Te Rawhiti Land History

"these. areptOM fo

Nc/t

Ce«hiry C5^

fad IT

yolu'tne 2of2.

Auckland that the costs of taking the trees of me peninsula would be"proh(Dftive tine recommend forestry for the area for this reason.2628 There was some indication that at leas Maori owner was of the view that the Maori Affairs Department had persuaded the owr

amalgamate their blocks for the purpose of afforestation and then told them it was unsuitable!

this purpose. This allegation was denied by the District Officer and further investigation!

forestry possibilities continued over 1970.2629 A Forest Service Repon in April 1970 described the location of Rawhiti 3 as a narrow pet

with steep to very steep topography, divided longitudinally by a main ridge and very exf winds from the east, north and west. At that time 2.450 acres of the block was forest cover

1.355 acres comprised of tall scrub and poor grass. Difficulties with soil and the effects of?j were outlined. The whole of the incorporated area was unroaded and the formation of i considered to be an expensive venture. The Senior Forester also noted that there would costs involved with clearing the land. When all factors were considered the District concluded: "I have no hesitation in ruling the area out for exotics and recommend the Mir

advised accordingly".2630 However, he also made some general comments on the area as fo

Cape Brett peninsula is the lower arm that embraces the Bay of Islands. Its scenic value in its present state is incomparable. All deep sea fishing boats pass around it and sometimes shelter off the numerous bays and inlets that indent its two coastlines. Other small

craft are constant visitors to the various bays. It should be

preserved in its natural state.26?!

In June 1970 the Maori Land Court agreed to confirm the resolution regarding the incor

of the Rawhiti 3 once two partition applications relating to the block had been completed."

ii.

Hauai

The available block narrative information indicates that partitioning of Hauwai occurred from 1910 to 1944. As a result by 1945 the block was made up of 22

-"■* 11 February 1970. O'Neill. Mahood & Armstrong, solicitors for a number of Rawhili land owners to District Officer. Whangarei Maori Affairs. BAAI I J466/376g ANZA

9 March 1970. Whangarei MA District Officer. J.E. Lewin to the Conservator of Forests. BAAI M466tf76gANZA

3° ApriI l97° Senior Forester- RC- LI°yd- Kaikohe to Auckland NZFS. BAAI 11466/376g ANZA 3° April l97° Senior Forester. R.C. Lloyd. Kaikohe to Auckland NZFS. BAAI 11466/376g ANZA

-" - 4 June 1970. Judge Nicholson. WMB. Vol46. Folio 15. BAAI I l466/376g ANZA

te 1349

subdivisions of varying sizes. The four largest ranged in size from 104 to 263 acres. Another eight were between 23 and 87 acres, with the remainder all less than 20 acres.

Further partitioning did not occur until 1966 when block 2D1 was partitioned into three subdivisions. One of which was a road reserve for the Crown.

Of the other two

subdivisions one was 38 acres in size and the other was less than an acre. In 1972 block 2F was partitioned into eight lots. The purpose of the partition was to provide an access way and Esplanade Reserve.

There is no evidence of leasing over the Haujfrai block at any stage.

Block narrative information indicates sales of this block first occurred in 1936 when block 2G3 was purchased by T. Thompson. In 1938 M.B Dryden purchased blocks 2A and 2L. After 1945 further sales occurred in 1969. 1972 and 1974. These blocks were alienated to Spedding & O'Flaherty. Richard. A. Carr and A.J Noakes. The total area involved in these post 1945 sales was just over 12 acres.

The Hauai 2C1A block contained 2 acres and 27 perches. In 1944 the land was partitioned out

for Te Taurangi Clendon (aka Te Taurangi Warana) as her share of her mother's land when she died. In 1964 Te Taurangi Clendon was 58 and her husband was 70 years and they were both receiving Age Benefits with no other income. They had 9 children aged 13 years to 39 years and

by that time only one was dependent on them. Two of their children had drowned leaving seven orphan grandchildren aged from two years to six years. Her husband had a house on a nearby block.2633

On 18 March 1964 Te Taurangi Clendon applied to the Court to lease the land for 21 years for a small annual payment to Robin Shepherd, the Rawhiti school teacher who was 28 years old at

this time. It was noted that he had lived in the area for 8 Vi years and had given the couple assistance in many ways and become very close to them. Mrs Clendon had wanted to gift him the land to build a house but he had not wanted to take her family land and suggested a lease. He

toid the Courr that Rawhiti School was to dose the following month and he wouJd have to leave ing the case it was was two miles away by water, had been

