NATIVE LANDS AND NATIVE-LAND TENURE: INTERIM REPORT OF NATIVE LAND COMMISSION, ON NATIVE LAND IN THE COUNTY OF OPOTIKI.

Appendix to the Journals of the House of Representatives, 1908 Session I, G-01m

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1908. NEW ZEALAND.

NATIVE LANDS AND NATIVE-LAND TENURE: INTERIM REPORT OF NATIVE LAND COMMISSION, ON NATIVE LAND IN THE COUNTY OF OPOTIKI.

Presented to both Houses of the General Assembly by Command of His Excellency.

Native Land Commission, Morrinsville, 17th June, 1907. To His Excellency the Governor. May it please Your Excellency,— We have the honour to submit for your consideration a report upon Native lands in the County of Opotiki. The Commission held sittings at Opotiki, Torere, Omaio, Te Kaha, and Orete, and are in possession of data supplied by the Waiariki Maori Land Board. Opotiki is a new county, recently formed out of the eastern portion of Whakatane County. It extends from Ohiwa on the west to Whangaparaoa on the north-east. Within it are the following Maori tribes: Whakatohea, between Ohiwa and Opape; Ngaitai, at Torere; Whanau-a-Apanui, between Hawai and Omaio; Whanau-a-te-Ehutu, at Te Kaha; and Whanau-a-Para-raki, at Raukokore and Whangaparaoa. Whakatohea. Dealing first with the Whakatohea Tribe, we find that they have little land left in their hands. The lands about Opotiki were confiscated by the State by the same Act which affected the lands of the Ngatiawa at Whakatane. The Government subsequently granted reserves out of the confiscated area, the principal block being Opape Reserve, of 20,290 acres. The title to this has just been settled by the Native Land Court. It is not good land, and at best can only be called"second-class land. The owners are desirous of reserving all but a small area. Beyond this the Whakatohea have by ancestral right portions of Whakapaupakihi," residual areas from former sales to the Crown near Motu, and a remnant of the Oamaru Block. Of the latter the Crown has by purchase at various times acquired 87,897 acres. The residue, owned by the Whakatohea, is 16,773 acres (including 4,814 acres owned by their Tuhoe kin). Of this they offer 3,063 acres for lease to the general public, and stipulate that no part shall be sold. We are of opinion that the Whakatohea Tribe has no surplus land for sale. The total area they now hold is 35,449 acres. Of this they offer 6,733 acres for lease to the general public, retaining 28,676 acres. Two of their subtribes are industrious, and have already started sheep-farming on a small scale. Upon

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subdivision of the Opape Reserve, just completed but requiring surveys, various families have turned their attention to farming their small holdings. The schedules to this report will show how this block has been subdivided. Ngaitai. To the north of the Whakatohea, the Ngaitai, of Torere, a smaller but more compact tribe, are large landowners, and hold 64,706 acres, inclusive of approximately 12,000 acres of papatupu land. They have proved their capacity to administer the lands in a businesslike manner. They adopted the system of incorporation as best suited to their circumstances, and used it for the purpose of opening their lands for general settlement. In the first place the Kapuarangi No. 1 West Block was incorporated for the purpose of sale to the Crown. The sale was completed with little trouble, with the minimum of expense to the Crown, and at a price satisfactory to the Natives. The proceeds were carefully allotted by the Committees first towards the discharge of existing encumbrances on this and other tribal lands, and, secondly, amongst the owners according to their relative interests. The area sold to the Crown in this manner was 11,474 acres. There were happily absent from the transaction those incidents which usually mar the purchases of the Crown where treaty with individual owners is necessary. Once it was decided by the people in meeting to sell to the Crown and a Committee was lawfully appointed for the purpose of carrying out their desire, the rest was a matter of bargaining between the Committee and the land-purchase officer. In pursuance of their plan to sell portion of their tribal estate, to lease the greater part, and to reserve a portion, the Ngaitai have incorporated a number of other blocks, Tunapahore South, Takaputahi, Awaawakino, and Waiohoata, chiefly for the purpose of leasing to Europeans. Leases have been executed covering an area of 18,431 acres, and have been approved by the Board. The area under negotiation is 29,240 acres. The area proposed to be reserved for the use and occupation of the tribe (inclusive of the area of papatupu above mentioned) is 16,306 acres. It is proposed to finance the improvement of this reserve on the security of the revenue from the lands leased. They offer for sale an area of 729 acres. If the Ngaitai are regarded as a company or syndicate of landowners they must be complimented on the management of their business, which had as its aim the benefit of the shareholders. They have within three years made available for settlement a very large area of land. There is no better example of the success of the incorporation system in the hands of capable men, representing hapus or tribes that have been accustomed to work harmoniously together, and to sink personal differences for the common good. Whanau-a- Apanui . Their tribal lands adjoin on the north those of the Ngaitai. Indeed, the two tribes have for a generation keenly disputed the intertribal boundary. Successive Courts dealt with the boundary blocks, and a Royal Commission was set up by Parliament to dispose of the disputes. The bulk of the Whanau-a-Apanui lands are still papatupu, estimated at from forty to fifty thousand acres. The lands for which they have titles are :— Acres. Houpoto and subdivisions ... ... ... ... ... 13,754 Kapuarangi No. 1 East No. 2 ... ... ... ... n',474^ Tunapahore North ... ... ... ... ... ... 2,628 Pukemauri No. 2 ... ... ... ... ... ... 3,270 Houpoto and subdivisions have been incorporated and leased to Europeans. In fact, the Whanau-a-Apanui were the first in the Bay of Plenty to make use of incorporation for the purpose of leasing their lands. Houpoto is, on the whole, poor land, and fit only for rough pastoral purposes. Kapuarangi No. 1 East No. 2 has also been incorporated, and is under negotiation for lease to

