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MAORI, THE CROWN AND THE NORTHERN WAIROA

DISTRICT - ATE ROROA PERSPECTIVE

Garry Hooker

MARCH 2000 I \ 1

LIST OF CONTENT PAGE

Introduction 2 (" Section 1 - Maori Origins and Traditional History 6

Section 2 - Modern Tribes of the Northern Wairoa 61

Section 3 - Te Kopuru/Aratapu Block 75

Section 4 - Tikinui Block 109

Section 5 - Pouto 2 Block 125

Section 6 - Tokatoka and Whakahara Blocks 137

Appendix 1 -Ngati Whiu/Ngati Kawa Whakapapa 161

Bibliography ·165

Endnotes 171

LIST OF ILLUSTRATIONS FACING

( Map of Muriwhenua to Maunganui Bluff migration trail 18

Map of Kaihu valley fighting by Haumoewarangi 23

Map of generalised Northern Wairoa tribal boundaries 66

Map of Parore's 1875 Northern Wairoa hegemony 69

Map of Northern Wairoa land blocks Pouto to Dargaville 70

Plan of Tinne's Kaihu estate 73

Ugar's 1842 sketch map of Te Kopuru block 88

1842 plan of Te Kopuru block boundaries 89

Reconstructed map of Te Kopuru block & the Makaka & Aratapu streams 90

1924 Official plan ofTe Kopuru block 95

Illustration of TOkatoka maunga 138 2

INTRODUCTION

My name is Garry Hooker. By descent I am a member of the Te Roroa tribe which customarily holds mana whenua over the coastal strip from Hokianga South Head (Arai-te-uru) to the Northern Wairoa river and over land on both banks of that river. Historically, Te Roroa has stood alone and from time to time affiliated to each of the Nga Puhi and Ngati Whatua tribal confederations. I currently act as secretary for Te Roroa and claim manager ofWAI 38. My earlier background was in the fields of investments and trusts.

Although I hold no formal qualifications in History, I have studied the oral histories, place names and whakapapa ofTai Tokerau for 30 years. Particularly, I have written for The Dictionary of New Zealand Biography, collaborated with the later A.W. Reed in his book Supplement to Place Names of New Zealand and undertaken Northern Wairoa research work for the Office of Treaty Settlements. In the Te Roroa claim WAI 38, where I was a claimant researcher and witness, I was acknowledged by the tribunal as Te Roroa's tribal historian.

This report is a response to directions of the Waitangi Tribunal for me to complete a historical report encompassing:

(a) A general Te Roroa perspective on Kaipara Maori traditional history and tribal relationships. (b) ATe Roroa response to evidence submitted in the tribunal's current Kaipara inquiry affecting Te Roroa customary and historic interests. (c) An analysis ofTe Roroa's customary interests at Te Kopuru/Aratapu and Tokatoka, and any relevant actions or inaction's of the Crown in respect thereto.

Although touching on other 19th century areas by way of explanatory background, this report focuses on relationships between Maori and the Crown and amongst Maori themselves in the Northern Wairoa or North Kaipara region. For the purposes of this report, that region is defined as the 3

Northern Wairoa catchment from Tangiteroria to Pouto, but excluding the Kaihu and Mangakahia valleys which customarily were regarded as separate areas. As remarked upon by Wright 1996:61, from Pouto northwards customarily was known as the Wairoa, rather than the Kaipara, region. With local body reorganisation the place name Kaipara - which originally applied to the area around Helensville - was extended into the Northern Wairoa district.

This report is divided into six sections viz:

1. Maori origins and traditional history. 2. Modern tribes of the Northern Wairoa district. 3. Te Kopuru/Aratapu block. 4. Tikinui block. 5. Pouto 2 block. 6. Tokatoka and Whakahara blocks.

It is accompanied by a whakapapa (Appendix 1) of the Ngati Whiu and Ngati Kawa hapus ofTe Roroa whose oral history is so bound up with the region.

The first section of this report briefly looks at the earliest known inhabitants of the Northern Wairoa and Hokianga districts i.e. the Ngai Tuputupuwhenua people and their successors Ngati Rangi. It is followed by an examination of traditional evidence relating to a probable mid 16th century land migration by tupuna of modern Kaipara tribes from Muriwhenua through Hokianga, Waipoua/Maunganui and Kaihu to South Kaipara - and the evolution of those tribes. That evidence, which indicates continuing processes of fusion and fission amongst the tribes, is fundamentally different to Pakeha concepts of groups such as Ngati Whatua tuturu as a static, monolithic entity, which has endured, unchanged for centuries.

In the second section I attempt to provide an introduction to the origins, areas of influence and inter-tribal relationships of the modern Northern Wairoa tribes. In so doing, I not only have had recourse to mid 19th century descriptions by tupuna as to the groups they recognised as tribes, but have 4 accepted those descriptions when whakapapa clearly indicates that members of those groups do not constitute a single genealogical descent ramage from an eponymous tupuna. On that basis I have had no difficulty in accepting groups such as Te Uri 0 Hau - comprising Te Uri 0 Hau tuturu (descended ( from Hakiputatomuri), Ngai Tahu (a remnant of Ngai Tahuhu descended from Tahuhu-nui-o-rangi), Ngati Kura (descended from Kuramangotini of Ngati Awa) , Ngati Tahinga (from the Raglan tupuna Tahinga) and others - as an iwi. In simple terms, my approach has been that if a group does not constitute a single genealogical descent ramage (e.g. whanau or hapu), it must be a tribe (iwi).

Although the second section relies upon a synthesis of evidence from various tribal sources, it does not pretend to be an exhaustive study of 19th century inter-tribal relationships, of which, no doubt, other witnesses will present evidence to this tribunal. In fact, all I have endeavoured to do is to provide snapshots of relationships at particular points of time.

The third section addresses the oral history of the Ngati Whiu and Ngati Kawa hapus ofTe Roroa respecting Te Kopuru block, the block's subsequent ( confiscation by the Crown and the history of later Ngati Whiu and Ngati Kawa protest. Despite exhaustive research, I have unearthed no documentary evidence as to a Te Uri 0 Hau customary interest in the land. Neither, prior to 1917, have I discovered any evidence of Te Uri 0 Hau protest over the loss of Te Kopuru block. My evidence and accompanying whakapapa (for which see Appendix 1 hereof) do not support Mr. Stirling's view, as earlier given in evidence to this tribunal, that Te Uri 0 Hau held mana whenua to Te Kopuru block.

The fourth section deals with the role of the Native Land Court, as a Crown agent, in defeating Ngati Whiu/Ngati Kawa customary interests in Tikinui block and in failing to protect Maori heritage e.g. the urupa Te Kuri 2 block, which was part of the original Tikinui block.

( 5

In the fifth section I focus upon evidence as to whether the Land Court hearing into relative beneficial interests of Pouto 2 block - which awarded non-resident owners such as Tiopira Kinaki of Te Roroa significantly reduced shareholdings, was a fair hearing.

The sixth, and final, section examines the Whakahara and Tokatoka block purchases by the Crown, adequacy of consideration, the absence of provision for reserves and the protection of cultural heritage and the failure of the Crown to facilitate rights of repurchase as requested by Maori, including Te Roroa. In an endeavour to present a comprehensive account of the complexities and interlocking nature of both transactions, it unfortunately has not been possible to avoid traversing certain evidence already provided by other witnesses.

This reports needs to be considered against the background provided by the research of Barry Rigby, Paul Hamer & Rose Daamen "Rangahaua Whanui District 1 Auckland" Report (1996); David Armstrong "Te Uri 0 Hau and the Crown 1860-1960' (WAI 271 A2); Bruce Stirling "The Lands ofTe Uri 0 Hau Te Wahapu 0 Kaipara" (WAI 271 A3-A5), Tony Walzl "Land Issues Within ( o the Otamatea Area 1839-1950" (WAI 674 A21); Moira Jackson "Desecration of Taonga by Andrea Reischek" (WA1674 A8) and Paul Thomas "The Crown and Maori in the Northern Wairoa 1840-1865" (1999) - all of which I have found to be most helpful.

I acknowledge, with thanks and gratitude, commentary by Dr. Barry Rigby on an earlier draft of this document and the latitude afforded me in terms of its completion. Although this report has been discussed with kaumatua and kuia, responsibility for its contents - and any errors of fact and interpretation - remains solely with the author. He Whakatauki

Te toto 0 te tangata, he kai,

Te oranga 0 te tangata, he whenua. Food supplies the blood of man, His welfare depends on the land. 6

SECTION 1

MAORI ORIGINS AND TRADITIONAL HISTORY

( 1.1 Ngai Tuputupuwhenua or Te Tini 0 Kui or Te Kekehu

As related by Paora Tuhaere and others: "My ancestor was Tumutumuwhenua. This man came from the interior of the earth. He was not of this world." 1

The autochthons Tuputupuwhenua, alias Tumutumuwhenua (literally, a sprout from the land) and his wife Hinekui undoubtedly are the earliest known ancestors associated with the Kaipara and Hokianga districts. The pair, whose descendants variously were referred to as Ngai Tuputupuwhenua or Te Tini 0 Kui or Te Kekehu are widely known throughout Polynesia and consequently probably need to be recognised as personifications of early forgotten tupuna rather than as actual people. 2

Known to both the Ngati Whatuaand Nga Puhi tribal confederations, ( Tuputupuwhenua is particularly associated with the Hokianga district during the lifetime of the tupuna Kupe.

According to Aperahama Taonui, "Kupe was the man who arrived in this land. He came to seek Tuputupuwhenua. He searched everywhere but could not find him in the south. He found him in Hokianga. Does Hokianga then belong to Kupe?"

"He Tuputupuwhenua lives underground with his wife Kui. When a person is asleep he will see Tuputupuwhenua appearing underground and the person who finds difficulty in sleeping will say, "The land will be deserted". The meaning of this phrase "a deserted land" is that the people will die in battle or by an epidemic. Now If a person decides to build a house he obtains a grass stalk, pulls it up and pushes It into the ground to feed a small insect. Should he catch a small insect with a ridged back that is Kui. That grass is very 7

sacred because it was offered to her to eat. She is the real indigenous person of this land".

( "Nukutawhiti came from overseas with his brother in law Ruanui. Mamari was their canoe, which met Kupe who told Nukutawhiti that Tuputupuwhenua was at Hokianga. When Nukutawhiti entered the harbour, Tuputupuwhenua

submerged and went underground". 3

At Hokianga the Tuputupuwhenua people and the newcomers soon came into conflict:

In the words of the well-known Te Rarawa chief Re Te Tai, "He (i.e. Nukutawhiti) and his people followed the shoreline to Te Pouahi where he built a whare called Te Pouahi. He went to seek for good things for a feast to commemorate the event So he began an incantation and a man arose from out of the ground. There were two of them, Tuputupuwhenua was one and Tuakainga, son of the first named. Nuku snared them with a noose catching Tuputupuwhenua. Tuakainga escaped. Tupu was decapitated and his body hung on a pole. Nuku began another incantation which has since been used

as the pihe, a death dirge". 4

Variant versions of the cause of the fighting between Ngai Tuputupuwhenua and NUkutawhiti's people involve the unauthorised taking of water by the newcomers from a lake near Whanui, North Hokianga.

An unknown author's account relates, ''Two men stayed at the mouth of the Hokianga, one woman one man, two children, one female, one male. They lived above where Niua lived. They stayed there and became thirsty. They told their children to go fetch some water for them. The children went, they came to the top of a sandhill and saw a lake. They said it was water. They did not know that one of Kupe's pets was at that lake and that it had grown into a taniwha. The male of the children went to dip into the water. Suddenly, he was swallowed by the sand. The child was lost beneath it. The girl ran away crying out as she went. These are the words of her cry: 8

"The enemy. The enemy".

The parents heard those words. The man said to the woman: ( "Where are the men? Kupe said that there were no men in this land". When the girl arrived she told that her brother was dead". 5

According to J.J. Fergusson ofWhirinaki, Hokianga, "Shortly after Nuku had located himself on the north bank of Hokianga he sent his youngest daughter Kekeoro to the well to fetch water and during the time she was lifting water she got treacherously murdered by the Tuputupuwhenua. Nuku went to see what had happened and to his surprise found his daughter dead and three tupus close by whom gave Nuku battle. Nuku killed one of them and the other two leaped into the lagoon and got away." 6

A further Nga Puhi story attributes Nukutawhiti's death to his bathing in the tapu water of the Tuputupuwhenua people:

" - and this grandson (Nukutawhiti) sailed away from this land to these islands where he found the people of Tuputupuwhenua who were the original possessors of these islands. These people had also been seen by Kupe at the Reinga".

"Nukutawhiti took up his abode on shore and his offspring took the daughters of Tuputupuwhenua to wife and these people became one people with the Nga Puhi and Nukutawhiti went and bathed in the sacred water where the Tuputupuwhenua bathed and he became a lunatic and he went and lived at Motuwhanawhana on the east side of the entrance to the Oriria, a back water of the Hokianga, and there he died". 7

Later, as related by H.M. Tawhai, Ngai Tuputupuwhenua were blamed by Nukutawhiti's great grandson Hikuiti for muddying the waters of the Hokianga harbour and were successfully fought against by Hikuiti. 8

As a corporate group, Ngai Tuputupuwhenua gradually retreated to their 9

heartland of South Hokianga where their principal kainga were Omapere, Waimamaku, Waipoua, Maunganui Bluff and Ripiro. At Waipoua Tuputupuwhenua is said to have grown from the ground. During the lifetimes of Rahiri's parents Ngai Tuputupuwhenua were displaced from Omapere and Waimamaku by Ngati Kahu, the descendants of Tumoana of the waka Tinana. It was then that Motuhuru, the yellow rock at Wairau, Waimamaku was adopted as a boundary mark between Ngati Kahu to the north and Ngai

Tuputupuwhenua to the south. 9

At Waipoua and Maunganui Bluff Ngai Tuputupuwhenua intermarried with the adjoining Ngati Rangi tribe, of mixed Ngai Tuputupuwhenua and Ngati Awa descent, from whom Te Roroa tribe and others descend. Rev Hauraki Paora, the Kaipara Wesleyan minister, spoke of the descendants of the tupuna Tuputupuwhenua (Tumutumuwhenua) as follows:

"All the children of these forefathers the Roroa tribe, the remainders and Tiopira Kinaki the head man ever live among them, now they come out in the

( roots of Rangiwhatuma, son of Ngaengae grandson of Tumutumuwhenua the great". 10

Ngai Tuputupuwhenua also occupied Ripiro, that kaimoana-rich area stretching from Maunganui Bluff in the north to Pouto in the south. They are said however to have been conquered at Pouto by Tangaroa and Te Iho-o-te­ rangi of the waka Takitumu. There Tangaroa made a sacrifice for his victory,

the place being named Moetarau which remains a wahitapu to this day. 11

1.2 Ngati Rangi

A great iwi of the Ngati Awa tribal confederation, Ngati Rangi or Ngai Te Rangi at one stage - although perhaps not contemporaneously - held extensive territories throughout Tai Tokerau. Some of those possessions presumably were derived from Ngai Tuputupuwhenua. They possessed the Kaihu valley, north of the Northern Wairoa district, and held land interests on both banks of the Northern Wairoa river extending to the Kaipara harbour. 10

They had mana whenua to Ounuwhao, north of Dargaville, to Tangowahine, Tangihua, Whatitiri, Whangarei, Kawakawa, Paihia, Kerikeri and the inland Bay of Islands district ofTaiamai. Additionally, they dwelt in the upper Mangakahia valley about Tautoro - in that fertile district traditionally known as

Hikurangi. 12

Noted particularly for their ancient, heavenly lineage and for their occult powers, Ngati Rangi are recorded by Hare Hongi (H M Stowell) as the uri of the eponymous tupuna Te Rangiheketini from Tautoro. Te Rangiheketini is given as an eleventh generation descendant of Tuputupuwhenua, said to be 33 generations removed from Hare HongL In other accounts however the eponymous tupuna of Ngati Rangi is named as Ranginui. 13

The tribe's attributes are acknowledged in the following whakatauki (sayings):

"Ko Ngati Rangi ko te angaanga tito iho I te rangi" - Ngati Rangi the head knot plumed from the very heavens. 14

"Ehara a Nga Puhi nui he purupuru, he taka, kapatau ko Ngati Rangi ko te titi, ko te aporei, ko te ata purupuru marie, ko te angaanga tito iho I te rangi" - Nga Puhi are of no account, they are caulking which will fall off. But Ngati Rangi is the adorned one, the principal, the safe and strong caulking, the head, which shines down from heaven. 15

"Ko te uri 0 Rangi e kore te mango e tunua ki te ahi" - In the presence of the descendants of Rangi shark should not be roasted, meaning that once the odour from the shark reached the nostrils of Ngati Rangi they would cause the shark roaster to die. 16

"Ko Ngati Rangi whakapaeahi" - Ngati Rangi reciters of Whakapaeahi karakia

(probably karakia in relation to the above whakatauki). 17

Notwithstanding suggestions that Ngati Awa ki Tai Tokerau originated in Whakatane or Taranaki, there seemingly is no reliable Tai Tokerau sourced 11

information connected with their origins. A general pattern of Ngati Awa migrations from the north into Kaipara however is indicated by Kaipara

tradition: 18 (

One tradition indicated by Hemi Parata of Te Uri 0 Hau was that, "When Ihenga" (of te waka Te Arawa) was at Pouto, Te Ati Awa were at Kaihu. They were the original inhabitants of Kaipara. They came from the north, so I have

heard, then continued south finally settling at Taranaki". 19

Another tradition related by Te Hemara Tauhia was that, "The Ngati Awa first lived up north, driven thence by Nga Puhi they came to Hauturu" (Little Barrier

Island). 20

Finally, according to Heta Paikea of Te Uri 0 Hau, "These lands" (Kaipara lands) "originally belonged to Ngati Awa". I heard from the elders that Ngati Awa were the people who had "tae wawe mai" (arrived here first). I cannot say that they were before the arrival of the canoes from Hawaiki. Nga Puhi raupatud those people - so also did Ngati Whatua. Other people raupatud them further south. They were cleared out of these parts by Nga Puhi and Ngati Whatua. I do not know the name of the rangatira of Nga Puhi. Tua was the rangatira of Ngati Whatua. The name Ngati Whatua is derived from him. He came by Takitumu canoe. I cannot say positively but I think Ngati Awa

were here before that canoe arrived". 21

A similar Hokianga to Kaihu to Kaipara migration pattern is suggested by Hokianga tradition, which also associates both Toi and his descendant Awanui with the Hokianga district. Additionally, a Ngati Awa migration pattern

from Kaitaia to Hokianga to Kaipara is documented in Te Aupouri tradition. 22

As Smith has recorded, at various times virtually the whole of Tai Tokerau was occupied by Ngati Awa. Although Smith speculated that Ngati Awa invaded Tai Tokerau from the central north island and remained in the northern region for only about 6 generations, the extent of the Ngati Awa occupation and the thousands of pa that people left behind them testify to a 12 far longer occupation. In fact, the totality ofTai Tokerau evidence, including the likelihood that all current Tai Tokerau iwi grew out of Ngati Awa, points to the latter as tangata whenua of Tai Tokerau. 23 (

1.3 Nga Heke ki Muriwhenua - The Migrations from Muriwhenua

Although traditions of probably a mid 16th century migration by the tupuna of Ngati Whatua and others from Muriwhenua to the Northern Kaipara or Wairoa district are well known, it is easy to overlook that that migration merely was the culmination of centuries of earlier contact between the two regions. Both regions had hosted the Tuputupuwhenua or Tini-o-Kui or Kekehu people and the Mahuhu-ki-te-rangi migrants, whose Hawaiki probably was the Te Kao/Parengarenga area.

Both regions had been linked, albeit briefly, by the southerly overland migrations of the Ngai Tamatea tupuna, Kahungunu and Tohe. 24

WHAKAPAPA1 ( Nga Uri 0 Tohe (Refer Te Roroa Report 1992 : 359)

Tohe (no Ngai Tamatea ki Muriwhenua) 1______1 1 1 1 Tikiwharawhara 2 Raninikura (w) 1 (Tupuna 0 Ngati Maanu ki Karetu, Bay of Islands)

1 Rerewa 1 1 ______- 1 1 1 1 Manumanu 1 Rangitauwawaro 1 1 1 1 1 1 1 TEROROAIWI 13

From the circumstance of the latter's proposed visit to his daughter Raninikura, the wife of Kauwhata of Ngati Rangi ki Ounuwhao north of Dargaville, we know that Ngati Rangi then were living in the Northern Wairoa district. On the basis of whakapapa, which suggests that Tohe lived three generations prior to the Nga Puhi tupuna Rahiri, it seems likely that Ngati Rangi, were in occupation of the Northern Wairoa district very early in the

16th century. 25

The overland migration out of Muriwhenua by the ancestors of Ngati Whatua and others, ostensibly to seek utu for the death of Taureka, is associated in Te Roroa tradition with the participating Ngai Tamatea brothers Manumanu 1 and Rangitauwawaro. The brothers, great grandsons of the tupuna Tohe, seemingly lived during the lifetime of the Nga Puhi tupuna Rahiri. At that period, through the expulsion of elements of Ngati Awa from Hokianga, Nga Puhi tupuna were actively engaged in creating a separate Nga Puhi identity

and hegemony for themselves. 26

( That the kaupapa of the migrating party was colonisation rather than revenge seems well established by tradition which refers to the ope as a huge army of many thousands - nga mano tini. It is said to have migrated down the Takahue valley into North Hokianga - fighting as it went. Skirting Lake Omapere, it conquered the Upper Waihou valley where it left behind a party of Ngati Miru people who eventually became tupuna of Tamati Waka Nene and Eru Patuone. At Taheke, Hokianga it secured an important strategic entry into South Hokianga by taking that land upon which it left a group of Ngai Tamatea people who in time became the ancestors of Tutaerua, the hotly­ pursued wife of Tupoto of Nga Puhi. At Whirinaki, Hokianga further fighting was broken off and a peace-making effected through the marriage of the Ngai Tamatea woman Tikaatarangi, Tohe's great granddaughter, to Rahiri's younger brother Maui. Eventually that couple became the grandparents (or great grandparents) of the far-famed Waimirirangi, whose mana and influence

were such that she often was referred to as the queen of Nga Puhi. 27

It is not until the taua reached Motutoa, Pakanae, South Hokianga however- 14 where it attacked the Panitehe pa of Rahiri's son Kaharau - that we learn more of the party's composition. According to land court evidence of Piri Teira (Billy Taylor) and Iraia Kuao of Nga Puhi, the party generally was a large taua ( composed of Ngati Awa, Ngai Tahu and Ngati Miru under the leadership of Numia. Unfortunately, it has not been possible to identify Numia in whakapapa. Hone Makarini from Whirinaki also refers to participation by other unnamed tribes under Numia and Manaia which, given the undoubted involvement of Ngai Tamatea and Nga Ririki peoples in the ope, seems likely. Although Smith states that the taua was composed of Te Rarawa, that tribe had not assumed that corporate identity at that time. 28

Notwithstanding that the Nga Puhi narratives dramatically relate that recently married Kaharau initially was more interested in dallying with his Ngai Tuputupuwhenua wives but eventually confronted and overthrew the war party, it is noteworthy that those same stories recount that shortly afterwards Kaharau - following the path of his kite Tuoronuku (the land demon) - abandoned Pakanae for Kaikohe. His migration seemingly recognised the presence of a new force in the South Hokianga area. 29 ( 15

WHAKAPAPA2 Descent of Kaharau's wives Kaiawhi and Houtaringa from Ngai Tuputupuwhenua Tumutumuwhenua 1 1 Ngaengae 1 1 Tarepo 1 1 Maearoa 1 ______1 1 Pepetaha Peperoto 1 1 1 1 Ruawheke Maruanuku 1 1 Oruaiwaho 1 ______- 1 1 Kaiawhi Houtaringa

"Kei Ngati Whatua tenei Te Roroa katoa e noho atu nei i roto 0 Hokianga a Te Roroa". (This is with Ngati Whatua and Te Roroa. All those who remained within Hokianga are ofTe Roroa.) 30

From Pakanae the taua moved on to Omapere, South Hokianga where, according to Rev Maori Marsden, the tangata whenua Ngati Kahu had retreated to Waimamaku. At the latter place Ngati Kahu, the perpetrators of the kohuru of Taureka, were defeated, their Wairau kainga falling into the hands of the taua. The Ngati Kahu remnant fled from Waimamaku to Whang ape and Herekino, triggering further dispossession:

"Our ancestors' place was originally Hokianga. A break up took place and Houmeaiti and his people went to the north, to Whang ape and Herekino. The Ngati Awa and other tribes were in possession of Herekino when Houmeaiti 16 went there. Houpure and Houmeaiti his brother, fought Ngati Awa, and drove them away and took possession of the land. Houpure got all the land north of

Ahipara. Houmeaiti got the land from Ahipara to Hokianga". 31 (

The following composite whakapapa from the papers ofWaka Te Huia, a contributor to White's Ancient History of the Maori, indicates that Houpure and Houmeaiti, famous tupuna amongst Te Rarawa, were contemporaries of Kaharau's father Rahiri:

( 17

WHAKAPAPA3 Houpure and Houmeaiti as contemporaries of Rahiri Waka : Tinana Waka : Ruakaramea Waka : Mamari Ngati Awa I Nga Puhi I I 1 1 I 1 Awa 1 1 1 I 1 I 1 Ruanui - a - Tane Awa I ___ 1_--: I 1 1 I 1 Moehuri Marotehuia Ruatapu Awanui I 1 1 1 1 1 I I Ureparaoa Pehiriri Papaarangi Rakeitapunui 1 1 I 1 1 1 I 1 Tumoana Tonga Whakatau Hawe Tamakitera 1 1 1 1 1 ~I-- 1 1 1 1 1 Kahutianui = Parata Tamahotu = Waiehu Tamarau Tokotu Puhimoanariki _____ 1 1 1 (NGA PUHI IWI) 1 1 I 1 Tamamoko = TeAute (w) Waiora Te Hau 1 1 1 1------11 1 1 I 1 Houpure Houmeaiti Whakaruru (w) = Rahiri 1 Kaharau 18

The taua rested at Waimamaku and then pushed on to Kawerua, that pretty rock-strewn and kaimoana -rich bay north of Waipoua. From there it made its way to the lush Waipoua valley and, ultimately, to Maunganui Bluff. At ( Waikara north of Maunganui Bluff, where Kaharau had married his Ngai Tuputupuwhenua wives, tangata whenua are said to have made a stand. However, peace was soon made between the parties once the related Ngai Tamatea people identified themselves. The ope then crossed over to Manuwhetai, south of Maunganui Bluff, from where it separated into various parties occupying portions ofWaipoualMaunganui.

Later a party of Ngai Tamatea under Rangitauwawaro, who had married a Waimamaku Ngati Kahu woman, returned to Waimamaku taking up occupation of the conquered land. An additional link between the taua and Waimamaku is provided by Ngakuru Pene Haare of Kaihu who recorded that a remnant of the Ngati Awa and Ngati Miru taua, which attacked Kaharau's pa, remained at Waimamaku. 32

It was during the lifetimes of the immigrant Ngai Tamatea leaders Manumanu ( 1 and his teina Rangitauwawaro that occurred an event, which was to have a lasting effect on their people. The former's eldest son Manumanu 2 was killed at Taumarere, Kawakawa assisting his mother's Ngati Rangi people in a fight against Ngai Tahuhu tribe. At the tangihanga Manumanu 2's body was laid out on a kahikatea log. When manuhiri (visitors) came to the tangi they commented upon the length of the corpse, exclaiming:

"Te Roroa 0 te tangata rei te kahikatea" - the tallness of the man is that of the kahikatea.

Subsequently Manumanu 2's koiwi (bones) were brought back to Waipoua and there interred. To commemorate his death, his father's and uncle's mixed Ngai Tamatea/Ngai Tuputupuwhenua/Ngati Rangi/Ngati Kahu people adopted the name Te Roroa. 33

But the people of Pepetaha, Manumanu 2's youngest brother, had fallen out • Kaitaia ..... A~ "'~ ,., " '. Herekino '. Harbour '. '\~.. '.'. • Awaroa " " '." ~. " " '" • Maungataniwha \" • f •• ,/ .Omahuta ,j£"'/

,l,l • i .Umawera •

(

Hokianga Harbour

.Kaikohe PunakiterEi

... .Tautoro Maunganui ~ Bluff • .Tutamoe The Muriwhenua to Maunganui Bluff Migration Trail 19 with Ngai Tamatea and lived apart from the new group south of Maunganui Bluff around the famous mussel rock named Patapata. Consequently, Pepetaha's people continued to use the name Ngati Rangi. (

According to Paraone Hemana that division occurred in the lifetime of Manumanu 2's other brother Ngaengae and Tarepo: " - from them there was a wehenga (division)." Descendants of Nainai called Te Roroa of Nga Puhi. Descendants of Tarepo were called Ngati Whatua. It was in later times that many hapu names originated e.g Te Taou, Ngati Whatua, Uri 0 Hau and

Ngati Rongo". 34 Clearly the people could not then have formed two groupings, respectively called Te Roroa and Ngati Whatua, when, as Paraone relates, the name Ngati Whatua originated much later. In my view, what Paraone is saying is that the Te Roroa grouping was separate to the grouping (largely Ngati Rangi derived) which became ancestral to Ngati Whatua tuturu.

At the time of that division Te Roroa largely were living at Waimamaku, Waipoua and Maunganui Bluff. Their pa at Waipoua were Kaitieke, Rangipuawhe and Katianui, while on Maunganui Bluff they had defensive ( positions at Taputapuatea, Kowhiotu and Tuituirangi. 35 20

W'HAAAPAPA 4

Te Roroa split from groups al1ces~1'i1 to the Kaipam tribes

Ngai Tl.Iputupuwllenua & Ngati Rang! ki Waipoua Ngai Tamatea kJ Muriwtt.an1J.!ll I I i ! I I ~ _"" ~ _I I 1 I I I Maearoa ::; Manumaou 1 Rangitauwawam ::: Tal,lrangi {w; l (TE ROROA MIl) (IE ROROA MIl) I {no Ngali l<8hu ki Walmamakl.l) I I _____~-.I , "- I I J I I I I I I Mamlmanu:2 Ngaengae Pepel.atm I (Killed at KawakilllNa) I I I I . _! , I I i I I! I I f I I i I Ranglwhatuma Marohl RuawtJeke I I I I I I I I J I I I 1____ . I I I ! I i I II I I flO issue Te Roroa line colltinue-s Ngati Rangi line ancestraf 1a ROflMllioo COillinues Waipoua and Maunganlli .to Kaipara !wi coll~nues Waimamakl.! and Souli1 HnlOOnga Maunganui 3Il 21

1.4 The Northerners Advance into the Kaihu Valley

For three generations the Muriwhenua emigrants lived in separate parties at ( Maunganui Bluff, Waipoua and Waimamaku, seemingly not crossing over into the lush and desirable Kaihu valley until the marriage of Muriwhenua descendant Tutaki to the woman Kahurau of Ngati Rangi. Their dispersed residences no doubt reflected their differing tribal origins, the feuds which had existed amongst them at Muriwhenua and the further division amongst them following the death of Manumanu 1. Kahurau, whose ancestral rights are said to have extended to the Kaipara harbour, undoubtedly had mana to Moe-a- Toa (Bayly's Beach) and Tikitiki on Kaihu 1 block, as well as at Aoroa block on

the Northern Wairoa river, where she lived with her tauiwi husband. 37

In Tutaki's lifetime we first learn from an account of Paora Tuhaere's of the existence of the Nga Ririki people amongst the progenitors of the Te Taou, Te Uri 0 Hau, Ngati Rongo and Ngati Whatua tribes:

"The original home of these tribes the Ngati Whatua, Te Taou, Te Uri 0 Hau, ( otherwise the Nga Ririki (Nga Riki) was Muriwhenua. This indeed was the cause that they came hither - an act of murder by Ngati-moe-mate-a-ika whereby Nga Ririki suffered. Thereupon came hither these tribes to obtain revenge for that murder. Some tribes living at Hokianga were fought against and defeated."

"Having thus come hither they settled down at Maunganui and lived there permanently. They then began to slay the tribes there who were exterminated. They then lived in separate parties there. Some were at Maunganui, some at Kaihu and some at the Wairoa."

"Maunganui was the pa which stood between these tribes the Nga Ririki, Ngati Whatua, Te Uri 0 Hau, Te Roroa, Ngati Pou and Ngati Rongo. Te Roroa and Ngati Pou spread out as far as Waikara and Waimamaku to Hokianga. The Nga Ririki were at Kaihu, Ngai Tutaki at Ripiro, the Ngati Rongo at Motuwheteke and Te Wairoa, Te Uri 0 Hau at Pouto." 22

"The reason why these tribes attacked one another was a quarrel about food. Nga Riki were a tribe which cultivated the kumara, the taro and the uwhi (yam?). Now Ngati Rongo, Ngai Tutaki and Te Uri 0 Hau were a fern-root eating people. The Uri 0 Hau were not aware that the Nga Ririki grew kumaras."

"Now Papapounamu desired to go to Kaihu. Arrived there he saw the kumara, taro, uwhi, the roroi (kumara pulped) and kao (kumara steamed and dried). The man eat thereof and thought of the goodness of the foods they lived upon. This idea became firmly fixed in his heart. Returned to his home at Pouto, he spoke to his younger brother about the abundance of food. Haumoewarangi said "Never mind, oh elder brother, why run after the food of the feet of Tukaheke. Just leave things to be gathered up into crates of Kahikatoa" (a proverb).

"After this the Uri 0 Hau dug up the crops and began to kill the people. This was an act of treachery. Te Nganaia of Nga Ririki was killed. There upon followed a great war. Te Uri 0 Hau were defeated. Then it was that Toutara perished, being pierced by a spear which struck her on the breast. Hence the name Te Taou". 38

Leaving aside the anachronisms of this highly condensed account of Paora Tuhaere's - the tribes of Ngati Whatua, Te Uri 0 Hau, and Ngati Rongo not then having come into existence and Te Roroa not then having commenced marrying into Ngati Pou ki Taiamai - it is apparent that the narrative draws a clear distinction between the northern Nga Ririki people, who possessed the kumara, and the Pouto people, who did not. The narrative poses questions, which I am unable to answer, as to why Haumoewarangi's people did not have the kumara. Given the Pouto traditional associations with the kumara­ bearing Mahuhu-ki-te-rangi waka and Ihenga of Nga Oho on the one hand and the usually accepted explanation that the kumara-bearing Nga Ririki was a division of Nga Oho on the other hand, the then absence of kumara at Pouto is puzzling. 23

A more detailed and less telescoped account of these tumultuous times is provided by the Rev Hauraki Paora who calls Haumoewarangi's eldest brother

Houtara. The latter had visited Te Nganaia of Nga Ririki at Kaihu whose ( daughters Tohakirangi and Whakaotirangi had married Ngati Rangi chiefs of Kaihu. There he had observed the Nga Ririki superior foods, reporting his observations to his younger brother. Haumoewarangi then determined upon a treacherous surprise attack, killing many of Te Nganaia's people and seizing their Kaihu whenua and possessions. 39

It is said that Haumoewarangi took all the land from Korariwhero on Kaihu 1 block to the southern boundary of Maunganui block. That includes almost the whole Kaihu valley. At Houkotuku, in the vicinity of Taita, Kaihu, he planted a white heron's feather, which he removed from his tapu head, as a tohu (sign) that he had taken that land - and named the place after that act. He and his whanau then settled in the Maropiu area, some two miles north of Mamaranui, Kaihu, taking up occupation ofTaumatini and Te Kawau pas. From there they set out to drive the Ngati Rangi/Nga Ririki remnant away by damming the

Kaihu stream and flooding their cultivations. 40 (

Te Nganaia and his sons Apuhanga and Unaho had escaped Haumoewarangi's attack. Eventually refugee Te Nganaia's fires were observed at Tutamoe, where he had been hiding in the forest, by his enemies. Descending upon him in the dark, Hau's people surprised and killed Te Nganaia while he was soundly snoring inside his dog skin cloak. Eventually he was interred at Opanaki, Kaihu, the urupa Te Nganaia being named after him. His sons went to Ngati Rangi and Te Roroa at Maunganui Bluff for assistance and there married Ngati Rangi women.

Maheu, the Ngati Rangi and Te Roroa warrior chief, later arose with 140 men to avenge Te Nganaia's death. His party encountered Hau's army of 340 warriors at Te Pare, Ripiro, defeating them. Rangitawhakarere, said to be interred in the ancient urupa Rangikapohia at Kaihu, fell in Hau's party slain by a toki (axe) - hence the name adopted by his descendants Ngati Toki of the Mangakahia valley. N A

Maunganui Bluff Manuwhetai

Palapata

Taumatatinl Pa

Omamari

To DargaviUe Tasman Sea -----.

Moremunui

Baylys Beach (Moeatoa)

Locations of Kaihu Valley fighting by Haumoewarangi 24

After this Maheu, doubtless expecting reprisals, abandoned Maunganui in the course of which he and his elder brother Rangituke buried their aged father, the noted Te Roroa tohunga Pinea, alive. Pinea too old and infirm to travel ( and hence a hindrance to his people, was buried up to the neck at the back of his whare at Manuwhetai, Maunganui Bluff. Maheu returned to the Ngati Rangi kainga at Tautoro, Hikurangi, while his elder brother Rangituke, his sisters Whakaorakimatangi, Whakahaerea and Patokatoka, with their people, emigrated to join their relatives at Araparera, South Kaipara.

When Matuahoaho and Kauteawha, the sons of Tohakirangi and Whakaotirangi had reached men's estate they were apprised by their mothers of the death of their grandfather Te Nganaia and urged to obtain utu. To provoke a quarrel, they killed at Ripiro a man named Umamakau, a relative of Haumoewarangi. In retaliation, Hau's people besieged the Opanaki, Kaihu pa of Matuahoaho and Kauteawha, but were defeated with great loss. Toutara, a Nga Ririki chief living with the people of Haumoewarangi at Oruapo, Northern Wairoa, was killed by Kauteawha through a thrust to the breast and eventually followed Rangitewhakarere to internment in Rangikapohia urupa. As a ( consequence, his descendants, one of whom was Hakiriri's wife Urukahakaha, later adopted the name Te Taou. Kauteawha also killed

Papapounamu, Hau's brother, and a great many other chiefs. 41

Amongst the slain in this battle, which seems to have transpired shortly after Haumoewarangi's death at South Kaipara, was Kairewa a Whirinaki, South Hokianga chief. With his Te Whanau Rape people - a thoroughly Ngati Awa appellation - Kairewa had come to Kaihu to assist Ngati Rangi and Te Roroa against Hau. Prompted by the hunger of utu for the deaths of his relatives who had been killed at Hokianga by a Kaipara taua under a chief named Kukupa, Kairewa was speared in the heart by Toutara. Consequently his people adopted the name Ngati Manawa. 42

The Roroa chief Toa, a noted warrior, then arose from his pa at Puketapu, Waihopai, Maunganui Bluff to finalise the fighting against Hau's people and their Nga Ririki supporters. Regaining the Kaihu pas Te Kawau and 25

Taumatini, he pursued the survivors to the Northern Wairoa river, where Maungaraho pa on Whakahara block and Tokatoka pa also fell to him. He then returned to Kaihu. Shortly after, the Nga Ririki and Ngati Miru people under Hakiriri, Tumupakihi and others, in the wakas Te Potae 0 Wahieroa and Te Wharau, abandoned the Kaihu and Northern Wairoa areas for South Kaipara. 43 ~ 26

WHAKAPAPA5

Nga Uri 0 Te Nganaia of Nga Ririki Te Nganaia (no Nga Ririki) I I
------~I------~I~------I Tohakirangi (w) = Ngati Rangi man Whakaotirangi (w) = Ngati Rangi man Puhanga Unaho 1 I I 1 ,.------1 1 I I ------I I Whakaotirangi 2 (w) Matuahoaho Whaakirangi (w) Kauteawha 1 1 ~I------1 I I Rangahaua (w) = Tumupakihi (no Nga Oho) Tarapakihi = Pawhero (w) (no Nga Ririki) I I I I Wahaakiaki *Hukatere = Toukararae (w) (no Nga Oho)

1 I Tuperiri (the conqueror at Auckland) 44 27

WHAKAPAPA6 The Origin one Taou Iwi Toutara (no Nga Ririki) Haumoewarangi = Waihekeao (TE TAOU IWI) 1 1 1 Uamatahatahakau Makawae (w)· = Marua (no Nga Ririki) 1 1 1 1 *Naonao Tapiripiri = Waitawhiti (w) 1 1 1 1 Urukahakaha = *Hakiriri 1 "'-1--- 1------1 Muriwhakaroto = Te Koura Atiakura 1 1 1 1 Ringatahi = Rahu Tiheru 1 1 1 1 Wharewhara = Te Urupa Tarahau = Koangi 1 1 1 1 Te Otene (Kikokiko) Waerakau 1 1 P Kawharu 45

~ 28 ~

WHAKAPAPA7 Nga Ririki Migrants to South Kaipara Haumoewarangi = Waihekeao (w) I I Marua 1 (t1) (no Nga Ririki) = Makawe (w) = Tauroto (t2) (no Nga Ririki) (Ngati Marua) I I­ I I I I Tapiripiri = Waitawhiti (w) Koromatua (t1) = Pawhero (w) = Tarapakihi (t3) I I = Te Aki (t2) 11 ___-_-- I I 1 1 I 1 1_____ - 1 :-1- I------1 1 1 1 1----11 1 1 I I I 1 I I I I I I *Hakiriri = Urukahakaha Whakatere (w) *Tikiwhakataha *Pani *Tete *Hukatere =Toukararae (w) (no Nga Ririki) I 1 (no Nga Oho) -later Te Taou I 1 I I *Atiakura Tuperiri 46

NB. An asterisk indicates the names of traditional participants in the invasion of South Kaipara. 29

1.5 The Death ofTutaki

Although an account of this event already has been presented to this tribunal by Wiremu Wright ofTe Uri 0 Hau (Wright 1996:31-34), additional detail is provided in the following account which also displays aTe Roroa perspective.

