Claims & Claimants

Summary of Tūhoe Claims

Te Kotahi ā Tūhoe currently represents approximately 30 claims (as at October, 2006) and 40 claimant groups and individuals.  This denotes an overwhelming confidence on the part of claimants who have, for past year, charged Te Kotahi ā Tūhoe with the management of their claims.  Claimants themselves come from all areas of Tūhoe as well as areas outside of Tūhoe, hence the extensive representation, geographically.
 
It is important to note that each valley and claimant group tells their own story about crown breaches and the adverse impact it had on them.  Each claimant group was affected differently making each claim unique.  From the persecution of Rua Kēnana in Maungapōhatu to the military invasions of Ruatāhuna and unlawful crown purchases of agenda of the colonial government of this time.  Its agenda became more explicit in instances where efforts to undermine Te Whitu Tekau were deliberately aimed at eliminating its influence on Tūhoe as it called for a cease on all crown dealings throughout Te Rohe Pōtae during the 1870s.
 
Specific examples of social and economic decline as a result of imposed colonial policy are evident in cases such as Ruatāhuna, Te Whāiti, Rūātoki, Waimana, Waikaremōana and Waiōhau.  The fraudulent land purchases at Waiōhau and the forced relocation of Ngāti Haka-Patuheuheu from their original homeland was but one of many incursions on Te Mana Motuhake ō Tūhoe. During Tūhoe’s Waitangi Tribunal hearings the nature of each claim was finally made known to the nation and the world.

Range of Claims

The range of claims convey the following key issues and themes which include: Te Mana Motuhake ō Tūhoe, housing, tikanga, education, social structures, waterways, leadership, roading,identity and many others which can be found in the Summary of Claims and Issues document.

View Calendar of Te Urewera Hearings here.


Claims & Claimant Groups

Claims under Te Kōtahi-ā-Tūhoe are drawn from seven Tūhoe valleys; Ruatāhuna, Rūātoki, Te Whāiti-nui-ā-Toi, Waiōhau, Waimana, Waikaremōana and Maungapōhatu. In addition to these are the urban Tūhoe claim and Te Mana Motuhake ō Tūhoe as shown below.

claimant groups

 

 

 

 

 

 

 

 

 

 

Summary of Tūhoe Claims & Issues

  • Introduction
  • What is Raupatu?
  • What are the Tūhoe claims?
  • What happens after the claims are heard?
  • Where are the claims at now? 
     

Introduction

From the outset, the Tūhoe claims lodged with the Waitangi Tribunal were mandated for submission by Tūhoe for Tūhoe as an Iwi. There are approximately 30 claims while the claimants themselves make up a total representative group of hapū and marae. While the information forums to update Tūhoe across the country and around the world are an ongoing priority, this has generated a collection of frequently asked questions related to each stage in the Raupatu process for Tūhoe whānui. The questions and comments are not only expected but they are a welcome and essential aspect of the information being exchanged between and within Tūhoe communities. Some of these questions feature as main headings in this summary paper which include their responses.

The key objectives of this paper are to;
  1. provide a clear description of the claims process Tūhoe developed and followed throughout the hearings. 
  2. briefly summarise the Raupatu journey as it leads into settlement.

It is acknowledged that there is a wide and diverse range of understandings held about the Raupatu process and this has been an unsurprising result of different levels of information uptake from Tuhoe across the country including those from within Te Rohe Pōtae. The hope is that coordinated information forums as well as Te Kotahi-ā-Tūhoe’s contact office will help in distributing more regular information which allows Tūhoe descendants to make informed choices and decisions about issues related to mandate and settlement. 


What is Raupatu and how has Tūhoe dealt with it’s raupatu claims to date?

Raupatu is literally translated as many incursions or violations against someone or something. In this particular case it involves breaches and omissions against Tūhoe caused by the actions of the Crown over the past two centuries. Settling Treaty of Waitangi claims with Iwi across the country has become the hallmark of New Zealand’s recent political scene in terms of Māori and Government relations – each settlement has been unique to each Iwi and entailed a distinctly different set of historical events and political circumstances. Tūhoe is faced with a similar situation however Tūhoe believes that its intended approach to its own raupatu settlement consists of ideas and innovations unexplored by other Iwi or the current Government thus far. Diagram A below gives a brief description of the dual process any iwi can avail itself of in terms of redress for its claims. Tūhoe as an Iwi carried out the first process in order to move successfully from one stage in the raupatu process to the next.  

Diagram A: Process for Hearing Raupatu Claims

For many reasons Tūhoe chose to usher its claims through a series of Waitangi Tribunal hearings. This gave them a forum to air their grievances and demand responses from the Crown while the Iwi as a whole sat in witness to this debate. The exposure of these claims and the supporting evidence became a vehicle for valuable learning for everyone including the Crown.  


What are the Tūhoe claims and how does the claims process work?

The Tūhoe claims are many and varied in nature. They cover a vast number of issues and themes which emerged from and were driven by the valley communities of Ngāi Tūhoe and the urban settings where many Tūhoe reside today.


The Claims

All claims first lodged by Ngā Rauru ō Ngā Pōtiki were submitted by seven valleys, another was the urban Tūhoe claim and finally the constitutional claim, often referred to as the mantle claim or Te Mana Motuhake ō Tūhoe. This culminates in a grand total of nine broad categories wherein all claims can be found. To start with the mantle claim is a good way to begin explaining how each claim is linked and where major issues and themes interconnect. As shown in Diagram B below Te Mana Motuhake ō Tūhoe is the keystone to all claims.

Te Mana Motuhake ō Tūhoe is the first claim of its kind lodged against the Crown in the history of New Zealand. This claim forms the basis of an historical grievance conveyed by Tūhoe to successive Governments of New Zealand for the last two hundred years. This claim calls for constitutional changes which re-align Tūhoe’s relationship with today’s Government to reflect its independent state as a Tūhoe democratic nation and a non-signatory to the Treaty of Waitangi. Diagram B shows only some of the major themes and issues related to each claim – this is only a snapshot of those themes.


What happens after the claims are heard by the Waitangi Tribunal?

Firstly, claims were closed off in final court hearings where legal representatives from both the Iwi and the Crown presented closing submissions. This is basically a summing up of all claims and the evidence presented to Tribunal overall as well as the presentation of redress items or the type of relief sought as compensation for the breaches and omissions by the Crown.

Once completed the Waitangi Tribunal will announce the date they expect their Findings Report and Recommendations to the Minister of Treaty Settlements to be released. This will also be presented to Tūhoe as an Iwi. Tūhoe’s Waitangi Tribunal Report is due to be released in June 2008. While the report is being written Tūhoe as an Iwi works to fulfill mandate and settlement responsibilities from this point on until final settlement is achieved.  

Where are the claims at now?

The claims and hearings phase is completed and all claims are now organized under the collective name of Ngāi Tūhoe. This means, that although individual claims were initially lodged by specific claimants, it is likely that movement into the mandate and settlement phases will require a more collectivized approach to the claims being settled. Alongside this process will be the formulation of a settlement strategy which involves redress items specific to gaining appropriate relief to achieve a robust Tūhoe settlement.This is a crucial time for every Tūhoe descendant to be actively involved in and fully informed about each step in the claims settlement process.