1350

selling at £1000 or a lA acre section. However. Mrs Clendon indicated that even if she we offered £4.000 she would still want the land to go to Shepherd. Mrs Clendon told the Court

own no other land in severalty. I have not much other land in common with others. No ot

assets.'0634 The Decision was reserved at that time.26"*5 On 25 March 1964 the Coun gave its decision in relation to the lease on the Hauai 2C1A bk It was noted that the sea of the Bay of Islands were the eastern and western boundaries for

block and it was located in an area in which public interest had intensified in the previous fe months. The Judge noted that four large and desirable sections could be had from this land

pointed to evidence from other cases that indicated that there would be no difficulty in get £ 1.000 for a section with a private beach.

Judge Gillanders Scott commented that the actions of Shepherd's did not constitute anj

more that any Christian person would do for or expect of another. He contended that the hea had established only four facts as follows:

(a) that the land is not being used to proper advantage

. •

(b) that the alienor is of humble circumstances

(c) that the land has a great and ever increasing potential for sale as an unit or by subdivision

(d) that the alienor's generosity of thought and possibly of action

far exceeds her business acumen. Her proposed bounty here tends to show an instability or rather lack of appreciation of the

moral obligation which she owes her children (particularly the youngest who is still dependent on her) and also her orphan

grandchildren. Proper employment of this asset might very well overcome all her worries and place her in her advancing years in a financially sound position.

It is therefore the intention of this Coun at Whangarei ...on

Friday 1SI May 1964, unless it is then satisfied on evidence that

there is meritorious objection, to vest the land in a trustee or trustees to alienate the land to best advantage for the benefit of

the owner.2636

' 18 March 1964. Evidence of Te Taurangi Clendon. W.V1B. Vol36. Folios 237-242. BAAI 11466/325e ANZA.

' 18 March 1964. WMB. Vol36. Folios 237-242. BAAI 11466/325e ANZA ' 25 March 1964. Judge Gillanders Scott. BAAI 114667325c ANZA.

1351

Z e ,inl of .he ^ under Section 438. He noted ,ha, me in.egri.y of .he fan,,, «, beyon 1*» a'nd ,o.d ,he Cour, .ha, the family had he,d ,and in .he area for a very long ,,me an «

I hi ances,ra, Home. He said ,he family wanted ,o re,ain .he Land as a place where ,ey

„ , con2re2a,e. He need .ha, ,he fami.y had agreed ,o ,he acion in regards ,o Mr Shepherd as

Z respe^d him and i, - a specia, case. He submined ,ha, *. fami.y — . —

J and mainlined tha, Mber,. one of Te Taurangi Cendon's sons was graang MM«d «

sheeP on ,his and o*er .ands a, ,ha, ,ime.., « no,ed *a, Alber, «. wor^ung a, Moerewa a s hu, he in.ended ,o retur» even,ual,y and Mrs Cendon Wan,ed h.n, ,o have

He poin,ed « ,hat; "The family is dispersed bu, none ,he iess ,h,s ,s ,he,r home. They brough, up .here and accordingly ,he Clendons wish ,o re,ain a,, ,he !and ,hey have. " •

Ate hearing fur,her evidence from Mrs Cendon d» Coun's mo,ion under Secnon 438 was

a^rned fo ,hree mon,nS. Mrs Cendon was advised ,o ,ake s.eps ,o comp^e ,he 4 Feb^ary X panUion by survey. ., was Poin,ed ou, ,ha, if ,his was no, done ,he ,and wou.d be caugh, within the scheme for amalgamation.

26?8

On ,, Sep^mber .964 ,he Regis,rar wro,e „ Mrs Cendon no,ing ,ha, she had no, .aken any

lp, ,o comp.eK me Par,i,ion order and informing her ,ha, if no word was heard from her efore T Sepler he wo.d be forced ,o presen, *. — ,o ,he Cour, in Chamber^ adv.sed

hertoIeCounnughlweUves,,he1andin.heMaoHTrUs,ee,oa1iena,e,he.and,o,hebes1 advantage for her benefit.""

