NEW ZEALAND GAZETTE, No. 99 — 27 SEPTEMBER 2017

and Aupouri widespread. This issue needs delicate handling. The application is seen as “Exclusive Rights” to Aupouri for food gathering.

Co-management gives the right to establish bylaws, and Aupouri remain as kaitiaki with the support from its neighbouring iwi. Inter-iwi relationships must be maintained.20

[104] Mr Murray, in explaining his concern that the taiapure would have ramifications for mana-whenua issues and the Treaty settlement process, also readily acknowledged Te Aupōuri’s role as kaitiaki:

Court: How does the recognition of a kaitiaki role prejudice the Treaty settlement process for Ngāti Kuri?

T Murray: Because it will lead into that other part which is still to come. If that is approved here now that is a wedge into the bigger picture of settlement and claims.

Court: Alright.

T Murray: So, then that gives them – now, they have been caretakers, we understand that. They have lived there for many years, we understand that.

Court: 250 years I have been told.

T Murray: Absolutely. But the thing about it is the land hasn’t gone.21

[105] Mangu Awarau acknowledged that Te Aupōuri performed a role at Waka Te Haua similar to that of his Ngāi Takoto tūpuna (ancestors) in relation to pioke at Rangaunu (as quoted earlier at paragraph 76). Importantly – and this is a point I will return to shortly – he emphasised that in the past the tūpuna would hui and discuss such matters. Whiti Awarau also readily acknowledged that the people of Te Kao have inherited the role of kaitiaki and that they are the haukāinga (also quoted earlier at paragraph 78). He had no difficulty with the Maunganui Bluff Reserve trustees and their management role in relation to Waka Te Haua – his real concern was with the shift in responsibility to a corporate body such as Te Aupōuri’s Rūnanga Nui.

[106] What then is the evidence of Ngāti Kuri or Ngāi Takoto carrying out a role as kaitiaki? Te Aupōuri claimed in the original taiapure proposal that it was the “exclusive” kaitiaki. This was apparently a major point of contention for Ngāti Kuri and Ngāi Takoto, and their concern eventually led to the removal of that statement from the taiapure proposal. However, the role of kaitiaki remained a major issue for the inquiry hearing. Te Aupōuri filed and served its evidence on 5 August 2011 and in that evidence it referred in considerable detail to its role as kaitiaki. Ngāti Kuri and Ngāi Takoto had until 19 August 2011 to file their evidence. I expected that, if Ngāti Kuri and Ngāi Takoto seriously claimed to be kaitiaki of Waka Te Haua, they would file detailed evidence. The evidence they filed was silent on the issue. It was only in answer to questions that their witnesses made passing mention of a role as kaitiaki.

[107] Mr Petera of Ngāti Kuri offered the following:

Court: But look, the evidence that is here is there is acknowledgement by members of Ngāti Kuri to say, “Well yes, Te Aupōuri have been the caretakers”.

W Petera: Sir, Moko Rewi in evidence yesterday was called by Te Paatu before they went into the rohe of Ngāti Kuri to meet them to take them to the Bluff. Moko Rewi is my tupuna. Moko Rewi, like I said, is the father of my father’s older brother. His name Ratima continued that role as kaitiaki. What am I supposed to do? My father continues that role of kaitiaki.

Court: Are you saying in relation to Wakatehaua?

W Petera: Wakatehaua. Sir, I did not in my evidence state that aged 7 I was there fishing with my father, that every month every bi-month as often as I can I don’t fish Wakatehaua I go and sit on Wakatehaua. I sit there. True. I travel past it both ways every time I will stop on my journey at Maunganui. Kaitiaki, wairua. Kaitiaki, tangata. Na wai? Ma wai? Mo ngā tupuna i tuku iho wena taonga ki a mātou.

Court: Well, you see the difficulty is this. We are getting right to the end of a four-day inquiry...

W Petera: Ae.

Court: ...and we have heard plenty of evidence about the actual carrying out of the function of kaitiakitanga and we are not quite sure how significant this is going to be in terms of the decision we have to make. But, here at the last of the process you are now saying that, in fact, you and your family perform that role of kaitiaki.

W Petera: As well. We participate in that. We can’t get away from it. It is our responsibility. Sir, one aspect that there is a difference here, we don’t own Maunganui but we do tiaki it.22

[108] Mangu Awarau of Ngāi Takoto offered the following:

M Awarau: I think we all looked after that place because we must have if our people have been fishing off there on a day-to-day basis.23

[109] Given that Ngāti Kuri and Ngāi Takoto had readily acknowledged Te Aupōuri’s role as kaitiaki, and the