'Located on the Precipices and Pinnacles' a Report on the Waimarino Non-Seller Blocks and Seller Reserves
Wai 903, #A55
'Located on the Precipices and Pinnacles' A Report on the Waimarino Non-Seller Blocks and Seller Reserves
Peter Clayworth
A Report Commissioned by the Waitangi Tribunal
June 2004 n n'" D'
Contents 0 Contents ...... 2 List of Maps ...... 5 List of Abbreviations ...... 6 0 Map 1: Location of Waimarino Block ...... 7 Map 2: Location ofWaimarino Non-seller blocks and Seller Reserves, 1895 ...... 8 Map 3: Status of Maori Land, Waimarino Block, 1920 ...... 9 D Map 4: Status of Maori Land, Waimarino Block, 1930 ...... 10 Map 5: Status of Maori Land, Waimarino Block, 1974 ...... 11 Map 6A: Waimarino 3 ...... 12 Map 6B: Waimarin0'3: Sales 19~O: ...... : .. "... .';':::;.;'.":;,~.;; ...... ~ ...... ::.:::::::-.~:13 0 .. ~-'-' Map 6C: Waimarino 3: Sales 1930-1974 ...... 14 Map 7: Waimarino 4 ...... 15 Map 8: Waimarino 5 ...... 16 0 Map 9: Waimarino 6 ...... 17 Mapl0: WaimarinoA ...... 18 Map 11: Waimarino B ...... 19 n Map 12: Waimarino CD ...... 20 Map 13: Waimarino E, Waimarino 8, Waimarino F ...... 21 Map 14: Kaitieke ...... 22 n Preface ...... 23 Introduction ...... 24 i.i Claims to the Waitangi Tribunal relating to the Waimarino reserves ...... 26 B Chapter One: The Waimarino block- Background to the creation, location and topography of the Waimarino reserves ...... 31 1.1 Introduction ...... 31 1.2 The title investigation for the Waimarino block ...... 35 1.3 The sale of the Waimarino block and the creation of the non-seller blocks ...... 37 1.4 Waimarino 2 ...... 41 1.5 Waimarino 3 ...... 42 1.6 Waimarino 4 ...... 43 1.7 Waimarino 5 ...... 44 [] 1.8 Waimarino 6 ...... 44 1.9 Waimarino 7 ...... 45 1.10 Waimarino 8 ...... 46 1.11 The Reserves for land sellers ...... 46 1.12 Waimarino A ...... 49 1.13 Waimarino B ...... 50 1.14 Waimarino CD ...... 50 1.15 Waimarino E ...... 51 1.16 Waimarino F ...... 52 1.17 An overview of the setting up of the non-seller blocks and seller reserves ...... 53 1.18 Conclusion ...... 55 Chapter Two: The History of the loss of Maori land from the Waimarino Reserves and Non-Seller Blocks: a Statistical overview ...... 56 2.1 Introduction ...... 56
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2.2 Methodology ...... 56 2.3 Land transfers up to 1910 ...... 60 0 2.4 Land transfer trends from 1911 to 1920: the non-seller blocks ...... 61 2.5 Alienation trends from 1911 to 1920: the seller reserves ...... 63 2.6 The 19l0s in summary ...... 65 D 2.7 Alienation trends from 1921 to 1930- the non-seller blocks ...... 66 2.8 Alienation trends from 1921 to 1930- the seller reserves ...... 68 2.9 The 1920s in summary ...... 70 0 2.1 0 Alienation trends from 1931 to 1940- the non-seller blocks and seller reserves ... 71 2.11 Alienation trends from 1941 to 1950- non-seller blocks and seller reserves ...... 71
~~ .. 2.12 Alienation trends fr0m.J.25J to 1960: non-seller blocks au.g sell~~~~...... :~72 " ...... "._"',.. ,., 2.13 Alienation trends from 1961 to 1975: non-seller blocks and seller reserves ...... 72' 0 2.14 The period 1961 to 1975 in summary ...... 75 2.15 The period from 1975 to 2003; the current status of the non-seller blocks ...... 76 2.16 The period from 1975 to 2003- the current status of the seller reserves ...... 77 0 2.17 Conclusion ...... 79 Chapter Three- The History of the Waimarino Reserves and Non-seller blocks up to the Native Land Act 1909 ...... 81 0 3.1 Introduction ...... 81 3.2 The period up to 1900- the case ofWaimarino 7 ...... 81 3.3 Land legislation and land alienation before 1909: leasing in the Waimarino blocks n ...... 84 3.4 The Stout-Ngata Commission in Whanganui 1907 ...... 88 3.5 Scenery Preservation- the taking ofland on the Whanganui River ...... 94 H 3.6 Scenery Preservation- Waimarino 4 and the Main Trunk Line ...... 98 3.7 Conclusion ...... 99 Chapter Four: The Alienation History of the Waimarlno Reserves and Non-Seller Blocks: 1909-1930 ...... 100 0 4.1 Introduction ...... 100 4.2 The Native Land Act 1909 and its impact on the Waimarlno blocks 1910-1930 .. 100 4.3 Waimarino 2: Leasing and sale of the block- 1911- 1926 ...... 101 4.4 Waimarino 3: Partition and subsequent land sales 1907-1930 ...... 103 4.5 Waimarino 5- Partition and Land Sales, Crown purchase ofWaimarino 5A4 ...... 108 4.6 Waimarino 6- Partition and land sales ...... 111 4.7 Waimarino A- Partition and sale ...... 115 4.8 Waimarino CD- amalgamation, partition and sales ...... 117 4.9 Waimarino E: partition and sale ...... 121 4.10 A summary of factors behind the sale oflands ...... 125 4.11 Conclusion- The Alienation of land in Waimarino in a nation wide context 1910- 1930 ...... 126 Chapter Five: The Alienation History of the Waimarino Reserves and Non-Seller blocks 1930 to the present ...... 128 5.1 Introduction ...... 128 5.2 The Waimarino blocks from 1930 to 1960 ...... 128 5.3 The sale ofWaimarino reserves and non-seller blocks in the 1960s and early 1970s ...... 130
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5.4 The Maori Affairs Amendment Act 1967 and the 'Europeanisation' of Maori Land o in the Waimarino blocks ...... 133 5.5 Conclusion ...... 137 Chapter Six: The Alienation History ofWaimarino B ...... 138 o 6.1 Introduction ...... 138 6.2 The initial partition and early alienations of the Waimarino B block...... 138 6.3 Crown efforts to purchase the Waimarino B blocks ...... 142 6.4 The,purchase ofWaimarino B3B2A and the question ofland at Kakahi ...... 148 D 6.5 Waimarino B and the Mangapurua as a soldier settlement...... 151 Chapter Seven: The Alienation History ofWaimarino 4 ...... 153 " ,"" .'. .7.1 In1l;Q4u.:cli2n.:r ... ~.'.. :: ... ~ ...... ~:~ .. :~ .....:.:.:.:; .. :: ..: .. :.::\::::i.;t.. : •. i!,~i:: .•. ' •.. T ...... -' ...... ' ... '·i~,'.'" . o -..... ~·~~"'·1.2 Early leasing and partiti()n in theWaimarino 4 block ...... 153 7.3 Public Works takings for Defence Purposes from Waimarino 4 ...... 156 7.4 Land taken from Waimarino 4B2 for a Scenic Reserve ...... 161 o 7.5 The Sale ofWaimarino 4A5 and Waimarino 4Bl and the leasing ofWaimarino 4B2, 4A2 and4A3 ...... 167 7.6 The sale of the Waimarino 4A blocks in the 1960s ...... 169 n 7.7 The sale of the Maori freehold land in Waimarino 4B2 ...... 176 7.8 Conclusion ...... 177 Chapter Eight: Waimarino 8 and Waimarino F ...... 179 o .8.1 Introduction ...... 179 8.2 Early interest in Waimarino 8 and Waimarino F ...... 179 8.3 Crown moves to purchase the Waimarino 8 and Waimarino F blocks ...... 180 8.4 Conclusion ...... 184 H Chapter Nine: The Kaitieke Blocks ...... 185 9.1 Introduction ...... 185 9.2 The reservation of the Kaitieke sections- the legacy ofTe Kere Ngataierua and Karanga Te Kere ...... 185 9.3 The subsequent history and current status of the Kaitieke sections ...... 189 9.4 Conclusion ...... 190 Chapter Ten: Conclusion ...... 191 10.1 Crown acquisition of the original Waimarino block: the establishment of the non- seller blocks and seller reserves ...... 191 10.2 The Stout Ngata Commission 1907 ...... 193 10.3 Land alienation in the 1910s and 1920s: Crown policies in acquiring land ...... 194 10.4 Land alienation trends 1910s to 1970s ...... 197 ] 10.5 Factors behind the sale oflands ...... 199 10.6 Valuation ...... 200 10.7 Europeanisation: the Maori Affairs Amendment Act 1967 ...... 201 10.8 Trusts and Amalgamation ...... 202 10.9 Overall Conclusion ...... 202 Bibliography ...... 203
4 List of Maps Map 1: Location ofWaimarino Block Map 2: Location ofWaimarino Non-seller blocks and Seller Reserves, 1895 Map 3: Status of Maori Land, Waimarino Block, 1920 Map 4: Status of Maori Land, Waimarino Block, 1930 Map 5: Status of Maori Land, Waimarino Block, 1974 Map 6A: Waimarino 3
Map~6B: Waimarino3:Sales 1910-1930 Map 6C: Waimarino 3: Sales 1930-1974 Map 7: Waimarino 4 Map 8: Waimarino 5 Map 9: Waimarino 6 Mapl0: Waimarino A Map 11: Waimarino B Map 12: Waimarino CD Map 13: Waimarino E, Waimarino 8, Waimarino F Map 14: Kaitieke
5 o D n\(, )
List of Abbreviations o ADMLB: Aotea District Maori Land Board AJHR: Appendices to the Journal of the House of Representatives D ANZ: Archives New Zealand BOF: Block Order File o CT: Certificate of Title LINZ: Land Information New Zealand MLC: Maori Land Court o '" ~. .J.i.~;t"~, '" .... > • NLC: Native Land Court o NZFS: New Zealand Forest Service ROD: Record of Documents ROI: Record of Inquiry n SOC: Statement of Claim TOWPU: Treaty ofWaitangi Policy Unit WMB: Whanganui Minute Book B
6 I 9 I o o n
n H
- Waimarino block o 10 20 30 40 50km , I , t."""", ! _ Railways b"""'''10 20 abmUes
MAP 1: LOCATION OF WAIMARINO BLOCK Wadangl Tribunal. April 2004. Nfl.
o 10 20 30kln I : ',' ',' " " ;' " I I 10 20miles -EB's
MAP 2: LOCATION OF WAIMARINO NON-SELLER BLOCKS AND SELLER RESERVES, 1895. (WITH LOCATION OF KAITIEKE RESERVE, 1908) D
10 20 SOkol , I ,. , , -EB's o n n n , Secs39 &41 Kaitieke H Waimarino4
f::*!:i! Land lost from Maori title u _ Land still in Maori title
MAP 3: STATUS OF MAORI LAND, WAIMARINO BLOCK. 1920 Wailangi Tribunal, April 2004, NH •
.ffis
Waimarino6
Waimarino8
SeesI- 39 &41 Kaitieke
Waimarino4
Waimarino 2
*;:;",1 Land lost from Maori title _ Land still in Maori title
MAP 4: STATUS OF MAORI LAND, WAIMARINO BLOCK, 1930 n I mIltangl Tribuna' April 2004, NH. o '0 '0 D n n n o , n Secs39&41 Kaitieke H Waimarin04 o
ft::!:!:!:! Land lost from Maori title - Land still in Maori title
MAP 5: STATUS OF MAORI LAND, WAIMARINO BLOCK, 1974 D D r'x ot ~
D Waitangi Tribunal, April 2004, NH.
D 41s D
n ::t.· n n
B D
Sold pre 1920 (';';'::'PSt''fm I·:·:·:·:·:·:·' Sold 1910 - 3D, Sold 1921 ·30 _ (ot';;««4 Some shares sold 1921 ·30, rest in 1960's Sold 1931 ·60 _ Sold 1961 ·74 _ Land still in CiLJ Maori title
Land EuropeanisedCLJ I:·~:'~:'~i Land Europeanised under Pt1 Maori under Maori Affairs Affairs Amendment Amendment Act 1967, Act 1967 then Europeanisation repealed Scenic reserve ll4.g,m
MAP SA: WAIMARINO 3 Waitangl Tribunal, April 2004, NH.
O~"""*,,,,=1 'T'==;===t===:.l'=r=="=====;1~ KM 6" ,: :', 3MILES -Efj, S
l'i~;Yi'\";4 Sold pre 1920 1:-:-:-:-:::::1 Sold 1910 - 30, Sold pre 1920
_ Sold 1921· 30 Sold 1920· 1930
MAP 68: WAIMARINO 3 Waitangi Tribunal, April 2004, MH.
D!=""",*,,,,,,,,,*,, ",=1 0;=,==;=="===,=;=====i===;-'? KM o 3 MILES
-E±ts
_ Sold 1931 ·60 Sold 1930 . 1960
_ Sold 1961 ·74 [OM!i"'i~ Som~ shares sold 1921 - 30, rest In 1960's Sold 1960 . 74
MAP 6C: WAIMARINO 3 B ft
WsitBng; TrIbunal, AptR 2004, NH• n
,1 ~KM 2MILES .ffis o
National Park n township o
SH.47
...... o ...... o H U
~ Crown Defence purpose takings 1911 h"'i'i'i'iill Sold 1920 - 1930 IIIIIIIIIIII Sold 1960 - 74 ~ Scenic reserve I222Z1 Taken for railway station =-=-=-= Railway
MAP 7: WAIMARINO 4 o n D o Wailangl Tribunal, Apr;1 2004, NH. o 1 2, 4, 5, KM 6"':"':" n 3MILES n Mangatiti Stream n n o n 8
~ Sold pre 1920 Ilim;!!!iii! Sold 1920 - 1930 _ Sold 1960 -74 _ Europeanised &sold 1967 > mmm Scenic reserve - 1911 c::J land still in Maori title
MAP 8: WAIMARINO 5 \ I
ivsitangf tilbiinal,lIpril 2OIJ4, NH.
2 SKM Io !, 11 o 2MILES
~. ? CP.....
~ Sold pre 1920 m!I!!!!!!'!1 Sold 1920 - 1930 (period of share sales) SH.4 .. Sold 1930 -1960 (period of share sales) IIIIIIIIIIIIII Sold 1960 - 74 _ Land Europeanised under Pt1 Maori Affairs Amendment Act 1967 c=I Land still in Maori title
::oor:::-=-= Railway
MAP 9: WAIMARINO 6
c:c c::::::a c::J c:::J t::a .. Cia Waitangi Tribunal, April 2004, NH.
o 1 SKM ~1!~!I~!!~tl*"~I~~~====~======~.1 40, o I I 3I.lILES s
:':':':':':':':':':':':':':':':':':A21':':':':':':'.. ,. ... '" ...... '" .. ,...... '" '" ......
A15 A16 A17 A14 A18
A 1-: -: -: ·1 Sold pre 1920 h""",!,;,!! Sold 1921 -1930 fI'IIIIJII Sold 1931 - 1960 11IIIIIIII Sold 1961-74 ~ Sold 1910 ·1930 (period of share sales) ~ Sold 1921 ·1960 (period of share sales) c:=J Land still in Maori title
MAP 10: WAIMARINO A Wailangl Tribunal, April 2004, MH.
o 1 2 3 4 5 KM -Ejj. I,!! It!!,. 1 , ! I ! 6 I I S 2 :3 MILES
Mangapurua Stream
82
...... ::=:=::::::::: :::=:=:':::::=:::=:::::: i\mmmm \~jl\\;~lili\imm\i\i :i: im m: l:" 4~~!;:. im m m:': ...... " ......
1::::::::::1 Sold pre 1920 '--_-'I Land still in Maori title
MAP 11: WAIMARINO B o 'MIIIan9i Tdbunal,Aplfl2004, NH o 1 2 3 4 5 KM ~"~'="~'='~"*'~'~~==='======~'=ri=====i====~' n b i i 2 3MILES n n n n n H u
~ Sold pre 1920 lii:!:i:i:;;;~ Sold 1921 -1930 IEEEEE!m Scenic reserve - 1916 _ Land Europeanised under Pt1 Maori Affairs Amendment Act 1967 C=:J Land still in Maori title
MAP 12: WAIMARINO CD B B B aHangl TtibunaI, April 2004, N U o 1 2 4 5KM ~:'~"~:'~"~:'=Ir=r==I====~===='====~1 o ' I , 2 3MILES D n WAIMARINOE D n
U 8
u 1;:::;:1 Sold pre 1920 li.i.i·l:i·M Sold 1920 -1930 ~ Sold 1910 - 1930 (period of share sales) =-=-= Railway
MAP 13: WAIMARINO E, WAIMARINO 8, WAIMARINO F Wailangi Tribunal, April 2004, NH.
(ij, o~: ====~~=====r~l=!===r======" ____ ~?KM S o lM1LE
IIIIIIIIII!I Land Europeanised under Pt 1 Maori Affairs Amendment Act 1967 c:=J Land still in Maori title
MAP 14: KAITIEKE
D {)n D Preface Tena koutou. My name is Peter Clayworth. I am a Pakeha of English, Welsh and Anglo D Irish descent. I am from Nelson in Te Wai Pounamu. I graduated with a Bachelor of Arts with Honours in History from the University of Otago in 1992. I was awarded a PhD n from the University of Otago in 2001. My PhD thesis examined the work of nineteenth century Pakeha and Maori scholars on Polynesian migration, with an emphasis on the n 'Moriori myth'. I have worked for the Waitangi Tribunal as a research officer and facilitator since 1999. I have written reports for the Tribunal on the Tuararangaia block in o the eastern Bay of Plenty and on the Te Pahou claim in the Te Whaiti area. n
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Introduction
The Waitangi Tribunal commissioned this report for the Whanganui district inquiry casebook. It follows a scoping report that was also written by Peter Clayworth. The current report was commissioned to trace the land alienation history of the non-seller blocks and seller reserves created after the alienation of the Waimarino 1 block in 1887. As such, it is an adjunct to Cathy Marr's report on the history of the creation, purchase and partition of the Waimarino block and should be read in conjunction with the Marr report. I Two further reports also cover issues that were of importance to the history of land alienation in the Waimarino non-seller blocks and seller reserves. These are Phillip Cleaver's report on public works takings in the Whanganui area and Robyn Hodge's report on scenic reserves on the Whanganui River.2
The project brief accompanying the original commission was amended on 15 September 2003 to better reflect the scope of the project and its relationship to the larger Marr report. As it had become clear that the Waimarino reserves report involved the analysis of a large quantity of primary material a statistical analysis of the large amount of data on Waimarino alienations and an examination of the process of 'Europeanisation' were topics added into the new project brief. The smaller issue of the status and alienation history of "Rurumaiakatea', as mentioned in the original commission, was removed from the project brief. Based on the September 2003 project brief the current report was to cover the following issues: • Detail of the exact location of the reserves and non-seller blocks, including the most accurate survey information; • Detail of any restrictions on alienation placed on any of the blocks; • Any Crown attempts to purchase any of the blocks prior to their actual alienation;
I The scoping report referred to has not been placed on the Whanganui district record of inquiry. At the time of writing Cathy Marr's Waimarino report was still in draft form. 2R Hodge, 'The Scenic Reserves of the Whanganui River, 1891-1986', Waitangi Tribunal, 2002. At the time of writing Phillip Cleaver's public works report was still in draft form. 24 B B • A brief summary of the alienation of riparian land from Waimarino CD, 2 and 5 for o scenic reserves; • A thematic or statistical account of the partition and alienation trends in the D Waimarino non-seller blocks and seller reserves from 1899 through to the 1990s. This should include comparisons through time between the Crown and private purchases and comparisons between non-seller blocks and seller reserves; n • As part of the thematic study mentioned above there should be an investigation of whether the Crown in its purchases or compulsory acquisitions differentiated between n non-seller blocks and seller reserves; • A discussion of the legal, social and economic factors that may have contributed to any of the trends in land alienation that are identified; • An examination of the partition history and private purchase of land in Waimarino 2, n 3, 5, 6, A, CD and E; • A discussion of the impact on the Waimarino blocks of the 'Europeanisation' of land o through the Maori Affairs Amendment Act 1967; • An examination of the Crown's purchase ofthe Waimarino 7, 8 and F blocks; 8 - A study of the Crown's purchase of the Waimarino B3Bl, B3B2A and B3B2B blocks in 1915, including how these purchases related to the soldier settlement scheme. The U history of the partition of Waimarino B and of any private purchases in the block should also be covered; -Examinations of the Crown's compulsory acquisition of land from part of the Waimarino 4B2 block in 1911 for defence purposes and in 1912 for a scenic reserve. Included in such an investigation would be the Crown's transferral of parts of Waimarino 4B2 to the Tongariro National Park in 1922; • A study of the purchase by the Crown ofWaimarino 4AIA, 4A2 and 4A4 in 1960 and ofWaimarino 4A3 in 1967 for prison purposes; • The partition and alienation history of the remainder ofWaimarino 4; • An investigation of the location and status of Kakahi marae, given the inclusion of Kakahi village in the Crown's purchase ofWaimarino 1 in 1887; • An explanation of the circumstances of the 1909 reservation for Maori of sections 39 and 41 Block X Kaitieke Survey District;
25 • The report will specifically consider whether land acquired by the Crown was used for the purpose for which it was acquired and whether it was offered back to the original owners once no longer required for those purposes.
The report was not to include the following matters, which were to be dealt with by the Marr report on the Waimarino block: • The negotiation of the location of the reserves and non-seller blocks; • Delays in the survey of these areas; • The reservation of land at Tawata for Te Kere N gataierua and his followers; • The alienation of the land known as Tieke from non-seller block 5; • The decommissioning of Waikune Prison in 1986 and Maori attempts to have the land and improvements returned to them.
The largescale of the research for this project, combined with a variety of other calls on the author's work time, has meant that a number of extensions to the original commission deadline have been necessary. i.i Claims to the Waitangi Tribunal relating to the Waimarino reserves
At the time of writing there were nine claims on the record of the Waitangi Tribunal that directly related to the Waimarino reserves.
• Wai 48 is a claim made by J Akapita and A Waitai on behalf of the Tamaupoko iwi. The claim asks, 'That all land as contained in the original Waimarino block, over and beyond that which in the opinion of the Tribunal fulfils the reasonable requirement for a railway, be returned to the Tamaupoko iwi,.3
3 Statement of Claim, Wai 48, 23 November 1988, Wai 903 ROD l.l.2, Waitangi Tribunal, Wellington, 2004 26 • Wai 73, the claim of S Pehi on behalf of the owners of the Waimarino 4B2 block, claims that the owners were prejudicially affected by a series of compulsory acquisitions by the Crown ofland from the 4B2 block.4 o • Wai 146, the claim by H Amohia and B Emery on behalf of Tama Upoko, Hine n Ngakau, Ngati Tupoho, Ngati Rangi and Ngati Maniapoto. This claim mentions land taken for railway purposes, some of which may have been land in the non-seller n blocks or seller reserves. An amendment to the Wai 146 statement of claim raises the issue of the Crown's taking of land from the Waimarino 4 reserve for the Waikune Prison farm.5 n
• Wai 221 is a claim made by J Akapita, on behalf of the Tamaupoko subsection of the n Whanganui River Maori Reserves Trust. The claim asks for an investigation into 'all i lands purchased from Maoris that fall within the terms of the North Island Main Trunk Railway Loan Application Act Section 4 Subsection 5 ... '. The statement of claim specifically mentions the Waimarino I Block and 'any lands of the Whanganui H Tribes lying outside the boundaries referred to' .6
• Wai 555 is a claim by MK Cribb, L N Ponga and others on behalf of the descendants of Tamahaki. The claim relates to the actions of the Crown concerning a number of II Whanganui blocks including the Waimarino block. 7
• Wai 843 is a claim by B A Lloyd on behalf of the original owners and descendants of owners of the Waimarino 4 block. The statement of claim describes the acquisition by
4 Statement of Claim, Wai 73,13 October 1988, Wai 903 ROD 1.1.5, Waitangi Tribunal, Wellington, 2004 5 Statement of Claim, Wai 146, 13 June 1990 and Amendment l.la to Wai 146, 27 June 1990, Wai 903 ROD 1.1.7, Waitangi Tribunal, Wellington, 2004 6 Statement of Claim, Wai 221, 26 March 1987, Wai 903 ROD 1.1.11, Waitangi Tribunal, Wellington, 2004 7 Statement of Claim Wai 555,16 February 1996, Wai 903 ROD 1.1.19, Waitangi Tribunal, Wellington, 2004
27 D 0 {l
the Crown of a senes of blocks that had been partitioned out of the original 0 Waimarino 4 block. These blocks were acquired for prison and defence purposes. 8 n • Wai 954 is a claim by R W Cribb, R J Bristol and R Rapana, on behalf of the descendants of Tamakana. The claim alleges that the descendants of Tamakana were n prejudiced by the actions of the Crown concerning those parts of the Waimarino block n that fall within the Tamakana rohe.9 • Wai 1072 is a claim by M Haitana on behalf of Ngati Ruakopiri. The claim alleges n that Ngati Ruakopiri have been prejudicially affected by the actions and omissions of the Crown in relation to the alienation of those parts of the Waimarino block that n comprised the rohe of Ngati Ruakopiri, including land in the Waimarino 3, n Waimarino 4 and Waimarino A blocks. 10 • Wai 1170 is a claim by R Bristol, R Rapana, and M Haitana on behalf of te tangata B whenua 0 Uenuku, the descendants of Uenuku Poroaki. The claim states that the descendants of Uenuku were major landowners within the Waimarino block, particularly in the area of the Manganui aTe Ao River and in the areas ofWaimarino U 4 and Waimarino 5. The claim alleges a range of Crown breaches of the Treaty including the taking of land for railway purposes from Waimarino 4 and for scenic
purposes from a range ofWaimarino blocks. 11
i.ii Methodology
Research for the report was largely based on Crown records. These included a very large number of Maori Land Purchase alienation files held at Archives New Zealand in
8 Statement of Claim, Wai 843, 23 March 2000, Wai 903 ROD 1.1.27, Waitangi Tribunal, Wellington, 2004 9 Statement of Claim, Wai 954, 10 October 2001, Wai 903 ROD 1.1.28, Waitangi Tribunal, Wellington, 2004 10 Statement of Claim, Wai 1072, 23 December 2002, Wai 903 ROD 1.1.39, Waitangi Tribunal, Wellington, 2004 11 Statement of Claim, Wai 1170, 14 April 2004, Wai 1170 ROD 1.1.l, Waitangi Tribunal, Wellington, 2004 28 o o I Wellington. The author of this report also looked at a large number of block order files U held at the Aotea Maori Land Court in Wanganui. Despite the large number of alienation and block order files consulted, the information in these records was very patchy with o some subdivisions being covered in great detail while for others there was very little information. This has meant that the history of some blocks has been able to be covered in far more detail than some other blocks. In the research process considerable use was n made of certificates of title and survey plans, obtained through the landonline system of Land Information New Zealand (LINZ). This report also used files of the old LINZ and n its predecessor the Lands and Survey Department, obtained through the interloan service operated by LINZ. The large number of files consulted in order to determine the n intricacies of land ownership, partition and sale meant that there was not enough time to consult Public Works or Forest Service files which may have given further insights into n the history of the Waimarino seller reserves and non-seller blocks. The Maori Land Courts MLIS (Maori Land Information Service) electronic database was used for information on the current status of Maori land blocks.
In the early stages of writing this report there were only two relatively brief reports H available on the original purchase of the Waimarino block, those of Laurenson and Hamer.12 Neither report contained much information on the establishment of the Waimarino non-seller blocks or the seller reserves. This created many difficulties in determining the early history of the non-seller blocks and seller reserves. In the later n stages of working on the current report the author relied heavily on the advice and assistance of Cathy Marr, who, at the time of writing, was completing a report o commissioned by the Waitangi Tribunal on the original Waimarino block. The author of the current report used Marr's draft extensively in the sections on the background history of the sale of Waimarino and the establishment of the non-seller blocks and seller reserves. The author also used many papers from the two volumes of the file MA-MLP 1 1924/202 for the early alienation history ofWaimarino. u
12 M Laurenson, 'The Crown's Acquisition of the Waimarino Block', 1991, Woo 167 A38; P Hamer, 'The Crown's Purchase of the Waimarino Block & Related Issues', TOWPU, 1992, (Wai 903 ROD, doc AI4). 29 The author also made use of a draft of Phillip Cleaver's report on Public Works takings in the Whanganui area and Robyn Hodge's report on scenic reserve takings on the Whanganui River. The Waitangi Tribunal commissioned both Cleaver and Hodge to write their respective reports.
The author has also met claimants from a variety of claimant groups at hui at Putiki, on 7 September 2002, and at the Tongariro chateau on 9 September 2003. The author advised claimants on the progress of the report and answered questions of clarification.
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g o Chapter One: The Waimarino block- Background to the creation, location and o topography of the Waimarino reserves
1.1 Introduction o This chapter gives a brief overview of the creation of the original Waimarino block and n its passage through the Native Land Court. A more detailed account of the background to these events and of the creation, purchase and partition of the Waimarino block will be n given in the Marr report. The original Waimarino block was an area of around 458,500 acres (183,400 hectares). The boundaries ofthe block were described in the New Zealand Gazette of 26 May 1887 as: Bounded towards the North by the Wanganui River from the northwest angle of " the Kirikau Block to its confluence with the Whakapapa River, then towards the Whakamangahuia Stream, and a right line to the Paraetetaitonga Trig station, and by a straight line from the latter point to the Ruapehu Trig Station; towards the o south by the Huriwera Block, the Raetihi Block, by unsurveyed Native land, by the Atuahai Block, the Mangoihe Block, by the N gatipare Claim, the Huikumu H Block, by unsurveyed Native land, and by the Ngaporo Block to the Wanganui River; towards the west by the Wanganui River to its confluence with the Orapa U Stream, by the Popotea Block, by the Wanganui River to the most western angle of the Retaruke Block, the Kirikau Block to the starting point. 13
From the mid-1860s onwards, the north-eastern part of the Whanganui rohe, including the future Waimarino block, was part of an area of significant resistance to land sales. In the 1870s this resistance took a variety of forms. One form of resistance to land sales was the Rohe Potae, also known as the 'King Country', the area where the Kingitanga was the dominant political force. Within the Rohe Potae the colonial government and the Native Land Court had no practical authority or control. The Tuhua area, which included some of what was to become the northern part of the Waimarino block, was within the aukati or borderline of the Rohe Potae. A variety of other forms of resistance to land sales existed in the interior country of the upper Whanganui. Some Whanganui people were
31 followers of the prophets Te Whiti 0 Rongomai and Tohu Kakahi based at Parihaka. The prophet Te Kere Ngataierua built up a large following in the Whanganui interior based around teachings of peaceful opposition to Crown authority, which included the boycotting of the Native Land Court. Other leaders stayed independent from the Kingitanga and the prophets but maintained resistance to land sales. 14
In the 1870s the colonial Government initiated a major public works and immigration programme. The programme was promoted by Julius Vogel and continued into the 1880s under the Grey and the Stout-Vogel administrations. This programme had the dual aims of stimulating the economy and opening up the central North Island to Pakeha settlement, thereby bringing the autonomous Maori areas under colonial control. A central feature of the plan was to build a Main Trunk Railway through the centre of the North Island. In order to facilitate the building of the Main Trunk Railway, in 1882, the Government embarked on a policy of diplomacy with Maori leaders in the interior, including those in the upper Whanganui and the Rohe Potae. The Government combined these activities with enabling legislation to allow the building of the railway to go ahead and attempts to explore the interior in order to select the best rail route. The North Island Main Trunk Railway Loan Act 1882 authorised the raising of a £1,000,000 loan to finance the railway including the survey and purchase ofland. 15
In September 1883 John Rochfort was instructed to make a reconnaissance survey of the central route that would pass through the interior country including what would become the Waimarino block. A number of chiefs from the upper Whanganui and Tuhua areas appear to have agreed to allow the survey to go ahead. Despite this support, Rochfort was obstructed on many occasions and was stopped at the Manganui a Te Ao River. Rochfort finally succeeded in traversing the Waimarino plains and the Tuhua area and arrived at
13 NZ Gazette, No. 33,26 May 1887, p 678 14 D Young, Woven by Water: Histories from the Whanganui River, Wellington, Huia Publishers, 1998, pp 110-112,130-140,163-8; C Marr, 'Waimarino Report', Waitangi Tribunal (draft April 2004), Ch 1 pp 53- 58 15 Marr, Ch 2, pp 1-7
32 Taumarunui. There he was stopped and forced to turn back by an armed party ofNgati Maniapoto. 16
As negotiations and attempts to survey the interior continued, many of the leaders in the interior came to see the building of the railway as both inevitable and potentially economically beneficial to their people. At the same time these leaders were fearful that with the railway would come the jurisdiction of the Native Land Court, bringing with it the rapid loss of land held under traditional ownership. In response to this perceived threat, members of Ngati Maniapoto, Ngati Raukawa, Ngati Tuwharetoa and Whanganui petitioned parliament in 1883, requesting that the Native Land Court and government land purchase agents be prohibited within the Rohe Potae. 17
After the 1883 petition had been lodged, the Native Minister John Bryce and the Ngati Maniapoto leader Wahanui corresponded and held a series of negotiations from September through to December 1883, regarding the opening up of the interior. These negotiations included a meeting between Bryce and leaders ofNgati Maniapoto and other interior tribes at Kihikihi, from 30 November to 1 December 1883. Following these negotiations Rohe Potae tribes appear to have agreed to an external survey of the boundaries of the Rohe Potae, including the Tuhua area. Bryce assumed they had also agreed to allow surveyors to find a route for the railway. Details of how surveying might proceed within the Rohe Potae remained vague. After the Kihikihi meeting a group of Rohe Potae chiefs with Ngati Maniapoto, Ngati Tuwharetoa and upper Whanganui connections met with the Assistant Surveyor-General, Stephenson Percy Smith, on 19 December 1889, to negotiate details of the agreement. They concluded what became known as the Aotea Agreement, whereby the Crown agreed to survey the entire external boundary of the Rohe Potae for a fee not exceeding £1,600, with the implication that no internal surveys would be carried out. The Government seems to have taken the Aotea Agreement as giving the go ahead for a variety of surveys within the Rohe Potae. In addition to the survey of the external boundary, Government surveyors also conducted a
16 Ibid., Ch 2, pp 22-27 17 Ibid., pp 29-31 33 o n ,(~."' " }' nQ trigonometric survey within the Rohe Potae and carried on the exploratory survey for the
D Main Trunk. Railway. 18 n In 1884 a new administration, the Stout-Vogel Ministry, was elected, with John Ballance as their Native Minister. Under the new administration, the Aotea Agreement was n followed by three pieces of legislation that were to have a profound affect on the Maori retention of control over the interior country, including the Rohe Potae. The first of these n was the Native Land Alienation Restriction Act of 1884, which gave the government the right of pre-emption over lands within a prescribed district, which included the Rohe D Poate and the remainder of what was to become the Waimarino block. This meant the Government could acquire the land needed for the Main Trunk Railway, while ensuring n that the prices the Government would pay for such land would not be inflated by ~ornpetition from private purch~sers. The Act covered a much wider area of land. than that required for the Railway, indicating that the Government hoped to open up ,the interior country for land purchases by the Crown. A second piece of legislation, the Railways Authorisation Act 1884, defined the route of the Main Trunk. Railway through the eastern part of the future Waimarino block to Taumarunui. In 1886, the North Island Main trunk Railway Loan Application Act was passed, authorising the use of up to £100,000 from the Public Works Fund for the purpose of purchasing land along the main n trunk route. 19 The official proclamation of the Main Trunk Railway route was made in April 1885, n using the relevant sections of the Railways Authorisation Act 1884 and the Public Works Act 1882. The Government, acting under section 130 of the Public Works Act, announced its intention to take the land required for the main trunk route, making it necessary for the original owners to apply for compensation. In order to be paid compensation, the Native Land Court had to grant title to the land in question. By announcing the route of the Main Trunk Railway the government had effectively opened
18 Marr, Ch 2, pp 32-41 AJHR, G-9, 1885, pp 1-2 19 P Hamer, 'The Crown's Purchase of the Waimarino Block & R~lated Issues', TOWPU, 1992, (Wai 903 ROD, doc AI4), pp 10-11 34 up the Rohe Potae to the jurisdiction of the Native Land Court. Many of those living within the Rohe Potae appear to have accepted these developments on the assumption that the railway would bring economic prosperity to the region. The Rohe Potae was opened up even further to the Native Land Court when, in 1885, Ngati Tuwharetoa, under .their paramount chief Te Heuheu, applied for the Native Land Court to investigate the title to their lands. Marr argues that, during this same period Ballance was changing his land purchase policy on the rail route. Whereas Ballance had previously argued that land should be compulsorily acquired by the Crown and compensation paid, he now began to support a policy of major Crown land acquisition in the interior through the operation of the Native Land Court.20
1.2 The title investigation for the Waimarino block
Te Rangihuatau, a minor chief of Ngati Tamakana, made an application to the Native Land Court in late 1885, along with two other signatories, for a survey and title investigation of the Waimarino block. The earliest official record of their application is dated 27 December 1885, but this is apparently a duplicate of an earlier application. The area described in the application began at the peak of Ruapehu, followed the Mangakuia River to Whakapapaiti, Whakapapanui, and Waipatukakahu, then along the Whanganui River to the Manganui a Te Ao, on south to Pukeatua, Okahurea, Hukaroa and Orangitakotohau, then following the Mangawhero River to the peak of Ruapehu. At this stage the block was estimated to have an area of around 490,000 acres. The application claimed to represent the people of N gati Tamakana who resided at Manganui a Te Ao. While a considerable number of people were named in the application, it was signed by
only three leaders Te Rangihuatau, Tawhiri Matia and Tukehu 0 te Motu, none of whom seem to have been recognised as major chiefs at that time.21
Marr points out that the application was acted on with great speed. An official notice in the Kahiti of2l January 1886 announced that the application would be one of those to be
20 Hamer, pp 10-13; Marr, Ch 3, pp 3-12 21 Application No 772, LS-W series 46/6, ANZ; Marr, Ch 3, pp 14-15 35 heard at the Native Land Court sitting beginning at Wanganui on 22 February 1886. The investigation into the Waimarino title began on 1 March 1886, with Judge L O'Brien and Judge E W Puckey presiding. The title hearing was held at a sitting that began only a month after the announcement in the Kahiti, meaning that residents within the Waimarino block, a very remote area of approximately 490, 000 acres, had very little time to find out about the hearing. It is a fair assumption that few of the residents were in attendance at the Native Land Court sitting. No survey plan of the area existed at that time, so a sketch map of Waimarino was presented to the Court. Te Rangihuatau, who claimed membership of N gati Maringi and of the N gati Tamakana hapu, stated that he had the rights to the Waimarino block through his descent from Tamakana. Only three objections were made, all of which Te Rangihuatau effectively neutralised by agreeing to include them within his own claim. The hearing was then adjourned until 13 March to allow the drawing up of lists of owners. 22
When the Waimarino case resumed Te Rangihuatau presented his list to the Court and objections were heard. A number of applications were made by people wanting areas of land cut out from the larger Waimarino block claimed by Rangihuatau. In the final judgement on 16 March 1886, the Court awarded 14,977 acres to be set aside for Tareti Te Wairama and 18,525 acres for Te Kiritahanga, both in the vicinity of the Mangawhero and Makotuku streams. The Ngati Pare hapu also made a claim for a separate area from Rangihuatau's broader claim. As a result the Court ordered that 2,309 acres be cut out for Ngati Pare, to the south of the Waimarino block in the vicinity of the Waipapa stream. The Ngati Kaponga hapu also made an application, but the Court rejected this on the grounds that the evidence was unconvincing. After these processes were completed an estimated 454,189 acres remained in what the Court defmed as the Waimarino Block. The title to the Waimarino block was granted on 16 March 1886 to those on the list of 1010 names provided by Te Rangihuatau. The list of names did not contain any indication of the relative shares in the block any individual might be entitled to. 23
22 Marr Ch 3, pp 26-35 23 Marr Ch 3, pp 35-43, 50; A Ward, 'Whanganui ki Maniapoto', Wai 48 record of documents, A20, p 69; Whanganui Minute Book 9, 1 March -16 March 1886, pp 199-200,257,277-290 36 1.3 The sale of the Waimarino block and the creation of the non-seller blocks
Following the Native Land Court's award of title to the Waimarino block, the Crown proceeded to buy up as many shares in Waimarino as possible. Marr points out that the Government appears to have decided to purchase the Waimarino lands even before the application for title was made. 24 In December 1885, W J Butler arrived in Wanganui to act as Land Purchase Officer, replacing Thomas McDonnelL Prior to this job, Butler had been private secretary to a number of Native Ministers, including Bryce and Ballance. Butler, who had grown up in New Zealand, was a knowledgeable speaker ofte reo Maori. He had worked for the Native Department since 1878 and, in his role as private secretary, had been involved in the Rohe Potae negotiations. Butler was given official approval on 10 April 1886 to begin purchasing shares in the Waimarino block. Marr shows that, in March 1886, Butler had already started making payments to chiefs with interests in Waimarino. Butler embarked on a major share buying exercise over the next 11 months. In addition to paying owners for their shares, Butler promised those who sold that they would receive around 50 acres of land each as an individual reserve. He had already suggested to the Government that, once the Waimarino block was purchased, 50,000 acres should be set aside, to be divided up as reserves for the approximately 1000 owners Butler also promised the land sellers that the Crown would pay for the surveying out of their reserves. Butler claimed that he made this promise on the understanding that sellers must accept reserves in areas he had allocated, but it is not clear that this was the understanding that landowners took form his promise.25
In the period from April 1886 through to March 1887, Butler was able to buy up most of the shares in the Waimarino block, for the relatively low sum of £35,000. Marr's draft report examines this process in detail and identifies a large number of problems with the purchase exercise. The purchase was completed with great haste, which exacerbated problems such as the correct identity of owners on the lists. In the years after the
24 Marr, Ch 4, pp 16-22 25 Ibid., Ch 4, pp 4-5, 10-11; Butler to T W Lewis, 30 July 1887, MA 1 1924/202 voll, ANZ
37 o D o D purchase there were many accusations of 'personation', where owners claimed that others had sold their shares without their knowledge. Butler's purchase exercise also involved a o large number of questionable payments to influential leaders for assistance in the purchase process. The purchase process began before the Waimarino block was even accurately identified by a completed official survey. No official valuation of the D Waimarino block was carried out before Butler began buying up shares. The title issued by the Native Land Court had not defined the relative shares of the owners. Butler o therefore made his own decisions on how much to pay each owner, on the basis of what he considered to be their relative interest in the block. Butler appears to have made no o effort to ascertain which owners may have had traditional rights to which areas of the huge Waimarino block. In particular a number of owners asserted that the Tuhua area, o which had been part of the Rohe Potae, should not be considered as part of the Waimarino block. Many of the owners seem to have been confused as to how much land n they were selling and where exactly the land in question was located. Sellers were~aJso confused over how much reserve land they would receive and many appear to, have 8 .believed they would be able to personally select the location of their reserve land. Marr also points out that Butler appears to have been particularly assiduous in buying up; the n shares of minors from their trustees. Butler continued to buy up shares right up to;:and even during the partition hearing over Crown's purchases.26
On 30 March 1887, Butler brought the Crown's application for a subdivision of the Waimarino Block before the Native Land Court. Again this case is described in detail by Marr's draft report. Chief Judge MacDonald was the presiding officer, assisted by Judge E W Puckey and the assessor Paraki Te Warn. Butler conducted the Crown case for partition. He stated that the Crown had acquired the shares of all but 101 of the original owners on Te Rangihuatau's list. The Chief Judge rejected a number of calls for an adjournment and proceeded with the case. Only three of those named on the list of non sellers were present in the Court, indicating that other non-sellers may have decided to boycott the hearing. One of the non-sellers, Turihira Kereti, stated that his people had returned to their lands and that he was therefore unable to call his witnesses. He was also