On ,4 February *e Hauai 2C1A biock was briefly before Judge OUlanders Scou. However, he no,e"d ma, <* Cour, need no, concern itself funher wi,h this block as me land wou.d be caugh, ,n Pt. XXV scheme.-^"

ln ,967 ,he Hauai Nos. 2HI. 2H2, 2H3. 2H4. JJ1. 2J2, 2J3 and 2K block were ama.gama.ed and were henceforth known as Rawhiti No.3. Further amaigamations >-M«»v.«4 EvidenceCJ...C. Sh=ph^.S.M,o,forT«T»™,gi Cendon.W»»S-=I MLC. BAA,

1965.

Book. Vrf.2.F.,io ,«.BAA,.I*!!. ANZA. 1352

occurred in 1977. when Hauai 2D1C. 2D2 and 2D3 were amalgamated with other

blocks to form the following new Hauai titles: 2D5. 2D6. 2D7. 2D8. 2D9. The total area of these new subdivisions was 31.9 ha. Hauai 2D9 is Moturahurahu Island.

In the meantime, in August 1965. May Te Arakau Bauld. the sole owner of Hauai 21 containing 6 acres. 1 rood and 36 perches applied for confirmation to sell to block to a Euroj

Beau Gerard Sayes. The owner was noted to be a married woman from Taipuha.'

In Febr

1966 a Valuation report described the block as follows:

This section is situated on Hauai Bay, approximately 1 mile from the end of Rawhiti Road, the access at present being on foot through adjoining lad. or by boat.

It has a frontage of approximately 1 chain to Hauai Bay and then rises to the top of a ridge, approximately 15 chains from a beach.

Power is available/642

Sayes was an Auckland Land Agent and stated he proposed to use the site for a holiday homed| The case was heard in Kaikohe in June 1966. May Te Arakau Bauld was noted to have

land interests in the Bay of Islands area but no other sole interests. She told the Court she didi know much about them. No one was occupying the block at that time and Mrs Bauld indk that she had made no use of it. She told the Court she wanted the money to send her boj

Northland College. The case was adjourned at that time to allow an inspection of the block.| However, following an inspection of the block the Court decided that the amount offer Sayes was too low and as Sayes declined to pay more the sale was not confirmed." ' This j despite Sayes offering a purchase price of £550 and the valuation being £350.

In 1969 Mrs Bauld applied for confirmation of a sale of the block to a veterinary surgeon

Huntley and a grocer from Auckland for S3.500 plus the Maori Trustee's commission of: was not stated what the purchasers intentions were for the block although it was noted thai did not intend to reside there.

2WI 9 February 1966. Application for Confirmation. BAAI 1 l466/382a ANZA.

;m- 10 February 1966. District Valuer. Rural Valuation and Short Report. BAAI I l466/382a ANZA. :m' 26 April 1966. Declaration in Support of Application for Confirmation. BAAI 1 l466/382a ANZA. 1M 2 June 1966. Evidence of May te Arakau Bauld. Kaikohe Minute Book. Vol4. Folio 150. BAAI N466/382aANZA.

:fU- 5 April 1967. Sayes to Registrar. Whangarei MLC. BAAI 1 l466/382a ANZA.

1353

A valuation report on the block at this time commented that "From the highest point magnificent

panoramic views of the Rawhiti area of the Bay of islands are obtained...*'"646 The property was noted to be in manuka and the valuer indicated he had difficulties defining the boundaries.. There were no improvements and the Capital value was S3.100.

This sale was confirmed in December 1969 and this was subject to the area to be taken for a road

of which all parties were said to be aware.2647 However the transfer was not able to be registered as the title had not been completed by legal survey.2648 In June 1970 the survey was delayed until the Court

issued

a

finalized road way

order over the Rawhiti

Blocks and awarded

compensation.

In 1969. the title of Hauai 2D1C block was revised to include the land in Moturahurahu

or Raruraru Island (which joined Hauai 2D1C at low tide). The new size of the block totaled 45 acres 1 rood 9 perches.

