![]() |
Volume 5 Part 3: The Crown, The Treaty and the Hauraki Tribes 1800-1885 Supporting Papers |
![]() |
1 |
▲back to top |
![]() |
1.1 Cover |
▲back to top |
![]() |
1.2 i |
▲back to top |
![]() |
1.3 ii |
▲back to top |
First published in 1997 by
Hauraki Maori Trust Board
PO Box 33, Paeroa
Aotearoa New Zealand
ISBN 1-877198-07-2
© Hauraki Maori Trust Board
This report was commissioned by the Hauraki Trust Board
as part of its Waitangi Tribunal claim research programme.
Any views expressed and conclusions drawn are those of the author.
All rights reserved.
No part of this publication may be reproduced,
stored in a retrieval system, or transmitted in any form or by any means,
electronic, mechanical, including photocopying, recording or otherwise,
without the prior permission of the publisher.
Typeset by Wordset Enterprises Limited, Wellington
Printed by GP Print, Wellington, New Zealand
![]() |
2 Table of Contents |
▲back to top |
![]() |
2.1 iii |
▲back to top |
![]() |
3 Preface |
▲back to top |
![]() |
3.1 5 |
▲back to top |
PREFACE
This is the companion volume to Volume 4 The Crown, the Treaty, and the Hauraki Tribes, 1800-1885 by Robyn Anderson. It contains all the essential reference material that Dr Anderson considers necessary to support her report. There are three parts to this volume because the eighty documents that are reproduced, comprise just over 1,500 pages.
In Addition, the supporting papers referred to by David Alexander in his report The Activities of the Trust Commissioner are located in Part 3 of this volume. There are just over fifty documents comprising another 100 pages.
The Activities of the Trust Commissioner is a small self contained report included as Appendix III in Volume 4 The Crown, the Treaty, and the Hauraki Tribes, 1800-1885 by Dr Robyn Anderson.
The index to all supporting papers are set out in the preliminary pages found at the start of each part of this volume.
iv
![]() |
3.2 6 |
▲back to top |
THE CROWN, THE TREATY, AND THE HAURAKI
TRIBES 1800 – 1885: SUPPORTING PAPERS
PART 1 INDEX
Doc 1, pp. 1–6: Bunbury to Hobson, 6 May 1840, encl. 3 in Hobson to Russell, 15 October 1840. GBPP 1841 (311), p. 100; Bunbury to Hobson, 15 May 1840, encl. 6 in Hobson to Russell, 15 October 1840. GBPP 1841 (311), p. 103–4.
Doc 2, pp. 7–11: Clarke Report, encl. in Gipps to Russell, 7 March 1841. GBPP 1842 (569) pp. 93–100.
Doc 3, pp. 12–17: Judgment of Justice Chapman – The Queen v. Taylor, encl. 1 in Governor Grey to Earl Grey, 24 July 1849GBPP 1850 (1136), pp. 10–15.
Doc 4, pp. 18–37: Fairburn case file. OLC 1 590(repro 111) (extract)
Doc 5, pp. 38–49: Whitaker case file OLC 1 1130
Doc 6, pp. 50–53: Grey to Pakington, 9 November 1852, despatch No. 1, in despatches from Governor Grey, GBPP 1854 (1779), pp. 166–169.
Doc 7, pp. 54–59: Extract of Minutes of Executive Council, 24 November 1852, in despatch 121.G 8/8.
Doc 8, pp. 60–67: Wynyard for the Executive Council, 25 November 1852. G 8/8.
Doc 9, pp. 68–69: Agreement with Maori, 20 November 1852. New Ulster Gazette, 26 November 1852.
Doc 10, pp. 70–71: Preece to McLean, 7 August 1856. McLean Papers. Correspondence MS–Papers– 032–0516.
Doc 11, pp. 72–104: Turton's Epitome C.299–305, 310–316, 321–337.
Doc 12, pp. 105–110: New Zealand Gazette, 22 November 1861, pp.300–305
Doc 13, p.111: Despatch of Grey to Newcastle, 29 June 1862. GBPP 1863 (467), pp18–19.
Doc 14, pp. 112–19: Shortland to Fox, 2 November 1863. MA 1 1863/342
Doc 15, pp. 120–24: Outward Letterbook to Resident Magistrates and Civil Commissioners, 1865. MA 4/60.
Doc 16, pp. 125–148: Mackay Report, 23 June 1865. Le 1 1865/138.
Doc 17, pp. 149–161: Hauraki Claims. Compensation Court: Mackay's Awards. Waikato Confiscations. DOSLI Raupatu Document Bank, vol. 104, folders 3/16, pp. 40005–10; and 3/17, pp. 40013–19.
Doc 18, pp. 162–176: Proceedings of Compensation Court, Wairoa Block, File 1/3, Waikato Confiscations. DOSLI. Raupatu Document Bank, vol.102, pp. 39142–39156.
Doc 19, pp. 177–185: Royal Commission re Native Grievances, NLC File 13/H. Wairao and Otau Blocks. Raupatu Document Bank, vol. 51, pp. 19900–7.
![]() |
3.3 7 |
▲back to top |
Doc 20. pp. 186–194: Le 1/1869/124 Letters from certain Natives objecting to the taking of lands beween High and Low water mark at Shortland for gold mining.
Doc 21, pp. 195–317: Le 1/1869/133 Correspondence between the Government and James Mackay, Civil Commissioner, from 1st June 1868 to 5th May 1869.
Doc 22, pp. 318–321: NZPD 1868, vol. 1, pp. 27–8; vol.2, p. 247–8
Doc 23, pp. 322–328: The Auckland Gold Fields Proclamation Validation Act, 1869.
Doc 24, pp. 329– 334: NZPD 1869, vol. 6, pp. 833, 876, 899–905.
Doc 25, pp. 335–340: Evidence at Kauaeranga, Hauraki Minute Book 4, pp. 231–234, 236–237.
Doc 26, pp. 341–347: Judgment at Kauaeranga, December 1870. Hauraki Minute Book 4, p. 235.
Doc 27, pp. 348–352: Pollen to McLean, 31 August 1870; 12 June 1871. McLean Papers. Correspondence. MS–Papers–0032–0507 and –0508.
Doc 28, pp. 353–367: Power to McLean, 10 October 1871, 15 April 1873 (extracts of). McLean
Papers (partial typescript) MS–Papers–1347.
Doc 29, pp. 368–418: Memoranda and Registered Files, Native Affairs Department. MA 1/16/ 1854.
Doc 30, pp. 419–515: Extracts of evidence re Karaka and Te Hape, 26 August 1872. Hauraki Minute Book 7, pp. 119–215.
Doc 31, pp. 516–517: Approximate map in Puckey memorandum, 2 April 1872. Papers relative to the extinction of the Native Title to the Thames Foreshore. Auckland Provincial Council Session Papers, xxix, 1873–4. NZ MS 595. APL.
Doc 32, pp. 518–524: NZPD 1873, vol. 14, pp. 526–528; vol. 15, p. 1007–1010, 1263–64.
Doc 33, pp. 525–544: Auckland Provincial Government General Inwards Correspondence. AP2/72/3512.
PART 2
Doc 34, pp. 545–573: Proceedings of Native Meeting Held at Thames on 11 & 12 December 1874. MS–Papers–2520.
Doc 35, pp. 574–577: Alley to Grey, 29 March 1875. Auckland Provincial Government General
Inwards Correspondence. AP 2 29/980/75.
Doc 36, pp. 578–614: Petition of Epiha Taha and other Natives of Ohinemuri, 18 August 1875. Papers brought before Parliament and Select Committees. Le 1/1875/12.
Doc 37, pp. 615–634: Petition of Ohinemuri Natives. Papers brought before Parliament and Select Committees. Le 1/1876/7.
Doc 38, pp. 635–652: Petition No.395 from Hoterene Taipari anr. Papers brought before Parliament and Select Committees. Le 1/1877/5.
Doc 39, p. 653: Third schedule to Public Works Appropriation Act, 1878.
Doc 40, pp. 654–662: New Zealand Gazette, 16 May 1878, pp. 600–8.
vi
![]() |
3.4 8 |
▲back to top |
Doc 41, pp. 663–676: Wilkinson Report, 1 July 1879. Native Land Purchase Department
registered File. MA–MLP 1 1879/202.
Doc 42, pp. 677–685: Lewis evidence, 29 June 1880. Le 1/1880/6.
Doc 43, pp. 686–692: E W Puckey, 31 July 1880. In Hauraki Gold Field Petition, Treasury Statement Relative to MA 13/35 (c).
Doc 44, pp. 693–694: Rawiri Taiporutu, 21 May 1882. Ohinemuri Goldfields special block file. MA 13/54(a)
Doc 45, p. 695: Return of Goldfields Revenue from August 1867 to June 1882. Mines
Department Registered File. MD 1 82/714.
