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Northern South Island Introduction

Kaiteretere BeachWai 785

After four years of hearings the Northern South Island or Te Tau Ihu inquiry concluded with a two-week hearing of closing submissions in the last week of February and first week of March 2004. The Tribunal - comprising Deputy Chief Judge Wilson Isaac (presiding), Professor Keith Sorrenson, John Clarke (who replaced Roger Maaka on the panel in 2003), Rangitihi Tahuparae and Pam Ringwood - is now writing its report.

There were eight iwi groups involved in the inquiry: Ngati Kuia, Ngati Apa, Rangitane, Ngati Koata, Ngati Rarua, Te Atiawa, Ngati Tama and Ngati Toa. In addition, there were also several specific or whanau claims as well as a claim by the Wakatu Incorporation concerning the operation of the Nelson Tenths. Furthermore, Ngai Tahu had the status of an interested party in the inquiry and participated in two hearings and a number of judicial conferences.

The hearings commenced in August 2000. Initially, iwi groups were heard in 2000 and early 2001 before litigation concerning both the effect of Ngai Tahu’s settlement with the Crown in 1997 (as enacted in the Ngai Tahu Claims Settlement Act 1998) and Ngai Tahu’s role in the Tribunal’s proceedings interrupted the inquiry. At issue was essentially whether the Tribunal had jurisdiction to hear claims within the statutorily defined Ngai Tahu takiwa. Once this matter had been resolved in favour of the Te Tau Ihu claimants, the Tribunal switched to a series of hearings on generic issues between June and September 2002. These issues included the adequacy of the Crown’s inquiry into customary rights, the New Zealand Company transactions, Crown purchases between 1847 and 1860, tenths and reserves administration, and the Native Land Court.

At the conclusion of this phase of the inquiry the Tribunal listed the matters which remained contested between the Crown and the claimants and which should comprise the focus of the remaining iwi hearings. These hearings resumed in December 2002 and were completed in July 2003. There then followed hearings of the Wakatu Incorporation claim, various whanau claims, the Te Tau Ihu claims within the Ngai Tahu statutory takiwa (including evidence brought by Ngai Tahu), and, in November 2003, the Crown’s case. A heavy hearing load in throughout 2003 saw a hearing held roughly every month. At the inquiry’s completion the Tribunal has completed 89 hearing days, the third highest number of hearing days for an inquiry in the Tribunal’s history. In addition, approximately 50 judicial conferences were also held.

The Northern South Island Tribunal are focussing on writing its report, which will cover the following issues:

  • competing customary rights in Te Tau Ihu;
  • the disputed boundary with Ngai Tahu;
  • early New Zealand Company and Crown purchases;
  • the establishment of the Nelson settlement and Nelson and Motueka Tenths;
  • the provision of reserves and issues of landlessness;
  • twentieth century socio-economic impacts; and
  • specific and whanau claims.