IOFFICIAl1" Wai 894 # A117
REPORT ON THE TENURE CHANGES AFFECTING WAIKAREMOANA "PURCHASE RESERVES" IN THE UREWERA INQUIRY
Craig Innes February 2003 TABLE OF CONTENTS
TABLE OF CONTENTS ...... 1 Table of Figures ...... 4 INTRODUCTION ...... 5 SCOPE OF THE REPORT ...... 6 METHODOLOGy ...... 8 BACKGROUND ...... 12 SECTION 1: WAIKAREMOANA BLOCK RESERVES ...... 18 SUMMARY TABLE: WAIKAREMOANA RESERVES ...... 18 OVERVIEW OF RESERVES IN WAIKAREMOANA BLOCK ...... 20 PROPOSED LEASES ...... 21 TIMBER CUTTING ...... 22 POST 1932 SQUATTERS AND PROPOSED LEASES ...... 25 1974 RESERVATIONS ...... 32 TABLES OF RESERVES IN THE WAIKAREMOANA BLOCK ...... 36 TABLE: TIMI TAIHOA ...... 36 TABLE: HOPURUAHINE WEST ...... 37 TABLE: HOPURUAHINE EAST ...... 38 TABLE: TE APITI ...... 39 TABLE: MOKAu ...... 40 TABLE: TAKANGA ...... 41 TABLE: TIKITIKI ...... 42 TABLE: TE PUNA ...... 43 TABLE: PATE KAHA ...... 44 TABLE: MARAU ...... 45 TABLE: WAIPAI ...... 46 TABLE: TE MAARA-A-TE-ATUA ...... 47 TABLE: TAUMATAUA ...... 48 TABLE: WHAKAARI ...... 49 SECTION 2: SOUTHERN UREWERA RESERVES ...... 50 CREATION OF THE TE KOPANI, HEIOTAHOKA, WHAREAMA AND NGAPUTAHIRESERVES .... 50 CONSOLIDATION ...... 51 NGAPUTAHI ...... 53 TABLE: NGAPUTAHI RESERVE ...... 55
1 WHAREAMA ...... 56 TABLE: WHAREAMA RESERVE ...... 57
HEIOTAHOKA...... 58 1921 PARTITIONS ...... 58
CONSOLIDATION ...... 60
HEIOTAHOKA 1 AND 2 PARTITION ...... 60
HEIOTAHOKA 1A AND 1 8 PARTITION ...... 61
HEIOTAHOKA 2A AND 28 PARTITION ...... 62
PUBLIC WORKS TAKINGS ...... 62
TABLE: HEIOTAHOKA RESERVE ...... 72
HEIOTAHOKA CURRENT MAORI LAND PARCELS ...... 73
HEIOTAHOKA ALI ENATED PARCELS ...... 74
SUMMARY TABLE: HEIOTAHOKA ...... 75
TE KOPANI ...... 76 TE KOPANI PARTITIONS ...... 79
CONSOLIDATION ...... 79
1925 PARTITIONS ...... 80
1940-1953 TE KOPANI 4 PARTITIONS ...... 83
1980-82 HOUSING PARTITIONS ...... 84
RESERVATIONS ...... 95
ROADWAyS ...... 96
ALIENATED PARCELS DERIVED FROM CLOSED ROADS ...... 99
SCHOOL...... 101
HYDRO SCHEME ...... 105
ALIENATED PARCELS: HOUSING ...... 106
EASEMENTS FOR WATER ...... 108
TABLE: TE KOPANI 8, 10, 25, 26 & 34 TRUST ...... 117 TABLE: TE KOPANI14, 15, 16, 17, 18 & 24 ...... 119
TABLE: TE KOPANI19, 20, 21 TRUST ...... 121
TABLE: TE KOPANI27, 28, 29 AND 30 TRUST ...... 122
TABLE: TE KOPANI31, 32, 33 & 35 TRUST ...... 123 TABLE: HEIOTAHOKA 28, TE KOPANI36 & TE KOPANI37 TRUST ...... 124
TE KOPANI: ALIENATED PARCELS ...... 125
SUMMARY TABLE:TE KOPANI SUMMARY OF PARTITIONS ...... 127
2 SECTION 3: RESERVES IN THE WAIROA INQUIRY ...... 129
WAIAU BLOCK ...... 129 WAIAU BLOCK RESERVES ...... 129
TUKURANGI BLOCK ...... 130 TUKURANGI BLOCK RESERVES ...... 130
RESERVE: MAKAHEA ...... 131
RESERVE: TARAPATIKI ...... 132
RESERVE: TE Kiwi ...... 133
RESERVE: PIKAUNGAEHE ...... 134
RESERVE: TE KAHOTEA ...... 135
KAHOTEA 1C2A (TWO PORTIONS) ...... 136
T ARAMARAMA BLOCK ...... 138 TARAMARAMA BLOCK RESERVES ...... 138
RESERVE: TE KOAREARE ...... 139
RESERVE: MANGAPAPA ...... 140
RESERVE: OHIWA (SEE ALSO PUKEWHINAU) ...... 141
RESERVE: PUKEWHINAU ...... 142
OHIWA & PUKEWHINAU AGGREGATION ORDER ...... 143 RESERVE: OTAMARIKI...... 144
RESERVE: WHAREPAPA ...... 145
RESERVE: TE RARA ...... 146
RUAKITURI BLOCK ...... 147 RUAKITURI BLOCK RESERVES ...... 147
RESERVE: TE RAUPO ...... 149
RESERVE: MATAKUHIA ...... 150
RESERVE: NGAIPU ...... 151
RESERVE: OKARE ...... 152
RESERVE: PARAUMU ...... 153
RESERVE: RIMUROA ...... 154
RIMUROA 1C & OTHER BLOCKS TRUST AGGREGATION ORDER ...... 155
RIMUROA: ALIENATED PARCELS ...... 158
RESERVE: TAPATANGATA ...... 159
TAPATANGATA No.1 AND 2 TRUST ...... 160
RESERVE: WHATAROA ...... 161
RESERVE: OREWHA ...... 163
3 RESERVE: WAIKATEA ...... 164
RESERVE: MAKAREAO ...... 165
RESERVE: TARAKE ...... 166
OPOITI LOT 1 ...... 167
OPOITI LOT 2 ...... 168
OPOITI LOT 3 ...... 169
OPOITI LOT 4 ...... 170
SECTION 4: SUMMARY TABLES ...... 171 UREWERA INQUIRY "PURCHASE RESERVES" ...... 171
WAIROA INQUIRY "PURCHASE RESERVES" ...... 172 Appendix A: Other Current Maori Land Parcels ...... 175 CURRENT MAORI LAND PARCELS WITHIN THE ORIGINAL TARAMARAMA BLOCK ...... 175
CURRENT MAORI LAND PARCELS WITHIN THE AREA OF THE ORIGINAL WAIPAOA BLOCK .. 176
TABLE OF FIGURES
Figure 1 : Map of Original Reserves in the Urewera and Wairoa inquiry districts ...... 15 Figure 2: Allocation of southern Waikaremoana Reserves (Wairoa inquiry) ...... 16 Figure 3: Allocation of northern Waikaremoana Reserves (Urewera inquiry} ...... 17 Figure 4: Current status of Reserves in the Urewera inquiry ...... 19 Figure 5: Current map of Heiotahoka Reserve ...... 59 Figure 6: Map ofTe Kopani Reserve (1930} ...... 77 Figure 7: Current Map of Te Kopani Reserve ...... 78 Figure 8: Map ofTe Kopani road extensions (1952} ...... 98 Figure 9: Topographical map of Te Kopani reserve ...... 104 Figure 10: Map of Maori land currently remaining south of Lake Waikaremoana ...... 174 Figure 11: Map of Waipaoa Block ...... 178
4 REPORT ON THE TENURE CHANGES AFFECTING WAIKAREMOANA "PURCHASE RESERVES" IN THE UREWERA INQUIRY
Introduction My name is Craig Innes and I have been commissioned by the Waitangi Tribunal to undertake research into the "purchase reserves" in the Waikaremoana area for the Urewera Inquiry.1
The commission This report is the result of two research contracts. The first provided tables for all of the identified "purchase reserves" within the six blocks around Lake Waikaremoana; Waikaremoana, Waiau, Tukurangi, Taramarama, Ruakituri and Waipaoa. The second contract was to provide narratives for the "purchase reserves" within the Urewera Inquiry. These included the "purchase reserves" within the Waikaremoana block, and the Ngaputahi, Whareama, Heiotahoka and Te Kopani blocks to the south of the lake. The main focus of this report is upon permanent alienations and tenure changes affecting the reserves such as, land sales, lands taken for public works, and the partitioning of the land. The present report does not seek to provide a complete analytical history of the reserves in question.
The report is structured in three parts. The first section looks at the "purchase reserves" created in the Waikaremoana block. This includes a short narrative discussion of some of the factors affecting the status of tenure of the reserves. This narrative discussion is then followed by the relevant data tables. Section two examines the "purchase reserves" within the other Waikaremoana blocks in the Urewera inquiry, namely, the three southern blocks Waiau, Tukurangi and Taramarama. It also includes data tables for these reserves. The third and final section comprises a series of data tables for those "purchase reserves" which lie within the boundaries of the three southern blocks of
1 Wai 894, Document 3.19; Wai 855, Document 3.12
5 Tukurangi, Taramarama and Ruakituri, but are outside of the Urewera inquiry (and therefore to be investigated in the Wairoa Inquiry). An appendix is also included for comparative purposes. It provides data on current Maori land parcels within the Waikaremoana area that have not been ultimately derived from "purchase reserves".
The wider history of the reserves is outlined in two Waikaremoana overview reports by Cathy Marr and Tony Walzl. Anyone who wishes to see the background to the establishment of the blocks described in this report should refer to Cathy Marr, 'Crown impacts on customary interests in land in the Waikaremoana region in the nineteenth and early twentieth centuries', (Wai 894, #A52). Similarly, those interested in the issues of land use in the area should consult Tony Walzl, 'Waikaremoana: Tourism, Conservation and Hydro-electricity (1870-1970), (Wai 894, #A73).
Scope of the report As much as possible the land blocks in question have been examined from their inception as an identifiable parcel of land. However because of the drawn out nature of some of the purchases, most especially the four southern blocks, a starting point for the research into the reserves had to be selected. For the blocks of land within the Wairoa Inquiry this has been the issue of a certificate of title. For the four southern Urewera reserves, Whareama, Ngaputahi, Te Kopani (Kokako) and Hei-o-tahoka the starting point has been the orders conferring title in 1889, although the gazette notices proclaiming these areas as reserved in 1885 has also been noted. The "purchase reserves" within the Waikaremoana block have been examined from the orders conferring title issued in 1925.
Inquiry boundaries This report focuses on the reserves within the Urewera inquiry. The Waikaremoana lands which fall within the Urewera Inquiry include: the Waikaremoana block, the Waipaoa block and the four blocks south of Lake Waikaremoana (Waiau, Tukurangi, Taramarama and Ruakituri blocks). The Urewera Tribunal has defined the inquiry boundary as follows:
The Waiau, Tukurangi, Taramarama and Ruakituri blocks will be included in this inquiry in relation to the actions of the Crown down to and including the Native
6 Land Court sitting and subsequent conveyances of these blocks to the Crown in 1875 And The Tuhoe reserves, namely Heiotahoka, Ngaputahi, Te Kopani, and Whareama are the subject of this inquiry, irrespective of date of alleged breaches;2
2 Wai 894, Doc232. Memorandum and Directions. p.9.
7 Methodology
Sources Due to the limited time available, the majority of the information in the block narratives and the data tables has been drawn from Maori Land Court records (including MUS), New Zealand Gazettes, Appendices to the Journals, House of Representatives and Land Information New Zealand (UNZ).
Data Tables Throughout this report a number of data tables are used to represent information illustrating the changes in tenure affecting the various reserves. Because the history of the numerous blocks have been very different, the tables have had to be modified in many cases. Each table must therefore be seen as a table in its own right, although some effort has been made to make sure that the tables can be used for comparative purposes. The following is a brief outline of how the tables are structured and what information they cover.
Reserve Indicates the name of the reserve with preference given to names that appear to have the most correct spelling. Where the names used by either the Maori Land Court or Land Information New Zealand differ, the name used by the Maori Land Court has generally been used in preference to that used by Land Information New Zealand.
Original block The name of the original area of purchase. These are the Waiau, Tukurangi, Taramarama and Ruakituri blocks to the south of Lake Waikaremoana as well as the Waikaremoana block on the northern shore of the lake.
Original size of the reserve. The original size of the reserves is based either upon early survey plans or upon the certificate of title with a preference for the area given on the original certificate of title where this is possible. Areas are given in Hectares usually to two decimal places.
8 Sometimes four decimal places has been used where the parcel is very small (such as an urupa)
Current area of remaining Maori Land This is either the size of the remaining Maori land parcel or the sum of the area of all the remaining Maori land parcels identified within the area of the old reserve. This information has been derived from either the Maori Land Information System (MUS) or the 1997 Terralink system.
Percentage of Maori land remaining This field is included for information purposes only. Where the figures for the original size of the reserve and the current size differ but no alienated portions are evident the figure has been expressed as 100%. Percentages are expressed to the nearest whole number. The exception is where the figure is less than one percent and has been expressed as an integer.
Current status The "Current status" field indicates whether the land is Maori Freehold, leased, reserved or if the land is no longer Maori land.
Parcels currently Maori owned All current Maori larid parcels are identified. These have been identified using Te Puni Kokiri's Maori Land Information Base,3 the Maori Land Court's Maori Land Information System (MUS), the Landonline system or the Terralink Cadastral Database. All of the identified current Maori land parcels have been listed as individual tables after each reserve table.
The often complicated relationship between the remaining Maori land and the many management structures that manage the land has also been shown with tables. Where a land parcel appears to have no management structure a single land parcel table is given. Where a single land parcel is associated with a single management structure the management table is incorporated with the current Maori land parcel table. Where
3 (MUS: http://www.tpk.govt.nzlbusiness/mlidb/default.htm)
9 multiple land parcels are managed by a single management structure (such as a trust) they are listed together under a heading naming that management structure and under a management structure table. Parcels subject to aggregation orders are also listed under the appropriate management structure table.
Alienated parcels Land is listed as alienated if it appears to be outside of the Maori Land system. If the land is leased this will be indicated in the "Current Status" field. Where possible apparently alienated parcels have been checked on the MUS to make sure that they are not Maori land.
Obviously land within the general land system may be owned by a Maori owner. Sometimes this may be indicated by the owner's surname etc. Unfortunately there is no way of consistently incorporating this information. However where there is a clear reason to draw attention to a Maori link to land which is outside of the Maori Land system this will be noted where possible. An example is Te Kopani 7 which is outside of the Maori Land court system but is described as "Maori housing" and is owned by the Waikaremoana Maori Committee.
This category of alienated parcels has been used mainly to indicate where land has been removed from the original reserve. In the case of Te Raupo for instance several portions of land were removed before the final remaining land was made a scenic reserve. In many cases, especially where the land was incorporated into much larger blocks of land and subsequently subdivided it has not been useful to indicate the current land parcels.
Roads created in this area were usually made under a road warrant (for the early roads) or under a gazette notice. Many of the roads were already marked out (at least on paper) when the original survey was made. These roads have not been included as alienated parcels. Roads which have been formed after the establishment of title are listed as alienated parcels. Unfortunately many of the proclamation numbers (PCs) have not been entered into Landonline. Some of these proclamation numbers will require a manual search to identify the Gazette notice.
10 An alienated parcels table has been listed after the current parcels tables for T e Kopani and Rimuroa.
Document Bank A document bank is included with this report. It includes copies of all relevant survey plans, gazette notices and certificates of title for the reserves.
11 Background
Reserves in the Urewera inquiry The Whareama, Ngaputahi, Te Kopani (Kokako) and Hei-o-Tahoka reserves were reserved ten years after the Crown purchase of the larger blocks upon which these blocks were situated. The land upon which they were established was for a time at least general land.
Most of the remaining Maori land left within the Urewera Inquiry was land set aside when the surrounding land was sold or otherwise acquired by the Crown. This is true even for the four southern "Urewera Reserves" for although these blocks were set out some time after the surrounding land was sold, the promise to reserve the lands can be found on the Crown Purchase Deed.4 The exceptions to this are the current Maori land blocks within the Waipaoa area.
The current Waipaoa blocks Waipaoa 5A2 and Waipaoa 5C and the Waipaoa 5 block from which both blocks were ultimately derived were not "purchase reserves" and so have not been examined in detail in this report. However both Waipaoa 5A2 and Waipaoa 5C along with the small Erepeti Rahui block and the small Maori land block, Sec 2R Blk VII Tuahu SD are included in a "Other Current Maori Land Parcels" appendix to this report. The two small sections in Tuai, to the north of Te Kopani, which became Maori land in 1996 are also included in this appendix.
Reserves in the Wairoa Inquiry In the case of the Wairoa area, it appears that the bulk of the remaining Maori land is derived from lands that were originally reserved at, or around the time of purchase. The exceptions to this are the Opoiti blocks, which were exchanged for "purchase reserves" reserved at, or around the time of the sale of the surrounding blocks.
Tables have been created for all of the "purchase reserves" which were created within the area of the Wairoa Inquiry. A table has also been created for the Makahea
4 Waiau, Tukurangi, Taramarama and Ruakituri Crown Purchase Deed, 12 November 1875, Auckland 841A. LlNZ National Office, Wellington.
12 (Makahia) block, which was not a "purchase reserve" but has been included for the sake of clarity because it shares a name with a much larger reserve which was mentioned in the Crown Purchase Deed.5
The history of the initial establishment of the "purchase reserves" within the Wairoa Inquiry is somewhat unclear. A note on the purchase deed indicates that these lands were dealt with under Section 5 of the Volunteers and Others Land Act 1877. The reference to the Volunteers and Others Lands Act 1877 can also be found on the certificates of title which were issued for the "purchase reserves" in the four southern blocks. Section 5 of the Volunteers and Others Lands Act 1877 stated:
5. With respect to any lands acquired under the provisions of the "Immigration and Public Works Act, 1870," and any Act amending the same, out of moneys available for the purchase of lands in the North Island, or any estate or interest therein, it shall be lawful for the Governor to give effect to any stipulation made in any instrument of sale or transfer to Her Majesty of any such land by Natives, for the reservation, sale, or grant to them of any portions of such land, and for that purpose to reserve or to grant such portions accordingly in manner required by the aforesaid Natives.6
This section certainly would seem to imply, given that the authority lay with the Governor, that any lands declared under this section of the Act would have been published in the New Zealand Gazette. A search of the New Zealand Gazettes, however, did not provide any Gazette notice for the declaration of the lands within the four purchased blocks as reserves under the Volunteers and Others Lands Act 1877. 7
A comparison The histories of the respective lands are very different. Almost all of the post 1875 Wairoa inquiry Maori lands were issued with certificates of title in 1882. The exceptions to this were the Opoiti blocks that were exchanged for lands with certificates of title issued at this time. The one other exception is the Makahia (Makahea) block, which was issued a certificate of title in 1888.
5 Tukurangi Crown Purchase Deed, 17 November 1875, Auckland 8388. LlNZ, National Office, Wellington.
6 "An Act to extend the time for the exercise of Volunteer Scrip, and for other purposes connected with certain past transactions relating to Lands of the Crown." Section 5. New Zealand Statutes 1877.
7 The indexes to the New Zealand Gazette s were searched. A page by page search of 1881-1882 also did not reveal a notice.
13 By contrast, excepting the lands within the Waipaoa Block, very few of the Urewera Inquiry reserves were issued with certificates of title. Instead, most of these blocks were issued a title by the Native Land Court. While some of the Urewera inquiry lands outside of the area of the original Waipaoa now have Provisional Register (PR) references or in some cases certificates of title, these have almost in every case been issued relatively recently. The sole apparent exception to this within the Waikaremoana, or the four southern blocks appears to be the Ngaputahi reserve which was entered on to the Provisional Register in 1920, some years before it was acquired by the Crown in 1925.
In comparison with the Wairoa Inquiry lands, and again with the exception of the Waipaoa Block, it appears that leasing arrangements and private sales of land within the Urewera inquiry has been relatively uncommon. It should however be remembered that the Urewera lands on the Northern Shore of Lake Waikaremoana were subject to an order preventing alienation quite soon after their creation. Although these lands at least initially (prior to the partition of the other blocks such as Te Kopani) numerically made up a large proportion of the total number of Urewera Inquiry Maori land blocks they were relatively small blocks of land and made up a relatively small proportion of the total area.
Leases and permanent alienation Leases fall within the broader definition of alienation, but unfortunately time constraints prevented a comprehensive examination of leasing arrangements. Leases are only examined where a lease or proposed lease seems to have been the reason for a change in the title, for instance if a proposed lease was the reason for the partition of a block. However, the report notes for comparative purposes all current Maori land parcels in the area which have been identified as leased. This information is displayed in the summary tables near the end of this report. Unfortunately not all lease agreements are reported to the Maori Land Court, so these figures should be viewed with some caution.s
8 Personal communication, Godfrey Pohatu, Maori Land Court, Gisborne.
14 Ruatahuna ... Maungapohafu "* Urewera nquiry district ---- e \.,,,- ..... wEB, B,ol1g '-, s , ,I Waipaoa "..~ I ' 01 ..... ,. - -- I - '" \ ..". '\ ?J:<.OB Rive,' \ ~OJ ,-<:' I .. , -, '--- .... " , , ,, , , ,.. ' ......
