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New Zealand Land Commission

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The New Zealand Land Commission was a 19th-century government inquiry into the validity of claims to land purchases by European settlers from the New Zealand Māori people made prior to 1840, when New Zealand was part of the Australian colony of New South Wales . The inquiry was designed to determine who owned what land, in order to formalise and regulate land ownership in the new colony. The commission carried out its work in two distinct sections—a three-man inquiry to examine purchases in general throughout New Zealand, and a one-man inquiry run by English lawyer William Spain to investigate just those purchases claimed by the New Zealand Company . The commissions were to advise the Governor of which claims were accepted, with the expectation that landowners would then be awarded a Crown grant to their property.

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121-480: The first inquiry ran from January 1841 to September 1844, and investigated more than 1000 claims throughout the country, with the majority of them in the Bay of Islands , Auckland and Kaipara regions. It allowed just under half of those claims, although concerns remained that in many cases there were doubts that Māori who had sold land had the right to do so. Spain conducted his hearings between May 1842 and August 1844 in

242-561: A separate colony , their powers were transferred to a New Zealand statute. They continued through to September 1844, holding a total of 1049 inquiries into land sales, most of them in the Bay of Islands , Auckland and Kaipara regions, as well as Waikato and North Taranaki . In 1843 hearings were also conducted in the South Island and Stewart Island , examining purchases in Banks Peninsula and Otago . The commissioners found that

363-613: A 340-strong military force into the valley. Tensions continued to escalate, culminating in the outbreak of the war known as the Hutt Valley Campaign , which lasted from March to August. Ngāti Toa chief Te Rauparaha , who Grey suspected was behind the Māori resistance, was captured in July and kept prisoner for 18 months. In April 1847 Grey also used British military forces at Wanganui to crush Māori resistance to European occupation. In May 1848

484-510: A Taranaki sale deed with a company representative at Queen Charlotte Sound in November 1839, sent a petition to FitzRoy protesting that it was wrong for the Europeans to take lands, particularly at Waitara, which Māori had never sold. In early July FitzRoy despatched Protector of Aborigines Donald McLean to Taranaki to placate the Māori and on 2 August arrived there himself to plead for peace. He told

605-500: A Tawhiki ( Foveaux Strait ) to the South Island where the cousin lived, only to discover she had recently married. He blushed with embarrassment; so the island was called Te Ura o Te Rakitamau. Margaret Cameron-Ash claims that James Cook established the insularity of Stewart Island during his first Pacific voyage in 1770 but decided to hide his discovery for reasons of military and colonial policy. However, G. A. Mawer argues that Cook

726-400: A crowd of 300 the next day that he did not agree with Spain's dismissal of the absentees' claims, and expressed his empathy for those whose land had been sold after they had been carried off by a war party as a slave. FitzRoy returned to New Plymouth in early October 1844 and confirmed that he had overturned Spain's judgment, declaring that all the awarded land would have to be repurchased from

847-555: A deputation to Spain—who had by then opted to suspend hearings and move on to investigate the Taranaki claims—accusing him of colluding with the company to delay payments. Acting governor Shortland demanded that Wakefield state definitively if the company would pay or not, and Wakefield—possibly spurred into action by the shock of the explosion of violence in the Wairau Affray in June, sparked by

968-528: A key witness, Dicky Barrett , who had acted as interpreter in the Port Nicholson sale, concluding he had barely understood the terms of the sale, let alone had the ability to translate it accurately; nor had he explained to Wakefield the political undercurrents of the sale. In January 1843 acting Governor Willoughby Shortland advised both Spain and Wakefield he approved of the plan to compensate Māori for land that had not been properly alienated; from that point

1089-414: A land claim there—relented and agreed to continue negotiations. The company, however, continued to state that all pā, cultivations and burial grounds should be included in any settlements. Knowing a proper resolution was impossible, Spain closed correspondence and in late August returned to Auckland, where he prepared a report for new Governor Robert FitzRoy on his work to date. Spain reported that most of

1210-647: A large crowd of Māori and Europeans. He ruled that the company was entitled to the 60,000 acres it claimed, with the exception of Māori pā, burial grounds and cultivations and 6000 acres of reserves, and two other sections reserved for Dicky Barrett and the Wesleyan Missionary Society. In his report Spain said the Taranaki purchase was the only one by the New Zealand Company in which the deed had been explained properly and an adequate payment made—even though he had earlier found Barrett's interpretations of

1331-446: A licence was granted to Amphibian Airways to operate an air service between Invercargill and Stewart Island. In December 1950, finance was being sought for the purchase of a Grumman Widgeon amphibious aircraft . The inaugural flight to Half Moon Bay was made on 20 March 1951, with plans for a weekly service. In 1976, Stewart Island Air Services took over an amphibian air service to Stewart Island that had previously been operated by

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1452-467: A most dangerous doctrine, calculated to throw doubts upon almost every European title to land in this country." Spain, however, ignored the fact that it was only the presence of European settlers that provided the security for them to return. His view was strongly opposed by both his assistants, George Clarke and Thomas Forsaith , a Māori interpreter and Protector of Aborigines. Spain closed his court on 6 June and announced his decision two days later before

1573-622: A new replacement vessel was planned. In the interim, the government ship Matai replaced the Wairua . By 1960, a new vessel to take over the Foveaux Strait service was under construction in Auckland. It was the largest ship to be constructed in New Zealand at that time, and was also named Wairua . The delivery voyage to Bluff was completed on 19 December 1961, and her first crossing of Foveaux Strait

1694-696: A place in the Māori homeland . The wider Bay of Islands area, including the plain surrounding Waimate North , is traditionally known as Taimai, a name shortened from the Ngāpuhi whakataukī (proverb) Ka kata ngā pūriri ō Taiamai ("the pūriri trees are laughing with joy"), a phrase used to express delight in the world, or to welcome an honoured guest. The bay's English name was given on 27 November 1769 by Captain James Cook during his first voyage , when Cook and his crew landed on Motuarohia Island . The bay itself

