A Report Commissioned by the Waitangi Tribunal for the Taranaki Claim (Wai 143) Concerning Kumara Kaiamo Pa and Associated Lands of Ngati Mutunga at Urenui by Brian Bargh December 1995 Any conclusions drawn or opinions expressed are tltose of tlte writer Introduction Ngati Mutunga are an iwi descended from the original inhabitants of the Urenui area who had merged with people who arrived on the Tokomaru waka in about 1350 AD.I Their tribal area is in northern Taranaki centred on Urenui (see Figure 1). Their grievance is that their land was confiscated in the 1860s by the Crown contrary to the Treaty ofWaitangi. They presented evidence to this effect to the Waitangi Tribunal in 1991 and had prepared a report at that time on their claim. Ngati Mutunga in their evidence raised the question of their pa at Urenui known as Kumara Kaiamo. They claim that this is an important wahl tapu and that it was confiscated by the Crown and never returned.2 The purpose of this report is to investigate claims made by Ngati Mutunga regarding Kumara Kaiamo pa in order that the Waitangi Tribunal can determine whether or not the Crown was in breach of Treaty principles with respect to the alienation of that land. The Waitangi Tribunal commission for this report is attached as Appendix I. The N gati Mutunga Claim Ngati Mutunga are joint claimants with other Taranaki hapu in Waitangi Tribunal claim Wai 143. Their claim is in essence that the Crown breached the Treaty ofWaitangi by firstly using the military to attack Taranaki Maori in order to obtain their land and later enacting the NZ Settlements Act 1863 which provided for the confiscation of land of any Maori who was deemed to be in rebellion. Thus, much of the Taranaki region was confiscated and although some land was returned to Maori, the Crown retained large areas and sold much of it to settlers. Urenui and Kumara Kaiamo Pa The Urenui river estuary is surrounded by steep sided hills that are reasonably flat on top which lent them to become sites for a number of pa. The steep sided coastal cliffs offered protection from enemies while the terraced tops provided areas for cultivation (see Photograph 1). Ngati Mutunga hold manawhenua in this area. They described the limits of their rohe in evidence to the Waitangi Tribunal on 17 October 1991 at Ruapekapeka marae, Urenui (see Figure 1). The Urenui river estuary contains numerous fish and shellfish species while the adjacent coastal forests contained birds and bush food. The environment provided excellent conditions for subsistence living for Ngati Mutunga. There are at least nine pa sites around the Urenui estuary providing evidence of intensive Maori occupation. 3 N gati Mutunga During 1822 to 1824, many Ngati Mutunga and members of other hapu in the vicinity of Urenui migrated to the Chatham Islands and other places to escape Waikato raiding parties. In about 1848, a number ofNgati Mutunga led by Wiremu Kingi returned to live at Urenuiy"l Others remained on the Chathams.4 The returned Ngati Mutunga subsisted through the!19S0s X. as they had always done. Contact with Pakeha immigrants gradually increased culminaiiug in Ngati Mutunga submission to the Waitangi Tribunal 17/10/1991, Wai 143 Doc.# FI8 (a) 2 Ngati Mutunga submission to the Waitangi Tribunal 17110/1991, Wai 143 Doc.# FI8 (a) 3 7l --- de Jardine ibid p53 4 See RDB 4 p1374, Evidence of Smith before Native Affairs Committee 1922 inquiry into petition of Jane Brown (Heni te Rau) 2 trouble to the south ofNgati Mutunga over land sales by Ngati Awa to the Crown. Ngati Mutunga claim not to have joined in the fighting against the government during the 1860 wars. 5 The Establishment of the Taranaki Militia An army of settlers was established in Taranaki (known as the Taranaki militia) shortly after inter-hapu feuding over land sales to Pakeha resulted in the killing of the Puketapu hapu leader Katatore. Katatore had entered into negotiations with the Crown for the sale of 40,000 acres in April 1857 despite opposition from his Ruanui allies.6 However, Ihaia ofNgati Awa had also made offers of land for sale (one block on the north bank of the Waitara river) but these had been blocked since May 1854 because Wiremu Kingi had claimed rights to this land as well and opposed its sale.7 These rivalries engendered bitter feelings between the leaders and in January 1858 Katatore was killed while returning home from discussions with Parris, the Land Commissioner.s According to reports he was killed on the orders ofIhaia. The settlers were alarmed and called for a militia to be established. The Provincial Council petitioned government to set up a militia.9 The government was quick to set up a militia in iO response and by early 1858 the militia had been established and were well armed. I I The government also issued a proclamation in 1858 to the effect that any Maori carrying weapons within the limits of a 'settlement' would be treated as if they were in arms against the Queen. 