A HISTORY OF THE

TOKANUIBLOCKS

By

Wayne WW Taitoko

This research was commissioned by the Waitangi Tribunal ForWai440

July 1998

The views expressed in this report are those of the author only Table of Contents

Part One: Introduction 2

Part Two: The Tokanui Block History

The Tokanui Block 4

TokanuiA 5

TokanuiB 6

Tokanui C 7

Tokanui 1 24

Tokanui lA 30

Tokanui IB 33

Tokanui IC 40

Pokum IB 41

Part Three Summary 42

Part Four Discussion of Issues 48

Appendices

Appendix One: Direction Commissioning Research 56

Appendix Two: Statement of Claim 58

Bibliography 64

1 PART ONE

INTRODUCTION

My name is Wayne Taitoko. I am a fonner Registrar ofthe Maori Land Court, having worked in the Public Service for twenty years. I have also lectured at Waikato University, in Geography and Maori. I completed a Bachelor of Social Science degree, majoring in Maori and Geography, at Waikato University in 1991. From 1988 to 1996 I was a researcher for the Tainui Maori Trust Board, as part of the Waikato-Tainui Raupatu (Confiscations) claim.

THE CLAIM

This report has been commissioned by the Waitangi Tribunal to research the block history of those lands subject to the claim Wai 440. The claim was lodged with the Tribunal in 1994 by the Manga Maniapoto Research Committee on behalf of the descendants of the original owners of the land.

Wai 440 was made on behalf of the descendants of the original owners who affiliate to Ngati Paretekawa, Ngati Ngutu and Ngati Paea, of the Waikato-Maniapoto confederation of tribes. The claim concerns an area ofland containing 10,205 acres awarded to these hapu as the result of a Native Land Court sitting held in 1889. The claim area is situated immediately south of the Puniu River, which is approximately 50 kilometres south of the city of Hamilton.

THE ISSUES

According to the claimants the large part of their grievance is related to the alienation of their lands for public purposes in the early 1900's. Traditionally the claimants believed that they had firmly established rights to the land and these rights had been extinguished by a deliberate series of events, statutes, policies, acts and omissions by the Crown, its agents and land speculators. Proving these contentions, however, would prove to be a difficult task and their concerns lay donnant for over 80 years.

The defining moment for the claim, however, occurred in 1993 when Health Waikato announced the closure of Tokanui Mental Hospital. Aware that the hospital was located on their land, a number of the descendants of the original owners began some preliminary research into the history ofthese lands. As the research progressed it became clear that there was indeed justification for not only the return of the hospital lands, but also a claim to the Waitangi Tribunal in respect of aU their lands.

At a Hui-a-lwi, held in 1993, the Manga J\~aniapoto Research Committee was appointed to advance the claim and represent the people in all matters relating to the claim. After 12 months the committee lodged a cIaimto the Waitangi Tribunal and for the past four years has been preparing the various and numerous arguments for the claim Those issues identified by the claimants, however, were;

The excessive and unwarranted taking of land for Tokanui Mental Hospital and Waikeria prison. The failure by the Crown to return land when it was no longer required for its public purpose. The dubious nature of Crown acquisition of land by compulsory purchase.

2 The unnecessary and unwarranted taking of land in lieu of survey liens. The loss of access to traditional food gathering areas. The loss of traditional pa sites. The loss of Waahi tapu. The imposition of the Native Land Act and its amendments. The imposition of the Public Works Act and its amendments. Contravention of the Treaty of Waitangi through the above.

All these issues are merely speculation and conjecture, based on the claimants limited knowledge and understanding of what actually happened. Therefore, in order to prove any, or aU of these claims, the claimants understood that they needed to conduct an in-depth analysis of the history ofthe Tokanui blocks.

THE SCOPE OF THE REPORT

As this report is a histOlY of the Tokanui block, it was decided to limit the research to an analysis of the disposal of the numerous sub-divisions, which occurred from 1889 to the present day. The main emphasis of the report will, therefore, be on how the Tokanui block was subdivided, in whom the blocks were vested, how they were eventually disposed of and what their current status is. This will provide the foundation for determining the nature and extent of the claim issues.

THE LAND

The Tokanui block was part of an investigation oftitle into what was referred to as the Rohe Potae block. Encompassing over one million acres, the land was the traditional domain of a number ofthe major iwi and hapu groupings of the North Island, including, Waikato, Ngati Raukawa, Ngati Maniapoto Ngati Tuwharetoa, Taranaki and Whanganui.

Throughout the latter part of the nineteenth century many claims were made to and heard by the Native Land Court in respect of these lands. One such investigation was a 10205-acre block called Tokanui.

SOURCES

The material included in this report has been gathered, primarily from the Maori Land Court Title records. These included the current title binders, Block Order files, minute books and application files. Material has also been gathered from the Land Transfer Office and Land Infonnation New Zealand.

Special thanks go to Mr Lindsay Wilson, Registrar of the Maori Land Court, Hamilton and his staff for their invaluable help and assistance.

3 PART TWO

BLOCK HISTORY

TOKANUI

Location: Blocks IX, X, XI, XV, and XVI Pulliu Survey District

Area: 10,205 acres

Fonner Title: The Rohe Potae Block

Background

The Tokanui block was created as the result of an investigation of title carried out for the area known as the Rohe Potae block. At a sitting of the Native Land Court, which cOlmnenced on 28 July 1886, Major W G Mair, the presiding judge described the investigation as 'perhaps one of the most important cases ever brought before any Court'. The sitting was to investigate claims to an area of over 1,000,000 acres in what is now known as The King Country and would involve claims from Ngati Maniapoto, Ngati Raukawa, Waikato, Ngati Haua, Ngati Tuwaharetoa, Taranaki and Whanganui tribes. lOne of the areas identified for further investigation was called Tokanui.

The Tokanui Block

The first reference to an investigation into the title for Tokanui occurred in June 1889 when a hearing was advertised and potential claimants asked to prepare their claims to the block. Although much work went into preparing the claims, the hearing proper did not commence until 9 October 1889. Over the next three weeks numerous claims and counter-claims were heard. All the leading chiefs of that era gave evidence and on 21 October 1889, the final orders were made.2

Although the title investigation was concerned with the entire Tokanui block, plans and lists had been produced to the Court detailing the proposed subdivision of the 1O,205-acre block. An order was made setting aside the Tokanui block, which was vested in Rewi Manga Maniapoto and 117 others. 3

The Tokanui block was subsequently surveyed in 1895 and charged with the cost of survey, amounting to £127 lIs 3d. 4 This charge would, however, be apportioned to the various sub­ divisions of the Tokanui block5

The block would eventually be sub-divided into Tokanui A, Tokanui B, Tokanui C, Tokanui 1, Tokanui lA, Tokanui IB, and Tokanui Ie.

1 Otorohanga MB, 28 July 1886, fols 36-341 2 Otorohanga MB 8, 9 October 1889, f01s 140-326 3 Partition Order, 21 October 1889 [Al] 4 Survey Charging Order, 25 April 1895 [A2] 5 Survey Schedule [AJ]

4 TOKANUIA

Location: Block XI Puniu Survey District

Area: 464 acres 0 roods 16 perches

Former Title: Tokanui

At a sitting of the Native Land Court held on 29 July 1890, application was made to partition out a portion ofthe original Tokanui block. 1 The order was made and Tokanui A was vested in Makareti Hinewai solely.2

The block was subsequently charged with a proportion of the cost of survey for the original Tokanui block. This amounted to £15 16s Od, however, this charge was paid on 24 September 1898. 3

The block was sold within a month and the title referred to the District Land Registrar on 13 4 October 1898 . The entire block is now general land.

Summary

Reference

Part General land 195 acres 0 roods 00 perches CT 134/213 Part General land 194 acres 0 roods 00 perches CT 137/135 Part General land 68 acres 0 roods 00 perches CT 10311275 Part Roadway 7 acres 0 roods 16 perches

TOTAL 464 acres 0 roods 16 perches

1 Otorohanga MB 9, 29 July 1890, folio 239 [Bl] 2 Partition Order, 29 July 1890 (B2J 3 Survey Schedule, 25 April 1895 [AJ] 4 Transmission to District Land Registrar, 13 OctDber 1898 [B3] 5 Certificate of Title Schedule [K 1]

5 TOKANUIB

Location: Block XI and XV Puniu Survey District

Area: 90 acres 1 rood 10 perches

Fonner Title: Tokanui

At a sitting of the Native Land Court held on 18 July 1902, A.ni Te Amohanga made application to partition out her interests in the original Tokanui block. The Court also heard evidence from a Mr J Elmsly who was seeking to purchase the block. l A sketch plan was produced and the Court made an order vesting the block in Ani Te Amohanga solely.2

The block was subsequently charged with a proportion of the cost of survey for the original Tokanui block. This amounted to £1 2s 7d, however, this charge was released on 14 December 1907?

In 1908 Ani negotiated and completed a sale of the block to Mr J Elmsly. 4 The title was referred to the District Land Registrar in 19095 and is now general land held under Certificate of Title 156/2366

1 Otorohanga MB 41, 18 July 1902, fo!. 54 [ C I J 2 Partition Order, 18 July 1902 [C2] 3 Application for Defined Portion, 2 November 1907 [ C3 ] 4 Memorandum of Transfer, 5 June 1908 [ C4 ] 5 Transmission to District Land Registrar, 11 January 1909 [ C5 ] 6 Certificate of Title Schedule [K 1]

6 TOKANUIC

Location: Blocks IX, X, XI, XIV and XV Plmiu Survey District

Area: 7531 acres

Fonner Title: Tokanui

At a sitting of the Native Land Court held on 18 July 1902, application was made to partition out part of the original Tokanui block in favour of Ani Te Amohanga. 1 The Court made the order sought and at the same time vested the balance of the land in the remaining owners. The block was called Tokanui C and was vested in Rewi Manga Maniapoto and 117 others.2

Prior to the sitting, however, the Native Land Court, on 25 April 1895, made a Survey Charging Order, totalling £127 lIs 3d, against the original Tokanui block. This charge was subsequently apportioned to the various subdivisions of the Tokanui block, including Tokanui C1 to C21.3

Comprising over 7000 acres, finalising partitions of the block took some time. However, at a sitting of the Native Land Court held between 1 February 1904 and 25 March 1904, partition orders were made vesting various parts of the block in those who had laid claim to them.4

The block would be partitioned into 24 blocks and their history is summarised as follows;

Tokanui Cl 421 acres 3 roods 38 perches

The block was vested in Hori Tana and four others5 and charged with a proportion of survey costs for the original Tokanui block, amounting to £5 5s 6d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of · 6 t hIS survey.

Tokanui CIA 243 acres 3 roods 34 perches

This block was awarded to the Crown as a result of the survey lien and Crown purchase of shares in Tokanui C1. 7 The award was made up as follows;

Crown purchase 241 acres 0 roods 22 perches £237 03s Old Survey Lien 2 acres 3 roods 12 perches £ 6 11s 11d8

1 Otorohanga MB 41, 18 July 1902, f0154 [eI] 2 Partition Order, 18 July 1902 [D1] 3 Survey Schedule, 25 April 1895 [A3] 4 Otorohanga MB 42, 1 February to 25 March 1904, fols 30-32,35-37, 153, 159 [D2] 5 Partition Order, 1 February 1904 [D3] 6 Application for Defined Portion, 2 November 1907 [D4] 7 Partition Order, 14 April 1908 [D5] 8 Otorohanga MB 49, 14 April 1908, fol 89 [D6]

7 9 The block was declared Crown land in 1909 , and was amalgamated with Tokanui C2A and other blocks. This new block was called Section 3 Block X Puniu Survey District. In 1910 it was set-aside for mental hospital purposes, under the Public Works Act 1908.10 The block itself, however, was never used as the site for Tokanui Hospital. Indeed no hospital facilities were built on the block and nor does it appear in the current certificate oftitle for Tokanui.

In 1970 the block was transferred to the Ministry of Agriculture and Fisheries for agricultural research purposes. 11 The block is still held for that purpose.

Tokanui CIB 178 acres 0 roods 4 perches

This block was the residue, following acquisition by the Crown, ofpart ofTokanui CL The block was vested in Te Wakana Paraheke and two others. 1

The block was eventually sold to a Mr R. Caley13 and the title forwarded to the District Land Registrar in 1911. 14 The block is now genera11and, held under Certificate of Title 310/3615

Tokanui C2 180 acres 2 roods 39 perches

The block was vested in Te Hira Kingi and Whiua Kingi 16 and charged with a proportion of survey costs for the original Tokanui block, amounting to £2 5s 2d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of · 17 t hIS survey.

Tokanui C2A 91 acres 3 roods 03 perches

This block was awarded to the Crown as a result of the survey lien and Crown purchase of shares in Tokanui C2.18 The award was made up as follows;

Crown purchase 90 acres 1 rood 19 perches £152 lOs 15d Survey Lien 1 acre 1 rood 24 perches £ 2 16s 05d19

In 1910 the block was amalgamated with Tokanui CIA and others, renamed Section 3 Block X Puniu Survey District and taken under the Public Works Act 1908 for Tokanui Mental Hospita1. 20

9 New Zealand Gazette, 1909, p 2067 [J2] 10 New Zealand Gazette, 1910, p 3719 [J6] 11 New Zealand Gazette, 1970, p 2473 [JI81 12 Partition Order, 14 April 1908 [D7] 13 Certificate of Title Schedule [K1] 14 Transmission to District Land Registrar, 16 August 1911 [D9] 15 Certificate of Title Schedule [Kl] 16 Partition Order, 1 February 1904 [DlO] 17 Application for Defined Portion, 2 November 1907 [D 11] 18 Partition Order, 14 April 1908 [D12] 19 OtorohangaMB 49,14 April 1909, fo190 [Dl3] 20 New Zealand Gazette, 1910, p 3719 [J6}

8 In 1970 the block was transferred to the Ministry of Agriculture and Fisheries for 21 agricultural research purposes. The block is still held for that purpose.

