Wai 1040, #X3(a) IN THE WAITANGI TRIBUNAL WAI 1040 WAI 779 IN THE MATTER OF The Treaty of Waitangi Act 1975 AND IN THE MATTER OF Te Paparahi o Te Raki Inquiry AND IN THE MATTER OF A claim by Donna Washbrook and Warren Moetara on behalf of the descendants of Iehu Moetara Trust TECHNICAL BRIEF OF EVIDENCE OF WARREN MOETARA DATED 25 JULY 2016 Te Mata a Maui Law PO Box 44331 Point Chevalier AUCKLAND 1246 Tel: 0508-TEMATA (0508-836282) Counsel Acting: David Stone Brooke Loader Catherine Leauga David@tematalaw.co.nz Brooke@tematalaw.co.nz Catherine@tematalaw.co.nz
MAY IT PLEASE THE TRIBUNAL Introduction 1. My name is Warren Moetara. I live in Whangārei. I have presented evidence to the Tribunal during the Stage 1 hearings held at Waipuna Marae, Panguru, and at the hearings held at Mōria Marae, Whirinaki. This is the first time I have presented evidence on behalf of the Wai 779 claim which concerns the Pākanae school site. Whakapapa 2. I have previously provided evidence of my whakapapa during the Stage 1 hearings, however I provide the following brief details. 3. My Great Grandparents are Iehu Hapakuku Moetara and Raiha Tangoraumati Te Whata. 4. My Grandfather is Hone Heremia Te Wake Iehu Moetara he was commonly known as Jack Moetara and my Grandmother is Hana Ranga Hau. 5. My Mother was Raiha Moetara. Rohe/Marae 6. Our main whānau lands are located in Pākanae. These lands are Pākanae 2Y2, 2Y3B, and 2W1B. We also have strong historical connections to lands throughout Opononi, Omāpere, Waimamaku and south towards Dargaville. 7. Our principal whānau marae is located in Pākanae. We also have strong connections to the marae at Kokohuia, Waiwhatawhata, Waimamaku, and Waikarā. 1
Growing up 8. My Grandfather Jack was born in Pākanae and grew up in this area. 9. Throughout his life he worked on our family lands in Pākanae, which were being farmed by his father Iehu. He grew up on these lands and attended Pākanae school along with his brother Eru and sister Anahira. 10. When his father Iehu died in 1942 my Grandfather was left to look after the farm. 11. My Grandfather stayed and farmed these blocks until it became uneconomical to continue and he leased it to one of his cousins. These lands today are administered by our Nga Uri o Iehu Moetara Ahu Whenua Trust. 12. My Mother and her siblings were also born and raised in Pākanae. My Mother and two of my Aunties attended Pākanae school just as my Grandfather had done. 13. In the late 1950 s and early 60 s the whānau moved to Kaikohe. They moved to Kaikohe for work. Even though my Grandfather moved to Kaikohe he still returned to work and maintain the whānau lands in Pākanae. 14. My sister and I were born and raised in Kaikohe by our Grandparents. Another of my cousins was also raised by our Grandparents. 15. In 1986 my Grandfather Jack died. This was when I started becoming more involved in whānau affairs and our whenua. 16. In 1990 our whānau created our family trust Nga Uri o Iehu Moetara Trust. The lands in our Trust today comprise of Pākanae 2Y2 and Pākanae 2W1B. 2
Since then our whānau have become more aware and proactive in affairs concerning our lands in Pākanae. Research 17. I have visited the Auckland Archives and taken photographs of all the documents I could find in relation to the Pākanae school site. I have since reviewed these documents and where necessary have included references to these in my brief of evidence. 18. The history we have uncovered from our research clearly shows our unique connection to the Pākanae school site lands, and this confirms what we have been verbally told throughout the years. What is also clear is that there was an initial and ongoing desire of our tūpuna to do something for the greater community. 19. The evidence we have uncovered shows the true nature of early transactions involving the Pākanae school lands and the attitudes of the Government agencies both prior to and after the establishment of Pākanae school. 20. The evidence I present today has not been presented to the Tribunal nor is it fully encapsulated on the Wai 1040 record of inquiry. 21. Through our Wai 779 amended statement of claim and our supporting briefs of evidence we hope to untangle and present to the Tribunal the true history of the Pākanae school site and our tūpuna lands. 3
