Makarika Station. OFFICIAL Wai 900 #A10. A scoping report commissioned by the Waitangi Tribunal for the East Coast District Inquiry (Wai 900)

Transcription

1 OFFICIAL Wai 900 #A10 Makarika Station A scoping report commissioned by the Waitangi Tribunal for the East Coast District Inquiry (Wai 900) June 2007 Jamie Mitchell

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3 Contents 1 THE AUTHOR INTRODUCTION MAKARIKA STATION LAND OWNERSHIP HISTORY FROM MAORI TO NON-MAORI OWNERSHIP THE TUPAROA CONSOLIDATION SCHEME EVIDENCE OF MAORI OPPOSITION THE ROLE OF THE NATIVE LAND COURT AND THE TAIRAWHITI DISTRICT MAORI LAND BOARD CONCLUSION BIBLIOGRAPHY...54 APPENDIX 1: THE COMMISSION...58 APPENDIX 2: CLAIM WAI APPENDIX 3: GISBORNE DISRICT COUNCIL VALUATION...62 APPENDIX 4: ALEXANDER TURNBULL PICTURES...64 APPENDIX 5: MUSEUM PHOTOS...70 APPENDIX 6: CURRENT CERTIFICATES OF TITLE...72

4 1 The Author 1.1 My name is Jamie Mitchell. I have a Bachelor of Arts with first class honours in history (2003) from Victoria University of Wellington. From August 2005 to February 2007, I worked as a Research Analyst/Inquiry Facilitator for the Waitangi Tribunal Unit and this is my third research report. In April 2006, I completed a quantitative study of Maori land in the National Park district and in August 2006, I completed a report on unresolved land issues in Tauranga. 1.2 Jonathan Sarich provided research assistance for this project. Jonathan holds a Master of Arts degree in history from Victoria University of Wellington (2006) and he works as a Research Analyst/Inquiry Facilitator for the Waitangi Tribunal Unit. 1

5 2 Introduction 2.1 This is a scoping report on issues related to the land area known as Makarika Station. The commission for this project (see Appendix one) established several key research questions that guided the preparation of this report. These questions are as follows: a) What is the history of the ownership of the lands known as Makarika Station from the original Maori owners to the present day? b) What hapu historically had an interest in the lands now known as the Makarika Station? c) What was the process by which the lands now known as Makarika Station were acquired by the Crown? d) What was the role of the Native Land Court and Crown agents in respect of the title investigation, survey and alienation of land on the Makarika Station? e) What evidence is there of Maori protest regarding the transfer of ownership in the Makarika Station? 2.2 The issues above are of major relevance to a claim (Wai 858) filed with the Waitangi Tribunal in 2000, by Isaac Campbell on behalf of himself, his tipuna Tuta (also known as Matutaera) Nihoniho, and various hapu of Ngati Porou (see Appendix two). The Wai 858 claim states: That in particular, the lands or area now known as Makarika Station were wrongfully and unlawfully acquired by the Crown or its agents, and that the above named claimants have been prejudicially affected by those acts or omissions of the Crown This report is more in-depth than an average scoping report in that it addresses some of the research questions (a and c) in considerable detail. Other research questions, such as b, d and e have not been examined in so much detail and there is scope for further research on these issues. This report has appendices and is accompanied by a separate document bank of primary sources. The appendices are documents which the general reader my find useful to consult during their reading of the report. The document bank contains detailed material of use to someone who wants to view original documents, or to check footnotes for accuracy. The document bank includes a number of important documents which relate to the lands now known as Makarika Station, but it does not include all the documents that 1 Statement of Claim for Wai 858, Document , Record of Inquiry for Wai 900 (East Coast Inquiry), p 1 2

6 were consulted in preparing this report. Where a document is available in the document bank, the document bank page number has been indicated in the footnote. 3

7 3 Makarika Station 3.1 The Makarika Station is a farmland located about nine kilometres southwest of Ruatoria, nestled in-between the Mata River and the Makarika Stream (see the map below). The approximately 1350-hectare property is privately owned and is used for sheep and cattle farming. The street address of Makarika Station is 249 Makarika Road, Te Puia Springs, Gisborne. Map 1: The location of Makarika Station Source: Waitangi Tribunal Unit Map based on a MapTV printout of Makarika Station provided by the Gisborne District Council 4

8 3.2 The Gisborne District Council assessed the land value of Makarika Station as at 1 September 2005, at $4,420,000. The Council s valuation for the Makarika Station property is shown in Appendix three. (The valuation is divided into two parts, ratable and nonratable). 3.3 The Makarika Station, situated on predominantly open grassland, has a long history of sheep and cattle farming. The station appears to have been an important source of local employment for people from Ruatoria and surrounding areas since the early twentieth century. 2 There are three sites on Makarika Station that are currently registered with the New Zealand Historic Places Trust as places with historical or cultural heritage significance. 3 The sites are: the Makarika Station Store, the Makarika Station Blacksmith s Shop and the Makarika Station Woolshed. Below are some photos of these sites, taken in (Permission to include these photos was granted by the Alexander Turnbull Library). Photo 1: The Makarika Station Store, 1923 Source: 17. Waiapu Co. Makarika Station, Peter Hervey-Bathurst Photograph collection (PAColl-5532), Alexander Turnbull Library Pictures 2 Topographical maps and early photos show the open grasslands of the Makarika Station. The old photos also show a number of people working on the Makarika Station, including Maori men and women. See Appendix 3: Alexander Turnbull Library Pictures - Source: 17. Waiapu Co. Makarika Station, Peter Hervey-Bathurst Photograph collection (PAColl-5532); and Appendix 4: Photos supplied by the Tairawhiti Museum 3 The sites are all registered as Historic Place - Category II. For information on how Category II registrations are defined see: Historic Places Act 1993 (as amended in 2006), Part II: Registration of Historic Places, Historic Areas, Wahi Tapu, and Wahi Tapu areas 5

9 Photo 2: The Makarika Station Blacksmith s shop (on far left), 1923 Source: 17. Waiapu Co. Makarika Station, Peter Hervey-Bathurst Photograph collection (PAColl-5532), Alexander Turnbull Library Pictures Photo 3: The Makarika Station Woodshed, Source: 17. Waiapu Co. Makarika Station, Peter Hervey-Bathurst Photograph collection (PAColl-5532), Alexander Turnbull Library Pictures 6

10 3.4 The files of Historic Places Trust reveal that sometime in the 1990s, a Gisborne District Heritage Study was undertaken on the three sites depicted above. The Study s report on the Blacksmith s shop contains some interesting comments about the early history of Makarika Station in general: Makarika Station was first taken up in the 1880s by A.F. Somerville, whose son became Admiral Sir James Somerville. This station was managed by T. Sherrwood as Somerville did not live there, and at first consisted of 16,000 acres covered by bush and scrub. Over the years the land was cleared and by 1926 the station was mostly under grass. That year the station was taken over by Mr & Mrs G E Cotterill, who further improved the pasture. Their descendants still own the farm which has been reduced to three thousand acres, and use it to run sheep and their beef herds. East Coast roads were unreliable for a long time and horses were the basis of inland transport until well into this century. As Makarika Station was isolated from the nearest town, it had its own blacksmith, who both shoed the horses and made tools and other metalwork for the farm. 4 4 Gisborne District Heritage Study (for properties on Makarika Station), New Zealand Historic Places Trust files, Gisborne branch, date not stated, p2 7

11 4 Land ownership history 4.1 The Makarika Station encompasses a number of different blocks of land. The current appellation (legal description) names of these blocks of land (in the Gisborne land district) are as follows: Hauanu A Hauanu B Orua 1 Orua 4 Orua 5A Orua 5B Orua A Makarika A2 Lot 1 DP 9634 Lot 2 DP 9634 Lot 4 DP 9634 Lot 6 DP 9634 Lot 7 DP 9634 Lot 8 DP 9634 Lot 9 DP 9634 Lot 2 DP 9713 Section 18 Block VI Mata Survey District Section 19 Block VI Mata Survey District 8

12 4.2 The layout and relative size of the blocks are shown in the map below. Map 2: Land blocks within Makarika Station Source: Waitangi Tribunal Unit map based on a MapTV printout of Makarika Station provided by the Gisborne District Council 9

13 4.3 All of the above land blocks are owned by the same private owners under three Certificates of Title (See Appendix six). These Certificates of Title are: 6C/1384, Gisborne, which covers Lot 2 DP 9713 ( hectares); 6C/1385, Gisborne, which covers Lots 1-2, 4, 6-9 DP 9634 and Orua 1, 4 and Makarika A2 and Sections Block VI Mata Survey District ( hectares); and 133/44, Gisborne, which covers Hauanu A, B and Orua A, 5A, 5B ( hectares). 4.4 This section traces the ownership history of the land within Makarika Station from the first title ownership awards to the present day owners. The purpose of this section is to provide a brief overview of land ownership; leases and mortgages are not discussed. Only changes in ownership involving the transition of land out of Maori ownership have been researched in detail, and the findings of this research are the focus of Section five. Because changes in ownership involving non-maori have not been researched, I cannot be conclusive as to how these changes took place, for example, whether it was by sale, exchange or other means. Therefore, in the following narrative of title events, changes in ownership will often be referred to in unspecific terms, as a transfer or an acquisition. 4.5 The ownership history of Makarika Station presented below is divided into different sections, according to the land blocks involved. The history begins with the initial title award of the land block and ends with the acquisition of the land by the current owners. When the title to one land block has become consolidated with that of another block I have entered the subsequent history of the blocks under a new inclusive heading, to avoid repetition. For example, where the titles to Haunau A, Orua 5A and Orua 5B are combined into a single title (80/88, Gisborne), I have created a new heading under which I discuss the subsequent history of all three blocks. The dates presented below are based on when an event was recorded on a title. Sometimes events were recorded on titles immediately after the event happened, but other times there could have been a time lapse as big as several years between the event and the actual recording. For that reason, the dates used in the narrative below may not always be a reliable indicator of when an event occurred. 4.6 Two flow diagrams are presented on the following pages which illustrate the succession of titles for the land blocks which are now part of Makarika Station. Please note that changes in land title are not always synonymous with changes in ownership. For example, in 1896 ownership of Orua 1 was transferred from William Somerville to Arthur Somerville, but no 10

14 new certificate of title was issued. These diagrams are intended as resources to be viewed by the reader in conjunction with the descriptions for each land block. The flow diagrams are based on Certificates of Title and Provisional Register documents. 4.7 Land Information New Zealand (LINZ) defines Certificates of Title (CT) as follows: A Certificate of Title is a formal document that records transactions concerning the specific parcel of land identified by the CT. It records the legal description of the land, all owners, current and historic, any legal documents (mortgages, leases, rights, easements, restrictions etc) registered against the land. CTs also contain a diagram that shows the shape and dimensions of the land And LINZ defines Provisional Registers (PR) as follows: In LINZ there exist many volumes of registers called Provisional Registers which were first established in When Freehold, Partition or other title orders of the Maori Land Court are first registered with LINZ under the Land Transfer Act, they are embodied in the Provisional Registers In the diagrams below, GS stands for Gisborne Land District and PR stands for Provisional Register. A box with bold font and lines indicates a title which is live (still current). A box with a broken line indicates that the title is for land which is not part of present-day Makarika Station. 5 Land Information New Zealand (LINZ), Titles and Records Technical Terms Explained available at: [viewed on 2 February 2007] 6 Land Information New Zealand (LINZ), Titles and Records Technical Terms Explained available at: [viewed on 2 February 2007] 11

