Appendix: Select Record of Inquiry

Contents

Select record of proceedings

1. Statements

1.1 Statements of claim
Wai 156

1.1
(c) Marie Tautari on behalf of Te Whakapiko hapū of Ngāti Manaia, statement of claim, 7 December 2015

Wai 745, Wai 1308

1.1
(g) Paki Pirihi on behalf of the Patuharakeke Te Iwi Trust Board and Ngawaka Pirihi on behalf of the owners of the Pukekauri and Takahīwai blocks, statement of claim, 4 December 2015

Wai 2181

1.1.1
(d) William Kapea and Michael Beazley on behalf of Te Uri o Makinui, amended statement of claim, 23 December 2015

Wai 2337

1.1.2 Mira Norris and Marina Fletcher on behalf of Te Parawhau on behalf of the descendants of Tiakiriri, Te Parawhau and Ngā Hapū o Whangārei, statement of claim, 7 December 2015

Wai 2544

1.1.1 George Davies and Hūhana Lyndon on behalf of the whānau of Ngātiwai ki Whangaruru, statement of claim, 20 November 2015

Wai 2545

1.1.1 Deirdre Nehua on behalf of herself and her whānau who are of Ngāti Hau and Ngātiwai, statement of claim, 7 December 2015

Wai 2546

1.1.1 Mylie George, Carmen Hetaraka, Mike Leuluai, and Ngaio McGee on behalf of Te Uri o Hikihiki, statement of claim, 7 December 2015

Wai 2548

1.1.1 Te Riwhi Reti, Hau Hereora, and Romana Tarau for Te Kapotai, statement of claim, 11 December 2015

Wai 2549

1.1.1 Pereri Māhanga, Mitai Paraone-Kawiti, Violet Sade, Ngaire Brown, and Winiwini Kingi on behalf of Te Waiariki, Ngāti Kororā, and Ngāti Takapari, statement of claim, 10 December 2015

Wai 2550

1.1.1 Ruiha Collier and Haki Māhanga on behalf of Te Waiariki and Ngāti Kororā, statement of claim, 3 December 2015

Wai 2557

1.1.1 Elvis Reti, statement of claim, 3 March 2016

2. Tribunal memoranda, directions, and decisions

2.5.2 Judge Patrick Savage, memorandum of deputy chairperson advising further decision on formulation of central theme for Ngātiwai mandate inquiry, 26 May 2016

2.5.4 Judge Patrick Savage, memorandum of deputy chairperson concerning new applications for urgency and granting leave for addition of interested parties, 14 December 2015

2.5.7 Judge Patrick Savage, memorandum of deputy chairperson granting leave for addition of interested party, 29 March 2016

2.5.8 Judge Patrick Savage, memorandum of deputy chairperson concerning decision on applications for urgent hearings, 2 May 2016

2.5.9 Chief Judge Wilson Isaac, memorandum of chairperson appointing presiding officer and Tribunal panel, 15 June 2016

2.5.10 Judge Sarah Reeves, memorandum of presiding officer concerning preparatory steps for hearing, 16 June 2016

3. Submissions and memoranda of parties

3.1 Pre-hearing stage, including judicial conferences

3.1.2 David Stone and Chelsea Terei for Wai 1544, Wai 1677, Wai 1961, and Wai 1973, memorandum filing application for urgency, 20 November 2015

3.1.5 Bryan Gilling, J Sarich, and S Gunatunga for Wai 1148, memorandum seeking inclusion of Ngāti Hau, Ngāti Wai, and Te Uri o Hikihiki as interested party, 7 December 2015

3.1.6 Tavake Afeaki, Rebekah Jordan, and Neuton Lambert for Wai 619, memorandum seeking inclusion of Ngāti Kahu o Torongare me Te Parawhau as interested party, 7 December 2015

3.1.7 Darrell Naden for Wai 2063, memorandum seeking inclusion of Ngāti Taimanawaiti as interested party, 8 December 2015

3.1.8 Leo Watson for Wai 245, memorandum seeking inclusion of Hori Parata and children of Hinetapu Maihi Māhanga as interested party, 8 December 2015

3.1.28 Andrew Irwin and Clare Tattersall, memorandum responding to urgency applications, 27 January 2016

3.1.33 Bryce Lyall for Wai 2368, memorandum seeking inclusion of Ngāti Kahu as interested party, 29 January 2016

3.1.89 Season-Mary Downs and Heather Jamieson for Wai 2548, memorandum concerning inclusion of Te Kapotai in Ngātiwai Trust Board Deed of Mandate, 24 June 2016

3.1.91 Gregory McDonald, memorandum seeking inclusion as interested party, 3 June 2016

3.1.94 Season-Mary Downs and Heather Jamieson for Wai 1464, Wai 1546, and Wai 2548, memorandum concerning removal of Te Kapotai from Ngātiwai Trust Board Deed of Mandate, 30 June 2016