Tokanui C2B 88 acres 3 roods 36 perches

This block was the residue, following acquisition by the Crown, of part of Tokanui C2. The block was vested in Whiua Kingi, solely. 22

The block was then amalgamated with Tokanui C2A and others and renamed Section 3 Block X Puniu Survey District. In 1910 the Crown took the block under the Public 23 Works Act 1908 for Tokanui Mental Hospita1. Compensation, amounting to £155 7s Od, was assessed in favour of the owner. 2

In 1970 the block was transferred to the Ministry of Agriculture and Fisheries for agricultural research purposes.25 The block is stin held for that purpose

TokanuiC3 90 acres 1 rood 19 perches

The block was vested in Hera Te Au solely?6 and charged with a proportion of survey costs for the original Tokanui block, amounting to £1 2s 7d. This lien was repaid by the owner.27 Tokanui C3 itself was subsequently surveyed and a Survey Charging Order, amounting to £11 8s 4d made against the block.28

On 14 August 1909 the Surveyor General made application to the Court for land in lieu of this survey.29 The lien, however, was repaid by the owner. 30 31 The title was referred to the District Land Registrar in August 1910. The block is now general land, held under Certificate of TitIe 707/253 and 707/386. 32

Tokanui C4 640 acres 0 roods 23 perches

The block was vested in Makareti Hinewai solely33 and charged with a proportion of survey costs for the original Tokanui block, amounting to £8 Os Od. This lien was repaid by the owner. 34

35 The title was referred to the District Land Registrar in August 1907. The block is now general land, held under Certificate of Title 183/127.36

21 New Zealand Gazette, 1970, p 2473 [JI8] 22 Partition Order, 14 April 1908 [Dl4] 23 New Zealand Gazette, 1910, p 3719 [J6] 24 Compensation Order, 17 August 1911 [DIS] 25 New Zealand Gazette, 1970, p 2473 [J6] 26 Partition Order, I February 1904 [D16] 27 Application for Defined Portion, 2 November 1907 [D17] 28 Survey Charging Order, 11 February 1910 [DI8] 29 Application for Defined Portion, 14 August 1909 [D19] 30 Otorohanga MB 48, 17 April 1908, P 2 [D20] 31 Transmission to District Land Registrar, 4 August 1910 [D22] 32 Certificate of Title Schedule [Kl] 33 Partition Order, 1 February 1904 [D23] 34 Application for Defined Portion, 2 November 1907 [D24] 35 Transmission to District Land Registrar, 23 August 1907 [D2S]

9 Tokanui C5 120 acres 1 rood 39 perches

The block was vested in Te Rangitakaiwaho, solell7 and charged with a proportion of survey costs for the original Tokanui block, amounting to £1 lOs Old.

On 22 April 1908, application was made to the Court for land in lieu of this survey.38 The Court heard the application on that date and orders made partitioning the block, as follows;

Tokanui C5A Vested in her Majesty 4 acres 3 roods 20 perches

Tokanui C5B Vested in Owners 115 acres 2 roods 19 perches

The Court, however, held off signing the final orders until the owner had been given the opportunity to repay the lien. On 3 April 1912, confirmation that the lien had been repaid was received and the orders cancelled

The block was eventually sold and is now general land.

Tokanui C6 281 acres 0 roods 35 perches 39 The block was vested in Pango Rauangi and three others and charged with a proportion of survey costs for the original Tokanui block, amounting to £3 lOs 4d. The lien was, however, repaid. 40

The title was referred to the District Land Registrar in December 1914.41 The block is now general land, held under Certificate of Title 408/174.42

Tokanui C7 570 acres 3 roods 16 perches 43 The block was vested in Heni Purangi and seven others and charged with a proportion of survey costs for the original Tokanui block, amounting to £7 2s 8d. 44 The lien was repaid by the owner.

The block would eventually be further partitioned.

Tokanui C7A 149 acres 2 roods 20 perches

36 Certificate of Title Schedule [Kl] 37 Partition Order, 1 February 1904 [D26] 38 Otorohanga MB 49, 22 April 1908 [D27J 39 Partition Order, 1 February 1904 [D3l] 40 Application for Defined Portion, 2 November 1907 [D32J 41 Transmission to District Land Registrar, 18 February 1914 [D33] 42 Certificate of Title Schedule, [KIJ 43 Partition Order, 1 February 1904 [D34] 44 Application for Defined Portion, 2 November 1907 [D35J

10 In 1948 the owners of Tokanui C7 sought to partition the block. At a sitting of the Court held on 22 July 1948, the partition was granted45 and Tokanui C7A was vested in Merehana Purangi and Ngahei Mere, equally.46

The block is still Maori freehold land, currently vested in trustees pursuant to section 47 438 of the Maori Affairs Act 1953.

Tokanui C7B 116 acres 0 roods 2 perches

This block, also created on 22 July 1948, was vested in John William Ellis and six 48 others. In 1949 a Mr H. Howcroft purchased the block for £879 Os Od. 49

The block is now general land, held under Certificate of Title 960/142.50

Tokanui C7C 304 acres 0 roods 21 perches 51 This block was vested in Te Amokura Rangiora and 10 others. In 1949 a Mr H. 52 Howcroft purchased the block for £1354 Os Od.

The block is now general land, held under Certificate of Title 963/108.53

Tokanui C8 406 acres 2 roods 28 perches 54 The block was vested in Ngahuka Riria and three others and charged with a proportion of survey costs for the original T okanui block, amounting to £5 Os Od

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of this survey. 55 Tokanui C8A 230 acres 0 roods 6 perches 56 This block was awarded to the Crown as a result dfthe survey lien and Crown purchase of shares in Tokanui C8. The award was made up as follows;

Crown purchase 220 acres 0 roods 0 perches 57 Survey Lien 10 acres 0 roods 6 perches £6 5s 3d

45 Otorohanga MB 75, 22 July 1948, fols 242-244 [D36] 46 Partition Order, 22 July 1948 [D37] 47 Memorial Schedule, Tokanui C7 A [D38] 48 Partition Order, 22 July 1948 [D39] 49 Alienation Notice, 19 July 1949 [D40] 50 Certificate of Title Schedule [Kl] 51 Partition Order, 22 July 1948 [D41] 52 Alienation Notice, 19 July 1948 [D42] 53 Certificate of Title Schedule [K1] 54 Partition Order, 1 February 1904 [D43] 55 Application for Defined Portion, 2 November 1907 [D44] 56 Partition Order, 22 April 1908 [D45] 57 Otorohanga MB 49, 22 April 1908, fo1112 [D46]

11 In 1910 the block was advertised as 'Rural land Open for Selection' 58 and in 1919 the title was forwarded to the District Land Registrar. The block is now general land, held under Certificate of Title 131118. 59

Tokanui C8B 173 acres 0 roods 15 perches

This block was the residue, following acquisition by the Crown, of part of Tokanui C8. The block was vested in Ngahuka Riria and four others.60

The block was eventually sold in two parts to Messrs E. Mold and M. Day and is now general land, held under Certificate of Title 234/244 and 239/186. 61

At the time this block was created, a burial reserve named Tokanui had already been established within the boundaries ofTokanui C8B. No specific mention was made of this reserve and it was eventually absorbed into Tokanui C8B.

Tokanui C9 271 acres 0 roods 19 perche~

The block was vested in Te Aohau Ngawiki and four others62 and charged with a proportion of survey costs for the original Tokanui block, amounting to £3 7s 9d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of this survey. The lien was repaid by the owner.63

Tokanui C9A 57 acres 2 roods 31 perches

On 2 September 1910, the Court heard an application by Ngawiki Ngahuka to partition out his shares in Tokanui C9. The Court made the orders sought and vested Tokanui C9A in Ngawiki Ngahuka solely.64

The block is still Maori Freehold land.

Tokanui C9B 201 acres 3 roods 2 perches

This block was the residue followin partition of Tokanui C9. The block was vested in es Te Aohau Ngawiki and four others. 5 In the years that followed parts of the block were sold. The summary of this is as follows;

Owner Reference

186 acres 2 roods 37 perches T. O'Brien CT 1026/33 1 acre 0 roods 00 perches A Austin CT 1028/125

58 Rural Lands Notice, 21 November 1910 [D47] 59 Certificate of Title Schedule [Kl] 60 Partition Order, 22 April 1908 [D48] 61 Certificate of Title Schedule [K1] 62 Partition Order, 1 February 1904 [D49] 63 Application for Defined Portion, 2 November 1907 [D50] 64 Partition Order, 2 September 1910 [D51 J 65 Partition Order, 2 September 1910 [D52]

12 66 o acres 0 roods 32 perches W. Parekura CT 468/164

The balance area of 12 acres 3 roods 05 perches is still Maori Freehold land.

Tokanui CI0 136 acres 3 roods 11 perches 7 The block was vested in Kingi Te Mate solell and charged with a proportion of survey costs 68 for the original Tokanui block, amounting to £1 13s lId. This lien, however, was repaid

In 1908 the owner negotiated and completed a sale ofthe block to a Mr 1. Elmsly, for £170 Os Od. 69

The title was forwarded to the District Land Registrar in 1909 and is now general land, held under Certificate of Title 159/99.70

Tokanui C11 15 acres 0 roods 10 perches

The block was vested in Te Anga Toheroa solely71 and charged with a proportion of surver 7 costs for the original Tokanui block, amounting to £0 3s 9d. This lien, however, was paid

The block was eventually sold to a Mr 1. Teasdale 73 and the title was forwarded to the District Land Registrar in 1907.74 The block is now general land, held under Certificate of Title 174/102 and 174/122.75

Tokanui C12 418 acres 2 roods 39 perches 76 The block was vested in Te Apaapa Kawenui and seven others and charged with a proportion of survey costs for the original Tokanui block, amounting to £5 4s 9d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of · 77 t hIS survey.

Tokanui Cl2A 231 acres 3 roods 23 perches

This block was awarded to the Crown as a result of the survey lien and Crown purchase of shares in Tokanui C12.78 The award Was made up as follows;

Crown purchase 228 acres 3 roods 31 perches £418 14s 06d

66 Certificate of Title Schedule [KI] 67 Partition Order, 1 February 1904 [D53} 68 Application for Defined Portion, 2 November 1907 [D54] 69 Memorandum of Transfer, 12 June 1908 [D55] 70 Certificate of Title Schedule [Kl] 71 Partition Order, 1 February 1904 [D56] 72 Application for Defined Portion, 2 November 1907 [D57] 73 Certificate of Title Schedule [Kl] 74 Transmission to District Land Registrar, 23 August 1907 [D58] 75 Certificate of Title Schedule [Kl] 76 Partition Order, 2 February 1904 [D59] 77 Application for Defined Portion, 2 November 1907 [D60] 78 Partition Order, 14 April 1908 [D61]

13 79 Survey Lien 1 acre 1 rood 24 perches £ 6 lIs 00d

The block was declared Crown land in 1909 and amalgamated with Tokanui 1D1 and others. The amalgamated block was renamed Part Section 1 Block XV Puniu Survey District and in 1910 was taken under the Public Works Act 1908 for Tokanui Mental Hospital. 80

The block, however, was not utilised for Tokanui and in 1961 was transferred to Waikeria Prison.81 In the final determination oftitle for Waikeria, Tokanui C12A was not required. The Crown amalgamated the block with several others, created new titles and subsequently sold the block. Tokanui CllA is now general land. 82

Tokanui C12B 186 acres 3 roods 13 perches

This block was the residue fonowing acquisition, by the Crown, of part of Tokanui 83 C12. The block was vested in Moim Te Hiria and three others.

In 1910, the block was taken under the Public Works Act 1908 for Tokanui Mental Hospita1. 84 Compensation, amounting to £305 5s Od was assessed in proportion to the owners shareholding. 85

The block, however, was not required for Tokanui and in 1961 was transferred to Waikeria Prison.86 In 1983 part oftms block (3.0828 hectares) was declared Crown 87 land and sold to K and J. Parker (the adjoining landowners) for $14000.00. 88 The balance is now part ofWaikeria Prison, under Certificate of Title 56D/758.

Tokanui C13 180 acres 2 roods 39 perches 89 The block was vested in Ngawai Te Rangianini and two others and charged with a proportion of survey costs for the original Tokanui block, amounting to £2 5s 2d. The block would be further partitioned and the survey charge apportioned to the new blocks.

Tokanui C13A 60 acres 1 rood 00 perches

On 8 March 1905, Waho Tapuae brought an application to the Court to partition out 90 his shares in Tokanui C13 . The orders were made and Tokanui C13A vested in Waho Tapuae, solely.91

79 Otorohanga MB 49, 14 April 1908, fol91 [D62] 80 New Zealand Gazette, 1910, p 3719 [Jl] 81 New Zealand Gazette, 1961, Penal Institutions Notice 1961, p 714 [Jl] 82 Certificate of Title Schedule [Kl] 83 Partition Order, 14 April 1908 [D63] 84 New Zealand Gazette, 1910, p 3719 [II] 85 Compensation Order, 17 August 1911 [D64] 86 New Zealand Gazette, 1961, Penal Institutions Notice 1961, p 714 [11] 87 Land Corporation Limited. W aikeria Youth Institution. Land Holdings. Undated 88 Certificate of title 56D1758, 14 June 1995 [Ll] 89 Partition Order, 3 February 1904 [D65] 90 OtorohangaMB 44,8 March 1905, fols 12-13 [D66] 9I Partition Order, 8 March 1905 [D67]

14 Although charged with a proportion of the survey cost for the original Tokanui block, this was released in 1908.92

The block is still Maori Freehold land

Tokanui Cl3B 115 acres 1 rood 27 perches

This block was the residue, following partition of Tokanui Cl3 and was vested in Ngawai Te Rangianini and Tukahui Parekura equally.93

Although charged with a proportion ofthe survey cost for the original Tokanui block, this was released in 1908.94

The block would eventually be further partitioned.

Tokanui Cl3Bl 28 acres 3 roods 17 perches

On 22 March 1915, Tukahui Parekura brought an application to the Court to partition out his shares in Tokanui C13B.95 The orders were made and Tokanui C13Bl vested in Tukahui Parekura, solely.96

The block was sold to a Mr F. Coe and is now general land, held under Certificate of Title 266/52 and 266/53. 97

Tokanui C13B2 86 acres 2 roods 10 perches

This block was the residue, following partition of Tokanui C13B and was vested in Ngawai Te Rangianini solely. 98

The block was sold in two parts to Messrs N. Rowe (66 acres 0 roods 23 perches) and A and J Wilson (20 acres 1 rood 27 perches).

The block is now general land, held under Certificate of Title 266/130 and 1503/211 respectively. 99

Tokanui C14 346 acres 1 roods 28 perches

The block was vested in Ngahiraka Te Rangianini and four others lOO and charged with a proportion of survey costs for the original Tokanui block, amounting to £4 6s 7d.

