The Hauraki Tribal Lands

THE HAURAKI TREATY CLAIMS

VOLUME 8

PART 2

Hauraki Maori Trust Board

MAP I: HAURAKI REGION

The Hauraki Tribal Lands

DAVID ALEXANDER

PART 2:
Mercury Bay District
Tairua & Whangamata District
Thames & Hikutaia District

HAURAKI MAORI TRUST BOARD

1997

First published in 1997 by
Hauraki Maori Trust Board
PO Box 33, Paeroa
Aotearoa New Zealand

ISBN 1-87198-10-2
© Hauraki Maori Trust Board

This report was commissioned by the Hauraki Maori Trust Board
as part of its Waitangi Tribunal Claim research programme.
Any views expressed and conclusions drawn are those of the author.

All rights reserved.
No part of this publication may be reproduced,
stored in a retrieval system, or transmitted in any form or by any means,
electronic, mechanical, including photocopying, recording or otherwise,
without the prior permission of the publisher.

Typeset by Wordset Enterprises Limited, Wellington
Printed by GP Print, Wellington, New Zealand

FOREWORD

The Hauraki Treaty Claims project has examined the nature and extent of the interaction of Maori with the Crown in the Hauraki tribal territory during the nineteenth and twentieth centuries. The claims, together with the research and supporting evidence are set out in eleven volumes. These are presented to the Waitangi Tribunal to support the Hauraki case.

The history of colonisation in Hauraki—the deliberate policies of the Crown leading to the social and economic deprivation endured by those who have gone before us and their years of responsible protest—has not been told before. These volumes, the foundation of the Hauraki case, will forever rewrite our nation's history books, contributing, only now, a Maori perspective to the history of this region.

We began this project four years ago with a multi-disciplinary team approach. Mr Alexander was part of this team, examining particularly the history of land titles and the alienation of Maori land.

Mr Alexander's The Hauraki Tribal Lands, Parts 1-4, provides a detailed analysis of the dealings relating to the original Maori land blocks. This involved over 700 parcels of land and most of the tribal territory. The focus has been on those initial transactions involving the Crown and private individuals. When so many individual block histories are collected together, one can see the pattern of Crown activity that emerges over the past one hundred and fifty years resulting in one of the worst cases of Maori landlessness in New Zealand. At present approximately 2.6% of the Hauraki tribal territory is Maori land.

The Hauraki Treaty Claims are a consequence of the Crown's actions after it signed the Treaty of Waitangi. Mr Alexander's report will significantly support the Hauraki case in the debate that will inevitably surround the Hauraki claims. I take this opportunity to thank Mr Alexander for his contribution to this project.

No reira, noho ora koutou.

T J McEnteer

Claims Manager

Hauraki Maori Trust Board

III

CONTENTS

Foreword   III

Preface   IX

Hauraki Region Districts   XI

Hauraki Region Map   XII

Mercury Bay District

Thames & Hikutaia District

VI

Contents

Karaka North & South   197

Kauaeranga (see Thames Foreshore)

Komata North   202

Komata North 1   204

Mangakirikiri 1   210

Mangakirikiri 2   213

Mangakirikiri 3   216

Mangakirikiri 4   221

Mangarehu & Mangarehu East   222

Manginahae   226

Mangotahi   229

Moanataiari (see Thames Foreshore)

Ngaromaki   230

Nokenoke (see Thames Foreshore)

Ohuka   236

Omahu West   237

Te Onetai   245

Opango   248

Opitomoko & Kuranui   250

Owhao   256

Owhataroa   257

Pakaraka   264

Pakirarahi   265

Parareka 2   267

Pukehange   272

Pukehinau   274

Pukehinau 2 (see Thames Foreshore)

Rangiriri (see Thames Foreshore)

Rangitoto   279

Rapaatikiato   280

Te Reureu   282

Ruapekapeka   283

Section I Block I Ohinemuri Survey

Distict (see Hikutaia)

Tanutanu   285

Taparahi 2 & 3   286

Tapuae (see Thames Foreshore)

Tapuae Ouenuku (see Thames Foreshore)

Thames Foreshore   299

Thames Waterworks   306

Waiotahi A   310t

Waiu   318

Waiwhakaurunga   320

Waiwhariki   324

Waokauri   326

Whakaharatau (see Thames Foreshore)

VII

PREFACE

My name is David James Alexander. I am an environmental and planning consultant based in Christchurch. I have a B.A. (Hons) degree in Geography and a M.Sc. degree in Conservation, and am a Member of the New Zealand Planning Institute.

For twelve years (1975-1987) I was a planner with the Department of Lands and Survey, closely involved in land title and land use issues. With the restructuring of that Department, I became a planner with the Department of Conservation, before then setting up my own consultancy. While a full-time employee of the Crown, I worked in Canterbury and Taranaki.

During the last nine years I have researched and presented evidence to the Waitangi Tribunal relating to land titles history and associated matters concerning the Ngai Tahu, Pouakani, Ngati Rangiteaorere, Te Roroa, Mohaka River, Te Ika Whenua, Turangi Township (Ngati Turangitukua), Ngati Makino and Ngati Pahauwera claims.

This report is one of a series of four reports on the lands of the Hauraki tribes. It examines in particular the various dealings that the Crown had with the blocks. Where the Crown purchased a block at an early stage, the history is fairly straightforward. Where, however, the Crown purchased a block at a later stage, or only purchased part of a block, there are aspects of the block's history which are not included or are only summarised, in order to maintain the focus on the Crown's actions.

At a late stage in the research, the Hauraki Maori Trust Board, which initially commissioned the work, received funding from the Waitangi Tribunal to expand the original brief and include purchases by the Crown in the zoth Century, and purchases by private individuals. This additional research has been incorporated in the reports, in a reasonably comprehensive way with respect to Crown purchases, and to a lesser extent with respect to private purchases.

A consequence of the principal focus of the research, and the time and level of funding available, is that some blocks have not been researched at all (7% of total area), or are covered at only a very superficial level. These tend to be smaller blocks in more closely settled areas, which were often subject to purchase by private individuals.

The intention of this report has been to provide a history of the various dealings with the block, rather than a history of those persons, their successors and their families, who were appointed as owners of the blocks. The subject of the research has been the land rather than the people.

In preparing this report Government and Maori Land Court sources were relied upon. Hauraki tribal sources were not used, on the basis that the people are better able to present their history direct to the Waitangi Tribunal themselves.

For convenience in presenting the research, the Hauraki tribal territory has been split into eleven districts which are contained in the four parts to this volume. The boundaries of these districts are arbitrary ones based on geography rather than on iwi or hapu territorial boundaries (see Hauraki Region Districts map). No significance should be read into the district boundaries that have been used.

IX

In most cases, small illustrative maps have been included in the text to locate the block under discussion. The constraints on the mapping project for this work meant that for complete map accuracy and precision, the original Maori land plans should be referred to. These original plans are referenced in the footnotes. Large display maps for the whole Hauraki tribal territory are available to identify all the land blocks that were researched. A series of maps showing land alienation at various points through the 19th and 20th centuries are contained in Volumes Four and Six.

HAURAKI REGION DISTRICTS

XI

Mercury Bay District

This district covers the eastern side of the Coromandel Peninsula known as Mercury Bay. Its northern boundary is at the northern end of Buffalo Beach (the northern shores of Mercury Bay were regarded as part of the Kuaotunu

and associated blocks), while its southern boundary is just north of Tairua.

Blocks in this district that have not been researched are primarily those around Whitianga and Coroglen (known last century as Gumtown).

THE HAURAKI TRIBAL LANDS-PART 2

2

AHIRAU

CREATED   5 December 1877

Coromandel Minute Book 3 page 36

AREA   203 acres

PLAN   Hamilton Maori Land plan 3686-71

OWNERS   Repiu Tokata solely

CERTIFICATE OF TITLE (Hamilton Land Registry) 29/235

PURCHASED BY   Benjamin Gilmer

DATE   18 July 1878

PURCHASE PRICE   £56

TRANSFER DOCUMENT

(Hamilton Land Registry) None located2

The Court in August 1881 determined that the block was held in freehold tenure by Gilmer.3 Gilmer transferred the block to the Mercury Bay Sawmill Company Limited, which later became part of the Kauri Timber Company Limited.

I   Supporting Papers #N148.

2   Purchase referred to in AJHR, 1883, G-6, page 6. Supporting Papers #U15.3.

3 Order of the Court, 23 August 1881. Maori Land Court Hamilton Block Orders file C192.

3

AREROWHERO

AREA   313 acres

OWNERS   Enoka Puna Te Raupo and Maihi Te Hinaki

PURCHASED BY   William Meikle

DATE   19 August 1873

PURCHASE PRICE   £8o

The two owners signed a statement to the Trust Commissioner that they had sold the block to Meikle.1

1 Statement by Enoka Puna Te Raupo and Maihi Te Hinaki, 19 August 1873. Papers for Application 1873/145. Trust Commissioner Auckland's 1873 Papers. Suppporting Papers #M1.55-65 at 59-60 and 61.

4

TE HOHO

This block was one of the early surveyed blocks, though the surveyor and the date of survey are not known.1 The plan shows the block to have an area of 328 acres.

The block is believed to have been acquired by the Crown, but no record of the purchase has been located during the research for this evidence.

Orua Block

An Orua block was purchased by the Crown in June 1858 for £300 from Ngati Paoa.2 Donald McLean was the Crown's purchase officer. The description of the boundaries in the deed suggest that the land purchased was within what were later known as the Te Puia and Te Hoho Blocks.

1 Hamilton Maori Land plan 1K. Supporting Papers #N269.

2 Turton's Deeds, Deed 293, pages 361-362. Supporting Papers #T2.3-4.

5

HUHURAHI

CREATED II March 1886

Coromandel Minute Book 3 pages 456-457 and 459

AREA   230 acres

PLAN   Hamilton Maori Land plan 566o

Investigation of Title

Application to have title to Huhurahi investigated was made by Mita Arama Whakatau, Mere Tekiriwaitai and Rikihana Whakatau of Ngati Parekaiata in August 1883.1 A second application to have title to Huhurahi investigated was made by Rina Rerewaka, Rahera Tanui, Erana Te Onerere, Ereatara Tinirau and Wiremu Te Huia of Ngati Parekaiata and Ngati Hei in November 1885.2

At a hearing in March 1886, Huhurahi was awarded to 14 owners, two of whom (Rahera Whakatau and Mita Whakatau) owned one quarter each of the block. A third quarter was owned by three persons (the first three names on the 1885 application for investigation of title), and the last quarter was owned by the other 9 persons, who were all of the Kingi family.3

Award of Huhurahi 1 to the Crown

In July 1895 the Chief Surveyor obtained a survey charging order for £13-10-8d against the block.4 When this lien was not repaid by August 1906, the Chief Surveyor applied to have a portion of the block to the value of the lien awarded to the Crown.5

The application was heard in August 1907, when the Crown representative explained that Huhurahi had a Government Valuation of 10/- an acre. Including the cost (4-Io-od) of surveying the subdivision to be awarded, the Crown sought 36 acres at the northern end. This would leave the owners with Huhurahi 2 of 194 acres. The Court agreed to this, unless the charges were paid by the owners within one week.6

1 Application for Investigation of Title, 21 August 1883. Maori Land Court Hamilton Block Orders file C264. Supporting Papers #1(13.1.

2 Application for Investigation of Title, 5 November 1885. Maori Land Court Hamilton Block Orders file C264. Supporting Papers #1(13.2.

3 Order of the Court, II March 1886. Maori Land Court Hamilton Block Orders file C264.

Supporting Papers #K13.3.

4 Hauraki Minute Book 37 page 122. Supporting Papers #144.3.

5 Application by Chief Surveyor Auckland, 3o August 1906. Maori Land Court Hamilton Block Orders file C264. Supporting Papers #K13.4.

6 Hauraki Minute Book 56 page 332. Supporting Papers #J63.15. Orders of the Court, 3o August 1907.

Maori Land Court Hamilton Block Orders file C264. Supporting Papers #1(13.5-7.

6

KAIMARAMA

INVESTIGATED 5 October 1870

Coromandel Minute Book 2 pages 406-411, and Hauraki Minute Book 6 pages 225-2321

AREA   8300 acres

PLAN   Hamilton Maori Land plan 1966

Investigation of Title

Application for investigation of title to Kaimarama was made in May 1870 by Maihi Te Hinaki for Ngati Hura.2 At the owners' request,' the hearing of this and other Mercury Bay applications was heard at Whitianga.

The survey plan was completed by William Graham in July 1870. On being checked by the Chief Surveyor, he noted that

The attention of the Inspector of Surveys is drawn to the circumstance of the existence of many serious discrepancies between the bearings and measurements of the NW boundary (points A to B) of this block, and those of the SE boundary of the previously surveyed contiguous block - Mahakirau, Government land.

As a result the Inspector of Surveys issued instructions for certain corrections to be made to Graham's plan.4

At the Court sitting at Toumuia (Whitianga) on 5 October 1870, Maihi Te Hinaki claimed Kaimarama for his ancestor Piri.

This land has always been in our possession and I hold it now. My father used to snare birds and

eat rats upon it. No one has ever disturbed us, we have always been in undisputed possession.

There are no other owners, I am the sole owner. Te Aioroa was an owner but he died long ago. Two counter-claims were raised, by Maka Peneheireti and Harata Puhata. Maka also claimed from Piri (though later in her cross-examination she also claimed from a later ancestor,

Kaumea), saying that the true owners were Maihi Te Hinaki and herself. The children of Te Aiaroa also had a claim to the land.