1815-754: A population density of 0.26 people per km . Stewart Island had a population of 408 at the 2018 New Zealand census , an increase of 30 people (7.9%) since the 2013 census , and an increase of 6 people (1.5%) since the 2006 census . There were 222 households, comprising 216 males and 195 females, giving a sex ratio of 1.11 males per female. The median age was 49.3 years (compared with 37.4 years nationally), with 54 people (13.2%) aged under 15 years, 57 (14.0%) aged 15 to 29, 204 (50.0%) aged 30 to 64, and 90 (22.1%) aged 65 or older. Ethnicities were 93.4% European/ Pākehā , 19.9% Māori , 1.5% Pasifika , 0.7% Asian , and 2.2% other ethnicities. People may identify with more than one ethnicity. The percentage of people born overseas

1936-408: A wide variety of goods including clothes, blankets, tools and guns. By early 1842 it was apparent to the commissioners that Māori who had accepted payment in money or goods had had no intention of total alienation of all the land within the vast general boundaries outlined in some of the deeds. Godfrey and Richmond had no hesitation in dismissing as utterly unintelligible, to Māori or European, some of

2057-495: A year. Owing to an anomaly in the magnetic latitude contours, this location is well-placed for observing Aurora australis . Approximately 18,000 years ago during the Last Glacial Maximum when sea levels were over 100 metres lower than present day levels, Stewart Island and its surrounding islands were connected to the rest of New Zealand. Sea levels began to rise 7,000 years ago, eventually separating Stewart Island from

2178-578: Is New Zealand 's third-largest island, located 30 kilometres (16 nautical miles) south of the South Island , across Foveaux Strait . It is a roughly triangular island with a total land area of 1,746 km (674 sq mi). Its 164-kilometre (102 mi) coastline is deeply indented by Paterson Inlet (east), Port Pegasus (south), and Mason Bay (west). The island is generally hilly (rising to 980 metres or 3,220 feet at Mount Anglem ) and densely forested. Flightless birds , including penguins, thrive because there are few introduced predators. Almost all

2299-472: Is about 85% of the area of Stewart Island / Rakiura. The area of the park excludes the township around Halfmoon Bay ( Oban ) and some roads as well as private or Māori-owned land further inland. Stewart Island covers 1,747.72 km (674.80 sq mi) including the offshore islands, the most sizeable being Ruapuke Island , Codfish Island / Whenua Hou and Taukihepa / Big South Cape Island . It had an estimated population of 460 as of June 2024, with

2420-418: Is an irregularly-shaped 16 km (10 mi)-wide, 260 km (100 sq mi) drowned valley system and a natural harbour. It contains 144 islands, of which the largest is Urupukapuka , and numerous peninsulas and inlets. The three largest inlets are Waikare Inlet in the south, and Kerikeri and Te Puna (Mangonui) inlets in the north-west. The Purerua Peninsula , north of Te Puna Inlet, separates

2541-550: Is composed of Anglem Complex diorites, minor gabbro and granite, and many pegmatites. The Freshwater Valley Fault in between is mainly alluvium and volcanic sediments. In January 2019, Stewart Island was accredited as a Dark Sky Sanctuary by the International Dark-Sky Association . This designation is given for sites in very remote locations to increase awareness of their dark sky characteristics and promote long-term conservation. The application for accreditation

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2662-484: Is dominated by the swampy valley of the Freshwater River . The river rises close to the northwestern coast and flows southeastwards into the large indentation of Paterson Inlet . The highest peak is Mount Anglem (980 metres (3,220 ft)), close to the northern coast. It is one of a rim of ridges that surround Freshwater Valley. The southern half is more uniformly undulating, rising to a ridge that runs south from

2783-452: Is similarly preserved. Stewart Island is the sole remaining breeding place of the critically endangered southern New Zealand dotterel . The South Island giant moa ( Dinornis robustus ) occurred on the island, subfossil remains having been retrieved in its dunes. As the island has always been sparsely populated and there has never been very much logging, much of the original wildlife is intact, including species that have been devastated on

2904-518: Is still, in the majority of cases, quite a matter of doubt." Fisher resigned from the commission on 25 June 1841 after being provisionally appointed as Attorney-General ; in July 1843 Richmond also left when he was appointed Chief Police Magistrate of the Southern District. Spain had worked as an attorney in London before his appointment as New Zealand Land Commissioner and was an active supporter of

3025-449: Is the abbreviated version of Te Rakiura a Te Rakitamau, translated as "great blush of Rakitamau", in reference to the latter's embarrassment when refused the hand in marriage of not one but two daughters of an island chief. According to Māori legend, a chief on the island named Te Rakitamau was married to a young woman who became terminally ill and implored him to marry her cousin after she died. Te Rakitamau paddled across Te Moana Tapokopoko

3146-511: The Awarua took place on 10 March 1885, and a weekly service to Steward Island commenced. A government subsidy was required to support the service, but it brought economic benefit by supporting the development of the fishing industry based on Stewart Island and increased the number of visitors. Many different vessels were used by the Bluff Harbour Board on the Foveaux Strait ferry service in

3267-572: The Hutt Valley . Although rebuffed, Spain and Clarke would not accept the Māoris' refusal, deciding that the Port Nicholson area had to be completely ceded and that compensation money would simply be banked for later use by Ngāti Toa. In a letter to Te Rauparaha Spain cited Emer de Vattel 's work, Law of Nations , to explain that a civilised nation had the right to occupy a country or continent occupied by "erratic" people who were not making productive use of

3388-643: The Liberal Party . George Clarke Jnr , a clerk in the Native Department who served as a translator during the land claim commission hearings, described him as "a man of solid intelligence, but with a good deal of legal pedantry about him. He was somewhat slow in thinking, very wooden in his apprehension of ways of dealing with new emergencies, steady and rather plodding in his ways, thoroughly honest in intention, and utterly immovable in threats, though he may have been softened by flattery." His appointment followed

