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Ng¯ati Tuwharetoa (Bay of Plenty) Claims Settlement Bill

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Ngāti <strong>Tuwharetoa</strong> (<strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong>)<br />

<strong>Claims</strong> <strong>Settlement</strong> Preamble<br />

New (unanimous)<br />

was any land owned in that district by those deemed to have<br />

been in rebellion:<br />

(17) The Crown considered the <strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong> tribes to have been<br />

in rebellion because <strong>of</strong> the ‘‘resistance’’ to the forces sent into<br />

the area to arrest those responsible for the deaths <strong>of</strong> Fulloon<br />

and others:<br />

The compensation process<br />

(18) The Compensation Court was established under the provisions<br />

<strong>of</strong> the New Zealand <strong>Settlement</strong>s Act 1863 to hear claims<br />

for the return <strong>of</strong> confiscated land. Prior to the sitting <strong>of</strong> the<br />

Compensation Court, Crown Agent John A Wilson was<br />

appointed as a special commissioner in February 1866 to deal<br />

with the allocation <strong>of</strong> confiscated land in the <strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong>:<br />

(19) Wilson arranged for approximately 87 000 acres <strong>of</strong> confiscated<br />

land between the western confiscation boundary and the<br />

Tarawera River to be divided into blocks. Much <strong>of</strong> this area,<br />

which Ngāti <strong>Tuwharetoa</strong> (<strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong>) and other iwi also<br />

claim, went to certain Te Arawa iwi and others as military<br />

awards. Ngāti <strong>Tuwharetoa</strong> (<strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong>) also lost lands,<br />

which they traditionally held interests in, on the eastern side<br />

<strong>of</strong> the Tarawera River:<br />

(20) The Compensation Court heard evidence from members <strong>of</strong><br />

Ngāti <strong>Tuwharetoa</strong> (<strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong>) in relation to land within<br />

the confiscation boundary on the west side <strong>of</strong> the Tarawera<br />

River. The Ngāti <strong>Tuwharetoa</strong> (<strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong>) claims<br />

recognised by the Court included those for the Tawhitinui<br />

block (6 320 acres) and the Rotoitipaku block (13 675 acres):<br />

(21) In December 1867, the Compensation Court awarded the<br />

Rotoitipaku block to 10 people and the Tawhitinui block to<br />

13 people. These awards were made on the basis that they<br />

were the rightful owners and not implicated in the<br />

‘‘rebellion’’:<br />

(22) Ngāti <strong>Tuwharetoa</strong> (<strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong>) viewed the awards <strong>of</strong> these<br />

blocks as a tribal endowment with the named individuals<br />

acting as kaitiaki or trustees for the hapū. However, when the<br />

Compensation Court awards were <strong>of</strong>ficially notified in the<br />

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