Doc 46, pp. 696–699: Kenerick to Under Secretary Gold Field, 27 December 1884. Mines
Department Registered File. MD 1 85/2.
Doc 47. p. 700: Return showing the amount of Gold Fields Revenue, 1877–1883. Papers brought before Parliament and Select Committees. LE 1 1883/138
Doc 48, pp. 701–719: Report on the question of Miners' Rights. NO 89/1255. Justice Department Inward Letters. J 1/96/1548.
Doc 49, pp. 720–964: MA–MLP 1 1885/18 Maori Affairs Head Office file.
Doc 50, pp. 965–1009: MA 13/44 Extracts from Komata special block file.
Doc 51, pp. 1010–1025: NLP 89/388, in MA 13/64 (b) Piako special block file.
Doc 52, pp. 1026–1237: Statement of the facts and circumstances affecting the Ohinemuri Block. MA 13/35 (b). Hauraki Gold Fields Special block file.
PART 3
Doc 53, pp. 1238–1325: Turton Deeds: Mahurangi District, 192–193, 198–199; Auckland District, 207, 219, 221, 233, 247; Private Land Purchases, 347; Coromandel District, 292–313, 333–346; Piako District, 394–403; Hauraki District, 357–359, 386–387.
Doc 54, pp. 1326–1331: AJHR 1862, E–7, pp. 11–16: Reports on the State of the Natives on the Arrival of Sir George Grey.
Doc 55, pp. 1332–1336: AJHR 1863 D–8, pp.1–5: Papers Relative to the Probability of Finding Gold at the Waikato and Thames.
Doc 56, p. 1337: AJHR 1863 E–3, p. 62: Despatches from the Secretary of State and the
Governor of New Zealand (Section 1: Grey).
Doc 57, pp. 1338–1339: AJHR 1863 E–7, pp. 8–9: Colonial Responsibility.
Doc 58, pp. 1340–1360: AJHR 1867 A–20, pp. 7–27: Papers relative to Affairs at Tauranga.
Doc 59, pp. 1361–1397: AJHR 1869 A–17, pp. 3–36 with maps: Report by Mr Mackay on the Thames Gold Fields.
Doc 60, pp. 1398–1400: AJHR, 1869 F–2, pp. 3–4: Report of the Public Petitions Committee on the Petition of Thirteen Natives owning Land at the Thames Gold Fields.
vii
![]() |
3.5 9 |
▲back to top |
Doc 61, pp. 1401–1416: AJHR 1869 F–7, pp. 3–18: Report of the Select Committee on the Thames Sea Beach Bill.
Doc 62, pp. 1417–1430: AJHR 1870 A–19, pp. 1–16: Correspondence Relative to Ohinemuri and Native Matters at the Thames.
Doc 63, pp. 1431–1432: AJHR 1871 A–2A, pp. 43–4: Case of Ngakapa Whanaunga and Papers with reference to Survey.
Doc 64, pp. 1433–1435: AJHR 1872 H–11, pp. 3–5: Report of Select Committee on Native Affairs.
Doc 65, pp. 1436–1452: AJHR 1873 G–8, pp. 1– 17: Reports of Officers engaged in the Purchase of Native Lands.
Doc 66, pp. 1453–1461: AJHR 1873 I–2, pp. 1–9: Report of Select Committee on the Timber Floating Bill.
Doc 67, pp. 1462–1476: AJHR 1875 C–3, pp. 1–9: Correspondence Relating to Claims Upon Lands Taken Over by the Province of Auckland from the General Government; C–3A, pp. 1–4: Further Correspondence; C–3B, p. 1: Return of Names of Europeans from whom Lands etc have been Purchased; C–3C, p. 1: Return of Lands Purchased by Government from Europeans in Waikato.
Doc 68, pp. 1477–1491: AJHR 1875 I–1, p.iii–iv, 1–13, 34–5, 64–71: Report of Tairua Investigation Committee (extracts of).
Doc 69, pp. 1492–1493: AJHR 1876 I–4, pp.6–7: Reports of Native Affairs Committee.
Doc 70, pp. 1494–1495: AJHR 1877, G–1, pp. 4–5: Reports from Officers in Native Districts.
Doc 71, pp. 1496–1498: AJHR 1877 G–7, pp.6–11: Purchase of land from the Natives.
Doc 72, pp. 1499–1502: AJHR 1877 J–3, pp. 1–4: Petition of Reha Aperahama and 47 Others.
Doc 73, pp. 1503–1509: AJHR 1879 G–6, pp.1–7: Reports by Puckey, Native Agent, Thames, relative to Native Disturbance at Ohinemuri.
Doc 74, pp. 1510–1511: AJHR 1880 G–4, pp. 4–5: Reports from Offiers in Native Districts.
Doc 75, pp. 1512–1515: AJHR 1881 G–8, pp. 8–11: Reports form Officers in Native Districts.
Doc 76, pp. 1516–1517: AJHR 1882 G–1, pp. 3–4: Reports from Officers in Native Districts.
Doc 77, pp. 1518–1520: AJHR 1884 C–2, session II, pp. 5–7: Lands Purchased and Leased from Natives in the North Island.
Doc 78, pp. 1521–1532: AJHR 1885 G–1, pp. 30–41: Notes of Native Meetings
Doc 79, p. 1533: AJHR 1886 G–1, p. 10: Reports from Officers in Native Districts
Doc 80, pp. 1534–1545: AJHR 1891 G–1, pp. 35–44: Report of the Commission of the Native Land Laws.
viii
![]() |
3.6 10 |
▲back to top |
THE ACTIVITIES OF THE TRUST COMMISSIONER SUPPORTING PAPERS
INDEX
|
Type |
Title |
Doc. No. |
|
AJLC |
Report of Committee on Native Reserves Bill. AJLC 15–8–1870. pp 8–9 |
#1–2 |
|
NZPD |
Speech of H Sewell. 29–8–1870. NZPD Vol 9 pp 359–362 |
#3–5 |
|
NZPD |
NZ Parliamentary Debates. Vol. 9 p 362 |
#5 |
|
NZPD |
NZ Parliamentary Debates. Vol. 9 pp 362–364 |
#5–6 |
|
NZPD |
NZ Parliamentary Debates. Vol. 9 pp 364–365 |
#6 |
|
NZPD |
NZ Parliamentary Debates. Vol. 9 pp 365–366 |
#6–7 |
|
NZPD |
NZ Parliamentary Debates. Vol. 9 P 455 |
#8 |
|
NZPD |
NZ Parliamentary Debates. Vol. 9 P 564 |
#9 |
|
NZG |
The Native Lands Frauds Prevention Act 1870 |
#10–12 |
|
AJHR |
Instructions to Trust Commissioners. AJHR 1871 G–7A |
#13 |
|
AJLC |
Instructions to Trust Commissioners. AJLC 1871 p 162 |
#14 |
|
AJHR |
Report of the Trust Commissioners Year ended 31–5–1871. AJHR G–7 |
#15–29 |
|
AJLC |
Orders of Reference for Comm. to Inquire into Council report. P 53 |
#30 |
|
AJLC |
Report of Committee of Legislative Council AJLC P 142 |
#31 |
|
NZG |
The Native Lands Fraud Prevention Act Amend. Act 1873. NZG P 167 |
#32 |
|
NZG |
NZ Gazette. 1871 P 275 |
#33 |
|
NZG |
NZ Gazette. 1872 P 3 |
#34 |
|
AJHR |
Trust Commissioner to Agent for General Government 1871 G–7 |
#16–19 |
|
NZG |
NZ Gazette 1871 p 1 |
#35 |
|
MA |
Trust Comm. Auck. to Undr Sec. Native Dept. N&D 1874/6814 |
#36–37 |
|
NZG |
NZ Gazette 1874 pp 810–812 |
#38–40 |
|
NZG |
NZ Gazette 1871 p 277 |
#41 |
|
NZG |
NZ Gazette 1873 p 30 |
#42 |
|
AJHR |
Trust Comm. Auck. to Native Min. AJHR 1877 G–6 |
#43–44 |
|
MA |
Trust Comm. Auck. to Native Min. MA Head Office papers |
#45–48 |
|
AJHR |
Trust Comm. Auck. to Native Min. AJHR 1876 G–8 |
#49 |
|
AJHR |
Trust Comm. Auck. to Native Min. AJHR 1877 G–6 |
#43–44 |
|
NZG |
The Native Lands Fraud Prevention Act 1881 |
#50–53 |
|
NZPD |
NZ Parliamentary Debates, Vol. 38 pp174–176 |
#58–59 |
|
NZPD |
NZPD Vol. 35 pp 225–227, Vol 37 pp 59–60, Vol. 38 pp 174–176 |
#54–59 |
|
NZPD |
NZPD Vol 37 pp 59–60 |
#56–57 |
|
NZG |
NZG 1882 pp 258–260 |
#60–62 |
|
NZG |
NZG 1882 p 686 |
#63 |
|
NZG |
NZG 1882 p 791 |
#64 |
|
NZG |
NZG 1883 p 1359 |
#66 |
|
NZG |
NZG 1883 p 1358 |
#65 |
|
MA |
Native Min. to US Native Dept 21–4–1885 NO 1886/636 |
#67–69 |
|
NZG |
NZG 1885 p 512 |
#70 |
|
NZG |
Notice by US Native Dept. 9–6–1885. NZG 1885 p 760 |
#71 |
|
NZPD |
NZPD Vol. 54 p 463 |
#72 |
|
NZPD |
NZPD Vol. 62 pp 15–16 |
#73 |
|
NZPD |
NZPD Vol. 63 pp 460–1 &475 |
#74–75 |
|
NZG |
Native Lands Frauds Prevention Act NZG 1888 pp137–139 |
#82–83 |
|
NZPD |
NZPD Vol. 65 pp 380–381 |
#84 |
|
NZPD |
NZPD Vol. 66 pp 261–265 |
#85–87 |
![]() |
3.7 11 |
▲back to top |
![]() |
3.8 12 |
▲back to top |
![]() |
4 Part 3 |
▲back to top |
![]() |
4.1 13 |
▲back to top |
MAHURANGI DISTRICT. 251
PROVINCE OF AUCKLAND.
