The Alienation of Maori Land in the Ohura South block

Transcription

1 OFFICIAL Wai 903, A67 The Alienation of Maori Land in the Ohura South block Part Two: c s Tim Shoebridge November 2004 A Report Commissioned by the Waitangi Tribunal

2 Table of Contents I. LIST OF TABLES... 3 II. LIST OF MAPS... 3 III. PREFACE... 4 IV. ACKNOWLEDGEMENTS... 4 V. INTRODUCTION CONTROL AND ALIENATION OF OHURA SOUTH LANDS, C ADMINISTRATION OF MAORI LAND, C VESTING OF OHURA SOUTH LANDS IN MAORI LAND COUNCILS AND BOARDS, C ESTABLISHMENT OF SETTLER INTERESTS IN OHURA SOUTH LEASING OF MAORI LAND IN OHURA SOUTH, C Leases Timber leases SALES OF MAORI LAND IN OHURA SOUTH, C MAORI LAND HOLDINGS IN OHURA SOUTH, C : CONTROL, PARTITION, ALIENATION Protective role of the Waikato-Maniapoto Maori Land Council/Board Partitioning of Ohura South lands Court costs Survey costs Rates and rates charging orders CONCLUSIONS COMPULSORY LAND TAKINGS IN OHURA SOUTH TAKINGS FOR PUBLIC WORKS Takings for roads Takings for railways THE VESTING OF OHURA SOUTH LANDS IN THE MAORI TRUSTEE, CONCLUSIONS CONCLUSION APPENDIX: CURRENT MAORI LAND HOLDINGS IN OHURA SOUTH (INCLUDING TAUMARUNUI TOWNSHIP SECTIONS) BIBLIOGRAPHY

3 i. List of tables Table 1: Approximate number of leases and sales consented to by the Waikato-Maniapoto Maori Land Board, Table 2: Private sales of Maori land in Ohura South, Table 3: Survey liens charged against Maori Land in Ohura South, c Table 4: Land alienated to meet survey costs, c Table 5: Takings for roads in Ohura South Table 6: Maori land taken for the Stratford Railway Line and road diversion, Table 7: Compensation assessments for Stratford Railway Takings, Table 8: Ohura South land vested in the Maori Trustee, Table 9: Alienations of Maori land in Ohura South, c Table 10: Percentage of remaining Maori land by date, ii. List of maps Map 1 Location of Ohura South in the Whanganui Inquiry District... 8 Map 2 Location of Ohura South in the Rohe Potae (Aotea) Block... 9 Map 3 Location of Ohura South subdivisions

4 iii. Preface Tim Shoebridge graduated from Victoria University of Wellington with a Master of Arts in History in He formerly completed an Honours dissertation called Settlers and Settling in Manunui, c.1905-c.1942 (2001), which studies the Ohura South area. He has worked as a researcher with the Waitangi Tribunal since April He co-wrote Part One of this report with Steven Oliver. iv. Acknowledgements The author would like to thank the following people for their assistance: Lecia Schuster, Fiona Small, James Mitchell, Peter Clayworth, Leanne Boulton, Cathy Marr, Jamie Mitchell, the staff of the Maori Trustee s Office, Wanganui, the staff of the Aotea Maori Land Court, Wanganui, and the staff of Archives New Zealand, Wellington and Auckland offices. 4

5 v. Introduction This report was commissioned by the Waitangi Tribunal to examine issues relating to title determination and alienation in the Ohura South block between c.1886 and This is the second part of the report, which covers issues relating to alienation of Maori land between c.1900 and 1930, and issues relating to compulsory acquisition of land by the Crown. It also addresses the alienation of land in the block by the Maori Trustee between 1953 and The report focusses on the period c.1900 to 1930 because it is the period of the most intensive alienations. Part One of this report, released in September 2004, addressed the determination of title by the Native Land Court in the 1880s and 1890s, and the acquisition by the Crown of 73 percent of the Maori land in Ohura South between 1892 and The Ohura South block consists of 117,215 acres, north and west of the Whanganui River, which forms much of the block s southern boundary. The town of Taumarunui is located in subdivision G of Ohura South. The western part of the southern boundary goes along the northern boundary of the Koiro block, which is the land between the Ohura and Whanganui rivers. The boundary then crosses the Ohura River to reach State Highway 43. The boundary then goes north, turns east, and re-crosses the highway and returns to the Ohura River. From there, the boundary goes north along the Ohura River as far as the Taraunui Stream, and then south-east to the Ongarue and Taringamotu rivers. The Ngakonui and Mangarautawhiri streams form much of the eastern boundary, which rejoins the Whanganui River (see Map 3). This report was commissioned on 1 March 2004, and followed the completion of a scoping report on the Ohura South block by Steven Oliver and Lecia Schuster, in February The scoping report identified a number of issues for further research. A direction commissioning Steven Oliver, Lecia Schuster and Tim Shoebridge to write a history of Ohura South was drawn up. Steven Oliver wrote Chapters One and Two, and Tim Shoebridge wrote Chapters Three, Four, and Five. Lecia Schuster conducted most of the primary research for Chapters Four and Five. 5