92 Application for Defined Portion, 2 November 1907 [D68] 93 Partition Order, 8 March 1905 [D69] 94 Application for Defined Portion, 2 November 1907 [D70] 95 OtorohangaMB 57, 22 March 1915, fols 57-58 [D71] 96 Partition Order, 22 March 1915 [D72] 97 Certificate of Title Schedule [Kl] 98 Partition Order, 22 March 1915 [D73] 99 Certificate of Title Schedule [Kl] 100 Partition Order, 3 February 1904 [D74]

15 On 2 November 1907 the Surveyor General made application to the Court for land in lieu of 101 t hi S survey.

Tokanui C14A 94 acres 1 rood 19 perches

This block was awarded to the Crown as a result ofthe survey lien and Crown purchase of shares in Tokanui C14.102 The award was made up as follows;

Crown purchase 90 acres 1 rood 19 perches £342 8s 6d103 Survey Lien 4 acres 0 roods 00 perches £ 5 8s 3d104

The block was declared Crown land in 1909, however it was never set-aside for either Tokanui or Waikeria. The Crown amalgamated the block with several others, created new titles and subsequently sold the block. Tokanui C 14A is now general land. 105

Tokanui CI4B 244 acres 2 roods 13 perches

This block was the residue, following acquisition by the Crown, of part of Tokanui C14. The block was vested in Ngahiraka Te Rangianini and two others. 106

In 1910, however, the Crown took the block under the Public Works Act 1908 for Tokanui Mental Hospital. 107 Compensation, amounting to £733 15s Od, was assessed m. proportIOn . to t h e owners s hare hId' 0 mg. 108

The block was never used for Tokanui or Waikeria. The Crown amalgamated the block with several others, created new titles and subsequently sold the block. Tokanui C14B is now general land. 109

Tokanui C15 376 acres 2 roods 08 perches

1 The block was vested in Parekura Te Rangianini and five others 10 and charged with a proportion of survey costs for the original Tokanui block, amounting to £4 14s 2d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of this survey. III

Tokanui Cl5A 158 acres 3 roods 21 perches

This block was awarded to the Crown as a result ofthe survey lien and Crown purchase of shares in Tokanui CI5. 112 The award was made up as follows;

101 Application for Defined Portion, 2 November 1907 [D7S] 102 Partition Order, 14 April 1908 [D76] 103 Deed of Purchase, 13 April 1908, No. 3829 [Ml] 104 Otorohanga ME 49, 14 April 1908, fo192 [D77] 105 Certificate of Title Schedule [Kl] 106 Partition Order, 3 February 1904 [D78] 107 New Zealand Gazette, 1910, p 3719 [Jl] 108 Compensation Order, 17 August 1911 [D79] 109 Certificate of Title Schedule [Kl] 110 Partition Order, 3 February 1904 [D80] 111 Application for Defined Portion, 2 November 1907 [D81]

16 Crown purchase 155 acres 1 rood 29 perches £376 lOs Odl13 Survey Lien 3 acres 1 rood 32 perches £ 5 8s 3d1l4

The block was declared Crown land in 1909, however only part of the block was set aside for Waikeria. This part is now contained in Certificate of Title 56D/758 as part of Waikeria Prison. 115

The balance was amalgamated with several other blocks, new titles were created and these were subsequently sold. This part of Tokanui Cl5A is now general land. 116

Tokanui C15B 215 acres 0 roods 2 perches

This block was the residue, following acquisition by the Crown, of part of Tokanui C15. The block was vested in Parekura Te Rangianini and three others. 1l7

In 1910, however, the Crown took the block under the Public Works Act 1908 for 8 Tokanui Mental HospitaL1l Compensation, amounting to £430 Os Od, was assessed, 119 however, at a sitting of the Native Appellate Court held on 18 June 1913 the compensation was amended to £483 15s 6d. This was assessed in proportion to the owners shareholding. 12o

The Crown amalgamated the block with several others, created new titles and subsequently sold the block. Tokanui C15B is now general land. 121

Tokanui C16 308 acres 3 roods 04 perches

122 The block was vested in Riwai Taraiti and five others and charged with a proportion of survey costs for the original Tokanui block, amounting to £3 17s 2d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of · 123 th IS survey.

Tokanui C16A 115 acres 2 roods 26 perches

This block was awarded to the Crown as a result of the survey lien and Crown purchase of shares in Tokanui C16. 124 The award was made up as follows;

112 Partition Order, 15 April 1908 [D82] 113 Deed of Purchase, 14 April 1908, No. 3830 [M2J 114 Otorohanga MB 49, IS April 1908, fol95 [D83] 115 Certificate of Title 56D1758 [LI] \16 Certificate of Title Schedule [KI] 117 Partition Order, IS April 1908 [D84] 118 New Zealand Gazette, 1910, p 3719 [II] 119 Compensation Order, 17 August 1911 [D85] 120 Maori Appellate Court Judgement, 18 June 1913 [D86] 121 Certificate of Title Schedule [Kl] 122 Partition Order, 3 February 1904 [D87] 123 Application for Defined Portion, 2 November 1907 [D88J 124 Partition Order, 15 April 1908 [D89]

17 Crown purchase 112 acres 3 roods 34 perches £308 ISs 07d Survey Lien 2 acres 2 roods 32 perches £ 2 14s lOd125

The block was declared Crown land in 1909, however it was never set~aside for either Tokanui or Waikeria.

The Crown amalgamated the block "vith several others, created new titles and subsequently sold the block. Tokanui C16A is now general land. 126

Tokanui C 16B 191 acres 1 rood 34 perches

This block was the residue following acquisition, by the Crown, of part of Tokanui C16. The block was vested in Maki Te Purangi and two others. 127

In 1910, however, the Crown took the block under the Public Works Act 1908 for Tokanui Mental Hospital. 128 Compensation, amounting to £335 Os Od, was assessed in proportion to the owners shareholding. 129

The Crown amalgamated the block with several others, created new titles and subsequently sold the block. Tokanui C16B is now general land. 130

Tokanui C17 120 acres 1 rood 39 perches

The block was vested in Hera Putini and Ttmga Tapui 131 and charged with a proportion of survey costs for the original Tokanui block, amounting to £1 lOs 2d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of this survey. 132 T okanui C 17A 61 acres 2 roods 01 perches

This block was awarded to the Crown as a result of the survey lien and Crown purchase of shares in Tokanui C 17. 133 The award was made up as follows;

Crown purchase 60 acres 0 roods 39.5 perches £90 07s 06d Survey Lien 1 acre 1 rood 02 perches £ 1 17s 09d134

The block was declared Crown land in 1909, however, only part of the block was set aside for Waikeria. This part is now contained in Certificate of Title 56D/758 as part o fWal'k ena . P'nson. 135

125 Otorohanga MB 49, 15 April 1908, fo196 (D90] 126 Certificate of Title Schedule [Kl] 127 Partition Order, 15 April 1908 [D91] 128 New Zealand Gazette, 1910, p 3719 [11] 129 Compensation Order, 17 August 1911 (D92] 130 Certificate of Title Schedule (Kl] 131 Partition Order, 3 February 1904 (D93] 132 Application for Defined Portion, 2 November 1907 (D94] 133 Partition Order, 15 April 1908 [D95] 134 OtorohangaMB 49, 15 April 1908, fol 105 (D96J 135 Certificate of Title 56D/758 [L1]

18 The balance was amalgamated with several other blocks, new titles were created and these were subsequently sold. Tokanui C17A is now generalland136

Tokanui C17B 58 acres 3 roods 38 perches

This block was the residue, following acquisition by the Crown, of part ofTokanui C17. The block was vested in Hera Putini solely. 137

In 1910, however, the Crown took the block under the Public Works Act 1908 for Tokanui Mental Hospital. 138 Compensation, amounting to £71 Os Od was assessed in proportion to the owners shareholding. 139

The Crown amalgamated the block with several others, created new titles and subsequently sold the block. Tokanui C17B is now general land. 140

Tokanui CIS 587 acres 1 rood 28 perches

The block was vested in Hepi Whakataute and 12 others141 and charged with a proportion of survey costs for the original Tokanui block, amounting to £7 7s 4d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of 142 t hi S survey.

Tokanui C18A 56 acres 0 roods 23 perches

This block was awarded to the Crown as a result of the survey hen and Crown purchase of shares in Tokanui C 18. 143 The award was made up as follows;

Crown purchase 47 acres 2 roods 31 perches £587 08s 06d Survey Lien 8 acres 1 rood 32 perches £ 9 04s 02d144

The block was declared Crown land in 1909 and amalgamated with Tokanui C21B and others. The new block was named Section 1 Block XV Pulliu Survey District and in 1910 was taken under the Public Works Act 1908 for Tokanui Hospital. 145

The block was never used for Tokanui Hospital, however, and in 1961 was transferred to Waikeria Prison. 146 It is still currently being used as such and is now contained in Certificate of Title 56D/758. 147

136 Certificate of Title Schedule [Kl] 137 Partition Order, 15 April 1908 [D97] 13& New Zealand Gazette, 1910, p 3719 [Jl] 139 Compensation Order, 17 August 1911 [D98] 140 Certificate of Title Schedule [Kl] 141 Partition Order, 3 February 1904 [D99] 142 Application for Defined Portion, 2 November 1907 [D100] 143 Partition Order, 15 April 1908 [D101] 144 Otorohanga MB 49, 15 April 1908, fo1104 [D102] 145 New Zealand Gazette, 1910, p 3719 [Jl] 146 New Zealand Gazette, 1961, Penal Institutions Notice 1961, p 714 [Il] 147 Certificate of Title 56D/758 [Ll]

19 Tokanui C18B 531 acres 1 rood 5 perches

This block was the residue, following acquisition by the Crown, of part of Tokanui C18. The block was vested in Hepi Whakataute and 15 others. 148

In 1910, however, the Crown took the block under the Public Works Act 1908 for Tokanui Mental Hospital. 149 Compensation, amounting to £929 5s Od, was assessed in proportion to the owners shareholding. 150

The block was never used for Tokanui Hospital, however, and in 1961 was transferred to Waikeria Prison. It is still currently being used as such and is now contained in Certificate of Title 56D1758. 151

Tokanui C19 180 acres 2 roods 39 perches

The block was vested in Kingi Te Mate and four others152 and charged with a proportion of survey costs for the original Tokanui block, amounting to £2 5s 3d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of this survey. 153

Tokanui C19A 136 acres 1 rood 39 perches

This block was awarded to the Crown as a result of the survey lien and Crown purchase of shares in Tokanui C19. 154 The award was made up as follows;

Crown purchase 135 acres 2 roods 09 perches £180 14s lOd Survey Lien o acres 3 roods 30 perches £ 2 16s 07dI55

The block was declared Crown land in 1909 and amalgamated with Tokanui C21B and others. The new block was named Section 1 Block XV Puniu Survey District and in 1910 was taken under the Public Works Act 1908 for Tokanui Hospital. 156

The block was never used for Tokanui Hospital, however, and in 1961 was transferred to Waikeria Prison. 157 It is still currently being used as such and is now contained in Certificate of Title 56D1758. 158

Tokanui C 19B 44 acres 1 rood 0 perches

148 Partition Order, 15 April 1908 [DI03] 149 New Zealand Gazette, 1910, p 3719 [Ill 150 Compensation Order, 17 August 1911 [DI04] lSI Certificate of Title 56D/758 [Ll] 152 Partition Order, 3 February 1904 [D105] 153 Application for Defined Portion, 2 November 1907 [D106] 154 Partition Order, 15 Apri11908 [D107] 155 OtorohangaMB 49,15 AprilI908, fo197 [DI08] 156 New Zealand Gazette, 1910, p 3719 [Il] 157 New Zealand Gazette, 1961, Penal Institutions Notice 1961, p 714 [Il] 158 Certificate of Title 56D1758 [Ll]

20 This block was the residue, following acquisition by the Crown, of part of Tokanui CI9. The block was vested in Tiwa Kingi, solely. 159

In 1910, however, the Crown took the block under the Public Works Act -1908 for Tokanui Mental Hospital. 160 Compensation, amounting to £77 lOs Od was assessed in proportion to the owners shareholding. 161

The block was never used for Tokanui Hospital, however, and in 1961 was transferred to Waikeria Prison. 162 It is still currently being used as such and is now contained in Certificate of Title 56D1758. 163

Tokanui C20 502 acres 0 roods 11 perches

The block was vested in Ngaraka Hatua and 10 others 164 and charged with a proportion of survey costs for the original Tokanui block, amounting to £6 5s 6d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of this survey. 165

Tokanui C20A 462 acres 2 roods 38 perches

This block was awarded to the Crown as a result of the survey lien and Crown purchase of shares in Tokanui C20. 166 The award was made up as fonows;

Crown purchase 461 acres 3 roods 25 perches £376 lIs OOd Survey Lien oacres 3 roods 13 perches £ 7 16s lld167

The block was declared Crown land in 1909 and amalgamated with part Tokanui C2lA. The new block was named Section 5 Block XV Puniu Survey District and in 1910 was taken under the Public Works Act 1908 for Waikeria Refonnatory Farm. 168

It is still currently being used as such and is now contained in Certificate of Title 56D1758. 169

Tokanui C20B 39 acres I rood 13 perches

This block was the residue, following acquisition by the Crown, of part of Tokanui C20. The block was vested in Moihi Hatua and Hinewaho Moihi equally. 170

159 Partition Order, 15 April 1908 [D 109] 160 New Zealand Gazette, 1910, p 3719 [Jl] 161 Compensation Order, 17 August 1911 [D 110] 162 New Zealand Gazette, 1961, Penal Institutions Notice 1961, p 714 [Jl] 163 Certificate of Title 56D1758 [Ll] 164 Partition Order, 23 March 1904 [DIll] 165 Application for Defined Portion, 2 November 1907 [D1l2] 166 Partition Order, 22 April 1908 [D 113] 167 Otorohanga ME 49, 22 April 1908, fo1113 [D114] 16& New Zealand Gazette, 1910, p 3672 [n] 169 Certificate of Title 56D1758 [Ll] 170 Partition Order, 22 April 1908 [Dl15]

21 In 1910, however, the Crown took the block under the Public Works Act 1908 for Waikeria Refonnatory Fann.I7l Compensation, amounting to £90 OOs Od was assessed in proportion to the owners shareholding. 172

The block was amalgamated with Tokanui C20A, renamed Section 5 Block XV Puniu Survey District and is now part ofWaikeria Prison in Certificate of Title 56D/758. 173

Tokanui C21 1284 acres 2 roods 20 perches

The block was vested in Hapeta Inurangi and 20 others174 and charged with a proportion of survey costs for the original Tokanui block, amounting to £16 Is 2d.