Section 7 and Section 8 of the Tribunal Statement of Issues will be discussed in this brief of evidence Our whenua, our story 8 (l). What was the extent of gifted lands in the Te Raki inquiry region? In particular, who gifted the lands and what was the intent behind the gifts? Pākanae No 2- school site 22. I always had a general understanding that our tūpuna gifted land for the Pākanae school but I never knew the details or specifics surrounding these gifting s. My Grandfather never spoke to me about that aspect of the school lands or its specific history, but it was commonly understood in our whānau that our tūpuna had gifted the lands for the Pākanae school site. 23. I knew that my Mother Raiha (recorded in Crown files on this matter under her married name E.J.Franov) had made inquiries about the school site shortly after it closed in 1972. I knew that she was trying to get the lands back, but didn t know the specific details and she never mentioned any outcome or resolution. It wasn t until much later when I was given her personal papers that I saw the work she had been doing regarding the school site. The last apparent correspondence she had with the Crown regarding the school site was in 1975. My Mother passed away in 1992. 24. Since undertaking our own research we have uncovered more information about the various lands and transactions involved in the establishment of Pākanae school. To understand the full history of the Pākanae school site it is important to start at the very beginning. 25. On the 11 th of November 1876 our tūpuna Hapakuku Moetara gave evidence in the Native Land Court relating to Pākanae No. 2 block. He stated: 4
I belong to Ngāti Korokoro. The land shown on the map belongs to us. It belonged to our ancestor Te Angaora. The permanent settlement of Ngāti Korokoro was on this block. We have lived on it for many years. I was born at Pākanae. The name of our village was Pākanae. We had a på there and large cultivations. No one has ever disputed our title Moetara, my uncle died at Pākanae. 1 26. He named 36 owners to the block, including himself and his father Rangatira. 27. On the 21 st of March 1882 Penehāmine Kahi gave evidence in the Native Land Court relating to the Pākanae No. 2 block. At this hearing an Order was made listing approximately 66 owners for this block. That list included our tūpuna Hapakuku Moetara and his wife named as Mereana Hapakuku, who is sometimes recorded as Mere Hapakuku and who we commonly refer to as Mere Hira. 2 28. On the 30 th of November 1889, the Pākanae No.2 block was divided into 78 sections, with owners being named for each section. Hapakuku Moetara and Mereana Hapakuku were named as owners for a number of sections including Section 44, which had an area of 6 acres. 3 29. On the 1 st January 1902 our tūpuna Hapakuku Moetara died. 30. In 1903, the settlers and residents of Pākanae began petitioning the Education Board at Auckland, for the establishment of a school. 31. At that time the schools in the district were located in Waiotemārama, Omāpere, and Whirinaki. The requests continued for the next 5 years during which time numerous letters were written laying out the grounds and justification for a school, and indicating that suitable sites were 1 MLC Minute Book 3N 264-265. (see Appendix A) 2 MLC Minute Book 5N90-91. (see Appendix B) 3 MLC Minute Book 10N48-67. (see Appendix C) 5
available. Some of the letters included details of the families in the area, and the names and ages of children attending school or due to do so. 4 32. In August 1908, William Ogilvy, a resident of Pākanae and one who had been involved in petitioning for a school, forwarded a letter to the Chairman of the Board of Education at Auckland. In this letter Ogilvy advised that a 2 acre site was being purchased from the Hapakuku Moetara family of natives, and would be handed over to the Government. From the letter it appears that the 2 acres was part of a larger 6 acre fenced paddock, and that 1 ½ acres would be given as a school site, and the remaining ½ acre used as a church site. 5 33. On the 30 th October 1908 the family of Hapakuku Moetara signed a letter in which they agreed to give 2 ½ acres of land being part of the Pākanae number 2 block to the School Committee formed in June 1908 for 10. The letter states that 1½ acres was for the Board of Education as a school site, and that ½ acre would be for the people of Pākanae to build a church. A notation on the letter states that 1.8sh was paid, it appears, as a deposit. The letter was signed by Mere Hapakuku, and her children Iehu, Tohuora, Kare, Rāwiri, and Mārama. Iehu also signed as guardian for Hune Tāoho and Iehu Tāoho, the sons of Tāwera, a further daughter of Hapakuku and Mere who had passed away. 6 34. There are no further letters to confirm that 10 was ever received by our tūpuna, and no deed of purchase has been found to show that any sale of the land in question took place. 35. The important evidence we wish to highlight is that our tūpuna provided the land for the purpose of a school and church site. This is reiterated by our tūpuna Iehu Moetara in 1936 when he provided a further area of land for the school site and is recorded in Māori Land Court records as saying 4 Archives NZ, School Site Pākanae 1905-1908, record no. 1/331. (see Appendix D, E and F) 5 Archives NZ, School Site Pākanae 1905-1908, record no. 1/331.(see Appendix G). 6 Archives NZ, School Site Pākanae 1905-1908, record no. 1/331. (see Appendix H) 6
