TEUREWERA RANGAHAUA WHAANUI DISTRICT

THE W AIOHAU BLOCKS

SCOPING REPORT

Wayne WW Taitoko August 1999 SCOPING REPORT

The Waiohau Land Blocks - The Urewera Inquiry

WAI 36, WAI 40, WAI 212, WAI 247, WAI 560, WAI 726 August 1999

Wayne WW Taitoko

Introduction

My name is Wayne Taitoko and I am a researcher with the Waitangi Tribunal. I am of Tainui descent and have been a public servant for over twenty years, culminating in my appointment as a Registrar of the Maori Land Court. I was part of the research/negotiation team associated with the Tainui Raupatu claim and have lectured in Maori studies at Waikato University, Hamilton. I hold a bachelor of Social Science degree in Maori and Geography from Waikato University and completed a Waitangi Tribunal research commission - 'A History of the Tokanui Blocks' for the Waitangi Tribunal claim Wai 440.

Terms of Reference

This scoping report has been produced as the result of a Tribunal commission to undertake a study of the Waiohau blocks, situated in the Urewera District. As well as forming part of the research requirements of the inquiry casebook, the Waiohau blocks have been specifically referred to by a number of the claimants in their statements of claim. The aim of this project, therefore, is to identify the sources of information relevant to the Waiohau block history and to identify the main issues associated with the block. These issues will be determined from the various statements of claim and research work already undertaken in respect of the overall Urewera district inquiry.

2 The Claims

The Urewera Rangahaua Whaanui District comprises some 14 core claims (both registered and unregistered). The proposed district also has three lmown overlapping claims, which could possibly be included in the Urewera inquiry. Over and above these, the district also has at least seven claims which partially overlap with the Urewera district.

These claims allege breaches of the Treaty in respect of a number of issues, including;

• Raupatu and the Settlements Act • The Ruatoki- Waiohau Consolidation Scheme • Crown purchase of individual shares • The Urewera District Native Reserve Act 1896

• The Native Land Court • Public Works takings • The Urewera Lands Act 1921 • The Urewera Commissions • Lake Waikaremoana • The Matahina blocks • The Tuararangaia blocks • The Waikokopu block • Rivers, harbours and fisheries • Minginui forest, and l • The Te Whaiti blocks

The Specific Claims

As well as the above, a number of the claimants have also specifically cited lands in the Waiohau area and identified acts or omissions by the Crown in respect of these lands. These are summarised below.

1 The Urewera Strategic Overview Report. 1998. WT. Wellington (Draft). This document will soon be released to claimants for comment.

3 WAI36 Claimant: Wharehuia Milroy HapU/ For the Tuhoe Tribe. Block/s: Te Houhi or Waiohau IB? Generic Waiohau Issues: Sale ofWaiohau IB Tuhoe appeals, court cases and eviction from the land Compensation for land loss WAI40 Claimant: TamaNikora HapU/Iwi On behalf of the Tuhoe-Waikaremoana Maori Trust Board and the Tuhoe tribe Block/s: Waiohau B9B.3 Generic Waiohau Issues: The Ruatoki-Waiohau Consolidation Crown acquisition of land

WAI212 Claimant: Te Ilea Whenua Runanganui. HapU/Iwi Ngati Manawa, Ngati Whare, Ngati Haka-Patuheuheu and Te Huinga Waka Block/s: Waiohau No. 1. 4 Generic Waiohau Issues: Loss of land

WAI247 Claimant: Kaari Waaka. HapU/Iwi: F or the Tuhoe tribe Block/s: Waiohau C26. 5 Generic Waiohau Issues: Public Works takings Gravel extraction

2 WAI 36 Record of Documents. WT. Wellington. 1999. 3 WAI 40 Record of Documents. WT. Wellington. 1999. 4 WAI 212 Record of Documents. WT. Wellington. 1999. 5 WAI 247 Record of Documents. WT. Wellington. 1999.

4 WAI560 Claimant: Te Whitu McGarvey HapU/Iwi For the Trustees of Tauarau marae and Ngati Rongo hapu Block/s: Waiohau 1B.6 Generic Waiohau Issues: Sale ofWaiohau 1B Tuhoe appeals, court cases and eviction from the land Compensation for land loss

WAI726 Claimant: Robert Pouwhare and Janet Carson HapU/Iwi For Ngati Haka-Patuheuheu Trust. Block/s: Waiohau.7 Generic Waiohau Issues: The Urewera District Native Reserve Act 1896 The Native Land Court The Urewera Commissions The Urewera Lands Act 1921 Public Works takings

The report will devote specific chapters to these blocks and the issues identified by the claimants.