a Inquiry district
KEY: _ Wairoa Inquiry Reserves Urewera inquiry , ....--..- district boundary .. Kahotea E&W 9 Orewha 17 Te Rara .. , 10 20km 2* Makahea 10 Otamariki 18 Te Raupo 12miles ,- .... -, Wairca inquiry 3 Makareo 11 Paraumu 19 Te Kiwi \ district boundary 4 Mangapapa 12 Pukewhinau 20 Te Koareare , Southern Urewera reserves 5 Matakuhia 13 Rimuroa 21 Pikaungaehe 6 Ngaipu 14 Tapatangata 22 Waikatea A Heiotahoka 7 Okare 15 Tarake 23 Wharepapa B Ngaputahi 8 Ohiwa 16 Tarapatiki 24 Whataroa C Te Kopani Haw k e Bay D Whareama • Not a purchase reserve
Figure 1 Location of original reserves in relation to Waitangi Tribunal inquiry districts Graphical Representation Only WT noel harris: sep 2002 ·~ a,1l wffi, . a,1 Y. Il \ S \ Paraumu • ~waikatea 1III0rewha <0 ~ ~ ~ '$." Frasertown Mohaka River 19 2pkm 12miles Haw k e Bay Figure 2 Original allocation of Southern Waikaremoana reserves (reserves to be investigated in the Wairoa inquiry) Graphical Representation Only WT noel harris: sep 2002 E".::=:J 1885 ,, _ 1925 Present day SH.38 wEB, s . ~ ... ~ .. " '/ Original site of Timitaihoa ., "- .... . L Whakamarino ~N"P"'h; Waihi RiVer ~==~=r=====,======~=====r~====~==~~1p.km Mangapapa 6miles Figure 3 Original allocation of reserves to be investigated in the Urewera inquiry SECTION 1: WAIKAREMOANA BLOCK RESERVES Summary Table: Waikaremoana reserves9 Reserve Name Original Current Area Area Area Year Size Size Leased Freehold Reserved Alienated Timi Taihoa 3.51 3.51 0 3.51 0 n.a. Hopuruahine 30.17 30.15 0 0 30.15 n.a. West Hopuruahine East 36.98 36.95 0 0 36.95 n.a. TeApiti 5.76 5.75 0 0 5.75 n.a. Mokau 11.54 11.53 0 0 11.53 n.a. Takanga 6.28 6.27 0 0 6.27 n.a. Tikitiki 12.15 12.14 0 0 12.14 n.a. Te Puna 79.38 79.32 0 0 79.32 n.a. Pate Kaha 7.90 7.89 0 0 7.89 n.a. Marau 7.05 7.04 0 0 7.04 n.a. Waipai 4.13 4.13 0 0 4.13 n.a. Te Maara ate 20.09 20.07 0 0 20.07 n.a. Atua Taumataua 12.14 12.14 0 0 12.14 n.a. Whakaari 8.01 8.01 0 0 8.01 n.a. Totals 1245.09 244.90 0 3.51 241.39 Percentage of Original 100% 0 1% 98% 9 See NZ Gazette, 1927, page 2121 for Waikaremoana Block. 18 wEB's L. Waikareiti * Lake level altered by hydro development L. Whakamarino see Fig 7 \)~mM; Waihi RiVer ~==~=r~==~==~==~===±~====~?===~~1,okm 6miles Figure 4 Current status of Waikaremoana reserves in Urewera inquiry OVERVIEW OF RESERVES IN WAIKAREMOANA BLOCK The reserves on the northern shore of Lake Waikaremoana were set aside from the Waikaremoana Block by the Consolidation Commission in 1925. Each of these blocks were issued with a title by the Consolidation Commission at this time. Generally speaking, there has been very little title activity with the reserves created within the Waikaremoana block, on the northern shore of Lake Waikaremoana. Not one of these Maori Land blocks appears to have been partitioned. None of the blocks have either been alienated in their entirety, or, lost land to public works or for any other purpose. The main changes to the title or tenure of these reserves include successions to ownership, the declaration of the lands as inalienable and the declaration of the majority of the blocks as Maori reservations in 1974. The following discussion covers a range of specific issues that arose in relation to the reserve blocks. It addresses each of these issues in turn, following a roughly chronological sequence. Some of these issues, such as timber cutting, are discussed in much more detail in Tony Walzl's Waikaremoana twentieth century report. 1O However, because of the broad interpretation of the restrictions upon alienation of the blocks which was evidently used by the Native Department (and subsequently much later by the Maori Land Court), it appears to be an issue which may be considered to impact upon title and therefore is included in this report. Another issue too large to be canvassed here is the attempted inclusion of the reserves as part of the Crown purchase of lands for the Urewera National Park in 1961. Cabinet initially decided to acquire not only the lake bed of Waikaremoana, but also the surrounding reserves to add to the surrounding National Park.11 A proportion (£2000) of 10 Tony Walzl, 'Waikaremoana, Tourism, Conservation and Hydro-electricity (1870-1970)" Waitangi Tribunal commissioned report, 2002 11 Board of Maori Affairs, Proposed Acquisition of Maori Land by the Crown, 7 April 1966, Waikaremoana Correspondence File 8/3/484 20 the total (£25,000) offer was specifically for the reserves and islands. This offer was however rejected by the owners and the reservations were subsequently largely left out of the later negotiations.12 There is also an issue regarding the level of Lake Waikaremoana and how the readings of the Lake levels affected the boundaries of the reserves. Again Walzl covers this in his report, however the question of defining the boundaries of the reserves in relation to the lake edge is briefly noted: ... -there is a measure of doubt and dissatisfaction as to the "Maori Reservations" around the edge of the Lake. In no small part this has been occasioned by the assumption by the Surveyor-General of some authority in the instant case to fix boundaries of the Lake at "X" feet above sea level. To do so may be convenient and easy but its propriety is questioned by a section of the Maori people, and in particular those claiming an interest in the "Maori reservations" some of which have been stripped of direct access to Lake waters - it being contended that the water's edge was and is the definition of boundary.13 The changing level of the lake for instance appears to have changed Pate Kaha from an island to a peninsular. Proposed Leases In 1929 Wiremu Matamua asked Judge Carr for a list of the owners of Hopuruahine East. The owners wanted the list so that they could organise a "committee to control the Reserve ... ,,14 One of the owners instructed a Solicitor to arrange the payment of ground rents where the shop and the Public Works cottages were. The shop rents have been paid and the owner of the shop now wants to lease the piece of at his store. The lease has not been completed. That is why they want the list of names of the Reserve.for the better control of the Reserve and the appointment of members to handle the money and discussing ways for expending the money. 12 ibid. 13 Judge Gillanders Scott to The Registrar, Maori Land Court Gisborne. 2 May 1973, Waikaremoana Correspondence File, 8/3/484 14 Wiremu Matamua to Judge Harold Carr, 2 August 1929. Waikaremoana Reserves Correspondence File 8/3/560 21 Later that same year, a solicitor contacted the Registrar of the Tairawhiti District Land Board, requesting information on one of the reserves. He asked whether one of owners of Hopuruahine East might be able to lease part of the reserve. 15 The Registrar replied, however, that 'the board considers that meantime at any rate no alienation whatever of Waikaremoana Reserves is in the interests of the owners'.16 Soon after the Board's reply an Order in Council prohibiting any alienation of the fourteen blocks of Maori land on the northern shore of Lake Waikaremoana was published in the New Zealand Gazette. 17 The prohibition stood for a period of one year. This prohibition was then extended by an Order in Council for another six months in November 1930.18 The prohibition was again extended by a further eighteen months in May 1931. 19 The lands were finally all declared permanently inalienable by an Order in Council in December 1932.20 The Order in Council was made under Section 95 of the Native Purposes Act 1931.21 Timber Cutting On 5 July 1934, the Under Secretary of the Native Department wrote to Judge Carr in Gisborne about reports of Wharetotara Amai cutting timber on the Hopuruahine block. The letter noted: As this is one of the blocks referred to in Section 95 of the Native Purposes Act 1931 and affected by the Order-in-Council issued under that Section on the 15th of December 1932 (Gazette 22.12.1932) (Hopuruahine West and Hopuruahine East) it is suggested that the 15 G.Robinson, Solicitor to The Registrar Tairawhiti District Maori Land Board. 25 October 1929. Waikaremoana Reserves Correspondence File 8/3/560 16 Registrar to G. Robinson Esq, Solicitor, 29 November 1929, Waikaremoana Reserves Correspondence File 8/3/560 17 New Zealand Gazette 1929 p. 3219. 18 New Zealand Gazette 1930 p. 3622 19 New Zealand Gazette 1931 p. 1694 20 New Zealand Gazette 1932 p. 2783 further research into recommendation of purchase board possible 21 A copy of the relevant Section of this Act is attached to the Gazette Notice in the Supporting Documents. 22 Court or Board take steps immediately to have the position investigated, and if necessary, an injunction issued to prevent waste. 22 In a note on a further letter from the Under Secretary of the Native Department asking what actions had been taken since his letter of 5 July, William Pitt suggested that he would visit the area to check on the matter. However Pitt was advised that it was not necessary to make a special trip at that time. 23 William Pitt did not report on the issue until 22 September 1934. In his memorandum to the Acting Registrar Native Land Court Gisborne, Mr Pitt reported that both he and Mr A.T. Carroll visited Hopuruahine and met with Wharetotara Amai: 'From what we could gather, this young man is up against it and in order to obtain sustenance for himself, wife and child, he embarked on this scheme.' Pitt was impressed with Wharetotara Amai and finished his memorandum: Wharetotara Amai is a young man who is deserving of encouragement and sympathetic consideration. It [If] it is at all possible to grant him cutting rights, I have no hesitation in recommending that same be granted. At the same time I strongly recommend his name be forwarded to the proper quarter for consideration in selecting men for units in the Ruatoki Development Scheme.24 Several notes written on the reply to the Under Secretary of the Native Department appear to indicate that there was confusion within the Native Land Court Office about the legal basis for the restrictions upon timber cutting. 25 Evidently the Native Land Court in Gisborne had no record of any Order in Council specifically preventing the use of timber on the Waikaremoana Maori blocks, and were somewhat confused as to. how the 1932 Order in Council prohibiting alienation might be interpreted as a restriction upon the felling of timber. 22 Under Secretary Native Department to Judge Carr, Gisborne. 5 July 1934, Waikaremoana Reserves Correspondence File, 8/3/560 23 Notes on letter, Under Secretary Native Department to Judge Carr Gisborne, 10 August 1934, Waikaremoana Reserves Correspondence File, 8/3/560 24 Memorandum, William Pitt to the Acting Registrar, Native Land Court, Gisborne. 22 September 1934, Waikaremoana Reserves Correspondence File, 8/3/560 25 Notes on Judge Carr, Memorandum to the Under Secretary Native Department, 22 September 1934, , Waikaremoana Reserves Correspondence File, 8/3/560 23 In a letter of the same date as Pitt's memorandum, Judge Carr replied to the Under Secretary of the Native Department: It would appear that Wharetotara Amai is an interested party by virtue of being a probable successor to his uncle Ihakara Hohaia or Te Ahikaiata deceased and is therefore entitled to make use of a proportion of any timber growing on this land. In view of the tenor of Mr. Pitt's report I do not think it a matter for any interference by the Court.26 Although both Mr Pitt and Judge Carr appeared to be sympathetic with the owners of the blocks using the timber on Jhese lands it appears that the timber felling was stopped. More than fifteen years later the matter was revisited when a lawyer acting on behalf of Mr Robert Amai wrote to the Registrar of the Waiariki Maori Land Board (the letter was forwarded to the Registrar in Gisborne). Re Hopuruahine West Block We were today instructed on behalf of Mr. Robert Amai of Ngatapa, Gisborne, to write to you in connection with the above block situated on Lake Waikaremoana. Mr Amai states that he is one of the successors to one, Hanui Hohia who has a substantial interest in the Block. Mr Amai desires to obtain the consent of the owners to mill certain timber on this Block but he asks us to ascertain from your Board whether there is any restriction so far as this particular Block is concerned on the milling of timber. He informs us that in 1936 certain owners in the Block had felled timber trees thereon but were later stopped on the instructions of the late William Pitt of Tairawhiti District Maori Land Board, who stated that the Maori Land Board objected to the removal of the trees as it would affect the scenic beauty of the Lake. It did not appear to us that there was any legal restriction on the owners but we shall be obliged if you will confirm this, so that our clients may proceed with their intended timber felling.27 The Registrar replied: 26 Judge Carr Memorandum to the Under Secretary Native Department 22 September 1934, Waikaremoana Reserves Correspondence File, 8/3/560 27 Woodward, lies and Furness, Barristers and Solicitors, 11 July 1951, Waikaremoana Reserves Correspondence File, 8/31560 24 In reply to your letter of the 11 th July last, it has been ascertained that the above Block is subject to an Order in Council published in New Zealand Gazette dated 22/12/1932 whereby all alienations by the owners were prohibited other than in favour of the Crown. As the cutting of timber would appear to interfere with the rights of the Crown therein it would appear prima facie that any such cutting is also prohibited. I would point out that even where no restriction exists the cutting and selling of timber by one or more Maori owners who have only undivided shares in Maori land is unlawful unless the consents of all owners are obtained (vide Sections 533 Maori Land Act, 1931 and Section 6 Maori Purposes Act, 1943). However it is suggested that additional information as to the timber may be obtained from the Lands & Survey and Forestry Departments.28 Post 1932 Squatters and Proposed Leases In August 1935, the Acting Under Secretary of the Native Department wrote to the Registrar in Gisborne, reporting that the Store Audit Inspector had raised concerns about buildings erected by 'squatters' on Maori land on the shores of Waikaremoana. The Under Secretary quotes directly from the Store Audit Inspector's report: 29 It is undoubtedly the intention that the beautiful bush around the Lake Shores, be preserved as a Scenic Reserve and also as a conservation area for the water so vital to the continued success of the Waikaremoana Power Schemes. If the "shacks," a few of which have already been erected are to be permitted to remain then formal leases with rental clauses should be insisted upon. It is understood that buildings have also been erected on Native Land prohibited from being alienated (see Gazette No. 78 of 22.12.32) and the rights of the owners to occupation should be investigated." I shall be glad if you will ask the Judge whether or not the he can suggest any steps to prevent the squatting of Europeans on the Native Reserves around the lake ... Judge Carr replied, through the Registrar: That it must not be forgotten that when the Crown's interests in the Urewera country were being consolidated the Crown had not purchased a single share in the Waikaremoana Block of 73,000 acres or so. 28 V. Volst, Registrar to Messrs. Woodward & lies, Barristers and Solicitors, 8 August 1951, Waikaremoana Reserves Correspondence File, 8/3/560 29 Acting Under Secretary Native Department to the Registrar Gisborne, 10 August 1935, Waikaremoana Reserves Correspondence File, 8/3/560 25 That to meet the wishes of the Crown in the matter of water-shed conservation the natives voluntarily relinquished this huge area to the Crown -some taking Crown interests elsewhere and others taking debentures - conditionally on reserves being created for those who desired, for sentimental reasons, to retain a small interest in this tract of country given over to the Crown. That the several reserves are Native freehold land and are situated on the lake shore. If they were wholely covered (which they are not) with bush it would not make a particle of difference to or lesson the water-shed usefulness or adversely affect the lake level. That if there is any timber growing on these reserves the owners are entitled to the full benefit therefrom. If the owners can get any fees from squatters (hic) then again they are entitled thereto. The Waikaremoana natives are in distressingly poor circumstances and they should not be harassed in the ownership of their birth-right. In conclusion I would emphasize or stress this aspect of the matter - that irritating restrictions will not render any easier the settlement that must shortly take place as to the claims of the owners to the bed of the Lake. We have gone far enough in prohibiting alienations and the matter should there rest. 3D Nearly two years later the matter of alleged squatters was again raised, this time by the Department of Industries and Commerce, Tourist and Publicity. The General Manager, L.J. Schmitt noted that in spite of the restrictions on alienation over the blocks, several people had semi-permanent camps sited on the reserves. These included: Mr.G.C. Ormond of Wairoa; Dr. G. Hallwright of Marine Parade, Wairoa; Mr Chamberlain, a Solicitor in Wairoa; and Mr T.W.G. Tombleson of Nuhuka. Mr Schmitt questioned whether the listed people had any right to "erect semi-permanent camps" on the Maori owned land given the Order in Council prohibiting alienation.31 In reply, the Registrar asked for a copy of the plan showing the location of the camps so that he could identify which blocks were being occupied.32 The Registrar then added: "It seems probable that the campers mentioned are occupying their sites on suffrance with the consent of the Native owners." 30 Judge H. Carr Memorandum for the Registrar (in reply to the Under Secretary Native Department), 21 August 1935, Waikaremoana Reserves Correspondence File, 8/3/560. 31 General Manager, Mr L.J. Schmitt to the Under-Secretary Native Department Wellington, 22 March 1937, Waikaremoana Reserves Correspondence File, 8/3/560. 32 Registrar, Gisborne to the Under Secretary Native Department, 21 April 1937, Waikaremoana Reserves Correspondence File, 8/3/560 26 After the plan was provided, the Registrar informed the Under Secretary of the identity and location of two of the occupiers: 27 (1) Mr. G.C. Ormond occupies Marau Reserve presumably because the late Mrs. Ormond was an owner. 33 (2) Dr. Hallwright occupies Timi Taihoa Reserve by permission of the next of kin of the late Sir James Carroll, in the title vested. (3) Messrs. Chamberlain and Tombleson have been written to requesting them to furnish the information sought by the Tourist Department.34 With still no reply from the latter two occupiers, the Under Secretary asked the Registrar 35 to instruct the Supervisor to enquire into the matter. The Registrar then asked the Supervisor of the Native Department in Wairoa to find out about the occupation of Maori land by Mr. Chamberlain and Mr. Tombleson.36 By December there was still no reply 3 from the two individuals. ? He again wrote to the Supervisor of the Native Department in Wairoa,38 who, replied that: Mr. C.V. Chamberlain camps in an old store on the site next to the Public Works Employees camp. He informs me that he camps there by agreement with the Natives. Mr. T.W.G. Tombleson advises that he did receive a letter from the Department but as it was unsigned he did not reply. He will be communicating direct to the Registrar setting forth his case.39 In July 1951, the Manager of the Lake House contacted the General Manager of the Department of Tourist and Health Resorts: 33 According to Erueti Mei, Mr C. Ormond had, on account of his friendship with Mahaki Tapiki, been given a share of the land to allow him to build a hut in the area. In exchange Mahaki Tapiki was given an acre section at Wairoa. (Wairoa MB 75/176) 34 Registrar, Gisborne to the Under Secretary Native Department, 19 May 1937, Waikaremoana Reserves Correspondence File, 8/3/560 35 Under Secretary Native Department to Registrar Native Land Court Gisborne, 4 August 1937, Waikaremoana Reserves Correspondence File, 8/3/560 36 Registrar, Native Land Court, Gisborne to The Supervisor, Native Department Wairoa, 10 August 1937, Waikaremoana Reserves Correspondence File, 8/3/560 37 Registrar, Gisborne to the Under Secretary Native Department, 7 December 1937, Waikaremoana Reserves Correspondence File, 8/3/560 38 Registrar, Gisborne to the Supervisor Native Department, Wairoa 7 December 1937, Waikaremoana Reserves Correspondence File, 8/3/560 39 Supervisor Native Department, Wairoa to the Registrar Native Land Court Gisborne, 9 December 1937, Waikaremoana Reserves Correspondence File, 8/3/560 28 I have heard that a group of Maoris who own a block of land at Te Puna (at the bottom end of the lake) have leased a section of this block to a Mr Twiss of Tuai, who intends to build a dwelling on this section. I presume that this is contrary to Departmental policy, and, I understand, that to prevent such an occurrence, a law was passed to prevent the Maoris leasing, giving or selling their blocks of land around the lake to anyone except the Crown. 40 The manager's concerns were passed on to the Under Secretary of Maori Affairs, who in turn sent a copy to the Registrar in Gisborne. The Under Secretary added: If the land concerned is part of the Te Puna Reserve, which seems likely, any negotiation by a private person for alienation is an offence under s. 444 of the Maori Land Act, 1931, since Te Puna is covered by an Order-in-Council under s.95 of the Maori Purposes Act, 1931, ... 41 The Registrar wrote to Mr. Twiss informing him that that 'the Maori owners have no lawful authority to sell, lease or confer any other occupation rights to or on any person'. And any alienation or negotiation by a private person was void and considered an offence under Sections 443 and 444 of the Maori Land Act, 1931. The Registrar added the warning: ' ... any continuation of such negotiations after receipt of this advise may render you liable to a severe penalty.,42 Ten years later there was another attempt to lease one of the blocks. This applicant, acting through his lawyers was quite persistant and correspondence on the matter stretched out for nearly a year. Barristers and Solicitors, Lusk, Willis and Tuohy contacted the Maori Trustee in Gisborne, asking that the Trustee use his powers to allow the sale of Maori land at Whakaari.43 40 Manager, Lake House Waikaremoana to the General Manager, 11 July 1951, Waikaremoana Reserves Correspondence File, 8/3/560 41 Under Secretary to Registrar, 31 July 1951, Waikaremoana Reserves Correspondence File, 8/3/560 42 Registrar to Mr. Twiss, 8 August 1951, Waikaremoana Reserves Correspondence File, 8/3/560. 43 Lusk, Willis and Tuohy, Barristers and Solicitors to The Maori Trustee, Gisborne, 16 May 1961, Waikaremoana Reserves Correspondence File, 8/3/560 29 We understand that it is of very little economic value, being rough country in second growth with no bush of any kind. Our client would like to acquire it for the purpose of building himself a fishing lodge on the Lake and he is prepared to pay any reasonable figure for the block. The request was denied. The writers were informed that 'as by Order in Council, published in the N.Z. Gazette No. 78 of 22.12.1932, all alienations of the above land are prohibited, then the Maori Trustee is unable to consider your suggestion of a sale or lease,.44 The lawyers challenged this view based on the understanding that the reserves were now subject to the provisions of the Maori Reserve Land Act, 1955. They argued that the provisions of the 1955 Act repealed and modified the provisions of the earlier Act under which the Order in Council was made. The firm therefore believed that the Trustee had the power under Section 9 of the Reserved Land Act 1955 to allow the sale or lease of Whakaari. 45 A Mr. S.S. Hardman replied on behalf of the District Officer: ... 1 have to advise you that some investigations have been made concerning the above block but without very extensive research work it would be impossible to give a decision as to whether or not the above land comes within the provisions of the Maori Reserved Land Act 1955. However that question is not the determining factor as to whether your Client will be able to obtain some kind of tenure. The problem which will have to be resolved before this can be done is the revocation of the Order in Council ... This Order in Council was issued in terms of authority contained in Section 95 of the Maori Purposes Act, 1931, the head note of which specifically refers to the "prohibition of an alienation of native land bordering on Lake Waikaremoana". Contrary to your 44 F.E. Quayle for District Officer to Messrs. Lusk, Willis and Tuohy. 19 May 1961, Waikaremoana Reserves Correspondence File, 8/3/560 45 Lusk, Willis and Tuohy, Barristers and Solicitors to the Maori Trustee, Gisborne, 5 July 1961, Waikaremoana Reserves Correspondence File, 8/3/560 30 contention this legislation has not been repealed and even if it had been it is considered that this of itself would not revoke the Order in Council.46 This response led the lawyers to contact the Minister of Maori Affairs outlining their previous correspondence with the Trustee and asking for the revocation of the Order in Council prohibiting alienation, pointing to provisions within the Maori Reserved Land Act which allowed the Maori Trustee to sell or lease unproductive Maori land. 47 The Minister replied that the Order in Council prohibiting alienations was still in effect, and that the land in question was not subject to the Maori Reserved Land Act 1955. The Minister went on to state that the Crown was "engaged in negotiations with the Maori owners for the sale and purchase of all the Maori reserves around Lake Waikaremoana.,,48 There was a final request sent to Hardman, through the Maori Affairs Department, asking if he knew of any other blocks of land in the area which might be available and not subject to restrictions on alienation, suggesting that either Mokau, Te Apiti or Taumataua would be ideal. 49 Hardman firmly pointed out that their client, Mr Lean, was "doomed to disapointment in his endeavour to find a piece of Maori land available for a fishing lodge on the Lake side" as all of the Maori land in the area were subject to the same restrictions. He suggested instead that the firm try to lease some land from the Crown.50 Seven years later, in 1969, the issue of possible alienation of part of the Waikaremoana blocks was again raised. In August 1969 Mr W. Wahanui asked the Registrar of the Maori Affairs Department in Gisborne for information on the Hopuruahine West block: 'We are having a meeting later if we can give the Wairoa Boating Club an Acre on the 46 S.S. Hardman for District Officer to Messrs. Lusk, Willis and Tuohy. 11 July 1961, Waikaremoana Reserves Correspondence File, 8/3/560 47 Lusk, Willis and Tuohy, Barristers and Solicitors to the Minister of Maori Affairs, 10 August 1961, Waikaremoana Reserves Correspondence File, 8/3/560 46 Minister of Maori Affairs to Messrs. Lusk, Willis and Tuohy. 23 August 1961, Waikaremoana Reserves Correspondence File, 8/3/560 49 Lusk, Willis and Tuohy, Barristers and Solicitors to the Mr S.S. Hardman CIO Maori Affairs Department, Gisborne, 20 March 1962, Waikaremoana Reserves Correspondence File, 8/3/560 50 S.S. Hardman District Solicitor to Messrs. Lusk, Willis and Tuohy. 18 April 1962, Waikaremoana Reserves Correspondence File, 8/3/560 31 shores of the lake for there use, providing if we are allowed by your Dept to do SO.'51 Mr B.E. Attewell answered on behalf of the Registrar. He informed Mr Wahanui that the Court issued title itself declared the land as a reserve and that further to this an Order in Council of December 1932 prohibited any form of alienation of the land.52 That same month a Mr Page also contacted the Maori Land Court in Gisborne, expressing an interest in the Te Puna Reserve. He was given a similar reply.53 1974 Reservations The Tuhoe-Waikaremoana Trust Board made a submission to the Minister of Maori Affairs, Matiu Rata regarding the Waikaremoana Reserves. The Trust Board stated that 'these lands are not legally reserves but are ordinary freehold Maori land, the term 'reserves' having arisen out of reference to land which was reserved from sale and being perpetuated through usage.'54 The submission went on to set out the Trust Board's understanding of the history of the reserves. Although the reserves were set apart for the undeniable use and occupation of those entitled, the owners say that over the years they have been persistently hampered by one Government official or other as to their use of these reserves. They capitulated to these pressures eventually and allowed their properties to revert to and remain in natural bush, which is the condition in which we find them today. These reserves have strong historic association and attachment for the owners -some were the scene of battles and massacres, some are burial grounds and others were the settlements of the current generation. For them, therefore, total alienation is a difficult matter. As the reserves exist today, the public have relatively unrestricted access and in point of fact these lands are used as part of Te Urewera National Park. 51 W. Wahanui to the Registrar, Maori Affairs, Gisborne, 25 August 1969, Waikaremoana Correspondence File 8/3/484 52 B.E. Attewell to Wiri Wahanui, 10 September 1969. Waikaremoan Correspondence File 8/3/484 53 B.E. Attewell to Mr. A.1. Page, 10 September 1969. Waikaremoan Correspondence File 8/3/484 54 Submission Tuhoe-Waikaremoana Trust Board to the Minister of Maori Affairs 18 February 1973. Te Kopani Correspondence File 8/3/116. 