15 Figure 1: Flow diagram showing title history of title 6C/1384, Gisborne and 6C/1385, Gisborne. Page 1 of 2 Title Appellation Date Title Appellation Date GSPR11/52 Orua GS29/297 Orua acres 501 acres Title Appellation Date Title Appellation Date GSPR53/15 Orua GS39/261 Orua acres 1 rood 16 perches 32 acres 1 rood 16 perches Title Appellation Date Title Appellation Date GSPR15/70 Orua GS40/192 Orua acres 17 perches 23 acres 17 perches Title Appellation Date Title Appellation Date Title Appellation Date GSPR18/99 Orua GS44/216 Makarika C 1908 GS80/89 Makarika 1, Makarika B, Makarika C, Orua 1, Orua 2, Orua 3, Orua acres 1 rood 15 perches 100 acres 1 rood 15 perches 1185 acres 3 roods 8 perches Title Appellation Date Title Appellation Date GSPR11/55 Makarika ? GS29/298 Makarika acres 488 acres Title Appellation Date Title Appellation Date GSPR15/105 Makarika B 1904 GS42/93 Makarika B acres 2 roods 28 perches 32 acres 2 roods 28 perches Title Appellation Date Title Appellation Date GSPR16/22 Makarika C 1904 GS44/216 Makarika C acres 3 roods 29 perches 14 acres 3 roods 29 perches Title Appellation Date Title Appellation Date Title Appellation Date GSPR16/23 Makarika D 1904 GS85/243 Makarika A GS3C/1364 Makarika A acres 3 roods 33 perches 14 acres 3 roods 33 perches 14 acres 3 roods 33 perches Title Appellation Date Title Appellation Date GS44/256 Makarika D 1908 GS133/45 Makarika A acres 3 roods 33 perches 14 acres 3 roods 33 perches 12

16 Flow diagram showing title history of 6C/1384, Gisborne and 6C/1385, Gisborne. Page 2 of 2 Title Appellation Date Title Appellation Date Title Appellation Date GS80/89 Makarika 1, Makarika B, Makarika C, Orua 1, Orua 2, Orua 3, Orua GS133/46 Pt Sec 9, Makarika 1, pt Makarika B., pt Makarika C, Orua 1, pt Orua 2, pt Orua 3, Orua GS6C/1384 Lot 2 DP acres 3 roods 8 perches 1176 acres perches hectares Title Appellation Date Title Appellation Date Title Appellation Date Title Appellation Date GS3C/1364 Makarika A GS4D/736 Sec 19, pt Sec 20, pt Makarika 1, pt Makarika B., pt Makarika C, Orua 1, pt Orua 2., pt Orua 3, Orua GS6C/1124 Sec 18, Sec 19, Lots 1,2,4, 6-9 DP 9634, Makarika A2, Orua 1, Orua GS6C/1385 Sec 18, Sec 19, 2000 Lots 1,2,4, 6-9 DP 9634, Makarika A2, Orua 1, Orua 4 14 acres 3 roods 33 perches hectares hectares hectares Title Appellation Date Title Appellation Date GS4D/735 Makarika A GS5B/966 Sec 18, Sec 19, pt Sec 20 pt Makarika 1, pt Makarika B. pt Makarika C, Makarika A2, Orua 1, pt Orua 2. pt Orua 3, Orua hectares hectares 13

17 Figure 2: Flow diagram showing title history of 133/44, Gisborne Title Appellation Date Title Appellation Date GSPR11/95 Hauanu A 1890 GS 30/211 Hauanu A 1893? 970 acres 970 acres Title Appellation Date Title Appellation Date Title Appellation Date GSPR15/103 Orua 5A 1904 GS42/92 Orua 5A 1906 GS80/88 Hauanu A, Orua A, Orua 5B 71 acres 71 acres 1077 acres Title Appellation Date Title Appellation Date Title Appellation Date GSPR15/104 Orua 5B 1904 GS45/89 Orua 5B 1908 GS133/44 Hauanu A, Hauanu B, Orua A, Orua 5A, Orua 5B 36 acres 36 acres hectares Title Appellation Date Title Appellation Date Title Appellation Date GSPR16/44 Hauanu B 1890 GS44/283 Hauanu B 1908 GS82/184 Hauanu B acres 252 acres 252 acres Title Appellation Date Title Appellation Date Title Appellation Date GSPR16/49 Orua 5C 1904 GS45/9 Orua 5C 1908 GS90/3 Orua A acres 3 roods8 perches 1497 acres 3 roods 8 perches 835 acres Title Appellation Date GSPR4A/638 Pahiitaua A1B acres 1 rood 20 perches

18 4.10 The title ownership history is discussed in the following order: (In relation to flow diagram 1) Orua 1 Lot 1 DP 9634/Part Orua 2 Lot 2 DP 9634/Part Orua 3 Orua 4 Lot 2 DP 9713, Lot 4 DP 9634/Part Makarika 1 Lots 6-7 DP 9634/ Part Makarika B Lots 8-9 DP 9634/ Part Makarika C GS80/89 (Orua 1, Lot 1DP 9634, Lot 2 DP 9634, Orua 4, Lot 2 DP 9713, Lots 6-7 DP 9634, Lots 8-9 DP 9634) Sections Block VI Mata Survey District Makarika A2/Makarika D GS5B/966 (Orua 1, Lot 1DP 9634, Lot 2 DP 9634, Orua 4, Lot 2 DP 9713, Lots 6-7 DP 9634, Lots 8-9 DP 9634, Sections 18-19) (In relation to flow diagram 2) Hauanu A Orua 5A Orua 5B GS80/88 (Hauanu A, Orua 5A, Orua 5B) Hauanu B Orua A/Orua 5C GS133/44 (Hauanu A, Hauanu B, Orua A, Orua 5A, Orua 5B) 15

19 In relation to flow diagram 1 Orua On 2 September 1885, the Orua block was partitioned. Orua 1, amounting to 501 acres, was awarded to Ropata Wahawaha and Provisional Register 11/52, Gisborne, was issued in his favour. In 1892, the land was transferred to William Somerville, a sheep farmer, and Certificate of Title 29/297, Gisborne, was issued. Then in 1896, Orua 1 was transferred from William Somerville to Arthur Somerville. In 1928, Geoffrey Cotterill acquired the land from Arthur Somerville and a new title (80/89, Gisborne) was issued. See the entry for GS80/89 below for the rest of the history of this land block. 7 Lot 1 DP 9634 formerly known as Part Orua On 19 August 1901, title to Orua 2 (amounting to 32 acres, 1 rood and 16 perches) was awarded to Tuta Nihoniho and Provisional Register 53/15, Gisborne, was issued in his favour. In 1903, the land was transferred to Thomas Sherwood, a Station Manager, and a new title (39/261, Gisborne) was issued. Later that year, the land was transferred from Sherwood to Ellen Somerville. In 1928, Geoffrey Cotterill acquired the land from Somerville and a new title (80/89, Gisborne) was issued. See the entry for GS80/89 below for the rest of the history of the Orua 2 block. 8 Lot 2 DP 9634 formerly known as Part Orua On 19 August 1901, the Orua 3 block (amounting to 23 acres and 17 perches) was issued to Henare Mahuika and Provisional Register 15/70, Gisborne, was issued in his favour. In 1904, Thomas Sherwood acquired the land and title 40/192, Gisborne, was issued in his name. In 1909, the land was transferred from Sherwood to Eileen Somerville. Then in 1928, Geoffrey Cotterill acquired the land from Somerville and a new title (80/89, Gisborne) was issued. See the entry for GS80/89 below for the rest of the history of the Orua 3 block. 9 Orua On 19 August 1901, the Orua 4 block (amounting to 100 acres, 1 rood and 15 perches) was awarded to Himiona Hapai, Wiremu Pokiha and Hohepa te Piri. Provisional Register 18/99, Gisborne, was issued in their favour. In 1917, a new title was issued (57/23, Gisborne) to the same proprietors. That same year, the Native Land Court ordered that 7 Land titles: GSPR11/52, GS29/297 [available from Landonline, Provisional Register supplied by LINZ] 8 Land title: GS39/261 [available from Landonline] 9 Land titles: GSPR15/70, GS40/192 [available from Landonline, Provisional Register supplied by LINZ] 16

20 Orua 4 be vested in Arthur Somerville by way of an exchange. Eleven years later, Geoffrey Cotterill acquired the land from Somerville and a new title (80/89, Gisborne) was issued. See the entry for GS80/89 below for the rest of the history of this land block. 10 Lot 2 DP 9713, Lot 4 DP 9634 formerly known as Part Makarika Title to the Makarika 1 block of 488 acres was originally awarded to Mr Harris and Provisional Register 11/55, Gisborne, was issued in his favour. In 1892, William Somerville acquired the land and a new title (29/298, Gisborne) was awarded to him. In 1896, William Somerville transferred his ownership interests to Arthur Somerville. Some years later, the Crown acquired a small part of the land for a public road. In 1928, Geoffrey Cotterill acquired the land from Arthur Somerville and a new title (80/89, Gisborne) was issued. See the entry for GS80/89 below for the rest of the history of this land block. 11 Lots 6-7 DP 9634 formerly known as Part Makarika B 4.16 On 27 September 1904, title to Makarika B (amounting to 32 acres 2 roods and 28 perches) was awarded to Tuta Nihoniho and Hemi Nohoaka (Provisional Register 15/105, Gisborne). Following the death of Nohoaka, a new title was issued (42/93, Gisborne) to Nihoniho as sole owner. In 1906, the land was transferred from Nihoniho to Thomas Sherwood and in 1909, Ellen Somerville acquired the land. Then in 1928, Geoffrey Cotterill acquired the land from Somerville and a new title (80/89, Gisborne) was issued. See the entry for GS80/89 below for the rest of the history of this land block. 12 Lots 8-9 DP 9634 formerly known as Part Makarika C 4.17 On 27 September 1904, title to Makarika C (amounting to 14 acres, 3 roods and 28 perches) was awarded to Mere Kopua and Tame Pohara. Provisional Register 16/22, Gisborne, was issued in their favour. In 1908, a new title (44/216, Gisborne) was issued to Kopua and Pohara and in 1909 a succession order was issued vesting the interests of Kopua (deceased) in Tuta Nihoniho. Three years later, the land was transferred from Pohara and Nihoniho to Marjorie Somerville. In 1928, Geoffrey Cotterill acquired the land from Somerville and a new title (80/89, Gisborne) was issued. See the entry for GS80/89 below for the rest of the history of this land block Land titles: GSPR18/99, GS57/23 [available from Landonline, Provisional Register supplied by LINZ] 11 Land title: GS29/298 [available from Landonline] 12 Land titles: GSPR15/105, GS42/93 [available from Landonline, Provisional Register supplied by LINZ] 13 Land titles: GSPR16/22, GS44/216 [available from Landonline, Provisional Register supplied by LINZ] 17

21 GS80/89 (Orua 1, Lot 1 DP 9634, Lot 2 DP 9634, Orua 4, Lot 2 DP 9713, Lots 6-7 DP 9634, Lots 8-9 DP 9634) 4.18 In 1928, Geoffrey Cotterill was awarded with title 80/89, Gisborne, for the various blocks of land which he had acquired. Small portions of the land were later taken for roading in 1932, 1951 and 1957 under the Public Works Act (2 acres and 14 roods were taken in 1932, 1 acre, 1 rood and 22.7 perches were taken in 1951 and 1 acre, 3 roods and 35 perches were taken in 1957). In 1963, Cotterill was awarded a new title (133/46, Gisborne). Over time, Geoffrey Cotterill gradually transferred his shares to Michael and Lesley Cotterill, and in 1984 title 4D/736 was issued in their names. In 1990, the Cotterill s title was combined with their title for Makarika A2, and a new title (5B/966, Gisborne) was created. See the entry for GS5B/996 below for the rest of the history of this land. 15 Sections 18, 19 Block VI Mata Survey District 4.19 These sections were created in 1983 after a road adjoining land in Makarika A2 and Makarika C was stopped. The sections became part of title 5B/966, Gisborne. See the entry for GS5B/996 below for the rest of the history of this land. 16 Makarika A2 formerly known as Makarika D 4.20 On 27 August 1885, title to Makarika D (amounting to 14 acres, 3 roods and 33 perches) was awarded to Nepia Hurikana and Hekiera Taurare (spelling uncertain). Provisional Register 16/23, Gisborne, was issued in their favour. In 1908, a new title (44/256, Gisborne) was issued to Hurikana and Taurare. Various successions and transfers of shares in the land took place over the following years and in 1934 a new title was issued (85/243, Gisborne) to a list of eight owners. All of these owners were Maori with the exception of Marjorie Porcher. In 1934, Porcher s shares were transferred to Mona Cotterill. Over the following years, Cotterill gradually acquired more shares in the land until she finally owned the whole block and in 1963 a new title (133/45, Gisborne) was issued in her name. During , Cotterill transferred some of her shares in the block to Michael and Lesley Cotterill. In 1972, title 3C/1364, Gisborne, was issued to both Michael and Lesley Cotterill. In 1984, a new title (4D/735) was issued to the Cotterills. In 1990 this title was combined 14 Land title: GS80/89 [available from Landonline] 15 Land titles: GS80/89, GS133/46, GS4D/736 [available from Landonline] 16 Land title: GS5B.966 [available from Landonline] 18

