._.... .· · " ToFFltIAll - ~~---·--__ w ••~m . ",. w •• ~ •..•• !;;7:t~ '1;7 --- -· ··1 /;1Jcu .gq!L *'/J b3, Matahina Block A Report Commissioned by the Waitangi Tribunal for Wai 36/386, Wai 46, Wai 212, and Wai 726 by Philip Cleaver December 1999 Table of Contents Table of Contents 2 Table of Maps and List of Tables 5 Abbreviations 6 Author 6 Introduction 7 1. Traditional Use and Occupation of the Matahina Block 1.1 Introduction 9 1.2 Summary of the Available Evidence 14 2. Crown Purchasing Activities, 1876-1881 2.1 Introduction 17 2.2 The Operations of Land Purchase Officers Henry Mitchell and Charles Davis 17 2.3 Strategies for the Acquisition of Land: Leasing and the Use of Advances 18 2.4 Leasing and Negotiations for the Purchase of the Matahina Block 19 2.5 Summary 22 3. Title Investigation of the Matahina Block 6 September 1881 - 21 September 1881 3.1 The Claimants and Counter-Claimants 23 3.2 The Case of Patuheuheu 25 3.3 The Case ofNgati Rangitihi 28 3.4 The Case ofNgati Hamua 31 3.5 The Case ofNgati Hinewai 34 3.6 The Case ofNgati Awa 36 3.7 The Court's Judgement 45 4. Between the Title Investigation and Rehearing, 1881 - 1884 4.1 Attempt by the Crown to Defme its Interest in the Matahina Block 47 4.2 Events Leading to the Rehearing of the Matahina Title Investigation 49 4.3 Summary 51 5. Rehearing of the Matahina Block Title Investigation 31 January 1881 - 18 February 1884 5.1 The Claimants and Counter-Claimants 52 5.2 The Case ofNgati Haka, Ngati Manawa, and Ngati Hamua 54 5.3 The Case ofNgati Rangitihi 56 5.4 The Case of Hakaraia and Mihi Peka, Presented by Wi Hapi 57 5.5 The Case ofNgati Awa 58 5.6 The Court's Judgement 61 2 6. The Division of the Matahina Block and the Taking of Matahina A6 for Survey and Other Costs 6.1 The Division of the Matahina Block 62 6.2 The Taking of Matahina A6 for Survey and Other Costs 64 6.3 Summary 66 7. Survey Charging Orders and the Partition of Matahina A1, 1891 7.1 The Survey of the Matahina Block Subdivisions, 1885 68 7.2 The Ordering of Survey Charging Orders, 1891 68 7.3 The Partition of Matahina AI, 1891 68 7.4 Negotiations for the Private Purchase of the Matahina Block, 1882-1883 71 7.5 Summary 73 8. The Taking of Land for Survey Charges from Matahina B, C, C1, and D, 1907 8.1 The Crown's Acquisition of Mitchell's Survey Charges 74 8.2 The Cutting Out of the Crown's Interest, 1907 74 8.3 Appeal by the Owners of Matahina D, 1909 77 8.4 Discussion 78 8.5 Summary 81 9. Crown's Attempted Purchase of Matahina A1D, A2, A3, and D2, 1912 9.1 The Native Land Act 1909 83 9.2 Offer of Sale to Crown 84 9.3 Cancellation of Partitions of Matahina AID, A3, and B 85 9.4 Meeting of Owners to Consider the Crown's Offer, 1912 86 9.5 Summary 87 10. The Sale of Matahina A2, A3, and Part A1D to Private Interests 10.1 Meetings of Owners, July 1914 88 10.2 Partition of Matahina A3, November 1914 91 10.3 Delay in the Purchase Payments for Matahina A2, A3, and part AID 91 10.4 Inquiry into the Purchase of the Matahina Blocks 93 10.5 Transfer of Part Matahina AID to William Elwarth, December 1923 97 10.6 Lease of 31 acres of Matahina A ID to Elwarth, 1926 98 10.7 Transfer of Matahina A2 to Arthur Galbraith, December 1923 99 10.8 Purchase of Matahina A3B by George Syme Jnr, and George Syme and Co Ltd, 1925 99 10.9 Summary 102 11. Sale of 22,000 acres of Matahina A1D to Kotahi Lands Limited, 1927 11.1 Introduction 104 11.2 Sale to Kotahi Lands Limited 104 12. Transactions Affecting the Remaining Ngati Awa Portions of Matahina A1D, 1936-1967 12.1 Lease of Part Matahina AID to WC Davies, 1936 106 12.2 Renewal of Lease to HF Black, 1957 106 12.3 Sale of Timber Cutting Rights for Part Matahina AID to Kauri Timber Company Limited, 1961 107 3 12.4 Partition of Remaining Ngati Awa Holdings in Matahina A lD, 1966 111 12.5 Inclusion of Matahina AID2 and D2 in the Tarawera Forest Project, and the Subsequent Sale ofTarawera 1 to Tasman Forests Limited, 1968 111 12.6 Summary 111 13. Sale of Matahina A3A to Whakatane Board Mills, 1969, and Sale of Timber Cutting Rights to Uepango Sawmilling Company, 1949 13.1 Early Attempts to Purchase Land and Timber Cutting Rights 113 13.2 Sale of Timber Cutting Rights to the Uepango Sawmilling Company Limited, 1949 113 13.3 Sale of Matahina A3A to Whakatane Board Mills, 1969 116 13.4 Remaining Ngati Awa Land 118 13.5 Summary 118 14. Te Whaiti Paora's Campaign to Adjust the Southern Boundary of Matahina B 14.1 Introduction 