32 Public Opinion is that these reserves should be part of Te Urewera National Park and should be left in its current state. The public interest has, consequently, been catered for through all these lands being designated as proposed National Park in the Wairoa County District Scheme. The owners for their part, however, cannot find any avenue in which to make their lands productive and at the moment they hold rates in arrears to the extent of about $14,000. With the uplifting by the Government of the inalienation provisions in October 1972, the owners now feel that their lands would be confiscated through rates. 55 We therefore ask that the Waikaremoana Reserves be declared exempt from rates. The Board subsequently applied to have the blocks reserved under the Maori Affairs Act 1953. Maori Land Court Hearing A Maori Land Court hearing was agreed to as a 'special fixture', in order to deal with the question of the status of reserves. The hearing was to be held at Kuha on the 16 February 1974.56 At the hearing, applicants lodged four exhibits. These included exhibit "B" a list of owners and addresses.57 Mr. John Rangihau filed a submission (Exhibit "A") in support of the lands being declared as reservations. The submission emphasised the need for improved management of the lands . ... these lands have been the topic of discussions at many Tuhoe general meetings at which owners were present and it seems to be clear that these lands have strong historical, emotional and spiritual significance for the owners as well as for the Tuhoe people generally and that they are very concerned that these lands and more particularly the burial grounds be protected from vandalism and from the establishment of permanent camps by unauthorised persons. Past experience with the lack of administrative control of the exposed bed of Lake Waikaremoana and the establishment of permanent camps 55 Submission Tuhoe-Waikaremoana Trust Board to the Minister of Maori Affairs 18 February 1973. Te Kopani Correspondence File 8/3/116. 56 Judge Gillanders Scott to the Registrar, Maori Land Court Gisborne. 20 December 1973, Waikaremoana Correspondence File, 8/3/484 57Wairoa MB 75/175,16 February 1974. 33 thereon by unauthorised persons better known as 'squatters' high-lights their concern for the better management of these lands. 58 Mr Rangihau went on to argue for the scenic and historical value of the Waikaremoana lands. As a solution to the past management problems, he argued for the administration of the proposed reservations by the Tuhoe Waikaremoana Trust Board: On the question of identity it is I think relevant to note that in the case of Lake Waikaremoana the two parties involved in contesting title were Tuhoe-Ruapani and Ngati Kahungunu. Either party were grouped accordingly and identified themselves as such from the time when the hearing was first commenced in August 1915, right up to its ultimate conclusion before the Appellate Court in September 1947. On the 10th September 1947 (Appellate Court M.B. 27 page 60) Mr McGregor for Ngati Kahungunu appellants categorically stated: "We say that Tuhoe and Ruapani are identical and have always been identical". That division was of course maintained by the Lake Waikaremoana Act 1971 and as previously mentioned all the owners in these reserves, as far as can be ascertained, are on the Tuhoe division. It seems appropriate therefore that the Tuhoe Waikaremoana Maori Trust Board should be appointed as Trustee and I have the consent of that Board for these purposes. The Court explained that under Section 439 of the Maori Affairs Act there was a need to "specify persons or class of persons for whose common use & benefit the land to be set aside." Discussion followed and agreement was apparently reached that the lands be set aside as Maori reservations: 'as a place of historical & scenic interest and of special emotional association of the common benefit of the owners thereon, and the peoples of Tuhoe and the peoples of Ngati Kahungunu, that if & when respective NZ Gazette notices issued that the land in each case be vested in the Tuhoe Waikaremoana Maori Trust Bd. as trustee,.59 58 Submission, John Rangihau on behalf of the Tuhoe Waikaremoana Maori Trust Board, Exhibit "A" Wairoa 75/174-8. p.2. 59 Wairoa MB 75/178,16 February 1974. Although the Minutes seem a little confused at this point. 34 In order to declare the lands as reserves, however, the matter of the rates owed on the lands needed to be cleared. The Deputy Registrar wrote to the County Clerk of the Wairoa County Council: As you know the Lake Waikaremoana Act 1971 was negotiated to ensure the continued operation of the State Hydro Electric works in the vicinity. The schedule of ownership to the bed of the lake itself - which is Maori freehold land - is now completed. The question of the ancient Maori reservations scattered around the lake edge are now being cleared up. I see that there are a number of old Rate Charging Orders against some of them as per attached schedule. I should be obliged if your Council would give consideration to the remission and discharge thereof. The areas concerned are intended to be set aside as reservations and the necessary N.l. Gazettes to that end may not issue whilst the charges remain against respective titles.6o After seeking and receiving clarification of the nature of the reservations the Wairoa County Council remitted the charges against the Marau, Mokau and Te Puna blocks on 6 June 1974.61 The lands were subsequently declared as Maori Reservations.62 Each reserve (with the obvious exception of Timi Taihoa, for which no application had been made) was then vested with the Tuhoe Waikaremoana Trust Board by the Tairawhiti Maori Land Court.63 60 Deputy Registrar to the County Clerk, Wairoa County Council, 3 May 1974. Court Block Correspondence File 8/3/560 61 Council Resolution, 6June 1974. Court Block Correspondence File 8/3/560 62 New Zealand Gazette 1974 pp. 1674-1676. 63 Tairawhiti MB 2/40. 35 TABLES OF RESERVES IN THE WAIKAREMOANA BLOCK Table: Timi Taihoa Reserve TimiTaihoa Original block Waikaremoana Original size of reserve 3.92 ha. (Original site) 3.51 ha. (Waitotara site) Current area of remaining Maori land 3.51 Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation (?) Parcels currently Maori owned Timitaihoa Alienated parcels 0 Survey plans ML 3323 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) Notes ML plan 3323 Indicates that the reserve was covered with dense bush. "Note This block has been renamed Timitaihoa (Res) the former block of this name 9.2.30 N.P (3336) having been included in the Crown Award and in lieu thereof this block has been adopted and renamed Timi Taihoa Reserve See File 3/61 (L & S)" File 3/61 is listed as missing at Archives. MUS and Maori Land Court files indicate that this block is Maori freehold land. No Gazette notice was issued for this block in 1974. MUS seems to indicate that the reserve is still owned by at least one descendent of Timi Kara (see also MA 5/5/112 : copied). Current Maori Land Parcel: Timitaihoa Parcel Name Timi Taihoa L TO Reference Parcel Size 3.5056 ha. Number of Owners 1 Survey Plan ML 3323 Title Order Type Other Current Status Unclear on MUS Date of Order 21/02/1925 36 Table: Hopuruahine West Reserve Hopuruahine West Original block Waikaremoana Original size of reserve 30.17 ha. (ML 3338) Current area of remaining Maori land 30.15 ha. (29.9467 main block 0.2023 urupa) Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Hopuruahine West Alienated parcels 0 Survey plans ML 3338 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p.1676 (reserve) Certificates of Title/LTO References: PR 6C/561 (30/7/1998) Hopuruahine West 30.15 ha. (no prior or subsequent CTs listed) Current Maori Land Parcel: Hopuruahine West Parcel Name Hopuruahine West LTO Reference PR 6C/561 Parcel Size 30.1490 ha. Number of Owners 108 Survey Plan ML 3338 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 Management Details: Block name Hopuruahine West Authority S.439 1953 (94) Administrat Tuhoe-Waikaremoana Date of order 26/08/1974 or Trust Bd. Structure Maori Reservation Minute Book 2 Tairawhiti 40 Type Reference 37 Table: Hopuruahine East Reserve Hopuruahine East Original block Waikaremoana Original size of reserve 36.98 ha. (ML 3338) Current area of remaining Maori land 36.95 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Hopuruahine East Alienated parcels 0 Survey plans ML 3338 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p.1676 (reserve) PR 6C/547 (1998) 10 July Hopuruahine East 36.95 ha. (No prior or subsequent CTs listed) Current Maori Land Parcel: Hopuruahine East Parcel Name Hopuruahine East LTO Reference PR 6C/547 Parcel Size 36.9477 ha. Number of Owners 59 Survey Plan ML 3338 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 Management Details Block name Hopuruahine East Authority S.439 1953 (94) Admin istrator Tuhoe Waikaremoana Date of order 26/08/1974 Trust Bd. Structure Maori Reservation Minute Book 2 Tairawhiti 40 Type Reference 38 Table: Te Apiti Reserve TeApiti Original block Waikaremoana Original size of reserve 5.76 ha. (ML 3338) Current area of remaining Maori land 5.75 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned TeApiti Alienated parcels 0 Survey plans ML 3338 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p. 1675 (reserve) Certificates of Title/LTO References: PR 6C/533 (1998) 9 July Te Apiti 5.75 ha. (No prior or subsequent CTs listed) Current Maori Land Parcel: Te Apiti Reserve Parcel Name T e Apiti Reserve LTO Reference PR 6C/533 Parcel Size 5.7541 ha. Number of Owners 5 Survey Plan ML 3337 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 39 Table: Mokau Reserve Mokau Original block Waikaremoana Original size of reserve 11.54 ha. (ML 3338) Current area of remaining Maori land 11.53 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Mokau Alienated parcels 0 Survey plans ML 3338 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p. 1675 (reserve) Current Maori Land Parcel: Mokau Parcel Name Mokau L TO Reference Parcel Size 11.5335 ha. Number of Owners 72 Survey Plan ML 3338 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 40 Table: Takanga Reserve Takanga Original block Waikaremoana Original size of reserve 6.28 ha. (MI 3338) Current area of remaining Maori land 6.27 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Takanga Alienated parcels 0 Survey plans ML 3338 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p.1675 (reserve) Current Maori Land Parcel: Takanga Parcel Name Takanga LTO Reference Parcel Size 6.2726 ha. Number of Owners 45 Survey Plan ML 3338 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 41 Table: Takanga Reserve Takanga Original block Waikaremoana Original size of reserve 6.28 ha. (MI 3338) Current area of remaining Maori land 6.27 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Takanga Alienated parcels 0 Survey plans ML 3338 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p.1675 (reserve) Current Maori Land Parcel: Takanga Parcel Name Takanga LTO Reference Parcel Size 6.2726 ha. Number of Owners 45 Survey Plan ML 3338 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 41 Table: Tikitiki Reserve Tikitiki Original block Waikaremoana Original size of reserve 12.15 ha. (ML 3338) Current area of remaining Maori land 12.14 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Tikitiki Alienated parcels 0 Survey plans ML 3338 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p. 1675 (reserve) Current Maori Land Parcel: Tikitiki Parcel Name Tikitiki LTO Reference Parcel Size 12.1406 ha. Number of Owners 11 Survey Plan ML 3338 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 42 Table: Te Puna Reserve Te Puna Original block Waikaremoana Original size of reserve 79.38 ha. (ML 3338) Current area of remaining Maori land 79.32 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Te Puna Alienated parcels 0 Survey plans ML 3338 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p. 1675 (reserve) Notes: Listed as ML 3337 for survey plan (no mention of ML 3338) on MLIS. Subject to consolidation order (see memorial schedule). Current Maori Land Parcel: Te Puna Parcel Name Te Puna L TO Reference Parcel Size 79.3184 ha. Number of Owners 134 Survey Plan ML 3338 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1921 43 Table: Pate Kaha Reserve Pate Kaha Original block Waikaremoana Original size of reserve 7.90 ha. (ML 3338) Current area of remaining Maori land 7.89 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Patekaha Island Alienated parcels 0 Survey plans ML 3338 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p.1676 (reserve) Current Maori Land Parcel: Patekaha Island Parcel Name Patekaha Island L TO Reference Parcel Size 7.8914 ha. Number of Owners 93 Survey Plan ML 3338 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 44 Table: Marau Reserve Marau Original block Waikaremoana Original size of reserve 7.05 ha. (ML 3336) Current area of remaining Maori land 7.04 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Marau Alienated parcels 0 Survey plans ML 3336 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1976 p. 1676 (reserve) Notes: MLIS lists this block as unsurveyed Current Maori Land Parcel: Marau Parcel Name Marau L TO Reference Parcel Size 7.0415 ha. Number of Owners 91 Survey Plan ML 3336 Title Order Type Other Current Status Maori Reservation Date of Order 21/0211925 45 Table: Waipai Reserve Waipai (Waipa) Original block Waikaremoana Original size of reserve 4.13 ha. (ML 3337) Current area of remaining Maori land 4.13 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Waipai Alienated parcels 0 Survey plans ML 3337 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p. 1674 (reserve) Current Maori Land Parcel: Waipai Parcel Name Waipai LTO Reference Parcel Size 4.1278 ha. Number of Owners 41 Survey Plan ML 3337 Title Order Type Other Current Status Maori Reservation Date of Order 21/0211925 46 Table: Te Maara-a-te-Atua Reserve T e Maara a te Atua Original block Waikaremoana Original size of reserve 20.09 ha. (MI 3337) Current area of remaining Maori land 20.07 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned T e Maaraateatua Alienated parcels 0 Survey plans ML 3337 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p. 1674 (reserve) Current Maori Land Parcel: Te Maaraateatua Parcel Name T e Maaraateatua LTO Reference Parcel Size 20.0724 ha. Number of Owners 34 Survey Plan ML 3337 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 47 ~_~C'L __ ~~~ _ ~ ____ ~ ______• Table: Taumataua Reserve Taumataua Original block Waikaremoana Original size of reserve 12.14 ha. (MI 3337) Current area of remaining Maori land 12.14ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Reservation Parcels currently Maori owned Taumataua Alienated parcels 0 Survey plans ML 3337 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p. 1674 (reserve) Notes: Gazette Notice 1974 p. 1851 amends spelling Current Maori Land Parcel: Taumataua Parcel Name Taumataua L TO Reference Parcel Size 12.1355 ha. Number of Owners 8 Survey Plan ML 3337 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 48 Table: Whakaari Reserve Whakaari Original block Waikaremoana Original size of reserve 8.01 ha. (ML 3337) Current area of remaining Maori land 8.01 ha. Percentage of Maori land remaining 100% Current status/ type of tenure Maori Reservation Parcels currently Maori owned Whakaari Alienated parcels 0 Survey plans ML 3337 Gazette notices 1929 p. 3219 (preventing alienation) 1930 p. 3622 (preventing alienation) 1931 p. 1694 (preventing alienation) 1932 p. 2783 (preventing alienation) 1974 p. 1675 (reserve) Certificates of Title/LTO References: PR 68/757 (1997) Whakaari 8.01 ha. (No prior or subsequent eTs listed.) Current Maori Land Parcel: Whakaari Parcel Name Whakaari LTO Reference PR 68/757 Parcel Size 8.0127 ha. Number of Owners 33 Survey Plan ML 3337 Title Order Type Other Current Status Maori Reservation Date of Order 21/02/1925 49 SECTION 2: SOUTHERN UREWERA RESERVES Creation of the Te Kopani, Heiotahoka, Whareama and Ngaputahi reserves Originally, these reserves were promised in the Crown Purchase Deed in 1875.64 However the reserves were not marked out on the ground until some years later. In 1885, the reserves were first declared as 'temporary reserves,.65 The land was then later permanently reserved. 66 All four reserves were established under Section 144 of the Land Act 1877. They were declared to be "for the use and support of the Uriwera and Ngatiruapani Tribes of aboriginal natives."67 The history of these southern Urewera Reserves is quite different to the other Maori land blocks in the Waiau, Ruakituri, Taramarama and Tukurangi blocks. No certificates of title were issued for the four southern Urewera Reserves until relatively recently, and these lands were not dealt with under the Volunteers and Others Lands Act 1877. Instead, the titles to these blocks were issued under the Native Reserves Act of 1882 in 1889. The title to the four blocks was awarded to the same sixty owners.68 All of these reserves shared a relatively common history, with much the same owners up until the Urewera Consolidation Scheme, when two of the reserves were acquired by the Crown. When the promise of the reserves was first made, the Crown reserved the right to mark out roads within the reserves. 69 There was no mention of this provision in either the February or April 1885 Gazette notices, although under section 151 of the Land Act 1877 the Governor retained the right to take land for the construction of roads or 64 Waiau, Tukurangi, Taramarama and Ruakituri Crown Purchase Deed, 12 November 1875, Auckland 841A. LlNZ National Office, Wellington. 65 New Zealand Gazette, 1885 p.246. 66 New Zealand Gazette, 1885 p.508. 67 New Zealand Gazette 1885 p. 246 68 ,See Block Order Files, Te Kopani 239, Ngaputahi 541, Heiotahoka 121, Whareama 1386, Maori Land Court Gisborne. 69 Waiau, Tukurangi, Taramarama and Ruakituri Crown Purchase Deed, 12 November 1875, Auckland 841A. LlNZ National Office, Wellington. 50 railways. By the time of the Gazette notice proclaiming the reserves, roads had already been marked out through three of the reserved blocks (Ngaputahi, Heiotahoka and Te Kopani areas)?O Unfortunately very little information was uncovered for the Ngaputahi and Whareama blocks. Consolidation The Urewera Consolidation Commission was an important turning point for the four Southern Urewera Reserves. Two reserves, Ngaputahi and Whareama, were declared Crown land. Immediately following the scheme, the two remaining reserves Te Kopani and Heiotahoka were partitioned among the Whanaupani and Ngati Ruapani owners (although the actual partitions were determined by the Native Land Court). After the Urewera Consolidation Scheme, an identifiable division between the two communities of Whanaupani and Ngati Ruapani becomes visible on cadastral maps. The report on the proposed Urewera Lands Consolidation Scheme explained that while the consolidation scheme focused on the area of the former Urewera District Native Reserve (UDNR), it also sought to include some blocks from outside the UDNR. 2. The scheme embraces all blocks within the Urewera District Native Reserve, as defined by the Urewera District Native Reserve Act, 1896, except Ruatoki 1, Ruatoki 2, and Ruatoki 3, and subdivisions thereof; Whaitiripapa; Tapatahi; Manuoha; and Paharakeke. It includes lands not within the above reserve but which it has found necessary to include - namely, Whareama, Ngaputahi, Kopani, and Hei-o-Tahoka (known as "Urewera Reserves," Wairoa County); Whirinaki Block (portions required for exchange with the Natives).71 7. Waikaremoana Block and the Urewera Reserves.-- The Former is already within the Urewera Native District Reserve, but the latter are not. They were in fact, Crown lands granted as reserves to the Ureweras in the early days. Two of the reserves, Whareama and Ngaputahi, become Crown land by virtue of the scheme, the other two remain to the 70 New Zealand Gazette, 1885 p.246. 71 Report on Proposed Urewera Lands Consolidation Scheme, AJHR G-7 p. 8. 51 consolidated owners. Waikaremoana Block becomes Crown land by virtue of the scheme (a) by exchange as to Native interests consolidated to the north, (b) by agreement to sell as to Natives interests owned by Natives living to the south of the lake and at Wairoa. The consideration for sale in the latter case is stated in the scheme, and the authority of Parliament is required for the necessary finance. 72 72 Ibid., p. 6. 52 ---~~-----~------ NGAPUTAHI The block was declared a temporary reserve in February 1885,73 and then made a permanent reserve in April of the same year. 74 The reserve was gazetted "for the use and support of the Uriwera and Ngatiruapani Tribes of aboriginal natives."7S In 1889, title to the block was settled. A small portion of land had already been marked off for a road when the block was first declared as a reserve in the Gazette?6 This road is indicated on the plan attached to the title awarded by the Court. The original area of the block was 298:1 :3. with 1:2:37 removed for the road. The overall area including the road was 300:0:00. A survey approved in 1919 (ML 3719) indicates that in 1919 more than half of the block was covered in vegetation. The plan shows that a track traversed the block, leading to the Lake. Sites of former settlements were located on the bush line along the track. The block was entered on to the provisional register (PR 20/55) in 1920. Ngaputahi was leased for a time to Kaho Te Hapi of Waimako and Wahoroa Te Hapi "wife of Tuahine Whakahoro of Te Whi Settler". Originally a 21year lease, the lease was transferred to Guy Morris Gaddum of Gisborne less than a year later.77 As mentioned above, Ngaputahi and the other three southern Urewera reserves were included in the consolidation scheme. The report on the proposed Urewera Consolidation Scheme stated: "The Crown shall receive two of the Urewera reserves - namely Whareama and Ngaputahi - and shall pay the local rates due by the Native owners on those blocks."7s At the time of the consolidation scheme, the improvements to the Ngaputahi block were valued at £30 and were divided equally between Paora Paora and Te Wharepapa Whatanui. 79 Te Wharepapa Whatanui objected to the award 73 New Zealand Gazette 1885 p. 246 74 New Zealand Gazette 1885 p. 508 75 New Zealand Gazette 1885 p. 246 76 ibid. 77 PR 20/55 Memorial Schedule. 78 AJHR 1921 G-7 p. 8. 79 Urewera Minute Book (Consolidation Commission) 1, p. 372. 53 of half the compensation to Paora Paora, arguing that he had no right to any compensation, having only lived on the block for a year looking after clearings at the request of another party.80 Te Wharepapa Whatanui asked for the whole of the compensation. The Commission confirmed the decision to declare the two reserves, Whareama and Ngaputahi, Crown land as indicated in the Consolidation Scheme report on 9 April 1924.81 Ngaputahi was vested in the Crown by way of exchange,82 and the order was counter signed on 24 August 1924. The land was subsequently gazetted as Crown land in 1925.83 The Succession Order Schedules for Ngaputahi indicate that owners were still succeeding long after it had passed into Crown ownership. The last succession order recorded for the block was September 1952. The continuation of succession orders appear to be due to money held by the Maori Land Board for the block. 84 80 Urewera Minute Book (Consolidation Commission) 2A, p. 166. 81 Urewera Minute Book (Consolidation Commission) 2A,. p. 180 82 Order for Exchange, 28 August 1924, Ngaputahi Block Order File 541. 83 New Zealand Gazette 1925, p. 5. 84 Succession Order Schedule. Ngaputahi Block Order File 541. 54 Table: Ngaputahi Reserve Reserve Ngaputahi Original block Waiau Original size of reserve 121.50 ha. (ML 2522) Current area of remaining Maori land 0 Current statusl type of tenure The area is now part of the Urewera National Park. Parcels currently Maori owned 0 AI ienated parcels Survey plans ML 2522 1885 p. 246 (temporary reserve) Gazette notices 1885 p. 508 (permanent reserve) 1921 p. 2333 (restriction on alienation) 1922 p. 2273 (extending restrictions on alienation) 1923 p. 877 (further extension on alienation) 1925 p.5 (acquired by Crown) Notes: The Lands and Survey file dealing with this area: 3/61 is listed as missing at National Archives. 55 WHAREAMA As with the other southern Urewera reserves, the block was declared a temporary reserve in February 1885,85 and set out as a permanent reserve in April 1885.86 On 9 March 1889, the Native Land Court determined the title and list of owners for the 300 acre Whareama block. As with Ngaputahi, these were the same 60 owners listed for all four of the southern "Urewera Reserves". 87 By the turn of the century, the Whareama block was the only block of Maori Land left on the southern shore of Lake Waikaremoana. According to Erueti Mei (at the court hearing deciding upon the reserve status of the lands on the northern shore in 1974) Whareama had been the site of a settlement. Those living at Whareama used the Marau area (on the northern shore) as a transit point in journeys from Whareama. 88 Under the consolidation scheme, Whareama was vested in the Crown by way of an exchange of shares. The order was countersigned on 28 August 1924 and the land declared Crown land on 31 December 1924.89 Unlike Ngaputahi, there were no succession orders for Whareama recorded after the land was declared to be Crown land. 85 New Zealand Gazette 1885 p. 246 86 New Zealand Gazette 1885 p. 508 87 All four reserves were determined under the Native Reserves Act of 1882. 88 Wairoa MB 75/175, 16 February 1974. Waikaremoana Supporting Documents. Maori Land Court Minutes. 89 New Zealand Gazette 1925 p.5 56 Table: Whareama Reserve Reserve Whareama Original block Tukurangi Original size of reserve 125.50 ha (ML 541) Current area of remaining Maori land 0 Current statusl type of tenure Parcels currently Maori owned 0 Alienated parcels Sec 1 Blk XIV Waikaremoana SO Survey plans ML 541 1885 p. 246 (temporary reserve) Gazette notices 1885 p. 508 (permanent reserve) 1921 p. 2333 (restriction on alienation) 1922 p. 2273 (extending restrictions on alienation) 1923 p. 877 (further extension on alienation) 1925 p.5 (acquired by Crown) 57 HEIOTAHOKA The history of the Heiotahoka blocks have been closely associated with that of the nearby Te Kopani blocks. As with Te Kopani, Heiotahoka was partitioned into a "Ngati Ruapani section" and a "Whanaupani Section" following consolidation. The land at the southern end of the block (Heiotahoka 1A and 18) and the western edge (The western area of Heiotahoka 28) were and presumably still are the best and most fertile lands for crops. The land in the north-eastern area of the original reserve is less fertile and more hilly, more suitable for cattle or sheep. Although none of the Heiotahoka blocks are currently listed with the Maori Land Court as leased, there have been a number of leasing arrangements made in the past. An area within the area of the original Heiotahoka reserve was leased for a period to the Government for the purposes of public works, though this land has since reverted back to the owners. Today, the bulk of the land remains in Maori ownership. All of the alienated parcels within the area of the original Heiotahoka reserve were removed for Public Works purposes, either for roads or the hydro-electric scheme. All of the alienated parcels have been within the Heiotahoka 2 partition. One of the alienated parcels still indicated on cadastral maps was revested to the owners in 1942. 1921 Partitions Originally, the block had been partitioned into five separate areas. However, these partitions had not been surveyed and completed before they were cancelled by the consolidation scheme and new consolidation partitions established. 90 These partitions are notable in that they were divided along quite different lines to the partitions determined after the consolidation scheme. The same schedule of 126 owners was issued for four of the partitions (2,3,4 and 5), which covered the majority of the available land. In other words the 1921 partitions were not divided along the 90 Note on requisition of Surveys form, Chief Judge to Chief Surveyor, 1st June 1921. Heiotahoka Block Order File 121, Partition Order 1st June 1921, Wairoa MB 31/276. Heiotahoka Block Order File 121. 58 ~ ~ , ------~-- Graphical Represenlalion 1km WT noel harris: sep ~~~~~~~~~~,~' 500yd 1000yd Pt Heiotahoka 2 Pt Heiotahoka 2 HEIOTAHOKA 2 I see inset below Heiotahoka 1B Source: ML 3719 Tarapatiki ML 3390 ML 3301 4112 Figure 5: Current status of Heiotahoka reserve "Whanaupani/Ruapani" lines in the fashion of the post consolidation partitions of the Heiotahoka and Te Kopani Blocks. The Heiotahoka 1 partition was partitioned for two individuals and was for a 9:0:27 section in the north-western area of the block. 91 Consol idation Despite lying outside of the Urewera Native Reserve, Heiotahoka and the other three southern Urewera reserves were included in the Urewera Consolidation scheme. The land was subject to an order preventing alienations, published in the New Zealand Gazette, 15 September 1921.92 This order was extended for a further period of six months.93 The restrictions upon alienation were extended for another eighteen months in March 1923.94 The report on the proposed Urewera Consolidation Scheme indicated that in the case of Heiotahoka, 'all divisions of the latter [the Heiotahoka Reserve] to be cancelled.'95 These titles and partitions were superseded by an exchange order in April 1924.96 A list of 178 owners was then prepared for the Heiotahoka Block.9? The Native Land Court subsequently partitioned the consolidated block along Ngati Ruapani and Whanaupani lines, in a similar fashion to the nearby Te Kopani block. Heiotahoka 1 and 2 Partition The first partitions of the Heiotahoka block were primarily intended for the two communities in the nearby Kopani block. 