w ai 285: the ngati pukenga manaia 1 & 2 blocks claim ...€¦ · the historical documentation...

Wai 285: Ngati Pukenga Manaia Blocks Claim - Historical Background Report

IOFFICIALI

W AI 285: The Ngati Pukenga Manaia 1 & 2 Blocks

Claim - Historical Background Report

Research Report by Buddy Mikaere and Shane Ashby

August 1999


TABLE OF CONTENTS

1. Introduction, commission, acknowledgements and disclaimer 3

2. The Claim 5

3. N gati Pukenga and the Hauraki iwi 6

4. Manaia pre-Ngati Pukenga Occupation 10

5. The tuku of the Manaia Lands 13

6. N ga hapu 0 N gati Pukenga 24

7. The loss of the land 25

8. Conclusion 34

Bibliography 37

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1. Introduction, commission, acknowledgements and disclaimer

1.1 The Waitangi Tribunal commissioned this report, prepared by Buddy

Mikaere and Shane Ashby, on 23 March 1999.

1.2 The authors are both of Ngati Pukenga descent and live at Manaia and

Gisborne respectively. Both have prepared reports for the Waitangi

Tribunal in the past

1.3 Nowadays, Ngati Pukenga iwi consists of two major divisions. One division

of the tribe lives at Manaia, the second largest harbour on the western side

of the Coromandel peninsula. The other division of our people lives around

Te Whetu marae on the Ngapeke block at Welcome Bay in Tauranga. Both

divisions of the tribe remain in close contact with each other.1

1.4 This report is concerned with the Manaia division of Ngati Pukenga. It is

intended to supplement other reports on the Manaia claims by providing the

historical background to how N gati Pukenga acquired the Manaia block,

subsequent occupation and Ngati Pukenga's efforts to retain the land and to

obtain redress for the grievance.

1.5 The commission asked that this report cover the following matters:

(a) Ngati Pukenga's acquisition of the land later known as Manaia 1 and

2 Blocks

(b) N gati Pukenga's occupation of the land

(c) Ngati Pukenga's efforts to retain ownership of Manaia lB and 2B

sections D & E, and later, to seek redress for the Crown's acquisition

of those sections for unpaid survey charges.

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1.6 For the use of equipment and facilities we wish to thank Kia Ora Publishing

Ltd and the Mikaere Family Trust.

1.7 We wish to acknowledge the valuable support and assistance of our Ngati

Pukenga kaumatua and kuia in the compilation of this report. We also wish

to acknowledge the work of Ngati Pukenga historians and researchers - in

particular - Martin Mikaere of Waikato University ..

1.8 One further note. The historical documentation in respect of Ngati

Pukenga often uses the appellation, T e T awera. N gati Pukenga and Te

T awera are one and the same people.

Disclaimer

1. 9 The views expressed in this report are those of the writers and to the best of

their abilities, represents an accurate record and interpretation of the oral

information and written material that they have examined or with which they

have been entrusted. The writers accept that there could be errors of fact,

omission or interpretation in this report but then that is in the nature of

Maori history when working with a mix of written and oral records. The

writers therefore apologise in advance for any such errors and state clearly

that it is not the intention of this report to give offence.

1.10 It would be appreciated if any such matters could be pointed out to the

writers as they come to light. The reason is that a supplementary objective

for this report is to formally record aspects of Ngati Pukenga history prior

to the compilation of a future comprehensive tribal history.

I Ngati Pukenga communities are also found at Pakikaikutu near Whangarei and at Maketu in the Bay of Plenty. Other Ngati Pukenga families are to be found living amongst Ngapuhi, Te Arawa, Ngati

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Buddy Mikaere and Shane Ashby August 1999

Porou and Tuwharetoa.

5


2. The claim

2.1 The issues considered by this report were set out in an amendment to the

WAI 285 claim. Shane Ashby lodged the WAI 285 claim with the Waitangi

Tribunal in October 1997 on behalf of the Ngati Pukenga ki Waiau

Incorporated Society. That Society has subsequently become the Ngati

Pukenga ki Manaia Incorporated Society.

2.2 The claim amendment sought redress for:

• the loss of Manaia lB and 2B section E No.1 of approximately 263 acres

in May 1913

• the loss of Manaia lB and 2B section D No.1 of approximately 57 acres

in May 1913

2.3 Both areas of land were lost through court orders in lieu of the payment of

survey charges.

2.4 While the main take of the W AI 285 claim concerns the loss of Manaia lA

and 2A, because the lB and 2B matters are intimately tied to lA and 2A,

some time is spent summarising the lA/2A issue.

2.5 Several other claim matters arise from this report. The first is the shortfall

of 5 acres associated with the Crown failure to properly survey Manaia

lB2B Section C. This issue is examined in Section 7 of the report.

2.6 The second is the extraction of timber and gold from the Manaia lands

arising from gold mining activities in the valley beginning from 1868.

Arguments on these issues have already been made during submissions on

the W AI 100 claim.

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3. Ngati Pukenga and the Hauraki iwi

3.1 N gati Pukenga are of Mataatua origin. The main genealogical line descends

from Mataatua's captain T oroa, through his daughter Wairaka and to her

son Tamatea ki Te Huatahi. Tamatea's son, Tanemoeahi, is the father of the

eponymous ancestor, Pukenga for whom our people are named.

3.2 The generally accepted version of Ngati Pukenga history is that they

formerly lived in the Opotiki/Waimana/Whakatane districts centred

mostly around Waiaua and Omarumutu.

3.3 According to our traditions, Ngati Pukenga moved to the Tauranga district

in a series of three heke. The traditions associated with these migrations

have been outlined in our report in respect of W AI 637. The two latter

heke show how N gati Pukenga joined with N gaiterangi in the invasion of

Tauranga Moana and how, on behalf of that iwi, they proceeded on a

military campaign to help subjugate the district.

3.4 By the end of that campaign however the two iwi had fallen out and were at

war with each other with first one and then the other, achieving the

ascendancy.

3.5 Towards the end of the 18th century when Ngaiterangi were in the

ascendant, N gati Pukenga began forming military alliances with the Hauraki

tribes, N gati Maru and N gati T amatera in particular, as a means of

improving their military strength in the ongoing conflict with N gaiterangi.

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3.6 Prior to this alliance, Ngati Pukenga had been a bitter enemy of Ngati

Maru. For example under the 18th century war chief Kamaukiterangi they

had been responsible for the killing of a number of Ngati Maru chiefs at

Hauturu2, receiving lands on Matakana Island as a reward.

3.7 Ngati Maru redressed that defeat at Te Whakatangaroa at Tauranga where

N gati Pukenga were beaten.3 But that seems to have been the end of

fighting between the two iwi.

3.8 By about 17754 Ngati Pukenga were participating with Hauraki iwi in raids

into Te Arawa territory.s

3.9 Ngati Pukenga were with Ngati Maru at Te Totara pa6 when it was sacked

by Ngapuhi under Hongi Hika in 1821. It is said that a Ngati Pukenga

party were visiting Ngati Maru at the time and became caught up in events.7

Those who survived accompanied Ngati Maru in the subsequent retreat of

all of Hauraki to the Waikato to escape the Ngapuhi muskets. Many Ngati

Pukenga are said to have fallen at T e T otara.

