OFF' IAL AI ~, 4\-'~ ~3 ""', ~esearch Report to the. 10 May Waitangi Tribunal. Wai 419: Ngati Ruanui and Pakakohe Lands. by Michael Stevens

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1 1","...'..,. OFF' IAL AI ~, ~3 ""', 4\-'~ 143,.. ~ ~esearch Report to the. Waitangi Tribunal Wai 419: Ngati Ruanui and Pakakohe Lands by Michael Stevens 10 May 1996 I i I 1 I

2 2 Research Credentials My name is Michael Joseph Stevens. I hold a Bachelors degree (with Honours) in Anthropology from Otago University. I am presently employed in a private capacity as a liaison manager. My work involves providing advice and otherwise facilitating the establishment of commercial arrangements with Maori interests in the fishing industry. My other recent working experience has been in policy and administrative positions, mostly with a commercial perspective. These roles have been in the nature of servicing the needs of Maori people through the Maori Trustee, Department of Maori Affairs, Maori Development Corporation, Iwi Transition Agency and Te Puni Kokiri (Ministry of Maori Development) where, as Policy Manager for the Maori Asset Management portfolio, I filled an advisory role to the Minister of Maori Affairs and Fisheries. While with the Ministry I carried out a number of research and policy assignments. These included maj or reports on the Mana Enterprises (Maori business development) Scheme and proposals for restructuring the provisions of the Maori Reserved Lands Act In 1993, on behalf of the Ki Tua 0 te Arai Trust, I researched and reported on the involvement of the financial services sector in Maori business development. I have previously undertaken research for the Waitangi Tribunal in respect of Wai 334, Otamarakau Lands, on which I reported in June 1994, and the Putere Native Reserve, part of Wai 46, on which I reported in October Background to the Report On 15 February 1996 I was commissioned by the Waitangi Tribunal 1 to prepare a research report on various lands around Patea township and Lake Rotorangi. Extensive research has been carried out at: a) the Maori Land Court, Whanganui Registry; b) the Maori Trust Office, Whanganui; c) DoSLI (the Department of Survey and Land Information) New Plymouth; d) National Archives, Wellington. My report is set out hereunder. I \ Michael Stevens 10 May A copy of the Commission is attached at Appendix 1.

3 3 The Claim The claim by Tamawhero Kiriona is in relation to Ngati Ruanui and Pakakohe lands in the Patea area. The claimant alleges that: a) actions of the Crown may have led to the alienation of parts of the Whitikau Native Reservej b) the Crown has failed to safeguard access to the Whitikau Native Reserve which has now become landlockedj c) the Crown has acquired land surrounding Whitikau under the Public Works Act to form part of the Patea Harbour Reserves and has leased that land for farming by other than the original inhabitantsj ( d) the Crown has failed to safeguard Maori interests in the acquisition under the Public Works Act of: Te Ngaio, Section 8 Block VII Carlyle S.D. of 39~ acresj Te Pou a Turi, of approximately 43 acres, at the mouth of the Patea Riverj Omahu, Pt Section 2 Block VII Carlyle S.D. of 27 acresj and Kaikaapo, Pt Section 59 Block VI Carlyle S. D. of approximately 240 acresj e) the Crown has failed to prevent the alienation of Rotorangi 2, of hectares, the site of the local hydro damj f) the Maori Trustee has failed to properly administer the lease of the Pariroa F block of 16 acres 2 roods 20 perchesj g) other cases may exist in the area where land was taken under the Public Works Act without adequate discussion with the rightful owners, and where either no compensation was paid, or compensation was not paid to the rightful ownersj h) the Crown and its agents have failed to ensure the proper and safe removal of asbestos from the former Patea freezing works and the Patea Hospital. The claimant therefore says he is prejudicially affected by the acts of omission and commission by the Crown and Maori Trustee as set out in his claim and that the Crown's actions constitute a Treaty breach.

4 4 Historical Background The Patea area was included in the 1865 Taranaki confiscations under the provisions of the New Zealand Settlements Act All the lands included within the current claim, other than Rotorangi 2, are within the confiscation area. The lands, other than Rotorangi 2, are all on the northwestern side of the Patea River and close to Patea township.3 Confiscated land was, under the legislation, available to the Crown to be set aside or granted for a wide variety of purposes including for local authorities, military settlements, education and Native Reserves. The House Native Affairs Committee, on 25 September 1872, recommended to the House that:... where it is found to be the case that tribes have not been actively engaged in warfare against the Queen, or, having been engaged, have returned to their loyalty, the lands which have been taken from them, if not otherwise disposed of, should be restored to the Native owners. 4 The House of Representatives, however, were concerned that this may lead to an inequitable distribution of returned lands. It was possible that a loyal hapu whose lands had been taken for military settlement could receive little or nothing, whereas a former "hostile" group, whose lands were still available, could receive them all back. In a resolution of 2 October 1872 the House took the view that lands granted to Natives should be granted irrespective of their original ownership.5 It appears that this policy was adopted in some instances, although this may have been done in consultation with the iwi/hapu having ancestral rights over the land. The Otoia block of 1,200 acres, for example, within the hapu boundaries of Ngatiringi, was, at the request of the Ngatiringi chief, Moanaroa, granted to the Ngatitupito hapu on their return from prison. 6 Many years later Tutangi, the Ngatitupito chief, said 2NZ Gazette 1865 pp The lands affected by this claim, their relative positions and the Taranaki confiscation line are shown as Maps 1 and 2. 4Reproduced in AJHR 1880, G-2 Appendix A-6. 5 Reprinted in AJHR 1880 G-2 Appendix A Taranaki Minute Book 7, 12. Copies of this Court hearing (20 TAR 1-25) and subsequent Appellate Court hearing (9 Whanganui Appellate Minute Book ), with transcriptions, are at Appendices 2(a) to 2 (d).

5 "The reason I was not given lands under my own ancestors was that the Commission & the Court made the arrangements of the grants.,,7 However, although grants were, as shown, made to hapu members in areas outside their traditional boundaries, the Courts did consider evidence of Native custom and occupation to assist them in reaching determinations of entitlement. s Section 2 of the Confiscated Lands Inquiry and Maori Prisoners' Trials Act 1879 provided that: The Governor in Council may... appoint three persons to be Commissioners for the purpose of inquiring into all promises and engagements that have been made or are alleged to have been made by or on behalf of the Government of the colony to or with any person or persons... in so far as affects any lands or territory situated between the White Cliffs and the River Waitotara, on the West Coast of the North Island... William Fox and Francis Dillon Bell, as the West Coast Settlement Commission, undertook the enquiry and heard evidence from claimants throughout this general area, including Patea. Their reports included recommendations on lands to be set aside as Native Reserves. 9 Questions have been raised as to the impartiality of the Commission and whether it was able to obtain evidence from all interested parties. G W Rusden, in his book Aureretanga,lO noted that Hone Mohi Tawhai, MP, originally appointed as a Commissioner, refused to participate. Rusden also noted that the Commission's investigations were carried out during the time of the Parihaka protests. Not only did those at Parihaka boycott the hearings, but a number of those who may have wished to give evidence were imprisoned in Otago. It is not possible from the documentary record to determine the extent to which such matters may have impacted on the operation and recommendations of the Commission and consequently the extent Taranaki Minute Book 7. See Appendix 2(a). Note that Tutangi is, In some documents, spelled "Tutange. " 820 Taranaki Minute Book 21. See Appendix 2(a). 9The Commission's 1880 G-2. reports and recommendations for reserves are in AJHR IOGW Rusden, Aureretanga, Groans of the Maori, London Reprinted by Hakaprint, Cannons Creek, Reference to Tawhai refusing to participate is at p92.

6 6 ( to which lands may have been given other than to those entitled. The prevailing view, however, was that the land had been confiscated by the Crown thereby nullifying any ownership rights derived from traditional occupation by any iwi or hapu. This report does not attempt to establish who held traditional rights to the various lands under claim. Neither does it attempt to examine the appropriateness or otherwise of the Taranaki confiscations, as this will be addressed by the Waitangi Tribunal in a wider context. Rather, it summarises the documentary record in respect of each block to show its history in relation to the current claims. (

7 7 Whitikau Native Reserve The claimant alleges that the Crown is in breach of the Treaty over actions which may have led to the alienation of parts of the Whitikau Native Reserve. The Whitikau Native Reserve is located between Manawapou Road and the sea coast, some 1.5 kilometres northwest of Patea. Schedules forming part of the Report of the West Coast Commission show Witikau [sic] as a 15 acre fishing reserve which was created as a native reserve "after nll. It is not clear from the record under what provisions the reserve was created. Whanganui Maori Land Court records, however, show that at a later time Whitikau was transferred as a Crown Grant made under the provisions of the West Coast Settlement (North Island) Act 1880 and the West Coast Settlement Reserves Act The grant, which was entered by the District Land Registrar on 4 April 1883, was for a surveyed area of 15 acres, being Section 642 Carlyle S.D. Grantees were named as Maruera Tutange, Whero, Mere Taurua, Moewai, Kopikopi, Terewhangaiti, Kaiwha, Kariritai, Tutenga, Tupito, Koinemahu and Mihirangi. 12 The seaward boundary of the block was, in the grant, expressed to be "the sea coast," and this appears to be reflected in the original survey plan forming part of the Crown Grant document. 13 ( ) It appears that although the block was a registered Crown Grant this did not in itself create Maori Land Court title. Judge John Bain Jack, at a sitting of the Native Land Court on 21 January 1915 to determine successors to Tutangi Waionui, ordered that the land be held in freehold title by 15 named persons in shares as determined in a schedule to the order. These 15 persons comprised the original grantees and their successors.14 Although the original Crown grant was made in 1883, and Judge Jack's title determination in 1915, it appears that the freehold order for the block did not issue until much later. It was not until 17 December 1924 that a survey of the block was requisitioned by Judge Browne, such survey finally being completed in August 1925 and providing an area, as inserted into the 1915 Freehold Order, of 13 acres 3 roods 20 perches, a 11 AJHR 1880 G-2, Appendix B p29. 12Tutangi Waionui, at a Court sitting in 1912, gave evidence that Whitikau had been granted to the 12 recipients by the West Coast Commission following its hearings in 1880, although he had not lived there himself until See 20 Taranaki Minute Book 5 & 7 at Appendix 2(a). 13 A copy of the Crown Grant document is at Appendix 3(a) Taranaki Minute Book A copy of the Freehold Order with the original owners schedule is at Appendix 3(b).

8 reduction of 1 acre 20 perches from the original Crown Grant. ( Some explanation for the reduction in area appears in the Court records. A memorandum of 30 January 1932 from the Chief Surveyor to the Native Land Court Registrar, Whanganui reads, in full, as follows: Herewith I forward diagrams, endorsed in duplicate, for attachment to the Partition [sic] Orders dated 21/1/15 for the above block, together with Plan No. 1065N shewing recent survey for Judge Browne's approval. The survey charges, amounting to with interest at 5 per cent per annum from 29/6/25, vide application made for charging order on 12/11/25, remain unpaid. The original area of this block by survey made in 1882 was 15 acres 0 rood 00 perch, but, owing to sea erosion, the area found by recent survey is 13 acres 3 roods 20 perches. Please return plan 1065N to this Office after Judge Browne has endorsed approval thereon. 1s While the diagrams referred to in this memorandum were not attached, the Court title file for the block contains plan 1065N dated 4 August 1925, and which is initialled by Judge Browne. The plan shows a surveyed area of 13 acres 3 rood 20 perches, and shows cliffs along all but a small portion of the seaward side of the block. Along this is written the notation "Top of Cliff Bdy." It is possible, then, that the reduction in the area of the block between the 1882 survey and that of 1925 may, in addition to reflecting erosion as suggested in the Chief Surveyor's 1932 memorandum, also result in part from a movement inland of the boundary from the actual coastline to the cliff tops shown in the 1925 plan. That the cliffs were in existence at the time of the earlier survey is indicated from evidence given by Tutange Waionui in the Pariroa case in 1902, when he said, in relation to Whitikau, "There is a cliff there rising from the beach.,,16 The 1915 Freehold Order has been signed by Judge Browne, and not by Judge Jack who presided at the 1915 Court sitting. While there is no documentary evidence on file, it is possible that the order could not be completed until the block was resurveyed, some 10 years after the 1915 hearing. 8 15Copies of this memorandum and Plan 1065N are at Appendix 3(c) Whanganui Minute Book 113.

9 No other alienations of all or part of the block are recorded on the Court files, (although it is, of course, possible that the land is subj ect to informal occupation by other than the owners). Aside from the reduction in surveyed area by 1 acre 20 perches between the 1882 and 1925 surveys (which may be entirely the result of erosion) the Whitikau Block is as originally granted. The claimant also alleges that the Crown has failed to safeguard access to the Whitikau Native Reserve which is now landlocked. This is not correct. First, a plan provided by DoSLI clearly shows that a short portion of the seaward boundary adjoins the coast without an intervening marginal strip. Access by sea is therefore available, if not always practical. Furthermore, the block along its entire northeastern length is bounded by Manawapou Road, and legal road access consequently exists. Formed access ends, however, some 2 kilometres from the block on Powerhouse Road, along the northwestern boundary of Section 78, Patea Suburban, and the unformed legal access is undefined on the ground. 17 The claimant also alleges that lands surrounding Whitikau were acquired under the Public Works Act, incorporated into the Patea Harbour Reserves, and subsequently leased out for farming purposes. As has been shown Whitikau and its surrounding area formed part of the Taranaki confiscation. While Whitikau was returned to Maori ownership as a Crown Grant, records in National Archives do not indicate that any other lands in the vicinity were similarly granted to Maori. Crown Grant records show that the lands immediately inland of Whitikau were granted to settlers,la while those on either side along the coastline were shown as Waste Land on the Whitikau Crown Grant of 1883 and were still shown as such in a map of Plan 2, showing the relative locations of various of the lands affected by this claim, shows legal road access to the block and the extent to which access is formed. 18File LS-NP 17/4 Carlyle Suburban Crown Grants, at National Archives. 19See Appendix 3(a) for a copy of the Crown Grant, and Appendix a copy of the map of (d) for

10 10 Te Ngaio, Te Pou a Turi, Omahu, Kaikaapdo The claimant alleges that the Crown has failed to safeguard Maori interests in the acquisition under the Public Works Act of the following areas: Te Ngaio, Section 8 Block VII Carlyle S.D. of 39~ acres; Te Pou a Turi, containing approximately 43 acres and situated at the mouth of the Patea River; Omahu, Part Section 2 Block VII Carlyle S.D. of 27 acres; and Kaikaapo, Part Section 59 Block VI Carlyle S.D. of approximately 240 acres. The claimant has also enquired as to whether other cases exist, such as the land taken under the Public Works Act for the Patea dump, and the old cemetery, where the land was taken without adequate discussion with the rightful owners, and where either no compensation was paid, or where compensation was not paid to the rightful owners. It is not clear which cemetery is being referred to, but it may be that which is discussed below in the section on Te Pou a Turi. ) As previously stated, the Patea lands were included in the 1865 Taranaki confiscation and were subject to investigation by the West Coast Commission. On 24 March 1880, the Commission sat at Carlyle. 21 Tutange Waionui, in evidence, said: I wish to speak of land from Patea to Whitikau, Oroua, and Pipipi; these places are all seaward, and from thence to Opango along the line to Pukerata; and from there to Otoia and on to Patea. The land included in these boundaries is generally known as Kakaramea. The block is about five miles across, and extends back from the sea-coast about twelve miles. It contains about 1200 acres. This land has all been confiscated... My body may have offended against the Queen but my land has not. 22 Tutange went on to say that he wanted the land returned and that he, with his relatives, had petitioned the then Civil Commissioner, Major Brown, to that effect. 20 Notes on the traditional TG Hammond, are appended Crown Lands, New Plymouth, 4(d). importance of these blocks, provided by the Rev to a memorandum from the Commissioner of to the Under-Secretary of Lands at Appendix 21Carlyle, originally established part of Patea. as a separate township, now effectively forms 22AJHR 1880 G-2, Proceedings and Evidence, p34.

11 11 The Commission, in response to Tutange, said: We have listened to what you have said, but your claim is one which we cannot entertain for a moment. We are not here to give back the confiscated land, nor to entertain any application of that kind. 23 Despite the Commission's response, and bearing in mind the legislative provisions under which it was established, various records from the time of the Commission and subsequently, suggest that promises had been made by government officials to return certain blocks of confiscated land as Native reserves, or at least that Maori at the time believed that such promises had been made. Indeed, in a 16 September 1908 memorandum to the Under-Secretary for Lands, the Chief Surveyor in New Plymouth wrote: ( The West Coast Commission report... seems to leave little doubt that such promises were understood by the Natives to have been made to them; indeed on page 8 of Appendix E, G-2, a letter from the Hon. J.C.Richmond to Taurua - the chief - specifically states that "the sacred places and places that are greatly valued will be retained for the people who owned the land." A list of such places enumerated to me... turned out on reference to the maps to have been nearly all of them actually reserved from the sales, but to have been afterwards set aside as reserves or endowments other than Native. 24 And in a later memorandum, written as Commissioner of Crown Lands, he noted that: It is noticeable and significant in considering this matter, that all these lands now claimed, were actually reserved from sale by the then administration, but have since been allotted by a later generation probably not conversant with the facts, to other than Native purposes. 25 The West Coast Commission in its report, however, indicated that these undertakings may have been given at the end of the first Taranaki war in The Commission took the view that promises 23 AJHR 1880 G-2, Proceedings and Evidence, p Chief September Surveyor, New Plymouth to Under-Secretary for Lands, A copy of this memorandum is at Appendix 4(a) Commissioner of Crown Lands to Under-Secretary of Lands, 29 September A copy of this memorandum is at Appendix 4(b).

