.. DUPLICATE WAI ~\5 -#A5:

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1 .. DUPLICATE WAI ~\5 -#A5:. THE ISSUES CONCERNING THE USE, CONTROL AND MANAGEMENT OF TAURANGA HARBOUR AND ITS ESTUARIES A Combined Report by Anthony Fisher Keni Piahana Te Awanuiarangi Black Rahera Ohia A Report Commissioned in September 1996 by the Waitangi Tribunalfor the Tauranga Claim (Wai 215) 16 March 1997

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5 3 a Acknowledgements The authors would like to express our appreciation to all those people who have contributed to the compilation of this Report. In particular, we would like to express our appreciation for the support of: the iwi, hapu and whanau of Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga who consented to our being the authors; and the interviewees, who were prepared to share their knowledge and experiences with us. We would also like to thank John Yuill for his editing assistance and general support. Finally, we would like to pay tribute to our tupuna whose foresight still guides us, and whose courage continues to give us strength. b The Authors This report has been researched and written by Anthony Fisher (Ngai Te Rangi), Keni Piahana (Ngati Ranginui), and Te Awanuiarangi Black and Rahera Ohia (both Ngati Pukenga). Anthony, Keni and Rahera are all self employed Policy and Management Consultants and experienced policy analysts and policy advisers, while Te Awanuiarangi is a teacher at Tauranga Boys' College. Anthony Fisher has a Bachelor of Business Studies and Diploma in Business Management from Massey "University. Keni Piahana has a Bachelor of Arts in Political Science and Philosophy from the University of ~ Otago. Te Awanuiarangi Black is a well-known orator and tribal historian for Ngati Pukeng<\> while Rahera Ohia has a Bachelor of Social Work from Massey University.. All four live in Tauranga and are actively involved with their respective iwi and hapu. c The Statement of Claim The object of this report is to identify the issues concerning the use, control, and management of Tauranga Harbour and its estuaries by Ngai Te Rangi, Ngati Ranginui, and Ngati Pukenga i. The issues surrounding the use, control, and management of the Harbour have been referred to by several claims. Ngai Te Rangi, Ngati Ranginui, and Ngati Pukenga claim, under Wai 47 2, "to be prejudicially affected... by... the failure of the Crown contrary to Article II of the Treaty to protect the claimant iwi and hapu in the use, control and management of the Tauranga Harbour and in the use, control and management of their shell and other fisheries within the Tauranga Harbour.". Furthermore "The Tribunal is asked to recommend as follows: J Refer to Directions Commissioning Research, Appendix J 2 A claim by William Ohia lodged in J 990

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7 4 (a) (c) (f) (g) Compensation by... the payment of monies sufficient for the iwi of Ngati Pukenga and the iwi and hapu ofngaiterangi and Ngati Ranginui to restore their mana and rebuild their tribal economy. Proper legislative measures to ensure that the claimant iwi and hapu regain a say in the use, control and management of the Tauranga Harbour and regain and maintain the use, control and management of their shell and other fisheries within the Tauranga harbour. The restoration of the right to to take matapuna kai. Such further or other relief as the Tribunal considers appropriate." Wai 540, lodged by Kihi Ngatai, Chairman of Te Runanga 0 Ngai Te Rangi claims that Ngai Te Rangi "were wrongfully dispossessed of their traditional lands and in particular... Tauranga Harbour Bed.". Chris Tangitu of Tutereinga submitted a claim on behalf ofn gati Ranginui under Wai 215. Peri Kohu of Ngai Tamarawaho is a claimant in respect of the construction and maintenance of Route P under Wai 86 and its effect on the Waikareao Estuary. Pirirakau, under W AI 356, express concern about the transfer, to Local Authorities and The Harbour Board, of powers and functions which were once theirs in respect to the use, management and control of their rohe moana.

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9 5 PART I

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11 6...1{O "ljczlzle7l0 7c "ljczlzlvrlje7l...1fo 7 czizi~ e7lvrije7l 7c "ljo~vr ~...1{O vrqe7lv 7 ~ e7lvrijj;...eo vrije7l7 '"' ~~,-,,",vrzl~...eo vrqe7l7,", Pu..tCvYIJe7l vrije7l VW'"' 1 INTRODUCTION This report is an account of the traditional and customary relationship, use and management of the Tauranga Harbour, estuaries and environs 3 by Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga as affirmed by oral transcripts of interviews conducted with representatives of each ofthe three iwi. The Harbour is a taonga and, like the landscape marker of Mauao, anchors the identity and the social and cultural well-being of all three iwi. The report also sets out the parameters which encompass the traditional and customary relationship of all three iwi with the Harbour, and defmes, from the perspectives of the three iwi, the impact successive..., governments have had on the relationship of iwi and hapu with the Harbour....:. \ )' The hapu and iwi views in the interview sample, reflect the constancy of the underlying trerid of alienation from their relationship with the Harbour. The process of post-treaty alienation has been characterised by the Crown and its agents' employing a demand-led approach to development. This has entailed responding, primarily, to the demands of the Pakeha settlers and their descendants, to the detriment of the iwi and hapu of the area. The report concludes that the single most significant breach of the Treaty of Waitangi (in respect of the Harbour) is the violation of the traditional and customary rights of Ngai Te Rangi, Ngati Ranginui, Ngati Pukenga and their hapu. The consequences, for iwi and hapu, have been: their alienation from the tikanga and kawa which apply to the Harbour; their systematic exclusion from the control and management of the Harbour; the modification of the Harbour and riparian margins as a result of accelerated urban growth and development; the depletion of the natural and traditional inner Harbour fisheries; and 3when using the terms taonga or Tauranga Harbour or the Harbour in this report, each is interpreted to refer to the Harbour, the estuaries and their environs.

12 7 the degradation of the environment whereby the state of the Harbour itself and the quality of the mataitai. have been compromised.. ) The preparation of the report has enabled each iwi to articulate its distinctive and unique relationship with the Harbour, its estuaries and environs,. and is based on oral accounts, experiences and observations representative of the type and nature of their claim to the Tauranga Harbour. Over time, whanau, hapu and iwi have observed physical changes to the Harbour environment and the fisheries, changes which, in their view, undermined the integrity of their traditional and customary relationship with the Harbour, on the one hand, and the uses and practices associated with that relationship on the other. 1.1 THE APPROACH TO THE REPORT Although the Repmt is based on the content of the oral transcripts, the text of the Report only includes excerpts from transcripts. Those transcripts, and the excerpts from them, have been selected because they are particularly illustrative. Furthermore, material has been selected from other sources, such as documented histories, private maunscripts and other Tribunal reports, to support the comments and/or claims being made by iwi interviewees. The chronology of events outlined in Part III (Post Treaty Alienation) does not cover every event affecting the Harbour. Rather, it illustrates the rate and kind of development which have affected the relationship between the iwi and the Harbour ~ 2 EXECUTIVE SUMMARY - The Tauranga Harbour is an extensive estuarine and deep water harbour in the Western Bay of Plenty which is bounded on its landward side by aproximately 280 kilometers of shoreline extending from Mauao at the eastern end, around to Bowentown at the western end. With the exception of a narrow entrance at each end, the Harbour is fully enclosed and is protected from the open ocean by Matakana Island which runs parallel to the shoreline from Mauao to Bowentown. Although Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga exist as separate economic, political and social entities, they are bound together through whakapapa, proximity to and intermarriage with each other, a common relationship with the Harbour and the effects of the alienation of their resources by the Crown and its agents. The Harbour is, as it has always been, an integral part of the spiritual, cultural and social well-being of all the iwi, hapu and whanau of the Tauranga District. At the time of the Treaty, the three iwi had specific and established relationships with the Harbour. The traditional and customary relationship the three iwi have with the Harbour, stems from:

13 8 their whakapapa links with Te Whanau 0 Ranginui raua ko Papatuanuku;' the role of tangata kaitiaki which is derived from that whakapapa; and using the Harbour as a Kete Kai and Moana Hoehoe Waka. Subsequent to the signing of the Treaty of Waitangi, the Crown and its agents implemented planning strategies, policy development processes and decision-making protocols which have had a devastating impact on Ngai Te Rangi, Ngati Ranginui, and Ngati Pukenga. Respondents generally felt that their interests in the use, management and control of the Harbour, had been marginalised. Tangata Whenua were not recognised and acknowledged as a stakeholder in the investigation and planning for development of the Tauranga Harbour. The requirement for information was mainly to meet institutional needs, rather than an enactment of an established protocol or accord that would promote discourse and negotiation on issues related to the development of the Harbour. A Eurocentric approach used procedure to access formal-regulatory input, rather than establish a relationship based on mutual status as Treaty partners. There was no direct accountability by word or actions, to tangata whenua, who felt that consultations were more for the gathering of information to rebut the tangata whenua position on given development issues. Information would only reflect the perceived needs of Tangata Whenua in respect of their customary and traditional relationship with the Harbour, because of the lack of direct involvement in managing developmental issues related to the Harbour.. Failure to establish transparent consultation and liaison practices, meant tangata whenua were forced to rely on informal advocacy by individuals. 4 Some individuals were able to establish good rapport and positive working relationships with members of other influential and key public organisations, to pro,mote or reflect Tangata Whenua interests and concerns. Communication lags, forced tangata whenua to act in reaction to port development issues as they emerged, particularly in respect of the Traditional and Customary fishing sites, and sites of significance considered heritage. They were forced into a modis operandi of; collating information, assessing potential or actual effects, presenting issues at appropriate forum, preparing or drafting legal papers, assessing cost implications of activities associated to the project at hand, identifying and activating political alliances to advocate the issues all at the same time. Whanau and hapu of the district often only knew of planned developments, as site work began, ie after planning and implementation was complete and construction begun. Their experience of the process was that there was little regard for things Maori. The end result is the systematic destruction of the relationship because there have been extensive changes to the natural, spiritual and cultural character of the Harbour. These are changes which, in the minds of the iwi, hapu and whanau of the area, reflect the extent to which their values, belief~ and status, as tangata whenua, have been undermined, because : the Harbour's status as Te Marae 0 Tangaroa has been ignored; -I Leaders ofthecurrent generation included names like Turi Te Kani, Vic Smith, Ike Tangitu and Wiremu Ohia, were

14 9 the kaitiakitanga role assumed by Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga, has been marginalised;. the values, beliefs and position of the iwi, hapu and whanau have been violated; urban and industrial growth and development strategies have encroached on the Harbour and its foreshore; and the development of bridges and causeways across estuaries, and the construction of the Port of Tauranga have occurred in spite of the disgruntlement and frustration the iwi, hapu and whanau feel about the way they and their taonga have been treated. The Harbour resources were once governed by traditional and customary lore which included adherence to tikanga and kawa laid down for maintaining the spiritual and cultural nature of Te Marae 0 Tangaroa.. However, the development trend, on and around the Harbour, reflects the priorities of Pakeha settlers rather than tangata whenua. Consequently, there is an observable decline in the cultural knowledge and skill which is used by the local iwi, hapu and whanau, and which pertains to the Harbour. The pattern of behaviour exhibited by the Crown and its agents, was evident in the imperatives which drove land confiscations, Pakeha settlement, urban and industrial development, and the use, management, and control of Tauranga's Harbour and estuaries. It is also apparent in their demand-driven approach to the growth and development of the Tauranga District - an approach which ensures iwi and hapu are still excluded from having access to, and enjoyment of, their traditional and customary resources. Article 1 of the Treaty of Waitangi has been breached because the Crown and its agents, in exercising their kawanatanga, failed to recognise, acknowledge and give expression to: _ '\ the Harbour as part of Te Marae 0 Tangaroa and, therefore, as a taonga for Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga; the relationship between the iwi, hapu and whanau of the District and Te Marae 0 Tangaroa being pivotal to their spiritual, cultural, social, political and economic well-being; and the Harbour enhancing the mana, pride and traditions of each iwi, hapu and whanau which belongs to the area. Article 2 of the Treaty was breached because the Crown and its agents employed strategies which precluded the exercise, by Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga, of their tino rangatiratanga over their taonga. The Crown and its agents: disenfranchised tangata whenua in exercising their kaitiakitanga over Te Marae 0 Tangaroa; excluded tangata whenua from enjoying and protecting their traditional and customary fisheries and harvest sites; marginalised the values and beliefs of tangata whenua; and employed an ad hoc approach to seeking the opinions of the iwi, hapu and whanau of the area. Article 3 of the Treaty has been breached because the Crown:

15 10.~ ~ ~ facilitated the re-definition of tangata whenua to the level of an interest group; absorbed tangata whenua into a mainstream Pakeha approach to public policy development and decisionmaking; maintained its strategy of ignoring the advocacy of tangata whenua as they sought to protect their spiritual, cultural and social well-being; affirmed that the majority interest of Pakeha would prevail; and failed to ensure that their fiduciary duties, in respect of tangata whenua, were fulfilled. 3 THE INTERCONNECTEDNESS OF NGAI TE RANGI, NGATI RANGINUI AND NGATI PUKENGA The relationship between Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga in the Tauranga District is based on four main elements: a connection through whakapapa; ~. living in close proximity to, and intermarriage with each other; enjoying a common relationship with the Harbour; and the effects of the pattern and process of alienation, resulting, in the case of the Harbour, from the failure of the Crown to protect the traditional and customary relationship with the taonga and the traditional fisheries. At the same time, Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga exist as separate economic, political and social entities whose perspectives on their particular interests and issues have been sought separately. They each express the importance of maintaining their pride, identity, cultural knowledge and skills as they strive to exercise their stewardship in diverse ways. All of these form the basis of this report. 3.1 Whakapapa as a Binding Force There are two main features which bind Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga together in whakapapa. The first relates to the culturally founded belief that Maori are the descendants of the Atua who were the first kaitiaki of the different domains of the natural world. The second is that, although descended from different waka (Ngati Ranginui from Takitimu, and Ngai Te Rangi and Ngati Pukenga from Mataatua), the three iwi acknowledge that intermarriage has bound them together The Relationship Between Atua and Iwi

16 11 At a deep cultural and spiritual level, the customary belief is that iwi are descended from Te Whanau a Ranginui raua ko Papatuanuku, and iwi must assume there are obligations which follow from claiming Sl' a whakapapa. It forms the fundamental foundation for establishing the c.ustomary relationship Ngai 'Ie Rangi, Ngati Ranginui and Ngati Pukenga have with the Harbour, as one of the domains (taonga) over which kaitiakitanga is necessarily exercised by the three iwi on behalf of Te Whanau a Ranginui raua ko Papatuanuku. The following two whakapapa excerpts illustrate how the iwi of the Tauranga District are descended from Te Whanau 0 Ranginui raua ko Papatuanuku.

17 12 Whakapapa Excerpt #1 Ranginui = Papatuanuku 5 -, /' KoTane Ko Tane-tuturi Ko Tane-pepeke Ko Tane-ue-ha Ko Tane-ue-tika Ko Tane-takoto Ko Ioio-whenua Ko Te Ao-matinitini Ko Tangaroa-i-te-rupe-tu Ko Maui-tikitiki-oTaranga Ko Te Papa-titi-rau-maewa Ko Tiwakawaka Ko Tara-nui Ko Tara-roa Ko Ngai-nui Ko Ngai-roa Ko Ngai-ware-kiki Ko Ngai-ware-kaka Ko Ngai-roki Ko Ngai-raka Ko Ngai-peha Ko Ngai-taketake Ko Ngai-te-huru-manu Ko Toi-te-huatahi 6 5 Nga Taonga Tuku Iho a Ngati Awa, Ko Nga Tuhituhi a Hamiora Pio, Te Teko ( ), Hirini Moko Mead (Editor), 1981, Department of Maori Studies, Victoria University of Wellington, New Zealand (j Toi Te Huatahi is the common ancestor of the three iwi

18 13 Whakapapa Excerpt #2 Ranginui = b. 7- Ii. apatuanuku: Ko 'fumatauenga Ko Rongo (2) KoTane (2) Ko Tangaroa (2) Ko Rongomai Ko Kahukura Ko Tiki KoUru Ko Ngangana Ko Iorangi Ko Waiorangi KoTahu KoMoko Ko Wakehou Ko Tiki Ko Toi Te Huatahi 8...;. Tumatauenga opposed his siblings' plan to separate Ranginui and Papatuanuku. Inspite of lumataueng<.t,/ objections, the siblings proceeded with their plan. Tumatauenga, in response, attacked his siblings and asserted his mana over them. In the case of Tangaroa, Tumatauenga's reconciliation of the rift in their relationship, is the model for stewardship which must be carried by Tangata Kaitiaki. One of the manifestations of the stewardship exercised by the iwi and hapu of the Tauranga area is reference to Kaitiaki who act as guardians of the domain of Tangaroa and the people who are his kin. A number of people referred to Kaitiaki in their interviews. Hauata Palmer 9 described the phenomenon in the following way: "... our people practically lived on the Moana, but we have no record of any native of Matakana or Rangiwaea being drowned in (the) channels. There was a drowning at Rangiwaea, but that wasn't a local. We were told that one of our Kaitiaki is a shark and... he's called Tuwhiwhia. So I don't know if there's a link between our people not drowning and that Kaitiaki. A lot of people believe (there is a link)." Pat Te Wheoro 10 talked about the Kaitiaki which is thought to exist in the Wairoa River: "... There is or has been... a taniwha by the Wairoa Bridge, up by the canoe place. There is the taniwha's hole there." He went on to recount an incident which occurred some years ago: "... the kids were swimming 7 Private Manuscript 8 Refer to footnote 3 9 Palmer, transcript, A9, parentheses added 10 Te Wheoro, transcript, C 13, parentheses added

19 14 across the river there, (they were with) the teacher. They would swim across to the other side and swim back. One of them (went) missing." Hati Kururangi,11 reiterated the role of the Kuia (rock) as Kaitiaki. She looks after the outer harbour and outlying islands: " (But we have our) Kaitiaki for diving. Ka puta mai te toroa, we would have to come out of the water. Same if we were on the mussel beds. I won't say which one, the stingray was the guardian of the mussel beds. They didn't tell us it was for kina as well, if (we went) diving for kina and (saw) one, then we would just carry on diving. But if (we) were diving for mussels, you were told to get out of the water. The other thing in the Harbour, a gurnard-like fish, a red fish with a big horrible looking mouth, like a hapuka. If you were fishing and (caught) a couple of those, then it would be time to move from that place... (we would) get away from that ground, probably a big shark around. I have never seen the shark, I've just taken it for granted and caught one or two of those (gurnard-like fish), I wasn't hanging around to see it." Amore comprehensive approach is canvassed pages , reflecting the active a varied manifestations of guardianship at a whanau and hapu level. Similarly the unique relationship with particular physical markers or natural features of the district act a nmemonic to oral traditions and lore. The significance of these associations are also canvassed in a comprehensive way on pages The coverage profiles the interrelatedness of association between natural features, archaeological and cultural elements in assessing the nature and the extent of the relationship between the people the land and the sea The Relationship Between Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga... ; Although Ngati Ranginui is descended from Takitimu, and Ngai Te Rangi and Ngati tukenga from Mataatua, there are points at which the three have become closely linked through whakapapa 2. These links are strong binding forces, but are not used to detract from the attitudes, views~ aspirations and, ultimately, the tino rangatiratanga, that each iwi enjoys independently of the others. The presence of Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga around the Tauranga District, and their tendency to regard the Harbour as one ofthe significant focal points of their identity, are both reflected in Tu Mokemoke. This patere refers to the various points on and around the Tauranga Harbour and links to the tupuna and hapu with various locations. Tu mokemoke ana au i runga Mauao Ka hoki mahara kia ratou ma Ko enei ra nga nohonga tupuna o Ngai Te Rangi, 0 Ngati Ranginui Timata ra taku haere i Otawhiwhi Kei reira ra tu mai koe Tamaoho Hoki whakaroto au ki Katikati Rereatukahia ko Tamawhariua 1/ Kururangi, transcript, C 16 f] each iwi has been given the opportunity to expand on their whakapapa in their iwi-specific reports.

20 Daere tika tonu au ki te Pirirakau Kei Omokoroa ko Tawhitinui Kei Te Puna ko Paparoa, ko Tutereinga Ko Poututerangi Heke tonu atu au ki tatahi Tiro whakawaho au ki Motuhoa Tiro whakamuri au ki Rarapua Kupapa atu au ki raro Oikemoke Piki tonu atu au ki Pukewhanake Whakawhiti atu au te awa Wairoa Ko Ngati Kahu, ko Ngati Pango Peke atu au ki Peterehema Kei reira ra ko Ngati Hangarau Kei Otumoetai kua ngaro ratou Hoki whakaroto atu ano taku haere Ngai Tamarawaho kei Huria Rere tika tonu au ki Hairini Tu mai koe ko Ranginui Ko Ngai Te Ahi, ko Ngati He Tiro muri whenua ki Waimapu Tiro runga maunga ki Taumata Rere tika tonu au ki Maungatapu Rauna atu taku haere ki roto Waitao Ko Tahuwhakatiki, ko Te Whetu Tu mai koe Ngati Pukenga Kei Maungatawa, ko Tamapahore Nga papaka enei 0 Rangataua Rere tika tonu atu taku haere Ki Hungahungatoroaki Whareroa Te lwi kaunei ko Tukairangi Peke atu au ki Waikari Kei reira ko Tapukino Kau atu te Moana ki Matakana Ko Te Rangihouhiri Kei Opureora ko koe ra Ko Tuwhiwhia Rei Te Kutaroa ko Tauaiti Kei Rangiwaea 'Fe Hakac a Te Tupere Kei Opounui Romainohorangi Moe mai ra koro Tupaea I raro i te marumaru 0 Te Maunga Tiro whakawaho ki aku moutere Ki Motiti, ki Tuhua tu mai koutou 15

21 16 Ngai Tauwhao Hoki, pild ano ki runga Mauao Hei Whakamutunga mo enei haerenga I roto Te Moana 0 Tauranga E tau nei e, Hi! { \

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23 ", 1, 'Matapihi (old I(ainga). H ANG'ATAiJA Mataniho otumoko Po and Urupa.' Oputea. (,"OmahU >< Te71oroa.-,; MAP #2.;...2t:i Z'!! 'Morae S c::: ~ ~ ~O ><. Battle Sites, I- t:i ;;:::;::; Middens and Terrace C'n () :.'.:.:.' of old Kainga 8" 0 - Main Roads " j ~ o (Ohotupaihi) Ohotutaihi Te Rualdrikiri Pukepoto ", " TAMAPAHOR MARAE,. "-, ~, "''I Taruawahinl2 Whakanek ;,- Maungotopu Po. {Te Po ote Arikl) MAUNGATAPU M~A:A './ / ~ ~:~~:.,I ~_,./?':"-"--m-' T M' mre Po.' / 1 \ 'c.-.-:.:.:.::"... Te Tahu /~ G p.. \.. :~~~:::::::::~~:. opupu ",. "/ / / :ff Kokohoroa Th Auwe Pa i. \'\ \,0':1 ) it.\co{f\e t ViB ~G ATe Toto' - ~ J>. \,. J>. '\ J>.. \) 1>-, -:.;-;.~.;.;:-..-r:[ MARAE -~... N ~=C"'"~ / r.

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25 Moteatea Moteatea are essential tools used for maintaining the mana of iwi, hapu, whanau and individuals. They reflect the spiritual and cultural integrity of a people/persons, and reinforce the wairua which drive a person's identity. They are an oral record of people's values and beliefs as well as their interpretations of history. A classic waiata used widely throughout the Tauranga District by Ngai Te Rangi and Ngati Pukenga is Tamarangi, a waiata composed by Haerehuka: He rawa te hara I whiua ai Tamarangi Ki te mate ra. Ko te kaoreore ko Te Rauotehuia He hinu paranga horomirimiri ki te kiri e. Hoatu rawa nei taku matakahi Ka wahi ki te angaanga 0 Tamapahore Nohea e ngawha e. E hara I te tangata he aua rere kaharunga No te rakau 0 te kupenga 0 Tutanekai Ka hoka I te rangi e. E Hine a Rangi hikoia mai ra ta taua manu \ Ka motu I te ringa e. -j Mei ahu ki uta ra e kau I te wai nga matarae I waho Opounui E aua atu ana Nga Matakerewhana I raro 0 Matakana e. Ma to tuahine e taki te ara nga roro wharenui Te Umu ki Maketu e Tangi te powhiri a to tupuna N aumai e, e pa e. Tamarangi is one of a trilogy of waiata composed by Haerehuka of Ngati Whakaue. Tamarangi, Haerehuka's son, was killed at Tokitoki Pa. He was an aspiring chief - "he aua rere kaharunga..." refers to his chiefly status. His mortal remains were cremated upon Mangatawa, lest his tribal enemies desecrated his remams. A waiata which is used extensively by the hapu ofngati Ranginui, and which reflects the feeling their people have for the Harbour, is Temuriahiahi: Te Muriahiahi takato i te moenga Whakarongo te tangata ki te kii Mauria he poriro peha ano na wai I ai koe

26 19 Ko ake rawa nei mei tika I te apaki a hine Iri mai mahia titi ai a puta Mai ai koe hoa ake rawa nei i te ngakau e Whakahoki ka wha nui peka tau e Raki ki waho whirinaki kauaau ana nga roroho Whare iti raro te whakamore te whaka Maraia taua e hine E whuiua reretia te patu oho Au tini whakarewa i te whare ke e i oho Papa he taonga kahamotu i te rau e Pae hei whakatau atu i te nohonga I a raro mara e oma ki waho ra ko te uruhu Mahora kia whakaae koe te makoe o taniwha nga tai tangi mai i waho I oho Toe me whakawaiu koe kaha moe mai tua ra e hine Tu au te haerenga mai nga ngaha Paruparu ti tua 0 Waipapa whakatakataha Whakatu a tena ana nga wa e iho Tuakana kei whiua ki raro e oma ra i nga pukehe Tuiho i runga a tahurangai I whakaha Mau koe nga mahe wai I tua oho Paparahi mai putuputu e kukuhu mehe Ki te whare kai heangia koe ko Ngati Tawhiki he taukaka tangata e nga roho I a taua e hine Kat nei te waiata a to tatou tupuna a Te Mono Tahuna, aroha ki tana kotiro I whanau I poriro. Ka tuhingta tenei waiata aroha nei mo totaou ana no Ngati Ranginui. Koi net te tupuna ana hoki to noho I te taha moana, a ta fatou tahataha Moana.

27 20. ~ r. PART II

28 21 4 THE RELATIONSHIP WITH THE HARBOUR - THE COLLECTIVE VIEW The relationship all three iwi have with the Harbour is based on their separate and collective experience. All three share attitudes to and feelings about the Harbour in common. In pre-contact times, the cultural obligations associated with their kaitiakitanga over the Harbour as a whole, and over particular fishing grounds and shellfish beds, were consistent with their status as tangata whenua. The role required of them a cultural and spiritual reverence to ensure that the integrity and well-being of whanau, hapu and iwi, was maintained. 4.1 The Customary Relationship Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga Have Collectively with Tauranga Harbour. Tauranga was an area in which turbulence and conflict were frequent occurrences as different groups fought for supremacy. In particular, the area's coastal character, climate, natural and physical environment, and access to alternative inland food sources were sound reasons for wanting to maintain a presence in the district. In pre-contact times, different tribal groups sought to establish themselves as an authoritative presence. I4 In the post-contact period, the Colonial Government sought to establish its dominance over the Tauranga District and engaged in battles with local Maori. I5 At this time, Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga all had an established presence in the Tauranga District. By the time offirst contact with Pakeha, specific and long-standing patterns of access to, and occupation and use of the Harbour and its estuaries already existed for the iwi, hapu and whanau who lived around it. The iwi and hapu around Tauranga Harbour were not exclusive in their attitudes and approaches to the resources of the Harbour. They were, however, able to assert their mana and rangatiratanga, by specifying the fishing grounds or beds to which other hapu could gain access. Inland tribes processed and preserved their harvest from the Harbour at pre-determined campsites and within specified corridors, a strategy which avoided competition for resources or depletion of food stocks. The prerogative of access and harvest was always retained by tangata whenua. Whanaungatanga relationships ensured wide access for tribes beyond the Tauranga District. Hati Kururangi 16 described the practice thus: "At Hairini, Urumingi (there) is the place down at the bottom where they (other tribes) used to have their waka, and at Po ike, on the river itself, where the pumping station is now, (there) used to be the place (for) the uma waka. Poike and Kaponga (were) the marae. We used to have a place there. I think the whole area around there relied on the sea, the whole area. A further mile inland from the beach, Te Arawa used to come over and stay. They got their kai from the beach and took it back up to where they were staying, at Ngai Te Ahi, or (at Ngati) Ruahine. At the back of U This was a common reason for battles such as those fought at Kokowai, Te Manu Whakahoro, Kaiarero, Tokitoki 15 For example the battles at Te Ranga and Pukehinahina 16 Kururangi, transcript, C 16, parentheses added

29 22 Ruahine, kei reira tonu nga moko. They preserved all their kai there, before they went back, and no one bothered them, and they never bothed the locals, at the.back of Pukemapu, over at Ohauiti. (They were) Ngati (Rangiwewehi). Down this side of the Harbour, we (have) got Te Arawa coming across and down the other side of the Harbour. We have got Tainui coming across, they (came) through Katikati. They had their areas to stay in. Ifthey wandered out of their area, well probably, they were molested. Same as Arawa here, they came and collected, they had their right of way, if they wandered out of their area they were told to go back smartly. So our people happily shared the kai, so long as it didnt disturb the relationships, and interfere with the rules of the sea as well Most people from inland had to adhere to (our) rules of the sea. It worked. It worked for years until the Pakeha came along and imposed their rules and ruined it." He went on to say: " As we grew up, we started to rove further afield, but only areas like Papamoa, we didn't go up to Nga Potiki, or to Te Puna, not unless we were invited, we wouldn't go there by ourselves, we wouldn't fossick, unless one of them were with us... but at Papamoa, we liad our own areas to mahi pipi, even to swim. I remember one of the young (people), he wasnt swimming in the proper area, he drowned, and they put it down to (the fact) that he (had) wandered away from our areas, our own swimming places, mahi places at Papamoa. ~ ~~ './ There would have been discussion at that time about the kaitiakitanga. Yes, but the old people put it down to (his) wandering out of his own area. He got into an undertow, but if he had been in our area,he would have been safe. Outside they never blamed anyone else, or any other kaitiaki or anything like that.~' Thomas Tata,17 when speaking about the movements of Ngati Haua and Ngati Maru into the Tauranga District, also described the accessibility of the HarboUJ;: " On this (western) side (of the Harbour) its Ngati Haua. When you talk about the Moana, you are talking about the Kingitanga, and Te Atairangikaahu and her tupuna, and Waharoa through Ngati Maru I've stayed on Motuhoa a lot, and thats where he (Te Waharoa) stayed when he got sick There is this marae he used to have at the head of Motuhoa. He got sick and died there and they took him... it must have been the same way (as they would have used when they came), through Whakamarama, the Tuehu track. If you go the Whakamarama way, you come out at the Hirere Falls. I don't think they would go that way, I think the access is too steep. I think the better way is through the Tuehu track. -Thomp~ons track." Although separate tribal entities with control over their particular lands, fisheries and estates, Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga each recognised and acknowledged the need to share the resources within their particular rohe with the other iwi and hapu of the District. Thus, when mataitai sites were either closed or, for some reason, restricted, there was a shared understanding that access to other taiapure would not be withheld. 17 Tata, transcript,c25,parentheses added

30 23 The pivotal nature of the relationship between the three iwi and their taonga, and the extent to which they shared the stewardship of the Harbour is reflected in: whakapapa; tikanga and kawa; its use as a kete kai and moana hoehoe waka a nga tupuna. The historical and contemporary reality for Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga is that their lives are inextricably bound to Tauranga Harbour. It is a source of collective identity, spiritual rejuvenation and social and cultural stability as well as a source of mana for each Wbakapapa Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga continue to recognise the role of cultural and spiritual stewardship handed down to them as the kin of Tangaroa. This commitment is framed by a customary, traditional and historical relationship with the Harbour, even though the Crown's actions precluded hapu and iwi from exercising stewardship effectively according to the prescription laid down by Tangaroa himself. Toi Tu Ie Marae 0 Tangaroa Toilu Ie iwi Atua were the first kaitiaki of the domains of the natural world. The customary relationship, demonstrated through the protocols for using the Harbour's resources, has its basis in the relationship and h whanaungatanga obligations between Tumatauenga and Tangaroa. In gaining ascendancy oyer his brotht~, Tangaroa, Tumatauenga used rituals which demonstrated his wish to appease Tangaroa, to co-exist with, rather than to dominate, Tangaroa's domain. These protocols and rituals are the basic model for conserving and enhancing the innate cultural and spiritual qualities of Te Marae 0 Tangaroa for succeeding generations. In this context, although Tauranga Harbour is an integral part of the sacred domain of Tangaroa, its resources can be used to satisfy the practical requirements of sustenance for the people to enhance their well being: Ko Ie moan a ehara rawa I Ie wai kau. No Tangaroa ke lenei marae. He maha ona hua lora ai nga manu 0 Ie rangi 18 Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga, as descendants of Tumatauenga and Tangaroa, have an obligation to continue to observe, and adhere to, the prescription laid down by Tumatuaenga for the enhancement and conservation of Tauranga Harbour as one part of Te Marae 0 Tangaroa. However, this obligation also assumes iwi and hapu continue to have stewardship rights over, and control and management of, the Harbour. 18 Cited in Ngaa Tikanga Tiaki I Te Taiao, Maori Environmental Management in the Bay of Plenty, p20

31 24 Entry into Tangaroa's domain necessitates observance of and adherence to tikanga and kawa, which are the basis for demonstrating respect for Tangaroa and for ensuring continued access to his Marae. Maureen and Hape Pearson l9 could have been speaking for all three iwi when they recalled:,~... it wasn't just the kai moana, but the feelings about the place (the Harbour), because from a very early (age) our grandfather used to say... have respect. Te Hare (Piahana) always used to say... always have respect for the Moana, don't makiri te Moana, or the kai... you must never do that to the Moana or the kai moana. So we... learnt from that to have respect for the kai moana and for the Moana itself. What he said was, if you take care of Tangaroa, Tangaroa will take care of you, he is stronger than you are... He told us, always have karakia before (you) go out at all times, it doesn't matter if the water is calm... you still have a karakia, because that is one way of respecting Tangaroa." The statue of Tangaroa which stands at the entrance to Tauranga Harbour is an important symbol for the iwi, hapu and whanau of the entire Tauranga area, because he serves to remind the people about whose domain the Harbour really is. As Pat Te Wheor0 2o said: " Its very very important that he (Tangaroa) is there. He is guarding those in the Harbour and those going out also... ships going in and out." However, he also mentions the fact that the statue has been neglected and Tangaroa is being insulted of... the tikotiko manu. How would you like to be so dirty." As a reference in whakapapa, Tauranga Harbour (or particular parts of it), has constantly served to aid people in identifying with particular marae, hapu andlor iwi, and particular hapu in the Tauranga District will also sometimes refer to maunga, awa and tahuna, as well as, or instead of, Mauao and Te Moana 0 Tauranga..j Examples of this approach are: Ko Kopukairoa Te Maunga Ko Tauranga Te Moana Ko Mataatua Te Waka Ko Ngai Te Rangi Te Iwi Ko Nga Poliki a Tamapahore Te Hapu Ko Tahuwhakatiki Te Marae or Ko Kopukairoa Te Maunga Ko Rangataua Te Tahuna Ko Mataatua Te Waka Ko Ngati Pukenga Te Iwi Ko Te Whetu 0 Te Rangi Te Marae or 19 Maureen and Hape Pearson, transcript, C22, parentheses added 20 Te Wheoro, transcript, C13, parentheses added