William Graham, the surveyor, told the Court that he had surveyed the block.

Maihi and his son pointed out the boundaries. They cut the lines and his people were with me the whole time. I think the survey takes in a small portion of Ounuora granted land. I saw no

1 The Hauraki Minute Book appears to be a copy of the Coromandel Minute Book.

2 Application for Investigation of Title, 23 May 1870. Maori Land Court Hamilton Block Orders file C13z. Supporting Papers #K3.I.

3 Maihi Te Hinaki and 12 others, Whitianga, to Chief Judge Native Land Court, 27 April 1870, and Preece and Graham, Auckland, to Registrar Native Land Court Auckland, 26 May 1870. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.1-2 and 3.

4 Notes on Hamilton Maori Land plan 1966. Supporting Papers #N29.

8

Mercury Bay District: Kaimarama

line but I see a note to that effect. I will undertake to make the connection and correct it. There is very little land worth cultivating on this Block, all the rest is very broken. I have a claim of £259 for survey. The natives have no present means of paying the amount, and I wish a lien on the Block. On the NW and SE it adjoins Government land. I found nearly the whole of the Government pegs and I noticed at the time that there must have been something very wrong with that survey, as I could not make the bearings and distances tally at all. I can confidently say that my survey is correct and does not overlap the Government survey.

The Court decided that the counter claimants had no claim. The two children of Te Aiaroa (Hera Puna and Tiepa) were acknowledged as having rights in the land, and the claimants wished to add the name of Wiremu Ngawhare Te Hinaki. These three plus Maihi Te Hinaki were therefore ordered to be the owners of Kaimarama.5

At the Te Weiti hearing later that week Maaka Puhata's conductor, James Mackay, threatened to seek a rehearing of Kaimarama, but this threat was withdrawn when Hera Puna and Tiepa withdrew their claim to Te Weiti.6

At the end of the Kaimarama hearing, the Court referred the survey plan back to Graham to correct it in accordance with the Inspector of Surveys' requirements, and to show the connection of Kaimarama with the adjoining Ounuora. Graham made the corrections and the plan was approved in March 1871.

Survey

In March 1871 Graham advised that his survey costs for Kaimarama had been paid in full by the Mercury Bay Sawmill Co Ltd, thus resulting in the survey lien against the block being transferred to the company.7 The company advised in 1876 that its lien had been paid.8

Timber Leases to Mercury Bay Sawmill Co Ltd

In November 1872 Hera Puna and Ngakapa Whanaunga (as successor to Tiepa Puna) sold the timber and leased the timber cutting and timber driving rights for 99 years from 10 October 1870. The price paid was £2,50, plus 5/- rent per year "if and when demanded."9 On making inquiries for the Trust Commissioner, Puckey, the Native Agent at Thames, stated that Ngakapa Whanaunga and Hera Puna told him that "the signatures attached to the deed are genuine and that they are perfectly satisfied."10

In April 1873 the other two owners, Maihi Te Hinaki and Wiremu Ngawhare Te Hinaki, entered into a similar lease, this time for a price of £220.11

5 Coromandel Minute Book z pages 406–411, and Hauraki Minute Book 6 pages 226–232. Supporting Papers #J2.149–154 and Jl2.6–12.

Order of Court, 5 October 1870. Maori Land Court Hamilton Block Orders file C132. Supporting Papers #K3.2.

6 Hauraki Minute Book 6 pages 279–280.

7 W Graham, Auckland, to Registrar Native Land Court Auckland, 9 March 1871. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.4.

8 Secretary Mercury Bay Sawmill Co Ltd, Auckland, to Native Land Court, 11 October 1876. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.6.

9 Auckland Deed 696. Supporting Papers #A65.

Turtan's Deeds, Deed 355, pages 446–459. Supporting Papers #T2.88–101.

10 Statement by Native Agent Thames, 3 December 1872. Papers for Application 1873/79. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #M1.17–18.

11 Auckland Deed 696. Supporting Papers #A65.

Turton's Deeds, Deed 355, pages 446–459. Supporting Papers #T2.88–101.

9

THE HAURAKI TRIBAL LANDS—PART 2

William Young was the interpreter for both leases. They were both certified by the Trust Commissioner in April 1873.

Sale of Part to Mercury Bay Sawmill Co Ltd

In July 1874 three of the four owners sold part of Kaimarama to the Mercury Bay Sawmill Co Ltd. The portion they sold had an estimated area of 2050 acres and was situated at the north eastern end of the block closest to the Whitianga River. The purchase price was £400 (i.e. approximately 4/- per acre). They agreed to "convey and assure" the land "with all the rights, members and appurtenances hereunto belonging ... for ever". This was translated as "ka hokona taua wahi ... me nga mea katoa i runga me nga mea katoa e whaitikanga ana o reira   ake tonu atu."12

Those who signed the deed were Maihi Te Hinaki, Hera Puna and Ngakapa Whanaunga (as successor to Tiepa Puna). Wiremu Ngawhare Te Hinaki did not sign. The Trust Commissioner certified the sale of the three interests in July 1874.

That same month WJ Young advised the Native Land Court that part of Kaimarama had been sold to the Mercury Bay Sawmill Co Ltd.13

In May 1876 Benjamin Gilmer, a director of the Sawmill Company, told the Native Land Court, at its inquiry into the succession to Wiremu Ngawhare Te Hinaki, that he had purchased from Wiremu, before he died, those of his interests in Kaimarama that he had not sold to the Crown.

The price was to be £100. He had in goods and money above £50. In money he had two sums of £10 each. Mr Young was present when the payment was made. The arrangement was that we were to give his boy 20 acres of land out of this block. We have had this surveyed for him.

William Young gave evidence confirming that Wiremu had sold his interest to the Sawmill Company, but that he had died before signing a deed of transfer."

The Court ordered that Wiremu's elder brother, Maihi Te Kapua, should succeed. He promised to sign the transfer. Presumably this was because an order of succession to Wiremu's son, who was still a minor, would have caused complications. It was understood by the Court that "the company" would convey 20 acres to Wiremu's son "Te Rangi" (sic).15

In 1876 a conveyance to the Mercury Bay Sawmill Company by Maihi Te Kapua, which was additional to the earlier conveyance by Maihi Te Hinaki and others, was forwarded to the Native Land Court for certification about payment of duty.16

Sale to the Crown

In January 1872 when outlining the services he could offer as land purchase agent for the Government, James Mackay wrote about what he termed the Mercury Bay Block.

12 Auckland Deed 696, Deed A. Supporting Papers #A65.

Turtons Deeds, Deed 355, pages 446–459. Supporting Papers #T2.88–101.

13 WJ Young, Auckland, to Chief Judge Native Land Court, 9 July 1874. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.5.

14 Hauraki Minute Book 9 pages 238–239 and 24.2. Supporting Papers #J15.80–81 and 82.

15 Hauraki Minute Book 9 page 280. Supporting Papers #J15.83.

16 Russell and Devore, Auckland, to Chief Judge Native Land Court, 19 October 1876. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.7.

I0

Mercury Bay District: Kaimarama

This district is of considerable area, there are probably 40,000 acres of unsold land in it. The extent of land available for settlement is small. Gold has been found in two places, but the workings are now abandoned. Nearly the whole of the land has been granted to the Native owners under the Native Lands Act, and the available kauri timber has been sold to either the Mercury Bay Sawmill Company or the Auckland Sawmill Company, who have valid leases or agreements extending over terms of years. I do not anticipate any great difficulty in procuring the freehold of this district. The Government have previously acquired some large blocks there, but which are of little value for settlement.17

In June 1872 Mackay reported that

Adjoining the Waikawau block on the north eastern side is a piece of Government land known as Mahakirau, on which gold in small quantities has been found. This commences on the watershed range and extends towards Mercury Bay, but it is cut off from coast frontage by Te Weiti and Kaimarama blocks. Te Weiti and Kaimarama blocks have been granted under the Native Lands Act ... I was offered 4000 acres of Te Weiti block ... which I accepted.18

Mackay's interest must have spread beyond Te Weiti, as in August 1874 the Crown purchased the freehold of a portion of Kaimarama for £400.19 This portion, to the south of the Mercury

Bay Sawmill Company's portion, had an estimated area of 6700 acres, which meant the

purchase price was about 1/2d per acre. This price was low because of the existence of the timber leases over the land. The owners agreed to "convey and assure" the land "together with

all the rights and appurtenances thereunto belonging ... for ever". James Preece was the interpreter when the signatures of Maihi Te Hinaki and Wiremu Ngawhare Te Hinaki were obtained, while John Guilding was the interpreter when the signatures of Hera Puna and Ngakapa Whanaunga were obtained.

The plans attached to the two deeds of sale of the freehold, to the Mercury Bay Timber Co Ltd and to the Crown, show that there was a slight overlap, as the division line between the two is not the same on each deed.

The portion of Kaimarama purchased by the Crown was declared Waste Lands of the Crown in July 1879.20

17 J Mackay, Auckland, to Minister of Public Works, 24 January 1872. Maori Affairs Head Office file MLP 1885/18. Supporting Papers #B54.1–26.

AJHR, 1873, G–8, pages 1–5. Supporting Papers #U1.1–5.

18 J Mackay, Auckland, to Minister of Public Works, 22 June 1872. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.1–10.

19 Auckland Deed 696, Deed C. Supporting Papers #A65.

Turton's Deeds, Deed 355, pages 446–459. Supporting Papers #T2.88–101.

Turtons Deed Plans. Supporting Papers #T3.60.

20 New Zealand Gazette 1879, pages 913–916. Supporting Papers #W12.11–14.

II

KAPOWAI

CREATED 5 October 1870

Hauraki Minute Book 6 pages 235-237

AREA   8663 acres

PLAN   Hamilton Maori Land plan 1958

Investigation of Title

Application for the investigation of the title to Kapowai was made in May 1870 by Preece and Graham as agents for Arama Whakatau of Ngati Parekarata, a hapu of Ngati Hei.1

A survey plan of the block was prepared by Edward Dean and submitted for approval in July 1870.2 Kapowai excludes an area of 73 acres within its outer boundaries on the east bank of the Kapowai Creek, known as Ahiraumati.

The application was heard by the Native Land Court in October 1870.3 Arama Whakatau claimed from the ancestor Nukutaurua.

He and his elder brother got the land by conquest and divided it between them. This is part of the younger brother Nukutaurua's share. ...

My father worked on this land, caught birds, got berries, made oil, caught rats, and made houses on it. No one ever disturbed us in our occupation from the time of Nukutaurua until now. My cultivations are at Waiwawa. We have none on this land.4

Edward Dean, the surveyor, gave evidence that

The lines are cut on the ground where practicable and the angles pegged. The survey has been made in accordance with the rules of the N.L. Court. Arama Karaka pointed out the boundaries. There were several other natives present. This does not encroach on any other survey. There is due to me some £216-11-6.5

Arama Whakatau "said that he understood that Mr Shapp was to bear the expense of the survey. "6

1 Application for Investigation of Title, 23 May 1870. Maori and Court Hamilton Block Orders file C1o4. Supporting Papers

2 Hamilton Maori Land plan 1958. Supporting Papers #N27.

3 Hauraki Minute Book 9 pages 235-237.

4 Hauraki Minute Book 9 pages 235-236.

5 Hauraki Minute Book 9 pages 236-237.

6 Hauraki Minute Book 9 page 237.

I2

Mercury Bay District: Kapowai

The Court ordered that a title issue in the names of Arama Whakatau, Mita Arama, Matahera and Rihara Uia.7 There were to be no restrictions on alienability. A lien in favour of Dean was also issued.8 The following month Dean advised that the lien had been satisfied.9 For some unknown reason Dean repeated this advice two years later in November 1872.10

Timber Lease

Five days after the title to Kapowai was decided by the Court, a lease of the block for timber harvesting purposes was issued to Albert Schapp and James Ansenne of Auckland. The lease was for 99 years at a rental of £10–10–0d a year. 11

Purchase by the Crown

In March 1874 Arama Whakatau wrote to the Superintendent of Auckland Province about money owed to him by Mackay for the sale of Kapowai.12 Mackay responded that

Mr Preece made this arrangement at first and paid a deposit on the land. I was prepared to pay

the money at any time if the natives had appeared to sign the deed, which they have not yet

done, and I refused to pay part of them unless all were present.13

By a deed dated April 1875, the Crown purchased Kapowai for £700.14 The Trust Commissioner, on receiving the deed for certification, forwarded it to Puckey, Native Agent at Thames, for him to make inquiries. He returned the deed one year later, noting that he had examined all the vendors except for Arama Whakatau, who had died, and Matahera, who had not visited Thames since he had received the deed.15 The Commissioner ascertained that Matahera lived at Whitianga, then two weeks later certified the deed, in March 1877.

Kapowai was declared Crown Land in July 1879.16

Ahiraumati

When Ahiraumati enclave within Kapowai was excluded from the title to Kapowai, it remained as customary land, until it was itself passed through the Court.

In August 1899 Taumaha Kara, Rahera Tanui and Erana Te Onerere, through Gilbert Mair, the land purchase officer at Thames, wrote to Government.

7 Hauraki Minute Book 9 page 237. Order of the Court, 5 October 1870. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.2.

8 Notification of Lien, 5 October 1870. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.3.

9 Edward Dean, Auckland, to Native Land Court Auckland, 1 November 1870. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.4.

10 Edward Dean, Auckland, to Chief Judge Native Land Court, November 1872. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.5.

