Consultation closed

Christchurch City Council owns the block of land at 177 Pūrau Avenue (Reserve 4622), which is widely known as the “Māori reserve”.

The reserve is a burial site for Chief Tiemi Nohomutu, a Pūrau resident and leading Ngāi Tahu rangatira during the first decades of European settlement in Whakaraupō Lyttelton Harbour, and you can see his headstone there when you visit.

Oral history, historical land documents and geotechnical reports support the cultural significance of the reserve and show that it’s likely to hold other burial sites within and/or nearby.

Ngāti Wheke as mana whenua (people of the land) trace their descent from Waitaha, Ngāti Mamoe and Ngāi Tahu. For more than 100 years they have sought the return of this site. If it was returned, Ngāti Wheke would apply for the land to be set aside as a Māori Reservation urupā (Māori cemetery) so they could appropriately care for the site as kaitiaki (guardian), now and for future generations.

Looking back - History of the reserve

Pūrau Bay has been used since the earliest occupation of Te Pātaka o Rākaihautū Banks Peninsula, by Waitaha and subsequently by Ngāti Māmoe and Ngāi Tahu. Ngāi Tahu settlers moved the settlement from the hillside to the western side of the bay, as it provided protection from the north-easterly and south-westerly winds and gave better access to mahinga kai (food gathering) and freshwater sources. The kāinga (unfortified settlement) became known for making and supplying toki (axes) and as a resting place for mana whenua (people of the land) travelling to other places.

The name Pūrau refers to a traditional mussel basket, referencing the rich mahinga kai history of the area.

Timeline

The following information has been put together from Ngāi Tahu records, historical records shared by community members, and Council records and reports.

You can click on each of the images within the timeline to open the source document.

1838 - 1900

  • 1838 - 1840

    Jean Francois Langlois aims to secure land in Banks Peninsula for the French. During complicated negotiations for land, chief Tiemi Nohomutu is listed as one of the “four high chiefs of Port Cooper and Port Levy” in attendance, with his name and moko found on purchase documents. At the same time, the Crown was asserting that the French Deeds were invalid. Click this timeline record to read about Tiemi Nohomutu.

  • 1841

    Chief Tiemi Nohomutu is listed as resident on the Port Cooper census.

  • 1849

  • The Port Cooper Deed provides for the setting aside of land in Pūrau for local Ngāi Tahu residents.

  • 1850

  • Tiemi Nohomutu dies and is buried in Pūrau, where his headstone can be found today. He leaves a wife, Hinetuhu/ Hinetutu, and one daughter, Te Kohowai, who later marries Paora Taki. She has one daughter, TiemiTiemi’s granddaughter (Wikitoria) Ngaroimata.

  • Richard A Oliver paints the watercolour “The Māori settlement, Purau Bay, Port Cooper”, which depicts the Māori kāinga (unfortified village) on the western foreshore of Pūrau. This painting can be viewed at the Christchurch Art Gallery.

  • Pūrau is mapped by Messrs W.B. and G. Rhodes on the “Plan of Rhodes Mount ” in Pūrau, which depicts the location of the ‘Native Reserve’.

  • 1857

    There is a census. Tiemi Nohomutu’s 12 hapū members are listed as living in Pūrau.

  • 1860

  • The land is first surveyed as "Native Reserve 876”, comprising about nine acres. It is shown on the survey as a “Māori Pah”.

  • 1870

  • Nine acres is set aside as "Native Reserve 876 Pūrau”. This was not awarded to the local hapū but to (Wikitoria) Ngaroimata, Tiemi Nohomutu’s granddaughter.

  • 1898

  • 19 JANRUARY

    The land is leased to W.M Gardiner.

1901-1949

  • 1913

  • (Wikitoria) Ngaroimata wills the land to Rahera Murwai Uru, who is of no whānau relationship.

  • 1914

  • 18 MARCH

    Contrary to native land restrictions, Rahera Muriwai Uru sells the land to a local farmer’s wife, Mrs Christine Gardener, subject to a requirement to fence and keep fenced the graves on the land (Crown Grant Deed 5021 11 April 1870).

