\ CaObbO

i .~, CLAIM Al

',j WAI ...... 7?:?...... 'WaJ'}b 1\1 1./ W' li 1 11 8:1 0 I OFfiCIAL I ~C\'f ~q~ ~ A~d

The Alienation History of the Kuhawaea No.1, No.2A, and No.2B blocks.

A block history report commissioned by the Waitangi Tribunal concerning Wai 726, Wai 212(g), Wai 36.

Nicola Bright November 1998 Preface My name is Nicola Bright and I completed a Master of Arts in History at Massey University in 1998. At the same time I completed a cadetship at the Waitangi Tribunal. I have previously been commissioned by the Tribunal to provide research assistance for the Urewera District Rangahaua Whanui project. I was also commissioned to compile a set of databases of primary and secondary sources that directly relate to Te Urewera. I am of Tuhoe, Ngati Awa, and Ngati Manawa descent.

1 List of Contents

1.1 Introduction 4 1.2 Kuhawaea: A Description 7 1.3 Hapu/Iwi Associated with Kuhawaea 8 1.4 Occupation Trends 13 1.5 Post Contact Period 23 1.6 Rangitaiki Boundary Conflicts 25 1.7 The Impact ofthe New Zealand Wars, Kereopa, and Te Kooti 27 1.8 Kuaha to Te Urewera 30 1.9 1870s Land Purchase Policies 33 1.10 Leasing and Purchasing in Kuhawaea 35 1.11 Surveys 41 1.12 Native Land Court Hearings 44 1.13 Sale of Kuhawaea No.1 block 52 1.14 Tarawera Eruption 1886 54 1.15 Te Urewera Boundaries 54 1.16 The Urewera Commissions 56 1.17 Sales of Kuhawaea No.2A and No.2B blocks 60 1.18 The Galatea Estate 66 1.19 The River Claims 68 1.20 Conclusion 70 Bibliography 73 Appendices

2 ------,-,-, - (-

List of Maps

Figure 1 Map of Kuhawaea

Figure 2 Sketch map of Kuhawaea, 1874.

Figure 3 Map of Kuhawaea No.1 and No.2 blocks

Figure 4 Map of Kuhawaea No.2A block

Figure 5 Map of Kuhawaea No.2B block

3 1.1 Introduction This report is a study of the alienation history of the Kuhawaea blocks from Maori ownership, and a survey of Crown actions with respect to this land. This report will begin by identifying the hapu and iwi associated with Kuhawaea, and the customary use and occupation of the land. An outline of the general political context, following the New Zealand Wars will be given to provide a backdrop for the dealings and activities concerning the block in the 1870s and 1880s. A large section will focus on the Crown and private leases of Kuhawaea in the period from about 1872 to 1884; the title investigation of Kuhawaea ofthe Native Land Court in 1882; subsequent requests for rehearing, and the partitioning of the block in 1882 and 1915. The circumstances surrounding the private purchase of the Kuhawaea No.1 block in 1884, and the purchases ofthe Kuhawaea No.2A and No.2B blocks in 1918 and 1923 are examined. The report will cover any Crown investigation of the matters raised in the 1897 petition of Wi Patene Tarahanga and others concerning the Kuhawaea blocks, as well the Urewera Commission's investigation of the petition in 1899. 1 This report is largely based on archival documents, the records of the Native Land Court, and secondary sources. It is intended therefore to provide a chronological account of the land sale history of Kuhawaea and to complement claimant evidence. This report is not intended as a definitive history ofKuhawaea.

Kuhawaea is situated in the Rangitaiki district, between the Rotorua and Te Urewera districts. Kuhawaea was much fought over by hapu in the past, and ';lfter the arrival of Pakeha, the land was coveted by hapu, private individuals, and the Crown; The 1870s and 1880s witnessed some competition between hapu of the Rangitaiki Valley to offer leases to settlers and to Crown land purchase agents. The political divide between Ngati Manawa and Tuhoe over the opening up of the land also played an important part in the history of this case. The land known as Kuhawaea was, along with other Rangitaiki lands, taken to the Native Land Court. A number of hapu disputed the Court's award of title, and the case was later considered by the Urewera Commission.

Direction Commissioning Research on the alienation history of Kuhawaea, Waitangi Tribunal, 1998. See appendix 1.

4 In the meantime, most of Kuhawaea was sold to private individuals, who later on sold the land to the Crown.

The regard in which the land is still held today is shown by the fact that several iwi and hapu have lodged claims with the Waitangi Tribunal in an attempt to reassert their rights in the area. Ngati Manawa have lodged a claim to the Kuhawaea No.1, No. 2A, and No.2B blocks under the umbrella of the Wai 212 claim of the Ikawhenua Runanganui. 2 Although the statement of claim for PatuheuheulNgati Haka, Wai 726, does not specifically identify Kuhawaea, the area does come within their sphere of interest and their claim. They have also claimed rights to the Rangitaiki and Whirinaki Rivers.3 Tuhoe have an interest in the outcome of an investigation into the alienation of Kuhawaea, and they have put forward a claim to parts of the Rangitaiki and Whirinaki Rivers. 4

There are a number of issues relevant to Kuhawaea that may be regarded as breaches of the Treaty of Waitangi by the Crown. Three of the major issues that will be examined in this report concern the effects of the New Zealand wars, the Government's methods of acquiring land, and the activities of the Native Land Court. The breaches of Treaty rights concerning the two major rivers bordering Kuhawaea, namely the Rangitaiki and Whirinaki rivers, have already been addressed by the Waitangi Tribunal.s

The Crown's military campaign III the 1860s caused upheaval and destruction throughout the Bay of Plenty and Te Urewera, including the Kuhawaea area, which was strategically important to both Maori and the government. The military campaigns disturbed economic development in the area and caused friction between resident hapu. The lack of economic development in combination with a series of natural disasters contributed to the state of poverty that many Rangitaiki hapu found themselves in by the turn of the century.

2 See Wai 212, l.1(g) for statement of claim. Personal communication with Robert Pouwhare, Wai 726 claimant, September, 1998. Personal communication with Tama Nikora, Wai 36 claimant, September, 1998. Te Ika Whenua Rivers Report, Waitangi Tribunal Report, 1998

5 In the 1870s, the Crown applied aggressive land purchase policies in its efforts to acquire lands in the Taupo and Bay of Plenty districts. In Kuhawaea, negotiations by Crown land purchase agents and private individuals resulted in friction between the Maori owners who were divided over surveying, leasing, or selling the land. This occurred particularly when agents attempted to negotiate with individuals without proper consultation or agreement with all parties concerned.

In the 1880s, the Native Land Court awarded the title of the Kuhawaea blocks to Ngati Manawa and Ngati Apa. However, not all interested groups were represented at the hearings to investigate ownership of the blocks, and the Court refused to rehear the case. One issue, then, is whether all the rightful claimants were awarded title to Kuhawaea. Another is the Court's refusal to revisit the case.

Specific claims have been made regarding the Whirinaki and Rangitaiki rivers. These waterways are important to a number of iwi/hapu for many reasons and also to public and electricity authorities who have, or wish to exploit the river resources. The ownership of the rivers has been hotly contested. The Waitangi Tribunal has recently released the Ikawhenua Rivers Report, 1998 which discusses the Tribunal's findings on the claims ofhapu to the rivers.

1.2 Kuhawaea: A Description This report will begin with a description of the Kuhawaea lands and resources in the nineteenth century and will show how this environment influenced the lifestyle of resident hapu. It will be followed by a brief description of the traditional history of each of the iwi/hapu that resided in Kuhawaea, or had a significant interest in the area. The identification of these key groups, and a study of the movements of hapu and iwi in this area prior to contact with Pakeha, is necessary to ascertain the patterns of occupation, and of traditional rights to the land and resources.

Kuhawaea or Mangamutu Kuhawaea, more commonly known now as Galatea, is situated in the Rangitaiki Valley, on the eastern side of the Rangitaiki river. In general

6 terms, Kuhawaea is situated south of Waiohau, and to the west of the ranges enclosing Te Urewera. The Whirinaki river marks the end ofthe south-west portion of the area. 6 One of the entrance ways into Te Urewera lies on the eastern side of Kuhawaea, and in the past this was an important route used by travelers from the Rotorua and Waikato districts to the East Coast, and vice versa.

The Kuhawaea plain is an area of gently sloping land that runs from the Rangitaiki river to the foot of Tawhiuau maunga and the hills bordering Te Urewera. The plain is crossed by waterways, the largest of which is the Horomanga River.? Within Kuhawaea, both the waterways and the plants provided important food and material resources for Maori communities. The creeks that criss-crossed Kuhawaea extended to large areas of flax and raupo which were used for such things as building huts, and weaving clothes. The rivers were a source of fresh water for drinking and washing, and were also of spiritual significance. The eels and certain species of fresh water fish living in the rivers provided one of the few reliable food sources for the hapu who resided nearby.8 The Rangitaiki river was used by Maori as a means of transport to and from the coast for trade purposes, and Best records that later, Tuhoe would use the river to transport waka that they had made to trade for European goods. 9

The climate of the Rangitaiki Valley influenced the settlement patterns of certain hapu in accordance with the seasons. For example, a hapu ofNgati Manawa often relocated from the hills down to the rivers during the hot season, presumably to make the heat more bearable. 10 Hapu also relocated when necessary to take advantage of seasonal hunting and gathering.11 Coates has noted that although there were strongly fortified pa on what is now known as the Galatea Plains, 'they were peopled mostly for the growing of food crops, and the gathering of flax. At times they were quite deserted,

See map of Kuhawaea No.1 and No.2 blocks by Mitchell and Clayton, (Document Bank, doc C43). The many creeks are fed by springs originating in Te Urewera. A.A. Coates, 'The Galatea Story', Whakatane and District Historical Review, 1980, p 3. Coates, pp 3, 8. 9 E. Best, Tuhae: Children a/the Mist, voU [1925]. Wellington, A.H. & A.W. Reed, 1973, pp 555-556. 10 qMS-0490, P 22. 11 Wynne Spring-Rice, The History and Archaeology of Fort Galatea, Bay of Plenty, New Zealand, 1869-1969, MA thesis in Anthropology, University of Auckland, 1983, p 40.

7 when the tribe was away at the coast fishing. Especially was this so when the Kahawai were to be caught in huge quantities.'12 At other times, the people would go into the Urewera bush for weeks at a time to hunt birds, and later pigs.13 Small temporary kainga, like that found at Karamuramu by Colonel Whitmore's advance force in 1869, were located where seasonal resources such as fern-root, quail, water-fowl, eels, and rats were exploited. When potatoes were introduced, crops would only grow in the bush where there was humus and shelter from frost and wind, and people still had to substitute their diet with seasonal food supplies. 14

Kuhawaea was significant to hapu not only for its valuable resources, and access route, but also because of the associations with prominent ancestors and events. The following section describes some of the early history of Kuhawaea, the resident hapU/iwi, and their movements.

1.3 Hapu/ Iwil Associated with Kuhawaea Te Marangaranga: Ngati Manawa

The Rangitaiki and Whirinaki valleys were originally occupied by Te Marangaranga. 15 These people were one of the earliest, if not the first, hapu to settle the area. According to the account given by Henry Bird, Tangiharuru of Tainui and Apahapaitaketake of Te Arawa later invaded these lands, displacing Te Marangaranga. Tangiharuru and his uncle Wharepakau (and others) had originally left the Waikato after a dispute and moved to Hauraki. Shortly afterwards they migrated to the Bay of Plenty where they conquered Te Marangaranga, and separated to form two distinct groups. The descendants of Tangiharuru settled in the Rangitaiki river valley and became known as Ngati Manawa. The name Ngati Manawa is derived from the ancestors Manawatu, Manawarere, Manawaoho, and Manawakotokoto. 16 The

12 Coates, p 7. 13 Coates, p 8. 14 Spring-Rice, p 40. 15 See H.T. Bird, Te Kuranui 0 Ngati Manawa, 1980, (Wai 212 record of documents, doc B4c3), unpublished, p 13. See also Best, pp 126-135. 16 See Bird, pp 12-13, and the account given by Rewi Rangiamio ofNgati Manawa to Best in 1895, see Best, pp 126-135, regarding the displacement ofTe Marangaranga by Tangiharuru and Wharepakau.

8 descendants of Wharepakau settled in the Te Whaiti district and became Ngati Whare. Best records that both Ngati Manawa and Ngati Whare informants stated that Te Marangaranga were either totally destroyed, or no survivors remained in the district. However, he thought it far more probable that Te Marangaranga were incorporated into the conquering groups through intermarriage and were therefore ancestors of the more modem iwi. I7 Tangiharuru was also a descendent of Toikairakau, from whom many of the Bay of Plenty and Urewera hapu trace descent. According to Best, it is from this connection that N gati Manawa derive their rights to lands at Whirinaki, Galatea, Heruiwi and other places. I8

Ngati Manawa occupied lands on the east and west sides of the Rangitaiki River, and over time established settlements at Heruiwi, Whirinaki, Kuhawaea, and Kaingaroa. Best has described Ngati Manawa as occupying an unenviable position where they were attacked by the larger iwi of Tuhoe, Te Arawa, Ngati Awa, Tuwharetoa, and Ngati KahungunU. I9 On some occasions Ngati Manawa were forced to leave the Rangitaiki valley for years at a time after being attacked by one or another of these groups. Tuhoe were amongst those who drove Ngati Manawa from the district in the early 1800s. Nevertheless, on at least three occasions, Tuhoe also defended Ngati Manawa against other invading hapu. 20 Despite a history of disturbed occupation, NgatiManawa always returned to the Rangitaiki valley and continued to exercise their rights to occupy the land and use its resources.

The hapu ofNgati Manawa listed in Tuhae: Children a/the Mist, are Ngati Hui, Ngati Hape, Ngati Kauae, Ngati Marakoko, Ngati Mahanga, Ngai Tawha, Ngai Te PutaJ.?-ga, Ngati Ngauru, Ngati Whakaari, (the descendants of Tahawai), Ngai Tokowaru, Ngati Apa, and Ngati Tamatea. 21 According to Henry Tawhai Bird who wrote Te Kuranui a Ngati Manawa, there were six hapu of Ngati Manawa: Ngati Hui, Ngati Kauae, Ngati Hape, Ngati Marakoko, Ngai Tawha and Ngati Mahanga. He asserts that some of

17 Best, p 132. 18 Tuhoe give a different version of the whakapapa given by Ngati Manawa concerning the origins of Ngati Manawa. See Best, p 121. 19 Best, p 135. 20 Best, p 135. 21 Best, p 125.

9 these hapu were absorbed by the others, and only three hapu survive to this day, namely Ngati Hui, Ngai Tokowaru, and Ngati Koro. 22 Bird does not include Ngati Apa in his list of N gati Manawa hapu although he does make the point that the two groups had very close links and became almost one. The hapu most relevant to this account are N gati Hape, N gati Mahanga, and N gati Apa.

NgatiHape N gati Hape are a hapu of N gati Manawa, and they trace their descent through the ancestors Tangiharuru and Hape, Hape being a descendent of Tangiharuru. In the late 1600s or early 1700s Hape and his people lived at Oputara between Tauaroa and the Whirinaki river, until Hape was killed during a battle with Tuhoe forces. During the initial Native Land Court hearings for Kuhawaea, Ngati RangitihilNgati Hape claimants attempted to claim rights to Kuhawaea as descendants of both Hape and Tangiharuru.23

N gati Mahanga N gati Mahanga were another hapu of N gati Manawa, named for Mahanga, the son of Tangiharuru. According to Bird, Ngati Mahanga occupied the land around Hinamoki and Minginui down to Te Whaiti. 24 Best asserts that Ngati Mahanga were of Ngati Manawa origin, but they practically became incorporated with Ngati Whare after Maro's raid which occurred sometime early in the 1800s.25 When Mehaka Tokopounamu gave evidence to the Urewera Commission in 1899 regarding the residences of hapu, he stated that N gati Mahanga were still residing at Galatea.26 N gati Mahanga must therefore have retained a separate identity to this time, despite their close relationship with Ngati Whare.

NgatiApa According to Henry Bird, Ngati Apa are named for the ancestor Apahapaitaketake of Te Arawa, and were originally from the Bay of Plenty. Initially, they settled at

22 Bird, pp 3, 10. 23 Whakatane Minute Book No.2, pp 17-18, (Document Bank, docs B25-B26). 24 Bird, P 10. 25 Best, pp 136,412.

10 Kawerau, and while they were there, Tangiharuru (from whom Ngati Manawa are descended) passed through the area on his way to the Rangitaiki district. After a falling out with Ngati Awa, a section ofNgati Apa moved south to the Kaingaroa and Rangitaiki districts where they assisted Ngati Manawa in their battles against Te Marangaranga. Some of Ngati Apa carried on to settle at Tarawera, while those that stayed in the Rangitaiki area formed close relationships with Ngati Manawa.27

The hapu of Ngati Apa that Best lists are Ngai Tokowaru, Ngai Tureia, Ngai Takapumanuka, and Ngati Hineuru of the Tarawera district. Best admits that Ngati Apa share a common ancestry with Ngati Manawa, and that Ngati Apa occupied the valley of the Mangawhiri creek, a small tributary of the Whirinaki River, and lands further west at Matangiahewa. He disagrees, however, with the Ngati Apa interpretation of their migration to the Rangitaiki district. Instead, he believes that Ngati Apa arrived there as refugees from Taupo to seek refuge among Ngati Manawa, and that the conquest of Te Marangaranga by Ngati Apa was a fabrication invented for the benefit of the Native Land Court in order to strengthen their claim?8 Despite the different accounts of the history ofNgati Apa, Ngati Manawa acknowledge Apa as one of their principal ancestors.

N gati Rangitihi The Ngati Rangitihi people are a hapu of Te Arawa who settled at Tarawera.29 In the 1700s and early 1800s, they had many battles both with Tuhoe and N gati Manawa, however no records have been located that suggest any conquest by Ngati Rangitihi within the Kuhawaea area. Records show that from the 1850s they maintained a close relationship with their neighbours Ngati Manawa, and in the 1860s, Ngati Rangitihi assisted Ngati Manawa in their battles against Tuhoe and Patuheuheu. It is likely that

26 Urewera Minute Book No.1, pp 4-7. 27 Bird, p 14. 28 Best, pp 153, 156. Best has constructed a number of accounts of the origins ofNgati Apa, most of which he has dismissed as false. Best, pp 151-159. 29 J. Cowan, The New Zealand Wars: A History of the Maori Campaigns and the Pioneering Period, Volume II: The Hauhau Wars, 1864-72, [1922] Wellington, P.D. Hasselberg, Gov. Printer, 1983, pp 505, 84. See also D.M. Stafford, Te Arawa: A History ofthe Arawa People [1967], Auckland, Reed Books, 1991.

11 Ngati Manawa also lived with Ngati Rangitihi at Tapahoro at the eastern end of Lake

Tarawera in the mid-sixties before moving to Te Awa 0 te Atua at Matata.3o

Tuhoe The majority of Tuhoe hapu were based within Te Urewera, but because their lands lay close to those of N gati Manawa, and other Rangitaiki based hapu, they formed relationships with these other groups. Tuhoe hapu engaged in feuds with many of their neighbours, and the battles between them took place within Te Urewera, out on the Rangitaiki plains, and in other out lying districts. They also forged alliances which were often cemented by marriages between the members of. different hapu. In this way, members of Tuhoe married into Ngati Manawa and other hapu~ and visa versa. Some Tuhoe hapu, such as Patuheuheu and Ngati Haka, lived in the areas bordering Te Urewera. Patuheuheu occupied the area near the entrance to Te Urewera on the eastern side of Kuhawaea. Members of Tuhoe often used this route to travel to other districts, or to the rivers, whether it be for war or trade purposes. Invading groups also traveled along this route to attack Tuhoe within Te Urewera.