3.10 Some sources say that the Ngati Maru chiefs Te Puhi, Hoterini Taipari and

Te Rohu were jointly responsible for inviting Ngati Pukenga to join them as

2 Hauturu off Whangamata on the eastern side ofthe Coromandel peninsula and not to be confused with Hauturu, Little Barrier Island. 3 Whakatangaroa was located some ten miles inland from Maketu. The oral record says that the attack on Ngati Pukenga was undertaken by Ngati Tamatera. 4 Tarakawa, T., "Nga Mahi a Te Wera me Ngapuhi ki te Tai Rawhiti" in Journal o/the Polynesian Society, vol 8 No. 32: 179. 5 After the battle between Ngaiterangi and Tapuika at Te Karaka where Tapuika were heavily beaten, Ngati Pukenga under Tohiarikijoined with Ngati Maru (Te Puhi) in exacting utu on behalf of their Tapuika relatives. 6 To the south of modern Thames 7 Ngawehi Mikaere informant. The visit was because of the close links established through the marriage of Tuarae ofNgati Pukenga and Ngairihanga ofNgati Maru. There is also evidence to suggest that some Ngati Pukenga were fighting with Ngapuhi - see S. Percy Smith, JPS, v32, no. 127:127.

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allies in Hauraki and the Waikato.8 Ngamanu Te Wharau of Ngati

Pukenga9 was one who confirmed this as being the case.10

3.11 In 1828 Ngati Pukenga joined with Ngati Maru and Ngati Tamatera, led by

Te Rohu,l1 in the successful attack on the Ngaiterangi pa at Te Papa. 12 It is

said that the N gaiterangi chief Peko was captured along with some 200 of

the tribe.

3.12 This is the battle whose aftermath was reported to the missionary Henry

Williams on Easter Sunday 6 April 1828 when several canoes came off from

Tuhua (Mayor Island) to visit his ship and convey the news.13

3.13 This meant that by the end of the second decade of the 19th century the

fortunes of Ngati Pukenga were firmly tied to the iwi of Hauraki to the

extent that a number of them were living with Hauraki at Haowhenua near

modern-day Cambridge.

3.14 Ngati Pukenga returned to Hauraki with the Hauraki iwi following the

great battle of Taumatawiwi in 1830 where the Hauraki alliance was

defeated by a combined army of N gati Haua and N gaiterangi led by T e

Waharoa. 14

3.16 By the late 1830s, the arrival of Pakeha and a changing world had brought

an end to large-scale inter-tribal fighting. This became particularly apparent

as all the tribes achieved parity in firearms. Conflict contracted mostly into

8 Coromandel Minute Book No.5, 1889:35 This would have happened prior to 1821 as Te Puhi was killed at the sacking ofTe Totara Pa by Hongi Hika in that year. 9 Ngamanu also had strong links to Ngati Patuwai. 10 CMB 5, 1889:24. 11 Also known as Te Rauroha. 12 The excuse for the destruction ofTe Papa was said to be the Ngaiterangi murder ofTe Hiwi of Ngati Raukawa, at that time, an ally ofNgati Maru. It is likely that Ngati Raukawa also participated in the Te Papa raid. 13 Rogers, L.E., (ed.) The Early Journals of Henry Williams, New Zealand 1826-40, Christchurch, 1961:119. Stokes, E., Te Raupatu 0 Tauranga Moana - The Confiscation of Tauranga Lands, Hamilton, 1990:167. 14 The waters of Lake Karapiro now cover most of the Taumatawiwi battlefield site.

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"squabbles" usually over the use or ownership of resources and which

sometimes led to killing. 15 But there was one aberration to this pattern.

3.17 One of the fiercest opponents of Ngaiterangi was the Ngati Tamatera chief,

Taraia Ngakutu16, who continually sought utu, revenge, for the killing of his

"parents.,,17 Because of their on-going enmity towards Ngaiterangi, Ngati

Pukenga were natural allies of T araia, and under the chief T e Kou 0 Rehua,

they joined in attacks on N gaiterangi.

3.18 In the last battle between Ngati Pukenga and Ngaiterangi, Pukenga teamed

with Taraia. This was the 1842 raid on Ongare Pa near Katikati. Ongare

was land to which both Ngati Tamatera and Ngati Pukenga laid claim,

N gati T amatera through conquest and N gati Pukenga through both

conquest and occupation. The ancestor, Whetu-O-Te-Rangi, had settled at

nearby Tuapiro18 in the first Pukenga heke.

3.19 The fight was the last recorded occasion when human flesh was eaten and

caused great consternation because it was the first major challenge of this

nature to the rule of law of the fledgling Government.

15 For example, Ngati Pukenga became involved in a dispute over an eel weir, which involved two different factions ofNgaiterangi. Two Ngati Pukenga men died in the fighting which followed. 16 Taraia is also frequently described as a Ngati Maru chief. 17 While Taraia used the word "matua" - parent, in describing the reasons for his on-going enmity towards Ngaiterangi, he is referring to "matua" in the sense of his elders or ancestors. 18 Said by some to be the original site of Tauranga.

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4. Manaia - Pre Ngati Pukenga

4.1 The origins of the name Manaia for the valley and harbour on the western

side of the Coromandel peninsula are not now known. It is acknowledged

however that the name is a very old one and might have its origins in the

Hawaiki homeland.

4.2 It may possibly relate to the tupuna figure Manaia but it might just as well

be a reference to the manaia whakairo, beaked bird design, which the twin

harbours of Manaia and Te Kouma somewhat resemble. 19

4.3 It may also be named for the Ngati Maru chief, Manaia, who was drowned

at Waitakaruru when some young men of Ngati Huarere held him down in

the mud. This incident is said to have sparked the war between Maru and

Huarere which eventually saw the latter driven from the land.20

4.4 As far as the authors are aware, no full archaeological survey has ever been

carried out over the Manaia lands. Nor has evidence ever been found to

confirm that Manaia was one of the very early settlements in what has been

termed "the archaic period" on the Coromandel peninsula. The evidence to

date suggests that these very early occupation sites were restricted to the

eastern seaboard.

4.5 In traditional times, the land at Manaia is said to have been regarded as a

storehouse - a depot - and the abundance of kai is commemorated in the

whakatauki "Ko Manaia, he pataka kai" Manaia the food store.

19 According to some traditions, the original name for Manaia was Kakatarahae - 'the bickering of the bush parrots' and this name is still preserved by the Kakatarahae block at the southeastern end of the Manaia valley. Phillips, F., Landmarks ofTainui, Otorohanga, Vol 1,1989:78. 20 Stafford, D.M., Te Arawa - A History of the Arawa people, Auckland, 1994 (reprint):81. See also Phillips, F., Landmarks ofTainui, Otorohanga, Vol II, 1995:199.

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4.6 Following the arrival of the migratory waka, the peninsula seems to have

been first settled by descendants of Arawa origin. Certainly Moehau

Mountain is revered by both Te Arawa and Hauraki iwi as the final resting

place of Tamatekapua, the captain of the Te Arawa waka.

4.7 Ngati Huarere, an iwi descended from Tamatekapua, held the Manaia lands

before the armies of Marutuahu invaded Hauraki in the 17th century.

4.8 Under their chief Ruamano, Ngati Huarere put up a courageous fighting

retreat but were eventually forced from their Manaia pa of T aungatara,

Ngapuketurua, Parawaha and Paiakarahi, outnumbered by the combined

forces of Ngati Maru and Ngati Whanaunga.

4.9 Ngati Maru, the descendants of the Tainui ancestor Marutuahu and Ngati

Whanaunga, the descendants of Maru's son Whanaunga, divided the Manaia

lands between them. N gati Maru took the southern side of the harbour and

N gati Whanaunga the northern.

4.10 Both iwi lived in peace for many years until the death of a Ngati

Whanaunga chief, Hikamamaonui.21 For reasons now lost, Ngati Maru had

attacked their Ngati Whanaunga neighbours and in the aftermath of that

fight, Hikamamaonui was killed.

