwau, and that is in Hokianga. I tell you there is a Papakauwau in every one of the haps of the awa - this bird was also the kaitiaki of Kupes daughter. 15 So I want to say that a lot more evidence will come in the hap krero and with the woman of those haps we will develop the krero for all of us. Kia ora. Map 2. Map 2 shows the extensive sites of significant pa of which many were originally established and occupied by Ng hap Ngti Kauwau in the time of Kupe. Through our tpuna tuku iho we the mokopuna standing here today are privileged to be speaking for whnau, hap or Ngpuhi tuturu ng tringa kaha. We heard yesterday from Emma Gibbs about her tpuna having this Kauwau as a pet, that is pono every hap has this Kauwau, the women in particular. We have constantly heard how women had the mana, the power of the whakapapa - kia ora, it is in this manu. But this is only one of the manu, there is the Kotuku, the peace bird - this is the war bird, that is why it was sought after. I have in my brief and in the appendix a karakia that uncle Maari Marsden wnangaed with me with Uncle Jimmy Henare in the 80s to show me how important we were in our existence, our women. Kia ora, whnau. So that is map 2, and in map 2 if you go to the slide I want you to have a good close look at that map - I dont want Hokianga to get wild, I just want you to understand we all share the tpuna. There is a p there and its called Ririwha the four walls after Kupe, they tried to take it, and not one of them succeeded because the Kauwau is still with us today, and that is the tika riri of the wahine. So I have heard that used a lot in war, but I tell you our women were cracker at it. There you will see also on that map Twhakis track or p or tepe. I wont try to say the name of the place, but that will come out in the hap evidence, it is very important to know what this is signifying, and it will be developed, and every whnau, hap will develop it. Then you go down along that map and you will see there is the track that Hongi Hika followed in his attack route on Ngti Pou, and it goes to a place called Pinia Now that place is so significant to He Whakaminenga

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Wai 1040, #4.1.2 He Whakaputanga but more its so significant when Hongi returned from England. When Hongi returned from England he called a hui there and all the chiefs attended. As you heard from some of our pou krero, Kawiti was there. e, he was on our land as well. The whole purpose of that was to establish what we considered was our right to have our trade protected. I just want to say that map is self-explanatory to the table. You will see some sites of significance that are there, but I also want to go to in my handout, the krero that I put in there which I really want to say because I heard some of the pou krero speakers, in particular Nuki Aldridge when he said our people were self-sustaining they were, I have it in my handout with the slides. That area of Pinia and all of the Whangaroa it was absolutely self-sustaining. Cook saw that, Cook sought to get help in order to conquer that place, and you know it Crown, I dont have to tell you the history. We had cannon rain down on Motokawanui. I want the table to look where Motokawanui is - that was the p of Phi. Canon rained down on that pa and there were only women and children and elders at the time, and that is well recorded by Cooks boson if that is what they call him. 20 I also want to go to what I have in one of my evidence where that same boson, is that how you pronounce it? he recorded that these people had opening and shutting apertures in what is considered the places they live in - well hang on, we had that method for making our waka, why was it not believed that we probably built houses. Why were we betrayed as only in flax houses or Nikau huts - no way. Our people, and we have the evidence, quite clearly had buildings. So I want that really to be understood. Then I want to go to number 10, and it is about Hongis visit and return from England. Why I want to talk about this, my name is Ruiha not Louisa - that was given because Pkeha could not pronounce it at school. Ruiha Te Matakino is my full name. It all got changed when I was made to go to school by the age of seven and I was called Louisa, pretty name - pretty girl they used to say, but learn to talk proper English. So I had to suffer the indignity of staying in the class and reaching on a little chair to reach above the high window to see everyone playing outside for two terms til I could say how now brown cow. So now I what I want to say here is that here is the krero that we as a whnau have in our toto because it has ingrained in our blood when Hongi was in England and when he returned. When Hongi went to England he expressed this statement to King George the fourth, your estates controlled by your dukes and earls are the same as my peoples whnau, hap, rangatira. You and yours get wealth through your inheritance from the kingdom of God and my people and I gain all our lands, rivers and seas through our whakapapa. The church you attend and pray to says that all men are made by this one God and must be treated equal, then this is also my God, and I will install your church amongst my people that we will flourish and have wealth.

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Wai 1040, #4.1.2 Now, that was what was brought home to us and reinforced with a visit of my tpuna in Hari Wikitoria, Wiremu Pou and Ill go into that krero when talking about the Whangarei, but this is a significant profound statement for us, because what it led onto for us to believe was the king was most impressed and could see that Hongi was honourable and had set about to have the Paipera tapu provided for his people. This led to a profound statement as a proclamation being announced by the King. No British subjects will ever cause or be responsible for the loss or decrease of wealth or fortunes enjoyed by the tribe of Hongi and his people. We need answers to this. We need the mamae to stop. We need to know what lands we have are secure, because none of us have ever been responsible for letting an inch of land go and most of us have strived to keep in the mihingare, simply on the basis of these profound statements. So its always been our belief - the flag that Hongi Hika cut down was simply because it was the Union Jack and not the flag as promised by King George the fourth that he would fly in the time when Mori and Pkeh, his people stood together. So that is the krero that I wanted to put to support what we had there as part of our brief, and Pierre has gone over some of the krero about the tohora but it is there in my notes. I want also to express the need to have the Crown, have the Tribunal recognise Ngpuhi stand - you heard from Dr Bruce Gregory that Ngpuhi was on the first map of Niu Tereni. Ngpuhi was Muriwhenua - we sought to go into the hearings with Muriwhenua, we did not succeed, but I ask now - this is not a plea, this is a yes to our request. Kia ora. I will not go on any more, the table has what we have produced and put there, and without a doubt our hap and most of those hap who feel that they have a role in here, particularly as our whine, as our woman, as our kuia, and particularly as our rangatira tane who are here to support us, we ask that we be able to produce the wananga that allows this to occur, kia ora. NG MTEATEA Timata mai te rewarewa tahi e wairere nei e te roto heke iho ki te kirikiri tat iho ki te awa Tauranga thuri ki te Hauuru Tonga wai maire te tutu ka huri ki te tonga rae ng tika ki huru paki haere ki te ara para tae noa ki te wai wapu te ana o tauhuruhuru rakau wahia patua ng taumatauri te tairaire ka huri ki te kotiu hauauru te wai whakapirau te huia patu taua ka huri ki te haua tiu poro nui mangamutu rae e ng tike ki te ota tae atu ki te moana ka marere ki te moana o te ko haurauro o hei riri whatekaraka ka tae ki te Rewarewa tahi ko te rohe potae t na i whakakii e tae noa ki o ng uri e E hara, i te mea no nainei te aroha no ng tpuna i tuku iho i tuku iho. N reira piti hono, koutou te tpu e whakarongo nei ki ng taringa Ngpuhi ki tn ki tn ki tn, piti hono ki Te Karauna te hoa riri e rongo nei i a mtou ka whakatika i ng h hoki noa hoki noa, huri noa ki ttou e Ngpuhi tn koutou tn ttou kia ora.

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Wai 1040, #4.1.2 Judge Coxhead questions Louise Collier [11.35 am] JC I just had one question and it related to paragraph 12 of the attachment with the slides. You referred to a proclamation from the King. LC 5 The proclamation - that is how our people have always known it to have been. When the first World War soldiers, my uncle in particular, Wiremu Pou or Royal [Ph], when he returned from the war he said he heard it was something said by the King and someone told him it must have been a proclamation Ruiha. We need to investigate this further because we do know that he had the audience with the King, must to distaste of some, and we do know that there was clearly an identified need to protect what the King and Hongi had agreed on. Kia ora. Kia ora.

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Keita Walker questions Louise Collier [11.36 am] KW Tn koe. LC KW Kia ora. Tau ana krero ki te ngakau, heoi an ki te waha kua tukuna mai ki au ki te mihi atu ki koe kai m krero ana engari u ng huatanga katoa i rauemingia koe kua puta hei hua kaore m Ngpuhi anake engari m te ao maori n reira tn koe. Your evidence pinches the emotions and so I would like to thank you, not just for your evidence but the research that you have done as a fruit, not just for Ngpuhi but for all Mori. I will hand it over to my learned friend, Mr Pou from Hokianga. The next presentation, sir, will be that of the Ngti Whatua presentation by Jackson Reeves and Rani Collins. Thank you. Just as they do get themselves ready, this presentation is set down for one hour, so that should take us up to the lunch break of 12.30 and then straight after that we will be starting with Mr Pereme Pota. Sorry, while we are just waiting too, Mr Pou, you had indicated previously that there may be some questioning of these witnesses, is that still to proceed, and if so how is that to proceed? Sir, I have had a discussion, it was me that was going to cross-examine one of the witnesses. I have had a discussion with counsel for Te Rnanga o Ngti Whtua. I understand certain redactions are going to be made to one of the briefs of evidence and that should alleviate the need for cross-examination. Kia ora. Thank you.

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Wai 1040, #4.1.2 BG Tena koe your Honour. This is not in fact a joint presentation by Rani Collins and Jackson Reeves. We are trying to avoid a mixing of the wairua here. Mr Tito as you know has submitted an affidavit in support of Wai249-2124, and is simply a matter of timetabling convenience since he is here now that he wishes the evidence to be taken as read, and it to be noted that he is in a position here to tautoko the evidence in the claims of Mr Edwards and therefore it is solely, sir, over to you and the Crown as to whether there are any questions of Mr Tito in relation to that brief. Mr Irwin? Could my learned friend just clarify, I have got two briefs of evidence from Mr Tito, which one are you asking me about? Mr Gilling, the question relates to which - there seems to be two briefs filed, which brief are we talking about, is it the number B7 or what is the other one Mr Irwin - sorry there is two B7s, they are the same are they? Sir, we are not aware of there being two briefs, we filed one, which is I think B7, but Mr Webster has not filed a second brief. It is only one. Sorry, sir. I have two documents listed as B7. Theyre the same. Oh, are they the same one, are they? Yes. Ah, thats clarified. The point is, of course, that its twice as good. No, sir, I have no questions. Ms Sykes?

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Annette Sykes questions Te Ramaroa Tito [11.42 pm] AS Sir, I understood there had been an agreement and I would just like to take the witness to paragraph 4 of his brief. TRT 30 Te mea tuatahi, ko te tua te tmatanga o ng mea katoa, koia i hngai Te Kawenata tuatahi ki a ttou te iwi Mori, me k ai he tuhingia ia i n ringa i runga ttahi maunga ka hoatu e ia ki a Mohi ka heke mai a Mohi tnei maunga ka rui ai ki te ao whanui koia tra te Kawenata tuatahi e kawe nei ttou katoa mai i Te Taraipiunara ki a ttou katoa e tatu mai, te kawenata tuarua ko Te Kawenata e pupuri nei ttou e hui tahi nei ttou e inoi ake nei ki a koutou Taraipiunara kia whai ake he huarahi m t koutou iwi Mori, ki ahei kia hono kia noho tahi ai ki te crown, nei ka heke mai koutou tn maunga e noho nei koutou mau mai ttahi reo kia

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Wai 1040, #4.1.2 hono tahi ai ttou ki Te Karauna kia whai ake ttahi huarahi m a ttou mokopuna i muri i a ttou. N reira e kore troa wini mihitanga e poto noa iho nei tn te aha ai kei knei ng rongonui e kawe nei ng krero m rtou i runga te pakitara i runga te tpu nei a ttou tpuna n reira e ttou m poto noa iho tnei mihi engari mihi whnui atu ki a koutou. N reira tn koutou tn koutou tn ra ttou katoa, n kua huri t ki tnei tuhinga kua oti k koutou te hua, he nehenehe ptai Te Karauna koutou ki a maua ki au patai mai Trans 10 The Lord is the commencement of all things. He constructed the first covenant with the Mori people. He wrote with his own hands upon a mountain and gave it to Moses, and Moses descended the mountain and gave it to the world. That is the first covenant that we cleave onto from the Tribunal to all the people here. The second covenant is the covenant that we hold fast to and gather here today, and I ask you the Tribunal to find a path for your Mori people so that we may be as one with the Crown, and when you descend from that mountain that you reside on give us a voice that unifies us, that we may have a path for our grandchildren in the years to come. So I will not be long because the significant people are here representing their groups in memory of our ancestors arrayed in the portraits, so I will be very short. You have all read my evidence, but if you have any questions please ask them. JC 25 AS I understand Ms Skyes just wanted to take you to paragraph 4. He ptai poto tnei kei te mihi atu ki a koe e te rangatira e te thunga i mau mai ng krero i puta, kei te whakaaro t kaupapa whakatakato i mua i a ttou ki ttahi taha tu no Ngpuhi ki ttahi an no Ngti Whtua, i runga i taua tumanako kei te mihi ki a koe engari he tino raruraru te kaupapa Te Karauna kare orite te whakaminenga na te mea ko t rtou nei kaupapa e pa ana ki te whakaotinga o ng kereme me mau potae koe anake m Ngti Whtua mn kei te whai koutou i ng kaupapa ki te taha o Ngpuhi pra tonu i ng foreshore and seabed nei ki te taha o Ngti Whtua ki tra taha, he rerek tra whakaaro ki te whakaaro te kaupapa o Te Whakaminenga pehea whakaaro m tra. There is just a brief question, thank you rangatira, the learned one, here with the information handed down. I am looking at your evidence - part of you is from Nga Puhi and part of you is from Ngati Whatua and I would like to acknowledge you. But the Crown has a big problem because the whaka meaning is not together because they want to look at completing the claims. You must wear a hat purely for Ngati Whatua if you are pursuing the matters with Nga Puhi, just as in foreshore and seabed discussions, that is different to the matters of the whakaminenga what is your thoughts on that?

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Wai 1040, #4.1.2 TRT Tku e k nei, e t nei ahau ki te tautoko ttahi krero e puta ai taku teina a Rima Eruera, Jimmy. Tika ana t krero e whaea maumahara ttahi heke o ttou noho ki ana ttahi heke noa Ngti Whtua engari noho ana i roto o Ngti Whatua. Tahaku e k nei ko te tautoko ai ka krero a Rima tnei te mea tuatahi te ahei kei krero ake nei ng krero n i timata mai ng krero Te Ngkahi, i Hokianga heke mai koia mtou i roto Ngti Whatua, heoi an taku tungia te tautoko i ng kupu o Rima, mn pohehe ana koe ki tahi atu mea e whaea e pna, me pnei ttahi krero waiho ake ng taonga iti pnei au nei e t nei tatari mrika ki ng rongonui tn pea ka puta mai i ng kupu e hiahia nei e koutou, tnei t ku tae noa ka t i mua i a koutou engari e t iti noa iho. N reira e whaea tahi o ng ptai tn pea kore taea au e rangi kei knei rtou i muri i a au. N reira tn koe. I say I am here to support a statement given by Rima. Yes, you are quite correct, but let us not forget that we have de-settleised from Hokianga and Nga Whatua, but my stand here is to support Rimas words, that is the first thing I want to set out. So that when he speaks his words about the Te Ngakahi which commenced at Hokianga and unto Ngati Whatua, that is all I am here for to support the evidence to be given by Mr Edwards. If you thinking of considerations, that is okay. Let me tell you something - believe these small people such as myself and wait for the significant people and there the words that you want to hear will come from. The stand of me - I stand here in humility, and so maam, some of the questions perhaps I am unable to respond to but they are here behind me to support me. AS Trans JC 30 Trans BG JC SP 35 JT Kei te mihi atu ki a koe e te rangatira m t whakaaro rangatira e pa ana ki te kaupapa nei Thank you, sir. Thank you for your noble thoughts on this matter. Kare he ptai mai i a mtou nei, n reira ng mihi an ki a koe Mr Tito We have no questions of you, sir, thank you very much Mr Tito. Thank you for your Honour, I will now withdraw to the other side and leave Mr Webster or Mr Jackson to continue with his clients. Mr Webster? Sir, I defer to my learned senior. May it please the Tribunal, counsels name is Ms Tapsell. The next witness is Mr Te Pania Kingi. Two matters do need to be addressed, sir, before Mr Kingi presents his krero. Firstly, just to confirm what Mr Pou has said earlier, there has been an agreement and that is if clauses 13 to 15 of Mr Te Pania Kingis evidence be deleted. Secondly, Mr Kingi will simply be summarising key points in his brief. Without further ado, Mr Te Pania Kingi. Ko te mea tuatahi an ra mku ko te Atua e te matua e Eru e tautoko ng mihi ki a koe mu e whakawatea te huarahi m t ttou noho i tnei

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Wai 1040, #4.1.2 ra, me te tautoko ana ng mihi ki a koutou Te Roopu Whakamana te Tiriti o Waitangi e noho nei i roto i tnei huihuinga me te mihi atu ki a ttou an ng hau e wha ng whnaunga kua tae mai i roto i te huatanga o tnei hui n reira huri noa kia ora mai an ra ttou katoa 5 Trans The first thing is observations to the Lord Eru I support the karakia that you gave to open the path for us in our proceedings and I support the mihi given to you. The members of the Waitangi Tribunal who are here, and to all the kin from the four winds who are here, greetings to you all. Before I commence my evidence, may I just say these were basically cobbled together in a bit of a hurry and what I said to our lawyer, I meant everything that I said, but when I see it in black and white the emphasis and the nuances are no longer there they are just simply words on the paper and they hardly seem to mean a lot, and I am simply here on behalf of Te Rnanga o Ngti Whatua to present the evidence on their behalf, and this evidence is related directly to he Whakaputanga o te tino rangatiratanga o ng hap o Niu Tereni. So as it says in the brief of evidence my name is Te Pania Kingi, I was born in Niu Te Kura in the Hokianga, born and raised there essentially. My parents are - my father is Te Popoto te Ngahengahe he is Ngpuhi and with a relationship to Whangaroa, but my mother who is Ngti Toro te Tau te Roroa has this dual nationality of being Ngpuhi and Ngti Whatua, and I present this evidence on behalf of Ngti Whatua and Wai303, it is an iwi claim lodged by Te Rnanga o Ngti Whatua. We are here to provide our krero on the issues the Tribunal is considering and we also want to stand with our Ngpuhi whnaunga to tautoko their claims and krero on he Whakaputanga o te rangatiratanga o ng hap o Niu Tereni and Te Tiriti o Waitangi. In the brief basically Ngati Whtua settled New Zealand, Aotearoa actually, with the arrival of those waka initially and simply grew and that is all I am trying to say from there. They didnt emanate from a single waka but all of us in the northern tribes emanated from basically from all of them. So all of those waka essentially belong to all the northern tribes. But Ngti Whtua have their whakatauki ko Pokopoko te Taniwh ko Rangiriri te rkau whakangau tai ko Hoiroa te ngaru, ko Mhuhu-ki-terangi te waka ko Rongomai te Ariki ko Ngti Whtua te iwi. Trans TPK 40 Arurangi is the waka, Rongomai is the God, Ngati Whatua are the people. And essentially Rongomai was the ariki on that waka. And I said before, they came to Hokianga as part of the initial settlement of Aotearoa by the northern tribes and like every other tribe in the north they grew up to what they are today. It was a matter of evolution and also in the brief is that they essentially derived their mana from the whatua kai marie. There is a description of a Ngti Whtua rohe which is part of the northern, part of the northern tribes. They are related to all of these northern tribes and all of them are related to Ngti Whtua and essentially, these tribes are part of a waka, waka nui, and there is no need to labour the point on all their

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Wai 1040, #4.1.2 marae and all of their hap other than to say that we represent Te Rnanga o Ngti Whtua and those marae there were signatories to a document that established that the rnanga as the sole representative body for them. 5 JP I hate to interrupt, it is Mr Pou here, but these are the paragraphs that were supposed to be deleted. If this witness continues to draw attention to those issues, I will have to revive my application to cross-examine. I think he is just about to move on. Aah. Very well. Lets get on with He Whakaputanga. A question was raised in a judges brief about a system of governance in New Zealand and all Te Rnanga o Ngti Whtua is saying is, there certainly was. The rangatira exercise rangatiratanga on behalf of their hap and, of course, in terms of the iwi it was an exercise of tino rangatiratanga. And not only did this system exist amongst our people for centuries, it worked. There was another structure that was used to great effect and that was Whakaminenga. Whakaminenga is recorded in history as having been initially formed in 1808. Ten years later they go together again and I am talking about in the words of Whakaminenga itself, ng hap raromai i Hauraki. The hap above Hauraki. And it particularly mentions those hap that are north of the Hauraki area. It was he Whakaputanga basically that through Whakaputanga, the most powerful empire on the planet at that time, the British, recognised the authority our tpuna and the sovereignty of Mori assignation, and they provided our ancestors, our tpuna, with an infant and that was used for trading and other purposes and essentially, what the rnanga is saying, without he Whakaputanga o te rangatiratanga o ng hap o Niu Tereni, there could not have been The Tiriti o Waitangi. Therefore we endorsed the Ng Puhi pou krero that he Whakaputanga is the principle document that we adhered to, that we acknowledged and reaffirmed our mana, and it was the prerequisite for the signing of The Tiriti o Waitangi. And of course, Ngti Whtua signed The Tiriti o Waitangi but these hearings as I understood, are about he Whakaputanga or te rangatiratanga o ng hap o Niu Tereni because I have in my brief issues relating to The Tiriti o Waitangi but those would be subsequent to he Whakaputanga. So I wonder if I could simply end my presentation there. I would be happy to answer questions and I would be even happier if you didnt have any questions. JP 40 ?? JC TPK Mr Kingi, we will see how happy we can make you. I will try my best to try to make the honourable gentleman happy, I have no questions. And we have no questions for you either. And I am very happy with that. Tn koutou katoa.

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Wai 1040, #4.1.2 JT The next witness is Mr Tame Te Rangi. We have made a number of amendments to Mr Tame Te Rangis brief. Although it doesnt alter the substance of it, we have provided an amended brief to the Tribunal and the Crown and we will submit an amended brief with the clauses withdrawn. Kti, kia ora an ttou tuatahi e Ngti Kawa, Ngti Rhiri pupuri ake nei te mauri o ng kaupapa i tmatahia k mai i ng wiki kua taha ake tn koutou mai i te putake o t ttou huihuinga e krerohia ake nei ko au tnei i pupuri marika i te mauri, he mea tika an kia mihi atu ra ki a koutou te huatanga o ng tau kumekume tau nekeneke kua tae mai nei ttou ki tnei rangi, n reira tn koutou tn koutou. Kia uri t ake ra e te aroaro o Te Roopu Whakamana i The Tiriti ng poko a Te Hungawai e kihi tn koe. Ng kai-ttaki i te whanga ki te ture o ng taha e rua tn an koutou e whakarapopoto tonu ake i ng krero e pnei ana he uri no Ng Puhi mai a Ngti Toki he uri no Ngti Hine mai Te Orewai he uri o Ngti Whtua mai Te Roroa mai Ngti Rongo mai te Tau. Kia pehea te tangata e t ana i tnei wa pnei noa ake ko te take a Ngti Whtua e hara na te Rnanga, engari he take i ttakihia mai hua rua tekau tau ki muri te uri o Parore a Tame, Hahi Walker me ng kaumatua i r wa i whakaaro ki te whakatakato i ttahi krero e tono ana m ng take pa ana ki te iwi o Ngti Whtua, take tuatahi tra hei whakamarama noa ake tuamai tra kua tae mai ra i raro i te whakaaro ki te hora i tahi tirohanga m te whanga ki a Ngti Whtua e pa nei ki te Whakaputanga me The Tiriti hoki kaore e t ake. Trans Greetings everyone, Ngti Kawa, Ngti Rahiri who are holding te mauri of matters that were commenced in week one, greetings. From the commencement of our Hui, you are holding fast to the mauri. It is correct to acknowledge you in the debates and differences that are being discussed. Greetings to the members of the Waitangi Tribunal. Greetings to you kehe the kin and to the officials of the Crown, greetings. This is just a summary. I am a descendant of Ngpuhi from Te Toki, I am a descendant of Ngti Hine from Te Orewai, a descendant of Ngti Whtua from Te Roroa from Tau from Ngti Rongo. So where is a man to stand at these such times. The matters of Ngti Whtua are not of the rnanga but they are matters that were led over 20 years ago by Tame Parore, Hahi Walker and the elders of that time to lay down issues pertaining to Ngti Whtua. That is the first point of clarification and second I am here to lay down a vision of Ngti Whtua and its relationship with he Whakaputanga and The Treaty. Ngati Whtua is in a unique position in this proceeding on the basis that it has been involved in three regional Waitangi Tribunal enquiries already: Orakei, Te Roroa and Kaipara. Certain of our hap have achieved settlements with the Crown and our Kaipara and Orakei hap have current agreements in principle with the Crown. The previous Tribunal enquiries are significant because Ngti Whtua has put its views to the Tribunal on the understandings of both He Whakaputanga and The Tiriti o Waitangi. We adhere to the evidence presented in those enquiries and

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Wai 1040, #4.1.2 do not intend to regurgitate all of the evidence presented previously. To that extent, my evidence is an attempt to summarise the positions taken. The findings of those previous tribunals are relevant to this tribunals enquiry and the statement of issues listing the seven questions for consideration. Pre-Whakaputanga background. To understand the Ngti Whtua intentions in entering into the Whakaputanga and The Tiriti, it is necessary to review the historical events just prior to contact and 1840. The first decade of the nineteenth century was important for the following events. Te whakameninga was created as discussed by others and battles occurred between Ngti Whtua and Ngpuhi. The significant battle for Ngti Whtua was at Moremonui in 1807. Hongi Hika who fought at Moremonui was able to escape. Moremonui would start a series of battles that culminated in 1825 at Te Karanganui where Ngpuhi avenged Moremonui and Ngti Whata suffered profound losses. As a result, Ngti Whtua were reduced in numbers and leaders just before the period of increasing contact and the Whakaputanga and The Tiriti. That event did have an impact on the decisions made by Ngti Whtua in relation to the Whakaputanga and The Tiriti o Waitangi. What was significant was the need for Ngti Whtua to create alliances to move forward and to recover their ancestral lands. It was the creation of alliances that informs the intentions of Ngti Whtua at 1835 and 1840. It also results in our hap taking different approaches. That said, we maintain that consistent throughout was the desire to retain mana and rangatiratanga. At times this was expressed as the ability to be involved in political decision making. There was no cession of sovereignty or mana by any of our rangatira, only alliances created for mutual benefit. The rangatira in the northern part of our rohe created an alliance with Kawiti which resulted in Kawitis desire for peace making following Te Karanganui. Kawiti who was a relative of Ngti Whtua provided refuge. Later he escorted those Ngti Whtua who ventured north, back to the Kaipara and he sent Mate Kai Rangatira of Ngti Hine to live with them as a figure to hold that peace. Some Ngti Whtua also took up residence in Mangakahia. This is where Mate Kai Rangatira left from. On the other hand, the rangatira in the southern part of our rohe aligned with Waikato although I note that Apihai Te Kauwau and his people did not participate in Te Karanganui so were in a different position. In any event, through these alliances, Ngti Whtua were able to recover from Te Karanganui and secure their position in and around the Kaipara, Waitemata and Manukau Harbours. He Whakaputanga. I enclose the krero of the pou krero from week one. Sorry, I endorse the krero of those kai krero from week one. I dont intend to provide any further information on this other than to say the involvement of our rangatira in He Whakaputanga was the result of the alliances discussed above. The Tiriti o Waitangi. The Ngti Whtua rangatira were involved in three separate signings of The Tiriti. History shows Te Ahu signing at Waitangi on 6th February 1840, Te Paniruka, Mate and others signing at Mangunguna in the Hokianga on 12th February, Apihau, Te Kawau, Te Rewiti and Tinana signing at Karangahape Cornwallis on the Manukau

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Wai 1040, #4.1.2 harbour on 20th March 1840 and Kaipara rangatira are reported to have signed at Kororareka on 15th April in 1840. The first significant point to make is that while they signed at different times, they only ever signed a Tiriti and The Treaty. To us, The Treaty is irrelevant. They only every signed The Tiriti, not The Treaty. To us The Treaty is irrelevant. The second point is that those signing at the different times had different intentions and terms of the nature and extent of the relationship being created. Thirdly, one of our principle rangatira, Paroreteawha did not sign The Tiriti. However, his son Te Ahu, signed at Waitangi in 1840. In the north, Parore and others were aligned with Kawiti. While we have no record of their krero at Mangunu we do know that they were involved in the battle at Ruapekapeka. We understand that their involvement arose out of the concerns at the breaches of The Tiriti. The alliance with Kawiti was also an important factor for their participation in those battles. In the south, rangatira such as Apihai Te Kauwau saw benefit in engaging with the Crown and settlers. They had a period of contact with whalers, sealers, traders. There was a trading post in the area known today as Britomart in Tamaki. There was also concern about ongoing conflict with Ngpuhi more so than their northern whnaunga, therefore an alliance with the Crown appears attractive to those rangatira. The Waitangi Tribunal considered that, and I quote: Some tribes had secured Europeans to live with them and their patronage was considered a good thing in raising tribal status and securing trade. The missionaries prophesised that government arrivals would end the lawlessness of traders and the devastations of Mori musket warfare. It would have been consistent with its experience if Te Kauwau had sought to add Hobson and his people to his depleted tribe gaining protection from enemies and the material advantages that those of the white tribes seem able to give. - and that is a quote taken from the report on the Orakei claim. The alliance is also consistent with the kupu whakaari of Ttahi in the eighteenth century which predicted the coming of the Pkeh. This is explained in the Tribunals Orakei report again. Years earlier, tribal tohunga Titahi had foretold of hope in the winds of change prophecying. He aha te hau e wawa ra, e wawa ra, he tiu, he raki, he tiu, he raki. Nanaia mai te puputara ki uta e tikina atu e au te ko tiu ko ia te pou whakairo e t ki Waitemata ka t ki Waitemata i ku wairangitanga e t nei e t nei. Trans 40 TTR What is that wind that blows from the north? It brings the sound of the puputara. There is the post carved at Waitemata that stands there still. The late Professor Sir Hugh Ian Kawharu updated the translation for us as follows: What was the wind that was roaring yonder? It was the north wind, it was the wind from the north, it was indeed the north wind I was perceiving driving the puputara ashore and in my amazement there was the carved post standing by the shores of the Waitemata, standing, standing thus. Reed in his publication in 1995 stated that it was a prophecy in 1780 and long remembered by the Mori people for they said the Nautilus, puputara, represented the white mans ships and the carved post with the flag of England. It would be consistent with that tribal experience had

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Wai 1040, #4.1.2 Ngati Whtua interpreted vision of a seer to determine upon an arrangement with new arrivals from a distant place. The Ngti Whtua tradition is that the term of the alliance with the Crown extends beyond the Tiriti. My understanding of what occurred is, a few days after the signing at Karangahape, seven rangatira from Orakei ventured north to ask Hobson to take up residence among them. Paraone Ngaweke stated in 1860 that Ngti Whtua is the ancestor of European. We bought the Governor onshore. On the 16th and 17th September 1840 a preliminary agreement was reached providing land for a new town and capital. On 18th September 1840, Tamaki was proclaimed as a new capital. On 20th October 1840 a deed was signed by Te Kauwau and others to tuku to the Crown 3,000 acres which is now central Auckland. These events are important because they created the compact between Ngti Whtua and the Crown in the south. The terms of the alliance were more than just the three articles of The Treaty, the gifting of land for the capital is also key to the terms of the alliance. You could say the agreements in September and October 1840 were just as important as The Treaty because they cemented the relationship with Ngti Whtua. When Hobson formally arrived in Tamaki to take up residence, Apihai Te Kauwau and 1,000 Ngti Whtua greeted him at Okahu Bay. Apihai is reported to have said: Governor, Governor, welcome, welcome as a father to me. There is my land before you. Governor, go and pick the best part of land and place your people, at least our people upon it. In recognition that this is an English translation of what Te Kauwau actually said, it provides a concise outline of what his intentions were. Firstly I do not consider that he was referring to Hobson as a parent but rather was using the term much as a term of endearment, of respect, taking into account the knowledge and benefits Hobson would bring to Ngti Whtua. In addition, this krero is really an act of Rangatiratanga as Te Kauwau refers to his and that Hobsons people are our people. Overall, it suggests a relationship of reciprocity and mutuality which underpins the alliance with the Crown, This alliance was then further enhanced by Ngati Whatua through the gifting of further lands including: Orakei church and school site, Takaparawho point for defence purposes, the Tamaki to Kaipara Road, Woodhill School, Wharepapa church and Te Awaroa church and town cemetery. In return Ngti Whtua had access to new trading opportunities and capital. Ngati Whatua also considered that the alliance required that they would have access to other benefits including education and medical services. For the Crown the benefits were obvious. Without the consent of Ngati Whatua they could not have established capital Tamaki. Therefore, the need for an alliance was not only limited to Ngti Whtua, the Crown required it as well. Paraone Ngaweke would later describe the nature of the relationship as akin to a marriage which provides a range of connotations about status, equality and treatment in the relationship. We say that this alliance was breached in the end but the evidence of the detail of that has already been dealt with in previous Tribunal reports and I do not need to deal with it here. Suffice to say that the evidence I have presented is intended to assist the Tribunal with understanding the intentions of the Ngti Whtua rangatira in both 1835 and 1840. As I mentioned earlier, while the approaches were different, I do not believe that the intentions were different. The alliances, whether with Kawiti or the Crown, were for the benefit of our

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Wai 1040, #4.1.2 people. However, they were a means to maintain our mana so even though our Orakei hap aligned more closely with the Crown, I do not consider that in signing The Tiriti that they were in any way relinquishing their mana; they were merely dealing with a new iwi based on the mutual benefits that the relationship could provide. Whatever the approach taken by our rangatira, the Crown was in breach of the alliance in Tamaki and The Tiriti. Therefore, ultimately, the different approaches did not matter as the Crown did not adhere to the terms of any arrangement. Kia ora. JC 10 Tena koe, Mr Te Rangi. Kare he ptai mai Te Karauna.

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Annette Sykes questions Tame Te Rangi [12.16 pm] AS Sir, I have a question and it relates to the same question I put to the earlier witness and I will say it in English this time. Thank you for a very helpful brief, Mr Te Rangi. If I can take you to paragraphs 9 and 10 of your krero. You outline there at 10, would you agree the alliance you are describing there may be described as a ttou pounamu? TTR AS TTR I would. Would you describe the relationships that were established in The Whakameninga as a ttou pounamu or something else? No, I would go along with that ttou pounamu. is there a different character though? I think the pressure and the evolution of increased numbers, of what was regarded as the key players in consolidating the alliance was what would have brought the change in character, if you like, because, I say further, 20 years after The Treaty the Kohimarama conferences indicate that they didnt recognise what could have been relevant in 1860, in 1835. They thought the thinking would have been more of creating a forum to express, to retain their mana, to ensure representation, transparency and a certain amount of mana retention. Have you ever been to the United Nations? In my dreams I have. No, I haven't. Okay. In those dreams though, and this is important because he whakaminenga has a particular quality if we look at it because it contemplates in he Whakaputanga maintaining relationships but also the added possibility of making laws in the autumn, and I want to explore this because I know you are an expert on these tkanga matters. So, if we have a particular character to this ttou pounamu, isnt it actually coming together to look at ways to develop an approach that may be used back in Ngti Whtua, in Ngpuhi, in the northern tribes, to develop ways of protecting your mana? Firstly to point out that I heard a definition of expert once, and it went drip under pressure, so I will refrain from using such titles. But I agree with the adage that it was an opportunity for rangatira and people in the

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Wai 1040, #4.1.2 decision making role to come together to work strategies amongst that calibre of people. Our tpuna were, have been credited with a high degree of capability when it comes to strategic and forward planning. You only have to look at some of the battle and the histories and the recordings and the accounts taken of battles, so it would not have made too much of a shift in the thinking department to be able to apply the same approach to dealing with the newcomers, and I would suggest that Whakameninga was lending itself to being a forum that could provide the kind of dialogue and necessary protection: mai i ng whnau ki ng hap puta noa ki te iwi Mori katoa. Trans JC Whnau, hap unto all of the Mori people. Ms Tapsell, given the line of questioning, I am presuming you have no re-examination for?

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Ranginui Walker questions Tame Te Rangi [12.21 pm] RW Tn koe, Tame. TTR RW Tn koe. At paragraph 20.4, you talk about the deed was signed by Te Kauwau and others to tuku to the Crown 3,000 acres. Now, can you expatiate on that word tuku, whether it was tuku or hoko? So as not to cloud the answer by the context of this hearing, I think the two terms are quite specific and from the position taken by rangatira of Ngti Whtua at the time, they were of the mind of tuku, of gifting if we wish to apply a more contemporary description of that. A te w e mutu ai koe ki tku e tupu ake nei whakahokia mai. Ko te hua o te tuku i roto i te whakaaro kia puta he hua m ng taha e rua m ng roopu e rua i roto i roto i tra kaupapa kia whiwhi ngatahi ng roopu e rua, kaore k ana a ko koe ki runga ko au ki raro ko koe rnei e puta ko au e mahue mai ko koe rnei e ora ko au e mate, , ko koe e whai rawa ko au e noho pohara engari ko te whakaaro k pea m te tuku, ar, nei ttahi tonga nei ttahi rohe ki knei mahi ai i ng mahi e puta ai he hua m koutou me mtou e noho atu nei, ar te whakaaro hua pokake ki te hoko m te hiahia kia whiwhi tahi rawa, ara te whakaaro. When you have finished using what I have given to you, return it. Tuku in the relationship is that benefits accrue to both sides, to the giver and to the receiver so that they are both equally receive benefits, not just one side receiving benefits, not you get the benefits and I get left behind or you live and I die, or you attain wealth and I remain in poverty. But the tuku is here is a position or here is a piece of land for you to work so that you may benefit and also for us who are staying here. It is not, I dont think, for selling the land and purchasing goods. kei te marama ra i t ttou tikanga o tnei mea te tuku, engari i roto k i ng hitori ng tuhituhi a tauiwi e k ana k he hoko. Yes, I am clear of the tuku but in the writing of tauiwi they say it is a sale.

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Wai 1040, #4.1.2 RW TTR RW 5 TTR KN TTR KN 10 But soon after that the Governor sold big chunks of that land at huge, huge profits. Ka tau mai i runga i a ttou tra huatanga inainei. Tika. So, I am pleased that you have used the word tuku - it gives us something to think about. Kia ora. Kia ora. Te whnaunga e Tame. Tena koe. Ka mihi ake ra ki a korua, whakaputa ake ai i ng krero m Ngti Whtua mai te moana o Waitemata tae noa ki te moana o te Kaipara ki roto i a Te Roroa, i whakamramahia mai e koe ng krero ki a mtou e whakarongo nei mtou ki ng krero e korerohia ake nei, n reira tenei ka mihi ake ra ki a koe tn koe. Thank you my kin, Tame. Thank you for you too, for your evidence pertaining to Ngti Whtua from the Waitemata unto the Kaipara Harbour and unto Te Roroa. You explained the histories to us and we listened keenly to the evidence. I thank you very much. Kia ora, Syd [Ph]. The next witness to come on will be Pireme Porter but before we do that and given that there is some time left in this session and rather than allow it to spill over at the end of the day, there are some tonga that they want to bring and we would like to use this time now to do so.

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Hone Mihaka Whnau bring in Taonga KARANGA 25 HM Kei hea ra koe e Te Karauna, ko koe tra, nei ra ko ku tpuna nei ra ko Maketu ara ko te tamaiti o Ruhe na ko tana karani papa ko Te Kopiri, nana I tuku tana tohutanga moko kei runga i te Whakaputanga tana ka puta ko Ruhe i hoatu tana moko kei runga i The Tiriti o Waitangi nei ra ko tana mokopuna ara ko Maketu koia tra te tuatahi te Mori kei Ngpuhi tuatahi e kohurutia e koutou, na koia tra ko tana matua ara ko Ruatara ki tahi ka taura moko e k ki a mtou nei te Kai [Indistinct 12.29.00] ko Hemi Haka tra nei ra ko rua tahi te ra nei e hoki i mua i a koe e Te Karauna, Aue, ko wai tnei. Where is the Crown? Is that you? Here is my ancestor Maketu, the child of Ruhe and Te Kopiri. Ho Poutama is the sign on Whakaputanga and his kin put his mark on The Treaty. He was the first Ngpuhi murdered by you. And then his father Ruatara and they have come before you today, the Crown. Ka tauha, ka tauha. Ki te whenua e takoto nei, ka tauha, ka tauha, ki te moana e rere nei, ka tauha ki a Uenuku mai i Rarotonga, korukuhia e te manawa pou roto korukuhia te manawa pou waho whakatina kia tina te

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Wai 1040, #4.1.2 more Hawaiiki e pup ana hoki e waw ana hoki tarewa t ki te rangi, kia eke, eke tangaroa, eke panuku, whano whano haere mai te toki haumi e hui e taiki e. 5 E ng rangatira kua tat mai, e te maharatanga o te Kohuru i utaina, ki a Maketu. Te mahara ki ng mamae p mai muri mai ki ng uri tnei koutou e hono mai nei i o koutou wairua e whakahaere hei whakatika e te kawenata e hainatia e o mtou matua tpuna n reira whakatau mai, whakatau mai, whakatau mai. Ngti Hineira, Te Uri Taniwh, mauria mai te wairua me te kaha o rtou i te w i t ai tino rangatira motuhake i runga i te mata o t ttou whenua mauria mai whakahokia mai kia k ai ko ng mahi e mahia rtou ahakoa kua pahure te rau tau kei te ora tonu, kei te ora tonu, n i runga i tnei tn koutou, tn koutou, tn koutou, tn ttou katoa. Trans 15 Observations to the land below and to the seas without and to Uenuku from Rarotonga who searched within the hearts and searched without and the recess in Hawaiiki that is blown by the waters and the seas that Tangaroa may rise, may rise. To the chiefs welcome. In memory of the murders that were committed and to the subsequent pains experienced by the descendants, he who has come to join your spirits to correct the covenant that was signed by our ancestors, welcome, welcome, Ngati Hine, Te Uri Taniwha, convey here the spirit and strength of the ancestors, from the time they stood on their chiefliness their independent status in this land, convey it here, return it here so that the works that they perpetrated although a hundred years have passed, we are still alive, we are still alive. Welcome, welcome, welcome.

