I I DUPLICATE Wai 814 I ( I Ngai Tamanuhiri Land Alienation Report A report commissioned by the Waitangi Tribunal Keith Pickens September 2000 1- ( 1 11 Contents 1 ( Chapter 1: Introduction 1 1.1 Ngai Tamanuhiri 1 1.2 Topography 5 1.3 Ngai Tamanuhiri in the 1860s 6 1.4 Relationship to Other Reports 7 Chapter 2: The Poverty Bay Commission 11 2.1 Maraetaha and Te Kuri 11 2.2 ~erovvhero 14 2.3 Pakovvhai 15 2.4 ~aretunoa 17 2.5 Tangotete 19 Chapter 3: Legislative Confusion 1869-1874 27 3.1 The Poverty Bay Grants Act, 1869 28 3.2 Joint Tenancy 29 Chapter 4: Maraetaha 1869-1880 35 4.1 Early Sales 37 4.2 Native Lands Frauds Prevention Act, 1870 38 4.3 Native Land Act, 1873 40 4.4 Maraetaha Lease 1869 40 4.5 W L Rees and Wi Pere 42 4.6 Land Trusts 43 4.7 Pru1ition of Maraetaha and Te Kuri 1880 44 4.8 The Trust Commission 44 4.9 The £3,000 47 4.10 The Lost Acres 47 Chapter 5: Maraetaha Partitions 1880-1988 51 5.1 Maraetaha lA 1880 - 1904 51 5.2 Maraetaha IB 1880 - 1902 53 5.3 Maraetaha 1C 57 5.4 Maraetaha ID (Te Kopua) 1880 - 1988 58 5.5 Part Maraetaha, DP 795 63 Chapter 6: Te Kuri 65 6.1 Te Kuri lA 65 6.2 Te Kuri 1B 66 111 I 1 6.3 Te Kuri 1 68 6.4 Te Kuri 2A, 2B, 2C and 2D 68 1( Chapter 7: The Advent of the Maori Land Court 69 1 7.1 The End of the Poverty Bay Commission 69 7.2 The Ngai Tahupo Block 70 1 7.3 The Poverty Bay Lands Titles Act, 1874 71 ( 7.4 The Native Land Court 72 7.5 Whareongaonga 74 7.5.1 Whareongaonga A 76 7.5.2 Whareongaonga B 77 7.5.3 Whareongaonga C 79 Chapter 8: Takararoa and Paritu 83 8.1 Takararoa 83 8.2 Paritu 84 8.3 The Ownership of Takararoa and Paritu 86 Chapter 9: Rahokapua and Umuhaku 95 9.1 The Owners of Rahokapua 96 9.2 Rahokapua 1B 9T 9.3 Rahokapua 2 98 9.4 Okahu 98 9.5 Umuhaku 99 9.6 Sale ofUmuhaku 99 9.7 Umuhaku lA and IB 101 Chapter 10: Maraetaha 2 105 10.1 The Investigation of Maraetaha 2 105 10.2 Maraetaha 2 Petitions 111 Chapter 11: Maraetaha 21883 -1954 119 11.1 The Carroll Pere Trusteeship 122 11.2 The Pmiition of Mm'aetaha 2 124 11.3 The Validation Court 125 11.4 The Validation Comi Hearing and Maraetaha 2 127 11.5 Maraetaha 2 Alienations 130 11.5.1 Trust Alienations 130 11.5.2 Private Alienations 130 11.6 Sununary of Alienations 134 IV I 1 Chapter 12: Puninga 139 12.1 The Herbert Interest 139 12.2 Partition 1891 140 12.3 Appeal 1895 147 12.4 Puninga Purchase Declined 144 12.5 Puninga and the Validation Court 145 12.6 Puninga Alienations 149 Chapter 13: Rangaiohinehau, Tarewauru, Tiraotane and Ranginui 155 13 .1 James Cattell 156 13.2 Maori Attitudes to Alienations 158 13.3 The Trust Commission 158 13.4 Land Prices 159 13.5 The Remnants 160 Chapter 14: Surveys and Rates 161 14.1 Survey Charges 161 14.2 Whareongaonga C 162 14.3 Rates 164 Chapter 15: Overview 165 15.1 Crown and Local Body Alienations 165 15.2 Crown Purchases 19th Century 167 15.3 Alienation of Trust Lands 168 15.4 Private Purchases: 19th Century 168 15.4.1 Maraetaha and Te Kuri 169 15.4.2 Tarewauru 171 15.4.3 Puninga 2 172 15.5 Private Purchases: 20lh Century 174 15.5 1 Private Purchases 1894-1909 174 15.6 The Stout Ngata Commission 177 15.7 Private Purchases 1909-1954 179 15.8 Private Purchases 1954-1991 182 15.9 Final Position 182 Appendix 187 Appendix A: Statements of Iwi/Hapu Identification 187 Appendix B: Ancestors Claimed 191 Sources 193 v List of Illustrations Figure 1: Location Map 3 Figure 2: Maraetaha, Te kuri and Pakowhai Blocks 10 Figure 3: Wharetunoa Block, 1926 18 Figure 4: Muriwai District Blocks 20 Figure 5: Johnson's Te Kuri Partition, 1892 48 Figure 6: Maraetaha Pruiitions 52 Figure 7: Te Kuri lA, 1927 64 Figure 8: Whareongaonga Paritions 73 Figure 9: Rahokapua, Okahu and Umuhaku Blocks 94 Figure 10: Mru'aetaha 2 Partitions 126 Figure 11: Maori POliion of Maraetaha 2 1882-1991 135 Figure 12: Puninga Block 138 Figure 13: Puninga Block, 1910 151 Figure 14: Rangaiohinehau, Tarewauru, Tiraotane ruld Ranginui Blocks 154 Figure 15: Categories ofNgai Tamanuhiri Land 166 VI I 1 Chapter 1 1 ( Introduction 1 In December 1868 over 270 'loyal chiefs and men' of Rongowhakaata, Te Aitanga-a­ 1 Mahala and Ngai Tahupo ceded their Poverty Bay lands to the Crown. l According to one contemporary estimate, this was an area of about 300,000 acres.2 A recent assessment is that the ceded area contained over 800,000 acres. 