VI—MAHURANGI DISTRICT.
Deeds—No, 192.
1841
13
MAHURANGI AND OMAHA BLOCK, MAHURANGI DISTRICT. 13 April.
KIA MOHIA nga tangata kaioa i tenei Pukapuka ko maniou nga Raugatira me nga MAHURANGI
tangata o Ngatipaoa o Ngatimaru o Ngatitamatera Ngatiwanaunga, ka tuku ka hoko DISTRICT
atu nei i enci kainga o matou (ko) Mahurangi ko Omaha nga ingoa) me nga kainga MAHURANGI AND
katon e takoto ana i roto i nga rohe o tuhituhia ana ki tenei Pukapuka kin te Karaha te OMAHA.
kni tiaki o Tangata. Maori mo te Kuini o Ingarangi mo oua uri iho mo telahi
tangata wahine ranei e waiho ai e Ingarangi hei kingi hei kuini ranei ake tenu atu te whenua nga rakau katoa nga wai katoa nga awa katoa nga keringawai katon, nga taiapa.
katon nga motu. katoa (kihai i hokoua i mua ake nei) me nga aha noa iho i runga i raro
o enei kainga katoa a .matou ko te Waimai a te Taner e kapea ki waho hei nohoanga mo
matou ha hokona. hatoaCka nei c matou kin te Karaka to hai o nga Tangata Maori
mo te Kuini o Ingarangi hei kainga mo te knini o Ingarangi mo ona uri iho me tetahi
tangata wahine ranei e waiho ai e Ingarangi hei kingi hei kuini ranei ake tonu atu.
Ko te rohe ki te Hauraro ka timata i te Arai ka haere. ki uta a te kaka e maro ana Boundaries.
ki uta heke noa. ki te kouru o Wangateau ka piki heka noa ki te kouru a Waihe ka
takoto i te mania ka piki heke noa ki te kouru o Puhoe ka piki heke noa ki te kouru o
Waiwera wera ka piki ka haero i te taukaka heke noa ki te puku hi 1e rohe o to kainga
to Teira ki te Weiti to putauga ko te totoanga ki Kaipara ko Waitemata te rohe ki te
Tonga a te tomokanga ra ano ko te rohe ki te Marangai ko te Moana haere atu i te
tomokanga o Waitemata a haere tonu a te Arai ra ano me nga motu katoa o tenei taha-
tika me nga wahi katoa kahore i hokona i mua ake nei kei roto i nga rohe e tuhituhia
ana ki tenei Pukapuka.
Ka tangohia nei e matou nga utu me matou kainga ka tuhituhia nei ki tenei Receipt for cash and Pukapuka koia enci e wha rau paraikete e ono tekau nga koroku e rua rau pauna, moni goods.
kotahi rau nga kaone e rua nga hoiho e rua nau kau e rua ran Tarantele e toru tekau
nga koti kotahi rau kiepa e wha nga kaho Tupeka e ono peke paraoa e rua peke raihi
kotahi peke Huka Tirohia hoki o matou ingoa me o matou tahu ka tuhitubia nei ki
tenei Pukapuka i tenei ra i Waitemata i te tahi tekan ma taru o Aperira i tenei tau o
to tatou Ariki kotahi mano o waru rau e wha to kau ma tahi i te tirohanga o enei.
Ko Paora. Ko Wiremu Hoete.
Ko Ngakete. Te tohu x o waitaugi.
Ko Pouroto. Te tohu o Kahukoti.
Ko te tohu x o te Puia. Te tuhu x o Taiko.
Ko te tohu x o Taranui. Te tohu x o Wakaturia.
Ko te tohu x o Haua. Te tohu x o Hakopa.
Ko te tohu x o to Wera. Te tohu x o Mohi.
Ko te tohu x o Irirangi. Te tohu x o Hohepa.
Ko te tohu x o Te Kepa. Te tohu x o Muriroa.
Ko te tohu x o Nuku. Ko te tohu x o te Raho.
Ko te tohu x o te Ruinga. Ke to tohu x o te Ware.
Kai-titiro—
David Rough, Harbour Master.
Jno, S. Montefiore.
|
J. Coates. Henry Tucker. Ko nga utu enei ka riro mai i a Ngatiwatua mo tetahi o to ratou wahi i roto i nga rohe kua oti to tuhituhi ki tua o tenei Pukapuka Kotahi rau pauna moni Kotahi Hoiho me te nohoanga me te paraire Kotahi Poti. Tirohia o matou ingoa i tenei ra te rua tekau ma iwa o Hune i tenei tau o to tatou Ariki 1841. Ki te tirohanga o enei kaititiro. |
1841.
| |
|
Receipt for cash and goods. | ||
|
Kai–titiro— Wm. L. Standinger. Ja. Stuart Freman, E. Eliott. |
Na Tautari, Ko te tehu o x te Horo. Ko te tohu o x Kaiarero. |
Ko te tohu o x Parengeu. Ko te tohu o x Titahi. |
![]() |
4.2 14 |
▲back to top |
z
252 PROVINCE OF AUCKLAND, [1841
MAHURANGI AND
OMAHA
continued,
3 January, 1842.
Receipt for cash and
goods.
1841.
13 April.
MAHURANGI
DISTRICT.
MAHURANGI AND
OMAHA.
Receipt for cash and
goods.
1341,
29 June,
Receipt for cash and
goods.
1812
3 January.
Receipt for cash and
goods.
Ko nga utu onei kurt riro mai i a Ngatiwatua mo in ratou wnhi katoa i roto i nga
rohe kua tuhi tuhia ki tun o tonei Pukapuka o toru Hoiho o rua nohoanga, e rua
parairo o wa tekau Paraikete o toru rau pauua moni i to torn o nga ra o Henuori i to
tau o to tatou 1842.
Na Paora. Na' te Hira.
Na to Rowoti. No te Kawau.
Kai-titiro—
W. A. Cooper.
John Grant Johnson.
George M. Mitford.
TRANSLATION.
KNOW a11 people by this document that WO the Chiefs and people of Ngatipaon Ngati-
maru Ngatitamatern And Ngatiwhanatinga cedo and dispose of those places of ours
(Mahurnagi and Omaha) and the places lying within the boundaries described in this
document to Mr. Clarke Protector of' Aborigines on behalf of the Queen of England hor
heirs or some man or woman who may be chosen by England to be King or Queen for
ever The land all the trees the writers all the streams all the ditches all the fences all
the forests (not already disposed of) upon or under the whole of this place of Ours --To
Waimnti a to Tumu being excepted as a place of residence for us—we se11 to Mr, Clarke
Protector of Aboriginos on behalf of the Queen of England a place for the Queen of
England Her Heirs or some man or women who may be chosen by England to be King
or Queen for Over: The boundary on the North commences at Te Arai thence inland
to the ridge which runs inland it then descends to the source of Whanagateau then up
and down again to the source of Waiwerawera thenco up and along the ridge to the hill
on the boundary of Te Teira's place to the Wade it comes out at the Kaipara, portage
Waitemata is the boundary on the South to its ontranco the boundary on the East is
the sea from the enirance to Waitemata to To Arni together with all the islands on the
Coast and all the places not disposed of formerly within the boundaries described in this
Deed.