Report Themes

In identifying parts of the Waiohau block in their statements of claim, a number of the claimants have also identified the Crowns actions, errors and omissions as foundations for their claims. The report will therefore focus on how these (and other) actions have affected Tuhoe interests in the Waiohau block. No direct discussions have taken place with claimants, however, in terms ofthe scope of this report, there is sufficient evidence to identify the main themes.

6 WAr 560 Record of Documents. WT. Wellington. 1999. 7 WAI 726 Record of Documents. WT. Wellington. 1999.

5 In order to adequately traverse the main issues associated with the Waiohau blocks, however, it is important to establish the title history of the blocks. The main theme of the report will therefore be to chronicle this history. From the block's creation in 1878, through the various changes in title, partitions, sales, leases and other alienations, through the Ruatoki-Waiohau Consolidation Scheme and a complete change in title, through to the present day and the current status of the Waiohau titles.

Key Issues

It is envisaged that the report will cover the following issues:

The Native Land Court/Maaori Land Court

The claimants have identified particular actions of the Native Land Court (and subsequently, the Maaori Land Court) which adversely affected their rights of ownership and use of their land. Furthermore, they cite instances where land has been irrevocably lost to them because of the various actions of the Court, the Crown and their agents.

Tuhoe felt the impact of the Native Land Court, not only in broad terms, but also with respect to specific areas and blocks. The report will examine the policies, actions and outcomes of the Native Land Court and the Crown within the framework of the contentions made by the claimants.

A further impact was the introduction, in the 1920s, ofthe Ruatoki-Waiohau Consolidation Scheme. The report will examine its functions and outcomes, with particular reference to the Waiohau blocks and determine the effects this scheme had on historical and contemporary ownership.

The Urewera Commissions and The Ruatoki-Waiohau Consolidation Scheme

Toward the end of the 1890s over 600,000 acres ofland in the Urewera was without title and formal ownership. Investigations into these lands took the form of commissions, specifically set up to hear and determine claims to land in the Urewera. The first, chaired by S Percy Smith, sat between 1899 and 1902 and largely investigated claims to land, made

6 determinations of title and subsequently dealt with a large volume of appeals against their decisions. Its successor, the second Urewera commission, sat from 1906 to 1907 and spent much of that two years dealing with the major hapuu appeals concerning creation oftitle and ownership lists in the Urewera. Furthermore, the establishment of the Royal Commission on Native Lands and Native Land Tenure (referred to as the Stout-Ngata native land commission) in 1907 also exacerbated Tuhoe's attempts to gain control oftheir lands.

Whilst the Waiohau blocks had already undergone their investigation through the Native Land Court by the time the first commission sat, they would nevertheless be affected by the legacy of these commissions. One of the major affects was the subsequent Crown policy to purchase land and individual shares in land from the owners, so that by the 1920s the Crown had gained quite a significant foothold in the Urewera. This policy would eventually lead to the Ruatoki consolidation scheme. This scheme was subsequently followed by the Ruatoki­ Waiohau scheme, which would irrevocably change the titles, boundaries and ownership of the Waiohau blocks.

The report will therefore examine these commissions, within the context of the Waiohau block history and their relationship to the Ruatoki-Waiohau Consolidation scheme. It will also conduct an in-depth analysis of the scheme and the effect it had on post 1920 ownership ofland in the Waiohau blocks.

Crown Purchases/Acquisitions

The relatively isolated nature of the Urewera lands meant that Crown acquisition of land did not start in earnest until the late 1870s. The Crown had earlier" .. .instituted a programme of large scale purchasing throughout the -Taupo region ... ,,8 which would eventually extend into the heart of the Urewera region. Whilst the initial impact would be felt in the Ruatoki area, the Waiohau blocks were eventually subjected to this process and the subsequent reduction in land available to the owners.

8 Rose, K, The Bait and the Hook. "Crown Purchasing in Taupo arid the Central Bay of Plenty in the 1870's" p.l.CFRT.1997.

7 The report will therefore seek to establish the circumstances surrounding this process with the intention of identifying what areas and/or shares were acquired from the owners. It will also identify the key proponents, both from the Crown and Maaori and the role they played in this process. The report will seek to establish whether or not Maaori were willing participants in the process and whether the transactions were fair and transparent.

