REW AREW A RIFLE RANGE

Transcription

1 A Report Commissioned by the Waitangi Tribunal for the Taranaki claim (Wai 143) concernng REW AREW A RFLE RANGE (KATERE RESERVE) by Suzanne Woodley June 1995 Any conclusions drawn or opinions expressed are those of the author

2 1 Note about the Author My name is Suzanne Woodley. completed a Bachelor of Arts majoring in sociology at Canterbury University in 1987 and am currently working part time towards a History Honours degree at Victoria University. have been working at the Waitangi Tribunal as a researcher since February Prior to this worked as a claims administrator for the Tribunal for eighteen months. have completed exploratory reports for the Tribunal on the Sewerage Rates claim (Wai 115), the Whangarae 1C claim (Wai 184), the Manaia 1C claim (Wai 148), the Manaia 1B and 2B claim (Wai 285), the Tuhua claim (Wai 158) and the Matakana sland claims (Wai 228 and 266). was commissioned by the Tribunal to produce this report and other Taranaki "ancillary" or discrete claims in August Location The Rewarewa Rifle Range is located between Bell Block and New Plymouth on the east side of the Waiwakaiho river. ts legal description is Part Katere section 161, Hua District, Block 11, Paritutu Survey District and part section 138, Hua District, Block 11, Paritutu Survey District. Prior to the area being taken for a rifle range, part Katere section 161 was a Native reserve and part section 138 was owned by the Taranaki School Commissioner. This report concerns the Native reserve; part Katere section The Claim On 7 December 1905, 79 acres, 2 roods and 10 perches of the Katere reserve, being part section 161, was taken pursuant to the Public Works Act 1905 for a rifle range. At the same time 26 acres, 3 roods and 10 perches, being section 138, block 11, Paritutu Survey District was taken for the same purpose. The entire area was then known as the Rewarewa Rifle Range. During a Taranaki hearing held 8-12 April 1991 Te Ati Awa claimant Aila Taylor gave evidence concerning the Rewarewa Rifle Range. The matter was also discussed with Tribunal Researcher Aroha Harris on a site visit held May Mr Taylor said that Ngati Te Whiti (a hapu of Te Ati Awa) "gifted" the land in 1905 to assist in the training of the armed services "who were going overseas". Mr Taylor stated that in the early 1980s the area was assessed by the then Minister of Works the Hon. Derek Quigley. The assessment was part of a nation wide assessment by the National government of all Crown land, including armed service properties, in New Zealand. Mr Taylor said that after the assessment was made of Rewarewa the land was put up for sale. Mr Taylor argues that the land should be returned to Ngati Te Whiti. Mr Taylor also spoke of the Rewarewa urupa which lies on the block and is owned by the Crown. He said the local authority concerned (the New Plymouth District Council) will not see appendix 1 for a copy of this commission 1

3 recommend its return to central government. 2 Mr Taylor added that the Katere reserve is an access point to kaimoana. 4 Pa Site The site of the Rewarewa Pa is located on the Katere Reserve. n 1878 B Wells, author of The History ojtaranaki, wrote that "the ruins of a very strong pa [Rewarewa] near the North head of the Waiwakaiho River" were still observable. He stated that the pa was:... said to have been constructed to withstand an assault of the Taranaki tribe during some intertribal quarrel and that it was garrisoned by 2000 men. A few Maori resided at this pa when some of the early settlers arrived but it has been deserted for many years. 3 n October 1906 the Taranaki Daily News reported that the Rewarewa Pa was one of the biggest the reporter had seen and that the Pa was "fairly preserved".4 5 Block History The Rewarewa Rifle Range was originally part of the Katere or Waiwakaiho Reserve which comprised 504 acres, 3 roods and 36 perches. The Katere reserve was one of 17 reserves made when the Crown acquired the Waiwakaiho block in The Katere reserve's legal description is sections 161, 162 and 163 Hua District Block Paritutu Survey District. The Crown Grant for the Katere Reserve was issued on 6 June Ownership was investigated by the Native Land Court as the reserve had been brought under its jurisdiction by an order in council dated 4 March 1887 pursuant to the Native Land Court Act Ownership was awarded to nine people: Henare te Puni (17th), Paki Tawra (17th), Hana te Puni (ll7th), Mere Renata (17th), Heremaia Paora (17th), Hante Kora (121st), Roka Eruini (121st), Materoa Eruini (121st) and Huriwaka Ranakia (17th).6 Researcher Aroha Harris has examined the certificate of title for the Katere reserve. She 2 Oral Evidence of Aila Taylor, Waitangi Tribunal D Hearing held April 1991, tape 3 B B Wells The History of Taranaki, (New Plymouth 1878) p Taranaki Daily News, 3 October 1906 For more information on this purchase see Ann Parsonson Revision of Report No A1 The Purchase of Maori Land in Taranaki , Waitangi Tribunal record of Documents, Taranaki Claim (Wai 143) document A1(a), December 1991 Aroha Harris, Title Histories of the Native Reserves made in the Bell Block, Tarurutangi, Hua, Cooke's Farm and Waiwakaiho Purchases in Taranaki , Waitangi Tribunal Record of Documents, Taranaki Claim (Wai 143), 1991, document F23 p 19 and F23 (a), p 176 Please note that some of the names may be spelt wrongly as the text is difficult to read 2

4 notes that it was issued to the Public Trustee on 2 May The certificate was issued pursuant to section 8 of the Native Reserves Act 1882 and section 3 of the West Coast Settlement Reserves Act Amendment Act t is not known why there was a delay of 17 years between the time the Crown Grant was issued and the time the certificate of title was issued to the Public Trustee. 7 Section 8 of the Native Reserves Act 1882 stated that all Native Reserves would be vested in the Public Trustee. This applied to Native Reserves made when the Crown acquired land prior to the 1860s within the territory between White Cliffs and the Waitotara River. 8 Under the West Coast Settlement Reserves Amendment Act 1902, Native Reserves such as Katere continued to be vested in the Public Trustee. However, the 1902 Act also brought all Native Reserves (including Katere) within the confiscated territory under the West Coast Settlement Reserves Act The intention of the 1902 act according to the preamble was to make the administration of all Native Reserves and West Coast Settlement Reserves within the confiscated territory "uniform". 9 Harris notes that of the 504 acres, 3 roods and 36 perches of the original Katere reserve just 32 acres, 3 roods and 14.3 perches is now Maori land. Of the almost 505 acres, 80 acres was taken for a rifle range (the subject of this report), aproximately 133 acres was acquired at various times by the Crown, 30 acres was declared general land pursuant to part 1 of the Maori Affairs Amendment Act 1967, and 224 acres was sold by the Maori Trustee to the New Plymouth Golf Club in (This is the subject of a separate report entitled Ngamotu.)lO 6 Lease Arrangements Prior to part section 161 being taken for a rifle range, the land had been leased by the Public Trustee (in whom the land was vested) to Newton King, Deborah Grace Bayley and Fred Bayley of New Plymouth. The date given on the certificate of title for the lease was 2 May The land was then subleased to George Riddell of Waitara. ll Section 138 was owned by the Taranaki School Commissioners and leased to Newton King. 12 Section 5 of the West Coast Settlement Reserves Amendment Act 1902 outlined the 7 ibid, P 21 Native Reserves Act 1882, sections 3, 4 and 8 and schedule 9 West Coast Settlement Reserves Act Aroha Harris, Title Histories of the Native Reserves made in the Bell Block, Tarurutangi, Hua, Cooke's Farm and Waiwakaiho Purchases in Taranaki , Waitangi Tribunal Record of Documents, Taranaki Claim (Wai 143), 1991, pp Certificate of Title 53/109, Land and Deeds, New Plymouth 12 Rewarewa Rifle Range Public Works file, , W , National Archives Wellington 3

