Report on unresolved land and resource issues for the Tauranga District Inquiry (Wai 215)

Transcription

1 Wai 215 #83 Report on unresolved land and resource issues for the Tauranga District Inquiry (Wai 215) August 2006 Jamie Mitchell A report commissioned by the Waitangi Tribunal for the Tauranga District Inquiry

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3 CONTENTS THE AUTHOR... 1 INTRODUCTION... 2 RESEARCH QUESTIONS & ANSWERS....4 A. MATAKANA ISLAND....4 B. MATAKANA ISLAND SUBMARINE CABLE... 5 C. MANGATAWA QUARRY....5 D. MAUNGATAPU PA SITES AND URUPA... 6 E. PAPAMOA2 RESIDUE... 7 F. MATAKANA ISLAND SEWERAGE OUTFALL... 8 G. CROWN OWNERSHIP OF TAURANGA AIRPORT LAND... 9 H. PUBLIC WORKS TAKINGS FROM THE WHAREROA AND TE A W A-O-TUKORAKO BLOCKS I. POPLAR LANE QUARRY BIBLIOGRAPHY APPENDIX I... 19

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5 The Author My name is Jamie Mitchell. I have a Bachelor of Arts with first class honours in history (2003) from Victoria University of Wellington. Since August 2005 I have been a Research Officer at the Waitangi Tribunal. In April 2006 I completed a quantitative study of Maori land alienation and land use in the National Park District (Wai 1130).

6 Research resources Terraview Platinum Landonline MLIS Terraview Platinum is an electronic database-mapping tool which contains information on land parcels throughout New Zealand. Among the features that can be accessed on this database are topographic, legal property, satellite imagery, and address data. Terraview Platinum was produced by Terralink International Limited, which specialises in GIS and mapping solutions. Landonline is an electronic database system developed by LINZ to manage land information. The database provides access to New Zealand's official titles register and official records of survey information. The Maori Land Information System is an official database of the Maori Land Court which provides a national index of Maori land and an imaging of records. Access to National Maori Land Court files can be obtained through this database. 2

7 Introduction This report is focused on addressing unresolved land issues identified by Associate Professor Michael Belgrave when he reviewed the casebook for stage two of the Tauranga inquiry.l The issues identified by Belgrave have also been summarised in section 1.1 of the research commission for this project. 2 The original research for this report was based upon an internal project brief which framed the research issues as a set of questions to be addressed. This report has been structured on the basis of those questions. The methodology has been to locate relevant source material and to write brief explanations which address the unresolved issues. Although I have not always been able to provide complete answers, it is hoped that the information provided will assist parties in resolving these matters. In conducting research for this project, a broad range of source material has been consulted. These sources include, but are not limited to: Wai 215 casebook research reports; Online databases, including Terraview Platinum, Landonline and MLIS (the Maori Land Information System); website pages; and personal informants. Accompanying this report is a CD which contains all relevant source material that I have located. All source material on the CD has been allocated an attachment page number. These page numbers are referred to in my report both in footnotes and at the end of each research issue under a section on sources. The attachments are listed in full in the bibliography. 1 M Belgrave re Tauranga Stage 2 casebook review, 22 Feb 06, Wai 215 #2.457, s 5.1 (b). 2 J Mitchell commission re land and resource issues, 8 June 06, Wai 215 #3.10 I, attached as Appendix 1. 3