26 Ibid., Ch 4.
38 ""---" a g I unable to point out his hapu boundaries. The second non-seller to appear as a witness was a Taituha Te Uhi, a rangatira of the Tuhua district. He claimed his interests were identical to those of his fellow rangatira Tanoa Te Ubi and Tuao. Taituha insisted that their Tuhua a lands should not be included in any sale and called Te Rangipuhia, Hakiaha Tawhiao and Pripi Tuhaia as witnesses to support his claim. The third non-seller to appear at the 0 hearing, Tarewa Heremaia, claimed that her lands were the same as those described by Te Rangipuhia when he gave evidence for Taituha's case.27 0
Butler then presented the Crown case, calling Te Rangihuatau as his first witness. Rangihuatau gave evidence on the rights of particular individuals and hapu to areas of n Waimarino. Butler also called Warahi Panikera, Tutawa and Wiremu Kiriwehi Matutoro as witnesses on hapu details. Butler, in a report written after the hearing, claimed that a n large number of owners had entered into a 'conspiracy' to present the interests they had sold as being minimal, while emphasising the extent of the interests of the non-sellers. n Butler accused Topia Turoa of leading this conspiracy and of intimidating Crown witnesses. Perhaps because of fears of intimidation, Butler had Te Rangihuatau present H part of his evidence as a written statement. This was an unusual procedure for the Native Land Court at this time.28
On 5 April 1887, the Native Land Court announced its decision on the partition of the Waimarino Block. The Court agreed with Butler that there had been a conspiracy to intimidate the Crown witnesses and stated that this had made it difficult to get reliable evidence from them. Marr points out that the Court appears to have taken a quite different attitude to the evidence of the Crown witnesses as opposed to that of the non-sellers. The Court dismissed the case of Taituha Te Ubi and his witnesses, presumably on the grounds that their evidence was not reliable. In contrast, when the Crown witnesses were seen to be presenting unreliable evidence, this was excused as being the result of intimidation.29 The Court appears to have agreed with Butler's attitude that the onus was on the non-
27 Marr, Ch 5, pp 10-15; WMB 13, 1887, pp 122-133 28 Hamer, p 16; Marr, Ch 5, pp 15-19; WMB 13, 1887, pp 133-157; Butler report on Waimarino reserves, 8 July 1887, MA 1 1924/202, vol 1, ANZ 29 Marr, Ch 5, pp 23-24; WMB 13, 1887, pp 146-148 39 n o o o sellers to identify which .land they wanted to retain. The unsympathetic attitude of the Court towards the non-sellers over the issue of the location of their blocks is illustrated o by Chief Judge MacDonald's statement that, 'it will be the non-sellers own fault if they are located on the precipices and pinnacles' .30 o The Court allotted 417,500 acres of the original block to the Crown, which was partitioned off as Waimarino 1. Another seven blocks, making up a total area of o approximately 41,000 acres, were partitioned out for the non-selling owners of Waimarino and designated as Waimarino 2-8. The minute book for this court session n shows that the Court awarded relative interests within the 41,000 acres to the members of twenty hapu and to two individuals, but there is no indication of the basis the Court used n to apportion these interests. The Native Land Court made 114 grants of land to non selling owners. As ten of these owners received two grants each, 104 non-selling owners ,U were granted land in the seven blocks. The location and area of these blocks seems to;·', have been made entirely on the advice of Butler. It is not clear how Butler decided who B would be allocated shares in particular blocks. Marr argues that Butler appears to have recommended the awards of land on the theory that each individual share in the original D Waimarino block was worth around 400 acres. While the individuals in nearly all of the ownership lists were grouped according to hapu, there is no evidence that the blocks were allocated on the basis of traditional ownership of the areas in question. Despite the identification of owners hapu membership, it appears that ownership was not designated to hapu as such but that undivided shares were allocated to individuals, who in turn could pass these shares on to their successors. The long term effect of granting land title to listed individuals was that control of the land passed from hapu leadership structures to individual shareholders who could sell or lease land when they so desired. 31
The partition orders located for the non-seller blocks give 5 April 1887 as the date from which title was issued for each. The certificates of title located for a number of non-seller blocks are all issued at later dates but refer back to 5 April 1887 as the date that title to
30 WMB 13, P l48
40 each of the blocks in question was issued. None of these documents give any indication n of when the surveys of the blocks actually occurred. 32 Otway's surveyor's report on Waimarino 2 and 5 and Dalziell's report on north-western. Waimarino 4, 6, 7 and 8 both o date from 1895, as does the survey map ML 1368 ofWaimarino 4. Letters from a number of Maori in the Taumarunui' indicate that Waimarino 6 and 7 were surveyed in 1894 or n early 1895. While the evidence is not definite it seems likely that the surveys for the non seller blocks were carried out during the same series of survey expeditions conducted for the seller reserves.33 n
It is not clear what basis Butler used in his selection of the locality and area of each block n nor how he decided that particular hapu or individuals would be allocated these blocks. The blocks as they were eventually defined and designated are described below: o
1.4 Waimarino 2 n
A certificate of title for the Waimarino 2 block, of 3640 acres (1473 hectares), was issued in favour of eight owners, all belonging to the Ngati Hinekura hapu. The area of the H original block was located in the south-westem comer of the Waimarino block, in what is now block IV of the Rarete Survey District (SD) and block XIV of the Whirinaki Survey n District. The western border of the Waimarino 2 block consisted of the true left bank of the Whanganui River from the outlet of the Wairere Stream south to the outlet of the Arawata Stream. The southern boundary of the block followed the true right bank of the Arawata Stream for approximately three kilometres, bordering the Popotea block. The eastern border of the Waimarino 2 block consisted of a line from a point on the Arawata Stream running slightly to the north-east of due north for approximately five kilometres,
31 Hamer, p 16; Marr, Ch 5, 25-27; Whanganui MB l3, p 148. The exception to this was Waimarino 7 where the two owners were listed without any mention of their hapu afiliations. 32 Partition Order Waimarino 3, BOF WH 388/1, Aotea MLC; CT 227/90 Waimarino 3; Partition Order Waimarino 4, BOF WH 564/1, Aotea MLC; CT 1911241 Waimarino 4; Partition Order Waimarino 5, BOF WH 389/1, Aotea MLC; CT 219/256 Waimarino 5; CT 157/205 Waimarino 6 33 Taituha Te Uhi to the Native Minister, 5 March 1895, MA 1 19241202 vol 2, ANZ; Tuao to Native Minister, 17 March 1895, MA 1 1924/202 vol 2, ANZ; Paroane Ropiha and Hinaki Ropiha to Native Minister, 2 July 1895, MA 1 1924/202, ANZ; C C Otway, Report on Waimarino B, 2, 5 and Popotea, 5 August 1895, MA 1 1924/202, vol 2, ANZ; PA DalzieU, Surveyor's Report on Waimarino 4,6,7, and 8,11 December 1895, in MA 1 1924/202 vol2, ANZ; ML l368 41 o n o o to a point on the Ngapuke Whakatara hill. The northern border of the block consisted ofa line from this point on Ngapuke Whakatara, travelling south-west to a point on the n Wairere stream approximately half a kilometre from the streams outlet into the Whanganui River. This northern line also formed part of the south-eastern border of n Waimarino 5. The land ofWaimarino 2 was rugged country, with steep valleys cut by the . Wairere, Arawata and Kahura streams. A surveyor's report on the block from 1895 describes it as: 'Rough throughout, covered principally with Black Birch and Tawhero, n bounding on the Wanganui River with precipitous cliffs 150 to 200 ft high [ ... ] taking it n all though the land is rather of a poor nature' .34 n 1.5 Waimarino 3 A certificate of title for the Waimarino 3 block, of 18, 350 acres (7426 hectares), was u issued in favour of 50 owners, who were noted as being from the Ngati Maringi, Ngati Kahukurapango, Ngati Tamahuatahi, Ngati Tangiwharau, Ngati Kahukurapane, Ngati Te H Wairehe, Ngati Te Atamira, Ngati Pare, Ngati Tamakana, Ngati Tukaiora, Ngati Tumanuka, Ngati Ruakopiri, and Ngati Ngaranoa hapu. The area of the original , n Waimarino 3 block was centred on the Manganui a Te Ao River. It straddled block XIII of the Manganui Survey District, blocks XII, XV, XVI, of the Whirinaki Survey District and blocks N, V, VI and VIII of the Rarete Survey District. The most south-western point of the block was located at a point on the Manganui a Te Ao River adjacent to the Ngaporo and Taku blocks, less than a kilometre from the confluence of the Manganui a Te Ao with the Whanganui River. The Waimarino 3 block followed the Manganui a Te Ao River in a north-easterly direction for over ten kilometres. The north-eastern boundary was essentially a line drawn between the Pakiariki and Okauama trigs. The Waimarino 3 block was bordered on the north-west and north-east by the Waimarino I block, on the south-west by the Waimarino A block and on the south-east by the Taku block. The modem topographical maps NZMS 261 R20 and NZMS 261 S20 indicate that, at the time the compilation of those maps, the area of the original block was mostly
34 Otway, Report, 5 August 1895, MA 1 1924/202, vol 2, ANZ; NZMS 261 R20 Matemateaonga- Cadastral map; NZMS 261 R20 Matemateaonga- topographical map 42 n D rugged hill country, with the slopes still covered in native bush. There were some areas o along the Manganui a Te Ao, which appear to have been cleared of bush. Further up the Manganui a Te Ao, the river is bordered by cliffs that rise up to plateaux or river terraces. o The hills on the true right bank of the Manganui a Te Ao were still largely covered in native bush or scrub. On the true left bank the area to the south-west of the Tokitokirau o Stream was largely rugged hills in native bush or scrub, while the area to the north-east o,f the Tokitokirau was also rugged country but had largely been cleared of bush. 35 o 1.6 Waimarino 4 o A certificate of title for the Waimarino 4 block, of 3450 acres (1396 hectares), was issued in favour of 14 owners from the Ngati Maringi, Ngati Kahukurapango, Ngati Atamira, o and Ngati Ruakopiri hapu. The block was situated on the south-eastern comer of the original Waimarino 1 block and was bordered on all sides by Waimarino 1. The township D of National Park (also known as the township ofWaimarino) is currently located on what was the northern boundary ofWaimarino 4, while the township ofErua is little more than a kilometre south of the original southern boundary. The Main Trunk Railway line and H State Highway 4 run through the centre of the original Waimarino 4 block. The Waimarino 4 block was situated in block IV of the Manganui Survey District, block XVI u of the Kaitieke Survey District, block XIII of the Tongariro Survey District and block I of the Ruapehu Survey District. A surveyor's report from 1895 describes Waimarino 4 as consisting of approximately 2000 acres of open tussock land, on the eastern. side of the block, with the rest of the block mostly native bush, dominated by tawhero. The block was described as mostly flat and well watered, but the soil was not considered suitable for cultivation, being poor pumice land.36
3S NZM8 261 R20 Matemateaonga- Cadastral map; NZM8 261 820 Ohakune- Cadastral map; NZMS 261 R20 Matemateaonga- topographical map; NZM8 261 S20 Ohakune- topographical map 36 NZM8 261 819 Raurimu - cadastral map; NZMS 261 820 Ohakune-cadastral map; NZMS 261 S19 Raurimu - topographical map; NZMS 261 S20 Ohakune - topographical map; Dalziell, Surveyor's Report, 11 December 1895 43 n n D 1.7 Waimarino 5 o A certificate of title was issued for the Waimarino 5 block, of 13,200 acres (5342 hectares), on the Whanganui River in the south-western comer of the original Waimarino o block, in favour of 31 owners from the Ngati Matakaha, Ngati Poumua and Ngati Tauengaarero hapu. The original Waimarino 5 block was centred on the Mangatiti stream The western boundary of the block was the true left bank of the Whanganui River, o approximately from the Wairere stream to opposite the point where -the Arapoto stream enters the Whanganui. The original Waimarino 5 block was bordered to the south-east by the Waimarino 2 and to the east and north-east by Waimarino 1. The north-western boundary ran from the Whirinaki trig to the Whanganui River, dividing Waimarino 5 n from Waimarino B. Waimarino 5 was located on blocks VI, Vll, IX, X, XI and XIV of the Whirinaki Survey District. Otway's report from 1895 described the area as being very o rough and eroded with bush dominated by 'Black Birch'. Otway noted that a narrow strip of about 1500 to 200 acres of land along the Mangatiti Valley might be able to be H farmed. 37 D 1.8 Waimarino 6 A certificate of title for the Waimarino 6 block, of 13 50 acres (546 hectares), in the north east of the original Waimarino block, was issued in favour of Tuao, Tanoa Te Uhi and Taitua Te Uhi who were identified as being from the Ngati Hinewai hapu. These three rangatira continued to write letters of complaint to the Native Department for a number of years. They demanded that, as they had not sold their lands, all the area of the Tuhua district remain outside the Waimarino block and under their ownership. They rejected the idea that the 1350-acre Waimarino 6 block was the only area of their lands within the Waimarino block to which they could now claim title.38
37 NZMS 261 R20 Matemateaonga - cadastral map; NZMS 261 R20 Matemateaonga - topographical map 38 Tuao to the Government, 11 June 1887, MA 1 1924/202 vol 1, ANZ; Tuao Ihimaera to the Native Minister, 9 August 1887, MA I 1924/202 vol 1, ANZ; Taitua Te Ubi to Native Minister, 5 March 1895, MA I 1924/202 vol 1, ANZ; Tuao to Native Minister, 17 March 1895, MA 11924/202 vol 1, ANZ 44 The area of the original Waimarino 6 block was located approximately eight miles (five kilometres) to the south-east ofTaumarunui. The land set aside for the main trunk railway and main trunk road (now State Highway 4) fo:rrned the eastern boundary the block. The Makomako road is immediately south of what was the southern boundary of Waimarino 6. The block was bounded to the north, west and south by land that formed part of the Waimarino 1 block. The entire Waimarino 6 block was within what is now the Hunua V Survey District. The area appears, from topographical map NZMS 261 S18, to be rolling hill country, with hills not exceeding 300 metres in height. The land is now mostly cleared, presumably for farmland. Dalziell's survey report from 1895 states that Waimarino 6 was an area of 'good light soil, 800 acres of which was open fern country. The rest of the block was native bush, half of which had been burnt. The bush was dominated by totara, but Dalziell described the trees as being 'mostly unsound'. Presumably this meant that most of it was unsuitable for logging. By 1895, the eastern border of the Waimarino 6 block fronted on the main trunk road. 39
1.9 Waimarino 7
A certificate of title was issued for the Waimarino 7 block of 950 acres (385 hectares), in the north-east of the original Waimarino block, in favour of two individuals, Tarewa Heremaia and Te Moana, for whom no hapu affiliation was given. The Waimarino 7 block is located approximately three kilometres to the south-east of the Waimarino 6 block. The north-eastern boundary of the Waimarino 7 block ran along the main trunk road (now State Highway 4), a few kilometres south of the Whanganui River. The south western boundary of the block was near to what is now the Hikumutu road. The area of the Waimarino 7 block was in blocks V, VI, and IX of the Hunua Survey District. The Waimarino 1 block enclosed the Waimarino 7 block on all sides. Dalziell's 1895 survey report described Waimarino 7 as an area of pumice soil, covered in native bush apart
39 NZMS 261 S18 Taumarunui - topographical map; NZMS 261 S18 Taumarunui - cadastral map Dalziell, Surveyor's Report, 11 December 1895 45 n D D from 30 acres of manuka and fern. Dalziell identified 40 acres of totara on the block but o considered about half of the totara was 'unsound'. 40 1.10 Waimarino 8
D A certificate of title was issued for the Waimarino 8 block, of 60 acres, in favour of six owners from the Ngati Hinewai and Ngati Hinekohara hapu. The Waimarino 8 block was o a triangular area of land located on the true left: bank of the Whakapapa River in the east of the original Waimarino ,block, about a kilometre to the south-east of the Waimarino E n block. The area of the original Waimarino 8 block was about 3 kilometres to the east of Raurimu, in what is now Tongariro State Forest. The true left: bank of the Whakapapa River formed the north-eastern boundary of the block. The area fronting the river consisted of cliffs or slopes rising steeply to river terraces. The western boundary of o Waimarino 8 formed a border with Waimarino 1, while the south-eastern boundary formed a border with Waimarino F. The entire area of the original Waimarino 8 block was located within block IX of the Tongariro Survey District. In 1895, Dalziell described the H block as consisting of sloping hillsides and poor pumice soil, completely covered in native bush, the principal tree being tawhero.41
1.11 The Reserves for land sellers
In addition to the blocks of land reserved for the non-sellers, the Crown had agreed in the deed of sale for Waimarino to set aside land 'not exceeding in the aggregate 50,000 acres'. This was to provide 'good and effectual grants' to be 'in such localities and to such of the vendors as agreed upon by her said Majesty and a representative chief of each
hapu' .42 As discussed above, Butler appears to have promised many of those selling their land that they would receive title to reserves of at least 50 acres each, which may have been an important factor in inducing them to sell. In his report of 8 July 1887 on the
40 NZMS 261 S 19 Raurimu -Cadastral map; NZMS 261 S 19 Raurimu- topographical map 41 NZMS 261 S19 Raurimu -Cadastral map; NZMS 261 S19 Raurimu- topographical map; WMB 13, pp 151-157; Assistant Surveyor General to Surveyor General, 11 December 1895, MA 1 1924/202, vol 2, ANZ 42Waimarino deed, Wellington deed 659, ABWN 8102, box 105, folder series 12117, ANZ; Hamer, p 16. 46 Waimarino hearing, Butler claimed he had drawn up appropriate reserves 'after I consultation with a representative Chief of each hapu as specified in the deed'. Butler gave no further details of his supposedly comprehensive consultation with the leaders of o the 25 hapu for whom the reserves were set aside. He did not identify these leaders nor set out the basis by which he judged them to be representative. Butler also attached to the o report a list of hapu names and the area in which their particular reserve would be located. There is no indication what basis was used to allocate particular hapu reserves in specified areas. A schedule accompanying the Butler report gives the approximate areas o for each of the reserves and their vague geographical location. The text of the report indicates that the reserves had also been drawn on to a plan forwarded to Lewis, the o Under-Secretary of the Native Department, but it is not clear which specific plan this was. Butler based the areas of each of the' reserves on allocating '50 acres each for the n most important adult owners in the block with a proportionately smaller area for those holding lesser interests'. Butler did not indicate the basis on which the relative interests o had been derived.43 H In a note to the Native Minister attached to Butler's report, Lewis remarked that surveys of the reserves should be carried out as quickly as possible so the definite boundaries n would be known. Despite this request for urgency the Waimarino surveys appear to have been subject to considerable delay. From 1888 onwards landowners who had sold their shares in Waimarino were writing in asking when they would be allocated their reserves and where these reserves would be located. To these questions were soon added complaints about delays to the surveys.44 Lewis and Native Department official Patrick Sheridan were constantly lobbying the Native Minister and the Survey Department to speed up the surveys. The Chief Surveyor of the Wellington District indicated that the survey was about to start in April 1890, but it does not appear that surveying began until almost exactly a year later. The Assistant Surveyor-General's note of September 1892
43 Waimarino deed, Wellington deed 659, ABWN 8102, box 105, folder series 12117, ANZ; Butler Report to Under Secretary Land Purchase Dep!ll1ment, 8 July 1887, MA 1 1924/202 vol 1, ANZ 44 Hokopakake to Under Secretary Native Department, 28 December 1888, MA 1 1924/202 vol 1, ANZ; J E Grace to Under Secretary Native Department, 19 April 1889, MA 1 1924/202 vol 1, ANZ; Tawiri to Under Secretary Native Department, 22 June 1889, MA 1 1924/202 vol 1, ANZ; F W Cribb to Under Secretary Native Department, 10 September 1892, MA 1 1924/202 vol 1, ANZ 47 stated that the outer boundaries of Waimarino A had been surveyed. 45 A series of letters from Waimarino landowners in the Taumarunui area indicate that surveyors were active in the north of the Waimarino block in 1894. There are also surveyors' reports from Otway and Dalziell indicating activity in the Manganui a Te Ao and Waimarino plains areas in 1894. The surveys appear to have been completed by 15 May 1895 when Te
Kahiti 0 Niu Tireni gazetted the areas of the reserves along with the lists of owners. The certificates of title for Waimarino A and Waimarino B both refer to 15 May 1895 as the date from which the owners gained title to these lands.46
The combined area of the seller reserves originally proposed by Butler came to 33,240 acres. The combined area of the seller reserves from the figures given in the Kahiti of 15 May 1895 is a maximum of33,140 acres. These figures are both well below the figure of 50,000 acres that Butler originally proposed to set aside as seller reserves. It appears that Butler thought the remainder of the reserve land could be allocated along the Whanganui . River. Hamer states that the Under-Secretary of the Native Department, T W Lewis, made the decision that the approximately 33, 140 acres already set aside would be sufficient for the sellers.47 The source of this decision will be examined in more detail in the Marr report.
It should be noted that the seller reserves consisted of Maori freehold land rather than 'native reserves'. None of the seller reserves had any alienation restrictions placed on their original certificates of title.
45 Under Secretary Native Department to Minister of Native Affairs, 15 May 1889, MA 1 1924/202 vol 1, ANZ; Under Secretary Native Department to P Sheridan (note on minute sheet), 5 July 1889, MA 1 1924/202; P Sheridan to (name illegible), (note on minute sheet), 19 September 1891, MA 1 1924/202 vol 1, ANZ; JWA Marchant to Under Secretary Native Department, 20 April 1890, MA 1 1924/202 vol 1, ANZ; JW A Marchant to Under Secretary Native Department, 3 April 1891, MA I 1924/202 vol 1, ANZ (name illegible) for Assistant Surveyor General, (note on minute sheet), 29 September 1892, MA 1 1924/202 vol 1, ANZ 46 Taitua Te Uhi to Minister of Native Affairs, 5 March 1895, MA 1 1924/202 vol 1, ANZ; Tuao to Minister of Native Affairs, 17 March 1895, MA 1 1924/202 vol 1, ANZ; Paraone Ropiha and Hinaki Ropiha to Minister of Native Affairs, 2 July 1895, MA 1 1924/202 vol 2, ANZ; Dalziell, Surveyor's Report, 11 December 1895; Otway, Report, 5 August 1895; Te Kahiti 0 Niu Tireni, No. 20, 15 Mei 1895, pp 181-186 47 Hamer, pI9 48 I ft I
The details of the blocks as they were eventually designated are set out below: D 1.12 Waimarino A o The Waimarino A block was a reserve of 14,850 acres (6010 hectares), set aside for 367 owners. The owners were from the Ngati Pare, Ngati Maringi, Ngati Tamahuatahi, Ngati o Kuratangiwharau, Ngati Kahukurapane, Ngati Poumua, Ngati Rangi, Ngati Wairehe, Ngati Atamira, Ngati Tamakana, Ngati Tara, Ngati Ngaronoa, Ngati Tukaiora, Ngati n Tumanuka, Ngati Kaweau, Ngati Wakiterangi, and Ngati RUakopiri hapu. The reserve was located near the Manganui a Te Ao River in the south-western comer of the original o Waimarino block. From its western-most point, the southern boundary of Waimarino A followed the Huikumu stream, then continued eastward, forming a border with the o Poutahi block. The Waimarino A boundary followed the border with the Poutahi block south to the Okahurea trig, and turned ~astward until it struck the Mangaetoroa River and n the border with Waimarino 1. The eastern boundary of Waimarino A, which formed the border with Waimarlno 1, stretched south to north from the Pipriki-Raetihi road to the Makakihi road. The northern boundary followed the Makakihi road westward for a H couple of kilometres until it struck the boundary with Waimarino 3. This boundary could be followed in a line to the south-west until about half a kilometre before the Te Ruakaka trig, where the Huikumu stream was encountered. The area of the original Waimarino A block was located in block XIII of the Manganui Survey District, blocks I and V of the Makotuku Survey District and blocks VI, VIII, and IX of the Rarete Survey District. The modem NZMS 261 S20 topographical map shows the landscape as rugged hill country, with hills up to 500 or 600 metres in height. The topographical map shows much of the original block area as still covered in native bush or scrub, but with an area of cleared land in the north-western comer of the block. The map shows pine plantations on the areas now known as the Waimarino A17 and A18 blocks, in the southern section of the
original Waimarino A block bordering the Poutahi block. 48
48 NZMS 261 S20 Ohakune- Cadastral map; NZMS 261 S20 Ohakune- topographical map
49 D D I D 1.13 Waimarino B
o The Waimarino B block, a reserve of 9,270 acres (3,394 hectares), was set aside for 194 owners. The owners were from the Ngati Hinekura, Ngati Matakaha, and Ngati o Tauengaarero hapu. The Waimarino B block was centred on the Mangaparua Stream in the south-western comer of the original Waimarino block. The south-western boundary of the follows the true left bank of the Whanganui River, from a point less than a kilometre south of the Otumangu stream southwards to the boundary with the Waimarino 3 block. o The southern boundary of the Waimarino B block formed a border with Waimarino 3, stretching from the Whanganui River to the Whirinaki trig. The north-eastern boundary of Waimarino B extended from the Whirinaki trig in a north-westerly direction to a point less than a kilometre to the north-west of the Mangaone stream. From that point the o north-easterly boundary of Waimarino B extended in a direct line to the Whanganui. River. The area of the original Waimarino B block is located within blocks V, VI, IX, XVII, and XVIII of the Whirinaki Survey District. The terrain is rugged hill country cut H by many smaller streams that flow in to the Mangaparua Stream. The hills on this area of the original Waimarino B block vary from 250 to over 600 metres in altitude. Otway's D surveyor report from 1895 describes Waimarino B as 'very broken, full of slips and " covered principally with Black Birch. There is not one acre of flat land upon the whole Block,.49
1.14 Waimarino CD
Waimarino C, a reserve of 3130 acres on the Whanganui River at the north-western comer of the Waimarino block, was set aside for sixty five owners from the N gati Hinewai and Ngati Whati hapu. Waimarino D, a reserve of 1410 acres on the Whanganui River on the eastern border ofWaimarino C, was set aside for forty three owners from the Ngati Tukaiora hapu. On 19 March 1912 the Native Land Court combined the two reserves as Waimarino CD. At the same Court sitting the newly combined block was then
50 partitioned into Waimarino CD1, CD2 and CD3. The Waimarino CD block supposedly had a combilled area of 4540 acres (1837 hectares) although the certificate of title for Waimarino CD gives the area as 4589 acres, with 39 acres being taken by the Crown for roading. The eastern boundary of the original Waimarino CD block started from a northernmost point on the true left bank of the Whanaganui River at Te Maire, travelling due south for just over five kilometres. From here the southern boundary of Waimarino CD followed a ridgeline to the Pukehou trig, then followed the ridges westward, down to the Paparoaiti stream and thence to the true left bank of the Whanganui River. The western boundary of the block followed the true left bank of the Whanganui River from the Te Maire area around a large river bend to the vicinity of the Paparoaiti stream. The area of the original Waimarino CD block was situated on blocks I and II of the Owatua Survey District and blocks III and VII of the Hunua Survey District. Most of the area of the original Waimarino CD block consisted of rugged hill country, with hills up to 400 metres in altitude. The block was formerly covered in native forest. The modem topographical map NZMS 261 S19 shows most of the original native forest has been cleared, although the map shows some native forest on the slopes to the east ofPatonui.5o
1.15 Waimarino E
Waimarino E was set aside for ninety nine owners from the Ngati Maringi and Ngati Kahukurapango hapu. Two different figures, 4035 acres (1633 hectares) and 4060 acres (1643 hectares), are given for the area of the reserve in the Kahiti of 15 May 1895. I have been unable to determine the exact original area of the block. The reserve was located on the north-eastern side of the original Waimarino block, on the true left bank of the Whakapapa River. The Whakapapa River formed the eastern boundary of the Waimarino block, from the point where the Piopiotea stream enters the Whakapapa, south to a point about one or two kilometres upstream from where the Otamawairua stream enters the
49 NZMS 261 R20 Matemateaonga- Cadastral map; NZMS 261 R20 Matemateaonga- topographical map; Otway, Report, 5 August 1895 50CT 223/94 Waimarino CD; NZMS 261 S19 Raurimu- Cadastral map; NZMS 261 S19 Raurimu Topographical map; Te Kahiti 0 Niu Tireni, No 20, 15 May 1895, pp 181-186. It should be noted that the hapu referred to in the Kahiti as Ngati Whati, is referred to in later Native Land Court correspondence as Ngati Whata, see AJHR 1911, G-14 A, pp 1-2. 51 D D o D Whakapapa. The northern boundary traversed a line for about four kilometres due west from the Whakapapa River to a point on a ridgeline. The southern boundary traversed a line from the Wbakapapa River due west for about five kilometres to a point on the same D ridgeline. The Western boundary ofWaimarino E connected the two points, following the ridgeline for about five kilometres. Waimarino 1 bordered Waimarino E to the north, o south and west. The area of the original Waimarino E block is located on blocks VIII, XIII Kaitieke SD and blocks V, IX Tongariro SD. The main trunk railway line and State o Highway 4 (formerly the main trunk road) run through the area that of the original Waimarino E block. The modem topographical map NZMS 262 S 19 shows the area of o the original Waimarino E block as mostly cleared land with small patches of native forest. The area fronting the Whakapapa River has steep cliffs leading up to river terraces, which o appear to be relatively flat on their tops. Steep slopes on the eastern side of these flats lead down to the Piopiotea Stream, forming the flats into a type of plateau. The high point of this plateau is 611 metres above sea level. The map shows the area to the west of the Piopiotea and the main trunk railway line as broken rugged country, which appears to o largely have been cleared of its native vegetation. State Highway 4 runs through this country.51
1.16 Waimarino F
Waimarino F, a reserve of 420 acres (170 hectares) on the true left bank of the Whakapapa River, was set aside for forty two members of the N gati Hinewai, N gati Hinekohara and Ngati Waewae hapu. The block was located immediately to the south of the Waimarino 8 block. The eastern border of the Waimarino F block was formed by the true left bank of the Whakapapa River, from the north where the Waimarino F block borders Waimarino 8 to about two kilometres further downstream. The northern boundary was the border with Waimarino 8. The southern boundary was a line going about one kilometre inland to the south-west from the Whakapapa River. The western boundary went from the end of the southern boundary in a straight line to connect with the south western comer of Waimarino 8. Waimarino 1 bordered Waimarino F to the south and the
51 NZM8 261 819 Raurimu- Cadastral map; NZM8 261 819 Raurimu- Topographical map 52 west. The Waimarino F block is located in block IX of the Tongariro SD. The area of the original block has steep forested slopes leading up from the Whakapapa River to an area of relatively flat or gently rolling country, that is either cleared or covered in tussock.52
1.17 An overview of the setting up of the non-seller blocks and seller reserves
The patchy records from the Waimarino hearing and its aftermath give us little information on the bases used for Butler's selection of the areas for the non-seller blocks and seller reserves. The non-seller blocks Waimarino 2, 3, and 5 were situated on the Whanganui River, as were the seller reserves A, B, C and D. Hamer points out that, while the river was important to the Whanganui Maori for both traditional and economic reasons, much of the land included in the reserves was marginal in agricultural terms. This must in turn be weighed against the fact that much of the land throughout the original Waimarino block was of marginal agricultural quality. It should also be noted that the economic importance of the Whanganui River, particularly as a transport route, declined from the end of the nineteenth century.
The Waimarino 4, 6 and 7 blocks and Waimarino E were all situated on or near the Main Trunk Railway and the main north-south highway. This may have given some economic advantage to the owners of these blocks, but as will be seen it also made them more attractive to Crown and private purchasers. The Waimarino 8 and F blocks appear to have been selected for their timber, but again this attracted the attention of the Crown's land buyers in the 1920s.
It appears that the Crown did not necessarily award the areas of reserve land to those hapu who claimed traditional connections with these areas, nor were all the kainga of specific hapu included in the reserves they were awarded. This is illustrated by the case of Kahu Karewao and twelve others, who petitioned the government in 1910 on behalf of the Ngati Hinewai and Ngati Whata hapu. They complained that their traditional kainga had been included in Waimarino D under the ownership ofNgati Tukaiora, instead of as
52 NZMS 261 S 19 Raurimu -Cadastral map; NZMS 261 S 19 Raurimu- topographical map
53 o n D D part of their own reserve, Waimarino C. This issue will be examined in more detail below. It appears that in all of the non-seller blocks and seller reserves the majority of o owners were not permanent residents of the kainga on the blocks. 53
It should be noted that in the purchase deed for what became the Wairnarino 1 block, D those who sold their shares in the block were promised 'good and effectual' grants of land. This is likely to have been a major factor in the success of Butler's efforts to o persuade Maori to sell their shares in Waimarino.54 Those who did not sell their shares were undoubtedly also entitled to a fair grant of land in their non-seller blocks. Whether n the areas granted were indeed good and effectual enough to maintain their owners was an issue that would be tested in the early twentieth century. It will be seen that a n combination of land legislation and socio-economic factors would encourage many Maori landowners to divest themselves very rapidly of their shares in the Wairnarino blocks. The Native Land Court records show that all of those selling their shares in the Waimarino blocks had shares in other Whanganui land blocks. The belief that they would B still retain some other land for the future may have encouraged some of the owners to sell their Waimarino shares, in particular if they regarded the Waimarino land as more marginal.
The Crown set up two further reserves within the area of the original Waimarino blocks, for the followers of the prophet Te Kere Ngataierua. Te Kere's followers had boycotted the Waimarino hearings as part of campaign of resistance to the Native Land Court. As a result none of them were on the ownership lists for the Waimarino blocks. In 1904 the Crown set aside 1500 acres ofland at Tawata, under section 8 of the Maori Land Claims Adjustment and Laws Amendment Act. In 1908 the Crown set aside a further 800 acres in sections 39 and 41 block X Kaitieke Survey District, under section 321 of the Land Act 1908. Te Kere's followers were already living on the land in both of these areas before the Crown officially reserves them. A brief section on the Kaitieke reserve will be included in this report, while the story of the Tawata reserve will be dealt with in Cathy
53 AJHR 1911, G-14 A, PP 1-2. 54 Waimarino deed, Wellington deed 659, ABWN 8102, Box 105, folder series 12117, ANZ 54 Marr's report. The figures in the statistical analysis in chapter 2 do not include these two reserves.
1.18 Conclusion
The infonnation currently to light, in particular from Marr's draft report, questions the circumstances under which the Native Land Court awarded the title to the Waimarino block. The circumstances behind the alienation of most of the block to the Crown appear to be even more questionable. There were many irregularities in the procedure followed including failure to accurately identify land sellers, questionable payments to those assisting in land sales, failure to accurately define the area being sold, failure to accurately detennine the relative share in the land held by those selling confusion over how much land would be retained by those selling their shares and strong emphasis on buying up the shares of minors. There is little evidence of real effort on the part of the Crown to consult with the non-sellers over the location of their blocks. There was a delay of almost eight years before the seller reserves were gazetted. It is not clear how these reserves were selected and when they were surveyed. Once again there is little evidence pointing to consultation with Maori, especially as some groups complained that they were given land in areas they did not traditionally occupy. It is not clear at this point how much knowledge the Crown had of the nature of land within the Waimarino block, beyond the infonnation provided by Butler and the various surveyors who had ventured into the interior. Most of the land set aside in both non-seller blocks and seller reserves was rugged and of marginal agricultural quality, but it must be pointed out that the majority of land in the original Waimarino block was of similar quality. The size and location of the areas of land partitioned out for non-sellers or granted as reserves for sellers could be seen as a test of the Crown's good faith in dealing with both groups. The effect of land legislation, combined with social and economic conditions, on the owners' ability to retain their lands will be examined in later chapters.
55 Chapter Two: The History of the loss of Maori land from the Waimarino Reserves and Non-Seller Blocks: a Statistical overview
2.1 Introduction
This chapter outlines the overall trends in land alienation for both the Waimarino non seller blocks and the seller reserves. A statistical analysis has been used to determine the trends in land alienation. The chapter tracks the processes of alienation from 1899, when the first alienation occurred. The periods during which land alienation was most concentrated are identified, both for specific blocks and for the reserves and non-seller blocks overall. The chapter shows the blocks in which alienations were concentrated and how much land was alienated from each block. The Crown's purchasing activities are examined and compared with the overall level of private purchase. The chapter also discusses the question of whether the Crown made any distinction between seller reserves and non-seller blocks in its purchases and whether it concentrated on acquiring land in any particular blocks. The reasons behind the alienation of land in the non-seller blocks and seller reserves will be discussed in subsequent chapters of this report. It should also be noted that the 1500-acre Tawata reserve and the 800-acre Kaitieke reserve, both created in the early twentieth century for the followers of Te Kere, are not dealt with in this chapter.
2.2 Methodology
The following chapter has looked solely at those alienations that involve land changing its status from Maori freehold land to general land or Crown land. Leases and mortgages have not been considered. The Maori Land Information Service (MUS) database has been used in conjunction, where possible, with examination of certificates of title, to determine which areas of land are still held as Maori freehold land.
In looking at the alienation history of the Waimarino reserves and non-seller blocks the high level of partitioning in some of these blocks must be taken into account. The 18,350- acre Waimarino 3 was, between 1900 and 1970, partitioned into 60 smaller blocks. Over
56 B I a similar period, the 4540-acre Waimarino CD block was partitioned into 23 smaller I blocks, the 1350-acre Waimarino 6 block was partitioned into 19 smaller blocks, the 14, 850-acre Waimarino A block was partitioned into 36 smaller blocks and the 13,200-acre D Waimarino 5 block was partitioned into 18 smaller blocks. The Wairnarino E block, of 4035 acres, was partitioned into 21 smaller blocks, all of which were alienated to private n buyers by 1940. In aI, the original eight non-seller blocks and six seller reserves were eventually partitioned into 285 smaller blocks. n The figures and dates used for tracing the history of Maori land loss of the Waimarino blocks have been compiled from certificates of title, alienation files held at the National n Archives in Wellington, and block order files held at the Aotea Maori Land Court in Wanganui. For the purposes of this study all such alienations are considered under the n subheading of the parent block from which the block subdivisions concerned were originally partitioned. Thus the sale in 1924 ofWaimarino 3E2B, a block of 345 acres, is n categorised along with all the approximately 2335 acres sold between 1921 and 1930 from blocks partitioned out from the original Waimarino 3 block. 55 H
Generally the date that the Native Land Court recorded an area of land as being transferred to a person with a 'non-Maori' name was taken as the date an area ceased to be held in Maori title. Exceptions were made in those cases where the certificate of title or Maori Land Court records showed the title had ceased to be Maori freehold land, even though the land continued to be owned by a Maori. The date of alienation is usually taken as the date of confirmation by Native Land Court, the Trust Commissioner, Aotea District Maori Land Board or as the date of transfer recorded on the Native Land Court or Wellington Land Registry certificate of title. As the date of confirmation or of transfer was often much later than the initial sale, there may be a 'late bias' in the figures recorded. In some cases the purchase of undivided interests within a particular block occurred over a long period of time. In cases where shares were clearly purchased by a non-Maori buyer and an equivalent acreage to shares can be calculated, this figure has u been added to the alienation total. The alienation figures only cover sales or compulsory
55 Waimarino 3E2B alienation file, MLC-WG 3/828, ANZ 57 D I D I acquisition of land. They do not refer to other forms of alienation such as leasing, timber licences or mortgages on land.
D The area of land passing out of Maori freehold title in each decade of the tWentieth century has been identified as accurately as possible for each of the blocks in question. It n should however be noted that the figures used and the percentages calculated are approximations only. Block areas have been considered to the nearest acre, for ease of n calculation given the large number of figures involved. A complication is created by the fact that the records for some of the blocks in question show considerable discrepancies o in the figures given for area. In the case of the block Waimarino A, the block order files give figures of both 1205 acres and 1212 acres for Waimarino A12, 1353 acres and 1359 n acres for Waimarino Al3, and of both 3562 acres and 3583 acres for Waimarino A2l. In those cases where there are major discrepancies between acreage data, a median figure n has been used in calculating percentages of land loss. Thus the figure used in these '. calculations for the 3562-acre to 3583-acre Waimarino A21 block is 3573 acres. The loss n of Waimarino A21 as a percentage of the original 14,850-acre Waimarino A is then calculated as the loss of approximately 24% of the original Waimarino A block. 56
For some blocks, the cumulative acreage of the subdivisions is not equivalent to the area that was originally designated as the parent block. The cumulative total for the subdivided blocks of Waimarino 4 is 3348 acres, whereas the originally designated area for the parent Waimarino 4 block was 3450 acres, a discrepancy of 102 acres. The block order files for Waimarino A only refer to 28 acres ofland taken for roading. The plan ML 2336 shows, however, that the discrepancy in figures for Waimarino 4 can be almost
completely accounted by the areas taken by the Crown for roads and the railway. 57 The cumulative total area for the subdivided Waimarino E blocks is 3997 acres, whereas the officially designated area was originally 4060 acres, a discrepancy of 63 acres. In this
56 Waimarino A12 alienation file, MLC-WG 3/1918/230, ANZ; Waimarino A12 BOF WH 489/12, MLC Wanganui; Waimarino A13 alienation file, MLC-WG 3/5516, NA Wellington; Waimarino A13 BOF WH 489/13, MLC Wanganui; Waimarino A21 alienation file, MLC-WG 3/1911140, ANZ; Waimarino A21 BOF WH 489121, MLC Wanganui 57 ML 2336; WMB 13,5 April 1887, fol 154, ANZ; Waimarino 4A, BOF WH 564/1, MLC Wanganui; Waimarino 4B, BOF WH 564/2, MLC Wanganui 58 case the areas given for the subdivided blocks in the part, with one exception, do not refer to the areas set aside for roading or the railway line. No plan of Waimarino E has been located giving the figures for railway and road takings, but it is likely that this is the explanation for this discrepancy in figures. 58 In the case of the Waimarino CD block the Kahiti of 15 May 1895 gives the figures of 3130 acres for Waimarino C and 1410 acres for Waimarino D, giving Waimarino CD and area of 4540 acres. The Waimarino CD certificate of title 223/94, of 21 October 1913, gives an area of 4589 acres for the block, with 39 acres being taken by the Crown for roads. The combined total for the subdivisions ofWaimarino CD from the maps ML 2453, ML 2638 and ML 2639 gives a total of 4586 acres. 59
It appears that areas from parent blocks designated for roads or for the railway were often not included within the land designated for subdivisions in partition orders, and nor were they always mentioned in certificates of title. Other minor discrepancies in figures may have been due to greater accuracy of later surveys or to the accretion and erosion of riparian land. In cases where there is a discrepancy between the original area designated for the parent block and the sum total area of the subdivisions, the larger of the two figures has been used unless otherwise indicated.
The most extreme example of discrepancy in land area figures is for Waimarino A. In the 15 May 1895 Kahiti Waimarino A was designated as an area of 14,850 acres.60 But when the respective areas of partitioned blocks Waimarino Al to A21 are added together their combined is a maximum of 14,615 acres. A discrepancy of about 235 acres exists. Waimarino A was in the remote area near the Manganui a Te Ao River, where few roads were designated and there was no railway. This large discrepancy remains a mystery and raises the concern as to how the owners of Waimarino A ended up with 235 acres less
58 Waimarino E, BOF WH 493/1 and WH 493/2, MLC Wanganui 59 Te Kahiti a Niu Tireni, No. 20, Mei 15 1895, P 186; CT 223/94 Waimarino CD; ML 2453; ML 2938; ML 2939 60 Te Kahiti a Niu Tireni, No. 20, Mei 15 1895, pp 181,183
59 than the Crown promised them. For calculations regarding Waimarino A, the figure of 14,850 acres has been taken as the size of the original block. 61
Taking account of the complicating factors mentioned above, approximate percentages of the land alienation over each decade have been calculated. The approximate cumulative acreage sold from each block has been calculated both as a raw figure and as a percentage. Approximate total areas and percentages alienated from the combined non seller blocks and seller reserves have also been calculated.
Two other factors that have been considered when analysing the alienation figures for the blocks in question. Throughout the exercise alienations to the Crown have been shown and calculated as a percentage of overall alienations. The figures presented are strictly confmed to land acquired by the Crown and do not indicate whether the land in question was retained by the Crown or was sold on to private owners. The figures presented on alienation to the Crown therefore give no indication of how much former Maori freehold land originally purchased by private parties was later acquired by the Crown. The other factor this analysis covers is the area of land from the blocks in question that was 'Europeanised' in the 1960s, that is the land under Maori title that was converted into general or 'European' title.
The analysis carried out, while complicated by the uncertainties mentioned, does give clear indications of the overall alienation trends in the individual blocks. It also illustrates any differences between the seller reserves and non-seller blocks and shows the overall patterns of land alienation in the remaining Maori land within the original Waimarino " block.
2.3 Land transfers up to 1910
As discussed in the previous chapter, the Waimarino non-seller blocks were officially gazetted in 1887, although most of them were not surveyed until some later date. The
61 Waimarino A, BOF WH 489/1 through to WH 489/21, MLC Wanganui 60 seller reserves were not gazetted until 1895. There was very little alienation ofland in the Waimarino blocks between 1887 and 1901. The only sale to occur during this period was the 1899 sale of the non-seller block Waimarino 7 to the Crown. This 950-acre block represented approximately 2.3% of the area of the non-seller blocks and approximately 1.3% of the area of the combined non-seller blocks and reserves. No alienations are recorded from the Waimarino non-seller blocks from 1900 to 1910.62
2.4 Land transfer trends from 1911 to 1920: the non-seller blocks
The figures for the period from 1911 to 1920 show that more land was sold from the non seller blocks in this decade than at any other time. • Around 9850 acres were transferred out of Maori ownership from the non-seller blocks in the 191Os, equivalent to around 24% of the original area of the non-seller blocks. • Around 2261 acres were sold to the Crown from the non-seller blocks in the period 1911 to 1920. This is around 5.5% of the original area of the non-seller blocks and around 22% of the land alienated from the non-seller blocks between 1911 and 1920. • Given that between 27,930 acres and 27,960 acres were sold from the combined non seller blocks and seller reserves over the 1910s, about 35% of these sales were from the non-seller blocks.
Table 1: Land losses from Waimarino non-seller blocks 1911-1920
Waimarino 3 18,350 acres 4572 acres 183 acres
Waimarin04 3450 acres 0 1209 acres
Waimarino 5 13,200 acres 2513 acres 500 acres
62 NZ Gazette, No. 62,12 July 1900, p 1341 61 There were no sales from the 60-acre Waimarino 8 block during the 1910s. Considering the remaining non-seller blocks: • Waimarino 2: The only land losses from Waimarino 2 in this decade were the Crown's compulsory purchase in 1911 of 355 acres for scenery preservation purposes. This was equivalent to around lO% of the original area ofWaimarino 2.63 • Waimarino 3: Approximately 4755 acres were sold in the 19lOs from 13 blocks or part blocks in the original Waimarino 3 area. This is around 25% of the original.area ofWaimarino 3. The Crown compulsorily acquired 183 acres of this area for roading, less than 4% of the area sold. The rest were all private sales. 64 • Waimarino 4: The Crown compulsorily acquired 1209 acres from Waimarino 4 for defence, scenic and roading, equivalent to around 35% of the original area. There were no private land purchases in Waimarino 4 over this decade. The purchases from the Waimarino 4 block constituted around 53% of the Crown's acquisitions from the non-seller blocks in the 19lOs.65 • Waimarino 5: Approximately 3013 acres were sold from blocks in the original Waimarino 5 block, around 23% of the area of the original block. Of this the Crown compulsorily acquired 75 acres for scenery preservation, along with the purchase of the 425-acre Waimarino 5A4 block. In all 17% of the land sold, or 3.8% of the
original block, was acquired by the Crown. 66
63 NZ Gazette, No. 45, 1 June 1911, p 1791 64 Waimarino 3 BOF WH 388/1 and WH 388/2, MLC Wanganui 65 CT 191/241 Waimarino 4 66 Waimarino 5 BOF WH 389/1 and WH 389/2, MLC Wanganui; NZ Gazette, No. 45, 1 June 1911, p 1791 62 n n D
• Waimarino 6: Around 518 acres were sold from blocks in the original Waimarino 6 R area, 38% of the area of the original block. The Crown compulsorily acquired 14 acres for roading. 67 n Of the 2261 acres from the non-seller blocks alienated to the Crown over the period: n • 558 acres, or 25% of the Crown's acquisitions, were acquired by compulsory purchase from Waimarino 2, 4 and 5 for scenery preservation purposes. o • 1051 acres, or 47% of the Crown's acquisitions, were acquired by compulsory purchase from Waimarino 4 for defence purposes. • 225 acres or about 10% of the Crown's acquisitions were acquired by compulsory o purchase from Waimarino 3, 4, and 6 for roading. • 425 acres or around 19% of the Crown's acquisitions were acquired through the u purchase ofWaimarino 5A4, in 1920.
2.5 Alienation trends from 1911 to 1920: the seller reserves H The figures in the official records for the areas of the Waimarino seller reserves are even less precise than the non-seller block figures. It is however clear that the period from 1911 to 1920 was the decade in which the greatest area ofland was alienated from the seller reserves.
• Between 18,064-18,093 acres was alienated from the Waimarino seller reserves in the 1910s, approximately 55% of the original area set aside for seller reserves. • The Crown acquired around 8240 acres from the seller reserves during this decade, about 45% of the total alienations from the seller reserves over this period. The Crown's acquisitions amounted to around 25% of the original area of the seller reserves. • Given that between 27,927 acres and 27,958 acres were alienated from the combined non-seller blocks and seller reserves over the 191Os, 65% of the alienations were from the seller reserves.
67 Waimarino 6 BOF WH 526/1 and WH 526/2 MLC Wanganui 63 D n D D Table 2: Land sales from Waimarino seller reserves 1911-1920 o
WaimarinoA 14,850 acres 4095-4124 0 4095-4124 n acres acres (28%) n WaimarinoB 9,270 acres 633 acres 7982 acres 8615 acres Waimarino CD 4540 acres 3567 acres 249 acres
n WaimarinoE 4060 acres 1530 acres 8 acres
8239 acres 18,064-18,193 acres acres
Waimarino F, of 420 acres, was the only one of the seller reserves. from which no land H was alienated in the 1910s. Of the remaining blocks: • Waimarino A: Between 4095 and 4124 acres were alienated from blocks in the original Waimarino A area. This constitutes around 28% of the area of the original Waimarino A block. All the alienations were private transactions.68 • Waimarino B: Around 8615 acres of Waimarino B were alienated, constituting around 93% of the area of the original block. Of this land some 7982 acres, 86% of area of Waimarino B, were alienated to the Crown in 1915, with the purchase of Waimarino B3Bl, B3B2A and B3B2B. Crown purchases made up 93% of the land area alienated from Waimarino B. There were no further alienations from Waimarino B after 1915.69 • Waimarino CD: About 3763 acres were alienated from blocks in the original Waimarino CD area, constituting approximately 83% of the original area of the block. The Crown compulsorily purchased around 249 acres, about 5% of the area of the
68 Waimarino A, BOF WH 48911 through to WH 489/21, MLC Wanganui 69 Waimarino B, BOF WH 490/1 and WH 490/2, MLC Wanganui; Waimarino Bl alienation file, MLC WG 3/1912/322, ANZ; Waimarino B2 alienation file, MLC-WG 31191213, ANZ; Waimarino B3Bl alienation file, MLC-WG 311489, ANZ J 64 Waimarino CD block. Of these purchases about 70 acres were for roading while the B remainder was for scenic reserves. Private purchases made up 95% of the alienations from Waimarino CD in the 191Os.7o n • Waimarino E: Private alienations accounted for all but 8 acres of the 1538 acres alienated from blocks in the original Waimarino E area in the 191Os. The area alienated constituted around 38% of the original Waimarino E block. The small Crown purchase was for roading. 71 D Of the approximately 8240 acres from the seller reserves alienated to the Crown in the 191Os: • About 180 acres (approximately 2 %) were acquired from Waimarino CD for scenic purposes. • About 70 acres (approximately 1 %) were acquired from Waimarino CD and E for roading. o • 7982 acres (approximately 97.3%) were acquired in the purchase of Waimarino B3B1, B3B2A and B3B2B. H
2.6 The 1910s in summary n
The 1910s were clearly the major decade for the alienation of land in the Waimarino seller reserves and non-seller blocks. Almost a quarter of the area of the non-seller blocks, an area of around 9850 acres, was alienated. Over half of the area of the seller reserves, around 18,100 acres was alienated. The combined figure for the non-seller blocks and seller reserves, between 27,930 and 27,960 acres, is around 38% of the total area of the combined non-seller blocks and seller reserves.
In the non-seller blocks Waimarino 8 was untouched, while Waimarino 2 lost about 9.8% of its land to the Crown. The rest of the blocks were all significantly reduced in area, with
70 NZ Gazette, No. 25, 2 March 1916, p 652 Waimarino CD, BOF WH 492/1 and WH 492/2, MLC Wanganui 71 Waimarino E, BOF WH 493/1 and WH 493/2, MLC Wanganui 65 D n D D the smallest loss being that from Waimarino 3 which lost 25% of its original area and the o greatest loss being from Waimarino 6, which lost 38% of its original area. Among the seller blocks, Waimarino F was untouched. Waimarino A and E lost around a third of their land area each. Both Waimarino B and CD had the vast majority of their n land area alienated during this decade.
o The Crown was an active purchaser ofland in the 191Os, acquiring around 10,550 acres from the combined blocks in this decade. This constituted about 37% of the area sold in the 1910s and 14% of the total area of the combined blocks. Of this 10,550 acres, about 789 acres were acquired for scenery preservation and 303 were for roading. Of the n remaining land, 1051 acres were acquired from Waimarino 4 for defence purposes and the remaining 8407 acres were acquired in the purchase of Waimarino 5A4, B3Bl, n B3B2A and B3B2B. Of the total area of land acquired by the Crown, 12% was in Waimarino 4, while 76% was in Waimarino B. The Crown clearly showed no special B interest in seller or non-seller blocks as such, but focused great interest on specific blocks. The areas of interest seem to have been scenic river reserves, and Waimarino 4, Waimarino Band Waimarino 5A4. The reasons behind these interests will be examined in the next chapter.