3.1.106
(a) Ngātiwai Trust Board Trust Deed, 26 July 2016

3.1.206 Justine Inns for Ngātiwai Trust Board, memorandum concerning Ngātiwai Trust Board Trust Deed, 29 September 2016

3.3 Opening, closing, and in reply

3.3.4 Winston McCarthy and Neuton Lambert, opening submissions for Wai 2546, 30 September 2016

3.3.12 Moana Tuwhare, opening submissions for Wai 2337, 2 October 2016

3.3.13 Moana Tuwhare, opening submissions for Wai 156, 2 October 2016

3.3.14 Chelsea Terei, closing submissions for Wai 2544, 23 December 2016

3.3.15 Moana Sinclair and Chris Beaumont, closing submissions for Wai 2545, 23 December 2016

3.3.16 Linda Thornton and Bryce Lyall, confidential closing submissions for Wai 2181, 23 December 2016

3.3.17 Linda Thornton and Bryce Lyall, closing submissions for Wai 2181, 23 December 2016

3.3.18 John Kahukiwa and Julia Harper-Hinton, closing submissions for Wai 2549, 23 December 2016

3.3.19 Justine Inns, closing submissions for Ngātiwai Trust Board, 23 December 2016

3.3.20 Season-Mary Downs and Heather Jamieson, closing submissions for Wai 1464, Wai 1546, and Wai 2548, 23 December 2016

3.3.21 Kelly Dixon and Alisha Castle, closing submissions for Wai 745 and Wai 1308, 23 December 2016

3.3.23 Andrew Irwin and Clare Tattersall, closing submissions for the Crown, 23 December 2016

3.3.24 Janet Mason, closing submissions for Wai 2550, 19 January 2017

3.3.25 Janet Mason, closing submissions for Wai 2557, 16 January 2017

4. Transcripts

4.1.1 First hearing week, Toll Stadium, Whāngārei, 4–6 October 2016

4.1.3 Second hearing week, Waitangi Tribunal, Wellington, 1–2 December 2016

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Select Record of Documents

A Inquiry Documents

A1
(a) Hūhana Lyndon, comp, supporting documents to document A1, various dates
Exhibit A: Kathy Pita to Hūhana Lyndon, 12 December 2013

A2 Emily Owen, first brief of evidence, 7 December 2015
(a) Emily Owen, comp, supporting documents to document A2, various dates
Exhibit A: Ministers for Treaty of Waitangi Negotiations and Māori Development to Haydn Edmonds, 21 October 2015
Exhibit B: Ngātiwai Trust Board Deed of Mandate and attachments, 8 July 2014 (amended 7 August 2015)
Exhibit G: Office of Treaty Settlements to Robert Carpenter, 6 November 2014
Exhibit L: Office of Treaty Settlements to Hūhana Lyndon, 7 August 2015

A3 Tania McPherson, brief of evidence, 7 December 2015

A4 Kristan MacDonald, first brief of evidence, no date
Exhibit A: Ngātiwai Trust Board, chairman’s address to special general meeting, 28 February 2015

A5
(a) Te Raa Nehua, brief of evidence, 21 December 2015

A8 Jared Pitman, brief of evidence, 2 December 2015

A9
(a) Guy Gudex, comp, supporting documents to document A9, various dates
Exhibit E: Wayne Peters and Jo Welson, ‘Review of Trust Deed: Analysis of Submissions, A Report for the Ngatiwai Trust Board’, September 2014
Exhibit I: Ngātiwai Trust Board to Minister for Treaty of Waitangi Negotiations, 18 August 2009

A10
(a) Ani Pitman, comp, supporting documents to document A10, various dates
Exhibit D: Patuharakeke Te Iwi Trust Board to Office of Treaty Settlements, 11 November 2015

A11 Marina Fletcher, brief of evidence, 7 December 2015

A12 Mira Norris, brief of evidence, 7 December 2015

A14 Marie Tautari, brief of evidence, 7 December 2015

A17 Sonny George, brief of evidence, 9 December 2015

A19
(a) Willow-Jean Prime, comp, supporting documents to document A19, various dates
Exhibit L: Draft Ngātiwai Trust Board Mandate Strategy, version 3, 13 April 2013
Exhibit M: Ngātiwai Trust Board Mandate Strategy, version 6, 19 July 2013
Exhibit N: Ngātiwai Trust Board Mandate Strategy, supplementary, 8 August 2013
Exhibit O: Ngātiwai Trust Board Deed of Mandate, 8 July 2014

A20
(b) Pereri Māhanga, brief of evidence, 17 December 2015

A21 Ngaire Henare, brief of evidence, December 2015
(a) Ngaire Henare, comp, supporting documents to document A21 various dates
Exhibit A: whakapapa chart

