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BRIEF WHANGANUI
RIVER CLAIM TIMELINE
159 years ago in 1849 the Right of Eel Fishing is reserved to Maori
in different streams. In 1877, Whanganui Iwi objects to Harbour Board regulations
that threaten ancient fishing grounds and subsequently destroy the economic
base of Whanganui Iwi.
128 years ago in 1880 Pa tuna, or eel weirs, are destroyed as
Government colonists clear Whanganui River for free navigation by steamers
and gold and coal prospectors.
126 years ago in 1882 gravel is extracted from the Whanganui River
for roads, degrading traditional fishing sites. In 1883 pa tuna continue to
be destroyed making way for the steamers.
124 years ago in 1884 coal is found at Tangarakau. In 1885 salmon
are released into the upper Whanganui River. Steamer and mail services are
also established.
122 years ago, from 1886-1888 over 501 Iwi members petition the
government to stop steamers destroying pa tuna and utu piharau, or lamprey
weirs. From 1888-1891 the Government continues to drain swamps, clear
rapids, and destroy pa tuna.
111 years ago, in 1895 Iwi take a claim to the Supreme Court over
customary fishing rights. In 1896 The Whanganui River Trust Board (an
agency of the Crown) is established, giving control of the river to the
colonists.
110 years ago, in 1898 Iwi seek compensation from the Crown for the
gravel taken from the awa. In 1903 the Coal Mines Act of 1891 is amended so
that beds of navigable rivers are vested in His Majesty the King.
101 years ago, in 1907 the Aotea Maori Land Court rule Iwi are
entitled to compensation for gravel removed from the Awa. In 1913, 196
Whanganui Iwi members petition the Court to halt the taking of riparian
land by the Crown under the Scenic Reserves Act.
90 years ago, in 1918 the Whanganui River Trust Board seeks legal
advice for the removal of gravel from the Awa. In 1919 the Whanganui River
Trust Board declares that Whanganui iwi must not construct new pa tuna.
88 years ago, in 1920 settlers propose a system of hydroelectric
dams on the Whanganui River. The Whanganui River Trust Board is granted
entitlement under the NZ Statutes to take gravel from the Awa.
81 years ago, in 1927 Te Piki Kotuku and others unsuccessfully
petition parliament for $300,000 compensation for the loss of native rights
on the Whanganui Awa.
77 years ago, from 1931-1937 Whanganui Iwi fund raise for the legal
battle to protect their customary rights. In 1936, Te Rama Whanarere, Te
Kiira Peina, Hekenui Whakarake, Titi Tihu and others, lodge a petition to
challenge the ownership of the Awa.
71 years ago, in 1937 Titi Tihu and Hikaia Amohia formally object to
the introduction of trout by the Acclimatisation Authority.
69 years ago, in 1939 the Native Land Court’s Judge Brown reaffirms
that in 1840 Whanganui Iwi were the "owners" of the river. In
1944 the Appellate court upholds the Brown decision.
60 years ago, in 1948 the Crown appeals against the appellate Court
decision to the Supreme Court and seeks to block the Maori Land Court
ruling on the title of the Whanganui River bed.
59 years ago, in 1949 Judge Hay rules that the Coal Mine Amendment
Act of 1903 had given ownership of the bed of the river to the Crown. As a
result, areas of the riverbed are deemed part and parcel to the sale of
adjacent land blocks.
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58 years
ago, in 1950 a Royal Commission of Inquiry is established to determine
whether Iwi customarily owned the riverbed. In 1955 the Court of Appeal,
finds that “the bed of the Whanganui River had been owned under the Maori
custom”.
49 years ago, in 1959 Hikaia Amohia formally objects to the
headwaters of the Whanganui being diverted. He is ruled out of the order.
In 1960 the headwaters of the Whanganui River are diverted into Lake
Rotoaira, then on into Lake Taupo and the Waikato catchment for
hydroelectric power generation.
