, TE WHENUA 0 TE KUPUWHAKAARI. NGAl TAMA RAWAHO.. WAlTANGl659

Transcription

1 , TE WHENUA 0 TE KUPUWHAKAARI NGAl TAMA RAWAHO. WAlTANGl659

2 NGAI TAMA RAWAHO REPORT AN OVERVIEW REPORT COMMISSIONED BY THE WAITANGI TRIBUNAL NA TE ROPU WHAKA NOARAUPATU 0 NGAI TAMA RAWAHO GEORGE MATUA EVANS OCTOBER 1997

3 2 A REPORT ON NGAI TAMA RA WAHO WAI 659 CLAIM A report commissioned by the Waitangi Tribunal for the Tauranga claim (Wai 215) Any conclusion drawn or opinions expressed are those of the author

4 3 CONTENT Part 1 INTRODUCTION 1. 1 Acknowledgments 1.2 The author 1. 3 The claim Partn NGAI TAMA RA WAHO 2.1 Te Pou Toko Manawa 2.2 Kinonui 2.3 Ngai Tama Rawaho Hapu 2.4 Contempory Settlement 2.5 Ngai Tama Rawaho, Nga Whenua Toenga (The remanent lands) 2.6 Te Rii 0 Ngai Tama Rawaho 2.7 Ahu Whenua 2.8 Taonga KumaraIMaara 2.9 Estuaries Taonga Kaimoana Partm TE MURU 0 TE PAPA 3. 1 The Church Missionary Society's acquisition of Te Papa 3.2 Governor Gore Brown's Despatch to the Duke of Newcastle 3.3 Lands Claims Ordinance Turton's Deeds 3.5 Brown's Letters to Williams Part IV NGAI TAMA RAW ABO AND KINGITANGA 4.1 Kingitanga 4.2 Enactments which impacted uponngai Tama Rawaho 4.3 Kawanatanga 4.4 Military intervention 4.5 The Cession, its impact upon Ngai Tama Rawaho 4.6 Tirohanga, Ruritia (To view, to site noting aspect - to survey) 4.7 Ngai Tama Rawaho mai Kinonui, Ngaiterangi ki Te Kawana (from Kinonui Ngaiterangi is to the Crown) 4.8 Te Hoko 0 Te Puna Katikati Block 4.9 Crown Grants to Maori - Otumoetai Part V PRIV ATISATION OF THE TRIBAL ESTATE 5.1 Reserves and allotments 5.2 Partitions identifying allotments returned to Ngai Tama Rawaho 5.3 The return of Taumata and other blocks 5.4 Timber cutting rights acquired by The Rakau Coy 5.5 Allotments 536 and 535

5 4 Part VI TOENGA TAONGA 0 TE RAUPATU, KO TE MOANA 6.1 Nga Taonga ite Moana (The treasures of the sea) 6.2 Inner Harbour specific to Ngai Tama Rawaho 6.3 Taonga Moana Ki Te Whenua (property rights to the sea and to the land) 6.4 The Loss of the Moana Part VII LEGISLATION 7.1 Background To The Tauranga Moana Trust Board Act Review of the Maori Trust Board Act Some final thoughts 7.4 Treaty of Waitangi Act 1975 (as amended) Part VIII TAURANGA DISTRICT COUNCIL 8.1 Statistical Information 8.2 Property Values within Tauranga District Council 8.3 Council Policies on Maori Claimants/Claims 8.4 The Tauranga Town Hall Affair 8.5 Recent Statistics CONCLUSION APPENDICES: A. A 1 Statement of claim A2 Particulars ofthe claim A3 Nga Poutokomanawa 0 Te Rohe Ngai Tama Rawaho A 4 Principle Acts of cession A5 Relief sought B. B.1 Waitangi Tribunal Commission c. C. Confiscated Lands - Tauranga Submissions by Dr. Pei Te H Jones D. D.1 Rangihoaia Matthews Affidavit D.2 Waitangi Tribunal Claim No. 86 E. The orthodox story not only holds the raupatu Compiled by Piripi Winiata 14 May 1997

6 5 PART I INTRODUCTION 1.1 Acknowledgments The Wai 659 Report endeavours to capture the Ngai Tama Rawaho comprehension of the plight of its hapu: the events leading up to the cession by the Crown of their tribal lands since the arrival of the Church Missionary Society and the subsequent effects of colonisation. For many years Ngai Tama Rawaho harboured the anguish of their loss which was well documented by the late Dr Maharaia Winiata. Kua tatu tono wawata, rna te Kawana whakatu ano he Tripunara ki te whakarongo, ki te wananga ite nako 0 tono whanau. Kua tae mai te wa. (It has been his long desire for the Government to commission a Tribunal, to convene, to hear, to debate, to recall the long held anxieties of his whanau. The time has now come) His documents and personal records, will now be made public at the Waitangi Tribunal hearings for the claim. His whanau recognise the Waitangi Tribunal hearings to be the appropriate forum to present the Ngai Tama Rawaho story. This report, i whakau mai runga ite whakapono ite tino rangatiratanga 0 Ngai Tama Rawaho (its genesis is founded upon belief and the enduring greatness of Ngai Tama Rawaho). The comprehensive records of Dr. Maharaia Winiata kept by the whanau will provide the substantive evidence for the claim. The financial cost born by the individuals of the whanau has been high, they cherish their independence and self reliance, a trait they esteem. This character sets them apart from other claimants in the Tauranga Moana Rohe. Des Tata, Peri Kohu, Piripi Winiata, the Whakaturou Trustees are singled out for their encouragement and support to complete this report despite the fiscal restraint and the

