The story of the Māwhera Incorporation

At the end of the 18^th century, after prolonged battles with the resident Kāti Wairaki on the Tai Poutini, and the Tumatakokiri of Te Tau Ihu, Kai Tahu gained, by conquest and occupation, Mana whenua of Te Tai Poutini.
By the principles of Te Tiriti o Waitangi (the Treaty of Waitangi), signed by rakatira Māori of Aotearoa and the Queen of the United Kingdom of Great Britain and Ireland on 6 February 1840, Māori ownership of land was further reinforced and recognised by:

… the full exclusive and undisturbed possession of their lands and estates, forests, fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession: but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Pre-emption over such lands as the proprietors thereof may be disposed to alienate…
Even before the signing of the Treaty, Native Title had a bearing on any land sales, as explained by Sir William Martin, the first Chief Justice of New Zealand –

… so far as yet appears, the whole surface of these Islands or as much of it as is of any value to man, has been appropriated by the Native, and with the exception of the part which they have sold, is held by them as property…”  (An Epitome of Official Documents Relative to Native Affairs and Land Purchases in the North Island of New Zealand, 1846, p.3)

In 1858-59 the Crown began negotiations with the resident Kāi Tahu for the purchase of Te Tai Poutini. The land under discussion stretched from Kahuraki in the north, down the sea coast to Piopiotahi in the south, inland to Taumaro mauka, north along Ka Tiritiri o te Moana to the source of the Taramakau, east to Whakarewa mauka, north to Mount Arthur then north-west back to Kahuraki.

As part of this process Kāi Tahu negotiated for areas of land to be set aside for their own use.  Altogether some 58 reserves (10,224 acres) were negotiated for that purpose and were exempted from the purchase. These became known as Native Reserves. The bed of the Arahura River, an important source of Pounamu for Kāi Tahu, was also exempted from the purchase.

The remaining lands of Te Tai Poutini came under the Arahura Deed of Purchase, signed on 21 May 1860 at Māwhera Pā by Kāi Tahu Rakatira and the Crown, represented by Government agent James MacKay.
After gold nugget locations were shown to Pākēhā explorers and surveyors in the late 1850’s and gold being mined by Haimona and Hamuera at Greenstone Creek, a tributary of the Taramakau Awa in 1864, these disclosures launched a frenzied influx of people from around the world. Land on the 202-hectare (500-acre) Māwhera Reserve on the south bank of the mouth of the Mawheranui Awa was keenly sought after by the burgeoning population of commercial traders and Kāi Tahu owners, through their Rakatira, began renting out areas of the land to meet the demand.

Confusion followed. No surveys of sections or streets existed and some areas of land were found to be rented out to more than one tenant. Incidents of encroachment on other tenants’ lands became increasingly common. Sent by the Government to rectify the situation, Commissioner Alexander MacKay found some tenants had paid rent in advance, others had obtained what they considered rights of renewal while others again were squatting on the river frontage under supposed leases from the owners. To create a semblance of order certain reserves, with the consent of the owners, were brought under the jurisdiction of the Native Reserves Act of 1856.

Under this Act leases were able to be issued legally, so quelling the prevailing state of chaos. Although the Act did allow for the sale of land or lease, tenants had no right of renewal and no improvements were able to be erected on their leaseholds.  By the 1879 Young Commission the Reserves were allocated to individual owners.
In 1882 the Native Reserves Act vested the management of the reserves in the Public Trustee. Under the provisions of this Act leases could be issued for 30 years for agricultural or mining purposes and a maximum of 63 years – in 21-year terms – for building purposes.

The following year the South Island Native Reserves Act allowed for compensation for improvements made to leased lands, to be paid to tenants on the expiry of their leases.

In 1885 the Kenrick Commission was set up to enquire into the terms and conditions of land tenure in regard to the Greymouth reserves. Later that year, in a bid to prevent the potential sale of leased lands, the landowners wrote to Native Minister John Balance, proposing that leases be renewed for 63 years and, when that term expired, “a further renewal of sixty-three years be granted”.