In November 1971 the Hauai 2C block containing 6 acres and 2 roods was found to have twelve

owners. Six of these were siblings of whom one lived in Russell and most of the others lived in the Auckland district. Addresses were not available for six children of two further sisters in the

family who were deceased.26""0 On 13 December 1971 the six original siblings and the son of one of the deceased owners resolved to sell Hauai 2C2 to a European named Richard Austin Carr.

who was a Company Director from Auckland.2651 Carr wanted to own land by the beach for possible eventual subdivision. He did not intend to use the land for farming.26-"12 This sale was confirmed in February 1972. The block was noted to be subject to a roadway order which

affected 1 acre, and 1 rood.263' In 1976 the Maori Land Court ordered that Hauai 2F1 block was to cease being Maori

land. However. Land Court records show that at some time in the mid 1990s, this block was again recorded as being Maori

land.

Also during the

1970s, four Hauai

26* 19 December 1969. District Valuer. H.C.D. Kirkness. Rural Valuation and Short Report.. BAAl H466/382aANZA.

:w7 2? December 1969. Judae Nicholson. WMB Vol45. Folio 260. BAAl 1l466/?82a ANZA. :w* 16 March 1970. Registrar to Butler. White & Hanna. Solicitors. BAAl 11466/?S2a ANZA. 2W" 18 June 1970. R.E. Polamalu lor Registrar to Buter. White & Hana Solicitors. BAAl 11466/382a ANZA.

:6?" 4 November 1971. Alphabetical Lisfof Owners of Hauai 2C2. BAAl 114667247b ANZA.

2*\ 13 December 1971. Resolution of Assembled Owners of Hauai 2C2. BAAl 11466/247b ANZA. :65: 10 Februarv 1972. Declaration in Suppon of Application for Confirmation. BAAl 11466/247b ANZA. 2655 11 February 1972. Judge Nicholson. WMB. Vol47 Folio 221. BAAl 11466/247b ANZA.

1354

subdivisions (totaling....ha) were, on application of the owners, declared European land under s.433 of the Maori Affairs Act 1953.

In 1980. Judge McHugh issued an order for a roadway to be made over Maori freehold

block Hauai 2C1B to provide access from the Rawhiti road to the Maori freehold land

known as Hauai 2C1C block. Also on the same day another application was made before Judge McHugh that Hauai 2C1C block ceased being Maori land.

In 1984, Judge Hingston declared certain the following Hauai blocks to be Maori freehold land: 2B. 2D5. 2D6. 2D7. 2F4.2F5. 2G2B.

In 1992. Hauai 2E was set apart as a Maori Reserve for the purposes of an urupa for the common use of the community. In 1993. 7000 m2 of Hauai 2B was set apart as a Maori

Reservation for the purposes of a wahi tapu and cultural and recreational uses for the common use and benefit of the owners and their descendants. The Reserve was to be

known as the Kaimarama Bay Whanau Reserve.

Today, 14 Hauai blocks remain as Maori land. The largest of these is 25.1180 ha with the next largest block 114 ha. The remaining sections are less than 5 ha.

Hi.

Waewaetorea

The available block narrative information indicates that this block has never been partitioned at any stage. Similarly there have never been any leases over this block.

Evidence shows that in 1967 the whole of the Waewaetorea block was sold to W.N. Reynolds.

Evidence on this sale goes as far back as 1933. In 1933 James and Puke Cross instructed tl solicitor to forward money from their late father's Estate to the Registrar of the Tokerau Maai Land Board for the purpose of purchasing all outside interests in Waewaetorea Island, so thajj

that the island could be owned and held by the Cross family group under the Consolidatk| 1355

Scheme. This had been arranged with Judge Acheson.2654 The island was noted to have an area

of 115 acres and in 1933 had over 40 owners with some of them known to be deceased.26<>5 In April 1937 the Registrar wrote to P. Cross in response to his questions regarding progress on

the Consolidation of the Waewaetorea Island. It was noted that the money deposited by P. Cross was saining interest. He noted that they had been in need of more staff for several years and this had led to delays in the finalizing of Consolidation arrangements for the Rawhiti area. He

indicated that some progress had been made.26"16 In December 1939. James Cross wrote to Judge Acheson regarding the consolidation of the family interests in Waewaetorea Island. He indicated that while they were waiting for consolidation to be finalized they wanted to develop the island to produce some revenue for the

upkeep and maintenance of the 'vastly increasing family of Cross". He noted that the family supported the ideas of occupying the island and making improvements necessary to use it as a

base for fishing and cray fishing. He also wanted to specialise in growing early potatoes, followed by kumara and other lines. He noted that initially 9-10 acres could be developed for this

purpose with more completed as they progressed. He contended that small scale experiments had already proved the suitability of the island for raising early crops. He provided information on factors such as the establishment of shelterbelts to guard against sea spray. He also remarked

positively on the fishing potential of the area and the expert fishermen within the family. He asked the Judge's advice on how best to proceed without fear of being molested by outside interests. He also wanted advice on how to deal with the interests of their sisters who were married to Europeans and had no wish to be included.

