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Otawa Scenic Reserve OFFICIAL Otawa Scenic Reserve by Heather Bassett This report was commissioned by the Waitangi Tribunal for Wai 209 and Wai 21 0 as part of the consolidated Wai 2 15 claim. August 1996 TABLE OF CONTENTS Research Commission 1. Introduction 2. Scenic Reserves and the Public Works Act 3. The Compulsory Acquisition of Parts Otawa 2A, 2B, 2C 2D, and 2E 4. Delays in Awarding Compensation 1940-1 96 1 5. The Assessment of Compensation and its Distribution 6. The Establishment of the Otawa Kaiate Trust 7. Summary 1 Issues List of Maps Map 1 Map 2 Map 3 Map 4 Index to Document Bank . WAI 209/210 WAITANGI TRIBUNAL CONCERNING the Treaty of Waitangi Act 1975 AND CONCERNING .the Otawa Kaiate Trust claim -. DIRECTION COMMISSIONING RESEARCH 1 Pursuant to clause 5A(1) of the second schedule of the Treaty of waitangi Act 1975, the Tribunal commissions Heather Bassett of Paraparaumu, a member of staff, to complete j. on behalf of the claimants a research report for this claim covering the following matters: The circumstances surrounding the taking of blocks Otawa 2A, 2B, 2C, 2D and 2E, in the Tauranga region under the Public Works Act. (1928), in September 1940. - The extent to which the owners of the land at that time were consulted before the taking, whether any agreement was reached and if so, with whom. The circumstances surrounding the payment of compensation in July 1961, whether the amount fixed was a fair one, and whether the several owners received their rightful entitlements of the compensation. The circumstances surrounding the establishment and subsequent management of the Otawa Kaiate Trust. 2 This commission commences immediately. 3 The commission ends on 31 October at which time one copy of the report will be filed in unbound form together with an indexed document bank and copy of the report on disk. 4 The report may be received as evidence and the commissionee may be cross examined on it. cont. page 2: 5. The Registrar is etc. Page 2 5 The Registrar is to send copies of this direction to: Heather Bassett Claimants Counsel for Claimants Solicitor General, Crown Law Office Director, Office of Treaty Settlements Trust Secretary, Crown Forestry Rental Trust Dated at Wellington this day of August 1995. Deputy Chief Judge N .Smith Deputy Chairperson WAITANGI TRIBUNAL 1. INTRODUCTION i- \ i , I My name is Heather Bassett. I completed a Bachelor of Arts Honours degree, majoring in History, at Waikato University in 1991. From 1993 to - 1995 I worked as-a researcher for the Crown Forestry Rental Trust, and co-authored the Maori Land Legislation Manual. I have been employed as a researcher by the Waitangi Tribunal since July 1995, and have written a research report for Wai 342 and Wai 370 on the expansion of Tauranga city. This report examines the events surrounding the taking of parts of Otawa 2A, 2B, 2C, 2D and 2E for a scenic reserve. The main sources used to compile this report have been correspondence files of the Public Works Department, the Lands and Survey Department, and the Maori Affairs Department. Records of the Te Puke Borough Council (now held by the Western Bay of Plenty District Council in Tauranga) were also used. A first version of this report was distributed in November 1995 as A2 on the record of documents for Wai 209 and A1 for Wai 210, but the report has now been amended due to a file held by the Department of Conservation being supplied to the Tribunal. That file, formerly Lands and Survey 419, provided valuable information about, and references relating to, the failure to adequately consult the owners. This report replaces the November 1995 report, which will be removed from the Wai 209 and 210 records of documents. This report will now be part of the Wai 2 15 record of documents. This report is divided into 5 main sections covering: the relevant legislation; the events leading up to the acquisition of the land; delays in having compensation assessed; the payment of compensation; and the formation of the Otawa Kaiate Trust which now administers the residue of the blocks. The Claims There have been two claims registered with the Waitangi Tribunal for the Otawa Scenic Reserve. Both of these claims have been consolidated by the Tribunal as part of Wai 2 15, Western Bay of Plenty claims. Wai 210 was submitted on 27 January 1988 by Keepa Smallman on behalf of Ngati Pukenga. Mr Smallman claims to have been prejudicially affected by the blocks being 'taken under the Public Works Act cont[r]ary to the wishes of the owners'. The claim asks the Tribunal to recommend that the land be returned to the