32 Tikanga and Kawa Me kimi, me kimi, te mate 0 taku tupuna, a Tu Te Reinga ki hea Me kimi ra, me kimi ra, ki Kaiarero, Ki Rangiwaea, e ki Matua ai I nga tai pukepuke 0 te Awanui Ka ripo ra te hau ki te waha pu 0 te moana Kia kai atu ana te ika nui 0 te moana he moki, he hapuka, he tanahanaha, he kanae ko te riporipo ko haupito, ko te raina, ko te matakitaki kia makona, ka kai toia te putake ki te whai ao, ki te ao marama, tihei mauri ora The tikanga and kawa associated with Te Marae 0 Tangaroa related to entering the domain of Tangaroa and taking the resources of that domain for sustenance. It also conveyed the extent to which the kaitiakitanga role ofiwi and hapu was to be upheld. When Pakeha settlement accelerated, in the period after 1840, tikanga and kawa associated with Te Marae 0 Tangaroa were ignored by Pakeha settlers. Kaikino Paraire,21 made the observation that, after the signing of the Treaty of Waitangi and during the influx of Pakeha settlers into the District, the relationship between the iwi and hapu of the Tauranga District and the Harbour began to change. While the tikanga and kawa were observed and adhered to by iwi and hapu when taking kai moana, Pakeha settlers would go directly to the beach to gather seafood without seeking the permission of the hapu who were acting as kaitiaki. Avy Gardiner22, when talking about the experiences of Ngati He, attributes the erosion of c0tnm0n culturru)' practices, such as rahui, to the fact that they are observed only by Maori. She further described the extent to which the mana of Tangaroa and Maori has been undermined by the cultural imperialism ofpakeha and their dominance of the values which are determine the appropriateness of the ongoing use, management and control of the Harbour. In Avy's terms, the ecological imbalances which are evident in, for example, the proliferation of mangroves throughout Rangataua, are a consequence of the failure by respective territorial councils and harbour authorities to observe the tikanga of whakatau. Thus, there is a perception that there is a direct link between the failure to observe tikanga on the one hand, and the changes to habitats and customary fisheries on the other. There has been an observable decline in the knowledge and use of culturally derived rituals and practices. Tipi Faulkner,23 referred to tikanga thus: "My uncles always used to pay tributes (in accordance with tikanga and kawa). When you came ashore, there were certain restrictions too. Like not to koha your kai at the seashore. You were not to use any article other than your hands. I have seen people, especially today, who use damned spades. That was never allowed in our days, nor should they be allowed today. All those tikanga tuku iho mai ra ano, that are not so adhered to today. I think the tangata kaitiaki of today should be 21 p' armre, transcnpt,. A4 22 in a personal communication with Te Awanuiarangi Black, February Faulkner, transcript, C1, parentheses added

33 26 laying these things down to visitors who come to gather kai moana, to people who come (from) out of the area, particularly our own, and they should appreciate (the tangata kaitiaki's instructions) as tikanga tuturu." Pat Te Wheoro 24 is convinced that the decline can be attributed to: "... he m~gere te tangata,... because they have now got (kai moana) in the supermarkets,... the pipi and the mussels... they can go and buy (kai moana), so they are losing the skill... " However, there are some rituals and practices which continue to be current. Waiora Nuku 25 in describing some of what she knows about tikanga associated with mahinga mataitai, said: "... As soon as you catch the first fish, you give it away, just like you give the first sack of kina.... away. My Dad told me... never eat your first mataitai, its the same as the eel... He said it was just the custom... because if you give that away,... the next time you go out diving or fishing, you will get a good kai. But if you eat it yourself, he reckons you won't get anymore. 1 said to my Dad, well its good to know." Waiora's grandmother's said it "was a kaitiaki... when she went out to the open sea, she was told not to go out as a bad person, but to be a good person. 1 believe that is what they put that kai out for (at Kuia rock)? Pat Te Wheoro 27 recalls one occasion when he was explaining the significance ofthe Kuia rock to a group of people: "... 1 told them the story of the Kuia rock and they said... 'Where?... its only a rock, no kuia on it.' (I said), 1 tell you what, if you abuse that kuia, you'll catch no fish. I told them the story of a couple that went out in a speedboat and they showed their backside to the Kuia. They didn't make it, they didn't get to... '\ Motiti, but they got their boat and everything back, but they lost all the gear, lunches and e erthing. They..., wanted to know why - after a couple of days, they found out. 1 told them, 'You abused the Kuia"'. Kara Tawa 28 recalled two incidents which occurred "many years ago" and which indicate how important compliance with tikanga is to the local iwi, hapu and _ whanau to be. The first incident recounted by Kara was: "... on a stormy day, one of Costello's boats, I think, used for charters and fishing went out... (the Skipper of the boat) told (the passengers) to throw kai... (to the Kuia) but a lot of them didn't take any notice. He was the only one that lived. I'm talking about the Kuia (rock), they didn't respect the Kuia. Like your garden, you feed it and nurture (it), that's why we look after the Kuia... My father taught me that, before we went out (to the open sea), when you go through that place, you must go through and chuck a bread to the Kuia,... you must give a kai to her... ~... Always do the karakia, (we) must have akarakia before we leave home, before we leave the wharf and before (we) enter the water. Dad always told me that." The second, relates to an occasion when she and others had gone "... to the Mount to ruku for kina, we were all there at one time in December. (These) strangers there saw we had all got a kai, and these strangers came ]./ Te Wheoro, transcript, e13, parentheses added 25 Waiora Nuku, transcript, e21, parentheses added 26 located at the entrance to Tauranga Harbour at the foot of Mauao 27 Te Wheoro, transcript, e13, parentheses added 28 Tawa, transcript, e21, parentheses added

34 27 along. I can remember uncle... Joe Kohu said to them, you can't go into that wai,... the strangers replied with, why, just because you don't want us get your kai moana, and he said, no, I can see that you are r from here, but if you come with us, we can have a karakia with you and it will be alright, they didn't believe us. They laughed, they were in the thirty age group, they went into the water. We had to call an ambulance at the Mount to come and take this joker away. The water just went down, and lifted him up against the rock. He hit his head, we said, we warned you, and said you should come and have a karakia before you enter the water. Its only meant for the people in a certain area. The important thing about that is... still sharing, we will whakanoa you, and you can go and get some kai. (The strangers) disregarded that, that's what happened to one of their divers." Tongakaiwhare Kia and Maemae Kii 9 talked about only ever taking enough to eat, never taking more than you needed to: "You (are) not supposed to get more than... you can (eat)... yeah,... we learned that you... don't. If you want a kit of pipis just take what you want, don't take what you can't eat... A lot of people nowadays, they get that much kai and they throw it away because they can't eat it; and they give it to their neighbours when they ( are) rotten" Pat Te Wheor0 3o supports this, because he related how he accompanied a group of people on a fishing trip, heading towards Tuhua. The boat's Skipper had his sonar screen on, and they came to the spot where a huge amount of fish was detected. This was the spot where the deposits from the dredging in the Harbour were being dumped. The Skipper stopped there and the group began to fish, at abo1,lt 9.30am. _, Pat recalls: "... only after an hour's fishing, I said to the Skipper 'Come on e hoa~ let's go home now, we (have) got enough fish.' But the Pakeha's didn't like it when I said that. They said: '... you're not paying for the trip.' I (asked) 'What (are) you going to do with all that fish when you get home, (will) you throw it away to the pigs? No, that's enough.'... the Skipper said to go..." Pat also described other tikanga: "... some of us kids... we used to get branches and sweep the titiko, we got a growling, because there (were) small ones going in too. My father would ask, 'Na wai I kohikohi titiko. We (would) get a whack... 'Take them back to the tatahi.' (He would get us together), then he would tell us, when you go for titiko, get the big ones only, don't getthe little ones, leave them there to grow. Same with the pipi's, get the big ones, not too many... At the beach, you never shell your kai there." At the same time, Pat talked about teaching his own children about the tikanga associated with mahinga mataitai and told them not to use tools and not to break open shellfish in the water. He also told them not to eat on the beach... I would say to them, 'No, this (Moana), he Ao Tapu, if you want a kai, get well away off the beach or up to the car somewhere and (have a kai)". 29 Kia, transcript, AIO, parentheses added 30 Te Wheoro, transcript, CI3, parentheses added

35 28 Another tikanga which is commonly adhered to by the women of Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga is that which must be invoked during menstruation. Although, according to Kaikino Paraire 31, Pakeha do not abserve the same rules: " Me pera te wahine, mehemea... tana marama mate, kare ratou e... haere ki te mahi kai, kei te tapu a ia, kei te tapu a ia. Naianei,... mehemea e... rere ana te toto 0 te Pakeha, kei te kau tonu, kei te kaukau tonu." Rei Kete kai (For the collective part of the report, only selected parts a/transcripts have been used. A fuller account of the Harbour as a kete kai can be found in the iwi-specific parts of the document.) The abundance of food in the Harbour was such, at one time, that Taiaho, a Ngai Te Rangi Chief from the Ngai Tukairangi hapu, would often proclaim to his guests: "Kaore koe e mate kai ana, anei taku mara kai".32 The kai of a region reflects the mana of the people of that region. The Tauranga Harbour has a particular value as a food source which has the capacity to enhance the mana of the people of the Tauranga area both historically and currently. It symbolises the ability of the iwi and hapu of the Tauranga District to retain their mana by feeding people with the bounty and the delicacies of the area. For Ngati Pukenga, Nga Potiki a Tamapahore and Ngati He (the latter two being hapu ofngai Te Rangi), their particular delicacy is the tiitiko (mud snail)33. Amongst the hapu of Ngai Te Rangi, Ngati Tapu's particular delicacy is thepuupuu (cat's ~ eyesi 4 and Ngati Kuku's is the kuku (mussel) with which their name is associated directll s. Tiitiko,.,j puupuu and kukuroroa are gathered by Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga, an~ are treated by all three as delicacies to be savoured. At the same time, they are sepatately acknowledged as having particular associations with the mana of those hapu or iwi identified above. Tribal cultures are built around their environment, and the Harbour was a bolultiful source of food, including titiko, pupu, kukuroroa, tio, kokoto, kuharu, pipi, tuangi, kuku, kanae, wheke, kahawai, pioke, tamure, aua, araara, haku, inanga, koeaea, tuna, tarakim, patiki. 36 Maureen and Hape Pearson 37 recalled how their mother would go fishing in the Waikareao Estuary".... she used to make her line with a harakeke. This was... when the first rod (and reel)... came out, we used to see one or two of them out here. We used to go and fish by the railway bridge (what is now the Otumoetai Causeway). Mum used to come along with her kete. She to cut the flax that was growing at the railway bridge on the side of the bank. She would cut her harakeke, make her harakeke into a line, cut the piece of wirenetting, take them to the railway bridge, tie her hook on... She used to fish 31 P'. B5 arqlre, transcnpt, 32 Quoted by KiM Ngatai, transcript, Al 33 Personal communication between Rahera Ohia and Te Awanui Black 34 Stockman. transcript. A2. 35 ibid 36 refor to transcripts 37 Pearson, transcript, e22, parenthese added

36 29 from the sandbank there, and get a pipi and put it on her wirenetting hook, throw her line in and haul out the kahawai, put it on the bank, and I used to put it in the kete. She would throw (her line) out again, meanwh those Pakeha on the bridge, zero... (Mum) had a kete full ofkahawai, and (the Pakeha on the bridge) would say to my mum, ' oh lady, would you sell some of your fish'... she said, 'just take it, I can get more'. And this is what they were like in those days, share it out, share it with anyone, whether they are Pakeha or whatever. They shared it with everybody." The Pearsons also recalled: " On the way... to Pillans Point, that's where we used do our floundering. We used to just go into the water and get a flounder with (our) feet. Get it by the gills, rather than grab it by the tailor the body... stick your two fingers in there and whip it out from under your feet.... There (were) lots of flounders, beautiful flounder.... the pupu's we got (them) under the bridge, where the seaweed is, just where all that yachting marina is, that's where the pupu were, over there. On the right hand side of the bridge was the pure white pipi with a very thin shell, sweet as, with our fried bread. Just on the right hand side of the bridge is where our bed was. Behind Peach Island (Motuapae), (at the mataitai site known as Nga Whangai 0 Ngai Tamarawaho) there are tio, oysters, they are still growing there the tio, you find the shells still there today and all the little tuangi's. My grandmother, Ngawai Kaukau, she loved those little tuangi's, I forget what she called them, what she used to do was, when she cooked puha in the hara, they went on top of (that), on top of her puha pot For the herrings, when it was tai kiikii, the herrings would come with that tide. (As) children, rve used to ju.::>,,} jump into the water and (throw) them on the bank... All the children would go down when the herrings (were) running and just get in and gather them and throw them on the bank, just down the bottom there. There was a mud place at the bottom of the hill by the bridge there, where you climb up to Tauranga,... that was full of fish, heaps of fish there, heaps and heaps of fish there. Titiko on that side of the river, over the bridge there, were huge ones, they were very huge, its a very muddy place and they loved the mud. When you stuck a stick into the water there, the fish would just cling to that stick. If you can visualise, that area down there was pristine clear, there was no rubbish in there. You walked on fish, it was just full of fish.... Also at the bridge, that was where we got our eels. The river was full of eels. On a dark night, no moon, we used to go there for that. At Christmas time, my uncle John... he came and picked me up because I was always interested in going with him. He used to take me there to the bridge to hii tuna. They were big tuna. He hung them in the ngaio tree, and they touched the ground.... When they close down the moana from down there all the way up here (East Cape to Coromandel), its really sad because we get hungry for pipi and all of that. We go and sit down at the beach and look toward our pipi patch, knowing we can't get there. And that is what is really sad for us, try and make do without that and wait for the right time when we can go out and get pipi's again."

37 30 Waiora Nuku 38 remembers that: "I was about ten or eleven, (I would come) down here. My father would say to me, 'Me haere koe ki te mahi titiko runga I te hoiho.' I used to come away from my home in Taumata on a white horse, I (would come) down here (WaimapuEstuary) to kohi titiko and all that down here.... When I got a bit older, we started to come back to Waimapu on our horse, not a car, on our horse, we (would) go to Waimapu, we (would) have our tekau rna rua, there and when we finished, I whakahokia ki Taumata. But before we went home, we used to go to Poike to mahi titiko at the point; we (would) get our titiko from there. We used to have our rest by the cemetery before we (would) go home. There was a lot of kai moana at the tekau ma rna, and pigeons, pikopiko, mataitai and tuna... we always (had) titiko at our table and then we (would) have tuna. I used to go eeling, me and my dad and catch some herrings, kahawai. Me and my dad used to go and make some for the tekau ma rna. We would go and do the mahi hii ika at Waimapu, all at Waimapu, herrings and kahawai there. We would go out for tuna at the Waiorahi Stream and get about eighteen. We (would) always pawhara the tuna, some is smoked, some roasted. We used to get kokota a fresh pipi, and iminga. We would rely on kai moana to feed manuhiri and whanau at the time of the tekau ma rna. Later, I moved down to Huria, and used to come into the Waikareao to get kai - pipi, tuangi, pupu... I loved the tuangi, they were small but juicy. The ika was kahawai, butter fish, parore, patiki; eels, herrings, and you could get whitebait, they (had) grown bigger by then, the kokopu. They have got a bigger head, they live in the dirt, they dig down into the ground (mud) down there at the hopua. I remember c~tching those as a kid." Kara Tawa 39 recalls: " So on the way back fr6m mahinga mara, we would come back by the beach and kohi titiko... and take them home. And at other times, without supervision, these young kids (would) get into a group... and go to mahi pipi which was on this side of the piriti tawhito, the railway bridge. The pipi's, in those days, were the white ones. Now you don't see any of that real white pipi anymore... we used to go and kohi pipi there, all the young kids, the young generation from here.... just by watching the nannies go and mahi kai moana, or in their mara kai at home, gave us the experience, so we were smart little kids, we used to go there to get the white pipi, just this side of the railway bridge. It was a small pipi, itwas sweet... Flounders,... They were only the little ones, but smaller ones were the sweetest for the nannies and the mums... There was enough kai there for two or three days, until we went out again to another place. There were different spots for kai in our estuary, the Judea Estuary here (is) where we used to catch kai Then the tuangi, a very special tuangi, about the size of my thumb nail here, a very small but very fat, and they were special ones... because they were harvested only for the mums that 38 Nuku, transcript, e2i, parentheses added 39 Tawa, trascript, e2i, parentheses added

38 31 were pregnant. They were treated like the mummies and the nannies of the hapu, and they were given this very fat, little tuangi to eat.... the thing was that when we went out to harvest, we just got enough for two or three days. By that time, we had dried pipi's to carry (us) over. Kara adds: " It wasn't just us who went out, just about all the whanau's. We came from a whanau of eleven and a lot of our whanau went out to get pipi... " Hone Farrell,4o when describing the abundance of food in the Rangataua Estuary, is clear that: "... te kai 0 tera wa, titiko, he aua, kii katoa ana te... awa nei,... te awa 0 Waitao I te aua I tera wa, nga huhua ika katoa, ara, I te tahuna 0 Rangataua nei, I te tamure, ahakoa he aha te ika, tamure, he araara, he kanae, he aua, patiki nga huhua kai katoa 0 te moana." Hei Moana Hoehoe Waka a Nga Tupuna Te Moana 0 Tauranga, as an accessible transport route, was the equivalent of a highway. There are many accounts of waka using the Harbour as a transport route. In a separate account given by Kihi Ngatai to Anthony Fisher,41 he spoke of a stream that once flowed passed Maungamana and into Rangataua. Tribes from further down the coast, who were travelling to different parts of Tauranga Harbour and to the Waikato, would paddle their waka along this stream, out into Rangataua and then across the Harbour to different points. At the tangihanga of Rawiri Taipari at Maungatapu in 1867, "there were no fewer than 47 canoes and boal"/ from the different settlements of Tauranga on the beach at one time.,,42 " Brian Dickson,43 ofngai Te Rangi, "It's historically recorded that when one of the first (Pakeha) ships came into the Harbour, over 1,000 waka were counted on the beach between Otumpetai and Te Papa. That goes to show you how much the moana was used." Sometimes it was also the most direct route from one land-based point to another. 44 There are many accounts from Ngai Te Rangi and Ngati Pukenga about the tracks which were commonly used around Rangataua. 45 For example, Kihi Ngatai 46 spoke of people being able to walk across from Oruamatua, at Matapihi, to Tahuwhakatiki and other points on the opposite side of Rangataua Bay, using a 40 Farrell, transcript, B2 41 In Tauranga Record, 15 July, > Dickson, transcript, A6 ~~ Personal communication. Rahera Ohia related how her father. Wiremu, had told her his grandfather, Te Ohia, used to carry two cream cans (full of cream) in his hands and carry Wiremu on his shoulders across the estuary from the Maungatapu peninsula, where he farmed, over to Welcome Bay, where the cans were picked up. Rahera also talked about how her fother had leased some land on the point at the end of Ranginul Road. and she used to act as drover guiding the cattle from Ngapeke to Ranginut and vice versa across the estuary. 45 Refer to transcripts 46 Ngatai, transcript, Al

39 32 track across the mudflats which, on the incoming tide would be under water. The journey was apparently quite treacherous as the unwary traveller who strayed off the track could become trapped in mud or quicksand on either side. The locals trained their horses to follow the path, even when it was under water, so they could get across the bay safely. Using routes like this saved much commuting time. In one instance, a local's horse, apparently not yet familiar with the track, stepped off it and became so bogged down in the mud, it was unable to be freed and had to be destroyed. K 'k' P araire. 47 state: d al InO "Mehemea kei Oruamatua koe e noho ana, ka whakawhiti atu koe ki Karikari, mai I Karikari ki Romai. Mehemea ka kite atu I te paoa e puohu mai ana, ara he tangihanga kei reira, ka haere nga koroua, mai I Oruamatua nel" 47 p arazre, ' transcript,. B5

40 33 PART III

41 34 5 POST TREATY ALIENATION This section of the report asserts that the alienation of the iwi and hapu of the Tauranga District from the Harbour was an integral part of a broader, yet pervasive, strategy employed by the Crown to remove Maori from the roles they had customarily assumed over their resources. When the Treaty was signed, the iwi and hapu of Tauranga assumed their relationship with the Harbour, estuaries and environs would be protected. This was based on the expectation that the Treaty of Waitangi would ensure: under Article I, the Treaty partner would, in terms of the obligations attached to the exercise of kawanatanga, maintain the Harbour as a viable source of economic, social, spiritual and cultural strength; under Article II, the tino rangatiratanga, lore and customary rights of the iwi and hapu of the Tauranga District would be upheld; and \/; under Article III, the spiritual, cultural, social and economic wealth of the Tauranga community, as a\whole, would continue to be enhanced by the Harbour; the food stocks available from the Harbour would be accessible for future generations; and threats to the viability of the Harbour would be dealt with by joint action by the Maori and tauiwi communities alike. However, the actual experience of the iwi, hapu,and whanau of the Tauranga area is: much of their land was either confiscated, or compulsorily acquired, by the Crown and/or its agents; the Crown. failed to use a systematic process to account for and respect the values and beliefs of tangata kaitiaki for the area; and the spiritual and cultural integrity of the local Maori people was ignored. The Crown' s action~ 'h~ve. contributed actively to the disquiet and intense frustration, amongst the whanau, hapu and iwi of the area, about being relegated to the status of passive observers of the exploitation and degradation of the Harbour. The frustration is compounded by the failure of Pakeha generally to recognise, acknowledge and uphold the unique relationship the iwi have with the Harbour. The net effect is that the customary and traditional rights of the iwi and hapu of Tauranga to express and exercise stewardship have been either considered irrelevant, or deliberately ignored by the Crown and/or its

42 35 agents. The colonial government's assertion that the iwi and hapu of the area were "defeated rebels",48 h?4. far-reaching consequences for the relationship the iwi and hapu of the area could have with the Crown on t, one hand, and with the Harbour on the other. 5.1 The Foundations for Crown Dominance The actions of successive colonial, provincial and central governments were driven almost exclusively by the values, needs, aspirations and ambitions of the Pakeha settlers. Furthermore, the net effect of government intervention in the affairs of the District has been to subjugate the will of the iwi and hapu of Tauranga to that of the Crown itself and its agents, and to the will of the settlers. The Crown's contribution to, and reasons for, quelling uprisings, confiscating lands and facilitating the, cultural and, ultimately, the spiritual decline of the iwi and hapu of the area, opened up the possibilities for, and the full potential of, Pakeha settlement. It heralded the start of significant growth and development in the area and characterised the pattern of behaviour which would become predictable in the interactions between the Government and Maori of the district. It also signalled the intent and ardour of the Crown in alienating Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga from their customary relationship with their lands. In tum, the alienation of land had a direct effect on the relationship the three groups could enjoy with the Tauranga Harbour. Although the land and the Harbour were (and still are) an integral part of the natural, spiritual, and cultural environment of the Tauranga iwi and hapu, the Government and its agents showed no respect for the traditional and customary values and beliefs which had evolved over generations -. occupation and use. This was reinforced when the resources accessible to the iwi and papu began to diminish and their social and cultural stability encountered undue pressure. The spiritual and cultural fabric of the iwi and hapu of the Tauranga area was, is now, and will continue to be intertwined with the Harbour and its estuaries 49. However, the pattern of accommodating the values, demands and aspirations of governments, of the settlers and, now, their agents and descendants, has created an inequitable, balance of power. Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga effectively lost their stewardship of the Harbour in favour of the particular values and imperatives which drive the Crown, the settlers and th~ir agents Selected Events, as Examples of the Crown's Dominance of the H~rbour - from pre 1838 Chronologically, a series of events occurred which indicated the pattern of behaviour the Crown used with the iwi and hapu of the Tauranga area. Ultimately, it was a pattern which changed, substantively, the relationship between Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga and their taonga, The Tauranga Harbour, both in principle and in practice../8riseborough pp3-4./9 as evidenced in the pepeha, moteatea and korero covered in Part I of the report.

43 36.. Successive governments and other authorities blatantly disregarded the aspirations of the iwi and hapu of Tauranga in terms of their values and beliefs about, and their dependence upon, the resources of the environment around them. This was further extended to the way in which local iwi and hapu were treated in terms of the management and control of the Harbour. There was never any indication that local Maori were seeking to assume exclusive rights either over the land or over the Harbour 5o. Rather, they were seeking to establish a relationship with Government and with the settlers which meant they could all share in the bounties of the land and the Harbour without violating the customary rights of the iwi and hapu of the Tauranga District (1) The Events in Chronological Order Prior to 1838, the Tauranga area was very sparsely populated by Pakeha settlers, and the rights and obligations which the iwi and hapu of the area had, in terms of the Harbour, were actively and explicitly maintained. Effectively, they still exercised economic, political, social and cultural control over the District. This view is supported by the fact that Tauranga was still, in Crown term~ at least, part of the Auckland Province, and there was no governing body, representing the Government, resident in the local district at that time. The Maori population still retained and used their own tribal systems of control? The first indications of Pakeha control being exercised in Tauranga were those of the Church Missionary Society,52 which acquired some 1030 acres ofland s3 on the Te Papa peninsula in October However, it. was clear that the Society's occupation and use was confined to those lands, probably because the Society ~ was still, at this stage, a minority occupant in the District. \ Following the signing of the Treaty of Waitangi, inter-tribal wars continued to be fought, primarily between Ngai Te Rangi and Te Arawa, and were interspersed with t:aids by the people of Hauraki. The conflicts and turbulence of the times meant the Tauranga area was not considered by settlers to be a particularly attractive place to live. There continued to be turbulence in the area, because a Ngai Te Rangi pa at Ongare was raided by Taraia of Thames. Ngai Te Rangi, who had converted to Christianity, requested, in 1842, that Edward Shortland, the Acting Governor, send soldiers from the 80th Regiment to Hopukiore (at Mount Maunganui) to protect the Ngai Te Rangi people from further raids by the Hauraki and Te Arawa tribes. Shortland subsequently agreed to the request.:;. The respective roles of the colonial government, the missionaries and Maori changed after a peace pact was mediated between Ngarre Rangi and Te Arawa in The balance of power between the Government and the missionaries on the one hand, and Maori, on the other, began to reflect the changing roles. The 50,F; rejer to P earson, transcnpt. 5/ Tauranga , p21 51 ibid 53 The legitimacy o/the acquisition was disputed by the previous Maori owners, but to no avail 5./ A History o/mount Maunganui, pi J 55 O'Malley and Ward, p/o

44 37 military and government presence in the area was prominent. The missionaries had begun to assume a mr-, significant role in bringing about an increasing sense of stability to the area, and the control formel.... / exercised by Maori was eroding steadily saw the outbreak of the LandW ars in the Waikato and the passing of the New Zealand Settlements Act. The Act "claimed that taking land from rebellious tribes was not punishment for the past, but a guarantee for the future, a deterrent to rebellion, especially to those tribes considered to be waivering in their loyalty."s6 It was also at this time that the colonial government proclaimed the land around the Bay of Plenty "was not part of the government's grand plan for confiscating land and establishing military settlements. Yet within weeks a large military force was landed at Tauranga.,,57 Furthermore, the Tauranga people were assured, in 1863, that the Govemor "would not go (to Tauranga)... ButH.T. Clarke 58 believed it was fated to fall into the hands of military settlers.,,59 By 1863 the Government was already seeking to own the Church Missionary Society's land at Te Papa, primarily, and ultimately, as a military outpost and for military settlers. 6o The Society resisted the idea, but it was clear Tauranga would soon become subject to Government contro In 1864, Maori were the main land holders in New Zealand and yet were "unrepresented in the legislature.,,62 At the same time, the position of Native Minister was disestablished by William Fox, and its functions were subsumed by him as the Colonial Secretary.63 By this time, it was already clear that iwi and hapu were going to have to employ extraordinary measures to assert their customary rights over, and occupation and use of, resources. Their control was being diminish:- their rights eroded and the inalienability of their resources undermined. "All this was pot a situation envisaged by the Maori when they accepted the guarantees embodied in the Treaty of Waitangi.,,64 In Tauranga, iwi and hapu were left no option but to employ armed defence, a strategy which reflected their mana and with which they were not unfamiliar. The ensuing defeat suffered by the Tauranga people was dealt with by the Crown in the context of land confiscation, and was based on cession by conquered tribes, so long as the affected tribes" 'unequivocably' exhibited then:position as 'defeated rebels,.,,65.".:-., An Order-in-Council in 1865 had the effect of facilitating the confiscation of the lands contained in the entire Tauranga area; extinguishing customary title and vesting the titles to the land in the Crown. The Crown later returned some of the lands by way of Crown Grant, but it was under no obligation whatsoever to return 56 Riseborough. pi 57 ibid 58 the resident magistrate in Tauranga 59 Riseborough p4 parentheses added 60 Tauranga p21 61 ibid 62 Riseborough p2. emphasis added 61 ibid M ibid 6.5 ibid. p4

45 38 the lands on the basis of customary rights. 66 Indeed, by now the Crown felt sufficiently powerful to allocate these lands on the basis of fostering its own interests rather than those of the iwi and hapu of Tauranga. This was yet another critical stage in the Crown's development of its own exclusive approach to maintaining the peace. This approach was a clear attempt by the Government to impose conditions on the people of Tauranga which were designed to make them submissive, acquiescent and, ultimately, loyal subjects of the Crown. The Harbour was also an acknowledged vehicle for communication between the people of Tauranga and people from other areas, as well as internally for the iwi and hapu of Tauranga. Some of the strategies used by the military during the land wars were designed explicitly to: preclude access for the Waikato people to food sources in and around Te Moana 0 Tauranga; ensure tribes on their way to assist Waikato could be stopped; and prevent communication between the 'rebellious' factions on the western side of the Harbour and the 'friends' of the Crown on the eastern side. 67 The Native Lands Act, 1866 gave the Government the power "to define districts within which the provisions of the 1865 Native Lands Act could be suspended from time to time. This was supposedly to prevent the Land Court from sitting in a district where the hearing of a disputed claitn might disturb the peace. In Tauranga it was a case of the Crown protecting its own interests rather than those of its Maori subjects.,,68 By 1867, the land at Te Papa which had been acquired by the Church Missionary Society was ceded by the \ J Society to the Crown. The Government had also begun to use legislation instead of military force to secure.. the Tauranga District and to maintain peace. 69 Thus, the presence and power of the <;rown became increasingly intrusive: The Confiscated Lands Act, 1867: specifically, empowered the return of confiscated lands to their former proprietors; enabled the passing of confiscated land to people who had served the Government well; and redesignated lands taken under the New Zealand Settlements Act as waste lands of the Crown. 70 The confiscation of land, and the Crown's attendant presumption that it had the power to allow military and other settlement on it, was not, of itself, sufficient incentive for Pakeha settlement in the district. The Hau Hau movement was active in the area, with a number of skirmishes being fought around Tauranga in the early 1860'S.71 Consequently, settlement in the area was seen as a risky undertaking.. ' The provincial government recognised that one of the keys to settlement in the Bay of Plenty was the use of the Harbour as a primary means of access to the district for military and then -general Pakeha settlement. The 66 o 'Malley and Ward. p64 67 Riseborough, p5 68 ibid, p70 69 ibid. p66 70 ibid. p7/. 71 Tauranga p263

46 39 influx of settlers brought with it increased pressure on the use of the Harbour on the basis of Pakeha, rath"''' than, Maori values. In 1871 the first wharf on the Harbour was constructed on the Tauranga side 72 and was one of the first substantial developments by the colonial government within the confmes of the Harbour. The defeat of the Hau Hau by colonial forces in 1872 removed a major obstacle to Pakeha settlement. This brought with it increasing pressure on the resources of the area. The Harbour became a critical resource for transportation, industrial development, commercial enterprise, residential enjoyment and recreational use by the settlers. The pressure and demand on the Harbour was such that much of the natural character of, and the customary values and practices associated with, the Harbour were already in danger of being lost or destroyed. 73, Tauranga was gazetted as a port of entry in 1873 and this signalled the ongoing efforts by the government to facilitate the settlement and the development of the Western Bay of Plenty with Tauranga as a gateway. This 'gateway' approach was illustrated by: the arrival in 1875 of the first Pakeha settlers destined for Katikati on the SS Rowena; the arrival in 1878 of another group of settlers for the Katikati No 2 settlement on the SS Hinemoa; the arrival in 1881 ofpakeha settlers destined for Te Puke; and the arrival in 1884 of more immigrants on the SS Northumberland. The demand created by the expected increase in the volume of settlers coming in to Tauranga, also brou!. with it added pressure on wharf facilities, and in 1878 extensions to the town wharf were co\llpleted and a second wharf (the Victoria Wharf) was built. When sulphur works were established at the northern end of the Te Papa peninsula, later renamed Sulphur Point, the settlers began to see the advantages of using the Harbour foreshore for the advancement of industrial and commercial development. The establishment of these sulphur works was one of the first major industrial activities undertaken on the Harbour foreshore. They were immediately adjacent to mataitai grounds used.by the Ngai Tukairangi and Ngati Tapu hapu ofngai Te Rangi, yet there is no record that the perspectives of these two hapu had been canvassed. Development -On and around the Harbour reflected the extent to which the settlers had come to see Tauranga and the Harbour as a central link in the Western Bay of Plenty. In tum, the development pressure facilitated the creation of road links between Tauranga, Te Puke and Katikati. The move to create road links continued to gain momentum, and -the construction of the Hairini bridge began in The bridge, a substantial structure for its time, was opened for public use in The bridge was obviously convenient for foot and carriage traffic in moving between the Hairini and Maungatapu peninsulas aq.d the T e Papa peninsula, but its effect on the Ngai Te Ahi and Ngati Ruahine hapu ofngati Ranginui living around the Waimapu estuary was 72 ibid, p refor to transcripts 7-1 Tauranga , p265

47 40 catastrophic. The estuary, the creation of which is described in the legend of Mauao,7S was a critical source of mataitai for the hapu, and the bridge effectively cut it off from the rest of the Harbour, thus undermining the foodstocks available. It created both a physical and psychological obstacle which would inhibit free movement around the Harbour for affected hapu. The situation has been exacerbated subsequently by replacing a substantial length of the bridge with a rock causeway. For Ngati He, the construction of the causeway has destroyed the sanctity of Waitaia (an old burial ground next to the Hairini Causeway), and created irrevocable change at Motuopuhi which was once a feeding ground for tuna. For Ngati He, their well-being is tied directly to Waitaia and Motuopuhi, and the causeway has severed their spiritual and customary associations with both of those places. The alienation of lands in the Mount Maunganui area from their tribal land holders, most notably through invoking the Waste Lands Act, and the first sales of land in that area to Pakeha settlers in 1888, signalled that the authorities' attention was now turning to the eastern side of the Harbour. The sale of lands at Mount Maunganui was followed quickly by the first sale of lands at Te Puna by auction in Consequently, the pattern of development around Tauranga and its attendant pressure on the Harbour was now finnly and irrevocably entrenched in the behaviour of the colonial government and its agents. The Judea Drainage Board was established in 1908 for the sole purpose of planning and managing the drainage of what was termed "the Judea swamp,,76. The work of the Drainage Board proceeded without any /-" effective consultation with the hapu who were affected. Furthermore, there was no genuine consideration 'J given to their very real interest in the preservation of a significant spiritual, cultural and sacred resource. These wetlands contained an urupa, a number of puna, and a hopua (tidal pool). Aunty Mat Tata,77 knew of the urupa, because when the Local Authority developed a proposal to fill the wetlands below Huria M.arae for a football field, she commented:"... But the tupapaku that are there. We should have them taken away, but they filled the place in. Before, it was all swamp. There was a puna across there where the Kohanga is. The swamp was our place to play, in the hopua... " The hopua was also used, at times, as a baptismal site 78, so the changes tothehopua affected not only the physical site, but it also meant the loss of the opportunity to participate in and celebrate, as whanau and hapu, ritual milestones. The wetlands were also a significant source of food, harakeke and raupo for the Ngai Tamarawaho hapu of Ngati Ranginui. 75 refor to the Ngai Te Rangi Section of this Report. 76 Tauranga , p Tata, transcipt, C23 78 Pearson, transcript, c22

48 41 One well-known food of the hopua and the drains was the giant kokopu - considered a delicacy amor Ngai Tamarawaho. Once physical changes occurred to the habitat, the kokopu disappeared. It is believe..., by members ofngai Tamarawaho, to have contributed to the disappearance ofthe kokopu 79 Alongside the creation of road links between the settlements of the Western Bay of Plenty, and the increased urbanisation of Tauranga, the development of rail systems, for conveying passengers and freight, was also well under way. By the end of 1908, the survey for the railway line connecting Waihi, Tauranga and Te Puke, had already reached Tauranga from Waihi. Work on the construction of a wharf at Omokoroa began in There continued to be no evidence that the views and/or aspirations of the iwi and hapu ofthe Tauranga District were being sought or taken into account in the planning and decision making affect their taonga, Te Moana 0 Tauranga. By April, 19tp the construction of the railway line between Mount Maunganui and Te Puke had started The Tauranga Town Board, had lobbied vigorously to have enabling legislation introduced which would establish a statutory body to exercise management and control over the Harbour. Although, the Town Board. had been unsuccessful when its members had pursued this proposal in the past, the Tauranga Harbour Act was passed in The Act neither provided for, nor recognised the need to protect and/or safeguard tribal interests in respect of the Harbour. The Harbour Board members were elected in 1913, and pursued the development of the Harbour wij±!., renewed vigour. \ Residential, industrial and commercial growth burgeoned in the Tauranga District and placed new demands on the town's administrators. The need for reticulated sewerage services was increasingly apparent and by the end of 1915 the town's public sewerage system was commissioned. Although this signalled a new level of sophistication and maturity in the development of the town, the iwi and hapu of Tauranga did not greet it with any great enthusiasm. Thomas Tata'.'.~o reflected the kinds of concerns related to the disposal of effluent through the wetlands and streams and 1,"~vers, discharging with water to the estuary. When the Hospital began operation it used catchment pol1.ds on the southern bank of the Kopurererua River, in an area of a pah called Tukarere. " about the liquid waste, it goes somewhere, that was the concern. What about the breach of tapu, keeping things separate,... polluted waters. Those treatment ponds were a concern all the way along. That was a big issue then, there was a severe impact on cultural values". He reflected the notion of a sacred domain despoiled and madenoa: The waste management processes in the early part of the twentieth century, although crude by today's standards, were regarded as sufficient for the times. However, subsequent to the initial establishment of the system, ensuing decades have seen raw and untreated human waste dumped unceremoniously into the 79 refer to the Ngati Ranginui-specific report 80 Thomas Tata C25