6 Chapter Overview Chapter Four considers the administration, alienation, and control of Maori land in Ohura South between c.1900 and In 1903 the northern railhead of the Main Trunk Railway line reached Ohura South, and the Native Township of Taumarunui was created. These made the Ohura South district a feasible proposition for settler industry and farming, and sawmilling was a particularly important industry in the area. The influx of settlers into the area created a demand for land and resources, and these placed pressure on Maori holdings. Large areas of land were leased to settlers, and around 41.4 percent of the remaining Maori land in the block was alienated by sale by A consequence of selling and leasing was the intensive partitioning of Maori holdings in Ohura South, especially of the subdivisions adjacent to Taumarunui. Survey costs, court costs, and rating costs increasingly placed pressure on dwindling Maori holdings. Chapter Five looks at compulsory taking of Maori land in Ohura South by the Crown for Public Works, and by the Maori Trustee in the 1950s and 1960s for noxious weeds violations and unpaid rates. The North Island Main Trunk Railway was routed through Ohura South between 1902 and 1905, and an area of land was compulsorily taken under public works legislation. Land was also taken from Ohura South for the Stratford Railway in the mid- 1920s, and smaller takings for roads and other public amenities were made in this period. The degree of consultation and compensation for these takings are considered in this chapter. After the dissolution of the Maori Land Board scheme in 1952, the Maori Trustee could be vested with Maori lands that were unutilised, were infested with noxious weeds, or were required to cover unpaid rates. A number of blocks of land in Ohura South were taken in this way, and the terms of these takings and disposal of the land are examined in this chapter. Chapter Six contains an overall conclusion of the issues raised in Chapters Four and Five. The author recommends that this report be read in conjunction with Cathy Marr s The Alienation of Maori Land in the Rohe Potae (Aotea) Block, parts one and two, which provides a more detailed general background to the specific issues raised in this report. 2 1 Steven Oliver and Tim Shoebridge, The Alienation of Maori Land in the Ohura South block, Part One: c , a report commissioned by the Waitangi Tribunal, September

7 Methodological issues One of the main sources used in Chapter Four of this report is the minute books of the Maniapoto-Tuwharetoa District Maori Land Council/Board, and the Waikato-Maniapoto District Maori Land Board. This body was responsible for the confirmation of alienations by lease and sale. Time constraints have meant that it was only possible to review these minute books for the period inclusive, and all conclusions drawn about the actions of the Board are made in light of this. Additionally, the Aotea District Maori Land Board administered the alienations in some parts of subdivisions B, C, D, and M, an area of land estimated to contain less than 10 percent of the Ohura South block s total acreage. Time constraints have prevented viewing the records of this Board at all. The process of partitioning has, however, been examined for both Maori Land Districts through the Native Land Court Minute Books. It is also recommended that readers consult the introduction of Part One of this report, which discusses some other important methodological issues. 2 Cathy Marr, The Alienation of Maori Land in the Rohe Potae (Aotea Block), , Waitangi Tribunal Rangahaua Whanui series, 1996; Cathy Marr, The Alienation of Maori Land in the Rohe Potae (Aotea Block): Part 2: , Waitangi Tribunal Rangahaua Whanui series,

8 Waitangi Tribunal, 21Sep2004 N W E S SH.40 A o t e a B l o c k Ohura R. Ohura South block Ongarue R. TAUMARUNUI TAUPO SH.41 SH.32 L. Taupo SH.3 Whanganui R. TURANGI Waitara R. SH.43 WHANGAMOMONA Ohura R. Whanganui R. Manganuiateao WHANGANUI R. SH.4 L.Rotoaira Pihanga Whangaehu R. Tongariro Ngauruhoe NATIONAL PARK Ruapehu SH.1 Tongariro R. L.Moawhango Waitotara R. Whanganui R. SH.3 PATEA SH.4 Whangaehu R. MATAROA Mangapapa R. TAIHAPE WANGANUI Turakina R. MARTON SH.1 Rangitikei R. Ohura South blocks Inquiry district boundaries Aotea block Crown forest Taranaki confiscation line Railways SH miles 100 km Map 1 : Location of Ohura South in the Whanganui Inquiry District Whanganui/tim04/1loc

9 Waitangi Tribunal, 24Sep2004 Ohura South km 60 miles Map 2 : Location of Ohura South in the Rohe Potae (Aotea) Block

10 Whakapapa Waitangi Tribunal, 24Sep2004 N W E S K No.4 S.H.43 S.H.4 iver km 6miles State highways Railways R S.H.40 K No.5 rue Onga A1 Taranaki confiscated lands S.H.43 OHURA Ohura r Rive K No.2 K No.1 K No.3 Wanganui H River L O F N E A M G TAUMARUNUI C No.2 D OWHANGO C No.3 C No.1 B River Wanga n ui S.H.41 River Map 3 : Location of Ohura South subdivisions S.H.4 Whanganui/tim04/3blocks

11 4. Control and alienation of Ohura South lands, c This chapter provides an overview of the administration, alienation, and control of Maori land in the Ohura South block between c.1900 and It examines the alienation of the remaining Maori land in Ohura South under the administration of the Maori Land Council and Land Board system, and the impact of these processes on the management of Maori land. The degree to which the Maori owners were consulted about the disposal of their land, their responses to the actions of these bodies, and the impact upon their ability to manage the land, is also examined. This chapter also addresses the extent to which Maori land was compulsorily vested in the District Land Boards. As discussed in Chapter Three, the demand for land in Ohura South was connected to a desire in the settler community to open the Rohe Potae for settlement and profitable extractive industry. With the establishment of the Taumarunui Native Township, the completion of the Main Trunk Railway, and the development of sawmilling and European farming, a strong settler presence was established in the area which placed pressure on Maori land ownership. As demand for land increased, Maori land holdings were splintered through the intensive partitioning of those holdings for leasing and selling. Leasing was initially the most popular form of alienation, but as selling land became easier after 1913 it took precedence over leasing. It is estimated that 41.4 percent of the remaining Maori land in Ohura South was alienated by sale between c.1900 and Crown purchases in this period were almost nothing, the purchases being by private individuals with the confirmation of the Maori Land Councils/Boards. The control of Maori land was made more difficult by the process of the Native Land Court, which was problematic in terms of representation, cost, and in the impact it had on the management of land holdings. The incursion of settler administration also impacted on Maori land ownership, as local bodies began to demand rates from owners, with the threat of compulsory alienation if payment was not made Administration of Maori Land, c The subdivision and alienation of Maori land in Ohura South during this period occurred within a changing administrative system. From an initial legislative push to reduce the volume 11