5 provisions for the leasing of Native Reserves such as Katere. Reserves could be leased by the Public Trustee at his discretion with the right of perpetual renewal. Leases were for a term of 21 years and subject to all the provisions contained in the West Coast Settlement Reserves Act There is little detail on the lease arrangement for Katere on the Public Trustee files although the Public Trustee did receive a letter expressing interest in leasing the land in The Taranaki Rifle Volunteers and their need for a Rifle Range Part Katere section 161 was taken so that the Taranaki Rifle Volunteers could use the area for a rifle range. The Taranaki Rifle Volunteers were a group affiliated to the army. They had been involved in the Taranaki wars, specifically at Waireka in March They were also present at the invasion of Parihaka in 1881 and some had fought in South Africa during the Boer War of 1899 to 1902Y Between 1868 and 1904 the Taranaki Rifle Volunteers, used a number of rifle ranges which all proved unsatisfactory in some way. All were leased from European land owners including a Mr Parris.16 n February 1904 the Frankley Road Rifle Range (the rifle range used at the time by the Volunteers) was declared "unsafe" as houses had been built close by. The site was condemned and shooting at the range forbidden. A new site close to New Plymouth was thus sought. Three possible sites, each one including either Katere, the education reserve (section 138) or both, were proposed. Range A avoided section 138 but went through the adjacent municipal reserve (section 159) and into a portion of Katere (section 161). Range B went through section 138 and section 159. Range C went right through the education reserve (section 138) and into the Katere reserve (section 161). The report from the Captain of the 4th Wellington (Taranaki) Battalion who assessed the sites stated that range C could be "most easily acquired" and under the circumstances was the "most suitable". Range C, he said, had the advantage of having mounds and targets located on the same side as the river. ts disadvantages were the height of the cliffs and that high flying bullets would have greater space to travel before reaching the sea.17 An instructor added that range C was less expensive to layout and that it was "by far the best [site]". He stated that it was suitable for 13 For a full discussion of this legislation see Janine Ford's report on the Administration of the West Coast Settlement Reserve, Waitangi Tribunal Record of Documents (Wai 143) 14 Public Trustee West Coast Settlement Reserve Leases l3 file, MA 8/0/7, National Archives Wellington 15 W J Penn The Taranaki Rifle Volunteers, New Plymouth t is not known whether this was Robert Parris ( ), who held the position (among others) of Civil Commissioner in Taranaki 17 Report from Captain of the 4th Battalion, 1904, Rewarewa Rifle Range Army file, AD 1, 4/159, National Archives Wellington 4

6 a rifle range as it was up to yards in length. t could also be obtained, he said, by gaining permission to use the paddock opposite the cattle yards. 18 Range C was also considered suitable because it was close to New Plymouth. (A copy of the three proposed sites from the Defence file can be found in appendix 2.) What followed was a series of letters between the Taranaki Rifle Volunteers, the Rifle Range Committee Chairman, the Officer Commanding the 4th Wellington (Taranaki) Battalion and the Officer Commanding the Wellington District. The Officer Commanding the Wellington District was told by his Taranaki colleagues that the only site suitable for a rifle range in New Plymouth was range C and that the only way it could be acquired was through the provisions of the Public Works Act. t was explained that the lessee Newton King had refused to allow the Volunteers to shoot on the land as he felt that the shooting would be detrimental to his cattle. Pregnant cows, Mr Newton King had said, could be damaged by the noise. However, within a month a "temporary tenancy" with Mr King (the lessee of both sections 161 (Katere) and 138) and Mr Riddell (the sublessee of section 161) had been arranged for what the Volunteers considered to be the "extortionate rent" of 42 per annum. The Volunteers said that the tenancy would enable them to:... proceed with the work of fitting it up until the government may make arrangements to take the land under the Public Works Act. 19 n response the Wellington Commander asked whether the lease in fact meant that Mr King had agreed to the land being used as a rifle range. The Commander was told that:... pending what may be done by the government for the permanent occupation of the land, an agreement had been entered into between Messrs King and Riddell and Capt[ain] Weston to allow of the land being used as a rifle range. 20 After a visit by the Commander of the Wellington District to inspect the range, the Lieutenant Colonel of the Wellington District forwarded papers to the Minister of Defence recommending that the land be acquired pursuant to the Public Works Act for the purpose of a rifle range. Prior to the taking the Minister asked for the approximate value of the land required. Section 138 was valued by the Valuation Department at or 14 per acre and the 80 acres of section 161 (Katere) was valued at 960 which was 12 per acre. On 14 December 1904 the Minister of Defence indicated that the land would be taken compulsorily under the Public Works Act for the rifle range though it was not until 14 December 1905 that this was gazetted. The delay was due in part to plans and surveys not being ready. 18 Report of nstructor, 18 March 1904, ibid 19 Taranaki Volunteers to the Officer Commanding the 4th Wellington (Taranaki) Battalion New Plymouth, 28 June 1904, ibid 20 Chairman of Rewarewa Rifle Range Committee to Commander of the 4th Battalion, 22 August 1904, ibid 5

7 Ngamotu Pt : 3:9.2 Approx. position of urupa Q :0:00-0 o ex:: :3:36 Land taken for rifle range (138+ Pt 161) :;.... :~ L..;:..;:..;:..;:..;:..;:..;:..;:..;:«J Katere reserve c--= Ngamotu Rewarewa and Ngamotu 6

