h(f(i /15 - C i DUPlICATE YV~11 ,5tfD ~ ,Ail I N gaiterangi and the Crown An Overview Report Commissioned by the Waitangi Tribunal for Ngaiterangi Iwi by RICHARD KAY HEATHER BASSETT Bassett Kay Research June 1998 Table of Contents Introduction 3 The Authors 3 The Commission 3 Structure of Report 4 Parameters of Report 6 Executive Summary 7 1. Ngaiterangi Before Raupatu 14 1.1 Ngaiterangi arrival in Tauranga 14 1.2 Ngaiterangi, Missionaries, Trading and Fighting 16 1.3 The Treaty ofWaitangi and the Crown's Authority 20 1.4 Summary 33 2. Ngaiterangi, Kingitanga, and War 35 2.1 Ngaiterangi and Kingitanga 35 2.2 Pukehinahina and Te Ranga 37 2.3 Summary 43 3. Confiscation 45 3.1 Making Peace 46 ~ 3.2 Land for the Crown 52 3.3 Land for Ngaiterangi 58 3.4 Summary 61 4. Alienation of Land Awarded to Ngaiterangi 63 4.1 Quantifying Land Loss 63 4.2 Removal of Alienation Restrictions 69 4.3 Summary 79 5. Ngaiterangi After Confiscation 81 5.1 Kingitanga 81 5.2 Socio-economic Impact of Raupatu 83 5.3 Ngaiterangi Grievances with the Crown 1885 95 5.4 Stout-Ngata Commission 103 5.5 Sim Commission 104 5.6 Development Schemes 105 5.7 Ongoing Attempts at Redress 105 5.8 Summary 108 1 6. Ngaiterangi Land Used for Public Works 111 6.1 The Public Works Act and Crown Policy on the Acquisition of Maori Land 111 6.2 East Coast Main Trunk Railway and Associated Takings 119 6.3 Tauranga - Te Maunga Motorway 129 6.4 Other Public Works 134 6.5 Total Impact 145 6.6 Summary 147 7. Control, Use and Management Issues 148 7.1 Harbour Issues 151 7.2 Sites of Significance 164 7.3 Summary 172 8. Rates and Urban Expansion 174 8.1 Rates 174 8.2 Urban Expansion 184 8.3 Summary 196 9. Ngaiterangi Iwi 198 9.1 Ko Mataatua te Waka 199 9.2 Te Heke 0 Rangihouhiri 200 9.3 Nga Hapu 0 Ngaiterangi 202 9.4 Summary 221 Maps 223 Bibliography 233 2 Introduction The Authors Richard Kay has a Bachelor of Arts degree, maJormg m history, from Otago University and a Master of Arts Honours degree, majoring in history, from Waikato University. He has a Diploma of Teaching (secondary) from the Auckland College of Education. He is based in Auckland as a contract historian. Heather Bassett has a Bachelor of Arts Honours degree, majoring in history, from Waikato University. She is also studying for a law degree. From 1993 to 1995 she worked as a researcher for the Crown Forestry Rental Trust, during which time she co-authored the Maori Land Legislation Manual. Heather was a staff member at the Waitangi Tribunal from June 1995 to October 1996. She is now working as a contract historian based in Auckland. Together, we have written reports commissioned by the Waitangi Tribunal on the Otawa No 2 blocks (Wai 210), and the urbanisation of Maungatapu and Hairini (Wai 342 and Wai 370); and for Wai 603: 'Case Studies of Crown Administration in Welcome Bay'; and Wai 47; 'Mangatawa', 'Otawhiwhi Reserve and Bowentown Domain', 'Huharua, Pukewhanake and Nga Kuri a Wharei'. The Commission This report has been commissioned by the Waitangi Tribunal on behalf of Ngaiterangi iwi for Bassett Kay Research to prepare a comprehensive overview of the claims of Ngaiterangi iwi as a whole. The aim was to present the Ngaiterangi perspective on breaches of the Treaty of Waitangi in Tauranga Moana from 1840 to the present day. The report is intended as an overview only, which respects the individual hapu identities and their right to present their own story to the Waitangi Tribunal. 3 The overriding theme of the report has been identified by representatives of Ngaiterangi. This is that before their land was confiscated Ngaiterangi were the dominant iwi in Tauranga. The formal confiscation of land, and subsequent Treaty breaches that make up raupatu, have meant that today Ngaiterangi are alienated from their whenua and denied control (or tino rangatiratanga) of Tauranga Moana. This report has been researched and written over a SIX month period which commenced in October 1997. Structure of Report This report follows a thematic structure, although generally within a chronological framework, and focuses on the period 1840 to 1997. Chapter One looks at how Ngaiterangi lived before raupatu and concludes that despite external interference in their rohe they continued to exercise their tino rangatiratanga. Chapter Two examines Ngaiterangi involvement in the Kingitanga and war with the Crown and stresses that this involvement was part of an ongoing battle for tribal autonomy. Chapter Three looks at the implementation of the Crown's confiscation policy and finds that to a number of Ngaiterangi chiefs the peace was an acceptance of terms proposed by the Crown rather than a surrender to the Crown. What soon became evident to the two parties following the peace agreement was that they both had a very different interpretation of the process. Chapter Four quantifies the alienation of 40,000 acres of Ngaiterangi land between 1886 and 1997 and finds that today Ngaiterangi hold only 9,755 acres ofland. This is only 19.28 percent of the land left to them after confiscation. It also examines why restrictions on alienation were ineffectual. 