49 42 Harbour. Thus, successive planners and decision makers, by virtue of the agreements and decisions made, demonstrated their predisposition to violating the tikanga of the Maori of the area. Furthermore, in this instance, the discharge of effluent into the Harbour violated one of the most fundamental tikanga to which Maori subscribe and compromised the integrity of the physical and spiritual values attributed to the Harbour. It exemplified the continuing expectation that Maori would accept that their out-of-date values and beliefs had to be compromised in favour of expediency, convenience and the advancement of the aspirations of settlers and governments. Animal effluent from piggeries and dairy farms, agricultural chemicals from orchard runoff all create a strong sense of concern for those who harvest kaimoana from the estuaries and the harbour on a general and regular basis. Peri Kohu refers to what he considers a severe breach of duty, by the Tauranga Districts Council in its failure to notify marae of the discharge of effluent into the Waimapu estuary, following damage to a sewer pipe discharging effluent into the Waimapu estuary. Given the immediate and direct information and dissemination network available to and readily accessed by tangata whenua, Ngai te Ahi, Ngati Ruahine, Ngati He whanau of the area were subjected to unnecessary risk, as they are the most likely whanau to be collecting titiko, oysters, eels, flounder and other fish from the Waimapu. A vey Gardiner sought redress of concerns about two titiko beds still contaminated some months after the break in the pipeline in the Waimapu estuary. Because of the physical appearance whanau were not prepared to eat the titiko, with strong concerns about the health risk, if consumed kaimoana collected from specific areas. Approaches have been made to Environment Bay of Plenty and Local Health Agencies to undertake...), comparative analysis of health and safety issues related to any contamination ofthe shell fish bed \ Two generations ofthe Hika whanau ofhairini 82 comment on the fact that only few whanau of Hairini marae still harvest kai from the estuaries because of their health and safety concerns. This inturns contributes to another level of alienation of severance from the resource- the loss of familiarity and certainty about the cleanliness of the food, fish and shell fish, from a traditi<;mal fishery. Other whanau of Hairini community discouraged swimming in the estuary, because of their health concerns. 83 The expansion of the district's rail links from to Katikati and then on. to Tauranga had been completed, as had the link between Mount Maunganui and Te Puke. Inevitably, a proposal for the two links' to be connected was accepted, and by 1920, the construction of the Tauranga- Matapihi railway bridge and. causeway began. The rock causeway and, bridge were yet another example of how the natural interconnectedness of the estuaries was interfeied"with. No heed was apparently given to the fact that the mataitai grounds customarily used by the Ngati Tapu and Ngai Tukairangi hapu of Ngai Te Rangi were damaged. Nor was it of any significance that it represented a physical and psychological barrier for the iwi and hapu of Tauranga which 81 personal communication Avey Gardiner to Keni Piahana. 82 Judea Valley to Hairini Roundabout Roading Study. Tauranga District Council. 83 Note: further comment on the effects of effluent and contaminants is found p 56

50 43 had not existed before. Apparently, no lessons were learned from the experience of Ngai Te Ahi and Ng~L\ R ahi W. U ne at atmapu. 84 Intent on maximising the exploitation of the Harbour and its estuaries, the Harbour Board, in 1932, granted a ~. lease of part of the Waikareao estuary for use as an aerodrome for sea-planes. The first international aircraft "Faith in Australia" landed on the estuary in The Government continued to foster the development of the Tauranga District, and sought to establish a land-based aerodrome in perference to sea-plane landings at Waikareao. In 1934, it acquired land at Whareroa from Ngai Tukairangi by compulsory acquisition for the development of Tauranga's Airport. Ngai Tukairangi fiercely contested the acquisition and even took the case to the Privy Council. However, the hapu's case was unsuccessful. In this instance, the hapu chose to pursue their cause by using Pakeha law instead ofthe taiaha. Even so, the process represented a futile endeavour and the outcome for the hapu was a catastrophe. The development included clearing, draining and filling significant wetlands and streams. These wetlands and streams filtered run-off and drained into Te Tahuna 0 Waipu, and like other wetlands around Te Moana 0 Tauranga, were an integral part of a highly developed natural eco-system. Ngai Tukairangi and Ngati Tapu customarily used the area for harvesting food such as tuna and fuel such as manuka - practices which had continued into the 1930's. Tureiti Stockman 86 and Kihi Ngatai 87 can recall how when they were children they would tt;avel with their families to Whareroa and camp there for the the purpose of catching fish and cutting manuka for firewood. A variety of fish was caught in abundance from and around the wetlands at Whareroa. The principal species targetted were tamure, wheke, kahawai, and, from the streams and waterways emptying out of the wetlands, tuna. The common practice was to pawhara fish and shellfish. Tongakaiwhare Kia 88 can recall the significance of that area for the people of Matapihi, because it was a customary site for mahinga kai, a practice which. was used often by whanau groups in his childhood years. "It was a big thing for us to go to Te Awa 0 Tukorak0 89. We used to go there and camp. Just to get pipis and tuangis. We used to go on our old drays... We'd leave from down here and from Okahu,... and Turiri and (others) used to leave from below Whakahinga... And Duke and them used to leave from Te Ruruanga,... And we'd go there and stay and come back with (pipis and tuangis)." The other significant activity that took place on the wetlands was the collection of manuka for fuel The manuka stands were :very extensive and were the principal source of fuel for hapu in the area. Reliance by lu,/; rejer to p30 85 Tauranga , p Stockman, transcript, A2 87 Ngatai, transcript, Al 88 Kia, transcript, A10 89 Te Awa 0 Tukorako was a stream that flowed through the wetlands at Whareroa. As a consequence of airport, port, and industrial development, it has been/illed in and no longer exists.

51 44 the Ngati Tapu and Ngai Tukairangi people, who were living at Matapihi and Omanu, on firewood was widespread as electricity was not supplied to their households until the 1940's. The loss of these wetlands removed from the Ngai Tukairangi and Ngati Tapu rohe, their one substantial wetland.,. The airport was opened in 1939 by the Hon F Jones, Minister in Charge of Aviation. The completion of the Maungatapu - Matapihi bridge and causeway in 1959 was quickly followed by the opening of the Waikareao bridge and causeway (now known as the Otumoetai causeway) linking Tauranga and Otumoetai. For the people living around Rangataua, the Maungatapu Bridge had observable effects 90 : Te Ngaio, an ancient Ngati He settlement, was desecrated in order to make way for the causeway on the Matapihi side; a beach known as Te Toto, which was the place where an ancestor was killed and his blood reddened the beach, was destroyed; the bridge was built over tuangi beds; the bridge became a physical obstruction, for Ngati He, to their tribal lands at Te Maire; the fishstocks in the Rangataua estuary diminished; and the tranquility of Maungatapu Marae was disturbed forever. em"",,"'%, ---, j Tauranga Harbour had been physically divided in many places by a plethora of bridges and causeways which were designed-to enable the communities of Tauranga to travel throughout the area relatively easily. There is no doubt these developments enhanced the economic, political and social participation of the area's residents' in the activities either implicitly or explicitly encouraged by successive governments. Equally, there is no doubt the iwiand hapu of the Tauranga District were effectively disempowered, because their,cultural values were not considered, their views were not sought and their estrangement from their customary rights was already well-advanced. The iwi and hapu of the Tauranga District were not always overt in their opposition to development. Yet, this is hardly surprising when, from the time of the Land Wars in the Waikato, their demeanour had to reflect that they were "defeated rebels". Furthermore, even when they opposed development by using Pakeha law, they were defeated (as in the case ofngai Tukairangi) The ~auranga Harbour Bridge Although the merits of linking the Tauranga and Mount Maunganui peninsulas, by a Harbour bridge, had been discussed as early as the 1920's, it was not until the 1960' s that the concept was given serious consideration by 10caJlerritoriai councils 91 To enable the Tauranga City and Mount Maunganui Borough Councils to advance their joint investigation and development of the idea, The Tauranga City Council and Mount Maunganui Borough Council (Tauranga Harbour Bridge) Empowering Act was passed by Parliament in A joint committee was then established by the Councils to plan and manage the project refer to the Ngati Pukenga - specific report 91 A History of Mount Maunganui, p92 92 ibid, p94

52 45 The Tauranga Harbour Bridge, the most recent example of a physical barrier which cuts across the Harbou<, was opened on 13 March On the basis of Pakeha values, beliefs and ideologies, the construction of the Bridge was: a logical extension of the carriageways around Tauranga and Mount Maunganui; a more efficient approach to traffic flows between Tauranga and Mount Maunganui; and it gave freight traffic easier access to the Port from the Tauranga side of the Harbour.. Furthermore, precedents for the construction of bridges across the Harbour already existed. The decision to build the Bridge was made without seeking, in any systematic way, the views and opinions of the iwi and hapu of the Tauranga District, and, for them, it merely symbolised an ongoing series of events and actions they knew would impinge on their ability to maintain their traditional and customary relationship with the Harbour and to retain their cultural uniqueness. The Bridge is immediately adjacent to Whareroa Marae, and although the Marae Committee objected to the construction of the bridge itself, they ended up focusing on the proposed siting of the eastern accessway to the Bridge. 93 In some respects, continuing to object to the Bridge itself was perceived by some members of the Marae Committee as an exercise in futility. It was originally proposed by the Councils that the access would run immediately alongside Whareroa Marae, so sensing that the construction of the bridge would proceed regardless of their objections, tl!:.. Committee focussed on ensuring that, at the very least, a discussion between the Councils and t.. Committee, about the accessw~y, occurred. By the end of the discussions between the two groups, the accessway was re-iocated to its current site. Even so, the bridge structure has had a dramatically negative effect on the mataitai, used by the hapu of that marae for harvesting tuangi, pipi and kukuroroa. The area's renown for an abundance ofkai moana of that type has now been lost. The Bridge, and its associated causeway, impede the cultural association which is reinforced by being able to see an important tribal pa site across the Harbour. It blocks the view, from Whareroa Marae, of Otamataha, an ancestral pa site on the Tauranga side of the Harbour where two Ngai Tukairangi chiefs, Taiaho and Puhirake, are buried, and which has great significance in the history of the settlement of the area 94 by Ngati Tapu and Ngai Tukairangi Although there appe8i<t~ -have been some attempts by the Harbour Bridge Committee to involve local Maori in aspects of the development, the perceptions of the Whareroa Marae Committee 95 are that the Councils' representatives sought this involvement in order to protect their own interests, not because they had any genuine concern for the spiritual and cultural values of the people of Whareroa. Moreover, the effects of the 93 refer to Joe Briggs, transcript, A3 and Kihi Ngatai, transcript, Al 9.1 Kihi Ngatai, transcript 95 refer to Joe Briggs, transcript, A3

53 46 bridge development on mataitai in other parts of the Harbour, and its impact on other hapu was neither addressed nor recognised by the Bridge Committee. Indeed, hapu living around the Rangataua, Waimapu, and Waipu estuaries, believe the Harbour bridge has exacerbated changes to tidal and channel characteristics, and thus accelerated the depletion and disappearance of mataitai. The iwi and hapu of Tauranga are firmly of the view that development in one part of the Harbour, affects all other parts. 96 Thus, although much of the physical development in the Harbour has taken place at the Mauao end, pollution and changed channel and tidal characteristics, all have an impact on the opposite end of the Harbour. Te Whanau 0 Tauwhao, Ngai Tuwhiwhia, Ngati Tauaiti, and Ngai Tamawharuia hapu all attribute the decline in the quality and quantity of food stocks in their mataitai to the development of the Port of Tauranga The Port of Tauranga The construction of physical barriers across the Harbour, the drainage of wetlands and the clearance of foreshores, were by no means the only contributors to changes and adverse circumstances which were affecting the relationship between the iwi and hapu and the Tauranga Harbour. Indeed, the three iwi regard the Port as the single most significant development to occur on the Harbour because it precipitated an acceleration of change in the traditional and customary associations for the hapu of the area. Before the introduction of the Tauranga Harbour Board Act, 1912, development of the Port was carried out on an ad-hoc basis. The Act was the vehicle for vesting unlimited powers of planning, decision making and management of the Harbour in the elected members of the Board. Thus the Board became, in the minds of iwi and hapu, a creature of the Crown. It became clear that the ongoing development of, industrial and commercial enterprise would be the source of continuing pressure to exploit the resources of Te Moana 0 Tauranga. Indeed, the government actively encouraged and supported the Board, as exclusive manager, in facilitating the development of the Port on the basis of trade and economic growth and development alone. There is no evidence that the Board assumed its role in a manner which gave due regard to the aspirations of iwi and hapu, or that it paid heed to the spiritual and cultural integrity of the iwi and hapu of the area. Furthermore, the Board never seems to have been given any reason to believe the government considered these matters to be of any significance. During the First World War, sea communication became of prime strategic importance. The development of the Harbour was seen increasingly as a matter of national importance which deserved national study and consideration. However, cheap, regular and efficient transport depended very much on size and draught of ocean going vessels anq consequently on the development of harbours of a capacity and depth to receive such vessels..' The Tauranga Harbour Board employed a private engineer, Blair Mason, to report on potential improvements to the Harbour. 97 His report, published in full in the Bay of Plenty Times in August 1919, recommended a number of developments which included: 96 Hauata Palmer, transcript, A9 9- I Tauranga , p238

54 47 the construction of training banks to direct tidal flows and to reduce siltation around wharves; dredging a new and wider channel, and deepening the existing Cutter channel; and considering wharf development on the eastern shore of the Harbour at Mount Maunganui where deeper water was more accessible. His report made no mention of seeking to account for the effects of this work on mataitai grounds and Harbour territories of the tribal groups. There was no apparent reason why the report's recommendations could not be implemented. Consequently, the Stellar Channel was dredged and the Cutter Channel deepened in At the time, it was also clear that the port, as such, would be expanded. In response to increasing port trade and the benefits of the railway links across the Western Bay, construction of a third wharf, the Railway Wharf, at the base of the Monmouth Redoubt was started on 1 April As trade volumes and use of the port facilities inevitably increased, so too did pressure to expand the port facilities. In the early 1950's, the government authorised a commission of inquiry to study the establishment of a new export port to cater, in the first instance, for forestry produce from the Bay of Plenty98. In November 1950, the "Committee on Port Development in the Bay of Plenty" recommended to the government that timber products originating within the Bay ofplentylrotorua districts be exported through a new port to developed at Mount Maunganui 99 The government's decision, recorded as a matter of both national and local importance was, to finance and construct a $2,000,000 deepwater port at Mount Maunganui. There is nothing to indicate that the specific interests of the iwi and hapu had been considered in either the commission of enquiry or the govemmenendorsement of its recommendations. In June 1953 work commenced on the construction of the Mount Maunganui wharves. The scale of the development was enormous in the context of its location and the comparative size of the eastern end of Te Moana 0 Tauranga. The initial development provided for 4.8 hectares of Harbour bed to be reclaimed behind specially constructed rock retaining walls, and for a 383 metre long concrete quay to be constructed. 100 The government dredger, Eileen Ward, was brought to Tauranga from Greymouth to undertake extensive channel deepening. Even after the new wharf complex was opened on 3 December 1955, the Harbour Board sought to develop it further and made immediate representations to government for funding for extensions to the wharf. Over the next three decades, the continuous construction programmes of the Harbour Board, and its successor, the Port of Tauranga, have seen the Mount Maunganui wharves extended along the entire length of Harbour shoreline from Pilot Bay (Waikorire), to Whareroa. Throughout this period, Board members appeared before numerous Select Committees, Commissions of Inquiry, the Transport Commission, and the New Zealand 98 A History of Mount Maunganui, p38 99 Tauranga , p ibid, p239

55 48 Ports Authority seeking sup~ort for their plans for Port expansion and its financing - always with national interest as the primeconcem 01. During this period Maori interests were ignored. The Crown and Harbour Board's predisposition to ignore the will of the iwi and hapu of Tauranga continued throughout the extensive Port developments. Indeed their behaviour remained not only arrogant, but also insulting as the construction of the Port itself was undertaken. The impact on Ngai Te Rangi and many of its hapu was especially dramatic. For them, the development and growth of the Port has occurred at the expense of the traditional and customary relationship they had formerly enjoyed with the Harbour. The impact of the Port development on the Harbour eco-systems and the ability of those systems to support the cultural values and lore of Ngai Te Rangi was particularly severe. Brian Dickson (Ngai Tukairangi),102 Chief Executive ofte Runanga 0 Ngai Te Rangi said: "I think that the impact of the wharves should be mentioned. I mean, they destroyed and denied access to a very rich part of the Harbour for kai moana... It was abundant there. We should mention that Tauranga has developed into very major import/export Port and it was all at the expense of the hapu here. Also, in doing this, they destroyed our mataitai areas. And the Crown just let it happen. Consideration given to hapu was non-existent in terms of the rights under Article The point is that it was the Crown who had the responsibility to make sure our rights were protected." Hauata Palmer.ofNgai Tuwhiwhia 103 : ~ "The causes (of the changes to the Harbour) are the developments at this end (the Sulphur Point area) of the Harbour. They (the developments) only started getting prominent like... when Sulphur foint started to develop. The whole community thinks the same. Sulphur Point is the main thing. The reclamation at Sulphur Point. Then there's the Harbour Bridge, the Wharf development, because that meant dredging the channels. Everything that happens down here affects the upper reaches of the Harbour, the other end. The Port development, the Sulphur Point reclamation and channel deepening. Those are the main things. You know, the annoying thing is that they keep saying there's no scientific proof of this. But we know. We can see it." A significant amount of insult and offence was felt by the iwi and hapu of the Tauranga District when stone and rock for the Wharf were quarried from Matmgamana. Despite vehement objections from the hapu, the site for the quarry was taken compulsorily under the Public Works Act, and-saw the desecration of the pa which was built by Tamatea Arikinui (Taakitimu), and later became Tamapahore's pa and his final resting place. The material from Maungamana was used for building the Port even though the material contained koiwi. This was not just a demonstration by the Government and its locally based agent (the Harbour Board) of their capacity to marginalise local Maori. It was also another gross violation of fundamental tikanga, including J()J ibid, puo J02 D-IC ks on, transcript, - A6 103 Palmer, transcript, A9

56 49.. the desecration of an urupa, and the non re-intemnent of koiwi at appropriate substitute sites except '"'" stealth and placing koiwi on mataitai. Kaikino Paraire l04 recounted how, during the quarrying Maungamana, his uncle, Tommy McLeod, stayed in a tin shed near the quarry. When rock was blasted, he would pick through it, gather up the bones and re-bury them at another urupa, at Karikari. Further insults were added when the authorities, in widening access at the mouth of the Harbour between Mauao and Matakana, dynamited and destroyed Pane Pane. This reef was the only mataitai in the eastern inner Harbour from which mussels, kina, and other reef kai moana could be harvested. It was used extensively by all of the hapu around the Tauranga Harbour right up until the time it was destroyed. Whatever concern or opposition may have been expressed by Maori about the development of the Port in the 1950's and 1960's, was blatantly ignored when a report by the Transport Commission, in May 1966, recommended full development of the Port of Tauranga as an unrestricted final outlet for exports of primary produce originating in the South Auckland and Bay of Plenty Districts. This report received unequivocal endorsement by the Government. IOS. Having captured the Mount Maunganui side of the Harbour, the Harbour Board turned its attention back to the Tauranga side of the Harbour in seeking more wharfberthage. On 30 March 1967, the Harbour Board was granted approval to undertake a major reclamation of the Harbour bed off Sulphur Point. The work, however, did not begin on the reclamation and on dredging to create a turning basin, until 6 February This reclamation destroyed fishing grounds and mataitai sites, where scallops, tuangi, and kukuroroa were collected, used by Ngai Tuwhiwhia, Ngati Tauaiti, Ngati Tapu, Ngai Tukairarigi (all hapu of Ngai Te Rangi), and by Ngai Tamarawaho (a hapu ofngati Ranginui). - \ Morehu Ngatoko,107 talked about the development at Sulphur Point, and stated:" With the advent of progress, they (pakeha) say, it really devastated us. I felt the grief in a lot of our people, even those who were old. They felt like we felt, indeed, we feel it today. It was well known as a special place, a kind of tuangi you wouldn't find anywhere else, and when they dredged that area, they dredged them all up. Gone. Lost. This is the impact of what is happening, the ruination of our waters... We used to spend a lot of time there, and go fishing for kingfish, ko hake... You go any time of the day, throw your line out there, and not long you've got a bite. When you feel the weight, you know its a kingfish. That place was all part of s and how we felt about the Moana." Thomas Tata!08recalls the reclamation of Sulphur Point and the development of Mirrilees Rd. "If we look at what is on the other side, there used to be pipi over there, on the Marina Land and that building over there, at Fletcher Steel. '"... When the tide was out, you could actually walk over there... now the scallops are at peir 13 or is it Pier 14:'... As kids we used to swim out to waist height and get the scallops." Thomas referred to the piers to demonstrate where the bed used to be on the Sulphur Point side of the Port area. He /0./ p.. A4 ararre, transcript, /05 Tauranga , p ibid, p280 /07 Ngatoko, transcript, CJ9 108 Thomas Tata Transcript C29

57 50 i continued to describe the variety of pipi over there. " The pipi that was on the inside part of the sandbank, draining waters from the Waikareao estuary,... we used to have the white pipi. At the top of the white is the black streak. On the other side we got the white pipi with the orange streak, with a green in it, like we get in the channel at Matahiwi. There used to be a bigger one. That is not here any more... The pipi over there was different, it was a big grey pipi". Thomas describes work related to the reclamation of the area.bulldozers were used to scrape sand from the sand bar at low tides.this work was undertaken to drain the tidal waters of the Waikareao estuary. This material was used a fill for the sulphur point reclamation area. Disturbing shell fish beds in that fashion led to the loss of a variety of pipi harvested in a relatively small area' Households from Huria marae would go out to the sandbars at the entrance to Waikareao estuary... " We used the horse and sled. They used to get two bags of pipi and stick it on their sled... used to take all the old kuia and their kaimoana home. It has always been our fishing ground... out there by the curve of the sandbar is our fishing grounds. As a kid of nine or ten, I'd be hanging on to a line and catching snapper. Normally we only catch two, enough for a meal. It could be repeated tomorrow if need be. The reclamation of the Sulphur.Point area affected the fishing grounds and shell fish beds ofngai Tamarawaho Pat Wheoro recalled the dredging of the Harbour, including the loss ofmataitai beds and feeding spots within the Harbour as a result IIO Matekohi Tata lamented the loss of the mataitai "They took it all away the Pakeha" II 1 referring to the dredging of the harbour and dumping it at Karewa Island. At the same time, landmbased enterprise development on the shores of the Harbour kept pace with wharf /'; development: \ by 1958, two large flour mills owned by the Northern Roller Milling and Ireland Company had been established at the back of the reclamation opposite the wharf; the Bay of Plenty Co-Operative Fertiliser Company's new processing works were in production south of the Mount Maunganui wharf, "{mmediately adjacent to the Whareroa Marae; and substantial tank storage for petroleum products had been in use in the vicinity of the Mount Maunganui wharf since To keep pace with the rapid and, thus far, unimpeded expansion of land-based industry and wharf development, bigger ships and an increase in the volume of shipping,traffic had to be catered for. Consequently;the extensive strategy of deepening selected channels in the Harbour to cater for the size and volume of ships, and reclaiming parts of the Harbour in order to create more wharf space, specifically included: deepening channels, between , to allow port draughts to be increased from 7.31 metres to metres; , ibid 110 Pat Wheoro C13 ill Matekohi Tata Transcript. C Tauranga ,241

58 51 re-aligning the Cutter Channel, in 1967/68, by removing 1.75 million cubic yards of Harbour bl"/:i. matena; an d! pumping 2 million cubic metres of dredged sand into an 89 hectare reclamation at Sulphur Point during the period from 1970 to Development of the Port of Tauranga is a major issue for all of the iwi of the Tauranga District, and is a particularly sore point for Ngai Te Rangi. From humble beginnings the Port has developed to become one of the major ports for the country. Ngai Te Rangi views this development and growth as being very much at the expense of their hapu 1l4, particularly as the Port is situated within their hapu rohe. Its development has destroyed significant mataitai that have sustained hapu for many generations, and what has happened in their rohe has adversely affected other parts of the Harbour. Their frustration has been exacerbated by the continued disregard by the Port authorities and other Crown agencies of the needs and aspirations of their hapu. The view of representatives from the hapu is that these agencies did not involve tangata whenua simply because there was no legislative requirement for them to do SOliS, 5.2 Stewardship and the Balance of Power The perception amongst the iwi and hapu of the Tauranga area is they have indeed lost stewardship of the Harbour. The encroachment on Te Marae 0 Tangaroa is evidence of the actions of the Crown, andlor agents acting on its behalf, in:. its ensdorsement of housing development close to the harbour foreshore, - its alienation of traditional and customary sites from the people whose well-being depends upon them, its haphazard approach to consultation with whanau, hapu and iwi; and its failure to support and uphold the spiritual and cultural imperatives of Maori. The perception is typified by the following comments: As Peri Kohu,1l6 says: " Its the perception by the dominant society that they can build their factories on the waterfront, that the wharf must have space for a bigger wharf, is contributing to industry (developing there). They seek optimum areas beside the beaches and the waterfront. They have the majority of the space now, of the Harbour:,! That has got to stop. (There is an) out-of-sight, out-of-mind (attitude). Why do we have to put it (development) on the edge of the Harbour, to take the prime spot? That is continuing, and knowing the Council and Harbour Board plans for development, its to get bigger and more restrictive. There are rumblings of extending the Airport, and the Harbour Board plans to extend dqwn towards Matua Iwi near the marina. That's got to be a worry. It marginalises us. The fact that we can only get pipi where its not affected by effluent, whe're, over the summer, we would be eating pipi's as one of the meals of the week, now we can't count on that." IlJ ibid 11-1 D' IC ks on, transcript,. A6 115 Briggs, transcript, A3 116 Kohu, transcript, C20, parentheses added

59 52 Tipi Faulkner,1l7 talked about the expert knowledge and advice which could have been provided by tangata whenua: "... I mentioned, at one of the hui I went to called by MAF about the toxic bloom and asked, had they consulted with Maori over this thing, who were they if they did, and if they hadn't, why not? Because they paid big money for scientists coming in from America and England, (coming) all that way and pay their accommodation, but had not consulted Maori who had been eating kai moana since day one of their arrival, and prior to their arrival here. I suppose its quite interesting that they have not done anything of the sort. We Maori people (get) an indication (from the blossoms) in the ngahere (as) to (when to) go for our seafood. Its those sorts of stories that they should become acquainted with... This is one of those things where Pakeha are not consulting with our tikanga, and, of course, I think that Pakeha people should take more interest (in) our tikanga and understand where we are coming from... especially (with) the resource of our kai moana." Hauata PalmerI 18, ofngai Tuwhiwhia hapu, spoke of: the inability of Maori land owners to protest, because of their poverty at the time; and land being taken by Public Works proclamation for use for port and Harbour development earlier this century. /~~~ } Maori families were so poor that compensation for Public Works' takings, although meagre even by those standards, at least put money in the pockets of people who needed it. Hence, although not agreeing with the compulsory acquisition of land, Maori land owners in many cases had no option but to stand back and watch without challenge while their lands were taken for port and Harbour-related developments. These developments led, ultimately, to alienating them further from their taonga, Te Marae 0 Tangaroa. He also spoke of the tendency of Governments, and other statutory authorities, to rely on scientific evidence (or lack of it) to justify ignoring claims from hapu about the effects of water and land-based development on the availability and quality of kai moana, the effect on the ecology of the Harbour and the ease with which hapu obsei;ved the level and nature of changes to the Harbour. Kihi Ngatai l19 referred to Ngai Tukairangi objecting to the compulsory acquisition of their lands, under the Public Works Act, and then taking their case as far as the Privy Council only to lose it. This was a hapu which, less than 100 years earlier, had resisted the Crown by armed force and had now succumbed to using the Crown's own systems, laws and processes to uphold: its rights. Taking a case to the Privy Council demonstrated the commitment of the hapu to uphold its kaitiakitanga, in this instance, over their lands. Morehu Ngatoko, 120de ~ribed another example, where the Tauranga City Council failed to have regard for the interests of Ngai Taniarawaho regarding the discharge of waste and stormwater from the Tauranga Hospital settlement ponds, and from the new industrial areas around the mouth of the Kopurererua River: " 117 Faulkner, transcript, CI /18 Palmer, transcript, A9 /19 ibid l10 Ngatoko, transcript, Cl9

60 53... we fought the Council for that, e kore rawa I tuku aroaro ki te kuaha rna tatau, pehea, penei tu I tl'< hoki, enough! If we had tangata matatau I te whakaaro ake, it wouldn't have made any difference." Kaikino Paraire 12l, when commenting on the involvement of the Nga Potiki hapu in the planning and development of the effluent treatment ponds at Rangataua, and the quarrying for fill for the Mount Maunganui wharves and the Maungatapu causeway, said: "Oh they wouldn't listen anyway. There (were) a whole lot of things that they wouldn't even listen to Maori. Nga Potiki was never consulted about any of the affairs that they did. Well, they were consulted and they disagreed to give their hill as a quarry but under the Public Works Act it went anyway." Joe Briggs,122 (Ngai Tahu and married to a Ngai Tukairangi woman), was a member of the Whareroa Marae Committee when the Port was being developed and when the Harbour Bridge was proposed and then built. "They only wanted to meet with us when they wanted something. There was no need for them to meet us where there was no regulations in place". Dudley Walker,123 when referring to the power of the Tauranga District Council and Bay of Plenty Regional Council, described the lengths that Ngati He had to go to, in order to draw attention to an ongoing and increasingly pressing violation of the hapu's relationship with its takutai moana immediately outside the Maungatapu marae. The launching and retrieval of boats and jet skis presents a danger to young children and other bathers in the area, and is the source of frustration for the hapu during marae events or'activities. A:::. far as Dudley is concerned: "We have to put the take across like this (a log barring access to the marae bea - 0 by boaties). (The Council) went back and said they were going to... close (the beach)" but when (the public) got the word (about closing the beach), they went back to Council and the' other councillors (and) they got scared. They were shaking in their boots and... the story (changed). You've got to get them and talk to them about how we understand things... the law doesn't give any protection, nothing. We want the Council to find out more about what we want, by coming down to the marae and talking about it to the people. That's the only way... " Avy Gardiner l24 considers the role of territorial councils has been pivotal in the alienation of Maori from their customary resources and practices. In particular, she attributes the breakdown in the traditional relationships between hapu and between whanau to the extent to which tribal life and its foundations have been transfoniled by the imperatives and values of tauiwi. She,also attributes the breakdown of these relationships to the impact of legislation and regulations which have been designed by the Crown for advancing the priorities <;>fpakeha, thus ignoring the values and beliefs ofngati He and its whanau.. '",f':'. Ngati He recently had the experience of having the sanctity of their marae at Maungatapu violated. Successive Councils and recreational users of the Harbour failed to recognise and acknowledge the right of III P armre,. t ranscrlpt, 'A4 III B riggs,. transcript,. A3 123 Dudley Walker, transcript, Cf4 lu In a personal communication with Te Awanuiarangi Black

61 54 Ngati He to use their marae without encroachment by outsiders. The attitudes and ignorance of the users, managers and controllers of the Harbour compromised the cultural integrity ofngati He, and were unwilling to concede that the marae has an unique and unimpeachable place in the spiritual and cultural life of Ngati He. As a consequence, Ngati He were left with no alternative but to preclude all access to the beach adjacent to the marae, thus ensuring the values, tikanga and kawa ofngati He would be observed and upheld.

62 55 PART IV

63 56 6 THE UNIFORMITY OF IMPACT ACROSS TE MARAE 0 TANGAROA There is clear evidence that, in the hearts and minds of the iwi, hapu and whanau who surround Te Marae 0 Tangaroa and who belong to Te Whanau 0 Ranginui raua ko Papa, the Crown has had an uniform impact on their traditional and customary relationswp with, and enjoyment of, the Harbour. In most, if not all, instances, the representatives interviewed could have been speaking for every iwi, hapu and whanau of the District when they identified the ways in which their people have been affected adversely by the activities on and around their Harbour. 6.1 The Violation of The Customary Relationship The traditional and customary relationswp between the iwi and hapu of the Tauranga District and the Harbour has been violated at a fundamental level It focuses on the Crown's failure to recognise and respect the tino rangatiratanga of iwi and hapu. Ultimately, tws has resulted in the marginalisation of iwi and hapu imperatives in policy development, planning and decision-making. This marginalisation manifests itself further in, for example, the Crown's: failure to, * recognise and acknowledge the sacred status ofte Marae 0 Tangaroa; * uphold the kaitiaki status ofngai Te Rangi, Ngati Ranginui and Ngati Pukenga; * adopt kaitiakitanga practices which are consistent with the sacred nature of Tangaroa's domain; * maintain the natural, spiritual and cultural resources of Te Marae 0 Tangaroa for future generations; and * uphold the natural character of the natural environment; and propensity to, * adopt the practice of responding to the needs and aspirations ofpakeha settlers; * view the Harbour as, primarily, a commercial, recreational and aesthetic resource; * show a lack of respect for Tangaroa, his doi1!;;tin and Ws descendants; * institutionalise Pakeha conventions in tlieuse of the Harbour; and * regard the. Is~tiakitanga of the iwi and hapu of the District as an inconvenient expression of outmoded values, beliefs and practices. The demeanour of the whanau, hapu and iwi of the Tauranga area has been that of a beleaguered group whose ability to protect their traditional and customary interests in the Harbour, as part of Te Marae 0 Tangaroa, has been effectively extinguished. For them, the Crown has undermined their mana as tangata kaitiaki and, thus, exploited and compromised the natural domain of Tangaroa and its resources.