3509-609: The Mount Cook Group . In 1980, Stewart Island Air Services rebranded as Southern Air. By 1980, a sealed airstrip had been built at Ryan's Creek above Oban, and services from Invercargill were provided using Nomad and Britten-Norman Islander aircraft. Southern Air rebranded to Stewart Island Flights in 2020. In 1998 a Southern Air Cessna ditched into Foveaux Strait on a trip from Stewart Island to Invercargill after losing power to both engines, resulting in five deaths. Oban has mainly sealed main roads, and some gravel roads on

3630-587: The Shetland Islands settled in the early 1870s. This was unsuccessful, and the settlers left within one to two years, most for sawmilling villages elsewhere on the island. Geologically, Stewart Island is made up of rocks from the Median Batholith. The island is mostly composed of granite, particularly the southern two thirds of the island. The northern third (north of the Freshwater Valley Fault)

3751-797: The United States Exploring Expedition were present at the initial signing of the Treaty of Waitangi at Waitangi. In a 2006 study, the Bay of Islands was found to have the second bluest sky in the world, after Rio de Janeiro . A new fast boat manufactured by the Explore Group was introduced in the Bay of Islands in 2019 to take visitors to the Hole in the Rock at speed. The daily transport facility can seat up to 30 passengers and will ply several times during

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3872-524: The "actual occupation and enjoyment" of Māori, believing that uncultivated lands were not truly owned by Māori. Subsequently, where it was found sales had not been conducted properly Spain opted to transfer the land to Crown ownership rather than return it to the original Māori owners. In September 1842, after just three months of hearings, Spain ceased his exhaustive investigation into the background and validity of sales and switched his efforts to arbitrating amounts of compensation that would be paid to Māori for

3993-474: The 1856 Land Claims Settlement Act, the 1867 Land Claims Arbitration Act), another land commission running from 1857 to 1862 and headed by politician and former New Zealand Company agent Dillon Bell , land exchanges with Māori in order for them to abandon cultivations on Europeans' lands (the outcome of an investigation in 1847 by Lieutenant Colonel William Anson McCleverty , appointed by the Colonial Office),

4114-851: The British Crown , was first signed at Waitangi on 6 February 1840. Three months later New South Wales Governor George Gipps introduced to the New South Wales Legislative Council the New Zealand Land Claims Bill to establish a New Zealand Land Commission, which would investigate the validity of all purchases of land in New Zealand from Māori. The legislation was passed on 4 August 1840 and in late September Gipps appointed three commissioners—a lawyer, Francis Fisher, and two New South Wales military officers, retired colonel Edward Godfrey and Captain Mathew Richmond , who

4235-512: The British Government told the company that a commission would be set up to investigate all the company's New Zealand land titles, after which bona fide purchases would be confirmed with a Crown grant. British Colonial Secretary Lord John Russell selected Spain to fill the role of commissioner, to take effect from 20 January 1841, believing that having a British rather than a local government appointee would be seen as more impartial. Spain

4356-454: The Europeans were at fault for pressing ahead with efforts to survey the land rather than wait for Spain's investigation and adjudication. Because of those events, Spain's inquiry at Nelson did not begin until 19 August 1844. By then Wakefield had adopted a more conciliatory approach and had decided to pay Māori compensation where Spain decided it was necessary—in Port Nicholson, Wanganui and Manawatu—and also decided to abandon claim to any land in

4477-730: The Land Claims Ordinance authorised Spain only to "respectfully recommend" the payment of compensation, he told chiefs: "Your refusal to accept the payment will not prevent the land going to the Europeans." He awarded the company almost all it had claimed and held the money for it to be later claimed by Māori in those areas. Spain's most problematic inquiry was the one he conducted over the company's claims in Taranaki where, since 1842, Te Āti Awa Māori had been returning home in increasing numbers, after lengthy periods of captivity by Waikato and Ngāti Maniapoto iwi. Waikato raids had also forced other Taranaki Māori to migrate southwards between

4598-400: The Māori owners; if this was not done the government would not guarantee any settler a title for, or protection of, his land. FitzRoy later wrote: "It appeared so clear ... that the view taken by the land commissioner could not be adopted by the government without causing bloodshed, and the probable ruin of the settlement; because the injustice of awarding land to the New Zealand Company, which

4719-461: The Māori. The only lands he did not award, because of Māori resistance, were the Manawatu and Porirua districts. FitzRoy, in turn, issued only two Crown grants on the basis of Spain's awards—at Port Nicholson and Nelson—and he signed those in late July 1845. In a report to Colonial Secretary Lord Stanley FitzRoy noted that apart from the small 3600 acre block at New Plymouth, "all the other claims of

4840-469: The New Zealand Company reported on by Mr Commissioner Spain are disputed by the natives, and cannot be fully occupied by settlers ... until very large additional payments have been made". In every case where compensation had been awarded for the loss of Māori lands, it had been accepted reluctantly or refused. There was also confusion over the exact location of Māori reserves, and the complication of Māori continuing to cultivate and live on unoccupied land, which

4961-428: The Port Nicholson purchase deeds to be vastly inadequate. European settlers welcomed Spain's decision, but the Āti Awa immediately expressed anger and were restrained from destroying outlying settlers' property only with the assurance by Clarke that FitzRoy would listen to their appeals. Increasingly nervous settlers appealed to FitzRoy for military protection, while Āti Awa chiefs, including Wiremu Kīngi , who had signed

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5082-438: The Port Nicholson sale. William Wakefield, Jerningham Wakefield and two other company men gave evidence, as well as Te Puni , chief at Petone pā , who had taken a leading part in the sale. After three days William Wakefield, who presumed the hearings would be a mere formality, said he rested his case. Spain considered the case far from proven and asked Wakefield to produce more witnesses. The company produced Wi Tako Ngātata ,

5203-470: The South Island. Stewart Island is part of the Southland District for local government purposes. Archaeology indicates that the island was settled in the 14th century, shortly after the Māori settled in the South Island . The original Māori name, Te Punga o Te Waka a Māui , positions the island firmly at the heart of Māori mythology. Translated as "The Anchor Stone of Māui’s Canoe", it refers to

