WA If.~ \ ,WA' ~'S • •. t. ~ ". , " ' t 1 f ~ Ngati Kahu, Ngati ran~o, Ngati Rangi \ I This report was was cOmmissioned by the Waitangi Tribunal for Wai 42A, a claim lodged by Ngatl Kahu in 1986 (Wai 27). prepared by Des Tatana Kahotea M.A.(Hons) December 1996 Statement of Claim It. To the Registrar Waitangi Tribunal This amended statement of claim amends the statement of claim (Wai 27, 1986 ) We N ga Kaumatua Mack Apaapa Ngati KahuJNgati Pango Morehu Ngatoko Ngati Rangi Renare Rabiri Ngati KahuJNgati Rangi Alfred Brown Ngati KahuJNgati Rangi Ruruanga TeKeeti Ngati KahuJNgati Pango Ern Ngati Pango LouieKnap NgatiKahu Nellie Ormsby Ngati KahuJNgati Rangi Ngati Pango Me N ga Kaiwhakarite Des Tatana Kahotea Ngati KahuJNgati Rangi Maxine Rewiti-Ngata NgatiKahu Philip Rikairo Ngati Kahu Who Represent And Act On Behalf Of The Following Rapu, Ngati Kahu, Ngati Rangi, Ngati Pango ofTe Ongaonga and Wairoa, Tauranga Claim under the Treaty of Waitangi Act 1975, that we, and the Ngati Kahu, Ngati Rangi and Ngati Pango hapu are prejudicially affected by the action of the Crown in: 1. The confiscation of our ancestral lands under the New Zealand Settlements Act 1863, and Tauranga Districts Land Act 1867 and 1868. 2. Extinguishment of Customary title over our ancestmllands under the New Zealand Settlements Act 1863. 3. Administration of our lands by Commissioner's under the Tauranga Districts Land Act 1867 and 1868. 4. Policies of the government to implement the confiscation of our lands which led to the destruction of our villages, Te Irihanga, Poripori and Kaimai by government forces in 1867 5. Removal of Alienation Restrictions on the following lands that were returned­ Poripori, Purakautahi, Te Irihanga, Waimanu, Oteora, Mataiwhetu, Te Ongaonga, Kaimai, Kumikumi, Mangatotara Blocks 6. Imposition of Survey Liens on lands returned under the Tauranga District lands Act 1867,1868. 7. Inclusion by Commissioners of those with "take kore" claims to our ancestral lands. 8. Subsequent actions of successive governments and agents of the Crown who have implemented policies and legislation which has affected the operation and maintenance of our respective hapu. These are ordinances, acts, regulations, orders, proclamations, notices and other laws and by various policies, practices and omissions adopted by or on behalf of the Crown their agents of their successors. A. In particular we say as follows: 1. The actions of the Crown to confiscate our lands in the 50,000 Acre Confiscation and policies in administration of confiscated land has put us in a state of economic, social and cultural marginalisation from which we have not recovered. 2. The administration and action of the Commissioner's Court has led to the alienation of waahi tapu, papakainga 3. Forced alienation of our ancestmllands has led to the disturbance and desecration of our waahi tapu subsequent to confiscation and alienation. 4. Taking of lands for public works Railway - Gazette 20/3/30 p. 791 State Highway 2 realignment. 5. Policies and actions of central, regional, local Government, and agents of the Crown, that is detrimental to the social and cultural fabric and maintenance of our hapu. Rating, District plan changes re zoning. Last remaining hapu lands and marne under threat from prestiguous and high density residential zoning and development. 6. Land valuation practice of Valuation New Zealand. Rural and urban growth and development has placed us under incredible pressure to maintain our remaining lands in face of limited ability to generate income to pay rates or other demands that are placed on us as traditional land owners. 7. Mana of our sacred awa Te Wairoa appropriated by the Crown and now administrated by local and central government. 8. Conflict of use with awa, immediate harbour, traditional resource areas, with significant spiritual and historical places and objects. Despoliation of awa through collapse of Ruahihi Canal. 9. The terrns and settlement of the Tauranga Raupatu with the Tauranga Moana Trust Board Act 1981. And We Claim that these matters are contrary to the principles of the Treaty of Waitangi. B. We seek the Following Relief: 1. Seek fonns of redress either land or other for the severe economic, cultural, social and political marginalisation we have endued since the confiscation of our lands. 2. Return of Reserve 4A DPS5233, fonner Lot 181 to Ngati Pango 3. Physical return of land alienated by the Raupatu that is of high cultural significance (fonner pa/settlements, waahi tapu). Papa 0 wharia, Poteriwhi to Ngati Kahu and Ngati Rangi, and Pukewhanake and Paorangi to Ngati Ranginui hapu. 4. The return of all Crown lands and public lands within the rohe of Ngati Kahu, Ngati Pango and Ngati Rangi 5. A payment of compensation for land which has passed from the Crown into private ownership. 