22 with the Cotterill s other land holdings under a single new title: 5B/996, Gisborne. See the entry for GS5B/996 below for the rest of the history of this land. 17 GS5B/966 (Orua 1, Lot 1DP 9634, Lot 2 DP 9634, Orua 4, Lot 2 DP 9713, Lots 6-7 DP 9634, Lots 8-9 DP 9634, Sections 18-19) 4.21 Title 5B/966, Gisborne, was issued to Michael and Lesley Cotterill in Nine years later, a new title (6C/1124, Gisborne) was issued in their favour. In 2000, Frederick Oosten and Susan Percy acquired the land. Lot 2 DP 9713 is held by Oosten and Percy under title 6C/1384, Gisborne, and the rest of the land is held under title 6C/1385, Gisborne. 18 In relation to flow diagram 2 Hauanu A 4.22 On 16 September 1890, the Native Land Court awarded Hauanu A (970 acres) to Tuta Nihoniho. Provisional Register 11/95, Gisborne, was issued to Nihoniho as proof of his ownership. The Provisional Register records that Nihoniho became bankrupt on 13 March 1891 and so the land was transferred to the Official Assignee on Bankruptcy. The land was then transferred to James Matthews of Hampden, Storekeeper (title 30/211, Gisborne). In 1899, the land was transferred from Matthews to Arthur Somerville. In 1928, the land was transferred from Somerville to Mona Cotterill and title 80/88, Gisborne was issued. See the entry for GS80/88 below for the rest of the ownership history of this land. 19 Orua 5A 4.23 On 19 August 1901, the Orua 5A block (71 acres) was awarded to Hemi Nohoaka and Tuta Nihoniho. Provisional Register 15/103, Gisborne, was issued in their favour. After Nohoaka passed away, a new certificate of title (42/92, Gisborne) was issued to Nihoniho as sole owner. In 1906, the land was transferred from Nihoniho to Thomas Sherwood. Then in 1909, Ellen Somerville acquired the land from Sherwood. Around 19 years later, Mona Cotterill acquired Orua 5A, Orua 5B and Hauanu A from Ellen and Arthur Somerville. For the rest of the ownership history of this block see the entry for GS80/88 below Land titles: GSPR16/23, GS44/256, GS85/243. GS133/45, GS3C/1364, GS4D/735 [available from Landonline, Provisional Register supplied by LINZ] 18 Land titles: GS5B/966, GS6C/1124, GS6C/1384, GS6C/1385 [available from Landonline] 19 Land titles: GSPR11/95, GS30/211. [available from Landonline, Provisional Register supplied by LINZ] 20 Land titles: GSPR15/103, GS42/92 [available from Landonline, Provisional Register supplied by LINZ] 19

23 Orua 5B 4.24 On 19 August 1901, Orua 5B (252 acres) was awarded to Tamati Marutu and Kerenapu Tikikimo. Provisional Register 15/104, Gisborne, was issued in their favour. A new title (45/89, Gisborne) was issued in 1908 to the same owners. One year later the land was transferred to Thomas Sherwood. In 1912, the land was transferred from Sherwood to Arthur Somerville. In 1928, Mona Cotterill acquired the land from Somerville and title 80/88, Gisborne was issued. For the rest of the ownership history of this block see the entry for GS80/88 below. 21 GS80/88 (Hauanu A, Orua 5A, Orua 5B) 4.25 On 10 February 1928, Mona Cotterill acquired Hauanu A, Orua 5A, and Orua 5B from Arthur and Ellen Somerville. In 1963, Cotterill acquired two other blocks of land, Hauanu B and Orua A, resulting in the issue of a new title (133/44, Gisborne). For the rest of the ownership history of this block see the entry for GS133/44 below. 22 Hauanu B 4.26 On 16 September 1890, the Native Land Court awarded Hauanu B (252 acres) to a list of 52 owners submitted by Himiona Hapai. Provisional Register 16/44, Gisborne, was issued to the names on the list. In 1907, the owners of Hauanu B submitted a petition in favour of incorporation before the Native Land Court. The Court ordered that the owners be incorporated under the name of The Proprietors of the Hauanu B Block. Certificate of Title 44/283, Gisborne, was issued in favour of the incorporated body of Maori owners. In 1930, the land was transferred to Mona Cotterill and a new title (82/184, Gisborne) was issued. In 1963, this title was consolidated with the other blocks owned by Mona Cotterill under Certificate of Title 133/44, Gisborne. For the rest of the ownership history of this block see the entry for GS133/44 below. 23 Orua A formerly known as Orua 5C 4.27 On 19 August 1901, title to Orua 5C (1497 acres, 3 roods, 8 perches) was awarded to a list of 108 owners. Provisional Register 16/49, Gisborne, was issued to the owners. In 1907, 21 Land titles: GSPR15/104, GS45/89[available from Landonline, Provisional Register supplied by LINZ] 22 Land title: GS80/88 [available from Landonline] 20

24 the owners of Orua 5C submitted a petition in favour of incorporation before the Native Land Court. The Court ordered that the owners would be incorporated under the name of The Proprietors of the Orua 5C Block. Certificate of title 45/9, Gisborne, was awarded to the incorporated body in In 1926, just over 662 acres of this block became consolidated with another block and changed appellation name to Pahiitaua A1B (Provisional Register 4A/638, Gisborne). In 1939, the rest of the land was transferred to Mona Cotterill. Certificate of Title 90/3, Gisborne, was issued to Cotterill. In 1963 this title was consolidated with the other blocks owned by Cotterill under Certificate of Title: 133/44, Gisborne. For the rest of the ownership history of this block see the entry for GS133/44 below. 24 GS133/44 (Hauanu A, Hauanu B, Orua A, Orua 5A, Orua 5B) 4.28 GS133/44, Gisborne, was awarded to Mona Cotterill for ownership over Hauanu A, Hauanu B, Orua A, Orua 5A, and Orua 5B, together amounting to 2,164 acres. Over time, Cotterill s shares in the land were gradually transferred to Michael Cotterill and his wife, Lesley Cotterill, and they became effective owners of the land by In 2000, Frederick Oosten and Susan Percy acquired the land from the Cotterills. GS133/44 is still a live title Land titles: GSPR16/44, GS44/283, GS82/184 [available from Landonline, Provisional Register supplied by LINZ] 24 Land titles: GSPR16/49, GS45/9, GS90/3, GSPR4A/638 [available from Landonline, Provisional Register supplied by LINZ] 25 Land title: GS133/44 [available from Landonline] 21

25 5 From Maori to non-maori ownership 5.1 This section examines: the original Maori owners of the lands now known as Makarika Station and their affiliated hapu; and how the lands went from Maori to non-maori ownership. 5.2 Like the section above, this section is divided according to the different land blocks which now make up Makarika Station, but in alphabetical order. There are also sub-headings for the three primary blocks : Hauanu, Makarika and Orua, under which there is a discussion of the title award. 26 In the examination of the transfer of land from Maori to non-maori ownership below, there is also discussion of relevant Crown legislation and whether it has been complied with. The alienations of the land blocks which now make up Makarika Station were almost all effected by private sale in the period between 1885 and 1938 (see the table below). In the early 1920s some of the blocks became subject to the Tuparoa Consolidation Scheme and the impact of the scheme is discussed more fully in Section six. 5.3 The transfer of land from Maori to non-maori ownership is commonly referred to in research reports as an alienation. There are many methods for determining when an alienation has occurred, but for the purpose of this report the method was to assess several factors relating to a change in land ownership. These factors were: the name/s of the new owner/s; information about the identity of owners contained in certificates of title and Maori land court files; the subsequent legislation used in dealing with the land block under the new owner; and when the land block was transferred out of the jurisdiction of the Maori land court. 5.4 Reliance was never placed on just one of these factors, but all were considered when making a decision about whether land could still be classified as Maori land. Obviously, sometimes the factors do not point to the same answer, in which case a decision was made bearing in mind the weight of the different factors. In the case of Makarika Station, the number of European purchasers is relatively small, so it has been possible to check a wide range of sources before confirming if an alienation occurred. 22

26 Table 1: The alienation of Maori land in the area now covered by Makarika Station Appellation Alienation type Purchaser Date Makarika 1 Private sale Mr Harris 1885 Orua 1 Private sale William Somerville 1891 Hauanu A Private sale James Matthews 1892 Orua 2 Private sale Thomas Sherwood 1903 Orua 3 Private sale Thomas Sherwood 1904 Orua 5A Private sale Thomas Sherwood 1906 Makarika B Private sale Thomas Sherwood 1906 Orua 5B Private sale Thomas Sherwood 1908 Makarika C Private sale Marjorie Somerville 1912 Orua 4 Exchange Arthur Somerville 1917 Makarika D Private sales Mona Cotterill Hauanu B Private sale Mona Cotterill 1930 Part Orua 5C Private sale Mona Cotterill 1938 Hauanu 5.5 On 15 April 1876, the 1,087-arce Hauanu block was first brought before the Native Land Court for investigation of title; however, the hearing was adjourned twice due to confusion surrounding the survey of the land. 27 The claim was finally brought before the Court on 17 February Tuta Nihoniho, who claimed through Ngati Moehau of Ngati Porou, opened the case, laying claim to the land through conquest of Tamokainui. 29 (Tuta Nihoniho, also known as Matutaera Nihoniho, is a prominent figure in East Coast history and fought on the side of Government supporters during the East Coast wars). 30 Te Raana Pakau of Te-Whanau-a-Mokopuna ana of Ngati Porou Tribe represented the counterclaimants. Te Raana Pakau asserted: This land belonged to my ancestor Te Atane[ ] my claim is through conquest[ ] On 5 March 1885, after hearing the evidence, the Native Land Court issued judgment that the whole of the 1087-acre Hauanu block belonged to the descendants of Ngati Moehau. The basis of the decision was summarised as follows: 26 The term primary block refers to the name given to an area of land by the Native Land Court the first time that this land was brought within a defined area for a title investigation which resulted in a title award 27 Waiapu Native Land Court Minute Book 1, start date 15 April 1876, folio 76, 249, 251; Waiapu Native Land Court Minute Book 3, start date 21 April 1877, folio , 341, Waiapu Native Land Court minute book 7b, start date of 17 February 1885, folio Waiapu Native Land Court minute book 7b, start date of 17 February 1885, folio Oliver, Steven. 'Nihoniho, Matutaera '. Dictionary of New Zealand Biography, updated 7 April 2006, viewed at: URL: [accessed 21 May 2007] 31 Waiapu Native Land Court minute book 7b, start date of 17 February 1885, folio 108; I was unable to find reference to the hapu Te Raana Pakau identified in Halbert s tribal history. His maps indicate the general Makarika area as Ngati Moehau lands. See Rongowhakaata Halbert, Horouta: A History of the Horouta Canoe, Gisborne and East Coast, Singapore, Reed Books, 1999, map 6, p414 23

27 The Court is consequently of the opinion that even if the counter claimants ever had any rights, which appears very doubtful if the history of early tenure of this land could be established, that it has become to use the native expression kua mataotao ana atu and cannot be revived. The claimants on the other hand, have advanced numerous proofs of continuous occupation, from the outset to the present time. 32 A list of owners was presented before the Native Land Court in the following year. 33 Hauanu A 5.7 Under the specifications of the Native Land Court Act and the Native Equitable Owners Act 1886, the Court investigated Hauanu title between April and September On 16 September 1890, Tuta Nihoniho was awarded first title to the Hauanu A block. Title to the Hauanu A block of 966 acres was awarded free of restrictions. The Provisional Register records that Nihoniho became bankrupt in March 1891 and the land was transferred to the Official Assignee on Bankruptcy in 1892, who then transferred it to James Matthews of Hampden, storekeeper. 34 It appears that prior to becoming bankrupt, Nihoniho had agreed to sell the land to Matthews at a sum of 800. Two payments, of 120 and 185 were paid to Nihoniho before the declaration of his bankruptcy and the balance of 495 was paid after. 35 The transfer of land to the Official Assignee was undertaken under section 137 of the Bankruptcy Act The Trust Commissioner s minute book reveals the transfer was investigated in some depth. In August 1892, the Native Land Court called several witnesses to verify the arrangement for sale prior to bankruptcy, and the adequacy of the 800 payment. 36 There was one objector to the transfer. Mr Jones, a solicitor for Nihoniho s creditors, challenged the sale on the grounds that he had no knowledge of Nihoniho s agreement with Matthews. He also believed the land should be sold for at least 1000, a price closer to the amount owed by Nihoniho. 37 However, Trust Commissioner James Booth deemed the transfer valid, stating on the Memorandum of Transfer dated 3 October 1892: I have made due inquiry with respect to the within Transfer and am satisfied that the alienation intended to be hereby effected is not invalid according to the true intent and meaning of the said act [Native Lands Frauds Prevention Act 1881] and amendments thereto, that the consideration purporting to be paid under the said Transfer has been paid, that the native interested in the land comprised in or dealt with by the said 32 Waiapu Native Land Court minute book 7b, start date of 17 February 1885, folio Waiapu Native Land Court minute book 7b, start date of 17 February 1885, folio