As has been related, Tutaki was the husband of the Ngati Rangi woman Kahurau and the father of Haumoewarangi's second wife Waihekeao. Upon a visit to probably his Ngai Tamatea relatives at Waimamaku, South Hokianga, Tutaki had a dispute with the Ngati Pou chief Tuiti, who fell on a stone and seriously hurt himself.

Tuiti was the half brother of Kairewa, killed at Kaihu by Nga Ririki and Haumoewarangi's people, and there obviously was some ill feeling between the two Chiefs.

Following that event Toronge, Tuiti's classificatory nephew, arose to seek utu for the insult rendered to his uncle. ~ 30

WHAKAPAPA8 Descent of Tuiti and Kairewa Kauae (w1) (no Ngati Pou ki Whangape­ = Tupoto = Tawakeiti (w2) (no Ngati Pou ki Whangape - daughter of Reitu) 1 1 daughter of Reitu) 1 1 1 1 ~------I----I I 1 1 1 1 1 Tuiti = Marohawhea (w) (no Ngati Pou) Miruiti (w) Korokoro Kairewa = Waimirirangi (w) (no Ngai Tamatea) 1 1 1 1----11 1 1 1 1 Rangihana = Kuiawai (w) (no Ngati Ue) Tamatea Haereitera (w) =Toronge I 1 ~----_I------1------11 I 1 1 1 1 1 Te Whareumu = Huia (w) (no Te Roroa) Tarahape = Kie (w) (no Te Roroa) Waipinerangi (w) = Te Taonga 47 More 31

Upon visiting the Ahipara war leader Tamaariki, Toronge was given a strategy of arranging an ambuscade of Tutaki's people. Ngati Pou, probably under the direction of the master carver Kohuru of Ngai Tu hapu, then built a whare manuhiri (carved visitors' house) named variously as Te Rakau-a-Tu, Tutangimamae or Nga Rakau-a-tu-ka-tangimamae and invited Tutaki's people to come and aid them against a pretended enemy.

Tutaki's people then arose from Kaihu, journeying by way of Omamari along the beach to Waimamaku. At the latter place, part of the taua was welcomed at Kukutaepa pa, the pa of the Ngati Pou chief Tarahape, where stood the whare manuhiri. The remainder of the taua went to Kaiparaheka, the pa of Tarahape's elder brother Te Whareumu.

Once Tutaki and his people were assembled in the whare manuhiri, Tamatea, the son of Kairewa, and Ngati Pou produced their hidden weapons turning on their unarmed guests until there was not a survivor left. Thus fell Tutaki. 48

Tamatea then set off for Kaiparaheka pa only to find there that the slaughter of the manuhiri had not commenced. "Kahore ano I patua no atia te kararehe mo to koutou nei manuhiri? Kua maru ke te kararehe mo taku ope" - Have you not commenced killing the dogs for your guests? He said. My dogs have long been killed for my party. Then commenced the slaughter of the Kaiparaheka pa manuhiri by Tamatea in which he was joined by the tangata whenua of the pa.

This kohuru is remembered as Te Rore-piko-wawe-a-Tamatea - Tamatea's quickly sprung snare. It commemorates utu for both Kairewa and Tuiti. At that time Toronge uttered his whakatauki:

"Tutaki ki runga te kete toheroa, ka wehe Toronge ki raro, te kahawai te whitia". The meaning of this cryptic saying is that although Toronge had not the strength by himself to open the kit of toheroa (Tutaki's people) from above - or avenge his relative himself - with the aid of the northerner Tamaariki, he.· succeeded by an entry from below to catch the kahawai (chiefs). 49 32

The Ngati Pou successes were not welcomed by Waitarehu, the wife of the Te Roroa chief Toa, who was concerned that her brothers in law, Te Whareumu and Tarahape were seizing the mana of her ancestral land at ( Waimamaku. She therefore prevailed upon Toa, who then was living at Waipoua, to organise a taua against Ngati Pou. In time a large taua ofTe Roroa, Ngati Rangi, Nga Ririki and others marched upon Waimamaku.

Amongst the taua was the famed Tainui toa Kawharu. 50

The taua apparently first attacked Kaiparaheka pa under Te Whareumu, which fell to them. From his nearby pa of Kukutaepa echoed Tarahape's poroporoaki to his elder brother: "Haere ra e tama ra. Ko koe I te po, ko ahau

apopo" - Farewell 0 son. It is thy turn tonight, mine tomorrow. At dawn the taua attacked Kukutaepa pa, which also succumbed. Thus fell the Ngati Pou brothers Te Whareumu and Tarahape in the battle still remembered as Rau Kumara, kumara basket, because the dead were piled up like kumara in a basket.

The victorious taua then dismantled the carvings from the whare manuhiri, ( bearing them off to Kaihu. In the lifetime of Tutaki's great grandson Tumupakihi the carvings were removed to Aotea, South Kaipara and from there to Otakanini pa. At the latter place they formed part of a whare karakia (house of incantations) for Ngati Whatua tuturu. During the musket wars the carvings were hidden in Te Hihi creek, from where some of them later were recovered and deposited in Auckland museum.

A monster represented on the carvings is the Mirakihau, an invisible taniwha which arose from the sea to devour the vital parts of human beings. As those monsters typify the unquenchable desire for revenge which eats into the mind, they also symbolised Ngati Pou's determination to wreck vengeance upon

their guests. 51

In modern times a myth has evolved that the house Tutangimamae was carved for Rangltaumarewa, a Ngati Awa chief who enticed the Pouto maiden Te Hana to elope with him to Okahukura, South Kaipara. A whakawe, or 33 doorjamb, from the whare - described as one of the great taonga of Maori Art and wrongly attributed to Ngati Whatua tuturu - is referred to in that context in Te Maori 1984:188.

As Wright 1996:34 notes, it is said that Tutaki was interred at Oteono, Ripiro. Possibly his victorious people brought his koiwi to Ripiro.

1.6 The Whanau of Haumoewarangi

Given his dominant position in the traditional histories of many of the Kaipara tribes, it is somewhat surprising to learn that very little is on record regarding the origins and formative years of the tupuna Haumoewarangi, whose name according to one account means "wind that stops in the space of heaven". 52

The son of Te Aweaweoterangi (alias (Whakaoko) and his wife Rawhakitua­ hineao, nothing is known of his father's tribal origins, although a connection with the waka Takitumu is suggested by some whakapapa and expressly stated by Rev Hauraki Paora. His mother's origins, which are more widely known, are associated with Nga Puhi. Disagreement exists however whether her father Tangaroawhakamanamana was a brother or son of the Nga Puhi founder Rahiri.

Basically, Nga Puhi informants, who from time to time have claimed Ngati Whatua as part of Nga Puhi Nui Tonu, have asserted a descent from Rahiri, while non Nga Puhi informants hold that Tangaroawhakamanamana was Rahiri's tuakana (elder brother). 34

WHAKAPAPA9

Tangaroa Te Ihooterangi Te Ihooterangi ( 1 1 1 1 1 1 Maikirangiatera Rangitawhakarere TeAweawe 1 1 1 1 1 1 Maikirangiatepo Aweaweoterangi Haumoewarangi 53

1 1 1 1 Rakataha Haumoewarangi 54 1 1 Te Rangipahura 1 1 Te Ihioterangi 1 1 Rangitawhakarere 1 1 Aweaweoterangi = Hineao . 1 1 ( Haumoewharangi 55

Rahiri 1 1 Tangaroa 1 1 Rawhakitua Hineao = Te Aweawe

1 1______1 1 1 1 Haumoewarangi Moerangaranga (te ingoa 0 tenei iwi 0 Te Uri 0 Hau) 56 (uri with Nga PUhi) 35

WHAKAPAPA 9 (continued)

Rahiri = Whakaru (sic) 1 1 ______

1 1 1 1 Kaharau Tangangaroawhakamanama 1 1 Hineao 1 1 Hau 57

1 1 1 1 Rahiri Tangangaroawhakamanama 1 1 Rawhakitua 1 1 Moerangaranga 58

1 1 1 1 1 1 1 1 Tangaroa Rahiri Tangaroa Rahiri 59 1 1 Rawhakitua 60 36

WHAKAPAPA 9 (continued)

( I I I I Tangaroa Rahiri I I Rawhakitua I I Whakaoko 61

I I I I Tangangaroawhakamanama Rahiri I I Rawhakitua I I ( Moerangaranga 62

Despite Percy Smith's unfounded speculation that "Haumaiwharangi" was a pure Ngati Whatua, presumably from the north, indications are that the latter's tupuna were associated with Pouto, where possibly Haumoewarangi was born. His maternal grandfather Tangaroawhakamanamana is said to have lived there in the pa named after him, while his paternal great grandfather (?) Te Ihooterangi and his friend Tangaroa, both alleged voyagers on the waka Takitumu, are stated to have taken Pouto from the Kekehu or Tuputupuwhenua people.

Additionally, Haumoewarangi's father Te Aweaweoterangi lived at Pouto and it was from that base that Hau mounted his attack against Kaihu. Undoubtedly however it is Hau's lack of knowledge of the kumara, which suggests the non-participation of his tupuna in the probable mid 16th century

heke from Muriwhenua. 63 37

As related by Tamati Whakatara of Ngati Whiu and Ngati Kawa hapus ofTe Roroa, Haumoewarangi also occupied Mahuta pa south of Dargaville to which he bore his second wife Waihekeao and in so doing triggered a desired war against Ngati Rangi - and possibly Nga Ririki. Accounts of that warfare, a likely precursor to Haumoewarangi's attack against Kaihu, suggest that, pending their defeat by Hau, Ngati Rangi under Waihekeao's first husband Mahanga held mana to Horehore and Whakahara blocks on the east bank of the Northern Wairoa river. According to the oral record, Ngati Rangi then also held Tokatoka block. 64

Although it is widely accepted that Haumoewarangi and Waihekeao had seven children viz Makawe (w), Whiti, Rongo, Mauku (w), Ruinga (w), Weka and Hakiputatomuri, there is a particular lack of sUbstance to Percy Smith's supposition that each child founded a hapu of Ngati Whatua. Not only was the corporate name of Ngati Whatua not then in existence, but Smith's informant, Hauraki Paora, in naming groups descended from those children did not name the tribal affiliations of those groups. 65

And of those groups three out of the seven named i.e. Ngati Whiti, Ngati Ruinga and Ngati Weka never seem to have achieved enduring corporate status. Certainly, no land rights were claimed from them as corporate groups.

For the purpose of establishing those tribal groups to which Haumoewarangi and his people allied themselves, it is useful to look briefly at the lives of Hau's children and some of his descendants, as known to us. Those relationships not only suggest a general pattern of exogamous marriages, but also leave an impression that at that period tribal groups were far smaller than those of the early 20th century.

Makawe, the eldest of Hau's children, seems to have largely lived and died at Kaihu. By her two marriages she married into the immigrant Nga Ririki people. Probably her marriages reflect similar political imperatives as the marriage of her brother Rongo. Her descendants continued to live at Kaihu until the death of Haumoewarangi, following which they emigrated to South Kaipara. Many of her grandchildren participated in the raupatu of South Kaipara. 66 38

Rongo, said by some to have been the eldest son, married after his father's conquest of Kaihu, Tarawamoa ofTe Roroa and Ngati Rangi. Their marriage was intended to be he maungarongo, a peace-making union, between ( opposing groups. The couple lived variously at Taumatini pa, Maropiu, Kaihu, Maunganui Bluff, Motuwheteke pa, Oruapo, Northern Wairoa and Ngarerekura pa, Tikinui, Northern Wairoa. In old age Rongo, who is said to have been interred in Te Kuri 2 block, was treacherously slain at Motuwheteke pa by a Nga Puhi taua under Hereure and Te Waha, which bore

off his granddaughter Pare to Hokianga. 67

Rongo's only child Moerangaranga was taken to wife by Ngawhetu, son ofthe great Te Kawerau chief Maki and went to live with her husband's tribe at Mangawhai, Mahurangi and other places in South Kaipara. Upon Ngawhetu's death in battle, Moerangaranga was taken to wife by her cousin and son in­ law Pokopokowhititera, who was concerned to see that her Northern Wairoa lands remained within the whanau. At the time Pokopokowhititera already was married to Taumutu, the daughter of Moerangaranga and Ngawhetu. In due course Moerangaranga and Ngawhetu's children took the name of Ngati ( Rongo to distinguish themselves from the other children of Maki, who continued the autonomous Kaipara tribe ofTe Kawerau tuturu. There were

ancient Nga Oho connections between the two groups. 68

By her marriage to Ngawhetu, Moerangaranga had five children viz Tira­ Waikato (w), Taumutu (w), Pare (w), Tauhia and Korotai. Tira-Waikato, the eldest, married in South Kaipara Mahanga, a noted Ngati Te Ata wanderer and warrior from Whaingaroa (Raglan), of whom the whakatauki is "Ko Mahanga whakarere kai, whakarere waka, whakarere wahine", - Mahanga forsaker of foods, canoes and women. His father was Tuheitia, the brother in law of Tahinga of Ngati Tahinga. In time Mahanga returned to Whaingaroa, but Te Hira his only child by Tira-Waikato continued to live at Araparera, South Kaipara in his pa Te Mouhara. Upon Te Hira migrating to occupy his mother's lands at the Northern Wairoa, he married Tokaiakina of the Ngati Whiu and Ngati Kawa people. His Northern Wairoa uri continued to use those names to distinguish themselves from their Ngati Rongo kin at Kaipara. 69 39

WHAKAPAPA 10 Ngati Rongo lwi Haumoewarangi = Waihekeao (w) (no Ngati Rangi) 1 1 Rongo = Tarawamoa (w) (no Te Roroa and Ngati Rangi) (NGATI RONGO IWI)I 1______

1 1 Ngawhetu (t1) (no Te Kawerau) = Moerangaranga (w) = Pokopokowhititera (t2) (no Te Uri 0 Hau)

1 1 1 1 1 1 1 1 1 1 Tira-Waikato (w) Taumutu (w) Pare (w) Tauhia Korotai = Mahanga (t1) = Pokopokowhititera = Hereure (t1) = Te Henga (w) = Waitana (w) = Ripiro (t2) (SEE WHAKAPAPA 11) = Te Waha (t2) (SEE NEXT PAGE) 40 ~

WHAKAPAPA 10 (continued) Ngati Rongo Iwi

Mahanga (ti) (no Ngati Te Ata) = Tira - Waikato (w) = Ripiro (t2)

1 1 1 1 Te Hira = Tokaiakina (w) (no Ngati Whiu and Ngati Kawa) Te Whaita alias Murupaenga =Maiao (w) (no Te Uri 0 Hau) 1 1 1 ~------~------II------1 I 1 1 1 1 1 1 1 Whetu = Tauterekura (w) Ahiwera (w) = Tuaea (no Nga Puhi) Ranginui I I I I ______
______1 1 1 Ngati Whiu and Ngati Kawa 1 1 1 line continues at 1 1 1 1 North Wairoa Pewa Te Urungatapu (w) = Taipaka (no Ngati Whatua) Murupaenga-nui = Tangirere (w) 1 1 .------_1 1 1 1 1 1 Mereana Te Anini (w) = Kahutuanui (no Te Uri 0 Hau) Kahu =Otai (w) 1 I .------_1------1 1 1 1 1 1 1 Te Hemara Tauhia Makareta (w) = Arama Karaka Haututu Henare Rawhiti (no Ngati Rongo) (no Te Uri 0 Hau) 70 (no Ngati Rongo) 41

WHAKAPAPA 11 Ngati Whatua Iwi & Te Mangamata Hapu

Taumutu (w) (no Ngati Rongo iwi) = Pokopokowhititera (no Te Uri 0 Hau)

I I I I I I I I Koieie (w) Tirau (w) Maiao (w) Ruarangi = Hinekitewhakatere (NGATI WHATUA IWI) = Ngatokorua = TeWhaita I = Waiwhata (no Ngati Tahinga) (no Ngati Rongo) I (no Ngati Tahinga) Te Tinana - Nui (TE MANGAMATA HAPU) 71 42

It is Tira-Waikato's issue by Ripiro and the uri of her brothers Tauhia and Korotai who have maintained the tribal name Ngati Rongo. The descendants of Pare largely have merged into the Hokianga Te Popoto people, while ( Taumutu's uri - with the exception of her daughter Maiao who married back into Ngati Rongo - have evolved into Ngati Whatua iwi and Te Mangamata hapu.

It is not known why Koieie, the daughter of Taumutu and Pokopokowhititera and granddaughter of Moerangaranga, adopted the name Ngati Whatua. All we have is a bare statement of the Ngati Whatua chief Te Keene Tangaroa that it is from Koieie that that tribe takes its origin. 72

Koieie and her Ngati Tahinga husband Waiwhata dwelt in the strong pa Otakanini, South Kaipara, which had fallen to the Te Taou leader Hakiriri upon his invasion of South Kaipara. Celebrated for their bravery, Koieie's people often were at war with Te Taou iwi in the South Kaipara region.

A woman of indomitable will and courage, Koieie attended a number of battles ( of her son Tauhia, a renowned toa. At one such battle, she celebrated her son's victory by climbing a hill named Pukekowhiwhi and shouting out: "Kei te whetu au e! Kei te marama" - I am as the stars, as the moon! 73

Upon his marriage to his mother-in-law Moerangaranga, Pokopokowhititera had the following children who lived with him at the Northern Wairoa:

WHAKAPAPA 12 Children of Pokopokowhititera & Moerangaranga

Moerangaranga (w) = Pokopokowhititera

I I Marinotere (w) = Arero Rangahau I I Poutapuaka 74 43

Haumoewarangi and Waihekeao's second daughter Mauku married the Ngati Rangi chief Paharakeke, whose home was at Tangihua, Northern Wairoa. The couple migrated to Oruawharo, Kaipara, where Ngati Rangi, then much mixed up with Ngai Tahuhu, also held lands. It was at Matawhero pa, Oruawharo that their children were born. Their son Whiti, who eventually became the tupuna of Ngati Kauae (Kauwae) hapu of Ngati Mauku, married Kama (w) of Ngati Tahinga ki Oruawharo. It was their son Te Atuahaere whose possessions at Pouto became coveted by Haumoewarangi's son Hakiputatomuri following his father's death. As related by Wright, in apparently a family dispute (he whanau riri), the latter killed his cousin Te

Atuahaere, seizing the Ngati Mauku Pouto land. 75

In time Ngati Mauku and Ngati Tahinga both largely became absorbed into Te Uri 0 Hau iwi. That process later was heightened by the marriage of the woman Te Kiriwhakairo of Ngati Rangi, Te Roroa, Ngati Kahu and Ngati Mauku to the Uri 0 Hau fighting chief Ranginui.

WHAKAPAPA 13

Mauku (w) = Paharakeke (no Ngati Rangi) I I Whiti = Tuwhakaohorangi (w) I I Kupa I I Te Kainga =Paihawa I I Te Kiriwhakairo (w) 76 '~ 44

WHAKAPAPA 13 (continued)

Manumanu 1 (TE ROROA lWl) =Maearoa (w) I Ngaengae I I Matohi = Whakahaerea (w) I I Pinea = Takutaiakura (w) I I Rangituke = Aoroa (w) I I Waitea I I Paihawa =Te Kainga I I Te Kiriwhakairo (w) = Ranginui (Te Uri 0 Hau) I I Te Hekeua = Whakakahu (w) I I Paikea Te Hekeua 77 45

Mr. Wright's evidence already has dealt with what is known of Haumoewarangi's son Hakiputatomuri and it is not proposed to repeat that evidence here. It is notable however that, unlike the known marriages of his brothers and sisters, Hakiputatomuri married his first cousin Kuiateao. The usual pattern of exogamous marriages largely seems to have been maintained by his children - with Whitirawatea taking a wife from amongst Ngati Tahinga and Pokopokowhititera marrying Te Kawerau, Ngati Rongo and Ngati Kura women. The Kaipara branch of the latter people, the descendants of Kuramangotini, seem to have been an old Ngati Awa group, with former Whangaroa associations, who became absorbed into Te Uri 0 Hau iwi.

Kaiwhare, the wife ofWhitirawatea, was the sister ofTe Huhunu of Ngati Tahinga, remembered for causing the South Kaipara death of the famous Tainui toa Kawharu. As Te Huhunu was born at Whaingaroa, both brother and sister may have returned to Kaipara. Alternatively, Whitirawatea, of whose deeds tradition curiously is silent, may have lived with his wife's people at Raglan. Notably, the hapu name Ngati Kaiwhare is commemorative of

Kaiwhare, not her husband. 78

Although Wright relates that the name Te Uri 0 Hau was adopted by Hakiputatomuri following his father's death and is applicable to all Hau's descendants 79, accounts are conflicting. Notwithstanding general agreement that the name Te Uri 0 Hau commemorates Haumoewarangi:

"Haumoewarangi is the tupu (sprout) for all Te Uri 0 Hau". 80

"The Uri 0 Hau proper are from Haumoewarangi". 81

Perceptions vary as to the application of the name:

"The putake (root) ofTe Uri 0 Hau was Haumaiwarangi. He had several children but that name irid (rested) upon the descendants of his son Haki only". 82 46

"The name Te Uri 0 Hau is the ingoa nui over Ngati Mauku, Ngati Kauwae, Ngati Kaiwhare, Ngati Kura, Ngai Tahu and Ngati Te Hana. These hapus of Te Uri 0 Hau own the lands on Kaipara harbour at Oruawharo, Otamatea,

Arapaoa and crossing over to Pouto". 83

"The name Te Uri 0 Hau applied to Hakiputatomuri. He was Mauku's brother.

That name Te Uri 0 Hau did not eke (rest upon) either Mauku or Makawe." 84

Given that Haki's sisters Makawe and Mauku married into other iwi, it must be doubtful whether the name Te Uri 0 Hau ever applied to them and their descendants. Similarly, if that name ever rested upon Rongo and his descendants, it must have been displaced in his grandchildren's lifetime through adoption of the name of Ngati Rongo. Perhaps more importantly, in cases such as Tikinui and Pouto 2 blocks before the Native Land Court, Te Uri 0 Hau only recognised claims under Hakiputatomuri as conferring rights to those lands. As will be seen in the section of this report dealing with Pouto 2 block however the rights or otherwise of Ngati Whatua tuturu - as descendants of Hakiputatomuri - to be included amongst Te Uri 0 Hau ki ( Pouto were not recognised by the latter people during that case.

Finally, in my view, the use of the term Te Uri 0 Hau as an ingoa nui reflects a later outgrowth of the term and should not be confused with the original coverage of the name.

It is, of course, a matter of Te Uri 0 Hau tino rangatiratanga and honour to be able to advance its own accounts and interpretations of its own origins to this tribunal. As with other claimant groups affected by these proceedings, this witness respects that rig hI.

1.7 Te Tipunga, Te Puwaitanga The Evolution from the Muriwhenua Immigrants of the Modern Kaipara Tribes

At this stage it may be useful to summarise critical evidence relating to the 47

composition and evolution of the social structures of the Muriwhenua immigrants and affected peoples: (

1. The immigrants comprised collaborating members of several Muriwhenua Ngati Awa tribes, some of which earlier had fought against each other.

2. They were members of a large taua intent upon colonisation.

3. They conquered at Hokianga, occupying Waimamaku, Kawerua, Waipoua and Maunganui Bluff. They forced some of the displaced Ngati Kahu ki Hokianga to move against other Ngati Awa tribes at Whang ape and Herekino.

4. Upon reaching Maunganui Bluff, they commenced living in separate parties.

( 5. They intermarried with local tangata whenua, Ngati Kahu at Waimamaku, Ngai Tuputupuwhenua and Ngati Rangi at Waipoua/Maunganui Bluff and Ngati Rangi at Kaihu.

6. Ngai Tamatea iwi remained at Waimamaku, Waipoua, Maunganui Bluff, Kaihu and the Northern Wairoa.

7. A portion ofTe Roroa/Ngati Kahu migrated under the Te Roroa chief Rangituke from Maunganui Bluff to South Kaipara. That branch intermarried with Ngati Rangi and Ngati Mauku ki Oruawharo and ultimately with Te Uri 0 Hau iwi.

8. Nga Ririki iwi, following fighting with Haumoewarangi, moved on to South Kaipara. Representatives of other Ngati Awa iwi, such as Ngati Miru, also migrated with Nga Ririki.

9. The migrating tribal groups underwent processes of fusion and fission 48

in probably the following sequence:

(i) At Waipoua/Maunganui Bluff and Waimamaku, Ngai Tamatea ( and portions of Ngai Tuputupuwhenua/Ngati Rangi/Ngati Kahu evolved into Te Roroa tribe.

(ii) At South Kaipara Nga Ririki, Ngati Rangi and associated people evolved into Te Taou tribe.

(iii) At the Northern Wairoa Hakiputatomuri's people and their adherents evolved into Te Uri 0 Hau iwi.

(iv) At South Kaipara the grandchildren of Rongo and a portion of Te Kawerau iwi evolved into Ngati Rongo tribe.

(v) At South Kaipara Koieie, the daughter of Taumutu of Ngati Renge and Pekopokowhititera ofTe Uri 0 Hau and her people adopted the tribal name of Ngati Whatua. ( 49

WHAKAPAPA 14 The Evolution of the Kaipara Tribes Ngai Tuputupuwhenua and Ngati Rangi ki Waipoua/Maunganui Bluff Ngai Tamatea ki Muriwhenua ~ ______I I I I I I I Maearoa (w) = Manumanu 1 (TE ROROA IWI) Rangitauwawaro (TE ROROA IWI) = Taurangi (w) (no Ngati Kahu) I (Te Roroa ki Waimamaku line continues) I ~I------1 Ngaengae Pepetaha (Te Roroa ki Waipoua, Maunganui Bluff, Kaihu and Northern Wairoa lines continue) (Ngati Rangi line continues) I I I I I Rangiwhatuma Matohi Ruawheke I I I I I I I -----I Ikataora Pinea = Takutaiakura (w) Mamaranui Kahurau (w) =Tutaki Te Henga (w) = Tamatuao I I I I __ I I I I I I I I I Toa Rangituke Tarawamoa (w) =Rongo Maheu Mahanga (t1) =Waihekeao = Haumoewarangi (t2) I I ~I------~I------~I------Makawe (w) = Marua (t1) Tarawamoa (w) = Rongo Hakiputatomuri = Kuiateao (w) (no Nga Ririki) (no Te Roroa) (NGATI RONGO IWI) (TE URI 0 HAU) (no Ngati Te Hana)

(continued next page)

'- ~ 50

WHAKAPAPA 14 (continued) The Evolution of the Kaipara Tribes

Mahanga (t1) = Waihekeao (w) = Haumoewarangi (t2) 1 1
------~------I 1 1 Toutara Makawe (w) = Marua (t1) Tarawamoa (w) = Rongo Hakiputatomuri = Kuiateao (w) (no Nga Ririki) I(no Nga Ririki) (no Te Roroa) 1 (NGATI RONGO IWI) (TE URI 0 1 (no Ngati Te Hana) (TE TAOU IWI) 1 I HAU IWI) I I 1 1 1__ _ 1 1 I 1 Uamutahataha Tapiripiri = Waitawhiti (w) Moerangaranga (w) =Ngawhetu (no Te Kawerau) 1 I I I I 1 1 1 1 1 1 1 1 I 1 1 Naonao = Mihouira (w) 1 Taumutu (w2) = Pokopokowhititera 1 ,---_1 1 1 ------_1 1 I 1 1 1 Urukahakaha (w) = Hakiriri Koieie (w) (NGATI WHATUA IWI) 85 = Waiwhata (no Ngati Tahinga) 51

The chronological evolution of the present tribal successors to the Muriwhenua immigrants affords some corroboration of John White's statement in the 1860s that Ngati Whatua is a hapu ofTe Roroa. Certainly, whakapapa indicates that Ngati Whatua grew out ofTe Roroa - as well as from Ngati

Rongo and Te Uri 0 Hau. 86

It is apparent that as the Ngai Tamatea and related people moved down the Kaihu valley and into the Northern Wairoa area, they carried with them - in time-honoured Polynesian fashion - their cultural treasures and markers which they deposited in their new homes. Thus did they manage to localise and keep old history alive. Perhaps the most awe-inspiring of those treasures was the folk memory of the rakau tupua (demon log) Rangiriri, which became relocalised in the Northern Wairoa river from its old homeland of Whatuwhiwhi, Doubtless Bay. Accustomed to move up the Northern Wairoa river against the ebb tide, when Rangiriri had a kawau (shag) perched on its back it was an unfailing omen of the pending death of an important Ngai

Tamatea descended rangatira. 87

It also is apparent that historically Te Taou, Ngati Whatua, Ngati Rongo, Te Uri 0 Hau and Te Roroa were regarded by the tupuna as tribes - although in some instances of relative tribal influence or in reference to part of a tribal group the term hapu also was used.

In 1873, for instance, Paora Tuhaere referred to: nAil the tribes of Te Taou, Ngati Whatua, Ngati Rongo, Te Uri 0 Hau and Te Roroa - n.

And in 1879 he spoke of:

n 00 _ his own tribes Te Taou, Te Uri 0 Hau, Te Roroa and Ngati Whatua . 86

Notably, unlike today when Ngati Whatua tuturu alone is erroneoulSly regarded by some as the tribe, with the other constituent members of the 52

Ngati Whatua confederation being hapu - Paora clearly identifies all members of the Ngati Whatua confederation on the same level. Likewise, in 1875 Land Purchase officer J W Preece seems to have regarded Te Roroa, Ngati Whatua and Te Uri a Hau on the same level as Nga Puhi. He referred to " - a dispute between the Roroa, Ngati Whatua and Uri a Hau tribes on the one side and Parore Te Awha and the Ngapuhi on the other". 89

Those perceptions were displayed by other government officials who, up to about 1880, usually referred to the "Ngati Whatua tribes" or "the Kaipara tribes". In 1857 William White adverted to "the Ngati Whatua tribes, comprehending the whole of the natives from the South Head of Hokianga to Manukau on the western coast and from Pakiri to Thames on the eastern coast" in which he not only clearly was referring to the Ngati Whatua tribal confederation, but to confederation boundaries quite dissimilar to those currently asserted by Ngati Whatua Runanga. 90

The minutes of the Tai Tokerau Maori Land Court provide a significant corpus of evidence that in the first decade of operation of the Native Land Court members ofTe Uri a Hau,Te Roroa, Te Taou, Ngati Whatua and Ngati Rongo usually referred to their groups as tribes. For instance, Te Uri a Hau tribe was referred to as such by Wiremu Tipene, Paikea Te Hekeua, A K Haututu, Pairama Ngutahi, Paora Tuhaere, Te Keene Tangaroa, Te Hemara Tauhia, Pirika Ngai and Pouaka Parere. Specific references to Te Roroa tribe were made by Ruka Takamoana, Tiopira Kinaki, Te Rore Taoho, Hapakuku Moetara, Te Pana Ngakuru, Te Manu and Pirika Ngai, while Te Taou tribe was described as such by Wiremu Tautari, Tairua Te Ruke, Matine Murupaenga, Te atene Kikokiko, Waka Tuaea, Ngawake Tautari and Pouaka Parere. References to Ngati Whatua tribe were made by Reupena Waitai, Pirika Ngai, Pouaka Parore, Te Keene Tangaroa, and Te Hemara Tauhia, while Ngati Rongo tribe also was described as such by Reupena Waitai. 91

Later confusion however resulted when those tribes were encouraged to form loose confederations. From initially being regarded as the Ngati Whatua tribes, in time all constituent members were called the Ngati Whatua tribe. 53

As recorded by Ballara, a process of subsuming small iwi into a larger iwi identity was actively pursued in the latter part of the 19th century - presumably on the basis of convenience - by government and the Native Land Court. That process is particularly evident from the records of the Tai Tokerau District Maori Land Court from the late 1870s and was still alive in 1900s. That year an explanation by Heta Paikea of Te Uri 0 Hau respecting his tribal affiliations to Ngati Rongo, Te Uri 0 Hau and Ngati Whatua attracted the following rejoinder from a land court judge:

"Court said that it had already explained to him that in this case Ngati Whatua was used as the 'ingoa nui' on one side as Nga Puhi was on the others". 92

The confederated nature of the Ngati Whatua tribes has been accurately described by the late Maurice Alemann :

"In Pakeha terms of thinking Ngatiwhatua is an "iwi" composed of "hapu" and "whanau". This is an oversimplification of the relationship between tribal groups, at least in the area under review.

"To start with the diverse tribal groups of Ngatiwhatua do not trace their ancestry monolithically from one ancestor or from one canoe. In various times, and in various circumstances, those tribal groups have been allied, or fought against each other, and have never formed one solid and massive tribal entity.

"Te Otene Kikokiko - a Ngati Whatua chief - stated in 1869 before the Native Land Court (on title investigation of Ruarangihaere) : "One branch of my people were called Ngatiwhatua, the ancestors of Te Taou are distinct from that of Ngatiwhatua - foreign tribes would call us all Ngatiwhatua, but we ourselves know the distinction". 93

Although there is no doubt that the present Ngati Whatua coalition - as represented by Te Runanga a Ngati Whatua - is as much a tribal confederation as are Hauraki, Tainui, Te Arawa, Ngati Awa, Nga Puhi and 54 others, that position is not reflected in Te Runanga 0 Ngati Whatua Act 1988 which refers to the confederation as a single tribe and includes the objective of bringing the assets of its members under a single, centralised control. ( Accordingly, in the view of this witness, the Act - which also confines runanga membership to the descendants of the tupuna Haumoewarangi - does not reflect the realities of the Ngati Whatua confederation.

If the Act was intended to deal with the interests of Ngati Whatua tuturu, membership should have been confined to the descendants of Koieie, rather than Haumoewarangi. The latter, in any event, is more widely recognised as the tupuna ofTe Uri 0 Hau.

Current Ngati Whatua Runanga membership criteria would suggest that the runanga lacks a statutory mandate to speak and act for the Kaipara iwi of Te Taou and Te Kawerau, as well as the following Northern Wairoa and Kaihu iwi who generally do not whakapapa to Haumoewarangi:

Te Roroa, Te Rarawa (Ripia, Naumai and Kapehu maraes, Northern Wairoa ( and Tama Te Ua Ua marae, Kaihu), Nga Puhi (Oturei and Taita maraes, Northern Wairoa) and Te Ati Awa (Ahikiwi marae, Northern Wairoa).

On descent grounds, most members of the above maraes enrolled with Ngati Whatua Runanga appear to lack a legal basis for that enrollment.

By resolving at its Runanga Poupou hui of 23 February 1993 to proceed with runanga elections without requiring proof of descent from the tupuna Haumoewarangi, the runanga may have demonstrated a lack of commitment to resolving that problem. 94

To all accounts the above confusion was not conveyed to the Waitangi Tribunal in the Railways Land case (WAI 264). The projection in those proceedings of Ngati Whatua as a single tribe - rather than a loose confederation of tribes - must have encouraged a tribunal view of some tribal over-right in the Auckland district (Tribunal decision p 5) exercisable by Ngati 55

Whatua Runanga. And yet John White in his Maori Customs and Superstitions lectures of 1861 was adamant that historically Ngati Whatua ( (alias Nga Oho) ki Auckland retained an exclusive and independent authority over all their conquered Auckland lands - permitting no interference by their parent tribe of Te Roroa. On that basis, it is difficult to see how Ngati Whatua

Runanga could have claimed an interest in the area. 95

It is, of course, a truism that tribal confederations only survive for as long as they are able to satisfy the interests of constituent members. In 1992, probably some 450 years after its Ngai Tamatea tupuna migrated from Muriwhenua, Te Roroa - which has only a handful of members who whakapapa to Haumoewarangi and at least half its membership with collateral links to the Nga Puhi tribal confederation - determined that its interests lay in reverting to its historical, independent iwi status. Consequently, as from that time, Te Roroa has stood apart from the Ngati Whatua and Nga Puhi tribal confederations, each of which it has supported at various moments in its history. ( 1.8 The Battle of Te Ika-a-Ranganui Nga mate tini, nga tangiroa (The many dead, the long lamentations)

Although the outcome of this last major conflict between the Ngati Whatua and Nga Puhi tribal confederations is well known, what is perhaps not so commonly understood is the sequence of events leading up to, and the effects of, the battle.

According to Smith, Hongi Hika deciding to aid the Ngati Maanu chiefTe Whareumu in seeking utu for the death of his uncle Koriwhai - killed possibly five years earlier by Ngati Whatua at Kohuroa (or Koheroa) between Mahurangi and Pakiri - assembled a war party. Revenge for Nga Puhi who fell at the Kaihu battle of Moremunui circa 1807 and other defeats also motivated Nga Puhi. 56

A slightly different perspective was provided by Kamariera Wharepapa of Nga Puhi to the Native Land Court in 1875: "There was much fighting between Nga Puhi and Te Roroa and Ngati Whatua. At Moremunui the Nga Puhi were beaten. Nga Puhi lost many chiefs and the others were very strong. Hongi was a boy at the time. He longed to avenge the death of his matua who fell at Moremunui. Parore continued to live on the land. Te Whareumu wanted payment for Taurawhero who had been killed by Te Roroa. He went to Kawiti who agreed to help him. When Hongi heard he determined to join them to get payment for Moremunui. The result was the later defeat of the Ngati Whatua allies atTe Ika-a-Ranganui" (Kaipara Minute Book 3/149).

In terms of Smith's version, Hongi's taua proceeded down the Mangakahia valley accompanied by the Roroa chief Te Hihi-o-tote, elder brother of Parore Te Awha. Probably desiring to protect his Te Roroa relatives, Te Hihi-o-tote hastened ahead of the war party, obtained a mere heirloom of the Roroa tribe and, upon returning, presented that heirloom to Hongi as a peace offering. The taua, avoiding Te Roroa territory, then returned to Kaikohe and Waimate

North determined to attack Kaipara from another direction. 96 (

However, according to accounts of the Uriroroi and Te Roroa peoples, Hongi arrived in the Northern Wairoa district with the express purpose of effecting peace with Te Roroa/Ngati Whatua.

The Uriroroi account by Hori Rewi is as follows:

"In the days of Hauhunga, Nga Puhi and Ngati Whatua agreed to make peace and they all met at Te Kopuru (Northern Wairoa). Hongi Hika was the chief of Nga Puhi. Te Whareumu was at the Bay of Islands and he thought if the peace was made his matua would not be avenged.

I I I I Koriwhai Arahi I I Whareumu" 57

"Koriwhai had been slain at Omaha. Whareumu then came to Tangihua to Mareikura and there started killing Ngai Tahuhu. The survivors fled to Te

( Kopuru and said Te Whareumu has slain many of them. Blood (had been) carried to the peace making and both sides retired". 97

A briefer account was provided by Parore Te Awha of Te Roroa and Nga Puhi:

'We lived at Waipoua and the war party of Hongi Hika came to Kaihu and we came along the beach to Te Kopuru and peace was made there with the Ngati Whatua. Hongi Hika then returned and we went back to our place

Waipoua." 98

Whether peace at Te Kopuru was effected or not - or perhaps more likely made and then broken - Hongi undoubtedly returned to the Bay of Islands only to find that Te Whareumu had assembled a taua and set out for Mangawhai. No doubt being obliged, in pursuit of mana, to do the same, Hongi's party departed after Te Whareumu.

To all accounts Te Whareumu's people were encamped at Mangawhai heads for some time awaiting reinforcements. The delay not only permitted Hongi to overtake Te Whareumu, but also enabled the Uri 0 Hau, Ngati Rongo, Ngati Whatua, Te Taou and Ngai Tahu tribes to organise their opposition. Notwithstanding Smith's assertion that Te Roroa iwi fought with Ngati Whatua, Te Uri 0 Hau and allies at the battle, Te Roroa traditions maintain that, consequent upon the peace making with Hongi Hika, the tribe did not. Only two Te Roroa men, who were living with Te Uri 0 Hau at the time, are said to

have participated in the battle. 99

Given the Nga Puhi superiority in musket power, when the two opposing forces eventually met on the field of war the outcome was inevitable. Assailed by a wall of bullets, Ngati Whatua, Te Uri 0 Hau and allies fell in heaps. The

Ngai Tahu tribe, which suffered particuh;~rly high casualties, was almost exterminated. S8

The effects of this sanguinary affair are far from simple. Although it later was claimed by Parore and Tirarau that they and Nga Puhi conquered at Te Ika-a­ Ranganui, was that so?

