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A History of the Waiohau Blocks

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A History of the Waiohau Blocks WAI894 # A26 A History of the Waiohau Blocks A Report Commissioned by the Waitangi Tribunal Bernadette Arapere June 2002 Table of Contents Introduction i.i The Research Commission 3 Lii Claims Relating to Waiohau 7 Chapter One Waiohau: The Land and the People 1.1 The Land 11 1.2 The People 13 1.2.1 Ngati Haka and Patuheuheu of Tuhoe 14 1.2.2 Ngati Pukeko 16 1.2.3 Other Hapu and Iwi 18 Chapter Two Leasing, Surveying and Title Investigation 2.1 Tuhoe and Land Leasing in the Rangitaiki Valley 20 2.2 Survey of Waiohau 25 2.3 Title Investigation of Waiohau 27 2.4 The Outcome of the Native Land Court's Decision 33 Chapter Three Partition, Fraud and Alienation 3.1 Waiohau 1 Block: Subdivision and Fraud 39 3.1.1 Compensation for Waiohau 1 B 44 3.1.2 Partition of Waiohau 1A 53 3.2 The Sale of Waiohau 2 55 Chapter Four Land Sale, Consolidation and Development 4.1 Purchases of Individual Interests 62 4.2 The Ruatoki-Waiohau Consolidation and Development Schemes 64 4.2.1 Crown Awards 73 4.3 The Development Scheme 74 4.4 Te Manawa 0 Tuhoe 79 4.5 Legal Access to Te Manawa 0 Tuhoe Lands 79 Conclusions 83 2 Bibliography 87 Appendices Appendix 1 Map of Waiohau 1 and 2 blocks, 24 July 1878, ML 4206, LlNZ. Appendix 2 Certificate of title, Waiohau 1. Appendix 3 Certificate of title, Waiohau 2. Appendix 4 Map, Waiohau and Te Teko Series, Ruatoki Consolidation Scheme, ML 15736. Appendix 5 Location map, Te Urewera (A Miles, 'Te Urewera', Rangahaua Whanui Report, 1999, p xx) 3 Introduction Tena Koutou Ko Ruahine te maunga Ko Rangitikei te awa Ko Ngati Raukawa ki te tonga, ko Ngati Tuwharetoa, ko Ngati Maniapoto nga iwi Ko Ngati Pikiahuwaewae te hapu No reira, tena koutou katoa My name is Bernadette Arapere. I am a contract researcher based in Auckland. I am a partner of Te Uira Associates, a private Maori research company. In February 1999 I completed a Master of Arts (Hons) degree in history at Auckland University. I have been employed as an Analyst: Policy/Negotiations at the Office of Treaty Settlements (1999-2000) and a Research Officer at the Waitangi Tribunal (2000-2002). I have researched and written reports for the Gisborne, Wairarapa and Urewera district inquiries. i.i The Research Commission In 1999 the Waitangi Tribunal commissioned Wayne Taitoko, a Research Officer at the Tribunal, to write and research a report concerning the Waiohau block. Taitoko subsequently moved to a new job within the Waitangi Tribunal but completed a scoping report and much of the research for the main report. Anita Miles, the Claim Facilitator for the Urewera Inquiry and Report Supervisor for Waiohau until March 2002, also did research for the main report. The research had largely been completed when I took over the Waiohau report. My work on the Waiohau report began in December 2001 while I was a full-time employee at the Waitangi Tribunal. I left the Tribunal in mid February 2002 and I 4 worked part-time on contract in March and April 2002 writing the report. I collated and assessed the material already collected and produced an inventory in order to identify gaps in the research. I completed a small amount of gap-filling research but my job has largely been one of analysis and writing. I have been fortunate to have had access to completed block reports for the blocks surrounding Waiohau . I note, in particular, Nicola Bright's report on Kuhawaea, Peter Clayworth's report on Tuararangaia and Steven Oliver's report on Ruatoki. My thanks go to these researchers and to Wayne Taitoko, Anita Miles and John Hutton. I met with claimant representatives from Wai 36 (Tama Nikora) and Wai 819 (Wiparaki Allen Pakau) while writing the report. I received written comments on the draft report from the Wai 36 claimants. I did not meet with the Wai 726 claimant (Robert Pouwhare) but he agreed to provide me with written comments on the draft report. Given that the commission has now concluded I will consider written comments from the Wai 726 claimants if I am called to present the report as evidence at a Waitangi Tribunal hearing. I am very thankful for the insights and information the claimants gave me. However, it should be noted that this report is not written from any particular claimant group's perspective and is not a comprehensive history of the Waiohau block. Rather the report is an independent account of customary interests, as well as, title investigation, land alienation and Crown actions or omissions relating to those processes. The report was commissioned by the Waitangi Tribunal as one of a series of block histories compiled for the Urewera district inqu iry casebook. The report was commissioned