A Report Commissioned by the Waitangi Tribunal
for the Taranaki Claim (Wai 143)
Concerning Kumara Kaiamo Pa and Associated Lands of Ngati Mutunga at Urenui
by Brian Bargh
December 1995
Any conclusions drawn or opinions expressed are tltose of tlte writer Introduction Ngati Mutunga are an iwi descended from the original inhabitants of the Urenui area who had merged with people who arrived on the Tokomaru waka in about 1350 AD.I Their tribal area is in northern Taranaki centred on Urenui (see Figure 1).
Their grievance is that their land was confiscated in the 1860s by the Crown contrary to the Treaty ofWaitangi. They presented evidence to this effect to the Waitangi Tribunal in 1991 and had prepared a report at that time on their claim. Ngati Mutunga in their evidence raised the question of their pa at Urenui known as Kumara Kaiamo. They claim that this is an important wahl tapu and that it was confiscated by the Crown and never returned.2
The purpose of this report is to investigate claims made by Ngati Mutunga regarding Kumara Kaiamo pa in order that the Waitangi Tribunal can determine whether or not the Crown was in breach of Treaty principles with respect to the alienation of that land. The Waitangi Tribunal commission for this report is attached as Appendix I.
The N gati Mutunga Claim Ngati Mutunga are joint claimants with other Taranaki hapu in Waitangi Tribunal claim Wai 143. Their claim is in essence that the Crown breached the Treaty ofWaitangi by firstly using the military to attack Taranaki Maori in order to obtain their land and later enacting the NZ Settlements Act 1863 which provided for the confiscation of land of any Maori who was deemed to be in rebellion. Thus, much of the Taranaki region was confiscated and although some land was returned to Maori, the Crown retained large areas and sold much of it to settlers.
Urenui and Kumara Kaiamo Pa The Urenui river estuary is surrounded by steep sided hills that are reasonably flat on top which lent them to become sites for a number of pa. The steep sided coastal cliffs offered protection from enemies while the terraced tops provided areas for cultivation (see Photograph 1). Ngati Mutunga hold manawhenua in this area. They described the limits of their rohe in evidence to the Waitangi Tribunal on 17 October 1991 at Ruapekapeka marae, Urenui (see Figure 1).
The Urenui river estuary contains numerous fish and shellfish species while the adjacent coastal forests contained birds and bush food. The environment provided excellent conditions for subsistence living for Ngati Mutunga. There are at least nine pa sites around the Urenui estuary providing evidence of intensive Maori occupation. 3
N gati Mutunga During 1822 to 1824, many Ngati Mutunga and members of other hapu in the vicinity of Urenui migrated to the Chatham Islands and other places to escape Waikato raiding parties. In about 1848, a number ofNgati Mutunga led by Wiremu Kingi returned to live at Urenuiy"l Others remained on the Chathams.4 The returned Ngati Mutunga subsisted through the!19S0s X. as they had always done. Contact with Pakeha immigrants gradually increased culminaiiug in
Ngati Mutunga submission to the Waitangi Tribunal 17/10/1991, Wai 143 Doc.# FI8 (a) 2 Ngati Mutunga submission to the Waitangi Tribunal 17110/1991, Wai 143 Doc.# FI8 (a) 3 7l --- de Jardine ibid p53 4 See RDB 4 p1374, Evidence of Smith before Native Affairs Committee 1922 inquiry into petition of Jane Brown (Heni te Rau)
2 trouble to the south ofNgati Mutunga over land sales by Ngati Awa to the Crown. Ngati Mutunga claim not to have joined in the fighting against the government during the 1860 wars. 5
The Establishment of the Taranaki Militia An army of settlers was established in Taranaki (known as the Taranaki militia) shortly after inter-hapu feuding over land sales to Pakeha resulted in the killing of the Puketapu hapu leader Katatore. Katatore had entered into negotiations with the Crown for the sale of 40,000 acres in April 1857 despite opposition from his Ruanui allies.6 However, Ihaia ofNgati Awa had also made offers of land for sale (one block on the north bank of the Waitara river) but these had been blocked since May 1854 because Wiremu Kingi had claimed rights to this land as well and opposed its sale.7 These rivalries engendered bitter feelings between the leaders and in January 1858 Katatore was killed while returning home from discussions with Parris, the Land Commissioner.s According to reports he was killed on the orders ofIhaia. The settlers were alarmed and called for a militia to be established. The Provincial Council petitioned government to set up a militia.9 The government was quick to set up a militia in iO response and by early 1858 the militia had been established and were well armed. I I The government also issued a proclamation in 1858 to the effect that any Maori carrying weapons within the limits of a 'settlement' would be treated as if they were in arms against the Queen. 12
War in Taranaki War in Taranaki began on 17 March 1860 when British led forces began shelling a temporary fort erected by Wiremu Kingi of Waitara on land claimed to be under purchase by the Crown from another leader, Teira, who favoured the sale of some land to the Pakeha. Kingi opposed that sale. 13 Many Pakeha settlers withdrew to New Plymouth and there cowered under the belief that they could be attacked by either Kingi from the north or Ngati Ruanui from the south. Stockades were built for defence. Martial law was proclaimed in the town. 14
One of the first engagements with the Maori\forces surrounding New Plymouth was at Waireka. 15 Waireka was a gully five m(leSsouth-west of New Plymouth. In that area several settlers had been killed and so the Briti~h·stnt out a force from New Plymouth hoping to engage the Maori forces there in battle and protect the remaining settlers. Amongst the troops were 56 men of the Taranaki militia. The British troops and their settler supporters split into two with the settler militia marching along the beach and the British along a road to Ornata. The settlers were ambushed from hills above the beach. The British troops assisted them until dark when they had been ordered to retire to New Plymouth which they did, despite the fighting still continuing. Thus, the men of the settler militia were effectively left to fend for
5 RDB4p1386 6 Parris to McLean 27 August, 9 Sept. in AJHR 1861 C-l Nos. 48, 64, 71 and Taranaki Herald, 29 Aug 1857 7 McLean to Cooper 24/5/1854; Rogan to McLean, in AJHR 1861 C-l Nos. 43 & 55 8 Taranaki Herald 16/1/1858 9 Dalton BJ. War and Politics in New Zealand 1855-1870. Sydney University Press 1967. p73 10 See AJHR 1858 A-3A II Dalton ibid p 74 12 NZ Gazette 12/211858 13 See PPGB 1860 XLVII No.7 14 Ibid No.3 p337 15 Cowan James. The New Zealand Wars. Government Print, Wellington. Vol.1 p171-179
3 themselves. They were saved from destruction by a party of British sailors who attacked the Kaipopo pa where the Maori troops had been staying. This battle is significant for Kumara Kaiamo pa because one of the Taranaki militia was one CM Kyngdon who later became the owner of that N gati Mutunga pa.
Taranaki Confiscations and Military Awards The first major Taranaki war, begun with the attack by government troops on Kingi, lasted about one year, ending in March 1861 when a peace was brokered by Wiremu Tamihana of Waikato between Hapurona and the Crown. 16 However, it was an uneasy peace because many Taranaki Maori (including Kingi) withdrew to the Waikato leaving the settlers with the impression that matters were not at an end. The Waitara land question remained to be settled and the settlers were insisting on reparations from Taranaki Maori for the loss of possessions in the war. 17 The government was determined to crush any further resistance to the spread of colonisation. IS It therefore enacted both the Suppression of Rebellion Act and the New Zealand Settlements Act in 1863. The former provided for trial by court martial of dissidents and the latter gave powers to the government to confiscate land of 'rebels'. Settlers were then to be established on the confiscated lands in order to deter Maori from any further opposition. The remaining land was to be sold off to recover the costs of the war. In addition, the New Zealand Loan Act authorised the government to borrow 3 million pounds for the recruitment and location of military settlers and development work on confiscated lands.I9
It may be too cynical to claim that the government had devised a grand scheme to 'cash in' on widespread Maori dissatisfaction at the way the government was managing colonisation. Maori anger and dissension would be used as the excuse to use the greater military force of the settlers to confiscate land and sell it to fund both the suppression of any continuing dissent and the development of 'captured' lands.
Following the uneasy 'peace' in Taranaki reached in 1861, discontent simmered on both sides. Tensions still existed within Taranaki Maori over land sales to Pakeha while the settlers remained intent on obtaining as much land as possible for settlement. These tensions climaxed in May 1863 when nine British soldiers were killed at Oakura and there were reports ofNgati Maniapoto coming to the assistance of the Taranaki hapu to fight the government. 20 N gati Mutunga had been attacked in their pa at Kaipikari (a mile south of Kumara Kaiamo) in December 1864 by government troops.21 Another attack with government support came in March 1865 when Ngati Rahiri attacked Kaipikari under the direction of Parris?2
For the purposes of this report it is not necessary to produce details of the confiscation of land in Taranaki. However, by proclamation under the NZ Settlements Act in September 1865, the government confiscated an area of about 1.2 million acres extending from White Cliffs on the north coast to Wanganui in the south including the lands ofNgati Mutunga and their Kumara Kaiamo pa at Urenui.23
16 See AJHR 1861 E-lB No.2 and PPGB 1862 XXXVII (3040) No. 19 17 See for example Dalton ibid, Chpt.V pI24-137 18 See for example Ward, Alan A Show Of Justice. Auckland/Oxford University Press 1974 p169 19 Ward ibid 20 See AJHR 1863 E-2 No.2; Taranaki Herald 9 May 1863 21 Ngati Mutunga evidence to Waitangi Tribunal hearing, 1992. Doc.# M 12 p2 of introduction 22 Ibid p14 23 AJHR 1873 C-4B p6; NZ Gazette 5/9/1865
4 The government was quick to capitalise on its military victories and consolidate the gains. The strategy was to quickly develop well fortified military settlements connected by good roads within the confiscated territory. According to evidence ofNgati Mutunga presented to the Waitangi Tribunal in 1992, the Taranaki Native contingent, commanded by Pakeha officers, was involved in the construction of the Urenui redoubt in 1864.24 CM Kyngdon was an officer in that unit at the time.25
The government established another military base at Pihanga pa at Urenui in June 1865.26 This fort was occupied by the military until 1885 and along with the military presence in the township itself must have imposed considerable strain on those Ngati Mutunga who had re established themselves in and around Urenui.