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NG MTEATEA KARAKIA ?? 30 Ka pinea ra te aroha ki runga i a rtou, ng tpuna e mauria ana i te kaupapa i o rtou w, ki te tini ki te mate, kapiti hono ttai hono, waiho rtou ki a rato, kapiti hono ttai hono ko ttou nei, huri noa huri noa, ttou ng maramara o ttou waka. Tn koutou, tn koutou, tn ttou katoa. Heoi ano ki a ttou ma i tnei w me t ake au te tautoko o tnei o ttou kaikrero e whakatakoto nei i te whakatau ki a koutou aku whnaunga, nau mai, piki mai, kake mai ko koutou tnei kua tae tinana mai i waenganui i tnei huihuinga i tnei ra me te maunga mai ra o nei a ttou tonga ki mua, i mua tnei o ng Taraipiunara i mua i a ttou katoa. N reira ko te mihi ki a koutou e mhio ake ana e roa te ra nei te hari ai e koutou te whanga ki a koutou, ko te mea kua whakawteangia te huatanga, ttahi whanga ki a koutou, n reira koutou kua tae mai i tnei ra n reira haere mai ra koutou, haere mai koutou, haere mai koutou. Haere mai whakahuihui i a ttou me o ttou tonga i mauria mai nei koutou i tnei ra, n reira haere mai koutou, ttou ma e kore kumea ki te huatanga o ttou mihi tnei ra, heoi an me hoki an ng mihi ki o ttou

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Wai 1040, #4.1.2 aitua m e hinga mai ra e hinga atu nei i tnei ra tahi o ttou whnaunga tuku atu ki te kop o te whenua, n reira ng mihi tonu ki a rtou ki a koutou, haere atu koutou ki a rtou m, a te w ko ttou katoa kua huihui atu i raro i te tunui o te whare hangai m ttou m te tangata e moe koutou, e moe koutou e moe ra koutou katoa. Ki a koutou te Taraipiunara e ata noho mai koutou ki te whakarongo i ng krero a ng tangata nei, i tnei ra huri noa kia ora ana ttou katoa. ?? 10 Thank you for bringing these taonga here in the presence of this Tribunal and all of us. I know that this is a long day but the main thing is we have set aside a time for you so you have come here today, welcome, welcome, welcome. Welcome, may we congregate together with our treasures. I will not be too long so lest we forget those who have passed on beyond the veil and some of our kin today have been interred this [Indistinct 12.36.32] so may you go to those who have passed on to the house that is being constructed for man, rest in peace. To members of the Tribunal, may you sit quietly to listen to the evidence.

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NG MTEATEA ?? 20 ?? Waihoa au ki te p nei,ka kite au i tu wairua engari ko te aroha e an pea kei te ao nei. moe iho au i te p nei, ka rongo au i t reo e karanga ana i ahau, aue te aroha e Ko te mea tuatahi me huri ki ng mihi tuatahi te reo karanga, te reo karanga ng roimata tuatahi whakatauhia nei a ttou te whnau toia mai ng tonga o ng tpuna, kia takoto tahi ki nei o ng tpuna [Indistinct 12.39.12] n reira tn koe, te kaikaranga o te powhiri, nu e timata tra [Indistinct 12.39.26] n te mea e kaha ake ra nu whakaatu toka e tatari ana ttou o tnei m te kai, n te mea ka whakaaro he pai ana ka tukua koutou kia tito kaha koutou kai [Indistinct 12.39.52] ka mutu te krero, , tra he krero nei ko te mea ake ko koutou tnei e toka mai nei te taumata o ttou matua, ka tutuki nei ng krero mai te wiki tuatahi kua tae k ttou i te mutunga [Indistinct 12.40.14] i haere mai ai ttou ki te whakarogno me pehea ng krero, e ahu mai ra[Indistinct 12.40.22] he aha tra, kua otir me pnei te krero he iti te [Indisticnt 12.40.49] ki a koutou tn koutou, tn koutou, tn koutou Tn an e timatatia ai t mtou e te whnau [Indisticn 12.40.41] koutou t mtou e homai nei [Indistinct 12.40.46] e mihi ana ki a koutou katoa, Te Karauna [Indistinct 12.40.55] ng tangata Te Kwana ki te [Indisticnt 12.41.07] whai muri o t ttou tina pea tn kua rongo ttou i ng kaikrero, he krero ana i roto i te huatanga o ng ataahua nei me ng huatanga o ng krero pai o roto [Indistinct 12.41.18] n reira huri noa o i te taha o taku iwi tn koutou, tn koutou a kia ora huihui mai ttou. Ritual commencement of speech by the speaker denoting his origins here in the north. Firstly, I would like to acknowledge the voice of the person who called us into our assembly, who welcomed us as we bought our treasures into this house and so thank you, speaker. You commenced our little ritual but we will not be too long for people are I know awaiting lunch and so we

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Wai 1040, #4.1.2 will leave you to be hungry so that we can give our speeches with a good listening crowd and from week one until this day, we have arrived, we have come to listen, to see what the state of play is. It is good to see you all, thank you. To you, the elders there sitting at Te Taumata, so greetings to the Tribunal and to the Crown, the John Key government. So after lunch we will hear the words of our witnesses, after lunch. WAIATA ?? 10 Purea nei e te hau, horoia e te ua, whiti, whiti ra e te ra, mahia ake n, praruraru, makere ana ng here. E rere wairua e rere ki ng ao o te rangi, whiti whiti ra e te ra, mahia ake n praruraru, makere ana ng here.

KARAKIA ?? 15 piti hono, ttai hono ttou te hunga kua wheturangitia mai rtou, piti hono ttai hono ttou ra e huihui ng wairuatanga i runga ttou matua e tangi nei e huihui nei ki a ttou huri noa [Mori Content 12.44.00] tn koutou, tn koutou, kia huihui nei ttou. Haere mai, e mara te huri Waikato he krero e au nei tn ng krero ka riro i ng porewarewa ki Mott ki Mott ki Pupuahiahi kore ki taku mako e ngarongaro ai i k mai nei korekau he toa ka toa ahau hei kkau whakapapa hei rongo maria ki Kawhia moana. Haere ana au ki ttahi taha o te awa mai ki mai ai taku taketake na wai ra koe e hmai ng kauri t whakapato rangi rewarewa ka tere te tai kapu ka tere te whakaaraara ko Tono Piunga ko Whara whenua, whano, whano haere mai te toki, haumi e, hui e, taiki e. Kti ra e ttou m ko te tuatahi pa taku whakamoemiti t ttou kaihanga Ko te tuarua ki a rtou ki a koe taku matua, e Tarena, ptai an kua tae mai i runga i te ata nei n ko koe tn [Indistinct 12.44.39] kei roto i ng whenua kei roto titi aue te matua haere, haere ra koe hikoitia i ng hikoikoitanga o ng tini ng mano ko koe tn e hoenga te waka huhu o te uri te tai pai ki muri ko koe tra te matua e haere atu ra ki te tatau e popoare nei to ttou nei kaihanga ki te oranga tonu whakamutunga kore ahatia e kore e tae au ki t ki t kaupapa i te ata nei koina haere haere haere atu ra Me pnei ra te krero mutunga ra ki maunga e t te p e t te ao, [Indistinct 12.45.15] ko te kokona o [Indistinct 12.45.16] e aue, e taukiri e ka hoki mai waenganui i a ttou kia ora mai ttou tn koe matua [Indistinct 12.45.25] e ttou m korekau au e t whakaporea taku taka heoi an ka tuku mai e taku matua te honore mku ka t pnei hei tautoko ai ki taku maunga e t mai kei mua i au,n reira ra, n mhio taku turanga ka t ai hei tautoko kei roto i ng krero te kara mn korekau a Henare e t ai tautoko, , he krero noa iho, heoi an i runga i r tkanga waiho ake o ttou makuku puna tohu tnei e t atu tautoko e te rangatira e t ai kei muri i au n reira ra e ttou m koia tn koutou, tn koutou, kia ora mai ttou katoa. Trans Introductory chant.

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Wai 1040, #4.1.2 Observations to the Lord. We have only just heard this morning that an elder is to be interred today and now you row your waka onto the other side and to the Creator, world without end. Although I was not there this morning at your interment, farewell, farewell. 5 Greetings everyone. I will not be too long but I am standing in support of the previous speakers. I am here to support and in the time honoured words of home, if there is no support of a statement, then they become just mere words. And so we know that there is a chief standing before you. WAIATA ?? Taiamai te tai o ng parirau, te manu e rere atu nei o Taiamai e t te p, t te ao, ka taka puriri o Taiamai ki te manu, kotuku e reira kotahi kti a kaikara. Ko Ngti Hineira ko Te Uri Taniwh ko Maikawa te Hineruawhenua, Ngti Rangi, Ngti Kawa, Ngti Rhiri, e t tonu nei e. Here we are gathered here to discuss the matters of our ancestors. N reira ra, na te matua nui i te rangi ko Rangiatea nana an hoki te papa-t--nuku e wharikihia na ra ko koutou nei ra ko mtou ko Ng Puhi e hui ai ake hui nei i runga i te kaupapa e waihotia m ttou ku tpuna a ko ttou tnei tn ttou, tn ttou, kia ora huihui mai nei ttou katoa Kti ra, e ttou m, hono whakarane ake ana engari te huatanga o ng mihi e te uri taniwh e Ngti Hine ra kite atu i a koutou kua hoki i ng mahara kia whare hauraki m na ki r o ng kaumatua na reira tn koutou, e ttou m The mind returns to Pari Hauraki and the others of the elders who have passed on. There are a couple of panui. Just a reminder that Ngti Hou, Hine are in the dining room kitchen today. I see a few media people coming in. Can you please report to me over the lunch period. Also a reminder about the hui that I talked about yesterday, it is very relevant that people know that on Wednesday, June 30th at 9.30 am at the Parawhenua Marae, Te Kotahitanga o Ng Hapu Ngpuhi will be discussing Week 3 of this hearing, the arrangements, the programme, the venue et cetera. So that is at Parawhenua, Wednesday the 30th of June. The second kaupapa is The Settlement of Ngpuhi Treaty Grievances, also which is another big topic, it will be discussed that day as well. Apart from that, really we need to get to lunch. It is approximately 12.45 now. We will resume at 1.45, at quarter to 2. If you can be back in here by 20 to, we will start bang on at quarter to. Kia ora ttou. Luncheon Adjournment

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WEEK 2 DAY 4 SESSION 2 [11.49.55] FINISHES WEEK 2 DAY 4 SESSION 3 STARTS

Hearing Resumes KT 5 - - - and Mr Gray Theodore. Mr Theodores evidence will follow that of Mr Porter, so I will introduce them take the opportunity to introduce them both now, sir. If I could perhaps just turn to two housekeeping matters in respect of their briefs. Mr Porters brief is document B14. There is a typographical error in the first page, sir, sorry, this is page 4, paragraph 13, Marera Tupe should be E, not an I. Sir, I would just leave to file an amended brief to correct that. Likewise, with Mr Theodores brief, which is document B34 to follow, Mr Theodore wishes to place some further whakapapa from his maternal side on the record, and again I just seek leave to file that amended brief, sir, thank you. 15 Just by way of an introduction to the evidence of Mr Porter and Mr Theodore, who filed a claim Wai966, I note, sir, that that claim is one of the few in this inquiry that is aimed solely at the Crowns failure to uphold the sacred covenants in Te Tiriti O Waitangi, as signed by their tupuna. Mr Porter and Mr Theodores claim does not include a claim for land loss or loss of resources. Their claim will not proceed to stage 2. This is it for them. Wai966 is lodged on behalf all of all of Ngpuhi. The evidence of Mr Porter is compelling. He will provide a unique insight as someone trained in traditional birthing methods in the whare wananga, into the mana in its various forms imbued into a child at birth. You will hear about Mr Porters great grandmother who, as a 12 year old child was present at Waitangi when Te Tiriti was signed. Her words provide a fascinating account of the days leading to the signing of Te Tiriti, and the after-math. It is Mr Porters evidence that for the tupuna, the essence of Te Tiriti was the extension of citizenship to Queen Victoria and her subjects under the mana and rangatiratanga that existed at that time. Sir, if I just turn briefly to Mr Gray Theodores evidence, and make some introductory comments there. I note that Mr Gray Theodore is a direct descendant of two signatories to Te Tiriti O Waitangi on both his maternal and his paternal side. He is a direct descendant of Makoiri Taonui who signed Te Tiriti at Waimate, and also a direct descendant of Weiho who signed Te Tiriti O Waitangi. He provides a vivid account of the commitment of his tupuna, to the sacred nature of Te Tiriti. Mr Theodore describes the churchs involvement at Waitangi and their role as agents of Hobson. His evidence speaks of the sacrifice of those who fought to the death to uphold what they believed in, that in signing Te Tiriti, the rangatira never surrendered their mana or their rangatiratanga. Sir, I will ask Mr Porter to speak.

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Wai 1040, #4.1.2 Pereme Porter reads to his Brief [1.49 pm] PP I have a paper here on which I have written a few things, which you may have yourselves already. The conception, birth and growth of understanding this for me is more than pertinent. It is essential. A Mori infant in a mothers womb, which is referred to by my grandmothers and great grandmothers as te uma atua, the divine womb, also known as te ahurewa, the sanctuary of harmony I sometimes question the harmony is imbued with manifold mana, authority drawn from various sources, the first of these being mana tangata human authority; the second, mana toto authority from blood kin; the third mana ttai authority from genealogy; the fourth, mana tupuna ancestral sovereignty; the fifth, mana whenua ecosystemic sovereignty, and then number 6 mana atua divinity. Mana tupuna is planted in each person and during the course of their life a Mori individual will put a face to what has been grown from that seed of sovereignty, captured in the phrase whakaaroarotia ng whakaaroarotanga o ng whakatranga to put a face to what has been grown. Whenever a person does a mihi, a waiata, and by virtue of their responses to the situations, the outputting of face to mana tupuna and to what has been grown, everything that we have, everything that we recite needs to have a face must be given a face. Mana ttai, authority vested from genealogy, also draws its powers from links to ancestors wherein a person stands not only with the living but also with the ancestors. You will notice I did not say with the dead. I will not pay tribute to the dead and gone. I will not do that. But I will pay tribute to the ancestors because they are still with me. If they had been divided and have been taken from me, then I have no link, and I will not consider living without any link to my name, to my ttai, to my toto. And I cannot conceive, I cannot perceive any perspective of them being gone and lost. Mana ttai also includes the genealogical descent. Mana toto, authority vested from blood, kin and mana tangata, human authority also refers to human relationships. 35 As a child grows, they may show disposition and proficiency towards a particular mana, for example, an aptitude for working with the land, mana whenua, and thus they will be directed towards occupations concerning mana whenua. That is how I grew up. Fundamental to understanding is to know that Mori culture is a culture of relationships. Now, that is not new. Of course I am not writing or talking about anything that is new. But it may need a revival. Our existence is based on our relationships with everyone and with everything and everyone in Te Ao Marama the world of light as creatures who whakapapa to the source of that creation, the creed of the cosmos. Our whakapapa goes right back there, starts from there and goes back there. Mm? You would go to different whanaunga and in different areas and depending on where it was being held, the focus would be on different things but all did whakapapa. No matter where you went. It was all about geniality.

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Wai 1040, #4.1.2 I was trained in oh, boy, you have this in writing I was trained in traditional birthing, or midwifery, if you will. The midwives are male in my lot in Matangirau, Wainui and what have you in those days. Things have changed I believe. It was the best training I ever had, ever. We had two or three birthing trees. Now, these birthing trees were tapu. They were not just any tree, and you are going to have to believe me when I tell you I never saw one pigeon landing on those trees, which is a pity really. Never saw a kookaburra on any of those trees. They seemed to know that there was something special about that tree, and I am not surprised about that in any way, shape or form. We talk about who and what we are, we give a name to this water that is out here, we give a name to that tree. Nobody is without a name and everything in creation, as far as Mori people are concerned, has a name. And as a consequence of having a name, there is a relationship, and that relationship is about preservation (one), and two, to make sure that it keeps on preserving. I am getting carried away here. Yes, here we go, going back to the birthing. Here we go. It was the best training I ever had. We had two or three birthing trees, and the young women who travelled to the trees to give birth there I would carry the whiskey jar. I was a little boy, who was taken along for training, and they always had their whiskey jar, and I thought Beauty. One day I will be able to get a taste of what whiskey. They never gave me a drop. The first baby I delivered was when I was 14, and the mother was about 16 or 18. Imagine that. Can you picture that? Mm? Sixteen or 18, not much older than I. I knew her as we had grown up together. It gets worse. At that point in my life I would have much rather have done anything else but this. I had to support the mother in a semi-squat there semi-squat. I had to support her in a semi-squat, hold baby up to the five winds and the five tides and do the incantations there. When I reflect on that, whoever brought in this thing about birthing lying down on your back no, not like that semi-squat, so when baby comes out, nei the whae, the matriarchs can hold baby there. Am I asking for asked to go back to that? No, but there might be an implication. And then, yes, up to the five tides and the five winds, and then I would hand baby to the matriarch, my word in Pakeha for kuia, the matriarchs, the village matriarchs. Every village had one, two, three, four some had 10. And they were the bosses they were the bosses, whai ng whaea they were the bosses. Ko rtou k ng kaitonotono n, tonotono i ng tne me ng taitamariki n, ko ng whaea nei, n te aha te take, n te mea kei roto i a rtou e mea ana ng mana kei roto i te uma n. Mana ttai, mana toto, mana ttai n mana katoa kei roto i te uma o te wahine, n reira i whakatngia ai kei a ia te krero mutunga n. And I make sure my wife does not speak Mori. Trans 45 They would order the men and children to do things. Why, because within them they have the mana all within their bosoms and that is why they have the last word.

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Wai 1040, #4.1.2 PP I stood to deliver my first mihi when I was 14 here at Waitangi. Now I I came here in those days with my great grandmother, Marera Tupe the granddaughter of Hemi Tupe who was a Treaty signatory. And I came here with her and she was the one who held the mauri to some extent, or Whangaroa, Wainui and so on, and so forth. Anybody from Wainui in Tauranga, if you disagree with me, you will have to Oh, someone said Kia ora? You know, and all of that took place in a little village, in a little village. The matriarchs did the teaching in a village, eh? What has happened to that? Kei hea ng whaea i aianei n, nna he aha koutou i tuku i te mana ki ng tne n, e kore ra e taea e mtou te pupuri i te take ko koutou k te uma Where are the mothers today. When did you give the mana to the men that we, men cannot possibly hold onto that mana, because you are the sanctuary for that mana. They were the sanctuary or harmony. Pick that up again. Pick it up again. If we want to put our iwi if we want to put ourselves back on the map, if we want to build again we need to rebuild and we have to go back to those original sanctified tikanga. Okay, soon be long, soon be long. Marera Tupe oh, boy, oh, boy. And I recall her saying, and this has stuck with me, I recall her saying i rongo khore i kite, i kite khore i rongo. Trans PP 25 You heard but did not see saw but did not hear. Now, she was talking about the day of the signing of Te Tiriti. I said to her, I did, cheeky little fella you know, and I have added in there, perhaps this statement was more metaphoric, but powerful none the less. She spoke of the outgoing tide and incoming tide, both meeting in the middle at Waitangi, and then hearing the river cry. Now that is not hard to accept, because when the two tides meet I grew up in a fishing village in Matangirau the centre of the universe. When the two tides meet, the wind that is created between the meeting of those two tides, there is one wave that comes up that where one comes up the other, and there is a tunnel through which the wind goes, and you can actually hear it. I have heard it, I have heard it, and she pointed that out to me. And then she goes on to say, Waitangi reached its prominence as a landmark after that event, in 1840. But Te Tiritis significance only came, or not only came, but was verified and substantiated by the late Matiu Rata, Matiu tn koe, ka mihi atu ki a koe. She also stated, i kite khore i rongo, i rongo khore i kite Some heard but they did not see. Some saw but did not hear. This is a profound observation from a 12 year for a 12 year old child to make. From the mouths of babes we can clearly see that intentions and understandings are pretty effective.

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Wai 1040, #4.1.2 Point 19. For our part, the essence of Te Tiriti was our tupuna this is what I believe, this is what I am choosing to believe, and this is where I will stay. I will not move from it. And I am not an activist. Okay, here we go again. Here we go for my part the essence of Te Tiriti was our tupuna extending citizenships to Queen Victoria and her subjects. Okay? The hui that took place during the five days prior to the signing was a discussion about the allowance of Pakeha to be among us in our independent nation. Nei? Rwhiri [Ph 2.09.04] was already an independent nation with our own sovereignty. We did not need to cede to anybody. Clearly it was offering the opportunity for Mori in total to dwell together, but not under Crown rule as Hobsons statement is so readily interpreted, but under the mana and the rangatiratanga that existed at that point. That is our mana and rangatiratanga and that if Queen Victoria as it was, such as it was at that time. The effort for people to validate have I jumped a page. Gosh I'm good. Alright, I forgot to turn the page. And then Henry Williams produced another version. Now, all you Mihinare--and I am a Mihinare, are not going to like what I say kei te pai tn truth remains truth. This version fraudulently inferred cession The Treaty thus a fraud and was not our document. Not our document. We did not cede, we did not cede sovereignty to anybody. What we were doing was extending citizenships to Queen Victorias and her citizens. I do not recall ever being told by my great grandmother or anybody else that I am now no long a Mori, because that is what it seems to imply, if I am to accept that we ceded. Nei. I am no longer a Mori, I am no longer Ngpuhi, I am no longer Ngi Takoto, im n longer Ngti Miru, I am now an Englishman. And why would our tupuna, why would they do anything like that? Hm? They would have wisdom enough to know looking at the culture of England at that time; they would know that England did not have a culture. England inherited it from Rome. Rome has in turn inherited it from somebody else. And so on and so on and so on. Why would my tupuna want to emulate the same nebulae? Why when they had the opportunity to now to put one together, to put a culture together. Okay, moving on my citizenship and tangata whenua does not have to be justified. Da, da dad a go back a wee bit. Te Tiriti has a mauri and a mana and tapu of its own, however the interpretations of it have caused it to lose some of its mauri and mana. When it takes on Mori and Pakeha political connotations and gets used as an affirmation of our place as Mori in Aotearoa, is a wrong use of Te Tiriti, and it diminishes both Te Tiriti itself and us as people. I detest the implication that Te Tiriti gives me the authority and status I always had. I did not need that from anybody else. I do not need nor want to be the subject of a debate or have my rights recognised in legislated form. I and only I carry my mana, and the mana of my tupuna mai r an ki tnei ra. Trans From ancient times unto this day.

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Wai 1040, #4.1.2 PP Our mana and rangatiratanga was inherited always existed. It was not just created in 1840. Te Tiriti was simply an affirmation of this at a particular point in time. I am rangatira. We all are rangatira. The effort for people to validate us, and our rights under Te Tiriti has removed me from who and what I really am. It has turned me into a qualifying factor as the Crowns apparent rights on the Crowns apparent rights. However, I am understanding of this whawhai nonetheless, but it is wholly apparent to me that this whawhai is simply born from misunderstanding, and worse than this, is nurtured and grown from a lack of desire for truth. I am going to get thrown out of here. It is one thing to not understand, it is another altogether to not want to understand. Treaty rights may have become the vogue, and a central political consideration with every political party coming out with something, some policy around it, but rights is not a Mori way of thinking. We do not think abut rights. How does a culture which talks on concede, concede, and concede talk about rights? Nei? Nku te rourou, tu rourou Trans PP 20 Your contribution and my contribution. There is nothing there about rights. Who changed that? Okay, Waitangi by using it in this way detracts, almost totally hides the original intent of Te Tiriti O Waitangi and it has become a grand tool for politicians. Oh, boy. Okay, the betrayal of trust. And on this I will end. My grandfathers brothers will go to Waitangi every year. One of the reasons for being at Waitangi at that time was a consequence of the Gospel. We also need to remember that. Another statement that has been passed through the generations in my whanau is ka hinga mtou ki roto i te whakapono e kore tnei hoariri e taea te traki te aroha o te Atua We all fall into faith and the enemy cannot separate us from the love of the Lord. We are fallen to a foe that we cannot conquer. We cannot conquer the love of God. That is the Mori way of viewing the Gospel. Ne? Te rongopai, ko te aroha o te Atua e kore e tae te traki Good word. The love of God cannot be separated. That is what they thought of aroha. They would be thinking of their own aroha. The aroha is not about love, not about romance. It is about responsibility, about being responsible. Okay, coming to the end alright, here, this is an interesting comment too that was made by my grandmother, and what my great grandmother one of the things that was asked, and I had to ask it, I could not help myself I said to her, I asked her the question, He aha tu i kite, e krero ana koe i kite khore i rongo, i rongo khore i kite, tana whakautu, n wire m ng taiapa Trans What do you mean when you said you saw but could not hear, and heard but could not see. She responded, The wires of the fences.

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Wai 1040, #4.1.2 PP Fencing wire. Mm? She apparently alluded to the fact that what disturbed her most was seeing fencing wire because now land that was there, that belonged to everybody, everybody could grow your kumara, and whatever, whatever go out to the beach and get kourahou nobody owns that the fencing wire came in and thus came the birth of owning Papa-t--nuku, aue taukiri e. Is there a solution? Oh, there is one. Okay. Oh, here we go. My granduncle Kingi Porter was a minister of the Anglican Church and another Kingi Porter was the orator, and another, Eraia Porter was their scribe, and would record what was said at Waitangi. I have read those writing of his, and it is clear that their whole reason for going to Waitangi was their faith in the truth. Not so much the day itself. And I think I have gone on about that. I have spoken about that so on and so forth. Yes. Now, then, the Mori view, the Church was expressed by my granduncle who went on to say, after he had been there for quite a while, in the Anglican Church, I heard him make the comment, and I will close on this, me kanga ttou i te Haahi Trans PP 20 We were cursed by the Church. And I tried to work my way through that. I tried to work my way through what he had said. I found it difficult to accept that the Church would curse the people. I could not work it out, so I had to ask the question, He aha te take koe e k n e krero nei n te Haahi a ttou i kanga Why do you say that statement, the Church cursed us? And his explanation was, the word Mori M-A-O-R-I means somebody who gets their counsel from the underworld. Paganism;. We were known as Mauri, M-A-U-R-I and we were given the title we were given that by the Church M-o-ri. As far as I am concerned, the church cursed me. Me kanga n te Haahi, te Haahi a te Atua, e mhio ake ana au kei konei koutou ng Minita o ng Haahi nei, he Minita tnei e t atu nei n, engari kore au e tuku i tr ki te koraha noa iho takoto ai,ka taria mai ki raro i te tah o te whare, wharikitia ki reira, ma te whare koe e whakaw ahau. Ma te whare ahau e whakaw n, ko te tonu au ki tn krero i te take ko te ingoa k m ttou Mauri Trans 35 PP The curse by the Church, the Church of the Lord. I know the ministers of the faith are her, M-A-U-R-I change it! Change it, and take on board rangatiratanga. Mauri. I do not know how the political scenes are going to deal with it. I do not really care, but I am saying to all of us here, E k atu ana ahau - - - I am a minister who is standing here, but I will not leave that statement just in the winds to be blown about, I will bring it into the house for the house to deliberate and adjudicate on me. But I cleave maintain consistent unto that statement, because the name the property name for us is Mauri.

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Wai 1040, #4.1.2 PP Change it. Go back to M-uri. Mauri. Te Mauri o te whenua, te Mauri o te awa, te Mauri o te rangi, Te Mauri o te uma, te mauri ko ttou n. Huri noa, huri noa tn koutou, tn koutou, kia ora mai ttou katoa. No, we have no questions.

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[Maori content 2.21.12] Speaking of matangirau [Ph 2.21.06] now we hear these words from this hapu, and we hear that it was the Pakeha who wronged us. They did bad works to us. We have just heard the evidence and the hapu hear these words, and we see the white heron of matangirau flying into the heavens. Sir, Mr Gray Theodore is next.

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[Maori content 2.22.52] The commencement of enlightenment is observations to Jehovah. He created all things. Let us praise his name. Mapere [Ph 2.23.11] is the tap root, Te Awahu is the mountain. Parawhenui is the marae, Tuitaniwha is the people, Waitangi is the river on the side of our father. The Waitangi River flows underground. those marae. Ngati Rehua on the coast is the iwi. So here we are, the descendants of Peta, and our elder, we arrived here to support our elders and our leader in his evidence. Greetings to the Tribunal, to the taumata. Gray, the time is yours. The spirits of our ancestors, our matriarchs, you have their spirit and enlightenment is upon you. May Almighty God protect you and keep you.

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Gray Theodore reads to his Brief [2.25 pm] Trans Greetings Ngpuhi. Here supporting the words here, to our many losses that we have experienced that are upon you, greetings to the Waitangi Tribunal, to you Judge, greetings, to you Kehe and Tiranganui [Ph2.25.48] who cared for us at Auckland in our time there. You have come to our lands where I was born at the side of the Waitangi River. T Rhiri ko Whakaruru ka puta ko Kaharau ka moe i a Kohinemataroa, ka puta ko Taurapoho ka moe a Ruakiwhiria ka puta ko Mahia i moe a Hau ka puta ko Nghoia i moe a Tautahi, ka puta ko Wiremu ko Inu tae noa ko Tara Hawaiki, t Tara Hawaiki ko Te Wheoke i moe a Amamai. Ka puta ko Irihapeti i moe i a Rupene Taonui, ka puta ko Ripeka i moe a Tiatoa ka puta ko Pari i moe a Huhana Pohutukura ka puta ko Pta i moea Akanihia ka puta ko te Mangai e krero atu nei ki a koutou T Rhiri ko Ahuaiti ka puta ko Uenuku, i moe a Kare Ariki tana ko Uewhati, ko Uetaroa, ko Ueoneone i moe i a Reitu o Waikato ka puta ko Tpoto, i moea Tawake-iti. Ka puta ko Kairewa i moe a Waimirirangi, ka

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Wai 1040, #4.1.2 puta ko Whetu moe i a Miringa, ka puta ko Rotai i moe i a Puangahua ka puta ko Te Maro i moe a Hikapiri, ka puta i a ko Te Haupopoti ka puta ko Wairewa, ka puta ko Ptiki i moe i a Ruaiti ka puta ko Hiwi i moe i a Hinewai, ka puta ko Ani Patene i moe i a Wetimana ka puta ko Hana i moe i a Arena Npia. Ka puta ko Hare Npia i moe i a Kararaina Karaka ka puta ko Akenei i moe i a Pta aku teina nei ka puta i tr marenatanga. Tn koutou, tn koutou e Te Tiriti o Waitangi. I roto i ng krero o Hopihana i honoretia ai ttou, engari te mutunga o te ra i tana mahi i tkinotia ttou tae mai ki te ra nei i wera ai ttou, maku e krero atu n, ka puta mai taku Mangai, he krero m Waitangi. Whakapapa offered. Rhiri who made Wakaruru and begat Kaharau who married Kohinemataroa and begat Taurapoho who married Ruakiwhiria and begat Mhia who married Hau, and they begat Ngahoia who married Tautahi they begat Wiremu, and Inu begat Tara Hawaiki and begat Te Wheoke who married Amamai and begat Irihapeti who married Rupene Taonui They begat Ripeka who married Tiatoa and they begat Pari followed married Huhana Pohutukura and begat Pta married Akinihia and begat myself. Rhiri begat Ahuaiti who begat Uenuku, who married Kareariki, begat Uewhati, Uetroa, Ueoneone who married Reitu of Waikato. Begat Tpoto who married Tawake-iti who begat Kairewa who married Waimirirangi who begat Whetu who married Miringa and Rotai who married Puangahua who begat Te Maro who married Hikapiri who begat Te Haupopoti and begat Wairewa, and begat Ptiki who married Ruaiti who begat Hiwi who married Hinewai and who begat Ani Patene whom married Wetimana who begat Hana who married Arena Npia and begat Hare Npia who married Kararaina Karaka who begat Akenehi who married Pta who married and unto my younger siblings, who were the fruit of that union. Greetings through the Treaty of Waitangi. In Hobsons words, We were honoured but at the end of the day his works resulted in only our desecration. GT 35 My first experience of The Treaty of Waitangi was I was six years old, was in 1940. Now it does not need much mental arithmetic to know how old I am now. My mother and father, my grandmother and others brought me on this big black car that my uncle Wimaraki [ph 2.34.17] had come down to this big black car. We came to Waitangi. I remember sitting under the pohutukawa trees there and looking up at the sky beautiful day and the clouds were there, looking as though they were cotton wool that had been thrown up into the sky, and I was watching. Was a beautiful day, a big crowd, but transcending all of that were the men of the 28th Mori Battalion 500 to 800 of them. They were there for the celebration of the one hundred years of the signing of the Treaty of Waitangi. I watched them. Man, some of them were only 10 years older than me 16 years old, in the 28th Mori Battalion. They had guns, real guns. At

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Wai 1040, #4.1.2 that time we used to play cowboys and Indians back in the marae we had sticks. [Indistinct 2.35.33] battle of the field. Bang, bang, youre dead. Bang The Mori Battalion had real guns. At their final ceremonial parade, they were immaculate, only 16 years old. They presented arms, about turned, and marched off the Waitangi Treaty grounds. Running beside them were grandmothers, grandfathers, fathers, mothers, their wives, sons, daughters, sweethearts, children, trying to hold onto them for one last time before they left Waitangi. But they were trained to perfection. Left, right, left, right. When they held on they just fell on the grass. They embarked overseas to protect and in their song God, King and Country they went out to protect the Queen the King, who a hundred years previously had wrote in this document Kti ake n koutou e te Kuini. A royal protection. And I want to say that royal protection operated on us out on a sliding scale. That is, it slid completely off us, and it has protected the government parliament ever since. So much for the royal protection. They went overseas. No reira koutou e tama m o te rua tekau ma waru e hinga nei i mua i te mura o te ahi, a takoto mai ra koutou i tpuketia i ng rua whakautu o twhiti pmmao. Moe mai koutou, moe mai koutou ki au t koutou moe, i te ttahatanga o te ra, e te atat e kore koutou e warewaretia. Khore aroha atu inoi atu i tnei ka tuku te tangata kia mate a ia m ana hoa e te rua tekau ma waru ka mahara mtou ki a koutou i roto i t koutou himene peka nei te matenga, tau mai ko te pouri nui e te tama a te Atua tnei arohaina mai. Ngaro nei o mtou hoa riro atu ki te p, tangihia i muri nei tnei arohaina mai - - Trans O to the brave sons of the 28th Battalion who fell and have been buried in foreign fields rest in peace, may you rest in peace. At the end of the day and in the morning you will not be forgotten. There is no greater love doth has men than he lay down his own life for his friends. To the 28th Battalion, we will never forget you in that hymn. The head is bowed and great sadness befalls us. O, the Son of God, love us, show us your love. We have lost our friends to the night. May you weep them and show them love. That was my first experience of The Treaty of Waitangi 1940. From that time on, on the many maraes in the Bay of Islands, Kotahi an te krero i rongo ahau ko tnei, he tapu te Tiriti he kwenata

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That answer defied logic and reason. It was a statement made by all those kaumatua from here, but combined here. So I grew up, I said Goodbye Treaty, goodbye Waitangi, I am off to Auckland. Find me a job; find me a wife, house, children, and a fortune. I got them all bar the last one a fortune. I had a good time in Auckland until 1975 when Matiu Rata moved this bill, The Treaty of Waitangi Bill. And suddenly it all came back. And when they moved that bill in 1975, oh, there were heaps of experts on their typewriter, tick, tick, tick, tick magazines, books, the lot. Their focus was on the kill, rather than truth. I went to a Hinoto [ph2.42.26] of Aotearoa, at Ngaruawahia and the experts on The Treaty that day were Bishop Muru Walters, and the late Mori Marsden. And I was walking

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Wai 1040, #4.1.2 along, going along to my tent and Hone Kakano said, Gray, I am going to throw you in between the two others. I said, What for? He said, So they wont tell any lies. 5 Time passed, and I was invited by Ngati Hine to come to talk to them about Te Tiriti O Waitangi. At Makapi marae in Pipiwai. The rest is history. I went throughout New Zealand over 100 seminars, from Te Kawe in the Far North, to Murihiku in the far South, from Waitara in Taranaki, to Raukoro at [Maori content 2.43.16] on the East Coast. I have been to every major city bar Gisborne, Greymouth, and Queenstown. I have been to the major maraes. I have been to Paremoremo, to Mt Eden. I have been to some of the greatest and the most flashest churches in New Zealand. You almost need a forklift to lift you out of the carpet. And I have been some Mori maraes; it was more warm outside in the draught than staying inside that marae. Holes everywhere. Cold, but there they listened to me. And I want to say I have been before Court Judges, professors, emeritus of histories from around the world. I have been to the gangs, the Black Power, the Mongrel Mob. I will not forget the time I went to Paremoremo Prison. I began, spoke about some rangatira who were involved in The Treaty. When we call for a break for morning tea they shot out of there so fast I thought, Well, I'm not going to see them again. When they came back, they were all there, and they were holding up grubby pieces of paper, and they said, You talked about my tupuna. I never thought anybody would come here and talk about my tupuna. He said, Here is my whakapapa. Ko tr te tirir e mhio ana ahau. Trans GT And that is The Treaty that I know. I did not have a sanitised audience. Neither were they selected. Most of them. Most of them were the little people. When I say little people, the mothers who were finding it difficult to put food on the table, clothes on their children. You fellows know what I am talking about. I had better get back here the book of words that I have just quoted you my whakapapa. Now I will give you the whakapapa of The Treaty of Waitangi. I hainatia Te Tiriti o Waitangi te tuaono ng ra o Pepuere te tau kotahi mano e waru rau, e wh tekau i Waitangi. I hainatia Te Tiriti o Waitangi i te kawa o ng ra o Pepuere te tau kotahi mano, e ware, e wh tekau i te Waimate. I hainatia Te Tiriti tekau ma rua o ng ra o Pepuere i Mangu i roto Hokianga. Ka hoki mai an ki Waitangi tekau ma whitu o ng ra o taua marama o taua tau ka hainatia an Te Tiriti I Waitangi. Ka haere ttou ki Te Waitemata i te toru o ng ra o Maihe ka hainatia Te Tiriti o Waitangi i Tamaki Makarau i te rua tekau ma waru o ng ra o Maihe ka hainatia i Manukau Te Tiriti o Waitangi. Rua tekau ma waru o ng ra o Apereira i haintia i Kaitaia, te whakapapa o Te Tiriti o Waitangi pnei. Ko Te Tiriti o Waitangi te whakapapa ko Ngpuhi, ko Ngpuhi te whakapapa ko Te Tiriti o Waitangi.

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Wai 1040, #4.1.2 Trans The Treaty of Waitangi was signed on the 6th of February 1840 here at Waitangi. It was signed, The Treaty of Waitangi, on the 10th of February in 1840 at Waimate. The Treaty of Waitangi was signed at the 12th of April at Mangu in Hokianga. On the 17th of that month, of that year, The Treaty was signed again here at Waitangi. We go to the Waitemata on the March The Treaty was signed at Auckland. And the 28th of March The Treaty was signed at Manukau. And the 28th of April, The Treaty was signed at Kaitaia. The whakapapa of The Treaty is thus. The Treaty of Waitangi the whakapapa comes from Ngpuhi of The Treaty of Waitangi. That is the mana of the whakapapa of The Treaty of Waitangi. To me, to Ngpuhi - - GT 15 The Treaty of Waitangi has no has no whakapapa to Ngpuhi. It was not signed here. Tr te mana o te whakapapa o Te Tiriti o Waitangi ki au o Ngpuhi. The Treaty of Waitangi was never signed here. It has no whakapapa. Ka haere mai a Nukutawhiti i Hokianga ki Puketapu i runga tnei taha o Kaikohe ka noho i reira i kon ka tat mai o mtou tpuna o Te Uri Taniwha o Ngti Hineira. Ka noho i te whenua e kitea nei te taurangatira i kon kua kitea mtou te toka, te taurangatira i kon. I pnei ng krero o aku tpuna kei runga tito koutou marae, t ttou marae ko te taurangatira, i kon ka krerotia o ttou tpuna i mua i te taenga mai o ng Pkeh, ng take e p ana ki a rtou, ng whawhai ng rhui, te w harere ai rtou ki te moana. Trans When Nukutawhiti came to Hokianga to Puketapu, this side of Kaikohe and he resided there, and our ancestors of Te Uri Taniwha [Ph 2.47.45] came and gathered, of Ngati Hinearo [Ph 2.47.53] and resided at Te Taurangatira. And we see the rock there - Te Toa Rangatira. This is what my ancestors used to say, just above our marae, is Tao Rangatira. That is where our ancestors before the coming of the Pakeha, the matters that the battles, the restrictions that were placed, in the times that they will go to the sea. They said we did not have any Mauro [Ph] politics, our governance. To me that was governance. I translated Hare Matengas manuscript. It took me five months. I am not a brilliant expert like Pat Hohepa or the others, but I found there 75 percent of the history of Taiamai Bay of Island, that was missing, is in his manuscript. Hare Matenga wrote, Mhurehure were the first to live at their pa, at Hariru Taurangatira that was easy. They followed Nukutawhiti around. After that, whakaeke later be known as Ngti Whakaeke lived there. There land stretched from Rangaunu, Te Waimate and Te Puketapu. They were followed by Tautahi- later became know as Ngti Tautahi. Hare Matenga wrote Te Wake who became known as Ngai Tawake owned all that land from Puketapu to Lake Omatere, where Hautere had built his pa. Tapuwai Haruru.