'The Whanaupani who own the Tarere cultivations at the SE end of blk asked that their area be taken ... between Te Rara & blk bdy.' Ruapani, however, objected on the basis that all the good land would be awarded 91 Partition Order, Wairoa 31/276 Heiotahoka Block Order File 121, Wairoa MB 31/276-280,1 June 1931 92 New Zealand Gazette 1921 p.2333 93 New Zealand Gazette 1922 p. 2273 94 New Zealand Gazette 1923 p. 877 95 Report on Proposed Urewera Lands Consolidation Scheme, AJHR G-7 p. 12. 96 Exchange Order, Urewera Commission, Heiotahoka block, 13 February 1925, Heiotahoka Block Order File 121 97 Ibid, ownership schedule copied. 60 to the other side and the part remaining to them was rough and steep.98 The Maori Land plan (ML 3301) appears to confirm these objections, the bulk of the proposed "Ruapani" area listed as "Hilly Country in grass & scrubs", with two areas of "light bush". While there were several areas under cultivation within the area, one of these was evidently used by the owners of the Te Rara block, which was enclosed on three sides by the Heiotahoka block. The "Ruapani" representative asked that the land south [?] of Tarere be instead "divided proportionately". The Court ruled that the Ngati Ruapani position was not practical. As a compromise, the Court ordered the estbalishment of a fifteen foot wide right of way, giving access to the No.2 Partition through the No 1 block (refer to ML 3390). How exactly this right of way would have addressed the Ngati Ruapani complaints is unclear. The right of way leads to the hilly portion of the No.2 block, which was not suitable for crops. Furthermore any owners of Heiotahoka 2 living on Te Kopani block would have had to travel right around the outside of the Heiotahoka blocks to make use of the right of way over Heiotahoka 1. So although the Heiotahoka 2 owners got a larger proportion of the land, it appears that it was of an overall lower quality. It is noted that these same owners would subsequently lose a portion of their best remaining land to the hydro-electric scheme. The owners of Heiotahoka 2 were charged survey costs of £21-17-0, while the owners of Heiotahoka 1 were charged £ 6_10_3. 99 Heiotahoka 1A and 1 B Partition The Heiotahoka 1 block was partitioned in 1931, to allow for a proposed lease. 10o The Heiotahoka 1 B block was then subject to a 21 year lease to Wiremu Matamua and Claude Kaho [?] from 1 July 1931.101 The Heiotahoka 1 block and the association of the 1A and 1 B partitions with the Waimako area was again evidenced by the later incorporation of Heiotahoka 1A and 1 B together with Te Kopani 2 in 1956.102 The incorporation was "to occupy and manage as 98 Wairoa MB 37172.5 September 1925, Te Kopani Supporting Documents. nd 99 Charging Order for Survey, 2 March 1927. Wairoa MB 38/182. Heiotahoka 1-1B Block Order File 120. 100 Wairoa MB 41/358-9 101 Note on Partition OrderWairoa MB 41/359,22 June 1931, Heiotahoka Block Title Binder. 102 Order of Incorporation, Wairoa MB 58/239, Heiotahoka 1-1 B Block Order File, 120. 61 a farm and to carry out any agricultural or pastoral business thereon." The total area to be controlled by the "Proprietors of Te Kopani and other blocks" was 248:0:0.103 This incorporated block appears to have been cancelled by an order "directing that original title partition -Partition Order of 22.6.31" recorded in the Heiotahoka 1A and Heiotahoka 18 Memorial Schedules. 104 Heiotahoka 2A and 28 Partition Heiotahoka 2 block was partitioned in 1960. A trifle over a quarter of an acre was cut out for Whakaari Ruawai of Tuai. 105 The sketch plan indicates that a house was already located upon the site.106 A number of other structures were apparent in the immediate vicinity. The block was evidently partitioned to allow for a mortgage.107 Heiotahoka 2A was entered on to the Provisional Register (PR 29/64) several months after the partition 108 (although MUS no longer records a LTO reference for this block). The current Heiotahoka 28 is the remainder of the Heiotahoka 2 block less Heiotahoka 2A and the public works areas removed previously. Public Works Takings The following section summarises the range of public works acquisitions from the Heiotahoka block. The plan attached to the exchange order in 1925 indicates the area of land covered by a public road.109 SO 1385 (March 1881) indicates that the road was already surveyed prior to the Gazette notice proclaiming the reserve in 1885. Plan ML 3301 indicates that this road was still unformed in 1925.110 Three parcels of land were removed from the original reserve in 1941. Two separate sections for the Hydro scheme and a parcel for Piripaua Road were removed. 103 Order of Incorporation, Wairoa MB 58/239, Heiotahoka 1-1B Block Order File, 120. 104 Memorial Schedule Heiotahoka 1A and Memorial Schedule Heiotahoka 1B, Heiotahoka Title Binder. 105 Partition Order, Wairoa MB 63/146, 18 February 1960. Heiotahoka Title Binder. 106 Ibid. 107 Wairoa MB 63/146-7,18 February 1960. 106 Memorial Schedule Heiotahoka 2A, Heiotahoka Title Binder. 109 Gazette notice not located. Note on plan indicates that an area of 5:2:16 was removed. Heiotahoka Block Order File 121 110 ML 3301 March 1925. 62 ------~ ------ Hydro-scheme In 1937, the Assistant Electrical Engineer notified the Registrar of the Native Land Court in Gisborne that he needed to enter upon the Heiotahoka block to conduct surveys for the Waikaremoana hydro-electric scheme. Will you please give me formal permission to cut and burn whatever scrub it is considered necessary in order to carry out my survey. I have already commenced operations, so will you please approve urgently.111 In reply to this the Registrar notified the Assistant Electrical Engineer that the block was owned by Waipatu Winitana and 176 others that that he, the Registrar, had no authority to grant permission to cut and burn scrub on the land. The Registrar suggested that the Engineer notify the owners himself.112 An urgent memorandum from the Native Department to the Land Court dated 24 January 1938 set out that Ngati Ruapani had sent a telegram to the Native Minister about an approach to sell land in the Heiotahoka block (N 6R) for the Hydro electric scheme. Ngati Ruapani stated that they did not want to sell but were willing to lease the land. The Registrar was asked to urgently provide information on the matter. 113 In reply, the Registrar informed the Under Secretary that 'the Electric Power Board apparently require the best part of the land,.114 This appears to be confirmed by plan ML 3301, which indicates that only a relatively small proportion of Heiotahoka 2 appeared suitable for crops. Although the land in question was not being farmed, it was anticipated that the land may be developed along with the Kopani block.115 The 111 Memorandum Assistant Electrical Engineer to the Registrar Native Land Court, Gisborne, 28 May 1937. Heiotahoka Court Block Correspondence File 8/3/55 112 Memorandum Registrar to the Electrical Engineer, 2 June 1937. Heiotahoka Court Block Correspondence File 8/3/55 113 Memorandum, Under Secretary Native Department to the Registrar Native Land Court, Gisborne. 24 January 1938. Heiotahoka Court Block Correspondence File 8/3/55 114 Registrar Native Land Court Gisborne to the Under Secretary Native Department, Wellington, 27 January 1938. Heiotahoka Court Block Correspondence File 8/3/55 115 ibid. 63 R~gistrar noted "There is no information on our files in this office regarding the proposed sale of this land by the Natives to the Public Works Department." The District Engineer asked the Registrar to inform the owners of Heiotahoka that the Department would again be entering upon the land. 116 A handwritten note on this letter indicates that the court would inform 'Waipotu Winitana (Ruapani)' and 'Wi Matamua (Whanaupani)'. Letters addressed to both these men as well as Wharepapa Inhimea were subsequently, sent signed by the Registrar. Two months later the Registrar wrote to the District Engineer informing him of a complaint made by an owner occupier (Mokai Hine or Mrs Nelson) of Heiotahoka who alleged that among other things the Department had built a road through her orchard and potato cultivation.117 The Registrar wrote to the Engineer, and 'earnestly recommended that you depute some responsible officer to explain the circumstances to the complainant and if possible obtain her consent in writing' .118 At the same time, the Registrar also sent a telegram to the Public Works Department in Napier asking for an investigation into the matter, indicating that the Public Works employees may have been in breach of section 18 of the Public Works Act. The Registrar suggested an investigation "to precent unpleasantness".119 The Registrar then informed Mokai Hine that the Public Works Department will likely meet with her to explain the situation and that she would probably be entitled to compensation. 120 Two lawyers, O'Malley and Jones, became involved. They raised concern about the time limit for claims against temporary occupation or damages from public works. They warned that the compensation owed for occupation of camp sites, the cutting of scrub and matters of tracks and roads should be settled by the court long before the work is completed " ... as grave differences are apt to arise afterwards as to the extent of the damage." They therefore urged that the Public Works Department 116 District Engineer to Registrar, Native Land Court, Gisborne, 5 May 1938, Heiotahoka Court Block Correspondence File 8/3/55. 117 Registrar to the District Engineer, Public Works Department Napier. 12 July 1938. Heiotahoka Court Block Correspondence File 8/3/55 118 ibid. 119 Telegram, Registrar, Native Land Court to Public Works Department Napier, 12 July 1938. Heiotahoka Court Block Correspondence File 8/3/55 120 Registrar to Mokai Hine, 12 July 1938. Heiotahoka Court Block Correspondence File 8/3/55 64 should seek an application of the Native Land Court at its sitting in Wairoa on the 13th of February 1939.121 O'Malley had earlier in the year reported complaints by owners of Heiotahoka that the Department had burnt bush and scrub upon the block.122 O'Malley also pointed to problems with stock gaining access to crops and repeated a request by Peter Taoho that his paddock be fenced. Workers were apparently also neglecting to close a gate behind them. O'Malley also made the plea for minimising the damage on the native bush and scrub in the area in light of the scenic value of the area. The engineer, however, took issue with the allegations, stating that no roads had been made on the property but rather a four-foot wide track for the conveyance of a percussion drill. He (the engineer) believed that the suspension bridge and "cages" which gave access to the reserve were more often used by the owners of the block than by his department. 123 Internal correspondence within the Works Department alleged that the owners were deliberately constructing buildings and growing crops in the way of the construction works in an effort to gain compensation. 124 The writer of the correspondence believed that the 'orchard' was merely a scattered collection of moth eaten self-seeded apple trees. On 8 December 1938, O'Malley wrote to the Registrar of the Gisborne Maori Land Board, informing him of the correspondence with the Public Works Department over the past nine months and asking for payment for work undertaken on behalf of the block owners (as agreed in a meeting at Tuai at which Judge Carr was present). O'Malley informed the Registrar: 121 O'Malley to the Permanent Head, Public Works Department, Wellington, 8 December 1938. Heiotahoka Court Block Correspondence File 8/3/55 122 O'Malley to the Engineer, Public Works Department, Tuai, 4 March 1938. Heiotahoka Court Block Correspondence File 8/3/55 Copy partially illegible. 123 Engineer, Tuai to Messrs. O'Malley and Jones, 7 March 1938. Heiotahoka Court Block Correspondence File 8/3/55 124 Walzl, Tony 'Waikaremoana: Tourism, Conservation and Hydro-electricity (1870-1970), (Wai 894, #A73) para 2.138 65 We have since been engaged in long range sniping at the Public Works Dept., at Tuai and Wellington, but we do not seem to get much ahead as the Department's attitude is to shelve the matter until the whole question of compensation is dealt with the Court.125 O'Malley suggested that either the Native Department or the Maori Land Board might inspect the damage on the Heiotahoka block 'and particularly the allegation that bush and scrub is being cleared and burnt as same will no doubt have a value, and is apt to be lost sight of.' O'Malley indicated that the firm had been informed that the Public Works Department had been paying rent to the adjoining owner (Mr Tapper). On 12 December, the Engineer wrote to O'Malley and Jones contradicting his earlier statements about road building, and now admitted that several had actually been cut through the Heiotahoka block. He also denied that the Department had deliberately fired bush and scrub, claiming instead that Maori workmen (who he named as Nathan, Wahanui, Eparaima, Ranginui and Turipa) had started the only fire. Although this assertion appears to have been contradicted by the earlier letter from the surveyor who had been engaged in the clearing and burning of scrub before the owners of the block had been informed. The Engineer complained that pigs belonging to the owners of Heiotahoka were interfering with the Department's roadworks. He also stated that the main problem with the stock was caused by the run down state of the boundary fence. To assist Peter Taoho, the Engineer announced that the Department was planning to install a cattlestop.126 Moko Hine soon after wrote to the Maori Land Board complaining that the Department's works were allowing stock to wander into previously inaccessible areas. Evidently the poor state of the fencing had not been of issue before the construction of a bridge. As promised, the Department had put in a cattle stop, but Moko Hine wanted both sides of the Department's road properly fenced. She also wanted the Department to pay for each living tree felled, and to pay a rental on all the land which was going to be permanently occupied by the Department, including rent for all of the huts which had 125 O'Malley to the Registrar Maori Land Board Gisborne, 8 December 1938. Heiotahoka Court Block Correspondence File 8/3/55 126 Engineer to Messrs. O'Malley and Jones, Solicitors, 12 December 1938. Heiotahoka Court Block Correspondence File 8/3/55 66 been built on Maori land. In addition she wanted payment for the firewood used, believing that the amount charged by the neighbour (for wood from his land presumably) was too low. 127 Compensation Judge Carr sent a telegraph to the Public Works Department in Wellington alerting them to concerns of the Heiotahoka owners. Heiotahoka Block near Tuai owners greatly concerned over adverse occupation by Department employees and desire matter discussed on ground stop I will be pleased to take you there Wednesday First March if suitable stop believe trouble will arise if not taken in hand128 At a meeting held by the owners of Heiotahoka, it was decided to accept the payment of 3/6 per hut per married quarter per month for firewood. The area specified would in any case be destroyed by the public works.129 The compensation for the public works takings was decided in the Wairoa Land Court. The Court awarded £279 to the owners of the Heiotahoka 2 and the Te Kopani No.1 blocks. The division was £275 to go to the Heiotahoka owners and £4 to the owners of Te Kopani NO.1. The owners of Heiotahoka No.2 were to be further compensated by the closure and the revestment of over five acres of road. The compensation money for the owners of Heiotahoka was paid to the Tairawhiti District Maori Land Board until a later determination by the Court.130 Tony Walzl, in his report, includes a document from Land Purchase officer setting out likely compensation for the land taken for Hydro-scheme public works. 127 Mokai Hine (or Mrs Nelson) to the Native Land Board, Gisborne, 27 January 1939. Heiotahoka Court Block Correspondence File 8/3/55 128 Telegram, Judge Carr to Public Works Department, Wellington, 15 February [?]1939. Heiotahoka Court Block Correspondence File 8/3/55 129 T. Amai to Mr. O'Malley, 24 February 1939. Heiotahoka Court Block Correspondence File 8/3/55 130 Compensation Order, 25 February 1942, Wairoa MB 48/76, Heiotahoka 2 & 2B Block Order File 120A 67 An area of approximately 32 acres was taken from this Native block for the above Hydro electric Scheme and an area of approximately 8 acres for road purposes. An area of old road containing Sa. Or. SAp. is available for exchange. Mr. O'Malley, of Messrs. O'Malley & Jones, Solicitors, Wairoa, acted for the natives who also employed a valuer to assess compensation. The Department has also occupied an area of approximately 18 acres for over four years for workmen's camps, etc. and has constructed access roads and other works on the block. The natives claim the sum of £786 as compensation for the value of the land, loss of timber, loss of cultivations and damage to the block. The boundary of the block is the Waikare-Taheke Stream and it is proposed to divert this stream. The stream is at present stock-proof, but after the diversion it will probably cease to be so and the natives ask for an undertaking that the Department would fence the stream boundary. I discussed the question of compensation with the solicitor and valuer for the natives on a number of occasions and also met the assembled native owners. An agreement was reached as follows - (1) The sum of £275 to be paid. (2) The area of old road containing Sa. Or. SAp. to be added to the Native Block. (3) If when the Waikare-Tahake Stream is diverted the stream ceases to the stock-proof, the Department shall erect with reasonable promptitude sufficient fencing to make the stream boundary again stock-proof and when erecting such fencing shall provide reasonable access to water. The matter came before the Native Land Court sitting at Wairoa on the 25th ultimo when the Court approved the above agreement and made an award accordingly.131 131 TonyWalzl, para. 2.167 ref. 18 March 1942, L. P.O., to U. S., P. W. D., MDO 567 533 59/7 VOL. 3, NA Wgtn. It appears that the most likely location of the paper road was the road marked as unformed in 1925 (see ML3301). This area of road has remained on cadastral maps and has not been indicated as revested. 68 After the court hearing, there was a meeting of owners at Kuha to determine how to best spend the compensation money. One view that was reported back to the Court via the lawyers O'Malley was to use the compensation to provide a water supply to the Kuha area. The meeting also asked that the balance of the money should be used to pay for the repair of the Poho-o-Ruapani and the Poho-o-Hinekura houses at Kuha. 132 Several owners of Heiotahoka 2, however, objected to the proposals, believing that the proposed water supply would only benefit those who lived at Kuha. My clients and many others of the owners of this block [Heiotahokaj are not resident in the Kuha Pa and they require their shares for providing their own water supplies.133 Alice Glass or Mrs T. Lambert contacted Judge Carr, alleging that the majority of the owners at the meeting at Kuha had in fact decided against using the compensation money to pay for the Kuha water supply. She alleged that Tommy Amai had misrepresented the meeting. 134 The expenditure of the compensation money was set later that year. The Court determined that the money would be used to provide water to the Waimako and Kuha settlements. It would further pay a sum to the Wairoa County Council as a compromise settlement for outstanding rates. The remaining money would go towards the restoration of the Poho-o-Ruapani and the Poho-o-Hinekura Meeting houses. 135 The Judge at the Wairoa Land Court informed the Building Controller of the Public Works Department that the Kuha residents were wanting to build a water supply with the compensation and were supported in this by the Health Department which had agreed to subsidise the scheme with a contribution of half the cost. The Judge asked if the Public Works Department was able to sell pipes that were at Tuai to the Kuha residents. 136 However 132 O'Malley and Jones, Barristers and Solicitors to Judge Carr, Native Land Court, Gisborne, 11 June 1942. Heiotahoka Court Block Correspondence File 8/3/55 133 E.Mitchell to the Registrar, Native Land Court, Gisborne, 29 June 1942. Heiotahoka Court Block Correspondence File 8/3/55 134 Alice Glass (or Mrs T. Lambert) to Judge Carr, 29 June 1942. Heiotahoka Court Block Correspondence File 8/3/55 135 Court Order, Wairoa MB 48/165,12 August 1942, Heiotahoka 2 & 2B Block Order File 120A 136 Judge, Wairoa Land Court to the Building Controller CIO Public Works Department, Napier, 19 August 1942. Heiotahoka Court Block Correspondence File 8/3/55 69 the District Engineer replied that the pipes mentioned were to be used by the Department. 137 The Wairoa County Council, to support the construction of the Kuha water supply and in the light of the fact that the Heiotahoka No. 2 block 'was not under lease and revenue producing, .. .' agreed to accept the sum of £10 in lieu of the owed rates. 13B In December 1944 Mr T. Amai wrote to the Registrar informing him that the owners were ready to renovate the two houses, Te Poho 0 Hinekura and Te Poho 0 Ruapani, and asked that the compensation money be used to pay for the materials required. 139 Three years after the expenditure of the compensation monies was first determined, the Court revisited the question. This time it ordered that £164:18:0 be used to supply water from the spring in Te Kopani No.1 (associated with the Waimako area) to the owners of Te Kopani No. 5 (Kuha). A further £20 was 'to be set aside for the communal requirements of the owners of Kopani No.2' (Waimako Pa). The balance of the compensation was to be held until a further decision of the Court. 140 The funds earmarked for the Kuha water supply were paid into the public account on behalf of the owners in 1945.141 As part of the public works operations, a part of the Heiotahoka block was leased to the Department. The issue of rents for lands occupied by the Department had been raised earlier by Mokai Hine, though it appears that little action was taken. The matter of rents owed was again raised when the owners of Heiotahoka enquired after the storehouse (and one time school house) which had been used by the Electricity Department. Judge 137 District Engineer to Judge Carr, Native Land Court Gisborne, 26 August 1942. Heiotahoka Court Block Correspondence File 8/3/55. 138 B.J. Signal, County Clerk, Wairoa County Council to Messrs. O'Malley and Jones, Barristers and Solicitors, 11 September 1942. Heiotahoka Court Block Correspondence File 8/3/55. 139 Mr. T. Amai to the Registrar Maori Land Board Gisborne, 5 December 1944. Heiotahoka Court Block Correspondence File 8/3/55. 140 Court Order, 7 February 1945, Wairoa MB 49/273, Heiotahoka 2 & 2B Block Order File 120A 141 Registrar to the Medical Officer of Health, 7 March 1945. Heiotahoka Court Block Correspondence File 8/3/55. 70 Carr had asked that the owners be allowed to purchase the house for use as a community hal1. 142 I have pleasure in advising you that the sale of the old cookhouse has now been sanctioned and in due course an invoice will be placed on the Tairawhiti District Maori Land Board. Concerning the land, Head Office advise me that if the building is on our land, gratuitous occupation will be allowed pending the time it may be needed for our purposes, If, on the other hand, it should be Maori Land, then no question of rent for use and occupation can now arise since when final settlement of all outstanding Maori claims took place a few years ago it was directed that all claims should be settled in full and no adjustments postponed or permitted in respect of buildings, remaining on Maori land, that might, or might not, be later handed over to Maori interests. 143 This will answer your query regarding rent being taken into consideration. Judge Carr notified Mr. Keehan and Mrs. Alice Jackson: I had raised the question of rent for use and occupation as the building is on land owned by the Maoris, but it would seem that the State Hydro will not recognise such a claim.144 It had been suggested that the sum be accumulated and paid out in full upon termination of the lease. 145 When the land was finally vacated however, and the lease over the 12 acres of land leased to the Public Works Department was terminated in 1955 there appears to have been no mention of accumulated rent money.146 Instead the land was restored to its owners and the water supply on the land was given in full settlement for all claims of outstanding rents. 142 Judge Carr to T. Keelan, 30 October 1950, & District Engineer to General Manager State Hydro-Electric Department 15 November 1950, Heiotahoka Court Block Correspondence File 8/3/55. 143 District Electrical Engineer to Judge Carr, 13 March 1951, Heiotahoka Court Block Correspondence File 8/3/55. 144 Judge Carr to Mr. T.J. Keehan (copy to Mrs. A. Jackson), 29 March 1951. Heiotahoka Court Block Correspondence File 8/3/55. 145 Walzl, Tony 'Waikaremoana: Tourism, Conservation and Hydro-electricity (1870-1970), (Wai 894, #A73) para 2.178. 146 Court Order, 4 May 1955, Wairoa Minute Book 57/97 Heiotahoka 2 & 2B Block Order File 120A 71 ------.------~~~------. Table: Heiotahoka Reserve Reserve Heiotahoka Original block Taramarama Original size of reserve 445.50 ha. (ML 3301) Current area of remaining Maori land 429.23 ha. Percentage of Maori land remaining 96% Current statusl type of tenure The bulk of the land is Maori freehold Parcels currently Maori owned Heiotahoka 1A Heiotahoka 1 B Heiotahoka 2A Heiotahoka 2B (See also Te Kopani 36 & 37) Alienated parcels Pt Heiotahoka 2 State Hydro Development (two sections: 12.1782 ha. & 0.6955 ha.) (Gaz. 1941 p. 1861) Piripaua Road (Gaz. 1941 p. 1858) Road (SO 1654) Survey plans ML 3301 ML 3390 ML 3719 Gazette notices 1885 p. 246 (temporary reserve) 1885 p. 508 (permanent reserve) 1921 p. 2333 (restriction on alienation) 1922 p. 2273 (extending restrictions on alienation) 1923 p. 877 (further extension on alienation) 1938 p. 1021 (public works) 1941 p. 1861 (Hydro) 1941 p. 1858 (Road) 72 Heiotahoka Current Maori Land Parcels Current Maori Land Parcel: Heiotahoka 1A Parcel Name Heiotahoka 1A L TO Reference PR 6C/603 Parcel Size 15.3780 ha. Number of Owners 44 Survey Plan ML 3719 Title Order Type Partition Order Current Status Maori Freehold Date of Order 22/06/1931 Current Maori Land Parcel: Heiotahoka 18 Parcel Name Heiotahoka 18 L TO Reference PR 6C/604 Parcel Size 80.9371 ha. Number of Owners 241 Survey Plan ML 3719 Title Order Type Partition Order Current Status Maori Freehold Date of Order 22/06/1931 MANAGEMENT DETAILS Block name Heiotahoka 18 Structure Heiotahoka 18 Trust Date of order 05/03/1996 name Structure Ahu Whenua Trust Minute Book 94 WR 299-303 type Reference Current Maori Land Parcel: Heiotahoka 2A Parcel Name Heiotahoka 2A L TO Reference Parcel Size 0.1179 ha. Number of Owners 11 Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 18/02/1960 Current Maori Land Parcel: Heiotahoka 28 Parcel Name Heiotahoka 28 L TO Reference Parcel Size 332.7924 ha. Number of Owners 673 Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 18/02/1960 See Te Kopani 36 & 37 for management structure 73 Heiotahoka Alienated Parcels Current Alienated Parcel: Piripaua Road NZ Gazette 1941 p. 1861 Total area: 7a 3r 23.2p. I PUBLIC ROAD [?] I Survey Plan: SO 4112 Current Alienated Parcel: Pt Heiotahoka 2 State Hydro-Development NZ Gazette 1941 p. 1861 Total area: 12.8737 ha. I STATE HYDRO SCHEME I Survey Plan: SO 4112 Two parcels 12.1782 ha. & 0.6955 ha. [?]Current Alienated Parcel: Paper road [?] SO 1385 (March 1881) indicates that the road was already surveyed prior to the Gazette notice proclaiming the reserve in 1885. Total area: 5a Or 05.4p. I PAPER ROAD I Survey Plan: SO 1385 Court Order Wairoa MB 48/76 indicates that this road should have been revested with the owners of Heiotahoka NO.2. However this road remained on subsequent cadastral maps and is at present still indicated on the Landonline system. 74 Heiotahoka Heiotahoka Summary of Partitions Date of Block Area Superseded Notes Order Pre-Consolidation Commission Partitions. 9:0:27 (3.71 Cancelled by Consolidation Heiotahoka 1 1/6/1921 Cancelled ha.) Commission. 15:0:0 (6.07 Cancelled by Consolidation Heiotahoka 2 1/6/1921 Cancelled ha.) Commission. 800:0:0 Cancelled by Consolidation Heiotahoka 3 1/6/1921 Cancelled (323.75) Commission. Cancelled by Consolidation Heiotahoka 4 1/6/1921 30:0:00 (12.04) Cancelled Commission. 245:3:13 Cancelled by Consolidation Heiotahoka 5 1/6/1921 Cancelled (98.48) Commission. Post Consolidation Commission Partitions 862:0:0 (348.84 Heiotahoka 1 5/9/1925 Superseded " (Whanaupani)" ha.) Heiotahoka 2 5/9/1925 238:0:00 (96.32) Superseded "(Ruapanis)" Heiotahoka 1A 22/6/31 15.3780 ha. CURRENT Heiotahoka 18 22/6/31 80.9371 CURRENT Heiotahoka 2A 18/2/60 0.1164 CURRENT House section Heiotahoka 28 18/2/60 332.7925 CURRENT 75 TE KOPANI Te Kopani, like the other three southern Urewera reserves, was first declared a 'temporary reserve' in 1885,147 and then later gazetted as a permanent reserve. 