I gave the school site at Pākanae and This is another of my acts of aroha for the people, and This is a straight out gift. 7 36. In 1939 our tūpuna Iehu Moetara was further involved in the provision of land for the school site, and is again recorded referring to the intention to gift a portion of land to the Education Board and to an agreement to gift land for the school. 8 37. During November 1908 a survey of the school site was completed, separating it out of Section 44 of the Pākanae No. 2 block. In December 1908 the Education Department, Wellington, advised the Education Board at Auckland that a grant of 380 would be made for the establishment of the school at Pākanae. 9 38. In March 1909 the Education Board at Auckland gave authority for the building of the school to commence. 39. In May 1909, William Ogilvy, Chairman of the Pākanae School Committee advised the Education Board that the school building had been completed and that he had received the key to the building. 40. On the 21 st June 1909 by an Order in Council under Section 24 of The Māori Land Claims Adjustment and Laws Amendments Act 1907, Pākanae No. 2 became alienated from our tūpuna. This order was made vesting Pākanae No 2 with an area of 2 acres and 1 perch in the Tokerau District Māori Land Board ( Land Board ). The land was as delineated in deposited plan number 14935. 10 The land was to be held and administered by the Land Board for the benefit of the Māori Owners. 7 HK MB Vol 16/Fol 54-55. (see Appendix I) 8 HK MB Vol 16/Fol 305-307. (see Appendix J) 9 Archives NZ, School Site Pākanae 1905-1908, record no. 1/331. (see Appendix K) 10 Archives NZ, Pākanae No. 2 acquisition for school site, record no. MSA 1 970 1909/111. (see Appendix L) 7
41. On the 23 rd March 1910 1a 2r 1p of the Pākanae No. 2 block was transferred from the Land Board to the Education Board. The Memorandum of Transfer records the price on transfer as being 7.10 and the associated Certificate of Title was 168/131. 11 NZ Gazette Notice 1909 page 1651 SO Plan 14935 is the relevant gazette notice. The balance of the site was retained by the Land Board, and marked as a church site, as stipulated by our tūpuna in their letter of 1908. 42. In summary then: a. October 1908 our tūpuna, in writing, commit to providing land for a school site, and church site. b. November 1908 the site is surveyed. c. March 1909 authority to build the school is given. d. May 1909 the school building is completed. e. June 1909 the site is vested in the Land Board for the benefit of the Māori owners. f. March 1910 1a2r1p, being the land upon which the school building had already been erected, is transferred to the Education Board and Title obtained by the Education Board. 43. The records clearly show that the building of the school commenced upon the land of our tūpuna, and was indeed completed, before the Education Board of Auckland had any title whatsoever to the site. Pākanae No 2- teacher s residence 44. On the 9 th March 1940 the land retained as a church site, being 2 roods of Pākanae No 2 was vested in the Education Board of the District of Auckland. 12 A teacher s residence was subsequently built on this site, and is still there today. 11 HK MB Vol 12/Fol 369-375, submission of Bruce Young, Department of Lands & Survey. (see Appendix M and N) 12 HK MB Vol 16/Fol 305-307. (see Appendix O) 8
45. Like the history of who provided the original site for the Pākanae school the teacher s residence history needs to be corrected. The site for the teacher s residence was part of the original area of land provided by our tūpuna in 1908. It had been set aside as a church site, and it was our tūpuna Iehu Moetara who indicated to the court that it could be used instead as a site for a new teacher s residence. 46. The teacher s residence is still in Crown ownership today and now that that land is no longer being used the Crown can put things right by returning this land to the descendants of the original owners. Pākanae 2Y3 - playing field 47. In 1936 our tūpuna Iehu Moetara gave a portion totalling 1r 18p from Pākanae 2Y3 as extra land for the school. 13 48. This extra piece was given for a playing area, and was a straight forward gifting. 49. Given that it became part of the whole school site, when the school site was no longer required, it should have been returned to the descendants of the original owner. 50. Just like the teacher s residence part of Pākanae 2Y3 also remains in Crown ownership today. This is where the Crown can put right some of its past errors and shouldn t complicate things further. 13 HK MB Vol 16/Fol 54-55. (see Appendix P) 9