7 6 requirement of the Waitangi Tribunal to comply with its schedules. Des Tata had accumulated over many years valuable reference material now included in the data accompanying this report. 1.2 The Author My name is George Matua Evans, an Associate of New Zealand Institute of Valuers and a Registered Valuer, with an annual practicing certificate. I qualified as a Registered Valuer on 1 June 1965, completing the examinations set by the New Zealand Institute of Valuers. Was admitted as an Associate Member of New Zealand Institute of Valuers 5 July 1965, received a certificate of registration No on 27 March 1968, from the Valuers Registration Board. During my career as a valuer I have acquired a good knowledge of land and property legislation, especially in relation to Maori land. I was a recipient of a Churchill Fellowship and a director of the New Zealand Wool Board, a founding director of the New Zealand Rural Bank and Finance Corporation. 1.3 The Claim The claim was lodged by Desmond Matakokiri Tata on behalf ofngai Tama Rawaho on the 24 of January 1997, and was registered by the Waitangi Tribunal on 10 March 1997as Wai 659. The claim concerns the raupatu area that the Crown retained to compensate the militia for their use following the battle of Gate Pa and Te Ranga. It was the most important area of the Ngai Tama Rawaho estate. The estate in the claim is determined by referring to the South Auckland District cadastral map, NZMS 261 sheet V14 Tauranga, and NZMS 261 sheet V15 Ngongotaha. The Survey Blocks are - Tauranga S D Blocks ll, m, V, VI, IX, Xill, and XIV

8 7 Otanewainuku SD Blocks II, m, VI, Vll, VIII, X, XII, XIV, XV and XVI Rotorua SD Blocks II and ill Tapapa East SD Blocks Vll and IX. The tribal land is fixed by the Waimapu Stream in the east and the Wairoa River in the west, the sea to the north east and Mangorewa River to the south. The outstanding feature of the estate is the Kopurererua Stream which divides the land mass, arising from tributaries from the maunga tipuna Otanewainuku. Other tributaries arise from the maunga tipuna Puwhenua which flow into the Wairoa River which empties into the Oreanui Estuary. The claim totals 25,000 hectares, within the survey blocks detailed, which are acknowledged as being the very fabric of taonga whenua, moana, awa, ngahere, roto, me na mea katoa i runga, i raro i era takiwa. Part two identifies the genesis ofngai Tama Rawaho and their ancestral ties to Kinonui a ancestral chief. It notes the occupation rights of the hapu identifying the land and the estuaries which provided sustenance. Importantly included is a recent Maori Land Court judgement reaffirms the Ngai Tama Rawaho claim to their tribal estate. Part three covers the acquisition of the Church Missionary Society of Te Papa, and the Turtons Deeds identifying the Ngai Tama Rawaho tipuna who were involved in the cession. The Deeds of the cession are examined closely for the Maori text notes what Maori understood to be the alienated. The CMS correspondence reveal the concerns about the acquisition ofte Papa. Part four introduces Kingitanga and the reasons for the support given to the King movement by Ngai Tama Rawaho. It reviews the battles of Gate Pa and Te Runga and the

9 8 enactments of the colonial government used to acquire the Maori estate. It details the sale of the Te PunalKatikati block soon after the Pacification meeting in August Part five covers the return of areas to Ngai Tama Rawaho as Crown Grants and the creation of reserves. It records the allotments created within the Raupatu area and the issue of Certificates of Title in favour of the Ngai Tama Rawaho descendants. The sales of the Taumata blocks to the Crown is identified which further eroded the estate of Ngai Tama Rawaho Part six covers the importance of the Tauranga harbour and the estuaries which are of cultural significance to Ngai Tama Rawaho. The ownership rights to the harbour and estuaries and the intrusion of development since colonisation is addressed. Part seven covers the founding of the Tauranga Moana Trust Board, the review of the Maori Trust Board Act 1955 and importantly the Treaty of Waitangi Act 1975 (as amended). The long held belief of Ngai Tama Rawaho in the importance of the tino rangatiratanga is affirmed. Part eight covers the response from the Tauranga District Council in response to an inquiry regarding its stance about the Ngai Tama Rawaho claim to the Waitangi Tribunal. It includes statistical information detailing the wealth and growth of real estate within Tauranga

10 9 PART II NGAITAMARAWAHO 2.1 Te POll Toko Manawa The Kinonui tahu (line of decent) identifies Kinotaraia (Tamarawaho). The tino rangatira whose pa was Otamataha, he begat Tuaurutapu a tino rangatira whose pa was Motu 0 Pae,.who begat Pareaoana a tino rangatira whose pa was Rangipani (Huria). The Kinonui tahu (line of decent) identifies Tahuriwakanui ka moe (married) Taumata and begat Waikohua (t). Waikohua ka moe (married) Arona from the Kinonui tahu heke (direct decent). Te uri (issue) of this union was Rauhea Koikoi, ka moe Matatu, nga uri ko Hakaraia (killed in the battle of Gate Pa), Maora (t), Te Hikuwai Ct), Ngawhetu (t), Te Auetu (t), Nga Kumama (t), Te Rangiwhakarewa (t), and Te Rauhea (m). They are the principal whanau of the Ngai Tama Rawaho hapu. Hikuwai ka moe i Whakaturou their son Nepia fought in the battle of Gate Pa along with his father, his uncle Hakaraia and his grandfather Rauhea Koikoi. Following the Battle of Gate Pa, the whanau ite mutunga 0 te pakanga ka tapa ratou te ingoa mou mahara mo ratou ko Ngati Mate Pu (this family to record in memorial the event of the battle of Gate pa became known by Ngati mate pu) and since then are known to this day as the issue of those who died by the gun, the principal families are the Kohu, Tata, Nepia and the Matthew families). 1 1 The detail of the Ohu-Ariki of the Ranginui-Kinonui whakapapa was briefed to the writer by Peri Kohu

11 10 Pride of place upon the toko pou tabu (front ridgepost upon which rests the ridgepole) of the Tamateapokaiwhenua marae at Huria stand the tekoteko of the warrior rangatira of Ngai Tama Rawaho, Tahuriwakanui. With taiaba in hand he looks to Mauao and across the sea alert to the threat of invading forces, he features in the Kinonui ohu ariki whakapapa.