8 RESEARCH QUESTIONS & ANSWERS a. Matakana Island Has the Historic Places Trust or any other organisation completed a historic sites survey for Matakana Island? The Historic Places Trust conducted a survey of archaeological sites on Matakana Island in August According to the archaeologist, Professor Douglas Sutton, a thorough archaeological survey was conducted on Matakana Island in the mid 1990s (in which he was involved).3 Professor Douglas Sutton has a reference to the archaeological reports derived from this survey. Unfortunately, despite numerous requests for the reference, this information was not supplied. If so, what is the most current survey and what is the current status of these sites? As stated above, the most current survey could not be accessed. However, the New Zealand Historic Places Trust did compile a map of archaeological sites on Matakana Island in 1981 which has been attached. 4 A printout showing the location of all registered sites of importance on Matakana Island as at July 2006 has also been received from the Historic Places Trust. 5 Who currently owns the commercial forestry plantations on Matakana Island? The forestry plantations on Matakana Island are owned by two different companies, TKC Holdings Limited and Blakely Pacific Limited. Two maps are attached which show the location of the forestry plantations for both owners. 6 3 Communication with Professor Douglas Sutton, University ofwaikato, July Attachment 1. 5 Attachment lea) 6 Attachments 2 and 2(a) 4

9 b. Matakana Island Submarine Cable Was the proposed submarine feeder cable to Matakana Island ever laid? The proposed submarine feeder cable to Matakana Island was laid. If so, has its position been mapped? The position of this cable is shown in the bottom plan in Nautical Chart NZ 5411, indicated by the purple wavy line. 7 c. Mangatawa Quarry What is the current status of restoration work at the Mangatawa Quarry? Mr John Budden, Senior Property Officer at the Tauranga City Council, has advised that grass has grown back over the quarry site and the Council has been involved in planting trees on the land. 8 There are no plans for any further restoration work other than occasional tree planting. The aerial photograph supplied by the Council shows that the land is almost entirely grassed over.9 Have any water reservoirs been constructed on the Mangatawa-Papamoa block, and are there any plans to do so? One water reservoir has been constructed on the Mangatawa-Papamoa block, near the site of the former quarry. The Tauranga City Council initially planned to construct two water reservoirs, but the one labelled '0' on SO never went ahead and is no longer under consideration. There are no plans to construct any other water reservoirs Attachment 3. 8 Communication with Mr John Budden, Senior Property Officer, Tauranga City Council, April Attachment Attachments

10 d. Maungatapu pa sites and urupa Are there any current concerns regarding any site impact from the road cutting through the former saddle on the boundary of the historical Te Tumu Ouwe Pa site? Identifying the current concerns referred to above necessitates communicating with the people who have interests in the Te Tumu Ouwe Pa site. In the time available to complete this project, there was insufficient time to do this. Instead, some resources have been compiled which may help resolve this matter. The historical Te Ouwe Pa (as it is also referred to) is registered as site number 69 on the Tauranga City Council's Heritage Register. Its legal description is Lot 23 and its location is specified in survey plan DP S The current area of the Te Ouwe Pa site is hectares according to Terraview Platinum. I I According to Heather Bassett's report 'Aspects of the Urbanisation of the Maungatapu and Hairini, Tauranga', claimants feel that the pa site was larger than just the jutting headland and that the Taipari Street Road divides the pa. According to Bassett, there is a Tauranga District Council report which refers to an 1883 plan of the pa site. 12 Unfortunately, I have been unable to locate the report and the plan. There are at least two survey plans earlier than DP S28356: ML (dated 1964) and ML (dated 1917).13 These plans show the area of the original block which encompassed the pa site, prior to being subdivided. ML shows the area of land taken for a motorway out of Maungatapu ID2C block. The road taking was gazetted in 1968 as being 3 r 0.5 p.14 Do residential sections encroach across the boundary of the Waitaia cemetery on the Maungatapu peninsula? The Waitaia cemetery is located on the Waitaia 2A block. I have obtained a copy of the certificate of title (SA 44/1) and a survey plan of the Waitaia 2A block(ml 18090) that has 11 Attachments 13-19, Heather Bassett, 'Aspects of the Urbanisation of the Maungatapu and Hairini, Tauranga', July 1996, Wai 215 #A26, pp Attachments Attachment 28. 6

