IN THE WAITANGI TRIBUNAL

OF NEW ZEALAND
WAI 1040

IN THE MATTER OF the Treaty of Waitangi Act

1975

AND

IN THE MATTER OF Te Paparahi o Te Raki

Inquiry

JOINT MEMORANDUM OF COUNSEL

Dated this 28th day of October 2009

Kotuku Chambers Counsel Acting: Moana Tuwhare

151-153 Broadway
P.O Box 671
Kaikohe
NORTHLAND
Ph: 09 405 3999
Fax: 09 405 3991
May it please the Tribunal:

1. This Memorandum is filed in response to the Memorandum-Direction dated 17

September 2009 (Wai 1040, #2.5.26) directing that Counsel directly involved in co-
ordinating the stage one hearings file monthly updates and to advise the Tribunal on
when claimants will be ready to proceed to hearings.

2. Claimants and Counsel met on September 8th 2009 and Counsel further had a telephone
conference to discuss the issues required to be addressed to co-ordinate preparation to
commence hearings. Out of those discussions, Counsel is in a position to advise the
following on behalf of most claimant counsel and the groups they represent. However,
where Counsel have not been involved in discussion or have taken a different view, or
have further matters pertaining specifically to their clients, their right to file separate
Memoranda is reserved.

Hearing Commencement Date

3. The date of 29th of March 2010 has been suggested as the start date for the first week of
hearings. It is noted however that this is a short week and Counsel seek to reserve the
position that this week only be confirmed on the proviso that the claimants do not lose
any hearing time as a consequence. Therefore we seek that the day lost in week one is
able to be made up at the end of the hearing timetable.

4. If this cannot be accommodated then the suggested date for the commencement of
hearings is 22nd of March 2010 which is a full week.

5. Further to this Counsel wish to flag that we may need to make an application to the
Tribunal for further hearing time than the three weeks currently allocated. This will
become apparent as briefing of witnesses progresses. Counsel therefore seek to make any
such application by the end of January if more hearing time looks necessary based on the
number of witnesses and lengths of their briefs.
List of Witnesses Identified

6. Set out in the table below is a preliminary list of witnesses which Claimants and Counsel
have identified. The list is in no particular order and should not be read as an indication
of an order of witnesses for presentation purposes. Please also note that this is not an
exhaustive list at this stage, some witnesses listed are not confirmed whilst others are.
This list is likely to be amended over the coming months and is provided now to update
the Tribunal on the progress being made. Further, a list of Counsel responsible for
briefing the respective witnesses is to be confirmed and filed over the coming months.

Proposed List of Witnesses for Stage

One Hearings
Erima Henare
Hone Sadler
Rob Cooper
6-7 others to be advised
Hirini Henare
Mrs Nellie Rata
Sir Graham Latimer
Hemi Rapata
Pereme Porter
Gray Theodore
Arthur Harawira
Hone Mihaka
Julian Wilcox
Kyle Hoani
Dick Pene
Taparoto George
Te Ramaroa Tito
Tame Te Rangi
Bruis Barrett
Rima Edwards plus 5-6 others to be
advised
Erimana Taniora
Further Whangaroa witnesses to be
advised
3-4 Waitaha witnesses to be advised
Nuki Aldridge
Taipare Munroe
Mike Kake
Morehu McDonald
Tupari Tito
Patu Hohepa
Hone Ruka
Waaka Te Huia Rupena Tuoro
Mike Pehi
Taite Renata
Claire Morgan
Oneroa Pihama
Tepania Kingi
Manuera Tohu
Hine Puru
Jennifer Rutene
Pae Tahere
Bob Koroi
Doug Te Wake
Bernard Te Wake
John Klaricich

Wiremu Heihei

Te Huranga Hohaia

Kipa Munroe

Nora Tawhi Rameka

Matiu Clendon
Moka Puru
7. Counsel are considering exchanging draft briefs amongst ourselves by the end of January
2010, to evaluate where there is duplication of evidence and have a clear picture of
hearing time requirements. It is intended that final briefs will be filed one month in
advance of the first hearing week for those witnesses presenting in week one.

General Hearing Outline Proposed

8. There is general agreement that general or generic tangata whenua evidence which relates
to all if not most groups involved will be presented first. Particular evidence will then be
presented on behalf of particular hapu or rohe. This will mean that some witnesses will
be presenting evidence more than once as a generic witness and as a group specific
witness. A number of witnesses in the list above will present more than once during the
course of the hearings.

Site Visits and Venues

9. Further, logistical matters such as site visits, hearing venues and so forth are still being
worked through, and updates shall be provided as general consensus on these matters is
arrived at.

Detailed Hearing Timetable

10. Counsel seek to file a detailed hearing timetable which shall outline the order of
witnesses, both claimant and technical and any proposed site visits closer to hearing date.

Dated this 28th day of October 2009

Moana Tuwhare
On behalf of Counsel Acting