8 There is no mention of the land being gifted by Ngati Te Whiti or of any Ngati Te Whiti involvement at all in the Public Works, Defence and Public Trustee files. There is though a mention by the Officer Commanding the Wellington District that the Scenery Preservation Committee were "anxious" to preserve the area of the reserve which contained "the old Native Pa Rewarewa". However, nothing further has been located on the Scenery Preservation Committee's interest in the land Notification The Defence Department was able to compulsorily acquire the 79 acres, 2 roods and 10 perches on 14 December 1905 pursuant to the Public Works Act Because the Katere reserve was subject to the West Coast Settlement Reserves Act 1892 and thus administered by the Public Trustee, the procedures for taking the reserve, pursuant to section 30 of the West Coast Settlement Reserves Act 1892, were the same as for general land taken for defence purposes under the Public Works Act Section 90 of the Public Works Act 1905 also stated that Maori land could be taken for defence purposes and that the procedure was as for all general land taken for defence purposes. Section 225 of the Public Works Act stated that land required for a rifle range could be taken for a public work and in the manner prescribed for taking land for defence purposes. 22 The procedure for taking land for defence purposes was outlined in section 223 of the Public Works Act Firstly a map of the area concerned had to be prepared and signed by the Surveyor General. The Governor had to then publicly declare the land taken for defence purposes. This proclamation when gazetted was evidence that the land was vested in the Crown. Section 221 stated that the Minister was able to enter upon any land and construct "any fortification or other such work" without having first taken the land though the land should be taken as soon as conveniently possible. 23 Thus the procedure for taking both Maori and general land for defence purposes differed to the procedure for taking general land for purposes other than for defence and railways as in these instances there were notification and objection procedures. 24 A letter to the Minister of Defence from the Chairman of the Taranaki School Board of Commissioners on 20 January 1906 confirmed that the owner of section 138 had not been notified of the taking. The Board stated that they had "learned with surprise" that one of its reserves together with part 161 had been taken for a rifle range and that they had nor 21 The Officer Commanding the Wellington District to the Chief Staff Officer Headquarters Wellington, 13 September 1904, ibid 22 Public Works Act ibid 24 ibid, sections 18 and 19 7

9 received any advice either before or after the issue of the proclamation. The Commissioner added that the Board and the Board's tenant, Mr Newton King and also the tenants of the other 79:2: 10 acres, were concerned at the lack of notice both before and after the taking. 25 The Minister of Defence replied that they did not have to notify the owners under the Act but that it was:... usual to approach the owners of the land taken as quickly as possible afterwards with the view of settling the compensation amicably. 26 The Minister advised that the land purchase officer Mr Thompson would be in contact with the Chairman of the Board of School Commissioners shortly and supplied the Board with a map of the area taken Compensation Under the Public Works Act 1905 compensation for general land taken for defence purposes was assessed by the Compensation Court. As stated, pursuant to section 30 of the West Coast Settlement Reserves Act 1892, Native Reserves subject to the West Coast Settlement Reserves Act 1892 and taken for a Public Work were considered general land. Therefore compensation was assessed by the Compensation Court. Under the West Coast Settlement Reserves Act 1892 the Public Trustee was the claimant for compensation and all compensation was paid to the Public Trustee and held in trust for the Maori owners. For other Maori land taken for any purpose including defence purposes under the Public Works Act, compensation was assessed by the Native Land Court. The Native Land Court held the same powers as the Compensation Court when assessing compensation. Most of the public works file on the compulsory acquisition of part section 161 and section 138 is taken up with the issue of compensation although there is no record of any involvement of the actual Maori owners. This is most probably because the land was vested in the Public Trustee. t is interesting to note that the Commander of the 4th Wellington (Taranaki) Battalion speculated that the School Commissioner might "wave their rights" to compensation as to know how to shoot was "as much a matter of education as anything they teach in school". 28 On 20 January 1906 the Public Trustee was asked to send in a claim for compensation for 25 Chairman of the Taranaki Board of Commissioners to Minister of Defence, 20 January 1906, Rewarewa Rifle Range Army Defence file, AD 1, 4/159, box 712, National Archives Wellington 26 Minister of Defence to Chairman of the Board of School Commissioners, 11 February 1906, ibid 27 ibid 28 Commander of the 4th Wellington (Taranaki) Battalion, ibid 8

10 the taking of the land. The Public Trustee claimed 3152:19:4 but the Public Works Department offered The Defence Department had estimated the land to be worth 960. The Public Trustee's price was high because it was estimated on the basis that the land value of the remaining area of the reserve had decreased as a result of the close proximity of the rifle range. Because of the difference between the Public Trustee and the Public Works Departments price it was decided that the Compensation Court would determine the amount. Edward Liffiton was the assessor for the Department and Francis Corkill, also the secretary for the Taranaki School Commissioners, was the assessor for the Public Trustee. t was argued prior to the hearing that Mr Corkill had a conflict of interest but the objection was disallowed. The lawyers concerned were Mr Quilliam for the claimants and Mr Kerr for the Department. On 11 April 1907 the Compensation Court considered the issue. The Public Trustee was awarded 1500 plus rental for the previous year. This was less than half of what had been claimed. The lessees (the Bayley Trustees and Newton King) were awarded 359 which was one third of what they had claimed. The sublessee George Riddell had already received 100. The Taranaki Herald reported that the decisions were made unanimously. 29 The compensation received for the 26 acres, 3 roods and 10 perches by the Taranaki School Commissioners was Mr King the lessee received 500 compensation. 30 The Taranaki Daily News reported on 3 October 1906 that Rewarewa Rifle range was "a picture of neglect" but that the Pa site was "fairly preserved". 31 Fourteen years later in 1921 the whole area including section 138 was valued at Why the need for a Rifle Range? t is important to consider briefly the context to the taking, that is, what was the Crown's justification for taking a Maori reserve for a rifle range. Defence preparation in New Zealand had grown rapidly in the two decades preceding World War. This entailed both army and volunteer reform. The volunteer portion of the Army was created under the Militia Act of n 1894 Premier Seddon met with members of the permanent force and Volunteers to consider proposal for volunteer reform. As a result the volunteer groups were organised into battalions and increasing attention paid to volunteer officer recruitment and training. The war in South Africa was preceded by a rise in the number of volunteers and an increase in the funding of the volunteers by Parliament. Six thousand five hundred New Zealand 29 Taranaki Herald, 11 Apri11907; and Rewarewa Rifle Range Public Works file, Wl 23/225, National Archives Wellington 30 Rewarewa Rifle Range Public Works file, , Reference: W , National Archives Wellington 31 Taranaki Daily News, 3 October