Patuheuheul Ngati Haka According to Best, the Patuheuheu hapu of Tuhoe was originally called Ngati Rakei of Nga Potiki, and they resided at Ohaua i te rangi and at Te Waiiti within Te Urewera. The hapu later became known as Ngati Haka as a result of an encounter between Pukeko ofNgati Rakei, and Karia and Te Onewatahi ofNgati Whare. 31 There was much intermarriage between Ngati Haka and the Ngati Rongohapu of Tuhoe. At some time in the early 1800s, some members of Ngati Haka were slain by Ngati Awa in an urn heuheu or thicket, hence they became known as 'Patuheuheu' (thicket slaying).32 Ballara writes that Patuheuheu were one of the larger, more important Tuhoe hapu.33 According to evidence in the Opotiki Minute Book No.1, the people of Patuheuheu and Ngati Haka are descended from Te Hina, a descendant of Toi, who

30 The government later granted Ngati Rangitihi land at Matata for their services at Te Tapiri and at Te Teko. 31 Best, pp 28-29. 32 Best, p 22l. 33 A. Ballara, 1wi: The Dynamics o/Maori Tribal Organisation from c. I 769-c. 1945, Wellington, Victoria University Press, 1998, p 292.

12 came from Whakatane.34 In many of the records used in this report, people have referred to the same group of people as either Ngati Haka or Patuheuheu, and in this context it is assumed that the descendants of both hapu lived together.

Patuheuheu and Ngati Haka settled in the area overlapping the Urewera and Rangitaiki districts. Their location meant that they had close contact with Tuhoe, and with Ngati Manawa. Patuheuheu had a number of pa within Kuhawaea and their settlements were mainly located at sites along the Horomanga River where they had access to the river resources such as eels, and of course, fresh water. It is not clear at what time the hapu moved into and began occupying part of Kuhawaea. -

1.4 Occupation Trends The conflicts and alliances between iwi/hapu resulted in a shifting pattern of occupation not only in Kuhawaea, but also in the surrounding districts. It is therefore necessary to discuss the neighbouring lands such as Whirinaki, Te Whaiti, Te Houhi, and Kaingaroa. Hapu often had several settlements, and overlapping rights in various areas, so Kuhawaea must be viewed in context with the surrounding lands. Hapu occupied many temporary kainga throughout the district, but the more or less permanent settlements associated with specific hapu were consistently reoccupied. The following is a general outline of the movements of the different hapu and iwi across the Rangitaiki-Whirinaki-Te Whaiti districts. Most of the information is taken from Best's Tuhoe: Children of the Mist, which is largely based on information given at Native Land Court hearings. The intention therefore, is to provide only a basic outline ofthese events. The dates given for the different battles are approximations.

Te Marangaranga occupied Kuhawaea until Ngati Manawa took over the area by conquest. The series of battles that took place between Ngati Manawa and rival hapu between 1670 and 1854 illustrate the relationships, and the residences of the hapu that lived in Kuhawaea and the surrounding areas prior to extensive contact with Pakeha.

34 See evidence regarding to Te Hina given in the Waiohau investigation in Opotiki Minute Book No.1, Folios 22-26, 11.6.1878 to 20.6.1878, pp 96-111, in Martin, H., 'Harris Martin Report', (Wai 46 record of documents, doc 12d).

13 An account of one of the early battles was relayed to Best by Tutakangahau of Tuhoe.35 At some time in the past, Rape and a party ofNgati Manawa went from their kainga on the lower Whirinaki to Ruatahuna for a visit. On their return, they stopped on the Tahuaroa range, where Rape sent some of his people home. Rape, accompanied by his fighting men, then turned back to attack those at Ruatahuna where they slew Tahakianina and others. The reason for this attack seems to be unknown. Rape and his men then returned to the Oputara pa, situated on a hill between the Whirinaki river and Tauaroa at Kuhawaea. 36 Meanwhile, the widow of Tahakianina, Whakarotu, demanded that her kinsmen at Ruatahuna avenge her husband's death. At this time, Ngati Manawa and Ngati Apa were looked on almost as one and the same tribe, and those hapu at Ruatahuna seem to have been reluctant to take them on in battle. Whakarotu therefore requested help from Te Arohanga and Tutonga who came from the lower part of the Whakatane River in Te Urewera. A force then set out from Nga Mahanga to avenge Tahakianina. The forces they led, including some from Ruatahuna, attacked the Oputara pa where N gati Manawa were living alongside N gati Apa. After laying siege to the pa for three days with no success, the attackers decided to distract the attention of the inhabitants by performing a haka on the Kuhawaea Plain below Oputara pa. Rape and his men left the pa to get a better view of the haka, whereupon the Tuhoe warriors ceased their haka, cut Rape and his men off from the pa, and killed them. They then took control of the pa itself, although many of the inhabitants were able to escape. One of the Ngati Manawa chiefs, Te Aroaakapa. was able to make it as far as the Whirinaki river, where he was slain. The land descends sharply to the river flat at this spot and he apparently fell

37 down the bank hence the place was named, Te Takatakanga 0 Te Aroaakapa. When Kuhawaea was later taken to the Native Land Court, Ngati Rangitihi and Ngati Rape based their claims to Kuhawaea on descent through Rape.

35 Tutakangahau was later one of the Urewera Commissioners who heard the Patuheuheu petition regarding Kuhawaea. 36 Best, p 406. 37 Best, pp 407-408. Best notes that Harehare of Ngati Manawa stated in the Native Land Court that Te Aroaakapa had been killed by Ngati Kahungunu, but that many other Ngati Manawa had agreed with the above version.

14 After the fall of Oputara, the attacking force returned to Hangamahihi below Ohaua i te Rangi. 38 N gati Manawa and N gati Apa desired vengeance for the deaths of Hape and Aroaakapa, so possibly joined by Ngati Hineuru and Ngati Rakei, they marched to Hangamahihi. They defeated Tuhoe in the ensuing battle, killing Tamakere and Tutonga, then made their way down the Whakatane River. The survivors of the battle had fled before them to Karioi pa which was occupied by the Hokowhitupakiraoromairira of Nga Potiki. These men in tum raised a force and attacked the invaders at Marumaru, engaging them in a running fight which ended when Ngati Manawa and Ngati Apa were cornered at the Mangaotane creek. There they suffered great losses.39

The NgatiMahanga hapu of Ngati Manawa were living at Te Whaiti, and decided to attack the small kainga occupied by Tuhoe in the Waiau valley. This attack was likely motivated by a desire to avenge the deaths of their relatives at Mangaotane and at previous battles. The chief Te Rangaiawhitia led Ngati Mahanga, and upon finding Parahaki, a chief ofNga Potiki, killed him. His wife, Mihi-ki-te-kapua was spared on account of her relationship to Ngati Mahanga, but she was taken as a captive as were two of her sons. They all eventually gained their freedom. Subsequently, Mihi-ki-te­ kapua's son, Whitiaua, returned from Ruatahuna to visit his parents. Upon hearing what had happened to his father, he gathered up a force from various hapu to avenge his father's death.40 The resulting force marched to Hukitawa where they found and attacked Ngati Mahangain the nearby forest. Te Rangaiawhitia had fled, so Whitiaua pursued him in a long chase that ended at Paripahekeheke where Te Rangaiawhitia was killed. According to Best this account was given by Te Whatanui ofNgati Whare and agrees exactly with the Tuhoe account.41

Following these events, Pareuia of Ngati Apa was slain by Ngati Mahanga. Her death was one of the factors that resulted in a feud between Ngati Apa and Ngati Manawa. Pareuia had married Maro of Tuhoe, and the two lived at Ruatahuna where they had a

38 In another incident, Ngati Manawa seriously insulted Tuhoe, who then attacked and killed many of the people living at Oturoto. See Best, p 409. 39 Best, pp 411-412. 40 Best, p 414.

15 son called Te Puru. It had been arranged that Pareuia and her son would return to live with their Ngati Apa relatives for a time, so they began a journey to Matangiahewa. As they were about to leave the valley of the Whirinaki river, Ngati Mahanga attacked and killed the two travelers. When Maro went to visit his wife, he found that she had gone missing, and the garments that Pareuia and her son had been wearing were found in the possession of Ngai Tawha of Ngati Manawa at Oputara. Assuming that they had perished, Maro returned to Ruatahuna to raise a force to avenge his family. Meanwhile, Ngati Mahanga had also attacked and slain Tapoa of Ngati Apa, so Ngati Apa asked Tuhoe for their assistance to avenge the deaths. In retaliation then for both of these incidents, Tuhoe and Ngati Apa forces attacked Ngai Tawha at Oputara. Oputara pa then fell for the second time. Of the survivors, some were taken by Tuhoe to Ruatahuna while some escaped to the forest. Tuhoe then found out that N gati Mahanga had given Parehuia's clothing to Ngai Tawha, and so they decided to take revenge on Ngati Mahanga. Ngati Mahanga and Ngati Whare of Te Whaiti were so closely interrelated by now, that by going to war against one group, Tuhoe would have effectively been fighting both.42

The Tuhoe party marched to Te Whaiti via the old trail from Kuhawaea. Within Te Whaiti, Ngati Mahanga had settlements at Te Haumingi, Matuatahi and Ngatahuna. The Ngati Kauwae and Ngati Tamatea hapu of Ngati Manawa also resided at Te Haumingi. Matuatahi was on the opposite side of the valley to Te Haumingi, and N gatahuna was on the low ground below Matuatahi and above the Ruahine stream. The Tuhoe forces attacked and took the forts atTe Haumingi, and the Ngati Mahanga people who escaped the onslaught fled to Matuatahi. Tuhoe then attacked the Matuatahi and Mahungakuri villages, and N gatahuna where the inhabitants suffered many losses.43

According to the account given by Te Marunui ofNgati Apa, those ofNgati Manawa and Ngati Whare who escaped fled to Whareoneone and Tarawera where they were sheltered by Ngati Hineuru, a hapu ofNgati Apa. Best adds that many of the refugees

41 Best, p 415. 42 Best, pp 421-422. 43 Best, pp 422-423.

16 ------~ -:: =-=-=--:: - ~ J

wandered about the forest country at the head of the Whirinaki River continuously moving for fear of being discovered and attacked. Most of those who had been captured by Tuhoe were actually relations of theirs and were eventually allowed to return home to Te Whaiti. Best notes that 'The hapu name of Ngati-Mahanga was practically abandoned, and the survivors of the people were henceforward known as Ngati-Whare.'44 They were later joined by those who had fled to Whareoneone and Tarawera. After the battle, Tuhoe divided the Te Whaiti lands between the clans that had fought with them, although they did not permanently settle on the land because they were busy elsewhere. Ngati Manawa were living on the lands that later composed the Whirinaki and Kuhawaea blocks, and some of Ngati Whare remained at Te Whaiti. 45

Some time later, two Tuhoe women, Whakia and Te Korua were slain by Ngati HakaiPatuheuheu. A taua toto formed of Tuhoe warriors from Ruatahuna marched to Kuhawaea to avenge these deaths. One of the customs often followed by a taua toto was that the first person met on the war trail would be killed. When the taua reached the valley of Te Horomanga stream, they met and killed a man called Tamahi. Members of Ngati Manawa found the body, and desecrated it. Tamahi turned out to be either Ngati Pukeko or a close relation of theirs, so when Ngati Pukeko heard of this insult they attacked Ngati Manawa at Te Rautawhiri. 46 Ngati Manawa were defeated and fled to Parakakariki pa. N gati Pukeko attacked again and took the pa, after which Ngati Manawa fled to Te Whaiti.

Apparently Ngati Pukeko later decided to send a party of men to slay Tarewaarua, a rangatira of Ngati Manawa, to use as a sacrifice for a certain ceremony. They were unsuccessful and the leaders of the party, Matua and Taimimiti, were killed by Ngati Tamatea (Ngati Manawa at Horomanga) and those ofNgati Manawa who were living at Te Putakotare. To avenge the deaths of these chiefs, Ngati Pukeko moved inland in large numbers and attacked Ngati Manawa, then moved on to Te Whaiti. It seems that Ngati Pukeko had decided to take the whole of the Te Whaiti district, and gradually

44 Best, p 424. 45 Best, p 424.

17 moved inland from Whakatane until the majority of the hapu were living at Te Whaiti, possibly around 1812 or thereabouts.47 Many of Ngati Pukeko settled near Te Harema pa, half a mile south of the Whirinaki River. While living at Te Whaiti, a rangatira of Ngati Pukeko named Kihi, led a large force ofNgati Pukeko men to Waikato to assist Hapekituarangi of Ngati Raukawa in fighting the Waikato tribes. Meanwhile, Ngati Manawa and Ngati Whare attacked those Ngati Pukeko living at Nihowhati and Upokokuri at Te Whaiti. 48 Kihi and his men returned, and upon finding a party of Ngati Manawa (including Tarewaarua) and Ngati Whare who were possibly on their way to attack Ngati Pukeko at Oromaitake, overtook the party, and killed them.

Ngati Pukeko had sworn a blood feud with Ngati Manawa and Ngati Whare and were determined to drive all of those people from the district. One of those slain at Nihowhati named Tuarawhati, was of Tuhoe descent as well as Ngati Pukeko, and Tuhoe decided to help Ngati Pukeko in their efforts to drive Ngati Manawa away. Ngati Manawa and the remnant of Ngati Whare had settled at Okarea pa at Heruiwi.

Tuhoeand Ngati Pukeko forces attacked them at Okarea, possibly in 1818. Te Hiko 0 te Rangi of Tamakaimoana was the principal rangatira of the Tuhoe party, and Ngati

Pukeko were led by Mokai. During the battle, Te Hiko 0 te rangi was insulted by one of the N gati Manawa warriors, hence when Tuhoe later took some of N gati Manawa to Te Hue, they were forced to live in potato pits to avenge that insult. Okarea was not taken on the first day, and when the attackers returned on the second day, they found the pa had been emptied during the night. Ngati Manawa had fled to·Tarawera where they stayed with Ngati Hineuru of Ngati Apa. Best states that all ofNgati Manawa and Ngati Whare had now been driven from Te Whaiti and Whirinaki and Ngati Pukeko lived at Te Whaiti alone for a time while Tuhoe returned home.49

Some Ngati Manawa remained at Tarawera, but a group moved to the valley of the Petane river to live at Te Waiwai pa. At some time in 1823 or 1824, those at Te Waiwai went to Maungaharuru to snare birds, but as they did not have permission

46 About one mile below the bridge at Murupara. 47 Best, pp 426-427. 48 Best, p 428. 49 Best, p 430.

18 --- __ .::..::....::.::.::....::.::.::.=-=-=.::=--_.::...::_.:: .::.::.::.:::_.:::::_- ~_ -_I

from the owners of the area, N gati Kurumokihi of N gati Kahungunu, they were attacked and defeated. Ngati Manawa then moved to Te Putere when they lived with Ngai Taraparoa and Ngati Pare ofNgati Kahungunu. 5o

Ngati Pukeko were living at Te Whaiti when in about 1820, Kihi decided to attack Te Hika pa which belonged to Ngati Tawhaki of Tuhoe. Ngati Tawhaki were warned of Kihi's approach and managed to defeat Ngati Pukeko who then fled to Oromaitake pa at Ngaputahi. Kihi had been the instigator of the attack against Tuhoe but was himself at Whakatane. Kihi returned and raised a taua toto, then marched to Te Hika. The defenders were armed and ready, however, so the NgatiPukeko taua returned to Umurakau at Te Whaiti. Tuhoe gathered up their fighting men and attacked Ngati Pukeko at Umurakau pa and drove them away. Ngati Pukeko settled at Rotoehu and Rotoiti, and Tuhoe now occupied Te Whaiti. A short time later, the majority of Tuhoe went east to fight Ngati Kahungunu but left some people at Te Whaiti to hold the land. While Ngati Tawhaki were living at Ngatahuna, Ngati Tuwharetoa from Taupo attacked and defeated them. This was one of the incidents that led to the battle at Orona. 51

Ngati Pukeko had by now convinced Tuhourangi and Ngati Rangitihi ofTe Arawa to attack Tuhoe. Te Arawa had already been involved in a series of skirmishes with Tuhoe in which they had been defeated, so they had a grudge to settle. Ngati Pukeko moved on to the east coast at this point and ended their involvement with this affair. 52 Te Arawa along with assistance from Ngati Tahu of Waiotapu,attacked Tuhoe at the

Taumata 0 Te Riu pa at Te Tahora at Ruatahuna. It is not certain whether the pa was taken, but Tuhoe later decided to raise a force to attack Te Arawa in their own country, perhaps in 1821 or 1822. The main battle was fought at Pukekaikahu where a number of Arawa chiefs were slain. Peace between Tuhoe and Te Arawa was not secured until many years later.53

50 Best, pp 431, 533-534. The fate of the Ngati Manawa who stayed at Tarawera will be addressed later in this report. 51 Best, pp 434-436. 52 Best, pp 436-437.

19 The next incident occurred after some of Ngati Whare returned from Tarawera to Te Whaiti. Due to a misunderstanding, Tuhoe believed that one of their number had been slain by Ngati Whare, and in return they killed a Ngati Whare woman. Ngati Whare, with the assistance of Ngati Tuwharetoa of Taupo, some Te Arawa, and a few Ngati Manawa, marched to Ruatahuna to avenge the woman's death. Ngai te Riu of Tuhoe were living at the Raumarama and Raehore villages at Manawaru, and the invaders attacked these people, and those at Te Kauae. The invaders took their captives with them to Heipipi. Ngati Tawhaki at Te Tahora came to assist Ngai te Riu and they caught up with Ngati Whare at Ahikereru, where they killed many of them in battle. 54 Tuhoe next engaged in a battle at Orona against the Taupo people after which Te Heuheu of Taupo and Te Umuariki and Koroki of Tuhoe set up a tatau pounamu at Opepe, thereby signaling an end to hostilities.

After the Orona fight, some of Ngati Whare returned to Te Whaiti and settled at Oheke. Once Tuhoe realised that Ngati Whare had returned, they attacked the Oheke village, killing most of its inhabitants. Of the survivors, those related to Tuhoe were spared. Those of Ngati Whare who now remained at Te Whaiti were becoming so mixed with Tuhoe by intermarriage that for the most part, Tuhoe were reluctant to attack them. After the Oheke fight some of Tuhoe moved out from Ruatahuna and settled in Te Whaiti at Otohi, Taumanuka, Te Matiti and Ahikereru. After Otohi and other hill settlements were abandoned, these people and N gati Whare lived at the Ahikereru pa. 55

In early 1823, those Ngati Manawa who had stayed at Tarawera moved back to settle at Heruiwi and rebuilt Okarea pa. 56 They were not to live peacefully however, because near the end of 1823, Pomare and his Nga Puhi forces decided to attack Tuhoe, and N gati Manawa were in their path. One of the four N ga Puhi expeditions advanced through the Rangitaiki valley to the Galatea district, up the Horomanga stream and into Te Urewera. Ngati Manawa gathered at Okarea to defend themselves, and

S3 Best, pp 440,444-447. S4 Best, pp 449-451. SS Best, pp 458,460, 464. S6 Best, p 431.