12 to return land at that time had been nullified by the renewed fighting in In any event, records show that, following the confiscation, none of the four blocks named above were ever returned to Maori ownership. Indeed, records at National Archives show that very little of the lands within what was then known as the Carlyle Township and Carlyle Suburban area (on the Western side of the Patea River) were granted to Maori. The vast maj ority were transferred to settlers or to bodies such as the Carlyle Town Board and the Patea Harbour Board. A brief summary of ownership in the four blocks specifically referred to in the claim shows as follows: Te Ngaio In 1871 this block was set aside as a cemetery reserve under the provisions of the NZ Settlements Act 1863 and the NZ Settlements Amendment and Continuation Act Subsequently, on 31 October 1876, the block was transferred by way of Crown Grant to the Carlyle Town Board ( The block, on the northern outskirts of Patea township, has been subdivided into two parts, these being Lot 1 DP 3495, of ha, and Part Section 8, Patea Suburban, of ha. The total area of ha is some 0.05 ha (approximately one eighth of an acre) less than the 39~ acres recorded in early documentation, but this may be a result either of early records showing estimated areas, or land being taken for roads running along two boundaries of the block. The land is currently vested in the South Taranaki District Council. 29 The Patea Cemetery occupies the ha portion, while Lot 1 DP 3495 is partially farmed and partially in forestry. Te Pou a Turi The exact location of this block has not been ascertained, although it is clear that it was located on the northwestern bank of the Patea River near the river mouth. Although the claimant refers to an area of approximately 43 acres, and this area is 26 AJHR 1880 G-2 p38. 27NZ Gazette 1871 pp409-41o. 28Pile LS-NP 17/4, Carlyle Suburban Crown Grants, Polio 35, at National Archives, Wellington. 29See copy of CT A3/1106 at Appendix 4(c).

13 13 ( also referred to in Court proceedings, it would appear that no discrete area of this size was surveyed out. Various correspondence from the early part of this century indicates some confusion about the specific piece of land claimed as Te POu a Turi reserve. Different memoranda refer, for example, to Te Pou a Turi as Section 641 Patea District, of 2 acres 2 roods 30 perches and Section 73 Block VII Carlyle SD (Suburbs of Patea). Some clarification is found in a 27 February 1911 memorandum from the Commissioner of Crown Lands in New Plymouth to the Under-Secretary for Lands, in which he reports "Tutange informs me that the Natives desire Pt 73 of 43 acres and Section 641 (Te Pou-a-Turi) restored to them, the former being a burial place of some of Tutange's ancestors, but they are prepared to accept a monetary compensation with regard to the other three reserves which they claim" (ie Te Ngaio, Omahu and Kaikaapo).30 Section 73, of 148 acres, adj oins Section 641. Records at National Archives show that on 1 January 1877 an area of 175 acres 0 roods 32 perches, comprising the whole of the peninsular formed by the junction of the Patea River with the sea coast, including both Section 73 and Section 641, was transferred by Crown Grant to the Patea Harbour Board:... Always excepting and reserving a burial ground containing by admeasurement thirteen perches (0.0.13) more or less In a 1939 interview with the Native Land Draughtsman, Maui Onekura Rangihaeata stated that '" Kurawhae' is the burial ground of 13 perches over 50 chains to the North-west of Te Pou-a-turi" and, when asked whether he was satisfied, presumably as to the ownership of the urupa, replied "Yes, that is our graveyard - our urupa.,,32 Te POU a Turi was described by Tutangi Waionui in Court evidence as containing an urupa 33 however it appears likely that, as indicated above, he was seeking the return of both Te Pou a Turi and the nearby urupa, Kurawhae. 30Commissioner Lands, 27 February of Crown Lands, New Plymouth A copy of this memorandum to Under-Secretary is at Appendix 4(d). of 31 A copy of the Crown Grant showing the exclusion of the urupa from the title is at Appendix 4(e). 32Minutes of this interview are contained in a memorandum from the Chief Surveyor to the Under-Secretary of Lands dated 1 August A copy of this memorandum is at Appendix 4(k) Taranaki Minute Book 2, 17, 25. See Appendix 2(a).

14 Most of the land, which has since been subdivided into numerous lots, is currently vested in the South Taranaki District Council and used for a variety of purposes including baches, playing fields, oxidation pond and forestry. Much of the area is taken up by the local golf course, including Lot 11 DP 648 within which is the urupa excluded from the title. 34 Whether the urupa is defined on the ground has not been ascertained. 14 Omahu This land, now designated Part Section 2 Patea Suburban, and of ha, is located on a bend in the Patea River, less than a kilometre north of Te Ngaio, and is shown on recent plans as a Harbour Board Reserve. Ownership transferred to the Patea Harbour Board in January 1871, although the transfer was later formalised by a Crown Grant to the Harbour Board dated 1 January The block, which is crossed by the railway, is currently vested in the South Taranaki District Council and leased out for farming purposes. 36 Kaikaapo This land, now redesignated as Section 78, Patea Suburban, is located about 0.5 kilometres north and inland of Whitikau, with Manawapou Road as its southwestern boundary and State Highway 3 on its east. Its area of ha is. consistent with the "approximately 240 acres" described elsewhere. The block, then designated as Section 59 Block VI Carlyle SD and of 242a Or 30p, was Crown Granted on 29 September 1878 to the Superintendent of the Province of Taranaki under the provisions of the NZ Settlements Act 1863, the NZ Settlements Act Continuance Act 1865, the Taranaki Education Reserves Act 1871 and the Taranaki Education Reserves Act Amendment Act Also in 1878 it was set aside for education purposes See copy of CT H2/643 at Appendix 4(t). The former Section 641 is the 9015m 2 portion now designated Pt Section 73 at the southern extremity of the area. 35Pile LS-NP 17/4, Carlyle Suburban Crown Grants, Polio 40, at National Archives, Wellington. 36See CT C2/1330 at Appendix 4(g). 37Pile LS-NP 17/6 Crown Grants, Patea District, folio 6, at National Archives. 38NZ Gazette 1878, p832.

15 Title to the land is currently held by the Roman Catholic Bishop of the Diocese of Palmerston North,39 and the property is predominantly farmed with a small area in forestry. Compensation Payments The Journal of the House of Representatives records two petitions in 1908 in relation to Patea lands. Petition 464/08, from Tutange Waionui and 46 others, asked "that certain burial places and a fishing ground in the Patea district be returned to them." The petition was tabled in the House on 2 September 1908, reported back on 1 October 1908 and referred to Government for immediate enquiry. Petition 626/08, from T Maui Onekura and 2 others, asked that they "be included as owners in certain reserves in the Patea district." The Petition was tabled and referred to the Native Affairs Select Committee on 29 September 1908, reported back on 1 October 1908 and referred to Government for enquiry. At the time, in investigating the background to these petitions, the Department of Lands and Survey took the attitude that, while there may have been unfulfilled promises to return the areas claimed to Maori ownership, it was now too late, although some monetary compensation could be considered. 40 As a consequence, at the request of the Under-Secretary for Lands, the Commissioner of Crown Lands, New Plymouth, provided a valuation of the four areas under claim. While noting that there were difficulties in valuing Te Pou a Turi, the Commissioner gave an estimated total value of the four areas claimed as 6, See CT B2/42 at Appendix 4(h). 40This, and the following few paragraphs, are derived from a memorandum from the Department of Lands and Survey, Head Office, to the "Chief Clerk." A copy of this memorandum, which provides a detailed summary of the history of the claims to the Patea River Reserves, is at Appendix 4(i). Note that the attitude that it was too late to return lands is, in respect of Te Pou a Turi, in contradiction to advice by the Chief Surveyor that the Patea Harbour Board Act empowered the Governor to take, without compensation, any lands required for public purposes. He intimated that the land could be converted to Historic Reserve under the Scenery Preservation Act. (See Chief Surveyor, New Plymouth, to Under-Secretary for Lands, 16 September 1908, copy at Appendix 4(a). 41 Commissioner Lands, 28 February of Crown Lands, New Plymouth, A copy of this memorandum to Under-Secretary for is at Appendix 4( d).

16 The Under-Secretary for Lands subsequently advised the Minister for Native Affairs that while Maori had no legal claim to the lands, it may be that they had a moral right to compensation because of promises that appeared to have been made in the past. On his recommendation, compensation was assessed at 2 per acre for 307 acres, a total of 614, and this sum was duly appropriated by Parliament to be paid to those entitled in full satisfaction of any claims to compensation. Section 25 of the Native Land Act 1909 provided for the Governor, by Order in Council, to extend the jurisdiction of the Native Land Court to enquire into any matter or question affecting the rights of Natives in any real or personal property. An Order in Council under this provision was gazetted in early The Order in Council reads, in part, as follows: And whereas petitions were presented to Parliament signed by numerous Natives praying that certain lands alleged to be reserves be returned to them: And whereas the House of Representatives on the first day of October one thousand nine hundred and eight, ordered that petitions numbers 464/08 and 626/08, together with the report of the Native Affairs Committee thereon, be referred to the Government for immediate enquiry: And whereas the matter has been duly considered and a sum of six hundred and fourteen pounds has been appropriated, to be paid to the Natives as compensation in full satisfaction for all claims Notice of the enquiry, to be held at Patea on 22 February 1912 was accordingly published in the NZ Gazette and Kahiti, stating that the intention was: To enquire into and ascertain who are the Natives entitled, and in what shares and proportions, to the sum of 614, being the amount appropriated by Parliament to be paid as compensation in full for all claims against the Government in respect of the following lands:- Te Pou-a-Turi, containing about 43 acres, and situated at the mouth of the Patea River, on the north bank. Te Ngai, being Section 8, Block VII, Carlyle Survey District, containing about 39~ acres. Amahu, being part Section 2 Block VII, Carlyle Survey District, containing about 27 acres. Kaikaapo, being part Section 59, Block VI, Carlyle Survey District, containing about 240 acres NZ Gazette 1912, p18. 43NZ Gazette 1 February The hearing was subsequently adjourned by Gazette Notice of 1912 p469 to 13 March 1912.

17 The enquiry, undertaken by Judge J B Jack, lasted four days. At the beginning of the hearing, Judge Jack noted that the enquiry related to the payment of compensation "for lands, claimed to have been tribal lands which should have been re-invested in the native tribes after the West Coast Commission of 1880/82." Early in the proceedings, following a request that an urupa be reserved from Te Pou a Turi, the Court emphasised that the hearing was to determine compensation for all the lands involved, and could do nothing in regard to the reservation of any of them (although, as shown above, it appears that the urupa had already been reserved from the block). There was early disagreement amongst those at the hearing as to who was entitled to compensation. The dispute was essentially one of whether one or more hapu of Pakakohe had rights to the land and, consequently, the compensation moneys. The Court indicated that it would be guided by the West Coast Commission's reports on adjacent lands and the ownership determinations made by the Commission. Tutangi Waionui, of Ngatitupito, claimed exclusive entitlement, for that hapu of Pakakohe, to the full compensation for the four blocks involved in the investigation. In his view, as quoted above, Ngatitupito lands extended along the coast from the Patea River to Pipipi, a distance of some five miles, and approximately 12 miles inland. While other hapu may have fished at Te Pou a Turi, they belonged on the other (southern) side of the river. This evidence was supported by Kopekope who, under oath, stated; From Patea to Pipipi to Opango to Otoia to Patea River & then to the sea, these are the boundaries of the lands of Haimona & Tamakehu. Tupito their father divided this area for these two. The tribe name for the land is Ngatitupito. From that time till now this is the first time I have heard foreigners coming in claiming this land. I have lived here all my life, I am now 60 years... Tamakehu got the land in the North West now the land of Ngatitakou & Taumaha &c Kopekope also supported the view that entitlement to the compensation was limited: Some of Pakakohe have rights to this compensation: others have not. Pakakohe is a tribe: some of its hapus have rights which others have not. 45 Tupatea Haumatao, a counterclaimant of the Ngatitakou hapu, gave whakapapa evidence that Ngatitupito were the descendants of Taranaki Minute Book 9. See Appendix 2(a) Taranaki Minute Book 10. See Appendix 2(a).

18 Haimona, suggests Kopekope those of and Ngatitakou the descendants of Tamakehu. 46 This that the boundaries set out in the evidence given by above were those which separated Ngatitupito lands from Ngatitakou. Ngatitakou claimed a share of the compensation on the grounds that their eponymous ancestor had lived in and had mana over the Te Ngaio and surrounding area many generations earlier. They claimed that all descendants of Takou should share in the compensation, not just Ngatitupito (who they also acknowledged as being descended from Takou). Tupatea said in evidence: Pakakohe was a tribe not a hapu. There were several hapus in it. The chief of one hapu has no say in the affairs of another hapu, but all hapus are under the chief of the tribe. 47 It was on this basis that Te Ngarutahi, Ngarangi Katitia, Hokianga and others claimed entitlement under the mana of Taurua, described as the principal chief of Pakakohe and Ngarauru, on both sides of the Patea River, in the 1860s to the 1880s. Taurua was the chief of the descendants of Hinemaweru, sister of Haimona and Tamakehu. 18 ( \ Counterclaims also came from the Ngatiringi hapu, suggesting that both Ngatitupito and Ngatiringi were closely linked and had been granted joint title to the Pariroa block, within the area claimed to be exclusively Ngatitupito. Other evidence indicated that a potion of land which was included in the Pariroa block had earlier been gifted by Ngatitupito to Ngatiringi, allowing some members of Ngatiringi to subsequently be included on the Pariroa title. This did not, however, give Ngatiringi automatic rights over other Ngatitupito lands. Other claimants also gave evidence seeking to be included in the compensation payment. In a decision promulgated on 28 March 1912, the Court found in favour of Ngatitupito as exclusively entitled to the compensation moneys. It is worthwhile quoting at length from the Court IS decision. The Court premises its review of the evidence with the observation that the lands for which compensation is being paid are within the boundaries of the confiscation area, and therefore native custom does not attach to establish any vested rights. Native custom and occupation are however considered as ( \ 46See whakapapa in 20 Taranaki Minute Book 12. See Appendix 2(a) Taranaki Minute Book 13. See Appendix 2(a).

19 19 evidence to assist the Court in arriving at a determination. After fully considering the evidence, and also the evidence & the decision given in the Pariroa case (MB 50 Whanganui) and the reports of the West Coast Commission, the Court finds that all the hapus claiming are sub-tribes of Pakakohe tribe; that their hapus originated after the murder by Tuwehea (the husband of Hinemaweru) of Tupito' s children. After that event Tupito separated the remaining children, Hinemaweru going with her husband to left bank Patea, Haimona to right bank and Tamakehu to Manawapou. 48 These three are the several ancestors of the hapus claiming, Haimona's descendants being known as Ngatitupito & Tamakehu's as Ngatitakou. In the Pariroa case N'Takou claimed and failed. Under the West Coast Comm awards they, as a tribe, received no land north of Pipipi. To depart from the principles that guided that Commission in its settlement of the troubles of , the Court would require the strongest evidence not only of error, but of injustice as well. Such however is not produced. Their claim thro' Takou as a common ancestor is we think an afterthought since the Pariroa case was decided. We cannot therefore recognise the claim of N'Takou for inclusion in the award. Hinemaweru' s descendants made no claim in the Pariroa case. Their inaction then is explained solely by the statement that their chief Taurua was deceased, & his whakapapa book had been lost. The Court cannot accept this explanation as sufficient. On reference to the West Coast Comm reports G page 16 will be found a special report on proposed special reserves for Taurua & his people. This report makes no mention of reserves on right bank of Patea, altho the question had been exhaustively gone into at that time. In view of these facts the Court concludes that Taurua & his people had no strong claim on the right bank lands, within the N'Tupito boundaries. The claim thro Hinemaweru & Taurua is therefore disallowed. The only direct evidence concerning Peti Ruri's claim is that she is N'Takou. Her claim therefore is refused.. The Pariroa Nat. Res. Act 1901 set aside Pariroa reserve for the Ngatitupito & Ngatiringi hapus. 49 The Court awarded the land to Ngatitupito and those only of Ngatiringi who were strictly identified with the 48Near the mouth of the Tangahoe River. 49The land was, in fact vested in the Public Trustee, but was, as described in the preamble to the Act, to be used for the "use, support and education of aboriginal natives of the Ngatitupito and Ngati-Ringi tribes..."

20 20 hapu as Ngatiringi, any persons claiming as absent members of the hapu not being admitted. Ngatiringi have been given another opportunity to-day to establish a claim to any land within N'Tupito boundaries. The evidence of their own witnesses failed to prove any right other than a small area in Pariroa said to have been given out of aroha by Tupito to Ringi, & this being the origin of Ngatiringi's rights in Pariroa. The Court therefore finds that the Ngatitupito hapu are exclusively entitled to participate in the compensation moneys offered by the Crown.50 This judgement was affirmed on appeal on 18 October 1912, the Appellate Court noting in its decision that despite other representative chiefs being present, no-one had opposed the boundaries described by Tutange Waionui, in his 1880 evidence to the West Coast Commission, as those of Ngatitupito. 51 In 1935 and 1936 enquiries were made to the Native Land Court in Whanganui by Thomas E Roberts, Solicitor of Patea, on behalf of several Maori in Whenuakura and Patea, as to whether all the persons entitled under the 1912 decision had been paid. Having made enquiries to the Department of Lands & Survey in Wellington, the Court Registrar received a schedule of names of 31 persons who had not yet been paid, and their respective entitlements to a total of 37. The memorandum accompanying the schedule of names includes the following: I would advise that my file shows the Natives had no legal claim, but on account of some promises alleged to have been made it was decided to pay for 307 acres at 2 per acre, and the persons entitled to the money were determined by the Native Land Court in A notation on the schedule of names reads "Distributed to Cards " and beside each name has been written what appears to be a beneficiary number as used in Maori Land Court/Maori Trust Office records to register payments made to those entitled. It would appear, then, that all the payments due under the 614 compensation appropriation were distributed by 1936 to those determined by the Court to be entitled Taranaki Minute Book See Appendix 2(a) Whanganui Appellate Court Minute Book See Appendix 2(c). 52 Memorandum from Under-Secretary of Lands to Registrar, Aotea District Native Land Court, copy at Appendix 40).

