REPORT TO WAITANGI TRIBUNAL ALIENATION OF LAND WITHIN THE PARIHAKA BLOCK

Transcription

1 l >. ] REPORT TO WATANG TRBUNAL ALENATON OF LAND WTHN THE PARHAKA BLOCK.. ; ~ This report was prepared by Marlene Benson with assistance from Milton Hohaia May 993

2 ~. 28 TABLE OF CONTENTS PAGE.0 ntroduction 2.0 Table - Schedule of Land Granted by the Crown to Maori, within the Parihaka Block 8 r ~.."'."" j~~ ) t Background information and Title Histories of the Reserves made within the Parihaka Block: Table 2 - Summary of alienation in the reserves on the seaward side of the main road Block, Opunake Survey District: Section 4, Section 7, Section 72, Section 73, Section 78,. Section 8, Section 84, Section 88, Section 90, Section 95, Section 96, Section 99, Section 0 Section 02 Whatarau te Manu Eruini Kerepa Taharangatira Otukarewa. Pungarerere Tawhitinui haia Ngakirikiri Parimoto Reserve Okahu Reserve Raumati & one other Manahi Te Tokaroa Kerenene Pukerimu Block 5, Opunake Survey District: Section, Section 5, Oraukawa Paparoa Block.5, Cape Survey District: Section 5, Tuiraho Block 8, Cape Survey District: Section 2, Section 92, Section 93, Section 94, Tarakihi. Whanganui hutangi Whatarau Ariki PAGE

3 Section 95, Section 26 karoa Wharehoka &Whatarau ] ( \ : Block 2, Cape Survey District: Section 4, Section 29, Section 3, Section 39, Section 5,.Section 54, Section 55, Section 56, Section 57, Whqrehoka Te Pokaiheruiwi Ruaroa Wi Tako Ngatata and another Wi Tako Ngatata Otuakaia Reserve Mataurukuhia Reserve Tipoka Waitaraiti Wairua Section 23, Pungarehu Reserve Background Title history Table 3 - Summary of alienation within the Pungarehu reserve ] Ngatihaupoto Reserve Background and summary Title Histqry - Table 4 - Summary of alienation Ngatihaupoto reserve within Ngatituhekerangi Reserve Background and summary Title History Table 5 - Summary of alienation within Ngatituhekerangi reserve. Parihaka Reserves Summary and Background Title History Map of Reserve Table 6 - Summary of alienation within the Parihaka reserves Parihaka Papakainga Tapuinikau Title Histories Waiotama Summary and Background Title History Table 7 - Summary of alienation within the Waiotama Reserve

4 283 ) PAGE 4.0 Table 8 - Summary of Alienation that occurred within the whole of the Parihaka Block 204 Map of Parihaka Block! Conclusions about the main methods of Alienation: Public Trustee management of the Land Legislation and partitioning of the Reserve Crown purchases Sales confirmed by District Maori Land Board 228 or the Maori Land Court. 5.5 Amalgamation of the west Coast leases 23 and sales by the Maori Trustee in the 970s ~ j~~) Declarations made under Part of the Maori Affairs Amendment Act 967 Development Schemes Crown sales and Leases of the Land not Granted to Maori within the Parihaka Block 242.).( 7.0 Summary of available information on what happened to the money controlled by the Public Trustee 26 ) l ii ';. :rh).. h!t ~~{

5 ).0 NTRODUCTON The aim of this report is to provide information on what happened to the land within the Parihaka Block from the time it was confiscated to the present. For the purposes of this report the Parihaka Block is the land from the sea to the mountain, between the Waiweranui stream in the north and Moutoti in the south. The boundary in the east has been' taken as the edge of the National Park. ' t L. :D :"'!>... r The land within the block was confiscated by the Crown in 865 under a proclamation of 2nd September 865 under the New Zealand Settlements Act of 963. (NZG 5/9/865) There were no sales by Maori of any of this land from the time it was confiscated in 865 to the time of the West Coast Commission in'880. There are also no ~ecor9s of any payments of any other kind being made for any of the land during this period. -,ft.,...,' ~ ~, Of the approximately acres in the block, a total of were granted to Maori by the Crown from 882 (see schedule Table for a description of the lands granted). The rest of the land was either sold or reserved by the Crown (see section 6.0). The bulk of this report is concerned with the land that the Crown chose to grant to Maori within the Parihaka Block. A title history of each of these grants has been prepared and this report aims to identify the main methods of alienation that occurred and the degree of choice that was involved by the owners in these alienations. There is also a summary of the records that have been located concerning the money from the West Coast leases that was controlled by the Public Trustee. During the period that this report covers there were rapid changes both in land ownership/control and land use.('.;"!lla't:~,.. Prior to the confiscations apd up until the paahua~(the, suppression and invasion of Parihaka in November of 88) the land was under hapu and iwi control and organization. The land provided an economic base for these people and n

6 2 parts of the Parihaka Block had been developed by the iwi to use for intensive horticulture including large areas of wheat to supply the two flour mills. n 865 there were also large continuous tracts of native forest which supported a wide range of different birds and plants. Since confiscation the control of the land has changed from being communally owned/controlled to being under mainly individual ownership (largely non-maori) and the land itself has been cleared and developed for intensive agriculture use, mainly dairy farming. The main issues and concerns that have emerged during the writing of the report can be summarized as follows: LAND GRANTED TO MAOR The Crown made the first sale of the land that it had confiscated within the Parihaka Block in May 88 over 8 months before it granted any land to Maori. ~ The Crown was totally in control of the process of issuing 'grants to Maori and so could decide ~hat proportion of this land could be pold by the Crown and what proportion -of the block was to be granted. ' The amount of land granted was supposed to be enough to support the people named in the grants. However in no reserve does the amount granted to each person achieve the 50 acres, that is specified in Section 24 of the Native Land Act of 873. n the end, the total area of the reserves is only acres, which is over acres less than was at one time or another promised by the Crown. The reserves on the sea side of the road were mainly small isolated areas of land, with little economic value~ Although the grants made here were important in terms of reserving places of special significance to the owners, the size of the reserves, did not allow any of the former paa sites in this block to provide an economic base for the iwi. The Crown could also make the decision about which parts of the land within the block were granted. t is not known exactly when or how it decided what paa sites, cultivations, urupa and fishing sites to grant in the seaward side and what not to' grant. The bulk of the land "granted to Maori is on the inland side of the main south road. This is less suitable for use for intensive " '" horticulture, as it is nearer to the mountain, and