2.7 Alienation trends from 1921 to 1930- the non-seller blocks
Land alienation in the non-seller blocks continued at a significant pace over the 1920s, but was concentrated in the Waimarino 2 and 3 blocks: • Around 7168 acres were alienated from the non-seller blocks in the 1920s, equivalent to around 18% of the original area of the non-seller blocks. • Of the land alienated, 5977 acres, or 83%, of the area was from the Waimarino 2 and 3 blocks. • Only 63 acres were alienated to the Crown from the non-seller blocks in the period 1921 to 1930, most of which consisted of the 60-acre Waimarino 8 block, purchased in 1926.
66 • Around 11,360 acres were alienated from the combined non-seller blocks and seller reserves over the 1920s, 63% of these alienations were from the non-seller blocks.
Table 3: Land sales in the non-seller blocks 1921-1930
Waimarino 3 2689 acres 3 acres
Waimarin04 323 acres 0
Waimarino 5 790 acres 0 790 acres (6%)
Waimarino 6 18 acres 0 18 acres (1 %)
Waimarino 8 0 60 acres 60 acres
Total acres (24 7105 acres 63 acres 7168 (18%)
Looking at each of the non-seller blocks individually: • Waimarino 2: The title to the entire remaining Waimarino 2 block, 3285 acres, was transferred to Josephine Rawhiti Anderson in 1926. The block became European land from this point on. This sale constituted 48% of the area of the non-seller blocks sold in the 1920s.72 • Waimarino 3: Approximately 2692 acres were alienated from blocks in the original Waimarino 3 area in the 1920s. This is around 15% of the original area ofWaimarino 3. Crown acquisitions were minimal, a mere 3 acres taken from Waimarino 3L3 for roading in 1927. The Waimarino 3 alienations constituted 34% of the sales from the non-seller blocks in the 1920s. 73
72 Waimarino 2 alienation file, MLC-WG 3/1757, ANZ 73 Waimarino 3 BOF WH 388/2, MLC Wanganui 67 D n o D • Waimarino 4: Private purchasers bought 323 acres of land from Waimarino 4A5 and 4B 1 during the 1920s. This constituted around 9% of the original area of Waimarino o 4.14 • Waimarino 5: The only alienations from the original Waimarino 5 block in the 1920s n were private alienations from Waimarino 5B6Al and 5B6A2, in 1926 and 1930. These alienations had a combined area total of 790 acres, 6% of the original area of Waimarino 5.75 o • Waimarino 6: The only alienation from Waimarino 6 was the 18-acre Waimarino 6F2A block, sold in 1927.76 n • Waimarino 8: The entire 60-acre Waimarino 8 block was purchased by the Crown in n 1926.77 n '. , 2.8 Alienation trends from 1921 to 1930- the seller reserves In the 1920s, around 4369 acres were alienated from the Waimarino seller reserves, less H than 25% of the area of the seller reserves sold in the 191Os. There were significant alienations in the Waimarino E block, where by 1930 the entire block had been alienated. The alienations from Waimarino E made up over half of the alienations from the seller reserves during the 1920s. In the rest of the seller reserves the alienation process had slowed down markedly, perhaps partly due to the high rate of sales in the previous decade: • The approximately 4369 acres alienated from the Waimarino seller reserves in the 1920s, was around 13% of the original area set aside for seller reserves. • The Waimarino E block had 2329 acres alienated in the 1920s, 53% of the alienations from the seller reserves in this period. • The Crown's bought the 420-acre Waimarino F block in 1926. The Crown also took possession of the 268-acre Waimarino AlB block in 1930, due to a failure by the
74 Waimarino 4A5 alienation file, MLC-WG 3119211156, ANZ; Waimarino 4Bl alienation file, MLC-WG 31788, ANZ 75 Waimarino 5B6Al alienation file, MLC-WG 3/3801, ANZ; Waimarino 5 BOF WH 389/2, MLC Wanganui 76 Waimarino 6F2A alienation file, MLC-WG 3/2113, ANZ 77 Waimarino 8 alienation file, MLC-WG 3/1793, ANZ 68 owner to payoff a Crown mortgage, but sold the block on to a private buyer that same year. • Given that around 11,360 acres were alienated from the combined non-seller blocks and seller reserves over the 1920s, 37% of the alienations were from the seller reserves.
Table 4: Seller reserves sold to Crown and private buyers 1921-1930
acres (28%)
Waimarino CD 3763 acres 605 acres 0 605 acres
Waimarino E 2329 acres 0
Waimarino F 0 420 acres
Total 18,064- 18,193 3681 acres 688 acres acres
No alienations were recorded for Waimarino B in the 1920s. Looking at the remaining seller reserves individually in the 1920s: • Waimarino A: A total of 747 acres were alienated through private sales from the area of the original Waimarino A block in the 1920s. A further 268 acres were lost to the Crown when a Crown mortgage on Waimarino AlB was foreclosed in 1930. This constituted around 23% of the land lost from the seller reserves during the 1920s. The area alienated made up 7% of the original Waimarino A block.78 • Waimarino CD: The 605 acres alienated from the area of the original Waimarino CD were all through private transactions. These constituted around 16% of the sales from the seller reserves. 79
78 Waimarino A, BOF WH 489/1 through to WH 489121, MLC Wanganui 79 Waimarino CD, BOF WH 492/1 and WH 492/2, MLC Wanganui
69 D n D o • Waimarino E: The 2329 acres alienated from the area of the original Waimarino E made up 53% of the alienations from the seller reserves. The area alienated o constituted 58% of the original Waimarino E block. By 1930 no section of the original Waimarino E block remained as Maori land. It should be noted that 63 acres D of the originally designated Waimarino E block remain unaccounted for in this study, but may have been alienated by the Crown for roading and railways. 80 • Waimarino F: The Crown purchased the entire Waimarino F block, of 420 acres, in o 1926. This constituted just under 10% of the land alienated from the seller reserves.81
Do 2.9 The 1920s in summary n In the period from 1921 through to 1930, around 11,537 acres were alienated from the combined non-seller blocks and seller reserves, an area constituting about 15% of the D original area of the combined blocks. The Waimarino 2, 8, E and F blocks each had all of their remaining Maori land alienated during the 1920s. It can be seen that while thepaee H of alienation was not quite as fast as in the 191Os, there was still large scale land alienation occurring in the Waimarino Maori land blocks in the following decade.
In the 1920s the largest area of land was alienated from the non-seller blocks, 7168 acres or 62% of the alienations in this period. This constituted around 18% of the original area of the non-seller blocks. The majority of land alienated from the non-seller blocks in the 1920s was from the Waimarino 2 and 3 blocks. The remaining 3285 acres of the Waimarino 2 was alienated in 1926. This area made up 28% of the land alienated frOql the combined seller reserves and non-seller blocks in the 1920s. The 2692 acres alienated from Waimarino 3 made up 23% of the land alienated from the combined blocks. The entire 60-acre Waimarino 8 block was alienated in 1926. For each ofthe Waimarino 4,5 and 6 blocks the land alienated was less than 10% of the original block area.
80 Waimarino E, BOF WH 493/1 and WH 493/2, MLC Wanganui 81 Waimarino F alienation file, MLC-WG 3/1792 ANZ
70 B n D In the 1920s a smaller portion of the land alienated from the combined blocks came from o t)J.e seller reserves, 4369 acres or 38%. Clearly the rate of alienation among the seller reserves as group was much lower than in the 1910s. Two seller reserves underwent o major alienations in the 1920s. The Waimarino F block, of 420 acres, was alienated completely by Crown purchase in 1926. Waimarino E was the only other seller reserve to have a larger area of land alienated in the 1920s than in the 191Os. The 2329 acres n alienated from Waimarino E made up 58% of the area of the original Waimarino E parent block and constituted 20% of the land alienated from the combined blocks in the 1920s. n
The Crown's purchasing activities in the 1920s were largely confined to the purchase of n Waimarino F and Waimarino 8 in 1926. n 2.10 Alienation trends from 1931 to 1940- the non-seller blocks and seller reserves o In the period from 1931 to 1940, there was little land alienation from either the non-seller blocks or the seller reserves. The Waimarino 6Cl block of 7 acres was sold to John H Braithwaite in 1936, while Rupert Symes bought a 49-acre section of Waimarino A13C in 1931. The only other alienation in this period was the Crown's compulsory acquisition, in 1935, of2 acres ofWaimarino 3L1 for a school reserve. The tough economic times of the 1930s depression may well have discouraged potential buyers of land in the Waimarino area, especially as most of this land was rough country that was economically marginal at the best oftimes.82
2.11 Alienation trends from 1941 to 1950- non-seller blocks and seller reserves
The only sales recorded in the Waimarino blocks for the period 1941 to 1950 were the sales ofWaimarino A2 and Waimarino 3L3C2. Waimarino A2, of 147 acres, was sold to
82 Waimarino A13, BOF WH 489/13, MLC Wanganui; Waimarino 6Cl, alienation file, 3/5147, ANZ; Waimarino 3, BOF WH 388/5, MLC Wanganui 71 D n D o the Makotuku Timber Company in 1942, while Waimarino 3L3C2, of 30 acres, was sold o to H RPike in 1947.83 o 2.12 Alienation trends from 1951 to 1960: non-seller blocks and seller reserves The decade from 1951 to 1960 was another one in which few alienations took place in the o Waimarino non-seller blocks and seller reserves. The Waimarino 3E2A block, of 345 acres, was sold in 1955. The Waimarino 6A2A, 6A2B and 6A2C blocks, with a combined ·0 area of 147 acres, were sold in 1956, 1955 and 1960 respectively to the same private buyer. In the seller reserves all the alienations during the 1950s took place in Waimarino A. The Waimarino A3 block, of 294 acres, was sold in 1956 and the Waimarino A4 " block, of378 acres, was sold in 1958. Both were sold to private purchasers.84 Table 5: Land loss from seller reserves and non-seller blocks 1931 to 1960 H
Non-seller 9 acres 30 acres 492 acres 531 acres blocks Seller 49 acres 147 acres 672 acres 868 acres reserves [] 2.13 Alienation trends from 1961 to 1975: non-seller blocks and seller reserves
The 1960s and early 1970s was the second major period of alienations from the Maori land in the Waimarino reserves and non-seller blocks, surpassed only by the 20 years from 1910 to 1930. An important factor in the alienation of Maori land over this period was the process then known as 'Europeanisation', the compulsory conversion of land with fewer than five Maori owners from Maori freehold title to general freehold title. This was carried out under Part I of the Maori Affairs Amendment Act 1967. In the case
83 Waimarino A2, BOF WH 489/2, MLC Wanganui; CT 556/297 Waimarino 3L3C2 84 Waimarino A3, A4 & A20 BOF WH 489/3, WH 489/4, & WH 489/20 MLC Wanganui; Waimarino 6 BOF WH 526/2, MLC Wanganui; Waimarino 3 BOF WH388/5, MLC Wanganui } 72 ----~-- --_. -.~.--~~~-
B D of the Waimarino reserves and non-seller blocks, approximately 11,525 acres of land o passed out of Maori title during the 1960s and early 1970s, including around 2943 acres of land that was 'Europeanised'. The Europeanisation of seven land blocks covering a o total of 1544 acres was repealed during the 1970s. This left 9981 acres having passed out of Maori title. It can be seen that: . n
• Of the 11,534 acres removed from Maori title between 1961 and 1975, around 2943 acres, 26% of the total, were Europeanised under Part 1 of the Maori Affairs Act 1967. • Of the land initially Europeanised under the 1967 Act, approximately 2789 acres, n (95%), were from the non-seller reserves and around 1994 acres, (68%), were from blocks in the Waimarino 3 parent block. n • The owners of six of the 'Europeanised' Waimarino 3 subdivisions, covering an area of around 1544 acres ofland (52% of the land area originally Europeanised), applied o to repeal the Europeanisation process in the 1970s. These subdivisions reverted to Maori freehold title, leaving only 1399 acres of former Maori land Europeanised. H This occurred under a number of Acts including section 68 of the Maori Affairs Amendment Act 1974 and section 13 of the Maori Affairs Amendment Act 1973. The n 1398 acres that remained Europeanised made up 14% of the 9981 acres of land permanently removed from Maori title in the period from 1961 to 1975. • Of the 8582 acres sold in the period 1961 to 1975,just over 6654 acres, (78%), were ,from the non-seller blocks, while just over 1928 acres, (22%), were from the seller reserves. Just under 7584 acres were alienated to private purchasers, 65% of the total land removed from Maori title between 1961 and 1975. • The Crown purchased 1007 acres of land in the 1960s, all for prison purposes. This land was from the Waimarino 4AIA, 4A2, and 4A4, with ownership transferred in 1961 and from Waimarino 4A3 purchased in 1967. This land amounted to around 9% of the land alienated from the Waimarino Maori land between 1961 and 1975 and 12% of the sales made during this period.
Looking at the non-seller blocks individually:
73 • Waimarino 3: A total of 6168 acres was initially alienated from the area of the original Waimarino 3 block between 1961 and 1975, 33% of the land that made up the original Waimarino 3 block. However only 4624 acres or Waimarino 3, 25% of the area of the original Waimarino 3 block, was permanently alienated. An area of 4213 acres from thirteen subdivisions of Waimarino 3 was sold during this period. A further 1955 acres from ten subdivisions was Europeanised. The owners of seven of these subdivisions, covering an area of 1544 acres, later repealed this Europeanisation process and returned their land to Maori title. Land from the original Waimarino 3 made up 55% of the land alienated from the Waimarino seller reserves and non-seller blocks in the period 1961 to 1975 and 49% of the land permanently alienated from the areas in question over this same period.85 • Waimarino 4: A total of 1831 acres were purchased from the original area of
Waimarino 4 in the 1960s leaving only Waimarino 4AIB, an urupa of 4.7 perch~s, as Maori land. The Crown purchased four blocks of an area of 1007 acres, making up 29% of the original area of the Waimarino 4 block. The remaining 825 acres of Waimarino 4B2 was purchased privately in 1969, by STand M Pehi, who were among the Maori owners of the block. This block made up 23% of the area of the original Waimarino 4 block. 86 • Waimarino 5: The 803-acre Waimarino 5B5 block was Europeanised in 1969, while the 426-acre Waimarino 5A2B block was sold in 1972. These blocks made up 9% of the original block area. 87 • Waimarino 6: Three subdivisions of Waimarino 6, covering almost 35 acres, were Europeanised during the period in question. Two subdivisions, covering an area of 292 acres, were sold to private buyers between 1961 and 1975.
An investigation of the seller reserves over the same period shows: • Waimarino A: A total of 1928 acres were alienated from the original area of Waimarino A, through the sales of five subdivisions during the period 1961 to 1975.
85 Waimarino 3 BOF WH 388/5, MLC Wanganui; Record sheet, Title binder 54, MLC Wanganui 86 Waimarino 4 BOF WH 564/2 MLC Wanganui; Waimarino 4 file 20/90-4- DWN, LINZ Wellington 87 Record sheet, Title binder 54, MLC Wanganui 74 The combined areas of these subdivisions made up 13% of the area of the original Waimarino A block.88 • Waimarino CD: The Waimarino CD3D block, of 150 acres was Europeanised in 1969. This subdivision made up just over 3% of the area of the original Waimarino
CD block. 89 Table 6: Land lost from Maori freehold title from 1961 onwards o
o
Total land remaining Europeanised after repeals: 1395 acres H Total lost from Maori title after repeals of Europeanisation: 9977 acres n 2.14 The period 1961 to 1975 in summary
The 1960s and early 1970s was the second major period of Maori land alienation in the Waimarino blocks, after the 20 years from 1910 to 1930 .. Land alienation occurred through private sales and Crown purchase, both of which occurred on a scale not seen since before the 1930s depression. The economic prosperity of the early 1960s may have been a factor in kicking of this new period of land sales, as Pakeha farmers had more money available to acquire Maori land. The movement of rural Maori to the cities in this period may have been a factor in encouraging Maori land owners to sell their shares in rural land such as the Waimarino blocks. In addition from 1967 until the early 1970s there was the added factor of the compulsory 'Europeanisation' of Maori land through the
88 Waimarino AlO & A19, BOF WH 489/10 & WH 489/19; Record sheet, Title binder 55, MLC Wanganui 89 Waimarino CD, BOF WH 49212, MLC Wanganui; Record sheet, Title binder 55, MLC Wanganui 75 D n n D operations of the Maori Affairs Amendment Act 1967. The major factor in the removal of land from Maori title during this period was private sales, which made up 66% of the o alienations discussed. Crown purchases made up a small but still significant proportion of the sales during this time. The compulsory Europeanisation of land made up around 25% o of the original alienations. The fact that the owners of over half of the blocks that were originally Europeanised later applied to have this reversed indicates that many owners o were not happy with this policy. While the land purchased by the Crown over this period was only about a tenth of the o land alienated, it did make up almost one third of the original area of Waimarino 4 from which it was purchased. As a result of these and earlier purchases from both Maori and n Pakeha landowners, the Crown had obtained over 2500 acres of the original 3450-acre Waimarino 4 block.
2.15 The period from 1975 to 2003; the current status of the non-seBer blocks H The current status of the non-seller reserves is outlined below, examining each under. the category of the original parent block.
• Waimarino 2: No area was retained as Maori land after 1926. About 9.8% of the original area ofWaimarino 2 is now Crown land, mostly scenic reserves. • Waimarino 3: Following changes in legislation in 1973, the owners of six subdivisions with a combined area of 1544 acres, sought the repeal of the Europeanisation process. There is one block in Waimarino 3 for which the status remains unclear. The 71-acre Waimarino 3K2B2A block is listed as Maori freehold land on its certificate oftide but is not listed as Maori land on the Maori Land Court's MLIS database. According to the MLIS database, as of 2003,26 blocks with a total area of 5460 acres, remain as Maori land within the area of the original Waimarino 3 block. This constitutes 30% of the original area ofWaimarino 3. 90
90 WaimariilO 3 BOF WH 388/5, MLC Wanganui; Record sheet, Title binder 54, MLC Wanganui 76 • Waimarino 4: The only area of the original Waimarino 4 block remaining as Maori land after 1969 is the 4.7 perches of the urupa site Waimarino 4AIB. A further 74 acres of the original 3450 designated for the Waimarino 4 block remains unaccounted for. This may be land that the Crown took for the main trunk railway line that bisects Waimarino 4. Around 2500 acres of the original Waimarino 4 block is now held as Crown land. • Waimarino 5: Crown purchases within Waimarino 5 included small areas taken for roading, the 75 acres taken for scenic reserves and the 425-acre Waimarino 5A4 D block. This adds up to around 3.8 % of the original area of the Waimarino 5 block. Waimarino 5 is one of the Waimarino blocks in which the majority of the area of the o original block, some 8215 acres or 62%, held in 11 smaller blocks, still remains as Maori land. It should also be noted that the Crown acquired the blocks Waimarino 5B3, 5B6Al, 5B6A2, and part of 5B6B, totalling 3264 acres, from private owners in 1982. - • Waimarino 6: Only 278 acres or 21 % of the original Waimarino 6 block remain as Maori freehold land. The only Crown takings within the Waimarino 6 area were for H roading. • Waimarino 7: The entire 950-acre Waimarino 7 block was purchased by the Crown in 1899. • Waimarino 8: The entire 60-acre Waimarino 8 block was purchased by the Crown in 1926. n 2.16 The period from 1975 to 2003- the current status of the seller reserves
Looking at each of the seller reserves in turn: • Waimarino A: Around 6342 acres, or 42%, of the original area of Waimarino A remains as Maori land, in 17 smaller blocks. All the alienations in the area of Waimarino A were private purchases. A major discrepancy exists in the measurement of the area of Waimarino A. The owners were supposedly designated a reserve of 14,850 acres but the combined partitions of Waimarino A only add up to an area of around 14,600 acres.
77
r 1 o o o
D • Waimarino B: A total of 703 acres, around 7.8% of the original area ofWaimarino B remains as Maori land in the two blocks Waimarino B2 (502 acres), and Waimarino o B3A, (201 acres). Of the land alienated from Waimarino B, one block, Waimarino Bl, was sold to a private purchaser in 1912. At 633 acres it made up 6.8% of the original o block. The Crown bought the remaining 7982 acres, 86%, in Waimarino B3Bl, B3B2A and B3B2B, in 1915. o • Waimarino CD: Only one block, Waimarino CD3H2, of just under 5 acres remains listed as Maori land on the MLIS database. Another block, Waimarino CDID, of 5 acres, is recorded on its certificate of title as Maori freehold land, but is not included on the MLIS database. One block, Waimarino CD3D, of 150 acres, was Europeanised in 1969.91 As can be seen above, about 88% of the alienations from Waimarino CD o occurred in the 1910s. Only around 200 acres, about 4.4% of the alienations from Waimarino CD were Crown takings, nearly all for scenic reserves. o • Waimarino E: By 1930 no section of the original Waimarino E block remained as Maori land. Apart from a small Crown purchase for roading all alienations were H private sales. It should be noted that 202 acres of the originally designated Waimarino E block remain unaccounted for in this study, but may have been alienated by the Crown for roading and railways. • Waimarino F: The entire Waimarino F block, of 420 acres, was alienated to the Crown in 1926.
One factor that is noticeably missing from land acquired by the Crown in Waimarino is that of land taken in lieu of survey costs. While raising money to pay for surveys may have been a factor in' selling land, no direct evidence of such transactions has been uncovered in this study. All the Waimarino surveys appear to have been paid for in cash, as no cases were found of land being taken for survey liens.
91 Record sheet, Title binder 55, MLC Wanganui 78 2.17 Conclusion
The figures analysed above clearly show that the majority of the Maori land in the Waimarino non-seller blocks and seller reserves was alienated in the years from 1899 onwards. The non-seller blocks, originally designated as being 41,000 acres of land, had around 27,046 acres alienated over the period in question, a loss of approximately 66%. The seller reserves, originally designated as around 33,140 acres, had around 26,000 acres alienated, a loss of around 78% of their original area. Overall the combined blocks, of around 74,140 acres, lost 53,046 acres, or approximately 72% of their total original area. Alienations on this scale bring into question the effectiveness of Maori land legislation over this period, with regard to retaining land for the benefit of Maori owners. This researcher found no evidence, in the either the certificates of title or the Native Land Court minutes examined, that any of the Waimarino seller reserves or non-seller blocks were designated as being inalienable when they were first established. A variety of restrictions were imposed on some of the block subdivisions through the twentieth century as will be outlined below.
The Crown was responsible for alienating around 12,900 acres from the combined blocks during the period in question. This made up about 24% of the overall alienations and about 17% of the original area of the Waimarino reserves and non-seller blocks. Of land acquired by the Crown, 62% was made up by the approximately 7982 acres purchased in the Waimarino B blocks and a further 17% by the approximately 2263 acres purchased or acquired in the Waimarino 4 blocks. It can be seen that the Crown in its land acquisition activities does not appear to have made any great distinction between the non-seller blocks and the seller reserves. It seems instead that the Crown concentrated on acquiring particular blocks such as areas ofWaimarino B, 4, and 5 and all ofWaimarino 8 and F. In blocks Band 4, the Crown was the major land purchaser and in blocks 8 and F, the sole purchaser. The Crown also acquired sections of particular blocks for specific purposes such as roading and scenic reserves. The stories behind these acquisitions are examined in more detail in the following chapters.
79 n n n n The figures analysed above also show that, rather than having been a steady process, the alienation of land in the Waimarino blocks occurred rapidly in particular years with long o lulls in between. The first of two major periods of alienation was a period of Crown and private purchases in the 1910s and 1920s. In this period almost a half of the area of the non-seller blocks and over a half of the area of the seller reserves was alienated. The n second major period of alienation was in the 1960s. In this period, despite the process of Europeanisation and the purchasing activities of the Crown and private buyers, the major n factor in the alienation of Maori land was private sales. Alienation activity was concentrated in the non-seller blocks, in particular Waimarino 3, In the following n chapters we will examine the social, political and legal factors behind the alienation of n this land.
H
[] U
80 o o
Chapter Three- The History of the Waimarino Reserves and Non-seller blocks up to the Native Land Act 1909 o 3.1 Introduction D The following two chapters will provide historical explanations for the trends observed in the statistical analysis above. The alienation history of the Waimarino 4, Waimarino B, o Waimarino 8 and Waimarino F blocks will be dealt with separately in subsequent chapters. These blocks are examined in more detail, as in both blocks the Crown acquired o the majority, if not all, of their alienated land. The current chapter will concentrate ,?vents leading up to the introduction of the Native Land Act 1909. The period covered in this o chapter saw only a small amount of land alienation from the Waimarino blocks, all of which was at the instigation of the Crown. These alienations will be examined along with o the recommendations of the Stout Ngata Commission with regard to the Waimarino blocks. o 3.2 The period up to 1900- the case ofWaimarino 7 H In the period from the sale ofWaimarino 1 in 1887 through to 1900, there seems to have been considerable confusion among the owners and sellers of the Waimarino blocks. U Correspondence to the Native Department reveals many complaints over Crown actions. Correspondents complaints included: not receiving payment for shares sold; the impersonation of owners to sell their shares in land blocks; the lack of say in where reserves and non-seller blocks were allocated; the inadequate size of reserves or non seller blocks; and the omission of names from the list of owners. There were also those who wrote in objecting to the sale process altogether and arguing that the either the entire original Waimarino block or the northern Tuhua section still belonged to them rather than to the Crown. Many of those who had sold their shares wrote in to complain about the delays in surveying out the seller reserves. Of these correspondents a number asked that the individual 50-acre sections they had been promised should be cut out from the rest of the reserve. For at least the first few years after the initial sale of Waimarino shares, the
81 o n D o Crown continued to buy up shares, removing those who had sold from the list of non sellers.92 n As stated in the previous chapter the only land sale to occur in the Waimarino reserves and non-seller blocks before 1910 was the Crown's purchase of the Waimarino 7 block in n 1899. The 950 acre Waimarino 7 reserve was located in the north-eastern comer of the original Waimarino block, less than one kilometre to the south of the main trunk railway n line and the Whanganui River. Waimarino 7 was unusual in that rather than allocating it to a particular group of hapu, Butler granted the block to two non-sellers, Tarewa Heremaia and Te Moana. No mention is made of the hapu affiliations of these two individuals in either Butler's notebooks or the Whanganui minute books. No record was uncovered at the time of writing to indicate why Tarewa Heremaia and Te Moana were given their own block. The fact that Te Moana was a minor at the time of the block's n allocation makes this even more mysterious. Tarewa Heremaia was an objector at the Waimarino partition hearing which may have been factor in Butler specifically cutting H out land for her.
Unlike most of the Waimarino reserves and non-seller blocks, Waimarino 7 was prime land, being described by assistant surveyor P A Dalziell as 'mostly undulating, good soil, well watered'. Dalziell estimated that all but 30 acres of the block was covered in bush. He did not describe the make up of most of the bush, but noted that there was a 40 acre area of totara forest, about half of which he believed contained good timber. The block had the further advantage of fronting on to the main trunk road, thus allowing easy transport of produce and timber from the block. Dalziell estimated the value of Waimarino 7 as 15 shillings an acre, the same valuation that he had made for the nearby Waimarino 6 block, which was of similar quality and located near to the road and railway.
92 Ngatai Te Mamaku and 107 others to the Governor ofNZ, 9 June 1887, MA 1 1924/202 vol 1, ANZ; Pehi Turoa to J Ballance, 19 December 1887, MA 1 1924/202 vol 1, ANZ; Tuao to the Government of the Colony ofNZ, 11 June 1887, MA 1 1924/202 vol I, ANZ; Tuao Ihimaera to the Native Minister, 9 August 1887, MA 1 1924/202 vol 1, ANZ; J E Grace to Under Secretary Native Department, 19 April 1889, MA 1 1924/202 vol 1, ANZ; Tawiri to Under Secretary Native Department, 19 April 1889, MA 1 1924/202 vol 1, ANZ; F W Cribb to Under Secretary Native Department, 10 Sept 1892, MA 1 1924/202 vol 1, ANZ; Taitua Te Uhi to Native Minister, 5 March 1895, MA 1 1924/202 vol I, ANZ; Tuao to Native Minister, 17 March
82 In contrast Dalziell valued the poorer eastern lands ofWaimarino 4 and 8 blocks at 2/6 an o acre. Otway had valued valuation the south-western lands of Waimarino 2, 5 and B at from 1 to 3 shillings an acre. 93 o Of the two Waimarino 7 owners, Te Moana was a minor at the time of the sale of the main Waimarino block, being recorded as being sixteen years old on 16 March 1886. o Reone Parao was therefore appointed in November 1886, as a trustee for Te Moana. It appears that Parao almost immediately began to try and arrange for the sale of Te o Moana's interests in Waimarino 7, although there is no indication as to whether Parao carried out these actions with the knowledge or approval of Te Moana. At some time n before early June 1888, Parao claimed to have met with Butler at Putiki and arranged for a payment to be made to Te Moana for Te Moana's share ofWaimarino 7. Parao claimed o that Te Moana had come of age four months previously. The Native Land Purchase office rejected Parao's request as, according to Crown records, Te Moana would not come of o age until 13 November 1891. The Native Land Purchase office policy at this time was not to consider purchasing the shares of a minor, although Dickson, the Wanganui Registrar, H argued that such purchases w~re allowed under section 57 of the Native Land Court Act 1886. This policy of not purchasing the shares of minors appears to have been a new
initiative as Butler purchased many shares from minors during 1886 and early 1887. 94
In March 1895, Te Moana contacted Ernest Barnes of the Wanganui Land Purchase Office with the offer to sell his share of Waimarino 7. P Sheridan, the Land Purchaser at the Native Department in Wellington, advised that Te Moana would either have to get the agreement of Tarewa Heremaia to sell all of the block or else get the Native Land Court to partition out their respective interests, before the sale could go ahead. Te Moana was clearly able to eventually get Heremaia's agreement to sell as the whole block was sold to
1895, MA 1 1924/202 vol 1, ANZ; Petition, Paraone Ropiha & Hinaki Ropiha, 2 July 1895, MA 1 1924/202 vol 2, ANZ; Petition ofTe Hurinui Tukapua, 31 July 1896, MA 1 1924/202 vol 2, ANZ 93 PA Dalziell, Report on Waimarino 4, 6,7 & 8, 30 November 1895, MA 1 19241202, vol 2, ANZ; CC Otway, Report on Waimarino B, 2,5 and Popotea, 5 August 1895, MA I 1924/202, vol 2, ANZ 94 Telegram, EB Dickson, Registrar, Wanganui, to P Sheridan, Land Purchaser, Wellington, 18 June 1888, MA 1 1924/202, vol 1, ANZ; Note P Sheridan to EB Dickson, 22 June 1888, Minute Sheet 88/146, in 1924/202 vol 1, ANZ; Note EB Dickson to P Sheridan, 25 June 1888, Minute Sheet 88/146, in MA 1 1924/202 vol 1, ANZ .
83 o n D o the Crown in 1899. W E Goffe negotiated the sale of the block for £800, thus giving Heremaia and Te Moana a price of just under 17 shillings per acre, higher than Dalziell's n 1895 estimate of 15 shillings per acre.95 The sale of Waimarino 7 indicates that the Crown was continuing to buy Waimarino o shares up to 1900. The reasoning behind the initial allocation ofWaimarino 7 to only two owners remains a mystery, particularly given the fact that the reserve contained land with o good commercial potential. Tarewa Heremaia' and Te Moana were allocated this land after being inadvertently left off the original list of owners, to which their names were n added in May 1886.96 It is possible that Butler hoped to be able to buy the shares of Tarewa and Te Moana and simply allocated them land in the meantime until he had an D opportunity to buy it from them. If this was indeed the case, the introduction of the Crown's policy of not buying the shares of minors meant that any purchase of the land n had to wait until Te Moana came of age. B 3.3 Land legislation and land alienation before 1909: leasing in the Waimarino blocks
In 1887 the Crown acquired the vast majority of the original Waimarino block, through the actions of W J Butler as land purchase officer. This operation was made possible by Te Rangihuatau's application to the Native Land Court for title to the Waimarino block. The only sale of land from the Waimarino blocks for over 20 years after the 1887 purchase, was that of Waimarino 7 in 1899. It appears that Butler may well have begun negotiating for this sale from at least 1888, but any sale was delayed by the Crown adopting a policy of not buying the shares of minors.
Although the Liberal Government throughout the 1890s pursued a vigorous policy of purchasing Maori land, the only part of the Waimarino blocks acquired during this period was Waimarino 7. No evidence has yet come to light of Crown efforts to buy land in the
95 Telegram, E Barnes, Wanganui, to P Sheridan, Land Purchaser, Wellington, 20 March 1895, MA 1 1924/202, ANZ 96WMB 9, 5 May 1886p 310
84 B I other Waimarino non-seller blocks or seller reserves during the 1890s. The Native D Department did continue to gather infonnation on likely purchasing opportunities from both Maori and settlers. For example, in 1894, W McDonnell infonned the clerk of the a Native Department in Wanganui, that his wife Tarihia Kareti wished to sell her shares in Waimarino 5. McDonnell added that he believed the majority of other owners could, with a small amount of pressure, be induced to sell their shares.97 o
Section 117 of the Native Land Court Act 1894 dictated that in most circumstances only o persons acting for the Crown could purchase Maori land. This legislation was followed by section 3 of the Native Land Laws Amendment Act 1899, which stopped new Crown n purchases of Maori land. Sale of land in the Waimarino blocks was therefore effectively halted until the introduction of the Native Land Act 1909. The Maori Lands n Administration Act 1900 placed all of the Waimarino blocks within the Aotea Maori Land District and under the administration of the Aotea Maori Land Council. Maori Land
98 o Districts were separate entities from the Maori Land Court Districts of the time.
The Land Councils as envisaged under the Act were to consist of a Crown appointed H president; two further Crown appointees, one Maori and one Pakeha; and three elected Maori members. These councils were to detennine which Maori land within their districts was needed for Maori occupation and which land could be leased out for tenns of up to 50 years. Leasing was only to be carried out with the pennission of the relevant Maori
Lan~ Council, who must ensure that the owners leasing the land retained enough for their own occupation and use. Sales of land owned by three or more owners needed the approval of the Governor in Council, but the reality of the situation was that new sales were effectively halted during this period. The Act also provided that Maori land could be vested in the councils in trust under conditions agreed with the owners at the time of
vesting. 99
WMB 10, May 1886, p 90 97 J Bates, Native Department Clerk, Wanganui, to P Sheridan, 27 April 1894, 1924/202, vol I, ANZ 98 A Ward, 'National Overview, Vol 2', Rangahaua Whanui Series, Waitangi Tribunal, 1997, pp 372-373; D M Loveridge, 'Maori Land Councils and Maori Land Boards: A Historical Overview, 1900 to 1952', Rangahaua Whanui National Theme K, Waitangi Tribunal, 1996, pp 22-23 99 Ward, 'National Overview, Vol 2', pp 372-373; Loveridge, pp 22-23,29 85 Following the selection and election processes the Aotea Maori Land Council was appointed in December 1901. The Crown originally appointed the Native Land Court judge William Gilbert Mair as President, but in 1903 he was transferred to the position of President of the Waikato Maori Land Council. His replacement as President of the Aotea Maori Land Council was a figure well known to Waimarino landowners, the Native Land Court judge and former land purchase officer, William James Butler. The other Crown appointed members were Thomas William Fisher, Ru Reweti and Taraua Marumaru. The elected members were Takarangi Mete Kingi, Waata Wiremu Hipango and Te Aohau Nikitini. It does not appear that any of the Waimarino reserves or non-seller blocks were vested in the Aotea Maori Land Council during its brief period of existence. 100
The Aotea Maori Land Council was not in existence very long before the Maori Land Settlement Act of 1905 abolished the Maori Land Councils and set up Maori Land Boards in their place. The Act was introduced partly in response to pressure from Pakeha settlers that not enough Maori land was being made available at a fast enough rate to satisfy settler demand for land. The Maori Land Boards consisted of three members, two Pakeha and one Maori, all of whom were to be nominated by the Crown. In the case of the Aotea District Maori Land Board, the appointees were Thomas W Fisher as President, with Harry Lundius and Takarangi Mete Kingi as members. The 1905 Act facilitated the resumption of Crown purchasing and the freeing up of conditions for the approval of leasing Maori land. Private purchasing of Maori land was still restricted, as private purchasers could only buy land with less than three owners, unless a Maori Land Board
approved the removal of restrictions. 101
The effect of the legislation and administrative structures outlined above can be detected in the history of the Waimarino reserves and non-seller blocks during the first decade of the twentieth century. After 1899, there were no land sales of native land from the Waimarino blocks until 1910. The records for leasing over the same period are
100 Loveridge, p 33; S Katene, 'The Administration of Maori Land in the Aotea District 1900-1927', MA VUW, 1990,pp 70, III
86 ------
I incomplete, but it is clear that, from 1905 onwards, leases were sought for a considerable I area of both the non-seller blocks and seller reserves. In 1905 Charles McDonnell was able to buy a timber grant from the shareholders of 89/16 of the 15 Waimarino 4 shares. I He also made leasing arrangements with the owners of 8 Yz shares ofWaimarino 4. This enabled him to apply to lease 2000 acres of Waimarino 4. In the same year McDonnell o also applied to lease 100 acres of Waimarino 6. These transactions appear to have been approved by the Aotea District Maori Land Board. The Puketapu Sawmilling Company o applied unsuccessfully in 1906 to lease 1200 acres ofWaimarino 6. In 1907 the owners agreed that Martha Craig should have a 50-year lease of the Waimarino 2 block. It appears that the Aotea District Maori Land Board did not approve this application. n Gregor MacGregor applied in 1907 for 48-year leases over Waimarino 3B and 3Q, a combined area of 734 acres, but both applications are recorded as being struck out in n 1910. In 1908 the 847-acre Waimarino 5A2 block was leased to William McDonnell for 42 years. In 1910, Thomas McKean made two separate offers to lease or buy part of Waimarino C. That same year a similar offer was made by H S Steadman and F Cartman. In all of these cases the owners ofWaimarino C voted not to take up their offers. 102 H
.. In respect of the seller reserves, the 1907 report of the Stout-Ngata Commission stated that applications had been made for the lease of the Waimarino E blocks. The records I have located for Waimarino E over this period are incomplete but show that at least 2133 n acres, or over half the original block, was leased between 1907 and 1910. All these leases were to David Gardener or his family and associates. Gardener was the owner of a sawmill located in close proximity to the Waimarino E block. The Stout-Ngata report also noted that all of the Waimarino B, C and D blocks were reported to be under negotiation for lease in 1907. It should be noted that all of the people identified above as having
101 Ward, 'National Overview, Vol 2', pp 374-376; Katene, pp 97-99 102 President, ADMLB to the Under Secretary, Native Department, 11 Jan 1912, MLC-WG, 3/19111118, ANZ; Waimarino 6 alienation file 1905/39, 14 March 1905-20 Sept 1906, in MLC-WG 3/19061122, ANZ; Application for consent to lease, 6 September 1906, MLC-WG 3119061122, ANZ; Waimarino 2 alienation u file 1907/22, 10 July 1906-1 March 1907, in MLC-WG 3/1757, ANZ; Waimarino 3B alienation file 19Q7/8 3 June 1907- 18 September 1907, in MLC-WG 3/19111272, ANZ; Wairnarino 3Q alienation file 1907/166 29 August 1907, in MLC-WG 3/1912/196, ANZ; President, ADMLB, to the Under Secretary, Native Department, 3 November 1932, MLC-WG 3/4428, ANZ; Waimarino C alienation file, MLC-WG 3/1910/235, ANZ; Waimarino C alienation file, MLC-WG 3/1910/232, ANZ 87 applied prior to 1910 for leases of seller reserves or non-seller blocks were later involved in efforts to lease or buy land in the Waimarino blocks. 103
3.4 The Stout-Ngata Commission in Whanganui 1907
In 1906 the Liberal Government set up a two man Royal Commission of Sir Robert Stout, the Chief Justice, and Apirana Ngata, who at this time was a member of the Native Affairs Committee and right-hand man to James Carroll, the Native Minister. The role of the commission was to appraise the land remaining in Maori ownership in order to facilitate the Liberal Government's native land policies. These policies were to ensure that sufficient land was available to support Maori occupiers through farming, while opening up the remainder for Pakeha settlement through the mechanisms of Crown purchase, leasing by land boards, or leasing by the Maori owners under land board supervision. 104
On 26 April 1907, the Stout-Ngata Commission reported back from their investigations of lands in the Whanganui district. In reference to the original Waimarino purchase the commissioners stated, 'In the whole history of the colony there has never been any purchase so extensive in any district, or one completed with such expedition' .105 The report set out the areas of the Waimarino reserves that had been approved for lease, the areas that had applications for lease under consideration and the areas that were reported to be under negotiation for lease. The report then outlined the evidence that the owners of each of the blocks had presented to the commission. In each case the owners put forward their requests concerning what they wanted to do with their lands. Based on this evidence, the commission made recommendations for each block.
103 Waimarino E1a1ienation file 1907/243,31 October 1907, in MLC-WG 3/1907/243, ANZ; Waimarino E2 alienation file 1908/82, 30 April 1908, in MLC-WG 3/1908/82, ANZ; Waimarino E3 alienation file 1907/244 1 November 1907, in MLC-WG 3/914, ANZ; Waimarino E4 alienation file 1907/245, 1 November 1907, in MLC-WG 3/1914/184, ANZ; Waimarino E6 alienation file 1907/247, 1 November 1907, in MLC-WG 3/150, ANZ; Waimarino Ell alienation file 1909/22,23 February 1908, in MLC-WG 3/200, ANZ; Waimarino E12 alienation file 1907/248, 1 November 1907, in MLC-WG 3/540, ANZ; Lands in the Whanganui District, AJHR, 1907, G 1A, p 6 104 Joseph Ward, financial statement, 28 August 1906, AJHR, 1906, B 2, pp xiii-xiv. 105 Lands in the Whanganui District, AJHR, 1907, G lA, p 5
88 a n I I The evidence and recommendations for each block as presented in the commissions report, was as follows: o Seller reserves: • Waimarino A- The owners wished to have 1,800 acres set aside for family fanns. n The reported noted that the average interest of the owners was 50 acres per head. Most owners wanted to lease out their land and all the owners supported the o partitioning of the block to make it easier to either farm or lease their land. The commissioners thought that partition would only benefit those owners who wished to farm and would put all owners to great expense for the relevant Native Land Court II costs and survey charges. The commission recommended that 4,000 acres be set aside for Maori farms and that the rest of the block should be leased out. o • Waimarino B- The commissioners reported that they had information that Pakeha were negotiating for the lease of the entire block. While their report did not name the principal Pakeha negotiator, the commissioners commented that he and his family already leased 'an excessive amount' of Maori land given the Government's general H land policies. It is likely that the report was referring to a member of the Craig family, as they were large-scale leaseholders in the area. The report recommended that Waimarino B should be made available for general settlement and that, until this proposal had been considered, all private dealings in Waimarino B should be suspended by law. • Waimarino C and D- The commissioners noted that negotiations had been entered into for the lease of these blocks, while in the meantime some of the owners were living on the land and had made small clearings. The commissioners accepted that those negotiating for leases were legitimate and therefore made no recommendations on the two blocks in question. • Waimarino E- The commissioners noted that applications were pending for the lease
of the entire block but that the Native ~nister was also considering setting aside the whole block as a reserve for 'Maori settlement and occupation'. The commissioners noted that some of the owners wanted to fann portions of the block and went on to
89 D o o o recommend that the whole block be vested in the Maori Land Board to be administered as a block for Maori settlement. o • Waimarino F- The commissioners recommended that this block be reserved for papakainga purposes. 106 o Non-seller blocks: • Waimarino 2- The commissioners noted that an application for the lease of the whole block was pending. They went on to note that they did not believe the conditions of D the lease compared favourably with the terms under which the adjoining Whanganui River Trust Endowment Block was leased. The commissioners were also concerned n that lessee for the Waimarino 2 block was Martha Craig, as they believed the Craig family already had large leaseholdings of Maori land in Whanganui and were trying o to acquire more. The commissioners recommended that any dealings with Waimarino 2 be suspended pending a parliamentary investigation into abuses of the leasing system. • Waimarino 3- The commissioners recommended that a similar policy be applied to H Waimarino 3 to the one they had proposed for the Whakaihuwaka and Taumatamahoe blocks. A 600-acre papakainga reserve should be established around the Manganui a Te Ao settlement. The interests of those individuals or families wishing to occupy and farm land should be grouped. The commissioners estimated that 8000 acres would be required for this. The remaining 9750 acres of Waimarino 3 should be leased for general settlement. • Waimarino 4- Having noted that 2000 acres of this block had been leased, the commissioners recommended that the owners' intentions to use and occupy the remainder of the block should be followed through. • Waimarino 5- The commissioners had received no information on Waimarino 5 and were therefore unable to make any recommendations regarding that block. • Waimarino 8- The commissioners recommended that this block be reserved as a papkainga. I07
106 Lands in the Whanganui District, AJHR, 1907, G lA, pp 7-8 107 Ibid., P 8
90 Stout and Ngata noted that although some individuals owned large amounts of land, in many cases these holdings were scattered through a number of different blocks, making it difficult for the owners to develop their land in any economic way. Many owners were eager to individualise their titles by a process of partition whereby their interests could be separated out from the original communally owned blocks. The commissioners believed that the greatest need of all was for a process of land exchanges between individuals and families to enable the consolidation ofland holdings. 108
Stout and Ngata investigated the Aotea District Maori Land Board and tried to gauge the reaction of Whanganui Maori to the Board's activities. Whanganui Maori were critical of the system of vesting land in the Maori Land Board for the Board to lease by tendering out on their behalf. Maori argued that such leases involved extra expenses for surveying, roading and administration and were often accompanied by long delays before the owners received any rent money. Maori landowners supported the system of negotiating private n leases with the approval of the Board, as rents became available once the Board gave its approval, with the only deductions being those for land tax. The landowners also argued H that vesting land in the Board took away their freedom to deal with their property as :they saw fit. It would therefore seem that in 1907 there was considerable support among II Whanganui Maori landowners for the freeing up of leasing arrangements provided under the Maori Land Settlement Act 1905.109
The Stout-Ngata report also gave some details on the common process of negotiating a lease for native land in the Whanganui district. The standard procedure appeared to be that the person seeking to obtain a lease would secure the assistance of a prominent owner. The owner would then take the preliminary agreement around to the other owners to obtain their signatures as a sign of their agreement to the terms. The hopeful lessee would pay 'expenses' to the leading owner. The other owners were paid on signing the lease agreement. However the document signed was only a proposal to lease and still had to have its terms approved by the Aotea District Maori Land Board. If and when that
108 Ibid., P 9 109 Ibid., P 11, 14
91 n D
D approval was attained, the formal lease still had to be signed before official witnesses, interpreters and Justices of the Peace to be a legally binding document. Potential existed o for competing prospective lessees to try and obtain the support of different prominent owners and compete to gain signatures. A prospective lessee could also end up laying out o a considerable amount of money to obtain signatures only to have the lease proposal rejected by the land board. I 10
o The commissioners' report expressed concern over the disregard in the Whanganui district for the principle of limitation of holdings, the Liberal Government's policy of n trying to restrict individuals from having control over very large areas of land. The commissioner's were worried that certain individuals and families were abusing the leasing system by leasing large areas of Maori land. The commissioners cited the example of the Craig family. William, Thomas, James, Martha, Janet and Launcelot Craig n had between them leased 10,352 acres in the Aotea Maori Land District, with applications pending on a further 10,899 acres. Among these applications pending was B Martha Craig's application for a fifty-year lease over the 3,640 acres of Waimarino 2. In addition to the areas mentioned above the report stated that William Craig was n negotiating for a lease over a further 10,000 acres of Maraekowhai and Waimarino, to add to the 9758 acres he had already leased or applied to lease. Another three members of the Craig faririly, Nora, Vera and Robert, had leases approved for 4455 acres in the Maniapoto-Tuwharetoa Land District. The Stout-Ngata report pointed out that there was no legal barrier to prevent the family transferring the leaseholds of all of these lands to one family member or transferring all of the leaseholds to a third party at a profit for the
goodwill. I I I
The commissioners declared their disappointment at what they perceived to be a lack of ambition among Whanganui Maori to become farmers. They believed that some Maori leaders were discouraging Maori farming efforts in case such Maori farming jeopardised lease negotiations with Pakeha. Presumably the leaders were worried that those Maori
110 Ibid. ,p 14 HI Ibid., pp 14-15 92 who farmed lands in which they were shareholders would try and prevent those lands from being leased to Pakeha farmers by other shareholders. The commissioners stated their own belief that younger Whanganui Maori could become successful farmers, given the right land settlement policies along with systematic instruction and assistance. It is not clear how informed Stout and Ngata were on the state of Maori farming at that time in the Whanganui district, nor how familiar they were with the suitability of lands in the area for farming. I 12
The Stout-Ngata report concluded that about 500,000 acres remained in Maori ownership in the Whanganui district, with an average of 250 acres per head. The commissioners believed that, while a minority of owners could still afford to sell land, the majority of Maori landowners should not be regarded as having surplus lands for sale. With regard to the Waimarino blocks the commissioners made the following recommendations: • All 450 acres of Waimarino F and all 60 acres of Waimarino 8 should be set aside as papakainga, as should 600 acres ofWaimarino 3; • All 4060 acres of Waimarino E, along with 1450 acres of Waimarino 4, should be vested in the Aotea District Maori Land Board for Maori farming purposes; • An area of 4000 acres from Waimarino A and 8000 acres of Waimarino 3 should be set aside for Maori farming but not as yet vested in the Board; • The following areas should be opened up for leasing to the general public; 10,850 acres of Waimarino A, all of the 9270-acre Waimarino B, all of the 3640-acre Waimarino 2, and 9750 acres ofWaimarino 3; • The commissioners noted that Waimarino C and D, a combined 4440 acres, and 1250 acres of Waimarino 6 were currently subject to negotiations for lease. The commissioners saw no need to make any recommendations with regard to these areas; • The Commission made no recommendations regarding the 15,200-acre Waimarino 5 block, as the Commission had not investigated that block.