21 21 ( There is some doubt, however, as to whether the compensation sum of 614 was correctly assessed. A 1939 memorandum from the Department of Lands and Survey contains the following paragraphs: On the 22nd September, 1911, the Under-Secretary for Lands advised the Hon. Minister for Native Affairs that the Maoris had no legal claim to the land in question (Patea Reserves) but evidently some promises had been made which seem to give them a moral right to compensation in connection with the said lands. He further stated--iithe total area of the reserves (exclusive of Kurawhae which they already hold) is 307 acres, which, valued at 2 per acre, makes a total value of 614." There is a litho attached to the Under Secretary's memorandum of 22/9/11 to Hon. Minister for Native Affairs. This litho shows the Patea Reserves which were the subj ect of compensation. The compensation has been worked out, presumably by the Under-Secretary, in pencil on the litho. The compensation was assessed as follows:- (see litho) ;' \ ~. ) Kaikaapo Area: Te Ngai (sic) Omaahu " " 240ac. 2r. 33p. 39" 1" 20" 27" 0" 07" 307ac. Or. 20p. 307 acres at 2 per acre = 614. It will be seen that the area shown on the litho as Kurawhae or Te Pou-a-Turi has not been assessed for compensation. Kurawhae or Te Pou-a-Turi is shown on the litho as Pt. Section 73, Carlyle S.D., 43 acres, and Section 641, Patea District, 2 acres 2 roods 30 perches. The Under-Secretary' s statement that Kurawhae (as shown on the litho) was already held by the Natives does not appear to be Correct. This area is included in the Crown Grant to the Patea Harbour Board. The only area which has been expressly excluded from the Patea Harbour Board's title is a grave-yard of 13 perches--it is possible that this area is also known to the Natives as Kurawhae Department of Lands and Survey, Head Office memorandum to "The Chief Clerk," 29 June A copy of this memorandum is at Appendix 4(i).

22 22 Subsequent Claims The Court I s determination of eligibility for the 614 compensation payments was promulgated on 28 March As is shown in the minutes of the hearing, the Court considered it had no jurisdiction to reserve any of the lands which had been claimed as reserves, including urupa. 54 On 1 April Tutange Waionui, Kopekope Taua and 12 others wrote to the Native Minister, Sir James Carroll, asking (in translation) as follows: This is an application to you and your colleagues which is the outcome of the Native Land Court business completed on the 28th day of March last in reference to the (compensation) monies, 614. That amount has been awarded to me and my Ngatitupito hapu. Friend, Mr Carroll, we mutually agreed at Wellington there about Te Pou-a-Turi, the graveyard of Tutange, Kaiahe and other places that these should be permanently reserved as being burial-places according to the Act for such. We now therefore apply to you to definitely fix the same by proclamation in the New Zealand Kahiti. The acreage of that part (enclosing the places named) is 43 (acres). Proclaim this as soon as possible in the Kahiti. 55 This request was referred through the Under-Secretary of Lands to the Commissioner of Lands in New Plymouth who, on 30 April 1912, responded saying:... I have to point out to you that with the exception of a grave-yard of 13 perches, which is expressly excluded from the Patea Harbour Board I s title to Section 73 Suburbs of Patea, every scrap of these so-called Patea Reserves has been parted with, and the Land Transfer titles issued for them In a memorandum of 29 June 1939, the Head Office of the Department of Lands and Survey reported that: The Native Department, in a memorandum dated 19/2/14, subsequently informed this office that the Hon. Native Minister advised Mr Tutange Waionui and others that they had better, if they had any grievances (in regard to the alleged reserves) petition Parliament again so that full enquiry might Taranaki Minute Book, 2, 25. See Appendix 2(a). 55File LS , Patea River Reserves, National Archives. 56 File LS , Patea River Reserves, National Archives.

23 23 be made, if it was decided that the question was to be re-opened. A petition was apparently not presented by Tutange Waionui and no further enquiries have been made in connection with these Reserves until now. 57 Despite this assertion Petition 87/13, from Tutange Waionui and others and being "For return to them of land known as Pou-a-Turi, Patea River" had been presented to the House on 18 July 1913 and referred to the Native Affairs Committee. On being reported back on 17 October 1913, it was "ordered to lie upon the table, and be referred to the Government for enquiry." No further action appears to have been taken, on the basis of departmental advice that the issue had been dealt with in the appropriation, payment and acceptance of the 614. The final documentation held on the file in respect of these lands is dated 1 August 1939 and is in relation to Section 641, Patea District. The Chief Surveyor, New Plymouth wrote to the Under-Secretary of Lands concerning a claim by Maui Onekura Rangihaeata (the originator of Petition 626/08 referred to above) and others, that Section 641 had been wrongfully taken, and that fishing rights attached to that land still existed. It is clear from the memorandum that Maui Onekura primarily intended to preserve fishing' rights. 58 The Chief Surveyor made no recommendation as to further action and it appears that none was ) taken. There are three issues which arise from the foregoing, as follows: a) Whether compensation for Te Pou a Turi should have been included but was incorrectly omitted as a consequence of erroneous advice from the Under-Secretary for Lands. b) Whether the assessment of 614 based on 2 per acre was adequate given the Commissioner of Crown Lands' estimate of the value of the four areas of land at 6,455. c) The current title position of the urupa of 13 perches excluded from the area Crown Granted to the 'Patea Harbour Board in The Department of Survey and Land Information have been unable to locate any title for the area, and the Maori Land Court is currently attempting to determine whether any Maori Land Court title exists. 57 Department 1939, Paragraph of Lands and Survey, Head Office, to the Chief Clerk, 29 June 18. A copy of this memorandum is at Appendix 4(i). 58 Chief Surveyor, New Plymouth, to Under-Secretary A copy of this memorandum is at Appendix 4(k). for Lands, 1 August

24 24 Rotorangi 2 The claimant alleges that the Crown is in breach of the Treaty because of its failure to prevent the alienation of Rotorangi 2, of hectares, the site of the local hydro dam. Rotorangi 1 and Rotorangi 2 are located by the Patea River some 25 kilometres due north of Patea township (although considerably further by road) and immediately adj acent to but outside the confiscation boundary. Title to Rotorangi was investigated in the late 1800s and two separate Maori Land Court titles issued. 59 The Court, in its determination, made it clear that the division into two titles was to designed to apportion the interests of different hapu with entitlement to the land. While the Court's transcription of his evidence is somewhat ambiguous, Ngarangi Katitia, at a 1912 Court sitting, suggested that the original division of the land between Rotorangi 1 and Rotorangi 2 was to provide for separate titles to issue to Ngatiringi and Ngatitakou on one hand and Ngatitupito on the other. 60 Although the Maori Land Court shows the blocks in separate title, Department of Survey and Land Information records show Rotorangi as a single entity. Neither block has been surveyed, however Whanganui District Maori Land Court records show the area of Rotorangi 1 as 175 acres ( hectares) and that of Rotorangi 2 as 525 acres ( hectares).6j. An internal note on the Maori Land Court file dated 19 February 1990 refers to uncertainty about the exact positioning of the boundary between the two blocks because of the lack of survey. 62 In 1902 an area of 22 acres 3 roods ( ha) was taken from Rotorangi 2 under Sections 92 and 93 of the Public Works Act This does not appear to be reflected in Maori Land Court records on the area of the block which is still shown at its original 525 acre area. In terms of Section 91 of the 1894 Act, no compensation was payable for the land taken Judge Ward's Minute Book , 155, Taranaki Minute Book 14. See Appendix 2(a). Knowledge of whakapapa of the region would be required to reconcile Judge Ward's title determination with the evidence provided by Ngarangi Katitia. 61 Plan 3 shows the Maori Land Court title divisions and the relationship of each block to the Patea River and the confiscation boundary. 62File note dated 19 February 1990 by G.G. Andrews, on Whanganui Land Court File 27/327, Rotorangi Correspondence. Maori 63NZ Gazette 1902, p2373.

25 In the late 1970s the then Egmont Electric Power Board undertook the development of a new hydro dam. The Board wrote to the Registrar of the Maori Land Court in Whanganui on 9 November 1977 seeking information on the ownership of three blocks of land which would be affected by the proposed dam, with the intention that negotiations be held with the landowners. These blocks were Rotorangi 1, the Kaihihi Maori Reserve and Section 8 Block II Opaku Survey District. 64 Rotorangi 2 was not to be affected by the dam and its associated flooding. Maori Land Court records show that the addresses of many of the owners in Rotorangi 1 and Kaihihi were not held. The Court wrote to those for whom addresses were held calling a meeting of owners to discuss the Power Board's proposal. Subsequent to that meeting, the Court Registrar made application under Section 73 of the Maori Affairs Amendment Act 1974 to have agents appointed in respect of both Rotorangi 1 and Kaihihi. The Court, on 7 June 1978, accordingly appointed Turi Brought on, John Heremaia, Nikorima Pirikahu and Nakata Taiaroa as agents of the owners of the two blocks for the purposes of "negotiating with the Crown or a local authority and generally take part in proceedings relating to the land.,,65 An undated file note on the Maori Land Court file states that on 25 February 1979, Nakata T.aiaroa (one of the appointed agents) had advised that an agreement had been reached under which land would be given by the Power Board in exchange for that taken for the dam. There is no further correspondence on the file until a copy of a letter of 21 January 1988, from the Power Board to the agents, proposing an arrangement under which an area of "at least " hectares would be provided as compensation for hectares of land to be affected by the dam and associated flooding as follows: 25 Kaihihi Part Rotorangi Section 8 Blk II Opaku SD ha ha ha ha Although it was believed that Section 8 Block II Opaku SD was actually Crown owned, there was some continuing uncertainty about ownership. The Power Board believed that the appointed agents considered the block to be customary Maori land, and that this was delaying agreement on a land exchange. In the event, and to allow a speedy resolution to title issues, the Power Board 64Maori Land Court Subsequent investigations "probably" Crown land. file 2/495/49 "Proposed Dam on Patea River." indicated that Section 8 Block 11 Opaku S.D. was 65 Copies Appendices of the minutes 5 (a) and 5(b). of the hearing and the Court order are at

26 26 (I proposed treating this block as if it were Maori owned, and compensating for its flooding by the transfer of other land in Power Board ownership. 66 On 17 May 1988 the Power Board wrote to the Maori Land Court seeking the Court's assistance in resolving issues relating to the land affected by the dam "... because the appointed agents are not responding to correspondence or personal approach even though we believe we have satisfied all of their requirements... " An extract from the Board's letter reads: On 8th August 1978 following your advice of the appointment of agents, we wrote to each of them and arranged a meeting to ascertain their requirements for settlement. On 24 June 1981 after discussion with Mr Pirikahu an offer was made by the Board of a suitable exchange piece of land on the lake shore and subsequently after lake filling we took at least 2 of the agents to inspect the area. There was a very positive response that the land would be suitable for exchange. In spite of several letters to the agents and discussions with Mr Pirikahu the matter has not proceeded and we are at a loss to know why. I believe that one of the matters which has complicated settlement was the disputed ownership of Section 8 Block II Opaku S.D. The agents have believed this to be an area of Maori Reserve whereas correspondence between the Maori Land Court, the Commissioner of Crown Lands, and our solicitors Welsh McCarthy and Co... has concluded that it is in fact Crown Land. The agents have been informed of this fact and also that the Order appointing them is in respect of Rotorangi 1 and Kaihihi Blocks only and not the Section 8 land. In our most recent correspondence... we have offered to compensate as if Section 8 was also under their jurisdiction but to date there has been no response. 67 Despite the Power Board's belief that a land exchange was acceptable to the agents of the Rotorangi 1 and Kaihihi landowners, Nikorima Pirikahu, who appears to have acted as spokesperson for the agents, wrote on 22 June 1988, in response to a Maori Land Court enquiry on progress on the matter, saying 66See letter of 21 January 1988 from Egmont Electric Power Board to the Court appointed agents at Appendix 5(c). It is interesting to note, although this was not raised until a later date, that the agents were appointed only for the owners of Rotorangi 1 and Kaihihi and had no specific powers in relation to other lands, including Section 8 Blk 11 Opaku SD. 67Letter of 17 May 1988 from the Egmont Electric Power Board to the Registrar, Maori Land Court, Whanganui. A copy is at Appendix 5(d).

27 that "I have had discussions with my fellow Trustees [sic] to the said Blocks, who in turn have requested that their [sic] shall not be any land transfer, which has been requested by the Egmont Power Board.,,68 In a later (5 December 1988) letter to the Court Registrar, however, Mr Pirikahu advised that he had been in contact with the General Manager of the Power Board, and had advised him that, while there appeared to be no problem with the proposed land exchange, he believed it necessary to consult with the landowners before any final agreement could be reached. Finally, on 27 January 1989, the Court Registrar wrote to the Power Board saying that he understood that the Board "was aware of the position" and that the Court would take no further action on the matter. Discussions with Egmont Power (which has replaced the former Egmont Power Board) and their solicitors indicate that a land exchange was successfully concluded and that the lake bed and surrounding areas of land have since vested in Egmont Power or as public reserve. The solicitors have been asked to provide details of the agreements reached and this information, when and if it is made available, will be forwarded to the Tribunal. 69 Other than the land taken from Rotorangi 2 for a roadway in 1902, and the effects on Rotorangi 1 of the land exchange with the Egmont Power Board the blocks remain unchanged and in the ownership of those who were originally determined to be entitled and their successors Copy at Appendix 5(e). 69See copy of 18 March 1996 letter, M Stevens to Welsh McCarthy, solicitors, at Appendix 5(f).

28 28 ( Pariroa F The claimant alleges that the Maori Trustee has failed to properly administer the lease of the Pariroa F block of 16 acres 2 roods 20 perches. This block is situated some 2 kilometres northwest of Patea approximately two thirds of the way from Patea to Kakaramea. It is rather long and narrow in shape, with its two longer boundaries being Pariroa Road on one side and the Whanganui-New Plymouth Railway line on the other. On 15 January 1991 a meeting of owners of the land was convened at Hawera, under the provisions of Part XXIII of the Maori Affairs Act 1953, to consider a proposal to lease the block to Mrs Valerie Ann Rei. Seven owners (or their proxy holders) representing of the total shares in the block attended the meeting. The Statement of Proceedings of the meeting produced by the Court indicates that the quorum required for the consideration of the proposal was shares. 7o Minutes of the meeting show that the prospective lessee's family had used the land for many years. Mrs Rei had herself leased the block for 10 years from 1 January 1980, and had continued occupying the land and paying rent to the Maori Trustee from the time that lease had expired to the time of the January 1991 meeting. During the meeting John Heremaia, one of the owners, reference to gorse problems in the surrounding area, and that Pariroa F was the only block where the gorse had cleared. made said been After some discussion of the level of rental that should be paid under the lease, the assembled owners resolved: That the land be leased to Valerie Ann Rei of Patea for a term of five years from 1 January 1990 with a right of renewal for a further five year period. The rental for the first five years to be $3,307 per annum. Rental for the remaining five years to be agreed upon between the Maori Trustee as agent for the owners and the lessee. Failing agreement to be by arbitration at the expense of the lessee. No compensation for improvements. The lease to be drawn on the Maori Trustee's standard form of rural lease suitably amended or extended as the Maori Trustee as agent shall agree upon. 7 Copies of the Report of the Proceedings, Minutes of the Appendix 6(a). Recording Meeting Officer, including the Statement and Owners' Resolution are of at

29 29 ( The responsibilities of the Maori Trustee in respect of leases under the provisions of Part XXIII are to act as agent of the landowners to execute lease documents, collect rental and to ensure the lessee adheres to the covenants of the lease. AS part of his responsibility to ensure compliance with the terms of the lease, the Maori Trustee's lease inspector visited the block in August 1989, a few months before the earlier 10 year lease was due to expire. In his report he notes that the pasture was in fair condition but that the fences were in variable condition. He estimated that fencing repairs and other minor work required to bring the property up to good condition would cost $2, No follow-up action was taken to ensure the required repairs were undertaken because, according to the Maori Trust Office in Whanganui, it was assumed that maintenance would be carried out within the new lease which was being negotiated at the time. 72 A further inspection of the block was carried out in October 1994, two months prior to the expiry of the first five year term of the lease agreed to by the owners at the Hawera meeting in January In that report the inspector described Pariroa F as: A small block used for hay and grazing dry stock in tidy condition except for most of the fencing which need upgrading preferably replacement before expiry. Run in association with other land near by grazed by Mrs Rei. In describing the fences, he stated that: Fences condition varies from fair to good outer perimeter boundaries only. There are no internal subdivisional fences. Railway line boundary fence needs patching up but we gather NZ Railways do not want to contribute towards. Road fencing requires general repairs and maintenance also the south east boundary fence which is very poor. Most of the fences are not up to the Fencing Act Standard minimum requirements. The inspector estimated the cost of remedying the breaches under the fencing covenants of the lease at $5,000. The Maori Trust Office wrote to the lessee on 29 February 1996 seeking confirmation that repairs had been completed, however no reply had been received as at 18 April Copies of this and a subsequent 1994 inspection report are at Appendices 6(b) and 6(c). 72Prank James, Manager of Maori Trust Office, Whanganui, in interview 18 April 1996.

30 30 ( The lessee has since been granted a renewal of the lease by the Maori Trustee for a further period of five years ending on 31 December In discussing their administration of the Pariroa F lease, Maori Trust Office staff advised that they have never received any formal representations from owners complaining about their actions or those of the lessee, although they had received verbal complaints from one person who is not listed as an owner in the block Prank James, in interview 18 April A list of current owners, provided by the Maori Trust Office, is at Appendix 6(d).