3 In Febmary 1869, the Governor, Sir George Bowen, gazetted the Crown's acceptance of the Poverty Bay cession. He also announced that native title over the lands in question had been extinguished.4 On the same day John Rogan and Henry Monro were appointed to a commission of inquiry.s The task of this commission, usually referred to as the Poverty Bay Commission, was to consider applications for the ceded lands. Those Maori who could prove both their loyalty and their title would receive their land back, by way of a cOlmnission award and a Crown grant. 1.1 Ngai Tamanuhiri Those directly affected by the 1868 ceSSIOn and subsequent developments were Rongowhalcaata, Te Aitanga-a-Mahaki and Ngai Tahupo. TIns repOli deals with the last of these three groups, Ngai Tahupo. In the document of cession, the Ngai Talmpo people were called a hapu. By descent, they derived from Tamanuhiri, more ilmnediately from Kahutia. 6 There were other descendants of Tamanuhiri in the Poverty Bay district in the 1 Copy of 1868 Deed of Cession in RDB, vol 131, P 50521 2 Halse to Rogan, 15 February 1869, NA file MA 62/8. RDB, vol 130, p 50163 3 Ward, A. National Overview. Wellington, Waitangi Tribunal, 1997, vol 2, p 201 4 ) New Zealand Gazette, 13 February 1869, P 60. RDB, vol 131, P 50524 5 New Zealand Gazette, 13 February 1869, pp 59-60. RDB, vol 131, P 50523f G Halbert, R. Horouta: The Histol)' ofthe Horouta Canoe, Gisborne and East Coast. Reed, 1999, p 268; Gudgeon, W. E. The Maori Tribes of the East Coast. Journal of the Polynesian Society, vol. 6, 1897, pp 175- 1860s, notably Ngati Rangiwaho. But for some reason, perhaps because of the prestige of 1 the Ngai Tahupo chief Tawheo Pohatu, perhaps also because ofPakeha mis-perception, the ( hapu name Ngai Tahupo seems to have functioned, in the middle of the 19th century, as an 1 umbrella for all of Tamanuhiri's descendants. In this name all of their land was ceded in 1868, including the southern Whareongaonga district, where Ngati Rangiwaho held the mana. In 1873, when a large area of the ceded land was returned, including land that belonged to Ngai Tamanuhiri hapu other than Ngai Tahupo, it was returned, so the minute book says, to Ngai TahupO.7 Towards the end of the 19th century, the name Ngai Tahupo fell into disuse: Ngai Tamanuhiri became the preferred label. At the same time, during the 1860s, 1870s and 1880s, it was possibly more common for Tamanuhiri's descendants to use hapu names as their main way of identifying themselves. The iwi affiliations of some of these descendants, it should be noted, were not necessarily limited to Ngai Tamanuhiri. In celiain circumstances descendants of Tamanuhiri could and did identify themselves as descendants of Rongowhakaata or Kahungunu. 8 In this repOli, Ngai Tamanuhiri includes Ngai Tahupo and all the other groups who claimed Tamanuhiri or one of his descendants as their eponymous ancestor. However, where the sources use Ngai Tahupo or some other hapu name, the repOli will use these names. In 1840, according to evidence given to the Poveliy Bay Commission in the late 1860s, and then in the Land Court in the 1870s and 1880s, those groups who traced descent from Tamanuhiri were located to the south of the Poverty Bay district, in the Muriwai district and along the coast to the south of Muriwai. Whareongaonga was a principal location. 188. This was Tawheo Pohatu's lineage, regarded as one of the principal Poverty Bay chiefs in the 1840s. For the origin of the name Ngai Tahupo see Gisborne MB, no 44, 4 November 1919, p 317 7 Poverty Bay Commission MB, 22 November 1873, p 41 S The reverse is also true. During the Maraetaha 2 hearing Wi Paetarewa said that he belonged to Ngati Hauaraki ofNgati Kahungunu. He began his whakapapa with Tamanuhiri. Gisborne MB no 8, 22 March 1882, p 17 2 1 ( 1 PavertyBay Nicks HeadlTe Kuri a Paaa Hawke Bay KEY: ---<:P- Main roads ~ Crown forests ~g Topography (in metres) 3 They also extended inland, into the district later defined as Maraetaha 2. There is some independent evidence, dating from the 1840s, as well. In the Turanga Journals William Williams noted that Taweo (sic), described as a principal Poverty Bay chief, was resident at Maraetaha in February 1840.9 Ngai Tamanuhiri were a coastal people. It is no accident that some of their key locations, for example, Kopututea, Te Kuri, Whareongaonga and Paritu, were all on the coast, or that they tended to defined their rohe as running from point to point along the Poverty Bay coastline.