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Wai 1040, #4.1.2 Htere was the father of Hongi Heke who built his pa at Okuratope a pa that is only about 300 yards away from my fathers ancestral land. It is still there today, and he warned us, Don't go over the other side of my fence. It is tapu. When you are eight years old, you dare not go over the fence. It was tapu. In 1850 the Reverend Samuel Marsden slept there one night, along with his biographer Nicholas, and in the morning Nicholas wrote those words, We were awakened by the crushing harmony of a thousand organ bells singing early in the morning at Okuratope Well, singing of the English nightingale is inferior to the singing of the bellbird. Nicholas was referring to the komako, the bellbird of Aotearoa. Ngai Tawake land crosses the Waitaki River. They owned the relationship enjoyed a relationship with the few whose land is situated in the Waitangi Valley. Today Ngai Tawake are remembered as Ngai Tawake ki te waoku, Ngai Tawake tuawhenua, Ngai Tawake ki te taku tai moana. Ngai Tawake hap have traditional rights to Tauwhara and Waimate North. As well as providing a colourful vibrant history to Te Waimate prior to English settlement. Te Uri o Hua related to Ngai Tawakealso lived at Puketapu. I have outlined above, briefly, as the area which the imperial forces invaded, just a few short years following the signing of Te Tiriti. There were no better place to fight Ngpuhi than at the centre of their traditional mana tangata, mana whenua, tau o ng rangatira i a Lake Ompere However we will discuss that further. There has been a mistaken view that Aotearoa Mori, prior to European settlement had no body politics like this. No governance or semblance of decision-making or governance. In our communal living decisions communal living not communist that are a political party. Living decisions were made that affected the whole whanau, hapu and iwi in regards to mahengakai, gathering of kaimoana, fishing, warfare, felling of trees, rahui of whenua and moana. Hear the genius of te whare wananga leadership and personnel played a major role in the communal decisionmaking process. The role of tauhaunga was of paramount importance a necessity. Their knowledge, experience and honed over a lifetime are commited to the welfare and safety of their iwi, determined that their collective decision in communal governance. Te Tauranga rangatira played a huge role in the decision-making of our ancestors prior to European occupation of Bay of Islands. As far as we are concerned that was Mori self-government. Aperahama Taonui was the son of Makaieri Tainui. He was the older brother of my great grand-great grandfather Reupene Tainui. This is where I depart from the statement written by an accepted Treaty historian and expert who wrote Makaeri Tainui was a pagan, and seemingly, in her view, never accepted the Christian faith. I refute that statement. Makaieri Tanui lies buried in the Williams Memorial Church at Paihia, where he laboured during the years of The Treaty of Waitangi. Makaeri Tainui named their sons Aperahama Taonui after Abraham the Father of the Hebrew race. He named his second son Raniera after the postexhalic [Ph 2.55.04] prophet that was taken captive by [Indistinct 2.55.11] Daniel Raniera Daniel. He named his third son Rupene after

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Wai 1040, #4.1.2 the tribe of Israel, one of the 12 tribes Reuben, and he had another son Maungaraoa Mountain of Peace Calvary. Now someone stand up and tell me I am wrong. Kia krero ake au i tnei mea i te kwenata. 5 Trans GT We speak of a covenant. What is a covenant? Good question. That defied my limited thinking capacity for quite a few years. Covenant making is found here. And I am not ashamed to tell you that it was found here, this is the only place you will find covenant making. You will find it in the 15th chapter of Genesis. God had said to Abraham, Abraham I will bless you and Abraham was an old man of about 80 years old. He said, Your seed will be as the stars in the sky, a multitude, and as the sand below your feet, so shall your seed be. So here was Abraham, a very old man of 80 years old, and he turned to his wife Sarah who was 20 years his junior, a very beautiful lady the Bible tells us, and you can imagine Abraham going around and saying, Sarah, Sarah, do you think I am too old to cut the mustard any more? And Sarah looked at Abraham and said, I don't know about you old chappie, but the chassis here looks pretty good. I will tell you why she I will give you a chance he said, Whats that? She said, Here is my handmaid, Hagar. Have a little practice on her. Well, suddenly the mustard that was in Abrahams face disappeared and he had red blood just like someone on the TV the other night. The result, E pnei ng krero o ng kaumtua khore te penehi nei me te mte, e hei te noho, te moe ttahi i ttahi o rua kotahi. Ka ph tturu. Trans GT 30 The elders say the oil and the match cannot be put together. They will explode. Hagar had a son and Abraham said, Hagar, I got trouble, what, he said, The handmaiden you gave me, she is pregnant. What? And Sarah kicked Hagar out and their son Ishmael. Ishmael is the ancestor of the arid nations. Abraham in time, and Sarah had a son. His name was Jacob. He is the ancestor of the Jewish to the Hebrew race, and those two races are at war right down today. If I say, Oh, oh, yes, Ngpuhi, get your dusty bibles off the shelf. Read it. Do not be afraid of it. Mine just fell off. That is a covenant. And Abraham said to Moses, I will make a covenant with you. To Abraham, and Abraham said, Oh? What is it? And God said, Get me a three year old heifer, a three year old ram, a three year old she-goat, a turtle dove and a pigeon. Truss and divide the beast in half. Put one half here, of the ram, another half here. Put one half of the she-goat here, the other half there. Put one half of the heifer here, and the other half here, and wait for me. So Abraham waited, and the bible records in Genesis 15:17, When it was dark Abraham saw a lighted lamp and a burning furnace pass

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Wai 1040, #4.1.2 between the two halves. Now Tindale, when he translated the bible into English, they were going through an industrial revolution, and they certainly knew what a burning furnace was. It was the iron period in England. And he certainly knew what a lighted lamp was. They had started to light the gas lamps in the streets of London. So the bible that they had translated a burning furnace and a lighted lamp. Not on, the original Hebrew translation said this, The Shania glory of God passed between the two halves. Alright? Now, I am not the Shania Glory, but I am wanting you to know I thank you for your camera put it away not on me and when we had gone past the protocol of covenant making was complete. Abraham let my life be like these if I do not keep my covenant to you. Covenant making in it simplicity simple. Beautiful, ah, so very dangerous. 15 Trans GT 20 Trans GT Now, alright. Furthermore, the Mori bible is in two halves, or two sections. Te Kwenata twhito me Te Kwenata hou, ko mhio k rtou i Te Kwenata The Old Testament and the New Testament. The final thing I want to establish is this, as an Anglican priest, I am familiar with this. Alright, you fellows do not turn to the front, it is empty. We have this in communion. Te Hapatapu a te Atua. The last supper. And when I serve the people who are kneeling in front there, these are the words I say. Inumia tnei hei tohu mhara i ng toto o ttou Ihu Karaiti o Te Kwenata hou i tukua nei hei murunga hara, ko mhio k rtou he aha tnei mea Te Kwenata. Koinei Te Tiriti e Kwenata ki a rtou. This in remembrance of the blood of the Lord Jesus Christ of the new covenant to take away all sins. They knew what the covenant was. War. War was made on Ngpuhi. The British history says, Hone Heke was a rebel. Hare Matenga said, ka whawhai, tmata whawhai a ng pkeh ki a Hone Heke The Pakehas fought with Hone Heke. Mine is another reason. In 1840 Hobson was broke. He had no money. He wrote to England, wrote to Australia, and they say, Generate your own money. You want land. So they saw the land up there, and they fought Ngpuhi. If they had wiped the Ngpuhi out they would have taken the country by conquest. The governance of The Treaty of Waitangi was too slow. They were broke. And they are still broke today. We have over a million dollars billion dollars in overseas deficit today. That battle split the people at home in half. tahi ka huri ki te whawhai i ng pkeha tahi ka huri ki te whawhai i ng mori. Some fought for the Pakeha, some fought against the Pakeha.

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Wai 1040, #4.1.2 GT I just want to say one thing here, very briefly, very quickly. You know the story of The Treaty makers. Hobson, Williams was the first arrived here. In January the 20th July 1823. He was the greatest missionary we had. The old people honoured him. But todays Mori people who have been to the university have caught up with the history and they think otherwise. The second principle of The Treaty of Waitangi was Busby who arrived here, May the 3rd on the boat Imogene, captained by Captain Blackwood. The third person arrived here; he made his first journey here in 1837 on the boat Rattlesnake. Now, Rattlesnake, as far as the bible is concerned in Genesis chapter 1 is the symbol of deception. It was the serpent that deceived Eve, and the whole human race. The serpent is mentioned in the first book of the bible and in the last book of the bible, Revelation chapter 20. By the time we get there it says that the serpent deceived the whole world. Hobsons DNA was already sorted out by divinity. He was here to deceive. Rattlesnake; He arrived on the second boat 1840, the Herald. The rest you know. In a few short days they had got The Treaty together. Translated it into Mori, presented it to the Mori on February the 5th up here at Waitangi. The total time given for the Mori to discuss that at Waitangi was four and a half hours. At 4 oclock that afternoon he called for a public meeting to be held on February the 7th, giving February the 6th as a lieu day for the Mori. The sea of mass missionaries bless their bleeding hearts, went back, and this is what they wrote. You will find this in Colensos book on The Authentic and Genuine History of The Treaty of Waitangi, page 29. This is what he wrote: Consideration was given this morning that the date set for February the 7th be brought back to February the 6th. What did that prove? It proved this. The sea of mass missionaries were more powerful than Hobson. He was only a boy. On February the 6th, I am covering this fast, Williams recorded, Oh, the Moris are going up to Waitangi. They want to sign. It could not have been any otherwise. I have here Williams answer to the Bishop Sullivan. What did you tell the Moris? Four pages away. In it he mentions the Queen 24 times and in The Treaty of Waitangi, it is only written 13 times. I told the Moris Her Maj I told them. Hobson came from The Herald, and he made the outstanding statement, As this is not a public meeting no discussion, just sign it. Prior to that, on February the 5th, the loose sheets of The Treaty was given to the Reverend Richard Taylor to be copies afresh on parchment, to be presented next day to be signed. Reverend Richard Taylor said, I stayed up late, copied it, and I kept the original in lieu of wages. The Reverend Richard Taylor was told by Hobson, Rewrite this with the alterations suggested by Busby. Was it altered? Yes. I want to call Mereama. It was altered and I have to say that and I think I am running out of time, but I will finish here, I am going to read this in English and Mereama, who is a great friend of Pereme and I, we have known her for years, lawyer she is, but to Pereme and I she is a deep friend that we value. You will find this

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Wai 1040, #4.1.2 in Deuteronomy chapter 17 beginning from verse 8, I will read it very brief, two verses, and I will read it in English, and she will read it in Mori. One word was altered. Right; 5 Verse 10. There shall not be found among you everyone that makes his son or his daughter to pass through the fire or that uses divination or an observer of times, or an enchanter, or a witch. Kei kite au i roto i a koe ttahi mea ana e tana tama, e tana tamahine ranei. Kia haere i roto i te ahi ttahi tohung whakaaro ki ng tohu ttahi kriana i ng mea kei mua, ttahi tohunga mori, ttahi tohunga makutu ranei. GT Or a charmer, or a consulter with familiar spirits or a wizard or a necromancer. Ttahi tohunga whawhaia ranei, ttahi koiwi i te Atua mori, ttahi matamaori ranei, ttahi koiwi i te tppaku. 15 GT Our original identity was Mauri, M-A-U-R-I. In the year 2000 I was at an early morning service at Waitangi, and I heard a ringatu priest pray, and this was his prayer. E te Atua e whakawhetai atu an mtou ki a koe te w i haere mai mtou i te hekenga nui ki Aotearoa ka mauria tinanatia mai e mtou te mori kei konei tonu i tnei r O Lord, we prayed to you at the time we came to Aotearoa. You brought the Mori here and we are here unto this day. Mauri, M-A-U-R-I. Time will not permit me to say that, you will find this in Mori Masters book, The Walvern Universe page 34. The words Maori M-A-O-R-I, is found here. When they translated that and altered it on the evening of February the 5th we were confined as workers of the devil, the household of darkness, the underworld, three times the word Maori is mentioned here. I know I am going to run into a lot of controversy with the Language Commission. Erema, where are you? This is my proof. I can do no other. Finally, and I close with this, Genesis, chapter 32, Jacob wrestled all night with a man, and at the break of day the man said to him, Let me go. Jacob said I will not let you go except you bless me. The man touched his thigh and became a cripple, or disjointed. And Jacob said, What is your name? The man he wrestled with did not answer. And the man he wrestled with said this, From henceforth your name shall not be called Jacob but Israel. The original tribe of Israel, the state of Israel. The man departed and the closing words, and I close here, are these, Jacob said, I have seen God face to face when I wrestled with him, and my life has been preserved. Tr ttahi poropiti i kreroita. Trans GT Is a prophet. 3,750 years ago that is what Jacob went through. 160, 170 years ago this man Kawiti wrote this, E te whnau i pakanga au kite atu i te p nei,

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Wai 1040, #4.1.2 khore au i mate. Takahia te riri ki raro i o koutou waewae kia ki te whakapono, he pai pkeh koutou ao a muri nei. Waihotia kia kakati te namu i ng whrangi o te pukapuka hei konei ka thuri atu, kei takahia e koutou ng papa pounamu o koutou tpuna takoto ana ai, tito rtou ki ng taumata o te moana. T ttou waiata kua mutu i aianei, ko Te hokinga mai o Te Tiriti o Waitangi, ki Waitangi, tmatatia t ttou waiata Trans 10 I fought with the Lord tonight. I did not die. Trample anger below your feet, cleave unto the faith. After me you world will be a Pakeha world. Wait until the insects close the pages of the bible lest you disturb the resting places of the ancestors. Our closing hymn today Te Hokinga mai The return of the Treaty of Waitangi to Waitangi. ?? 15 Trans [Maori content 3.16.10] As well as support the evidence you have just heard. In week three you will hear my evidence, but Gray, I want you to support you as you give witness about the things you have seen, so thank you. And thank you to your whanau. Yes, close your speech with the appropriate waiata.

WAIATA 20 ?? Thei, mauri ora, ehara i te mea Te Taumata tnei t ehara nei, engari he whakatautoko i ng krero a tnei o aku tamaiti e t ake nei, tn pea a roto o ng wiki e toru, a tr ka rongo koutou i au, e krero ana m taku kinga o Kerikeri. Heoi an ko tnei e te tamaiti e Te Rei [ph] tn koe e krero nei ng huatanga e rapua nei e ttou i roto i tnei ra. N reira e mihi atu ana ki a koe, e mihi atu ana ki taku whnau i manaakitia ai koe i roto i tnei w, n reira he whakattuki i ng krero o, ou krero e ka koeitatia[ph] t waiata ko Te Whakahokinga mai, tt mai

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Tangi a te ruru, kei te hoki hoki mai e, e whakawherowhero i te putahitanga, naku nei ra koe i tuku kia haere, tn puritia iho nui rawa te aroha e. Te hokinga mai tn koutou, tangi ana te ngkau i te aroha, t tonu ra te mana, te ihi, o ng tpuna kua wehe atu ra, mauria mai, te mauri tangata. Hei oranga m te morehu tangi mokai nei e rapu ana i te ara tika m ttou katoa. Te hokinga mai, te hokinga mai t tangata tonu Trans The hooting of the owl can be heard at the confluence of the paths. It was I who set you free. But when you do, hold fast to love. You have returned I greet you. And love wells up. And the mana, prestige of our ancestors, comes amongst us, and convey here the Mauri of the people. and for the people who weep inconsolably as comfort for them.

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MIHI 40 ?? Kua oti aku krero e k ana te krero, e hinga atu ana, heke te kura ko rtou tr kua wheturangitia moe mai rtou. E haere mai ana he ttkura ko ttou nei ng uri o ttou matua e tangi nei e mihi nei ki a

Wai 1040, #4.1.2 ttou, huri noa i te tunui e t nei, tn koutou, tn koutou kia ora huihui mai ttou. Trans 5 JC AI JC AI 10 Trans AI When one chief does another chief comes forth and we are those people as we lament for them. Kia ora, Mr Theodore. Mr Irwin, do you have any questions? Yes. If you could just remain there for any questions. kti tn rawa atu koe e Kara tnei te mihi atu ki a koe. Kotahi anake te ptai atu ki a koe Greetings to you, sir. I have but one question of you. At one stage of your presentation you held aloft a piece of paper and I think you said it was an account by a Bishop of the signing of The Treaty. Is that correct, and could you tell us about that piece of paper please. Yes. It was Bishop Broughton of the Anglican Church, or the Church of England it was not Anglican who wrote from Australia. And this is what he wrote: Bishop Selwyn rather it was Bishop Selwyn, I am sorry. Bishop Broughton encouraged the missionaries to get The Treaty signed, but Bishop Selwyn said to Arch Deacon Henry Williams: St Johns College, June the 30th, 1847, My Dear Arch Deacon, A letter from Lord Grey to his Excellency, Captain Grey, which has lately arrived and which you have probably seen in the public newspaper distinctly denies the right of the New Zealand to their unoccupied lands. An entire violation as I conceive of The Treaty of Waitangi. As you were commissioner by Captain Hobson to interpret and explain The Treaty to the natives both in the north and the south, and were expressly directed by him in his official letter not to allow anyone to sign until he fully understood it, I hereby request you to inform me in writing what you explained to the natives and how they understood it. That was his letter, and the reply of the Reverend Henry Williams three pages. AI JC 35 GT JC GT Thank you, sir. Would it be possible for us to get a copy of that and if that were possible. Maybe we could do that through Mr Theodore, maybe we could do that through a request because the Tribunal also would appreciate a copy if we could do it through a - - I cannot hear you. Sorry, maybe we could do it as a request through your lawyer and she can coordinate. Would you - - You want a copy of this?

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Wai 1040, #4.1.2 KT JC GT 5 AI Yes, sir, we will make that available. Sorry, Mr Theodore, I just asked your lawyer, and she is going to sort it out with you. Alright, yes. Kti kua pai tn, a tnei hoki te mihi atu ki a koe, nhau an i whakatakoto i o whakaaro, i o krero i mua i te aroaro o te Taraipiunara n reira tnei te mihi atu ki a koe. Thank you very much for your evidence. I was to say this, personally I have got nothing against the personnel of the Crown Law Office, but I do have against the system that you operate under. Mr Theodore, kore he ptai mai i a mtou ki a koe Mr Porter, engari he mihi, he mihi nui ki a krua i tae mai ki te krero i ng krero i tukuiho mai ki a korua. N reira ng mihi ki a krua a ng mihi ki a koutou o te whnau e haramai ki te tautoko i a ia, e tautoko nei i a krua, ,tn krua, tn krua, tn ttou, e Pta. There are no questions of you, sir. Thank you very much. So support the whanau who have come here to assist. e Kia Ora r ttou, e ttou ma e te Judge, khore k he tino pnui engari e kite atu ana i ng tangata e hau tonu mai ana, ehara i te mea kei au ng krero engari e haere tonu ana ng mihi ki a koutou katoa I have no new notifications but I see some more newcomers coming in. Greetings to you all. After the tea break, te Hone Mihaka, and te Hikaroa Parker, so I am going to exercise a bit of rangatiratanga, not tino rangatiratanga, and say that we return at 3.50, ten to. Please do not report me to your unions. But otherwise, Judge no more panui. I will give the call because we do not want to be here in darkness and in the cold please. Kia ora tatou.

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Afternoon Adjournment 30

WEEK 2 DAY 4 SESSION 3 [3.26 PM] FINISHES WEEK 2 DAY 4 SESSION 4 STARTS
Hearing Resumes KT Kia ora, sir. I am again standing in for my colleague, Ms Tuwhare, as counsel for Mr Hone Mihaka, who will now give his korero. Just a brief introduction to Mr Mihakas evidence, where he provides an intimate and personal account of the prosperous world of his tupuna and Taiamai as well as their link to Queen Victoria and their response to Te Tiriti. This response was to simply continue to exercise their rangatiratanga as they

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Wai 1040, #4.1.2 always had. Importantly, Mr Mihaka tells of Maketu and the events that followed his death. Kia ora. HM 5 Kia ora. I want to mihi heoi an kua mihi k so I have already waited for 170 years for this opportunity and I do not really want to waste the 45 minutes that the Crown has afforded me. So I will get right to the matter. You have got a copy of my brief. Can I see where the Crown is? Is that you, are you representing the Crown, those people over there? Kia ora. I just want to know who I am addressing. Well actually, Mr Mihaka, you are addressing us, the Tribunal. We are listening to your korero. Oh, are you? Yes. Tena koe matua. I have not got any issues with you. I have actually got an issue with those fellas over there. Talk to us and they will hear you. Kia ora, kia ora ra. Roughly my brief just talks about some events that happened from 1770 onwards when Captain Cook arrived here. I can tell you that this is not recorded, but the earliest example of our ancestors actually trading with Europeans was an event that took place in 1778 when two of our tupuna, or my tupuna, climbed on a whaling ship out here in the Bay of Islands and left and went on a journey for four years around the world. One of them came back in 1882 and shortly after his arrival back, he actually died. But he spoke of what he saw, and what he saw over there on his journeys was that he saw many wondrous things and everywhere he went he saw many, many white people. He had never seen those people before. There were millions and millions of them wherever he went to. What he talked about and what we remember is that everywhere he went, those white people had black people as slaves, and we have never, ever forgotten that. This is in 1782. So when he came back, he died shortly afterwards. He spoke of two ladies that were there that looked after them. One looked after him while he was sick before he came home. One of them, her name was Ellen, she was a white lady, and the second one, her name was Dorothy and she was a black woman. When he came home he told his brother about that and his brother would name his two daughters, one he would call Erana, who married a guy called Arthur Edmonds who was the son of a guy called John Edmonds who had brought a woman with him called Mary Strickland. That man built the stone store in 1834 down in Kerikeri stone store basin. The other daughter he would name Tarati, and today some of those descendants, the Hekes and that, are still sitting here today. So as a consequence of that event, we have two European names that were in our family prior to the written recordings of the missionaries, which started around about 1815 when old Samuel

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Wai 1040, #4.1.2 Marsden arrived out here with Ruatara. Today my daughters name is Erana Ellen, my sisters name is Erana Ellen, named after those early contact that our tupuna from Taiamai had and made with the Europeans. 5 Trade is nothing new to the people of Taiamai. We have been trading since the beginning of time and should you stand on top of my mountain, Te Ahuahu, which is right in the heart of Taiamai, should you stand on that mountain with me, by the time we come down that mountain you will have seen all of the beautiful gardens that my tupuna once put their hands to. So I hope that is enough. I am going to just now fast forward a little bit further to the time of Hone, and I do not need to talk about all of that stuff too much because there are many, many great orators who stood before me and have spoken about all of those marvellous things that Hone and others did. I want to acknowledge my uncle who was standing before me. Tena koe uncle. Tena koe te matua. Also to my uncle who will be standing after me, and all my other mummies and daddies out here and brothers and sisters because we are all whanau. I am saying this, notice this Mr Crown, all of my mummies and my daddies out there, not my aunties and uncles and first cousins and distant cousins, because in our culture we do not understand that as well as you do because all of these here are my whanau. Anyway, I want to come forward to gee, have I covered that part all right? Excellent. Can you go back on the picture there? I will just do my whakapapa very quickly. Hinaira, from Hinaira married a man called Ruia I am going to say it in English so that everybody understands. Hinaira married a man called Ruia and they had a daughter called Nawa. Her first husband was to a man called Ngamotu and they had a son called Hauangiangi. Hauangiangi married a woman called Kare and they had a son called Pehiriri who married a woman called Kuki, sister to Pikimaui, Haimoana Wiremu Katene and all those whanau. Kia ora whanau. They had a son called Mihaka. Mihaka married a woman called Kewetaumanu and they had a son called Eruera. Eruera married a woman called Te Aroha Karena. Her father was a man called Hira Karena, whose father was a man called Puhi Karena, whose father was a man called Puhi, who is the brother to Waikato, who went with Hone to England. Kia ora whanau. Heck, I have got a lot of aunties and uncles and brothers and sisters in this room today. Eruera married Raiha, they had a son called Hone who married a woman called Te Aroha and those two had my father called Te Hira. I want to go back Hinaira. Hinaira married her second husband, who was a man called Te Waha Awhakahotu. His father was a man called Whakahotu who married a woman called Utuhaka. Kia ora Ngi Tawake. Tewaha and Awhakahotu, those two begat a son called Kohukohu, who married a woman called Tauterekura, they had a son called Kaitara. He

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Wai 1040, #4.1.2 was an ariki, believe it or not. My uncle, who stood before me, talked about a place called Taurangatira. He was one of those ariki that used to gather at that place with all of the ariki of Taiamai and they would make their determinations in terms of processes and governance of their whanau and their hap, long before the white man came here. The place is called Taurangatira, not too far away from here. I will get to that later on. Kaitara married a woman called Inu. Kia ora Ngati Pou. They had a son called Tekopiri. Tekopiri put his moko on a document in 1835 called Te Whakaputanga. That is his moko on there, He Whakaputanga. In other words, on that day he declared his sovereignty, his mana, his independence, whatever you want to call it, he stated that not for his own benefit because he already knew he had it, but he stated it for the benefit of everybody else who did not come from these islands for their benefit. He had a son called Ruhe and if you take a look at this picture up here, you can see it up in everybody can see that not that son, not that one, go back. This here is an artists impression of the signing of Te Tiriti o Waitangi on the 6th of February 1840. Sitting down on the right hand side there, can everybody see that image down on the right hand side? He has got a musket over his shoulder. That man there, his name is Ruhe. How do I know that? Because the Pkeh who drew this picture, he actually drew another one which is a silhouetted version, and it has the names of all of those rangatira who were actually at that event. Of course, some of you will see Kawiti there. He was there a month later, but you know how good us Maori are. Okay, so his name is Ruhe. Ruhe married a woman called Minaora and they had a son called Maketu, which is the next image. They also had another son called Henare, just to let you know. Henare married a woman called Emarimunu from Hokianga and they had a daughter called Reiha, Liza. Liza married that fella, Eruera Mihaka and they had my grandfather, Hone. Hone married Te Aroha Karena from Kaihiki Ngati Torahina, Ngati Rehia and had my father, Tehira, who married a woman called Lesina Marie Hardiman and had the loud mouth that is standing here before you today. Look, in 1840 our ancestors further reinforced their mana. I do not know whether they actually needed Te Tiriti o Waitangi because they already owned everything, or they were already the kaitiaki or however you want to put it. I am quite certain that my tupuna, after working with the pakeha for how long was it before the Pakeha had come? 45 years, 50 years, two generations. I am sure they understood the principle of ownership and kaitiakitanga in 1840, because that is how the white man worked. In 1840 my tupuna further reinforced their mana, their rangatiratanga by signing Te Tiriti o Waitangi on the 6th of February and putting their tohu on it. It was the son of Te Kopiri who put his tohu on He Whakaputanga. I have got a copy of Henare Manukas semantic thing. It is the English version. I really like it. I think it is one of the best versions that I have actually ever read because it was actually interpreted by a Maori from out

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Wai 1040, #4.1.2 of Maori into English, not by a Pakeha from out of Maori into English and I actually love it. I just want to look at this. I love the second the article number 2. I am just going to pretend that I am Queen Victoria standing here in front of a whole bunch of rangatira in 1840. I am going to thank the rangatira for inviting me here. I am indeed honoured to be here in your presence today. My name is Victoria, by the way. To you chiefs and rangatira, who have had some issues going on with you from all of these strange people that have been coming across the ocean, I thank you for inviting me to come here and be their governor. I am indeed honoured. Now I am going to turn to you, the French, the Americans and all of you bad white people that my Maori friends have been telling me about because they have been meeting with my family for about two generations. In fact, his father met with my grandfather in 1820. So to the rest of the world, and this is article 2, I, the Queen of England, will put in place and I agree that the chiefs, the tribes and the people of New Zealand will have full authority and power of their lands, their settlements and surrounding environs and all their valuables. However, the chiefs of the confederation and all other chiefs offer to me, the Queen, and I am honoured for this, I am indeed honoured. They offer to me, Queen Victoria, the exchange of those small pieces of land which the proprietors of the land may wish to make available according to the customs of the exchange and the equivalents agreed upon by them, not by me but by them, and the agent who is now appointed by me, Queen Victoria to be my trading agent. That is what I believe my ancestors signed on the 6th of February 1840. That is why they put their moko on it, because they were guaranteed sovereignty. They were guaranteed all of those things in article 2 of Te Tiriti o Waitangi. For that, they would honour that and memorialise that covenant that my uncle mentioned earlier. For the next couple of years they would behave like as though they were in charge of everything. Less than two years later an event would take place out here in the Bay of Islands which would have the whole of the Bay of Islands humming. My ancestor, who in 1840 was living out on these islands out here in a place called Motuaroa here, looking after a group of Pakeha who were living there on behalf of his whanau and his hapu, his name was Maketu and his father was Ruhe, who signed Te Tiriti o Waitangi on the 6th of February 1840. Maketu, on the 20th of November, would be charged and would be arrested for killing the man, the white man sorry, the Pkeh, Mr Thomas Bull, and why did he kill him? Because Mr Thomas Bull had killed Mrs Roberton, her two children and Moka and Rewas mokapuna. However, when they arrested him they framed him for killing them all. In 1841 they would apprehend him and take him to Auckland. However, a dispute broke out here in the Bay of Islands and the chiefs started to question well, who are you to want to take authority over life and death of one of our people? In fact, Hone Heke challenged them and that is

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Wai 1040, #4.1.2 written in the history, the missionaries wrote that. Hone Heke challenged them and it was that event that I believe that our ancestors started to realise that event, that single event, was where our ancestors realised that their sovereignty, their mana was about to be challenged by a foreign authority. Excuse me, Crown; can you take a look at that picture? Do you know that fella in that picture there? You should. His name is Maketu. Missionaries have glossed over the story and glossed over all of the events and have said that eventually Moka and all of the chiefs to preserve peace in the Bay of Islands so that our European traders do not get afraid of the Bay of Islands, to preserve that peace. They gave Maketu over to the European law and he was taken down to Auckland where he was hung and executed and he became the first Maori to be tried and hung under European law. That event took place on the 7th of March 1842, less than two years after my ancestors signed Te Tiriti o Waitangi. I have read all of the history books and every single one of them says that he was at fault. If he was standing here today, he would say what he said in those cells down there, I am guilty of no wrong act. I exercised my right as that of a rangatira and I took the life of that man who killed our friends. Everybody wrote about him and when he went to the gallows he did not go there like a meek sheep, crying that he had done something wrong. He went to the gallows with his head held high and in dignity, as is common of chiefs. He was hung on the 7th of March 1842. He is the first recording. This is my wife over here, she is a Te Wheu. She comes from Pungaru. In 1955 her uncle, and this is how close it is, her mothers brother was the last Maori to be tried and hung by European law on these islands. His name was Edward Te Wheu. 30 These sorts of things do not happen as a cause of consequence. They happen. What is the point of my story? I guess I better say this. I was asked right at the very beginning, about eight months ago, Hone, did your ancestors cede sovereignty to the Queen of England in 1840? I want to say no, but I am not going to. These events, I am hoping, will give you the opportunity to assess that for yourself. Okay, after the hanging Hone and my tupuna, Teuri Taniwha, we became very, very upset that my ancestors authority was being challenged and therefore the events or the relationships started to break down and that is exactly what happened. They deteriorated, so that by 1845, three years later, Ngati Hinaira, Teuri Taniwha, Matarahurahu and of course Ngati Hine, Ngati Manu, Te Kapotai and many of the hapu of the Taitama wahine would go out to Russell and they would attack the symbol of settler authority at that time here in Aotearoa, which was a flag that was standing up on top of Maiki, and they would chop that flag pole down not just once but four times. Four times they attacked the symbol of settler authority.

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Wai 1040, #4.1.2 That did not seem to work. The settlers were not too worried about that and history tells us that. So they stepped it up another gear. Let me tell you what else they did. In 1845 they then decided that they would attack the British colony or the European colony out here in Kororareka. It was not Ngapuhi that did that. It was Ngahapu o Taitama Wahine. They attacked that European colony out here in Kororareka in 1845. No one had ever done that before and that demanded a response immediately from governor. So what did he do in 1845? He would send his army. They would come up from Auckland, they would arrive in the Bay of Islands and then they would begin a march across, starting from here in the Bay of Islands, they would start to march towards those hapu that were immediately involved in the attacks on not only the flag pole but also on Kororareka and those hapu are Ngti Hinaira, Teuri Taniwha, Ngti Korowai, Te Whanau Whero, Ngti Rangi, Ngti Rhiri, Ngti Kawa and Ngti Hine and all those other hapu that were involved. If I have missed any of you out, I am sorry. They would walk across the lands of Taiamai the beautiful gardens of Taiamai, and in their wake they had only one policy. It is known today in military terms as scorch the earth. Scorch the earth policy. Wipe every single one of those mothers out. That is exactly what they did. The history books talk about how there were only 40 or 50 of our ancestors killed in those engagements. The first engagement that would take place is in a place called Mawhekairangi. Some people call it the battle of Puketutu. But us at home, we call it Mawhekairangi. That battle there, they say, that only 48 of our ancestors were killed in those engagements. The Pakeha do not know how many were killed. Our tupuna did not jump around and tell you how many that had died. Of course, we all knew how many British that our tupuna had killed. The second engagement would take place at a place now known as Ohaiwai and it was there that our tupuna introduced the British to a particular kind of warfare that they would hold onto, and then they would take that kind of warfare and they would duplicate it in the Crimean war or the Boer war and there the rest of the world would find out about it, so that by 1916 every army in the world was using that type of warfare, known as trench warfare. Today every army in the nuclear age utilises that type of warfare. I wont go into the descriptions of the battles, but we are all familiar with it because it is written in the history books and if there is not any clearer evidence to you, Mr Crown, that my ancestors did not cede sovereignty in 1840, then heck, I do not know what else there is. That is a written account and evidence that my ancestors did not cede their sovereignty on the 6th of February 1840. They did not give up. They fought and they shed their blood and they died for what was guaranteed to them in article 2 of Te Tiriti o Waitangi. There were hundreds that were killed. My uncles have told me for some of you out there, and this is the first time you are going to hear this, you have probably heard about it, that

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Wai 1040, #4.1.2 there were about 30 or 40 or 50 that were killed. However, we can confidently tell you that there were over 600 of those people murdered, slaughtered during those engagements. We have never spoken this. We have carried these mamae for the last 170 years. 5 If Maketu could stand here and tell you this today, I just hope that what I am saying today does them honour. I am sorry if I cannot put the message across good enough. However, I am going to do my best. In those wars, like I said, there were over 600. My matua before me, he knows, and he is a man of the cloth. He is an honest man and he will echo those same sentiments, as will he who follows behind me. Our ancestors gathered up those that were slaughtered in their silence and in their quietness and they buried them in a place known as Taurangatira, a sacred place to the hapu and the people of Taiamai. That place is exactly smack bang in the middle of the first engagement at Kawhiamairangi, Mawhiakairangi and also Ohaiwae, right next to a maonga called Maongakawakawa Te Ahuahu. For all of you, the whanau that know that place. Those fields are still there today, the puriri trees stand and they are gently caressed by Tawhirimatea, the god of the wind. The waves of the beautiful lake known as Omapere gently lap the shore side or the sea side and the koiwi of my tupuna and the tupuna of all those other whanau are still resting there today. Our ancestors gave their lives up and fought to the death for that which was guaranteed to them by Queen Victoria on the 6th of February 1840. Exclusive control and access. Nothing would change. I like Henare Manukas analogy that he used the other day. This is my ship, I am the owner, you are nothing more than my helmsman for only about a short time. When I no longer need you, you will have benefitted from me, I from you. You can go your way and I will continue to drive my ship forward. This is my modern day understanding of what my ancestors did on the 6th of February 1840. I cast my memories back to those who still lay there in Taurangatira and I want to share with you just something that happened 100 years after that event. In 1939 when once again that which was guaranteed to us in article 2 of Te Tiriti o Waitangi by Queen Victoria herself, when that once again came under threat, our ancestors from here, from these hapu, Ngati Hine, all of these other hapu, once again we would gather because once again our mana was under threat and jeopardised and in 1939, two weeks before, Her Majesty, or two weeks before the settler government, our ancestors would announce and declare war on Hitler. You know, last week I went up with my uncle up on Te Taurangatira, Uncle Gillie Kiharoa Parker, and my cousin, Hinerangi Ruhe. Although she carries the name Ruhe and I have the name Mihaka at the end, the blood that courses through my veins is no different to hers. I, too, am Ruhe. So I went with her and my uncle up onto Taurangatira how much time have I got? Another 15 minutes. Oh well then, let me

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Wai 1040, #4.1.2 introduce you to this guy here. You know that fella? Ngati Hine know him. They say that he belongs to them. Tena koe Erima. I just want to let you know Erima. I am going to take him back today. 5 Okay, so that there is Ruatara. My cousins name is Ruatara. Some of you know his father. I do not need to mention his name. He might get really brassed off if I did, so I wont. But you know his son. My cousins name is Ruatara, named after this man here. My great great great grandfather, Peherere, that is his mokapuna. We call him Ruatara Mihaka. Some refer to him as Ruatara Tauramoko. Maketu was his nephew and he, with Ngati Hinaira, Ture Taniwha, will stand alongside Hone Heke and Mata Rahahurahu, Kawiti and Ngati Hine and they would take the British to task. They gave their lives for their sovereignty. I just want to come back to Taurangatira. I marvel at my tupuna and the beauty of them. You know, I remember when I was young lying in Parawhenua and we all know this, those of us that are at home, when I was young, which was only about 15 years ago, I would lie in Parawhenua late at night at a tangi or at a hurakohatu or at all those kinds of hui and the old people never used to turn the lights out, they used to leave the lights on and they would stand up and talk all night. They would stand up in their corner, wherever they were sleeping, they would just stand up and they would start talking. They would recite their genealogies and then they would talk about a whole lot of things that their grandparents used to do. Every hui that is what it used to be like. Every single hui. The lights never, ever went out. Today we are so tired we turn the light off at around about 11 oclock and we want to go to sleep. We do not want to listen to people talking. I am just so glad that I was part of that era because there are things that I remember them talking about and on Parawhenua I used to hear them talking about the wars that their grandfathers and their grandmothers and that were involved in against these soldiers, these white soldiers. Of the hundreds that were dead that were killed in those wars and, you know, when I started going to a Pkeh school the teacher told me that there was only 20 that was killed at this battle and 20 killed at that battle and then I read it in a book and I grow up, by the time I am 15 I actually believed the Pkeh version more than the version that I used to hear on the marae, and that is what has happened. A lot of our whanau have grown up not too sure about whether our tupuna were actually telling the blimmin truth or not. However, and I am one of those, I never doubted it. I mean, I only just used to be sceptical. Because, you know, I have seen space men and all those sorts of things on TV. So I am going to be sceptical about what my ancestors are telling me. Anyway, all I can tell you is this, is that a couple of weeks ago I went for a walk with Uncle Gillie and my cousin, Hinerangi, and they took me up to Taurangatira and we walked around that place and all of the tupuna, and then Uncle Gillie says this is where the 600 or more are lying and are

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Wai 1040, #4.1.2 buried and in 1940 when Ngpuhi were gathering together their young warriors to go and fight against all of those bad people on the other side of the world, your ancestors, Hone, and your grandparents and that called to Ngpuhi and said when you train them you can come here and you can build your camp group, Maori battalion, on top of Taurangatira. In 1940 the 28th Maori battalion would erect their camp ground on top of Taurangatira. The descendants of those freedom fighters who fought in the wars of 1840, 1845, their descendants would train and learn how to fight so that they would receive the ihu, the wehi, the tapu, the mana of all of their ancestors who had given their lives up in defence of article 2 of Te Tiriti o Waitangi. I am only a young fella, I am a young grandfather. Where is my grandson? I just want to introduce the Crown to my grandson. His name is Tane. His name is Bailey Mihaka. I want you to remember that name, because I, like my whnaunga over here, old Erima, have this funny feeling that one day he will be standing in front of a place like this, just like his grandfather did, and will be talking the same blimmin message to another bunch of blimmin cronies from the blimmin government. Take a seat, moko. I do not know what else to say, other than on the 6th of February my ancestors did not cede their mana or their sovereignty to a foreign authority. All they did was reinforce their own tinorangatiratanga, their own mana. I hope that I have done them honour. I have waited I guess, like I said, 170 years to put this before you. Crown, I want you to remember that photo of my tupuna because I guess the question that I have to you today, I want somebody to be accountable for the murder of my ancestor. I do not want an apology, no. I do not want an apology. I do not want an apology. I do not want your money because, you know, it is true what my cousin said yesterday, you give us money, we are going to start fighting amongst ourselves, well do that. In fact, we are already starting to do that and the money has not arrived yet. I do not need anything from you, Crown, and I do not. All I want is for somebody to put their hand up and be accountable for the wrongs that they did to my ancestors when they gave their lives in defence of article 2 of Te Tiriti o Waitangi, and that which was promised to them by the Queen of England. That is what I want. When you give that to me, you can go back to Wellington and carry on doing whatever it is you do. I do not need you, you do not need me. Me and my people are here, we have been here since the beginning of time and long after you have gone, because one day you too will be colonised. I hear you already telling me theres a lot of other people coming here, theyre taking over our country. Join the club. One day you too will be colonised and one day perhaps you will be standing in front of those dark skinned people with the finer sharp points on their eyes who have married all of the Mori while they have been here and maybe our whnau might just tell you to go and jump in the

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Wai 1040, #4.1.2 lake. E ttou ma, e tangi ana te ngakau, ahakoa, e hotuhotu, e kapakapa ake, o ttou nei whatu manawa. Kei roto i ng krero, kei roto i r huatanga, e tangi tonu ana te ngkau. Trans 5 HM The heart is breaking for it is within the stories - - All I want is for somebody to take ownership of what they did to my ancestors and in doing that, just maybe, just maybe you will give us the opportunity, their descendants, to allow us to get rid of that mamae that we have carried for all these years so that we can begin to move forward in a much more stronger way that benefits not only us but also the rest of this nation moving forward into the future. Otir, e ttou ma, ka nui ng mihi ki a koutou, ki a ttou, tn koe Erima. Thank you very much, thank you. - - - Im really honoured youve come all the way from Wellington come and stand here by me, brother, and to all of the kuia and kaumatua, e pnei ana, ko te krero e ttou ma, ko te here o ng waka e whakawhitiwhiti krero, e whakawhitiwhiti whakaaro e ko te maramatanga, n reira r, ka nui ng mihi e ttou ma, he tirohanga mataara, he kitenga mutunga kore, he kitenga mutunga kore, ki a koutou r e te tepu, tn koutou e ng whanunga, nei r ng mihi ki a koutou, ki a koe e te Kwana, tn koutou, korekau e krero i t atu, tn koutou, kia ora mai ttou katoa. The binding of the waka that comes to discuss and to exchange views, warmest acknowledgments. A clear vision can show a wide view. Greetings to the members on the Tribunal. To the Crown, greetings to you, I have no other words to you.

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NG MTEATEA JC HM 30 Tena koe, tena koutou. Mr Irwin, kre he ptai? We just have a few questions. Judge, if you have any questions to ask me, you know, a couple of weeks ago you made me put in a submission and you gave me a timeline on that submission. So as a rangatira, if you have any questions for me, you can write your questions down and detail them and you can forward them to my email by 3 oclock next Tuesday, and if they are not there by 3 oclock next Tuesday, sorry, you missed the boat. No questions. The Crown have no questions. Thank you Mr Mihaka. I do have one point I would like to explore with you. You stressed the execution of Maketu in your story and you correctly said that your history differed from every history book that you have read and I certainly probably have read most of those accounts too. I am just wondering if you could share with us the way you came to have this knowledge of Makutu?

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Wai 1040, #4.1.2 HM Trans HM 5 Trans HM Kia tpato Be careful You know, we are metaphoric, us Maoris, n ng tpuna i hmaingia o nei krero ki au. It was the ancestors who gave me the evidence. My grandmother was a lady called Reiha. Nanny Liza they used to call her. Her uncle was Maketu and my dad to me that his grandmother used to tell him stories about her uncle and they said she said to him that those Pakehas had told lies about her uncle and it was her who had passed it onto him. He passed it into me. However, if one was to really, really look at the landscapes and at these whakairo and that our taonga inside all of those things, these histories are hidden and housed. Thank you very much for that answer. E Hone, e te rangatira, tnei r Te Roopu Whakamana i Te Trti, he mihi ake nei ki a koe, e mihi ake ana ki te hohonutanga o t krero, i whrikihia i mua i t mtou aroaro, ko te wawata r, kei te rongo i tr taha, i krero, n reira, ka mihi ake r ki a koe, ka mihi tn koe. Hone, te rangatira, the Waitangi Tribunal commends you for the depth of your evidence that you have placed before us and the hope is that the other side is also listening. So thank you very much, thank you. Kei te tautoko au i ng mihi ki a koe, kia ora rawa atu koe, m n krero, tn koe, tn koutou. I endorse those sentiments. Thank you, and thank you your group. Mr Afeaki, your witness to conclude today? Tn an ttou, te pae tapu, ng krangaranga maha, Te Roopu Whakamana i Te Trti, a Hone m, te hap, huri noa, huri noa a Ngpuhi-nui-tonu, huri whenua, Ngpuhi-kohao-rau. Kei te t ake au a mtou ko taku tuahine nei a Atareta Poananga, nn i awhina i a, Te Khara, kia roa o tna krero, mku e hoatu ki a ia. Greetings once more to Tepaia Tapu and to the Waitangi Tribunal, to Hone and the hapu of Ngapuhi. I stand here with my sister in the law, Atareta Poananga, who assisted Te Khara in crafting his evidence. Tn koutou ng rangatira o Ngpuhi, mihi ki a koe, ng whaea, ng kuia, huri noa ki ng tipuna katoa, tn koutou, tn ttou katoa, e te tpu, tn koutou. Greetings to the chiefs of Ngapuhi, the old, the matriarchs and the dames. Greetings to the members of the Waitangi Tribunal. May it please your Honour, my name is Atareta Poananga and I appear for my claimant, Mr Gilbert Parker. He will give evidence on his

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Wai 1040, #4.1.2 whakapapa, the arikitanga of Ngpuhi, the trade and economy of his ancestors, He Whakaputanga and Te Tiriti o Waitangi and its significance today. Your Honour, there are a few typos in the brief and counsel, with your leave, will file a further corrected brief. 5 JC AP JC GB Leave granted. May I invite Mr Parker to give his evidence. Kia ora. Kia ora Mr Parker, kei a koe te w. Tn koutou rangatira o Ngpuhi. Brief of evidence of Kiharoa Gilbert Parker. 10 Gilbert Parker reads to his Brief [4.40 pm] TBA Tena koe Mr Parker. Tena koe, kia ora Gillie. Did you want to tell the Tribunal about any of the pictures that you had from Taurangatira from your visit? GP 15 That area is where, behind those trees was where the Taurangatira was situated and in the front part where those rocks are, that are different burial areas under the rocks of that area. That is one of the Taurangatira pa. Ka pa tena, matua. Could you stay there and answer any questions they might have? Mr Irwin, any questions? No? I just have one question, Mr Parker. It is you talk about at paragraph 49 about people when they put an X mark on Te Tiriti, it did not necessarily mean that they agreed with it or it was their signing to the treaty. You say that the X could mean that they disagreed with the treaty. Could you explain some or could you explain more about how you have come that? Yes, that X mark when the chiefs were asked by the missionaries or whoever was sitting at the table, have we read The Treaty? If the chief said Yes, I have, Do you understand the treaty? He said Yes, I have. Do you agree with the treaty? No, I dont. So you are on your way, you dont get a packet of tobacco. Kia ora. I see people around you, I presume that, ko koutou r e tautoko i a ia me ttahi waiata r. The support group is going to sing a waiata. I have no further questions. Tihei mauri ora, ki te whai ao, ki te ao mrama, e Te Taumata, me mihi ake au ki Te Taumata e korerohia nei ng huatanga, ko Taiamai o Niu Tireni, ka mihi atu ki a koe, tn koe, tn koe. Ka mihi atu ki a koutou e ng kaikrero, ng tuhi [Ph] tapu o Ngpuhi, a, ka mihi atu hoki ki a koutou, ng whare whenua, tn koutou, tn koutou, Te Karauna, tn

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Wai 1040, #4.1.2 koutou e whakarongo nei ki ng mihi, me ng krero e krerotia nei. [Indistinct 5.07.11] kia , te krero e tangi ana a Ngpuhi ki Taimai, n reira, huri noa i t ttou whare, tn koutou, tn koutou, tn an ttou katoa. 5 Trans To the world of light, thank you to Te Taumata and to you, the orators, the taumata of Ngapuhi, to the top table, greetings. Greetings to the Crown entourage. Ngapuhi, greetings to you. Hold fast, hold fast and listen to the cries of Ngapuhi at Taiamai.