20 returned to their settlement at Tututarata once Nga Puhi had left the district. When the Nga Puhi force marched up the Horomanga stream, Te Patuheuheu and Ngati Haka retired to Weraroa, Takere hurihia pa and other places in the ranges to escape the invaders. 57

The Ngati Manawa who had remained at Te Putere were living in an uncomfortable position among Ngati Kahungunu. A rangatira of Tuhoe named Pouri took pity on Ngati Manawa and took them to Maungapohatu. Unfortunately many of Tuhoe were still very bitter about the insults suffered at Okarea, and so Ngati Manawa were removed to Te Hue at Ohaua i te Rangi where they lived for a time. It was here at Te Hue that Manawa were put to live in the potato pits: Again a rangatira of Tuhoe removed Ngati Manawa their unhappy situation, and settled them at Manawaru range at Ruatahuna~ Ngati Manawa were still under threat, however, from some members of Tuhoe, so to ensure their future safety, Tuhoe wives were given to some of the Ngati Manawa. At some time between 1826 and 1829, Tuhoe took Ngati Manawa back to Tututarata on the range between the Rangitaiki River and the Mangawhiri stream. After they had been living at Tututarata for a while, Ngati Manawa took a tributary offering of preserved birds to Tuhoe rangatira at Ruatahuna. One rangatira was passed over and he wanted to attack Ngati Manawa for the insult, but Te Purewa and others refused, saying, 'we have obtained the land, let the survivors of the people live. ,58 This is an interesting statement compared to the evidence given during the Whirinaki hearings in 1890, when Tuhoe based part of their claim to that block on their conquest over Ngati Manawa and the land. Ngati Apa testified and admitted that the men of N gati Manawa were conquered, but denied that the land was ever conquered, a position which was upheld by the Court. 59

Ngati Manawa settled again at Okarea, and it was there that they killed a visiting member of Ngati Awa by the name of Tamatuha, in about 1825. In retaliation Ngati Awa attacked Ngati Manawa at the pa, and killed many of the Ngati Manawa

57 Best, pp 431, 530.

58 Best, pp 459-461.

21 inhabitants, including some of Ngati Whare. Some of the survivors went to live at Paraparaumu at Otairi, and some ofNgati Whare and Ngati Haka settled at Otaiharuru on the Mangakino stream, near Te Onepu. While at Paraparaumu, Ngati Manawa suffered another attack from Te Arawa and some Tuhoe. No one was living at Te Whaiti at that time so the attackers carried on to Otaiharuru and attacked the small settlement there, and took the captives back to Rotorua where they were kept by Te Arawa until Christianity was introduced, probably in the late 1830s.60

In 1833, Ngati Awa and Ngati Pukeko attacked Ngati Manawa who were then living at N ga Huinga, at the junction of the Rangitaiki river and the Wheao stream. Most of Ngati Manawa escaped although several women were captured and taken to Te Teko.61

SUMMARY

As these encounters have shown, the battles between N gati Manawa, Tuhoe, N gati Whare, Te Arawa, and other iwi took place over a large geographical area. Only a few of the many incidents that occurred have been recounted here, but they show how some of the relationships between hapu were formed. It should also be borne in mind that these hapu were not constantly at war, and during the peaceful times they would have engaged in trade, and visited each other for reasons other than battle.

N gati Manawa occupied Kuhawaea and the surrounding areas from the time that Te Marangaranga were conquered, and they exercised their rights to use the resources of the land and rivers. Ngati Manawa were often attacked by their neighbours, and at times, were forced from the Rangitaiki valley. However, in all instances they returned to occupy the land. Invading groups intermarried with Ngati Manawa but the iwi itself was not subsumed by them, which is clear from the fact that N gati Manawa exist to this day. Ngati Apa seem to have become closely related to Ngati Manawa early on, a

59 Whakatane Minute Book 3, Whirinaki hearing, 1890, p 102, in (Wai 212 record of documents, doc B4e, pp 51-52. 60 Best, pp 464-465. 61 Best, pp 381-382.

22 fact which was reiterated in the Native Land Court hearings for Kuhawaea, when both groups acknowledged the others' rights to the land. PatuheuheulNgati Haka occupied the northern part of Kuhawaea but are likely to have moved out to the Horomanga­ Kuhawaea area at a later time than N gati Manawa since there is no mention of their presence in the accounts of the earliest occupations. Tuhoe hapu within Te Urewera used Kuhawaea as an access way to and from their rohe and are likely to have exercised some rights to use the resources of the blocks since they had acted as protector to N gati Manawa, had returned them to their land, and had close connections to N gati Manawa through intermarriage. The Tuhoe perception of their relationship with Ngati Manawa has been described by Best, as that of overlords, and this attitude may have influenced the later actions of Tuhoe regarding the Kuhawaea blocks. The Ngati Awa groups who invaded the area do not seem to have occupied Kuhawaea, and they did not take part in the contest of ownership for the land that later took place within the Native Land Court system.

1.5 Post Contact Period 1.6 In 1840, representatives of Maori and the Crown signed the Treaty of Waitangi, and from then on Pakeha began to move into the more remote areas of the central North Island. Missionaries and traders moved into places such as Karamuramu and Kuhawaea, and they were probably the first white men that Ngati Manawa and other hapu encountered. Rev. Colenso first visited the Rangitaiki and Te Whaiti areas in January 1842, and Ngati Whare were then living at Ahikereru pa. 62 In 1844 Colenso returned, and visited the Tututarata settlement which was probably occupied by Ngati Manawa. Tututarata was situated on the apex of a high mountain range, and Colenso observed that 'beneath, in the wide and sterile plains, the Rivers Whirinaki and Rangitaiki mingled their waters in one channel, and meandering far away, were finally lost sight of in the distance. ,63 Colenso was probably referring to the Kaingaroa plains that lay on the west side of the Rangitaiki river. Interestingly, Colenso also found that the majority of the Tututarata inhabitants were at that time residing on the banks of

62 Best, p 150. 63 Entry dated 1 January 1844, W. Colenso, 'Journeys', 1843-46, qMS-0490, P 21.

23 ------

------~--.---

the river in the plain below, 'according to their custom during the hot season.'64 Colenso also visited an encampment at the junction of the Rangitaiki and Whirinaki Rivers where he was welcomed by rangatira of Ngati Manawa, Rarehare and Tuhoto (Tupoto?) and about 40 others.65

In 1847, the Rev. G.E. Preece established a mission at Te Whaiti. The Ahikereru pa was deserted, and Ngati Whare were forming a new settlement called Te Pahou on the opposite bank of the Whirinaki River, just west of the mission house.66 The majority ofNgati Manawa were living at Tututarata.67 Apart from the missionaries, the hapu of the Rangitaiki valley had little contact with Pakeha, and continued in their patterns of alliances and feuds with their neighbours and relatives. Tuhoe and Ngati Manawa had by now formed an alliance whereby Tuhoe supported the latter in times of war. Best asserts that Ngati Manawa lived in the Rangitaiki-Whirinaki area 'under the mana of Tuhoe', therefore an attack against Ngati Manawa was an insult to Tuhoe.68 The many marriages between Tuhoe and Ngati Manawa had also strengthened the relationship between the two iwi. At some time between 1850 and 1852, Taraia led a force of Ngati Maru to attack Ngati Manawa in order to avenge a serious insult. They advanced to Te Takatakanga where Ngati Manawa had built a small pa on the right bank of the Whirinaki River. Tuhoe warriors, and possibly members of Ngati Rape and Ngati Rangitihi, gathered at Te Takatakanga to assist Ngati Manawa against Ngati Maru.69 Best asserts that Tuhoe chose to assist Ngati Manawa here because they resented 'this interference with their authority' . Fortunately the encounter between Ngati Maru, Tuhoe and Ngati Manawa ended peacefully at Ohikamarokura pa. 70 A few years later in 1854, Tuhoe also sent 200 men to assist Ngati Manawa in the battle at Te Ariki near Tarawera.71

64 qMS-0490, P 22. 6S qMS-0490, P 23. 66 Best, p 458. 67 Best, p 150.

68 Best, p 475. 69 Whakatane Minute Book No.2, p 18. 70 Best, pp 474-475. This pa belonged to Patuheuheu, and was situated near the Horomanga stream close to the mouth of the gorge. See also MS-Copy-Micro-495. 71 Best, pp 456-457.

24 1.7 Rangitaiki Boundary Conflicts

Kuhawaea was situated in the Rangitaiki Valley which was an area where a number of hapu held overlapping rights to either occupy or exploit the land and its resources. In the early 1860s, a Government official named C. Hunter Brown visited the hapu of the Rangitaiki and Te Urewera districts, and recorded his interpretations of how the land was divided up between hapu. Brown described Kaingaroa as being claimed by 'the Taupo Natives, and partly by the Urewera ... the Urewera claim the Upper Rangitaiki valley, nearly the whole of the Whakatane valley, the Waikaremoana basin, and part of Kaingaroa ... and joins the boundary ofthe Taupo Natives on the Kaingaroa plain'. On the Rangitaiki side, Brown said, 'Mokonui-a-rangi of Tapahoro, Tarawera Lake, Chief of the Ngatirangitihi, observed that there would be some difficulty in fixing the boundary between Ngatirangitihi and the Ngatimanawa hapu of the Urewera, because the two tribes were so closely related.,72 At the same time Brown admitted that this was only a general description of the boundaries, and that it was not yet possible to gain a more accurate picture.

Te Arawa, Ngati Manawa, and Tuhoe themselves seem to have each had different opinions regarding the ownership of the areas where their lands overlapped. Conflict over these areas continued into the next century, even after the Crown had acquired most of the land. According to Bird, the dispute between Ngati Manawa and Te Arawa over boundaries, began during the reign of Harehare Aterea who became leader of Ngati Manawa after the death ofPeraniko. As late as 1931, the division was highlighted by an argument at a powhiri over the appropriate kawa for a wharerunanga built to commemorate the Ngati Manawa ancestor, Apahapaitaketake. The host speakers, who assumed the proceedings would be conducted according to Mataatua kawa, were Hare Rakuraku of Patuheuheu, Kehua of N gati Ruapani ki Waikaremoana, Turanga Mauparaoa, Toetoe Paraakiri of Ngati Manawa, and Te Whatanui of Ngati Whare. Mita Taupopoki, the leading Arawa chief among the visitors, stood up to reply before all the host speakers had finished their whaikorero. His actions inflamed the tangata whenua who advanced towards Mita Taupopoki

72 AJHR 1862, E-9, P 26.

25 yelling and chanting kaioraora. Te Arawa responded in turn, and when the opposing sides had nearly closed, Mita Taupopoki called for his Arawa people to halt, whereupon both sides obeyed and bloodshed was avoided. After a very long debate, it was decided that the Mataatua kawa would always be used except when Tuhourangi, Ngati Whakaue, and Ngati Pikiao were the guests, in which case Te Arawa kawa would be used. According to Ngati Manawa kaumatua, the main reasons for this decision were firstly that the Mataatua elders could not fault the old Arawa boundaries, and secondly, because Apahapaitaketake was of Arawa descent through his father who was one of the passengers of the Arawa waka. Bird notes that the matter remains contentious.73

An incident in the 1940s highlighted the disagreement between N gati Manawa and Patuheuheu over the boundary lines in the Whirinaki-Rangitaiki district. The Arawa version of the Ngati Manawa territory boundary line which Ngati Manawa apparently agree with is described by Bird as follows. The eastern boundary ran from the mouth of the Rangitaiki River to the north in a straight line to the mouth of the Horomanga River. It then turned southeast to the foot of the Tawhiuau mountain, continuing southwards to the summit of Tarapounamu. From there it went south-west to Opepe, then the western boundary stretched to Rerewhakaaitu 60 miles to the north. This area contained approximately 152,000 hectares all owned by Ngati Manawa. 74 Patuheuheu contested this boundary but their version of the boundaries was not accepted by N gati Manawa kaumatua. In 1945, representatives of both parties traveled to the Arawa Trust Board in Rotorua in an effort to settle the dispute. Turanga Mauparaoa, Raeiri Parakiri, Iharaia Matekuare, and Mate Wharehuia attended on behalf of Ngati Manawa, and Iki Pouwhare, Rikiriki, and Papanui, represented Patuheuheu. The chairman of the Arawa Trust Board, Taiporutu Mitchell, hosted both delegations. The map he produced supported the Ngati Manawa claim, and not that ofPatuheuheu who remained bitterly opposed.75

73 Bird, pp 18-19. 74 Bird, P 70. 7S Bird, P 17.

26 These examples so not specifically focus on Kuhawaea, but they do continue the themes apparent in the earlier wars between these neighbouring iwilhapu. That is, the tensions between the groups resulting from their close proximity to each other, their intermarriages, dislocations, temporary occupations, exile and the disputes over land. The following section returns to the 1860s to show the effects the New Zealand Wars had on the relationships between these groups.

1.8 The impact of the New Zealand Wars, Kereopa, and Te Kooti

The New Zealand wars began in the 1860s, and introduced new elements into the battles which had previously raged between hapu;Many Tuhoe hapu fought the Government forces that invaded Te Urewera, while Ngati Manawa and Te Arawa hapu chose to assist the Government. Battles between these groups resulting from their different interests and allegiances were fought out on the Kuhawaea plain. In 1864, Ngati Manawa had settlements at Tauaroa in Kuhawaea, and Tututarata at Whirinaki. They had a number of small kainga on both sides of the Rangitaiki river, and cultivations of wheat and potatoes.76 Some of Patuheuheu and Ngati Haka were living by the Horomanga river near the entrance to Te Urewera.

Kereopa te Rau and, later, Te Kooti Rikirangi traveled through Kuhawaea on their way to and from Te Urewera to escape Government forces. Both men had supporters in Te Urewera who hid and defended them. Thegovernmenttermed such supporters 'rebels' and confiscated the lands of those deemed to be in 'rebellion' . During the mid 1860s the government issued a warning that all tribes who harbored or supported Kereopa would have their land confiscated.77 This ultimatum may have influenced the decision of the majority ofNgati Manawa to fight on the side of the government, even though this pitted them against neighbouring Tuhoe hapu.

In March 1865, Kereopa and his followers killed the Rev Volkner at Opotiki. From there, Kereopa's party fled to Ruatahuna, and, in doing so, crossed the Kuhawaea

76 See Captain Mair's report, MS-Papers-148, p 8l. 77 Bird, P 19.

27 plain leaving the head of Vollmer at Tauaroa. After gaining the support of some sections of Tuhoe, Kereopa decided to travel on to the Waikato.78 In June 1865, a party of Tuhoe accompanied Kereopa and his men on their way back to Kuhawaea. Ngati Manawa had been angered by Kereopa's earlier actions in their territory, and on hearing of his approach, determined that they would not allow him to pass through again. They sent a message to Ngati Whare at Te Whaiti warning them that Kereopa would not be allowed passage. They also sent a message to N gati Rangitihi asking for assistance, and a party of about thirty Ngati Rangitihi soon arrived from Tapahoro at Tarawera and gathered at Te Tapiri (in what became known as the Whirinaki block).79 When the Tuhoe party reached Te Tapiri, messengers from Ngati Manawa and Te Arawa demanded that Kereopa should be handed over to them. The replyTuhoe made to their demands is not known but it is likely that they took this presumption by Ngati

Manawa, who Best termed their 'old time vassals', as a great insult. 80 At any rate the Tuhoe party entrenched themselves nearby at Pukehinahina and sent for reinforcements. Tuhoe, N gati Awa, Whakatohea and Patuheuheu soon surrounded the Ngati Manawa pa. After a relatively minor battle the Ngati Manawa and Te Arawa forces fled from Te Tapiri during the night to Tarawera, and the Tuhoe forces destroyed the pa. 81

This incident identified Ngati Manawa, and Ngati Apa who were living with them, as loyalists or 'kupapa', and of course caused friction with their near neighbors and relatives. 82 Ngati Whare, under Matiu, son ofTe Whatanui; built the Kokotahi pa on a hill just south of Tauaroa, (within the Kuhawaea block), overlooking the Whirinaki River. It was built 'as a challenge to Ngati Manawa who had cast in their lot with the

Europeans. ,83 Ngati Manawa and Ngati Whare were closely related and the construction of the pa was a physical reminder of the tensions that arose between them because of their different allegiances.

78 Stafford, p 394. See S. Oliver, 'Kereopa Te Rau', in W.H. Oliver, (ed), The Dictionary of New Zealand Biography, Volume One, 1769-1869, Wellington, Allen & Unwin and the Department of Intemal Affairs, 1990, p 503. 79 Stafford, p 394. 80 Best, pp 583-584. 81 Best, pp 582-587. See also Cowan, pp 84-95. See also Stafford's record of this encounter in Stafford, pp 394-397. 82 See Best, pp 582-583.

28 In 1866, Gilbert Mair reported that Ngati Manawa had cultivations at Motumako and

Oruatewehi on the Kaingaroa plain, and at Rekereke, Te Wera 0 Punua, and the Otahakorae Bushes. They had also cultivated along the Rangitaiki from Ngahuinga to Te Raepohatu on the western side of the river.84 In 1868, Ngati Manawa were still living at Motumako.85

In the following years the government sent a senes of expeditions through the Horomanga entrance to Te Urewera to capture Te Kooti Arikirangi Te Turuki. Te Kooti and his people escaped from the Chatham Islands in 1868, and to avenge his wrongful imprisonment and the mistreatment of his followers, he had killed some people in Poverty Bay. Te Kooti fled to Te Urewera to escape the government forces who pursued him. In March 1869, Te Kooti and his followers crossed into the Rangitaiki valley and occupied the Oirakau pa at Tauaroa, 'on the Kuhawaea Plain close under the towering peak of Tawhiuau, on the western wall of the Urewera Mountains, and near the entrance to the Horomanga Gorge. ,86 Oirakau pa had been built by Te Patuheuheu of Tuhoe just after the fall ofTe Tapiri in 1865, although Best asserts that Tauaroa itself was an 'old-time' Ngati Manawa settlement.87 From there Te Kooti sent out a mounted kokiri to bring in Ngati Manawa from their pa at Motumako across the river.88 Maj or Mair and his brothers Henry and Gilbert Mair along with Maori troops followed Te Kooti,89 and on 18 March 1869, they reached Raoraopatate, an old Patuheuheu settlement on a hill near Arorangi. There, within about two miles of Oirakau pa where Te Kooti was camped, Mair observed about 70 mounted men galloping from the pa toward the river. Evidently this was the kokiri on its way to Motumako. When Mair and his men were within 500 yards of the pa, a man named Tikitu came out from Oirakau to ascertain their intentions. Tikitu stated that

83 Best, p 58l. 84 G. Mair, MS 92-8. 85 J.C. St. George Diary III, 12 October, 15 November, 1 and 10 December 1868, MS-1844. 86 Cowan, p 325. 87 Best, pp 611-613.

88 The kokiri later returned to Tauaroa bringing a few Ngati Manawa prisoners with them. See J. Binney, Redemption Songs: A Life ofTe Kooti Arikirangi Te Turuki, Auckland, Auckland University Press with Bridget Williams Books, 1995, pp 157-158. 89 Cowan, pp 324-325. Binney, pp 157-158.

29 - --- - ~-J

there were approximately 100 fighting men within the pa, excluding Patuheuheu and the people from Paharakeke at Te Tahora. The government troops along with Ngati Whakaue, Ngati Pikiao, Whakatohea and Ngai Tai surrounded the pa. Ngati Rangitihi, however, refused to support the siege. During the night Te Kooti managed to escape and headed for Ahikereru, accompanied by his Patuheuheu allies. The Arawa forces refused to follow any further. 90

Ngati Manawa and Te Arawa chose to side with the government in opposition to Tuhoe in these incidents, although some hapu did not always actively take part in the battles, and were reluctant to attack Tuhoe within Te Urewera itself. Ngati Rangitihi had formed close connections with the Ngati Hape hapu of Ngati Manawa by this stage, and they assisted Ngati Manawa on these occasions. Ngati Manawa are also likely to have lived with Ngati Rangitihi at Tapahoro for a time during the mid- sixties.

1.8 Kuhawaea: Kuaha to Te Urewera A year later, the government set up an outpost called Fort Galatea at Karamuramu, across the river from Kuhawaea. Fort Galatea was occupied and entrenched on 3 May 1869.91 The main purpose of the Fort was to guard the Horomanga entrance way into Te Urewera. Maori termed such entrance ways, 'kuaha', and as has been shown, the kuaha through Horomanga was an important access way between Te Urewera and the out-lying districts. From their vantage point at the Fort,soldiers could monitor the tracks from the Waikato, Taupo, and Rotorua districts, and therefore communication between Tuhoe and Maori in these other areas. 92 The Fort was built in Ngati Manawa territory, and was one of a chain of redoubts built from the Bay of Plenty coast to Karamuramu. Two Te Arawa contingents and other units led by George Preece and Gilbert Mair maintained a regular skirmishing role. They operated out of Fort Galatea into Te Urewera where they harassed the Tuhoe inhabitants. It was to these officers

90 Best, pp 611-613. 91 The fort was named after the ship the H.M.S. Galatea, which under the command of Prince Alfred, Duke of Edinburgh had visited New Zealand in 1869. Coates, p 2. 92 Coates, p 19.