12 War in Taranaki War in Taranaki began on 17 March 1860 when British led forces began shelling a temporary fort erected by Wiremu Kingi of Waitara on land claimed to be under purchase by the Crown from another leader, Teira, who favoured the sale of some land to the Pakeha. Kingi opposed that sale. 13 Many Pakeha settlers withdrew to New Plymouth and there cowered under the belief that they could be attacked by either Kingi from the north or Ngati Ruanui from the south. Stockades were built for defence. Martial law was proclaimed in the town. 14 One of the first engagements with the Maori\forces surrounding New Plymouth was at Waireka. 15 Waireka was a gully five m(leSsouth-west of New Plymouth. In that area several settlers had been killed and so the Briti~h·stnt out a force from New Plymouth hoping to engage the Maori forces there in battle and protect the remaining settlers. Amongst the troops were 56 men of the Taranaki militia. The British troops and their settler supporters split into two with the settler militia marching along the beach and the British along a road to Ornata. The settlers were ambushed from hills above the beach. The British troops assisted them until dark when they had been ordered to retire to New Plymouth which they did, despite the fighting still continuing. Thus, the men of the settler militia were effectively left to fend for 5 RDB4p1386 6 Parris to McLean 27 August, 9 Sept. in AJHR 1861 C-l Nos. 48, 64, 71 and Taranaki Herald, 29 Aug 1857 7 McLean to Cooper 24/5/1854; Rogan to McLean, in AJHR 1861 C-l Nos. 43 & 55 8 Taranaki Herald 16/1/1858 9 Dalton BJ. War and Politics in New Zealand 1855-1870. Sydney University Press 1967. p73 10 See AJHR 1858 A-3A II Dalton ibid p 74 12 NZ Gazette 12/211858 13 See PPGB 1860 XLVII No.7 14 Ibid No.3 p337 15 Cowan James. The New Zealand Wars. Government Print, Wellington. Vol.1 p171-179 3 themselves. They were saved from destruction by a party of British sailors who attacked the Kaipopo pa where the Maori troops had been staying. This battle is significant for Kumara Kaiamo pa because one of the Taranaki militia was one CM Kyngdon who later became the owner of that N gati Mutunga pa. Taranaki Confiscations and Military Awards The first major Taranaki war, begun with the attack by government troops on Kingi, lasted about one year, ending in March 1861 when a peace was brokered by Wiremu Tamihana of Waikato between Hapurona and the Crown. 16 However, it was an uneasy peace because many Taranaki Maori (including Kingi) withdrew to the Waikato leaving the settlers with the impression that matters were not at an end. The Waitara land question remained to be settled and the settlers were insisting on reparations from Taranaki Maori for the loss of possessions in the war. 17 The government was determined to crush any further resistance to the spread of colonisation. IS It therefore enacted both the Suppression of Rebellion Act and the New Zealand Settlements Act in 1863. The former provided for trial by court martial of dissidents and the latter gave powers to the government to confiscate land of 'rebels'. Settlers were then to be established on the confiscated lands in order to deter Maori from any further opposition. The remaining land was to be sold off to recover the costs of the war. In addition, the New Zealand Loan Act authorised the government to borrow 3 million pounds for the recruitment and location of military settlers and development work on confiscated lands.I9 It may be too cynical to claim that the government had devised a grand scheme to 'cash in' on widespread Maori dissatisfaction at the way the government was managing colonisation. Maori anger and dissension would be used as the excuse to use the greater military force of the settlers to confiscate land and sell it to fund both the suppression of any continuing dissent and the development of 'captured' lands. Following the uneasy 'peace' in Taranaki reached in 1861, discontent simmered on both sides. Tensions still existed within Taranaki Maori over land sales to Pakeha while the settlers remained intent on obtaining as much land as possible for settlement. These tensions climaxed in May 1863 when nine British soldiers were killed at Oakura and there were reports ofNgati Maniapoto coming to the assistance of the Taranaki hapu to fight the government.