Military Awards As a condition of their service in the army, soldiers were granted land in varying amounts depending on their rank and depending on certain other conditions.27 For example, privates were granted 50 acres, corporalS~O acres, Captains 300 acres and lieutenants granted 200 acres. The 'Native Contingent'~s granted land in Urenui township together with others of the Taranaki militia?8 A summary of the various conditions for the awards is contained in a report presented to parliament in 1911 (attached as Appendix IX).29
Ngati Mutunga Resistance And Objection To Confiscation It has previously been noted that during the 1820s and 1830s many Ngati Mutunga had migrated to the Wellington and Chatham Islands.3o Although there was some limited travel between the dispersed Ngati Mutunga they did not abandon the Urenui area and there is archaeological evidence of occupation ofthe Kumara Kaiamo pa following the return of members of the tribe in about 1848 and later in 1866/67.31 The government however took the view that the 1860s Chatham Isfand returnees were squatters.32 Their claims to the Compensation Court were dismissed leaving them effectively landless.33
In July 1867 after the Compensation Court rejection, about 300 members of the Ngati Mutunga, Ngati Awa and other Taranaki tribes met with Governor Grey in Wellington to complain of their exclusion from the awards in Taranaki. At Grey's recommendation the
24 Ngati Mutunga ibid p16 25 Return of Crown Grants LS-NP 18/1 in NA 26 Ngati Mutunga Doc.# M 12 ibid 27 See for example NZ Gazette of 5/8/1863 which contained the conditions for grants to military settlers. The person to whom land was granted had to show they had service in the militia and had to live continuously on the land for at least 3 years after taking possession. After they had fulfilled these conditions they could apply for a Crown grant of that land 28 See AJHR 1880 G-2 Appendix B p 25 which lists the names of Maori and Pakeha military awarded scrip or land according to their rank. 29 See Naval and Military Claims, AJHR 1911 H-21 particularly p3 which sets out conditions for naval and military settler land grants 30 Shand A. The occupation of the Chatham Islands by Maoris in 1835.1. Polynesian Soc. VI, 1892 31 Buist A. Ngati Mutunga pa sites between Titoki and Te Rau 0 te Huia. Unpubl. manuscript held at Ngati Mutunga Research Office, Urenui Pa. see 'Site Reference form' NZ Historic Places Trust Site Number 109/9 Kumara Kaiamo. Copies submitted as part ofNgati Mutunga evidence to Waitangi Tribunal - Doc.# M 12 Appendix one 32 AJHR 1880 G-2 p306-317 33 AJHR 1873 G-l p15
5 government allocated and area of land to so called "absentee" Maori. 34 In a report on this promise by West Coast commissioner William Fox (in 1884), it was claimed that Grey allocated 16 acres per person.35 Jane Brown, on behalf of Ngati Mutunga, later claimed that the area promised was 3000 acres.36 However, in 1884 William Fox reported that because the lists of absentees compiled in 1867 was not accurate and many of the persons were not able to be located, the promised land would not be now given. Fox also claimed that many of the Ngati Mutunga were now located on special reserves between the Mimi and Urenui rivers. He stated that Ngati Mutunga had not shown any interest in pursuing their entitlements and that, in his opinion, the entitlements were so small as to be "scarcely worth claiming".37
This state of affairs is one which would appear to be quite untenable for the Crown. The government had denied Ngati Mutunga the return oftheir confiscated lands and then failed in its duty to ensure that the promised substitute lands had been made available. In the intervening 18 years prior to consideration of the matter by the West Coast Commission, Ngati Mutunga had made requests for the government to implement the 1867 promise made by Grey but the government failed to act. Then, a commission of inquiry was claiming that N gati Mutunga were not interested and the land was paltry in extent anyway. In hindsight this would appear to be a classic case of 'victim blaming' by the government.
The Ngati Mutunga who had returned to Urenui numbered about 200 and although they initially promised to settle on land allocated to them, by 1873 they had repudiated the confiscations and laid claim to all of their traditional lands despite much of this land having already been allocated to military settlers and other Maori.38
There is substantial evidence ofNgati Mutunga's objections and grievances in respect of all their tribal lands, from the claims made to the Compensation Court which sat to hear claims in 1866, and the later inquiry into the Taranaki confiscations made by the West Coast Commission.39 Much of this material has been presented to the Waitangi Tribunal during the Wai 143 hearings.4o The Compensation Court had made grants ofland within the Ngati Mutunga rohe and certain subsequent promises had been made to Ngati Mutunga regarding a 'reserve' for their occupation. Much of the detailed surveying and establishment of title had not been done by the time the West Coast Commission sat. In fact, ten years after the confiscations were proclaimed the government was still finding it difficult to finalise matters.41 As a result of the West Coast Commission recommendations, some land was surveyed and set aside for Ngati Mutunga. However, people ofNgati Mutunga could only
34 NO 84/1382 in RDB V 71 p27391 35 RDB V 4p1382 36 RDB V 4 p1382 37 Ibid p27392-27394 38 Riseborough, Hazel. Background papers, Waitangi Tribunal Wai 143 Doc.# A2 p85-86 39 See for example, Raupatu Document Bank Vols.II5 & 116. Lists of names for Ngati Mutunga claimants to the Compensation Court are recorded together with the land claimed. Information summarised by Ngati Mutunga in their submission to the Tribunal ibid Doc.# M 12 pI9-25. Also West Coast Commission report and recommendations on Compensation Court Awards Doc.# M 12 p25-28 40 Waitangi tribunal Wai 143 particularly Doc.# FI8 (a) 41 Riseborough ibid p90
6 take up land in the reserve if they could show they were one of those promised land by Grey some 19 years previously.42
The Kumara Kaiamo pa and surrounding lands had been chosen by various military settlers in 1867 as part of their entitlement to awards of land at Urenui. Although reduced in area by the toWn sections and designated road areas, the pa was not granted to Kyngdon until 1877 although the award was backdated to June 1868. We have been unable to determine whether Ngati Mutunga had re-occupied the pa (and were regarded as squatters) and therefore had delayed Kyngdon taking possession of it in 1868 or whether Kyngdon actually took possession of the land and the formal procedures and notifications were deficient. In their evidence to the Waitangi Tribunal, Ngati Mutunga state that there is mention of disturbances at Urenui in evidence given to the 1881 West Coast Commission ofInquiry and that they have verbal evidence of Maori dwellings being burnt so that soldiers could be settled on land 43 occupied by Ngati Mutunga. The writer has been unable to determine whether CM Kyngdon and Kumara Kaiamo pa were involved.
The writer has been unable to find specific reference to Kumara Kaiamo pa in the claims made to the Compensation Court or to the subsequent West Coast Commission of Inquiry. However, Ngati Mutunga had all of their land confiscated and by the time they returned in numbers to Urenui, all their pa sites and associated lands at Urenui including Kumara Kaiamo had been confiscated and were in the process of being allocated to military or other settlers. There was an extensive military presence in the area and it is highly likely that the intimidation that this created for the Chatham Island returnees and other ofNgati Mutunga stifled any active opposition. They were therefore faced with the overwhelming fact of confiscation and the sight of all their wahl tapu, urupa, pa and cultivable lands in the hands of foreigners. Little wonder that few specific sites were identified by the claimants, given the magnitude of the losses and the massive task of attempting to have any of their lands returned.
Opposition to the confiscations by Ngati Mutunga continued on after the West Coast Commission. In 1905 after repeated requests by Ngati Mutunga for the lands allocated to them to be formally made over, and petitions in 1903 on behalf of Ngati Mutunga to this effect by Heni Te Rau44 , James Mackay was appointed a Royal Comniissioner to inquire into their grievances.45 He found that much of the 3000 acres of land allocated to Ngati Mutunga had been sold by the Crown.46 The remainder had been transferred to the Public Trustee. The land was steep and the poorest of what had been the original 3000 acre block. By 1922 when Jane Brown further petitioned parliament on behalf of Ngati Mutunga, all that really could be done was to seek monetary compensation from the government for the 3000 acres and have this distributed to Ngati Mutunga. Thus the recommendation of the Native Affairs committee inquiring into the petition was that they received monetary compensation to the value of the land.47
42 See cover page to 84/1382 Fox to government. RDB V 71 p27389. A note on the cover page from the Native Secretary Lewis seeks to have the 3000 acre reserve leased "in order that some revenue may be derived". Lewis obviously believed that no Ngati Mutunga persons would take up their entitlement 43 Ngati Mutunga Doc.# M12 p17 44 Petitions 271 and 143 of 1903 in AJHR 1-3 1903 plO 45 See report on Petition No. 1922/252 Ngati Mutunga Claims. Jane Brown. RDB V4 p1377-1385 46 RDB V4p1394 47 RDB V 4 P1413
7 eM Kyngdon and Kumara Kaiamo pa Courtney Melmoth Kyngdon is important in tracing the fate of Kumara Kaiamo pa because he was granted the land on which the pa stands by the Crown as his entitlement following service with the Taranaki militia.
Kyngdon and his brother Adolphus joined the Taranaki militia in 1860. He spelt his name Kyngdon or Kingdon and there is some confusion created by this in tracing Kyngdon's story. In 1863 Kyngdon and his brother Adolphus applied for commissions in the militia.48 On 22 September 1863 CM Kyngdon was appointed an ensign in the Taranaki militia.49 He was promoted to lieutenant on 1 March 1865.50 In 1871, Kyngdon applied for and was granted a war medal following a recommendation from his commanding officer that he had fulfilled the requirements of5 years service and bravery at the battle ofWaireka (in 1860).51
The Arrival of the Pakeha Settlers at Urenui Urenui had been recognised by Pakeha in 1841 to be an inlet capable of being used as a port (see Photographs 2 and 7).52 Apart from the military presence though, Pakeha settlement of the area did not commence until after the confiscation and allocation of military settlement lands.
In 1865 following the confiscations, Percy Smith was sent to survey the Urenui area in order to layout rural and town allotments for disposal to military settlers. A copy of the original survey traverse book for Urenui has been sighted and data for the area is presented in Diagrams 1, 2 and 3 attached as Appendix 111.53 Kumara Kaiamo pa is marked on the diagrams. On Diagram 2 it is noted that Smith established a survey camp on the pa site. Notes and sketches on several pages of Smith's field books show cultivation sites and burial areas or other features. However, the field book covering Kumara Kaiamo pa does not make such references. This could mean that at the time of the survey, the pa was abandoned or that Smith did not note such features in this area. In Diagram 1 he drevy the pa in some detail but did not note any whare. Possibly the presence of forts and military personnel near the pa had intimidated any Maori into abandoning the area.
In January 1866, 27 acres of land was reserved by the Crown above the Urenui river mouth for a township.54 The government township ofUrenui was laid out according to the plan shown in Figure 2 and Diagram 3 (Appendix III). The town sections were all 1 rood in area. Investigation ofthe present site (see Photograph 1) and evidence from the archaeological investigations suggest that Kumara Kaiamo pa extended for some distance beyond Ritimona Street and probably right back to Nikorima Street and beyond.55 Pa residents would have
48 DA Register 1863-66 NA 49 NZ Gazette 1863-64 p 427-428 50 NZ Gazette 1865-66 p 137 and corrected notice in NZ Gazette 1865-66 p 160 51 Repro 1660 (AD 36/3 [1272]) and individual war medal file AD 32/3316 at NA. Application dated 7/7/1871 and issued 30/10/1873 52 Jardine, Margaret de. The Little Ports Of Taranaki. Published 1992 by the author. See 'Urenui' p54 53 Diagram 1 & 2 taken from Survey Field Book U4 p20 and p88 respectively dated January 1865 and Diagram 3 from survey Working Plan for Urenui District 67/19 1865-68. All held in DOSLI Offices New Plymouth 54 AJHR 1871 C-2 p19 55 See Photographs of pa site taken in November 1995 and Buist A. Ngati Mutunga pa sites between Titoki and Te Rau 0 te Huia. Unpubl. manuscript held at Ngati Mutunga Research Office, Urenui Pa. see 'Site Reference form' NZ Historic Places Trust Site Number 109/9 Kumara Kaiamo
8 cultivated areas at the pa and to the south which are sunny north facing slopes suitable for gardens (see photographs). The estimated extent of Kumara Kaiamo pa is indicated on Figure 3. Six sections were located on the south-west portion of Kumara Kaiamo pa itself. Figure 4 indicates that probably a further 34 sections (numbers 69-76,84-91 and row 96-106 including 113) were located on the pa site.