30 that N gati Whare, and then Patuheuheu and N gati Haka of the Horomanga gorge surrendered in 1870.93

A series of reports regarding the surrender of Patuheuheu and N gati Haka have been recorded in the AJHRs. One report states that Wi Patene, Papanui, and Rangiaho among others of Patuheuheu, were 'anxious for peace; that if the Government would consent, they would come out to Tauaroa and live peaceably on their land' .94 Mair was keen to secure their surrender because Patuheuheu occupied the area around the Horomanga entrance way, and they stood in the way of an expedition going into the Urewera to search for Te Kooti. In May 1870, Mair stated that according to Patuheuheu, although they wanted peace, 'the Urewera would hardly consent to their coming away from Horomanga, as it would leave the pass to Ruatahuna unguarded. ,95 A few weeks later, Lieut.-Colonel Moule reported that Wi Patene and about fifty others were camped at Raoraopatate on their way to Te Teko, and that the group had not come out earlier because 'the Urewera, at Ruatahuna, restrained them'. Since that time, however, two of their rangatira had returned from a meeting at Ruatahuna with the news that the 'main body of the Urewera no longer opposed their leaving Horomanga Gorge' and that they should move out to the sea coast at once. Moule noted that their departure would leave the most direct approach to Ruatahuna clear. He also commented on their close connections to the 'loyal tribe', Ngati Manawa, and suggested that they be allowed to settle at Parawai with Ngati Manawa as that was their wish. 96 Some ofPatuheuheu went to live at Te Putere.

PatuheuheulNgati Haka had guarded the Horomanga kuaha for Tuhoe during the wars, but afterwards they seem to have retained their ties to N gati Manawa despite their having been on opposing sides. At the same time, not all of Patuheuheu opposed the Government. Some, such as Mehaka Tokopounamu, joined the Native Contingent and fought for the Government. 97

93 Binney, p 26. See also Best, pp 616-617. See also AJHR 1870, A.No.8B. 94 G. Mair to Mr Clarke, 23 May 1870, AJHR 1870, A.No.8B, P 64. 95 G. Mair to Mr Clarke, 23 May 1870, AJHR 1870, A.No.8B, P 64. 96 Lieut.-Colonel Moule to Commissioner Branigan, 9 June 1870, AJHR 1870, A.No.8B. P 73.

31 According to Best, after peace was made with the Government, Patuheuheu came from Raoraopatate, Waiohau, Horomanga a Pou and Tawhiuau, and settled at Te Houhi. 98 Some Ngati Manawa returned to Karamuramu, some to their kainga at Motumako, and some to Tauaroa at Kuhawaea.99 Ngati Whare returned to Te Whaiti.lOo The Government's relationship with Tuhoe remained tense. Tuhoe had surrendered to end the war, but they were bitter about the way the Government forces had treated them during that period. Tuhoe were not ready to accept the Government's authority over themselves or their land.

In 1872, Tuhoe leaders formed a council ofleadersknown.as Te Whitu Tekau, or the Council of Seventy.IOI This group was determined to 'establish an administrative structure and laws for the tribal group independent of government control. , 102 Their aim was to exclude the jurisdiction of the Native Land Court from Te Urewera, to forbid the building of roads, and to prevent the leasing or sale of land. This also meant asserting control over the kuaha to Te Urewera to prevent any further unauthorized entry. Tuhoe hapu were allocated different tracks to watch over, including the kuaha at Horomanga. The rohe potae 0 Tuhoe, as Te Urewera was also known, encompassed an area within which Tuhoe had authority over the land and the people, and the government effectively held little sway. In 1872, Tuhoe leaders sent letters to the Government describing the boundaries of their rohe which were published in AJHR 1872, F-3A.

The Crown wanted to keep the peace with Tuhoe in Te Urewera, while also acquiring the surrounding lands for Pakeha settlement. Rose has commented on the Crown's political agenda in its efforts to acquire the central Bay of Plenty lands. Maori who resided in the King Country and Te Urewera had opposed the Crown in the wars, and opening up the lands between them was, for the Crown, 'a step towards acquiring

97 AJHR 1895, G-l, P 63. 98 Best, pp 222,462. 99 (Wai 212, record of documents, doc B2), pp 33-34. 100 (Wai 212, record of documents, doc B9). 101 AJHR 1872, F-3A, pp 28-30. 102 W. Milroy, 'Tamarau Waiari', in C. Orange, (ed), The Dictionary ofNew Zealand Biography, Volume Two, 1870-1900, Wellington, Bridget Williams Books and the Department ofInternal Affairs, 1993, p 500.

32 lands in the King Country and isolating the Ureweras.'103 The ownership of the valleys on the western border of Te Urewera became an issue for Tuhoe and Ngati Manawa when private individuals and Crown land purchase agents began negotiating with hapu to acquire the lands. Tuhoe leaders were determined to retain control of their lands within the rohe potae, and to some degree, this attitude extended to the disputed border lands.

1.9 1870s Land Purchase Policies The Crown resumed its large scale Maori land purchases in 1873. Settlers were clamoring for more land and the government was determined to open up hitherto 'closed' districts such as the Waikato and Rangitaiki to satisfy the demand. The New Zealand Wars had all but ended by this time and the Crown sought to secure its authority over the whole of New Zealand. To these ends, the Government commissioned land agents to negotiate for the purchase or lease of Maori lands. In 1873, the Government commissioned Henry Walker Mitchell and Charles Oliver Bond Davis to negotiate for the acquisition of Maori lands in the Bay of Plenty and Taupo districts. Kathryn Rose has completed an overview report on Crown purchasing in Taupo and the Central Bay of Plenty in the 1870s for the Crown Forestry Rental Trust. Her report describes the activities of these agents in the Rangitaiki district, and the Crown's purchase policies in generaL 104 The following section is reliant upon Rose's work.

The 1862 and 1865 Native Lands Acts, and the establishment of the Native Land Court, had ended the Crown's monopoly on Maori land purchase. The Court acquired jurisdiction over the whole country and Maori could bring their land before the Court to establish a collective title. Private individuals were able to negotiate for land directly with vendors. In the 1870s, the Crown was able to circumvent the Court and resume pre-emption by citing legislation such as the Immigration and Public Works Act 1870 and the amended Act of 1871, which made special provision for lands intended for gold mining, railways or special settlements. Under section 42 of the

\03 K. Rose, 'The Bait and the Hook: Crown Purchasing in Taupo and the Central Bay of Plenty in the 1870s', Wellington, Crown Forestry Rental Trust, July 1997, p 27. 104 See Rose, 'The Bait and the Hook' .

33 Public Works Act, the Crown was able to advance money to purchase Maori lands before the Native Land Court had investigated the ownership of the land. The Governor could publish a notice in the New Zealand Gazette stating his intention to purchase certain lands. All other interested buyers were then restricted from acquiring from the Native owners any right, title, or interest, or contract for the purchase or acquisition of such lands described in the notice for a period of two years. 105 The Act stipulated that, subsequent to such arrangements, the land would be passed through the Native Land Court and a certificate of title issued upon which the arrangements entered into would be binding on both parties.

In August 1873, in another effort to monopolise Maori land purchasing~ the Crown suspended the operations of the 1865 and 1867 Native Lands Acts in the Rangitaiki district by way of clause 4 of the Native Lands Act 1867.106 The Crown was once again free to negotiate for the purchase or lease of Maori land before the owners of the land were confirmed on a certificate of title. On 17 September 1874, section 6 of the Native Land Act 1873 was used to reassert the suspension of the Native Land Acts. The suspension was finally lifted in February 1877.107 Private individuals such as Hutton Troutbeck, who made leasing arrangements prior to the suspension of the Native Lands Acts in 1873, seem to have continued their leases uninterrupted.

Davis and Mitchell began negotiations for the leasehold of many of the Rangitaiki land blocks in September 1873. In November 1873, they met with Ngati Halm who offered them the land on the east side of the Rangitaiki river. The agents reported that:

N gati Haka assembled offered lands to Government on the West side of Rangitaiki only for lease, lands on the East side they would also lease bye & bye but at present the Urewera had a voice in the matter, and they objected to any dealings with lands. lo8

105 The Immigration and Public Works Act, 1870, NZ Statutes, 1870. The Immigration and Public Works Amendment Act, 1871, NZ Statutes, 1871. 106 New Zealand Gazette, 1873, p 475. 107 New Zealand Gazette, 1874, p 632; 1877, p 187. 108 Davis and Mitchell Report, entry dated 14 November 1873, MA-MLP 1 18741227. See (Document Bank, doc B 15).

34 Ngati Haka claimed to hold ownership rights for the land east of the Rangitaiki, but Tuhoe had enough influence both with Ngati Haka, and the Government, to stop leasing in this area. Tuhoe were able to exert pressure on N gati Haka who were a hapu of Tuhoe, and the Government did not want to seriously upset Tuhoe by ignoring their claims to the land. In this instance Tuhoe authority over Rangitaiki lands was upheld. Ngati Manawa seem to have had no part in these negotiations.

In December 1873, Davis and Mitchell did negotiate an agreement with Wi Patene and N gati Haka for the Pokohu block, to the west of Kuhawaea (on the other side of the Rangitaiki, abutting the Matahina block). Mitchell and Davis had originally negotiated with Ngati Awa to lease the same land, but a private individual, Lieutenant Bluett, had offered Ngati Awa a higher rate for the leasehold. The government agents refused to adjust their offer, instead deciding that Ngati Haka were the owners of the block. They therefore dealt with Ngati Haka exclusively. Bluett went ahead and secured the leasehold for part of Pokohu, but by 20 December 1873, he had agreed to relinquish the lease 'having now been made aware that my leasing the lands from the

Natives at the present time is illegal.' 109 Rose notes that Bluett's understanding of the suspension of the Native Lands Acts in the region was that it was illegal for parties to enter into private arrangements with Maori for land. Also, that as a Crown employee, he was under further obligation to withdraw from any private land transactions. 110 The Maori owners were then restricted to accepting the lower prices that the Crown offered.

The land agents' actions seem somewhat unscrupulous in that they appeared to only admowledge those Maori who agreed to their leasing terms as being the true owners of the land. Davis and Mitchell entered into negotiations for many of the blocks surrounding Kuhawaea, but in December 1873, Donald McLean instructed them to leave negotiations in the district east of the Rangitaiki River and north of the Whirinaki stream and Ruatahuna to lA. Wilson. 111

109 MA-MLP 1 1874/500. See Rose, pp 60-61. 110 Rose, pp 61, 253. III MA-MLP 1 1874/227. See Rose, p 54.

35 1.10 Leasing and Purchasing in Kuhawaea From the early 1870s, there was fierce competition between both private individuals and Government land purchase agents to obtain the leasehold or freehold of Kuhawaea. There were possibly three or more distinct groups of 'owners' for Kuhawaea who made separate agreements with both individuals, and government agents. The involvement of Te Whitu Tekau, (the Tuhoe political union), was a further complication that aroused the concern of the Native Minister of the time, Donald McLean.

Captain Gilbert Mair had been stationed at Fort Galatea during the wars, and in 1873 he began leasing part of Kuhawaea. His actions concerning the lease came into question when representatives of Te Whitu Tekau objected to his lease. On 11 November 1873, Henry Tracy Clarke, the Under Secretary of the Native Department, reported that Tuhoe objections to land selling were impacting on Mair's negotiations with Ngati Manawa at Kaingaroa.ll2 Donald McLean wrote to Mair on 29 November 1873:

I am given to· understand that you are stocking land leased from Natives, in defiance of opposition offered by Urewera to your doing so, and I must have an immediate explanation of such conduct, likely, from what I hear, to create serious difficulties. l13

In response, Mair stated that he did not believe that the Urewera had any claim to the land but he had, nevertheless, been careful not to create a breach between them and Ngati Manawa. He had begun negotiations with Ngati Manawa for the Tauaroa and Kuhawaea run in 1866, and had concluded arrangements early in 1873, after which he had put cattle on the land.114 According to Mair, he had entered into an agreement with N gati Manawa at their own request,115 and over the previous eight years he and his

112 MS-Copy-0535-26, Folder 89. See also Rose, p 62. 113 D. McLean to Captain Mair, 29 November 1873, AJHR 1874, G-9, P 1. 114 Captain Mair to D. McLean, 23 December 1873, AJHR 1874, G-9, P 2. 115 Captain Mair to the Under Secretary, Native Department, 8 June 1874, AJHR 1874, G-9, P 3.

36 brother had advanced Ngati Manawa money and goods to the value of £150. Ngati Manawa had since urged him to lease their land or they would give it to people at Napier (probably a settler named Troutbeck). Mair had therefore agreed to pay £200 a year for four years for about 27,000 acres between the Rangitaiki River and the foot of Tawhiuau. However, after acquiring stock for the land, Mair learned that Hutton Troutbeck had obtained a lease for the same area from a portion ofNgati Manawa at a rate of £300 for the first year, and £400 for the next six years. Troutbeck had apparently obtained promissory notes from Ngati Manawa for all moneys advanced. 1l6 Troutbeck had probably been leasing the northern part of Kuhawaea from as early as 1869, and his acceptance by Ngati Manawa may in part be attributed to his marriage to a woman ofNgati Manawa. ll7 Te Whitu Tekau opposed Mair's lease of Kuhawaea, and their opposition raises the question of whether Tuhoe believed that they exercised ownership rights in the area by virtue of their earlier relationship with Ngati Manawa when· Tuhoe returned Ngati Manawa to Tututarata and the Rangitaiki Valley, and gave them wives.

IA. Wilson also accused Mair of abusing his position as a Government official to enter into private negotiations, and of interfering with the negotiations being carried out by Crown land purchase agents. Mair denied using his position as an official to gain an unfair advantage in leasing negotiations, asserting that his lease of Kuhawaea had been made with good will on both sides. Mair asserted that no agents had made any offers to N gati Manawa for the land up to that time, and that he would have withdrawn had he known that the Government wanted the land. He offered to drop the lease, and offered to assist Davis and Mitchell to negotiate for the land on behalf of the government. 118 Mair withdrew from the lease and had removed his cattle from the land by early February 1874.119 In December 1874, a hearing to investigate the charge

116 Captain Mair to D. McLean, 1 December 1873, AJHR 1874, G-9, P 1. 117 See Coates, pp 29-30. According to Coates, Troutbeck met the daughter of one of the Ngati Manawa chiefs whom he later married making it possible to purchase Kuhawaea. She had apparently saved Troutbeck from Te Kooti. After her death, Troutbeck married Dorothy Mignon. See also Galatea Settlers Reunion Committee, 'Galatea 'Where on Earth is it?", 1980, pp 5-6. 118 Entry dated 23 December 1873, AJHR 1874, G-9, P 2. 119 Entry dated 13 February 1874, AJHR 1874, G-9, P 2.

37 ------J ,~ __

Figure 2: Sketch map ofKuhawaea, 1874, by Pani Harehare.

r;;;~~~,.,,,~~.,-,-, .. - . • "' .... ~. i

\ I

\ I \

L t \

"• - -.

I ,I !

tr I ~' ~ i

MA-MLP 1881/200 of misconduct was held at Te Teko, after which the charges against Mair were withdrawn. 120

In 1874, the Resident Magistrate, F .E. Hamlin, took a census of the Maori population living in the Rangitaiki district. His report showed that there were 123 Ngati Manawa living at Tauaroa and Galatea at that time. He also noted that there were 106 Patuheuheu and Ngati Haka at Rangitaiki and Horomanga, and 210 Ngati Whare at Rangitaiki and Ahikereru. 121

Wilson had taken up the negotiations for Kuhawaea in December 1873, and in January 1874, Poia te Otatu and others wrote to Wilson offering to sell Kuhawaea to the Government. Poia te Otatu described himself, Te Tuhi Manuera, Heta Tapuke, Pani Harehare and others, as 'the principal people having an interest' in the land commencing 'at Te Raepohatu thence in the Rangitaiki River to Whirinaki to Weriweri to Te Tawa a Tionga. From there it turns to Whirinaki, ascends Tawhiuau to the source of the Horomanga and meets again at Te Raepohatu. 122 It seems that the government decided to accept this offer since Wilson made cash payments to Te Tuhi Manuere and another, Pani Harehare, and Hapimana Rawiri to the value of £90 over January through to May 1874.123

As far Tuhoe were concerned, Wilson stated that the 'Urewera' could not contest his purchases at Kuhawaea and Tauaroa, and he believed this was why they could not remove the cattle in the area. Wilson asserted that this was a weakness on their part due to their having no rights to the land. He does note that in late January 1874, Tamaikoha, a leading rangatira of Tuhoe, had requested that he hold off on the purchase of Tauaroa until after a hui to be held at Ruatahuna. 124 Wilson did not hear anything further from Tuhoe concerning the block after this. Wilson denied that Tuhoe had any ownership rights to the land, while at the same time referring to

120 Series of correspondence filed under MA 1 751111, originals not located. 121 AJHR 1874, G-7, P 8. 122 Poia te Otatu and others to lA. Wilson, 5 January 1874. See also Te Hapimana Rawiri to lA. Wilson, 15 May 1874, MA-MLP 18811200. 123 Series of purchase statements in MA-MLP 18811200. Te Tuhi Manuere was later included in the list of owners for the Kuhawaea No.1 certificate of title.

38 ~ , ------

Kuhawaea as being within the 'rohe potae'. 125 Assuming that he meant the rohe potae o Tuhoe, Wilson's earlier statements, (that Tuhoe held no interest at Kuhawaea at all), seem questionable. Ngati Manawa had been known as 'loyalists' since the wars, and parts of N gati Manawa were clearly willing to sell their land. This may therefore have affected Wilson's decision to deal solely with them, rather than including Tuhoe hapu in his negotiations.

Although there was a general consensus among Te Whitu Tekau to reject leasing within the rohe potae, Tuhoe opinion seems to have been divided where the outlying lands of this district were concerned. In March 1874, Te Whitu Tekau held a hui at Ruatahuna to discuss issues such as the confiscation boundary, the union of Mataatua, the Whitu Tekau, and the forbidding of roads, leases, and European law within the rohe potae. They had invited all the Bay of Plenty rangatira to the hui but most declined the invitation with the exception of a few representatives from Ngaitai, Te Arawa, Ngati Awa, Ngati Pukeko, and Whakatohea. The resident magistrate of Opotiki, H.W. Brabant, also attended.

The discussions included the leasing going on in the Rangitaiki district. Although neither Mair or Wilson had mentioned Patuheuheu in their dealings concerning Kuhawaea, the matter did come up at this hui. Ngawaka of Patuheuheu spoke about his lease to Troutbeck asserting that he would not allow Te Whitu Tekau to interfere with it. Wi Patene of Patuheuheu admitted that he had taken money from the government (from Messrs. Davis and Mitchell) for land in the Rangitaikidistrict and that if the Seventy wished the lease to be given up to them, it would be a question of

whether they were strong enough to 'take' it. 126 Patuheuheu were now challenging the authority of the Whitu Tekau, when just a few years earlier, they had actively supported Tuhoe against the government. Patuheuheu was a hapu of Tuhoe, and Te Whitu Tekau would have expected some allegiance due to this fact. It is possible that Patuheuheu chose to lease without the sanction of Te Whitu Tekau because of Mair and Wilson's attitude towards Tuhoe interests in Kuhawaea. Patuheuheu may have

124 The hui at Ruatahuna was actually delayed until late March. 125 AJHR 1874, G-9, pp 2-3. 126 AJHR 1874, G-IA, p 4.

39 ------1 i",_

seen more advantage in siding with those Ngati Manawa over leasing issues, rather than with Tuhoe.