12 of Maori land being alienated, and to give Maori more control over the administration of their land, the legislation increasingly shifted towards enabling settler to acquire Maori land. In 1899, the Native Land Laws Amendment Act brought Crown purchasing of Maori land to a halt, with the exception of transactions that were already in progress. 3 The Maori Land Administration Act 1900 created a system of Maori land districts, with a Land Council in each to administer them, intended to regulate the administration and alienation of Maori land. These Councils were to have the Native Land Court s power to ascertain and divide interests, they were to oversee and approve all alienations by lease or sale, and had to ensure that Maori had enough land left after alienations to avoid landlessness. 4 Maori owners were invited to voluntarily vest land in District Maori Land Councils on trust, with instructions and advice about its use and alienation. 5 The Councils had little to do with alienations by sale, which remained the jurisdiction of the Native Land Court. Councils were primarily concerned with approving applications by settlers to lease Maori land. 6 Despite some pressure in the settler community, Maori remained insistent that leases were not made perpetual, as was commonplace for leases of Crown land. 7 The members of these Councils were a combination of individuals nominated by the Crown and Maori members elected by the Maori population of the district. They had a majority of Maori members. 8 The Hikairo-Maniapoto-Tuwharetoa Maori Land District Council (shortened to Maniapoto- Tuwharetoa in 1902), which administered Ohura South lands, was formally constituted on 18 December The Council remained in existence until 1905 when it was replaced by the Maniapoto-Tuwharetoa Maori Land Board. 10 Few applications were processed by this Council, and business was slow and painstaking. The few applicants for leases were generally required to attend up to six or seven hearings before a decision could be reached by the members. 11 By 1905 the government was under considerable pressure to abandon the Councils, due to the slowness of the process and the minimal area of land vested by Maori, thus frustrating the 3 Native Land Laws Amendent Act, New Zealand Statutes, 1899, no. 30, s.3. 4 Maori Lands Administration Act, New Zealand Statutes, 1900, no. 55, ss Maori Lands Administration Act, New Zealand Statutes, 1900, no. 55, s Donald M Loveridge, Maori Land Councils and Maori Land Boards: A Historical Overview, Waitangi Tribunal Rangahaua Whanui series, 1996, Chapter Two. 7 Marr, Alienation of Maori Land in the Rohe Potae, p Maori Lands Administration Act, New Zealand Statutes, 1900, no. 55, s.6. 9 New Zealand Gazette, 1901, Dec 19, No. 106, pp Loveridge, Maori Land Councils and Maori Land Boards, p. viii 11 Maniapoto-Tuwharetoa District Maori Land Board Minute Book 1, , AREPRO 4711/773, ANZ Auckland. 12

13 Government s hopes of freeing up unutilised land. 12 The Maori Land Settlement Act 1905 made significant changes to the provisions for the alienation of Maori land. The elected Councils became Boards nominated by the Government, and these Boards were given the power to compulsorily vest unutilised land. Restrictions on private leasing were also removed, subject to the approval of the Boards, and the Boards were allowed to purchase Maori land, provided that sufficient land was retained by the owners. 13 The Board scheme dispensed with the Maori majority, and members now consisted of two Pakeha representatives and one Maori representative, all appointed by the Government. 14 An amendment Act in 1906 allowed the Boards to compulsorily vest lands that had not been properly cleared of noxious weeds, and land which, in the opinion of the Native Minister, is not being properly occupied by the Maori owners. 15 The Native Land Settlement Act 1907 gave the Maori Land Boards the ability to compulsorily vest unutilised Maori land in themselves, and required them to sell half the vested land. This was the first time the Boards were able to alienate vested land through sale, rather than leasing. 16 Donald Loveridge has noted, In 1900 the land councils had been given a limited role in regulating the alienation of all Maori freehold lands. By 1908 their successor land boards wielded virtually sole authority over the leasing and sale of such lands.' 17 The 1907 Act gave the Maniapoto-Tuwharetoa Maori Land Board much greater influence in its district, by substantially increasing the amount of land it controlled, and increasing its role in both the leasing and selling of Maori land. 18 The Native Land Act 1909, while primarily a consolidating Act, brought about significant changes to the process of alienation. The Act removed All prohibitions or restrictions on the alienation of land in Maori ownership, with the Boards confirmation necessary for each transaction. Where there were more than 10 owners in a block, decisions about alienations were to be made by an assembled meeting of owners, and when there were less than 10 owners it could be sold in the same way as European land. In their role of confirming 12 Loveridge, Maori Land Councils and Maori Land Boards, Chapter Four; Marr, Alienation of Maori Land in the Rohe Potae, part 2, p Maori Land Settlement Act, New Zealand Statutes, 1905, no. 44; Loveridge, Maori Land Councils and Maori Land Boards, p.61; Rachel Willan, Maori Land Sales, , commissioned by the Crown Forestry Rental Trust, 1996; John Hutton, A Ready and Quick Method : The Alienation of Maori Land by Sales to the Crown and Private Individuals, , commissioned by the Crown Forestry Rental Trust, 1996, p Marr, Alienation of Maori Land in the Rohe Potae, pt. 2, p Maori Land Settlement Act Amendment, New Zealand Statutes, 1906, no. 62, ss Loveridge, Maori Land Councils and Maori Land Boards, p Ibid p Marr, Alienation of Maori Land in the Rohe Potae, part 2, pp.11,