7 3 j therefore has a shorter growing season and more frosts. The Crown made the decision about whose names the grants were made in - it was acknowledged that very few people from this block attended the west Coast Commission hearings, the names being supplied by Hone Pihama and others. This raises the question of how many names were omitted. The determination of the ownership of the land did not go through the procedures of the Land Court, and so there was no opportunity for people to disagree or add names to the lists. ] ] \ Lastly, the Crown was in charge of the legislation under which the grants were made. CONTROL OF THE LAND AFTER T WAS GRANTED TO MAOR The period after the grants were made in 882 and 883, up until 95-96, was the period where the Public Trustee had control of all the reserves in the Parihaka Block, under the various west Coast Settlement Reserves Acts and their amendments. The first issue about this, is why this control of tbe reserves was necessary anyway. The Taranaki wi haq-been in control of the land for many hundreds of years, without needing anyone else to make decisions for them. The level of control of the Public Trustee was increased under the 892 Act when the land was vested in the Public Trustee in fee simple in trust for the owners. t> The Public Trustee could now lease the land under leases that had a perpetual right of renewal. These leases have set the pattern for land ownership and alienation within the Parihaka Block ever since. These decisions could legally be made by the Public Trustee without adequate consultation or any input at all from the people who actually owned the land. The Public Trustee could also decide the terms of the lease. Even though technically there was a method available for the owners to be involved with the setting of rents, in practice it was usually set by the Public Trustee. The advantages of the perpetual west Coast leases were all with the leaseholders. They could mortgage the lease, sub let it, transfer it to others and also borrow money to develop the land from the Government. They also had security of tenure and could receive compensation for any improvements they made.

8 ( 4 The leases were supposed to provide an economic income for the owners. n fact due to the low rates of rents, the high costs deducted from rents and the inadequate amount of reserved lands, the amount of money received by the owners was insufficient to provide for their support. The Public Trustee decided to lease large proportions of the reserves - leaving little for the owners to live on or to eventually freehold. OCCUPATON LCENCES The attitude of the Public Trustee to the system of occupation licences is clear - it was to be used to break down the system of communal land ownership. This system allowed the Public Trustee an enormous amount of power. He could decide who could live on the land, where they could live, and how much they would have to pay for the licences. The occupation licences also gave the holders no security of tenure. PARTTONNG OF RESERVES j The authority in control of the partitioning changed often during the period from 88 to 93, creating confusion for the owners and the Public Trustee alike and affecting who would receive the rents from the leases and who could live where. n the period from 887 to 96 one section of the Ngatituhekerangi reserve had three different sets of owners. The partitioning in 95-96, under the West Coast Settlement Reserves Amendment Act of 93 and of 94 and 95, allowed the reserve~ to be individualized and meant that many of the owners only received uneconomic shares of land. Some people only received shares in land that was leased in perpetuity so they did not receive anywhere they could actually live. The freehold orders meant that people could now be charged for survey fees, rates and prosecuted for noxious weeds. METHODS OF ALENATON: Table 8 on page 92 summarises what has happened to the land in. each reserve.

9 5 Crown purchasing - Crown purchasing of land under the 909 Land Act is the most common way that land was alienated throughout the whole Parihaka Block. t accounts for 8 500,acres or 38% of the total land alienated in the block. This legislation removed the protection against alienation from the west Coast Settlement Reserve Acts and allowed at the request of the leaseholders, for the land that they held under West Coast leases to be freeholded. n the case of the Parihaka reserve this legislation also allowed for freehold land owned by Maori to be purchased by the Crown and then sold or leased to returned World War One soldiers. The first issue about this is why the Crown felt the need to do this in the first place - in who's interest were these purchases and how much were they made to fulfill Government policies to provide cheap farmland to pakeha settlers? There are also concerns raised about the method of purchasing - whether the owners were left landless, the,threats made by tpe purchase officers in order to get people to sell.the.la~d and the involvement of the Land ~ Court in purchasing. t~ ' Land Sales By Owners : ) Tt is difficult to determine at this stage the reasons behind the sales that took place by individuals of freehold land. Some of the factors that may have effected the choice people had over selling land include the charging orders for rates and survey costs that existed over many of the sections that were sold. Other factors that may have effected peoples choices were the uneconomic and fragmented nature of the land that people owned. There are also issues raised about the sales that took place through meetings of owners under part XX of the Maori Affairs Act of 953. This Legislation allowed for sales to occur even though not all the owners were present at the meetings or had even been notified of them. t also allowed for the approval of sales which owners present at the meetings objected to. Although this is all legal under the present and past legislation, none of these things can happen during sales of land other than Maori land and this legislation means that peoples land can be sold without their consent or