It is not clear whether any of the commission's recommendations were adopted in the short term. Martha Craig's application to lease Waimarino 2 was not accepted, but the
112 Ibid., p 16 93 D o o author has been unable to detennine whether this was as a result of Stout and Ngata's recommendations. The lack of Government action on Stout and Ngata's o recommendations was probably a consequence of the decline of Native Minister Joseph Carroll's 'taihoa' policy of slowing down the alienation of Maori land. The renewed n emphasis on the purchase of Maori land was reflected in the introduction of the Native Land Settlement Act 1907 and the Native Land Act 1909. With the victory of the Reform party in 1911 and the push by the new Native Minister William Herries to purchase as n much Maori land as possible, there was no longer any likelihood of the adoption of the policies on land retention and leasing recommended by Stout and Ngata. The history of land alienation following the passing of the Native Land Act 1909 and the election of the Reform Government in 1911, indicates that, in the long term, the Crown ignored Stout and Ngata's advice that most Whanganui Maori could not afford to lose any more land.
D 3.5 Scenery Preservation- the taking of land on the Whanganui River
H The Scenery Preservation Commission, established under the Scenery Preservation Act 1903, made an official inspection of the Whanganui River in 1904.113 The commission travelled up the river and also held a munber of meetings at Wanganui. The primary interest of the commission was in reserving picturesque areas of scenic natural beauty that might be observed by travellers on the river. The commissioners were also interested, perhaps due to the influence of Percy Smith and Tunuiarangi, in reserving areas of Maori historical interest such as pa sites, battlegrounds and wahi tapu. Robyn Hodge records that the commissioners excluded riparian lands that they believed were suitable for settlement. Hodge also notes that scenic reserves could still have roads built through them
in order to gain access to back country areas. I 14
113 The Scenery Preservation Commission, consisted of the Chairman, Stephenson Percy Smith, former Surveyor General and Secretary of Lands and Mines; W W Smith, Curator of the Public Domain in Ashburton; H G Mattews, the Chief Forester; J W A Marchant, the current Surveyor- General; J WAllman, of the Lands Department in Dunedin and Major H P Tunuiarangi ofNgati Kahungunu and Ngati Rangitane. In addition to Major Tunuiarangi's Maori knowledge, S Percy Smith, who was the head of the Polynesian Society, was a fluent speaker of Maori and had a keen interest in Maori oral tradition and history. 114 R Hodge, 'The Scenic Reserves of the Wbanganui River, 1891-1986', Waitangi Tribunal, 2002, p 66 94 The Scenery Preservation Commission advised that Maori should be consulted when the Crown were establishing the boundaries of scenic reserves, but indicated that Maori interests should not be allowed to over ride the imperative of scenic preservation. This advice is of particular significance when considering the amount of Maori land that the commission had earmarked for compulsory acquisition. The commission recommended that the Crown establish approximately 29,628 acres of land in scenic reserves along the Whanganui River. Roughly 10,298 acres of this land were already in Crown ownership and 190 acres were held in private ownership. The remaining 19,140 acres were Maori land. It should be noted however that in the end a total of 7500 acres were acquired from
Maori land for scenic reserves. I IS
In the years immediately following the Scenery Preservation Board's recommendations II no immediate actions were taken by the Crown to acquire scenic reserves from land in the Waimarino blocks. This may have been a result of the fact that during the period n between the passing of the 1906 and 1910 Scenery Preservation Amendment Acts, Maori land could not be taken under the relevant Public Works Acts. Under the Scenery H Preservation Amendment Act 1903, land required for scenery purposes was to be taken under the relevant Public Works Act. With the passing of the Scenery Preservation D Amendment Act 1906, the Scenery Preservation Committee was itself replaced by the Scenery Preservation Board. The new board was to be a permanent authority charged with scenery preservation, with its membership consisting of the Surveyor-General, the General Manger of the Tourist and Health Resorts Department, and the Commissioner of Crown Lands of the district in which the potential reserve was located. An Inspector of Scenic Reserves, E Phillips Turner, was appointed in 1907 to report on scenic reserve
recommendations. I 16
One of Phillips Turner's first missions was an inspection tour of the Whanganui River with the members of the Scenery Preservation Board. In his 1908 report on this tour, Phillips Turner confirmed the original recommendations that the Scenery Preservation
115 Hodge, p 66 116 Hodge, pp 67-69
95 n D D Committee had made in 1905, but with an additional 29,628 acres of land recommended to be incorporated into scenic reserves. The aim of the Scenery Preservation Board, as set o out in its 1910 report, was to preserve natural beauty, while retaining vegetation to stabilise river banks and hillsides, preventing erosion and the siltation of river beds. The 1910 report made no mention of having to take notice of Maori concerns, other than as
n part of the interests of the wider community. I 17
o In late 1910 Phillips Turner surveyed the scenic reserve areas that had been recommended in the Waimarino blocks. These included areas in the Waimarino CD3C, n CD3G and CD3F blocks. Waimarino CD3C and Waimarino CD3G were sold in 1913 and Waimarino CD3F was sold in 1914. The scenic reserves in these blocks had not yet been n gazetted, but the areas for the scenic reserves in question had already been surveyed. Therefore the areas that were to become scenic reserves were not included in the land sold. The Crown later paid compensation for the scenic reserve land to the Maori
owners. I 18 B The table below sets out the areas that the Crown acquired by compulsory purchase for the establishment of scenic reserves, along with the dates on which they were acquired.
Table 7: The Crown's acquisition ofWaimarino lands for Whanganui River scenic reserves
Waimarino 2 355 acres £355 25 May 1911 Waimarino 5 75 acres Oroods 30 perches £75 25 May 1911 Waimarino CD 2 28 acres 1 rood 18.36 perches £200* 31 Oct 1916 Waimarino CD 3B2 11 acres 3 rood 16 perches £42 18s 5d 31 Oct 1916 Waimarino CD 3C 2 acres 1 rood 20 perches £ 10 7s 10d 31 Oct 1916 Waimarino CD 3E 19 acres 3 roods 16 perches £ 39 14s 31 Oct 1916
117 AJHR, 1908, C-6, p5 andAppendixD; AJHR, 1910, C-6, pp 1-3 118 Hodge, pp 10-11; Waimarino CD3C alienation file MLC-WG 3/1913/162; Waimarino CD3Galienation file MLC-WG 3/1913/321; Waimarino CD3F alienation file MLC-WG 3/1913/216 96 D Waimarino CD 3F 26 acres 2 roods 26 perches £69 19s 9d 31 Oct 1916 o WaimarinoCD30 33 acres 0 roods 31 perches £200* 31 Oct 1916 Waimarino CD30 33 acres 3 roods 11 perches £175s 31 Oct 1916 o Waimarino CD 30 34 acres 2 roods 20 perches £18215s 31 Oct 1916 Waimarino CD 3H 3 acres 1 rood 27 perches No payment 31 Oct 1916 *This £200 was paid for the Waimarino CD2 land and 33 acres 31 perches of Waimarino o CD3G n The Scenery Preservation Committee had also recommended that an area ofWaimarino 3 should be acquired for a scenic reserve, a recommendation repeated by the Wellington II Scenery Preservation Board in 1923. The lack of any record of parts of Waimarino 3 being taken for scenic reserves indicates that no action resulted from these recommendations. 119 H The Crown's calculations ofland value for paying compensation were based solely on the perceived value of the land in question for farming, rather than allowing any monetary value to be set based on the scenic qualities of the land. In the case of Waimarino 2, the Crown appears to have been careful to allow the landowners continued access to the inland areas. Thus while most of the river front land was taken for scenic purposes, the landing sites at Kahura, Waitere and Arawhata streams were left in Maori ownership. It is not clear whether the same effort was made with other Waimarino blocks. The Crown made it clear that under the Scenery Preservation Act, the Wellington Scenery Preservation Board was alone responsible for both setting the boundaries of scenic reserves and the Native Land Court was responsible for assessing the amount of compensation to be paid. Thus Maori had no input in the processes of defining the boundaries and assessing compensation when the Crown was taking Maori land for scenic reserves.120
119 Hodge, pp 71, 79, 80 120 Hodge, p 91,116-117
97 If D D I The concerns of some of the Waimarino landowners over the Crown's compulsory D acquisition of their land can be judged from the evidence they gave to the Wanganui River Reserves Commission in December 1916. This commission was set up to enquire into the scenic reserves on the Whanganui and consisted of chairman Thomas Duncan, a D Rangitikei farmer, Edward Phillips Turner, the surveyor, and Te Hikaka Takirau of Oeo. H M Stowell, also known as Hare Hongi, was interpreter for the commission. Te n Whareponga Te Moananui, Rongonui Te Whitu and Kahu Piniha, owners of Waimarino 5B4 and 5B5, all gave evidence that they were happy for cliff areas to be included in n scenic reserves but wanted any areas that were suitable for farming to be returned. Pare Te Uria, an owner of Waimarino 2, made similar comments regarding that block. Hori D Hakiaha, an owner of Waimarino CD 3B2, agreed that an area from that block should be made a scenic reserve but was unhappy with the price offered. Te Tahuri Ngahinu, another owner of Waimarino CD3 complained that he had yet to receive any compensation money. These complaints should be viewed in consideration of the fact that 8 out of 21,250 acres of the land taken for scenic reserves, approximately 7500 acres (or around 35% of the total) were Maori land, including 624 acres from riparian areas of Waimarino reserves and non-seller blocks.121 Maori complaints over the loss of productive land, inadequacy of compensation and lack of power in the decision making process are understandable when the large amount of Maori land taken for scenic reserves is added in to the wider pattern of large scale land loss in the Waimarino area.
3.6 Scenery Preservation- Waimarino 4 and the Main Trunk Line
The March 1907 report of the Scenery Preservation Board noted that one of the major priorities for the board was the reservation of land along the North Island Main Trunk Railway line. The board made a special report on its recommendations for scenery preservation along the North Island main trunk line, based on their own observations and on the earlier recommendations of the Scenery Preservation Committee. The board recommended a string of scenic reserves along the railway line, including a reserve in the
121 Hodge, pp 93-96,105,107,113
98 a I Waimarino 4 block. The proposed reserve was an area of 1100 acres, consisting of a strip a of land about 60 chains in width to the west of the railway line and the Otamaewa Stream. The report also noted the presence of the earthworks of an old pa in the south D eastern comer of the Waimarino 4 block, referring to this site as Waimarino Pa. It was not until 1912 that a much reduced scenic reserve was gazetted in Waimarino 4. The scenic o reserve of 128 acres I rood 2 perches, was located on the northern border of the block adjacent to the railway station site and did not include the Waimarino Pa site. The issue of the creation of this scenic reserve will be dealt with in more detail in the chapter on n Waimarino 4. 122
J 3.7 Conclusion II By 1909 most of the Waimarino non-seller blocks and seller reserves were still in Maori freehold title. Waimarino 7 had been sold to the Crown and considerable areas of other n blocks were leased out. The Stout-Ngata Commission had expressed concern over the extent of some Pakeha families' leaseholdings, in particular those of the Craig family. H The commission recommended that significant areas of Waimarino 3, 4, and A, along with all ofWaimarino E should be set aside for Maori farming. All ofWaimarino F and 8, n along with a section ofWaimarino 3, should be set aside as papakainga. It will be seen in subsequent chapters that these suggestions were ignored. The Scenery Preservation Commission had selected around 760 acres of Maori land from the non-seller blocks and seller reserves to be taken for scenic reserves. This would become part of an ongoing process of Crown acquisition of land from the Waimarino non-seller blocks and seller reserves.
122 AJHR 1906, C-6, pp.33-36 and Map 4; CT 1911241 Waimarino 4 99 o n D
Chapter Four: The Alienation History of the Waimarino Reserves and Non-Seller D Blocks: 1909-1930 D 4.1 Introduction This chapter covers the same ground as the statistical analysis carried out in chapter 2, D but provides historical explanations for the trends observed. The chapter does not examine the alienation history of the Waimarino 4, Waimarino B, Waimarino 8 and o Waimarino F blocks, which will be dealt with in more detail in separate chapters. The chapter begins at the time of the Native Land Act 1909, as this piece of legislation Do initiated the major sale of subdivisions of the Waimarino non-seller blocks and seller reserves. The current chapter will examine the social, political and legal contexts of the alienation history of the seller reserves and non-seller blocks. Examples from block histories will be used to explain the trends in land alienation within these contexts.
o 4.2 The Native Land Act 1909 and its impact on the Waimarino blocks 1910-1930
8 The Native Land Act 1909 consolidated the large body oflegislation affecting Maori land that had been drawn up in the preceding decades. The new Act made the process of land alienation much easier, in line with Prime Minister Joseph Ward's stated policy of purchasing as much Maori land as possible. The 1909 Act did contain a number of restrictions on land alienation that were intended to· protect Maori from becoming landless. These restrictions were to be administered by the relevant Maori Land Board and included the proviso that the board must ensure that any Maori alienating land must retain sufficient land to provide them with a living. No alienation was to be recognised by law unless confirmed by the relevant Maori Land Board. Part XIII of the Act also gave the relevant Native Land Court or Maori Land Board the right under certain circumstances to make it a condition of confirmation of a sale that the purchase money had to be paid to the court or board. The board would hold the money on the vendors' behalf, rather than pay it directly to the vendors. The court or board would then payout money on behalf of the vendors for specific purposes requested by the vendors, provided the court or board approved these purposes. Part XVIll of the Act provided that, for those blocks with more than ten owners, a meeting of 'assembled owners' must be called to
100 vote on whether to accept offers to buy or lease land. No such meeting was necessary for blocks with no more than ten owners but the relevant Maori Land Board had to approve any sale to private purchasers. The Reform Government further changed the composition of the Maori Land Boards, through the Native Land Amendment Act 1913. Under this Act, the judge and registrar of the relevant Native Land Court would together constitute the land board. No land board was required to have any Maori representation on it. Maori had effectively been removed from having any role in the Maori Land Boards. 123
A.s outlined in the chapter two, it is clear that the land legislation from 1909 initiated a wave of land sales in the Waimarino reserves and non-seller blocks. The two decades from 1910 to 1930 were the most significant period of land alienation for the non-seller blocks and seller reserves. It is therefore important to examine why these sales occurred, whether the legislation in place was adequate to prevent Maori from becoming landless and what role the Crown had in the purchase of land from Maori owners.
The Non-seller Blocks
4.3 Waimarino 2: Leasing and sale ofthe block-1911-1926
As outlined above the Maori owners of the Waimarino 2 block lost 355 acres in 1911 through compulsory Crown acquisition for scenery preservation. In the 1910s the Craig family were once again involved with attempts to lease Waimarino 2. Martha Craig had unsuccessfully tried to get a lease for the whole block in 1907, while Martha and Vera Craig both tried unsuccessfully to get leases over portions of the block in 1911. In 1912 Martha Craig, spinster of Wanganui, applied for a lease over 1800 acres of the block lying north of the Kahura Stream. The lease was to be for a term of 42 years, at one shilling per acre for the first 21 years and at a rental of 5% of the government valuation for the second 21 years. In the same year Margaret Ward, married woman, of Oamaru
123 D M Loveridge, 'Maori Land Councils and Maori Land Boards: A Historical Overview, 1900 to 1952', Rangahaua Whanui National Theme K, Waitangi Tribunal, 1996, pp 82-83; A Ward, 'National Overview, Vol 2', Rangahaua Whanui Series, Waitangi Tribunal, 1997, pp 379-381; T Walzl, 'Whanganui Land, 1900-1970', (draft), Crown Forestry Rental Trust, 2000, p 159 101 o D o D applied for a lease under the same tenns for the remaining 1640 acres of the Waimarino 2 o block 124 Both of these leasing proposals were discussed at a meeting of Waimarino 2 owners held on 12 August 1912. The record of the meeting records Taiaha Manihera Hekenui as being D present representing both himself and as trustee for two others. Hekenui Whakarake is recorded as being present as proxy for one other owner and trustee for four others. The n ~ecord goes on to state that Taiaha Manihera Hekenui and Hekenui Whakareke were in fact the same person. It is not clear from the record whether Taiaha Manihera Hekenui n was in fact the only landowner at the meeting or whether those he represented as Trustee were also present, but indications are that Hekenui may have been the only landowner n physically present at the meeting. The Aotea District Maori Land Board representative at the meeting, Tu Kere H Te Anga, was elected as chair and both resolutions for leasing n were proposed and seconded by Hekenui. The meeting voted unanimously to pass both resolutions. The owners represented held only 13/120 of the eight shares into which 8 ownership of Waimarino 2 was divided, yet their decision was considered legally binding. At the time of the vote there were 27 owners listed for Waimarino 2. Five of n these owners held a share each, while the remaining 22 owners held differing proportions of the other two shares. Margaret Ward and Martha Craig's leases for Waimarino 2 were both transferred to Frank Collier, a Wanganui farmer, in 1914. Collier in turn transferred the lease to Frank Lionel Anderson in 1916. 125
On 30 April 1926 a meeting of the owners of Waimarino 2 was called at Wanganui to consider the proposal to sell the whole of the Waimarino 2 block for the sum of £4774 to Josephine Rawhiti Anderson, spinster of Wanganui. The meeting was called under Part XVllI of the Native Land Act 1909. Five owners attended the meeting in person with four more being represented by proxy votes. Between them these nine owners held four
and 97/160 shares in Waimarino 2. The remaining 46 owners who did not attend the
124 Notices of Owners' Meeting Waimarino 2,13 May 1912, Waimarino 2 alienation file MLC-WG 311757, ANZ
102 meeting held the other three and 63/160 shares. Of those present at the owners meeting, Turoa Kahukura held three shares, while Rangiwhakararua held one. Taiaha Manihera
Hekenui, was also among those present at the meeting, holding a 1/60 share and the proxy votes for Te Whareaitu Ngataierua, with a 1/80 share, and for Pare Te Ura, with a 1/60 share. Pei Te Hurunui Jones was the representative of the Aotea Maori Land Board at this meeting. 126
The motion to sell Waimarino 2 to Josephine Anderson was proposed by Turoa Kahukura and seconded by Rangiwhakararua. Eruini Rangirihau pointed out that the block had urupa on it. Hekenui stated that there were two urupa on the block, taking up about eight acres. He offered to point them out to the purchaser to enable her to fence the areas off from grazing stock. Mr Tilley, representing Miss Anderson, gave an undertaking to have II the burial grounds fenced off. With this agreement having been made the owners present voted unanimously to sell the Waimarino 2 block. As can be seen Part xvm of the n Native Land Act 1909 allowed nine out of 55 owners to sell the block on behalf of all the owners. It should be noted though that the shareholders present did in fact have a slight H majority of shares. It is also significant those owners with the most shares were the movers of the motion to sell. Presumably as the major shareholders they would receive the most money from any sale of the land in question, which may have explained their n
strong support for the sale. 127
4.4 Waimarino 3: Partition and subsequent land sales 1907-1930
On 3 June 1907, the Native Land Court sitting at Wanganui heard the application of Para Makarika for the partition ofWaimarino 3. 128 The minute book record of this case stated
125 Minutes of Meeting of assembled owners Waimarino 2, 12 August 1912, Waimarino 2 alienation file MLC-WG 3/1757, ANZ; Schedule of owners, 18 August 1911, Waimarino 2 alienation file MLC-WG 3/1757, ANZ 126 Minutes of the assembled owners meeting, 30 April 1926, Waimarino 2 alienation file MLC-WG 3/1757, ANZ; Schedule of owners, 1 January 1926, Waimarino 2 alienation file MLC-WG 311757, NA Wellington 127 Minutes of the assembled owners meeting, 30 April 1926, Waimarino 2 alienation file MLC-WG 311757 128 The Judge for this session was R C Sim, Te Kanapu Haerohuka was assessor and HRH Balneavis was interpreter and clerk. WMB 3 June 1907 fol289 103
I' D o o D that all 50 owners of Waimarino 3 were either present in person or represented in court. According to Pipa Turei's evidence, the owners of Waimarino 3 had held three days of discussion and agreed to partition the block into 19 smaller blocks. A surveyor had D marked out the borders for each of these partitions. Plans for each of the subdivided blocks were presented to the court, each with a list of the relevant owners. Gregor n McGregor, appearing for the applicant, stated that the borders as worked out for the partitions took account of all the kainga and cultivations in the original Waimarino 3 block. All burial grounds were to be identified by surveyors and placed in reserves. Compensation would be paid to those landowners who had made improvements to areas n of Waimarino 3 in which they would no longer own shares after partition. The owners of the new Waimarlno 3E block also set aside 100 acres to be designated as Waimarino 3T, D to be a block for two Maori who had sold all of their shares in the original Waimarino block and were now landless. Taniwha Ngatapapa was the beneficiary of 40 shares in o Waimarino 3T and Hohepa Kawana was the beneficiary of 60 shares. Te Matahaere Mangemange, an owner in Waimarino 3L, was to act as trustee for Taniwha Ngatapapa B and Te Upotini Te Uu was to act as trustee for Hohepa Kawana. 129 Taniwha Ngatapapa and Hohepa Kawana were, at the time of the subdivision, both described as being 'adults
of considerable age' .130
An explanation as to why the owners of Waimarino 3 opted to partition their block may be found in the application for partition made by A L Arrowsmith, solicitor of Taihape. Mr Arrowsmith, who stated he was acting on behalf of Miriama Haare of Taupo and 'other Natives', applied for partition on the grounds that the block was heavily rated and the owners could not develop it in any way economically until it was partitioned. On a large block such as the 18,350-acre Waimarino 3, with 50 owners, it was very difficult to achieve any agreement on how to develop the land in question. The option of partition made it easier for much smaller groups of owners to make decisions on the development of the smaller areas of land they acquired through the partition process. There is no evidence that the owners of Waimarino 3 considered the option of establishing any form
129 WMB 3 June 1907 fois 289-293
104 of incorporation or other governing structure over the original Waimarino 3 block. A letter from John Chase, licensed interpreter of Raetihi, to the local MHR in February 1910, claimed that the owners of Waimarino 3 had made the decision to partition the block following Prime Minister Seddon's visit to Raetihi in January 1903. According to Chase, Seddon promised Government assistance to the local Maori to develop their land, which encouraged the owners of Waimarino 3 to partition the parent block and individualise ownership of the subdivisions. A group of landowners and their dependants, writing to the Native Minister soon after the partition, expressed their desire to develop n their blocks and to prevent their blocks being acquired by Pakeha. \3l n According to John Chase, within the fIrst year of partition, the owners had cleared and grassed nearly 1000 acres of land in the old Waimarino block. Chase claimed, however, II that work on the block had come to a halt for a time due to anxiety over a number of appeals against the initial decision. Amiria Neha (one of the owners of Waimarino 3D), o Te Wao a Taane and others, submitted an appeal concerning the borders between Waimarino 3C and 3D. They expressed their concern over the location of a burial ground, H over access points to the inland, and over the inferiority of the Waimarino 3D land to that of 3C. The Appellate Court heard the case in September 1908, but declined to make a decision until a surveyor had inspected the area. It was not until April 1910 that J S Porteous, inspected the disputed area, following which some agreement on the borders was eventually reached. J W Davis, the partner in Porteous' surveying fIrm, noted that few people were actually living on Waimarino 3, but that those who were living there were doing considerable work bush felling. He observed few cultivations but noted that Maori farmers were developing sheep and cattle farming. Two appeals were also launched in 1910 over the boundaries of Waimarino 3H and 3J, both of which were dismissed. Despite these appeals it still seems remarkable that, before the Native Land Court hearing, a large number of owners were able to amicably agree to the division of
130 L Craig, for Armstrong, Craig and Barton, to Registrar, ADMLB, 17 Feb 1920, Waimarino T alienation file, 3/1912/374, ANZ 131 Application for Partition, A L Arrowsmith to the Registrar, NLC Wellington, 24 May 1906, WH 388, MA-WANG 7 T2158, NA Wellington; John Chase to (name illegible) MHR, 24 Feb 1910, WH 388, MA WANG 7 T2158, ANZ; Te Pehi te Opetini and others to the Native Minister, 12 June 1907, WH 388, MA WANG 7 T2158, ANZ; WMB 3 June 1907 fols 289-293 105
11 the block into 19 smaller blocks. This indicates there was a strong desire among the majority of the owners to come to a solution to the problems of the structure of land ownership and the development of land. 132
Davis and Porteous carried out the survey of all the subdivisions of the Waimarino 3 block between 1910 and 1911. Included in this survey was the determination of the exact path of the Manganui a Te Ao River, which was of great importance to determining block areas and boundaries. 133 One of the results of partition was that much of the original area of Waimarino 3 was alienated within a very short time period. As shown in the previous chapter, between 1910 and 1920 around 4755 acres of the original Waimarino 3 had been sold, equivalent to about 25% of the original area. By 1930 around another 2336 acres were sold, an extra 13% of the original block area. Thus between 1910 and 1930 around 7091 acres were sold, almost 40% of the original Waimarino 3 block. Some explanations for the large number of land sales over this period are outlined below.
A major factor in land sales was the owners' desire to gain some income off land that was both difficult to farm and distant from major communication and transport routes. With the building of the North Island Main Trunk Railway and the Main Trunk road, along with the decline in importance of the Whanganui River as a transport route, the Manganui aTe Ao increasingly became a backwater. The desire to gain an income plus the necessity of paying rates and survey charges on their land must have been a strong factor in leading landowners to lease and sometimes to sell land blocks. Thus, following the partition of Waimarino 3E in December 1911, the owners of the 691-acre Waimarino 3E2 tried to gain an income and pay the rates for their land by leasing it. The block was leased to Mary Collins in August 1912, for £80 per annum. The rent was soon in arrears with the
132 John Chase to (name illegible) MHR, 24 Feb 1910, WH 388, MA-WANG 7 T2l58, ANZ; H G Seth Smith, President Native Appellate Court to the Chief Surveyor, Wellington, 18 November 1910, WH 388, MA-WANG 7 T2l58, ANZ; J S Porteous to G McGregor, April 6 1910, WH 388, MA-WANG 7 T2158, ANZ; Davis and Porteous to G McGregor, May 19 1910, WH 388, MA-WANG 7 T2l58, ANZ; G McGregor to Davis and Porteous, 24 May 1910, WH 388, MA-WANG 7 T2158, ANZ; J W Davis to the Chief Surveyor, Wellington, 20 June 1910, WH 388, MA-WANG 7 T2158, ANZ; Judgement of the Appellate Court, 23 November 1910, WH 388, MA-WANG 7 T2158, ANZ Plan of proposed subdivision ofWaimarino 3 block, ML 1406A I33 Chief Surveyor to Under Secretary Native Department, 23 June 1910, WH 388, MA-WANG 7 T2158, ANZ; ML 2473 A; ML 2473B 106 a Waimarino County Council suing for unpaid rates, while Mrs Collins denied that she was a in fact the lessee. The lease was subsequently transferred to Edward Robert Beckett. Waimarino 3E2 was partitioned on 5 May 1913, with Whakatihi Tutunui, one of the two a original owners, becoming sole owner of the 345-acre Waimarino 3E2B block. Whakatihi Tutunui sold the Wairnarino 3E2B block to E.R Beckett for £875 in September 1924. It is not clear whether the earlier problems with leasing and paying rates influenced Tutunui's o decision to sell, nor is it clear whether the partition ofWaimarino 3E2 was made with the intention to sell Waimarino 3E2B. The story of Waimarino 3E2 does, however, illustrate o the common themes with Maori land in the Waimarino non-seller blocks and seller reserves, of trouble with leasing, difficulties in dealing with rate payments and the scenario of a lessee eventually buying the area leased.134
The alienation of the 331-acre Waimarino 3E3 block, in 1922, provides an illustration of land sale as a consequence of debt. The block, of 353 acres, was described in a valuer's n report of 1912 as an area of 'good quality', mostly covered in bush, but with 15 acres of fern land. Apart from 20 acres of river flat the remainder of the block was described as H 'broken country'. A road was surveyed up to Waimarino 3E3, but the formed road only came to within seven miles of the block. The sole owner of the block, Te Mare Tauteka, leased the land to Roland Charles Davies in August 1912. In August 1915 the lease was transferred to Edward Robert Beckett. In April 1920, having apparently run up a considerable debt to a local store, Te Mare Tauteka agreed to sell Waimarino 3E3 to Beckett for £1005. This sale fell through in November 1921, with the Aotea District Maori Land Board dismissing the provisional confirmation of transfer, presumably on the grounds that Beckett had failed to pay the whole of the purchase money within the agreed time. Te Mare Tauteka then sold the Waimarino 3E3 block to Robert Jones of Tokaanu for £1005 in March 1922. From the money received for the block, Te Mare Tauteka then paid £963 to the same Robert Jones; to payoff the debt she and her son owed to for goods purchased from his Hotel, General Store and Bakery.135
134 Alienation file 3E2, MLC -WG 3/1912/199, ANZ Alienation file 3E2B, MLC -WG 3/828, ANZ
107 Raina Whitia's sale of the 714-acre Waimarino 3G block in 1919 illustrates a number of other motives behind land sales in Waimarino 3. The existing £800 mortgage on the block was paid off from the sale of the land. Raina used some of the remaining purchase money to buy up shares in the Waimarino Al3C block, in which she already had an interest. She also paid for bush clearing on the Waimarino Al3C block. Raina Whitia, who died in December 1920, was described as 'very old and feeble' and some of the purchase money was used to support her and her daughter's family who looked after her.136 In 1929 Te Rehina Ngatapapa and Toroa Ngatapapa sold their shares in the Waimarino 3L3C block for similar reasons, citing the desire to purchase better land and the need for food, clothing and medicine. 137
The partition ofWaimarino 3 may well have made it easier for many of the landowners to develop their land blocks, as it was easier for smaller groups of owners to make decisions on development and to raise capital to carry these decisions out. The partition also made it much easier for owners to se111and. In a situation where land was the only asset that many owners had, they may often have had little choice but to sell land in order to provide for their most immediate needs. In the case of the isolated and rugged land blocks of the Manganui a Te Ao, land blocks were sometimes sold to raise the capital to develop other more accessible and more productive land blocks.
4.5 Waimarino 5- Partition and Land Sales, Crown purchase of Waimarino 5A4
On 21 July 1905 the Whanganui Native Land Court, Judge W G Mair presiding, granted a partition order for the Waimarino 5 block. 138 Mr Borlase, appearing for the applicant Pukutehi Paturnoana, noted that several earlier applications for partition had already been made, including one in 1904 that was dismissed due to an insufficient number of owners appearing at the Court. He noted that a considerable number of owners were present and maintained that all parties were represented. The Court approved the partition and set out
135 Waimarino 3E3 alienation file, MLC -WG 3/73, ANZ 136 Waimarino 3G alienation file, MLC -WG 311919/124, ANZ, in particular Armstrong, Craig, & Barton to Registrar, 8 March 1920 and Neha Rekarahi to the President, ADMLB, August 1920. 137 Waimarino 3L3C alienation file, MLC -WG 3/3471, ANZ
108 the boundaries and owners of the Waimarino 5A blocks, leaving the finer details of the partition of the Waimarino 5B blocks undefined. On September 15 1905, the details of the owners and the boundaries of the Waimarino 5B blocks were also described and the partition order was made for Waimarino 5. Partition lines were made from east to west to enable all blocks to include a portion of the Mangatiti Valley and have access to the road. Arrangements were made for a township block, which was never developed, and a papakainga block. After a number of objections and appeals the survey of the partitioned blocks was completed in 1911, having been carried out by Messrs Middleton and Smith, n licensed surveyors. The Waimarino 5 partition application appears to have been made on similar grounds to those for the partition ofWaimarino 3; the desire of owners to be able n to develop and make a living off their land blocks, something they could not do with a large communally owned block. The Whanganui minute books note that in 1905 the only o permanent kainga on Waimarino 5 block were located at the mouth of the Mangatiti Valley and along the Whanganui River.139 n Over 80% of the land sales from the original area of Waimarino 5 occurred during the H period from 1910 to 1930, covering a combined area of around 3800 acres. One of these sales was the Crown's purchase of the 425-acre Waimarino 5A4 block, an area that was n declared to be Crown land in September 1920. On 26 March 1917 the Crown placed a prohibition on all alienations, other than to the Crown, ofWaimarino 5A4, along with the 1,583-acre Waimarino 5B2 and the 332-acre Waimarino 5B7 blocks. Why the Crown was interested in these particular blocks is not clear; the few records that have been located at the time of writing provide no explanation for the Crown's interest. Waimarino 5B7 was located by the Whanganui River, while the 5A4 and 5B2 blocks were on the right and left banks respectively of one of the few flat areas along the Mangatiti stream. The Crown may have considered that these areas were potential landing sites for river craft or that the . river flat may have been suitable for farming. The Waimarino 5A4 block may have been seen as a potential route, over the ridge on the right bank of the Mangatiti, into the Mangapurua Valley. Notwithstanding the Crown's underlying motivation, the prohibition
138 The clerk and interpreter for this session was S R East. 139 WMB 53, July 21 1905, fols 59-60; WMB 53, 12 September 1905, fols 209-210, 221-222; ML 2439
109 on private alienation of the three blocks was extended on 11 March 1918 and again, for a further eighteen months on 10 September 1918. The Crown purchased Waimarino 5A4, which was proclaimed as Crown land on 14 September 1920. The Waimarino 5B2 and 5B7 blocks were not purchased by the Crown and remain in Maori freehold title at the time of writing. 140
The 1258-acre Waimarino 5B3 block was sold to Nora Craig in 1913, for a sum of £629. On December 13 1912, when the shareholders meeting to discuss the sale was held, the block officially had eleven owners. One owner, Te Kapeiti te Kahutuanui, who had owned one quarter of the shares in the block, was in fact at this time deceased, but at succession to this owner's shares had yet to be determined at the time of the meeting. Those owners present at the shareholders' meeting were Wi Pauro and Te Pura (Para?) Kahutuanui. G W Currie attended as proxy for Rotohiko Puaro, Tahana Kahutuanui, and Piripi Pauro. The meeting was presided over by Tu Kere Te Anga, the representative of the Aotea District Maori Land Board. Between them these people controlled shares equivalent to ownership over 616 acres of the 1258-acre block. The meeting voted unanimously to accept Nora Craig'S offer for Waimarino 5B3. 141 The 1259-acre Waimarino 5B6B block was sold to Florence Kimber Anderson in two separate transactions. Nine of the owners sold their shares in the land for 35 shillings per acre in 1916. The remaining owner, Tuwhenuaroa Rawiri, sold the shares they held over the remaining 83 acres for £3 5s per acre in 1917. Given that Waimarino 5B6B shared a border with Waimarino 2 it is quite possible that Florence Kimber Anderson was a relative of Josephine Rawhiti Anderson, who bought Waimarino 2 in 1926. 142 Josephine Rawhiti Anderson also purchased 351 acres of the 383-acre Waimarino 5B6Al block for £616, in 1926. Lily Joyce Anderson, wife of Frank Lionel Anderson, bought the remainder of the block in 1929, for £383. 143
140 Waimarino 5A4 alienation file, MLC-WG 3/1918/473, ANZ; Waimarino 5A4 alienation file, MLC-WG 3/1920/523, ANZ 141 Waimarino 5B3 alienation file MLC-WG 3/1912/300, NA Wellington. See in particular List of Owners Waimarino 5B3 and Minutes of Meeting of Assembled Owners Waimarino 5B3, 13 December 1912, both, MLC-WG 3/1912/300, ANZ 142 Waimarino 5B6B alienation file" MLC-WG 3/1917/39, ANZ
110 4.6 Waimarino 6- Partition and land sales
The Native Land Court issued a partition order for the l350-acre Waimarino 6 block on l3 July 19lO. The block was to be divided into six smaller blocks designated Waimarino 6A to 6F. Messrs Dix and Marchant carried out the survey of these subdivisions in 1912. The Whanganui Minute Book records that the partition was 'by mutual consent and arrangement' .144 The Waimarino 6 block was located on easy rolling country with ready access to the main highway and the main trunk railway. The land was a mix of femland o and mixed podocarp-broadleaf forest, with 'good light soil' .145 In 19l3, Hugh Richards purchased the 89-acre 6D block from its sole owner Rangi Taitua for a sum of £260, or n just under £2 19s per acre. 146 In 1914, Maata Tuao, the sole owner of the 426-acre Waimarino 6B, came to an agreement with Annie Baggett Smith and Edward George o Coddington, to sell the block for £1791. This transfer was completed in 1915. Maata Tuao wished to use part of the money from this sale to add four rooms to her house in Taumarunui. This did not prove as easy as she expected as the purchase money was lodged with the Aotea District Maori Land Board. The Board only released the money to H her when they were satisfied with the details of her building project. 147 The only other sale ofland from the Waimarino 6 area during the period before 1930 was Maata Tuao's sale of the 18-acre Waimarino 6F2A block for £76 6s 6d in 1926.148
Although only three land sales occurred during the period in question, the area sold amounted to around 533 acres, or just less than 40% of the original 1350 acres of Waimarino 6. The sale of Waimarino 6B was to have ongoing consequences for the owners of the blocks partitioned out from Waimarino 6A. In 1923 the owners of Waimarino 6Al, 6A2A, 6A2B, 6A2C and 6A3 sought to develop their land by getting access to the Piriaka road, but were separated from the road by Waimarino 6B. The Waimarino 6A owners wanted to put a road line over Waimarino 6B, which was owned as
143 Waimarino 5B6Al alienation file" MLC-WG 3/3801, ANZ 144 WMB 62, 13 July 1910, fols 205-206 145 ML 1369 146 Waimarino 6D alienation file, MLC-WG 3/1913/94, ANZ 147 Waimarino 6B alienation file, MLC-WG 3/1915/24, ANZ. See in particular, letter President ADMLB to J F Strang, solicitor, 19 September 1916.