Pākanae 2Y 51. For as long as I ve known the current location of the concrete driveway that accesses the teacher s residence and school site has always run across part of Pākanae 2Y land. 52. The land was taken under the Public Works Act in 1963. 14 53. Compensation of 30 pounds plus interest is recorded as being payable, but my Grandfather never mentioned receiving any such money to me. 7(i). What was the impact of the compulsory vesting of Te Raki Māori lands in the Tokerau Māori Land Board on Te Raki Māori? Financial transactions 54. Despite part of Pākanae No 2 being vested in the Land Board for the benefit of its Māori owners, our tūpuna did not receive any such benefits. Our tūpuna were alienated from their lands and received nothing in return. 55. On the 15 March 1910 lawyers for the settlers and residents - Reed & Miller wrote to the Land Board. They enclosed a cheque for 6.2.0 together with a receipt for 1.8.0 already received by Mere Hapakuku, which they explained together totaled the amount of 7.10.0 for the land in transfer to the Education Board. 15 56. The Clerk of the Land Board raised issue regarding the validity of the receipt from Mere Hapakuku as it had not been explained to her by an interpreter and was not attested in proper form. It appears that the matter 14 Archives NZ, Māori Trust compensation and land takings Pakanae No. 2Y Block 1964-1967. (see Appendix Q and R) 15 Archives NZ, Tai Tokerau alienation file Pākanae 2 Section 44, record no. 5376. (see Appendix S) 10
was settled in May 1910 when Reed & Miller forwarded a cheque for 1.8.0 to the Land Board 16 57. Over a year later on the 17 th August 1911, the Secretary of the Pākanae School Committee wrote to the Chairman of the Education Board, Auckland, and asked why the purchase money had not been paid to the native owners of the site who said they had not received full payment. 17 58. In reply, the Secretary for the Education Board reminded the Committee that the school was built upon the express condition that the cost of the site would be met by the residents at Pākanae, and that the Chairman of the Committee had indicated in August 1910 that the Committee had paid in full the purchase money for the site. 18 59. The Secretary of the Pākanae School Committee also wrote a similar letter on the 17 th August 1911 to the Land Board. 60. On 8 September 1911 the President of the Land Board replied advising that the Block of Native Land out of which the site was taken has been partitioned by the court into a number of divisions, each subdivision being owned by different owners and until a survey of the subdivisions has been made it is impossible to locate the division in which the school site is and therefore I do not know who are the persons entitled to receive consideration. 19 61. Nine years later on 10 th July 1920 it appears that questions regarding the transaction remained unresolved as on this date the Secretary of the Pākanae School Committee (E. Hall) wrote to the Land Board advising that they wished to purchase the remaining portion of the site. This appeared 16 Archives NZ, Tai Tokerau alienation file Pākanae 2 Section 44, record no. 5376. (see Appendix T and U) 17 Archives NZ- School site- Pakanae, record no 1/331 part 2. (see Appendix V) 18 Archives NZ- School site- Pakanae, record no 1/331 part 2. (see Appendix W) 19 Archives NZ, Tai Tokerau alienation file Pākanae 2 Section 44, record no. 5376. (see Appendix X) 11
to be agreeable to the owners however it appears that they had still not received money for the land transferred to the Education Board. 20 62. In reply to Mr. Hall the Land Board advised that the school committee had paid the sum of 7.10sh to the Board but owing to some difficulty in ascertaining the owners that amount had remained in the hands of the Board. It seemed however that the portion taken was wholly within section 44 and that if Mr. Hall could provide an address for Mere Hapakuku a voucher for 3.15sh would be sent to her. 21 There is no explanation provided on the reason for providing this lesser amount. 63. Subsequent correspondence showed difficulties in providing an address for our tūpuna Mere Hapakuku and it is not clear from our research if she ever received any money. 22 64. On the 14 th September 1920 Mr. Hall wrote to the Education Board advising that our tūpuna Iehu Moetara had erected slip-rails across the road to the school effectively restricting free access, and his reason for doing this was that neither his Mother or deceased Father had ever received monies relating to the school, and that the school had no legal road access. Mr. Hall also advised that the Committee had no objections to the slip-rails being across the road until such time as the Education Board decided on the matter of enlarging the School site. 23 65. From our enquiries we cannot establish if the issue of the money was ever resolved, despite the lands being alienated and used to establish the Pākanae School. 20 Archives NZ, Tai Tokerau alienation file Pākanae 2 Section 44, record no. 5376 (see Appendix Y). 21 Archives NZ, Tai Tokerau alienation file Pākanae 2 Section 44, record no. 5376 (see Appendix Z) 22 Archives NZ, Tai Tokerau alienation file Pākanae 2 Section 44, record no. 5376. (see Appendix AA and BB) 23 Archives NZ, Auckland Education Board-1/331/1 Pākanae School. (see Appendix CC) 12