31 31 Asbestos The claimant alleges that the Crown and Crown agents have failed to ensure the proper and safe removal of asbestos from the former Patea freezing works and the Patea Hospital. Enquiries at the Ministry of Health and the Department of Labour indicate that legislation (and associated regulations) regarding asbestos focus on the potential danger to employees exposed to asbestos fibres in their workplace. Asbestos in places of work is controlled through the Health and Safety in Employment Act 1992, Regulations 1995, and the Asbestos Regulations There appears to be no specific legislative provisions governing asbestos outside places of employment. Where asbestos exists in a workplace it is the responsibility of the building owner or lessee to develop a management plan to minimise risk to persons employed' in the building. This may involve removal, sealing off the asbestos with other material, or restricting access to the affected area. The Occupational Safety and Health Service of the Department of Labour have produced guidelines for the management and removal of asbestos. These make it clear that asbestos removal may not be the best option for minimising asbestos risk as it may increase the risk of exposure. ) The Asbestos Regulations specify the maximum allowable level of airborne fibres that can be present in the workplace before action must be taken to reduce risk. The responsibility of the Crown in respect of the former Patea freezing works has not been ascertained. If the Crown is an owner or lessee of the property, it may have a responsibility to determine airborne fibre levels and develop a management plan in terms of the Asbestos Regulations. The former freezing works are understood to be privately owned and, if so, any responsibility for removal or containment of the asbestos is the responsibility of the owner. The Crown may, however, carry some responsibility if it, or one of its agencies, is a lessee of all or part of the property. If this is the case, the Crown, as lessee, would be required to ensure its employees were not exposed to unacceptable levels of risk within the leased area. The Patea Hospital is owned by a Crown Health Enterprise, Taranaki Health Care although it is understood that the property has been declared surplus and is to be transferred into a land bank pending settlement of the Taranaki Treaty claims. As owner, the Crown does have a responsibility to ensure that occupiers are not exposed to unacceptable level of airborne asbestos fibres. The building is apparently used by local youth and for Maori language classes, however whether this is a formal arrangement between Taranaki Health Care and the user groups has not been

32 32 ( determined. As owner, Taranaki Heal th Care are required to identify where asbestos products are located within the property, assess any likely risk, notify any tenants of the presence of asbestos and any action which may be necessary. The extent to which this has been done by Taranaki Health Care is uncertain. ( \

33 33 ( Summary Whitikau Native Reserve The record indicates that this block was created as a Native Reserve "after 1873" and was granted to named persons as an area of 15 acres in The issue of a Maori Land Court title, to an area of 13 acres 3 roods 20 perches, was not completed until many years later following a 1925 re-survey. The reduction in area was a consequence of sea erosion and/or a movement of the seaward boundary from the sea coast to the top of the sea cliff along most of the coastal boundary. No other alienations of the block are recorded on the Maori Land Court title and, if the reduction in area of the block between the original Crown Grant and the Maori Land Court title is the result of erosion, then the claimant is incorrect in his belief that the Crown has been responsible for the alienation of all or part of the land. Legal, if not formed, access to the block continues to exist and the claimant is again incorrect that the Crown has failed to safeguard access. Surrounding lands, as with Whitikau itself, formed part of the 1865 Taranaki confiscation and, unlike Whitikau, were not returned to Maori ownership but were Crown Grants to settlers or to the Patea Harbour Board. The surrounding lands were not, then, as believed by the claimant, taken under the provisions of the Public Works Act. Te Ngaio. Te POU a Turi, Omahu, Kaikaapo Local Maori believed that these lands, although taken under the Taranaki confiscation, were to be returned to Maori ownership. Records suggest that promises to this effect may have been made by Government, or at least that Government statements were interpreted by Maori that the lands would be returned. In the event, the lands were disposed of as follows: a) Te Ngaio was transferred as a Crown Grant to the Carlyle Town Board for use as a cemetery; b) Te Pou a Turi and surrounding lands (other than a small area set aside as an urupa) was transferred as a Crown Grant to the Patea Harbour Board; c) Omahu was transferred as a Crown Grant to the Patea Harbour Board; d) Kaikaapo was transferred as a Crown Grant to the Superintendent of the Province of Taranaki as an education reserve.

34 As a consequence of petitions by local Maori, Parliament appropriated the sum of 614 to be paid in full settlement of all claims by Maori over the properties, and the Maori Land Court determined that the Ngatitupito hapu of Pakakohe was exclusively entitled to this payment. The funds, as apportioned by the Court, were paid in full to those persons entitled, the last such payments being made in Rotorangi 2 Rotorangi 2 was not affected by the Patea River hydro scheme. Other than an area of ha taken under the Public Works Act for roadway in 1902 (without compensation) the block is as originally set out by the Court and owned by those originally determined to be entitled (or their successors). A portion of the adjoining block, Rotorangi 1, and another area of Maori land, Kaihihi, were flooded as a result of the hydro scheme. Prior to this happening, the then Egmont Electric Power Board negotiated a land exchange with agents appointed by the Maori Land Court to represent the owners of the affected lands. While details of the land exchange have not yet been provided by Egmont Power, it appears that this land exchange was completed. Pariroa F This block was leased, following a resolution at a formally constituted meeting of owners, to Valerie Ann Rei under the provisions of Part XXIII of the Maori Affairs Act 1953, for a period of 5 years from 1 January The lease, in accordance with the owners' resolution, carried a right of renewal for a further period of five years. In terms of the legislation, the Maori Trustee acts as agent for the owners to implement the terms of the owners' resolution and ensure compliance with the provisions of the lease. Reports by the Maori Trustee's lease inspector showed that the lessee had generally complied with the terms of a previous 10 year lease of the property, and was continuing to do so under the new lease. Breaches of fencing covenants were evident two months prior to the expiry of the initial five year term of the new lease but these were not sufficiently serious to refuse a lease renewal. The lease has accordingly been renewed for a period of five years from 1 January Asbestos As owner of the Patea Hospital the Crown has a responsibility to contain the risk of asbestos exposure to tenants of the property. It is unclear whether any formal tenancies exist or whether the Crown (through Taranaki Health Care) has taken steps to assess or contain the risk.

35 35 ( If a risk does exist it does not necessarily follow that asbestos may be removed as such action may increase the risk of exposure. Instead the risk may be better contained by sealing or isolating the affected area. Unless it is a tenant or an owner I the Crown has no legal responsibility in respect of the former freezing works.

36 36 Conclusions ( In regard to the claimant's allegations: a) The record shows that the 15 acre Whitikau Native Reserve reduced in area by 1 acre 20 perches between surveys made in 1883 and While the record suggests that this reduction in area was the consequence of erosion, it is possible that a minor survey adjustment from the sea coast to the top of the cliffs as the seaward boundary may also have contributed to the reduction. No legal alienations are recorded on the Maori Land Court title and the block remains owned by the successors of the original grantees. b) Legal, although not formed or otherwise defined access to Whitikau exists along Powerhouse and Manawapou Roads. c) Whitikau and the surrounding lands were confiscated by the Crown under the provisions of the New Zealand Settlements Act Although Whitikau was returned to Maori ownership, the surrounding lands were transferred by Crown Grant to non-maori ownership. d) Te Ngaio, Te Pou a Turi, Omahu and Kaikaapo were similarly confiscated under the New Zealand Settlements Act 1863, and were transferred by Crown Grant to various public authorities. On the basis that Government may have given undertakings that these blocks would be returned, 614 was paid in full settlement for all claims over these blocks to those persons determined by the Maori Land Court to be entitled. e) Rotorangi 2 was not affected by the Patea hydro scheme and (other than an area taken for roadway in 1902 and ownership successions through the Maori Land Court) the title is as originally determined. f) Pariroa F is leased in accordance with a resolution of a formally constituted meeting of owners, with the Maori Trustee acting as the owners' agent. While minor breaches of covenants exist on the lease, these have not been sufficiently serious for the Maori Trustee to refuse a lease renewal in accordance with the owners' resolution. g) All lands in the district were taken under the Taranaki confiscation. It is possible that there are areas which were returned to Maori ownership, then taken under the provisions of the Public Works Act, however it has not been possible, in the absence of more detailed information, to determine whether this is the case. The claimant, in his claim, refers to an old cemetery which he believes was taken without compensation. It is possible that this is the urupa area of 13 perches which was

37 reserved from the Crown Grant of Section 73, Suburbs of Patea, to the Patea Harbour Board, and which is now within the land area occupied by the Patea Golf Course. It has not been possible to determine the current title position of this urupa. h) It has not been possible to fully determine the Crown's responsibilities in respect of asbestos within the former freezing works. The Crown has a legal responsibility only if it is an owner or lessee of the property, and it appears that it may be neither. The Crown, as owner, has a legal responsibility to ensure airborne asbestos fibre levels in the Patea Hospital are below those required by Regulation, but only insofar as fibre level are a risk to employees or tenants. Where such a risk does exist, containment may be preferable to removal. 37 Matters for Further Enquiry or Consideration The following matters have yet to be determined or may be deserving of further enquiry or consideration by the Tribunal: ) a) Whether compensation for Te Pou a Turi should have been included in the funds appropriated by Parliament as compensation for the Patea Reserves, but was incorrectly omitted as a consequence of erroneous advice from the Under-Secretary for Lands. b) Whether the assessment of 614 as compensation for the Patea Reserves, based on the sum of 2 per acre, was adequate given the Commissioner of Crown Lands' estimate of the value of the four areas of land at 6,455. c) The current title position of the urupa of 13 perches excluded from the area Crown Granted to the Patea Harbour Board in The Department of Survey and Land Information have been unable to locate any title for the area, and the Maori Land Court is currently attempting to determine whether any Maori Land Court title exists. d) Details of the final land exchange agreements reached between the agents for the owners of Rotorangi 1 and Kaihihi and the Egmont Electric Power Board. The Egmont Power solicitors have been asked to provide these. e) Whether the Crown is an owner or tenant of the former Patea freezing works (and it appears that it is not); whether the freezing works is subject to any formal or informal tenancies; whether the Patea Hospital is subj ect to any formal or informal tenancies; and, in the event that any tenancies do exist, whether the Crown is complying with its responsibilities as owner under the Asbestos Regulations.

38 ( I APPENDICES

39 ( I APPENDICES

40 Document Index Wai 419: Ngati Ruanui and Pakakohe Lands Appendix Pages Description 1 (a) 1-2 Direction Commissioning Research 2(a) 2 (b) 2(c) 2(d) 3 (a) 3 (b) 3 (c) 3 (d) 4(a) 4(b) 4 (c) 4(d) 4(e) 4(t) 4(g) 4(h) 4(i) 4(j) 4(k) 5 (a) 5 (b) 5 (c) 5 (d) Taranaki Minute Book 1-25 Transcript of 20 Taranaki Minute Book Whanganui Appellate Minute Book Transcript of 9 Whanganui Appellate Minute Book Crown Grant, Whitikau Native Reserve Freehold Order, Whitikau Native Reserve Memorandum of 30 January 1932 from Chief Surveyor to Registrar, Native Land Court, Whanganui, with Plan 1065N of Whitikau Native Reserve Map dated 1900 showing waste land adjoining Whitikau Native Reserve Memorandum of 16 September 1908 from Chief Surveyor, New Plymouth to Under-Secretary for Lands Memorandum of 29 September 1908 from Commissioner of Crown Lands to Under-Secretary for Lands Certificate of Title A Memorandum of 27 February 1911 from Commissioner of Crown Lands, New Plymouth, to Under-Secretary for Lands Crown Grant to Patea Harbour Board of Section 73, Suburbs of Patea, showing exclusion of urupa Certificate of Title H2/643 Certificate of Title C2/1330 Certificate of Title B2/42 Memorandum of 29 June 1939 from Department of Lands and Survey, Head Office, to the "Chief Clerk" Memorandum of 11 November 1935 from Under-Secretary for Lands to Registrar, Aotea District Native Land Court Memorandum of 1 August 1939 from Chief Surveyor to Under-Secretary for Lands 83 Taranaki Minute Book Court Order appointing agents to represent the owners of Rotorangi 1 and Kaihihi Letter of 21 January 1988 from Egmont Electric Power Board to Agents for Rotorangi 1 and Kaihihi owners Letter of 17 May 1988 from Egmont Electric Power Board to Registrar, Maori Land Court, Whanganui

41 5 (e) 9 Letter of 22 June 1988 from Nikorima Pirikahu to Maori Land Court, Whanganui 5(t) Letter of 18 March 1996 from M Stevens, to Welsh McCarthy, Solicitors 6(a) 1-7 Report of Recording Officer, Pariroa F Owners Meeting held 15 January (b) 8-11 Lease Inspector's report on Pariroa F, August (c) Lease Inspector's report on Pariroa F, October 1994 d(d) Current schedule of owners, Pariroa F ( )

42 a) Direction Commissioning Research APPENDIX 1

43 ,0 ;? C I C! Q f_. I ::t Q W ' c "5. WAITANGITlUBUNAL CONCERNING the Treaty.of Waitangi Act 1975 / AND CONCERNING a claim by Tamawher.o Kiri.ona relating t.o Ngati Ruanui and Pakak.ohe lands DIRECTION COMMISSIONING RESEARCH 1 Pursuant to clause 5A(1).of the second schedule,ofthe Treaty.ofWaitangi Act 1975, the Tribunal c.ommissi.ons Michael Stevens.of Auckland t.o c.omplete.on behalf.of the claimants a research rep.ort f.or this claim c.overing the f.oll.owing matters:. ( (a) (b) (c) (d) (e) The alleged acti.ons.of the Cr.own whichmay have led t.o the alienati.on.of parts.of the Whitikau Native Reserve, (TAR 84/186, MLC 1126) the alleged failure.of the Crown t.o safeguard access t.o the Whitikau Native Reserve which has n.ow bec.ome landl.ocked the alleged acti.ons.of the Cr.own in the acquisiti.on.of land surr.ounding Whitikau (which f.ormed part.of a Cr.own grant under the West C.oast Settlement Act), by the Public W.orks Act, t.o f.orm part.of the Patea Harb.our Reserves, and the leasing.of that land f.or farming by.other than the.original inhabitants the alleged failure.of the Crown t.o safeguard Ma.ori interests in the acquisiti.on under the Public W.orks Act.of the f.oll.owing: Te Ngai.o, secti.on 8 bl.ock ViI Carlyle S.D..of39.5 acres, Te P.ou a Turi, c.ontaining approximately 43 acres and situated at the m.outh.of the Patea river, Omahu, pt secti.on 2 bl.ock VII Carlyle S.D..of 27 acres, and Kaikaap.o, pt secti.on 59 bl.ock VI Carlyle S.D,.of approximately 240 acres. the alleged failure.of the Crown t.o prevent the alienati.on.of R,..ot.orangi , the site.of the l.ocal hydr.o dam.

44 page 2. Wai 4~9. Stevens. Page 2. The alleged failure... '" (t) (g) (h) the alleged failure of the Maori Trustee to properly administer tht: lease ofpariroa F block (16 acres,2 roods, 20 perches). whether other cases exist, such as the land taken under the Public Works Act for the Patea dump, and the old cemetery, where the land was taken without adequate discussion with the rightful owners, and where either no compensation was paid, or compensation was not paid to the rightful owners. the alleged failure of the Crown and Crown agents to ensure the proper and safe rem9val of asbestos from the former Patea freezing works and the Patea Hospital. 2 This commission commences on receipt of written confirmation of the commissionee's acceptance of the terms and conditions of the commission. 3 -The commission ends on 10 May 1996 at which time one copy of the report will be filed in unbound form together with an indexed document bank and a copy of the report on disk. 4 The report may be received as evidence and the commissionee may be cross exaniined on it. 5 The Registrar is to send copies ofthls direction to: Michael Stevens Claimants Counsel for Claimants Solicitor General, Crown Law Office Director, Office of Treaty Settlements Secretary, Crown Forestry Rental Trust Director, Te Puni Kokiri \ 1:;-." day of February C' Judge~urie Chairperson WAITANGITRIBUNAL

45 APPENDIX 2 a) b) c) d) 20 Taranaki Transcription 9 Whanganui Transcription Minute Book 1-25 of 20 Taranaki Minute Book 1-25 Appellate Minute Book of 9 Whanganui Appellate Minute Book

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71 [1] ( EXTRACT FROM 20 TARANAKI MINUTE BOOK, FOLIOS 1-25 Court House, Patea Wednesday, March 13th 1912 Present: J.B.Jack: Judge Tukere N Teanga, Clerk & Intpr Patea Reserves Compensation Case Special Case to determine persons entitled, and in what shares, to an amount of 614 appropriated by Parliament for payment as compensation in full to the native tribes for the following lands, claimed to have been tribal lands which should have been re-invested in the native tribes after the West Coast Commission of 1880/2: Te Pou a Turi Te Ngaio Omaahu (Toreapua) Kaikaapo 43 acres, 39~ ac 27 ac 240 ac mouth of Patea River Sec 8 bk VII Carlyle Sec 2 bk VII " Sec 59 bk VI " An order in Council under Sec 25 of Native Land Court Act 1909 was issued on 22/12/11 conferring jurisdiction on the Court to make the necessary enquiry and determination. Mr Carrington appeared for Lands Dept. Tutangi Waionui appeared for Ngatitupito Hapu Mr S J Jackson appeared for Ngatitako hapu Mr Carrington said he could not help the Court to determine who are the proper persons to receive the money. Court therefore intimated that each hapu should [2] conduct its own affairs. Ngarangi Katitia said he appeared for the owners of the land who were occupiers from the ancestors till the titles were granted & sometimes more recently. Tutangi handed in a letter to the Court stating their view of matter [This letter was read to the natives present]. The letter stated that the natives agreed to accept compensation but also desired to retain their urupa out of Te Pou a Turi. Court pointed out that it had nothing to do with any urupa reservation: the compensation offered was in settlement of all claims for the lands mentioned. Tutangi said he had handed in to the Minister a list of names of the people whom he considered entitled to the moneys & the shares. [List & letter to Minister read out by Court] Ngarangi Katitia objected to the list going in for all the lands except Kaikaapo. I have no objection so far as Kaikapo [sic] is concerned.