4.11 Hikamamaonui's son, Honge Ika,22 plotted to take revenge on his father's

murderers and, in conjunction with N gati Karaua, an attack was planned

against the N gati Maru pa at Parawaha.23

21 Named as Hikumanawanui in Phillips 1989:80. This chief is said to have been killed by his own nephew, Te Kowheto, while they were attempting to escape from Ngati Maru. Te Kowheto realised that the old chief was too slow and that they ran the risk of being overtaken and killed by their enemies. He decided to kill his uncle by spearing him to prevent the old man suffering that indignity. 22 Also known as Hongi Ika and Hongi Hika although the latter name is a little unlikely. 23 Parawaha pa is situated on the southern side of the Manaia harbour near Marutuahu point.

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4.12 Ngati Karaua informed Honge that the Ngati Maru people at Manaia were

gathering and preserving pipi for winter stores. It was the N gati Maru

practice to rise early and light fires which they then used to preserve the pipi

by smoke drying them. Ngati Whanaunga planned to creep across the

mudflats under the cover of the smoke and the morning mist and launch a

surprise revenge attack. And so it happened.

4.13 The traditions say that all but a few of the Ngati Maru living at Parawaha

were killed. When this news reached Ngati Maru at Turua, south of

Thames, a great taua assembled and marched on Manaia.

4.14 Hearing that the taua was on its way Ngati Whanaunga and Ngati Karaua

are said to have abandoned Manaia for new homes on the eastern side of the

peninsula - N gati Whanaunga at Kuaotunu and Whangamata and N gati

Karaua at Wharekawa.

4.14 On their arrival, Ngati Maru took possession of the unoccupied Manaia

land. At a later peacemaking, a second division of the lands was agreed

between the three iwi. But one result was the cession of N gati Whanaunga's

Manaia lands to Ngati Maru as utu for the slain of Parawaha.

4.15 About 1815, war broke out between Ngati Maru of Manaia and Ngati Paoa

when the Ngati Paoa chief, Rongomaurikura was drowned off the Manaia

harbour. Ngati Paoa suspected Maru to have arranged the "drowning" and

accused N gati Maru of also eating him. They attacked N gati Maru at

Parawaha killing Wharemakihi, Arawhakapiki, Mata and Te Kaha.24

4.16 Today, families of Ngati Maru and Ngati Whanaunga descent still hold

much of the land on the eastern (or northern) side of the Manaia River.

Ngati Maru later made a tuku of their lands on the western (or southern)

24 Monin, Paul., Waiheke Island: a history, Palmerston North, 1992:30 quoting Rickard, Vivien (ed.) 'Archaeological sites of Waiheke - Maori Past' Historic Places Trust, Wellington: 1981.

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side of the river to N gati Pukenga as shall be related in the next section of

this report.

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5. The tuku25 of the Manaia lands

5.1 The two accounts of how the Manaia land came to be a tuku to Ngati

Pukenga are preserved by tribal kaumatua. These stories are well known by

the people through frequent telling on the marae and at other appropriate

venues. In recent years these stories have taken on a fresh currency, and

gained a new youthful audience, through the holding of tribal wananga,

learning hui.

Te Tapuru's tuku

5.2 The first account tells that the tuku was made as payment for assistance

given by Ngati Pukenga in avenging the killing of two Ngati Maru chiefs,

Pataua and Te Waha. Tuwharetoa and Ngati Raukawa were responsible for

killing these chiefs in two separate skirmishes which occurred at about the

same time.

5.3 Pataua was killed while participating in a combined Hauraki and Ngati

Pukenga raid on Taupo.26

5.4 The death of Te Waha had a more complex genesis. It began when a group

of N gati Raukawa raiders crossing the Hauraki plains were intercepted by a

Ngati Maru taua. The Raukawa chiefs were Te Whatakaraka, Te Iwituroa

and T e Tiriwa.

5.5 Ngati Maru, seeking revenge for a previous defeat at the hands of Te

Whatakaraka, engaged the N gati Raukawa raiders in a running fight near the

mouth of the Piako River. The raiders managed to best Ngati Maru and

25 Some Ngati Pukenga kaumatua say the correct term should be tukua meaning an award in the sense of payment, rather than tuku meaning a gift. Source: Heemi (Slim) Te Heuheu Mikaere. 26 Pateuru ofNgati Pukenga was sent to the night on the same raid. An ope ofNgati Pukenga later journeyed to Taupo to recover his bones.

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escape to safety with some Ngati Paoa relatives at nearby Kaiaua. Ngati Paoa

brokered a settlement between the two parties and both groups returned to

their respective homes but the N gati Maru resentment against T e

Whatakaraka remained.

5.6 After the return of the Ngati Maru/Ngati Pukenga taua from Taupo where

Pataua was killed, another incident arose between Te Whatakaraka and

Pataua's son Te Waha. Apparently Te Waha had stolen some prized

clothing belonging to Ngati Raukawa and for this he was pursued and killed

by T e Whatakaraka.

5.7 Ngati Maru, urged on by Te Tapuru/7 Pataua's daughter and Te Waha's

sister, tried to avenge the deaths but in vain. It is said that at this time, T e

Waka Te Puhi of N gati Maru asked N gati Pukenga to assist in achieving

revenge.

5.8 Ngati Pukenga responded. Manutawhiorangi28, Naenae29 and Te Kou 0

Rehua joined a fighting taua in company with their close kin, N gati

Patuwai.30 Patuwai were led by Te Ahikaiata. The Ngati Pukenga

contribution was made up of contingents from Tauranga and Maketu as well

as those who were living at Haowhenua with Ngati Maru at that time.

5.9 Te Ahikaiata and Te Kou 0 Rehua, (the Ngati Maru and Ngati Tamatera

chiefs were T e Waka T e Puhi and Riwai T e Kiore) led the combined forces

of Hauraki, N gati Pukenga and N gati Patuwai in three battles against N gati

Raukawa.

27 Also known as Te Pu and Tapu. CMB 5, 5 Dec 1889:25. Evidence ofNgamanu Te Wharau. 28 The elder brother of Te Kou 0 Rehua. It is thought that Manutawhiorangi and Rahukiekie were one and the same person. See footnote 64. 29 Also known as Nainai. 30 Ngati Patuwai are sometimes referred to as a hapu ofNgati Pukenga, indeed, they were awarded a share of the Manaia lands on this basis. There is a close whakapapa link between the two - probably derived from the days when Ngati Pukenga lived with Patuwai on Motiti Island - and the two iwi