At about the same time as the town sections were being laid out, 37 sections in the Urenui rural district amounting to just over 1871 acres, were reserved for military awards to soldiers of the Native contingent.56 Awards in the rural areas were all fairly large (over 50 acres) in area.
The land in Urenui was available for selection by Pakeha soldiers in October 1866. In January 1867 those in the militia were ordered to parade at Captain Messenger's house in order to select their sections in the town and surrounding rural area. 57 Most of the sections granted to Maori soldiers were confirmed on 1 December 1866 while most of the sections allocated to Pakeha were confirmed on 13 February 1867. Decimus Atkinson, a military leader, was allocated his section (No.59, see Figure 4) located on the flat below Kumara Kaiamo (bottom of Photograph 7), prior to all other allocations, on 31 October 1866.58
The first Pakeha settlers arrived at Urenui during 1866 and made camp at Snapper Flat on the south bank of the river overlooked by Kumara Kaiamo pa. A brick making operation began and bricks were exported from the Urenui river mouth. A ferry was used to travel across the river and fees imposed on ferry passengers. 59 In addition, the Taranaki Provincial council designated the 'Urenui Block' (defined in the notice) as a 'Road District' (number 19) and road commissioners for that district were elected. Land within the district was levied in order to raise finance for the upkeep and extension of roads in the area.
Lieutenant eM Kyngdon's Land Grants
Crown Grant For Military Service CM Kyngdon obtained portions of land at Urenui shown on two Crown grants attached as Appendix IV (dated 1868) and V (dated 1877). Under the NZ Settlements Act 1863 he obtained by grant Section 7 of nearly 50 acres, Section 2 of208 acres and Town Section 17 (shown in Appendix IV). Section 7 (rural land) was near the Kumara Kaiamo pa as shown on the map in Appendix II. The town lots numbered 16,19, 38, 39, 40 (Appendix V) were across the road from the pa. Kyngdon obtained these through purchase in 1877 pursuant to the Waste Lands Administration Act 1876.
In 1869, Kyngdon became a commissioner of the Urenui district roads board.6o The significance of this is not clear, but the town sections were obtained over the nearly 15 year period he was a roads board commissioner. For example, CM Kyngdon was again elected roads commissioner by a general meeting of ratepayers on 1 September 1875 pursuant to the 'Roads and Bridges Ordinance 1858' (19th-Urenui district)Y
56 Ngati Mutunga ibid p16 57 Military memo book 1867 Held New Plymouth Public Library 58 Allotment Book Fols.71-73 (Urenui) in NA, LS-NP 12/5 59 Jardine, Margaret de. The Little Ports Of Taranaki. Published 1992 by the author. See 'Urenui' p54 60 Taranaki Almanac p115 held New Plymouth Library 61 NZ Gazette 119/1858
9 On 15 July 1873 the commissioner of Crown Lands wrote to the Native Minister enclosing Mrs Kyngdon's application for compensation for a road taken through her property at Urenui. We presume this to be Ritimona Street. 62 [Although the record of the correspondence remains in registers held by the Department of Survey and Land Information (Wellington), almost all the original correspondence about this and other matters between the Kyngdons and the government was burnt in a fIre at government Archives].
Shortly after her fIrst letter, on 26 July 1873 Mrs Kyngdon wrote to the commissioner of Crown lands asking to lease 12 sections in Urenui. Her letter was referred to the Native Minister on 24 July 1873.63 She states that the sections 11,15,16, 19,20,36,38,39,40-43 were unallocated and consisted of raupo swamp until she had drained, grassed and grazed them. She offered to rent these section for 10/- per acre for the fIrst year and increasing after that. Five of the sections were purchased by the Kyngdons in 1877 so that they then owned Kumara Kaiamo and land in the gully to the west of the terraced pa site.
The under secretary for Crown Lands replied in September 1873 that he had been directed by the Native Minister to say that there did not appear to be any grounds for compensating Mrs Kyngdon for land taken.64 However, in 1875 a notice was prepared for the Gazette regarding the sale of sections 62 and 63 Urenui township. It seems these sections were required by the Commissioner for ConfIscated Lands for disposal to Mrs Kyngdon.65 During 1876 there was correspondence between government officials over the issue of a Crown Grant to Mrs Kyngdon to replace land she had lost due to road construction.66
Roads were upgraded to improve transport conditions. The road south from White Cliffs was completed to the north bank of the Urenui river by mid-June 1867. Settlers were also promoting Urenui to become a main port. A bridge across the river was proposed as well. 67 The fmal survey plan of the town was approved by Kensington, the chief surveyor, on 11 January 1871 (see attached Diagram 4). A plan of the survey is included in the document bank. The original plan shows section 113 beside section 96 within the boundary of Kumara Kaiamo pa. However, later plans show Ritimona Street having been built over section 113 (see Figure 4).
Special Contracts Confirmation Act 1877 In 1877, as a result of special legislation, the Special Contracts ConfIrmation Act 1877 (see Appendix VI), CM Kyngdon was granted 11 acres 2 roods 20 perches of the Urenui Town belt. 68 The land was not described in the Act as Part 2 of the Urenui Town Belt but it was this land to which the Act clearly applied. This was the major portion of Kumara Kaiamo pa (see Figure 4). The same legislation provided for a grant of section 96 and part of a blind road (the end of Ritimona Street labelled section 113 on Figure 2) to Mrs (J) Kyngdon. These grants are
62 NA register (Lands-Confiscated Lands) LlCL 73/63 63 Letter J Kyngdon to IS Smith CL commissioner Taranaki 22/4/1873 in NA register LlCL 73/64 64 Memo CL office to Com. Crown Lands 119/1873 (LlCL 73/63) in NA LS-NP 1111 65 Memo, Com.Confiscated Lands to Com.CL Register entry LlCLl875/93 66 See Kelly (MHR) to Commissioner CL of 111111876 (LlCL 76/269); Com. CL to Com. Confiscated Lands of20/1111876 (LlCL 76/305); Com.CL (New Plymouth) to Solicitor General of Feb/1877 with description of land grant in exchange for land taken for road (L 77/372); in NA Registers 67 Jardine, Margaret de. The Little Ports Of Taranaki. Published 1992 by the author. See 'Urenui' p55 68 NZ Statutes NoXm 1877 p16-17, attached as Appendix VI
10 noted in the Allotment Book for Urenui.69 It seems that CM Kyngdon did not receive his proper entitlement to land and the allocation of Kumara Kaiamo pa was land that he had been promised but had not, for some reason, received.
Kumara Kaiamo pa (Part 2 Urenui Town Belt) was conveyed from CM Kyngdon to Jane Kyngdon in 1879 and the bulk of it was sold to R Pigott in April 1883.70
On 26 April 1882, two Crown grants were forwarded to the commissioner of Crown lands (New Plymouth) for execution in favour of Mrs J Kyngdon and Mr CM Kyngdon.71 On 21 July 1882, the commissioner of Crown lands (NP) wrote that no grant had been issued for the land taken from Mr Kyngdon as he had not executed conveyance of the land to the Crown.72 The commissioner of Crown lands (New Plymouth) reported on 11 November 1885 on a claim by Mr Kyngdon for a grant of land at Urenui as compensation for the Crown taking part of his land for a road.73 Jane Kyngdon had died in August of 1885.74 On 28 June 1886,0 Samuel (MHR) forwarded a letter from FP Corkill regarding the claim by CM Kyngdon for compensation for land taken for a road. 75 In May 1887 the commissioner of Crown lands (New Plymouth) wrote to the Commissioner Crown Lands (Wellington) regarding the claims by Kyngdon at Urenui. It was noted that a letter had been received from the official assignee requesting that action be taken this session to give validity of title to certain lands at Urenui. Presumably these were the lands to be transferred to Kyngdon.76
Without the benefit of seeing the details of these letters the writer has been unable to determine the importance of them to the story of Kumara Kaiamo pa. Suffice to say that the Kyngdons were major land owners within the town ofUrenui and appear to have been farming the town sections in conjunction with the Kumara Kaiamo pa land.
Kyngdon Land Grant Act 1893 77 In 1893 (by which time Mrs Kyngdon had been dead for 8 years ), the Kyngdon Land Grant Act 1893 was passed (attached as Appendix VII).78 This private Act allowed the Governor to authorise the grant of certain lands in Urenui Township to CM Kyngdon. It was to correct an error in the previous Special Contracts Confirmation Act 1877. The Act repealed the 1877 allocations of land to the Kyngdons. The land describing the Kumara Kaiamo pa was altered to include the words "Part of Town Belt No.2" and a new portion (of 3 roods) severed by the North Road from Part 2, was added together with Urenui Town sections 66, 67, 68, 81, 82 and 83 (see Figure 4). The grants were backdated to June 1868 for CM Kyngdon and recorded as such in the Allotment book.79 Mrs Kyngdon's land (section 96 and the blind road ending) was
69 Allotment Book Fols.71-73 (Urenui) in NA, LS-NP 12/5 70 Lands and Deeds (New Plymouth) Deeds index 12 Fol. 725/726. T 238 of29/7/1879 and Conveyance to Telfar 9/4/1883 71 NA Register item L82/974 72 NA Register item L82/1934 73 NA Register item 8513462 74 BDM register No. 117 died 29/8/1885 in Te Awamutu 75 NA Register entry L86/1864 76 NA Register entry 1215/1887 L87/1369 77 BDM registerNo.117 died in Te Awamutu 78 NZ Statutes 1893 No.28 79 Allotment Bks. ibid
11 omitted, hence the undated reference in the Allotment Book to those portions in her name which has "Dec'd" noted alongside it. CM Kyngdon died on 1 December 1920.80
R Pigott transferred the Kumara Kaiamo land to his son. The land then changed hands again to be owned by JM and RA Corkill who own it in part at present (see Appendix VIII).81
Kumara Kaiamo Pa Is Protected By The Historic Places Legislation In late 1960 the then owner of the pa, G Pigott, decided to subdivide the land and build houses on some sections. As the site was well recognised at the time as being of historic importance, there were certain controls in place through the Historic Places legislation. As a result the site was excavated in March 1961 by archaeologists and a report prepared.82 The site report notes that the owner,
Gerald Pigott, advises that when this small site [referring to "a rectangular site about 50 yards to the south of the Pa proper"] was removed by earthmoving machines, a number of burials (apparently Maori) were exposed. 83
The land at that time was planted in pine trees although the northern fortified portion was clear of trees. The investigators noted that forestry operations had caused erosion and damage. The site was then recorded as a historic site which gave it some protection even though it was in private ownership. In 1980 the site became subject to the additional protections contained in the Historic Places Act 1980 although the site is not registered under that Act. For some reason the owner did not proceed with the sub-division in 1961.