Surveys/Survey Liens

One of the key contentions made by the claimants has been the loss of land, particularly through surveys. The report will examine Crown policy, both generally and specifically, in respect of surveys. It will also highlight the alleged opposition to the survey of land by landowners in the Waiohau. However, the main focus of the report will be the taking ofland in lieu of these surveys. This will include the quantum, the circumstances and the Crown's ultimate objective of acquiring land for settlement and other purposes.

Public Works Takings

A number of claimants contend that land was taken for public works purposes and either never returned or never utilised as such. The report will identify any such takings and critically examine the process, outcomes and current status of these lands.

Roadways

The establishment of roadways into the Urewera and in particular the Waiohau blocks is of significance to the history of these blocks. In 1876, land purchase agents, Davis and Mitchell met with 'the whole of the natives, including the Urewera natives' to discuss mills, roads, surveys, leased and purchased blocks, with 'unanimous verdict given in favour of survey,9. The clear intention, however, was for surveys of roads to be undertaken for the purposes of providing access to land. Initiatives such as the establishment of schools in the Urewera also influenced Tuhoe in their endeavours to have roads laid off.

9 Rose. Kathryn. "The Bait and the Hoole: Crown Purchasing in Taupo and the Central Bay of Plenty in the 1870s. CFRT. 1997. p. 155

8 However, in 1894, upon the visit of Seddon to the Urewera the Tuhoe chiefs made it clear that there would be 'no surveys, nor any sale or lease of land, prospecting for gold, or laying 0 off of roads' 1 . The chiefs, however, tempered this with the statement, 'at the present time' , indicating that they were desirous of a more co-ordinated, cautionary approach.

The report will therefore examine the issue of roadways in the Waiohau block from the perspective of Tuhoe's desire to control or allow encroachment into their territory by Paakeha and the Crown.

Waahi Tapu

During the initial investigation of title to Waiohau, a number of key witnesses gave evidence of the presence ofwaahi tapu in and around the Waiohau area. Some of these were set aside as such when various partitions were created. However, the claimants allege loss of some of these areas through alienation of their land. The report will examine these areas in detail and attempt to identify both the setting aside of these areas and their eventual fate.

Waiohau IB

An area of particular interest to at least two of the claimant groups is Waiohau 1B. This block was created in 1878 and immediately sold, amidst much opposition from the owners. Although previous reports have undertaken a detailed analysis of this issue, this report will examine the sale ofWaiohau 1B within the context of its relevance to the overall Waiohau blocks. It will also chronicle the process by which this alienation occurred and critically examine the various appeals that were lodged by the owners. It will also look at the High and Supreme Court cases, which examined how this land was sold, the eviction of the owners from the land and the eventual compensation afforded the owners by way of land in the area. Any information on negotiations between the Crown and the Waiohau owners regarding this compensation will also be examined.

10 The Urewera Strategic Overview Report. 1998. WT. Wellington (Draft).p. 257

9 WaiohauB9

This block currently forms part of the Kaingaroa forest licence and is specifically claimed by at least three claimant groups. The report will examine the history of the block, its acquisition by the Crown and its eventual inclusion in the forestry area. It will also critically analyse the process by which the Crown acquired ownership and whether it was detrimental to the interests of the owners at that time.

Waiohau C26

This block was the subject of a contemporary action by the Crown to remove gravel for the purpose of building a hydro-electric power station at Matahina (amongst other things). It is the subj ect of a specific claim and also forms part of the W AI 248 inquiry!!. The report will, however, merely chronicle its history and the subsequent acquisition by the Crown.

Section 1, Maori Affairs Amendment Act 1974

Under this section of the Act, title to any Maaori freehold land with four or less owners, could be transferred to general land status. This occurred on a number of occasions within the Waiohau blocks. This report will document the blocks involved and critically examine the rationale behind this policy. It will also comment on the effect this had, if any, on the owners of the land.

Development Schemes

The introduction of Maori Affairs development schemes throughout the Urewera district saw the growth of a number of land trusts, which sought to better utilise unproductive land. This also occurred in the Waiohau blocks with the establishment ofTe Manawa-o-Tuhoe in 1972. The report will examine these schemes, with a commentary on their value ( or otherwise) to the ownership, utilisation and retention of Waiohau lands.

11 This claim is noted on the record of inquiry for the Tuhoe claim but has been heard in the Ngaati Awa inquiry.

10 Current Status

The report will also identify the current status of the Waiohau blocks, including the amount of land acquired by the Crown, land sold to private interests and that land which has been retained by the owners as Maaori freehold land.