We acknowledge the reccipt of the payment for our places named in this Deed
thin is the payment : 400 blankots, 80 cloaks, £200 cash, 60 gowns, 2 horses, 2 head of
cattle, 200 pairs of trousers, 30 coats, 100 caps, 4 casks of tobaceo, 8 bags flour,
2 bags rice, and 1 bag sugar.
Witness our numes and marks written under this deed on this day at Waitemata
on the 13th day of April in the year of Our Lord One thousand eight hundred and
forty one.
In the presence of—
[Wit nesses.]
[Signatures]
This is the payment received by Ngatiwhatua for part of their land within the
boundaries described on the back of this Document .£100 cash, one horse, saddlo and
bridle, and one boat. Witness our names on this day the 29th day of June in the Year
of Our Lord 1841 in the presence of these witnesses.
[Signatures]
[Witnesses.]
This is the payment received by Ngatiwhatua for all their places within the
boundaries described on the back of this Document : horses, 2 saddles, 2 bridles,
40 blankets, and £30 cash, on the 3rd day of January, in the Year of Our Lord 1842.
[Signatures.]
[Witnesses.]
Correct Translation.
T. E. YOUNG,
Translator, Native Department.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, October 28th, 1874.
1841.
31 May Deeds—No. 193.
MAHURANGI
DISTRICT
SALE OF INTERESTS OF POMARE AND TRIBE IN MARURANGI PURCHASE
KIA mohio nga tangata katoa i tenoi Pukapuka ko ahua ko Pomare ka tuku atu ki a to
Karaka to kai tiaki o nga tangata Maori mo to Kuini o Ingaraui oku wahi me nga wahi
katoa ano hoki n toku lwi i roto o to Kaha o to kainga kua tukun nei e Ngatipaoa mo
te Kuini ko nga utu enei ki a hau kotahi Kaipuke o rima tekau o nga Pauna Moni. Na
tirohia taku. Ingoa me taku tohu i tenei toru tekau inn tahi o nga ra o Mei i te tau o to
tatou Ariki kotahi mano o waru rau e wa tekau ma tahi.
Ko to tohu x n Pemare. Na Ripiro x.
Ko to tohu x o Toanginga. Na Maukino x .
No Tako x. Na te Pa x.
NA Tunca x.
|
Kaititiro— Gee. Cooper, Treasurer, Edward M. Williams. Peter White, Mounted Police, True Copy, Augt. 30th, 1956. G.S. Cooper, D.C. |
GEORGE CLARK N Chief P.A. |
1841
31 May.
MAHURANGI
DISTRICT
MAHURANGI.
Receipt for reseal,
and £50 cash.
![]() |
4.3 15 |
▲back to top |
1841-51] MAHURANGI DISTRICT. 253
TRANSLATION.
KNOW all people by this document that I Pomare give up to Mr. Clarke Protector of
Aborigines, on behalf of the Queen, my places and all the places of my tribe within the
boundaries of the place sold by Ngatipaoa to the Queen. This is the payment made to
me: One vessel and £50 cash.
Witness my name and mark on this 31st day of May in the year of our Lord 1841.
[Witnesses.] [Signatures.]
Correct Translation.
T. E. YOUNG,
Translator Native Department.
A true transcript of certified copy of Original Deed and Translation.
H. HANSON TURTON
Wellington, February 7th, 1876.
Deeds—No. 194.
SALE OF RESERVE AT MAHURANGI BY NGATIWHANAUNGA.
Akarana Aperira 25, 1844.
WAKARONGO mai e nga tangata katoa ki tenei pukapuka a to Horeta ara a nga tangata
katoa o Ngatiwhanaunga kua tukua e matou kia te Kawana te wahi whenua i whakata-
pua e Ngatipaoa (kua tukua mai e Ngatipaoa mo matou) ko nga rohe ko te Tumu ko
Waimai ka whakamahuetia tonutia atu ki a te Kawana ko te utu tenei mo to wakama-
huetanga e wha rau pauna Tupeka ua ka tuhi tuhia toku ingoa ki raro nei i tenei rua
tekau ma rima o nga ra, o Aperira i te tau o to tatou Ariki 1844.
Te tohu x o TE HORETA.
Te tohu x o TE KITAHI.
Witness—Henry T. Clarke.
TRANSLATION.
Auckland, April 25, 1844.
HEARKEN all people to this document by Te Horeta, that is by all the people of Ngati-
whanaunga we have ceded to the Goveruor the piece of laud reserved by Ngatipaon
(which Ngatipaoa have given to us) the boundaries are Te Tumu and Waimai We give
this land up altogether to the Governer. The payment for giving up this land is four
hundred pounds of tobacco: And I have hereunto signed my name this 25th of April,
in the year of our Lord 1844.
[Witness.]
Correct Translation.
T. E. YOUNG,
Translator, Native Department.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, October 28th, 1874.
Deeds—No. 195.
PUKEKOHE, LAND AT TE WEITI MAHURANGI DISTRICT.
Ko TE TUHITUHINGA o tenei pukapuka i te ra kotahi tekau o Tihema kotahi mano waru
rau rima tekau ma tahi te whakaaetanga o maton nga Rangatira o Ngatiwhatua te
whakaaetanga ano hoki o to Kuini o Ingarani mona na ko matou nga tangata i te
kainga e tuhituhia nei ki tenei pukapuka ki te hoko i tenei whenua ki a Kuini Victoria
hei utu mo nga pauna moni e ono ka ho atn nei ki a matou no konei ka ho atu nei ka
tuku atu nei ki a Victoria te Kuini o Ingaraugi ki te Kingi Kuini ranei o muri i a ia
ake ake ake i taua whenua 'me nga aba noa ibo aha noa iho o tenei kainga ko ona robe
koia enei, ki te kotiu ko te awa ko to Orewa kei te Marangai ko te whenua o te Kuini
ki te Tonga ko te awa ko te Taruna koia tenei ko to robe o te whenua o te Hatfield i
mua kei te Hauauru hei rains (line) ko te timatanga ki te awa ko te Taruna a tika tonu
ki te awa iti ko te Marai Ariki a tika tonu ki te raina o te Kuini ki to puke ko te Run
Taniwa ko te ahua o te raina 57º 0'0" E—kua tuhituhia te ahua o te oneone ki tua nei.
[Signatures.] (Sd.) Ko TE PARA.
Tirohia ta matou ingoa—
I te aroaro o—
TE WAIROA.
KEENE.
1841.
31 May.
MAHURANGI
DISTRICT.
MAHURANGI.
Receipt for Vessel,
and £50 cash.
1844.
25 April.
MAHURANGI
DISTRICT.
MAHURANGI
RESERVE.
Receipt for 400lbs.
tobacco.
1844.
25 April.
MAHURANGI
RESERVE.
Receipt for 4001bs.
tobacco,
1851.
10 December.
MAHURANGI
DISTRICT.
PUKEKOHE.
Boundaries.
(Sd.) James Baber, Clerk, Surrey Office.
George F. Swainoon, Survey Office, Auckland,,N.Z.
Knit rim mai i a matou nga pauna moni e ono kua tuhituhia nei ki rote ki tenei Receipt for £6. pukapuka • koia matou ka tubituln nei to matou ingest i tenei ra kotahi tekau o Tihema 33
![]() |
4.4 16 |
▲back to top |
256 PROVINCE OF AUCKLAND,
MAHURANCI
continued.
Receipt for £150.
turning to the East in the River of Whangateau and on to the Coast on the East by
Ocean.
A sketch of this Land is on the other side of this Deed.
Witness our names—
(Signed) PARIHORO. MIROU.
TAWHITU. NOAKOTI.
RAMEKA,
Witness —
John Grant Johnson, Interpreter.
Receipt for £150 Received by us 150 Pounds as agreed to in this Deed hence our eigning these
names on this day the 1st of November in the year of our Lord 1853.
(Signed) PARIUONO. MIROU.
TAWHITU. NOAKOTI.
RAMEKA.
Witnesses —
(Signed) John Grant Johnson, Interpreter.
James Baber, Draftsman,
(Signed) John White, Interpreter.
A True Translation.
JOUN WHITE,
Interpreter.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, Sept. 10th 1574.
1853.
7 November.
MAHTRANGI DISTRICT.
MAHURANCI.
Interests of Haimona
and Tinuon.
Boundaries,
Receipt for £30.
1853,
7 November.
MAHURANGI
DISTRICT.
MAHURANCI.
Interests of Haimona
and Tinaou,
Boundaries,
Deeds—No. 198.
MAHURANGI BLOCK (HAIMONA'S CLAIM), DISTRICT OF MAHURANGI.
