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The W Aiohau Blocks Scoping Report

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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 New Zealand 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/Iwi 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 Bay of Plenty-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.
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