Firstly, it needs to be appreciated that the purpose of the battle of Te Ika-a­

Ranganui was to obtain utu. The battle was not directed at land taking. 100

Secondly, the Nga Puhi victory was not reinforced by occupation, crucial in terms of Maori custom for the establishment of a right by conquest. As stated by Wiremu Henare before the Native Land Court:

"Nga Puhi did not raupatu the land. After killing people they returned to their homes".

Occupation as a mandatory component of raupatu has been stressed by John White:

"The right to lands taken by conquest rests solely on the conquering party ( actually occupying the taken district, to the utter exclusion of its original owners or other tribes". 101

Although in cultural terms Te Ika-a-Ranganui merely provided rangatira such as Tirarau and Parore with spring boards to dominate, manipulate and whakaiti (belittle) Ngati Whatua, Te Uri 0 Hau and allies in the control of resources, the effects of that battle were markedly different in proceedings before the Native Land Court. Much of Te Roroa's tribal estate, for instance, was awarded by the Court to Parore on the erroneous basis that he and Nga Puhi had "conquered" Te Roroa at Te Ika-a-Ranganui. That the events of Te Ika-a-Ranganui, even if amounting to raupatu, could be transposed to different people and different lands huge distances away, apparently did not strike the Court as incongruous. Neither, apparently, did the Court consider it strange that not a single Kaipara land title was claimed pursuant to, the events ofTe Ika-a-Ranganui and that Tirarau and Parore asserted Te Ika-a­ Ranganui raupatu claims well away from that battlefield. As a consequence, 59

Paikea also was wrongly excluded by the Court from sharing in Te Parawhau lands.

As remarked upon by the Waitangi Tribunal in its Te Roroa Report pp 79-80, Parore's "conquest" take against his own tribe Te Roroa is likely to have been advanced to bolster his weak occupational rights to the Waipoua/Maunganui district.

It is uncertain whether Tirarau and Parore were present at Te Ika-a-Ranganui. As Hemi Parata ofTe Uri 0 Hau declared to the Native Land Court:

"I am not "ata marama" (quite clear) as to whether or not Tirarau and Parore actually took part in the fight at Ikaaranganui". 102

Taurau Kukupa, Tirarau's half brother and not the most consistent of witnesses, claimed both to have been living with Parore at Waipoua at the time of the battle and to have returned with Parore from the battle. His later evidence merely repeated that at the time ofTe Ika-a-Ranganui he was living at Waipoua - in which event he is unlikely to have participated at the battle. However, the initial delay while Te Whareumu was awaiting reinforcements, may have been sufficient to permit the arrival of people from Waipoua to the scene of the battle. 103

Parore himself never claimed to have been a participant at Te Ika-a­ Ranganui, relating only that he returned to Waipoua after the Te Roroa peace meeting with Hongi aITe Kopuru. During the 1863 arbitration hearings of the Mangakahia dispute with Matiu Te Aranui , neither Parore nor Tirarau asserted claims in the Northern Wairoa district and further afield under an alleged Nga Puhi raupatu. They both then claimed under take tupuna from the Te Roroa tupuna Taramainuku - incorrectly called of Ngati Whatua.

Twelve years later, in an account riddled with misrepresentation and plain error, Parore apparently asserted an overlordship to Te Roroa territory, not on the basis of a Nga Puhi raupatu at Te Ika-a-Ranganui, but upon the authority 60

of Hongi Hika who had been killed by Te Roroa! 104

Despite Smith's statement as to Tirarau's presence at the battle, the evidence is just as uncertain with Taurau Kukupa identifying Tirarau as a participant, while A K Haututu of Te Uri 0 Hau insisted that he was not. 105

The monolithic Nga Puhi/Ngati Whatua axis described by Smith at Te Ika-a­ Ranganui certainly is at variance with dispersal patterns after the battle which reflect loyalties and relationships to smaller tribal units of the victors. For instance after the battle Te Whareumu of Ngati Maanu came and escorted Ngati Rongo survivors to the Bay of Islands, Moetara of Ngati Korokoro fetched Te Waiaruhe hapu ofTe Uri 0 Hau to the South Hokianga kainga of Pakanae, Parore came and escorted Ngati Apa (an old Ngati Awa remnant) to Kaihu, Te Keha of Ngati Toki took Ngati Whatua tuturu to Mangakahia, Paikea brought some of his Te Uri 0 Hau kinsmen to Te Parawhau at the Northern Wairoa, while Muriwai fetched Ngati Whiu and Ngati Kawa of the Northern

Wairoadistrict to Utakura, Hokianga. 106 (

I, 61

SECTION 2

2.1 Nga Iwi Hou 0 Wairoa - Modern Tribes of Northern Wairoa

Unquestionably the dominant force in the Northern Wairoa district over much of the early 19th century was the Parawhau tribe under Tirarau Kukupa. A mixed people of Ngai Tahuhu and Nga Puhi descent, Te Parawhau tuturu held extensive territories from the upper Northern Wairoa area, including part of the lower Mangakahia valley, to Whangarei.

On the Northern Wairoa river they held mana whenua from approximately Tangowahine on the west bank of the river - and from the junction of the Manganui stream on that river's east bank - northwards. Their interests in the lower Mangakahia valley are said to have run to Oue.

Within those boundaries was a shared interest, probably derived from the old Ngati Rangi tribe, with Te Uri 0 Hau and Ngati Toki (Nga PUhi) in Maungaru block east of the Tangowahine valley.

There also were lands in the vicinity ofTangihua south ofTangiteroria, said not to have passed to Te Parawhau, which were claimed by segments of Ngai

Tahuhu as tangata whenua before the Native Land Court. 107 Aoeording to. one account Tahuhu-nui-okRangi. the eponymous tupuna of Ngai Tahuhu, was descended from the Muriwhenua chiefVVhakatau ofthlE! ( waka Mahuhu~ki.te-rangj:

WHAKAPAPA 15 Whekatau Mahurangl I Hau Kaperu I Tu RsngipuKohU I Hin&tu Tamura I Tahuhu - !'lui - 0 - Rang! '" PureEl!Jta (NGAI TAHUHU \WI) . I Kawa Taiheke I Whautsrs Tafmania I Tahao = Toipareiti I Kareafiki = Uenuku (son of RahiM of Ngapuhi) HIS (

On that basis Ngai Tahuhu must have been related to Ngatl Wai, Te Roraa. Te Uri 0 Hau. Ngati Whatua.. Ta Taou and 9thef Kaipara tribes, sll ofwnom descend from Mahuhu·ki-te-rangi waka. Other accouRts ascribe to Ngai

Tahuhu a Kawarau origin, which is not necessarily iflcompatib!~ with Mahunu­ Id.. te-rangi associations.

A:$, a corporate group, Te Parawhau probably came into existence near the commencement of the nineteenth century. Tirarau Kukupa's great uncle Tirarau 1 was killed at Punerukl..l on the east Coast by RangituKuwahQ of Ngati Wei and Te WaiarikL His lamenting comrad.es bore his corpse beck to

VVhengarel on a litter made ofwhli1u - hence w~s the name Te Perawhau adopted in comml)moration of that event, said to have transpired shQrtly after t~'"' N~£t; P-:u d~f®9.:t li't '>llie.mai Q.!rca 1190. 109

Plior to that disaster TJramu 1's father Ta,,'lfhiro and uooia3 Te Walkeri and TEll 63

Ponaharakeke, all members of Ngati Rua-Ngaio hapu of Nga Puhi had invaded and conquered - probably in the mid 18th century - the Whangarei ( district from Ngai Tahuhu. In that conquest they were assisted by the Ngati Kahu people under their chief Ngarokiteuru who thus acquired lands at Ohiwa and Hikurangi, Whangarei. At that period Ngati Rua-Ngaio, who earlier were known as Ngati Hau and who originally came from Omanaia, Hokianga, were living at Ora uta, Kawakawa. There they had commenced marrying into Ngai Tahuhu prior to conquering them.

After the conquest, Ngati Rua-Ngaio apparently demanded and received land at Wairua and in the lower Mangakahia valley from Ngati Ngiro hapu of Ngai Tahuhu who had been unaffected by the Whangarei raupatu. From that period Ngai Tahuhu mana in the Northern Wairoa district seems to have

commenced a decline. It however never was extinguished. 110

The conquerors and their children soon married into descent groups associated with the Mangakahia and Northern Wairoa districts. Te Waikeri married Pouri (w) of the Nga Puhi hapu Ngai Tu of Mangakahia while Tataia, Te Ponaharakeke's daughter, married the Roroa chiefTaramainuku. In time Tataia and her husband became the ancestors of Paikea Te Hekeua ofTe Uri o Hau, Tirarau Kukupa ofTe Parawhau and Parore Te Awha ofTe Kuihi, whose struggles for the control of Northern Wairoa resources occupied so

much of the region's early nineteenth century history. 111

In its heyday Te Parawhau iwi, based around Tangiteroria, largely comprised Te Parawhau tuturu descended from Tirarau 1's sister Tokaitawhio, Te Uriroroi hapu descended from Tirarau 1's uncle Te Waikeri and Ngai Tahuhu under Waiata and later his daughter Maraea Te Hoia alias Waiata. 64 ~ .~

WHAKAPAPA 16 Te Parawhau Tuturu and Te Uriroroi As Descendants of Ngai Tahuhu

Tahuhu - nui - 0 - Rangi (NGAI TAHUHU IWI)

I
------~I------I Kawa = Taiheke Paka =Hinepapa Manahiwa 1 1 1 Whautere = Taimania Hakiro = Kawhi Turuhira 1 1 1 Tahuao =Opengaiti Ahuaiti = Rahiri Tunuiarangi 1 1 (no Nga Puhi) 1 1 1 1 Kareariki (w) = Uenukukuare Takinganui I I 1 I 1 1 1 Waipopo (w2) = Torongare = Hauhaua (w1) Maikuku (w) = Huatakaroa Tuhukea 1 (no Ngai Tamatea) 1 1 (no Ngati Miru) (NGATI TU HAPU) ------I 1 1 1 1 1 1 1 Rongopatutaonga = Te Kauwhata Tamanga = Rangiheketini (w) Te Arakopeka (NGAI TORONGARE HAPU) 1 1 I 1 1 1 Rahingahinga (w) = Koromaiterangi I Te Ngutu 1 (no Ngati Ruanui iwi) 1 1 1 1 1 Takee Rua - Ngaio = Te Ikaoteawa (w) (NGATI RUA- NGAIO) (no Ngati Tu) (Continued on next page) 65

WHAKAPAPA 16 (continued) Te Parawhau Tuturu and Te Uriroroi As Descendants of Ngai Tahuhu Takee (no Ngati Ruanui iwi) Rua - Ngaio (NGATI RUA - NGAIO HAPU) = Te Ikaoteawa (w) (no Ngati Tu) 1 1 1 1 Whareangiangi (w1) = Taurahaiti = Waiharoto (w2)

1 1 1 1 Te Waikeri = Pouri (w) Te Ponaharakeke = Whari (w) Tawhiro =Uwhinga (w) (TE URIROROI HAPU) 1 (no Ngai Tu, Nga Puhi) 1 (no Ngai Tahuhu) 1 1 1 1 ~I----1----1 1 1 1 1 Te Wha Ngo & ors Tataia (w) = Taramainuku Takahore 1 Te Tirarau 1 _I 1 (no Te Roroa) 1 (TE PARAWHAU TUTURU) 1 1 (TE KUlHI) 1 1 _I 1 1 1 1 1 1 1 1 ----I Ngaiwi Take Te Awha = Pehirangi (w) Haumu = Tokaitawhio (w) Rangipo 1 1 1 (no Ngai Tawake) 1 (no Te Parawhau) 1 Te Apatunga Tohukai 1 1 1 1 1 1 1 1 1 Te Toitu 1 Parore Te Awha = Tawera (w) Whakahuhu (w) =Te Hekeua Kukupa = Whitiao (w) Te Iwitahi 1 1 (Te Parawhau - % sister to Tirarau 3) 1 (Uri 0 Hau) 1 (Ngai Tahuhu) 1 Te Ru (w) = Rewi Te Manihera 1 1 1 1 1 1 Hori Rewi Paikea Te Hekeua Tirarau 3 (Kukupa) Renata Te Manihera (no Te Uriroroi hapu) 112 (no Te Uri 0 Hau & Te Parawhau) (no Te Parawhau & Te Kuihi) (no Te Parawhau ki Whangarei)

'- 66

Other portions ofTe Parawhau, which usually were supported by the Tangiteroria people, continued living in the Whangarei district under Te Manihera and others. (

The Ngai Tahuhu people under Te Waiata also had links to Te Roroa:

WHAKAPAPA 17 Ngai Tahuhu and Te Roroa Connection Toa = Waitarehu (w) (no Te Roroa) _11 ______1 1 1 1 Tiro Te Haara = Ngamako (w) (no Ngai Miru)

1 1 Whare (w) = Te Ahu (no Te Uriroroi) 1

1------1------1 1 1 Whata = Ngahue (w) (no Ngati Ngiro hapu, Ngai Tahuhu) Turou ( 1 1 Te Waiata 1 1 Maraea Te Hoia (w) = Eria Marepa 1 1 (Ngati Ngiro hapu, Ngai Tahuhu ki Tangihua) 113

Up until about 1840 Te Parawhau numbers were swollen with a segment of Te Uri 0 Hau under Paikea Te Hekeua, Ngati Rehia from Matauri Bay and Ngati Porou slaves from the East Coast, all of whom lived with Tirarau from time to time employed in the spar trade. By the end of the decade however those groups had dispersed to their former homes. 114

From Tangowahine to Tunatahi (Dargaville) and from the Manganui stream to Hungahungatoroa block, land interests generally were claimed under Te Kuihi, Parore's descent group, whose tupuna Taramainuku was of Te Roroa tribe. [Key] K Te Ku]hl (whanau) N NR Ngatl Rangl (old possessors) ( P Te Parawhau R Te Roroa OMUOR A U Ta Uri 0 Hau MANGANUI {K,NR]

WAIMATA ONUWHAO [R,KJ [K,NR] MAUNGARU [P,U,NR] ? KOHEKOHE To [K] Tangiteroria ==::::::::;::~-

KAIHU 1 [R,KJ

MAUNGATAWHIRI iU,R]

ARAPOHUE [R] AOROA iU,R & others]

OKAHU iU]

WAIRA TEKOPURU .-iU,R & others [R] Source L & S - Dargaville cadastral map 1971 Maori Land Court records Generalised Northern Wairoa Tribal Boundaries 67

Driven from Waipoua by his elder relatives, whom he attempted to deny access to kaimoana, Taramainuku settled in the Northern Wairoa catchment where he was said to have received land from his Ngati Rangi grandmother Tiheru. Those gifts however were hotly contested by other Ngati Rangi descendants, some of whom were awarded shares with Parore in blocks such as Ounuwhao, north-west of Dargaville. It was asserted by some of the Ngati Rangi descendants that all Taramainuku had received from Tiheru were a number of eel weirs in the area. 115

As already mentioned Taramainuku, claimed by one informant to have been the source of Tirarau's and Parore's mana in the Northern Wairoa district, married Tataia, daughter of the Whangarei conqueror Te Ponaharakeke. A woman of much spirit, it was Tataia who became enraged with her uncle Te Waikeri and his people over their failure to provide kumara for the hakari (feast) for the disinternment of her grandfather Taurahaiti's bones. Consequently, that event had to be cancelled. It was then that Tataia cursed her relatives exclaiming "Ko koutou aku roroi" - You are my fernroot i.e. liable to be eaten by mel Hence the name Te Uriroroi applicable to the ( descendants of Te Waikeri. 116

Because of her reduced circumstances following her and Taramainuku's expulsion from Waipoua, Tataia later was observed at Tangihua by her brother Takahore, who had arrived from Whatitiri, Whangarei, collecting raupo roots to feed her family. Upon returning home Takahore related that he had observed the pukeko (in his dialect the kuihi) eating raupo - thus the name Te Kuihi kai raupo. Although that name subsequently was adopted by Taramainuku's descendants to distinguish themselves from the parent stock of Te Roroa - with whom they maintained an uneasy relationship - the name probably should be regarded as a whanau name, having an inadequate time depth and recognition to be regarded as a hapu name. 117 68

WHAKAPAPA 18 Te Kuihi Kai Raupo Paikea (ofTe Roroa) = Kawa (w) 1 Taramainuku (TE KUIHI) = Tataia (w) . 1 1 1 ------~I------~I------I Haumu Tuha (w) = Te Kawau Whitirua Te Awha Kumi (w) 1 1 1 1 1 1 1 1 1 1 1 Whakakahu (w) Kukupa 1 Te Wheinga Parore Papakakura 1 1___ 1 1 1 1 1 1 1 1 1 1 1 Paikea Tirarau Taurau 1 Aperahama Waata Hemi Neho 1 1 I 1 1 1 1 1 Wi Aperahama Po Pouaka ~------~--I------~------~------~------I I I I 1 1 Haumatua Hopa Takururu Whatitiri Te Paewa = Tonga Kauangarua 1 1 1 1 1 1 I 1 1 1 1 1 1 1 TeWhai Ripeka (Harrison) Hona Hopa Tira Te Paewa TeAwhi Urekainga Mihiterina 1 1 1 1 1 1 I 1 1 1 1 1 Hapata Hana Te Huia Karenapu Hoana Heta Paikea Pera Mohi 1 1 1 1 W. Te Hau Erana M. Kapa 118

~ 69

Kumi above may have been an alias for Waiariki, the mother of Pirika Ngai, who lived with Parore. Waiariki is shown both as the youngest of Taramainuku's children and as the mother of Pirika Ngai in Parore's and Tirarau's whakapapa produced to Grey's 1863 arbitration commission re the affair of Matiu Te Aranui.

Included within the Te Kuihi boundaries were separate interests of Ani Patene, the wife of Pirika Ngai, the source of which seem unclear. Although in 1878 J S Clendon suggested that Ani had succeeded to her late husband's Kaihu land interests - in which event those interests are likely to have been derived from Taramainuku - a separate land court claim to Kaihu 2 block was preferred by Paora Tuhaere on behalf of Ani under her own tupuna, probably either of Ngati Rangi or Te Taou.

Much of the Te Kuihi Northern Wairoa hegemony was artificially created, to the disadvantage of other claimants, by Parore's advocate, Land Purchase Officer J W Preece. Te Uri 0 Hau and other old Ngati Rangi interests within that hegemony were extinguished either by an exchange of land interests or ( by questionable decisions of the Native land Court. 119

Adjacent to the Te Kuihi lands was the Te Roroa tribal heartland territory of the Kaihu valley, including Tunatahi (Oargaville) block, which together with other contiguous Te Roroa heartland territory provided a coastal corridor to South Hokianga Head. It was that heartland territory, in which Te Kuihi as Te Roroa descendants had some interest, which was referred to by the Te Roroa chief Te Rore Taoho before the Native Land Court:

'We are Roroa, not Nga Puhi. Roroa's estate is from the Wairoa to Hokianga".

Similarly, Hapakuku Moetara denied that the Te Roroa tupuna Taitua - from whom Te Roroa claimed Waimamaku lands was of Ngati Whatua. In response to the question "Was your ancestor Taitua a Ngati Whatua?", he replied, "No, Roroa". 1.20 ( N A: • Tutamoe

OPANAKI -Slj-J.'Ii 'It t------L ,f c;off WAIMATA .~ OMU OR 1ii MANGONUI S ¢!!

OUNUWHAO

(

KAIHU2

KAIHU1

Source L & S - Dargaville cadastral map 1971

Parore's 1875 Northern Wairoa Hegemony names of blocks underlined 70

South of the Kaihu stream, the mouth of which provided a natural boundary between Te Roroa heartland and Te Uri 0 Hau adjacent interests, were a number of land blocks of which the mana generally was held by Te Uri 0 Hau and the Te Roroa hapus of Ngati Whiu and Ngati Kawa - either separately or in common. That was the position on both banks of the Northern Wairoa river to the Kaipara harbour.

Some of those lands were derived from Ngati Awa progenitors of Ngati Whiu and Ngati Kawa, or from Haumoewarangi through his sons Rongo (the tupuna of Ngati Whiu and Ngati Kawa) and Hakiputatomuri (the tupuna of Te Uri 0 Hau iwi). In turn, Haumoewarangi's rights were derived either from his tupuna or through raupatu over the old Ngati Awa tribe of Ngati Rangi.

Long reinforced by intermarriage, there had been a later history of military alliances between Te Uri 0 Hau and Te Roroa which survived into historic times. Te Roroa not only had assisted Te Uri 0 Hau tuturu in that tribe's Otamatea and Oruawharo conquests against Ngai Tahuhu, following which Te Roroa had acquired an interest in Oruawharo block as later recognised by ( the land court, but Te Uri 0 Hau had assisted Te Roroa at the battle of Moremunui circa 1807.

Those alliances, both offensive and defensive, had endured into the mid 19th century which witnessed a weakening ofTe Parawhau mana as it was challenged by Te Uri 0 Hau and as economic activity moved south away from Tangiteroria. During Paikea's disputes with Tirarau and Parere, Te Roroa stood solidly behind Te Uri 0 Hau providing military support to the latter tribe. 121

Although the evidence suggests a remarkable Te Uri 0 Hau solidarity during the first half of the 19th century, the same cannot be said for Te Parawhau - with both Tirarau and Waiata communicating to government over local and national issues. In 1840 both chiefs separately complained about timber taken by William White and separately sought Pakeha settlement in their area. In 1845 during Heke's war both chiefs separately expressed their N A ~.

(

(

POUTO ~l> ~ ~-,

o__ -====- __===_":25~~etres After Daamen Ham 9 Y 'JImanui District 1 Ree;o~ ,R 1i996.b Rangahaua

Northern Wairoa Land Blocks Pouto to Dargaville 71

allegiance to the Crown. With Buller's assistance, Tirarau's written rebuttal of Kawiti's offer to jOin his and Heke's forces was forwarded to the governor, thus enhancing Tirarau's reputation as a loyal and influential chief in official circles. As an additional expression of rivalry, Waiata supported the interests of the Roman Catholics against Tirarau's Methodists.

The breaking out in 1859 of skirmishing between Te Parawhau and Nga Puhi, presumably over Mangakahia, and the problems Tirarau was experiencing with Paikea, must have caused some reflection on Tirarau's part as to Parawhau allegiances. Although earlier allies of the Nga Puhi tribal confederation, the Mangakahia dispute had brought elements of Nga Puhi - particularly the hapus of Ngati Pongia of Mangakahia and Ngati Tautahi, Ngati Whakaeke and Te Uri 0 Hua of Kaikohe, as descendants of the old Ngati.

Rangi tribe of Mangakahia, into direct conflict with Te Parawhau. 122

Given that opposition, it is perhaps not surprising that in 1863 before Grey's arbitration commission Tirarau and Parore abandoned their Northern Wairoa claims under Nga Puhi, asserting instead Taramainuku ofTe Roroa as the ( source of those claims. A year later, during Colonial Secretary Fox's visit to Tirarau's kainga at Mareikura, the latter was reticent on the question of tribal allegiances, telling Fox that:

"-the people here are not strictly Ngapuhi's being mixed".

He also expressed the view that:

"The boundary of the Ngapuhi's ought to begin at Mangakahia" - in which event most of the Northern Wairoa district and the kaingas of Tirarau and Parore would have been outside the rohe of Nga Puhi. That Tirarau's and Parore's descendants did not accept that advice is evident from support by many members of Te Parawhau for the Nga Puhi tribal confederation and by the naming of the wharenui at Parore's old kainga of Te Houhanga, Dargaville after the Nga Puhi tupuna Rahiri. 72

Notwithstanding the statement of Tirarau and Parore to the 1863 commission, within the decade both chiefs were asserting before the Native Land Court ( claims to the Northern Wairoa area under Nga Puhi rather than Taramainuku. If Taramainuku was mentioned at all, his descendants were said to be Nga Puhi, not Te Roroa. Overall, the evidence suggests that both Tirarau and Parore positioned themselves along an axis of Te Roroa and Ngati Whatua or Nga Puhi bifurcated allegiances according to their self-interest of the moment. 123

Parore's people - some of whom initially included a segment of Te Uri 0 Hau who had taken shelter with him following the battle ofTe Ika-a-ranganui - were a similar diverse group. Some had connections to Ngai Tawake of Waimate North and Ngati Tautahi ki Kaikohe through Parore's mother Pehirangi - a cousin of Hongi Hika's - and ties to Te Roroa and Te Uri 0 Hau through Parore's father Te Awha.

Others had connections to Te Rarawa. All were related to Tirarau, Parore's brother in law, and to Paikea. Generally, Parore and Tirarau supported each other, taking common positions against their mid 19th century opponents Te Uri 0 Hau and Te Roroa.

The Uri 0 Hau residence with Parore not only is explainable through Parore's Te Roroa relationship to Paikea, but through perceptions of Parore's allegiances at the time of the battle of Te Ika-a-Ranganui. As related by Paraone Ngaweke ofTe Uri 0 Hau, Parore was considered to be a supporter of Ngati Whatua and allies at that time. That allegiance is suggested by Parore's own unguarded comment to the land court that:

" - when the battle of Ikaaranganui was lost" (emphasis mine) the Ngati Apa hapu ofTe Uri 0 Hau was living with him at Kaihu. Clearly, Parore then saw himself as a supporter of Ngati Whatua and allies - rather than of the victorious Nga Puhi tribes - otherwise he would have referred to the winning of the battle. That allegiance also is suggested by the roles of Parore and his

brother in the peace making with Hongi Hika prior to Te Ika-a-Ranganui. 124 73

Te Kuihi evidenced just as much lack of unanimity as did Te Parawhau. Parore's cousin Te Wheinga, who lived apart from the main body of Parore's people at Kaihu, acted independently of Parore in the 1842 muru of Forsaith's Mangawhare store. While Parore seems to have heeded Buller's advice to abstain from the muru, his cousin was one of its active participants. In 1845 both Parore and Te Wheinga separately expressed their loyalty to the Crown.

Although Haimona Pirika Ngai, Parore's cousin, lived with the latter, he complained in 1875 that he had been threatened by Nga Puhi at Te Houhanga, Parore's kainga, and that Parore was asserting sole rights to his mother's land. The dispute between the parties dragged on until at least 1878 when an elderly Parore complained to James Clendon that Haimona had referred to him as his "farm servant". That may have been Haimona's way of responding to earlier unflattering remarks respecting his father. In 1863, for instance, Parore and Tirarau had publicly referred to Haimona's father - and Parore's cousin - as "Pirika Ngai te herehere" (Pirika Ngai the slave). In 1877, in evidence before the Native Land Court, Parore's advocate Taurau Kukupa provocatively claimed that Pirika Ngai, a recognised rangatira, was Parore's ( servant who cooked the latter's food! Seemingly, Parore was happy to traduce his relative's family, but resented being repaid in kind.

According to Clendon, Haimona's parents Pirika Ngai and his wife Ani Patene who "belonged to the Uri 0 Hau and Ngati Whatua tribes respectively" had fled as refugees to Parore after the battle of Te Ika-a-Ranganui. And yet land court evidence of Paora Tuhaere suggests that Pirika, Parore's relative, already was living with the latter at the time of the battle. In either event it seems somewhat ambitious to label Pirika Ngai and Ani Patene as slaves based upon the events ofTe Ika-a-ranganui. There is no evidence that either party was captured by Parore, at that battle, or that Parore participated in the fighting.

It also seems probable that Ani, described by Clendon as a woman of "very violent temperament" in fact was a member of Te Taou, not Ngati Whatua as described by Clendon. Her tupuna Tumupakihi was referred to by Te Otene rVTAMOI M":.;rt

(

-KATANGI

Source JE Tinne's The \f\\)nderful Land of the Antipodes (1873) between pp70-71

Plan of Tinne's Kaihu Estate 74

Kikokiko as of Te Taou. Rather than just regarding himself as a member of Te Uri 0 Hau as suggested by Clendon, her husband Pirika Ngai is on record as describing himself as belonging to Te Uri 0 Hau, Te Taou, Ngati Whatua ( and Te Roroa.

As also related by Clendon, Haimona was "in the habit of making irritating remarks & statements towards Parore" at which that chief took offence. Consequently, Parore demanded of Clendon, as utu, the surrender to Parore of the Simons (Haimona) whanau land known as Kaihu 2A, to which Parore had objected to Ani Patene's interest at the original investigation of title. Obviously, the Crown could not accede to Parore's request. Consequently, the rich prize of the 100 acres Kaihu 2A block, adjacent to the infant town of Dargaville, failed to fall to Parore's grasp.

Further Te Kuihi disunity is suggested by an 1873 inquiry from Puhi Hihi Parore to government as to whether the names of certain native lessors could be removed from the Kaihu flax lease and Parore's own secret 1874 wishes to government to have the names of certain Kaihu owners removed from the

memorial of ownership. 125

All that lobbying not only highlights the important part literacy played in early Northern Wairoa Maori/Crown relationships, but illustrates how chiefs such as Tirarau and Parere readily embraced that tool as a means of promoting their own self interests. The third entry in the infant colony's 1840 Maori Affairs register refers to a letter from Parere seeking redress for a robbery committed by a European, a later September 1840 entry is of a letter from Tirarau offering land for sale and seeking the acquisition of a schooner. As indicative of Tirarau's high reputation in government circles of the time, his schooner

request was approved. Later Tirarau was appointed a court assessor. 126

Both Tirarau's and Parore's Maori Affairs correspondence and relationships with the Crown endured over a period of 40 years. Given the reputations of both chiefs as loyal Crown supporters, it is difficult not to suspect - as in the Matiu Te Aranui 1863 arbitration decision - that those relationships generally

operated to the benefit of both chiefs against their opponents. 127 75

SECTION 3

Te Kopuru Block ( 3.1 Nga Ora 0 Nga Tupuna - The Lives of the Ancestors

When Te Hira returned to the Northern Wairoa district (see Section 1.6) he married Tokaiakina of the Ngati Whiu and Ngati Kawa people and settled down with his wife's people at Te Kopuru, Tikinui and other places. His descendants, who also were tribal members of Te Roroa tuturu, took the names of Ngati Whiu and Ngati Kawa to distinguish themselves from Rongo's other uri at Mahurangi and South Kaipara who called themselves Ngati Rongo.

Apart from her parentage and the fact that her people lived along the banks of the Northern Wairoa river, little is known of Tokaiakina. The daughter of the Ngati Whiu woman Te Mairanga and her Ngati Kawa husband Taratu 1, her mother married Taratu 1 - through whom the Northern Wairoa land interests probably derive - following the death of her first husband Tiro of Te Roroa.

Taratu 1, the second husband, is said to have been related to the Ngati Kawa people of Oromahoe, Bay of Islands. Ngati Kawa, who also have customary interest at Waitangi, Bay of Islands, continue to live at Oromahoe. 76 ~

WHAKAPAPA 19 Ngati Whiu/Ngati Kawa and Ngati Rongo Haumoewarangi = Waihekeao (w) 1 1 Rongo (NGATI RONGO) = Tarawamoa (w) (no Te Roroa) 1 1__ - 1 1 Mahanga (t1) (no Ngati Te Ata) = Tira-Waikato (w) = Ripiro (t2) 1 1 1 1 1 1 Te Hira = Tokaiakina (w) (no Ngati Whiu/Ngati Kawa) 1 1 1 1 ______1_1 1 1 1 1 1 1 1 1 Tauterekura (w) = Kohukohu (no Ngati Rangi, Nga Puhi) Te Whaita alias Murupaenga = Maiao (w) (no Te Uri 0 Hau) 1 1 1 1 1 1 1 1 Ngati Whiu/Ngati Kawa lines continue 128 Ngati Rongo lines continue 77

WHAKAPAPA 20 Ngati Whiu and Ngati Kawa Tuiti = Moengaroa (w) (no Ngati Pou iwi ki Taiamai) 1 1 Riutaia = Huia (w) 1 1 ------~I------1 1 1 Tiro (t1) (no Te Roroa) = Te Mairanga (w) = Taratu 1 (t2) (no Ngati Kawa) Tike (Ngati Whiu hapu) (no Ngati Whiu hapu) 1 1 1------1 1 1 1 1 1 Te Maunga = Te Mahia (w) Te Waiata = Kahukore (w) Tokaiakina (w) = Te Hira 1 1 1 1 1 1 Tuohu = Te Whetu (w) 1------Ohi (w) = Taratu 2 1 1 1 1 1 1 1 Taoho = Pataea (w) 1 1 1 Te Rurunga = Te Taua (w) 1 1 Tiopira Kinaki (c 1820 -1887)

~ 78

Following depredations against them by Nga Puhi, Riutaia's Ngati Pou uri, (shown in the above whakapapa) were forced from their Taiamai and Bay Of Islands homes, hence the whakatauki "He uri pakewa no Riutaia" - a ( wandering descendant of Riutaia. Their final defeat occurred at the battle of Pikoi Taiamai circa 1790, in which Riutaia's grandsons Te Maunga and Te

Toko participated. 129

Although Ngati Whiu and Ngati Kawa are traditionally said to be descent ramages of Ngati Pou - a Ngati Awa tribe originally associated with the Parengarenga area - it is not known when those people took up occupation along the banks of the Northern Wairoa river. Given Paikea's response to S P Smith's 1860 request to inspect a Te Kopuru burial cave: "Go if you like - those bones do not belong to our tribes, but to Ngati Awa who formerly occupied all this country", it is apparent that Te Uri 0 Hau was aware of the

Ngati Awa presence at Te Kopuru. 130

According to the oral record, Ngati Whiu and Ngati Kawa named the site of the old Te Kopuru hospital Pouerua after Pouerua pa, Taiamai. Their pa on ( Te Kopuru was Te Ipumarere, while their urupa were Papakawau and Porotoroa, both named after Taiamai urupa. As related by Reupena Waitai of Ngati Whiu and Ngati Kawa, Papakawau - which also was a kainga site - was the place of internment of his grandmother Tokane. 131

Probably Ngati Whiu and Ngati Kawa already were in occupation ofTe Kopuru and the Northern Wairoa district during the lifetime of the Ngati Pou tupuna Te Taonga. Defeated at Taiamai, he came to visit his Northern Wairoa Ngati Pou relatives prior to renewing hostilities against Nga Puhi. His people are recorded as having occupied Motuwheteke pa, Oruapo block, Northern Wairoa and as having fought against Te Raraku and the Nga Iwi

people from the south at the mouth of the Punahaere creek, Pouto. 132 79

WHAKAPAPA 21 Ngati Whiu as Descendants of Ngati Pou Moengaroa (w1) (Ngati Pou ki Taiamai) = Tuiti =, Marohawhea (w2) (Ngati Pou ki Tamakimakaurau) , , , ,,------, , Riutaia =, Huia (w) Rangihana =, Kuiawai (w) Tutahua (w) = Tauratumaru , , I , , , Te Mairanga (w) (no Ngati Whiu) =, Taratu 1 (no Ngati Kawa) Tarahape ,= Kie (w) (no Te Roroa) , , . Tokaiakina (w) = Te Hira Te Taonga = Waipinerangi (w) 133 80

In later times Ngati Whiu and Ngati Kawa, who also were related to Te Popoto of Hokianga, were living at T e Kopuru when the battle of Te Ika-a-Ranganui was fought. Fetched from Te Kopuru by Muriwai of Te Popoto after the battle for safety reasons, they were escorted to Utakura, Hokianga - from whence they participated in the life of the Wesleyan Mission at Mangungu, Hokianga. Under the general description of Ngati Whatua, they are remembered at Hokianga as having lived during the 1820s in Whakapaka pa, an ancient Ngati Pou pa at Utakura occupied by the Ngati Pou tupuna Tutahua, her husband Tauratumaru and their people. 134

3.2 Te Kopuru Block He Muru, He Utu - Plunder & Restitution

An extensive account of the plunder of T S Forsaith's Mangawhare store and the resultant utu demanded of Maori by George Clarke, Chief Protector of Aborigines, has been provided in Mr. Stirling's evidence (WAI 271 A3 pp 276 et seq) and it is not my intention to repeat that evidence here. Some aspects of the events resulting in the surrender of Te Kopuru block to the Crown do ( however warrant comment as follows:

3.2.1 The Chronology of Events from the Discovery of the Skull's to the Muru.

Even the most cursory perusal of the overall evidence reveals a fundamental conflict between the evidence of Buller and that of Forsaith as to the identity of the discoverer of the skull/s and when the skull/skulls waslwere found. According to Buller during November 1841:

"Some natives waiting for the return tide accidentally picked up a human skull. 135

While, according to Forsaith, his wife:

" - found the skull near the water's edge" about 18 months ago Le. about 81

October 1840 - a fact she curiously only remembered when shown Buller's letter to Forsaith suggesting that the latter offer "the Maori some explanation

( for the skull's presence on his property". 136

As Mrs. Forsaith is said to have removed the skull to the old house occupied by her husband's assistant Elihu Shaw, it seems highly unlikely that the skull would have been lying about the riverbank some twelve months later. It seems just as unlikely that Maori would "accidentally" pick up a skull, or, as Clarke asserted in the absence of recorded evidence to that effect, that the

skull had been seen lying by the water's edge by "many men". 137

According to Stephenson's evidence, the skull was seen in Forsaith's general store by Stephenson, Shaw, Tana (probably Hone Tana Rehua) and Opataia (possibly Opataia Puaatata of Ngati Ue Hokianga) during the seventh month, presumably July 1841. On that basis the skull could not possibly have been discovered near the river in November 1841 as solely related by Buller.

Following the discovery of the skull in Forsaith's general store, "Buller immediately wrote to Forsaith suggesting that he offer the Maori some explanation for the skull's presence on his property and this, together with the persuasions of the christian Uri 0 Hau postponed action. But no reply came. The offended Maori set forth upon their mission of punishment". Buller himself recorded that. due to communication difficulties, "weeks passed

without a reply". 138

Although I have not managed to ascertain when Buller wrote to Forsaith, then said to be away at the south, it is apparent that by January 1842 Maori patience was at an end. Buller later wrote:

"On the 17th January I heard that a muru or robbery had been perpetrated. At once I had my boat launched and repaired to the place. It was true; all that was movable had been carried away; doors and windows smashed; floors and partitions pulled to pieces. Only the house in which Shaw and his family lived was respected. This had been done ten days before at the instigation of 82

Te Wheinga, a notorious cannibal". 139

Accordingly, Buller's account fixes the date of the muru, allegedly instigated ( by Te Wheinga, as 7 January 1842.

Notwithstanding that the muru then was reported by Buller to government in Auckland, it was not until two months later on 11 March 1842 that George Clarke, Chief Protector of Aborigines arrived to undertake an inquiry. Once it is realised that Forsaith, the accused in Maori eyes, had accompanied Clarke from Auckland to Tangiteroria, the possibility arises that Clarke's visit may have been delayed to permit Forsaith's presence at the inquiry. 140

3.2.2. The Presence or otherwise of the Skull/s in Forsaith's General Store

Notwithstanding Clarke's contradictory admonition to Tirarau and tribe that: "Not one of you saw anything", the evidence is overwhelming that at least one skull was seen in Forsaith's general store and accepted as such by Clarke in ( his private communication to Hobson:

"I cannot altogether acquit Mr. Forsaith of acting improvidently in having a skull in his store." 141

According to Tirarau's evidence both he and his half-brother Taurau Kukupa saw a skull in the store. According to Stephenson's evidence a skull in the store was sighted by Shaw, Tana, Opataia and himself. According to Parore, Opataia reported seeing three skulls in the store, two of which had been taken away by Forsaith. Even Forsaith, at Clarke's inquiry, acknowledged the presence of a skull in his store - although he then pleaded ignorance of that fact until apprised by his wife. 142

Forsaith's evidence that the skull ended up in his potato store (as Stirling suggests, a location which would have been regarded by Maori with horror) also seems at variance with at least Tirarau's evidence which infers that the 83 skull was held in Forsaith's general store. It is highly unlikely that there would have been a need for Maori, who reported sighting the skull, to have visited the potato store.

The possibility cannot be dismissed that the potato store location was introduced purely to deflect Maori suspicion that Forsaith was trading in Maori skulls from his general store. Certainly, some 60 years after the event, Maori still were suggesting the presence, prior to the muru, of a number of skulls at the store. 143

3.2.3 What is known regarding the found skulUs

Seemingly, there are two pieces of contradictory information. The first is Tirarau's evidence that at Mangawhare a skull was carried by Maori, after the muru, to the urupa - said to be named Te Hemo, Mangawhare - and there interred. Following internment, the usual tapu removal ceremonies were held.