In December 1939. Judge Acheson replied to James Cross and apologized for the long delay in finalizing consolidation. He suggested that they immediately apply for partition of their family's interest and told him the Court was prepared to wave the application fee. He also informed James Cross that he would ask Mr Cooper to treat this as a special case and see whether it was possible to combine consolidation with the partition proceedings in February 1940." *

"** 2f> Juh I9.v. Brady. Solicitor tor James and Puke Cross to Registrar. Tokerau MLB. Auckland. BAAI 11466/197h ANZA.

'" .«! Augu-t !9.v. Reaistrar to W. Cooper. Native Dept. Whangarei. BAAl I I466/I97h ANZA.

"■"■ ? April !9". Regisfrano P.T.R. Cross. BAAl 11466/197h ANZA.

m" Undated but Xrsiks Greeting.- were included so Circa December 19.'9J James Cross to Judge Acheson.

BAAI ! i 466/197h ANZA. *

><w 2 J December 19/9. Judge Acheson to James Cross. BAAI 11466/197h ANZA.

1356

In January 1940. James Cross responded to Judge Acheson noting that after consulting

brother Puke thev considered that panition would be difficult and they requested further advi on the most practicable way to consolidate their interests.26* Judge Acheson replied he .od2in2 an application for panition in order to bring matters to a head and compel the attend* of other interested owners. He noted that he had also applied for the consolidation of the inter

of the Cross family by way of exchanging arrangements with other owners.2660 A schedule owners made up at that time indicated there were 38 owners and at least 20 of these w members of the Cross family (they had the last name of Cross).

A Meeting of the Owners of Waewaetorea Island on 14 June 1940 passed a resolution that

Waewaetorea Island be sold to six male members of the Cross family.2661 However, in Au 1940 James Cross wrote to Judge Acheson informing that three of the purchasers had decided, become sellers and he expected a fourth to do likewise leaving Puke and Henry Cross to find -

balance of the purchase money and he noted there would be some delay in this.266' James C" himself was not listed as a purchaser. The Judge responded that it was unfortunate Hathe ow

who had senerously allowed the Cross family to purchase the Island had not been paid purchase money. He also raised doubts about the use of the money from their father's estate

had been deposited some years before being available for only two family members."* March 1941 Henare Cross the principal purchaser was killed in a motor-truck ^accident. J

Cross indicated that the purchase would be completed under Henare's estate.2664 In Nove 1941 James Cross informed Judge Acheson that he had applied to the Native Trustee for a of £400 to complete the purchase of the island and was awaiting the completion valuation.266* The purchase price was £420 less any amount due by the purchasers who

vendors. The situation had been further complicated by the death of the widow of Henare C The Board of Native Affairs agreed to loan £250 and the Tokerau Board held £107.10.8d < the earlier deposit from the father's estate.2666 In 1942 the attempts by James Cross to

»• 14 Januarv .940 (20 January crossed out] James Cross jn u*Acheson_BAA1 11466/.97h ANZA. ™ 17 January 1940. Judge Acheson .0 James Cross. BAAl 1 lf*''™\ A^9?. ANZA =*' 14 June 1940. Resolution of Owners of Waewaetorea Wand. BAAl »'^197h ANZA ** 19 August 1940. James Cross to Judge Acheson. BAAl 114W97h ANZA. »' ITNtach 1941.Judge Acheson to James Cross. BAA

466 97h ANZA.