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of this survey. 175

Tokanui C21A 782 acres 2 roods 35 perches

This block was awarded to the Crown as a result ofthe survey lien and Crown purchase of shares in Tokanui C21. 176 The award was made up as follows;

Crown purchase 774 acres 3 roods 02 perches £376 lIs OOd177 Survey Lien 7 acres 3 roods 33 perches £ 20 01s 06d178

The block was declared Crown land in 1909 and amalgamated with part Tokanui C 18B and others. The new block was named Section 1 Block XV Puniu Survey District and in 1910 was taken under the Public Works Act 1908 for Tokanui Hospital. 179

The block was held in the name of the Crown until 1961; when it was transferred for the purpose of a refonnatory fann. 180 It is still currently being used as such and is now contained in Certificate of Title 56D/758.181

Tokanui C21B 501 acres 3 roods 25 perches

This block was the residue, following acquisition by the Crown, of part of Tokanui C21. The block was vested in Hapeta Inurangi and nine others. 182

171 New Zealand Gazette, 1910, p 3672 [Jl] 172 WaikatoME 35,17 August 1911, f01111 [F7A] 173 Certificate of Title 56D1758 [LIJ 174 Partition Order, 25 March 1904 [D116] 175 Application for Defined Portion, 2 November ]907 [Dll7] 176 Partition Order, 22 April 1908 [D118) 177 Deed of Purchase, 21 April 1908, No 3836 [M3] 178 Otorohanga ME 49,22 April 1908, fo1114 [D119] 179 New Zealand Gazette, 1910, p 3672 [Jl) 180 New Zealand Gazette, 1961, Penal Institutions Notice 1961, p 714 [Jl] 181 Certificate of Title 56D/758 [Ll] 182 Partition Order, 22 April 1908 [D120]

22 In 1910, however, the Crown took the block under the Public Works Act 1908 for Waikeria Reformatory Fann. IS3 Compensation, amounting to £1003 16s Od was assessed in proportion to the owners shareholding. 1s4

The block is still being used for Waikeria and is now contained in Certificate of Title 56D1758.

At the sitting of the Court held on3 February 1904 to detennine the partitions for Tokanui C block, evidence was also given regarding the presence of a number of urupa (burial sites) on the block. During the course of the hearing, therefore, the Court set aside three burial reserves.

Hokokura (Burial Reserve) 1 acre 0 roods 00 perches

Set aside as a bLlrial reserve, Hokokura was described as 'one acre near village of that name' .185 The block was vested in Ngawai Te Rangianini and Manawa Hinewai as trustees. 186

The block was surveyed and although not in use as an urupa, is still Maori freehold land.

Tutuhinau (Burial Reserve) o acres 1 rood 00 perches

This block was also set aside as a burial reserve and the only reference to its location was that it was contained somewhere in Tokanui C9 block. The reserve was vested in Riwai Manga, however, it was never surveyed and does not appear as a separate title.

Tokanui C9 is still Maori freehold land

Tokanui (Burial Reserve)

At the sitting held on 3 February 1904, the Court set aside a burial reserve from the original Tokanui C block The only description given was' on the summit of the hin of that name' . 187 The block was vested in Ngahuka Riria and Riwai Taraiti equally. 188 The block was nyver surveyed, nor was it formally set aside. Instead, in 1908 a block called Tokanui C8B was created around the reserve. Presumably, because it was not surveyed, no mention was made of the burial reserve. Tokanui C8B was eventually sold and is now general land.

183 New Zealand Gazette, 1910, p 3672 [Jl] 184 WaikatoMB 35,17 August 1911,fo1111 [F7A] 185 Otorohanga MB 42, 3 February 1904, fol36 [D2] 186 Partition Order, 3 February 1904 [D121] 187 Otorohanga MB 42, 3 February 1904, f0136 [D2] 188 Partition Order, 3 February 1904 [D 122]

23 TOKANU11

Location: Block XI Puniu SD

Area: 1366 acres 3 roods 14 perches

Fonner Title: Tokanui

Tokanui 1 block was created on 21 October 1889, immediately following the detennination of title for the original Tokanui block. The block was vested in Repi Te Huia and 94 others 1 and charged with a proportion of the survey cost of the original Tokanui block. This amounted to £21 7 s 2d. 2 Nothing, however, was done initially to recover the cost of this survey.

Instead Tokanui 1 itselfwas surveyed and on 10 March 1905 a further Survey Charging Order Was made for £42 lOs Od. 3 The Crown paid this lien4 and on 27 August 1906 made application to the Court for land in lieu of this survey. 5

Tokanui IE 76 acres 1 rood 00 perches

This block was awarded to the Crown on 12 December 1906,6 in satisfaction of the survey lien against Tokanui 1. The award was made up as follows;

Area Price

Survey Lien 76 acres 1 rood 00 perches £57 6s 10d7

In 1910, the block was amalgamated with a number of others, renamed Section 1 Block XV Puniu Survey District and taken under the Public Works Act 1908 for Tokanui Mental Hospital.8 However, the block was not required for Tokanui and in 1961 was transferred to the Waikeria Refonnatory Fann.9

The block is now part ofWaikeria prison and is held under Certificate of Title 56D/758 IO

Tokanui ID 1290 acres 2 roods 26 perches

This block was the residue to the owners, following the acquisition of a part of Tokanui 1 by the Crown. The block was vested in Ani Rori Keeti and 117 others. 11 At the time the block was created, the Crown had purchased the shares of a number of the owners. 12

I Partition Order, 21 October 1889 [El] 2 Survey Schedule, 25 April 1895 [AJ] 3 Survey Charging Order, 10 March 1905 [E2] 4 Release of Survey Lien, 30 August 1906 [E3] 5 Application for Defined Portion, 27 August 1906 [E4] 6 Partition Order, 12 December 1906 [E5] 7 Waikato-Maniapoto Maori Land Court, MLIO Report, 1994 8 New Zealand Gazette 1910, p 3719 [J6] 9 New Zealand Gazette, 1961, p 714, Penal Institutions Notice [Jl6] 10 Certificate of Title 56D1758, 14 June 1995 [Ll] II Partition Order, 12 December 1906 [£6] 12 List of Sellers, undated [£7]

24 On 2 November 1907 the Surveyor General made application to the Court for land in lieu of the survey of the original Tokanui block. 13

Tokanui IDI 227 acres 1 rood 14 perches

This block was awarded to the Crown on 22 April 1908,14 in satisfaction of the purchase of shares in Tokanui ID and the survey lien for the original Tokanui block. The award was made up as follows;

Area Price Crown Purchase 220 acres 3 roods 21 perches £1269 04s 07d15 Survey Lien 18 acres 2 roods 33 perches £ 21 07s 02d 16 TOTAL 239 acres 2 roods 14 perches £1290 lIs 09d Less allowance for total 12 acres 1 rood 00 perches survey 227 acres 1 rood 14 perches17

The block was vested in Her Majesty and in 1909, declared Crown land. 18

In 1910 the block was amalgamated with a number of others, renamed Section 1 Block XV Puniu Survey District and taken tmder the Public Works Act 1908 for Tokanui Mental Hospital. 19 However, the block was not required for Tokanui and in 1961 was transferred to the Waikeria Reformatory Farm. 20

The block is now part ofWaikeria Prison and is held under Certificate of Title 56D175821

Tokanui 1D2 1063 acres 1 rood 00 perches

This block was the residue to the owners, following the acquisition of a part of Tokanui ID by the Crown. The block was vested in Hepi Te Huia and 92 others.22

In 1910, part of the block, amounting to 783 acres 2 roods 00 perches, was taken tmder the Public Works Act 1908 for Tokanui Mental Hospita1.23 Compensation, totalling £1665 Os Od, 24 was assessed in proportion to the owners shareholding.

13 Application for Defined Portion, 2 November 1907 [E8] 14 Partition Order, 22 April 1908 [E9] 15 Deed of Purchase, 21 April 1908, No 3824 [M4] 16 Otorohanga MB 49, 22 April 1908, fol111 [EIO] 17 Otorohanga MB 49, 22 April 1908, fol 117 [E 11] 18 New Zealand Gazette, 1909, p 2067 [J2] 19 New Zealand Gazette, 1910, p 3719 [J6] 20 New Zealand Gazette 1961, No. 714, Penal Institutions Notice [Jl6J 21 Certificate of Title 56D1758, 14 June 1995 [Ll] 22 Partition Order, 22 April 1908 [E12] 23 New Zealand Gazette, 1910, p 3719 [J6] 24 Compensation Order, 17 August 1911 [E13]

25 This part of the block, however, was not required for Tokanui and in 1961 was transferred to the Waikeria Refonnatory Farm. 25 However, only approximately 100 acres was utilised for Waikeria and is now part of Certificate of Title 56D/758. 26

The balance area of 630 acres was sub-divided into 15 lots and sold. All this area is now generalland.27

Tokanui ID2A 141 acres 0 roods 00 perches

This block was the residue to the owners, following acquisition by the Crown of part of Tokanui ID2. Rather than vest the entire block in the owners, it was decided to partition the residue into twO?8 At a sitting of the Native Land Court held on 30 April 1912, a proposal to this effect was put to the Court. Tokanui 1D2A was vested in Hepi Te Huia and 39 others.29 This block would eventually be further partitioned.

Tokanui ID2Al 81 acres 0 roods 00 perches

On 30 September 1920 Waiuku Whakataute brought an application to the Court to partition Tokanui ID2A. 30 By arrangement Tokanui ID2Al was vested in Waiuku Whakataute and 75 others. 31

The block would eventually be further partitioned.

Tokanui ID2AIA o acres 1 rood 08 perches

Wishing to set aside a house site for herself, Pareiriwhata Muraahi, one of the owners of Tokanui ID2Al, brought an application to the Court to give effect to this arrangement.32 The Court, on 10 September 1950 made the orders sought, vesting a 'l4 acre section in Pareiriwhata, solely. 33

Title was transferred several times and in 1970 the block became general land under Certificate of Title 12A1181. 34

Tokanui ID2AIB 80 acres 3 roods 32 perches

This block was the residue, following a partition of Tokanui ID2Al. The block was vested in Te Akamapuhia Waho and 49 others. 35 There

25 New Zealand Gazette, 1961, Penal Institutions Notice 1961, p 714 [HI] 26 Certificate of Title 56D/758, 14 June 1995 [Ll] 27 Certificate of Title Schedule [K 1] 28 Otorohanga MB 54, 30 April 1912, fo1s 329-330 [E14J 29 Partition Order, 30 April 1912 [E15] 30 Otorohanga MB 62, 30 September 1920, fols 207-208, 220 [E16] 31 Partition Order, 30 September 1920 [E17] 32 Mercer MB 38, 10 September 1959, fols 275-276 [E18] 33 Partition Order, 10 September 1959 [E19] 34 Certificate of Title 12A1181, 27 July 1970, [E20] 35 Partition Order, 10 September 1959 [E21J

26 were a number of leases taken out over the block, with one in particular to a Mr J Goodrick. The block would eventually be further partitioned.

Tokanui ID2AIBl 12 acres 0 roods 36 perches

In 1971, the lessee of Tokanui ID2AIB Mr J Goodrick purchased a considerable number of shares from the owners36 and on 19 December 1974 brought an application to the Court to confirm the sale of the block to him. A number of the owners objected to the sale, however, and after a lengthy hearing the Court decided to create two blocks. 37 Those owners who did not wish to sell were allocated shares in Tokanui 1D2A1Bl. The block was vested in Te Akanui Muraahi and 16 others.38

The block is still Maori Freehold land, currently vested in an Ahu Whenua Tmst pursuant to section 239 of Te Ture Whenua Maori Act 1993.

Tokanui ID2AIB2 68 acres 1 rood 36 perches

This block was created on 2 April 1975 as the result of Mr J Goodrick's purchase of shares in Tokanui ID2A1B. An area equivalent to the shares of the sellers was set aside and vested in Alec Harwood and 57 others39

The sale was completed and the title forwarded to the District Land Registrar in 197~.40

The block is currently general land, held under Certificate of Title 19C/1077.4!

Tokanui 1D2A2 60 acres 0 roods 00 perches

As the result of an application by Waiuku Whakataute to partition Tokanui ID2A, Tokanui ID2A2 was vested in Raureti Te Huia and 17 others, at a Court sitting held on 30 September 193042

The block would eventually be further partitioned.

Tokanui 1D2A2A 16 acres 2 roods 1.6 perches

36 Purchase Schedule, 1971 [E22] 37 Waikato MB 53, 19 December 1974, fols 19-22, 139-140, 144-147,296 [E23] 38 Partition Order, 2 April 1975 [E24J 39 Partition Order, 2 April 1975 [E25 40 Tokanui ID2AIB2, Memorial Schedule [E26] 41 Certificate of Title Schedule [KIJ 42 Partition Order, 30 September 1920 [E27

27 Tokanui 1D2A2A was created as the result of an application under section 12 of the Native Land Act 1930 to authorise the Native Tmstee to alienate Tokanui 1D2A2. The block had been inspected by a Department of Agriculture inspector and was overmn with noxious weeds.

At a sitting of the Court held on 14 October 1931 evidence was presented by the owners as to the efforts they had been making to free the land from noxious weeds. The Court decided to create two blocks, one for the purposes of alienation under section 12 and this block, in recognition of the owner's efforts to tidy up the land. 43

The block was vested in Ngahieke Whakataute and three others.44

The block remains Maori Freehold land and is currently vested in trustees under section 438 of the Maori Affairs Act 1953.

Tokanui 1D2A2B (Now Tokanui AI) 43 acres 1 rood 38.4 perches

This block was created as the result of an application to alienate Tokanui ID2A2, because ofthe noxious weed problem. At a sitting ofthe Court held on 14 October ]931, Tokanui ID2A2B was vested in Te Anu Plmaruku and 33 others. 45

However, on the recommendation of the Consolidation Officer, a Consolidation Order was made in favour of Wiripine Te Huia, one of the owners. Utilising monies held for her by the Native Tmstee, the block was surveyed and vested in her solely. Under that consolidation Order the name of the block was changed to Tokanui A1. 46

The provisions of Part XXIV of the Maori Affairs Act 1953 were applied and the block leased to a Mr J. Onion.47 In 1956 the block was released from these provisions and in 1968 a Status Declaration issued declaring the block to be general land. 48

The block is now general land, held under Certificate of Title 9C/1350. 49

Tokanui 1D2B 147 acres 0 roods 00 perches

Being part of the residue following the taking of part of Tokanui 1D2 by the Crown, Tokanui ID2B was vested in Hone Keeti and 57 others at a sitting of the Native Land Court held on 30 April 1912. 50

43 Mercer ME 25, 14 October 1931, fO[5 245-247 [E28] 44 Partition Order, 14 October 1931 [E29] 45 Partition Order, 14 October 1931 [E30] 46 Consolidation Order, 21 May 1937 [E31] 47 Alienation Notice, 20 March 1957 [E32] 48 Status Declaration, 8 August 1968 [E33] 49 Certificate of Title Schedule [K1] 50 Partition Order, 30 April 1912 [E34]

28 The block would eventually be further partitioned.

Tokanui ID2Bl 36 acres 3 roods 27 perches

In 1935 a meeting of owners was held to consider the sale of Tokanui ID2B to a Mr J Onion. A number of the owners objected to the sale and at a sitting of the Native Land Court held on 24 October 1935, the shares of the seners were 51 partitioned OUt. This block was called Tokanui ID2Bl and was vested in Kiwa Te Muraahi and 14 others. 52 53 The block was sold to Mr Onion for £1555 Os Od and the title referred to the 54 District Land Registrar on 9 November 1936

The block is now general land, held under Certificate of Title 1211117955

Tokanui 1D2B2 110 acres 0 roods 13 perches

This block was the residue of Tokanui ID2B following purchase of part of that block by Mr J Onion. At the sitting held on 24 October 1935 Tokanui ID2B1 56 was vested in Ani Hori Keeti and 106 others.