64 The Effects of Violating the Traditional and Customary Relationship Siltation With the development of the agricultural and horticultural industries, and with higher density industrial, commercial and residential development around the Harbour, there has been an accompanying increase in the generalised siltation of the estuaries, tributary streams and watelways. This development trend has, in some instances, led to the destruction of culturally and historically significant mataitai sites. Ngati Kahu, Nati Hangarau Pirirakau and Ngai Tamarawaho harvest sites and favoured shellfish beds at the Wairoa river mouth, Tilby Point and Matua iwi area, were smothered by the siltation of the Wairoa river mouth, as a result of silt deposited with the collapse of the Ruahihi Canal. Sites at the Wairoa River mouth and Oikemoke.,point have been destroyed. In some instances a bed may stuggle to survive, but in the silts, they are prone to attack by parasites that invade the shell and tissue. 125 Sites in the Rangataua harbour have been smothered in fme silt resulting from run off from residential subdivisions with a high degree of surface contouring and exposed earth faces. Stonn Water settlement ponds are not necessarily effective in some weather events, unable to handle the volume of stom water discharged from land sub divisions. Similarly, there has been a dramatic change in channel depths and in the quality of muds in the estuaries in particular. Where once there were finn clean sands, there is now a sludgy residue of silt. As a consequence, the decline in the quality and quantity of fin fish and shellfish, has been attributed, by iwi, hapu and whanau, in numerous instances, to the siltation which has resulted from the development path which has been, ann continues to be, led by Pakeha and fostered by the Crown. - \ The collapse of the Ruahihi Power Station canals was referred to unifonnly, by Ngati Ranginui hapu, as having the single, most devastating, effect on their mataitai. Most accounts state that it took four years for the effects of the collapse to be diluted. Where once there was sand, there is now deep mud. The channel openings of the Wairoa River are markedly shallower as a result, and the sedimentation which is disco louring the water was noticed by Ngai Tamarawaho in the Waikareao Estuary. Teri Ratima, 126 when referring to Ruahihi, commented about the loss of extensive eel grass beds, which were the common site for parore (butterfish). "They used to feed on the seaweed - the eel grass. In those days, it used to be (18 inches) long. Now, its only (a couple of inches long). It used to get flicked around before. Go over it now, it looks as though the mower has gone over it. Because of Ruahihi, it's not there anymore. That's where the parore used to feed and the old snapper yoti\:vould see (with their tails) up in the air, but not any more." Similarly, the siltation in the Rangataua Estuary was identified 127 as being significant enough to have altered the depth of channels, the estuary generally and the Waitao River in particular, to a dramatic extent. 115 Ratima, transcript, C3" parentheses added JZ6 Ibid 127 Refer to the Ngati Pukenga Report in Part VI of this report

65 Commercial Fishing The sheltered inner Harbour waters provided hapu and whanau with a constant source of fish, particularly tamure, kanae, patiki, and kahawai. These waters also provided a lucrative. fishing ground for commercial fishers using drag net techniques. Apart from taking large quantities of fish for relatively little effort, and without cognisance of the values and customs of the local iwi and hapu, commercial fishers contributed to depletion of the fishery and breached the lores of Tangaroa. The techniques deployed had a destructive effect on natural and traditional fisheries and violated the tikanga which had formerly ensured the maintenance of the Harbour as a sustainable economic, social, spiritual and cultural resource. For example, kukuroroa, which anchor in the Harbour bed, have been known to be smashed l28 as commercial catches were hauled across them. This act of wanton destruction has a direct effect onmataitai sites as well as on the mataitai themselves, and it denigrates the mana of the iwi and hapu of the Tauranga District as they seek to maintain the integrity of Te Marae 0 Tangaroa. It also reflects the extent to which commercial imperatives have subjugated the social, spiritual and cultural priorities of the people of the Tauranga District. Terry Ratima/ 29 when he was lamenting the loss offishstocks in the period around the late 1960's, said: " These trawlers, used to come up the Harbour. Our parents didn't like them, because they were taking too much fish. We used to get our old ploughs and dump them in the sea so that (they) would rip their nets. They were allowed to do that, take so much fish, but that is our old people, they didn't like that. That's why they collected up all the old ploughs and dropped them in the channel. I think our people still do that. There ~_, are a couple of (people) hauling in here. Chris and I went down to MAF, but they had all the papers up to, '~ date and everything like that. We went and saw them about it, but there was nothing we could do about it.", This evidence is consistent with depletion of fish due to trawling in the inner harbour and methods used by commercial fishermen Development Of or On The Harbour There are numerous examples, both cited and uncited, of the extent to which the development of or on the Harbour has affected the relationship between the iwi and hapu of the Tauranga area, and the Harbour itself. Tipi Faulkner,131 referred to the impact of Harbour development as: "... ~ Man's activities. Our Harbour has change(t because of the activities of Man, and that is sad. I suppose (with) the reclamation works that went on, the (tidal) flow has had to go somewhere, and that changed the tidal patterns - because of the reclamation that has gon,e on at the (Mount) Wharf area now. Things must change. There is no regard for nature or the need onn~ Harbour to survive with all its mataitai and fish. The regard for those resources is not very well respected...:...". 128 Refer to the Ngati Ranginui Report in Part VI of this report 129 R t'. C3 a Ima, transcript,, 130 MA series 13, W2490 NA and Marine Department Series 1,2/12/543, NA 131 Faulkner, transcript, C1,

66 59 Dredging has had a pivotal effect on the existence, quality and quantity of mataitai which is accessible to".~ iwi, hapu and whanau of the Tauranga area, In some instances, it has destroyed mataitai sites complett11; while in others, the quality of mataitai has, in the minds of the local people, been compromised. Dredging has also caused a dramatic decrease in the amount of mataitai which can be found. Hati Kururangi,132 identified two species of mataitai affected by dredging: " Dredging made a difference to the kina and different types ofpupu started growing there (around Mauao), the ones we weren't used to, The ones we were used to, they had disappeared. Seaweed had dropped to half its actual size, and other seaweed started growing there. The old stingray... there (were) more stingrays after they blasted the Tania Reef, the big stingrays started corning up. They looked like a rock when you were diving for mussels, and (if) you put your hands on them, the whole rock (would move). That gave you a fright. (You) just had to wait until it (went) away." The Port Development is another activity which has had a negative and detrimental effect on the iwi, hapu and whanau of the Tauranga District. The people witnessed 133 : the destruction of their mataitai sites; the unrestrained and ruthless destruction of a pa site and an urupa; and the exhumation ofkoiwi and their re-placement, amongst the rubble from the quarry, on the wharf. The construction of bridges and causeways was also significant in the minds of many of the interviewees for this report. Hati Kururangi,134 identified the building of the Maungatapu Bridge as the beginning of!.!.;:. deterioration of the Waimapu and Rangataua estuaries. According to him: " That's when everything star.. to deteriorate in the Moana. As soon as the bridge went across, it stopped the fish from gc\ing up. It took years, until the 60's, when the patiki would show again. The Rangataua took a long time, don't know why, (perhaps the) change of currents, change of channels, the noise from the bridge (were making an impact). It really knocked the kai out." Effluent and Contaminants Discharging effluent into Te Marae 0 Tangaroa is to violate a tapu. It constitutes a fundamental transgression which evokes an instinctive and culturally embedded abhorrence. According to Kaikino P aralre. 135"... t uk u h' la to raua... 0 ratou paru, te paru 0 nga... nga k amga. k atoa I roto I te ro h e 0 Tauranga, ka tukua ki te tahuna Rangataua." Rangataua is an estuary in which some ecological change has been attributed to the establislunent of the Council Dump and -the/oxidation Ponds at Te Maunga, and to the suspicion, amongst some of the affected hapu and/or iwi (Nga Potiki, Ngati He and Ngati Pukenga), that seepage from the dump site and the ponds is m Kururangi, transcript, C16, parentheses addeds 133 ReJer to the Ngai Te Rangi, Ngati Pukenga and Ngati Ranginui Reports in Part VI ojthis report J3.I ibid 135 P'. B5 aralre, transcrlp~

67 60 inevitable. Thus, the potential exists for kai moana from the estuary to be contaminated with human excrement, therefore, threatening to make that which is noa, tapu, and that which is tapu, noa. For Avy Gardiner l36, the integrity of Rangatana, as a source of spiritual and physical cleansing, has been undermined because of the continual threats posed, in particular, by pollutants, siltation and seepage from the Oxidation Ponds at Te Maunga; "Ka haria katoa nga paru ki reira, ki reira ka tuku iho ki... ki Te Moana NuLA Kiwa. Engari ra, etehi 0 nga paru, ka puta mai I roto I to taua tahuna, te whakapaihana wa tatou kai. Na tenei ke I patupatu nga kai 0 te tahuna".137 Furthermore, Kaikino suggests that the remedy for mitigating the effects which have been observed on Rangataua, is: "... kia whakahokia mai te mana 0 te... tahuna ki a tana, rna taua ano e whakatikatika nga he kei muri." A similar situation exists for the people of Matakana Island. According to Hauata Palmer l38 A sewerage pipeline runs from the mainland" across the Harbour, across the island and out into the ocean", Hauata went on: " Pollution is a big thing... On special occasions we used to go to a certain sand bank in the Harbour because of the quality of shellfish there. Now, because of the pollution, we just don't even bother. At Omokoroa, all of the households are on septic tanks that are just seeping into the Harbour and across our kai moana beds. There's a piggery that's right next to the Wainui River. All the pollution from that goes /_ straight into the river and into the Harbour. It affects our mataitai areas near there.", '\ -, Maemae Kia'sl39 view is: "A lot of things have gone away from the moana. And that's algbecause of the paru of the pakeha you know... bad things going out into the Harbour. I don't say its the Maori (who are) doing it either, its the pakeha chemicals". This is a view shared by Maemae's husband Tongakaiwhare l40 : "You know all those things coming down... pollution, you know, coming down the creeks down all around the Mount there." Tongakaiwhare adds: " (The mataitai are) fighting to survive... even the titikos. Even the pipis around Whareroa there. You know you wouldn't want to eat anything... During the war,... the aerodrome that was their rubbish dump... below Omanu. And all the stuff is still coming out. We used to go there a lot and get herrings. There used to be oodles. But then... when you open their stomachs... you can smell the rust.... :... They're eating different things, shellfish and all those, and its gone right through them." Missy Kohu and Moka:{ Faulkner l41 are of the opinion that the state of the Harbour is being compromised because of flooding and sewerage: " With all this flooding and also the sewerage... thats running 136 In a personal communication with Te Awanuiarangi Black 137 ibid 138 Palmer, transcript, A9 J39 Kia, transcript, Al 0, parentheses added /.10 ibid UI Kohu and Faulkner, A5, transcript

68 61 thrdugh the estuaries... TDD much rubbish going into. the sea. YDU name it, Dil. Tee mlv \ paru." Terry Ratima,142 referring to. his disquiet abdut the quality Dfhis traditidnal foods, stated: " We had pipi beds just down Waipa. (We used to.) go ddwn there when it used to. be rough. They have all gdne, Same as the tuangi. We go. to Motuhoa to. get pipi. They are a bit slimy. I ddn't know, they're just net the same. I think they have an Dutlet at OmokDrDa with raw sewerage cdming DUt of (it) over there. Y DU have a feeling of getting kai mdana Dver there, its not quite right." He went Dn to. talk abdut the smell efthe shellfish - it was off-putting, and so. he wduld ndt eat it. Tipi Faulkner,143 also. expressed CDncern abdut the effect of effluent Dn the receiving waters and rnataitai sites: "... ~... frdm certain prdjects that have never been there before which is creating effluent that is draining into. the HarbDur. As far as tikanga MaDri is cdncerned, sdmething shduld be implemented, that we shduld be Kaifiaki again, Kaitiaki Df the MDana. I kndw the piggery has had a big effect and no. ene is taking ndtice, hypdcritical really. When they want YDU to. do. sdmething, YDU do. They do. ndthing abdut it. LDcal authorities shduld be brought to. bear Dn this, but they ddn't. They let some get thrdugh and Dthers, a rule fdr one and ndt fdr others. Septic tank leaching is a problem. I believe) any effluent that is kndwn Dr becdmes kndwn, should be dealt with." Tipi went on to. talk abdut the discharge Dfwaste frdm ships in the PDrt DfTauranga: "... these ships that CDme into. pdrt, that let their waste over the side and into the HarbDur. That shduld be... pdliced (mdre effectively). That includes putting their waste water straight Dver the side and into. the Dcean. They shduld never be alldwed to. let any ballast water go. in the PDrt. They shduld dispdse Df it Dn the way Dver, w~ (mdnitoring), (So.) that (the ballast water) is well clear by the time they reach the CDast. While the water quality may ndt be actually degraded, the CDncern abdut the health and quality Df shellfish, particularly the filter-feeding Dnes, is CDnstant. With increased urban and industrial sub-deveidpment, and the density of sub-divisions in the area, CDncerns have been raised abdut the kinds of cdntaminants residual in the estuary muds and sands. The cdntaminants Df greatest co.ncern l44 are the heavy metals like mercury, zinc and chrdmium which are cdntained in stdrmwater ruri Dffs frdm rdadways and ddmestic driveways. With an increase in non-permeable paved areas, there is also. a greater volume of stdrmwater discharged into. the estuaries. Thus, the vdlume, density and range Df cdntaminants which run into. the HarbDur increases expdnentially with the rate and size of urban and industrial develdpment around the HarbDur. Herbicides, pesticides;rungicides and fertilisers assdciated with agri-chemical applicatidns have cdntributed, in the minds Df many iwi, hapu and whanau, to the extensidn Df mangrdves into. the estuaries, the increase in sea-lettuce cdntaminatidn and the effect Dn the fdddstdcks as yet andther cdntaminant compdunding the traditidnalleachates Df nitrdus Dxides into. the estuary waters. U2 Ratima, transcript, C3, parentheses added UJ Faulkner, transcript,cl, parentheses added Refer to the Ngati Ranginui Report, in Part V of this report

69 62 Thomas Tata 145 reiterated the impact of green lettuce" It was never here before (and) no, mangroves weren't here before (either). We knew what mangroves were, but they weren't growing like how it is now. They are all over the place. What do you put that down to? It has to be, probably, people, more people coming and people's way of life, and what is coming into the water system, and what's coming down here (to the Waikareao Estuary)." Peri Kohu;46 also had a view about the spread of mangroves: " (They) were not there, its a new thing happening, that's something that's new here. (Its) clogging up (the estuary)... We don't have control of the estuary, we will not allow it to go that far." Tipi Faulkner,147 when talking about land use and management practices and their impact on the Harbour, said: " Sea lettuce. It has a vast effect. It smothers (mataitai sites). (Mataitai) have to have breathing space,... any mataitai, and it smothers them, and also you get more of that stuff (sea lettuce) than damned fish. I'm not too sure whether fertilisers have got anything to do with it, but efforts should be made to find out. They are saying that fertlisers (are) contributing to the problem, but more should be done to find out what... the cause (is), whether that is correct or not... I believe that the landscaping around the orchards interferes with what Nature has planned for that land. All for commercial gain. Once again, and they forget Nature's providence,... something must happen along the line. They have to figure what can happen or might happen. With the technology today, we must find out." r-" 6.2.5,, -;: Riparian Margins Residential sub-divisions and rural land management strategies have led to a progressive enyroachment on, and destruction of, the riparian margins around the Harbour, estuaries and rivers. The loss of riparian margins, through residential development right to the water's edge 148, and the reduction of the margins around rural farmland by stocking and grazing to' the water's edge, has contributed to an increase in the contaminants reaching the receiving waters of the Harbour and estuaries. Without the integrity and diversity of vegetation at that margin, there is a loss of the natural filtering mechanisms 149 which would normally impede the advancement of both silt and contaminants into the Harbour Exclusion From Traditional and Customary Harvest Sites With the housing and residential development close to the water's edge, access to traditional and customary mataitai sites is often d~nied, either because of whakama, or because the members of hapu and whanau are confronted by pakeha r~sidents about their presence close to residential areas. On the landward side, access is denied by housing development, and on the seaward side, the issue of trespass is often a concern for iwi U5 Tata, transcript, C25, parentheses added 146 Kohu transcript, C20, parentheses added U7 Faulkner, transcript, C1, parentheses added U8 afact which is evident in Map #1 U9 refer to Part Ill, p3i of this report

70 63 and hapu members who consequently avoid that area in favour of other sites to which access may not denied, but which are outside their own taiapure. Nepia Bryan, ISO talks about the loss of land close to the coast thus: " Council support access to kai moana (but) they haven't put the road in yet (in the Tuapiro area). Seven homes have been built on reserves. They say there is an esplanade around there, we didn't say (anything) about the esplanade. What we wanted was to assert our right. We don't want a strip ofland around there. We'd rather exercise our rights and say what we want with this land (the reserves which now have houses on them)... (Going) to gather our kai has been impeded by the fear of trespass. That still doesn't stop us. All we want is to go and gather the kai.... and they (the landowners)... are starting to agree as long as everthing is not abused. We are still shut... out of our own areas. Some of the younger couples don't go out thef(~ or won't go down that (right of way) and I say to our people, ' You have got to assert your rights'. They may have made the road down there, but that's our kai. (Our people) understand that... " However, Nepia was aware that the less assertive whanau members and their tamariki and mokopuna may let the traditions lapse because of the challenges oflandowners adjacent to the estuary. While in many instances, the fear of being challenged may only be a perception, the situation nonetheless. risks the severance of the local iwi and hapu from their traditional and customary association with the area. In the end, this has the same consequences for them as the construction of a physical and impermeable barrier. Dudley Walker/ 51 when talking about access to the Kaitimako Stream and Te Tehe estuary, said: " I hate it, because if you look at it, (the residents) are pushing us around. All of a sudden, they've got fences up..-..0; not so bad as a young (person). I'd like to fight, but you get that way now, you're not up with their knowledge, (that) you can fight them with, and there's a risk of getting wild because in your heart you're feeling upset too. Some of the times, I turn around and walk away before I explode. It wouldn't be so bad if we could still go down there and get our mataitai and flounder at night. But how do you get to the patiki bed if there's a fence across the property at night time. You have to sneak across their back lawn." Tei Walker 152 supports this view when he states: " (There are) a lot of changes, (there are) houses where you used to go swimming. The beach is ours and (Pakeha) started building houses (there). The beachfront (access) is gone unless you (approach the beach from) the water. (The beach) is open to everyone. If there is no road down there, then you can't get there. You... feel a bit (uncomfortable) at Lever's Road, you feel a bit self-conscious. They're looking at you to see what you're doing. There was a time when you (would) go in your singlet to get your pipi's, no one was around. Now, you've got to have your shorts, te mea, temea, te mea, so you become more self-conscious and restricted." 150 Bryan, transcript, C'7, parentheses added 151 Walker, transcript, CJ4, parentheses added m Tei Walker, transcript, C15

71 64 PART V

72 65 7 THE BREACHES OF THE TREATY OF WAITANGI, AS VIEWED BY NGAI TE RANGI, NGATI RANGINUI AND NGATI PUKENGA A CONCLUSION The policy of land confiscations, and its attendant patterns of Pakeha settlement, introduced the people of the Tauranga area to Pakeha attitudes, values and practices. These affected not only the use, management and development of land-based resources, but also the use, management and development of Tauranga's Harbour, estuaries and environs. The aspirations of the settlers on the one hand, and the failure of the Crown to protect the Treaty rights of Maori on the other, disempowered the iwi and hapu of the Tauranga District. Their traditional and customary role as kaitiaki was subsumed under Article 1 of the Treaty, and their rights under Article 2 were, to all intents and purposes, ignored. The Crown endorsed the demand-led approach to the growth and development of the Tauranga District, and this approach spawned the institutionalisation of practices which ensured the iwi and hapu were progressively excluded from having access to, and enjoyment of, their traditional and customary resources. The demand-led approach also detracted from the inherent cultural and spiritual role of iwi and hapu as appropriate stewards acting on behalf of Tangaroa. Kawanatanga was not, and still cannot be, a substitute for stewardship under the conditions laid down by Tangaroa. Rather, it has led to the continuous and successive encroachment on, firstly, the lore of Tangaroa, secondly, the relationship of the iwi, hapu and whanau of the Tauranga District with Te Marae 0 Tangaroa, and, thirdly, the fisheries and heritage landscape ofthe Harbc],'-'" itself.. In exercising its own form of stewardship, the Crown failed to recognise, uphold and respect the traditional and customary relationship between the iwi of the Tauranga District and Te Marae 0 Tangaroa, and thus the wairua, tikanga and kawa prescribed for Te Marae ~o'tangaroa, and for Tangaroa's kin, were violated irrevocably. In particular, astatutorily-mandated strategy was employed which empowered the Crown to: marginalisethe iwi and hapu of the district who were seeking to retain the:ir tino rangatiratanga as kaitiaki tuturu in the management and control of the Harbour. The iwi and hapu of the Tauranga District were disempowered through an integrated, systematic and consistent process of: * giving primas:y to the aspirations of the Pakeha settlers; * translatiiigthe priorities ofpakeha into the public interest; * marginalising the customary values, beliefs and position of the iwi and hapu of the area; * depleting the natural resources of the Harbour; and ignore its ultimate responsibility for protecting and enhancing the spiritual and cultural character of the coastal environment. Thus, it facilitated either the destruction, or the desecration, of pivotal markers within that environment, and the systematic depletion of the inner Harbour fishery, including shellfish.

73 66 As a result, the iwi and hapu of the Tauranga area have seen the diminution of an essential spiritual and cultural resource, and consequently their mana, as well as that of Tangaroa, has been trampled. The process precipitated the rapid decline of traditional uses and practices characteristically exercised by iwi and hapu. It further accelerated the attendant loss of cultural skill and knowledge which had formerly served to fulfil the cultural requirements associated with the harvest, preservation and gifting of kai. Tauranga Harbour remains central to the life of the iwi, hapu and whanau of the Tauranga District. In spite of the barriers to expressing their kaitiakitanga over the Harbour, they have retained their whakapapa, spiritual and traditional associations with Tauranga Harbour. However, increasingly, the cultural knowledge and skills which necessarily accompany these links, have been dissipated. There is a disproportionately small amount of support from the Crown, its agents and the Pakeha community generally, for maintaining the benefits and priveleges of the Article 2 Treaty rights of current and future generations of tangata whenua. The Crown and its agents continue to encroach upon the traditional and customary rights of tangata whenua, and the nature and extent of their relationship with the Harbour continues to be ignored. Ignoring the kaitiakitanga of the iwi, hapu and whanau of the area, has had some dire consequences for traditional and customary mataitai sites, for the people themselves and for Te Marae 0 Tangaroa. The iwi and hapu of the area have pointed to the tokenistic relationship they have endured with local councils and/or their representatives, a relationship which, in the opinion of tangata whenua, is inconsistent with their position and status as tangata whenua. 7.1 Breaches Based on the Articles of the Treaty Article 1 of the Treaty of Waitangi has been breached because the Crown and i!f3 agents, in exercising their kawanatanga, failed to recognise, acknowledge and give expression to: the Harbour as part of Te Marae 0 Tangaroa and, therefore, as a taonga for Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga; the relationship between the iwi, hapu and whanau of the District and Te Marae 0 Tangaroa being pivotal to their spiritual, cultural, social, political and economic well-being; and ~. the Harbour enhancing the mana, pride and traditions of each iwi, hapu and whanau which belongs to the area., Article 2 of the Treaty was breached because the Crown and its agents employed strategies which precluded the exercise, by N gai T e Rangi, N gati Ranginui and N gati Pukenga, of their tino rangatiratanga over their taonga. The Crown and its agents: disenfranchised tangata whenua in exercising their kaitiakitanga over Te Marae 0 Tangaroa; excluded tangata whenua from enjoying and protecting their traditional and customary fisheries and harvest sites;

74 67 marginalised the values and beliefs of tangata whenua; and employed an ad hoc approach to seeking the opinions of the iwi, hapu and whanau of the area. Article 3 of the Treaty has been breached because the Crown: facilitated the re-definition of tangata whenua interests to the level of interest group, by failing to accord to tangata whenua whanau and hapu, a stastus and position consitent with their status as tangata whenaua. absorbed tangata whenua into a mainstream Pakeha approach to public policy development and decisionmaking; maintained its strategy of ignoring the advocacy of tangata whenua as they sought to protect their spiritual, cultural and social well-being; affirmed that the majority interest of Pakeha would prevail; and failed to.ensure that their fiduciary duties, in respect of tangata whenua, were fulfilled. Ultimately, the Crown, and its agents, are wholly responsible for the consequences of the Crown's breach of all three written Articles of the Treaty. They must bear the full burden of responsibility for: failing to provide active protection ofte Marae 0 Tangaroa; facilitating development which has degraded the natural and spiritual qualities ofte Marae 0 Tangaroa; ensuring the iwi, hapu and whanau of the Tauranga area carry a disproportionate amount of the spiritual, cultural and social cost of industrial and urban development around and on the Harbour; and excluding tangata whenua from the management and use of the Harbour. - The Crown and its agents are responsible for the effects of siltation, commercial fishing~ development, management and use of the Harbour, the presence of contaminants and effluents in the Harbour, the dissipation of riparian margins, and the exclusion of tangata whenua from their traditional and customary harvest sites. Therefore, the iwi, hapu and whanau of the Tauranga District have been displaced from their position and status as tangata whenua, and this has precipitated their economic, political, social, cultural and spiritual decline..

75 68 PART VI

76 69 8 THE RELATIONSHIP BETWEEN NGAI TE RANGI AND TE MOANA 0 TAURANGA 8.1 Introduction The combined Iwi report represents a co-operative approach by Ngai Te Rangi, Ngati Ranginui, and Ngati Pukenga, to the documentation of accounts, issues, and perspectives, in respect of their treatment by the Crown and Crown agencies in matters relating to the Harbour. The issues and concerns are generally common to three iwi and have accordingly been brought together and presented in the combined report. The purpose of this section of the report is to provide, in summarative form, complementary information to that contained in the combined iwi report, from a purely Ngai Te Rangi dimension. It is intended to assist in further informing the reader of the nature of the Ngai Te Rangi iwi relationship with the Harbour, to what extent that situation has changed, and what the contributing factors in that change have been. 8.2 Patere - Oti Tapu Kei oti tapu te pumautanga 0 Te Rangihouhiri i whaka wananga tia ai e tama Ko koe toku ari ari tanga ko koe toku ruruhau Hoki ana koe kite pa 0 Awanuiarangi Tomuri ana to titiro kite one 0 waihi Kite rerenga ote toto 0 rongo Kite pukenga ote mata 0 rongo Waiho rna Rongomainohorangi hei titi te pou whakairo ite pou matawhaiariki 0 tu Takahia atu ana e awa te ara 0 tona matua I whaka hira hira ai ite kuia nei ia mahanga ite rangi Ko awa ko rongo ko rongo ko tama ko uru Ko koe ra hei whawhati ite parihau ote moana I tau ai te waka Tamatea Mimitl ana te tai he tira he tira he tau a Whano whano E ko kahukura,te manu whaka wa ite mate Waiho ake au'! muri nei te titi ai aku niho Kite toka tipua 0 'poumatapu Kua eke tau a ki moehau kia tutawhiti i kato ai ite pungarehu 0 te ahi a Tamatekapua Tangata 0 Te Arawa I tautari tia ai e ia te mata ote hoe 0 Waimihia Hoki kite manuka tutahi kia hika e moe mai ra

77 70 ite rua 0 Muriwai unga 0 te waka Po Wairaka i raru ai e This patere is commonly used by Ngai Te Rangi as a means of identifying themselves, their connections tc ancestors, including their eponymous ancestor Te Rangihouhiri, and thus their whakapapa to the Mataatm waka: Toroa / Ruaihona / Tahinga ote Ra / Awanuiarangi / Rongotangiawa / Romainohorangi / Rangihouhiri (Ngai Te Rangi) Another commonly used Ngai Te Rangi patere is Kaore Hoki Taku Kanohi. This patere tel\s of a hikoi by Tahurangi of Ngai Te Rangi to Motunau, on to Tuhua, Motiti and then back to Waikorire. It expresses a Ngai Te Rangi relationship with te moana 0 Tauranga and makes specific reference to several well known markers on and around the moana: Kaore hoki taku kanohi kawe kino kite moenga Whaka rika rawa ake nei ko Tahurangi E hoa e hoki koe ki te whenua Kei Motunau ka mihi mai te motu koia ote kuia E tara mai nei e te ngutu Kote rewa ra ite pukai ia Wiremu Kei Waikorire e tau ana mai Me whaka tangi Te Korowhiti kia whiti noa mai Ko Taipari te haer~rrili Kote turika kaumatua Die uta kite kumu ote tipua Ki mata rehua ko Tupaea me whaka tu kite Rawhara ki Tuhua kite maihi Ka tangi te ruru kia whaka kai kite mango Taniwha kia pai te hoki mai na ranga whenua I pupuhi mai whaka uta Noho ana ra ite ko ngutu awa ki nga toru

78 71 tutaki noa ko Rotorua Ko whea e koro ako te tawhai i a kupaki E kokoia e ara e. 8.3 The Arrival Of Ngai Te Rangi In Tauranga Ngai Te Rangi originally resided at Tawhitirahi near Opotiki but were forced to leave there after a dispute with Ngati Ha. Over the ensuing years the tribe, having been relegated to the status of refugees, journeyed throughout, and lived for short periods of time in the east coast area, and at a number of locations along the east coast of the Bay of Plenty, in a period of their history known as lite heke 0 Rangihouhiri". Eventually they settled at Maketu, taking it by force from Te Arawa. In one of the battles for supremacy of Maketu, Te Rangihouhiri, the chief of this tribe of wanderers, was killed. It was after this battle, Poporohuamea, that the followers ofte Rangihouhiri became known as Ngai Te Rangi. Having wrested Maketu from Te Arawa the Ngai Te Rangi people took up residence there. Some years later in retaliation for the death of one of their chiefs, Tuwhiwhia, and his son, Tauaiti, they attacked Ngati. Ranginui and Waitaha pa on Mauao, in a battle referred to as "Kokowai". After taking Mauao, and other pa in the vicinity, Ngai Te Rangi settled the Tauranga area, originally at the eastern end of the Harbour and then extending to the western end encompassing Katikati and Otawhiwhi. Thus heralded the settlement of Ngai Te Rangi in the Tauranga District. This short account does not do justice to the history of Ngai Te Rangi. It is not intended however ti-'~ anything other than a surnmarative narration of the circumstances leading up to the arrival in Tauranga by Ngai Te Rangi and their subsequent settlement in the District. Although accounts vary as to the date from which Ngai Te Rangi settled in the Tauranga District it was well before the first recorded contact with Pakeha. Is cl~ar that they were well established in the area at the time of the first Pakeha contact and also at the time of the Treaty 8.4 The Customary Relationship With The Harbour The underpinning factors in Ngai Te Rangi's customary relationship with the Tauranga Harbour and the other physical and- spiritual elements within their rohe, are derived from essential cultural components including korero, waiata; occupation, and the expression of their rights and obligations in respect of their taonga through observation of, and adherence to, kawa and tikanga Korero (1) The Legend Of Mauao Legend tells of the creation of the Waimapu estuary and what is now the easteljl pm of the Tauranga Harbour, as a result of the mountain, Mauao, being dragged by patupaiarehe 154 down from the hills and out 15J O'Malley & Ward, p6

79 72 towards the open ocean to drown himself after his overtures of love were rejected. Mauao was left stranded where he now stands when thepatupaiarehe, who could not be about in daylight, deserted him after dawn broke. This korero encompasses two of the natural and spiritual landmarks for the Tauranga district, the mountain (Mauao) and the Harbour, and has been firmly embraced by Ngai Te Rangi as korero for two of the taonga that links them wit~ and ties them to, the district.. It matters not that the korero pre-dates Ngai Te Rangi occupation of the area. What is relevant is that the korero has been embraced by Ngai Te Rangi and legitimately forms part of their attachment to, and acknowledgement of the creation of essential elements in their environment (2) The Tainui Waka And Wahinerua Tainui history records the Tainui waka calling in to the Tauranga area, prior to its occupation by Ngai Te Rangi, Ngati Ranginui, and Ngati Pukenga, during its migration. In attempting to enter the Harbour at the Mauao end the waka became stuck on a sandbar and despite the efforts of its commander, Hoturoa, and crew it could not be dislodged. Hoturoa, on deciding that the Gods must be angry, ordered an old woman to be thrown overboard as an offering. After this was done the Tainui waka became dislodged from the sandbar and was able to float free and enter the Harbour safely. ;'; This event, while not necessarily being of any significance in the history ofngai Te Rangi itself, is however regarded as being of particular significance in terms of cultural values associated with the Tauranga Harbour. It is therefore acknowledged, not just by Ngai Te Rangi, but by all of the Iwi of the district,through to the present day. It is most commonly referred to in tauparapara used by orators from this' area: Papaki tu ana nga tai ki Mauao I whakanukunukuhia i whakanekenekehia I whiua reretia e Hotu A Wahinerua ki te wai Ki taiwiwi ki taiwawa Ki tai papaki ona tu Ki tewhai ao Ki te 30 marama Use of the tauparapara~',recounting that event, is another way Ngai Te Rangi signify their relationship and identity with the Ta\lrahg~ District, and with the Tauranga Harbour. The fate ofwahinerua, the kuia who is said to have been thrown from the Tainui waka, is also acknowledged in another ritual common to the iwi of the district, and which is also observed by Ngai TeRangi. A rock at the entrance to the Harbour and at the base of Mauao is named te kuia,and represents the old woman /5-1 fi.. alrles

80 73 Wahinerua. 155 In a custom that has as its origins the same motives as Hoturoa when he ordered Wahinen.~. be thrown overboard; that is, the appeasement of the atua and a safe passage in and out of the Harbour, local iwi, through to the present day make offerings to te kuia rock. The significance of this custom is that entry to, and exit from the Harbour is overseen by atua, inferring then that the Harbour has special significance, and is sacred Waiata Waiata have customarily been one of the most commonly used means of recording events, relationships, and histories. Many Ngai Te Rangi waiata have, or include, the Harbour as significant components in them. Two well known waiata used by Ngai Te Rangi, and that have significance in tenus of the Harbour are Tera te Marama an5itamarangi 1S6 Another significant waiata for Ngai Te Rangi hapu is Kapokapo Kau Ana Te Whetu (He tangi mo Te Korohiko): Kapokapo kau ana te whetu i te rangi Ko meremere ano taku e hiko atu Tauhokia ana Kopu i te ata Ko taku teina tonu tenei ka hoki mai Taku tau kahurangi ka makere i ahau Naku i tuku atu i te hina pouri Nga titahatanga i waho te Tahua E whano ana ra ki te kawe a riri Kia tu mai koe i mua i te upoko I te whana tuku tahi i te nui Ati Tahu Kia puhia koe te ahi a te Tupua Kia w'h:akamuraia te paura 0 tawhiti Kia whakatauki au e he mamae ra i! - Haehaea koe ki te maihi a tukua Kia rewa to hinu ki roto 0 Kaituna Iri mai e Pa i runga i te atamira Kupa mai e te h(,a kia rongo atu au I te takiritariga~tite ata na i Me whakahoki koe nga mata tahuna I waho 0 Tauranga rna 0 potiki Koe e hurhuri iho to kiri rauiti 155 Kihi Ngatai, giving evidence in 1995 before the Planning Tribunal hearing in Tauranga which wasconsidering an appeal under the Resource Management Act in relation to high rise residential development at Mauao. 156 Refer to Parts I - V of this report, and to the Ngati Pukenga - Specific Report, section 8

81 74 To mata i haea ki te toroa a tai He toroa tataki no runga i Karewa na The waiata is by Tupaea, chief of Ngai Te Rangi, and was written as a lament to his younger brother who was killed when fighting against the colonial forces. The waiata makes reference to his body being taken back to Tauranga, his home. 8.5 Occupation And The Expression Of Rights At the time of Pakeha contact there were quite specific and accepted patterns of occupation and use of the Tauranga Harbour by the three lwi. 157 These patterns of occupation, although subsequently influenced in the post contact period by musket raids from the Hauraki and Nga Puhi tribes 158 and also as a consequence of Pakeha settlement were recognised, and accepted by each iwi and hapu. Settlement ofngai Te Rangi hapu in the district took place at the eastern end of the Harbour around Mount Maunganui and Whareroa, Te Tahuna 0 Waipu, Te Tahuna 0 Rangataua, Te Papa, Otumoetai, Matakana, Motuhoa, and at the western end at Katikati and Otawhiwhi. On the basis of their occupation of a particular area, Ngai Te Rangi, Ngati Ranginui, and Ngati Pukenga, who were all resident in the Tauranga District at the time of first contact with the Pakeha, were able to exercise rights in respect of the resources in and around that area. Each hapu then, had specific mataitai ';,,) grounds and rohe ki te moana (Harbour territories) over which they were able to exercise rights 159. While hapu had specific and accepted territorial rights, it is clear that there were also matait~i grounds that were used by more than one hapu, the common sharing of these grounds usually being accommodated based on whakapapa. Ngai Tuwhiwhia, Ngati Tauaiti, Ngati Tapu, and Ngai Tuka~rangi for example, all harvested kai moana from Pane Pane 160 as well as from their owfl discrete mataitai grounds.... Ngaiterangitanga, the essence of being Ngai Te Rangi, their customs, diets, and values, were all heavily influenced by the Harbour, estuarine and coastal environment. This was, after all, a resource on which they were almost totally dependent Te M.oana 0 Taur~l!ga, Hei Kete Kai The harbour was the primary food source for Ngai Te Rangi. Oral and written accounts confirm that all of the hapu were almost'i,p!ally dependent on the Harbour as a food source and that kai moana formed the staple diet ofngai Te Rangilintil well into this century. 1$7 Stockman, Palmer, Ngatai, transcripts IS8 Ka h otea D., pj3 1$9 Ngatai, transcript, AI, Stockman, transcript, A2 160 Stockman, transcript, A2

82 75 Maemae Kia of Ngai Tuwhiwhia, Ngai Tukairangi, in providing recollections of life on Rangiwaea ~~ld Matakana Islands, recalls how the people "... depended on the sea at all times..,,161 ~.,t The late Hohua Tutengaehe, Ngai Te Rangi kaumatua from the Ngai Tauwhao, Ngai Tuwhiwhia and Ngati Tauaiti hapu was quoted 162 as saying of his predecessors ",.the old people were part of the sea just as the sea was part of their lives.." He recounts examples of how this interconnectedness between Ngai Te Rangi and the Harbour was typified: "... they could tell by the ripple or the crease in the water just what kind o~ fish were about. The kahawai, tamure, haku, pioke all made their own distinctive ripple above the surface of the water. They could also determine the kinds of fish by the breed of bird that rushed to the sea. Certain birds have their own tastes for certain fish. Imagine if you will, these people choosing the kind of fish for their next meal because of their affinity with the sea...,,163 Tongakaiwhare Kia of Ngai Tukairangi, recalled how his grandfather, Teira, was such an expert in his knowledge and practices of catching fish, that he was nicknamed "Fin"164 "He could tell everybody when to, go down there and what to go for and where to go... " The ability of the harbour to sustain as their primary food source until well into this century, the hapu communities from the western end at Otawhiwhi to the eastern end at Te Tahuna 0 Rangataua, is unquestioned. There is no doubt that the harbour was abundant with kai moana. Ngai Tauwhao of Otawhiwhi give accounts of eating kai moana for "... morning, lunch, and tea..,,165; Ngai Tuwhiwhia :--~ accounts of fish being so plentiful, tamure was herded into the shallows on horseback and pitchforked into a waiting wagon for distribution to families across Matakana island 166 ; and Ngai Tukairangi of nets being so full of fish that they had to be cut open or untied to release some of the catch. 167 ' What typifies the Ngai Te Rangi acknowledgement oj the abundance of kai moana in the Harbour is the recollection by Tongakaiwhare Kia of the stories told to him in front of the fire by his elders. One such story was that there was so much fish in the Harbour that allone had to do was to "... just go down to the beach and whistle out a~d the snapper used to come ashore.." Such was the level of interaction with the Harbour as a food source, that many places on or around it were named to identify their significance. One example is Te Taumata Kahawai, a vantage point on the hill on which the Tauranga Redoubt is sited. This vantage point was used to spot the movements of schools of kahawai which were then harvested I 69. Another is Te Papaunahi. Te Papaunahi is the old name for the area 161 Kia, transcript, A 10:,. 162 Matakana Island Te whakdruruhau 0 te moana 0 Tauranga, p ibid 16-1 K' la, transcript, "AIO 165 Kohu and Faulkner, transcripts, A5 166 Palmer, transcript, A9 167 N' gatm, transcript, "AI 168 K" la, transcript, "AIO 169 ibid