10 6 i " ",) ') even without their knowledge. Amalgamation and sale of the West Coast Lease Land - n 963 the land that remained under West Coast Leases was amalgamated onto one title in the name of the Maori Trustee: This decision had been arrived at following reports made by the Maori Affairs Department and meetings held with representatives of people who owned shares in the land (these are summarized in Taranaki Minute Book 73A). The decision to amalgamate the leased land meant that peoples individual shares were no longer attached to any particular piece of land but represented shares that they held in the whole Parininihi ki Waitotara Reserve. The result of this was that when the Maori Trustee approached shareholders and leaseholders in the late 960s to see if they wanted to buy or sell, the land was alienated on a first come first served basis. This means that in the case of the Ngatituhekerangi,reserve, of "whi:ch nearly half was sold by the Maori Trustee by this method, it is difficult to tell how many of the people who inherited their shares from interests in 'this particular piece of land, sold those shares. The questions that are raised by this method of alienation are - firstly why did this period of selling take place, did people understand the implications of having one title for the whole of the West Coast Reserves and how many of the owners were actually consulted before this decision was made. This period of selling represents a major dissatisfaction on the part of the owners over owning land that is held under West Coast Leases. Development Blocks - While this is not a form of alienation, it was decided to discuss the effects that placing land under the control of the Maori Affairs Department in this way, had on peoples ability to gain benefit from that land, or to be involved in the decision making about this land. The first question that was raised was the question of how people were able to decide to put the land under the control of the Maori Affairs and did they feel that they had a choice. The threats of charging orders for rates, noxious weeds and the placing of land under the control of

11 7 ) the Maori trustee, were factors that were present in all the land that was placed under the development schemes. The other issue raised by this method of land development is the lack of control the owners had after the land came under the control of the Maori Affairs Department in terms of the money that the Department spent on the blocks. All the land that has been developed in this way, has eventually been handed back to the owners with a substantial debt, a debt in one case that was more than the Government Valuation for the land. CONTROL OF RENTS BY THE PUBLC TRUSTEE n the final section on the monies from West Coast Leases controlled by the Public Trustee, the lack of information has hampered any definite conclusion from being reached. However it is clear that the available Public Trustee records do not show to whom the rents were paid and what happened to the unpaid rents. CONCLUSON The result of the Crown confiscation of the land of the Parihaka -Block and.the subsequent government polices and actions since, has resulted in only 5' 00 acres or % of the whole Parihaka Block remaining in Maori ownership today, 28 years later. Of this acres or 5 % is still held under perpetually renewable leases and so is not available for the use or occupation of the lands owners. j

12 8 ') "/ Table. SCHEDULE OF LAND GRANTED BY THE CROWN TO MAOR WTHN THE PARlHAKA BLOCK LANDS GRANTED AS THE RESULT OF RECOMMENDATONS BY THE WEST COAST COMMSSON: (AHR 884 Sess A5b pp & 2) Ngatituhekerangi Ngatihaupoto Rangiteihinga and 54 others Te Kahui and 46 others r / Waiotama 895 Wharawharanui & 46 others Ngatirangitumamao Te Whiti & Tohu Kakahi and 60 others Upokomutu Te Whiti & Tohu Kakahi and 65 others Ngatimoeahu Te Whiti & Tohu Kakahi and 5 others Section Blk X.C8D 25 Te Whiti Block, Opunake Survey District: Section 4, Whatarau te Manu Section 7, 0 00 Eruini Section 72, Kerepa Taharangatira Section 73, Otukarewa Section 78, Pungarerere Section 8, Tawhitinui Section 84, haia Ngakirikiri Section 88, Parimoto Reserve Section 90, Okahu Reserve Section 95, Raumati and one other Section 96, Manahi Section 99, 0 00 Te Tokaroa Section Kerenene Section Pukerimu Block 5, Opunake Survey District: Section, Oraukawa Section 5, Paparoa Block 4, Cape Survey District: Section Tuiraho

13 9 ) Block 8, Cape Survey District: Section 2, Tarakihi Section 92, 0 00 Whanganui Section 93, hutangi Section 94, 0 00 Whatarau Ariki Section 95, karoa Section 26, Wharehoka & Whatarau Block 9, Cape Survey District: Section 3, Tapuinikau Block 2, Cape Survey District: '. Section 4, Wharehoka f Section 23, Pungarehu Section 29, Section 3, Wi Tako Ngatata and another Section 39, Wi Tako Ngatata Section 5, Otuakaia Section 54, Ma t,aurukuhia Section 55, 5 o,00 Tipoka Section '0 00 Waitaraiti j,. Section 57, Wairua ~ TOTAL AREA: acres }

14 0 3.. LANDS RESERVED ON THE SEAWARD SDE OF THE MAN ROAD This section contains the background and title histories to the reserves made by crown grants on the seaward side of the main south road. r :~,.,./ \ ' :~l)' t"'~if;~~i' The reserves described in sections 3.2 to 3.34 were all made as a result of the recommendations of the West Coast Commission and are listed in the schedule that accompanies the Commission's 884 report. (ARH 884, Sess ASb p and 2) Many of the 34 reserves in this part of the Parihaka Block are small and isolated. There were 0 grants made that include fishing sites and a further 6 grants that protect paa sites. Only six of the reserves are of more than 00 acres, which means that most of them have a low economic value. The specific reasons behind many of these reserves are unclear. Seven of them were grants to individuals for "services rendered to,the government~' (AHR 880, GS Sections 6 and 7)., These grants were made' wi thout any restrictions on their alienation and five.of these were sold almost immediately they were granted. The reason behind the rest of these grants could have been to fulfill'the general promise made by the West Coast Commission to grant to Maori all areas under cultivation, and 'all urupa, fishing and paa sites (AHR 880, West Coast Commission Third Report, G 2B P 3). However the grants that were made in no way fulfill this promise.. There are many paa sites, and cultivations in this area, that were not granted to Maori and so remain unprotected. ' This is particularly true in the block of land between the Pungarehu and stent roads. This land had mainly been sold by the Crown to pakeha settlers, before any of the reserves were granted by the West Coast Commission. Because of this, very little of the land in this area was available to be granted to the Maori owners and the only reserves made are for the very small area between the coast road and the sea. (r ~ ~ ~, ( ~) Within this block of land there was a considerable area of land under cultivation and many paa sites. There is also no information available about how the :'~.