III o o o D European land by Annie Beggett Smith and was farmed by her and her husband Charles Phillip Smith. Maori had formerly used a track that crossed Waimarino 6B but in the o early 1920s the Smiths had denied the owners of the Waimarino 6A blocks access to Waimarino 6B. It appears there was some history of disputes between the Smiths and o Tanga Taitua, the owner of Waimarino 6A3. The Smiths opposed the building of a road through their property on the grounds that it would cut their property in two, upset their scheme of subdivision, necessitate the building of 70 chains of fencing and open their D property up to a greater threat from noxious weeds. The Government Valuer, Robert Cole, supported the Smiths' arguments and added that he believed that local Maori did o not keep their dogs under control and that Maori access to Waimarino 6B would place the o Smiths' stock at risk. 149 After the Waimarino 6A owners lost a case in the Magistrates Court over the road issue, Tanga Taitua applied for road access through Waimarino 6B under section 13 of The Native Land Amendment Act 1922 and section 49 of the Native Land Amendment Act ,·0 1913. After months oflitigation in the Native Land Court, followed by an appeal by the Smiths, a compromise was finally reached where the Smiths agreed to a road along the northern boundary of Waimarino 6B. This road would enable the owners of the Waimarino 6A blocks access to the Pariaka road without crossing through the middle of the Waimarino 6B block. While the case of the Waimarino 6B road was a relatively small affair, it illustrates the problems and strains between landowners that could arise once a
block was partitioned and parts of it sold. 150
148 Waimarino 6F2A alienation file, MLC-WG 312113, ANZ 149 Letter J G Gordon, solicitor, to the Clerk of the Aotea NLC, 8 October 1923, WH 526, MA-WANG 7 T2158 ANZ; Sworn Statement of Robert Bell Cole, Valuer, to the NLC , Kakahi, 7 February 1924, WH 526, MA-WANG 7 T2158, ANZ 150 NLC record of Application to lay off road access, Piriaka, 26 January 1924, WH 526, MA-WANG 7 T2158, ANZ; Extract from Tokaanu Minute Book 19, 7 February 1924, fols 207-212, WH 526, MA WANG 7 T2158, ANZ;Order for a roadline from Aotea NLC, 7 February 1924, WH 526, MA-WANG 7 T2158, ANZ; Letter ET Stewart to the Registrar, 22 May 1924, WH 526, MA-WANG 7 T2158, ANZ 1 112 ----~--~--~------"------.~ .. ---~------~ 0 n Table 8: Waimarino non-seller blocks sold by 1920 (1899-1920) n 0 n n McCrae Waimarino 13a 2r Op 1918 £17610s Jane Elizabeth 3K2Bl Pt Beckett Waimarino 1920 £351 15s William 3Ml n Waimarino 1918 £4675s 3N1B Pt Waimarino 30 713a 1r 33p 1912 £1150 John Campbell Gibbons D Waimarino 3P 359a 1r 5p 1912 £2755s John Campbell Gibbons Waimarino 3Q 361a 3r 7p 1912 £550 Peter Chapman H Waimarino 3R 363a 1910-1912 £570 n Waimarino 3S 119a3r 2p 1918 £184 3s 4d Pt 179a 3r 17 1919 £2765s Waimarino 3T 99a 3r 30p 1920 £175
Waimarino 4B2 1911 Crown Pt 1912 (compulsory purchase)
113 1
11 D D D
D Table 9: Waimarino non-seller blocks and shares sold
Waimarin02 3640a 1926 £4774 Josephine Rawhiti 0 Anderson Waimarino 3E2B 345a 3r 29p 1924 £895 Edward Robert Beckett D Waimarino 3E3 341a 2r 15p 1922 £1005 Robert Jones Waimarino 3Hl 232a lr Op 1923 £250 for Henry Merson n Pt* 116aOr Waimarino 3H2 171a 1r 5p 1922 £9044s 6d Henry Merson Pt* Waimarino 73a3r24p 1923 £395 lOs Jane Elizabeth 3K2B2 Pt* Beckett Waimarino 531a Or 38p 1923 Jane Elizabeth 3K2B3 Beckett 0 Waimarino 3Ll 405a2r 37p 1925 £132216s Henry Richard Pt* 6d Pike Waimarino 3L2 100a 1923 £900 Henry Richard n Pike Waimarino 3L3A 41a 2r 27p 1924 £400 16s 9d Henry Richard Pike B Waimarino 3L3C 30a 3r 26.6p 1930 £337 6s 8d Henry Richard Pt* (partitioned out Pike n Waimarino 3NIB £4675s Pt* Waimarino 3S Pt* 89a 3r29p £185
174a lr 23p 1923 Crowe 37a lr 1 1924 £37 7s 2d Jean Crowe Waimarino 351a 2r 15p 1926 £616 Josephine Rawhiti 5B6A1 Anderson 31a 3r 33.3p 1930 £5519s Lily Joyce Anderson Waimarino 406a 3r 17p 1926 £750 Josephine Rawhiti 5B6A2 Anderson
*Shares equivalent to this acreage purchased but not partitioned out. In the case of Waimarino 3K2B2, it is not clear that the area in question was actually sold;
j 114 The Seller Reserves 4.7 Waimarino A- Partition and sale
The Waimarino A block was a seller reserve of 14,850 acres (6010 hectares), set aside in 1895 for 367 owners. On 3 July 1907 the Waimarino A block was partitioned into the smaller blocks Waimarino Al to All. The partition may have been carried out for similar reasons to the partition ofWaimarino 3, in order to make development of smaller sections of the original block easier, but the Native Land Court minutes give no indication of the reasons behind the partition. While the Court's partition order was made in 1907, it appears that the first survey of the Waimarino A subdivisions was not made until around
151 1919. D An Order of Council, on 10 July 1916, prohibited all private alienations ofland from the following blocks for one year from 13 July 1916: Waimarino AI, A3, A5, A7, A8, A9, All, Al3A, Al3B, Al3C, All. These restrictions were removed by Orders of Council from Waimarino All in October 1916 and from Waimarino A5 and A13C on 5 June H 1917. It is not clear why the Crown imposed these restrictions on the blocks in question. 152
From 1919 through to 1930 landowners sold around one third of the original area of Waimarino A. One of the largest land sales within the area of Waimarino A block was n that ofWaimarino A12, an area of 1205 acres. The block was leased to William Coffin, a 'half caste native' , under a 42-year lease from November 1912. Coffm began felling
timber on the block in order to clear land for farming. 153 In 1917 Coffm proposed to buy the block for £2 per acre. A meeting of assembled owners held on 10 September 1917 rejected the resolution that Waimarino Al2 be sold to Coffin. The only owner present at this meeting was Henare Piripi, who represented himself and had the proxy votes for five
lSI WMB 56, 1 July 1907, fols 13,23-25; CT 235/100 Waimarino A; ML 3423/1-3423/5 152 CT 2351100 Waimarino A. 153 Memo J B Jack and Albert Barnes, ADMLB, Wanganui to Under Secretary, Native Department, 8 September 1913, Waimarino A12 alienation file, MLC-WG 3/1918/230, ANZ 115 ] o o o D other owners. 154 Following this decision Coffin agreed to transfer the lease of Waimarino Al2 to Jane Elizabeth Beckett. Mrs Beckett then proceeded with her own attempt to buy o the block for £2406. At a meeting of assembled owners held at Wanganui on 26 September 1918, 11 owners holding 433 113 shares voted in favour of the sale, while five owners holding 200 shares voted against it. It appears that there were only in fact two o owners physically present at the meeting. Te Tho Wiari attended with the proxy votes for ten other owners, all of whom voted with him in favour of the resolution, while Honoria o Maraea, attended with the proxy votes for four other owners, including Henare Piripi, all of whom voted against it. 155 All five of the owners who voted against the resolution later o wrote to the President of the Aotea District Maori Land Board withdrawing their objections to the resolution. It is not clear why Mrs Beckett succeeded where William u Coffin had failed, especially given that they both made similar fmancial offers for the block. Decisions regarding whether to sell land appear to have depended largely on who n attended the assembled meetings of owners and who was organised enough to get their proxy votes in. Again it can be seen that the law allowed a minority of owners to vote to H alienate land belonging to a much larger group. In the case of Waimarino A12, eleven owners with 433 1/3 shares could alienate land that belonged to over 35 people with 1225 u shares. 156
As with Waimarino 3 a variety of reasons can be ascertained to explain some of the land sales. The owner of the 265-acre Waimarino Ale block, Ngawai Maehe (also known as Ngawai Waianihia, sold the land in 1919 to her nephew, Reimana Tuatini, who was the sole owner ofWaimarino AlB. Ngawai wanted to help her nephew, a returned soldier, to establish himself as a farmer. Reimana Tuatini also purchased 95 acres of Waimarino AID from Moetu Te Angi and Hiko Te Rakeiwaho in 1919. Moetu Te Angi stated her reasons for selling her interests when she applied to the Aotea District Maori Land Board
154 Minutes of the meeting of assembled owners of Waimarino A12; September 10 1917, Alienation file Waimarino A12, MLC-WG 3/19181230, NA Wellington. Henare Piripi represented himself and Pehira Kingi, Tengu Kingi, Noari Maraea, Honoria Marae and Makarena Utaroa. The ADMLB representative, Tukere Te Anga was elected chairman of the meeting. IS5 Minutes of the meeting of assembled owners ofWaimarino A12, September 261918, Waimarino A12 alienation file, MLC-WG 311918/230, ANZ. 156 Waimarino A12 alienation file, MLC-WG 311918/230, ANZ; Partition OrderWaimarino A12, 3 July 1907, BOF WH 489/12, Aotea MLC, Wanganui. 116 a D I for the balance of the purchase money the Board held for her. She said that she and her a husband. wanted the money to buy stock, pay the lease on a block of fann land at Paetawa and purchase the lease on an area of land at Te Tuhi. Clearly Moetu and her husband saw o these areas as being a better option for farming than the land she owned at Waimarino AID. It appears that Reimana Tuatini's efforts to farm on Waimarino AlB, Ale and AID were ultimately unsuccessfuL Reimana Tuatini took out a discharged soldiers loan o in November 1922, mortgaging Waimarino AlB along with the shares he held in Waimarino AlA, to the Crown do so. On 25 September 1930 the title over Waimarino o AlB and Tuatini's shares in Waimarino AlA were transferred to the Crown. It seems likely, given the dates when the events described occurred, that Reimana was one of the o many victims of the 1930s depression and lost his lands accordingly.157 o 4.8 Waimarino CD- amalgamation, partition and sales o The Waimarino C reserve had originally been set aside for 65 owners identified as members of the Ngati Hinewai and Ngati Whati hapu. The adjacent Waimarino D reserve H was set aside for 43 owners identified as members of the Ngati Tukaiora hapu. In 1910, Kahu Karewao and 12 others petitioned Parliament. They complained that some of the kainga ofNgati Hinewai and Ngati Whati, which should have been located in Waimarino C, had in fact been placed in Waimarino D. This petition led to an inquiry by the Native Land Court in 1911. Following this inquiry a vesting order was made under clause C, section 5 of the Native Land Claims Adjustment Act 1911. This order carried out at hearing at Taihape on 19 March 1912, where the two blocks were combined as the 4540- acre Waimarino CD block. This block was immediately partitioned into Waimarino CD 1, CD2 and CD3. Waimarino CDl, an area of 1389 acres, was divided between 36 owners. Waimarino CD2, an area of 1413 acres, was divided between 70 owners, and Waimarino CD3, an area of 1747 acres, was divided,between 45 owners. In none of these cases was
157 Waimarino AlB, A1C, AID alienation file, MLC- WG 3/162, AN2:; Waitnar:in.o AlP alienation file, MLC-WG 3/92, ANZ 117 J o D
the hapu affiliation of the owners given. The survey of Waimarino CDI, CD2 and CD3 was carried outbyW C Wall in 1912.158 D The owners of Waimarino CD lost from Maori title around 4320 acres of the original D Waimarino CD by 1930. Just over 3745 acres had been sold by 1920, along with a further 210 acres taken by the Crown for scenic reserves and roading. In all of the cases where blocks had land set aside for scenic reserves, that land was excluded from any sales o agreement. Waimarino CDI was partitioned into Waimarino CDIA, CDIB, CDIC, CDID, CDlE, CDIF, and CDIG at the 31 May 1912 sitting of the Native Land Court in o Wanganui. By 1921, Waimarino CDID and CDIG were the only parts of the original Waimarino CD 1 that remained in Maori title. The record available gives little detail of the n majority of these sales. The case ofWaimarino CDIG is, however, well documented. The record shows that a number of sellers appear to have sold land with the desire to get capital for other ventures and to payoff debts. Rangitotohu Turaki, sold her shares over fifty acres of the 403-acre block. Rangitotohu gave as her reasons the need to pay her H fathers funeral expenses and the desire to develop her land block, Puketiti 5, near Te Kuiti. Haunoni Te Kakewaho used some of the money from selling his shares in the land to purchase cattle. Paiaka Te Iringa, a returned soldier, wished to use the money from the shares he sold in order to buy a car and start a taxi business. In this case the Aotea District Maori Land Board refused to release the funds to Paiaka for this purpose. Paiaka was later able to get the balance of the money held for him by the board, in order to
purchase twelve COWS.159 By 1921, the owners ofWaimarino CDIG had sold 335 shares out of 409, to three separate Pakeha buyers. In September 1921 Waimarino CDIG was \' partitiohed with the 73-acre Waimarino CDIGI going to the four remaining Maori
owners and the 330-acre Waimarino CD 1G2 going to the three Pakeha buyers. 160
ISS Extract from NZ Gazette and Kahiti, 13 April 1911 in BOF WH 492 vol 1, Aotea NLC Wanganui WMB 62, 19 March 1912 foI89-95, 20 March 1912, foI100-108; ML 2453 159 Somerville, Cook and Co to Judge Acheson, Aotea Native Land Court, 15 July 1920, Waimarino CDIG alienation file, MLC-WG 3/1920/220 ANZ; Haunoni Ie Kakenoni to President Aotea District Native Land Board, 22 September 1921, MLC-WG 3/1920/220 ANZ; Judge Acheson to Registrar, Aotea Native Land Court" 14 October 1921, MLC-WG 3119201220 ANZ 160 Partition Order Waimarino CDIGl, 5 September 1921, BOFWH 492 vol 2, Aotea MLC Wanganui; Partition Order Waimarino CD 1G2, 5 September 1921, BOF WH 492 vol 2, Aotea MLC Wanganui 118 .~-- -~-----
The sale and subsequent mortgage of Waimarino CD1A in 1913 and 1914, illustrates some of the pitfalls that could occur in the process ofa land sale. In 1913, several owners ofWaimarino CD1A transferred their land to Walter Thorp, a licensed interpreter, at an agreed price of 30 shillings per acre. The Aotea District Maori Land Board confirmed this subject to receipts for the purchase money being produced to the board. Thorp o arranged the delivery of the receipts showing he had paid the full purchase amount and the, board confirmed the transferral of the land in question. Thorp then attempted to mortgage the block to A Hatrick and Co in order to secure a loan. The fact that Thorp was o a 'half-caste native' meant that the mortgage could not become legal until the Aotea District Maori Land Board had arranged an Order-in-Council approving it. In the process of reporting on whether the application for the mortgage should be approved, the ADMLB discovered that Thorp had not paid all the money he claimed to the blocks n owners. Instead it appeared that Thorp had submitted fraudulent receipts to the board. Thorp in the meantime was declared bankrupt, leading Hatrick and Co to try and get the n mortgage A further investigation by the board showed that Thorp had paid cash and goods to the value of £184 to the Waimarino CD lA owners but still owed them £408 lOs. H Following this investigation Hatrick and Co paid the money in question to the owners and an Order in Council was issued permitting Waimarino CD IA to be mortgaged to the n Company. Thorp was prosecuted and convicted on two counts of fabricating evidence. He was sentenced to 12 months hard labour. 161
The entire Waimarino CD2 block was sold to Harry Hunt after a meeting of assembled owners on 22 June1912. Eleven owners or trustees were represented at the meeting and nine voted to sell the land in question. Six additional owners wrote to the President of the Aotea District Maori Land Board to express their desire to sell their interests in Waimarino CD2. Hunt was the lessee of the old Waimarino D block, with the exception of a kainga area on which some of the Waimarino C owners lived. The agreement to lease
!6! Report of the ADMLB into Waimarino CDlA, 9 July 1914, Waimarino CD1A alienation file, MLC WG 3/19141102, ANZ; Unnamed ADMLB official to Under Secretary Native Department, 2 November 1914, MLC-WG 3/1914/102; Minutes of Meeting between Waimarino CDlA owners and W Thorp, 30 March 1915, MLC-WG 3119141102, ANZ; Memo W S Fisher, Official Assignee in Bankruptcy, to the President Aotea District Maori Land Board, 13 April 1915, MLC-WG 3/1914/102, ANZ; Crown. Solicitor to Registrar Native land Court, Wanganui, 9 June 1915, MLC - WG 3/1914/102, ANZ 119 Waimarino D to Hunt, made in October 1910, may have been the event that sparked of the petition to redraw the boundaries of Waimarino C and Waimarino D. The final transfer of Waimarino CD was not completed until August 1913, as Hunt delayed his payment of the purchase money for over a year, much to the chagrin of the sellers. 162
The documentation for the sales of the Waimarino CD3 blocks gives little information on the transactions involved. The only well-documented sale was that of Waimarino CD3G. In a series of transactions Charles Burdon Buxton, an Auckland farmer, acquired the shares for all of Waimarino CD3G, other than the area designated for scenery preservation. The area Buxton purchased amounted to 350 acres and the sale was confirmed in August 1914. Before the land was transferred to Buxton, one of the owners, Ngareta Waiora also known as Papatere te Kome, wrote to the Aotea District Maori Land Board complaining that she had not been paid the full amount for her land. She also noted that the Crown had taken the best land for scenic reserves, thereby ruining the access to the rest. She cited this as the reason behind her agreement to the sale to Buxton. Ngareta stated that she had only received £40 of the £55 owed her by Buxton and wanted a caveat placed on the transfer of the land until Buxton paid the full amount. 163 Buxton believed that Ngareta was simply trying to defraud him and stated 'Ngareta is like many other Natives ofNZ, not to be trusted round the first comer, and I am not surprised by her latest move,.164 On investigation the Board concluded that the disputed amount had been paid to Ngareta Waiora and announced they would allow the transfer to go ahead. The transfer occurred in August 1915. 165 Ngareta continued to deny having received the amount in question, until her death in 1917. N gareta Waiora had earlier been the victim of a fraudulent transaction carried out by Walter Thorp, for which he had been prosecuted at the same time as his prosecution for the Waimarino CD 1G case. This experience may
162 Waimarino CD2 alienation file, MLC-WG 3/1910/192, ANZ 163 Receipt for deed and certificate of confirmation, Waimarino CD3G alienation file, MLC-WG 3/1913/321, ANZ; Ngareta Waiora to the President Aotea District Maori Land Board, 13 January 1915, MLC-WG 3/1913/321, ANZ; Ngareta Waiora to the President Aotea District Maori Land Board, 25 January 1915, MLC-WG 3/1913/321, ANZ; Ngareta Waiora to the President Aotea District Maori Land Board, 1 June 1915, MLC-WG 3/1913/321, ANZ 164 CB Buxton to WG Somerville,24 May 1915, Waimarino CD3G alienation file MLC-WG 3/1913/321, ANZ 165 Land Transfer Search Form Waimarino CD3G, BOF Waimarino CD WH 492 vol2, MLC Wanganui President Aotea District Maori Land Board to Ngareta Waiora, 8 June 1915, MLC-WG 3/1913/321, ANZ
120 D n o have led N gareta to believe she had been defrauded a second time. Whatever the truth of o the matter, she was unable to prove her case to the satisfaction of the Aotea District Maori Land Board. 166 n As mentioned above there is little evidence as to why the owners of the Waimarino CD blocks seem to have been so keen on selling their land. One factor that was mentioned in o Ngareta Waiora's case was the creation of scenic reserves restricting access to land from the Whanganui River. This researcher did not find sufficient documentation nor have o enough knowledge of the riperian geography of Waimarino CD to judge how important this factor was. It should be noted though that on all the Waimarino CD blocks there were o either only a few occupants or none. It appears that the owners who sold their blocks regarded the blocks more as an asset to be sold to raise money for other ventures or to o pay debts than as areas they wished to occupy and make a living from. o 4.9 Waimarino E: partition and sale H The 4060-acre Waimarino E bock was partitioned into 15 smaller blocks on 3 July 1907, at the request of the owners and without objection. H P Hanify carried out the survey of these subdivisions in 1914.167 By 1925, all of Waimarino E block had been sold. The sawmiller David Gardner and other members of his family bought up the majority of the u blocks during the period from 1916 through to 1924. The Gardners appear to have been keen to gain access to the timber felling rights on the Waimarino E blocks. Between 1907 and 1909, David Gardner, together with his brothers Percival Gardner and James William u Gardner, acquired leases or timber felling rights over 10 out of 15 of the Waimarino E blocks, an area of approximately 2340 acres. Between 1916 and 1924 David Gardner bought the Waimarino EIB, E2A, E3, E4A, E4B, E5B, E6A, E6B, E8, E12 blocks. James William Gardner bought the E7B block, Alice Mary Gardner bought the E7A block and [] U
166 Clipping NZ Herald, June 5 1915, in WaimarinoCD3G alienation file, MLC-WG 311913/321, ANZ 167 ML2730
121 Percival Gardner bought Waimarino E9, E10 and Ell. These blocks combined covered an area of approximately 2700 acres. 168
Of the remaining Waimarino E blocks Mawake Edward Grace bought Waimarino E1A, a block of 98 acres, in 1917 and Robert Jones bought Waimarino E2B, a block of 49 acres, in 1916. Between 1919 and 1921, the sawmilling firm of McLeod and Gardner, owned by David John McLeod and Charles Gardner, bought Waimarino E5A1, E5A2 and E14, an area totalling approximately 565 acres. Charles Gardner may have been a relative of the Gardners who bought up most of Waimarino E, but there is no indication in the block records that he was collaborating with them commercially. The sawmilling firm of Manson and Clark bought the remaining two blocks, Waimarino E13 and E15, totalling
around 590 acres. 169
The alienation records of Waimarino E do not give a great deal of information as to the reasons behind the apparent eagerness to sell land among the owners of the Waimarino E blocks. One owner of Waimarino E3, Te Keepa Puataata, used his share of the sale money to payoff his debts to the storekeeper Robert Jones of Tokaanu. This may be the same Robert Jones who bought Waimarino E2B. In the case of Waimarino E5A2, Pitiera Te Huri, owed money McLeod and Gardner, to whom he and Pine Te Hinairo sold the block in question. 170
168 Waimarino El alienation file, MLC-WG 3/1907/243, ANZ; Waimarino ElB alienation file, MLC-WG 3/1917/594, ANZ; Waimarino E2A alienation file, MLC-WG 3/19211320, ANZ; Waimarino E3 alienation file, MLC-WG 3/914, ANZ; Waimarino E4 alienation file, MLC-WG 3/1914/184, ANZ; Waimarino E5B alienation file, MLC-WG 3/19141185, ANZ; Waimarino E6A alienation file, MLC-WG 3/6, ANZ; Waimarino E6B alienation file, MLC-WG 3/150, ANZ; Waimarino E7 alienation file, MLC-WG 3119081179, ANZ; Waimarino E7A alienation file, MLC-WG 3/91 NA Wellington; Waimarino E7B alienation file, MLC-WG 3/1914/186, ANZ; Waimarino E8 alienation file, MLC-WG 31148, ANZ; Waimarino E9 alienation file, MLC-WG 3/1497, ANZ; Waimarino EI0 alienation file, MLC-WG 3/1498, ANZ; Waimarino Ell alienation file, MLC-WG 3/200, ANZ; Waimarino E12 alienation file, MLC-WG 3/540,ANZ 169 Waimarino EIA alienation file, MLC-WG 3/19171159, ANZ; Waimarino E2B alienation file, MLC-WG 311908/82, ANZ; Waimarino E5Al alienation file, MLC-WG 3/1920/631, ANZ; Waimarino E5A2 alienation file, MLC-WG 311915/291, ANZ; Waimarino E13 alienation file, MLC-WG 3/1920/503, ANZ; Waimarino E14 alienation file, MLC-WG 3/1919/164, ANZ 170 Te Keepa Putaata to G Gardner and Sons, Hukapapa, 27 June 1916, in Waimarino E3 alienation file, MLC-WG 3/914, ANZ; C Gardner to President Aotea District Maori Land Board, 27 November 1916, Waimarino E5A2 alienation file, MLC-WG 3/1915/291, ANZ 122 o n o n 282a 2r for £357, 22a 2r for 30s per acre Waimarino CD3B 199a 3r 23p 1913-19 n Bartholomew, J McLeod Waimarino CD3C 50a Or 1Sp 1914 £75 WH,&AH Wackrow&ID Bartholomew H
u
Waimarlno El4 441a 2r 17p 1919 £1324 15s lId David John McLeod & Charles Gardner
123
11 D o o D o D o o n
H Waimarino E8 49a Or 1 1921 £490 294a lr 1921 £662 8s 3d Waimarino E9 138a lr 19p 1924 £2352s2d Percival Gardner (+ £417 2s for timber) 34a3r 1926 £2668s Waimarino ElO 141a 3r Ip 1924 £315 8s 8d Percival Gardner (+£567 lOs timber) £33 Waimarino Ell Percival Gardner
Waimarino E12 David Gardner
u
124 a D a
4.10 A summary of factors behind the sale of lands o
It is not possible to decipher all the factors that facilitated the large number of land sales o that occurred in the Waimarino blocks between 1910 to 1930. Nevertheless the brief summary of sales activities outlined above provides a number of examples of the n different factors encouraging land sales. In Waimarino 2, a numerical minority of owners, holding a majority of the shares, were able to vote to sell the block. The fact that two of n these owners held half the shares in the block may well have encouraged them to sell as they stood to gain more financially from the sale than the other owners. On the other n hand the difficulty of agreeing among 55 owners on how to develop the block was probably another factor that encouraged the sale. The 1909 Native Land Act allowed that o five people present or represented at a meeting of assembled owners constituted a quorum and that a vote was carried if those voting in favour owned a higher value of shares than those voting against. 171
In contrast to those cases involving shareholder voting, another important factor in the H sale of land in the Waimarino blocks was the fact that the Native Land Act 1909 allowed the sale of a block with less than ten owners to occur without a meeting to vote on sale. The level of partitioning in the Waimarino blocks meant that many blocks had less than ten owners and often only one or two. This made the purchase process easier for the buyer as there were only a small number of people to deal with. The landowners often did not live on the blocks in question, which probably made them more inclined to sell.
The problem of paying rates on land was a factor that led some owners to lease their blocks and others to sell them. For some owners their land blocks were a drain on finances, as the land was rated by local bodies, while providing little opportunity for economic development due to factors such as multiple ownership, rugged landscape or geographical isolation. l72 One owner argued that the establishment of a scenic reserve
171 Waimarino 2 alienation file, MLC-WG 3/1757, ANZ 172 Waimarino 3E2 alienation file, MLC -WG 3/1912/199, ANZ; Waimarino 3E2B alienation file, MLC WG 3/828, ANZ 125 J
t I D D D had blocked access to their land. For many of the landowners their land blocks were the only asset which they could turn into cash. This factor encouraged them to sell their land o when cash was needed. A number. of cases are mentioned above of people selling their land in order to payoff debts. One person wanted money to build extra rooms on to their house. Others gave as their reasons for sale the need to purchase food, clothing or D medicine and to provide for the care of elderly relatives. A common reason given for selling land in the Waimarino blocks was to provide the capital for developing other areas n of land or for launching other business ventures. Examples of this were the selling of land to pay for clearing other areas, for the purchase of cattle and in one case, the intention to buy a car and set up a taxi business.
o 4.11 Conclusion- The Alienation of land in Waimarino in a nation wide context n 1910-1930 The period between 1910 and 1930 saw the most extensive sales of land from the B Waimarino seller reserves and non-seller blocks in the entire history of the blocks in question. Around 16,700 acres, (over 40% of the original area), were sold from the non seller blocks and around 21,600 acres, (about 66% of the original area), were sold from the seller reserves. The most intense period of sale was in the period 1910 to 1920 when around 9,900 acres (24%) of the non-seller blocks were sold and around 18,100 acres (55%) from the seller reserves. The exact figures on Maori land loss throughout the Whanganui area in the period 1910 to 1930 were not available at the time of writing. It is however clear that in the Whanganui in general, as reflected in the Waimarino blocks, these two decades were a period of continued major land loss. According to Cross and Bargh, Whanganui Maori in 1930 still owned approximately 250,000 acres, compared with around 500,000 acres in 1907. Katene shows that 290,074 acres were sold in the
Aotea District , in the period 1912 to 1921. 173
The trend in land sales in the Waimarino blocks over 1910 to 1930 matches the national trend in Maori land sales throughout the same period. Loveridge and Ward both point out
I73S Cross & B Bargh, 'The Whanganui District. Rangahaua Whanui 6', 1996, P 113; Katene, p 310 126 D 8 that the period in question was one of rapid land alienation, on a scale that matched the D alienations under the Liberal Government in the 1890s. The Native Land Act 1909 and its later amendments made purchase of Maori land by private buyers or the Crown D relatively easy. In fact both Ward and Loveridge argue that the system established by these Acts operated largely to alienate rather than protect Maori land. The large scale of land loss occurring in the period 1910 to 1930 does tend to provide support to the D arguments of Loveridge and Ward, that the laws of this time failed to prevent Maori land loss, but instead facilitated land sales. 174 n o o
H
174 Loveridge pp 123-133; Ward pp 394-396
127 o o D D Chapter Five: The Alienation History of the Waimarino Reserves and Non-Seller o blocks 1930 to the present o 5.1 Introduction This chapter continues the story outlined in chapter four, examining the alienation history n of the Waimarino reserves and non-seller blocks from the 1930s onwards. Once again, the chapter does not examine the history of Waimarino 4, Waimarino B, Waimarino 8 and o Waimarino F, which are dealt with in later chapters. This chapter examines private alienations and the process of Europeanis ation, a major cause of the removal of land from Maori title in the 1960s. The chapter focuses to a large extent on the late 1960s, as the n largest number of alienations since the 1920s occurred during this period. In particular this chapter looks at the impact on the Waimarino blocks of the Maori Affairs n Amendment Act 1967 and the resulting process of 'Europeanisation' of Maori land.
B 5.2 The Waimarino blocks from 1930 to 1960
By 1930, twenty years of land sales had left only the Waimarino 3, 4, 5, 6 and A blocks with any substantial areas still in Maori title. The 1930s saw few land sales of Maori land in the Waimarino blocks. This was no doubt a result of the depression where few people would have been wanting to risk money buying up land in the marginal areas where most of the Waimarino blocks were located. One landowner who appears to have been badly affected by the depression was Reimana Tuatini. He owned the Waimarino AlB block through succession to Maori land and had bought the AIC and AID blocks, along with two thirds of the shares in Waimarino AlA. Altogether this was a total of 639 acres. Reimana Tuatini, a returned soldier had mortgaged this land to the Crown, to raise the finances to develop the land. It appears he was unable to pay back this loan and in 1930 the Crown gained possession of his land.175
175 CT 295163 Waimarino AlA; CT 295/64 Waimarino AlB; CT 295165 Waimarino AIC; CT 295/66 Waimarino AiD; Waimarino A13 BOF WH 489/13 Aotea MLC 128 There were only four other blocks of Maori land that were sold from the Waimarino in o the 1930s. Rupert Symes bought the 270-acre Waimarino A13C, in three separate sections in 1930, 1931, and 1938. Phillip Devereux Smith bought the Waimarino 6FI and o 6F2B blocks, with a combined area of20 acres, in 1934. John Braithwaite bought the 7- acre Waimarino 6Cl block in 1936. 176 o The 1930s depression and the departure of men for the Second World War contributed to a decline on the already marginal farming going on in the Mangatiti Valley, the location n of the Waimarino 5 blocks. The Mangatiti road, which was the only source of access to most of the Waimarino 5 blocks, had been subject to considerable deterioration due to o major floods in 1940 and 1941. In May 1942 Cabinet made the decision that the Government would cease to maintain the Mangapurua and Mangatiti roads. Following o this decision the Public Works Department announced that it could not guarantee keeping the Mangatiti road open after 31 January 1943. Between 1932 and 1934, W S Johnston had leased all or part of the Maori owned Waimarino 5Al, 5A2, 5A2A and 5B2B blocks. By the early 1940s, Johnston had transferred the leaseholds to W J West. With the Public H Works' announcement, West now sought to abandon his leases as access to the blocks in question would be cut off. The Commissioner of Crown Lands agreed to the abandonment of the leases. By March 1945, safe road access to the upper Mangatiti Valley was largely cut Off.l77
Ironically, the lack of road access to the Waimarino 5 blocks may have been an important factor in their retention by Maori owners, as the blocks were not desirable for development. Of the original non-seller blocks and seller reserves, the Waimarino 5 block has retained the greatest proportion of its original area in Maori freehold title. Just over 60% of the Waimarino 5 block land is held in Maori title at the time of writing.
176 Waimarino 6C1 alienation file, MLC-WG 3/5147ANZ; CT 157/205 Waimarino 6F; Waimarino Al3C alienation file, MLC-WG 3/5516, ANZ 177 A H Featherstone, Field Inspector, to Commissioner of Crown Lands, 27 March 1945, Waimarino 5, WH 389 vol 1, MA Wang 7, Micro 2158, ANZ; L J Brooker, Memo to District Office, Wellington, 22 May 1945, Waimarino 5, WH 389 vol 1, MA WANG 7, T 2158, ANZ; Commissioner of Crown Lands to Judge Dykes, NLC, Wanganui, 17 July 1945, Waimarino 5, WH 389 vol 1, MA WANG 7 T2158, ANZ; E C Allen. In the Hills ofWaimarino: The Human Story.ofthe Development ofa District,.Wanganui, 1984, pp 181-182,192-194. ' 129 u D o o D The 1940s and 1950s were another quiet period for land sales in the Waimarino reserves o and non-seller blocks. The 147-acre Waimarino A2 block was sold to the Makotuku Timber Company in 1942. The 30-acre 3L3C2 block was partitioned out in 1947, then o transferred to H R Pike in 1950. Waimarino 3E2A, a block of 345 acres was sold in 1955. The 294-acre Waimarino A3 block was sold in 1956 and the 378-acre Waimarino A4 block was sold in 1958. It appears that the 36-acre Waimarino 6A2B was sold in 1955 o and the 73-acre Waimarino 6A2A block was sold in 1956. Both were sold to James Osbome Mackay and Robert William Mackay. In both cases the transfer of the blocks n was not recorded on the relevant certificates oftitle until 8 June 1960. 178 o 5.3 The sale of Waimarino reserves and non-seller blocks in the 1960s and early D 1~70s The 1960s and 1970s witnessed a renewed period of land sales from the Waimarino 8 reserves and non-seller blocks. The majority of these sales were from blocks within the oldWaimarino 3 block, with approximately 4215 acres of Maori land being sold'to o private purchasers from that area. Just over half of the land sold from the Waimarino reserves and non-seller blocks in the 1960s and early 1970s was sold from the Waimarino 3 blocks. The largest block sold was Waimarino 3El, a block of just under 1385 acres, which was sold to William OlufLarsen in 1968. Larsen also bought the Waimarino 3Hl and 3H2 blocks in 1967. Although both blocks were Maori land, the Pakeha farmer Harry Merson had, in 1923, bought a half share in the 464-acre 3Hl block and a two-thirds share in the 263-acre 3H2 block. Merson's family continued to own these shares up until the sale of the blocks to Larsen. Larsen also bought the 120-acre Waimarino 311 block in
178 Confirmation of Alienation Waimarino 3E2A BOF WH 388 vol 5, Aotea MLC; Partition Order Waimarino 3L3C2 WH 388 voIlA Aotea MLC; CT 556/297 Waimarino 3L3C2; Waimarino A2 alienation files, MLC-WG 3/6054 and 4/6054, ANZ; Confirmation of Alienation, Waimarino A3, BOF WH 489 vol 3, Aotea MLC; Confirmation of Alienation, Waimarino A4, BOF WH 489 vol 4, Aotea MLC; CT 749/18 Waimarino 6A2A ; CT749/19 Waimarino 6A2B;Succession Order Schedule, Waimarino 6A2A, BOF WH 526 vol 2, Aotea MLC; Confirmation of Alienation, Waimarino 6A2B, BOF WH 526 vol 2, Aotea MLC 130 1968, followed by the 25-acre Waimarino 3H3E and the 107 -acre Waimarino 3H4 blocks in 1973. 179
Thomas Michael Enright bought the Waimarino 3H3A, 3H3B and 3H3D blocks, with a combined area of 865 acres, in 1967. He then purchased the 2-acre Waimarino 3H3C 1 block in 1969. Ian Howard Irwin bought the 58-acre Waimarino 3H3C2 block in 1968. 180 There were two other land sales in Waimarino 3 during the period in question. John Elliot Pike bought 15 acres ofWaimarino 3L3C1 in 1963 and Allan Logan Williamson bought the 700-acre Waimarino 3L1A2 block in 1965. In addition the 494-acre Waimarino 3L1B block was partitioned from Waimarino 3Ll. This block partition was the result of Henry Richard Pike buying the shares in Waimarino 3Ll in the 1920s. 181
Over 1830 acres were alienated from the original Waimarino 4 block during this period, but of these over 1000 acres were purchased by the Crown. These Crown purchases are dealt with in a later chapter. In 1969 the 825-acre Waimarino 4B2 block was sold to Sonny Tuhopia Pehi and Te Mataara Pehi, who were the largest shareholders among the owners of Waimarino 4B2. A meeting of owners agreed to sell the land to the Pehis, after
considerable debate led to an increase in the price offered. 182
William Paul Cornelius bought the 425-acre Waimarino 5A2B block in 1972. Two blocks from the original Waimarino 6 area were sold to private buyers during the period in question. The 36-acre Waimarino 6A2C block was transferred to James Osborne Mackay and Robert William Mackay on 8 June 1960. This transferral may, however, have been the result of a sale in the mid-1950s, which was when the 6A2A and 6A2B blocks were
179 CT 237/174 Waimarino 3El; CT 2951229 Waimarino 3H; CT 2951230 Waimarino 3Hl; CT 445/4 Waimarino 3Hl; CT 298/46 Waimarino 3H2; CT 44515 Waimarino 3H2; CT 7C/690 Waimarino 3H3E; CT 10D/1409 Waimarino 3H4; CT 5C/948 Waimarino 311 180 CT F1I81O Waimarino 3H3A, 3H3B, 3H3D; CT 6C1227 Waimarino 3H3Cl; CT 6C/l160 Waimarino 3H3C2 181 CT 373/117 Waimarino 3Ll; CT373/118 Waimarino 3Ll; CT D2/793 Waimarino 3LlA2; CT 556/299 Waimarino 3L3Cl 182 Statement of Proceedings of Meeting of Assembled Owners Waimarino 4B2 Pt, Information attached to Statement of Claim, Wai 73,13 October 1988, Wai 903 ROD 1.1.5, Waitangi Tribunal, Wellington, 2004 131 sold to the Mackays. The 146-acre Waimarino 6Al block was sold to the company Ashvale Farms Ltd in March 1970. 183
Among the seller reserves the only blocks from which land sales were made in the 1960s and 1970s was Waimarino A. The 684-acre Waimarino A20 block was sold, to Stanley George Crawshaw, in 1963. Paueranga Rangitauru, the sole owner ofWaimarino AI9A, sold the 85-acre block to Ronald Nelson Scarrow in 1967. The 469-acre Waimarino AIOB block was sold to Owen Ernest Maru in 1969. The 469-acre Waimarino A19B block was sold to the lessee, Fred Hiscox, while the 566-acre Waimarino A6 block was sold to Clarence Samuel Enright, both in 1970. 184
Table 12: Sale of lands in the Waimarino reserves and non-seller blocks 1960-1975
183 CT 327/53 Waimarino 5A2B CT 599/177 Waimarino 6A1 CT 900/9 Waimarino 6A2C 184 CT 296/99 Waimarino A20 Partition Order A19A1, 20 May 1911, WH 489/19, Aotea MLC Memorial Schedule Waimarino A19A1, Aotea MLC CT F2/738 Waimarino A19A1 Memorial Schedule Waimarino AI9B, Aotea MLC CT 7C/643 Waimarino AI0B CT8B/121I Waimarino A6
132 ------a n o sold to the Mackays. The 146-acre Waimarino 6Al block was sold to the company o 183 Ashvale Farms Ltd in March 1970. o Among the seller reserves the only blocks from which land sales were made in the 1960s and 1970s was Waimarino A. The 684-acre Waimarino A20 block was sold, to Stanley n George Crawshaw, in 1963. Paueranga Rangitauru, the sole owner of Waimarino AI9A, sold the 85-acre block to Ronald Nelson Scarrow in 1967. The 469-acre Waimarino AI0B block was sold to Owen Ernest Maru in 1969. The 469-acre Waimarino A19B n block was sold to the lessee, Fred Hiscox, while the 566-acre Waimarino A6 block was sold to Clarence Samuel Enright, both in 1970. 184 n
Table 12: Sale of lands in the Waimarino reserves and non-seller blocks 1960-1975
""".J.U"UUlJ:, blocks ' under the Maori Affairs Amendment Act H
183 CT 327/53 Waimarino 5A2B CT 5991177 Waimarino 6Al CT 900/9 Waimarino 6A2C 184 CT 296/99 Waimarino A20 Partition Order AI9Al, 20 May 1911, WH 489/19, Aotea MLC Memorial Schedule Waimarino A19Al, Aotea MLC CT F21738 Waimarino A19Al Memorial Schedule Waimarino A19B, Aotea MLC CT 7C/643 Waimarino AlOB CT8B/1211 Waimarino A6 132 o D o D o o n o n 5.4 The Maori Affairs Amendment Act 1967 and the 'Europeanisation' of Maori B Land in the Waimarino blocks The Maori Affairs Amendment Act 1967 was passed into legislation following the U Prichard-Waetford Report of 1965. The report had argued that the fragmentation of Maori land title was a major obstacle to Maori economic development and recommended that the sale of 'uneconomic' land holdings should be encouraged. In line with these proposals, Part 1 of the Maori Affairs Amendment Act provided that any area of land held under Maori title by fewer than five owners could, under specified circumstances, be 'Europeanised'. This meant that the Registrar of the relevant Maori Land Court could declare the land in question to be held under European rather than Maori title, regardless of the wishes of the owners. Ward points out that while on a national scale the 1967 Act did not markedly increase the rate of alienation of Maori land, it did help maintain the steady rate of alienation that was occurring in the late 1960s and early 1970s. The third Labour Government, following their election in 1972, set about bringing in legislation to undo the effects of the Maori Affairs Amendment Act 1967. The Maori Purposes Act J 1973 included clause 13, which repealed Part 1 of the 1967 Act. Clause 68 of the Maori Affairs Amendment Act of 1974 allowed owners who were unhappy with the compulsory
133 Europeanisation of their land to apply for a declaration returning their land to Maori freehold title. 185
Table 13: Europeanisation of Waimarino lands under Part 1 of the Maori Affairs Amendment Act 1967 0
321a lr 20p 11 Jan 1968 Repealed Maori title after 1913 D Waimarino 3F 1 135a Or 19p 4 Dec 1972 Transfer 1973- 1978 Waimarino 3J3A 57aOrOp lUan 1968 Deferred 12 Maori title 0 &3J3B2Cl Nov 1968, repealed after 1973 0 Waimarino 36a OrOp 11 Jan 1968 Deferred 12 Maori title 3J3B2A Nov 1968, repealed after 1973 Waimarino 550a lr 31.7p 11 Jan 1968 Deferred 24 Maori title 3J3B2B March 1969, H repealed after 1973 Waimarino 75a Or 34p 6 March 1969 Owned by 3K2Bl Pt successors Waimarino 76a 3rOp 11 Jan 1968 Deferred 8 Maori title 3K2B2B July 1968, repealed after 1973 Waimarino 3M2 200aOr Op 11 Nov 1968 Transfer 1989- 1990 Waimarino 3M3 150a 3r 34p 11 Jan 1968 Repealed Maori title after 1973
Owned by successors Waimarino la Or Op 18 Nov 1968 Owned by 6C2Bl successors Waimarino 32a 3r IIp 4 Oct 1971 Transfer 1980 6F2CIA Waimarino CD3D 150a Ir 3p 15 Dec 1969 Owned by successors
185 Ward, 'National Overview, vol 2' , pp 400-404 134 D D D D Total 2942a 3r 8p o Europeanised before Total 1398 lr 27p Europeanised D following repeals n For the Waimarino reserves and non-seller blocks, Europeanisation under Part 1 of the n 1967 Act did have a significant impact on the removal of land from Maori title. In the 1960s and early 1970s around 2942 acres of the land from the Waimarino reserves and n non-seller blocks was 'Europeanised' under Part 1 of the Maori Affairs Amendment Act 1967. This area amounted to around 26% of the total area of Waimarino block land that passed out of Maori title during the period from 1960 to 1973. The majority of the Europeanised land, around 1954 acres, came from the Waimarino 3 blocks. Ten blocks from Waimarino 3 had their titles converted under the 1967 Act. These blocks ranged in B size from the 36-acre Waimarino 3J3B2A block through to the 550-acre Waimarino
3J3B2B block. The Crown proclaimed eight of these blocks to be European land in 1968~ followed by proclamations for Part ofWaimarino 3K2B1 in 1969 and for 3Fl in 1972. Caveats on the titles of four of these blocks, (Waimarino 3J3A & 3J3B2Cl, 3J3B2A, 3J3B2B and 3K2B2B), meant that the legal process of their Europeanisation was deferred until the early 1970s. The owners of the majority of the Europeanised Waimarino 3 blocks were clearly not happy with the decision to convert the titles of their land blocks, as evidenced by their reaction to the repeal clauses in the Maori Affairs Amendment Act 1974. The owners of seven of the ten Europeanised Waimarino 3 blocks applied to have the conversion repealed, returning their land to Maori title. The combined area of these seven blocks came to 1544 acres. Therefore, once the repeals had gone through only three Waimarino 3 blocks, of a combined area of 410 acres, remained in converted title. 186
186 CT 227/90 Waimarino 3; Memorial Schedule Wairnarino 3AIA, Title Binder 54, Aotea MLC; CT 6C/646 Waimarino 3AIA; Memorial Schedule Waimarino 3AlB, Title Binder 54, Aotea MLC; CT lOB/448 Waimarino 3Fl; Registrar to Chief Surveyor, 27 July 1972, BOF WH 388 vol 5, Aotea MLC; Memorial Schedule Waimarino 3J3A and 3J3B2Cl, Title Binder 54, Aotea MLC; Memorial Schedule Waimarino 3J3B2A, Title Binder 54, Aotea MLC; Memorial Schedule Wairnarino 3J3B2B, Title Binder 135 Four other Waimarino non-seller blocks were Europeanised, Waimarino 5B5, 6C2A, 6C2Bl and 6F2CIA, along with one seller reserve block, Waimarino CD3D. These blocks ranged in size from the I-acre Waimarino 6C2A and 6C2B 1 blocks to the 803-acre Waimarino 5B5 block. No attempts were made by the owners of any of these blocks to have their converted titles repealed. An examination of the fate of the Europeanised blocks indicates the degree to which the process of conversion of title encouraged the alienation of Maori land in the Waimarino blocks. Fifteen blocks with a combined area of around 2942 acres were originally Europeanised. Seven of these blocks, with a combined area of 1544 acres, had the converted title repealed at the behest of the owners. All of the blocks that reverted to Maori title remain in Maori freehold title at the time of writing. Of the eight blocks that stayed in European title, at the time of writing four were are still n owned by the original Maori owners or successors to those owners. The combined area of these four blocks is around 227 acres. The other four blocks have all been sold to people n who are not successors to the original owners. The combined area of these four blocks is 1170 acres, of which the 803-acre Waimarino 5B5 block is the largest component. 187 H It is not clear why land sales increased in the early 1960s. The greater general level of n economic prosperity in New Zealand in the late 1950s and 1960s may have meant that farmers had more money to buy more marginal areas of Maori land such as the Waimarino blocks. The increasing urbanisation of the Maori population from the early 1950s onwards may have encouraged Waimarino Maori to sell blocks. Landowners may have no longer felt the same connection to their lands because of urbanisation, may have needed cash for the move to the cities or may have no longer had anyone in their family
54, Aotea MLC; Memorial Schedule Waimarino 3K2Bl Pt, Title Binder 54, Aotea MLC; CT 6DI1238 Waimarino 3K2Bl Pt; Memorial Schedule Waimarino 3K2B2B, Title Binder 54, Aotea MLC; CT 4911204 Waimarino 3K2B2; Memorial Schedule Waimarino 3M2, Title Binder 54, Aotea MLC; CT 3881192 Waimarino 3M2; Memorial Schedule Waimarino 3M3, Title Binder 54, Aotea MLC 187 Memorial Schedule Waimarino 5B5, Title Binder 54, Aotea MLC; CT 6D/1460 Waimarino 5B5; Memorial Schedule Waimarino 6C2A, Title Binder 54, Aotea MLC; CT 6D/1345 Waimarino 6C2A; Memorial Schedule Waimarino 6C2BI, Title Binder 54, Aotea MLC; CT 6D/1357 Waimarino 6C2BI; Memorial Schedule Waimarino 6F2CIA, Title Binder 54, Aotea MLC; CT 9C/112 Waimarino 6F2CIA; Declaration of change of status Waimarino CD3D, BOF WH 492 vol 2, AoteaMLC; CT 237/154 Waimarino CD3D 136 T n D )
D who was prepared to work the isolated areas of land. These are however speculations on the part of the author until hard evidence for the increase in sales should be uncovered. D 5.5 Conclusion
D It can be clearly seen that there were few land sales from the Waimarino reserves and non-seller blocks in the period from 1930 through to 1959. Between 1960 and 1974 there was a period of increased land sales among the land blocks that remained in Maori title. The reasons for this increase in sales in the 1960s and early 1970s are not clear. It may be that the economic prosperity of the 1960s encouraged farmers to buy up more land from Maori title, even relatively marginal land such as that in the Manganui a Te Ao area of the Waimarino 3 blocks. Increasing Maori urbanisation may also have encoraged Maori landowners to sell. Over half of the land sold in this period was from the Waimarino 3 o blocks, but it must be borne in mind that by 1930 the only major areas of the Waimarino blocks in Maori title were in the Waimarino 3, 4, 5, 6 and A blocks. Crown purchases and B one private transfer removed nearly all of Waimarino 4 from Maori title. Significant private land sales also occurred in the Waimarino 6 and A blocks. The Waimarino 5 block o remains the only original Waimarino block where the majority of land is still in Maori title. The closure of the road into Waimarino 5 in 1943 made commercial access to most of the land in this block extremely difficult. As well as leading to the cancellation of leases on the Waimarino 5A properties, this road may explain why only one of the Waimarino 5 blocks was sold in the 1950s.
The other major factor in the removal of Waimarino land from Maori title was the Europeanisation of land under the Maori Affairs Amendment Act 1967. Again the majority of the land affected was from the Waimarino 3 block. These actions appear to have been carried out without the agreement of the owners of the land in question. While some of the landowners seem to have been happy with the process of Europeanisation, the owners of seven of the ten Waimarino 3 blocks involved, later had the Europeanisation orders repealed. Of the blocks that stayed Europeanised half have been sold and are-no longer owned by successors of the original Maori owners.
137 Chapter Six: The Alienation History ofWaimarino B
6.1 Introduction
Chapters Six to Eight will concentrate on those Waimarino blocks where the Crown was the principle agent in buying land from the Maori owners. Of these blocks the Waimarino B blocks have gained some notoriety as the site of the failed Mangapurua soldier settlement, known as the site of the 'Bridge to Nowhere'. The majority of the land in the original Waimarino B seller reserve was bought by the Crown and eventually used for this soldier settlement. The actions of the Crown, along with a brief account of the history of those sections ofWaimarino B that were not involved in Crown purchases, are outlined below. The chapter shows that the Crown was eager to purchase the Waimarino B blocks well before the idea of a soldier settlement was mooted. As well as setting out the process by which the Crown acquired most of the Waimarino B blocks, this chapter explains how some of the Waimarino B owners obtained title to lands in the Kakahi township.