83 76 on which the Rangiwaea Marae stands. Unahi means scales, signifying that the area was renowned for fish. 170 The people of this marae were also associated with Otawhiwhi, and it was from there that they used to row to Tuhua to fish for hapuku. ~ ~' Other Aspects Of The Relationship The extent of the Ngai Te Rangi relationship and, hence interaction with, the Harbour was not restricted to its value as a food source. The expression of rights that accompanied those patterns of Ngai Te Rangi occupation on and around the Harbour were also manifest -in some practices of burial. Hohua Tutengaehe recalls Te Rehutai -Menehira, one of the last Ringatu tohunga at Rangiwaea who observed the practice "... takahi nga tupaapaku ki roto i te re~o..", following which he would, after a time collect the bones and rebury them in sand dunes at Panepane Tikanga and Kawa The observance of tikanga and kawa were fundamental to the structure and order of Ngai Te Rangi society _ and, in respect of the Harbour, they were essential requirements to being able to exercise both rights and -responsibilities in the use and management of its resources. (" >"... \ /i These rights and responsibilities were both to people, nga tangata, and to the resource, he taonga. They manifested themselves in such ways as the right to use the resource, for example to take kai, and the right to restrict access to the resource. These rights were balanced on the other hand by a responsibility to conserve and sustain the resource, and a responsibility or obligation of manaaki ki te tangata. \ The responsibility, for example, to conserve and sustain the resource meant that when kai moana was gathered only that which was enough for their particular requirements was harvested. It also meant that certain species were not gathered at particular times of the year and that the mauri of the resource was to be protected by the strict observance of tikanga and kawa, common examples of which include a ban on women collecting shell-fish at certain times of the month l72, not mixing human waste witn water, the observance of a rahui or ban on the collection ofkai moana imposed when-someone drowned l73, and so on. Tongakaiwhare Kia and Maemae Kia recall how the ethic of conserving and sustaining the resource was practiced. TQngakaiwhare recalled how his elders were very particular about taking care of the food source and how on olle occasion in his youth, he was punished for catching more tamure than he and his family could eat. He also recalls that kina and paua were harvested from the waters at the base of Mauao at a certain time of the year, an~_~.,e then left to rejuvenate over the winter period, Matakana Island Te Whakaruruhau 0 Te Moana 0 Tauranga, p ibid m Dickson Whanau. transcript, AB l7j ibid m Kia, transcript, A 10

84 77 The right to restrict, or even deny, access to a resource was usually the expression of the territorial hgrtt, based on occupation, and control, of an area. These territorial rights, frequently referred to as rangatiratanga in the context of control over an area, also applied to the Tauranga Harbour. Although the area around the Harbour was occupied by three iwi, and consequently a number of hapu, there were quite distinct territories and territorial rights in respect of the use of the Harbour and which were understood and acknowledged by all of the tribes 175 K.ai moana was bountiful and available extensively throughout the harbour and it was not often that a hapu or whanau would have to venture outside their own areas to gather kai moana. When this happened, there were however protocols that had to be observed. These protocols, apart from what we would call simple courtesy today, were an acknowledgement by the person or group seeking to take kai moana from an area other than theirs, of the right of rangatiratanga of the host over that particular mataitai ground. Taiaho of Ngai Tukairangi required people wishing to take kai from his mataitai beds to seek his permission first. In giving his permission there was an expectation of reciprocity, in that he would expect the favour to be returned to him one day176 A protocol that was used by some tribes from outside the district wishing to harvest kai moana in the Nga Potiki rohe was one of not seeking permission by specifically asking, but by demonstrating to the Nga Potiki hosts their peaceful intentions. In this respect, the visiting group would camp by the moana and in a position - where Nga Potiki could observe them in order to determine whether their intentions were hostile or nil!. After periods of sometimes. up to three days, the visitors would then proceed to harvest kai moana, ;~ absence of any warning or notification from Nga Potiki during that period of waiting, implying Nga Potiki's consent to their actions l77 These are but a few examples of the essential nature of the Ngai Te Rangi relationship with the Harbour. It was not a commodity available for exploitation, but was a taonga that underpinned their cultural essence. 8.6 PostT,l,-"eaty Alienation and The Breaches of The Treaty ofwaitangi from The Perspective of Ngai Te Rangi The substance of the claim from Ngai Te Rangi in respect of the Tauranga Harbour revolves around the loss of the ArticleU right of rangatiratanga, and that the actions of the Crown and Crown agencies in the use, development; and management of it have resulted in the destruction oftheir relationship with the Harbour. The assertion is that tli~ Crown failed in its responsibility as a Treaty partner to ensure that the Article II rights of Ngai Te RangYwere protected 178 It is also the Ngai Te Rangi view that the responsibility for the acts of denigration of the "Harbour and, hence, the impact on Ngai Te Rangi's relationship with it, rests with /75 Ngatai, AI, Paraire, A4, Stockman, A2, Palmer,A9, transcripts /76 Ngatai, transcript, A I /77 Paraire, transcript, A4 /78 D" IC ks on, transcript, " A6

85 78 the Crown, since it was the Crown who put into place the legislation and processes that allowed it t( happen I 79. Under Article II of the Treaty, Ngai Te Rangi had the right to undisturbed possession of the Harbour, theij taonga, and the Crown, in assuming that its Article I right of kawanatanga extended to the use, development and management of the Harbour, had an obligation to ensure that the rights and interests of N gai Te Rang: were protected. As the combined iwi report points out, it was never the intention of the iwi todeny Pakeha access to, or the use of, the Harbour. At the least however, Ngai Te Rangi would have expected in return that their relationship with the Harbour,,which encompassed both the physical and the,spiritual dimensions of their culture, would not only be recognised and acknowledged, but also actively provided for. That this has not been done has resulted in the denigration of the cultur~, of the traditions, and of the customary relationship that Ngai Te Rangi enjoyed with the Harbour. It has also resulted in the inability of the iwi to exercise the fundamental cultural ethic of stewardship of the resource and the rights and obligations that brings. The actions of the Crown, and their agents have had a detrimental impact upon: The ability ofngai Te Rangi to maintain their culture, traditions and practices in respect of the Tauranga..-, Harbour, thus enabling them to maintain an active relationship with their taonga; The existence of once substantial and significant mataitai grounds, and attendant kai m0'41a through: * development of the Port of Tauranga, with the resultant deepening and widening of navigation and berthing channels, reclamation of substantial areas of the Harbour bed at Mount Maunganui, and Sulphur Point. The dredging of channels, reclamation of Sulphur Point, and port industry development have consistently been identified by Ngai Te Rangi as one of the principal contributors to the loss of kai moana, and mataitai grounds 180. * the draining and filling in of significant wetlands for residential, commercial, and industrial use. The drainage of a substantial wetland at Whareroa for airport and industrial use was, identified by the Chief Executive of Te Runanga 0 Ngaiterangi as being an action which impacted on the harbour. 181 The significance of the wetland to hapu is recorded in oral accounts. given by Kihi Ngatai, Tureiti Stockman, Tongakaiwhare Kia and Te Tautahanga ',"'\.82 Dlckson- ',; /79 PI' a mer. transcript, A9 180 Palmer, A9. Ngatai, AI, Dickson,A6, Kia.AIO, Dickson Whanau, A8, transcripts Jlil D' ks. A6 IC on, transcript,. 182 Ngatai, AI, Stockman, A 2, Kia, AIO, Dickson Whanau, A8, transcripts

86 79 * the discharge of effluent and other contaminants into the Harbour. Discharge of effluenc Jas highlighted by Hauata Palmer ofngai Tuwhiwhia at Matakana Island, and Missy Kohu and Mokai Faulkner of Ngai Tauwhao at Otawhiwhi as being major issues for their respective hapu. The effect on Ngai Tuwhiwhia has been that some of their once prized mataitai grounds are no longer harvested;183 and. * the destructive effects on mataitai grounds as a consequence of the loss or re-alignment of channels and changes to tidal characteristics caused through the erection of structures such as road and rail bridges, and causeways. The feelings ofngai Te Rangi about the effects of the developments on and around the Harbour, and hence of the Crown's actions in the destruction of their relationship can best be summed up by quotes from three Ngai Te Rangi kaumatua: "Oh well, you can't get a bloody fish here now." - Kihi Ngatai 184 "A story has been that you could catch 14 hapuku on the one line. That story of fishing will be just a memory now." - Hohua Tutengaehe 185 "There's a breach of the Treaty alright Maori lived on and off the Harbour. The Pakeha's didn't. The Crown's taken all of that away from us." - Hauata Palmeri Palmer. transcript, A Ngatai, transcript. A I 185 Matakana Island Te Whakaruruhau 0 Te Moana 0 Tauranga. p Palmer. transcript. A9

87 80 9 THE RELATIONSHIP BETWEEN NGATI PUKENGA AND TE MOANA 0 TAURANGA Te Tahuna 0 Rangataua. - A Paten: composed by Hokorua Himiona and Wiremu Ohia E noho ana au i te papa 0 taku tahuna, Rangataua; Te Tauranga 0 nga waka; Titiro runga ki taku maunga, Kei Otawa, ko te Takakopiri, Ko te Kahureremoa. Kei Pukemiro te hua 0 a raua kai, Rari noa mai, Whai iho ki to raua horoi kiri, Kei Te Rerekawau, Whakaheke iho i te au 0 Kaiate, Hono atu ki te awa 0 Waitao, Te taonga 0 a raua kai. Whakapae atu ki Paepaekohatu, Papa Mahue, Te nohonga 0 te tini, o te maha, o Waitaha e. Tu rangatira a Kopukairoa, Titiro iho kia Maunga mana, E awhi ra i a Tamapahore, I a Tahuwhakatiki, Me Whetu-o~te-Rangi, Nga marae n~hoanga, o nga mana 0 nga Papaka 0 Rangataua. Whakawhiti atu au te awa 0 Waitao, Ki N gapeke-e-maha.~ '/(' Tirahatanga 0 taku kuia';, Rahera Te Kahuhiapo, Whakawhiti atu au ki Otukopiri, Moenga roa 0 te maha 0 Ngati Pukenga. Whakawhiti atu ana au ki Te Tokitoki, Ekenga 0 te korero, Te ika huirua a Hikapa.

88 81 Awhio atu au te tahuna 0 Rangataua, Ki Te Hu-o-te-Tuhi, Puahanga 0 nga roimata mahana 0 taku wai ariki. Titiro runga au ki Te Auhi, Whatoro iho ki Te Oue, Ki TePuru, Nga papa mahue, Aue te mamae e! Tipoka atu au ki Te Maire, Hikoi atu ki Maungatapu, Pa 0 Te Ariki, Ko NgatiHe, Takahi atu au ki Popoti ki te Ngaio. Hurl ake au kei Waikari, Ko Tapukino, Kei Hungahungatoroa ko Tapuiti, Huri atu au te mutunga 0 taku haere kei Oruamatua, Kainga mahue, Ekenga 0 te tauki, Paruparu te kai, Tu taniwha te tangata, E kokoia, E ara e! 9.1 Introduction This section of the report traces the history of the relationship between Ngati P~k~nga and the Tauranga Harbour. It also encompasses aspects only of the joint relationship which Ngati Pukenga, Nga Potiki and Ngati He have had with the Harbour. The rationale for this approach is that the three live in close proximity to each other, and share a common whakapapa as well as a common relationship with and history of use of Te Moana 0 Tauranga, in particular Te Tahuna 0 Rangataua. This section does not purport to establish, in its entirety, a full description of the relationship Nga Potiki and Ngati He have separately with Te Moana 0 Tauranga and with Te Tahuna 0 Rangataua. Rather, it includes coverage of Nga Potiki and Ngati He as. members ofnga Papaka 0 Rangataua, a membership they share with Ngati Pukenga. Rangataua is located in',the eastern reaches of Tauranga Harbour, with Ngati He on the land adjacent to the westernmost end ofrahgataua, Nga Potiki to the south east and Ngati Pukenga in the south. IS7 18- I Refer to Map # 2

89 !' 82

90 -

91 / I '" v/ ~ MAP #, THE TAU RAN';;HARll OUR, AND DISTRICT ' KEY I '. t fauran~a KAflKAfl 1. Mauao enf~ange 2. Otawbiwbi 3. Tuapiro 4. Te Rereatukahia, 5. Tawbitinui 6. Paparoa 7. Tutereinga 8. Poututerangi 9. Motuhoa 10. Wairoa 11. Peterehema 01' 12. Otumoetai HAROOuR 13. Huria 14. Hairini /. 15. Waimapu 16. Maungatapu 17. Waitao 18. Tahuwhakatiki 19. Te Whetu 0 Te Rangi 20. Tamapahore 21. Hungahungatoroa 22. Wbareroa e A Y 0 f? ~ ~ N f Y 23. Waikari 24. Rangihouhiri 25. Opureora 26. Kutaroa 27. Rangiwaea 28. Opounui Omokoroa Be~ f~ Sc:: EQ () 0 fill (') J~

92 ~.., ~ "

93 Ngati Pukenga, Nga Potiki and Ngati He - Nga Karanga Maha The Mataatua Connection Kiwa = Irakewa = Wekanui Taneatua Toroa Paewhiti Ruaihona Te Tahinga 0 Te Ra = Wairaka == Maiurenui Awanuiarangi Tamateakitehuatahi 188 Rongotangiawa Tanemoeahi -'\ P~kenga Whetu (Ngati Pukenga) Tuhokia Te Aomatapiko Romainohorangi = Tuwairua Tamapahore (Nga Potiki and Ngati He) The Mataatua l89 waka arrived at Whakatane, and while there, Toroa and Puhi quarrelled with the result that Puhi left (eventually arriying in Te Tai Tokerau), taking the waka with him. Toroa, on the other hand, stayed in Whakatane and he~"al}d Muriwai's descendants peopled the Bay of Plenty. It was in the time of Rangihouhiri and Tamapanore that Ngai Te Rangi was established. This was also the time when Pukenga's descendants came to the Tauranga area. It was at Katikati that Muriwai claimed the area"mai Nga Kuri a Wharei ki Tikirau" as the boundaries of the rohe of Mataatua. 188 Tamateakitehuatahi married Paewhiti 189 P' L( rlvate manuscript

94 The Taakitimu Connection Tamatea Arikinui Rongokaako Tamateapokaiwhenua Whaene Ranginui Kahungunu Taka Hourangi Te Uiraroa Tutereinga Kuraroa Takau Rongotangiawa Horomanga..., Romainohorangi Tamapahore Pouriao Punakiao Tahuwhakatiki Once the Taakitimu waka had made landfall in Tauranga, the "mauri" was planted on Mauao and Tamateaarikinui built his pa on Maungamana where his children grew to maturity. Due to an incident at Otira, Kahungunu moved to Hawkes Bay while Whaene and Ranginui remained in Tauranga p'..,. rlvate manuscript

95 The Te Arawa Connection Hei Waitaha Taiwhanake Manutohikura Te Aoterangi TeAorewa Te Naia Te Waiokehu Takakopiri Tuparahaki Te Iwikoroke Kumaramaoa Taahuwhakatiki Hikapa As Te Arawa journeyed past Tauranga, the land was claimed by Hei for his son Waitaha. This claim, however, was not activated until two generations later, in the time of Taiwhanake and Manutohikura, when Taiwhanake assumed the mantle of leadership. The Ngati Ranginui and Waitaha people lived together, and during the time of Te Iwikoroke and Kumaramaoa, Kuml!lIail).aoa's descendants held sway over the Rangataua area. When Rangihouhiri and Tamapahore's peopl{/futived in Tauranga, many battles were fought with the original Ngati Ranginui and Waitaha inhabitants Tamapahore and N gati Pukenga concentrated their efforts in the Rangataua and Papamoa areas, but there were no decisive engagements in this area since Waitaha were never driven out of the afea in any thorough way - intermarriage was the most decisive factor. J9J P' rlvate M anuscrlpt.

96 Nga Potiki and Ngati He According to Hone Ohia 192 both Nga Potiki and Ngati He were, at one time, known as Nga Potiki. Furthennore, the people located at Te Tokitoki were known as Ngati He, and those located at Ohotutaihi 193 were known as N gati Mateika. Each of these groups was numerous even at the time when land confiscation occurred,194 and each had a number of hapu of its own. The members of t~ese groups lived in Rangataua under various other hapu identifications - Ngati He included whanau known as Ngati Rurea, Ngati Whainoa, Te Whanau Whero, Ngati Rakei; Nga Potiki could be identified as NgatiPuapua and Ngati Mateika, and Ngati Pukenga as Ngati Whakina, Ngati Te Matau, Ngati Te Rakau, and Ngati Ha, to name a few. For many generations these groups located themselves close to the Harbour to meet their spiritual as well as their physical needs. The two Nga Potiki marae in The Tauranga District are Tahuwhakatiki 195 (also known as Romai) and Tamapahore l96, while the Ngati He marae is Maungatapu Ngati Pukenga Hamuti wera, nilto tete Patu kai tangata Tawera Te Whetu Marama 0 TeAta Ngati Pukenga were a nomadic mercenary-type tribe who fought and lived in many areas of the North Is~a. They were hired for their prowess as warriors and were called upon to assist in disputes far and wide such as when they helped to avenge the death ofte Puhi ofngati Maru, and when the dispute betweep. Ngati He and Waitaha and Ngati Rangiwewehi, and again at Haowhenua in the dispute between Ngati Maru and Ngati Haua. N gati Pukenga originated at Ohaua, Owhakatoro in the Ruatoki district. From Ruatoki, they moved to Omarumutu'.and Waiaua at Opotiki, where they were known as Ngati Ha. 198 There were troubles there between Ngati Ha and Romainohorangi's family, which resulted in the expulsion of the latter. Later on, however, Ngati Ha were asked to assist Romainohorangi's people in battles that followed, and these people were the predecessors of Ngai Te Rangi. At different times, Ngati Ha lived at Ohiwa (Whakatane), Te Awa 0 Te Atua, Maketu, Haowhenua, Manaia (Coromandel), Pakikaikutu (Whangarei), Kaitaia, Otaua (Hokianga) and Tauranga. Tauranga became known as the kaainga matua'qf~aukaainga, since it was the place to which Ngati Ha returned most often. 191 p' riva t e manuscript,.r. 193 refer to Map # Te Awanuiarangi Black, in a personal communication with Rahera Ohia, J S refer to Map # ibid 197 ibid 198 P...r. nvate manuscript

97 88 Tauranga, and Rangataua in particular, was settled by Ngati Pukenga continuously for seven generations from the time of Tamapahore through to the time of Motuhia. Motuhia married Te Rangitawiri who banished Ngati Pukenga from Tauranga. Inspite of being banished, a presence was nonetheless maintained for approximately one and a half generations, at which time (1853) Ngati Pukenga returned to Tauranga for good. Ngati Pukenga is settled on the Ngapeke block which is adjacent to the south eastern end of Te Tahuna 0 Rangataua. Te Whetu 0 Te Rangi is the sole Ngati Pukenga marae in Tauranga and is also located on the Ngapeke block. The two specifically Ngati Pukenga urupa are Otukopiri and Ngapeke. 9.5 Nga Papaka 0 Rangataua Although Ngati Pukenga, Nga Potiki and Ngati He are discrete iwi and/or hapu entities, they are closely bound by whakapapa and have occupied the area surrounding the Rangataua basin since the 1700s. When seen together, the whakapapa above, establish clear and irrevocable links between the three. /' '\ -f There are other reasons for and examples of the close allegiances which exist between Ngati Pukenga, Nga Potiki and Ngati He. Collectively, the three groups are referred to as "Nga Papaka 0 Rangataua" (the crabs of Rangataua/ 99, and when they venture out of the tahuna to other marae in The Tauranga District and further afield, this is the pepeha which is customarily used to identify and address them in whaikorero. There are two schools of thought about the origins of this pepeha - the first refers to a battle which occurred on the tahuna between Oruamatua and Otiepa. and the crab-like movements of one hapu across the tahuna. \ The second school of thought asserts the pepeha derives from Te Waharoa of Ngati Haua. Te Waharoa visited Tokitoki Pa 200 to recruit some of the hapu to whqm he was related, and during his whaikorero he alluded to the large numbers of people who had settled at Rangataua: "Ngaro noa te tangata, wailw ma Nga Papaka 0 Rangataua e mild" - when the men have gone, let the era b so ifr angataua greet t I te VISItors. K al 'k' mo P aralre., S VIew. 202 IS: "I a au e taman 'k' 1 ana, te tah una 0... T e R angataua,... I nga wa 0 mua,... me hoki pea ki nga whakatauki..... A, te whakatauki nei,... mo te tahuna 0 Te Rangataua. N ga papaka 0 Rangataua, he' paruparu te kai, he taniwha nga tangata.... Tera nga Papaka 0 Rangataua, e kiihia nei, rite tonu te... nui 0 te tangata i runga i te whenua ki nga papaka... papaka 0 te tahuna, te tini 0 te mano 0 te papaka I runga 0 te...:,tahuna, rite tonu ki nga tangata e noho ana I te tahuna, I te tahatai.". ".. ~,';':,.,: ~- This pepeha, as a source of identification, is also reinforced in the waiata "Te Tau 0 Mataatua" thus: /99 ibid 200,I: ReJer to Map # Private Maunscript 202 P' aralre, transcript,

98 89 Tera taku waka ko Mataatua Ka u ki te Tairawhiti Mai Nga Kuri a Wharei - ki Tikirau I hoea e Puhi ki te Tai Tokerau Ki Hokianga whakapau karakia Kei reira a N ga Puhi Kei reira Te Rarawa. Ka hoki nei au ki te Tairawhiti Kei Tikirau ko Kauae tangohia Kei Te kaha ko te tini 0 Tukaki Kei Torere nui ko Ngai Tai Kei Omaruw.utu ko Tutamure Kei Opotikiko te Whakatohea Kei Maungapohatu Tuhoe Potiki Moumou kai, moumou taonga Moumou tangata ki Po. Ka hoki nei au ki te Tairawhiti. Whakaheke ite au orangitaiki Ki a Rangiheuea, kia Ngati Awa Kei runga te korero, kei raro to rahurahu Kia mihi au ki te manuka tutahi Kureitanga ra 0 Mataatua Ki taku kuia ki a Muriwai Whakahau ake nei kia Whakatane au I ahau Kei Paroa Taiwhakaea Whakaea ana koe mai he taniwha Pukanakana mai koe he paruparu Upokokohua te mataku e. Ka hoki nei.au ki te Tairawhiti Kei Tauranga ra Ko Ngai Te:~angi, Ko Ngati Ranginui Ko Ngati Pukenga Ko Nga Papaka 0 Rangataua Mai Whareroa ki Maungatapu Puta noa ki te Rereatukahia The Tauranga District, Tauranga Tangata Ko Rauru ki tahi e ;:. '~';. The Papaka continues to symbolise the hapu around Rangataua in a range of social and political activities, including the Rangataua Rugby Club (Maungatapu), the Tahuwhakatiki Sports Club (Welcome Bay), and the Te Runanga 0 Nga Potiki Hapu (Welcome Bay). 9.6 "He paruparu te kai, He taniwha nga tangata"

99 90 This pepeha refers again to the battle on Te Tahuna 0 Rangataua referred to in footnote? During the prelude to this battle, one of the opposing hapu observed what they believed to be a taniwha eating mud from Te Tahuna 0 Rangataua in the early dawn light. One of their number suggested they should attack and slay the taniwha, but others were not confident of success. Thus, in the end, all were persuaded to retreat. Once the sun had risen fully, it was discovered that the "taniwha" was actually a group of men in the opposing force and they were eating titiko (mud snails) which they had found irresistible. Kaikin o P araire. 203 h as yet anot hi' er exp anation: "Ka hoatuhia tera korero ki a ratou, na te mea ka kai ratou i... tenei m~a te titiko, mehemea kare koe e kai tika, he kai tenei e kii... tonu I te... onepu... Ka kii... nga iwi 0 tuawhenua, e, na te mea e kii... ana, kei te kai... onepu ke ratou, kei te kai onepu. Na reira, ehara ratou I te tangata, he taniwha ke. Ka.... mau nei te korero nei, Nga Papaka 0 Rangataua, he paruparu te kai, he taniwha ngatangata." 9.7 Nga Tohora E Toru. Mythology has also played a significant part in the relationship between Ngati Pukenga, Nga Potiki and Ngati He. The mythology associated with Maungamana, adds further to the sacred nature of the site that became the quarry. Maungamana has played a significant part in the history of Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga. It alsq fostered the strong sense of spirituality, solidarity and unity amongst Ngati Pukenga, Nga Potiki and Ngati He. A well-known korero about the area is Te Wehenga Kauika (The :~-: School of Whales), or Nga Tohora e Toru (The Three Whales). The three maunga koren), Kopukairoa, \..' Maungamana and Hikurangi, are said 204 to be the remains of a pod of whales drawn into Rangataua by the scent of a sacred spring of water. The whales drank from the spring and were transfqrmed into the maungakorero which have been, and continue to be, revered by Ngati Pukenga, Nga Potiki and Ngati He. It is further said 205 that many kaumatua still believe the mauri of whales resides in Rangataua, particularly since whales have been known to become stranded there in the past. 206 A common explanation for this phenomenon is that the whales came to taste Te Wai U 0 Te Tohora (the whales' milk) one last time?07 Collectively, Kopukairoa, Mauilgamana and Hikurangi are known as Te Wehenga Kauika or Nga Tohora E Toru. The whales continue to be upheld as a source of identity and spiritual strength for Te Kura Kaupapa Maori 0 Otepou and for a local kapa haka group known as Tutara Kauika ki Rangataua, both of which draw their tauira largely, if not exclusively, from Ngati Pukenga, Nga Potiki and Ngati He. 9.8 The Customary:Relationship Between Ngati Pukenga, Nga Potiki and Ngati He, and Te Moana o Tauranga'.~ 103 ibid 204 G d". B8 ar mer, transcript, 205 ibid 206 ibid 207 ibid

100 91 Ngati Pukenga, Nga Potiki and Ngati He all assert their right to act as kaitiaki for Te Moana 0 TaurangL. j a whole, and for Te Tahuna 0 Rangataua in particular. They are the people who are regarded as the kaitiaki for the Rangataua Estuary and, at the same, their pito have been placed adjacent to it, their people are buried beside it and many of their tupuna lost their lives on or near it. The estuary and the Harbour as a whole are enduring sources of identity and pride as expressed through patere, waiata, pepeha and pakiwaitara, and as symbolised on the mahuhu and. tukutuku of the whare tupuna belonging to all three. Parengamihi Gardiner,20B in discussing the relationship, indicates that, indeed, the people of the Maungatapu, Hairini, Tahuwhakatiki, and Whetu marae, were regarded as one people: "Ae, I Hairini ke ahau. I whanau ai ahau I reira. I tupu ake au I reira, engati haerere mai ai matou ki konei. Ko tenei hoki tetehi 0 0 matou marae... koira ano hoki te korero 0 to~u whaea... rite tonu... a Maungatapume Hairini... marae... pera ano a Romai... Taahuwhakatiki I era ra... kaare ko Romai, ko Taahuwhakatiki tonu. Koira tonu, me Whetu... " Te Moana 0 Tauranga has sustained Nga Papaka 0 Rangataua in physical, spiritual, cultural, social and economic terms, as a source of food and recreation, as an aid to transportation and as a catalyst for solidarity and unity. As a kete kai, Te Tahuna 0 Rangataua has sustained Ngati Pukenga, Nga Potiki and Ngati He for many generations. Te Rereamomo Ohia recalls 209 there was an abundance of food in Rangataua - tio at Karikari, and tiitiko, tuangi and kuharu in other parts of Rangataua. He also recalls that in 1945, people could'-"e their nets out into the Tahuna and catch snapper, mullet and trevally. There was no need to go into other parts of the Harbour to gather food. His father, Hone, used to set a line at Ngapeke and he could catch lots of \ snapper, using small patiki as bait:" E kori ana te wai I te maha 0 nga tamure. Nga whiore e whakakori ana I t. " Th'.. h' h' al db T K S d K 'k' P. 211 e wal. IS IS an assertlon w lc IS so supporte y.~. eepa rna man an al luo arrure. It has been, and continues to be, pivotal to the development, maintenance and sustenance of Ngati Pukenga, Nga Potiki and Ngati He as viable entities in The Tauranga District as a whole. 9.9 Moteatea Moteatea are an oral archive which express and maintain the spiritual values and beliefs of iwi, hapu, whanau and individuals. They also record the history of those people. There are numerous IP9teatea which are explicit examples of how Ngati Pukenga, Nga Potiki and Ngati He relate to Te Moana: ot..jlufanga. However, this section concentrates almost exclusively on the relationship between Nga Papaka 0 Rangataua and Te Tahuna 0 Rangataua, based on the assumption that the relationship with Te Tahuna 0 Rangataua constitutes, at the same time, a directly significant and enduring relationship 208 ibid 209 Oh" la, transcrlpt, "B1 210 Smallman, transcript, B4 211 P" aralre, transcript,. B ) ~

101 92 with Te Moana 0 Tauranga as a whole. Furthennore, only three moteatea have been selected to illustrate the special relationship between Nga Papaka 0 Rangataua and Te Tahuna 0 Rangataua. ~ ' Murihiahia - a waiata written by Ira of Ngai Te Rangi 212 An Extract Only: whakawhitikia ki tarawaahi awa mo Hui atu ra M o K' lwa papa ma h ue h' aere 1 raro mo T e R ua ki nne, 'ki,213 M 0 ' o tuawahla, mo Oruamatua papa mahue mo Patutaw h ao e I runga Te Tioroa 216 mo Tutukuharu e Ka ea kai haere umupaparoa na. All of the places named in this extract are parekura or parewhero, places where Ngati Pukenga were killed in great numbers and which are still regarded as waahi tapu. For example at Te Tioroa, at the battle of Tutukuharu, Ngati Pukenga were almost extinguished completely because the focus was on destroying the women of that tribe. It was assumed that if the "wharetangata" were destroyed, then the entire tribe would perish Tera Te Marama - a waiata by Tiori of Ngati He (for Te Ati) Whole Waiata: Te ra te marama Ka Mahuta I te pa e Ko taku tau pea Tenei ka ora mai Hoki mai e tama Kia tirohia iho To matarau nui.1 Waenga I te Hono I te nui Ati He na Tera nga hinu Kei to tuakana Ma Taipari ko'e e taki ki roto ra Kia whangaa ia koe Ki te manu rere rangi.. Ka hoki mai ai koe',,~. Ki ahau taua na m as sung and explained by Te Awauiarangi Black 2/3 refer to Map # 2 2J.I ibid 2J5 ibid 116 ibid

102 93 ~ ~" \ Te whetu e kahuri I te taringa Nga tai e haruru e I raro 0 Te Maire I waho Opopoti Te whakamatenga atu te rae I Whakaneke ra Ko te tohu 0 te kura I makere atu ai na Tera te puau Maro tonu mai e I waho 0 Puraho Kei runga 0 te ati e E tangi haere ana Haere ra e tam a e N ga ia taiheke I waho 0 Whareroa e Ma Taiaho koe E kukume ki te whare na Ki roto I a Rauru Ka hoki mai ki ahau na Hoki mai e te tau Ka moetaua e Ki roto I a te Hono Hei a to hei e Mauria to patu Muriwai I te whare ra Kia pai atu koe Te Haere ki runga ra e Kia tioria koe E nga hau 0 te rangi e Kia moe koutou He moengakahurangi na., ~ Tera Te Marahla expresses the people's belief that their wairua is inextricably bound to Te Tahuna 0 Rangataua. It speaks of a young man and how his wairua is drifting with the outgoing tide. The young man will be met by his tup}l~a and even the rippling waters of the Tahuna mourn his passing Ngaro Noa Kamaukiterangi Whole Waiata: Te ai he tangata tu tu taua, Ki te ao na e, Kati ano e te hoa, Kua pau te hui whara,

103 94 t'~ Te tai 0 Waiaua, Waiho atu, Hoki mai ki ahau, Ka rere taua, Te au 0 Wherehia, Ki to matua, Kei a Paea-te-huia, Kia moe i te hau na e. Mei turakina pea koe ki te ake rautangi e, Whakaraua i te ata, Ki nga iwi ririki, Kia Ngati Hinu, Kia Ngati Piri, Ki a Ngati Koheri, Kia kore i reira, Me uta pea koe ki te waka whakarei, Kia noho ki te ngutu awa, I runga 0 Pukewhau, Kia maru tata ai, Kia toka Koukou, He hau kai taonga, Tenei kei a taua na e. ~'\..., E oi kau ana nga tai e Te tai 0 Kauhere Ka riro ra e Whiti rere I te ata I hinga tamawahine Kihai tamatane E Whakakau atu ana hoki Kia noho I te tarawa I runga 0 Turipeke '. Kei aho kiri mangu na i He ika koa ra te Makau, Kihai te pokai, Kihai tatari,.. Kia tere a pai, Te waka uta uta, '. Koia a Kamau-ki-tc:..tangi, Tenei ra e, Ka haruru ki te mate, Mei aha iho koe, Te namu a Tamahere na e Te Tohi a Tumatauenga - The Ritual Dedication to Tumatauenga

104 95 During the time of the musket wars of the 1840's and the wars of the 1860's, reconnaissant scouts dispatched to evaluate the strengths and weaknesses of the various pa and hapu. After a number of these reconnaissance journeys, one of the scouts observed the people of Maungatapu occasionally carried out ceremonies to envigorate their warriors before battle. These ceremonies occurred beneath a stand of pohutukawa trees on the beach at Maungatapu. He recommeded to the Administration of the time that these trees be destroyed thus acting as a catalyst to demoralise the hapu and their warriors Te Uhunga - The Death Rites The tangihanga, as we know it, has changed the least of all Maori rituals. It has continued to evolve with few intrinsic changes. However, some changes have indeed occurred as Maori have adopted modem western practices. In recent times, two kuia 0 Te Ao Kohatu (Titikawhena Oketopa McMahen and Kura Ngatai Taite), who are now both deceased, had occasion to identify a change in the tangihanga ritual. Both reiated 217 that prior to the practice of embalming, tupapaku were preserved during tangihanga by using water taken from the Tahuna in the early hours of the morning. Either the tupapaku's face only was washed or the whole body was bathed with the water. Titikawhena recalled how tupapaku could last for long periods of time, a necessity when tan~ihanga sometimes lasted for up to two weeks. This ritual was also confirmed by Te Kani a Takirau Porter 21 (Ngati Porou and Ngati Awa), who recalls how tohunga would go to a specially designated place in the Harbour to obtain the salt water for the purpose of embalmingtupapaku. He further recalls that the strictest rules oftapu were observed and the water was taken only at pre-dawn Ngati Pukenga, Nga Potiki and Ngati He - He Korero Ano The majority of the representatives interviewed for Ngati Pukenga, Nga Potiki and Ngati He addressed the nature of their traditional and customary relationship with their tahuna, Rangataua, primarily in terms of the moteatea and whakatauki which anchor them to Te Tahuna 0 Rangataua and as a taonga which supports their mauri, mana, tikanga, whanau, hapu and iwi. Nga Papaka 0 Rangataua are the only people who are id~l'ltified specifically with their tahuna, the papaka, the titiko and the tohora Rangataua Hei Kete Kai The Rangatatia estuary is known well for its role as a kete kai. Hone Farrell 219 states:,~: Pai katoa tenei wahi 0 Rangataua nei... ma. te hi ika,... mo te tamure ra, mo te araara, kahawai:::... He kupenga anake, ka mau, kanae. Heoi ano te patiki, ma te kupenga ano h o k 1 tena k a mau. E' ngarl. ano... nga tamure,... k" 11 k atoa... ana te t ah' una nel, k't I e a tu I k 0, nei I te marae nei ko nga whiore anake e puta ana" (A. Black) E whakakorikori ana i te wai? " Ae,... keri kai ana ma 2/7 Titikawhena. in a personal communication to Te Awanuiarangi Black. and Kura to Hinemanu Ohta in 1992 at Wiremu Ohia's tangi 218 Ie" 'T' In a persona ommunlcallon to i e A wanularangl.. Bl ac k 219 Farrell, transcript, B2