66. From the records it is clear that our tūpuna provided the land for the school site and that from 1909 it was indeed used as a school. Two years later in 1911, it seemed that our tūpuna had not received any money in respect of providing the land. Eleven years after the school opened, it is evident that our tūpuna had still not received any money in respect of providing the land, and at this point our tūpuna was forced to protest the issue by, in essence, placing a blockade across the driveway to the school. Now, in 2016, over 100 years after our tūpuna provided land for the school site, there is still uncertainty over that issue. 8 (j). To what extent could and did Te Raki Māori obtain the return of land taken for public purposes once it was no longer required? Did public works legislation make adequate provision for offering land back to the original owners or successors in title? 8 (m). How did the Crown treat land that had been gifted for schools, churches and other public facilities? Where land that was gifted for a particular purpose is no longer used for that purpose, what obligations does the Crown have if any towards those Te Raki Māori donors and their successors in respect of that gifted land, and to what extent have any such obligations been fulfilled? Use of land outside of its gifted purpose 67. After Pākanae school initially closed in 1972 the land and buildings were for some time used by the Youth Hostel Association ( Youth Hostel ). These decisions were made without consulting the descendants of the original owners who gifted the lands. 68. On the 24 November 1972 the Youth Hostel wrote to the Education Board expressing interest in the Pākanae School in light of information that it would be closed in December that year. 24 24 Archives NZ, School Site Pākanae, record no. 1/331/3. (see Appendix DD) 13
69. On 12 December 1972 the Education Board advised that no decision on the future of the school had been made and that the teacher s house would be retained. They recommended the Youth Hostel talk with the School Committee on the use of the school over the holiday period and early part of 1973 and that the Board would have no objections. 25 70. On 12 December 1972 the Youth Hostel wrote to the School Committee confirming the arrangements for short term use of the school until 31 January when the Committee would relinquish control of the site. Any extension beyond that date was to be a matter for the Board. 26 71. On 6 February 1973 the Education Board resolved to approve an extension for the use of the school site by the Youth Hostel until the property was handed over to Crown Lands. The Board resolved to allow the teacher at Waiotemarama school to occupy the teachers residence. 27 72. On the 16 April 1973 the Youth Hostel indicated to the Board their interest in a long term lease or freehold on the school site property. 28 73. Before the Pākanae school had closed the Ministry of Works and the Education Board had already decided that the Youth Hostel would use the site - this was despite advice that they had to consider the people who had gifted the land. Once the school closed we the descendants of the original persons who provided the land for the school site were disadvantaged and completely left out of any decision making about the land and further alienated from it. 25 Archives NZ, School Site Pākanae, record no. 1/331/3. (see Appendix EE) 26 Archives NZ, School Site Pākanae, record no. 1/331/3. (see Appendix FF) 27 Archives NZ, School Site Pākanae, record no. 1/331/3. (see Appendix GG) 28 Archives NZ, School Site Pākanae, record no. 1/331/3. (see Appendix HH) 14
Declaring the land surplus- Issues with Crown policy and Government agencies disagreeing on a way forward 74. Whilst we had family who attended Pākanae school, the involvement of our whānau in relation to the running of the school or the return of school lands was nonexistent. 75. On the 12th June 1973 the Education Board advised that it wished to retain the teacher s house and declare surplus the remaining area. They noted that the original site was a gift from the local Māoris.. 29 76. On the 2nd April 1974 the Commissioner of Crown Lands advised the General Manager ( Manager ) Auckland Education Board that the site was largely donated by Māori for the specific purpose of a school and school residence site, and that the donors or their descendants will make representations for the return of the site as it is well understood the Northern Māoris do not consider land gifted for a school site in the same category as land gifted for education purposes. 