The second is Clarke's 1842 report, in te reo Maori, published in Te Karere Maori, which asserted that "te parihirihi tupapaku" (the skull) said to have come from the Maori urupa actually was that of a "taurekareka patunga no ngatipaoa ara no ngatiterau" (lit. a slave victim from Ngati Paoa and Ngati Terau). Not only is there no other recorded evidence identifying the tribal associations of the skull - certainly Clarke failed to disclose that piece of pertinent information in his reports to Hobson - but it defies belief that a slave would have been interred in local tapu ground. In itself that act of internment suggests that local Maori regarded the skull as that of a local tangata whenua. l44

3.2.4 Who was Te Wheinga and who were the instigators and participants in the muru

The whakapapa of Te Wheinga, described by Buller as "a notorious cannibal" i.e. a non-Christian, was provided by Tirarau and Parore to Grey's 1863 arbitration commission regarding Tirarau's Mangakahia dispute with Matiu Te

Aranui. It is as follows: 145 84 ~- ~

WHAKAPAPA 22 Descent of Te Wheinga Taramainuku = Tataia (w) 1 1---1------:-1------:-1 -----:-1----1 1 1 1 1 1 Haumu = Tokaitawhia Tuha Whitirua Te Awha Waiariki 1 1 1 1 1 I 1 1 I 1 1 I 1 I I I Whakakahu Kukupa Hopa Te Wheinga Parore Pirika Te Herehere 1 1 1 1 r 1 1 1 1 I 1 . .I 1 1 Paikea Tirarau Taurau Te Tiki 85

Thus Te Wheinga, described by H T Kemp in 1841 as a chief exercising great influence over his people, was a first cousin to Parore and Pirika Ngai and a classificatory uncle of Paikea and Tirarau. As a grandson of Taramainuku, he belonged to Te Kuihi, Parore's people. 146

Although Te Wheinga certainly was an instigator of the muru, as Tirarau's own evidence reveals he was not the only instigator. It was Tirarau who urged Te Wheinga to prepare the side feathers of his waka for the taua. It was Tirarau who, informed Clarke's inquiry that he (Tirarau) had "commenced the outrage and completed it and was then ready to justify it".

As to the muru participants, it is apparent from Tirarau's evidence that he, Paikea, Te Wheinga, Waiata (of Ngai Tahuhu) and Paikea's son Haro took part. Parore, presumably acting upon Buller's earlier advice, probably did not. Given the taua's visit to Otamatea, Punahaere and Hukatere, it safely may be assumed that other members of Te Uri 0 Hau from those places joined in the taua muru, said to be 200 strong. Accordingly, it can be said that at the very least the taua comprised representatives of Te Uri 0 Hau, Te Parawhau, Ngai Tahuhu and Te Kuihi, Parere's whanau.

Notably, Tirarau's evidence records that it was only Paikea and his son who stripped Forsaith's general store and house, although the goods were divided amongst the taua. Having regard to Te Uri 0 Hau customary mana of the Mangawhare block, including the urupa from which they clearly believed the skull had come, that is what we would have expected. 147

3.2.5 Did the Surrender of Te Kopuru block amount to a Voluntary Cession by way of Compensation and who were the Donors

Given Tirarau's defiant response in his letter of 12 March 1842 to Clarke, it seems clear that at that stage Tirarau had no intention of providing any compensation for the muru as sought by Clarke. What therefore made Tirarau change his mind between 12th and 14th March, when it was agreed that Te Kopuru block be handed over to the Crown? 86

The key appears to be Clarke's already completed letter of 14th March, which he handed to Tirarau during their two-hour private meeting -largely, directed to its contents. In my view, that letter reflects a hardening of attitude on the ( part of Clarke towards the question of compensation. His earlier suggestion has now become a demand. He then not only asserted in the govemor's name that the latter ''will cause payment to be made", but threatened a quarrel (war) should that not transpire.

On that basis the handing over of Te Kopuru block scarcely can be regarded as a voluntary act of Maori. In fact, some 60 years later Maori still were speaking of the land as having "been taken by the govt.". 148

Notwithstanding that the evidence suggests that the land surrender was held out by Clarke to be in compensation for Forsaith's losses - and accepted by Hobson on that basis - such an approach was illusory given Clarke's failure to properly quantify both Forsaith's losses and the extent ofTe Kopuru block. As it was, once it was realised that the extent of the ceded land was far in excess of the value of Forsaith's losses, that understanding unilaterally was ( reversed by the British Govemment which treated the cession as the consequence of a penal infliction. Although as Stirling rightly remarks, the basis of this penal infliction is unclear - "there was no court, no judge and certainly no law was cited" - at least the British approach recognised the compulsion inherent in the Crown's acquisition of the land. 149

Clarke's report to Hobson names Tirarau, Paikea, Te Wheinga and others as participants in the decision to cede Te Kopuru block to the Crown. Given that neither Tirarau nor Te Wheinga possessed any customary land interests south of Dargaville, their inclusion in that list - which must have had more to do with mana tangata than mana whenua - is surprising. 150

Despite extensive research, I have been unable to discover any expansion on those names until 60 years later. In 1908 an application by Watikena Taonui ofTe Popoto came before the Native Land Court. The application sought an investigation into the customary ownership of Awahe, also called Oturei No.2, 87

block. The Popoto claim was opposed by Ngati Whiu and Te Uri 0 Hau who were united in denying that that block had been included in a gift to ( Aperahama Taonui some 25 year earlier.

As is often the case with contests before the Native Land Court, the counter claimants disputed with each other - particularly on the question of a boundary between the descendants of Rongo (of whom Ngati Whiu were some) and his brother Hakiputatomuri (Te Uri 0 Hau). Consequently, much contradictory matter was introduced to the proceedings by Ngati Whiu and Te Uri 0 Hau in support, or contradiction, of such a boundary.

In response to the Ngati Whiu evidence of Reupena Waitai that Paikea and Tirarau gave Te Kopuru block away without any right to the land, it was asserted by Paraone Pairama of Te Uri 0 Hau that Pairama (Ngutahi), Arama Karaka (Haututu), Te Hemara (Tauhia), Paikea (Te Hekeua), Tiopira (Kinaki), Pirika (Ngai), Haimona Pirika and Eramiha Paikea - as well as Tipene (Te Waha) and Tamati Whakatara (both of Ngati Whiu and Ngati Kawa) all joined in that gift. However, not only was Pairama's evidence self-contradictory - he also claimed that Te Uri 0 Hau was the iwi, which gave Te Kopuru away - but uncorroborated by any other witness. Additionally, his evidence was inconsistent with earlier evidence accepted by his father Pairama Ngutahi while sitting as an assessor ofthe Native Land Court. In 1867 his father had sat on a case (see section 3.3 hereof) recognising Ngati Whiu and Ngati Kawa, but not Te Uri 0 Hau, interests in Te Kopuru block. Moreover, in 1878 Pairama Ngatahi had declared in Court (Doc 034A) - Kaipara M.B. 3/317- that Te Uri 0 Hau land came southwards to Te Kopuru, presumably to the southern Te Kopuru block boundary.

With the exception of the Ngati Whiu and Ngati Kawa names, the names of Pairama's list appear remarkably similar to a list of chiefs earlier referred to in the Awahe proceedings as having been involved in the transfer of Okapakapa block to Taonui some 30 years after the Te Kopuru cession. Moreover, most

of those named by Pairama then were dead and unc~ble to challenge his evidence. Some ofthose named, such as Tiopira and Eramiha Paikea, 88

probably then were too young to have joined in the cession. Certainly, Tiopira claimed to be out of the district when the muru occurred. Others, such as Haimona Pirika, described as a young man in 1878, are believed not to have ( been born until well after 1842.

Accordingly, it is unlikely that Pairama's evidence is reliable. Given the later sustained protest by Ngati Whiu and Ngati Kawa, it also is unlikely that those people would have participated in a decision at Paikea's kainga to cede Te

Kopuru block to the Crown. 151

3.2.6 What Land Was Surrendered to the Crown

The Te Kopuru boundaries supplied by Clarke at the hui held at Paikea's kainga were recorded as:

"Te Kopuru te Weiki te wahitapu Te Poumarere? Te Awahou Te Ngaha a ki te awa te ara taku te Muka ki tetahi tuhu". ( A suggested rendition of this missionary Maori is:

Te Kopuru, Te Wai(roa). From the wahi tapu Te Ipumarere, Te Awahou Te Ngaha to the stream Aratapu (ara taku) Te Makaka (te Muka) being the other boundary mark (tohu rather than tuhu).

Further elucidation of intended boundaries fortunately is provided by Ligar's sketch map of the land, prepared under instructions of Tirarau. That again names Te Makaka and Te Aratapu streams as the southern and northern boundaries of the land. Erroneously, it also names Te Ipumarere pa as the name of another stream. More importantly, Ligar's sketch map is endorsed with a line as to the lands western boundary intersecting the Makaka and Aratapu streams, under which are inscribed the words "Terai na terepo ke utu" (his covering letter of 24 April to the Colonial Secretary however renders !lutu" as "utan). (

~.----~--4------$

/ ...z;'""/drn.. a.n-d. ~4.~~~:~_~ ... -·f--~·- -.~·J_--·---:;;;af~-;rJj-c C:~-;;'. - ! ,. JtJd ~4~d../6·e'.i!,-%V.z. . ._" '.' '.' ", ...... " ,.1". ~ i • '. ".

Sketch of Te Kopuru Block enclosed in Surveyor General Ligar to Colonial Secretary 28 April 1842 - WAI271 A6 Doc K 89

Again, a suggested translation here is:

The line (teraina) (from) the swamp inland (ki uta). (

As Stirling has remarked, on Ligar's locality map the Aratapu and Makaka streams are shown as extending a short distance past the large swamp shown somewhere about the middle of the block. It is from the eastern limit of that swamp, I believe, that Tirarau and others intended the western boundary of the ceded land to run. By extending the land's western boundary to the West Coast, the Crown could have wrongly seized 3000 to 5000 acres of land not intended to pass to it by Tirarau and others.

It also seems apparent that in imposing from the mouths of the Aratapu and Makaka streams straight lines as the north em and southern boundaries of the block - rather than following the courses of those streams as intended by Maori - Te Kopuru land was left in both the adjoining blocks of Tatarariki and Oturei. The Makaka stream strikes inland into Tatarariki block and then moves back inland into Te Kopuru block, leaving a wedge of land which ( probably is that referred to by Rogan on 8 April 1857 as a small piece of land lying between Te Kopuru and Tatarariki blocks. Likewise, the Aratapu stream arcs into Oturei block before retuming to Te Kopuru block. That arc almost certainly is the location of the wahitapu and kainga known as Papakawau, which was the subject of an 1875 complaint to John White and an 1891 application to the Maori Land Court. 152

In 1875, consequent upon the 1873 survey of Oturei block, Henare Taramoeroa of Ngati Whiu and Ngati Kawa complained to John White over the wrongful taking by the Crown of the papakainga Papakawau. In asserting in his letter that: "Tirarau and others gave what was not theirs", he also presumably referred to Te Kopuru block.

A translation of his letter reads:

"The Aratapu section of the Wairoa Kaipara (

Boundaries of Te Kopuru Block enclosed in Surveyor General Ligar to Colonial Secretary 28 April 1842 - WAI271 A6 Doc K 90

March 8th 1875

To John White

Sir greetings, a friendly letter from me to you. My land is Papakawau at the western side taken in by the surveyors, the place outside the line according to Aperahama Taonui next to the line ofTe Kopuru adjoining the line shown by Tiopira and others to you at the time of the signing at Aoroa. The split was in the middle of these lines. Both were taken by the surveyors. Stolen! Your word to Tiopira and the others about this line was different to what is written. We note a mistake in the marking of the division.

My word to you is this: Come to the Court at Awaroa. When you arrive at the court at Wairoa I will see you and we will talk. Tiopira is going to court at the same time. I am most aggrieved about this place. I beg you to come because this place left to me is not my land. Tirarau and others committed theft because they gave what was not theirs and the surveyors also stole this land. (

Enough of my words to you.

Henare Taramoeroa

Aratapu, Wairoa, Kaipara" 153

Although I have been unable to ascertain the fate of Taramoeroa's complaint, there seemingly was no adjustment to the southern boundary of Oturei block. Papakawau remained a cause of concern to Ngati Whiu and Ngati Kawa until at least 1891 when an application for investigation of its customary title was made to the Native Land Court.

3.2.7 Did Clarke undertake a Full and Fair Inquiry and what Steps did he take to ensure that he was dealing with the Proper Owners of the land.

Any perusal of the evidence relating to the circumstances leading up to /fZ. ;{0 P ltlZ t.t-- 13.L9C~

;f/11AI(A 1<.[«5' 1.3 ,1./1 c. K

(

Source SO 1417C and Plan 2658

Te Kopuru Bock and the Makaka and Te Aratapu Streams - a reconstruction by G Hooker 91

Clarke's inquiry of 12 March 1842, the inquiry itself and the events resulting in the cession of Te Kopuru block to the Crown can only raise questions as to the integrity and propriety of those events. (

Firstly, one is struck by the fact that although the terms of Clarke's instructions were to investigate the muru, his visit resulted in a forced and unauthorised surrender of land for that muru, that, rather than reflecting the more compassionate and understanding attitudes of a protector, his reports indicate a preoccupation with the display and exercise of magisterial authority in a frontier society. Those reports may also indicate some confusion in Clarke's mind as to whether he was acting as protector or magistrate.

Although Clarke also was a Justice of the Peace and had been empowered to compromise or adjust, in accordance with Maori custom, minor Maori offences or disputes, it seems difficult to regard his forced cession of Maori land as a compromise or adjustment. In any event, the question needs to be posed whether that action was compatible with Clarke's duties as a protector and with the Crown's Treaty of Waitangi duty of active protection of the Maori ( interest. 154

Further concerns arise over the following specific actions or omissions of Clarke:

1. By travelling from Auckland with Forsaith, the accused in Maori eyes, Clarke left himself open to the allegation that he may have permitted his interpretation of the facts to become biased. There is nothing in the record, for instance, to suggest that he and Forsaith avoided private discussion on the subject of his inquiry. Moreover, upon reaching Tangiteroria, Forsaith stayed the night with a hardly disinterested Buller, affording yet another opportunity, for private discourse relative to his inquiry.

Buller had experienced problems with muru and had strong views in that regard. His encounter with a taua muru seeking payment for an 92

alleged offence of his cook some time after the Forsaith plunder indicates that Buller viewed muru as extortion, against which an implacable stand was necessary:

"This is a typical case of an annoyance that often happened, and had

always to be met with a firm stand against extortion". 155

2. He returned to Buller's home on the evening of 12 March to calculate Forsaith's losses, no doubt with assistance from his fellow guest Forsaith, away from Maori input and scrutiny.

3. The alacrity with which he accepted Forsaith's explanation as to the origin of the skull in the latter's store, over Maori evidence, certainly raises the possibility that the outcome of his inquiry may have been predetermined. Had there been no Maori opposition on the question of compensation, the inquiry would have been over in time for lunch.

A predetermination also is suggested by Clarke's flowing account (in Maori) published in Te Karere Maori of2 May 1842, of which a translation follows:

"We begin here, when news reached the Governor that Forsaith's house had been plundered by Tirarau and others, the chief of the Wairoa area, having learned the cause of their concern a dead person being seen of Maori laying in the shop of Forsaith, they assumed the skull came from the cemetery instead it belonged to a slave from Ngati Paoa and Ngati Terau, but as far as they were concerned coming from the cemetery, this news of plunder he called Clarke -", an inference from which is that Clarke and Hobson had reached a view, prior to Clarke's inquiry, that the skull had not come from the urupa. If such an inference is justified, that view only could have been derived from

either Buller or Forsaith. 156

4. By admitting in private, the lunch recess evidence of the Tangiteroria 93

Mission slave Paora Tokatea, he deprived other inquiry partiCipants of a right of cross-examination. As a Christian slave, Paora must have been dependent upon Buller and vulnerable to subornation. He certainly is unlikely to have had any kinship loyalties towards tangata whenua.

Notwithstanding that Paora had not attended the inquiry and accordingly had not heard Forsaith's evidence as to his wife's discovery of the skull, he (paora) was able to declare that "he saw a skull laying about the fern near the spot described by Mrs. Forsaith as that where she found it" - without, of course, specifying that spot. Not only was Paora's evidence hearsay, in respect to which he may well have experienced difficulty under cross-examination, but it clearly had been

coached. 157

5. In an apparent effort to avoid besmirching Tirarau's reputation, he publicly exonerated Tirarau and others from responsibility for the muru, notwithstanding Maori admissions in that regard. A translation of his ( account in Te Karere Maori is:

"We have looked for the culprit and found no one so we conclude it is a purely simple case, no reason why this should have happened. I consider payment for this unfortunate happening not agreed to by Tirarau and others".

If Clarke seriously thought Tirarau and the others had not agreed to the

muru, why did he force compensation for that act upon them? 158

6. He saw Tirarau's position in feudal terms, looking upon him as te tino

rangatira 0 Te Wairoa - the quintessential chief of the Wairoa - presiding over his tribe, when in fact Tirarau's people comprised at least three rival groups - Ngai Tahuhu under Waiata, Te Uriroroi under Rewi and Te Parawhau tuturu under Tirarau - and he lacked the power ascribed to him. Tirarau, of course, also had no control over the 94

people of Paikea and Parore.

It probably had much to do with Clarke's attitude towards Tirarau that he failed to undertake any inquiry as to the proper owners of Te Kopuru block. He seems to have assumed a control of all Maori processes by Tirarau which that chief could not possibly have possessed or desired. According to the record, Clarke did not seek a single Maori assurance that he was dealing with the proper owners of the land. In his determined haste to secure land, he also apparently failed to seek the advice of Buller who, from his Mangungu days, must have been aware

of Northern Wairoa tangata whenua living away in Hokianga. 159

7. He was curiously unconcerned that, contrary to Maori custom, Tirarau would , or could, not point out to him on the ground the boundaries of the ceded land and that, accordingly, he was unable to ascertain whether that land bore any relationship to the losses suffered by Forsaith. The boycott implicit in Tirarau's action, repeated again with Surveyor-General Ligar, should have alerted the Crown that all was not tika (correct) in the cession of Te Kopuru block.

As a postscript to this affair, some four months after Clarke's inquiry Buller visited Auckland obtaining an interview with the soon to die Hobson. Buller then secured the governor's permission to request from the Colonial Secretary a grant of land for an Auckland chapel. The site granted was that later occupied by the Auckland Magistrates' Court,

between Chancery Street and Victoria Quadrant. 160

Some 27 years later a middle-aged Buller, upon returning to the scenes of his youthful labours at Tangiteroria, recorded that he had found Aotahi, Tirarau's pa, reclaimed by the forest. He met his old friend and protector Tirarau who, notwithstanding his twelve wives, had no living children and moved on to Mangawhare. His journal records:

"This place was bought 30 years ago by Mr. T (now Revd T S Forsaith 95

of Walham) who for some time continued trading and farming. A few years after when the place was in charge of a farm manager some natives accidentally found a skull & supposing it to have been taken ( from an adjoining burial ground, instigated by old Weinga they stripped the place of everything. Afterwards they were duped that it had been

washed thither by a flood & they gave land in compensation". 161

Apparently the skuli/s after all had come from the urupa, as believed by Maori. In that event Maori must have been justified in exercising their treaty guaranteed customs in muruing Forsaith's store.· If that fact was known to Buller in 1842, it is difficult not to believe that it also was known to Clarke, the propriety of whose conduct in compelling the surrender of Te Kopuru block now seems even more questionable.

But if Maori satisfied the Crown by ceding land, which they did not own, for an offence, which they did not commit, who in fact had been duped?

3.3 Te Kopuru Block ( He Wero - Challenge

Possibly the first voice of Ngati Whiu and Ngati Kawa challenge to the taking of Te Kopuru Block was raised in 1847 and maintained until at least 1891. Its chronology may be tabulated as follows:

3.3.1 Hone Tana (Rehua) of Ngati Whiu and Ngati Kawa to Native Secretary March 1847 disputing the Wairoa claim of Goodfellow and Cleghorn. Although I have been unable to associate that claim with Te Kopuru block, given Rehua's later involvement with the protest over Te Kopuru, it is worth recording. As neither the name Goodfellow nor Cleghorn appears amongst Old Land Claimants, their claim presumably was post 1840. Native Secretary Symonds' response confidently assured Hone Tana that the governor would not permit those Europeans to hold the

land unless it had been fairly purchased. 162 ! P' ~OP.OA

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Te Kopuru Block 1924 96

3.3.2 Rogan to McLean 26 February 1857 advising that a portion of Forsaith's Old Land Claim had been repudiated by the natives. Although Stirling suggests that the repudiators were Te Uri 0 Hau, in ( my view, given later protest, they are more likely to have been Ngati Whiu and Ngati Kawa. Those people could well have realised from the line ofthe recently cut Tatarariki block northem boundary (1857), that the common Te KopurufTatarariki boundary did not follow the course of the Makaka stream and was too far south.

I am unable to support Mr. $tirling's interpretation that the repudiators must have been Te Uri 0 Hau since "Rogan then links the settlement of the Te Kopuru dispute to the purchase of a large area of land in the locality - ". In my view Rogan does not link the Te Kopuru repudiators with the purchase of a large tract of land, probably Oruapo block, in the vicinity. What he does is link the survey of the Uri 0 Hau owned Tatarariki block with the acquisition of that iwi's shared interest in Oruapo block. That interpretation seemingly is supported by the absence of continuing Te Uri 0 Hau repudiation over Te Kopuru block. (

Rogan's text reads as follows:

"The north em boundary of this block" (Le. Tatarariki) "is supposed to be common to land which has reverted to the Crown being an old land claim of Mr. Forsaith's a portion of which however the natives now repudiate, the land on the southern boundary" (Le. ofTatarariki block) "belongs to a section of the Ngati Whatua tribe and it is probable that a considerable tract of land in this locality will soon be offered for sale but I found it necessary to have the survey of this block executed in the first instance as the natives wished to make it a separate arrangement" .

If the wrongful inclusion of part of Te Kopuru block in the Tatarariki survey is a correct assumption, it presumably would not have been in Te Uri 0 H Hau's interests to repudiate the Te Kopuru cession. By so 97

doing, they ran the risk of the Crown reducing the quantum of purchase

money payable to them on the Tatarariki purchase. 163

On the other hand, Rogan's 1865 specific reference to the northern boundary of Te Kopuru being disputed, suggests an encroachment involving Oturei block. That interpretation is reinforced by the actions of Tiopira and Tamati Whakatara in requesting an adjournment of the 1867 Land Court hearing (see post) to enable the north west boundary of Te Kopuru block to be inspected. In the opinion of this witness, the evidence first indicates protest regarding the south em boundary of Te Kopuru block followed by similar protest regarding the block's northern boundary.

Rogan's letter of 17 January 1865 to the Acting Native Secretary records:

"There is also a block of land called Te Kopuru on the Wairoa river ( which has been given over to the government many years ago in compensation for a robbery committed on Forsaith's store the northern boundary of which has been disputed by the natives and which

previously has been reported by me". 164

3.3.3 Rogan to Chief Commissioner 5 August 1861 advising that Rapana (Tuaea) and Ngati Kawa, who represent themselves as the true owners,. repudiate the cession of T e Kopuru block:

"A block of land (Te Kopuru) situated on the Wairoa river and adjoining the Tatarariki purchase which Rapana and his people hold in dispute. The land was made over to govemment many years ago by way of compensation by a number of Natives who were connected with the robbery of Mr. Forsaith's store at Mangawhare, the particulars of which are known to the Govemment: but as I have not been able to trace the documents connected with the cession of this block, I declined to express an opinion on the matter to the parties who represent 98

themselves to be the real owners of the land and who now repudiate the transaction". ( "There is a correspondence in the Land Purchase Office with Rapana, who is the principal person objecting on the part of the Ngati Kawa

tribe". 165 That correspondence has not been traced.

Although Rogan's letter may suggest that he was seeking a deed of cession of Te Kopuru block to the Crown, there is no evidence that such a deed ever was in existence. The Crown's failure to obtain such a deed from Maori can only raise questions as to the legality of its own title to the block.

3.3.4 1866/7 - Native Land Court claim ofTiopira Kinaki and Tamati Whakatara of Ngati Whiu and Ngati Kawa to Te Kopuru and Aratapu (both of which were included within the boundaries of Te Kopuru block - see post). ( In 1865 the first sawmill in the Northern Wairoa district was established at Aratapu by Andrew Bonar. Its appearance may have provided a catalyst for the above application, which first seems to have been

mentioned by Rogan in a 3? April, 1866, letter to Fenton. 166 Drawing the Chief Judge's attention to "two claims to land which have been advertised for hearing at the Native Land court here on 27th inst called Te Kopuru and Aratapu situate within the Block of land called Te Kopuru -", Rogan went on to remark that Fenton probably was aware that the land had been given over to government by Tirarau and Paikea as compensation for the earlier robbery committed against Forsaith's store.

Rogan continued:

"The valuable part of this land has been cut up and disposed of. Mr. Bonar has a saw mill erected on the Aratapu which gives employment 99

to 30 or 40 men and there are other settlers living on the place in dispute all holding Grants from the Govt. The natives have threatened ( for some time to take possession of the land and a number of Hokianga natives who have lately come to settle on the Wairoa have joined them and if some mode of adjudicating this claim be not adopted I am afraid it may become a second Pukekohe case. I have however prevented the natives for the present from interfering with the mill by promising to call the attention of the Govt. to the matter".

That the focus of the Court application may have been Bonar's sawmill not only is suggested by Rogan's comment, but by an earlier remark of Tamati Whakatara's in court that Aratapu specifically should be given back by the Crown. Rogan's comment as to Hokianga natives supporting the claimants seemingly refers to Aperahama Taonui's Te Popoto people who traditionally are said to have settled in the Northern Wairoa district in the 1860s and to have been given land by Te Roroa.

Although Rogan's letter to Fenton adverts to a hearing of the Native Land Court on "27th inst", he presumably was referring to a hearing which, according to Kaipara Minute Book 1, took place at Te Awaroa (Helensville) on 27 March 1866 i.e. 27th ult. Presiding were Rogan and Winiata Tomairangi and Matiki Kuha as native assessors. Notwithstanding that the court minutes of that hearing fail to make any mention of Te Kopuru block, Rogan's letter to Fenton also records:

'When the claims were read over in Court the history of the Kopuru was stated by myself as far as I was acquainted with the subject. It was explained that I was uncertain whether the land court has jurisdiction over land, which is held under Crown Grant, and that in the absence of documents and the evidence of the two chiefs who ceded the land to the Govt. I could do no more than merely argue the matter with them".

"Tamati Whakatara then stated that the Kopuru alone should be given 100 for the robbery and that the Aratapu should be given back.

"Tiopira claimed the same place from his ancestors and denied the right of Paikea and Tirarau to give this land away as he was at Hokianga at the time the property was taken. One of the Native Assessors acting with me at the time gave the natives such encouragement to pursue their claim and having ascertained that he was in some way connected with the natives I felt that he was not a proper person to adjudicate on this dispute. I therefore adjourned the case for the next sitting of the Court" ..

In denying the right of Paikea and Tirarau to surrender Te Kopuru block to the Crown, Tiopira merely reinforced the consistent Ngati Whiu and Ngati Kawa positions taken by Rapana Tuaea in 1861 and later by Henare Taramoeroa in 1875, by Te Waitai Tuaea and Hone Tana Rehua in 1881 and by Reupena Waitai in 1908. Tamati Whakatara's statement, it is suggested, needs to be seen against the backdrop of Rogan's not encouraging remarks as to a settlement of the Maori claim and as an attempt to recover some of the Ngati Kawa and Ngati Whiu losses.

It is almost certain that the assessor, who presumably saw merit in the Ngati KawalNgati Whiu claim was Winiata T omairangi, the most competent of the Northern Wairoa and Kaipara assessors and the only assessor connected to Te Roroa. ATe Rarawa chief, Winiata was married to Moetara's daughter Ngahiraka, whose first cousin Hapakuku Moetara was a chief of both T e Roroa and Nga Puhi.

Accordingly, Winiata was connected by marriage to the Te Roroa principal chief Tiopira Kinaki.

Their relationship is detailed on the following page. 101

WHAKAPAPA 23

Relationship between Winiata Tomairangi and Tiopira Kinaki

TEROROA NGAPUHI

1 1 1 1 Taoho = Pataea (w) Te Whata = Kaikino (w) Rewha = Te Ketekopuru (w) 1 1 1 ______;1 __ 1 1 1 1 1 1 1 1 1 Te Taua (w) = Te Rurunga Te Hana (w) = Rangatira Moetara Moetara = Kohau (w) 1 1 1 1 1 1 1 1 1 Tiopira Kinaki Hapakuku Moetara 167 Ngahiraka (w) = Winiata Tomairangi

'- 102

On 14 May 1866 Rogan advised Fenton that the Te Kopuru dispute would be determined at a sitting of the Native Land Court to be held in the Northern

Wairoa district. In the meantime, Fenton apparently had involved Land ( Purchase Officer John White for on 13 August 1866 Rogan wrote to Fenton acknowledging a copy of a letter sent to the latter by John White requesting an adjournment of the case. Rogan helpfully told Fenton that he would endeavour "to detain the natives at Maungawetere" (Mt. Wesley alias Aoroa near Dargaville) "to give Mr. White an opportunity of attending the Court" but as there was a scarcity of food at that locality and as Tiopira "the principal claimant" was from Hokianga, he doubted whether he could prevail upon the natives to remain. 168

The case was called over before Rogan and Winiata Tomairangi and Wiremu Tipene as assessors on 4 September 1866, but was further adjourned due to the non-appearance of John White. It was not until six months later, on 3 April 1867, that White finally appeared before Rogan and the Uri 0 Hau assessors Pairama Ngutahi and Matiki Kuha to announce that he had made some arrangements - though not final - respecting the land. Notably, the Uri ( o Hau assessors are not on record as objecting to the Ngati Whiu/Ngati Kawa claim. Tiopira and Tamati Whakatara then requested an adjournment to enable the north west boundary ofTe Kopuru block to be examined on the ground.

The following day White appeared in Court to announce two out of court settlements respecting the land:

1. A settlement of which the subject matter was not stated but for which consideration of 50 pounds had been paid on 2 April 1867 i.e. on the day prior to the hearing. Given the timing of that payment, in my view it is unlikely to have related to the matter that was still of concern to Maori the following day i.e. the north west boundary of Te Kopuru block. On that basis, the payment may have related to the disputed southern boundary of Te Kopuru block .. 103

2. A settlement, for which 20 pounds was payable, respecting an encroachment into an adjoining block when Te Kopuru block was surveyed by Gundry. Although there also is no trace of a survey plan by Gundry, in my view it is likely that the encroachment was into Oturei block, then also held by Ngati WhiulNgati Kawa. Given Maori interest in the north west boundary of Te Kopuru block expressed at the Land Court, that encroachment seemingly was on Te Kopuru block's northern coastal boundary where wahitapu existed. Additionally Ngati Whiu/Ngati Kawa may well have been concerned that the Te Kopuru survey encroached into Lake Kapoai, an important local food source. 169

Notwithstanding that the deed/s of settlement were said to be attached to the claim, they have not been located. In their absence we can only speculate as to:

1. Why the Crown recognised Maori claims to Crown land.

2. Whether the Crown saw the out of court settlement process as a means of circumventing a lack of jurisdiction of the Native Land Court.

3. Why Rogan took judicial note of the Crown arrangements knowing the land to be Crown land and having earlier suggested to Fenton that another judge and assessors ought to sit on the case.

4. Why Rogan took judicial note of the arrangements knowing that the substantive issue of Maori equitable title to the whole Te Kopuru block had not been addressed. In so doing, did he discharge the Court's pater familias duty to Maori and, as an agent of the Crown, the latter's Treaty ofWaitangi responsibilities to Maori?

5. Whether the payments made to Maori were adequate and whether Maori received independent legal advice prior to completing the agreemenUs. On the basis that the court's pater familias role was excluded from the transactions, did the Crown have a duty to ensure 104

that Maori received independent legal advice?

6. Why, regarding his earlier comments regarding Winiata Tomairangi, did Rogan permit the Uri 0 Hau chiefs Pairama Ngutahi and Matiki Kuha to be involved in the hearing. Given Paikea's historical involvement with Forsaith's robbery and the cession of Te Kopuru block, was it appropriate to have Te Uri 0 Hau assessors involved at all in the case?

7. What did the total consideration of 70 pounds actually relate to.

Having regard to Rogan's statements re boundary claims, the quantum of payments made, White's concession that his arrangements were not final and continuing protest by Ngati Whiu/Ngati Kawa over the loss of Te Kopuru block, it seems likely that both payments could only have related to boundary disputes. Those payments certainly are unlikely to have discharged the Crown's Treaty ofWaitangi duty to have paid Ngati Whiu/Ngati Kawa an equivalence in money of the value of the whole T e Kopuru block, should those hapu have wished to have sold to ( the Crown. In fact, not only is there no evidence of such a wish, but it is inconceivable - given their urupa, wahitapu, kainga and mahinga kai on the land - that Ngati Whiu/Ngati Kawa ever would have willingly agreed to sell the whole block to the Crown.

Some 40 years after the 1867 arrangements, the above payments were remembered in evidence of Reupena Waitai of Ngati Whiu/Ngati Kawa before the Native land Court:

" I know of Kopuru being taken by the Govt. The reason why Paikea and Tirarau gave the blk away was on alc of a certain store at Mangawhare. The reason why store was taken was because the Europeans took away the skulls from the sacred place called Te Hemu at Mangawhare who belonged to Te Uri 0 Hau. That is why those persons gave the land away but it did not belong to those persons but \ to the descendants of Rongo". 105

"When I was a grown up person I went to Mr. Webb who was in charge of the land and reed 70 pounds. That land passed when two persons ( gave land away but my persons went and demanded money and got it. My people objected to the giving away of that land & they asked that they be paid for it. Paikea who gave land away belonged to Te Uri 0 Hau tribe but he did not pay for the land."

Reupena, a nephew of Rapana Tuaea who made the 1861 complaint to Rogan, not only confirmed the 1867 payments, but recorded that his people sought payment for the whole block. The latter decision, no

doubt, lay at the base of continuing protest. 170

3.3.5 1878 Agitation by Tiopira Kinaki and Hone Tana Te Rehua of Ngati Whiu/Ngati Kawa for the return of Te Kopuru block. It should be noted that, according to the Ngati Whatua Kaipara register 1877, Ngati Kawa

then continued to live at Te Aratapu under Hone Tana (Rehua). 171

3.3.6 Petition No. 171 of 1881 by Te Waitai Tuaea (father of Reupena Waitai) and Hone Tana Rehua of Ngati Whiu/Ngati Kawa to the House of Representatives. The petition recited that their land Te Kopuru was wrongly taken from them to compensate for offences committed by others and that they prayed for its return.

The Native Affairs Committee book records:

"Mr. Lewis" (a local M.P.) "gave evidence on the petition which was not taken down on the motion of Captain Russell".

"RESOLVED that claim of the petitioners, if any, is against their own tribe - the committee has no recommendation to make. Resolved that the Chairman do report the following resolution to the House".

The Te Kopuru village s~ttlement, with its timber mill opened in 1872, had been well established by that time. Some three years earlier the 106

village settlement was described as " - like the port of some thriving inland city. There were 50 houses in the settlement, with 200 men employed in the mill and forest". It is unlikely that European occupation of the disputed land would not have been brought by Lewis to the committee's notice.

Although the committee's resolution was not inconsistent with an interpretation that the Ngati Whiu/Ngati Kawa claim was against Te Uri o Hau, on that basis the committee's resolution would have been wrong in fact - Ngati Whiu/Ngati Kawa never being part of Te Uri 0

Hau, but of Te Roroa. 172

More importantly, the committee's resolution denied the Crown's historical actions, responsibilities and obligations to Ngati Whiu/Ngati Kawa under the Treaty of Waitangi.

3.3.7 Ngati Whiu and Ngati Kawa claimants wrote in 1882 to Chief Judge

Fenton of the Native Land Court. 173 (

3.3.8 1886 Court application by Hone Tana Te Rehua of Ngati Whiu/Ngati Kawa to test the validity of a Te Kopuru Crown Grant issued to Hardy. Although no record of those proceedings has been traced, it is assumed that the case was lost by the applicant due to inherent difficulties in overturning a Crown Grant.

3.3.9 In 1888 Piipi Cummins (Tiopira), daughter ofTiopira Kinaki, was delivered at Aratapu of her eldest child who eventually became the mother of Ned Nathan (deceased). In commemoration of the depredations against Ngati Whiu/Ngati Kawa in the loss of Te Kopuru block, Hone Tana Rehua, as a local kaumatua, named the child Urikore (annihilated descendant). Prophetically, the names Ngati

Whiu/Ngati Kawa no longer are heard at Aratapu and Te Kopuru. 174

3.3.10 - 1891 Native Land Court applications for inquiry under the Equitable 107

Owners Act 1886 respecting Te Kopuru, Te Aratapu and Papa kawau. There were four applications as follows:

1. Application No.7 Te Aratapu (Crown land)

Applicants were Haimona Pirika Ngai, Henare Wharara Toka, Reupena Waitai, Mohi Ruru, Matiu Te Aka, Matire Waitai, Wiremu Hohepa, Honetana Rehua, and Hone Toka, Ngina Paora, Tamati Pohe Whakatara, Tutanekai, Pohe Mohi, Mohi Waitai, Parata Toka, Te Ngore Mohi and others.

2. Application NO.8 Te Kopuru (Crown land)

Same applicants as Te Aratapu.

3. Application NO.9 Te Kopuru and Te Aratapu (Crown land)

Applicant Honetana Rehua.

4. Application No. 10 Papakauau (correctly Papakawau)

Same applicants as applications 7 and 8 above.

Apart from Haimona Pirika Ngai and Henare Wharara Toka, who I believe were acting as advocates for Ngati Whiu/Ngati Kawa, all applicants belonged to those groups. In stark contrast to the 1867 Court proceedings, the Te Kopuru/Te Aratapu applications were dismissed on the basis that they could not be dealt with under the Act, presumably because they affected Crown land. The Papakawau

application was dismissed as the land was unknown to the Court. 175

Although in 1917 Haimona Pirika and 32 others, described as belonging to the Ngati Whatua and Te Uri 0 Hau tribes, petitioned Parliament in connection with the Tokatoka, Whakahara, Te Kopuru, 108

Whakatu, Whenua Rahui and Mangawhai blocks, it is apparent that that petition embodied a blanket claim in which the petitioners displayed no real knowledge of the historical background of Te Kopuru block. It also needs to be stressed that, like Henare Wharara Toka,

Haimona Pirika was a local activist for Maori Land rights. 176

In 1867, 1881 and 1891 formal opportunities were presented to the Crown to undertake full and comprehensive inquiries into the customary ownership of Te Kopuru block and its loss by the Ngati Whiu and Ngati Kawa hapus of Te Roroa. That the Crown, presumably on the basis of private titles and technicalities, failed to seize those opportunities to discharge its Treaty ofWaitangi duty of active Crown protection of the Maori interest, not only is a sad reflection on Crown choice in matters of cross-cultural conflict in this country - but suggests evidence of colonial negligence.

( 109

SECTION 4

4.1 Tikinui Block Nga Tapuae 0 Nga Tupuna (The Footprints of the Ancestors)

Much associated over time with the ebb and flow of warfare and its fortunes, Tikinui is first associated in tradition with the tupuna Haumoewarangi and, following his death, with his sons Rongo (the progenitor of Ngati Rongo, Ngati Whiu and Ngati Kawa) and Hakiputatomuri (the progenitor of Te Uri 0 Hau). Rongo's pa on the block was Ngarerekura (also called Orerekura), a signalling pa almost impossible to take by surprise due to the presence of warning ducks.

Attacked by the Waima, Hokianga people under Hereure, the invaders were beaten off from Ngarerekura by Rongo. Subsequently Hereure returned with the warrior brothers Te Waha 1 and Te Hawato - the sons of Te Rarau - murdered Rongo in the pa Motuwheteke on Oruapo block and bore off his granddaughter Pare to Hokianga. in

As a young man Te Hira, Rongo's great grandson, returned to Tikinui from Kaipara living with his wife in Tikinui pa and attending his cultivations named Tikiapa and Te Huehua. Seemingly, the Uri 0 Hau tupuna Te Awa with her people also then lived on the block. 178

Later a taua under the Kaipara chief Pateoro invaded Waima, seeking the Ngati Korokoro rangatira Haunui who had instigated Haumoewarangi's Kaihu grandson Tumupakihi to kill a man named PatataL Haunui, who had fled to Waima from his enemies, was found and killed by the taua at the kainga Otiati, near the mouth of the Waima fresh water stream. His companion Te Kawau of Ngati Hurihanga however escaped, taking refuge in the ana tupapaku at Waima named Matuakai, before being found, captured and decapitated by the taua. 179 110

Te Kawau's son Te Waha 2 later descended upon Kaipara seeking utu for his ( fether's death. Surprising some people shark fishing. he destroyed them. He then attacked and took f'outo and other pa - including probably MQtywhateke pa under Te HekeUIl of Te Uri 0 Hau. At Motuwheteke for many years Te Waha 2 established his headquarters from which he mounted raids in an endeavour to conquer the Northern Wairoa district. Eventually part Of his fIlrmy returned nome leaving him with a reduced fores, which was defeated at Motuwheteke by Te Waiata. Taoho and Hukeumu of Te Roroa. Although it is not recorded whether Te Uri 0 Hau joined Te Roroe in the attack on Motuwheteke. given other COf'ltemporary military alliances betvJeen those tribes such participation seems likely. 11K!