NG MTEATEA 10 JC Tena koe. Mr Parker, Gillie, ka nui ng mihi ki a koe, ki a koe e t ana ki te krero o ng krero o t hap, kua rongo mtou, kua mrama mtou i n krero i tuku mai nei ki a koe, n reira, ka nui ng mihi ki a koe, ka nui ng mihi ki a koutou katoa. Tn ttou, Congratulations Gillie, thank you very much in delivering your evidence pertaining to your hapu. We have listened and we are clear of your evidence proffered today to us. So thank you very much, thank you very much, thank you very much. Thank you very much ladies and gentlemen. This is the end of another enjoyable day where we have again been privileged to listen to some very enriching korero and we look forward to another jam packed session tomorrow where we again will gather to listen to some more korero. N reira, kua tae mai te makariri, kua [Indisitinct 5.10.29] te r, n reira ka huri an ki a koutou o te Taumata, hei whakakapi kai, hei whakakapi tika i ta ttou r. Ladies and gentlemen, the cold is now setting in, the sun has set. We hand over quickly to Te Taumata to close our hui. I mua o tr, hoatutanga ki te taumata e te Judge, heoi an, tahi pnui kei konei, engari, e, tautoko atu ana i ng mihi a te Judge, me phea r, he krero mai i te timatatanga o ng krero i te ata nei, i a Allan, tae noa ki Te Kiharoa, me Hone e rongo atu ana i ng mamae, n reira, e mihi tonu ana ki a koutou, ki a koutou r Te Whakaminenga, e kaha nei te tautoko i te kaupapa, mai i te mane, tae noa ki tnei te ahiahi o te Taite, ko app, ko te r mutunga, n reira, e mihi tonu ana ki ng tngata- ng kaitaka t i ng kai, ko ng hap o Ngti Hau me Ngti Hine, hmai te pakipaki m n tngata. Ko app, ko ng hap kei roto i te kihini, ko te hunga kinga, ko Ngti Rhiri me Ngti Kawa. I put a panui before that, Judge. From the commencement of our day unto this time with Tikihiaroa and Hone, we have heard clearly the grievances. So thank you everyone supporting our hui from this Thursday afternoon, we have one day left in our week. So thank you very much, Ngati Haua, Ngati Hine, give us a big hand of applause for those two hapu please. Tomorrow the hapu in the kitchen, Ngati Rahiri and Ngati Kawa.

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Wai 1040, #4.1.2 PT This is the programme for tomorrow. We will start at 8.45 sharp again. The first speaker will be Ross Gregory. The second, who is available for questions, is Rima Edwards. The next speaker is Tom Kahati Murray, Ricky Houghton, Dennis Hanson and Haami Piripi. We are taking a morning tea break, the programme is slightly different tomorrow than what you are used to. Immediately after the morning tea break, Ngati Manu, we will have a powhare for taonga that Ngti Manu are bringing in to our hui. Then we will be followed by Joyce no, sorry, we will have a short break after that for only 10 minutes and then we will have Arapeta Hamilton and Joyce Baker. We are looking to finish at 3.00 pm with the hakere. So that is the programme. We will get a hard copy and post it on the TV, on the screens as well, koia tn m app, n reira, kia pai to koutou hokihoki i te p nei, ka kite an i te ata. Have a good rest tonight. See you tomorrow. Tn r ttou katoa, tn r ttou katoa, e huihui tonu nei, tonu nei ki t ttou waka i tnei r, ahakoa, te whakamakariri o tnei w, kei konei tonu ttou, e huri ake aku mihi ki nei o ttou kai-krero o tnei ahiahi, ng krero i whakatakototia ai e rtou ma, ki waenganui i a ttou, e mhio ake ana i te pono me te tika o a rtou krero, o ttou i tnei w, ka titiro atu ki te huatanga o ng krero, me ng r, kei runga ttou i te huarahi tika, te huarahi h k rnei, n reira, i whakarongo ai ki ng krero katoa ki a koutou ma, kia aroha ki ttou whnaunga, e whakatakoto nei o rtou whakaaro ki mua i a ttou, n reira, ko tnei te mihi ki a koutou. N reira ka mihi tonu ki a koutou e mhio ake ana te r mutunga app, ka tae tinana mai katoa a ttou ki konei, ki te whakae, whakaoti i ng krero m tnei wiki, n reira, ko te noi ki a koutou, hmai, haere mai koutou me ng whakaaro nunui katoa, hei whakatakoto ki mua o tnei o ttou whnaunga o Te Taraipiunara me Te Kwanatanga i tnei w, n reira tnei te mihi ki a koutou, ahakoa, pouri haere te hra i runga i te rori r i nei r, mhio ake ana noi atu au, ki tahi o ttou whnaunga, ng kaiwhakahaere o te hui, kia whakatngia mai r atu ki waho r, i te wharanga o ttahi o ttou tangata, i roto i te pouritanga, mea atu au ki a rtou, tono atu ki Te Kooti, kua ware koutou e whakat ara atu ki reira, kia kore ai o ttou tangata e whara, i tae te tangata nei ki te haupere, ki te tirotiro i a ia, n reira, ki a ttou, kia ta haere i a ttou e hoki mai ana i te marae, ki ttou motoka, te kaha pouri o waho r. N reira ka mihi ki a koutou, ka huri ng mihi ki a koutou o Te Taraipiunara i tnei ahiahi, e mhio ana, e tonu mai koutou ki te waka i tnei r, n reira, ka mihi ki a koutou, ki a koutou o Te Karauna, ki a koutou mihi whnui ki a koutou katoa, e mhio ake ana, a te r app koe, kua hari koutou, kua hoki koutou ki koutou whnau, i koutou w kinga, n reira ka mihi ki a koutou. N reira ki a ttou ma, i te mea kua tae mai te ttukitanga o te hui i tnei r, e noi atu au tnei o ttou whnaunga o Ngti Rehia, mn e taupuke ake te hui i tnei r, i raro i ng noi. Trans Ladies and gentlemen, greetings once more. Though it is getting a bit cold, you people have shown great perseverance, you are here again and I would like to congratulate our speakers for the day and their

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Wai 1040, #4.1.2 evidence that they proffered to us. We know that the truth and righteousness is within their words, so it is for us to examine and study whether we are on the right path going forward. So we listen keenly to all the evidence and to our kin who stood before us to give their evidence, so thank you very much. Tomorrow is our last day, so lets all make the special effort to be here to conclude our work. So we ask that you come with your ideas to lay down before the members of the Tribunal and the Crown. Although it is getting a bit dark and the roads are gloomy, we should have asked for a light for outside because when it gets dark, people may use lawyers to sue us, for one person was taken to hospital. Lets all take care and travel safely as we go home. So thank you very much the Tribunal, as you have been consistent in your work. To the Crown team, tomorrow is our last day, you return to your homes and to your families. So ladies and gentlemen, we are now at the close. I call upon our Ngati Rehia chief. BA Kti r e Te Taumata, e tautoko ake nei te hua o ng mihimihi ki te Taraipiunara, tr Te Karauna, e mihi ana ki ttou kai-krero, ng kaiawhina, kei tautoko mai, mihi atu ana r ki a koutou e ng kaumtua, e ng kuikuia, ki ng hap whnau o roto o Ngpuhi-nui-tonu, he mihi whnui tonu ana r ki a koutou, kua tae mai nei ttou, ki te pounga o tnei r, te r tuawha i roto i te wiki tuarua, heoi, ko te tkanga an r, kia tuku atu he reo, ki t ttou kaihanga, tn, rapua mai hei waiata ma ttou, ka tukuna atu ai, a ttou tono ki a ia, waiata mai ttou. Endorsing the mihimihi to the Tribunal, to the Crown, to our speakers, to their support groups and to the hapu and whanau within Ngapuhi Nuitonu, we have come to the end of our day, this day four of week two. So let us close with praise to our lord.

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NG MTEATEA 30 Whakaria mai t ripeka kia au, tiaho mai ra roto i te po, hei kona au titiro atu ai ora, mate, hei au koe noho ai,whakaria mai t ripeka ki au, tiaho mai ra roto I te p, hei kona au titiro atu ai, ora mate hei au koe noho ai. . Amine. KARAKIA 35 He whai kororia koe e Ihowa o ng mano, kia mau tao rongo ki runga ki te whenua me te whakaaro pai ki a mtou ki te hunga kua whiriwhiria e koe, he iwi mu, he kai whakahpai t kororiatanga ki runga ki te mata o te whenua, koia mtou e tmanako ai e tat mai koe te tama o te rangimaria ki waenganui i a mtou he hmai i te mramatanga i te kaha i te ora, i t rangimariatanga tnei ra e P mtou kua tae mai nei ki te mutunga o tnei ra. Tnei ka inoi atu ki a koe kia hia mai koe o manaakitanga ki runga ki tn ki tn o mtou, e kaupiringa koe ng whakamtautauranga te ao, tiki huihui, tiki ruku atu kore ki pai whi ki runga ki o mtou tinana engari whakaorangia mai mtou. Kia parahia mai ng huarahi kei mua i a mtou e tae ora, e tae pai an e mtou ki te

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Wai 1040, #4.1.2 w kinga, ko koe an hoki t mtou kairahi kei awhina mai whiwhi tonu e mtou ki ng hua mahi i roto i t oranga tinana me t oranga wairua, kia tau tonu mai ra hoki t aroha noa e te Matua ki runga ki tn, ki tn, ki tn o mtou. Kia noho tonu mai ra ki a mtou e P te whakamrie te wai puta an, mna mtou e arahi ki te pono katoa inoi atu nei mtou ki a koe i runga i te ingoa o tu tama ora e te matua, aianei ake ake, e. BA Trans 10 Kti kia ora mai no ttou. Jehovah of the myriads, may you find glory and may you stay and congregate amongst us.

Evening Adjournment

WEEK 2 DAY 4 SESSION 4 [4.02 PM] FINISHES WEEK 2 DAY 5 SESSION 1 STARTS
Hearing Resumes NG MTEATEA 15 ?? Tama Ngakau marie, tama a te Atua, tnei tonu mtou, arohaina mai. Murua r ng hara, wetekina mai, nei herekino, whakararu nei. Tama ngakau marie, tama a te Atua tnei tonu mtou arohaina mai. Amine. He kororia, he maungarongo, he whakaaro pai ki ng tangata katoa, ka wehe atu mtou ki te Atua ki te rkau tapu, hono mai Papa-t--nuku, e Ranginui e t ake. Kia aroha atu mtou i raro i ana tohutia katoa, he whakaritenga m te r nei, he kohatu mtou i roto i ng whakaaro katoa, me ng mahi katoa hei mahi, hei mahi i waihotia mai tr o ng wairuatanga o ttou tpuna Patuone, kia mau te hohou i te rongo i roto i nei whakaritenga, koin tr i te Atua, ka akohia mtou whnau, hap, i roto i n, i roto i te h o te wairua tapu, kia haere atu mtou i roto i tou Atua katoa, ka tahuri atu kitenga o te hunga kinga o ku pp e te Atua, m an rtou, me ng kuikui e tiaki mai i te r nei, i roto i o rtou mahi katoa, tae atu ki ng mea, kua whakarite i te Atua. E te Atua kaharawa, ko ng karakia kua karakiahia i te ata, koinei, ka tapiri atu e te Atua ki ng karakia, kua karakia mai tn hap ki tn whnau, ki tn marae, na te mea, kotahi ttou e whakarite mai o ttou mtua ko koe tnei te Atua. Ko koe tonu te whakaritenga, kia whakat mai rno mai te ao tawhito, tae atu ki tnei r e te Atua. E te Atua, pa mai t manaakitanga katoa ki te hunga [Indistinct 8.51.10], ko nei o ttou matua tpuna, te hunga taomoketia, toko okioki mai i roto i te r nei, tpiri atu ki tr o ttou whnaunga kore an e te Atua, kua hoki o ta Ngti Rehia, tae atu ki tana whnau hoki, he panuitia mai i roto i te r nei, n reira tnei te Atua, t ttou kaiwhakarite, t rtou kaiwhakaw, ara, puke ana i te Atua, kei hea the hoariri m na mte i roto i ng karaipiture, kei reira k te hoariri, n reira, koina ttehi atu p mai t manaakitanga ki te kai whakaw , ki ng kaumtua, ng pp e noho mai ki k, nga whnau katoa, tae atu ki te Kwana ka noho ki k, tae atu ki te iwi, te hap, huri noa ki te ahikroa e t noa i o ttou kinga o Ngti

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Wai 1040, #4.1.2 Rhiri o Ngti Kawa, heoi an, tnei tae atu ki te hunga kua muiuitia e te Atua, i roto i ng hhipera, i roto i o rtou kinga maha e te Atua, m an p, ka ngutuhia ana mawe ki tana wairua, kikokiko, hinengaro i te ata, kia piki te ora ki runga ki tn o ng mokopuna, tn o ng whnau, tn o ng hap, tn o ttou karani, tae atu o ttou matua. Ko koe te piringa tapu, piringa tahi tapu e te Atua, whakarite mai m ng mea katoa, kia riro i a koe e te Atua, ng whakapuakitanga i tenei r, ka hoatu mtou, kia riro i a koe te puri e te Atua, ki runga i te ingoa, i roto i te matua, i roto i te Tamaiti, i roto i te wairua tapu, rire, rire, a Paimrire. Trans Glory, peace on earth, goodwill to all men. We are under his guidance for this day as we enter into all his thoughts and his works, his works that were left by our ancestors to make the peace and cement it in unity. So oh lord, gather our whanau and our hapu in the breath of your holy spirit, and we turn to the home people, oh lord, may you look after the elders in their works and those. The prayers that have been offered up, oh lord, this morning, we add to those karakia that have been administered by whanau and hapu because we pray to the one lord for you are the commencement and you are the solution to all things. May your blessings be bestowed upon us today. We ask that you care for the losses at Ngati Rehia and may you care for the whanau. We know that in the scriptures you know where the enemy is and may you bestow your blessings upon our Judge and our members and to the Crown and to those, the ahikaroa of Ngati Rahiri, Ngati Kawa. Oh lord, may you take the pressures off those who are feeling poorly in their homes and in their hospitals and take off the burdens of the flesh and the mind and take the pressures and weight off the young and the old, for you are the one we cleave unto for all things. Oh lord, may we do our works to your glory in the name of The Father, The Son, and The Holy Spirit. BA Tn an r ttou katoa e huihui nei i tnei r, te mea tuatahi ana, ko te tmatanga, ko te whakaaro nui, ko te wehi tonu ki a Ihowa, ko nei kei mua, kei muri a ttou i ng w katoa, tuarua, kua mihia ki te kaihautu i tnei r, whakatwheratia ai i tnei r, i roto i ng noi o te kaihanga, whakapaingia ai tna ingoa me tnei huihuinga, n reira ka mihi tonu ki runga i a ia. Ka hoki t ake ki a ttou kua huihui nei i tnei r, e mhio ake ana, ko te r mutunga tnei m ttou, i raro i te tuanui o tnei o ttou whare i tnei r, n reira, ko te noi ki a ttou, kia pono ttou ki a ttou i roto i o ttou whakaaro katoa, kia tau tika ai te kaupapa o te r i runga i te rangimarie, i runga i te pono ki tnei, ki tnei o ttou, n reira ka mihi ki a koutou, hoki ake ng mihi ki nei o ttou rangatira, e noho mai nei. Ki a koutou e Te Taraipiunara me Te Karauna, ka mihi ki a koutou, e mhio ake ana, ka tirotiro koutou ki o koutou hap, ki o koutou whnau o te w kinga, mhio ana kua hh ake a koutou ki te hokihoki o kinga i nei r, n reira ki a ttou ma, kia ttou ki te kaupapa, e whakahuihuinga nei ttou, huri noa i t ttou whare, tn r koutou, tn koutou, kia ora an ttou katoa. The first thing is observations to the lord at all times and greetings to our minister for administering our prayers this morning and unto we, the congregation here today, this is the last day for our works under the roof

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Wai 1040, #4.1.2 of our house so we must be true to ourselves and be true to the kaupapa of the day. So I will greet you and greet these rangatira, the members of the Tribunal, warmest acknowledgments. I realise that you will be looking at your own hapu, whanau and it is high time that you headed home. So let us be consistent today. WAIATA ?? E papa waiari taku nei mri taku nei mri hei tuku roimata, hi aue , hi aue ka mate ahau e hine hoki mai ra, maku e kaute o hkoitanga, n maku e kaute o hkoitanga, hi aue, hi aue, ka mate ahau e hine hoki mai ra. Kia ora tatou. We will move straight into this mornings presentations. So this time I will hand it over to you, Dr Gilling.

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KOAUAU RG 15 Whakarongo, whakarongo, whakarongo ake ai au ki a pupu Harakeke, koia tnei ko tana kupu mat, mat, kia mataara. Whiti mai te mrama, ka toro ttnga tarawewehi, kihai au i ponopono, kihai koe i poroporo, ka tau atu tnei n Tawhiti, kua t ka whiti nuku, ka t ka whiti rangi, waih ake te tai kia matak, e ara ana te matahi taua. Hmai taku maro kia ahuroa, hmai taku maro kia arawaia, kia hara paki mua ko te riri, kia hara paki mua ko ng hoa e haere mai nei, tnei te ptwatawata, tnei te aka, te hau whiri nei, ko roto, ko au. Kia hiwa r, kia hiwa r, kia hiwa r ki tnei tuku, kia hiwa r ki tr tuku, e whakahpurua koe ki te toto, papaki t ana te tai ki Te Reinga, eke Pnuku, eke Tangaroa, hui e, taiki e. 25 Ko Muriwhenua, he taniwh, ka korikori, ka kori ki hea, ka kori ki tai, tai ki hea, tai ki tai, tai wiwini, tai wawana, aue. Ka huri aku karu ki ng tai o Pwhairangi e whati mai nei, ng ngaru kua pakaru mai ki uta, a, ka rere mai ki tnei papa, te mihi atu, te mihi atu, tnei w i ku whakaaro ko te papa tnei o T. Te mihi atu ki a koutou e haere mai nei, ng tringa o Te Kwanatanga , ng tringa hoki o te ao ngaro o p Taraipiunara nei, te mihi atu ki a koutou, kia whai whi koutou ki te haere mai ki runga i tnei papa, whakarongo ai i ng krero, ka whakapuaki atu i a koutou i tnei w, te mihi atu ki a koutou, me ng taimahatanga, ka hia mai ki runga i a koutou, hara i a ttou katoa e noho nei. Me phea hoki ku krero ki a koutou, heoi an haere mai ng taringa, heoi an, me whakarongo te mahi nui m koutou, kei a mtou ng krero m koutou hoki e whakarongo atu, heoi an ko te wawata, ka puare tika mai nei i ng taringa, kaua e waih ng rwai kei roto, me whakam muku mai hoki ng bees [Indistinct 9.00.43] ai kei roto, me muku moe, kia pai te hap i ng krero kia tika te hap, koia p tr ko taku tino wawata i tnei r, ko ng krero ka puta mai m koutou, e marara koutou taringa i hopu, e, mehemea, ka pr, ka tika ta koutou haere, n reira te mihi atu ki a koutou, me te iwi whnui, haere mai ki te tautoko hoki i tnei r, ara, i te kaupapa, kei mua i a ttou.

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Wai 1040, #4.1.2 Ahakoa i n mate kei te mahara tonu, ki a rtou kua huri, ahakoa, phea ta ttou haere, kua phea ta ttou krero, ki te kore hoki rtou, horekau ttou i konei i tnei r, n reira te mihi atu ki a rtou kua hoki atu, i a rtou i waihtia hoki o rtou nei whakaaro, o a rtou nei ako, whakaako i a ttou, kia mau tonu i to ttou mana Mori. Ko ahau e t nei, kei tku taha, ko tku mana Mori, ko ttahi taha ku e mau ana ira o ttou tkanga Mori. Ahakoa i tnei r, katahi ana au, ka tae mai ki roto i a ttou, whakaaro atu ana e hoa ma, i tuku rnei rtou i t ttou mana, t ttou mauri ki ng tngata nei, kahore rnei, mehemea i te tuku atu ki a rtou, moumou tku taima, moumou tku w. Korekau au i pai kia tuku taku mara ki a wai rnei, ahakoa, ko aku tuakana, kei te mau tonu hoki tku ake mana, n reira, te tpu, koutou e ng rangatira, te mihi atu ki a koutou i tnei w, tn koutou, tn koutou, tn koutou, me te tautoko hoki ki ng karakia, ng minita i tuku mai ki a ttou i tnei ata, koia tn ko ttahi taha hua memeh haere i roto i a ttou, t ttou taha wairua, hunga ana te hhi engari, te wairua. N reira e hoa ma, koin o aku krero mihi ki a ttou, ko ahau e t nei, n Te Rarawa, i whnau mai au i roto o Pukepoto, e, ko ahau nei n ng iwi katoa, pnei me ttou katoa, ahakoa, phea o a ttou krero i puta mai i a Maui-tikitiki i a Maui-ptiki, koia au i mea, n ng iwi katoa ahau e t nei. I tmata au hoki tku whakamhio atu koutou e, i heke mai au i a Th, he tangata kaha tn ki te hkoingoi, i te hiku o te ika, tae noa mai ki Ngti Whtua, puta mai a ttou o Ngpuhi, me Ngti Maru, kua haere tonu taua hkoi, ko te tino kaupapa o tna hkoi, te aroha atu ana, i a ki tana tamhine, tku hkoi e aroha atu ana au i a ttou, me t ttou whenua, o a ttou tkanga katoa, e kore tn hkoi e mutu, ahakoa, phea, n reira, te mihi atu ki a ttou, te mihi atu ki a ttou, n reira, ka waih ake o ku krero m Th, tna ko Rnini-kura, t Rnini-kura ko Te Rhingahinga, ko Te Rhingahinga, ko Te K-a-te-rangi, na Te K-ote-rangi ko Te Huaki-o-te-rangi, t Te Huaki-o-te-rangi ko Waimirirangi, na ka puta ko Tamatea, tna ko Te Rarawa hoki tr, ko ttou r tr. Koia tn ko taku whakapapa, taku whakamohio atu ki a koutou, ko ttou an r ttou i roto i tnei kaupapa, n reira, kti ake hoki nei mihi ki a koutou ng rangatira o te tpu, ng rangatira o tr taha, me ttou te iwi kinga, heoi an r, ko te krero mku ki a ttou ko ng taringa, ko ng taringa ng mea nui o tnei w, kei a mtou te krero, ma koutou hoki e whakarongo atu, hei aha te ptai, mehemea ka tika te whakapuaki mai i ng krero, e whakatakoto krero, mn an tr, mn ka whai taringa koutou. N reira heoi an, heoi ana an i tnei w, me hoatu kime tmata ai aku krero, kia krero ai ta ttou noho, i te kore ng taringa i puare, ka moe koutou. Trans 45 Hark unto Pupu Harakeke and his word. Be alert at all times. The sun ascends, the moon ascends. The whenua is a taniwha that moves and stirs. My eyes gaze upon the tides that crash and the waves that break onto shore and onto this land. I acknowledge, I acknowledge. At this time I say it is the papa of Tu, greetings to you who have come, the ears

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Wai 1040, #4.1.2 of the Crown and the ears of the Waitangi Tribunal. You have had the opportunity to come onto this piece of land to listen that have been offered to you, so welcome. The burdens that you have on you, indeed we all have on ourselves. 5 How can I say the appropriate words to you? All I can say is welcome to your ears and the great task for you is to listen. We have the words and it is for you to listen. But it is the hope that the ears are open correctly and do not leave the potatoes inside. Make sure they are clean of all obstacles so that you may adequately grasp the words, and that is my main hope, that the evidence that we offer your ears catch correctly. If that is done, we will have a good day and to the people here who are here to support this day and the matter before us. Although our losses that have passed on beyond, no matter what we do, no matter what we say, they will not return to us and we would not be here. So acknowledgments to those who have passed on, who have left their thoughts for us. So we must hold fast to our mana as Maori. I, who stand here, by my side is my mana Maori. A part of me holds fast to our Maori customs. Although today I have only just arrived today to our hui, did they cede our mana to these people or not? If they did cede the mana, then I am wasting my time. I do not give my mana to everyone. Although I have elder siblings, I hold fast to my own mana. To the top table, to the august leaders here. I am of Tearawa. I was born at Pukeapoto. I am of all iwi, just like all of us. Although what we say we all come from Maui Tikitiki that is why I say I am from all the iwi. I descend from Tohe. He was a strenuous man. He walked from the extreme north and came to Ngati Whatua and into Ngapuhi and Ngati Manu and that trek is still ongoing. The real purpose of his journey was his love for his daughter. My journey is for our love for ourselves and our lands and customs. That journey will never end. So I leave my evidence for Tohe and Rarinikura who had Terahinahina who begat Tikiaterangi who begat Tehuokeoterangi who begat Waimimirangi who begat Tamatea and he is from Tearawa also. That is my whakapapa to let you know that we are all one in this matter. So that is enough welcome ritual for now to the table. So my word to us is the ears, the ears are the greatest vessels for the day. I will speak, you will listen. Dont ask questions. If the evidence is presented correctly, then it is easy to grasp those words if you are listening clearly. Let me commence my evidence. Ross Gregory reads to his Brief [9.07 am] NG MTEATEA ?? Khore e te aroha, kia koutou ng matua, kua wehe atu r, te ara ki Te Reinga, nau mai e te iwi, tangihia mai r, kia tangi atu au kia koutou ng matua, hoki atu r, kia tangi atu au, kia atu au, ki a koutou ng matua, hoki atu r, te moenga a Te Huri, te huringa a te takamai e i. Moe mai e

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Wai 1040, #4.1.2 rua ma, ki te tini o te tangata, kahore i a nei e, te moe a te manu, taku manu Ktuku, e huia atu r, haere r e hoa ma, te ara ki ng muri, mro tonu atu, te ara ki Te Reinga, tahuri ki muri, titiro ki to whenua, i t whnau, he aue ana, ka noho pani ana mai e. 5 Trans JC May you rest and your state of slumber is not disturbed. Sleep on with the myriad of the people. My noble Heron- Dr Gilling, now would be an appropriate time to ask questions. I was just wondering, how were you looking to proceed with this? Was I under the understanding that questions for Mr Gregory and for the other witnesses as well or will we be doing it one by one? One by one, sir. May as well, Ross is here. Mr Irwin? Sir, it might be important I go first, this witness. I have got a series of questions that I would like to put to this witness and I would like him to have Manuka Henares brief in front of him, in particular page 57 of that brief. Ms Sykes? Sir, we do not have that with us and this witness has never seen this evidence before and I am not at all sure as to what the possible point of these questions could be. Sir, it is actually, this man is a linguist, this man is one of the most knowledgeable people about conceptual issues and I accept that from his brief. I would like to explore with him the notion whenua rangatira and it is important that he have the opportunity to look at the three translations that have been put in evidence before you because I am sure this witness may give a different perspective. I am quite willing, sir, for these issues to be reflected on and if this witness agrees to offer his expert knowledge in writing at a later time. Mr Gilling? Can you hear me Mr Gilling? Yes, sir. Are you agreeable with that approach? Sir, for questions in writing? Well, I understood the questions were were the questions going to come in writing to? Well, I would like this witness is very, very important on matters and I think he could do it orally now in front of people and if the opportunity was given to him, he would like to take it, I have no objection to that. Maybe we approach it on this way, Mr Gilling? If your witness is willing to answer the questions now, then that would be fine. Otherwise the

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Wai 1040, #4.1.2 preference is that he takes those questions in writing, then that may be the approach to take. RG BG 5 JC AS JC AS 10 BG JC Both. Sir, he is willing to take oral questions now, thank you. Well, lets just see how far we go and if we do go for too long, then it may be appropriate that the rest of the questions come in writing. I would be obliged with that, youre Honour. Do you want to provide Mr Gregory with page 56? It is 57. We have that now, thank you, sir. Okay, thank you.

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Annette Sykes questions Ross Gregory [10.17 am] AS Kia ora matua. Thank you for your very helpful brief of evidence. But I would like to hear from you, what you would consider the term whenua rangatira to mean and I would like you to consider the words of the late Dame Mira Szaszy one of your contemporaries, who saw that term in this way, as having a conceptual framework born from the whenua being the placenta and the rangatira giving it a superior status in meaning and in understanding than we might normally attribute to our land, and I would like you to look at the way it has been translated both in Busbys explanation in 1835 and the explanation that has been offered by Mr Manuka Henare as a historical semantic translation in 2003. I would be grateful, mn kei te hiahia koe ki te krero Mori, t ake kaupapa i roto i t reo rangatira, kia whakamrama mai ki te katoa, he aha te nako, he aha te ptake o taua t huatanga, he whenua rangatira. Trans RG If you want to speak Maori so that you can explain in your own language what is the kernel of that term he whenua rangatira. Ko ng krero nei, i korerotia nei e koe, ko te whrangi 57, kei reira hoki ng mea e p ana ki t ptai? You refer to page 57? Is that what you want me to look at? e, ka titiro ko ki te Mori text, kei reira te kupu, kei raro tr te pouaka tuatahi ki te pouaka tuarua, ana, i roto o tr, ka whakaputa i te rangatiratanga o t mtou whenua, a, ka meatia, ka whakaput ia e mtou, he whenua rangatira, kia huaina, ko Te Whakaminenga o ng hap o Niu Tireni, engari, ko taku nei ptai m te whakaaro e p ana ki te kaupapa, whenua rangatira. You can see in the second box and the third box and in those it says and I quote ka whakaputa i te rangatiratanga. That is the Maori text, and my question is the thought process behind this term whenua rangatira.

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Wai 1040, #4.1.2 RG Ko te mea tuatahi, ko mtou ko ng tino rangatira o ng iwi o Niu Tireni, i raro mai o hauraki kua oti nei te hui i Waitangi, i Tokerau i te r, rua tekau ma waru o Oketopa, i te tau kotahi mano, waru rau, toru tekau ma rima, i t Henare, ko tku e mea nei, ko mtou W, ko ng tino rangatira chief, the absolute chief, pai atu i tr, the leading chiefs, ko ng iwi o Niu Tireni (of New Zealand) ki raro mai o Hauraki, to the north of Hauraki, e, tika tr, kua oti nei huihui i Waitangi, e tika tr, n, he rite tonu ku nei whakaaro ki ng mea kua tuhia nei e Mnuka. Ko t Phipi, mea mai e, kei Waitangi engari, ko te mea tuatahi, e mea mai, e, i Waitangi, ki raro hoki o Hauraki, the northern parts of Hauraki, he hua tika tr, engari, mku nei, ko te mea t Henare, ko te mea tino ptata mai hoki ki te mea tuatahi. Ko te mea tuarua, ka whakaputa i te rangatiratanga o t mtou whenua, ka meatia, kia whakaputa ia e mtou he whenua rangatira kia huaina, ko Te Whakaminenga o ng hap o Niu Tireni, clear the authority and leadership [Ph]. Firstly, we are the tino rangatira quoting. The first box is giving Manuka Henares interpretation. I say yes, that is good, that is correct. Yes, that is right. My thoughts are exactly the same as Manukas. In Busbys at Waitangi, but yes, that is kind of correct. But for me, Manukas version is closest for me. Now, the second part that you want me to look at? Me ta titiro ki te kupu whenua, ko te whakapkeha, ko country, phea whakaaro m tr. Ano. Me ta titiro koe ki te kupu whenua i runga i taua whanga ko te whakapkeha, ko country, phea whakaaro m tr? He whenua rangatira i te tuatahi, whenua, rangatira, pnei, me Akarana nei n, he whenua rangatira nei tr, n te mea, kua tau an hoki ng iwi katoa ki reira, kia rangatira ai taua whenua, me pr hoki te hua i te w i a Paora t haere mai ana, ko rkei hoki tr, he whenua rangatira tr, mku nei n, ko tku kinga te whenua, ka tngia ai hoki tku whare, he whenua rangatira tr. Ko te mea k me hkoa ki t whenua, kia rangatira ai, mehemea, ka rangatira te mahi o t whenua, te whenua nei, kua rangatira hoki tna hua, tna whakahere, tna mea katoa kei runga, kei raro, mehemea, ko ttahi whenua, kei whi k atu, kei Te Wok, r mea, korekau he tangata ki reira, horekau he aha te hua o tnei, khore i te tino rangatira tr whenua, engari, kaua ttou e phh a ttou whenua katoa, he whenua rangatira katoa, he aha te take ka pr ai? N te hiahia o ttahi atu, mn tn whenua, koia tn ko tku. For me, my home is the place where I constructed my house. But what you must do is work, improve your land so that it becomes a rangatira land. Now, if you do that then it can be said to be its look, its appearance, the way it has been run, it all comes under the term whenua rangatira. If there is a land at another place at Tewaoku or somewhere else, there is no one there and there is nothing being developed, then to me that is not really a whenua rangatira. However, lest we think that our lands, all our lands are whenua rangatira. Why? Because it is the desire

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Wai 1040, #4.1.2 of someone else to take that land. Now, that is my take on that,, that is good to me. AS 5 Trans RG 10 Pai rawa ki ahau tr, ko te kauapa kei muri i tr kupu, ana, ko huaina, he aha tr, te whakamrama ki a mtou, he aha i pr ai, ka hhaina inianei taua rrangi r. The meaning behind that term huaina, can you tell me what does that term huaina, ka huaina inaianei? Ka huaina, ko te mea k, me rapu, me phea whai mana ai hoki t rtou whenua pea, a rtou hoki, kia whai mana ko a rtou na, kua oti r te krero m te whenua rangatira nei, he whenua rangatira katoa hoki o Aotearoa i t rtou w, na, koia ka whai ingoa, kia whai mana hoki i r whenua, koia pea, koia ka hainatia taua pepa nei, kia kore hoki ttahi atu e phh m n whenua, ehara i te whenua rangatira, tupu ake hoki ng rkau koretaku, korekau he tangata i whakamahia tr whenua, engari i roto i tnei, ka toa te whenua, he rangatira, he rangatira katoa te whenua, kia kore ai ttahi tangata, e haere mai ki te tutu ki te aha r nei, mehemea, ka haere mai, kua mhio k koe, e, korekau ng tngata i haere mai ki te whenua koretake n, heoi an, ko ta rtou ng whenua katoa, kua whai mana, kua whai rangatira, kua whai tngata, kua whai ko n mea katoa, kia rangatira ai tna noho, koia au i mea, koia te rangatira o te whenua ki au nei, korekau i rongo i ttahi atu whenua, e mea ana, he whenua koretake, na ng Pkeha ma tr, i te kore hoki te tangata e whakamahia tana whenua, i a moumou te whenua mu n, he aha te take, ka noho tonu koe ki roto i tr whenua, korekau koe i kaha ki te mahi, n reira i roto i a rtou nei whakaaro, e krero koretake, he whenua koretake tr, n te mea, horekau te tangata e whakamahia, pnei inianei, ka tupu mai ng Kahikatoa, ng Gorse hoki i ng whenua, he whenua koretake r, engari, ki tua te Mori, he whenua te mea rangatira. One should look at how ones lands become a whenua rangatira so that I have spoken of te whenua rangatira because in their time Aotearoa, the whole of Aotearoa is a whenua rangatira. So that those lands attain mana, that is why this treaty was signed, lest others come and think mistakenly those lands are not whenua rangatira because they are being grown up by poor vegetation and timber but in this term, the whole of the land is termed whenua rangatira so that no one else may come and tamper with that land. So if others come here they will see that it is a whenua rangatira. So they say that all of the land has got mana and they have rangatira overseeing them and that is why I say that the rangatira of the land now, it was a Pakeha concept because to them if a man does not develop their land, then that is a waste of time having land such as that. Why do you want to stay on that land which you did not persevere in developing or improving? So in their views, in Pakeha views, those lands are not whenua rangatira because they have been overgrown with gorse and other things and those would be termed land of no use. But to the Maori, the land itself is the rangatira, is the noble part. Phea ki a koe, te whakapkeha tika m taua t huatanga, he whenua rangatira, i waenganui i tnei Kwanatanga ?

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Wai 1040, #4.1.2 Trans RG 5 So how would you translate this term whenua rangatira in this context here? Mku nei ana, ko te hua o te Pkeha i tr w, kia whai whi ai m rtou whakat ai m rtou kinga, m te aha ai, mhio ana rtou, ko ng whenua rangatira nei i roto i o rtou nei tirohanga, ko ng whi e patata ana ki ng wai, e patata ana ki ng nghere, na te mea, koia n, ko ng mahi o rtou i mua, tango mai ng rkau, ng rkau Mori nei, mahia mai o a rtou nei whare, me a rtou kaipuke, ko n mea, o tahi, ka tukuna atu ki Ahitereiria hoko ai, na ng whi whenua kei reira o nei momo mea e tupu ana, he whenua rangatira ki a rtou, engari, ko te Mori, e he whenua rangatira katoa r. The Pakeha in those days, they were looking for places to settle. They were looking for places to settle because they knew that the noble lands in their eyes were the lands close to the waters, close to the forests because those were the places where they would be able to work the timbers to erect their houses and their ships and some of the timber would be exported to Australia to sell. Now, those bits of land where those assets are, those type of trees and waters, to the Pakeha that is a whenua rangatira. But to the Maori, the whole land was whenua rangatira. Mira Sczaszy gives the translation of whenua rangatira in this context, is a Maori nation state. That is Mira Sczaszys translation of whenua rangatira, a Maori nation state. Ko te whakaaro a Mira, ko te whakapkeha m taua t huatanga i roto i tnei kawenata, Mori Nation State, koin tana whakapkeha, phea o whakaaro m tr? Khore kau e tino mrama ki t ptai. Ka huri au ki te reo Pkeha. There is a number of terms that we could use from the Pakeha language and you have identified them in your brief, very hard to get a match for concepts as you have described. One of the Pakeha terms is that the late Dame Mira Sarzy used to describe he whenua rangatira, taking into account context, language and historical indicators of the period, she suggested the most equivalent term for the period would have been Maori nation state. I am asking you, would you agree with that interpretation or can you offer another interpretation? I would go along with her whakamrama. I have no further questions. We have no questions either. Tena koe Mr Gregory m n krero, i haria mai nei i te rangi nei, n krero kua whrikihia kei mua i a mtou, kei mua i a ttou katoa, n reira, ka nui ng mihi ki a koe, koutou katoa, kua tat mai nei, tn koe, tn koutou. Thank you very much Mr Gregory for your evidence and your support party, to you and your support party, thank you very much. Sir, to assist the Tribunal for the next couple of witnesses, I hand over to my learned junior, Ms Porter.