15 ) Commission decided which sites were to be. granted or how it chose what names to put on the grants. ~ } l.

16 2 ) Tabe 2: SUMMARY OF ALENATON N THE RESERVES TO THE SEAWARD SDE OF THE ROAD: CROWN PURCHASES: Tawhitinui Parimoto Manahi haia Pungarehu TOTAL: LAND HELD BY P K W: % ( Pt Pungarerere Pungarehu TOTAL: LAND OWNED BY MAOR: %. } Otukarewa Pt PU\garerere pt Okahu Te Tokaroa Section 0 Block, OSO Pukerimu Oraukawa Paparoa Tuiraho Tarakihi whanganui hutangi Section 94, Block V, eso karoa Section 26., Block V, eso Otuakaia Mataurukuhia Waitaraiti Tipoka Wairua Pungarehu TOTAL: % :. SALES BY OWNERS: :4:!l.tl~...: Section 4, Block, OSO le Section 7, Block, oso ~:.. jl

17 ) l' section 95, Block, OSD Section 4, Block X, CSD Section 29, Block X, CSD Section 3, Block X, CSD Section 39, Block X, CSD Pungarehu TOTAL: % LAND DECLARED TO BE GENERAL LAND: Section 0 Block, OSD Pungarehu TOTAL: % LAND TAKEN FOR POST OFFCE: Pungarehu o 00 TOTAL AREA OF RESERVES: LAND HELD AT ANY TME ON PERPETUAL WEST COAST LEASES Pungarerere Tawhitinui Manahi Parimoto haia Pungarehu TOTAL: % 3 t \ } ] t :q~,,:mi\, ~ t~iilll', : ~ ~>,

18 4 (. l ) :] T. "', TTLE HSTORES: BLOCK OPUNAKE SURVEY DSTRCT: 3.2 SECTON This land was granted to Whatarau te Manu by the Crown as a result of West Coast Commission recommendation. The grant was made without restrictions in October of 882 (Grant 3832). A title was issued for this reserve under the West Coast Settlement (North sland) Act of 880 and the West Coast Settlement Reserves Act of 88 (C/T 0/79). n a letter from William Fox to the Native Minister dated the 2nd of une 880, he discusses the reason for this land and several other sections being granted. He states - "these are cases of natives who have rendered special service to the government by using their influence in its favor and placing themselves in direct opposition to Te Whitii a fact which of course, has alienated them from their tribal relations and rendered it an object of importance that they should not be left entirely to participate in the,tribal reserv.e. The land had been reserved from sale when the block was advertised." (AHR 880, G5 Section 6). The land was sold by the owner in anuary of 883 for 75 pounds, and this transfer was certified as being correct under the terms of the 88 Native Land Fraud Prevention Act by Mr C Rawson, the Trust Commissioner. (Transfer 2392) 3.3 SECTON This land was granted to Eruini by the Crown in 882 (Grant 3828) and was to be "without restrictions". A title was issued in October of 882 under the West Coast Settlement (North sland) Act of 880 and the West Coast Settlement Reserves Act of 88.(C/T 0/75) The reasons given for granting this reserve are the same as for the land above. t was leased by the owner in 883 on a 2 year lease and ':;t,....,..' this was approved by C E Rawson as Trust Commissioner ~~~~~!6:' ~~~i~ the 88 Native Land Fraud Pr even tion Act (Lease

19 5 ) ~.~... )u L \ n 889 the land was sold by the owner for 49 pounds (Transfer 420). 3.4 SECTON This land was granted by the Crown to Kerepa Taharangatira in December of 882, the grant being made "without restrictions" (Grant 353). A title was issued for the land in December of 882 under the west Coast Settlement (North sland) 880 Act and the west Coast Settlement Reserves Act of 88. (C/T 0/78). The land was sold by the owner for 27 pounds and 0 shillings later in 882 and the sale was approved by C E Rawson, Trust Commissioner under the 88 Native Lands Fraud Prevention Act. (Transfer 2370). The reason given by the west Coast Commission for granting this land, was the same as for the first two reserves. (AHR 880 G5 P XXXV). 3.5 OTUKAREWA SECTON This land was granted to Mi rri by the Crown in October of 882 and the grant was made with the restriction that it was "absolutely inalienable". (Grant 380) A title was issued for the land in 882 under the WCS (North sland) 880 Act and the WCSR Act of 88. (C/T 0/54). The land concerned contains a urupa and a" kainga of Komutuawa and a tauranga waka. n the 95 Land Court hearings at Pungarehu, one of the descendants of the original owner said that: they wished to give the land back to the Waiotama iwi. A. list of names was put forward for ownership of the tauranga waka, with an additional name to be added to the list for the urupa. (Tar MB 25 pages 97, 59 and 60). A partition order was made by the Land Court under the WCSR Amendment Act of 93 in the name of people as "representing the families of hapu entitled to the land". (Tar MB 25 p242, Partition order, 9/6/96) n 952 the land was declared to be exempt for rates under the Rating Act of 925 (Tar MB 58 P 254, 25//952). The land is still owned by Maori but is not reserved. \

