j L N\~ ( L i I I I I L, I \ ( ':~ I' 1, .1 ) ri TITLE HISTORIES OF THE NATIVE RESERVES I ; MADE IN THE BELL BLOCK, TARURUTANGI, I I I. HUA, COOKE • S FAlUl AND WAIWAKAIHO PURCHASES IN TARANAKI 1848 -1859 ! I I L. !L \ , Li/' \ )Ii .1 Report for the Waitangi Tribunal. I) J , I 1J ; I I I Li { I I \ J Aroha Harris November' 1991 'Ij . I 1--· 1 i 1.1 Ir \. ,f' I Li , I CONTENTS page 1. Introduction: i 1.1 summary. i 1.2 issues and matters for further research. ii 1.3 sources. iv 1.4 terminology and abbreviations. v 1.5 schedules and map showing reserves and purchases. vi 2. Reserves made in the Bell Block purchase. 1 3. Reserves made in the Tarurutangi purchase. 5 4. Reserves made in the Hua purchase. 6 . I 5. Reserves made in the purchase of Cooke's Farm. 18 IJ 6. Reserves made in the Waiwakaiho purchase. 19 I \ I ) 7 ~ Te Puia Native Reserve. 49 9. Schedules of reserves and alienations. 51 10. Bibliography 56 lr 1) i I); I I I u I I LI ! ! I II I. I i i 1. INTRODUCTION The aim of this report is to provide a title history for each of the reserves made in the purchases of the Bell, Tarurutangi, Hua, Cooke's Farm and Waiwakaiho blocks in Taranaki 1848 - 1859, and to highlight the extent of alienation of land from those reserves. This report ought to be read in association with 'Title Histories of the Native Reserves made in the Fitzroy, Ornata and Grey Purchases in Taranaki, 1844-1847' a Waitangi Tribunal , \ report by Janine Ford. Both reports were researched together and both are about native reserves made in the early purchases of lands from the Atiawa tribe. The basic difference between the two is that each report examines reserves made in a different group of purchases. Ford also deals with government policy surrounding the administration of native reserves and the Native Reserves Act 1856, its amendments and accompanying legislation. 1 I \ The body of this report outlines the history of each reserve, I . either up to the point of alienation or to date for those few areas that remain in Maori ownership, that is, Maori freehold land or land owned by Parininihi ki Waitotara Incorporated (PKW) • The bulk of the information contained in this report has been extracted from the records of the Land Registry Office, New Plymouth and the Maori Land Court, Wanganui. 1. 1 Summar:y Combined, the Bell, Tarurutangi, Hua, Cooke's Farm and '. \ Waiwakaiho purchases contained an estimated area of I I ! ) 44 570 acres. Of that, 27 reserves were made comprising a total of 3 139 acres 1 rood and 4 perches, representing , i approximately 7.04% of the total area purchased. \.1 The area reserved varied significantly from purchase to purchase. From the Tarurutangi purchase of 14 000 acres less than 0.1% was reserved. Per acre, the Waiwakaiho purchase had the greatest area reserved, some 17.75% of the estimated 15 000 acres purchased. The history of each reserve generally follows a similar pattern. All but four reserves escaped alienation under' the Native Reserves Act 1856 and its amendments, and were ( I investigated by the Native Land Court for the purpose of \ I determining ownership. Many years passed, in fact up to eighteen years, between the time of the court's investigation ! \ and the eventual issue of certificate of title. Alienations I J 1 Ford, J Title Histories of the Native Reserves made in the Fitzroy, Ornata and Grey Purchases in Taranaki, 1844- 1847 waitangi Tribunal report, 1991. ii during that period were not uncommon. By 1900, some 669 acres (approximately 22%) had been alienated from the total area originally reserved. Between 1900 and I I 1905 title to all remaining reserves and parts of reserves had vested in the Public Trustee, and were thus brought under the operation of the West Coast Settlement Reserves legislation. In 1921 title to those reserves that had survived the West Coast Settlement Reserve administration transmitted to the Native Trustee. In 1976, title transmitted to PKW who currently administer the remaining reserves. I I Alienations from the reserves occurred steadily throughout time although some methods and purposes of alienation are more prominent than others in that they recur more often and alienate greater areas of land. Alienations prior to 1900 consisted mainly of sales and grants by the Native Reserves Commissioners under the Native Reserves legislation, the exercise of the power of sale in mortgages, and private conveyances and transfers. Several pre 1900 transfers were validated at a later date under the Reserves and Other Lands Disposal Enabling and Public bodies Empowering Act 1901. Almost a third (31-32%) of the total area alienated was alienated to the Crown under the