  • 1915

  • 26 JUNE

    The County Clerk of Mt Herbert County Council writes to the Minister of Native Lands requesting control of the “Native Cemetery” within Reserve 876 so it may be fenced and planted with native shrubs and conserved.

  • 16 JULY

    The Commissioner of Crown Lands replies to the County Clerk, stating that;

    o The whole area of Native Reserve 876, Pūrau Bay, was sold by the owner to Mr Gardiner.

    o There is no mention of the Native Cemetery, speculating that it may be because it’s on the road.

    o He asks the Clerk to mark the cemetery on a plan.

    o He also points out that, if the cemetery is within the reserve, it would belong to the 'native owner'.

  • 26 JULY

    The County Clerk writes to the Lands and Survey Department, putting forward complaints from local Māori about inclusion of the cemetery in the sale of the Native Reserve. He returns a marked-up plan (shown here) and suggests the cemetery should be conveyed to the Council for control and management.

  • This image shows the 1915 land survey overlaid onto the 2024 subdivision by Council GIS technicians.

  • This image shows the full 1915 land parcel laid overtop the current 2024 subdivision.

  • 30 JULY

    The Commissioner of Crown Lands advises the Under Secretary of Lands that the land is freehold owned by Mrs Christine Gardiner and suggests the Council acquires the land under Section 51 of the Cemetries Act 1908.

1950 - 1959

  • 1950

    A private owner of the Native Reserve, Mr Gardiner, approaches the Under Secretary Department of Māori Affairs.


  • 9 MARCH

    Under Secretary Department of Māori Affairs writes to the Director General of Lands conveying the outcome of that discussion:

    • The land contains about nine acres and has upon it an old Māori burial ground of about 1 rood (a quarter acre).
    • Mr Gardiner asks if there was any way in which he could have the burial ground cut off and returned to Māori control.
    • Mr Gardiner was advised it was possible to have the burial ground vested in trustees under Section 117 of the Māori Purposes Act 1931.
    • Mr Gardiner raised the issue of subdivision requirements in the Counties Act 1946 as to the provision of public reserves on a subdivision. He asked if setting aside the burial ground could be taken as satisfying the statutory requirements.
    • The Under Secretary deferred this to the Director General but expressed an ongoing interest.
  • 20 MARCH

    Surveyor General (Department of Lands and Survey) advises the Chief Surveyor that the vesting of the approximately quarter acre said to be an old Māori burial ground may be accepted to meet the requirements under Section 12 and that the area should be shown as a “Public Reserve” on the scheme plan. He indicates that the Department of Lands and Survey and the Māori Affairs Department could take further action.

  • 17 AUGUST

    A survey plan (shown here) is lodged by Mr Gardiner.

  • 25 AUGUST

    The Council approves the "Old Māori burial ground” be shown as "public reserve" in the subdivision scheme plans. Mr Gardiner also states he is “prepared to plant the 'burial ground' area with shrubs if it is taken over by the Council as a Reserve.” They also note a recommendation would be brought to the next meeting.

  • 2 OCTOBER

    The Council accepts the burial ground and areas set aside for public road as the full contribution required under the provisions of the Land Subdivision in Counties Act 1946.

  • 31 OCTOBER

    The Surveyor approves the scheme plan for submission for Ministerial approval.

  • 7 DECEMBER

    The Deputy Chief Surveyor submits the proposed subdivision for the Minister’s approval. That letter of submission contains relevant text to the burial ground and proposed “Public Reserve”.


  • 1951

    14 JUNE

    Lot 18 Public Reserve R 4622 is created and vested in the Crown for Public Purposes pursuant to Section 13 of the Land Subdivision in Counties Act 1946 and subject to the Reserves and Domains Act 1953.

  • 1959

    6 MARCH

    Mt Herbert County Clerk writes to the Department of Māori Affairs enquiring about the reserve.

  • 17 MARCH

    District Officer at the Department of Māori Affairs writes to the County Clerk, responding they have no record of the land in their records and that they should seek information from the people of Rapaki.