On 1 June 1874, Wilson reported that he had made purchases at Kuhawaea and Tauaroa, and had 'succeeded in acquiring such an interest in that block as to render the freehold of the remaining portion comparatively valueless to any other purchaser.,127 AHJR 1874, C-4, states that Wilson had forwarded £90 for the 'lease' (rather than purchase) ofthe 30,000 acres of 'Te Whaiti or Kuhawaea', but the period and conditions of the lease had not yet been fixed. 128 Wilson also reported that Hutton Troutbeck of Napier was occupying Tauaroa and Kuhawaea 'within the rohe potae' by way oflease.129

At Wilson's request, the Governor posted a notice in the New Zealand Gazette on 13 November 1874, stating the government's intention to enter into negotiations for the purchase of Kuhawaea, under section 42 of The Immigration and Public Works Act Amendment Act 1871. The notice described the area concerned as:

Bounded on the East[sic] by the Rangitaiki River, from Te Raepohatu to the mouth of the Whirinaki; thence on the South by the Whirinaki to Te Hinau; hence on the East by a line running to the upper portion of Mangahouhi;

thence on the North by a line to the first point. 130

Wilson had begun negotiating to purchase Kuhawaea pnor to the notice being published in the Gazette, and the suspension of the Native Lands Acts was still in force. Section 42 of the Immigration and Public Works Act allowed for purchase arrangements to be made prior to any involvement with the Native Land Court, and excluded any parties other than Crown land purchase agents from negotiating to acquire the land for a period of two years. Despite Wilson's purchase arrangements

127 AJHR 1874, G-9, P 2. 128 AJHR 1874, C-4, P 10. AJHR 1875, G-6, P 19, gives the same information for Kuhawaea and Tauaroa. 129 AJHR 1874, G-9, P 2.

40 and the restrictions put on the land in favor of the Crown, Wilson did not complete either the purchase or lease of Kuhawaea.

The Crown land purchase agents continued to negotiate for the lands bordering Kuhawaea, and in 1875, the large Kaingaroa No.1 block was leased to the Crown. The Native Land Court resumed jurisdiction within the Rangitaiki district in 1877. In 1878, the Native Land Court awarded the title to Waiohau No.l (14,464 acres) which lay to the north of Kuhawaea, to Wi Patene on behalf of Patuheuheul N gati Haka. The hapu formed a major settlement at Te Houhi on the right bank of Rangitaiki river. In the same year, the Court awarded Heruiwi No.1 (25,161 acres) to Ngati Manawa and N gati Apa.131

1.11 Surveys Arrangements to lease and purchase parts of Kuhawaea had been made, but as yet, the land had not been surveyed. Ngati Manawa were divided over the issue of surveying, and the Native Minister refused all of the early applications to survey Kuhawaea because of this division. On 27 March 1878, Pukenui, Harehare, Ngawaka, and Te Whaiti sent a telegram to John Bryce, the Native Minister, asking for him to agree to the survey of Kuhawaea, 'e hoa me whakaae koe kia ruritia a Kuhawaea'.132 In September 1878, Gilbert Mair, who was now the District Officer at Matata, informed H.T. Clarke that Hutton Troutbeck wished for Kuhawaea to be surveyed so that he could obtain a legal hold over the land. 133 One survey application signed by Mauparaoa Manuka, Rawiri, Pane and Ngati Manawa hapu, stated that Troutbeck was willing to pay for the survey of Kuhawaea. 134 Mair described Kuhawaea as 'almost the only good piece of land in that part of the Country', and recommended that the government acquire it. 135 On 9 October 1878, Wi Patene of Patuheuheu forwarded an

130 lA. Wilson to the Under Secretary of the Native Office Land Purchase Branch, 10 October 1874. New Zealand Gazette 1874, p 797. The boundaries in the notice were supplied by Wilson. 131 (Wai 212 record of documents, doc B9), p 2. 132 Telegram from Pukenui and others to Hone Hiana, 27 March 1878, MA-MLP 18811200. 133 G. Mair, District Officer, to H.T. Clarke, 7 September 1878, MA-MLP 18811200. 134 Survey application, MA-MLP 18811200. 135 G. Mair, District Officer, to H.T. Clarke, 7 September 1878, MA-MLP 18811200.

41 application from the N gati Koro hapu of N gati Manawa to survey Kuhawaea. This, and all the other applications were rejected. 136

Harehare Aterea and others wrote to Clarke on 27 November 1878, stating their objections to the survey of Kuhawaea.

Pani and Te Mauparaoa have told us that they agreed to the survey of Okuhawaea [Kuhawaea] now, friend we object entirely to that land being surveyed, we intend to leave it four [for] our children this is the firm intention of all interested. 137

In the same letter, Harehare brought up the matter ofthe unfinished mill at Tauaroa in Kuhawaea. Construction on the mill had started in 1863, but had not been completed due to the outbreak of war. In 1879 representatives of Ngati Manawa wrote to J. Sheehan, Native Minister from October 1877 to October 1879, asking for the government to assist Ngati Manawa to erect the mill. 138 Clearly, at least some ofNgati Manawa had planned to stay at Tauaroa and work there. Kuhawaea was described as being some of the best land in that part of the country, and Ngati Manawa may well have wished to reserve this land for themselves, especially since it bordered the major rivers in the region. Ngati Manawa also had interests in other lands near Kuhawaea, and they seem to have been more willing to lease or sell these areas. In 1880, the Kaingaroa No.1 block was sold to the Crown, who also took up the lease of the Heruiwi No.1 block. During the following year; the Crown purchased parts of the Heruiwi No.1 block. 139

On 24 April 1880, Aperaniko Te Hura, also known as Pani Te Hura, requested that Kuhawaea be surveyed in time to be heard at the upcoming Court sitting. He even stated that he had the money for the survey. The matter was referred to Bryce who refused to grant permission for the survey because the land was proclaimed as 'under

136 Wi Patene to Native and Defense Department forwarding Ngati Koro application, 9 October 1878, MA-MLP 18811200. 137 Harehare and others to H.T. Clarke, 27 November 1878, MA 1 1892/1219. 138 Ngati Manawa to Sheehan, July 1879, MA-MLP 111879/345.

42 negotiation for purchase' .140 Bryce likely wanted to avoid antagonizing the vendors, and possibly losing the land, by sending in surveyors without the permission of all involved.

On 20 April 1881, Harehare, Rewi Rangiamio, and Muka Paraoa sent a letter to W. Rolleston, Native Minister, to say that they would not consent to the survey, because the 'Creator does not make land a second time for one hereafter'.141 Possibly they feared that once the land was surveyed, it would be sold and gone for good.

On 26 April 1881, A.W. Bromfield wrote to the Native Minister on behalf of the owners of Kuhawaea (at least those that Wilson had made payments to), asking that the government withdraw from the purchase of the land. The owners offered to return the money already received, along with eight percent interest. Since the initial payments, there had been no survey of the land, and no further steps had been taken to complete the purchase. The owners therefore wanted to withdraw from negotiations with the government to allow them to deal with the land themselves, and have it surveyed by a private purchaser (probably Troutbeck) which apparently would commence at once. 142 The offer was accepted, and upon receipt of £103.5.5 from the owners, the government abandoned the negotiations for Kuhawaea in December 1882. 143

Although some of Ngati Manawa were clearly against the survey, on 11 April 1882, the chief surveyor S. Percy Smith, recommended that Kuhawaeashould be surveyed. When Bryce had refused to grant survey applications, it was believed that the survey would lead to a disturbance, but according to Smith, the danger of disturbance no longer existed. 144 Smith said the 'Natives appear to be very anxious to get the land

139 (Wai 212 record of documents, doc B9), p 2. 140 Aperaniko Te Hura to Mr. Dickey, April 1880, Kuhawaea Correspondence Closed File Series 47, RMLC, (Document Bank, docs CI-C4). 141 Harehare and others to W. Rolleston, 20 April 1881, MA-MLP 18811200. Rolleston was Native Minister from January 1881 to October 1881. 142 A. Bromfield to the Native Minister, 16 April 1881, MA-MLP 18811200. 143 MA-MLP 18811200, MA-MLP 1882/343, New Zealand Gazette, 21 December 1882. 144 John Bryce was Native Minister from October 1879 to January 1881, then again from October 1881 to August 1884.

43 through the Court in 2 or more blocks. I understand that some Europeans are negotiating for the lease or purchase, the proclamation withstanding. 14s He described the land as being 'rather better than the usual run in that district', and well suited for sheep. Bryce agreed that the survey should now go ahead. 146

1.12 Native Land Court Hearings In the 1880s and 1890s, Kuhawaea was brought before the Native Land Courts where different iwi/hapu presented evidence to prove their ownership rights to Kuhawaea. A notice concerning the Native Land Court's impending investigation of Kuhawaea dated 17 August 1882, appeared in the New Zealand Gazette on 1 September 1882. The notice stated that the lands would be investigated at Whakatane from the 22 September onwards. Pani Te Hura, Tauaroa, Mirimona, Harehare, and Raiha were listed as the claimants for Mangamutu Kuhawaea. The boundaries of Kuhawaea were described in the notice as follows.

Boundaries commence at Te Pouiatangiharuru, proceed westward, and along Te Paeroaowhirinaki, Te Takatakanga, Turamarama, Te Hikirewa, descend into Rangitaiki stream, turn northward, Ngarunui, turn to the North-east, Te Takapuohinehape, Rahakahaka, Te Awakarikari, Matakaka, Te Aumiki, Ahiruru, Te Ruahoata, Te Taupaki, the mouth of the Horomanga, Ngutukapi, turn to the East, proceed to the survey line of Waiohau Block, and along that line to the South-east, Mangakatote, Kopua, [Mangakatotekopua] close up to the mountain, turn to the South, Ohotu, Otamapare, ascend. Tapuketaru, pass below it, Ahimako, pass below Tawhinau [Tawhiuau] mountain, Waitaruma [Waitaruna], Mangamate, ascend Paewhakataratara, onward to the end of the bush, turn westward, Tutaerereotararuru, Te Taumanuka, descend into Te Putaohana [Putaohaua], and close up to Te Pouiatangiharuru, and end. 147

145 S.P. Smith to the Surveyor General, Wellington, 11 April 1882, MA-MLP 18811200. 146 S.P. Smith to the Surveyor General, Wellington, 11 April 1882, MA-MLP 18811200. 147 New Zealand Gazette 1882, p 1239, the alternative spellings given in brackets come from the same notice written in Maori on pp 1241-1242.

44 The title investigation of Mangamutu Kuhawaea commenced on 26 September 1882 at a sitting of the Native Land Court in Whakatane presided over by Judges L. O'Brien, and E.W. Puckey. Pani Te Hura brought the case forward on behalf of Ngati Manawa, while Hapimana Paraakiri appeared as a co-claimant on behalf of Ngati Apa/ Ngati Manawa. Huta Tangihia, as well as Nikora Te Tuhi, appeared as a counter claimants on behalf of Ngati Rangitihi (called Ngati Rangitiehe in the Court Minutes). No witnesses were brought forward on behalf of Tuhoe or Patuheuheul Ngati Haka at these particular hearings.

The claimants gave their evidence in Maori and it was translated into English by assessors and entered into the Court Minute Books. The following account is taken from the Whakatane Native Land Court minute books. There is some doubt as to the accuracy of the evidence presented at the court hearings because information was sometimes slanted to fit in with a claimant's case and, as a result, was often challenged by opposing parties. 148 Further clarification from contemporary claimants would be useful here. The following is a summary of the official record of the title investigation of Kuhawaea.

Case of N gati Manawa Pani Te Hura of Ngati Manawa, based his claim to Mangamutu Kuhawaea by the right of ancestry through Kauae, and continued occupation. He named Tauaroa, Takatakanga, and a pa at Horomanga as his permanent residences, where his ancestors had also lived. Pani Te Hura asserted that his people had never been disturbed in their occupation of the area. 149

Case of Ngati Apa Hapimana Paraakiri of N gati Apa claimed ancestral rights to Kuhawaea through Wairuhirangi, whose permanent residences were at Te Kupenga-ata-koro, and Hikirewa. The area Paraakiri claimed under Ngati Apa commenced from Takatakanga, thence along the Paeroa ridge to Ngarunui. He claimed the other portion

148 Best, p 20. 149 Whakatane Minute Book No.2, pIS. See (Document Bank, docs B23-B49) for the full account of these hearings.

45 of the block as a member of Ngati Manawa. lso Pani Te Hura admitted the claim of Paraakiri, both on behalf of Ngati Apa and Ngati Manawa.

Case of Ngati Rangitihi Huta Tangihia ofNgati Rangitihi and the Ngati Hape hapu ofNgati Manawa, claimed Kuhawaea as a member ofNgati Manawa, by ancestry through Tangiharuru, and also through conquest and continued occupation. Huta Tangihia asserted that the whole of the block belonged to Tangiharuru because he had destroyed the former owners of the land, Te Marangaranga, and taken possession of the land thereafter living there permanently. Tangihia then based his claim on his descent from Hape. He asserted that Pani Te Hura had included Hape as a descendant of Tangiharuru in the whakapapa he presented before the Court. There is, however, no mention of Hape in the list given by Pani Te Hura. Pani Te Hura himself refused to admit this claim.

Huta Tangihia asserted that Oputara was a pa that had belonged to Hape, who lived there and was later killed there by the Urewera.!51 Te Rourou was another of his pa near Kokotahi. He named Oirakau as a cultivation where his people used to grow corn, wheat and potatoes at the time the missionary Preece was in the area. He asserted that Takatakanga pa belonged to Ngati Manawa and Ngati Rangitihi, Ngati Hape and Ngati Whare, and it was there that they had waited for Taraia's Army (Ngati Maru) in c. 1850-52. He also said that the descendants of Hape were living at Hikirewa on the eastern side ofthe Rangitaiki river, and that they occupied land down to Tionga. ls2 He claimed from Takatakanga to Hikirewa on the western boundary 'thence across the block to the source of the Mangamate stream thence along the South Eastern boundary until it reaches to Kokotahi thence to commencing point, this

boundary belongs to the descendants of Hape' .153

According to Huta Tangihia, the descendants of Hape attained rights to Kuhawaea in the following manner. Ngati Mahanga killed two of Hape's descendants named Tuhi

150 Whakatane Minute Book No.2, pp 16-17. 151 See Best, pp 407-408. 152 Whakatane Minute Book No.2, p 18. 153 Whakatane Minute Book No.2, pp 17-19.

46 /

and Mamanga. When Hape's descendants heard of it they killed Ngati Mahanga and took possession of their land within the southern boundary of the Kuhawaea block as well as land outside of the block to the south west. Huta Tangihia asserted that Hape's descendants had mana over this portion and that they used to catch eels in the Whirinaki stream and river. His grandfather also killed some of Ngati Apa who were digging fern root and catching eels on the block, and took some of them as slaves. One of the men killed was called Te Rakau. 154

Pani Te Hura said that he had not cultivated on the southern portion, but that some descendants of Hape had, and were still living there. He acknowledged that Huta Tangihia was a member of Ngati Hape and several other hapu. However, he opposed Huta Tangihia's claim to Kuhawaea because he had named Hape as an ancestor. Pani Te Hura stated that the portion he himself claimed through conquest was on both sides of the Rangitaiki river. The fight referred to by Huta Tangihia took place on the west bank of the river. He was not aware that the killing of Te Rakau had been avenged, but did not see what relevance the fight had to do with Huta's claim. The fight showed the grounds of his own claim, and he knew both sides of the Rangitaiki River. He was aware that Huta brought the land on the Kaingaroa side of the river before the Court and claimed it under the same ancestors. Huta gave him some of the money for that

Kaingaroa block having being instructed to do so by the 'Committee'. 155

Pani Te Hura stated that the Rerewhakaitu portion belonged to Ngati Rangitihi but that he could not name the boundaries .between Hikirewa and the source of the Mangamate stream. He was aware that there was a road at Hikirewa that all the war parties used. Te Takatakanga was made during the war with Ngati Maru and belonged to Ngati Manawa. Hape's descendants had made it. Pani Te Hura had been there when Taraia's war party came and took up their position to the north of the pa, some having come from Tarawera and Matata. He said he had seen about seventy in that party, and that some were Te Arawa and some were Ngati Rangitihi, though Ngati Rangitihi did

154 Whakatane Minute Book No.2, P 27. 155 Whakatane Minute Book No.2, p 20.

47 -----_--_---_1 ------

not actually fight. They had cultivations at Whirinaki as did Ngati Hape and Ngati Manawa, and also had cultivations at Hikirewa and Takatakanga. 156

Huta Tangihia stated that he wished for Hakopa Takapou to conduct his case, and the Court agreed.

Nikora Te Tuhi then gave evidence as a member of the Ngati Hape hapu of Ngati Manawa and also as a member of N gati Rangitihi.157 He claimed the portion of Kuhawaea that ran from Hikirewa to Mangamate and all the land south of that. He acknowledged that Ngati Manawa had ac1aimto the northern portion. Nikora Te Tuhi based his claim on ancestry through Hape, a descendent of Tangiharuru. He stated that the evidence given by Huta Tangihia was correct, but added the connections/relatives of Hape that had been omitted. He said the Kuhawaea and Kaingaroa No.1 blocks belonged to the same ancestor, Tangiharuru. 158

Nikora Te Tuhi said that Ngati Manawa, Ngati Rangitihi and Ngati Hape had made a dam at Tauaroa under the supervision of Harehare, and that the 'Rahui' belonged to Ngati Hape.159 He had heard that the land had been leased and had not objected. He had not received any part of the rent money from the 'European' for the portion he claimed, although some of his people had. He had also heard of the meeting held to consult about the survey of Kuhawaea and other blocks but had not been present. He said that Ngati Hape was a hapu of Ngati Rangitihi and NgatiManawawith regard to the Kuhawaea block, the same as in Kaingaroa No.1.160 He did not oppose Pani Te Hura's claim to the block because all the descendants ofNgati Manawa had a right to claim. Hakopa Takapou stated that Ngati Rangitihi claimed only the southern part of the block, and had no claim whatsoever to the northern portion.

156 Whakatane Minute Book No.2, p 21. 157 Nikora Te Tuhi resided at Te Awaateatua. 158 Whakatane Minute Book No.2, pp 23-24. Tohea, the elder brother ofNikora Te Tuhi, was apparently killed at Tauaroa pa by Te Kooti. 159 Whakatane Minute Book No.2, p 26. 160 Whakatane Minute Book No.2, p 27.

48 Pani Te Hura stated that the area claimed by the counter claimants belonged to Koro and that the whole of Ngati Manawa were descended from this ancestor. He also named Te Wairuhirangi and Te Mahanga as ancestors. He said that Mahanga owned the portion between Takatakanga and Weriweri and that the Oputara pa also belonged to him. Kokotahi belonged to Te Hou. He said that Hape's descendants owned land at Tarawera and 'Whaiti' but did not own any land within Kuhawaea. Pani Te Hura stated that he was also ofNgati Hape but as such had no claim to Kuhawaea. 161

Pani Te Hura asserted that he had brought Kaingaroa No.1 before the Court and in that case Ngati Hape had been admitted on the title through aroha~not simply because they were members ofNgati Hape. Pani Te Hura set outthe claims as he saw them. The claim through Kauae was on the extreme northern boundary, and Hui's portion was south of Kauae's piece. Tokowaru's piece commenced at the mouth of the Omahuru stream thence in a straight line to the boundary line. Pikari' s piece commenced at the mouth of the Omahuru stream thence to Ahiruru thence in a straight line to Totara thence to the Mangamate stream on the south-eastern boundary line. Wairuhirangi, Koro, Mahanga, and Te Au took up the remainder ofthe block. 162

Pani Te Hura said that he had not mentioned Tangiharuru because Tangiharuru had divided his land among his descendants. Hape's descendants had no interest in the block although they did have interests in Kaingaroa No. I. The Court called Pani Te Hura's attention to his evidence where he had contradicted himself by saying that Hape's descendants were put on Kaingaroa No.1 through aroha, butJater said that they had a claim to Kaingaroa No.1. The Court then adjourned. 163

The judgment in this case was given as follows. The Court stated that Pani Te Hura and others of N gati Manawa based their claim to Mangamutu Kuhawaea on conquest by Tangiharuru and Wharepakau, and on descent from Kauae, Hui, Tokowaru, Pikari, Koro, Mahanga and Wairuhirangi, descendants of Tangiharuru and from Te Au of

161 Whakatane Minute Book No.2, p 28. 162 Whakatane Minute Book No.2, p 32. 163 Whakatane Minute Book No.2, p 33.

49 Wharepakau. Particular portions of the block were alleged to have been owned by these ancestors. The claim was also based on cultivation and continuous occupation.