14B Partitioning of the original reserve occurred in three major phases: the "Consolidation Partitions" of 1925, the Te Kopani No.4 partitions 1940-53, and the 1980-82 partitions. Most of the parcels of land removed from Maori ownership within the area of the original reserve have been taken for public works purposes. Three of the parcels of land (which are today outside of the Maori land system) were originally removed for the purposes of a road and were not returned when the sections of road were closed. Another parcel of land was removed for the hydro-electric scheme in 1941. This parcel also remains outside of the Maori land system. Two parcels of land were removed for the purposes of a school, although one of these parcels was subsequently revested back into the original Maori land blocks. The other parcel remains the site of the current Kokako School. Two parcels of land were removed for Maori housing purposes. Both of these blocks remain outside of the Maori land system although both are now owned by the Waikaremoana Maori Committee. Two further areas within the block were declared a Native reservation in 1927. Today a number of parcels within the area are Maori reservations. 147 New Zealand Gazette, 1885 p.246. 148 New Zealand Gazette, 1885 p.508. 76 Graphical Representation Only ~ cultivations 0 1km I WT noel harris: sep 2002 E::::J swamps : 0 500yd 1000yd 1///1 road ~:r:r:~~ closed road ~ bush rn urupa ~ .' --::.~- .-.--- 4 1925 partitions Source: ML 3383 Figure 6 Status of Te Kopani reserve in c.1930 Graphical Representation Only WT noel harris: sep 2002 1"1 Non Maori land / For road changes, see Fig 8 Figure 7 Current status of Te Kopani reserve Te Kopani Partitions Te Kopani has been extensively partitioned. This partitioning occurred in three main stages. The first was in 1925 when the block was divided into Te Kopani 1,2,3,4,5 and 6. The second period was between 1940 and 1953, which resulted in the partitioning of the Te Kopani 4 block. The last and perhaps most significant partitions were carved out in two stages in December 1980 and September 1982. Consolidation The Consolidation Commissioners initially planned to enlarge the Te Kopani reserve with a purchase of neighbouring general land. This purchase was intended for the owners of the Waikaremoana Block Residual List 1 (which in fact shared many names with those listed as owners of the Urewera reserves).149 Waikaremoana Block Residual List 1150 included the names of 317 Ngati Ruapani owners, which was considerably more than the list of 169 owners compiled by the earlier Commission for the "Urewera Reserves".151 Theoretically at least the consolidation scheme could have added more than 150 new owners of lands to the south of the Lake. However, the plan to purchase the land adjacent to the Kopani block was dropped, and the final list of owners for the two remaining southern reserves was left substantially the same as that originally proposed for the "Urewera Reserves Residual", with only a handful of additional owners. Instead of a greatly increased number of owners in the vicinity of the original reserve, the main tangible impact of the consolidation scheme upon Te Kopani area was the repartitioning of the block around the two communities of Kuha and Waimako. Although the actual partitions were determined in the Land Court, the idea of partitioning the blocks was evidently initiated in the Consolidation Scheme. The consolidation commission minute books record the concerns of particular owners. One owner, Natau Ihimaera, requested the partitioning, with 'Kuha & Waimako to be papakainga,.152 Ihimaera preferred that the residual owners be given the first priority with 149 Report on Proposed Urewera Lands Consolidation Scheme, AJHR G-7 p.9. 150 ibid. pp. 34-36. 151 Ibid. pp. 33-34. st 152 Urewera Minute Book 2A (Consolidation Commission) 21 February 1925 p. 222. 79 the balance then going to those who he described as 'newcomers'. Another owner, Matamua, also supported the partitioning of Kopani and Heitahoka with the addition of 5 acres for the Waimako papakainga and an acre for an urupa. 153 The Commission indicated that there would be a survey to enable the NLC to partition the blocks and cut out the papakainga sites. They specified that no new lists of owners could be added to the existing lists on the titles. 154 The topographical surveys were conducted by Tai Mitchell and were approved as plan numbers ML 3301 (Heiotahoka) and ML 3302 (Te Kopani).155 1925 Partitions The topographical features of the Te Kopani block prior to the partitions (surveyed by Tai Mitchell) can be seen on plan ML 3302.156 The two communities of Waimako and Kuha are clearly evident, as are the position of the cultivations, and habitations. In September 1925, the Native Land Court sat at Kuha and decided the partitions. These are represented in the table below. Te Kopani partitions, 1925 Partition Size (acres) Owner Te Kopani No.1 167:0:0 'Whanaupani' list of owners 10' Te Kopani No.2 10:0:0 Waimako pa Te Kopani No.3 1:0:0 Ngarangitirohia Urupa; Four names given "as representatives of the owners of Kopani" Te Kopani No.4 592:0:0 'Ruapani' list of owners (with another name added) Te Kopani No.5 10:0:0 Te Kuha Pa; 'Ruapani' list of owners Te Kopani No.6 1:0:0 Wharekaponga Urupa; same representives as No.3. 153 Urewera Minute Book 2A (Consolidation Commission) 21 February 1925 p. 223. 154 Urewera Minute Book 2A (Consolidation Commission) 22 February 1925. p.227. 155 ML 3301, ML 3302, March 1925. 156 ML 3302 March 1925. 157 Wairoa MB 37/69-70,5 September 1925. 80 The two urupa parcels were associated with the Kuha papakainga. Another small urupa can be seen on ML plan 3302 in the south-western corner of the original Kopani reserve - within the subsequent Kopani NO.4 block. Unlike the other two urupa closer to the Kuha papakainga this urupa was not partitioned off from the parent block. 158 There were other specific requests made to the consolidation commission with regard to the partitions. Matamua Whakamua, on "behalf of the Whanaupani" asked that the Waimako papakainga be proclaimed a Native Reservation. There was no objection to this proposal and the Court recommended that Kopani No. 2 be set out under section 222/09 as "a Native Reservation for the common use of the owners thereof - the Whanaupani tribe."159 Similarly, Waipatu Winitana on behalf 'of the Ruapani' asked for the same recommendation for Kopani No. 5. 160 This was also unanimously supported, and also led to a recommendation from the Court that the area also be set aside as a reservation. Both proposed reservations were declared as such in 1927. Te Kopani No.2 was deemed to be "tribal or communal property" and was reserved under Section 232 of the Native Land Act 1909 'for the common use of the owners thereof as a Papakainga or village,.161 Te Kopani NO.5 was declared a reservation with a note on the partition order indicating that the reservation was for "the "Ruapani" tribe."162 The first partitions of the Te Kopani block were allocated primarily on the basis of the division between the Whanaupani and Ngati Ruapani communities. The Heiotahoka block was also similarly divided into "Whanaupani" and "Ruapani" sections and as with the Kopani block, the largest section was awarded to the Ngati Ruapani (see Heiotahoka section above). The instructions for the surveyor indicate that the area for Te Kopani No.2 (Waimako Pa), was to include the 'Waimako pa buildings' (to be pointed out by Matamua 158 See ML 3302. 159 Wairoa MB 37/71 160 ibid. 161 Court Order, Wairoa MB 37/71, Te Kopani Block Order File 240. See also New Zealand Gazette 1927, p. 1981. 162 Partition Order, Wairoa MB 37172, Te Kopani Block Order File 240C. 81 Whakamoe). Similarly, the Te Kopani NO.5 block was to include the "Kuha pa buildings" as indicated by Waipatu Winitana. 163 The original partitions were slightly amended, as recorded in the Wairoa Minute Book 38/10. 164 The areas to be partitioned were set out as follows: Partition Size (acres) Kopani 1 170:0:0 Kopani4 589:0:0 Heiotahoka 1 238:0:0 Heiotahoka 2 857:0:0 The surveyor notified Judge Carr however that there was a shortage of land in the available block: 'A shortage of area over whole block borne chiefly or wholly by Ruapani Taking Heiotahoka & Kopani together difference partly compensated & could probably be let slide'.165 The partitions are shown on ML 3383 surveyed by Robert Mowatt. As set out in the Court instructions to the surveyor, the Te Kopani 5 block enclosed the Kuha buildings, the Te Kopani 2 block the Waimako buildings. There were small differences between the areas set out by the Court and the partitions marked out on the ground. The Te Kopani 4 block at 582:3:23 (235.8887 ha.) was slightly smaller than the 592:0:0 (239.5739 ha.) originally set out by the Court. On the other hand the Te Kopani 1 block at 168:3:34 (68.3767 ha.) was slightly larger than originally set out. However the bulk of the land which was indicated as under cultivation in ML 3302 was included within the Kopani No.4 section.166 Survey charges for Te Kopani 1 and 4 amounted to a total of £184:2:9. This was split with £141 :6:3 charged for the Te Kopani No.4 partition, and the remaining £42:16:6 for Te Kopani No. 1.167 163 Instructions to surveyor, Wairoa MB 37/69. Te Kopani Court Block Correspondence File 8/3/116. 164 Wairoa 38/10 27 July 1926. 165 Note J. Harvey to Judge Carr, 7 April 1927. Te Kopani Court Block Correspondence File 8/3/116. 166 Comparing ML 3302 to ML 3383. 167 Charging Order for Cost of Survey, Wairoa MB 38/182, Te Kopani Block Order File 240A. 82 1940-1953 Te Kopani 4 Partitions In response to a complaint by an owner of the Te Kopani 4 block, there was a further application for the partition of the block. Mrs T. Lambert complained to the Registrar of her problems with other owners of the Kopani 4 block.16s She wrote that Mutu Tahu's cows had been eating the washing on her clothes line. She believed that the cows had been chased over to her area because Mutu Tahu's pigs had rooted up all of the pasture in his own paddock. Mrs Lambert complained that Mutu Tahu's mother, Paea Paora had threatened to cut down any fence, which Mrs Lambert might try to erect. The Registrar, in reply, told Mrs Lambert that it appeared that partition was the only solution for her problems. A partition application form was enclosed with this reply.169 Mrs. T. Lambert's section was the first of the Te Kopani 4 partitions. Te Kopani 4A was partitioned in 1940. The area partitioned appears to match that which had been used by Etere Karaihe. 170 Te Kopani 4B1 of 0:2:00 (0.2023 ha.) was later partitioned to provide a house section for John Waiwai. 17l The instructions to the surveyor stated: To be located South of a smalilakelet on the east of the turn off to Tuai. Surveyor to fix boundaries to confirm with configuration of locality with minimum frontage to the road. 172 Te Kopani 4B2A was partitioned to provide a house section for Wiremu Waiwai. A quarter acre was to be partitioned.173 The instructions to the surveyor: Located within the 5a: 2r: 32p [evidently a part of Te Kopani 4 which may be seen on ML 3383] and to front road. Site is said to be already levelled.174 168 Alice Glass (also known as Mrs. T. Lambert) to the Registrar, 21 April 1939, Te Kopani Court Block Correspondence File 8/3/116. 169 Registrar to Mrs T. Lambert, 6 July 1939, Te Kopani Court Block Correspondence File 8/3/116. 170 See ML 3302, March 1925. 171 Partition Order Te Kopani 4B1, Wairoa MB 50/238, 5 August 1946. Te Kopani Block Order File 240B. 172 Instructions to surveyor, Te Kopani 4B1 and Te Kopani 4B2. Te Kopani Block Order File 240B. 173 Partition Order Te Kopani 4B2A, Wairoa MB 51/91, 15 January 1948. Te Kopani Block Order File 240B. 174 Instructions to surveyor, Te Kopani 4B2B, Te Kopani 4B2A. Te Kopani Block Order File 240B. 83 However the sketch of the partition evidently did not match the levelled area, although this would not be revealed until some years later (see below). Te Kopani 48282 was partitioned in 1948 for Mereana Anderson or Waiwai.175 Te Kopani 48281 was partitioned for Hinehou Iriwhare at the same time.176 Te Kopani 48283A was similarly partitioned for Takapau Waiwai on 2 September 1949.177 Te Kopani 4828381 for Ngarangi Winitana in February 1950.178 The Te Kopani 4828382A partition was for Jimmy Isaacs Junior, and was partitioned on 12 May 1953. 179 The description of the unsurveyed parcel indicated that the land was to be 'cut in the corner of the turn off to Tuai and to enclose old house. To have frontage of 1 chain to road'. 1980-82 Housing Partitions The last and most comprehensive phase of partitions was to provide housing sites for the Te Kopani area. These partitions were an effort to address some of the long standing problems with the provision of a congregation of house sites, and therefore a viable community upon Maori land. The partitioning of the land occurred in two phases. In the first part of the process, the reservation status of Te Kopani No.2 and Te Kopani No.5 were cancelled,1Bo and the land was amalgamated into two large blocks with areas set aside to be vested in the Crown for the purposes of the Maori Housing Act. The lease on Te Kopani 48283828 was also surrendered, apparently to allow for the amalgamation of the block.1B1 In the second phase, the new amalgamated blocks were divided into a large number of partitions. The two interim blocks which were created 175 Partition Order, Wairoa MB 51/279, 25 January 1948, Te Kopani Block Order File 240B. 176 Partition Order, Wairoa MB 51/278.25 January 1948, Te Kopani Block Order File 240B. Partition Order, Wairoa MB 51/278, 25 January 1948, Te Kopani Block Order File 240B. 177 Partition Order, Wairoa MB 51/372, 2 September 1949. Te Kopani Block Order File 240B. He Partition Order, Wairoa MB 52/13, 24 February 1950, Te Kopani Block Order File 240 B. 179 Partition Order, Wairoa MB 54/255, 12 May 1953, Te Kopani Block Order File 240 B. 180 New Zealand Gazette 1980, p.2197 and p. 2198 (two separate notices). 181 Extracts of Minutes from Wairoa M.B. 79/200-201, 8 May 1980. Te Kopani 4B2B3B2B had been leased to Dave Ranginui for a 21 year lease in 1969. This lease had been transferred to Glenny Ranginui in 1975 (See Memorial Schedule Te Kopani 4B2B3B2B Te Kopani Block Order File 240B.) 84 were Te Kopani 9 (Kuha),182 and Te Kopani 13 (Waimako).183 Nearly two years later, these two areas were both further partitioned into a large number of separate parcels. 184 The issue of housing in the vicinity of the Waimako and Kuha was addressed by the Wairoa Land Court in 1949. The Court stated that "it could not conceive the Crown advancing money to build houses on a Native Reservation because the individual could not give security over the house site." Instead a committee (which had apparently originally been nominated by locals with the hope that they would be in a position to select house sites) was approved to assist in the providing of advice in establishing house sites in the area. 18S In February 1973, the Tuhoe-Waikaremoana Trust Board made a submission to the Minister of Maori and Island Affairs. They complained of the poor housing in the Kuha and Waimako areas. They stated that they had made numerous approaches to the Department of Maori Affairs as well as the local council for permission to build houses near the two Marae. The Trust complained that they were unable to build houses upon their own land, evidently because of the restrictions imposed by the Wairoa District Council's district scheme. 18B The Trust contrasted the council's response to their requests with that given to the wealthy bach owners at the Onepoto subdivision.187 W. Wahanui wrote to the Minister of Maori and Island Affairs, Matiu Rata on 6 April 1974, stating that he had approached the local building inspector for permission to build a house on the site of his present house. This request had apparently been refused. 188 The Assistant Secretary reported to the Minister that the Gisborne District Office of the 182 See Partition Order, Te Kopani 9, Wairoa MB 80/2. 5 December 1980. Te Kopani Block Order File 240C. 183 See Partition Order, Te Kopani 13, Wairoa MB 79/383-4 & 80/1-2. 5 December 1980. Te Kopani Block Order File 240C. 184 See Te Kopani Record Sheet, Te Kopani Title Binder. 185 Extract of Wairoa MB 51/325-6. Te Kopani Court Block Correspondence File 8/3/116. 186 Submission to the Minister of Maori and Island Affairs, Tuhoe-Waikaremoana Trust Board. 18 February 1973, Te Kopani Court Block Correspondence File 8/3/116. 187 Ibid. 188 W. Wahanui to the minister of Maori and Island Affairs, 6 April 1974. Te Kopani Court Block Correspondence File 8/3/116. 85 Department of Maori and Island Affairs had found that the Waimako and Kuha reservations were zoned as rural in the Wairoa District Council's district scheme (and therefore the construction of residential dwellings in close proximity was restricted).189 The Department then questioned the Electricity Department if there was any spare housing available in the area. However the Electricity Department replied to the Gisborne District Office that there was no spare housing available at Tuai. 190 The problems facing the Te Kopani owners were to have been due to local government regulations and to the problems of providing house sites on land held in multiple ownership. The issue of the provision of house sites specifically on the Kopani Block was investigated by Jane Bishop as the subject of a thesis for the School of Architecture at Auckland University.191 A number of apparently quite novel proposals were developed to address the problems faced. On 18 February 1980 a meeting at Kuha agreed with a proposal put forward by the Maori Trustee. This proposed a series of applications to effectively redraw Te Kopani block. These proposals were subsequently put to the Maori Land Court at Wairoa on 8 May 1980. Mr. Dave Ranginui said that he was in favour of the proposed plan, however Mr. Winitana stated that the Kuha owners wanted an amalgamation followed by new partitions, rather than just an amalgamation of their area. 192 He was told that the Maori Trustee would have to apply for a later partition. Eight days later the Court again heard the case for the proposed redrawing of the Te Kopani blocks. At this early stage it appears that the owners of the two areas might be heading in separate directions, with a request that the Kuha area be amalgamated and partitioned, and that the Waimako area be amalgamated with an area of that land set aside for a reservation. The plan as originally proposed and at least initially considered 189 Assistant Secretary to Minister of Maori Affairs, 14 May 1974, Te Kopani Court Block Correspondence File 8/3/116. 190 District Manager New Zealand Electricity Department to the Assistant District Officer Department of Maori and Island Affairs. 13 May 1974. Te Kopani Court Block Correspondence File 8/3/116. 191 Referred to in Wairoa M.B. 79/200,79/217, 8 May 1980. Jane Bishop, "Kuha and Waimako - Planning Marae Housing." MA Thesis, University of Auckland, 1978. 192 Extracts of Minutes from Wairoa M.B. 79/200-201,8 May 1980. 86 for the Waimako area appears to have been quite novel. The Court made the following comments on the proposal: There are a number of special circumstances applying to the Waimako Marae and the nearby Kuha Marae which make them something in the nature of experiments under the recent amendment to the Town and Country Planning Act. Mr Green appearing for the Maori Trustee on 8 May said that there had been considerable interest and assistance from outsiders. An example is the very full plans provided by the Lands and Survey Department. I have read with interest the thesis of Ms. Jane Bishop entitled "Kuha and Waimako - Planning Maori Housing" submitted in 1978 to the University of Auckland for the degree of Bachelor of Architecture. While the middle-class suburban subdivision of one-fifth acre sections sealed roads with kerbing, channelling and concrete footpaths is clearly inappropriate for marae housing the question of what would be appropriate had seemed to me to be a very difficult one. Ms. Bishop shows that on the contrary it is extremely simple. She says at page 56 "after a general discussion about how the settlement might develop with regard to services and roading, the intending builders took a stake each and planted it in the general area of their chosen site". However, for the people who will be responsible for giving titles that the intending builders can use as security for loans the position is not so simple. Ms Bishop as page 21 refers to " ... the traditional attitude to a house as makeshift and temporary, purely a shelter" In the past when an individual owner has built a house on land held in multiple ownership the court has on occasion made an order under section (30) (1 )(a) determining that the person who built the house is entitled to possession of it. This is a breach of the traditional English legal concept that things fixed to soil form part of that soil. That is, that the title to land carries with it the ownership of everything permanently fixed to the soil. The Court went on to suggest that new legislation was possibly required: The solution to the question of title to houses by a Marae may be to give the Court jurisdiction on the application of the Trustee to make an order determining the ownership a particular house now standing or to be built within a specified time limit. The same legislation could provide for such an order to be registered at the Land Transfer Office 87 and for a separate Land Transfer Title to be issued and to be security for a loan in the same way as if it were a freehold title to the land on which the house stood. The Mortgagee would have no security over the land itself. The house would need to be identified but this could be done defining it as the house over and within a specified radius of a specified single survey peg. The Court would need to also have jurisdiction to cancel such an order on proof that the house had been demolished, substantially destroyed or condemned by the local authority. The Maori Trustee will need to investigate how title should be given and the foregoing is no more than a suggested line of enquiry. If the best solution is amending legislation then the obvious people to seek outside support and press for such legislation would be the Advisory Trustees and not the Maori Trustee himself. 193 As it turned out, however, the final shape of Te Kopani would be determined along rather more conventional lines, with a repartitioning of both the Kuha and Waimako areas, two blocks becoming vested in the Crown for the purposes of Maori housing, and several Maori owned roadways established. The application for the Te Kopani No.1 and No.2 blocks was summarised as follows: (a) a recommendation that the existing reservation be cancelled an order amalgamating the two titles (b) a recommendation that part of the land be set aside as a reservation for the purpose of a marae (c) an order vesting the balance area in the Maori Trustee upon certain trusts (d) following the issue of the gazette notice creating the new reservation an order vesting it in trustees under Section 439 (7) of the Maori Affairs Act 1953.194 The applications for the Kuha area were similar, although as already indicated the owners of the Te Kopani 48283828 and Te Kopani 5 wished to obtain separately partitioned titles. 195 193 Wairoa M.B. 79/217-18, 16 May 1980. 194 Extracts of Minutes from Wairoa M.B. 79/214-222, 16 May 1980. The Judge noted that 'the objective, as I understand it, is to use the land for community purposes including the provision of housing sites by the Marae.' 88 Further hearing The Court then determined that as it was not satisfied that all the owners had been fully notified of the applications and because the cancellation of the reservation status of the No.2 block had not yet been declared, another hearing was needed to hear the proposed amalgamation of the Te Kopani No. 1 and No. 2 blocks. The Court determined that after the reservation status of Te Kopani No.2 had been cancelled the Registrar was to give at least seven days notice of the hearing to decide upon the applications. The notice was to be advertised in the Wairoa Star and Gisborne Herald as follows: Amalgamating the titles to Te Kopani No.1 and Te Kopani 2 to one title to be called Te Kopani8 Recommending that a part of Te Kopani 8 be set aside as a Maori reservation for the purpose of a Marae for the common use and benefit for the people of the Waimako Marae. Vesting the balance of the Te Kopani 8 in the Maori Trustee upon Trust to hold the land for the benefit of the people of the Waimako Marae including a power to lease or transfer the freehold of house sites to people wishing to build by the marae. As the owners of the Kuha areas of Te Kopani wanted their house sites partitioned off from the amalgamated block, the notice to appear for the Te Kopani 48283828 and Te Kopani 5 blocks differed to that for the Te Kopani No.1 and Te Kopani No.2 blocks and was to read as follows: Amalgamating and re-partioning the titles to Te Kopani No. 4B2B3B2B and Te Kopani 5 (Te Kuha Pa) to two new titles. Recommending that a part of one of the new titles be set aside as a Maori reservation for the purpose of a Marae for the common use and benefit for the people of Kuha Marae. Vesting the balance of the land in the Maori Trustee upon trust to hold the land for the benefit of the people of the Kuha marae including a power to lease or transfer the freehold of house sites to people wishing to build by the marae. Owners may obtain further information from the Court Office, Gisborne and any owner who wishes to be heard should tend or arrange to be represented at the hearing. B.E. AUewell 196 REGISTRAR 195Wairoa M.B. 79/219,16 May 1980. 196Wairoa M.B. 79/219-220, 16 May 1980. 89 The proposed S. 438 trust for the amalgamated Waimako area was: (1). To assist persons belonging to Waimako Marae to build on the land by making house sites available to such persons whether by way of sub-dividing the land and leasing or selling the freehold or otherwise provided however, that the Maori Trustee shall not make a house site available without first satisfying himself that the person seeking the house site is able to build and in making the house site available, the Maori Trustee shall impose such conditions and do such things as he shall consider appropriate to ensure that the site is built on and that such building is thereafter used as a house by persons belonging to the Marae.197 At this stage it was proposed that the Kuha area would be amalgamated in a different fashion. Te Kopani 5 parcel and parts of the Te Kopani 48283828 parcel would be amalgamated under one title, and that part of that one title would be declared a reservation. The remainder of the relatively large Te Kopani 48283828 would be issued a separate title. It was further stated that if additional partition orders were made these partitions would be conditional on the two new titles being surveyed within two years. 19B The Gazette notices cancelling the reservation status of Te Kopani 1 and Te Kopani 5 appeared in the July Gazette. 199 Notices announcing the hearing to decide upon the applications were published in the Gisborne Herald and Wairoa Star. The hearing was held at Wairoa on 5 December 1980. Application for the amalgamation of Te Kopani 5, Te Kopani 48283828 and Te Kopani 48281 was made. 20o The application for the inclusion of Te Kopani 48281 was apparently made because it was believed to be located in the required accessway to the proposed amalgamated block. Mr Green acting on behalf of the Maori Trustee stated that: 197 Wairoa M.B. 79/215-216, 16 May 1980. 198 Wairoa M.B. 79/220, 16 May 1980. 199 New Zealand Gazette 15 July 1980 pp. 2197-8. 200 Extracts of Minutes from Wairoa M.B. 79/377, 5 December 1980. 90 Te Kopani 4B2B1 is a solely owned block of land. Part was taken for a road. There is now only 13p. left. Original area 2r.5p. The remaining 13p. could not be used as a house site. Proposed roadway would run through part of it. Sole owner was Hine Mokai.201 Son of Hine Mokai, Whakaari Ruawai, confirmed that she was the living owner and it was corroborated by others present at the Court.202 The Court determined that Mokai Hine would have to be present for the application to incorporate her land. John Waiwai however argued that there was no need to incorporate Te Kopani 48281 as, 'the road to the pa has always been in the same place. The 48281 could not have been located on the road'. 203 After further discussion the Court decided: On the information now available to the Court the Court is satisfied that the Kuha roadway has been in the same position at all relevant times & that the Court, when making the P.O. creating 4B2B1, gave the Surveyor adequate discretion to locate 4B2B1 in a sensible position. A position blocking the Kuha roadway would in fact have been contrary to the intention of the Court. The R.73 requisition is cancelled. 204 Te Kopani 48281 was therefore not amalgamated with the surrounded blocks and remains today as an unsurveyed Maori land parcel. Instead Te Kopani 48283828 and Te Kopani 5 were amalgamated. Four new partitions were then established from this block:205 Block Owners Te Kopani 7 in the name of Hinekura. (to be subject to negotiation to be acquired by the Crown to provide pensioner housing) Te Kopani 8 in the name of Ruapani Te Kopani 9 in the names of present owners of Te Kopani 5 201 Mr Green. Extract of Wairoa MB 79/378, 5 December 1980, Te Kopani Alienation File 19/20/1. 202 Extract ofWairoa MB 79/378,5 December 1980, Te Kopani Alienation File 19/20/1. 203 Extract ofWairoa MB 79/380,5 December 1980, Te Kopani Alienation File 19/20/1. 204 Extract of Wairoa MB 79/380, 5 December 1980, Te Kopani Alienation File 19/20/1. 205 Extracts of Minutes from Wairoa M.B. 79/380-1, 16 May 1980. 