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5.10 The first battle we know very little about other than that N gati Pukenga

and Ngati Patuwai succeeded in killing a man named Te Uhunga.31 This

was probably at ArowhenaY After that the taua attacked a pa at Parikawau

held by N gati T ama and N gati T ahu. 33

5.10 As the taua proceeded, they found many of the Raukawa pa along the

Waikato River were deserted because the inhabitants had been forewarned

of the coming danger and had gathered under Paora Te Uata in their

strongest pa at Piraunui, upstream from Maungatautari on the eastern bank

of the river near modern Lake Arapuni. Other Raukawa had taken refuge at

Rotorua and Tuaropaki (Mokai).34

5.11 The battle at Piraunui is said to have raged for many days until the palisades

of the pa at last fell, the superior musket power of the attackers giving them

the victory. When the pa was breached the panic was so great that in their

desperate attempts to escape many of the pa inhabitants were said to have

drowned in the Waikato.35 Te Whatakaraka was shot at Piraunu?6 by

Rangi T e Huia of N gati Patuwa?7 thus avenging the death of T e Waha. His

body was then taken by N gati Pukenga to Taupo on the Wairoa River near

modern Clevedon.38

maintained close links right up until relatively recently. The resurgence ofNgati Pukenga will see these links revived. Ngati Patuwai are often described as belonging to Ngati Awa. 31 Kelly, L.G., Tainui, Christchurch, 1986:381. 32 This pa can still be seen at Arowhena on the eastern side of the Kihikihi-Mangakino highway. 33 Hapu of Tuwharetoa. 34 Phillips, Vol II, 1995:152-153. 35 The battle ofPiraunui is remembered because of a curious incident that happened at that time. Among those who met their death by drowning was a notable Raukawa chief, Pourahi. His corpse fetched up in some tree branches, many miles downstream from Piraunui. The body was discovered there and the fmders panicked when they realised that they could be blamed for Pourahi's death. It was decided that Pourahi must be given a proper burial as befitted someone of his importance. Accordingly his head was cut off and taken to the summit of Tuhua mountain where it was interred. Tuhua is located "upstream" from Piraunui. The defeat ofNgati Raukawa at Piraunui is said to have been pivotal in the third migration of that iwi to the east (Patatere) and south to HorowhenualOtaki under Te Whatanui. Ngati Piri, Ngati Kikopiri, Ngati Parewahawaha, Ngati Huri, Ngati Kapu and Ngati Ngarongo assembled at Puketotara (at Arapuni) and removed the bones ofHape Te Tuarangi before setting out. 36 Kelly 1986:382. 37 HMB No.7 1872:85 38 Presumably to be eaten. Taupo was a known to be a kainga ofNgati Pukenga after 1830 and, in the light of these events, possibly a deal earlier. It is therefore entirely possible that Te Tapuru made her

17


5.12 The celebrations following the Piraunui fight apparently continued for

many days until the food supplies began to run low. T e T apuru, now

satisfied that the killing of her family members had been fully avenged

decided to give land as payment for Ngati Pukenga's services. She is said to

have stood and said:

you."

E Te Kou! Na te kore kai, engari rna koutou taku whenua i Manaia.

"T e Kou! The food here is finished - let my land at Manaia be for

5.13 Te Tapuru did not herself go onto the land at Manaia to point out the

boundaries. She had apparently never lived there and died before Ngati

Pukenga actually took up the Manaia lands.

5.14 But the act of making the tuku is interesting because it says much about the

restored confidence of N gati Maru at that time. Although they were living

in the Waikato, it seems that they still regarded the abandoned Hauraki

lands as theirs. No doubt their confidence was boosted by the fact that

Ngapuhi had not remained on the land following the Te Totara defeat. The

pursuit of the N gati Raukawa raiders shows the N gati Maru at least were

already operating back in the Hauraki district.

5.15 Another view is that Te Tapuru gave her interests in the land to Ngati

Pukenga out of aroha. He aroha nona ki Te Tawera e panapana haeretia ana e

nga iwi i hoatu ai. 39 In other words she felt sorry for Ngati Pukenga's

drifting from place to place.4o This version of the reason for the gifting of

the Manaia lands was not widely supported at the time it was given.

speech here, rather than at Haowhenua. It would make sense in that Manaia is more or less opposite Clevedon on the eastern side of Tikapa Moana (Firth of Thames). 39 HMB No.7 1872:49

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Fighting Ngapuhi

5.16 The second account of how the Manaia land was the subject of a tuku relates

to Ngati Pukenga involvement in a decisive battle against a Ngapuhi taua at

Port Jackson on the tip of the Coromandel Peninsula in 1828.

5.17 In that year the Ngapuhi chief Rangitukia raided into the Hauraki Gulf.

Ngati Pukenga were asked by Ngati Maru to.joined them in meeting the

N gapuhi threat. It was an invitation that N gati Pukenga were pleased to

accept because it gave them an opportunity to avenge those killed by

Ngapuhi at Te Totara. The ensuring battle took place at Port Jackson at the

end of the Coromandel Peninsula.

5.18 By hiding in the water and using hollow raupo reeds to breathe, Ngati

Pukenga and N gati Maru were able to lure the raiders ashore and then

ambush them by taking them from front and rear, dealing out a heavy

defeat.

5.18 Another version of the same battle has Ngapuhi lured across from Aotea

(Great Barrier Island) by a night fire lit on the Port Jackson beach by the

combined Ngati Pukenga and Ngati Maru force. Again the subterfuge of

hiding in the water and breathing through reeds was apparently used.

5.19 At the end of the Port Jackson fighting, as N gati Pukenga were tending to

their wounded and getting ready to return by sea to T auranga, a N gati Maru

chief, grateful for their help and mindful of the long journey ahead of them

said:

... kaua e hoki ki Tauranga. Kei Manaia he kainga mo koutou hei noho.

" ... don't go back to Tauranga. Let Manaia be a home for you to live.,,41

40 In support of this proposition is the alternative name for Te Kou ofTe Kou 0 Rehua Manuhiri.

19


5.20 Despite the tuku of the Manaia lands on two separate occasions, Ngati

Pukenga did not take it up until some time later. In fact the move to Manaia

took just over twenty years to happen with the starting point being the

forced return of the Hauraki iwi after the great battle at T aumatawiwi in

1830.

5.21 While most of the defeated Hauraki iwi retreated back to their former

homes,42 some of Ngati Pukenga, led by Naenae, returned to Maketu, and

others to Tauranga. But the majority went with Ngati Maru and Ngati

Tamatera to Hauraki and took up residence at Kauaeranga.43

5.22 Others lived with Ngati Paoa at Taupo on the Wairoa River on the western

side of the Firth of Thames, before moving to Waikawau where they had

been invited to live by Taraia of Ngati Tamatera. They remained there for

several years. There is also evidence to suggest that some of N gati Pukenga

were living on Waiheke Island.44

5.23 It was Kapakapa of Ngati Maru who called on Ngati Pukenga to take up the

tuku and move to Manaia. T aiao 45 was the first of N gati Pukenga to go

there. He was followed by T e Kou 0 Rehua and many others of N gati

Pukenga. As far as can be determined this occurred sometime around 1852.

41 Mikaere 1994:76. 42 This was a time of great anxiety for the Hauraki iwi who feared further attacks by Ngati Haua. To boost defences, iwi such as Ngati Pukenga, were placed in "buffer" roles. As another example, Taraia is said to have placed Ngati Tara on lands south ofPaeroa for the same reason, blocking access along the Waihou River and through the Waikino gorge. Renata Tamati under cross-examination HMB No. 49: 198, 27 Oct 1898. Ngati Tara and Ngati Hako were said to have built pa in the area specifically to guard against Ngati Haua incursions. 43 Some Ngati Pukenga and Hauraki iwi obviously remained in the area. In the 1860s the Ngati Pukenga leader Te Kou 0 Rehua, for example, writes letters from Horotiu - a pa very close to the centre of modem Cambridge - and which was one of the Hauraki settlements in the Haowhenua district. 44 Raniera Kaingamata was said to have lived there with other Ngati Pukenga prior to his coming to Manaia. 45 Also known as Tawhiao.

20


Living at Manaia

Manaia, he pataka kai

Manaia the food store46

5.24 At Manaia, Ngati Pukenga quickly settled into a pattern of subsistence

agriculture - gardening - mostly on the more fertile river flats. As well they

kept domestic animals such as pigs, poultry and, although still a rare

commodity amongst Maori, horses.

5.25 These activities were supplemented by fishing, hunting and gathering on the

Manaia harbour and offshore waters and in the forest covered ranges

surrounding the Manaia valley and the Manaia river headwaters.