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Wai 1040, #4.1.2 JC KP 5 Before you start Ms Porter, I was just going to get an update on our time. Continue. Tn koe, your Honour. Our next witness was to be Tom Murray. His affidavit is document number B25. Your Honour, Mr Murray was recently hospitalised, which meant that he was going to appear, but only for questioning today. There has now been a whanau emergency yesterday so he is unable to be here at all. For that reason, we ask his affidavit is taken as read. We understand the Crown has no questions and so if I pass over to you, whether the Tribunal have any questions for him and if there are questions. Our next witness is Mr Ricky Houghton. His affidavit is document number B6. The main purpose of Mr Houghtons brief written statement was to tautoko the evidence of Matua Rima and in the interests of time we will ask that Mr Houghtons affidavit be taken as read as well. Yes. Thank you. Sir, I have similar questions for Mr Edwards. I am not too sure when you want to do them, but it is very important we get experts of their linguistic understanding on that concept. Lets move through the other witnesses because there is still Mr Hansen to come too. Matua Rima has asked to speak last, so that is a slight change from what we had written down. I will pass back to Dr Gilling. Dr Gilling? Sir, we now move to the evidence of Mr Denis Hansen. We would like to, before he begins, acknowledge publicly that Mr Hansen in the last couple of weeks has been awarded the QSM for services to Mori in the community. Tena koe matua. Sir, Mr Hansen is going to read his brief, which he assures me will only take 10 to 15 minutes, and after that he will be available for questions. Kia ora mai an ttou, tn koutou e pakipaki mai ana ki au m tr hnore, engari, e mhio ana koutou ku nei mahi tturu e mahi ana m r o ttou whnaunga, taka ana ki te h, tahae ana, whnako haere ana, pn me tahi o koutou e krero mai ana i tnei r, me ng w kua puta. Heoi an, haere mai au ki konei ki te tautoko i ng krero o t ttou rangatira a Rima, kore au e hiahia te haere mai ki te krero, n te mea, kore au e mhio ki o koutou huatanga, te huihui tahi o ng whnaunga i tr r, ka mea mai, kaua e krero i a Dennis na te mea, ko ia te kaumtua m te rnanga o Ngpuhi. Ki a au nei, he Mori k a Dennis Hansen, e krero ana m ng Mori i roto i ng takiw m te kohe, tae atu ki Te Rerenga Wairua, Hokianga ki Whangaroa, ki Whngrei, ki Mahurangi m ng whenua katoa, e p ana m Ngpuhinui-tonu, n reira, kaua e whakah e te tangata, e hiahia ana ki te whawhai m ng take, m ng tino rangatiratanga m ttou o Ngpuhi,

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Wai 1040, #4.1.2 te hiahia koutou ki te whawhai, haere koutou te noho i te taha o Waikato me r atu takiw, engari, i hiahia koutou ki te tautoko ng krero o ttou rangatira kua krero atu, tn koutou. 5 Tn hoki r koutou e Te Taumata, tn hoki r koe e Eru me to taua whnaunga a Colin, kua wehe atu, n reira tn koe, tn koe i roto o ng mamaetanga, me r o ttou whnaunga katoa, kua wehe atu ki te p uriuri, ki te p tangotango. Tn hoki r koe e Dr Rangi Waaka, ka kite hoki i a koe, ka whakahoki i ng mahara ki t matua a Matiu Te Hau, m ana mahi rangatira, i puta mai i roto i Tmaki Makaurau e noho tonu ana, tr o to ttou marae e tumutumu whenua, i roto i rkei, nn i mahi kaha, kia tt haere tr, me Hone Waititi, me Reweti, me Haranui, Puatahi, Kakanui, Arapareira, Kotuku Piringatahi, r o ng mahi o tr o t ttou rangatira, n reira, kore r e warewaretia rtou, me huaki he hongi, hoki t ttou matua i roto i Tamaki Makaurau, n reira, kia hakiwi hongi, kore mai e wareware ki na mahi. Heoi an, e t ana ahau n te mea, e kore e roa ng krero, e mhio ana, he pai koutou ki te whakarongo ki au i runga i te irirangi Wtea, because you can switch me off, kia ora, he mea mai na Annette Sykes te tino rangatira hoki o ng krero i puta mai i a Ross Gregory, ki a au nei, te tino reka hoki o ng krero o Ross Gregory, e kore e taea te phea, kore au e tino roa, n te mea, e whakaae ana au ki ana krero, na te mea, tnei tna mahi rangatira i te tautoko t ttou whnaunga i a Rima, heoi an, hei tr te take i haere mai, because Im usually working with thieves. Trans Greetings everyone. Thank you for giving me an ovation for that bauble. But you know that for years I have been working with those and for the times. I have come here to support our rangatira, Rima. I do not want to come here to kin had a meeting the other day, dont let Denis speak because he is the elder for the runanga o Ngapuhi. To me, Denis Hansen is a Maori. I am speaking of the Maori at Matakohe unto Terereinga Wairua, Hokianga to Whangaroa to Whangarei to Mahurangi, for all the lands that pertain to Ngapuhi Nuitonu. So do not disagree with a person who wants to fight for tinorangatiratanga for Ngapuhi. If you want to fight, go and sit by Waikato and other iwi. But if you want to support the evidence of our rangatira, greetings. Greetings to Taumata. Thank you for our kin, Colin, who has passed beyond the veil, so thank you for that in your pain and indeed to all of our kin who have passed on beyond the veil. Greetings to you, Dr Ranginui Walker. Memories flood back to your elder, Matu Tehau and his work, his noble work in Auckland and when he stayed at Tumutumuwhenua at Orakei, he worked hard for that marae and for Hone Waititi and the other people there and all those works of Matu Tehau, so Dr Walker, we will not forget them. Jack Wehongi, we will not forget him and his works in Auckland. I am standing here, I will not be long. I know that you like to listen to me on Watea Radio. Annette Sykes says the very, very excellent evidence given by Ross Gregory and no one can take apart his evidence and I

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Wai 1040, #4.1.2 agree with his evidence because that is what he does, he supports Rima, and that is what he has been consistent in. DH 5 - - - rogues and vagabonds, and if it concurs with any of those that are present, well then so it be. But as far as I am concerned, I am unaccustomed to this public speaking. I am used to hiding behind cameras and where there is no one else present but me and the camera man or me and the microphone. But now, when I look around here at all you rangatira kua hua rerek ku nei whakaaro. Ko ahau n Ngi Tawake, Tawake Hunga, ko Mataraua, ko ahau te mokopuna o Manuka Witihira, tna ktiro a Te Tauroa Witihira e mahara nei a Arama Ratima i roto i te ptua Pmai Pauria, me Ratima Aperahama hoki o Ngti Kuri o Te Hpua, engari, ka whakarongo ki ng krero i roto i tahi w, e krero mai ana taku whnaunga a Erima Henare, kua hua wareware, ko Te Pt k na Henare o te w o mua, kua puta mai ng krero o tahi atu, tahi atu o ttou teina hoki a Ngi Takoto, kei te pai tn. Heoi an, kia mhio ttou ki ng rangatira ko Paerata, ko Ttore, ko Moka, ko Rewa, ko Wai o Ngi Tawake, ko Pmare, ko Marup, r ku nei whnaunga i tuhituhi ai i nei tuhituhinga, n reira, ku nei whnaunga, tae atu ki Hamua Rmaka, Hare Hongi, Nene, r o ttou whnaunga katoa, n reira, ko wai hau te krero, kua puta mai ng krero rangatira a Mnuka Henare, kua puta mai ng krero rangatira o Patu Hhepa, kua puta mai ng krero rangatira o Erima Henare. Kua puta mai ng krero rangatira o Rima, ko wai au? Ko wai au? Heoi an, ka haere mai au ki te tautoko i a rtou, heoi an te haere mai ki te tautoko, kaua e ptai mai i ng pataitia i a au, na te mea, kore e mhio a o koutou whakautu, kaua e titiro tn mai ki a au e mahi ana, he aha te take kua t mai tr koroua, tata ana au te waru tekau, kaua koutou e wareware tr, tata ana ki te waru tekau, taku pp, e tata ana ki te tahi rau, n reira haere mai koutou ki Hoani Waititi kaikai i ng hangi, koin an tku haerenga mai ki konei, ki te mea atu ki a koutou, haere mai, haere mai, ki Hoani Waititi, tahi rau taku pp, Hepetema, n reira, nku i mea atu ki te Kwana, tianara, haere mai ki Hoani Waititi i krero ki taku pp, e hoatu te tohu o te Kuini ki a ia, m r, na te mea, ko o ttou wareware kei runga te poti wahine, he rerek tr, he wahine, ka huri krua hoki tr wahine i roto i Pneke, ka tere atu taku pp, he waru hora i roto i te wai, e ora tonu ana, n te mea, he Norwegian k taku pp, taku ingoa ko Dennis Welmot Hansen, thats more Pkeha than Ross Stirling Gregory. Kua hua wareware, n te mea, ko ahau te mokopuna o Hare Reweti Hukatere Paora, i mrena ia a Emma Ppata, puta mai a Marara Ratima ka mrena a Reweti, ka mrena mai i a Arama Ratima, tr te tamaiti o Ratima Aperahama i roto i Te Pt, ko ttou i Te Pt i mhio k r he iwi i roto i muri whenua, ka haere mai Te Karauna, ka mea mai, me haere koutou i raro o Ngti Kahu, e e hoa ma, he aha te take i pr ana, na te mea, pn tonu haere ana koutou, n reira e Rima, kei konei ng krero o Ricky Houghton, taku tamaiti, kei konei ng krero o Dennis Welmot Hansen, me hoatu ki a rtou, kua tae atu ki a rtou e Rima, heoi

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Wai 1040, #4.1.2 an, haere mai ki te tautoko i a koe, ka nui r te aroha, m ng krero rangatira e puta mai, mai r an, whawhai mai koe m tnei huatanga. Ki a koutou katoa, tn koutou, tn koe e Miki, mai r an e krero an koe, whakaptanga, whakaptanga, mea mai ana au, aha tr, aha tr, n reira tn koe e Miki, tn hoki r koutou katoa m o koutou whawhai, tn koutou e whawhai tonu ana, e kaha ana koutou kia toa, kia kaha, kia manawanui i roto i te ingoa o t mtou matua nui i te rangi, oti i a ia te tkanga, koia te kaihanga o ng mea katoa, ng mea kitea, ng mea kahore i kitea, n reira, e Ross, n te mea he roa koe, me taku pukapuka me kapi, kaua he krero tino roa, tn koutou e te tpu, tn koutou, tn koutou, tn hoki r ttou katoa. Trans I am of Ngaitewake. Mataraua, I am the mokapuna of Manuka Witihira. His daughter, Tekaura Witahira married Arima Ratima at Tamapuria. Ratima Mahoki of Ngati Kure and Te Hapua, but I listened sometimes to the stories when my kin, Erima Henare, tells me. He forgets that the Henares of old were from Te Patu and we hear from other evidence and we hear of Ngatoko, but it is all good. Now, we know the chiefs, Paeratei, Titiro, Moka, Rewa, Pomare, Matupo, they were all my kin that have been written off in the evidence proffered this week. So my kin, they were all our kin. So who am I to speak of them? We have heard Manuka Henares noble expert words, Patu Hohepas expertise and his report, Erima Henares expert report and Rima Edwards expert report. Who am I? Who am I? I just have come here to support them. That is all, I have come to support them. Dont ask me those heavy questions because I dont know how to answer them. Dont look at me and say why the hell is this chap standing before us? I am nearing 80 years of age. My father, he is almost 100 years of age. So when you come to Hone Waiti, come and have a hangi with us at Hone Waititi. That is all I come here to tell you people, come, come, come to Hone Waititi marae. My father will be 100 in September and I said to the governor general Welcome to Hone Waititi. I said to my father and give a Queens medal to him and all those things, because lest we forget that. The Wahine when it sank, he was eight hours in the water before he was saved. Why? Because he is a Norwegian. My name is Denis Welmot Hamilton. I am the grandchild of Hare Rewete Huka Terepoura who married Emma Poupata and they begat Mara Ratima who married Arima Ratima, the child of Ratima Apirahama at Tepatu. Tepatu was an iwi in Muriwhenua in the old days and then the Crown came and said You should go under the name Ngati Kahu. Why was that? So Rima, I have Ricky Houghtons evidence here, my child. We have Denis Hansens evidence, I will hand over to them, they have received it, but I have come here to support you and much love wells in for you, for the noble words that you have fought for this matter. To all the people, greetings. Greetings Miki, you have always been consistent in your talk about whaka putanga and I say Whats that? Whats that? Greetings

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Wai 1040, #4.1.2 everyone for your fight, for you who are still fighting and who are persistent and searching for victory, be strong in the name of our father in the heavens because he is the creator of all things, he can see things and he can see those things that are not shown. So Ross, I will close my book here and I will not speak too long. Thank you, the table. NG MTEATEA ?? DH 10 Ma wai ra e taurima te marae i waho nei, ma te tka, ma te pono, me te aroha e. Ki ttou whnaunga, kua whetrangitia, haere r koutou, haere koutou, kore r koutou e warewaretia, maumahara tonu ki koutou mahi kaha, kia t tangata ai ttou te iwi Mori i roto i tnei ao hurihuri, ttou te hunga ora, huri noa i roto i tnei o ttou whare, kia kaha, kia kaha, kia kaha, tn hoki r koutou katoa, tn koe Aunty Rangi, tn koe m t kaha mai r an, me t ttou hoa a Miriama Horomona, hoki r mea katoa, kia ora mai an ttou, kaua e ptai ng ptai, ptai atu ki a Rima, kia ora. Auntie Rangi and you and Miriama Horomona and everyone else. Dont ask me any questions. Ask Rima the questions. Dont ask me. Sir, we have no questions of either clarification or redirection. We have no questions either. Tn koe your Honour. Our next witness is Matua Rima. Sorry, Dr Gilling, can we just get clarification as to the situation here? I know Mr Edwards gave evidence in week one. Yes, sir. And then was questioned on his evidence and then questioned during a panel session. Yes, sir. Is there another brief today or is this for questioning? No, sir. This is the new brief. document number. Sorry, I do not have one with the

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The document number is B8 and we filed an amended brief just the other day and I understand that is B8(a). That amended brief just has slight formatting differences. But, as you said, in hearing week one, Matua Rima presented evidence, a very comprehensive affidavit and wananga, and in this, the second brief, he set out a short presentation on his evidence about He Whakaputanga and its relationship to Te Tiriti. This is in order to address the Tribunals statement of issues and is intended to both complement and support the more detailed evidence of other witnesses. He has asked that that brief be taken as read and he is able to answer any questions on that.

Wai 1040, #4.1.2 JC Thank you. We will just wait one sec while we just while we get the updated brief. If you could just bear with us for a sec. We wonder if Mr Edwards would mind going through this in a summary form. It is just that we have only just received this. It only has some slight formatting changes from the earlier one filed. And we have not seen a version of that either. Okay. Mr Irwin, have you seen a copy of the earlier one and this amended one? Yes, I have, sir. You have received it, and other counsel? Taihoa. We will take it as read at this stage. We will ask the Crown and other people if they have questions and maybe during the break, if need be, we may come back with questions after that. Thank you your Honour. Ms Sykes, did you have questions?

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Annette Sykes questions Rima Edwards [10.48 am] AS Kia ora Matua Rima. RE AS 20 Kia ora Annette. Thank you for this very helpful depiction of what you tried to explain to us. Can I take you to page 2 and I am really looking at the way you have shown the conceptual differences in the stories of creation that we have in our pedagogical framework to that of those that can from England, I will use that word. One of the things that I am struggling with, and it is just a question of clarification, I thought Jesus Christ came after Adam. Can you explain what you meant there in your depiction? With Jesus, Te Karaiti? e, ko te whakaaro ki au, and might be wrong, I thought he came God gave him to earth in the stories of Judaic Christian belief systems after Adam and Eve. So I would like you to explain that for me please. Yes, it is really an explanation of Te whakamramatanga o ng kupu krero a Aperahama Taonui, te w i whakapiri ai a Te Karaiti ki a Tangaroa, e puta ai tana krero, kia ki ng tkanga whakapono o ttou matua tpuna, whakapiria ki ng Karaipiture, kia t kotahi ai. I roto i ng whakaakoranga a Te Karaiti i whakaritea te whanga ki a Tane, me rtou katoa mara, a Io Matua-te-kore, te whanga ki au i o ttou matua tpuna, o Ihowa o ng mano, te whanga ki ng Karaipiture, ko Rangi me Papa, ki o taua mtua tpuna, ko te rangi me te whenua, te whanga ki ng Karaipiture, ko Tane i whakaritea tna ki a Te Karaiti, mrama ana au te

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Wai 1040, #4.1.2 mea ana koe i te whanga rrangi, n muri mai ai a Arama, engari, i roto i te wairua tapu, kei runga ake ai au, i a Arama, e. Trans 5 This is Aperahama Taonuis cleaving of te kraite to tangaroa. They cleave unto the belief systems of our old people and cleave them unto the Christian systems so that they may be one. In the teachings of Christ and there was references to Tane and others, Io Matuakore and Jehovah of the myriads and Rangi and Papa, to our ancestors the land and the heavens and the place of the scriptures. Tane was likened to Christ and I know that you are referring to the line below Adam, but in the Holy Spirit, he is greater than Adam. I agree with that part. Sorry, can I speak in English so I get it clear when we are talking Judaic Christian; Gods son was created in the spirit realm? Yes, kia ora. And then he was given to us on earth after Adam and Eve. e. But in factual time, there is a parallel there to the way that Tane was begotten from Ranginui and Papa-t--nuku? e, kuia tena. Ka pai. Thank you for explaining that. The other matter I would like to just have clarified here, if we go down to the sacred covenants that are prior to the whakaputanga and Te Tiriti o Waitangi and the whakapapa that is there, what are those sacred covenants that you have set out there? Anei, ng kwenata tapu, i te whakapapa ki te Trti. The whakapapa to The Treaty. Ko ng hua, ko te hekenga mai hoki o te whakapapa nei i tuhia, hkoi o wnangahia ai, n ko te kaha Mori, te whakamramatanga o te kahu Mori i korerotia ai a Aperahama Taonui m, te whanga ki a tua te heke a te whakamrama Mori, te taha ki ng karaipiture, na ko te paipera tapu, te kahu o Kuini Wikitoria, na ko ng hui i puta mai i reira o ng taha e rua nei, ng hua o tnei piringa o Ingarangi me Aotearoa, ko tnei mea, pnei i te karakia, te whakapono ki te Atua, ki ng Atua, te whanga ki nei whakamrama, ko te atawhai, ko te manaakitanga, ko te whanaungatanga, ko te aroha, te ttahi i ttahi, ko ng mahi tautoko o ttahi ki ttahi, hei awhina o ttahi ki ttahi. Ka puta mai r ko ng kawenata tapu, i nei hua o ng taha e rua, ka puta mai ki ng kawenata tapu, ko ng kawenata tapu nei, e rua e mhio nei e korerotia nei e ttou, ko nei kawenata tapu hei whakamrama i ng whakaaro o runga nei, ng whakaaro o te karakia o te atawhai o te manaakitanga o te whanaungatanga, ka tuhia nei kawenata tapu, hei whakattuki i nei hua i puta mai i nei taha e rua whakapono. O ng kawenata tapu nei, ko te whakaputanga o te rangatiratanga o Niu Tireni me Te Trti o Waitangi, koin tana whakapapa m nei kawenata tapu.

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Wai 1040, #4.1.2 Trans These are the benefits. This is the descent lines of whakapapa and the explanation for the kahu Maori that was explained by Apirama Taonui, it talks of Maori component. Now, on the scripture side, the scriptures are the holy cloak of Queen Victoria. Now, the fruits from these two sides of the cleaving of England and Aotearoa, it was belief in the lord and belief in the gods and the caring and the kinship ties and the assistance that one proffers to each other and the supporting ethics. From those come forth the holy covenants. So these are the fruits from both sides, from Aotearoa and England and we have the sacred covenants. These sacred covenants, the two that we speak of today, these sacred covenants are to explain and clarify the thoughts for these principles of manaki tanga, whanaunga tanga and these covenants were written to complete and to bring these fruits from both sides to the fore in faith. These sacred covenants were he whaka putanga i te rangatiratanga o nuterene and Te Tiriti o Waitangi. That is the genesis of these sacred covenants. So Im clear in my English, I want to be very clear on this, you cannot understand the whakapapa or the origins and the evolution of he Whakaputanga and Te Tiriti unless you understand the values, the amalgam of values which you set out, that guide our philosophical frameworks. So that takes me to the same questions I pose to Ross Gregory, ka krero Mori au inianei. Kia ora. Kei mua i a koe tana kaupapa i te whrangi 57 mai i te kaupapa whakatakoto a Mnuka, te krero hhonu a Mnuka. Kua rongo koe i taku ptai m ta ttou nei kuia, whaea a Mira, phea u whakaaro m tana whakamrama mai m te huatanga e p ana ki te whakaaro nei, he whenua rangatira, whakamrama mai ki a ttou. You have heard my question to him about Mira. How do you consider his response about this term whenua rangatira? Can you give us your clarifications? Korekau an kia kite i ana krero engari, me mea au e tika ana o ana krero, ko te whenua rangatira e whakapai ana au e krero nei a t ttou whaea a Mira, ko Papa-t--nuku tonu tn, koia tn ana krero, e krero nei ia m t ttou tpuna i anga mai ttou i a Papatuanuku te whenua rangatira, ko Papatuanuku k te kairanga i te tira o te waka, ehara ko ttou, anei te maramatanga o te whenua rangatira, ko Papatuanuku, tmata mai i reira, koia an te whenua rangatira. Koia te ira wahine, tmata mai i a ia, heke mai ki a koutou a ttou wahine. I say his words are correct. Whenua rangatira that Mira spoke of was Papatuanuku and that is what she refers to. We descend from Papatuanuku. Papatuanuku is the whenua rangatira. Papatuanuku, it commences there. She is the whenua rangatira. She is the female element which commences from Papatuanuku and descends into you, all our women. In her thoughts, Mira Sarzys thoughts, the whole of Aotearoa is a whenua rangatira. That is right. It is different to what Pouratu Haire and them said, Poura said it is through economy and trade

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Wai 1040, #4.1.2 and commerce that land becomes whenua rangatira, but that is different to Miras thoughts, isnt it. Now for the whenua rangatira, it is Papatuanuku and the benefits and fruits that come from her is to feed us. AS 5 Trans RE AS 10 RE AS 15 RE AS RE AS 20 RE AS RE AS 25 RE Trans AS 30 Trans RE Ko na whakaaro, ko te katoa o Aotearoa nei, he whenua rangatira. So in translation, that whenua rangatira, is it hard or is it easy for you to translate whenua rangatira? Tka mrika, koia tn. He rerek tana t huatanga e p ana ki te whakatakoto o Paora Thaere ma, ko tana whakaaro ma ng mahi moni, ma ng taone mahi moni, ana, ka peke ake te whenua, ki te whenua rangatira, engari, he rerek tr whakaaro, ki te whakaaro a te kuia r. Ko te whenua rangatira, ko Papa-t--nuku, ko ng hua katoa, ka puta mai i a ia, hei whngai i a ttou. Ana, me whakapkeha taua kupu r, ma ng uaua ki a koe tr kaupapa. Mku e whakapkeha? e Te whenua rangatira? e It is mother earth, it is Papa-t--nuku that directs the mast of the canoe. So when we look at Busbys translation, does that capture it? No, it does not. No, it does not. But in the Maori minds of the rangatira that were there, that was where their thinking would have been? Absolutely, i roto i r whakaaro a o ttou matua tpuna, tika tn Annette, e. Yes, in their thinking, yes. That is what they would have thought. Ana, me huri au inianei ki tr kupu, ko Te Whakaminenga, he tino kupu hhonu tr hoki, whakamrama mai ki a koe, te nako o taua kupu. Turning now to te whakaminenga, what is that term? That is a very great, a very there is much depth to that term, isnt there? Te whakaminenga, e hunga, e koropiko ana ki te karakia ki te Atua, koia tn te whakaminenga, mn he karakia Mori, he karakia Karaitiana, koia tn He Whakaminenga, ko te huihuinga e koropiko ana te karakia ki te Atua.

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Wai 1040, #4.1.2 Trans They are a people who gather and postrate themselves and pray to the lord. That is a whaka mininga. Whether it is a Maori karakia or question karakia, but it is the congregation bowing their heads, offering up prayers to the lord. I runga i tnei kaupapa, kei te karakia rtou ki ng Atua Mori, ki ng Atua Pkeha rnei? So would you say that they are praying to the atua, the Maori gods? Ki ttou matua tpuna, ki rtou Atua Mori, ahakoa i tangohia ai rtou te iriiri Pkeha, ng Karaitiana, korekau rtou i tuku i te whakapono o rtou matua tpuna, i te matenga o Karuwh, ng tpuna pr i a Wakanene mai a Aperhama Taonui ma, ko te poroporoaki i hia ki runga ki a Te Karuwh, ki a Te Wremu, ko te poroporoaki rangatira i roto o Ngpuhi, na e Wremu , e to mtou hoa a Te Wremu, haere, haere, haere atu koe, he roa tnei, ka nui te roa o tnei poroporoaki engari, ko te iho o tr poroporoaki, haere, kua riro nei koe ki ng purapura o Hinenui-o-te-po, ahakoa kua iriiria rtou hei Karaitiana ta rtou poroporoaki ki a ia, e hoki ki a Hine-nui-te-p. No, they are praying to their Maori gods, te whaka putanga. Although they were baptised as Christians, they did not give up their faith to their gods. When Williams died, the ancestors, like Whakaneineima and Apirama Taonui, they farewelled Williams by saying, they gave him the farewell that Ngapuhi gives to the chiefs. Farewell, farewell. It is a long incantation, but the kernel of that chant, that farewell chant is you have gone into the hands of Henenui Tepou. Although they had been baptised Christians, their farewells to Williams, farewell to Henenui Tepou. Me huri inianei koe ki te whakamrama o tr t huatanga e p ana ki a Mnuka, ka uru ia ki tnei kaupapa Pkeha. Turn now to explain what Manuka quoted. The sacred confederation of the tribes of New Zealand, koinei tana whakapkeha m He Whakaminenga, kei te pai tr whakapkeha ki a koe? That is his translation for he whakaminenga. Is that good, does that sit well with you? Te Whakaminenga o ng hap o Niu Tireni ki au, i te reo Pkeha, the rangatira of all the hap, puta noa i Aotearoa. To me, that in Pkeha. Manukas translation though, have you got it in front of you? He adds the word the sacred confederation of the tribes of New Zealand. Where is the translation? Te whanga tua, there is two boxes under historical semantic translation.

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Wai 1040, #4.1.2 RE AS RE 5 AS Te whakaminenga o Ngpuhi Niu Tireni, The sacred confederation of the tribes of New Zealand. Koinei tana whakapkeha, phea whakaaro m tr? Tika mrika, he hunga karakia ki te Atua, e. So can I say it in English? I want to get this really clear because it is such an important phrase. The construct whakaminenga comes from a gathering when we are paying sanctity to our gods? e, koia tn Yes. So that is in the term whakaminenga that is implicit and understood by the Mori mind? Kia ora, tika mrika tn. Yes. So you need to explicitly give that sanction when you translate it into Pkeha to give the sacredness of that coming together its proper status. Correct. So Manukas translation as the sacred confederation of the tribes of New Zealand is highly appropriate, even though the word tapu is not in that phrase. It is absolutely appropriate and correct. Now if I can go back to your brief, at page 3, paragraph 2. e. You say in paragraph 2, I would like to go to the English version, kia mhio ai aku hoa. Okay, kia ora. You say it was a declaration of the word of the supreme authority of the rangatira of the hap to this land. Was number was that, Annette? Paragraph 2. Yes. Anei te whakapkeha.

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Wai 1040, #4.1.2 RE Yes, okay. He whakaputanga o te rangatiratanga Niu Tireni is a declaration to the world of the supreme authority of the rangatira of the hapu to this land, Aotearoa, correct. This was not an aspiration, was it? declaration? Yes. Do you understand, he rerek te moemoea, ki te whakatau kaupapa. Do you realise the difference between a dream? Ae, tnei he whakapuaki ki te ao. Can you whakamrama, I think its really important because, there is a huge difference between aspiring to something and declaring it so it is so. No, they are telling the world of this, yes, correct. Now, you say you use the word supreme authority. Yes. It is also the word that Mnuka mentions in his brief, which was asserted at the hui in 1984 at Waitangi. Were you there with Dame Mira and a number of others that met in 1984 to look at the status of The Treaty, the constitutional status of The Treaty? I was not there, no. Okay. So notwithstanding you were not there, and I am sure you have not read this because this brief - - No, I have not. - - - you still assume that that is the best translation. Why did you use the word supreme? I used the word supreme because of the mana which derived from Io Matua-te-kore, Io Te Kakan, that is why I used the word. It comes from there. My last question, because I do not want to take up too much time, can you understand The Treaty without understanding these meanings that we have discussed in he whakaminenga and he whakaputanga atu? Can you really understand The Treaty without understanding that conceptual framework we have just discussed? No, it is not possible, Annette. It is not possible to understand it in terms of ng whakaaro a ttou matua tpuna, it is not possible, n. In the thoughts of our ancestors. This was a known fact, a

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Wai 1040, #4.1.2 AS JC AI Thank you, I have no further questions. Mr Irwin? Yes, sir, I do have one question.

Andrew Irwin questions Rima Edwards [11.04 am] AI Kti, tn rawa atu koe e te rangatira e t mai nei, tnei te mihi atu ki a koe, kotahi anak te ptai atu ki a koe, ka huri au ki te reo Pkeha. Trans AI Greetings to you, Rima. I have one question. There are many different interpretations of The Treaty and many different ways of looking at it. One way of looking at it is that the rangatira agreed through the treat that the governor that they agreed to sign The Treaty on the advice of missionaries so that the governor could be a governor to do whatever he needed to do for the benefit of Mori and Pkeha. I would be interested in your thoughts on that perspective. What really swung it for our tupuna was they were clear in their minds, Anaru, on this is why I say Henry Williams remained truthful to our tupuna in two very important respects. He translated the cession of sovereignty correctly in what we call Te Tiriti tuatahi, and that was rejected right here. The second part where he remained totally truthful to our people was his explanation of the word kwanatanga, which he explained to them here, he matua Kwana i runga i te aroha and that is really why it only took them a matter of two or three hours to make that decision. So in other words, it was the fine print amongst a whole lot of print. Kti, kua mrama k to whakautunga mai, tnei te mihi atu ki a koe, tn koe. That is clear. Thank you very much. Tena koe Anaru. Dr Gilling, we will take the break now and then we will like I say, we have only just received this, and then if we have any questions, we will notify you after the break. Thank you, your Honour.

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Morning Adjournment

WEEK 2 DAY 5 SESSION 1 [11.06 AM] FINISHES WEEK 2 DAY 5 SESSION 2 STARTS
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Wai 1040, #4.1.2 rangatiras on, the full text of what we call Te Triti tuatahi. It was on that basis that, I suppose in English it means to cede - yes, to let go, to give to Queen Victoria. To be lost forever to Queen Victoria, the mana, the supreme power I suppose - supreme authority of all their lands, and I personally thank Henry Williams for being truthful to our tpuna in that one very important respect, and on that basis that Triti - that document, was rejected right here. PT 10 RE Ttou m, before we go on, there are far too many people standing up and having their own private conversations and are distracting from the speaker. Can we have a bit more respect, please? Kia ora. And in the matter of kwanatanga, of course, he also clearly, on the document which our tpuna signed, ka tuku rawa atu ki te Kuni o Ingarangi ke tonu o te kwanatanga a rtou whenua, he explained to them that kwanatanga, as written in the document, was He matua Kwana i runga i te aroha and Henry Williams would say of the tpuna throughout the country - I dont know, somebody would have to do the figures, Im only assuming that he would have been at least involved with up to 300/400 of those rangatira who signed from here south. If that is so, then one can accurately assume in my view that he told them the same thing. What they told Te Rauparaha to make him sign in only one or two hours I dont know, but Henry Williams, Im assuming, would certainly have told the rest the same thing he told them here. Kia ora. JC BG 25 JC RE Tn koe, tautoko au i ng mihi. Thank you, sir, that completes our evidence. Thank you, Dr Gilling. Your Honour, I want to just say that on behalf of our people and the kaikrero from the beginning, I just sense a matter of indignity that has been placed on our kaikrero right from the beginning of these hearings. I do not blame the Tribunal for it. It is not your fault, because I know that the whole process is under resource, but I have felt that our kaikrero who came here in good faith have been herded like a bunch of cattle, and I just wanted to say that to the Tribunal. Kia ora mai ttou. Tn koe matua, m t kaha krero, kaha tika, tn koe, tn koe.

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NG MTEATEA 35 PA Tn koutou. Counsels name is Ms Agius, and I appear for Mr Haami Piripi. Mr Haami Piripi will be speaking from his brief today which is being filed as document number B26, but he will be elaborating on a number of areas in his brief, and so we seek leave, youre Honour, to file an amended brief next week, incorporating the matters he will be talking about today. Thank you, your Honour.

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Wai 1040, #4.1.2 HP Heoi an, ko te kupu tuatahi ki a koe te kaikarakia i te ata nei, i whakarite ai tn t huatanga kia waenganui i a ttou, i runga hoki i t ttou nei marae, ki roto i t ttou nei kinga, ki Waitangi nei, me mihi tonu atu ana ki a koe, tn koe, whakatutuki ai tn whanga hoki o ttou ki t ttou nei taha wairua. Me mihi katira ki ng tangata whenua hoki o tnei takiwa nei, ki a koutou e Ngti Rhiri, me mihi tonu ki te tohu rangatira, me mihi tonu ki te rkau tapu, me mihi tonu ki te hunga mate, na reira hoki, ko ttou nei e noho ake nei, ko te hunga ora, e whai atu nei ng mramatanga, ng kaupapa m ng tkanga hoki o ttou matua tpuna, tn r ttou katoa. N reira, e te hiamana o Te Taraipiunara nei, e mea ana te krero ko Te Roopu Whakamana i Te Trti o Waitangi, e te Judge e Craig Cox, tnei te mihi atu ki a koe, mihi atu ki a koe ki runga i te whnaungatanga kia waenganui i a ttou, a tua nei, ara, ko Ngti Pikiao, ko Te Arawa, e ttaihia nei ki te iwi nei o Ngpuhi-nui-tonu, na reira tnei te mihi atu kia tautoko ana ng krero o mtou matua, ki a koe, kia tat mai ki Waitangi nei, kia whai mai i ng tapuwai o ttou matua tpuna. Ara an, ko te maunga o Hikurangi e t ana, tnei te mihi atu ki a koe e te whaea, ko t ttou nei maunga r, te whi tuatahi o te hiringa o te r, ara ana ng krero e p ana ki a Maui-tikitiki, ng mea hohonu e pangia nei ki t ttou nei maunga ko Hikurangi, ko koe tn e haere mai nei ki te whina mai ki te tautoko mai i tnei kaupapa, n reira nau mai haere, piki mai, kake mai. Ko koe hoki tnei e te matua e Rangi, ehara i te mea he tau hou hoki koe ki tnei kinga, mhio tonu atu koe ki ng hunga o tnei takiw, e p ana an hoki t, ki tnei iwi nei r, tnei te mihi atu ki a koe, e haere mai nei, Whakathea, ki te whakamana tnei kaupapa kei mua i a ttou. Ara an, ng mihi ki a koe e te matua, n Ngi-te-rangi, me Ngti Rangi, ng iwi rangatira nei, ng iwi ttai nei, ki te waka nei, ki Tkitimu, anei an ttahi uri o Kauri, e noho ake nei, e krero atu nei, te ttaihia nei, ki t ttou nei tpuna a Kahungunu, nn an i hkoi haere ki tn pito ki te tn pito, nn an, i tuiti hoki ng iwi katoa, e pngia nei ki tna whakapapa. Heoi an, me mihi ka tika ki a koe e te rangatira, e Richard Hill, i te mea, kua rua rawa koe, noa ake nei i roto i te huatanga o nei mahi, mhio tonu atu au, ko koe te tangata i whiwhi, i kite, i mauria nei te pukapuka o Te Kooti, kua puta ana krero ki tna iwi, i roto i tana pukapuka nei, n an i whakaora ake tn tonga, hei tonga m te iwi, n reira me mihi atu ki koe m nei mahi, e p ana ki tn tpuna e p ana kia ttou te Mori, n reira tn koe. Heoi an, e te whaea e Joanne, mihi tonu atu ki a koe, ko koe tonu te kaiwhakaako i ng roia katoa pea, i roto i te huatanga o nei mahi, kua roa rawa koe, noa ake nei ki tn whare wnanga ki te whakat, t mramatanga ki roto ki tn, i tn, i tn, n reira tn koe i haere mai nei, i whakaae mai nei ki te whakarangatira ake tnei Taraipiunara nei, e noho ake nei, e whakarongo ake nei ki a mtou e tangi nei, ara an, ko nga waka, e ttaihia, ng waka e ka nei, e ttaihia nei, e ttou te iwi Mori.

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Wai 1040, #4.1.2 N reira i runga i tnei krero, e tiro atu au ki te ingoa nei, ki Te Roopu Whakamana i Te Trti o Waitangi, me te tapu o tn Kawenata, kua rongo koutou ki ng krero e p ana ki ng moko, e p ana ki ng rangatira nei, n reira, tku e mea atu ki a koutou, m n wawata, m n tkanga, m n krero, kua mau koutou, i te mea, kua noho nei koutou kei raro i te maru o Te Trti o Waitangi, kua mau koutou i roto i tna wairua, kua mau koutou i roto i tna tapu, na reira, tnei te mihi atu ki a koutou e noho mrika nei ki te whakaw, ki te whakarongo ki ng krero. Ka huri au ki te krero Pkeha m ttahi whanga, ka hoki an ki te krero Mori m tahi atu. Trans Firstly, observations to that person who administered our prayers this morning, thank you, and let us acknowledge the home people of this area and to Te Taurangatira, the sacred tree and to those who have passed on. So we are here, the living following in the paths, in the matters of our ancestors, greetings. So to the Chairman of the Waitangi Tribunal, greetings to you Judge Greg Coxhead, and in the kinship ties, Te Rarawa ties between Ngpuhinui-tonu and Te Rarawa and support the words of our elders to welcome us here, and the mountain Hikurangi that stands tall, greetings to you matriarch, Keita, the place where the sun shines on first on that momentous mountain of Hikurangi where Mauis waka is situated, so welcome to assist works. Greetings to you Ranginui, its not as if you are a stranger to this place, you know the people of this area and you also have linkages into this iwi, so I would like to thank you Whakathea for coming here. Greetings to you, Sir Kihi Ngatai from Ngi Rangi and to the waka of Takitimu, here is a kin of Kauri and our linkages to the ancestor of Kahungunu, the traveller who walked the lands of this country and bound them within his whakapapa. So it is appropriate to acknowledge you, Richard, for you have been in these activities for a long time and you wrote that book of Te Kooti and you also revived that book as a legacy to present for all the people. So we want to thank you for that. So to you Joanne, you were the teacher of all the lawyers in such matters of the Tribunal, for you were a long time at the university infusing knowledge into the young students there, so we welcome you and we are thankful that you are here listening to our claims and to our entreaties. And so these waka that we have mentioned here are principal within te iwi Mori. Now in my evidence, I look upon the name of Rp and the sanctity of that covenant, and we have heard about the chiefs who put their moko onto the declarations, and so for those legacies, those dreams and those

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Wai 1040, #4.1.2 aspirations of them, you have caught them, you have felt the spirit and the sanctity of The Treaty, and I acknowledge your steadfastness in sitting here to listen to our experiences. HP 5 This submission contends of the core elements of what might be called sovereignty in international terms was already present among the tribal nations of Aotearoa. Prior to colonisation and the Te Rarawa signatories to the Whakaputanga and the Declaration of Independence and the Mori version of Triti of Waitangi did not, and did not intend to, nor did it in fact assign or relinquish any form of sovereignty upon the signing of either the Whakaputanga or the Triti of Waitangi. The Whakaputanga and Triti were signed with the intention of reinforcing and enhancing the mana and chieftainship of Te Rarawa signatories as already had been determined with Busby and Eru Pare in the build-up prior to the signing. 15 He Whakaputanga was understood by Te Rarawa signatories to be a declaration of their sovereignty and independence which has become our sovereignty and independence. It was and was intended to be a verification of our sovereign status as leaders, as chiefs of our iwi, of our hap and our whnau groups and in an effort to form a strategic political alliance with other tribes of Ngpuhi-nui-tonu and other tribes of the motu. The Te Rarawa signatories signed the Triti with the comprehension and understanding that they were signing an international treaty between two separate nation states, namely themselves as an independent sovereign nation and the British sovereign as a separate nation, distinct from themselves. Therefore the Triti must be read and interpreted in light of the declaration of tino rangatiratanga in the Whakaputanga. The British sovereign subsequently set in train a series of actions and policies which resulted in their illegal and invalid usurpation and subsumption of both the independent tribal nation of Te Rarawa and the Confederacy of the United Tribes, and this has resulted in a raft of injustices. These injustices have robbed our people and our communities of immense, political and economic potential, national and international opportunities, in particular in trade and commerce and has extinguished any opportunities that we may have had to build ourselves up as a nation, and this usurpation of our ability to maintain our international relationships has been fundamental in making that happen Ka taka ki te krero nei, ko wai au, kei phh pea koutou he [Indistinct 11.53.20] ki te krero engari, ehara, kua whakaputa ku krero m taku whakatupuranga i roto i tnei kaupapa nei, kia mrama hoki koutou ki taku whakatupuranga o ku mtua, me pea hoki au, i whiwhi i ng krero nei, mai i ku mtua. N reira he uri ahau n Te Morenga, kei Ahipara ahau e noho ana, ko ahau te kai-krero m tahi o ana kaupapa m te whenua ki Mpere, tahi o ana mana ki Ahipara m te marae, m te hap, ko Patu-kirikiri, tae noa mai ki na nei ttai, e ttaihia nei ki te iwi o Te Rarawa. Kei te

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Wai 1040, #4.1.2 tautoko hoki tku iwi i te huihuinga o ng marae, rua tekau ma toru ng marae, e whakapiri ake nei, kia t ai ttahi rnanga m mtou, m Te Rarawa, ehara i te mea, e krero ana ahau m ttahi marae, ehara i te mea, ka krero atu au m ttahi hap, engari, e krero ana au m te whnuitanga o tku nei iwi, ko te iwi o Te Rarawa, kei raro i te mana o ng tpuna, na rtou an i haina te Whakaputanga, na rtou an i haina Te Trti o Waitangi, i roto i te reo Mori, kihai ng tpuna nei i kite atu ng krero Pkeha, ko te krero Mori katoa o ng tuhinga, ko te krero Mori te katoa o ng whakamrama ki a rtou. I tupu ake au i ng rekereke o ku mtua, i reira ahau e noho ana ki te whakarongo ki a rtou i runga i ng marae, kei roto i ng hui, kei runga hoki i ng krero, i roto i ng whare karakia, ng mea pr, he tamaiti haere ahau ki ng marae, tae noa mai ki tnei marae nei, i a tau, i a tau, mai i taku nohinohitanga, i haere mai nei au ki Waitangi nei. I te w e tamariki, i haere mai au ki te kohikohi rpihi, atu i tr, ka pakeke haere, ka tae au te, mow ng lawns nei, atu i tr, i reira hoki au i te taha a Tom Mnu, e whakapai ana t ttou nei waka, Ng-toki-mata-whao-rua. Ka mutu, ka riro ttahi whanga ki au, hei kaihoe m te waka na, ka mutu, ka t an ahau ki Waitangi nei, ki roto i te roopu kapahaka, kia pwhiri atu ki ng manuhiri, kia tat mai i runga i tnei marae, atu i tr, i haere atu au ki te whare wnanga, ka akona atu, ka whnui atu i ng krero a te whare wnanga ka hoki porothi mai ahau ki te kinga nei, me te roopu nei, ko te Waitangi Action Committee, nku an ttahi haerenga mai i runga i ng hkoi, kua mhio p au, kei raro au i te maru o t ttou nei kuia a Titewhai i tr w r, nn an i whakaako i roto i ahau tahi o ng tkanga e p ana ki tnei kaupapa, i noho nei au ki te porothi, m te Trti o Waitangi, atu i tr, i hoki tonu atu au, ki ng mahi ki Pneke, ka hoki mai an hei kaiwhakahaere m ng hui ki konei. N reira, ahau nei, i noho nei au ki te whakamahia ng whanga katoa, e p ana ki tnei r nei, m te whakahnore i te Trti o Waitangi, n reira, kua mhio p au, ki ng krero o ku mtua, e mahara ana ahau ki ttahi w i haere mai mtou ki konei, kei raro i te maru a Pumi Taituha, me tahi atu o ng kaumtua o Ngpuhi, na rtou an i noho nei, kei waenganui i a mtou ki konei, ki tnei marae tonu, a rtou an i whakamrama mai i roto i te wnanga ng krero e p ana ki te whakaputanga, i haere katoa mtou ki tr whi r, ki te tau rangatira, na rtou an i whakamrama mai ki a mtou, kei waenganui p, ng krero e p ana ki te tau rangatira. Ka mutu ki tn, ka haere mai tonu ki te rkau tapu nei, me a rtou nei krero, na rtou an i mea mai ki ahau, ko te tapu, ko te mauri o ng krero, i whakarite ai ng rangatira i noho nei ki te krero m te whakaputanga, kua tukuna, kua whakatngia kei raro i tn rkau, kia t tapuwae tn rkau kei waenganui i a ttou, na rtou an i mea mai, mn ka titiro atu ki tn rkau kia puawai mai i te rkau, ka ora tonu te iwi, ki te kore, he tohu an tr. N reira, koia n ng krero i waihtia nei tahi o ng mtua ki a au, mahara ana au i reira hoki a Titewhai i r wnanga, i tr w e ora atu tahi o ttou nei mtua tpuna, n reira ehara i te mea, he tohunga ahau, engari, he tamaiti tonu, i tae mai nei ahau i te r nei, ki te whakaputa ku