28 Transfer has sufficient land left for his occupation and support and that the said Transfer is executed with the formalities prescribed by law Under the Native Lands Frauds Prevention Act 1881, a Trust Commissioner had to be satisfied that a Maori with interests in land being alienated had sufficient lands elsewhere and that Native debtors had sufficient land for their maintenance. Under section 4 of the Native Land Act 1888, Nihoniho was entitled to alienate the land (subject to the provisions of the Native Frauds Prevention Act, 1881 and the Native Lands Frauds Prevention Act 1881 Amendment Act 1888) The circumstances surrounding Nihoniho s bankruptcy remain unclear. It is known that he had landholdings elsewhere and had already entered the sale agreement when the bankruptcy was declared. There is a reference to some correspondence regarding Nihoniho s bankruptcy in the Maori Affairs Inwards Correspondence Register for 1892, but, the letters are now missing. 39 There are also two Gazette notices in 1895 which give notice of an inquiry into claims made by James Matthews that he leased shares in the Orua and Makarika blocks prior to the Native Land Court Act Hauanu B 5.11 On September , Hauanu B was awarded to a list of 52 Maori owners submitted by Himiona Hapai. Hapai stated his hapu as Ngati Moehau. Under section 8 of the Native Equitable Owners Act 1886, the Native Land Court issued the title to Hauanu B with the restriction that the land could not be alienated by sale or by any mortgage or lease of duration longer than 21 years. 41 Under Section 122 of the Native Land Court Act 1894 and amendments, the Maori owners of Hauanu B successfully petitioned to become an incorporated body in 1907 and a committee of five owners was appointed to administer the 34 Land title: GSPR11/95 [supplied by LINZ], Document bank p3 35 Transfer 7732 Gisborne [supplied by LINZ], Document bank p8 36 Gisborne Trust Commissioners minute books 8, start date of 15 August 1892, folio Gisborne Trust Commissioners minute books 8, start date of 15 August 1892, folio 272, Transfer 7732 Gisborne [supplied by LINZ], Document bank p8 39 The references are: MA 1 92/557 and (former paper) MA-MLP 1 91/ Notices of inquiry under section 118 of the Native Land Court Act 1894, 13 February 1895, New Zealand Gazette, 1895, no 13, p361, document bank p Land title: GSPR16/44 [supplied by LINZ], document bank p14 25

29 land. 42 In 1907, the owners arranged to lease the land to Harold Somerville for three shillings per acre for the maximum allowed period of 21 years In 1918, the Hauanu B block was under negotiation for sale. At a meeting of the assembled owners in March, a resolution was passed that the land would be transferred to Majorie Porcher of Wender House, Well, Somerset, England in exchange for land interests in the Ahiateatua block (no money was to pass hands). The Court hearing of this alienation application was delayed and, for whatever reason, the exchange appears not have taken place. 44 In 1923, Hauanu B became part of the Tuparoa Consolidation Scheme and the land was effectively restricted from sale. Under section 132 of the Native Land Act 1909, the restriction order on alienation for a block in a consolidation scheme could last for a period of 12 months, but could then be renewed. In the case of Hauanu B, the restriction was renewed five times until 1928, when it was revoked by an Order in Council In 1927, Hauanu B was subject to a consolidation order which transferred some of the interests of owners in the Ahiateatua B block (which was also part of the Tuparoa Consolidation Scheme) into Hauanu B. 46 Operating within the Tuparoa Consolidation Scheme, the Ahiateatua B block was effectively being dissolved and the ownership interests therein, strategically transferred to surrounding blocks. In 1929, there was an exchange of interests between Hauanu B and Makarika A6. Eleven of the owners in Hauanu B transferred their shares into Makarika A6 and 23 owners in Makarika A6 transferred their shares into Hauanu B Finally, in 1930 Hauanu B was sold to Mona Cotterill. At a meeting of eight owners a resolution was carried to sell the land at a price of 1512 (six pounds per acre) and the Tairawhiti District Maori Land Board approved the alienation. 48 In 1928, the Crown had 42 Petition for Incorporation by the owners of Hauanu B, 1 February 1907, New Zealand Gazette, 1907, no 17, p717, document bank p 335; Hauanu B Block files, appointment of a committee, 8 April 1907, Gisborne Maori Land Court, document bank p40 43 Land title: GS44/283 [available on Landonline], document bank p20; Data Series Tuparoa Consolidation Series, Box 16, Hauanu B, particulars of title of owners, Gisborne Maori Land Court, document bank p Hauanu B Board files, resolution of the assembled owners, 11 March 1918; Hauanu B Board files, declaration of proposed alienation by Marjorie Porcher, 9 January 1918, Gisborne Maori Land Court, document bank pp Land title: GS44/283 [available on Landonline], document bank p20 46 Consolidation Order 2988 Gisborne [supplied by LINZ], document bank p23 47 Consolidation Order 2988 Gisborne [supplied by LINZ], document bank p23 48 Transfer Gisborne [supplied by LINZ], document bank p33; Hauanu B board files: resolution of the assembled owners, report of the board representative, 19 December 1928; minutes of a meeting of the assembled owners, 19 December 1928; resolution of assembled owners, 19 December 1928, Gisborne Maori Land Court, document bank pp

30 valued the land at Under section 6 of the Native Land Amendment and Native Land Claims Adjustment Act 1927, land with more than ten owners could be alienated only with the consent of the Maori land board, or by resolution of assembled owners, or with the consent of the Governor-General in Council The alienation of Hauanu B was determined by the resolution of 8 assembled owners. Two of these owners did not want to sell and signed a Memorial of Dissent from Resolution of Assembled Owners. 50 (One of the two dissidents claimed to be representing three other owners). At the time the resolution was made, I estimate the total number of owners of Hauanu B at between people. 51 Under section 342 (5) of the Native Land Act 1909, at least five owners present or represented at a meeting were a quorum. Makarika 5.16 Following an investigation of title, on 15 April 1876 the Native Land Court ordered that a Memorial of Ownership for the 1333 acre Makarika block be drawn up in favour of the 299 names supplied by Tuta Nihoniho and Hare Parahako. 52 The claim was uncontested. In the court hearing for the Hauanu block, Nihoniho stated his hapu as Ngati Kapohanga and Ngati Moehau. 53 In relation to a court hearing for the Tuakau block, Parahako stated his hapu as Whanau-a-Ruataupare The first partition of Makarika was awarded in It is, therefore, hard to reconcile this with a deed dated 26 February 1890, which states that Tuta Nihoniho mortgaged three blocks of land Makarika, Taoroa and Ahiateatua - to William Somerville for the sum of The consequent details of the transaction are unknown; however, it appears that the mortgage was not successfully concluded. Between November 1896 and January 1899, Arthur Somerville brought the mortgage before the Validation Court in an attempt to have it ratified. 56 In January 1899, the matter was settled through voluntary agreement. The 49 Hauanu B Board files, Valuation of Hauanu B land, Form No.V. 6A., Gisborne Maori Land Court, document bank p56 50 Hauanu B Board files, memorial of dissent from resolution of assembled owners, 19 December 1928, Gisborne Maori Land Court, document bank p61 51 Estimate based on number of owners listed in Consolidation Order 2988 and then the extra number of owners added in the Order of Exchange. 52 Waiapu Native Land Court minute book 1, start date of 15 April 1876, folio , ; Memorial of Ownership 3/247, Memorial of Ownership volume 3, Gisborne Maori Land Court 53 Waiapu Native Land Court minute book 7B, start date of 17 February 1885, folio Waiapu Native Land Court minute book 1, start date of 17 April 1876, folio Mortgage Deed, Tuta Nihoniho to William Somerville, February 1890 (found in a bound group of documents labelled: No. 70 Makarika, Taoroa, Ahioteatua, Gisborne Maori Land Court, document bank p Tairawhiti District Validation Court minute book no. 6, 20 November 1896, folio45, 61-64, , , ; Tairawhiti District Validation Court minute book no. 7, 20 January 1899, folio14-15,

31 arrangement stipulated that Nihoniho partition his interests in Taoroa block (amounting to 100 acres known as Taoroa No. 2A) and vest them in Arthur Somerville, who in turn would make payment of 450 less 217 s10 principal and interest The Validation Court was established under the 1892 Native Land (validation of titles) Act, and functioned until The Act empowered judges of the Native Land Court to reinvestigate disputed titles in order to grant new certificates of title where the stipulations of the Act were met. 59 The purpose of the Court was to validate the large amounts of purchases where title had become legally ambiguous, often due to European attempts to circumvent land legislation established to protect Maori interests There is evidence of further complications regarding lease arrangements over the Makarika block. In 1891, the Native Land Court held a hearing relating to the partitions and leasing arrangements for Ahiateatua, Makarika and Orua. Tuta Nihoniho had applied for a rehearing of the subdivisions because of thoughts we had suffered. However, upon commencement of the hearing he stated that myself and hapus have agreed amongst ourselves: we now see it would be a great burden to us to bring the cases before the Court because of the heavy fees. Nihoniho then asked that the Court confirm the previous subdivisions. Mr Harris, appearing on behalf of Herewaka Porata, stated that the lands allotted to her were not satisfactory, but he did not think it would be right to fight against all the others Following the settlement of partition issues, the Court then heard evidence relating to leasing arrangements. Tuta Tamati stated that when Makarika, Ahiateatua and Orua were first leased to Mr Somerville, two receivers of the rent were appointed. When these receivers died, Nihoniho and Renata Hape were appointed. However, Tamati claimed he had nothing to do with the appointments and had never received any rent money. Tamati asked that a lease order be produced. In response, Nihoniho stated that it was hard to produce accounts for the rent for each owner because the money for each was so small, 57 Tairawhiti District Validation Court minute book no. 7, 20 January 1899, folio Bryan Gilling, The Validation Court, : An Overview and Summary as to the Issues, Commission by Counsel for the Claimants in Wai 129, August 2000, p13 59 Bryan Gilling, The Validation Court, : An Overview and Summary as to the Issues, Commission by Counsel for the Claimants in Wai 129, August 2000, p13 60 Bryan Gilling, The Validation Court, : An Overview and Summary as to the Issues, Commission by Counsel for the Claimants in Wai 129, August 2000, p5,13 61 Waiapu Native Land Court minute book 13, start date of 23 July 1885, folio

32 but he agreed with Tamati s application for a lease order. Mr Somerville agreed to provide the lease and the Court was satisfied On 11 February 1891, the Native Land Court hearing on leasing arrangements continued. Lists of lessors and their approximate landholdings were prepared, so that the amounts due to each owner could be calculated. In the case of Makarika and Ahiateatua, Nihoniho stated that he never received rent money, which he claimed was accumulated by the lessee and then used to buy the shares of those who wished to sell. The claim was rejected by Mr Harris and Nihoniho later withdrew his claim, stating that what he said about the lease money being used as purchase money must be wrong as it is not in the books of the Court[ ] I hope the Court will not be angry for what has been said. 63 Eventually, the lists of lessors were confirmed and the Court considered the matter resolved. Makarika 1/ Lot 2 DP 9713, Lot 4 DP In 1885, Mr Harris appeared in the Native Land Court on behalf of a group of alleged purchasers and asked that 488 acres of Makarika be partitioned out and awarded to him. Mr Harris claimed to have purchased the interests of three owners amounting to a total of 111 ½ interests which was the equivalent of 488 acres. The Native Land Court minutes make reference to Mr Harris reading a deed, which potentially was a deed of sale. Nepia Hurikara stated that he knew all that had signed the deed had received the consideration, that they had other lands, and were satisfied with the sale. 64 Under the Native Lands Frauds Prevention Act 1870 (section 5), the Trust Commissioner was responsible for reviewing alienation transactions and ensuring that the Maori alienating land had sufficient lands elsewhere On 27 August 1885, the Native Land Court made an order that: a Crown Grant issued in favour of the persons who have not sold their interests names at page [no page number entered] for Makarika Station containing 813 acres 0 roods 28 perches in such proportions as may be decided upon in lists being prepared by people representing owners [ ] and an allotment made in favour of the persons who have sold their interests for Makarika No. 1 containing 488 acres Under the Native Land Act 1873 (section 65), a sale could occur even if not all owners consented to the sale, but only if the Native Land Court found that the majority of owners 62 Waiapu Native Land Court minute book 13, start date of 23 July 1885, folio Waiapu Native Land Court minute book 13, start date of 23 July 1885, folio Waiapu Native Land Court minute book 9B, start date of 23 July 1885, folio247 29

