IN THE WAITANGI TRIBUNALOF NEW ZEALAND

WAI 1040IN THE MATTER OF

the Treaty of Waitangi Act1975

ANDIN THE MATTER OF

Te Paparahi o Te RakiInquiry

JOINT MEMORANDUM OF COUNSELDated this 28

day of October 2009Kotuku Chambers

Counsel Acting: Moana Tuwhare

151-153 Broadway P.O Box 671KaikoheNORTHLANDPh: 09 405 3999Fax: 09 405 3991

May it please the Tribunal:

This Memorandum is filed in response to the Memorandum-Direction dated 17September 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 8

2009 and Counsel further had a telephoneconference to discuss the issues required to be addressed to co-ordinate preparation tocommence hearings. Out of those discussions, Counsel is in a position to advise thefollowing 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, orhave further matters pertaining specifically to their clients, their right to file separateMemoranda is reserved.

Hearing Commencement Date

The date of 29

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 theposition that this week only be confirmed on the proviso that the claimants do not loseany hearing time as a consequence. Therefore we seek that the day lost in week one isable 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 22

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 willbecome 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 thenumber of witnesses and lengths of their briefs.

List of Witnesses Identified

Set out in the table below is a preliminary list of witnesses which Claimants and Counselhave identified. The list is in no particular order and should not be read as an indicationof an order of witnesses for presentation purposes. Please also note that this is not anexhaustive 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 updatethe Tribunal on the progress being made. Further, a list of Counsel responsible forbriefing the respective witnesses is to be confirmed and filed over the coming months.

Proposed List of Witnesses for StageOne Hearings

Erima HenareHone SadlerRob Cooper6-7 others to be advisedHirini HenareMrs Nellie RataSir Graham LatimerHemi RapataPereme PorterGray Theodore Arthur HarawiraHone Mihaka Julian WilcoxKyle HoaniDick Pene Taparoto George Te Ramaroa Tito Tame Te RangiBruis BarrettRima Edwards plus 5-6 others to beadvised