11 volunteers fought in South Africa at considerable expense to New Zealand. Following the war in South Africa came the threat of war in Europe. Thus more reforms of the Defence Department were introduced and New Zealand's armed forces were developed further with military training becoming compulsory in David Mcntyre has commented that by World War New Zealand was "comparatively well prepared for war when it came 11 because of this defence spending. 32 The compulsory taking of Katere for a rifle range coincided too with a period where the number and standard of rifle ranges held by the Defence Force in New Zealand increased markedly. n 1900 the Commander of the Defence Force reported to Parliament that the lack of adequate rifle ranges was a "pressing" issue and in 1902 that the existence of a corps depended on sufficient rifle ranges for their use. Parliament were also told that the amendments to the Defence Act which gave the government power to take land for rifle ranges would "ensure a due provision of range accommodation for our defence forces". Thus in new rifle ranges were "arranged". From then on the number and standard of rifle ranges in New Zealand became increasingly more "satisfactory". The Defence reports to the House between 1904 and 1909 mentioned that land was taken compulsorily for rifle ranges on eight occasions. However, there is no mention in any of these reports of the Rewarewa Rifle Range Subsequent Use of Land On 9 March 1908 trustees were appointed pursuant to the Volunteer Drill-sheds and Lands Act 1888, the Volunteer Drill-sheds and Lands Trustees Validations Act 1890 and the Defence Act Amendment Act 1907 to administer the Rewarewa Rifle Range. n 1917 the Taranaki County Council acquired one tenth of an acre or 22 perches of the range to deviate the Mangaone Stream. This did not affect the range. The Taranaki Volunteers annual revenue in 1921 was reported as being from gravel ( 98:11:1); grazing (137:5:3) and part leased ( 18:11:-). The certificate of title for the Rewarewa Rifle Range indicates that part of section 138 was leased to the Taranaki Agricultural Society for 21 years from 1919 and for a further 21 years from No mention is made of any lease on part section 161 Katere reserve in the certificate of title. 32 W David Mclntyre, mperialism and Nationalism from The Oxford History of New Zealand second edition edited by Geoffrey Rice, 1992, p 343; A Historical Note, ndex to Army Department files held at National Archives Wellington, author unknown 33 There is also no table or list containing exact figures of land taken for rifle ranges so this figure should be seen as an estimate only. Defence Forces of New Zealand: Report by the Council of Defence, Appendices to the Journal of the House of Representatives, H 19,1901- H 19, H19, H19, H19, H19, H19, H9, H19 and H19 10

12 12 Current Use of Land The Rewarewa Rifle Range is currently held for Defence purposes and continues to be used by the Army as a rifle range. According to the New Zealand Defence Force: Although the Army has considered several ranges and training areas for disposal following the Resource Management Review of Defence carried out by Hon. Derek Quigley in 1988, it was decided to retain the Rewarewa Rifle Range for use by Territorial Force units based in the Taranaki area. 34 The claimants though are under the impression that the New Plymouth District Council have some interest in the land. However, the Council, the Planning and Environmental Services Manager lan Dudding states, "has no interest in it other than if it came onto the market the Council would be interested in purchasing it". Further Mr Dudding states: The land is owned by the Crown and is used by the Defence Department as a Rifle Range. This use is still actively in operation. 35 Mr Dudding also said that they had no information on any assessments made on the return of the land although in 1975:... the then New Plymouth City Council had some discussions with the Defence Department over siting a Sewerage Treatment Plant on the land. At that time understand the Defence Department position was that they would only vacate the land if an alternative site could be found for a Rifle Range. Negotiations were not proceeded with as alternative plans were made for the Treatment Plant Historic Places Trust nvolvement The Historic Places Trust were asked by the descendants of the Whakarewarewa wi in July 1979 for assistance in light of the proposal by the New Plymouth District Council to build sewage ponds near or on the historic Rewarewa Pa which contained urupa. The trust were advised that it was proposed that sewage ponds would be built in the swamp to the south of the Rewarewa site and that an outfall pipe to the sea would be placed through a tunnel under the hill on which the pa was sited. The Whakarewarewa wi were told that the trust would endeavour to ensure the protection of such archaeological sites. 37 ndeed the Rewarewa Pa was registered by the New Zealand Historic Places Trust (H.P.T) in New Zealand Defence Force to Waitangi Tribunal Division, 18 May an Dudding, Planning and Environmental Services Manager, New Plymouth District Council to Waitangi Tribunal Division, 28 March ibid 37 New Zealand Historic Places Trust to Whakarewarewa wi, 1 August

13 pursuant to the Historic Places Trust Act This Act required the H.P.T to establish a register of archaeological sites and extends protection to all archaeological sites in New Zealand regardless of whether or not they are registered. Registration places no additional duty or encumbrance on land owners or occupiers though notification of registration is given to ensure an awareness of the presence of an archaeological site. 38 The certificate of title for section 161 and section 134 shows that the New Plymouth City Council were given the right to drain sewage over part of the block in December Four sections were taken. Section 1 SO contained 1387 square metres; section 2 SO contained 622 square metres; section 3 SO contained 72 square metres and section 4 SO contained 117 square metres. n April 1989 section 1 SO containing 2100 square metres; part stream bed section 3 SO containing 150 square metres and part stream bed section 4 SO containing 150 square metres. 39 The claimants are under the impression that the area was declared a reserve by the New Plymouth District Council. However, the certificate of title makes no mention of this Public Works Act 1981 The claimants believe that the Rewarewa Rifle Range is currently for sale and therefore they want the land returned to them. However, as discussed the Defence Department is still using the block for a rifle range. f the land was no longer required by the Defence Department section 40 of the Public Works Act 1981 could be applied. Section 40 states that if any land is no longer required for the public work for which it was taken or for any other public work, or required for a section 105 (where surplus land is granted as compensation when equivalent land is not readily available), the Chief Executive of the Department of Survey and Land nformation (DOSL) or local authority shall offer to sell the land to the person from whom it was required or the successor of that person. This option is possible except when the sale is considered impracticable, unreasonable or unfair or if there was significant change in the character of the land. The sale is to be negotiated at the current market value though the Chief Executive of DOSL has the discretion to negotiate a lesser price. 41 DOSL has produced procedures and guidelines for investigations under sections 40 and 41 of the Public Works Act Historic Places Trust Act Certificate of title for part Katere Native Reserve No 161, volume 98, folio 15, Land and Deeds New Plymouth 40 ibid 41 Public Works Act 1981, section Procedures and Guidelines for nvestigations under sections 40 and 41 of the Public Works Act 1981, Office of Crown Lands Circular 1990/20, Guidelines for Return of Surplus Lands to Former Owners at less than Current Market Value, 3 December 1990, Office of Crown 12