11 Timber Lease, 10 October 1870. Copy on Auckland Deed 834. Supporting Papers #A76.

12 Arama Whakatau, Whitianga, to Superintendent Auckland Province, 2 March 1874, attached to Superintendent Auckland Province to Native Minister, 9 March 1874. Maori Affairs Head Office file MLP 1874/137. Supporting Papers #B15.4–6.

13 File note by J Mackay, 31 October 1874, on Superintendent Auckland Province to Native Minister, 9 March 1874. Maori Affairs Head Office file MLP 1874/137. Supporting Papers #B15.4–6.

14 Auckland Deed 834. Supporting Papers #A76.

15 Native Agent Thames to Trust Commissioner Auckland, 17 February 1877. Papers for Application 1875/131. Trust Commissioner Auckland's 1875 Papers. Supporting Papers #M2.10–22, at 21–22.

16 New Zealand Gazette 1879 pages 913–916. Supporting Papers #W12.11–14.

13

THE HAURAKI TRIBAL LANDS—PART 2

We desire to sell the Government our piece of land called Ahiraumati, 73 acres. It is situated inside the Government land at Kapowai, Mercury Bay. There is some kauri growing on part of it. We have to road the land, therefore we wish to sell it for 5/- an acre.17

Mair commented that

This is a small piece of land up near the headwaters of the Kapowai River close to Gumtown. It is no use to the natives. 3/- an acre is about its value.18

Inquiries showed the block was still customary land, so the Crown declined to take an interest in it.19

17 Taumaha Kara, Rahera Tanui and Erane Te Onerere, Shortland, to Government, 19 August 1899. Maori Affairs Head Office file MLP 1899/160. Supporting Papers #B133.1–3.

18 Land Purchase Officer Thames to Chief Land Purchase Officer, 29 August 1899, on Taumaha Kara, Rahera Tanui and Erane Te Onerere, Shortland, to Government, 19 August 1899. Maori Affairs Head Office file MLP 1899/160. Supporting Papers #B133.1–3.

19 Chief Land Purchase Officer to Land Purchase Officer Thames, 16 September 1899, on cover sheet to file NLP 1899/160. Maori Affairs Head Office file MLP 1899/160. Supporting Papers #B133.4.

14

TE KAUANGA WHENUAKITE

CREATED 22 March 1899

Coromandel Minute Book 6 pages 36-38, 44-53, 55-6o, 62-71, 79-99, 101, 117, 128-135 and 146-148

AREA   Te Kauanga Whenuakite 1 - 10 acres Te Kauanga Whenuakite 2 - 490 acres Te Kauanga Whenuakite 3 - 3160 acres Te Kauanga Whenuakite 4 - 3000 acres Te Kauanga Whenuakite 5 - 1298 acres Te Kauanga Whenuakite 6 - 42 acres Te Kauanga Whenuakite 7 - 280 acres

PLAN   Hamilton Maori Land plan 6646

Partition

A survey plan of Te Kauanga Whenuakite was compiled in February 1899 based on surveyed boundaries of surrounding blocks.1

The Court was asked to investigate the title the following month. It partitioned the block into 7 subdivisions, known as Te Kauanga Whenuakite 1 to 7. Of these, one, Te Kauanga Whenuakite 3 of 3160 acres, was vested in Rahera Tanui, Erana Te Oneone, and the Chief Surveyor Auckland, in trust to raise funds by the sale of the said Te Kauanga Whenuakite 3 to pay all just charges made in respect of the survey of and the expenses in investigating the title of Te Kauanga Whenuakite in the Native Land Court, and to deposit the balance if any of the said funds with the Public Trustee.2

The other subdivisions were

No 1 of 10 acres, 3 owners in equal shares,

No 2 of 490 acres, 8 owners in unequal shares,

No 4 of 3000 acres, 13 owners in equal shares,

No 5 of 1298 acres, 2 owners in equal shares,

No 6 of 42 acres, 7 owners in equal shares,

No 7 of 280 acres, 4 owners in equal shares.3

An appeal against the Court's decision was heard in July 1901, but was dismissed.4

Survey liens of £50-4-8d and £1-12-8d were awarded against Te Kauanga Whenuakite 5 and 6 respectively, in favour of a surveyor named AL Foster. But it was later acknowledged that this must have been in error.

1 Hamilton Maori Land plan 6646. Supporting Papers #N227.

2 Order of the Court, 22 March 1899. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #13149.1.

3   Commande/Minute Book 6 pages 36-38, 44-53, 55-60, 62-72, 79-99, 101, 117, 128-135 and 146-148.

4 Coromandel Minute Book 8 pages 360-367 and 372. Supporting Papers #17.10.

15

THE HAURAKI TRIBAL LANDS–PART 2

Foster surveyed northern end which he called Titirangi No 2. This portion afterwards called by Court Nos 5 and 6. Court on investigation adopted his survey as northern boundary Kauanga Whenuakite, and also as boundary between Nos 5 and 6 and balance of block. As it was clearly the intention that No 3 should pay for all surveys in connection with investigation, it is obvious that mistake has been made in granting liens against Nos 5 and 6. There is nothing in minutes, Court must have overlooked order for No 3. Understand Foster is trying to sell No 5 through Registrar Supreme Court.5

Crown Purchase of Te Kauanga Whenuakite 3

In August 1901, the month after the appeal had been heard, Gilbert Mair, land purchase officer at Thames, reported to Wellington that

Whenuakite Kauanga is a block of five or 6000 acres near the new mines at Kapowai, Mercury Bay. The principal owners Rahera and Erana Tanui have been offering it for sale to the Crown for some years, but there was a rehearing hanging over a part which has only lately been dealt with and the award is in favour of the above named persons. There are only a few owners. It is a very desirable block to acquire if it can be purchased. You will probably be getting telegrams about it as the senders of the attached telegram are always wiring to me.8

The same day Rahera Tanui did telegraph to Wellington.

We offer you for sale 3000 acres Whenuakite No 3 Mercury Bay. Good title, two owners. Reply today.7

When the Chief Land Purchase Officer replied that

Government is not purchasing native lands at present, why don't you look up a private purchaser? What price do you want?8

Rahera responded that the block she offered was

Good gold field land, auriferous, cheap, ten shillings [per] acre.9

In September 1901 Katerina Nikorima wrote to the Prime Minister, Dick Seddon.

I once more take the liberty to ask you on behalf of Erana Te Oneone and her sister Rahera Tanui who are wishing to negotiate with your Government to sell a block of land situated at Mercury Bay.

The name of the block is Kauanga Whenuakite No 3, acreage 3160, which is bounded by Government land [Oteao 2, and 3] on one side and private property on the other side.

There are three grantees to the block, of which the Chief Surveyor here is one, and was granted to them some time last July.

They have (Erana and Rahera) through an interpreter written to one of your officials named Mr P Sheridan [Chief Land Purchase Officer], who replied that the Government did not care about buying land at present, and yet asked what they would sell it for. [This] Has buoyed up their hopes that I have ventured to appeal to headquarters for information regarding these two words, yes or no.

5 Telegram Registrar Native Land Court Auckland to Chief Land Purchase Officer, 26 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.13–14.

6 Land Purchase Officer Thames to Chief Land Purchase Officer, 28 August 1901. Maori Affairs Head

Office file MLP 1902/67. Supporting Papers #B149.2–3.

7 Telegram Rahera Tanui, Auckland, to Chief Land Purchase Officer, 28 August 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B49.4.

8 Telegram Chief Land Purchase Officer to Rahera Tanui, Auckland, 30 August 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.5.

9 Telegram Rahera Tanui, Auckland, to Chief Land Purchase Officer, 4 September 1901. Maori Affairs

Head Office file MLP 1902/67. Supporting Papers #B149.6.

16

Mercury Bay District: Te Kauanga Whenuakite

They replied that they would sell at ten shillings an acre. They have waited here for results in vain, and as their tickets for steamer expire today, they are leaving for home without knowing if they can sell or not to your Government.

You will confer me a great honour by letting me know, so that I may be able to forward your reply and relieve their misgiving on the matter in question whether it be yea or nay.10

The Chief Land Purchase Officer reported to the Prime Minister that

The block of land referred to is vested in the Chief Surveyor Auckland and the two natives as trustees to raise funds to defray survey and other expenses in connection with a number of adjoining blocks. Evidently the two natives want to get the manipulation of the funds into their own hands, but they could not give a valid receipt or title without the concurrence of their co-trustee, the Chief Surveyor, on whom of course the whole responsibility. ... They have been reminded of the position through the Hon Mr Kelly, who was in communication with the Hon the Native Minister on the subject.11

A further letter was received on behalf of Erana and Rahera, which had been sent by a settler named Nicholson to the Native Minister.

Re Kauanga Whenuakite block of land. The native owners have asked me to write to you stating that they would like if the Government would purchase the above named block, and if you would oblige by seeing the Minister of Lands re the same, as it is a valuable block on account of being close to the present Kapowai goldfield, it may be an advantage for it to be owned by Government.

If nothing can be done for them re Government purchasing, could you manage to get the Native Minister to arrange for a Native Council to be appointed for the Whitianga District.12

Mair was instructed to tell the Maori owners of the block that they should consult with the Chief Surveyor about a sale,13 and the Native Minister replied to Nicholson in similar vein, with the addition that

Arrangements can probably be made for the purchase of the land by the Crown, but [the two Maori owners] cannot under any circumstances be allowed to assume the rights of beneficial ownership or to appropriate any portion of the proceeds to their own personal use.14

The Chief Surveyor must have suggested the purchase of Kauanga Whenuakite 3 by the Crown at about this time, as the file contains a response by the Chief Land Purchase Officer

to a telegram apparently received from the Chief Surveyor.

I think price which you suggest for Kauanga Whenuakite is rather low. Many years ago it was agreed upon that five shillings should be a minimum for lands in the Thames Goldfields. From the goldfields point of view, this block may be worth even a little more. If question crops up again it would be well to consult the Warden. 15

10 Katerina Nikorima, Auckland, to Prime Minister, 16 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.7–9.

11 Chief Land Purchase Officer to Prime Minister, 20 September 1901, on Katerina Nikorima, Auckland, to Prime Minister, 16 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.7–9.

12 WB Nicholson, Gumtown, to Native Minister, 17 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.10–11.

13 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 24 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.12.

14 Native Minister to WB Nicholson, Gumtown, 30 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.15.

15 Telegram Chief Land Purchase Officer to Chief Surveyor Auckland, 4 October 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.16.

17

THE HAURAKI TRIBAL LANDS—PART 2

The Chief Surveyor apparently qualified his earlier telegram by reporting that

2/6d applied to blocks 4 and 5 only. Block 3 is the best of the seven subdivisions and well worth 5/- per acre. Have recommended my co-trustees to sell at 5/- and am awaiting their answer through Captain Mair. Warden's answer as to value of block owing to proximity to Kapowai goldfields not yet to hand.16

The Chief Surveyor supplied the Warden's reply three days later.

Warden thinks that Government should not pay more than 5/- for Kauanga Whenuakite No 3 block at present as the success of the Kapowai goldfields close by is not yet assured. I shall prepare plans and descriptions for Captain Mair if you will authorise the purchase at not exceeding 5/- per acre.17

But the Chief Surveyor had already, on his own initiative, telegraphed to Mair to

arrange with Rahera and Erana for sale to Government ... for a sum not exceeding 5/- per acre as speedily as possible.18

Mair was in Gisborne at the time and reported that

Immediately on receipt of this telegram I wrote asking Rahera and Erana if they were willing to sell and have just received replies that they are quite ready and anxious to sell, as if they do not do so they will probably lose the No 4 and 5 blocks which they reserved for themselves and their children and asked the Court to make inalienable. They explain that owing to very heavy expenses incurred in carrying on the investigation to the title of these blocks, also rehearing etc, they borrowed money from certain Europeans who have since obtained judgements and have taken the necessary steps to have Kauanga Whenuakite Nos 4 and 5 sold by order of the Sheriff of the Supreme Court in Auckland on December 7th at Cochrane's Mart. I am not aware if the necessary three months notice has been served upon the Commissioner of Crown Lands. In the event of No 3 being purchased, I do not know if the Court fixed the beneficiaries who are to share in any residue, but there are only about a dozen and they are mostly the children and grandchildren of Rahera and Erana.19

The Chief Land Purchase Officer told him that

You had better arrange for natives to meet you on your way back and sign deed at same time as Mr Mueller [Chief Surveyor]. I have forwarded deed to Registrar at Auckland to await your arrival.20

He was also told that

The purchase money should be handed over [to] the Chief Surveyor and the two natives on their signing the deed and voucher. The Chief Surveyor will then be responsible for its distribution in strict accordance with the Order of the Court.21

16 Telegram Chief Surveyor Auckland to Chief Land Purchase Officer, 25 October 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.17.

17 Telegram Chief Surveyor Auckland to Chief Land Purchase Officer, 28 October 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.18.

18 Telegram Chief Surveyor Auckland to Land Purchase Officer, Gisborne, 25 October 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.19–20.

19 Land Purchase Officer, Gisborne, to Chief Land Purchase Officer, 20 November 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.21.

20 Telegram Chief Land Purchase Officer to Land Purchase Officer, Gisborne, 22 November 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.22.

21 Chief Land Purchase Officer to Land Purchase Officer, Gisborne, 22 November 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.23.

18

Mercury Bay District: Te Kauanga Whenuakite

The Chief Surveyor became ill, which delayed settlement until just before Christmas 1901.22 A total of £790 (i.e. 5/- an acre) was paid for the land.