Consequent upon depredations by Pokaia of Nga Puhi, who also was seeking to gain control of the Nortliarn Wairoa district, the Roros Chiei'$ fortlfled Tikinui pm to which Pataea. TaOho's wife, had a claim. During the absence of Taoho and others on a fishing expedition, the p8 was surprised snd overwl'\elmed by ( Taurawhero Of. Ngati Maanu. Most of the women and children in the pa were killed. Later Taurawhero returned to Tikinl,l! with e taup of Ngati Korok.Oro.

N~eti Maam.! and Te Hikutu from Hokianga. but was defeated by Te Waiata, Tache and Hukeumu. Tsoho continued to live in Tikinu; pa where his

.deughterTe Taus was born. Hit

In '1820 the pa was visited ~y the perambulating missionary Samuel Marsden, who, in response to raids then being conducted by the Ngetl Rahia chief Tarena, found It ready for battle. The chief in ehargew~s Te Toko-c-.te-rangi who, five years later, was to fan at the battle of Te Ika-a~Ranganui. He waS Of Te Rowa and Te Uri 0 Hau.

Hi$ whakspapa is oot out on the following page. III

WHAKAPAPA 24

Te Roroa Iwi Te Uri 0 Hau Iwi

Manumanu = Maearoa (w) 1 Ngaengae Haumoewarangi = Waihekeao (w) 1 I Rangiwhatuma = Whakahaerea (w) Hakiputatomuri = Kuiateao (w) 1 1 Ikataora = Rangihuamoa (w) Pokopokowhititera =Tangihangaroa (w) 1 1 Toa = Waitarehu (w) Hapitinganui = Urihapainga (w) 1 I Tiro = Te Mairanga (w) Ranginui = Kiriwhakairo (w) 1 ______I 1 1 1 1-----1 1 1 1 1 Te Waiata =Kahukore (w) Tapuhi (w1) = Te Maara = Taomaui (w2) Te Hekeua = Whakakahu (w) 1 1 1 1 I I I I Taoho Hukeumu Te Toko-o-te-rangi Paikea Te Hekeua 182 112

Marsden's journal, which stressed the pa's uselessness during musket warfare, records:

"About two o'clock we arrived at a hippah belonging to a chief named Tettoko, a noted warrior in New Zealand. He hailed the canoe and urged me to go on shore. I accepted his invitation. We all landed. He received me with much pleasure. The hippah was crowded with men, women and children, and in a complete state of defence according to their mode of fortification, which would afford protection against spears and clubs, but very little against firearms. He informed me that part of Shungee's tribe was in their district, had committed great depredations and murdered five of his people. He said his tribe was not able to meet them now in battle as he had no muskets to defend himself with, while the enemy was strongly armed". 183

Within five years erupted the battle ofTe Ika-a-Ranganui, following which the lower Northern Wairoa district for the next 15 years largely remained a deserted country. ( 4.2 Tikinui Block Sales, Land Court Hearings & Disputation

The Tikinui block of 10702 acres first came before Judge Rogan, upon an application into investigation of customary title, on 13 August 1880. The sole applicant was Mihaka Makoare of Te Uri 0 Hau iwi.

Beforehand, on 7 October 1878, an advance of 200 pounds had been paid to Pairama Ngutahi and Mihaka in respect to a sale to the Crown of Te Uri 0 Hau's interest in the block. A further advance of 100 pounds had been paid to Arama Karaka Haututu of Te Uri 0 Hau and Tiopira Kinaki of Ngati Whiu hapu of Te Roroa on 24 March 1879. Additionally, on 3 June 1879, an advance of 25 pounds had been paid to Te Hemara Tauhia and Henare Rawhiti of Ngati Rongo iwi. 113

Mihaka's claim was based on take tupuna from two Te Uri 0 Hau sisters, Hape (his grandmother) and Whau (the mother of A K Haututu). The short time depth of the ancestral claim probably prompted a question from Rogan as to whether there were any further claimants. Mihaka's response, which was at variance with the position he later took upon a rehearing, was that he had given the names of all he knew to be entitled. Thirty-one objectors, largely of Ngati Whiu and Te Roroa, then appeared to oppose Mihaka's claim.

The Ngati Whiu claim, led by Tamati Whakatara, alias Tamati Pohe, was stated to derive from T e Hira, a whakapapa of whose descendants was produced in court. Some evidence of occupation also was provided. Tiopira Kinaki, one of the Te Roroa and Ngati Whiu cross-claimants, deposed that part of the block had been gifted by his tupuna Te Hira to Mihaka's and A K Haututu's female ancestor Te Awa. According to whakapapa, Te Awa was a granddaughter of the Te Uri 0 Hau tupuna Pokopokowhititera, her parents being Hapitinganui and Urihapainga and her brother RanginuL In turn, Hape and Whau were grandchildren of Te Awa.

Notably, Mihaka was applicant, cross-examiner and sole witness on his side. At the end of the case, despite an invitation from Rogan, he declined to call witnesses and to submit a list of owners. Notwithstanding that his response may have been prompted by a desire to exclude from the title other owners, who may have interfered with the sale, it also highlighted his inexperience in conducting Land Court cases. As was usually the case with conflicting claims before the Native Land Court, Rogan ruled in favour of both parties Le. Tamati Whakatara and 16 others of Te RoroalNgati Whiu and Mihaka Makoare and A

K Haututu of Te Uri 0 Hau. 184

After the hearing Tamati Pohe (Whakatara) not only put the Crown on notice as to a lack of unanimity amongst Ngati Whiu, but in so doing probably triggered a reversal of the Te RoroalNgati Whiu interest Claiming to represent the interests of 5 of the 17 T e RoroalNgati Whiu owners, he requested Chief Judge Fenton - who presumably was aware that Tamati was 114 a non-seller in the sale to Harding of Aoroa block - not to secretly pay any money to any person in relation to Tikinui block. 185

Tamati's letter suggests concerns either in relation to the advance payment already made to Tiopira, or in respect to payment of the balance funds for the Ngati Whiu interest. That his letter adverts to disposal of the land, also suggests that he probably was not opposed to sale.

However, given Tamati's contemporary determination not to dispose of his Oruariki kainga site on Aoroa block to the Hawkes Bay grazier John Harding, he possibly was perceived of by govemment as a non-seller of Tikinui block. Certainly, neither Tamati, nor any of the four persons he claimed to represent, were then on record as having agreed to a sale of Tikinui block nor to have accepted a deposit on sale. Even as willing vendors, they still had an opportunity of demanding an increased price from the Crown, which, at the very least, could have placed at risk a quick settlement. 186

As Stirling states, there is some evidence to suggest that govemment may ( have pressured Mihaka into applying for a rehearing in the hope that Tamati and other non-sellers would be removed from the title. Additionally the Crown may well have been concemed that it had initially dealt with T e Uri 0 Hau as having a majority interest in the block, only to discover that the Land Court's memorial of ownership, with a heavy weighting in favour of the Ngati Whiu interest. did not reflect that. A quiet suggestion to Mihaka that the Land Court order had subsumed the Uri 0 Hau interest under Ngati Whiu may have been all that was required to encourage Mihaka to apply for a rehearing. 187

4.3 The Rehearing

After a short adjournment due to A K Haututu's ill health, the rehearing took place on 16 August 1882 with Mihaka once again sale applicant. This time Tiopira Kinaki, rather than Tamati Whakatara, was the conductor on behalf of Te RoroalNgati Whiu. Unfortunately Tiopira's case started badly with him 115 displaying confusion in his whakapapa - a decidedly negative omen in such circumstances.

Mihaka's claim, again based on take tupuna, now had lengthened - with occupation from Haumoewarangi over 12 generations being asserted. Given the warfare endemic to the area, continuous occupation by any group seems unlikely.

The Ngati Whiu claim, also now derived from Haumoewarangi, had similarly become more robust - particularly in terms of additional occupation by Tiopira's mother and brother. An indication that mana tangata, rather than mana whenua, was the real issue between the contending parties was suggested by Tiopira's suprising statement that Ngati Whiu was a hapu of Te Uri 0 Hau which "had the mana over all the lands". That concession, which seems to have encouraged Mihaka's offer to admit Tiopira should the latter elect to come in under Te Uri 0 Hau, probably was intended to publicly acknowledge a majority T e Uri 0 Hau interest in the block. That the offer was not extended to include other members of Ngati Whiu possibly indicates Mihaka's annoyance that he had been asked by Tamati Whakatara for a share of the kauri gum royalties from the block.

Tamati Whakatara's evidence basically corroborated that of Tiopira. In claiming however a traditional partition of interests between Rongo - said to have exclusively received Tikinui block - and his brother the Uri 0 Hau tupuna Hakiputatomuri, Tamati introduced fresh evidence.

Given that A K Haututu of Te Uri 0 Hau earlier had joined with Tiopira in taking an advance on the sale of Tikinui block, Haututu's evidence is particularly surprising. Claiming that the land originally had belonged to Haumoewarangi, he asserted exclusive occupation by the descendants of Hau's son Hakiputatomuri - of whom Tiopira was not one. On that basis one would have expected Haututu to have objected to any advance paid to Tiopira. 116

That he did not do so suggests a later falling out between Te Uri 0 Hau and Ngai Whiu and the subornation of Haututu's evidence. In contradiction of Tiopria's evidence at the initial hearing, which he had not heard, Haututu also ( asserted that his tupuna Te Awa, who was buried on the block, received her interest from her father Hapitinganui rather from the Ngati Whiu tupuna Te Hira.

Te Hemara Tauhia's evidence admitted shared rights by the brothers Rongo and Hakiputatomuri and expressed the view that both Tiopira and Mihaka, as descendants of those tupuna, had rights. On a personal level, Te Hemara also claimed ahi kaa through his grandmother Te Urungatapu who had lived on the land. On the other hand Hemi Parata, who like Tiopira and Te Hemara descended from Rongo but who identified as Te Uri 0 Hau, claimed that from Rongo's time his mana had ceased over the land. The continuing claims of Rongo's descendants were admitted in somewhat confusing evidence of

Ereatara Te Tarehu, also identified as ofTe Uri 0 Hau. 188

In summary, there seems to have been little between evidence given by both parties as to the exercise of occupation rights. Tupuna said by the contending parties, to have occupied are indicated below by an asterisk: 117

WHAKAPAPA 25 Ngati Whiu Te Uri 0 Hau Iwi

*Haumoewarangi = Waihekaeao (w) *Haumoewarangi = Waihekaeao (w) 1 I 1 I *Rongo = Tarawamoa (w) *Hakiputatomuri = Kuiateao (w) 1 I 1 I Moerangaranga (w) =Ngawhetu Pokopokowhititera = Tangihangaroa (w) 1 I I I Tira-Waikato (w) =Mahanga Hapitinganui = Urihapainga (w) I I I I *Te Hira = TOkaiakina (w) *TeAwa (w) I I I 1 Ohi (w) = Taratu 2 Tuhai (w) = Te Rahui 1 I I 1------1 I I I *Pataea (w) = Taoho *Te Whau (w) = Haututu *Te Hape (w) = Kiharoa 1 I I I I I *Te Taua (w) = Te Rurunga A K Haututu *Makoare = Houtaringa I I I I *Tiopira Kinaki *Mihaka Makoare 189

.~ 118

4.4 The Rehearing Judgement

Notwithstanding the lack of specific evidence to that effect, judgement was on ( the basis that Hakiputatomuri and his descendants always had maintained possession, while the occupation rights of Rongo's descendants had expired long before 1840. Ngati Whiu evidence as to occupation by Te Hira, his grandchild Pataea, Taoho's wife, Tiopira's mother (who was bom there) and Tiopira himself as a child, was ignored in the decision - as was occupation by Te Hemara Tauhia's grandmother.

The order accordingly was in favour of Mihaka Makoare and his party "to the exclusion of all others with the exception of Tiopira to whom we adjudge an individual interest because the claimants stated that he had some interest in the block". The names of the owners handed in were Mihaka Makoare, Arama Karaka Haututu and Tiopira Kinaki. As Stirling rightly remarks, "the

Court decision clearly was in support of the Crown purchase". 190

The judgement is surprising in four respects: (

1. Notwithstanding the usual judicial approach, adopted by Rogan in admitting both parties in similar cases of conflicting evidence, the judgement rejected the Ngati Whiu claim although there was some Te Uri 0 Hau evidence to support it.

2. Contrary to accepted judicial wisdom that Maori papatupu (customary) land was held communally, the judgement recognised an "individual interest" by Tiopira in the Court's determination of customary ownership. Given that usually individual interests only were recognised in hearings to define relative beneficial interest, the legality of the order may be questionable.

3. Contrary to a later decision of the Maori Appellate Court in the T e Awahe case (1909) which held that there was no division in the lands ofthe brothers Rongo and Hakiputatomuri, the decision effectively 119

recognised an exclusive Te Uri 0 Hau interest in Tikinui block. The Appellate Court decision can only raise the question whether Te

( RoroalNgati Whiu received justice from the Tikinui rehearing. 191

4. It failed to display an understanding of the custom of ahi mataotao, which involved the lapse of occupational rights consequent upon non­ exercise over three generations. In terms of the Ngati Whiu evidence, the claims of all Rongo's descendants had not grown cold.

The judgement also failed to appreciate the distinction between the rights of Ngati Whiu through Te Hira and those of Hemi Parata through the captured woman Te Pare, Rongo's granddaughter, the latter of which long had grown cold through non-occupation over three generations.

That distinction is illustrated by the following whakapapa of both Ngati Whiu and Hemi Parata. '. 120 ~. ~

WHAKAPAPA 26 Ngati Whiu I Ngati Kawa and the ahi mataotao claims of the descendants of Pare Haumoewarangi = Waihekaeao (w) (no Ngati Rangi) I Rongo = Tarawamoa (w) (no Te Roroa) I . Moerangaranga (w) =Ngawhetu (no Te Kawerau) I I
------~------~I------I I I I Tira-Waikato (w) =Mahanga Taumutu (w) = Pokopokowhititera *Pare (w) = Te Waha Tauhia = Te Henga (w) I (no Ngati Te Ata) (no Te Uri 0 Hau) I (no Nga Puhi) I I I I Te Hira = Tokaiakina (w) (no Ngati Whiu & Ngati Kawa) Te Raraku = Wawae (w) I I Ohi (w) = Taratu 2 Tuwhangai (w) = Puhi (no Ngati Maanu) I I Pataea (w) = Taoho Pomarenui = Hoi (w) (no Te Uri 0 Hau) I I Te Taua (w) = Te Rurunga *Parata = Kaiti (w) I I Tiopira Kinaki Hemi Parata =Rakapa Pairama(w)(no Te Uri 0 Hau)192

*Pare - as a young woman captured and taken north by a Nga Puhi taua.

*Parata - the first of her descendants to return to live at the Northern Wairoa. 121

Although the terms of Tiopira's evidence and the quantum of the advance payment he received from the Crown indicate that he was prepared to concede a dominant share of Tikinui block to Te Uri 0 Hau, that evidence also makes it clear that Tiopira saw himself as a representative of Ngati Whiu, not as an individual. His reduced status in respect of the land could only have impacted adversely upon the balance of the purchase money he was entitled to receive and upon his ability to discharge his customary obligations to his Ngati Whiu co-owners.

4.5 The Reserves

Upon settlement, Mihaka and Tiopira requested the reservation of two reserves, which also had been mentioned in Court by Mihaka during the initial 1880 Tikinui hearing. The reserves later were defined as a 100-acre papakainga reserve adjoining the Northern Wairoa river and a 20-acre urupa not far from it.

Although referred to in official records as Sections 1 & 2 Block 11 Te Kuri Survey District, the papakainga reserve was known to Te RoroalNgati Whiu as Ngarerekura, the site of their tupuna Rongo's pa. Following his murder at Motuwheteke pa, the koiwi of Rongo are said to have been interred in the urupa on the block.

Crown granted back to Maori and declared to be inalienable, the Crown grant for the reserves issued in the names of Mihaka Makoare, Arama Karaka and Tiopira Kinaki, who obviously were trustees of communal property rather than absolute owners.

That trusteeship can only be regarded as being at variance with the land court's view of Tiopira only having an individual beneficial interest in the land.

The trusteeship also was inconsistent with succession orders to two of the trustees i.e. Tiopira and A K Haututu made in 1892. Rather than making succession orders in the absence of any investigation into relative beneficial 122 ownership of the land - by which effectively were destroyed the tribal trusts - pursuant to its protective duty towards Maori, the Court clearly should have appointed new trustees. 193 (

In 1906 an application for partition of Sections 1 & 1 Block 11 Te Kuri S.D. by Mihaka Makoare came before the Native Land Court. The successors of A K Haututu, of whom H W Toka and Mihaka Makoare were some, were represented by Henare Wharara Toka ofTe Uri 0 Hau, Mihaka Makoare represented himself, while Paraone Pairama of Te Uri 0 Hau represented the successors of Tiopira.

The Court minutes record an early Te Uri 0 Hau attempt to minimise Tiopira's interest. H W T oka declared:

"Tiopira is dead, he was only entitled to a small interest. Arama put him in on account of a burial place.' And yet the record indicates that Tiopira was included in both the papakainga and urupa reserves which he and Mihaka had sought independent of A K Haututu. (

Paraone Pairama, who earlier had been proposed as a sole trustee for the papakainga, stated:

"Tiopira is dead. His children Piipi, Aramaera and Ihapera all daughters are at Waima and Hokianga. They asked me to represent them. They admit that Tiopira was only put in on account of a wahitapu. At least that is what I have always understood. The urupa is at Ngarerekura."

Pairama not only was projecting his mistaken and HW Toka borrowed beliefs regarding the wahitapu on to his clients, but as a Te Uri 0 Hau obviously had a conflict of interest in representing his clients. Given the earlier conflict of interest between Te Uri 0 Hau and Ngati Whiu over Tikinui block, it is surprising that the Court permitted a Te Uri 0 Hau member to act on behalf of the Ngati Whiu interest - particularly when that member's nomination as sole trustee of the papakainga was at variance with his clients' interests. 123

As it was, the three representatives agreed to a partition of the papakainga amongst A K Haututu's successors (Section 1A - 42 acres), Tiopira's successors (Section 1B - 15 acres) and Mihaka Makoare (Section 1C - 42 acres). It also was agreed that the 20-acre urupa was to be shared amongst all owners equally. Orders were made accordingly. The creation of a separate Ngati Whiu interest between two Te Uri 0 Hau blocks suggests a need to keep two disputing Te Uri 0 Hau groups apart. 194

If that is so, that state of affairs did not endure for long. Following the passage of the 1909 Native Land Act, which removed the restriction on sale of the land, the successors of Mihaka Makoare sold in 1913 Section 1C Block with Section 1A Block being disposed of to the same purchaser a year later. In 1967, consequent upon pressure by the Hobson County Council over non­ payment of rates, the urupa was vested in the Maori Trustee and unfortunately then sold. Today only the Ngati Whiu emasculated portion of Ngarerekura, which lacks legal access, remains in Maori hands.

In retrospect, the partition not only raises questions of legality, fairness and natural justice, but leaves one pondering in what respect both the partition and later sales could have complied with the Court's pater familias duty to Maori. Additionally, given the 1909 removal of legislative protection against sale of such culturally important land, the question also could be posed as to what steps did the Crown take to discharge its Treaty of Waitangi duty of active Crown protection of wahitapu and the Maori cultural interest.

Finally, the quality of some of the rehearing evidence can only be considered open to challenge. Hemi Parata, for instance, who then claimed to have no right to Tikinui block, later contradicted that statement under cross­ examination (MLC Kaipara M.B. 7/105) reo Pouto 2 Block:

"0. Are you an owner of Tikinui where is the pa from which Pare was carried away? A. No, but I ought to have been. Mihaka, Tiopira and Arama Karaka·were made the owners. 124

Q. You perhaps had no right there. A. I had a right:

Given that the Ngati Whiu/Ngati Kawa claim derived from the same tupuna from whom Hemi Parata descended, his earlier negative evidence almost certainly resulted in the defeat of the Ngati Whiu/Ngati Kawa claim to Tikinui. Indeed, there was no evidence before the Court, other than that of Hemi Parata, which supported the Judge's decision against Ngati Whiu/Ngati Kawa.

The raising of the above questions, not addressed in Mr. Stirling's evidence, is not intended as an implicit criticism of that evidence commissioned on behalf ofTe Uri 0 Hau. Rather, those questions merely reflect a Te Roroa perspective on events also described by Mr. Stirling. 195

(

( 125

SECTION 5

( 5.1 Pouto Block He Whanau Riri (A Family in Dispute)

5.1.1 Introduction

Although it undoubtedly now is the case that the mana of Pouto rests with Te Uri 0 Hau alone, much of the title history of the land is confused - suggesting ancestral claims by a number of differing ancient possessors.

Pairama Ngutahi, for instance, claimed Keiha block, in 1871 from the tupuna Pakauwhati, while A K Haututu and Pairama claimed the Pilot Station block in 1873 under Haumoewarangi, rather than Hakiputatomuri. Four years later Pairama, on behalf of Te Uri 0 Hau, preferred a claim to Pouto 3 block without naming his tupuna. Counter claims by Te Roroa objectors Ripeka Hopa and Te Manu were not admitted, although Pairama announced in Court that he had given the former a small cultivation ground outside the land claimed. In so doing, he seemingly recognised some customary basis to Ripeka's claim.

The following day, again on behalf of Te Uri 0 Hau, Pairama preferred a claim to Ripiro or Pouto 2 block of 51,500 acres. In the absence of objections, a memorial of title issued to 18 individuals viz. Pairama Ngutahi, Hone Waiti, Arama Karaka Haututu, Netana Kariera, Tiopira Kinaki, Mihaka Makoare, Te Hemara Tauhia, Paora Tuhaere, Hemana Whiti, Reihana Kena, Henare Rawhiti, Paraone Ngaweke, Manihera Makoare, Piripi Ihamaera, Hemi Parata, Eramiha Paikea, Kira Kerepe and Ereatara Tarehu. Notably, 13 of those individuals were identical with 13 out of 17 rangatira descendants of

Haumoewarangi admitted into the title of Aoroa block. 196 The Aoroa rangatira also were representatives for differing tribes. 126

Upon appeal by Ngati Whatua, who traced from the Uri 0 Hau tupuna Pokopokowhititera by his marriage to the Kawerau and Te Roroa woman Taumutu, the Court's earlier decision re Ripiro or Pouto 2 block was affirmed. During the appeal proceedings Pairama described himself as Te Uri 0 Hau of Te Uri 0 Hau - that is, presumably, Te Uri 0 Hau tuturu - and claimed from the tupuna Pakauwhati and Kai of Te Roroa and Te Uri 0 Hau. In the Te Roroa Report 1992:362 Pakauwhati is shown as of Ngati Awa ki Pouto. His wife Te Kura (not Kai) is given as of Ngai TamatealTe Roroa and Nga Puhi from Waimamaku. The Waka Te Huia papers corroborate that version. 197

There seems little doubt Pairama's whakapapa from Pakauwhati was manufactured for the purpose of excluding Ngati Whatua interests through Pokopokowhititera and Taumutu from the memorial of ownership as later alleged by H W Toka:

"But at the investigation Haki was not set up because Pairama was afraid of

Ngati Whatua, so Pakauwhati was set up.' 198 (

Anaru Wiapo later corroborated Toka's evidence:

"In original investigation of Pouto No.2 Pairama Ngutahi said that land belonged to Pakauwhati - Kaipara Vol 3 p 313 - but when Court sat to define relative interests the proceedings were based upon Hakiputatomuri - Kaipara 7 p 37. Through suppression of proper ancestor the Ngati Whatua were thrown out." 199

Urihapainga or Uruhapainga, the wife of Hapitinganui of Te Uri 0 Hau certainly was not the daughter of Haurangiroa and granddaughter of Pakauwhati as asserted by Pairama during the 1875 Land Court hearing­ though obviously the question of rights through Pakauwhati is another matter. Her parents, whose tupuna also are on record, were More and his wife Te Awa of Ngati Ruanui (Ngati Awa) ki Whangape. Her brothers were Wheeru and Te Ikanui, the founders of Te Aupouri iwi. As evidenced by whakapapa, the names More and Te Awa were continued by Uruhapainga's children. 127

WHAKAPAPA 27

Toronge (who avenged Tutaki's slight of Tuiti - see Section 1.5) I I Takamoana I I More TeAwa = More I I I ~----I----~----~----- Uruhapainga I I I I I I I I I 1 1 I Te Kakati Kupe Wheeru Ikanui Urupainga200 Ranginui I I Te Hekeua I Hape I 1 Paikea I ______~------~---- I 1 1 1 1 I 1 1 1 1 ( Eramiha Te Awa Ranginui More Raki I 1 I 1 Tapihana 201 Tuhai 1--_- 1 1 1 I Hape Haututu = T e Whau 1 1 1 1 Makoare A K Haututu 1 1 M Makoare 202

Notwithstanding Wiapo's understanding that the investigation into relative beneficial interests was based upon interests from Hakiputatomuri, the record is more complex with ancestral rights claimed from Haumoewarangi or his children, or his brothers' Rangiwhapapa and Tupua. The evidence also suggests claims from Pakauwhati. Cumulatively this is a far wider group than 128 just the uri of HakiputatomurL Notably those individuals also were the ancestors of the "omitted five" - Paora Tuhaere, Tiopira Kinaki, Te Hemara

Tauhia, Henare Rawhiti and Ereatara Tarehu. 203

5.1.2 The Case for the Omitted Five

The above proceedings, immediately following on as they did Te Uri 0 Hau's defeat in the Validation Court, may have represented a desperate attempt to claw back the Uri 0 Hau losses in the Klingender transaction. In fact, if successful, the case to eject the five would more than have compensated for those losses. 204

The case is extraordinary as to its basis, conduct and content. Not only had Te Uri 0 Hau originally agreed to the inclusion by Pairama of the 18 names in the memorial of ownership but, upon partition, they also had consented to three equal one eighteenth shares being awarded to successors of three of ( the owners Le. Tiopira Kinaki, Pairama Ngutahi and A K Haututu. Additionally, each of the 18 owners, who clearly were trustees for wider groupings, had received an equal share of rents from the land.

That the Court ignored that compelling evidence suggests that it saw the case against the five owners as a means of placating Te Uri 0 Hau over the

Klingender transaction. 205

The trust implicit in the memorial ownership is evident from unsuccessful tangata whenua attempts to have other owners admitted into the title. Notwithstanding that notice and without determining the trusts upon which the trustees held the land, the Court proceeded to permit successions to deceased trustees and to ascertain relative beneficial interests of successors and the original trustees without first ascertaining who the beneficiaries were. In all those transactions, intended to destroy communal interests, the (, pretence was maintained not only that the trustees were beneficiaries - but sole beneficiaries. 206 129

In its conduct, the case at best can be called irregular. Not only did the successors of the challenged five fail to put in an appearance, but their self­ appointed representatives scarcely were disinterested participants - all being members of Te Uri 0 Hau. And of those representatives only Tapihana Paikea (for Paora Tuhaere) and Paraone Hemana (for Henare Rawhiti) argued a case for their clients. The cases for Te Hemara Tauhia, Ereatara Tarehu and Tiopira Kinaki, although touched on in points of cross­ examination, simply were not argued at all.

In its content the evidence of Pita Kena was confused, contradictory and uncorroborated while that of H W Toka, which probably did the most damage, was inaccurate. Throughout the proceedings disputation was common, suggesting tangata whenua rivalries and a scramble amongst many claimants to maximise personal entitlements.

Kena not only claimed ignorance as to the setting up of Pakauwhati upon appeal, Tiopira's descent from that tupuna and the descent of Ereatara Tarehu, but later declared that the latter was descended from Tumutumuwhenua (from whom all were descended) and that Pakauwhati was of Te Roroa. And yet according to Tapihana Paikea, Pakauwhati was descended from both T e Uri 0 Hau and T e Roroa. 207

The evidence of Henare Wharara Toka, who had lived away at Whangarei for some considerable time and who accordingly had a circumscribed knowledge of Pouto and its people, is best examined in respect to Tiopira Kinaki. According to Taka, Tiopira:

1. Was only put in on account of a non - Te Uri 0 Hau descent from Pakauwhati.

2. Had never lived at Pouto, nor had his children and parents. 208

3. And yet Tiopira had been included in the memorial of ownership of Haumoewarangi's old home of Aoroa - on the basis, it is suggested, of 130

descent from that tupuna rather than descent from Pakauwhati. Hapakuku Moetara propounded a non - Te Roroa tuturu entitlement for ( Pouto 2 block when he declared that:

"Tiopira was admitted into Ripiro but through another line of ancestry." 209

As Hapakuku then was arguing the Te Roroa tuturu case for Opanaki in the Kaihu valley, inferentially his reference must have been to a non-Te Roroa tuturu entitlement of Tiopira's to Pouto. Given his descent from Pakauwhati, Hapakuku Moetara - and others - also could have preferred a claim against Pouto had Tiopira's claim been derived from Pakauwhati. That they did not do so, suggests that Tiopira's right probably came through his Ngati Whiu and Ngati Kawa grandmother Pataea, who in tum was a granddaughter of Te Hira, a descendant of Haumoewarangi's son Rongo. On that basis, Tiopira's claim would have been identical to his claim on Tikinui and similar to Hemi Parata's

Pouto claim, also derived in part from Rongo. 210

( As to Tiopira's occupation rights, there is evidence of pre Treaty of Waitangi occupation by his grandfather Taoho and his wife Pataea. As recorded by Pewa in 1894:

"After the fall of the battle of Moremunui, 1807, Karawai and Te Keha, chiefs of Nga Puhi, came and dwelt at Maunganui Bluff. They dwelt there for a considerable time and then conceived the idea of visiting Taoho who at the time was living at Pouto on Kaipara North inner head - the present Pilot Station. They came there to fulfil this desire but on arrival found that Taoho was not there, but on the other side of the Heads at Okaka, which is the south inner head of Kaipara, where he and his people were digging fern root. Whilst his men were thus engaged the old man said "Ka hoki tatou he tangata kei te kainga" - "Let us return home. Someone has arrived at our village".

"In consequence they retumed for a sign had come to the old man as was frequently the case. After they were about half way across the Heads and were resting, they saw a woman inland at Pouto waving to them. It was 131

Taoho's own wife who was making the signal, so they hastened onward and soon reached the village.'

The account goes on to relate that the visitors remained with Taoho's party for some days. 211

There also is some evidence of Tiopira's own occupation. In April 1877 for instance he and Pairama Ngutahi wrote to Dr. Pollen from Pouto. According to Tiopira's daughter Piipi Cummins, her father spent much time at Pouto as did his ancestors before him. At least three years prior to Toka's evidence, Piipi Cummins and her husband had taken up residence at Beacon Point, Punahaere, where they conducted a kauri gum store. Their daughter Everade May Wereta Cummins was born there in 1894, while her elder sister Sophia - whose name incorrectly has been transcribed as Pophia - attended Pouto school between February and May 1895. Her mother was still at Pouto in August 1897 while Toka was arguing before the Native Land Court at Pahi, Kaipara, that none of Tiopira's whanau had occupied Pouto. It is difficult to believe that Toka and T e Uri 0 Hau were not aware of that fact. 212

Clearly, Te Uri 0 Hau could not have been opposed to all Tiopira's descendants taking up occupation as suggested by Mr. Stirling at p170 of his evidence. Possibly though they saw Piipi Cummins and her husband as providing a community service.

Although Rewiri Tiopira, Tiopira Kinaki's son, has been criticised for seeking to sell his share of Pouto to the Crown, given the denial to him by resident tangata whenua of ancestral occupational rights, it is difficult to see what other course was open to him. Rewiri also is likely to have been aggrieved at a perceived lack of reciprocity by Te Uri 0 Hau.

Following the 1871 investigation into the Kaihu 1 block, awarded by the Native Land Court to the descendants of the Roroa tupuna Toa, 13 Uri 0 Hau representatives were admitted by Te Roroa into the title of that block in recognition of their military services rendered by that iwi to Te Roroa at the 132 battle of Moremunui. Rentals from a flax lease of the land granted to Tinne were divided with Te Uri 0 Hau. According to Tinne, the basis of division of ( the rentals constantly was disputed by Te Uri 0 Hau. Later, when the block was sold, part of the proceeds was paid over to Te Uri 0 Hau.

Likewise, for the same reasons, when timber on the Te Roroa occupied Opanaki block was sold in the early 1870s part of the proceeds was paid over to Pairama who is said to have waived any Te Uri 0 Hau claim on the land. Notwithstanding, in 1896 claims under take tupuna were preferred against Opanaki by Ngati Whatua, Te Uri 0 Hau, Ngati Rongo and Te Taou which, despite ahi mataotao, were recognised by the Court. Consequently, non­ permanently resident T e Roroa families were left with insufficient Opanaki land to live on. The position was aggravated by the Court first having awarded Parore Te Awha a half share of the land and the Ngati Whatua etc. claims not being made against that half share.

Finally, in 1876 notwithstanding that their claim on WaipoualMaunganui had ( been wrongly rejected by the Native Land Court on the basis of raupatu at Te Ika-a-Ranganui, Te Uri 0 Hau were allotted a portion of the sale proceeds of those lands by Tiopira in recognition of their ancient Ngati Rangi and Ngai Tuputupuwhenua connections, long cold through non-occupation of those places. 213

In reverting to the case of the omitted five, other aspects of Toka's evidence were just as unsatisfactory. Notwithstanding Tuhaere's own understanding that his name was included in the ownership memorial by Te Uri 0 Hau because of friendship and Apihai Te Kawau's assistance to Te Uri 0 Hau against Parore and Tirarau at Te Kopuru in 1860, Toka's version - which suggested payment for services rendered by Tuhaere - was that the latter'S interest arose as he was the conductor for the case.

Despite surviving whakapapa as to Tuhaere's descent from the Uri 0 Hau ( tupuna Hakiputatomuri, Toka"also wrongly asserted that Tuhaere was not descended from that tupuna or Pakauwhati. He also claimed that Te Hemara 133

Tauhia was not of Te Uri 0 Hau, although Te Hemara's father clearly

( belonged to that tribe and earlier had been acknowledged as such by Tapihana Paikea.

The latter had also acknowledged Te Hemara's right to Pouto through Te Hemara's grandmother Te Urungatapu - from whom Te Hemara had also claimed ahi kaa on Tikinui block. Toka's evidence as to Te Hemara's cousin Henare Rawhiti patently was evasive and only revealed how little Toka really

knew of Henare's background. 214

However, the most telling piece of evidence against Toka's attempt to eject Te Hemara Tauhia and Henare Rawhiti from the Uri 0 Hau nest must be the 1862 representation by those rangatira - with Paikea, Te Keene Tangaroa and Manukau Rewharewha - on behalf of the Uri 0 Hau tribe. In that year the above named Te Uri 0 Hau chiefs were interviewed by Governor Grey on

the dispute between Tirarau and Matiu Te Aranui. 215 ~ ~ 134

WHAKAPAPA 28 Te Uri 0 Hau Descent Of Paora Tuhaere, Te Hemara Tauhia and Henare Rawhiti

Hakiputatomuri = Kuiateao (w) (no Ngati Te Hana) 1 Pokopokowhititera = Taumutu (w) (no Te Roroa, Ngati Rongo, Te Kawerau) 1 1------11 Tirau (w) = Ngatokorua (no Ngati Tahinga) Maiao (w) = Te Whaita alias Murupaenga (no Ngati Rongo) 1 1 1 1 Marunui = Taumutu (w) Te Ahiwera (w) = Tuaea (no Nga Puhi) 1 I Te Ano-o-te-rangi = Atareta Tuha (w) 1 1 I Paora Tuhaere I 1 1 1 1------1I Te Urungatapu (w) = Taipaka (no Ngati Whatua) Murupaenga-nui = Tangirere (w) (no Ngati Rongo) 1 1 I 1 Mereana Te Anini (w) = Kahutuanui (no Te Uri 0 Hau) Kahu = Otai (w) (no Te Uri 0 Hau) 1 1 1 1 Te Hemara Tauhia Henare Rawhiti 216 135

WHAKAPAPA 28 (continued) Te Uri 0 Hau Descent Of Paora Tuhaere, Te Hemara Tauhia and Henare Rawhiti

Whitirawatea (brother of Pokopokowhititera) = Kaiwhare (w) (no Ngati Kaiwhare hapu of Te Uri a Hau) 1 1------11 1 1 Kawharu Pukanohi 1 1 1 1 Kopumarama Pua I 1 I I Moari Te Kurihirihi 1 I 1 I Te Kahutuanui Irihei I I I I Te Hemara atai I 1 Henare Rawhiti 217

~, 136

Although no whakapapa was provided of Ereatara Tarehu's descent, it generally then was conceded that he was of Te Uri 0 Hau and that he and his parents had lived at Pouto. That evidence was in marked contrast to Ereatara's succession proceedings, which witnessed disagreement over his whakapapa. 218

On the basis of the above confused, contradictory and inaccurate evidence, the prima facie 10 shares each of the omitted five - had all 18 original owners been awarded equal shares - were reduced by the Court to:

Paora Tuhaere 2 Ya shares Tiopira Kinaka 2 Ya shares Hemara Tauhia 3 shares Henare Rawhiti 5 shares Ereatara Tarehu 6 shares 219

As indicated by Mr. Stirling at p218 of his evidence, no reasons are recorded ( for the Court's decision - which in retrospect seems somewhat arbitrary. 220

Although the Court award seems to have treated badly Tiopira (occupation by he and his tupuna not being taken account of at all) and Te Hemara (whose claim on the grounds of occupation by his grandmother Urungatapu seems to have been stronger than the claim of his cousin Henare Rawhiti), the facts throw up an additional question to those raised by Mr. Stirling in his Pouto evidence.

That is, was this a fair enquiry where the Crown actively protected the Treaty rights of not only the omitted five, but also all those who they represented? 221 137

SECTION 6

6.1. Tokatoka Block He Maramatanga Maori (A Maori Cultural Perspective)

Ko Tokatoka te maunga Ko Te Wairoa te awa Ko T aoho te tangata

Te Puru 0 Kaipara.

Tokatoka is the mountain Wairoa is the river Taoho the pre-eminent person The Blockade of Kaipara. =

Long regarded as an important signaling pa in a series of signaling pa between the Kaipara and Hokianga harbours, Tokatoka pa is intimately associated in oral tradition with the Ngati Rangi people who are said to have built it.

Taken from Ngati Rangi by Haumoewarangi, it later was taken and occupied by Toa ofTe Roroa. In succeeding generations, occupation of both Tokatoka and Tikinui pas was maintained by Toa's grandsons Te Waiata and Te Maunga and the former's son Taoho.

It was from Tokatoka pa that Taoho observed, prior to the battle of Moremunui circa 1807, a smoke signal from Maunganui Bluff warning of the presence of a

Nga Puhi taua in the area: 223

" Some time afterwards he (Taoho) went from his pa at Tokatoka to the coast to dry toheroa and was followed by Te Pona of Ngati Kawa who stated that he was going on an expedition against Nga Puhi. He proceeded up the coast and encountered Nga Puhi under Te Kahakaha at Pahekeheke. Te Pona was 138 killed and almost all his party about 30 men. Taoho returned to Tokatoka and one morning while sitting at the door of his house on the top of Tokatoka peak he saw smoke rising in the direction of Maunganui Bluff. He called his people to assemble and sang the following war song: 224

Ko te puru Kote puru Koa a Tokatoka Kia ueue. Kia tangatangai te riri e E kore te riri e tae mai ki Kaipara Ka puta waitia Kia toa A a a! te riri.

Tis the plug Tis the plug Indeed ofTokatoka Exert (yourselves). Be quick to anger And no war shall Kaipara reach Be brave

A a a, tis war". 225

Messengers then were dispatched to Taoho's allies, the tribes of Te Uri 0 Hau, Ngati Whatua, Ngati Rongo and Te Taou, ultimately resulting in the leaders of the combined forces determining upon an ambuscade of Nga Puhi at Moremunui.

Some time either prior or subsequent to Moremunui, Te Parawhau arrived to attack Taoho at Tokatoka. The object of the taua was to obtain utu for the death of one of Kukupa's wives Tauke killed at Okoihu pa, Whatitiri, Whangarei by a Te Uri 0 Hau ope - in which Paikea's siblings Te Ngahuru and Tirakakahi participated. (

Source JS Polack's New Zealand (1838) Vol 1 p199

Tokatoka Maunga 139

According to Native Land Court testimony of Pouaka Parere, "Kukupa then went to Mareikura" (Tangiteroria)" to bring those who were there" (in Okoihu ( pa)" and they went by canoe to Te Wairoa. When they came to a river near Tokatoka the taua stopped there. The pa of Taoho was at Tokatoka. (They) "lay in wait until they saw a canoe leave the pa and come to the river in which the ope were. They killed the people including Te Marama, a chief and toa, a younger brother of Hukeumu (of Te Roroa)".

"They then returned and were perceived by the pa " (occupants)" who followed them. The taua of Kukupa were 30 topu (pairs). They were not overtaken and Kukupa returned to Mareikura where Te Marama was cooked".

'While this was being done the men of the pa went to cut flax and had nearly finished their work when they looked and saw some of the fern higher than that about and at once knew that it was an ope holding fern before them as they looked about. Kukupa was told of this and drew off his men leaving Te Marama in the hangi. Kukupa brought up the rear to ward off the toas Taoho ( and Hukeumu until they reached Te Takanga a waterfall".