120 14.2 Early Correspondence Relating to Te Whaiti Paora's Complaint 120 14.3 Te Whaiti Paora's Objection Before the Court 121 14.4 Te Whaiti Paora's Petitions, 1918 and 1920 123 14.5 Summary 124 15. Sale of 587 acres of Matahina B2 to Edgecumbe Forests Limited, 1931, and Partition of Remaining 400 acres, 1932 15.1 Sale to Edgecumbe Forests Limited, 1931 125 15.2 Partition of Remaining Ngati Hamua Portion of Matahina B2, 1932 128 15.3 Summary 128 16. Transactions Affecting Matahina B2A, B2B, and B2C 16.1 Lease of Matahina B2A to William Clement Davies, 1936 129 16.2 Lease of Matahina B2C to William Clement Davies, 1936 129 16.3 Lease of Matahina B2B to William Clement Davies, 1938 132 16.4 Renewal of Lease of Matahina B2C to Hubert Francis Back, 1957 132 16.5 Sale of Matahina B2A to Whakatane Board Mills Limited, 1966 133 16.6 Sale of Matahina B2B to Whakatane Board Mills Limited, 1967 134 16.7 Remaining Ngati Hamua Land 134 16.8 Summary 134 17. Matahina C South and Matahina CIB 17.1 Inclusion of Matahina C South and Matahina C 1B into the Ruatoki Development Scheme, 1932 135 17.2 Subsequent History of Matahina C South and Matahina C 1B 136 17.3 Summary 137 18. Present Ownership of the Matahina Block 138 Conclusion 139 Bibliography 144 4 Maps Map 1: Location of the Matahina Block 10 Map 2: Sketch of Locations within the Matahina Block 12 Map 3: Portions of the Matahina Block Claimed by Counter-Claimants, 1881 24 Map 4: Portions of the Matahina Block Claimed by Counter-Claimants, 1884 53 Map 5: Subdivisions of the Matahina Block (resulting from 1884 rehearing) 63 Map 6: Partitions of Matahina Al 69 Map 7: Land Taken by Crown for Survey Costs, 1907 76 Map 8: Matahina A3A and Matahina A3B 90 Map 9: Transactions Affecting Matahina AID 105 Map 10: Matahina B2 (portion sold in 1931 and partitions of 1932) 126 Map 11: Present Ownership of the Matahina Block 138 Tables Table 1: Subdivisions of Matahina Block Following the Rehearing of the 62 Title Investigation Table 2: Advances to Ngati Awa for Matahina Block, 1873-1881 65 Table 3: Survey Costs Charged Against Subdivisions of the Matahina 68 Block, 1891 Table 4: Crown's Application Details for Recovery of Survey Costs from 75 Matahina Blocks Table 5: Mitchell's Valuations of Matahina Blocks, 1910 84 Table 6 Prices Offered by Crown for Matahina Blocks, 1912 86 Table 7 Summary of Petitions, Sales, Leases, and Major Takings of 140 Matahina Subdivisions Table 8 Proportion of Owners Present or Represented at Meetings where 141 Owners Resolved to Sell Land, and Proportion of Shares Held by Owners in Favour of Resolution 5 Abbreviations Appendices to the Journals ofthe House of Representatives AJHR Certificate of Title CT Block Order file BOF Land Information New Zealand LINZ Maori Land Court Plan number ML National Archives NA Waiariki District Maori Land Board WDMLB Waiariki District Maori Land Court WDMLC Waiariki District Native Land Court WDNLC Waitangi Tribunal claim number Wai Author My name is Philip Cleaver. I graduated from Victoria University in 1996 with a Masters of Arts, majoring in history. I have been employed by the Tribunal as a commissioned researcher since February 1999. 6 Introduction There are four claims which concern the Matahlna block: (1) Wai 36/386: Tuhoe-Waikaremoana Maori Trust Board (2) Wai 46: Ngati Awa Trust Board (3) Wai 212: Te Runanganui 0 te Ika Whenua (4) Wai 726: Ngati Haka - Patuheuheu claimants Several reports have already been written on different aspects of the history of the Matahina block, and this evidence has been heard by the Tribunal for the Wai 46 enquiry. Tony Walzl and Jeremy Gardiner explore the history of the block up until the 1920s, focusing primarily on the area of the block which was awarded to Ngati Awa. 1 Wiremu Doherty examines the traditional history of Matahina C and C 1, the portion of the block which was awarded to Patuheuheu and Ngati Haka.2 TR Nikora, Marian Porima, Kathy Ertel, and H Martin examine the history of Matahina C and Cl from the time of the first title investigation of the Matahina block in 1881.3 They focus largely on the taking of land for survey charges in 1907. Their conclusions relating to the 1907 taking are contested in a report prepared by John Battersby.4 John Third and L Harvey examine the Tarawera Forest Project.5 Two Maori owned subdivisions of the Matahina block, AID2 and D2, were among the blocks which were amalgamated to form Tarawera 1 in 1966.