5324-486: The Taranaki claims and their relationship continued to deteriorate leading to mutual accusations to the Colonial Office and culminating in a demand by FitzRoy that Spain resign. After all his investigations Spain decided that the company had made valid purchases in only two of the areas it claimed: Manawatu and New Plymouth. Regardless of that, he awarded the company almost all the land it claimed and paid compensation to

5445-726: The Wairau Valley. After just two days of hearings Wakefield offered to pay £800 compensation to local Māori who had received no payment from Te Rauparaha and Te Rangihaeata in 1839. The money was paid and distributed at a final court session on 24 August and a deed of conveyance signed by the main chiefs of each district. Spain awarded the company title to 151,000 acres in the Tasman and Golden Bay area—11,000 acres at Whakatu , 38,000 acres at Waimea , 15,000 acres at Moutere , 42,000 acres at Motueka and 45,000 acres at Golden Bay, excluding pa, cultivations, burial grounds and reserves. The work of

5566-580: The Wanganui chiefs accepted the £1000 Spain had awarded them. Land claims continued to be investigated by the 1907 Houston inquiry, 1927 Sim Commission and 1948 Myers Surplus Land Commission. Bay of Islands The Bay of Islands is an area on the east coast of the Far North District of the North Island of New Zealand. It is one of the most popular fishing, sailing and tourist destinations in

5687-553: The area from 1847 to 1848. Attempts to make more purchases were abandoned in 1849 when it became clear his actions were sparking intertribal disputes. In February 1846 Grey visited the Hutt Valley and pressured Ngāti Tama chief Te Kaeaea (also known as Taringa Kuri) to abandon the land they were occupying there as well as extensive potato cultivations. Grey refused to compensate them for crops and houses, claiming their occupation had been illegal, and countered Māori resistance by sending

5808-480: The areas in which the New Zealand Company had bought land— Wellington and Porirua , Manawatu , Wanganui , Taranaki and Nelson . Spain initially encountered, but overcame, attempts by the New Zealand Company's principal agent, William Wakefield , to obstruct his work and finally concluded that the company had made valid purchases in only two of the areas it claimed—Manawatu and New Plymouth . Under instructions from London, Spain sought to identify lands that were in

5929-414: The balance, described as "waste land", to become Crown land . Historian Alan Ward noted: "Russell’s view that uncultivated lands were not truly owned by Māori, strongly influenced official attitudes at this time." Spain left London in mid-April, but suffered shipwreck on the voyage and did not arrive in New Zealand until 8 December 1841. Some confusion surrounded his role: Russell had intended that Spain be

6050-449: The chief executive of Real Journeys stated: "Not only are Stewart Island ferries completely unsubsidised but the Foveaux Strait is an extremely expensive piece of water to operate on commercially". Stewart Island Flights provides air services across Foveaux Strait between Invercargill Airport and Ryan's Creek Aerodrome on Stewart Island. Their aircraft also land on the sand at Mason Bay, Doughboy Bay, and West Ruggedy Beach. In 1950,

6171-564: The chief of Kumototo pā, whose evidence contradicted that of earlier witnesses. Realising the investigation would be a thorough one, Wakefield began a public campaign of obstruction and criticism, refusing to appear and causing delays for the hearings. A local newspaper, the New Zealand Gazette and Wellington Spectator , took up Wakefield's cause and for months criticised and ridiculed Spain, Clarke and Hobson. By late August Wakefield realised Spain's findings were likely to be unfavourable to

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6292-410: The claimants failed to appear at the hearings. The commissioners commonly reduced land boundaries or recommended the addition of Māori reserves. Chief Protector George Clarke noted that of the 490 claims the commissioners allowed: "All that has been ascertained is that various Europeans have made purchases from certain natives, but whether those natives had a right to sell or how that right was acquired,

6413-414: The claimants fell into four basic categories—speculators, church missionaries, settlers and derivative purchasers—with most sales made after 1836 and reaching a peak in 1839. The size of land purchases made by individuals ranged from small pieces of less than an acre to several tracts of over 1 million acres each, with Church Missionary Society purchases among the biggest. Payment had been made with cash and

6534-475: The coastal strip between Paritutu and Waitara , heightening tensions with settlers who attempted to clear and cultivate land for which they had paid the company. Te Āti Awa were prepared to accept the alienation of lands belonging to those present at the original sale but refused to give up any other ancestral land unless it was paid for. The company baulked at giving into such demands, and some settlers were consequently harassed or driven off their properties. From

6655-522: The commission had been robbed of its authority and stability. Spain's final area of inquiry was the Nelson area, including the Wairau Valley . The hearings had been scheduled to begin in June 1843 but were delayed by the violent clash in the Wairau Valley on 17 June in which 26 lives were lost. FitzRoy, who arrived in New Zealand about two months later, conducted his own inquiry into the affray and ruled that

6776-436: The company and wrote to the commissioner and offered to make cash payments to Māori who had missed out on payments in 1839. Spain had already come to the conclusion that Māori at Te Aro , Kumutoto, Pipitea and Kaiwharawhara pā had had no intention of selling their pā, cultivations and burial grounds and would not now move, and that reserves allotted them by the company, mainly on hilly ground, were unsuitable. Spain considered

6897-524: The company in September 1841. In that agreement the Crown indicated its acceptance of certain earlier land purchases—110,000 acres at Port Nicholson, Porirua and Manawatu, 50,000 acres at Wanganui and 50,000 acres (later lifted to 60,000 acres) at New Plymouth—with the guarantee conditional on the company proving it had fairly extinguished the Māori title. Spain's task, then, was to first establish who had actually held

7018-539: The country). Some of the islands became notable as well, such as Motu Apo (Te Pahi Island) where 60 of chief Te Pahi 's people were killed as revenge after he was wrongly accused of being responsible for the Boyd Massacre at Whangaroa . The first European to visit the area was Captain Cook , who named the region in 1769. The Bay of Islands was the first area in New Zealand to be settled by Europeans. Whalers arrived towards