12 Te Mapihi Tutereinga Kaponga Kahupaea Pata Tahupotiki Matangi Takiri Papawhakairi (t) Tahuri OHU-ARIKl Koropu Te Wehi WHAKAP AP A KINONUI Tuhimata Tohuariki Kokiri Waitawhiti (t) Te Maanga (t) Taumata (t) TeMoko Pirpi te Kaponga Ranginui te Kaponga Morehu Tutereonga Kaponga Kahuwhaia Pata TahupotiId Tamarakei PaId Tahuriwakanui Mokoroa Piripi Homai RANGINUI KINONUI Hangarau Kinotaraia Kinotaraia Hangarau Kuraroa Kohurupo Weka Tuaurutapu Waikarere Tuhimata KoIdri Takorohape Pareaoana Poutama Waitawhiti Maki Te Autahi = Hikuroa =Hei Maanga Wehi Marua Hinehou Hoataua Hineoro = Papawhakairi TeHono Pahii = Taumata (f) TeHurinui Rourou Kiriwhakarewa Waikohua (f) Arona Waiohotu Rakera Paraone Koikoi ===================================== Matatu Rahipere = Maora Hikuwai Ngawhetu Auetu Ngakumama Rauhea Hei =Tahupotiki Waitangi Tamarakei Takiri PaI!awhakairi =Paki Tahuriwakanui = TeMako I Rangiwhakarewa

13 Kinonui The Ngai Tama Rawaho Ohu-Ariki is recorded in the Native Land Court records, and private notes kept by Tipuna. The principle Ohu-Ariki for Ngai Tama Rawaho is taken from Tauranga Minute Book Number 2, page 97, is representative ofthe Wai 659 claim. The information presented, brief as it may be, captures the Ohu-Ariki of the descendants of the Ngai Tama Rawaho. We can revisit the Rangatiratanga of the respective tipuna and whanau which in tum constitute the Hapu. The respective whanau of the Kinonui, in tum constitutes the Ngai Tama Rawaho Hapu. The contemporary Rangatira are the principles scheduled in the Kinonui Ohu-Ariki, are the constituent kin of the Wai 659 claim. Especially, Tahuri Wakanui, Te Moko, Piripiri te Kaponga and Ranginui te Kaponga. Subsequent to the Raupatu, the Crown enforced individual customary title to whenua effecting a change to a land title system which had endured for centuries, and by doing so, it ravaged a well founded property right. Tino Rangatiratanga under threat was relegated by the transfer of authority sacrosanct to rangatira to minors once the property right was vested in them. The authority of the Rangatiratanga was lost and a new culture now dominated Maori society. It was a move which the colonists nurtured, it was worth advantaging, it permitted the intrusion into the ancestral rights of maara and papatipu. At the tum of this century the mana of Te Kaponga had been undermined by the Crown. The effect of Raupatu had

14 13 destroyed a hierarchy nurtured and respected over many centuries. It permitted the acquisition by the Crown the vast and valued estate ofngai Tama Rawaho. 2.3 Ngai Tama Rawaho Hapu Ngai Tama Rawaho is a hapu ofkinonui. Their common Tipuna Tamateapokaiwhenua was a Ariki of the Takitimu waka which whakatauaki record came form Hawaiki and landed in the vicinity of Te Awanui (hereinafter known as the Tauranga harbour). Their history is detailed in whakaiaro, kowhaiwhai and tukutuku in the whare tipuna Tamateapokaiwhenua at Huria. Ko Takitimu, Te Waka Ko Tamateapokaiwhenua, Te tangata Ko Te Awhirorangi, Te Toki Ko Rapanga-i-te-ata-a-nuku, Te Hoe 1 I 'I Ngai Tama Rawaho through their contempory tipuna the patriarch Haurea Koikoi and the matriarch Matatu, claim the Waikareao and the Oreanui estuary with its environs are an integral part of their ancestral home. They were not signatories to the Treaty of Waitangi and have consistently asserted their tino rangatiratanga and mana whenua of their ancestors as detailed in whakapapa. The Kinonui tipuna the progenitor Ohu ariki of the Ngai Tama Rawaho hapu over time multiplied the kinship with other Ohu ariki who developed their own identity. They in tum evolved and founded new hapu, the identity of each whanau with in the hapu preserved their kinship by way of whakapapa identifying to the common tipuna Kinonui. The ancestral thread existed for the kin folk the hierarchy of each was determined by a tuakana or taina relationship.

15 14 With regularity taumau (arranged marriages) were effected by the elders, cousin married cousin, a nephew married an aunt, an uncle married a niece a custom to ensure Rangatiratanga controlled the ancestral lands. Today hapu which identify to Kinonui, and others with Ngai Tama Rawaho, who had developed their own distinct hapu in a defined geographical area. It was not out of respect for Kinonui rather its was a means to be identified with a particular rohe. The hapu ofngai Tama Rawaho are of Kinonui but owing to their long association and continued habitation of a select region they distinguished themselves as Ngai Tama Rawaho. The hapu of Ngai Tama Rawaho occupied the region defined in the earlier part of this report. It is with out doubt the origins ofngai Tama Rawaho are founded in whakatauaki when the Ohu tipuna settled at Mauao and their close relationship with the sea dominating their lifestyle. The Williams Dictionary of Maori Language records Rawaho as the "wind from the sea" ka whiti te Rawaho, na kua tae mai te kakara ki te ihu 0 Tinirau, a cultural hero who lived on a. sacred isle ofmotutapu. Ngai Tama Rawaho persona did not exist but identifies instead the Kinonui hapu association with the treasures of Tinirau, domiciling Mauao, the inner harbour and the hinterland to Mangorewa. The rohe and hapu became known as Ngai Tama Rawaho. There is a common ancestral kinship between Ngai Tama Rawaho, Hangarau and Waitaha, on a hapu to hapu basis, he taura whitikiranga, (the bonds that bound) however N gai Tama Rawaho exists as a separate and distinct hapu.

16 15 The commissioners of the Crown during the 1800' s bereft of Maori tikanga and kaupapa were ill equipped to determine the customary rights of tangata whenua. Instead they were resolute, classifying all Maori in the Tauranga rohe to be of Ngaiterangi, an inapplicable designation indeed. It was exploited to suite a purpose, nevertheless Ngai Tama Rawaho as a hapu existed, its rohe was well founded and was not extinguished. The Crown latched on to the use of tribe as a collective pronoun it is a misnomer, the closest equivalent in Maori, is a collective adjective a prefix, such as Ngai, Nga, Aitanga, Hapu and Whanau. 2.4 Contemporary Settlement The significance of the Court Order vesting Te Ranga in the tipuna in Rauhea Te Koikoi and Matatu Rauhea validates the Ngai Tama Rawaho claim recorded in past petitions to the Crown. 2 A contemporary settlement determined by the Maori Land Court on 24 May 1993, vests the Te Ranga Battle Site Historic Reserve in tipuna Ngai Tama Rawaho. The Court minute records: Date: Monday 24 May 1993 Application: 37 File Re: Allotment 728 TE PAPA PARISH (NZG 1980 P 3274 PLAN 45239) TE RANGA BATTLE SITE HISTORIC RESERVE 2 See Document Bank Wai 659 No: 3B - Minute Book MB52 Tauranga Order Revesting Land Acquired for Public Works