105 96 ratou. E haere ana koe, ka timu atu te tai, kua kite koe I nga houru, a, mohio' ana koe, I reira te tamure." He went to say that other mataitai which could be found in Rangataua were titiko, kuharu, and tuangi. Te Keepa Smallrnan 220 recalls: "Ae, haere ki te mahi... ae, haere ki te hi ika, nga ika 0 mua. I tera taim~ he araara, he kanae, a... he tarnure, he parore... " He also remembers howkingfish, kahawai and mullet used to corne into Rangataua, and".;... Karikari, there was a good place for mullet" Te Rerearnomo Ohia 221 recalls being able to gather tio, titiko, tuangi and kuharu in the estuary, and gave an account of a school of snapper which was noticed because their tails could be seen emerging out of the water. Hinemanu Ohia 222, recalls: "... taku taenga tuatahi mai ki konei, mahara tonu au, ki a... Dave Hika, puta ake ki te kainga,... kua karanga mai, I go get us some flounder for breakfast,... ka tatu mai ki te piriti na, ana ka haere whakaroto, ana ka piki ake ki... ta maua... (to the boundary) ka roa ke ake... e rua tekau nga... patiki", a recollecti:on confinned by Te Keepa Smallman 223 The next generation of Nga Papaka 0 Rangataua had similar recollections. Pikowai Ohia 224 remembers: "... when we were kids there was a lot of fish around... There were times when the Rangataua area was just black, and that's the mullet out in the bay... " He further recalls: "... my father (Hone Ohia) used to tell me... at the end ofngapeke there, there was... a bonfire ~ll set up ready, so that when the mullet were running... they just lit that fire and that was the signal to all the whanau... the mullet were there." 225 Buff Brown adds:"... you used to sit there (at the end ofngapeke) just watch the tails come out of the water. They're rooting for shellfish in the sand, digging up." Rawinia and Kevin Haua 226 talked about being able to catch mullet (at Hairini as well as in Rangataua), snapper and trevally. Kevin also mentioned being able to catch piper afranginui point and along Matapihi, and yellow belly flounders around the Maungatapu and Matapihi areas. Nga Papaka 0 Rangataua barely ventured beyond the estuary for kai moana, except when they were seeking food which could not be found in Rangataua. Hone Farrell;~27 when responding to a question about whether or not they went to other parts of the Harbour to mahi kai, stated: 120 Smallman. Woodhouse. Ohfa. trascript. B4 121 Oh' lao transcript. 'B1 112 Smallman. Woodhouse, Ohia. transcript. B4. parentheses added m ibid 22-1 Newman. Ohia, Brown, transcript, B6, parentheses added 225 ibid 226 Haua, transcript, B7 227 Farrell, Transcript, B2

106 97 "Kore rawa. Kore rawa I puta atu. Kare he aha ki waho, kei konei hoki, kei roto na. Kare he take 0 te ki waho, kei konei katoa nga huhua kai moana, te ika ra, te patiki, te tamure, te kanae, te araara, kahawai." Jre This is a view supported by the next generation 228 ofnga Papaka 0 Rangataua who said there was no need to go out of Te Tahuna 0 Rangataua, although they sometimes went to Papamoa for pipi, and later on with the advent of cars, to Maketu. They also went, on occassions, to the open sea for kina Post Treaty Alienation and The Breaches of the Treaty ofwaitangi from The Perspective of Ngati Pukenga The oral accounts provided by the representatives of Ngati Pukenga, Nga Potiki and Ngati He, clearly support the claim that Nga Papaka 0 Rangataua have been alienated from their traditional and customary enjoyment of their tahuna, and consequently, the Harbour as a whole. Their tahuna was once a major source of food for manuhiri as Nga Papaka 0 Rangataua sought to uphold the mana of their visitors as well as their own mana. Te Rereamomo Ohia expressed the critical between the provision of food and the conduct of iwi and hapu on marae, especially during tangihanga, in the following wal 29 : "... I kiia ra te korero, ka koree tika mai a muri, kare tika a mua." Rangataua, with its abundant supply of food, was, at one time, able to provide amply for the needs of the wairua and tinana of the people, visitors and locals alike. But the foodstocks have diminished dramatically. Kaikino Paraire 23 0asserts that Maori should still be able to exercise their tino' rangatiratanga by being ab-q gather the foods still which were once prolific in the Harbour. He stated: "Na taua te Maori, kei a... taua tonu te mana ki te haere ki te tiki 0 taua kai" Kevin Haua23I, when talking about the current foodstocks in the Harbour, said: "... now the Harbour is full of stingrays... they come over here (to Rangataua) as well..... you get paddlecrabs up here now, you never used to get those... even the titikos (are) smaller, we don't get big,~itikos out here anymore... I don't where the oysters (have) gone, there used to be some there... straight out from Ngapeke... (you'd) cut your feet on them... I know (there were) a lot of snapper diggings out at Ngapeke end... now you go out therre alt you see is where the stingrays (have) been digging big huge holes.". Alienation also occurred because of major structural and ecological changes to the natural state of the Harbour, as well asto:the commercial and recreational uses of it. 218 Newman, Ohia, Brown, transeript,b6 229 Oh' ca, transcript, 'B1 230 p' arazre, transcript,. B5 23/ Halla, transcript, B7, parentheses added

107 The Matapihi Railway Bridge, the Maungatapu Bridge and Causeway and The Port Development The construction of the railway bridge between Tauranga and Matapihi had! a significant detrimental effect on the fishstocks available in Rangataua. According to Te Keepa Smallman}32 kingfish used to come into Rangataua, but when the bridge was built, they stopped coming. His explanation for this change was that the fish would not come past the shadow ofthe bridge. Hone Farrell,233 in referring to the effect of the Maungatapu Bridge and Causeway on Rangataua, indicated the fish began to disappear. Furthermore, Kevin Haua 234 recalls being able, in the past, to catch snapper easily, out from Maungatapu marae, and that the ease and size of the catch changed when the bridge and causeway were built. Even more devastating was the fact that the development of the Port of Tauranga, when it had become a port of national si~nificance, included the desecration of Tamapahore's pa and the urupa where he and others were buried. 2 5 Formerly, the pa had also been that of Tamatea Arikinui (Taakitimu) and was destroyed because the area was quarried. The land was compulsorily acquired by the Crown for this purpose, and the.. material from there was used in the construction of the Mount Maunganui wharves. These are not the actions of a Treaty partner who is acting in good faith. Nor are they the actions of a Treaty partner who acts with honour and integrity in its interactions with the iwi, hapu and whanau of the Tauranga District. The transgression oftapu was blatant, and the violation of the mana ofnga Potiki was irrevocable. Kaikino Paraire 236 remembers the images of his uncle sifting through the rubble at the quarry to pick the bones of tupuna and re-interring them at Karikari The Oxidation Ponds Kaikino Paraire describes the effect of the oxidation ponds thus: "... me korero mo nga he inaianei, nga he a te Pakeha ki a taua. Ka tukuhia 0 ratou paru ki to taua tahuna, tukuhia to raua... 0 ratou, te paru 0 nga... nga kainga katoa I roto I te rohe 0 Tauranga, ka tukua ki te tahuna Rangataua. (Ki te mea ra, te Oxidation Ponds?) Ae, ae. Ka haria katoa nga pam ki reira, ki reira ka tuku iho ki... ki Te Moana Nui A Kiwa. Engari ra, etehi 0 nga paru, ka puta mai I roto I to taua tahuna, te whakapaihana wa tatou kai. Na tenei ke I patupatu nga kai 0 te tahuna, ehara ke na..... taua, na te Maori.".,:',. Pikowai Ohia 237 remerrlbers how the titiko disappeared, in his mind, because of the oxidation ponds: "There was a period out at Karikari there when the titikos disappeared." 232 Smallman, transcript. B4 231 Farrell transcript. B2 23./ II. naua. transcrrpt, B7 235 Refer to in the Collective Report 236 p' ararre. transcrrpt,. B5 237 Newman, Ohia, Brown, transcript, B6, parentheses added

108 Siltation The changes to the natural character of the Harbour bed, most notably the impact of dredging and land-based earthworks, are irrevocable. They altered the natural courses normally used. by fish heading for Rangataua, and they interfered with the natural depths of channels, rivers, streams and the tahuna itself. 238 A significant sign ofthe extent of depth changes is evident in Te Rereamomo Ohia's239 account of how Toko Haora (Ngati. Pukenga) was able to bring his launch from Motiti Island and across the Harbour and Rangataua into the Waitao Stream. He further states the water depth at Waitao used to be 4-5 feet. Hone Newman,240 in talking about channel depths in Te Tahuna 0 Rangataua when he was somewhere between the age of 14 and 16 years old, recalls, "... we could set the net across the channel overnight. Next morning you go down... to see the odd snapper get caught. But a lot of them were still swimming in the channel~above the net (at low tide)." Pikowai Ohia 241 agrees that siltation has affected both the Waitao River and the Rangataua estuary. "... you walk out at Rangataua there now, and you're picking up mud and silt on your feet. (In) our young days, it was all hard and clean. Didn't have to clean your feet when you got back up, to the shore." Pikowai further described his recent experience of swimming in the Waitao River: "A few years ago, I was working at Asher's Road and going back to Kupa's. Got to the Waitao bridge, and, (got) in for a swim. Walked in and... just went down to my bloody hips... It looked solid". _ Rawinia Haua 242 described being able to row a dinghy down the Waitao River and as far our as the "big channel" some 250 metres from the river mouth in But, she says: \ "... that's out of the question now, its so silted up." The Breaches of the Treaty ofwaitangi The alienation of Ngati Pukenga, Nga Potiki and Ngati He from their traditional and customary rights to act as tangata kaitiaki for Tangaroa over Rangataua and, ultimately, over TeMoana 0 Tauranga as a whole, was part of a systematic process employed by the Crown. The Crown's exercise of kawanatanga usurped the stewardship rqle performed by Nga Papaka 0 Rangataua, an act which has had devastating consequences for the iwi and hapu living around Rangataua. The Crown embarke4o!i a growth and development strategy which was demand-driven and which was based on Pakeha economic,polltical, social and cultural values. The Crown's strategy undermined the traditional 238,r; rejer to t h e transcripts Oh" la, transcript, "BI 240 Newman. Ohia. Brown. transcript,b6, parentheses added UI ibid, parentheses added 2./2 Haua transcript, B7

109 100 and customary relationship which Nga Papaka 0 Rangataua had had previously with the estuary, and institutionalised its own conventions. The strategy also: endorsed the imperatives which drove the Pakeha settlers; ignored the spiritual, cultural and social values, beliefs and status ofngati Pukenga, Nga Potiki and Ngati He; failed to monitor and/or care about the depletion of the mataitai in Rangataua; and enabled the nature and state of the estuary to be changed dramatically. The experience ofnga Papaka 0 Rangataua is: the needs of Pakeha were deemed to be of greater significance to the Crown and/or its agents than the needs of tangata whenua; the tikanga of the focal people were, in some instances, violated irrevocably, and in other instances, knowingly ignored; their stocks of fin fish and shellfish all but disappeared; and the Harbour, and Rangataua in particular, has been affected severely by siltation, oxidation ponds, and the construction of bridges and causeways. Article 1 of the Treaty of Waitangi has been breached because the Crown, and/or its agents, in exercising its kawanatanga, failed to: acknowledge and uphold the traditional and customary relationship between Nga Papaka 0 Rangataua and Te Moana 0 Tauranga; support the spiritual, cultural, social, political and economic well-being ofnga Pa.paka 0 Rangataua; and respect the mana ofnga Papaka 0 Rangataua. Article 2 of the Treaty was breached by the Crown, and/or its agents, because its actions, in supporting Pakeha perspectives on and implementation of development, effectively excluded Nga Papaka 0 Rangataua from exercising their tino rangatiratanga over their taonga. Article 3 was breached because the Crown, and/or its agents, failed to ensure that the interests of the communities represented by Nga Papaka 0 Rangataua were reflected in the policies and decisions which governed the fate of the Harbour as a whole, and Rangataua Estuary in particular.

110 NGATI RANGINUI RELATIONSHIP WITH TAURANGA HARBOUR INTRODUCTION This report is based primarily on oral information from Ngati Ranginui descendants of the Takitimu Waka, who express their concern about the failure of the Crown and Crown agents to actively protect Article 2 rights in respect of the use, control and management of Tauranga Harbour. There has also been a failure to empower Ngati Ranginui to retain its active relationship as Kaitiaki of their tahataha moana,243 and to actively protect tangata whenua interests in Tauranga Harbour and its estuaries. This has severely compromised the ability of Ngati Ranginui hapu, whanau and kaumatua to maintain, for their current and future generations, the full range and extent of their aboriginal rights The Statement of Claim The objective of this report is to identify the issues concerning the use, control and management of Tauranga Harbour and its estuaries by examining: The customary relationship of Ngati Ranginui hapu and whanau, in ~epsect management of the Tauranga Harbour; to the use, control and Patterns of occupation, use and management of their Tahataha Moana and Mahinga Mataitai; The culture and traditions associated with the Harbour; The currehtsituation as it relates to the actions of the Crown; Case studies to illu~trate the change since the times of customary tenure; W A number of terms can be used interchangeably with the following nomenclature: Taiapure Localfishery in esturine waters; and _ Mahinga Mataitai coastal sites between the high and low tide marks -Maori Fisheries Act, Rohe Moana. Regulations Promulagted under Treaty of Waitangi (Fisheries Claims) Settlement Act I 992, s J 0 Taku Taimoanafrom a model of allocation Pre-Settlement Fishing Assets -Tailwi. Mahinga mataitai is used to denote a specific gathering and harvest sites.

111 102 The involvement of the Hapu - Crown - Crown Agencies in changes that impact on the hapu of Ngati Ranginui. The percieved Treaty Breaches by the Crown Ngati Ranginui, as a W AI 47 Claimant, point to the failure of the Crown under Article 2 of the Treaty of Waitangi, to protect Ngati Ranginui 's control, use and management of their coastal and estuarine harvest sites. Through this WAI 47 Claim, Ngati Ranginui seek an intervention to ensure greater participation in the use, management and development of the Harbour, whereby they are empowered to assume their roles, functions and responsibility in the protection for their physical and heritage interests, and ipso facto, the interests of the current and future generations. Various Ngati Ranginui hapu have registered claims with the Waitangi Tribunal. Peri Kohu of Ngai Tamarawaho is a claimant in respect of W AI 86 relating to the construction and maintenance Route P expressway, as it affects the relationship with the relationship of Ngaitamarawaho in respect of the Waikareao estuary and Kopurererua river mouth. Pirirakau, as a WAI 356 Claimant, express the concern ofngati Ranginui regarding the transfer of power and functions to Local Authorities and the Harbour Board when those functions and powers rightfully belong -4 to tangata whenua. I 10.2 THE TRADITIONAL AND CUSTOMARY RELATIONSIDP Ngati Ranginui's customary relationship with the Harbour is anchored by their tino rangatiratanga as Tangata Whenua descendants of the waka Takitimu under the mana of Tamatea Arikinui. This status confers both rights and obligations on current and future generations of Ngati Ranginui to assume the role of Tangata Kaitiaki ofthe resources ofthe district,including the traditional and customary fisheries of the Harbour. The rights and obligations are associated with the settlement of the district, and in Ngati Ranginui's view, the leadership and foresight of nga rangatira a Takitimu, in securing resources for the social, economic, political and cultural well being of their descendants. This is reinforced by the associations with the earlier voyages of Kupe to Aotearoa. In the Ngati Ranginui accounts of settlement of the area, Mauao was a beacon known to Tamatea Arikinui as a land bespoken for them by Kupe. The meejing house,tamatea Pokai Whenua, at Huria Marae, records the relationship between Kupe and Te Wheke'-::'ff"Muturangi It refers to the chase that ended for a Te Whanganui a Tara. The relationship is reflected i~ the following tauparapara which recounts the role of Kupe,who apart from being an expert navigator and explorer, established the turangawaewae and rights of occupation by subsequent migrations from Rangiatea. Takitimu was one of these. The tauparapara follows: Tihei te winiwini, Tihei te wanawana, Tihei te waitakahua a Kupe N ana e topetope te whenua

112 103 Tu tonu nga tohu Tu tonu a Kapiti Tu tonu a Mana Tu tonu a Aropawa Tihei Mauri ora. While the ge.ographic settings,relate t.o the islands n.orth.of Wellingt.on and the Marlb.or.ough s.ounds, f.or Ngati Ranginui pe.ople it n.onetheless reflects their hist.ory in recording the primary role.of Kupe based on the taditional principles of securing land tenure through Whenua Kite H.ou (rights of discovery). This secured rights for the migratory canoes. The island names could be replaced with those.of: Tuhua, Karewa, M.otuariki, M.otuatau,.or M.otiti. T.o Ngati Ranginui, Tamatea Arikinui's motivati.on to foll.ow the pathway of Kupe and the lands bespoken by him. The initial basis.of settlement (Whenua Kite H.ou ) was c.ons.olidated by the c.oroll.orary.of l.ong standing.occupati.on - Ahi Kaa.of lands bespoken by Tamatea Arikinui. These ab.oringinal rights based.on cust.omary and traditi.onal use.of the Harbour were subsequently c.onfirmed and gauranteed byarticle Tw.o of the Treaty.of Waitangi The ancestral waka - Takitimu Master carver Tuti Tuka.okao rec.ounts the beginnings.of Ngati Ranginui's associations in Hawaiki, and canvasses the preparati.on prior to departure from Hawaiki 244 : "The thing that interested me was when they talked about Tamatea,245 this is long before they arrived r-., R.ongokak0 246 was a t.ohunga t.oo, y.ou didn't g.o and see him until the sun sh.one.on him, Rong.okako saia to Tamatea 'E hiahia ana ahau ki te hanga he waka kia haere ki te whenua i kitea maie Kupe.\ 'What do y.ou think of my idea, 'Pehea tou whakaaro. call the pe.ople together' and the concept was put t.o the pe.ople. When they found.out about the c.oncept... they'~ all called in unis.on, knowing full well that n.ot all.of them could get.on t.o the can.oe. There was not a person there who was negative t.o the idea, 'Lets make a canoe and g.o t.o the land discovered by Kupe.' Five scouts were sent.out t.o find a suitable tree to make this waka. They all. came back. They c.ouldn't find a suitable tree~ This other old man, he was a tohunga to.o, was Waitaha by name. He heard of the concept and called for Tamatea to go and visit him. Tamatea went to see him. 'I believe you want to make a waka., that y.ou and your father are desirous of building a waka to go to the land discovered by Kupe?'. 'ae' Well then the old man said, 'Take my rakau, ara taku rakau ko Puwhenua'. They knew he had this sacred tree but they wouldn'ul,sk him for it 'Tikina atu taku rakau ko Puwhenua'. The tohunga surrounded the tree and the tohunga tou6lted,it with their sacred axe Te Toki a Awhiorangi and completed the rituals. When the karakia was finished, they put aside their sacred adzes and picked up the ordinary axes, and began to cut at the roots of the tree so that the tree would gently lay down. The knowledge of those people rather than smashing and shattering the tree [Puwhenua]. 2U Transcript Tutt Tukaokao, C24 us Tamatea Arikinui Captain oftakitimu Waka 146 The father of Tamatea Arikinui

113 So they made the waka under karma, with the people going off to prepare the foods for the long journey. Anyway the canoe was finished, they had a lot of celebration and tears as well, they loaded their children on first and then the women folk and then the men. And then they departed. First port of call was Tahiti, probably to replenish their stores and say hello to relations. Anyway when they departed from. Tahiti, Tawhirimatea decided to disrupt this journey, so he caused the seas to erupt. Tamatea picked up his toki, Te Awhirio-o-Rangi, he held it aloft and in his karma he said, 'E ki e ki, kia maku te ihu 0 taku waka a Takitimu. Tena e haere ki taku ringa taui'. The sea abated and went calm". The whakatauki He moana pukepukengia e te waka- a turbulent sea can be mounted by a strong canoe reflects the determination and commitment of Tamatea Arikinui to follow the path of Kupe. Tuti continues the account: " With wonderment, me listening to this knowing that our ancestors knew au. this. OUf ancestors were already a spiritual people... Our ancestors were past masters at all these things, and I get sad because we have gone so far off track, we have lost sight of our family-tanga, our tikangatanga with there and there and there. Tamatea Arikinui was still on the other side of Mayor Island, when he said to the people of the waka 'E kitea. te maunga ra', pointing up here [to the mountain named Puwhenua] 'E kitea koutou te maunga ra?' 'ae' 'E tapahingia ahau tena wahi, Ko Puwhenua', in honour of the old man for giving him the tree. Well Puwhenua ", is still up there. So he hit the bottom of the Mount 247 near Te Awaiti, put the canoe in there,then he got his Mauri, dove off the canoe and hid it underneath thetirikawa,248 and when he came back onto the waka he said to his people 'Ki te rongo koutou I te moana a Mauao, e ngamnganr a Mauao, ka mohio koutou, pa hemo he Rangatira.' You will know a rangatira has passed away Well I've heard it several times, it didn't matter where that person was from, might be down in the South Island, but you hear tj.1~ water rolling from the Mount. Then he climbed up with his tohunga on top of the Mount; Then he got his pouwhenua, and poked it in the ground and he said 'Mat konei ki runga ra is the land that was assigned for us'.they came knowing that this land was assigned for them. How they knew these things. Our people had au ofthat as well". It was this intentional migration of Takitimu waka to a place assigned for them, that Ngati Ranginui consider marks there unique relationship with Tauranga and the Harbour. Planting the mauri under the North Rock reiterates the intended.~ontinuity of the proclamation of rights by Tamatea Arikinui. The planting of the mauri and the pou\~h' ~l:ta will never erode, nor will inclement sea or tides dislodge it. Descendants of Takitimu waka consider the actions of Tamatea Arikinui was a statement of claim to the area, its natural and physical resources in perpetuity. 2-/7 Mount Maunganui its traditional name being Mauao ' Caught by the Dawn' U8 North Rock at the entrance to the Tauranga Harbour

114 105 Ngati Ranginui consider nothing has changed the status of their aboriginal rights subsequently ratified b~ Treaty Waitangi, even though the control and management of Tauranga Harbour has effectively passed from their hands. "Kua ngaro Te mana, so we are having trouble with our whenua, and with our harbour'?49 Ngati Ranginur have oeen displaced, from the management and control of the estuaries and Harbour, they have maintained the ahi kaa to their fisheries and are concerned to revive their traditional and customary rights Te Whakapapa a Ngati Ranginui. Subsequent to the time ofkupe, the settlement of Aotearoa became a responsibility which had to be assumed by others. 'Ka hoki a Kupe', used now as a negative retort to a request, reinforces the Ngati Ranginui view that the ongoing issues surrounding the settlement of Aotearoa was left to ensuing generations to advance. Kupe's reconnoitre provided enough information and knowledge about Aotearoa to give confidence and motivation that the next wave of settlement could proceed following this whakapapa: Toi-Te-Huatahi Raururu Kitahi Whatonga Tahititi Tata Rere Maika Toto Tamatea Arikinui Rongokoko Tamatea Pokai Whenua Ranginui 1 Tarnatiti Tarna-te-uru Hukupango Kokoti Ranginui II Tutereinga Kuraroa Kokiri TohaAriki Waitawhiti Manga Taumata Tahuri waka nui Mokoroa Ibid

115 106 Piripi Homai The direct relationship in the Toi-Te Huatahl genealogy to Ranginui is through Toto: Peri Kohu 25o comments on the period of exploration that involved Kupe, Toi Te Huatahi and Tamatea Arikinui. In Peri's mind, Tamatea Arikinui as a navigator and explorer had similar status to Toi Te Huatahi, holding equivalent mana to initiate and implement migrations from Rangiatea to Aotearoa. "There were three periods of discovery, those times that Kupe came, and then subsequently when the waka came. In between times there were other journeys... to-ing and fro-ing. You can split them up by the manner in which they were told. The moving of the mountains is the first period of discovery, and the claim to mana whenua came later as a result of those stories,,?51 The stories are retold now to establish connections and reassess the underlying intentions, aspirations of descendants of Takitimu waka. The assertion that follows is based on the mana of Tamatea Arikinui and the settlement of the area established for descendants of Takitimu the aboriginal of customary and traditional use. rights in respect to the estuaries and Harbour. The assertion is that this aboriginal righthas validity today as it did at the time and following the Takitimu settlement of the area. The view is, that nothing has changed the essential claim, the development of the area or the dominance and actions of the Crown and Crown agents not withstanding. The argument is based on the notion that vis a vis the Tauranga Harbour bed and estuaries the aboriginal title is still extant. There has been no signing over of rights by way of treaty or proclomation related specifically to the harbour bed and waters. Similarly, land confiscation do not appear to include the Harbour and Harbour bed. Also, notwithstanding the Treaty of Waitangi Fisheries(Claims ~ettlement) Act 1992, those aboriginal rights remain in respect to the customary and traditional fishery. This notion has been reinforced by the failure of the local and regional authority to demonstrate ownwership of a section of foreshore on Dive Cresent Ngati Ranginui Hapu Te Pirirakau include four marae: Paparoa, Tawhitinui, Pou Tuterangi, Tutereinga situated in thete Puna, area. Traditionally, though not exclusively, Pirirakau use that section of the Harbour which extends from the north side of the Wairoa River Channel through to the Western Channel, and including Oikemoke Point, Te PunaEs~, Mangawhai Bay, Omokoroa Point, to Ngakauiuakina Pt to Waipapa Estuary, Wainui River to A6hg~tete and including Motuhoa Kohu Transcript C When the patupaiarehe moved Mauao from inland to the coast _. 252 Local hapu objected to a proposal by Civeneo Conetruction to build a tourism center on the pah site OTAMATAHA. The Tauranga District Council explored the possibility oftransfering another section of the water froni,liic/uding a disused wharf Because of difficulties of demonstrating title to the harbour floor, the land swap proposal abandoned. 253 refer North Island - East Coast Mayor Island to Town Point (Okurei) Map N.2.541

116 107 Ngati Kahu maintain the ahi kaa and customary fisheries at the Wairoa River mouth, as do Ngati Pango and Ngati Rangi on the western bank of the Wairoa river. Ngati Hangarau at Peterehema, generally use the areas adjacent to the Wairoa river channel, Tilby channel to the Western Channel and around to Otumoetai are cust Ngai Tamarawaho, at Huria, use the area which includes the Waikareao Estuary - Kopurererua River, the Matua Iwi (Otumoetai) shoreline from Waikareao pa, and then on to Kaiarero (Tilby Point.) Ngai Te Ahi, of Hairini, and Ngati Ruahine, of Waimapu, share the Waimapu Estuary. Currently, the Waimapu Estuary is dissected by a section of causeway that has separated-the eastern portion of the estuary from its source, the Waimapu River. The extent of the estuary would otherwise have extended to Maungatapu headland on the eastern side of the causeway that disects the estuary to the Tauranga TownshipJo the north. The seaward descriptions of the Mahinga Mataitai are not intended to suggest formal boundaries or to define _ exclusive interests in sections of the Harbour and estuaries. Rather, they are intended to simply note the _ seaward areas adjacent to relevant pa, marae.and papakainga of the area. Mataitai harvest sites however were more widespread, covering the whole of the innner Tauranga Harbour, and along the coastline south of Mauao to Papamoa. Marriages and whakapapa links matained access to those sites for the immediate whanau or hapu concerned as well as whanau and hapu from inland settlements. The use, management and control of the Harbour and its estuaries was not exclusive to Ngati Ranginui hapu. They did, however, retain the prerogative of access to mataitai sites - where visiting hapu anq whanau could 'set their net'. The hapu's attitude of sharing prevailed. When talking about areas of and around the Waimapu Estuary, Hati Kururangi ofngai Te Ahi states: "At Hairini Urumingi is the place down at the bottom there were they used to have their waka and at Poike on the river itself, where the pumping station now [is] the place where the uma waka was. Poike and Te Kaponga an.the marae was there... I think the whole area around there relied on the sea. A further mile inland [was wllere] Te Arawa came over and stayed. They got their kai and took it back to where they were staying, at Ngai Te Ahi or Ruahine, at the back of Ruahine, kei reira nga moko. They preserved all their kai there before-they went back. Nobody bothered them and they never bothered the locals over the back at Pukemapu, arid over Ngai te Ahi.,,254 Inland groups from Te',Arawa and Waikato exercised seafood gathering and harvest rights in the Tauranga Harbour. This access/is-not only determined by the carrying capacity of the resource, but it is also a function of whanaungatanga and whakapapa links. However, the management prerogatives remained with the tangata whenua as tangata kaitiakai. Hati Kuruangi goes on to explain " Same as Arawa here, they came and collected, they had their right of way, if they wondered out of their area they were told to go back smartly. So our people happily shared the kai, so IQn.z as it didn't disturb the 154 Kururangi Transcript C16, parentheses added

117 108 relationships, and interfere with the rules of the sea as well Most people from inland, had to adhere to [our] rules of the sea. It worked for years until the pakeha came along and imposed their rules and ruined it. It sort of mucked things up that were working perfectly in those days, even in our times early forties, fifties, sixties, there was plenty of kai here until we got crowded out. So. increasing population has made a big impact.,,255 The whanaungatanga and whakapapa relationships between Ngati Ranginui hapu of Tauranga Harbour and inland tribes carried with it a responsibility as tangata kaitiaki of the resource. This governed the manner in which they managed, used and controlled parts of the Harbour in their rohe. The application of tikanga and kawa provided consistency in resource management and heritage protection accross the Harbour. Although the Harbour had the carrying capacity to sustain the traditional and customary harvest, the continued access maintained for inland groups, demonstrates the underlying attitude towards the resource as a gift from Tangaroa. The right to impose rahuf 56 is held continuously by recognized tangata kaitiaki or whanau kaitiaki, 257 managers of the resource. They are recognized as knowledgeable and skilful fishers, harvesters, proessors of fish and shell fish. They have the expressed cultural responsibility to sustain the benefits of the physical, natural and heritage resources to future generations. The roles and functions oftangata kaitiaki were witnessed by the younger generation, as they were invariably be involved in theharvest and processing of the catch. They had the opportunity to observe, receive directions, explanations of the continued relevance of tribal lore and practices, assessment of the tide and weather conditions. Concerted and unified action based on a whanaungatanga relationship with the fishery..., or harvest site rekindled kinship relationships in explicit ways. In this way the knowledge, skills and expertise would be transferrred from one generation to another. \ Seasonal harvest events would generally be of days duration, primarily in the summer. Whanau who had.~elocated to other centers within the region, would return to whanau or hapu camp sites, to participate in the harvesting, drying or smoking the catch. Swimming late at night and observing numerous campfires along the coastline was reported as a sight to enjoy. Working and living with the extended whanau rekindled the kinship bonds. For children the opportunity to spend time with cousins and other relatives was an important and memorable time of the year. The important attitude of respect for the domain of Tangaroa was transmitted to children and adolescents at those times too. Runiling about and yahoo-ing was never acceptable. Children who acted in loud and undisciplined ways would be sent home. Children and adolescents had every opporttrnity to play, explore, experiment and reconoitre, within the limits of their understanding and within explicit parameters of acceptable behaviour?58.,- During the season,faninies who remained domiciled in the district would also take the opportunity to live on the beach with their:ifira:nd relatives who camped on the beach or the harbour margin. Being in the company of the other families was' highly valued. Hati Kururangi recalls:. 155 ibid 156 rahui: self imposed prohibition to take within sustainable limts. lfthe resource could not sustain harves10r collection, then the principle of rahui would prevail No further demands would be made on that resource until it had the capacity to replenish and maintain its carrying capacity Within the hapu certain whanau are recognized as experts in the field and holders of tribal knowledge and skills 2511 Personal communication Tame Kuka

118 109 "... although we can see the Harbour from we are staying, [we would] rather go right down on to the beach in the company of other families, while we are collecting and preserving [the food] The families were preserving [the food down on the beach].even though the families are living only 100 yards down from the beach, they all get together down at the beach... It is the company of the other families, it was terrific, and a very safe for children. Then there was all the old people's stories, which I can't remember, I think that was the best part, which they used to tell at that time,,259. Sadly more than the traditional stories have been lost Tauparapara Whakatau The customary relationship Ngati Ranginui has with the Harbour is anchored two primary concepts - Tangata Whenua and Tangata Kaitiaki. Both concepts have the corollary of accepting the responsibility for maintaining the spiritual and cultural legacy left by Tamatea Arikinui and other rangatira of Takitimu waka. Based on this, there is an expectation that current and future generations ofngati Ranginui should enjoy the benefits and rights of that legacy_ He Tauparapara a Ngati Ranginui reinforces the basis of their expectation of use, control and management of their traditional harvest sites: E noho ana ano ahau i taku taumata Tihei ai ara E Papaki kau ana nga parirau a te manu Kia riro mai ko taku whakairo Ko taku maunga ko Mauao E tu mai ra i te wahapu 0 Te Awanui Te maunga i whakataukingia ai e taku tupuna E te here manuhiri. E papa te korero, e wawa hi ra ki te rangi tai hoa Ko nga kuri hoki kuratanga Nga kaitiaki a matou a Ngati Ranginui Kia titiro tua whenua i ano hoki 0 matou maunga korero Ki a P~whenua raua ko Otanewainuku Nga maunga I whakataukingia ai E tn-nei hei kaitiaki mo matou No reira, nga korero, nga mihi, ki aku maunga korero ki nga kaitiaki a matou ko Ngati Ranginui. Tihei Mauri ora?go This tauparapara whak'atau reflects the view that under the shelter ofngati Ranginui's ancestral mountains surrounding the harbour secured the natural and physical resources to the Harbour and out to the Islands of Karewa and Tuhua. Rangatira of Takitimu implanted the mauri of the waka and the people in those mountains. The taupara uses the stability and continuity of the Maunga Korero to represent the identity, 259 H a I' I K ururangl. 160 Transcripl Morehu Ngaloko

119 110 status and position of Ngati Ranginui as tangata whenua. The island markers also identified important mataitai sites, beyond the harbour. The range and extent ofngati Ranginui interests are expressed well by the whakatauki: He ldelde ld uta, he tamure ki Ie tai (Kielde is found in the bush and snapper at the coast) and is described by Tipi Faulkner of, T e Pirirakau in his statement: "In my time mixing with grandparents and uncles and even on times my aunty when we went to gather foodstuff from our Moana, that is the Harbour of Tauranga and further a field to coastlines of our sea, Te Moana nui a Kiwa 261 from Mayor Island to the shore of the Matakana islands, where the plantation is... out and around Bowentown and down the cut at Papamoa... at Te Tumu, and the inner harbour which was my kind of fishing. Occasionally we went out into the ocean. We consider the inner coastline and inner area [of the Harbour] to be our tupuna's fishing ground. [We are kaitiaki}.... because we know the Harbour area and the coastline, as well on the grounds that we were never seen to over take[exploit the resource]." Ngati Ranginui's account of their relationship with Taumnga Harbour and region reflects the foresight of Tamatea Arikinui and other Ngati Ranginui leaders of the time, in establishing inland and coastal settlements. Their descendants identify the range of their ancestral lands thus:.'.. 'c "Awanui is the passageway, the entrance to the Harbour, not the moana Its a common fishing hole of. Tamarawaho where Wahinerua is. That is used as the coastal boundary marker, Mai Mango rewa k ia Wahinerua. It is a mark designate for Tamarawaho, Taumata being the inland marne. [InlaIJ.d] settlements were Taumata, Te Ahiroa, Omanawa. Those three represent Tamarawaho's back boundaries. [This is] not to forget Puwhenua which is also.. the burial place of Tamarawaho. So that has its significance, back to the Mangorewa gorge. The Wairakei gorge being one and the same is the back boundary of Ngai Tamamwaho,,?62 A further example lies in the description of the coastal and inland boundaries for Ngati Ruahine... "from Poike (Waimapu Estuary) totaumata,,?63, ' For Te Pirirakau, maintaining Ngati Ranginui's interest in the western area of the district, their rohe is described as:,"from Whakamarama to the Leef 64 homestead?6s The Leaf homestead was the landing site for groups including those taking tupapaku accross to the islands, Rangiwae~.and Matakana. 266 The close relationshlpb6h:veen the inland and coastal settlements of the Ngati Ranginui hapu is demonstrated by Morehu Ngatoko of Ngai Tamarawaho, who begins: 26/ The Pacific Ocean 262 Kohu Transcript, C20 ]63 refer Tei Walker Transcript, CI5 2M The Leaf homestead is situated at Rarapua Point, Te Puna. 265 refer Tipi Faulkner Transcript 166 refer Syd Leaf Transcript C4

