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

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Preamble<br />

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

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

New (unanimous)<br />

Gazette 7 years later, in 1874, there was no mention <strong>of</strong> trustees.<br />

Rather the blocks were <strong>of</strong>ficially awarded to the listed<br />

individuals as grantees:<br />

(23) Members <strong>of</strong> Te Tāwera hapū were granted land in the<br />

Umuhika area, in accordance with an arrangement made by<br />

Wilson, who noted that Te Tāwera had been major landholders<br />

in the area prior to the war:<br />

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

10 individuals 50 acre blocks within the Rotoitipaku and<br />

Tawhitinui blocks. All <strong>of</strong> these awards were made under<br />

sections 4 and 6 <strong>of</strong> the Confiscated Land Act 1867, which<br />

allowed the return <strong>of</strong> land to those considered by the Crown to<br />

be ‘‘surrendered rebels’’:<br />

(25) Wilson carried out his activities under the provisions <strong>of</strong> the<br />

New Zealand <strong>Settlement</strong>s Act 1863 and its amendments. The<br />

Crown then enacted further legislation, including the Confiscated<br />

Lands Act 1867, in order to validate Wilson’s<br />

arrangements:<br />

(26) While Ngāti <strong>Tuwharetoa</strong> (<strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong>) were granted some<br />

land through the compensation process, they lost their customary<br />

rights <strong>of</strong> access to other traditional lands and<br />

resources:<br />

(27) Land restored through the compensation process was returned<br />

to individuals rather than to the hapū or iwi. The awards did<br />

not reflect the customary forms <strong>of</strong> tenure and land became<br />

more susceptible to partition and alienation:<br />

Crown purchases<br />

(28) In 1873, Crown land purchase agents began negotiating to<br />

lease the Rotoitipaku and Tawhitinui blocks. Eight Ngāti<br />

<strong>Tuwharetoa</strong> (<strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong>) men signed a deed <strong>of</strong> lease for<br />

the blocks. Some <strong>of</strong> these men were listed as trustees for the 2<br />

blocks in the schedules Wilson prepared <strong>of</strong> the compensation<br />

awards:<br />

(29) In 1874, after publication <strong>of</strong> the awards for the Rotoitipaku<br />

and Tawhitinui blocks in the Gazette, it became clear that the<br />

existing deed <strong>of</strong> lease did not have the appropriate signatories.<br />

36

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