30 77. On the 7th August 1974 the Commissioner of Crown Lands wrote to the Manager Auckland Education Board acknowledging a copy of the memo dated 29 July (not on file). The Commissioner noted concern that the memo ran contrary to his memo to the Manager dated 2 April. Included with the Commissioners letter was correspondence from the Minister of Māori Affairs expressing his concerns at the manner in which education authorities and the Crown were dealing with lands originally gifted for education purposes and declared surplus he expressed strongly that the policy of immediate return of such lands should be adhered to and that the spirit of the gift be maintained. The Commissioner believed that in order to retain any portion of the school site it needed to negotiate that at any meeting with the residents, or declare the whole site surplus. The 29 Archives NZ, School Site Pākanae, record no. 1/331/3. (see Appendix II) 30 Archives NZ, School Site Pākanae, record no. 1/331/3. (see Appendix JJ) 15
Commissioner asked the Manager if the Board had negotiated retention of the teacher s residence. 31 78. So despite the Minister of Māori affairs strongly expressing that the Government policy for the immediate return of gifted Māori land should be followed the Commissioner of Crown lands had an alternative motive and sought to retain the lands. 79. On the 21st August 1974 the Regional Superintendent of Education wrote to the District Commissioner of Works and advised that the Auckland Education Board had resolved to declare the site and buildings with the exception of the teacher s residence surplus to requirements with a recommendation that the surplus area be made available to the Youth Hostel. He asked disposal action be initiated for Part Pākanae 2 (1ac2r1p) and Part Pākanae 2Y (2 r21p) with consideration given to the Youth Hostel interest. He said Part Pākanae 2Y3 (1r18p) was donated by Iehu Moetara and should be returned to him or his heirs, and to notify the Lands and Survey Department that the Youth Hostel is interested in leasing or purchasing the site. 32 80. On the 6 th September 1974 the Manager, Auckland Education Board wrote to the Ward Member for the Board and discussed which areas of the schools site were gifted, bought or donated by European settlers. He included with his letter a rough sketch plan showing the areas acquired in relation to the area being declared surplus. Notes on the sketch plan include: a. Part Pākanae 2 (1a2r1p) Gifted by European Settlers about 1907. b. Part Pākanae 2Y (2r21p) Purchased 1963, $60. c. Part Pākanae 2Y3 (1r18p) Gifted by Māori donor and must be returned. 33 31 Archives NZ, School Site Pākanae, record no. 1/331/3. (see Appendix KK and LL) 32 Archives NZ, School Site Pākanae, record no. 1/331/3. (see Appendix MM) 33 Archives NZ, School Site Pākanae, record no. 1/331/3.(see Appendix NN) 16
81. It is disturbing to note the mistaken understanding on the part of the Auckland Education Board that Part Pākanae 2 (1ac2r1p) had been gifted by European settlers, when in fact this is part of the very land that was provided by our tūpuna in 1908. 82. Almost a year later on 22 July 1975 the Commissioner of Crown Lands wrote to the Manager Auckland Education Board advising that two of the four portions of the site were donated by the Māori owner, and the remaining two portions acquired by way of consideration payment by the Crown. The Board wished to retain the teacher s residence, as well as a further portion to site an additional teacher s residence, and dispose of the remainder to the Youth Hostel. He suggested that the Manager: a. Inform the appropriate departments b. Have disposal action so far cancelled c. Prepare new plans d. Meet with the descendants of the donated portions. 34 83. It is interesting to note that it took some three years since the schools closure in 1972 before a meeting with the descendants of the donated portions is suggested. 84. On the 25th July 1975 the Manager Auckland Education Board wrote that the Board had declared the land surplus with the interests of the Youth Hostel in mind. The Lands and Survey Department raised the issue of Māori ownership being unresolved and that there was no guarantee that the Youth Hostel would acquire the property, but that if it was offered to them they would have to purchase it. The Youth Hostel indicated this was contrary to their understandings but they would be happy if the area were reduced to lower the purchase price. There was an indication that further land may be required for a future teacher s residence at the site, and despite the local School Committee indicating that another residence on the site 34 Archives NZ, School Site Pākanae, record no. 1/331/3.( see Appendix OO) 17