Ko TE TUHITURINGA o tenei pukapuka i to ra to 7 o Noeina kotahi mano waru rau in
rima tokau ma toru to whakaaetanga o nga Rangatira o To Ara raua ko Haimoua Pit
to whakaaetanga ano hoki o to Kuini o Ingarani mona, na ko To Ara raua ko Haimon
Pita nga taugatn i to kainga o tuhituhia nei ki tenei pukapuka, na ka whakaae nei rau
hel utu ino inn nga pauna o rua (ekau ki a Te Ara—ko tahi tekau ki a Haimona Pita k
hoatu nei ki a matou nokonei ka hoatu nei ka tuku atu nei ki a Victoria to Kuini
Ingarani. ki to Kingi, Kuini ranei o muri i a in ake, ake, ake, i tana whenua n ahi
noa iho, aha noa aho o tenei kaiuga, ko ona rohe koia enci ko to tukunga raw nga
Mahurangi — ara a to whenua i bokona i mua — ka timata i Takapuna — a haero tonu k
te Arai te rohenga atu ki raro — hoia ka tuhituhia ki tera taha o te pukapuka kua tuhi
tuhia\_te ahua o to oncone ki tua nei. Tirohia.
TE ARA TINANA, HAIMONA PITA,
Na i mo inaku o tuhi tuhi, uana i men maku o tuhituhi,
IA PIATA. ina PAORA. KAWARU.
I to aroaro o—
John White, Interpreter.
James Baber, Survey Office.
Kua riro mai i a maua nga moni—o torn tekau panna hua tuhituhia nci ki roto ki
tenei pukapuka ; Koia matou ka tuhituhi nei i to maun ingoa i tenei ra i to 7 o Noema
i to tau o to tatou Ariki, kotahi mano waru ran ma rima tekau ma toru.
ARA TINANA na i mea maku c tu
Ihi tubi MA PIATA.
HAIMONA PITA,
nana i mea maku o tuhituhi,
ina PAORA, KAWARU.
I tc aroaro o —
John White, Interpretor.
James Baber, Survey Office.
TRANSLATION.
THIS DEED entered into on the 7th of November in the year One thousand eight hundred
and fifty threo being the consenting of the chiefs the Ara and Haimona Pita the consenting
also of the Queen on her part now the Ant and Haimona Pita the owners of the Land
described in this Deed do now both agree for the sum of £20 for the Ara and £10 for
Haimona now given to us for this we give up and make over to Victoria the Queen of
England and Her Heirs and Successors for ever this Land and all thereto belonging, the
Boundaries are these being the final unreserved giving up of Mahurangi that is the
Land bought many years ago beginning at Takapuna and on to the And being the
Boundary on the North according to the plan on the back of this Deed,
(Signed) TE. ARA. TINANA.
Signed by me by request of the Ara,
APIATA.
![]() |
4.5 17 |
▲back to top |
1853-54] MAHURANGI DISTRICT.
(Signed) HAIMONA PITA. MAHURANGI
continued.
Signed by me, requested by Haimona,
PAORA KAWHARU.
Witness-
(Signed) John White, Interpreter.
(Signed) James Baber, Survey Office.
Received by us the £30 as agreed to in this Deed hence our writing these our Receipt for £30.
names on this the 7 of November in the year of our Lord 1853.
[As above.] [As above.]
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, Sept. 21st, 1874.
Deeds-No. 199.
MAHURANGI BLOCK (NGATIPAOA CLAIMS), MAHURANGI DISTRICT.
TE TUHITUHINGA o tenei Pukapuka i to 5 o nga ra o Hanueri i to tau 1854 To whaka-
netanga o nga Rangatira o Ngati Papa, nga Tangata e mau iho nei nga ingon i raro, te
whakaactanga ano hoki o to Kuini o Ingarangi mona na ko matou ko nga Rangatira o
Ngati Paoa, nga Tangata o to kainga c tuhituhia nei ki tenci Pukapuka on ha whakaao
nei ki to hoko i tcnoi whenua kia Kuini Wihitoria hei utu mo nga moni ma Taraia £20
ma Patcne £5. 0. 0. ma Irai 5. 0. 0. ma Hura 5. 0. 0. ma Pita 5 .0.0. ma
Wiremu Pori 5 . 0 . 0. ma Rawiri Takurua 5. 0. 0. ma Hohepn. Tabu 5 .0 .0. ma
Arama Karaka , 5. 0.0. ma Rahi 5 . 0 . 0 . ma Henare 5 . 0. 0. ma Maihi 5 . 0 . 0 . ma
Maka 5. 0. 0 . ma Paora £5. 0. 0. ma Matin £5. 0. 0. nakonei ka hoatu nei ka tuku
atu nei kia Victoria to Kuini o England me nga Kingi mo nga Kuini i muri i a ia ako
ake, i tenei whenun me nga aha mo nga aha katoa o tenci whcnua ko ona roho koia cnei,
ko to tukunga rawatanga o Mahurangi ara o tc whenua i hokona i mua ha timata i Taka.
puna a haere tonu ki to Arai to weheuga atu ki raro, koia ka tuhituhia ki tera taha o tc
Pukapuka nei.
Taraia x tana tohu. hei omatou ingoa.
Patene x tana tohu. Aram Karaka x tana tahu.
Patene x tana tohu mo Irai. Taraihe x tana tohu.
Hura x tana tohu. Henare.
Pit a x tana tohu. ma i hi.
Wiremu Pori x tana tohu. maka. Matiu.
Rawiri Takarua x tans, tohu. paora.
Hohepa Tabu x tana tohu.
Kai-titiro—
Wiremu Hoete.
Ruikakara.
C. L. Nugent, Native Secretary.
John White, Interpreter.
1854.
5 January.
MAIIURANGI
DISTRICT.
MAHURANCI. Interests of Ngatipaoa.
Boundaries.
Kim riro mai i a matou nga moni i whakaaetia mo matou i tenei Pukapuka koia o Receipt for £120.
matou ingoa i tuhia tenni ra ite 5, o Hanueri 1854.
Tarain x tanat tohu. Rawiri Takarua x tana tohu.
Patene x tana tohu. Arama Karakn x tona tohu.
Patene x tana tohu mo Irai. Taraiha x taua tohu.
Hira x tana tohu. Hahepa Henare.
Tabu x tana tobu. ma i hi.
Pita x tana tohu. "Maka. paora.
Wiremu Pori x tana tohu. Matiu.
Wiromu Hocte.
C. L. Nugont, Native Secretary.
John White, Interpreter.
Ko matou ko nga Tangata i nga ingoa o luau the nei, kua korerotia e matou nga Consent of other
korero itua o tonei Pukapuka, a o whakaae ana matou ki nga men me nga tikanga katoa claimants.
oia korero o tenei Pukapuka, a ho whakane tenei kito rirongn mai o nga moni kua tuhia
nei o matou ingon kito taha, koin nei matou ka tuhi tuhi i o ma ou ingoa i teuei ra o
Hanueri ito 17th 1854.
Hauauru £5. Rawiri £5.
takurun £5. Taniat a £5.
Hoera £5. Wiremu to Rauroha £5.
Witness to signatures —
John G. Johnson, Interpreter.
C. O. Davis, Interpreter, Auckland.
![]() |
4.6 18 |
▲back to top |
258 PROVINCE OF AUCKLAND, [1854
1864.
5 January.
MAHURANGI
DISTRICT.
MAHURANGI.
Interests of
Ngatipaoa.
Boundaries.
Receipt for £120,
TRANSLATION.
TIHS DEED written on the 5th of January in the year of our Lord one thousand eight
hundred and fifty four the consenting of the Chiefs of the Ngatipaoa — the men whose
signatures appear below—also the consenting of the Queen of England on her part — Now
know yo that we the Chiefs of the Ngatipaoa the owners of the land hereinafter deser
have agreed to sell this land to Victoria Queen of England aforesaid in considerasion
of the sum of One hundred and twenty Pounds—To Tarim £20, Hauaurn £5, Patere £5,
Tahurua £5, Irai £5, Hoorn £5, Tamati Wharoron £5, Rawiri Whareroa £5, Wiremu
£5, To Hura £5, Pita £5, Wiremn Pori £5, Teharaua £5, To Ahu £5, Karaka £5, Ruhi
£5, Herero £5, Maihi £5, Maka £5, Taora £5, To Matiu £5. For which we for us cur
Heirs and successors do hereby give up and make over to the Queen of England her
Heirs and Assigns for ever this land with all the rights and appurtenances whatsoever
thereto belonging—Boundaries being as follows (the final and unreserved giving up of
the land previously purchased) beginning at Takapuna and on to the Aral and the other
boundaries being as shown on the sketch on the other side of this Deed.
Witness our signatures—
Tarain his mark x. Araim Karaka.
Patene x. Taraihi.
Patere x. Henare.
(Signed) Hura x. Maihi
Peta x. Maka.
Wiremu Pori x. Matini.
Rawiri Takinua x. Paora.
Hapepa x his mark.
Signed in the presence of —
(Sd.) Wither Gut.
" Ruikakara.
„ C. L. Nugent, Native Secretary.