6.2 The initial partition and early alienations of the Waimarino B block
In 1895, the original Waimarino B block, of 9,270 acres was allocated to 194 owners of the Ngati Hinekura, Ngati Matakaha and Ngati Ngaarero hapu. The area of the Waimarino B block is centred on the Mangapurua Valley. The Mangapurua stream is a tributary of the Whanganui River, which enters the Whanganui at a point approximately 20 miles, (32 kilometres), above Pipiriki. The surveyor Otway's report, from 1895, clearly demonstrated the rough nature of the Waimarino B block, describing it as 'very broken, full of slips and covered principally with Black Birch. There is not one acre of
flat land upon the whole Block'. 188
The valuer D Craig gave a similar report on the area as it was in 1913: The block generally is very rough comprising a series of sharp ridges and spurs falling into the Mangapuma and Marinanga Streams, along the banks of which are
188 NZMS 261 R20 Matemateaonga- Cadastral map; NZMS 261 R20 Matemateaonga- topographical map; CC Otway, Report on Waimarino S, 2, 5 and Popotea, 5 August 1895, MA 1 1924/202, vol 2, ANZ 138 D o D o some small flats. The soil is of light quality resting on sandstone formation- in fact in many places sandstone Bluffs can be seen when looking down from the o back boundary of the block. In rough bush country of this description it is almost impossible to judge distances with any degree of accuracy [ ... ] Generally speaking the land does not vary to any extent, although it is slightly better in the centre- the n 189 poorest part being the Wanganui River side. n In 1914, the surveyor W Stewart gave a slightly more positive description from the point of view of farming prospects, but still described an area of rugged, bush clad country: This block is all under heavy bush, varying form flats of rimu, pukatea, kahikatea, etc., and heavy tawa, rata sidlings, to poorer spurs under tawhero and birch. The undergrowth is dense, and comprises chiefly supplejack, ponga, mahoe, matipo, etc. The soil is light, with only a thin coating on the sharper spines and steeper U sidlings, but with a good depth o~good soil on the stream flats and easier sidlings. There are fair flats along the main streams, which are mostly gorgy. The subsoil is 8 sandstone and papa; and elevation ranges from 500 to 2,100 feet above sea level. The climate is much milder than in the higher country further inland, is subject to o very little snow, which never lasts long, and corresponds more closely to the climate of the Wanganui River basin where maize and kumeras are grown. There is a plentiful rainfall and most of the smaller streams, and the larger ones in places, are accessible to stock.190
On 16 February 1909, the Waimarino B block was partitioned into three sections at a sitting of the Native Land Court held at Wanganui. William Gilbert Mair was the presiding judge with Wiremu Te Wharepurangi as assessor. Waimarino B 1, a block of 633 acres, was allocated to 15 owners. Waimarino B2, of 502 acres, was allocated to ten owners. Waimarino B3, with an area of 8184 acres, was divided between 205 owners. At a Native Land Court sitting on 26 March 1909, presided over by the same officials, the Waimarino B3 block was partitioned. Waimarino B3A, of201 acres, was allocated to four
189 D Craig to Valuer General, 16 April 1913, MA-MLP 11912/86, ANZ 190 A P Bates, The Bridge to Nowhere: The Ill-fated Mangapurua Settlement, Wanganui, 1981, p 10 139 owners, while the Waimarino B3B block, of 7982 acres, was allocated to 203 owners. Waimarino B3B was partitioned into Waimarino B3Bl and B3B2 on 9 May 1911, at a session of the Native Land Court held at Wanganui, presided over by Judge Thomas n Henry Wilson. Waimarino B3Bl, of just under 393 acres, was allocated to nine owners, while the 7590-acre Waimarino B3B2 block was allocated to 191 owners. Waimarino B3B2 was partitioned at a session of the Native Land Court held at Wanganui-on 29 May n 1911. This session was presided over by Judge John Bain Jack. Waimarino B3B2A, of 675 acres was allocated to 13 owners, while Waimarino B3B2B, of 6915 acres was n allocated to 178 owners.191
On 16 November 1910, the Aotea District Maori Land Board called for a meeting of the assembled owners of Waimarino B 1 to discuss the proposal that the block be leased for a o term of 42 years to Wifred Atkins, a Turakina farmer. The proposed lease was for one shilling per acre for the first 21 years, followed by a rent of five percent of the Government unimproved value for next 21 years. Two owners, Tihema Henare and Ngaruroro Tihema, wrote to J B Jack, President of the Aotea District Maori Land Board H on 4 December 1910, to express their opposition to leasing the land to Atkins under the conditions set down in the proposed lease. These two owners did not attend the meeting of assembled owners to vote on the lease. A meeting of assembled owners held on 16 December 1910 was attended by at least three of the 15 owners, Henare Haeretuterangi (who appears to have also gone under the name Henare Tao), Heni Te Whare and Mangamanga. William McDonnell was present with the proxy vote for Te Manutute .. It is not clear whether Paratene McDonnell was present at the meeting or was represented n by William McDonnelL Tawhere, (or Tauhere, the name is not clearly legible in the minutes), was present as proxy for Moana Te Whare. The meeting voted unanimously to lease the land to Atkins. The Board endorsed the decision of the meeting of assembled owners and approved the lease to Atkins. In
I9lWaimarino B, BOF WH 490 vol 1, Aotea MLC 192 Tihema Henare and Ngaruroro to J B Jack, 4 Dec 1910, Waimarino B1 alienation file MLC-WG 3/1912/322, ANZ; Minutes of meeting of assembled owners 16 Dec 1910, MLC-WG 3/1912/322, ANZ 140 Two years later, on 18 November 1912, a further meeting ofWaimarino Bl owners was called to vote on a new proposal to sell the block to Wilfred Atkins, for £ 1 an acre. William McDonnell was present at the meeting with the proxy votes of seven owners and also in his capacity as trustee for Patohe McDonnell. McDonnell also informed the meeting that his son Hemi Te Whare, another owner in the block, was willing to sell. Roka Tihema, one of the owners, was also present. Te Manutute, an owner for whom McDonnell was holding a proxy vote, appeared part way through the meeting. The meeting voted unanimously to sell Waimarino B 1 to Wifred Atkins. The Aotea District Maori Land Board approved the transaction and the property was transferred in 1913. 193
It is interesting to briefly examine the role of William McDonnell in the meetings described above. William McDonnell, like his brother Colonel Thomas McDonnell, grew up in Northland in the 1830s and had a good command ofte reo Maori. It appears that, in co-operation with Thomas McDonnell, William was involved in military operations, combined with unsuccessful gold prospecting, during the late 1860s in the Whanganui area. William McDonnell had been living in the Whanganui area since at least the early 1890s and was married to Tarihia Kereti, one of the owners of Waimarino 5. In 1894 McDonnell passed on information to the Native Department that his wife was willing to sell her shares and suggested that other owners might sell too if this knowledge were made public. McDonnell was not an owner of Waimarino B himself but acted as trustee for several of his relatives and brought in the proxy votes for other owners who were willing to sell. McDonnell appears to have been keen that his Maori relatives and the other owners should lease and then sell their land. He also made sure that he gathered together the proxy votes of seven owners who were clearly in favour of the sale. Whether the owners who were not present at the December 1912 meeting supported the sale is not clear, but it should be noted that no record of objections to the sale has survived. 194
193 The resolution to sell was proposed by McDonnell and seconded by Roka Tihema. Tukere H. Te Anga of the Aotea Maori Land Board acted as chairman of the meeting. Minutes of meeting of assembled owners 11 Dec 1912, MA-WG 3/19\2/322, ANZ 194 D Young, Woven by Water: Histories from the Whanganui River, P 89; J Bates, Clerk of Native Department, Wanganui, to P Sheridan, Native Department, Wellington, 27 April 1894, MA 1 1924/202 vol I, ANZ; Waimarino Bl alienation file MLC-WG 3/1912/322, ANZ 141 Wilfred Atkins was also able to gain a lease over the 502-acre Waimarino B2 block. Atkins reached an agreement, in August 1910, with seven of the owners to lease the entire block for £25 2s 6d for the first 21 years and for 5% of the Government's unimproved value placed on the block for the second 21 years. These owners did not in fact control enough shares to give Atkins the lease over all 502 acres of Waimarino B2. He therefore had to make two more lease agreements with other owners before he could n lease the whole area. In December 1910 Atkins signed a lease agreement with Pirihira Tarewa and other owners to lease 200 acres of Waimarino B2 for £10 lOs per annum. n This was followed by an agreement in January 1911 with Pare Mamao. Under this agreement Atkins to lease Pare Mamao's 50 acre share of Waimarino B2 for £2 lOs per n annum. Pare Mamao had been named in the original agreement made by Atkins and the Waimarino B2 owners, but the records do not show why Atkins later had to make a u separate agreement with her. 195
6.3 Crown efforts to purchase the Waimarino B blocks H All the land purchased from Waimarino B, other than the 633-acre Waimarino Bl block, was bought by the Crown. This land was to form part of the Mangapurua soldier settlement, made infamous by the failed soldier settlement with its 'Bridge to Nowhere'. Soldier settlement was not, however, the initial reason behind the Crown's desire to acquire land in the Mangapurua Valley. The Crown set out to buy all of the Waimarino B block before the beginning of the Great War, at a time when no need of land for returned servicemen. It is not clear why the Crown wanted to acquire the Waimarino B blocks. Bates suggests that early reports on the agricultural potential of Waimarino B were 'encouraging', but the valuation report made by Craig in April 1913 clearly states 'the block generally is very rough comprising a series of sharp ridges and spurs'. The valuer Morgan set a price of 13 shillings per acre on the block in August 1911. 196
195 Waimarino B2 alienation file MLC-WG 3/1912/3, ANZ 196 Bates, pll; D Craig to Valuer General, 16 April 1913, MA-MLP 11912/86, ANZ 142 The Crown's desire to buy the Waimarino B block seems to have been part of a larger Department of Lands plan to settle the Mangapurua Valley and open up the 'back country' of the old Waimarino block. From December 1912, the Department of Lands started lobbying the Native Department to purchase the Waimarino B block, on the grounds that the acquisition of the block would allow the construction of more practical fence lines for the proposed settlements in the Mangapurua Valley. The Department of Lands also saw the Waimarino B block as being vital for road access to the back country. They hoped that a road would be built down the Mangapurua Stream that would link the Whanganui River with the Kaiwhauka Stream road and the Raetihi-Ohura road. There appears to have been an early lack of communication between the Department of Lands and the Native Department over the purchase of Waimarino B. The Under Secretary of Lands wrote to Fisher, the Under Secretary of the Native Department, in July 1914, emphasising the importance of acquiring Waimarino B to gain road access to the back country. The Under Secretary of Lands asked whether any attempts were being made to buy Waimarino B, unaware that by 1914 the Native Department had spent almost three
years trying to acquire the block. 197
In August 1910 the Under Secretary of the Native Department had been contacted by a representative of two owners of Waimarino B expressing a wish to sell their shares. The owners, Harata Te Kiore and Ripeka Tahora, were both described as elderly women who had other lands for maintenance and wished to sell their Waimarino B shares in order to live in comfort. At this time Fisher replied that the Native Department was not interested in buying land in Waimarino B. 198 Within less than a year the Native Department, for reasons still unclear, had changed its policy to one of trying to acquire all of the Waimarino B block. On 18 July 1911, James Carroll the Native Minister, had submitted an offer on behalf of the Crown to purchase the entire Waimarino B block. At this time the Government valuation of the entire Waimarino B block was £5794. The Aotea District Maori Land Board called a meeting for all of the owners of Waimarino B
197 Under Secretary Lands to Under Secretary Native Department, 18 Dec 1912, MA-MLP 1 1912/86, ANZ; Bates, pp 10-11; D Craig to Valuer General, 16 April 1913, MA-MLP 1 1912/86, ANZ; Under Secretary Lands to Under Secretary Native Department, 16 July 1914, MA-MLP 1 1912/86, ANZ
143 subdivisions with over ten owners, in order to vote on whether to accept this offer. The Native Land Act 1909 had no provision for blocks with fewer than ten owners being sold by the majority vote of a meeting of assembled owners. Therefore in the case of Waimarino B3A, with only four owners, Crown would have to approach each owner with B an offer of purchase. 199
A meeting of assembled owners of Waimarino B1, B2, B3Bl, B3B2A and B3B2B was held at Wanganui on 22 August 1911. The cases for the sale of Waimarino Bland B2 were struck out, as both blocks were already leased to Wilfred Atkins. The case for sale of Waimarino B3B 1 was also struck out, as the block had only nine owners and therefore could not be sold by a majority vote. Only one owner of Waimarino B3B2A, Pikihuia, was present, meaning there was no quorum for a vote to be held on the sale of this block.200 Waimarino B3B2B was the only block with enough owners present to form a quorum. Te Pikinga, who was living on the land with his family, stated that the meeting should be adjourned until the Government valuation was produced. The Crown's valuation of the block at this time was £5794 for the entire Waimarino B block. This H figure appears to have been based on an estimate and was clearly not accepted as a valid Government valuation by the owners of Waimarino B3B2B present at this meeting. It should also be noted that one owner, Tiaki Hereiha, rejected the Crown's offer altogether, but agreed to support an adjournment. As most of the speakers agreed with the idea of an adjournment, the chairman adjourned the meeting sine die.201
Following on from this meeting the Native Department, in June 1912, requested a valuation of the Waimarino B block from the Valuation Department. The Valuer General· immediately replied with the figure of £5794, the same valuation used previously. This
198 J Stevens to Under Secretary Native Department, 29 August 1910, MA-MLP 1 1912/86, ANZ; Under Secretary Native Department to J Stevens, 28 September 1910, MA-MLP 1 1912186, ANZ 199 Waimarino B3B2A alienation file, MLC-WG 3/1491, ANZ 200 Five of the owners ofWaimarino B3B2A gave Kahu Te Kuru a letter of authority to act on their behalf. They specifically requested that this area be partitioned out from the rest ofWaimarino B. The Chairman of the meeting, Tukere H Te Anga, noted that Waimarino B3B2A had in fact already been partitioned out, but noted that this letter could not be regarded as a proxy form. Minutes of Meeting of assembled owners, 22 August 1911, MLC-WG 3/1491, ANZ 201 Minutes of Meeting of assembled owners, 22 August 1911, MLC-WG 311491, ANZ 144 1 o o D figure appears to have been based on a valuation ofWaimarino B at 13 shillings an acre, made by the valuer Morgan in August 1911. It is not clear whether the figure of £5794 o offered in the 1911 meetings was based on the same valuation report. The valuer D Craig made a second valuation of the Waimarino B block in April 1913. Craig noted that it was impossible for him to do anything other than value the whole Waimarino B block, as the D block's subdivisions had still to be surveyed out. Craig considered that as the new Mangapurua road had now been surveyed to within 50 chains of the 'back boundary' of n the block the value of the land had been enhanced. He therefore set a value of 18 shillings per acre on the entire block. The Crown accepted this new valuation, with the Native o Department now offering £8343 for all ofWaimarino B. 202
o The Native Department attempted to call a meeting of assembled owners of the various Waimarino B subdivisions for 31 July 1913, at Raetihi, but the meeting had to be adjourned due to an ongoing smallpox epidemic. It should be noted that while no owners turned up in Raetihi to attend this meeting, at least three of the owners of Waimarino B B3B2B wrote to President Jack of the Aotea Land Board expressing their wishes with regard to their shares in the block. Of these three owners, Ngapera Ruku and Iri Tuirirangi expressed a desire to sell, while Te Rakera Te Whakahawe, who was living on
the land at the time, opposed the sale. 203
A meeting of the assembled owners of the 6915-acre Waimarino B3B2B subdivision was finally held at Wanganui on 7 November 1913. At this meeting the issue of the urupa Tahereaka was raised. Tahereaka was originally a small pa site with an urupa. The survey map ML 772, the map that was probably the one used at the March 1886 Native Land Court hearing, shows an area marked as the 'Tahereaka claim', drawn roughly between the Mangapurua and the 'Mangatoutou' (Mangatoatoa) streams. In response to Te
202 Under-Secretary Native Department to Valuer General, 19 June 1912, MA-MLP 1 1912/86, ANZ; Government Valuation of Waimarino B, 20 June 1912, MA-MLP 1 1912/86, ANZ; D Craig to Valuer General, 16 April 1913, MA-MLP 1 1912/86, ANZ; Valuer General to Under Secretary Native Department, 18 ApriI1913, MA-MLP 1 1912/86, ANZ; Offer by Crown to Purchase Native Land, 6 May 1913, MA-MLP 1 1912/86, ANZ 203 Te Rakera Te Whakahawe to J B Jack, ADMLB, 24 July 1913, MA-MLP 1 1912/86, ANZ; Ngapera Ruku to J B Jack, ADMLB, 25 July 1913, MA-MLP 1 1912/86,ANZ; lriTuirirangi to J BJack, ADMLB, 30 July 1913, MA-MLP 1 1912/86, NA Wellington 145 Rangihuatau's application regarding the title of the Waimarino block, Patu Wairua, Te Rangitawana, and Kuramete Te Ngatu registered a claim with the Native Land Court, in January 1886, to an area they referred to as Tahereaka. The area described in their Kahiti application was in fact north of the area marked on ML 772 and not within what became Waimarino B, indicating that the marking on ML 772 was inaccurate. The claim to Tahereaka was not in fact brought forward at the March 1886 Waimarino hearing. Instead the three Tahereaka claimants were placed on the list of owners of the Waimarino block. All three sold their shares and were placed on the list of owners for Waimarino B. Patu Wairua and Te Rangitawana were listed as members of Ngati Hinekura, while Kuramete Te Ngatu was with Ngati Matakahu.204
Kuramate te Ngatu was one of the three owners represented at the 7 November 1913 meeting. Kuramate's son Te Nui Te Koau was present at the meeting, along with Koiri Tuirirangi and Ngunu Paranihi. Te Kanapu Haerehuka, a non-owner, was present to represent Rangihawe and Ngakura Ropoama. Tukere H Te Anga, the board's representative, was elected chairman for this meeting. The motion was proposed by Ngunu Paranihi and seconded by Te Kanapu Haerehuka. Te Nui Te Koau spoke, saying that he and his father were in favour of the motion to sell the block, but only on condition that a reserve should be created for the urupa Tahereaka, if it were found to be located on the block. The meeting was informed, by a source not identified in the minutes, that Tahereaka was in fact not located on this block. Te Kanapu Haerehuka stated that the parties he represented supported a sale, but believed the valuation should have been at least £1 per acre. Ngunu Paranihi commented that her people were all willing to sell and would have signed proxies but for the absence of official witnesses. The meeting voted unanimously to sell Waimarino B3B2B to the Crown for 18 shillings an acre. 20S President J B Jack, of the Aotea District Maori Land Board, noted in confirming the owners' resolution that while the meeting was not well attended, two earlier meetings had lapsed for want of quorum and the owners had had ample time to object the sale. No further opposition had been offered since the meeting. The Crown paid £6233 lOs to the owners
204 S Mclean, 'Waimarino Waahi Tapu Historical Report', 16 May 1994, TOWPU, Wai 167 CIS, pp 5-7.
146 D D o o of the block on 16 March 1914 and Waimarino B3B2B was gazetted as Crown land on 4 o March 1915.206 The sale of Waimarino B3B2B provides another example of the workings of the Native o Land Act 1909, in particular section 342, under which an assembled meeting of as few as five owners could vote to sell a block of land regardless of the wishes of the other landowners. In the case of Waimarino B3B2B, six owners were able to sell a 6915-acre o block without any input from the other 172 owners. There were no objections to the sale in later months from those owners who did not attend the meeting, but it is also unclear o how well owners were informed about the assembled owners' meeting and the resulting n sale of the block. The Crown was still eager to acquire the other Waimarino B blocks, especially as the Waimarino B3B2B subdivision was only accessible from the river. Waimarino B1, B2, and B3B2A, which stood between Waimarino B3B2B and the existing roads, were not in ;8 Crown ownership. The Crown did not attempt to gain ownership of Waimarino Bl, as this had already been sold to Wilfred Atkins in 1912. The Under-Secretary of the Native Department, T W Fisher, inquired into whether the Crown could acquire Waimarino B2 and terminate Wilfred Atkins' lease. On finding that Atkins' 42 year lease was paid up and in order, all plans to buy Waimarino B2 were abandoned?07 The Native Department also abandoned efforts to buy the 201-acre Waimarino B3A, in the south-western comer of the original Waimarino B block by the Wbanganui River. The Department accepted the advice of the Aotea Land Board that the owners, Ema and Waata Wiremu Hipango, who may well have been living on the block, were unlikely ever to sell. This block remains in Maori title at the time ofwriting?08
205 Minutes of the meeting of assembled owners Waimarino B3B2B, 7 November 1913, Waimarino B3B2B alienation file MLC-WG 311491, ANZ 206 J B Jack to Under Secretary Native Department, 14 November 1913, MLC-WG 3/1491, ANZ; NZ Gazette Notice 11 March 1915, MA-MLP 1 1912/86, NA Wellington 207 Under-Secretary Native Department to President, ADMLB, 4 August 1914, Waimarino B2 alienation file MLC-WG 3/1912/3, ANZ; President, ADMLB, to Under-Secretary Native Department, 28 March 1916, Waimarino B2 alienation file MLC-WG 3/1912/3, ANZ; Under-Secretary Lands and Survey Department to Under-Secretary Native Department, 9 Oct 1916, MA-MLP 1 1912/86, ANZ 208 Under-Secretary Native Department to Under-Secretary Lands and Survey Department, 6 Nov 1914, MA-MLP 11912186,ANZ 147 In July 1914, five of the owners of Waimarino B3B 1 wrote to T W Fisher, the Under Secretary of the Native Department, offering to sell the block on the same terms as the Waimarino B3B2B purchase. Following on from this letter, Fisher asked J B Jack to take steps to acquire Wairnarino B3Bl, offering 18 shillings per acre to the nine owners. Jack appears to have already started on this project. Between August and October of 1914 the Crown bought up nearly all but 6 Vt of the landowners' shares in the 393-acre Waimarino B3Bl, with the final shares being bought in May 1915.209
6.4 The purchase of Waimarino B3B2A and the question of land at Kakahi
Following the purchases mentioned above, the Crown still wanted to acquire the 675-acre Waimarino B3B2A block, but were concerned over the fact that the owners had previously agreed to allow Te Kuru Poinga to lease the block for 42 years. On the assumption that Te Kuru Poinga did not wish to complete the lease, the Crown made an offer of 18 shillings per acre for the block and applied to summon a meeting of assembled owners. At the meeting held on 1 February 1915 the assembled owners rescinded the lease to Te Kuru Poinga, but then adjourned the meeting sine die rather than voting on whether or not to sell the block. The owners appear to have been in favour of selling the land but a group of them wanted a specific condition attached to the sale. A group of the owners were living at Kakahi and wanted to exchange a portion of the block for a four acre piece of Kakahi land. They now wanted to either arrange an exchange of lands or else ensure they gained sufficient money from their Waimarino B3B2A land to purchase the Kakahi land. The owners had decided to adjourn the meeting until the position was
clarified? 10
209 Kiore Te Whitu, Maora Kiore, Pura Kiore, Torehaere Kiore, Ngunu Paranihi to Under-Secretary Native Department, 14 July 1914, MA-MLP 1 1912/86, ANZ; Under-Secretary Native Department to President, ADMLB, 6 August 1914, MA-MLP 1 1912/86; Sales ofWaimarino B3Bl shares October 1914, MA-MLP 1 1912/86 210 President ADMLB to Under-Secretary Native Department, 9 November 1914, Waimarino B3B2A alienation file, MA-WG 3/1490, ANZ; President, ADMLB, to Under-Secretary Native Department, 5 February 1915, MA MLP 1 1912/86, ANZ 148 o D D
D The Under-Secretary of the Department of Lands provided the following explanation for the Waimarino B3B2A landowners' wish to acquire land at Kakahi, a township in the D north-west of the original Waimarino 1 block, near the confluence of the Whakapapa and Whanganui Rivers. At an unspecified date several years before 1915, the Lands Department granted pennission to a group of Maori families to occupy a vacant piece of D land in the Kakahi township, in order that their children could attend school at Kakahi. The department claimed to have originally given pennission for the Maori group to only o erect one whare on the land, but the occupiers built several houses there. Having established what amounted to a pennanent settlement in this section of Kakahi, the Maori occupiers, offered to exchange their interests in Waimarino B3B2A for four township acres in Kakahi. The Maori fru:p.ilies wanted to get title to land at Kakahi in order to have D a base near a town and a school. It appears that, before the meeting of assembled owners in February 1915, the Kakahi group had contacted the Commissioner of Crown Lands, n who had been agreeable to the idea of an exchange?ll 8 In Taumarunui on 1 July 1915 a meeting of the assembled owners ofWaimarino B3B2A was attended by six of the more than 30 owners. They voted unanimously to sell U Waimarino B3B2A for £2 an acre, a higher price than the 18 shillings an acre offered by the Crown. The motion approved by the meeting included the condition that the landowners living in Kakahi would receive payments to the value of the four acres at Kakahi that they wished to purchase from the Crown. Those landowners living elsewhere would be paid in cash. The Native Department refused to go along with this resolution, as they believed it was better for the Waimarino B3B2A landowners to negotiate directly with the Lands and Survey Department for the purchase of the Kakahi land. The Crown was still determined to acquire the B3B2A block as evidenced by the increase of the Crown's purchase offer to £1 per acre, still well short of £2 per acre approved by the owners in July. The Crown also imposed a prohibition on all .alienations of the block, other than to the Crown. This effectively blocked not only the private sale of Waimarino B3B2A, but also any private lease or mortgage on the block. Therefore the owners were
211 Minutes of meeting of assembled owners, 1 July 1915, MA-MLP 1 1912/86; Under-Secretary Department of Lands and Survey to Under-Secretary Native Department, 21 December 1915,Waimarino
149 effectively left with the options of retaining the block as an undeveloped but rateable o area, trying to develop the block themselves with finance raised elsewhere, or selling the block to the Crown.2I2
A meeting of assembled owners was called at Kakahi on 28 September 1915, following the adjournment of a similar meeting at Taumarunui on 27 August 1915 for lack of quorum. Six owners turned up at the Kakahi meeting, enough for a quorum. The meeting voted to sell the Waimarino B3B2A block for £1 lOs per acre. Kato Rauhoto had stated at the meeting that unless the question of the Kakahi section was settled he would not sell, but the [mal vote was carried unanimously. By November 1915, the Kakahi Maori were reported to have come to an agreement with the Lands Department over the four acres of land they wished to purchase. The Lands Department and the Native Land Purchase n Board, in order to close the Crown purchases of Waimarino B lands as rapidly as possible, decided to accept the figure of £1 lOs per acre. This figure was 10 shillings per D acre more than the Crown's earlier offer of £1 per acre. The Native Department paid £1012 lOs to the landowners and on 26 November 1915 Waimarino B3B2A was declared H Crown land?13 u It appears that the landowners based in Kakahi must have come to a satisfactory agreement with the Lands Department. This is shown by the fact that an area of 3 acres and 16 perches in Kakahi township was transferred to Maori freehold title on 7 August 1918. Among the 12 named owners was Tahuparae Rauhoto, one of the former owners of Waimarino B3B2A. On 26 November 1954 the Kakahi land was designated as a Maori reservation for use as a 'village site, meeting place and church site' .214
B3B2A alienation file, MA-WG 3/1490 212 Minutes of meeting of assembled owners, 1 July 1915, MA-MLP 1 1912/86; Under-Secretary Native Department to President, ADMLB, July 1915, MA-MLP 1 1912/86, ANZ; Under-Secretary Native Department to President, ADMLB4 August 1915, MA-WG 3/1490; Prohibition of Private Alienation, NZ Gazette, 12 August 1915, MA-WG 3/1490 213 Minutes of the meeting of assembled owners Waimarino B3B2A, 28 September 1915, MA-WG 3/1490; Under-Secretary Native Department to President, ADMLB, 2 November 1915, MA-WG 3/1490 214 CT 286/274 Section 19 Block V: Town ofKakahi 150 ]
I 1 o o o
D 6.5 Waimarino B and the Mangapurua as a soldier settlement o It has been clearly illustrated above that the Crown's original plans to purchase the Waimarino B subdivisions were not developed with soldier settlements in mind. In D September 1915, Parliament debated and passed the Discharged Soldiers' Settlement Bill. Neither the Discharged Soldier's Settlement Act 1915 nor the Discharged Soldiers' o Settlement Amendment Act 1916 named any specific areas to be set aside for settlement. By 1916 the Crown land in the Mangapurua Valley had been surveyed but remained unallocated. It was decided that this land was an ideal site for soldier settlement. An area of 44,839 acres in the Mangapurua valley was advertised in November 1916 for selection by discharged servicemen. This area included the 7983 acres the Crown had bought-in Waimarino B. The valley was settled by returned servicemen over the next few years, in n what later became known as 'the bridge to nowhere' settlement.2lS After initial success the valley settlement went in to decline in the late 1920s. The B settlement suffered from the decline in stock prices in the 1930s, the degradation in farmland from soil erosion as a result of deforestation and continual flooding, combined n with the high costs of transport resulting from isolation and flood damage to roads. With the decline in numbers of the Mangapurua settlement and heavy flood damage in January 1942, the Department of Public Works made a decision to cease all maintenance of the Mangapurua road. The Waimarino County Council refused to take over responsibility for road maintenance on the grounds that it was too expensive to be covered by rates. The three remaining farmers left the valley at the end of 1942. Although scholars have recently challenged the idea that the soldier settlements were a general failure, the Mangapurua settlement became a symbol in the public mind for a scheme that came to be generally regarded as poorly planned and unsuccessful.216
215 Bates, pp 12-16 216 Bates, pp 129, 160-167; A Gould, 'Soldier Settlement in New Zealand after World War 1: A Reappraisal', in J Smart and T Wood (eds) An Anzac Muster: War and Society in Australia and New Zealand 1914-18 and 1939-45, Monash Publications, 1992, pp 114-129. 151 6.6 Conclusion
Only two subdivisions, Waimarino B2 and B3A, with a combined area of around 704 acres, remain in Maori title from the original 9270-acre area of Waimarino B. The 633- acre Waimarino Bl block was sold to Wilfred Atkins in 1912. The Crown purchased the remainder ofWaimarino Bin 1915. The Crown's original aim was to purchase the entire Waimarino B block, but they were unable to acquire Waimarino Bland B2 due to earlier sales and leasing arrangements. The owners of Waimarino B3A refused to sell their block. The record shows a persistent and determined effort on behalf of both the Native Department and the Lands and Survey Department to acquire Waimarino B. This campaign was clearly not carried out with the intention of using the land for soldier settlement. Efforts to buy Waimarino B began in 1911, well before the beginning of the Great War, and were completed in December 1915, before any areas of land had actually been designated for soldier settlement.
The records examined in this study do not provide a clear explanation of the reasoning behind the Crown's desire to purchase Waimarino B. The original motivation appears to have been part of a plan to open up the interior of the Waimarino for Pakeha settlement, including settlement of the entire Mangapurua Valley, part of which was a plan to link the Ohura to Raetihi road with a road down the Mangapurua. The sale ofWaimarino B3B2B, where six owners were able to sell a 6915-acre block without any input from the other 172 owners, provides another illustration of how the Native Land Act 1909 facilitated the alienation of Maori land. The Crown's was determined to acquire one of the blocks that had been set aside as land for those who had sold their shares in the original Waimarino block. This appears at odds with the original intention of the Waimarino deed that the landowners who had sold their shares in the Waimarino block were entitled to 'good and effectual' grants of land to provide a living for them and their descendants.
152 o D D
D Chapter Seven: The Alienation History ofWaimarino 4 D 7.1 Introduction This chapter outlines the alienation history of the Waimarino 4 block, with a particular D emphasis on the actions of the Crown in these alienation processes. The Waimarino 4 block is located in the south-eastern corner of the original Waimarino block, about 10 o miles (15 kilometres) to the west of the central volcanoes. The Main Trunk Railway line and State Highway 4 (formerly known as the main trunk road) run through the middle of o the Waimarino 4 block. Only 4.7 perches of Waimarino 4AIB, set aside as an urupa, remain in Maori freehold title out a total of 3450 acres. An area of 824 acres from the o Waimarino 4B2 subdivision is held in general freehold title by owners who were among the successors to the Maori freehold title to this subdivision. Private buyers purchased two subdivisions of the Waimarino 4 block, with a combined area of 336 acres. The Crown later acquired one of these subdivisions. The Crown purchased or compulsorily H acquired the remainder of the Waimarino 4 land from Maori ownership for a variety of public works purposes. This chapter examines the Crown's role in these alienations and the fate of the land acquired for public works. The chapter also examines the attitude of the Maori landowners to the Crown's efforts, looking at whether they willingly agreed to the Crown's acquisition of their lands.
7.2 Early leasing and partition in the Waimarino 4 block
The Waimarino 4 block was originally designated as a non-seller block of 3450 acres and allocated to 15 owners of the Ngati Maringi, Ngati Kahukurapango, Ngati Atamira and Ngati Ruakopiri hapu. Why Butler selected this location for the Wairnarino 4 non-seller block is uncertain. The sketch plan on the Waimarino 4 partition order and Dalziell's survey map ML 1368, of March 1895, both place 'Waimarino village' in the south-east corner of the block. The presence of this village along with the fact that the block was on
I 153 the railway and road lines may have influenced the selection of the site. By the early
217 twentieth century is not certain that the Waimarino village was still occupied. o In June 1905 Charles McDonnell signed an agreement with six. out of the fifteen owners ofWaimarino 4, to lease the block for 21 years at an annual rate of six shillings per acre. McDonnell was effectively leasing 8 Y2 shares worth of land out of the 15 shares into n which ownership of Waimarino 4 was divided. This was equivalent to approximately 1955 acres out of the total area of 3450 acres. The land involved in this lease was the n unforested area to the east of the railway, with the lease stipulating that the lessee was to pay all rates and taxes. The removal of the rate and tax burden, together with the revenue n gained from rent must have been an incentive for owners to lease their land. The lease also stipulated that lessors reserved the right to resume land not exceeding 100 acres in o the south-eastern corner of the block. Presumably this south-eastern land included the site of the Waimarino village, which may have been unoccupied by this time. The lease did not include timber cutting rights.218 H While negotiating this lease agreement with some of the owners of Waimarino 4, McDonnell also appears to have been negotiating a separate agreement to purchase the
rights to the timber on Waimarino 4. This agreement, signed by owners holding 8 9/16 of the shares in Waimarino 4, approved McDonnell having the timber rights to 1450 acres of land to the west of the railway. There were a series of complications before the Aotea 11 District Maori Land Board recommended the approval of this timber grant. Waimarino 4 was, without McDonnell's knowledge, partitioned in October 1905 and again in June 1907. These partitions ran through the areas McDonnell had leased and applied for timber grants on. With the new partitions, some of the owners who had signed the timber grant agreement with McDonnell no longer owned land that had timber on it, while some of the owners in the western forested areas were people who had not signed the original
2l7ML 1368; Partition Order Waimarino 4 BOF WH 564 vol 1, Aotea MLC 218 Alienation file Waimarino 4, MLC-WG 3/1911/118, NA Wellington. See in particular President, ADMLB, to Under-Secretary Native Department, 11 January 1912.
154
i 1 agreement. It was not until January 1912 that McDonnell finally obtained all the necessary signatures and in February 1912 the Crown approved his timber licence.219
The Waimarino 4 block was partitioned into two subdivisions, on 4 October 1905. The southern subdivision, Waimarino 4A, was a block of 1120 acres allocated in five equal shares to five owners. The northern subdivision, Waimarino 4B, was an area of just under 2228 acres, allocated to ten owners in ten equal shares. Two further partitions were carried out in June 1907. On 5 June 1907, Waimarino 4B block was subdivided into the 224-acre Waimarino 4B 1 subdivision and the Waimarino 4B2 subdivision, of just under 2004 acres. Waimarino 4Bl had Ngahuia Te Oro, (also known as Ngahuia Mangumangu) as its sole owner, while Waimarino 4B2 was allocated to 18 owners who between them held nine shares in unequal parts.220 On 10 June 1907 the Waimarino 4A block was partitioned into five subdivisions. Eight owners held eight equal shares in the Waimarino 4Alblock of 220 acres. Six owners held 265 shares unequally in the 262-acre Waimarino 4A2 block. The 175-acre Waimarino 4A3 block was allocated to one owner, Raina Whitia. Three owners held 360 shares unequally in the 350-acre Waimarino 4A4 block. Two owners held 57 lh shares each in the 112-acre Waimarino 4A5 block.221
Charles McDonnell considered that these partitions impinged on his interests, both in terms of the lease he had signed for land in Waimarino 4 and for his timber licence. He therefore applied to the Aotea District Maori Land Board on 6 May 1911 to call a meeting of the combined owners of Waimarino 4. The meeting was to consider the resolution, 'That the land or any part of it shall be vested in the Board for leasing under part XIV of the Native Land Act 1909'. The meeting was well attended with 16 owners present. The records for the number of owners for the combined Waimarino 4 blocks in 1911 have yet to be been located, but in 1907 there was a total of 39 owners. This
219 Alienation file Waimarino 4, MLC-WG 311911/118, NA Wellington. See in particular President, ADMLB, to Under-Secretary Native Department, 11 January 1912. 220 Partition order Waimarino 4Bl, 5 June 1907, BOF WH 564 vol 2, Aotea MLC; Partition order Waimarino 4B2, 5 June 1907, BOF WH 564 vol 2, Aotea MLC 221 Partition order Waimarino 4Al,10 June 1907, BOF WH 564 vol 2, Aotea MLC; Partition order Waimarino 4A2,10 June 1907, BOF WH 564 vol 2, Aotea MLC; Partition order Waimarino 4A3,10 June 1907, BOF WH 564 vol 2, Aotea MLC; Partition order Waimarino 4A4,10 June 1907, BOF WH 564 vol 2, Aotea MLC; Partition order Waimarino 4A5,10 June 1907, BOF WH 564 vol 2, Aotea MLC 155 meeting voted against the resolution and Waimarino 4 was therefore not vested in the
222 Board for leasing. o 7.3 Public Works takings for Defence Purposes from Waimarino 4
The first public works takings recorded on the Certificate of Title for Waimarino 4 were n two takings for public roads. These consisted of an area of just under 23 acres taken in October 1910, followed by an area of just over 6 acres taken in November 1910. The plan n WD 2336 shows that at some point in the late nineteenth or early twentieth centuries, no specific date being given, at least 56 acres were taken from Waimarino 4 for railway n purposes.223 u In 1911 the Government, having already established compulsory military training, set out to establish a Territorial Force for the defence of New Zealand.224 As part of this process two large areas were set aside as training grounds for the newly created force, one in the Waimakariri district and one in Waimarino. The AJHR of 1911 described an area of 23,800 acres as set aside for the Waimarino training district, but the [mal area taken was H some 27, 486 acres. As part of this area, the Crown initially took just under 1417 acres of land from Waimarino 4. Proclamation 687, effective from 25 February 1911, declared that the area in question had been taken from Waimarino 4 for defence purposes, under Part IX of the Public Works Act 1908. The area taken was located on the eastern side of the Waimarino 4 block. It consisted of that area of the Waimarino 4B2 subdivision located to the east of the railway line, along with the Waimarino 4A5 subdivision and the 63-acre area of Waimarino 4A1 located to the east of the Te Kuiti to Bulls roadway. On 24 January 1912, proclamation 758 under the Public Works Amendment Act 1909 revoked the taking of just under 367 acres of the land taken in the original proclamation 687, on the grounds that the land was not required for the purposes for which it had
222 Application to summon meeting of owners ofWaimarino 4,6 May 1911, MLC-WG 3/19111118, ANZ; Minutes of meeting of owners Waimarino 4,27 June 1911, MLC-WG 3/1911/118, ANZ; Minute Sheet, 6 May 1911, MLC-WG 3/19111118, ANZ 223 CT 1911241 Waimarino 4; ML 2336 224 I McGibbon. The Path to Gallipoli: De/ending New Zealand 1840-1915, Wellington, GP Books, 1991, Chs 13 & 14 156 D n D o originally been taken. The area of land for which the taking was revoked consisted of that area covering Waimarino 4A5 and the approximately 63-acre section of Waimarino 4Al. o It is not clear why this area was revoked, as no evidence has emerged of specific objections to its inclusion in the area taken for defence purposes. This left 105 i acres of o Waimarino 4B2 taken for defence purposes.225 The owners of Waimarino 4 appear to have been neither well informed about the taking n of land nor happy with the Government's decision to take it. In a letter of objection to the Minister of Public Works, dated 29 February 1912, Haitana Te Kauhi and 12 others objected to the taking of land for roads, the railway station site and railway lines, for which they stated they had not been compensated. The objectors also claimed the Crown o had taken earth and gravel from Maori land to build these roads and railway lines, without paying compensation. They objected to the Crown's proposal to take land for a n scenic reserve. They further stated that, 'We notice you propose to take part of this land for' purposes of the Defence System'. It does not appear that the landowners had been H kept informed with regard to this issue, as by this time the land for defence purposes had already been legally acquired by the Crown. The objectors offered to meet with the n Minister at Raetihi in order to negotiate an agreement over the issues raised. The Assistant Under-Secretary of Public Works passed the letter on to the Under-Secretary of Lands for comment. The Under-Secretary of Lands replied that the Ministry of Public Works should be 'in full possession of the facts' regarding the issues raised that did not relate to the scenic reserve. He therefore declined to address issues other than those relating to scenic reserve takings. The full text of the English translation of the objector's letter is reproduced in the section below dealing with scenic reserve issues.226
On 19 March 1912, Judge W E Rawson gave his d~cision on compensation for the owners and the lessee of the land taken from Waimarino 4B2, following the hearing of
225 CT 1911241 Waimarino 4; AJHR 1911, vol 4, H-19, P 5; NZ Gazette, No 13, 16 Feb 1911, p 616; NZ Gazette, No 2,11 Jan 1912, p 16 226 Te Kauhi and others to Minister of Public Works (translation), 29 February 1912, ABKK W4069 Box 12252/6 ANZ; Assistant Under-Secretary Public Works to Under-Secretary Lands, 14 March 1912, ABKK W4069Box 122 52/6ANZ; Under- Secretary Lands to Under-Secretary Public Works, ABKK W4069 Box 12252/6ANZ 157 D D a evidence at a sitting of the Native Land Court at Taihape. A total of II owners, holding g unequal numbers of shares equivalent to around 904 acres within the area taken, had leased their land to Charles McDonnell. These owners were awarded a total of £452 Is o 5d, paid out in proportion to the number of shares they owned. Five owners had not leased their share of the land and between them held an unequal number of shares equivalent to just under 146 acres of land. They were awarded a total of £87 lOs, divided n among them in proportion to the amount of shares they held. McDonnell, as lessee, was awarded £200, which included an allowance for the proportion of survey lien he had paid o for the portion of land taken. He was also allowed a deduction of £22 12s from his annual rent for land in the Waimarino 4B2, with that deduction to be divided among the lessors o in proportion to how many shares they held in the land leased.227 o The AJHR of 1911 noted that the land designated as the Waimarino defence training ground was reserved for manoeuvre purposes only and that it was not intended to erect n huts or permanent encampments there. It is unclear at the time of writing whether the land taken for the military training ground was ever used for these purposes. No evidence H of this area being used as a training ground during the First World War or in the 1920s or 1930s, has been uncovered in the course of this research project.228 u Following the release, in 1907, of the Cockayne-Turner report on the Tongariro National u Park, a variety of individuals and groups with interests in outdoor recreation, science, scenery and nature conservation had been applying pressure on the Government to expand the area of the National Park. The outbreak of the Great War in August 1914 meant that this issue was put on hold, but the pressure to expand the National Park was resumed in late 1918. Among the proposals put before the Government was one that the entire Waimarino military training ground be incorporated into the National Park. When the Tongariro National Park Act became law in 1922, among the areas added to the park
227 Declaration of the NLC, 19 March 1912,in WH 564, vol2, AoteaMLC 228 AJHR 1911, vol 4, H-19, P 5 158 D n o D were 15,312 acres that had been part of the Waimarino defence training ground.229 Included in this area, as described in the schedule attached to the National Parks Act o 1922, included that part of the original Waimarino 4 block bordered on the west by the Taumarunui to Bulls roadway and to the north-east by the Waimarino to Tokaanu road.23o This included not only 649 acres of land that had been part of Waimarino 4B2, but also the Waimarino 4A5 subdivision and the 63-acre area of Waimarino 4Al located to the east of the Te Kuiti to Bulls roadway. The areas of Waimarino 4Al and 4A5 had D originally been included in the land taken for defence purposes but then re~ed to their owners in 1912. It appears their inclusion in the land proclaimed for the National Park was a bureaucratic oversight. A gazette notice was placed in April 1924, altering the National Park boundaries to specifically exclude Waimarino 4A5 and the 63-acre section o of Waimarino 4Al, which therefore remained as Maori freehold land. The 649-acre . ,section. of Waimarino 4B2, bordered on the west by the Taumarunui to Bulls roadway, on n the north-east by the Waimarino to Tokaanu road and to the south by the northern boundary of 4Al, remained part of the Tongariro National Park. 231 H The inclusion of the Waimarino defence training ground in the National Park did not necessarily mean it was no longer needed as a military training ground. The Tongariro National Park Amendment Act 1927 allowed the Minister of Defence the right to use any area of land within the National Park for military purposes, provided that the area in question had been set aside for defence purposes before the commencement of the Tongariro National Park Act 1922?32 It is clear that, by the time of the Second World War, none of the land that had originally been part· of the Waimarino defence training ground was being used for any military training purposes. The New Zealand Gazette of 21 November 1940 declared that the approximately 12,000 acres of the Waimarino defence training ground was no longer required for the purposes for which it had been acquired. The land was therefore to be declared Crown land. Two areas that had been part
229 WW Harris, 'Three Parks: An analysis of the origins and evolution of the New Zealand National Park Movement', MA thesis, Geography Department, University of Canterbury, 1974, Chapter 6. See in particular pp '85-94. 230 Schedule attached to Tongariro National Park Act 1922 231 Schedule attached to Tongariro National Park Act 1922; NZ Gazette, No 22, April 10; 1924, p 857 232 Clause 5, Tongariro National Park Amendment Act 1927 159 of Waimarino 4B2 were specifically effected by this declaration. One was the area of n Waimarino 4B2 covering around 346 acres in section 1 block IV of the Manganui Survey District and located between the railway and the Te Kuiti to Bulls road. The other was the o area of 55 acres from the north-western comer of Waimarino 4B2, to the north-west of the Waimarino-Tokaanu road. In a further gazette notice of 24 April 1941, an area of 11,655 acres that had been part of the Waimarino defence training ground was designated as permanent state forest. The 55-acre north-western section of Waimarino 4B2 was included in the new area of state forest. This area appears to now be part of an area of n former state forest vested in Landcorp Farming Ltd in the early 1990s. 233
The 346-acre area of section 1 block IV Manganui Survey District, located between the Main Trunk Railway and the Taumarunui to Bulls road, was also added to the Tongariro o National Park. This addition was made in June 1941 under Section 2(1) of the Tongariro National Park Amendment Act 1927. The area was later, in March 1951, removed from n the Tongariro National Park under Section 2(2) of the same Act. On 9 September 1955, section 1 block N Manganui Survey was leased, under the Land Act 1948, as farmland H with a thirty-year renewable lease. The area in question is open land cut by several small streams, originally mostly tussock and scrub, with some swamp ground. The lessees used the land for grazing sheep.234
The area of section 1 block IV Manganui Survey District was leased under a thirty year n renewable lease up until the 1993. At some unidentified point in time prior to May 1992, the Office of Crown Lands, a section of the Department of Survey and Land Information (DOSLI), made a decision to return the land to its Maori owners once the lease expired. The lease expired on 31 March 1993, from which point the land was leased on a month to month basis while the Office of Crown Lands tried to identify the descendants of the original Maori owners. Land Information New Zealand (LINZ) administered the section
233 NZ Gazette, No 118, November 21 1940, P 3440; NZ Gazette, No 37, I May 1941, p 1079; Plan ofPt Waimarino Defence Training Ground SO 20591; Plan of Land to be Invested in Landcorp Farming Ltd S036609 . 234 NZ Gazette, No 52, 19 June 1941, P 1866; NZ Gazette, 29 March 1951, P 431; Plan of Pt Waimarino Defence Training Ground SO 20591; CT 671180 Section 1 Block IV Manganui SD; R QHughes, Regional Valuer, to W Smith, Regional Manager, 27 September 1994, LG 238-I-DWN, LINZ Wellington 160
11 from 1996 and continued the process of trying to locate the successors to the original owners. In May 1995 the lessee, Mr Forbes, died. The lease was not taken up by his family but instead appears to have been acquired by Peter and Tanima Pehi, of National Park, who had been interested in the area for some time and claimed a right to it through descent from the original owners. At the time of writing LINZ is still trying to trace all the descendants of the original Waimarino 4B2 owners, in order to arrange a transfer of the lands.235
The 649 acres of Waimarino 4B2, incorporated into Tongariro National Park in 1922, remains part of the National Park. The 55 acres in the north-eastern comer ofWaimarino 4B2 appears to still be Crown land administered by Landcorp.236
7.4 Land taken from Waimarino 4B2 for a Scenic Reserve
On 11 May 1912, the Govemment took just over 128 acres ofland from Waimarino 4B2 for a scenic reserve. This particular taking has been covered in some detail in Phillip Cleaver's report on public works takings and will therefore only be dealt with briefly in the following account. As discussed in Chapter 3, the Scenery Preservation Commission, in 1905, began to investigate the possibility of creating a series of scenic reserves surrounding the main trunk line as it traversed the Waimarino plains. The scenery commissioners were particularly concerned to protect areas of bush that would be visible from trains travelling the Main Trunk Railway. Such areas of bush were already being destroyed in the process of building the railway, as well as through farming and logging activities.237 In early 1907 the Scenery Preservation Board of the Wellington land district made an inspection tour of the lands along the Main Trunk Railway between Marton and
235 N S Phillips, for Commissioner of Crown Lands, to B A Lloyd, 12 May 1992, LINZ 50501D08-DNO; W Smith, Regional Manager DOSLI to Mr Mark, 10 October 1994, LG 238-1-DWN, LINZ Wellington; T Horsfall, Public Trust Officer, to District Manager, DOSLI Wellington, 25 May 1995, LG 238-1-DWN, LINZ Wellington; J Nash, Harris Harvey Nash solicitors, to Regional Manager, DOSLI, 4 August 1995, LG 238-1-DWN, LINZ Wellington; M Verhuel, LINZ, to P & T Pehi, 30 April 1997, LG 238-1-DWN, LINZ Wellington 236 Commissioner of Crown Lands to Thompkins, Wake and Co, 6 December 1985, LINZ 20/90-4-DWN, LINZ Wellington; Commissioner of Crown Lands to J Pehi, 13 May 1992, LINZ 5050/D08-DNO 237 As a result of the Scenery Preservation Amendment Act 1906, the Scenery Preservation Commission was replaced by a number of district Scenery Preservation Boards. 161 n n n Taumarunui. In March 1907, the board made report containing a large number of o recommendations for the compulsory acquisition of lands for scenic reserves along the Main Trunk line, including over 3000 acres of Maori land. In the end a much smaller area o of land was acquired than that originally recommended by the board. Cleaver suggests that the taking of a smaller area may have been partly a result of the fact that, by the 1910s, some of the bush in the areas originally recommended had already been cut o down. 238 o The scenic values of the bush on the western side of Waimarino 4 had already been brought to the attention of the Scenery Preservation Commission in 1906 in a letter from o John Ammunson. Ammunson pointed out the scenic and conservation values of the bush and expressed his concern that the Maori owners had already sold the timber cutting o rights. In their report of March 1907, the Scenery Preservation Board recommended that 1100 acres of bush in Waimarino 4 be acquired for scenic reserves. In the meantime the o Aotea District Maori Land Board did not approve Charles McDonnell's timber cutting rights for Waimarino 4 until 1908. Included in the land board's recommendation to the H Native Minister was.a clause that, should the land in question be taken for a scenic reserve, McDonnell would not be entitled to receive any compensation from the Government. Despite the fact that McDonnell had received approval for his timber cutting rights, the Lands Department did not appear to have seen any need for urgent action to acquire scenic reserve land in the Waimarino 4 block. It was not until the 20 January 1912 that a notice appeared announcing the intention to take 128 acres 1 rood 2 perches ofland from Waimarino 4 for a scenic reserve, under the Public Works Act 1908 and the Scenery Preservation Act 1910.239
Following the announcement of the Government's intention to take land for a scenic reserve, Haitana Te Kauhi and eight other objectors wrote their letter of29 February 1912
238 'Appendix 2: The Scenery Preservation Amendment Act 1906- Report' in AJHR 1907, C-6, pp 33-38; P Cleaver, Public Works Report (draft), 2003, Ch 2, pp 2-5 239 Ammunson to unknown (extract), 2 January 1906, ABWN 7610 W5021 box 813 189 Pt I, ANZ; 'Appendix 2: The Scenery Preservation Amendment Act 1906- Report' in AJHR 1907, C-6, P 37; Commissioner of Crown Lands to Under SecretaryLands and Survey, 28A,mill908,ABWN7610W5021 box 813 189 Pt 1, ANZ 162 to the Minister of Works. This letter, as discussed above in relation to land taken for defence purposes, raised their concerns over a series of Government actions in Waimarino 4, with a particular focus on the scenic reserve proposal:
We the persons who have subscribed our names here to altogether object to the above named piece of land or any part thereof being reserved as Scenery or for any other purpose of the Government. We state our objections: 1. We desire that this land be left as a home and for the cultivation of our children after us. 2. A railway line has been laid over this land and you people have not yet paid us for the part so taken. 3. You have not yet paid us for the earth and gravel which you took off this land, for road and railway. 4. You have not yet paid us for the area taken for the road which has been made over the land for the benefit of the General Public. S. We have sent in an application for subdivision of the land by the Native Land Court due to sit at Taihape on the 1st March, 1912. We shall know then who will be awarded the part you propose to take. 6. We notice that you propose to take part of this land for purposes of the Defence System. 7. You have not yet paid us for the portion taken as a site for the railway station.