It emerged that not all survey work on the subdivisions of Te Kauanga Whenuakite had been completed, so that the Chief Surveyor had retained some of the purchase money to pay for this work, rather than deposit all of the residue with the Public Trustee.23 Instructions were

issued for a survey of the subdivisions in January 1902, and the work was completed the following month.24 By this survey all subdivisions of Te Kauanga Whenuakite retained the

areas ordered for them by the Court except Te Kauanga Whenuakite 3, which was treated as a balance area. It was found to have an area of 3070 acres.

A title to Te Kauanga Whenuakite 3 was issued to the Crown in August 1902. 25

In August 1902 Dugald Bryce of Mercury Bay wrote to the Minister of Mines.

The reason I wired you to stop payment of moneys to Rahera Tanui and Erana Pawe was this. I have been to considerable trouble and expense with these natives and got an order in the R.M. Court on January 15th 1901. It reads as follows: Summons to be withdrawn upon defendant giving an order on Government Land Purchase Officer to pay in the event of his selling land to Crown. Both orders read the same.

I have been told that these natives received several hundred pounds sterling last December, but my money has not been paid. I would be very thankful to you if you could get this money paid me or give me advice what to do in the matter. The Judge is to give his decision on 27th instant as to who is to have the handling of the money. Mr Walker, my lawyer of Coromandel, wrote or wired Mr Mair re the decision of the Court. The amount is

Rahera   £29–10–0

Erana   £40–10–0

Hoping you will be able to help me in this matter.26

A Charles O'Brien also wrote on Bryce's behalf.

Mr Bryce asks me to write you re some money due him from natives. It appears that Bryce got judgement against the natives and the R.M. advised Bryce to withdraw on receiving an order from the natives or the Native Land Purchasing Agent. Bryce got the orders and I believe his solicitor forwarded them to Major Mair. Since then these natives have sold land to the Crown and received payment, and Bryce's claim has been overlooked. 27

Mair was asked for an explanation, and replied that

You will remember the two native women Erana Te Oneone and Rahera Tanui in December last sold the Whenuakite Kauanga block 3000 acres for £790, which sum I paid to Commissioner of Crown Lands Auckland, and he, after paying certain claims, survey liens, Court fees etc,

22 Telegram Land Purchase Officer, Auckland, to Chief Land Purchase Officer, 21 December 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.24.

Hamilton Land Registry Transfer 29093. Supporting Papers #Q66.

23 RJ Gill, Auckland, to Chief Land Purchase Officer, 77 January 1902, on Registrar Native Land Court Auckland to Chief Land Purchase Officer, 10 January 1902. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.25–26.

24 Hamilton Maori Land plan 6646. Supporting Papers #N228.

25 Hamilton Land Registry Certificate of Title 110/171. Copy on Auckland Deed 3479.

Supporting Papers #A302.

26 Dugald Bryce, Mercury Bay, to Minister of Mines, 22 August 1902. Maori Affairs Head Office file MLP 7902/67. Supporting Papers #B149.27–28.

27 C O'Brien, Mercury Bay, to Native Minister, 22 August 1902. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.29–30.

19

THE HAURAKI TRIBAL LANDS—PART 2

amounting to about £440, paid the balance £349 to Public Trust Office. A few weeks ago the Native Land Court sitting here ordered the Public Trustee to pay this balance over to the two above named persons,28 which I presume will be done after the time allowed for appeal has elapsed. The natives frequently told me they owed Mr Bryce money. In fact they appear to owe nearly a thousand pounds. I could not help him and have written him fully on the matter. The women were here for two weeks waiting for the Court. They were ill and hadn't a penny, so I advanced them £10 privately, which I am doubtful of ever seeing again. 29

As a result the Minister replied to Bryce that

There is an amount in the hands of the Public Trustee who will, no doubt, as far as possible, meet any lawful order made upon it. Such order should be sent to the Public Trustee at once as the money will, in the course of a few days, be payable to the natives on demand.30

However, subsequent information showed that the Public Trustee had paid over the money to an Auckland solicitor acting for Rahera and Erana, some three days before the Minister's reply was written.31 This was despite the 3 month period for appeals against the Court's order not having expired. 32

Whether or not Bryce got his money is not known.

28 Hauraki Minute Book 53 pages 36–39.

29 Land Purchase Officer Thames to Chief Land Purchase Officer, 6 September 1902. Maori Affairs

Head Office file MLP 1902/67. Supporting Papers #B149.29.

30 Minister of Mines to D Bryce, Mercury Bay, 11 September 1902. Maori Affairs Head Office file MLP 2902/67. Supporting Papers #B149.31.

31 Public Trustee to Chief Land Purchase Officer, 12, September 1902. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.32.

32 Chief Land Purchase Officer to Public Trustee, 15 September 1902, on Telegram Registrar Native Land Court Auckland to Chief Land Purchase Officer, 15 September 1902. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.33–34.

20

KAWA KAWA

AREA   1217 acres

PLAN   Hamilton Maori Land plan 1971? 1973?

OWNERS   Te Mamu Maihi and 6 others

CERTIFICATE OF TITLE

(Hamilton Land Registry) 573/132

PURCHASED BY   George White

DATE   14 April 1871

PURCHASE PRICE   £305

TRANSFER REFERENCE Deeds Register Book ID page 324 (Auckland Land Registry) Deeds Book D1 pages 732-734

2I

MAHAKIRAU

Mahakirau Block was surveyed by Percy Smith in July 1862.1 Its area was given as 8385 acres.

Mahakirau was purchased by the Crown from Maihi Te Rahui Hinaki, Tikaokao Totohi, Wiremu Maka, Paengahuka, Ihakara, Rihipeti, Wiremu kingi, Hohaia, Pumipi and Parakaia of Te Rapupo of Ngati Whanaunga in August 1862 for £1677 (i.e. 4/- an acre).2 Donald McLean was the Crown's purchase officer.

Extinguishment of Native title to the block was notified in August 1863.3

1 Hamilton Maori Land plan 10661. Supporting Papers #N12.

2   Turtons Deeds, Deed 326, pages 400-401. Supporting Papers #T2.42-43. Turton's Deed Plans. Supporting Papers #T3.30.

3 New Zealand Gazette 1863 pages 345-348. Supporting Papers #W2.1-4.

22

MAHURANGI AND PURANGI ISLANDS

Mahurangi Island was purchased by the Crown from Maihi Te Hinaki and Tamatea of Ngati Paua in November 1859 for £12.1

The same day four islands known as the Purangi Islands were purchased by the Crown from Maka and Wiremu Maka of Ngati Paoa for £6.2 The four islands were Motu Eka, Poekeeke, Motu Roa and Te Hoho.

James Preece was the Crown's purchase officer for both purchases.

Extinguishment of Native title to Mahurangi Island (84 acres) and the Purangi Islands (20 acres) was notified in January 1862.3

1   Turton's Deeds, Deed 314, pages 386-387. Supporting Papers #T2.28-29. Turton's Deed Plans. Supporting Papers #T3.19.

2   Turton's Deeds, Deed 315, pages 387-388. Supporting Papers #T2.29-30.

3 New Zealand Gazette 1862 pages 13-15. Supporting Papers #W1.1-3.

23

MAKOMAKO

AREA   315 acres

PLAN   Hamilton Maori Land plan 6021

OWNERS   Ereatara Tinirau, Rahera Tanui and Erana Te Onerere

CERTIFICATE OF TITLE

(Hamilton Land Registry) 82/196 (95/118)

In April 1890 Peneamine Tanui offered Makomako and Pungarehuroa to the Crown.

Those blocks are at Gumtown [Coroglen] and abut upon the land sold to Europeans there. £2 per acre was the price of the block sold to Mr Charles Carina by Reupena and Repiu and others. The lands that are in the township were sold for £10 er acre. The blocks that are offered for sale to you are two subdivisions of the land (in that locality), viz., Te Makomako containing 315 acres, and Pungarehuroa containing 355 acres. They adjoin each other and conjointly contain 670 acres. ... I am [the owners'] spokesman (agent). The price asked per acre is 1/.1

Wilkinson, to whom the letter was addressed, passed it on to Wellington, adding that

It is so long now since I was at Mercury Bay that I forget the exact position of the two blocks offered, also the quality of the land. It will be seen however from the map that I send herewith that one - if not both of them - joins Crown Land. They have also the advantage of having only a very few owners, so that the purchase could soon be completed if decided upon. Possibly the Survey Department have some information as to the quality and value of the land.2

The Surveyor General was asked if the purchase would be desirable. He replied that

The two blocks passed the Court are too small to be of any use for settlement purposes, unless the soil were particularly good, which it is not in this instance or both blocks would have been purchased long ago by the settlers at Gumtown living within a mile of the place. The larger block I know personally, and with the exception of a few strips along the rivers, is not worth buying at any price.3

Based on this advice the Native Minister decided that the Government did not wish to purchase the blocks.4

In February 1895 the owners of Makomako tried again to sell the two blocks to the Crown.

This is good land fit for farming purposes, partly covered with fern, tupakihi and koromiko. There is also some bush on one portion. There are also about 4o kauri trees growing there. ... The land is close to Gumtown, Whitianga. We consider it is worth 10/- an acre.5

1 Peneamine Tanui, Whitianga, to Land Purchase Officer Otorohanga, 22 April 1890, attached to Land Purchase Officer Otorohanga to Under Secretary Native Department, 8 May 1890 Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.1–7.

2 Land Purchase Officer Otorohanga to Under Secretary Native Department, 8 May 1890. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.1–7.

3 Surveyor General to Under Secretary Native Department, 27 May 1890, on cover sheet to file NLP 2890/152. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.8.

4 Under Secretary Native Department to Native Minister, 29 May 1890, approved by Native Minister, 29 May 1890, on cover sheet to file NLP 1890/152. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.8.

5 Rahera Tanui, Erana Te Onerere and Taumaha Kara, Whitianga, to Land Purchase Officer Thames, 15 February 1895. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.9–10.

24

Mercury Bay District: Makomako

The response in Wellington was that

There is no use the Natives making such absurd offers. The Government might for the purposes of extinguishing the Native title, if the Natives have a sufficiency of lands elsewhere, go as high as 2/- an acre.6

This offer was communicated to the owners, but there is no record of the matter being taken further.

6 Chief Land Purchase Officer to Land Purchase Officer Thames, 5 March 1895, on cover sheet to file NLP 1895/115. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.11.

25

MAROKOKA

CREATED 12 March 1886

AREA   2600 acres

PLAN   Hamilton Maori Land plan 5701

Investigation of Title

Following survey,1 Marokoka was awarded to Repiu Tokata solely.2

Purchase by the Crown

In November 1886 Repiu Tokata offered to sell the block, which he described as having an area of 1349 acres, to the Crown.3 The Assistant Surveyor General commented that

The part [of the block] I personally know, i.e. that facing Waiwawa, is fair land suitable for pastoral purposes. There is a considerable population at "Upper Mill" and at "Gumtown". I am not aware as to how Repiu makes out the area of 1349 acres. No Order of Court in division received by me. Survey Department holds survey lien of £88-18-11 over the block.4

However no further action seems to have been taken.

Nine years later, in January 1896, Mair, the land purchase officer in Thames, reported that

Repiu Tokata came from Mercury Bay today to offer to sell the Marokoka block of 2600 acres. It is situated on the left proper bank of the Waiwawa River and is generally poor fern land, but there are a few good bits along the river here and there. Repiu states that he is the sole grantee, that he has received an intimation that he must pay £8o survey lien to the Government, hence his desire to sell, but he wishes to retain 6o acres where his house and graves are situated. He asks 5/- an acre, but I should think that 3/- an acre would be more like it. He will wait at the Thames for an answer, which he would be glad to receive as soon as convenient.5

The Surveyor General, who had provided the report on the block nearly ten years earlier, recommended "Price say 2/6; don't let them retain all the frontage to Waiwawa."6

l Hamilton Maori Land plan 5701. Supporting Papers #N180.

2 Order of the Court, 12 March 1886, attached to cover sheet for file NLP 1887/14. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.3-5.

3 Repiu Tokata, Waiwawa to Native Agent Otorohanga, 24 November 1886. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.1-2.

4 Assistant Surveyor General to Under Secretary Native Land Purchase Department, 26 January 1887, on cover sheet to file NLP 1887/14. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #13108.3-5.

5 Land Purchase Officer Thames to Chief Land Purchase Officer, 17 January 1896. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.6.

6 Surveyor General to Chief Land Purchase Officer, 3 February 1896, on cover sheet to file NLP 1896/23. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.7-8.

26

Mercury Bay District: Marokoka

This offer was communicated to Repiu Tokata, and Mair reported back that

Repiu Tokata will accept 2/6 an acre. The cost of survey £88–18–11 to be deducted, also a further sum, say £ 10–10–0, for cost of surveying off the small reserves for cemeteries etc. I will arrange these so as not to let him have all the frontage. Will it not be best for Repiu to convey the whole block and then reconvey to him the title [to] pieces he wishes to retain? The old man is waiting here, he is very ill and I have advanced him £5 of my own to enable him to obtain medical assistance and food, till I can get a reply from you. Will you please wire authority for me to purchase if approved.7

He was told that

The deed should exclude the reserves and they should be clearly shown on the plan. You have I presume ascertained that the title is clear of encumbrances of any kind. If so purchase can proceed after 1st [April 1896] .8

Marokoka was purchased by the Crown in April 1896 for £317–10–0d.9 Later that month Mair was able to report that

Purchase of Marokoka completed and Deeds in duplicate forwarded to Wellington. £88–18–11 was deducted for survey costs. 3 small reserves, viz Te Hinahina 3o acres, Mangarahi 10 acres, and Te Rewarewa 20 acres, have been excluded from the purchase and marked off approximately on the Deed.10

The purchase price represents 2/6d an acre for 2540 acres (i.e. the block excluding 6o acres for reserves).