would be unsatisfactory, the land should nevertheless be retained as an insurance against any future urgent need. The Board planned to meet with the Māori people to illustrate what is proposed. 35 85. As can be seen from the letter of the 25 th July 1975 Crown agents had settled on proposals for the school site prior to any meeting with Māori to discuss what should happen with the site. The letter also shows how the interests of the Youth Hostel were being supported by the Crown agents, whilst the interests of those properly entitled were disregarded. 86. For the next 3 years there appeared to be some issues of how to deal with the property by the Lands and Survey Department. 87. During 1975 my Mother Raiha began making enquiries with the Crown about the school she did this on behalf of her father Jack Moetara, and her two Uncles Simon and Eru, and provided their details to the Crown along with letters from them authorizing her to act on their behalf. She made phone calls, and wrote letters, and some of these are recorded in Crown files. She kept copies of some of those letters, and I now hold those as well. 88. During 1975 my Mother was in correspondence with a Mr. Young from the Department of Lands and Survey. She registered interest in the school site and Mr. Young mentioned options including the purchase of the site by the descendants of the original donors. My Mother indicated the purchase option looked the most agreeable but this was to be subject to further discussions. At no stage was a formal offer and acceptance to purchase the land confirmed. There was some discussion about the Youth Hostel and the need for a lease agreement with them for their continued use of the site. 36 35 Archives NZ, School Site Pākanae, record no. 1/331/3.(see Appendix PP and QQ) 36 Personal records. (see Appendix RR, SS, TT, UU, VV, WW) 18
89. During this corresponding my Mother was advised by the Commissioner of Crown Lands that he intended to call a general public meeting at which the donated portion, the site as a whole, and the aspects of future utilization would be discussed. At this point it seems that my Mother s efforts on behalf of her Father and Uncles ended as I cannot locate any other correspondence between her and the Crown. What is clear to me though is that she had provided to the Crown details that enabled them to consult with the correct people in relation to the disposal of the school site, however the Crown wrongly chose another pathway to the disposal of the site. 1978 meeting 90. On the 8 April 1978 Government officials called a meeting of people at Kokohuia Marae, Opononi to discuss the future of the Pākanae school site. 37 91. Along our research journey we have come across a submission to the Māori Land Court prepared in 1983 by a Mr Young of the Department of Lands and Survey. In this report Mr Young provides a background to the acquisition of the lands for the school site. 38 92. With this submission is an attendance list and minutes of the 1978 meeting. 39 The attendance list shows my Grandfather, his brother Simon Iehu, and my Mother as being present, along with my Grandmother. There are some questions over the details provided about this meeting, including the following: a. The minutes recorded that prior to this meeting another meeting had been held by the concerned people themselves and they had agreed to a proposal that if the donated areas were sold to, or compensated for, by the Government any 37 KH MB Vol 12/Fol 369-375, submission of Bruce Young, Department of Lands & Survey. (see Appendix XX) 38 KH MB Vol 12/Fol 369-375, submission of Bruce Young, Department of Lands & Survey. (see Appendix YY) 39 KH MB Vol 12/Fol 369-375, submission of Bruce Young, Department of Lands & Survey.(see Appendix ZZ, AAA, BBB) 19
proceeds would go to the Pākanae Marae Trustees for use in conjunction with the Marae. There is no record of this prior meeting, so we have no details of who was involved or the nature of the discussions. b. The minutes record that Mr Young gave a history of the establishment of the school and how the site was acquired by the Education Board. Mr Young s history begins in 1909 with settlers and residents advocating for a school, and the site being acquired by the Education Board from the Land Board in 1910 for the sum of 7.10. There is no mention of the land being originally provided by our tūpuna in 1908. c. The minutes don t show my Grandfather, Uncle Simon or Mother as having spoken. I also don t remember anyone talking about going to that meeting. I rely solely on the attendance list to verify they were present. This being said the attendance list does not have a date, location or title of the meeting on it and could very well be for a different hui altogether. 93. At the 1978 meeting there were kaumatua present including Bill Te Whata who was my Grandfathers Uncle my Grandfather had a great deal of respect for him. I have thought that perhaps my Grandfather may, out of respect for his Uncle Bill, not have said anything - he may have deferred to his Uncle. 94. I believe that my Mother would have had an underlying thinking that the land first and foremost should have been returned to the descendants of the original owners, and then have discussions about what might happen in terms of the wider community. I believe she would have had this in mind when she attended the meeting. 95. It seems that the meeting in 1978 was driven and structured by the Crown it seemed that they steered it in a certain direction by making suggestions about what should be done rather than presenting the details, then allowing discussion and any subsequent decision making, free of their influence. 20