5.26 The Ngati Pukenga population at Manaia in the 1850s was reasonably large

and the valley was the centre of much economic activity with Ngati

Pukenga taking advantage of the trading opportunities available in supplying

the Auckland markets.

5.27 Government canoe cargo returns which monitored trading visits to

Auckland in the period 1852-1854, show that Ngati Pukenga were very

active bringing large quantities of fish, vegetables, fruit, firewood, pork and

poultry to the markets from Manaia.47

5.28 There is also evidence to suggest that Pakeha called at Manaia for trading

purposes. During the Select Committee hearings of the 1856 Native

Offenders Bill, the Ngati Tamatera chief Taraia, a long time supporter of

Ngati Pukenga was asked: "How do the tribes at Manai[sic] (Coromandel)

sell their goods and produce?" He told the Committee "It is the white men,

46 Traditional whakatauki for Manaia celebrating the abundance of food to be found there. 47 AJHR 1865 E12:1-6 incl. Return of Canoes arrived in Auckland 1852-58.

21


Europeans, who sell the goods to them and buy their produce.,,48 The

exchange was part of a discussion about the possibility of preventing coastal

vessels from trading in the area.49

The land

5.29 But the all-enveloping issue in the early years of Ngati Pukenga settlement

was the land and several disputes arose concerning it.

5.30 The land that went to Ngati Pukenga was known as Te Ruahine and was

5055 acres in extent. It subsequently became known as the Manaia block of

which Manaia 1A and 1B form part. The land lay on the southern side of

the Manaia River.50

5.31 The Ngati Maru chiefs known to be living at Manaia at the time that Ngati

Pukenga came there to take up the land were Rameka Te Tohirangi,51 Te

Marau, Nopera Titari, Te Wikiriwhi, Puwahia and others. Ngati Pukenga

first lived with Rameka at Pa Rakau52 before shifting to land at Te Kauri.53

Later they made a permanent settlement at T aumatateretere. 54

5.32 Rameka and Te Marau, the latter a nephew of Te Tapuru, gave their

interests in the Manaia block to T e Kou 0 Rehua.

5.33 Te Tapuru - who had died some years previously - and Rameka, did not

physically set out the boundary of the land but had named boundary

48 AffiR 1860 E5A:7. 49 The Select Committee was considering a trade embargo as a means of bringing Ngati Pukenga to heel following the theft of a large quantity of gunpowder from Kawau Island. 50 The location could also be described as being on the western side of the river. The Manaia River runs roughly in a south to north direction. S! Also known as Rameka Te Tapuru, which might indicate that he had taken the dead Ngati Maru woman's name and was therefore closely related. In tum, this might also explain why he, and Te Tapuru's nephew, Te Marau, gave their land at Manaia to Ngati Pukenga. 52 Near the present school site on the northern (or eastern) side of the Manaia River. 53 Te Kauri was the name of a small stream which formerly ran around the foot of the present marae site. 54 Near the site of the present Anglican Church and urupa.

22


markers only. In traditional times it was expected that a boundary would be

marked by takahi, the physical "walking" of the land.

5.34 Some of Ngati Maru and Ngati Tamatera therefore argued that only the

north-west corner of Te Ruahine had been given to Te Kou 0 Rehua and

Ngati Pukenga. But Te Tapuru and Rameka's tuku of the lands to Ngati

Pukenga is said to have been sanctioned by Ngati Maru with these words:

E Te Kou, to kawhena ko Hauturu55

"Let Hauturu be your sepulchure"

meaning: let Te Kou live and die on the land. Hauturu (the highest peak in

the Manaia valley) would be his memorial.

5.35 At a hui called for the purpose, the boundaries of the land are said to have

been named again in the presence of all the people and the Ngati Maru

chiefs: Rameka Te Tapuru, Nopera Titari, Tamati Waka Te Puhi, Hoterini

Taipari, Rapine Maunganoa, Riwai Te Kiore, Te Poono, Hori Tu Karawa,

Hohepa Paraone, Puwahia, Eru Tahurangi, Watana Tuma and Hone Te

Huiraukura. Amongst this list of Ngati Maru chiefs are a number of Ngati

Pukenga's fighting allies and it is therefore not surprising that Ngati

Pukenga's right to the land was quickly confirmed.

5.36 On his death bed, Te Kou 0 Rehua told Paroto Manutawhiorangi to give

the land back to Ngati Maru. This was because of the on-going arguments

with some of N gati Maru. Paroto carried out his wish and at T e Kou's tangi

told the assembled Ngati Maru chiefs: E Ngati Maru, ka whakahokiae au tou

whenua na - "Ngati Maru, I return your land to yoU.,,56

55 HMB 7, 1872:86 56 HMB 7, 22 Aug 1872:77. Evidence of Hingikerea Pum ofNgati Mam.

23


5.37 Hoterini Taipari - probably the most senior of the Ngati Maru chiefs

replied by saying: ... Kua oti ke te tuha, e kore a muri e hokia. "Who, after

spitting, will take back his spittle?"57 meaning that having given something

freely, it is difficult to take it back.

5.38 Riwai Te Kiore said, " ... Why must you go? Stay and live on your land

here." Waraki Te Mapu said: ... e kore koe e tika kia whakahokia mai te pihi i

a koe. Kahore ana kia whakakorea te puihi, e kore koe e tika kia haere, me noho

koe. "It would not be right for you to return this piece [land] it is not right

that you should go, you should stay. We have not forgotten the bush ... ,,58

meaning- N gati Maru had not forgotten the war services of N gati Pukenga.

All the other N gati Maru chiefs present stood to confirm the land as

belonging to N gati Pukenga. The whakatauki which addresses T e Kou ... to

kawhena ko Hauturu was used again as confirmation thus cementing the land

to N gati Pukenga.59

5.39 The ownership of the land was formally confirmed to Ngati Pukenga by the

Native Land Court sittings of 1872. This will be examined in a little more

detail later in this report.

Other lands

5.40 Tuku land was also given to Ngati Pukenga on the northern side of the

Manaia harbour. But in 1872, those lands were the subject of a dispute

between Ngati Maru living at Manaia and the overall Ngati Maru leadership.

The point of the dispute revolved around whether the Ngati Maru leaders

had the right to tuku further land at Manaia to N gati Pukenga. The claim

was brought to the Court by these leaders.

57 HMB 57, 21 Oct 1907:280. Evidence of Herora Te Wharekohatu ofNgati Pukenga. 58 HMB 7, 22 Aug 1872:77. Evidence of Hingikerea Puru ofNgati Maru.

24


5.41 The land in question was Owari on the northern side of the Manaia

harbour. The land had been given to N gati Pukenga by the senior N gati

Maru chief, Hoterini Taipari, with these words ... oti tonu atu he kainga

tuturu. " ... [it is] completely settled, [it is] a true home." 60

5.42 Even though those of Ngati Maru who were disputing the right to allocate

Ngati Pukenga the land had been present when Hoterini had ceded it, and

the fact of the tuku had the support of other N gati Maru chiefs such as

Tuterei Karewa, Te Matene Ruta, Hona Taiawa, Eruera Te Ngahue and the

well-known chief Hori Ngakapa61, the local Ngati Maru did not accept the

situation.

5.43 Ngati Pukenga had been cultivating the land at Owari which they said had

been abandoned by the previous owners during the (1860s) war years and

that they had taken up the cultivations of one of the former landowners. It

was also explained that they had buried dead in an urupa at nearby T e

Mata.62 The burial of dead on disputed land was often used as a "proof" of

ownership.63

5.44 But the local Ngati Maru chiefs Tamati Waka Te Puhi and Te Wikiriwhi

Pokiha said that cultivation did not give ownership even though cultivating

was often regarded as one of the main proofs of ownership.