A23
(a) Emily Owen, comp, supporting documents to document A23, various dates
Exhibit A: Office of Treaty Settlements to Ruiha Collier, 9 August 2013
Exhibit H: Ngātiwai Trust Board, draft hapū response report, July 2015

A24 Kristan MacDonald, second brief of evidence, no date
(a) Kristan MacDonald, comp, supporting documents to document A24, various dates
Exhibit A: unidentified newspaper clipping, circa May 1887
Exhibit E: documents concerning Whangaroa Ngaiotonga 4A3A and establishment of Whangaruru-Ngātiwai Trust Board, various dates

A27 Kristan MacDonald, third brief of evidence, no date
(a) Kristan MacDonald, comp, supporting documents to document A27, various dates
Exhibit C: Taipari Munro, brief of evidence, 7 October 2013
Exhibit G: Ngātiwai Trust Board to Season-Mary Downs, 12 January 2016

A28 Tania McPherson, third brief of evidence, no date
(a) Tania McPherson, comp, supporting documents to document A28, various dates
Exhibit 1: Ngātiwai Trust Board, chronology of activities during mandating and hui process
Exhibit 4: notes of hui with Patuharakeke Te Iwi Trust Board representatives, 23 July 2013
Exhibit 11: Patuharakeke Te Iwi Trust Board, submission, 29 July 2013

A32 Pepuere Pene, brief of evidence, no date

A34 Hūhana Lyndon, brief of evidence, 17 February 2016

A38 Guy Gudex, brief of evidence, 23 February 2016
(a) Guy Gudex, comp, supporting documents to document A38, various dates
Exhibit E: Office of Treaty Settlements, notes on meeting with Ngātiwai Trust Board, 3 February 2014
Exhibit F: Office of Treaty Settlements, report on Ngātiwai Trust Board mandating process, 18 November 2014

A39
(a) Ani Pitman, comp, supporting documents to document A39, various dates
Exhibit C: Office of Treaty Settlements, ‘Talking Points: Telecon with Ngātiwai Trust Board Treaty Claims Committee’, no date
Exhibit D: Office of Treaty Settlements, briefing notes on Patuharakeke, 27 March 2015
Exhibit G: Ngātiwai Trust Board, notes of phone conference with Office of Treaty Settlements, 19 September 2013
Exhibit H: Office of Treaty Settlements to Haydn Edmonds, 6 December 2013
Exhibit K: Office of Treaty Settlements memorandum, 26 February 2015

A40 Ngawaka Pirihi, brief of evidence, 12 February 2016

A41 Bronwyn Mackie, brief of evidence, 12 February 2016

A43 Rowan Tautari, brief of evidence, February 2016
(b) Rowan Tautari, comp, supporting documents to document A43, various dates
Exhibit J: Ngātiwai Trust Board, appendices to mandate strategy, 19 July 2013
Exhibit O: Ngātiwai Trust Board, draft strategy, version 1, pp 7–8, 27 February 2013

A45 Carmen Hetaraka, brief of evidence, 22 February 2016
(a) Carmen Hetaraka, brief of evidence, 28 January 2015

A46 Mylie George, brief of evidence, 19 February 2016

A59 Pereri Māhanga, brief of evidence, 16 June 2016

A62 Ngātiwai Trust Board, Deed of Mandate, 8 July 2014, amended 27 May 2016

A67
(a) Willow-Jean Prime, comp, supporting documents to document A67, various dates
p 1: Justine Inns to Season-Mary Downs and Heather Jamieson, 8 June 2016

A68 Michael Beazley, brief of evidence, 17 August 2016
(a) Michael Beazley, comp, supporting documents to document A68, various dates
Exhibit M: Minister for Treaty of Waitangi Negotiations to Ngātiwai Trust Board, no date

A69 Hūhana Lyndon, brief of evidence, 17 August 2016
(a) Hūhana Lyndon, comp, supporting documents to document A69, various dates
p 1: Office of Treaty Settlements, memorandum to Minister for Treaty of Waitangi Negotiations, ‘Meeting with Submitters on Ngātiwai Mandate’, 8 October 2014
pp 11–12: Office of Treaty Settlements, ‘Talking Points: Telecon with Ngātiwai Trust Board Treaty Claims Committee’, no date