14 transactions, the Boards were expected to ensure that the interests of the Maori owners were being served, and that they would not be rendered landless. Loveridge argues that the Act was intended to further hasten the alienation of land, in the way that the 1905 Act had before it. 19 After the Native Land Act 1909 was passed, the Maniapoto-Tuwharetoa District was abolished, and Ohura South lands were partly administered by the Waikato-Maniapoto District and partly by Aotea District Land Boards. 20 Between 1909 and 1917, there were one or two applications per year to the Waikato-Maniapoto District Maori Land Board for a meeting of assembled owners to be called regarding Ohura South lands, to discuss either a lease or a sale. In all instances the Board upheld the resolutions made by these meetings. 21 The Native Land Amendment Act 1913 contained, according to John Hutton, the only significant changes to the [1909 Act] prior to the Native Land Act The Native Land Courts were amalgamated into the Boards, and the membership of the Boards was reduced to the Judge and the Registrar of the Land Court, dispensing with any Maori representation whatever in the decision-making process. Tom Bennion argues that the terms of this Act reflected the farmer-friendly policies of the newly-elected Reform Party, who wished to further hasten the process of alienation, and ensure the security of tenure for settlers Vesting of Ohura South lands in Maori Land Councils and Boards, c The Maori Land Administration Act 1900 allowed for Maori Land to be vested in the Maori Land Councils, but in 1907 the only Ohura South land to have been vested was in the Taumarunui Native Township. 24 In 1907, the Stout-Ngata Commission examined the Maori land in the North Island to establish what was required by the Maori owners for their sustenance, and what was unutilised, and thus available for compulsory vesting in the Maori Land Boards. Partly as a result of this inquiry, the Native Land Settlement Act 1907 was passed, which gave the Boards the power to compulsorily vest land in themselves. It also 19 Loveridge, Maori Land Councils and Maori Land Boards, Chapter Nine. 20 Ibid. Portions of Ohura South subdivisions B, C, D, and M were located in Aotea District, and the rest were in Waikato-Maniapoto. 21 Waikato-Maniapoto Maori Land Board Minute Books 4-14, AREPRO 711/ , ANZ Auckland. 22 Hutton, A Ready and Quick Method, p Tom Bennion, The Maori Land Court and Land Boards, , Waitangi Tribunal Rangahaua Whanui series, 1997, Chapter One. 24 Native Lands in the Rohe-Potae (King-Country) District, AJHR, 1907, G-1B, p.7; Native Lands Vested in the Maori Land Boards, AJHR, 1910, G-10; Native Lands Vested in the Maori Land Boards, AJHR, 1911, G

15 required that half the land vested in the Boards be sold, which included lands that had been protected from sale at the time they were vested. 25 Part of the Commission s brief was to examine the Rohe Potae district for unutilised land which could be vested in the Waikato-Maniapoto Maori Land Board, who could lease or sell the land to interested individuals. The Commisssion identified 63 sections in Ohura South which fitted this criteria. 26 The Native Land Settlement Act 1907 enabled the Government to vest the sections mentioned by the Commission in the Maori Land Boards, prompting the Commission to reassess its previous recommendations. The Commission found that since the previous year a great deal of land in the area had been leased, including many of the Ohura South subdivisions it had previously put forward for vesting in the Board. 27 Several of the Ohura South sections nominated for vesting by the Commission came up for consideration by the Native Department. In 1908 the Commission re-nominated the acre F2B subdivision for vesting in the Maori Land Board, under Part 1 of the 1907 Act, subject to papakainga land being set aside for two owners. The rest of the owners had requested that they wished the section to be leased. 28 The available evidence suggests that this recommendation was not actioned, and the section was not vested in the Maori Land Board. 29 In May 1909 the Native Department requested an urgent review of the records relating to the acre F2C subdivision, which adjoined F2B. This was one of the original subdivisions recommended for vesting by the Commission in On 14 December 1909, F2C was vested in the Waikato-Maniapoto Maori Land Board under Part 1 of the 1907 Act. 31 The Board leased the subdivision to James O Reilly for 21 years, beginning on 27 September The lease was transferred between lessees several times before the Board renewed the lease on 1 July In 1954 the Board vested the land in the Maori Trustee, who took over the administration of the subdivision. In 1958 the Maori Trustee leased the property to R.B. 25 Native Land Settlement Act, New Zealand Statutes, 1907, no. 62, s.11; Marr, Alienation of Maori Land in the Rohe-Potae, p Native Lands in the Rohe-Potae (King-Country) District, AJHR, 1907, G-1B, p Native Lands and Native-Land Tenure, AJHR, 1908, G1O, pp.1-2, Native Lands and Native-Land Tenure, AJHR, 1908, G-1O, p The relevant Certificates of Title and Native Land Court paperwork make no reference to this vesting having occurred. The section was partioned in 1910, and again in By 1914 a substantial portion of the block had been sold. 30 Under-Secretary of Native Affairs to Registrar of the Maori Land Court, Auckland, 28 May 1909, MA W /23/2 box 266, ANZ Wellington. 31 Declaring Land to be subject to Part I of The Native Land Settlement Act, 1907, 14 December 1909, New Zealand Gazette, 1909, p