11 been endorsed by the Maori Land Court. IS The aerial photograph of the block shows the location of residential properties in relation to the urupa. 16 e. Papamoa 2 residue Has the Papamoa 2 residue been set aside as a burial reserve? If not, what is the current legal status of this block? The area previously known as Papamoa 2 residue is now in three separate blocks of Maori land. The largest block is Papamoa 2B with an area of hectares and owned by the Papamoa No 2B Trust (an Ahua Whenua trust). Papamoa 2A2 has an area of hectares and is also an Ahu Whenua Trust, named Papamoa 2A Trust. Papamoa 2Al has an area of hectares and is owned by Arapeta Hoko.17 The three land blocks mentioned are Maori Freehold land and they have not been set aside as burial reserves. However, in 2001 all of the blocks were registered as wahi tapu areas through section 32 of the Historic Places Act Under this legislation, the Maori Heritage Council can recommend that the Tauranga District Council take appropriate steps to 'assist in the conservation and protection of the wahi tapu area'. 15 Attachments 29 and Attachment Attachments (q) 7

12 f. Matakana Island Sewerage Outfall What was the final outcome of Resource Management Act process concerning the Matakana Island Sewerage outfall? The 'Matakana Island sewerage outfall' is also referred to as the 'Katikati outfall'. Resource consent for the Kaitkati sewerage scheme was granted to the Western Bay of Plenty District Council by the Environment Court on 9 November The Resource Consent (No ) outlines the conditions for the discharge of the treated effluent. The location of the pipeline is shown in the top plan in Nautical Chart NZ 5411, indicated by a dashed purple line with dots. 19 Are there any significant ongoing environmental effects associated with the final outcome? In recent times resource and environmental consultants Kingett Mitchell Ltd have conducted a survey of the outfall environment. The survey was conducted to satisfy condition 11.4 of the resource consent which states: The consent holder shall, seven years after the granting of this consent, submit to the Bay of Plenty Regional Council, an investigation and report on the effect of this discharge on the marine habitat surrounding the Matakana Island outfall. 2o The 'Survey of the Katikati Outfall Environment' examined the nature of sediments and the health of invertebrates around the outfall area. The draft report of the survey concluded that there is 'no indication that the discharge from the outfall was having any adverse effects on benthic infaunal communities,?1 The survey did not examine any possible human or cultural impacts resulting from the outfall. 18 Attachments Attachment Bay of Plenty Regional Council Resource Consent: 2489, section See attachments 'Survey of the Katikati Outfall Environment', draft report, Kingett Mitchell Limited, April 2006, p 31. See attachments

13 g. Crown ownership of Tauranga Airport land What is the present status of the Tauranga Airport land? How much airport land does the Crown currently own or administer? Has the Crown disposed of any airport land since 1998? The Tauranga Airport encompasses around 250 hectares of land, all of which is owned by the Tauranga City Council in various forms. The airport is owned by the Tauranga City Council as a reserve, in fee simple, or in joint ownership with the Crown. These ownership forms are referred to in an ownership plan supplied to the Waitangi Tribunal Business Unit in May 2006 by Mr John Budden, Senior Property Officer at Tauranga City Council. 22 I have chosen to rely on the ownership plan and other information supplies by Mr Budden rather than the ownership information provided in the 'Tauranga Airport Strategic Plan '(draft version) which appears to be somewhat out of date?3 A summary of the current ownership of Tauranga land is included in the table below: Table 1: Ownership of Tauranga Airport land CT reference or appelation SA40D Sub-total (Reserve) SA1286/48 SA711/247 SA876/91 SA718/252 SA6D1748 SA2BI115 SA25A1371 Sub~t()tal(Feesimple) SA363/231 Area Current listed owner (hectares) Tauranga City Council 17~S Tauranga Borough Council Tauranga Borough Council Tauranga Borough Council Tauranga Borough Council Tauranga City Council Tauranga Borough Council Tauranga City Council Tauranga City Council Ownership status Reserve for Aerodrome purposes.. Fee simple Fee simple Fee simple Fee simple Fee simple Fee simple Fee simple.... J oint ownership SA363/232 SA56C/405 SA2B/ Tauranga City Council Tauranga District Council Tauranga Borough Council Joint ownership Joint ownership Joint ownership 22 Attachments Attachments