to address the following issues: a) A brief summary of customary relationships in the Waiohau area, prior to title investigation of the Waiohau block by the Native Land Court; 5 b) information concerning any leasing of Waiohau lands prior to title investigation; c) the survey of the Waiohau block, identifying at whose initiative and with whose consent the survey took place; d) a synopsis of the Native Land Court investigation of the Waiohau block and an analysis of the outcome; e) the alienation of the Waiohau No 2 block; f) the compensation deal offered to owners of the Waiohau 1 B block by the Crown; g) the Crown purchasing of individual interests in the Waiohau block; h) the identification of private purchases of Waiohau lands; i) the Ruatoki-Waiohau consolidation scheme; and j) issues of legal road access to Waiohau blocks. Waiohau is located inland from the eastern Bay of Plenty. The western boundary of the block is the Rangitaiki River. The block is bounded to the north by the Tuararangaia block and to the south by the Kuhawaea block. These blocks, together with lands at Matahina and Kaingaroa, form the north-western borderlands of the Urewera area. The Rangitaiki River valley encompassed an important gateway into the Urewera district, a circumstance that was to have considerable impact on relationships between local Maori and the Crown from the wars of the 1860s. The Native Land Court investigated title to Waiohau in July 1878. Title was awarded predominantly to individuals of Ngati Haka and Patuheuheu of Tuhoe and partly to Ngati Pukeko. There were several applications to the Native Land Court from Tuhoe for a re-hearing but none of them were granted. Waiohau was subdivided into two blocks after title investigation: Waiohau 1 and Waiohau 2. Each part of the original Waiohau block has its own very different history. 6 Waiohau 1 was awarded to approximately 150 individuals of Ngati Haka, Patuheuheu, Tuhoe and Ngati Manawa. In 1886 Waiohau 1 block was partitioned into two parts, Waiohau 1A and Waiohau 1 B. Waiohau 1B was transferred immediately thereafter to a Pakeha, Harry Burt, through a fraudulent purchase involving the Ngati Manawa owners. Appeals to the government and the courts over the legality of this purchase consumed Ngati Haka and Patuheuheu, in particular, and Tuhoe, generally, for over 40 years. In July 1905 the Supreme Court held that the sale of Waiohau 1B had been unjust and obtained by fraud. However, the judgement also held that the freehold title remained valid. Negotiations for compensation between the Crown and the origin?-I owners took many years to reach a conclusion. Even then questions remained as to the usefulness and adequacy of the compensation that the original owners of the block received . Waiohau 1A became embroiled in the Ruatoki-Waiohau consolidation scheme and land was alienated from the original owners via this scheme and purchases of individual interests in the land. The Tuhoe Waikaremoana Trust Board currently manages land remaining in Tuhoe ownership after the Ruatoki-Waiohau consolidation and development scheme was concluded. This land is known as Te Manawa 0 Tuhoe. Waiohau 2, an area of 1,100 acres, was awarded to 81 individuals of Ngati Pukeko (and some Ngai Tai and Ngati Whare chiefs) after title investigation in 1878. There is little recorded information about Ngati Pukeko's use of the land and whether or not they resided on Waiohau 2 after title was awarded to them. The descendants of the original owners did succeed to the land and in 1913 negotiations for sale of Waiohau 2 began. Various Pakeha applied to the Waiariki District Maori Land Board for meetings to ascertain ownership of Waiohau 2 in order to advance alienation. After five years of negotiations Waiohau 2 was sold to a Pakeha farmer in 1917. 7 This report begins with a brief overview of customary interests at Waiohau. It provides a synopsis of the Native Land Court investigation of title. It discusses the outcome of title investigation and events after the block was subdivided into Waiohau 1 and 2 blocks, and later, Waiohau 1A and 1B blocks. Crown purchases of individual interests in the block and the impact of the Ruatoki-Waiohau consolidation scheme are also examined in the report. Issues of legal road access to remaining Waiohau lands leads on from the impact of the consolidation scheme and remain a live issue for the current owners of Te Manawa 0 Tuhoe. Lii Claims relating to Waiohau The principal Waiohau claims lodged with the Waitangi Tribunal are Wai 36, Wai 726 and Wai 819. Wai 36 is a consolidated claim reg istered by Wharehuia Milroy and Tama Nikora on behalf of the Tuhoe tribe. The claim is managed by the Tuhoe-Waikaremoana Maori Trust Board.
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