The counter claimants, Huta Tangihia and the Ngati Hape, said they were a hapu of Ngati Manawa and ofNgati Rangitihi. They admitted the claims of Pani Te Hura and his co-claimants but·also claimed rights for themselves as descendants of Hape, whom they asserted was the owner of the southern part of the block from Hikirewa on the western boundary to Mangamate on the eastern boundary. The Court interpreted this admission to mean only that Huta Tangihia admitted that the claimants were descendants of Hape and did not 'take Huta Tangihia and his people exactly as meaning that they admit the claim as set up'. Nevertheless, the Court awarded the land to Ngati Manawa and Ngati Apa, in particular to the descendants of Kauae, Hui, Tokowaru, Pikari, Koro, Mahunga, Te Au and Wairuhirangi.164

The claimants for Ngati Manawa and Ngati Apa each acknowledged the other's ownership rights to Kuhawaea, and the hearing focused on the Ngati RangitihilNgati Hape claim. In the early 1860s, resident magistrate Hunter Brown had commented on the difficulties in distinguishing the boundaries between Ngati Rangitihi and Ngati Manawa because they were so closely related. In this hearing, the dispute continued since Ngati Rangitihi claimed rights through Hape, and asserted that Kaingaroa (where Ngati Hape ownership was recognised by the Court) and Kuhawaea were one and the same land. Ngati Manawa, however, proved to the satisfaction of the Court that this was not the case, and that Ngati Rangitihi were not entitled to share in the ownership of Kuhawaea on this basis.

Kuhawaea was partitioned into two blocks at this hearing. The larger block in the north was called the Kuhawaea No.1 block, and the smaller southern block was called the Kuhawaea No.2 block. The Court received the lists of owners' names from Ngati Manawa and Ngati Apa on 19 October 1882, and on 20 October 1882, recorded the names of 92 owners for the Kuhawaea No.1 block, and 33 owners for the Kuhawaea

164 Whakatane Minute Book No.2, pp 15-37. The record includes a short whakapapa extract. See pp 34-35 for judgment.

50 Figure 3: Map of Kuhawaea No.1 and No.2 blocks from Certificate of Title, 1884.

IZ7 6'8e, 1450 ·St;.J 7/0 "72 ~ .JSo 67F. 7/~ oJ/;! 683 715 1074- 4".3 IOZS 6!JI 4<12 6.3 a 880 2.6f! 644·· 16£2 ~. 8"4 .579 S7F. 736 42S' 688 821 667 184 0570 -184- H48 27s """ 1& .stH. "14- hI 420 635 262 216- 1510 l!o6 2330 -'44 ~80 /20 ':",~.'- BSS .,B4 t!? Peru' tfrn.i t;i a.s.st: .5"~', q~ ~ 4.51 413 Dr-dchcU ~ Ctqyt-lllL . t'i!: ".~' ;1,:zr:.Jltlr4 . . -:>:':':::~iLl' ·:-:~,~-----'-:':'BI{)Ok~~r.-;I. YI/.II. J. XI. 1111 Qnd 1'/r r

# quia/eo Surye"y D/8rrJcf.,

" .

Kuhawaea Block Order File 188 No.2 block. 165 Wi Patene and Mehaka Tokopounamu of Patuheuheu were included in the list of owners for the first block, even though they had not given any evidence to prove their rights to the land. Some of the N gati Manawa and N gati Apa owners wished to sell part of Kuhawaea, and the partitioning allowed a large section of the land to be freed up for sale, while some owners could continue to live on the portion bordering the Whirinaki river.

The owners were listed on a certificate of title which was inclusive of those who were present at the hearings, and who therefore could attempt to prove their case. 166 Soon after the completion of the initiaL hearings, members of Tuhoe petitioned for Kuhawaea to be reheard on the basis that they had not had an opportunity to prove their claim to Kuhawaea.

On 7 November 1882, Te Karaka Wakaunua and others of Te Urewera requested a 'rehearing for our land, Kuhawaea, which has been awarded to the Ngati Manawa by the Court.' They asserted that they did not receive the Kahiti advertising the block for hearing. The Kahiti that they did have had referred to the land of other tribes in which they were not interested. They said that the Kahiti was published on 15 August 1882 and the lands went to Court on 15 September 1882, Kuhawaea being heard at the same time at Opotiki and Whakatane. Wakaunua stated that 'it is permanent land of ours'.167 On 25 November 1882, W. Puckey addressed the application saying that one of the applicants, Makarini Te Warn of 'the Urewera', had been at Whakatane during the Court sitting but had made no protest of any kind· and did not set up a claim. He said there were also several other members of the Urewera present who appeared to have no business to transact in the Court. Puckey reasoned that if Makarini and others had been there, then surely those who asserted they were interested could also have been present. Puckey said that Kuhawaea was not heard by the Court until October

165 Whakatane Minute Book No.2, pp 144, 148-150, (Document Bank, docs B47-B49). Kuhawaea Block Order File 188, RMLC, (Document Bank, docs C133-135). See Certificates of Title for the Kuhawaea No.1 and No.2 blocks in (Document Bank, docs DI-D7). 166 See H. Riseborough, and J. Hutton, Rangahaua Whanui National Theme C, 'The Crown's Engagement with Customary Tenure in the Nineteenth Century', July 1997 first release, p 58.

51 ------==-::-=-::=::-1 I

and that the applicants had plenty of time to attend. Judge O'Brien agreed with Puckey on this matter and the request for rehearing was refused. 168 As noted above, Tuhoe did not acknowledge the mana of the Court, especially within Te Urewera, and this may have been a reason why Te Makarini Te Waru did not address the Court in Whakatane. However, some Tuhoe must have felt compelled to defend their interests in Kuhawaea and acknowledged the Court's jurisdiction by asking for a rehearing. It is possible that those Tuhoe interested in Kuhawaea were not able to attend the hearing, in which case those who did attend naturally would not have put up a case. There was no investigation of their claim, and therefore no opportunity to determine whether Tuhoe did have a case.

On 21 November 1882, Huta Tangihia and others wrote to Chief Judge Fenton requesting a rehearing of the Kuhawaea case. They claimed firstly, that the pas of their ancestor Hape were on the block, and secondly, that these were the same claims on the basis of which 9000 acres of Kaingaroa No.1 were awarded to them in 1879. They claimed that Kaingaroa No.1 and Kuhawaea were one and the same land, and that the judgment for Kuhawaea had been founded on occupation that commenced in 1840. 169 According to Judge O'Brien, the issue was whether the descendants of Hape were entitled to come in to share in the southern part of Kuhawaea with the claimants who claimed through ancestors other than Hape. He said that Huta Tangihia's evidence in the original hearings had been inconsistent and that the applicants had yet to establish that the judgment was manifestly wrong, which they would have to do before they would be entitled to a rehearing. 170

Despite the requests for rehearing from N gati RangitihiIN gati Hape, and from Tuhoe, the Kuhawaea case was not revisited and the judgment stood. Meanwhile, the Crown had received the refunded purchase monies for Kuhawaea from Poia Te Otatu and

167 Te Karaka Wakaunua and others to Mr Bryce, Native Minister, 7 November 1882, Kuhawaea Correspondence Closed File Series 47, RMLC, (Document Bank, docs CII-Cl3). 168 W. Puckey, 25 November 1882, O'Brien, 11 December 1882, Kuhawaea Correspondence Closed File Series 47, RMLC, (Document Bank, doc C13). As this report noted earlier, the fIrst hearing took place on 26 September 1882. 169 Huta Tangihia and others to Fenton, 21 November 1882, Kuhawaea Correspondence Closed File Series 47, RMLC, (Document Bank, doc C5-C6, C9).

52 others. In December 1882, a notice appeared in the NZ Gazette stating that the Crown had now relinquished negotiations for Kuhawaea and Tauaroa. l7l

1.13 Sale of Kuhawaea No.1 Block In 1881, the Inspector of Native Schools, E.D. Pope, reported that there were many small 'native settlements' along the banks of the river in the Fort Galatea and Kuhawaea areas, and all the cultivations were in the mountains at Ahikereru and Waiohau.172 In October 1883, G.E. Woods, a teacher at the Native School at Fort Galatea from 1881, reported that there were eleven European stores and between five and six hundred Maori, many living in tents, at the settlement. He also stated that Ngati Manawa had sold a large block of land called Kuhawaea No.1.173 The sale was not yet official, however, and would not be confirmed until the following year.

Hutton Troutbeck was negotiating for the purchase of Kuhawaea No.1 block, and at the same time it seems that someone was also attempting to acquire the smaller Kuhawaea No.2 block. On 29 November 1883, Hira Potakurua wrote to the Chief Judge of the Native Land Court stating that he had heard that a white man was purchasing the shares of Kuhawaea No.2 block (560 acres). He said that they (Ngati Manawa) had asked the Court when they had Kuhawaea adjudicated upon to make the 560 acres inalienable, on account of it being their permanent residence. 'It is not pleasing that that part should be alienated. This is an urgent request from us, that, that the land should be made inalienable that no person might be able to sell that share, lest we the tribe who live at the settlement should be in great distress.'174 According to Judge Puckey, no such request had been made at the Court hearings. I75 In 1878, however, Harehare Aterea and others had stated their intention to reserve Kuhawaea

170 O'Brien re application of Huta Tangihia for a rehearing, 11 December 1882, Kuhawaea Correspondence Closed File Series 47, RMLC, (Document Bank, docs C7-C8). 171 New Zealand Gazette, 21 December 1882. 172 Pope to Hislop, 12 March 1881, cited in Spring Rice, p 48. 173 Woods to Bush, 2 October, 1883, cited in Spring Rice, p 48. 174 Hira Potakurua to Chief Judge of the Native Land Court, 29 November 1883, Kuhawaea Correspondence Closed File Series 47, RMLC, (Document Bank, docs C 1O-C 17). 175 Notation on letter from Hira Potakurua to Chief Judge of the Native Land Court, 29 November 1883, Kuhawaea Correspondence Closed File Series 47, RMLC, (Document Bank, doc C17).

53 for their descendants, even if this was not expressly stated at the Court hearings. 176 One official stated that there was probably no way to make the land inalienable at this

late date, even if it were found that all the owners asked for it. 177 It is not known whether the petition was taken any further, but the Kuhawaea No.2 block remained in Maori ownership for many years.

On 18 September 1884, Hutton Troutbeck received the certificate of title for the 21,694 acres of Kuhawaea No.1 block. 178 According to the AJHRs, Troutbeck paid £7,000 for the 'Kuhawaka' No.1 block in the Bay of Plenty, at a price of 6 shillings and 5% pence per acre. 179 It is possible that the statement actually refers to the Kuhawaea No.1 block, however, Henry Bird believed that Troutbeck paid 2 shillings and 6 pence per acre, at a total of about £2,550, and Coates states that this figure is

likely to be correct. ISO Troutbeck had been leasing northern Kuhawaea for approximately fifteen years and the purchase consolidated his hold on the block, while the Kuhawaea No.2 block remained in the possession ofNgati Manawa.

1.14 Tarawera Eruption 1886 On the morning of 10 June 1886, Mount Tarawera erupted resulting in the destruction of nearby villages and the deaths of about one hundred people. Ash from the eruption spread out over the Rangitaiki valley, and the teacher at the Galatea school stated that about two inches of ash and lapilli fell over the school, which was just across the river from Kuhawaea. l8l Ngati Manawa fled from their residences at Karamuramu to Heruiwi while Patuheuheul Ngati Haka went to Ruatahuna and Matera (south of Karamuramu). The latter groups eventually returned to Te Houhi where they resided

176 Harehare and others to H.T. Clarke, 27 November 1878, in MA 1 189211219. 177 Notation on letter from Hira Potakurua to Chief Judge of the Native Land Court, 29 November 1883, Kuhawaea Correspondence Closed File Series 47, RMLC, (Document Bank, doc CI7). 178 The Kuhawaea No.1 block was also known by the number 4836A. Certificate of title, Kuhawaea Block Order File 188, RMLC, (Document Bank, docs C137-CI45). 179 AJHR 1885, G-6, 'Lands Passed through Native Land Court and Purchased by Europeans', p 4. 180 Certificate oftitle, Kuhawaea Block Order File 188, RMLC, (Document Bank, doc C137). Confirmation of the sale was delayed because of a number of discrepancies in the information for the certificate of title. See also Bird, p 27, and Coates, p 30. 181 Hooper to the Secretary for Education, in Spring Rice, p 50. Lapilli are the stone fragments ejected from volcanoes.

54 under the leadership of Wi Patene (also known as Taranui).182 The ash from the eruption fell in a relatively light shower over the top end of Kuhawaea where Troutbeck was farming, and the land soon recovered. Troutbeck did move his stock at Kuhawaea over to the Hawke's Bay after the eruption, and presumably he brought them back later. 183

1.15 Te Urewera boundaries Despite their unsuccessful application to have Kuhawaea reheard, Tuhoe remained interested in the Rangitaiki lands. In 1889, the government sent an official named Samuel Locke to Te Urewera to negotiate an agreement to open up the country for prospecting for gold and minerals, and to utilise the forests. Though not successful in these objectives, Locke did manage to obtain some information on the boundaries of Te Urewera. Tuhoe rangatira, Kereru Te Pukenui and others, sent a letter to the Native Minister dated 17 April 1889, that contained their approximations of the boundaries of Te Urewera. In the section regarding the western boundary, the letter states that the line runs from 'Nutukapi; thence along the line of Kuhawaea to Kopua, Ohotu, Otamapare, Tapuketaru, Tawhinau' [Tawhiuau].184 Kuhawaea was apparently much on the minds of Tuhoe at this point. Although Tuhoe had not participated in the original hearings for Kuhawaea in 1882, they did present evidence concerning their rights in the block during the Whirinaki hearings in 1890. 185

On 21 October 1890, Harehare Aterea appeared at the Whirinaki hearings to give evidence on behalf of Ngati Manawa. In relation to the Patuheuheu claim to Whirinaki, he stated that Patuheuheu were living on the lands on their own mana. However, he said that Tuhoe mana did not extend over the block and on to Kaingaroa, otherwise the descendants of Tuhoe would have got into the latter block, and Kuhawaea as well. 186 Harehare stated that the names Tangiharuru and Apa had been put on the lease when Kuhawaea was leased to Troutbeck. He said that it was 'the

182 Best, p 222. 183 Coates, p 32. 184 AJHR 1889, G-6, pp 1-2. 185 An influenza epidemic struck the Rangitaiki district in the same year. 186 Whakatane Minute Book 3, Whirinaki hearing, 1890, p 29, in (Wai 212 record of documents, doc B4e), p 12.

55 intermarriage of the descendants of Apa with those of Tangiharuru (who owned the land) that the lease to Troutbeck was made.'187

Tutakangahau claimed Whirinaki on behalf of Tuhoe. He based the claim on conquest over N gati Manawa, and on ancestry, and occupation. Tutakangahau claimed that, on no less than three occasions, Tuhoe were invited by Ngati Apa to assist in revenging the death of certain of their great chiefs who had fallen by the hands of Ngati Manawa. Tuhoe had responded and stormed the Oputara pa twice, won a battle at Hokitaua, stormed the Ngati Manawa pa at Heruiwi, and captured the Okarea pa. After this he alleged that Ngati Manawa had migrated to Tarawera on the Taupo road, then to the valley of the Petane river until they were driven to Te Putere by Ngati Kahungunu. The Court stated that Ngati Manawa admitted the defeat alleged but strongly denied that they were ever driven away by Tuhoe. Ngati Apa supported the position of Ngati Manawa, they admitted that the men of Ngati Manawa were conquered, but specifically denied that the land was ever conquered. The Court considered that no satisfactory occupation of this land by Tuhoe had been proven. Where Tutakangahau described occasions when ancestors of his tribe had cultivated on the block, the Court considered that these men had occupied either by right of Ngati Manawa or Ngati Apa wives, or had been given special permission to reside there by the said tribes.

The Court found that Tuhoe did not hold mana over the land by virtue of conquest or occupation. It held that whatever mana Tuhoe might have in the area was over the men, not the land. In the Court's opinion, 'even if they had at one time conquered the land, the fact of bringing back the original owners (as they alleged they did) and putting them in exclusive possession of the land would in itself have extinguished the Tuhoe claim.'188 The Tuhoe claim to the Whirinaki lands was therefore dismissed by the Court. Whirinaki was partitioned into two blocks; the Whirinaki No.1 block was

187 Whakatane Minute Book 3, Whirinaki hearing, 1890, p 38, in (Wai 212 record of documents, doc B4e), p 17. 188 Whakatane Minute Book 3, Whirinaki hearing, 1890, p 102, in (Wai 212 record of documents, doc B4e), pp 51-52.

56 awarded to Ngati Apa under Hapimana Paraakiri (18,900 acres), and the Whirinaki No.2 block to Ngati Manawa under Harehare Aterea.

1.16 The Urewera Commissions The Crown was increasingly interested in opening up the lands where they had previously had little infl"ll:ence. In 1894, Richard Seddon, the Premier of the time, journeyed through Te Urewera, ostensibly to 'improve relations between Maori and the government.' James Carroll accompanied Seddon, and after traveling through the eastern part of Te Urewera, they attended a meeting at Galatea where representatives of Ngati Manawa, Tuhoe, and Patuheuheu had assembled. At this meeting, Mehaka Tokopounamu of Patuheuheu spoke on behalf of his people. He said that they had always been a loyal tribe, and that many had taken up arms on the side of the Government. Mehaka himself had been a member of the Native Contingent, although the majority of Patuheuheu had actually supported Tuhoe in their fight against the government. Mehaka stated that 'Some of them are now tottering on the brink of eternity. Their time is brief in this world, and I think they should receive some consideration for their services in the past, which should not be forgotten.'189 In reply, Seddon stated that 'having stood loyally and true to the Queen, and being now in a destitute condition, their case is one where the Government should assist. ,190

Patuheuheu had already sold or leased some of their lands to the Crown, but they and other Rangitaiki based hapu were finding it difficult to support themselves. Little or no economic development had taken place on the remaining Maori-owned land at Kuhawaea, and natural disasters such as the Tarawera eruption in 1886, and a major flood of the Rangitaiki river in 1892 had devastated crops, generally making living conditions difficult. 191 It is not surprising therefore that some hapu were willing to lease or sell their lands to obtain an income. The loss of most of their land may have influenced the decision of Patuheuheu to later petition for the recognition of their rights in the Kuhawaea lands.

189 AJHR 1895, G-1, P 63. 190 AJHR 1895, G-1, P 64. 191 Crops and stock continued to suffer due to severe frosts in 1897, 1898, and 1900, and another major flood in 1904. Ika Whenua Rivers Report, p 28.

57 Seddon and Carroll's meetings with the different Urewera hapu were one of the important factors that led to the formation of special legislation for the title investigation and the administration of Te Urewera lands, namely, the Urewera District Native Reserve Act 1896. The 1896 Act defined the boundaries encompassing about 650,000 acres of land within what was known as the rohe potae 0 Tuhoe, or Te Urewera. On the western side, the district was bounded generally by Whirinaki, Kuhawaea No.1. Waiohau No.lB, No.lA, No.2, and the Tuararangaia blocks to the confiscation boundary line at Tapapakiekie. l92 Kuhawaea was not included within these boundaries.