Marokoka block, excluding the three reserves, was declared Crown Land in July 1896.11

The reserves had to be surveyed. In August 1896, Mair reported that

On two of [the three reserves] are a number of graves, and it was entirely on this account that they were excepted from sale. The natives now have come over from Mercury Bay to inform me that the surveys have been made without their knowledge and the graves are not included in the 10 and 20 acre [reserves].

I presume a Government surveyor has carried out the work without asking Repiu or his brothers, who live near by, to point out the graveyards, and this will necessitate the work being done over again.

I have promised the natives to refer the matter at once in order to have the mistake put right.12 The surveyor, Spencer, was asked for an explanation, and replied that

I was not aware at the time I made the survey of the reserves that there were graves on them. It was not until after I had completed the work that I saw the natives and was informed by them that it was on account of the graves that the reserves were made.13

7 Land Purchase Officer Thames to Chief Land Purchase Officer, 18 March 1896, on cover sheet to file NLP 1896/23. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.7–8.

8 Chief Land Purchase Officer to Land Purchase Officer Thames, 24 March 1896, on cover sheet to file NLP 1896/23. Maori Affairs Head Office file 1896/109. Supporting Papers #B108.7–8.

9 Auckland Deed 1939. Supporting Papers #A251.

10 Land Purchase Officer Thames to Chief Land Purchase Officer, 16 April 1896, on cover sheet to file NLP 1896/23. Maori Affairs Head Office file MLP 7896/109. Supporting Papers #B108.7–8.

11 New Zealand Gazette 1896 pages 7075–7076. Supporting Papers #W29.1–2.

12 Land Purchase Officer Thames to Chief Land Purchase Officer, to August 1896. Maori Affairs Head Office file MLP 7896/709. Supporting Papers #B108.9.

13 WC Spencer to Chief Surveyor Auckland, undated, on Land Purchase Officer Thames to Chief Land Purchase Officer, 10 August 1896. Maori Affairs Head Office file MLP 1896/109.

Supporting Papers #B108.9.

27

THE HAURAKI TRIBAL LANDS—PART 2

The Chief Surveyor then advised that

The small areas were cut out by linkages as shown on Conveyance to Crown. As the land is Crown Land and not likely to be selected, there is little chance of graves being interfered with.14

In October 1896 Raima Te Hemoata, Waata Tiaia and Hapimana Hikihiki wrote to Main

The portion of the Marokoka block set apart as a reserve at Te Rewarewa is all wrong. Only 3 acres has been surveyed and Repiu Tokata's houses have been excluded, and the whole of the graves also.

We therefore ask you to have the survey corrected so as to take in Repiu Tokata's houses and all the graves.

The second reserve at Hinahina in the Marokoka block, namely 20 acres, should be adhered to. But Mangarahi survey is quite correct, namely to acres.

Now this is a prayer from us the successors to Repiu Tokata to have these errors in the survey rectified. If the surveyor goes there again, let him apply to Hapimana Hikihiki and Waata Tiaia to point out the graves etc, so that the correct acreage may be laid off.15

The Chief Surveyor agreed that

Mr Spencer will cut out the true burial reserves shortly. 16

Spencer completed his survey of the three reserves in May 1897.17 Because they were excluded from the purchase they remained in the ownership of Repiu Tokata.

Hinahina Reserve

This reserve of 30 acres was purchased in October 1898. The purchaser may have been

M O'Connor.

Mangarahi Reserve

There is a note on the survey plan that this reserve of 10 acres was "removed on C/T 85/18". It was purchased in January 1977.

Rewarewa Reserve

This reserve of 20 acres is not to be confused with the adjoining Te Rewarewa Block. Part is noted on the survey plan as "removed on C/T 85/18".

An intention to take 2 acres o roods 6.9 perches of Rewarewa Reserve for road was notified in 1939.18 The land was taken under the Public Works Act the following year.19 The road makes a dog-leg around a burial ground marked on the survey plan.

Rewarewa was purchased in January 1966.

14 Chief Surveyor Auckland to Chief Land Purchase Officer, 26 August 1896, on Land Purchase Officer Thames to Chief Land Purchase Officer, 10 August 1896. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.9.

15 Raima Te Hemoata, Waata Tiaia and Hapimana Hikihiki, Thames, to Land Purchase Officer Thames, 20 October 1896. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.10–12.

16 Chief Surveyor Auckland to Chief Land Purchase Officer, 12 December 1896, on Raima Te Hemoata, Waata Tiaia and Hapimana Hikihiki, Thames, to Land Purchase Officer Thames, 20 October 1896. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.10–12.

17 Hamilton Maori Land plans 5701A&B and 5701C. Supporting Papers #N181 and N182.

18 New Zealand Gazette 1939 page 2514. Supporting Papers #W70.1.

19 New Zealand Gazette 1940 page 974. Supporting Papers #W71.1.

28

MARUERUE

AREA   242 acres 1 rood 10 perches

PLAN   Hamilton Maori Land plan 3685

CERTIFICATE OF TITLE

(Hamilton Land Registry) 9/212 (95/119)

PURCHASED BY   Mercury Bay Sawmill Company Limited

DATE   I July 1878

PURCHASE PRICE   £25

TRANSFER DOCUMENT

(Hamilton Land Registry) None available=

1   Purchase referred to in AJHR, 1883, G-6, page 5. Supporting Papers #U15.2.

The Company was determined to be the owner of the block by an Order of the Native Land Court, 26 June 1879. Hamilton Land Registry Provisional Register 10/4.

29

MOEWAI

AREA   882 acres

PLAN   Hamilton Maori Land plan 1484

OWNERS   Enoka Puia and 8 others

CERTIFICATE OF TITLE (Hamilton Land Registry) 76/2221

PURCHASED BY   Archibald Smith and William Meikle

DATE   24 April 1873

PURCHASE PRICE   £250

TRANSFER REFERENCE Deeds Register Book 2D page 263 (Auckland Land Registry) Deeds Book D7 pages 412-416

The Resident Magistrate at Coromandel made inquiries on behalf of the Trust Commissioner, and reported in July 1873 that

I have delayed communicating with you ... in the expectation that some of the parties interested in the matter would wait on me with respect to it.

I casually met Mr WJ Young, the licensed interpreter, a few days since, and informed him of the circumstances. Riria Karepe was brought to me by him and I have examined her as to the bona fides of the conveyance. I attach the result of my questions, which is satisfactory, and I also learned from her the following facts respecting the position of the Grantees of the property.

Enoka Puia, Ruihana Kawhero and Riria Karepe are the principal owners, Rewi Ngamaka Taupoki, Ripeka Titiparu, Wikitoria Nohohau, Matawini Haururu, all of whom have executed the deed, are owners but of lesser interest, and Wiremu Taripono, who has not signed, holds a smaller interest than any who have signed.

The last named native lives at Shortland, and I now beg to return the Deed for the purpose, if you please, of it being forwarded there for his signature and examination.'

Ruihana Kawhero and Wikitoria Nohohau confirmed that they had sold their interests and received the money due to them, in January and February 1873 respectively.3

1 This title was issued on the basis of Hamilton Land Registry Application 3200.

2 Resident Magistrate Coromandel to Trust Commissioner Auckland, 8 July 1873. Papers for Application 1873/84. Trust Commissioner Auckland's 1873 Papers. Suppoting Papers #M1.19-27 at 23-25.

3 Statement by Assistant Native Agent Thames, 24 January 1873, and Statement by Resident Magistrate Coromandel, 5 February 1873. Papers for Application 1873/84. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #M1.19-27 at 26 and 27.

30

NGARAHUTUN OA

AREA   211 acres

PLAN   Hamilton Maori Land plan 2716

31

OTEAO 1

CREATED 26 May 1876

AREA   II0 acres

PLAN   Hamilton Maori Land plan 2715

Investigation of Title

There were four applications made for the investigation of title to Oteao 1. The first was by Arama Whakatau in September 1873.1 Then in December 1873 Rahera Te Aoreiata of Ngati Hei lodged an application.2 When, in November 1875, the block had been surveyed, Rahera Te Aoreiata and Erana Te Oneone of Ngati Hei repeated Rahera's application.3 The third application was made in October 1874 by Mita Whakatau.4 The fourth application was made in January 1876 by Rawiri Taiporutu, Rehara Arama and Rahera Reupene of Ngatiparekaiata hapu of Ngati Hei.5

There was a hearing by the Court in May 1876. The block was awarded to Mita Whakatau (as to two shares), and Matahira Whakatau, Rehara Whakatau, Rahera Tanui and Erana Te Oneone (as to one share each), all of Ngati Hoko hapu of Ngati Hei.6

Purchase and Leasing of Interests in Oteao

Two of the five owners, Rahera Tanui and Erana Te Oneone, sold their interests to Alfred Edward Johnston, an Auckland accountant, in December 1897 for £5 each.7 Johnston later transferred his one-third interest in the block to the Kauri Timber Company Ltd.

The owners who held the other two-thirds of the shares in the block leased their interests to Leyland O'Brien Timber Company Ltd for 10 years from March 1906.8

Land Taken for Road

2 roods 7.8 perches of Oteao I was taken for road in January 1924.9 Compensation was considered by the Native Land Court in October 1924, when a nil award was made.10

1 Application for Investigation of Title, 9 September 1873. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.1.

2 Application for Investigation of Title, 10 December 1873. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.2.

3 Application for Investigation of Title, 15 November 1875. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.4.

4 Application for Investigation of Title, 15 October 1874. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.3.

5 Application for Investigation of Title, 17 January 1876. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #14.5.

6 Order of the Court, 26 May 1876. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.6-7.

7 Hamilton Land Registry Transfer 22826. Supporting Papers #Q6o.

8 Hamilton Land Registry Lease 3052. Supporting Papers #Q170.

9 New Zealand Gazette 1924 page 244. Supporting Papers #w56.1.

10 Order of the Court, 22 October 1924. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.8.

32

OTEAO 2

CREATED 26 May 1876

AREA   126 acres

PLAN   Hamilton Maori Land plan 2916

Oteao 2, a patch of kauri forest alongside the Oteao Creek, was surveyed by Edward Dean.1 The block formed an enclave surrounded by Oteao 3.

Investigation of Title

Application for investigation of title to Oteao 2 was made by Arama Whakatau in September 1873.2 A second application was made in November 1875 by Rahera Te Aoreiata and Erana Te Oneone of Ngati Hei.3

The application was heard in May 1876. The block was awarded to the same persons as were awarded Oteao 1, Mita Whakatau (as to two shares), and Matahira Whakatau, Rehara Whakatau, Rahera Tanui and Erana Te Oneone (as to one share each), all of Ngati Hoko hapu of Ngati Hei.4

Purchase of Oteao 2 by the Crown

Oteao 2 was purchased by the Crown for £19 (i.e. just over 3/- an acre) in a deed dated August 1878.5 The deed was certified by the Trust Commissioner later the same month.

Oteao z was declared Waste Lands of the Crown in February 1879.6

1 Hamilton Maori Land plan 2916. Supporting Papers #N88.

2 Application for Investigation of Title, 9 September 1873. Maori Land Court Block Orders file C165. Supporting Papers #K9.I.

3 Application for Investigation of Title, 15 November 1875. Maori Land Court Block Orders file C165. Supporting Papers #K9.2.

4 Order of the Court, 26 May 1876. Maori Land Court Hamilton Block Orders file C165.

Supporting Papers #K9.3.

5 Auckland Deed 1049. Supporting Papers #A99.

6 New Zealand Gazette 1879 pages 292-293. Supporting Papers #W12.3-4.

33

OTEAO 3

CREATED I August 1878

Hauraki Minute Book 10 pages 320-321

AREA   1340 acres

PLAN   Hamilton Maori Land
plan 3688-9

Investigation of Title

Oteao 3 was surveyed by Edward Dean in August 1877.1

Application for investigation of title to Oteao 3 was made by Arama Whakatau of Ngati Hei in April 1878.2

Even before title had been investigated by the Court, an application was made, in April 1878, by the Native Minister to have the Court determine what interest in Oteao 3 had been acquired by the Crown.3

The Crown in May 1878 notified that monies had been paid for interests in an Oteao 3 block, supposed to contain 2500 acres in two portions, and that purchase of the block was being negotiated by the Government.4

The Court sat to consider the applications in July 1878. Arama Karaka Whakatau stated that I live at Ohinemuri and belong to N' Hei. The owners of this land are myself, Rehara Whakatau, Matahera Whakatau, Rahera Tanui, Erana Te Oneone and Rawiri Taiporutu.5

At this point JW Preece, representing the Crown, said that the Government had advanced £101 on the block. This was challenged by Arama Karaka Whakatau, who gave evidence that

Mr Mackay did not give me on the 27th April 1875 £96 on account of this land. He gave me at

the Court at Coromandel 2nd June 1876 £5.

My name was Mita before my father's death. At his death I took the name of Arama. I was christened Mita. Mr Mackay has not paid debts for me to the amount of £96. ... I know of the money paid me by Mr Mackay. I have had £5 paid to me here at Shortland, and £5

at Coromandel, also my sister Matahera £5. £15 is all the money I acknowledge to have received from him, I never signed an English document respecting the survey. I never signed any document like the one (voucher) now before the Court.