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Wai 1040, #4.1.2 krero, he maharatanga ki te krero o ku mtua, kia puta kei mua i t koutou nei aroaro, ki te whngai i ng krero, n reira, he kai-krero tonu ahau, m te iwi o Te Rarawa, ki roto i te Wai 262 claim, he kai-krero ahau, i roto i ng Historic Claims, he kai-krero ahau, m te seabed and foreshore claims, ng mea ana e pngia ki te iwi whnui o Te Rarawa. N reira, he honore nui tnei, kia t, kia puta o nei krero ki waenganui i a ttou, n reira, kua taunga k hoki ahau ki ng mahi kerme nei, kua roa rawa ahau, e noho i mahi ake nei i roto i tnei t huatanga, kua whai mana, kia t ki tnei krero mai i te heke iho, mai i tku nei tpuna, ko Te Mrenga, kia t ai ahau, kia puta taku krero, e t ana au i runga i na pokowhiwhi, i runga i te maharatanga ki a ia, te maharatanga ki na krero. M ng hap nei, e ttaihia nei ki te iwi o Te Rarawa, toru tekau ma rua o ng hap e ttaihia nei ki te iwi o Te Rarawa- - 15 Trans I turn now to the part that identifies myself, unless you think that I am a kumara who is talking about themselves, but I would like to explain my upbringing within the tribe Treaty process, in my growing up, my elders and how I received these stories. I am a descendent of Te Morenga, I live at Ahipara, I am the spokesperson for some of the lands and some of his mana at Ahipara, the marae, the hap and the Te Kerikeri and his genealogical ties to Te Rarawa. My people support the gathering of the marae, 23 marae who come together to stand to establish a rnanga for Te Rarawa. I am not just speaking on one marae, I am not just speaking of one hap, but I am talking about the depth and breadth of Te Rarawa under the mana of the ancestors who signed He Whakaputanga and the Te Triti of Waitangi. In the Mori language our ancestors did not read the Pkeh version but all of the writings were all given in Mori and the understandings of The Treaty were given to them in Mori. I grew up with my elders - I would sit and listen to them at the marae, in the meetings, and also in the churches and their discussions. I was a child who would go to the marae, unto this marae here every year from the time I was very young unto this time I would come to Waitangi. When the time I was a child I would come to collect rubbish. From that time when I was old enough to mow lawns, to push a lawnmower, then thats what I would do. And in addition, I was also at the time of Tom Woon, improving our waka, Ngtokimatawhaorua and then I was given the position of rower in the canoe. I was also in the kappa haka that welcomed the people onto our marae. I later went to university and I found more enlightenment there, and I returned home as a protestor with the Waitangi Action Committee. I would come on the hikoi to hear, under Titewhai Harawiras grouping. She taught me some of the matters pertaining to this matter - I protested for The Treaty of Waitangi and I then went to Wellington to follow my career path, and then returned home to offer back to the people. So I

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Wai 1040, #4.1.2 have been involved in all ends of this momentous day of Waitangi, so I know well the stories of my ancestors. I recall well when we came here once under the mantle of Pumi Taituha and some of the other elders of Ngpuhi and they would stay amongst us here at the Te Tii Marae and they explained to us in our wnanga some of the evidence about our elders and we all went to Te Taurangatira and they explained to us in the middle of the night the information pertaining to Taurangatira. After that we would go straight to Te R, the holy sacred tree here, and they also told us that the tapu and the life principal that the leaders sat to discuss Te Whakaputanga have all been infused and placed into that tree. So that tree remains a sacred tree, and they said if you gaze upon that tree when it blooms then you see that the iwi is alive. If it doesnt bloom then there are problems accruing. These are some of the stories. I record Titewhai was there at those wnanga. At the time some of our elders were still alive at the time, so its not as if I am an expert, but I am a mere child who would come here today to express my thoughts and memory of my elders in your presence and to add to the evidence that you already have. So I am a spokesperson for Te Rarawa in Wai 262 claim, I am a spokesperson in the historic claims, I am a spokesperson for the seabed and foreshore claims - all these things that pertain and impact on Te Rarawa. So this is a great honour for me to stand before you and present my evidence amongst the people. So I have become accustomed to the claims process for a long time, I have been involved in these works and from Te Morenga unto this time, that gives me my right to speak here. I stand upon Te Morengas shoulders and in memory of him and his words. For the hap link to Te Rarawa, 32 hap link to Te Rarawa - - HP 30 - - - toru tekau ma rua o ng hap e ttaihia nei ki te iwi o Te Rarawa, engari, m te Rnanga nei, kua whakatria, ko ng marae, ng mema, e kawea ana ng krero o ng hap nei, ehara i te mea, ka t tnei ki te krero m ng hap ehara, ehara i te mea, ka t ki te krero m ng marae, ehara, he mana an t rtou, engari, e t ana ahau ki te krero m te iwi whnui nei, m te toru tekau ma rua o ng hap whnui, o te korowai nei o Te Rarawa, n reira, tnei he krero an e ttaingia nei, ki ng tpuna, tokowh, tokorima pea, ko Paphia, ko Te Morenga, ko Te Hh, ko Panakareao, ko Te Matangi, koia n ko ng tino rangatira, i hainatia ai, tnei mea, te whakaputanga, tae noa mai ki Te Trti o Waitangi. He uri tt ahau m tahi o ng tpuna nei, i runga an i te ao Mori, te maramatanga Mori, te wnanga Mori pea, e p ana ki a Ranginui rua ko Papa-t--nuku, kua runga ake au ki ng krero e p ana ki te atua kotahi, kua rongo au ki ng krero e p ana ki tn kaupapa engari, ko tku nei e krero ana au m Ranginui rua ko Papa-t--nuku i te mea, ka moe a Ranginui ki a Papa-t--nuku, ka puta ng mea ora o te ao whnui, o te ao troa nei, ka riro ko a rua nei uri, i noho ake nei, he Atua m te taiao, hei Atua m te tangata, tr ko Tne Mahuta, tn tana

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Wai 1040, #4.1.2 mahi nei, i whakamahia nei, ko te wahine nei, Hine-ahu-one, nn an i whngai i tna oranga, nn an i ai atu i a ia, kia whakaputa a Hine Ttama, kia whakahurihia, ko Hine-nui-te-p, ka heke iho nei, ko te tangata nei ki a Tiki, tae noa mai ki a Maui, koia n ko ng ttai e ttaihia nei, ehara i te mea, he tohunga ahau ki te ttai i nei ttai engari, e mhio tonu atu au, kei kona an ng Atua o te ao Mori, heke iho nei, mai i a Ranginui rua ko Papa-t--nuku, heke iho nei, ki ng whi katoa, ki ng pito katoa o te ao. Ara an, ko ng krero e p ana ki a Maui, ko te ingoa o t mtou nei rohe, ko te Hiku-o-te-Ika, tku e mea atu ki a ttou, ko te Hiku-o-te-Ika, koia tr te ingoa tuatahi o tr whi r, ko te ingoa matmua nei, i te mea, he ingoa tn i heke mai i a Maui, n Maui an i h ai tnei ika, i h ai tnei whenua, i runga i tna i kite ai i te rangi, ara ko te matau a Maui e t ana i te rangi, ara an, ko ana mahi i haere mai nei i runga i tna waka, kia h ai tnei waka, ara an, ko te Hiku o te Ika, e noho nei, e takoto nei ki te Nta. N reira, ehara i te mea, ko Maui anak, ng krero i rongo atu koutou ki ng krero e p ana ki a Kupe, e, ng krero e p ana ki a Kupe, haere mai a Kupe mai i Hawaiki, mai i Motutapu, nn an i haere mai ki konei, nn an, n tana wahine an i te painga, te ingoa o tnei whi nei, ko Aotearoa, ko n krero katoa, n Kupe an i haere mai ki Hokianga, ko te whi nei na ko tna ingoa, ko Te Hokianga-nui-a-Kupe, i tna wehenga atu ka hoki atu ki Hawaiki. I te w e noho nei a Kupe, nn an, i whakatria, ko Te Puna o Te Ao Mrama, nn an, i tupu tana tamaiti ki tn puna, kia t ai tna mana ki konei, kia noho nei tna wnanga ki konei. Na Kupe an i whakatria tnei mea te ara wairua, , ka rongo hoki ttou ng krero nui e p ana ki te ara wairua, e mea ana te krero ko ng Mori katoa, ka hoki atu ki Hawaiki nui, Hawaiki roa, Hawaiki Pamamao, i runga i te ara wairua. N Kupe an i whakarite ai tn ara wairua, mai i Hokianga nei, tae noa ki Te Rerenga Wairua, n reira, ko Kupe an ttahi tpuna rongonui. Ka heke nei ki ng tpuna, ki a Toi, ki a Turi, ki n tngata katoa, te waka nei o Aotea, te waka nei o Kurahaupo, ko n krero i puta i a Ross Gregory i te ata nei, e ttaihia nei, ko te tpuna ko The, kia ttaihia nei ki ng tpuna, ki a Moetonga, ki a Tamatea, ki a Waimirirangi, heke iho nei, ki a Tarutaru rua ko Te Rua Pounamu, n reira, i rongo atu au ki ng krero a Hirini Henare, a Hone Sadler, e p ana ki nei tpuna, n rtou an i whakapapa, heke iho nei ki nei tpuna, mku an i tikina ng tpuna nei, kia whakawhiti atu ki ng ttai o Te Rarawa, ara an, ka heke iho nei ki ng tpuna tokorua nei, ko Rua Pounamu rua ko Tarutaru, n reira, i noho ake tn tokorua nei, i runga i te krero e p ana ki tnei iwi, n Tarutaru an e haere atu ki Te Kaipara, kia whiwhi te ingoa nei, Te Rarawa Kaiwhare. He kaupapa an hoki tr mn, m tana rapu i te utu e p ana ki te kuia nei, ko Te Ripo, nn an, i haere atu, i khurungia tn iwi kia whai utu m taua kuia r, kia t ai tnei ingoa, ko Te Rarawa. I mua i tn ingoa, i mua i tn ttai mai i a Tarutaru rua ko Rua Pounamu, i r hoki ko Puhi-te-iwa, i reira hoki ko Te Twhiu, i reira hoki ko tahi atu iwi, e noho ake nei, e noho ake nei i roto i t mtou nei rohe, engari in Tarutaru rua ko Rua Pounamu, i whakarauemihia, i tuitui haere o a rua

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Wai 1040, #4.1.2 nei tamariki, kia t ai to rua nei mana, ki k, ki k, ki k, mai i te awa o Hokianga, tae noa mai ki Hukatere, ki Te Oneroa The. Ka mutu ko Tarutaru rua ko Rua Pounamu, ka puta ko a rua nei uri, ko ng tpuna e krero nei au, ko Pph, ko Te Hh, ko Te Mrenga, ko Panakareao, ko mokopuna katoa rtou mai i tn tokorua, n rtou an i noho ake nei, ki te whakahere ake i ng kaupapa e p ana ki o rtou nei hap, n rtou an i noho ake nei ki te whakahere i ng kaupapa e p ana ki te iwi. I tr w, i tae mrika mai te iwi Pkeha, kei waenganui a ttou, n reira, kua kite, kua mrama atu o mtou matua tpuna ki n tangata, na Te Mrenga ano, e haere atu ki Ahitereiria, n Pphi an, e haere atu ki Ingarangi, n, kia kite atu, ko Panakareao an, nn an, i haere i te taha a Proa rtou katoa, te taha a Proa, ki hea rnei, ki te motu, kia pakanga ai ki tn iwi, ki tn iwi, ki tn iwi, n reira he taunga k nei kaumtua, nei rangatira nei ki te ao Pkeha, he taunga k ki ng tkanga o te iwi Pkeha, kua kite mrika rtou i roto i Ingarangi, kua kite mrika rtou i roto i Ahitereiria, kua mhio p rtou, he aha te take e p ana ki ng, mahi a te Pkeha nei. N reira, ehara i te mea, ko rtou tokowh, tokorima rnei, ng tino p krero m te iwi whnui o Te Rarawa, engari, ko rtou ng mea mhio, ko rtou ng mea i whakamrama ake ki rtou nei whnaunga, ki rtou nei tuakana, ki rtou nei teina, ar, i haere atu mtou ki k, i kite atu mtou ki tnei, i mrama atu mtou ki- - -me mahi pnei, me mahi pr, me mahi pnei hoki ttou. Koia tn ko te huatanga o tnei, me te rangatiratanga, ehara i te mea, kia t te rangatira nei, ki te tono atu ki wai rnei, ki te whakamahi o ana mahi, ehara, ko tnei te rangatiratanga, ki waenganui o mtou nei tpuna, he rite tonu ki te puke, ko te puke nei, mehemea he puke nui, he puke iti, koia tn ko te huatanga o te rangatira nei, engari, ko Pukepukerau o mtou nei rohe, i ng rangatira nei, ko wai ka mhio, ko wai ka piki ake, ko wai ka heke iho, kua pr tonu te huatanga o t mtou nei rangatiratanga nei, ko ng piki me ng heke o ng rangatira i te rerenga o te w. N reira, ka t au m te kaumtua nei m Te Mrenga, he kaumtua rawa hoki tr, i raro i te maru nei o t mtou nei tpuna a Proa, n, ko Proa hoki te tino tangata m Te Rarawa nei, n Proa an, i whiwhi te tranga a Tarutaru i tna matenga, n ko Proa an, i haere mai ki Ahipara, ko Proa an i haere atu ki te pakanga ki tn iwi, ki tn iwi, engari ko te mutunga iho, ka hoki mai a Proa ki te kinga nei, hei kaumtua, hei kai hhou i te rongo. Ko taku mhio, i tono atu a Te Wherowhero ki a Proa, kia haere atu ki reira, ki roto i a r, kia waenganui i a rtou, ki te hhou ttahi rongo, kei waenganui i a rtou, e p ana ki a Ngti Maniapoto, e, i haere atu a Proa ki reira, nn an i whakamahi o ana mahi, nn an i whakahokia mai ki te kinga, ttahi tamaiti, n rtou an i tuku ki a ia, m te huatanga o ana mahi, ko Te Kanawa tr, ng hikitanga tna ake ingoa, anei an, ttahi o ana uri, e noho ake nei. Ko ng krero e p ana ki tnei kaumtua, ehara i te mea, ka t au ki te whakaputa, he Bibliography m ia kaumtua, heoi an, ka tat taku krero ki a rtou, kia mhio tonu, he aha a rtou nei mahi, ehara i te mea, kia whai maramatanga m rtou, nei whakatupuranga.

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Wai 1040, #4.1.2 I tupu ake ahau ki Ahipara, kei raro i te mana o Te Mrenga, n taku tpuna i tiakina ahau mai i taku nohinohitanga, n reira, he tamaiti whngai ahau, i tukuna atu taku mm, tna pp nei ki tana matua, ki te tuakana o tana pp, n, ko Henare Piripi tr, nn an i whakaako i ahau, nn an i whakatupu i ahau, mai i taku pptanga, ko taku tino pp hoki tr, nku an i whi atu i a ia i tna kaumtuatanga, ki tn hui, ki tn hui, ki tn marae, ki tn, aha rnei. N reira, kua mhio p au ki na mahi, i te w e ora ana tn kaumtua, ko ia tonu te kaikawe krero m te tpuna nei ko Te Mrenga, i tna matenga atu, ka heke, ka riro tn whi ki ahau, heoi an, n ku mtua ahau i whakaako, n ku mtua ahau i whakarite, kia kawea tnei krero, tnei maramatanga, he maramatanga n rtou i runga i taku maharatanga ki a rtou e krero ana, ki runga i te marae, i roto i ng tangihanga, ng mea pr. Ko Ephraime te p hoki, taku tino matua, i atawhaitia nei i ahau, i whakaako nei i ahau, kia t ki te krero, ko Simon Stone hoki an tr, ko Kngi Ihaka, ng kaumtua pr, n rtou an i whakat i roto i ahau, ku pukenga nei, n reira, ehara i te mea i mutu atu i reira, i taku haerenga ki te motu, ki te mahi ki k, ki k, i tutaki au ki ng rangatira rongonui o te motu, pnei a Hhua T-te-ngaihe, i a John Rangihau ng kaumtua tr i noho au ki roto i o rtou nei wnanga, ki te whakarongo ake ki a rtou me a rtou nei krero, n reira, i haere tonu atu au ki te whare wnanga o Massey University, ki te whiwhi taku Degree i te Bachelor of Social Work, kia mhio tonu te tkanga o tnei krero, ko taku majors nei, ko Sociology me Counselling, what a mix, n reira, i oti ahau i tn mahi ka hoki mai ki te kinga ki te awhina ki te hpai ku iwi ki te kinga nei. N reira, atu i tr i noho nei au ki te whakarongo ake ki ng krero e p ana ki Khuiarau, i te w o Porothi, tae noa mai ki tnei w, he hua mhio tonu atu au ki tn kaupapa m Khuiarau, n reira, he kaupapa whakahirahira ki u, tn pea a tna w, ka puta o rtou nei krero, n reira, kua roa rawa hoki ahau, i noho ake, hei kaimahi m tahi o ng tari Kwana, tae noa mai ki ng tau i tata ake nei, i hoki tika mai ahau ki te kinga, ki te arahi, ki te manaaki, ki te hpai hoki i tku nei iwi o Te Rarawa, e noho ake nei, mai i te awa o Hokianga, puta noa ki Te Oneroa a Th, n reira, e mrama p ana ahau ki Te Trti o Waitangi, me ng krero o ku mtua, he maha ng krero an ku, i ako ahau i te wnanga Mori, me te wnanga Pkeha, n reira kua taunga, kua waea tonu ki te mahi kauhau m tnei kaupapa. Kua haere ake au ki te whakaora ake o tku nei iwi, i runga i te mhio kei ng marae, ng tkanga, ng reo, n reira, kua pr tonu ahau, kei te ako tonu ahau ki nei taonga nei, kia whaikrero ahau ki te whakamrama ake, ki te whakaora ake i tku nei iwi. Ko te tiketike pea o aku mahi katoa i roto i tn t huatanga, ko te whakaotinga o te pukapuka nei, ko te ptaka kupu, he papa kupu reo Mori na Patu Hohepa mua i noho ake nei ki te whakahere tn kaupapa, kia puta tnei pukapuka nei, he papa kupu reo Mori, me na whakamrama i roto i te reo Mori, n reira, tn te mea mharo hoki ki a ttou katoa pea. N reira, ka hoki an ki te iwi nei o Te Rarawa, ko te rohe o Te Rarawa, i mea atu au, i whakawhnui atu mai i te awa o Hokianga tae noa mai ki

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Wai 1040, #4.1.2 Te Oneroa o Th ki Hukatere, he maha ng waka, he maha ng tpuna, puta noa ki te motu, i mana ai te ingoa i te w i whai utu m te khurutanga o Te Ripo, e he tika tr, ara an, ko ng krero e p ana ki a Kupe, ara an, ng krero e p ana ki te ara wairua. 5 N reira, ka hoki an ki te kaupapa nei m tnei kaupapa nei, ko te Ngpuhi-nui-tonu, i te mea, m te ttai, m te whakapapa, ka rite ai tnei whanaungatanga, tnei thonotanga, kei waenganui i a ttou, ara an, ko te kaupapa nei, ko Ngpuhi-nui-tonu, tn mea ko te rangatiratanga, te mana whakahere o tn o tn, ka piki ake, ka heke iho, ka titiro an ki te whakatauki nei, ka nukunuku, ka nekeneke, ka nukunuku, ka nekeneke, kite atu koe ttahi e pa mai nei, me he Pipiwharauroa, takoto te pai, takoto te pai. I roto i te huatanga o ng kupu o taua whakatauki, ka kite atu te whakaaro o mtou mtua tpuna, ka nekeneke hoki atu rtou, ka nukunuku hoki atu, kia kite atu te huarahi, kia whai hoki te marino, kia whaoa atu, heoi an, ko te huatanga o a mtou nei tpuna, ko tr ko te huatanga o t mtou nei tpuna a Proa, i roto i a mtou ttahi krero i ttaki a Proa ki Te Rauparaha i te w i haere mai a Te Rauparaha, te rapu tautoko m ana haerenga, kua ttaki rua, kua whakawhiti atu ng mere, n, mn te krero n Proa i tukuna atu ttahi mere ki a Te Rauparaha, na Te Rauparaha i whakahoki mai ttahi mere ki a Proa, i runga i taua whakatauki r, ka nukunuku, ka nekeneke. N reira, i te taenga mai o te Pkeha, kua turuturu tonu te iwi Mori nei, kua kite atu te mea rerek e haere mai ana, ko Koura rua ko Hiriwa, ko n t huatanga katoa, kua kite atu, kua mrama atu, n reira, o mtou nei rangatira, kua kite atu tnei kapua koe, e haere mai ana, i rapu huarahi hoki rtou kia tae ai te whakatutuki, ki te karo pea, tnei taniwh e haere mai ana, n reira, o mtou nei rangatira, he rangatira kakama, he rangatira maia, kua mau i ng mea pai o te Pkeha, he iwi mhio hoki mtou ki tnei mea te p, ki tnei mea te praharaha, i kite atu o mtou nei tpuna, kua rongo hoki koutou i haere atu tku tpuna a Hongi nei, ki Rnana, nn an i haere mai, nn an i peka atu ki Ahitereiria, ki te hoko tahi o ng p, kia hoki mai ki konei, ki te whai utu m tahi o ana take, n, i runga i tn mahi, ka kite atu, ko tnei mea te p, he tino new technology hoki tr, kua mauria e o mtou nei tpuna, ki tnei mea, kia tutuki o rtou nei hiahia, ko te toki an tr, ko te paraikete an tr, kua rongo hoki ttou ki te krero n tku kaumatua, tku rangatira nei a Ross m te paraikete whero, n, ko te paraikete whero, he tino tohu tr kei waenganui i a mtou, tn pea, na te paraikete whero an, i whakamuiuihia o mtou matua tpuna, engari, i te w i haere atu tku tpuna ki Ahitereiria, nn an i kite atu ng Pkeha nei i whakamahi ana ttahi candle wick fabric, katahi ka tangi tku tpuna, i te mea kua mhio tku tpuna, te roa rawa te kohikohi harakeke, ki te whakamahi hei muka, ki te whakamahi an hei korowai, kua roa rawa tn mahi, he uaua k tn mahi, engari, nn an, i kite atu te Pkeha, hwhe haora hoki noa iho, ka mutu te candle wick nei, i roto i ng mihini o te Pkeha. Katahi ka tangi tku tpuna ki tr, engari, i kite atu, i mhio atu te pai. N reira, ehara i te mea m ng mea pnei anak, ko te Paipera tapu an hoki ttahi, i rapu whakaaro hoki o mtou nei matua, e p ana ki tnei mea ko te Karaipiture, n rtou an i Rangahaua, n rtou an i

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Wai 1040, #4.1.2 tino kau atu ki ng krero nei, ko Hiakai hoki ku mtua ki nei krero i te mea, koin an i tuhituhia i te reo Mori, kua mhio tonu ttou n Hongi Hika rua ko Waikato, n rtou ko Hori Kendall i haere atu ki Ingarangi, kia whakatria tnei mea, ko te Alphabet Mori nei m ttou, te tkanga, te take o tr, kia whai mana hoki ttou i roto i te ao Mori, me te ao Pkeha, n reira, kua kite, kua mrama tonu o mtou nei matua tpuna, he aha ng mea pai o te ao Pkeha, he aha ng mea kino? N reira, i kite rtou ng whi hokohoko i ng taone nui a te Pkeha, puta noa i te ao, i mrama pai rtou i ng ture o te Pkeha, ng tkanga hoki, n reira, e whakapono ana au ki ng krero a Manuka Henare, i tr r, m tnei mea m te, Intense Business Activity, ko pr tonu te huatanga o tku nei tpuna, o rtou tokowh nei, kua kite atu rtou ng opportunities nei, kei mua i a rtou, kia whai oranga m o rtou nei iwi, n reira, e tautoko ana au ki ng krero o Manuka m tr. N reira, ka haere mai an ki a Ngpuhi-nui-tonu, he hononga ki ng rangatira ttou katoa, ko Rhiri hoki tr ki te kore koe e heke mai a Rhiri he hoiho pea, kua tika tonu n krero m ng uri nei o Te Rarawa, kua whai whakapapa nei ki tnei tpuna a Rhiri, n o mtou nei tpuna i whakatria tn tpuna, hei tpuna m ttou katoa, kei raro i te maru o taua tpuna r, ka noho ake nei, ko mtou, ko Ngpuhi-nuitonu, ahakoa ko thea te hap, ahakoa ko thea te iwi rnei, ko Ngpuhinui-tonu hoki ttou, kei raro i te korowai o tnei kaumtua nei, ko Rhiri, me tna kaupapa e p ana ki a Whria paeaka o te riri. N reira, ka kpiti hono, ka ttai hono o ng ingoa nei, ki ng ingoa ki tnei taha o Hokianga, ki tr taha o Hokianga, kia puta te krero, kia puta te whakatauki nei, tuia, tuia, tui, tuia. M te mrena hoki mtou i tuitui, i te mea, i te awa o Hokianga nei, ka tae ai te kau atu, ka taea te karanga atu ki t hoa rangatira, kia peka mai, he tata rawa atu, ng whnau, ng hap nei, ttou ki a ttou, e whakapono ana au ki te krero, ko Hokianga, ko Hokianga, ahakoa ko ng iwi, ahakoa ko ng hap, ko Hokianga, ko Hokianga, n reira, e whakapono ana au ki tn. Atu i tr, kei reira an tahi o ng ttai e ttaihia nei mai i te waka o Tinana, ko Tmoana o runga, ahakoa, kua hoki atu a Tmoana ki Hawaiki, kei konei tonu o ana uri, e noho ake nei, ko te iwi o Te Rarawa me te iwi o Ngti Kahu, ara an, kua hoki t mtou nei tpuna a Th mai i te waka o Kurahaupo, ara an, ko Puhi m Mataatua, n reira, kia mhio hoki ttou e noho ana ai a Ngpuhi me Te Rarawa ki te mahi tahi, ki te noho tahi m ng kaupapa nui i haere mai a Hongi Hika ki te hpai i a Proa i te w i whawhai atu a Te Rarawa ki Te Aupouri i runga i Te Oneroa a Th, i haere mai hoki ki Hukatere, i haere atu o mtou nei tpuna ko Proa m, ko Te Morenga, ko Pphia, ki te taha o Proa, ki te taha o Hongi, ki te taha o Pomare, ki ng whi katoa o te motu, i haere taua atu hoki rtou, i noho ake nei rtou i runga i te whakaaro kotahi, n reira, i haere mai hoki e Te Rarawa ki te hpai, ki te manaaki, ki te whawhai m te kaupapa nei, m te Dog tax war kei Waima, i noho ake nei, ko Te Mhurehure me Te Rarawa i runga i te whakaaro kotahi. He maha ku mtua e haere mai nei, mai i Ahipara, tae noa mai ki Waima, kia noho ake nei ki te whawhai atu nei m tnei kaupapa nei, kia

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Wai 1040, #4.1.2 kaua e tkhia o mtou nei huri Mori, n reira, he tino kaupapa hoki tr. N reira, me haere tonu taku krero, kia kakama pea taku krero, ka heke iho nei ki tnei mea ko Te Mori World View of Mana, ka taka au ki te krero Pkeha m tn. Trans - - - but for Te Rnanga that has been established by the marae and members from the marae I do not speak on behalf of the Maru - I do not speak on behalf of the marae, they have their own mana. I speak here on a broad scope of the 32 hap under the cloak of Te Rarawa. And so this is evidence that I offer pertaining to the 4/5 ancestors, these were the ancestors, the real true chiefs who signed He Whakaputanga and Te Triti o Waitangi. I am a descendant of some of these ancestors and in the Mori worldview and in the wnanga Mori worldview, pertaining to Rangi-nui and Papa-t--nuku. I have heard evidence pertaining to the one God, I have words pertaining to the one God, but I speak here of Rangi-nui and Papa-t--nuku because Rangi-nui coupled with Papa-t--nuku and begat those living things of this world. And it is their descendants who became gods for the environment and for man, that is Tne-Mahuta and the wife that he constructed out of clay, Hine-ahu-ona who fed who life principles so that Hine-titama would come forth and she would be eventually Hine-nui-ki-te-p and then unto Tiki and to Mui, these are the genealogical links, its not as if I am an expert in genealogy, but I know that the Mori gods are there descending from Rangi and Papa and they infuse all parts of the world. And the evidence pertaining to Mui: Our region is called Te Hiku o Te Ika The Tail of the Fish, I say to us that is the first name of that area, it is the first principle name because it is a name that descends from Mui. It was Mui who fished up this land because he could see from the heavens that the fish was lying in the seas and so he came on his waka and fished up this fish, but it was not as if it was only Mui. You have heard stories about Kupe yes, Kupe came from Hawaiki, he came here and it was his wife who named this land Aotearoa, it was also Kupe who came to Hokianga and it is known Te Hokianga-nui a Kupe on his return to Hawaiki. He also offered his child as a sacrifice for that spring so that it would stay here in Aotearoa and not return to Hawaiki. Now we have talks about the spiritual path because Mori say they all return to Hawaiki-nui by the Ara Wairua the spiritual path and it was Kupe who arranged and set down that path, so it was Kupe one of the principle ancestors. Now descending unto Toi, to Turi and to those chiefs in the waka of Aotea, Kurahaup and those words that were given to us by Ross Gregory this day and our ancestor Tohe and to Moitonga and to Tamatea and Waimirirangi and descending unto Tarutaru and Te Ruapounamu. I heard the words of Hirini Henare and Hone Sadler pertaining to these

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Wai 1040, #4.1.2 ancestors; they gave the genealogies and descended their descent lines to the people here today. From these two ancestors, Ruapounamu and Tarutaru descent lines: Those two lived it was Tarutaru who went to Kaipara to take the name Te Rarawa Kaiwhare and that was another matter for him in his search for revenge for the death of Te Ripo, and he went to defeat that iwi in recompense for their kuia so that the name came forth, Te Rarawa. Before that, before Tarutaru, Ruapounamu there was Puhi Taiwa, there was other iwi there in our region. But it was Tarutaru and Ruapounamu who gathered and mitted the peoples so that their mana would be standing from the river of Hokianga unto Hukatera at the Oneroa a Tohe. And Tarutaru, Ruapounamu begat their children, the ancestors I have referred to, Papaahia, Te Huhu, Te Morenga, Te Panakareao they are all grandchildren of that couple. It was they who stayed to carry out the management of their hap and the people at the time Pkeh came amongst us, and so our ancestors were clear about these people. It was Te Morenga who went to Australia, Papaahia went to England to see, Panakareao he went the side of Poroa and to different parts of the country to battle with other iwi. So these chiefs were well versed in the Pkeh world, they were well versed in Pkeh customs, they had seen clearly in England and in Australia and they knew well the reasoning behind the works of the Pkeh. So it is not as if that only four or five of them, they were not the only spokespeople for Te Rarawa, but they were the ones most well informed and they were the ones able to tell their king that, yes, we have been to overseas, we have experienced this, we should work this, we should work that way, and this is the rangatiratanga in action, its not as if the rangatira just stands and orders and commands people to do things. This thing that the rangatiratanga amongst our ancestors was its like a hill, if it is a great hill or a small hill that is the way of the rangatira, but our ancestors there were hundreds of hills in our area because we would not know who would be greater rangatira than any other rangatira so its the ups and downs and the trials and prevails of our ancestors over time. And so I stand here and say that for this ancestor, Te Morenga, he was a true leader under our ancestor Poroa. Poroa was the true chief of Te Rarawa, he received the mantle of Tarutaru on Tarutarus death. Poroa came to Ahipara, Poroa went to battle with other iwi and in the end Poroa returned home as an elder, as a peacemaker. In my knowledge Te Wherowhero would call upon Poroa to go to Waikato to settle peace between Maniapoto and Waikato there. Yes, Poroa went there and he did his work and he returned with a child who was given to him in recompense for his work, that was Te Kanawa and here is one of his kin who lives here. I am not here to give you a bibliography for each kaumtua, but I want to speak of some of them so that you are clear in what were some of the works that they were involved in.

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Wai 1040, #4.1.2 I was born in Ahipara under the mana of Te Morenga, it was my grandfather who cared for me from the time I was a child, so I am a whngai, my mama gave her baby to her uncle, to the elder brother of her father. Henare Piripi is his name, he taught me, he brought me up from the time I was a child and he was my dad. I would follow him all around to all the Hui, to all the marae, so I know I knew his works. When he was alive he used to be the spokesperson on behalf of Te Morengas descendants. On his death that mantle dropped to me. It was my ancestors who taught me, it was my elders who taught me, who prepared me to carry these stories. This enlightenment is from my elders and in my memories of them when they would speak on marae, at funerals and such things. Ephraim Te Paa was my true teacher who taught me how to stand and speak and then there was Simon Snowdon and Kngi Ihaka and they infused within me my skills that I have and it did not end there. When I went to work around the country I met the famous chiefs of the country such as Hohua Tutengaihe, John Rangihau and I would sit there and listen to them. So I went to Massey University and I got my degree there, Bachelor of Social Work, my major was sociology and counselling. I completed that task, I returned home to help my people at home. And beyond that I would sit and listen to the stories of Kohuiarau in the time of protesting unto this time, I am still conversant with Kohuiarau, to me it is a very important matter, but for a long time I have worked for some government agencies and just recent years I returned home to lead and to assist and to guide my people of Te Rarawa who live from the Hokianga River unto Te Oneroa a Tohe. And I am clear on The Treaty of Waitangi, from my elders and those that I learnt at the university and at the Mori houses of learning, so I am conversant in speaking on this matter. I have returned to assist my Iwi in the knowledge that the repositories for tkanga are our marae, and I am still learning these aspects to help my Iwi. My best works for agencies was the completion of the Mori Dictionary, all Mori language dictionaries, Patu Hhepa and myself managed this project so that we would have in the end a Mori dictionary totally in Mori. And so returning to Te Rarawa, the region of Te Rarawa is from the Hokianga River unto Te Oneroatohe at Hukatere, there are many waka and many ancestors who have come from this area and for the revenge of Te Ripo the name of the Iwi was spread wide, there are also stories of Kupe and the spiritual path. Now returning to this matter, the Ngpuhi-nui-tonu, because it is through whakapapa that we tease out the links between us, so the same thing with Ngpuhi-nui-tonu, the Mangawhakahaere of each people will wax and wane. Looking at the saying: Tis moving, tis changing and in those words of that saying you can see the full process of our ancestors. They

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Wai 1040, #4.1.2 move and they change so that they may find the clear way through and that is the way that Te Poroa was. We have a saying, Poroa met Te Rauparaha when Te Rauparaha came to seek support for his battles, they met and they exchanged weapons. Poroa gave a mere to Te Rauparaha and Te Rauparaha exchanged a mere with Te Poroa. On that whakatauki: Changing and moving. When the Pkeh came here Mori could see something different coming gold and silver was coming and all the things that it meant, and so our chiefs, our leaders could see what was coming so that they could parry this taniwha that was coming towards them. So our leaders were brisk, energetic people and they were very brave, and they had deduced what were the good things that the Pkeh had, we knew what a musket was, our ancestors could see. You know that my ancestor Hongi went to London, he came; he called in at Sydney on the way to buy some muskets to seek revenge for some of his matters. And so we know that the musket was knew technology that our ancestors grasped on keenly to achieve their aims, there was also the axe and the blanket and we heard my elder, Ross, saying about the red blanket. Now the red blanket was a great sign amongst us, perhaps it was the red blanket that weakened the resolve of our ancestors. In the time that my ancestor went to Australia he saw Pkeh who were working new textiles and my ancestor wept because he saw how long it takes from flax to make fibre to make a flax, it is a very, very tiresome and involved process, but for the Pkeh it would only take half an hour in the machines of the Pkeh. So my ancestor wept at that sight and he saw the advantages. Also the Holy Bible, our elders and ancestors cleaved unto the scriptures, they delved into it deeply, they analysed the words within because they were hungry for these words because thats why they turned to write in Mori, it was Hongi Hika and Waikato and Kendall went to England and they established the Mori alphabet. And the reasoning behind that is that so we would have elevated status in the Mori world and the Pkeh world. So our ancestors knew the good things and the bad things of the Pkeh. So they saw these places of trade throughout the world and they knew the laws of the Pkeh and the customs of the Pkeh, so I believe Manuka Henares evidence when he said the other day about the intense business activity and thats the way the four ancestors I mentioned, they saw these opportunities before them, as benefit for their people so I support Manukas words for that. Now returning to Ngpuhi-nui-tonu and the links to chiefs, because if you do not descend from Rhiri you are perhaps just a horse, and that is quite right. All of the descendants of Te Rarawa are all linked to Rhiri and we have elevated Rhiri as an ancestor for all of us and under his mantle we are Ngpuhi-nui-tonu, although which iwi, we are all Ngpuhi-

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Wai 1040, #4.1.2 nui-tonu under the cloak of Rhiri and his kaupapa pertaining to Whiria the tap root of the anger. And so those names link both sides of Hokianga so that the saying can be said: Bind, bind, bind. Through marriages we were linked, because the Hokianga River you can swim across, you can call across to your friend to come over. So the hap and families were very close to each other because Hokianga is Hokianga, it was despite the iwi, despite the hap, tis Hokianga, tis Hokianga. Beyond that there are also genealogical links from the waka Tinana and Tumoana is the captain, although he returned to Hawaiki his descendants live here still, Te Rarawa and Ngti Kahu, and also our ancestor Tohe from the Kurahaup waka and Puhi from the Mataatua waka. And so Ngpuhi and Te Rarawa lived together and work together on great matters, Hongi Hika came to support Poroa when Te Rarawa was fighting against Te Aupuri at Te Oneroa a Tohe and Hongi Hika came to Hukatere. Our ancestors Poroa, Te Morenga, Papahia went with Poroa and Hongi and Pomare to all parts of this land to fight the battles in unity. And Te Rarawa also came to support and to assist and fight for the Dog Tax War at Waima, it was Te Mhurehure and Te Rarawa worked together, many of my elders came from Ahipara to Waima to stay and fight for this matter that we not be taxed for our dogs, so that was a very, very important matter. Ill speed up now now we come to the Mori worldview. 25 HP And the Mori worldview relies on whakapapa, and its like this; if youre not in the whakapapa you dont exist. And so everything in the Mori world has got a whakapapa, and if you cant find that whakapapa to link yourself to the rest of it, then you have to ask yourself: How and why do you exist? So, the Mori world view, as I understand it, it has got three elements of mana, this information has been given to me by wnangas held with Mori Marsden and Ive used this model as a methodology to try and describe what I consider mana to be. So, e toru ng mea nei mana Atua or mana tpuna, mana tangata and mana whenua. Mana atua is the authority that is determined by the genealogical descent of an individual Mori, its origin is from the work of Tne who constructed the first female entity from redent earth at Kurawaka and imbibed her with the attributes of his atua siblings in order to create what we now know as a Mori human being. Tne the divine also procreated with his creation and in doing so produced a spark of divinity within the genealogy of Mori. In effect he became our ancestor as well as our creator. Mana atua is transmitted by the whare tangata, and this is wnanga given to me by Pereme Porter which is only present in a woman. It is unique and provides the basis of ones identity and potential authority.

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Wai 1040, #4.1.2 Mana whenua is a reflection of the ability one has to exercise authority over the environment and means of production and the utilisation of resources. 5 Mana tangata is a reflection of the skills, talents, attributes and accomplishments of the individual person and the benefits and achievements that those provide. So the three elements of mana form a unique matrix of individuality, because everybody has a different form that spans a spectrum of authority within the social organisation of a community and the entirety of Papa-t--nuku (the planet) and Rangi-nui (the space) from which the planet exists. So this krero the way I explain Atua Mori ki tahi o aku tauira, mea atu ki a rtou, ko Papa-t--nuku, ko Te Planet Earth tr, me pehea hoki ttou e mhio, kei roto tonu ko Ruaumoko. Mn ka noho te planet pnei i a Ruaumoko kei roto, ka kite atu tnei tonga nei, e p ana ki tnei tkanga, ko te kaip, kua phh ttou ko te kaip, ka noho nei m te tangata, engari, ka kite atu i roto i ng kaupapa e p ana ki a Papa-t--nuku, e p ana ki a Ruaumoko, ka kite atu ko te kaiptanga, kei kona tonu i roto o ttou nei Atua Mori, n reira, koia n ko ng krero m ng tokotoru o ng mea nei, e p ana ki te mana, n reira, ehara i te mea he tino ture tr, Trans Papa-t--nuku is the planet earth, how can we know? Because Raumoko is within the earth. If the planet has Raumoko within you can see this taonga pertaining to this concept called Mother nourishing the child. So when we see that it is still alive within our gods, with Raumoko still in the bosom of Papa-t--nuku, and so that pertains to mana, and so its not a- - We have an example in our rohe where that has been a little bit proven by its exception, when we had one of our rangatira, Waka Ranga Unu who was recovered as a baby, found floating in the bulrushes, nobody knew who his parents were and where he came from, it was after a battle, so we took him home to Ahipara and we made him our rangatira. Katahi ka whai mana tpuna hoki, ahakoa khai i whiwhi matua, kua whai mana tpuna, kua whai mana whenua, kua whai mana tangata 35 Trans HP And so straightaway he found mana because even though he did not have any parents he had land - - - - - so we do have our exceptions. In terms of the Rarawa signatories and expectations the four and perhaps with Te Matangi principle signatories to the Whakaputanga, their thoughts were clearly never intended or even considered that they were undertaking a programme in which they would have to cede any form of sovereignty, that is very, very clear in every bit of krero that Ive ever heard all my life, either on the marae or here at Waitangi or anywhere else.