120 111 "e korero ia tatou mo to tatou maona a ko te Waikarea. Reio ano timata mai, ara mai te ngahre e karangatia ra ko Te Taumata,26\e reretanga mai 0 te awa Ohane. A, tutili mai I nga \;Vai 0 Ngamanawa, te awa i keri haeretia mai to tatou kuia tupuna korero e Taurikuri 68 I karangatia ai ko te Kopurererua. A mai te reretanga a taua awa nei na, a tai mai i te kainga i karangatia nei ko te Orini He marae tapu tera Ko tetehi ke ingoa ko Tukarere. I timata ai nga korero, koi nei the awa whangai otira tetehi ke 0 nga Whangai 0 te hapu a Ngai Tamarawaho ki te UkaipO".269 Te Whangai 0 Ngai Tamarawaho ki te Ukaipo is the name of a precious tuangi bed, of special significance. It is considered to be a "kinaki kai" or "kai wairua,,270 of the Waikareao Estuary. The relationship between the inland and coastal settlements is recalled: "yes it happened quite a lot, i noho ana ki reira a te ngahere, i hiahia ratou mo te kai moana,.. so it was that a lot of them would come down together a reci a ratou tuituitanga mai 0 nga mea i nono ana i reira. I can recall when the old man and the old lady were living up there, we used to look forward to coming down to the beach to supplement what little we got off the ngahere. That's another thing, seasons. We would store certain kai for the winter like tuitui nga pipi, preserved pipi. They would supplement that with the kai of the. pigeons and pikopiko, and so it was with the ones who lived up there, hiahia te kaimoana, e hikoikoi. They looked forward to it. A lot would come down to the papakainga, they had all their gear here, others would camp down here for two or three days, when they have got enough, they pack up and go.,,27i Wi Nuku 0 Ngati Hangarau also talks of his life harvesting from two sources: - "Kia kore e haere mai nga papakainga a Taumata kia mahia nga mahi i te wa raumati. H~ere rnai e taku matua me taku whaea e noho ana, huake na i nga mea tino mohio, heoi nei te taku o taku matua, ra rna taku whaea, he mahi huahua, haere mai te raumati. Ka haere taku ma~a ki te ngahere, a Rankin, Bill Rasberry, Ngatoko anei koi ratou mahia, whakangau poaka, kereru, nga kai rawa i te ngahere. Kaore i huhua mai e ra kai, ki taku matua he kai a matou te kainga nel Ka haere, ka eke mai te raumati, ara koi ra a ta matou mahi, kai matou ka whakahoki nga kai ki Taumata. Hei huahua kai e ratou, engari, ko nga huahua ko nga pipi tino maroke, ngapawhara ara nga ika whangau a whakahoki etahi a ratou ki te kainga. Ara na ratou katoa, maha nui e noho i taumata i taua wa. hoie nei e waku e mohio ana. Haere ki nga ~v.rahi ki te hi ika haere mai nga kai katoa, e wero mai, nga seeds, he whakapuru i nga com beef, te kara, nga miro, whakareko noho ai i te kopi nga kai nei he kereru, com beef ke. Koi nei nga mahi a ratou. Haere mai nga kai runga ana ta rapu piko i taua taima no i to porire. A whakahokia mai etaihi ano tonu mai, hoki mai hei tuku kata'~ ratou, nga ika pawhara, nga ika whakapou ake, nga tino whaakma ke ai tini te kupu. Engari inaianei e kof Cte.tini rna haere hi. E hau tonu taku pakeke ara te wahi pakupaku noa iho, e ruku rna maua e ki au e rima te hohonu. Huti te miti tote tuku e huhuti i waenganui i nga kuku koinei, ko wheke. iti 167 Inland settlement 27kmfrom Tauranga in the Kaimaifoothills 268 refer Taurikura Kaitiaki Associations pili 269 Transcript Morehu Ngatoko, C Kai wairua denotes the food speciality associated with a given fishery. When a person is dosifto death and requests a meal o[favoured kaifrom their rnataitai, that meal is said to be the kai wairua of that mataual lj ibid

121 112 iti te wheke kia hoatu i tou bucket, hei bait, nga papuku nui, nui pakupaku tio ano. Ka hoki ki tera tau inaianei, e kore nga kuku nei. Kore atu ki a hopu kina... karanga ka kore a nga ahuatanga i te Clark Basin. e kore aua kuku.. Me whakahohonu mea a ratou i te whakatuanga nga wapu. I Matakana ranai ko kore era: Roroa ake the noho ki reira, nga paraire i te ahiahi a te ra hori ka whakahoki ki te kainga pera 0 ra wiki, ka whakahoiti atu ki reira,,?72. The work at the sea shore involved drying and preserving foods, to be taken back to the sizeable community living inland at Taumata. Once back at Taumata, storing the catch was still required. "1 reira i karla toku koroua he pipe tiota, e kore hare i te pam. Whakairi nga kai on hooks, i taua papai ka mahia ia i te rakau, i tera taha 0 te whare e kore i tiara te ra, ara ki tena taha he wahi hauhau ana, hau makua i te tank. Ara ka whakamatoa... painga kai ki roto. Kaore e pirau, engari ko nga mea i nga pakeha, he safe, kei raro i nga rakau, paina. Ngawari tonu nga pata, nga miti,nga toenga miti, uru ki ko. Engari he kai hai mau, rna te takirua, penei 1 te freezer nei. Mau tonu te kai hoki e kore i etahi wa ano he tuna, ka mauhia he pen ka hi tuna ka ko ki reira. E kore mahi nui i te hi tuna, kei roto i taua pen. E kaukau haere ana, e orana te pu, huna te wai ki roto i taku i tera taha, ko nga wai ana kua paki nga tuna i taua mahi.,,273 Waiora Nuku, who was born at Wainui, but who grew up at Taumata and began her life as a young mother at Huria, recalled her long journeys down from Te Taumata as a young girl to gather shell fish.from the Waimapu Estuary; "1 was about ten or eleven when 1 came down here, me haere ki te mahi titiko i runga i te hoiho, ana ka haere ahau. I used to come from my home in Taumata to mahi titiko down here,,finished titiko we go and make some pip is and then come all the way home on my horse with my packs on the side of the hor~e."274 Her confidence and familiarity With the horse and her route from the bush to the sea grew, bearing in mind her age~t the time:. "I used to come down on my horse quite easily after the first few times, with my bag, no saddle. With the horse 1 had, I used to trot and gallop, it took about an hour to get back up to the Taumata. You couldnt make it gallop on the stones. It would take about an hour,,275 Waiora woul9. journey to her harvest sites at Waimapu. The pah at Waimapu, sometimes referred to as Te Pou 0 Waimajm,is a strong Ringatu community. Waiora collected food on her trips to Waimapu for her extended whanau living at Te Taumata. She would on other occasions be involved with he father in food h arvest pnor. to Te k' 276 au~m,ama....,'.... ~.:, m Wi Nuku Transcript, C7 27J ibid 17.1 Waiora Nuku, transcript, C ibid 176 The 12 Day of the month is a significant day in the Ringatu Clalander. This is a time whim whanau convene from sunset of the I I th day and sunset on the 12th, for karakia and religious communion. This period of time involves fasting untill the sunset oj the 12th.

122 113 "At the Tekau marua there was a lot of kaimoana, pigeons, pikopiko, matatitai. I always had titiko a~ JlI table and tuna. I used to go eeling with my dad, also for herrings, kahawai. Me and my dad would go out [to gather] for the Tekau maroa. In the Waimapu herrings and kahawai were there. We would go out for tuna at the Waiorahi stream. We would rely on kaimoana to feed manuhiri and whanau at the time of the Tekau Marua,,?77 "I used to go out mahi poaka in the bush with my dad, mahi pikopiko. When I got a bit older we started to come back to Waimapu on a horse, not a car. We go to Waimapu, to have our Tekau marua, and always before we went home we used to go to the point at Pioke we used to [collect] titiko at Waimapu. We'd have our rest there[and later] we'd go home.,,278.. In her comriients Waiora demonstrates the inter-connectedness of the forest and the sea. The underlying principles, practices and protocols of harvest modelled to her by her father, were applicable to both domains, the forest antlthe sea. This reinforced a seamless webb for her, 'from Poike to Taumata'. " It was the same in the forest too. Dad told us to bury our first kereru... But he would always tell me, if you get your first pigeon or tui, don't eat it, bury it beside the miro tree. I love tui, I can eat two. But with your first tui, you've got to bury it by the miro tree or kareao, because they lived on that." The koha of the first harvest to Tane Mahuta is mirrored in the returning the first fish as a koha to Tanagroa. Indeed, Waiora continues to transfer the protocols to yet another setting - te mara riwai, kumara ranei'. She reflects on the values and approaches to these matters taught by her dad. He made it explicit to her tha,-;e should endeavour to transfer the same to her children. Implicit in all of the training and teaching that Waiora experienced, is the need to maintain the balance, reciprocity and respect for the gifts of nga atva. Tangaroa in respect of the Sea, Tane Mahuta and Haumia tiketike in the forest and Rongornatane in the gardens and cultivations. "Yes same as the potato and cabbages, you have to know which is your first plant, so that you give that away. The same thing right across, the ahu whenua, te ahu ngahere, te ahu moana. You've got to think about others, you [have]got to give it away, even though I'm hungry, that's what my dad learned me. The only thing I didn't give away was kereru and tui, because I didn't, shot the gun, I was scared of the gun. But that was the rules"... Karakia was one way of showing respect. A self less attitude is another. The underlying cultural tenet in all of this, is to have a selfless attitude, to conserve rather than encourage greed, because the spirit of the birds (or fish or other food; species) are free to escape. Therefore, without the appropriate attitude, you will get nothing. Similarly,the'birder, or the diver may not sit at the table and have the first meal. By fasting the selfless attitude is deomstrated. Their enjoyment is in the pleasure and happiness of other whanau and kin 279 satisfying their need and feasting on the first fruits of the season. 177 ibid 178 ibid ]7') See Economics of the Maori, Raymond Firth pp

123 114 Thomas Tata in his recollections recalled a time when he was sent by his kuia from the edge of the estuary to the sand bank to toss her flax fishing line with its two hooks. When he looked over his shoulder he could see snapper in the shallows behind him. His first thought ws to consider' where's my spear, if I had my spear I could catch more. Thomas then censored his attitude by commenting, but we weren't there for that, ' to catch a lot, but only to catch what was planned to meet the customary needs of his grandmother Kaitiakitanga The notion of Kaitiakitanga is central to Ngati Ranginui's relationship with the Moana. By the act of implanting his mauri, Tamatea Arikinui transferred to Ngati Ranginui the roles and responsibility of Kaitiakitanga, the guardianship of the physical and natural resources within the area, Mai I Puwhenua ki Mauao. The performance requirements associated with Kaitiakitanga are explicit: to gaurd and protect the mauri of the natural and physical resources of the area, for the benefit of the present and future generations. The whakapapa from Maui Tikitiki a Taranga provides a finite reference point for the responsibility of kaitiakitanga, to protect the taonga let down to the current generations, not purely on the basis of the skill, expertise, and achievements of the great navigators and explorers, who transpanted the traditions from Rangiatea, but also on the basis that there is a responsibility to protect the mauri, te ihi, te wehi, te mana, te. tapu of those gifts and taonga let down through our tupuna from nga atua Maori.,..., ' '" \.j Maui Tikitiki a Taranga Nana ko Tirau maiwa Nana ko Totiwaka. Ko Tanganui Ko Tararoa Ko Ranginui Ko Rangiroa Ko N gai Wharekikiki Ko Ngai Wharekaka Ko Ngai Roki KoNgaiReka Ko Ngai Peha Ko Ngai Taketake Ko Ngai Te Hurumanu Nana Ko Toi Kairakau KoRauru Ko Whatonga Ko Tahatiti Ko Rakeiora Ko Tama ki ta Hau Ko Tama ki te Ra Ko Tama ki Reirei mai I Hawaiki

124 115 Ko Ranginui Ko Rangiroa Ko Rangi pai akau Ko Rangi kaka Ko Kotiti Ko Tata Ko Rongokako Ko Tamatea pokai whenua KoRanginui Ko Tutereinga Ko TeKaponga Ko Kahuwhaia Ko Tata Ko Tahu Potiki KoPata Ko Tahuriwakanui KoMokoroa Kiriwhakarewa Kaitiakitanga also includes an interpretive element. The recognition of ways that Kaitiaki manj-t themselves, sometimes only in particular ways, to selected families. Sometimes the manifestation is explicit and clear and might be understood as a warning sign, demanding an immediate response to rectify or appease kaitiaki. At other times though, the manifestation might be less clear, but nonetheless place~ the burden of responsibility on individuals or whanau to review their action~,>..for any acts or omissions that may have involved breaking or marginalising of the codes which protects the mana of~aitiaki. Ngati Ranginui recognise there is a cultural imperative to maintain the active roles and functions of kaitiakitanga., These roles and functions maintain links with the ancestral and spiritual base of whanau and hapu. Activ~;:participation in the management of the resources of the Harbour and estuaries, enables direct and immediate assessment of the life sustaining capacity of those resources. During t~e interviews relating to the Moana, many indiviudals accounted for the appearance of Kaitiaki: > A white eel was m,~ntioned in three instances. Nepia Bryan has seen the kaitiaki tuna three times 280 in his life. Like others28l:~ho had seen a similar manifestation, their interpetation was that, for some reason, the kaitiaki did not want them there at that time. So they picked up their gear and moved somewhere else, thus maintaining the mana of the kaitiaki and retaining the continuity of contact with the kaitiaki from distant times up to the present day. 280 Nepia Bryan Transcript Cl Refer also to Hape and Maureen Pearson's transcript, C22, and Tei Walker, transcript, C15

125 116 Nepia also referred to the whai, (stingray), a guardian of the fishery in the Tuapiro estuary?82 Nepia recognised it as the kaitiaki of the shell fish beds. He knew this because, on the occassions when he has encounted the whai, it was never caught in nets, even though nets were set in the estuary. When it did move away it would not move any consideable distance, but remained in the vacinity. In those instances people would themselves move away, and maitain an appropriate distance and boundary between themselves and the Kaitiaki. Wi Nuku recounted another manifestation of kaitiaki - a tuna, distinguisable by a whakairo pattern down one side, and with regular eel skin on the other side. The story was recounted to demonstrate the relationship Wi experienced at that time. Moreover, Wi is clear that the.kaitiaki which manifested itself on that day, did not manifest itself at the drowning of another relative some time later?83 A favoured swimming place for children was the Judea bridge, which they used as a diving platfonn. At that bridge, children demonstrated bravado by feigning to jump into the middle of the channel which was deep at that point, but at the last moment before launching themselves into the water, they would twist their bodies towards the side of the bridge and land in the shallower water. On one particular occassion, a young girl was pushed from behind before having the chance to ready herself. As a result she landed in the deeper part of the river, and because she was unable to swim, she floundered in the water. Some were unaware of what was happening, leaving Wi with the responsibility of rescuing his cousin. By making paddling movements with his feet, Wi hoped to create a movement of the water towards him, so that he could grab his cousin. Others were trying this too by that stage of the event. Recognizing the futility of this, Wi entered the water to effect a rescue. It was at this point that the Tuna manifested itself with its marked whakairo pattern, and aided the girl's movement towards the help of her relatives. In Wi's view the Tuna manifest itself just at.the right time, for the right person and reason. When asked why this kaitiaki did not provide the same protection to Wi's nephew who drowned in the same area, he was told that the tuna with a whakairo pattern down one side had a direct whakapapa relationship with his young female cousin, but not with his nephew. Whanau living on the island of Motuhoa had their kaitiaki manifest itself as an Owl 284 who gave them tohu of events to come. Two families of the extended kin had two different katiaki, one an Owl or Peho and the other family a dog or kuri?85. Pirirakau have a shark as kaitiaki for the island of Motuhoa. The shark referred to by Teri Ratima 286 was also confirmed by another 287 who said that he was one of a group fishing on the western banks of the Wairoa River one night, when the shark brushed past them. At other times, the kaitiaki would empty or break the net, as a slgha~ to leave the water. 282 Nepia Bryan, transcript, C Wi Nuku Transcript C7 ]8.1 refer Peri Kohu Transcript C20, and AUria AkeC6 285 ibid 286 Teri Ratima, transcript, C3 287 Personal communication between Tane Kuka and Keni Piahana, 1996

126 117 "Over (at) Motuhoa, there is an old burial ground. Pakehas have been going over there and looking for the old greenstone. When we go over there and find stuff we respect it and take it back on the hill. At the point of Motuhoa, there is a taniwha there. He is a shark and he has been there for years, and he IS still there, you just leave him alone he wont hurt you. That place at the edge sometimes we used to go out and we would throw [koiwi or skelatal material} down the taniwha's hole." He considered this a most appropriate place to re-intern such material. 28 Ngati Kahu have a number ofkaitiaki associated with their river that manifest themselves at certain times. Poripori is one known by name and associated with the Ruanganara Stream. Poripori was chased away by Te Taniwha called Te Pura. Another association with the area northwest of Wellington is linked to the flight of'poripori from the Wairoa River area to Paremata. Poripori,was too ashamed to return to Tauranga: The name Poripori though remains on the Poripori Block, in the hill country behind Whakamarama, Ngati Toa changed the name from Poripori to Porirua, as it is recognised today?89 The rangatira taniwha of the Wairoa river is known as Te Pura The name associates the land and the ancestral river in a uniform way as a source of strength for the people ofngati Kahu?90 Once again a tuna is the primary form of the Kaitiaki -Te Pura, who might also manifest itself in a secondary way through a myriad of younger ones?91 This manifestation was apparent when a school child drowned during a school event on the river. The searching groups had diffieulty finding the child's body. After some time, the searchers enlisted the help of the community's tohunga 292 who, ~Jf completing rituals and incantations, instructed the searching groups to search in a particular area, without physically entering the water. Following these instructions, the groups stood on the rqad bridge and witnessed the many circling eels who, after a time, delivered the corpse back to the surface. There is yet another kaitiaki association for the Wairoa river mouth area, The name of this kaitiaki remains the preserve of the hapu, but it manifests itself to whanau in a number of ways. These manifestations are recognized, understood and valued by the hapu?93 Ngai Tarnarawaho refer to Taurikura, who is kaitiaki of the Waikareao Estuary and out to the open sea between Karewa and Tuhua?94 Peri Kohu~s interpretation 295 ofthe role of Taurikura is: 288 Terry Ratima Transcript C3, 289 Pl' ersona communication. A ntolne. C OJJln 'f/i 290 ibid 29/ Pat Wheoro Transcript, CI refer to Mokohiti Brown, transcript, CI2 291 Refer Ngati Kahu Transcript, C/O. & Mokohiti Brown Transcript C / Mayor Island. 295 Peri Kohu. transcript, C20

127 118 "In isolation of the common people, the story is told of Taurikura, and being asked to fetch her koroua some water from down by the river from a pool at the source of the river. The outcome of this story is that Taurikura, takes a new form and role. Its about the frustration of the koroua when he went down to the water himself, this spoilt young girl called Taurikura decided she was going to be thristy also and when Taurikura asked for some water her koroua rebuked her. Keeping in mind that after rebuking Taurikura she proceed down the river where she chanted the karma that changed her from a young woman. She transformed into a Tuatara. Taurikura never actually completed the transformation when her koroua discovered what was going on. Leaving the Taumata area in the vicinity of the Ohane river, Taurikura, then carved a pathway out to the islands ofk.arewa and Tuhua. The pathway which she carved is in the line of the Ohane river, the Kopurereu and the Kopureroa, where the river divides into two, and further down reconvenes in the Kopurerua river. The Waikareao estuary is at the southern end, following the old stream out to the Awanui, the entrance at the Mount and Matakana, out to Karewa where she resides to day. The story of Taurikura, identifies the Ngaitamarawaho boundaries. The history of Tauranga is akin to this story of Taurikura." Matekohi Tatl 96, when asked if Taurikura would be classed as a Kaitiaki, responded: ---" \"".",/1 " That's Taurikura's moana right there. From the industrial area at the back. The Kopurererua, thats her river. She ended up at the Mount and she is at Karewa now." She continued to talk about a time when she and her whanau had gone to Mayor Island to dive for kina. Her brother, Tuti, nearly drowned when he was almost sucked into an underwater cave by the flow and. surge of the current. He spread his. arms and legs across the cave entrance and waited for the swell to push him out and back. Ifhe had not had the foresight to. \ take the action he did take, he may have drowned. When this event was retold,to older relatives, they indicated that although Tuti was bound to have been frightened by the experience, Ngai Tamarawho's relationship with Taurikura ensured Tuti would be protected by their Kaitiaki. Similar associations are linked to the oral history of Piripi and Mokoroa, in relation to the Waikareao Estuary. Peri Kohu 297 continued: "... again you hit the Kopurererua river, a mile and a half up the river YOlJ.come to, on the left hand hills there used to be a pa called Puke Toromiro. It was the marae of Mokoroa, the oldest child of Tahuriwakanui and Taumata. :He lived on this river which was a highway fr9m there to the moana and the ngahere, probably a third of the way up the river, to... where the racecourse is now. For some reason the korolla from Puke Toromiro hadde.ci,ded to keep themselves separate from the families at Judea. The reasons I am not to clear on except, Piripi~ecided that there was a maiden living down at Judea that he wanted to see. Piripi used to come down to the tiver and mimic the birds. [ In this way] they would recognise each other. But Piripi went against his dad's wishes, which was to learn the laws of the whare wananga and the karakia, and all of the things he was wanting Piripi to learn. 296 Matekohi Tala. transcript. C Peri Kohu. transcript, C20

128 119 What..... the old koroua did one night, he wistled the bird call and presently the young maiden came out of the wiwi. There, she was trapped by the koroua, Mokoroa, who determined this young woman (should) go to the underworld... The taniwha that was living in the river at the time, then took that young woman to the underworld. On finding that out, Piripi got angry and beat up his father, and threw him from the Marae, and recalling the words that the [peri's dad] old man used, 'he rolled and rolled and rolled down to the river. Mokoroa then hopped on his waka and went down to that place at the mouth of the river. On the journey down to the river, his boat was pulled down and he found the tremendous strength of the underworld. The boat was physically pulled under the water and Piripi was brought into the presence of his tupuna... and where the question was raised to Piripi, that he should justify, why he laid his hands on his father. They were going to keep him there or kill him,... Apparently the korero from this young maiden saved Piripi's life, and whereby they were both returned... ki te Ao Marama. That is the love story of Piripi and Rihi. I neglected to say it was a tuna that took both Rihi and Piripi to the underworld.,,298 This account demonstrates the personal mana of Mokoroa and recounts the role of the kaitiaki tuna in taking both Rihi and Piripi to the underworld to stand in front of their tupuna Associations with physical features in the landscape The modification of coastal and estuarine margins and the increasing density of the built environment, have contributed enormously to the loss of the oral traditions ofngati Ranginui. It is a strategy wh~ch has resulted in the marginalisation ofngati Ranginui, compounded by the depletion and degradation of the Harbour. The physical landscape and natural features of the Harbour, the estuaries and bays, the river and riparian margins, act as a cue to the oral maps, the patere, oriori, tauparapara or moteatea. These oral maps carry a wealth of knqwledge, history and reflection of the experience of the whanau and hapu. Traditional and customary associations are very much maintained by traditional placenames. Important knowledge and reference poip.ts to the heritage landscape is lost when traditional. placenames are replaced with thematic street name preferences of the developers. Retention of ancestral placename retains the whakapapa, and points of reference, to Ngati Ranginui lore, traditions, practices, cmfts and skills. Many of the hapu respondents to this report live in the same coastal location as their forebears; -Te Pirirakau whanau live in the Te,P,una area around the ancestral settlements like Oikemoke and Rarapua. Ngati Kahu live on the banks of WAi1roa River, accessing the fisheries from there. Ngati Hangarau look over Matua Iwi and Wharepoti. Ngati Pango look out over the northern bank of the Wairoa river. Ngai Tamarawaho look over the Waikareao and Kopurererua river mouth. Ngai Te Ahi and Ngati Ruahine look over the Waimapu river and estuary. Ngati Tuapiro maintain their direct relationship with Tuapiro estuary and river, sites have remained within the gaurdianship of whanau and hapu Peri Kohu, transcript, C20

129 120 At the same time, these settlements are under constant pressure of urban growth and development towards the coastal edge. Development is becoming increasingly dense with a perceived "wall of houses" on the opposite shore of the estuary. Because of the environmental impact of encroachment, the ability of the respective hapu to fulfil their obligations and roles as tangata kaitiaki, or meet the traditional or customary requirements of harvest from the fishery by whanau is severely compromised. The increased demands on the fishery by recreational fishers means that some estuaries are unable to sustain the traditional and customary levels of harvest. The oral maps related to the harbour and its margins are constricted by the high degree of modification which obliterates or conceals the natural features of the heritage landscape. Degraded water quality undermines the Ngati Ranginui' s customary relationship with the Harbour and esturaries. The relationship has become more tenuous as the inclination to play, swim or gather food, to explore the natural environment of one's turangawaewae. Ngati Ranginui has concern that the Crown's actions have percipitated a decline in the skills, knowledge and experience that characterised the relationship between the whanau and the hapu of Ngati Ranginui and the Harbour and esturaries. In the light of the Crown's assumption of governance over the Harbour, Ngati Ranginui is still in danger of being unable to revive and maintain tikanga and kawa, which under the perceived rangatiratanga of Tamatea Arikinui, defined both the scope and the limitations of the use, management and control of taiapure and mataitai. The following section recounts the heritage relationship and associations with a number of sites within N gati Ranginui rohe. In this section I rely heavily on three of four respondents, as the people who have retained the oral maps and who are still able to envisage, in their minds eye, the heritage landscape as it,once was (1) Motuapae "At the time of Mauao, Otanewainuku and Puwhenua were neighbours back in our history, Motuapae was one of the admirers of Mauao, But Mauao had no eye for Motuapae at all. He [Mauao) was more interested in what was happening between Puwenua and Otanewainuku... Being a part of that whole scenario, Motuapae did the same thing and decided to follow Mauoa. Today you find Motuapae in the middle of the Waikareao Estuary as a pa of Tamarawaho... Motuapae came from a place called Te mimi a Tuhi. Running up thevalley behind the Judea Sports Club is a creek that is a part of the old swamp that used to be there. Motuapae is where she is now because of her love for Mauao, and because she tried to follow Mauao. Te Urutapu, Tamarawaho's son was involved in battle with his Ngapotiki relations on Motuapae turning it to a wahi tapu. Subseqm!~tly it was never used [it] became our modem urupa for Tamarawaho people. I don't know of any other pe6pt~ 1;mried there. In our memories, there is reference to Patupaiarehe 299 lifting Mauao from up in the Kaimai ranges through the gorges that came out of the earth behind Waimapu. Mauao resided between Puwhenua and 299 Faries

130 121 Otanewainuku. The earliest reference to the history of Tauranga is the Karakia of Mauao. Enshrined int is the movement of Mauao to where it is today." 300 Continuing the reference to Patupaiarehe, Kara Tawa and Waiora Nuku recall their experience of patupaiarehe. The kind of thinking and korero that Kara and Wi present here, demonstrates a linkage to the first period of settlement referred to by Peri Kohu 301 as the period of the movement of Mauao to the coast and the role ofpatupairehe in that movement: "I have seen patupaiarehe [signs], where Nga Whetu and my grandmother the two old kuia, used to have their parahia. This was the first time I had seen the [signs] of the patupaiarehe... the two old kuia, [cried] and started swearing about the patupaiarehe paru on their kumara. I came and asked. 'What are you doing Nanny' and she said, ' the patupaiarehe'. I thought that it was always fiction, about the fairies that people talked about, 'but when I looked at it was a shinny thing I knew what they were talking about". That the island had moved was recounted by Matekohi Tata thus: " That is where that island has come from. [the area of the Huria sports field] it had a house on it, on that island, You know uncle Maharaia, that was his essay at the college. When it came to examinations that was his thing, it was Motuapae. The inspector who had come from Auckland, lobked at Maha and looked at the teacher, and said to the people, 'this boy has a lot of brains, if you looked at his work'. He congratulated Maha and said he was a great story teller. Maha he said 'its not a story though, its the truth'. He turned around and Maha said 'if you don't belief me I'll take you there'. Of course the teacher, inspector said, I think he's right, 'Yes, my parents, all our Maori relations from Ngai Tamarawaho will tell you that, and~ the truth to them' They had to give in to Maha, they said 'well if that's it, it must be right. The teacher e'v.;.;l1 came to see our old koroua to tell the truth." (2) Te Waipipi - Te Whanau 0 Tauwhao "My understanding of them being there, is that of the beach keeper families. No one [else] stands out in my mind [as the kaitiaki of beaches]. They sit a Tuhua, and Motiti and Otawhiwhi and accross a Matakana island. Its good that they are related to the Moana in that way... Te Whanau 0 Tauwhao consists of 5 hapu, of which our part of it is down to Kiriwehi, who at the time resided at Rangiwaea. This [descent from Kiriwehi] explaip.s Taingahue being in Poike lands, and Tutengaehe in Huria lands, understanding the method of mamages in those days,... marriages were designated. Then, it speaks a lot more about [why] Tutengaehe has parts of the Huria lands and Taingahue parts of the Waimapu Lands" Kiriwehi is referred '~n:'another occasion with accounts of him rowing home to Tuhua, being provisioned with food he would set off in the morning after attending tangi at Otawhiwhi and rowing home to the island. 300 Kohu Transcript C20 30J Refer to commentry page 6 regarding three settlement periods of the mountains, of Kupe 's travek here and of the Waka settlement. 301 Mat Tata, C23 and Charlotte Nepia, Transcript 303 Peri Kohu Transcript C20

131 122 He would take him half a day to get home. 304 This reference to Kiriwehi recounts the way in which seafood would always be packaged for visitor's return trip. If a group came from inland, then the provision included where possible enough seafood for one or two meals for the hau kainga of the ope (3) Otanewainuku The prominent peaks in the area, not surprisingly, are landward markers to fishing grounds. By aligning the peaks with other secondary markers, the fishing grounds could be found. According to Peri Kohu,305 Otanewainuku "Is a particular reference of significance. It is our [Ngaitamarawaho's] southern boundary with Waitaha. There is no one else between us and that boundary, and the two mountains, Puwhenua and Otanewainuku. To the east of Otanewainuku the boundary follows the river Wairakei. This is the Tamarawaho boundary" (4) Mauao Mauao is a chiefly icon, a prominent and outstanding natural feature. Mauao is also imbued with the wairua of Ngati Ranginui because it 'houses' the mauri of the waka Takitimu,and of Waitaha and others who mentored and supported Tamatea Arikinui and Rongokako's vision to follow,the path set by Kupe. To Ngati Ranginui, Mauao is the focus for the period of the Patupaiarehe and the movements of the mountains, before the arrival of Kupe. Mauao also references Kupe's role in bespeaking the lands from /'\ Mauao for the descendants ofte Waka 0 Takitimu...., Because of this association, Ngati Ranginui whanau and hapu are able to refer confidently, to the saying: 'Kaore e ngaro te kakano I ruia mai I Rangiatea'. - the seed from Rangiatea will never be lost. However, while this does establish the rangatiratanga of Ngati Ranginui at a purely spiritual level, the control, management, use and development of Mauao is a more direct and meaningful way of giving expression to that rangatiratanga. Peri Kohu provides this commentary to clarify who lived on Mauao : " It was Ranginui's brother Kinonui who lived on the mountain, Taiwhanake of the Two Cloaks lived there. Kinonui being the last Ranginui chief, that resided on the mountain. He was ejected from the mountain at the time of Kokokwai,306 Ranginui's pa being Pukewhanake at the mouth of the Wairoa river. But with reference to Waitaha and Hei, it actually came through our kuia Ihuparapara, being one of the wives of Tamatea Pokai Wh~~J:!:a; She had a son called Ranginui. As mokopuna to Tamatea Arikinui we have the maunga [Mauao] asoui v'oery own. Treating it with the respect of our koroua Tamatea Arikinui who planted the mauri and saying karakia to those who had guided them to this place. Tamarawaho's history has revered 301,;; rejer to N' epta B ryan transcrtpt.. 30S P ert. K 0 h u, transcrtpt,. C ""'- Often refered to as the battle ofkokowai where Ngai Terangi led by Kotorereua used a ruse of delivering treasured kokowar (red ochre) and bad weather to gain entry to the Ranginui pah after dark. Generally it was against ptotocol to enter the marae after dar. Kotorerua used the opportunity to eject the Ngati Ranginui and Waitaha Peoples.