20 ) 3.6 PUNGARERERE SECTON The land was originally granted by the Crown to five people - "in trust for the Ngatihaupoto hapu" in December of 883 (Grant 4040). A title was issued for the land in 883 under the WCS (North sland) Act 880 and the WCSR Act of 88. The grant was made with the restriction that the land was "absolutely inalienable". The specific reason for this piece qf land being granted by the Crown is not known, although it could have been included in the promise of returning all paa and cultivations on the seaward side of the road. (AHR 880, west Coast Commission Third Report, G 2B P 3) The land was part of the reserves that were vested in the Public Trustee under the 892 WCSR Act and the Public Trustee leased the land in Sub ( acres) was leased for 9 pounds per year (Lease 4359). Sub 2 ( acres) was leased for 3 pounds per year (Lease 4360). Both leases were perpetually renewable leases under the WCSR Act of 892. These two leases covered the whole of the 75 ac~es of the reserve. ) Sub 2 was continued to be leased under a west Coast Lease (C/T 89/56 and 46/76). The lease for Sub was forfeited. A new title was issued for this reserve in 97 in the name of the Maori Trustee (C2/9). A Land Court order was made (NLCO ) vesting Sub of Pungarerere in Te Ake and 90 others and this land is now on the title PR 22/74. t is still in Maori ownership. Sub 2 of Pungarerere was transferred to title E4/59 in the name of the Maori Trustee (NLCO ) and was transferred to P K W in 979 (Transfer , registered 3/0/79). 3.7 TAWHTNU SECTON This land was granted by the Crown to Kahui Karerehe, Hemi Pua and Kama in October of 882 with the restrictions being that it was inalienable by sale, gift or mortgage and alienable by exchange or lease for 2 years, with the. consent of the Governor in Council (Grant 3824)., A title was issued (C/T 0/') under the WCS (North sland) Act of 880 and the WCSR Act of 88.

21 7 ) This reserve was part of the land that was vested in the Public Trustee in 892 (C/T 0/7,) and was leased by the Public Trustee from August of 894 under the 892 WCSR Act for three pounds per year (Lease 2596). n 897 the Public Trustee made an application to the Land Court to determine the interests of the three owners. A partition order was made for the land in the names of the three original grantees declaring their interests to be equal (R Ward, NP 5/0/897). n 96 the land was purchased by the Crown for 9 pounds (Deed 785, Dosli Head Office). The purchases were made from the 7 current owners as listed on the succession order in the Maori Land Court block file (Succession order schedule, Block File Tar 79). The land was declared to be Crown land in 96 (NZG No 66 8/6/96) and was later sold to the person who had been leasing it for 93 pounds (PR /526). 3.8 SECTON l :~~l~" "~' '.,),, This land was granted by the Crown in 882 to haia Ngakirikiri with the restriction that it be "absolute,ly inalienable" (Grant 3828). A title was issued in this persons name for the land under the WCS (North sland) Act 880 and the WCSR Act of 88. (C/T 0/72) t was leased by the Public Trustee for 5 pounds per year to Mr McDonald (Lease 2597) following a suggestion made by the Reserves Agent in Hawera (Public Trustee Grant File, NA,, MA-Mt Box, 92). Also on this file is a letter from haia the owner written in uly of 894 wanting to know why he hadn't been paid any rent even though the land had been leased for two years. The Public Trustee replied that it could not pay out until the relative interests of the owners had been defined by the Land Court. haia was the sole owner. (Public Trustee Grant file, NA, MA-Mt Grant File in Box 92) The person leasing the land applied to freehold it in 98 but according the Native Land Purchas'e officer the owner "refused to sell his interest". (NA MA-NLP 8/20/72) haia was succeeded to in 9'2 (Succession order, Block' file 989) and in 920 this person sold their shares in the reserve to the Crown. No deed has been located. The

22 8 ) } """ ~ -. L..~, i" :.-... details of the sale are recorded on the file of the Native Land Purchase Board (NA MA-MLP 8/20/72). The land was declared crown land in 920. (NZG No 55 4/6/920). 3.9 PARMOTO SECTON This land was granted by the Crown to Rangiteihinga alone in 882, with the restriction that it was "absolutely inalienable" (Grant 3809). A title was issued under the WCS (North sland) Act 880 and WCSR Act 88.(C/T 0/53) t was one of the reserves vested in the Public Trustee under the 892 act and the Public Trustee leased it from 90 for 7 pounds per year under the WCSR Act of 892 (Lease 4993). The leaseholder applied to buy the land in 96 but by 97 when it came before the Native Land Purchase Board they were not purchasing any more leasehold land in Taranaki. (NA MA-MLP.8/20/56). Eventually the Crown purchased the land from the three people who were listed as being the current owners (Succession order schedule, Block File 72) in 920 for 229 pounds. (Deed 648, Dosli Head Office). The land was declared to be crown land in 92 (NZG No 2 0/2/92) and was then sold to the person leasing it for 235 pounds (PR 4/335). n the Land Court sittings in 95 the owners had asked for the urupa to be cut out of the lease (Tar MB 23 P 36). There is no record of this happening and the urupa was included in the land that was later sold. Mr ack, as the Land Court udge, wrote to the Public Trustee asking if this had been done, but there as no reply (NA Grant file, MA-MT Box 92) 3.0 OKAHU SECTON A Crown grant was made for this land in 883 to Kahui with the restriction that it was " inalienable by sale or by lease or by exchange or by mortgage without the consent of the governor being previously obtained" (Grant 386), A title was issued under the WCS (North sland) Act 880 and the WCSR Act 88. (CfT 0/292)