14 SA852/ Tauranga Borough Council As the table shows, the Crown currently does not own any of the Tauranga Airport Land. However, hectares of the land is held in joint ownership between Tauranga City Council and the Crown subject to the provisions of the Airport Authorities Act The land under title SA40D/234 is subject to a 1961 agreement between Her Majesty the Queen and the Tauranga City Council. A copy of this agreement is held at the Land Information New Zealand (LINZ) office in Wellington as Auckland Deed no I have viewed a copy of this agreement on microfilm. A request was made to LINZ for a paper copy of the agreement but they never responded. h. Public works takings from the Whareroa and Te Awa-o-Tukorako blocks How much ofthe land taken from the Whareroa and Te Awa-o-Tukorako blocks for 'better utilisation' under the Public Works Act is still owned or administered by the Crown? In conducting research on this issue use has been made of the information and references provided in the 'Mount Maunganui Peninsula' report produced by McCaw Lewis Chapman, led by Brian Nabbs. 24 The amended statement of evidence by John Gordon Neverman has also been considered. 25 There appears to be some confusion about the amount of land that was taken from Maori owners for 'better utilisation' from the Whareroa and Te Awa-o-Tukorako blocks in The Nabbs report states that 91 acres was taken from the Whareroa block. 26 Conversely, the statement of evidence of Matiu Dickson records that 96 acres was taken from both the Whaeroa and Te Awa-o-Tukorako blocks. 27 Neverman's statement of evidence cites a range 24 McCaw Lewis Chapman, 'Mount Maunganui Peninsula: Vol 1 " Wai 215 #AIO, pp Amended Statement of Evidence ofjohn Gordon Neverman, 28 lun 06, Wai 215 #R6a 26 McCaw Lewis Chapman, 'Mount Maunganui Peninsula: Vol 1 " Wai 215 # A10, P Statement of Evidence of Matiu Dickson, 22 May 06, Wai 215 #Q12 10

15 of possible area figures, but he appears to accept 92a 2r 17.9p as the most reliable figure for the amount of land taken. A Gazette notice dated 5 September 1952 provides an official public record of the area of land taken for 'Better Utilisation' from the Whareroa and Te Awa-o-Tukorako blocks,z8 According to the notice, the sum total of the land areas taken is acres. A second Gazette notice dated 16 January 1962 lists all the land taken for a 'Government Work and Not Required for That Purpose to be Crown Land'.29 In other words, the notice declares that the land taken is pursuant to section 35 of the Public Works Act, which provides for land declared as Crown land to be administered and disposed of according to the Land Act The land in this Gazette notice amounts to acres, 19.3 acres less than the land taken in the September 1952 notice. The lands referred to in the January 1962 Gazette notice are shown on plan SO under new appellation names. There is a slight discrepancy between the area shown on the plan and that in the Gazette notice: the plan lists an area of92.61 acres as opposed to acres (a difference of acres). Survey plan SO also depicts the lands referred to in the January 1962 Gazette notice, under the old appellation names. This plan includes details and area figures relating to more than one Gazette notice. Because this plan combines different Gazette entries it is difficult to extract the appropriate area figure for the land taken for 'better utilisation' and subsequently made Crown land. 3! The current certificates of title for the land originally taken for 'better utilisation' show that none of the land is still owned by the Crown. 32 This conclusion is consistent with the findings of John Gordon Neverman. How much of this land was subsequently alienated by sale or lease, and at what price? Identifying what subsequently happened to the land taken by the Crown for 'better utilisation' from the Whareroa and Te Awa-o-Tukorako blocks is difficult due to the fact that the land 28 See attachment 179a; the Nabbs report also refers to this notice at the top of page 8 29 See attachment ); the Nabbs report refers to this notice on page At the time of the Gazette notice all land taken by the Crown for Public Works and not used for that purpose had to be dealt with under sections 35 to 41 ('Dealings with Taken Lands') of the Public Works Act The decision to declare the land to be Crown land gave the Government more options with regard to their administration and disposal of the land. 31 Attachments Attachments