5.45 But there was no "heat" in the debate from the Pukenga perspective. The

survey of these lands had been a joint, and amicable, arrangement between

N gati Pukenga and N gati Maru.

59 There is some confusion as to when and at which hui these words were spoken - the point is however that the oral traditions ofNgati Pukenga say that they were spoken and that this was a significant event in Ngati Pukenga's history. 60 Mikaere 1994:81. 61 Who led an abortive attack on Auckland in the 1850s. 62 CMB 2, 3 Jun 1871 :33. Te Mata is still regarded as a wahi tapu ofNgati Pukenga. 63 Take tupapaku

25


5.46 The claim by Taipari and the other chiefs ultimately failed. It was decided

that Paiakarahi, T e Karaka and Taungatara belonged to N gati Pukenga,

Hikurangi to N gati Maru and Owari to T amati T e Waka, the N gati Maru

chief and claimant. Paroto Manutawhiorangi is said to have brought the

whole debate to a close with this speech:

I am Te Kouorehua's son64 and I live at Manaia permanently. We and the N gati Maru ordered Bedlington to survey this land and we afterwards employed another surveyor to subdivide the land and the subdivision of the land was peaceably settled between us and the N gati Maru. T aungatara the piece that has been investigated is one of the pieces included in this map. I know T e Karaka, that has been divided off, it has been settled that I should have that. The balance of the land in the map belongs to N gati Maru. There is no dispute between Ngati Maru and us. Te Tawera did not ask Taipari and the others to appear in court to prefer our claim to this land. Rameka was the person; he belongs to Ngati Whare65

, who gave us these two pieces mentioned. It is true that T e Hoterini gave the land formerly to Te Kouorehua but the chiefs of Ngati Maru did not all consent and it was only when Rameka gave us the land that we settled on it. The only piece we own is Te Karaka; Hikurangi belongs to Ngati Maru. Owari belongs to T e Waka. He has houses and cultivations there ... 66

5.47 Another piece of Manaia land ceded to Ngati Pukenga was Karihitakena.

The land was given by the relatives of a Ngati Maru woman, Rangitawake,

in satisfaction of a false accusation by her that the young brother-in-law of

Paroto, Petera Ngati, had ridden his horse across a wahi tapu.

64 Some Ngati Pukenga whakapapa show Paroto to be the son ofTe Kou 0 Rehua's elder brother Rahukiekie. 65 A Ngati Maru hapu. 66 CMB 2, 3 Jun 1871:51-52. Evidence ofParoto Manutawhiorangi.

26


6. Nga Hapu 0 Ngati Pukenga ki Manaia

6.1 When the Native Land Court dealt with the Manaia block in 1872 the

names of eight people were inserted into the title. These people were said to

be the principal persons of each of the Ngati Pukenga hapu with rights at

Manaia. Ngamanu was apparently placed into the title for conducting the

case although he had a right in any event.67 N gamanu belonged partly to

Ngati Pukenga and partly to Te Patuwai of Motiti Island with whom Ngati

Pukenga had a close relationship.

6.2 The hapu and persons named were:

lVgatilliner.notu

lVgati Kiorekino

lVgati Pukenga

lVgati Rakau

lVgati Te Matau

lVgae Towhare

lVgati Whakina68

For conducting the case

Manuera Te Potahi

Paroto Manutawhiorangi

Ruka lluritaupoki

Tukohu Puahau

Te Riritahi

TePutaua

Raniera Te Kaingar.nata

lVgar.nanu Te Wharau

6.3 As shall be explained in the next section of this report, it is the contention

of N gati Pukenga that these persons were placed into the title in a trustee

role on behalf of the Ngati Pukenga hapu but at the first test, a succession

application in 1879, the Native Land Court recognised them as being

outright owners. This is the first grievance of the WAI 285 claim.69

67 lIMB 57, 1907:285, evidence of Herora Tutu. 68 The names Whakina and Whakinga were used interchangeably. 69 See Manaia 1A and 2A report of Suzanne Woodley. Waitangi Tribunal research series 1993/10.

27


7. The loss of the land

Gold and Timber

7.1 Dealings with the Crown over the Manaia lands had their genesis in the

discovery of gold at Coromandel by James Ring in 1867. The Manaia land

was found to be auriferous, or gold-bearing, and for this reason was almost

immediately subject to government attention and formed part of a Crown

initiative to obtain timber and mining rights over all the Coromandel

goldfields.

7.2 Hohepa Paraone had already warned off several people prospecting for gold

in the Manaia valley.70 But by October 1868 it was inevitable that in

response to the approaches of Crown agent James Mackay Jnr., Manaia land

belonging to both N gati Maru and N gati Pukenga was leased to the Crown

for gold mining purposes.

7.3 One useful outcome from Mackay'S overtures was that he settled, at least to

his satisfaction and obviously those with whom he negotiated the matter,

the disputed boundary between N gati Maru and N gati Pukenga. He says

that: "Early in July [1868] I was engaged in arranging the dispute between

the T awera and N gatimaru Tribes about the dividing boundary of their

lands at Manaia, and I succeeded in settling this vexed question.,,71

7.4 The boundary that Mackay fixed was described as:

Commencing at the mouth of the River Manaia, thence by that river to Te Tumutumu; thence to the Rakau-o-Whiti Stream; thence by that stream to Tikohunui; thence to the Manaia River; thence by that river to a point opposite Puketotara; thence to Puketotara - the lands

70 Nolan, T., Historic Goldfields of Cor oman del, Wellington, 1977:47-48. 71 AJHR 1869, II, A-No. 17:9 Report by Mr Mackay on the Thames Gold Fields

28


to the north of this boundary belonging [to] the N gatimaru and to the south to the Tawera Tribe.72

7.5 The boundary between Ngati Pukenga and Ngati Maru was described in the

subsequent agreement as:

... the land above described is divided into two pieces, one piece to N gatimaru, and the other piece to T e T awera; the divisional boundary of the said pieces commences at Te Tumutumu; thence to Rakaiwhitia; thence along the stream to Te Tau 0 Tikohunui; thence to the Manaia stream; thence by that stream to a direct line with Puketotara; thence to Puketotara; the northern side shall be the Ngatimaru's, and the southern side shall be Te Tawera's.73

7.6 The agreement provided for the issuing of Miners' rights by the

Government. The right entitled holders to:

... mine for gold, construct dams and water-races, fell timber for goldmining purposes and firewood, and do all other acts (or works) connected with or appertaining to gold-mining operations, on all the land within the boundaries hereabove described, except that the right to fell kauri timber is reserved. Any persons desiring to cut any kauri timber must pay the sum of one pound five shillings for each tree required by him. No person will be permitted to cut ordinary timber for firewood, fencing, or for any other purpose, for sale to any other person. Any person desiring to cut timber for those purposes must first obtain a miner's right, and a timber license empowering him in that behalf. The payment for every such timber license shall be five pounds per annum. The money derived from such timber licenses and from the sale of such kauri timber shall belong to the Native owners of the land on which the timber is situate.74

7.7 The document was signed by Te Marau, Wikiriwhi, Waka Te Tuhi [Puhi],

Anaru and Pahapaha for Ngati Maru and by Paroto Manutawhiorangi,

72 ibid. 73 AJHR 1869, II, A-No. 17:9 Report by Mr Mackay on the Thames Gold Fields 74 ibid. It is possible to quantify the amount of gold extracted from the Manaia goldmines through reference to official returns. It is likely however that revenue generated from mining licences would have been awarded to the agreement signatories - in line with the land court rulings - rather than kept in trust on behalf of the iwi. Quantifying the amount of kauri timber extracted is probably impossible but in 1875 and 1899 sales of timber to the value of 1200 pounds are noted (See Woodley 1993110:26). Certainly all the mature kauri on the lower slopes and in the headwaters of the Manaia River were cut. It is only the difficulty of access to the remote kauri in the Manaia Sanctuary which have allowed them to remain a taonga of the Manaia people of today.

