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Validation Review of the Crown's Tabulated Data on Land Titling And

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Validation Review of the Crown's Tabulated Data on Land Titling And Wai 1040, #A48 Wai 1040 Validation review of the Crown’s tabulated data on land titling and alienation for the Te Paparahi o Te Raki inquiry region: Old land claims, surplus land and scrip Dr Barry Rigby 1 October 2014 Commissioned by the Waitangi Tribunal Te Paparahi o Te Raki inquiry (Wai 1040): Dr Barry Rigby, ‘Old land claims validation report’ 1 Oct 2014 Contents Abbreviations ........................................................................................................................... iii Glossary .................................................................................................................................... iv Introduction ................................................................................................................................ 1 Background ............................................................................................................................ 1 Approach and methodology ....................................................................................................... 1 Consultation with the parties ................................................................................................. 1 Scope ...................................................................................................................................... 2 Outline of the report ............................................................................................................... 2 Aggregation............................................................................................................................ 2 Scrip-surplus land distinction ................................................................................................ 3 Crown grant information ........................................................................................................ 4 Sources in the comments column .......................................................................................... 5 Answers to questions on the draft report ................................................................................... 5 How to use the spreadsheet ........................................................................................................ 7 Guide to spreadsheet columns ................................................................................................... 8 OLC no. (columns B-C) ......................................................................................................... 8 Survey plan no. (column D) ................................................................................................... 8 Block name (columns E-F) .................................................................................................... 8 Name of settler claimant (column G) ..................................................................................... 9 Original transaction (column H) ............................................................................................ 9 Crown grant (column I) ......................................................................................................... 9 Surplus land (columns J-K) ................................................................................................... 9 Scrip land (columns L-M) ...................................................................................................... 9 Comments (column N) ......................................................................................................... 10 Conclusion ............................................................................................................................... 10 Appendix A: Old Land Claims data table Appendix B: Commission direction ii Te Paparahi o Te Raki inquiry (Wai 1040): Dr Barry Rigby, ‘Old land claims validation report’ 1 Oct 2014 Abbreviations ANZ Archives New Zealand, Wellington AJHR Appendices to the Journals of the House of Representatives Bold row Old Land Claims missing from the Crown spreadsheet Bold type Information at variance with Crown information (in the same column) BSP Berghan supporting papers (vol & page numbers) CP Crown purchase Insignificant Grants less than 5 acres, often in Kororāreka Lapsed Commissioner Heaphy’s effective dismissal of OLCs in 1881 No grant 1840s Commissioners’ recommendation interpreted by Bell as disallowance R fol Crown grant Register and folio (numbers) RWOLC Rangahaua Whanui Old Land Claims report 1997 SLC Surplus Land (Myers) Commission 1946-1948 schedules (as follows) Series 1: Grants in full Series 2: Grants and surplus Series 3: Grants and compensation Series 4: Scrip in full Series 5: Disallowed – Reverted to Crown Series 6: Disallowed or Withdrawn – Reverted to Maoris Series 7: Scrip paid – Reverted to Maoris Series 8: Not investigated – Reverted to Crown or Maoris Series 9: Grant recommended or annulled – Reverted to Crown or Maoris Series 10: Disputed Claims – Purchased by Government Series 11: Claims acquired by Government without payment iii Te Paparahi o Te Raki inquiry (Wai 1040): Dr Barry Rigby, ‘Old land claims validation report’ 1 Oct 2014 Glossary The four key terms used in any discussion of old land claims are: Crown grant: the legal instrument by which the Crown attempted to guarantee secure title to a defined area. Written boundary descriptions within the grant document defined 1840s grants. Only during the 1850s did the Crown require surveyed grant boundaries to be included in the document. The Crown grant is the precursor to the modern Torrens system introduced after 1870. Native reserve: area that commissioners or the Crown set aside for Maori within a larger area claimed to have been alienated prior to 30 January 1840. In some cases, for example, at Waitangi, the Crown failed to implement commissioners' reserve recommendations which accompanied their grant recommendations. Surplus land: the difference between the area commissioners determined to have been alienated prior to 30 January 1840, and that included in the Crown grant and/or reserved area. After 1856, Commissioner Bell required most claimants to survey both areas at the same time, thereby defining the extent of surplus. The Crown claimed title to surplus land where commissioners determined that Maori consented to the original transaction. Scrip land: claimed areas which Pakeha claimants vacated after accepting a Crown offer of equivalent value in the form of either a promissory note (scrip) or cash. Claimants normally exchanged their scrip for land in the vicinity of Auckland after it became the colonial seat of government in 1841. The Crown could then claim title to the supposedly vacant scrip land. iv Te Paparahi o Te Raki inquiry (Wai 1040): Dr Barry Rigby, ‘Old land claims validation report’ 1 Oct 2014 Validation review of the Crown’s tabulated data on land titling and alienation for the Te Paparahi o Te Raki inquiry region: Old land claims, surplus land and scrip Dr Barry Rigby Introduction Background In his 25 October 2013 Local Issues Research Review, Richard Moorsom (the Tribunal’s Chief Historian) recommended a validation review of OLC, scrip and surplus land data (#6.2.13, table 1, 1.2(a)). He based his recommendation on Crown counsel Andrew Irwin’s acknowledgement of the incompleteness of the Crown’s OLC spreadsheets filed in July 2012. He also stated that Crown counsel, in his 20 September 2013 memo (Wai 1040, #3.2.242) , concurred with claimant counsel Moana Tuwhare’s 5 July 2013 request that the Tribunal commission such a review to provide parties with more accurate OLC information (Wai 1040, #3.2.171). The Chief Historian recommended that ‘a validation review of the Crown’s tabulated data on OLCs [be] commissioned to address any inaccuracies and fill any gaps found, to the extent practicable and in consultation with the parties’. Following consultation with parties at the judicial conference of 25 November 2013, the recommended OLC validation review project was approved by Presiding Officer Judge Coxhead in his memorandum-directions of 24 December 2013 (#2.6.51, appendix A, table 1, 1.2(a)). Judge Coxhead formally commissioned this project on 31 July 2014 (Wai 1040, #2.3.11 – see appended). Approach and methodology Consultation with the parties The subject of appropriate consultation between parties and Tribunal staff arose in discussion between Ms Tuwhare and Mr Irwin over the focus of my OLC evidence. Initially, I proposed dealing with the limitations of the OLC spreadsheets in my evidence, later presented at the September 2013 hearing. Rachel Hogg then replaced Mr Irwin in continuing discussions with Ms Tuwhare and me in November and December 2013. I shared an abbreviated version of the draft report and the draft spreadsheet with Ms Hogg and Ms Tuwhare on 14 April 2014. 1 Te Paparahi o Te Raki inquiry (Wai 1040): Dr Barry Rigby, ‘Old land claims validation report’ 1 Oct 2014 Scope In the accompanying spreadsheet I have presented the original Crown figures alongside the result of the validation appraisal. I have found approximately 132 instances of unvalidated figures for surplus and scrip land. I have inserted approximately 23 claims missing from the Crown’s data. I have also extracted approximately 30 ‘half caste’ and additional claims from the Crown’s Pre-emption Waiver claims sheet (in which they do not belong). I did not consider pre-emption waiver claims (1050 to 1299). The pre-emption waiver claims are to be the subject of a separate exercise that will include consideration of pre-1865 Crown purchases.
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