25. In her report Gillingham states that the lands awarded to Ngäti Te Pukuohäkoma on the Te Puke side were in compensation for lands confiscated, and therefore Ngäti Te Pukuohäkoma do not have any traditional interests in the Te Puke block. While we support her report as a whole, we differ on this point Ngäti Te Pukuohäkoma do assert customary interests in the Te Puke Block. We think that Gillingham has based her view on an interpretation of Judges Symond’s judgement for the Te Puke Block in 1878, where he states,

The evidence in this case shows that a large portion of the Waitaha estate in the Otawa block belonging to Pukuohäkoma was forfeited on account of Hakaraia’s rebellion against the Government. He was the father of Hakaraia Tipene the present claimant. And as the boundary of the Pukuohäkoma land has been indefinitely shown the Court thinks it but reasonable that Ihaka Te Hiwi and his nearest relations should be admitted⁷.

26. Ngäti Te Pukuohäkoma firmly believe we hold customary interests in the Te Puke Block (along with other hapü) for the following reasons:

26.1 Iwikorokë provided his brother Pukuohäkoma with interests in his estate. As is commonly known by Waitaha and Tauranga tribal historians, and indeed the Tribunal, Iwikoroke’s interests are on the Te Puke side of the Ötawa range. While much of Pukuohäkoma’s estate straddles the confiscation line, Pukuohäkoma certainly had interests in Te Puke.

26.2 Negotiations for the Te Puke block began some year s prior to the Court sitting mentioned previously, where Ngäti Te Pukuohäkoma, Waitaha and Ngäti Rereämanu were acknowledged as the rightful owners of the Te Puke block⁸. Gillingham notes that, Te Wärena (Wi Wärena Mokopapaki) of Ngäti Te Pukuohäkoma received the sum of 250 pounds as a down payment on their interests. Hakaraia also received 100 pounds in the same month.⁹

26.3 Gillingham’s research shows that Ngäti Te Pukuohäkoma were living with Hakaraia at Te Puke.¹⁰

26.4 Gillingham also states that Ngäti Te Pukuohäkoma occupied their lands to the west of the Raparapahoe river. These lands include land both within the CNI Inquiry District and within the Tauranga Raupatu Inquiry district. The lands include part of the Te Puke block.

26.5 Last of all, Ngäti Te Pukuohäkoma cannot see how the 87 acre reserve in the Te Puke Block is by any means adequate compensation for thousands of acres of land lost in Tauranga.

⁷ Maketü Minute Book 3, p346, 5 November, 1878.

⁸ Gillingham, February 2001, p89

⁹ Gillingham, February 2001, p96

¹⁰ Maketü Minute Book 3, 17 October 1878, p256