Rapua ngā tuhinga ruku tātari

Rarely has a Māori river claim been so persistently maintained as that of the Whanganui people. Uniquely in the annals of Māori settlement, the country’s longest navigable river is home to just one iwi, the Atihau-a-Paparangi. It has been described as the aortic artery, the central bloodline of that one heart.

The Atihau-a-Paparangi claim to the authority of the river has continued unabated from when it was first put into question. The tribal concern is evidenced by numerous petitions to Parliament from 1887. In addition, legal proceedings were commenced as early as 1938, in the Māori Land Court, on an application for the investigation of the title to the riverbed. From there the action passed to the Māori Appellate Court in 1944, the Māori Land Court again in 1945, the Supreme Court in 1949, to a further petition and the appointment of a Royal Commission in 1950, to a reference to the Court of Appeal in 1953, to a reference to the Māori Appellate Court in 1958 and to a decision of the Court of Appeal in 1962. This may represent one of the longest set of legal proceedings in Māori claims history, yet in all those proceedings, it is claimed, the principles of the Treaty of Waitangi had no direct bearing. Nor did the matter rest there for the court hearings were followed by further petitions and investigations, and in more recent times, Atihau-a-Paparangi were again involved in the Catchment Board inquiry on minimum river flows in 1988 and in the Planning Tribunal and High Court hearings on the same matter in 1989, 1990 and 1992.

In November 1992, the Tribunal hearing the Ngawha geothermal resource claims acceded to an application by certain Te Arawa claimants to accord urgency to their claims, which concerned their interest in a geothermal resource in the Rotorua district. The application was granted because of a concern that any findings and recommendations of the Tribunal on the Ngawha claim could impact directly or indirectly on this and other geothermal resource claims. In addition, in early July 1993 the Bay of Plenty Regional Council was due to publicly notify its proposed regional plan for the Rotorua geothermal field, and it was considered desirable that the Tribunal issue its report before that occurred. The hearings were thus held between February and April of 1993.

Given all the information we have had yesterday and this morning I believe we have argued we own the resource, we owned it from the dawn of time … and nowhere along the line of ancestral descent were our rights alienated or given away; nowhere, anywhere did anyone come and take it … anyone who can claim ownership should do what we have done … and we would like to see their whakapapa, their genealogy … the way they have lived on the land; and if they conquered, when and how, and sing waiatas that are appropriate to those incidents …
—Joseph Malcolm

The Tribunal found that the Arawa people assert an undisputed mana whenua over all the lands represented in the claims:

In the claims before us, the respective claimants have rangatiratanga over hot pools and springs which, in each case, are a highly valued taonga over which they exercise kaitiakitanga, and which they wish to preserve.

Because of time constraints, the Tribunal of Professor Gordon Orr (presiding), Sir Hugh Kawharu, Joanne Morris, and William Taylor issued this preliminary report in June 1993. It was confined to the claimants' interest in surface manifestations of the geothermal resource and the impact of the Resource Management Act 1991 on their Treaty rights to their geothermal taonga. The Tribunal reiterated a recommendation it had made in the Ngawha Geothermal Resource Report that the Resource Management Act be amended to take account of the Treaty of Waitangi. The Tribunal further recommended that a moratorium be imposed on the granting of resource consents, the notification or making of regional plans, and the imposition of royalties or rentals in relation to geothermal fields or resources which were the subject of Treaty claims, until such time as those claims were determined. The Tribunal also recommended that the Crown and claimants discuss the matter of royalties and resource rentals generally, and it left the way open for the parties to return to the Tribunal for urgent consideration should they fail to reach agreement on those matters.