14 15 Conclusions/ssues 15.1 Compulsory Taking of Land For Public Works The Katere reserve was one of 17 reserves made when the Crown acquired the Waiwakaiho block in Within the reserve was the Rewarewa pa and urupa. n 1905 almost 80 acres was taken compulsorily by the Crown for the Taranaki Rifle Volunteers to use as a rifle range. The Taranaki Volunteers felt it was imperative that they acquire a rifle range. New Zealand had just been involved in a war in South Africa and believed that war threatened in Europe. t was in this climate that defence spending was increased to facilitate the training of volunteer groups such as the Taranaki Rifle Volunteers to acquire the necessary skills in the event of war. ndeed there was a marked increase in the number of rifle ranges throughout New Zealand in this period. n the past the Taranaki Volunteers had leased land for a rifle range. This had proved unsatisfactory to them. The Volunteers told the Commander of the Taranaki Battalion and the Commander of the Wellington Battalion that Rewarewa was ideal for the range, that it was the best place in New Plymouth for a range, that the lease arrangement with the lessees of the area was only short term and that there was no other option but to take the land compulsorily. The Waitangi Tribunal has discussed the implications of the Treaty on the compulsory acquisition of land by the Crown. n its ancillary claims report the Ngai Tahu Tribunal states that because of the conflict between the "Crown's guarantee in article 2 of the Treaty of 'te tino rangatiratanga' or 'the full exclusive and undisturbed possession'... over their lands, on the one hand, and the right of 'kawanatanga' or 'sovereignty' conveyed to the Crown in article 1 on the other", the circumstances of each public works taking must be taken into consideration. However, "the task of weighing up the public interest against the guarantees stipulated in the Treaty is not necessarily achievable in all cases". This is given that the passage of time since the taking in question may be lengthy and that sometimes only limited information is available. 43 A question is then, is the taking of almost 80 acres of the Katere reserve for a rifle range a case where it may be feasible to determine whether the public interest was greater than that of the owners? That is, was the need for a rifle range greater than the need for instance of an economic or social base for Maori especially given the loss of land already suffered by Taranaki Maori in the years preceding the taking? Another question is whether the Maori interest was given "proper weight". That is, was there any consideration given to Te Ati Awa tino rangatiratanga at all when the Crown compulsorily took their 80 acres of Katere for a rifle range? Lands Circular 1990/26 and Procedures for Disposal of Surplus Government Land, 26 February 1992, Office of Crown Lands Circular 1992/3, No Waitangi Tribunal Ngati Tahu Ancillary Report (Wai 27) (Brooker & Friend Wellington, 1995) p

15 15.2 Notice Eighty acres of Maori land were taken compulsorily and the owners and the Public Trustee in whom the land was vested did not know until after the event. Thus a key issue is not just the compulsory nature of the acquisition but the manner in which it was taken. Under the Public Works Act there were no notification and no consultation or objection procedures for land taken for Defence purposes. A treaty principle as outlined by the Waitangi Tribunal is the Crowns obligation to act in good faith and to protect Maori rangatiratanga. A question is then: Was the Crown acting in good faith and protecting Maori rangatiratanga by compulsorily taking Maori land without even letting them know of their intentions? 15.3 Compensation An analysis of the compensation figures reveal that both the Maori owners (via the Public Trustee) and the Board of Taranaki School Commissioners received aproximately 18 per acre for part Katere 161 and section 138 respectively Lease Arrangements t is debateable whether even the lessees knew of the Crown's intention to take the land. The Taranaki Rifle Volunteers had an agreement with the lessees of both section 138 and 161 to lease the land. The Volunteers were clear that this was a short term arrangement which would be followed by the compulsory taking of the land. However, the lessees were surprised when the land was taken compulsorily. The question was asked by the Commander of the Wellington District whether the lease arrangement meant that the lessees had agreed to the land being used as a rifle range as initially the lessees were not keen to sublease the land to the Volunteers. However, the Volunteers answered that the sub lease arrangements had been made pending the compulsory taking of the land. f this indeed was the case why then did the lessees agree to the subleasing of the land? Did they in fact expect the lease to continue or did they think that the lease arrangement might prevent a compulsory taking of the land? Or, did they think the taking was inevitable and that a short term lease arrangement was the best option? t could also be argued that the Volunteers did not see it in their best interests to lease the land as a long term permanent option was obviously preferred. However, was this in the long term best interests of Maori? f the lessees did agree to the land being sub leased temporarily why could the sub lease arrangement not continue long term? Why did the land have to be taken? t seems in this circumstance a sub lease was a viable option. The Waitangi Tribunal has also stated: 44 RewarewaRifle Range Public Works file, , Reference: W , National Archives Wellington 14

16 15.5 Gifting Given the clear and unequivocal terms of article 2... it would seem that: if the Crown wishes to acquire Maori land for a public work or purpose, it should first give the owners notice and seek to obtain their consent at an agreed price; if the Maori owners are unwilling to agree, the power of compulsory acquisition for a public work or purpose should be exercised only in exceptional circumstances and as a last resort in the national interest; and if the Crown does so seek to acquire the use of Maori land for a public work, it should do so by acquiring a lease, license, or easement, as appropriate, on terms agreed upon with the Maori owners or, failing agreement, by appropriate arbitration. Should there be exceptional circumstances where the acquisition of the freehold by the Crown is considered to be essential, Maori should have the right to have that question determined by an appropriate person or body independent of the Crown. 45 Aila Taylor of Ngati Te Whiti states that the land was gifted to the Crown for defence purposes. There is no written evidence to support this. There was no reference made by the Defence Department, by the Public Trustee or by the Public Works Department to the Maori owners. However, this is perhaps because there was no legal requirement to communicate with the owners. Further, as the land was vested in the Public Trustee it was the Public Trustee to whom any correspondence was addressed. t is difficult too, to understand why Maori would want to gift land for the use of the Taranaki Volunteers who had been involved in the New Zealand Wars and the invasion of Parihaka Current Use Although the claimants believe that the land is or had been for sale, according to the New Zealand Defence Force, the land is currently used by the Army as a rifle range. The claimants also believed that the New Plymouth District Council had an interest in the land. At one stage (in 1975) the then New Plymouth City Council (now the New Plymouth District Council) was interested in erecting a sewage pond on the site but because an alternative site for a rifle range could not be found an alternative site for the sewage pond was found. However, the New Plymouth District Council currently drains sewage over small pockets of the block. Both the Rewarewa Pa and urupa are registered with the New Zealand Historic Places Trust. 45 Waitangi Tribunal Ngati Tahu Ancillary Report (Wai 27) (Brooker & Friend Wellington, 1995) pp

17 Appendices 1. Terms of Commission 2. Map of the three proposed sites for the rifle range by Defence Department (see page 4 for details) 3. Map showing whereabouts of Te Ati Awa ancillary claims completed by author 16