23 20 ) ".~.- placed in the hands of a lawyer to collect the outstanding rent. There was a court case about this lease in 900. The case appeared to hinge on whether the lease was legal and whether the Public Trustee had any right to be involved in the reserve. The last point occurred because if the grant had been made as a result of a recommendation made before the west Coast Commission sat in 880 then it should not be under the control of the Public Trustee. The result of the court case from the point of the owner was that the Public Trustee charged the cost of the tri~l. - over 00 pounds to the reserve account. The money was taken out of the money due to the person for this land and also all the other shares in leasehold land that he held (Public Trustee Grant File, NA MA-MT Box 92). A freehold order was made in 96 in the name of the granddaughter who had succeeded to the original grantees (Freehold order, B ack, 3/3/96). She sold the land in 92 for 245 pounds (Transfer 4267). The sale was confirmed by the Aptea District Maori land Board under section 29 of the Native Land Act of 909. (Maori Land Court Alienation file, NA MLC-WG 3/920/665). 3.2 MANAH SECTON !.. :, " This land was granted by the Crown to Rangiteihi in October of 882 (Grant 3806) and was to be "inalienable by sale or gift or mortgage, alienable by exchange or lease with the consent of the Governor in council". A title was issued.under the WCS (North sland) Act 880 and the WCSR Act of 88. (C/T 0/50 Special register) t was part of the land vested in the Public Trustee in 892. The Public Trustee leased the land under a perpetually renewable lease for 2 years from 894 for 2 pounds per year (Lease 2595) This lease was renewed in 95 (C/T 83/25). The leaseholder applied to the Crown to buy the land in 98. Four people who had succeeded to the original owner sold their shares to the Crown in 99 (NA NLP 8/20/38). The land was purchased for 293 pounds (Deed 557, Dosli Head Office) and was declared to be crown land in une of 99. (NZG No 74 26/6/99).. The Crown later sold the land to the person who had been

24 2 leasing it for 339 pounds (PR 4/95) 3. 3 TE TOKAROA SECTON This was granted to Miru by the Crown with the restriction that it be "absolutely inalienable" in October of 882. (Grant 38) A title was issued under the WCS (North sland) Act of 880 and the WCSR Act of 88. (C/T 0/55) n 96 a partition order was issued for the land which listed people as being the owners - "representing the families of the hapu entitled to the land" (Tar MB 25 p 250). ] ) \ ".~ n 952 the owners were exempted from paying rates on the land. (Tar MB 58 P 254) n 986 the Land Court declared it to be a reserve under section 439 of the Maori Affairs Act of "as a burial ground for the common use of the Taranaki hapuu of Ngatihaupoto and Ngatituhekerangi and the descendants of Miru" (Taranaki Binder No 7) 3.4 SECTON This reserve is also sometimes called Tokaroa. t was granted by the Crown to Kerenene in 882 and the grant was made "without restrictions" (Grant 3833). ;- ) n 882 a title was issued under both the WCR (North sland) Act 880 and the WtSR Act of 88 (C/T 0/80) t has remained owned by Maori ever since and the current title is C/T 95/264. n 972 the land was declared to be not Maori land under Part of the Maori Affairs Amendment Act of 967. (status declaration, 2//972, Tar Block File 826). f# ",. 3.5 PUKERMU SECTON This land was granted by the Crown to Hamuera Rangiuru in October of 882 with the restrictions that it was "absolutely inalienable". (Grant 3835) A title was issued for the land under the WCS (North sland) Act of 880 and the 'WCSR Act 88. (C/T 0/82) There was some dissent about who the people who should :Df\",: ",,: ::" """" " '. ::~.. '.:.,'. :

25 ~') ] } /~- ( ] ]./ r!:: lot~~ succeed to Hamuera were. A succession order was made in 90 in favor of 2 people and in 902 as the result of a decision by the Native Appellate Court a different 3 people were named in a succession order. n 96 udge ack overturned both these succession orders and issued a freehold order for the land under the WCSR Amendment Act of 93 in. the name of 30 people. (Tar MB 25 P 236, 9/6/96). The land is still owned by Maori and is leased by the Maori Trustee. The Maori Trustee also owns some of the shares in the reserve (2.250 out of a total number of shares of 32) ) ] \

26 23 ') BLOCK V OPUNAKE SURVEY DSTRCT: 3. 6 ORAUKAWA SECTON This land was granted by the Crown to Rangiteihinga with the restriction that it be "absolutely inalienable". (Grant 385) A title for the land was issued from 882 under the WCS (North sland) Act of 880 and the WCSR Act of 88. (C/T 0/62). n 96 the Land Court made a freehold order under the WCSRA Act of 93 in favor of 22 people "as representatives of the Ngatituhekerangi Tribe" (Freehold order, 23/8/96, Block File 822) n 935 a committee of management of 7 people was appointed (Tar MB 46 P 333)~ This was wound up in 969 and in 983 the land was vested in trustees under section 438 of the Maori Affairs Act of 953 (Tar MB 78 pp 49-50) 3. 7 PAPAROA SECTON 5 o This was granted to Whakarongo by a Crown grant made in 882 (Grant 3807) with the restriction that it was "absolutely inalienable". r A title was issued under the WCS (North sland) Act of 880 and the WCSR Act of 88. (C/T 0/5). There have been no succession orders made to this person, no subsequent court orders and it has never been surveyed. (Tar Block File 946). t is still currently owned by Maori but it is not reserved (Tar Binder 96).

27 24 ) ] BLOCK V CAPE SURVEY DSTRCT 3.8 TURAHO SECTON This land was granted to Ruakere Moeahu and Whatarau by a Crown grant made in October of 882 with the restrictions that it was to be "absolutely inalienable". (Grant 386). A title was issued under the WCS (North sland) Act of 880 and the WCSR Act 88. (C/T 0/63) n 96 a partition order was made by udge ack naming 3 people as trustees - "as representing Ngatimoeahu Kaingahi, the tribe originally'owning the land". The reason given for doing this was that the court was satisfied that this area is hapu land and that the original grantees were in reality trustees for the hapu under section 4 of the WCSR Amendment Act of 95. (Freehold order, 9/6/96, Tar Block File 784) The land was set aside in 99 under section 439 of the 953 Maori Affairs Act as " a Maori reservation for the purpose of a fishing ground for the common use and benefit of the Ngatimoeahu tribe" (Taranaki Binder 55).