33 consented to a subdivision of the land, to partition the interests of sellers from non-sellers. The Memorial of Ownership for Makarika contained a list of 299 owners The Native Land Court minute book records that just prior to the partition award to Mr Harris, the Court had declared the following: the cases of Taoroa and Makarika would be adjourned until Monday next in order that the parties could meet at Te Ruawiaho [spelling unclear] and come to some definite plan of operations. Case adjourned accordingly to enable Honi Heki and Ruata Hapi to consult with Tuta Nihoniho. Mr Harris also indicated his intention of visiting Nihoniho. When the hearing resumed later that same day, the minute book records Mr Harris and natives returned into Court and stated that an arrangement had been made [ ] There are several uncertainties regarding the sale of Makarika 1, namely, did the majority of owners consent to a subdivision of the land? Unfortunately, there appears to be no documentation of the meeting at which the arrangement was made. It seems that some owners, such as Nihoniho, were speaking on behalf of other owners, but how informed the owners were about events and the degree of their consent remains unclear. I have been unable to uncover any evidence that clearly shows whether the majority of owners consented to the partition. Makarika B/ Lots 6-7 DP On 27 September 1904, title to Makarika B was awarded to Tuta Nihoniho and Hemi Nohoaka.68 In January 1906, Nihoniho became sole owner of Makarika B and another block, Orua 5A, after the co-owner, Nohoaka, passed away. An Order in Council was issued, releasing both Makarika B and Orua 5A from restrictions on alienation.69 Under the Maori Land Laws Amendment Act 1903, upon a recommendation of a council the governor could remove a restriction on alienation (section 14). The rest of the alienation history of this block is identical to that of Orua 5A In January 1906, Nihoniho sold Orua 5A and Makarika B to Thomas Sherwood for the sum total of 774 2s 6p. In February 1906, the land was officially transferred from Nihoniho to Thomas Sherwood, a Makarika sheep farmer through a Memorandum of 65 Waiapu Native Land Court minute book 9B, start date of 23 July 1885, folio Memorial of Ownership 3/247, Memorial of Ownership volume 3, Gisborne Maori Land Court 67 Waiapu Native Land Court minute book 9B, start date of 23 July 1885, folio

34 Transfer. Robert Noble Jones, a judge of the Native Land Court, issued a statement that I have satisfied myself that the alienation thereby effected is in accordance with law Under the Maori Land Administration Amendment Act 1901, an alienation had to be accompanied by either a papakainga (inalienable reserve) certificate issued to the alienating Maori or a certificate by a Native Land Court judge confirming that the alienating Maori had sufficient land elsewhere (sections 5 and 7). Being a sole owner of land with the restrictions on the title removed, there were no further legal obstacles to Nihoniho selling the land. Makarika C /Lots 8-9 DP On 27 August 1885, title to Makarika C was awarded to Mere Kopua and Tame Pohara. 71 The land was restricted from alienation by sale. In 1908, Kopua passed away and Tuta Nihoniho acquired Kopua s interests through succession. A note on the title entered in 1908 records that Nihoniho and Pohara leased the land to Sophia Sherwood (although it appears the lease actually began in 1907) and in 1912, the lease was transferred to Arthur Somerville. In 1909, the restriction on alienation was removed by section 207 of the Native Land Act. 72 Section 207 of the Act stated that all existing restrictions on alienation on Maori land were removed and Maori owners could dispose of their land in the same way as Europeans Makarika C was alienated on 25 January 1912, when the land was transferred from Pohara and Nihoniho to Marjorie Somerville under a Memorandum of Transfer. According to the transfer document Pohara and Nihoniho sold the land for a total of around 280. Nihoniho received 93 6s 8d and Pohara received s 4d. Both Nihoniho and Pohaara appear to have signed the Memorandum of Transfer and a statement was issued by the Tairawhiti Maori Land Board that appears to approve the alienation (unfortunately the text is smudged and extremely difficult to read) Land title: GSPR15/105 [supplied by LINZ], document bank p Land title: GS42/93 [available on Landonline], document bank p Transfer Gisborne [supplied by LINZ], document bank p Land title: GSPR16/22 [supplied by LINZ], document bank p Land title: GS44/216 [available on Landonline], document bank p254 31

35 Makarika D/Makarika A On 27 August 1885, title to Makarika D was awarded to Nepia Hurikara and Hekiera Taurare subject to the restriction that the land was inalienable by sale. 74 A note on the title indicates that in 1907 a lease was entered into for a period of 21 years with Sophia Sherwood and in 1912 the lease was transferred to Ellen Somerville. 75 In 1909, the restriction on alienation was removed by section 207 of the Native Land Act. In , Marjorie Porcher was the first non-maori to acquire interests in the block when she purchased the shares of Mate Tahaora, Tuta Ngangira and Katerina Haranga for 29 9s to each owner In 1923, Makarika D became part of the Tuparoa Consolidation Scheme and the block became once again effectively restricted from alienations, until 1928, when the restrictions were revoked by an Order in Council. Over time, the owners of the block gradually changed due to various deaths and the successions of shares. Around 1934, Marjorie Porcher sold her shares, which amounted to approximately a third of shares in the block, to Mona Cotterill. 77 In 1935, Cotterill acquired the shares of another three owners for which she paid 11 to each owner. 78 Cotterill now owned half of the total shares in the block. In 1938, Cotterill acquired the shares of two more owners for the consideration of 11 respectively. 79 Cotterill became the sole owner of the block and a new title was issued in her favour in All of the Memoranda of Transfers confirming the alienation of Maori owners shares in Makarika D are accompanied by statements from the Native Land Court to the effect that that the sales were in accordance with the law. Under sections of the Native Land Act 1909 all alienations required confirmation by a Maori Land Board or the Native Land Court and later, under section 3 of the Native Land Amendment Act, all alienations required confirmation by the Native Land Court. 73 Transfer Gisborne [supplied by LINZ], document bank p Land title: GSPR16/23 [supplied by LINZ], document bank p Land title: GS44/256 [available on Landonline], document bank p Land title: GS44/256 [available on Landonline], document bank p263; Transfer Gisborne [supplied by LINZ], document bank p Land title: GS85/243 [available on Landonline], document bank p Transfer Gisborne [supplied by LINZ], document bank p Transfer Gisborne [supplied by LINZ], document bank p Land title: GS133/45 [available on Landonline] 32

36 Orua 5.35 After conducting a title investigation, on 25 April 1876, the Native Land Court concluded that the whole of the 2350-acre Orua belonged to Meiha (Major) Ropata Wahawaha and a list of 118 named owners. The claim was not contested and a Memorial of Ownership was issued. Wahawaha stated his hapu as Whanau-a-Rakairoa of Ngati Porou. 81 Orua On 2 September 1885, Orua 1 was awarded to Ropata Wahawaha as sole owner. The title was issued free from any restrictions on alienation. 82 In 1891, Ropata Wahawaha sold the land to William Somerville for the sum of 159. Following receipt of the money, a Memorandum of Transfer was drawn up in favour of Somerville. 83 On 13 April 1891, the Gisborne Trust Commissioner investigated the transfer, hearing the witness Edward Harris to ascertain the validity of the sale. 84 After the hearing, Trust Commissioner Booth issued a statement on the Memorandum of Transfer: [ ] the Native interested in the land comprised in or dealt with by the said Memorandum of Transfer has sufficient land left for his occupation and support; and that the said Memorandum of Transfer is executed with the formalities prescribed by law with respect to the execution of deeds by Natives Under the Native Lands Frauds Prevention Act 1881 (section 6), a Trust Commissioner had to be satisfied that at Maori with interests in land being alienated had sufficient lands elsewhere. Orua 1, being under sole ownership, was not subject to any further legislative restrictions on alienation. Orua 2/Lot 1 DP On 19 August 1901, Orua 2 was awarded to Tuta Nihoniho with no restrictions on alienation. In 1903, Thomas Sherwood acquired the land for 210. A Memorandum of Transfer was drawn up and James Batham, a judge of the Native Land Court, issued the following statement: Under the provisions of The Native Land Court Act after due investigation and inquiry in open court and the court being satisfied that the alienation by Tuta Nihoniho 81 Waiapu Native Land Court minute book 1, start date of 25 April 1876, folio , ; Memorial of Ownership 3/244, Memorial of Ownership volume 3, Gisborne Maori Land Court 82 Land title GSPR11/52 [supplied by LINZ], document bank p71 83 Transfer 7511 Gisborne [supplied by LINZ], document bank p76 84 Gisborne Trust Commissioners minute book 7, start date of 13 April 1891, folio Transfer 7511 Gisborne [supplied by LINZ], document bank p76 33

37 purporting to be effected by the within deed has been effected in all respects in accordance with the said act. It is hereby ordered that the said alienation be, and the same is hereby confirmed Under the Maori Land Administration Amendment Act 1901, an alienation had to be accompanied by either a papakainga (inalienable reserve) certificate issued to the alienating Maori or a certificate by a Native Land Court judge confirming that the alienating Maori had sufficient land elsewhere (sections 5 and 7). Being a sole owner of land with no restrictions placed on the title, there were no further legal obstacles to Nihoniho selling the land. Orua 3/Lot 1 DP On 19 August 1901, the Orua 3 block was awarded to Henare Mahuika with no restrictions on alienation. 87 In 1904, Thomas Sherwood purchased the land for the sum of s. A Memorandum of Transfer was drawn up and Native Land Court Judge Robert Jones issued a statement that I have satisfied myself that the alienation hereby effected is in accordance with the law As stated above, under the Maori Land Administration Amendment Act 1901, an alienation had to be accompanied by either a papakainga (inalienable reserve) certificate issued to the alienating Maori or a certificate by a Native Land Court judge confirming that the alienating Maori had sufficient land elsewhere (sections 5 and 7). Being a sole owner of land with no restrictions placed on the title, there were no further legal obstacles to Mahuika selling the land. Orua On 19 August 1901, the Orua 4 block was awarded to Himiona Hapai, Wiremu Pokiha and Hohepa te Piri. The title held the restriction that the land was inalienable. 89 In 1909, the restriction on alienation was removed by section 207 of the Native Land Act. The interests of Wiremu Pokiha were succeeded following his death by Tuhaka Tautahi, Erena Horowai, Keepa Wharekahika Pokiha, Hemi Hukarere Pokiha and Iharaira Pokiha In November 1916, Arthur Somerville acquired Orua 4 through an Order of Exchange and in return, Himiona Hapai, Hohepa te Piri, Tuhaka Tautahi, Erena Horowai, Keepa 86 Transfer Gisborne [supplied by LINZ], document bank p85 87 Land title: GSPR15/70 [supplied by LINZ], document bank p91 88 Transfer Gisborne [supplied by LINZ], document bank p97 89 Land title: GSPR18/99 [supplied by LINZ], document bank p97 34