  • 23 MARCH

    Mount Herbert County Clerk sends a letter acknowledging the correspondence from the District Officer, stating further investigations as suggested will be made.

  • 24 MARCH

    Mount Herbert County Council seek information from the public on the reserve and Tiemi Nohumutu’s grave within it by printing an advertisement.

  • 10 JUNE

    The Deed of Covenant is signed by Mr Gardiner and Mt Herbert County Council for the subdivision.

  • 25 JULY

    A Christchurch Star article is published beneath the headline, “Māori Burial Ground Exists At Pūrau”. The full article reads:

    “It had been definitely established that part of a subdivision at Pūrau was an old Māori burial ground, Mr A M Jackson informed members of the Mount Herbert County Council yesterday.

    "The National Historic Places Trust had written to the council expressing concern that the area might be desecrated..."

  • 5 AUGUST

    The Commissioner of Crown Lands writes to the Historic Places Trust, confirming Reserve 4622 is a Māori burial ground listed in the District’s records, suggesting possibilities to improve the present administration:

    1. Vest in Māori trustees
    2. Change purpose to cemetery reserves and appoint County Councils as Cemetery Trustees
    3. Appoint the National Historic Places Trust to control and manage as Historic reserves
    4. Appoint a special Board to control and manage
  • 28 AUGUST

    Canterbury Māori Tribal Executive, supporting the Rāpaki Tribal Committee, writes to the Mount Herbert County Council, strongly urging the Council to preserve Pūrau Reserve 4622 as a Māori burial reserve.

  • 21 SEPTEMBER

    Mount Herbert County Clerk acknowledges receiving the letter dated 28 August and states that the Council will respect the wishes of the Māori people as far as its powers will allow and requests any further information on the size of it, asking how much of the reserve do they think it covers.

  • 10 NOVEMBER

    Canterbury Māori Tribal Executive writes to Mount Herbert County Council, stating:

    “Mr H.H.H. Gardener would be the most appropriate person to direct you as to where this fence existed. We are, however, reasonably certain that the original burial grounds contained 60 or more graves and occupied most of the existing reserve.”

  • 26 NOVEMBER

    The County Clerk acknowledges receipt of the letter 10 November 1959.

1960 - 1965

  • 1960

  • 11 FEBRUARY

    The Chief Surveyor minutes a meeting between Council members, local iwi and community representatives. The purpose of that meeting is to discuss the ownership, control and management of Reserve 4622.

  • 18 MARCH

    A conversation is recorded in the minutes of the Mt Herbert County Council, directing the County Clerk to arrange for "Mr Radcliffe" to attend a meeting to be held at the Rāpaki Hall.

  • 1961

  • 20 JUNE

    District Officer Māori Land Court writes to the Commissioner of Crown Lands, advising that the Rāpaki Māori Tribal Committee has made application under section 439 of the Māori Affairs Act for Reserve 4622 to be set aside as a Māori Reservation and vested in the Rāpaki Tribal Committee’s nominees as Trustees and seeks the Crown’s attitude to that proposal.

  • 26 JULY

    The District Officer Department of Māori Affairs for the Commissioner of Crown Lands writes to Mr J Karetai (representative from Little River Māori), setting out the history and current ownership, management and control of Reserve 4266. However, the letter may not have been sent.

  • 11 AUGUST

    The Commissioner of Crown Lands writes to the District Officer Department of Māori Affairs and sets out status and options and suggests the Council and Tribal Committee meet to discuss the matter.

  • 24 AUGUST

    A reserves report indicates that Reserve 4622 is not being proactively managed or maintained. It recommends its future use – “Leave as Cemetery”.

  • 13 DECEMBER

    A meeting is held between the Assistant Commissioner of Crown Lands, District Officer (Māori Affairs Department), Chief Draughtsman (National Historic Places Trust) and the Māori Tribal Council. While primarily focused on appropriate ownership, use, management and control, the document shows the discussion and relevance to the site as a burial ground.

  • 22 DECEMBER

    The Mount Herbert County Council (following the meeting of 13 December) writes to the Chief Surveyor, seeking Reserve 4622 to be vested in the Council. This was approved 26 January 1962.