N gati Mutunga claim that "evidence of graves was found over 100 yards to the south of this site in the 1960s".84 In an earlier report to the Tribunal, Ngati Mutunga stated that human remains were unearthed by a bulldozer "in the 1950s".85 The writer has assumed that these references are to the same burials referred to in the 'site report' ofthe archaeologists. When the existence of buried remains was discovered there would seem to have been an obligation on the owner and the bulldozer driver to notify authorities (Department of Health) under the Burials and Cremations Act. Further investigation would be required to determine whether or not this was done.
Kumara Kaiamo Pa Is Subdivided Ngati Mutunga presented evidence to the Waitangi Tribunal of plans by the owners (the Corkills) in 1991 to subdivide Kumara Kaiamo pa. A district scheme change was required from the New Plymouth District Council to enable the rural land designation to be changed to urban. This would then allow the owners of the land to subdivide for residential sections.86
Subdivisional Requirements This report does not attempt to determine the legality of the actions of the New Plymouth District Council. However, the old Town and Country Planning Act was amended by the
80 Taranaki Herald notice of211211920 81 See Certificate of Title 29/105 and G3/507 attached as Appendix VIII 82 Ngati Mutunga evidence to Waitangi Tribunal hearing, 1992. Doc.# M 12 Appendix one. 83 Site Reference Form - Site No. 109/9 attached as Appendix 1 Doc.# M 12 84 Ngati Mutunga evidence Doc.# M 12 pS 85 See Submission by Ngati Mutunga Wai 143 F (IS) (a) p3 86 Daily News report 12/10/1991
12 Resource Management Act 1991. The Resource Management Act came into force on 1 October 1991. There was uncertainty over the legal position of applications made under the old planning Act and how they should be treated. The Kumara Kaiamo application for a change to the District Scheme was made prior to the Resource Management Act coming into operation but the hearing of the application did not occur until after the new Act came into force.
By section 389 of the Resource Management Act, it would seem that the application for a change to the District Scheme (to allow Kumara Kaiamo to be changed to urban land) should have followed procedures under the Town and Country Planning Act, but the hearing of the zone change should have been conducted as if the new Resource Management Act was in place.87 The notification procedures for this application were determined by the old Town and Country Planning Act which did not attach the same importance to notifying Maori of developments in their area as the Resource Management Act now does.
According to evidence ofNgati Mutunga given to the Waitangi Tribunal, the District Council wrote letters to the Aotea District Maori Land Council in Whanganui and the Iwi Transition Agency office in New Plymouth in order to notify Maori of the application for a change in zoning. Neither the Ngati Mutunga marae trustees at Urenui, Ngati Mutunga Iwi Authority nor any person ofNgati Mutunga was notified of the intention to allow for subdivision of the site. Thus, no objections to the application were received by the due date and although Ngati Mutunga did find out about the application the Council refused to allow them to make a late submission. They were allowed to speak at the Council hearing into the matter but were given no formal standing and were therefore legally barred from appealing the decision of Council which was in favour of the scheme change to allow subdivision. The land was subsequently subdivided and built upon (see attached photographs 6 and 8).88
This report is not the place to comment on the morality or legality of the actions of the New Plymouth District Council in allowing a scheme change under the circumstances recorded above. The Council was aware that part of the site contained burials and must have known the importance that Ngati Mutunga would have placed on this fact. If these assumptions are correct, then it seems unconscionable that the Council went ahead and granted permission for the scheme change and subsequent sub-division.
Access to Kumara Kaiamo and Future Site Protection Ngati Mutunga have complained that they do not enjoy freedom of access to the remnant pa site. As the site is privately owned, Ngati Mutunga are required to seek permission from the owners prior to entering onto their land. Following the 1991 subdivision, new houses were built some distance back from the steep frontal fortified area (as shown in Photographs 6 and 8). Ngati Mutunga are naturally apprehensive that existing controls will not be enough to prevent further encroachment toward the frontal cliff area from where the best view out over the Urenui estuary (for any house) is available. They commented to this effect in their evidence to the Waitangi Tribunal. 89 Such encroachment may further restrict access to the pa.
87 NZ Statutes No.69 1991: Resource Management Act 1991, see sec.389 88 Ngati Mutunga evidence Wai 143 Doc.# M 12 p8-9 89 Ngati Mutunga Doc.# M 12 ibid p9
13 The writer does not share the Ngati Mutunga view that the site is not adequately protected now. The Resource Management Act is in place. Ngati Mutunga is required to be notified specifically and directly of any proposal that might impact on the site. The Act contains specific mention of the principles of the Treaty ofWaitangi. One of those principles is the duty to consult. Regional and district plans are required to take account of the concerns of tangata whenua and resource consents can not be granted if they are inconsistent with the regional and district plans.9o
The Waitangi Tribunal is prevented from making any recommendation regarding private property by an amendment made to the Treaty ofWaitangi Act in 1992.91 Kumara Kaiamo is therefore beyond the reach ofthe system in place in respect of a return to Ngati Mutunga. The loss of the pa was the result of Crown action in firstly confiscating the land; secondly, in not inquiring into its ownership and status (Kumara Kaiamo was both an urupa and pa); and thirdly, failing to return it. Such actions are indefensible and would appear to be a significant breach of the principles of the Treaty ofWaitangi.
Summary and Conclusions Ngati Mutunga lived in Kumara Kaiamo pa up until their whole territory was confiscated by the Crown under the NZ Settlements Act 1863.
Ngati Mutunga objected to the confiscation of their lands. The enormity of the task in reclaiming their land back off the Crown and the traumatic disruption caused by the military attacks by government forces probably resulted in the case put to the Compensation Court in 1865 being hurried, incomplete and poorly presented. Whatever the reasons, the decision of the Compensation Court left Ngati Mutunga virtually landless. Broad areas of land were requested by the tribe to be returned but specific sites such as mahinga kai, pa, urupa and wahl tapu were largely omitted from submissions to the Compensation Court.
Kumara Kaiamo pa thus became part of the Urenui town and 'town belt' in 1867. The land was allocated to Lieutenant CM Kyngdon in 1877 as part of his entitlement to land as a result of his military service for the government. The award was backdated to 1868. Successive private owners have built houses upon the pa. Maori burials were discovered on the land in 1961. Despite this, private owners with the permission of relevant authorities, have continued to develop the land for housing. As recently as 1992 the site was further sub-divided and houses were built on it.
The remnant of the pa is now fairly strongly protected by legislation from further disturbance.
Legislation prevents the Waitangi Tribunal making any recommendation for a return of Kumara Kaiamo to Ngati Mutunga. However, in the opinion of the writer this would be the most just solution to this grievance. In any event, the loss of this land should form a part of overall consideration for redress by the Crown of the Ngati Mutunga claim.
90 See particularly Section 8 Treaty ofWaitangi; Section 65 (e)-tangata whenua concerns; and Section 75- contents of District Plans, in NZ Statutes No.69 Resource Management Act 1991 91 Section 4 (a) Revised Statutes V33 1995
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Photograph 1: Kumara Kaiamo pa looking back southwest from the main road north Photograph 2: Looking southeast from the west side of the pa toward the main road north Photograph 3: Looking from the south of the pa toward the fortified northern tip Photograph 4: Looking from the eastern edge of the pa westwards across the trench that was excavated in 1991 Photograph 5: Looking due north from the trench out over the fortified area of the pa Photograph 6: Looking due south from the fortified portion of the pa. Newly constructed houses can be seen Photograph 7: Taken from the fortified front end of Kumara Kaiamo out over the L"renui estuary Photograph 8: Taken from the northern tip of the pa looking south along the line of steep sided eastern bank rising from Urenui estuary - Te Rohe 0 Ngati Mutunga - Wahitapu -"- -2 \ , I \, 06 1 I I \ / ~. / / / / / ,/ r; -- - ,,,,,,_f: r::"':;J'l(i,.:. F-;.. ~l rc: I. TlTOKl 2 .... PU~E ..... ~At1ARU ~. TURAHGARUA ~J. TUTU riAHlWA 3. RUAPUKEAKA 26. 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""" .. nlt'nr, 40$. - B'oc~k~'" - '. -- --- '1\ li ti\ C ;b Surveyor Gtineral. ! 13 14 3~ , 37 m t'.I,(I r.1.( TO'\TllShi P 0 f "'/'/;;/)J~I~~)l; . au' C.I.(' ~ IS en (1./,11 ~~~K I- . 112 s:. 16 35l{ UR.£ III U 1'.1.1' k· CI.C m 11 \b I m·' ~ StUde. • :l iHo=H::=::i:;;;;;;;=i===:;:=::=:::e;;;;;;;;;;;;;;;;;;;=;;;;;;;;-.;;:irha1iUl. 17k 1'.1.1: 4°K S.P-Smith -su,.v~April./871. ur.\ 18 K {'.M41 K t'J.t' " K 19 42 fI./.r {'.I.I', 20'S 43 ,// (1i' (',/.e PART OF &A.N"3 21 S' /'1.1' ~,s ~kl ~K - 22 CI." ~·{S I'tl'OK ~K ~~Ta ~ 23 46 C.I.