16 Buckland, and the tenancy was transferred to another lessee in The section remains in Maori ownership today. 32 The Commission appears to have made a subsequent recommendation concerning subdivision C23D, and the Maori owners of N2B appear to have also put that subdivision forward for leasing by the Commissioners. 33 The vesting of Taumarunui Native Township lands has been dealt with in detail in Leanne Boulton s Native Townships in the Whanganui Inquiry District Research Report Establishment of settler interests in Ohura South The timber industry and railway construction brought Ohura South into the settler extractive frontier of transient seasonal labour. Together with the storekeepers and other permanent settlers in the area, these created a strong nucleus of settler population Ohura South and the surrounding district. 35 Previously, travel to the area had been difficult, access being either by riverboat from Wanganui or on horseback, but the construction of the Main Trunk Railway meant that the district became a serious proposition for settler commercial interests. As discussed previously, the northern railhead of the North Island Main Trunk Railway reached Taumarunui in December 1903, connecting the area with the Auckland market. The line was completed in 1908, and Taumarunui became an important local centre for the shipping of local produce. The 1906 census noted that Taumarunui had a European population of 307 people, and in 1911 it had risen to Being the northern railhead for several years, Taumarunui had an influx of rail workers, along with various small business interests to support this population. The Government had responded to an anticipated population boom by proclaiming Taumarunui a Native Township in November 1903, and plans of the township were available for inspection by January The town was created under the Maori Land Laws Amendment Act 1902, which allowed the Crown to form a European township on 32 Certificate of Title 78/300, Taranaki Land District. 33 Report of Conference at Waahi, AJHR, 1909, G-10, pp.3, Leanne Boulton, Native Townships in the Whanganui Inquiry District Research Report, commissioned by the Waitangi Tribunal, [2003]. 35 Tim Shoebridge, Settlers and Settling in Manunui, c , honours dissertation, Victoria University, New Zealand Census: Population and Dwellings, 1906, p.45; 1911, p Proclaiming Native Township of Taumarunui, 27 November 1903, New Zealand Gazette, n. 92, 3 December 1903, p.2506; Plan of Taumarunui Township to be Exhibited for Inspection, 12 January 1904, New Zealand Gazette, n.3, 1904, p

17 Maori land. Laid out by the Crown with land set aside for the Maori owners, the sections were leased but remained in Maori ownership. The district Maori Land Council was to administer the leasing of the sections, and pay the rental money to the Maori owners. 38 Issues and questions relating to the Taumarunui Native Township are discussed in detail in Leanne Boulton s Native Townships in the Whanganui Inquiry District Research Report. 39 The opening of the railway also made Ohura South feasible for large-scale sawmilling operations. As discussed in Chapter Three, sawmillers had been moving into Ohura South by the late 1890s, attempting to secure deals with local Maori. Some had been building mills and securing interests in Maori land in the area for several years in anticipation of the railway s completion. 40 A 1907 government report noted that at that time there were six mills in the immediate vicinity of Taumarunui, with three further mills in the neighbouring settlements of Manunui, Kakahi, and Piriaka. 41 Timber-milling was the dominant trade in the area until at least the 1920s, employing the majority of the workforce in the district, and clearing the land for future farming Leasing of Maori land in Ohura South, c Leases As noted in Chapter Three, there was a demand in the late 1890s amongst Maori owners in Ohura South to allow statutory restrictions to be removed, and to allow them to lease the land to Europeans. Some owners identified this as the only way that charges against the land made by the Land Court process could be cleared, and the land retained. 43 With the removal of these restrictions in 1900, Maori owners could lease land to settlers with the confirmation of the District Maori Land Council/Board. The Maniapoto-Tuwharetoa Maori Land Council heard around 10 applications for leasing of Ohura South lands between November 1903 and November These fell into two broad 38 Suzanne Woodley, The Native Townships Act 1895, Waitangi Tribunal Rangahaua Whanui Series, Boulton, Native Townships in the Whanganui Inquiry District Research Report. 40 Shoebridge, Settlers and Settling in Manunui. Ellis and Burnand in Manunui had been building there mill at Manunui and securing interests for about two years before the rail reached Taumarunui, and had built a tramway into Ohura South D by Department of Lands: The Timber Industry in New Zealand, AJHR, C-4, 1907, pp.13, Shoebridge, Settlers and Settling in Manunui. 17

18 categories, those of farmers trying to acquire leases over large tracts of land in the hill country of the K blocks, and sawmillers trying to lease sections of land around Taumarunui for tramways and timber cutting. 44 The Council was rigorous in its examination of these applications, and few were approved during its tenure. A proposed lease of K12C4, to George Loveday in September 1903, indicates the terms that were being considered. Loveday and Te Warahi te Whiutahi agreed to a 21-year lease of the section, with a rental of 10d per acre, with compensation for improvements to the lessee at the conclusion of the lease. The lessee was to have coal rights over the property. 45 In November 1903 Loveday accepted the Council s alternative rate of 1s per acre, and that the value of the improvements was not to exceed 3 per acre. 46 A year later the lease was still not confirmed, with Loveday complaining that the land should be re-classified as second-class land, in order that his rental should be set at a lower rate. 47 In two cases the Council rejected applications for leasing made by settlers, on the grounds that there was no evidence that the owners understood what they were signing. 48 In his attempt to lease K12C2 in September 1904, prospective lessee Charles Edgecumbe was informed he would be required to pay the survey liens owing on the subdivision as a condition of his lease. 49 The lease of K22B to C.J. Ryan in November 1904 required Ryan to pay all liens, rates, and taxes owing against the property. 50 The other main business of the hearings was the applications by several sawmillers for the rights to put tramways through various subdivisions, with a rental of 21 years, and the right to remove timber. The annual rent was to be 5, although it is not clear whether this included the timber. After around a year of debate, the Council recommended that the Puketapu 43 Oliver and Shoebridge, Alienation of Maori Land in the Ohura South Block, part one, p Maniapoto-Tuwharetoa Maori Land Council Minute Book 1, AREPRO 4711/773, ANZ Auckland. 45 Maniapoto-Tuwharetoa Maori Land Council Minute Book 1, 3 September 1903, p.25, AREPRO 4711/773, ANZ Auckland 46 Maniapoto-Tuwharetoa Maori Land Council Minute Book 1, 25 November 1903, p.61, AREPRO 4711/773, ANZ Auckland 47 Maniapoto-Tuwharetoa Maori Land Council Minute Book 1, 14 September 1904, p.171, and 16 November 1904, p.202, AREPRO 4711/773, ANZ Auckland 48 Maniapoto-Tuwharetoa Maori Land Council Minute Book 1, 15 September 1904, pp , AREPRO 4711/773, ANZ Auckland 49 Maniapoto-Tuwharetoa Maori Land Council Minute Book 1, 14 September 1904, p.172, AREPRO 4711/773, ANZ Auckland 50 Maniapoto-Tuwharetoa Maori Land Council Minute Book 1, 16 November 1904, p.205, AREPRO 4711/773, ANZ Auckland 18