The 1896 Act enabled the formation of a commission made up of two Pakeha members and five Tuhoe members. The commissioners were appointed in February 1898, and their purpose was to define the interests of the various hapu ofTe Urewera, and to divide up the Urewera country into blocks. On 1 February 1899, the Urewera Commissioners held their first meeting where they compiled a list of hapu and dwelling places based on the information given by various rangatira. Mehaka Tokopounamu stated that Patuheuheu resided at Te Rouhi along with Ngati Riki, and that Ngati Manawa, Ngati Rui, Ngai Te Au, Ngati Rape, and Ngati Mahanga resided at Galatea. Ngati Whare and Ngati Te Karaha lived at Te Whaiti, while Ngati Rakei resided at Ruatoki and Te Rouhi. 193 Ngati Whare and Ngati Manawa were likely included in the list because of their close connections to Tuhoe, even though they were not Tuhoe hapu. 194 In 1899, Percy Smith made the following observation concerning the boundaries ofTe Urewera:

it was soon found that practically there are no such things as defined hapu boundaries such as were acknowledged by the people as belonging to any given hapu to the exclusion of others. As a matter of fact, nearly the whole area is subject to overlapping claims one on top of the other with discordant

192 The Urewera District Native Reserve Act, 1896, New Zealand Statutes 1896. 193 Urewera Minute Book No.1, pp 4-7. 194 Stokes, Milroy, and Melbourne, Te Urewera Nga Iwi Te Whenua Te Ngahere People, Land and Forests ofTe Urewera, University ofWaikato, Hamilton, 1986, p 19.

58 boundaries; and the hapus are so mixed by intermarriage that it is difficult to say to what hapu any particular individual of the tribe belongs. 195

This idea of overlapping boundaries is also relevant to the situation in the Kuhawaea blocks, where rightful ownership continued to be disputed by Tuhoe hapu.

Wi Patene Torohanga of Patuheuheu and 45 others placed a petition regarding the Kuhawaea No.1 block before the Native Affairs Committee in 1897. Because of the number of other petitions heard by the Committee, Wi Patene's petition was not heard until 1898. 196 The claimants asked for compensation on account of their application for rehearing having been illegally· dismissed. The petitioners asserted that Patuheuheu had not made a claim to Kuhawaea at the original Land Court hearings because they had made an agreement with Ngati Manawa. According to the agreement Ngati Manawa were to include the whole of Patuheuheu on the ownership lists, however, Wi Patene and Mehaka Tokopounamu were the only members of Patuheuheu listed. The petitioners said that they had pa, cultivations, and tupapaku on Kuhawaea, and that this was proof of their claim. The Chief Judge of the Native Land Court, G.B. Davy, sent his opinion of the case to the Native Affairs Committee. He commented that Wi Patene had made an application for rehearing and that the application had been illegally dismissed by Chief Judge Macdonald. Davy stated that it was illegal in that there had been no inquiry into the matter in open Court, but that as the land had been sold, nothing could now be done. Davy added that 'it does not follow that the applicants had a good case, but at all events they were entitled to an inquiry before the application was dismissed.'197 The Native Affairs Committee therefore recommended that the petition be referred to the government for inquiry to find out whether there were any grounds for complaint. 198 The government agreed with this recommendation and decided that the matter should be dealt with by the Urewera Commission. The reasoning behind this decision was that the Commission

195 AJHR 1899, C-l, p.xi. 196 Petition No.207/1897, AJHR 1898, 1-3, P 8. 197 Memorandum from G.B. Davy to the Chairman, Native Affairs Committee, 10 August, 1898, MA 1 1908/370, (Document Bank, doc B7). 198 AJHR 1898, 1-3, P 8. Petition read on 5 August 1898.

59 had 'to deal with all the adjoining lands' and could 'easily make remarks acquainted with the facts and position of affairs.' 199

Despite the fact that Kuhawaea was not within the Urewera District Native Reserve, the Urewera Commission heard Wi Patene's petition on 7 March 1899.200 The Commission members were S. Percy Smith, William J. Butler, Numia Kereru, Tutakangahau, Mehaka Tokopounamu, Te Pou, and Hurae Puketapu. Members of Ngati Manawa, Te Patuheuheu, Ngati Hape, and Tuhoe gave evidence at the sitting. Mehaka Tokopounamu sat on the Commission, and spoke on behalf of Patuheuheu?OI The Commission heard evidence from allparties concerned, and.basedits decision on this information, and the Native Land Court minutes from the original hearings?02 Unfortunately the Commission's final report on the petition has not been located after a search of the Maori Affairs, Maori Land Purchase Department, and Justice Department correspondence indexes, registers, and files at the Wellington National Archives, and of files at the Alexander Turnbull library. It is possible that the report was lodged with another department, or is housed in another institution. Hopefully the report will be located and the situation clarified. Nevertheless, although Wi Patene and Mehaka Tokopounamu were included in the original ownership lists for the Kuhawaea No.1 block, it is unlikely that any decision made by the Urewera Commission would have resulted in the inclusion of more Patuheuheu names on the certificate of title since the land had been sold to Hutton Troutbeck in 1884.

A second Urewera Commission began its investigations in 1907 and addressed many of the appeals that had arisen from the first Commission's investigations. Although no petitions regarding Kuhawaea in particular have been located, witnesses did mention Kuhawaea in some of the evidence regarding nearby blocks of land such as Otairi, Tarapounamu, and Hikurangi-Horomanga.

199 MA 1 1908/370, (Document Bank, doc BS). 200 MA 11908/370, (Document Bank, docs BSO-B62). 201 The Urewera District Native Reserve Act Amendment, 1900, section 2 states that Commission members with interests in the land being investigated were not eligible to vote. 202 Urewera Minute Book No.1, p 128, (Document Bank, doc B62). See also MA 1 1908/370.

60 In the evidence given by Patuheuheu for the Hikurangi Horomanga block, claimants brought up the matter of the mill that was to have been built at Tauaroa before the wars. Nikora Te Ao 0 te Rangi of Patuheuheu stated that 'The mill was to stand on Ngati Manawa land at Tauaroa but the mill was to be used by both tribes, Manawa and Patuheuheu, only it was never finished [,]war having broken out with Europeans. Patuheuheu have lived there ever since. The bulk of our kaingas have been included in Kuhawaea including Ohikamarokura Pa, taken and burnt by Govt, 2 May 1869.'203 The Commission recommended that the portion of the Hikurangi -Horomanga block to the north of the Horomanga river be awarded to Patuheuheu, and the southern portion awarded to Ngati Manawa and added to the Tawhiuau block. By now Patuheuheu had very little land left, especially after their major settlement at Te Houhihad been lost as a result of the 'Waiohau fraud' in 1886. Members of the Ngati Rongo hapu of Tuhoe appealed to have their shares in the block increased but were unsuccessful because they had earlier stated that they had left the majority of the shares in the block to Patuheuheu as the hapu owned no other land than this. The Commission considered that this was an important statement, and so dismissed the application. 204

1.17 Sales of Kuhawaea No.2A and No.2B Blocks The Maori Lands Administration Act 1900, enabled the formation of a group of Maori Land Councils or Maori Land Boards to administrate Maori-owned lands. These bodies were formed on a district basis, and the eastern Bay of Plenty and Rotorua districts came under the Waiariki District Maori Land Board which, was formed in 1901. The Board had partial jurisdiction over all Maori lands within its district, whether the land was vested in the Board or not. The Kuhawaea No.2 block had remained in the possession of the original owners, and it is not clear whether the land was ever actually vested in the Board. Nevertheless, private individuals wishing to purchase Kuhawaea had to negotiate with the owners through the Board.20s The Board

203 Entry dated 20 March 1907, qMS-1230, pp 93-95. 204 AJHR 1907, G-4, P 2. 205 D. Loveridge, 'Maori Land Councils and Maori Land Boards: A Historical Overview, 1900 to 1952', Waitangi Tribunal Rangahaua Whanui Series, December 1996 First Release, p 29. See Loveridge's report for a description of the Waiariki District Maori Land Board's powers regarding leasing and sales.

61 could then approve a sale subject to the sale being confirmed by the Native Land Court.

Dorothy Mignon Troutbeck, (2nd wife of Hutton Troutbeck),206 began making offers to the Waiariki District Maori Land Board to buy the Kuhawaea No.2 block in 1913. As has been noted earlier, the Kuhawaea No.2 block was not inalienable, though some owners had requested restrictions, and continued to do so. On 28 April 1913, the station manager of the Kuhawaea No.1 block, James Grant, appeared on behalf of Troutbeck at a meeting of the Board to consider the purchase request. Grant stated that only 5 of the owners of the block in question had not yet sold their interests to Troutbeck senior. Harehare Aterea commented that he himself had been one of those who had sold his interests to Troutbeck. The Board decided that receipts of the transactions would have to be provided before matters could be taken further and the meeting was adjoumed.207 On 30 May 1913, the Board met again, and of the eight owners of Kuhawaea who were present, Harehare Aterea, Mauparaoa Manuka, Pukepuke Rawiri, Hapimana Paraakiri and Konaho Hopaia voted for the sale, and Hou te Marunui, Rakapa Ngawini, and Taunoa Ngawini voted against.20s Hapimana Paraakiri later stated that the inclusion of his name here had been a mistake.209

On 6 June 1913, the Board confirmed the resolution passed by the assembled owners for the sale of the block to D.M. Troutbeck, subject to being shown that the owners had sufficient other lands.2lO According to Judge Browne, the Board decided to waive the necessity for furnishing particulars because the 'vendors have plenty of other land. ,211 Although the Board could approve the sale of the land, and even accept money on behalf of the owners, purchases still had to be confirmed by the Native

206 Hutton Troutbeck was killed in an accident near Napier on 18 September 1893. Probate of his will was granted to G. Richardson and A. Cotterill of Napier. Troutbeck's son Ewan, at only 7 years old was too young to take over Troutbeck Station, so Trustees appointed James Grant to manage the station. Certificate of title, Kuhawaea Block Order File 188, RMLC, (Document Bank, doc CI93). See also 'Galatea 'Where on Earth is it?", P 6. 207 BAJJ A73-42/1913/78, (Document Bank, docs A50-A51). 208 BAJJ A 73-42/1913/78, (Document Bank, doc A48). 209 BAJJ A73-42/1913/78, (Document Bank, doc A41). 210 BAJJ A73-42/1913/78, (Document Bank, docs A43, A49). 211 BAJJ A 73-42/1913/78, (Document Bank, doc A31).

62 Land Court. The Board would approve the sale of Kuhawaea a number of times before the transaction was completed.

On 13 June 1913, Te Marunui Rawiri of Ngati Manawa Wrote to Judge Browne on behalf of Rakapa Peraniko and Taunoa who were still living on the Kuhawaea No.2 block and who did not wish to sell. 212 Despite this request, on 21 July 1914 the Board approved a memorandum oftransfer for the Kuhawaea No.2 block to D.M. Troutbeck for the amount of £245.213 On 14 December 1915, a solicitor named M.H. Hampson wrote to the President of the Waiariki District Maori Land Board on behalf of Hapimana Paraakiri of Ngati Apa who wanted his interests cutout of the block. He stated that Paraakiri had not voted for the resolution for the sale of the land and that the record was in error, in which case the resolution should not have been passed.214 It became clear that the Kuhawaea purchase would not be completed until the interests of the sellers and non-sellers were separated.

Hapimana Paraakiri and others applied to the Native Land Court to determine the relative interests of the several owners of the Kuhawaea No.2 block. The Court agreed to the request, and on 17 September 1915, set out the names and relative interests of the owners in a schedule.215 A short time later on 3 December 1915, Judge James Wake lin Brown ordered that the Kuhawaea No.2 block be partitioned into two separate blocks. Henceforth the Kuhawaea No.2 block became known as the Kuhawaea No.2A and No.2B biocksP6 The list of owners' names forthe Kuhawaea No.2 block were split into two groups, and only three names were included in the Kuhawaea No.2A block list. Rakapa Ngawini is the only person whose name appears on the lists of owners for both blocks.

212 BAJJ A 73-42/1913178, (Document Bank, doc A46). 213 See AJHR 1915, G-9, P 28. This was the amount named in the Government evaluation for the block made on 17 May 1913, BAJJ A 73-42/1913178, (Document Bank, docs A44-A45, A47). 214 BAJJ A73-42/1913178, (Document Bank, doc A41). Note that by 1914 most of the Galatea Station (Kuhawaea No.1 block) had been grazed, and Bill Scott replaced James Grant as station manager. 215 Kuhawaea Block Order File 188, RMLC, (Document Bank, docs C130-C132). Rewi Rangiamio had asked that the block be partitioned in 1890, but nothing came of this request. See Kuhawaea Correspondence, Closed File Series 47, (Document Bank, docs C29- C30). 216 Kuhawaea Block Order File 188, RMLC, (Document Bank, docs C69, C82).

63 Figure 4: Map of Kuhawaea No.2A block

IX. XII/. CRLRTER S.D. j

.. ~" .' ",

p:!y~ Z:B / / /:0 V Co 'X.\ Q /()C()z/ { .;... ,;" . '. .~ IfUHRWR£R/ /Y? Z R /' / 70 . 3 . Z3 / (

". •. ,'c.'" . ./0. ,. , .... ,' ." ... ' / 1.( ! 1 I '''': ·C· i ,',,:,.: .',:,: .. "lor P1f/'\:> Kuhawaea Block Order File 188 H i./;1ifchel/. .s.:r.~::'IJr II' ,.' ... (j)._t{;~ '~-,"2iIS"!ilI~J Figure 5: Map of Kuhawaea No.2B block

IX,XIII, CRLRTER S.D.

I

~ ~ ..... Q

~ ../ t I I

....~ .... I CI>,

/ / !yO I

,,,/ Totol/lrea .'- 5 Z 2 . Z . 17

;)

, l~~/ .l.p ',-,; I .... ) .:;" -. .. " V ," / '~'-' I ..... 1 ", ~ : . ~ ~ '" ... ; (',', .i '..:,' : \~ .. , ".! \\ .... '. , \. :. ..

Kuhawaea Block Order File 188 The Native Land Court listed the names, and the relative shares of the thirty one owners of the Kuhawaea No.2B block in the following schedule.

Name sex (age if minor) Relative Interest/Shares 1. Apiata Tanirau m 1/4 2. Ahuriri Ngahere m I 3. Hapimana Paraakiri m 10 4. Horomona Te Peeti m 10 5. Hamahona Hopaea m 1119 6. Hare Tanirau m 1/4 7. Himaima Titihuia f 10 8. Harehare Aterea m 2 9. Iharaia te Hira (Iharaia Matekuare) m 15 10. Kiekie Hopaea f 1 1/9 11. Te Kiata Tanirau m 114 12. Konaho Hopaea m 10 13. MataNikora f,8 6 14. Mohiti Nikora m,7 6 15. Mauparaoa Manuka m 30 16. Te Matekuare te Hira m 15 17. Merita Kahureremoa f 1 18. N ana Tanirau f 114

19. N gawini Peraniko (The other 10 shares of

alias Rakapa Ngawini f 3 1/3 Ngawini Peraniko were partitioned into Kuhawaea No.2A). 20. Nohi Nikora m,9 6 21. Pukepuke Rawiri m 10 22. Peraniko Ngarimu m 10 23. Peti te Whatu f 10

64 24. Raiha Tipare alias Tipare Roka f 4

25. Rangimaewa Riripeti f 13 1/3 26. Rahera Nikora f,5 6 27. Tapora Nikora f,6 6 28. Tungane Meihana f 10 29. Takurua m 10 30. Wi Ngahere m 3

31. Whare12a12a Peita m 11 1/9 222 shares217

On 3 July 1916, the Waiariki District Maori Land Board approved the sale of 516 acres of the Kuhawaea No.2B block to D.M. Troutbeck. 218 However, it was not until December 1918 that the final conveyance confirming the purchase was entered into the Land Transfer Register. 219 In April 1917, H.T. Mitchell surveyed the Kuhawaea No.2A and No.2B blocks, and by September 1918 the survey cost for the Kuhawaea No.2 block totaling £117.19.4 plus interest had been fully paid off.220 It is likely that the survey was paid for with the money that Troutbeck had advanced to the Board for the purchase of the block. On 11 December 1918, the solicitor for the Troutbecks, G. Urquart, wrote to the Board saying that he had received the transfer of title with a requisition of the District Land Registrar requiring the area to be increased from 516 acres to 522 acres 2 roods and 17 perches. He asked that the Board make this amendment to its record, which it did. 221

A final list of sellers names has not been located and it is possible that not all the owners of Kuhawaea No.2B sold their interests in the land. The Rotorua Maori Land Court holds records concerning the Maori owners of the Kuhawaea No.2B block and

217 Partition order and Schedule for Kuhawaea No.2B, Kuhawaea Block Order File 188, RMLC, (Document Bank, docs C70-C71). The spellings are as given in the documents. 218 Kuhawaea Block Order File 188, RMLC, (Document Bank, doc C68). 219 Kuhawaea No.2B block, Hamilton Land Registry Provincial Register 127/8, (Wai 212 record of documents, doc C3b), pp V187-V191. 220 The Chief Surveyor of the Department of Lands and Survey submitted a notice of release of lien for Kuhawaea No.2B to the Waiariki Maori Land Court, Rotorua, on 24 September 1918, Kuhawaea Block Order File 188, RMLC, (Document Bank, doc C63).

65 their successors that continues to 1941, which shows that some of the original owners retained their interests in the land long after the sale to Troutbeck.222

Hou te Marunui, Rakapa Ngawini, and Taunoa Ngaumu were listed as the owners of the Kuhawaea No.2A block (70 acres 3 roods and 23 perches), and held 10 shares each.223 H.T. Mitchell surveyed the block at a cost of£9.19.7 plus interest, which was paid off on 7 March 1918.224 On 25 August 1921, the Waiariki District Maori Land Board approved the sale of the interests of the owners of 2/3rds of the Kuhawaea No.2A block to D.M. Troutbeck for £250. The sellers names were listed as follows: Maraea Marunui, Maria Marunui, Te Awhi Marunui,Pipi Marunui, Matirita Marunui, Te Arani Marunui, Te Huatahi Pona, Henare Pona, Tariu Pona, Pona Pona, and Rakapa Ngawini.225 On 22 November 1922, the Board approved the sale of the remaining 1I3rd of the block to Troutbeck for £110. The sellers of this portion were listed as Te Nohi Taunoa, Maata Taunoa, and Mohiti Taunoa.226 The purchase of the Kuhawaea No.2A block was confirmed and entered into the Land Transfer Register in February 1923.227 The Troutbeck family now owned the Kuhawaea No.1 block, Kuhawaea No.2A block, and most of the Kuhawaea No.2B block. The whole area now became known as the Galatea station, or Galatea Estate.

In 1919, the Chairman of the Land Purchase Board, ID. Ritchie, began to consider purchasing Galatea Station for soldier settlement. Ewan Troutbeck, however, did not wish to sell. It was not until 18 July 1930, that Troutbeck, through his agents the Guardian Trust and Executors Company of Napier, finally offered to sell to the Crown for a price of £7 per acre. Negotiations were completed in January 1931, after Troutbeck accepted the Crown's offer of £100,000 (a third less than the asking price). The Crown took possession of the estate in March 1932.228

221 BAJJ A73-42/1913178, (Document Bank, docA43). 222 Kuhawaea Block Order File 188, RMLC, (Document Bank, docs C49-C61). 223 Kuhawaea Block Order File 188, RMLC, (Document Bank, docs C82-C83). 224 Kuhawaea Block Order File 188, RMLC, (Document Bank, doc C81). 225 Kuhawaea Block Order File 188, RMLC, (Document Bank, doc C78). 226 Kuhawaea Block Order File 188, RMLC. (Document Bank, doc C75). 227 Kuhawaea Block No.2A, Hamilton Land Registry Provincial Register 167/l37, (Wai 212 record of documents, doc C3b), pp V183-V186. 228 See Certificates of Title, (Document Bank, docs D8-DI0). See 'Galatea 'Where on earth is it?" , pp 6-7. See also Coates, p 37.

