The Rotorua Township Agreement 1880-2020

1980 was a busy year for the City of Rotorua.

It was the year that the city chose to celebrate its founding on 25 November 1880. The year-long centennial celebration kicked off in style in November 1979, when the Morrison Quartet briefly reunited for a special concert at the Rotorua Civic Theatre. Rotorua District Council, local businesses and community groups sponsored and organised conferences, rallies, sporting events, and cultural events. A logo was designed and used throughout the year on shirts, books, banners and rubbish bags. Special medallions were minted and a stamp launched.  Celebrations reached their climax in November 1980, with three major events. First was a massive float parade that showcased the evolution of Rotorua; its environment, its people and various industries. Following this, three great waka landed in Ōhinemutu and were greeted by a 200 strong haka, as well as hundreds of onlookers in the crowd. Finally, the year of celebration culminated with a re-enactment of the signing of the Rotorua Township Agreement, often called the Fenton Agreement. (Stafford, 1988, p. 390-391).

Chief Judge Francis Dart Fenton (or Penetana as he was known by Māori) of the Native Land Court is usually credited with establishing Rotorua township. However, this was of course accomplished hand in hand with iwi. Fenton originally discussed the proposal with local iwi in 1877 and by direction of the Government he returned for detailed negotiations in 1880. From the Crown’s point of view, there were two main objectives behind the establishment of a township at Rotorua: preserve access to the natural thermal wonders of the district and to halt problems and arguments regarding land.

The proposed township would also have the added benefit of opening up the area to further settlement, and improving accommodation, supplies and transport to the burgeoning tourist trade. Up until this time this was reliant upon a haphazard collection of European style hotels and shops that had developed in and around the old Ngāti Whakaue settlement of Ōhinemutu.

In late November 1880, negotiations were held over a number of days with Ngāti Whakaue, Ngāti Rangiwewehi and Ngāti Uenukukopako, ultimately culminating in the signing of the agreement document. This occured at Ōhinemutu on 25 November 1880 between 47 persons of the three iwi and Chief Judge Fenton on behalf of the Crown. Not all iwi were happy with this development being led by the three iwi, including Tūhourangi, who claimed interests in the area proposed for the township.

For the Māori owners, the proposed township would see an increase in visitors into the area, and a major source of income, without the need to permanently sell land.  As iwi at the time refused to sell land in the Lakes District to anyone, including the Crown, it was instead agreed that the Crown would lease lots in the township out to the public for 99 years on behalf of the owners. The agreement was split into 16 clauses which set out the area for the township, how ownership would be determined, reserves that were gifted by the owners to the Crown for both races, survey costs, rates, and composition of the town board.

Up until the Agreement, iwi had refused to allow the Native Land Court to sit in the district, knowing that to do so would likely result in the eventual loss of land through sale. However, Fenton convinced iwi that for the township scheme to be successful, the Court would need to decide the ownership of the township land. Following a protracted Court hearing, the Native Land Court awarded the majority of the town block to Ngāti Whakaue. This block, called Pukeroa-Oruawhata, took in the area between the Utuhina and Puarenga Streams and stretched from the lake front to Tihiotonga. A section of the block, called Tarewa, was awarded to Ngāti Tuara and Ngāti Kearoa. These awards had a number of consequences. It excluded Ngāti Rangiwewehi and Ngāti Uenukukopako from participating further in the township scheme. It also saw iwi resistance to the Native Land Court in the Lakes District erode as a cascade of land claims to other land blocks were received by the Court.

While the township scheme was widely publicised, and initially successful in attracting leasees, the delay in the establishment of the promised railway, a national economic downturn, the Tarawera eruption in 1886, and a string of defaulting leasees, all contributed to an enormous loss in expected revenue. 

Starting in 1889, the Crown sought to purchase shares from owners in the block. The Crown and the Ngāti Whakaue were co-owners in the Pukeroa-Oruawhata Block at the time. The alienation of the block from the last few owners, and vesting of the township block (Pukeroa-Oruawhata Block) in the Crown, was completed through the compulsory acquirement of shares via the Thermal Springs Act of 1910. The Crown later sold these interests between 1930 and 1950, opening up the township lands to private ownership. Over the next few decades,  Ngāti Whakaue sought answers from the Crown over the failure of the township scheme and care of the gifted reserves (Rose, 2004).

Meanwhile, the Agreement had established the first governing body of the Rotorua Township, being the Rotorua Town Board. It was originally made up of the local Doctor, resident magistrate and a Ngāti Whakaue representative, all appointed by Central Government.

The Rotorua Town Board first met in April 1883. However, besides the administration of certain government services and hotel license fees, the Board was restricted on what it could do and achieve. Hamuera Pango, who died in 1893, was the last Ngāti Whakaue representative on the board.

The Rotorua Town Council Act, passed in 1900, altered the constitution of the Rotorua Town Board. It became a Council of seven members, with three locally elected representatives and the other four being appointed by Central Government.

The Town Board was disestablished in 1907, at which point the Tourist Department took over the administration of the township. The Rotorua Borough Council was established by the Rotorua Town Lands Act 1920, and the first election was undertaken in 1923, although Central Government would still appoint two of the seven positions. In fact, it would not be until 1950 that a mayor and Council would take office without Central Government appointees.

The Rotorua Borough Council became the Rotorua City Council upon Rotorua achieving City status in 1962. The Rotorua City Council and the Rotorua County Council amalgamated in 1979 to form the Rotorua District Council.

In late November 1980, Ngāti Whakaue hosted all of Rotorua and Te Arawa at Te Papaiouru Marae for the re-enactment of the Fenton Agreement signing. 400 members of Te Arawa gathered on the steps of Tamatekapua Meeting House, they sang and chanted as Judge Fenton (played by Mervyn Julian), and his interpreter (played by Sam Gardiner), emerged from St Faith's Church dressed in period costume. They crossed over to a table set up in front of Tamatekapua where the descendants of the original land owners again placed their signatures. As was befitting such an occasion, amongst the many official guests in attendance was Tennant Fenton, grandson of Chief Judge Fenton.

It is interesting to remember that our city’s foundation was built upon a unique relationship between the Crown and local tāngata whenua. The Rotorua Township Agreement should be remembered as being an integral part of our shared, communal history as a city, an example of great generosity by iwi, and a forward thinking willingness to work together. Rotorua’s 130 year anniversary passed quietly and largely unnoticed, with Rotorua perhaps still mourning the loss of local historian Don Stafford.

Let us hope then that Rotorua 2020 is a little different, that we will choose to remember, discuss, debate, commiserate, celebrate and reflect on our Cities past 140 years; the good, the bad, and everything in-between.