17 16 Section 436/53 This is an historic occasion. The Court pleased to be involved in this application which was worked out between the Crown and the people of Ngai Tama Rawaho. When I look at the file and see what is there and what has been done, I can see that it has not been easy. There has been a lot of work behind the scene and it has led to this application today. I welcome you all to the Court and thank you for showing your interest, concern and support for the application. There is an Order under Section 436 vesting the land described in the application, the short description of which is hectares more or less being Allotment 728 Parish of Te Papa being all the land in Survey Office plan in Rauhea Paraone Te Koikoi and Matatu. Then acting under the provision of Section 27(2}/53 the Court makes a further Order under Section 437(4} vesting the land in the Te Runanga 0 Ngai Tama Rawaho Incorporated as trustee to administer the land as a wahi tapu for the benefit ofngai Tama Rawaho. The Court records that this later order is intended as an interim measure so as to provide somebody who is capable of administering the land. It is understood that consideration will be given to the creation of this land as a Maori Reservation under Section 439 and the intention is that the Section 437 Trust would be cancelled when the Section 439 Reservation is made and a trustee or trustees appointed under that section. Kia ora. 3 3 Tauranga Minute Book, Volume 52 Folio 72 - See Data Wai 659 Folio

18 Ngai Tama Rawaho, Nga Whenua Toenga (The remanent lands) Ngai Tama Rawaho are descendants of Kinonui about the time a volcanic eruption spread throughout his tribal land the parent Kaharoa soils of Otumoetai and Te Papa around 800 years ago. During the last 250 years Ngai Tama Rawaho Hapu identified themselves within the rohe earlier defined, striking its takiwa as realty founded on whakatauaki. The history of Ngai Tama Rawaho takiwa is documented in the whakaiaro in Whare Tipuna Tamatea Pokaiwhenua at Matarawa.(Huria Marae at Judea).4 Scheduled are the principle rangatira of the of Ngai Tama Rawaho ancestral pa which had strong ancestral affinity with Tangaroa. Ko ki Tauranga I u mai a Takitimu ki Tauranga nei. Ka noho iho Tamateapokaiwhenua me tana whanau i Papamoa. Kei reira to ratou Pa i tenei ra. Ko otira te mahinga ika, ko Owharo te maara kumara. I haere atu a Kahungunu i Papamoa noho rawa mai i Te Tairawhiti Ka tupu nga uri 0 Tamateapokaiwhenua ka wehewehe haere ki te whenua. Ka hanga i 0 ratou Pa. Ka noho a Ranginui ki Pukewhanake Ko Kinonui, ko Heremanuhiri i noho ki Maunganui Ko Kinomoerua i noho i Matuaiwi 4 ibid, August 1974 Dr Maharaia Winiata P.32-36

19 18 Ko Kuraroa ki Otumoetai Ko te Kaponga ki Tutarawananga ki Poike 5 Raho of Ngamarama was pursued by Tuimata kitemanga Kopikopiko. There he lost him but eventually came across his footprints and traced them to the Te Rerenga Stream, now known as Te Rerenga or Raho. Its boundaries are set by Maunga Kopikopiko, Arapakapaka o Manawa ki Puwhenua, Waiopohutu, Opoutihi, Ngatawai, Whaiti Kuranui and Te Takapou 0 whareana. 6 These areas define the southern rii (boundary) 0 Kereru me Tuaurutapu. Tuaurutapu lived upon this land as agreed between himself and Kereru a contempory. A dispute arose between them in respect of their rights, which resulted in Kereru leaving Rotorua with a ope Taua (warriors) to move into the Taumata blocks. There he met women and children of Tuaurutapu gathering food they were taken as prisoners and persuaded to escort the ope Taua to their pa. Tuaurutapu, aware of the ope Taua, evacuated the pa and intercepted Kereru and his ope Taua, realising the women and children of his whanau were captives he elected not to engage in battle. A settlement was negotiated and Kereru agreed to determine a boundary between themselves of Arawa and Tuaurutapu at the Mangorewa gorge. It became known as Te Rii 0 Kereru and Tuaurutapu. 7 5 See Appendices translation 6 National Archives of New Zealand, Maori Land Court Minute Book - Appendices F 7 Rotorua Minute Book 3-12/7/82 P.313 See Data 22/1/96 Registrar of the Court ref 44/7/29

20 19 Nga uri 0 Tamateapokaiwhenua were seafarers steeped in Tangaroa and its whakatauaki, were depended upon the moana for food and transport. They identified with the legendary Tinirau (kaitiaki tohora) who's pet was a whale, he as well depended on the rawaho (katabatic breeze) to make land fall. Ka whiti te rawaho, na kua tae te kakara ki te ihu 0 Tinirau rna reira paeheretia ai ki te moana. ( offshore sea breeze with all its associated scent of the land once detected by Tinirau it was his assurance of his bonds with the land) Te nohoanga 0 Ngai Tama Rawaho reflects the ancestral paeheretanga ki te moana. (The resiting, dwelling place ofngai Tama Rawaho is bonded to the ancestral lands founded by tipuna) Tamatea a legendary mariner had high respect for the ocean and in his journeys to Mauao he encountered the rawaho a weather phenomena experienced across the Tauranga inner harbour. Mauao( Mount Maunganui) and the harbour configuration ideally suited the elements to promote the offshore breeze with its own unique qualities. The offshore breeze in tum is promoted by the gradual elevation of the land which cools at night, from sea level to 600 metres over 30 kilometres inland to the peaks of Taumata Ngai Tama Rawaho descendants were identified in 1868 (see Deed dated 1868 Matapihi) and by Commissioner Brabant 1881 during the reportioning of the Taumata Blocks, whenua taunaha mai te Raupatu ite Kawanatanga. 2.6 Te Rii 0 Ngai Tama Rawaho He Patere na Te Kaporangi