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Europeans. We may remark here that a portion of the original Kapuarangi East Block, amounting to 10,000 acres, was sold to the Crown some years ago, as also portions of Pukemauri. The investigation of the title of Awanuiilaparapara Block disposes of any difficulties the Whanau-a-Apanui may have had in denning the northern boundary of their tribal land. They will have no disputes with other tribes as to the remaining papatupu area. In fact, the subtribal boundaries are well denned, and have been agreed to among the hapus interested. The Court's functions will be limited to the ascertainment of the owners and the definition of relative interests. It is probable that one-half of this papatupu area when investigated will be available for European settlement. Whanau-a-te-Ehutu and Whanau-a-Pararaki. These tribes are closely connected, and in regard to their land-holdings quite inextricably mixed. Very little of their lands have passed the Native Land Court. The following is a list of such lands : Portions of Awanui-Hapa-rapara, M&raehako, Tawaroa, Orete, Whangaparaoa No. 1. Maraehako, Tawaroa, Whangaparaoa No. 1, and small portions of Orete have been leased. The greater part of Orete is under Maori occupation, and is used for agricultural and pastoral purposes. The Whanau-a-Pararaki also own Whangaparaoa No. 2 Block of 34,413 acres. One-half of this has been leased, mostly to Maoris, and the leases have been approved by the Waiariki Maori Land Board. This block, however, is in Waiapu County. The Maoris of Te Kaha and Orete are among the most industrious in the Dominion. Every acre of agricultural land in the neighbourhood of Te Kaha has been for years under close cultivation, and has produced great quantities of maize, and this notwithstanding that the land is papatupu. The kaingas are well kept, the houses are substantial and give evidence of an energetic and progressive community. The farming has not followed on scientific lines, and the soil has become exhausted. This, and the necessity of providing for the large extent of pastoral land back from the coast, have during the last three years compelled the Maoris to direct more attention to grazing and to clearing and grassing their bush and scrub lands. Seven small sheep-flocks have been started. Much land has been cleared, sown in grass, and fenced. The energy which has made them a successful agricultural community is being diverted to stock-raising. The outlook for them is very hopeful. They have no doubt benefited by the example of their neighbours in the W T aiapu County. They are imbued with a like spirit, and receive the advice and assistance of the experienced sheep-farming Ngatiporou. The area of papatupu land claimed by these two tribes is estimated at 90,000 acres. The tribal and hapu boundaries are well defined and substantially agreed to. General Remarks. Summarised, the position of Native lands in Opotiki County (as far as we have been able to ascertain) is as follows : — A. B. P. Leased or under negotiation for lease ... ... ... 85,312 320 To be reserved for Maori occupation ... ... ... 29,686 3 0 To be incorporated for lease ... ... ... ... 6,733 0 0 To be leased to the general public ... ... ... ... 8,987 216 Vested in the East Coast Trust Lands Commissioner ... ... 12,949 0 0 Not dealt with : (a.) Where title ascertained (estimated) ... ... 12,038 0 0 (b.) Papatupu (approximate) ... ... ... ... 140,000 0 0 Total ... ... ... ... ... 296,307 0 36 The area of lands for which there is title is 156,307 acres. The Maori population of Opotiki County at the last census was 1,319. Exclusive, therefore, of papatupu land, the area per head owned by the Maoris is nearly 118 acres. Deducting the area under lease or negotiation for lease, and the area available for settlement, there is left for Maori occupation an average of 23 acres