28 . ) ' BLOCK V CAPE SURVEY DSTRCT: 3.9 TARAKH SECTON A Crown grant was made for this land in favor of Ruakere Moeahu and Whatarau in October of 882 with the restriction that it was to be "absolutely inalienable". (Grant 388) A title was issued for the land under the WCS (North sland) Act of 880 and the WCSR Act of 88 (C/T 0/65) 25 ) ( r } ~ i,v., ~, This land includes part of the former Warea Kainga (referred to in previous evidence by the Taranaki iwi). The land that was granted in this reserve represents only a fraction of the land that used to be controlled by that Kainga and used by the people who lived there to survive. There were formerly large areas planted in wheat and also a flour mill was associated with this kainga. n including only 3 acres in the grant, the West Coast Commission effectively prevented the people from this Kainga from being able to use the land to support themselves. This signifies a failure to understand the importance of a paa as a center of economic significance as well as the spiritual significance. n 902 the Public Trustee made an application for the Land Court to determine the relative interests of the owners and they were declared to be equal. n 96 the Land Court issued a freehold order for the land in the name of two people, Rakairoa and Para Ruakere as representatives of the Ngatimoeahu Hapu. (Tar MB 25/297). n the evidence given to the Land Court at this time', the many resources surrounding this kainga. were describe'd. This included eel weirs and' a, kahawaf: fishing ground. There were also two urupa. The Land Court decided it was hapu land and asked the members of the hapu to name the trustees (Tar MB 25 pages 76 and 86). n 948 the Land Court made an order for the land under the Maori Purposes Act of 937 reserving it for - "the common use of the Ngatimoeahu sub tribe of the Taranaki tribe as a marae and meeting place, a burial ground and a place of historical interest." (NZG No 4 22/7/948) 3.20 WHANGANU SECTON A CroWn grant was made of this l'and to Ruakere Moeahu and Whatarau in October of 882 with the restriction that it was "absolutely inalienable" (Grant 387).

29 ' \ 0) ] ~ ','.', " :] ] ' : A title was issued for the land under thewcs (North sland) Act 880 and the WCSR Act 88. (C/T 0/64). This is a fishing reserve. n 96 a freehold order was made under section 4 of the WCSR Amendment Act of 93 and two people were named as "representing Ngatimoeahu,,the tribe already owning the land". (Tar MB 25 P 262) These names were supplied by Ririkore in evidence given at the Land Court (Tar MB 25 P 86). n 972 an application was made to reserve the land and it was set apart as - "a Maori reservation for the purpose of fishing grounds for the common use and benefit of the members of the Ngatimoeahu tribe". (NZG No 42 p 079, 8/5/972) 3.2 HUTANG SECTON 93 o 2 00 This land was originally granted to Tuteuroho by the Crown in October of 882 with the restriction that it would be, "absolutely inalienable". (Grant 382). A title was issued under the WCS (North sland) Act 880 and the WCSR Act of 88. (C/T 0/68) n 96 a Land Court order was made in the name of Tuteuruoho and Kawehitiki as "trustees representing the hapu Ngaruahine". According to evidence given at the Land Court these names had been arranged among the people of this hapu (Tar MB 23 P 86). The owners were decided to be the names listed in Grants 3946 and 4036 excluding the scripholders. (that is the people who are listed in the grants because of compensation court grants). n 990 trustees were appointed under section 439 of the Maori Affairs Act'of 953 (Aotea Minute Book 0 pages 7-30) OKAWA SECTON This land was granted to Whatarau Ariki by the Crown in October of 882 with the restrictions that it was to be "absolutely inalienable" (Grant 3822). 26 A title was issued under the WCS (North sland) Act of 880 and the WCSR Act of 88. (C/T 0/69) n 96 the Land Court made an order for this land in favor of two people.,the decision records that - "the Co~rt being satisfied that this area is hapu land under ~;T~f~ii~~!~i'!;:U:z'~:;",~fi',' se'ction4 of the WCSR Amendment Act of 95 orders that a title issued to Kawehitiki and Wi Tuteuruoho as

30 ) f ] representing Ngaruahine, the tribe originally owning the land". (Tar MB 25 P 6) According to evidence given at the Land Court (Tar MB 25 P 85) this had been arranged by the people of the hapu themselves, the owners were to be the people named in the grants for Te Upokomutu and Ngatirangitumamao excluding the scrip holders. n 990, trustees were appointed under section 438 of the Maori Affairs Act of 953 (Binder 24) 3.23 KAROA SECTON This land was granted by the Crown to Hone Mutu in October of 882 with the restriction that it be "absolutely inalienable". (Grant 3820). A title was issued for this land under WCS (North sland) Act 880 and the WCSR Act of 88. (C/T 0/67) n 96 following evidence from people that this was hapu land and they wished trustees to be appointed (Tar MB 25 p 85), the Court issued a freehold order under the WCSR Amendment Act of 93 (Tar MB 25 P 26). 'rhis order was' issued in the names of Tamakaha and Rongomaiira Wharehoka as "representing Ngaruahine, the hapu originally owning the land." 27 The land was later set aside as a "Maori reservation for the purpose of fishing grounds for the common use and benefit of the members of the Ngaruahine tribe" and in 975 ten trustees were appointed under section 439 of the 953 Maori Affairs Act. (Tar Binder 47) 3.24 TE PUTATUAPO Section This land was granted by the Crown to Wharehoka and Whatarau in 883 with the restrictions that it was "absolutely inalienable". (Grant 392). } ~~':, '{ " A title was issued under the WCS (North sland) Act of 880 and the WCSR Act of 88 (C/T 2/79, Special Register). n 902 the Public Trustee made an application to have the shares in the reserves determined and the Land Court decided that they would be equal. (Public Trustee Grant file, NA MA-MT Box 95). The land has never been surveyed and is a fishing area. ",." ".