18 OFF~C~lJ 3 'Zl Appendix 1 WATANG TRBUNAL CONCERNNG AND CONCERNNG the Treaty of Waitangi Act 1975 Wai 143 claims DRECTON COMMSSONNG RESEARCH Pursuant to clause 5A(1) of the second schedule of the Treaty of Waitangi Act 1975, Suzanne Woodley of Wellington is commissioned to prepare research reports concerning the following matters in respect of the Taranaki claims: i) The twenty-three ancillary claims lodged to date by the claimp.nts ii) Twentieth Century alienations This commission commenced on 1 July 1993 and ends on 30 March 1994 at which time the work completed (in word perfect 'format) will be filed. The filing date however is subject to amendment in the light of other urgent tasks which may be allocated to the commissionee. The report may be received as evidence and the commissionee may be cross examined on it. The Registrar is to send copies of this direction to Wai 143 Claimants Crown Law Office Crown Forest Rental Trust Phillip Green National Maori Congress NZ Maori. Council Suzanne Woodley Dated at Wellington this 20 tv day of August 1993 Chief Judge ETJ Durie Chairperson WATANG TRBUNAL 17

19 A endix 2.~ \ Cl G ~~ ~ -l.(: ~ :EJ et) \.t o~ {~ ~ rjl ~ Native Res. 17 ~ ~ g.. 'E ~ h1 SUltr'yHl ~ Abt" 6 Mi/8S 18

20 Appendix 3 TE ATAWA ANCLLARY CLAMS Completed by Suzanne Woodley June

21 Bibliography Unpublished Primary Sources Certificates of title, Lands and Deeds New Plymouth Oral Evidence of Aila Taylor, Waitangi Tribunal D Hearing held April 1991, tape 3 B Department of Survey and Land nformation Guidelines for Return of Surplus Lands to Former Owners at less than Current Market Value, Office of Crown Lands Circular , 3 December 1990 Department of Survey and Land nformation Procedure for Disposal of Surplus Government Land, Office of Crown Lands Circular 1992/3, 26 February 1992 Department of Survey and Land nformation Procedures and Guidelines for nvestigations under sections 40 and 41 of the Public Works Act 1981, Office of Crown Lands Circular Historic Places Trust correspondence Office of Crown Lands Circulars 1992/3, , Public Trustee West Coast Settlement Reserves general file and , MA 1, 8/0, National Archives Wellington Public Trustee West Coast Settlement Reserves lessees file , MA 1, 8/017, National Archives Wellington Public Trustee West Coast Settlement Reserves Advances to Grantees file , MA 1, 8/0125, National Archives Wellington Rewarewa Rifle Range Public Works file, , Reference: Wl , National Archives Wellington Rewarewa Rifle Range Army Defence file, Reference: AD 1, 4/159, National Archives Wellington Waiwakaiho Reserve Maori Land Court Block Order files, MA 7, accession W2140, TAR 37, bundle 4, volume and volume , National Archives Wellington and TAR 37 volumes, Wanganui Maori Land Court Published Primary Sources New Zealand Gazette Appendices to the Journals of the House of Representatives, H19 20

22 Legislation Native Reserves Act 1882 West Coast Settlement Reserves Act 1892 West Coast Settlement Reserves Act 1902 Public Works Act 1905 Public Works Act 1981 Unpublished Secondary Sources Aroha Harris, Title Histories of the Native Reserves made in the Bell Block, Tarurutangi, Hua, Cooke's Farm and Waiwakaiho Purchases in Taranaki , Waitangi Tribunal Record of Documents, Taranaki Claim (Wai 143), document F23, 1991 Ford, Janine The Administration of the West Coast Settlement Reserves in Taranaki By the Public!NativelMaori Trustees , Waitangi Tribunal Record of Documents, Taranaki Claim (Wai 143), 1994 Marr, Cathy Public Works Takings of Maori Land , Report for the Treaty of Waitangi Policy Unit, December 1994 Ann Parsonson Revision of Report No A1 The Purchase of Maori Land in Taranaki , Waitangi Tribunal record of Documents, Taranaki Claim (Wai 143) document Al(a), December 1991 Published Secondary Sources Taranaki Herald W David Mcntyre, mperialism and Nationalism from The Oxford History of New Zealand second edition edited by Geoffrey Rice, 1992 W J Penn The Taranaki Rifle Volunteers, New Plymouth, 1909 B Wells The History of Taranaki, New Plymouth,

23 Document Bank Page No. Extracts from Army Defence file concerning the Rewarewa Rifle Range, AD 1, 4/159, National Archives Wellington New Zealand Gazette Extract, 14 December 1905 Ministry of Works and Development to E R Tamati, 7 June 1979 New Zealand Defence Force to Waitangi Tribunal Division, 18 May

24 DOCUMENT BANK

25 Extracts from Army Defence file concerning the Rewarewa Rifle Range, AD 1, 4/159, National Archives Wellington

26 OOPY. >l.. ~ -,. REPORT UN ArulU.J, DNGS L1USlm OR REl!lm. ;~O!.~_-=_!!.~~~~. (Or1gina1 OB Bd'9ra 5/56/2 ). BUilDNG OR LAND. LCENSEE OR L~SS~ DAT3 mo.pern msprotlm. lillmark5. REl,filA?.~!:VA 3. FL ~ ~..:L.rG ~ ~":::~~3~~::V3. lr. ). J..ACK (Grazing License). 5th JUne, V~Y.sAT SF ACTOrtY?.l:.'.'fA?.:'l'J~ =~l:n.::; ::L:TG.::?ilSl:.?..7l:.. T.iV.. ia~ J.GHCULTlT.cl..1L SOCBTY, ( Le ss e-e. -of' PU1''t). 5 th June, SA TT SF.. ioto?. Y. ~... ~ \ -..

27 Bite. (Beet ions,..ete. )~; ~ \ \.~

28 c ō z B t 3 n reply. please quote -"ove numbers. The Hon..Minister of' Def'enoe, Wellington. Re New Plymouth Rifle Range.., With ref'erenoe to this matter it ~s recommelned that the amount ().f' ~3-b-9 due t.o Mr.Newt.oll King,as rent up to the t~me compensation was reoeived, be paid by the Deparlment. Full particulars re this transaotion will be fouln on t.he file. see tabs. The Dmer Senr'etary for Publio Works st.ated on the 4th February (see tab No'..) that. this ~moul1t ',~ould have to b!" paici to Mr. Kins,either by the Department 0[' by t.he Tt'UsteeS,aro i.t does not seem to me to be Cl. fair ehal.'ge against the l l,tter, as t.hr-y had no say i11 making the cond i tions. The whole of the wo r'k of' takine t.he land was in the hands; of the Publio Works DepartD~nt, lkljutant General, Colon~l. The 'Finanoe Member, COU110il of Def'en('.e. ~ '( r ~ t".~.. \.)~1Y Wellington. Please note a:r:rroval., '. ~olonel, 7/7/08, Ad jutant Gene!~al.