{1 ~L6~k I ,,3 -:" I . ST CONCERNING the Treaty ofWaitangi Act 1975 AND CONCERNING Kumara Kai Amoamo Pa and associated lands of Ngati Mutunga claim DIRECTION COMMISSIONING RESEARCH 1 Pursuant to clause 5A(1) of the second schedule of the Treaty ofWaitangi Act 1975, the Tribunal commissions Brian Bargh of Wellington to complete on behalf of the claimants a research report for this claim covering the following matters: (a) A review of matters leading to the alienation of Kumara Kai Amoamo Pa and associated lands ofNgati Mutunga (b) A review of all oral material presented by claimants to the Waitangi Tribunal during Wai 143 hearings in relation to this issue (c) A review of all relevant evidence and reports. given to the Waitangi Tribunal in relation to this issue (d) A review of all primary and secondary source material including Maori Land Court records, NZ Gazette, AJHR, DoSLI or other archival records relating to the Taranaki raupatu in order to place this alienation into the wider context. 2 This commission commences on receipt of written confirmation of the commissionee's acceptance of the terms and conditions of the commission. 3 The commission ends on 30 December 19<)5, 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. . Cont page 2. The report may ...... , Page 2. 4 The report may be received as evidence and the commissionee may be cross examined on it. 5 The Registrar is to send copies of this direction to: Brian Bargh Claimants . Counsel for Claimants Solicitor General, Crown Law Office Director, Office of Treaty Settlements Secretary, Crown Forestry Rental Trust Dated at Wellington this ). q i'-- day of September 1995. /C)Clc:llt:1ot.11 U ,-e,,'-4" D, rmt.~ "ATIONAL ARCHIVES OF NEW ZEALAND AP?~NDrx rr - rY\ap ~ HEAD OFFICE WELLINGTON .~ I..S/;/J.S/trqq (Nf.)) ----._-- _. -- J. W. A. MARCHANT, Surveyor-Oenerill. WAITARA SURVEY DISTRICT v REFERENCE .B('f.UuitviCRor·.~un·l!yJ)i,,"'tri.cb;shewn: rnl,.ls -__ - -_._- .• .. Bltx:k,; .. ----- '9 . •• ()ld~ lhstr;.c.t8 .. - ... - .... - .... - Res. Block -X::L .~ Pt.8 D~Ff""R JUNCTION RD ....s~· '. ,. f·,;;t~,:, ..... ~,~~:·\;i,~: .~)~,~'" ',~,:!' ,}~~'S:~;;, '.' .,., ... ,... ".,~., \. ::"f:~~~" '.~~;~' ... "' . , ...... '. o • • '!. .... 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".', ...... /.0" 0 ":t \. ,.;(.-:t;/- .' \ ./"'\ ..,::o \'" . / -,..//"'-i~"'" ~ •.... ,r/ .': -( . : \ ",./';; '\, \ ttlidnrin, U)J tlJc (!i;ritCC of ~lt.OUj Ie that, for goO(1. considel'lttions Us thel'Cllllto movilJg, Wm 'fOJ: U8, mIl' Heirs and Suocessors, do h",by t{!,,;o Heil'S [md Assigns, for ever '~~Hcv :1f."ditJfu d~ I ,J ~ ': ,'J,~, '" /1', ~'."'" rt fi~J-I'H.,4 ~l:"~"t \.!t{hl nC5~ onr night Trusty and entirely-beloyecl Cousin and Councillor, GEORGE ATJrmsTTJs CONRTANTlN'E, 1\fltrql1is of NOl'manhy, :End of l\Inlgmyo, Viseonut of NOl'lllanhy, !l.l1(1 Baroll l\Tulgmve, of l\Inlgmve, all in the County of York, in the Peerago of the Ullituc1 Kingt1oJJ1; aJl(l Baroll lVInlgrave of Now Hoss, in the County of Wexford, ill tho Peerage of 1re111,11(1; a Member of 0111' }\fORt HonOl'ahle Privy Counoil; J{~ight Grfloncl Cross of 0111' :i\IOl,t Difltillguishml Order of Suint l\liohao1 aJ1(l Saint GOOl'ge, GovorlJor 1t1ll1 Commallllor-ill-Chinf ill allel ovor our Colony of N r~w Zg1A~ and its DepeJ1(lenoiofl, anc1 Vjc~1l1liral of tllCl im"IC~, at 1?Pt'~~Lft1'l...... t.lrifl ,tt:it.~ day of .ktt-e.t. C£ fl<;- ill tho ~l'~ .c)~tf//o£ ~7 ),(>11.1' of 0111' Reign, f1.nr1 in the yen.r of 0111' T,Ol'll One thOllAn.l,{pigld; hll,"1t1fclltll!1 seventy ;t;;;. c. 1 >.T \\ " I ( ( r I ,/ /' J'O. ~'.;il': ~ {t.: II )):rf 1///.('1 tI '-.7 Beg . .1', l<\ hel j~ DMtvJ.u..'\I\Il\"\) Ol. -&.vy pL&\~I)'W UII\N~J (Q~ wivw ... dALoL D C!J-1.0'O kt-v olAJ..ct , l\'?.~)~~{o· '1"\ t\\.o4!J CI"'V &M,Q~~ ~PW\'\.clul h·~-oV1 (9 ~-w-o 1f\.0'L\.0'O~M'cl <.,8 )£!w-o ~~vo.u!.l1M 'If.Lh.W~ ""W~c(,l\~ c\"cUl,.\,.e. ~".vI-'u>IN\"lA ·1*~1'£~Cr.fr~ iffi·f:'/t.(.s05C~f,~~ YtE.v/<\AI_ .J1nvMCl.1 £Mt.cth'~O\k,AA ~~ 1.ftV C<-~O-UJ'otic0 ~ l")C)t~Jio tlfvt.o. lit '" N J. ... , " Scale- :?o chaills to ono incll. SUl'veyod 1Iy _.,:J:.~ ... ,rna lit" " 11 / I O I I II' I"" - .~. i • - ~bto(l.1 'ID't Uw.t., hcrcl)y Grant unto ; i I': ZEALAN]). GOVCl'llor [l11cl COl1ll11ulltlcl'-iu-Chicf in amI e· ... \ r No. 1J-78(1] il,'!! . .,...J. \~ 1------'---- ·,'tJ I .' '''/ / ?,' 1- . /""! t !/ IA,A 11/"" URENUJ ,,' " 1::...' , ',,-;"' .~-:;--.,-.;- ,-' .; -';<'. "-"~"';""': i. f)ml'-ll)1:)( ~ No. Xfn, 41':) VICTORliE. .....~M ...... _ '''''' • __._ .... __ .. ___ •• ___ J .. IC'.U., Special OOll/j'('ds C(li~i:':·ii!((li(}i/. _._--_ .. _« -- ._------_._---_._...... « ••- ...... _--_._._--_.. - ---- SPECL'S, ('.:;:-:°,rr..\('T5 ACT to authorize the Gmrcrnor to cOll1plcte certain C\1:;rm~U!I()X, Unfulfilled Engagenlcnts relating to Land, and for that purpose to issue Crown Grants in certain cases. [201ft i.Vo:r.;ember, 1877.J VTIIBR.EAS verbal ~ncl n:ritten promises lwxc from t~Ul? to timo V\ been made to glyepleees or parcels of laud to Nntn~es, who ha-re thereupon in some cases occllpiccl the laud so pl'omj::;ed to them, and erectccl buildings .thcreon, and in other cases hay!) aJ icnat!~(l t-he said lands and l'cceivccl full money eonsidcl'at-ion for the S:l!l1C from pm·tics dealing wit.h such Katires iJ.~ good j';.lith: .:\ nc1 \rhl,'r(:;1.:~ dm:ng' the COlll'SC of ye:'1l'3 certain complications ill rQ;;pcct of cOllii::(:ntc(l lands ;:ll1(l e:s:ehullO'c!'; thereof, aDd jlll'CSpcct of the sale, exch::m~se, nlHl !!·I·,1.uh of other lauds of the Cl'o"m hayc m'iscn, and tile snlllC Ci.11111·(,t he settled wi(hout special authority of law: 13E 1'£ 'l'HEllE1:'OJtE EXACTED 1)\7 the Gencl'nl..:.\.!;scmlJlv of 2:\cw Zc.l1ancl ill Pnrlimncllt. assembled, a'ncl hy the authority of 'the S8.lile, as fo1101\"9 :- 1. tl.'he Short Title of this .Ad sl1:111 he (C The Special ContJ:<1cts Co:ufml1ation Act, 1877." . Gt)\·~rr.c·r n::ly fulfil 2. The contracts, promises, 01' eugag,:mcni"s sGycrall;-'7 clll.lm('rat:;d cl".'1nt!,,"'!~:~5: &c.: and iu the Sehcdule to this .Act arc hCl'cln' l'atific!l and cOllih'mcd, ;Iud it hti.:e g:-.tnts in cer t:liu c-~;.::;. shall be lawful for the Goveruol' to do ~ll thins'!> that may be llC'('CSS;HT for or to\rarc1s the fnlillmcnt or completion' of nny of'the nfol'('!;aicl contracts: promises, or engagements respectin:!ly; :mcl cn:::l'r Cl'Oml grant l1lnde and issued ill any such case shall he deemed to be lcg~llly made and issued. SCHEDULB. I. Fno:msEs TO X.I.TIYF.S. 1. Tareha tc ?lI.1;U1allui. Tbe prumise of n gr:1nt to him illnlic·!lnl;l.r of S.:(·t! . . , ~...... -...... --..... ~ ·-I ...... I I ... , ,. 'I +I 0 VI eTO H.I1E. 1~"; O. XII r. I --.. _--.- ._----_... __ ._-_._------_._- L(Il:.\ L . ... •• ___ .... ______... ___ .. __• ___ ...•• ___ ... _. ____. ___ ._ .• _. ~ ••.. __ •... _ 4.·_.·.· ...... ___ .... __ 1. CaUl!))},,1l. Pc·k:'. I Fur:! !.!l'ant. 1') II.:) hHi\'d tr.l llin.1 for 10 nrl'l'S 2 !'votl-:, )i:uluinhj~ ol'igin:Jl1~" p:::-t ~f S':f;t-iO!l Xc'. 350: t':itNI. j)i.-I!·i('{-. :I.. KCl'.;;h:!:\', Philip. 1"01' n gl';\llt t.) he i·,ned to llim 1'01' 10 ncl'<::, to be srJec!eu t.y hiul in the Okotuku Block, \\"elling! r.m Dish·jct. 3. Kyngdoll. O. i\L For :l. !!l':lllt to be isslIed [0 him for 11 aCI·e. 2 roon; 20 l~~chc. of Ole Ul'~llui 1'o;;li Rcit, Tal',maki. 4. 3frs. Kyngdon. For a gl':mt to hil i,s::.:d to hc::, c.f Section 96 and p~:-t or :In ;t·.lj:lCCI;1. hElI,l ;·.}:l·! nt t h,~ clClSed cnd t.h(!!·cof, ill C!'cmli TrJrruship, contailling 2 roods 5'S p~l'~h~:;. 3. l{iddiforu, Frederick. F"l" n. p-r;1nt. to he iH\A(~d tt) hi:',l of 1(11 n.71'C'S 2 l""od~ 10 p{:rdlc~, bd!l!! ::;fCf!(,\~h :nn'llb('!"N{ il :::',d 81, l':ttea. District., T~l'auakj, 0:1 paylUcnt by Hidclii.:>rd of the ~!l!ll of £.2 pCI' ~.::'C' f,·!' th.) J:;.:.d. G. Stcrrar!·,1'e;;ey. . . The cont.ract Illack on 24i·h .hll(,. IS'.J., br:l ...·,,(·1l the IfNl. )[1'. O'Hor]:p., Ille 11:':::1 ::!crr'~~;"!'J fc,r CrO\Tll Ln.uds, nnd )Ir. 'r~:{ly Stcn-art, in r·:-lntio:l t'l ill\! A:ltiklti Sdl~~!llt"!ntr C':':1t:l!lling 10,(0(10 :lel'C:;, at TUllr:mga. For gr:!Ilts to be ismcu in co::.f':ll'lllity with lh~ t(,l'rns of the ::hol'!',u:,mcd cO!lh~:ct. 7. Yincent, Ch:U']C5 (Repl'C'senbti\'c;:; of). F<'r a. grant to be i;sllcU to thi: ubol'\!·n!1Uled (.)1' n section Il'lL. e::c~l!dhlg 400 :lCl'~:;, t·) boJ .elede III. EXGJ.GE:,n:::iTS IS CO:S-::iECrIO:S- ",{'Xn: eRO":\' L..ISDS. 1. Auckl:md. For:l gr:mt 1.0 ~:ltlmll "-illinm Sharpe of ';"0 ncr.:'s, p~rt (\[ J_o~ I!::'?, P:H':,h c.f Or~l:::.hll~O, O!] thc ('l:ccutioll by lho s:litl Sbnl'p~ c·f n deed of l'oll,cyanc'.) [,uti ro:'\('asc to Hcr )I::jcsty (\f ,0 ncreE, part of Lot 109 of the aforcs3.id pnrish. 2. Canterbur\". For :l g',·"nt to F. Bceehy oi [,bollt 1 rood 20 pCI'I!i!e:, heing porli.:.n of RUT:;l S,:~li()n ~o. 1213, Go,,,ruor's llny, not rc,!uir.: 3. Hawke's Bay. Far n gnml to If. R. IIo!dcl' of R'l;'al Si:dic·m ~os. 21, l(l3, W·l, at \Iootl,ilic: CO'lt:!inilig about HO !1ercs, 011 pnylll;;nt b.1 IIolckr of £D [.)1' all exec,s of n~r~g(! . •1. 'Nelsoll. For the issue of ircc grnnt. n.£ CJllnl qaantity of Innd 1<; ;,~t:id'S at )[.)tn.:·h,·wl:.j;.: 0""11 l:.nd h~; l)cen w:lEhed :lwa, b\' ii.)oci:;. • For the tr:nlsf"r 10 .John· J. Ta.,j.:.;·, n.a p:I~'JUCllt by hill) of ll:~ m!H of £175, (\f poriic'll or ScCtiO:l so. S3, ill the Dhtrict c·f ,\i':l:::lea E:l;t. 5. Otago. Fco1' the C(\ll'l"eY:lllce to 8uI1111(·1 G.:·ll1:,toll of pa1'~ of Secti'j!\ 11, mock VIL, Town Di;lricf, Dunedin, ~olltnillilli!' 2'(j pole;. For the iS~l1c of :to fre'c !?;rtint ff) )Il"S. Tlu"pin of ~ nl~r~ at; On1rnul, b~'!nz S:?..::tk,~~!; :\-.)::. 1.~ nnd :21): BloC'k .\..: of the said tf)·.... n: h·:·:' v·... ·u !:t!ld lln'ih!g b'~C:l r.::)f~l.:'l',,:'\l ,"311J'~=~~s br 11.)·::,:!.