7139-419: The country, and has been renowned internationally for its big-game fishing since American author Zane Grey publicised it in the 1930s. It is 60 km (37 mi) north-west of the city of Whangārei . Cape Reinga , at the northern tip of the country, is about 210 km (130 mi) by road further to the north-west. The bay is known in Māori as Tokerau, a name given by early Māori ancestors referencing

7260-419: The day. In 1886, Albert Ernest Fuller launched the sailing ship Undine in the Bay of Islands to deliver coal supplies to the islands within the Bay. With the fitting of a motor in the early 20th century, Fuller was able to deliver the coal and essential supplies to communities as far out as Cape Brett. In 1927 Fuller acquired Cream Trip from Eddie Lane – with the facilities on board to transport cream from

7381-425: The early 1930s and with a checklist by botanist Leonard Cockayne populated it with all the local indigenous plants. She gave the land and her house to the government in 1940, and today Moturau Moana is New Zealand's southernmost public garden. There are many species of birds on Stewart Island that have been able to continue to thrive because of the absence of the stoats, ferrets, and weasels that humans brought to

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7502-549: The end of the 18th century, while the first missionaries settled in 1814. The first full-blooded European child recorded as being born in the country, Thomas King, was born in 1815 at Oihi Bay in the Bay of Islands (there have been unsubstantiated claims that a European girl was born earlier at the Dusky Sound settlement in the South Island ). The bay has many interesting historic towns including Paihia , Russell , Waitangi and Kerikeri . Russell, formerly known as Kororāreka ,

7623-494: The fascination of local Māori who called them "man-carrying dogs" ( kurī waha tangata ). The Bay of Islands was visited in the 19th century by sealing ships and whaling ships that hunted in the ocean around New Zealand, often bartering with local iwi to restock their food supplied with local potatoes and pork. In December 1835 Charles Darwin visited the Bay of Islands in HMS ; Beagle . In February 1840, some members of

7744-542: The ferry service is operated by the tourism company RealNZ (formerly Real Journeys). The first scheduled service across Foveaux Strait began in 1877 for weekly mail delivery, but soon also carried passengers and general cargo. A larger vessel, the Bluff Harbour Board tug P.S. Awarua , took over the service in 1885. The Awarua arrived in Bluff on 4 January 1885, after a delivery voyage lasting more than 6 months since leaving dock in London. A trial excursion to Stewart Island on

7865-535: The first Land Commissioners appointed by Hobson concluded in 1844, and their recommendations on the several hundred European claims to non-New Zealand Company lands were generally accepted by FitzRoy when he issued the Crown grants that same year. Spain's commission ended in 1845 amid great hostility between the Commissioner and the Governor. Spain had initially strongly opposed FitzRoy's decision to overturn his ruling on

7986-456: The first half of the 20th century, including the Southland and Theresa Ward , MV. Tamatea , and the steamer Orewa . Demands for a daily service across Foveaux were published in 1937. The twin screw steamer Wairua took over the Foveaux Strait ferry service in 1944. By 1959, the ferry service was operating with annual losses of £7,464. The steamer Wairua was 46 years old by that time, and

8107-476: The flagpole at Kororāreka (Russell) to start the Flagstaff War . Many of the Māori settlements later played important roles in the development of New Zealand, such as Okiato (the nation's first capital), Waitangi (where the Treaty of Waitangi would later be signed) and Kerikeri, (which was an important departure point for inland Māori going to sea, and later site of the first permanent mission station in

8228-505: The focus of Spain's commission switched from investigating the validity of the sales to negotiating the amount of compensation to be paid when the evidence for a proper sale was slight. Despite the agreement to negotiate and pay compensation, Wakefield baulked at the compensation amounts being sought by Clarke, so Spain closed the Port Nicholson hearings and travelled north to investigate land sales at Porirua, Waikanae , Otaki , Manawatu and Wanganui. At Wanganui, tensions were high because of

8349-682: The inland areas. Almost all the island is owned by the New Zealand government and over 80 per cent of the island is set aside as the Rakiura National Park , New Zealand's newest national park. Many of the small offshore islands, including the Snares, are also protected. The ferry journey across Foveaux Strait between Bluff Harbour on the South Island and Oban in Stewart Island is about 39 km (21 nmi) long. The present high speed catamaran service typically takes one hour. As of 2024,

8470-617: The inquiry, after receiving a deputation from settlers in Wellington who were worried they would lose their homes if the New Zealand Company's purchases were found to be deficient. Their public hearings inquiry began in January 1841 at Russell in the Bay of Islands , with the commissioners assisted by an interpreter, a surveyor and the Protector of Aborigines , who acted as an advocate and counsel for Māori witnesses. In June, with New Zealand by then

8591-589: The interest of society at large ... for the purposes of sale and settlement." Hobson appointed George Clarke, then aged 19, as the commission's interpreter and Sub-Protector of Aborigines (his father George Clarke Senior had been appointed Chief Protector in May 1841); his duty was to look after Māori interests during the investigations. At the outset his interrogation of witnesses was exhaustive, with lengthy evidence taken and recorded in both Māori and English. Spain began his Wellington hearings on 16 May 1842 and began with

8712-619: The interpreters used by the company had also failed to explain the amount of land being negotiated or the reserve system in a way that was intelligible to the Māori. Spain recommended that the government pay all compensation that was due—possibly as much as £6000 in the North Island alone—and that the company be awarded a Crown grant only after it had repaid that amount to the government. In January 1844 FitzRoy visited Wellington and reopened negotiations with Wakefield on compensation, making clear that no Crown grants would be issued until compensation

8833-524: The investigation by failing to appear. After hearing evidence Spain ruled that the New Zealand Company could not claim any title to Porirua. In March 1843 Clarke told Wakefield the company would need to pay £1500 to the Port Nicholson Māori to adequately compensate them for land that had not been properly alienated. As Wakefield continued to stall the process, Māori frustration grew and in August they sent

