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Protestors Application For Dismissal
Protestors Application For Dismissal
Protestors Application For Dismissal
Wellington Registry
I te Kōti Matua o Aotearoa
Te Whanganui-a-Tara
PRN/CRI:
Under the:
And
DEFENDENT
Filed by:
Therefore the Court has no Jurisdiction to deal with the matter put before
it by NZ POLICE
is frivolous or vexatious; or
(d)
Relief
Date
ANNEXED "A"
2/12/22, 2:29 PM ngauranga
ANNEXED "B"
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Ngauranga,
Kaiwharawhara &
Tiakiwai
Maori Sites of Te Whanganui a Tara
Ngauranga
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Kaiwharawhara Kainga
Orangi Kaupapa
cultivation
Pakuao Kainga
Raurimu Kainga
Tiakiwai Kainga
Ngauranga
Location: Mouth of the Waitohi (or Ngauranga) Stream
The name may be Ngati Ira's. As it signifies, this was a canoe-landing site.
(1)
When they left for the Chathams in November 1835, Ngāti Mutunga
rangatira gave their lands from Ngauranga to Pito-one to Matangi and his
son Te Manihera te Toru (Te Ati Awa) and confirmed the Taranaki people in
their possession of the lands from Waitangi Stream (at Te Aro) to
Ngauranga. Thus Ngauranga is, broadly, an important traditional boundary
between Wellington and the Hutt.
about him" after Pakeha settlement, evidently threatening in early 1842 "to
fall upon the people of Wellington." (4) But Wharepouri was already dying
from a brain tumour, and Ngauranga housed only 48 people. (5) Ngauranga
people cultivated lands along the western harbour where, at Wharepouri's
special request, the Company made sections 5 & 6 Native Reserves. (6) Like
Kaiwharawhara, the river mouth and gorge at Ngauranga formed a natural
crossroads, making it an early selection (#9) in the New Zealand Company
allotments. (7) In 1847 Ngauranga people insisted on retaining section 6
(about 115 acres) and 110 acres of land they had in cultivation around the
kainga (on sections 7, 8 and 9). In the summer of 1850, there were 34
people living in 18 huts at Ngauranga. (8)
The cart road up the gorge first opened in 1858, about half of its length
passing through Maori land. (9) From the late 1840's, James Futter and his
family operated the White Horse Inn on sections 8 and 9. Futter's dealings
with Ngati Tawhirikura moved from the Inn to informal leasing of the land for
a few decades, and converted to more formal arrangements on 1 January
1885, shortly before the lands passed through the Native Land Court, 28
August 1886. Taare Waitara became clearly the single largest owner: being
in half of section 6 with Mohi Puketapu and Matene Tauwhare, all of section
7, and one-third of the Māori part of sections 8 & 9 with Ruakere Moehau,
Hohepine Love and Hone Taramena. (10)
Around the same time, the Government took several parts of these lands for
public purposes: first 3 roods 10 perches for defence purposes in 7 February
1886, and in 1889, lands for future railway and road purposes.
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Between 1904 and 1906 the whole of sections 6 and 7 were sold for 5750
and 1371 pound, respectively. In 1901, 1908 and 1912 Hone Taramene,
Ruakere Moehau, and Hohepine Love's interests all passed to their
successors, Wiri Makoare, Te Pare Ruakere, and Ms Love's children. In 1914,
these sections were partitioned, and sales followed, eg Te Pare Ruakere's
interests sold to Walter Futter for 1,000 pound. Today, no part of Ngauranga
(including section 6) remains in Māori ownership.
Sources
2. Ballara, pp 26-29
9. Julie Bremner, "Ngauranga - The Maoris and the Road," The Onslow
Historian, Vol 10 No 4, 1980, pp 3-6.
10. General Land File Vol 1 Wgtn 60 MLC Wanganui Registry CT/267 &
42/268
Kaiwharawhara Kainga
Location: Mouth of Kaiwharawhara Stream
Being so close to the heart of the town, with a good road already reaching it
by late 1841, Harbour District Section 3 which contained Kaiwharawhara
kainga was the plum of the Country Sections. Hence it was the first Country
Section selected - by George Hunter for a prominent shipping concern,
Duncan Dunbar & Son Ltd. London. (4)
Ngati Tama remained in the kainga, though, as they had not understood the
1839 sale at Petone to include their kainga. Taringa Kuri objected that the
New Zealand Company had "disposed of his land at Kaiwharawhara, ... had
not reserved every alternate section for the natives and, ... his planting
grounds had been overrun by the horses, pigs and cattle of the white men."
(5) As a result, in mid-1842, many Māori from Kaiwharawhara moved to the
Hutt to cultivate, eventually leading to the Hutt wars of 1845-46.
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In 1868 the application of Hon Paengahuru and Wikitoa Taringa Kuri and
others for title investigation of Kaiwharawhara came before the Native Land
Court sitting of T.H. Smith. The first hearing was adjourned because Taringa
Kuri, being quite old and somewhat senile, could not give dependable
testimony. A second hearing was adjourned for lack of survey. On the fourth
hearing, Hon Paengahuru and a Native Department officer, Thomas E.