91 I Te Kopani 10 I in the names of the owners of 48283828 A similar approach was taken with the Waimako area. Three new partitions were to be created: Block Owners Te Kopani 11 in the name of Whanaupani (to be subject to negotiation to be acquired by the Crown) Te Kopani 12 in the name of Tuhoe Potiki Te Kopani 13 in the names of the present owners ofTe Kopani 1 and Te Kopani 2. The final shape of the area was to be decided by a hearing at the Waimako Marae on 25 September 1980. Mr Green, acting for the Maori Trustee explained to the Court that since the hearing there had been a number of meetings with departmental representatives and local people of both Kuha and Waimako Marae. As a result of these meetings, Green set out a list of requested orders.206 These are summarised in the tables below: Requested orders for the Kuha area Block Owners Te Kopani 8 Ine the name of Hinekura Te Kopani 10 In the name of Hinekura Te Kopani 25 In the name of Hinekura Te Kopani 26 In the name of Hinekura Te Kopani 34 In the name of Hinekura Te Kopani 27 In the names of the present owners of Te Kopani 9 Te Kopani 28 In the names of the present owners of Te Kopani 9 Te Kopani 29 In the names of the present owners of Te Kopani 9 Te Kopani 30 In the names of the present owners of Te Kopani 9 Te Kopani 31 In the name of Ruapani Te Kopani 32 In the name of Ruapani Te Kopani 33 In the name of Ruapani 206 From Wairoa MB 81/205-6 92 Te Kopani 35 In the name of Ruapani Te Kopani 36 In the names of the present owners of Te Kopani 48283828 Mr Green also asked that the Court recommend that Te Kopani 8, Te Kopani 10, Te Kopani 25, Te Kopani 26 and Te Kopani 34 be declared as a reservation at Kuha. The proposed Waimako Marae blocks were set out in a similar fashion. 207 Requested orders for the Waimako area Block Owners Te Kopani 14 in the name of Whanaupani Te Kopani 15 In the name of Whanaupani Te Kopani 16 In the name of Whanaupani Te Kopani 17 In the name of Whanaupani Te Kopani 18 In the name of Whanaupani Te Kopani 24 In the name of Whanaupani Te Kopani 19 In the name of Tuhoe Potiki Te Kopani 20 In the name of Tuhoe Potiki Te Kopani 21 In the name of Tuhoe Potiki Te Kopani 22 In the name of Turi-o-Kahu Te Kopani 23 In the name of Turi-o-Kahu Te Kopani 37 I n the names of all the owners. An application was made that Te Kopani 19, Te Kopani 20 and Te Kopani 21 be declared as a Maori Reservation at Waimako. 207 Wairoa MB 81/206-7 93 The Papakainga housing areas were set out as follows: Kuha: Te Kopani 27, Te Kopani 28, Te Kopani 29 and Te Kopani 30 Waimako: Te Kopani 14, Te Kopani 15, Te Kopani 16, Te Kopani 17, Te Kopani 18 and Te Kopani 24 Green also requested a number of changes to the wording of the trust orders. One such order was to read: To assist persons belonging to Waimako Marae to build on the land by making house sites available to such persons whether by way of sub-dividing the land and leasing or selling the freehold or otherwise, providing however, that the Maori Trustee shall not make a house site available without the concurrence of the Marae Trustees first satisfying himself that the person seeking the house site is able to build and making the house site available, the Maori Trustee shall impose such conditions and do such other things as he shall consider appropriate to ensure that the site is built on and that such building is thereafter used as a dwelling house. In the event of a transfer, first preference to be given to the persons belonging to the Marae.208 There were problems implementing the Court's decision. These difficulties were apparently based in part on problems with the retyped minutes of the hearing. The time limit for the completion of the required plans was originally one year from 25 September 1982. This was extended to a period of two years from the same date by a Court order in November 1983.209 Several of the Court's orders were held up, apparently due, at least in part, to the delay of surveys. There were also a number of problems with the wording of the trust orders. Today the majority of the parcels within the area of the old reserve are managed by trusts. The Te Kopani 8, 10,25,26 & 34 Trust and the Te Kopani 19, 20, 21 Trusts are managed as reserves. The Te Kopani 27, 28, 29 & 30 Trust, the Te Kopani 31, 32, 33, 208 Wairoa MB 81/207 209 Judge [?] to Registrar 12 January 1984. Te Kopani Court Block Correspondence File 8/3/116. 94 & 35 Trust and the Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Trusts are Ahu Whenua Trusts. Reservations A number of sections within the area of the original Te Kopani block have been set aside as reservations over the years. The first and most obvious was the entire block itself, which was declared a reserve at its inception. The 1925 partitions following the Consolidation Scheme led to two papakainga reservations centred on the Kuha and Waimako areas. Both Te Kopani 5 and Te Kopani 2 were declared as Native Reservations by separate notices in the New Zealand Gazette. 210 These reservations were cancelled in 1980 to allow for the last round of partitions.211 Today a number of parcels within the area of the original Te Kopani reserve are reservations. Again these reservations centre upon the Kuha and Waimako areas. Another reservation is located in the Te Kopani 4A parcel, the first of the Te Kopani 4 partitions. This reservation is for the "purpose of a cemetery for the common use and benefit of the descendants of Thomas Charles Lambert and Alice Karaihe Lambert."212 The two urupa blocks of Te Kopani 3 and Te Kopani 6 were declared as a reservation in 1977: ... for the purpose of a cemetery for the common use and benefit of the persons in whom the land known as Kopani Block was vested by an Order of Exchange, made at Rotorua on the 9th day of April 1924, by the Commissioners appOinted under the Urewera Lands Act 1921-1922, the descendants of those persons in whom such land was so vested and the people of New Zealand generally.213 Several of the partitions determined in 1982 are also Maori reservations. These include Te Kopani 8,10,19,20,21,25,26 and 34. 210 New Zealand Gazette, 9 June 1927, p. 1981 211 New Zealand Gazette, 1980 pp.2197-2198. 212 New Zealand Gazette, 1987 p.1792-3. 213 New Zealand Gazette, 1977 p. 1475. 95 Roadways Land removed for roads has been one of the more significant factors in the alienation of portions of the Te Kopani area. Three of the parcels of land which have been permanently alienated were originally taken for a public road, and were not returned when the road was subsequently closed. The first road marked through the Te Kopani area (was 100 links wide and) bisected the block. This had evidently been marked out prior to the declaration of the blocks as a reserve. 214 This early road through the centre of the block, which was estimated to cover an area of 8 acres 2 roods and 31 perches (3.52 ha.). It lay between the Kuha settlement and the Whakakoponga urupa, but was closed by the consolidation commissioners. 215 The land was vested in the "same persons and according to the same shares as set out in the order of exchange dated the 9th of April 1924 ... ". An additional road was formed at some stage to the north of both the Waimako and Kuha papakainga. This road was apparently named "Hallett's Road" and is clearly evident on plan SO 2385, which appears to have been surveyed some time prior to the 1896 court order for the lease of the School.216 Although this road was already in place by the time the school site was leased in 1896, it was still marked "Formed Road not legalised" on the survey attached to the Order for Exchange issued for the Kopani Block in 1925.217 Another road connecting to Hallet's Road was proclaimed a legal road in February 1922. This road is indicated on plan SO 1382216 and is today known as "Tuai Main Road". 214 New Zealand Gazette, 1885 p. 246. See also survey attached to court awarded title. Te Kopani Block Order File 240. 215 Order Closing a Road, under The Urewera Lands Act 1921-1922 and The Native Land Amendment and Native Land Claims Adjustment Act, Kuha 22 February 1925. Te Kopani Block Order File 240. See also Urewera Minute Book 2A (Consolidation Commission) 22 February 1925 p. 230. 216 SO 2385 marked "Produced on Definition of Crown Interest at Wairoa the 18 July 1896" 217 Order for Exchange, under The Urewera Lands Act 1921-1922, Kuha 13 February 1925. Te Kopani Block Order File 240. 218 SO 1382 January 1921. 96 The Consolidation Commissioners recommended that the newer road, which had clearly already been formed to the north of the original public road, was to be declared a public road under the Native Land Amendment Act 1913. The Commissioners notified the Minister of Lands of this recommendation. 219 Until proclaimed as a public road, the road was to be known as the "Kopani Road line.'>22o The newly declared road covered an area of 10:2:18 (4.29 ha.) and was proclaimed as a public road in the New Zealand Gazette in 1930.221 It is now a part of State Highway 38 or Lake Road. In 1951, a significant extension to the road, which is now State Highway 38, was announced in the Gazette. The areas which were to be taken were evidently to allow a straightening of the road, and were to leave quite large areas of legal road unused. The Registrar of the Maori Land Court explained to the District Engineer that as the partitions of the Te Kopani 4 block had not been surveyed, it had as a consequence been difficult to access the impact of the proposed road extensions upon the Te Kopani blocks. However the Te Kopani 4B2B3B2 Block was identified as the section which would lose most land. 222 The Registrar, in reply, saw no objection to the taking of the land "except that the owner of Kopani 4B2B1 should be consulted since her section seems to be absorbed in the scheme.,,223 219 Order recommending "Road line to be declared a Public Road" under The Urewera Lands Act 1921-1922 and The Native Land Amendment and Native Land Claims Adjustment Act, Kuha 22 February 1925. Te Kopani Block Order File 240. 220 Order for a Road Line, under The Urewera Lands Act 1921-1922 and The Native Land Amendment and Native Land Claims Adjustment Act, Kuha 22 February 1925. Te Kopani Block Order File 240. 221 New Zealand Gazette 1930 p. 1877. 222 Memorandum, Registrar to District Engineer, 6 July 1952 Te Kopani Court Block Correspondence File 8/3/116. 223 Registrar to District Commissioner of Works 12 September 1951, Te Kopani Court Block Correspondence File 8/3/116. 97 Graphical Representalion Only WT noel harris: sep 2002 500m , 500yds Waimako Pa Sources: SO 4575 SO 6029 SO 6459 SO 8675 SO 8639 Waimako Pa closed , /, Te Kopani Source: Figure 8 Extension to roads 1952 - Te Kopani reserve Compensation The Land Court recorded the amounts of compensation to be paid for the road takings. Ten pounds was to be paid to the owners of Te Kopani No.1 and forty pounds for the owners of Te Kopani No. 4828382.224 The owner of Te Kopani 48281 was compensated five pounds for the loss of nearly the whole section. Compensation for extension to Lake Road (Wairoa M.B. 54/13) Pt. Te Kopani No.1 Oa :2r :10p £ 5-0-0 Pt. Te Kopani No.1 Oa :2r :03p £ 5-0-0 Pt. Te Kopani No. 48281 Oa :1r :32p £ 5-0-0 Pt. Te Kopani No. 4828382 3a :3r :30p £ 40-0-0 The impact of the alienations on Te Kopani 48281 is however unclear. The Te Kopani Record Sheet indicates that a mere 13 perches (0.0329 ha.) remained and this is carried into the MUS system records. Terralink 1997 however indicates a relatively large section of 0.2150 hectares, but there does not appear to be anything in the Tairawhiti Maori Land Court records to support this. Several of the roadways within the block are privately owned. These roadways remain within the Maori land system and have separate block files within the MUS system. A roadway one chain wide was laid to the Te Kopani 5 (Kuha) block in 1950.225 This roadway was subject to a variation in 1980 under Section 423/53. 226 The current Maori owned roadways on the block are based upon the 1980-82 partitions. Alienated Parcels Derived from Closed Roads The sketch of Te Kopani 48281 and Te Kopani 482A indicates that it was originally intended to be a relatively long section with a narrow road frontage. 227 However as indicated above the bulk of the 48281 block was taken for the extensions to Lake Road. 224 Compensation Order, Wairoa MB 54/13, 19 September 1952. 225 Court order, Wairoa MB 52/171. Te Kopani Block Order File. 240C. 226 Wairoa M.B. 80/4 Not copied. 227 Sketch of Te Kopani 4B2B1 and 4B2A, Te Kopani Correspondence File 8/3/116 99 A problem arose when closed roadway (now Section 54 Blk III Waiau SO) was earmarked for sale to the Returned Servicemen Association. It was apparent that the neighbouring area marked out for a house for Wiremu Waiwai had been poorly located and that the area bulldozed for the section in fact lay largely outside of the area set out by the court. The court had intended that the section would front on to the roadway (which it did on paper, but not in practice -the actual road lay a short distance away).228 The Partition Order indicates that the site had already been leveled prior to partition, so it appears that the area indicated on the sketch of the unsurveyed parcel lay slightly outside that intended by the proposed owner. The District Commissioner of Works suggested that the most appropriate approach to Te Kopani 4B2A would be from the western side. This would also allow the whole of Section 54 to be sold to the RSA without requiring an access way for Te Kopani 4B2A through the proposed RSA section. The area marked out on the 1997 Terralink system map seems to indicate that Te Kopani 4B2A was in fact relocated somewhat to the west, although the shape of the section differs somewhat to that suggested by the District Commissioner of Works. The District Commissioner of Works also pointed out that the fence for the Maori owned farmland neighbouring the intended RSA section lay well within the proposed RSA section boundary.229 Mrs. M. Adams on behalf of the Court Registrar replied: Taking all matters into consideration and in the absence of any plan defining the location of Te Kopani 4B2A, it seems that there should be no objection to the section being laid as shown by the broken red line on your sketch plan. This shows that, in principle it complies with the Court minutes upon partition and any approach to the Court in the matter should not be necessary.230 228 Plan attached to Distrct Commissioner of Works to Registrar, Tairawhiti District Maori Land Court, 28 September 1971, Te Kopani Court Block Correspondence File 8/3/116. See also Partition Order Te Kopani Block Order File 240B Wairoa MB 51/91 229 Distrct Commissioner of Works to Registrar, Tairawhiti District Maori Land Court, 28 September 1971, Te Kopani Court Block Correspondence File 8/3/116. 230 Mrs. M. Adams (for Registrar) to District Commissioner of Works, 6 October 1971. Te Kopani Court Block Correspondence File 8/3/116. 100 A certificate of title was issued to the Waikaremoana Sub-Branch of the Wairoa Returned Services Association Incorporated in April 1976. 231 The certificate of title appears to show that the land was acquired in October 1970. Section 55 was also derived from a closed road. The storekeeper Abdul Hay Solomon of Tuai was issued a certificate of title on 24 March 1975. The land was acquired in December 1974. This block has since been transferred to Nina Kirikiri.232 The block does not appear to have a Maori Land Court record and therefore remains general rather than Maori land. Section 1 on plan SO 8639 is also an area of closed road. According to Terralink 1997 this land now belongs to the Crown. Survey Office plan 8639 indicates that this section of closed road was possibly closed in 1993. Several parts of State Highway 38 were identified as "Road to be stopped (awaiting legalisation)" on the Terralink 1997 system. It does not appear that these areas of road have as yet been closed. 233 These areas are near the Mangaone Bridge and are indicated on SO 8675. 234 SO 8675 also indicates an area of land required for a future road. School Another significant alienation of Te Kopani land was taken for the purposes of a Native School in 1921 (now the site of the Kokako School).235 Interestingly, the School site predates this taking by more than twenty years. The site had been subject to an order vesting the land to the Crown by way of a lease for a period of 21 years from 18 July 1896.236 At the 1896 Land Court hearing, Rihau Puketapu was recorded as saying: I am deputed by the whole of the owners of this reserve to consent to the school site being vested in the Crown. It has been arranged as agreed between the owners and the 231 CT 4N588. Te Kopani Supporting Documents. Alienated Parcels Certificates of Title 232 CT 3D/1290. Te Kopani Supporting Documents. Alienated Parcels Certificates of Title 233 The areas are still shown as roads on Landonline. 234 SO 8675 July 1993. 235 New Zealand Gazette 1921 p. 1348. 236 Wairoa M.B. 9/208-918 July 1896. "Order vesting 4 acres part of "Kopane" in the Crown by way of lease 21 yrs from 1817196 (Expiration 1717/1919)" Te Kopani Block Order File 239. Maori Land Court Gisborne. 101 Government. . We have all seen the boundaries of the 4 acres and have no objection to make. Wi Hautaruhe, Winitana Te Paha [?]. and Hori Wharerangi withdraw the objections they made in writing to Mr Brooking Registrar NL Court. The land was to be rented "at an annual rental of one peppercorn". Survey Office plan 2385 indicates that the school site had been located on the site of an old plantation.237 The plan of the school site held by the Tairawhiti Maori Land Court is dated 1 January 1898.238 A note on the order vesting the lease indicates that a compensation claim was made on 29 June 1921, soon after the taking of the land was gazetted; "but evidently dismissed in error". 239 A second school site? Trouble arose when it was proposed that the school should be relocated closer to the Waimako papakainga. A petition was sent to the Director of Education by members of Whanaupani and Ngati Ruapani. Those who signed the petition complained that the proposed site was the only site for growing crops near to the Waimako papakainga, and was in fact already planted in potatoes.240 The petitioners instead asked that the school be rebuilt on the existing site "that was willingly given by our forefathers.,,241 The Director of Education contacted the Registrar of the Land Court claiming that he had been advised that the new school site had been unanimously supported by the local community, including, he believed, the owners of the blocks concerned. He alleged that the opposition was actually from absentee owners, adding: " ... it occurs to me that a number of signatories may have no financial interests in the property at all.,,242 He therefore asked that the names on the petition be checked against the owners of the blocks in question. The Registrar replied that several of the names on the petition were 237 SO 2385 marked "Produced on Definition of Crown Interest at Wairoa the 18 July 1896" 238 Te Kopani Block Order File, 239. 239 Te Kopani Block Order File, 239. 240 Two small cultivations are indicated on SO 4310 and a portion of the land was apparently fenced. SO 4310 October 1944 "KOKAKO NATIVE SCHOOL SITE". 241 Petition to Dr C.E. Beeby, Director of Education, September 1944. Te Kopani Court Block Correspondence File 8/3/116. 242 Director of Education to The Registrar, Native Land Court, Gisborne,5 December 1944. Te Kopani Court Block Correspondence File 8/3/116. 102 confirmed as owners and suggested that the other signatories may be owners using other names. The Registrar reminded the Director of Education that, as the land would be taken under the Public Works Act, the protest would have no bearing on the matter. He did however suggest that the name of the new School might be Kopani rather than Kokako, unless there was a school already of that name.243 A Gazette notice announced the intention to take the land for the new site on 9 January 1945.244 5 acres and 30.7 perches was to be removed from the No.1 block, and 29.6 perches from the No. 2 block.245 The taking of the land was published in the Gazette in May of that year. 246 This was consented to the following day.247 The school however was not built on the land and a Gazette notice dated 1 September 1965 declared that the land which had been taken for a public work and which was no longer required for the purpose for which it was originally taken was now Crown Land. 248 However, more than a year later, on 15 February 1967 this land was vested back to the owners of Te Kopani 1 and Te Kopani No 2 block.249 243 Registrar to Director of Education, 3 January 1944. Te Kopani Court Block Correspondence File 8/3/116. 244 New Zealand Gazette 1945 p. 10. 245 Although the Memorial Schedule for Te Kopani No. 1 incorrectly records that the land was taken for a road. See Memorial Schedule for Te Kopani No.1, Te Kopani Block Order File 240A. 246 New Zealand Gazette 1945 p. 449. 247 New Zealand Gazette 1945 p. 451. 248 New Zealand Gazette, 16 September 1965, No. 52 p. 1556. Further research would be required to answer why the school was not built on the intended site. 249 Wairoa MB 71/58-5915 February 1967. Te Kopani Court Block Correspondence File 8/3/116. See also SO 5714. SO 5714 October 1966. 103 o 1km 2km ~'==~~~~~'~,'=='~'==~=====>----~' 440yd 880yd 1320yd imile Source: Topomap 260-W18, Sept 1986 Figure 9 Topographical map around Te Kopani reserve Hydro scheme In July 1939 Wiremu Matamoe and Samuel Rurehe wrote to the Judge of the Native Land Court in Gisborne complaining about the removal of gravel from the Te Kopani 1 block for the purposes of road construction. We are instructed by members of the Whanaupani with interests in Kopani 1, to draw your attention that a road construction have been carried, and stones are having been removed from the same block for road purposes. Will you instruct the Resident Engineer of the appointment of Mr Sam Rurehe and Thompson Ranginui to check the yards of stones taken off from block from date of operation from now and on to assertain compensation and royalties to be heard in the 25o Native Land Court at a future date. The Registrar then contacted the Resident Engineer at Tuai, providing a copy of Wiremu Matamoe and Samuel Rurehe's letter. We realise that these people cause you a lot of concern and that you are not unmindful of their interests but I do not see how it would be possible to appoint tally clerks except perhaps in an honarary [sic] capacity and only if their duties did not interfere with your activities generally. Do you intend to take part of this Block for a quarry - in that case there would be no need for a tally.251 The Resident Engineer replied that the stone was being taken for a canal for the power scheme and that the area in question was going to be taken by the Department for the Hydro scheme. 252 This information was then passed on to the owners by the 250 Wiremu Matamoe and Samuel Rurehe to the Judge of the Native Land Court Gisborne, 10 July 1939. Te Kopani Court Block Correspondence File 8/3/116. 251 Registrar to the Resident Engineer Public Works Department Tuai, 13 July 1939, Te Kopani Court Block Correspondence File 8/3/116. 252 Resident Engineer, Tuai to the Registrar Native Land Court Gisborne. 18 July 1939. Te Kopani Court Block Correspondence File 8/3/116. 105 Registrar.253 This was apparently the first indication given to the owners of Te Kopani No. 1 that part of their land was to be taken for the power scheme. The Registrar stated: "The amount of compensation, if any, payable to the owners will be assessed by the 254 Native Land Court in due course. Later, in 1941, a Gazette Notice indicated the removal of three roods, and thirty five perches of land for the Hydro Electric scheme.255 The matter of compensation for the Heiotahoka No. 2 and Te Kopani No.1 blocks was decided in February 1942.256 The owners of Te Kopani No.1 were awarded £ 4 for the loss of the land to the hydro-power scheme. The bulk of the compensation money awarded by the Court went to the owners of Heiotahoka No.2 (which was more closely associated with the Te Kopani NO.4 block owners). Alienated Parcels: Housing Two parcels were acquired by the Crown for the purpose of creating housing the Maori Housing Act 1935. Both parcels remain outside of the Maori land system, so therefore may be said to be alienated parcels. Both Te Kopani 11 and Te Kopani 7 became Crown land "for the purposes of the Maori Housing Act 1935" on the 26 November 1981.257 Mr Green on behalf of the Maori Trustee asked for the land to be vested in the Maori Trustee "upon trust to negotiate the acquisition of the land by the Crown for pensioner housing, any money to go to the Marae trustees.,,25B Pensioner flats were indicated on Te Kopani 11 on ML 7275. 259 Mr Green reported: 253 Registrar to Wiremu Matamua and Samuel Rurehe, 21 July 1939. Te Kopani Court Block Correspondence File 8/3/116. st 254 Registrar Native Land Court Gisborne to Wiremu Matamua and Samuel Rurehe, 21 July 1939. Te Kopani Court Block Correspondence File 8/3/116. 255 NZ Gazette, 1941, p. 1861 256 Compensation Order, Wairoa MB 48176, Te Kopani Block Order File 240A 257 See certificates of title 4C/768 and 4C1767, Te Kopani Supporting Documents, Alienated Parcels Certificates of Title. See also Memorial Schedules for Te Kopani 7 and 11, Te Kopani Block Order File 240C. 258 Extract ofWairoa MB 79/378, Te Kopani Alienation File 19/20/1. 259 ML 7275 October 1981. 106 Wairoa County Council has approved plan L&S 433/1 B. (Ex "X") as a comprehensive development scheme under Papakainga Zone provisions of planning scheme. M.L. Board has approved expenditure for pensioner flats (6 units) for Kuha Marae subject to land required being partitioned out and Crown acquiring title.26o Te Kopani 7 was vested in the Maori Trustee based on the following terms: To negotiate the acquisition of the land by the Crown for pensioner housing for such consideration or without consideration as the Maori Trustee shall determine after consultation with the advisory trustees to be in the best interests of the living descendents of the equitable owner. (2) To apply the proceeds (if any) of alienation in payment of the Maori Trustee fees charges and out of pocket expenses and the transfer of the balance (if any) in the books of the Maori Trustee to the credit of the separate trust created in respect of Te Kopani 9 on the 5th day of December 1980 and apply the same for the purposes of such trust. A similar order for Te Kopani 11 was issued at folio 384. 261 These two blocks remained Crown land for several years. In 1994 Vivienne Wilson, a solicitor of Phillips Fox Barristers and Solicitors, acting on behalf of Te Puni Kokiri faxed the Maori Land Court, asking for confirmation of the status of the Te Kopani 7 block: 262 "We would be grateful if you could confirm to us whether this parcel of land is actually Maori freehold land." To which the Registrar of the Tairawhiti District Maori Land Court replied that, 'It should be apparent to you by now that Kaumatua Flats are on Crown land and not Maori land'. 263 260 Mr Green for Maori Trustee. Extract ofWairoa MB 79/377, Te Kopani Alienation File 19/20/1. 261 Extract of Wairoa MB 79/384, Te Kopani Alienation File 19/20/1. 262 Vivienne Wilson, Solicitor, Phillips Fox Barristers and Solicitors to Maori Land Court, 9 November 1994. Te Kopani Court Block Correspondence File 8/3/116. 263 M.J. Fryer, Registrar, Tairawhiti District Maori Land Court to Messrs Phillips Fox, Solicitors, 10 November 1994. Te Kopani Court Block Correspondence File 8/3/116. 107 --- I ------ Te Kopani 7 was soon after transferred to its present owners, the Waikaremoana Maori Committee.264 It appears that this section remains general or non-Maori land. Te Kopani 11 was also transferred to the Waikaremoana Maori Committee although this occurred shortly before Ms Wilson's fax. 265 Te Kopani 11 also apparently remains general land. Easements for water In September 1944, the Resident Engineer in Wairoa notified the Registrar of the Native Land Court that the Public Works Department was going to construct an underground pipeline to divert the Mangaone Stream. The diversion of the water will require taking of a small part of land alongside the road close to the Waimako Stream, but otherwise will not affect any Maori interests and the pipe line, once covered, will not be detrimental to the properties.266 Mr Wiren acting on behalf of Mr Amai and others wrote to the Registrar of the Native Land Court expressing concerns that the earth works in the area could endanger those living in the area. 267 Of special concern were a number of houses situated on top of a bank near the excavations. Mr. Wiren warned: "This is not a matter which should be left to compensation as it is possible that human life will be endangered." Mr Wiren raised the concern that the diversion of the stream would deprive the stock kept in the area of water. Wiren also asked, given the difficulty of obtaining compensation for injuries to land due to Public Works rather than the permanent taking of land, that an assurance from the Department be obtained that they would not take advantage of the law. The Resident Engineer did not believe that there would be significant risk to the house above the work. He believed that work nearby would give an indication of the likely 264 See certificate of title, 4C/767. The ownership of the block was transferred on the 26 January 1995. 265 See certificate of title, 4C/768. The ownership of the block was transferred on the 17 October 1994. 266 Resident Engineer Wairoa to the Registrar Native Land Court, 1 September 1944. Te Kopani Court Block Correspondence File 8/3/116. 267 SA Wiren to the Registrar Native Land Court 6 October 1944, Te Kopani Court Block Correspondence File 8/3/116. 108 "behaviour of the country when excavated and if it appears that the house is in any danger it will be shifted by the Department.,,26B I should mention that although there is no appearance that the Mangaone water is used at all for stock or gardens below the intake provision is being made so that water can be by-passed for this purpose.269 Mr Wiren then informed the Registrar that the "Maoris are quite prepared to do nothing further until the work has been completed and the question of compensation can be discussed.27o The matter was decided by the Court in July 1946. The Court made the following order for Te Kopani No.2: That the Public Works Department be granted the right to take water from the spring shown on plan annexed, in consideration therefore the Department to install a ram and supply pipe to a tank 600 feet distant and to connect the Waimako Pa with that supply, the right to be perpetual, the Department to maintain supply for six months and then transfer the ownership to the Maori owners. 