21 20 Kia marama taku titiro ki Tauranga E ko Ranginui, e ko Te Rangihouhiri, ki Rangataua ko Tamapahore. Kia tu rangatira tonu au i runga 0 Waimapu, na Kahuwhaia ko Tahuriwhakanui, Piki ana au i Te Taumata i te Rii a Tamarawaho Ngai Tama Rawaho, in July 1865 met at Matapihi to decide how to preserve the remnant lands of Taumata. They sought a lease of the area. The signatories to this deed authenticates the Wai 659 claim and dispels the claims by pretenders to Ngai Tama Rawaho whenua tipuna. Of the 33 tipuna, Anam and 16 others who signed the Matapihi deed relating to the balance areas oftaumata on 8 July They are also scheduled in land blocks assigned in favour ofngai Tama Rawaho by commissioner Brabant following the hearings of March The Ngai Tama Rawaho rohe lies within the Wairoa River to the north, the Waimapu River to the east and the Mangorewa River to the south. The customary boundary extends out across the Tauranga Harbour to Tuhua and beyond. The tribal estate specifically lies between the Omanawa River, Waiorohi Stream and the Hukanui Stream, arising in the ranges to the south. The Omanawa River arising beyond Puwhenua, 2030 feet above sea level, and the Waiorohi Stream arise from the peaks of Otanewainuku, 2085 feet above sea level. These two ancestral taonga are eight kilometres apart, in between the two taonga

22 21 maunga IS the Tautau Stream, arising from Otanewainuku, which gives nse to the Kopurererua Stream. The Wairoa River empties into Oreanui Estuary to the Tauranga Harbour. The Kopurererua empties into Waikareao Estuary then into the harbour. Between the two estuaries is the peninsular ofotumoetai and east of the Waikareao is the peninsular Te Papa. The rivers and the streams are taonga which feature in the Ngai Tama Rawaho whakatauaki. Over the centuries the rivers have carved the landscape leaving precipitous gullies and deep gorges. The estuaries of Oreanui and Waikareao were a major food supply for Ngai Tama Rawaho and once had an abundance of kaimoana. The entrance to the Tauranga harbour between Panepane on Matakana, and Mauao on the Maunganui is opposite the isthmus of Otumoetai The mountain fed rivers and streams ensured a plentiful supply of fresh water to maintain a balance in salinity levels of the inner harbour waters, creating a unique habitat. The unpolluted waters, free of sediment and debris, at particular times of the year provided an ideal habitat for the masses of spawning kahawai. 9 They were the principle species of a long food chain which extended well beyond Tuhua. 10 The migration pattern of fish determined the Ngai Tama Rawaho social interaction with other hapu, marking the seasons to allow inland hapu the opportunity to partake in the harvest of seafood. Sadly today this is not the situation. The haste of the slash and bum policy of the settlers to create a pastoral 8 Brabants Report on Lands Returned (AJHR 1886, G 10) The Inland Blocks. Minutes of the Commissioners Courts held at Tauranga under the Tauranga District Lands Acts 1867 and See Appendices C. 9 Journal of the Tauranga Historical Society Inc. March P David B Borell IP 10 ibid, May Map of fishing grounds P.25

23 22 based economy put paid to the pristine waters. Erosion and sedimentation is evident to this day, a legacy of irresponsible land use. For Ngati Raukawa, Ngati Haua and Ngati Whakaue, Tauranga was the centre of customary trade, cementing bonds of kinship with mutual interdependency. Inland whanau of Ngai Tama Rawaho relied on kaimoana for survival and other inland hapu relied on kaimoana the only source of essential vitamins and trace elements especially iodine which prevented goitre. This papatipu of Ngai Tama Rawaho, from the earliest sightings by Europeans, was sought for its unique qualities, and its importance to the economy of New Zealand today manifests the extent to which its has been coveted. The sheltered harbour today allows shipping companies to trade in safety as it did in the past for Maori a highway to communicate to the north to Katikati, to the boundaries ofngati Maru, and beyond.. Early missionaries records (1830's) state Te Papa and the Otumoetai Peninsular were clear of native trees and areas not cultivated were grew strong, healthy aruhe (bracken fern). Prior to the raupatu Ngai Tama Rawaho actively participated in the settler economy. The true worth of Maori agricultural advancement during the 1850's was reflected in their efforts to prepare the soil, to cultivate, to manage and hand harvest vast quantities of wheat. (At the commencement of hostilities in 1864 the district disposed of 100,000 bushels of wheat (2678 tonnes) and there was already stacked a further 100,0000 bushels around the Maori villages. 11) The magnitude of the industry dispels any criticism of Maori who labelled as heathens; their skills of ahu whenua (knowledge of soils) climate and seasons was 11 ibid, August Population figures - J P Porter P.27

24 25 To the north of the Wairoa River the soils are identified as the Waihi Suite. These consist of Waihi ash, identified as the Whakamarama sandy loam and the Whakamarama sandy loam hill soils. The Waihi ash soils are less fertile than the Kaharoa soils and are brown, sandy loam about 100mm in depth. The Waihi ash soils are much older than the Kaharoa ash and are about 8000 years old. They may have originated from the eruption of Tuhua (Mayor island). Where weathering is evident Taupo ash is exposed, laid about 2000 years ago. Kaharoa ash soils are free draining with good tillage, are friable and respond to low applications offertiliser. Natural fertility is high and is easily maintained. Nutritive elements are freely released and the natural ph range is between 5.6 and ideal for root and grain crops. Early Maori discovered centuries ago the value of these soils to maintain the valued kumara, the chief source of vegetable protein, digestible fibre, sugars and carbohydrates. The Te Papa promontory is frost free and it allowed crops to be sown ahead of most other areas. There was a ready supply of fresh water from the Kopurererua for irrigation during the early stages of growth. The Taumata clay loams are not as free draining. They tend to require more fertiliser, trace elements, in particular cobalt. The Mangorewa soils had a recent layer of ash from the Rotokawa eruption its soils are highin molybdenum and are oflow fertility. For the past 800 years the descendants ofkinonui, in particular Ngai Tama Rawaho, realised the importance of the Kaharoa ash soils providing them with an abundance of root crops Soils of North Island, New Zealand - Soil Bureau Bulletin (n.s.) P.38, 63, 74, 78, 100 Fertilisers and Soils in New Zealand Farming - C During P. 238

