The chapter is divided into three sections. The first section outlines the initial endeavours of Te Moananui’s relatives to have the sales of Lots 12, 13 and 14 reconsidered by the government. The evidence from the hearing, is, for the most part, presented verbatim in the second part of the chapter. The final section considers the issues arising from the hearing.

4.2 The succession case: general background

The appointment of successors to Te Moananui Maraki was one of the earliest tasks taken up by the Native Land Court at Tauranga, which began operating in a limited fashion in the district. On the surface, there seemed to be no need for a succession hearing, as Te Moananui, before his death, had sold all the reserves he had been allocated apart from Ahipatiki. However, the hearing was not the first attempt redress had been sought by the relatives of Te Moananui. Before applying for the hearing, Gill’s purchases had been contested by Te Moananui’s relatives in several petitions for a number of reasons. Ngarae’s daughter, Ani Ngarae, had presented two petitions to Parliament – one in 1876, the other in 1878 – and while the Native Affairs Committee, which heard the petition, responded positively, its recommendations were not carried out.³

The government was petitioned for two reasons. Firstly, Te Moananui did not have the right to part with the lands by himself. In the opinion of the petitioners, the lands had been awarded to Te Moananui and his sister Ngarae, on behalf of their hapu. Te Moananui, therefore, ought to have consulted with members of the hapu before selling the land. Secondly, Ngarae had died before Gill had purchased the reserves, but her successors were neither appointed nor, like the rest of the hapu, consulted about the purchase.

² This author has been unable ascertain whether this Ngatimura is a hapu name no longer in use, or a mishearing of Ngati Manx. For this reason, ‘Ngatimura’ or, alternatively, ‘Ngati Mura’, have been cited, just as they appear in the Court minutes.

³ See Vincent O’Malley, ‘The Aftermath of the Tauranga Raupatu, 1864-1981’, Crown Forestry Rental Trust, June 1995, Appendix 1, pp. 204, 205 and ‘Reports of the Native Affairs Committee’, Appendices to the Journal of the House of Representatives (AJHR) 1878, 1-3, p. 6.