~. G. Src,wart's Island. b\::" tr:tnt.s to 35 old. H·it!('l':: of :":'JUl 20 to :i nCI't-s <:':1(.:11 1 :h:\!'Jl'dil1g (0 r\.·conlnl('ad~\ti·~n (.or. Sonth!:llld "'a:;te Lunch 130:\1'<1. i-. 'rarall~1ki. 1:-~·r ;:;i~1!lt5 tv 22 j!llriligl'!\!IL~ \If ct:::1~in :!CI:tiOllS UL thl.! Inc;l,~woc;t1 Tt:;"'n~hipJ WhCi'ci::i thc-.t" h;1":(' Cl\:('h~,l rotf:tg~~, (tn pa.'"m'_'~lt \:If ~!"? uJ"!,.. t p;.it't." ,:f (h~ ~N.. ti,,!!~ l"c::pc:dh-,'l.y. F,,~' :!"O:.nts ~'J ;ro::htl:l .. tJ\.Jn~.; :!~1·:l l:.:·lh:l,t )L:~J!!!:,;! (If :!.:t)(Ji,l :~~'r~$ i!l i.h~ ~.r('!1 J?i:=.:!····:! .:.!! P;I:·1l.1t::!t. ..:·f tll-'? fm::uh:'(' ot t:H.' J':I:·'::J:H.\·:::')!·I:·~· {.r::;n::~'Iy':.::;~·-:.:d t~l : ....: )':':1,,! f:~·r th·~ ~j,i. •.1 :;;:.:. 8 .. '\\ ·(·:;~ngt(.n. 1:""v:" ~1,. C~'~1~t 1.1) J .. Xi~.. :;!1 til i:'O :... : .. :; a: C p0!-: ..··!lg:1i·l', ·,in 1:'C Id.· J..:;l1k l..j the y,"':." ;'t!Ht~ Hi'"l·:-.. - ., ... .:.: -' :: ...... :-:-- ~ .::.;..; -~:::::::: - 1'."- , ) - " I'" ...... , '- :_, I 1 , .' "{ 1 A:'.\LYSIS. 3. Hcp;:::d. :1. L:-.l;d.;; ;'\t CL'cl1i.1i t;ro:!.l1t.:::d to Schcduk :.; 0:11:'::;' l\.yngdon. 180:-3, Xo. 28.-Loc(!l . 'IiII.:-. .. \::\ .\.C'i' to authorise the GT:lnt of c\.'l'tnin L;tn{[s ill tlit.:, l.!reim: l'm\"l:ship to Courtenay }Ie:lrnotlt Kyng!lon. f.(5tl! (Jefr/uer, IS!):). BE 11' l:~ACTEJ) b'r the GCE(:l"al .-is:-;elllbly of SC\\' /.:e·nhll 1. The Short Title of t-hi" .'let is c: Th8 1("11"'-1,,'.,' ..i t)f.~ .'A... r..,H.\,. "'1' lL-.,"'Z,"t .. ,- .. .. ,-.'l':" . .-ict: Lwn." L:.:p::~ ~~~ l'" !:':!1l1i 2. The GOY(Ol'llor, by V.-i!rmnt lmt1Cl' his lwr~ll, lil;!.)' SCHEDULE. .\.. !: . p To\\'~ S(:ctions ~()5. GG, 67, 68, 81, S:l, ::..nd 8:3, ollta.inill~ 1. :! 0 :P;U't. of To ....-n Belt No.2 11 .. ;20 ., (j P;trt of 1'0\,;11 Delt No.2 ... 0 .j- \YELLINGTOX: Printed t;:~dt!r :~t::hol':ty I)f th\! :.;(:".\" .zc'~!~l.lld Go','..:rl1!l1t::!l:. by SA:.it:~·:r.. CCST.\LL, GOY(:Il!]Ucllt Pd!ltcl*.-lS~:3. REGISTER - NEW ZEALA.ND. / Vol. ' """"': { WtUTGIII No.. J t?--1 ,folio .:JUfi P.B./olio CERTIFICATE OF TITLE UNDER LAND TRANSFER AC~ ~; IItbis ~tutt, dated the eaf#l"'Cu.t(6 . day of fl'J'6At!,~, one thollSllDd eighlO hllDd.red antlnine~yr"''ZlW1der . &he Iwul and seal of the Dismat Land Registrar of ~he Lan,l Regiamwoo Dismct or r~4"<7'Jt'/1 K< , being II. Certificate in lieu ot . GnD~ onder w_~ or His Excellenoy the Governor, in eun:ise of tbe po ..... rs enabling him in that behalf, Ufrllltssd!J that ([o-a-Y ;l"'{[a~ Y1tI"U1ta /It ~'1a'd'eo r //tfi/.«i ~a£'erJ ill aeiIed of an estate in f'ee..simple (sobject to suoh roaerva~ions, resmcLiOUB, eocumbrancetl, liens, and interests as an! nntitled by memorial undel- 1IIi&WI or indorued hereon; aubject also to any exisLing right of the Crowo to take and layoff roads under fUJI Ad; of the General Assembly of Ne... ZesIand) in the land hereinafter described, as the same is delineated by the plao mwn bereoo, bordp.red r:a 'Cu.«W, be the several admeasurement&. .lWIe more or leas, whioh said land is io the said Wammt expressed to baye been origiruilly acquired bythz,yUm.'f' f1;;.,fia,.Al r~Jo/ URENlIl TOWN BELT WAITARA SURVEY DISTRICT -".- 1ftp~~ ~ ~/e G d.a~A,D"lncJ ,--) .s",.~ b' ? S-illl aid Surreyo,.. cJ. ,slraucluII1 ! t "§... I I D,.t"'$Ah#molf H. w.,s.,.IIh" it) { . .~:. ,"-I~ I ,)-i '0 I Rt·fet'f:ftI.~ II'nor CiT C 1/ 7 ~ 5 I I I framiCi No. N/C. Order Nu .• REGISTER - Declaration of 111 CERTIFICATE Of TITLE UNDER. LAND TRANSFER ACT :1 o Ii I ~ I Itlli5 l:ertifltl1lf uated the 7th day t~\' Novelllb~t: One Ibllusanu lIille huudred and eighty-four ,I I under the seal of the District Laml R,gisttar uf the Laud Registrallun DiMlict uf 'l'ARANAKI I · ~ IWITNESSEn! \hilt M:tMOND ~!~rHUR COHKILL of' Manaia F'armer and JANE'r MARIE CORKILL I .~ his wlff .>is scil;ed of .m cslate in fee-simple (.~ubject [0 sueb rcscn:llious. le$lfictiollS. encumbrancer.. liells, a.nd illter~h as are uotified by memorial underwritlen O! en!1vT$cd heulon) in the I"nd hcteltlafter ilCS\:ribcu, delineated with buld bla.:k lines on the plan hl;rcon, f b\'l Ihe seycral aumca:slJrement$:1 litUe 1II0ie 01 Jcsa. thai Is tv s:ly: AU that paH;e\ol' land cunlaining 1. '7108 I 1:,·:.:1 'h~cta.re5 rtlorc"or less situate in Block: 1 II \vaitur.; I:~ I I\", .\ - ."\,:.".,;: '''',:< :-., ."~;;j ') I! 'rl \. "\,.:" :" .. ~'.,..r:~:~.... , ..., .'/ ---1\~-:3-hrt-arrt-r:.a'n ";~e.g-i-s-tr;a;t:1.·-,;.L:,-'----- ____L ~ .~: '~!,~~<$J". I Plgott and I:>cgg¥:'Dg{~tJ 01<'1>- Mortgage 320047 t~~~n~\~~~l1ew ~ 25.3.1983 at i:r:2.1~ic I r ~ zealan_d - 26.4 .19'a'5 a~\ 9 ~ 4-04"1/:;.-/ '1., ,l"l 32Sb'oS \~ , ..... ' . I I ,f j '. :. A. r • It ..... I 325665 Memorial of Discharge has \ not been ente~ed on the outstanding duplicate of Mortgage 298055.2 production of which has been dispensem wi~h under Section 111(3) Land 1 T~ansfer Act 19~2 - l8.10.1985 at 9.09 O'C ~~ /~ A.L.R •• '!.'ransfer 387314 to Raymond Arthur Corkill and Janet Marie Corkill both abovenamed as tenants in cornmon in I-- ~qual shares - 19.12.1991 at 11.09 o o'e ¥. I---..,.."..,...,.J, ~/ ~ r-_... B'-4-....,;.1.~7 __H A.L.R •• Z Pursuant to Section 239(a) of the Town of Resource Management Act 1991 Lot 5 DP Ure.... ui 17842 is vested in che New Plymouth 115·75 District Council as a local purpose reserve (esplanade) - 7.10.19:3.~ RITII"IONA Sf 'i /i~.R. Mcu~~entli are Metric :r4 G3/507 O.C.T. 404915.2 to) Cancelled and Cs.T. 404915.6 ) issued for Lots on inclusive ) DP 17842 ae follows: 7.10.1993 ) Lot 1 - C.T. J4/75 Lot 2 - C.T. J4/76 Lot 3 - C.T. J4j77 Lot 4 - C.T. J4/78 LOi: 5 - C.T. J4/79 AT!:A.L.R. OI~ICT LAND REGISTRAR CANCELLED .-- ---1 -~~ ... rL"'MOtiTH, NEW Z.:!A1...A.':O I __ --l H.-21. Ll' 1910. !.S \ Total. 1 24 36 24 1911. 17 2 NEW ZEALAND. S 1 108 AND 1VIILITARY OLAIMS (RIl:POR'f ON). P'r.esented to both H01tSe.s of the (]ene1'al .Assembly by command of His Excellenc·y. ~. The UNDER-SECRETARY FOR LA:-1nS to the Right HOIl. the 1hN!STER OF LANDS. Lands Department, Wellington, 26th August, 1911. In accordance with your instructions that an inquiry should be held by the Stipendiary tes into any claims preferred for naval, military, or Volunteer services, I have the honour report that action was accordingly taken to give effect to the request and desires of the Govern- 'ment. The necessary application-forms were printed, and a supply sent to each Chief Postmaster throughout the Dominion. Notices were exhibited at the principal post-offices, railway-stations, and other public places, and notifications made by a large number of newspapers, of the investi . gation into any claims that would be submitted. On the 30th April, 1910, the Stipendiary Magistrates at Rotorua, Whangarei, Auckland, Russell, Thames, Hamilton, Napier, Gisborne, New Plymouth, Wanganui, H:iwera, Palmerstoll North, Masterton, Wellington, Nelson, Blenheim, Christchurch, GreYlll.outh, Timaru, Oamaru, Dunedin. Queenstown, and Invercargill were authorized and iustructed to inquire into any claimB , received by them; and they were also informed that it was desirable and important that . their sittings should be regulated so as to give every opportunity to claimants of personally submitting their claims with a minimum amount of labour and expense. . The total number of claims received by the Stipendiary Magistrates amounted to 607. It will be interesting and instructive, before procee.ding to summarize the result of the pre . sent hearings and findings of the Magistrates, to sht,w briefiy what had already been done in regard to compensating those who have taken any part in the several campaigns, or have obtained grants under the several enactments that had been passed in reference to naval and militarY Bettlers and Volunteers. • In the first place, grants of land were given to those persons who retired from the Imperial army. for the purpose of settling in the disturbed portions of New Zeal and; and also to those who had been engaged in actual warfare in New Zealand against the Crown's enemies. Section VII of the Land Regulations by His Excelleucy Governor Grey on the 4th March, • deals with military settlers, and is as follows; "Military and naval offir.ers will be allowed all parts of New Zealand where there are waste lands of the Crown the privileges accorded to the Regulations of May, 1851. But the remission-money given to them in terms of those --U'UL"ll'" will be subject to the rules 25 and 26 hereinbefore prescribed relative to Government UL~~~Lt)lltl of May, 1851, alluded to in the above clause 28. were issued by the Imperial ~o'rernIltent. and were published .under the heading of It Information for the Use of Military and Officers proposing to settle in certain of the British Colonies." They were officially notified Zealand on the 23rd December, 1851, by command of His Excellency the Governor. This • andum prescribed the conditions necessary for officers who proposeq to retire and select tn the Australian Colonies and New Zealand. Ceylon, and Cr"Oe of Good Hope. Officer" 8Q I-H. 21. , H.-21. 2 retiring were advised that in purchasing land they were allowed a remission of purchase-money according to the following scale: Field officers of twenty-five years' service and upwards in thQ whole • .£600 i field officers of twenty years' service and upwards in the whole, .£500; field officers of fifteen years' service or less in the whole, .£400; captains of twenty years' service and upwarck in the whole, .£400; captains of fifteen years' service or less in the whole, .£300; subalterns of twenty years' service and upwards in the whole, .