271 The Maori Land Court ordered that the Kuha area would be supplied with water drawn from the Te Kopani No.1 Block. The sum of £20 was to be paid to the owners of Te Kopani No.1 as a full and final compensation for the permanent right to the water supply.272 The easements to convey water were transferred to the subsequent partitions of Te Kopani 21 and Te Kopani 20. Te Kopani 21 is subject to an easement "to take and 266 Resident Engineer Wairoa to the Registrar Native Land Court, 10 November 1944. 266 Te Kopani Court Block Correspondence File 8/3/116. 269 Resident Engineer Wairoa to the Registrar Native Land Court, 10 November 1944. 269 Te Kopani Court Block Correspondence File 8/3/116. 270 SA Wiren to the Registrar Tairawhiti Maori Land Board, 7 December 1944. Te Kopani Court Block Correspondence File 8/3/116. 271 Court Order, Wairoa 50/229 31 July 1946. Te Kopani Block Order File 240A. See also Memorial Schedule For Te Kopani No.1 and Te Kopani No.2, Te Kopani Block Order File 240A. 272 Court Order, Wairoa MB 49/273, 7 February 1945. Te Kopani Block Order File 240A. See also Te Kopani 5 Memorial Schedule, Te Kopani Block Order File 240C. 109 convey water together with incidental rights over part of the within land marked "D" on ML 8526 in favour of the Minister of Lands-.... ,,273 Te Kopani 20 also has a similar easement.274 Both certificates of title specifically list the Electricity Corporation as the grantee, under the State Owned Enterprises Act 1986 Section 25 (1) (a). 273 Certificate of Title 5C/1145, Te Kopani Title Binder. 274 Certificate of Title 5C/1144, Te Kopani Title Binder. 110 TABLE: TE KOPANI RESERVE Reserve Te Kopani Original block Tukurangi Original size of reserve 324.00 ha. (ML 833/1) Current area Maori land 310 ha. (approx. 14 ha. Alienated) % of Maori land remaining 96% (approx.) Current statusl type of tenure The bulk of the original reserve remains Maori land although extensively subdivided. Parcels currently Maori owned [Te Kopani 3 & 6] [Te Kopani 8] [Te Kopani 10] [Te Kopani 12] [Te Kopani 14] [Te Kopani 15] [Te Kopani 16] [Te Kopani 17] [Te Kopani 18] [Te Kopani 19] [Te Kopani 20] [Te Kopani 21] [Te Kopani 22] [Te Kopani 23] [Te Kopani 24] [Te Kopani 25] [Te Kopani 26] [Te Kopani 27] [Te Kopani 28] [Te Kopani 29] [Te Kopani 30] [Te Kopani 31] [Te Kopani 32] [Te Kopani 33] [Te Kopani 34] [Te Kopani 35] [Te Kopani 36] [Te Kopani 37] [Te Kopani 4A] [Te Kopani 4B1] [Te Kopani 4B2A] [Te Kopani 4B2B1] [Te Kopani 4B2B2] [Te Kopani 4B2B3A] [Te Kopani 4B2B3B1] [Te Kopani 4B2B3B2A] Alienated parcels 1. Pt Sec 1 Blk III Waiau SD State Hydro Development (Gaz. 1941 p. 1861) 0.3920 ha. 2. Sec 1 (SO 8639) HM Queen 0.1897 ha. 3. Sec 54 Blk III Waiau SD (SO 6470) Waikaremoana District Club CT 4A1588 0.2132 ha. 4. Sec 55 Blk III Waiau SD (SO 6470) CT 3D/1290 0.2218 ha. 5. Kokako School Pt Sec 2 Blk III Waiau SD (SO 2385) (Gaz. 1921 p. 1348.) 1.6187 ha. 6. Te Kopani 7 0.2376 ha. 7. Te Kopani 11 Roads: 8. Lake Road (Gaz. 1930 p.1877) 7.56 ha. 9. Tuai Main Road (1922 p. 632) 1.92 ha. 10. Extensions to roads (Gaz 1952 p. 268) 1.81 ha. Survey plans Numerous, the principal plans are ML 833/1 ML 3302 ML 3383 ML 7275 ML 7314 SO 6470 SO 8639 (all copied) ML 7588 ML 7121 111 Gazette notices (see also 1885 p. 246 (temporary reserve) 1885 p. 508 (permanent reserve) alienated parcels) 1921 p. 2333 (restriction on alienation) 1922 p. 2273 (extending restrictions on alienation) 1923 p. 877 (further extension on alienation) 1927 p. 1981 (reservation) 1977 p. 1475 (Wharekaponga Urupa) 1986 p. 4376 (Te Kopani 19, 20 & 21 Reservation and Te Kopani 8,10, 25, 26 & 34 Reservation) 1987 p. 1792-3 (Part Te Kopani 4A: reservation) 112 --- I ' ------ Current Maori Land Parcels: Te Kopani 3 (Ngarangitirohia Urupa) & 6 (Wharekaponga Urupa). Listed together on MUS. NZGazette 1977 p. 1475 Parcel Name Te Kopani 3 & 6 Authority Sec 439: 1953 (94) Parcel Size 0.8093 ha. (6: 0.4046 Number of Owners 4 ha., 3: 0.4046 ha.) Survey Plan ML 3383 Title Order Type Partition Order Current Status Maori Reservation Date of Order 05/09/1925 Reservation was originally declared under Sec 439 (5): 1953 (94) but cancelled see Gaz 1977: 963 & 1475 MANAGEMENT DETAILS Block Te Kopani 3 & 6 Authority Sec 439: 1953 (94) names Structure Te Kopani 3 & 6 Date of order 07/06/1977 name Structure Maori Reservation Minute Book 77 Wr 24 type Reference Current Maori Land Parcel: Te Kopani 12 Parcel Name Te Kopani 12 LTO Reference PR 4C/761 Reference Reference Parcel Size 0.3496 ha. Number of Owners 1 Survey Plan 7122 Title Order Type Partition Order Current Status Maori Freehold Date of Order 05/12/1980 MANAGEMENT DETAILS Block name Te Kopani 12 Structure Te Kopani 12 Trust Date of order 05/12/1980 name Structure Ahu Whenua Trust Minute Book 80 WR 1-2 type Reference 113 Current Maori Land Parcel: Te Kopani 22 Parcel Name Te Kopani 22 L TO Reference PR 5A1320 Parcel Size 0.5759 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 23 Parcel Name Te Kopani 23 L TO reference PR 5A1321 Parcel Size 0.0784 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 4A Parcel Name Te Kopani 4A L TO reference CT 48/1410 Parcel Size 7.3197 ha. Number of Owners 1 Survey Plan ML 6907 Title Order Type Partition Order Current Status Maori Freehold Date of Order 17/02/1940 0.0431 ha. : Maori Reservation 0.0431 ha. Set apart as a Maori reservation 23/04/1987 (Gaz 1987 p. 1792-3). MANAGEMENT DETAILS Block name Part Te Kopani 4A (0.0431 Authority Sec 439: 1953 (94) ha.) Structure Te Kopani 4A Date of order 23/04/1987 name Structure Maori Reservation Minute Book 47WR22 type Reference 114 Current Maori Land Parcel: Te Kopani 481 Parcel Name Te Kopani 4B1 L TO Reference Parcel Size 0.2023 Number of Owners 1 Survey Plan Not surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 05/08/1946 Current Maori Land Parcel: Te Kopani 482A Parcel Name Te Kopani 4B2A L TO Reference Parcel Size 0.1011 ha. Number of Owners 1 Survey Plan Not surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 15/01/1948 Current Maori Land Parcel: Te Kopani 48281 Parcel Name Te Kopani 4B2B1 L TO Reference Parcel Size 0.0328 ha. (0.2150 Number of Owners 1 ha. 1997 Terralink) Survey Plan Not surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/01/1949 MANAGEMENT DETAILS Block name Te Kopani 4B2B1 Authority Structure Te Kopani 4B2B1 Date of order 19/09/1991 name Structure Ahu Whenua Trust Minute Book 229 Rot 149-150 type Reference Current Maori Land Parcel: Te Kopani 48282 Parcel Name Te Kopani 4B2B2 L TO Reference Parcel Size 0.4046 ha. Number of Owners 30 Survey Plan Not surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/01/1949 115 Current Maori Land Parcel: Te Kopani 48283A Parcel Name Te Kopani 48283A L TO Reference Parcel Size 0.1011 ha. Number of Owners 15 Survey Plan Not surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 02/09/1949 Current Maori Land Parcel: Te Kopani 4828381 Parcel Name Te Kopani 4828381 L TO Reference Parcel Size 0.1011 ha. Number of Owners 10 Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 24/02/1950 Current Maori Land Parcel: Te Kopani 4828382A Parcel Name Te Kopani L TO Reference 4828382A Parcel Size 0.1011 ha. Number of Owners 1 Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 12/05/1953 116 Te Kopani 8, 10, 25, 26 & 34 Trust Maori Reservation275 MANAGEMENT DETAILS Block Te Kopani 8, 10, 25, 26 & Authority Sec. 439: 1953(94) names 34 Structure Te Kopani 8, 10, 25, 26 & Date of order 20104/1988 name 34 Trust Structure Maori Reservation Minute Book 85 WR 333-334 type Reference Current Maori Land Parcel: Te Kopani 8 Parcel Name Te Kopani 8 L TO Reference Parcel Size 0.6365 ha. Number of Owners 1 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Reservation Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 10 Parcel Name Te Kopani 10 L TO Reference Parcel Size 0.1502 ha. Number of Owners 1 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Reservation Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 25 Parcel Name Te Kopani 25 L TO Reference Parcel Size 0.0316 ha. Number of Owners 1 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Reservation Date of Order 25/09/1982 275 NZ Gazette 1986 p. 4376, Date of Order: 20104/1988 117 --- I --"------ Current Maori Land Parcel: Te Kopani 26 Parcel Name Te Kopani 26 L TO Reference Parcel Size 0.6060 ha. Number of Owners 1 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Reservation Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 34 Parcel Name Te Kopani 34 L TO Reference Parcel Size 0.2912 ha. Number of Owners 1 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Reservation Date of Order 25/09/1982 118 Te Kopani 14, 15, 16, 17, 18 & 24 MANAGEMENT DETAILS Block Te Kopani 14,15,16,17,18 Administrator Maori Trustee names &24 Structure Te Kopani 14,15,16,17,18 Date of order 25/09/1982 name & 24 Trust Structure Ahu Whenua Trust Minute Book 81 WR 205-9 type Reference Current Maori Land Parcel: Te Kopani 14 Parcel Name Te Kopani 14 L TO Reference PR 5A1322 Parcel Size 0.9274 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 15 Parcel Name Te Kopani 15 LTO Reference Parcel Size 0.5120 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 16 Parcel Name Te Kopani 16 L TO Reference PR 5A1323 Parcel Size 0.3714 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 119 ----I I ! Current Maori Land Parcel: Te Kopani 17 Parcel Name Te Kopani 17 L TO Reference PR 5A1324 Parcel Size 0.3039 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 18 Parcel Name Te Kopani 18 L TO Reference Parcel Size 0.1538 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 24 Parcel Name Te Kopani 24 L TO Reference Parcel Size 0.0693 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 120 Te Kopani 19, 20, 21 Trust Maori Reservation276 MANAGEMENT DETAILS Block Te Kopani 19, 20 & 21 Authority Sec 439: 1953 (94) names Structure Te Kopani 19, 20 & 21 Date of order 20104/1988 name Trust Structure Maori Reservation Minute Book 85 WR 333-4 type Reference Current Maori Land Parcel: Te Kopani 19 Parcel Name Te Kopani 19 L TO Reference Parcel Size 0.2326 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Reservation Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 20 Parcel Name Te Kopani 20 L TO Reference CT 5C/1144 Parcel Size 0.4728 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Reservation Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 21 Parcel Name Te Kopani 21 L TO Reference CT 5C/1145 Parcel Size 1.3353 ha. Number of Owners 1 Survey Plan ML 7275 Title Order Type Partition Order Current Status Maori Reservation Date of Order 25/09/1982 276 NZ Gazette 1986 p. 4376 121 Te Kopani 27, 28, 29 and 30 Trust MANAGEMENT DETAILS Block Te Kopani 27, 28, 29 & 30 Administrator Maori Trustee names Structure Te Kopani 27, 28, 29 & 30 Date of order 25/09/1982 name Trust Structure Ahu Whenua Trust Minute Book 81 WR 205-9 type Reference Current Maori Land Parcel: Te Kopani 27 Parcel Name Te Kopani 27 L TO Reference PR 5A1325 Parcel Size 0.6180 ha. Number of Owners 465 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 28 Parcel Name Te Kopani 28 L TO Reference PR 5A1326 Parcel Size 0.2500 ha. Number of Owners 451 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 29 Parcel Name Te Kopani 29 LTO Reference PR 5A1327 Parcel Size 0.8425 ha. Number of Owners 454 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 30 Parcel Name Te Kopani 30 L TO Reference PR 5A1328 >, Parcel Size 0.3070 ha. Number of Owners 465 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 122 -- I " ------,--- - Te Kopani 31, 32, 33 & 35 Trust MANAGEMENT DETAILS Block Te Kopani 31,32,33 & 35 names Structure Te Kopani 31, 32, 33 & 35 Date of order 25/09/1982 name Trust Structure Ahu Whenua Trust Minute Book 81 WR 205-9 type Reference Current Maori Land Parcel: Te Kopani 31 (Roadway) Parcel Name Te Kopani 31 L TO Reference PR 5A1331 Parcel Size 0.0658 ha. Number of Owners 1 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 32 (Roadway) Parcel Name Te Kopani 32 L TO Reference PR 5A1332 Parcel Size 0.0896 ha. Number of Owners 1 Survey Plan ML 7314 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 33 (Roadway) Parcel Name Te Kopani 33 L TO Reference PR 5A1330 Parcel Size 0.2473 ha. Number of Owners 1 Survey Plan ML 7314 Title Order Type Partition Order Current Status Ahu Whenua Trust Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 35 (Roadway) Parcel Name Te Kopani 35 L TO Reference PR 5A1329 Parcel Size 0.9231 ha. Number of Owners 1 Survey Plan ML 7593 Title Order Type Partition Order Current Status Ahu Whenua Trust Date of Order 25/09/1982 123 Heiotahoka 28, Te Kopani 36 & Te Kopani 37 Trust Ahu Whenua Trust (See also Heiotahoka}277 MANAGEMENT DETAILS Block Heiotahoka 28, Te Kopani names 36 and Te Kopani 37 Structure Heiotahoka 28, Te Kopani Date of order 26/04/1985 name 36 and Te Kopani 37 Trust Structure Ahu Whenua Trust Minute Book 82 WR 273-274 type Reference Current Maori Land Parcel: Te Kopani 36 Parcel Name Te Kopani 36 L TO Reference Parcel Size 224.2554 ha. Number of Owners 579 Survey Plan Not Surveyed Title Order Type Partition order Current Status Maori Freehold Date of Order 25/09/1982 Current Maori Land Parcel: Te Kopani 37 Parcel Name Te Kopani 37 L TO Reference PR 5A1333 Parcel Size 65.6505 ha. Number of Owners 291 Survey Plan ML 7593 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/09/1982 277 Date of Order: 26/04/1985 124 Te Kopani: Alienated Parcels Alienated Parcels: Roads Current Alienated Parcel: SH 38 (Lake Road): See figure 7 No.3. Derived from: Roads legalised NZ Gazette 1930 p. 1877 NZ Gazette 1952 Total area: 4.2947 Gaz 1930 STATE HIGHWAY Survey Plan: SO 4575 1.81 ha. Gaz. 1952 Current area: 5.48 ha. (approx) Several sections of this road are now closed. Current Alienated Parcel: Tuai Main Road: See figure 7 No.2. Derived from: Road legalised NZ Gazatte 1922 p. 632 Total area: 1.9223 ha. Gaz. PUBLIC ROAD Survey Plan: SO 1382 1922 Alienated Parcels derived from Closed Roads Alienated Parcel: Sec 55 Blk III Waiau SO: See figure 7 No.5 Derived from: Roads: NZ Gazatte 1930 p. 1877 & NZ Gazette 1952 p. 268 Total area: 0.2218 ha. I LTO reference: CT 30/1290 JSurvey Plan: SO 6459 New Zealand Gazette 1975 p. 236 announced the closure of the road and declared the land as Crown Land Alienated Parcel: Sec 54 Blk III Waiau SO: See figure 7 No.6 Derived from: Roads: NZ Gazatte 1930 p. 1877 & NZ Gazette 1952 p.268 Total area: 0.2132 ha. I LTO reference: CT 4A1588 I Survey Plan: SO 6470 New Zealand Gazette 1971 p. 703 announced the closure of the road Alienated Parcel: Sec 1 SO 8639: See figure 7 No.7 Derived from: Roads: NZ Gazatte 1930 p. 1877 & NZ Gazette 1952 p.268 Total area: 0.1897 I CROWN LAND (Terralink I Survey Plan: SO 8639 125 I 1997) I SO 8639 indicates that this parcel was derived from a road possibly closed in 1993. Parcel Removed for the purposes of Hydro-Development Current Alienated Parcel: Pt Sec 1 Blk III Waiau SD State Hydro Development See figure 7 No.1 New Zealand Gazette 1941 p. 1861 Total area: 0.3920 ha. I CROWN LAND I Survey Plan: SO 4113 Compensation: Wairoa M.B. 48/76 Parcel removed for the purpose of a School Current Alienated Parcel: Kokako School Pt Sec 2 Blk III Waiau SD See figure 7 No.9 1896 lease: Wairoa M.B. 9/208-9 Taken for the purpose of a Native School Gaz. 1921 p. 1348 Total area: 1.6187 ha. I CROWN LAND I Survey Plan: SO 2385 Parcels Alienated for the "purposes of the Maori Housing Act 1935" Alienated Parcel: Te Kopani 7 See Figure 7 No.8 Derived from land acquired by the Crown "for the purposes of Maori Housing Act 1935" Total area: 0.2376 ha. I LTO reference: CT 4C/767 I Survey Plan: ML 7121 Now owned by the Waikaremoana Maori Committee. Alienated Parcel: Te Kopani 11: See Figure 7 No.4 Derived from land acquired by the Crown "for the purposes of Maori Housing Act 1935" Total area: 0.2915 ha. I LTO reference: CT 4C/768 I Survey Plan: ML 7122 Now owned by the Waikaremoana Maori Committee. 126 TE KOPANI SUMMARY OF PARTITIONS Partition Date Area Status Minute Book Comments Te Kopani 1 5/9/1925 68.3767 TK 11,12 & Wairoa 37/69 13 Te Kopani 2 5/9/1925 4.0469 TK 11,12 & Wairoa 37/69-70 Reservation (1927) 13 Te Kopani 3 5/9/1925 0.8094 CURRENT Wairoa 37/70 Reservation (1977) Te Kopani 4 5/9/1925 235.8887 Superseded Wairoa 37/70 See partitions below Te Kopani 5 5/9/1925 4.0165 Part TK 7 Wairoa 37/70 Reservation (1927) TK9 Te Kopani 6 5/9/1925 0.2376 CURRENT Wairoa 37/70 Reservation (1977) Te Kopani 4A 17/2/40 7.3197 CURRENT Wairoa 47/22 Part reservation Te Kopani 481 5/8/46 0.2023 CURRENT Wairoa 50/238 Te Kopani 15/1/48 0.1012 CURRENT Wairoa 51/91 482A Te Kopani 25/1/49 0.0329 CURRENT Wairoa 51/278 Most land lost to 48281 road Te Kopani 25/1/49 0.4047 CURRENT Wairoa 51/279 48282 Te Kopani 2/9/49 0.1012 CURRENT Wairoa 51/372 48283A Te Kopani 24/2/50 0.1012 CURRENT Wairoa 52/13 4828381 Te K' 12/5/53 0.1012 CURRENT Wairoa 54/255 4828382A TeK' 12/5/53 225.7514 Superseded Wairoa 54/255 48283828 Te Kopani 7 5/12/80 0.2376 See Wr 79/378 General land Te Kopani 9 5/12/80 3.7945 Superseded Wairoa 80/2 Te Kopani 11 5/12/80 0.2915 See Wr 79/384 General land Te Kopani 12 5/12/80 0.3496 CURRENT Wr 79/383-4 Roadway 80/1-2 Te Kopani 13 5/12/80 70.6850 TK 14-24, Wr79/383-4 37 80/1-2 127 ----I ------ Te Kopani 8 25/9/82 0.6365 CURRENT Wairoa 81/205-9 Reservation (1986) Te Kopani 10 25/9/82 0.1502 CURRENT Wairoa 81/205-9 Reservation (1986) Te Kopani 14 25/9/82 0.9274 CURRENT Wairoa 81/205-9 Te Kopani 15 25/9/82 0.5120 CURRENT Wairoa 81/205-9 Te Kopani 16 25/9/82 0.3714 CURRENT Wairoa 81/205-9 Te Kopani 17 25/9/82 0.3039 CURRENT Wairoa 81/205-9 Te Kopani 18 25/9/82 0.1538 CURRENT Wairoa 81/205-9 Te Kopani 19 25/9/82 0.2326 CURRENT Wairoa 81/205-9 Reservation (1986) Te Kopani 20 25/9/82 0.4728 CURRENT Wairoa 81/205-9 Reservation (1986) Te Kopani 21 25/9/82 1.3353 CURRENT Wairoa 81/205-9 Reservation (1986) Te Kopani 22 25/9/82 0.5759 CURRENT Wairoa 81/205-9 Roadway Te Kopani 23 25/9/82 0.0784 CURRENT Wairoa 81/205-9 Roadway Te Kopani 24 25/9/82 0.0693 CURRENT Wairoa 81/205-9 Te Kopani 25 25/9/82 0.0316 CURRENT Wairoa 81/205-9 Reservation (1986) Te Kopani 26 25/9/82 0.6060 CURRENT Wairoa 81/205-9 Reservation (1986) Te Kopani 27 25/9/82 0.6180 CURRENT Wairoa 81/205-9 Te Kopani 28 25/9/82 0.2500 CURRENT Wairoa 81/205-9 Te Kopani 29 25/9/82 0.8425 CURRENT Wairoa 81/205-9 Te Kopani 30 25/9/82 0.3070 CURRENT Wairoa 81/205-9 Te Kopani 31 25/9/82 0.0658 CURRENT Wairoa 81/205-9 Roadway Te Kopani 32 25/9/82 0.0896 CURRENT Wairoa 81/205-9 Roadway Te Kopani 33 25/9/82 0.247,3 CURRENT Wairoa 81/205-9 Roadway Te Kopani 34 25/9/82 0.2912 CURRENT Wairoa 81/205-9 Reservation (1986) Te Kopani 35 25/9/82 0.9231 CURRENT Wairoa 81/205-9 Roadway Te Kopani 36 25/9/82 224.2554 CURRENT Wairoa 81/205-9 Te Kopani 37 25/9/82 65.6505 CURRENT Wairoa 81/205-9 Te Kopani 48, 482, 4828, 48283, 482838 and 4828382 were the largest portions of the original Te Kopani No.4 remaining after each partition 128 SECTION 3: RESERVES IN THE WAIROA INQUIRY WAIAU BLOCK The Waiau block was gazetted in 1877.278 Refer also to Crown purchase title deeds 837 & 841 (Auckland). Waiau Block Reserves Ngaputahi Reserve (mentioned above) 279 278 NZ Gazette, 1877, p. 928 279 Declared Temporary Reserve NZ Gazette, 1885 p. 246. Declared a permanent reseve NZ Gazette, 1885, p. 508, acquired by Crown NZ Gazette, 1925 p. 5 129 TUKURANGIBLOCK The Tukurangi block was also gazetted in 1877.280 Refer also to Crown purchase title deeds 838 & 841 (Auckland). Tukurangi Block Reserves Reserve Name Original Current Area Area Area Year Size Size Leased Freehold Reserved Alienated Wairoa Reserves Tarapatiki 83.43 82.07 82.07 0 0 n.a. TeKiwi 243.00 0.40 0 0.40 0 Pikaungaehe 205.68 40.47 40.47 0 0 Te Kahotea 794.94 96.51 65.35 31.16 0 Total 1327.05 219.45 187.89 31.56 0 Percentage of Original 17% 14% 2% 0 Percentage of Remaining 86% 14% 0 Urewera Reserves Te Kopani 324.00 310 0 304.91 4.61 Whareama 125.50 0 0 0 0 1925 Total 449.5 310 0 304.91 4.61 Percentage of Original 69% 0 68% 1% Percentage of Remaining 0 98% 1% Total Tukurangi 1776.55 529.45 187.89 336.47 4.61 Tukurangi: % of Original 30% 11% 19% Tukurangi: % of Remaining 35% 64% 1% 280 NZ Gazette, 1877, p. 928 130 Reserve: Makahea Reserve Makahea Original block Tukurangi Original size of block Current area of remaining Maori land 0 Current statusl type of tenure Parcels currently Maori owned 0 Alienated parcels Survey plans SO 1285 Gazette notices Notes: A "purchase reserve" by this name was indicated in the Deed of 17 November 1875 (Title Deed 838/8 Auckland). 838/1 (Auckland) indicates that this reserve was purchased by the Government for the sum of £100 on the 18th of May 1877. 202.50 ha (Title Deed 838/8 Auck). However, a much smaller block of Maori land by the same name was located within the Makahea area over ten years later. The owners of this block were issued with a certificate of title under the Native Contracts and Promises Act 1888. See New Zealand Statutes, 1888, p. 233. 131 Reserve: Tarapatiki Reserve Tarapatiki Original block Tukurangi Original size of reserve 83.43 ha. (CT 12/197) Current area of remaining Maori land 82.07 ha. Percentage of Maori land remaining 98% Current statusl type of tenure Leased Maori freehold land Parcels currently Maori owned Tarapatiki Alienated parcels Waihi Road (Gaz. 1920 p.2537) Road (Gaz 1920 p.1545) (Lake Road appears on original CT) Survey plans ML 833/2 ML 567/3 Gazette notices 1920 p. 1545 (road) 1920 p. 2537 (road) 1921 p. 594 (stopping road) Certificates of Titlel L TO references: 3B/1268 (12/5/1970) Pt Tarapatiki 7 Blk 82.07 ha. 12/197 (18/10/1882) Sec. 7 Blk X Waiau SD 82.07 ha. (copied) Notes: MLiS incorrectly lists ML 630 as the survey plan. Current Maori Land Parcel: Tarapatiki Parcel Name Tarapatiki L TO Reference CT 38/1268 Parcel Size 82.0677 ha. Number of Owners 339 Survey Plan ML 833 (not 630) Title Order Type Partition Order Current Status Leased Maori Date of Order 02/05/1906 Freehold MANAGEMENT DETAILS Block name Tarapatiki Administrator Maori Trustee Date of order 01/04/1975 Structure Type Ahu Whenua Trust Minute Book 2 Tai 222 Reference 132 Reserve: Te Kiwi Reserve TeKiwi Original block Tukurangi Original size of reserve 243.00 ha (CT 12/196) Current area of remaining Maori land 0.4046 ha. Percentage of Maori land remaining 0.016% Current statusl type of tenure Maori Freehold Parcels currently Maori owned Te Kiwi Urupa Alienated parcels Lot 1 DP 4581 Part of Sec 1 SO 8552 (5C/520) Survey plans ML 833/1 ML 2286 Gazette notices Certificates of Title/LTO References: 3B/1266 (11/5/1970) Te Kiwi Urupa 0.4047 ha. 60/121 (24/3/1920) Te Kiwi Block 240.91 ha. 12/196 (18/10/1882) Sec. 7 Blk X Waiau SD 242.81 ha. Notes: The bulk of the original reserve was partitioned off from the urupa and subsequently sold. CT 60/121 was followed by: 73/220 (15/1/1925) 240.91 ha. Issued to Elizabeth Jessop. Current Maori Land Parcel: Te Kiwi Urupa Parcel Name Te Kiwi Urupa L TO Reference CT 38/1266 Parcel Size 0.4046 ha. Number of Owners 5 Survey Plan ML 2286 Title Order Type Partition Order Current Status Maori Freehold Date of Order 02/05/1906 133 Reserve: Pikaungaehe Reserve Pikaungaehe Original block Tukurangi Original size of reserve 205.68 ha. (CT 12/198) Current area of remaining Maori land 40.47 ha. Percentage of Maori land remaining 20% Current statusl type of tenure Remaining Maori land leased to Crown Parcels currently Maori owned Pikaungaehe 1 Alienated parcels Pikaungaehe 2 ( Gaz 1919 p.969) Road Easement Survey plans ML 833/3 ML 1210 Gazette notices 1919 p.969 (sale of Pikaungaehe 2) Certificates of Titlel L TO references PR 6C/900 (18/3/1999) Pikaungaehe 1 Block 40.47 ha. CT 3B/1263 (12/5/1970) Pt Tukurangi Block 40.47 ha. CT 12/198 (18/10/1882) Sec 5 Blk IX Taramarama 205.52 ha. (copied) Notes: MUS incorrectly lists ML 1210 as the survey plan. Current Maori Land Parcel: Pikaungaehe 1 Parcel Name Pikaunagehe 1 L TO Reference PR 6C/900 Parcel Size 40.4685 ha. Number of Owners 184 Survey Plan ML 833/3 Title Order Type Partition Order Current Status Leased Maori Date of Order 12102/1919 Freehold MANAGEMENT DETAILS Block name Pikaungaehe 1 Administrator Maori Trustee Structure Pikaungaehe 1 Trust Date of order 11/06/1964 name Structure Ahu Whenua Trust Minute Book 68 WR 135 type Reference 134 Reserve: Te Kahotea Reserve Te Kahotea Original block Tukurangi Original size of reserve 794.94 ha. (CT 12/195 & CT 12/194) Current area of remaining Maori land 96.51 ha. Percentage of Maori land remaining 12% Current statusl type of tenure Kahotea West 1C2C & 1C2A both appear to be Maori Freehold land. Kahotea Y is Leased. Parcels currently Maori owned Kahotea West 1C2A Kahotea West 1C2C (Oarai Urupa) Kahotea Y Alienated parcels The history of the alienation of most of the Kahotea blocks is very complicated. Clearly the bulk of the land of the original blocks is no longer Maori land. A large proportion of the original reserve is now forestry land, part of the Patunamu forest. Survey plans [ML 833/3] [ML 1548] [ML 1847] [ML 2494] [ML 2498] [ML 3653] [ML 4006] [SO 2384] (All copied) and others. Gazette notices Kahotea West 101 1918 p. 2816 Kahotea West 1C1 1918 p. 2816 Kahotea West 1A 1916 p. 899-900 Kahotea West 18 1916 p. 900 Kahotea West 2A 1918 p. 2816 Kahotea East 1 1918 p. 2816 Certificates of Title/LTO References: CT 38/1309 (12/5/1970) Pt Kahotea 1C2: Kahotea 102: Pt Kahotea West 28 55.4 ha. CT 12/195 (9/10/1882) Sec 4 81k XIII Taramarama SO : Sec 7 Blk IX Taramarama SO 641.51 ha. (copied) CT 38/1310 (12/5/1970) PT Te Kahotea East 2 5.57 ha. CT 12/194 (9/10/1882) Sec. 3 81k XIII Taramarama SO: Sec. 8 Blk IX Taramarama SO 152.3 ha. (copied) Notes: Certificates of Title were issued for two Kahotea blocks (Kahotea East and Kahotea West) in 1882. ML 2498 (1911) indicates several whare and graves near the river on Kahotea West. 135 Kahotea 1C2A (two portions) Current Maori Land Parcel: Kahotea West 1C2A (Northern Portion) Parcel Name Kahotea West 1C2A Size of Northern 24.8882 ha. Portion Survey Plan Not surveyed Current Status Maori Freehold MANAGEMENT DETAILS Block name Kahotea West 1C2A Administrator Maori Trustee Structure Kahotea West 1C2A Date of Order 10105/1979 name (Northern Portion) Trust Structure Ahu Whenua Trust Minute Book 78 WR 251-2 TYlle Reference Current Maori Land Parcel: Kahotea West 1C2A (Southern Portion) Parcel Name Kahotea West 1C2C Size of Southern 5.6656 ha. Portion Survey Plan Not Surveyed Current Status Maori Freehold MANAGEMENT DETAILS Block Name Kahotea West 1C2A Administrator See Management Report Structure Kahotea West 1C2A Date of Order 10105/1979 Name (Southern Severence) Structure Ahu Whenua Trust Minute Book 78 WR 251-2 Type Reference 136 Current Maori Land Parcel: Kahotea West 1C2A Parcel (both portions) Parcel Name Kahotea West 1C2A L TO Reference Parcel Size 30.7537 ha. Number of Owners 113 Survey Plan Not surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 06/02/1919 Current Maori Land Parcel: Kahotea West 1C2C (Orai Urupa) Parcel Name Kahotea West L TO Reference 1C2C Parcel Size 0.4046 ha. Number of Owners 2 Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 06/02/1919 Current Maori Land Parcel: Kahotea Y Parcel Name Kahotea Y LTO Reference Parcel Size 65.3491 ha. Number of Owners 524 Survey Plan Not Surveyed Title Order Type Other Current Status Leased Maori Date of Order 02/10/1973 Freehold MANAGEMENT DETAILS Block name Kahotea Y Administrat Maori Trustee Date of order 02/10/1973 or Structure Ahu Whenua Trust Minute Book 75 WR 138 Type Reference 137 TARAMARAMA BLOCK The Taramarama block was gazetted in 1877.281 Refer also to Crown purchase title deeds 840 & 841 (Auckland). Taramarama reserves Reserve Name Original Current Area Area Area Year Size Size Leased Freehold Reserved Alienated Wairoa Reserves Te Koareare 41.31 41.28 0 41.28 0 Mangapapa 81.71 0 0 0 0 1916 Ohiwa 270.95 270.73 270.73 0 0 Pukewhinau 119.47 117.22 117.22 0 0 Otamariki 36.45 34.52 0 34.52 0 Wharepapa 38.88 0 0 0 0 1915 Te Rara* 81.00 80.94 80.94 0 0 Total 669.77 544.69 468.89 75.80 0 Percentage of Original 81% 70% 11% 0 Percentage of Remaining 86% 14% 0 Urewera Reserve Heiotahoka 445.50 429.23 0 429.23 0 Percentage of Original 96% 0 96% 0 Percentage of Remaining 0 100% 0 Total Taramarama 1115.27 973.92 468.89 505.03 0 Taramarama: % of Original 87% 42% 45% 0 Taramarama: % of Remaining 48% 52% 0 281 NZ Gazette, 1877, p. 928 138 Reserve: Te Koareare Reserve Te Koareare (Te Koariari) Original block Taramarama Original size of reserve 41.31 ha. (CT 12/202) Current area of remaining Maori land 41.28 ha. Percentage of Maori land remaining 100% Current status/ type of tenure Maori Freehold Land Parcels currently Maori owned Te Koareare Alienated parcels 0 (Road on original CT) Survey plans MI 567 ML 833/2 Gazette notices Certificates of Title/LTO References: CT 38/1272 (13/5/1970) Koarere 41.3 ha. CT 12/202 (18/10/1882) Koariari 41.3 ha. (copied) Current Maori Land Parcel: Koareare Parcel Name Te Koareare LTO Reference CT 38/1272 Parcel Size 41.2779 ha. Number of Owners 239 Survey Plan ML833 Title Order Type Partition Order Current Status Maori Freehold Date of Order 02/05/1906 MANAGEMENT DETAILS Block name Te Koareare Authority Structure Te Koareare Trust Date of order 29/03/1995 name Structure Ahu Whenua Trust Minute Book 93 WR 132-4 type Reference 139 I Reserve: Mangapapa Reserve Mangapapa Original block Taramarama Original size of reserve 81.71 ha. (CT 12/201) Current area of remaining Maori land 0 Current statusl type of tenure Non-Maori Land Parcels currently Maori owned 0 AI ienated parcels Survey plans ML 833/2 Gazette notices Certificates of Title/LTO References: CT 12/201 (18/10/1882) Sec 1 Blk V Taramarama SD 81.64 ha. (no subsequent CTs listed: copied) CT 12/201 indicates that Mangapapa was alienated in 1916. 