all persons affected by the taking of the said land or by the taking of the said easement should, if they have any well-grounded objections to the taking of such land or to the taking of such easement, set forth the same in writing, and send such writing, within forty days from the first publication of this notice, to the Minister of Works at Wellington.
Section 22 of the Public Works Act 1928 laid out the procedure to be followed to notify the owners of an intention to acquire the land. A plan, which included the names of the owners and occupiers of the affected land, was to be lodged in a public place, and a Notice of Intention was to be published in the New Zealand Gazette and local newspapers. Written objections had to be lodged within 40 days from the first publication. While these requirements were clearly followed to acquire the quarry site, section 22 also specified that notice should be served on all owners of the land. However, this requirement could be avoided in the case of Maori freehold land, if the owners of the block were not registered under the Land Transfer Act (i.e., on a land transfer certificate of title rather than only on the Maori Land Court title). In such cases it was sufficient for the Notice of Intention to be published in the Gazette (section 22(4)). In the absence of departmental files it is uncertain whether any attempt was made by the Public Works Department to notify the owners of the proposed takings, either directly or through the Maori Land Court or Maori Land Board. Even if some of the owners had been notified, it is possible that they may have felt powerless to object to the taking. This was expressed by Turi te Kani in 1984 who said:
the owners’ forefathers were under the impression that nothing could be done against the Public Works Act…32
Four months after the Notice of Intention was issued, the land was proclaimed as taken on 30 March 1946. The Gazette notice was to take effect from 8 April 1946. As well as acquiring the land for the quarry, it spelt out the rights vested in the Crown over the easement land:
full and free liberty, right, license, and authority in perpetuity to construct and use a right-of-way, with the right for His Majesty’s servants, agents, and workmen from time to time and at all times hereafter to go, pass, and repass with or without horses or other animals or vehicles over the said land, and to maintain, repair, and keep open the said right-of-way for the purpose of providing access to the said quarry.33
Under section 104 of the Public Works Act 1928 the compensation to be paid for Maori land taken for public works was to be assessed by the Maori Land Court. The first time the application for assessment of compensation came before the court, the application was adjourned by the Crown with the agreement of the solicitor for the owners, Mr Cooney.34 The application may have been adjourned to allow for a valuation to be prepared.
32 Minutes of a Special Meeting, 19 November 1984, 8320-14 Tauranga District Council [pp 53-58]
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