Young, gave evidence on the pa lands.
Thomas Young produced McCleverty's 1847 deed and the plan attached,
and noted that there was only 1 rood 19 perches - not 2 roods 19 perches,
as shown in the Swainson plan produced by the applicants. It appears that
the increase of 1 rood to high water mark accrued after the 1848 and 1855
earthquakes. The Court awarded the accretion to the Crown, and only the 1
rood 19 perches to Hon Paengahuru, Aperahama Tuhana, Matlu te Ire, Matiu
te Wakakeko and Komene Paipa. (8)
Other Kaiwharawhara lands (Harbour sections 4 and 4A) came before Judge
Alexander MacKay on 6 March 1888. Section 4 (103a 4r 36p) was granted
to twelve Ngāti Tama people. Section 4A (72a 1 r 23p), known as Ngatoto,
was granted to four people. (9) On 13 October 1893 a Crown Grant of the
pa issued to the Maori owners. About six months later, 2 May 1894, by an
application to the Native Land Court by Atanui te Peni, the restrictions on
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alienation were removed. (10) At some point, a John Newton must have
purchased the pa land, as a certificate of title was issued to him in November
1894. (11)
Sources
1. Adkin, Leslie, The great harbour of Tara, (1959), pp 25-26, Maps 1-2, IV-2
& Vl-2
4. Norah Parr, "Kaiwarra or the Village that Was," The Onslow Historian, Vol
10 No 2, 1980, pp 4-9.
6. Archives LS-W 64-29: Corr to NZCo principal agent taken over by Bell -
1850. Charles Sharp, Agent of Duncan Dunbar & Sons/Wm. Wakefield,
22/8/1849: encl. J. Salmon, Agent for Duncan Dunbar Son/Wakefield,
16/6/1843.
7. Kemp Report, 15/6/1850, in GBPP 1851 (1420) pp 232 & 242 (Waitangi
Tribunal Wai 145 Doc A33 pp 130 & 140)
10. Wgtn 47 Kaiwharawhara Old Pa, Order File, MLC Wanganui Registry
11. CT 75/274
For years, the owners of Tinakore North (28 acres) tried unsuccessfully to
obtain a roadway to their land, evidently intent on improving its value for
sale. In 1894, the Maori owners sold Tinakore South to their neighbour, the
Reids, who had been grazing cattle on it for some time, and who
subsequently granted access from across their land to the southwest. (6)
Tinakore South (28 ac) was taken in 1912 under the Public Works Act 1908,
for a Wireless Telegraph Station. (7)
Sources
6. Bell, Gully & Izard/Judge Mackay, 18/9/1894, in Aotea District MLC Closed
Correspondence File, Wgtn 108.
7. MLC Order, 23/10/1912, Gilfedder, J., in Aotea MLC General Land File,
Wgtn 108.
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Pakuao Kainga
Location: Northern end of Tinakori Road, near the intersection with Hutt
Road
Town Acres 659 and 660, selected as Native Reserves in 1840, were "at
Pakuao." Prior to 1835, both Kaiwharawhara and Pakuao were the rohe of
Ngati Hinetuhi and Ngati Kura (Ngati Mutunga hopu). When Te Atiawa
moved into the harbour at the invitation of Ngati Mutunga Patukawenga was
the Ngati Mutunga rangatira of Pipitea and environs. He invited the Te
Matehou hapu to reside with him at Pipitea and followed this up with an
invitation to Ngati Tama to reside and take up cultivations at Kaiwharawhara.
Ropiha Moturoa, the principal rangatira of Te Matehou, said that
Patukawenga lived at Pipitea and Raurimu Ngati Tama at
The Owhariu-to-Harbour track came out along the stream that emptied from
Wadestown at Pakuao accordingly in the early 1840s Pakuao like Raurimu
and Tiakiwai housed visitors from Owhariu and Whanganui who came to
cultivate lands behind Kaiwharawhara. (2) Similarly, in the early 1840's
William Couper opened his Caledonian Hotel right next door to "Cliff Pa", as
Pakuao was known to Pakeha at the time. (3)
In 1842, Wi Tako Ngatata and Ropiha Moturoa named Tumeke, Kawia, Rawi,
Hakaraia Poroa, lpu and Ananga as land-owning rangatira of Pakuao. (4)
However the February 1842 census of Port Nicholson Maori does not list
any of these individuals as living at Pakuao or Kaiwharawhara or Pipitea. (5)
Only Poroa and another person, Wiremu Omere, signed the 1844 deeds
bringing this kainga into the wider New Zealand Company's 1839 purchase.