8954-399: The island is owned by the New Zealand government, and over 80 per cent of the island is set aside as the Rakiura National Park . Stewart Island's economy depends on fishing and summer tourism . Its permanent population was recorded at 408 people in the 2018 census , most of whom live in the settlement of Oban on the eastern side of the island. Ferries connect the settlement to Bluff in

9075-499: The islands, and by the 1960s, the newly commissioned Bay Belle started this run. Although a modern catamaran now takes this historical route of the original Cream Trip, Bay Belle continues to transport visitors and locals between Paihia and Russell throughout the day. The islands that make up the Bay of Islands include: Stewart Island Stewart Island ( Māori : Rakiura , lit. ' glowing skies ', officially Stewart Island / Rakiura , formerly New Leinster )

9196-457: The issuing of land orders or "scrip" entitling settlers to select land near Auckland, and the issue of new Crown grants for Nelson and Port Nicholson (1848). FitzRoy's successor, Governor George Grey , believed FitzRoy had been wrong to set aside Spain's award at New Plymouth and threatened to survey the full 60,000 acres, with minimal compensation to be paid to Māori. He backed down under forceful Ati Awa opposition and instead bought 27,000 acres in

9317-429: The land claimed by the New Zealand Company where he had visited had either not been alienated to the company at all or had been only partially so because of the "loose and careless manner" of the purchasing process, including identifying those with the right to sell. He said pā, cultivations and burial grounds had definitely never been sold to the company, although roads had since been cut through some of them. He found that

9438-473: The land, as such inhabitants could not be seen as having true, legal possession. By April 1844 most of the Māori titles in the Port Nicholson district were settled and the vital town site and most of the country area were secured for European occupation. Spain returned to Manawatu and Wanganui, but discovered chiefs now refused to sell regardless of the level of compensation, ignoring William Wakefield's attempt to distribute £1000 in gold and silver coins. Although

9559-452: The large colonies of sooty shearwaters on the offshore Muttonbird Islands are subject to muttonbirding , a sustainable harvesting programme managed by Rakiura Māori. Meanwhile, a small population of kākāpō , a flightless parrot which is very close to extinction, was found on Stewart Island in 1977 and the birds subsequently moved to smaller islands such as Codfish Island / Whenua Hou for protection from feral cats. The South Island saddleback

9680-764: The loss of their land. Māori had no input in the negotiations. Spain's decision on the New Plymouth claims came close to sparking Māori violence against settlers and was overturned by Governor Robert FitzRoy , creating a long-running feud between the pair that lasted until Spain's departure from New Zealand. It took more than two decades to resolve the question of European land titles to pre-annexation purchases. A variety of methods were used, including new legislation, another land commission, land exchanges with Māori, land purchases and military action to oust Māori from some areas. The Treaty of Waitangi , which in its English language version transferred sovereignty over New Zealand to

9801-461: The losses could not continue, and that the service would be withdrawn. Private operators would be invited to operate a service. The Wairua continued on the Stewart Island ferry service until September 1985, when she was sold for service in Fiji. Private operators provided a replacement ferry service to Stewart Island after the government service ended in 1985. A new ferry for the Stewart Island service

9922-418: The lowland areas with mānuka shrubland at higher elevations. The trees are thought to have become established here since the last ice age from seeds brought across the strait by seabirds, which would explain why the beech trees that are so common in New Zealand, but whose seeds are dispersed by the wind rather than birds, are not found on Stewart Island. Noeline Baker purchased land near Halfmoon Bay in

10043-577: The main islands of New Zealand. Mason Bay, on the west side, is notable as a long sandy beach on an island where beaches are typically far more rugged. One suggestion is that the bay was formed in the aftershock of a meteorite impact in the Tasman Sea ; however, no evidence has been found to support such a claim. Three large and many small islands lie around the coast. Notable among these are Ruapuke Island , in Foveaux Strait 32 kilometres (20 mi) northeast of Oban; Codfish Island / Whenua Hou , close to

10164-415: The main islands. There are even more species of birds, including huge colonies of sooty shearwater and other seabirds, on The Snares and the other smaller islands offshore. The birds of Stewart Island include weka , kākā , albatross , the flightless Stewart Island kiwi , silvereyes , fantails , and kererū . The endangered yellow-eyed penguin has a significant number of breeding sites here, while

10285-443: The mainland post-colonisation. However, although habitats and wildlife were not threatened by invasive species historically, now there are populations of brushtail possums , feral cats, hedgehogs and three species of rats, but no mustelids or mice. There is a large population of white-tailed deer , which were introduced to coastal areas and are hunted for meat and sport. There is also a small population of red deer , confined to

10406-426: The mainland. The only town is Oban , on Halfmoon Bay . A previous settlement, Port Pegasus , once boasted several stores and a post office, and was located on the southern coast of the island. It is now uninhabited, and is accessible only by boat or by an arduous hike through the island. Another site of former settlement is at Port William , a four-hour walk around the north coast from Oban, where immigrants from

10527-443: The mid-1820s and early 1830s to live as exiles, and almost all had been absent when their land had been "sold" to the New Zealand Company. The land had been sold over the course of three transactions—at Kāpiti on 25 October 1839, Queen Charlotte Sound on 8 November 1839 and New Plymouth on 15 February 1840. By 31 May 1844, when Spain opened his Taranaki hearings in New Plymouth, about 900 Māori had returned to settlements spread along

10648-605: The most commonly used. The name was officially altered to Stewart Island/Rakiura by the Ngāi Tahu Claims Settlement Act 1998 , one of many such changes under the Ngāi Tahu treaty settlement. Rabbits were introduced to the island in 1943 which later became a pest after rapid multiplication. Stewart Island has an area of 1,680 square kilometres (650 sq mi). Its terrain is hilly and, like most of New Zealand, Stewart Island has an Oceanic climate . The north