The block, however, was subject to a lease to Mr 1. Onion and he continued to seek the freehold of this block. In June 1936 a transfer was completed and the block sold to Mr Onion. 57

The block is currently general land, held under Certificate of Title 683/22.58

51 Otorohanga MB 70,24 October 1935, f01s 233-234 [E35] 52 Partition Order, 24 October 1935 [E36] 53 Alienation Notice, 11 January 1954 [E37] 54 Transmission to District Land Registrar, 9 November 1936 [E38] 55 Certificate of Title Schedule [K1] 56 Partition Order, 24 October 1935 [E39] 57 Alienation Notice, 16 June 1936 [E40] 58 Certificate of Title Schedule [Kl]

29 TOKANUIIA

Location: Block XI PUlliu SD

Area: 290 acres 0 roods 00 perches

Fonner Title: Tokanui

Named Te Waiaruhe Block, Tokanui lA was created on 21 October 1889, as the result ofa Native Land Court sitting to investigate the title for the original Tokanui block. The block was vested in Ani Te Amohanga and 31 others, 1and charged with a proportion of the survey cost of the original Tokanui block. This amounted to £14 2s Id?

An order declaring the relative shares and interests of the owners was made at a sitting of the Native Land Court held at Otorohanga on 18 January 1894. 3

On 2 November 1907, the Surveyor General, made application to the Court for land in lieu of the survey.4

Tokanui lAI - 66 acres 3 roods 07 perches

This block was awarded to the Crown as a result ofthe survey lien and Crown purchase of shares in Tokanui lAS The award was made up as follows;

Area Price

Crown Purchase 64 acres 1 rood 31 perches £94 07s lId Survey Lien 2 acres 1 rood 16 perches £ 410s 07d

TOTAL 66 acres 3 roods 07 perches £99 07s 06d6

The block was vested in Her Majesty7 and in 1909, was declared Crown land. 8

The block was subsequently renamed Section 1 Block XI PUlliu SD and taken under the Public Works Act 1908 for Tokanui Mental Hospital. 9

Tokanui lA2 - 220 acres 1 rood 00 perches

1 Partition Order, 21 October 1889 [Fl] 2 Survey Schedule, 25 April 1895 [A3] 3 Order Declaring Relative Interest, 18 January 1894 [F2] 4 Application for Defined Portion, 2 November 1907 [F3] 5 Schedule of Sellers, undated [F4] 6 Otorohanga MB 49, 15 April 1908, fo1. 106 [F5] 7 Partition Order, 15 April 1908 [F6] 8 New Zealand Gazette, 1909, p 2067 [12] 9 New Zealand Gazette, 1910, p 3719 (I6J

30 This block was the residue, to the owners, following the acquisition of a part of Tokanui 1A1 by the Crown. The block was vested in Te Au Kingi and 26 others. 10

Part of the block, amounting to 52 acres 0 roods 00 perches, was taken under the Public Works Act 1908 for Tokanui Hospitalll and compensation of £156 Os Od was assessed in favour of the owners. 12 However, in 1936, this area was returned to Maori ownership in exchange for more land taken for Tokanui Hospital.

Tokanui lA2A - 72 acres 0 roods 00 perches

At a sitting of the Native Land Court held on 7 November 1914, evidence was given that the owners had sold the balance of Tokanui lA2 and sought to partition the land to enable the sale to be completed. 13 The Court made the orders sought and vested Tokanui IA2A in Hem Purangi and seven others. 14

The block was eventually sold to a Mr M. Taylor and the title referred to the District Land Registrar on 24 September 1929.15

The block is now general land, held under Certificate of Title 602/32. 16

Tokanui lA2B - 96 acres I rood 00 perches

Also created on 7 November 1911 for the purpose of completintf a sale of the block, Tokanui 1A2B was vested in Te Au Kingi and 19 others. 7

The sale was subsequently completed and the title referred to the District Land Registrar on 17 December 1917. 18

The block is now general land, held under Certificate of Title 277/3 19

Balance Area 52 acres 0 roods 00 perches

Following the partition of the above two blocks in 1911, the Crown retained ownership of the balance area. However, in 1936, the Crown acquired Tokanui 1B2B3B in order to establish a housing settlement for Tokanui Hospital. In compensation for this taking, the Crown awarded the owners this area.

It would not be until 1970, however, that the title would be formally vested in the owners.

10 Partition Order, 15 April 1908 [F7] 11 New Zealand Gazette, 1910, p 3719 [J6] 12 Waikato ME 35, 17 August 1911, fols 108-111 [F7 A] 13 OtorohangaME 57, 7 November 1914, fols 10-11 [F8] 14 Partition Order, 15 April 1908 (F9] 15 Transmission to District Land Registrar, 24 September 1909 [FlO] 16 Certificate of Title Schedule [Kl] 17 Partition Order, 15 April 1908 [FI1] 18 Transmission to District Land Registrar, 17 December 1917 [FI2] 19 Certificate of Title Schedule [KI]

31 Section 28 Block XI Puniu Survey District 2 acres °roods 1 perch

In 1970, one of the owners, Thomas Maniapoto sought to partition out some of his shares in this block. At a sitting of the Court held on 23 June 1970, the Court made the order and vested the block in Thomas Peehi Maniapoto.20

The title was subsequently referred to the District Land Registrar and is now general land.

Section 29 Block XI Puniu Survey District 51 acres 3 roods 39 perches

This was the residue awarded to the owners following partition. The block was vested in Thomas Maniapoto and 38 others.21

The block is still Maori freehold land and is currently vested in an ahu whenua trust pursuant to the Ture Whenua Maori Act 1993.

20 Otorohanga ME 90, 23 June 1970, fols 191-192 21 Partition Order, 23 June 1970 [F13]

32 TOKANUIIB

Location: Blocks X & XI Puniu SD

Area: 539 acres 2 roods 11 perches

Fonner Title: Tokanui

Referred to as the Pukekawakawa block, Tokanui IB was created on 1 November 1889, ilmnediately following the determination of title for the original Tokanui block. During the lengthy sitting numerous claims were made to this particular block. Being one of the more significant areas, the block was vested in all the leading chiefs of that era. These included Hapimana Mokau, Hone Warena, Rewi Manga Maniapoto, Te Whakataute Raureti Tupotahi Tukorehu and 36 others. l

As with the other blocks, Tokanui IB was charged with a proportion of the survey cost ofthe original Tokanui block, amounting to £6 18s 3d.2 However, nothing was done immediately to recover this cost. Instead, Tokanui IB itselfwas surveyed and a charging order, amounting to £15 8s 8d, was charged against the block.}

On 29 August 1906 the Surveyor General made application to the Court for land in lieu of tIus survey. 4

Tokanui IBI 21 acres 2 roods 0 perches

This block was awarded to the Crown on 12 December 1906, in satisfaction of the survey lien against Tokanui IB. 5 The award was made up as follows;

Survey Lien 21 acres 2 roods 0 perches £21 lIs 2d6

The block was subsequently amalgamated with Tokanui CIA and others, renamed Section 3 Block X Puniu Survey District, and taken for Tokanui Mental Hospital in 1910.7

In 1970, part of the block was transferred to the Ministry of Agriculture and Fisheries for agricultural research purposes. This particular portion is still held by the Ministry. 8

The balance area was eventually amalgamated with all the Tokanui Hospital lands and is now held under Certificate of Title 56A1886. 9

1 Partition Order, 1 November 1889 [Gl] 2 Survey Schedule, 25 April 1895 [A3} 3 Application for Defined Portion, 29 August 1906 [G2] 4 ibid [G2] 5 Partition Order 12 December 1906 [G3] 6 Otorohanga ME 46, 12 December 1906, fols 214-215 [G4] 7 New Zealand Gazette, 1910, p 3719 [J6] 8 New Zealand Gazette, 1970, p 2473 [JI8] 9 Certificate of Title 56A1886, 26 January 1995 (L2]

33 Tokanui IB2 518 acres 0 roods 11 perches

This block was the residue following acquisition by the Crown, of part of Tokanui IB. The block was vested in Ani Hori Keeti and 49 others. lO

On 2 November 1907 the Surveyor General made application to the Court for land in lieu of l the survey for the original Tokanui block. !

Tokanui IB2A 8 acres 1 rood 22 perches

This block was awarded to the Crown on 15 April 1908, 12 in satisfaction of the survey lien against the original Tokanui block. The award was made up as follows;

Survey Lien 8 acres 1 rood 22 perches £87s 10d13

The block was subsequently amalgamated with Tokanui CIA and others, renamed Section 3 Block X Puniu Survey District, and taken for Tokanui Mental Hospital in 1910. 14

In 1970, part of the block was transferred to the Ministry of Agriculture and Fisheries for agricultural research purposes. This particular portion is still held by the M mistry.·· 15

The balance area was eventually amalgamated with all the Tokanui Hospital lands and is now held by the hospital under Certificate of Title 56AJ886. 16

Tokanui IB2B 509 acres 2 roods 18 perches

This block was the residue, following acquisition by the Crown, of part of Tokanui IB2. The block was created on 15 April 1908 and vested in Ani Hori Keeti and 50 others. 17

In 1910, the Crown took 340 acres ofthe block under the Public Works Act 1908 for Tokanui Hospital. 18 Compensation, amounting to £ 1020 Os Od was awarded to the owners in proportion to their shareholding. 19

In 1970, the majority of this portion was transferred to the Ministry of Agriculture and Fisheries for agricultural research purposes.20 The balance was retained by the hospital and is currently held under Certificate of Title 56AJ886. 21

10 Partition Order, 12 December 1906 [G5] 11 Application for Defined Portion, 2 November 1907 [G6] 12 Partition Order, 15 April 1908 (G7] 13 Otorohanga MB 49, 15 April 1908, foll02 [G8] 14 New Zealand Gazette 1910, p 3719 [J6] 15 New Zealand Gazette 1970, p 2473 [JI8] 16 Certificate of Title 56A/886, 26 January 1995 [L2] 17 Partition Order, 15 April 1908 [G9] 18 New Zealand Gazette, 1910, p 3719 [J6] 19 Compensation Order, 17 August 1911 [GI0] 20 New Zealand Gazette 1970, p 2473 [JI8] 21 Certificate of Title, 56A/886, 26 January 1995 [Jlg]

34 The residue area of approximately 148 acres 2 roods 18 perches was retained by the owners and would eventually be further subdivided.

Tokanui 1B2B1 27 acres 0 roods 39

At a sitting of the Court held on 12 February 1913, application was made to partition the residue ofTokanui 1B2B. The Court made three orders, Tokanui IB2Bl bein~ one ofthem.22 This block was vested in Hori Te Korangi and three others. 3 The block would eventually be further partitioned.

Tokanui 1B2BIA 12 acres 0 roods 30 perches

At a sitting of the Court held on 26 July 1918, Hori Te Ihorangi made application to partition certain portions of Tokanui IB2Bl. The partition was to facilitate a sale of the block to W.J. Broadfoot. The Court heard evidence of an arrangement that had been made between the parties and made the orders sought. Tokanui 1B2BlA was vested in Hori Te lllorangi solely. 24

In 1922 the block was sold to W.J. Broadfoot and the title referred to the District Land Registrar. 25 The block is now general land, held under Certificate of Title 3631212.26

Tokanui IB2BlB 12 acres 0 roods 30 perches

This block was created as the result of the partition of Tokanui IB2Bl and was vested in Ngamotu Pateriki and Te Ra Te Roore. 27

The block was eventually sold to I.e. Herlihy and is now general land, held under Certificate of Title 889/8128

Tokanui IB2B1C 3 acres 3 roods 19 perches

This block was created as the result of the partition of Tokanui lB2Bl and was vested in Hone Warena, solely. 29

The block was eventually sold to J.C. Herlihy and one other and is now general land held tmder Certificate of Title 1202/203 and 1202/205. 30

22 Otorohanga MB -' 12 February 1913, fo1_ [GIl] 23 Partition Order, 12 February 1913 [G12] 24 Otorohanga MB 60, 26 July 1918, fols 214-215 [G13) 25 Transmission to District Land Registrar, 28 October 1922 [G14] 26 Certificate of Title Schedule [Kl] 27 Partition Order, 26 July 1918 [GIS] 28 Certificate of Title Schedule [Kl] 29 Partition Order, 26 July 1918 [G16] 30 Certificate of Title Schedule [Kl]

35 Tokanui 1B2B2

At a sitting of the Court held on 12 February 1913, application was made to partition the residue of Tokanui 1B2B. The Court made three orders, Tokanui 1B2B2 being one of them. The block was vested in Hitiri Paerata and 14 31 others. The block would eventually be further partitioned.

Tokanui 1B2B2A 1 acre 0 roods 0 perches

At a sitting of the Court held on 25 March 1918, application was made to partition Tokanui IB2B2. The intention was to set aside a burial reserve for the descendants of the owners.32 The Court made the order sought and vested Tokanui 1B2B2A in Hitiri Paerata and 31 others. 33

The block was called Te Rewatu and is currently vested in the Mangatoatoa Marae trustees (the block immediately adjacent) pursuant to section 439 of the Maori Affairs Act 1953.