19 Sawmilling Company be allowed to construct its tramway, as it had secured the signatures of a sufficient number of owners. 51 The minutes of the Native Appellate Court record the details of the signing of a lease in the G4 subdivision sometime between 1901 and An agreement was drawn up for a piece of land at Matapuna, near Taumarunui, between Joseph Gardiner and the owner, Makere te Uruweherua. The lease document itself was a leaf out of a small notebook, with the agreement written in English. Harry Wilcox had translated for Makere and Gardiner, and the event had also been witnessed by Matapuna blacksmith Benjamin Le Prou, a Mr Hermitage, Tiraha, Hinaki, Keepa, and several other Maori. The lease was for 5 years, with a rental of 12 per annum. Makere te Uruweherua later described the signing of the lease: Harry Wilcox was the interpreter. He speaks Maori very well. Our agreement was put into writing. I thoroughly understood the agreement that was made. After the agreement had been written down in English it was explained to me in Maori by Harry Wilcox. I signed it by mark. I cannot sign my name. There were stamps on it. There were others with me who also signed the paper It was explained to me by Harry Wilcox why they signed, also by my son-in-law he understands English. When Wilcox explained the document to me he read it aloud so that everyone present could hear. 53 While this was a private lease agreement, made outside of the terms of the Land Board s control, it was consistent with the terms of the Board s requirements, and is probably indicative of how leases were made in this period. Table 1: Approximate number of leases and sales consented to by the Waikato- Maniapoto Maori Land Board, Year Number of leases approved Number of sales approved Maniapoto-Tuwharetoa Maori Land Council Minute Book 1, pp.137, 140, 142, , 164, , AREPRO 4711/773, ANZ Auckland 52 John Ormsby, Otorohanga Native Land Court Minute Book 42, 22 August 1904, pp Makere te Uruweherua, Otorohanga Native Land Court Minute Book 42, 22 August 1904, p Waikato-Maniapoto District Maori Land Board Minute Books 1-18, AREPRO 4711/773, 631, -632, , , ANZ Auckland. The minutes of Board business are sometimes unclearly or repetitively recorded, and therefore this listing should only be treated as indicative. 19

20 Year Number of leases approved Number of sales approved TOTAL APPROVALS When the Maniapoto-Tuwharetoa Land Board first sat in June 1906, the laggardly pace of application and confirmation was transformed into a more swift and efficient alienating process. 55 Within the first few days of sitting, the Board had received around 16 applications for leasing of Ohura South lands, and had approved most of these by the time the sitting was completed. In 1906 the Board received about 21 such applications for leasing, and received about 14 the following year. Most of these applications were approved. 56 The lease applications heard by the Board during this period were predominantly for the large hill country sections in the K subdivisions, these holdings being typically between 1000 and 2000 acres in size. 57 The rentals for these sections was 1s for a period of usually 10 years, followed by a higher rate of usually 2s for the residue of the lease. 58 In June 1906 the Puketapu Sawmilling Company agreed to much higher rates for its leases, which presumably included 55 Maniapoto-Tuwharetoa Maori Land Council Minute Books 1 and 2, AREPRO 4711/773 and 774, ANZ Auckland. 56 Maniapoto-Tuwharetoa Maori Land Council Minute Books 1 and 2, AREPRO 4711/773 and 774, ANZ Auckland. 57 Maniapoto-Tuwharetoa Maori Land Council Minute Books 1 and 2, AREPRO 4711/773 and 774, ANZ Auckland 20

21 timber rights, in the G4, M3, and C2 subdivisions near Taumarunui. 59 G4K1 (50.7 acres) was leased for 30 per annum, M3A1 (122.6 acres) for 83 4s, M3A2 (1382 acres) for 908 6s, C23A (102 acres) for 408, and C23B (936 acres) for s 8d. 60 In 1907 the Stout-Ngata Commission reported that at that time acres of Ohura South subdivisions A, B, C1, C2, C3, E, F, G, H, K1, K2, K3, K4, M, and N were leased or under negotiation. 61 In 1909 it was reported that 23,070.1 acres of land had been approved for lease in Ohura South between October 1904 and September During that time, only 1039 acres were alienated by sale. These figures do not take leases made between 1900 and 1904 into account. 62 With the changes brought about by the 1909 and 1913 Acts, the records of the Waikato- Maniapoto Maori Land Board become more brief and perfunctory. The minute books record the business brought before the Board in brief terms, noting whether the applications were confirmed, rejected, or adjourned, but rarely noting discussion or debate. With the passage of the 1909 Act, applications to the Board were made on stock application forms, perhaps making the statutory requirements clearer to applicants, and making Board business consequently more routine. 63 Leasing of land remained steady in the period up to 1923, although alienation by sale became more common after As legislation after 1909 increasingly improved the terms of tenure for settlers on freehold and Crown land, settler lessees of Maori land grew frustrated over the terms of their leases. A number of problems with leasing Maori land in Ohura South were becoming apparent by the 1920s, most of them reflecting the procedural and statutory problems of the wider process. The terms of the leases, while confirmed by the Land Boards, were negotiated at an individual level, and problems sometimes arose from the vagaries of these agreements. In August 1921, Frances Clara Gardner signed a lease with the owners of F2B2B, on behalf of her brother, the sawmiller David Gardner. Gardner cleared the land of timber, and sold the felled timber to a Taumarunui sawmilling firm, before selling the lease in There was no clause in the 58 King-Country Native Lands, AJHR, G-11, 1909, pp Waikato-Maniapoto Maori Land Council Minute Book 1, AREPRO 4711/773, ANZ Auckland. 60 King-Country Native Lands, AJHR, G-11, 1909, p Native Lands in the Rohe-Potae (King-Country) District, AJHR, 1907, G-1b, p King-Country Native Lands, AJHR, 1909, G-11, pp It is not clear from the source whether these leases were all proceeded with, or whether they were just approved. 63 See for example Regulations relating to Maori Land Boards under the Native Land Act, 1909, and its amendments, 24 August 1914, New Zealand Gazette, n.91, 1914, pp See Table 1. 21