10769-566: The north-western part of the bay from the Pacific Ocean, and Cape Brett Peninsula extends 10 km (6 mi) into the ocean at the eastern end of the bay. The biggest town is Kerikeri , followed by Paihia . The small town of Russell is located at the end of a short peninsula that extends into the bay from the southeast. About 700 years ago, the Mātaatua , one of the large Māori migration canoes which journeyed to New Zealand from Hawaiki ,

10890-430: The northwest shore; and Big South Cape Island , off the southwestern tip. The Tītī / Muttonbird Islands group is between Stewart Island and Ruapuke Island, around Big South Cape Island, and off the southeastern coast. Other islands of interest include Bench Island, Native Island, and Ulva Island , all close to the mouth of Paterson Inlet , and Pearl Island, Anchorage Island , and Noble Island, close to Port Pegasus in

11011-402: The offer of a further cash payment to be reasonable, explaining that "the natives who denied the sale seemed to be more anxious to obtain payment for their land than to dispossess the settlers then in occupation of it". He thought giving land back to the Māori was impractical because Wellington's population had grown to about 3000, outnumbering Māori by at least five to one. Spain also questioned

11132-430: The outset Spain refused to accept the land ownership claims of non-resident Māori. He explained in his report that "the admission of the right of slaves, who had been absent for a long period of years, to return at any time and claim their right to land that had belonged to them previously to their being taken prisoners of war and which ... had been sold by the conquerors and resident natives to third parties, would establish

11253-522: The outskirts. The only ferry/barge link to the South Island for vehicles is to Bluff. Stewart Island is able to receive most AM and FM radio stations broadcast in the Southland region. Television services are available via satellite using Sky or Freeview . Analogue terrestrial television services could be received on Stewart Island from the Hedgehope television transmitter located in the South Island prior to

11374-467: The part played by the island in the legend of Māui and his crew, who from their canoe Te Waka a Māui (the South Island), caught and raised the great fish Te Ika a Māui , the North Island . Rakiura is the commonly known Māori name. It is usually translated as "Glowing Skies", a reference to the aurora australis , the southern lights that are a phenomenon of southern latitudes. For some, Rakiura

11495-483: The passing of the New Zealand Constitution Act 1846 , the island became part of New Munster , which entirely included the South Island. When New Munster was abolished in 1853, Stewart Island became part of Otago Province until 1861, when Southland Province split from Otago. In 1876, the provinces were abolished altogether. For most of the twentieth century, "Stewart Island" was the official name, and

11616-409: The presence of more than 200 European settlers attempting to farm and build on land many Māori said had not been sold. Wakefield again obstructed Spain's inquiry, failing to appear at hearings and forcing Spain to examine witnesses himself, putting to them the questions he would have expected the company's counsel to put. After a three-week hearing Spain ruled that the company was entitled to land only on

11737-525: The pretentious deeds drawn up in pseudo-legalistic English. In many cases the commissioners accepted the evidence of Māori over that of the claimants. They found boundaries to be inadequately described in most deeds, the acreages grossly exaggerated, the claims overlapped, with Māori usually having little idea of area or boundaries in English terms. The commissioners allowed 490 claims; most of those disallowed were greater than 1000 acres, with 241 disallowed because

11858-592: The rules governing commercial activities. For example, every transport service operated solely on Great Barrier Island , the Chatham Islands , or Stewart Island is exempt from the Transport Act of 1962. Although the clay soil is not very fertile, the high rainfall and warm weather mean that the island is densely forested throughout. Native plants include the world's southernmost dense forest of podocarps (southern conifers) and hardwoods such as rātā and kāmahi in

11979-420: The signing of an agreement in November 1840 between the Colonial Office and the New Zealand Company that awarded the company a royal charter of incorporation. The company would be given a Crown grant to land in defined areas of the country, including Wellington and New Plymouth, but abandon claim to the 20 million acres it claimed to have bought during the 1839 expedition of the company vessel, Tory . On 3 December

12100-442: The sole land commissioner, but Spain—possibly on discovering two other commissioners were already at work—told Hobson he would supervise their work. Hobson rejected the proposal, insisting the task was so vast it would require them all to be engaged in inquiries around the country. He directed Spain to proceed immediately to Wellington to investigate the New Zealand Company purchases that were defined in an agreement Hobson had made with

12221-472: The southwest. Further offshore The Snares are oceanic islands, a volcano and some smaller islets, that were never connected to the larger Stewart Island. Stewart Island has a temperate climate. However, one travel guide mentions "frequent downpours that make 'boots and waterproof clothing mandatory", and another guide says that rainfall in Oban, the principal settlement, is 1,600 to 1,800 mm (63 to 71 in)

12342-435: The title to the lands before they were sold to the company, a difficult task in itself, and then find whether the sales were legitimate. Under instructions from Colonial Secretary Lord Stanley to Governor Robert FitzRoy, any land deemed to be in excess of a valid claim should be retained by the Crown. Stanley, who succeeded Russell in August 1841, explained: "The excess is vested in the sovereign as representing and protecting

12463-534: The valley of the Rakeahua River , which also flows into Paterson Inlet. The southernmost point in this ridge is Mount Allen , at 750 metres (2,460 ft). Notable twin rock formations in this region are known as Gog and Magog. In the southeast the land is somewhat lower, and is drained by the valleys of the Toitoi River , Lords River , and Heron River . South West Cape on this island is the southernmost point of

12584-489: The west side of the Whanganui River , and that even that claim was deficient. Spain, however, decided the Māori owners would not be given the land back, but instead be compensated for it and he subsequently negotiated an amount, which took more than a year to be paid. Further hearings over sales at Manawatu and the Nelson area were attended by Ngāti Toa chiefs Te Rauparaha and Te Rangihaeata , but Wakefield again hindered

12705-468: The whaleboat of the sealing brig Union (out of New York) in 1804 and on his 1806 chart, it was called Smith's Straits. The island received its English name in honour of William W. Stewart . He was first officer on the Pegasus , which visited in 1809, and he charted the large south-eastern harbour that now bears the ship's name ( Port Pegasus ) and determined the northern points of the island, proving that it