29


Ruka Huritaupoki, Paurini Waitaha and Manuera Potae for Te Tawera

(N gati Pukenga).

30


Survey

7.8 The gold mining agreement resulted in a reasonably accurate definition of

the Manaia lands and the Ngati Pukenga portion in particular. When Paroto

Manutawhiorangi put the Manaia block through the Native Land Court in

1872, there was already a reasonable definition of what constituted the

block.

7.9 It is said that he 'walked'the surveyors over the ground in the traditional

manner so as to identify the boundaries. When the survey work eventually

got underway, attempts to get agreement on the location of the boundaries

between the various iwi groupings again led to a number of disputes which

held up the survey.

7.10 There is no record of these disputes but it can be safely assumed that the

same arguments were raised as had been used at the time of the N gati

Pukenga settlement and in 1868 when the gold field boundaries were set.

7.11 However, the survey work was eventually completed and in August 1872

the Court, sitting in Coromandel, heard N gati Pukenga's claim to their

Manaia lands. The claim was "conducted" or led by Ngamanu Te Wharau

who had had previous experience in these matters having "carried" a block

through the Court at Whakatane.

7.12 Again the awarding of the land to Ngati Pukenga was hotly contested by

elements of N gati Maru during the first five days of the hearing. N gati

Pukenga were again forced to recount the circumstances of the tuku of the

land (as outlined in section 5 of this report). Ngamanu Te Wharau and

Paroto Manuotawhiorangi spoke for the iwi. After hearing their evidence,

the Court ruled in Ngati Pukenga's favour. Title to Manaia No.1 (1,408

acres) and Manaia No.2 (3,482 acres) was awarded on 27 August 1872.

31


7.13 The award was made to the eight persons named in para 6.2 above. For the

purposes of this report however, the main "player" was Raniera Te

Kaingamata who was put into the land on behalf of Ngati Whakinga.

Loss of Manaia lA and 2A

7.14 When Raniera died in 1876, the Court ordered that his whangai, adopted

child, Mere T aipari, succeed to his interests. The succession was against the

wishes of N gati Pukenga who objected strenuously to the succession order

on the grounds that Raniera did not belong to N gati Pukenga and

furthermore, he was holding the land in trust for the N gati Whakinga hapu,

no members of that hapu being present in Court at the time title was

originally awarded. The Court however ruled in her favour.

7.15 Attempts by Mere Taipari to then partition out her share of the Manaia 1

and 2 blockls were also strenuously opposed by Ngati Pukenga over a

series of hearings and on the same grounds, i.e. that the lands were held in

trust for the various hapu.

7.16 Again however the Court ruled in her favour and the two blocks were

partitioned in 1889 into Manaia 1A and 2A, the blocks being awarded to her

over the objections of Ngati Pukenga.

7.17 Ngati Pukenga immediately applied for a rehearing of the case. This was

subsequently granted and held in December 1890 at Coromandel but the

minutes of that hearing have apparently been lost. However, in that the 1A

and 2A partition was not overturned it can be assumed that the N gati

Pukenga application was not successful.

75 These matters are dealt with in detail in Woodley, S. 'Manaia 1A and 2A, Coromandel', Waitangi Tribunal, Wellington, August 1993/10.

32


7.18 In 1891 Mere Taipari applied to have the inalienable status of her Manaia lA

lands removed as a precursor to sale. The hearing of this matter was held in

Auckland on the grounds that no other persons had an interest in the land.

This conveniently meant that persons interested in opposing the change of

status were denied the opportunity.

7.19 The Court agreed to change the status of the land noting that Mere T aipari

had sufficient land interests elsewhere. The Manaia lA and 2A lands were

then sold by Mere on 29 May 1891 for a total of 305 pounds twelve shillings

and sixpence, less some fifty pounds owing for survey fees.

7.20 Mere Taipari had been declared bankrupt at the time of the lA and 2A sales

and it can be assumed that her debt was the driving motive behind her

determination to get the land and then sell it. Mere had already been sent to

prison as a result of a creditors judgement against her. It is said that her

husband, Mangakahia, was influential in effecting the sale of the land.

7.21 Evidence suggests that she was not a well woman. She died in 1896,

according to her lawyer, she had been "affected in her mind through

sickness. "76

Owners or Trustees?

7.21 In 1907 the Native Land Court considered the question of whether or not

Manaia IB and 2B was intended by the Native Land Court or by the owners

of the land to be held in trust for "natives not named in the titles and to

determine who are the several Natives (if any) entitled beneficially to such

lands, and to order the inclusion of such Natives in the titles".77

7.22 The Court judgement of 26 October 1907 included the following:

76 Woodley 1993/10:23. 77 New Zealand Gazette, 18 JuI1907:2143.

33


The Court has determined that the said land was upon the original investigation of the title thereto, intended by the nominal owners thereof to be held by them in trust for themselves and other members of the Ngati Pukenga hapu or tribe. 78

7.23 The 1907 determination of the Court, while in respect of the lB and 2B

blocks is nevertheless seen as confirmation of the opposing stance taken by

N gati Pukenga over lA and 2A.

7.24 Even though the loss of the land was the result of the actions of an

individual the fact that the Court aided and abetted her in achieving the

total alienation of land, which the Court then later determined was held in

trust for the hapu, is inexcusable.

7.25 The final note on this sorry chapter is found in whakapapa books held by

some Manaia families. The names of the eight original trustees are listed and

the collective term used to describe them is kaitiaki mo te whenua -

"guardians for the land."79

Manaia lB and 2B

7.26 In March 1910, Manaia lB and 2B were divided into six parts. Manaia lB2B

A of one acre was designated as the T aumatateretere urupa while Manaia

lB2B B of two acres was set aside for the marae.80

7.27 Section lC of 3 acres, as it became, had already been gifted to the Crown for

the establishment of a school in 1899.

7.28 Manaia lB2B C - a little over 95 acres - was awarded to ten members of the

Mikaere family. Manaia lB2B D of 470 acres was awarded to 37 owners

while the bulk of the block lB2B E of 3705 acres was awarded to 113

78 Report of Judge Edgar concerning Manaia IB and 2B, 26 Oct 1907, Manaia succession order file 1878-1928, C321 (3), MLC Hamilton. 79 See for example the whakapapa book ofNgaruna Mikaere.

34


owners. Manaia lB2B F, a little over one thousand square metres, was

awarded to two owners. The purpose of Section F was to provide access

between C and D.

7.29 There are two take involved in the lB/2B partitions. The first relates to the

taking of land by the Crown - some 320 acres - in lieu of survey charges, 57

acres from lB2B D which became lB2B Dl, and 263 acres from lB2B E

which became lB2B El.

7.30 The details of these acquisitions by the Crown are set out in full in the

report entitled Manaia IB and 2B Survey Charges prepared by Heather

Bassett and Richard Kay in August 1998.

7.31 The second take relates to a surveying error in respect of lB2B C and a

refusal of the Crown to accept or indeed acknowledge, responsibility to

correct that error. Again the matter is fully detailed in the Bassett/Kay

report already referred to.