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Wai 1040, #4.1.2 E kore e taea ai te whakaaro, ka tuku t rtou nei mana, i te mea, tnei mea te mana, he tino p hoki tr i roto i a koe, e kore e taea te tuku atu, so, ka titiro atu ki ng haptanga o tn, o tn o ng rangatira, kua taunga k nei rangatira ki te pakanga.. 5 Trans They never even thought of ceding their mana, that was an impossible proposition because that is a principle thing within man. So looking upon the hap of the Iwi, these chiefs were well versed - - - - - these are not just and its a point others have made these are not just rangatiras in their house, these are people who had large groups of people behind them. These are people who could take large forces of hundreds of people to war, so given that scenario its difficult for them to see them in a situation where they would tuku their mana in a situation like that. It is just beyond comprehension and beyond belief. The other thing is, e kore rtou e mataku ki te Pkeh, so in terms of the Whakaputanga, Im making an assertion that my understanding of whakaputa is some kind of appearance or birthing and it seems to me that perhaps Te Whakaputanga term and the fact that that sort of birthing term is used to translate a declaration of independence I think is really quite interesting. Because declaration of independence and Whakaputanga dont actually directly translate, its actually an interpretation. So this view was strengthened by the use of the term N Treni which is a descriptor for the new state of independence described in the Whakaputanga and its hard to think of any circumstance that would see the descendants of Kupe abandon our first name of Aotearoa to this island. And so it indicates that the transformational nature of how they were thinking of what they were thinking, they knew they were getting into something new. The use of a transliteration recognises the existence of another language, another ethnicity and another well established system of governance which Ngpuhi and Te Rarawa rangatira were already very familiar with. Its also obvious, from my own interpretation, that rangatira Mori considered their own intellectual paradigms quite capable of absorbing and integrating worthwhile notions from other jurisdictions. And in the instance of declaring independence they chose a symbolic and more figurative term rooted in the cultural psyche of the people, e, Whakaputanga, because Whakaputanga implies birth and everything that goes with birth, taina mai ki te whenua. So the intention must have been obvious to the British that we were seeking to confirm our sovereign status. And so, the Whakaminenga is also a term that is well considered in oral accounts, among my elders, Im brought up in a religious background so like Rima Ive understood Whakaminenga to be some kind of congregative group in order to whakapono ki te atua, but I think in this case the way it has been used in this case, it is innovative and I think what it shows is that the whnau is capable of moving into a hap, a

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Wai 1040, #4.1.2 hap is capable of moving into a confederation of hap, which might be called an iwi. And a confederation of hap and iwi are quite capable of once again forming a confederation to form a national korowai or a national kahu over the motu ko tr ko Te Whakaminenga. So its as natural as a rising sun, these transformations between using the hap structure as the basic social unit. In Article 2, the Kngitanga, inducing sovereignty I dont know about that one but it seems to me that my reading of the Whakaputanga that what was being done here was our tpuna were creating a manifestation of their independence. They were putting it out there in a manifest, we are an independent nation, we want other people around the world to recognise it and we certainly want Pkeh in Aotearoa to recognise it. So it was Panakareao who was the principle rangatira of Kaitaia who signed Te Triti of Waitangi and it was Panakareao also who wrote a letter in 1837 to King William saying: You better send us that Governor, we need him fast because you fellas are getting way out of control over here. And it was also Panakareao who recognised and realised the importance of the mentoring role that the sovereign of Britain could have for them as an emerging nation in the world. There was a time when they were part of the machinations amongst the Huiarau and I think it was all to do about trade and commerce, certainly our tpunas recognised that. Puhipi (Busby) was a friend of ours, one of our tpunas Te Ripi even took the name Puhipi and it has become a famous name in Te Rarawa today, not the least which is Heke Nukumai okay. 25 And so, Puhipi was a friend of ours and so was Eru Pare, tana Hekeretari, so they knew exactly what they were doing, they knew exactly what they were talking about and they would have regular krero and wnanga about this. But in terms of Mori sovereignty, and I agree with one of the earlier speakers, it was Ross I think who said: You know, ko te moni k because of all a sudden we were forced into a new paradigm of operationalisation. All of a sudden working in the gardens to get your food to survive wasnt going to be enough. You needed to have money and the only way you can get money is to either steal it or sell something, you know? Or perhaps go and work for it. And so what happened was, we became basically indentured labour, last on/first off and were still the last on/first off across industries right across the country. We have never ever been considered to be the masters or the mistresses of our own destiny in terms of trade and commerce. And as a result we in order to ki te whiwhi moni, kua mahue ake ng mahinga kai, ng mahi pr, katahi ka taka ng Mori nei ki te rapu moni, ko reira mtou i taka ai ki ng tkanga hoki a te Pkeha, koia tr, he tino nawe tr kei waenganui i a mtou, ehara i te mea, kua ngaro o rtou nei mana, ehara, i te mea, kei konei tonu, e pupuri tonu ana mtou i roto i ng mea tokotoru nei, kei konei an mtou e pupuri nei ki o mtou nei mana

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Wai 1040, #4.1.2 Trans In order to get income, theyve left their gardens and they have concentrated on making money and so that is why we fell into the Pkeh ways, and that is a great cause of apprehension amongst us. Its not as if we have lost our mana, no, no way, we still holdfast to our mana and these three concepts we holdfast to our mana. - - - and we still exercise this mana. In Te Rarawa, six or seven months ago we instituted our own rhui on our own coastline, not in spite of, but outside the auspicious of any European law, of any Crown agency, n matou an whakatria to mtou nei rhui ki te takutai moana, and that rhui is the only bit of regulation that has held firm for any length of time on our takutai moana. Every other bit of legislation, every bit of regulation proposed and perpetrated by the Crown has never ever been fulfilled and has never ever been regarded as a real ture, but ours is and we still it was still alive on that today, in spite of the attacks on our mana, we still got our mana today just as much as we ever had it. So our forebears understood the need to sow the seed of national and regional sovereignty and to nurture it, i te mea, i puta tn whakaaro mai i te whakatauki nei: He kkano i ruia mai i Rangitea, ko pr tonu te whakaaro, e pr hoki ttou e whakaora ake ai, i roto i o ttou nei whenua, i roto i ttou nei mahinga kai, ko reira an te kaupapa, ruia, ruia, taitea, ana ko ng krero e p ana ki mtou nei tpuna. I rongo atu au ki ng krero e p ana ki te kara nei, hua rerek pea tku i te mea, kua rongo ake au ki ng krero kei raro i te maru ku kuia, Khuiarau nei, kua rongo atu au ki ng krero e p ana ki ng whet, e p ana ki ng kara, e p ana ki ng mea katoa o taua kara, he kaupapa an, kei reira, kei raro i te maru nei o Khuiarau, kua kite au e ng krero, kua rongo au ki n krero mai i ng Ariki o tn t huatanga. N reira, rapua, rapua tn, ehara i te mea, kei au te krero engari, e mhio ana au, kia mramatanga an kei reira, m te Black Fibrillation Line nei, taku mhio, n o ttou nei Rangatira, i tango ake tn mea mangu, i runga i te krero o Tahitanga me Taranaki, ka mea mai te iwi o Taranaki nei, ki Te Whakaminenga, tango atu te mea mangu, pou atu te mea m, hei tohu m te raukura. Katahi, ka whakaae mai ng rangatira, ka tangoa ki te mea mangu nei, kua hau mai te mea m, kua tinia te kara, ko pr tonu te haere o t ttou nei kara. Kore au i te mea, kei au te krero, engari kua rongo koutou au ki r krero. N reira, ng kupu i roto i Te Trti o Waitangi, n te Pkeha an i hahu ake, ko rtou anak i whakamahia tnei kaupapa nei m Te Trti o Waitangi, ehara i te mea, ka krero au m tr, engari, ka whakapono ana au ki te krero nei, he Paternalistical, ki te terminology i roto i taua kaupapa r, ka kite atu, he krero huna kei roto, n, kua rongo atu ttou ki ng krero e p ana ki ng Pkeha, ka mea atu nei ki rtou nei hoa, ehara k te krero tika, te whakatika i ng krero ki ng Mori nei, kia mhio p ng Mori ki koutou nei krero, kihai ng Pkeha i tino whakae, kihai ki a Koroneho, kihai ng Pkeha e whakae, kia whakamrama ake, he aha tnei mea nei, ko ng kupu nei, ko ng tohu

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Wai 1040, #4.1.2 nei e p ana ki Te Trti. I roto i tn t huatanga, kua kite atu au, he mahi huna ana, he mahi huna hoki o n mihingare, kua mahi huna hoki o n piha, i haere mai nei mai i a Ingarangi, ko te mea pai pea ko Phipi, i te mea, kua noho pmau a Phipi ki o mtou nei tumanako, kia whakahuihui ai mtou i runga an i te kaupapa nei, e p ana ki te whakaminenga. Kua whakae mai a Phipi ki tr, engari, ko ana hoa, ko ana rangatira, te hua nei, kihai rtou i whakaae, n reira, i runga i nei krero e whakapono au, he mea, ahakoa, i roto i ng kupu Mori, he pai pea te whakatakotoranga o Te Trti o Waitangi, engari, ko tna intent, te hua nei ki a au, ko tna intent, kia muru te mana o te iwi Mori. N reira, ka hoki an ki a Panakareao, ehara i te mea, koia anak te mea i haina, ko tana wahine an hoki, koia an r, koia ttahi o ng tamahine o Paphia, n, ka kite atu, kia whnau kotahi nei, koia tn ko te kauae rangatira o Te Rarawa, ng uri nei o Tarutaru rua ko Ruapounamu, katahi ka noho rtou ki te haina i Te Trti o Waitangi, n Panakareao an, i mea atu ki na whnaunga, ki na rangatira, me haina mai, haina mai ttou ki tnei kaupapa nei, nn an i t i taua w r ki Kaitaia, kia mea atu ki te iwi, kia ngkau tahi ttou tana krero, kia ngkau tahi ttou i runga i te whakaaro kotahi, koia ko ana krero, ka kite atu tna hiahia i roto i tana kupu. Nn an i mea atu te whakatauki nei, ko te tkau o te whenua, ka riro ki te Kuini, ko te mauri me te mana, ka mau mai i ahau. N, ka kite atu, ka huri au ki te krero Pkeha pea. 25 Trans That idea came from that saying, a seed born from Rangitea, for how can we possibly cure or fix our own lands without that principle behind us. I heard evidence about the flag, mine is a bit different, because I heard my elders and I have heard about the Kohuiarau explanations about the colours and the stars under Kohuiraus I have seen those explanations from the leaders of that movement. So I say search for that I havent got those details but I know that there are sources there. The black fibrillation line, I think they took that black after consultation with the people of Taranaki because they said to Te Whakaminenga: Take away the black and put in the white because that is a symbol of the Raukura and so the chiefs agreed to that, took the black away, put the white in and changed the flag, and thats the way its been ever since. I havent got the details but Ive just heard some of those words. It was the Pkeh who dictated the words; it was they who crafted the words for Te Tiriti of Waitangi. I will not speak further on that, but the terminology within The Treaty of Waitangi is paternalistic, there are deceptive words hidden behind the words. We have heard some of the Pkeh who say: But thats not the true word, we must explain it to the Mori so the Mori knows what Pkeh meant. But a lot of Pkeh did not agree with Colenso to tell the whole story, to tell the whole truth. They did not go into detail about the

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Wai 1040, #4.1.2 lengths and depths of the terms and words used in The Treaty, and so I know that it is a deceptive act by them, theyre hiding things, theyre concealing things. 5 And their officers, they concealed things from our elders when they came from England, the best one probably was Busby because he knew what our dreams and aspirations were and he knew that we wanted to come together under He Whakaminenga, Busby agreed to that but his friends and his bosses they did not agree, and so on this evidence that I believe truly. Although in the Mori words The Treaty of Waitangi looks okay, but its intent (to me) is to take the mana of the Mori people. So returning to Panakareao, it was not only him who signed but his wife also signed, Erenora also signed, she was one of the daughters of Papaahia so we can see that they were one whnau and they were the kaua e runga of Te Rarawa, and so they sat to sign The Treaty. It was Panakareao said to his king: Lets sign, we should sign this matter. He stood at Kaitaia and said to the congregation that we must be as one heart on this matter, and you see his desire coming through his words. He also said this saying: The shadow of the land goes to the Queen, but the substance stays with me. 20 HP When we we have a look at that whakatauki that gives us a very good idea of what Panakareao was thinking because its his whakatauki, and he said that whakatauki on the day The Treaty was signed in Kaitaia which Hobson didnt bother turning up to they say he was sick, perhaps he was, who knows, but he wasnt there anyway and he used this whakatauki. Now when you look at that, what does te tkau o te whenua mean? Well you can understand that by looking at the arc of the sun and you take a mountain and the sun arcs up and the mountain gets cast into a shadow, so that tells you certain things about te tkau about this he mea te tkau, you know it lacks any substance. And it lacks substance but it requires substance to give it any appearance, so without any substance the tkau couldnt exist. And you can see the metaphor that Panakareao was referring to, so he was saying: We are the thing of substance and the shadow we cast has no substance and that is what we will give to the Queen. Now its also a fact that its not permanent, because no shadow of a land is permanent, it is always moving, its always transient, it never ever stays the same and always at the end of the day it will go away because the sun will set, and its got a sunset clause, if you like, on that term of te tkau o te whenua. Now what was Panakareao referring to? He was referring to this thing that he thought wasnt really anything of any particular substance. And so therefore you would not vest anything in it, its got no substance, why would you vest anything in it? And I think its possibly why the clause for the piece of land between sovereigns may have been: Why would you

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Wai 1040, #4.1.2 put some land in a thing thats got no substance, in a kawenata that has no substance? Now the funny thing is (well its not funny for us), is that 12 months later Panakareao turned that whakatauki around, and he said: Oops, kua rerek, kua riro k ko te mana me te mauri ki te Kuini, kua waih ki au, ko te tkau. Trans HP 10 The shadow of the land stays with me but the substance and the mana has gone to the Queen. And when you look at that, 12 months later and he makes that sort of statement it tells you what he was thinking about the sovereignty about the rangatiratanga thats been talked about in that document, so that for us is a very big krero. In Kaitaia 65, he mana te krero, 65 rangatira signed The Treaty. Well Ive been through everyone of those signatories and Ive been through all the church records that are associated with them, and I see those 65 signatories, only 19 of them call themselves chiefs. So when we hear 65 chiefs sign in Kaitaia - oh, did they? And when I went through this, 19 people had called themselves chiefs, 17 of them were recently baptised in the Church of England. So here I go, ding, ding, ding, ding, ding, a bit of an alarm going on in my head there about te krero huna i roto i Te Triti o Waitangi nei. So the breaking of The Treaty was detrimental to us, and Ill go straight down to arenas of impact because Ive missed out some areas. 25 So what happened was that, we were being too kind to the missionaries I think, because its clear that they were complicit in this plot to rob us of our mana. And in many ways, both the Whakaputanga and The Tiriti o Waitangi had been murdered by the te reo Pkeh, which was a tool used by successive British institutions to incur into our customary arenas of understanding. The repression of the reo Mori by sequential legislation, regulation and policy has played an important role in evading the question of translation accuracy and political consciousness. In our communities and among our hap the loss of the language has had serious implications for succeeded generations, hap and iwi leadership and our taumata krero which are severely depleted. The additional failure by the state to include early constitutional material like Te Whakaputanga in school curriculum has exacerbated a state of ignorance about our own constitutional status and perpetrated a myth among our children that their ancestors may have ceded sovereignty. But being denied our language of communication in order to fully comprehend our constitutional rights has also produced generations of hap and iwi descendants who have been robbed of an understanding of what the Kwanatanga should be doing and what it shouldnt be doing and also our Whakaminenga. But our only benchmarks for our perspective are orally transmitted stories about expectations, deeds,

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Wai 1040, #4.1.2 aspirations and so far we have gathered those all up for the purpose of this krero. So the other important area of failure by the British and the kwanatanga of N Treni is to provide any sustenance of the Whakaminenga because you can see, as soon as the thing was signed all the life was sucked out of anything and they go and fed the Whakaminenga, no funding, no support, no recognition, no nothing. So it was left to flounder and to try hoping its place was going to go away, but it hasnt gone away, weve never gone away. And so the greatest impact of this betrayal, and I call it a betrayal deliberately call it a betrayal has been the economic sector, which was what our forebears went to such great lengths to preserve. Every sector in this countrys development has relied on the acquisition of land, resources and the control of industry. This has necessitated the chronological raft of questionable and unjust actions by the Crown and the government to gain and retain these means of production. It has severely affected our ability to operate and trade in commerce, robbed us of our international identity so we cant get on with that so we have no international context within which to grow and develop ourselves and we can only imagine what could have been achieved if this opportunity had been utilised by us over the last 170 years. So the result has been an incredible loss of potential, denied opportunities for hap entrepreneurship, removing land and resources. We, in terms of England, Hongi went there ka ttaki ki te Kngi, ka tae i koe and I agree with what Manuka said, that was the beginning of the relationship and mai i tr mai i tr, handshake ki te Kngi, tae no mai ki tnei w, theres still a relationship. In Te Rarawa we have a family amongst us; theyre the Pomare family, living at Waireia. In 1860 Kohi Marama Hui, the people met with the Crown to talk about the fulfilment of The Treaty of Waitangi and as a result of that hui, our tpuna Hariata and Haare Pomare, she was pregnant, went to England, kua riro tana tamaiti ki a Kuini Wikitoria, n Kuini Wikitoria te painga Trans 35 HP And her child was taken by Queen Victoria. - - - 1863, she went there, she had the baby there (Hariata) and gave the baby in recognition for Queen Victorias commitment to Te Tiriti o Waitangi. That baby was brought up in Victorias house of guards or guard what they call it? House of Guards, wherever they go Queen Victoria named that child Albert Victor after her husband, his name was Albert Victor Pomare. Unfortunately he died at the age of 21 as a result of a flu epidemic, khai i whai uri, in, ka whai uri tn tangata, tn pea, he kaupapa an ta ttou i tnei r, engari, he mate noa atu tn tangata, i mate noa atu te ttai nei, kia ttaihia nei ki te whnau o Pmare o Te Rarawa, n reira, i runga i nei krero, e mihi kau ana ki a ttou katoa.

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Wai 1040, #4.1.2 Trans He had no descendants, but if he had any descendants things might have been different today, but he died and that progeny died and that link to the Pomare whnau died. My last point I want to make, before I finish, is that the infrastructure of this country has been built off the backs of Mori people by the gifts weve given, by the land weve given to build hospitals, to make roads, to build lighthouses, these are the efforts weve made to try and establish an infrastructure in this country and its never ever been recognised. And now we hear the government talking about the public good, the public interest, all of a sudden, everything we ever gave for the public good its all been forgotten, wareware te motu, ki a mtou nei, o mtou nei koha ki te whakahaere ake tnei motu. N reira, i runga i tnei krero, he mutu atu i konei, mihi kau ana ki a koutou te Taraipiunara, mihi tonu ana ki a ttou katoa, e ku matua, tn koutou, tn koutou, tn r ttou katoa. Trans The people have forgotten our legacy, our gifts to the nation and so on this evidence I conclude here, thank you very much the Tribunal and to my elders. [Maori Content 12.48] I want to support the words of Haami and to the Crown and to the Tribunal, thank you Haami my kin. The depth and breadth of evidence that you have given, you have given the depth of Mori history as pertains to our Iwi and the kinship ties of our hap. So Tribunal in my heart is Te Whakaputanga and The Treaty of Waitangi thats what we are here for, but we have heard the Wai numbers being quoted. Where are we going in these discussions on He Whakaputanga and Te Triti? Wait until the time when the claims are to be discussed then we bring them to the fore, but we are hearing Wai numbers being discussed in peoples speeches, although you had excellent evidence, is that the Crown listens to the evidence. To the members of the Tribunal; although the words are great you must listen, he is the chairman of Te Rnanga o Te Rarawa lest you forget. Is the Crown talking to the Crown, because it is a constituted body, that it is the hap and the whnau, its their time, they have the mana motuhake ceded to our ancestors, whether the questions, lest we forget that it is the hap and the whnau have the mana motuhake. Lest we forget that the taniwha is money, in time this taniwha with its teeth of gold, at this time we are only been given the lollies to turn our thoughts, but He Whakaputanga and Te Triti that is the matter before us. 40 So thank you, Haami, that you brought to the fore the issues that we must hold before us at all time, so Judge- - - - - N, the principle, it is the land that our rangatira were talking about. The [Indistinct] is there, but the principle is the land the principle is the land, thats why Im trying to [Indistinct]

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Wai 1040, #4.1.2 Kia ora mai ttou. ALL JC JP 5 Kia ora. Mr Pou, you have some questions? Sir, I do have some questions around the issues of transformation that formed the basis for some of the oral presentation of Mr Piripi. I am, however, cognisant that Ngti Manu have been waiting outside patiently since 11.30 and I would really like to get them in here, sir. My submission, sir, would be better for the questions to be put in writing for Mr Piripi to address them in that way, so that we can get Ngti Manu in here and allow them as much time as they can have. ?? JC ?? JC 15 AI AS JC 20 ?? JC Trans Kia ora. You agreeable to that? e. Ka pai. Mr Irwin, did you have any questions or could you follow the same process? I have no questions, sir. Sir, could I ask for the oral brief to be made available before the time starts to ask the questions? I had understood that the amended brief was going to be filed. Yes? Yes, youre Honour, next week. Kore he ptai mai a mtou, engari, ma taku koroua e mihi atu ki a koe. We have no questions, sir, thank you very much.

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Kihi Ngatai questions Haami Piripi [12.53 pm] KN E, Haami, tn koe, he ptai tku ki a koe Trans Thank you, Haami. I have a question- - Page 18, 8.9. HP KN e. Te Whakaminenga was developed as a new constitutional phenomena and political machine to meet a new national need through Te Kauhangarau. , whakamramahia mai tr krero. Explain that to me please.

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Wai 1040, #4.1.2 HP Koia tr ko Te Khuiarau, hua rerek tn roopu ki te whakaminenga, ko Khuiarau, he rpu an tr, i tmata tn rpu i te tau, 1814 pea, he kaupapa an t rtou, he waipuke an t rtou i r r, kua mau ttahi waipuke ki ropa n rtou an i tono atu ki te Kngi o Ingarangi, kia hpai i a rtou, kia whakamahia te kara, e, koia. It was commenced in 1814, Kohuiarau, they have their own policies. At the time of a great flood in Europe they called upon the King of England to assist them to make a flag. , n reira tnei, ka mihi ake r ki a koe e taku rangatira, m ng krero e whakapuakihia ai koe, ki horahia, ki waenganui i a mtou, tnei, ka mihi r ake ki a koe, tn koe. Thank you very much, Haami, for the evidence that you have presented to us today. Tn koe, kia ora. Kia ora.

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N reira koia tnei ttahi o ng waiata i te w o ng rangatahi ana i waiata nei mtou tn waiata i runga i tnei marae nei, ki te pwhiri atu ki ng iwi o te motu, kia tat mai, n reira, tn koutou, tn koutou, tn r ttou katoa. This was some of the songs when I was a child we used to sing on this marae to all the people who used to come here and we used that song as a child. Kti r e ttou m, e Haami tn koe, tn koutou, ko te haumai i ng manuhiri i a nena me tahi tonga, ko Ngti Manu tn ko te hau mai, mai i tr kokonga, ka huri mai i konei, ka mau mai i ng tonga ki konei, ka nonoho mai ki tnei taha, n reira i whakawtea mai ana tahi turu, kua rere mai a Ngti Manu, kua reri mai hoki ng kaikaranga, kia ora an ttou. We have some visitors coming in with their treasures, Ngti Manus coming in, they will go from that corner and they will come this way and sit over there.

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KARANGA MIHI 35 Ngati Manu bring in Taonga ?? E Ihowa e rangi, heke mai r, e Io Matuakore, anei mokopuna. E Ihowa e rangi ta papa e moe t taua tama kua whakarongo, i roto i te tawhito oranga, tapa rongonui r tu ingoa e Rangi e. Ka toko rangi ki te ahu rangi, ranginui, rangiroa, rangi-whekere e rangi whakatuma. Tnei

Wai 1040, #4.1.2 rangamataora, t ana ki roto o Waitangi, ota mai ki te mataora, te pio taiwhakarua, tn ka hora ng tai, e rere nei, e rere nei, e rere nei. He tae a wh kua tat, he tae i mau mai a Pmare, ki waenganui i a ttou, he tae, hono atu ki Tahiti, te kinga o Pmare tuatahi, te tae mau mai te ingoa ki waenganui i a ttou, ko Pmare nui, kua tat mai. N reira e ng uri, whakatau mai, whakatau mai, whakatau mai, e Ngti Manu, ng kaipupuri, i te rerenga wai ki Tpeka, whakatau mai, whakatau mai, whakatau mai. Ng kaitiaki o Kororreka, whakatau mai r, i roto an, i te mamae, i p mai ki a rtou, e mau nei i waenganui i a ttou i te r nei, tangihia, tangihia rtou. Tangihia i runga ana i te mhio, ko ng mahi i mahia hei paenga m Ngti Manu, he paenga m ng hap katoa, o te taitama wahine, me na pnga ki te taitama tane, me ng pnga ki a Ngpuhi tturu, ka puta atu ki roto hoki o Ngpuhi-nuitonu, koin k to hhonutanga o nei, e mauria mai nei, he mahara ki te wairua o rtou i mahi nei i te wa e haere nei i te uruku o te whenua. Ka kite atu, ka mhio, kei te ora tonu, kia haere wairua mai, ki te tautoko i a ttou i te r nei, n reira r e Arapeta, mauria mai, to tua iwi, i runga i tnei e kore t roatia, heoi an ng krero, koutou r e titiro kanohi mai nei, whakahokia mai, te wairua kia haere tonu ai i ng kaupapa, na runga i tnei, tn koutou, tn koutou, tn ttou katoa, huri noa, huri noa, huri noa. Trans E, Io Matua Kore may you descend amongst us. Here are your progeny.

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KARAKIA Trans 25 (Introductory Chant). Tis a great tide that has come to shore, a tide that has captured Pomare amongst us, that links to Tahiti, the home of Pomare the First and the name that was brought here was Pomare-nui so the descendants, welcome, welcome. Ngti Manu, the holders of the waters at Tapeka, welcome, welcome, welcome., The guardian caretakers of Kororareka, welcome, in pain that the group that has just entered feels deeply. And so may you lament them and the works that they did as benefit for Ngti Manu and all the hap of the eastern shores and its links to the western shores. From Ngpuhi tturu until Ngpuhinui-tonu and that is the depth with which these come in remembrance of the spirit that they showed when the time of the laceration of the lands and we see that it is still alive within them and we call upon the spirits to come back and assist us, Arapeta, may you bring our people forth. I will not tarry to you who are looking down, return the spirit into this congregation.

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NG MTEATEA 40 ?? Whakarongo, whakarongo r, pa mai te oha ki te hau p, ka rere ka teka r ng te kowhiri, hmai te aroha ki ahau nei, mate i te, mate i te w, mate i ng marae pahau, mate i te p, tkina tangihia. Ko Paptuanuku e totoro nei, i te ao, i te p, hurihuri ta moe, tn r, koutou katoa. e, e t nei koutou, i runga i a Papatnuku, tnei r te mihi, ki a koutou, piti hono, ttai hono, hono mai r, hono mai, ka huri.

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Wai 1040, #4.1.2 E Ihowa o ng mano, e te Matua, Tama Wairua Tapu, me aua Anahera pono me te Mangai, e P, tiaki manaakitia mai r nei mtou tpuna, kua tae mai nei i tnei r, manaakitia rtou, ng taonga, ng whakaahua o ng tpuna, kei konei i tnei r whakamutunga o mtou, te noho i tnei wiki, n reira, e whakamoemiti atu ana, e whakawhetai atu ana ki a koe, kia arahia mtou i runga i te tika, me te pono, kia hmaitia e koe, ng manaakitanga katoa, ki runga ki a mtou tpuna e noho nei i waenganui i a mtou, n reira e Ihowa, e te Matua, e te Tama, e te Wairua Tapu, me aua Anahera pono, tiakingia mai mtou katoa, me o mtou tpuna, me ng taonga katoa, aianei, ake nei e. E mihi ake ana r, e ttou m, e ng hap o Ngpuhi-nui-tonu, e mihi atu ana ki a koutou katoa, kua t ake t mtou matua, ki a Taumata, ki te mihi ake i ng whakaahua nei, ttou tpuna puta noa, n reira, e mihi atu ana ki a koutou katoa, i tau wai i te rangimaria, ki runga ki a ttou katoa, e mihi ana hoki ki Te Taraipiunara, e mihi ana hoki, ki Te Kwana, a Te Karauna, ki ng roia, kua tae mai nei i tnei r, ki te whakarongo, i te mamaetanga, o te iwi o Ngpuhi, n reira, e mihi ana, e mihi ana ki a koutou katoa. KARAKIA 20 Trans As you stand here on Papatuanuku, may you bind with us a turn. Jehovah of the Myriads, the Father, the Son, the Holy Spirit and the true angels and the Mangai, O Father bless and care for these ancestors and their descendants who have come here today, bless them. The portraits and photos of those who have passed on in this our last day of this week. So we pray to you, O Lord, that we may be guided in truth and light, that you may give us the blessings and the care upon our ancestors who have come amongst us. And so we say, O Lord, Jehovah, the Father, the Son, the Holy Spirit and your true angels care for us and our ancestors and the treasures, now and forever. Greetings to the hap of Ngpuhi-nui-tonu, greetings. Te Taumata has stood to welcome the portraits and images of our ancestors, so we acknowledge you all. That peace has come amongst us and greetings of course to the Tribunal and to the Governor and the Crown and the lawyers who have come here today to listen to the pain of the people of Ngapuhi, so I acknowledge you. WAIATA ?? Te mrama i te p nei, na te t i te rangi, oho ake koe e Hine, papaki kau ana e, me pehea r koe e Hine, e mutu ai i te aroha, me he rukuruku phea, n wai o ng pouri e. N reira, piti hono, ttai hono, ko rtou e noho mai nei, i roto i te ao wairua, moe mai koutou, moe mai koutou, moe mai koutou, piti hono, ttai hono, ko ttou ng mahuetanga iho i a rtou ma, e mihi tonu ana, e tangi tonu ana, ki a rtou, huri noa, huri noa, t ttou whare, tn koutou, tn koutou, kia ora huihui an ttou katoa.

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Wai 1040, #4.1.2 Trans Say sleep on, rest on to the those who are in the spirit world and we the living, the remainders, the remnants of them who offer up lamentations to them. Tihei mauri ora, ki te whai ao ki te ao mrama, me mihi atu ki t ttou Minita, nn i whrikihia ng whakamoemiti, i raro i te tuanui tnei o ttou whare, ng whakaritenga, tautoko ana, tautoko ana, ng mihi atu ki a koe e te Minita, mihi atu katoa te kaikaranga, rtou te reo tuatahi o tnei o ttou whenua, whare, teneti, e karanga mai ki a mtou. N reira, me mihi atu ki koutou e ng rangatira, me mihi atu ki a koutou, kua tae mai ng uri a rtou m, me ng wairua o rtou, te w e ora ana rtou, kua krero rtou i te whakaputanga o Te Trti o Waitangi, r krero katoa, kua tae mai, kua tae mai te honohono hoki nei, ka wairua rtou, ki roto i tr, ko te whnaungatanga m ttou, n reira mihi mai, mihi mai ki a ttou, mihi mai hoki ko nei o koutou, kua tae mai i te r nei, a Ngti Manu, mihi mai, mihi atu ki a mtou. Tae mai mtou i te mauri o ng whakaahua, me ng taonga katoa, kua hoki rtou a Ngti Manu, i roto o ttou whare tpuna, te tmatanga o tnei r, kua hkoi te hkoi, ki runga i tnei o ttou whenua, Papatnuku, kua whriki ng taonga, ki a ttou, kei waenganui i a ttou, ng mihi atu ki a koutou, te kaha o koutou, e te whriki o koutou krero, ng mihi, ng mihi. Kua tae mai ng uri o Ngti Manu, i muri o te ahi, ki mura o te ahi, te krero o mtou krero ki a koutou r, te Waitangi Tribunal, Te Karauna e ka nei, Te Karauna o ttou, n reira, ttou m, ng rangatira, kore e kumeroa e tnei mihi atu ki a koutou, ki a ttou hoki, n reira, huri noa ki ng kokonga wh o ttou whare, tn koutou, tn koutou, tn hoki ttou katoa. Trans 30 Greetings to our Minister who offered up our prayers and we support and we endorse those mihi and those prayers and greetings to our callers to our house who have called upon us. The descendants of the ancestors have arrived. In the time when they were alive, they would discuss all the matters of the day but they have come and the link to these people, to these ancestors and the kinship ties and welcome these of your kin who have arrived today, Ngti Manu. We have come to convey the portraits and images here in our ancestral house and they have come here and they have been presented in your presence and so I acknowledge you all in your efforts to present. The descendants of Ngti Manu are here before the flames of the fire to tell the stories of Ngti Manu to the Tribunal and to the Crown. And so I will not tarry, tn koutou, tn koutou, tn koutou katoa.

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NG MTEATEA ?? N reira, e ttou m, kua tika ng mahi i mua, ko koutou tr, kua tika ng mahi i muri, ko ttou r, r e whakatauki m ttou katoa, n reira, kua otir, engari, ng wairua o rtou m, piti hono, ttai hono, koutou r e te hunga wairua ki a koutou, e moe, e moe, moe mai r, koutou i roto i

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Wai 1040, #4.1.2 te Ariki, apiti hono ttai hono, ttou te hunga ora ki a ttou huri noa, huri noa, tn koutou, tn koutou, tn ttou katoa. Trans 5 If things are done well at the front and things are done well at the back that is a good thing. And so the spirits, may they congregate amongst themselves as we the living congregate amongst ourselves.

INTRODUCTORY CHANT ?? Haruru te matangi e, matai arorangi e, e t tairiiri e, whiti te mrama i te p, tkirikiri ana te r, te trerengi tangi i te p, niwaniwa ana te r, niwaniwa ana te p, kotokoto te waikoropp, te waitt, te wai o Parawhenua mea, ki runga i te mata o te whenua, wairere i konei, wairere i kon, ngunguru i te ata, ngunguru i te p, maringi wiwini, maringi wawana, mturuturu iho ng roimata o Rangi, rere iho ki te moana tpokopoko a Twhaki ki tr taha, ki te moana nui a kiwa ki tnei taha, ki a Hinemoana e ngunguru atu r, ki a Hinemoana e t marino nei, whakaputaina ki te whai ao, ki te ao mrama, tihei mauri ora. Whakarongo ake au ki te tangi a te manu Kotuku, Kotuku, Kotuku, kua tukua nei i te reo whakamoemiti, ki te runga rawa, i te mea, ko ia, te oroko tmatanga me te whakamutunga o ng mea katoa, n reira, ko ia te kai urungia o ng kaupapa huhua, koia te tiaho mai tana mramatanga, tana kaha, tana manaaki, tana wairua mahaki, ki runga ki a mtou katoa, n reira e P, tn rawa atu koe, otir, tnei te mihi ki a koutou Te Taumata, n koutou an i paihere te rangi me te whenua, n reira, ki a krua, n krua an te reo whakawhetai, otir, ki taku Aunty, kia Whaea Ru, kia ora ki a koe, m t karakia i mua i t mtou haerenga. E tangi ana te manu a te Rr, Rr, e Rr ana te whare nei e t, te mki, e Rr ana i te krero, ngunguru ana te whare, ng pakitara, haruru ana te whenua, i te tini o ng krero, i te maha o ng krero, whakarewa i te ngkau, whakatut i te puehu, n reira e te whare, whakaruru hau, e whakaruru hau ana i ng whitinga o te r, e whakaruru hau ana i te karawhiu o te ua, i tr o ng wiki, tn koe, te whare whakaruruhau, te whare whakawhiringa krero, he ptaka iringa huatau, tn koe. Ki te Papa ki waho r, te tutunga o te hnawanawa, tn koe, otir, tn krua. E tangi ana te manu a te Tui, Tui, Tui, e Tuituia nei ttou ki te hunga kua rpeke atu ki Paerau, haere atu r koutou, ko Whaea Urumihia tn tahi an kua huri atu ki te kinga tturu m ttou te tangata, ki roto i te maara o te kaihanga, n reira e te whaea, haere atu r koe, haere. Thono atu r koe ki to hoa tane, e tatari ana ki a koe, otir, ko t whnau, ko mtua, tpuna mtua, tuakana, tungne, me teina e tatari ana, haere atu r, haere, haere. Aue, te p mamae e ngaukino nei ki taku whatu manawa, te tini o rtou kua haere atu, kua mene atu ki te p, kua roa rawa atu e whwhai ana ki tnei kaupapa a ttou, kua huri ki tua o te arai, ki te maunga kkte, e kkte mai ai te kkte, e ara mai ai i te ara.

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Wai 1040, #4.1.2 N reira koutou m, ko mtou ng mrehu, te tai ahiahi, te waih iho nei i tnei r, hei aha, kia mauri ake te taki, kua waihngia, e koutou, kia kkiri ngtahi ai mtou, n reira e koutou m, haere, haere, otir, ki ng tpuna e rrangi atu r, nei mtou, te hari mai e ng tpuna, kia thonohono atu r ki a koutou, e ng tpuna, tn r koutou, tn koutou, haere atu r ki a Ranginui, haere atu r ki a Rangiroa, haere atu r ki a Rangi-wheturangi, ki te ptahi nui o Rehua, ki te pptahitanga o te hunga wairua, haere atu r koutou, oti atu ai. E tangi ana te manu a te Huia, Hui, Hui, e whakahuihui nei ttou i te r nei, i ng r kua pahure ake, me tr atu o ng wiki, ng r i mua, ng r hei muri, hei aha ki te kkiri i tnei kaupapa, n reira, ki a ttou te hunga ora, te tat mai m nei o ng kaupapa, tn koutou, kia ora ki a koutou, Ngpuhi whnui, Ngpuhi-nui-tonu, Ngpuhi-kowhao-rau, tn r koutou. Kua karapinepine mai ttou, ki te whakatutu an i te puehu, k mai i te aroaro o Te Taraipiunara, tahi mea e mea ana, he roopu whakamana, aini, ka kitea tn, mn he pono he aha rnei, otir, he whakatakoto i te mnuka ki mua i te aroaro i Te Karauna, n reira, ttou m, tn koutou, tnei mtou ng uri o Pmare o Ngti Manu, ng uri n runga mai i te waka o Ng-toki-mata-whao-rua, e t atu r i te akau, o Pwhairangi, e twhera atu r te awa o Taumrere, herehere i te riri, ka rere ma o tihu, tae atu r ki ng rekereke o Tpuhiwharawhara, ki a Puketohu noa, ko Phangahau te urup, te koiwi o ng tpuna, kia rongo ake au te kakara o te Kretu, kei roto i te awaawa, hei hiki i te manawa, mtou tnei ng uri o Ngti Manu, te tat mai ki mua i a koutou, n reira, tn koutou, Ngpuhi whnui. E Te Taraipiunara, tn koutou, tn koutou, n mtou an te hnore, ki te tpai, ki te mau mai i ng taonga, ng wahap kai-krero, ng kahurangi kmehameha, ki mua i a koutou, hei aha, hei whakatakoto i ng htori, i ng taunakitanga ki mua i a koutou, mhio mrika ana mtou, kua areare taringa mai koutou, korekau e hau mai ana ki konei, e puta atu ana i konei, engari, e mau tonu, i roto i ng hinengaro, otir, e mau tonu ana, ng kare a roto, ng krero whakarewa i ng ngkau, e pupuri ana tonu ki knei. Otir, ko te mate k, he pono nei krero engari, ko te wero ki a ttou, ko te tpai i r o ng krero ki mua i Te Karauna, i te mea, he phhtanga kei tnei motu, n rtou k te mana whakahere o tnei motu, mea nei mtou e k ana, khore, ko rtou, kei a rtou, te whakataunga mutunga, n reira, kia ora ki a koutou, i roto i ng kupu a te pukapuka a Matua Ranginui, ka whwhai tonu ttou ake, ake, ake, kia kai r an i te rere ua i te p, ka whwhai tonu, engari, tna nei mutunga i tnei tau, ko nei o ng kaupapa ka kkiri ake, heoi an, tnei noa iho, e tautoko i ng krero o taku matua, katira e ttou m, i konei, tn koutou, tn koutou, huri noa i te whare, tn ttou katoa. KARAKIA 45 Trans I listen to the kotuku, the bird that gives observations until the great Creator for he is the commencement and conclusion of all things. He lets his light to shine down upon us, he gives us strength, he cares for us and

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Wai 1040, #4.1.2 gives us a peaceful disposition, so thank you O Father. Greetings to Te Taumata, you have bound Heaven and earth to this place and so to the callers to Whaiaru and thank you for coming, offering our prayers The owl hoots, the very land reverberates with the oratory given and the dust rises from the earth and so this tent, our temporary shelter for the day, commencement from week one until this, the end of week two, and to the house that fills us with food and the marae with our greetings. The tui sings its song that binds the people to those who have passed on beyond the veil. Tis Whaea Urumihia who has only just passed beyond the veil so I say farewell, go to your partner who has been waiting for you, to your family, to your elders, to your ancestors and two younger siblings who wait for you there. O, the pain that keens within for those who have passed on who have fought long and hard for this kaupapa who have passed beyond the screen, to the place where those men never rise again so we who are the remnants are left to carry on the fight, so that we may come together in our battles. Unto the ancestors arrayed there I say that you have come and congregated amongst yourselves, farewell, farewell, go Ranginui and to the gathering of the spirits. The huia bird hoots its song binding us together and in the days passed and in week one, to come together. Greetings Ngpuhi whnui. Ngpuhinui-tonu, we are here gathered in the presence of the Tribunal. Some say that it is a group that gives effect to the Treaty, we shall see that in time so we have laid down the challenge to the Crown team. We are here the descendants of Pomare and Ngti Manu, the descendants of the waka Ngtokimatawhaorua here in the bay of Islands and Taumarere that binds the anger from Otuehu until Ngarekareka o Tapuiwharawhara and until Puketohuna and Puhanahou is the symmetry, the gathering place of the elders that I may smell the sweetness of Te Kare to uplift my spirits, it is we, the descendants of Ngti Manu here present. To the Tribunal, greetings, greetings. Tis our honour to come before you and convey these treasures and our speakers and our grand dames in your presence to lay down our histories and of the people. We know you are hearing keenly our words and that they are permanently fused into your minds and into your hearts. So we hold fast to that but the problem is our words are true but the challenge to all of us to lay forth this evidence to the Crown lest they think that they have the mana and governorship over this land, we say no. And so thank you according to Ranginui Walkers book we shall fight forever, ever. These are the matters that we bring before you. I stand here to support my elders. NG MTEATEA ?? E mea ana te krero a T Himi Henare, kua tawhiti rawa te haere, kia kore e haere tonu mtou, kua nui rawa ng mahi, kia kore e mahi tonu, n reira i runga an i r whakaaro, piti hono, ttai hono, ko rtou ki a rtou, piti hono, ttai hono, ttou te hunga ora, kua tau iho nei, huri tae awhio t ttou whare, tn koutou, tn koutou, kia ora ttou katoa.

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Wai 1040, #4.1.2 Trans TP 5 Sir James Henare used to say we have come too far not to go a little further, we have done too much not to do a little more, so farewell. Sir, Mr Potter here. Sheena Ross is a kaikrero that has had her evidence taken as read. However, her and her whnau are here and I seek the Tribunals indulgence if they are able to do a mihi to the Tribunal at this time and present a written copy of their brief of evidence to the Tribunal.

MIHI 10 Tn koutou, e te iwi o Ngpuhi, tn koutou e Ngti Manu, Rhiri, Kohaorau, Taura, Tpoto, Korokoro, Whtiki, Angaharoa, Haunui, Te Hunga, Rewha, Moetara, Moetara Rangatira, Hapakuku Moetara, Iehu Moetara, e te iwi o Ngpuhi, m mtou i te mokopuna o Moetara, ki Pakanae, i tana tohu i He Whakaputanga, kua rangatira Moetara i tana tohu e Trti, tn koe, ko te krero whakarongo o mtou tpuna i tnei wiki, tn koutou e te iwi o Ngpuhi, tn koutou, tn koutou. He mihi aroha ki a koutou, tn koutou, tn koutou, tn r ttou katoa. Trans To the people of Ngpuhi, we are the descendants of Moetara from Pakanae. We are here for a sign in He Whakaputanga and his signing of Te Triti and our elders, thank you for listening, giving time for our ancestor this week. Greetings to the people of Ngpuhi.