I have signed a receipt on an ordinary piece of paper for £5.6

1 Hamilton Maori Land plan 3688-9. Supporting Papers #N149.

2 Application for Investigation of Title, 2 April 1878. Maori Land Court Block Orders file C164. Supporting Papers #K8.i.

3 Native Minister to Chief Judge Native Land Court, 8 April 1878. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.2-4.

4 New Zealand Gazette 1878 pages 600-608, at page 607. Supporting Papers #W11.1-9.

5 Hauraki Minute Book 10 page 320. Supporting Papers #J16.48.

6 Hauraki Minute Book 10 pages 320-321. Supporting Papers #J16.48-49.

34

Mercury Bay District: Oteao 3

Because of this stout denial, Preece applied for and obtained a 14 day adjournment to obtain further evidence from Wellington.7

However Oteao 3 was awarded the next day to Mita Whakatau, Rehara Whakatau, Matahera Whakatau, Rahera Tanui, Erana Te Oneone and Rawiri Taiporutu.8

Costs of £3–19–6d were awarded against Mita Whakatau in favour of Preece.9

A survey lien of £50 against Oteao 3 was notified.10 This was cancelled when the block had been purchased by the Crown.11

Purchase of Oteao 3 by the Crown

Oteao 3 was purchased by the Crown for 234–10–0d (i.e. 3/6d an acre) in a deed dated August 1878.12 The deed was certified by the Trust Commissioner in February 1879.

Oteao 3 was declared Crown Land in February 1879.13

7 Hauraki Minute Book 10 page 321. Supporting Papers #J16.49.

8 Order of the Court, 1 August 1878. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.5.

9 Order of the Court, 3 August 1878. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.7.

10 Deputy Inspector of Surveys Auckland to Chief Judge Native Land Court, 18 June 1878. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.8.

11 Chief Surveyor Auckland to Chief Judge Native Land Court, 24 January 1879. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.9.

12 Auckland Deed 1047. Supporting Papers #A97.

13 New Zealand Gazette 1879 pages 292–293. Supporting Papers #W12.3–4.

35

OTEAO 4

CREATED   I August 1878

AREA   184 acres

PLAN   Hamilton Maori Land plan 3688-9

Investigation of Title

Oteao 4 was surveyed by Edward Dean in August 1877.1

In August 1878 Oteao 4 was awarded to the same owners as were awarded Oteao 3, Mita Whakatau, Rehara Whakatau, Matahera Whakatau, Rahera Tanui, Erana Te Oneone and Rawiri Taiporutu.2

In October 1896 Mita Whakatau and others sold the timber on Oteao 4 to Peneamine Tanui and leased the harvesting rights for 21 years for £50.3 Application was made to have the sale confirmed.4

Judge Mair inquired into the circumstances and made an order confirming the deed on zz May 1897,5 but subsequently it was discovered that Rahera Tanui's signature was not witnessed.6

The order of confirmation of the other signatures on the deed was made in February 1899.

Some doubt later arose as to whether a declaration required to be made under Section 5 Native Land Laws Amendment Act 1895 was made.?

Purchase of Interests in Oteao 4 by the Crown

Interests in Oteao 4 were purchased by Gilbert Mair for the Crown between July 1898 and July 1899.8 The price paid was on the basis that the whole block would be purchased for £36 (i.e. nearly 4/- an acre).

1 Hamilton Maori Land plan 3688-9. Supporting Papers #N149.

2 Order of the Court, 1 August 1878. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.6.

3 Timber Lease, io October 1896. Copy (incomplete) on Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.1-5.

4 Application for Confirmation of Alienation, 29 October 1896. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.10.

5 Hauraki Minute Book 45 page 18.

6 ET Dufaur, Solicitor, Auckland, to Registrar Native Land Court Auckland, 9 February 1899. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.11-12.

7 Registrar Native Land Court Auckland to Chief Land Purchase Officer, 8 December 1899, attached to Timber Lease (incomplete), 10 October 1896, and Dufaur and MacCormick, Solicitors, Auckland, to Registrar Native Land Court Auckland, 9 December 1899. Maori Affairs Head office file MLP 1899/190. Supporting Papers #B134.1-5 and 6-9.

8 Auckland Deed 3242. Supporting Papers #A297.

36

Mercury Bay District: Oteao 4

In July 1898 the Minister of Lands applied to the Court to have the interests owned by the Crown in Oteao 4 defined.9

The application was heard in September 1899, when 175 acres was awarded to the Crown as Oteao 4A, and 9 acres was awarded as Oteao 4B to the two non-sellers, Merehana Eparaima and Ani Eparaima.10 They were two of the successors to Matahera Whakatau. Mair advised the Chief Land Purchase Officer after the hearing of its outcome.

The Crown claim was dealt with by the Native Land Court here on 30th September. Mr MacCormack appeared on behalf of the Kauri Timber Company, who claim to have purchased the timber, estimated at half a million feet, from the owners. He therefore asked that the award to the Crown be made subject to the Kauri Timber Company's rights, which he stated were acquired about 1894 but only registered after the Crown had commenced its purchase. After some argument, the court decided that the company must protect itself by an action in the Supreme Court should it desire so to do, and granted the award to the Crown of the area applied for, viz 175 acres to be called 4A. Nine acres being cut off for the two non-sellers.11

This brought a query from the Chief Land Purchase Officer as to when the purchase had been authorised - apparently he was unable to locate the departmental file.12 Mair replied that

I ... have been making a thorough search through my papers, which have got mixed up in consequence of moving from house to house several times. I can find no papers whatever on Oteao No 4. I can only remember sending you an offer from Rahera, Peneamine and others to sell the land, and after some time I received a memo from you telling me to buy at £6 per share.

I cannot even find this minute now, but will make one more search.13

Mair was asked to

ascertain from Peneamine Tanui whether he has disposed of any interest which he may have acquired under this [timber lease] deed.. Get particulars as fully as possible.14

He replied that

Peneamine Tanui died in March or April [1899]. I wrote direct to Rahera Tanui, his wife, to see if she could give any information, but have received no reply. I have heard incidentally that the K.T. Company advanced Peneamine about Loo on account of the timber on Oteao No 4, that he left a will in favour of his numerous children.15

Oteao 4A was declared Crown Land in July 1900.16

9 Minister of Lands to Chief Judge Native Land Court, 26 July 1898. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.13.

10 Orders of the Court, 30 September 1899. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.14–17.

11 Land Purchase Officer Thames to Chief Land Purchase Officer, 7 October 1899. Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.10.

12 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 20 October 1899. Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.11.

13 Land Purchase Officer Thames to Chief Land Purchase Officer, date not known. Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.11.

14 Chief Land Purchase Officer to Land Purchase Officer Thames, 30 December 1899. Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.12.

15 Land Purchase Officer Thames to Chief Land Purchase Officer, 1 March 1900. Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.12.

16 New Zealand Gazette1900 page 1341. Supporting Papers #W33.3.

37

OUNUORA

CREATED 29 March 1869

Coromandel Minute Book 1 pages 125-126

AREA   527 acres

OWNERS Ngakuku solely

PURCHASED BY   Ranolph Dacre

Dacre had arranged for the survey of the block prior to title being investigated by the Court.1 Dacre purchased the block from Ngakuku's successor, Paraku Haimona.

1 Hauraki Minute Book 6 page 240. Supporting Papers #12.20.

38

OUNORA 2

CREATED   5 October 1870

Hauraki Minute Book 6 pages 237-241, and Coromandel Minute Book 2 pages 44-4161

AREA   5093 acres

PLAN   Hamilton Maori Land plan 1959

SOLD TO CROWN 21 February 1878

Investigation of Title

In May 1870 Reupena Tahura, Henare Whakarongohau and others of Ngati Hei, through their agents Preece and Graham, applied to have the title to Ounuora 2 investigated.2

In July 1870 RC Jordan completed the survey of the block, and

certified that the lines marked on this plan are properly cut and pegged,and that the work was executed under my supervision.3

George Wiltshire, working under Jordan's supervision, had done most of the survey work. When the plan was checked in September 1870, it was identified that it included Ounuora Block which had already been granted.

At the hearing,4 Reupena Tahura claimed from the ancestor Taura, whose son was Korokaimaroro. He said that Korokaimaroro's descendants have had possession of this land ever since his day, and have continually exercised rights of ownership over it, catching birds, rats, getting berries, and doing all other things of Maori work. No one ever disputed our title or tried to eject us.... We have no cultivations on this block.'

George Wiltshire, one of the surveyors of the block, told the Court that

I also made the plan. The whole of the lines are cut except the south boundary and that it was not possible to cut. The survey has been made in accordance with the Rules of the N.L. Court. I was not gazetted as a Licensed Surveyor at the time I made the survey. Mr Jordan was with me, he surveyed a part of the block and tested my survey. We plotted the work together. The boundaries were pointed out to me by Reupena. I was aware that there had been a survey of a part of the block but was not aware that the land had been granted. Reupena did not tell me that

1 The Coromandel Minute Book appears to be a copy of the Hauraki Minute Book.

2 Application for Investigation of Title, 23 May 1870. Maori Land Court Hamilton Block Orders file C189. Supporting Papers #K10.1.

3 Hamilton Maori Land plan 1959. Supporting Papers #N28.

4 Hauraki Minute Book 6 pages 237-241, and Coromandel Minute Book 2 pages 414-416. Supporting Papers #J12.17-21 and J2.156-158.

5 Hauraki Minute Book 6 pages 238-239, and Coromandel Minute Book 2, pages 414-415. Supporting Papers

#J12.18-19 and J2.156-157.

39

THE HAURAKI TRIBAL LANDS—PART 2

any piece was to be excluded. No portion of Mr Davis' survey encroaches on the Kaimarama Block adjoining the (NW). I have no lien for survey.6

Reupena's conductor told that Court that to avoid any delay in granting the block, he would guarantee that the Ounuora Block would be shown on the survey plan.

The Court in October 1870 ordered a certificate of title to be issued for Ounuora 2 to Reupena Tahura, Henare Whakarongohau, Haimona Ngaroma, Te Wharepa and Repiu Tokata.7 Pursuant to Section 17 Native Lands Act 1867, the names of 16 persons (including the five Grantees) were registered as having an interest in the block.8 The block was made inalienable.

Following the Court hearing, the survey plan was "returned to Mr Wiltshire, Surveyor, to exclude land granted to Mr Dacre, also Whanauroroa of 170 acres, and recompute area."9 The alterations were approved by the judge in December 1870.10

Ounuora 2 does not include the Whanauroroa Block of 170 acres, which is located within the boundaries of Ounuora 2. At the 1870 Court hearing it was stated that

Te Moananui's piece had been excluded and a separate map made of it. It was the claim called W hanauroroa .11

Timber Lease

In May 1872 the owners sold the timber and leased the timber harvesting rights for 21 years to the Mercury Bay Sawmill Co Ltd. They were paid £250 for the timber, and were entitled to an annual rental of 5/- "if and when demanded."12 The Trust Commissioner certified the lease in January 1873.

Purchase by the Crown

L20 was paid by James Mackay to Repiu Tokata in April 1875, as an advance on the purchase of Ounuora 2 for "about 1/6" an acre. 13

In January 1878 the hearing of an application by Paraku Haimona for partition of Ounuora 214 was adjourned, because the Crown opposed the application as it had paid deposits on the land.15

6 Hauraki Minute Book 6 pages 239–240, and Coromandel Minute Book 2 page 415. Supporting Papers #J12.19–20 and J2.157.

7 Hauraki Minute Book 6 pages 237–241, and Coromandel Minute Book 2 pages 414–416. Supporting Papers #J12.17–21 and J2.156–158.

Order of Court, 5 October 1870. Maori Land Court Hamilton Block Orders file C189. Supporting Papers

#K10.2.

8 Order of Court, 5 October 1870. Maori Land Court Hamilton Block Orders file C189. Supporting Papers #KI0.3–4.

9 Hamilton Maori Land plan 1959. Supporting Papers #N28.

10 Hamilton Maori Land plan 1959. Supporting Papers #N28.

11 Hauraki Minute Book 6 page 240. Supporting Papers #J12.20.

12 Timber Lease, 1 May 1872. Copy with Auckland Deed 1079. Supporting Papers #A1o5.

13 Payment Voucher, 27 April 1875. Maori Affairs Head Office file MLP 1881/n4. Supporting Papers #B34.1.

14 Application for Partition, 18 April 1877. Maori Land Court Hamilton Block Orders file C189.

Supporting Papers #K10.5.

15 Coromandel Minute Book 3 page 75. Supporting Papers #J3.10.

40

Mercury Bay District: Ounuora 2

In February 1878 the owners sold the block to the Crown for ism. The sale provided for a Crown Grant to be issued in favour of the sellers for a small reserve of 25 acres.16 This reserve was at the mouth of Owhero Creek and Ounuora River on the Whitianga Harbour.