46 years ago, in 1962 the Court of Appeal says that the 1903 Act
conveyed the riverbed to the Crown. This decision closes all legal avenues
for Iwi to pursue ownership of the riverbed.
In 1962 Hikaia Amohia objects again to the diversion and a lack of
consultation with Whanganui Iwi. Again, he is ruled out of order. In 1969
the Taumarunui Borough Council receive annual compensation as a result of
the diversion of the headwaters. Whanganui Iwi received nothing.
31 years ago, in 1977 Whanganui Iwi petition the Queen concerning
treaty rights to the river. In 1978 Prime Minister Holyoake advises the
proper place for the petition, is the House of Representatives. In 1981 the
Minister of Maori Affairs, Ben Couch, recommends Parliament take no action
on the petition.
22 years ago, in 1986 the New Zealand Gazette establishes Water
Control Orders over the Whanganui River. The Whanganui National Park is
established but excludes the River due to an Iwi Petition. The Minister of
Lands promises Iwi participation in the running of the Park, but fails to
deliver.
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20 years ago, in 1988 the Whanganui River Maori Trust Board is established
to negotiate all outstanding claims relating to the customary rights of
Whanganui Iwi. In 1989 Iwi begin Te Tira Hoe Waka, an annual 2 week
pilgrimage that revisits the sacred sites and Marae along the Whanganui
River.
18 years ago, in 1990 Electricorp's application for a minimum flow
regime in the river is appealed by Iwi. The Planning Tribunal lasts 83 days
and results in minimum flow provisions for the Whanganui and Whakapapa
Rivers.
17 years ago, in 1991 negotiations with the Crown address a framework
for ownership of the river. In 1993 the negotiations are suspended and the
Crown refuses to sign the proposed framework.
in 1994 a framework for the creation of three-tupuna rohe runanga is
implemented. The Resource Management Act prompts greater Iwi input into the
consent process.
In 1995 Whanganui Iwi occupy Pakaitore for 80 days, and then
commemorate the event each year.
1997 Judge Andrew Becroft recognises aboriginal and Treaty rights to
customary fisheries. In 1999 Te Runanga o te Awa Tupua O Whanganui is
officially formed. This Runanga is recognised as the authority responsible
for iwi governance.
The then Minister in Charge of Treaty Negotiations, Doug Graham assures the
split up of Electricorp NZ will not affect the rights or interests of Iwi.
In June 1999, the Waitangi Tribunal releases the Whanganui River Report and
confirms that the Maori text of the Treaty guarantees the rangatiratanga of
Iwi.
2000, Nga Tangata Tiaki are appointed as the Iwi executive to begin
rebuilding an Iwi infrastructure. Hui are held with Ngati Tuwharetoa, Ngati
Rangi and Whanganui about returning the waterways to their natural flow. A
Whanganui River Claim negotiation team is formed.
2000, the Resource Consent Committee postpones hearings for the
Whanganui River and its contributories to June 30th. Genesis Power and the
Whanganui River Maori Trust Board agree.
March 2001, the Crown, Whanganui District Council and Te
Atihaunui-a-Paparangi vest Pakaitore as a historic reserve. A joint Board
consisting of Council, Iwi and Crown representatives is formed to manage
the reserve in accordance with the Reserves Act 1977.
2001, Genesis apply to the Regional District Council for a 35 year
resource consent to continue to divert the Whanganui Headwaters for power generation.
6 March 2003, Terms of Negotiations document was signed by the Crown
and Whanganui Iwi at Matahiwi Marae
October 2003, Whanganui Iwi oppose a further 35 year resource
consent to continue to divert the Whanganui headwaters, in the Environment Court.
April – May 2004, Foreshore and Seabed March from Te Rerenga Wairua
to Parliament, which consisted of 30,000 people from Aotearoa.
March 2004, Crown introduce Shortfin and Longfin eels into the quota
Management System.
2004, Awa Tupua Negotiating Committee commit to signing off the
Agreement in Principle by the end of the year.
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