22 lease regarding compensation for the selling of timber, and the owners proceeded with legal action against the Gardners. In October 1925, the Court of Appeal ruled against the owners, considering the actions of the Gardners as not inconsistent with the general terms of the lease. 65 The situation reflected the vagaries of leasehold arrangements for both parties. The spectre of land speculation was another possible risk of the system of incremental and ad hoc leasing. In 1907, the Stout-Ngata Commission expressed concern about the leasing activities of the Craig family, who had leased 4455 acres in the Maniapoto-Tuwharetoa District, some in the K1 and K3 subdivisions of Ohura South. 66 The Commission noted that It was possible for a resourceful man, who knows where to look for the influence necessary to round up the scattered owners of a block to obtain their indispensable signatures. It was also possible, the Commission considered, to successfully negotiate all the leases required, and even to set up a business as medium for obtaining leases for less fortunate settlers who were not so well versed in the under-ground method of dealing with Native lands. 67 The President of the Board responded that the leases had all been individually approved by the Board, and there was nothing the Board could do to stop it. He also noted that he considered the case exceptional. 68 The issue of speculation arose again in 1917, with the Secretary of the Native Land Purchase Board describing the issue as a postive scandal. 69 This problem of uncertain terms of leasing came to a head in the late 1920s. Lessees in the Rohe Potae area began to place pressure on the government to bring Maori leases more in line with leases on Crown land. Although Coates, the Native Minister, was reluctant to interfere with what he considered private contracts, a Commission of Inquiry was appointed in late 1928 to hear the grievances of lessees in the Waikato-Maniapoto District. 70 The Commission was chaired by Charles MacCormick, a Judge of the Native Land Court, and two settler farmers. It heard settlers complaints in Te Kuiti, Taumarunui, and Otorohanga in May The most common complaints concerned the lack of security for lessees, who felt that the Maori owners were reaping all the benefits of the settlers improvements. Many felt that rents 65 Te Porou Hirawanu v. Gardner, New Zealand Gazette Law Reports, 1925, pp ; Hirawanu v. Gardner, New Zealand Law Reports, 1926, pp Confidential Memo Under-Secretary Native Affairs to President Waikato-Maniapoto District Maori Land Board, 20 June (The Commission s letter was reproduced in this memorandum. The original letter was not on file) 67 Under-Secretary Native Department to President Maniapoto-Tuwharetoa DMLB, 20 June 1907, MA 19/9, Maniapoto-Tuwharetoa Maori Land Board President Maniapoto-Tuwharetoa DMLB to Under-Secretary Native Department, 21 June 1907, MA 19/9, Maniapoto-Tuwharetoa Maori Land Board Marr, Alienation of Maori Land in the Rohe Potae, pt. 2, p MacCormick commission papers, MA1 1929/518 v.1, ANZ Wellington. 22

23 were too high, and that State funding for improvements was frequently not granted to lessees. 71 The common demand was for the option of freeholding their holdings, and ultimately the Commission stated that this was the only practical solution to the lessees problems. 72 The Commission was chiefly intended to compass settler opinion, and Maori participation was minimal. When the Commission sat at Taumarunui on 22 May 1929, it heard five lessees of Ohura South lands complain about the terms of their leases. All complained that the rates they had to pay were too high, and they were concerned that they would not be properly compensated for their improvements at the expiration of their leases. In most cases the Commission felt itself unable to make a recommendation under the current legislative framework. 73 The government responded to the Commission s findings with the Native Land Amendment and Native Claims Adjustment Act 1929, which enabled the Waikato-Maniapoto Board to inquire into contested leases, and to make such variation [of the terms of the lease that] shall seem to the Board to be just and expedient. 74 A number of Ohura South settlers made applications under these Acts in the next few years, such as Joshua Harris in June 1931, who had his rent reduced at the Board s recommendation Timber leases As noted above, timber leasing was a significant form of leasing in Ohura South in the period In 1907 the Stout-Ngata Commission recorded that acres of land in Ohura South were under timber leases, in the C2, D, G, and M subdivisions. 76 In 1909, the AJHR reported that 3393 acres of Maori land in Ohura South A, B, D, and G had been approved for timber leases between October 1904 and September 1909, suggesting that many of the leases were probably made between 1895 (when legislation allowed them) and Report of the Royal Commission to inquire into matters relating to Leases of Native Lands in Waikato- Maniapoto Native Land Court District, AJHR, 1929, G Report of the Royal Commission to inquire into matters relating to Leases of Native Lands in Waikato- Maniapoto Native Land Court District, AJHR, 1929, G-7, p MacCormick commission papers, MA1 1929/518 v.1, ANZ Wellington. 74 Native Land Amendment and Native Claims Adjustment Act, New Zealand Statutes, 1929, no. 19, s.30. See also Native Purposes Act, New Zealand Statutes, 1931, no.32, s MacCormick commission papers, MA1 1929/518 v.1, ANZ Wellington. 76 Native Lands in the Rohe-Potae (King-Country) District, AJHR, 1907, G-1b, p King-Country Native Lands, AJHR, 1909, G-11, p.16. It is not clear from the source whether these leases were all proceeded with, or whether they were just approved. 23

