The Crown ignored Tareha's advice and established a Mohaka-Waikare deed with new owners in 1870.
By then, the Crown had alienated most of Tareha's land at Heretaunga and Ahuriri. This, coupled with rewarding his military service, motivated the Crown to grant huge portions of the Mohaka-Waikare district to Tareha. He was solely awarded the 31,000 acre Kaiwaka block and listed as an owner in seven other Mohaka-Waikare blocks.
The Crown-initiated grant spread into a bitter, intergenerational, iwi vs iwi legal feud of epic proportions. The customary land owners prosecuted their case in every possible jurisdiction: the Native Land Court, the Court of Appeal, and the Supreme Court over a 30-plus-year period.
In 1901, it became the first iwi vs iwi court case in Britain's Privy Council (Te Teira Te Paea vs Te Roera Tareha).
The facts of the case turned on a single question: Was Tareha granted the Kaiwaka block as a trustee for the appellants or as sole owner?
Before Tareha's death in 1880, there is evidence he assigned rental income from the block to the customary owners. After his death, there is a clear shift in the tone and attitude from the heirs of his will. In his will, Tareha left Kaiwaka to his four children, Te Roera, Kurupo, Hineaiia and Kawekirangi and a 'grand-niece and nephew', Airini and Whitiwhiti.
Succession orders were granted to Tareha's relatives in 1895. But, by then, a lasting dispute had developed between his relatives and the block's customary owners.
Through land petitions, parliamentary inquiries and judicial hearings, the litigants' positions are clear: The customary owners view was that Tareha had 'no claim to the land, either by his ancestry, continual occupation, or cultivation'.
The defendants, Te Roera Tareha and Airini Donnelly, argued that Tareha was the sole beneficial owner and that he and his heirs held Kaiwaka, 'unfettered by any trust express or constructive whatever'. Every court found in favour of the defendants based on the Crown's original confiscation ruling.
In teaching young New Zealanders, the new curriculum, how we tell stories is as important as what we tell. The Crown Mohaka-Waikare confiscation caused a rupture in inter-iwi relations that rippled across generations; only a careful account can heal those wounds. The strands of the past must become the ties that bind, not divide.
* This opinion piece is the second of three pieces on the subject by Ngāti Pārau historian Mat Mullany.