25 24 The upper profile of the soils comprise light brown or yellow pumiceous silts and sands of the younger volcanic ashes to depths of four metres. Those sediments overlay stiff clays with a base of light grey-white finer silts. The upper four metres of the younger ashes may be subvertical and slabbing may occur as these soils dry out or due to support movement from below. The principle soil types are known as the Kaharoa Suite which is rated as one of the most valued soil types within the known soils of New Zealand. The Kaharoa Suite extends from the Wairoa River in the west to the Waimapu River through to Paengaroa and inland to Te Puke. The Kaharoa Suite is derived from deposits of volcanic ejecta identified as Kaharoa ash which occurred 800 years ago. Its greatest depth can be 240mm of blackish brown, medium sandy loam overlying a yellowish loamy sand. Along the banks of the Waiorohi Stream it is identified as an Oropi sand and towards the southern areas it is known as a Mangorewa sand, which comprises 100mm of Kaharoa ash upon Rotokawa ash. The Mangorewa sand. overlies the brown sandy loams of the Rotokawa ash. Further inland the Taumata clay loam soil is derived from green sandstone and mudstone, with some calcareous mudstone. 15 ibid, June 1982 Lot 384,383 P.7 16 ibid, December 1972 P.21

26 23 unquestionably superior to those of the colonists. To produce 100,000 bushel's of wheat it required at least 1500 acres to be cultivated, plus a further 1500 acres in fallow, a large tract of land to be worked by horses to plough, disc and harrow. Maori bonded to the soil and knew its worth it was protected and revered a tie to be severed if the Crown was to acquire their land. 2.7 Abu Wbenua It is appropriate now to look at the peninsula of Te Papa, Otumoetai and Greerton upon which Tauranga city is built, an area of 3000 hectares. This promontory is the most valued land of the Ngai Tama Rawaho estate, its profile and soil fertility accounted for the high population density ofthe whanau who settled here. The area was sought by, ope Taua of Kauhangariri,( a battle field of warring factions) who coveted the bounty of this area but to no avail - it was well defended by the coastal pa (fortress) of Otamataha l2, Waikareao, Otumoetai,13 Matua Iwil4, Matarawa, 15 Tutarawananga and Oreanui 16 to name a few. However colonisation by European, the musket and the canon destroyed those bastions of sanctuary, it was wanted by the missionaries, provincial councils, entrepreneurial land dealers and the Crown as well to satiate their own needs Specific enactments, especially the New Zealand Settlement Act assured the expulsion of Ngai Tama Rawaho from its prime real estate soon after the battles of Gate Pa and Te Ranga. 12 Journal ofthe Tauranga Historical Society Inc. December 1974 P. OT3 13 ibid, Oct-Dec 1965 J P Porter - P ibid, December 1968 P.ll

27 26 The Oropi Mangorewa and Kaharoa soils derived from volcanic ash supported a broadleaf podocarp forest and a preponderance of tawa. However the Taumata clay loam soils supported broadleaf podocarp forest of puriri, kauri, rimu, matai, puriri, pukatea, whinau, mairi, miro, manuka and kanuka. The trees of ngahere (inland native bush) grew in specific groves ranging in area from one acre to five acres each named to identify the bird-life particular to its habitat. They were referred to as 'ko te pa 0 ngahere miro, whinau, karaka, titoki and so on have long gone with the removal of the forests. Ngai Tama Rawaho practised a system of controlled harvesting of manu (birds) to ensure the species survived, the kereru were taken during late April or early May when the miro berries were at their ripest. Once the birds moved on to other trees to feed, such as the whinau and the nikau, snaring of the birds ceased. Rimu and totara were selected to produce waka a taonga and akekake for weaponry. It took many hundreds of years to grow the trees of the right diameter and length to produce a waka and the pa rimu and totara were managed carefully. Conservation of the environment, the management of ngahere and the coastal lowlands developed a culture unique to Maori not readily understood by the colonists. Their indiscriminate clear felling and burning off of the podocarp forests destroyed an ecosystem and depleted the natural soil fertility This clear-fell policy replaced native bush with pastures in the process exposed the soil to erosion destroyed tikanga and kaupapa which sustained a culture fostered by Ngai Tama Rawaho for many generations.

28 Taonga Kumaral Maara Te Papa and Otumoetai supported extensive kumara maara was held in high esteem by Ngai Tama Rawaho due to the unique soil types, treasured as the food basket for the tangata whenua. The ems in acquiring the land failed to recognise the importance and the significance of the maara to Ngai Tama Rawaho. 18 The 1921 Waiapu minute book records: referring to maara in the Te Araroa Native Township. "The Appellate Court expressed its opinion that the principle adopted by the Native Land Court was wrong, and annulled the decision before and remitted the matter back to the Native Land Court stating that as far as practicable it should decide the ownership for the various maara. The Land Court decided that before it could proceed it was necessary to define a maara and came to the conclusion that: a maara is a cultivation which, owing to the exclusive nature of its use either by individuals or group of individuals becomes, by that very fact as it were, a separate and distinct papatipu detached from the general domains of the tribe. It loses its identity as tribal property in favour of the individual or group, the ancestors of the future, just as the individual of the past by acts of appropriation, peaceful or otherwise, become the ancestor of the present. 18 See Admiralty Chart 2521

29 Plate 13 - OTUMOETAI, TAURANGA, November 1852, from Admiralty Chart 2521, drawn after the survey of Tauranga Harbour by H.M.S.Pandora. The fenced property east of Otumoetai Pa belonged to John Lees Faulkner. James Farrow lived near the missionaries' residence, extreme left. Original chart in the British Museum,London.