Legislative Context

The report will also examine the impact of legislation on the Waiohau blocks. From the Native Land Act 1862, through to the Urewera District Native Reserve Act 1896, the Urewera Lands Act 1921-22 and their various amendments to determine the effect these statutes had on the owners and ownership ofthe Waiohau blocks.

Mapping Requirements

The Waiohau block has undergone a number of critical changes during its lifetime. These included the traditional occupation and use of the general Waiohau area, the establishment of native land titles, sales, leases and other alienations, a massive consolidation scheme, and finally the current status of the land.

The report will detail these changes over time by way of a series of maps. The maps will be drawn as follows:

• Traditional use and occupation, Circa 1840 • Native Land Court investigation of title, 1878 • Pre-consolidation status of land titles, Circa 1920 • Post-consolidation titles, Circa 1936 • Contemporary titles, including Crown land, general land and Maaori freehold land, 1999

11 Proposed Report Structure

It is proposed that the Waiohau report will be structured around the key issues mentioned above. The report will have the following main chapters:

Chapter One: Historical Overview

A commentary on Maaori customary use and occupation of the Waiohau block, prior to title investigation. An outline of the general political context in the eastern Bay of Plenty, following the New Zealand wars, in which dealings and activities concerning the block took place during the 1870s and 1880s.

Chapter Two: Title InvestigationlEstablishment

Detailed analysis of the title investigation process through the Native Land Court, through to the establishment of the original Waiohau blocks, including the question of who brought the block to the Court, and why their reasons for doing so. An analysis of the role and function of the Native Land Court, land purchase officers and Maaori involvement in the process. A detailed analysis of specific blocks, including Waiohau 1B and the setting aside ofwaahi tapu.

Chapter Three: Alienation, 1878 to 1920

A descriptive analysis of the various (and numerous) alienations, which occurred following establishment of title. Particular emphasis will be placed on survey issues, the establishment of roadways, sales of land, Crown acquisition of land and shares in land and public works takings.

Chapter Four: Consolidation

An analysis of the Stout-Ngata Commission 1907 and an overview of consolidation schemes. Specific focus on the Urewera Consolidation Scheme in 1921 and subsequently the Ruatoki-Waiohau Consolidation Scheme, which occurred in 1936. A detailed examination of the cancellation of original titles

12 and creation of consolidated titles. An examination of the Crown's acquisition of shares and the political motivation behind the establishment of these schemes.

Chapter Five: Alienation 1920 to 1999

An examination of contemporary alienation issues, including public works takings, alienations by way of status declarations and gravel extraction. Specific emphasis will be placed on the establishment of part XXIV development schemes and whether they contributed to loss of owner control of their land. The role and function ofthe Maori Trustee will also be examined in light of its involvement in administering land on behalf of the owners. A summary of Crown acquisitions for forestry purposes will also be given. This chapter will also examine the current status of the Waiohau blocks with a summary of Crown land holdings, general land and Maaori freehold land.

Chapter Six: Discussion of Issues

Extrapolation of the main issues identified in the report and their discussion, with reference to the general themes of the report and specific concerns raised by claimants. Conclusions and identification of further issues will also take place.

Information Sources

The report will draw primarily from the Maaori Land Court record at Rotorua for its base title data. Maori Land Court alienation and consolidation files, as well as their closed file series will compliment this. Further relevant information will be obtained from the following sources:

13 PRIMARY SOURCES

Primary Sources - Maori Land Court, Rotorua Block Order Files Original Waiohau titles Consolidated Waiohau titles Title Binders Current Waiohau titles File Series Waiohau Closed File - 302 - Waiohau Waiohau Closed File - 303 - Waiohau 1 Waiohau Closed File - 304 - Waiohau 2 Waiohau Closed File - 305 - Waiohau Waiohau Closed File - 306 - Waiohau Waiohau Closed File - 307 - Waiohau 1A2 -lA7 Waiohau Closed File - 308 - Waiohau 1A8 - 1Al3 Waiohau Closed File - 309 - Waiohau 1B Waiohau Closed File - 310 - Waiohau No.2

Primary Sources - Lands and Survey Department, Rotorua

Nikora, T and Calvert, K. 'The Ruatoki Land Study - Definition and Mapping of Land Titles Volume 1', Lands and Survey Department, Rotorua. 1980

Primary Sources - Land Information New Zealand, Hamilton

ML 4026 (1)

Primary Sources - District Land Registry, Hamilton

Certificates of Title: PR 24/176, PR 47/154, PR 55170, PR 55/69,56/69,65/66

14 Primary Sources - National Archives, Wellington

Waiariki Maori Land Court District Minute Books (Rotorua)

