, TE WHENUA 0 TE KUPUWHAKAARI NGAl TAMA RAWAHO . WAlTANGl659 NGAI TAMA RAWAHO REPORT AN OVERVIEW REPORT COMMISSIONED BY THE WAITANGI TRIBUNAL NA TE ROPU WHAKA NOARAUPATU 0 NGAI TAMA RAWAHO GEORGE MATUA EVANS OCTOBER 1997 2 A REPORT ON NGAI TAMA RAWAHO WAI 659 CLAIM A report commissioned by the Waitangi Tribunal for the Tauranga claim (Wai 215) Any conclusion drawn or opinions expressed are those of the author 3 CONTENT Part 1 INTRODUCTION 1. 1 Acknowledgments 1.2 The author 1. 3 The claim Partn NGAI TAMA RAWAHO 2.1 Te Pou Toko Manawa 2.2 Kinonui 2.3 Ngai Tama Rawaho Hapu 2.4 Contempory Settlement 2.5 Ngai Tama Rawaho, Nga Whenua Toenga (The remanent lands) 2.6 Te Rii 0 Ngai Tama Rawaho 2.7 Ahu Whenua 2.8 Taonga KumaraIMaara 2.9 Estuaries Taonga Kaimoana Partm TE MURU 0 TE PAPA 3 . 1 The Church Missionary Society's acquisition of Te Papa 3.2 Governor Gore Brown's Despatch to the Duke of Newcastle 3 .3 Lands Claims Ordinance 1841 3.4 Turton's Deeds 3.5 Brown's Letters to Williams Part IV NGAI TAMA RAWABO AND KINGITANGA 4.1 Kingitanga 4.2 Enactments which impacted uponNgai Tama Rawaho 4.3 Kawanatanga 4.4 Military intervention 4.5 The Cession, its impact upon Ngai Tama Rawaho 4.6 Tirohanga, Ruritia (To view, to site noting aspect - to survey) 4.7 Ngai Tama Rawaho mai Kinonui, Ngaiterangi ki Te Kawana (from Kinonui Ngaiterangi is to the Crown) 4.8 Te Hoko 0 Te Puna Katikati Block 4.9 Crown Grants to Maori - Otumoetai Part V PRIVATISATION OF THE TRIBAL ESTATE 5.1 Reserves and allotments 5.2 Partitions identifying allotments returned to Ngai Tama Rawaho 5.3 The return of Taumata and other blocks 5.4 Timber cutting rights acquired by The Rakau Coy 5.5 Allotments 536 and 535 4 Part VI TOENGA TAONGA 0 TE RAUPATU, KO TE MOANA 6.1 Nga Taonga ite Moana (The treasures of the sea) 6.2 Inner Harbour specific to Ngai Tama Rawaho 6.3 Taonga Moana Ki Te Whenua (property rights to the sea and to the land) 6.4 The Loss of the Moana Part VII LEGISLATION 7.1 Background To The Tauranga Moana Trust Board Act 1981 7.2 Review of the Maori Trust Board Act 1955 7.3 Some final thoughts 7.4 Treaty of Waitangi Act 197 5 (as amended) Part VIII TAURANGA DISTRICT COUNCIL 8.1 Statistical Information 8.2 Property Values within Tauranga District Council 8.3 Council Policies on Maori Claimants/Claims 8.4 The Tauranga Town Hall Affair 8.5 Recent Statistics CONCLUSION APPENDICES: A. A 1 Statement of claim A2 Particulars ofthe claim A3 Nga Poutokomanawa 0 Te Rohe Ngai Tama Rawaho A 4 Principle Acts of cession A5 Relief sought B. B.1 Waitangi Tribunal Commission c. C. Confiscated Lands - Tauranga Submissions by Dr. Pei Te H Jones D. D.1 Rangihoaia Matthews Affidavit D.2 Waitangi Tribunal Claim No. 86 E. The orthodox story not only holds the raupatu Compiled by Piripi Winiata 14 May 1997 5 PART I INTRODUCTION 1.1 Acknowledgments The Wai 659 Report endeavours to capture the Ngai Tama Rawaho comprehension of the plight of its hapu: the events leading up to the cession by the Crown of their tribal lands since the arrival of the Church Missionary Society and the subsequent effects of colonisation. For many years Ngai Tama Rawaho harboured the anguish of their loss which was well documented by the late Dr Maharaia Winiata. Kua tatu tono wawata, rna te Kawana whakatu ano he Tripunara ki te whakarongo, ki te wananga ite nako 0 tono whanau. Kua tae mai te wa. (It has been his long desire for the Government to commission a Tribunal, to convene, to hear, to debate, to recall the long held anxieties of his whanau. The time has now come) His documents and personal records, will now be made public at the Waitangi Tribunal hearings for the claim. His whanau recognise the Waitangi Tribunal hearings to be the appropriate forum to present the Ngai Tama Rawaho story. This report, i whakau mai runga ite whakapono ite tino rangatiratanga 0 Ngai Tama Rawaho (its genesis is founded upon belief and the enduring greatness of Ngai Tama Rawaho). The comprehensive records of Dr. Maharaia Winiata kept by the whanau will provide the substantive evidence for the claim. The financial cost born by the individuals of the whanau has been high, they cherish their independence and self reliance, a trait they esteem. This character sets them apart from other claimants in the Tauranga Moana Rohe. Des Tata, Peri Kohu, Piripi Winiata, the Whakaturou Trustees are singled out for their encouragement and support to complete this report despite the fiscal restraint and the 6 requirement of the Waitangi Tribunal to comply with its schedules. Des Tata had accumulated over many years valuable reference material now included in the data accompanying this report. 