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per head. Of course, when the papatupu lands are investigated the holdings will be greatly increased. There is, however, a great difference between the average holding per head of the Whakatohea Tribe and that of the tribes to the north of them. The former have been in contact with European settlement for a longer period, and lost most of their ancestral lands through confiscation and sales to the Crown. The latter until last year (with the single exception of Whangaparaoa No. 1) had not leased any lands to Europeans. They had sold large areas of their hinterland—Te Kumi, Puketauhinu, Pukemauri, Kapuarangi, and Whitikau, forming the watershed between the Waiapu and Bay of Plenty lands and the boundary of Waiapu and Opotiki Counties, as well as of the land districts. Our concluding remarks may be confined to that part of the county north of the Opape Reserve. In no part of the Dominion has so little been done to forward the position of the titles. The proportion of papatupu to other lands is greater than in any other district. The papatupu lands of Waiapu County are nearly as extensive but more advanced, because surveyed and ready for the Court to deal with. Those of Opotiki County have never been surveyed. They require considerable preparation before the titles can be investigated by the Court. This is a matter for consideration and action by the Native Department. Surveyors are required to make magnetic surveys and prepare sketch-plans. There will then be sufficient work to employ the Court for at least two years, with the prospect of many appeals that will further delay the determination of titles. The Maori claimants have been pressing for these surveys, and are eager for a Court. At this advanced stage of the history of New Zealand there should not be any such thing as papatupu land. If the energies of the Native Land Court and the resources of the Native Department were directed more to these virgin districts and less to the more settled portions of the North Island, settlement would extend more rapidly and with greater benefits to the Dominion. The lands are not suitable for close settlement, but they will make healthy sheep-country in runs of from 1,500 to 5,000 acres. The interior is steep and broken, and very high. Along the coast there is some arable land, most of it cultivated by the Maoris. Four large rivers form the main drainage from the watershed ranges. Between, the spurs rise abruptly from the coast to considerable heights, giving the country an uninviting and rugged appearance; but the slopes are warm, the country is fairly dry, it is well timbered, and the soil will carry grass well. In fact, this part of the Bay of Plenty has great possibilities as a pastoral district. It is easily accessible by sea. The coast-line is indented with splendid bays and shipping-ports, from almost any of which produce and stock can be shipped during the greater part of the year. ■ The tribes owning this territory have asked us to convey to the Government their wish that their lands be included in the Tairawhiti Maori Land District instead of the Waiariki District. They allege that their affinities are more with the Maoris of Gisborne and the East Coast than with those of Whakatane and the Thermal-springs District. They ask that the boundaries between the two Maori land districts be adjusted by swinging the Tairawhiti boundary from Whangaparaoa down to the northern boundary of the Opape Reserve. There seems to be good reason for this request, and we recommend it for favourable consideration. We have already noted the success of the incorporation system in facilitating the disposal of lands in this district. We wish at the same time to point out that to make this system more satisfactory to the general public the committees of incorporated blocks should be compelled to put up their leases to public auction. In that case the State would have to come to their assistance during the period of preparing the lands for the market, by advancing the cost of the necessary surveys and of perfecting the titles. The amounts advanced could be made a first charge against revenue. At present the Committees are

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morally bound during the period of preparation to specified intending lessees, who advance the necessary funds. The blocks are, in fact, incorporated only when tenants are found and the general details of the bargain are settled. The area shown in the schedule (5) of the lands (the titles whereto have been ascertained) not dealt with by us is comprised chiefly of blocks so far in the interior that no settlement can reach them for many years to come. The lands adjoining have been in the possession of the Crown for more than twenty years, but are at present inaccessible. Settlement must pass over the intervening papatupu land to reach this hinterland if, as is doubtful, it is at all suitable for cultivation and human occupation. East Coast Trust Lands. Portions of Tahora No. 2 Block, situate within Opotiki County, amounting to 12,949 acres, are vested in the Commissioner under " The East Coast Trust Lands Act, 1902," and amendments. We have already dealt with these in our report on Cook County. Inclusive of this area, but exclusive of lands under lease or negotiation for lease, the area of Native land available for general settlement in the Opotiki County is 28,669 acres. . We have the honour to be Your Excellency's obedient servants, Robert Stout, A. T. Ngata, Commissioners.