31 28 t is still Maori land and trustees were appointed in 978 under section 439 of the Maori Affairs Act of 953. (Tar Binder 3),t" l ;]

32 30 :) BLOCK X CAPE SURVEY DSTRCT: 3.25 TE NGAUE SECTON This land was granted by the Crown to Wharehoka in 883 with the restriction that it was "absolutely inalienable". (Grant 3877) A title was issued under the WCS (North sland) Act 880 and the WCSR Act 88. (C/T 0/29). n 96 a freehold order was issued under the WCSR Act of 93 (Tar MB 23 P 287) in the name of the original grantee, the land was to be known as the Te Ngaue Block. ( ~~,:,,:,:,, " }, ) li~,iitt '~' ~:-.' +.,:... -'--- ".'..... n 97 there was a meeting of owners held under Part XX of the Maori Affairs Act of 953 to decide whether or not to sell the land for $ At this time there were 8 owners with a total number of shares of. 0 owners were present at the meeting with one proxy vote being held - the total shares represented being Five of the owners, holding shares, voted against the decision wtth the rest of the owners voting for the sale being made -(these owners"held shares). (Maori Land Court File, 3/7898, Maori Land Court Whanganui). The Maori Land Court confirmed the sale in December of 97 (Tar Aln 7 page 66). The transfer was completed in March of 972 with the Maori Trustee signing for the owners under section 9 of the Maori Trustee act of 953 (Transfer 933) SECTON This land was granted by the Crown to Te Pokaiheruiwi Ruaroa and Wharawharanui to be "without restrictions". (Grant 406) A title was issued under the WCS (North sland) Act of 880 and the WCSR Act of 88. (C/T 4/25). The original owners were succeeded to (Succession order, Block file 92) and in 96 a partition order was made under section 2 of the WCSR Amendment Act of 93 in the name of the two people, Ngarere Kahumataroa and Rongomaiira Wharehoka, who were the current owners. (Tar MB 23 P 240). The block was to be called the Waitaraiti block. n 920 the land was sold by the people who owned it for

33 3 050 pounds (Transfer 38045) SECTON This land was granted by the Crown to Wi Tako Ngatata and haka te Karu as the successors to Mohi Ngaponga in October According to the west Coast Commission report of 880 (AHR 880 G 2 pg XXXV) the land had been promised by the Crown to Mohi Ngaponga "because the court had said he had a better claim than the rest of the excluded absentees". The grant was made "without restrictions" and a title was issued under the WCS (North sland) Act 880 and the WCSR Act of 88 (C/T 0/76). The land was sold by the two people listed on the grant in November of 882 for 233 pounds to Charles " Brown and this transfer was approved by C E Rawson as the Trust Commissioner under the Native Lands Fraud Prevention Act of 88. (Transfer 233) 3.28 " sedtion This land was granted by the Crown to Wi Tako Ngatata in May of 882 and was to be "without restrictions" (Grant 3750) The reasons behind the grant are outlined in the second report by the West Coast Commission (AHR 880 G2 P 38). The award was supposed to have been made in approximately 867 for 00 acres for "recent services" but at the time of the West Coast Commission in 880 it still had not been granted. The amount was increased to 2 acres because of the long time that had elapsed since the promise had been made. (AHR 880, G5 Section 6) A title was issued for the land (C/T 8/34). in May of 882 under the West Coast (North sland) Act of 880 only and in November of 882 the owner sold it for 375 pounds to C Browne (Transfer 2332) 3.29 OTUAKAA SECTON A Crown grant was made for this land in the name of Miru in 882 with the restriction that it was to be "absolutely inalienable" (Grant 3808).

34 32 ). l.~,... ", '.', ~ A title was issued under the WCS (North sland) Act 880 and the WCSR Act of 88. (C/T 0/52). n 96 a freehold order was issued by the Land Court under the WCSR Amendment Act of 93 and Waru te Pu was appointed as trustee for the Waiotama hapu. (Tar MB 23 p 7 ) n evidence given at the court the terms of the freehold order had been requested by members of the Waiotama hapu and the reason given for this person being named as trustee was that - "he has been attentive in his care of the dead of the urupa and the improvement of the land". They also instructed that in the event of his death the land was not to go to his next of kin but the hapu were to have the right to nominate a trustee. (Tar MB '23 P 7) n 938 it was declared to be a set aside under the Native Purposes Act of 937 as a "native reservation for the common use of the Waiotama Tribe as a burial ground, plantation and meeting place". (NZG No 58 4/8/938). t is still Maori land and a committee of Management was appointed in 940.(Tar Binder 47)' 3.30 MATAURUKUHA SECTON This land was granted by the Crown to Wharehoka and Wharawharanui in October 882 with the restriction that it was "absolutely inalienable". (Grant 384) A title was issued for the land from 882 under the WCS (North sland) Act 880 and the WCSR Act 88. (C/T 0/6) n 902 the Public Trustee made an application to the Native Land Court to determine the interests of the owners and they were declared equal. (D Scannell, 9/9/902). n 96 following the Land Court hearings, a freehold order was made for the land which said; "the court being satisfied that this area is hapu land, under section 4 of the WCSR Amendment Act of 93 orders that a title be issued to Tamakaha and Rongomaiira Wharehoka as representing Ngaruahine, the hapu originally owning the land". (Freehold order, 9/6/96, Tar Block File 39) n the evidence given to the court it was asked to be protected as it contained a tauranga waka. (Tar MB 25 p 85) n 990 the area was reserved as a fishing ground under "":""