The Westland and Nelson Native Reserves Act of 1887 set a 21-year lease for reserve lands with a perpetual right of renewal. Under this Act any improvements to the land were to be valued on the expiration of all leases and sub-leases. Any dispute over the value of the improvements would be settled by arbitration. The lease would then be put up for sale by auction or tender.

This system did not work well for the landowners because of a difference of opinion over the value of improvements, which tended to be over-valued by the lessee. Rentals were fixed and the value of improvements pre-determined.

Debate over reserve lands continued and in 1886 the Public Trustee sought the assistance of MP Henry Bunny to find a solution to the tenure problem. The landowners were determined to retain ownership of the land, hence their support for the 63-plus-63 year lease term. The lessees, however, were equally determined and in 1909 Greymouth Mayor Felix Campbell presented a 476-strong petition asking that lessees be allowed to freehold their sections. In the proceedings before the Native Affairs Committee the owners remained strongly opposed to the conversion of the land from leasehold to freehold.

In 1922 the Greymouth Native Reserve Bill was drafted. In its preamble it cited that “…provision be made authorising the sale or other disposal of the said reserve…” Clause 3 of the Bill empowered the Native Trustee to sell the reserve or any part of it by public auction or private contract. The Bill was introduced into Parliament but was dropped.

In 1928 the freeholding question was revived. The Deputy Māori Trustee convened meetings in Kaiapoi (13 June) and Hokitika (15 June) to consider again the question of land sales. Attendees voted 2 to 1 against the sale of reserve lands.

Two years after the Māori Affairs Act, the Māori Reserved Land Act 1955 imposed a system of perpetual leasehold with a 21-year rent review. Rents were set at 4 percent of the unimproved value of urban land and 5 percent of the unimproved value of rural land.

In 1967 the Māori Affairs Amendment Act gave lessees the opportunity to purchase the freehold of their leased land. In response to the passing of this Act, owners of Māori reserved land complained to the Government about the administration of the reserves. The Government decided the matter warranted further investigation and, in 1973, the Royal Commission of Inquiry into Māori Reserved Land was established to consider a range of issues relating to lands administered by the Māori Trustee under the Māori Reserved Land Act of 1955.
The Commission recommended that certain Tai Poutini reserves be constituted by statute as a Māori incorporation under Part IV of the Māori Affairs Amendment Act 1967.

Then Minister of Māori Affairs, the Honourable Matiu Rata, said that the Government would not implement the recommendations of the Commission “unless the owners wanted such” (interview with James Russell, 1975).
On 29 April 1975 the Arahura Māori Kōmiti wrote to the Minister requesting that the Commission’s recommendations be made law. The Minister replied that, “it may be some time before Government is in a position to introduce suitable legislation”.

Again the Komiti, with support from Ngāi Tahu Māori Trust Board chairman Frank Winter, lobbied the Minister to implement the Commission’s recommendations.

By this time the Government was keen to hear the views of Tai Poutini reserve owners on the Commission’s recommendations regarding the administration of the Reserves. On 16-17 August 1975, two hui were held, one in Christchurch and Hokitika respectively. Both hui decided that the Tai Poutini lands be incorporated as recommended by the Commission.

The name of Māwhera for the Incorporation was raised and agreed to at both hui.

On 17 May 1976, the Governor General issued an Order in Council, the Māwhera Incorporation Order 1976. The Order listed a Schedule of lands to be transferred to the Incorporation, ruling that the Registrar of the Māori Land Court at Christchurch should prepare a list of shareholders showing the number of shares allocated to each shareholder.

On 1 December 1976, the secretary of the Māwhera Incorporation received a Handing Over Statement from the Office of the Māori Trustee.

On 14 December 1976 the Māori Land Court approved the personnel for the first Committee of Management. These were:
Stephen Gerard O’Regan (Chair)
Riki Te Mairiki Ellison (Deputy Chair)
Albany Harry Tainui
Maurice Huru August Pohio
Eli Tihou Weepu
Dudley Ian Sinclair
Terry Ryan

Under the Māori Purposes Act 1976 the Government vested the bed of the Arahura River into the Māwhera Incorporation.