Native Land Act 1909, mostly I during the 1920s. Less than 1% was alienated to the Crown j under the Maori Affairs Act 1953. A further 20-21% consisted of sales by the Maori Trustee, and about 1.5% were sales under the Maori Reserved Land Act 1955. The majority of those alienations, and in particular those under the Native Land Act 1909, ultimately assisted the lessees by securing to them the freehold in leasehold land. Approximately 7.2% of all alienations were for the purpose of Public Works. Almost 4% were due to change of status to European (General) land under the Maori Affairs Act 1953 or its amendment 1967. More than 8% of alienations were confirmed or consented to by r I the Aotea District Maori Land Board. The full details of \. I those alienations are not reported here except to say when they occurred and for what consideration. However the detail ought to be accessible through the'records of the land board, now held by the Maori Land Court. Of the total area originally reserved, at least 90% has since I been alienated. Less than 10% currently remains as either .1 Maori land or land owned by PKW. ( \ 1.2 Issues and Hatters for Further Research L ... .1 Although largely a narration of numerous title histories, this report reveals large scale alienation of Maori land originally reserved for the benefit of the Maori owners. Clearly the '" iii method, the legislation and the nature of alienation, and Crown actions that facilitated and promoted alienation, now require attention. Having completed the report, a number of issues and matters for further research are now raised. The following suggestions are likely to be most useful: 1.2.1 Analysis of legislative policy and practice Throughout the report it becomes apparent that the following legislative acts assisted the alienation of native reserves. z \1, The majority of these acts apply to the alienation of Maori land generally: i Native Reserves Act 1856, and amendment 1862. I r Native Land Act 1866. Native Reserves Act 1882. West Coast Settlement Reserves Act 1892 and amendments. Reserves and Other Lands Sale Disposal and Enabling and Public Bodies Empowering Act 1901. Native Land Act 1909 and amendment 1914. Public Works Acts 1894, 1905, 1908 and 1928. f I Scenery Preservation Act 1903 and amendment 1906. Maori Affairs Act 1953. Maori Reserved Land Act 1955. Maori Affairs Amendment Act 1967 Part I. Some analysiS describing the legislative facility to alienate land, the harmful effects of alienation on Maori landowners, and whether or not it was and is compatible with the principles of the Treaty of Waitangi may now be required. 1\ Some of the acts listed, like the Public Works acts and the 1967 act, have in the past already received adverse criticism from Maori. Some specific legal questions are immediately apparent as a result of research for this report. For example, before the establishment of the Native Land Court and for the purposes of I the Native Reserves acts and their administration, how were the 'rightful' owners determined? What happened if, when the ! court determined ownership, the owners differed from those L previously determined under the Native Reserves regime? 1.2.2 Maori Land Court practice regarding reserves \I I' '_ .1 Several questions that arise are directly concerned with the Native Land Court. When the court investigated title to the II native reserves, it issued an order 'that a grant be made by I I the Crown for an estate in fee simple ... to the person(s) ~ ,j 2 ibid. See 2.3 for description of Native Reserves legislation. I t ) ( iv adjudged owners ••. ' What is the status of that court order between the time that it releases and the time of the issue of the 'grant by the Crown'? In a few cases, the order became the provisional title in the District Land Registry. However, in all the other cases, does the order represent title until the certificate of title issues? Yet to be explained is the practice of succeeding to 'compensation only' after the land has been alienated. This occurred in .two instances. Although alienation occurred in 1893 and 1902, succession to compensation continued up until 1964 and 1957 respectively. r 1.2.3 Analysis of the role of the Public Trustee With regard to Native Reserve B or Raupiu, clarification of the Public Trustee's authority to lease land it does not hold \ .J title to is required. The practice of commissioners acting as judges of the Native Land Court needs to be explained also. 1\ 1.2.4 Effect of West Coast Settlement Reserves administration Together with the legislative analysis, Crown action and policy throughout the administration of the native reserves ought to be discussed.