    The correspondence shared that the "reserve will be levelled and sown in grass; the tombstone elevated, native trees planted, the limits of the burial ground marked, and provision made for a much needed car parking area outside the burial ground.”

  • 1962

  • 2 FEBRUARY

    The reserve vesting is announced in the NZ Gazette by the Minister of Lands.

  • 26 JANUARY

    A plan of the proposed layout of the reserve is presented to the Mt Herbert County Council who approved it, subject to re-grouping of some trees.

  • 1965

  • 22 FEBRUARY

    A summary of the "Maori Grave" was prepared by Assistant Commissioner of Crown Land for the Star newspaper and added to the file.

2009 - 2024

  • 2009

  • JANUARY

    Christchurch City Council consults Pūrau community members on the proposed Pūrau Bay development plan. Council receives a submission from Ngāti Wheke on the cultural significance of Reserve 4622, sharing their concerns about unidentified artefacts buried within the reserve. As a result, the development plan is put on hold to allow for further discussions.

    At that time, Ngāti Wheke also requests archaeological geotechnical scans be commissioned of the reserve and foreshore.

  • SEPTEMBER

    Archaeological Solutions Ltd provides an Archaeological Geomagnetic report completed by Dr Hans-Dieter Bader. Dr Bader finds that, within the reserve, in addition to Chief Tiemi Nohomutu’s grave, there are “possible or likely burial pits".

    Dr Bader also reports that:

    “The classification of geophysical anomalies as possible or likely graves is based on,

    • The pattern known from other geomagnetic surveys on urupā e.g. at Moeraki
    • The location inside an area considered urupā by the rūnanga."
  • 2014

  • 20 AUGUST

    Lyttleton/Mt Herbert Community Board decides to request a report that enables the Board to decide on the reclassification of the Foreshore Reserve at Pūrau, including the Pūrau Māori Reserve. The report is to “include that the reserves have been surveyed, that papatipu rūnanga have been consulted and to seek the reclassification of the reserves as historic to better reflect the historic and cultural values of the site”.

  • 2018

  • FEBRUARY - MARCH

    Council and Ngāti Wheke hold discussions with Department of Conservation (DOC) and residents on proposal to revoke the reserve status and return the land to the hapū, before asking Te Pātaka o Rākaihautū Banks Peninsula Community Board to request the formal process commence.

    Residents share a range of views and information for consideration regarding public access, ongoing maintenance of the site and query whether the site could be reclassified as a historic reserve instead.

  • 17 APRIL

    A Pūrau community member provides the Council with an additional independent geotechnical radar scan report, completed by GPR Solutions Ltd, using ground-penetrating radar. The report identifies subsurface features and anomalies within the reserve; however, it concludes they are assumed to be rocks or sections of tree roots or a dried-up stream, and eliminates possibility of utility or service pipes.

  • 28 MAY

    Te Pātaka o Rākaihautū Banks Peninsula Community Board hears staff recommendations to proceed and deputations from the community on the proposal to revoke the reserve status and return the land to Ngāti Wheke.

    The Community Board asks staff to look into community members’ claims of errors in the staff report and to gather more information about the derivation of the title of the reserve, resolving that the report “lay on the table” until staff provide more information to the board.

  • AUGUST - SEPTEMBER

    Ngāti Wheke representatives and local community members meet several times to discuss the proposal and answer each other’s questions.

  • 2019

  • FEBRUARY

    Ngāti Wheke representatives meet with local community members again to discuss options for the reserve.

  • MARCH

    Ngāti Wheke receives and supplies the Council with a draft independent review of the findings in the 2009 Archaeological Solutions Ltd Archaeological Geomagnetic Report (Bader report). The review was completed by Heritage New Zealand Pouhere Taonga. The report was also made final in 2024.

  • APRIL

    The Council receives Underground Overground Archaeology’s peer-review findings of the 2009 geomagnetic report.


  • The same month, DOC indicates they may no longer be able to support a proposal to remove the reserve status due to the Lake Ruataniwha Court decision, so the proposal is put on hold.