29 c ō z E-L ~ L'f COPY. ;t!sv7/lj7 '+ Mesers Wilson & Grey, SOlicitors. New Plymouth. Wellington, nve~oargill-christohuroh June 20th Express, Dear Sirs, beg to aoknowledge rece:!pt of your letter of date the 15th instant, in reference to Mr. Newton King's olaim for opmpensation for land taken for a rifl& range near New Plymouth. n reply, have the honour to inform you that on my return to Wellington will have enquiries made into the position of the claim formerly made by your olient in referenoe to the taking of the range in question. Yours faithfully, (SGDa ROBERT MCNAB. Under-Seoretary Public Works :- Will you please deal with the matter mentioned in attached oorresponnence from Massrs Wilson & Grey. 23/6/08. (SGD) R.J.SEDDON for Colonel, Adjutant-Gereral.

30 , _-_._ COPY. Brougham Street, Solioitors. New Plymouth, N.Z,.r June 16th,-1.90a. ~, :,', *,. 'S17;;,:li~;,". ilitl'~;;1~~~~~~m;4 ~;' '. R1:tJ,e'BaoSe:atiwaiwaka1l10,:: '.! :~f 1.!..'. holamat~gn!~n/,the,. f :;.Ji:K:,i '.,t.'. Works Aot.':' 1 -$" : - ~: '.';, -,}"'l';?r~ 1 i,[.~: Mr King was Lessee of this laoil. from the Taranaki Sohoo1Commise-, "", ionerb,andhad sublet the Rifle Range to the Taranaki Rifle Vo1unteer,-. The Volunteers were paying 42: 16: 9 per armum, tor.. the Range, Though the proolamat1on was ~ade :.,' i in Deoember 1906 Mr King was still treated as tenant of the.sohool Commiss:!.oners and oonsidered the Volunteers his tenants at the above rental until the payment of oompensation for the taking of the land under the above Aot, whioh payment was made at th? end of September n making hie olaim for oompensation MrKing, under the belief that he would be reoeiving rent from the Volunteers till payment of the oompensation, did not inolude the loss of this rent in his olaim. The amount of rent for the period from 13th Deoember 1905 to the 28th September 1906 would be 33., and Mr King respeotfully asks that this pay may be allowed to him. Yours obediently. j... : \, (SGD.) W!LSON & GREY. he Hon. the Ministp.r for Defenoe, Wellington.

31 o Z ~... j.";..-,,,\""i<l!,~;:;;'~'~~hjwm(";~'~:f;~~;'l:;~!'~h!,:i,-f'~'"'' ':;',r:, "),1,, 'jj, ',;'t th.1 '. "~o.'~il"fot...,\! ""all_ Wtlls.Dat.on('f.r.u.l:i) 1f... 1!.),...,' WUl'.t i, ".: ;<?"':"" i,~,;,,!:j~t~: 1 ' i ' j ~

32 '11, " 5',. -z... ~.' T \,1! in,be oftloe ot 'he ~tn1.'e. tor P~bl1G Works, at. Wellln«'on.1n,~o.A~tCU the '.oyin01&l ~1".10'.aud ~.reuq oolourud Red ~ Yellow ",,. ; i.,. cl.olared,ha, '48.aid 'Nft... ~ll be UlOOl"l'o"'a.\ed Wlde.,he

33 ,,---- ~.,'''-- -~ -~+ --.,.: o Z r,!i-'~ ",'.' si: COPY. PublioWorkaOffioe, ;' \, t " }..), n r,ep11 to ;your lemo NO.166/- of 3rd instant, have to report that visited the ~fle Range with Lieut. ' Oolonel Oke;y on Konday the 7th ',inl!ltant and examided the Wa1whakaihOlU.ver whioh fc.rms the western boundar;y of the ground. ~ook with me a plan of a surye1 of the river bank bearing date 27th Jul;y. 19,05 and rqughl,. reproduoed on the ground the traverse lines and offsets between the pegs 2Da1"ked'A,od D on plan herenth, by whioh it appears there has been no appreoiable enoroaohment sino,e the, survey was made. although erosion has taken plaoe for a distanoe ot 3 or 4 oha1na between the points B and 0 on plan. The bank of the river generally is 8teep and from 6 1 to 9 1 deep measured vertioally and more or less oovered wi~ vegetation to near the waterls edge. t is oomposed of large boulders add gravel oovered by about 2 teet of Band,. loam and does not shew muoh sign of reoent erosion exoepting where above referred to. At this,plaoe the bank is about 8 1 or 9 1 deep nearly vertioal, is denuded of vegetationand the topsoil has fallen in a little, but BO far do not think muoh enoroaohment has taken place The erosion has most probably been oaused by the removal of the larger boulders from.the river bed at the base of the bank and the picking out of boulders in the bank by the looal bodies for treating at the stone orusher looated near by on the opposite side of the river.

34 ,!', J. J~ " \. jj"...,... $',"'; '.stopped~ understand tbat the i ;, ',i,.. j r~ / ~ f... 'L of shelyutg... ~ k.j.,.'::-.::;~-:: :"~t?~. '\~":::>i,~-::l)~;.',..,;'~1l~". ":. ' iiexiltafoppoa1te: ;:;,.':~'.. " t' \' ;{-: /tl;.,.,i:. "( "'J"':': "",,' being about, abreaat., of.:1. :t,he,,'1.'"\ ;.~,,.. :;;' ~\,.\., to>"" )-_-e-;;~~'_~"' :,.'~~.~..,;;.\':t " ".f::.,. 'i;~1~apit:i..,.. ~.,... to throw'oyer the water (or.e8te~~oundar1 of the range). Judging by the smali amount of injury done to ihe river y. bank by floods sinoe the survey was made, do not think. tbat there is any pressing neoesaity to oarry out proteotive work, although doubt,leas it would be, well it some proteotion were made to the. portion ot the, bank where erosion has oommenoed. think however this work m1ghtbe held over until the turther effeot of freshs and floods is observed. n vie" of thi8 the river bank along the part iikely to be affeoted should be oarefully re-surveyed "ith plenty of points of referenoe put r in, "hioh work would take a day or two only to do. f thereafter it is found to be neoesaary to proteot 1 the bank groins would probably have to be oonstruoted supplemented 1 with stone orates and"illow fasoines. The WillOWS, however, oould not be allowed to grow very much as the lines of fire from the various longer range stations to the targets oross the river bank. Signed G. L. COOX, Distriot Engineer. 'i, i...! i 1 ;i t.., i i ~j i 1 i -