£300;' subalterns of seven years and upwards in the whole, ,£200; subalterns under seven years' standing are not entitled to any remission in the purchase of land. The Auckland Provincial Government issued Land Regulations dat~d the 15th March, 1855 and clauses 37 and 38 of these dealt· with naval and military settlers, and were as follows :- ' "37. Every naval and military officer, whether on full or half puy, and every non-commie_ sioned officer and private marine and seaman, whether belonging to Her Majesty's service or to the service of the East India Company, who, being on service in New Zealand, shall retire or obtain his discharge there, shall be entitled to receive from the Waste Land Board (in lieu of an allowance in respect of money expended in passages, as hereinbefore provided in respect of settlers emigrating from the United Kingdom) a money certificate enabling him to acquire land free of cost, after the following rate: Commissioned officers,' 400 acres; non-commissioned officers above the rank of corporal, or equivalent to that rank in the sea service, 80 acres; non-commissioned officers being corporals or under. that rank, or equivalent to or under that rank in the sea service, 60 acres; private soldiers, marines, and seamen, 40 acres. "38. Such mOI~ey certificate shall be received for the amount therein expressed in payment of any special-occupation land which the person entitled to such certificate may select from such as may have been declared, as hereinbefore provided, to be open for sale in New Zealand. H In 18nG, the Auckland Provincial Legislature passed the Naval and Military Scrip Act, 1856, and the following are extracts therefrom :- . " BE IT ENACTED by t.he Superintendent of the Province of Auckland, with the advice and consent of the Provincial Council thereof, as follows :- "1. It shall be lawful for the said Superintendent to issue to every of the persons now or lutely bdonging to Her Majesty's service as aforesaid, and who was employed in suppressing thE' said insurrection, and who has been, or shall be, discharged from such service, and is now, or shall be hereafter, settled within the limits of the said province, a certificate in or as near as mav be to the form giwn in the Schedule to this Act annexed; and every of the said persons to whom such certificate shall be so issued, or, in the avent of his death, his personal representatives, shall be entitled to a remission of twenty pounds in the purchase of any Crown lands situate within the said province, on delivering in person such certificate, at any sale of the said Crown lands, unto the Waste Lands Commissioner, or such other person as shall be duly authorized to sell such lands thereat. " SCHEDULE REFERRED TO IN THE FOREGOING ACT. " 8Cl'ip issued un1er the Naval and MiUtary Scrip Act, 1858, of the Local Legislature of the PromnCf of A?lckland, in the Oolony of New Zealand. " Certificate No. [Number ta be written] . .. I. [A. B., Esquire], Superintenneut. of the Province of Auckland, in the Colony of New Zealand, in exercise of the Tlowers vested in me in that behalf by the Act above mentioned, and after havin.g first caused due inquiry in that behalf to be made, do hereby certify, to the best of my belief and knowledge, th'tt [C. D.), of [Place of resiclenceJ. in the said Province rDe nel, in the "76. Every naval and military officer, whether on full or half pay, and every non-commiB sioned officer and private, marine, and seaman, whether belonging to Her Majesty's service or to the service of the East India Company, who may retire or ob~ain his discharge from the service to which he may belong, or who, having retireu or obtained his discharge for the purpose of settling in the Province of Auckland, has not selected land under former law or regulation In"'''''-'''''' in respect of money expended in passages, as hereinbefore provided, in respect of settlers as the case emigrating from the United Kingdom and elsewhere) to receive from the Commissioner a land and tha.t Ghat he is, order enabling him to acquire land free of cost after the following rate: Commissioned officer, ds situate 400 acres j non-commissioned and warrant officer, 80 acres j private soldier, marine, and seaman, 60 acres. , one "77. Provided always that any such officer, non-commissioned officer, and private, and any marine and seaman, before he shall be entitled to receive any such land order, shall prove to the satisfaction of the Commissioner, by certificate or otherwise, that he retired or obtained his dis 3Ba.id."~ charge for the purpose of settling in the Province of Auckland j and any non-commissioned ation 56 officer, or private, marine, or seaman shall at the same time prouuce to the COImnissioner a certificate from the officer under whom he may have served of having during his period of service been of a good character: Provided also that any such land order shall be applied for within the pro twelve calendar months next after such retirement or discharge as aforesaid, or shall have been ld Regu applied for before the ninth day of June, 1858, by those who have retired or been discharged. ;housand . "78. Every such land order shall be granted by the Commissioner or his Deputy in New Jst, may Zealand, a.nd shall be to the same purport, and shall have the same effect, and shall entitle the ly blocks person in whose favour the same is granted to the same rights and privileges, as a land order ;0 all the granted by an agent in England to a person emigrating therefrom, after such last-mentioned ;ioned in order shall have been presented to, and had a note made thereon by, the Commissioner or his notwith- Deputy as hereinbefore provided." . In addition to granting land to naval and military settlers in the North Island, it should : settling also be mentioned that in the District of Nelson special provision was also made in the Nelson L. These Waste Lands Regulations of the 1st July, 1856, providing for the granting of land to persons who .retired from the army or navy for the purpose of settling in the Province of Nelson. Sec -commis- tions 34, 35, and 36 of these regulations dealt with the subject, and are quoted hereunder :- . 9rvice or Ie service " Na·z:al and Military Settlers . •se afore military '/'34, Any naval or military officer on full or half pay, whether belonging to Her Maj~atyJs )f money Service or to that of the East India Company, who shall retire or obtain his discharge for the purpose of settling in New Zealand, shall be entitled to receive a money certificate to the amount •• H.-21. 4 ,. of £300, OIl his I:ligning, and depositing with the Commissioner of Crown Lands, a memorandu that by the acceptance of such certificate he holds himself to have come under an honourab engagement, and does accordingly engage, to resid~ within the Province of Nelson for the spa of two years from the issue of such certificate. "35. Non-commissioned officers and privates in Her Majesty's army or the Royal Marin who, being on service in New Zealand, shall obtain their discharge there (such privates beil discharged with good-conduct oertificates), shall, after a rel:lidence within the province of 0) year after dischat'ge, be entitled to receive a money certificate to; the following amount; No commissioned officers, or equivalent to that rank in the sea service, £60 j privates, marines, 3,1 seamen, £30. "36. Every such money certificate shall at any time be received instead of money in paymer. or part-payment, as the case may be, of the purchase-money of Crown land purchased within t province. " The following general statutes and enactments 'were passed by the Legislature dealing wi the granting of lands to those who had taken part in the warfare in New Zealand, viz. ; The. Naval and Military Settlers Act, 1860. 'rhe Taranaki Settlers' Relief Act, 1860. The Hawke's Bay Naval and Military'Settlers Act, 1861. The Naval and Military Settlers (Marlborough) Act, 1861. The Auckland Waste Lands Act Amendment Act, 1862 (sections v, vi, a.nd xii). The Colonial Defence Force Act, 1862. . 'rhe Colonial Defence Force Act Amendment Act, 1863. '1'he Wellington and Hawke's Bay Naval and Military Settiers Act, 1863. The Taranaki Naval and Military Settlers Act, 1865. The Volunteers' Land Act, 1865. The Volunteers' Land Act Amendment Act, 1867. The Taranaki Naval and Military Settlers Act, 1867. The Naval and. Military Settlers Act, 1869. The Volunteers' Land Act Amendment Act, 1873. The Volunteers and Others' Land Act, 1877. The above-named Acts and regulations indicate the legislation passed to provide for milita settlers, and those who took part in the several campaigns necessary to overcome the differE rebellions that arose. It is therefore now necessary to state what has been done in the past in the way of giving eff. to these provisions, and to what extent the Governmen~ has issued land-grants and payments accordance with the intentions of the Legislature. Returns have accordinglr been compiled of 1 Crown grant.s issued under the above Acts, which may be summarized in the following manner ;- Auckland Province.-Crown grants were issued to 4,272 persons for ij,!)63 rural sections a 3,4:51 town sections containing 217,105 acres and 15 perches and 2,911 acres 1 rood 31 percl respecti vely. Taranah Province.-Crown grants were issued to 1,190 persons for 1,227 rural sections (1 ll6 town section;; containing 84,596 acres 3 roods 10 perches and ll3 acres 3 roods respectively. Hawke's Bay ProV/:nce.-CroWn: grants were issued to 108 persons for 121 rural sections a 100 t.own sections containing an area of 7,489 acres 1 rood 13 perches and 25 acres respectively WelUngton Province.-Crown grants were' issued to 4:66 persons for 475 rural sections a 116 town sections containing 36,871 acres and 2 perches. Nelson Province.