24 Before 1907 the statutory requirements for timber leases were poorly defined. Evidently until 1907 applicants for timber leases were required to apply for an exemption from section 117 of the Native Lands Act 1894, which prohibited anyone except the Crown from acquir[ing] any estate or interest in any land owned or held by a Native or Natives. 78 Under the Maori Land Claims Adjustment and Laws Amendment Act 1907, the terms of existing timber leases were required to be brought before the Boards for confirmation, and the number that were brought before the Board indicate how informal many of the previous arrangements had been. Many agreements had been made without the Maori Land Council/Board s confirmation. 79 Twelve such applications for Ohura South timber leases were before the Waikato-Maniapoto Board by February After the passage of the 1907 Act, it became standard practice for applicants for leases to stipulate whether the land in question had any timber on it, and what agreement had been come to in relation to it. 81 In some cases where timber was standing on sections to be leased, the Maori owners of the section would undertake leases with sawmillers to clear the section, and settlers to farm the section after milling was complete. 82 A surviving timber lease from July 1904 details the agreement to fell and remove timber between Charles Dallas, Alexander Laird, and Andrew Riddell, and the Maori owners of subdivisions A2A and A2B. The total acreage of the two sections amounted to 701 acres. The lease was a formal contract, enabling the lessees and their employees to have free access to the land to remove all timber, both severed and unsevered from the ground. The lease gave the lessees no rights whatever over the land where the timber was growing. The lease fixed prices for timber per 100 superficial feet, with different prices being offered for different kinds of timber. The most valuable were totara and rimu, which were worth 2s per 100 feet, down to sleepers and strainers, which were worth 6d and 9d respectively. The lessees had the right to erect any building on the site, or bring in any livestock or machinery necessary. The lessees were to keep good accounts of their activities, which were to be available to the lessors for inspection. The lease further stipulated that if any owners in the block did not wish to be party to the lease, it was the lessors responsibility to apply for partition of the block in the Native Land Court. The lessees were to have a functioning sawmill built on the site by 1 78 Native Land Court Act, New Zealand Statutes, n.43, 1894, s.117; correspondence relating to milling in Ohura South, MA1 1906/205, ANZ Wellington. The Native Land Laws Amendment Act, New Zealand Statutes, no. 52, 1895, s.4, provided for these exemptions to take place through an Order-in-Council; see also Returns of Applications under the Provisions of Section 4 of The Native Land Laws Amendment Act 1895, AJHR, G-6, 1906; G-9B, Maori Land Claims Adjustment and Laws Amendment Act, New Zealand Statutes, 1907, no.76, s Maori Land Administration Notices, 31 January 1908, New Zealand Gazette, n.9, 1908, pp See Waikato-Maniapoto Maori Land Board Minute Books See for example Waikato-Maniapoto Maori Land Board Minute Book 8, 14 May 1912, pp 64-5, AREPRO 4711/

25 March 1905, or they would have to pay 10 per month to the owners as a royalty. The lessors were only permitted to remove waste timber from the property for their own use. The signatures of the owners were witnessed and countersigned by a JP or the Taumarunui postmaster, and a licensed interpreter. Drawn up by a lawyer, it appears to have been written as a contract, rather than in relation to any specific statutory provisions relating to milling timber on Maori land. It remained a private agreement until March 1909, when it was brought before the Waikato-Maniapoto Maori Land Board for ratification under the 1907 Act. 83 Agreements of this kind seem to have caused some difficulty in the period before the 1907 Act. In December 1903, the Native Land Court granted an injunction against owners trying to sell timber rights to sawmillers before partition of several of the subdivisions near Taumarunui had been completed. At that time Dallas and his partners were in negotiation with some of the owners of G4, M3, and C23 for timber rights, on behalf of a number of owners Sales of Maori land in Ohura South, c As noted above, following the restrictions on alienation in 1899 and 1900, the sale of Maori land was prohibited until After these restrictions were lifted, W.H. Grace was appointed land purchase officer for the Rohe Potae for several years, but the Crown did not purchase any Maori land in Ohura South during this phase of purchasing. 85 Published reports in the AJHR indicate that the only Ohura South land purchased by the Crown in this period was the acre M3B2B subdivision in While applications for leases continued to predominate Board business after 1905, applications for the removal of the restrictions against purchasing began to be submitted in Only one sale of Maori land occurred in Ohura South before 1909, a acre block in the K1 subdivision. 87 Purchasing came to be the predominant form of alienation of Ohura South lands after Ohura South A2A and A2B, MA1 1914/2582, ANZ Wellington. 84 Otorohanga Native Land Court Minute Book 41, pp 329, 356; Otorohanga Native Land Court Minute Book 42, pp See the annual reports on land purchasing, AJHR, , G-3a. 86 Blocks Fully Acquired and Proclaimed Crown Land, , AJHR, G-9, 1927, p.7; AJHR, , G- 3; AJHR, , G-3a; AJHR, G-9, In 1915 the H1 subdivision was under negotiation, but it appears not to have been completed in this period (AJHR, 1915, G-9, p.14). 87 King-Country Native Lands, AJHR, 1909, G-11, p See Table 1. 25