The Crown in May 1878 notified that monies had been paid for interests in the Ounuora 2 Block, and that purchase of the block was being negotiated by the Government.17 In July 1878 JW Preece, the Crown's land purchase officer, telegraphed that

Ounuora and Waiwawa, two blocks purchased, commenced by Mr Mackay, and I find held under lease of timber rights by private parties. Government have only one hundred and twenty pounds paid, besides one hundred and thirty for which he has not obtained vouchers. Natives admit payment of same. The purchase money will amount to over nine hundred pounds at two shillings an acre. Were it only a matter of the £120 paid by Government, I should consider it better to abandon this purchase rather than pay, but it is a matter of good faith. They are a respectable lot of natives and wish to meet their engagements. Besides the amount due to Mackay, they incurred considerable debts to storekeepers on the faith that the land was to be purchased by Government, and are anxious to meet these liabilities. I myself consider the purchase a valueless one, the land being encumbered by the timber leases, but under the circumstances I think the agreement made by Mr Mackay should be carried out. Please let me have your reply today, as all the natives but three are here and want to get away.18

Sheehan, the Native Minister, decided that "we must abide by our bargain."19

Further payments were made to the owners in August and September 1878. Repiu Tokata and

Paraku Haimona were paid £63–15–0d, while Hapimana Hikihiki, Rahera Te Aoreiata, Erana Te Onerere, Ereatara Tinirau, Wiremu to Huia, Reupena Tahura, Raima Te Mapihi, Henare

Whakarongohau, and Waata Tiaia were paid half that amount, £31–17–6d. Noa Weri, Enoka Puia and Rewi Ngamuka received £31–17–6d each in February 1879.20

The purchase of the block by the Crown was notified in April 1879.21

After the deed had been completed, it was forwarded to the Trust Commissioner for certification. The Trust Commissioner identified that Court fees of £3 were unpaid, and that the title to the block was subject to restrictions preventing sale or lease for a period of 21 years or less.22 In reply, it was explained that

I find on looking up the Certificate of Title for this land that it passed the Court under the 17th Section of the N.L. Act 1867. This prevented any partial sale of the land until a subdivision took place, but it in no way interferes with a sale by all the grantees. The restriction on the order reads "that the whole Block be made inalienable by sale, gift or mortgage, or by lease for a longer period than 21 years until subdivided."

16 Auckland Deed 1079. Supporting Papers #A105.

17 New Zealand Gazette1878 pages 600–608, at page 607. Supporting Papers #W1.1–9.

18 Telegram Land Purchase Officer Thames to Under Secretary Native Department, 2 July 1878. Maori Affairs Head Office file MLP 1882/114. Supporting Papers #B34.2–4

19 Native Minister to Under Secretary Native Department, 27 July 1878, on Telegram Land Purchase Officer Thames to Under Secretary Native Department, 2 July 1878. Maori Affairs Head Office file MLP 1881/14. Supporting Papers #B34.2–4.

20 Payment Vouchers, various dates. Maori Affairs Head Office file MP 1881/114.

Supporting Papers #B34.9–23.

21 New Zealand Gazette1879 pages 463–464. Supporting Papers #W12.8–9.

22 Trust Commissioner Auckland to Civil Commissioner Auckland, 18 April 1879. Maori Affairs Head Office file MLP 1881/114. Supporting Papers #B34.26.

41

THE HAURAKI TRIBAL LANDS—PART 2

If there is still a doubt as to whether the Commissioner considers this restriction prevents the land passing to the Crown, will you be good enough to see Mr Judge Monro who made the order and request him to explain the restriction put on the land. I understand that all the grantees interested in the Block have signed the deed conveying their interests to Her Majesty.23

This appears to have satisfactorily explained the matter, as the Trust Commissioner then certified the deed in October 1879.

Status of the 25 Acre Reserve

This reserve became known as Ounuora 2A. It was at a place known as Mokirahi.

In 1881 the Registrar of the Native Land Court advised that Rapana Te Uia had not been succeeded to. This was even though the signature of Paraku Haimona had been obtained to the sale of Ounuora 2, on the understanding that Paraku was Rapana's successor. So Wilkinson signed an application on Paraku's behalf to have successors to Rapana determined by the Court,24 so that the Crown Grant for Ounuora 2A could be issued in Paraku's name (among others). Paraku Haimona was determined to be the successor to Rapana Te Uia in April 1883.

A Crown Grant was issued under Section 5 Volunteers and Other Lands Act 1877 to Reupena Tahura and 15 others.

The reserve remained in Maori ownership until the 1960's, when the Maori Trustee acting for the owners sold the block to Pareraukawa Judith Balsom.25 She was determined in 1968 to be a European,26 so the sale was deemed to be an alienation, and the land then became General Land.

Whanauroroa

In April 1896 the Commissioner of Crown Lands advised that

A large quantity of kauri timber has been removed from [Whanauroroa] and I am given to understand that it either is Crown Land altogether or the Crown has a large interest in it. I have been writing to Captain Mair about it, and he referred me to Mr Wilkinson, and on applying to that gentleman he says that he cannot remember exactly whether he purchased these 170 acres from the Natives or not, and advised me to communicate with you.27

However,

Whanauroroa is not Crown Land, nor has the Government any interest in it. The natives would not sell at your valuation.28

23 Under Secretary Native Land Purchase Department to Civil Commissioner Auckland, 26 September 1879, on cover sheet to file NLP 1879/41. Maori Affairs Head Office file MLP 1881/114. Supporting Papers #B34.27.

24 Land Purchase Officer Thames to Accountant Native Land Purchase Department, 5 July 1881, on cover sheet to file NLP 1881/114. Maori Affairs Head Office file MLP 1881/114. Supporting Papers #B34.29.

GT Wilkinson, Thames, to Registrar Native Land Court, 5 July 1881. Maori Land Court Hamilton Block Orders file C189. Supporting Papers #K10.6.

25 Hauraki Minute Book 80 pages 133–134. Supporting Papers #178.3–4.

26 Hauraki Minute Book 80 pages 85–86. Supporting Papers #J78.1–2.

27 Commissioner of Crown Lands Auckland to Chief Land Purchase Officer, 29 April 1896. Maori Affairs Head Office file MLP 1894/386. Supporting Papers #1390.1–2.

28 Chief Land Purchase Officer to Commissioner of Crown Lands Auckland, 6 May 1896, on Commissioner of Crown Lands Auckland to Chief Land Purchase Officer, 29 April 1896. Maori Affairs Head Office file MLP 1894/386. Supporting Papers #B90.1–2.

42

Mercury Bay District: Ounuora 2

Apparently an offer of 2/- an acre had been made, probably in 1894,

because it was known at this office that the timber had already been cut by the Company, but it was supposed that native owners had sold such rights, as they have done in so many cases. 2/- an acre is ample for this land denuded of its kauri.29

Mair was asked if the timber had been sold or disposed of, and he replied that

I have inquired of Meha Te Moananui who cut the timber, and he does not know, but supposes it has been taken by the old Timber Company by mistake, as it had the surrounding lands.30

29 Chief Surveyor Auckland to Chief Land Purchase Officer, 8 May 1896, on Commissioner of Crown Lands Auckland to Chief Land Purchase Officer, 29 April 1896. Maori Affairs Head Office file MLP 18941386. Supporting Papers #B90.1–2.

30 Land Purchase Officer Thames to Chief Land Purchase Officer, 10 June 1896, on Commissioner of Crown Lands Auckland to Chief Land Purchase Officer, 29 April 1896. Maori Affairs Head Office file MLP 1894/386. Supporting Papers #B90.1–2.

43

TE PUIA

A survey plan of Te Puia block, with a given area of 8300 acres was prepared by Godfrey Knight.1 The date of this plan is not known.

Te Puia block (8350 acres) was purchased by the Crown in February 1865. There were 22 signatures of persons from Ngati Koheru and Ngati Rakawera on the deed. The purchase price was 1878-15- od (i.e. 416d an acre).2 James Preece was the Crown's purchase officer, and James Mackay (Civil Commissioner for Hauraki) and Charles Lawlor (Resident Magistrate at Coromandel) witnessed the deed.

Notification that Native Title to Te Puia had been extinguished was given in November 1869.3

Orua Block

An Orua block was purchased by the Crown in June 1858 for £300 from Ngati Paoa.4 Donald McLean was the Crown's purchase officer. The description of the boundaries in the deed suggest that the land purchased was within what were later known as the Te Puia and Te Hoho Blocks.

1 Hamilton Maori Land plan 1L. Supporting Papers #N270.

2   Turton's Deeds, Deed 340, pages 418-420. Supporting Papers #T2.60-62. Turtoth Deed Plans. Supporting Papers #T3.43.

3 New Zealand Gazette1869 pages 626-627. Supporting Papers #W3.1-2.

4   Turtons Deeds, Deed 293, pages 361-362. Supporting Papers #T2.3-4.

44

PUNGAREHUROA

AREA   355 acres

PLAN   Hamilton Maori Land plan
6022

OWNERS Ereatara Tinirau, Rahera Tanui, Erana Te Onerere and Rehara Kara

CERTIFICATE OF TITLE (Hamilton Land Registry) 631/260

In April 1890 Peneamine Tanui offered Pungarehuroa and Makomako to the Crown.

Those blocks are at Gumtown [Coroglen] and abut upon the land sold to Europeans there. £2 per acre was the price of the block sold to Mr Charles Carina by Reupena and Repiu and others. The lands that are in the township were sold for £10 per acre. The blocks that are offered for sale to you are two subdivisions of the land (in that locality), viz., Te Makomako containing 315 acres, and Pungarehuroa containing 355 acres. They adjoin each other and conjointly contain 670 acres. ... I am [the owners'] spokesman (agent). The price asked per acre is ro/-.1

Wilkinson, to whom the letter was addressed, passed it on to Wellington, adding that

It is so long now since I was at Mercury Bay that I forget the exact position of the two blocks offered, also the quality of the land. It will be seen however from the map that I send herewith that one - if not both of them - joins Crown Land. They have also the advantage of having only a very few owners, so that the purchase could soon be completed if decided upon. Possibly the Survey Department have some information as to the quality and value of the land.2

The Surveyor General was asked if the purchase would be desirable. He replied that

The two blocks passed the Court are too small to be of any use for settlement purposes, unless the soil were particularly good, which it is not in this instance or both blocks would have been purchased long ago by the settlers at Gumtown living within a mile of the place. The larger block I know personally, and with the exception of a few strips along the rivers, is not worth buying at any price.3

Based on this advice the Native Minister decided that the Government did not wish to purchase the blocks.4

In February 1895 the owners of Makomako tried again to sell the two blocks to the Crown. This is good land fit for farming purposes, partly covered with fern, tupakihi and koromiko. There is also some bush on one portion. There are also about 4o kauri trees growing there. On

1 Peneamine Tanui, Whitianga, to Land Purchase Officer Otorohanga, 22 April 1890, attached to Land Purchase Officer Otorohanga to Under Secretary Native Department, 8 May 189o. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.1-7.

2 Land Purchase Officer Otorohanga to Under Secretary Native Department, 8 May 189o. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.1-7.

3 Surveyor General to Under Secretary Native Department, 27 May 189o, on cover sheet to file NLP 1890/152. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #898.8.

4 Under Secretary Native Department to Native Minister, 29 May 1890, approved by Native Minister, 29 May 1890, on cover sheet to file NLP 1890/152. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.8.

45

THE HAURAKI TRIBAL LANDS—PART 2

the portion known as Pungarehuroa there are some quartz reefs, but not more than 20 acres in extent. The land is partly flat with easy slopes, good land and mostly ploughable. ... The land is close to Gumtown, Whitianga. We consider it is worth 10/- an acre.5

The response in Wellington was that

There is no use the Natives making such absurd offers. The Government might for the purposes of extinguishing the Native title, if the Natives have a sufficiency of lands elsewhere, go as high as 2/- an acre.6

This offer was communicated to the owners, but there is no record of the matter being taken further.

5 Rahera Tanui, Erana Te Onerere and Taumaha Kara, Whitianga, to Land Purchase Officer Thames, 15 February 1895. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.9 –10.

6 Chief Land Purchase Officer to Land Purchase Officer Thames, 5 March 1895, on cover sheet to file NLP 1895/115. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.11.

46

PURANGI

Extinguishment of Native title to Purangi Block was notified in January 1862.1 The block was said to have an area of 8340 acres. The block is shown on a survey plan of the district.2

1 New Zealand Gazette 186z pages 13-15. Supporting Papers #W1.1-3.

2 Hamilton Maori Land plan 15834. Supporting Papers #N264.

47

RANGIHAU

CREATED 19 December 1871

Coromandel Minute Book 2 pages 270-271

AREA   9000 acres

On survey became 9162 acres PLAN   Hamilton Maori Land plan 2286

Investigation of Title

Application for investigation of the title to Rangihau was made by James Mackay as agent for Repiu Tokata of Ngati Hei in August 1871.1

The application was heard in December 1871.2 Repiu Tokata told the Court that Mr Dean surveyed it. I procured the survey. I claim from ancestry. No one disputes my title. My tribe is nearly extinct. ... The greater part of the land is rough bush. I have plenty of good land besides this piece.3

Edward Dean, the surveyor, gave evidence that

The lines are all cut and the angles pegged where practicable. Repiu Tokata pointed out the boundaries. There was no opposition. I have a claim of £152.15.0 [sic] for survey.4

The Court ordered a title to issue in the names of Repiu Tokata and 3 others.5 There were to be no restrictions on alienability.

A survey lien for £152-15-Iod was issued.6 Four days later the lien was transferred to the Mercury Bay Sawmill Company.7 In October 1874 the Sawmill Company relinquished the lien.8

1 Application for Investigation of Title, 22 August 1871. Maori Land Court Hamilton Block Orders file C119. Supporting Papers #K2.1.

2   Coromandel Minute Book 2 pages 270-271. Supporting Papers #J2.132-133.

3 Coromandel Minute Book 2 page 270. Supporting Papers #J2.132.

4   Coromandel Minute Book 2 pages 270-271. Supporting Papers #.J2.132-133.

5 Coromandel Minute Book 2 page 271. Supporting Papers #J2.133.

Order of the Court, 19 December 1871. Maori Land Court Hamilton Block Orders file Cn9. Supporting Papers #K2.2.

