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DUPLICATE WA1. ~,S -E: I DUPLICATE WA1. ~,s - E: i tdlft. J 11 -- A' Crown Acquisition and Desecration ofNga Potiki Land A Report Commissioned by the Waitangi Tribunal . - by HEATHER BASSETT RICHARD KAY Bassett Kay Research May 1999 Table of Contents Introduction 2 The Authors 2 The Commission 3 Structure and Sources 3 Executive Summary 4 Part One: Alienation and Individualisation 9 1.1 Raupatu and the removal of customaiy tenure 9 1.2 Papamoa 1 12 1.3 Papamoa 2 19 (a) Legal Process of Alienation 21 (b) Development Scheme 23 (c) Changing the Legal Status ofNga Potiki Land 26 (d) Block History ofPapamoa 2 27 (e) Papamoa 2 Residue - Burial Ground 39 1.4 Papamoa 3 42 1.5 Mangatawa 43 1.6 Summary 52 Part Two: Public Works 56 2.1 The 'Lethal Weapon' ofthe Public Works Act 56 2.2 Quarry and Water Reservoir (Maungamana) 63 2.3 Rubbish Dump 65 2.4 Oxidation Ponds 71 2.5 Telecommunications Tower (Kopukairoa) 87 2.6 Other Takings 89 ( a) Gas Pipeline 89 (b) East Coast Main Trunk Line and Associated Takings 93 (c) Rifle Range - Land Taken for Defence Purposes 97 2.7 Summary 100 Conclusion 105 Bibliography 111 1 Introduction The Authors 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. Richard Kay has a Bachelor of Arts degree, maJonng in 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. Together, we have written the following reports: • 'Otawa Scenic Reserve' (Wai 210)~ • 'Aspects of the Urbanisation of Maungatapu and Hairini, Tauranga' (Wai 342 and Wai 370)~ • 'Case Studies of Crown Administration in Welcome Bay' (Wai 603); • 'Mangatawa' (Wai 47)~ • 'Otawhiwhi Reserve and Bowentown Domain' (Wai 47)~ • 'Huharua, Pukewhanake and Nga Kuri a Wharei' (Wai 47)~ • 'Ngaiterangi and the Crown' (Wai 215); • 'Matamataharakeke' (Wai 693); • 'Manaia IB & 2B Survey Charges' (Wai 285)~ • 'Kaiaua School Site' (Wai 563)~ • 'Ngati Pukenga and Ngapeke Block' (Wai 47); and • 'Ngati Koata'(Wai 566). 2 The Commission This report has been commissioned by the Waitangi Tribunal for Bassett Kay Research to prepare an historical report on the issues surrounding the Crown's acquisition ofNga Potiki lands. The overriding theme of the report has been identified by representatives of Nga Potiki. Heather Bassett and Richard Kay also attended a meeting with Nga Potiki claims committee on 29 January 1999 at Tamapahore Marae at Papamoa. The meeting was a general discussion on the nature of the research that should be undertaken. At this meeting it was strongly felt that the formal confiscation of land which destroyed Nga Potiki's customary tenure, and subsequent Treaty of Waitangi breaches, have meant that today Nga Potiki are alienated from their whenua and denied control (or tino rangatiratanga) of sacred areas of Tauranga Moana. A further meeting at the marae was attended by Heather Bassett on 1 May where a draft report was presented to the Nga Potiki claims committee and their counsel. This report has been researched and written over a four month period which commenced in January 1999. Structure and Sources This report follows a thematic structure, and is divided into two parts that deal with the issues within a chronological framework that encompasses the period 1840 to 1999. The first part of the report deals with the theme of alienation and individualisation of Nga Potiki lands by examining how the raupatu resulted in Nga Potiki losing customary ownership of their lands, and the subsequent partitioning and alienations of various blocks. The second part of the report looks at the impact of public works taking on Nga Potiki by examining the construction of a quarry, water reservoir, telecommunications tower, rubbish dump, oxidation ponds and other man­ made features on or near their lands. 3 The sources used to prepare this report are primary and secondary written material supplied by Waitangi Tribunal research staff from National Archives in Wellington and by Bassett Kay Research from National Archives in Auckland and the University of Auckland Library. The principle written sources used for this project have been reports from the Waitangi Tribunal, Crown Forestry Rental Trust, local histories, general histories, Native Land Court records, and papers from the Appendices to the Journals o/the House o/Representatives. Executive Summary Part One Following the confiscation of 1865, commissioners appointed under the Tauranga District Lands Act were made responsible for officially deciding who owned Nga Potiki's