35 t ō z 8 ff,.,.(,.,-;,~i--~~' ~. l' "- i. \.----"'.V., '1", i., " r-."".. ' Tb. aoap4::.~~~cj~~:l,.commt.. 1onan. lbw PM,'MOUtU. \ fi ~ r t L, 1. SR. in re-ply t~ your letter 01" the20th:j'~'.1~u 1 ~~t. re.th~:,. ',~' t> ta-tlrut. o-t,uuoation.,. Resel,"Y. f$eo~ton13$;hua.'.., Dt.'JH,ot.)..., tor.,.:',':'" r Rtf.l.eRanlte'i have the heltor' to,.tnt'o~,1<)~~ t.hat. n takbi~ :>:i.:fltl4t~:' ' ~, <.'.'.,' J'j~?'.,:J!Oi'!:&9t'ehoa: PlirPOSe.s no notioe -o1"tittent.-: on to~o '0 _~'~~~1~'t le lth~~ " i." ~,."p..~"t~?~,c;t:~;~~1!~.d.::;t~' ~~~';t~!~~~,:~~~_:;",(ejl'; tall:lbl:t,.but.. 'of' 'OOUrt*8 it h u'u8.1 to e.ppr~$oht.b.eowtier. landta.k.en.68 qulokly u ot "hoe pof:libla aft;e~lu;o~, t... ith t.he Tie. ot '1'h.t'~'lQrtd,.",." ".. waa taken Juat. before Christma,, and t.he Land Pqrohale Ot!'."o.!". lir. ThomPlon. will take thil mat-ter up short.ly, and,,11l. either write or le8 you in oo'nn$o1'.lon thare.ith. ot the land tak~n as regue.t8d. ha~e Att~ plense,find a,mall sketoh tho honor to be, Sir, Yo"r obt.'id1ont Servant. \ i 1!fY' Minis tar of De1'on08..r

36 ;, L l' "'1" //.nd~'~~~~ti~~~~~~.. ndt;:rf;!,:~j".\ "', ',,,;:,rt~:;;;f~;~' Now, therefore. 1, W!1lam Lee, Baron the Governor of the Oolony of New Zealand, ill exercise and, pursuance of the powers and authorities n me vested by,'..,tbe Public Works Act, 1905." alld of every otber power alld authority in anywis. enabling me in this beh&!f, do hereby proclaim and declare tbat the land mentioned n the, Sohedule hereto is hereby taken for the purposes of 110 rifte,_ range as aforesaid; and it is hereby fnrther declared that ' this Proclam.. tion shall take effect on and after the fourteenth day of December, ode thoullluld nine hundred and live. ', SOHEDULE. Ta.: senral parcels of land mentioned in list hereunder:- j e~. g 8ltu&te4 "O:5~.= ilelnk 'h "'z n tb. ~11~'il.g Burvey g~ District ~~~!].<j...~ 1~ ;3 iil~ of 1 j... B. P Section Red. ' Parituta. ' tv c - f- "LJ 79. l! 10 Part of Kaltere Yellow. Paritutu. N.R.161 All in the Land Distriot of Taranaki; as the same are more particularly delineated on the plan marked P.W.D deposited n the office of the Minister for Pnblic }'Vorks, al Wellington, n the Provinol&l District of Welling. ton, and thereon coloured as above. Given under the hand of His Excellency the Right Honourable Wiliam Lee, Baron Plunket, Knight Commander of the Most Distinguished Order cf Saint Miohael and Saint George, Knight Commander of the Ray&! Violorlan Order, G0- vernor and Commander in Chief in and over His Majesty's Colony of New Ze&!and and U. D... pendencies; and issued under the Seal of the... id Colony, &, the Government House, at WellinglOn, ills sevenlb day of Deoember, n the year of onr Lord one thonsand nine hundred and live. ALBERT PTT, For Minister for Pnblio Warks.. GoP un ~m KNG i j i 'K -... ( ~~. ~-- l. "i.. ~ ",, "Y"J!

37 ~'~:' 12-- J 'f\ " SUnltv Di.trict t4/un for the PU'l'08t. of a Rifle Rang (L.B.) PLUNKE-;:-Governor. ~ "" A PROCLAMATON. HEREA.S the,land mentioned in the Schedule hereto W, is required to be taken, under" The Pnblio Works A.ct, 1905," for the purposes of a ri1le range: And whereas all conditions precedent required by la.w to be observed and performed prior to the taking of suoh land for the purposes hereinbefore speoifted have been observed and performed: Now, therefore,, William Lee, Baron Plunket, the Governor of the 'Colony of New Zealand, in exercise and pursuance of the powers and authorities in me' vested by f The Publio Works Aot, 1905," and of every other power and anthority in anywise. enabling me in this behalf, do hereby proclaim and declare that the land mentioned in the Schedule hereto is hereby taken for the purposes of a rifle range as aforesaid j and it is hereby further deolared that this Proolamation shall take effect on and after the four h'."'",~,,,; teenth day of Deoember, one thousand nine hundred and flve. SCHEDULE. TmD several paroels of la.nd mentioned in list hereunder :- f~ll"c~ g d Bo",,~ ",Z..s"C'i..p B4ing 'h i~ 5~ ~o ~~1U 8 ie~ <1\,~ 'l 'A. l. P Seotion Red Part' of Kaitere Yellow. N.R-161 Situated in the Survey District of Pa.ritutu. P~ritutu; ~~,,.,,,.,..,.. fo '1 f ; /Vb',q t't- 286t5 "'. : ~~ the 'same are mllrked P.W.D. Minister for Publio rr,qvlnoia.l, Distriotcif Weliing.

38 ( 13 r~;:~ ;;';;'i! (-~\:iif7,l,y<;;.. ~",,(;,,:". ~t. ~ :! J _,1;'; "'''\ i \r?~; ; "~,'i. }:',.. v. -.J1~ Nevv Zealand Defence Forces. ell!' i104ft/; i ". ~l M. 1, tlrom ' HEADQUARTERS, WELLNGTON, N.Z.,, "~<~) \...!~ 15th Novemb.er..., :.:J i (, {.. MEMORANDl,JM. Re _ m'!r~~Q'Q'~RR;tFL.E.BANGE... [3 rms./8/_-66.f0 ~Report by the District Valuer at New Plymouth marked X is forwarded as requested in Minute ~... understand that the Soenery Preservatbn Comi missign are anxious to aoquire the part (Katere) cgntaining,;!,~l" 80 aores, which 1s Native,property. and is valued at 960. h/ " f)k~ k :.:.."~. DJ:or..General' Oommanda.nt,

39 "{ l,. " " "11",'... ".' 11 "

40 ,,':t:~~' 1~J:~'~;'i;:~'. Jf~'r~j~!ij~:,ftl,;~!,,;i-':,/~~r"', ~*itj-iff.f,t:';il#.;t.~;,i;>,ll$\1

41 '.'