16 blocks taken were so small and numerous and are difficult to trace over time. The statement of evidence by John Gordon Neverman outlines the current status of relevant land blocks, but does not provide detail about what happened between the Crown declaration in 1962 and the present. The description of the 'subsequent dealings with land taken for better utilisation' in the Nabbs report is also problematic in that it records information for a land area which is greater than that of the original taking. The sum area of all the land parcels referred to in the Nabbs report is acres. Never-the-less the Nabbs report provides a useful basis for compiling the relevant data to resolve this research issue. Entries in the Nabbs report have been checked against the corresponding certificate of title. The end result is the two tables produced below (Table 2 and Table 3) showing Crown sales and Crown leases of the land taken for better utilisation. I..~. <,. Table 2: Crown sales 'BlOck'"... Atea(aci-es) ~rigi~~lpti~~;.. AdJu$ted price* "Dateof.. Dateoi'.. i~~}<.... I' ;.. :Y<:;.;.:,": I '"....f~... I....:., :' ;" purchase. conveyance :.. '... d~ed/agreement.,..; Section ,230 $599, Section $ Sections ,600 $5,476, ,25,27,49,57,63, 74 Section $45000 $577, Section $8500 $114, Section $42, Section $ Section $ $ *The pnce figure IS the purchasmg power as at The ongmal pnce has been adjusted for mflatlon usmg the New Zealand CPI Inflation Calculator on 23 August 2006). The price is taken as at the date of the purchase agreement

17 Table 3: Crown leases..... BI()c~ ',. >'{.' Ar~a(acres) Leasestarf >Y Lease~nd Lease rate (per Adjusted ' '<;';""-...;:..'.;,,....' '......"..... :.... '. year)... lease rate * Section $36458 Section $2098 $8524 Pt Section $528 $1077 Pt Section $1570 $3201 Section $1650 $22,187 Part Section 63 and $36,458 Section $43525 Section $59839 Section $43216 *The lease rate IS based on the purchasmg power of that money as at The ongmal rate has been adjusted for inflation using the New Zealand CPI Inflation Calculator (accessed on 23 August 2006). The lease rate is taken as at the date of the beginning of the lease. How many Crown leases still continue, and how many leases have ended? No Crown leases still continue and all the leases which have ended are indicated above. i. Poplar Lane Quarry Under what authority was the Poplar Lane Quarry established? The Poplar Lane Quarry is located on land block Lot 6 Deposited Plan The hectare block is currently owned by Fulton Hogan Limited, who also manage the quarry. Andrew Bruere from the Bay of Planty Regional Council stated that Fulton Hogan took over the running of the quarry from Maketu Contractors in Maketu Contractors began quarrying there in the 1960s. 33 A 1952 certificate of title for land on which the quarry is now located (SA ) notes that the land is 'Subject to Section 8 Coal Mines Amendment Act 1950,.34 The research undertaken ahs not uncovered any mining license for the Poplar Lane quarry. 33 Communication with Andrew Bruere, Bay of Plenty Regional Council, May Attachments

