Rapua ngā tuhinga ruku tātari

The circumstances of this case … cry aloud for redress for the Natives. The … reserves are theirs and should be returned to them, no matter what cost to the Crown this may involve.

Judge Acheson, 1942

In November 1996, a claim concerning the Maunganui block, the Waipoua Forest, Lake Taharoa and surroundings, and the Waimamaku Valley was filed with the Waitangi Tribunal by various members of Te Roroa. This claim was registered as Wai 38.

The Tribunal constituted to hear the claim comprised Judge Andrew Spencer (presiding), Mary Boyd, Ngapere Hopa, John Kneebone, and Turirangi Te Kani. Sadly, Mr Te Kani died before the completion of the proceedings, and Sir Monita Delamere was subsequently appointed to the Tribunal. Nine hearings were held between June 1989 and May 1991, and the report was presented to the Minister of Māori Affairs and the claimants on 3 April 1992 at Te Waikaraka Marae in Kaihu.

The Tribunal found that the Crown had acted unfairly when it purchased land from Te Roroa and that it had failed to make proper provision for reserves for local Māori. The Tribunal also found that the Crown had allowed Te Roroa’s taonga to be violated and that it had denied Te Roroa the benefits of development enjoyed by other New Zealanders. The Tribunal recommended that all the land that should have been set aside from the Crown purchases of the Maunganui, Waipoua, Waimamaku, and Wairau lands be returned to Te Roroa.

In 1987, a claim was received from the Oamaru Maori Committee and the Ngai Tahu Maori Trust Board in respect of the granting of a water right to the Waitaki County Council for the disposal of effluent from a proposed sewage scheme at Kakanui. The claimants alleged that the granting of the water right was contrary to the principles of the Treaty of Waitangi.

The Waitaki County Council made it clear that they respected the claimants’ views and did not want to proceed with a scheme offensive to Maori in the district. The claimants for their part realised the acute need for a modern sewage treatment plant in the area, so the council and Maori set out to devise a modified scheme together.

The claimants sought leave to withdraw the claim, and, in its report of 20 February 1990, signed by Deputy Chief Judge Ashley McHugh, the Tribunal noted that it would not be inquiring further into the matter, although the claimants would be able to file a fresh claim if the need arose. The Tribunal noted with approval the constructive and cooperative approach adopted by all the parties which made it possible to advance the proposals without the expense and effort of public hearings.