72 Mr Jackson on behalf of Tupatea & Ngatitako hapu objected to the list, so far as it affected Te Ngaio. Ngarutahi objected to list as others besides those in list were entitled to all the four blocks. Court adjd till 2pm to enable parties to confer as to the names to go in the lists for the compensation moneys. On resuming at 2pm it was stated that no arrangement had been arrived at. Ngarangi Katitia said the adjournment had not allowed [3] them sufficient time to discuss the matter fully & the therefore asked for a further adjournment till next day. The Court in agreeing to an adjournment stated that a basis of settlement could possibly be found in the lists of names inserted in the West Coast Commission Reports for adj acent lands, and the Court would have particular regard to those lists in determining the rightful owners as those lists were prepared when Maori ownership was more clearly understood than now. It appeared that these pieces of land were purely tribal not individual holdings in the old days, otherwise the individual ownership would have been properly prosecuted before the W.C. Commission. Court adjd till next day at loam. f \ Thursday 14th March 1912 Court resumed at 12 noon, same place, same constitution [4] Patea Reserves Compensation Case Mr Jackson stated that no arrangement had been arrived at since yesterday. Tutangi had stated that he had a case on his own & would not agree to admit the other claimants. Ngarangi agreed with this statement. Court intimated that being so each side must prove its case. It was agreed that Tutangi should begin. Tutangi Waionui said on oath. He lived at Pariroa [5] my hapu is Ngatitupitoj I have been fighting for this land or compensation for 7 years past. In 1880 those who I considered rightful people to these lands assembled in the house, before the West Coast Comm rs The lands discussed were those from Waitotara

73 to Hawera & we discussed particularly from Patea mouth to Pipipi past Whitikau on the sea coast, inland to Kopango (near Mr Pearce's house) along Puterata [?] boundary to Otoia & to the right bank of the Patea River, thence to the sea along the river. Taurua had the arrangements of the lands on the other side of the river for Komene Ngapeki [?] & Ngairo from Patea to Whenuakura. Haumatao, Tumahuki, Tokorangi & Tupatea had the lands immediately N-West of the district I represented. Rangihaeata & Matiu had Mokoia & district. On 29/3/80 we reassembled here. I asked then we should get lands returned & moneys. The Comm said it could not grant moneys. Otoia block was granted to 12 owners of Ngatitupito. Te Moanaroa asked Sir D. McLean in 1875 to return that land. It was then given to him, but grant not issued till later, area 1200 which was originally part of a big block called Mokoia. Te Moanaroa died 1877 [?]. I became leader after him. I refer for fuller particulars to the West Coast Comm Report of 1880, G2, 1880 p34 & 42. I point out that the chiefs of the other lands referred to did not dispute my rights. The Comm put the 12 names in Otoia, they were the occupiers of the land. I had rights in Taumaha & Mokoia also, but at the request of the Comm stood out. The Comm awarded me & 12 of us Whitikau near Kaikaapo. After that I applied to have Pariroa returned. In 1892 I made the appln & it was given back in When the Court investigated Pariroa I included all the Ngatitupito. At the hearing of that case Tupatea & others [6] tried to be included unsuccessfully. They appealed, & the appeal was dismissed. Taurua' s people made no claim to Pariroa. I maintain the Ngatitupito is the only hapu entitled to these lands. Case adjd till 1.45pm Resumed at 1.45 Tutangi said he did not think it necessary to give the ancestry. The ancestry of Ngatitupito is in the Court's records of the Pariroa case. I included in my list for Pariroa some names of the Ngatiringi. Ngatiringi have only 4~ acres in Pariroa - no other land. They had land at Pukerata but sold it. Some of the representatives have other lands but not through Ngatiringi. To Court: The four sections are exclusively Ngatitupito. No other hapu had any share or interest in them. I am quite sure the boundaries mentioned as being the Ngatitupito lands were understood by the chiefs at the meeting with the W.C. Comm in Kopekope was present at that meeting. Taurua's people used to fish at Te Pou a Turi like others, but his home was on the other side. The land now a pilot station was Taurua' s & his ancestors home. It was Crown granted to Ngawaka Taurua. I believe he received 100 for that place. To Ngarangi:- Tutangi said he was not discussing canoes. One belonged to Mangu of Ngati[?]. These canoes went out in 1873, I think you knew of the meeting in At that time Ngarangi was not leader

74 [7] then. Taurua was. Matangira (house) was on the other side Patea & belonged to the people of that side. I remember fishing myself at Whitikau in I did not live there before that year. Maruera & Moanaroa were not at Whitikau in Mangatihi was my canoe I took it to Whitikau. I had two canoes one to Tutere & 1 to Mawhiti, 4 in all. As a result of my using the beach Whitikau was granted to us. I know where Taporoporo is. A ~ acre there was given to Rangitawhi. I remember canoes being assembled there. I know my father had a right at the mouth of the river on Te Pou a Turi. The reason I went to Whitikau was that because it is a better landing site than Te POU a Turi. Omahu is correctly named. Toreapua is a different place & you can claim it if you wish. Toreapua is nearer Pariroa. Hinepounamu on the other side of the river was the woman of most mana in the Patea Dist. Her mana did not extend across the river. To Maui Onekura:- Te Moanaroa had no right to the lands within the boundaries as a Ngatiringi. Ngatiringi's lands were inland of Otoia. Really Ngatiringi has no right in Pariroa, but some of them were included out of aroha at Ngahoata's request. You were one so included. To Tupatea: I mentioned once that I had a paper showing that the lands in question were known as Otoia. I understand Otoia was taken out of a large block called Mokoia. I understood that the owners of old Mokoia block were Pakakohe & it was at Moanaroa's request that 1200 acres were taken out of Mokoia & granted to Otoia owners by the Government. The reason I was not given lands under my own ancestors was that the Commission & the Court made the arrangements of the grants. Ngatitupito had no lands beyond the boundary of [8] Pipipi & Otoia. The Ngatitupitos who have lands outside of these boundaries got there on other lines. I know the house Te Ngaio belonged to Takou. Takou went to Waingongoro & died there leaving issue. Tupito was an ancestor & had issue Haimona. Haimona' s descendents called themselves Ngatitupito. Tupito received the mana after Takou left. Tupito lived over 150 years ago. I know all these lands are of the Ngatitupito tribe. I do not know that Turi lived on all the lands. He lived only at Te Pou a Turi. The elders of Taumaha present at the meeting of 1880 were Haumatao, Tokorangi & Tumahuki & I think Tupatea was present. It was customary then to assemble at the meetings of the Comm. I admit the Taumaha people were at Parihaka in 1881, but they were present at the meetings in To Wi Kauika: The Court knows that the names in my list before the Court are owners in Mokoia & Taumaha, that I think is the reason for the Court's statement yesterday. I would object to this compensation being divided amongst all the owners of Mokoia, Taumaha, Otoia &c. The boundaries of Pakakohe were from Patea to Tangahoe. It was not through Pakakohe that 1200 ac were given to us, in Otoia. Te Moanaroa asked McLean's Govt to give us Otoia & we got it. To S.J.Jackson According to tribe Pakakohe extends from Tangahoe to Patea, not to Whenuakura. I don't know who gave the Comm this information. Ngatitupito was a hapu within the Pakakohe. I made appln before the Comm for land within the boundaries I have

75 described. I know some persons who should have been included in Otoia but they have [9] land elsewhere in Taumaha & Mokoia. I don't my relationship to Peti Ruri [sic]. I remember she married my brother Tamawhero but they parted. I don't know her take in this district. Kopekope Taua on oath said I live at Pariroa. From Patea to Pipipi to Opango to Otoia to Patea River & then to the sea, these are the boundaries of the lands of Haimona & Tamakehu. Tupito their father divided this area for these two. The tribe name for the land is Ngatitupito. From that time till now this is the first time I have heard foreigners coming in claiming this land. I have lived here all my life, I am now 60 years. I have a right outside of this district thro my mother, my father came thro Haimona. My mother was Ngatitakou of Taumaha. My father had rights in Mokoia too. Tamakehu got the land in the North West now the land of Ngatitakou & Taumaha &c. I support Tutangi's evidence. Taurua's people have no rights on this side of the river. He belonged to Ngatihine of Ngarauru. To Tupatea. Haimona is Ngatitupito, Tamakehu is Ngatitakou. Takou is a tribal name for the descendents of Tamakehu. I know Te Ngaio house belonged to Takou. He went to Waingongoro & then the descendents lived on the land, ie the children of Haimona. They did not live in the house. It was probably "pakaru". I admit that Takou No 2 & Ikaroa were killed fighting at Te Ngaio fighting the Pakeha. They did not die in the house, they united for warfare against the pakeha. The house was Takou's. To Ngarangi: As a child I understood that Taurua belonged to Ngarauru. I admit the whakapapa of Taurua is correct. To Maui Onekura I know the tribes put in Pariroa [10] they are Ngatitupito & Ngatiringi, the latter were included out of aroha at suggestion of Ngahoata. Only a few were included, out of aroha only & no take. I did not appear before the Pariroa Court. Mateao, Te Waka Taparuru & others tried hard to get included but were unsuccessful. If Ngatiringi had got in by take all would have been included. I did not see any claim to Pariroa by the descendents of Taurua. The tribes of Moanaroa are Ngatitupito & Ngatiringi. To Mr Jackson: the lands of Ngatiringi were inland. They are all gone to the pakeha by confiscation. Ngatiringi owned Pukerata. It was sold probably by Taonga. Ti Wi Kauika: Some of Pakakohe have rights to this compensation: others have none. Pakakohe is a tribe: some of its hapus have rights which others have not. To Court: Peti Ruri claims as a Ngatitakou. She is not a Ngatiringi nor a Ngatitupito. To Tupatea: We are descendents of Takou the elder who owned the house on Te Ngaio. Tupi to Maruera on oath said: I support the evidence of the previous witnesses. Since childhood I have heard of the boundaries mentioned of Tutangi which are sacred to Maoris.

76 To Maui: I can't show the kainga of Ngatiringi at Pukerata. I only heard they had land there. I understand Taonga sold Pukerata. I am 36 years of age. To S.J. Jackson. I don't know Peti Ruri's whakapapa in Ngatiringi. I have never heard of her being a Ngatiringi. To Tupatea: The old Mokoia block belonged to Pakakohe it was divided amongst the several hapus of Pakakohe. [11] The descendents of Tamakehu all understood the boundaries. Paraone Tutere died when I was a child. I don't know his hapu. I know he had land near Otoia at Paipaira. If he were Tupito's descendent he would have been put in the big Otoia block. This closed the case for Tutangi's claimants. court adjd at 5.30 till 9.30am next day. Thursday [sic] 15th March 1912 Court resumed at 9.30am Present same: Place same Patea Reserves Compensation Hokianga on behalf of Te Pakakohe called Tupatea Haumatao. Hokianga is now acting for all claimants except 'Tupito. Tupatea on oath said I live at Manutahi. I am one of Pakakohe hapu. The Mokoia lands were given back to Pakakohe in 1867 [?] by the Crown, area about 6000 acres. The area of Mokoia now is 4800 acres only. The balance of the 6000 acres is in the Otoia block 1200 acres. The mana of Ngawaka Taurua had mana in Ngarauru & in Pakakohe equally on both sides. I know Taumaha. It is the land of Ngatitakou hapu part of Te Pakakohe tribe. Taurua was the mana under which all the lands from Whenuakura to Manutahi were returned by the Govt. He got no share in the land [12] himself. The Otautu [?] block was granted to Pakakohe under Taurua's mana, it is across the river. The Govt made no special grant to Ngatitupito. It was asked by Moanaroa through Taurua that Govt should return land to Ngatitupito after their return from prison. The land given was the 1200 acres now called Otoia. Te Ngaio was the name of the house owned by Takou. His right to the land where the house stood was dual ancestral & ownership of the house. Kaikaapo was the name of the house, used as an assembling place for instruction in whakapapa of Turi' s descendents. "Te Pou a Turi" & the house at Kaikaapo have the same mana. I [sic] was through their mana that the reserves were made at Omahu, Kaikaapo, Te Pou a Turi & Ngaio. Te Moanaroa lived at Te Iiro [?] about after their return from prison. Te Iiro is near Otoia. They lived at Otoia before going to prison. Te Iiro is now

77 owned by Pearce. I do not know whether it was due to want of support by Ngawaka Taurua that Moanaroa did not get Te Iiro granted. I do not know Ngatiringi whakapapa. They live with Ngatitupito. I know Pukerata was sold. Ngatiringi & Ngatitupito got the money. The elders who sold were Maruera, Moanaroa, Moke & Paraone Tutere. The latter was the only representative of Ngatitakou. I understand when Ngatitupito get into land Ngatiringi are also included. I know the Ngatitupito hapu. Even now Ngatiringi as well as Ngatitupito are in Otoia. The following is the whakapapa of Ngatitupito & Ngatitakou. Takou === Tapuikura[?] ~I I ~I Tutekironake[?] === Tukuwahei[?] Tupatea I Tuwahukipa[?] === Apatoia I Tupito === Ponahi[?] I----~I----~I------~I Haimona Tamakehu Hinemaweru another (Ngatitupito hapu) (N'Takou) (Left-bank Patea) [13] A place on this side of the river where Hinemaweru was married was granted to Taurua, now called Taporoporo. To Tupito Pakokohe was a tribe not a hapu. There were several hapus in it. A chief in one hapu has no say in the affairs of another hapu, but all hapus are under the chief of the tribe. I am chief of Taumaha. There are no Ngatitupito in Taumaha. Those who are in Taumaha go in through ancestry. Whero is in Taumaha, he is Ngatitupito. He married Mata, she is Ngatitakou. He was not included for aroha. Tumahuki Tokorangi [&?] put the names in Taumaha block. I do not know who died & were buried at Te Ngaio. I only have heard some were buried there. Those who died did not live in Takou's house. Tutere Paraone got Paipairu with Te Oi[?]. I do not know that she got this land because she married Huirangi. I heard after the Pariroa case that Tutangi was claiming these lands. I have made appln during the last two years. Pariroa case many years ago. I have not heard of the hapu boundaries in Pakakohe. When Takou went to Waingongoro he was driven out by a Maori dispute. He did not return. I have heard the boundary of Ngarauru is Patea. Te Pipipi was the boundary between Ngatitupito & Ngatitakou. I made a claim to Pariroa at Hawera, and did not succeed. I appealed & lost. (To Court) The Patea river is the boundary between Waiotueri[?] hapu & Ngatitupito. Ngarangi Katitia on oath said I live at Patea. I know all these lands, Omahu being known as Toreapua, Otautu, Hukatere, Taranaki-iti, & Putahi Ruapohatu Haututu, Motukuroa[?], Te Oho are the lands of Pukorokoro Hapu. It was at Taurua' s request that Moanaroa got Otoia.