38 Wharekahika Pokiha, Hemi Hukarere Pokiha and Iharaira Pokiha acquired Ahiateatua 3 (amounting to 114 acres). 91 In 1923, Ahiateatua 3 became part of the Tuparoa Consolidation Scheme and was restricted from alienation for a period of four years. 92 The subsequent history of the Ahiateatua 3 block is complex and is not examined here as the block is outside the area now known as Makarika Station. However, it does appear that the land once known as Ahiateatua 3 is at least partly still owned by Maori today. 93 Orua 5A 5.44 On 19 August 1901, the Orua 5A block of 71 acres was awarded to Hemi Nohoaka and Tuta Nihoniho. The title was issued with the restriction that the land be inalienable by sale or by any mortgage or lease for a period longer than 21 years. 94 In 1906, Nihoniho became sole owner of this block and of Makarika B after the co-owner, Nohoaka, passed away. The Provisional Register records that soon after Nihoniho became sole owner, there was an Order in Council releasing the land from restrictions on alienation. Under the Maori Land Laws Amendment Act 1903, upon a recommendation of a council the Governor could remove a restriction on alienation (section 14) In January 1906, Nihoniho sold Orua 5A and Makarika B to Thomas Sherwood for the sum total of 774 2s 6p. In February 1906, the land was officially transferred from Nihoniho to Thomas Sherwood. The Memorandum of Transfer records that Native Land Court Judge Robert Jones was satisfied with the legality of the sale Under the Maori Land Administration Amendment Act 1901, an alienation had to be accompanied by either a papakainga (inalienable reserve) certificate issued to the alienating Maori or a certificate by a Native Land Court judge confirming that the alienating Maori had sufficient land elsewhere (sections 5 and 7). Being a sole owner of land with the restrictions on the title removed, there were no further legal obstacles to Nihoniho selling the land. 90 Land title: GS57/23 [available from Landonline], document bank p Land titles: GS57/23, GS29/295 [available from Landonline]; Order of Court 1463 Gisborne [supplied by LINZ]; Transfer Gisborne[supplied by LINZ], document bank pp104, 109, Land title: GS29/295 [available from Landonline] 93 Ahiateatua 3 got partitioned and merged with various other blocks. One of the new subdivisions, Ahiateatua A2A2 is currently owned by the Maori Trustee, and Ahiateatua A2A1B is owned by a large number of people, many of whom have Mäori sounding names 94 Land title: GSPR15/103 [supplied by LINZ], document bank p117 35

39 Orua 5B 5.47 On 19 August 1901, Orua 5B, amounting to 36 acres, was awarded to Tamati Marutu and Kerenapu Te Kikimo. The title was issued with the restriction that the land be inalienable by sale or by any mortgage or lease of a duration longer than 21 years. 96 In late 1908, Marutu and Te Kikimo entered into a Memorandum of Transfer to sell the land to Thomas Sherwood for the total sum of 180 (to be divided between them). The transfer was signed by both Maori owners and a statement was issued by the Tairawhiti Maori Land Board indicating that they were satisfied that the alienation was in accordance with the law and they approved and confirmed the alienation The Board s approval of the alienation was a legal requirement under section 7 of the Maori Land Laws Amendment Act However, the restrictions on alienation were still in place until January 1909, when an Order in Council was made to remove the restrictions on alienation under section 14 of the Maori Laws Amendment Act. That being done, the land was officially transferred out of Maori ownership. Orua 5C /Orua A 5.49 On 19 August 1901, title to Orua 5C, amounting to 1497 acres, 3 roods and 8 perches, was awarded to a list of 108 Maori owners. 98 The land was restricted from sale or from any lease or mortgage of a period longer than 21 years. In 1908, the owners made a successful application for incorporation before the Native Land Court. The Court ordered that the owners would be incorporated under the name of The Proprietors of the Orua 5C Block. 99 That same year, the owners arranged to lease the land to Harold Somerville for a period of 21 years In 1923, Orua 5C became part of the Tuparoa Consolidation Scheme and was restricted from all alienation for a period of one year. In 1924, the Management Committee made a successful application for a loan of 2200 from the Native Trustee for the purpose of investing the same in a Dairy Co [the Ngati Porou Dairying Company Limited] to be formed to operate in the Waiapu County. As security for the loan, the Native Trustee was 95 Transfer Gisborne [supplied by LINZ], document bank p Title: GSPR15/104 [supplied by LINZ], document bank p Transfer Gisborne [supplied by LINZ], document bank p Title: GSPR16/49 [supplied by LINZ], document bank p Petition for Incorporation by the owners of Orua 5C, 1 February 1907, New Zealand Gazette, 1907, no 17, p715, document bank p Title: GS45/9 [available on Landonline] 36

40 granted a mortgage over the incorporation s lands. 101 In 1926, a Consolidation Order was issued for a part of Orua 5C (being 662 acres 3 roods 8 perches). The order combined the ownership of Orua 5C and Pahiitaua 3 into a single block named Pahiitaua A1B. 102 In 1976, the Maori owners became an incorporated body and Pahiitaua A1B continues under incorporated Maori ownership today In July 1927, another Consolidation Order was issued vesting the interests of some of the Maori owners in the Ahiateatua B block in the remaining part of Orua 5C (835 acres). Following the consolidation of land interests the remaining part of Orua 5C was given the new appellation name of Orua A. 104 In 1928, Mona Cotterill proposed to buy Orua A. A meeting of the owners was called to discuss the proposal. There were eight owners present at the meeting with some speaking on behalf of others. Two owners indicated that they did not wish to sell and one owner said he would not sell if his shares amounted to a large land area. 105 With the majority of assembled owners in favour of a sale, a resolution was passed in 1928 that Orua 5C be sold to Cotterill for 8 per acre (a total of 6680) Under section 6 of the Native Land Amendment and Native Land Claims Adjustment Act 1927, land with more than ten owners could be alienated only with the consent of the Maori land board, or by resolution of assembled owners or with the consent of the Governor-General in Council. Under section 342 (5) of the Native Land Act 1909, at least five owners present or represented at a meeting were a quorum. At the time of the sale it appears that there were 327 Maori owners of Orua A. Of these 327 owners, just eight attended the meeting, of whom three expressed varying degrees of opposition to the proposed alienation. Of the owners who did not attend the meeting, it is not known whether they wished to sell or even if they were aware that the sale was taking place Despite the agreement being made, Cotterill was not forthcoming with the payment. On 2 February 1932, James Todd, solicitor for two of the owners, W. K. Raerena and his wife, 101 Orua board files, 12606, record 377A, minutes of a meeting of the committee of management of Orua 5C, 10 January 1924; application for loan to Tairawhiti Maori Land Board, 25 January 1924; letter from the Proprietors of the Orua 5C Block to the Tairawhiti District Maori Land Board regarding payment of loan monies, date unknown; Consenting to borrow money to the Proprietors of Orua 5C, 23 June 1924, Extract from the New Zealand Gazette, 1924, no 44, page number not known, Gisborne Maori Land Court, document bank pp Also see Title: GS45/9 [available on Landonline] 102 Land title: GSPR4A/638 [available from Landonline] 103 Land title: GS4A/674 [available from Landonline] 104 Consolidation Order 4117 Gisborne [supplied by LINZ], document bank p Orua A board files, 1207, record 874/A, minutes of meeting of assembled owners, 19 December 1928, Gisborne Maori Land Court, document bank p201 (one name has not shown up in the reproduction) 106 Orua A board files, 1207, record 874/A, confirmation of resolution passed by the assembled owners, 18 November 1929, Gisborne Maori Land Court, document bank p202 37

41 Hioria Korohina, wrote to the Registrar of the Tairawhiti Maori Land Board indicating that: W.K. Raerena is in very serious difficulties owing to the non-receipt of the purchase money, which he has been expecting for some years. 107 The Registrar replied that Cotterill did not proceed with the proposal [to purchase]. No contract of sale was completed. It is stated that Cotterill is in occupation of the land and is paying some of the owners for the grazing By May 1938, Cotterill was finally willing to complete the sale and the Tairawhiti Maori Land Board stated that it would consult the owners again to confirm if they were still willing to sell. 109 I have been unable to find a record of this meeting, but the sale was confirmed. A Memorandum of Transfer for the land dated 11 November 1938 records that the owners received 6680 in total from Cotterill Orua correspondence file, M.A. 8/3/252, letter from James Todd to the Registrar of the Tairawhiti Maori Land Board, 20 February 1932, Gisborne Maori Land Court, document bank p Orua correspondence file, M.A. 8/3/252, letter from the Registrar of the Tairawhiti Maori Land Board to James Todd, 22 February 1932, Gisborne Maori Land Court, document bank p Orua A board files, 1207, record 874/A, letter from the Registrar of the Tairawhiti Maori Land Board to D.K. Porter, 19 May 1937, document bank p Transfer Gisborne [supplied by LINZ], document bank p169 38

42 6 The Tuparoa Consolidation Scheme 6.1 Some blocks that are now part of the Makarika Station were a part of what was known as the Tuparoa Consolidation Scheme. The affected blocks were: Hauanu B, Makarika D/A2 and Orua 5C. In order to understand the effect that the Consolidation Scheme had on the ownership of these blocks, it is necessary to provide some background information on land consolidation. 6.2 There are two maps of the Tuparoa Consolidation Scheme below. The first map shows the Tuparoa Consolidation Scheme in its entirety. The second map shows the area of the Tuparoa Consolidation Scheme that covers part of the area now known as Makarika Station. In the map, Hauanu B is not shown as being part of the scheme, but it was included (possibly after this map was drawn). The map shows Makarika B as part of the consolidation scheme, but it appears to have been alienated before the scheme could take effect. Unfortunately, most of the boundary lines in the first map are difficult to view in the black and white reproduction and, if possible, it is preferable for the reader to view this map on the digital copy of this report (in which they are in colour). 39

43 Map 3: The Tuparoa Consolidation Scheme, date of map unknown Source: ABWN 6095 W record 7/601 part 1 40

44 Map 4: Part of the Tuparoa Consolidation Scheme, date of map unknown Source: ABWN 6095 W record 7/601 part Land consolidation schemes were a Crown initiative intended to help solve the problem of fragmented Maori interests in land. Consolidation Schemes were introduced largely as a result of recommendations made by the Stout-Ngata Commission and became a part of Crown Native Policy in the early twentieth century, through sections of the Native Land Act Consolidation schemes were first introduced on the East Coast and then spread to the Waikato-Maniapoto, Taitokerau and the Waiariki Maori Land Districts often as a fore-runner to Development Schemes The purpose of consolidation schemes, as stated by the Attorney-General, Dr John Findlay, was to gather in the small interests of different sections of the Maori people into the different blocks, so as to give them one block in a consolidated area. At present these scattered sections are a hindrance to settlement and a loss to the Maori people. 112 Findlay s comment reflects the double-edged nature of consolidation schemes. On one hand, the 111 S.K.L. Campbell, National Overview on Land Consolidation Schemes , Crown Forestry Rental Trust, June 1998 (Wai 1200, A62), pp1,43, NZPD, Volume 148, 1909, p1274 cited in S.K.L. Campbell, National Overview on Land Consolidation Schemes , Crown Forestry Rental Trust, June 1998 (Wai 1200, A62), p45 41

45 schemes aimed to consolidate Maori land holdings so as to make farming more practical and economic, but on the other hand the consolidation of Maori interests into substantial blocks made it more economic and convenient for the Crown and settlers to acquire Maori land. 113 In her National Overview on Consolidation Schemes , researcher S.K.L Campbell stated: Although [consolidation] schemes were promoted as way [sic] for Maori to gain a measure of economic control they actually precipitated the alienation of more Maori land, both through purchase and in lieu of other costs, for example rates and surveys liens Another Crown aim of consolidation was to find a solution to the rates problem. From the outset of the consolidation schemes in 1909, Ngata and other supporters promoted consolidation on the basis that it would improve Maori farming incomes through the creation of economic land shares. They believed increased profit would facilitate rate payments. In the context of economic recession following the First World War, local authorities became increasingly concerned over what they perceived as Maori non-payment of rates. 115 In response, a committee was established in 1924 to investigate East Coast Maori rate payments. The Committee concluded that Maori could not be held solely responsible for the rate arrears, asserting the Crown was liable for some of the due rates. 116 Importantly, however, the Committee also recommended that the consolidation schemes could be used to repay some of the rates. 117 Essentially, selected Maori land within the schemes would be sold to pay the outstanding rates. The survey costs of consolidation could also result in further alienation. In a similar system to unpaid rates, known as compromises, the Crown would accept lower survey costs in exchange for that value in land In 1908 the Stout-Ngata Commission issued an interim report on Native Lands in the Waiapu County. The Waiapu County encompassed some 705,228 acres, including the lands now known as Makarika Station. In its report, the Commission stated: 113 S.K.L. Campbell, National Overview on Land Consolidation Schemes , Crown Forestry Rental Trust, June 1998 (Wai 1200, A62), pp1,45, S.K.L. Campbell, National Overview on Land Consolidation Schemes , Crown Forestry Rental Trust, June 1998 (Wai 1200, A62), p Katherine Orr-Nimmo, The Sun of Advancement and Progress? An Overview Report on East Coast District Claims, A report commissioned by the Waitangi Tribunal, December 2000, p The inability to develop the land through lack of finance, the questionable validity of rates charged on customary Maori title (as well as various stages of transition to European title), and unsuitability of remaining Maori land for settlement were problems forwarded by the Committee. 117 Tom Bennion, Maori and Rating Law, Waitangi Tribunal Rangahaua Whanui Series, 1997, pp David Alexander, East Coast Survey Issues, A Report Commissioned by Crown Forestry Rental Trust in Association with Te Kura Takai Puni Claims Committee, 2003, pp