132 123 the mountain. It also carries the words of our koroua, that buried on that 'mountain, are two of our l chiefs. I refer to Tamatea Pokai Whenua. That would give some idea of the seriuosness of the respect required there. Also in respect to the battle of Kokowai, being the last time any of our people lived on Mauao. The people subsequently made it tapu, and that's why they didn't live there any more'?07 Morehu Ngatoko complements this account: ''Nana i pou ai te mauri koia tera no tatou nga iwi, ahakoa i te wa a te pakanga, ka ngaro a Ranginui, engari, he maha nga korero e korertia ma te pakanaga mai, te timatanga a te pakanga, hei pakanga ai. I mohiotia ana te ahuatanga e timata ai te pakanga, na kua koroua 0 tetahi a matou, mau tonu te mauri a te mana e pangia ki Ngati Ranginui mo tana mauanga, ara ko ratou nga whanaunga a Waitaha" (5) Mangatawa. He marae a Tamatea Arikinui Once Maunga Mana (Mangatawa) stood as tall as Mauao. The quarrying of Mangatawa for fill during the construction of the wharf at Mount Maunganui, is recounted in several transcripts. Those who had a depth of understanding at the time, suffered in silence. They were able to intuit the hurt and sadness felt by others at. the destruction of an urupa, pa site and maunga korero. "Tamatea Arikinui (during) the thanks giving at the top of Manao,... chose Maunga Mana, as the place to build his marae. Eventually the marae was built and he lived and died there. Ranginui resides at Mangatawa today. There are some different accounts that might confuse accounts. Mangatawa is that, its the pal--~(' Tamatea Arikinui.,,308. \ As the whanau who were living at Mangatawa were fishing on the shores of Papamoa, Kahungunu got excited and started jumping amongst the fish. Whaene, being annoyed with his brother's actions, picked up a tamure" and threw it at his brother. With that action, Kahungunu left Tauranga and went to a place on the East Coast at Nuhaka. A placename at the East Cape, Tutamure, commemorates Kahungunu's naming of a child. Morehu Ngatoko adds to the account of Kahungunu and Whaene in the following way: "He hohonu mo Ranginui. Ae he tino hohonu no te nohoanga a Tamatea Arikinui. Koi na te nohoanga a Tamatea. I haere ia ki reira, tirotiro haere i nga whainga pai mo tona noho... Noho ai ia, ka puta te korero, a Kahungunu me wetehi a ona tamariki... ki tona kamokamo ranei. Kaore ia i haere i te mahi. Engari ka tae ki te kupenga paki ano ki te tamure te tino hohonu.',jo9., Matekohi Tata adds these aspects to the significance of Maunga Tawa, indic/iting the underlying association Ngati Ranginui have with this site: J(}7 Peri Kohu Transcript, C20 JOII Peri Kohu Transcript C Morehu Ngatoko Transcript. Cl9

133 124 ;" "Tamatea Arikinui coming in there, he named all those mountains from P~whenua to here,... Papamoa, that area is ours, from the Mount through to Papamoa. His marae is on top of Papamoa. I knew that, grandad told me... We had to go there to collect pingao for the tukutuku [panels]... Te Hare took us there. He made us sit down... then he recited the korero when the Takitimu waka came in. He [Tamatea Arikinui] built a marae at Papamoa, he was there at certain times, to fish. They used to hangi their fish and and wrap them in kamokamo or taro leaves and put in packs and carry it up to their store houses up there. We all listened and when he finished he looked to points out towards Whakatane and [Te Hare] said to stand up... sure enough the hangis were there. We found, three hangis, allover ground and he opened them all up. One. Two. Three.'.310 Tei Walker, recalls a delayed reaction about the desecration of the site and inappropriate use or management of the material as fill: "When I worked on the Wharf, I didn't feel uncomfortable... till I realised that the rocks came from Mangatawa. All the fill from Mangatawa was used to build the wharf?ll He continued, "Y ou [would] think about it, but you keep it to yourself. You think about all the old people who walked over it. I think that because it was under asphalt and concrete, it was part hidden. I felt a bit awangawanga. I often thought about it and talked with Montl l2 and those others, who said the s<m1e and felt the same',313 -~'.~~ ",.,,-,,/,,} Morehu Ngatoko in his employment at the time, drove cartage trucks, moving the fill to the wharf. There was the same sense of disquiet for him, but the pressures of the time and with little recognition of things Maori at that time, meant that in spite of his feelings about the matter the employers' wishes always had priority. He described it all in the following way: \ "E Aroha ki ahau i mahi ai i nga wha tekau ma warn pea under the Public Works. Iroto i te tau rima tekau ka timatia te mahi ate wapu nei i aro i te Public Works. He taraiwa a nga big diggers nei. Koi ra te mam... E aroha i taua wa te tamariki hoki, engari ki te mahi a wa matou mahi i reira. Ka meatia, he horo i te whenua, ara dynamite nga quarry. Uhia, ka hora nei na ka hora mai nga toka, ka haere mai nga koiwi. Ana ka korero au ki taku rangatira nei na. Engrai ko te rangatira i taua wa ko te Mcleod. Na ka whakakiki nga koiwi i te poaka ra ara te parirau. Ana ka haria ia te mea i roto i nga urupa ki reira. Enagi he kainga tuturu tena 0 Tamataea. Ko Tamatea, ko tatou Ko Ranginui.... ae, he tino awangawanga. Heoi ano i te kuwareware i nga mohioitanga 0 taua wa. Kaore he tono ake me penei, me pena: Hia ano he mahi, ko i ra te whakaaro 0 taua wa muri noa iho, nga pitopito korero, e mahi ana i te wapu... Engari i awangawanga mataku taku koroua i tera wa.,, Matekohi Tata Transcript. C To Ngati Ranginui hapu are currently involved in the assessment of new roading options to carry SH2 traffic through a corridor that involves the Hairin bridge causeway. The Hapu have rejectedany proposalfor construction o.f.new estuaries within the Waimapu Estuary Monty Ohia. Nga Potiki and Ngati Pukenga 313 Tei Walker Transcript C15 3/.1 Morehu Ngatoko Tanrscript C19

134 125 Morehu reiterates that at that time, even with tangata matatau, there would have been little differ Regional development was the ethos of the time. Peri Kohu focusses on a whakapapa element, the way in which Ihuparap~ sustains the close relationship with Waitaha a Hei and others:. "There is the story in reference to Ruarangi's visit. At the time Irakaiputahi [was]travelling the country with his cousin Tamatea Pokai Whenua. They said that Ruarangi visited and was given the comforts as of the tradition of the time that being of the high born blood. It was Ruarangi's visit and marriage at that time, that produced those kuia called Ihuparapara and Iwipupu and gave her whakapapa a direct link to Ruarangi and to Waitaha and to Hei. It is revealed in Tauranga when you look at the lie of the land who is living where in Tauranga. People in Tauranga are living side by side with those who share that whakapapa. There is never a time in our history where we were in conflict with Waitaha. Ranginui a Hei is a reference to our earliest connections to Waitaha because you will find their koroua Ruarangi on the roro of our marae, as a babe in arms in the roro of our marae. That's Ruarangi, inside Tamatekapua is there, Tapuika are there, the brothers very much the Waitaha connection is there. It is revealed in marriage and at their meeting in Rangiatea, when the koroua gave him that piece ofwood 315 to make the canoe in the first place.,, (6) Kaiarero "He kainga kei reira i tenei taha 0 Matua Iwi311 Ko te ingoa i te pa ana ki te pakanga tuatahi. Ko te Kaiarero. E rongo tonu i taku whaea, 'haere mai, me haere ki te mahi kai i Matua Iwi, ki heoi ano he tamaiti I taua~, kaore e whakamarama te hohonutanga e te ingoa wahi tera. Ka koretia mai te korero 0 nga pakanga i taua wei, i nga pakanga mai ian gapuhi i ta ratou haere mai ki reira. Ana ka pakanga. 0 tatou tupuna e mohio ki nga wahi mara waiwai, he swamp. He wai ano i reira i etahi 0 taua takiwa he quicksand. Kua mohlo katoa tatou... Ana e whaia ana a Ngapuhi, ka takato ratou, ka mau etahi a nga oi nei, ara kua heke ki reira, ana ka puta mai ana arero. Ka tapatapahi, ana, ka kai i ta ratou arero. Koi nei- te timatanga korero, ara te Kaiarero. Koi nei taua mea" 318 Peri Kohu adds to the event in this way "Kaiarero is the name derived from the time that Ngapuhi visited Tauranga, in their journeys and had a fight and stopped Cit the pah Kaiarero, Otumoetai Pah. [They were] successful,overtaking the pah on the way down. They continued on their journey to Whanau Apanui. On the the retumjoumey they decided to stop at Kaiarero, but that was the last mistake they made, becausehori Tupaea and his supporters were able to take utu for the flrst instance. The people mortally wounded had their tongues cut out and eaten, by the Tauranga people at that time.. Tb,.ey were then pushed out to the swamp, and buried in the swamp. Kaiarero is wahi 315 Waitaha's sacred tree Puwhenua that he gave to Tamatea Arikinuifor the building ofth~ Takitimu wa~ 316 ibid_ 317 Matua [wi The first families' known today as Tilby Point 318 Morehu Ngatoko Transcript CJ9

135 126 tapu on a special count. Kaiarero should not be forgotten [for the comming together of Ngai Te Rangi and Ngati Ranginui, to repell the Ngapuhi].,, (7) Tahuriwakanui. The Capsized Canoe Peri Kohu 32o describes the significance of Tahuriwakanui thus: "The name i~ in reference to the sinking and the loss of a Ranginui waka and a group of Ranginui people out on the Moana, when a gale turned the waka over. All were lost. Tahuriwakanui is significant because many of the battles in Tauranga result from that accident. The sole survivor was saved by a Ngai Terangi woman out on the foreshore at Papamoa, but that survivor was subsequently killed, and this led to the battle of Te Tumu,321 Kokowai, The battle at Otamataha, Te Riri K.i Ongare, Pukehinahina [Gate Pa]322 and Te Ranga.,,323 ~ <,j (8) Otamataha. Landing site of Takitimu According to Peri Kohu, the landing site for Te Waka 0 Takitimu is "... a place that is called the Domain, the cemetery and what we call the Elms is important to Ngati Ranginui. It is said to be where the Takitimu.. came accross to land at Tauranga in a place called Otamataha Otamataha Pa was the site of the last battle between Ngai Terangi and Ngati Ranginui, between Takitimu and Mataatua. It has from that day to this been wahi tapu. That area is not visibly treated this way by our generation, but my mother's and father's generation it was in fact with some of them, [that even though there were shell fish beds in that area] they were told not to go on that side. It was more prevalent in our parent's generation. If you did then you would be in for a hard time" (9) Waikareao Estuary E RERE TE KORERO - E RERE KI HURIA He Waiata Na: Anaru Kohu 0 Ngai Tamarawaho E rere te Korero - E rere Ki Huria Ki te kite e koe I a Mere N garea mai nei e Hinewa Tu mai, tu mai - tenei taku korero nui atu taku hia hia Ki to murinei. ~ Hinewa.. '.. :"'~ >'.. ',J" Tenei aku turi 319 Peri Kohu Transcript, C20. m ibid m Ngai Terangi pah destroyed in the Papamoafoothills m 29 April 1864~ military occupation oftauranga leading tobattle between Maori oftaun;mga ancj-.imperiai troops. m 21 June 1864 Battle subsequent to Pukahinahina.. JU Peri Kohu Transcript C20

136 127 te phil nga hia Manu-nui Kei reira e noho ana Ki to hamurangi nei - e Hinewa Katahi nei te wi kino e patu patu I aku mahara Kia piri kau nei au Ki to uma nei e Hinewa This Waiata refers to a special tuangi called Te Whangai a Tamarawaho Ki Te Ukaipo Mo Nga Iamariki. There is constant reference to this tuangi bed which was harvested primarily to meet the requirements of pregnant mothers and nannies. The tuangi, although small in size, was incredibly rich and sweet. This waiata refiects,the koha made by the kuia rangatira a Hinewa, to the sustenance offuture generations of Ngai Tamarawaho;!.' Morehu Ngatoko, when discussing the importance ofwaikareao Estuary, stated: "E korero ia tatou mo to tatou maona mo te Waikareao. Heio ano timata mai i te ngahere e karangatia ra ko. Te Taumata, te reretanga mai 0 te awa tutaki mai ki Waikaraeao, a tutaki mai i nga wai a Ngamanawa, te awa i ked haeretia mai to tatou kuia tupuna korero a Taurikura 325 I karangatia ai ko te Kopurererua.... tanga mai te reretanga ate awa ra tai mai i te kainga i karangatia nei ko Te Ocini He marae tapu era. Ko etahi ingoa ko Tukarere. Tae matai ai nga korero, koi nei te awa whangai ai otira tetehi ke 0 ~ Whanga a te hapu a Ngai Tamarawaho. 326 I Haere ia nga kuia ra ki te mahi harakeke. Ko ratou e mahi ana i te harakeke. Na nga koroua ki te hi tuna, hi aua ko matou nga tatnariki e kaukau haere i roto,a Tukarere No reira koi nei ra tetehi e pa ana a nga korere e pangia mai". 327 '. At the entrance to the Waikareao Estuary, there is the site of Waikareao Pa, close to the existing Otumoetai railway bridge. This site is significant in that it represents the coastal settlement for those people who lived inland at Taumata. The fact that the pa was there is a measure of the status of the Taumata people whose whakapapa ties them also to the Waikareao Pa. Similarly, those living around the Waikateao Estuary also have ties with and access to the ngahere at Taumata In some instances, harvest was left to the hau kainga of the area, whichwas then exchanged for foods from the forest or vice versa Associations through tikanga and kawa In the eyes of the wh~au and hapu of Ngati Ranginui, the mauri of the Harbour must be upheld by maintaining its natural, 'physical, spiritual and cultural integrity. Contemporary expressions of Ngati Ranginui aspirations, are: 325,{; 1 '1' 'k /G.. k'. rejer 0 I aurl ura. mtla I section p 326 refer 10 Taurikura in the combined report 327 Morehu Ngatoko Transcript C19

137 128 Using the resources sustainably. Maintaining the integrity and quality: of the resource. Enhancing the biodiversity of endemic species. Integrating the reciprocity between the physical and spitirual worlds~ Reinforcing cultural linkages between the land, the water and people. Sustainability Precaution Diversity Balance Cultural affirmation Mauri Respondents from Ngai Tamarawaho told of the sea horses 328 that used to be found in the eel grass of the Waikareao Estuary and the Matua Iwi area of Otumoetai. They considered this to be a benchmark of the mauri of the estuary. The sea horse is now extinct within the Waikareao, and has not been seen at the Matua Iwi gathering sites for years. The loss of the eel grass beds and siltation, as wen as the degraded water quality has, in the view of whanau and hapu, contibuted to the loss of the seahorse. Damage to the mauri of the Harbour means, if one life force of the estuary is lost, then the total quality and life-sustaining capacity of that resource is weakened. The cumulative effect of loss of species, habitat and character reflects the reduction of the mauri and life sustaining force of the Harbour. The following extract provides an insight into the mauri of the estuary in practical terms, reflective of its strength and health. The following excerpt focusses on the Tuapiro Estuary and reflects the uniformity of accounts about estuaries across the whole harbour: "There is a plentiful supply of patiki and other fish too like mullet, kahawai, trevally the pioke used to come up too. I think one of the main foods for them is the roro; the pioke They'd just go out ~d spear them. Before they go they would always have karakia, the ri~l~ of going out. [We] had kina and the red snapper and what we used to call hiwihiwi, a spotted fish, that was another fish that was there. Tio was there. The pacific oyster has always been there. ' Another kind of kai that comes to mind is the toretore, the sea anenome. They would never come back with nothing. This estuary. had a plentiful supply of fish - patiki, pike. The inanga, that was plentiful You could get about a bucket. They [got 1 the leaves of the punga tree and put it in the water, weight it down and a kete at the other end. But they only took enough Herring just over here;:;(tremember one thing they didn't even have a net. They walked up the river and get in and flick them up. The"se herring used to be big. They came up here to spawn, same with the mullet. They would be time they were left alone,... about October they come up mullet up here. Parore was pretty. easy to get with a spear - they used to go along the rocks and spear the Ish - it was an art. 328 refer to transcripts C20 & C21

138 129 [We used to] spear the stingray and use the wings. The cockle beds, were known beds. I can remember going out and the tuangi were that big, huge tuangi. The shell fish was tuangi, pipi, kukuroro, that was plentiful. The pupu, the titiko, the ones with the brown hom they were like crayfish, that was a delicacy. It only took a minute to boil That was delicacy. Then you had papaka kaitoretore they were plentiful. Tikanga A range of practices emerged in the oral infonnation that reflect the regard for the resource beyond mere food or commodity: Don't shell your food at the sea shore. Shell fish and fish are the progeny of Tangaroa. Do not denegrate the koha of Tangaroa by eating or dismembering them in view of the parent - Tangaroa. Give the first of the catch back to Tam~aroa. To acknowledge the gift of Tangaroa, demonstrate selfless-ness of fishing or mahinga matatai for the benefit of the whanau or hapu epitomised in the following comment: - " Who ever went to get a kai was happy to let the others go first, you want to see the expr~ssion on their faces. The kai is cooked, and every body comes to the table,... te wai, me te paora noa iho, but te reka te k. M h' k..,,329 at a taua wa. a no 0 la a titlro. Keep fishing equipment separate from clothing and so on. Recognize the sacred dimension of all activities. Recognise the sacred domain of Tangaroa. To demonstrate respect for the sacred domain of Tangaroa one would ensure the extrinsic influences of other domains we~e contained by keeping nets and other fishing equipment separate from equipment used for other purpos.es. Conveying this equipment directly to the fishing site or grounds and then directly to their place of storage~was a practice that demonstrated respect. Don't hang your tuna -ika pawhara on the clothes line....~ Maintain the separation of tapu and noa. "Appreciate what you get, and if you have got surplus, so the next family gets some. If you should have more than what you have, then give it away. You must never waste food, the same with the pipi, if you have too much, give it out.,, ~ 319 Rape and Maureen Pearson transcript, e22

139 130 Karma to prepare to enter the sacred domain. Even though the progeny of Tangaroa sustain and provision our storehouses, have regard for the mauri of the food, of the sea. Complete ritual that deomstrates this regard. Karakia shows respect. ' Rlan your harvest. don't waste it. Do not denigrate the progeny of Tangaroa by reducing them to a commodity or because of greed the kaimoana is wasted. "... they tell you to pick a small pipi and thats a small pipi, they tell you one thing and mean another, pick the small kai moana, and they tell you to take them back. Yet they tell you to go and get a small patiki. The reason being, is that they are the sweetest, take these back home and mother or the brothers would wash them, gut them, a bit of salt and the onion, and when they are cooked they are so sweet. They give us some too. That's all we had was the patiki and pakipaki bread. Koi na anake te kinaki, 0 tenei kai, me inoi koe ki te atua, mo ona kai i homai au, te kai reka, but you see the flounder going in oneside of the mouth, and the bones coming out the other side.,, Associations with the Harbour as a kete kai ~ Once the Harbour easily filled the food basket. Target fish mullet, snapper, kahawai, buttemsh, flounder,,. herrings, were common throughout the estuaries and the Harbour. Dog fish, oysters, pipi, paua, tuangi, pupu, flounder, mussels, titiko all filled the kete and provisioned the households. The following accounts \ demonstrate the range and type of sea food available throughout the Harbour: " Just down here in the Waikareao Estuary we would go for patiki with a spear or lamp. It was the men folk who mainly went for the patiki. Mahi titiko, or pipi or tuangi, is what we would mainly do. We had our pipi beds)just on this side of the bridge and the other side of the the railway bridge. We (would) get them around at Mama; IwL (You can also) get pipi across the other side of Papamoa, kahitua. 332,. ':' I have fished quite often at the bri4ge [Otumoetai railway bridge}forfloundel';' When we had a dinghy, I would row all the way out to Matua, with my grandiilother and grandfather, and a cousin sometimes, just out by the marina :<1t Sulphur Point. There used to be a pipi bed there once. Its not there any more, they dug (dredged) it all away, nga pakeha. The special pipi bank was away from Sulphur Point in the deeper parts, there's nothing there any, more. They used to be quite big pipis there, but the one further back in Waikareao they were the bigger:oi4s;. We put them in the sun until they open up and then strung them and hung them to dry. When it was time to eat them again, you only put in the water to soften. Didn't have to cook it again. In those days you would see strings of dried pipi, especially with my mother, all over the place".333 J30 Ron Tarawa Transcript Ci8 m ibid m Matekohi Tata Transcript, C2J m ibid

140 131 " Right around at Waipiro, there used to be a lot of holes around there, where we used to set our nets for mullet. Around towards Oikemoke, we used to get mullet and snapper. A lot of the fish have gone missing. When we caught fish it was five or six pounds. Big fish. These days you never catch a fish that big. All the pipers used to' be here, we used to catch them in the net they are all gone. Those are the kinds of things that have gone missing. We have got some pakeha down there they run their race horses along our beach, we don't think that they should be allowed to do that, because they are running all over our kai. I used to go around to Waipiro for the mullet, and used to set nets back along. As a ten year old, I used to go with our fathers, we would row our boats down to around Oikemoke, we would sit out there on our boats, we would see dusts (salt spray) and we would drop our nets, forty yard mesh, catch about 80 fish in one haul. These days you can set your net 100 meters and only just get a feed in the Harbour,,?34 " I've eaten it,[pioke] and they make us sit there and we would eat it. They used to let it hang there for months and months. When it was time to bring it down, you had this pot of rlwai and you put it on the riwai. People would eat it. It would cut my breath. It was as hard as leather, but you chewed on it. Couldn't forget that. They would bring them down from the hedge or the trees when they wanted some. When you see all the fly blows, but they wash it off. They dried it in the sun. Just like the tuna hanging in the fire places. The iroiro are so momona... but it didnt matter, cause the maggots are only eating the part of the eel [they were going to eat] It was split 0rsen... she hung her kai, on the peach tree, if she wanted some, she would just go out and get it from there"? 5 " Same with eels, they were hung outside, unless there was a moon coming up, she hung them in - chimney and smoked them that way,, \ " When they do catch shark, they hang them up to dry... on the line, in their own back yards, but you had to make sure they were not hanging up when the moon shines, you had to take them away. As soon as they knew there ( was a moon coming up, they would take them away, otherwise the moon would take the best ofit. That's the Maori way. People [would] have the little wee flounders from the Waikareao. They used to bring them home and boil them up and eat everything, We used to go down there at night with a torch and get the really big ones. One good thing about [that was] we [would] share our kai, you can't just have it pn your own. Not that we don't like doing it.. We do, but the thing is you know your cousins, they share it." 3~7. " Sometimes I went with my two cousins, Tame and Tawhaki, with a cousin Georgina. I was asked to accompany them fishijj.~.. It suited me. Off I went, packed the cal. This was at Te Awaiti, on the other side going out of the MOlint' 'There was a special rock that I had to stand on, and the two brothers went way out, 134 'T' Ra' 'T' C3 J. en tlma J. ranscnpt.. 13j Maureen and Hape Pearon Transcript.C ibid 337 Maureen and Hape Pearon Transcript.C22

141 132 and started diving, by the time they finished they have come up near me with sacks, just two dives and you [could] get what you wanted. That place was great, full of kina.,, POST TREATY ALIENATION The management of the Tauranga Harbour and its waters has been an ongoing issue for Ngati Ranginui for many years Failure to recognise the full extent of Ngati Ranginui's traditional and customary relationship with the Harbour Failure to recognise the full extent of Ngati Ranginui's traditional and customary relationship with their fisheries and estates, facilitated the progressive erosion of their relationship and the imposition of a development foot print. It also impinged on the ability ofngati Ranginui to transmit the full context of their customs, practices, knowledge and experience as kaitiaki over their assets. Agencies may have developed inventories of resources which are of spiritual and cultural significance to Ngati Ranginui, but without specific interventions and enhancement strategies, those inventories are an inadequate and inappropriate basis to mediate and protect tangata whenua interests in respect of the use, control and management of Tauranga Harbour. Degraded water quality undermines the relationship Ngati Ranginui have customarily had with the Harbour, because it distances the people from their inclination to play, swim or gather food there, to explore their natural environment and develop independence. The relationship has become redundant, partly because of the negative impact of use, development and management of the Tauranga Harbom;, The l'aiapure Provisions of the Fisheries Act and The Treaty ofwaitangi Fisheries (Claims) Settlement Act provide direct opportunities for the hapu to manage their taiapure in the way consistent with tikang~, ljjisconstttute~ an opportunity to rekindle the active relationship with the harbouf and esturaries. The abflit;y tq? take;, run advantage of this opportunity has been undermined by the Crown or Crtl),WIDl Ag nts. failme, to; retain the carrying capacity, diversity and health of the Harbour and estuaries (1) Commercial drag netting and diving Commercial <ij:ag netting and diving have contributed to the depletion oftne,custoinm;y fishery. The whanau and hapu of Ngati Ranginui lament the loss of the fishery and the impact it has had on their ability to maintain the cultural practices associated with the fishery and the expressi()l1 QfIlil:al1aaMtanga. The depletion of the customary fishery, the changes to the Harbour bed ana' other developments, have had a significant negative impact. The we~ght of nets dragged over the horse mussel beds, leave rotting material in the water, causing other filter-feeding shell fish to move. Dudley Walker ofngati Ruahine accounts for it in this way: 338 Matekohi Tata Transcript e23

142 133 'I can remember 10 years before that, the place was full of mussels The piece that Rangi found, it didn' ist long. It's people with acqualungs, they clean it out. Threats to our kaimoana is from people using lungs. The commercial licence cleans it out. Same with kina, they have got a permit to dive for kinas. I remember one place down Rabbit Island, there used to be thousands [of kina]. There was one place I left, I wouldn't tell anyone about it. I would just go on my own. I said to the young fella, 'go down there, just make sure there's nobody around. They came back with a couple of sacks the following week. I heard that they had been back. Somebody must have seen them you see, they cleaned it out,,339. During the summer months Tauranga Harbour has a large influx of recreational fishers from the Bay of Plenty, Waikato, and other areas. The harvest by recreational fishers from customary fishing grounds pressures tangata whenua requirements. Prior to setting the Total Allowable Catch under the Quota Management System, Ngati Ranginui hapu have an expectation that the cultural catch has priority over commercial and recreational catch (2) The encroachment on the Harbour's edge, limiting the natural function of coastal environment and riparian margins while progressively ex~luding tangata whenua.. The coastal and estuarine landscape and character, together with other natural and physical features makes Tauranga a highly attractive location. With an annual population growth rate of 4% there is a risk of increased speculative values to increase the investment opportunities of the district, leading to additional pressure on the coastal and estuarine resources and margins. Expectations of a 'house with a view' have compounded the associated risk to those resources and margins. -- The scars of erosion of the escarpment surrounding the estuaries can be readily seen from anr vantage point around the Harbour or its estuaries. Of the approximately 292 km long shoreline that the Western Bay of Plenty District Council and Tauranga District Council administer, 44% is subject to and/or is likely to be subject to flooding from the sea, 43% is subject to erosion, and 15% is likely to be subject to land slips?40 The demand for residential locations with Harbour views or proximity to water, puts pressure on the riparian margin, reducing its size, as well as, removing a natural buffer and filter of sediments, nutrients and contaminants; before mixing with the receiving waters of the estuaries or the Harbour. Even though the Harbour edge,has high amenity values, there is little concern or regard for the impact of such development on the receiving waters. There is a natural propensity to encroach further on the,esplanade reserves and margins. Without active enforcement and compliance procedures, the incremental loss of the margins will continue and the water quality of the Harbour will continue to deteriorate (3), Exclus.ion from taiapure and, ipso facto, the transformation of the status of Tangata Whenua'to that of an interest group 339 Dudley Walleer. NO Jeremy Gibbs, 'Tauranga Harbour Coastal Hazards Scoping Project: A Report prepared/or the Bay 0/ Plenty Regional Council, July 1996

143 134 Residential developments contribute to a sense of severence from heritage areas of significance. As developments consolidate they appear to tangata whenua as a percieved a 'wall of houses' around the estuary and harbour margins. This increases the risk of a sense of severance from sites of cultural significance. Whanau and hapu perceive they no longer have guaranteed access to customary and traditional harvest sites. They say that because of the proximity of the residential housing to sacred reserves, they no longer undertake certain cultural activities associated with entry and exit from the urupa or heritage site. The sense of peering and unaccepting observers impinges on their spontanaeity. The sense of an 'invasive atmosphere' has detracted from their feelings about the natural and cultural attraction of the place. With this loss of contact, the natural monitoring and feed back linkages are truncated. Even if easy and comfortable access were guaranteed, the continued and plentiful supply of mataitai is doubtful (4) The influence of speculative values and the development footprint The Planning Tribunatl 41 was critical of the Tauranga Urban Growth Strategy, released in 1991, by the Tauranga District Council. For the 11 year planning period , the Urban Growth Strategy projected the requirement for 5,600 residential lots. The Tauranga District Council then increased this figure by approximately 40% to 8400 residential lots, to ' meet unforseen economic and social factors that might have 342 ' an influence on the urban growth of Tauranga'. The projected population growth for Tauranga by 2002 was projected, in the Urban Growth Strategy, to be 75,000. That projection has been reviewed and is estimated now to be more than 86,000. The Planning Tribunal, in an appeal by Ngati Kahu against the Tauranga District Council regarding the determination of Planning Zones for the Wairoa-Bethlehem area, criticised the Tauranga District Council for its demand led approach to urban growth in Tauranga. Ngati Ranginui is also critical of the Strategy. Although the Urban Growth Strategy provides some protection for Maori land holdings by reducing residential sub-division pressure around Maori multiply owned land and includes a view to keeping 'like lands with like lands', it does not necessarily protect the Harbour and estuarine areas from further pressure and encroachment created by development sites on or near the water's edge. The increase in population growth beyond initial projections is, in some respects a function of the demand led strategy adopted by Council. It has encouraged an expectation that cannot in N gati Ranginui's view, be sustained. In particular, it has the potential to signal_possible higher speculative values in the District, particularly around the Harbours edge and wetland margins.. The Tauranga District Council has adopted policies which include esplanade reserves (held as public reserves managed by Council), (;Uld esplanade strips (which continue to be managed by the property owner), which go no further towards the:ehhancement and protection of water quality. Nor do they gaurantee continued access to traditional and customary harvest sites. 341 Appeal by Ngati Kahu against the Tauranga District Council/or the Determination o/district Pla.tJning zones in thebethlehem area Tauranga District Council 'Tauranga Urban Growth Strategy' 1991

144 135 Unless monitored effectively there is little protection of the interests of tangata whenua and tangata kait; Implementation of the coastal strips enables encroachment by yearly increments extending in some instances, to the modification of the river's edge including the construction of jetties and wharves (5) Imposing restrictions on the exercise of rangatiratanga Ngati Ranginui seek to protect the Harbour from further negative impact of the issues outline generally above. Ngati Ranginui claim, by virtue of their aboriginal (tangata whenua) rights secured for and to them by the settlement of Takitimu ancestors in Tauranga Harbour, their tino rangatiratanga over the Harbour catchments and hinterland still exists. All hapu ofngati Ranginui retain those rights in full, even though the Crown and its agents have assumed governance of Harbour and failed to protect the resource, the environs and habitats. This report accounts for Ngati Ranginui's relationship with the Tauranga Harbour and its estuaries from their perspective as Kaitiaki over the resources secured to them I tuku iho. This report also accounts for the changes which, in Ngati Ranginui's view, has had a negative impact on their life and customs, their roles and functions as kaitiaki, and on the inter-generational transmission of the skills, knowledge, expertise, lore, customs and practices ofngati Ranginui. The failure of the Crown to uphold the guarantees made under Article 2 of the Treaty of Waitangi, has eroded Ngati Ranginui's position and status as tangata whenua and the exercise of their tino rangatiratanga over their fisheries. Only a token of the full nature and extent of those rights are extant today. This 'I-- ~ severely compromised the ability of Ngati Ranginui hapu, whanau and kauinatua to fulfil their kaitiakitru..od roles and functions, particularly their ability to pass on pivotal cultural skills, knowledge and, experience to current and future generations of Ngati Ranginui. Their position is even more precarious because of the 'development footprint' embedded in the expectations and speculative values of a Pakeha, demand led, urban and commercial development strategy (6) Unsustainable use of the Harbour The traditionfll fishery is central to the life and custom of Ngati Ranginui whanau, hapu and marae. The accounts of the fishery, up until recent times indicate that the fishery not only sustained the people in physical terms, but it also provided cultural currency as harvesters shared their. catch with non harvesting families. wh~aungatanga links were rekindled and maintained, and the spiritual, cultural and physical elements of the resource were integrated. Some families were renowned for their skills as harvesters, food processing and storage, The oral accounts confi~ the healthy state of the fishery up until the 1960' S?43 The opinion is based on the fishery's ablility to sustain the cultural and physical requirements of the local hapu and marae, as well as the traditional and custromary needs of inland relatives. J.IJ Refer to Cotty Borrell, transcript, C4

145 136 There are many descriptions which reflect the amount and kind of food. which was once found in the Harbour: tramping flounder with one's feet in the shallows or on sandbars and the outgoiung tide; herding herrings into the side drains of the rivers, to scoop them out by hand; casting a forty foot net and hauling eighty to two hundred fish; in one haul; spearing dog fish; swimming in the tidal pools full of fish; dropping nets over the eelgrass for parore,as they feed on the eel grass; standing at vantage points to predict the likely path of kahawai, kingfish or mullet before setting off from shore in pursuit. The splashing of buterfish, the snapper tails in the air feeding on shellfish, the scampering of the herring before thekahawai and the kingfish. walking across the estuary to the sand banks for tuangi, pipi and scallops. These desriptions indicate the abundance of the harbour fisheries. They also describe the, quality of resources taonga secured by Tamatea Arikinui for his descendants. For Ngati Ranginui hapu and whanau, the Harbour, described above is mere remininsce. Concern about the depletion of the fishery is a consistent theme throughout the views expressed by the hapu of N gati Ranginui. The Harbour and its estuaries are no longer a full kete. The fish stocks are now limited, and this in turn limits the spiritual, cultural and social choices Ngati Ranginui whanau and hapu are able to make. With the depletion of the fishery, a central platform for the transmission of knowledge and skills amongst the whariau and hapu has been effectively extinguished. Furthermore, if the transmission of skills and knowledge cannot be revived, the exercise of kaitiakitanga over the Harbour and its es1:ufrries cannot be performed according to the traditional and customary lore laid down for tangata kaitiaki. The relationship between tangata kaitiaki and the practices associated with their craft, have become increasingly remote, and consequently the cultural values and practices of Ngati Ranginui will continue to be supplanted by Pakeha amenity, recreational and commodity values. The following excerpts from transcripts are indicative of the past quality and quantity of fishstocks in the Harbour, as well as some of the ongoing fears for the whanau and hapu ofngati Ranginui: " 80 fish [a haul] at a certain times of year, snapper from about November.., you [could] catch a lot of little ones, but from March to May you (could) catch a lot of big snapper as they [came] into the Harbour. Kanae. In those days a haul of 80 was not uncommon. In those days you could look out the and see the snapper with their tails in the air.,y91:\ can spear them, right out at the point. Observe the water, if you see their tails out of the water.,,344 '".". Quantity and diversity of harvest species is one measure of the health and carrying capacity of the resource and envions. The effort required to achieve customary levels of harvest should also be factored in to give a more accurate assessment. Most respondents talked in terms of minutes, if hauling on the right tide as 344 'T' R' 'T' C3 I en atuna I ranscnpt.

146 137 the time required to catch what was requirede. By comparision, whanau and hapu are now having to exr 'd greater effort to harvest only a fraction of what was caught historically: "I tell you I had a spot down here, you might get a couple offish at a time. This pakeha fella came up to me and asked, 'where would be a good place to set a net', so we said set your net over there, it's a place we haven't been to for quite a wqile we haven't been back for 10 years, well 1 haven't bothered to go back. They go back and set their nets and corne and say, 'Thanks very much for telling us where to set our nets', they got about a half a dozen [snapper]. Half a dozen is no good to me, I need about a half a dozen sugar bags".345 A harvest amount of half a dozen sugar bags may seem extravagant, and hardly reflective of an attitude of sustainable use and management of the resource, but in Dudley'S view, half a dozen fish would not feed an extended family. He qualifies the point and reiterates the values and attitudes associated with the harvest of mataitai: "... when I used to go down and dive for mussels they would say, 'gee, you got 10 or so bags from free diving' me and my young fella and my cousin. [I'd say] take what you want [from the bags], [so they] take 3 bags, leaving 7. I kept half a bag for myself and went all around the houses at Maungatapu, every one of them had a feed of mussels and kina In his account, Dudley refers to free diving, diving without the use of aqualling equipment. In his view, the use of such equipment is contributing significantly to the Severe depletion resources. When talking ablt coastal rnataitai sites around the base of Mauao and the outlying islands of Motuatau and Motuariki, Du~ y Walker 347 notes the impact of recreational and commercial divers "using lungs":. \ "... threats to our kaimoana (comes) from people using lungs, the commercial licence cleans out, same with kina, they have got a permit to dive for kinas. I remember one place down Rabbit Island, there used to be thousands. There was one place I left, 1 wouldn't tell anyone about it, I would just go on my own. I said to the young fella, go down there, just make sure there's nobody around. They came back with a couple of sacks. [In the] following week 1 heard that they had been back, somebody must've seen them you see, (and) th~ cleaneqit out". The decrease in the number of fish caught in a haul is compounded by the 101;ls of some species completely. Piper is a case in point. Valued because it had not stomach, could be cooked whole and was considered a clean fish. It has disappeared completely:348 " 1 am also concemet(that certain kinds of fish are no longer obtainable. What we believe happened for snapper in the first place: [ was that] the inner harbour was an easy place for commercial fishers, to corne into the Harbour and take anything that he could. To the Maori, you must absolutely not [take this approach] J.l5 Walker Transcript C ibid 3-17 Dudley Walker. transcript, C14 J.l8 referteri Ratima Transcript.C3

147 138 [It's] Very sad to see the commercial trawlers using the Harbour for their gain....i suppose it became a very well known factor that when it was rough outside in the ocean, then fresh fish could be obtained in the Harbour, I know one time,... our tupuna held a meeting and it was decided that our tupuna would go to Wellington, because for some reason or another those who had licences were not stopped... The inner harbour was quite prolific in snapper and is known today to have a plentiful supply oftrevally. The Minister of Fisheries will not stop the commercial fishing of our waters. Snapper is gone and I suppose the trevally 'will go too.',349 The traditional fishery suffers the onslaught on two fronts, the legacy of previous and current commercial fishing practices and the constant pressure of recreational fishing. The concentration of recreational fishers, private boat owners and charters in the Tauranga Harbour means the quantity and quality of fish being caught is both unknown and unmonitored. There is no simple way of assessing daily catches, but the obligations of governance must necessarily include effective and regular monitoring catches, even though recreational fishers have a distinct aversion to declaring their actual take. The potential for development of exclusive lifestyle enclaves is high within the Harbour area. The construction of marinas and exclusive water front developments are currently active within Ngati Ranginui rohe. Ideas have been mooted in the District, recognizing the window of opportunity associated with the America's Cup yachting competition, suggesting further innner harbour developments to attract international syndicates to Tauranga Harbour as a training and preparation venue to the competition. The most recent actual proposal is for a marina to be developed at Oikemoke Point in the rohe of Te Pirirakau. Issues of concern to Te Pirirakau, apart from the exlusion from an important resource area, is that the development would risk descecration of an important cultural site of significance. The site establishes senior lines in the Takitimu whakapapa of settlement in Tauranga.',350 An underlying issue of property rights associated with the Harbour bed is also raised. Ngati Ranginui question the process by which developers acc~ss the Harbour bed for marina developments. Tangata whenua question the basis of access to the sea bed as it poses a threat to the viability of the remaining, accessible shellfish beds in the inner harbour. Peter Rolleston 351 canvasses a proposal to develop a new marina at the Oikemoke Point on the western side of the Wairoa river: "if you go back a few years, probably the early 70's, [a landowner] announced that he was going to create a bird hatchery over there He got consent for that.. At that time he began as a drainage programme filling in some ofthe old channels and [wet lands]. That was all filled in so that We lost that Fishery... alot of the small. drains that rail out of those areas into the harbow: disappeared... rather than having those channels where you can set your net, you just have an expansive mudflal.. [fhe landowner] decided to sell out and the guy who brought the property has a built a marina before... it's not a marina as such, it's similar to Pauanui... its realt~' there for the people who live within that development, not for the Public, so it becomes exclusive. The 'area that he's proposing to form these canals is in the Tauai area. We were told not to go there... also the area where Tutereinga was buried which to us is just as tapu as ever". 349 Tipi Faulkner Transcript.CI. 350 Refer to the Ngati Ranginui whakapapa 351 Peter Rolleston, transcript, C2