140 Reserve: Ohiwa (See also Pukewhinau) Reserve Ohiwa Original block Taramarama Original size of reserve 270.95 ha. (CT 12/199) Current area of remaining Maori land 270.73 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Leased Maori Freehold land Parcels currently Maori owned Ohiwa Alienated parcels 0 Survey plans ML 567/2 SO 909 Gazette notices Certificates of Title/LTO References: 4B/1408 (15/4/1980) Ohiwa Block 270.73 ha. 3B/1274 (12/5/1970) Ohiwa Block 270.73 ha. 12/199 (18/10/1882) Sec 3 Blk II Taramarama SD 270.73 ha. (copied) Notes: Subject to Aggregation order with Pukewhinau Current Maori Land Parcel: Ohiwa Parcel Name Ohiwa L TO Reference CT 48/1408 Parcel Size 270.7347 ha. Number of Owners Subject to Aggregation Survey Plan SO 909 Title Order Type Other Current Status Leased Maori Date of Order 02/05/1906 Freedhold 141 Reserve: Pukewhinau Reserve Pukewhinau Original block Taramarama Original size of reserve 117.31 ha. (CT 12/204) Current area of remaining Maori land 117.22 ha. Percentage of Maori land remaining 100% Current status/ type of tenure Leased Maori Freehold Parcels currently Maori owned Pukewhinau Alienated parcels o (Whakangaire Road on original CT) Survey plans ML 567/2 SO 909 Gazette notices Certificates of Title/LTO References: CT 3B/1271 (13/5/1970) Pukewhinau 117.22 ha. CT 12/204 (18/10/1882) Sec 6 Blk II Taramarama SO 117.22 ha. Notes: Subject to aggregation with Ohiwa 142 Ohiwa & Pukewhinau Aggregation Order MANAGEMENT DETAILS Block Ohiwa Number of 918 Names Owners Pukewhinau Order Type Aggregation Order Structure Ohiwa and Pukewhinau Date of 03/06/1983 Name Aggregation Trust Order Structure Ahu Whenua Trust Minute Book 81 WR 378-9 Type Reference Date of 19/02/1986 Administrator Maori Trustee Trust Order Pukewhinau Parcel Name Pukewhinau LTO Reference Parcel Size 117.2197 ha. Number of Owners Subject to Aggregation Survey Plan SO 909 Title Order Type Other Current Status Leased Maori Date of Order 02/05/1906 Freehold 143 Reserve: Otamariki Reserve Otamariki Original block Taramarama Original size of reserve 36.45 ha. (CT 12/200) Current area of remaining Maori land 34.52 ha. Percentage of Maori land remaining 95% Current statusl type of tenure Maori Freehold Parcels currently Maori owned Otamariki Alienated parcels Hunt Road: 1.9 ha. (SO 1225) Survey plans SO 1225 (1883) ML 567/4 Gazette notices Certificates of Title/LTO References: CT 3B/1273 (13/5/1970) Otamariki Block 34.52 ha. CT 12/200 (18/10/1882) Otamariki Block Sec 1 Blk VillA Taramarama SD Notes: SO 1225 (10/06/1883) indicates the loss of land to the roadway. There is no indication of under which authority the road was taken. Current Maori Land Parcel: Otamariki Parcel Name Otamariki LTO Reference CT 38/1273 Parcel Size 34.5196 ha. Number of Owners 82 Survey Plan SO 1225 Title Order Type Other Current Status Maori Freehold Date of Order 02/05/1906 MANAGEMENT DETAILS Block Name Otamariki Structure Otamariki Date of Order 17/07/1985 Name Structure Ahu Whenua Trust Minute Book 82 Wairoa 316 Type Reference 144 Reserve: Wharepapa Reserve Wharepapa Original block Taramarama Original size of reserve 38.88 ha. (CT 12/203) Current area of remaining Maori land 0 Current statusl type of tenure Non-Maori Land Parcels currently Maori owned 0 Alienated parcels Survey plans ML 567/2 Gazette notices Certificates of Title/LTO Reference References: CT 12/203 (18/10/1882) Wharepapa 2 Blk II 38.85 ha. Notes: Certificate of Title indicates that the land changed hands in 1915 145 , ------ Reserve: Te Rara Reserve Te Rara Original block Taramarama Original size of reserve 81.00 ha. (CT 12/205) Current area of remaining Maori land 80.94 ha. Percentage of Maori land remaining 100% Current status/ type of tenure Title of the current block suggests that the area is a Maori Reserve but the MUS file seems to indicate that it is leased Maori freehold land. Parcels currently Maori owned Te Rara Alienated parcels 0 Survey plans ML 833/1 Gazette notices Certificates of Title/LTO References: 3B/1267 (13/5/1970) Te Rara 80.94 ha. 12/205 (18/10/1882) Te Rara 7 Blk IV Blk: Te Rara 7 Blk X 80.94 ha. Current Maori Land Parcel: Te Rara (Maori Reserve) Parcel Name Te Rara (Maori L TO Reference CT 38/1267 Reserve) Parcel Size 80.9371 ha. Number of Owners 205 Survey Plan ML833 Title Order Type Other Current Status Leased Maori Date of Order 02/05/1906 Freehold (?) MANAGEMENT DETAILS Block Name Te Rara Authority Structure Te Rara (Maori Reserve) Date of Order 20/06/1988 Name Trust Structure Ahu Whenua Trust Minute Book 86 WR 11-14 Type Reference 146 RUAKITURI The Ruakituri block was gazetted in 1877.282 Refer also to Crown purchase title deeds 839 & 841 (Auckland). RESERVES IN THE RUAKITURI BLOCK Reserve Name Original Current Area Area Area Year Size Size Leased Freehold Reserved Alienated Wairoa Reserves Te Raupo 38.98 0 0 0 0 1926-69 Makareao 82.01 0 0 0 0 Matakuhia 162.38 158.00 158.00 0 0 Ngaipu 8.20 8.19 0 8.19 0 Okare 76.14 0 0 0 0 1916 Orewha 40.52 0 0 0 0 1910 Paraumu 40.50 0 0 0 0 1916 Rimuroa 168.68 158.31 54.76 103.55 0 Tapatangata 9.61 9.27 0 9.27 0 Tarake 131.22 0 0 0 0 1910 Waikatea 40.76 0 0 0 0 1910 Whataroa 405.67 397.38 379.67 17.40 0 Total Ruakituri 1204.67 731.15 592.43 138.41 0 Ruakituri % of Original 61% 49% 11% 0 Ruakituri % of Remaining 81% 19% 0 282 NZ Gazette, 1877, p. 928 147 Including Opoiti Blocks Lot 1 DP 1599 Opoiti 131.12 131.12 0 131.12 0 Lot 2 DP 1599 Opoiti 80.23 80.23 0 80.23 0 Lot 3 DP 1599 Opoiti 40.34 40.34 0 40.34 0 Lot 4 DP 1599 Opoiti 40.73 0 0 0 0 1918 Totals 292.42 251.69 0 251.69 0 Grand Total 1204.67* 982.84 592.43 390.10 0 Ruakituri Percentage of Original 82% 49% 32% 0 Percentage of Remaining 60% 40% 0 * Excluding Opoiti sections. 148 Reserve: Te Raupo Reserve Te Raupo (Eripeti) Original block Ruakituri Original size of reserve 38.98 ha. (CT 12/243) Current area of remaining Maori land 0 Current statusl type of tenure The bulk of the land is now a Scenic Reserve Parcels currently Maori owned 0 Alienated parcels Road, school, stock paddocks and scenic reserve. Survey plans ML 844/1 SO 909 Gazette notices 1926 p. 2475 (Road) 1926 p.2476 (Stock Paddock) 1928 p.3475 (3 acres for School) 1947 p.573 (Stock Paddock) 1969 p.1376 (Balance taken for Reserve) 1971 p. 2136 (Reserve) Certificates of Title/LTO References: 12/243 (18/10/1882) Raupo 3662C Block 40.81 ha. (copied) 149 ~ ~ , ------ Reserve: Matakuhia Reserve Matakuhia Original block Ruakituri Original size of reserve 162.38 ha. (CT 12/246) Current area of remaining Maori land 158.00 ha. Percentage of Maori land remaining 97% Current statusl type of tenure Leased Maori Freehold Parcels currently Maori owned Matakuhia Alienated parcels Ohuka Road: Warrant No. 50 (1909) Survey plans ML 844/1 SO 3822 Gazette notices Certificates of Title/LTO References: 3B/379 (23/2/1970) Matakuhia Block 159.14 ha. 46/115 (9/12/1909) Matakuhia Block 159.14 ha. 12/246 (18/10/1882) Matakuhia Block 159.14 ha. Notes: MUS indicates removal of 2.98 ha. for a road (offset somewhat by the return of 1.84 ha. Of closed road). See Memorial Schedule Report. Current Maori Land Parcel: Matakuhia Parcel Name Matakuhia L TO Reference CT 38/379 Parcel Size 157.9956 ha. Number of Owners 358 Survey Plan SO 3822 Title Order Type Other Current Status Leased Maori Date of Order 02/05/1906 Freehold 150 Reserve: Ngaipu Reserve Ngaipu Original block Ruakituri Original size of reserve 8.20 ha. (CT 12/242) Current area of remaining Maori land 8.19 ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori freehold land Parcels currently Maori owned Ngaipu Alienated parcels Terralink indicates that perhaps a very small portion may now be road. Survey plans ML844 Gazette notices Certificates of Title/L TO References: 3B/1275 (13/5/1970) Ngaipu 8.19 ha. 12/242 (18/10/1882) Ngaipu 36620 Block 8.19 ha. (copied) Current Maori Land parcel: Ngaipu Parcel Name Ngaipu LTO Reference CT 38/1275 Parcel Size 8.1948 ha. Number of Owners 34 Survey Plan ML844 Title Order Type Other Current Status Maori Freehold Date of Order 02/05/1906 151 Reserve: Okare Reserve Okare Original block Ruakituri Original size of reserve 76.14 ha. (CT 12/241) Current area of remaining Maori land 0 Current statusl type of tenure Non-Maori Land Parcels currently Maori owned 0 Alienated parcels Okare Survey plans ML844 Gazette notices Certificates of Title/L TO References: 12/241 (18/10/1882) Okare 3662E Block 76.08 ha. (copied) Notes: CT 12/241 indicates that the land was alienated in 1916. 152 Reserve: Paraumu Reserve Paraumu Original block Ruakituri Original size of reserve 40.50 ha. (CT 12/247) Current area of remaining Maori land 0 Current statusl type of tenure Non-Maori Land Parcels currently Maori owned 0 Alienated parcels Paraumu Survey plans ML 844/2 Gazette notices Certificates of Title/L TO References: 12/247 (18/10/1882) Paraumu 3662G Block 40.47 ha. Notes: The Certificate of Title indicates that the land was transferred to Margaret Penty September 1916 after a small portion was removed for a road. The subsequent Certificate of Title indicates the loss of land to the road: 56/55 (20/9/1916) Paraumu Block 38.57 ha. 153 -~ ------_.---_.---"------ Reserve: Rimuroa Reserve Rimuroa Original block Ruakituri Original size of reserve 168.68 ha. (CT 12/239) Current area of remaining Maori land 158.31 ha. Percentage of Maori land remaining 94% Current statusl type of tenure The bulk of the land remains Maori owned, although a portion is leased Parcels currently Maori owned [Rimuroa 1A] [Rimuroa 1B] [Rimuroa 1C] [Rimuroa 2] [Rimuroa 3B] [Rimuroa 4B] [Rimuroa 4C] [Rimuroa5B2A] [Rimuroa 5B2B] [Rimuroa 6] Alienated parcels Roads Lot 1 (DP 8072) CT: 5C/187 Lot 2 (DP 8072) CT: 5C/188 Lot 3 (DP 8072) CT: 5C/189 Lot 4 (DP 8072) CT: 5C/189 Lot 5 (DP 8072) Local purposes reserve (esplanade) Sec. 5 Blk VI Opoiti SD Scenic Reserve (Gaz 1912 p.1612) Sec. 6 Blk VI Opoiti SD (Gaz. 1944 p.84) Rimuroa 3A CT 2A1651 Survey plans ML 1846 ML 2220 ML 4138 ML 4920 SO 1286 SO 5940 DP 8072 Gazette notices 1912 p. 1612 (Scenic Reserve) 1922 p. 4 (Road extension) SO 1286 1944 p. 84 (Sec SA: Now Sec 6) Certificates of Title/L TO References: 12/239 (18/10/1882) Rimuroa 3662C Block 161.45 ha. (copied) also 116/294 (10103/1965) Rimuroa 4A (copied) Notes: Rimuroa 1C is managed by the Rimuroa 1C & Other Blocks Trust which also manages the Mangapoike 2A2 Partition just across the river to the east of Rimuroa. 154 Rimuroa 1C & Other Blocks Trust Aggregation Order MANAGEMENT DETAILS Block Rimuroa 1C Rimuroa 2 Rimuroa 36 Number of 825 Names Rimuroa 46 Rimuroa 4C Rimuroa 6 Owners Mangapoike 2A2 Sec. 50 (across river) LTO CT 12/239 & CT 4C/1254 Order Type Aggregation Order References Structure Rimuroa 1C & Others Date of Agg' 28/10/1981 Name Trust Order Structure Ahu Whenua Trust Minute Book 80WR 278-9 Type Reference Date of 28/10/1981 Administrator See management Trust Order structure report Current Maori Land Parcel: Rimuroa 1C Parcel Name Rimuroa 1C L TO Reference Parcel Size 54.7615 ha. Number of Owners See above Survey Plan Not surveyed Title Order Type Partition Order Current Status Leased Maori Date of Order 03/05/1955 Freehold Current Maori Land Parcel: Rimuroa 2 Parcel Name Rimuroa 2 L TO Reference CT 4C/1254 Parcel Size 19.1467 ha. Number of Owners Agg. to 1C & Others Survey Plan ML 2220 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/06/1917 155 Current Maori Land Parcel: Rimuroa 38 Parcel Name Rimuroa 38 LTO Reference CT 4C/1255 Parcel Size 31.8386 ha. Number of Owners Agg. to 1 C & Others Survey Plan ML4138 Title Order Type Partition Order Current Status Maori Freehold Date of Order 03/03/1939 Current Maori Land Parcel: Rimuroa 48 Parcel Name Rimuroa 48 LTO Reference Parcel Size 8.6324 ha. Number of Owners Agg. to 1C & Others Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 23/02/1938 Current Maori Land Parcel: Rimuroa 4C Parcel Name Rimuroa4C LTO Reference CT 4C/1250 Parcel Size 1.5024 ha. Number of Owners Agg. to 1 C & Others Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 23/02/1938 Current Maori Land Parcel: Rimuroa 6 Parcel Name Rimuroa 6 LTO Reference CT 4C/1256 Parcel Size 26.8837 ha. Number of Owners Agg to 1C Survey Plan ML 2220 Title Order Type Partition Order Current Status Maori Freehold Date of Order 25/06/1917 156 Current Maori Land Parcel: Rimuroa 1A Parcel Name Rimuroa 1A L TO Reference Parcel Size 0.1011 ha. Number of Owners 3 Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 03/05/1955 Current Maori Land Parcel: Rimuroa 18 Parcel Name Rimuroa 1B L TO Reference Parcel Size 0.1011ha. Number of Owners 1 Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 03/05/1955 Current Maori Land Parcel: Rimuroa 581 Parcel Name Rimuroa 5B1 L TO Reference Parcel Size 0.2225 ha.(Terra' '97) Number of Owners 1 Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 08/09/1953 Current Maori Land Parcel: Rimuroa 582A Parcel Name Rimuroa 5B2A L TO Reference Parcel Size 0.2225 ha. Number of Owners 15 Survey Plan Not surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 08/09/1953 Current Maori Land Parcel: Rimuroa 5828 Parcel Name Rimuroa 5B2B L TO Reference Parcel Size 20.978 ha. (MUS) Number of Owners ? 16.5415 ha. (Terra' '97) Survey Plan Not Surveyed Title Order Type Partition Order Current Status Maori Freehold Date of Order 26/02/1954 No owners listed on MLiS 157 Rimuroa: Alienated Parcels Roads: 1. Proc. 197 (not on Landonline) 2.78 ha. 2. Proc. 395 (Gaz 1922 p.4) 0.11 ha. 3. Proc. 697 (not on Landonline) 0.27 ha. (CT reference: 19/12/1935) 4. Road Warrant 76 (CT reference: 24/911940) 4.13 ha. Scenic Reserve Sec. 5 Blk VI Opoiti SD Scenic Reserve (Gaz 1912 p.1612) Alienated to the Crown 1/6/1912 2.7822 ha. Lots 1-5 (OP 8072) CT 116/294 Rimuroa 4A (4.55 ha.) indicates that this block became European land after it was Transferred to Te Reinga Carrying Company Limited on 21/07/1965. This block was subsequently subdivided into Lots 1-5. Parcels derived from Rimuroa 4A 1. Lot 1 (DP 8072) CT: 5C/187 1.3300 ha 2. Lot 2 (DP 8072) CT: 5C/188 1.3300 ha. 3. Lot 3 (DP 8072) CT: 5C/189 1.0730 ha. 4. Lot 4 (DP 8072) CT: 5C/189 0.2324 ha. 5. Lot 5 (DP 8072) Local purposes reserve (esplanade) 0.5610 ha. Sec. 6 Blk VI Opoiti SO Alienated to the Crown 1/2/1944. (Gaz. 1944 p.84) Currently owned by Landcorp Investments. CT 5C/577 0.4426 ha. Rimuroa 3A CT 2A/651 CT 2A1651 (19/7/1968) Rimuroa 3A. 2.7266 ha. Current owners: Diana Tangi Joe & Darden Tuahine King. Previous owner: Te Reinga Carrying Company Ltd. It appears that as with Rimuroa 4A. Rimuroa 3A Became European Land after it was transferred to Te Reinga Carrying Company Ltd. 158 Reserve: Tapatangata Reserve Tapatangata Original block Ruakituri Original size of reserve 8.10 (CT 12/244) 9.61 ha. (ML 1813) Current area of remaining Maori land 9.27 ha. Percentage of Maori land remaining 96% Current statusl type of tenure Maori freehold land Parcels currently Maori owned Tapatangata 1 Tapatangata 2 Alienated parcels Road Survey plans ML 1813 Gazette notices Certificates of Title/LTO Reference Reference References: PR 6C/61 (8/911997) Tapatangata 2 Block 4.64 ha. PR 6C/62 (8/9/1997) Tapatangata 1 Block 4.64 ha. 3B/1269 (13/5/1970) Tapatangata Block 8.09 ha. 12/244 (18/10/1882) Tapatangata 3662 Block 8.09 ha. (copied) 159 ------.---~---~---- Tapatangata No. 1 and 2 Trust AHU WHENUA TRUST283 MANAGEMENT DETAILS Block Tapatangata No.1 and 2 Authority names Administrat Tapatangata No. 1 and 2 Date of order 05/03/1992 or Trust Structure Ahu Whenua Trust Minute Book 89WR54 Type Reference Current Maori Land Parcel: Tapatangata No.1 Parcel Name Tapatangata 1 L TO Reference PR 6C/62 Parcel Size 4.6361 ha. Number of Owners 2 Survey Plan ML 1813 Title Order Type Partition Order Current Status Maori Freehold Date of Order 10/10/1911 Current Maori Land Parcel: Tapatangata No.2 Parcel Name Tapatangata 2 L TO Reference PR 6C/61 Parcel Size 4.6361 ha. Number of Owners 62 Survey Plan ML 1813 Title Order Type Partition Order Current Status Maori Freehold Date of Order 10/10/1911 283 Date of Order: 05/03/1992 160 Reserve:VVhataroa Reserve Whataroa Original block Ruakituri Original size of reserve 405.41 ha. (CT 12/238) Current area of remaining Maori land 397.38 ha. (MI 2474) Percentage of Maori land remaining 98% Current status/ type of tenure Whataroa 2 & 3 leased Whataroa 1 & Urupa Maori freehold Parcels currently Maori owned Whataroa (urupa) Whataroa 1 Whataroa 2 & 3 Alienated parcels Road (proc. 286) 2.96 ha. Survey plans ML 844/1 ML 2474 Gazette notices Certificates of Title/LTO References: PR 6B/788 (23/5/1997) Whataroa Urupa 3B/1270 (13/5/1970) Whataroa 1 Block 17.81 ha. 20/976 (15/8/1969) Whataroa 2 Block: Whataroa 3 Block 379.67 ha. 65/264 (31/5/1923) Whataroa 2 Block: Whataroa 3 Block 379.67 ha. 12/238 (18/10/1882) Whataroa 3662B Block 405.9 ha. (copied) 161 Current Maori Land Parcel: Whataroa (Urupa) Parcel Name Whataroa urupa L TO Reference PR 68/788 Parcel Size 0.1011 ha. Number of Owners 5 Survey Plan ML 2474 Title Order Type Partition Order Current Status Maori Freehold Date of Order 02/05/1906 Current Maori Land Parcel: Whataroa 1 Parcel Name Whataroa 1 LTO Reference CT 38/1270 Parcel Size 17.3003 ha. Number of Owners 19 Survey Plan ML 2474 Title Order Type Partition Order Current Status Maori Freehold Date of Order 11/06/1921 Current Maori Land Parcel: Whataroa 2 & 3 (Listed together in MLC Database) Parcel Name Whataroa 2 & 3 LTO Reference CT 20/976 Parcel Size 379.6710 ha. Number of Owners (2&3) 1084 Survey Plan ML 2474 Title Order Type Partition Order Current Status Leased Maori Date of Order 11/06/1921 freehold 162 Reserve: Orewha Reserve o rewh a Original block Ruakituri Original size of reserve 40.52 ha. (CT 12/248) Current area of remaining Maori land 0 Current statusl type of tenure Non Maori Land Parcels currently Maori owned 0 Alienated parcels Road: Warrant 47 (1909) Orewha (1910) Survey plans ML 844/2 Gazette notices Certificates of Title/LTO References: 12/248 (18/10/1882) 18 Oct Oriwha 3662F Block 39.93 ha. (copied) Notes: Certificate of Title indicates that restrictions on the alienation of the land by way of transfer were removed in December 1909 and that the land passed from Maori ownership in February 1910. A little more than half a hectare of land had been removed for a road some months before. 163 Reserve: Waikatea Reserve Waikatea Original block Ruakituri Original size of reserve 40.76 ha. (CT 12/249) (ML 844/2) Current area of remaining Maori land 0 Current status/ type of tenure Non-Maori land Parcels currently Maori owned 0 Alienated parcels Waikatea Survey plans ML 844/2 Gazette notices Certificates of Title/LTO References: 12/249 (18/10/1882) Waikatea 3662H Block 40.73 ha. (copied) Notes: Certificate of Title indicates that the restrictions upon alienation by way of exchange was lifted in December 1909 and that the ownership was subsequently transferred February 1910. 164 Reserve: Makareao Reserve Makareao Original block Ruakituri Original size of reserve 82.01 ha. (CT 12/240) Current area of remaining Maori land 0 Current statusl type of tenure Non Maori Land Parcels currently Maori owned 0 Alienated parcels Road (Warrant 47: ref. 14/10/1909) Survey plans Gazette notices Certificates of Title/L TO References: 12/240 (18/10/1882) Sec 2 Blk V Opoiti SO (Makareao) 81.95 ha. (copied) Notes: Certificate of Title indicates that restrictions upon alienation by exchange were removed in December 1909. The reserve passed from Maori ownership February 1910. 165 Reserve: Tarake Reserve Tarake Original block Ruakituri Original size of reserve 131.22 ha. (CT 12/245) Current area of remaining Maori land 0 Current statusl type of tenure Non-Maori Land Parcels currently Maori owned 0 Alienated parcels Survey plans ML 1846 Gazette notices Certificates of Title/LTO References: 12/245 (18/10/1882) Tarake 3662K Block 131.12 ha. (copied) Notes: Certificate of Title indicates that the restriction upon alienation by way of exchange was lifted in December 1909. The ownership was subsequently transferred February 1910. Tarake became a part of: CT 49/160 (15/411912) 1186.13 ha. 166 Opoiti Lot 1 Block Lot 1 OP 1599 Pt Sec 2 Blk VI Opoiti SO Survey District Opoiti (within area of Ruakituri block) Original Size of Block Current area of remaining Maori land 131.12ha. Percentage of Maori land remaining 100% Current statusl type of tenure Maori Freehold Parcels currently Maori owned Lot 1 OP 1599 Pt Sec 2 Blk VI Opoiti SO Alienated parcels 0 Survey plans OP 1599 Gazette notices Current Maori Land Parcel: Lot 1 DP 1599 Pt Sec 2 Blk VI Opoiti SO Parcel Name Lot 1 OP 1599 Pt L TO Reference CT 3B/185 Sec 2 Blk VI Opoiti SO Parcel Size 131.12ha. Number of Owners 354 Survey Plan OP 1599 Title Order Type Certificate of Title Current Status Maori Freehold Date of Order 16/02/1970 167 Opoiti Lot 2 Block Lot 2 DP 1599 Pt Sec 2 Blk VI Opoiti SD Survey District Opoiti (within area of Ruakituri block) Original Size of Block Current area of remaining Maori land 80.23ha. Percentage of Maori land remaining Current statusl type of tenure Maori Freehold Parcels currently Maori owned Lot 2 DP 1599 Pt Sec 2 Blk VI Opoiti SD Alienated parcels 0 Survey plans DP 1599 Gazette notices Current Maori Land Parcel: Lot 2 OP 1599 Pt Sec 2 Blk VI Opoiti SO Parcel Name Lot 2 OP 1599 Pt L TO Reference CT 3B/186 Sec 2 Blk VI Opoiti SO Parcel Size 80.2289ha. Number of Owners 236 Survey Plan OP 1599 Title Order Type Certificate of Title Current Status Maori Freehold Date of Order 16/02/1970 168 Opoiti Lot 3 Block Lot 3 OP 1599 Pt Sec 2 Blk VI Opoiti SO Survey District Opoiti (within area of Ruakituri block) Original Size of Block Current area of remaining Maori land 40.34ha. Percentage of Maori land remaining Current statusl type of tenure Maori Freehold Parcels currently Maori owned Lot 3 OP 1599 Pt Sec 2 Blk VI Opoiti SO Alienated parcels 0 Survey plans OP 1599 Gazette notices Current Maori Land Parcel: Lot 3 DP 1599 Pt Sec 2 Blk VI Opoiti SO Parcel Name Lot 3 OP 1599 Pt L TO Reference CT 3B/187 Sec 2 Blk VI Opoiti SO Parcel Size 40.3395ha. Number of Owners 144 Survey Plan OP 1599 Title Order Type Certificate of Title Current Status Maori Freehold Date of Order 16/02/1970 169 Opoiti Lot 4 Block Lot 4 OP 1599 Pt Sec 2 Blk VI Opoiti SO Survey District Opoiti (within area.of Ruakituri block) Original Size of Block 40.73ha. Current area of remaining Maori land 0 Percentage of Maori land remaining 0 Current statusl type of tenure Parcels currently Maori owned 0 Alienated parcels Lot 4 OP 1599 Pt Sec 2 Blk VI Opoiti SO Survey plans OP 1599 Gazette notices 170 SECTION 4: SUMMARY TABLES Urewera Inquiry "purchase reserves" Reserve Name Original Current Area Area Area Year Size Size Leased Freehold Reserved Alienated Ngaputahi 121.50 0 0 0 0 1925 Te Kopani 324.00 310 0 304.91 4.61 Whareama 125.50 0 0 0 0 1925 Heiotahoka 445.50 429.23 0 429.23 0 Timi Taihoa 3.51 3.51 0 3.51 0 n.a. Hopuruahine West 30.17 30.15 0 0 30.15 n.a. Hopuruahine East 36.98 36.95 0 0 36.95 n.a. TeApiti 5.76 5.75 0 0 5.75 n.a. Mokau 11.54 11.53 0 0 11.53 n.a. Takanga 6.28 6.27 0 0 6.27 n.a. Tikitiki 12.15 12.14 0 0 12.14 n.a. Te Puna 79.38 79.32 0 0 79.32 n.a. Pate Kaha 7.90 7.89 0 0 7.89 n.a. Marau 7.05 7.04 0 0 7.04 n.a. Waipai 4.13 4.13 0 0 4.13 n.a. Te Maara a te 20.09 20.07 0 0 20.07 n.a. Atua Taumataua 12.14 12.14 0 0 12.14 n.a. Whakaari 8.01 8.01 0 0 8.01 n.a. Total 1261.59 980.62 0 737.65 246.00 Percentage of Original 78% 0 58% 20% Percentage of Remaining 0 75% 25% 171 Wairoa Inquiry "purchase reserves" Reserve Name Original Current Area Area Area Year Size Size Leased Freehold Reserved Alienated Tarapatiki 83.43 82.07 82.07 0 0 n.a. TeKiwi 243.00 0.40 0 0.40 0 Pikaungaehe 205.68 40.47 40.47 0 0 Te Kahotea 794.94 96.51 65.35 31.16 0 Te Koareare 41.31 41.28 0 41.28 0 Mangapapa 81.71 0 0 0 0 1916 Ohiwa 270.95 270.73 270.73 0 0 n.a. Pukewhinau 119.47 117.22 117.22 0 0 n.a. Otamariki 36.45 34.52 0 34.52 0 n.a. Wharepapa 38.88 0 0 0 0 1915 Te Rara 81.00 80.94 80.94 0 0 n.a. Te Raupo 38.98 0 0 0 0 1926-69 Makareao 82.01 0 0 0 0 Matakuhia 162.38 158.00 158.00 0 0 n.a. Ngaipu 8.20 8.19 0 8.19 0 n.a. Okare 76.14 0 0 0 0 1916 Orewha 40.52 0 0 0 0 1910 Paraumu 40.50 0 0 0 0 1916 Rimuroa 168.68 158.31 54.76 103.55 0 n.a. Tapatangata 9.61 9.27 0 9.27 0 n.a. Tarake 131.22 0 0 0 0 1910 Waikatea 40.76 0 0 0 0 1910 Whataroa 405.67 397.38 379.67 17.40 0 n.a. Totals 3201.49 1495.29 1249.21 245.77 0 Percentage of Original 47% 39% 8% 0 Percentage of Remaining 84% 16% 0 Including Opoiti Blocks Lot 1 DP 1599 Opoiti 131.12 131.12 0 131.12 0 Lot 2 DP 1599 Opoiti 80.23 80.23 0 80.23 0 Lot 3 DP 1599 Opoiti 40.34 40.34 0 40.34 0 Lot 4 DP 1599 Opoiti 40.73 0 0 0 0 1918 Totals 292.42 251.69 0 251.69 0 Total Wairoa 3201.49* 1746.98 1249.21 497.46 Percentage of Original 55% 39% 16% 0 Percentage of Remaining 72% 28% 0 * Excluding Opoiti sections. 172 A considerable proportion of the remaining Wairoa Inquiry land is now leased. By contrast there was not a single parcel of land derived from a Urewera Inquiry "purchase reserve" which could be identified as currently leased. Although the total area of land initially set out for "purchase reserves" within the Wairoa Inquiry (3201 ha.) was considerably larger than that for the lands to be examined by the Urewera Inquiry (1262 ha.), the area of remaining freehold Maori land derived from the Urewera Inquiry "purchase reserves" (738 ha.) is now considerably larger than that for the Wairoa Inquiry reserves (497 ha.). There was a marked difference between the way in which the land was alienated. Crown action has been the major factor in the alienation of the Urewera Inquiry lands, while private enterprise played a far greater hand in the alienation of the Wairoa Inquiry lands. Several whole reserves were sold or exchanged privately. It appears that there was not a single significant parcel of land derived from a Tuhoel Ngati Ruapani reserve that was sold privately. This also appears to be true for the alienated parcels within the area of the original Tuhoe/Ngati Ruapani reserves. It seems that most if not all of the alienated parcels within the areas of the original Heiotahoka and Te Kopani (Kokako) reserves were alienated to the Crown, either for roads, hydro schemes or in the case of Te Kopani a school and two sections for state housing. 173 Barker Brothers exchanges (not to scale - diagrammatic only) wEB's .. ;~'~~\~~~~ ~' OrewhalllIID , //~2 >-- Mia Te Raupo Paraumu Okare illY JW 4W:rvaikatea \III!DOrewha " " <0 ~/at/ D, Ir/V&r NB: Not all/eases are reported to MLC II!IIIIIIII Maori freehold Urewera .::::::::1 Maori leased } 10 20km [[]]]]ill Alienated Wairoa 6 12miles IiIiiliRl Maori freehold Figure 10 Maori land currently remaining south of Lake Waikaremoana APPENDIX A: OTHER CURRENT MAORI LAND PARCELS The following are current parcels of Maori land within the Waikaremoana area, which have not ultimately been derived from "purchase reserves": Current Maori land parcels within the area of the original Taramarama Block Current Maori Land Parcel: Section 62 OP 7991 Waiau SO Parcel Name Section 62 OP 7991 L TO Reference CT 5C/1093 Waiau SO Parcel Size 0.1043 ha. Number of Owners 0 Survey Plan OP 7991 MB reference Current Status Maori Freehold Date of Order MANAGEMENT DETAILS Block Name Section 62 OP 7991 Waiau SO I Structure Ruapani Ki Waikaremoana Date of Order 12/03/1996 Name Structure Whenua Topu Trust MB Reference Wairoa 95/8-41 Type Current Maori Land Parcel: Section 78 OP 7991 Waiau SO Parcel Name Section 78 OP 7991 L TO Reference CT 5C/1107 Waiau SO Parcel Size 0.577 ha. Number of Owners 0 Survey Plan OP 7991 MB reference Current Status Maori Freehold Date of Order MANAGEMENT DETAILS Block Name Section 78 OP 7991 Waiau SO Structure Ruapani Ki Waikaremoana Date of Order 12/03/1996 Name Structure Whenua Topu Trust MB Reference Wairoa 95/8-41 Type 175 Current Maori land parcels within the area of the original Waipaoa Block Current Maori Land Parcel: Waipaoa 5A2 Parcel Name Waipaoa 5A2 L TO Reference CT 50/895 Parcel Size 790.4624 ha. Number of Owners 358 Survey Plan ML 3446 MB reference Wairoa 38/253 Current Status Leased Maori Date of Order 14/03/1927 Freehold MANAGEMENT DETAILS Block Name Waipaoa 5A2 Structure Waipaoa 5A2 Trust Date of Order 06/07/1993 Name Structure Ahu Whenua Trust Minute Book Gisborne 135/118-9 Type Reference Current Maori Land Parcel: Waipaoa 5C Parcel Name Waipaoa 5C L TO Reference CT 2C/1435 Parcel Size 32.7795 ha. Number of Owners 16 Survey Plan ML 1992 MB reference Current Status Maori Reservation Date of Order 25/09/1911 MANAGEMENT DETAILS Block Name Waipaoa 5C Structure Waipaoa 5C Date of Order 21/02/1991 Name Structure Maori Reservation Minute Book Type Reference 176 Current Maori Land Parcel: Section 2R Block VII Tuahu SO Parcel Name Section 2R Block L TO Reference CT 2C/1088 VII Tuahu SD Parcel Size 0.2200 ha Number of Owners 1 Survey Plan SO 2917 MB reference Current Status Maori Freehold Date of Order Current Maori Land Parcel: Erepeti Rahui (Sec 8 Blk XI Tuahu SO) Parcel Name Erepeti Rahui L TO Reference Parcel Size 1.6693ha. Number of Owners 1 Survey Plan SO 4125 MB reference Wairoa 47/145 Current Status Maori Reservation Date of Order 07/08/1940 MANAGEMENT DETAILS Block Name Erepeti Rahui Structure Erepeti Rahui Date of Order 07/08/1940 Name Structure Maori Reservation Minute Book Wairoa 47/145 Type Reference 177 Graphical Representation Only First 'survey' ofWaipaoa block 1885? WT noel harris: sep 2002 Waikaremoana p Taramarama Ruakituri Source: MA 1913/3983 :=='===;='===~;==='==~=='==;=='=*='===~'1,Okm 6miles Second survey of Waipaoa block (with subsequent partitions of Maori land indicated). 10"",>1 Current Maori land now scenic No.4 No.5 reserve 5b Section 2R Block VII Waikaremoana W a p a o /Tuahu SD No.3 No.2 No.1 Taramarama Ruakituri Source: ML 2521/1,2521/2 Figure 11 Map of Waipaoa block