96. It is important to mention that at the 1978 meeting the Crown agents provided incomplete information to those attending. Critically, there was no information provided about the actions of our tūpuna in 1908 in originally providing the land for the school site. If their research had been more thorough, they would have correctly established that it was our tūpuna who originally provided the land and they would have dealt with just their direct descendants, rather than the wider hapu and community. 97. I believe that if the hapu members who attended the 1978 meeting had known the correct details regarding the history of the school lands they would have approached the matter quite differently, and sought the return of the site to the proper descendants. 98. However, at the conclusion of that meeting recommendations were made that had no acknowledgement of the actions of our tūpuna in providing the lands for the school site, and the school site was subsequently lost to private ownership. Youth Hostel Association 99. On the 24 th January 1985 the sale of the school site to the Youth Hostel was made by way of deferred payment. The site was now known as Section 50 Block VI Hokianga Survey District. 40 100. Once the Youth Hostel had title to the land they continued using it for some time then that use eventually stopped. Sometime after that part of the buildings were damaged by fire. The Youth Hostel then offered the land and burnt building to our whānau shortly thereafter to purchase. The youth hostel caretaker was my Uncles ex-wife which is how the Youth Hostel 40 Department of Lands & Survey, Reference: DPU 6929. (see Appendix CCC, DDD, EEE, FFF) 21
came to understand the connections our whānau had to the school site. It was due to this personal connection that an offer was made to our whānau. 101. When the fire happened and the Youth Hostel wanted to sell the property it created a lot of discussion and tension amongst our whānau. Some whānau wanted to buy and some questioned why we had to purchase our own land - we saw it as trampling over the mana of our tūpuna. Subsequently, one of my cousins did buy the site from the Youth Hostel, and he carried out repairs, and lived there for a number of years before eventually selling it to the current owner. This whole situation created tensions amongst some of the whānau and for me it is something that could have been avoided many years before had the Crown used the correct information and acted properly by returning the land to the rightful people. Effects and Implications 102. Through the actions of the Crown and Crown agencies there has been a clear loss of land, and to some extent a loss of connection to the histories and korero of our tūpuna. The official record is incomplete for all intents and purposes the school site began when it was acquired by the Tai Tokerau District Māori Land Board, and then transferred to the Education Board. 103. The record is bereft of any reference to the 1908 letter from our tūpuna providing the land for the school site, and as time has passed, that omission has proven costly and been perpetuated by Crown agency actions that have rendered our tūpuna practically invisible. According to the official history of how the school site came into being, our tūpuna played no part. 104. My Mother s attempts to engage the Crown on behalf of her father and Uncles once the school site closed were frustrated as the Crown had parallel conversations with the Youth Hostel about use of the site, and also pursued full acquisition of the site itself. With that sort of approach from the Crown, it is difficult to see how my Mother could have been successful. 22
Remedies 105. We request an apology for the various Crown breaches against the Treaty. 106. Correction of the history of the Pākanae school site and acknowledgement of our tūpuna s involvement in the establishment of the school. 107. We seek the return of our lands used for the Pākanae school site and teachers residence. This includes lands currently in Crown ownership, including part Pākanae No 2, 2Y and 2Y3. 108. Compensation regarding the loss of economic opportunity after the school closed down and the school was leased to the Youth Hostel Association. Dated this 25 th day of July 2016 WARREN MOETARA TO: The Registrar, Waitangi Tribunal; Crown Law Office; and those on the notification list for Wai 1040 Inquiry. 23