6. An act of Parliament or change in law which affirms our ownership and mana status and role as kaitiaki of our sacred awa, Te Wairoa 7. Seek an Act of Parliament to define our "Marne Community Zone" of Parish of Te Papa 453, 8, 51; Parish of Te Puna 182 to protect the last remaining ancestral lands in our ownership so that it would remain inalienable. 8. Policies and practices by the Crown and agents of the Crown such as Valuation New Zealand, local and central government that either supports or is sympathetic to our desire to retain the mana of our remaining lands. 9. Acknowledgement and commitment by the Crown to ensure the protection and conservation of cultural and natural values of our ancestral landscape such as waahi tapu, papatipu, mahinga kai, to maintain our mana and kaitiaki roles over the confiscated lands. Ngati Kahu, Ngati Rangi and Ngati Pango is without any independent funds and we seek: 1. That researchers be appointed to research and collate infonnation necessary for our claim. 2. The claim to be heard at our marae at Te Wairoa, Taumnga 3. That the Tribunal give notice of this Application to the Crown Law Office, Taumnga District Council, Western Bay of Plenty District Council, Valuation New Zealand and others. 4. Joe Williams be appointed as our Counsel. This Claim Amends our earlier claim Wai 27 of October 1986 made in the names of: Albert Brown Henare Rahiri Mack Apaapa Kotene Pihema for the Ngati Kahu - Te Pura and 453 Trusts. Contents Foreword i - iv 1 .0 Introduction 1 1.1 Tauranga Raupatu 5 1.2 Raupatu whenua 10 2.0: History and tradition 19 2.1 Mahinarangi 22 2.2 Expansion East of Tainui Descent Groups 22 2.3 Koperu and Turora 26 2.4 19th Century 32 2.5 Mana whenua 38 2.6 Kahutapu 45 3.0 Pupuri Wbenua 46 3.1 Pai marire 48 3.2 Survey Disputes 53 3.3 Military Operations against Hau Hau Settlements 61 3.3.1 Comment 71 3.4. Discussion 74 3.4.1 Friendly Native Policy 77 3.4.2 Katikati - Te Puna Purchase Method 81 3.4.3 Boundary Dispute 85 3.4.4 The Role of the Commissioners 87 4.0 Te Koura I Kaimai 94 4. 1 Discussion 105 5.0: Lifting of Alienation Restrictions 107 5.1 Purpose of Alienation Restriction 111 5.2 Waikato Land Speculation 114 5.3 Purchase Methods of Land Speculators 115 5.4 Kaimai Survey and Survey Liens 117 5.5 Kaimai Block 128 5.6 Barton Commission 131 5.7 Pori pori Block - Ngati Pango 133 5.8 Ngati Tane 140 Bibliography 141 Appendices 1 Settlements 144 2 Surrendered rebels 145 3 Rarangi lngoa 1883 146 4 Iwi Ngati Ranginui 1926 149 5 List of Owners - Poripori Blocks 152 6 List of Owners - Kaimai 154 7 List of OWners - Te lrihanga Block 157 8 List of Owners - Waimanu Blocks 158 9 List of OWners - Paiakamangaoatua (Patetere) 159 Maps 1 Wairoa Today 2 2 Wairoa 1864 7 3 Parish ofTe Papa Reserves 11 4 Native Reserves - Wairoa 12 5 Native Reserves - Between Te Puna and Wairoa Rivers 14 6 Parish ofTe Papa Lots 8, 8A, 91,453 15 7 Parish ofTe Papa Lots 8, 11,91, 91A, 92, 453 18 8 Te Hikoi a Mahinarangi 22 9 Ngamarama 27 10 Tainui Expansion East 30 11 19th C. Iwi Migration 33 12 Settlements 1830's - 1850's 37 13 Settlements 1864 51 14 Heales Survey 1865 54 15 Survey Disputes 57 16 Attack on Te lrihanga 63 17 Military Campaign 1866 - 67 67 18 Military Campaign 1866 - 67 70 19 50,000 Acre Confiscation 73 20 Sketch Plan of Kaimai (1876) 106 21 Land speculation - Waikato Patetere 119 22 Kaimai survey 122 23 Returned Lands Kaimai Blocks 134 24 Returned Lands Poripori, Te lrihanga 140 Foreword Personal My name is Des Tatana Kahotea In 1981 I graduated from Auckland University with a B.A. and in 1984 with M.A.(Hons) in Anthropology with archaeology major. I trained with the Smithsonian Institution in Anthropological Collections and Management and have held lecturing positions with Waikato and Victoria Universities. My maternal great­ grandmother Riripeti Ngarama was from Ngati Rangi and my paternal grandmother, Matire Te Keeti was Ngati Kahu. Riripeti Ngarama Te Keeti Herewini I I Te Pura Paraone Matire Te Keeti I I Te Urukaihine Te Reimana Kahotea I Des Tatana Kahotea The Report This report has been commissioned by the Waitangi Tribunal and has been written to give weight to the claim against the Crown by Wairoa hapu, Ngati Kahu, Ngati Rangi and Ngati Pango, regarding the confiscation of their lands in Tauranga and aspects of policies and administrative practice of the Crown in the allocation of "returned lands" of the Tauranga Raupatu. The following issues of claim against the Crown is addressed in this report: 1.