30 28 The right of the individual to a maara becomes paramount and his right of disposal exclusive, subject to no interference from the tribe excepting only in the public interest.,,}9 This decision of the Native Land Court clearly distinguishes the difference between maara and papatipu, Te Papa and Otumoetai although being papatipu were also exclusively maara. Kumara was an important taonga ofngai Tama Rawaho, providing their diet with the main source of carbohydrates, vegetable protein and fibre.. Ngai Tama Rawaho grew four main species ofkumara - te rahi pere (Tauranga red) te hutihuti, te pokena, me te reka maru?o The deep rooting fern tapped the subsoil minerals and burning off provided a natural source of phosphate and potash - essential elements for the growing of kumara. A rotational cropping system ensured the resources were never depleted. The land was cleared systematically and regenerating fern (aruhe) was encouraged to grow on areas suited for maara (soils free draining friable suited for cultivation) extending over most of the 3400 hectares ofte Papa. The Kaharoa sands and ash with natural fertility provided the maara with unique qualities which in turn provided for needs of tangata whenua. The kumara was propagated from plants (tipu) in large nursery beds prepared for the purpose. One tenth of the annual crop harvested was set aside as purapura (seed stock), bedded down in select areas that were warm and free draining to generate the new plants for the early planting's. The maara 19 Kawakawa - Mai - Tawhiti Te Araroa - An East Coast Community, A History P.218

31 29 enclosed by the inner harbour eliminated the risk of late frost which often destroyed whole crops. The kumara tipu laid in August-September grew regenerating plants to be harvested continuously and were distributed far and wide to outlying hapu. It permitted those hapu to establish their main crops as soon as the frost season was past, the maara of Tauranga was a large nursery for other tribal areas of Arawa, Hauraki and Tainui. Reverend A.N Brown's journals note the planting of kumara at the end of November and early December in Matamata the early planting's were set by the availability of tipu. Te Papa soils provided early mature plants and enjoyed an advantage over other maara. The main crops required long sunshine hours to swell the tubers with increased sugar levels To propagate the tipu whaka aeka (special plots) were laid with selected tubers to ensure the tipu plants would grow vigorously. They were free draining, elevated above the normal ground level and required frequent watering. Tipu once harvested were tied into bundles of 100 plants and kept in special flax kits packed with moss to retain moisture to retain vigour over distant journeys. During the Second World War the demand for tipu from Ngati Porou was considerable, to supply kao to the Maori Battalio~ especially in Egypt. The kao involved a unique process to preserve 20 AT Tata, Kaumatua Tauranga - refer enclosed Admiralty Chart 2521 displays the respective areas cropped in kumara and the individual plots clearly defining the rows of kumara. Each plot owned by respective whanau.

32 30 kumara. Selected kumara were scraped, ka tauraki, ka maroke, then baked in a hangi again ka tauaraki ano, then packed for transport. 21 The extensive maara sustained Ngai Tama Rawaho were protected along the coastline by pa at Oreanui, Matua Iwi, Otumoetai, Omanawa and Matarawa. They were impregnable, to the battle strategy of early Maori, they protected the maara and there close proximity allowed ample time for people to retreat to the safety of the fortifications. The largest Otumoetai Pa, a situated near the coastline extending from W oods Avenue to Beach Road to Levers Road. This particular pa was impressive. It was a impregnable fortress, even to the canon of later years the remains of this pa is occupied still by the Matheson family who purchased the allotment as Crown grant in The peace stone (mizpah) to commemorate the settlement of peace between Ngai Te Rangi, Ngati Whakaue and Tangata Whenua Tauranga, lies within the present gateway at the entrance to the site. 22 A magnificent site and all credit must go to the Matheson family for resisting the pressures of development and the likely desecration of this taonga, me ki he taonga tuturn. (a treasure which ranks above others) Sections of Otumoetai and Levers Roads with exposed embankments reveal the remnant kumara rna, the high density confirms the wealth of the area as a maara and the importance of kumara. In May 1997, two kumara rna were excavated and backfilled with pumice on the 21 Cure by exposure to the sun 22 Journal of the Tauranga Historical Society Inc. December J P Porter P.16 - Mizpah is biblical Watchtower

33 31 Otumoetai Pa site they were of unique design., one was' a bell shaped and the other had four underground chambers. 23. The latter rna was 2.5 metres below ground level and each chamber complemented the other, were 1.65m high 1.42m wide and 1.42m deep. The corners of all chambers had drainage holes angled into the Taupo ash layer, the floors were covered with fine beach sand 40 mm thick. To back fill the chambers after excavation the larger rua required in excess of 25 cubic meters of pumice a huge storage capacity indicating the crop yields of the adjacent maara. Ngai Tama Rawaho aware of the areas micro climate and unique soil types benefiting from the plentiful supply of fresh water from the Wairoa, Kopurererua and the Waimapu Rivers, developed their own rituals and customs in the cultivation of kumara. The survival of the hapu was founded on taonga whenua and the maara. Today those skills are lost, the maara has disappeared and the competence learned over generations is no longer practised. The maara was destroyed, the land was confiscated and exploited. It is now taken up by buildings and roads. 2.9 Estuaries Taonga Kaimoana The estuaries provided the kaimoana. Tangaroa provided the vast fish species to supplement the staple kumara, a fat free nutritive diet, the fish protein with the essential vitamins and trace elements sustained Ngai Tama Rawaho. Rangatiratanga was sacrosanct to ensure 23 ibid, June 1982 "Arawa Farm" P.25

34 32 taonga whenua, papatipu, maara, taunga ika (fishing areas) was successful the hapu hierarchy remained intact but it was soon exploited and all was 10st.24 A new order arrived with colonisation. Dietary habits changed and disease ravaged the Maori population. The missionaries introduced their biblical doctrines, the traders the musket, gunpowder, and waipiro (alcohol) which violated rangatiratanga, destroying its authority and dignity. It pitched Maori against Maori and precipitated the destruction of mana, kaupapa, and tikanga leading to fragmentation and destitution. 24 Take _ base of a hill or a post to mark a boundary, chief head of a hapu. Taunaha - bespeak, of several persons, already spoken for.

35 33 PART III TE MURU 0 TE PAPA 3.1 The Church Missionary Society's Acquisition OfTe Papa The Ngai Tama Rawaho claim is based on the precise and informative records of the early history of Tauranga. Some of those records predate the signing of the Treaty ofwaitangi, and the later anecdotal records combined with the recent Waitangi Tribunal reports detail the loss of taonga whenua from tangata whenua. Turtons Deeds record the precise areas of Te Papa ceded and the perceived settlement achieved by the C. M. S As well as the payment for purchase of the land. The area was approximately 1300 acres was purchased in two parcels with separate Deeds identifying each sale. The Deeds no. 410 and no. 411 detail the boundaries of the takiwa (boundary) fixed by wahi tapu 0 Ngai Tama Rawaho but omit to set the actual area. 25 During initial negotiations the Reverend Alfred Nesbit Brown met resistance from tangata whenua who opposed the alienation, but were prepared to let the hahi mihinare (the Church of England) use the land. Brown, like his contemporaries, misunderstood and failed to comprehend Maori kaupapa and tikanga. He pursued his own course of action to acquire the land in accordance with the principles of conveyance as he understood them to be. The Maori view is the same today as it has always been, land is inalienable a property right not enjoyed by the individual However in their anxiety to welcome the missionaries as 25 Turton's Deeds - See Data Wai 659 Folio C No. 10