78 [14] Toreapua is a fishing place. The real Omahu is a hill, not the land mentioned in this case. It was through Taurua's influence that he got Kuranui granted. His brother Rangitapui got land at Taporoporo. He applied for these sacred places in the days of Richmond & McLean. In Rotorangi two divisions, Ngatiringi & 'Tako[?], & 'Tupito. Taurua's mana extended on both sides of Patea river. I do not know when Ngaitakou first became a tribal name. I make claim to lands for descendents of Taurua & his people. The descendents of Takou remained when he went to Waingongoro. Ngatiringi & Ngatitupito are one hapu. In sharing land they share together eg Otoia & Pariroa. I never heard that Moanaroa got Paipairu for Tutere Paraone. Tutere moved for it himself. I know Peti Ruri. I don't know her whakapapa. But have heard she is a cousin of Whero. To Tupito: Taurua was a rangatira of Ngarauru as well as of Pakakohe. I don't know whether Kiriona left issue or whether he was a chief in Taurua's time. The first I heard of the claim to these lands was at [?] after Maui & Tupatea's petition. Had I seen the matter before I would have helped Tutangi. I heard of the case about Pariroa but did not attend the Court. At that time I did not know Taurua's whakapapa. I claim under Takou. The eel weirs belonged to Taurua & several of us. Other chiefs had a right to that pa. Tautokai [?], Ranginoewa [?], Patea & many others used the eel pas. Taranaki-iti was not given as compn for eel weirs. Taurua got 500 acres in Wharetuku [?] & 500 in Taranaki-iti for allowing the destruction of the eel pas, to help the harbour works. I heard that Taurua applied for the sacred places in 1867, & Richmond agreed to give them. I was present several times before W.C. Comm. at Patea. I heard Tutangi asking for a large interest in Otoia [15] but Ramapiripiri objected. I did not hear any boundaries agreed on other than Otoia. Court adjd till 1.30pm 1.30 Te Ngarutahi on oath said my true kainga is Whenuakura, sometimes I live at Manutahi. Taurua was the chief of Pakakohe, others were Tamahiku & Kiriona. I did not know others. Pakakohe extended from Tangahoe to Whenuakura. Haumatao & Rangihaeata were chief s of Pakakohe. Taurua was the chief who conducted the dealings with the Govt. The mana of Taurua was this Patea the river, Taurua the man. Kiriona's last word to his people after Pakakohe were defeated at Te Ngaio was a waiata for those who fell at Te Ngaio, including the words "sleep ye in the house of Takou, who brought you up." Hinepounamu had much mana in Patea. I am of Ngatitakou from Hinemaweru. Her descent is as follows. I come from Ma tohe [?]. I can [?] the whakapapa. I knew Te Ngara-apatuna[?]. Taurua used that pa from 1875 till he died. To Tupito: Pakakohe was a tribe: not a hapu. N'Tupito is a subtribe of it. Kiriona was a rangatira maori. He was Ngatirangipatoto[?]. Kiriona's mother was a sister of Tutangi [?]. Kiriona left all pakeha negotiations to Taurua. The feast of Taporoporo was held at Mataara, & afterwards they came to

79 ( Taporoporo on this side of the stream. Mataara is on the other side of the river (left bank). Three people of Ngatitupito were -killed in a fight prior to this feast. We are the descendents of Hinemaweru & got our Crown grants on both sides of Patea. We are not in Otoia, nor into Pariroa. Hinemaweru had no right to Pariroa but that is different to this case. The reason was there were boundaries betweem Haimona & Hinemaweru. I know of no descendents of Hinemaweru on this side of the Patea river. [16] Ngatitupito had this side of the Patea river. I know of no boundaries of Ngatitakou. The Ngatitakou who got Taumaha was a sub hapu of Pakakohe. I don't know of any [?] of Hinemaweru by which it resulted she got us land on this side of the river. Omaru river was a boundary between Haimona & Hinemaweru. Kiriona was the chief of Ngatitupito the lands being at Otoia. I have heard that Te Pipipi was the boundary between N'Takou & Ngatitupito. Taporoporo granted to Taurua is 2 acres. Can't deny that the grants of 1880 were correctly based. Reexam by Hokianga. Takou ancestor of Tupito dwelt in Te Ngaio. I can't point out where Hinemaweru used to live on this side of river. I claim that all descendents of Takou should get these lands. Te Onekura Rangihaeata on oath said I live at Meremere. The hapus in Otoia are Ngatitupito & Ngatiringi. The same hapus are in Pariroa. They have equal rights. I am of Ngatiringi, but my name was not admitted. I knew that Otoia was leased by Tutangi to Turner years ago, I signed lease & received rent. The reason Taurua got Kuranui Te Maire & Taporoporo was because they were old residence places. I know Aorangi in right bank Patea river. It was granted to Hapairangi, Irihapeti & Te Purei Mawhiti & Tumuti[?], about 15 miles inland. The names were put in by the Comm. It is an urupa. Kawhaiti is on this side of the Patea. Owned by Taurua & others. Peti Ruri is of Pakakohe. Hemi Hautu begat Peti & a brother. To Tupito. I am a descendent of Rangihaeata. I claimed under Ringi in Pariroa. The boundary given by Tutangi is of the Ngatitupito & Ngatiringi. The boundary was correctly given. I know of no other hapus within that boundary. Taonga was the member of Ngatitupito who [17] received money for Pukerata. I have heard that Taonga was Haimona's descendent. Taonga was of Ngatiringi. To Court: I believe the Patea river was the boundary of Ngatitupito & Ngatiringi. I know Taurua had mana over land within the area. I do not know of any of Hinemaweru I s descendents, except Taurua getting land within the boundaries of Ngatitupito. This closed evidence. Hokianga addressing Court points out that the mana of the land was Taurua' s; that Omahu & Toreapua are different places, Toreapua being the correct name of the land mentioned in case as Omahu. Before imprisonment parties lived on either side of Patea. Taurua asked for lartd from Govt on both sdes of river. I base my

80 ( case on Taurua's mana. References to Taurua's mana G p.36 par top of page 42 par 591/ appendix E p8 Letter 8 Tupito addressing Court: Submits no difficulty in case. Witnesses in other side admit boundaries we claim. Taurua [?] chief of Ngarauru. Kiriona & Iraia hapu chiefs. Claimants can't go back to Takou as a base of claim. Pariroa case decided that. Ngatiringi's rights were not admitted as a right in Pariroa. Refers to minutes of Pariroa case. Te Pou a Turi an urupa of Ngatitupito only. Buried at Te Ngaio are those who fell in war. Case adjd till 28th March at 10.00am. In meantime Court to look up W.C.Comm Records & judgement in Patea case. Decision as to hapus entitled to be given then. Thursday 28th March 1912 Court opened at Patea Courthouse at 10.45am Present J.B Jack Judge Tukere Te Anga Interpreter [18] Interim decision given (as in page 20 - except last 2 paragraphs) Patea Reserves Compensation Case In reply to enquiry of Court Tutangi stated that Hokopaura Hinerangi [?], Nganeko Herewini, Te Aorere, Taikirangi & others in a list to be handed in were Ngatiringi & not Ngatitupito. Tupito explains position of N'Ringi & Tupito re Pariroa case. A piece of land called 11 Tukuparae11 was included within the boundaries of Pariroa 4~ acres in area. Balce of "Tukuparae" out of reserve. Tukuparae belonged to N'Ringi. Hokopaura was the chief of N' Ringi. "Tukuparae ll was gift land to Ringi from Tupito, hence the name. Balce is now Harbour Board. This is the sole reason why Ngatiringi were included in the award. Ngarangi said Tukuparae was not included in Pariroa (but admitted that part of it may have been): I heard that Ngatiringi & Tupito are one hapu & that is why some of N'Ringi were included. I don't claim as a N'Ringi. Maui Onekura said the 4 acres of Tukuparae is a school site, but admitted it was taken out of Pariroa & given to the Pariroa natives. Hokopaura was included because N'Ringi & Tupito were practically one tribe. Maui called Ngahoata in support of his case for N'Ringi.

81 ( [19] Exd by Maui. On oath Ngahoata said: I knew Hokopaura. He lived with me at Pariroa. The reason Hokopaura was included in Pariroa, because Ngatiringi were entitled to 4 acres & on a/c of aroha. That was my understanding from that time till now. I don't know why Hokopaura always lived with me. [Crossexamined by Tupito]. The 4 acres included in Pariroa belonged to Ngatiringi. I have the same feelings of aroha to the Ngatiringi now that I had before. I wish them included in this case also. They have no right in present case. Their only right in Pariroa was to the four acres. Ngarangi Katitia on oath (by Maui) said I knew Hokopaura. I know he got into Pariroa because he was an' Ringi, & because Hokopaura supported Tutangi in the case at Hawera. I knew N'Ringi & Tupito lived together practically as one tribe. Hokopaura is a relative of Tutangi as N'Ringi and as Tupito. [Crossexamined by Tupito]: N'Ringi & Tupito have been known as one tribe. I knew this before the Pariroa case. By Ct: I don't know of any land of Ngatiringi as Ngatiringi. I don't know land called Taranaki inland of Otoia. [By Tupito] Tutangi Waionui on oath said I knew the ancestor Ringi. The whakapapa is in the Pariroa evidence. I know the N'Ringi land. Their land is inland of Otoia, called Te Kahakaha, Taranaki up to the boundary of Pukerata. Tukuparae also is their land adjoining Pariroa. That land belonged to Tupito & he gave it to N'Ringi. Hence the name. It was given for aroha. Ringi's d~scendents know this. These are the only lands to which Ringi has rights. Tukuparae (except 4 acres) is now Harbour Board land. Ngahoata asked me to include some Ngatiringi in Pariroa & I agreed. The area given exceeded 4 acres because Hokopaura [20] had some children. I do not agree to extend the aroha of Ngahoata to include N'Ringi in this case. [Crossexamined by Maui] It was through aroha Hokopaura was included because I objected & it was only after Ngahoata asked again that I consented. The area was increased beyond 4 acres because it was found there were several N'Ringi. [By Court] There is no land within N'Tupito over which N'Ringi had any right except Tukuparae. No other hapu has any right within the boundary. Court intimates that its decision would be in favour of the names in Tutangi's list, being the Ngatitupito hapu. Decision given as follows:- This is a special case in which extended jurisdiction has been conferred on the Court by O. in C. dated 2/12/11 under section 20 of Nat. Land Act 1909 to enquire into and ascertain who are the natives entitled, and in what shares and proportions, to the sum of 614 being the amount appropriated by Parliament to be paid as compensation in full for all claims against the Government in respect of the following lands

82 ( (a) (b) ( c) (d) Te Pou a Te Ngaio Omahu Kaikaapo Turi, 43 39~ ac. 27 ac 240 ac ac. Sec Sec Sec Mouth of 8 Bk VII 2 Bk VII 59 Bk VI Patea, Right Carlyle S.D. Carlyle S.D. Carlyle S.D. Bank The claimants are Tutangi Waionui for Ngatitupito hapu, who claim exclusively, Tupatea for Ngatitakou, Ngarangi for descendents of Hinemaweru & Taurua. Mr Jackson on behalf of Peti Ruri & Maui Onekura for Ngatiringi hapu. During the hearing Tupito takes up the case of [21] Ngatitupito, and Hokianga acts for all the claimants other than Ngatitupito. On behalf of Ngatitupito it is asserted that this hapu are the exclusive owners of the Coast lands from Patea to Pipipi, and as such are entitled to full compensation. Ngatitakou claim as descendents of a common ancestor with Tupito, and they dispute the Tupito boundaries. Hinemaweru's descendents claim also as the descendents of a common ancestor with Tupito & also dispute the N'Tupito boundaries. The mana of Taurua, who was the chief of the Pakakohe & Ngarauru tribes in the seventies & eighties is also a ground of claim. Peti Ruri claims as an absent relation of N'Tupito but in rather an undefined way. The Court premises its review of the evidence with the observation that the lands for which compensation is being paid are within the boundaries of the confiscation area, and therefore native custom does not attach to establish any vested rights. Native custom and occupation are however considered as evidence to assist the Court in arriving at a determination. After fully considering the evidence, and also the evidence & the decision given in the Pariroa case (MB 50 Whanganui) and the reports of the West Coast Commission, the Court finds that all the hapus claiming are sub-tribes of Pakakohe tribe; that their hapus originated after the murder by Tuwahea [?] (the husband of Hinemaweru) of Tupito's children. After that event Tupito separated the remaining children, Hinemaweru going with her husband to left bank Patea, Haimona to right bank and Tamakehu to Manawapou. These three are the several ancestors of the hapus claiming, Haimona's descendents being known as Ngatitupito & Tamakehu's as Ngatitakou. In the Pariroa case N'Takou claimed and failed. [22] Under the West Coast Comm awards they, as a tribe, received no land south of Pipipi. To depart from the principles that guided that Commission in its settlement of the troubles of , the Court would require the strongest evidence not only of error, but of injustice as well. Such however is not produced. Their claim thro' Takou as a common ancestor is we think an afterthought since the Pariroa case was decided. We cannot therefore recognise the claim of N'Takou for inclusion in the award. Hinemaweru's descendents made no claim in the Pariroa case. Their inaction then is explained solely by the statement that

83 their chief Taurua was deceased, & his whakapapa book had been lost. The Court cannot accept this explanation as sufficient. On reference to the West Coast Comm reports G page 16 will be found a special report on proposed special reserves for Taurua & his people. This report makes no mention of reserves on right bank of Patea, altho the question had been exhaustively gone into at that time. In view of these facts the Court concludes that Taurua & his people had no strong claim on the right bank lands, wi thin the N' Tupi to boundaries. The claim thro Hinemaweru & Taurua is therefore disallowed. The only direct evidence concerning Peti Ruri's claim is that she is N'Takou. Her claim therefore is refused.. The Pariroa Nat. Res. Act 1901 set aside Pariroa reserve for the Ngatitupito & Ngatiringi hapus. The Court awarded the land to Ngatitupito and those only of Ngatiringi who were strictly identified with the hapu as Ngatiringi, any persons claiming as absent members of the hapu not being admitted. Ngatiringi have been given another opportunity to-day to establish a claim to any land within N'Tupito boundaries. The evidence of their own witnesses failed to ) [23-24] prove any right other than a small area in Pariroa said to have been given out of aroha by Tupito to Ringi, & this being the origin of Ngatiringi's rights in Pariroa. The Court therefore finds that the Ngatitupito hapu are exclusively entitled to participate in the compensation moneys offered by the Crown. Case adjd to enable list of Ngatitupito to be prepared. [No fee being Crown case] On resuming Tupito handed in a list of Ngatitupito who are to participate in the compensation & the shares in which the money is to be divided. List read out, with amounts, by clerk. Objectors challenged: None In reply to Court, Te Ramapepeka [?] said that the amount proposed to be awarded to Tutangi was agreed to because he was the man who had done all the work for the tribe. There was no subscriptions by the hapu for Tutangi. What was subscribed was paid to Mr Hammond. It is proposed to give 15 additional to Mr Hammond out of the share of Tutangi's. In accord with the list agreed to by the hapu the Court awards the 614 to the following persons in the sums set opposite their names. [There follows a list of 72 names, with varying amounts beside each, totalling 614] Court intimated that no money would be paid by the

84 [25] Crown until time for appeal has elapsed, or if appeal lodged until it is disposed of. Court also intimated that in regard to the reservation of an urupa at Te Pou a Turi it could do nothing, the compensation offered being in full satisfaction of all claims for the lands mentioned. Court adjourned sine die

85 q iaj~g/7{'1()1 (SS -----( sf) : ~~~An::: ;J11r--JUle-&< 'cp ). :.' 1 ',"! I I.. ", ( )

86 ( )..

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89 [155] ( 9 WHANGANUI APPELLATE MINUTE BOOK New Plymouth Friday 18th October 1912 The Native Appellate Court Present Jackson Palmer Chief Judge (presiding) W E Rawson Judge G. N Grimstone Clerk W. Waitai Interpreter Court opened 10. a m Patea Reserves Compensation (Te Pou a Turi Kai Kaapo Omahu Te Ngaio) Ngarangi Katitia & Te Hokinga Rangikaihu(?) appeal from decision given 25 March 1912 Judgement Mr Hutchen, who appeared for the appellants, admitted he could not support the appeal on the grounds lodged, but asked that the case be referred back to the Native Land Court to allow of further evidence being called to show (1) That the appellants can trace descent from Turi and his grandson Takou (2) That appellants have 9 grants of land to the North of the Patea River whereas the respondents have one only viz. Otoia and a portion of Mokoia Block (3) That Otoia was given respondents by arrangement with Taurua and Moanaroa (4) That the appellants had occupation at the time of the confiscation, and that respondents had none [156] (5) That the father of the principal respondent was taken away prisoner by the Ngapuhi and that all his children, except Tutange were born in the North. We may say at once that we do not consider descent from Turi to be of importance as regards this case, these lands having been confiscated by the Crown after the Native wars. The ancestor mentioned, being the Turi who commanded the Aotea canoe, has descendants scattered over a wide district on this coast. It was the occupation after the confiscation that counted most with the West Coast Commissioners. The statement that the appellants have nine grants to the north of the Patea River is correct, inasmuch as that number of small reserves have been given them for fishing and other purposes - but only one of these, granted to Paraone Tutere and Merere Te Oi, is within the boundary claimed by Tutange before the West Coast Commission and the Native Land Court. Most of the other eight reserves are considerable distances outside. The statement that the respondents have only one reserve in this neighbourhood is incorrect - they have Whitikau, Otoia and

90 ( Pariroa - Tupatea and others unsuccessfully applied to the Court for inclusion in Pariroa, and on appeal their case was dismissed - Taurua's people [157] did not even ask for inclusion in that reserve. As to the alleged arrangement re Otoia, that land was discussed before the West Coast Commission in the presence of Taurua and other chiefs, and the report was in evidence before Judge Jack. As to occupation it may be pointed out that before the West Coast Commission Taurua claimed from the Patea River to Whenuakura, and evidence as to occupation was before the Court. The fact that Tutanges father lived for a long time in captivity amongst the Ngapuhi might have had some bearing had this been an ordinary investigation of title to Native Land - but it is of no importance here, and Tutange himself was born at Mokoia. Moreover at the meeting at Carlyle in March 1880 with the West Coast Commissioners, although Taurua and other representative chiefs were present, no-one opposed Tutange's application in reference to the lands within the boundaries given by him. None of the evidence outlined above can be described as new evidence not in the possession of the appellants and which could not, by proper diligence, have been procured by them at the time of the first hearing. Furthermore, a considerable portion of this evidence was ) [158] placed before the Native Land Court and it cannot be said that such part that was not is of such a character that it should have led that Court to a different conclusion. Consequently, and in view of the strong evidence in support of the respondents' case, we hold that we would not be justified in granting Mr Hutchen's request. The appeal is dismissed and the decision of the Native Land Court affirmed. 5 as costs to be paid to Tutange Waionui of Kakaramea the respondents' conductor, and the balance of the deposit to be returned to Ngarangi Katitia of Patea.