46 We have directed special attention in this district to the possibility of individualisation. In the various schedules of lands the titles to which have been ascertained it will be seen that a feature of these lands is the congestion of the titles. The bulk of the Maori population holds small individual interests in many different blocks. There is hardly one block which can be conveniently individualised. The experience of the people seems to have dictated, on the lands they are farming, the consolidation of the various blocks or subdivisions thereof under committees, which had a general direction and supervision of the farming operations. With the exception hereinafter referred to, individualisation of title in this district, in the sense of allocating to each owner his individual area, is hopeless and absurd, and the only chance of the land being worked is by co-operation amongst the Native owners, or by arrangements that will give to some of the owners the exclusive right to farm and occupy the tribal or hapu lands under a system of leasing. The Maoris have realised this, and have asked us, in almost all cases where their lands are to be held for Maori occupation and are of any considerable area, that they should be worked on the incorporated system The incorporated system that the Stout-Ngata Commission referred to was a management system designed to organise individuals on a land title into a corporate body which could make legal decisions and coordinate the interests of the various owners. 120 Apirana Ngata described incorporations as when: The owners of an area or contiguous areas, subsequently extended to areas not necessarily contiguous but having elements of common ownership were, with the consent of a majority in value, incorporated. A body corporate was created, which acted through a committee of management, having complete power to raise funds on the security of the land and to carry out farming operations. It was deemed to be a temporary measure to overcome the handicaps of the communal title, to organise the land resources of the community [ ] Like consolidation schemes, incorporations were another way in which Maori land interests could be grouped into more cohesive bodies. In addition to being involved in the Tuparoa consolidation scheme, Hauanu B, Makarika D/Makarika A2 and Orua 5C all became 119 Stout Ngata Commission 1908, Native Lands and Native-Land Tenure: Interim report on Native Lands in the Waiapu County, 18 January 1908, AJHR, 1908,G-i, p3 120 S.K.L. Campbell, National Overview on Land Consolidation Schemes , Crown Forestry Rental Trust, June 1998 (Wai 1200, A62), p Apirana Ngata, AJHR, 1931, G-10, p ii cited in S.K.L. Campbell, National Overview on Land Consolidation Schemes , Crown Forestry Rental Trust, June 1998 (Wai 1200, A62), pp

47 incorporated bodies prior to alienation. In a letter to the Native Minister, James Carroll, following their investigations, the Commission reported the following: During our investigations into the position of lands in the Waiapu County the Native owners of certain large areas, now held under lease to Europeans and known as the Waipiro and Tuparoa leaseholds, made strong representations to us to recommend a system of exchanges whereby the interests of families could be grouped and consolidated [ ] Though there are many different blocks, the owners, with a few exceptions, belong to the same hapu composed of a number of families, and exchanges on an equitable basis can, in our opinion, be easily arranged among them As part of the expansion of scope and number of consolidation schemes following the 1921 Urewera consolidation, in 1922 the Native Minister Joseph Coates (acting on Ngata s recommendations) applied in writing to the Native Land Court to prepare a scheme of consolidation in the Waiapu County area. Coates attached a schedule of lands to be included in the scheme, which listed Hauanu B, Makarika D/Makarika A2, and Orua 5C. 123 By 1923, the Tuparoa Consolidation Scheme effectively began and a Gazette notice was issued prohibiting all alienation of the blocks within the scheme Consolidation schemes could only be initiated by an application from the Native Minister that required approval from the Native Land Court and then final approval from the Governor (Native Land Act 1909, section 130). There appears to have been no mechanism by which Maori could reject a scheme proposal or recommend changes. 125 As discussed by S.K.L Campbell, once a scheme had been confirmed, the Native Land Court could enact Orders of Exchange for Maori land free from the restrictions imposed by section 127 of the Native Land Act Thus, according to Campbell: [ ] consolidation did not have to be for the benefit of Maori owners, Maori could become landless as a result of exchange, the interests being exchanged did not have to be approximately equal under the definition of the Act, money did not have to be paid to make an exchange equal, and most importantly the consent of Maori whom any 122 Letter from the Stout Ngata Commission to the Native Minister, James Carroll, 6 January 1908, Appendix II of the Stout Ngata Commission 1908, Native Lands and Native-Land Tenure: Interim report on Native Lands in the Waiapu County, 18 January 1908, AJHR, 1908,G-i, p Letter from Joseph Coates to the Native Land Court, 10 January 1922, MA 1 w577 Record 29/5/1 pt1 Tuparoa Consolidation, Archives New Zealand, document bank p Prohibiting all alienation of certain native Land, 17 September 1923, New Zealand Gazette, 1923, no 70, p2481, document bank p S.K.L. Campbell, National Overview on Land Consolidation Schemes , Crown Forestry Rental Trust, June 1998 (Wai 1200, A62), p43 44

48 interest to be exchanged was vested was not necessary. This provision legally allowed the Crown to implement consolidation schemes at its own discretion without providing any Maori it affected with any course of redress or appeal A letter written by the Chief Surveyor to the Under-Secretary of Lands in 1925 outlines the Government objective of the scheme: This Consolidation scheme embraces an area of roughly 9000 acres in which the Crown holds land and undivided interests amounting to about 7000 acres scattered through 10 different blocks. The object of the scheme is to consolidate the Crown and Native interests to enable the land to be worked in profitable areas. This entails a lot of work and time to bring it to a successful issue, but the Hon. A.T. Nga [Ngata] representing the Natives and who is mainly responsible for the carrying out of the scheme, now has it well in hand and I expect to have the Crown interests defined, subdivided, and the land thrown open for selection about the end of March next. The land is mostly open grass country capable of carrying about 1 ½ sheep to the acre, and will be divided into 8 or 9 sheep farms with a few town and suburban sections at Ruatoria The Tupora Consolidation Scheme affected Hauanu B, Makarika D/Makarika A2 and Orua 5C in various ways. As a result of being in the scheme, the Hauanu B and Makarika D/Makarika A2 blocks were restricted from any alienation for a period of five years between Orua 5C was restricted from all alienations for a period of one year between In addition to the alienation restrictions, both Hauanu B and Orua 5C were subject to the consolidation and exchange of interests in land involved in the scheme. Some of the Maori owners of the Ahiateatua B block merged their interests into the ownership title for Hauanu B and later some of the owners in Hauanu B exchanged their shares for shares in Makarika A6. Part of Orua 5C was amalgamated with Pahiitaua 3 and some of the Maori owners of the Ahiateatua B block merged their interests into the title for the remaining part of Orua 5C. None of the said blocks appear to have been directly alienated due to survey or rates liens during the consolidation S.K.L. Campbell, National Overview on Land Consolidation Schemes , Crown Forestry Rental Trust, June 1998 (Wai 1200, A62), p Letter from the Chief Surveyor to the Under-Secretary for Lands, 28 May 1925, ABWN 6045 w , Archives New Zealand, document bank p For a list of lands acquired by the Crown in Tuparoa see Under Secretary, Native, to Under Secretary, Lands, 10 October 1932, MÄ 1 Box /5/1 Part 2 45

49 6.13 Were the consolidations and exchanges that took place fair to Maori owners? That is a question that this report cannot answer as there are too many unknown variables (for example, the Maori owners intentions for land use, their level of consent to the consolidations/exchanges and so on). As discussed in the following section, only a small amount of evidence has been found that indicates Maori opposition to the transfer of their ownership interests. Broader issues relating to East Coast consolidation schemes are the subject of other research projects, such as S.K.L Campbell s overview of consolidation schemes S.K.L. Campbell, National Overview on Land Consolidation Schemes , Crown Forestry Rental Trust, June 1998 (Wai 1200, A62) 46

50 7 Evidence of Maori opposition 7.1 Research undertaken for this project has found scant evidence of Maori opposition regarding the alienation or transfer/consolidation of ownership interests in the Makarika Station lands. The following is a summary of the sources that were examined for evidence of Maori protest or opposition: the board, block and correspondence files for Hauanu, Makarika and Orua at the Gisborne Maori Land Court; Maori Land Claims as Recorded in the Appendices to the Journals of the House of Representatives and the Legislative Council (author unknown), Waitangi Tribunal Library; Maori Affairs inwards correspondence registers and Justice inwards correspondence registers (covering the years in which alienations, ownership exchanges or consolidations occurred); Maori Land Court minute books (relevant minutes for Hauanu, Makarika and Orua located through the Maori Land Court minute book index database); most of the minute books of the Tairawhiti Maori Land Board (see bibliography for the list); the relevant Gisborne Trust Commissioners minute books; and the minute books of the Validation Court. 7.2 From the sources above, only a few documents were located that indicate some Maori opposition to sales, and this opposition is limited to Orua 5C and Hauanu B, the only two blocks which were sold by a resolution of assembled owners. In both cases a minority of owners attended the meeting regarding a proposed sale and a minority of this sample expressed opposition to sale. The dissenting owners registered their names on Memorial of Dissent forms. There is also a letter in the board files for Orua A which states that we the descendants of Te Ao Toheriri do not wish to sell our mother s interest in Orua No.5 [presumably meaning Orua 5C/A] In the correspondence file for the Orua block, there is a letter which indicates one Maori owner s opposition to an exchange of his ownership interests that took place against his 47

51 wishes. Hare Numinumi wrote to Sir Apirana Ngata to indicate his refusal to acknowledge the exchange of his land interests from Makarika M to Orua A in I have found no further evidence of Maori opposition to land exchanges or consolidations. There are some scattered references in the Native Land Court minute books which relate to disagreements among Maori regarding leasing arrangements and complaints over delayed rent payments from European lessees. But these references are few and impart little information. 7.4 The lack of documentary evidence of Maori opposition to sale or the effects of the consolidation scheme does not, of course, necessarily mean that there was little opposition, but rather that the amount of opposition remains unknown. Furthermore, active opposition obviously required a certain level of knowledge of events, which may have not always been the case for Maori owners. There is also some evidence that owners only felt it worthwhile to register their opposition if they owned a large enough area or interest in land. For example, one of the owners of Orua A said he would resist a sale only if his shares amounted to a large land area (see para 5.51). 7.5 Some other sources that could possibly contain evidence of Maori protest were not consulted during this project. These sources include: the Ngata Papers at the Alexander Turnbull Library; the archive of the Native Affairs Committee; local newspapers; and claimant oral traditions or any documents held by claimants. 130 Orua A Board files, 1207, record 874/A, letter from descendants of Te Ao Toheriri to Mr Harvey, date unknown, Gisborne Maori Land Court, p Orua correspondence files, letter from Hare Numinumi to Sir Apirana Ngata, 25 June 1931, Gisborne Maori Land Court, pp