*** 31 March 1941. James Cross to Judge Acheson. BAA" • ^NZA. w 25 November 1941. James Cross to Judge Acheson BAA 1466-/197hi ANZA. *•* 19 February 1942 Judge Acheson to James Cross. BAAl 11466/197h ANZA. 1357

another member of the family to become a purchaser were hampered by the Cross family being

involved in essential work services because of the war.2667 Finally in December 1944 the various matters were worked out and the purchase of the island was completed.2668 In June 1945 an agreement was signed by seven members of the Cross family

including James Cross who became owners of Waewaetorea Island.2669 However, over the next

few year^ there were further complications when the mortgage money was not paid due to the need for a survey. Unfortunately the rough and precipitous nature of the coast line made the

survey costs high and the Cross family objected to paying this and so the matter was left in

abeyance for some time. Meantime the sellers still did not receive their purchase money.2670 In 1952 the mortgage with the Maori Trustee which was overdue was replaced with a new

mortgage as ownership had changed to some extent and a provision for repayment had been inserted.2671 It appears that a Mrs Bray (Pane Ngamarara Paraea) one of the seven purchasers increased her shareholding.

Eventually in 1953 the survey was completed at the cost of £100 to find that instead of 115 acres

there were 115 acres and 1 rood which was noted by Judge Acheson probably be connected to the different perspective regarding high water mark. He noted that the title could very well have

been issued using the old survey particularly as the purchasers were buying the whole island.26'2 ,

In March 1953 preparation was made to distribute the purchase money.

167?

By 1967 Pane Ngamarara Paraea (aka Mrs Frances Mary Bray) held the greatest interest in Waewaetorea Island with smaller interests owned by Madge Shedlock (as a trustee for the will of Ned Te Rangi Cross aka Edward Cross) and Angus Cross. Mrs F. M. Bray was noted to be the

occupier *74owever other records indicate that she was living on the main land at Taumarere. The other owners were living out of the Northland area.260

*-(> March 1942. James Cross to Registrar. Tokerau District MLC. Auckland^. BAAI U466/197h ANZA. - 8 December 1944. Judge Beechy. Tokerau District MLB Minute Book. Nol /. pP2??-54. BAAI

'■*'■ sVeowmber 1952. Registrar Auckland to District Officer. Rotorua. BAAI

>-- 5 SSr?W3. Hud« «o Chief Suneyor. Lands and Survey Departmen^BAA.

ANZA.

*•""■• * March 19." Consolidation Staff to Accountant. BAAI 11466/197n ANZA. >-i , - March 1967. Paniculars of Title. BAAI II466/356C ANZA. ""' 17 17 March 196". Application for Confirmation. BAAI I !466/?56c ANZA.

1358

In February 1967. the owners called for tenders for the island throughout New Zealand

received tenders for amounts between £1.800 and £8.200. None of these were accepted by owners.

">676

During March 1967. the owners negotiated a private sale to a retired Auckland man c

William Neal Reynolds. Reynolds indicated that he wanted to farm the properly with a vi further development. He contended that it could not be made into an economic unit and

required it mainly for residential purposes.2677 Reynolds was prepared to pay the ve " £12,350. less commission which was almost ten times the 1963 valuation of £1,250. The

valuation indicated that there were no improvements on the island.2678 The sale was confi on 11 May 1967 and the island became European land.*

iv.

Tangatapu

The available block narrative information indicates the majority of partitioning

block occurred between 1913 to 1944. As a result by 1945 the block was

partitioned into seven subdivisions. Four of the blocks were between 110 and 327 acres. Another two were 97 and 69 acres respectively and the smallest section was less than an acre. In 1946, the Tangatapu B2 block was partitioned into two

subdivisions. The largest of these was 326 acres with 33 owners whilst the lesser was 1 acre with one owner. There was no further partitioning after this date.

Evidence shows that the only leasing of Tangatapu occurred in 1918, when block B2 was leased to Kireitapu te Nana for 21 years.

Block narrative information indicates sales of three blocks to E.C Bomfield in 1916 and 1917. In 1926 block A2 was sold to C. Kydd. There were no further sales after 1945.

-<M 21 March 1967. WMB. Vol42. Folio 320. BAAI 11466/356C ANZA. .dAft/,«l. -OT7 2 March l%7. Declaration in Suppon f Application lor Confirrnanon BAAI 11466/^

-"* 17 March 1967. Application for Exemption for Requirement to Furnish Special Valuat.on 11466/356C ANZA.

:"w 11 May 1967. Certificate of Confirmation. BAAI 11466/356C ANZA.

1359