I am of opinion that it would be very inexpedient to remove the proclamation. The Government have paid a large sum of money on the Piako Block, I believe about £17,000, and the matter should be dealt with as a whole. I think the time has arrived when this can be conveniently done, and should be attended to without delay.10
The Native Minister, Bryce, agreed.
In December 1882 Hohaia Ngahiwi asked again that the Proclamation be lifted over Whareroa, because the land of his people had never had advances paid on it.11 But he was told that until the advances were recovered, or until the Court awarded the Crown an equivalent in land, the Proclamation could not be lifted.12
Investigation of Title
When surveyed, Hoe o Tainui was given an area of 20,420 acres.13
During 1890 Hoe o Tainui was the subject of an extensive debate before and investigation by the Native Land Court.14 The two protagonists were Ngati Paoa and Ngati Haua, though larger forces were at work, as Ngati Haua were aligned with the Maori King, Tawhiao, and the Native Land Court was seen as representing the Crown's authority. The effect of the Court hearing, some 3 or 4 months long, was to place Ngati Paoa in heavy debt even before the costs of the survey of the partitions of the block were added in. This indebtedness was to be a constant factor in Ngati Paoa's dealings with the Crown over the next 10 years.
The Court gave its judgement in September 1890.
It is claimed by N' Hua that none of the N' Paoa hapu lived on this land until the year 1878, and that they came there then only by reason of the wish of Tarapipipi to have all N' Paoa collected together on his land, to enable them to carry out the regulations laid down by Tawhiao for the guidance of those tribes acknowledging his leadership. Many acts of proprietorship, both on this and the neighbouring land west of the confiscated boundary, which at one time formed part of the block before the Court, are asserted to have been made by the N' Hua, and continuous residence up to the tim of the Ngapuhi invasion about 182o is claimed; and also that after the battle of Taumatawiwi in 183o N' Hua returned to the land and occupied till a very recent period, even after the Waikato war; whilst the various settlements occupied, the cultivations used, the burial places of the dead, and many other marks of occupation are pointed out.
Piripi Whanatangi and others also, about the year 1878 on the occasion of the sale to the Government of the neighbouring block of Maukoro by N' Paoa, made a part survey of that part of the block which they claim, and were only induced to desist from completing it by Tiwai and Tukorehu, who persuaded them to leave the land under Tawhiao's mana, that is as a temporary residence for Tawhiao's adherents.
These statements are specifically denied by Wini Kerei [for Ngati Paoa], who states that [no conquest occurred in pre-European times]; that neither N' Hua or any other of the Waikato tribes ever lived on this land either before the Ngapuhi invasion or after it, except for a short
File note by F Whitaker, 12 November 1880, on cover sheet to file NLP 1880/679. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.885-887.
11 Hohaia Ngahiwi and others, Cambridge, to Native Minister, 4 December 1882. Maori Affairs Head Office file MLP 2892/8. Supporting Papers #B74.767-768.
12 Under Secretary Native Land Purchase Department to Hohaia Ngahiwi and others, Cambridge, io January 1883, on cover sheet to file NO 1883/34. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.768.
13 Hamilton Maori Land plan 622,9. Supporting Papers #N188.
14 Hauraki Minute Book 24 pages 76, 8o-86, 91-133, 137-160, 172-181, 185-198, 211-270, 272-331 and 339-382, and Hauraki Minute Book 25 pages 1-9,12, 22-73, 78 and 90-102.
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