owners or their descendants. A previous claim, Wai 209, was lodged on 13 April 1987 by W.R.J. Grey for the Otawa Kaiate Trust. That claim asked for the return of the land on the grounds 'that the [original] proclamation was contrary to the spirit and intent of the Public Works act in that the land was not taken for an actual Public Works requirement'. This claim has since been withdrawn, with Mr Grey acknowledging Mr Smallman as the claimant. The Land The land under claim forms part of the Otawa Scenic Reserve, which is located on a range of hills between Te Puke and Welcome Bay, Tauranga (see Maps 1 and 2). The land is covered in native bush, and the majority of the scenic reserve contributes to the Te Puke water catchment. Following the reserve's creation, control was vested in the Te Puke Borough Council.' In 1981 this was revoked and the reserve is now administered by the -. ... Department of C~nservation.~ . .. __ . The claim is to 465 acres, 3 roods, 15 perches of the scenic reserve. This was the area of land taken from the Otawa 2A, 2B, 2C, 2D, and 2E blocks, which were in Maori ownership at the time. The land was taken by proclamation in 1940, under the Scenery Preservation Act 1908 and the Public Works Act 1928. Map 3 shows the area taken for the scenic reserve from each block. Compensation for the land taken was not awarded to the former owners of the blocks until 196 1. During the course of researching this claim it became evident that other areas of land owned by Maori had also been taken for the scenic reserve. These were approximately 30 acres from Otawa Waitaha 1B1 and 1B2. Although these blocks are not the focus of this report (not being part of the claim), the information that was readily available regarding their acquisition has been included. The scenic reserve also includes sections of land that were previously in Pakeha ownership, and one area of crown land. In order to fully cover the establishment of the scenic reserve some details about the acquisition of these sections are also included in this report. Block History The Otawa Block is situated towards the south-eastern boundary of the land confiscated under the New Zealand Settlements Act 1863 on 18 May 1865. Under the provisions of the Tauranga District Lands Acts of 1867 and 1868 the Otawa block was 'returned' to Maori o~nership.~Otawa No 2, an area of 1580 acres, was investigated by H.W. Brabant, a commissioner appointed under the above Acts, and a certificate for the land was issued, dated 1 July 1885.4 In 1931 the Native Land Court partitioned Otawa No 2 into 5 subdivision^.^ The minutes of the 15 January 193 1 hearing record that Maraea Hori and many other owners were present, but do not contain any discussion, or give the reason why the partition was sought. 1. New Zealand Gazette, 27 August 1942, pp 2 113-2 114; 11 June 1953, p 905; 29 October 1964, p 1966 [pp 154-1 581. Numbers in square brackets [I represent the page numbers of the accompanying document bank. 2. Correspondence fromwestern Bay of Plenty District Council, 26 September 1995 [p 541 3. For a histow of the confiscations at Tauranga and the subsequent return of areas of land see Evelyn Stokes, Te Raupatu o Tauranga Moana: The Confscation of Tauranga Lands, University of Waikato, 1990. 4. Commissioner Brabant, 'Lands Returned to Ngaiterangi Tribe Under Tauranga District Land Acts', Appendices to the Journals of the House of Representatives (AJHR), 1886, G-10, p 4 5. Tauranga Native Land Court minute book 13, 15 January 1931, fols 9-10 [pp 12&121] All those present agreed with the partitions and the Court made orders creating the blocks shown in the following table: Block Area No of owners (acres, roods, perches) -... Otawa 2A 72a.2r.23~ - 4 . _ Otawa 2B 181a.2r.18p 10 Otawa 2C 163a.lr.32~ 9 Otawa 2E 980a.2r.29~ remaining (91) The Court declared that the divisions should 'be laid off by lines parallel to South boundary and run in sequence fiom south end. No 2A being southerrnost [sic] division. No 2E to be residue' (see Map 3). An existing track was to remain open to ensure that there would be access to all the subdivisions. The Native Land Court partition orders creating the above divisions formed the title to the separate blocks. The land was not partitioned further, nor was there any alienation, until a portion of each of the blocks was proclaimed as a scenic reserve in 1940. 2. SCENIC RESERVES AND THE PUBLIC WORKS ACT . -/ 1 The land under claim, part Otawa 2A, 2B, 2C, 2D, and 2E, was compulsorily taken as a scenic reserve using the powers of the Public Works Act 1928.
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