91 APPENDIX 3 a) Crown Grant, Whitikau Native Reserve b) Freehold Order, Whitikau Native Reserve c) Memorandum of 30 January 1932 from Chief Surveyor to Registrar, Native Land Court, Whanganui, with Plan 1065N of Whitikau Native Reserve d) Map dated 1900 showing waste land adjoining Whitikau Native Reserve

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95 ( ). ~

96 FREEHOLD ORDER. Under the West Coast SeUlement Reserves Amendment Act, Tar. M.B. 21/223 IN THE NATIVE LAND OOUlt'!',} NEW ZEALAND. AOTEA DISTRIOT. IN THE l\u'fter of the Native Lmld Act, 1909, and. M.H' amendments thereof; and IN THE MATTER of the West Ooast Settlement Reserves Amendment Acts, 1913 and 1914; and IN 'fhe I\UTTER of a block of land known as Vlhitikau N.R. (Patea District Sec. 642) and heretofore held under Orown grant, Index No Vol., fo] of the Register, Arr a sitting of the Oourt held at Patea on the 21st day of January,191 5 before John Bain Jack, Esquire, a Judge of the said Oourt, In pursuance of the..., 0 <D 0 <D +J Z en ~ '"Cl ~ <D ~ 8..., <D 0 en tto..r:: <D ::::;! f:ti P-t "" _--- jurisdiction conferred by the said Act.s: It is hereby ordered and declared that the persons whose names appear In che first column of the Schedule QD.dru's.e.cl.b.el:OOJJ.,.or annexed hereto, and. therein numbered one to fifteen Ret out ill the second column of the said Schedule of that part 'of the said... o land containing 13 acres 3 roods 20 perches, being Pates. District Section 642,Block VI Survey District, ~Q which part is delineated III plan endorsed hereon, and known as 'Whi tikau Native Reserve. As witness the

97 [N.L.C.-Schedule. SCHEDULE HEREINBEFORE REFERRED TO. FIRST COLUMN. SmCOlm COLUMN , 6 7,8 No. Name. Sex and, if Minor, Age. Hell1tive Intere!lt \ Akirama Ngahoata.., , Hinernahu Huatahi Kopekope Taua Kuao Tutange Te Kaha Ngahoata Te Maihi te Puaha Moringa Ngakirikiri Ngati te Whetu Tutenga Tupi to Maruera Tarahae Tutange Whero Waewae Tutange Whaipakanga f. m. m. m.12 m.2 m. f. f. m. f. f.18.,.-'. m Total b " ) 1 1~ shares I! I I! "\

98 PW [ LANDS' F. 2 I l"clegraphic Addr(UJS: "LANDS." The Registrar, J:Tative Land COLlrt, ~'~~~1~~:6JiqL~..He Whitikau Block - Sectton Patea Distl'io1~. Her0with I forward diagrams, endorsed in duplicate, ft)j:' 8.tt,8chnlent to tbe Partt t:i on Or(Jeri~ elated 21/1/15 fol' the aoov(: lllock, togc ther vd th :plan Ho. 1065N sh(~wi ng 1'er::'~nt surv'~y for Judge Browne's approval. the survey. charges~ amounting to with interest at 5 per cent per annum from 29/6/25~ vide application made for chare;ing order on 12/11/25, remain unpaid. The original area of this h10ck hy survey made in 1382 was 15 acres 0 rood 00 perch, hut, owing to/sea erosion, the area found by recent survey is 13 acres 3 roods 20 perches. Planee return plan 1065N to this Office after Judge Browne has endorsed approval thereon. ( \ I.. ) ;. I i; ENCL: Diaerams 2. PIan 1.. ~~ Chief Surveyor. ~-.-:t7ifp:-.~ r~'1'::"

99 I ~, Pafea Disl Blk VI Carlyle S.D.- k"'f--8-z5 :\ordi;:. )/~ 11ft u...j.- 1':1-- q 7.1;,- 'O./l,Ihit.il'ili tu I!II 1'111/1, IOGS- N Survey Liel1~f...::.{,~~ -.!ntercst nl 5 /" n orn,..:!:.f..i... f....../..~~ l)qtp ol:-):", nl"ll(... /...,..../.....

100 SUBDIVISION Of SECTIONS N~ 97, 126, 12Z, 128,AN 0 pr 82, BLOCK 7, ~.~ PATEA SUBURBAN SECTIONS, BLOCK 7. He... le or c.hn.ins tlbdlvision Of SECTION BLOCK 7... ~=le ol'chnins 2 ".,. 5 G IZG IZl IZ3 ",.!, 'I NATIONAL ARCHIVES OF HEAD OFFICE WELU SUBDlVISION,OfSECTlONS N~: 110,111,112,113, 114,115, 1l6,122,P! ,121,107,108,&109, BLOCK 7. X.it WB RA JJISTRICT,. SUBDIVISION OF SECTION N!?3Z, BLOCKVII., '. 51 Sr..,..rtlu.. i!.... ~

101 CTION N 74 7., ins -9 I SUBDIVISION OF SECTIONS N~45,46, BLK.7.!:SU!:SUI V 1:SIUN Ut ~t.l..iiun~.block VII; L ~SKtl1tl!'''K~)CIll~ Qom%llZZlt1Z5nZTtI ~, " ~, ~ ~.'..,. ".. "IIWIC" snu:tt 65, _.'.H.,'... '.fi.ja (1.',:11, 11.","'" P, u.,u v,'e TOil: I,. o p A IC J) T.R I c T '."'C.CV,""ITH..."l_'... n... PLAN OF THE 80! Pric... 2J 1.60 I REFERENCE }!ptlndu",,,;t'h af" SIIr\""lY'IJ1Rlrirlrl Nhrtt'7l. fluuj _._.,-.BID.;... j,. OlIZJ)u'lric/ :F~'!''ed''ons..'hic;'no CDY'UR ore.qi, en- S,,,.Enlo>yalPlanu.hM~ Clrid'Surt:,,7'~.

102 APPENDIX 4 a) Memorandum of 16 September 1908 from Chief Surveyor, New Plymouth to Under-Secretary for Lands b) Memorandum of 29 September 1908 from Commissioner of Crown Lands to Under-Secretary for Lands c) Certificate of Title A3/1106 d) Memorandum of 27 February 1911 from Commissioner of Crown Lands, New Plymouth, to Under-Secretary for Lands e) Crown Grant to Patea Harbour Board of Section 73, Suburbs of Patea, showing exclusion of urupa f) Certificate of Title H2/643 g) Certificate of Title C2/1330 h) Certificate of Title B2/42 i) Memorandum of 29 June 1939 from Department of Lands and Survey, Head Office, to the "Chief Clerk" j) Memorandum of 11 November 1935 from Under-Secretary for Lands to Registrar, Aotea District Native Land Court k) Memorandum of 1 August 1939 from Chief Surveyor to Under-Secretary for Lands

103 '... ~," j'i r..... (!t I, I'. 1(' Hesi ofllco R~rerence. ' C'..'.62.O'Q/...,... 'Z:~... ::... ~.../....!.Q.~.. ~:L..... DlstriotOfllco.. '!!:... f!..f.:.!..{t-.. ~_(P File NO... C0n300Ut/YB No... 1.":J The Under-Secretary for Lands, Wellington. S0Cti..o.l 641 Pate8o. ----"----- New Plymouth, 16th. Scptembe:::1908 fl-~;;;' L~'-~ ";~~';:,:~': ~=:."1; H'~.~.",',.,. /;,.: :. :; 1tl SEr~ 1011B'!i I! LJ~; :f:8 :.::0 f.::.~\.'::". t. r... I,: C"t.. :; :..-!!::t.: '!...:-=-...:..:.::.:.:-...:.:.~-=..:.: J.I I~l J:eply to your memo. 5209"01' 18th. ultimo., I. have, looked into all t;he old plans,!:egi stel.'s, a:.ld ti tlr' l!, J ~ :, wft.h a viev{. to as ce2~t?l.;llil1g the p osit.ion of this la.!.ld a~ld ailyt.b.illg furthel.' bca:r.'llg upon it which might bo of vetluo. The 'tha t tile land i4ediatgiy obvious rosult of this is i,s lincludod.. il1~~!-_? _~::o:~n_g:~~:t. to tho to thew Pate-n. Hax'bom' Board dated 1st. Janila:t'y ~his is qli.i to clo802', 1! ; t both tile plall oa thg g:r.'a:.lt and the dosc::r:ipti'cll of' boundal;it:.s ag:r:ee in i.ncludi~lg the piece oflal1d Within the bou.qda~'i('s of' the land g,.i.'anted. And' 'the a:l:ca gl.'a.ltod inc 1 udo l! it.. ~Chi n also is clea1.';f02' the pltu.l O,~l the g:r.'a.!.lt. 'shevm by ~ch('dul(',h o\', the a:j:'oa i's a:p'i ved at, and ale 0 shev[s tha t G. W VI'i 11 iam ;,.su2vey is thr basis Of the Cl'own Gra.!.l't.. ~'llrnillg'up G~W.Williams'SUl.V0Y plan 55/2,I l' Lld all :!,.dontical,schedule of area v/hich shew.s that Section 641 is necessary to make lip the total g:r.'antod. It appea~'s that the number:,' 641, was give- n to the section aftex' the isl.'ni'e of the Cx'own Gx'ant as it does "lot apperu;'.. in Will'iams' map, ox' o.n CrovlL1 ~'ant no~' till l'ece:'l1t.. m3.ps,and the land a8 such 1'5 ~lot the Cl'ownGl'a..nt. spe.cifically mentioned in ~e o~'igllal maps, do.10t shew the land as Native :Rese:rve, the 0a~'l=!-est and,act.ual or1.ginal suj;'vey, plan 53/2,,a hews i.t W'i th area as a separate section but vli thout a niunbex'. d.'".i.\:~;~.. t~ A Land T2ansfel'

104 2., NATIONAL ARCHIVES HEAD OFFICE WELLINGTON A L"'l,clCl ~::;:p-"lr:;fc':r.' [jnl.'v"i~y ( D. P., 11) wad m::lc[e 0:[' t"11(:18.:,10, WU:.h-,l ( the' g:r:a.lt Ll AUgIH3t 1877 acld. shows tll'il' rjc>ctio~l vii th a :Tf'1. 1.,[ m" s(1otio~l.. lumbcl app oa1.:s 'I:,Q h",vc' bc....1 give." 'I~o it, f:l'om a.l old compu±.atiol.l bof'lk of Capt. v\']:ay' S ( latr COiTIm.L;;nio.:'<':;: C.L'OVf.l L d.s :['m: Pate'a Dir:;t:t'io'~J), as 1J''''i.1g \'fi :stf' la~l{\ Wh0:l;'('Ll SC'0 1:, li:,')t,(:.~ at the mouth 0:[' t,l1t' Patea. TILvc>1.'; tj1i:::; Lr: a pc;lci1.l'jtc, th" (Lily authm:lty :['01' the.'.ll1mbn: I h:;;,v' 1'on.:.c, v 1394 Rhrwr: t,l1.(' Seetio.l as No, 641 a.clcl. as a I.IN,B., It the o.ll;,r appl OV( :'. pia.l 0.1 which it is so 8h<:W.,.1,!7l_10. I i-)'id th<:' 3.uth 'h'l'!:,y- roj.. so calj.:l,_lg i:t H.l:;'; ; tj:lcl'c' is t.r ; lunab1: '~"~ f 1 A..>0 fiel,: b"~l ofl:.hir; su. vcy. 'Wl'i tllg -rjoth(' ljocl'ctal7 to t,hf' H,,~:;,:boi.u: ~~ Doa:;"(1, I am 'L..lfol mc:-d that they lot oocisir.i.e:;.'.it, as o. part, ~\ of t.]-1 'L.' 1.":.. 1,-1., UCVf.'l:th1.'lt.'xs, 'sheds i.cl '.PctiO,l vlit,h t"hr LJ.'~)' ha.i.'bon;,: \j1)l-ke, lhavc bcc'l.l b1.1.i1t UpO.. l it.. t~~1.\, Pvcv'...,L tilg to tj-le Cl.":VLl Crl.'f:L.lt, Th:Lr; 1s ir:fn(l~l 1..1.W.(,l' AmE:'.. lo.mc'.'.rt. a.. lo. GO_ltLlUa~lce Act 1365" Doal.'d Act 1876." T,h<'.'l:El Is also a special memm:ia1 e.. ldoj.:sed UpO.:1 the' Cl.:OVLl G1'a.. 1i:. ab f'ol.1.ow ;- 11 This grf1dt L- 'i.ssued b~l the Gove:::.. 10:;: ~ ;'.. ~1 ~~:. '.~j y, '\4 \~i!!b" ~.~. " ".', " i 11 Act 137G" a.. 1:). t II]J Oal'o. f'ol" tj-le PU:VPOf!C'S of tj-le I::>aid Pa tea HarboUl: Doal'a. Act1876 "Sig.lf'd: J.:fuhC::::'.lcU'f'Vr, ivli.listn: of' L:-;'.la.r.;," 1.1 thl~ Gazctte :['01' 137,6 Feb :i.'Y 51:Ct, pe,gf' 85, Scctio.. : 73 8ii.bill'ba.. l Ca:I:1ylc is pl'oclaimed. a l'('s(,l'\'(' 1'0:;: Hal'boul. ( :r:ivt.'l.' j,mpl'o\tcmc'.lt pui'poses) u.ldel: thr.' above:'-..!amed now Zeala.. ld Set i',lcmc.rt.g Acts, st: Ja.. 1Ual.'Y 1376; thl'" C:i. OW 1 G1'a.~lt yau will..1qtic,t, in a :,rf'p...1' 1atel) -1st. Ja.1U2:::;'.r 1377) ;3!,.1'~ thf':r'('l is th:lg aiff't'l,'l.. lo(' bctwee.'~l the:' Gaz(' t;te a.. ld. the- Gl:a... lt" tjh,,:;,t Seotio_l 73 0:'11y is gazeti;('d~ but'the gl'a:'1t Llol'1iCles Sc-m,. 72, 73. ~"... ~"

105 ( Sett,lemC'.. lts Acts ga'.te thc G,-'ve.1.',;,101 powcl' to cqc1f'iscarito la~lds 9!.. Soc. 641 is p'u t of' la!.lds co~if'iscate)d thnl C'U.,ldf':;::. 'l'h: Hal'boux' Boal'o. Act.s empowel'cd the GOVCl'_lOl'. \.....-:: \ \ Otht-'l'S 130 1'101:':-'6 of' Subul'ba:1 la.. 1d, Ca:l.'lylo, oth, l.'wis(\ 1L10.C'- 130 acl es. acld the sect,io:1 is vosted L1 'tho Fatea Hal'boUJ: Doal'o.: GO f'al' as y,:.ul t1:1quil'y goes thel'gf'ol'o'l-my al:!. eao.y 10_1gth';,T l'cpl:-l might.i i; ; j \1 \1 '"''' \\ J ~ But ( slloe you ask f'01' a l'{'1pm:t oa tho positio:i); I am avlal'o that much is yet likely to be s.aio. a:lo. o.o.llc' COl11:7;Cl'llLlg tilis lpi~cc of' la_ld, which is O:..le o_lly of' several I pieces; that Ll 'f'aot, tho Natives alo,lg tile coa,st al'o stil. ]:L1g to have ccl tall pl'omisc's allegod to have bee:l m"",dc to t,hcm ) l Ost01'Oo. to them - cal'l'iod rju t, I have g0110 ;L.it.o thc report's of' Pox &i Bell's WcstJ Jo! 'l. Coast Commissio.1 ( Appol1o.;Lx to Joul'~lals ) a.:1d I have h"1o. L1t81Vi('wf'; vd th th,-. II.ev. T. G.Hammo~ld, who Is.L 1 n::;mpatjl1f't,lc tquch vd th th(' lta tivi;'s, add h~s u.u ivallt o. k.lowl,,,clgf' o:r 'I-.h('1:.. local histol'y a.10. tl. ao.i tio:tllj. S(~ct,i 0,,1 G41 i,s o:r double' impol ta.::1c(:' 1.1 MaOl':L 'Sf" 1+>1- '1.\ :\ :\ I..'1,.). ; me:1tj; it is sacl'ed L1 th':" t thrl '... i.r: h:u:ied :h r:..,-. ') lc' 'If' th ('..--"'--.. ~... r.. "'"".: _"""""...:..,.._:...,..." ~,...;..;.;... ~ >. ~ Ma,11a al' S'lC.:. Pct G ymboln o:r p:;,, op,.,.!:t.. y 1.1 '1.16. Pl:'yf:,," c-rj0.:r.1'j1 t.. 1,,..' ~_... l'iv0l' ac1o. :fifjhl.1g l'1ghts; :::'.10...'"'!I. ;lo~ Ji+ ~~---;,... 1 tj In t,rh" place Hhel'r I ;.'~:l.'::k(.: ~... ~... "... "'...,.~... I"'1'-R.. "'.'.. I.,.."_... 'li'"l_... "....., \..,."' ;...,...-.~-"'1I~:t--... ~". "... 'I.... '1.N:"" s~s f'l.'omjlawaiki wel'e pla_ltro. by TU1'e who came thfl"1cc', thc --""""" ' '.'a,-... :ttj.s..;\fw~;,... ~"""fl~~~,..."... fi.l-...-,," '.'1 O""":S last tl'c"e di;~~p:p';;;~:-f'~ 'ci.ul Llg the vra'.l, I_l ;:~';'=l "'a~: t ' '~,,'~'" 'J." "."._,,,.,,...,,.,.. _...,,......,....,.,,.. _.,."".,.,,,,,..,.., ""-''''''',,,".,"...,,,,w.. _,,,.,,.~.,,~...,,.,. - l'p sp P. C t, 1 t is of' sig.1if'1c8.,,1oc'.a.ld o.rf'p co lc-i":'" l b(70 l~.'" l"c':':.l 1.Lm:L!o5 t,o NatJ:lvrs all ala le; t 11C1 V~r8tJ CO::l'+J '. l :.i.. 1I:1:::... L":;'\'[::"oI.11. ~ ~

106 4. -'.... IDhe Woi:rt Coast Commissio.. l Repo:t:t alluded to? with its appcu:uce's,.s0ems to leave little donbt that, such p1'omisos VH:'H' lude:r:ztood by tho N,atiYl'sto ha~l'-' 1J(,0_1 mac,c t,o wi 11 bi'! l,\-,tallcd 1'01' the P" op1 (' who ov/.led the 18,.10. 1/. 01' such placc's e"lluilol'9..tcd. to mt.' by full'.. liammo.1d, tuj: lf'd out Llte1'p1:f'tf.'l' a.~ld Comf:i,ssi O~lE'l' Ll tht"' dij:;t:i:i c t, 1;. r U!.J. ll \-l.lg i El. t Ma.l;:.ia a,ld k_low., mnc.h 01' whs. l:. flab act,ln,ll r p:,:'1mi f: oii '1:;.' i.;l't,(,;.ld,">d to be r1.c,!10. TJ-t'f' P"1 tea H"?l'lYllll' Ac. t" I nu;; m:,,rf:.i 0.1,- zhqul6. :::.t,,"'pf.'.~ 'i,. L1 this dl:i:i-'ct,i O.l bf' taki"l,... ompow,c1's tjie Go\r01' 101' to tak0 :j :.::,.vd thout compe;lsatio 1 ;:,LW la.lds l'f'qui:j:'cd 1'o:r: p.tbl'io.c '" ~ pnl'p OSf0,)- a.l Hl,stOl'i.c PIDSC':i.'V0 in PORRibl;;r bl ough1:. wi t,hl1 t"... lir;tj ')1' public P1U:POB"R by till' Dc., '_10j:y Pl'CflC::'V T:'lQ.l Aa G. 0( B.lel: - 1:.::'a a Llg Chief Sm:vC'ym: :--