-Money certificates were issued to 38 persons representing 'a total sum £5,370, and Crown grants for land were issued for these certificates either to the persons " received them or to the persons to whom they sold such scrip. . There was it. special Commission appointed in 1872 .by, His Honour the Superintendent Taranaki to inquire into and decide upon claims made under the Volunteer Land Act, 1865; a the Volunteer Land Act Amendment A.ct, 1867. This Commission reported in due course, and names of the persons who were favourably recommended, together with the amount awarded, w published in the Taranal~i Provincial Gazette. The reports show that 700 persons were admitt and were awarded compensation to the extent of £13,645. '1'here have been several inquiries or Commissions under the General Government-viz., 1882, .C~nlInissio? ~onsisting of Colonel Haultain and Messrs. Fulton al1d Bunny; in 1887 CommISSIon conslstIng of Colonel Gudgeon and Mr. A. Crowe j 1889 to 1892, an inquiry by several Commissioners of Crown Lands; 1896, Commission by :Mr. J. C, McKerrow. These Cc missions and inCIuiri.es may be summ~rized as follows ;- £ 1872 ... Claimants admitted, 700. Amount a\\'fll'ded, 13,645 1882 ... 119 3,630 " " 1887 ... 234 7,440 1889 to 1892 " " " '921 42,567 1896 ... 110 " 3,485 " " 2,084 £70,767 Making a total of 7,692 persons compensated with £70,767 j scrip for £5,730 used in purchasf land and Crown grants for 349,112 aore!;. ,. 5 H.-2L lduID' I have now to summarize the results of the inquiry by the Reveral Magistrates, and the following rable table gives the number of applications received by each and how they were dealt with :- space \ Number rine, Number of Claims Number recommended ~ Number Bont Jeillg Stipendia.ry Magistra.te at received. rejected. for i to other Courts. . one Consideration. I Non------..... -----~------.--.- '--1---'-- . and Auckland 189 161 ;6 22 ')., nent, Thames 24 _v I 1 n the Rotorua II 10 1 Russell .. 3 3 with Hamilton 18 18 Whangarei 12 11 I 1 Gisborne 48 47 1 Napier .. 62 58 4 New Plymouth 63 52 11 Hawera 25 25 Wanganui 31 29 2 Masterton 9 9 Palmeraton North 19 16 3 Wellington 30 25 5 Nelson .. 3 3 Blenheim II II Christchurch 29 27 2 Greymouth g 9 Timaru 13 13 Oamaru 5 5 3 3 '.ita.ry Queenstown 'erent Dunedin 7 5 2 Invercargill . 5 5 effect lts in 'roo Stipendiary Magistrates were auvi~ed that the persons who were considered eligible to )f the make olaims were those who came within the following definitions :- (1.) All officers, non-commissioned or warrant officers, private soldiers, sea.men, and { a.nd marines formerly of Her late Majesty's naval and military forces who were engaged :rches in suppressing the insurrection of the Natives in the northern part of the former Province of Auckland, and, having been discharged from the said services, have , and since then been resident within New Zealand, and claim under the Naval and 1y. Military Scrip Act, 1856. land :lv. (2.) All persons who retired from Her late Majesty's naval or military service with a gQod ; 'and character for the purpose of settling in New Zealand at any time before the 31st December, 1868, and who have so settled in New Zealand as aforesaid. lID of (3.) All persons who served in New Zealand and who retired from Her late Majesty's ; who naval or military service with a good character for the purpose of settling in New Zealand at any time before the 31st December, 1872, and who, prior to such date, Int of have so settled and resided in any part of New Zealand. .. and (4.) All persons who were .enrolled in the Forest Rangers under the conditions prescribed d the in a memorandum of the Hon. Thomas Russell,' Minister for Colonial Defence, were dated the 6th August, 1863, or in another memorandum of the same Minister dated itted, the 9th November, 1863, respectively. (5.) All officers of Volunteers or efficient Volunteers who have enrolled in any Volunteer ~., in corps within the colony on or prior to the 31st October, 1876, and who, either S7, a prior to the said 31st October, or, inclusive of any period of service prior as y the aforesaid, subsequently completed five years' continuous service. Com- (6.) All persons enrolled under the Colonial Defence Force Act, 1862, who serTed within the Provincial District of Auckland under the late Colonel Nixon or Major Walmsley, a.nd who had, on or before the 10th October, 1867, completed the con ditions of their enrolment under such Act before the said date, or, having served under such Act partly before the said date, completed such service after that date. (7.) Every person who at any time heretofore has sent in a claim for lanq. under the Naval and Military Claims Settlement and Extinguishment Act, 1896, or any Act of a similar tenor theretofore in force, and' has had the same rejected by any Commissioner. (8.) Every person who,. through death or through injuries received during the time of his a.ctual service, was thereby prevented from oompleting the full' time of service t-o entitle him to a olaim of land, or the widow and children or legal representative I\se of. of suoh person. I ' (9.) The widow or children or legal representative of every person who served on active i service in the Volunteer or Colonial Defence Forces, and who, had he lived, would have been entitled to land for such ~rvice. H.-21. 6 '(10.) Ev~ry person who, having at any time heretofore received a remission. certificate, shall produce conclusive proof that such certificate was absolutely destroyed by fire or other inevitable accident before the expiration of the time within which it could have been exercised. (11.) AIly Volunteer who by command of his superior officer or the Govemor teok service in the Militia, and thereby lost his claim for full time of service as a Volunteer. The public were also notified that no claims would be considered from those persons who had previously received grants of land or money for naval, military, or Volunteer services] it being held that if a person had once received compensation the door should not again be opened for his benefit. Notwithstanding this intim&:tion, a number of persons sent in claims who, upon search being mnde, were found to have received either land or money for some service coming within the above definitions. Some other claimants admitted having received a grant for one service--say, as a Volunteer-but. now asked for some consideration on account uf Militia service. Any such cases have not been recommended. Schedules of the names of persons who submitted claims are appended, together with par ticulars ILS to the decision in each clLse. For convenience the nlLmes have been subdivided into those that have been admitted, ILnd those wbo have been rejected. Each schedule has been arranged alphabetically to facilitate reference to the names of the claimants. I have, &c., The Right Hon. the Minister of T,ands. W),!. C. KENSINGTON, Under-Secretary. SCHEDULES. SCHEDULe: I.-CLAIMS ADMI'f'rED. Name. Service. Name. T Service. Allen, James R.M. Navy. Kerr, James (deceased),,'1 R.M. Royo.lIArtillery. Baker, Robert Tarauaki Volunteers. (by his do.nghter) . Brown, John H. Hliwke's Bay Volunteers. Kerr, William I Aucklo.nd Colonial Defenco Force. BulIot, Edward A. H. Tarano.ki Volunteers. Lo.ugmo.n, Thomas To.ranald Volnnteers. Carter, John R.M. 40th Regiment. McAuiey, James R.M. 14th Regiment. Coffey, Denis H.M. 57th Regiment. Marsh, Esa.u To.rano.ki Volunteers. Collins, John R.M. 14th Regiment. Neo.le, Joseph Auoklo.nd Rifle Volunteers. Deo.r1ove, Charles Ro.wke's Bo.y Colonial Defence Nicolson, Angus Auckland No.vo.l Volunteers. Force. Po.rkcs, Frederick R. Wnngo.nui Rifles. Edgecombe, Wilii~m' Taranaki Volunteers. Preece, George A. I Ro.wke's Bay Military Set·tlc"" Evans, Robert " IColonial Defence Force. Kai Iwi I Defence Forcc, &c. Cavalry, &c. Pugsley. Silas : Greytewn Rifles. Fahey, Peter (de- R.M. 65th Regiment, "nO. 1Ii1itia. ROBS, Richard . Aucklo.nd Naval Volunteers. ceased), (by his niece) Shirley, Thomas E. .. Hawke's Bay Volunteors. Fitzgerald, John . . Wanganui JlrIilitia. Simpson, Edmund S. T. R.M. 70th Regiment. Focett, Charles "1 H.~1. 14th Regiment. Smith, Henry Land Transport Corps. Ramilten, Michael (de· R.:\l. 58th Regimcnt. Standish, Arthur :\Ii1itia. ceased), (by his sister) ThelwaU. Robert Ro.wke's Bo.y Mounted Troops. Rauien, William E... Anckland Rifles. Walker, John R. Wellingten Ranger•• &c. Ro.rper, Renry . . Wo.nganui Voluntec",- Walters, Willio.m Waiuku Volunteers. Resketh, Charles "1 Auckland Rifles. Wilson, Charles W. Militia. Rooker, Renry . . Taranaki Militia. Wilson, John W. H.i\f. 65th Rcgiment. Rowell, Rcnry Taranaki Voluut<.'Ors. ~----'----'- SCHEDULE II. LIST (W )i.WAr, AND MU,IT.IIW CLAl;l Acten, James (decuased), R.N£. 18th Regiment . Should have rotirCll priur to oml uf 1872; 2tiU.J, (by daughter) date of discharge, 1879 Adam, S. . Armcd Cons("bulo.r,· Service not within Act•.. 2 • Adams, William Armcd Consto.bular\· Service not providcd for ill ,let. Ado.mson, S. , Wangn.n.l1i Cavalry ~ Not fivo years' scrvice " . . . . ;} Ada.mson, Thomas : \VnngrLllui Volunteers Has not proved five yCM'H~ COltt.illll0lJK I~mci{·nt· Volunteer sorvico .Allan, James .. . 'frn.nspol't Corps C1aimo.nt did not appellor in sUJlJlort of claim Allen, Thomas 'rn.l'ann.ld Volllntct'1'5 Has already been awarded an "l1mmnc" under Volunteer Lallll Act, 186{) (""c Taranaki Gazette, 1872, page 114) Anderson, Andrew Victori,," Comp"ny . 01o.imo.nt did not o.ppcar in Rupport of 01"i1l1 2:373 Anderson, Duncan Auekland Militia , Service not provided for...... :ll Anderson, Robert I .. lIfiIitillo .. .. , No proof of suffioient continuous anti \YO sen'jer. 2441 Andorllon, Thorn ... Henry AncldandIRifle Volnl\to~r. I Has not proved fivo years' cOlltinll011s cflicil'nt. :14 service as 0. Volunteer Anduzo, CIw.rIes Rarney W"ikate :i'tIilit;', . . " I Did not complete conditions of enrolment .. Ashton, Edward Napier Militia llond No.pior Artillery Not five years' Volunteer service; no proof of continuous aetive Militin sernc" Atwoud, William , Marlborough Rallgers ., ! ServicoinMarlborongb, whore VolunteorLaml 2550 I , Aet w... not in force. No "ctive service