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19 Bibliography Personal communications Communication with Andrew Bruere, Bay of Plenty Regional Council, May 2006 Communication with Mr John Budden, Senior Property Officer, Tauranga City Council, April 2006 Communication with Professor Douglas Sutton, University ofwaikato, July 2006 Communication with Tony Walton, Department of Conservation, Wellington Conservancy, May 2006 Phone conversation with Jay Staite, Bay of Plenty Regional Council, May 2006 Phone conversation with Mr John Budden, Senior Property Officer, Tauranga City Council, April 2006 Online resources Maori Land Information System (MUS) Terraview Platinum Wai 215 Record of Inquiry documents B McCabe, 'Trust Power Ltd, Matakana Island Feeder, Submarine Cable Laying, Assessment of Environmental Effects', 30 August 1996 (Wai 215 #A24) D Sutton, transcript of evidence (Wai 215 #J43) H Bassett & R Kay, 'Crown Acquisition & Desecration ofnga Potiki Land', May 1999 (Wai 215 #El) H Bassett, 'Aspects of Urbanisation on Maungatapu & Hairini, Tauranga', July 1996 (Wai 215 #A26) H Bassett, 'Mangatawa', December 1996 (Wai 217 #A44) McCaw Lewis Chapman, 'Mount Maunganui Peninsula: Vol 1 ' (Wai 215 # A10) R McClean, 'Matakana Island Sewerage Outfall', January 1998 (Wai 215 #B4) R Willan, 'From County to Town: A Study of Public Works & Urban Encroachment in Matapihi, Whareroa & Mount Mauganui', December 1999 (Wai 215 #F29) S Woodley, 'Matakana Island', July 1993 (Wai 215 #A8) 15

20 Primary documents Document Attachment Topic New Zealand Historic Places Trust, Map of Archaeological Sites on 1 a Matakana Island New Zealand Historic Places Trust, Printout showing location of 1 (a) a important archaeological sites on Matakana island, July 2006 Terraview Platinum pictures oftkc Holdings Limited and Blakely 2-2(a) a Pacific Limited land on Matakana Island (two pictures) Nautical Chart NZ b&f 'NZ 201 Symbols, Abbreviations, Terms used on Charts', 4-8 b&f Hydrographic Office of the Royal New Zealand Navy cited at: httq:// I.Qdf [accessed on 1 June 2006] Survey Plans SO 48010, SO 48011, SO c Aerial photograph of the Mangatawa Quarry site 12 c Appendix 16A Heritage Register from the Operative District Plan, d April 2006 Tauranga District Plan - Planning Map #E d Tauranga City Council Aerial Photography maps d Survey plan ML d Survey plan DPS 28356, ML 19323, ML d Land taken notice, 4 June 1968, New Zealand Gazette, 13 June 28 d 1968, no 37, p 992 Certificate of Title SA44/1, SA6BIl d Terraview Platinum picture ofwaitaia cemetery 33 d Maori Land Information System (MLIS) List of Current Owners 34 e Report (Papamoa 2A 1 ) Maori Land Information System (MLIS) List of Current Owners 35 e Report (Papamoa 2A2) Maori Land Information System (MLIS) List of Current Owners 36-40(q) e Report (Papamoa 2B) 'Survey of the Katikati Outfall Environment', draft report, Kingett f Mitchell Limited, April 2006 Bay of Plenty Regional Council Resource Consent: f Tauranga Airport Strategic Plan (Draft), Februrary g cited at: govt.nz/ cm/plans/airportstrategicplan. pdf Aerial photo of Tauranga Airport derived from Tauranga Airport 100 g Strategic Plan (Draft) Land taken for an aerodrome notice, 21 March 1940, New Zealand 101 g Gazette, 4 April 1940, no 30, p 628 Survey plan SO g Aerodrome plan showing ownership areas provided by Mr John g Budden (in two parts) 16

21 Document Attachment Topic Documents supplied by Mr John Budden including: 'Status Report g Tauranga Airport'; The Tauranga Aerodrome Establishment Order, 25 February 1963, New Zealand Gazette, 7 March 1963, no 15, p 299; Declaring land to be road, 24 January 1985, New Zealand Gazette, 31 January 1985, no 18, p 394; Reservation ofland and vesting in the Tauranga Borough Council, 4 September 1962, New Zealand Gazette, 6 September 1962, no 56, p 1463; and various Certificates of Title Removed - These attachments were various certificates of title that NIA duplicated the information supplied by Mr John Budden. Terraview Platinum picture of Tauranga airport land 177 g Land taken for a Government work and not required for that purpose h notice, 16 January 1962, New Zealand Gazette, 25 January 1962, no 5, pp cited in Appendix 15 of McCaw Lewis Chapman,'Mount Maunganui Peninsula' report, 1992, (Wai 215 #AlO) Land taken for better utilisation notice, 5 September 1952, New 179(a) h Zealand Survey plans SO 40894, SO 41560, SO 44549, DP h Various Certificates of Title relating to Whareroa land h Rocktec - Poplar Lane Quarry Project web page at i Various Certificates of Title relating to the Poplar Lane Quarry i Coal Mines Amendment Act, i Survey plans DP S79500, SO i 17