  • 2024

  • FEBRUARY

    The Council commissions a second geomagnetic report of the foreshore, to inform the Pūrau foreshore and recreation ground development plan.

  • 11 JUNE

    Ngāti Wheke representatives and Council staff meet with Department of Conservation (DOC) again. DOC advises they are now supportive of the public notification of a proposal to revoke the reserve status, as the Pūrau reserve components are not the same or similar to the Lake Ruataniwha case. DOC later confirms in writing.

  • 12 AUGUST

    Council staff request Te Pātaka o Rākaihautū Banks Peninsula Community Board endorses recommencement of the reserve revocation process to allow the return of the land to Ngāti Wheke.

    The Board hears five deputations on the matter and resolves to recommend to Council that it:

    a) Commence the consultation and hearings panel process

    b) Extend the consultation period to two months, and

    c) Endorse recommendation to Council that the Board are appointed hearings panel.

  • 4 SEPTEMBER

    Te Pātaka o Rākaihautū Banks Peninsula Community Board presents its recommendation to Council. Councillors vote in support, approving commencement of the consultation and hearings process and appointing Te Pātaka o Rākaihautū Banks Peninsula Community Board as hearings panel.

The pathway forward

In September this year, the Council agreed to publicly notify a proposal to revoke the reserve status of this site and return it to the care of Ngāti Wheke. In reaching this decision, the Council considered the following information:

  • Independent reviews by Underground Overground Archaeology and Heritage New Zealand Pouhere Taonga of all the reserve’s geotechnical reports
  • An additional geotechnical report of the Pūrau foreshore
  • Copies of historical land information and records supplied by community members in earlier discussions and deputations
  • Mapping from Te Rūnanga o Ngāi Tahu which shows where the historical Pā was located within Pūrau Bay, and
  • Advice from Council staff on other options that could be considered for the site (see below for more information on these options).

You can view the relevant reports and documents under the “Document Library” on this page.

Consultation is open until Sunday 1 December 2024. A hearings panel made up of Te Pātaka o Rākaihautū Banks Peninsula Community Board will come together in January 2025 to consider all views, alongside the historical and geotechnical information, and make a decision on whether to continue with the proposal to revoke the reserve status and return the land or not

Future use of the land

Proposed future use of the land

If revocation of the reserve status and return of the land to Te Hapū o Ngāti Wheke proceeds, the hapū would own and manage the site.

The land would transfer to the hapū for a nominal fee of $1. As part of the transfer conditions, Te Hapū o Ngāti Wheke would be required to apply to the Māori Land Court to have the land set aside as a Māori Reservation (urupā) under Te Ture Whenua Māori Act 1993.

Under the Act, the land must be owned by the hapū at the time an application is lodged.

Ngāti Wheke would manage the site like other urupā, such as the one at Rapaki. The site would still be open to the public, but there may be fencing put up around it and a specific entranceway to come and go through. Ngati Wheke may also mark the existing graves, provide handwashing facilities and place signage to ensure the site was respected appropriately by visitors.

Ngāti Wheke would not carry out any new burials, but it might re-bury kōiwi (existing burials) uncovered by coastal erosion of the nearby foreshore or other nearby places.

It’s important to note that the nearby foreshore and recreation ground are not affected by this proposal and the Council would continue to manage these spaces.

Options considered

Preferred option: Revoke the reserve status and return the land to Ngāti Wheke

Given the immense cultural significance of the site, the land would be returned for a nominal fee of $1.

Advantages

  • Aligns with the Council’s responsibility to administer the Reserves Act to give effect to the principles of Te Tiriti o Waitangi in accordance with section 4 of the Conservation Act.
  • Addresses long-standing concerns and cultural insensitivities around the use and management of the site.
  • Allows Ngāti Wheke to exercise their kaitiaki (guardianship) responsibilities to ensure the land, and all within it, are properly cared for, for future generations.
  • As owner, it allows Ngāti Wheke to apply to have the land set aside as a Māori Reservation under Te Ture Whenua Māori Act 1993, appropriately recognising the cultural significance of the site.
  • Reduces the Council’s reserve maintenance costs.