"When his people had reached the high land there, Kukupa turned and retired and Hukeumu called to him: "E pai ana, a nana nau ana toa whanaunga" - It is well friend, depart warrior-relative". Then Te Roroa returned bearing Te Marama's body back to Tokatoka where it was eventually interred with other Te Roroa dead.

\. ~-

140

WHAKAPAPA 29 Relationship Of Kukupa To Taoho and Hukeumu Waitarehu (w1) = T oa = Te Hei (w3) (ofTe Roroa) 1 1 1 1 1 1 Paikea = Kawa (w) 1 1 1 Taramainuku = Tataia (w) 1 1 1 Haumu = Tokaitawhio (w) 1 1
------
1 1 Whakakahu (w) = Te Hekeua Kukupa 1 1 1 1 Paikea Te Hekeua Tirarau Kukupa 1 1 Tiro = Te Mairanga (w) 1 I------~I------I Te Waiata =Kahukore (w) Te Maunga = Te Mahia (w) Te Maara = Tapuhi (w) 1 1 1 1 1 1---1 Taoho = Pataea (w) Tuohu =Te Whetu (w) Hukeumu Te Marama 1 1 Te Taua (w) = Te Rurunga 1 Tiopira Kinaki 226 141

6.2 Tokatoka and Whakahara Blocks Alienations, Rivalries and Confusion

Introduction

The alienation of Tokatoka block not only involves problems of nomenclature, identification and expressions of inter-tribal rivalries, but is so bound up with the earlier attempted acquisition of Whakahara block, that the two transactions can only productively be considered together. The assumption of an intimate connection between the two purchases is far from novel. In advising the Ngati Whiu/Ngati Kawa chief Waata Aporo in 1909 that Whakahara block was included in the purchase of Tokatoka block, the Crown earlier assumed that position upon advice from Surveyor-General S Percy Smith. It also is an approach adopted by Messrs Walzl and Thomas consequent upon their helpful research into the Northern Wairoa area. Z27

Accordingly, I propose to initially focus upon the Whakahara sale with its ( cross-links to the Tokatoka transaction and will conclude this section with evidence as to the completion of both sales and subsequent events.

6.3 The Whakahara Sale Problems of Nomenclature and Identification

Upon perusing modern maps, the most striking feature of the 1839 deed of sale of Whakahara block surely is the extent of land viz 60,000 acres purported to be dealt with in the deed. Notwithstanding later evidence of the applicant O'Brien that the block only was estimated to contain no more than 30,000 acres, that estimation bears no resemblance to the block's current area of approximately 3150 acres.

Such a discrepancy can only raise the question whether O'Brien's Whakahara block was the same land known to us today under that name. In that respect there are two details of the deed which may afford assistance. 142

The first is the deed's reference to the river frontage of Whakahara block - said to be approximately three and a half miles. The current river frontages of both Whakahara and Tokatoka blocks are about three and a half miles. The second is the deed's reference to the Manganui river as the rear boundary of the land. The current Whakahara block rear boundary not only is some five to six miles west of the Manganui river, but abuts on to the large Okahu block which stretches away to that river.

Accordingly, what O'Brien believed to be Whakahara almost certainly seems to have included Whakahara, Tokatoka and Okahu blocks, the combined areas of which are estimated as follows:

Whakahara 3150 Tokatoka 4600 Okahu 18600

Total 27750 acres 228

6.4 The Whakahara Sale Additional Claimants

Although the Whakahara deed initially had been completed on behalf of the Maori vendors by Henare Taramoeroa of Ngati Whiu and Ngati Kawa hapus ofTe Roroa, a Te Uri 0 Hau claim, possibly prompted by notice of further payment by O'Brien or by a survey on the ground, soon became apparent.

On 17 August 1844, three weeks prior to O'Brien advising the governor of his survey and reduced acreage, Sub-Protector Forsaith witnessed the addition of Paikea's signature on O'Brien's original deed.

It is not known whether that alteration was effected with the knowledge and consent of Ngati Whiu/Ngati Kawa and what power the SUb-Protector possessed to unilaterally alter an agreement. However, that there is no record of protest by Ngati Whiu/Ngati Kawa to the inclusion ofTe'Uri 0 Hau in the transaction may point to an acceptance by the former of a Te Uri 0 Hau 143 interest in the land. Both groups were descended from Haumoewarangi who had made conquests from Ngati Rangi in the area.

The possibility of that acceptance is strengthened through representatives of both groups signing, on 12 September 1844, a receipt for some of the outstanding goods due under the transaction. The receipt is signed by Taramoeroa and Paikea and apparently witnessed by Manukau, Tipa, Tinaea and Rangi. Most of the presumed witnesses viz Manukau Rewharewha, Himiona Taipa and Paraone Rangi provide a link to the later 1856 sale of an omitted portion of Tokatoka block, being vendors thereof. 229

6.5 The Whakahara Sale Processes of the OLC Commission and Government

The following day, on 13 September 1844, when appearing before Commissioner Fitzgerald, O'Brien restated the three miles frontage of his claim but conceded that he did not know the total acreage involved. The latter remark curiously is at variance with his 7 September 1844 recent letter to

Fitzroy stating that the area was not above 30,000 acres. 230

As has been related by other witnesses, O'Brien's transaction - which has all the hallmarks of a Sydney speculation - was not recommended for a grant by Commissioners Richmond, Godfrey and Fitzgerald, not having been completed prior to 14 January 1840 as fixed by Gipps' proclamation. Commissioner Fitzgerald was particularly unimpressed with O'Brien's handing over the previous day of part of the goods due under the five year old agreement, which he seemingly viewed as an attempt to pervert the processes of the Commission. 231

The matter languished until early November 1853 when it was revived through a petition from O'Brien seeking permission to complete payment out of time i.e. 14 years late. Grey's minuted response to the petition on behalf of the Executive Council is telling: 144

"It appearing to the Council that this is in many respects a special case, the Council are of opinion that if Mr. O'Brien proves a certain outlay in partially extinguishing the Native title and the native title can be totallv extinguished by the Crown for such a sum that the acguisition of the land is advantageous to the public (emphasis mine), then that O'Brien should be reimbursed his original outlay in partly extinguishing the native title such outlay being proved to the satisfaction of the Government". 232

Leaving aside the questions of why the matter was considered a special case and whether a customary title can be partly extinguished, the executive council's decision clearly was prompted by fiscal expediency, rather than by protection of the Maori interest. That deCision reflected a philosophy that if government could acquire the Whakahara block cheaply enough, it should reimburse O'Brien for his outlays.

Following Grey's approval of the recommendation and Surveyor - General Ligar's proposal that O'Brien be allowed 289 pounds 15 shillings for his outlays, Ligar's proposal- which included the payment of 170 pounds to Maori to complete the transaction - was rejected by O'Brien, who presumably saw more gain in acquiring the land.

Given that the total consideration contracted for by O'Brien was said to have amounted to 679 pounds, Ligar's proposal - which scarcely was in the Maori interest - involved Maori compounding a 389 pounds 5 shillings debt for 170 pounds. 233

Throughout the early months of 1854 public disputation over Whakahara broke out between Taramoeroa and Parore, warranting a specific reference in McLean's initial general instructions to land purchase officer (then Sub­ Commissioner) Johnson to arrange a speedy resolution of that dispute. The dispute was first reported on by local merchant, Hastings Atkins, who was apprehensive of adverse effects on the spar trade.

Johnson's report of 20 July 1854 to McLean emphasised that: 145

1. Although O'Brien's claim was the immediate cause of dispute amongst Maori, the underlying reason was that there was no line of demarcation ( between the conquering Nga Puhi and the conquered Ngati Whatua. Given the lack of evidence as to an acceptance by Ngati Whatua and allies that the battle of Te Ika-a-Ranganui amounted to a raupatu of the Northern Wairoa area, Johnson's information seemingly derived from Nga Puhi sources. That suspiCion is heightened by Johnson's realisation within the month that his so-called Ngati Whatua party actually consisted of "Ngati Whatua, Te Uri 0 Hau andallies".

2. Parore and Taramoeroa had been selected as leaders of the contending Nga Puhi and Te Uri 0 Hau parties overWhakahara. Again, Johnson's link of Taramoeroa with Te Uri 0 Hau demonstrates the shallowness of his understanding of local tribes and relationships. The selection of Taramoeroa as the representative of T e Roroa and Te Uri 0 Hau however probably reflects an acknowledgement by the latter people of a predominant Te Roroa interest in the land. (

3. Tirarau and Parore had relinquished all claims to that portion of Whakahara block for which payment already had been received by Taramoeroa and others.

4. Taramoeroa's party, who were not named, were the principal owners of Whakahara. Seemingly, Johnson was unaware that Taramoeroa's party belonged to T e Roroa.

5. The question of apportioning the balance of the purchase money for the block still remained to be resolved.

6. It may be preferable to include the remaining unpaid portion of the block "in a large block adjoining proposed to be offered next summer" - which seemingly provides the first indication of a combined Whakahararrokatoka sale. 146

It also had been suggested by Hastings Atkins that Parore's claim against Taramoeroa - almost certainly based upon the events ofTe ( Ika-a-Ranganui - was unfounded. Although later Maori evidence suggests that the spar trade from Whakahara was at the root of the TaramoeroaiParore quarrel, Parore's involvement in Whakahara also provided another link with the Tokatoka sale in which he

participated. 234

According to Johnson, August/September 1854 witnessed:

"- discussions between Maori, especially involving Ngati Whatua, Te Uri 0 Hau and allies on the one side and Tirarau, Parore and allies on

the other." 235

The Ngati Whatua described people probably were Te Waiaruhe, Manukau Rewharewha's people, who do not seem to have been part of Ngati Whatua tuturu - but who then were part of the Ngati Whatua tribal confederation. The Ngati WhatualTe Uri 0 Hau allies almost certainly were Ngati Whiu/Ngati Kawa hapus of Te Roroa - Henare Taramoeroa's people. Both Johnson's remarks and whakapapa indicate that the Pakeha applied labels of Ngati Whatua, Te Uri 0 Hau and Nga Puhi fail to adequately describe the protagonists in the Whakahara dispute.

6.6 Tokatoka Block A Sale Emerges

The above discussions apparently resulted in Te Uri 0 Hau and Te Waiaruhe agreeing to sell a portion of Tokatoka block to the Crown, a deed of sale in which boundaries, but no area, was described, being entered into at Auckland on 24 August 1854. I have been unable to ascertain whether the vendors had other Crown business in Auckland at that period, or were in Auckland solely for the purpose of completing the Tokatoka deed. 147

Vendors, as recited in the deed, were Manukau, Hohaia, Hone Waite, Paraone Rangi, Matiki Kuha, Hone Whakatauki, Rehana and Hamahona. An earnest of 100 pounds was paid upon execution of the deed with the balance to be paid:

"in the summer months when the land is properly surveyed". 236

Apart from being silent on acreage, the deed did not disclose the total consideration on sale - presumably because the land had not then either been inspected or surveyed. As such, it seems a typical deed of sale of Grey's administration. Seemingly, the consideration only was determined four months later following an inspection of the land. At that time a decision must have been made to fix the consideration at 300 pounds Le. 1/6d per acre for an estimated 4000 acres. Having regard to the deed's deficiency in terms of consideration, it must be questionable whether that document ever amounted

to a contract at Law. 237

( A day prior to execution of the Tokatoka deed, Resident Magistrate and local Sub-Collector of Customs F 0 Fenton had written to Customs Collector W Young advising that inter-tribal tensions in the area still were high, that the claims of Parore and Tirarau, to presumably Whakahara, had been withdrawn and that accordingly it was not considered safe to complete payment for T okatoka. He also related that the Whakahara negotiations had become bogged down. The concept of a combined WhakaharaITokatoka transaction seems to be reinforced by Fenton's remarks.

Given Fenton's perceptions of inter-tribal rivalries, it is surprising that the Tokatoka purchase was made at all. If widely known amongst Maori, the purchase only could have exacerbated those tensions. It is perhaps for that reason that the Tokatoka deed of sale was completed in Auckland. Although Fenton had a personal interest in the acquisition of Tokatoka as a site for a Court House and Customs House, I have not followed that line of inquiry . further. 236 148

Johnson's motivation in only purchasing a portion of Tokatoka block from Te Uri 0 Hau and Te Waiaruhe is found in his recognition of other tribal interests in the block. On 6 September 1854 he minuted:

"Tokatoka has been partially purchased inasmuch as an installment of 100 pounds has been paid on that block. It is not safe to complete its purchase without further enquiry on the spot. The Ngatiwhatua who are owners are favourably disposed to Mr. Fenton's location - and if the chiefs Tirarau and Parore, who urged a claim to the place, withdraw their pretensions - as I am informed they promised the Ngatiwhatua to do - there would be no further difficulty that I am aware of'.

Apart from the unsound claims of Parore and Tirarau, that memo appears to recognise claims of unnamed members of the Ngati Whatua confederation to Tokatoka block. Given the earlier recognition of T e Uri 0 Hau and Te Waiaruhe interests, it is probably the Ngati Whatua confederation interests of Ngati Whiu/Ngati Kawa to which Johnson was referring. That interpretation is supported by Fenton's April 1855 advice to the Colonial Secretary in which he names Taramoeroa (of Ngati Whiu/Ngati Kawa) , Paraone, Manukau and

Parore as the vendors ofWhakahara and Tokatoka blocks. 239

6.7 Whakahara and Tokatoka Blocks Successful Outcomes

On 7 October 1854 Johnson advised the Colonial Secretary, inter alia, of his intention to hold a meeting at the Northern Wairoa to investigate Maori offers of land and conflicting claims thereto. That report probably prompted a revisitation of O'Brien's Whakahara claim for on 9 November 1854 McLean noted that if at the forthcoming meeting the native title to O'Brien's claim was found to be extinguished, arrangements could be made with O'Brien. It also may have prompted Fenton's 1 December 1854 letter to Johnson urging the Crown purchase of Tokatoka block as a neutral territory between the Nga Puhi and Ngati Whatua tribal confederations and as a suitable site for a

Customs house. 240 149

On 18 December 1854, following a general meeting of affected parties, which apparently transpired at Mangawhare on 11 December 1854, Johnson wrote from Walton's estate at Omana, Northem Wairoa, three relevant letters: (

1. To Fenton agreeing with the latter's view of the purchase of Tokatoka and advising that, having reconciled with Fenton's help animosities between contending iwi, he had been able to enter into arrangements for the purchase of Tokatoka block for 200 pounds. The sum named did not include the earnest of 100 pounds already paid, of which

Fenton was aware. 241

2. To McLean advising that a dispute between Tirarau and Manukau prompted him to recommend the purchase of Tokatoka block of 4000 acres for 300 pounds - of which 100 pounds already had been paid in Auckland. If the purchase was approved, the sum of 180 pounds would be paid to Paraone Te Rangi, who had been deputed by the other claimants to receive the money, with the balance of 20 pounds to be paid to Parore. It is not mentioned that Johnson had committed the ( Crown to a partial purchase of the block some four months earlier.

Either Johnson's earlier resolve not to pay Parore anything for the latter's pretended claim had weakened and totally dissolved, or that payment was in recognition of Parore's Te Roroa rights. Johnson's reference to the availability of a sketch map indicates that the bargain was struck without the benefit of a proper survey on the ground, which later was confirmed by Kemp. Clearly, Johnson was referring to an

estimated 4000 acres of the block - not to 4000 acres. 242

His letter indicates that the ParorelTaramoeroa dispute over Whakahara had widened into a Tirarau/Manukau dispute over Tokatoka. Given the absence of any mention of the latter dispute prior to the Crown purchase of Tokatoka, that purchase seemingly created the dispute. 150

On 26 January 1855 Fenton also reported on the 11 December 1854 meeting. His report asserted in part:

" - the land was purchased by the Commissioner all claim to payment

being abandoned by the former victors". 243

That statement seems to support the view that payment of 20 pounds to Parore from the T okatoka sale recognised Parore's claim as T e Roroa, not Nga Puhi.

3. A separate letter to McLean reporting upon a reconciliation of hostile tribes over O'Brien's Whakahara claim and the extinguishment of the native title thereto by the payment of 170 pounds - the very sum named by Ligar twelve months earlier. Johnson described how Taramoeroa's right to Whakahara was publicly acknowledged by Parore and Tirarau, how the purchase money was handed over to those chiefs who then returned it to Taramoeroa for division amongst the owners of the soil.

In cultural terms that scenario suggests an implicit acceptance by all participants, including Te Uri 0 Hau, that the Te Roroa hapus of Ngati Whiu and Ngati Kawa had the mana of, and a predominant interest in, Whakahara - a situation which may not have been the same for T okatoka. Given Parore's insistence to his receiving his share of the T okatoka proceeds directly from the Crown, it seems unlikely that he and Tirarau would have participated in Taramoeroa's division of the sale proceeds - particularly if it had been agreed that Parore's and Tirarau's interests in both blocks through Te Roroa would only be acknowledged through the payment of 20 pounds to Parore from the T okatoka sale.

At that stage Johnson finally conceded that the extent of the Whakahara block was somewhat less than he had first thought, only having a river frontage of one and a half miles (not three and a half miles as stated in O'Brien's deed) and only running back to Ranawe lSI

which he claimed to be a tributary of the Manganui river (not Manganui itself as described in O'Brien's deed). On that basis the area of Whakahara was estimated by Johnson to amount to approximately 3000 acres - a considerable reduction on the 60,000 acres of the deed and on O'Brien's September 1844 estimate not exceeding 30,000 acres.

Johnson's calculations as to the total cost to the Crown of the Whakahara purchase viz:

O'Brien's payments 275.18.0 Crown payment to Maori 170. 0.0 Total 445.18.0

indicate some variation in the value of O'Brien's payments earlier accepted by govemment at 289 pounds 15 shillings. However, it was the latter sum, which ultimately was paid to O'Brien.

6.8 Whakahara and Tokatoka Blocks Maori Rights of Repurchase

Both the Whakahara and T okatoka transactions seem to have been preceded by repurchase discussions between the Crown and Maori. On 18 April 1855 Fenton advised the Colonial Secretary:

" - immediately on the completion of the purchase of land known by the name of Whakahara (O'Brien's claim) and the Tokatoka on the banks of the river Wairoa in the district of Kaipara the several native sellers thereof whose names are written in the margin (Taramoeroa, Paraone, Manukau, Parore) requested me to aid them in repurchasing from government certain parts of the land recently sold by them". 244

After mentioning that Taramoeroa's people had fought with the British forces during Heke's war and desired to migrate to Kaipara - which appears to be the 152 earliest recorded intimation of the later T e Popoto migration under Aperahama Taonui to the Northern Wairoa - Fenton applied for approval in principle for Maori to repurchase certain portions of the blocks sold.

Those repurchase discussions, which are likely to have involved Crown inducements to Maori to sell to the Crown, can be linked to the Crown's obsession in fixing a boundary between the disputing Nga Puhi and Ngati Whatua tribal confederations, to Crown desire to establish a Customs and Court House on the land acquired and to McLean's 18 May 1854 instructions to Johnson extolling repurchase advantages of substituting Crown grants for the "precarious and unsatisfactory tenure" of Maori customary title. 245

6.9 The Whakahara Sale Questions Arising Therefrom

The following questions arise from the Crown's purchase of Whakahara block:

1. Was it in the Maori interest for the Crown to ultimately recognise O'Brien's uncompleted transaction rather than, through a consistent withholding of that recognition, to have enabled Maori to have resold the land? There presumably had been some escalation in land values over the 15 years from 1839 to 1854 which Crown recognition of O'Brien's transaction would have prevented Maori from taking advantage of. As it was, by selling to the Crown Maori were required to absorb a loss of 333 pounds 2 shillings on the totality of their bargain with O'Brien.

The matter of Maori consent to a sale to the Crown cannot, of course, be the yardstick by which that sale is measured. It is the principles of the Treaty of Waitangi and its surrounding circumstances - including Normanby's instructions to Hobson that Maori "must not be permitted to enter into any contracts in which they might be the ignorant and unintentional authors of injuries to themselves" - which provide that

yardstick. 246 153

2. Was it in the Maori interest for the Crown to purchase all of Whakahara without considering, and making provision for, Ngati Whiu and Ngati Kawa reserves, or without having approved and acted upon Maori ( rights of repurchase as sought by Fenton in 1855? There is no evidence that tangata whenua were permitted to exercise rights of repurchase.

Consequent upon the Crown confiscation of T e Kopuru block, provision for Ngati Whiu/Ngati Kawa reserves became crucial. Not only was Maungaraho pa and urupa on Whakahara block left unprotected, but 25 years later that area became a base for Reischek's "collecting" activities in the Northern Wairoa area. Those activities also extended to the Reischek ransacked Ngati Whiu/Ngati Kawa wahitapu sites of

Aratapu and Te Kopuru. 247

3. Was it in the Maori interest for the Crown to purchase Whakahara block in the absence of a proper survey on the ground and in the absence of any agreement to adjust, if necessary, the purchase price to reflect the acreage disclosed on survey? According to rough calculations of this witness, based on subdivisions of Whakahara parish as supplied in 1917 by Chief Surveyor Skeet to the Under Secretary for Lands, the area of Whakahara amounts to a further 151

acres not paid for by the Crown. 248

4. Was the Crown price of 170 pounds a fair price given the Crown's Treaty duty to provide an equivalence to Maori of the value of both land and standing timber acquired? On the basis that the block contained 3151 acres, the Crown price of 170 pounds is almost equivalent to 1/1d per acre - in respect to which nothing seems to have been allowed for

standing timber. 249

5. Why:

(i) 158 years after the Forsaith affair and desecration of the 154

Mangawhare urupa,

( (ii) 154 years after Maori complaint of general Pakeha desecration of Northern Wairoa urupa,

(iii) 121 years after Reischek's grave-robbing and other dubious activities,

(iv) 113 years after desecration of Te Roroa urupa at Waimamaku, 104 years after desecration of Te Roroa urupa at Maunganui Bluff and 80 years after desecration of Te Roroa urupa at Waipoua - as well as eight years after release of the Waitangi Tribunal's Te Roroa Report - has government still not taken the protection of Maori wahitapu and cultural heritage seriously? Not only has it failed to enact Treaty ofWaitangi complying legislation for the protection of Maori wahitapu and cultural heritage, but it consistently has omitted to state a detailed Crown policy for the protection of wahitapu sites on the DoC

estate. 250

6.10 Tokatoka Block Later Events

In terms of the arrangement made with Maori at the Mangawhare hui of 11 December 1854, settlement was effected with Paraone Rangi to the extent of 180 pounds on 13 April 1855, with the remaining 20 pounds ultimately being paid over to Parore on 10 September 1855. A deed of sale, numbered 147 in Turton's Deeds, was executed by Parore on that day. However, although all payments then had been made in terms of the deed of sale, that was not the

end of the matter. 251

On 31 October 1856, probably in Auckland, a sum of 30 pounds was paid to Manukau Rewharewha, Paraone Te Rangi, Pairama, Arama Karaka, Matiu Hau, Himiona Taipari and Awaiti for an omitted portion of Tokatoka block 155 described as:

" - that portion of land which was not included in the boundaries of Tokatoka that is where the boundary runs along Mr. Fenton's survey line and on to the Manganui creek". The receipt also relates:

"The final installment will be arranged when the surveyor has seen the nature of the land". 252

As Mr. Thomas has remarked, it is unclear whether that final installment ever was paid - although there is a record of a payment of 5 pounds for T okatoka as mentioned below. Notably, of the 7 or 8 vendors of the two portions of Tokatoka block only two are included in both transactions, affirming the vendors' representative capacities for wider groups.

Although Alemann expressed the view that the above deed receipt did not relate to Tokatoka block, all the land within the boundaries ofthat block being ( accounted for, that explanation seemingly does not deal with:

1. The terms of the deed receipt.

2. Chief Surveyor Skeet's 1917 evidence as to two sales of Tokatoka i.e. a portion of 2600 acres and a portion of 500 acres.

3. The express reference in Deed 146 of Turton's Deeds that the 1854 sale involved only a portion of Tokatoka block.

A possibility is that the deed receipt refers to an omitted portion of Tokatoka block, which later was subsumed in the adjacent Okahu sales - of which Manukau Rewharewha and Paraone Ngaweke were two of the vendors. The latter sales are referred to in Turton's Deeds 150 and 151.

Finally, in 1857 McLean recorded that he had paid Pirika (Ngai) five 156

pounds for his claim to Tokatoka.

Descended from Te Uri 0 Hau and Te Roroa, Pirika could have claimed from either, or both, groups. What is more remarkable about Pirika's payment however is the disturbing evidence it provides that not all claimants had been paid two years earlier.

Pirika's payment may be the same sum of five pounds retumed to the House of Representatives as an 1859 payment on account of Tokatoka block. Altematively, the 1859 payment may represent an additional

payment. 253

6.11 The Tokatoka Sale Questions Arising Therefrom

1. Given Te Uri 0 HaufTe Roroa shared interests in Whakahara block and Te Roroa traditional associations with Tokatoka block, what steps ( , did the Crown take to ensure that Te Roroa interests were represented in the deed of sale of Tokatoka block? Unlike the Whakahara transaction, where the Crown ensured the inclusion of Paikea's name on the original deed of sale already completed on behalf of T e Roroa - and later on 11 December 1854 included Parore, Tirarau, Paraone T e Rangi and Manukau, with Henare Taramoeroa ofTe Roroa in a new deed of sale - reciprocal action to formally include T e Roroa in the Tokatoka sale was not taken by the Crown - unless it is accepted that Parore, who was not mandated by Te Roroa to do so, represented that iwi's interests.

2. Whether it was in the Maori interest for the Crown to apparently acquire the whole of Tokatoka block, including Maori urupa, wahitapu and the sacred maunga of Tokatoka (situated on a DoC reserve) without any provision for Maori reserves, for the protection of important Maori cultural sites or for Maori to repurchase those areas? 157

3. What was the total area of Tokatoka block purchased by the Crown from Maori and was that area adequately and fully paid for? As with Mangawhai and other 1854 sales, why was a tenths clause not ( included in the 1854 deed of sale of Tokatoka? According to Chief Surveyor Skeet in 1917, the block consisted of two portions, one of 2600 acres - which possibly is the portion agreed to be purchased by the Crown in 1854 - and the second of 500 acres, possibly that purchased by the Crown in 1856. Alemann also records the area of the block as 3100 acres but the deeds he refers to - Turton's Deeds

146 and 147 - do not disclose acreages. 254

If the area of 3100 acres for Tokatoka is correct and has not become confused with the area of Whakahara block, the former area is Significantly below the area of 4000 acres estimated by Johnson in 1854 and below the current estimated area of 4600 acres by this witness for T okatoka parish.

( 4. Was it in the Maori interest for the Crown to purchase T okatoka block \ in the absence of a proper survey on the ground and in ignorance of the area of the land? Did those failures require the Crown to pay for an omitted portion of the land?

5. Did the Crown's arrangements for payment, which seem to have resulted in later claims against it by omitted owners such as Pirika Ngai, comply with the Crown's Treaty ofWaitangi duty of active protection of the Maori interest? Did those arrangements generally protect T e Roroa interests in Tokatoka block or were the purchase of those interests made over to Parore, or offset against Te Uri 0 Hau interests sold by Te Roroa in Whakahara block?

Did the Crown for instance maintain clear and adequate records of particulars of the purchase? In one of the Crown's schedules of land purchases, for instance, Tokatoka block is represented only by the Parore purchase for 20 pounds.255 158

6.12 Whakahara and Tokatoka Blocks Petitions and Other Matters

In 1908 Waata Aporo, the great grandson of Henare Taramoeroa, and 25 others of Ngati Whiu/Ngati Kawa applied to the Crown Lands Department, Wellington for information as to how the Crown acquired Whakahara block. After seeking comment from S Percy Smith who advised that the Tokatoka purchase included the whole of Whakahara block, Under Secretary for Lands W C Kensington informed Waata and company accordingly. In his letter to Waata, Kensington also named the Uri 0 Hau and Te Waiaruhe - but not the Ngati WhiU/Ngati Kawa - vendors in the 1854 sale of Tokatoka/Whakahara

blocks. 256

Obviously that response did not satisfy Waata who in 1914 still was continuing to make inquiries for the Whakahara deed of sale. Those inquiries largely being frustrated by officials, in 1915 he and 15 others petitioned Parliament, seeking an inquiry. They stated that they had not been able to establish that ( Whakahara parish - which they said comprised 3393 acres - had been fairly purchased and believed it to remain native land.

The petition also related that historically kauri spars had been felled on Whakahara block under direction of the Ngati Whiu/Ngati Kawa chiefs Henare Taramoeroa and Rapana Te Rarau (Tuaea) and sold by them to the pakeha Hakena (Harkness). The latter was Parore's pakeha and the person for whom his son Te Hakena Parore was named. Obviously, the involvement of Harkness in the Whakahara spar trade goes some way towards explaining Parore's opposition - based at least in part upon economic jealousy - to

T aramoeroa. 257

While the Crown sought to establish the history of the Whakahara block purchase, investigation of the grounds of Waata's petition dragged on into 1917. Although progress was hindered both by the war years and by a blanket claim affecting Tokatoka, )Nhakahara, (Te) Kopuru, Whakatu, Whenua Rahui and Mangawhai blocks embodied in a 1917 petition (No. 407 159 of 1917) of Haimona Pirika and 32 others, the five years it took to obtain a recommendation can only be described as extraordinary. (

After traversing a very limited portion of the purchase history of Whakahara block, the report of the Lands Department to the Native Affairs Committee of the House stated in part:

"The matter was finally arranged at a special meeting of natives held at Mangawhare, near the present town of Dargaville, and a conveyance of the land from the natives to the Crown was signed on 11th December 1854 by the chiefs Parore, Tirarau, Paraone Te Rangi, Henare Taramoeroa and Manukau in the presence of John Grant Johnson, Land Commissioner of the Northern district, Mr. Hastings Atkyns Merchant of Mangawhare and Mr. Francis Dart

Fenton, Resident Magistrate Kaipara District". 258

Eventually the Native Affairs Committee reported on 26 October 1920 - the same day it reported it had no recommendation to make on the 1917 petition ( of Haimona Pirika and others - :

"No. 255 (1915) - Petition ofWaata Aporo and 15 others. Praying for inquiry as to the ownership of Whakahara block. I am directed to report that as the principal petitioner is now dead, the committee recomments that leave be given for this petition to be withdrawn". 259

The Maori communal interests indicated by the petition conveniently were ignored by the committee's report.

Between 1915 -1920 the Crown had not carried out a full and comprehensive investigation into its acquisition of Whakahara block. It had not directed its attention to the crux of Waata's petition i.e. had the land been fairly purchased. Notwithstanding an invitation from Waata and his co-petitioners to do so, it did not measure the Whakahara purchase against the yardstick of the Treaty of Waitangi. In fact, the select committee's response leaves an impression of seeking an excuse to dismiss a long-standing petition, rather 160

than to seriously consider its implications.

After the lapse of some eighty years, the queries and concerns of Waata and his co-petitioners have not gone away. They still await a proper response on behalf of the Crown.

Ka mutu tenei korero.

( 161

~

APPENDIX 1 WHAKAPAPA OF NGATI WHIU AND NGATI KAWA HAP US OF TE ROROA Source: Mohi Waitai MS Manumanu (TE ROROA IWI) = Maearoa (w) Folder 3. See also Kaipara I M.a. 4/8- 9. I Ngaengae I I Matohi = Wareiahunga (w) I I Pinea = Takutaiakura (w) I I Tarawamoa (w) = Rongo I I Tira Waikato (w) = Mahanga I I Te Hira = Tokaiakina (w) I I
------~I------I------I Te Tumuroto = Tokane (w) Ohi (w) = Taratu 2 Tauterekura (w) =Te Whetu Te Awhi = Tupunania

(continued over page) 162

APPENDIX 1 (continued) Source: Mohi Waitai MS WHAKAPAPA OF NGATI WHIU AND NGATI KAWA HAP US OF TE ROROA Folder 3. See also Te Tumuroto's Line Kaipara M.B. 4/8 - 9.

1 1 1 1 Te Tumuroto = Tokane (w) Ohi (w) = Taratu 2 Tauterekura (w) = Te Whetu Te Awhi = Tupunania 1 Te Moeroa

1 1 1 Wahanga Te Haukapana (w) = Te Paanga (no Te Popoto) TeTiwha 1 -1------11 1 1 1 Tuaea = Tokane(w) Henare Taramoeroa Ina (w) = Were Kahu (w) = Tamati Whakatara _1 ____- 1 1 1 __- 1 1 1 1-----1 1 1 Rapana Tuaea Waitai = Kata Riwhi Taramoeroa Waipoua Noho Mohi Hariata (w)

1 1 1 1 1 1 1 1 Reupena Waitai Mohi Waitai Matire Hoterene Aporo Tewi Moko 1-----11 Waata Aporo Hemi Aporo

(continued over page)

~ ~ 163

APPENDIX 1 (continued) Source: Mohi Waitai WHAKAPAPA OF NGATI WHIU AND NGATI KAWA HAPUS OF TE ROROA MS Folder 3. See also Ohi's Line Kaipara M.B. 4/8 - 9. I , , , Te Tumuroto = Tokane (w) Ohi (w) ,= Taratu 2 Tauterekura (w) =Te Whetu Te Awhi = Tupunania ,------,, Pataea (w) = Taoho Te Karakia (w) = Hereora , ,------, " , Te Taua (w) = Te Rurunga Te Au = Mahi Tipene Te Waha = Whakamoe (w) Nga .------, , , , , 'I 1 Tiopira Kinaki = Marara Mahuhu (w) Whakahuhu = Remu Kikihu (w) = Penetane Papahurihia Makarini .--__ 1 1 1 1 I I , I I Mohi = Mere (w) Whakarongouru Papahurihia (w) = Wi Titore Peata (w) =Ho Tai I' I 1_ 'I 'I I 1 I Te Po he Mohi = Ema (w) Kata (w) = Waitai Huru Titore Papa Titore = Ruihi Paniora (w) Mata I I I------~'~------~'------~I------' Hiria Pairama (w) Aramaera Paniora (w) Rewiri Tiopira Kahu Kereama (w) Piipi Cummins (w)

(continued over page) 164

APPENDIX 1 (continued) Source.' Mohi Waitai WHAKAPAPA OF NGATI WHIU AND NGATI KAWA HAPUS OF TE ROROA MS Folder 3. See also Kaipara M.B. 4/8 - 9. Tauterekura's and Te Awhi's Lines

1 1 1 1 Te Tumuroto = Tokane (w) Ohi (w) = Taratu 2 Tauterekura (w) =Te Whetu Te Awhi = Tupunania 1 1 ______1 1 1 ,1 1 ~------I , 1 , 1 Murupai Tukupunga = TeAka (w) 1 1 1 1------11 1 1 1 1 Hariata (w) Tamati Whakatara = Kahu (w) Matire (w) = Iritana 1 1 1 1 1 1 ,------,, , ,'------1 , Hone Tana Rehua Maraea Tuwhare (w) Mohi Hariata (w) 165

BIBLIOGRAPHY

( Unpublished Sources

Alemann, Maurice - Early Land Transactions in the Ngati Whatua Tribal Area. MA Thesis Auckland 1992.

Buller, James - Rough Notes of my Visit to Kaipara, Mangahai (sic) Waipu, Whangarei, Mangapai, Wairoa 1869. (ATL).

Colonial Office Papers CO 202-230 (re. Te Kopuru block). Microfilm 1811 (AUL).

Cummins, Piipi - MS Papers (in private possession).

Fergusson, John Johnstone - Draft Maori History. Polynesian Society MS Papers 1187 Folder 48 (ATL).

Graham, George Samuel- Papers MS 120 (AIM).

Graham/Halfpenny - Notes, correspondence, whakapapa papers relating to the Maori tribes of the Kaipara District NZMSS 34 (APL).

Gudgeon, W E - Whakapapa book. MS 128 (AIM). (

Maori Affairs Registers (correspondence entries only). NA Wgtn.

Maori Land Court, Whangarei - Kaipara M.B.s 1-25, Hokianga M.B.s 1-12, Northern M.B.s 1-40, Whangarei M.B.s 1-6, Auckland Appellate M.B. 7.

Maxwell, C F - Correspondence with S P Smith. Polynesian Society MS Papers 1187 Folder 6 (ATL).

National Archives Wellington - Letter 29 November 1994 to Garry Hooker.

Ngakuru, Pene Haare. Nga Pakanga. MS 89/116 (AIM).

Ngati Whatua Tribal Register 1877 (AIM).

Paora, Rev Hauraki - This Was the Beginning of It. Undated (probably pre 1892) MS in English. MS 1621 typescript (ATL).

Rogan, John - Letterbooks BADW 105121la and BADW 10519/19 (NAA).

Shepherd Family - Whakapapa MS (in private possession).

Shortland, Edward - Papers MS 86b (HL).. 166

Smith, S P - Ngati Whatua Whakapapa. Polynesian Society MS Papers 1187 Folder 162 (ATL).

Taoho, Te Rore - An Account of the Origin of the Feud between Te Roroa, Ngati Whatua and Nga Puhi Tribes (1896). Polynesian Society MS Papers 1187 Folder 6.

Taramoeroa, Henare - Letter 8 March 1875 to John White. John White Papers MS 75 Folder 59 (ATL).

Tauhara, Pereniki Matiu - MS Papers (in private possession).

Tawhai, Hone Mohi - Correspondence with S P Smith. Polynesian Society MS Papers 1187 Folder 8.

Te Huia, Waka - MS Papers (in private possession).

Te Kawau, Hira - Account of the house Tutangimamae 1920. George Graham Papers MS 120 M12 (AIM).

Tiopira Kinaki and Pairama Ngutahi to Dr. Pollen from Pouto 22 April 1877. NLP 77/90. NA Wgtn.

Tuhaere, Paora & ors - He Pukapuka Whakapapa Tupuna no Ngati Whatua. GNZMS 25 (APL), Transl. By George Graham MS 120 (AIM).

Turnbull, Margaret (nee Blight) - The Work of the Rev. James Buller in the Methodist Church of New Zealand. MA Thesis 1950.

Waitai, Mohi - MS Papers 93/94 (AIM).

White, John - MS Papers 75B Folder 22. Vol. 8 Eng. (ATL).

White, John - MS Papers 714/3 (APL).

Published Sources

Alemann, Maurice - Mangawhai Forest Claim WAI 229 AI.

Ballara, Angela - Iwi. Wellington 1998.

Best, Elsdon - Tuhoe (2 vols). Wellington 1925.

Buller, James - Forty Years in New Zealand. London 1878.

Carleton, Hugh - The Life of Henry Williams (2 vols). Auckland 1874.

Cowan, James - The Maoris of New Zealand. Wellington 1910. 167

Daamen, Hamer & Rigby - Rangahaua Whanui District 1 Auckland Report 1996.

Davis, Te Aue (comp) - Place Names of the Ancestors, A Maori Oral History ( Atlas. Wellington 1985.

Department of Maori Affairs - He Pepeha He Whakatauki no Tai Tokerau. Whangarei 1987.

Forest, Logan - Pouto 105 Years 1879-1984.

Gadd, Bernard - The Rev. James Buller 1812-1884. Auckland 1966.

Gudgeon, T W - The History & Doings of the Maoris. Auckland 1885.

Hongi, Hare (H M Stowell) - On Ariki and Incidentally Tohunga. JPS Vol 18:84-89.

Hongi, Hare - The Ancient Maori. Weekly Press 23 September 1926.

Jackson, Moira - A Report on Desecration of Taonga by Andreas Reischek in Northern Kaipara - Wairoa WAI 271 A8.

Kaamira, Himiona - The Story of Kupe. JPS Vol 66:217-248.

Keene, Florence - Tai Tokerau. Whangarei n.d.

Kereama, Matire - The Tail ofthe Fish. Auckland 1967.

McGregor, John - Popular Maori Songs Supp 2. Auckland 1903.

Marsden, Samuel- Letters and Journals ed by Elder. Dunedin 1932.

Mead, Sidney Moko (ed) - Te Maori. Auckland 1985.

N Z SOciety of Genealogists - monumental inscriptions Oturei Maori Cemetery A07.19 - 00454 (microfiche).

Ngata, Apirana - The Origin of Maori Carving. Te Ao Hou Vol 22:31.

Ngata/Jones - Nga Moteatea Vol 1 Wellington 1959.

Nicholas, John Liddiard - Narrative of a Voyage to New Zealand (2 vols) London 1817.

Pewa - About Taoho JPS Vol 20:113.

Ryburn, Wayne - Tall Spars Steamers & Gum. Auckland 1999.

Sheffield C M - Men Came Voyaging. Auckland 1963. 168

Simmons, D R - The Great New Zealand Myth. Wellington 1976.

Sissons, J, Wihongi Wand Hohepa P - The Puriri Trees are Laughing. ( Auckland 1987.

Smith, Norman - Maori Land Law. Wellington 1960.

Smith, S P - The History of Otakanini Pa, Kaipara. TNZI Vol XXVIII pp 41-47 1895.

Smith, S P - Peopling of the North JPS Vols 5-6 (supp). Wellington 1896.

Smith, S P - Maori Wars of the Nineteenth Century. Wellington 1910.