The Survey Liens lands

7.32 In terms of the commission requirement that the report set out Ngati

Pukenga's efforts to retain ownership of Manaia lB and 2B sections D & E,

and their efforts to seek redress for the Crown's acquisition of those sections

for unpaid survey charges, interviews with the remaining kaumatua of Ngati

Pukenga have only served to show that while the knowledge that there is an

unresolved grievance exists, the oral record of these events is absent.

7.33 The kaumatua alive now are the youngest descendants of those who played

leading roles in the events of 1910 and what followed, and do not have first

hand knowledge. There is therefore little that can be added to the

documentary record in respect of the survey liens issue. But that record, as

80 Formally designated a reserve in 1945.

35


detailed in the Bassett/Kay report, shows very clearly.how the Ngati

Pukenga interests, as represented by N garuna Mikaere, were doggedly

pursued. This was particularly so in his insistence that the survey be

properly undertaken and his promptness in meeting the share of the survey

costs which he perceived as being rightfully his.

7.34 Nevertheless, the unfairness of the survey liens situation is clearly obvious.

• The surveying of the block was a compulsory requirement. No thought

was given beforehand as to how the beneficiaries might pay for the

survey.

• The total cost of the survey was £258:16:5, and accounts for this amount,

plus interest, were sent to one owner only , N garuna Mikaere, in early

1912.

• In May 1913 the court awarded land to the Crown in lieu of the

outstanding survey charges. A little over 262 acres was taken from Section

E and just over 57 acres was taken from Section D. The survey charges

included interest, the cost of a special valuation and the cost of surveying

the Crown's portion, all of which were reflected in the amount of land

taken.

• The land awarded to the Crown was not surveyed at the time, and a survey

plan for Section E No 1 was only compiled in 1972. This meant the Crown

obtained 35 acres to pay for a survey that was never carried out.

7.35 While there is no record of Ngati Pukenga objections to the fact of the

Crown taking the land, indeed the record shows that the owners were

agreeable to the location of the portions to be taken by the Crown, in

reality however, what could they do? The Crown held all the cards. It is

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conceivable that further delays on their part would mean a larger interest

component and the loss of even more land.

7.36 Development or sale of the survey liens land was not considered by the

Crown, apparently on the grounds that it would involve the establishment

of roads and Maori owners would get an "unearned improvement". Instead

the Crown determined on a course of purchasing the surrounding blocks.

7.37 Attempts by Ngati Pukenga to use the survey liens land were also

unsuccessful. In 1929 Pera Mikaere, a younger brother of N garuna, wrote to

Native Minister Apirana N gata seeking assistance to lease the land for

farming purposes. His request was rebuffed by the Department of Lands

and Survey who said that it might affect pending purchases of adjacent lands.

7.38 Against a background of successful diary farming ventures at Manaia, in

1958 an attempt was made by iwi members to purchase the lands for

farming purposes. But this also failed because of protracted administrative

delays in attempting to establish an incorporation or similar body to

represent proposed owner interests.

7.39 Today, the survey liens lands and subsequent Crown acquisitions are part of

the Conservation Estate.

Manaia lB2B C Survey

7.40 The division of the Manaia 1B2B block into the C, D and F sections led to

tensions which still echo in the Manaia community today. The tensions

were not eased by surveyor prevarication over the establishment of the C

and D boundary line.

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7.41 The Court had ordered that the Mikaere block would be 100 acres in size.

But in surveying out the 100 acres, the surveyor incorrectly included the

land gifted to the Crown for the school site and a road adjustment in the

area of Section C. This meant that the area of Section C was closer to 95

acres instead of the 100 acres it should have been.

7.42 Ngaruna Mikaere repeatedly asked the Crown to have the survey inspected

on the ground, and at his own expense, to confirm that the section was

indeed five acres short of what had been allocated. After a long period the

survey was re-examined and it was confirmed that a mistake had been made.

7.4 3 The Crown proposed to move the boundary between Sections C and D, but

then to avoid the expense of the new survey offered nine pounds

compensation to N garuna instead. The Crown further proposed to charge

the survey costs to Section D, i.e. its own mistake would nevertheless be a cost

on the people.

7.44 Ngaruna Mikaere refused the money, preferring to have the correct amount

of land. The Crown had made the mistake but did not fulfil its duty to

correct it and ensure the owners of Section C had a correct title, even

though the owners had already paid for the survey.

7.45 The compensation has never been accepted and the error has never been

corrected. The Manaia lB2B C section still remains five acres short of what

had been originally awarded.

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8. Conclusion

8.1 In comparison with other claims, the scale of the Manaia land issues

outlined here and in the Woodley and Bassett/Kay reports might appear to

be small. But that does not detract from their importance to the people of

N gati Pukenga.

8.2 The Manaia lands remaining to Ngati Pukenga are regarded now as a sacred

link to those ancestors who fought and died for that land. As such the lands

represent far more than mere acreage, they also carry the identity of the iwi.

These lands give us our turangawaewae, our place to stand. It is therefore

incumbent on the present generation to honour that link and to do what we

can to maintain and enhance the legacy left to us.

8.3 The actions of the Native Land Court and in more recent times the Maori

Land Court (See W AI 148 Manaia 1 C block claim) and Crown agencies -

particularly the Department of Lands and Survey - have consistently acted

against the kaitiaki obligations of Ngati Pukenga ki Manaia in respect of

their lands.

8.4 The result has been the loss of land. Up until now, the efforts of Ngati

Pukenga have not gained redress. Ngati Pukenga now looks to the Tribunal

to set the matters outlined in this report to right.

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Bibliography

Primary sources:

Appendices to the Journals of the House of Representatives.

Coromandel Minute Books 2-6. Minutes of Native Land Court sittings held by the Maori Land Court, Hamilton.

Hauraki Minute Books 7, 49, and 57. Minutes of Native Land Court sittings held by the Maori Land Court, Hamilton.

Secondary Sources:

Grace, J. Te H., Tuwharetoa, Wellington, 1959.

Journal of the Polynesian Society (JPS)

Kelly, L G., Tainui, Christchurch, 1986 (reprint).

Mikaere, M., A History ofNgati Pukenga, unpublished thesis, 1994.

Monin, P., Waiheke Island: a history, Palmerston North, 1992.

Nolan, T., Historic Goldfields of Cor oman del, Wellington, 1997.

Phillips, F.L., Nga Tohu a Tainui - Landmarks ofTainui - Historic Places of the Tainui People, Otorohanga, Vol I, 1989 and Vol II, 1995.

Rogers, L.E., (ed.) The Early Journals of Henry Williams, New Zealand 1826-40, Christchurch, 1961.

Stafford, D.M., Te Arawa: A History of the Arawa People, Auckland, 1994 (reprint).

Stokes, E., Te Raupatu 0 TaurangaMoana - The Confiscation of Tauranga Lands, Hamilton, 1990.

Wilson, J.A., The Story ofTe Waharoa, Christchurch, 1907.

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Waitangi Tribunal reports:

Basset, Heather and Kay, Richard, 'Manaia lB and 2B Survey Charges' Waitangi Tribunal commissioned report, August, 1998.

Woodley, Suzanne, 'Manaia lA and 2A, Coromandel', Waitangi Tribunal, Wellington, August 1993.

Woodley, Suzanne, 'Manaia lC, Coromandel' Waitangi Tribunal, Wellington, November 1993.

Whakapapa Book:

Mikaere, N garuna - held by James Hemi (Slim) Mikaere.

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w ai 285: the ngati pukenga manaia 1 & 2 blocks claim ...€¦ · the historical documentation...

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