We have received the sums of money assigned us and each, of us in this Deed. Hence
we sign our names on this the 5th day of January 1854.
[Signed as above.]
A. True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, September 5th, 1874.
1854.
22 June.
MAHURANGI
DISTRICT,
WAINUI.
Receipt for £600.
Boundaries,
Deeds—No. 200.
WAINUI BLOCK, MAHURANOT DISTRICT.
Ko TE PUKAPUKA tuka whenua tenci i tuhituhia ki Mahurangi i tenci ra i to rua
tekau ma rua o nga ra o Hune i to tan o to taton A riki Kotahi mano warn ran ma rima
tekau ma wha, He pukapuka an matou na ugn rangatira mo nga tangata o te Kawerau
nona nga ingoa o apitiria ana ki raro nei he mea. tuhituhi mo maton ake mo a matou
whanaunga mo a matou a muri ake i a matou ka whakaae nci matou kia hokon kin
tukun, rawatia tetahi wahi o to matou whenua kin to Kuini o Engarangi ki nga Kuini
Kingi ranci i muri i a in ako ake ake.
A no to men kua whakaae canton ki te tuku i tetahi wahi o to matou whenua o
whakaac ana hoki te Kuini Wikitoria o Engarangi kia tukua mai kia matou kia waru
rau paunn morn E ono nga rau pauna o enci moni kna riro mai kin motoui to ringaringa
o to Honiana i tenci rangi kia run atu ran pauun o homai ai ki a maton a to lahi o nga
ra o Hanuero o to tau 1855.
Ko nga robe end ha timata ki to maka. ma hi runga ki to paringa awa hi Orewa
ka haere tika tonu ki rungs ki to Taukaka ki waenga o Pukekohe o to Ahitoctoo
ki to ritenga o to Kapihu S. W. ka anga ki to hauraro puta ki tua o nga wapn
kani rakau o Paremono ka marero ki te hiku o to Wainui ka hnere i to rahurahu S. 68º
W. ki runga ki to tauknka to packauri ka eko ki to awa hi Waitohi ka hnere i to awa to
robe ka tika tonu ki to pito o to raina o anga mai ana i to Wai werawera N. 20° W.
ka anga ki to marangai i runga i to mina N. 70º E. ki to kauri' i tohutohungia ki
Waiwerawern. a ka houo ki to raina o to Waru a ka reve to robe i runga i taua raiua it
tutuki non ki to timata ai.
Kun oti o matou whakaaro katoa, mo tenei wahi koia ka whnkarerea ka tukua
rawatia tenei wahi whenun o mntou tupona i homai ki a matou mu ona. owa, roto, wai,
mars, kohatu, pari, aba non iho i runga, i raro, i to Wh0nua kua tukua rawotia kia
Wikitoria to Kuini o Engarangi ki nga Kiogi Kuini i inuri i a in ake tonu ato koia
maton i tuhituhi ai i o matou nei ingoa mo o tohu.
Waihoki me to Kuini o Engarangi hoki o whakaao ana ki tenei pukapuka koia to
Honiana tetahi kai whakarito whenua mo to Kawanatanga o Nui Treni ka apitia hoki i
tona ingoa.
JOHN GRANT JOHNSON,s SRDJKLDMNAIF'PAO
Sub-Commissioner.
![]() |
4.7 19 |
▲back to top |
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML> <HEAD> <META HTTP-EQUIV="Generator" CONTENT="OmniPage Pro 15 - http://www.scansoft.com"> <META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=UTF-8"></HEAD></HTML>
![]() |
4.8 20 |
▲back to top |
270 PROVINCE OF AUCKLAND, [1841
KOHIMARAMA
continued.
Receipt for £100,
horses, boat, and
goods.
"Molcoia" to " Kororipo," to " Tauoma," and to "Palcaukino" thence it goes on from
" Pakaukino," to the side of the Pa or Settlement, ascending, and going along the
boundary line and reaches quite to " Waintarua" and strotching along from" Waia "
roaches up to "Kohimarama."
We now take the payments for our Lands which are now written or described in
this Document to wit, Two Horses—Ono largo Boat and all, its sails—One hundred
pounds in Money—Two hundred Blankets—Twenty Cloaks,—Ton Frock Coate—one
hundred pairs Trousers — one hundred shirts—Ton pieces print—Forty Shawls—Three Casks Tobacco—Two Pails—Three Tents—Twenty Caps—Ton pairs Boots—Six bags
Flour—Two bags Sugar—Two cross cut saws—Two pit-saws—Two Saddles—and Two
Bridles.
See our names and our marks now writton on this Document this day in "Waitemata"
the twenty eighth of May in this year of our Lord one thousand eight hundred and
forty one, In the sight of these.
(Signod) Puhata. The mark of Raniera Tahuhu-
the mark x of Paratene Tau- arahi.
ware. The mark x of Hakopa Tahake-
The mark x of Maka Ware. hake.
The mark x of Hauauru. Toitoi.
Rawiri Takurua. The mark x of Warenga.
Wiremu Hoeto Riukakara. Whareponga.
The mark x of Hokianga. The mark x of Hemi Tararipia.
The mark x of Irai Taha- The mark x of Te Ngarara.
roku. . The mark x of Te Tama.
The mark x of, Te Awn. The mark x of Taituha Titaha.
Tamati Pori. The mark of Te Aranui x.
The mark x of To Hinaki. The mark of Te Mntiu Tahobo x.
The mark x of Ngarahu. The mark x of Te Onematua.
GEORGIE CLARKE,
Witnesses— Chief Protector.
George Coopor, Treasurer.
Edward M. Williams.
George Williams.
True Translation.
C. O. DAVIS.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, 22nd September, 1874.
1841.
20 June.
AUCKLAND DISTRICT.
WAITEMATA TO
MANUKAU.
Boundaries.
Places sold excluded.
Receipt for cash
£200, 4 horses,
80 blankets,
10 cloaks, 1 tent,
1 desk.
Deeds—No. 208.
LAND BETWEEN ORAKET AND MANUKAU, AUCKLAND DISTRICT.
KIA MOHIO nga tangata katoa i tenei Pukapuka ko matou nga Rangatira mo nga
tangata o Ngatiwatun ka tuku ka hoko atu nei i tenei kainga o matou e takoto ana
i roto i nga Roho e tuhituhia ana ki tenei Pukapuka ki a te Karaka to kai tiaki o
nga tangata Mnori mo to Kuini o Ingarangi mo ona uri iho mo totahi tangata wahino
ranci o waiho ai o Iugarangi hei Kingi hei Kuini ranei ako tonu atu—te Wenua nga
Wai katon me nga mea katoa o runga o raro o taua Wenua ka hokona rawatia noi e
mateu ki a to Karaka to Kai tiaki o nga tangata Maori mo to Kuini o Ingarangi mo ona
uri iho mo tetahi tangata wahine ranei o waiho ai o Iugarangi hei Kingi hei Kuini ranoi
ake tonu atu.
Ke to robe ki to Ita ka timata ki Orakoi ka haere i to ara e that ana ki Manukau a
tao rawa ki Maunga—kiokio ko to rohe ki te Hauta ka haere i Maunga—kiekie a Puke-
tapapa a Wairaka a to totongo waka ki to Wao ko to robe ki to Wota ka haere i to Wao
a tae rawa ki to rohe i hokona e matou i mua ki to Kuini ko to roho ki te Nota te roho
o te Kuini a ka haere i tatahi a Te Kokorutanga o Orakei (ko nga kainga ia i hokona
ketia e matou i mua ki to Pakoha kia kapoa.)
Ka tangohia nei o matou nga utu mo to matou kainga E rua ran Pauna moni o wa
Hoiho e torn tokau Parnikete kotahi tekau Koroku kotahi Teneti kotahi Pouaka Hira.
Tirohia o matou ingoa me o matou tohu ka tu ituhia nei ki tenoi Pukapuka i tonei
ra i Waitomata i to rua tekan ma iwa o Huno i tonoi o to tatou Ariki kotahi mano o
waru rau o wha tekau ma tahi i te tirohanga o onei Kai titire,
Na TE REWETI Na PAORA tona tohu.
Te tohu x o KAWAU. Te tohu x o TAUMATA.
Na TE HIRA
Kai-titiro—
Jas. Stuart Freeman.
Wm. L. Standinger.
G. E. Eliott.
Auckland, 20th June, 1841.
![]() |
4.9 21 |
▲back to top |
278 PROVINCE OF AUCKLAND, [1851
1851.
27 June.
AUCKLAND DISTRICT.
FAIRBORN'S CLAIM..
Interest of Akitai tribe.
Reserve at Wharau.
Boundaries.
Certificate of
payment, £100.
Receipt for goods.
1851
10 August.
AUCKLAND DISTRICT.
OHINERAU.
Mount Hobson.
Boundaries.