52 8 The role of the Native Land Court and the Tairawhiti District Maori Land Board 8.1 One of the general functions of the Native Land Court and the Tairawhiti District Maori Land Board during the period (when the lands now known as Makarika Station were alienated) was to oversee or administer the sales of Maori land. The operations of the Native Land Court and the Land Board aimed to enforce various Crown legislation that proscribed the rules and conditions under which Maori land alienations could occur. In the context of the Makarika Station lands, the Native Land Court and (after 1900) the Tairawhiti District Maori Land Board, held the responsibility of ensuring that the sales were in accordance with the law and that Maori were not left landless. 8.2 The various legislation relating to Maori land alienation and sufficiency of Maori land has already been discussed in the context of each land sale in Section five. With the possible exception of Makarika 1, the Native Land Court and the Land Board appear to have administered the sales, exchanges and consolidations of Makarika Station land as the legislation required. Unfortunately, there appears to be no way of knowing whether the Native Land Court adhered to section 65 of the Native Land Act 1873 with regard to the sale of Makarika 1. (Under section 65 a sale could occur even if not all owners consented to the sale, but only if the Native Land Court found that the majority of owners consented to a subdivision of the land). Having said that, there appears to be no way of knowing the extent to which the Land Board took into account the quantity, quality or utility of remaining lands before making their decisions. J L Hutton, who studied the Waikato- Maniapoto District Maori Land Board, noted that there was little evidence of checks on the quality of remaining land, its potential for revenue, any existing debts, and the needs of the family of the alienator In the sources examined, I found no evidence of Native Land Court survey liens leading to land alienation or serious debt for Maori owners. Nor was there any evidence of Maori disagreement, or opposition, to surveys. Given that the Native Land Court and the Tairawhiti District Maori Land Board appear to have performed their conventional functions in regard to the Makarika Station lands, it seems appropriate that any further 132 J L Hutton, The Operation of the Waikato Maniapoto District Land Board, report for the Crown Forestry Rental Trust in conjunction with the Twentieth Century Maori Land Administration Project), May 1996, pp16-17 cited in Alan Ward, National Overview, Vol II, Rangahaua Whanui Series, Waitangi Tribunal, 1997, pp

53 investigation of the operation of the Court and the Tairawhiti District Maori Land Board is best left for a broader study of these institutions in the East Coast inquiry district At the time of writing, Crown Forestry Rental Trust are commissioning research on this topic 50

54 9 Conclusion 9.1 The findings of this report indicate that the Crown or its agents acquired none of the land now known as Makarika Station, with the exception of some minor public works takings after the land had already been alienated to private agents (see paras 4.15 and 4.18). Of the thirteen blocks examined, twelve were alienated by private sale and the other was alienated through an exchange for land elsewhere. Of the private sales, eight blocks were sold by two or fewer Maori owners (six blocks were sold by a sole Maori owner), two were sold by a resolution of assembled owners, and the other two were sold by the gradual sale of shares in the land. 9.2 In the two instances where blocks were sold by a resolution of assembled owners, a minority of owners made decisions that affected all owners (as was allowed by the legislation of the time). Almost all the alienations appear to have taken place in accordance with the requirements of Crown legislation (although, there is some doubt regarding Makarika 1). The Native Land Court and the Tairawhiti District Maori Land Board seem to have performed their conventional functions in facilitating the sales of land and in conducting exchanges. Furthermore, no evidence has been found that the Native Land Court surveys were contested by Maori, or that survey liens led to land alienation. Given the lack of any specific circumstances, I recommend that further examination of the Native Land Court (including associated survey issues), and the Tairawhiti District Maori Land Board is a topic best left for a general study of their operations in the entire East Coast region Two blocks in this study became incorporated and three were part of the Tuparoa Consolidation scheme. The scheme resulted in lengthy restrictions on alienation for the Makarika D/A2 and Hauanu B blocks. Also, under the scheme, the ownership shares of Hauanu B and Orua 5C/A were consolidated and exchanged with shares in nearby blocks. The Native Land Court enacted these changes in ownership interests and Maori had no way of resisting. 9.4 In the sources examined, there is little evidence of Maori opposition to the sale or exchange of ownership of Makarika Station lands. Further research could be undertaken in this area and some sources have been suggested in para 7.5. Lastly, the issue of hapu interests in the 134 In regard to survey issues, further research is being commissioned to supplement David Alexander s: East Coast Survey Issues, A Report Commissioned by Crown Forestry Rental Trust in Association with Te Kura Takai Puni Claims Committee,

55 Makarika Station lands (see question c, para 2.1) has only been examined to the extent of identifying which hapu claimed land ownership during the Native Land Court title investigations (see paras , 5.16 and 5.35). Of the three primary blocks (Makarika, Hauanu and Orua), only title award to Hauanu was contested. However, hapu interests are a complex topic and there is plenty of scope for further research in this area Halbert Rongowhakaata s, Horouta: A History of the Horouta Canoe, Gisborne and East Coast, is a useful starting point. 52

56 9.5 Research resources: Terraview Platinum 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 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. New Zealand Gazette database A database containing searchable text of all issues of the New Zealand Gazette. Maori Land Court Minute Book Index The Maori Land Court Minute Book Index is an electronic database which provides a searchable index of all Maori/Native Land Court minute books between Unfortunately, the Maori Land Information System (MLIS) was unavailable for the duration of this project. 53

57 10 Bibliography Published material Books Bennion, Tom, Maori and Rating Law, Waitangi Tribunal Rangahaua Whanui Series, 1997 Halbert, Rongowhakaata, Horouta: A History of the Horouta Canoe, Gisborne and East Coast, Singapore, Reed Books, 1999 Shoebridge, Tim, Waitangi Tribunal bibliography, : Tribunal Reports, Research Reports and Other Publications, Waitangi Tribunal, Wellington, 2006 Ward, Allen, National Overview, Rangahaua Whanui Series, Waitangi Tribunal, 1997 Williams, David V., Te Kooti Tango Whenua : The Native Land Court , Wellington, Huia Publishers, 1999 Online resources ml#m-p New Zealand Gazette 1 February 1907, no 17, pp September 1923, no 70, p February 1895, no 13, p 361 AJHR Stout Ngata Commission 1908, Native Lands and Native-Land Tenure: Interim report on Native Lands in the Waiapu County, 18 January 1908, AJHR, 1908,G-i Unpublished material Research reports and evidence before the Waitangi Tribunal Alexander, David, East Coast Survey Issues, A Report Commissioned by Crown Forestry Rental Trust in Association with Te Kura Takai Puni Claims Committee, 2003 Berghan, Paula, Preliminary Block Research Narratives of the East Coast District , April 2003 Berghan, Paula, Document bank for Preliminary Block Research Narratives of the East Coast District [accessed on CDs provided by Crown Forestry Rental Trust] Campbell, S.K.L., National Overview on Land Consolidation Schemes , Crown Forestry Rental Trust, June 1998 (Wai 1200, A62) Gilling, Bryan, The Validation Court, : An Overview and Summary as to the Issues, Commission by Counsel for the Claimants in Wai 129, August 2000 Hayes, Robert, Evidence on the Native Land Legislation Post 1865 and the Operation of the Native Land Court in Hauraki, Crown Law Office, 17 January 2001 (Wai 1200, A86) Hutton, John L., A Ready and Quick Method The Alienation of Maori Land by Sales to the Crown and Private Individuals, , Crown Forestry Rental Trust, 3 May 1996 (Wai 1200, A59) Orr-Nimmo, Katherine, The Sun of Advancement and Progress? An Overview Report on East Coast District Claims, A report commissioned by the Waitangi Tribunal, December 2000 Archives New Zealand (Wellington office) Masters MLC w3519 box 5 Minute books of the Tairawhiti District Maori Land Board: 54

58 Tairawhiti District Maori Committee 1 Tairawhiti District Maori Land Board 2 Tairawhiti District Maori Land Board 3 Tairawhiti District Maori Land Board 4 Tairawhiti District Maori Land Board 5 Tairawhiti District Maori Land Board 6 Tairawhiti District Maori Land Board 8 Tairawhiti District Maori Land Board 10 Tairawhiti District Maori Land Board 12 Tairawhiti District Maori Land Board 14 Tairawhiti District Maori Land Board 17 MA /5/1 part 1 Tuparoa Consolidation ABWN 6095 w record 7/601 part 1 [Commissioner of Crown Land Gisborne] Tuparoa Block (includes Poroporo block) [consolidation] MA-MLP /31 Correspondence regarding Orua 5C sec 1 Native/Maori Land Court minute books Tairawhiti District Validation Court minute book 6 Tairawhiti District Validation Court minute book 7 Gisborne Trust Commissioner minute books 7 Gisborne Trust Commissioner minute books 8 Waiapu Native Land Court minute book 1 Waiapu Native Land Court minute book 3 Waiapu Native Land Court minute book 7B Waiapu Native Land Court minute book 9B Waiapu Native Land Court minute book 10 Waiapu Native Land Court minute book 11 Waiapu Native Land Court minute book 13 Waiapu Native Land Court minute book 33 Waiapu Native Land Court minute book 35 Gisborne Native Land Court minute book 11 Gisborne Native Land Court minute book 17 Gisborne Native Land Court minute book 18 Gisborne Native Land Court minute book 33 Gisborne Maori Land Court Makarika 1 Board files, record 977/A Makarika A2 Board files, record 3582/S Orua A Board files, record 874/A Orua 5C Board files, record 377/A Hauanu B Board files, record 873/A Orua Correspondence files, MA 8/3/252 Hauanu Correspondence files, MA 8/3/50 Makarika Correspondence files, MA 8/3/147 (two volumes) Hauanu Block files, 106 Orua Block files: Orua 1-5B, 656; Orua, 657; Orua 5C, 658 Mortgage Deed, Tuta Nihoniho to William Somerville, February 1890 (found in a bound group of documents labelled: No. 70 Makarika, Taoroa, Ahioteatua 55

59 Data Series, Tuparoa Consolidation Series, Box 16, Hauanu B Data Series, Tuparoa Consolidation Series, Box 16, Makarika A-M Memorial of Ownership 3/244, Memorial of Ownership volume 3 Memorial of Ownership 3/247, Memorial of Ownership volume 3 Landonline (LINZ official database) Land titles in Gisborne: PR4A/638 3C/1364 6C/1385 6C/1384 5B/966 6C/1124 4D/736 4D/735 29/298 29/297 30/211 39/261 44/283 44/216 44/216 40/192 85/243 82/184 42/93 42/92 45/89 80/89 80/88 133/46 133/45 133/44 45/9 90/3 Survey maps in Gisborne: DP 9634 DP 9713 ML 1378 ML 1482 ML 1552 ML 1556 ML 2130 ML 3450 ML 3462 ML 3521 ML 3545 ML 3704 ML 65 ML 953 ML

60 ML 99 SO 4435 SO 4435 Documents supplied by LINZ Titles (Gisborne) PR11/52 PR11/95 PR15/103 PR15/104 PR15/105 PR15/70 PR16/22 PR16/23 PR16/44 PR16/49 PR18/99 Transfers (Gisborne) Consolidation Orders (Gisborne) Order of Court 1463 (Gisborne) Historic Places Trust, Gisborne branch Gisborne District Heritage Study (for properties on Makarika Station), New Zealand Historic Places Trust files (Gisborne) Photos Alexander Turnbull Library Pictures - Source: 17. Waiapu Co. Makarika Station, Peter Hervey- Bathurst Photograph collection (PAColl-5532) Photos supplied by the Tairawhiti Museum 57

61 Appendix 1: The Commission 58

62 59

63 Appendix 2: Claim Wai

64 61

65 Gisborne District Council PO Box 747 Gisborne District Council Phone (06) Appendix 3: Gisborne District Council Valuation CUSTOMER VALUATION ENQUIRY Valuation Number: Location: A 249 MAKARIKA ROAD Legal Description: LOTS DP 9634 LOT 2 DP 9713 MAKARIKA A2 HAUANU A B ORUA 1 4 5A 5B PT A SECS BLK VI MATA SD - MAKARIKA STN Area (Ha): 1, Valuation Date: 01 Sep 2005 normal Land Value: 4,420,000 Improve Value: 488,000 Capital Value: 4,908,000 Tree Value: special Current Year's Assessed Rates: 2007: $13, Property Owners: OOSTEN, FREDRIK ALEXANDER PERCY, SUSAN June 2007

66 CUSTOMER VALUATION ENQUIRY Valuation Number: Location: Legal Description: B MAKARIKA ROAD PT ORUA A - OPEN SPACE COVENANT Area (Ha): Valuation Date: 01 Sep 2005 normal Land Value: 10,000 Improve Value: 2,000 Capital Value: 12,000 Tree Value: special Current Year's Assessed Rates: 2007: Non Rateable Property Owners: OOSTEN, FREDRIK ALEXANDER PERCY, SUSAN June 2007

67 Appendix 4: Alexander Turnbull Pictures Alexander Turnbull Library Pictures Source: 17. Waiapu Co. Makarika Station, Peter Hervey- Bathurst Photograph collection (PAColl-5532) 64

68 65

69 66

70 67

71 68

72 69

73 Appendix 5: Museum photos Photos supplies by the Tairawhiti Museum 70

74 71

75 Appendix 6: Current Certificates of Title 72

76 73

77 74

78 75

79 76

80 77

81 78