107 r~&'u {<i',,',.,,... :np wo.f Hend OfT/oe Reference. :...': -f62b g/ ~..."..." ; , "Dlstrlot (lft/ce. FI1~ NO... ~.~.:.. ~.!.../!:t... ~.. ~ -"-I. Consecutive No... lj..!±..._ I : j,. 'f/,f: The Under-Secretary (or Lands, Wellington. NEW PLYlVIOUT:t;I, Rosoxyes, Patea ".' I " ( \., : r: i l :, I.,! I, In l'oply to y"ux' memo. '5209 of 17th";i.nst., I have to l'epol;'t that the sections ei.1.umeratcd 'therein are at present, held as fol,10\'[s- Sec., 73 V,ll GarlYle) 148 ac.(suburbs of Pa"tea pt.see.59 " 8 pt VI Gal'lyle 240 Vll itll If If ,.,: Op Hal'bour Ellldomne;'1.t :3 39 P:r'imary Educ8. ti Ol.l.,qaz ~ 14/2/89 p, 19::; vested in V\Ta!lganU:l. Educa ti,on B oa:r.'d GemeteJ:'~T Resolve, :lot v<.'sted. Gaz p.410 o 07 granted lli'1.dcl Patea ~{arbour Act 1376,' Of 'these, the f:i,:r:;st Sec. 73 ~uburbs of Patea,is in the same Grown Gl'a-lt 8.S Seotion 64il:.', 01j whioh I have alrel,ady l'eported at IflUgth, a..'1.d have noth:i,~lg to add "-."... Se:bti.on.};lt. 59 VI Ga:l:'lyle S.D. 8 of Block Vll and i1t. 2 of I310ck Vll. All these seoti.ons Vlel.'e fil:st lai.d out a;'ldshevhl on a plan by Smith &, y\tillia.j:njil da:ted "'--.- rr-~- :. I i ~. r! ' and they al.'e aga;i.;.1. shewn on a plan da'!:.ed (. Q &i Q ) " The earlie:r:'. one shew..s no PUl'pose fox'. any of thl''ln, the later.. shcws Seo as a..'1. Educa ti O~l I'i'.eso.:tvc, and 'the othej;'s as ul1.a:qo t tc- d i I L:.. The ea:t:'ly plan is 'the snbd:i,vision of the Whole '.oount:r'y side :from Mokoia to Patea for allotment to Mili tal'y,set tle:r::s, obviously under the lotew Zealand,Settlements Acts. ~e second plan is ot' the same st:r:'etch of COUl1.t:r:'y giving names of these IVlili,tary sc.:;ieot9l:ls _ on thi.s plan Seotiona 8 and 2 are blank (u..isel~cted 1) but so also a:t:'a a l.arge ':... ~ :».f.. :~; numb el'

108 r I. I 2. '-'.' numbel' of' othel.'s, a:1.o. tho}:e is :lothiag oa those tvio maps to shevl that theso sectio~ls, Ol' an::,' o~the:'m had,spccial pi.u'poses Ol:' intc'~1.ti,ons, 01: avea that they had any :!:Ta ti vc I l i' 01: historlc asso'ciatio~l. Thi,s, how'ove.'x', accol'(j.s wi,th the cij.'cumsta!1ces \ \. 1 t ~, 1 8h8wn by thc Repox't of' the 'Nest Coast Commi:Ssio::l 1880 l'ef't'r::ed to in my previ OllS memo., The CommissiollC:;:S co~lt.llually poiat odt that tlle su::.veys had p:t'oceedcd pl.'acti'cally to the point of' allotment aild select:l,on Vii thout a.single l.'gse::.'ve f'oj.' Hativ:: s being chose~l or shevll, and. that this ve::.'y f'act 'vas the cause of' alli:j1l~ disturbaace on the Coast. \ ~011e absence of indications of hiilto::"ic I and othel' native am'wciations sf.:.'e1llbsu:ff'ici,e~ltly accounted f'ol' b;:,r thestcitc of' the countl'y at the time of' su::.ve~f - the Natives :La semi-l.'ebellioa dl'iven L'om their lands a~ld. tho,),\," ': '-\.[.~ I: ;1'-., t \. "(' ".:, t ~."-:-. it', ", COU1.1.t.:r.'y der:erted. ThG:t'e are na tul'ally a numbe:r.,' of' ref'orej.1.ces thj::oughout the West Coast Comi11issioa RepoJ.,'t of' 1880, some of' them VGl'Y specific. to p:l'omis8s made) that la..'1.::ls of' l1isto:r.'ic impo1.'tance or sacl.'ed 'character sh'ould be ::"8SE.'lVed, but this aspect of' the matte:;:' is boyono. the scope of ~'OUl' instx'ucti ons, and tjih data llecessary fox' its col1.sidel'a ti on appeal.' to l:l,e in the.repo:r:t mentioned above and the r:epa:r:tme~ltal papl1l:s to which the Commissi.ollEn:s rof'el'.: I-.tli'. Forcy J;lmi th states that on Sec. 59':i,l;l a house, Kaikapo, and a f'amous spring - the,r..,towol' of' Babe 1".'. of'the early ii.1habitants, where they fell out,and violently qiial'rellllg, F!ep"l.l'at~d.'lo"th alld' th - - '-... sou,and peopled the C OU1.1 tl'y. He also states that tho:t'e ls codsic:lg:;.:able :col':""rspondc'lllce in :srou.l' offioe :t:.elating to the leasing of.some lands nea1: IHa.nawapou apparentl;)' about ox' near Sec., 308 Block XIY Hawera,.in v,hich Natiy-es wex'e intex'e'sted in SOmt"l ma.. 1.lOJ.:'. It if" /if......,.,~,v

109 #,"1 (,.. " ".. ~ 'I NATIONAL. ARCHIVES OF NEW, ZEALAND HEAD OFF:;; :... TON 3. /1'16;{ )Y';" t7 JI ~.~ ~..< ~«}0 :!;4D OFFlC~"!J f~, It is l1oticoableand.signif',icant Ll considel.'ing this mattc"l.', that, all thrso lands now clai,med. we:r'o actuall:,' rcsel.'ved f'l.'om salg by WC' then,administ:1.'atiol1,.,~, " but have,since been allotted by a later generation p:;:obabw ~lot conversant vd th thc' f9.cts, to othel.', than N'ativ.e PUJ:'Poses.,I '\ Coml!l.issi,9l1er of' C:r:OVll1 Land.s.,/ '~, ' "

110 References Land and Deew 69 Prior err. 1/260 Transfer No. N/C. Order No CERTiFICATE Of TITLE UNDER LAND TRANSfER ACT Z?» w -- -:l. o -:l. CJ) "-!'":.' rn:fjis ~ertificate dated the 13th day of April one thousand nine hlli,ldred and sixty!3~~: uilder the seal of the District Land Registrar of the Land Registration District of TARAN AK I WITNESSETH ~t body corporate are Bei~ed cemetery -- /" THE MAYOR COUNCIT,LORS AND CITIZENS OF THE BOROUGH OF PATEA a of an estate for the purpose ofa site for a ~~~ (subject to such reservations, restrictions, encumbrances, liens, and interests a5 are notified by memoria! ulldenvritten or endorsed hereon) in the land hereinafter described, delineated with bold black lines on the plan hereon, be the several admeasurements a little more or less, that is to say: All that parcel of land containing 39 3crr::s 1 rood 20 D'?rches more or less situate in the Borol~~h of Paten being part Secti,)rl.if Pntt:R Bllbllrb~ln and Lot 1 on Deposi terl Plan 349:2 being nart Section 8 Patea SUbul'b;:m Lease 12573'1 of' Lot 1 D. P to Leonard John Wilson Term 7 years ~ :from pl'oduced 14. fffi A i\ at 1.45 o'c. ~ ~~I -/b, 'U!!!!J I A.L.R. )ase of Lot 1 DP 3495 to Gladys Mary ~ccoii Term 7 years from produced at 11.4 o'c. t;fjj,. l5ja'~t.r. Assistant Land Application to'record the vesting of the within land in the Patea District Council subject to all existing encumbrances ~88 at 9.15 o'c ~. A.L.R Application to record the vesting of the within land in the South Taranaki District Council subject to all existing encumbrances at o'c ~ A.L. R I 18-1-,]1) II P.-349S' (Y) ~ ( ) ~I Total Area: Scale: 1 inch =]0 chains S.O l!!.,,~ -' i\:l\'aq';'~t IVIETFiTC,:'.1 H;;\ IS... 1:5.. q.1 (u:: I... ':/ w.j1q )s :rjl{s

111 NAnONAl ARCHIVES OF NEW ZEALAND DOMINION OF NEW ZE~JiANtt.AD OFFICE WELU ~La.nd 189. OEPARTM ENT OF LAN OS. Hend Offico Reference..r ~ommission,r ' Lands, From L., No, 1 Dietrict Offioe. Office:: },lllw ~ PLTcl.....:...::._.:::.. OU'.!:H I File No._...:..4r..::::,JJ;J.q:...:'k 'k~:.l.2h::::...--_ Date: 2Sth. ]PJ3Q.:r:ua.r:ll-l all-... ~ n / --f-! r\ ~ D ConeeQutiva NO., (This spaoe is for Head Office use.) Pa t.ee. F..oo r3l:'1t ea The IDT.llER. SECP-m NlY :F'OR. TA'NflS, WELLINGTON. ~. >. i 1 \ L \. :\ t 1.)"" ( \t..... ~. ( I have t.o i nf' orm y-ou t.ha. t. in p1.lrsub.l:.1ce of' yol.lr inst.ruct.iol1.s of' t.he 3l:'d. 1.l1~imo, and a.c.cord:lng Wi"f::h arrai."lgemei.1.t., I met. the Rev. 'l'.g.)4.mmond, Tute.,tJ.gi and other Ne.t.ivos at. Patea on) ~e 20"th~ L1Stant., and visit.ed "the selyera.l r0serves. I subsequent.ly obt.a.ined f'rom "the Count.y ~lerk such va1uations as he he.d recorded. Pt.. 2 a 27 r P 07 / o u: 09 2~ / 1700 Unimproved value 040!l'he vount.y 01erk a. Is 0 writ.os me t.ha.t. t,he D,rough Clerk values Sect.ion 8 ( Cemet.ery ~oserve) 59 1 ~hey are as follows;- Lapi t.e.l value A4 I am quite unable t.o reconcile t.he valuat.1olls s t.a t.al: by "the Count.y (; 1 erk with IIl.Y. es t.ime. t.e Short.ly I I Jll8,:t- sa~' I am of' opinion "that. taking the t.ota1 values a.s..- g,ivon above ( 32~) t.he sum does not. represent. more tha.n... $7 half' "the ~ket. value Of' "the lands. Pt.~ 75 I 43a. O~. 0 p. and'te Pou-a.-t.uri 2 ac. 2 r. 50 p. being il~cluded in 'the aerbou r E.nd.owm~.. ~t. no value has been given "them,e.lld it. is somewhat. dif'ficult to est.imat.e,f'or ~l;lough llerhaps Ullf'it.tJed f'or grai:d,ng or agricult.ure,,y-et. iu the cource of' t.ime t.he;y might. be of' great. value in C01lXlectioll sa~l with t.he Harbour Works. o:r: as res idel1.t.~al si tea; there are at. present buildillt5s owned by "the Harbour Board Oll Ol1e or It., \-'"'.. ",'

112 2. l NATIONAL ARCHIVES OF NEW zealano I HEAO OFFICE WEWNGTON or' othor of' these reserves; but. f'or t.he purposes of' t.his ( report. I shall place 'their 10 "jier acre,:: say 4tiB Approximate est.imat.e of' Sect.ions 0,pt..2 al.ldj part. Sect.ion 5a. ~_.'_ ~ 6000 tj.,rltal 6455 ~ Tutangl inf'orms me t.hat. the Na.t.ives desire pt..' 73 of' 43 acres add Sect.iou 641 ( Te Pou-a-tur!) restored t.o.the~. ~ t.he f'ormer being a burial place of' some of' Tut.ang1.'s a.ncest.ors, but. t.hey, are prepared to accept. a mouetary compense.t.ioll with regard to t.he other three reserves which t.hey cla.1m. The F.ev.. ~mmond furnished me with some f'e.ct.s c oncerniug. the early his t.ory of' t.hes e reserves, a. c cp;y~ which I f'orward h erewit.h. of' ). I~ CO l.j.lect.iou with this ma.t.t.ar I took t.he oppor ~u..1i t.y of' i.dspec~i,l.lg some old :rnelps in t.he S1:.ro... 1g R.oom at.tached t.o the Magist.rate's Oourt., at. Pa.tea, 'which recorda I believe b along to t.his f'epartmeut., and were at. one time in t.he possession of' Mr. '{{re.y, 'then C;ommissioner of' (;rowll Lands. On One of' t..ha naps ref'erred t.o Sect.ion 59 is coloured. and t.bare. is a not.e to the ef'f'ect. tha. t. it is set. a.side f'or Na.t.ive purpos~s. I think it. very probable tha.t. at oae time in the past. it. was the int.ent.ion either "j:.o ret.urn 'these reserves \. '. \, t.o the Nat.ives or. t.o hold 'them 1?a.dt' f'rom disposal f'or f'urt.her c oa,sidera. t.ion, but. t.ha t poss ibly owing to a ~ba.nge of' officers \ the original pu~ose was loa t. Sight of' and the lands dedicated f' or other purp oses \, \ Encl:- Oommissioner of' (;rown I.Ja.ul s... l~' ~';:. ~~~~j':';~;{.;';

113 NATIONAL ARCHIVES OF NEW ZEALAND HEAD OFFICE WElliNGTON C,OPY. ~he fol1owh1!5 are the reserves claimoo by t.ho Ngatihipoto tribr:> of Pa-tea as the ancient burial places and fishing c:tatic:as of their ancestors. These P.eserves have been sa.eredly promised to t.he Maori people ;f'rcm time to time, a.nd they were of opinion until Bane years a:go, that they were their e.bsolute property, but had been lear:ed, e.s other proportic:s had ba:n without their k)''lowls:i 6e or consent. 1. TE KAEAKll P TUEI This reserve is e. t the ncr"lli ba:&.ik Of' the Pa-tea. Fiver,and directly opposite to. the first perme..aent dwelling-ple.ce of tho P.otea. Migra tiol1 under t.heir tl,x'ea t a.uces ~or furi. It is c lamed that!.turi brought. with him :from lie;waiki, the seed of the karaka. tree, which was planted upon this reserve,and \ which flourished ltill the time of the r;uropea.n war"al'a was then I destr oy"ad by cattle. 'i'his incident in Maori history has been kept :fresh in tile memor,y' of the people 'b,)" wel1-k: lown s O,lg often chanted at importailt bathorings of' tlie people. L1. this Reserve rest the b011gs of the ance'stors of Tuta.nge Waiollui of Pariroa. i l is also an aucient burial grolmd and haj': been used by the l1'uropea:t:ls as a cemcterj. 3. CMPJ.:IU was a weu-kj:lo\'".l fishillg station for llahawai whi-ah a.t certain t:imlss of the,y'ee.r come up the Patee. P.iver in llumbers. Being denied access to this station" the i-jiaories have no ple.ce where the.\f can fish with Hues Cll the north sside of the river. 4. KP... IKM.POQ is between Patea. allli Kakaramea, and i)'l add! tioll to being all ancient burial ground was the site of the far-famed house Ka.:l.ke.a.poo. It was hero the priests qua.rrell ad over e. spring Of' wator,and herc:3 also the people had a. serious di:f:';f'eronce over someone killing and ca tillg a do~, which 1 ad to the firs t real separation of' the people,a contingont of' ~hem goiljg uort.h to the ~~at,ix'11&lui country-. 'The sacred character of this r0e-erve hall been evidenced i:u the paslt,y"the people as they passed by 011 various "'..,.., ~'. \, r. t,. \~,...

114 ,, NATIONAl ARCHIVES OF NEW ZEAlAND HEAD OFFICE WEWNGTON 2. Va..riOllS jourlle,y"s, i:j.l:r.-.l1.il1.t5 asidet"q weep in remembre..l1ce of' t.heir ancest.ors. The above i.i:l.i'or:ma:tioll at:ld much more, haa boon supplied t.o:me by t.hef'ather (",f' the people', now!50l1(' t.o rest.. sgd: T.G.i:Ia.mmond...~ ) 7,. If," L, l j!.

115 ... "... I. / TO ALL to whom tho30 Prosont hrll coma, Grooting: (., 0/' :. la a WoWlU.,.. -.s ~~

116 . )... ~ ~... _... 1.,. ~I~;~.Rl.I:H.OOVCTION (ON A I\F.DUCED SC... LE) CUUIFI~D 10 lie A TRUE. COpy OF THE r.'~h ;IN,\L REGISTER FOI\ THE PURPOSES OF M:.C110N 215A LAND TIlANSFER. ACT 195~ ~.. D.L.R.