land. In 1877 and 1878 Crown grants were issued for the Mangatawa (1,295 acres) and Papamoa (12,753 acres) blocks in favour oflisted Nga Potiki individuals. The issue of Crown grants took away Nga Potiki's customary tenure over these lands. Between 1886 and 1893 the Crown purchased individual shares in the Papamoa block representing a total of 7,910 acres ofland The Crown paid a total of £3,263, at a rate of 8 shillings 3 pence per acre. In 1893 the Papamoa block was partitioned by the Native Land Court: Papamoa 1 (7,910 acres) was awarded to the Crown; Papamoa 2 (4,265 acres) was awarded to the non-sellers; and Papamoa 3 (480 acres) was awarded to four minors as part of the sale conditions requested by one owner. The Crown purchase represented the acquisition of 57 percent ofNga Potiki's land at that time. In 1908 the Stout-Ngata commission recommended that the Mangatawa and Papamoa blocks should be reserved for Maori settlement. This resulted in the blocks being administered by the Waiariki District Maori Land Board The aim of the Board was supposed to be to arrange for the land to be leased to one of the owners, and thus used for the benefit of the local people. However, exemptions were readily granted, and 25 leases were made to Pakeha, as opposed to 4 leases to Maori. 4 Since 1896 the Papamoa and Mangatawa blocks have been subdivided many times and a large proportion of the land has been sold. In 1886 Nga Potiki possessed 13,892 acres of land in the Mangatawa and Papamoa blocks. Today only 2,644 acres are still Maori freehold land. This represents only 19 percent of the land they had in 1886. As a result of Crown land purchase, private sales and public works acquisitions Nga Potiki have lost over 80 percent of the land which was awarded to them after the raupatu. When the Papamoa 2 block was partitioned in 1896 38 acres along the sand dunes were left as a burial ground. In 1962 Nga Potiki applied to the Maori Land Court for the area to be legally gazetted as a burial ground reserve. This would have made the land inalienable and not liable for rates. However, the court refused to reserve the land on the grounds that the area was 'far too large' for a burial reserve. This was despite there being no restrictions on size in legislation. Instead of granting Nga Potiki's request to protect their land the court created a section 438 trust to protect / .~ and maintain the graves and lease the land. In 1972 the trust was given the power to \ ,; sell off part of the block in order to meet rates charges. An area of only one acre was reserved as a burial ground to serve as a repository for exposed bones. Circumstances meant that none of the land was sold and today the current trustees wish the whole area to be given the legal status and protection of a wahi tapu reserve. This is in accordance with the stated wishes ofNga Potiki since 1896. Part Two of this report examines what a Nga Potiki elder has described as the 'lethal weapon' of the Public Works Act. Consultation requirements under the Act were less stringent for unregistered Maori freehold land. As a result there was very little consultation with Nga Potiki about public works takings. The procedure for settling compensation often resulted in delays of several years before compensation was paid, and the amount of compensation was often much less than the amount requested by the owners. Valuation criteria did not take into account the special significance of the land to Nga Potiki. 5 The sacred site, Maungamana, an ancient burial ground, was the site of extensive quarrying and is the location of a large water reservoir tank. The quarry was first acquired under the Public Works Act in 1946, after which, when the Ministry of Works wanted to expand the quarry, the Mangatawa-Papamoa Incorporation insisted on only leasing the land. In 1963 a 33 year lease was signed which, while protecting their ownership, still resulted in the physical removal of their maunga, and desecration of their ancestral burial ground. The reservoir was built in 1973 and the council then started to negotiate to buy the site. However, the Mangatawa-Papamoa Incorporation refused, and after being threatened with compulsory acquisition under the Public Works Act negotiated a 999 year lease for the site. Although the site is leased, full compensation was paid for the land which has effectively been lost from Nga Potiki, as well as the visual impact ofthe reservoir.
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