66 1.18 The Galatea Estate Although the Crown now owned the land, the purchase of the Galatea Estate affected N gati Manawa who still lived in nearby areas, by restricting their access to traditional resources. In June 1933, Miira Te Tomo wrote to Apirana Ngata, the Minister of Native Affairs, on behalf of Ngati Manawa. He requested permission to go through the Galatea estate to their traditional pig hunting grounds near the Horomanga stream.229 Ngata forwarded the petition to the Minister of Lands, E. Ransom, who commented that:

The necessity for the Natives to have access to what to them is evidently a very important food source is fully appreciated, but on the other hand the interests of the Department must be conserved by ensuring that the Estate is not allowed to suffer through promiscuous ranging or uncontrolled traffic.230

When Kuhawaea had been under the ownership of the Troutbeck family, Ngati Manawa had been able to travel freely across Kuhawaea to reach seasonal hunting grounds. It was only after the Crown took possession of the land that they were restricted in these traditional practices. Access was eventually permitted on condition that permits be obtained from the station manager, Mr. Jolly.231 Another petition concerning access across Kuhawaea was sent to the Native Minister in 1934 by Te Hira Tangohau, Riripeti Natana and others. They said that the Government had closed the No.2 road at Kuhawaea and that they needed the road to be reopened to gain access to their land at Ngawhakahiwawa at Horomanga. Te Hira Tangohau stated 'this road has been a communal one from the times of our ancestors, elders and parents, even to the present day time. ,232 Te Hira Tangohau was advised that there would be no problem with access as long as he obtained permits from the station manager at Galatea.233

229 Te Torno to Ngata, 17 June 1933, LS 1 211149/995. 230 Ransom to Ngata, 'Galatea Estate, 1933', LS 1 211149/995. 231 Coates, pp 44. 232 Te Rira Tangohau and others to A. Ngata, Native Minister, 23 January 1934, MA 1 22/1161.

67 The government set up an experimental dairy farm at Galatea in 1932-1933. The farm was soon milking 35 cows, and carting cream out to the factory. With its dairying potential proven, ten sharemilkers were appointed to take over the first farms at Galatea on 2 May 1935. On 1 March 1937, the Crown offered 22 sections of the Galatea Estate for selection on renewable lease for settlement and dairy farming. 234 In 1941, the Galatea Estate came under the control of Land Development Branch of the Lands and Survey Department. With the end of World War Two, ex-servicemen were given the chance to become sharemilkers, and ballots for Galatea sections were held from 1945 onwards.235 The last ballot for sections was held in June 1958.236

In December 1936, some of the remaining Ngati Manawa lands in other areas were included in the Ngati Manawa Development Scheme.237 A memorandum from the Registrar of the Rotorua Native Land Court in April 1937, notes that subdivisions of Kuhawaea were included the scheme.238 However, no other records stating that parts of Kuhawaea were in the scheme have been located, and this is likely to have been a mistake.

1.19 The Rangitaiki and Whirinaki Rivers The Rangitaiki and Whirinaki rivers shifted in their courses between 1892 and 1907, and the changes affected the riverside boundaries of the Kuhawaea and Karamuramu blocks. Land that had originally been in the Kuhawaea block on the eastern bank was now on the western Karamuramu side, and vice versa. The Crown had assumed ownership of the banks of both sides of the river by 1932, and in 1962 it was able to revoke the reservation on the Karamuramu lands that had ended up on the eastern side, and added the land to the Galatea farm block.239

233 Minister of Lands to Native Minister, 13 September 1933, MA 1 22/1/61. 234 LS 1 21/320/9. 235 Coates, pp 49-50. 236 Coates, p 55. The AJHRs contain reports on the settlement and development of Galatea, and there are also many files on this topic held at Wellington National Archives. 237 See the Ika Whenua Rivers Report, pp 34-35, for more on the Ngati Manawa development scheme. 238 Extract from report on Waiariki Consolidation Schemes accompanying memorandum dated 7 April 1937, from the Registrar, Native Land Court Rotorua, MA 1 29/4110. 239 Director General of Lands to Minister of Lands, 24 July 1962, LS 7/652, in (Wai 212, record of documents, doc C3b), pp V144-146. New Zealand Gazette 1962, p 1247.

68 The ownership of the Rangitaiki and Whirinaki rivers themselves has been contested by hapu and the Crown. Te Ika Whenua claimants assert that the rivers were not automatically included in the sales of the surrounding lands at the time of purchase, while the Crown contends that they were. The Waitangi Tribunal has completed its investigation into this claim and has published its findings in the Ika Whenua Rivers Report 1998. It states that 'Clearly, the customary and Treaty rights of rangatira and hapu and tangata katoa (all the people) of Te Ika Whenua are part of their tino rangatiratanga and are in conflict with Crown assertions on the ownership of rivers by virtue of statute or common law' ?40

Though the rivers and the land are all in one rohe and under the tino rangatiratanga of the hapu, we cannot accept, in the absence of any firm evidence, the Crown's argument that where riparian lands were sold such sales

automatically included rivers to the middle line' .241

Our finding is that the loss of tino rangatiratanga over the rivers by the claimant hapu was primarily brought about by the loss of customary and Treaty rights to those rivers through the application of the ad medium filum rule, a principle of law about which the vendors of the various riparian lands had no knowledge. This constituted a breach of the article 2 guarantees in the Treaty and the Treaty principle of active protection. Thehapu of Te Ika Whenua did not knowingly and voluntarily relinquish tino rangatiratanga over

their rivers, which were and still are taonga. ,242

This investigation by the Waitangi Tribunal of the ownership issues relating to the rivers has meant that the Kuhawaea report has been able to focus solely on the alienation of the Kuhawaea lands bordering the rivers. It has therefore saved unnecessary duplication of research.

240 Ika Whenua Rivers Report, p 86. 241 Ika Whenua Rivers Report, pp 94-95. 242 Ika Whenua Rivers Report, p 101.

69 1.20 Conclusion T e Marangaranga were the earliest inhabitants of Kuhawaea. They were displaced by Ngati Manawa, who then engaged in battles with Tuhoe, Te Arawa and other neighbouring hapu for control of the area. Hapu of the Rangitaiki River valley moved around to take advantage of seasonal food resources, and also changed settlements as a result of warfare. Ngati Manawa had permanent settlements in Kuhawaea and nearby areas that they consistently reoccupied, and Ngati Apa became so closely related to these people that they shared similar rights within Kuhawaea. Patuheuheu and N gati Haka also occupied settlements in parts of Kuhawaea, but they seem to have moved into the district well after Ngati Manawa and Ngati Apa. From the early 1800s, Tuhoe maintained an attitude of 'overlordship' over Ngati Manawa and over the lands at Whirinaki and Kuhawaea, though the Native Land Court did not agree that this gave them any permanent ownership rights to the land. The Rangitaiki boundary conflicts between Tuhoe, Ngati Manawa, and Te Arawa have continued well into this century, and the contention is such that it is likely that no definite divisions can be made between the iwi that will satisfy all parties concerned.

The Crown's military campaign in the 1860s caused friction between the hapu residing in Kuhawaea. Opposing allegiances. meant that Ngati Manawa and Te Arawa chose to fight along side the Government, and against Tuhoe and most of Patuheuheu and N gati Haka. The battles between them were fought on the Kuhawaea plain (and elsewhere), and the area remained strategically important for the government forces and Maori because the kuaha to Te Urewera was located on the eastern boundary of the block. The wars interrupted economic development in the area and in the following decades, no significant development by Maori took place within Kuhawaea. The Rangitaiki-based hapu also suffered though a series of natural disasters that further retarded their economy.

The Government land purchase policies of the 1870s were aimed at acquiring Maori lands as quickly as possible for a minimal cost. J.A. Wilson, the government land purchase agent who negotiated for the purchase of Kuhawaea in 1874, did so without the consent of all the N gati Manawa owners, although this becaIlle somewhat

70 irrelevant once the Crown relinquished negotiations in 1882. While Ngati Manawa were the main hapu involved in the leasing and purchases in Kuhawaea in the 1870s, there were several groups making deals with both the Crown and private purchasers. Some Patuheuheu were also involved in the leases, but the situation was particularly complicated for them because their iwi did not approve of leasing or selling land, most especially to the Crown. The Ngati Manawa acceptance of the Government's authority, and the willingness of some of Ngati Manawa to lease or sell land, divided them further from Tuhoe in a political sense. Tuhoe rejected most forms of Government authority and remained staunchly opposed to selling or leasing within Te Urewera for decades. This was more than likely a factor in Mair and Wilson's inclination to deal only with Ngati Manawa and their close relatives. However, as we have seen, a settler named Hutton Troutbeck was able to effect a lease for Kuhawaea in 1874 (though he may well have been leasing parts of the block as early as 1869). It seems he leased the land from both N gati Manawa and Patuheuheu, and some of the lease money appears to have been distributed to Ngati Apa and Ngati Hape owners Gudging by the Native Land Court minutes regarding Kuhawaea).

N gati Manawa were divided over the issue of surveying Kuhawaea, since after land was surveyed, it was inevitably sold, and some of N gati Manawa wished to retain Kuhawaea as a reserve for their occupation and cultivation. The land was eventually surveyed, and brought before the Native Land Court in 1882. The Native Land Court awarded the title of the Kuhawaea No.1 and No.2 blocks to Ngati Manawa and Ngati Apa. Wi Patene Tarahanga and Mehaka Tokopounamu of Patuheuheu were also inserted on the ownership lists for Kuhawaea No 1, as per an agreement with Ngati Manawa, even though they had not appeared in Court to prosecute a claim to the land. Possibly, this was because they knew an appearance in Court would upset their Tuhoe whanaunga. The Kuhawaea No.1 block was subsequently sold to Hutton Troutbeck in 1884.

Whatever the reasons, not all interested parties were represented at the Native Land Court hearings, which raises the question of the wrongful recording of title to Kuhawaea. Tuhoe, Ngati Rangitihi and, later, Patuheuheu appealed the Court's

71 ------,--,--.:--1 I

decision but the Court refused to rehear the case. The refusal to rehear the case was later determined to have been illegal by the Chief Judge of the Native Land Court, and a Patuheuheu petition on the matter was referred to the Urewera Commission in 1899.

Wi Patene' s petition stated that all of Patuheuheu were to have been inserted on the ownership lists for the block and he also asked for compensation because of the illegal dismissal of the Patuheuheu application for rehearing. Unfortunately, the final judgment made by the Commission on the rights of Patuheuheu has not been found, though it would have no difference to the ownership of the Kuhawaea No.1 block which had already been sold. The issue does not seem to have been resolved by this hearing however, since the rights of Patuheuheu·within the Kuhawaea blocks were still an issue during the hearings of the 2nd Urewera Commission in 1907. It would be necessary to investigate whether Patuheuheu received the compensation that they had asked for, though the author can find no suggestion that compensation was granted.

The alienation of the Kuhawaea No.2 block to private purchasers was negotiated through the Waiariki District Maori Land Board. As noted earlier, some Ngati Manawa owners had written to the Native Land Court in 1883 to complain of the fact that Kuhawaea No 2 block had not been made inalienable, though the presiding Judge of the case denied any request to this effect had in fact been made. The Maori owners of the Kuhawaea No 2 block were divided over selling the block. In 1915, the Kuhawaea No.2 block was partitioned into the Kuhawaea No.2A and No.2B blocks to separate out the interests of the sellers from the non-sellers. In 1918; the Kuhawaea No.2B block (522 acres 2 roods 17 perches) was sold to the Troutbecks, although there is evidence that small shares may have been retained by the owners. In 1923, the Troutbecks also purchased the Kuhawaea No.2A block (70 acres 3 roods 23 perches).

In 1932, the Crown acquired the whole of the Galatea Estate, as Kuhawaea had become known, and turned much of the land into small farms, eventually opening the area for soldier settlement. Ngati Manawa had previously been able to move across Kuhawaea to get to food resources, but after the Crown acquired the land, their rights to use the resources of the land were restricted.

72 The claims to the Rangitaiki and Whirinaki rivers by hapu of the Ika Whenua area have been upheld by the Waitangi Tribunal. It found that ownership of the rivers was not included in the land sales to the Crown, and that the loss of rights to these rivers was a breach of article 2 of the Treaty ofWaitangi.

In conclusion then, the Native Land Court did not deal comprehensively with the boundary and ownership issues regarding Kuhawaea which continue to be matters of contention. The troubled relationship that Tuhoe had with the Crown and with Ngati Manawa is probably deserving of attention-in this historical context. It appears that not all of those owners with alleged interests in Kuhawaea appeared in Court to defend those interests, and so the Court may have wrongfully recorded the title to the block. Patuheuheu allege that all of their hapu names were to have been inserted on the ownership lists for the block by Ngati Manawa, but in the event, only two Patuheuheu names were inserted on the list. The Native Land Court judgement on the title to Kuhawaea inspired several hapu and iwi to make applications for rehearing of the case, but these applications were illegally dismissed by Judge Puckey. Further, the desire of some Ngati Manawa to reserve sections ofKuhawaea for their descendants was not adequately protected by the Crown, or the Waiariki District Maori Land Board. As a result, only miniscule sections, if any, remain to the original owners.

This report would benefit from the inclusion of oral history from claimants to balance out the evidence taken from official records, which by their very nature focus mainly on the Crown's perception of events. Oral evidence and private records could help to fill in the gaps where official records have failed to fully capture events, and to explain where relevant whakapapa connections have influenced the actions of the original owners and claimants. Contemporary claimants will have their own interpretation of the alienation history of Kuhawaea, and it is hoped that this report will be used as a research tool in conjunction with their efforts.

73 Bibliography

Official Published

Appendices to the Journals of the House of Representatives (AJHR)

New Zealand Government Gazette (NZ Government Gazette)

Primary Sources

Alexander Turnbull Library, Wellington qMS-0490 qMS-1230 MS-92-8 MS-1844 MS-Copy-0535-26, Folder 89 MS-Copy-Micro-495 MS-Papers-148

Auckland National Archives

BAJJ A73-13575 BAJJ A73-4211913/78

Rotorua Maori Land Court

Kuhawaea Block Order File 188 Kuhawaea Correspondence, Closed File Series 47

Wellington National Archives

Lands and Survey Department Files (LS) LS 1 211149/995 LS 1 21/320/9

Maori Affairs Files (MA) MA 1 22/1/61 MA 129/4/10 MA 1 189211219 MA 1 1908/370

Maori Affairs - Maori Land Purchase Files (MA-MLP)

74 MA-MLP 1 1874/227 MA-MLP 1 1874/500 MA-MLP 1 1879/345 MA-MLP 18811200

Opotiki Minute Book No.1

Urewera Minute Book No.1 (Urewera Minute Book No.3 on Microfilm copy)

Whakatane Minute Book No.2

Whakatane Minute Book No.3

Secondary Sources

Ballara, A., Iwi: The Dynamics o/Maori Tribal Organisation from c.1769-c.1945, Wellington, Victoria University Press, 1998.

Best, Elsdon, Tuhoe: Children o/the Mist, voLl [1925]. Wellington, A.H. & A.W. Reed, 1973.

Binney, J., Redemption Songs: A Life ofTe Kooti Arikirangi Te Turuki, Auckland, Auckland University Press with Bridget Williams Books, 1995.

Bird, H.T., Te Kuranui 0 Ngati Manawa, 1980, (Wai 212 record of documents, doc B4c3), unpublished.

Coates, A.A., 'The Galatea Story', Whakatane and District Historical Review, 1980.

Cowan, J., The New Zealand Wars: A History o/the Maori Campaigns and the Pioneering Period, Volume II: The Hauhau Wars, 1864-72, [1922] Wellington, P.D. Hasselberg, Gov. Printer, 1983.

Galatea Settlers Reunion Committee, 'Galatea 'Where on Earth is it?", 1980.

Holmes, D. and G., 'Galatea School: Golden Jubilee 1935-1985', Whakatane and District Historical Society, 1986.

Hunt, Dave, Horomanga Wash Management Plan, Bay of Plenty Conservancy, [Department of Conservation], Rotorua, February 1991.

Oliver, S., 'Kereopa Te Rau', in W.H. Oliver, (ed), The Dictionary o/New Zealand Biography, Volume One, 1769-1869, Wellington, Allen & Unwin and the Department of Internal Affairs, 1990.

Stafford, D.M., Te Arawa: A History ofthe Arawa People [1967], Auckland, Reed Books, 1991.

75 Stokes, Milroy, and Melbourne, Te Urewera Nga Iwi Te Whenua Te Ngahere People, Land and Forests ofTe Urewera, University ofWaikato, Hamilton, 1986.

Ward, A., A Show ofJustice: Racial 'Amalgamation' in Nineteenth Century New Zealand, [1974], Auckland, Auckland University Press, 1995.

Reports

Alexander, D., 'Native Land Court Orders and Crown Purchases', Crown Law Report, 199? , (Wai 46 record of documents, doc C22-C22c)

Loveridge, D., 'Maori Land Councils and Maori Land Boards: A Historical Overview, 1900 to 1952', Waitangi Tribunal Rangahaua Whanui Series, December 1996 First Release.

Martin, H, 'Harris Martin Report', (Wai 46 record of documents, doc I2d).

Riseborough, H., and J. Hutton, Rangahaua Whanui National Theme C, 'The Crown's Engagement with Customary Tenure in the Nineteenth Century', Waitangi Tribunal Rangahaua Whanui Series, July 1997 First Release, p 58.

Rose, K., 'The Bait and the Hook: Crown Purchasing in Taupo and the Central Bay of Plenty in the 1870s', Wellington, Crown Forestry Rental Trust, July 1997.

'Te Ika Whenua Rivers Report', Wai 212 Waitangi Tribunal Report 1998, GP Publications.

Te Runanganui 0 Te Ika Whenua, 'Nga Awa me Nga Iwi 0 Te Ika Whenua­ Timeline', (Wai 212 record of documents, doc B9).

Te Runanganui 0 Te Ika Whenua, 'The History of Kaingaroa No.1: The Crown and the People ofNgati Manawa', (Wai 212 record of documents, doc B2).

Theses

Spring-Rice, Wynne, The History and Archaeology of Fort Galatea, Bay of Plenty, New Zealand, 1869-1969, MA Anthropology, University of Auckland, 1983.

76 ------L_ ---'- ______.., ______

WAITANGI TRIBUNAL

CONCERNING the Treaty of Waitangi Act 1975

AND CONCERNING Wai 726, Wai 212(g), Wai 36

DIRECTION COMMISSIONING RESEARCH

1. Pursuant to clause 5A(1) of the second schedule of the Treaty of Waitangi Act 1975, the Tribunal commissions Nicola Bright of Wellington to research and write an alienation history of the Kuhawaea block, situated in the eastern Bay of PlentylUrewera district. This report should canvass the following matters:

A. Identification ofhapu and iwi associated with Kuhawaea; their customary use and occupation of the land. B. An outline of the general political context, following the New Zealand Wars, in which dealings and activities concerning the block took place in the 1870s and 1880s C. Crown and private leases of Kuhawaea in the period circa 1872-1884 D. Title investigation of Kuhawaea block by the Native Land Court in 1882, subsequent requests for rehearing, and the partitioning of the block by the Court in 1882 and 1915 E. The circumstances surrounding the private purchase of Kuhawaea No 1 block in 1884, and the purchase of Kuhawaea 2A and 2B blocks in the period 1916-1923 F. Any Crown investigation of the matters raised in the 1897 petition of Wi Patene Tarahanga and 45 others concerning the Kuhawaea block. This should include a discussion of any findings or recommendations of the Urewera Commission, which addressed the matter of Wi Patene' s petition in 1899.

2. This commission will commence on Monday, 7 September 1998 and will end on Friday 13 November 1998.

3. The Registrar is to send copies of this direction to:

Nicola Bright Anita Miles, and Tata Lawton, of the Waitangi Tribunal Claimants/Counsel for: Wai 36 Tuhoe Lands claim Wai 46 Ngati Awa claim Wai 66 Te Whaiti 1 and 2 Blocks claim Wai 212 Ika Whenua Lands and Waterways claim Wai 247 Waiohau C26-Metal Extraction Claim Wai 248 Omataroa-Rangitaiki- Metal Extraction Claim Wai 509 Urewera Consolidation Claim Wai 560 Waiohau IB Block and Te Houhi Village claim Wai 725 Te Pahou Blocks, Te Whaiti claim Wai 726 Ngati Haka and Patuheuheu Lands, Forests and Resources claim Crown Law Office Office of Treaty Settlements Maori Land Information Office Land Information New Zealand Crown Forestry Rental Trust Whakatane District Council Bay of Plenty Regional Council

Dated at Wellington this day of August 1998

Chief Judge E T J Durie Chairperson W AITANGI TRIBUNAL