Stirling, Bruce - The Lands of Te Uri 0 Hau 0 Te Wahapu 0 Kaipara Vol 1 - The Nineteenth Century WAI 271 A3.

Taonui, Aperahama - He Pukapuka Whakapapa mo Nga Tupuna Maori (AIM). Transl by D R Simmons Records Auckland Institute Museum Vol 12:57-82. (Also unpublished translation by Rev. Maori Marsden).

Tate, Pa (ed) - Karanga Hokianga. Motuti. nd.

Tawhai, Mohi - The Pihe for Nukutawhiti. JPS Vol 49:221-234.

Te Aranui, Matiu - The Story of Rongo. JPS Vol 20:105-107.

Thomas, Paul- The Crown and Maori in the Northem Wairoa 1840-1865. An Overview Report commissioned by the Crown Forestry Rental Trust 1999.

Tinne, J E - The Wonderland of the Antipodes. London 1873.

Tregear, Edward - The Maori Polynesian Comparative Dictionary. Wellington 1891.

Tuhaere, Paora - An Historical Narrative Concerning the Conquest of Kaipara and Tamaki by Ngati Whatua. JPS Vol 32:229-237.

Waitangi Tribunal- Te Roroa Report. Wellington 1992.

Walzl, Tony - Land Issues Within the Otamatea Area. WAI 229 A8.

Ward, Alan - A Show of Justice. Auckland 1978.

Whakatara, Tamati - The Story of Rongo. JPS Vol 20:78-85.

White, John - Maori Customs and Superstitions Lecture 1861 published in T W Gudgeons - The History & Doings of the Maoris. Auckland 1885. 169

Williams, P L B - Mr. Forsaith Has His Store Sacked. Auckland-Waikato Historical Journal Vol 35:13-14. Auckland 1979.

Wright, Wiremu - Manawhenua Report, Te Uri 0 Hau 0 Te Wahapu 0 ( Kaipara. WAI271 A11986.

Official Publications

Appendices to the Journals of the House of Representatives.

Further Papers Relative to the Military Operations in New Zealand GBPP 1864.

New Zealand Journals of the Legislative Council & House of Representatives.

Te Kahiti (The Gazette).

Te Runanga 0 Ngati Whatua Act 1988.

Turton, H H - Maori Deeds of Land Purchases in the North Island of New Zealand 1877.

Turton, H H - Maori Deeds & Old Private Land Purchases 1882. ( Turton, H H - Epitome of Official Documents Relative to Native Affairs and Land Purchases in the North Island of New Zealand 1803.

Official Plans

Te Kopuru, Tatarariki and Oruapo Blocks - tracing SO 1417c (18677). (In a letter (ref 1950-03) dated 12 May 1995 DOSLI suggests to this witness that that plan possibly was received about September 1867. Its author is unknown).

Oturei Block - plan 2658 (1873).

Newspapers/Magazines/Periodicals

Te Ao Hou

Te Karere Maori

Te Tiupiri 170

Te Waka Maori

The Church Gazette

The Northlander magazine

The Northlander newspaper

Abbreviations

AIM - Auckland Institute & Museum Library

APL - Auckland Public Libraries

ATL - Alexander Turnbull Library

AUL - Auckland University Library

HL Hocken Library

NAA - National Archives Auckland

NAWgtn National Archives, Wellington

Whakapapa Abbreviations

(t) tane

(t1 ) tane no. 1

(t2) tane no. 2

(t3) tane no. 3

(w) wahine

(w1) wahine no. 1

(w2) wahine no. 2

(w3) wahine no. 3 171

ENDNOTES ( Paora Tuhaere & Ors He Pukapuka Whakapapa Tupuna no Ngati Whatua 1881:1 translated by George Graham - MS 120 (AIM).

Graham's note on his translation of this important MS reads: "The original MS from which this was translated is in the Grey Collection, Auckland Public Library. It was written by the late Paora Tuhaere at the request of Sir George Grey when we were on a visit to him at the Kawau in 1881. There assisted him in its narrative Te Hemara Tauhia (of Mahurangi), Pairama (of Kaipara) Tamehana Te Huna (Awataha, Shoal Bay), Ringori Te Ao (Henderson Creek), Hori Paerimu of Orakei and others. Tuhaere and myself took turns in noting down their narratives from which Tuhaere compiled the MS history embodying the same".

2 The forms Tuputupuwhenua and Tumutumuwhenua are interchangeable - see the Tawhai MS JPS Vol. 49:225. This report generally adopts the former form which is that traditionally employed by Te Roroa. For the aboriginal status of Tuputupuwhenua see also Tregear 1891 :558, Smith 1896:51, J J Fergusson MS, Hare Hongi (H M Stowell) 1926 and Sheffield 1963:22.

The evolution of a Nga Puhi orthodoxy of Kupe's discovery of an unoccupied ( Hokianga resulted in a later denial of Tuputupuwhenua origins - see H M Tawhai to S P Smith 28 June 1897 p 12 (Polynesian Society MS Papers 1187 Folder 8 ATL) postulating the origin of Tuputupuwhenua in Takitumu voyagers and Himiona Kaamira - a member of Hokianga wanaga which sought to reconcile disparate oral traditions - (The Story of Kupe JPS Vol. 66:271), asserting that Tuputupuwhenua was Kupe's son.

3 Aperahama Taonui 1849: 58. The translation is by the late Rev Maori Marsden. See also the Tawhai MS above which in its repetition of many of the elements of the Tuputupuwhenua story earlier related by Taonui clearly is in the Taonui tradition.

Tuakainga - which also is the name of a karakia in which an acknowledgment is made to the original owner of whenua - is shown in whakapapa by Hare Hongi (JPS Vol. 18:86-87) as the eponymous tupuna of Ngati Whatua. Other versions are that the name of that tribe derives from the tupuna Tua of Takitumu waka - hence the Ngati Whatua mode of address E Tua - or from Whatuakaimarie of the waka Mahuhu-ki-te-rangi immigrants.

4 1885 Land court evidence of Re Te Tai ofTe Rarawa MLC Northern M.B.7I105. 172

5 Copy of an untitled and author unidentified MS sent by Rev A Brown to Chief Justice William Martin in 1854 and copied by Edward Shortland in 1855 - Edward Shortland Papers MS 86 HL. Translated by D R Simmons 1976:213

6 J J Fergusson MS. Fergusson, who had married into the Maori/Pakeha Leaf whanau of Whirinaki, Hokianga, recorded that his MS was completed in 1897.

7 Author unknown, a Nga Puhi story entitled Kupe - John White Papers MS75 B17Voi. 8 Eng-ATL.

8 H M Tawhai letter to S P Smith 28 June 1892 p11 - Polynesian Society MS Papers 1187 Folder 8 ATL.

9 Waka Te Huia MS. Rev Maori Marsden oral information. Waitangi Tribunal's Te Roroa Report 1992:9. Wright 1996:61 incorrectly calls Motuhuru a boundary point between Nga Puhi and Ngati Whatua.

10 Rev Hauraki Paora - This was the Beginning of It - undated (probably pre 1892) MS in English p80 ATL. (

II Rev Hauraki Paora supra p74. Graham/Halfpenny MS APL.

12 Church Gazette 1875:17-18. A Rangi, who may not be the eponymous tupuna of the tribe, is said to have lived at Tangihua, Whatitiri and the Northern Wairoa - Hare Hikairo Te Karere Maori 30 March 1863 p9. MLC Kaipara M.B. 31102. Turton's Deeds p76, Turton's Old Land Claims p78. Dept. of Maori Affairs 1987:3.

13 JPS Vol. 18:86-87. Other Ngati Rangi whakapapa e.g. by Komene Matiu Te Aranui of Ngati Toki ki Mangakahia (MLC Kaipara M.B. 3/339), Matiki Kuha of Ngati Mauku ki Kaipara (MLC Kaipara M.B. 4/310-311) and by Hare Hikairo (Te Karere Maori 30 March 1863 p5) understandably are much shorter.

14 NgatalJones 1959:270. The pepeha also features on the headstone of Ngati Rangi and Te Roroa descendant Rui Te Haara (died 1935) at St. Michael's Church, Ngawha, Taiamai. 173

15 Mc Gregor 1903:63.

( 16 Polynesian Society MS Papers 1187 Folder 162 p136 - also Te Waka Maori 18 April 1876 p88.

17 Waka Te Huia MS.

18 JPS Vol. 48:187, Smith 1896:39, White 1861:199-200, WhiteAHM Vol. 5:76 (Eng).

19 Hemi Parata ofTe Uri 0 Hau MLC Kaipara M.B. 7/105.

20 Te Hemara Tauhia of Ngati Rongo and Te Kawerau MLC Kaipara M.B. 5/21.

21 Heta Paikea of Te Uri 0 Hau MLC Kaipara M.B. 8/320. Paikea seemingly was referring to the Kaipara, rather than the Northern Wairoa district.

( 22 Piri Teira (Billy Taylor) of Ngai Tupeto MLC Northern M.B. 7/273. J J Fergusson MS. Smith 1896:40. The place name Te Whaiti-nui-a-Toi (The Narrows), usually more readily recognisable as being associated with the Bay of Plenty, also is at Hokianga.

23 Smith 1896:40. The old pa ofTai Tokerau generally are attributed to Ngati Awa - Hemi Papakura MLC Northern M.B. 8/206; Wiremu Hohepa MLC Kaipara M.B. 6/139.

Te Aupouri originally was known as Ngati Awa (Allen Bell The Early History of Kaitaia - The Northlander newspaper 22 June 1922; Karanga Hokianga n.d. pp 75-76); Ngati Kahu has been identified as of Ngati Awa (Smith 1896:50, Simmons 1976:319); Te Rarawa has acknowledged links to Ngati Awa (e.g. to Te Reinga of Ngati Awa - Smith 1896:44); Nga Puhi evolved out of Ngati Awa, Puhimoanaariki, the eponymous tupuna of Nga Puhi, being a great grandson of Awanui (Taonui MS 1849:63, Hare Maika MLC Northern M.B. 4/449, Gudgeon 1885; 109), while the Ngati Awa links of Ngati Whatua, Ngati Wai and Te Roroa, whose tupuna formerly were associated with the Ngati Awa area of Parengarenga, are undoubted.

( 174

24 George Graham Papers MS 120, M55-AIM. Smith 1896:44, Simmons 1976:218-231. In this report the term Muriwhenua is intended to ( encompass the northern peninsula from Kaitaia to Te Reinga and North Cape.

The Te Kao/Parengarenga area not only is associated in tradition with the kumara-bearing waka Mahuhu-ki-te-rangi, but traditionally is said to be the proper place for growing kurnara - Mutu Kapa MLC Northern M.B. 16/73. It is the area where Po of Kurahaupo waka, a descendant of the Mahuhu-ki-te­ rangi voyagers, is recorded as having been interred (at Mokaikai according to Kapata Te Kaka MLC Northern M.B. 17/239) after his waka was wrecked at Takapaukura (Tom Bowling Bay), Hawaiki. Te Kao, probably a variant of Te Whakao, also is associated in Tai Tokerau tradition with kumara-bearing Pourangahua (the eponymous tupuna of Ngati Pou alias Te Uri-o-Pou) and his birds (Keene Tai Tokerau n.d. p19). The same story, in which Pourangahua on his birds brings kumara from Parinuitera, Te Whakao, Hawaiki to the Bay of Plenty, is known to Ngati Awa (Best's Tuhoe pp 704,706,924).

Mataatua waka is said to have come from Parinuitera, Hawaiki (Smith 1896;17-18) while Te Arawa waka is also associated with Parengarenga, where the place name Te Toko-o-Te Arawa still survives.

25 For Tohe's journey see Mutu Kapa MLC Northern M.B. 85n, The Northlander newspaper 19 February 1930, Te Roroa Report 1992:17-18, Keene 1963:45-52 and Davis (comp) 1985:21-23. The latter account, which failed to draw upon authentic tradition, sadly is marred by error.

26 Wright 1996:29. Te Roroa Report 1992:4,359.

27 Aperahama Taonui 1849:63. Rev Maori Marsden oral information. J J Fergusson MS, As indicated by Wright 1996: 106, the evidence points to overpopulation and competition for resources as the causes of migration from Muriwhenua. The death of Taureka needs to be seen as a cultural and social justification for the migration and accompanying warfare.

28 Piri Teira MLC Northern M.B. 34/235, Iraia Kuao MLC Northern M.B. 34/244, Hone Makarini MLC Northern M.B. 34/262. J J Fergusson MS. Smith 1896:30.

29 Aperahama Taonui 1849:63. As per note 28 supra.

30 H M Tawhai to S P Smith 28 June 1892 - Polynesian Society MS Papers 1187 Folder 8. Smith 1896:58. 175

31 Hapakuku Ruia MLC Northern M.B. 3/198.

( 32 Piipi Cummins of Te Roroa oral information. Smith 1896:58. Ngakuru Pene Haare MS p22. Hapakuku Moetara ofTe Roroa ki Waimamaku also associated Ngati Awa with the Waimamaku area - Ngata, Te Ao Hou Vol. 22:31. Although Smith 1896:11 records that Tumoana's people were conquered by Ngati Whatua and Ngati Awa, it is apparent that Ngati Whatua had not then assumed a corporate identity under that name. Smith would have been on firmer ground had he confined his reference to Ngati Awa.

33 Komene Poakatahi MLC Northern M.B. 2/200. For other versions of this whakatauki see Hapakuku Moetara MLC Kaipara M.B. 6/296 and Te Roroa Report 1992:4. The version cited derives from the late Piipi Cummins ofTe Roroa.

34 Paraone Hemana MLC Kaipara M.B. 10/53-54. Paraone's association of Te Roroa with Nga Puhi is indicative of past Te Roroa support for the Nga Puhi tribal confederation. I believe that Paraone was mistaken in referring to Tarepo, rather than Pepetaha, as the Ngati Whatua ancestor. Another account (Mohi Waitai MS Folder 2 p300) relates that the division between Te Roroa and the ancestors of the later tribal groups of Te Taou, Te Uri 0 Hau, Ngati Rongo and Ngati Whatua occurred in the lifetime of Ngaengae's son Matohi. (

35 Pene Haare Ngakuru MS.

36 Te Roroa Report 1992:360. The Pepetaha to Ruawheke line comes from H M Tawhai of T e Mahurehure - see note 30 supra.

37 Although usually referred to as belonging to the north (A K Haututu MLC Kaipara M.B. 3/3170). Tutaki's whakapapa and tribal affiliations are unknown. Comparative whakapapa would suggest however that he probably was a descendant of Muriwhenua immigrants. Tamati Whakatara JPS Vol. 20:82. The Ngati Rangi woman Kahurau should not be confused with Kaharau, the son of Rahiri of Nga Puhi. The Ngai TamatealNgati Awa etc. feuds at Muriwhenua are referred to by Smith 1896:42-43 and by Simmons 1976:223.

Smith's supposition (Smith 1896:59) that the Muriwhenua immigrants did not remain long at Waimamaku and WaipoualMaunganui is not supported either by whakapapa or by archaeological research. Extensive garden systems of th the Wairau and Waipoua river valleys, usually carbon-dated to the mid 15 _ 176

16th century (M Taylor, archaeologist, personal communication) are thought to be associated with the Muriwhenua travellers.

38 Tuhaere 1923:229-237 - DOC 001. For the origin of Te Taou tribe, said to have assumed that name following the Nga Ririki settlement of South Kaipara, see also Waka Tuaea Kaipara M.B. 1171-72,2/181, 136-137, Kingi Ruarangi MLC Kaipara M.B. 10/190 and the J J Fergusson MS. Nga Ririki as the old name for Te Taou also is referred to by Te Hemara Tauhia of Ngati Rongo MLC Kaipara M.B. 5/19. The traditional accounts refer to Toutara both as a man and a woman. Ngai Tutaki, which as a corporate group is now extinct, is likely to have been a segment of Ngati Rangi associated with Tutaki's wife Kahurau. Nga Ririki is referred to as part of Nga Oho in the Graham/Halfpenny MS, but as part of Nga lwi in Smith 1895:41. Both Nga Oho and Nga Ririki however generally are considered to be Ngati Awa peoples.

39 Hauraki Paora This was the Beginning of It pp 121-140 - DOC 002. Haumoewarangi's action in going to war without prior notice is remarked upon by the author as not in accordance with custom.

40 Pita Kena MLC Kaipara M.B. 6/282, Hemi Parata MLC Kaipara 6/286, A K Haututu MLC Kaipara M.B. 21211.

4l Hauraki Paora supra. Hapakuku Moetara MLC Kaipara M.B. 6/297, 299. For Pinea see also Te Roroa Report 1992:6,360,364 and Paiwiko Anania MLC Kaipara M.B. 22:95. Although Tuhaere supra refers to Toutara as belonging to Te Uri 0 Hau, that group then was not in existence. Most accounts support the Hauraki Paora version that Toutara was of Nga Ririki.

42 J J Fergusson MS, Heta Hamuera MLC Northern M.B. 7/232, Ruka Te Huru MLC Northern M.B. 7/291. Kairewa was related to Ngati Rangi and to Te Roroa through his Ngai Tuputupuwhenua great grandmother Kaiawhi who married Rahiri's son Kaharau at Waikara north of Maunganui Bluff. Kairewa's wife Waimirirangi also was of Ngai Tamatea.

43 Te Roroa Report 1992:10. Piipi Tiopira (Cummins) MLC Kaipara M.B. 12/145, Te Rare Taoho MLC Kaipara M.B. 6/312. The Native Land Court awarded the Kaihu 1 and adjoining Tunatahi (Dargaville) blocks to the descendants of the Te Roroa tupuna Toa.

44 Hauraki Paora MS ibid. 177

45 S P Smith's Ngati Whatua whakapapa, Polynesian Society MS Papers 1187 Folder 162. Other versions e.g. by Te Otene Kikokiko MLC Kaipara M.B. 21126 hold that Hakiriri had no issue and that Te Taou mana passed to ( his sister Whakatere - the mother of Muriwhakaroto as given in Smith's whakapapa.

46 Hauraki Paora MS supra.

47 Matiu Kapa MLC Northern M.B. 7/254. In his whakapapa Matiu has omitted Takamoana - who married Takaroa, the daughter of Tuwhenuaroa and his wife Turangitoto of Ngati Ruanui, north Hokianga - between Toronge and Waipinerangi. Te Roroa Report 1992:366. At this period Tuiti was visiting his grandsons who had marriedTe Roroa women of Waimamaku.

48 Smith 1896:60-61 where the whare is referred to as Nga-rakau-a-Tu­ ka-tangimamae. It is called Tu-tangi-mamae in Te Kawau 1920:3 and Te Rakau-a-Tu in Tauhara MS p301. Kohuru was a famous master carver who lived probably during the late 17th to early 18th century both at Otaua and Waimamaku, south Hokianga. He is traditionally credited with carving some of the Waimamaku burial chests. Although Smith relates that Ngati Whatua arose from Kaipara, they had not assumed that name at that time. Neither were the Ngati Whatua tupuna then living at Kaipara, but at Kaihu. (

49 Smith ibid. Kukutaepa pa is situated on Poka's Road, Waimamaku while Kaiparaheka pa is on the Waiotemarama Scenic Reserve, at the intersection of SH 12 and Waiotemarama Road, Waimamaku. A surprise attach on unarmed guests inside a whare manuhiri was a classic ploy of Maori warfare. Dept. of Maori Affairs 1987:77.

50 Te Roroa claim Wai 38 - kaumatua evidence. Awarua Maihi MLC Northern M.B. 34/281. Tauhara above refers to the participation of Kawharu. Smith, who may have confused the two Ngati Pou brothers and their pa, ibid. According to Tiopira Kinaki, a descendant of both brothers, Kukutaepa was Tarahape's pa and Kaiparaheka Te Whareumu's pa - MLC Northern M.B. 21208.

51 Te Kawau 1920:2.

52 John White Papers MS 75B Folder 22. This paper employs the form Haumoewarangi which commonly was adopted in the writings of tupuna. 178

53 Hauraki Paora MS p74.

( Mohi Waitai MS Papers Folder 7:134.

Shepherd Family MS. A Tangaroa is said to have arrived on the waka Takitumu - Hauraki Paora MS p62. Smith 1896:53. Takitumu and Mahuhu­ ki-te-rangi are acknowledged as the two main waka of the Ngati Whatua tribal confederation - Te Waka Maori 1847 p122. .

56 H M Tawahi letter 23 June 1892 to S P Smith - Polynesian Society MS Papers 1187 Folder 8.

57 Komene Matiu Te Aranui MLC Whangarei M.B. 5/90.

58 P M Tauhara MS p306.

59 Re Te Tai MLC Northern M.B. 7/106.

60 Waka Te Huia Day Book p163.

61 Hare Hongi (H M Stowell) JPS Vol. 18:87-89.

62 Ruka Te Huru MLC Northern M.B. 8/108.

63 Smith 1896:63, Rev Maori Marsden oral information, Reihana Kena MLC Kaipara M.B. 7/82, Hauraki Paora MS pp 62-74. The latter'S whakapapa of the Takitumu voyagers, who he associates with Nukutawhiti of the waka Nga Tokimatawhaorua, is irreconcilable with his narrative. Te Iho-o-te-rangi, the alleged great grandfather of Haumoewarangi, is much too late to have been a voyager on Takitumu.

Much of Smith's writing on the Uri 0 Hau and Ngati Whatua tribes is confused, careless and contradictory. Having first recorded that at the time of arrival of the Ngati Whatua tupuna from the north Te Uri 0 Hau tupuna probably were in possession of the country they still held, Smith went on to remark that "Haumaiwharangi" - for whom Te Uri 0 Hau is named - was a pure Ngati Whatua, probably from the north. That conclusion apparently was reached on the erroneous basis that Haumoewarangi was the son of Tutaki (Smith 1896:63). And yeteanier in the same work (Smith ibid p59), Smith 179

already had referred to Tutaki as Hau's father-in-law, not his father. See also Baliara 1998: 100. ( 64 Tamati Whakatara JPS Vol. 20:82-85. By abducting Waihekeao, Haumoewarangi was seeking retribution from her Ngati Rangi husband and possibly Nga Ririki, if the latter were her father's people.

65 For lists of the children of Haumoewarangi and Waihekeao see A K Haututu MLC Kaipara M.B. 3/25, Hauraki Paora Polynesian Society MS Papers 1187 Folder 7, Hira Matiu Te Tiupiri No. 56 Vol. 2 (1899) p2, Mihaka Kena MLC Kaipara M.B. 13/128, Mohi Waitai MS Papers Folder 2:304 and Wright 1996:50. The lists suggest that the name Te Hau is an alias for Weka.

66 Te Keene Tangaroa MLC Kaipara M.B. 21116.

61 Matiu Te Aranui JPS Vol. 20: 105-107, Te Hemara Tauhia MLC Kaipara M.B. 3/274, Waka Te Huia MS, Horomona Te Aua Te Karere Maori 1 June 1863 p10. Tamati Whakatara supra.

68 Rev Maori Marsden oral information. (

69 Waka Te Huia MS Papers. Paraone Hemana MLC Kaipara M.B. 10/49. Rev Maori Marsden oral information. Hori Kingi Te Pua MLC Kaipara M.B.9/321. Te Hemara Tauhia MLC Kaipara M.B. 1/137.

10 Waka Te Huia MS Papers. Mohi Waitai MS Papers.

11 Hori Kingi Te Pua MLC Kaipara M.B. 9/318-319 part whakapapa.

12 Te Keene Tangaroa MLC Kaipara M.B. 21118. For Pokopokowhititera as the tupuna of Ngati Whatua tuturu and T e Mangamata hapu see Paraone Ngaweke MLC Kaipara M.B. 1/15 and Wiremu Hoete MLC Kaipara M.B. 6/337.

13 For associations between Otakanini pa and Ngati Whatua tuturu see Smith 1895:41 - who refers to Ngati Whatua proper - and 1896:75.

14 Hauraki Paora MS supra. 180

75 Tapihana Paikea MLC Kaipara M.B. 8/211-212 - see also Wiremu Tipene Kaipara M.B. 1/123. For Te Atuahaere's whakapapa see Paraone Hemana MLC Kaipara M.B. 7/343 and Te Reweti Paenganui Kaipara M.B. 7/337.

76 Hemi Parata MLC Kaipara M.B. 8/103.

77 Waka Te Huia MS Papers. Paraone Hemana MLC Kaipara M.B. 10/49 inserts Te Akauorongo between Rangituke and Waitea. Earlier whakapapa of A K Haututu MLC Kaipara M.B. 3/162 however suggests that Te Akaurongo and Waitea were siblings.

78 Paraone Ngaweke MLC Kaipara M.B. 21124. It is unclear from Paraone's evidence whether Kaiwhare was a sister or daughter of Te Huhunu. Smith 1896:68 records Te Huhunu's birth at Raglan (Whaingaroa). A connection between the Raglan people and Rangiteipu, Haumoewarangi's daughter by his Waikato wife Waewaekura, was drawn by Paraone Ngaweke - suggesting that Waewaekura may have originated from Whaingaroa. For Ngati Kura and Kuramangotini see MLC Northern M.B. 1/92 and Kaipara M.B. 2170 and 7/162-163.

79 Wright 1996:56,65-66. Unless I have not followed Mr. Wright's argument correctly, there seem to me to be inconsistencies in his statements as to the relative positions of the corporate groups descended from Haumoewarangi. Evidence of Paraone Hemana Kaipara M.B. 10/54 indicates that the name Te Uri 0 Hau was in use during the lifetime of Hakiputatomuri's son Pokopokowhititera.

80 Wiremu Henare MLC Kaipara M.B. 8/97.

81 Mihaka Makoare MLC Kaipara M.B. 10/379.

82 Heta Paikea MLC Kaipara M.B. 8/377.

83 Hemi Parata MLC Kaipara M.B. 8/362.

84 Henare Wharara Toka MLC Kaipara M.B. 9/217. 181

85 Composite whakapapa - Hauraki Paora MS Papers, Smith's Ngati Whatua whakapapa (Polynesian Society MS Papers 1187 Folder 162) and Waka Te Huia MS Papers. (

86 White 1861:210 - DOC 003.

87 Cowan 1910:213 - informant Te Rore Taoho ofTe Roroa.

88 Paora Tuhaere MLC Kaipara M. B. 3/52 and AJHR Session 11 1879 G8 pp 44-45 - DOCS 004 and 005.

89 J W Preece to Sir Donald McLean 28 May 1875 MAlMLP 1/1875/236 reproduced in Paul Thomas The Crown and Maori in the Northern Wairoa 1840-1865 Supporting Docs 1089.

90 J G Johnson to CS 20 March 1854 (Turton's Reports of Land Purchase Dept. p58) - DOC 006. J G Johnson to McLean 3 April 1856 (Turton's Reports supra p71) - DOC 007. William White to Governor Brown 14 May 18571N1857/817 reproduced in Paul Thomas supra Supporting Docs 720. Smith 1896 refers to "the Ngati Whatua tribes" when dealing with the Ngati Whatua tribal confederation. In referring to Ngati Whatua tuturu or tribe however, he usually employs the form "Ngati Whatua proper tribe" - Smith 1910:27 - DOCS 008 and 009.

91 For references to Te Uri 0 Hau tribe see MLC Kaipara M.B. 1/17, Kaipara M.B. 2/51,53,70,83, Kaipara M.B. 3/138,141,234,238,250,265,274, 329, Kaipara M.B. 7/37 and Kaipara M.B. 12170,171; for references to Te Roroa tribe see MLC Kaipara M.B. 3/62,119,142,195,196,260,281 and Kaipara M.B. 12170. For references to Te Taou tribe see MLC Kaipara M.B. 2/33,88,99,104,126,135,136 and Kaipara M.B. 12111. Ngati Whatua tribe is described as such at MLC Kaipara M.B. 3/250,274 and Kaipara M.B. 12160,70,71 while Ngati Rongo tribe is referred to at Kaipara M.B. 12160. Historically, Te Uri 0 Hau also has been referred to as an "iwi iti" (Te Karere Maori 3 August 1860).

92 Ballara 1998:100-101. MLC Kaipara M.B. 9/26.

93 Alemann 1992:1-2 - DOC 010. 182

94 Te Runanga 0 Ngati Whatua Act 1998 - DOC 011. Te Runanga 0 Ngati Whatua Poupou - report on hui held at Otamatea marae 20 February ( 1993 - DOC 012. The report recorded election difficulties as the Act required descent from the Uri 0 Hau tupuna Haumoewarangi as a condition of membership. Notwithstanding, the hui voted to proceed with elections to the runanga, which occurred, without requiring members to prove descent from that tupuna. It is apparent from the non-Ngati Whatua marae affiliations of members on the runanga's membership roll, that many members do not descend from Haumoewarangi. On that basis much of the runanga's actions and decisions may well be questionable. Insofar as it permits the runanga's membership roll to be stacked with non-Ngati Whatua members, the current situation also seemingly is unfair to the descendants of Haumoewarangi and to members of Ngati Whatua tuturu.

Curiously, a runanga notice of elections published in The Northland Times and Rodney Reporter of 30 September 1999 - DOC 013 - sought to impose upon runanga members a condition of belonging to specified marae "by direct descent" (whatever that was supposed to mean), rather than being descended from Haumoewarangi.

95 John White 1861:210-211.

96 Smith 1910:330-332. For Koriwhai see Te Roroa Report 1992:367. His father was of Ngati Hine, his mother of Ngati Maanu. The cause of Te Ika­ a-Ranganui was traced back by Taurau Kukupa (Maori Land Court Kaipara M.B. 3/144) to a fight at Waituna over a woman betrothed to Te Ohurua of Te Waiaruhe hapu of Te Uri 0 Hau, in which Te Tao the son of the Nga Puhi chief Pokaia fell.

97 Hori Rewi MLC Whangarei M.B. 4/175.

98 Parore TeAwha MLC Kaipara M.B. 21205.

99 Carleton 1874 (Vol. 1):64. Smith 1910:333 merely says that Hongi overtook Te Whareumu at Mangawhai. Although Heta Paikea of Te Uri 0 Hau names (MLC Kaipara M.B. 9/11) the participating opponents of Nga Puhi as Te Uri 0 Hau, Ngati Whatua, Ngati Mauku, Ngati Rongo and Ngai Tahu, Smith 1910:344 also suggests a Te Taou presence - presumably from South Kaipara, the Tamakimakaurau people under Apihai Te Kawau arriving too late for the battle. According to Wiremu Tipene (MLC Kaipara M.B. 1/125) Te Uri o Katea hapu ofTe Kawerau iwi supported Ngati Whatua, Te Uri 0 Hau and allies in opposing the Nga Puhi forces over a three months fighting period. They were not driven off but remained in the forest with Ngati Rangi after the 183

battle. For the two Te Roroa participants at Te Ika-a-Ranganui see Tiopira Kinaki MLC Kaipara M.B. 3/155.

100 Taurau Kukupa MLC Kaipara M.B. 3/144. Kamariera Wharepapa MLC Kaipara M.B. 3/151.

101 Wiremu Henare MLC Kaipara M.B. 8/101. See also Taurau Kukupa MLC 3/145. White 1861:190-191. See also Smith 1960:101.

102 Hemi Parata MLC Kaipara M.B. 8/365.

103 Taurau Kukupa MLC Kaipara M.B. 3/128,143.

104 Parore TeAwha MLC Kaipara M.B. 21205, Te Karere Maori 1 June 1863 p25, Church Gazette February 1875 p18. The latter article - which refers to Te Roroa under their old name of Ngati Rangi or Ngai Te Rangi - reports Parore's unfounded claims that he was present as an adult when the Boyd was taken at Whangaroa in 1809, that he was placed by Hongi Hika in authority over Te Roroa territories, that Hongi's enemies were defeated at Moremunui and that he (Parore) had never sold a foot of land - DOC 014. (

105 Smith 1910:333. Taurau Kukupa MLC Kaipara M.B. 3/106. A K Haututu MLC Kaipara M.B. 3/162.

106 Te Hemara Tauhia MLC Kaipara M.B. 5/14. Reupena Waitai MLC Kaipara M.B. 12151.

107 Te Parawhau's position owed much to the accidents of topography and whakapapa. By controlling the upper reaches of the densely wooded Northern Wairoa river, the tribe early attracted sawyers and opportunities to participate in the Pakeha market economy. Probably due to the intercession of his Nga Puhi kin at the Bay of Islands, Tirarau was not overlooked by officials such as James Busby in obtaining signatures to the prestigious 1835 Declaration of Independence. A signatory also of the Treaty of Waitangi, Tirarau long was regarded by government as the principal chief of the Northern Wairoa district - see Te Karere Maori 2 May 1842 pp 19-20 where he is called Te tino rangatira - the quintessential chief - of the Northern Wairoa. His relations with government also were aided by the presence of the missionary James Buller. In Maori terms Tirarau had inherited the mana of his father Kukupa, a great toa - Nicholas 1817 Vol. 2 pp 5-6. 184

Some of the Ngai Tahuhu interests were in Hatoi block (MLC Kaipara M.B. 2124; 7/241) and Tangihua block (Turton's Deeds pp 130-131). According to ( Judge W E Gudgeon, the Tangihua district was not conquered from Ngai Tahuhu (MLC Whangarei M.B. 5/250).

108 Mohi Waitai MS Papers Folder 3:83.

109 The Kawerau origin of Ngai Tahuhu is referred to by Simmons 1976:320. For the origin of Te Parawhau see Mita Wepiha MLC Northern M.B. 27/98,137 who records that Tirarau 1 met his death seeking utu for the deaths of the brothers Te Ponaharakeke and Te Waikeri. Undoubtedly, there then was a social need to adopt the new corporate name of Te Parawhau to encompass both Ngai Tahuhu and Nga Puhi. MLC Whangarei M.B. 3/109.

110 According to Judge W E Gudgeon's whakapapa MS p104 "The Ngai Tahuhu tribe of Whangarei were the original owners of that place until stamped out by Te Waha and Tawhiro of Nga Puhi". A similar statement is contained in the John White Papers MS 714/3. "The Parawhau tribe killed and took possession's ofthe tribe Ngai Tahu who were the original owners of Whangarei in the days of Ruaitehoro". Further details of the Whangarei raupatu of Ngai Tahuhu is to be found in Whangarei M. B.'s 4 & 5 of the Native Land Court and in evidence produced to Grey's 1863 arbitration commission re the affair of Matiu Te Aranui. For the forced gifts to Nga Puhi at Mangakahia and Wairua, see MLC Whangarei M.B. 5/43.

111 WE Gudgeon whakapapa MS pp 101-102.

112 Waka Te Huia MS Papers.

113 Waka Te Huia supra. See also Te Roroa Report 1992:365. Another version shows Te Waiata, rather than Whata, marrying the wahine rangatira Ngahue.

114 Paikea had returned to Otamatea, Kaipara in 1840 - Pairama Ngutahi MLC Kaipara M.B. 3/4. According to Buller, by 1839 Ngati Whatua allies had retumed and settled on the banks of the Kaipara - Buller Journal 18 April 1839 as cited in Turnbull 1950:31. Kukupa had brought both Ngati Porou and Ngati Kahungunu slaves from the south - Riria Makoare MLC Kaipara M.B. 6/166. For Ngati Rehia as a hapu ofTe Parawhau see Te Korimako 15 May 1883 p2. 185

115 MLC minutes Waiaruhe block (Kaipara M.B. 3/100), Omu/Manganui block (Kaipara M.B. 3/114), Ounuwhao block (Kaipara M.B. 3/112), Kaihu 2 block (Kaipara M.B. 3/280), Waimata block (Kaipara M.B. 3/130), Kohekohe block (Kaipara M.B. 2/19,75-76), Rukupo block (Kaipara M.B. 3/3570) and Te ( Hoanga block (Kaipara M. B. 2/9). For the expulsion of Taramainuku see Pene Haare Ngakuru MS, Tiopira Kinaki MLC Kaipara M.B. 2/201 and Smith 1910:21. Gifts of Northern Wairoa land to Taramainuku were denied by Eru Whakamautara of Ngati Tautahi, Nga Puhi (MLC Kaipara M.B. 3/103) and by Pairama Ngutahi and A K Haututu ofTe Uri 0 Hau (MLC Kaipara M.B. 3/104,108).

116 According to Tamati Pohe (Whakatara) of Ngati Whiu and Ngati Kawa, Taramainuku ofTe Roroa was the source of Tirarau's and Parore's mana tangata (MLC Kaipara M.B. 6/143). MLC Whangarei M.B.'s 3/291,319 and 5/149.

117 H Tito MLC Whangarei M.B. 5/308. Pouaka Parore Whangarei M.B. 5/310. See also Kepe Rata MLC Kaipara M.B. 5n7 and Te Hira Te Take MLC Whangarei M.B. 5/314. As the Te Roroa Report (1992) indicates, there was much disputing between Parore and other Te Roroa chiefs over Te Roroa land and resources. The Te Roroa chief T e Rore T aoho, for instance, denied Parore's 1870 claim to the Kaihu 1 block, on the grounds that Parore's Te Roroa tupuna Paikea (the father of Taramainuku) was a bastard. And yet as the later sale of timber cutting rights on Opanaki block demonstrates, those two opposing chiefs could also co-operate with each other. By withdrawing all Te Roroa claim to Kaihu 2 block, the Te Roroa chiefTiopira Kinaki also facilitated a Native Land Court 1877 award of that block to Parore, Ani Patene and her son Haimona Pirika - MLC Kaipara M.B. 3/203,280. ll8 Waka Te Huia MS Papers. See also Te Roroa Report 1992:361. Given the number of Taramainuku's descendants as shown in whakapapa, it is curious that so few ofthose descendants were admitted by Parore into titles of the Native Land Court and that much of the Te Kuihi interests later were devised by Parore to his own immediate whanau.

119 Te Karere Maori 15 July 1863 p22. For creation of the 1875 Te Kuihi hegemony, which affected the Northem Wairoa blocks ofWaiaruhe, Omu (Manganui), Ounuwhao and Waimata - as well as the Mangakahia blocks of Mangakirikiri, Tutamoe and Kairara - see MLC Kaipara M.B. 3/100,112- DOCs 015 and 016. Under that arrangement, sought by Parore since 1861, the Mangakahia people gave up all claims on Ounuwhao, Waimata, Omu (Manganui) and Waiaruhe blocks. In exchange, Parore and his party gave up all claims to Tutamoe, Kairara and Mangakirikiri blocks, Mangakahia. The Uri o Hau interests in the first named blocks - which probably were derived from Ngati Rangi - were satisfied by the gift to them by Tirarau of Mangarata block. 186

A condition of the gift, which illustrates how Tirarau generally supported his brother-in-law Parore's interests, was that Te Uri 0 Hau, including Paikea, were not to apply for a rehearing of the Ounuwhao decision - which recognised the interests of Parore and resident Ngati Rangi, but not Te Uri 0 Hau.

That, that arrangement did not cater to the needs of all parties is evident from ignored requests by Wiremu Hohepa (MA Register 1875/5402 entry only) for a rehearing of Waimata block awarded only to Parore Te Awha and his adherent Ani Patene - MLC Kaipara M.B. 3/130. Te Roroa under Tiopira Kinaki also considered that their interests had been ignored and later successfully obtained a solatium from Parore in respect to the block -Te Roroa Report 1992:74-75.

James Clendon to Under Secretary Native Dept. 16 September 1878 - John Rogan letter book A588/531. Paora Tuhaere MLC Kaipara M.B. 3/272-273.

Events respecting Tutamoe block are just as questionable. On 6 October 1874 Parore advised government (MA Register 1874/5816 entry only) that he had agreed to sell to the Crown his land called Tutamoe, extending as far as Mangakahia. The area of land, which suggests the whole Mangakahia valley, supposedly contained 800,000 acres. On 4 August 1875 (MA Register 1875/4525 entry only) Parore advised that he had received payment from McDonnel for Tutamoe. And yet five months earlier, according to the Native Land Court record (see note 13 supra), he had surrendered all claims to Tutamoe in favour of the Mangakahia people. On 23 October 1876 Parore forwarded an objection to the Tutamoe sale as he and Tirarau had only received 150 pounds. He stated that he had been deceived and would not let the land go (MA Register 1876/5798 entry only). His letter was recorded as being referred to Preece.

120 MLC Kaipara M.B. 21215-217. Te Rore Taoho, who also was protesting attempts to classify Te Roroa as part of Nga Puhi, MLC Kaipara M. B. 3/115. Hapakuku Moetara was emphasising the difference between Te Roroa tuturu and Ngati Whatua tuturu, Northern M.B. 1/212.

121 MLC Kaipara M.B. 9/221. Wi Apo Kaipara M.B. 9/105. Te Rore Taoho An Account of the Origin of the Feud Between Te Roroa, Ngati Whatua and Nga Puhi Tribes (1896) - Polynesian Society MS Papers 1187 Folder 6. It was in recognition of Te Roroa's military assistance to Te Uri 0 Hau that Tiopira Kinaki's name was placed amongst Te Uri 0 Hau owners of Oruawharo block when that land passed through the Native Land Court.