Receipt for £150.
Deeds—No. 219.
FAIRBURN BLOCK, WAIROA, AUCKLAND DISTRICT.
WE the Chiefs and men of the Akitai Tribe hereby consent to make over to the Queen of England all places whatsoever claimed by us or in which we have any part within the Block known by the name of Fairburn Block as formerly sold (according to the plan annexed to this document) to relinquish all our claims to this land whether originally owned by us or returned by Mr. Fairburn or given back by the Commissioner of Land Claims or by any former Governor upon our receiving into our hands One Hundred Pounds in money one Cart and one Plough and on the condition that a Reserve be set apart for us at the Wharau of 260 acres in extent and marked 32 and 33 on the plan in the office of the Surveyor General We consent that the creek Waokauri be the Boundary of our land at Pukaki on the Eastern side and on the Boundary to the North West the land formerly sold to Mr. Lowis.
Witness our signatures—
(Sd.) Ararata. (Sd.) Mohi.
Rupene. Hohnia.
Hohepa. Hone Kingi.
Wetere. Panapa.
Merekihereka. Wiremu.
Warihi. Hera.
Epiha Putini.
Witness to marks and signatures—
(Sd.) John Grant Johnson, Interpreter.
C. L. Nugent, Act. Native Secretary.
June 27/51.
We hereby certify that £100 in money was this day paid to the above mentioned Natives by C. W. Ligar the 27 of June 1851 in our presence.
(Sd.) John Grant Johnson, Interpreter.
C. L. Nugent, Act. Native Secretary.
We acknowledge to have receivod a Cart and a Plough.
(Signed) Na Mohi.
Witness— On behalf of myself and the whole Tribe.
James Baber, Clk., Survey Office, Auckland.
A True Copy of Office Translation of Original Deed.
H. HANSON TURTON.
Wellington, February 9th, 1876.
Deeds—No. 220.
OHINERAU BLOCK (NORTHERN SLOPE OF MOUNT HOBSON), AUCKLAND DISTRICT.
Ko TE TUHITUHINGA o tenei pukapuka i te ra kotahi tekau ma iwa o Akuhata i te tau o to tatou Ariki kotahi mano waru rau ma rima tekau ma tahi—ko te whakaaetanga o te Kawau o te Tinana o te Keene o Te Hira me Ngatiwhatua katoa—te whakaaetanga ano hoki o te Kuini o Ingarangi mono, na ko te Kawau, ko te Tinana, ko te Keene, ko Te Hira ko Ngatiwhatua katoa ko nga tangata i te kainga e tuhituhia nei ki tenei pukapuka na ka whakaae nei a Te Kawau, a te Tinana, a te Keene, a Te Hira—ki te hoko i tenei whenua ki a Kuini Victoria hei utu mo nga pauna moni kotahi te rau ma rima, tekau ka hoatu noi ki a matou nei kua oti nga ingoa te tuhituhi—no konei ka boatu noi ka tuku atu nei kin Victoria te Kuini o Ingarangi ki te Kingi Kuini rauoi o muri i a ia ake aka ake, i taua whenua me nga aha noa iho, aha noa iho o tonei Kainga, ko ona rohe koia enei, ki te tuaraki ko te moana ara ko tetahi wahi o Waitemata ko to kokoru ko Ohine Rau—ki te hauauru ko te Tiki—kua hokona kia Te Karaune—kua oti to rari ko —Section No. 14—ki te kaha ki te tonga ko te huarahi nui o tika ana ki Tamaki—a ki te Marangai ko nga whenua o te tangata Maori te rohenga timata ana ki te tapahanga o te ara i Epihama ko te ara ki Tamaki a tike tonu ki tetabi rakau Manuka—a tik a tonu ki te awa o puare ana ki Ohino Rau kua tuhituhia te abua o te oneone ki tua noi.
Tirohia—
KAWAU X. TE KEENE.
TINANA X. TE HIRA.
I te aroaro o—
John Grant Johnson, Interpreter.
Goorgo F. Swainson, Asst. Surv.
Kua riro mai i a matou nga pauna moni (£150) kotahi te rau ma rima tokau—kua tuhituhia nei ki rote ki tenoi pukapuka koia matou ka tuhituhi nei i a matou ingoa i tenei ra te tekau ma iwa o Akuhata i te tau o to tatou Ariki kotahi mano waru rau ma rima tekau ma tahi.
KAWAU X. TE KEENE.
TINANA X. TE HIRA.
I te aroaro o—
John Grant Johnson, Interpreter. George F. Swainson, Asst. Survyr.
![]() |
4.10 22 |
▲back to top |
1851] AUCKLAND DISTRICT. 279
TRANSLATION.
THIS DEED written on the 10th day of August in the year of Our Lord 1851 is an Agreement between Kawau, Tinann, Keene, Hira and all Ngatiwhatua and the Queen of England whereby Kawau Tinana Keene Hira and all the Ngatiwhatua, the owners of the piece of land described in this Deed agree to sell the same to Queen Victoria in consideration of the sum of one hundred and fifty pounds sterling now received by us, see our signatures below, Wherefore we give and deliver over to Queen Victoria her Heirs and Successors for ever the said piece of land and all that belongs to it bounded on the North by the Sea by the Waitemata, on the North East by the stream Ohinerau, on the West by the Tiki before sold to the Crown, surveyed and known as Section 14. on the South by the road leading to Tamaki, on the East by Native land, this boundary commences at the junction of the road from Epsom with the Tamaki road, goes straight to a manuka tree thence to the stream Ohinerau—the plan is drawn on the other side.
Witness our names—
(Sd.) KAWAU. KEENE.
TINANA. HIRA.
In the presence of—
John Grant Johnson, Int.
George F. Swainson, Asst. Survr.
We have received one hundred and fifty pounds sterling as above mentioned, therefore we sign our names this nineteenth day of August in the year of Our Lord 1851.
[Signatures as above.]
True translation.
JAMES BABER.
A Trne Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, September 11th, 1874.
1851.
19 August,
AUCKLAND DISTRICT:
OHINERAU.
Mount Hobson.
Boundaries.
Receipt for £150.
Deeds—No. 221.
FAIRBURN BLOCK, WAIROA, AUCKLAND DISTRICT.
E WHAKAAE ana matou nga Rangatira me nga taugata o Nga te Te mate ra kia tukua atu ki a te Kuini o Engarangi nga wahi katoa e tehea ana, e uru ai matou ranei, i roto i nga rohe o te whenua i hokona matamua, kia te Pepene (ki te ritenga o te whaka nhua whenua e apitiria ana ki tenei tuhituhinga) kia whakamutua rawatia ta matou meatanga ki tenei whenua—ahakoa he wahi i a maton pu ake ano, ahakua ho wahi i whakahokia atu e te Pepene ranei—e nga kai whakarite ranei—e nga Kawana o mua ranei hei utu mo nga rau pauna e rua ka hoatu ki a matou, kia kotahi te rau e homai ana ki roto i o matou ringaringa ki tenei ra to 9 o nga ra o Okotopa 1851, kia kotahi te rau o homai ai, a to haerenga ata o nga tangata Mnori katoa o noho ana ki runga i te whenua. E whakaae ana matou ma nga tangata o haero atu i to whonua i mua i te 1 o nga ra ra e Apereira 1852. Kin oti te ingoa o Taraia me nga ti Te Matera katoa ka tahi ka hoatu te rua o nga rau pauna.
Na Katikati. Tirara nui x toun tohu.
Na te teira. tuitahi x tona tohu.
Na te Knpua x tona tohu. Te Matana x tona tohu.
Ko te Taka x tona tohu. Tangi haere x tona tohu.
I to matou aroaro—
John Grant Johnson, Interpr.
Hone ropiha, Messenger, Native Secretary's Office.
9th October, 1851.
Kua riro mai i ahau nga moni £100. Kotahi rau nga moni toenga o nga korero i runga nei i tenei i te tahi e nga ra e Hanuori 1854 koia ko to utunga whakamutunga kia matou o te whenua i te whakaahua i runga nei ki nga Titamatera.
MOANANUI KATIKATI.
Kai-titiro—
John White, Interpreter.
Waimona.
TRANBLATION.
WE the Chiefs and men of the Tribe of the Ngatitamatera hereby consent to make over to the Queen of England All places which we claim or in which we have any part within the boundaries of the land formerly sold to Mr. Fairburn according to the plan drawn on the other side we consent :finally to relinquish all our claims to this land whether originally owned by us or returned by Mr. Fairborn to us or by the Comr. of land Claims or by ally former Governor upon the condition of our receiving the sum of Two Hundred Pounds one hundred hereby paid into our hands on this the 9th of October 1851 and one hundred to be paid when the Maeries who are located on the said land move off. We agree that the said Native occupants of the land do move off on or
1851.
9 October.
AUCKLAND DISTRICT.
