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Hapu and Iwi Land Transactions with the Crown and Europeans in Te Rohe Potae Inquiry District

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Hapu and Iwi Land Transactions with the Crown and Europeans in Te Rohe Potae Inquiry District Wai 898, #A70 HAPU AND IWI LAND TRANSACTIONS WITH THE CROWN AND EUROPEANS IN TE ROHE POTAE INQUIRY DISTRICT, C. 1840–1865 LEANNE BOULTON MARCH 2011 Commissioned by the Waitangi Tribunal for the Te Rohe Potae Inquiry (Wai 898) Boulton: Hapu and Iwi Land Transactions with the Crown and Europeans in Te Rohe Potae Inquiry District, c. 1840 –1865 August 2011 THE AUTHOR Leanne Boulton has been employed as a Research Analyst/Inquiry Facilitator at the Waitangi Tribunal since May 2002. She has completed a report on Native Townships in the Whanganui inquiry district (Wai 903, #A39), co–authored a report on Trusts and Incorporations for the Central North Island Stage 1 inquiry (Wai 1200, #G4) and completed a contextual scoping report on socio–economic issues for the Tongariro National Park inquiry (Wai 1130, #A57). Her most recent work has been in the Tauranga Moana twentieth century inquiry (Wai 215, #S5 and #S6). In that inquiry she was commissioned to prepare two reports: a socio–economic and demographic profile of Maori in the Tauranga district, 2001 and a report on the impact of town and country planning on Tauranga Maori communities between 1953 and 1990. She holds a Bachelor of Arts in English Literature and First Class Honours and a Master of Arts with Distinction in History from the University of Canterbury. author The i Boulton: Hapu and Iwi Land Transactions with the Crown and Europeans in Te Rohe Potae Inquiry District, c. 1840 –1865 August 2011 CONTENTS The author .......................................................................................................................................................... i Abbreviations ............................................................................................................................................... viii Introduction ...................................................................................................................................................... 2 Part I: Early European Contact and Old Land Claims ...................................................................... 12 1. Early contact in Te Rohe Potae, pre­1840 ................................................................................. 14 1.1 Iwi and hapu in the inquiry district before 1840 .................................................................................................... 14 1.2 Harbours and trade .............................................................................................................................................................. 15 1.3 Missionaries and mission stations ................................................................................................................................. 18 1.4 Engagement with new economic opportunities ...................................................................................................... 20 1.5 The nature of early private transactions, pre–1840 ............................................................................................. 21 1.5.1 Transactions with flax traders and early merchants, 1820–1830 .............................................................. 24 1.5.2 Half­caste families and the nature of the European husband’s right to land ......................................... 31 1.5.3 Duration and transferability of European rights to land ................................................................................ 33 1.6 The growth of mixed European‐Maori settlements and pressure to formalise previous agreements over land, 1840–1860 ................................................................................................................................................................... 37 1.7 Speculative land transactions in the months leading up to British annexation, 1839–1840................ 44 2. The Old Land Claims Commission, 1840–1847 ........................................................................... 47 2.1 Introduction ............................................................................................................................................................................. 47 2.2 Crown pre‐emption .............................................................................................................................................................. 51 2.3 The New Zealand Land Claims Act 1840 and the Land Claims Ordinance 1841 ...................................... 51 2.3 The Crown ‘surplus’ and the Land Claims Ordinance 1841 ............................................................................... 59 2.4 FitzRoy’s pre‐emptive waiver purchases ................................................................................................................... 60 2.5 The Land Claims Settlement Act 1856 and the appointment of Commissioner Bell .............................. 62 3. Old Land Claims investigated by Godfrey and Richmond, 1843 ............................................ 67 3.1 Introduction ............................................................................................................................................................................. 67 3.2 The Wesleyan Missionary Society Claims (OLCs 946, 947 & 948) .................................................................. 68 3.3 William Johnston (OLC 1040) .......................................................................................................................................... 83 3.3.4 Delays and difficulties after the commissioners recommendations ............................................................ 88 Contents ii Boulton: Hapu and Iwi Land Transactions with the Crown and Europeans in Te Rohe Potae Inquiry District, c. 1840 –1865 August 2011 4. Wesleyan Missionary Society land not investigated by the Commissioners ..................... 92 4.1 Introduction ............................................................................................................................................................................ 92 4.2 Te Mahoe Mission Station, Mokau ................................................................................................................................. 92 4.3 Raoraokauere (Aotea) Mission Station, Aotea Harbour ...................................................................................... 94 4.4 Te Kopua Mission Station, Waipa ............................................................................................................................... 105 5. Old Land Claims investigated by Bell, 1858–1862 ................................................................... 113 5.1 Introduction ......................................................................................................................................................................... 113 5.2 John Laurie and Samuel Aaron Joseph (OLC 1314A) ......................................................................................... 114 5.3 George Charleton (OLC 1353) ...................................................................................................................................... 122 6. Part I Conclusion .................................................................................................................................. 135 Part II: Crown Land Transactions, 1850­1864 ................................................................................ 144 7. Prologue to Part II of this report ..................................................................................................... 146 7.1 Overview of the Rohe Potae inquiry district in the 1850s .............................................................................. 148 7.2 The Crown’s Native Land Purchasing Policy: An outline ................................................................................. 161 7.2.1 The Role of Protector of Aborigines in land purchasing ................................................................................ 161 7.2.3 The role of the Surveyor General in land purchasing ...................................................................................... 163 7.2.4 Crown land purchasing policy under Governor Grey ...................................................................................... 164 7.2.5 Crown land purchasing under Chief Land Purchase Commissioner Donald McLean ....................... 166 8. Crown Land Transactions in the Rohe Potae Inquiry District before 1854 .................... 174 8.1 Introduction ......................................................................................................................................................................... 174 8.2 Negotiations for Mokau and Awakino land before 1854 ................................................................................. 175 8.2.1 Engagement and Motivations, 1840–1850 .......................................................................................................... 175 8.2.2 Negotiations for the Awakino Block ....................................................................................................................... 183 8.3 Horea Block, 1849–1850 ................................................................................................................................................ 211 8.4 Whaingaroa Block, 1851 ................................................................................................................................................. 223 8.5 Conclusion ............................................................................................................................................................................
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