Tokanui IB2B2B 6 acres 0 roods 0 perches

This block was created with the intention of establishing a Papakainga for the people of the area. The Court made the orders sought and vested the block in Hitiri Paerata and 31 others.34

The block was established as a Marae and named Mangatoatoa. The block is still being used as such and is currently vested in trustees pursuant to section 439 of the Maori Affairs Act 1953. 35

Tokanui 1B2B2C 47 acres 2 roods 08 perches

This block was the residue, following the establishment of Te Rewatu urupa and Mangatoatoa Marae. This portion was amalgamated with Tokanui IB2B3B and would eventually be partitioned further. 36

Tokanui IB2B2Cl 3 acres 2 roods 6 perches

This block was created on 16 November 1931 with the intention of extending Mangatoatoa Marae. Situated immediately adjacent to the Marae, Tokanui 1B2B2C1 was vested in Te Whakataute Raureti Te Huia solely. 37

31 Partition Order, 12 February 1913 [Gl7] 32 OtorohangaMB 60, 25 March 1918, fols 134-135 [Gl8] 33 Partition Order, 26 March 1918 [Gl9] 34 Otorohanga MB 60, 25 March 1918,£01s 134-135 [GI8] 3S Partition Order, 25 March 1918 [G20] 36 Partition Order, 25 March 1918 [G2I] 37 Partition Order, 16 November 1931 [G2IA]

36 The block was utilised as part of the Marae and is currently vested in the Marae trustees pursuant to section 439 of the Maori Affairs Act 1953. 38

Tokanui IB2B2C2

This block was part ofthe residue from the amalgamation of Tokanui IB2B3B and Tokanui IB2B2C and was vested in Mate Huirua and eight others.

The block is still currently Maori freehold land. 39

Tokanui IB2B2C3

This block was part of the residue from the amalgamation of Tokanui IB2B3B and Tokanui IB2B2C and was vested in Hapimana Mokau and five others. 40

The block would eventually be further partitioned

Tokanui IB2B2C3A

At a sitting of the Court held on 28 June 1949, application was made by Wiripine Te Huia to partition out a V4 acre section from Tokanui IB2B2C3. The reason given was to vest the land in the Bishop of the Roman Catholic for the purpose of establishing a church on the site.41

The Court made the orders sought and vested the block in Wiripine Te Huia solely. 42

The block, however, was never used for the purpose intended. The block is now general land, held under Certificate of Title 11 C/248. 43

Tokanui IB2B2C3B

This block was the residue. following partition of Tokanui IB2B2C3 by Wiripine Te HUla. The block was vested in Hepi Whakataute and nine others.

38 List of Owners, 16 November 1931 [G22] 39 Partition Order, 16 November 1931 [G23] 40 Partition Order, 16 November 1931 [G24] 41 OtorohangaMB 76,26 June 1949, fo134 [G25] 42 Partition Order, 26 June 1949 [G26] 43 Certificate of Title Schedule [K1 J

37 The block is still Maori freehold land and is currently vested in trustees Eursuant to section 438 of the Maori Affairs Act 1953. 4

Tokanui IB2B3 85 acres 1 rood 16 perches

At a sitting of the Court held on 12 February 1913, application was made to partition the residue of Tokanui IB2B. The Court made three orders, Tokanui IB2B3 being one of them. The block was vested in Ani Hori Keeti and 27 45 others and would eventually be further partitioned.

Tokanui IB2B3A 8 acres 0 roods 20 perches

At a sitting of the Court held on 5 November 1914, application was made to partition Tokanui IB2B3.46

The Court made the orders sought and vested Tokanui IB2B3A in Ani Hori Keeti and 11 others.47

The block remained in the hands of the owners for 34 years, however, in 1948 it was sold to Ie. Herlihy. The block is now general land, held under Certificate of Title 905/7348

Tokanui IB2B3B 77 acres 0 roods 36 perches

This block was the residue following partition of Tokanui IB2B3 and 49 was vested in Hum Ripine and 15 others.

In 1932 part of the block, containing 16 acres 0 roods 07 perches was sold to D. Herlihy and is now general land, held under Certificate of Title 634/110. 50

In 1936, Tokanui Hospital sought to extend its staff housing settlement. Under the Public Works Act 1928 the balance ofthis block, amounting 51 to 53 acres 1 rood 30 perches was taken for this purpose. At a sitting of the Court held on 27 April 1937, the Court detennined that no monetary compensation would be paid to the owners. Instead the Court ordered that three areas of land, already held by the Crown, should be exchanged for the land taken. These areas were contained in the blocks Tokanui lA2A and Tokanui IB2B.52

44 Partition Order 28 June 1949 [G27] 45 Partition Order, 12 February 1913 [G28] 46 Otorohanga ME 56, 5 November 1914, fols 375·376 [G29] 47 Partition Order,S November 1914 [G30] 48 Certificate of Title Schedule [K1] 49 Partition Order, 25 March 1918 [G31] 50 Certificate of Title Schedule [Kl] 51 New Zealand Gazette 1936, p 2251 [Jl3] 52 Otorohanga ME 71, 21 April 1937, f01 10 [G32]

38 Only 19 acres 3 roods 33 perches was used for housing and in 1970,33 acres 2 roods 17 perches of this portion was transferred to the Ministry of Agriculture and Fisheries for agricultural research purposes. It is still being used as such. 53

53 Nelfl Zealand Gazette 1970, p 2473 [JI8)

39 TOKANUIIC

Location: Block XI Puniu Survey District

Area: 1 acre 0 roods 0 perches

Former Title: Tokanui

During the course ofthe Native Land Court sitting to investigate title to Tokanui block, evidence was given concerning a place called Te Pukahu. Situated alongside the Puniu River, the area was a former Pa site and burial place.

The Court subsequently set aside one acre for the purpose of a burial reserve. The block was called Tokanui IC and was created at the original sitting held on 21 October 1889. The description given for the block was 'one acre at the place where the people are buried at Te Pukahu, alongside the Puniu Stream'.

The existence of the burial reserve was also confirmed when the Court created Tokanui 1 block, the area surrounding Tokanui IC. The notation in the Court minutes stated 'Tokanui 1C containing one acre is within these boundaries, alongside the PUIDU Stream. It was called Te Pukahu and is known as a burial place']

Therefore, as at 1889, the wishes of the owners and the intention ofthe Court was quite clear, to set aside a one acre burial reserve for the owners.

The block was vested in Manga Maniapoto, Te Huia Raureti, Te Rangituatea and Hapimana Mokau. The Court, in making the order, also declared the block to be absolutely inalienable? Although charged with a proportion of the survey cost of the original Tokanui block, this was dismissed because of the status of the land. 3

There is no evidence to show that the block was ever surveyed, however, for the next 17 years the block remained a burial reserve. It was in 1906 that a partition of Tokanui 1 block occurred. No specific mention was made ofTokanui lC when Tokanui ID was created and this block subsumed the burial reserve.

Tokanui ID was partitioned several times and eventually, in 1975, a block called Tokanui ID2AIB2 was created. Containing an area of 68 acres 1 rood 36 perches, this block absorbed Tokanui IC. Again no mention was made of the burial reserve, nor was it set apart from Tokanui ID2AIB2. In 1975 this block was sold to a 1'v1r J. Goodrick.

Tokanui ID2AIB2 therefore subsumed Tokanui IC, which is now general land, under Certificate of Title 19C/ 1077.

1 OtorohangaMB 8, 21 October 1889, fols 132-233 [ ] 2 Partition Order, 21 October 1889 [Hl] :> Application for Defined Portion, 2 November 1907 [H2]

40 POKURUIB

Location: Block XI Puniu Survey District

Area: 214 acres 2 roods 36 perches

Fonner Title: Pokuru 1

Pokuru 1B was created from the partition of Pokuru 1 and was vested in Matengaro Te Haate and 21 others at a sitting of the Court held on 16 August 1911.1

The Crown had previously identified the block as the sight for a mental hospital and by proclamation dated 12 October 1910 it was taken under the Public Works Act 1908 for Tokanui.2

The Native Land Court made a compensation order, amounting to £430 Os Od in favour ofthe owners. 3

All of the block, apart from areas taken for roadways was used as the main campus of Tokanui Hospital until its recent closure. In 1970, however, part ofthe block was transferred to the Ministry of Agriculture and Fisheries for agricultural research purposes. 4

These areas are stiU being used as such.

1 Partition Order, 16 August 1911 [II] 2 Nevjl Zealand Gazette, 1910, p 3719 [16] 3 Compensation Order, 17 August 1911 [12] 4 New Zealand Gazette, 1970, p 2473 [JI8]

41 PART THREE SUMMARY

The terms of reference for this report were to investigate the creation, sub-division and final disposal of the Tokanui block. Particular emphasis was to be placed on the acquisition of land, by the Crown, for public purposes. Specifically, the report would show when and how this occurred, the circumstances under which these takings were achieved and the eventual outcome of this process.

The preceding commentary has therefore revealed that in 1889 the Native Land Court detennined ownership to 10205 acres of land known as the Tokanui block. Over the next 109 years the block was sub-divided, partitioned, parts were sold, parts were taken for public purposes, parts were set aside for roadways and some of it retained by the owners for their use and enjoyment.

As at 1998, therefore, a summary of the disposal of the Tokanui block is as follows;

Crown Land Tokanui Mental Hospital 25 acres] Tokanui blocks ( 25 acres)

Crown Land Waikeria Prison 3202 acres2

General Land Includes; 6562 acres3 General land F ortner Crown land Roadways State highways Closed roads Paper roads Private roads Maori freehold land 415 acres4

TOTAL 10205 acres5

Pokum 1B, a block immediately adjacent to Tokanui was also taken for mental hospital purposes. It contributed 215 acres and fonns the majority of the hospital campus.

I Certificate of Title 56A1886, 26 January 1995 [L2] 2 Certificate of Title 56D1758, 14 June 1995 [L1] 3 This amount comprises the majority of the original block and is an aggregate of those lands which are not Maori land or Crown land 4 Refer Maori freehold land schedule below 5 Partition Order, Tokanui block, 21 October 1889 [AI]

42 Tokanui Hospital

4931 acres was originally taken for mental hospital purposes.6 This amount was made up of land acquired by way of purchase from the owners, land taken in lieu of survey and land compulsorily acquired under the public works act. However, not all of that land was used for 7 Tokanui Mental Hospital. Some of it was transferred to Waikeria prison , some of it was transferred to the Ministry of Agriculture and Fisheries8 and some of it was sold.9

The hospital currently occupies an area of230 acres (91.8707 hectares).l0 The blocks included in this amount are;

Pokum IB 215 acres Part Tokanui 1B } Part Tokanui 1B2B 15 acres Part Tokanui 1B2B3B

This land has been offered back to the descendants of the original owners, pursuant to section 40 of the Public Works Act 1981. As wen as the campus proper, the hospital also contains some 52 residential houses, its own sewerage and water supply system, a cemetery and other ancillary buildings. Ownership is still vested in the Waikato Crown Health Enterprise.

Waikeria Prison

Originally 1351 acres was set aside for refonnatory fann purposes and was acquired by proclamation under the public works act. I I However, as the prison expanded more land was designated for the prison, the bulk of this coming from land not required to establish Tokanui hospitaL Over the years Waikeria prison expanded to the point where at one time it included the prison facility, a housing settlement, dairy and sheep fanns, a sizeable orchard and a piggery.12 The prison currently occupies an area of 3202 acres (1280.5850 hectares) and still functions as such under the auspices of the Department of Corrections. 13 The blocks which make up Waikeria prison are as follows;

Part Tokanui 1D1 Part Tokanui IE Part Tokanui C12A Part Tokanui C12B Part Tokanui C15A Part Tokanui C17B Part Tokanui C 18A Part Tokanui C18B Part Tokanui C19A Part Tokanui C 19B Part Tokanui C20A Part Tokanui C20B Part Tokanui C21A Part Tokanui C21B 14

6 New Zealand Gazette, 1910, pp 3672 and 3719,[J6} New Zealand Gazette, 1961, Penal Institutions Notice 1961, p 714 [Jl6] New Zealand Gazette, 1970, p 2473,[Jl8] 7 New Zealand Gazette, 1961, Penal Institutions Notice 1961, p 714 [JI] 8 New Zealand Gazette, 1970, p 2473 [JI8] 9 For examples, see Tokanui C12B, C14A and Cl5A block history'S 10 Certificate of Title 56A1886, 26 January 1995 [L2] 11 New Zealand Gazette, 1910, p 3672 [II) 12 Land Corporation Ltd, W aikeria Youth Institution, Land Holdings. Undated 13 Certificate of Title 56D1758, 14 June 1995 [Ll] 14 Land Corporation Ltd, Waikeria Youth Institution, Land Holdings. Undated

43 General Land

The above summary clearly shows that the majority ofthe block is now general land. Some of this land was sold willingly by the owners and clear records exist of the transfer of blocks into private ownership. 15. Other blocks were purchased by the Crown and subse~uently sold and still others were taken under the Public Works Act, not used and then sold. I Because this land has been clearly identified as general land and does not fonn any part of the claim, a detailed analysis of ownership has not been undertaken. Included in this amount also is some 60 kilometres of roads.

Maori Freehold Land

Ofthe original 10205 acres, the owners have retained 415 acres 2 roods 13 perches as Maori freehold land. The majority of this land is utilised by, or on behalf of, the owners with a number ofland trusts fonned. Included in this amOlmt are Mangatoatoa marae, Te Rewatu urupa and a number of waahi tapu. The current Maori freehold blocks are as follows;

Tokanui C7A Tokanui C9A Part Tokanui C9B Tokanui C13A Hokokura burial reserve Tokanui 1D2A1B1 Tokanui ID2A2A Tokanui 1B2B2A Tokanui IB2B2B Tokanui IB2B2C1 Tokanui 1B2B2C2 Pukekawakawa burial reserve Section 29 Block XI Puniu Survey District17

15 For examples, see Tokanui A and Tokanui B block history's 16 For examples, see Tokanui C12B, Tokanui C14A, Tokanui C15A block history's 17 See summary below

44 PUBLIC WORKS TAKINGS

A total of 3885 acres 0 roods 23 perches of the Tokanui block was taken by the Crown for public purposes. These takings occurred between 1910 and 1970 and were for Tokanui Mental Hospital, Waikeria Reformatory farm and the Ministry of Agriculture and Fisheries. Compensation for these takings was assessed in favour of the owners which was made up of monetary payments and in one case a land for land exchange.

