Wai 38, D001.Pdf
Total Page：16
File Type：pdf, Size：1020Kb
All document (doc) references, unless otherwise stated, are Wai-38 document references. AJHR Appendices to the Journals of the House of Representatives ATL Alexander Turnbull Library DOC Department of Conservation DOSLI Department of Survey and Land Information, Wellington DOSLIA Department of Survey and Land Information, Auckland HKMB Hokianga Minute Book MLC Maori Land Court, Whangarei NA National Archives, Wellington NAA National Archives, Auckland NMB Northern Minute Book NZG New Zealand Government Gazette CONTENTS PAGE 1.0 THE CLAIM 1 1.1 Background 1 1.2 The Claim 1 1.3 This Report 2 1.4 The Land 3 2.0 HISTORICAL BACKGROUND 6 3.0 EVENTS PRIOR TO 1887 8 3.1 The Wairau and Waimamaku Block Titles 8 3.2 The Negotiations 9 3.3 The Survey of Waimamaku 2 10 3.4 The Waimamaku 2 Court Hearing 13 3.5 The Waimamaku 2 Plans 14 3.6 The Sale of Waimamaku 2 16 3.7 The Southern Wairau Sale 16 4.0 EVENTS AFTER 1887 18 4.1 The Canterbury Settlement 18 4.2 Maori Protest 20 4.3 The Kohekohe Coffins 25 4.4 The Protest Continues 29 4.5 The Origins of the Other Coffins 32 4.6 The Next Generation 34 4.7 Recent Developments 38 5.0 OTHER RESERVES 39 5.1 Taraire 39 5.2 Te Moho 40 5.3 Te Ninihi 41 5.4 Kaiparaheka 41 5.5 Wairau wahitapu 42 5.6 Kukutaiapa 44 6.0 BIBLIOGRAPHY 45 7.0 FOOTNOTES 47 FIGURE ONE: Sketch Map of Waimamaku 2 and Wairau Blocks as Shown on ML 3278A (Kensington's Plan) With Names of Adjacent Blocks 4 FIGURE TWO: Sketch Map Showing Waimamaku Wahitapu and Kaharau Based on Plan ML 3278 (Wilson'S Plan) 5 TABLE ONE: Schedules of Land Purchased 11 - 1 - 1. THE CLAIM The Wai-38 Claim is concerned with a variety of land and resource management issues relating to the area between Waimamaku and Kaihu. This is the territory of Te Roroa. The Waimamaku aspect of the Claim, outlined in this report, arises from the Crown purchase of the Waimamaku 2 and Southern Wairau Blocks and the alleged failure to set apart land for Maori and subsequently protect wahitapu and the taonga contained there. The area involved consists of a number of land blocks including Waimamaku 1 and 2, Southern and Northern Wairau, Kahumaku, Te Waihanga, Te Pure and other smaller blocks. Historically several hapu have occupied this land and the Land Court recognised the rights of Ngatipou, Ngati Ue and Ngaitu as well as Te Roroa. Many Te Roroa have strong links with these and other Ngapuhi hapu as well as to Ngatiwhatua through Waipoua and Kaihu. When Waimamaku was sold to the Crown in 1875 the Maori allege that their elders pointed out the boundaries of an area called Kaharau which was to be reserved with the specific intention of protecting the wahitapu contained thereon. From 1887 when land at Waimamaku was first subdivided for Pakeha settlement the Maori have protested strongly that they never sold Kaharau and they have claimed ever since that this area of land was taken by the Crown. The Crown has in the past consistently denied the Maori claim, but has also usually agreed to reserve some of the wahitapu. For a variety of reasons this has not been achieved. Today there are several Maori Reserves and some wahitapu in Crown title in the Waimamaku valley but most of the areas where the wahitapu are situated are now in private ownership. Another aspect of the Waimamaku part of the Wai-38 claim is that insufficient land was reserved for Maori use by the Crown. Further particulars regarding this aspect of the claim have not been provided, consequently the issue has not been researched by Tribunal staff. Some information, however, has been collected regarding Maori land ownership within Waimamaku and it is envisaged that a document be compiled by Tribunal staff at a later date. 1.2 The Claim The first notice of a Claim relating to Waimamaku was received by the Waitangi Tribunal in May 1989, adding to the original Te Roroa Claim received by the Tribunal on 10 November 1986 (doc A13:2-3). Grievances identified within the latest statement of claim regarding the Waimamaku area and related issues are as follows - 2 - 38. The failure to adequately protect urupa and other wahi tapu in the area in particular the places known as __ P :L!'H~kaWBkB_' Kob~k9h~ .. tl1\l:t:'ll),~\lk'l:l.!:~lEPCl, ParahekClc~fJ:1~ Moho, Wairau, Te Minihi. 