36 34 settlers, heralding new philosophies and covenants, they agreed to a deal on Te Papa to achieve the objectives promised, te ao hou 26. The Deeds are clear. The transaction was indefinite as to area and those involved did not truly represent the whole of the Hapu, the Deed stating "Ida hoko Ida aha noa, Ida aha noa i te whenua no 0 matou tupuna, no matou hold" (to sell for what ever purpose within one's power the land belonging to us alone of our ancestors) "na ko te kaha tenei" ( this is the extent within the line agreed to) Which clearly states it was their own piece of land and no one else's land was to be included in the deal. Brown assured Ngai Tama Rawaho, for both Kaponga and Tahu were of the hapu and present, while the price was relative the real benefit had come from the settlement of the missionaries and colonists. The conveyance was not a legal, apart from the undescriptive areas in the deed, transaction because goods were offered in place of legal tender to the alienees which included a heifer calf 27 ''Maori kawa is founded on the sanctity of papatipu it was everlasting and enduring unlike the mortal beast, a heifer calf offered. The milk of human kindness does not flow to the transaction of an animal as a means of depriving people of their very inheritance". 28 Te Papa was never surveyed until 1851 by G D Ormsby. (original area claimed by the C. M. S. was 1030 acres the survey proved it to be 1333 acres). The Ormsby survey enabled the 26 Translation - a new awakening an initiation for better things

37 35 Crown to issue grant in favour of the C M S. on the 16 July 1852 some 14 years after acquiring the land from Ngai Tama Rawaho. Even then Ngai Tama Rawaho still used the land for maara firmly believing it was theirs. 3.2 Governor Gore Brown's Despatch to the Duke of Newcastle Governor Gore Brown in his dispatch to the Duke of Newcastle in relation to the Maori tenure of land referred to Manorial, Seignorial, Tribal and Feudal Rights. Stated; "persons used these expressions with ideas more or less distinct attached to them, taking it for granted that corresponding ideas exist in the minds of Maori. I question whether if many of the Maoris are better informed on such points now than they were at the time of the Treaty of Waitangi; but it is very certain that at that time no Maori entertained the idea of a right existing in one party which implied an obligation upon all other parties to respect it. No one conceived the idea of authority carrying with it the corresponding obligation of obedience. Such rights and obligations are the creation of Law, and can not subsist without it. The Maori had no law but the law of the strongest.,,29 He further explaining the understanding of the Status of the Chief prior to the establishment of British Sovereignty as: "the power of a Chief in his tribe depended as much on his courage and skill in war, and his ability in council, as on rank by birth or on territorial possessions. It often happened that the most powerful chiefwas a small land owner. Their law was the right of the strong arm. " 27 The Te Papa Block: A History of Church Missionary Society and Crown Dealings 1838 and Vincent O'Malley P.2l. Payment included; One calf, 40 Adzes, 60 large blankets, 40 axes, 40 hoes, 40 shirts, 40 trousers, 12 spades, 100 pipes, 70 pounds oftobacco, 24 scissors, 24 razors, 24 plane irons and 100 fish hooks. 28 G D Ormsby 1851 Forgotten Men - The Survey of Tauranga and District "Seignorial Right" No.2 AJHR 1861 E No.1 - See Data Wai 659 Folio A NO.4

38 36 Archdeacon Hadfield in 1845 said: "the Chief of the tribe, since he has no absolute right - over the territory of the various hapu, law over the lands of the individual free men of his own hapu, can not sell any lands but his own, or those belonging to the tribe which are undoubtedly wastelands. " 30 From these early observations the sale ofte Papa abrogated Maori law. Nevertheless the society retained the land and despite Maori protestations continued occupation of Te Papa. During the late 1850's Pakeha use of Te Papa took a new and dramatic tum., the colonists and provincial government, recognising the immense value of the area for strategic, political, and realty values, exerted pressure on the C.M.S. to sell Te Papa. 31 The matter was resolved by military intervf''1tion. Initially the C. M. S resorted to a sale and lease arrangement. The C.M.S. tried to retain its title but was unable to do so for events of the military took over, the land was surveyed in quarter acre allotments by PC Frasi in1866 in preparation to for miliary settlement. The C.M.S. retained allotments designated within the survey but they too were sold off, Ngai Tama Rawaho did not benefit from these alienations. The posturing and horse trading between the C M S, the military officers and agents of the Crown even to threatening to invoke the New Zealand Settlement Act to cede to the Crown the greater part of Te Papa, paid scant regard to the Maori principles of papatipu. The 30 ibid

39 37 eventual cession to the Crown was interpreted by Maori as the harbinger of ill will, for it was not the te ao hou which the C.M. S, promised. It heralded the fall off in Maori support of the Christian faith, Maori religions gained momentum along with support for the King movement. Distrust pervaded, relationships became strained and a trespass line across Pukehinahina was constructed to preclude encroachment and the further cession of papatipu. The southern boundary of Te Papa had been determined by survey and the balance area was still the Ngai Tama Rawaho estate. Kati (to close oft) was determined by pou (significant post often carved with tribal markings) setting the perimeter of take (survey) taunaha (ancestral inheritance). The kati was translated by Pakeha as a gate, and history records the battle of Pukehinahina as the Battle of Gate Pa. Ka aukatingia a Te Papa, it was the boundary line, the no go zone, to become the cornerstone of the history of Tauranga, Gate Pa. The Bay of Plenty Times of November 1863, notes that during the negotiations the CMS tried to settle with the Crown and offered its share of Te Papa to the Crown for 10,000 a vast amount given the pittance offered tangata whenua for the whole of the block Land Claims Ordinance 1841 Soon after the Treaty ofwaitangi was signed in 1840, Governor Hobson enacted the Land Claims Ordinance Act 184l. The Governor appointed Commissioners from New South Wales to review Pakeha land purchase and its impact on the "Natives". The primary purpose of the legislation was not to protect Maori interests but to achieve fair distribution 31 See Brown to Burrows 19 April 1864, Browns papers MS-Copy-Micro 92