SCHEDULE.

1. Lands leased or under Negotiations for Lease.

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Name of Block. Owners. Area. Remarks. Awaawakino B .. Hiwarau A „ B Houpoto Houpoto Te Pua No. 1 No. 2 .. Houpoto-Whituare Kapuarangi No. 1 East No. 2 Maraehako Orete G .. „ N 195 44 33 78 65 73 114 171 182 1 2 91 365 A. 2,011 785 475 -4,170 2,474 6,280 830 11,474 1,894 129 7 |2,492 11,718 E. P. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 1 20 0 0 0 0 0 0 Incorporated. Lease pending. lUnder negotiation. 5? Incorporated. Leases consented to. » >J j> » Under negotiation. Incorporated. Under negotiations. Incorporated. Lease consented to. Pending. Consented to. Tawaroa Takaputalii (part).. „ (balance) Same 21,139 0 0 „ Incorporated. Incorporated. Divided into seven blocks of from 840 to 2,000 acres, and leased. Leases consented to. Part same incorporation. Under negotiation for lease. Incorporated. Leased in two blocks. Consented to. Incorporated. Under negotiation. Tunapahore South owners 278 2,821 0 0 Waiohoata B Whakapaupakihi No. 2 Whangaparaoa No. 1 Whitikau No. 3a No. 1 No. 3a No. 2 146 547 7,734 2,000 4,631 1,881 367 0 0 0 0 0 0 0 0 0 0 43 10 >> j> Old lease renewed. Incorporated. Lease consented to. Under negotiation. Total 85,312 3 20

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2. Lands recommended to be Reserved for Maori Occupation under Part II of "The Native Land Settlement Act, 1907."

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Name of Block. Owners. Area. Remarks. iwanui-Haparapara A B C D )pape Iα „ Iβ and lo .. „ lc and 1p .. „ Id and In .. „ 1e and Is .. „ If and Iμ .. ,, 1g and It .. „ 1h and 1r .. „ Ik and 1l .. ,,2 195 209 29 87 29 25 39 190 20 23 32 28 19 29 22 18 121 A. R. P. 400 0 0 792 1 0 154 1 7 462 3 22 154 1 7 124 1 9 199 0 15 215 2 14 316 0 32 346 2 8 298 0 38 165 1 6 247 3 28 440 1 18 247 3 28 154 2 2 1,187 1 0 Cut outfby Court for papakainga. Cannot be properlyjjutilised till surrounding papatupu land is investigated. Natives are occupying cultivable flats. » Papakainga. Family farm ?j ,, j> 11 ,, ,, ,,10 121 1,680 2 0 Has been divided into family holdings and used as family farms. To be leased to Maoris. Same owners as in No. 2, and have no other lands. Owners want land incorporated under section 61 of " The Native Land Settlement Act, 1907." Papakainga. Family holding. ,,3 „ 3a No. 1 „ 3a (balance) „ 3b „ 3c „ 3d 3e » 3f „ 3g „ 3h „ 3j „ 3k „ 3l „ 3m „ 3n „ 3o „ 3p „ 3q „ 3b „ 3s „ 3t „ 3w „ 3x „ 3y „ 4a „ 4b „ 4c „ 4d1 „ 4d2 „ 4d3 „ 4e „ 4f „ 4 (Urupa) .. „ 5a „ 5b „ 5c „ 5d „ 5e „ 5f „ 5g „ 5 (kainga) .. „ 6a • i 146 10 14 13 14 10 3 7 7 2 6 6 1 1 2 4 11 14 3 4 3 22 9 4 17 3 4 2 10 12 13 27 2 24 18 10 11 12 3 1 79 11 73 0 35 210 0 0 450 0 0 178 1 30 220 0 10 150 0 20 35 3 35 129 0 0 116 2 35 42 1 0 74 2 20 224 0 25 25 1 20 12 2 30 30 0 10 63 1 30 196 2 30 107 2 5 63 1 30 61 1 10 25 1 20 187 1 25 152 1 10 78 1 0 20 1 10 28 2 27 12 0 28 2 1 29 12 0 27 43 0 0 115 0 35 172 0 0 1 2 0 218 3 20 189 3 0 73 0 0 96 3 0 93 0 0 45 2 20 11 0 0 5 3 12 23 1 0 ,» ,, ,, ,, ,» ?? », ?? ,» », « ,, 5, 11 „ ,, ,, J, ,, ,J ,, ,, ,, ,, ,, „ ,, ,, ,, ,5 Burial reserve. Family holding. ,, ,, 5? 5, », Papakainga. Family holding.