39. The removal and the failure to return taonga taken from Wahi tapu and held in various collections, in particular the Spencer Collectioni 40. Generally, the Act, policies, practices and omissions of the Crown and its agents in effecting the loss of Te Roroa lands in the Maungamui [sic] area, and its failure to ensure that sufficient lands remain for the needs of the Te Roroa hapu of Waimamaku particulars of which will be provided in due course. It became apparent during this research that the primary historical issue at Waimamaku concerned Kaharau, an area of land of over 1,400 acres which was not reserved. The area included a number of tapu burial grounds as well as other places of past use (gardens, pa, kainga and so on). Carved coffins and human remains kept in burial caves there have been removed. The Claimants believe that a set of coffins known as the Spencer collection was stolen from this vicinity and sold to the Colonial Museum. Another set, removed more openly from Kaharau, was placed in Trusteeship of the Minister of Native Affairs and is held at the Auckland Museum and Institute. Recently the Trusteeship of the latter coffins was returned by the Minister to Hokianga tribes at Waimamaku and they are not ;' specifically included in the Claim. The Claim includes wahitapu both within and outside of Kaharaui those named within include Piwakawaka, Kohekohe (Muru), Kukutaiapa and Te Moho. Others named Paraheka (Kaiparaheka), Wairau Wahitapu and Te Ninihi are located outside Kaharau. 1.3 This Report This report gives a brief historical background to the Waimamaku aspects of the claim; the background to the land purchases including what is known about the negotiations, surveys, and the sales; the areas identified as wahitapu and their subsequent history and what is known about the history of taonga removal from the wahitapu. Emphasis is given to Kaharau. This is the fourth preliminary report by Waitangi Tribunal Staff on the Te Roroa Claim, Wai-38. The first report looked in detail at the 1876 sale of Waipoua and Maunganui and the subsequent events concerning the Maori Reserves of Manuwhetai and Whangaiariki (doc AI3). It also included a summary of the general history of the area and background to Government policy and its implementation of the time. A shorter report provided background and looked at the issues concerning land and resource management at the Taharoa Lakes (doc A9). The third report provided some historical and contemporary background to post-1876 Waipoua issues concerning land alienation and various related resource management issues (doc Bl). - 3 - As with the previous preliminary reports on the Wai-38 Claim this report has mainly drawn from official sources and is intended to show what official record there is about the craTm~·· Crown involvement at Waimamakunas beenIai:geIy·tfi.i:ougfi~ the Department of Lands and Survey, Maori Affairs, Maori Land Court and Legislative Department (who deal with petitions). Most of the records of these Departments are now held in National Archives in Wellington and Auckland. Other records are held by the Department of Land and Survey Information, in Auckland and Wellington, at the National Museum in Wellington, by the Maori Land Court in Whangarei and Department of Conservation at Kaikohe and Waipoua. The help of all these agencies is acknowledged. Many of the early documents, particularly correspondence, have not been located. A more exhaustive search may produce further evidence. This draft was researched and written by Michael Taylor under contract to the Waitangi Tribunal, assisted and edited by Rosemary Daamen, the Acting Research Officer for this claim. The report is chronological but has been divided into five major sections. This introduction provides some brief introduction to the Claim and to this report. The second section provides a brief historical introduction to Waimamaku. The third section details the transactions leading to the alienation of the land. The fourth details the protests over the loss of the land and outlines what is known about the removal of taonga and koiwi,and the final section briefly reviews what is known about other wahitapu in the Claim. Two sketch maps are also provided to show the block boundaries and to identify areas mentioned in the text (see figures 1 and 2). 1.4 The Land Waimamaku is a wide valley of farmed land enclosed by bush covered hills located just south of the Hokianga Harbour. It has a long Maori history as a place of value with its warm climate, fertile soil and abundant sea and bush resources. Old pa, kainga and wahitapu are still known and provide a visible reminder of the history of occupation. Archaeological records provide some indication of past places but as no intensive identification of sites by archaeologists has taken place most remain unrecorded (doc B18:97-100i Atwell, Puch and Lawn 1973). The land involved in the Claim consists of the Waimamaku, Kahumaku and the Wairau Blocks. Cut out from the Wairau block are two wahitapu: Te Waihanga, an old burial ground and pa (doc 03:124-5)1 and the Wairau Wahitapu which contains burial grounds.