4 Chapter Five examines Ngaiterangi after the confiscation and finds that the iwi made \ Y numerous appeals to the Crown concerning the marginalised position they had been placed in as a result of the confiscation of their land. Chapter Six examines Ngaiterangi land used for public works and finds that public works takings by Crown agencies showed no regard for Ngaiterangi interests, and no regard for ensuring that sufficient land remained for Ngaiterangi support and maintenance. The total amount of Ngaiterangi land used for public works is over 1,000 acres. Chapter Seven looks at the control, use and management issues, particularly, the harbour and foreshore and their significance to Ngaiterangi. The development of the harbour saw Ngaiterangi denied access to their traditional rohe. It also examines the impact of the Crown's devolution of responsibility to local authorities and fmds that Ngaiterangi were adversely effected by the local authorities' failure to meet their , -, Treaty responsibility of consultation and pay due regard to Ngaiterangi values. Chapter Eight looks at the role of local councils in the alienation ofNgaiterangi land, particularly in the form of rate demands and the pressure placed on Ngaiterangi lands to be subdivided for residential purposes. Chapter Nine uses oral testimonies to establish Ngaiterangi identity androhe. It also looks at how Ngaiterangi exercised their mana over that rohe. The oral testimonies have been presented in the chapter as they appear in the transcripts, in particular in regard to the spelling of names, tribes, hapu and places of residence. The main findings of this report can be found in the 'Executive Summary'. A full bibliography is also provided as guidance for the reader. 5 Parameters of Report • The themes covered in this report were specifically identified by Ngaiterangi at a meeting of Te Runanga 0 Ngaiterangi Iwi on 6 June 1997. The report is mainly about Ngaiterangi after the signing of the Treaty of Waitangi and up until the present day. • The sources used to prepare this report are both written and oral. The oral interviews with representatives of the various hapu of N gaiterangi were carried out by Roimata Minhinnick and Paul Stanley. Roimata Minhinnick's brief was to carry out oral interviews with a focus on traditional perceptions of Ngaiterangitanga and raupatu. Paul Stanley was commissioned to carry out oral interviews on contemporary perceptions of Ngaiterangitanga and raupatu. The authors make no claim to have any expertise in the traditional histories and whakapapa of Ngaiterangi iwi. The principle written sources used for this project have been reports from the Waitangi Tribunal, local histories, general histories, Native Land Court records, and papers from the New Zealand Gazette and the Appendices to the Journals a/the House a/Representatives. • The focus of this report is on providing an overview of the claims of N gaiterangi iwi. The focus is specifically designed to highlight a list of grievances, which are generic to the people of N gaiterangi. The approach has been to emphasise a broad range of grievances and the strength of feeling expressed by Ngaiterangi concerning these issues. 6 Executive Summary The purpose of this report was to examine the rohe ofNgaiterangi and how the iwi has exercised their mana over this rohe with the advent of Crown interference in their territory. This was achieved by examining the position of Ngaiterangi prior to the Crown's arrival. The process of confiscation and its impact on the iwi were examined in a legal, social and economic context. Emphasis was placed on the inadequacies of Ngaiterangi reserves and the Crown's failure to protect the Treaty of Waitangi rights of the iwi. The Crown devolved their responsibility to the local authorities but failed to ensure that the iwi Treaty rights were protected. The Crown's delegation of power to local authorities has had an obvious detrimental impact on the iwi, with an ongoing sense of· grievance towards the Crown for their failure to honour the Treaty by ensuring that Ngaiterangi could enjoy the control, use and management of their lands. Today there is a feeling amongst both the older and younger members of the iwi that Ngaiterangi have been marginalised socially and economically from their whenua, and therefore their future. Nevertheless, throughout this process of colonisation Ngaiterangi had fought to maintain their tribal autonomy and developed a culture of resistance towards the Crown.