The breakdown of these amounts is as follows;

BLOCK AREA COMPENSATION

Acres Roods Perches Pounds Shillings Pence Tokanui C2B 88 3 36 155 07 00 ..., Tokanui C12B 186 .J 13 305 05 00 Tokanui C14B 244 2 13 733 15 00 Tokanui C15B 215 0 02 430 00 00 Tokanui C16B 191 1 34 335 00 00 ..., Tokanui C17 B 58 .J 38 71 00 00 Tokanui C18B 531 1 05 929 05 00 Tokanui C19B 44 1 00 77 10 00 Tokanui C20B 39 1 13 90 00 00 Tokanui C21B 501 3 25 1003 16 00 Pt Tokanui ID2 783 2 00 1665 00 00 Tokanui lA2 220 1 00 156 00 00 Tokanui IB2B 509 2 18 1020 00 00 Tokanui IB2B3B 53 1 30 Land Exchange Pokuru IB 215 2 36 430 00 00

TOTAL 3885 0 23

45 CROWN PURCHASES

Crown purchases ofland, amounting to 2904 acres 2 roods 36,5 perches, also occurred. In all these cases the Crown purchased the shares of those owners who indicated a willingness to sell and made application to the Court for an area equivalent to its newly acquired shares. The purchases were completed by way of Deeds of Purchase,

The Crown purchases are summarised as follows;

BLOCK AREA CONSIDERATION Acres R 00d S P.erc hes P oun d s Shill'mgs P ence Tokanui CIA 241 0 22 237 03 01 Tokanui C2A 90 1 19 152 10 15 Tokanui C8A 220 0 00 Tokanui C12A 228 3 31 418 14 06 Tokanui C14A 90 1 19 342 08 06 Tokanui C15A 155 1 29 376 10 00 Tokanui C16A 112 3 34 308 15 07 Tokanui C17A 60 0 39.5 90 07 06 Tokanui Cl8A 47 2 31 587 08 06 Tokanui C19A 135 2 09 180 14 10 Tokanui C20A 461 3 25 376 11 00 Tokanui C21A 774 3 02 963 12 06 Tokanui IDI 220 3 21 Tokanui lAl 64 1 31 94 07 11

TOTAL 2904 2 36.5

46 SURVEY LIENS

The Crown took a total of 172 acres 1 rood 22 perches of the Tokanui block in lieu of survey. The Crown paid £190 16s 5d for this land. These surveys applied to both the original Tokanui block and its various sub-divisions. The summary of these takings is as follows;

BLOCK VALUE

A cres R 00 ds P ere hes P oun ds Shill'mgs p.ence Tokanui CIA 2 3 12 6 11 11 Tokanui C2A 1 1 24 2 16 05 Tokanui C8A 10 0 06 6 05 03 Tokanui C12A 1 1 24 6 11 00 Tokanui C14A 4 0 00 5 08 03 Tokanui C15A 3 1 32 5 08 03 Tokanui C16A 2 2 32 2 14 10 Tokanui C17A 1 1 02 1 17 09 Tokanui C18A 8 1 32 9 04 02 Tokanui C19A 0 3 30 2 16 07 Tokanui C20A 0 3 13 7 16 11 Tokanui C21A 7 3 33 20 01 06 Tokanui IE 76 1 00 57 06 10 Tokanui ID1 18 2 33 21 07 02 Tokanui lA1 - 2 1 16 4 10 07 Tokanui IBI 21 2 00 21 11 02 Tokanui IB2A 8 1 22 8 07 10

TOTAL 172 1 22 £ 190 16 5

47 PART FOUR

DISCUSSION OF ISSUES

Introduction

The purpose of this report was to provide a history of the Tokanui block, from its inception to the present day. Based on the analysis of the information collected, a number of issues have emerged, which are worthy of discussion.

The history of the Tokanui block can be viewed in a number of ways. Because much of the land was taken for public purposes it could be argued that these were necessary for the greater public good. The fact that the region and indeed the country needed a mental hospital and a prison must have been a critical motivating force for the taking of the Tokanui lands. It is interesting to note, however, that some 47 years previous the Crown had acquired over 1.2 million acres only 20 metres north of this block as a consequence of the wars in the Waikato. Many ofthe owners in the Tokanui block were affected by the Waikato confiscation.

Therefore the benefits to the country must be balanced against the negative impact this double loss ofland had on the original owners of Tokanui and the crippling effect it continues to have on their descendants. Furthermore, the process by which this deprivation occurred also draws attention to the plight ofthe claimants. The imposition of the Native Land Court, the Native Land Act and its amendments, the Public Works Act and its amendments, the Land Act and its amendments and successive and deliberate govermnent policies all conspired to dispossess the owners of their land.

As previously stated, the claimants have alleged a number of breaches of the Treaty and cite the various acts, errors and omissions by the Crown as the source of these breaches. In order to detennine the nature and extent of the breach, however, a further examination of the history of the Tokanui blocks must be undertaken.

PUBLIC WORKS TAKINGS

In total, the Crown acquired 3885 acres ofland by compulsory acquisition under the Public Works Act. The Crown made compensation orders for these takings in the form of money and land for land exchanges. However, the claimants have highlighted these takings as one of the major elements of their claim. Specifically the claimants contend that the taking of land under the Public Works Act had a detrimental effect on their ownership, retention and utilisation of that land. In this respect the report highlights the following issues which have a relevance to the claimants allegations.

Excessive Land Taking

Tokanui Hospital

Whether or not the amomll: taken was commensurate with the purpose for which it was taken can be clearly seen from an analysis of its final use. In total, 4931 acres of the original 10205 acres of the Tokanui block was set aside for Tokanui Mental Hospital. Approximately 784 acres of that land was used by the hospital to establish a fann and market garden to support the hospital. However, this was transferred to the Ministry of Agriculture and Fisheries in

48 1970. The hospital campus itself, however, was established on the Pokuru IB block Comprising some 215 acres, it was also taken under the Public Works Act.

Therefore, of the total amount taken for hospital purposes from the Tokanui block, only approximately 15 acres is currently set aside as such, with only 799 of the original 4931 acres ever being used. The bulk of this land was situated in close proximity to what would eventually be Waikeria prison and may have accounted for the fact that much of the land was not used for mental hospital purposes, given that Tokanui was eventually located some 10 kilometres to the west. The claimant's contention that the amount of land taken for Tokanui was excessive is, therefore, conclusively proven.

Waikeria Prison

The claimant's contention that the amount of land taken for Waikeria prison was excessive is, however, a non-issue. Only 1351 acres was ever formally taken under the Public Works Act, specifically for Waikeria. As at 1998 the prison occupies an area of3202 acres, with the balance area being made up ofland originally taken for Tokanui, but transferred to the prison in 1961.

Inadequate Compensation

The claimants have also raised the issue of whether the compensation assessed was adequate. The owners ofthe blocks also raised the question of adequacy in 1910, when the land was taken. This ultimately led to a special sitting of the Court, held at Kihikihi on 17 August 1911. Expert valuers and fanners residing close to the land gave evidence and the Court made an assessment which it considered to be ' ... equitable and one that should meet with the approval of all parties ... ,1

What did emerge from this sitting, however, was that there were marked differences in the values placed on the block by the Crown valuers and those representing the owners. In this regard the Court was moved to comment,

The evidence as to the value of various blocks is of a very conflicting nature. The witnesses for the natives placing, in some instances, a value double or treble that placed by the witnesses for the Crown ... a careful consideration of the evidence of the valuers and a review of the recent transactions affecting lands in the immediate vicinity .. .leads the Court to the conclusion that the values placed upon some of the blocks by the witnesses for the Crown are rather low while on the contrary those placed by some of the valuers for the natives are exceptionally high2

The final compensation awarded to the owners was, therefore, arrived at after careful consideration by the Court. Therefore, based at least on the outcome of this particular court sitting, the owners at that time received what could be considered to be adequate compensation for the taking of their land.

However, the issue of adequacy, from the claimants point of view, is much broader than this. The key questions for the claimants are, did the owners have equal access to resources to

1 Waikato MB 35, 17 August 1911, pIll (F7 A] 2 ibid

49 prove the adequacy of the compensation? Were they sufficiently conversant with the process to adequately participate in the process? Was the process itself adequate for the purpose? Were the owners aware of their rights under the various acts and policies? Was the process of public works takings foist upon the owners? and did the owners have a choice? These questions have not been addressed in this report.

Compensation Payments

The issue of whether or not the owners were actually paid the compensation awarded is also a key question raised by the claimants. This report, however, does not attempt to fully answer this question. The reasons being that firstly, the scope of the report did not include an in-depth analysis of this aspect of the history of the blocks and secondly, the claimants have indicated quite clearly that a separate analysis of the subject must be undertaken. However, the block history does reveal some pertinent facts, which may be relevant to the issue of compensation payments.

The Court sitting held on 17 August 1911, clearly shows the amount of compensation awarded to the owners.3 Furthennore, the compensation orders, which emanated from the Court, also showed the amount each owner would receive. Further investigation is required to detennine whether or not these payments were made, who actually received them and whether or not these were the appropriate people.

Public Works Lands Not Used

Two questions raised by the claimants were, did the Crown use the land for the purpose for which it was taken and if it did not, what happened to it. The results of this report clearly show that in fact the Crown did not use all the land taken under the Public Works Act fOf the purpose specified. Of the 4931 acres taken, only 3442 acres is still held by the Crown, in the form of Tokanui Hospital, Waikeria Prison and the Ministry of Agriculture and Fisheries research fann. In 1936, however, 52 acres was returned to the owners and this block is still Maori freehold land. The fate of the balance area is documented as follows;

Some of the land taken for public works was either not used as such or the land was declared surplus to requirements. In the case of blocks such as Tokanui CI4A, C14B, C15A, C15B, C16A, C16B, C17 A and C17B, these were eventually sold.

Transfer

Although still held by the Crown, 2196 acres was transferred from T ok:anui hospital to Waikeria prison and a further 784 acres from Tok:anui to the Ministry of Agriculture and Fisheries.

Therefore the issues raised by the claimants have some merit. Presumably the owners, at the time ofthe taking, were advised that the land was being taken for a particular purpose. The Crown not only failed to use all the land for the purpose specified, but either alienated some of it so that the owners would never get it back or used it for a purpose other than what it was

3 ibid

50 taken for. In the case of the sale of land the record clearly shows that the Crown failed to offer the land back to the owners and in the case of the transfer of land, the owners were not consulted.

Forced Takings

The claimants also contend that the process by which land was acquired, under the Public Works Act, was forced upon the owners. Again, however, this report does not seek to elucidate this issue because the claimants wish to examine this question in detail as part of a separate report. The findings of this report, however, do highlight a number of points, which are relevant to the issue.

Of the 15 blocks taken under the Public Works Act, 13 of them were acquired in exactly the same way.4- The Crown originally obtained access to the land by way of an application for land in lieu of survey. At the same time the Crown purchased the shares of those owners who were willing to sell. An area equivalent to its shareholding was awarded to the Crown and those owners who did not wish to sell were awarded the balance. However, between 1910 and 1912 the Crown used the Public Works Act to acquire the balance from the owners. Therefore, regardless of whether they wanted to sell or not, the owners were forced to give up their land.

Failure to Return Land

The fact that the Crown failed to return land when it was no longer required for the purpose for which it was taken has already been traversed. The Crown, in selling the land or transferring it for some other purpose, has clearly failed to return the land to those persons from whom it was taken. The question, however is, did the Crown have an obligation, legal or otherwise, to either consult with the owners or return the land to them. Within the scope of this report, that question remains unanswered.

The claimants are adamant, however, that the Crown did indeed have an obligation to either consult the owners or return the land to them and have established this argument as one of the main principles of the claim. This report clearly shows that in one case (part Tokanui Cl2B) the Crown, in 1983, sold part of the block without first offering it back to the owners.

Location

An issue that has emerged from the history of Tokanui and in particular the public works takings, is the location ofthe land taken. The Tokanui block is some 12 kilometres in length from west to east. Tokanui Hospital is located on the western boundary and Waikeria is at the eastern end. The bulk ofthe land taken for Tokanui, however, is located toward the eastern boundary. Despite the fact that 4931 acres was taken for Tokanui, most of which was located in the eastern half of the block, Tokanui itself was eventually established at the western end. Furthermore, only 15 acres of the total land taken for Tokanui is being used as a mental hospital, the majority coming from the neighbouring Pokuru IB block.

4 For examples, see Tokanui C2B, Tokanui Cl2B, Tokanui C14B block history's

51 The claimants allege that the hospital, in fact, should have been sited in close proximity to the prison. This opinion is based on the large areas of land taken in that area and the fact that the land was taken for T okanui (and not W aikelia). These questions remain unanswered.

Maori land in Preference to non-Maori land

Another of the claimants contentions is that the Crown acquired vast portions of the T okanui block in preference to non-Maori land. The Crown had previously acquired some one million acres of land as a result of the confiscations. This land was situated approximately 50 metres from the Tokanui block on the northern side of the Puniu river. By 1910, when the Crown began acquiring the land, some of the land had been sold. However, none of the 3885 acres taken for public works was non-Maori land. Primarily the claimants contend that this acquisition of land was done because it was both cost effective and convenient for the Crown. This report does not specifically address this issue, however.

CROWN PURCHASES

The Crown purchased 14 blocks ofland from the owners, totalling 2904 acres.5 The sales were concluded by way of deeds of purchase and the blocks would eventually form part of either Tokanui Hospital or Waikeria prison. The deeds themselves were written in both Maori and English and each deed included confirmation that the owners understood the terms of the deed.

However, within the deeds are a number of anomalies which are merely noted for the purpose of clarification. In the case of Tokanui C 17 block, there were two owners involved in the sale, however, only one signed the deed. In several other blocks, including C20 and C21 the deed was signed on behalf of a deceased owners by part successors.

In terms of the claim, however, the claimants readily accept that despite these anomalies the sales were on a willing buyer/willing seller basis and that the purchase price was both adequate and, for the most part, paid to the correct people. However, when viewed within the context of the Crowns policy to acquire land, the claimants contend that the Crown purchases were part of a deliberate process to permanently alienate the owners from their land. This contention is borne out by the fact that in all the cases where the Crown purchased part of a block, the balance was subsequently compulsorily acquired. Furthermore, whilst the land was initially set aside for public purposes, some of it was subsequently sold into private ownership. In the first instance, the claimants only avenue for return of their land is when the land becomes surplus to requirements and in the second, they are acutely aware that the general land will never be returned.

SURVEY LIENS

The Crown took a total of 180 acres in lieu of survey liens. These surveys were partly in respect of the original Tokanui block and partly for the various sub-divisions, which occurred. Although meagre, in comparison to the overall area, the survey liens do, however, raise a number of important issues.