6 Notice of Lien, 19 December 1871. Maori Land Court Hamilton Block Orders file C119. Supporting Papers #K2.3.

7 Edward Dean, Auckland, to Judge Munro, 23 December 1871. Maori Land Court Hamilton Block Orders file C119. Supporting Papers #K2.4.

8 Mercury Bay Sawmill Co Ltd, Auckland, to Chief Judge Native Land Court, 27 October 1874. Maori Land Court Hamilton Block Orders file C119. Supporting Papers #K2.5.

48

Mercury Bay District: Rangihau

Timber Lease

In December 1873 Rangihau was leased to the Mercury Bay Sawmill Company Ltd. The lease provided for a sale of the timber on the block for £400, and timber harvesting rights for 21 years at an annual rental of 5/- "if and when demanded."9 The Trust Commissioner certified the lease in November 1874.

Sale to the Crown

Rangihau was sold to the Crown by its four owners in December 1873, three days after the timber lease was signed, for £750 (i.e. just under 1/8d an acre).10 The purchase was subject to the timber lease, which remained in existence.

The Crown's purchase was notified in July 1879.11

9 Timber Lease, 27 December 1873. Turton's Deeds Deed 350, pages 436–441. Supporting Papers #T2.78–83.

10 Auckland Deed 656. Supporting Papers #A63.

Turton's Deeds, Deed 350, pages 436–442. Supporting Papers #T2.78–83.

Turton's Deed Plans. Supporting Papers #T3.56.

11 New Zealand Gazette 1879 pages 923–926. Supporting Papers #W12.11–14.

49

TARANOHO

CREATED 5 October 1870

Hauraki Minute Book 6 pages 233-235, and Coromandel Minute Book 2 pages 411-412

AREA   3796 acres

PLAN   Hamilton Maori Land plan 1972

Investigation of Title

Title to Taranoho was investigated by the Native Land Court in October 1870.1 At the hearing William Graham appeared for Henare Whakarongohau. Whakarongohau had claims over Waiwawa and Taranoho, and the owners of Waiwawa were not disputing his right to Taranoho. He argued that

The land was given to me by Men and Repiu, the principal owners of this and the adjoining blocks. I had claims over the whole. Meri is in the Court. I procured the survey with their consent. There was no deed executed. Merit and Repiu are my cousins. I have abundance of land elsewhere for cultivation. This is nearly all mountain and bush. This land was given to me alone.2

Merl Rangitawau confirmed this.

I am the putake of Waiwawa and Taranoho. The land belonged to my ancestor Te Umuroa, and has descended to me from him. My fathers had the use of the bush. They caught birds and hunted rats and got hinau berries upon it. No one has ever disturbed them or us, we have always been in peaceable possession. We have given this land to Henare Whakarongohau. Repiu is my son.3

William Graham had surveyed Taranoho, and he explained that

The lines were all cut where practicable. Tokatea, Te Wharekopua and Rapaki are fixed points. Nearly the whole of the land is mountain and wooded, the whole quite unfit for cultivation. I have a claim for survey of £118-12-6d. I have no means of getting the money from the natives except by a lien which I apply for.'

The Court ordered a certificate of title for Taranoho in favour of Henare Whakarongohau.5

1 Hauraki Minute Book 6 pages 233-235, and Coromandel Minute Book 2 pages 411-412. Supporting Papers C12.13-15 and J2.154-155.

2 Hauraki Minute Book 6 page 233. Supporting Papers #J12.13.

3 Hauraki Minute Book 6 page 234. Supporting Papers #J12.14.

4 Hauraki Minute Book 6 page 234. Supporting Papers #J12.14.

5 Hauraki Minute Book 6 pages 233-235, and Coromandel Minute Book z pages 411-412. Supporting Papers C12.13-15 and J2.154-155.

50

Mercury Bay District: Taranoho

Timber Lease

In October 1870, 5 days after the ownership of the block was established in the Native Land Court, Henare Whakarongohau leased Taranoho to the Mercury Bay Sawmill Company Ltd. This involved the sale of the timber on the block for £280, and a lease of timber harvesting rights for 99 years at an annual rental of 5/- "if and when demanded."6

Purchase by the Crown

Taranoho was purchased by the Crown from Henare Whakarongohau in September 1872 for £380 (i.e. approximately 2/- an acre).7 Mackay was the Crown's purchase officer, and James Wathen Preece was a witness to the signing.

Taranoho was declared Waste Lands of the Crown in June 1874.8

6 Timber Lease, 11 October 1870. Copy with Auckland Deed 243. Supporting Papers #A2. Turton's Deeds, Deed 348, pages 430–433. Supporting Papers #T2.72–75.

7 Auckland Deed 243. Supporting Papers #A2.

Turtons Deeds, Deed 348, pages 430–433. Supporting Papers #T2.72–75. Turtons Deed Plans. Supporting Papers #T3.50.

8 New Zealand Gazette 1874 pages 403–412. Supporting Papers #W7.4–13.

51

TARAPATIKI

AREA   125 acres

52

TE TIPI

CREATED 4 April 1877

Hauraki Minute Book 9 pages 322-323

AREA   3940 acres

PLAN   Hamilton Maori Land plan 3736

Investigation of Title

Application for investigation of the title to Te Tipi was made in July 1876 by Repiu Tokata and Hi Whakarongohau of Ngati Maru and Ngati Patu.1

The application was heard by the Native Land Court in April 1877.2 Repiu Tokata of

Ngati Hei told the Court that Mr Mackay procured the survey. The

adjoining land Rangihau and Waiwhakaurunga have been through the Court. They were claimed by us, that is, by those who claim with me. We derive our title to Te Tipi from our ancestor Te Umuroa. ... Our ancestors lived permanently on this land. Their work was cultivating the soil, catching birds and gathering berries from the trees, hinau and other berries. No one ever disturbed or ... or disputed their right to the land. It was Te Hapimana who pointed out the boundaries of the land to the surveyor. No one opposed the survey.3

The Court ordered that a title be issued to Repiu Tokata, Henare Whakarongohau, Wata Tiaia, Te Hapimana and Raima Te Hemoata, all of Ngati Hei of Ngati Maru iwi.4

At the Court hearing a survey plan was produced, which was said to have

been compiled by me from surveys of the surrounding blocks, partly chequed [sic] by Mr McCarthy as shown on the plans

However this was found not to conform with the boundaries of adjoining already approved blocks. As a result it was not possible for the judge to immediately sign the order of the Court. Only when some amendments had been made to the plan was it approved.

Sale to the Crown

The Crown in May 1878 notified that monies had been paid for interests in Te Tipi, and that purchase of the block was being negotiated by the Government.'

I Application for Investigation of Title, 14 July 1876. Maori Land Court Hamilton Block Orders file H353. Supporting Papers #K34.1.

2 Hauraki Minute Book 9 pages 322-323. Supporting Papers t15.84-85.

3 Hauraki Minute Book 9 pages 322-323. Supporting Papers #J15.84-8

4 Hauraki Minute Book 9 page 323. Supporting Papers #J15.85.

Order of the Court, unsigned, 4 April 1877. Maori Land Court Hamilton Block Orders file H353. Supporting Papers #K34.2.

5 Hamilton Maori Land plan 3736. Supporting Papers #N151.

6 New Zealand Gazette 1878 pages 600-608, at page 608. Supporting Papers #W11.1-9.

53

THE HAURAKI TRIBAL LANDS—PART 2

Te Tipi was sold to the Crown in September 1878 for £492–10–0d (i.e. 2/6d per acre). The owners agreed to "surrender, convey and assure" the land "together with all rights and appurtenances thereto belonging or appertaining ... for ever". There was no written Maori translation, but both Puckey and Wilkinson declared that the deed had been explained by an Interpreter of the Court "and they appearing clearly to understand the meaning of the same."7

The Crown's purchase of Te Tipi was notified in February 1879.8

7 Auckland Deed 1048. Supporting Papers #A98.

8 New Zealand Gazette 1879 pages 292–293. Supporting Papers #W12.3–4.

54

WAIMAHOE

AREA   110 acres

PLAN   Hamilton Maori Land plan 5460 CERTIFICATE OF TITLE

(Hamilton Land Registry) 38/41

PURCHASED BY   Archibald Smith

DATE   Not known (before July 1884)

TRANSFER DOCUMENT

(Hamilton Land Registry) None available1

1 Smith was determined to be the owner of the block by an Order of the Native Land Court, 19 July 1884. Hamilton Land Registry Provisional Register 15/176.

55

WAIPAHEKE

CREATED   5 December 1877

Coromandel Minute Book 3 page 36

AREA   190 acres

PLAN   Hamilton Maori Land plan 3686-71

OWNERS   Repiu Tokata solely

PURCHASED BY   Mercury Bay Sawmill Company Limited

DATE   I July 1878

PURCHASE PRICE   £15

TRANSFER DOCUMENT

(Hamilton Land Registry) None available2

1   Supporting Papers #N148.

2 Purchase set out in AJHR, 1883, G-6, page 5. Supporting Papers #U15.2. The Company was determined to be the owner of the block by an Order of the Native Land Court, 23 June 1879. Hamilton Land Registry Provisional Register 10/I.

56

WAIPARUPARU

CREATED 27 August 1897

Hauraki Minute Book 45 pages

220-222-238, 240-244, 248-254, 258-259 and 264

AREA   603 acres

PLAN   Hamilton Maori Land plans 4858 and 4858A

Waiparuparu was surveyed by William Tole in June 1881, but his plan was not approved until April 1891.1 The reason for this delay is not known. Two copies of Tole's plan survive. One gives the area of the block as 603 acres, the second gives the area as 635 acres. The plan showing the block to have 603 acres was the plan presented to the Native Land Court at the hearing into the investigation of title, and is therefore the more legally correct area.

The block was awarded to 32 owners, the two chief owners being Hera Puna and Raika Whakarongotai who together owned 38% of the shares.2

A survey charging order was made on the block in favour of William Tole for £45-18- od in April 1898.3

Attempted Purchase by the Crown

In April 1899 Gilbert Mair reported that

Hera Puna and several of the owners of Waiparuparu came today to offer the land for sale. This is a block of almost 600 acres joining the SE boundary of Kakatarahae and sloping into the Mahakirau Valley. It is all heavy bush, less broken than Kakatarahae and somewhat better land. Price asked is 9/- an acre, but 5/- is sufficient, the price paid for Kakatarahae. I think there are about 35 owners. The land passed the Court here about two years ago.4

The Surveyor General's opinion was that

The only reason for buying this piece of land is that it lies between, as it were, two pieces of Government land. It is broken forest country of no value except for mining, but to consolidate the Government estate it ought to be bought if you can get it at 5/- an acre.5

1 Hamilton Maori Land plan 4858A. Supporting Papers #N178.

2 Hauraki Minute Book 45 pages 220, 222-238, 240-244, 248-254, 258-259 and 264.

3 Hauraki Minute Book 47 page 102.

4 Land Purchase Officer Thames to Chief Land Purchase Officer, 24 April 2899. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.1-2.

5 Surveyor General to Chief Land Purchase Officer, 16 September 2899, on cover sheet to file NLP 1899/65. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.3-4.

57

THE HAURAKI TRIBAL LANDS—PART 2

The Minister of Lands approved purchase of the block at 5/- an acre less the cost of the survey lien,6 and Mair was instructed to proceed.7

Mair purchased a number of shareholdings between October 1899 and August 1902.8 One owner's interest was in August 1902 found to have been falsely sold.

I am afraid that the native who signed for [Eriana Te Ahu in November 1899] was not Eriana Te Ahu, and that it has been a case of personation, for from the account given by her and her husband they were both away north at that time and for some years prior to and after the date mentioned.9

When this was discovered, the Crown purchased Eriana Te Ahu's interest again, this time from the correct person.10

At the end of August 1902 the Court heard the Crown's application to have its interest in the block defined. Mair explained that the Crown had purchased 104 out of the 113 shares in the block. There were 6 non-sellers with 9 shares. The Court then provisionally awarded Waiparuparu 1 of 556 acres to the Crown, and Waiparuparu 2 of 79 acres to the non-sellers, subject to further inquiry by Mair about survey charges.11 The following month, on Mair's application, the orders were made final.12 These areas were based on the fact that the copy of Tole's survey plan showing the area to be 635 acres was the one presented to the Native Land Court for this hearing.

But then it became known that

this block sold by Registrar Supreme Court on account of Tole's charging order, and land transfer certificate issued to Lynch, who has transferred to Dufaur and McCormick.13

This action meant the block was no longer Native Land, so could not be dealt with by the Native Land Court. The Crown's purchase and the Court's orders of September 1902 were therefore null and void. The Crown's purchase expenses had to be written off.

6 Chief Land Purchase Officer to Minister of Lands, 28 September 1899, approved by Minister of Lands,

30 September 1899, on cover sheet to file NLP 1899/65. Maori Affairs Head Office file MLP 1902/60. Supporting Papers

7 Chief Land Purchase Officer to Land Purchase Officer Thames, 9 October 1899. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B48.5.

8 Purchase Deed, 15 August 1902. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.6–8.

9 Land Purchase Officer Thames to Chief Land Purchase Officer, 9 September 1902. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.9.

10 Purchase Deed, 15 August 1902. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.6–8.

11 Hauraki Minute Book 53 pages 96–97. Supporting Papers #J60.3–4.

12 Hauraki Minute Book 53 page 178. Supporting Papers #J60.10.

13 Telegram Registrar Native Land Court Auckland to Chief Land Purchase Officer, 24 September 1902. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.10.

58