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23 Appendix I IOfF~CU\LI Wai 215 #3.101 IN THE WAITANGI TRIBUNAL IN THE MAnER OF: AND: The Treaty of Waitangi Act 1975 The Tauranga Moana Inquiry DIRECTION COMMISSIONING RESEARCH 1. Pursuant to clause 5A of the second schedule of the Treaty of Waitangi Act 1975, the Tribunal commissions James Julian Mitchell, a member of the Tribunal's staff, to prepare a research report examining land and resource issues left unresolved In previous research reports filed on the Tauranga Moana record of Inquiry, Including the following matters: 1.1 The current status of specific land and resource Issues left unresolved at the completion of previous casebook research, Including any research necessary to update or bring such Issues to completion: (a) Matakana Island historic sites survey due in 1995; (b) (c) (d) (e) (f) (g) (h) (I) (j) Current ownership of commercial forests on Matakana Island; The current status of Mangatawa quarry; The Matakana Island submarine power cable; Any encroachment of subdivisions and roads onto urupa and pa sites at Maungatapu; Any change to the status of Papamoa 2 residue or to the proposal to have it set aside as a burial reserve; The current state of the Matakana Island sewerage outfall; Any sale of Crown-owned shares in Tauranga Airport to the Tauranga and Western Bay of Plenty District Councils; The current ownership status of areas of the Whareroa and Te Awao-Tukorako blocks taken by the Crown for 'better utilisation': whether still in Crown ownership, leased, returned or sold to other parties; and What authority established the Poplar Lane quarry? 2. The commission commenced on 27 March 2006, subsequent to my direction dated 17 March 2006, which accepted the recommendations on proposed research and approved the commissioning of this research report (Wai 215 #2.466, paragraphs and 3.1). 3. The commission ends on 31 August 2006, at which time one copy of the final report must be submitted for filing in unbound form, together with indexed copies of any supporting documents or transcripts. An electronic copy of the report should also be provided in Word 97 or Adobe Acrobat format. The report and any subsequent evidential material based on it must be filed through the Registrar. Page 1 19

24 4. At the discretion of the presiding officer the commission may be extended If one or more of the following conditions apply: 4.1 The terms of the commission are changed so as to increase the scope of work; 4.2 More time Is required for completing one or more project components owing to unforeseeable Circumstances, such as illness or denial of access to primary sources; 4.3 The presiding officer directs that the services of the commlssionee be temporarily reassigned to a higher priority task for the inquiry; or 4.4 The commisslonee is required to prepare for and/or give evidence in another inquiry during the commission period. 5. The report may be received as evidence and the author may be cross-examined on it. 6. The Registrar is to send copies of this direction to: James Julian Mitchell Claimant counsel and unrepresented claimants in the Tauranga inquiry Counsel for the Tauranga City Council, Westem Bay of Plenty District Council and Environment Bay of Plenty Acting Chief Historian, Waitangi Tribunal Inquiry Facilitator, Waitangi Tribunal Solicitor General, Crown Law Office Director, Office of Treaty Settlements Chief Executive, Crown Forestry Rental Trust Chief Executive, Te Punl Kokirl Dated at Hamilton this 8 th day of June 2006 Judge ST Milroy Presiding Officer WAITANGI TRIBUNAL Page 2 20