1.2 The Author My name is George Matua Evans, an Associate of New Zealand Institute of Valuers and a Registered Valuer, with an annual practicing certificate. I qualified as a Registered Valuer on 1 June 1965, completing the examinations set by the New Zealand Institute of Valuers. Was admitted as an Associate Member of New Zealand Institute of Valuers 5 July 1965, received a certificate of registration No. 1252 on 27 March 1968, from the Valuers Registration Board. During my career as a valuer I have acquired a good knowledge of land and property legislation, especially in relation to Maori land. I was a recipient of a Churchill Fellowship and a director of the New Zealand Wool Board, a founding director of the New Zealand Rural Bank and Finance Corporation. 1.3 The Claim The claim was lodged by Desmond Matakokiri Tata on behalf ofNgai Tama Rawaho on the 24 of January 1997, and was registered by the Waitangi Tribunal on 10 March 1997as Wai 659. The claim concerns the raupatu area that the Crown retained to compensate the militia for their use following the battle of Gate Pa and Te Ranga. It was the most important area of the Ngai Tama Rawaho estate. The estate in the claim is determined by referring to the South Auckland District cadastral map, NZMS 261 sheet V14 Tauranga, and NZMS 261 sheet V15 Ngongotaha. The Survey Blocks are - Tauranga S D Blocks ll, m, V, VI, IX, Xill, and XIV 7 Otanewainuku SD Blocks II, m, VI, Vll, VIII, X, XII, XIV, XV and XVI Rotorua SD Blocks II and ill Tapapa East SD Blocks Vll and IX. The tribal land is fixed by the Waimapu Stream in the east and the Wairoa River in the west, the sea to the north east and Mangorewa River to the south. The outstanding feature of the estate is the Kopurererua Stream which divides the land mass, arising from tributaries from the maunga tipuna Otanewainuku. Other tributaries arise from the maunga tipuna Puwhenua which flow into the Wairoa River which empties into the Oreanui Estuary. The claim totals 25,000 hectares, within the survey blocks detailed, which are acknowledged as being the very fabric of taonga whenua, moana, awa, ngahere, roto, me na mea katoa i runga, i raro i era takiwa. Part two identifies the genesis ofNgai Tama Rawaho and their ancestral ties to Kinonui a ancestral chief. It notes the occupation rights of the hapu identifying the land and the estuaries which provided sustenance. Importantly included is a recent Maori Land Court judgement reaffirms the Ngai Tama Rawaho claim to their tribal estate. Part three covers the acquisition of the Church Missionary Society of Te Papa, and the Turtons Deeds identifying the Ngai Tama Rawaho tipuna who were involved in the cession. The Deeds of the cession are examined closely for the Maori text notes what Maori understood to be the alienated. The CMS correspondence reveal the concerns about the acquisition ofTe Papa. Part four introduces Kingitanga and the reasons for the support given to the King movement by Ngai Tama Rawaho. It reviews the battles of Gate Pa and Te Runga and the 8 enactments of the colonial government used to acquire the Maori estate. It details the sale of the Te PunalKatikati block soon after the Pacification meeting in August 1864. Part five covers the return of areas to Ngai Tama Rawaho as Crown Grants and the creation of reserves. It records the allotments created within the Raupatu area and the issue of Certificates of Title in favour of the Ngai Tama Rawaho descendants. The sales of the Taumata blocks to the Crown is identified which further eroded the estate of Ngai Tama Rawaho Part six covers the importance of the Tauranga harbour and the estuaries which are of cultural significance to Ngai Tama Rawaho. The ownership rights to the harbour and estuaries and the intrusion of development since colonisation is addressed. Part seven covers the founding of the Tauranga Moana Trust Board, the review of the Maori Trust Board Act 1955 and importantly the Treaty of Waitangi Act 1975 (as amended). The long held belief of Ngai Tama Rawaho in the importance of the tino rangatiratanga is affirmed. Part eight covers the response from the Tauranga District Council in response to an inquiry regarding its stance about the Ngai Tama Rawaho claim to the Waitangi Tribunal. It includes statistical information detailing the wealth and growth of real estate within Tauranga 9 PART II NGAITAMARAWAHO 2.1 Te POll Toko Manawa The Kinonui tahu (line of decent) identifies Kinotaraia (Tamarawaho).