A Maori Legal History of Wairarapa Moana

Oliver Skinner (Waikato Tainui), University of Otago

This thesis is a legal history of Wairarapa Moana, the wetlands comprising lakes Wairarapa and Onoke and their tributaries, from early Maori occupation of the area through to Treaty settlement processes and beyond. It explores the 'legal experiences' of Maori who are traditionally based around and share connections with Wairarapa Moana and questions how these experiences have shaped and continue to shape how the moana is managed and cared for today. The thesis seeks to answer the following research questions:

1. How do 'legal experiences' transfer themselves into legal frameworks?
2. How can the process of regaining connection to a moana through a Western legal system, an experience extending over decades, be understood?
3. In what ways do current strategies to manage and protect Wairarapa Moana provide for tikanga and matauranga Maori?

In answering these questions, this thesis takes a broad view of the various legal systems that have been employed over time to manage access and rights to the moana and its resources. With this long history considered, it scrutinises existing legal frameworks in place over the moana and suggests alternatives that better respond to tikanga and matauranga Maori perspectives and practices.