12826-548: Was 16.9, compared with 27.1% nationally. Although some people chose not to answer the census's question about religious affiliation, 67.6% had no religion, 23.5% were Christian , 0.7% were Buddhist and 2.9% had other religions. Of those at least 15 years old, 84 (23.7%) people had a bachelor's or higher degree, and 63 (17.8%) people had no formal qualifications. The median income was $ 33,500, compared with $ 31,800 nationally. 57 people (16.1%) earned over $ 70,000 compared to 17.2% nationally. The employment status of those at least 15

12947-462: Was a former British Resident of the Ionian Islands . Neither Godfrey nor Richmond, who carried out the bulk of the commission's work, had any legal training. They were instructed not to investigate any derivative claim—sales in which land had not been bought directly from Māori—nor any sales by non-British nationals. In September 1840 the Governor also exempted all New Zealand Company purchases from

13068-478: Was added to the service in December 2004. However, within two weeks of beginning service, the vessel was sold to Fullers Northland for service in the Bay of Islands , after Fullers suffered the loss of a vessel. Real Journeys bought out their partners to take complete control of the Stewart Island ferry service in May 2005. In 2015, responding to proposals for subsidised travel to Stewart Island for senior citizens,

13189-452: Was an island. In 1824, he initiated plans in England to establish a timber, flax and trading settlement at Stewart Island and sailed there in 1826, with it becoming known as Stewart's Island . In 1841, the island was established as one of the three Provinces of New Zealand and was named New Leinster . However, the province existed on paper only and was abolished after only five years. With

13310-563: Was built in Invercargill for the company Stewart Island Marine, and launched in April 1999. The new vessel was a catamaran capable of taking 100 passengers, one third more than the vessel it replaced. In 2004, after operating the business for 14 years, Stewart Island Marine sold the ferry service to Stewart Island Experience — a joint venture between two private individuals and the tourism company Real Journeys . A third vessel seating 160 passengers

13431-401: Was commonly absentees' property. The problem was particularly acute at Port Nicholson, where more than 80 percent of Māori cultivations were on absentees' land. It took many years—and long after FitzRoy's departure from office—to resolve the question of European land titles to pre-Annexation purchases. A variety of methods were used, including new legislation (the 1849 Quieting Titles Ordinance,

13552-471: Was given a fixed annual salary of £2000, which equalled that of the Chief Justice and made the pair the second-highest paid public officials in New Zealand, behind the Governor. Among his instructions, Russell directed that the commissioner and Governor define on the map land that was in the "actual occupation and enjoyment" of Māori; certain areas were to be made inalienable for Māori use and occupation, with

13673-409: Was made by Venture Southland, an agency responsible for the region's economic and community development initiatives and tourism promotion, with the aim of attracting more visitors, particularly in the winter period. Rakiura National Park is the 14th of New Zealand's national parks and was officially opened on 9 March 2002. The park covers close to 1,400 square kilometres (540 sq mi), which

13794-415: Was on 20 December. The new Wairua was the first vessel in New Zealand to be fitted with anti-roll capabilities. The service to Stewart Island was twice a week during winter, and three times a week during summer. By 1985, the accumulated losses in operating the Wairua on the Foveaux Strait service over the previous 10 years totalled $ 6 million. The Minister of Transport , Richard Prebble , announced that

13915-429: Was paid. Wakefield agreed to pay £1500 to the Port Nicholson area Māori, although their chiefs, led by those of Te Aro pā, rejected that amount—which had been calculated by Clarke alone—as inadequate. The standoff continued for several days until the sum was accepted and distributed in shillings. In March Spain and Clarke tried unsuccessfully to negotiate a compensation deal with Te Rauparaha and Te Rangihaeata for land in

14036-743: Was part of the Otago Province . In local government today, Stewart Island is represented by one councilor on the Southland District Council . There is a Stewart Island/Rakiura Community Board to serve as the link between the community and the District Council. At the Southland Regional Council , it is part of the Invercargill-Rakiura ward. Stewart Island shares with some other islands a certain relaxation in some of

14157-455: Was sailed to the Bay of Islands (from the Bay of Plenty) by Puhi, a progenitor of the Ngāpuhi iwi (tribe) which today is the largest in the country. Māori settled and multiplied throughout the bay and on several of its many islands to establish various tribes such as the Ngāti Miru at Kerikeri. Many notable Māori were born in the Bay of Islands, including Hōne Heke who several times cut down

14278-456: Was simply unsure whether it was an island because his focus was on finding the southern extent of New Zealand, and conditions were unfavourable for more closely exploring a possible strait. The strait was first charted by Owen Folger Smith , a New Yorker who had been in Sydney Harbour with Eber Bunker , from whom he probably learned of the eastern seal hunting . Smith charted the strait in

14399-485: Was that 207 (58.5%) people were employed full-time, 54 (15.3%) were part-time, and 3 (0.8%) were unemployed. Fishing has been, historically, the most important element of the economy of Stewart Island, and while it remains important, tourism has become the main source of income for islanders. There has also been some farming and forestry. From 1841 to 1853, Stewart Island was governed as New Leinster Province , then as part of New Munster Province . From 1853 onwards, it

14520-567: Was the first permanent European settlement in New Zealand, and dates from the early 19th century. Kerikeri contains many historic sites from the earliest European colonial settlement in the country. These include the Mission House , also called Kemp House, which is the oldest wooden structure still standing in New Zealand. The Stone Store , a former storehouse, is the oldest stone building in New Zealand, construction having begun on 19 April 1832. These settlements also reared horses during this time to

14641-541: Was well known not to have been purchased by them, was apparent to every native." FitzRoy's decision infuriated Spain, whose resignation was then demanded by the Governor. On 23 November FitzRoy paid £350 to the Ngāti Te Whiti hapū for 3500 acres, which included the New Plymouth township. His decision, which meant only that small area was now officially available for settlement, this time left the settlers enraged and dismayed. It also infuriated Wakefield and Spain, who believed

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