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So, was Pakuao assigned to one group or to two? The Tiakiwai people
apparently chose not to move to Kaiwharawhara instead of Pakuao, and
leased 659 to Hugh McKenzie. (7) In 1852 another rangatira, Te Kepa
Napapa arranged a lease of 659 to William Couper, apparently to expand
his Caledonian Hotel. (8)
The resulting dispute helped focus early doubts over the Government's role
in managing Native Reserves ('Tenths') as opposed to lands which it had
assigned to Maori in Native Title. (9) Twenty years later Ngati Tama and
Whanganui
Maori apparently took this title dispute to the Native Land Court
(applications presented May and June 1866 and April 1867, case heard
August/September 1867). Ngati Tama were adjudged owners of both
sections which became known as Pakuao No 1 and 2 (Sec 660 and 659
respectively). The Native Land Court issued certificates of title, and Crown
grants followed in 1872 for both sections. By June 1873 Section 659 was
sold to Charles Cottle, a local blacksmith who subsequently subdivided the
1 acre 3 rood area into seven sections of which he sold six, retaining one for
his own use. Section 660 (Pakuao No 1) was also subsequently sold to
Leonard Stowe, the clerk of the Legislative Assembly. Today these sections
are subsumed in the land bounded by Grant Rd. Cottleville Tce and Tinakore
Rd.
Sources
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1843.
8. Corr. of Napapa, Couper, Kemp, Domett & Grey, ca. January 52, in
Archives, New Munster 8/1852/42 (Waitangi Tribunal Wai 145 Doc A40 p
41lf)
Raurimu Kainga
Location: Intersection of Hobson Street and Fitzherbert Terrace
Ngāti Tama (Ohariu) as well as Ngāti Toa rangatira). Principal men were
Patukawenga, Pomare, Te Pehi, Raumoa, Takaka, and Ngatata-i-te-rangi.
The mutual focus of residence was the inner harbour around Pipitea and
Kumutoto. The heke was not a small one, and the population rose to some
900 by 1835, the year Ngāti Mutunga and Ngāti Tama migrated to the
Chathams.
The pa, kainga and cultivations extant in 1839/40 at the arrival of settlers
developed out of this Taranaki settlement pattern into a diverse community
under the control of Ngāti Mutunga. The principal rangatira were of Ngāti
Hinetuhi based around Pipitea and Kumutoto. Kaitangata and Ngāti Tama
residences abutted Pipitea around Tiakiwai and Raurimu. Until 1833-34 it
appears that Ngāti Tama involvement in the area was limited - constrained
to the status of visits or limited by the invitation and interest of Ngāti
Hinetuhi and Kaitangata. The web of community was a dynamic one from
which the residents maintained communal interest around Moana Raukawa.
There is evidence that Ngāti Mutunga participated extensively in these years
in the Toa-Atiawa raupatu into the South Island and movement to and from
other Te Atiawa occupation was continuous.
The impact of the Haowhenua battle near Otaki in 1834 led most of Ngāti
Mutunga and Ngāti Tama to migrate to the Chathams. The exodus of so
many people at one time created the opportunity for the Te Atiawa hapu Te
Matehou, Ngāti Tawhirikura, Ngāti Te Whiti, Ngāti Haumia and Ngāti Tupaea
people to fill this void with Ngāti Mutunga's sanction.
Some Kaitangata maintained residence at Tiakiwai and Raurimu for the rest
of their lives. These included Tamatau, Te Ipu at Wi Omere, Kapapu, Ramu
and Pirihira Te Tia. Ramu Ngatitu of Whanganui and Kaitangata was one
who continued his residence at Tiakiwai, Kapapu of Ngatitupata and
Pukaitangata spent time also at Paekaka gathering food. They only ceased
gathering at Paekaka at the time of the Hutt war, when George Grey took
the Tiakiwai land for the Thorndon Barracks. The migration allowed Ngāti
Tama to move into Tiakiwai and take over the kainga. Taringa Kuri was one
of a number of Ngāti Tama rangatira who took lengthy residence at Tiakiwai.
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When the New Zealand Company and settlers arrived after 1839 this
pattern of Maori life succumbed to the pervasive pressure of settlement. All
traces of Tiakiwai, Raurimu and Paekaka disappeared. In the early 1870s
Kaitangata made a late bid to resurrect their claim to the land but were
dismissed as unentitled.
Sources
1. Adkin, Leslie, The great harbour of Tara, (1959), pp 75-76 & Maps IV-2 &
V
Tiakiwai Kainga
Location: Just northeast of Fitzherbert Terrace and Hobson Street
intersection
Tiakiwai was probably more closely associated with Ngāti Mutunga than
Ngāti Tama. In 1833, three Ngāti Mutunga rangatira - Raumoa,
Patukawenga and Takiaka - sold about 3/4 acre of land at Tiakiwai to a flax
trader George Young. In Young's 1843 land claims hearng Pomare Kapawiti
(Takiaka's younger brother) and Wi Tako Ngatata all supported this Ngāti
Mutunga sale, and denied Ngāti Tama's interests in Tiakiwai. (2) Wi Tako
and Ropiha Moturoa listed the rangatira of Tiakiwai as Ngapapa, Te Kapu,
Rauru, Te Korangi, Ngake, and Kapaku - all Ngāti Mutunga folk. (3)
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them." (4)
Sources
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