Rotorua Minute Book series Whakatane Minute Book series Opotiki Minute Book series Urewera Minute Book series Minute Book series Consolidation Minute Book series IA

Maori Affairs File Series

MA 111920/218 V.l MA 111920/218 V.2 MA 1119201218 V.3 MA 1119201218 VA

Justice Department File Series

J 111894/1460 J 1119061752

Lands and Survey File Series

LS 1122/28477

Department of Education File Series

BAAA 1001l585C

15 SECONDARY SOURCES

Secondary Sources - Published Books

Best, E, Tu/we: The Children of the Mist, 2 vols, Wellington, AH and A W Reed, 1972, vol 1 Binney, J, 'Redemption Songs, A life of Te KootiArikirangi Te Turuki', Auckland, Auckland University Press and Bridget Williams Books, 1995 Stokes, E, J Wharehuia Milroy, and H Melbourne, ', nga [wi te Whenua te Ngahere: People, Land and Forests of Te Urewera', Hamilton, University of Waikato, 1986

Secondary Sources - Official

Appendices to the Journals of the House of Representatives New Zealand Gazette New Zealand Statutes

Secondary Sources - Unpublished

Miles, A, 'The Urewera Strategic Overview Report' (working paper), 1999 Miles, A, 'Te Urewera', Waitangi Tribunal Rangahaua Whanui Series (working paper: first release), March 1999

Secondary Sources - Theses

Melbourne, S, 'Te Manemanerau a te Kawanatanga: A History of the Confiscation of Tu/we Lands in the Bay ofPlenty', MA thesis, University ofWaikato, 1987

Waitangi Tribunal Reports

Bennion, T, and A Miles, 'NgatiAwa and Other Claims', report commissioned by the Waitangi Tribunal, September 1995 (Wai 46 ROD, doc 11) Campbell, L, 'Land Alienation, Consolidation and Development in the Urewera, 1912- 1950', report commissioned by the Crown Forestry Rental Trust, July 1997 (Wai 36, ROD, doc A9)

Rose, K, 'The Bait and the Hook: Crown Purchasing in Taupo and the Central Bay of Plenty in the 1870's', report commissioned by the Crown Forestry Rental Trust, July 1997

16 Waitangi Tribunal Associated Reports

Alexander, D, Report on Native Land Court Orders and Crown Purchase, vols 1, II and III, (Wai 46, ROD, doc C22) Crown Law Office, Summary Details of the Crown Acquisition of Central Forest Lands: Wellington, Crown Law Office (Wai 36, ROD doc AI0) Gould, A, 'Waiohau C25 and C26', (Wai 46, ROD, doc H6) Green, S, 'Waiohau and Omataroa Gravel Extractions', 1993 (Wai 46, ROD doc 3.9) Green, S, 'Waiohau C26', 1993 (Wai 46, ROD, doc C2) Marr, C, 'Public Works Takings ofMaori Land, 1841-1981', (Wai 46, ROD, doc D7) O'Malley, V, 'East Coast Confiscation Legislation and its Implementation', (Wai 144 ROD, docA2) Paul, R, 'Native Land Legislation from 1862 to 1880', (Submission to Te Ikawhenua Rivers hearing, 1994), (Wai 212 ROD, doc C9) Te Runanganui 0 Te Ika Whenua, 'Evidence on Te Houhi Village and Waiohau IB, vols 1- 9', (Wai 46, ROD, doc H4(a) to (i))

Timetable

It is proposed that this report will take four (4) months to complete. A Gantt Chart outlining the breakdown of research tasks is attached. A suggested completion date for the first draft is 19 November 1999, with the final production and release date being 31 January 2000. A breakdown of how the research will be structured is as follows:

Milestone Completion Date Phase One Initial Research Proposal 2 July 1999. Initial Maori Land Court Research 30 July 1999. Scoping Commission 13 August 1999. Scoping Report 17 August 1999. Phase Two Research Commission 3 September 1999. Data Collection 17 September 1999. Data Collation 1 October 1999. Progress Report 15 October 1999. Phase Three Data Analysis 29 October 1999. Maps 29 October 1999. Progress Report 29 October 1999.

17 First Draft 19 November 1999. Quality Assurance 3 December 1999. Revised Draft 10 December 1999. Quality Assurance 24 December 1999. Final Report 31 December 1999. Phase Four Document Banle 10 December 1999. Electronic CopyIDocumentation 24 December 1999. Final Production and Release 31 January 2000

18 Waiohau Blocks Gantt Chart