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Ehara i te mea, n naianei te aroha, n ng tpuna i tuku iho, i tuku iho, te whenua, te whenua, hei oranga m ng iwi, n ng tpuna, i tuku iho, i tuku iho. E ttou m, ehara i te mea e poro ana i ng krero, e te Judge, engari, ko te kaupapa, kia pinga ihu o ng manuhiri nei ki te taumata, n reira, ka tika i te tuatahi, me te mea, e karanga mai ana tn o ng whare, kua reri k mai ng kai, na reira, ko te kaupapa, kua whakaritea o tnei, me hariru i te tuatahi, kia tau pai ai i ng taonga nei me ng manuhiri, ng mea haere tika atu ki te kai o ng kaumtua kuia, kei tr o ng whare, te whare kai, ng tngata pnei au, kei tnei o ng teneti. Judge, we have yet to complete our encounter session for we must have the ruru, te hongi, and here is what we are going to do. We will shake hands firstly, so that we may settle the visitors in and go directly to a meal. The elders are in the dining hall proper, and the people such as myself are going into the rude construction tent next door and we will resume. We will resume, this is a short cup of tea because were looking to conclude the day shortly after 3pm where we will have a hkari, n reira.During that time or after the last speaker, we will hand it back over to the taumata to conclude our hui in an appropriate way. That is all I have to say at this time. Engari, e te matua te pai koraha heoi an, koia tn ko te kaupapa, me haere mai ki te harir i te tuatahi, kia ora an ttou.

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Wai 1040, #4.1.2 Trans So let us shake hands, thank you very much.

Luncheon Adjournment

WEEK 2 DAY 5 SESSION 2 [1.37 PM] FINISHES WEEK 2 DAY 5 SESSION 3 STARTS
5 Hearing Resumes PT Trans AH 10 - - - ng krero whakaputa, so aroha mai r, e rau rangatira m. - - - so they are with me. So I apologise, sirs. Tn koutou e ng rangatira, o Te Roopu Whakamana o Te Trti o Waitangi, whakamihi ana au ki a koutou, ko Kurahaupo, ko Ngatokimata-whao-rua, ko Mataatua, ko Mhh-ki-te-rangi ng waka, ko Ngti Manu, Te Uri Karaka, me Ngti Rongo, ara, a Ngti Rango ng iwi, ko Pmare te tpuna, ko Arapeta Wikito Pmare Hamilton tku ingoa, e noho ana au ki kato, ki te rohe o Tokerau, ara, ki Pwhairangi, he uri ahau n Pmare, he kaumtua ahau n Ngti Manu me Te Uri Karaka, ko te tmatanga o Ngti Manu. Greetings to the august members of the Waitangi Tribunal, warmest acknowledgments to you all. Ngtokimatawhaor, Mataatua and Mahuhukiterangi are the wakas. Ngti Manu, Te Urikaraka and Ngti Rongo/Ngti Rango are the iwi. Pomare is the ancestor. Arapeta Wikito Pomare is my name. I reside at Okiato in the Bay of Islands in Northland. I am a descendant of Pomare. I am an elder of Ngti Manu and Te Uri Karaka. The origins of Ngti Manu.

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Arapeta Hamilton reads to his Brief [2.02 pm] NG MTEATEA 25 AH Trans JC Trans 30 AI N reira, tn koutou, tn koutou, kia ora mai an ttou katoa. Therefore I end my remarks there and I pay my greetings to you all again. Taihoa, Mr Hamilton, Mr Irwin, kei a koe tahi ptai mn? Hold on Mr Hamilton. Mr Irwin, do you have any questions? Karekau he ptai, engari, te mihi, te mihi atu ki a koe, te mihi atu ki a Ngti Manu, kei konei ttahi koutou whnaunga, kia mau ana ia i ttehi o ng ingoa tpuna, nhau an i krero i roto i to krero, na reira tnei te mihi atu ki a koutou, Ngti Manu, te awhi mai nei. I have no questions, but to tell to you and Ngti Manu, one of your relations here who takes one of the ancestral names that you discussed in your talk and to you, Ngti Manu.

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Wai 1040, #4.1.2 KN N reira e te rangatira, i tnei r, ka mihi ak e r k i a k oe, otir, k i a koutou o Ngti Manu, ko koutou r e tuku atu, o koutou- - n reira, tnei ka mihi ake r ki a koe, m krero, ka putaina, ki mua i a mtou, n reira, kia ora, tn koe. [Indistinct 2.58.00] To you, rangatira, we thank you and to you of Ngti Manu, you who have released your mana to everybody, and therefore we thank you for what you have given to us and we thank you. Behold, I bring life to the world and I am standing here to thank you for this chiefly speech and also for your remarks to the Crown and the way that our chiefs, our elders at the time, died and we acknowledge. Also a second reply, to you, Ngti Manu, third speaker, we thank you and you, one who stands on the highest level for Ngti Manu and also at the meetings at Whangaroa and the discussions on He Whakaputanga and also things concerning Pomare and also how you put together the spirit and the pride and so I thank you all. So I repeat my thank you. Again, we acknowledge what you have said and so I thank again and I turn and I thank you of the Tribunal. Tn koe. Ms Sykes. We have one more witness, Ms Baker and shes a little nervous so Id ask her while we just sort things out here. e. Te mea tika me titiro runga ttou, ki to ttou matua nui te rangi. Ko i a te tmatanga me te whakamutunga o ng mea katoa, mihi ttou ki to ttou matua, Te Whaea, Te Tama, Te Wairua Tapu me ng Anahera pono, mine. E mihi tnei ki ng Tumuaki o te tpu me te Kaiwhakaw o te Karauna. Ki ng hau e wh o Ngpuhi-nui-tonu, tn koutou, tn koutou, tn koutou katoa. ALL 30 JB Trans Kia ora. Ko Pwhairangi te moana, ko Waitangi te awa, ko Waitangi te whenua, ko Waitangi te marae. I pay my respects to the Crown, to the four winds of Ngpuhi-nui-tonu. I acknowledge all of you. Bay of Islands is the river, Waitangi is the river, Waipuna is the land, Waitangi is the land at Waitangi Marae.

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Joyce Baker reads to her Brief [3.02 pm] JB Introduction: My name is Joyce Baker. My home is situated near the waterfront of the northern end of Russell Beach in the Bay of Islands which looks across the water to Waitangi. It is also situated at the bottom of Te Maiki maunga where the flag pole was pole-axed by one of Hone Hekes warriors and in fact it was cut down three times.

Wai 1040, #4.1.2 On the northern end of the Russell Beach, one arrives back at 1830 and the war at Hellside the Girls War or more correctly, the battle control of the primary centre of shipping and trading. The history of the Girls War is written and well known throughout Ngpuhi-nui-tonu. It has a much more intimate meaning to us. On the southern end of the Russell Beach there is a place called Te Keemu P. It was once a fishing settlement that Ngare Raumatis allies from Rawhiti. In 1790 an incident took place at Matauwhi Bay in Russell where a Ngti Manu woman name Te Ahau, sister to Tara, Ariki of Kororareka was murdered, cooked and consumed by Ngare Raumatis allies. Te Keemu was a fishing settlement that belonged to Ngare Raumatis allies from Rawhiti. Te Keemu maunga and its surrounding areas was given to Tarapai, Ngare Raumati as a payment for utu for that terrible incident. Te Ahau (thats my tpuna whaea) and I am her eighth direct descendant. Tara and his people then lived at Te Keemu. After Taras death in November 1818 his people still carried on living there under Whareumus leadership. Taras nephew, Whareumu sometimes called King George or George King then became the principle leader after Taras death. Whareumu also sometimes referred to as Uruti Whareumu, setup a papa kinga at Uruti Bay. Uriti Bay is at the southern entrance to Russell and is adjacent to a property now called Pomare Bay which once belonged to Pomare II. Pomare was involved with Ngti Manu and some tribes of Ngti Rhiri in warring against the enemies, far and wide. Now I believe Hori Kngi or Whareumu had three wives. The first one was called Kataraina and the second wife was Kirui (whom I am proud to say is my great-grandmother), his third wife was called Roroa. 30 Whareumu met his death at Waima in 1828 where he went to seek utu for the death of Tiki (son of Pomare I) who was killed by a chief of Mahurehure which extracting payment for pigs that were stolen from Tiki by Mahurehure people. His body was brought back to the Bay of Islands. The funeral cortege was intercepted by Kawiti and taken to Te Pouaka o Hine a Maru for burial. After the death of Whareumu his brother Kiwikiwi took over the role as a principle leader for the people of Te Keemu P. Theres also in the area on the southern end of Russell Beach, below Te Keemu maunga, where Kiwikiwi lived with his people. While Kiwikiwi and his people were away at war in the south against the enemy of Ngti Manu, a fly-by-nighter named Chief Te Tao from Waitangi came to Kororareka and sold the whole property. When Kiwikiwi returned he found his papa kinga and maunga sold. It is that the p and papa kinga changed ownership many times, caused by our own people, using lands for purpose of access to death machines of the Pkeh: tobacco, guns and ammunition.

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Wai 1040, #4.1.2 Uruti was also Whareumus papa kinga. It was a great place for fishing and gathering seafood. The beach itself was a place for herenga waka. Across the bay from Uruti is Pomare Bay. This also belonged to Pomare II (which Pomare II was at Otaihu), Te Tao and others also sold Pomare Bay. The area of land that Te Tao illegally sold to Pkeh was defined, but the Pkehs brought that piece of land, extended their boundaries to include a larger area. They took more than what Te Tao sold them. The papa kinga of Tara and Whareumu is now Crown land and is in the hands of Papa Atawhai. We would like it back. 10 ALL JB Kia ora. Now a few kilometres from the top of Te Keemu maunga along the fence line is a huge palisade. An onsite inspection of Te Keemu area took place some years back under the guidance of Ian Lawlor for the North Shore Regional Council. There was as whole weekend of onsite inspections of Te Wahapu area. Uruti and Pomare Bay and those of different haps supporters came to be with the Tangata Whenua o Kororareka. mtou moemoe, kei whakahokia mai te whenua, whenua nei hei whakatu marae mo Kororareka, ara mo ttou katoa. 20 I mua i te haerenga o Pomare rua ko tna tama a Te Titaha ki te whawhai i Te Waipa in June 1826. Ka pnei mai te ptai a Pomarenui Ki te kore a mua ko tku tama a Te Titaha e hoki ora mai, i te whawhainga i te Waipa, e pai koutou ki te pikau i te ingoa o tku tama, a Te Titaha. Te hanga i tutuki tr ptai ana. I muri mai te matenga o Pomarenui me tna tama, ka whakahurihia te ingoa nei Te Titaha ki te ingoa tuatahi o Hepi Te Titaha, he tpuna nku. Ka waihtia te ingoa Hepi hei ingoa tturu ake. I hainatia Te Triti o Waitangi taku tpuna Te Titaha i Karaka Bay o te Tmaki Makaurau. Te Titaha whnau only lived at Karetu for a short while before moving to Waitangi. Maori people often travelled by internal waterways and forest in search of food and water. If for some reason they were forced to move onto another area, I believe that they lamented a waiata ana i o rtou mamae mo te abandonment of their home. They gave place names to the land as they domesticated it, sometimes fitting it for human occupation or just pathways to give some direction to other pieces of land or territory accessible to sea for food and freshwater. These were always part of the laments and were signposts to the future as memories for us to define our histories. After the death of Pomarenui, Pomare II, his nephew, married his uncles widow, Ihummao o Ngti Kahungunu and had a daughter named Keita Waip who is my great-great-grandmother. At the request of Pomare IIs mother, Haki, Pomare II took the name of his Uncle, Whetoi Pomare. Others have spoken about the circumstances of how Pomare II found himself incarcerated. I will not focus on how that happened. What is

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Wai 1040, #4.1.2 clear, however, is that when Pomare II is released from jail he found Otuihu destroyed and his forces dispersed, engaging in war in support of Kawiti, Korowai and Ruku. Clearly, any demonstration by him in support of those labelled rebel hap and their allies would immediately result in his capture and trial (as has been threatened by Governor Fitzroy) so I wish to ensure some understanding for his decision not to engage in combat at that time. I have no doubt also that Pomare II would have been a match for the Crown and it is clear as it is noted by Te Heuheu that had he continued to play a determining part in the war, in peace, it seems clear other histories may have been written. The English were an insatiable people, desirous of conquering all nations. Pomare II it seems would have been a match for them. On the 29th of September 1845 Fitzroy said to Hone Heke and Kawiti, I offer you an agreement for peace. There is much speculation on this but the reason for its failure (which led to the final battle of Ruapekapeka) was Fitzroys demand that the following phase is to be given up to the Queen and to remain unoccupied by anyone until the decision of her Majesty the Queen be signified: namely, parts of Mawe, Ohaewai, Kaiamai, Te Aute, Wangai, Waikare (which was used as a base for the military) and Kotere and Kaiptiki. That was in Daniel Munns thesis, yes, 1981. Although I am reluctant to take land, I am obliged to demand some, as the only method of making the punishment of these rebellious adversaries and warning the ill disposed on the other parts of the island. Again thats Daniel Munns, written in his thesis, yes. I am a very simple woman but when a pledge for peace is accompanied by a demand for prime land, where signified trade is occurring, the threats to punish our most revered Rangatira, then really it is not a pledge for peace or houhou ki te rongo but terms asserted to takahi mana and to take our trangawaewae. Te Haratua, Marupo, me Ona Hoa: Te Haratua together with Marupo (both Chiefs of Oramhoe) and other chiefs from other areas were all part of a group at Kaiptiki. They were all signified figures in both Te Whakaputanga and Te Whakameninga o Nga Rangatira o Niu Treni and Te Triti o Waitangi. Kaipitiki: Kaiptiki is situated at the back of Waitangi, on the Puketona Highway before you come to a place called Haruru Falls. The people saw it as a great place to settle because it was accessible to water to fish for patiki to eat. There was a puna for water, although I was told the puna was only used for spiritual healings. Freshwater was available which came fro the inner part of the land. The river at Kaiptiki is a tidal inlet. During the time my people lived there they were dependent on fish as well as other resources such as firewood and flax for making kete to carry food from the shores of Te Pewhairangi. This area was also one that was coveted by the Pkeh.

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Wai 1040, #4.1.2 Henare Te Titaha: Henare Te Titaha was married to Te Paea Tukaahu (that was his first wife) and their son Hepi Te Titaha was born at Kaiptiki. Henare was not of any standing but was a kai tonotono. He signed the Deed of Sale at the direction of the chiefs that were there and was told to add his name in writing as well. I attach as an appendix a true copy of this document. It is said 100 pounds was paid for those people by Kemp 10 years after they were told by Fitzroy to leave the area and not to return. The reason why I am a beneficiary at Waitangi in Te Tii Waitangi B3, Te Tii B block 7 and also Te Tii B block 12 is because Hepi Te Titaha was born at Kaiptiki. This is written in the Mori Land Court minutes from a hearing at Russell. Im quite certain Kaiptiki was a forced sale as they were pressured into selling the place before Governor Fitzroy was punishing Pomare II. Before the signing of the Treaty of Waitangi my people were told by Fitzroy to remove themselves from Kaiptiki. I tried to find the year that this took place. I just feel that it happened before 1840, the signing of the Treaty of Waitangi. He told them they were not to return to live on the land because it belonged to the Queen, that was in Munns too. Henare Te Titahas grandmother in law, Haki who married Tautoro (of Ngti Hineira) was in that group as well. Haki is Pomare IIs mother. They all decided to head towards Te Aute, a p situated between Oromhoe and Pkaraka. They may have lived there for some time before they were discovered by Fitzroy again. This is the reason they left Te Aute P and moved to Otao. Te Papatupu o Oromhoe do have the information of their travels and history from Te Aute to Otao whenua. They all set up homes and farms in the Otao area. Oromhoe was the school I attended from the beginning to the end. Otao is the place I grew up in before I went to work in Kawakawa. These matters I raise are very much part of my childhood memories as they were always discussed at our kinga and marae meetings and in many political discussions which were encouraged at Waitangi. I wish to go full circle in closing this part of my krero on these matters and go back to an earlier period prior to the arrival of the Pkeh. 35 Our Early Assertions of Mana: In the late 1700s a war party from Ngti Maru arrived at the Bay of Islands. The high chief Tara was in his p at Tapeka when Ngti Maru sailed in. Tara called out to Ahurei, the Ngti Maru chief, E anga mai koutou i hea? Ahurei replied, Kei te haere a matou ki Te Kerikeri, ki te awa o te rangatira. (Hongi Hikas elder brother, Kaingaroa, lived at Kerikeri). Tara replied, My friend, Kaingaroa is nothing but the calking and lashings of the canoe, but I am the plumes of the canoe, the head adorned from the sky. Here lies the river of Taumarere, it is the river of chiefs. Ahurei and his party were given a pwhiri at Waitangi. My ancestor called Kake from Ngti Rhiri/Ngti Manu asked Ahurei if he could borrow his mere while he spoke. Ahurei agreed. Kake got Ahureis mere and proceeded to speak. He jumped from one side of the marae to the other. Then

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Wai 1040, #4.1.2 suddenly he ran towards the Waitangi River where a friend was waiting with a small canoe and the sped up the river and headed towards Kaiptiki River. 5 Ngti Maru pursued Kake by foot. Once reaching Kaiptiki, Kake and his colleague ran along the old Mori trail toward Oromhoe. Ngti Maru were getting closer and Kake began to karakia. Kake could feel the presence of the karakia slowing Ngti Maru down. Kake stopped at the latrine trail and drove the mere into the tutai (that means doing a haka) thereby nullifying the karakia. He carried on escaping Ngti Maru. He later came back to retrieve the mere. Ngti Maru was so incensed and attacked Puketona. The battle of Te Waiwhariki was a major Ngpuhi defeat. The continued on to Poerua and to Ngti Hine conquering as they went. The mere that I speak of lies here before us, takoto mai n te mere n, ki kon. Our journey to seek the recognition of the constitutional promises in Te Whakaputanga and the Treaty have been parallels to the highs and lows of the battles and the betrayals have prompted certain reactions. At times Te Triti has been dishonoured and has had to find places of protection where its mauri can be protected and the spiritual power of its context given an opportunity to be reflected upon and then reborn. At times it has been brought out by our tohunga to recall the principles of honour and the dignity that bind the present and future generations to the actions of the past. At times it has been brought out by our people to reassert our mana and our rangatiratanga when the Crown and it emissaries and other party, have tramped on us that would seek to uphold its tapu. Always our kinga at Waitangi has remained central to these struggles and a place where the desire for peace which is central to both of these covenants could be negotiated, respected and restored. My plea to you is that you remind the Government of this: It was put in this way in the times of my ancestors: E hara taku hoa a Kaingaroa, he purupuru, he tk, ka ptai ko ahau, ko te titi, ko te aponei, ko te angaanga i titi iho, i te rangi, e tuwhera atu nei te awa o Taumrere, ko te Awa o te Rangatira. 35 Before I bring this to a close, e te Tpu, I would like thank all the supporters here for being here and supporting us, ma u ko Arapeta. So thank you very much all. N reira, aroha mai, tn an koutou katoa. Trans 40 JC WAIATA JC Tn koutou. Mr Irwin, he ptai t? Love to you all. Tn koe.

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Wai 1040, #4.1.2 Trans AI JC 5 JB Thank you. Mr Irwin do you have a question. No questions, sir. I do have one question. I noticed in your krero you referred a number of times to Danny Munns MA thesis. I cant remember the exact focus of his thesis. Could you help me there? The reason why I did that was I was following a pattern and in that way I felt that I could link up with as to where I was going to from there onwards. Yes. Daniel Munn is Ngti Manu so therefore I just felt that I had a right to take bits from his thesis. Tn koe. Tn koe. Kua riro mku te mihi atu ki a koe e te whaea m n krero i whriki nei e koe, i whriki Mori mai, i whriki Ngti Manu mai, n reira, ka nui ng mihi ki a koe, otir, ki ng kaikrero katoa o tnei wiki, i te tmatanga o tnei wiki i tmata mai i a Nuki, a, tae noa ki tnei w, ko koe te mea, hei kapi i ng krero m tnei wiki, te wiki tuarua, n reira ng mihi ki a koe, ana mihi, ki ng kaikrero katoa, kua haere mai nei, ki te krero ki a mtou, ki te krero ki Te Karauna, ng kai-krero katoa, e whakaatu mai nei, a te mamae, e whakamamae tonu nei, n reira ka nui ng mihi ki ng kaikrero katoa, mai i te tmatanga o tnei wiki, tae noa ki a koe e te whaea, n reira tn koe, tn koutou, inananei, ka huri atu an te rkau ki a koe, te matua e Bob, koutou o Te Taumata, kei a koutou. Thank you very much for your evidence that you have proffered before the Tribunal. You have presented it in a singularly Maori way, in a singularly Ngti Manu way. So thank you very much and turning now to all of the speakers this week. We commenced this week with Nuki Aldridges evidence. And you are the final speaker of the week too and my thank you to you and to all the speakers who have come to talk to us, to talk to the Crown. All the speakers who have given the pain and which they have and they still have and therefore my thank you to all the speakers, right from the beginning of this week right to this time to you, Whaea, and so thank you, thank you all. And now I turn the matter to Bob who will speak. ?? 35 Ehara i te mea, kei runga k hau i Te Taumata, engari, kua tae ki te mutunga o t ttou nohonga m tnei te wiki tuarua, n reira me waihngia atu ng mihi ki ng kaikrero, heoi an, tku tn koutou katoa, he whi pnui nei i mua i te hatutanga ki Te Taumata, heoi an, kia mhio ai koutou ko ng hap i mahi ai, hei kaitaka t i ng kai, ko Ngti Rahiri, ko Ngti Kawa, ko Ngti Kuta me Te Patukeha, n reira, hmai te pakipaki m rtou. We have reached the end of our week two, so we will leave the mihimihi to our delegated speakers. Just some last pnui before handing over to te taumata. So you are all aware that the hap that prepared the meals

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Wai 1040, #4.1.2 for today were Ngti Rhiri, Ngti Kawa and Ngti Kuta and Te Patukeha. Give us a big hand and round of applause for those teams. PT 5 In regard to the hkari, as I said earlier, our kaumtua, kuia in the wharekai over there, they will be joined by the Tribunal. If the kaumtua, kuia can come through after the closure of our hui, we need that to happen. In regard to week three, most of you know this anyway, it is being held from August the 9th to the 13th, so there is a bit of a break before we come back for week three and then week four is in October. Those people who are wanting input into the organisation of week three, a hui is being held at the Parawhenua Marae on Wednesday the 30th June starting at 9.30 am, Te Kotahitanga o Ng Hap o Ngpuhi is holding that hui to talk specifically about week three arrangements, the programme, the venue et cetera. On the agenda will also be a topic about the settlement of Ngpuhi Treaty Claims, looking at a hap led model. Apart from that, the process for closure will be to - the taumata has asked me to explain to everyone that the Crown will be given the opportunity to mihi followed by the Tribunal and then the taumata have asked whaea Bubby ki te karakia i ng ta ga n ka hakakapingia t ttou nohonga. N reira, kua mutu te whanga ki au kia ora an ttou katoa. ?? Trans PT 25 [Indistinct 3.33.40] Can you explain about the Treaty claims? I thought the focus was on He whakaputanga. E Oneroa, me pnei te krero, ina tae atu ttou ki Te Parawhenua, ko reira ttou i kite i te mea mrama, i te mea tika ana hoki, kia kaua ttou e krero ki konei, koia tn ko te whi tika hei krero i nei kaupapa, n reira kia ora an ttou. When we get to Te Parawhenua we can see the clear path and the true path and let us not debate things here. The correct place, the correct forum is at Parawhenua. - - - kia krero pono ttou, kei konei katoa ttou, n reira [Indistinct 3.34.15] Let us work truthfully, we are all here so why not discuss things here? , kti, tn koutou katoa, E Te Taumata, tnei te mihi atu, pnei te mihi atu ki a koutou. Kua hui mai nei ttou i tnei wiki i raro i te kaupapa n koutou an i whakatakoto he Whakaminenga ktahi raro i te manaakitanga o te rng rawa, n reira, tnei te mihi atu ki a koutou te mihi atu ki t ttou Minita m tnei r. E Te Taraipiunara, tn koutou katoa, koutou e whakarongo mai nei i tnei wiki, whakarongo ki ng nawe a te iwi, tnei te mihi. Ngpuhi-kowhao-rau, tn koutou katoa, tautoko au i ng mihi a te kaiwhakaw ki a koutou, kua k te hinengaro i ng krero i tnei wiki, kua k te puku i te reka a ng kai hoki, n reira tnei te mihi, ki tn, ki tn hap, mai i te whare kauta, hei whngai ki te

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Wai 1040, #4.1.2 iwi, hei whngai i a ttou katoa, n reira e koro ma, e kui ma, tae noa ki ng tamariki, tn koutou, tn koutou, tn koutou katoa. Te mihi hoki ki ng kaimahi a Te Taraipiunara, e noho kei muri r, tn koutou, me ku hoa e noho mai nei i tnei wiki, tn hoki koutou katoa, huri noa, te Teneti, tn koutou. Ko ta mtou waiata i tnei wiki, he waiata na ttahi atu whenua, he whenua k, engari, ko mtou nei, e whakapapa ki tnei whenua, n reira, n ttahi atu whenua t mtou waiata. Trans 10 Te Taumata, greetings to you. We have gathered here this week under this mantle of these subjects and we have come as one under God. I would like to thank our minister for the day, thank you to the Tribunal who have been listening keenly to the words of the people. Thank you. Ngpuhi of a hundred holes, greetings to you, I support the sentiments of the Kaiwhakaw. The mental kit is full, the physical kit is full, thank you very much to those responsible for filling those receptacles, for feeding us and so ladies and gentlemen, boys and girls, greetings. I would like to acknowledge the staff of the Waitangi Tribunal and also to the lawyers throughout our forum. Our song this week is from another land but some of us have genealogical ties to this land. WAIATA AI Trans ?? 25 N reira, kei te hoki mai nei mtou ki te whakaaro an, tn koutou. We are going home to think again. Who will stop that now. For who? For the past 10 days I have been hearing that our registrations and weve been signing over there at that puaha that comes to the - this week that weve been hearing, for this week and the time before, that registration. Where is our registration for closing day? I've been hearing for the last two days that it is missing. Why is it missing? What are we signing for? Why is it missing? What are we signing for? Are we signing for you, the Crown, are we signing for you, the Tribunal or are we signing for some particular, kia ora. Tn koe Ngti Hou, Ngti Kaharau, tn koutou katoa, I mentioned it the other day about the thing that went from here and I said well, if we can try and get them back and receive them back, we are lucky to get them but whoever has done this, bear in your mind it is on your back. So, kia ora koutou tn te whnau. E aku rangatira, kei phh koutou he tekoteko noa iho tnei e noho nei, n reira i whakaaro ake au kia t ake au, he poto noa iho o aku krero. Tuatahi, e mihi ana ki a ttou kaikarakia m tnei wiki, me taku mahara ake e Eru, ko taku krero ki a koe, kia kaua an pea tr huatanga e pa mai ki roto i a koutou karakia, kia wareware koutou ki te noi m Te Karauna, m aku hoa, he aha ai, me tuku ng karakia ki runga i a rtou, heoi an Te Roopu Whakamana i Te Trti o Waitangi, anei, noi mai m rtou. Karakiangia katoa ng karakia, ng noi, m Te Roopu Whakamana i Te Trti o Waitangi, m ng kaumtua, m te iwi,

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Wai 1040, #4.1.2 warewarengia, Te Karauna. Ko taku whakapai kei a rtou te krero mutunga, a te mutunga o ng tono katoa a tr tau. N reira, tuarua, mihi ana ki a koutou i te whakahaeretanga o ta ttou hui, tautoko ana i ng mihi e mihingia nei e Te Karauna, m te ringawera, te mahara ake ki taku matua i konei i muri nei, i ng r i pahure, i ng r o Waitangi, n reira e mihi ana. Tuatoru, te mahara ake, me mutu pea i konei, n te mea he poto noa iho aku krero, te mahara ake ng krero m t mtou tpuna, e krerotia nei a Pmare, taku mhio i mate ake a Pmare i roto i tr o ng iwi a Taranaki, Te Atiawa, whakahokingia mai e Ngpuhi, katahi ka haere mai ttahi tangata i ng tau kua pahure, e tata ake nei, haere mai ki roto i te w kinga i roto o Moerewa, katahi, ka akongia mai ttahi waiata ki a mtou, i ta mtou roopu a Matawhaorua, ko tana waiata, i pa ki te kaupapa e korerotia nei i roto i tnei wiki, te mana, te rangatiratanga, n reira, ka oti aku krero ki tnei waiata, i akongia ki t mtou roopu, e krero nei ki te mana. Kore pea koutou e whakae ki tahi w krero, engari, whakaarongia ake. Trans Lest you think that this is a mere totem pole, so I stand here to prove otherwise. Firstly, I would like to acknowledge our ministers and I recall my word to you, Eru, that in your prayers you forgot to include the Crown. Because you must put your prayers over the Crown, offer a prayer for the Crown. Yes, offer up prayers for everyone, for the Treaty of Waitangi, for the elders, for the people, and forgot the Crown. And I say to us, they have the last word in these proceedings so it is appropriate to offer up prayers to them, for them. Secondly, I would like to thank you all for running our hui. I support the mihi of the Crown to the workers, I recall the old times when the elders worked here. Thirdly, I will conclude here. I will be brief. I recall our ancestor Pomare who died in the south, in Taranaki as I understand, and he was returned here. And then recently a man came here into Moerewa and he taught us a song of Matawhaorua, his song pertained to the mana and the rangatiratanga. So I conclude with this waiata that was taught by him to us. You may not agree with some of the lyrics but here we go. WAIATA 35 ?? Kua ngaro haere e te iwi, te mana o te Mori e, kaua rawa e tuku ake a ngaro, kei kore e mohiotia ttou, he mangere n ttou e te iwi, ki te kimi i ng tonga e, whakarongo mai r kia kaha r ttou katoa, i te pupuri i a mau rawa. The people have lost the mana of the Mori, let it not be lost lest we forget because we are a lazy bunch, we are lazy bunch, to look for those treasures, listen to, be strong, be steadfast, to hold fast. Tihei mauri ora, kia tau an te rangimaria kei runga ki a ttou, n reira ka raranga te muri hou i tut ai ng ngaru o te moana, i whakairi ai ng kapua o T, ki runga i te whare e t nei, i hikohiko ai te uira, ki te papa e takoto e waho, papai te whatitiri ki runga ki a ttou, tnei r ka t, ka t, ka t ki te mihi ng tonga e takoto nei, mai i tr pito, ki tnei pito, ko

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Wai 1040, #4.1.2 koutou ng matua, ng tpuna, kua tat mai ki waenganui ki a mtou, te Roopu Whakamana i Te Trti, tnei, ka mihi ake r ki a koutou, tn koutou, tn koutou, tn koutou. 5 Huri ake r ki a ttou, ki a ttou ng pari krangarangatanga Te Pwhairangi, ki te Moana o Te Pwhairangi, Ngti Manu, nga krangarangatanga i korerohia ai e ttou, ng krero i te wiki nei, ng mamae kei roto i a koutou i whakarongohia ai mtou, ng mamae o r rohe, o r rohe, ka t noa r, ki te awa o Taumrere, ki Hokianga Whakapau karakia, e korerohia ake nei i tr r, ng priri o Te Taimai, e tangi ana, e tangi ana, e tangi ana i te ua, engari, ko tna krero i waenganui i a ttou, ko ng priri o Te Taimai, e katakata mai r, e katakata mai r, hoki atu r, ki Te Oneroa o The ki te rerenga wairua, ng mamae kei roto i a koutou, tnei ka tangi ki a koutou, ka mihi ki a koutou, tn koutou, tn koutou kua tat mai, mai i te timatatanga o tnei wiki, tae noa ki tnei w, ka mihi ake r, ka maioha atu r ki a koutou, e ng iwi o Ngpuhi-nui-tonu, tn koutou, tn koutou, tn koutou katoa. Let peace reign amongst us, the house and the clouds, the clouds are rain above and the lightning plays on the lands and the very thunder breaks upon us and I stand to acknowledge the treasures arrayed here. You, the ancestors who have come amongst us this time and we acknowledge that. And turning to us, to us the people of Te Pewhairangi, Ngti Manu and the histories that were retold this week and the pain that is within you we heard, and the pains that were inflicted on each region and each piece of land, unto the river of Taumrere, to Hokianga, Whakapaukarakia, that was spoken of earlier. The puriri trees of Taimai that are weeping with the rain but the puriri of Te Taimai are laughing, are laughing. And unto Ninety Mile Beach (Te Oneroa a Tohe) and we cry to you, we weep to you, greetings and acknowledgements to you. You who have been here from the beginning of this week unto this very hour and we farewell and salute you all. To the people of Ngpuhi-nui-tonu, tn koutou, tn koutou, tn koutou katoa. WAIATA 35 ?? No reira ka huri r ng mihi ki a rtou te ringa wera, e kaha nei ki te whngai i a ttou, ng mihi r ki a rtou, ng mihi nunui, ng mihi teitei, whnui rawa ki a rtou, i whngaihia ai ttou ki ng pai kakara katoa, ng kai i papai katoa, n reira ka mihi ake r ki a rtou. E Te Taumata, tnei ka mihi ake r, Te Roopu Whakamana i Te Trti ki a koutou, i noho ai koutou ki waenganui i a mtou, mai i te tmatanga, tae noa ki tnei w, tnei ka mihi, ka mihi, apiti hono ttai hono, ko rtou te hunga kua huri atu ki te ao wairua ki a rtou, apiti hono ttai hono, ko ttou r tnei te mare, ng waihtanga o rtou ma, tn koutou, tn koutou, kia ora ttou katoa. Turning now to the workers at the back who fed us. Greatest acknowledgements and congratulations to them. We have been fed with the juiciest titbits of food from this area to te Taumata thank you very

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Wai 1040, #4.1.2 much. From the Waitangi Tribunal warmest acknowledgements, you have been a constant companion for us from day one unto this hour. May those who have passed beyond the veil congregate on my stem cells as we the living, the myriads. 5 ?? Tn r ttou katoa i tnei ahiahi, i t ake au i tnei w, me pehea ake tku whakaaro, me taupuke ta ttou hui, m te pekepeke mai o tahi atu, ki te whakahh i a ttou katoa, n reira, ki a ttou ma, kia aroha ttou i ng w katoa, ko te krero tnei i puta i a au, mai i te tmatanga o tnei wiki, i tnei r, kei konei tonu au e t ana, n reira, ko te mea tuatahi, ka mihi r ki a ttou, ahakoa, kua pau te wiki ake e noho tahi ai ttou i tnei r, kua tika te hoea o t ttou waka, kua whakarongo i ng krero katoa, i whakatakototia ai ki mua i a ttou i tnei r, i tku titiro, kua noho ttou i runga i te rangimarie, ki te pono, ki tnei o ttou, n reira, ko tnei te mihi ki a koutou, e whakaaro ana ahau i roto i taku mtenga, e mea ana, e whakapuaki ana ng ngkau ki a koutou, mea atu ana, kahore, kei noho ttou puringia ttou kei konei angi [Ph 3.50.07], n reira e ttou ma, ka mahi atu ki a koutou e Te Taraipiunara, ki a koutou, m o tino kaha ana hoki ttou, o ttou karangatanga, o whanaungatanga, ttou katoa, i tnei w, e kore e aroha tonu ana i te krero te reo ttou o Te Karauna, korekau k ttou e korerotia atu ana ki a rtou, i roto i o ttou karakia, ko te mea k, kei reira ttou, kei reira rtou o ttou kei konei, ng karakia, e haere ana m ttou katoa, n reira, ki a ttou ma, i tnei w, tnei o ttou tuahine, e noi mai nei, e hiahia ana, mai ana e taupuke t ttou hui i tnei r, i roto i tana whakaaro, e hiahia ana ia, ki te huri haere ki ng tonga nei, mai ki konei, ki k, ki te whakatau i a rtou, i roto o ng karakia, ka kati mai ana, hei kati m ttou katoa, n reira, kia aroha mai ki au, i aku krero ki a koutou, e pnei ana te kaupapa i whakatakototia ai, haere mai, haere ng karakia, huri noa, ki r o ttou tonga, mn hei taupuke atu te karakia m tnei r, n reira, ki te tuahine, kei a koe. I stand here before others jump up and down to give us more tedium so from the commencement of our week unto this time I am still here, so I would like to congratulate everyone. Although we have expended the week here, we have rowed our waka successfully, we have heard all of the evidence and so we should close in peace and goodwill and I am thinking here whether I should tell you but whether yes or no. If I do say a few things we might be here all day so I will just acknowledge the Tribunal and so I acknowledge the words from the Crown because we have not acknowledged them in our prayers, but they are there, we are here and the prayers are covering all of us, them included. And so this sister who requested that she close our day in her thoughts, that she wanted to turn to acknowledge the taonga to those other taonga on the other side, and so I say to you this is how we will do these proceedings. We will start with karakia if there is other taonga at the end and that will close this off. Tn koutou, o aku mtua, i hmai tnei honore ki ahau, i tnei ahiahi, t ttou karakia whakamutunga m ta ttou huihuinga, ki a koutou, e kore e mhio ko wai ahau, ko Rira Materoa Tetai ahau, ko taku pp, kei Hokianga, Waiwhatawhata, mai i Te Hokianga, i te taha o taku mm ko Ngti Manu, tn koe, a ttou whnaunga, ta ttou Himene tuatahi ko Whakaaria mai.

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Wai 1040, #4.1.2 Trans Thank you the elders for giving me this honour to carry out our closing karakia. To those who dont know who I am, I am Rira Materotetai. My father is at Hokianga Waiwhatawhata. On my Mums side from Ngti Mana. Our hymn.

HMENE Whakaria mai t rpeka ki au, taho mai ra roto i te p. Hei kona au, titiro atu ai, ora, mate hei au koe noho ai. Amine KARAKIA RM

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Kia noi ttou, kei te noi te matua, te tamaiti, Te Wairua Tapu, Amine. Haere mai te wairua tapu, whakangia ki roto i o mtou ngkau, te kporo o tou aroha me tou maramatanga, k tonu mtou te mahi, ng mahi tika, me te whakakororia ai tou ingoa i runga i te mata o te whenua, a ka noho tahi ai mtou ki a koe, a te r whakamutunga, ma t mtou Ariki, ma Ihu Karaiti, Amine. Kia ngwari mai e te Atua Kaharawa, kia whakakahoretia o ttou hara, a kia arahi m ttou ki te oranga tonutanga, Amine. E Te Ariki, tohungia r mtou, e Ihu Karaiti, tohungia r mtou, e Te Ariki Tohungia r mtou, e t mtou matua i te rangi, kia whakatapu to ingoa, kia tae mai tou rangatiratanga, kia whakaritea tou i te whenua, kia pr an i t te rangi, hmai ki a mtou aianei he taro m mtou m tnei r, whakakhoretia o mtou hara, me o mtou e whakakore nei ng hara o te hunga hara ana ki a mtou, aua mtou e tupua ake e whakawaia, engari, whakaorangia mtou i te kino, n hoki te rangatiratanga, te kaha me te kororia, ake, ake, ake, Amine. I muri ake i ana ko te kereti, kei hea koe Te Ariki e whakapaingia ana e koe i roto i ng whine, a e whakapaingia ana hoki a hhu te huatau kpu, e ha ta muri he, te matua wahine, oti atu e noi ko ng mtou mutunga ara aianei, a te hora o t mtou matenga rawa, Amine. E te Ariki, whakawhetai, whakamoemiti ana mtou ki a koe, m ana manaakitanga katoa i te r kua pahure, tikina mtou i tnei r, tirohia mtou i runga i te huarahi, tae noa ki ng kinga katoa, tnei te noi, m rtou e takoto mai nei i runga o mtou marae, he noi tnei m ta ttou whnau, ng tamariki mokopuna hoki, e Te Ariki, tnei te noi, m te hunga e okioki i runga i a koe, hmai he okiokinga m te tinana, hei whakatanga manawa, ma t mtou Ariki mai e Ihu Karaiti, Amine. E hiahia ana ahau, whakamutunga o taku mahi m tnei wiki, kua tikina ta ttou tonga, ta ttou whakaahua, e hiahia ana ahau i te whakatapua ng whakaahua, ng tonga, ki te mutunga o taku mahi. E Te Ariki whakatapu nei tonga, i runga i te Matua, te Tamaiti, te wairua tapu, me ng whakaahua katoa i runga i te Matua, te Tamaiti, te Wairua Tapu, Amine. E h to Mikaere, ka hiri whakat r ko m mtou te r o te pakanga, e paripari hoki ki ng kino me ng whakawaenga a te rewera, whakaiti ana mtou i o mtou ki mua o Te Atua, me te noi ki a ia, mn te rewera e

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Wai 1040, #4.1.2 riri iho, i te rangatira o ng ope o te rangi, turakina e koe i runga i t te Atua, ka hh te meke te iwiri, me ng wairua kino katoa, e kpikopiko nei i te ao, ki te khuru o ng wairua o ng tngata, Amine. Ta ttou himene whakamutunga, M Maria. 5 Trans May you come the Holy Spirit amongst, into our hearts so that we may do our works right and give glory unto your name, O Lord and my our Lord bless us, our Lord see kindly upon us and may he guide us to everlasting life. O Lord, deliver us, O the Christ deliver us. Our Father in heaven, hallowed be thy name, thy Kingdom Come, thy will be done on earth as it is in heaven. Give us this day our daily bread, forgive our sins as we forgive those who trespass against us. Deliver us not into evil but deliver us from temptation, for thine is the Kingdom, the Power and the Glory, forever and ever. O glory to the Father, Son and the Holy Spirit. It was in the beginning so shall it be now and so shall it be in the end, forever and ever, mine. O Holy Mother Mary you are the woman of all women and the fruit of your womb, O Mary Virgin Mother of all, you know the hour of our passing, mine. O Lord bless and honour us before you for thy blessings upon us. Care for us and bless as we go on the paths to our homes and we offer up these prayers to you for them who are poorly and who are on our marae and for the families and for the children. O Lord these are the entreaties up to you for those who are resting and in peace. Offer them rest for the body and rest for the mind, in the name of Jesus Christ, Amen. I wont be long, I wont be long. I just want to conclude my work that our taonga are cared for and I want to bless the taonga and then I will concude my work. In the name of the Father, Son and the Holy Spirit, may you bless these treasures and you parry of the works of the devil and we pray to him to suppress the works of the devil, mine. HIMENE ?? M Maria aianei o ttou waiata, kia kaha r ttou, kia nui te aroha. Aroha ki te Atua, aroha ki a Maria, i te rangi, i te whenua, ake tonu, Amine.

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KARAKIA 35 RM I o mtou ki a koe e te pae tapu o Te Atua, hei piringa m mtou, aua whakakino mai ki a mtou e noi i o mtou mate, engari, whakaorangia o mtou, i ng mea e whakamataku katoa, e te takakau i whakakororiatia, , e whakapaingia, Amine. Kia whakapaingia ttou i Te Atua Kaharawa, kei te ingoa o Te Matua, Te Tamaiti, Te Wairua Tapu, Amine. Kia ora mai an ttou. Trans O Lord we offer up our prayers to you, Holy Mother Mary, listen to our entreaties but deliver us from all those evil things. May the Lord bless us

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Wai 1040, #4.1.2 and keep us, in the name of the Father, the Son and the Holy Spirit, mine. Afternoon Adjournment

WEEK 2 DAY 5 SESSION 3 [4.02 PM] FINISHES

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