These are our objections and proposals and if they are not clear to you you had better come to Raetihi, where we shall supplement those with many others, after which we may come to some mutual agreement.240
The nine signatories to the objection included Raina Witia (who was probably the same person as Raina Whitia), Te Kura Te Kanga, Te Oro Kairakau, Ngahuia Te Mangumangu, Taurerewa Tuharetoa, and Mataera Rongomai. These people were all listed as owners for
240 Te Kauhi and others to Minister of Public Works (government translation), 29 February 1912, ABKK W4069 Box 122 52/6, ANZ 163 Wairnarino 4. The other signatories were Haitana Te Kauhi, Pureti Te Hitana and Ngarimu Te Mangumangu. It is possible that these people were also owners in Waimarino 4 under alternate names.241
The Under-Secretary of Public Works passed this letter on to the Under-Secretary of Lands, requesting that a report be made on the objections. The Under-Secretary of Lands o declined to address any issues other than those relating to the scenic reserve. Regarding point 1 of the letter, he stated that the owners were not living on the land and did not o seem inclined to do so. This led him to conclude, 'their express wish to use it as a home does not appear to be sufficiently strong to warrant the relinquishment of the scenic n ; reserve'. He did not believe that the other points raised in the letter provided grounds to prevent the Government taking the land for a scenic reserve?42 n
The Under-Secretary of Public Works then wrote to the objectors setting out the official n responses to the issues they had raised. He stated that the objection to the establishment of the scenic reserve was rejected on the grounds that there was no evidence that the H owners were currently living on the scenic reserve area. The other issues raised were dismissed as irrelevant to the scenic reserve takings. The Under-Secretary further claimed that any losses to the owners from the taking of land and the use of gravel and soil for the building the railway had been more than offset by the increased value given to the land by the presence of the railway. As for the taking of land for defence purposes, the under secretary pointed out that the compensation for this land had now been awarded by the Native Land Court and would soon be paid to the owners.243
The Native Land Court hearing to determine compensation for the scenic reserve land was held on 25 February 1913 at Wanganui. Mr Bold, who appeared representing the Public Works Department, argued that the compensation to be paid should be £97. He
241 Te Kauhi and others to Minister of Public Works, original, 29 February 1912, ABKK W4069 Box 122 52/6, ANZ; CT 1911241 Waimarino 4 242 Assistant Under-Secretary Public Works to Under-Secretary Lands, 14 March 1912, ABKK W4069 Box 122 52/6, ANZ; Under- Secretary Lands to Under-Secretary Public Works, ABKK W4069 Box 122 52/6, ANZ 243 Under- Secretary Public Works to Rini and others, 2 April 1912, ABKK W4069 box 122 52/6
164 based this on the government valuation of £ 1 per acre for the 93 acres of bush in the reserve and 2s 6d per acre for the remaining swampland. Bold called the Crown lands ranger, Harry Lundius and the District Government Valuer, David Craig, as witnesses to support this valuation. Craig was also present at the Court in the role of representative for the lessee Charles McDonnell. Mr Harris was present as representative for a group of owners made up of the successors of Te Ao Kairakau and Te Waonuiatane, Ngawini Te Wao, the children of Tarerewa and the Tawhero family. After presenting some evidence Harris asked for and was granted an adjournment until he could make his own inspection of the 1and.244
The hearing on compensation was reconvened on 29 May 1913. Harris called three witnesses, Thomas Harris and William Rodgers, both sawmillers, along with Albert Allaway, an experienced bushman and sawmill hand. All three had taken part in an inspection of the scenic reserve area in March of that year. Following the evidence presented by these witnesses, Harris, the owners' representative, argued that the timber on the land had a value of £5 to £7 per acre. Craig, appearing as representative for McDonnell, argued that the Crown should compensate his client for the land taken from the area he had leased, including an area that would have been suitable as a location for a sawmill. Bold, in summing up for the Crown, pointed out that under their agreement with McDonnell, the owners would have only been paid 1 shilling per hundred feet of timber cut. 245
The Native Land Court decided to carry out its own inspection of the scenic reserve area, given the significant differences in estimated value of the land and timber. The Native Land Court's conclusion was that the owners' evidence was largely upheld. The Court set a value on the timber of £3 lOs per acre, based on the figures of 1 shilling per 100 feet of timber and an estimate of 7000 feet of timber per acre of land. This figure, when added to a land valuation of £1 2s 6d per acre, produced a combined value of £4 12s 6d per acre for the bush areas of the scenic reserve. For 92 acres 2 roods 1 perch the Native Land
244 WMB 64, 25 February 1913, pp 104-107 245 WMB 64, 29 May 1913, pp 333-335
165 ~~~-~--~~~-~--~-~~-----~-~------~------~-~
Court set an overall value of £427 l6s 9d. When the 35 acres 3 roods 1 perch of open country, valued at 5 shillings an acre, was added to this the total came to £436 l6s 9d. This figure was divided up among the 17 owners of Waimarino 4B2 according to their respective shares. The Court awarded McDonnell £10 for the open land taken out of the area he had leased. They did not award him any compensation for the timber as the Aotea District Maori Land Board had made it a condition of the timber grant that no o compensation would be paid for land taken for scenic purposes. The Court adjusted McDonnell's rent to reflect the smaller area of land now being leased. 246
In 1973 the scenic reserve was regazetted as a scientific reserve. 247 The area was considered deserving of scientific reserve status due to 246 WMB 65, pp 37-39 It is interesting to note that the trustees for Parekotuku te Oro, a ten year old girl who received £24/5/5, were Te Kakahi Neha and Albert Allaway, Allaway being the mill hand who gave evidence on timber valuation. The trustees for Mokopuna Tira Koroheke, a 19 year old girl who received £97/1/6 compensation, were Tira Koroheke and A B Harris. This may have been the same Mr Harris who appeared in Court as the owners' representative. 247 P R Askwith for Chief Surveyor, Department of Lands and Survey, to Registrar, Aotea MLC, 19 May 1982, Waimarino 4 file, 20f90-4-DWN, LINZ Wellington 248 J M Stewart, District Surveyor, Department of Lands and Survey, to Chief Engineer, Ministry of Works and Development, 15 December 1982, Waimarino 4 file, 20/90-4-DWN, LINZ Wellington 166 11 D o D D the Waimarino 4 'blocks. This created a total of around 1256 acres or about 36% of the original Waimarino 4 block compulsorily acquired by the Crown.249 o 7.S The Sale of Waimarino 4AS and Waimarino 4Bl and the leasing of Waimarino D 4B2, 4A2 and 4A3 On 11 June 1907 the 112-acre Waimarino 4A5 block was partitioned out from Waimarino o 4A. Topine Turoa and Mana Taruki Te Hitana, also known as Mana Taruke, were named as owners, each holding 57 Yz shares. On 25 January 1912, Mana Taruke exchanged lands with Te Kauae Te Aitua Terake, also known as Te Kauae Aitua. Te Kauae Te Aitua Terake thus came to hold all the shares in Waimarino 4A5 that had originally been held by Mana Taruke. In October 1919 a Pakeha farmer, James Edmund Crowe, signed an agreement with Te Kauae Orangi, to lease Waimarino 4A5 for 42 years from 1 July 1919. Te Kauae Orangi may have been the sallle person as Te Kauae Te Aitua Terake. The n application for approval of this lease was dismissed in May 1922 as the block had been sold by that time. The Waimarino 4A5 block was sold to Edmund Crowe, a relative of 8 James Edmund Crowe, in May 1920. Both of the Crowes were farmers from Ohakune and both were represented by the same solicitor, T A Harris. Edmund Crowe originally n agreed to buy Waimarino 4A5 for £84 but the figure was then raised by mutual agreement to £100. The owners at the time of sale were Te Kauae Te Aitua Terake, Rehara Topine, and Tira Kahurangi Wiari. The Aotea District Maori Land Board confirmed the sale in May 1922?SO Edmund Crowe mortgaged Waimarino 4A5 to James Edmund Crowe in August 1923. In early 1924 the mortgage was transmitted to Jean Crowe, who appears to have been James Edmund Crowe's widow. Later in 1924 Edmund Crowe transferred Waimarino 4A5 to Jean Crowe.251 The Crowes built up considerable interests in Waimarino 4. The 224-acre Waimarino 4B 1 block had been partitioned out from Waimarino 4B on 5 June 1907 with 249 ML 2336 250 Partition Order Waimarino 4A5, 11 June 1907, BOF WH 564 vol 2, Aotea MLC; Order of Exchange Waimarino 4A5, 25 January 1912, BOF WH 564 vol 2, Aotea MLC; Waimarino 4A5 alienation file, MLC WG 3/19211156, ANZ 251 CT 296/202 Waimarino 4A5 167 only one owner, Ngahuia Te Oro, also known as Ngahuia Mangumangu. By May 1922 nine successors owned the block in unequal shares. In 1922 James Edmund Crowe purchased the shares of six of the nine owners of the Waimarino 4B 1 block. Crowe paid a o total of £ 146 for the shares of these owners, which amounted to 10/18 of the shares in the block.252 At some point after this date Crowe purchased the shares of two more of the n owners, Te Rangipohia Ngarongo and Kauiranga Taipoto. James Edmund Crowe died at some point in 1923 and his interests passed to Jean Crowe. Jean Crowe completed the purchase ofWaimarino 4Bl when she bought up the 116 share ofParekotuku Ngatapa for n £37 7s 2d in 1924.253 n James Edmund Crowe had also leased three blocks of land in Waimarino 4. In 1922 he had secured a lease through the Aotea District Maori Land Board over the 824 acres of n Waimarino 4B2 that still remained under Maori ownership. Crowe also bought the lease of the 175-acre 4A3 block from Richard Bock. Raina Whitia, the owner of Waimarino n 4A3, had leased the block to George Wyndham Henderson for 42 years from 30 November 1911. This lease had been transmitted to George Bock as Henderson's H executor in 1923. Bock transferred the lease on to James Edmund Crowe. The lease was then transmitted to Jean Crowe on J E Crowe's death. Jean Crowe bought the timber rights to Waimarino 4A3 in 1924. She also inherited the lease for the 262-acre Waimarino 4A2 block, which J E Crowe had acquired at some earlier date. By 1924, Jean Crowe had acquired the freehold title to Waimarino 4A5 and 4Bl and the leasehold titles to Waimarino 4B2, 4A2 and 4A3, along with the timber rights to Waimarino 4A3. She then proceeded, in June 1924, to sell her freehold and leasehold interests to the Waimarino Development Company for £2500. Jean Crowe had already agreed, in July 1923, to sell her interests to Alexander Farmer. The Waimarino Development Company was the company that Farmer and his business partner John Alfred Bush formed in February 1924.254 The Crown purchased just under 5 acres ofland from Waimarino 4A5 in August 252 The owners in question were Te Rehina Ngatapa, Toroa Ngatapa, Kawhena Te Hore, Te Araara Ngarongo, Hone Ngarongo and Whaitiri Taipoto. See Particulars of title of Owners, 13 May 1922, Waimarino 4B1 alienation file, MLC-WG, 31788, ANZ 253 Waimarino 4B1 alienation file, MLC-WG, 31788, ANZ; CT 302/178 Waimarino 4B1 254 CT 297/32 Waimarino 4B2; CT2881152 Waimarino 4A3; Soli~itor for the ADMLB to Messrs. Marshall, Izard and Wilson, 26 July 1943, Waimarino 4A5 alienation file, MLC-WG, 3119211196, ANZ 168 o D D o 1938. This was followed by the compulsory acquisition for prison purposes of the remainder ofWaimarino 4A5 in 1939. This area was to be used for the building of the o Waikune prison.255 On 21 November 1951 the Aotea District Maori Land Court ordered the Waimarino Development Company to surrender its leases of Waimarino 4A2 and D 4A3, following votes to that effect by meetings of assembled owners.256 o 7.6 The sale ofthe Waimarino 4A blocks in the 1960s In October of 1954 the Secretary for Justice wrote to the Secretary of Maori Affairs concerning a developing situation regarding the Waikune Prison. The prisoners at Waikune had up until this time been employed on road works in the vicinity. The Justice n Department was concerned that the available roadwork was running out. Therefore the Justice Department was inquiring into the possibility of acquiring the Waimarino 4AI, n 4A2, 4A3 and 4A4 for 'future development purposes'. The Secretary of Maori Affairs replied that the lands in question, as Maori freehold lands, were private and could not be 9 alienated without the owners' permission. He therefore suggested that the Justice Department should investigate either leasing or buying the Waimarino 4A blocks, but doubted whether the owners would want to sell. The Registrar and District Officer of the Aotea District reported that the Waimarino 4A blocks could not be recommended for development due to their altitude of 2000 feet above .sea level. This information was passed on to the Justice Department who decided to abandon any efforts to acquire the Waimarino 4A blocks.257 In early 1958 the Justice Department revived the idea of purchasing the Waimarino 4A blocks and asked the Maori Affairs District Officer based in Wanganui to get permission 255 CT 296/202 Waimarino 4A5; CT 465124 Waimarino 4A5; CT 465/25 Waimarino 4A5 256 Order for Surrender of Lease of Waimarino 4A2, Aotea District MLC, 21 November 1951, BOF WH 564, vol 1, Aotea MLC; Order for Surrender of Lease of Waimarino 4A3, Aotea District MLC, 21 November 1951, BOF WH 564, vol 1, Aotea MLC 257 Secretary for Justice to Secretary for Maori Affairs, 5 October 1954, MA 1 Box 27 5/5/17, ANZ; Secretary for Maori Affairs to Secretary for Justice, 11 October 1954, MA 1 Box 27 5/5/17, ANZ; Registrar and District Officer, Aotea MLC, to Head Office, Maori Affairs, 24 November 1954, MA 1 Box 27 5/5/17, ANZ; Secretary for Maori Affairs to Secretary for Justice, 30 November 1954, MA 1 Box 27 515/17, ANZ; Secretary for Justice to Secretary for Maori Affairs 23 December 1954, MA 1 Box 27515/17, ANZ 169 from the Maori owners for Lands and Survey officers to inspect the lands in question. After some shuttling backward and forward of paper, the district officer was able to identify that of the nine principal owners of the four blocks, two were deceased, two had o not been located and four gave permission for an inspection to go ahead. Following the inspection of the blocks the Department of Lands and Survey made purchase offers to the owners of the various blocks, in line with the valuations made by the Valuation o Department. o Table 14: Valuations and Department of Land and Survey offers to owners 21 £"lI. ..~ ... 'n.1959 n Waimarino 220a Or 36p £169 £345 £520 n 4AI Waimarino 262a 2rOp £246 No timber £246 4A2 Waimarino 174a lr Op £100 £285 £385 4A3 350a Or 25p £220 £575 £795 H Meetings of owners for all of the blocks in question were held on 30 October 1959, only to have the owners of all the blocks reject the Crown's offers. It is not clear from the information available whether the owners rejected the Crown's offers as being too low or whether the owners were opposed to the sale of land per se. The Department of Justice remained determined to purchase Waimarino 4Al to 4A4. The Department of Lands and Survey made inquiries among the owners on behalf of the Department of Justice, regarding the sale of the blocks. The Director-General of Lands and Survey advised the Secretary of Maori Affairs that Waimarino 4A2 and 4A4 were the two blocks that would be of most value to the Justice Department. The two blocks contained the majority of the open ground in southern Waimarino 4 adjacent to the main highway. The Director General advised that any meeting of owners should be called at a time when a specific 170 o n D o owner, Te Pokaiaua Kurukaanga, could attend. Mr Kurukaanga was a large shareholder in o both blocks and was in favour of sale to Crown.258 On 6 August 1960 meetings of the owners ofWaimarino 4Al, 4A2 and 4A4 were held at Raetihi to discuss a number of proposals concerning these blocks. The owners of D Waimarino 4Al met to discuss the granting of timber splitting rights on the block to Hauata Keepa. Four owners were present out of a total of 30. The owners were Fred Haitana, Te Mokopuna Tira Karaheke, Matiu Tonga Tanoa and Hore Herewini. They held between them 2.6735 out of the 8 shares in the block. The four owners present D unanimously rejected the idea that timber-splitting rights be granted to Hauata Keepa and the issue was not put to the vote. Discussion at the meeting moved on to the subject of whether the Crown's offer to buy the land should be accepted after all. A resolution was moved by Fred Haitana and seconded by Matiu Tonga Tanoa, to appoint the Maori o Trustee. as agent to sell Waimarino 4AI to the Crown at £175 for the land and £345 for the timber, or at the Forest Service valuation if that should prove higher. This motion was H passed unanimously.259 U Te Pokaiaua Te Kurukaanga, Aorewa Hohepa, Mata Te Oro and Te Po Hohepa also met on 6 August 1960 as owners of Waimarino 4A2 to discuss the motion that the block be sold to the Crown. These four owners between them held 56.25 shares in Waimarino 4A2, with Te Pokaiaua Te Kurukaanga holding or representing by proxy 50 of these shares. At this time Waimarino 4A2 had 15 owners, holding 265 shares in unequal portions. Bryce Briffault of the Lands and Survey Department and Mr Davis of the Forest Service were also present to explain the Crown's reasons for wanting to acquire the land. The motion to sell the land to the Crown was moved by Te Pokaiaua Te Kurukaanga and 258 Director-General of Lands and Survey to Secretary, Maori Affairs, 21 August 1959, MA 1 Box 27 5/5/17, ANZ; E A Hodson for Registrar, Aotea MLC, to Secretary Maori Affairs, 6 November 1959, MA 1 Box 27 5/5/17, ANZ; Director-General of Lands and Survey to Secretary, Maori Affairs, 21 June 1960, MA 1 Box 27 5/5/17, ANZ 259 E A Hodson for Registrar, Aotea MLC, to Chief Surveyor, Department of Lands and Survey, 8 August 1960, MA 1 Box 27 5/5/17, NA Wellington. Mr Hodson was chairman and recording officer at all of the meetings held at Raetihi on 6 August 1960; Statement of Proceedings of Meeting of Registered Owners, Waimarino 4Al, 6 August 1960, Waimarino 4 file, 20/90-4-DWN, LINZ Wellington; Resolution of Assembled Owners Waimarino 4Al, 6 August 1960, Waimarino 4 file, 20/90-4-DWN, LINZ Wellington 171 n n D seconded by Mata Makatea Te Oro. The Statement of Proceedings records that 'the o resolution was carried on a share basis', but gives no more details of the vote?60 The same four owners also met on the same day in their capacity as owners of Waimarino D 4A4, to discuss the proposal to sell the land and the timber on it to the Crown. In this case the four owners between them held 236 shares, with Te Pokaiaua Te Kurukaanga holding o 180 shares. At this time Waimarino 4A4 had ten owners, holding 360 shares in unequal portions. The motion to sell Waimarino 4A4 had the same mover and seconder as in the case of Waimarino 4A2 and again 'the resolution was carried on a share basis'. The o owners of all three blocks wanted the Maori Trustee to manage the sales on their behalf. 261 o The Forest Service carried out an appraisal of the timber on the Waimarino 4Al, 4A2 and n 4A4 blocks on 19 September 1960 .. For Waimarino 4A1 they valued the timber to the east of the road at £229 18s 6d and that to the west of the road at £242 13s 8d, making a n combined timber value of £472 12s 2d. The Forest Service identified 20,900 board feet of miro, matai and totara on Waimarino 4A2, which they valued at £53 4s 7d. On H Waimarino 4A4 the Forest Service identified 470,700 board feet of rimu, miro, matai, totara and kahikatea, which they valued at £1226 lOs 9d. In addition to the Forest Service's timber valuation, the Valuation Department made a special valuation of the land in Waimarino 4A1 and 4A2. The second valuation gave Waimarino 4Al an increased value of £245, being £170 unimproved value and £75 of improvements. The new valuation for Waimarino 4A2 gave it a value of £200. The Crown agreed to add the timber value for Waimarino 4A2, £53 4s 7d, to the original price they had offered for the block, £246. At the Aotea District Maori Land Court sitting of 29 September 1960, at Wanganui, the Court confirmed the resolutions passed at the 6 August meetings and set the amounts to be paid by the Crown. In the case of Waimarino 4Al, the Court agreed with the request of the owners and the Crown that the block be partitioned into 260 Statement of Proceedings of Meeting of Registered Owners, Waimarino 4A2, 6 August 1960, Waimarino 4 file, 20/90-4-DWN, LINZ Wellington; Resolution of Assembled Owners Waimarino 4A2, 6 August 1960, Waimarino 4 file, 20/90-4-DWN, LINZ Wellington 261 Statement of Proceedings of Meeting of Registered Owners, Waimarino 4A4, 6 August 1960, Waimarino 4 file, 20/90-4-DWN, LINZ Wellington; Resolution of Assembled Owners Waimarino 4A4, 6 August 1960, Waimarino 4 file, 20/90-4-DWN, LINZ Wellington 172 Waimarino 4A1A, to be sold, and the 4.7 perches of Waimarino 4A1B, an urupa to be retained by the 4A1 owners. 262 An issue that might be raised over these sales is the fact that the section 309 (1) of the Maori Affairs Act 1953 held that a meeting of assembled owners was properly constituted if three or more individuals entitled to vote were present for the entire meeting. This allowed small groups of owners to sell blocks of land on behalf of the rest of the owners, whether or not the other owners agreed to it. It must be pointed out, however, that no objections were raised in the Maori Land Court to the sales of Waimarino 4A1A, 4A2 and 4A4. Table 15: Valuation and Prices paid for purchase ofWaimarino 4AIA, 4A2 and 4A4 in 1960 Waimarino 219a Or 33.4p £245 £47212s 2d £723 4AIA Waimarino 262a 2r Op £200 £53 4s 7d £300 4A2 Waimarino 350a Or 25p No valuation £1226 lOs 9d £1487 4A4 recorded A further complication to the purchase process arose from the fact that the money for the purchase came from the public works account, as the land was being purchased for a public purpose. The Department of Public Works insisted, despite the fact that the landowners had agreed to sell the blocks in question, that the land had to be technically acquired by proclamation under the Public Works Act 1928. It appears that the process followed was that the Crown purchased Waimarino 4AIA, 4A2 and 4A4, which on transfer became Crown Land. The Crown Land was then set apart for prison purposes by proclamation under the Public Works Act 1928.263 262 WMB 3 folios 153-158,29 September 1960 263 Public Works memo 26 September 1960 on memo Justice to Works 23 September 1960, ABWN 889 w50211178 25/355/1 pt 1; NZ Gazette, No 52,16 August 1961, p 1246 173 The Department of Justice was still interested in acquiring Waimarino 4A3. With this idea in mind, the Valuation Department and Forest Service carried out further valuations ofthe land and timber on this block. The Valuation Department inspected the property on 9 November 1964 and reported that the condition of the lands was unchanged since 1959. They noted that any owner, other than the Justice Department, would face difficulties of access, as the block was cut off from the road and railway by blocks now owned by the Justice Department. The Valuation Department set a value of £200 on Waimarino 4A3. On 21 December 1964, the Forest Service made a report on the value of the timber on Waimarino 4A3. They identified 312,500 board feet of rimu, miro, matai, totara and kahikatea on the block, which they valued at £1152 5s. The report noted that the area had been previously worked over and that the timber remaining was the residue from that time. The Forest Service considered that it would be expensive to log the remaining trees due to the heavy secondary growth and the low volume of timber per acre. 264 A further meeting of Waimarino 4A3 owners was called on 19 November 1965, to discuss selling the block to the Crown. The Department of Lands and Survey specifically arranged the attendance at this meeting of three pro-selling owners whose total shareholdings constituted a majority in the block. One of these pro-sale shareholders was Pokaiaua Te Kurukaanga, who held 25% of the shares in the· block. Waimarino 4A3 was held as one share, of which Te Kurukaanga held 0.25. All the other shareholders were members of the Rihia family. It was over this point that the meeting broke down. The ten Rihia family members at the meeting, led by Tutira Rihia, demanded to know how Pokaiaua Te Kurukaanga had obtained his shares. They maintained that only members of the Rihia family were entitled to be owners of Waimarino 4A3. Te Kurukaanga was not prepared to answer their questions. All the Rihia shareholders therefore voted against the sale, on the grounds that they were unhappy with the idea of any money from the block going to Te Kurukaanga. Rather than go against the rest of the meeting, Te Kurukaanga abstained from voting.265 264 Valuation Report 609/36, 7 December 1964, MA 1 Box 27 5/5/17, ANZ; NZFS Report on Waimarino 4A3, 21 December 1964, MA 1 Box 27 5/5/17, ANZ 265 Director General of Lands and Survey to Secretary of Maori Affairs, 10 August 1966, MA 1 Box 27 5/5/17, ANZ 174 n--- I D o Following this debacle the Department of Lands and'Survey and the Deputy Registrar of D the Wanganui Maori Land Court proposed a scheme to the owners to facilitate the sale of Waimarino 4A3. A meeting of owners of Waimarino 4A3 could request an injunction, using section 452 (14) of the Maori Affairs Act 1953, against the share of proceeds from n the sale of the block that would be due to Pokaiaua Te Kurukaanga. The title could then be investigated at a later date and the money paid to the rightful owner. The Waimarino o 4A3 owners accepted this proposal. The Maori Land Court investigated the title and found that Te Kurukaanga's shares were valid. Following this ruling the Department of o Lands and Survey insisted that the shareholders meeting be held at Tokaanu, at the house of Wineti (Harry) Ribia. The Department believed that Wineti Rihia would be able to o persuade the other members of the family to accept the Court's ruling and go through o withthe sale, but as he was an invalid he was unable to travel to any owners' meeting.266 The Department of Lands and Survey had also requested yet another valuation of the ~B block. The Valuation Department decided to increase the value placed on the Waimarino 4A3 land to £525. The increase was justified on the grounds that the land values of the area in general had increased due to the large-scale developments involved in the Turangi hydro-electric project. A further Forest Service report set the timber values at £1415 16s. The figure for negotiation was therefore set at £1941.267 The meeting of owners was held at Tokaanu on 24 November 1966. Seven owners attended, including Pokaiaua Te Kurukaanga, and two more were represented by proxy. Those attending held 0.5261 (52.61%) ofWaimarino 4A3 shares in unequal portions. The representative of the Department of Lands and Survey, Mr Croker, insisted that this was the last approach the department would make to buy the block. The owners voted unanimously to sell but insisted on a price of £2000. The Maori Land Court confirmed this resolution and the Department of Lands and Survey agreed to the figure in question. 266 Director General of Lands and Survey to Secretary of Maori Affairs, 10 August 1966, MA 1 Box 27 5/5/17, ANZ; Director General of Lands and Survey to Secretary of Maori Affairs, 29 August 1966, MA 1 Box 27 5/5/17, NA Wellington 175 -- a B D A proclamation in the New Zealand Gazette set the block aside for prison purposes under a the Public Works Act 1928. Following the sale and transfer of Waimarino 4A3 the only areas of Waimarino 4 remaining as Maori freehold land were the 4.7 perches of o Waimarino 4AlB and an area of 824 acres and 2 roods in Waimarino 4B2. The Crown now owned the balance ofWaimarino 4.268 n 7.7 The sale ofthe Maori freehold land in Waimarino 4B2 o In April 1968 the remaining 824 acres of Maori freehold land in Waimarino 4B2 was held as nine shares by over 90 owners in unequal portions.269 Of these owners only three held o over a third of a share in the block. Two of these owners, husband and wife Sonny Tuhohia Pehi and Te Mataora Pehi, held 1 share jointly. They had acquired this one share n in July 1967, when Iwi Tira and Wati Tira, who held half a share .each, had both vested their shares jointly in Sonny and Te Mataora Pehi. The Pehi's who lived at National Park were keen to acquire all the shares ofWaimarino 4B2 and hold the block as general land. In May 1968 they purchased the 1.9396 shares held by the largest shareholder in H Waimarino 4B2, Te Mokopuna Tira Koroheke, for the sum of$50. On 15 October 1968 a meeting of the owners ofWaimarino 4B2 was held at Raetihi, to consider the proposal to sell the block to Sonny Tuhohia Pehi. Seven owners were present, along with the Maori Trustee who acted for the estate of Moria Pura Herewini and as proxy for three other owners. John Haitana was present as proxy for his father Tamakana Haitana. Those present or represented at the meeting held in a113.4168 of the 9 shares in Waimarino 4B2. The Pehi's solicitor G W Harvey was also present. He put forward the Pehi's case, that they wished to acquire the block in order to develop it. E A Hodson, who chaired the 267 J B Garmine, District Valuer, to Chief Surveyor, Department of Lands and Survey, 3 June 1966, MA 1 Box 27 5/5/17, ANZ; NZFS Report on Waimarino 4A3, 22 June 1966, MA 1 Box 27515/17, ANZ 268 Statement of Proceedings of Meeting of Owners, Waimarino 4A3, 24 November 1966, Waimarino 4 file, 20/90-4-DWN, LINZ Wellington. The seven owners present at the meeting were Tutaua Rihia, Te Huhui Rihia, Mamaeroa Rihia, Ngaumu Rihia, Pipi Rihia, Pokaiaua Te Kurukaanga and Rahera Rihia. Ngaumu Rihia also acted as proxy for Boyce Paul, while Wineti Rihia was represented by his wife Raiha Rihia. EA Hodson from the ADMLB acted as chairman; WMB 6, fo157, 1 February 1967; NZ Gazette, No 5, 1 Feb 1968, p 129 269 A list of owners made between May and October 1968 shows 98 owners but 12 of these were deceased with no successors yet named. List of OWl!e~ Waimarino 4B2 in hlformatiQnatt!lChed to SOC Wai 73 in claim file 73/0, Waitangi Tribunal. 176 -u------~----,- n n D meeting, pointed out that $406 in outstanding rates were owed on the block. The other owners present initially rejected the Pehi's offer as too low. Eventually the Pehi's made D an offer of$1265, plus all title charges to clear the title including rates. Hariata Tukukino (Mrs Blackburn) moved that the offer be accepted, which was seconded by John Haitana. 0 The motion was passed unanimously and the block was sold. After the land transfer was registered on 8 October 1969, Waimarino 4B2 was declared to be general land no longer 0 under Maori freehold title.270 0 7.8 Conclusion By the 1970s, only the 4.7 perches ofWaimarino 4AIB continued to be held as Maori 0 freehold land. One substantial area, 824 acres of the Waimarino 4B2 subdivision, had become general land but was owned by two successors of the original Maori owners. Of the remaining area of the original Waimarino 4 block, only one area, the 242-acre Waimarino 4B 1 block, was privately owned general land. The remainder of the block was B all in Crown ownership. The Maori owners of the Waimarino 4A5 sold the block to a Pakeha fanner in 1921. The Crown later acquired the block for prison purposes in 1939. The Crown acquired the remaining Waimarino 4A blocks in the 1960s, also for prison purposes. It will be noted from the account above that the Crown was determined to acquire the lands in question. The Crown made continual approaches to the owners and ensured that owners who were known to be pro-sale were present at the owners' meetings. It is clear, however, that all of these sales occurred on a 'willing buyer, willing seller' basis. While in most of these sales less than half of the owners were present at the meetings, no objections were recorded as having been raised after the decision to sell was made. 270 Waimarino 4B2 Pt Memorial Schedule, Waimarino 4B2 BOF WH 564, vol 2, Aotea MLC Schedule list of owners Pt Waimarino 4B2, 25 July 1967, LG 238-1-DWN, LINZ Alienation Notice, Waimarino 4B2, 14 May 1968, Waimarino 4 file, 20/90-4-DWN, LINZ Wellington Statement of Proceedings Meeting of Assembled Owners, Waimarino 4B2, IS October 1968, Information attached to SOC Wai 73 in claim file 73/0, Waitangi Tribunal. Those present at the meeting were Hariata Tukukino, Sonny Tuhohia Pehi, Te Mataora Pehi, Rii Tukaiora, Alice Kumeroa, Christine Taura and Ngahuia Te Iwimate. John Haitana was present as proxy for his father Tamakana Haitana. The Maori Trustee was present for the estate of Maria Pura Herewini, and was proxy for ApororoTaurewarewa, Hazel Tiori Tuirirangi and Nikora Menehiri. 177 ------n n I o The Crown's acquisition ofland from Waimarino 4B2 in the 1910s is a different matter altogether. In the cases of the land taken for defence purposes and for the scenic reserve D the land was compulsorily acquired. Objections were raised by owners to both acquisitions as well as to the Crown's failure to compensate owners for land and materials taken for roads and railways. Land taken for defence purposes was not returned n to its owners once it was no longer required for the purpose originally taken. The Waimarino non-sellers had only retained a small proportion of the original block. In the o case of Waimarino 4 the owners had originally been allocated a block of 3450 acres. The Crown compulsorily acquired 1051 acres for defence purposes, 128 acres for a scenic n reserve and a further 77 acres for the road and railway. The Crown acquired by compulsory measures a total of around 1256 acres of Waimarino 4. This constituted n around 36% of the area of the original Waimarino 4 and almost 62% of the area of Waimarino 4B2. The owners of Waimarino 4 had not wished to sell their shares in the original Waimarino H block. They had been .allocated shares in the much smaller Waimarino 4 block with minimal, if any consultation, despite their wish to retain the original Waimarino block. The Crown then proceeded to act against the owners' wishes in taking over a third of the area of Waimarino 4. While in recent times the Crown has made efforts to return 346 n acres of this land no·such effort was made with the rest of the scenic reserve and defence training ground land. The Crown's actions in acquiring the majority of the area of Waimarino 4 raise serious misgivings over whether the Crown adequately protected the interests or had regard for the wishes of the Waimarino 4 landowners. 178 D D I D Chapter Eight: Waimarino 8 and Waimarino F D 8.1 Introduction The following chapter gives a brief outline of the history of the attempts by the Crown to D acquire the Waimarino 8 and Waimarino F blocks. At the time of writing it is not clear why the Crown sought to obtain these blocks, although it is probable that the Crown o wanted access to the timber on the blocks. The use of Orders in Council to prohibit any form of alienation of the two blocks, other than to the Crown, shows that the Crown was n prepared to use restrictive measures available in the Native Land Act 1909 in order to help acquire the blocks. The use of this legislation meant that, in practical terms, the only n way for the owners to make money from the blocks was to sell them to the Crown. 8.2 Early interest in Waimarino 8 and Waimarino F ·8 The Waimarino 8 block, an area of 60 acres, was the smallest non-seller block, while the 420-acre Waimarino F block was the smallest seller reserve. They were both located on the Whakapapa River, about three kilometres (two miles) to the east of where the town of Raurimu is now situated and about one kilometre (just over half a mile) to the south-east of the Waimarino E block. The true left bank of the Whakapapa River formed the eastern boundary of both blocks. The western boundary ofWaimarino 8 and Waimarino F formed a border with Waimarino 1. The area of both blocks fronting the river consisted of cliffs or steep forested slopes up to river terraces with an area of relatively flat or gently rolling country above this. The surveyor Dalziell, who visited Waimarino 8 in 1895, described u the block as consisting of sloping hillsides and poor pumice soil, completely covered in native bush, the principal tree being tawhero.271 Inia Ranginui, judging from visits he had made to Waimarino F in 1912 and 1914, described the block as "hemmed in and virtually inaccessible". He noted that, while there was bush on the land, it was very scattered,zn 271 Assistant Surveyor General to Surveyor General, 11 December 1895, MA 1 1924/202, vol 2, ANZ 272 Minutes of meeting of assembled owners Waimarino F, 30 May 1924, MLC-WG 311792 179 n n D The Waimarino 8 block was set aside in 1886 for three members of Ngati Hinewai and o three members of Ngati Hinekohara.273 Each of these owners was allocated ten shares. The Kahiti of 1895, which listed the owners of the seller blocks, gives 42 owners for the D Waimarino F block, each allocated ten shares. The Waimarino F owners were from the Ngati Hinewai, Ngati Hinekohara and Ngati Waewae hapu.274 n On 25 January 1913 a meeting of the owners of the Waimarino F block was held at Taihape, to discuss a proposal to lease the block to Rangimanawanui Ranginui of Kakahi. o The proposal was that the block be leased to Ranginui for a rental of nine pence per acre for the first 21 years and at a rental equivalent of 5 percent of the then Government II unimproved value for the second 21-year period. The block had at this time a valuation of 10 shillings per acre. Only two owners were present at the meeting, Tauiru Retimana Te n Rango and Inia Ranginui. A further five owners had nominated Inia Ranginui to represent them by proxy. The meeting adopted the resolution in favour of the lease by a unanimous o vote. It does not appear that Rangimanawanui Ranginui ever took up this lease and in 1921 the Aotea District Maori Land Board dismissed the confirmation on the grounds of H non-prosecution. 275 8.3 Crown moves to purchase the Waimarino 8 and Waimarino F blocks n An Order in Council was gazetted on 2 May 1918, prohibiting for six months all alienations of land from the Waimarino 8 and Waimarino F blocks, other than to the Crown. Such Orders in Council were made at the recommendation of the Native Land Purchase Board, under section 363 of the Native Land Act 1909. The Order in Council was renewed for a further six months on 14 April 1919. The maintenance of this restriction meant that the owners of the two blocks were unable to make any 273 The three Ngati Hinewai were Moroati Te Mihi, Makere Te Hunga and Turanga Rangihiroa. The three Ngati Hinekohara were Te Rina Tuakau, Rawiri Pikirangi and Rawinia Ngarnotu. Partition Order Waimarino 8, WH 557 AoteaMLC. 274 Te Kahiti 0 Niu Tireni, 15 May 1895, p 186 275 The five owners represented by proxy were: Uru Te Hunga, Patu Ranginui, Te Whakarau Rangihiroa, Hariata Iwaiwa and Tereta Ranginui. J B Jack attended the meeting as representative of the Aotea District Maori Land Board and was elected as chairman. Minutes of meeting of assemblec:l owp,ers of Waimarino F, 25 January 1913, Waimarino F alienation file, MLC - WG 3/1792, ANZ 180 D n n D arrangements with private individuals or companies to sell or lease these lands, to raise mortgages on them or to lease the rights to fell timber on the blocks. The owners were o effectively forbidden from making any use of their own land, other than directly utilising it themselves or through some form of alienation to the Crown. The most likely n explanation for the Crown's interest in the two blocks was their timber potential as, once purchased they were permanently reserved for state forest. It should be noted that the Crown did no attempt to acquire the blocks compulsorily under scenery preservation o 276 legislation. o It appears that after September 1919 the Crown allowed the prohibition on the alienation of Waimarino 8 and F to lapse. On 18 March 1924 Grace Margaret White made an offer n to either buy Waimarino F for five pounds per acre or else lease the block for one shilling per acre. A meeting of assembled owners of Waimarino F was held at Kakahi, on 30 May o 1924, to vote on these proposals. At this time the block had 47 listed owners, but 23 of these were listed as deceased with successors still to be appointed.277 Three owners, H Pikihuia Rima, Inia Ranginui and Kerei Hikei, attended the meeting. Inia Ranginui also held the proxy votes of four other owners. These seven owners between them held 55 of the 420 shares in Waimarino F.278 Taite Te Torno, who was not an owner and was therefore unable to vote, also attended the meeting. He claimed to represent the interests of some deceased owners whose successors had yet to be appointed. Te Torno spoke in opposition to the proposal, on the grounds that the sum offered was too low. He argued that the block was heavily timbered and therefore worth up to £25 per acre. Inia Ranginui replied that he had visited the block in 1912 and 1914. From his observations the block was 'practically inaccessible' and the bush was very scattered. The only sawmiller who could practically work the land was David Gardner who owned the surrounding land and had a mill nearby. This was the same Gardner who was buying up Waimarino E at this 216 Extract from NZ Gazette No 51, 24 April 1919, in Waimarino F alienation file, MLC - WG 3/1792, ANZ; Extract from NZ Gazette No 51, 24 April 1919, in Waimarino 8 alienation file, MLC-WG 3/1793, ANZ; NZ Gazette, No 27, 6 May 1926, p 1193 . 211 Particulars of Title, Waimarino F, 11 March 1924, Waimarino F alienation file, MLC - WG 3/1792, ANZ 218 The four owners represented by proxy were Parewairere Te Heuheu, Hauata Te Iwaiwa, Raukura Ruma amd Pam Ramginui. Tukere HTe Anga was the Maori Land Board's representative at the meeting and was elected chairman. Waimarino F alienation file, MLC - WG 3/1792, ANZ 181 time. Grace Margaret White was a relative of David Gardner. Inia Ranginui proposed that o the land be sold at the price offered. The meeting voted unanimously to accept the proposal, although Tate Te Tomo's opposition was noted. Taite Te Tomo later signed a o letter along with three Waimarino F owners, asking that their interests be excluded from any sale of Waimarino F. These owners also objected that insufficient notice had been n given for the owners' meeting, meaning they had been unable to attend. 279 In what appears to have been a response to the owners' decision to Waimarino F to Mrs o White, the Crown issued an Order in Council, on 2 June 1924. This Order prohibited, for the next six months, the alienation of land in Waimarino 8 and Waimarino F to any party o other than the Crown. This meant the sale of Waimarino F to Mrs White was effectively prohibited. The Crown followed the Order in Council with offers to purchase both blocks n on 24 October 1924,offering £3 per acre for Waimarino 8 and matching Mrs Whites' £5 per acre offer forWaimarino F. On 17 November 1924, the Crown followed up these offers with a further six-month extension of the prohibition on private alienations and called meetings for the owners of both blocks, to be held at Kakahi on 5 December. The H meeting of the Waimarino 8 owners was adjourned due, to lack of quorum. At the Waimarino F meeting, two owners, Inia Ranginui and Parewairere Te Heuheu, were present initially, with a further 11 owners being represented by proxy. Both Ranginui and Te Heuheu rejected the Crown's initial offer of £5 per acre. It appears that during an adjournment the Crown Land Purchase Officer, a Mr Thomson, made a further offer of £7 per acre. Following this adjournment another owner, Hariata Te Iwaiwa, joined the meeting. Inia Ranganui initially moved that the Crown's offer be refused but that the land be offered to the Crown for £8, but on reflection changed his motion to a straight refusal to sell to the Crown. The meeting voted to reject the Crown's offer to buy Waimarino F. 280 279 Minutes of Meeting of Assembled Owners, Waimarino F, 30 May 1924, Waimarino F alienation file, MLC - WG 3/1792, ANZ; Taite Te Torno, Werihe Tuiri, Nohopapa Te Whatairi and Parewairere Te Heuheu to the President, Aotea District, 5 June 1924, Waimarino F alienation file, MLC - WG 3/1792, ANZ. It is of interest to note that Parewairere Te Heuheu, who signed this letter, was one of the proxy voters represented by Inia Ranginui at the 30 May meeting. 280 The Board's representative at these meetings was Pei Te Hurunui Jones. Minute sheet Waimarino8, 9 December 1924, Waimarino 8 alienation file, MLC - WG 311793, ANZ 182 D n D D o The Crown remained determined to purchase Waimarino 8 and Waimarino F, despite the o setbacks outlined above. An Order in Council was issued on 21 May 1925 prohibiting alienation of the blocks, other than to the Crown, for the 18 months beginning on 2 June o 1925. The Crown then offered to purchase Waimarino 8 for £5 an acre and Waimarino F for £7 per acre. Meetings of the owners of both blocks were held on 14 October 1925 at Tokaanu. Tukere H Te Anga was the Board's representative at these meetings and was n elected chairman at both. Fourteen owners were present or represented by proxy at the Waimarino 8 meeting, along with the trustee for one owner. A schedule of successors from 17 July 1924, shows that there were at least 34 shareholders in Waimarino 8 at this time. The meeting resolved unanimously to sell the block to the Crown, but for the sum of £7 per acre. The Native Land Purchase Board accepted this resolution and agreed to purchase Waimarino 8 for £420.281 H Eleven owners of WaimarinQ F attended the owners meeting, out of a total of the over 47 shareholders. The eleven owners held between them 348127 of the 420 shares in the block. Those present discussed the earlier offers that had been made for the block by Mrs White and by the Crown. Inia Ranginui pointed out that there was considerable interest in the block and suggested the owners hold out for a better price than that offered by the Crown. After more discussion he moved that the meeting offer to sell the block to the Crown for £9 per acre. This motion was passed unanimously by the meeting. The Native Land Purchase Board accepted this resolution and agreed to purchase Waimarino F for £3780. The two blocks were proclaimed Crown land on 29 January 1926?82 Minutes of Meeting of assembled owners Waimarino F, 5 December 1924, Waimarino F alienation file, MLC - WG 3/1792, ANZ 281 Minutes of Meeting of Assembled Owners, Waimarino 8, 14 October 1925, Waimarino 8 alienation file MLC - WG 3/1793, ANZ; G P Shepherd for Under-Secretary, Native Department to Registrar, Aotea District MLB, 12 January 1926, Waimarino 8 alienation file, MLC - WG 3/1793, ANZ 282 Minutes of Meeting of Assembled Owners, Waimarino F, 14 October 1925, Waimarino F alienation file MLC - WG 3/1792, ANZ; G P Shepherd for Under-Secretary, Native Department to Registrar, Aotea District MLB, 12 January 1926, Waimarino F alienation file, MLC - WG 3/1792, ANZ; J Thomson, Land Purchase Officer, to Registrar, Aotea DistrictMLB, 15 January 1926, Waimarino F alienation fi1e,MLC WG 3/1792, ANZ 183 8.4 Conclusion The Crown seems to have had an interest in acquiring the Waimarino 8 and Waimarino F n blocks from 1918, when the first prohibition was placed on their private alienation. It appears that this prohibition was allowed to lapse in the early 1920s, but was reimposed o when a private bid was made to purchase Waimarino F. The imposition of prohibitions on private alienation meant that the owners of the two blocks were prevented from n selling, leasing, or selling the timber rights to their blocks. The owners also were unable to use the blocks to raise a mortgage from anyone other than the Crown. The owners o were thus only able to alienate the blocks to the Crown or utilise the blocks themselves. This action on the part of the Crown would appear to bea significant restriction on the n property rights of the owners of Waimarino 8 and Waimarino F. While some of the owners of both blocks do not seem to have been adverse to selling their land, the Crown's H actions had left them with· few other choices. The sales of both Waimarino 8 and Waimarino F involved votes to sell by a minority of owners and in the case ofWaimarino F, the holders of a minority of shares. As seen in the cases of Waimarino 2, Waimarino B3B2a and Waimarino B3B2B, the workings of the Native Land Act 1909 allowed a minority of owners and a minority of shareholders to sell a block regardless of the wishes of the majority. Such a law would seem to contradict the promises made to those who sold their shares in the original Waimarino block, that they were entitled to 'good and u effectual' grants of land to provide a living for them and their descendants. 184 D n n D Chapter Nine: The Kaitieke Blocks D 9.1 Introduction This chapter gives a brief outline of the history of Sections 39 and 41 Block X Kaitieke n Survey District, described here as the Kaitieke blocks. These land blocks were within the area of the original Waimarino block but were not among the areas set side in the original o award as non-seller blocks or seller reserves. The sections cover a total of 800 acres and are located on the western slopes of a line of hills that run on the eastern side of the Do Retaruke River valley. The slopes are cut by a number of valleys created by streams running into the Retaruke River. The northern extremity of the section 39D subdivision is o around one and a half miles or one kilometre south-west of the township of Kaitieke. Most of the area of the blocks is still in native bush. The land blocks at Kaitieke were one oftwo areas the Crown set aside for the followers ofTe Kere Ngataierua. The story ofthe setting aside of the Tawata reserve is covered in Cathy Marr's report on the original Waimarino block. 9.2 The reservation of the Kaitieke sections-the legacy of Te Kere Ngataierua and Karanga Te Kere The prophet Te Kere Ngataierua, also known as Ngataierua Te Kere, had connections with many of the upper Whanganui and Rangitikei tribes. He spent many years, from the late 1860s onwards, travelling the North Island preaching a message of peace and built up a considerable following. Te Kere was opposed to the Native Land Court, seeing it as a device to take Maori land. As a result of this policy he and his followers boycotted the Waimarino hearing in 1886 and were not awarded any shares in the Waimarino block by the Native Land Court. They therefore also missed out on being awarded any land in the non-seller blocks. They were also unable to sell their shares and therefore be awarded land in the seller reserves. Te Kere petitioned Parliament unsuccessfully to set up an inquiry into the Waimarino transaction. Following the Waimarino, case he also reluctantly became involved in Native Land Court hearings over other areas of land. In the early 1890s, Te Kere settled with his family and perhaps over 1000 followers in the J 185 I area around Tawata, on the left bank of the Whanganui River, just down river from o Maraekowhai. A group ofTe Kere's family and some of his Ngati Tuwharetoa followers from the Tawata settlement, moved about 15 kilometres (24 miles) inland to settle beside o the Retaruke River. According to David Young the move to the Retaruke River was a result there being insufficient resources in the Tawata area to feed all of Te Kere's followers. The Crown later designated the area they settled in as Sections 39 and 41 o Block X Kaitieke Survey District.283 o Although Te Kere and his followers were occupying land at Tawata and Retaruke, they had no legal title to either of these areas of land. Young records that P Sheridan of the n Native Department visited Tawata in 1901 and promised Te Kere that he would arrange to have land at Tawata reserved for Te Kere's people. Te Kere died soon after this visit in o the same year. In 1904, the Crown set aside 1500 acres ofland at Tawata, under section 8 of the Maori Land Claims Adjustment and Laws Amendment Act 1904, 'for the use and occupation of such of the Natives as the Minister may after due inquiry decide, and who are and have been for several years residing thereon; and are more or less landles' .284 Sheridan sent a memo to the Native Minister on 17 August 1904 pointing out that Te Kere's followers were also living on Sections 39 and 41 of the Kaitieke Survey District. He recommended that, as these people were 'practically landless' due to having boycotted n the Waimarino case, the Crown should reserve the two sections in question for them. This memorandum was submitted to Cabinet and approved. 