5 See Summary

52 In 14 of the 17 cases where land was taken in lieu of survey, the following process occurred.

For those blocks where survey liens were outstanding, the Crown negotiated with and purchased shares from owners. The Chief Surveyor lodged 14 applications for land in lieu of survey on 2 November 1907. The Court made 14 orders vesting part of the block in the Crown in satisfaction of the survey lien and a further portion in terms of the purchase. The Court also vested the balance area in those owners who did not sell. Within three years, those blocks, which the o\vners had retained, were taken under the Public Works Act. These blocks were vested in the Crown. All 17 blocks were declared Crown land in 1909.

Six of the blocks have now been sold, six are still part of Waikeria prison, two are part of Tokanui hospital and the others are held by the Ministry of Agriculture and Fisheries. More pertinent, however, is the fact that while the taking of land in lieu of survey was relatively minor, in area terms, it clearly provided the catalyst which led to the wholesale acquisition of land by the Crown.

The claimants also contend that the imposition of survey liens on the owners was unnecessary and unwarranted. The record would tend to bear this out. Even before the original Tokanui block was created in 1889, plans and lists of owners had been produced to the Court detailing how the owners wanted to subdivide much oftlle block.6

The outcome of this sitting was the creation of the original Tokanui block and then its immediate sub-division. These sub-divisions effectively cancelled the parent title. Presumably, therefore, the purpose of surveying the original Tokanui block, was to facilitate the survey of its subsequent sub-divisions. The most compelling argument against this approach, however, was that the sub-divisions occurred on the same day. If the Court was aware of the sub-divisions, then for all practical purposes the sub-division was the original block. This being the case, there was in fact no need for the original survey.

However, some six years later in 1895, the Surveyor General was granted a Survey Charging Order against the original Tokanui block,7 a block that in fact no longer existed. The Surveyor General then proceeded to apportion the cost of that survey to the various sub-divisions, which existed at that time (and indeed portions were charged to blocks that did not even exist at 1895)8. Over the next twelve years the Crown gradually and systematically began acquiring land in lieu of this survey.

In another instance, the Crown did not immediately charge the sub-division with the cost of the original survey. Rather, the Surveyor General surveyed the sub-division, took land in lieu of that survey and charged the balance area with the cost of the original. 9 Based on this evidence the claimant's allegation that the survey liens were unnecessary and unwarranted has some merit.

6 Otorohanga MB, 8, 9 October 1889, fols 140, 169-192,203-204, 209217,224,281-282, 315-326 7 Survey Charging Order, 25 April1895 [A2] 8 Survey Schedule [A3] 9 See Tokanui 1B 1, 1B2 block histories

53 One further matter raised by the claimants is that the actual surveys were unwanted by the original owners. This report does not address this issue.

LOSS OF W AAm TAPU

The pre Native Land Court history of the Rohe Potae and in particular the Tokanui area is finnly ensconced in the history of Tainui. Those iwi, hapu and whanau groupings that occupied the area would eventually become owners through the Native Land Court system of land ownership. However, these rights did not occur by accident. Generations of occupation and use of the land meant that despite the numerous claims made in 1889, the vast majority were able to provide irrefutable evidence of their right to the land. Many of those who gave evidence confmned that there were Pa, house sites, mahinga kai, maara, orchards and cultivations throughout the block. The claimants contend that most of these have been lost through the alienation of their land.

Within the boundaries ofthe original Tokanui block there are two clear examples of the loss ofwaahi tapu through errors made by the Native Land Court.

In 1889, the Court created a one-acre burial reserve called Tokanui 1C. Its location was defined as being alongside the Puniu stream. The area had long since been abandoned as a burial site, however, it contained the remains of a number of leading chiefs of the pre­ European era. The intention was to set the area aside as a place of remembrance to them and for the next 17 years the reserve remained as such. However, in 1906, the Court created a block called Tokanui ID. It was a 1290 acre block which also included (but did not specifically mention) the burial reserve. Tokanui ID was partitioned several times, until in 1975 a block called Tokanui ID2AIB2 was created. This particular block included the burial reserve, however, again no mention was made of its existence. The block, including the burial reserve, had been partitioned for the purpose of sale and was subsequently sold to a Mr J. Goodrick. This block is now general land.

In 1904, the Court made an order creating a block called the Tokanui burial reserve. Situated adjacent to a hill by the same name, the reserve was one acre in size. The block was never surveyed, nor was it ever fonnally set aside asa reserve. Four years later the Court created a block called Tokanui C8B, which included the burial reserve. This block was eventually sold and is now, along with the burial reserve, general land.

In the same year the Court also created the Tutuhinau burial reserve. This was also one acre and was located somewhere in the block known as Tokanui C9. Again the block was not surveyed or formally set aside as such. Fortunately, however, Tokanui C9 has remained Maori freehold land and the burial reserve is located somewhere within its boundaries.

Furthermore, at a sitting of the Native Land Court held in 1911, the Court entertained pleadings from a number of the owners in respect of access to their traditional food gathering places in, on and adjacent to the Puniu river. Numerous blocks next to the river had been taken under the Public Works Act and the owners were concerned that they would not be able to gain access to the river. The Court in response, stated;

The Court cannot entertain the claim by the owners of No lA N02 for compensation on the ground of severance from the Puniu River. A careful personal inspection of this block reveals the fact that a small stream at least 2 ft 6 in deep and proportionately

54 wide runs through one side of the block. There are also two wet swamps on the block which could be so manipulated to provide ample water irrespective of the stream alluded toW

What the Court failed to recognise was that the stream would eventually dry up and the neighbouring fanners would drain the swamps. This indeed occurred, effectively cutting the owners off from access to the Puniu River.

The claimant's contention that the acts, omissions and errors by the Crown have lead to the loss of access to traditional sites and waahi tapu is well founded.

10 Waikato ME, 17 August 1911, fo1s 108-111

55 W 1\[ 440

\VAITANGI TRIBUNAL

CONCERNING the Treaty of Waitangi Act 1975

AND CONCERNING the Tokanui Land claim

DIRECTION COMfvIlSSIONING RESEARCH

Pursuant to clause 5A(l) of the second schedule of the Treaty of Waitangi Act 1975, the Tribunal commissions Wayne Taitoko, of Te Awamutu, to complete on behalf of the claimants a research-report for this claim covering the following matters:

(a) A thorough search, retrieval and analysis oL:elevant information from Maori Land Court minute books and other sources, to detem1ine the circumstances relating to the ownership of the blocks ofland associated with the claim.

(b) A thorough search, retrieval and analysis of relevant information from IVlaori Land Court Block Order Files. to determine the block history of the land known as the Tokanui Block, including original ownership, the changes in ownc:rship and the circumstances under which these changes in ownership occurred.

(c) A detailed account and analysis of the alienation of any land associakd with the Tokanui Block, including Public Works takings, survey liens, and for the payment of rates, together with information from Compensation Court documents, on any compensation payments which were made, to whom they were made and 'vvhcther they were made to the appropriate recipients.

(d) Such maps as are deemcd ncccss~\ry i"or the clarification or matters raised in the report.

2 This commission commences on receipt of written confirmation of the commissionee's acceptance of the terms and conditions of the commission.

3 The commission ends on 4 August 1998, at which time one copy of the report will be filed in ullbouncl Corm together with all imkxed dllcument bank and a copy of' the n~p\)rt on disk.

Cont page 2. The report may ......

56 Page ~ Wai 440, Taitoko.

4 The report may be received as evidence and the author may be cross-examined on it.

5 The Registrar is to send copies of this direction to:

Wayne Taitoko, Manga Maniapoto Research Committee Claimants Counsel for Claimants SoliCitor General, Crown Law Office Director, Office of Treaty Settlements Secretary, Crown Forestry Rental Trust Director, Te Puni Kokiri

Dated at Wellington this JcI: day of April 1998. L:f~ Deputy Chief Judge N Smith Deputy Chairperson WAITANGI TIUBUNAL

57 ~c:)P'j 0 ~ -i-L~ CICl,'~ -2- -+= UJa: k!v' ~V\'b~-;;Z,

WE,

William Piriwiritua Remi HUGHES,

Tiriti-o-Waitangi EMERY (nee MARARU),

Robert Mingi ELLIOTT,

Jocelyn Rangimamae JOHNSON (nee MURAAHI),

Charles Michael FARRAR,

Robert Taohua TE HUlA (Chairperson),

Harold Te Piki Kotuku MANIAPOTO,

Wayne Winiata TAITOKO, i i I Rutu (Ruth) Hoariri FORSHAW (nee PAERATA);

being of Ngaati Paretekawa and Ngaati Paia descent, Ngaati Maniapoto

affiliation and Tainui Iwi connection;

CLAIM UNDER THE TREATY OF WAITANGI (1975) AND ITS AMENDMENTS,

- that we are Maaori and direct descendants of these ancestral lands,

- that we have been prejudicially affected by the various Ordinances, Acts,

Regulations, Orders, Proclamations, Notices and other Laws and by

the various Policies, Practices and Omissions by, or on behalf of, the

Crown that were utilised to acquire our lands for the purpose of

establishing Tokanui Mental Hospital and waikeria Prison.

We consider that the actions taken by the Crown then, as now, were

inconsistent with the four Articles of the Treaty of Waitangi.

The impending closure of Tokanui Hospital, by 30 June 1994, has heightened

the urgency of this Claim for five land Blocks as particularised below.

58 - -3-

IN PARTICULAR WE SAY AS FOLLOWS:

1.0 POKURU IB BLOCK

1.1 This land was or~inally taken under the Public Works Act; NZ

Gazette 1910, p.3719; for the Tokanui Mental Hospital. A

Compensation Order of the Maaori Land Court, dated 17 August

1911, ordered the sum of 430 pounds be paid to owners.

1.2 NZ Gazette 1973 declared land owned by the Crown to be vested in

the Waikato Hospital Board.

1. 3 The Waikato Area Health District Order 1989 replaces W·,l.ikato

Hospital Board with waikato Area Health Board.

1.4 That the various Acts, Policies by or Omissions on behalf of the

Crown promoted and resulted in Pokuru IB BIOC~eing compulsorily

acquired by the Crown contrary to the wishes of the owners.

1.5 That the amount of 430 pounds paid by way of compensation was

forced upon the owners to negate their land ownership.

59 -4-

2.0

2.1. This land was awarded to the Crown in lieu of Survey Liens

(costing 8 pounds, 7 shillings and tenpence) by a Maaori Land

Court Order dated 15 April 1908.

2.2 The NZ Gazette 1910, p. 3719 records land for Tokanui Mental

Hospital under the appellation of Section 3, Block X Puniu

Survey District (S.D.).

2.3 NZ Gazette 1973, p.1166; declared land owned by the Crown to be _

vested in the Waikato Hospital Board.

2.4 The Waikato Area Health District Order 1989 replaces Waikato

Hospital Board with Waikato Area Health Board.

2.5 That the various Acts, Policies by, or Omissions on behalf of,

the Crown promoted and resulted in the survey of Tokanui lB2~~

Block contrary to the wishes of the owners and directly resulted

in this Block being awarded to the Crown in lieu of Survey

Liens.

60 .-~.-

3.0 TOKANUI lB2B3B BLOCK

3.1 This land was originally held in Maaori Ownership with ~eJ+-o4 +i-tle.' CT 634/110. The NZ Gazette 1936, p. 2251 records land taken for

the Tokanui Mental Hospital. A Compensation Order of the Maaori

Land Court dated 27 April 1937 ordered that certain areas of

land to be given in exchange to the owners. THIS WAS NEVER DONE.

3.2 NZ Gazette 1973, p.1166 declared land owned by the Crown to be

vested in the Waikato Hospital Board.

3.3 The Waikato Area Health District Order 1989 replaces Waikato

Hospital Board with Waikato .Area Health Board.

3.4 That the area of land given in exchange to the owners by way of

compensation was never effected,

61 -6-

4 • 0 TOKANUI lBl BLOCK

4.1 This land was awarded to the Crown in lieu of Survey Liens of

17 pounds and II shillings by a Maaori Land Court dated

12 December, 1906.

4.2 The NZ Gazette 1910, p. 3719 records land taken for Tokanui

Mental Hospital under the Appellation of Section 3, Block X,

Puniu S,D.

4.3 Nz Gazette 1973, p.1166 declared land owned by the Crown to be

vested in the Waikato Hospital Board.

4.4 The Waikato Area District Order 1989 replaces Waikato Hospital

Board with Waikato Area Health Board.

4.5 That the various Acts, Polcicies by, or Omissions on behalf of,

the Crown that promoted and resulted int eh survey of Tokanui IB

Block, contrary to the wishes of the owners, directly resulted

in the Tokanui IBl Block being awardedto tne Crown in lieu of

Survey. Liens.

62 -7-

5.0 TOKANUI IB2B BLOCK

5.1 This land was originally taken under the Public Works Act; NZ

5.2 Gazette 1910, p.4282; for the Tokanui Mental Hospital.

A Compensation Order of the Maaori Land Court, dated 17 August

1911, ordered the sum of 1020 pounds be paid to owners.

5.3 NZ Gazette 1973, p.1166 declared land owned by the CRown to be

vested in the Waikato Hospital Board.

5.4 The Waikato Area Health District Order replaces Waikato Hospital

Board with Waikato Area Health Board.

5.5 That the various Acts, Policies by, or Omissions on behalf of,

the Crown promoted and resulted in Tokanui lB2B Block being

compulsorily acquired by the Crown contrary to the wishes of the owners.

5.6 That the amount of 1020 pounds paid by way of compensation was

forced upon the owners to negate their land ownership.

63 BIBLIOGRAPHY

SECONDARY SOURCES

Published

Unpublished

Land Corporation Limited Justice Department ~ Waikeria Youth Institution land holdings, Undated

Waikato-Maniapoto Maori Land Court Report ofthe Maori Land Information Office: Background to the acquisition by the Crown ofthe lands comprised in the Waikeria Borstal site, 1994

PRIMARY SOURCES

Published Official

New Zealand Gazette, 1907, 1909, 1910, 1912, 1916, 1925, 1926, 1934, 1936, 1937 1958, 1961, 1963, 1970, 1973, 1983, 1993

Maori Land Court Minute Boob

Otorohanga Minute Book, Volumes 1,6, 7, 8, 9, 41, 42, 44, 46, 49,54,56,57,60,62,69, 70, 75, 76

Waikato Minute Book, Volumes 35,53

Mercer Minute Book, Volumes 25, 38

Maori Land Court Block Order Files

Pokuru Block Order file, KW 209

Tokanui Block Order file, KW 224

Maori Land Court Title Binders

Tokanui

Pokuru

64 Unpublished Unofficial

Te Huia, Raureti, 1935, Personal Writings

Personal Communication

Maniapoto-Anderson, Rovina, 1998

Maniapoto, Harold Te Pikikotuku, 1998

65