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2. Lands recommended to be Reserved for Maori Occupation under Part II of "The Native Land Settlement Act, 1907" — continued.

3. Lands recommended to be incorporated under Section 28 of "The Maori Land Claims Adjustment and Laws Amendment Act, 1907," with Power to lease to Maoris or Europeans.

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Name of Blook. Owners. Area. Remarks. Opapo 6b „ 6c „ 6d 6e „ 6f „ 6g „ 6h „ 6j „ 6k ,,7 8 3 9 11 3 3 7 14 1 45 A. R. P. 27 0 0 9 0 0 33 0 0 36 0 0 12 0 0 12 0 0 18 0 0 48 0 0 12 1 12 425 1 0 Family holding. | ?j »• J? ■9 J) »> ,,9 12d, y, e .. 12p „ 12h, j, b, m 12k, c 12o, g „ 12p 12q, r, j, n „ 12w „ 12x, t Orete A .. „ B .. „ C .. „ D „ E.. „ F .. „ H „ J .. „ K „ L .. „ M 100 17 5 22 20 11 11 24 20 • 14 1 ( I .1,164 3 0 528 3 0 181 3 26 668 3 25 875 2 25 360 2 30 393 1 15 575 1 10 349 2 0 456 3 25 88 0 0 58 0 0 50 0 0 220 0 0 ■50 0 0 30 0 0 80 0 0 115 0 0 9 0 0 176 0 0 17 0 0 4,650 0 0 744 0 0 1,645 0 0 ., L \ To be incorporated under section 61 for lease to Maoris. Unoccupied. Ditto. Family holding. »> >> - »» >> M >' 1 ' >J 1 1 1 3 2 7 6 57 25 108 -All occupied and farmed. Owners desire further subdivision. Omaunu 2b 3b „ 7b To be incorporated for lease to other Maoris. Cut out by Court for Native reserve. Incorporated. Proposed to be leased Ito'onefof !0ver 400 !|acres improved: Being incorporated for family farm. Waiohoata A Whitikau 3a 3 146 34 1,724 0 01 1,652 0 0| 3a 1 11 530 0 0 Total 29,686 3 0

Name of Block. Owners. Area. Remarks. •pape No. 11 •amaru 5b iThakapaupakihi 1 3 200 25 35 82 A. R. P. 3,270 0 0 3,063 0 0 200 0 0 200 0 0 ) No. 2 already incorporated ; owners i of Nos. 1 and 3 wish to join same. Total 6,733 0 0

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4. Lands recommended for General Settlement under Part I of "The Native Land Settlement Act, 1907."

5. Area not dealt with. Acres, (a.) Blocks where title has been ascertained, area estimated at .. .. .. .. 12,638 (6.) Papatupu lands, area estimated at . .|_j . ._J .. .. .. .. j Approximate Cost of Paper.— Preparation, not given ; printing (1,500 copies), £3 135.

By Authority : John Mackat, Government Printer, Wellington.—l9oB.

Price 6d.}

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Name of Block. Owners. Area. Remarks. Opape 6 (balance) and 8 70 A. R. P. 1,587 2 16 Owners want this leased by the Board, but not sold. Owners do not desire to sell. Oamaru 1C „ 4b Whitikau 2b 2 3a 4 139 48 106 87 4,814 0 0 1,857 0 0 199 0 0 530 0 0 Owners wish to sell. tt Total .. 8,987 2 16