A70 Vicki-Lee Going, brief of evidence, 17 August 2016

A73
(a) Mylie George, comp, supporting documents to document A73, various dates
Exhibit 1: Office of Treaty Settlements memorandum, 26 February 2015
Exhibit 2: Office of Treaty Settlements and Te Puni Kōkiri memorandum on Ngātiwai recognition of mandate, 7 August 2015
Exhibit 4: Office of Treaty Settlements and Te Puni Kōkiri memorandum on Ngātiwai recognition of mandate, 10 September 2015
Exhibit 6: Office of Treaty Settlements and Te Puni Kōkiri memorandum on Ngātiwai recognition of mandate, 15 October 2015
Exhibit 7: Office of Treaty Settlements, ‘Meeting with the Ngātiwai Trust Board’, 3 February 2014
Exhibit 8
p 97: Office of Treaty Settlements memorandum, no date
p 143: Te Puni Kōkiri to Office of Treaty Settlements, email, 6 August 2015
p 198: Office of Treaty Settlements memorandum, 22 September 2014
p 210: Office of Treaty Settlements file note, 14 October 2014

A74 Pereri Māhanga, brief of evidence, 18 August 2016

A75 Keatley Hopkins, brief of evidence, 18 August 2016

A76 Guy Gudex, brief of evidence, 22 August 2016
(a) Guy Gudex, comp, supporting documents to document A76, various dates
Exhibit B: Office of Treaty Settlements to Patuharakeke Te Iwi Trust Board, 15 July 2016

A77 Jared Pitman, brief of evidence, 22 August 2016

A79 Ngātiwai Trust Board, draft hapū response report on mandate process to Office of Treaty Settlements, July 2015

A80 Marie Tautari, brief of evidence, 29 August 2016

A82 Rowan Tautari, brief of evidence, 29 August 2016
(b) Rowan Tautari, amended brief of evidence, 30 August 2016

A83 Ruiha Collier, brief of evidence, 29 August 2016

A91 Emily Owen, brief of evidence on behalf of the Crown, 9 September 2016
(a) Emily Owen, comp, supporting documents to document A91, various dates
Exhibit F: Office of Treaty Settlements and Te Puni Kōkiri, briefing to Ministers, 7 August 2015
Exhibit G: Office of Treaty Settlements and Te Puni Kōkiri, briefing to Ministers, 10 September 2015
Exhibit H: Office of Treaty Settlements and Te Puni Kōkiri, briefing to Ministers, 2 October 2015
Exhibit I: Office of Treaty Settlements and Te Puni Kōkiri, briefing to Ministers, 15 October 2015

A92 Paratene Wellington, brief of evidence, 9 September 2016

A93 Sharyn Māhanga, brief of evidence, 9 September 2016

A94 Haydn Edmonds, brief of evidence, 12 September 2016

A97 Rorina Rata, brief of evidence, 9 August 2016

A98 Kristan MacDonald, fourth brief of evidence, 12 September 2016
(a) Kristan MacDonald, comp, supporting documents to document A98, various dates
Annexure 1: Te Witi McMath, ‘Investigation of Title to the Offshore Islands, Islets and Rocks off the Coastline of Aotea (Great Barrier Island)’, 14 September 1995
(c) Appendix A: Response to questions for Ngātiwai Trust Board witness Kris MacDonald from Judge S F Reeves, 15 December 2016

A99
(a) Tania McPherson, comp, supporting documents to document A99, various dates
Exhibit 1: Ngātiwai Trust Board, minutes of a Treaty settlement information-sharing hui at Te Puna o Te Mātauranga Marae, Whāngārei, 6 April 2013, and at Waipuna Hotel, Auckland, 13 April 2013
Exhibit 3: Ngātiwai Trust Board, minutes of Ngātiwai Trust Board mandate hui, Ngaiotonga Marae, 24 August 2013Ngātiwai Trust Board, minutes of Ngātiwai Trust Board mandate hui, Te Puna o Te Mātauranga Marae, Whāngārei, 7 September 2013

A106
(a) Guy Gudex, comp, supporting documents to document A106 various dates
Exhibit C: Office of Treaty Settlements, ‘Health Check’, 17 June 2014
Exhibit F: Office of Treaty Settlements memorandum, ‘Briefing notes on Patuharakeke’, no date

A127 Draft notes of hui with submitters at Te Puna o Te Mātauranga Marae, Whāngārei, on 18 October 2014

A128 Crown supporting documents, various dates
pp 18–20: Te Puni Kōkiri to Minister for Māori Development, concerning Ngātiwai Trust Board mandating process, 25 September 2015
pp 21–22: Emails between Office of Treaty Settlements and private secretary for the Minister for Treaty of Waitangi Negotiations, 1–2 October 2015

A130 Ani Pitman, brief of evidence, 16 November 2016

A132 Kristan MacDonald, comp, supporting documents, various dates
pp 25–79: Te Witi McMath, ‘Investigation of Title to the Offshore Islands, Islets and Rocks off the Coastline of Aotea (Great Barrier Island)’, 14 September 1995
pp 186–196: ‘Archaeology and History of Human Occupation’, in Auckland Regional Council, Shakespear Regional Park Management Plan (Auckland: Auckland Regional Council, 1991)

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