285 In November 1908 the Crown set aside 800 acres, consisting of the 400-acre Section 39 and the 400-acre Section 41 Block X Kaitieke Survey District. These areas were set aside under section 321 of the Land Act 1908. Section 321 allowed the Crown to temporarily reserve from sale any Crown lands required for any of the purposes mentioned in the section, including as in this case, 'for the use of Aboriginal Natives' .286 283 D Young, 'Te Kere Ngataierua', Dictionary o/New Zealand Biography, Vol 2, 1870-1900, Ministry of Culture & Heritage, Wellington, 1993, pp 517·518; D Young, Woven by Water, pp 130·149, 151-155 284 Section 8, Maori Land Claims Adjustment and Laws Amendment Act 1904 285 Tokaanu MB 16 fol145 . 186 D n D D A hearing of the Native land Court was held at Kakahi on 20 and 21 January 1922, to detennine the title of the Kaitieke sections. This hearing directly followed a hearing on D the awarding of title to the Tawata block. A large number of claims were lodged to the Kaitieke sections but many of these claims were withdrawn following the Court's decision on the Tawata case. Warahi Te Whiutahi, Hina Te Hihiri, Paraone Ropiha and D Raukura Anateira all withdrew the respective lists of owners they had submitted for the Kaitieke sections, once they heard the Tawata decision. Piupiu Pea Te Huaki and o Wharawhara Topine, the representatives of the descendants of Te Kere's sister Pea Te Huaki, withdrew their claim in open court. Pea Te Huaki's descendants had made an D agreement with Karanga Te Kere, another of Te Kere's sisters, that they would be satisfied with the shares awarded them in the Tawata block. No objections were raised to o the withdrawal of this claim. Kii Keepa had made a claim on behalf of himself and his brother; but did not add anything to the evidence he had already given to the Tawata o hearing. The court decided that the ten acres each in the Tawata block awarded to Kii Keepa and his brother was more than sufficient for them in the light of the insubstantial B evidence they had given in that case. No land was awarded to them in the Kaitieke o sections.287 The Native Land Court considered that this left only two claims to be considered regarding the Kaitieke sections. One of these was the list that included some of Te Kere Ngatierua's own descendants, presented by Te Kere's sister, Karanga Te Kere. The other claim was from a number of listed Ngati Tuwharetoa claimants, who were followers of Te Kere. Karanga Te Kere had made an agreement with the Ngati Tuwharetoa claimants that those on the Ngati Tuwharetoa list would be awarded section 39, while those on her list would be awarded section 41. Both sections were areas of 400 acres. The Court accepted this agreement as 'very equitable' and awarded the blocks accordingly. The Court noted that they would award the people on the Ngati Tuwharetoa list a much larger area of land at Kaitieke than they had been awarded in the Tawata case. This was due to 286 NZ Gazette, No 93,26 November 1908, p 3008; NZ Gazette, No.6, 28 January 1909, p 199 287 Tokaanu MB 16 fol144 187 the fact that Ngati Tuwharetoa people had been permanently resident on the Kaitieke o sections from the time ofTe Kere's settlement at Tawata.288 D In section 41 the Native Land Court allocated Te Kere Ngataierua's descendants 100 shares, equivalent to 100 acres of the subdivision. Karanga Te Kere and her descendant's were allocated 300 shares, equivalent to 300 acres of the subdivision. The Court's o argument was that Karanga Te Kere and her descendant's should receive a larger area of land: o In recognition of the fact that she and her family have done far more than Ngataierua or his issue to secure the return of this land from the Crown, and of the n fact the claim under occupation by herself and family in Section 41 has been much stronger than that of Ngataierua's issue'. These special claims of Karanga n Te Kere have been allowed for by the Court when restricting the Ngatituwharetoa award to the 400 acres in Section 39.289 Karanga Te Kere retained 150 shares for herself and distributed the remainder equally H among six of her children.29o The Native Land Court then adopted this arrangement. The remaining 100 shares of section 41 were divided equally between four of the descendants ofTe Kere Ngataierua?91 With regard to the section 39 subdivision the Native Land Court divided the shares between two lists of Ngati Tuwharetoa owners. The Court allocated 310 shares to the eleven people on the list provided by Kingi Poni. The shares were allocated unequally among this group.292 The Court allocated 90 shares to the five people on the list provided by Mare Marangataua, who was Karanga Te Kere's husband. The shares were again 288 Tokaanu MB 16 fol144 289 Tokaanu MB 16 fo1145 290 The six children of Karanga Te Kere were Tira Karanga, Titi Karanga, Raima Karanga, Tukapua Karanga, Mamae Karanga and Maria Karanga. See Tokaanu MB 16 fo1145 291 The four descendants of Te Kere Ngataierua were Kopa Ngataierua, Neha Ngataierua, Te Whareaitu Ngataierua and Pio Ngataierua. See Tokaanu MB 16 fo1145 292 Kingi Poni received 70 shares; Harata Rakera received 50 shares; Hingaia Huruao, Te Rangi Kaiamokura, and Te Hei Rakera received 40 shares each; Tureiti Te Rangi received 20 shares; Toiroa Te Rangi, Petera Te Rangi, Maruka Wharekaihua and Papuni Rewi received 10 shares eat;h. S~e Tokaanu MB 16 fo1146 188 D D D D allocated unequally.z93 The Court noted that the Rawiri family had not conclusively proved their right to participate in the case, but they had been allocated shares as they had o some proof of rights to the section. Kapereira and Wehikore Kapereira were also on Mare Marangataua's original list, but were not awarded any shares, as the Court considered the o evidence in support of their claim was 'worthless,.294 o 9.3 Tbe subsequent history and current status oftbe Kaitieke sections Following the allocation of shares in the Kaitieke sections, a number of partitions were n made. On 25 January 1923, at a sitting of the Native Land Court at Tokaanu, Section 39 Block X Kaitieke Survey District was partitioned into four subdivisions. Section 39A of n 40 acres was allocated to four owners, while Section 39D of 110 acres was allocated to three owners,z95 At the time of writing, the partition orders for Sections 39B and 39C o from this date had not been located. On 28 March 1930, at a further sitting of the Native Land Court at Tokaanu, the partition orders for Sections 39B and 39C were cancelled and H a new partition order for these two subdivisions was made. Section 39B of 74 acres was allocated to Rihi Parangahue, while the 176-acre Section 39C was allocated to the four o owners who had held it under the partition order made in 1923,z96 On 7 December 1926 Section 41 Block X Kaitieke Survey District was partitioned into Sections 41A and 41B of 200 acres each. On 29 November 1934, Section 41B was partitioned again. Section 41Bl of 100 acres was allocated to Karanga Kere and Maria Karanga, while the 100-acre 41B2 section was allocated to Kopa Ngataierua, Nehu Ngataierua, Pio Ngataierua and Te Whareaitu Ngataierua,z97 293 Mare Te Marangataua received 10 shares; Rihi Porangahue, who was the niece ofHarata Rakera and Te Hei Rakera, received 50 shares; Tame Rawiri received 20 shares; Rato Rawiri and Hari Rawiri received 5 shares each, See Tokaanu MB 16 fo1146-147 294 Tokaanu MB 16 fol 147 295 The four owners of Section 39A were Tame Rawiri, Rate Rawiri (deceased) Hari Rawiri and Mare Mangataua. See Schedule attached to Partition Order Section 39A Block X Kaitieke SD, BOF WH 714, Aotea MLC. The three owners ofWairnarino 39D were Kingi Poni, Te Hei Rakera and Poihaere Kingi. See Schedule attached to Partition Order Section 39D Block X Kaitieke SD, BOF WH 714, Aotea MLC. 2% Tokaanu MB 24 fols 47-49 297 Extract from Tokaanu MB 25 fols 241-242 in BOF WH.715, Aotea MLC; Partition Order Section 41Bl Block X Kaitieke SD, BOF WH 715, Aotea MLC. 189 n All of the subdivisions of Section 39 and 41 Block X Kaitieke Survey District remain in Maori freehold title except for Section 41A. This subdivision was Europeanised on 12 September 1968 under Part 1 of the Maori Affairs Amendment Act 1967. According to o the certificate of title of the subdivision it remains in the ownership of successors of the original Maori owners.298 o 9.4 Conclusion o The Crown reserved the Kaitieke sections for family and followers of Te Kere Ngataierua. These people had been made legally landless by the Waimarino award and the subsequent sale of the block, having boycotted both processes. While the Crown u reserved these sections for Te Kere's followers to relieve their landless status, it is clear . that many were in fact already living on the land in question. The fact that title to lands n was only granted in 1922 may have lead to prejudice in the sense that lands could not be leased or mortgaged until title was granted. On the other hand the Maori occupants did H not have to pay rates until title to the land was granted. All the land other than section 41A is still in Maori freehold title. For these land blocks there are no issues arising from Crown involvement in alienation once title had to the land was granted. The issue of the II Europeanisation clauses in Part 1 of the Maori Affairs Amendment Act 1967, as applied to section 41A, has been dealt with in previous chapters of this report. Partition Order Section 41B2 Block X Kaitieke SD, BOF WH 715, Aotea MLC. Record Sheet Section 41, Block X, Kaitieke SD, BOF WH 715, Aotea MLC 298 CT 6B/I074 Section 41A Block X Kaitieke SD 190 Chapter Ten: Conclusion The original Waimarino title hearing in 1886 and the subsequent Crown purchase of owners' shares were both conducted with great haste. The title hearing was held at a sitting that began only a month after the announcement in the Kahiti, meaning that residents within a very remote area of approximately 490,000 acres had very little time to find out about the hearing. The hearing itself relied largely on the evidence of Te Rangihuatau, a relatively minor chief. The Waimarino block was defined at this time by a rough sketch plan. Some Waimarino residents, including the chiefs Taituha Te Ubi, Tanoa Te Uhi and Tuao, did not attend the title hearing, but made a series of objections to the northern or Tuhua section of the Waimarino block being included in the Waimarino block. The three chiefs named above continued with their objections despite their being named on the list of Waimarino owners and listed as the owners of the non-seller block Waimarino 6. 10.1 Crown acquisition of the original Waimarino block: the establishment of the non-seller blocks and seller reserves Crown purchasing of shares in the block began almost as soon as the Native Land Court allocated the shares. The Marr draft report points out many irregularities in the purchase activities of the Crown's Land Purchase Officer, W J Butler. It is questionable whether Butler correctly identified many of those whose shares he supposedly purchased. There is no record of any effort being made to determine the specific areas to which particular owners may have had traditional rights. It also does not seem that much effort was made to determine whether some owners had greater ownership rights than others and should therefore have been given a larger proportion of shares in the Waimarino block. Butler did make an arbitrary decision over the number of shares that minors were entitled to hold and then proceeded to buy up as many shares of minors as possible. There is little evidence that Butler went to any serious effort to consult with the Waimarino landowners on any of the issues from the sale of their shares in the original block. 191 ~ n o There is also little evidence that Butler consulted with the leaders of the various n Waimarino hapu before assigning the location and areas of the non-seller blocks and seller reserves. No evidence has been located to indicate the criteria Butler used to select n these areas. The areas Butler selected for both seller reserves and non-seller blocks were, apart from Waimarino 6 and 7, in rough and remote areas. However it must be noted that most of the original Waimarino block was rough and remote. Waimarino 2, 3, 5, A and n CD, were all located near to the Whanganui River. For most of the nineteenth century the river continued to be an important transport artery. The twentieth century saw the decline o of the river as a transport route, as the Main Trunk Railway and the adjacent state highway became more important for transport. While the riverside blocks were n essentially back country areas in the twentieth century, it is not clear that Butler saw them as such when he designated these areas in the late l880s. o With regard to the seller reserves, it appears that Butler promised sellers they would each o receive a 50-acre section of land, with the survey paid for by the Crown. Many sellers appear to have been under the impression that these areas would be cut out individually H rather than being held as shares in larger blocks. Butler promised at least some of the owners that they would be able to select the site of their land. Instead all the sellers were allocated land in areas decided by Butler. All the seller reserves were owned by groups of shareholders, ranging in size from the 42 owners of Waimarino F to the 367 owners of Waimarino A. Landowners were not necessarily given ownership of the areas they were living on. This is evidenced by the complaint, in 1910, that kainga of Ngati Hinewai and Ngati Whati had been placed in Waimarino D, whose owners were listed as members of the Ngati Tukaiora hapu, rather than in Waimarino C, whose owners were listed as members ofNgati Hinewai and Ngati Whati. For the seller reserves and the non-seller blocks, those named on the original lists of owners were grouped by hapu membership, with the exception of the two owners of Waimarino 7. Despite this identification of owners' hapu membership, it appears that ownership was not designated to hapu as such but that undivided shares were allocated to individuals, who in turn passed these shares on to their successors. In effect the listing of 192 11 owners passed ownership of land from largely being under the control of hapu leadership structures to being largely under the control of individual shareholders who could sell or lease land when they so desired. The lack of any effective overall governance structure for blocks with multiple owners was to result in continual partition and land sales in all of the Waimarino blocks. It should be noted that the seller reserves were Maori freehold land, rather than 'native reserves', and do not appear to have had any restrictions on alienation placed on their original titles. Only one land sale occurred among the non-seller blocks and seller reserves before 1911. This was the Crown's 1899 purchase of the 950-acre Waimarino 7 block from its two owners. No further sales occurred between 1899 and 1910, although there was considerable leasing activity in the Waimarino blocks. The lack of sales appear to have been a result of the Native Land Court Act 1894, which severely restricted private purchases of Maori land, followed by the Native Land Laws Amendment Act 1899, which temporarily stopped new Crown purchases. 10.2 The Stout Ngata Commission 1907 The Stout-Ngata Commission of 1907 was set up by the Liberal Government to appraise the land remaining in Maori ownership, with a view to opening up areas to purchase or lease, while retaining enough land to support Maori farming. With these ideas in mind Stout and Ngata made investigations in the Waimarino area. The commissioners expressed concern over the activities of certain Pakeha families, such as the Craigs, who had taken out leased out extremely large areas of Maori land in the Waimarino area. Stout and Ngata went on to make a series of recommendations regarding Maori land in the Waimarino area. They recommended that sections of Waimarino 3, 4, A and E should be set aside for Maori farming purposes, while Waimarino 8 and F, along with a section of Waimarino 3, should be reserved as papakainga. The commissioners recommended that areas of Waimarino 2, 3, 6, A, B, C and D should made available for lease to the general public. 193 None of the commission's recommendations for reserving areas of land for Maori were adopted. This was probably a consequence of the decline of Native Minister Joseph Carroll's 'taihoa' policy of slowing down the alienation of Maori land and the renewed emphasis on the purchase of Maori land, reflected in the introduction of the Native Land Settlement Act 1907 and the Native Land Act 1909. With the victory of the Reform party in 1911 and the push by Native Minister William Herries to purchase as much Maori land as possible, there was no longer any likelihood of the adoption of the policies on land retention and leasing recommended by Stout and Ngata. 10.3 Land alienation in the 19108 and 19208: Crown policies in acquiring land The Native Land Act 1909 opened up Maori land for both Crown and private purchasing, by removing existing restrictions. Of particular importance for the Waimarino blocks was the fact that section XVITI of the Act provided that a meeting of assembled owners at which five owners were present or represented could legally vote to sell a block on behalf of all the other owners. In the Waimarino the most significant period of land sales was in the 1910s, when about a quarter of the area of the non-seller blocks and over half of the area of the seller blocks were sold. Private purchases accounted for just over 60% of these sales. The Crown purchased or compulsorily acquired around 10,500 acres of this land, over a third of the approximately 28,000 acres of land from the Waimarino blocks that passed out of Maori freehold title during this period. Several different Crown policies were involved in the acquisition of this land. Over 250 acres were compulsorily acquired for roads in the 1910s. It appears that the Crown also acquired several hundred acres for roads and railways in the period before 1910. In the case of land taken for roads and railways there is an argument that Maori land owners, along with the general public, would benefit from the transport access to their remaining lands provided through the taking of land for transport purposes. In the period from 1911 to 1916 the Crown took around 750 acres of land from the Waimarino non-seller blocks and seller reserves for scenery preservation purposes. Apart 194 n n n n from 128 acres in Waimarino 4B2, all the remainder of this land was located on the banks of the Whanganui River. Some owners later complained that land suitable for farming n had been taken for scenery preservation. Others complained that they had received inadequate compensation for the taking of their lands. One owner in Waimarino CD complained that access to her property from the river had been blocked by a scenic reserve. The owners of Waimarino 4 were unhappy with their land being taken for a scenic reserve, especially as they had already lost land taken for defence purposes, the railway and roading, (see below) In the 1910s, the Crown also purchased the 425-acre Waimarino 5A4 subdivision and the Waimarino B3Bl, B3B2A and B3B2B subdivisions, which had a total area of around 7980 acres. The Crown was aware that Waimarino B block was made up of extremely marginal agricultural land. Despite this fact the record shows a persistent and determined .. effort on behalf of both the Native Department and the Lands and Survey Department to . acquire Waimarino B. This campaign was clearly not carried out with the intention of using the land for soldier settlement. Efforts to buy Waimarino B began in 1911, well before the beginning of the Great War, and were completed in December 1915, before any areas of land had actually been designated for soldier settlement. The original motivation appears to have been part of a plan to open up the interior of the Waimarino for Pakeha settlement, including settlement of the entire Mangapurua Valley, part of which was a plan to link the Ohura Raetihi road to a road down the Mangapurua. The sale ofWaimarino B3B2B, where six owners were able to sell a 6915-acre block without any input from the other 172 owners, provides another illustration of how the Native Land Act 1909 facilitated the alienation of Maori land. The Crown's was determined to acquire one of the blocks that had been set aside as land for those who had sold their shares in the original Waimarino block. This is at odds with the original intention of the Waimarino deed that the land owners who had sold their shares in the Waimarino block were entitled to 'good and effectual' grants of land to provide a living for them and their descendants. The Crown's acquisition of land from Waimarino 4B2 in the 1910s was through compulsory acquisition. Objections were raised by owners to both acquisitions as well as 195 o n I to the Crown's failure to compensate owners for land and materials taken for roads and o railways. Land taken for defence purposes was not retumed to its owners once it was no longer required for the purpose originally taken. The Waimarino non-sellers had only n retained a small proportion of the original block. In the case of Waimarino 4 the owners had originally been allocated a block of 3450 acres. The Crown compulsorily acquired 1051 acres for defence purposes, 128 acres for a scenic reserve and a further 77 acres for D the road and railway. The Crown acquired by compulsory measures a total of around 1256 acres of Waimarino 4. This constituted around 36% of the area of the original D Waimarino 4 and almost 62% of the area ofWaimarino 4B2. n The owners of Waimarino 4 had not wished to sell their shares in the original Waimarino block. They had been allocated shares in the much smaller Waimarino 4 block with n minimal, if any consultation, despite their wish to retain the original Waimarino block. The Crown then proceeded to act against the owners' wishes in taking over a third of the area of Waimarino 4. While in recent times the Crown has made efforts to return 346 acres of this land no such effort was made with the rest of the scenic reserve and defence H training ground land. The owners of Waimarino 4, who had not wanted to sell the Waimarino block in the first place, had been left with a remnant of their original lands following the 1887 partition. The Crown then proceeded to compulsorily divest them of over a third of the Waimarino 4 block, an action showing scant regard for the land owners n desire to retain ancestral lands. In the 19l0s the Waimarino non-sellers had only the remnants of their original lands after opposing the sale of the original Waimarino block. The landowners who had sold their shares had done so with the promise that they would each retain a 50-acre area of land, although only some of them actually received shares in the seller reserves equivalent to 50 acres. The Crown appears to have regarded the remnants of the original Waimarino block still in Maori ownership as a sort of land bank from which acres could be drawn for purposes of higher public good such as defence and scenery preservation. In these processes the Crown seems to have shown little regard for any Maori wishes to retain their lands. 196 o ------n n o In the cases of the purchase of Waimarino 5A4 in 1920 and of Waimarino 8 and F in n 1926, the Crown used section 363 of the Native Land Act 1909. This clause enabled the Crown to forbid any the alienation of the blocks to any party other than the Crown. o Therefore the owners could not deal to lease land, sell timber licences or raise a mortgage on the land, with anyone other than the Crown. Such legislation effectively blocked the landowners from most avenues of earning money from their land and made it much more o likely that the owners would sell to the Crown. The alienation restrictions also gave the Crown a monopoly in dealing with these lands, which effectively helped lower the price the Crown could offer for to purchase the blocks. The use of alienation restrictions raises serious concerns regarding the fairness of the Crown's dealings with the blocks' owners. o 10.4 Land alienation trends 1910s to 1970s The trend in land sales in the Waimarino blocks over 1910 to 1930 matches the national trend in Maori land sales throughout the same period. The period in question was one of R rapid land alienation, on a scale that matched the alienations under the Liberal Government in the 1890s. The 1909 Native Land Act and its later amendments made purchase of Maori land by private buyers or the Crown relatively easy. In fact both Ward and Loveridge argue that the system established by these Acts operated largely to alienate rather than protect Maori land. The large scale of land loss occurring in the period 1910 to 1930 does tend to provide support to the arguments of authors such as Ward and Loveridge that the laws in place at the time facilitated land sales rather than prevent land loss. By 1930, only Waimarino 3, 4,5,6 and A had any substantial areas of land left in Maori freehold title. There were few land sales during the period from 1930 through to the end of the 1950s. The lack of sales during the 1930s was probably a result of the Depression; with economic hardship few farmers or investors would have wanted to risk buying up marginal land such as that in most of the Waimarino blocks. The closing of the road in 197 D D I the Mangatiti Valley in 1943 would have meant that buyers would not be interested in I purchasing those Waimarino 5 blocks to which there was no road access. n In the 1960s land sales in the Waimarino blocks increased once again, although they never reached the levels of the sales in the 1910s and 1920s. The Crown made a substantial purchase ofland in 1960, buying the Waimarino 4AIA, 4A2 and 4A4 blocks n as sites to be developed by prison labour from Waikune prison. The Crown also attempted to buy Waimarino 4A3 on several occasions during the 1960s, but were not n able to persuade the owners to sell until 1967. The Crown made persistent offers of purchase to the Waimarino 4A3 owners and made sure that those owners known to be in n favour of selling were able to attend meetings of assembled owners. The sales of the Waimarino 4AIA, 4A2 and 4A4 blocks once again raise the issue of small numbers of n owners being able to sell blocks on behalf of all other owners. Under section 309 (1) of the Maori ft...ffairs Act 1953 a meeting was properly constituted and able to vote to alienate land if three or more individuals entitled to vote were present for the entire meeting. H In the other Waimarino blocks private purchase was the main factor behind blocks going out of Maori freehold title during the 1960s and early 1970s. Around 50% of the land sold during this period was from subdivisions of the Waimarino 3. It is not clear why sales increased during the 1960s. Increased economic prosperity may have made farmers more inclined to buy up relatively marginal areas of land such as those in the Waimarino blocks. On the other hand increased Maori urbanisation may have encouraged Maori to sell assets such as land in order to help pay for the move to the cities. Living in cities may have meant some Maori felt less connection with distant areas of rural land, which they u may therefore have been more likely to sell. At least one of the sales in the 1960s, that of Waimarino 4B2 to the Pehis in 1968, was a case of successors buying up the shares of the other land owners to gain exclusive ownership rights to the block, which they then converted to general title. The fact that the land was being sold to people who were successors to the original owners may have encouraged the sale. 198 10.5 Factors behind the sale of lands The high level of private land purchasing seen in the 1910s continued through the 1920s, with over 11,000 acres being sold from the Waimarino blocks. In the 1920s a larger area of land, over 7000 acres, was sold from the non-seller blocks than the seller reserves. This may have been a result of the fact that over half the seller reserve area had already been sold. The only major Crown purchases in this period were the sales of the 60-acre Waimarino 8 block and the 420-acre Waimarino F block in 1926. It appears the Crown bought these blocks for the timber on the land. It is not possible to work out all the factors that may have been involved in the large number of land sales in the Waimarino non-seller blocks and seller reserves during the period from 1910 to 1930. A number of possible factors favouring sales of land can be deciphered from the examples looked at in this report. Owners may have regarded blocks they owned in common with many other owners as a financial liability. With many owners it was difficult to reach agreement on developing a block, but rates on such blocks still had to be paid. Rating was a factor that led some owners to lease out their land and others to sell it. Further problems with rating resulted in some cases where land. was leased but the lessee failed to pay the appropriate rent. The arguments that partition would make development easier and help deal with the costs of rates were put forward by the owners of Waimarino 3 when they came to partition their block in 1907. The cost of surveys may have been a factor in selling land, but no direct evidence of this has been uncovered. All the Waimarino surveys appear to have been paid for in cash, as no cases were found of land being taken for survey liens. In the cases of blocks such as Waimarino 3, Waimarino 5 and Waimarino A, the initial partition of the block appears to have been made for the purpose of allocating areas to smaller groups of owners for development. Some owners followed this up whereas others sold their land or ended up with smaller partitioned subdivisions as a result of the sale of shares. In the case of blocks such as Waimarino B, CD and E, it appears that the partition process was largely driven by the sale of shares in the land from the earliest stages. In 199 D D I these blocks little evidence has been found of attempts to develop the land or of D opposition to land sales. o Clearly a major issue in the Waimarino blocks was the inability to establish an effective form of governance structure over a large block with many different owners, most of whom did not actually live on the block in question. In the Waimarino blocks owners tended to opt for partition, whether for sale or to facilitate land development, rather than attempting to set up any larger forms of collective control over land blocks. o Those shareholders holding larger numbers of shares in a block may have favoured sale as they would gain a greater profit from it. The Native Land Act 1909 allowed a quorum of five owners present or with proxy votes at a meeting to sell a block, no matter how o many other owners were not represented at the meeting in question. On the other hand the level of partitioning in blocks such as Waimarino 3 meant that many subdivisions had n only one or two owners. This made purchasing easier for a buyer as they had only one or two owners to deal with. Many owners appear to have sold the more rugged and remote H Waimarino blocks in order to raise capital to develop other land they owned that was more suitable for farming. Others sold land in order to raise money for food, .livestock, n medicine or other necessities. For many owners land was probably the only thing they owned that could be sold for raising capital or ready cash. 10.6 Valuation The current report did not involve a systematic examination of the valuations of all the Waimarino subdivisions nor was a comparison made with valuation of similar areas of land in Whanganui or in other parts of the country. It is still possible from the current I report to identify a number of valuation disputes that emerge in connection with Crown activities in the Waimarino non-seller blocks and seller reserves. The initial valuation the Crown made of the Waimarino B block in 1911 was rejected by the owners of various subdivisions, who only agreed to sell once a higher price per acre was set. In the 1960s the owners of Waimarino 4A3 would only sell their land at a price higher than that 200 n n o o initially offered by the Crown. It is not clear that these cases involve any problems with the initial Crown valuations. They may in fact simply be examples of a bargaining o process by which the landowners were able to gain a higher price for their land. o There were a number of complaints from landowners in Waimarino CD concerning the Crown's valuation of land taken for scenic reserves in 1911. It should be noted that the Crown set monetary values on scenic reserve land based solely on their farming potential, o rather than setting a monetary value on the scenic qualities of the land. As many of these areas were remote and rugged, their monetary value from a farming stand point was often n very low. No action appears to have resulted from these complaints. In contrast, the Native Land Court decided in 1913 that the Public Works Department was not offering a n fair price for the land and timber on the area taken from Waimarino 4 for a scenic reserve . o .The court set a higher price for the department to pay to the owners of this block. 10.7 Europeanisation: the Maori Affairs Amendment Act 1967 H Another important factor from 1967 until 1974 was the Europeanisation of Maori land under the Maori Affairs Amendment Act 1967. Part 1 of this act allowed that a Registrar n of the Maori Land Court could declare areas of Maori land with fewer than five owners to be general land, regardless of the wishes of the owners. This legislation was repealed by the Labour Government in 1973, while the Maori Affairs Amendment Act 1975 allowed that owners who were unhappy with the Europeanisation of their land could have the process repealed and the land returned to Maori title. Over half of the blocks that were Europeanised in the Waimarino were subdivisions of the Waimarino 3 block. The owners of seven out of the ten blocks Europeanised in Waimarino 3 later had the Europeanisation of their blocks repealed. This clearly indicates a considerable level of discontent among the Waimarino 3 owners over the Europeanisation process. The five other blocks Europeanised, the 803-acre Waimarino 5B5 block, three small blocks from Waimarino 6 and the I50-acre Waimarino CD3D block, all stayed in general title. Four are still owned by successors to the original owners and four have been sold to people who are not successors. 201 10.8 Trusts and Amalgamation This report did not look in any detail at attempts to establish Trusts to administer the Waimarino land blocks. The author did not find any evidence of attempts to amalgamate smaller Waimarino blocks into large administrative units. These practices have been common with Maori land in many other parts of the country. The investigation of Trusts and amalgamations in the Waimarino area, if in fact there was such activity, may prove a useful field for some other researcher. 10.9 Overall Conclusion The majority of land in the non-seller blocks and seller reserves passed out of Maori title in the period from 1899 to 1975. A total of around 53,000 acres (72%) was lost from the combined area of around 74,140 acres. Around 27,000 acres (66%) of the original 41,000 acres of the non-seller blocks was lost. Around 26,000 acres (78%) of the original 33,140 acres of the seller reserves was lost. Of the land removed from Maori title the Crown acquired around 12,900 acres, about 17% of the original combined area and about 25% of the alienations. In two particular blocks, Waimarino B and Waimarino 4, the Crown was the major party in the alienation ofland. The history of the Waimarino non-seller blocks and seller reserves is one of major land loss in the 1910s and 1920s, followed by another period of land loss in the 1960s. The legislation of those periods did not work to help the land owners retain their lands. In significant areas of Waimarino the Crown actively worked to acquire Maori land and in all but one minor case did not attempt to return land when the original purpose for which it was acquired ceased to apply. The 'good and effectual grants' guaranteed in the original Waimarino deed were whittled away until only a remnant was held by Maori. ' 202 o o o Bibliography o Unpublished primary sources Waitangi Tribunal D Statement of Claim, Wai 73,13 October 1988, Wai 903 ROD 1.1.5 Statement of Claim, Wai 146, 13 June 1990 and Amendment 1.1a to Wai 146,27 June 1990, Wai 903 ROD 1.1.7 Statement of Claim, Wai 221, 26 March 1987, Wai 903 ROD 1.1.11 Statement of Claim Wai 555,16 February 1996, Wai 903 ROD 1.1.19 Statement of Claim, Wai 843, 23 March 2000, Wai 903 ROD 1.1.27 Statement of Claim, Wai 954,10 October 2001 Statement of Claim, Wai 1072,23 December 2002, Wai 903 ROD 1.1.39 Statement of Claim, Wai 1170, 14 Apri12004, Wai 1170 ROD 1.1.1 n Archives New Zealand, Wellington Whanganui Native Land Court minute books 9, 10, l3, 53, 62, 64, 65 n Tokaanu Native Land Court minute book 16 Aotea Maori Land Court minute book 6 B Aotea Maori Land Court - Wanganui (files held at National Archives) Access number for all of these MLC-WG records is Acc w1645 MLC- WG 3/1906/122 Waimarino 6 MLC- WG 3/19061169 Waimarino E n MLC- WG 3/1907/243 Waimarino El MLC- WG 3/1907/246 Waimarino E5 MLC- WG 3/1908/82 Waimarino E2 MLC- WG 3/1908/132 Waimarino 5F MLC- WG 3119081133 Waimarino 5G MLC- WG 3/1908/179 Waimarino E7 MLC- WG 3/1910/192 Waimarino CD2 MLC- WG 3/19101232 Waimarino C MLC- WG 3/1910/235 Waimarino C MLC- WG 3/1911140 WaimarinoA21 MLC- WG 3/19111118 Waimarino 4 MLC- WG 3/19111143 Waimarino A21 MLC- WG 3/1911/161 Waimarino B3B MLC- WG 3/19111162 WaimarinoA21 MLC- WG 3/1911/269 Waimarino 3D MLC- WG 3119111272 Waimarino 3B MLC- WG 3/1912/3 Waimarino B2 Pt MLC- WG 3/1912/44 Waimarino 30 MLC- WG 3/1912/114 Waimarino 3P MLC- WG 3/1912/196 Waimarino 3Q 203 MLC- WG 3/1912/199 Waimarino 3E2 MLC- WG 3/1912/266 Waimarino 3N1 MLC- WG 3/1912/275 Waimarino 3C MLC- WG 3/1912/300 Waimarino 5B3 MLC- WG 311912/322 Waimarino Bl MLC- WG 3/1912/323 Waimarino 5A5 MLC- WG 3/1912/374 Waimarino 3T MLC- WG 3/1913/94 Waimarino 6D MLC- WG 3/19131150 Waimarino A14 MLC- WG 3/1913/162 Waimarino CD3C MLC- WG 3/19131163 Waimarino CD3B MLC- WG 3/1913/321 Waimarino CD3G Pt MLC- WG 3/1913/336 Waimarino CD3A MLC- WG 3/1913/339 Waimarino 3N2 Pt MLC- WG 3/1914/94 Waimarino 3A MLC- WG 3/1914/95 WaimarinoA19A MLC- WG 3/19141102 Waimarino CDIA MLC- WG 3/19141155 Waimarino CD1E MLC- WG 3/1914/184 Waimarino E4 MLC- WG 3/19141185 Waimarino E5B MLC- WG 3/19141186 Waimarino E7B MLC- WG 3/1914/216 Waimarino CD3F MLC- WG 3/1915/24 Waimarino 6B MLC- WG 3/1915/195 Waimarino CD3B2A MLC- WG 3/1915/260 Waimarino 3Kl MLC- WG 3/1915/261 Waimarino 3K2A MLC- WG 3/1915/278 Raetihi 2B2C3 Waimarino 3K2B MLC- WG 3/1915/291 Waimarino E5A MLC- WG 3/1916/28 Waimarino 3D2 MLC- WG 3/1916/44 WaimarinoA21 MLC- WG 3/1916/91 Waimarino 3J2 MLC- WG 3/1916/177 Waimarino 3NlB Pt MLC- WG 3/1916/246 Waimarino CDlB MLC- WG 3/1916/330 Waimarino 3J3A MLC- WG 3/1917/11 Waimarino CD1C MLC- WG 3/1917/39 Waimarino 5B6B MLC- WG 3/19171159Waimarino EIA MLC- WG 3/1917/369 Waimarino CD3I MLC- WG 3/1917/441 Waimarino 3Dl MLC- WG 3/1917/570 Waimarino 5B4 MLC- WG 3/1917/594 Waimarino ElB MLC- WG 3/1918/170 Waimarino CDIF2 MLC- WG 3/1918/230WaimarinoA12 MLC- WG 3/1918/285 Waimarino 3K2B 1 Pt MLC- WG 3/1918/473 Waimarino 5A4 MLC- WG 311919/124 Waimarino 3G 204 MLC- WG 311919/236 Waimarino 3S MLC- WG 3/1919/322 Waimarino 3M MLC- WG 311919/355 Waimarino 3D3E MLC- WG 3/1919/363 Waimarino A1C MLC- WG 3/1919/443 Waimarino CD3B2B1 MLC- WG 3/1919/164 Waimarino E14 MLC- WG 311919/450 Waimarino AlA MLC- WG 3/1919/592 Waimarino E15 MLC- WG 3/1920/3 Waimarino (no number) MLC- WG 3/1920/220 Waimarino CD1G Pt MLC- WG 3/1920/244 Waimarino 3M2 MLC- WG 311920/503 Waimarino E13 MLC- WG 311920/523 Waimarino 5A4 MLC- WG 311920/567 Waimarino 3A2 MLC- WG 3/1920/619 Waimarino 3L MLC- WG 311920/631 Waimarino E5A1 MLC- WG 3/1921/76 WaimarinoAll MLC- WG 3/19211156 Waimarino 4A5 MLC- WG 3/19211320 Waimarino E2A MLC- WG 3/6 Waimarino E6A MLC- WG 3/51 Waimarino 6F2 MLC- WG 3/65 Waimarino 5B1B MLC- WG 3/73 Waimarino 3E3 MLC- WG 3/91 Waimarino E7A MLC- WG 3/92 Waimarino AID MLC- WG 3/148 Waimarino E8 MLC- WG 3/150 Waimarino E6B MLC- WG 3/162 Waimarino AlB, A1C, AID MLC- WG 3/200 Waimarino F11 MLC- WG 3/304 Waimarino 3H3 MLC- WG 3/344 Waimarino 3K2B3 MLC- WG 3/523 Waimarino 3L2 MLC- WG 3/540 Waimarino E12 MLC- WG 3/659 Waimarino 3J3B MLC- WG 3/788 Waimarino 4B1 MLC- WG 3/820 Waimarino 3E2B MLC- WG 3/914 Waimarino E3 MLC- WG 3/931 Waimarino 3L3A MLC- WG 3/1141 Waimarino CDIGI MLC- WG 3/1148 Waimarino 3L1 MLC- WG 3/1489 Waimarino B3B1 MLC- WG 3/1490 Waimarino B3B2A MLC- WG 3/1491 Waimarino B3B2B MLC- WG 3/1497 Waimarino E9 MLC- WG 3/1498 Waimarino E10 MLC- WG 3/1605 Waimarino 5B5 205 MLC- WG 3/1757 Waimarino 2 MLC- WG 3/1792 Waimarino F MLC- WG 3/1793 Waimarino 7 MLC- WG 3/1852 Waimarino 5B6A2 MLC- WG 3/2113 Waimarino 6F2A MLC- WG 3/3471 Waimarino 3L3C MLC- WG 3/3801 Waimarino 5B6A1 Pt MLC- WG 3/4428 Waimarino 5A2 MLC- WG 3/4529 Waimarino CD 3 MLC- WG 3/5147 Waimarino 6C1 MLC- WG 3/5516 WaimarinoA13C MLC- WG 3/6054 Waimarino A2 MLC- WG 411913/150 WaimarinoA14 MLC- WG 4/914 Waimarino E3 MLC- WG 4/1148 Waimarino 3L1 MLC- WG 4/1757 Waimarino 2 Lots 1 &2 MLC- WG 4/5147 Waimarino 6C1 MLC- WG 4/6054 WaimarinoA2 Maori Affairs files held at National Archives MA 1 1924/202 vols l(Box 508) & 2 (Box 509) Waimarino MA acc w2459 Box 27 5/5/17 Waimarino 4A2, 4A3, 4A4, Crown purchase Waikune Prison, 1954-1967 MA 13 Box 1 General correspondence on a number of blocks including Waimarino 1908- 1913 MA WANG Series 7 Acc 2140 Box 22 Bundle 46 Wh 386 Waimarino, 23 Feb 1926 -1 April 1926 Wh 387 Waimarino vol 1, 120 May 1896 - 20 October 1915 Waimarino vol 2, 21 January 1918 - 30 February 1932 MA WANG Series 7 T2l58 microfilm Wh 388 Waimarino vol 1, 9 April 1935 - 6 December 1948 Waimarino vol 2, 23 October 1950 -19 February 1957 Waimarino vol 3, 20 April 1889 - 14 November 1949 Wh 388A Waimarino vol 1, 31 March 1889 - 10 October 1912 Waimarino vol 2, 28 September 1914 - 16 August 1918 Wh 388B Waimarino, 28 March 1916 - 9 April 1935 Wh 388C Waimarino, 8 August 1907 - 20 January 1938 Wh 388 Waimarino, 16 July 1894 - 26 August 1956 Wh 389A Waimarino, 2 March 1895 -18 December 1918 Wh 389 Waimarino vol 1, 13 February 1909 - 29 September 1949 Waimarino vol 2, 5 January 1950 - 6 September 1956 MA WANG Series 7 Ace 2140 Box 27 Bundle 56 Wh 489 Waimarino Reserves vol 1, 17 July 1895 - 14 January 1915 206 Waimarino Reserves vol 2, 2 September 1933 - 19 August 1949 MA WANG Series 7 Acc 2140 Box 28 Bundle 58 Wh 493A Waimarino, 8 August 1918 -17 July 1953 Wh 493 Waimarino, 4 July 1907 - 2 May 1922 Wh 494 Waimarino rahui, 7 January 1896 - 28 December 1908 Wh 496 Waimarino blocks, 22 June 1896 - 6 July 1911 MA WANG Series 7 Acc 2140 Box 30 Bundle 63 Wh 526 Waimarino, 4 October 1948 - 120ctober 1955 Waimarino vol 1, 15 July 1897 - 12 Apri11943 MA WANG Series 7 T2162 mirofilm Wh 557 Waimarino 8, 31 March 1898 - 14 October 1920 Wh 558 Waimarino, 20 March 1899 - 16 January 1905 MA WANG Series 7 Acc 2140 Box 34 Bundle 71 Wh 564 Waimarino 4, 28 September 1896 - 27 February 1956 MA WANG Series 7 Acc 2140 Box 39 Bundle 82 Wh 604 Waimarino 25 June 1910 - 1 February 1911 Lands and Survey files held at National Archives Waimarino deed, Wellington deed 659, ABWN 8102, Box 105, folder series 12117 Application No 772, LS-W series 46/6 ABWN 7610 W5021 box 813 189 Pt 1 Public Works files ABKK W4069 Box 12252/6 Scenery Preservation ABWN 889 w50211178 25/355/1 pt 1 Waikune Prison Aotea Maori Land Court - Wanganui Block Order Files WH 386 Waimarino 1 WH 387 Waimarino 2 WH 388 folders 1-5 & lA, Waimarino 3 WH 564 folders 1 & 2 Waimarino 4 WH 389 folders 1 & 2 Waimarino 5 WH 526 folders 1 & 2 Waimarino 6 WH 558 Waimarino 7 207 WH 557 Waimarino 8 WH 489A Waimarino A-F Original list of owners WH 489 folders 1 - 21 Waimarino A WH 490 folders 1 & 2 Waimarino B WH 492 folders 1 & 2 Waimarino C & D WH 493 folders 1 & 2 Waimarino E WH 494 Waimarino F WH 714 Kaitieke SD sections 39 & 41 n WH 715 Kaitieke SD sections 39 & 41 Title binders o Title binders 54, 55 Land Information New Zealand o 6925/3485-1-DNO Maori land claims Waimarino 1 32/7/0 Department of Conservation, Ruapehu District Council 50505ID08/0l-DAK Crown landslPt Waimarino 4B2 50501D08-DNO Crown landslPt Waimarino 4B2 o 6900/114l-l-DHN Waimarino block 20/150-l-DWN Waimarino alienation notices 20/8l-l-DWN Waimarino 2 & 5 u 20/93-2-DWN Waimarino E 20/93-l-DWN Waimarino E 20/38-l-DWN Waimarino B, C,_ & D H 20/90-4-DWN Waimarino 4 20/90-1-DWN Waimarino 4 20/248-2-DWN Waimarino 6 20/248-l-DWN Waimarino 6 6925/3485-DAK Maori land claims- Waimarino 1 9/120/1-1-DWN Waimarino County- Proclamation surveys LG 238-1-DWN Section 1 Block N Manganui SD Maps ML772 ML776 ML 1368 ML 1369 ML 1370 ML 1371 ML 1372 ML 1374 ML 1375 u ML 1406 ML 1406A ML 1591 208 r 1 ML 1595 ML2336 ML2389 ML 3281 ML3423 ML2439 ML2453 ML2473A ML2473B ML2638 ML2639 ML2730 SO 10161 SO 16557 SO 20591 SO 36609 Certificates a/Title Waimarino 3 CT 227/90 Waimarino 3AIA CT 6C/646 Waimarino 3El CT 237/174 Waimarino 3Fl CT lOB/448 Waimarino 3H CT 295/229 Waimarino 3Hl CT 295/230 Waimarino 3Hl CT 445/4 Waimarino 3H2 CT 298/46 Waimarino 3H2 CT 445/S Waimarino 3H3A, 3H3B, 3H30 CT F1I81O Waimarino 3H3Cl CT 6C1227 Waimarino 3H3C2 CT 6C/1160 Waimarino 3H3E CT 7C/690 Waimarino 3H4 CT 100/1409 Waimarino 3J1 CT 5C/948 Waimarino 3K2Bl Pt CT 6011238 Waimarino 3K2B2 CT 4911204 Waimarino 3L3C2 CT 556/297 Waimarino 3L1 CT 3731117 Waimarino 3L1 CT373/118 Waimarino 3L1A2 CT 021793 Waimarino 3L3Cl CT 556/299 Waimarino 3M2 CT 388/192 Waimarino 4 CT 191/241 Waimarino 4A3 CT 288/152 Waimarino 4A5 CT 296/202 209 Waimarino 4A5 CT 465/24 Waimarino 4A5 CT 465125 Waimarino 4B1 CT 302/178 Waimarino 4B2 CT297/32 Waimarino 5 CT 219/256 Waimarino 5A2B CT 327/53 Waimarino 5B5 CT 6D/1460 Waimarino 6 CT 157/205 Waimarino 6A1 CT 599/177 Waimarino 6A2A CT 749118 Waimarino 6A2B CT 749/19 Waimarino 6A2C CT 900/9 Waimarino 6C2A CT 6D/1345 Waimarino 6C2B1 CT 6DI1357 Waimarino 6F CT 157/205 Waimarino 6F2C1A CT 9CI112 Waimarino A CT 2351100 Waimarino AlA CT 295/63 Waimarino AlB CT 295/64 Waimarino A1C CT 295/65 Waimarino AID CT 295/66 Waimarino A6 CT8B/1211 Waimarino AlOB CT 7C/643 Waimarino A19AI CT F2/738 Waimarino A20 CT 296/99 Waimarino CD3D CT 2371154 Section 19 Block V: Town ofKakahi CT 286/274 Section 1 Block IV Manganui SD CT 671180 Published primary Sources New Zealand Gazette Te Kahiti a Niu Tirini Appendices of the Journals of the House ofRepresentatives New Zealand Parliamentary Debates NZMSMaps NZMS 261 818 Taumarunui cadastral map NZM8 261 R19 Raurimu- cadastral map NZMS 261 R20 Matemateaonga- cadastral map NZMS 261 S20 Ohakune- cadastral map NZMS 261 818 Taumarunui topographical map NZMS 261 819 Raurimu topographical map NZMS 261 R20 Matemateaonga- topographical map NZM8 261 820 Ohakune- topographical map 210 Unpublished Secondary Sources Anderson, R., 'Whanganui Iwi and the Crown, 1880-1900', (draft), Crown Forestry Rental Trust, 1998. Cross, S., and B. Bargh, 'The Whanganui District: Rangahaua Whanui District 6' , Waitangi Tribunal, 1996. Hamer, P., 'The Crown's Purchase of the Waimarino Block and related issues', Treaty of Waitangi Policy Unit, August 1992, together with a Supplementary Report, October 1992. (Wai 167 B3). Harris, W.W., 'Three Parks: An analysis of the origins and evolution of the New Zealand National Park Movement' , MA thesis, Geography Department, University of Canterbury, 1974 Hodge, R., 'The Scenic Reserves of the Whanganui River, 1891-1986', Waitangi Tribunal, 2002. (Wai 903 A9) Katene, S., 'The Administration of Maori Land in the Aotea District 1900-1927', MA Victoria University of Wellington, 1990. Laurenson, M., 'The Crown's Acquisition of the Waimarino Block', 1991. (Wai 48 AlO, Wai 167 A38). Loveridge, D., 'Maori Land Councils and Maori Land Boards: A Historical Overview, 1900 to 1952: Rangahaua Whanui Series: National Theme K', Waitangi Tribunal, 1996. Maclean, S., 'Waimarino Waahi Tapu: Historical Report', Treaty ofWaitangi Policy Unit, 1994. (Wai 167 CIS). Marr, c., 'Whanganui Land Claims: Historical Overview', Office of Treaty Settlements, 1995. (Wai 48 A22, Wai 903 A7l). Marr, C, 'Waimarino Report' (draft April 2004), Waitangi Tribunal, 2004. O'Sullivan, P., 'The Concerns of the Wanganui Tribes regarding the acquisition of the Waimarino Block by the Crown', unpublished submission for the Wharewananga Trust, 1992. (Wai 48 A16). Ward, A., 'Whanganui ki Maniapoto', preliminary historical report, 1992. (Wai 167 A20). Ward, A., National Overview: Vols 1-3: Rangahaua Whanui Series', Waitangi Tribunal, 1997. 211 Wazl, T., 'Whanganui Land, 1900-1970', Crown Forestry Rental Trust, 2000. Published Secondary Sources Allen, E C, In the Hills of Waimarino: The Human Story of the Development of a District, Wanganui, Wanganui Newspapers Ltd, 1984. Bates, A P, The Bridge to Nowhere: The Ill-fated Mangapurua Settlement, Wanganui, Wanganui Newspapers Ltd, 1981. Gould, A, 'Soldier Settlement in New Zealand after World War 1: A Reappraisal', in J Smart and T Wood (eds) An Anzac Muster: War and Society in Australia and New Zealand 1914-18 and 1939-45, Monash Publications, 1992, pp 114-129. McGibbon, I, The Path to Gallipoli: Defending New Zealand 1840-1915, Wellington, GP Books, 1991, Waitangi Tribunal, The Whanganui Report, Wai 167, Wellington, GP Publications, 1999 Williams, D. Te Kooti Tango Whenua: The Native Land Court 1864-1909, Wellington, Huia Publishers, 1999. Young, D., 'Te Kere Ngataierua', in Dictionary ofNew Zealand Biography, Vo12, 1870- 1900, Ministry ofCuiture & Heritage, Wellington, 1993, pp 517-518 Young, D., Woven by Water: Histories from the Whanganui River, Wellington, Huia Publishers, 1998. 212 Wai 903, #2.4.33 WAI903 WAITANGI TRIBUNAL CONCERNING the Treaty of Waitangi Act 1975 AND CONCERNING Whanganui Claims DIRECTION COMMISSIONING RESEARCH 1 Pursuant to clause 5A(1) of the second schedule of the Treaty of Waitangi Act 1975, the Tribunal commissions Dr Peter Clayworth, a member of staff, to complete a substantive report on the Waimarino reserves and non-seller blocks in the Whanganui district. This report will consider the following matters: a) A scoping of existing relevant research, what issues have already been covered, and a discussion of the report's methodological approach; b) The exact location, and history of the alienation of the reserves and non-seller blocks, through Crown or private purchase or compulsory acquisition; c) An explanation as to whether the Crown, in any of its dealings in Waimarino, differentiated to any significant degree between reserves and non-seller blocks; d) An investigation of the extent to which land compulsorily acquired by the Crown was needed for the purpose taken and whether it was offered back to Maori owners once surplus to Crown requirements. e) A specific investigation of the status and history of the following places: • "Rurumaiakatea", as mentioned in the statement of claim for Wai146; • the 1909 reservation for Maori of land in the Kaitieke survey district (blocks 39A-D and 41B); and, • Kakahi marae, given the inclusion of Kakahi village in the Crown's purchase ofWaimarino No.1 in 1887 f) Figures indicating the overall extent of land loss in the reserves and non-seller blocks; and; 2 it .! i g) Any other relevant matters. 2 This commission will not cover the following matters, which are to be the subject of the main Waimarino report: • The negotiation of the location of the reserves and non-seller blocks; • Delays in survey of these areas; • The reservation of additional land at Tawhata for Te Kere Ngaitaierua and his followers; • The alienation of the land known as Tieke from non-seller block 5; and, • The decommissioning of Waikune Ptison in 1986 and Maoti attempts to have the land and improvements returned to them. 3 This commission commenced on 14 October 2002 and ends on 30 May 2003. By 2 May 2003 a full draft of the report must be completed and a copy presented to the Waitangi Tribunal. The final draft for release must be completed and a copy presented to the Waitangi Tribunal by 30 May 2003. 4 The Registrar is to send copies of this direction to: Dr Peter Clayworth Chief Historian, Waitangi Ttibunal Deputy Chief Historian, Waitangi Tribunal Lead Facilitator Whanganui Inquiry, Waitangi Tribunal Solicitor General, Crown Law Office Director, Office of Treaty Settlements Secretary, Crown Forestry Rental Trust Chief Executive, Te Puni Kokiti Counsel for the Wai 903 Claimants Dated at Wellington this/81A.day of November 2002 Judge Carrie Wainwright Presiding Officer WAITANGI TRIBUNAL