122 Waiata 26 April 1840 and Tirarau 26 May 1840 (MA Register 1840/15 & 17), Tirarau 26 May 1840 and Waiata October 1840 (MA Register 1840/17 & 37), Tirarau 15 May 1845 and Buller 15 May 1845 (MA Register 187

18451177,180,181) - all entries only. Resident Magistrate Hokianga 2 April 1859 (MA Register 18591196 entry only). Te Karere Maori 1 June 1863 p25. ( 123 Te Karere Maori supra. Further papers Relative to the Military Operations in New Zealand GBPP 1864 p23. For Parere's so called Nga Puhi claims under Taramainuku see, for instance, MLC Kaipara M.B. 3/102,271. Throughout the 1830s to 1870s Parere largely seems to have lived in the lower Kaihu valley or on the Northern Wairoa river at places such as Te Hoanga. Tinne's plan of his Kaihu flax lease suggests that in 1873 Parere was living at Te Houhanga marae Kaihu. It should be noted that Kaihu also was the old name for the township of Dargaville.

124 . Te Rore Taoho MLC Kaipara M.B. 61301. Parore Te Awha MLC Kaipara M.B. 2/206. It was Ngati Apa hapu of Te Uri 0 Hau who lived with Parore at Kaihu. They also had land rights at Okaro, Pouto and Oruawharo, Kaipara. On their behalf Parere signed the 1835 Declaration of Independence. Te Kuihi had connections to Te Rarawa through Te Kawau, a Te Rarawa toa. The latter married Taramainuku's daughter Tuha. Te Rarawa came to the aid of Tirarau and Parere in their 1860 dispute with Paikea (refer to Paul Thomas The Crown and Maori in the Northern Wairoa 1840-1865 pp 178-179), providing 6 war canoes and 300 warriors in support of the TiraraulParore cause. Subsequently, Parere rewarded Wiremu Rikihana of Te Rarawa with a grant of land at Opanaki, Kaihu, upon which today stands St. Agnes' Church and the Hokokehu hapu of Te Rarawa marae ( Tama Te Ua Ua (Wiremu Rikihana MLC Hokianga M.B. 51323-324). Paraone Ngaweke MLC Kaipara M.B. 3/276. Parore Te Awha MLC Kaipara M.B. 21206.

125 Evidence of Tirarau incorporated in report of George Clarke to Hobson 15 March 1842 (CO 202-230 microfilm 1811 AUL). Parore 25 July 1845, Te Wheinga 25 August 1845 (MA Register 18451345 and 18451437 entries only). Haimona Pirika Ngai 20 April 1875 and 30 April 1875 (MA Register 187512152, 187512158 entries only). Parore Te Awha to James Clendon 17 September 1878 in John Rogan letter book BADW A5881531. Te Karere Maori 15 July 1863 p22. James Clendon to Under Secretary Native Dept. 16 September 1878 in John Rogan letter book supra. Paora Tuhaere MLC Kaipara M.B. 3/272-273. Te Otene Kikokiko Kaipara M.B. 21130. Te Otene's wife, Maata Tira Koroheke, was Ani's cousin and of a similar disposition. Pirika Ngai MLC Kaipara M.B. 31120. Parore Te Awha MLC Kaipara M.B. 3/271. Puhi Hihi Parere 18 October 1873 and Parore Te Awha 28 October 1874 (MA Registers 187315952, 1874174 entries only).

126 Parere Te Awha 10 March 1840, Tirarau Kukupa 10 September 1840 and Resident Magistrate, Whangarei 17 October 1863 relative to Tirarau's appointment as a court assessor (MA Registers 184013, 1840136 and 188

1863/592 - all entries only). At one stage Tirarau was being paid 60 pounds p.a. for the discharge of his duties. In 1873 Parore was awarded - presumably on the basis that he had acquired pensioner status - a sum of 30 pounds p.a. by the Crown (John Rogan to Under Secretary Native Dept. 4 March 1873 in John Rogan letter book supra.). That sum, roughly equivalent to the purchase price of 533 acres of land at the Te Roroa 1870s going rate of 1/1d per acre, presumably continued to be paid by the Crown while Parore was disputing in the mid 1870s Te Roroa title to WaipoualMaunganui.

127 In the Te Roroa Report 1992:80-81 the tribunal found that Messrs. Preece and Kemp, as Crown agents, acted in bad faith towards Parore's Te Roroa opponent Tiopira and resorted to unfair practices. Those practices resulted in Parore gaining some tens of thousands of acres of Te Roroa land.

128 Whakapapa Waka Te Huia MS Papers, Mohi Waitai MS Papers Folder 3. Te Roroa Report 1992:364. Rev Maori Marsden oral information. Tiopira Kinaki MLC Kaipara M.B. 4/9. For the origin of Ngati Whiu see Ruka Korakora MLC Northern M.B. 8/143.

129 Whakapapa Waka Te Huia MS Papers, Mohi Waitai MS Papers Folder 3. For the whakatauki see Williams' dictionary under the word pakewa. The ( battle of Pikoi has been described in Sissons et aI1987:108-122. The Ngati PoulTe Roroa leaders were Te Maunga (who returned to Waipoua after the battle), Toko (a casualty of the fighting), Tukarawa (who subsequently settled at Whangaroa) and Paka (who joined Nene's people at Upper Waihou, Hokianga) - Sissons ibid p 115. Taiamai was the inland Bay of Islands area stretching from Ngawha in the west to Waimate North.

A northern origin for Ngati Whiu and Ngati Kawa also is suggested by the Ngati Whatua Kaipara register 1877 which shows Ngati Kawa as a Nga Puhi hapu with kainga at Oruariki (Aoroa) under Reupena Waitai and at Te Aratapu under Hone Tana (Rehua). Ngati Kawa however is indicated as a tribe with a settlement at Opango under Tamati Whakatara in the 1860 tribal census. Given that the Ngati Whatua register also records Te Roroa ki Kaihu both as a tribe and as a hapu , its perceptions and reliability may be suspect. As a Kaipara register, the register does not deal with Maori communities north of Kaihu - resulting in one of many continuing attempts to partition Te Roroa's customary territory to Hokianga South Head.

130 Mohi Waitai MS Papers, Smith 1896:41.

131 Rev Maori Marsden, who lived at Pouerua, Te Kopuru, oral information. Reupena Waitai MLC Kaipara M.B. 12/50,138. 189

132 Tiopira Kinaki MLC Northern M.B. 21209-210.

133 Mohi Waitai MS Papers composite whakapapa. See also Te Roroa ( Report 1992:362,366.

134 Reupena Waitai MLC Kaipara M.B. 12151 - DOC 017. Te Paanga of Te Popoto - Muriwai's first cousin - married Te Haukapanga (w) of Ngati Whiu and Ngati Kawa ki Northern Wairoa. Their son was the Northern Wairoa chief Henare Taramoeroa (see Appendix 1 hereof, MLC Northern M.B. 14/267-270 and Kaipara M.B. 4n), the vendor of Whakahara block to O'Brien and a Mangungu Mission supporter (Te Karere Maori 31 May 1856 p 29).

Muriwai's daughter Kereihi married the prophet Aperahama Taonui (c1815- 1882). It was in recognition of Muriwai's aroha and support of Ngati Whiu and Ngati Kawa afterTe Ika-a-Ranganui that those Te Roroa hapu who also fought with Te Popoto against Hone Heke, gifted the Oturei block to Taonui­ Tipene Te Waha of Ngati Whiu and Ngati Kawa MLC Kaipara M.B. 3/29. Applicants for investigation of the customary title of Oturei block were Ngati Whiu and Ngati Kawa members Tipene Te Waha, Henare Taramoeroa, Tamati Whakatara and Nopera Henare Taramoeroa - MLC Whangarei Oturei block file - DOC 018.

ForWhakapaka pa see The Northlander magazine (1974) Vol 14 pp 53-58 and Kaipo Hoterene MLC Northern M.B. 14/276. Prior to marrying ( Tauratumaru and coming to live with him at Horeke, Hokianga, Tutahua - who with her husband is commemorated at Otiria marae, Moerewa - had resided with her Ngati Pou people at Ruahoanga pa, Taiamai.

135 Buller 1878:84 - DOC 019.

136 Evidence of T S Forsaith incorporated in report of George Clarke enclosed with Clarke to Hobson 15 March 1842 CO 202-230 (Microfilm 1811, AUL) reproduced in Stirling The Lands of Te Uri 0 Hau 0 Te Wahapu 0 Kaipara Vol 1 WAI271 A3 Supporting Docs T1. Gadd 1966:17 - DOC 020.

IJ7 Evidence of T S Forsaith supra. Clarke to Tirarau and tribe 12 March 1842 enclosed with Clarke to Hobson 15 March 1842 supra.

138 Evidence of George Stephenson incorporated in report of George Clarke enclosed in Clarke to Hobson 15 March 1842 supra. Gadd supra. Buller supra. 190

139 Buller 1878: 85 - DOC 021.

( 140 Buller 1878:87 - DOC 022. George Clarke to Hobson 15 March 1842 supra. Williams 1979:14 - apparently, relying upon the untraced Gwen Howe's Life of Elihu Shaw, suggests that the muru took place in February 1842 while Forsaith and his wife were absent in Sydney - DOC 023.

141 George Clarke to Tirarau and tribe 14 March 1842 enclosed with Clarke to Hobson 15 March 1842 supra. Clarke to Hobson ("Private") 15 March 1842 enclosed with Hobson to Secretary of State for the Colonies 25 March 1842 - Stirling supra Supporting Docs T1.

142 Evidence of Tirarau, Stephenson, Parore and Forsaith incorporated in report of George Clarke enclosed with Clarke to Hobson 15 March 1842 supra. Williams 1979:14 also records "A Maori customer, coming into the store, noticed a skull on the counter which Mrs. Forsaith had picked up from a flax bush on the farm and placed in the store" - DOC 024.

143 Reupena Waitai of Ngati Whiu and Ngati Kawa MLC Kaipara M.B. 12/60 - DOC 025.

144 Evidence of Tirarau supra. Te Karere Maori (in Maori) 2 May 1842 pp 19-20 translated by Rev Mark Mete - DOCs 026 and 027.

145 Te Karere Maori 18 July 1863 P 22 - DOC 028. Te Wheinga (Wing) probably was named after the early Kaipara mariner Captain Wing.

146 H T Kemp to Chief Protector 24 March 1841 - Turton's Public Documents in Connection with Old Land Claims p 2. Te Roroa Report 1992:35.

147 Some three months after the muru, Surveyor General Ligar reported: "Parore has been neutral. He was not present at the robbery of Mr. Forsaith" - C W Ligar Surveyor General to CS 28 April 1842 IA 1/184211251 reproduced in Paul Thomas The Crown and Maori in the Northern Wairoa 1840 - 1865 Supporting Docs p 472. Evidence of Tirarau supra. The chief Waiata was of Ngati Ngiro hapu of Ngai Tahuhu iwi - see MLC Kaipara M.B.s 4/278, 310- 311 and 5/158.

148 Tirarau to Friends, White People, Stephenson, Buller, Forsaith, Clarke 191

12 March 1842 and Clarke to Tirarau and tribe both enclosed with Clarke to Hobson 15 March 1842 supra. Clarke's threat may well have fuelled Tirarau's long-standing suspicions. A year earlier fears of government's intention to dispatch armed forces to destroy Maori had been expressed by Tirarau - Buller Journal 20 April 1841 cited in Paul Thomas supra 1999:62. Reupena Waitai supra. Clarke's later May 1842 recollection that Maori had "willingly made compensation" for the muru, not only is astonishing but is at variance with his own contemporary record - George Clarke to CS 23 May 1842 IA 1/1842/905 as reproduced in Paul Thomas supra Supporting Docs p 488.

149 Clarke's letter to Hobson of 15 March 1842 refers to compensation for the loss of Forsaith's property and to land being given to the governor as utu for the plunder. His account in Te Karere Maori 2 May 1842 pp 19-20 talks of an equivalence (whakaritea) for the plunder and that the land was exchanged as payment for the plunder. Buller 1878: 88 - DOC 029 - records that the land was restitution for what had been taken.

Although I have not located corroboration of the suggestion, Williams 1979: 14 - DOC 024 - infers that compensation first was sought by Buller: "On the return of the Forsaiths from Sydney, an enquiry was held by the Rev James Buller at his mission station and Tirarau was asked what compensation he would offer to Mr. Forsaith for the destruction of his property. The chief replied that a bullet through the head would be his only offering as the laws of Tapu were very sacred. Mr. Forsaith petitioned Governor Hobson for assistance and George Clarke, the Protector of Aborigines, journeyed north to investigate. He cleared Forsaith of complicity and persuaded the chief to cede a piece of land to the injured party - apparently an area of 10 square miles was given to him as compensation!"

150 Clarke to Hobson 15 March 1842 supra. Alemann M Early Land Transactions in the Ngati Whatua Tribal Area 1992.

151 MLC Kaipara M.B. 12147 et seq - DOC 030, Reupena Waitai MLC Kaipara M.B. 12160 - DOC 025, Paraone Pairama MLC Kaipara M.B. 12187- 90 - DOC 031. Tiopira, this witness' great great grandfather, is said to have been born about 1820 when his father Te Rurunga was killed in the TuwharelTe Rauparaha war expedition of 1819-1820 (oral information from his daughter Piipi Cummins). He deposed (Kaipara M.B. 3/155 - DOC 032) that he was a young child able to walk at the time of the battle of Te Ika-a­ Ranganui 1825. In 1842 he probably was living at Waipoua, Hokianga as a young man in his early 20s - not at the Northern Wairoa. According to his own account, he went from Waipoua to Mangungu, Hokianga to witness the treaty discussions in February 1840 (Kaipara M.B. 3/156 -157 - DOC 033). He also is on record as having advised Rogan that he (Tiopira) was at Hokianga when the muru transpired - Rogan to Fenton 3? April 1866 Rogan letterbook BADW A588/533 - DOC 034. 192

Eramiha Paikea died in 1898 (Kaipara M.B. 7/234). For him to have participated as a chief in the surrender of Te Kopuru block, he would have had to be over 90 years of age at his death. His father, who died in 1873, was ( estimated to be 80 years old in 1865 (Daamen, Hamer & Rigby, Rangahaua Whanui District 1 Report 1996:172). On that basis and on the assumption that Eramiha - the child of Paikea's second marriage - was born while his father was aged somewhere between 30 - 50, Eramiha could have been aged between 27 and 7 in 1842. As with Tiopira, it seems likely that he was too young in 1842 to have agreed to the surrender of Te Kopuru block.

According to Simons whanau information derived from Eileen Nathan, Haimona Pirika, their tupuna who was referred to as a young man in 1878 (James Clendon to Under Secretary Native Dept 16 September 1878 Rogan letterbook BADW A588/531), was born in 1861 -19 years after the surrender of Te Kopuru block. On that basis, Haimona could not possibly have joined in the 1842 surrender of the block.

152 Enclosure E in Clarke to Hobson 15 March 1842 supra., Plan marked A enclosed with Ugar to Colonial Secretary 28 April 1842 Stirling supra Supporting Docs K. Stirling supra p 25. Those stream courses are particularly evident from Plan 1417c - DOC 035 - drawn about 1867 which shows the Makaka stream striking inland to approximately lot 34 of Te Kopuru block and the 1873 Oturei block Plan 2658 - DOC 036 - which indicates the arc of the Aratapu stream into Oturei block. In my view, it is likely that both streams had their sources in the large swamp shown on Ligar's map.

Stirling's reference supra p 38 to "a small party of natives living near Mangawhai" claiming a piece of land between Tatarariki and Te Kopuru may involve an error of interpretation. In my view, the reference (Rogan to McLean 8 July 1854 reproduced in Paul Thomas The Crown and Maori in the Northern Wairoa 1840 - 1865 Supporting Docs 1158-1159) to Mangawhai properly should read Mangawhare. If that view is correct, Rogan probably was referring to the Ngati Whiu and Ngati Kawa people of Oruariki which, being approximately a mile and a half south of Mangawhare, would fit a description of being near Mangawhare. See also Rogan to H.T. Clarke 12 May 1870 BADW 1051211a - DOC 03SA where Rogan associates Mangawhare with the last two letters being so imprecisely delineated that they suggest a "u" or "i" - with Forsaith.

The 1854 event may provide further, though indirect, evidence of the Ngati Whiu and Ngati Kawa post 1842 claims to Te Kopuru block as set out in Section 3.3 of this report.

Oturei block was gifted to Aperahama Taonui by the Ngati Whiu and Ngati Kawa people, rather than by Te Uri 0 Hau as stated by Stirling supra p 30. As already mentioned, the gift was passed through the Native Land Court by Tipene Te Waha of Ngati Whiu and Ngati Kawa - see Kaipara M.B. 3/29- DOC 037 - whose whakapapa is recorded in Appendix 1 hereof. The Court 193

minutes record that the Ngati Whiu/Ngati Kawa claim was supported by Te Hemara Tauhia of Ngati Rongo and by Pairama Ngatahi, A.K. Haututu and Pirika Ngai of Te Uri 0 Hau. A tupuna stone in the Oturei urupa, said to be the site of Papakawau, commemorates only the Ngati Whiu tupuna Te Hira ( and Kaharau, the Nga Puhi tupuna of Aperahama Taonui and his Te Popoto people. The stone was erected in 1897 (N Z Society of Genealogists, monumental inscriptions Oturei Maori cemetery). If Oturei block had been customarily held by Te Uri 0 Hau as Mr. Stirling has suggested, one would have expected to have seen an ancestor of that iwi commemorated on the tupuna stone. As it is, I have been unable to locate any evidence establishing a customary Te Uri 0 Hau occupation of the block. Rogan to Mclean 26 February 1857 IA 1/1857/915. Te Kahiti (The Gazette) 30 July 1891 P 195- DOC 038. Kaipara M.B. 5/151 - DOC 039.

153 Henare Taramoeroa of Ngati Whiu and Ngati Kawa to John White 8 March 1875 - John White Papers MS 75 Folder 59 - DOC 040. The translation is by Moengaroa Murray ofTe Roroa.

154 Hobson to Principal Secretary of State 25 March 1842 with enclosures supra. Te Karere Maori 2 May 1842 pp 19-20 - DOCs 026 and 027. Chief Protector's Report 18 August 1842 of a Visit to the Northern Island including Mr. Forsaith's Station - Stirling supra Supporting Docs K1. Ward 1974:46- DOC 041. ( 155 Buller 1878:87 - DOC 022.

156 Te Karere Maori 2 May 1842 pp 19-20 supra.

157 Evidence of native Paul incorporated in report of George Clarke enclosed with Clarke to Hobson 15 March 1842 supra. It is unclear whether Paora repeated his evidence to Clarke or whether it merely was conveyed through Forsaith - in which latter event it must have been hearsay. Paul is identified as Paora Tokatea, a Christian slave, in Buller 1878:88 - DOC 029.

158 T e Karere Maori supra.

159 Te Karere Maori supra. Clarke's letters were addressed to Tirarau and tribe. Buller should have been aware that local Ngati Whiu and Ngati Kawa people, who had ancestral rights to the Northern Wairoa area, were living close to the Mangungu Mission Station at Hokianga - see Te Karere Maori February 1858 p 29 which records co-authorship of a letter from Mangungu by Tiopira and Henare Taramoeroa of Ngati Whiu and Ngati Kawa and others. 194

160 Tumbull, Margaret (nee Blight) The Work of the Rev James Buller in the Methodist Church of New Zealand (MA Thesis) 1950 p 47 - DOC 042. It seems unlikely that the subject of Clarke's visit some four months earlier ( would not have arisen at this meeting.

161 Buller, Rev James Rough Notes of my Visit to Kaipara, Mangahai (sic), Waipu, Whangarei, Mangapai, Wairoa (1869) - Saturday 28th - DOC 043.

162 MA Register 1847/41 entry only. Native Secretary to Hone Tana, Wairoa 20 May 1847, Turton's Reports of Land Purchase Department p 93 - DOC 044.

163 Rogan to McLean 26 February 1857, IA 1/1857/915 - see also Stirling supra p 27. LlNZ Auckland could not locate the original survey plans for both Tatarariki and Te Kopuru blocks.

164 Rogan to Acting Native Secretary 17 January 1865, Rogan's letterbook BADW 1051211a - DOC 045.

165 Rogan to Chief Commissioner 5 June 1861, AJHR C1 P 101-102- DOC 045A.

166 Rybum 1999:24. Rogan to Chief Judge Fenton 3? April 1866, Rogan's letterbook supra - DOC 046.

167 Piipi Cummins MS Papers.

168 Rogan to Fenton 14 May 1866 and 13 August 1866, Rogan's letterbook supra - DOC 047.

169 Maori Land Court Kaipara M.B. 217,16 - DOCs 048 and 049.

170 Reupena Waitai MLC Kaipara M.B. 12160 - DOC 025.

171 MA Register 1878/2590, entry only.

172 N Z Joumals of the Legislative Council and House of Representatives 195

1881 P XX 11 - DOC 050. National Archives Wellington to this witness 29 November 1994 - DOC 051. Ngati Whatua Kaipara Tribal Register 1877. Ngati Whiu and Ngati Kawa rangatira such as Tamati Whakatara and Waitai were admitted into the title of Te Roroa land as representatives of those groups - see Kaihu case MLC Kaipara M.B. 21276 -277. Other Ngati Whiu and Ngati Kawa rangatira, such as Tonganui also lived with Te Roroa tuturu at Waipoua - Komene Poakatahi MLC Northern M.B. 21201. Ryburn 1999:56-57.

173 MA Register 188212028, entry only.

174 MA Register 1886/3007, entry only. See also Stirling supra p 29. Evidence of Samuel Cummings (properly Cummins) MLC Kaipara M.B. 6/126.

175 MLC Kaipara M.B. 5/151 - DOC 052. Te Kahiti (The Gazette) 30 July 1891 P 195 - DOC 053.

176 Petition 407/1917 reproduced in Stirling supra Supporting Docs M1. See also Stirling supra p 30.

As Ngati Whatua tuturu never has had any settlements in the Northern Wairoa district, the petition's reference to that tribe is surprising. Although Ngati Whatua tuturu is on record as having a very minor interest with Te Uri 0 Hau in Oruapo block (Turton's Deeds pp 218-221), the so-called Ngati Whatua vendors also were members of Te Taou tribe whose tupuna had lived with Te Uri 0 Hau on Oruapo block before their migration to South Kaipara (Hauraki Paora MS This Was the Beginning of It p 131). The document's reference to Ngati Whatua, which reference may well have originated with the deed's witness S P Smith - that great supporter of the subsuming of smaller tribes into larger tribes - relates, I believe, to Te Taou tribe.

For the absence of Ngati Whatua settlement in the Northern Wairoa district, see Pairama Ngutahi of Te Uri 0 Hau MLC Kaipara M.B. 3/318 and Te Rore Taoho of Te Roroa Kaipara M.B. 6/306. The latter deposed in court that Ngati Whatua tuturu dwelt at Kaipara.

177 Matiu Te Aranui, The Story of Rongo JPS Vol 20:105. Te Karere Maori 1 June 1863 p10.

178 Tiopira Kinaki MLC Kaipara M.B. 4/19.

179 H.M. Tawhai MLC Northern M.B. 8/275. It is in reference to the capture and death of Te Kawau that the tribal name Te Mahurehure was 196

adopted for the purpose of unifying various disparate Waima hapu, including hapu of Ngati Awa origins. For the origin of the tribal name Te Mahurehure see Raniera Wharerau MLC Northern M.B. 34/202, Iraia Kuao MLC Northern M.B. 34/244 and Waipapa Mihaka MLC Northern M.B. 8/65.

180 Raniera Wharerau MLC Northern M.B. 34/197. Smith 1896:95 records that Hekeua and others defended Motuwheteke (there referred to as Motuwhitiki) against Nga Puhi, apparently without success. Rev. Maori Marsden oral information.

181 C.F. Maxwell to S.P. Smith 20 July 1890 and 19 December 1896- Polynesian Society MS Papers 1187 Folder 7. Smith 1910:52. Hapakuku Moetara MLC Kaipara M.B. 4/11.

182 Te Roroa Report 1992:360, Waka Te Huia MS and Ereatara MLC Kaipara M.B. 1/121.

183 Marsden 1932:295. He also apparently had disembarked at Okaro Bay, Pouto where he discovered that the inhabitants had fled into the woods for fear of Nga Puhi.

( 184 MLC Kaipara M.B. 4/6. Bruce Stirling, The Lands of Te Uri 0 Hau 0 Te Wahapu 0 Kaipara WAI271 A3 - Treasury Vouchers 70928 & 83013 DOC R3. I am much indebted to Mr. Stirling for his account and analysis of the Tikinui transaction. Stirling supra p70 et seq.

185 Tamati Pohe to Chief Judge Fenton 25 August 1880, Stirling supra DOC R3.

186 Tamati was the sole non-seller out of 17 Maori owners of Aoroa block, upon which he lived. He claimed that his co-owners were all non-resident vendors. Offered the sum of 100 pounds or 100 acres by William Harding, a son of John Harding, to abandon his nearby kainga of Oruariki - which he declined - Tamati was awarded on 17 August 1880 (a week prior to his letter to Fenton) 200 acres at Oruariki by the Native Land Court - Kaipara M.B. 4/29-32, DOC 54.

187 Stirling supra p77.

188 MLC Kaipara M.B. 4/147 et seq. 197

189 Te Roroa Report 1992:364 and Waka Te Huia MS.

190 MLC Kaipara M.B. 4/155. Stirling supra p78. Although Stirling suggests that Tiopira was awarded "an individual interest in the land due to a member of his family having been raised there", that is not the reason provided in the Court judgement. Occupation per se also never provided a customary right to land - Smith 1960:88. In the view of this witness Tiopira and Ngati Whiu had the same claim to the land as Te Uri 0 Hau i.e. by take tupuna.

191 MLC Auckland Appellate Court M.B. 7/101-102. As Stirling observes­ Stirling ibid p77 - the Tikinui rehearing took place before two inexperienced Land Court judges.

192 Te Roroa Report 1992:364,367 and Waka Te Huia MS.

193 Wilkinson to Gill 28 September 1882, Stirling supra DOC R3. Arama Karaka Haututu died in 1885 - for succession to his interest in Tikinui block see MLC Kaipara M.B. 6/110. Tiopira died in 1887. Succession to his interest in Tikinui block is dealt with at MLC Kaipara M.B. 6/66.

( 194 MLC Kaipara M.B. 11/190-191.

195 Stirling supra pp 82-83.

1% MLC Kaipara M.B. 21216-217. Kaipara M.B. 3/20,277,280,284.

197 MLC Kaipara M.B. 3/323-325, Kaipara M.B. 3/313. Waka Te Huia MS.

198 MLC Kaipara M.B. 7/59 - DOC 55.

199 MLC Kaipara M.B. 9/160 - DOC 56.

200 Waka Te Huia MS Ledger p57. The relationship also is acknowledged by Te Aupouri - see Kereama 1967: 18 who has confused Hapitinganui with his father Pokopokowhititera - DOC 57.

" ...."" ,.. ~ . 198

201 Waka Te Huia MS Day Book p8.

202 Mihaka Makoare MLC Kaipara M.B. 4/338.

203 Pita Kena MLC Kaipara M.B. 7/37, Mihaka Makoare MLC Kaipara M.B. 7/64, Reihana Kena MLC Kaipara M.B. 7/81, Paraone Hemana MLC Kaipara MeB. 7/95 and Hemi Parata Kaipara M.B. 7/95. Ngati Toki ki Mangakahia also may have had a claim - at least under take tupuna - see MLC Kaipara M.B. 3/342.

204 For a comprehensive account of the Klingender transaction see Bruce Stirling, "The Lands of Te Uri 0 Hau 0 Te Wahapu 0 Kaipara" WAI 271 A3 p149 et seq. I am much indebted to Mr. Stirling for his discussion of the case for the omitted five ibid p214 et seq. The record reflects agreement amongst Pouto based tangata whenua to endeavour to jettison non-permanently based owners prior to the hearing. Although it initially was claimed by Pouto based owners that "seven of the Original owners of the block have no right whatever to the land", that number later reduced to five with the admission outside Court of Hemana Whiti and Hone Waiti - MLC Kaipara M.B. 7/34-49.

205 MLC Kaipara M.B. 3/284. H WToka MLC Kaipara M.B. 7/62. Northern M.B. 7/160-166. Gittos MLC Kaipara M.B. Sn6.

206 MLC Kaipara M.B. 5/62 - DOC 58.

207 MLC Kaipara M.B. 7/36-41

208 H WToka MLC Kaipara M.B. 7/41-42

209 MLC Kaipara M.B. 6/297 - DOC 59.

210 For Tiopira's descent from Rongo see Te Roroa Report 1992:36

2ll Pewa JPS Vol 20:113 - DOC 60. The original 1894 MS in Maori may be found in Polynesian Society MS Papers 1187 Folder 6 (ATL). Taoho, who died about 1838, was a noted seer, poet and warrior. 199

212 Tiopira Taoho and Pairama Ngutahi to Dr. Pollen from Pouto 22 April 1877 N LP 77/90 - DOC 61. Everade May Lucas oral information. Entry for Pophia Cummins in Forrest, Pouto 105 Years 1879-1984 p89 - DOC 62. Piipi Kamana (Cummins) to James Brown from Pouto 29 August 1897 NLP 97/223 ( reproduced in Stirling supra WAI 271 A3 DOC R4. As with the cases against the interests of Te Hemara Tauhia and Henare Rawhiti, Mr. Stirling's account does not scrutinise the veracity of Toka's evidence.

213 MLC Kaipara M.B. 21219-220. For the list of beneficial owners of Kaihu 1 Block see Kaipara M.B. 21235-237. Tinne 1873:71-73. According to Hapakuku Moetara and Te Rore Taoho of Te Roroa, who disapproved of non­ Te Roroa people being admitted into the Kaihu 1 title, their kaiwhakahaere (conductor) Tiopira was badly persuaded to admit other people - MLC Kaipara M.B. 6/296, 304. Te Rore Taoho MLC Kaipara M.B. 6/306, 311. For distribution of the sale proceeds ofWaipoualMaunganui see Te Rore Taoho MLC Kaipara M.B. 6/310, 312.

214 MLC Kaipara M.B. 7/41-42. Tapihana Paikea MLC Kaipara M.B. 6/358. Under cross-examination Toka conceded that he had heard that Henare Rawhiti was of Te Uri 0 Hau.

215 Memo of Interview between His Excellency the Governor and the Chiefs ofthe Uri 0 Hau MA 13/101 reproduced in Paul Thomas The Crown and Maori in the Northern Wairoa 1840-185 Supporting Docs pp 778-782

216 Composite whakapapa Hori Kingi Te Pua MLC Kaipara M.B. 9/318-319 and Waka Te Huia MS.

217 Whakapapa by Pita Kena MLC Kaipara M.B. 7/37.

218 Mihaka Makoare, Pita Kena and H W Toka MLC Kaipara M.B. 5/154.

219 MLC Kaipara M.B. 7/53

220 Stirling supra WAI271 A3.

221 Te Hemara Tauhia's grandmother Te Urungatapu was described as a member of both Ngati Rongo and Te Uri 0 Hau by Hami Tawaewae - MLC Kaipara M.B. 6/360. 200

222 For this well known whakatauki (saying) of Te Roroa see the Te Roroa Report 1992:12. The puru (plug) is the protuberance at the top of Tokatoka maunga, an extinct volcano. As the puru blocked a volcanic eruption, so did ( Taoho block war descending upon Kaipara.

223 Te Roroa Report 1992:12,17. Piipi Tiopira (Cummins) MLC Kaipara M.B. 121145, Te Rore Taoho, An Account ofthe Origin of the Feud Between Te Roroa, Ngati Whatua and Nga Puhi Tribes - Polynesian Society MS Papers 1187 Folder 6. Hapakuku Moetara MLC Kaipara M.B. 4/11, 6/296. Tokatoka and Maunganui Bluff are associated in Te Aupouri tradition with Taoho of Te Roroa and the "ancient people of Kaipara" - presumably Ngai Tuputupuwhenua or Ngati Rangi - Simmons 1976:227. Toa's capture of Tokatoka pa was commemorated in the naming of his cousin Patokatoka, Pinea's daughter.

For Te Roroa historical claims to Tokatoka block see William White's 1856 evidence (GBPP Vol 10 (1860) p286 reproduced in Thomas supra Supporting Docs 1901): "A native named Henere Jarramoloa" (Henare Taramoeroa)" is anxious to sell northward of Mr. O'Brien's claim" (probably Arapohue block) "and adjoining it" (Tokatoka block). Presumably White then was unaware that Tokatoka block already had been sold.

224 Te Rore Taoho supra. See also Smith 1910:29 et seq. (

225 Smith 1910:41-42. It is noted that variations of this ngeri (war chant) exist between the versions of Smith and Te Rore Taoho.

226 Pouaka Parore MLC Whangarei M.B. 4/246 -247. Tauke's death prompted Kukupa to tum upon Te Uri 0 Hau following Te Ika-a-Ranganui. Of a party of 100 refugees who later returned from Waikato to join Paikea and Kukupa, 20 were slain by Kukupa as utu for Tauke - A K Haututu MLC Kaipara M.B. 3/163. Whakapapa Waka Te Huia MS.

227 W C Kensington to Waata Aporo and others 1 March 1909 LS 7255 WAI 271 A6 DOC M p33.

228 Whakahara deed of sale dated 28 December 1839 cited in Hawthorne memo 11 December 1917 LS 7255 WAI271 A6 DOC M pp 6-7. O'Brien to Governor 7 September 1844 cited in Tony Walzl Land Issues within the Otamatea Area WAI229 A8 pp 84-85 Supporting Docs Vol 1 pp 213-214. The estimate of 3150 acres is based on the 1917 subdivisions of Whakahara parish, for which see WAI 271 A6 DOC M pp 10-11. 201

229 Walzl supra WAI 229 A8 p84, O'Brien to Governor 7 September 1844 OLe 1/355 - Walzl supra Supporting Docs Vol 1 pp 213-214. O'Brien refers to his "late survey" of the land based on the "exact boundaries", which proved that there was "not above one half of the area of 60,000 acres cited in the ( deed. Although he endeavoured to blame Taramoeroa for the shortfall"- my chief gave me to understand there were (and signed the Deed for) sixty thousand acres", - acres and measurements, of course, were Pakeha - not Maori - concepts - Walzl supra Supporting Docs Vol 1 pp 190-191. O'Brien's 13 September 1844 evidence before Commissioner Fitzgerald - Walzl supra Supporting Docs Vol 1 pp 186-187 - acknowledged that "Paikea had some claim to the land for which he received payment".

Land Court investigations of a number of blocks north of Tokatoka and Whakahara suggest both a mix of shared Te Uri 0 HaulTe Roroa rights and some exclusive Te Roroa rights. Arapohue block adjacent to Whakahara block was sold by Te Roroa to the Crown in 1859 (Turton's Deeds p204) while Manginahae block, adjacent to Arapohue block, was awarded by the Native Land Court to Te Roroa (Kaipara M.B. 3/359-360). A claim to the inland portion of Arapohue block however was preferred by Paikea (AJHR 1861 C 1 p102). Horehore (Kaipara M.B. 3/24-27) and Maungatawhiri (Kaipara M.B. 1/45-48) blocks seem to have had shared Te Uri 0 HaulTe Roroa interests­ with perhaps predominant interests of the former.

230 Evidence of O'Brien 13 September 1844 OLC 1/355, O'Brien to Governor 7 September 1844 OLC 1/355 - Walzl supra Supporting Docs Vol 1 ( pp 186-187, 213-214.

231 Minute by Fitzgerald 14 September 1844 OLC 1/355 - Walzl supra Supporting Docs Vol 1 p183.

232 Minute by Grey 7 or 8 November 1853 OLC 1/355 - Walzl supra Supporting Docs Vol 1 p176.

233 O'Brien to Colonial Secretary 18 January 1854 OLC 1/355 - Walzl supra Supporting Docs Vol 1 pp 243-245.

234 Hastings Atkins (Atkyns?) to Colonial Secretary 25 April 1854 - Walzl supra p150. McLean to Johnson 18 May 1854 - Walzl supra Supporting Docs Vol 2 p329. J G Johnson to McLean 20 July 1854 with O'Brien to Colonial Secretary 28 September 1854IA 1/1854/3168 reproduced in Thomas supra Supporting Docs 639-645. 202

235 Note by Johnson 6 September 1854 attached to Fenton to Johnson 8 September 1854 cited in Thomas supra p160. ( 236 Turton's Deeds p189. - DOC 063.

237 Johnson to McLean 18 December 1854 - Turton's Reports of the Land Purchase Dept p97. - DOC 064.

238 Fenton to Customs Collector W Young 23 August 1854 - Thomas supra Supporting Docs 632.

239 J G Johnson memo 6 September 1854 enclosed with Fenton to Colonial Secretary 9 September 1854 IAl1854/1609 - Thomas supra Supporting Docs 624. Fenton to Colonial Secretary 18 April 1855 1A11854/205 - Thomas supra Supporting Docs 651.

240 Johnson to Colonial Secretary 7 October 1854 - Turton's Reports of the Land Purchase Dept p63. McLean minutes 9 November 1854 OLC 1/355 - Walzl supra Supporting Docs Vol 1 p249. Fenton to Johnson 1 December 1854 - Turton's Reports of the Land Purchase Dept p97 reproduced in Walzl ( supra Supporting Docs Vol 2 p331.

241 Johnson to Fenton 18 December 1854 - Turton's Reports of the Land Purchase Dept p98 reproduced in Walzl supra Supporting Docs Vol 2 p332. The date of the meeting is deductible from the date of execution of the Whakahara deed of sale.

242 Johnson to McLean 18 December 1854 - Turton's Reports of the Land Purchase Dept p97 reproduced in Walzl supra Supporting Docs Vol 2 p331. See also MA Register 1855/9 NA. Kemp to Colonial Secretary 19 April 1855 - Turton's Reports of the Land Purchase Dept p99.

243 Fenton report 26 January 1855 OLC 1/355 - Walzl supra Supporting Docs Vol 1 p257. Hawthorne memo 11 December 1917 - LS 7255 WAI271 A6 DOC M p7 - cites the later Whakahara deed of sale dated 11 December 1854.

244 Johnson to McLean 18 December 1854 - Turton's Reports of the Land Purchase Dept p98 - Walzl supra Supporting Docs Vol 2 p332. See also MA Register 1855/8 entry only. 203

245 Fenton to Colonial Secretary 18 April 1855 supra - Thomas supra Supporting Docs 651. Thomas supra p150.

( 246 Buick 1936:75.

247 Moira Jackson A Report on Desecration of Taonga by Andreas Reischek in Northern Kaipara - Wairoa WAI271 A8 pp 524,531-533,537.

248 Enclosure with Skeet to Under Secretary for Lands 21 November 1917 LS 7255 WAI271 A6 DOC M pp 10 -11.

249 That the TaramoeroaiParore dispute over Whakahara was said in 1854 to interfere with the "industrial pursuits of the Natives" i.e. the spar trade, suggests that growing timber probably remained on Whakahara block at the date of the Crown purchase - Hastings Atkins (Atkyns?) to Colonial Secretary 25 April 1854 - Walzl supra p151. A house built for O'Brien on the land also does not seem to have been paid for - Evidence of O'Brien OLC 1/355 Walzl supra Supporting Docs Vol 1 p197.

250 In 1846 Parore complained to Grey of settler damage to urupa. Some six weeks later, when the crisis no doubt had subsided, Grey responded that initially he had been too busy to become involved in the matter. He however invited Parore to Auckland, where he promised an investigation. It is unknown whether Parore took up Grey's offer - Parore to Grey 30 October 1846, Grey to Parore 19 December 1846 - Governor's Letter Books 22 February 1846 to 29 October 1852 cited in Thomas supra pp 66-67. Moira Jackson supra. Te Roroa Report 1992.

25l McLean to Kemp - Turton's Reports of the Land Purchase Dept p99. - DOC 065.

252 Turton's Deeds Receipts p717. - DOC 066.

253 Maurice Alemann, Mangawhai Forest Claim WAI 229 Ai p21. Thomas spra p104 footnote 265. McLean Diary 1857 - DOC 067. Thomas supra Supporting Docs 1448. Return of Native Land Purchase Dept 7 August 1860 - Turton's Reports ofthe Native Land Dept p171. - DOC 068. 204

254 Skeet to Under Secretary for Lands 9 October 1917 LS 7255 WAI 271 A6 DOC M p16. Alemann Early Land Transactions in the Ngati Whatua Tribal Area p34. - DOC 069. (

255 Schedule of Land Purchased in New Zealand - Turton's Reports of the Native Land Dept p188. - DOC 070.

256 Waata Aporo and others to Under Secretary Crown Lands 16 December 1908 - LS 7255 WAI 271 A6 DOC M pp 38-39. Kensington to S P Smith 4 February 1909 and Smith in reply 6 February 1909 endorsed thereon pp 35-36. KenSington to Waata Aporo 1 March 1909 ibid p33.

257 The original 1854 deed of sale of Whakahara block was forwarded to the Colonial Secretary on 22 January 1855 - MA Register 1855/8 entry only. Petition No. 255 of 1917 (English translation only) LS 7255 WAI 271 A6 DOC M pp 23-24.

258 Memorandum 11 December 1917 by Hawthorne - LS 7255 WAI 271 A6 DOC M pp 7 - 8.

259 Journals of the House of Representatives & Legislative Council 1920 p27. - DOC 071. (

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