Disadvantages

  • Some community members are concerned about the loss of open space and public recreation space within the bay. However, there is adequate and appropriate public space within Pūrau via the adjacent Recreation Ground (3,610m²), which has a playground, toliet, stream, tree-shade, seating and open space and the foreshore public space along the bay.

Reclassify as a historic reserve with the land to remain in Council ownership

In earlier conversations, some community members suggested the Council should apply to have the site reclassified as a historic reserve and keep ownership of it, or appoint Ngāti Wheke as the reserve administering body.

Advantages

  • Reclassification of the site as a historic reserve would better reflect the cultural and historical significance of the site compared to its current status.
  • Management of the reserve could be changed to better reflect the historic and cultural values present.

Disadvantages

  • Changing the reserve classification to historic would not properly recognise the immense cultural significance of the site. An historic reserve classification, while arguably more appropriate than the current reserve status, does not provide the level of protection for the site that is considered necessary to protect its cultural and historical values. Those requirements are difficult to reconcile with the values of public access and enjoyment which underpin all reserve classifications under the Reserves Act.
  • Does not align with the Council’s responsibility to administer the Reserves Act to give effect to the principles of Te Tiriti o Waitangi in accordance with section 4 of the Conservation Act.
  • Mana whenua do not support this option.

Reclassify as a historic reserve and establish a co-governance group to oversee management of the site

Advantages

  • Enables a joint management approach to the land
  • A Co-governance group can be structured in any way
  • Reclassification of the site as a historic reserve would better reflect the cultural and historical significance of the site compared to its current status.
  • Management of the reserve could be changed to better reflect the historic and cultural values present.

Disadvantages / complexities

  • Potentially complex and administratively burdensome
  • As with Option 2, historical classification does not provide the level of protection for the site that is considered necessary to protect its cultural and historical values.
  • As with option 2, it does not align with the Council’s responsibility to administer the Reserves Act to give effect to the principles of Te Tiriti o Waitangi in accordance with section 4 of the Conservation Act.
  • The Council would still fund the maintenance
  • Mana whenua do not support this option.

Do nothing

Retain public reserve status and Council ownership of the land.

Advantages

  • Keeping the reserve as open space for public purposes could be seen as beneficial to some members of the community.
  • The Council could seek to inform and direct the public on appropriate behaviour and uses that reflect the cultural and historical significant of the site (e.g. by putting up signage).

Disadvantages

  • As with options 2 & 3, this option limits the ability to manage or control culturally insensitive and inappropriate activities that sometimes happen within the reserve.
  • Does not enable the Council to meet its obligations under Te Tiriti o Waitangi as it applies to administration of reserve land.
  • Ongoing costs of ownership and management of the site for the Council.
  • Does not support our strategic objectives which are to partner with Ngāi Tahu to achieve meaningful outcomes that benefit the whole community
  • Mana whenua do not support this option.

Other Pūrau projects

Pūrau Bay Landscape Development Plan

Separate to this proposal for 177 Purau Avenue, the Council is also developing a draft landscape development plan for the Pūrau Foreshore and Pūrau Recreation Ground.

The Council expects to seek the community’s feedback on the draft landscape plan in 2025.

Sea-level rise and coastal hazards

The Council will be seeking public feedback until on a Draft Coastal Hazards Adaptation Plan for Pūrau and five other communities in Whakaraupō Lyttelton Harbour and Koukourarata Port Levy. You can learn more about the plan and give your feedback from 17 October 2024 here.

As a coastal community, sea-level rise and its effects pose a significant risk for Pūrau.

Coastal flooding, coastal erosion and rising groundwater are all hazards the Council and the community need to factor in when it comes to thinking about the best ways to adapt to a changing climate and rising seas.

Returning 177 Purau Avenue to Ngāti Wheke would mean the hapū has direct control over the land’s future, allowing them to make decisions about how it is managed over time in the context of climate change. It would ensure the appropriate protection of this tapu (sacred) site in the hands of the people who can best look after it.