FAIRBURN'S CLAIM.
Interest of Ngntitamatera tribe.
Receipt for £100.
Conditions of last instalment.
1854.
1 January.
Receipt for £100, final iustalment.
1851.
9 October.
AUCKLAND DISTRICT.
FAIRBURN'S CLAIM.
Interest of Ngatitamtera tribe.
Receipt for £100.
![]() |
4.11 23 |
▲back to top |
280 PROVINCE OF AUCKLAND,
FAIRBURN'S CLAIM
continued,
Conditions of last
instalment.
1854.
1 January.
Receipt for £100,
final instalment.
before the 1st of April 1852, the outstand of £100 will not bo demanded until the signatures of Tainia and the rest of the Ngatitamat era have been obtained to this Deed.
Signatures—
(Signed) Kati Kati. Tiranui x his mark.
Te Teira. Tiritaki x his mark.
Te Tepua x his mark. Te Watene x his mark.
Taka x his mark. Tangi Haere x his mark.
Witnesses to marks and signatures—
(Signed) J. G. Johnson, Interpreter.
Hone Ropiha, Messr, Native Secy's Office.
Received by me the sum of £100 being, the last Instalment as agreed to in this Deed on the 1st of January 1854 being the last and final payment (of the land according to the aketch in this Deed) for the Ngatitamatera.
MOANANUI KATI KATI.
Witnesses—
John White, Interpreter.
Haimena.
A translation of Deed.
(Signed) JOHN GRANT JOHNSON, Interpreter.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, September 23rd, 1874.
1851.
15 November.
AUCKLAND DISTRICT.
MATA KARAKA.
Boundaries.
Receipt for £20.
1851.
15 November.
MATA KARAKA.
Boundaries.
Deeds—No. 222.
MATA KARAKA BLOCK, TE WHAU, AUCKLAND DISTRICT.
Ko TE TUHITUHINOA o tenei pukapuka i te ra ketahi tekau ma rima o Nowema kotahi mano waru rau rima tekau ma tahi te whakaaetanga o matou nga raugatira o Ngatiwhatua te whaknaetanga ane hoki o te Kuini o Ingarani mona na ko matou nga tangata i te kainga e tuhituhia nei hi tenei pukapuka na ka whakaae nei matou ki te hoki i tenei whenua hi Kuini Victoria hei utu mo nga pauna moni orua tekau ka hoatu nei ki a matou nokonei ka hoatu nei ka tuku atu nei ki a Victoria te Kuini o Ingarani, ki te Kingi Kuini ranei o muri i a ia ake, ake, ake, i taua whenua me nga aha noa iho, aha noa iho o tenei Kainga, ko ona rohe koia noei, kei te kotiu (North) ko te whenua o te Kuini kua hokona e Te Hira, o te Kawnu kei te marangai, ko te awa, ke Mata Karaka, koia tenei ke te rohe o te whenua o ta Robinson raua ko te Hart : kei te tonga, ke Manukau; kei te Hauauru, ko te whenua o te Kuini kua hokona a te Porter, me te whonua hoki o te kotiro o te Porter; kua tuhituhia te ahau o te one one ki tua nei.
Tirohia ta matou ingoa—
(Signed) Te HIRA.
I te aroaro o— Te KEENE.
Sd. Goorge F. Swainson, Survey Office.
Sd. James Baber, Clk. Survey Office, Auckland.
Kua riro mai i a matou nga pauna moni erua tekau kua tuhituhia nei ki roto ki tenei pukapuka, koia matou ka tuhituhi nei i ta matou ingoa i tenei ra kotahi tekau ma rims o Newema i te tau o to tatou Ariki kotabi mano waru rau rims tekau ma tabi.
(Signed) Te HIEA.
Te KEENE.
I te aroaro o—
George F. Swainson, Survey Office.
James Baber, Clk., Survey Office.
TRANSLATION.
THIS DEED written on the 15th day of November 1851 is an Agreement between us Chiefs of Ngatowhatua and the Queen of England Whereby we the owners of the piece of land described in this Deed consent to sell the same to Queen Victoria in consideration of the sum of twenty pounds storling now given to us, wherefore we give and deliver over to Victoria Queen of England and to her Successors for over the said piece of land and all that belongs to it bounded as follows: On the North by land belonging to the Crown sold by Hira and Kawau on the East by the stream called Mata Karaka which same is the boundary of the lands of Robinson and Hart, on the South there is the Manukau, and on the West by Crown land that which was sold to Porter, and by the laud of Miss Porter, the plan is drawn on the other side.
Witness our names—
TE HIRA.
TE KEENE.
In the presence of—
George F. Swainson, Survey Office.
James Baber, Clk., Survey Office.
![]() |
4.12 24 |
▲back to top |
290 PROVINCE OF AUCKLAND, [1854
RANGITOTO ISLAND
continued.
Receipt for £15.
sell to the Queen of England and her heirs and successors for ever the Island of Rangi-toto for the sum of £15 hence his now signing his name having first received the £15 into hie hands.
(Signed) Na NGA TAI.
Witness—
(Sd.) John Grant Johnson, Interpreter.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, September 7th, 1874.
1854.
21 February.
AUCKLAND DISTRICT.
FAIRBURN BLOCK.
Disputed land between Tamaki and Wairoa.
Receipt for £500.
Deeds—No. 233.
FAIRBURN BLOCK (DISPUTED LAND IN), AUCKLAND DISTRICT.
E WHAKAAE ana matou nga Rangatira o Ngatitai Kia tukua atu kia Kuini Victoria te Kuini o Ingarangi nga wahi katoa o tohea ana e uru ai matou i rote i nga rohe e te whenua i hokona matamuakia te Pepeno (ki to ritenga o te whakaahua whenua kua oti nei ki tenei Pukapuka te tuhi tuhi) Kia whakamutua rawatia ta matou meatanga ki tenei whenua ahahoa he wahi i a matou pu ake ano, ahakon, he wahi i whakahekia mai e te Pepene e nga kai whakarite ranei, e nga Kawana ranei o mua, hei utu ino nga rau Pauna £500.0.0 Kua homai nei kia matou i tenei ra i te rua tekau ma tahi o Pepueri i to tau 1854 e whakaae ana matou nga Titai kia tonoa e matou Nga tangata katoa, me Nga Ti whakane kia nuku ke atu ratou kia waiho pai tia tenei whenua ma to Pakeha, a e whakaae ana ane matou kia whakamahuetia e matou e nga Titai tenei whenua a kia haero atu matou ki Umupuia noho ai ki te whenua kua hoki mai ia Kuini kia matou.
Hori te Wetuki. Ngawaka.
Ruato. te Weu.
Na te Haua. te Nupo.
Aperahama Waekaha. Taronoa.
Tamati Te oko. Matiu Kape.
Na Rabaruhi. Watene te Makuru.
Puangarahi. Mere Kingi Te Kokopu No
Maungarongo. Ngatipaoa.
Witness to signature and payment of the money
as agreed to above in this Deed—
John White, Interpreter.
Witness to signature of Hori Whetuki—
Thomas Eckford, Farmer, Maraetai.
1854.
21 February.
FAIRBURN BLOCK.
Claims of Ngatitai.
Receipt for £500.
This block to be vacated by Natives.
TRANSLATION.
WE the Chiefs of the Ngatitai Tribe hereby consent, to make over to the Queen of England all places whatsoever claimed by us or in which we have any part within the Block known by the name of "Fairburn's Block" as formerly sold (according to the plan annexed to this Document) to relinquish all our claims to this Land whether originally owned by us or returned by Mr. Fairburn or given back by the Commissioner of Land Claims or by any former Governor upon our receiving £500 in money given now to us on this day the 21st of February in the year 1854. We the Ngatitai also agree to order all men including the Ngatiwhakaue to move from this Land which is to be left for Europeans only, We the Ngatitai also agree to move off this Land to that portion given to us by the Queen called Umupuia.
Signatures—
Hori te Whetuki. Te Wea.
Ruato. Tanupo.
Na te Hana. Ngaronoa.
Aperahama Waekaha. Watere Kape.
(Signed)
Tamati te Oko. Watere Te Makuru.
Norahuruhi. Mare Kingi te Kakapu No Nga.
Waungarongo. tipato.
Ngawaka.
Witness to signatures and the payment of the
money as agreed to above in this Deed—
(Signed) John White, Interpreter.
Witness to Signature of Hori te Whetuki—
(Signed) Thomas Eckford, Farmer, Maraitai.
Names written upon the sketch upon the Deed.
MAURI. MATAWA.
ERUATAROA. WAETA.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, February 10th, 1876.
![]() |
4.13 25 |
▲back to top |
306 PROVINCE OF ÄUCKLAND, [1867
1867.
18 October.
AUCKLAND DISTRICT.
WAIHEKE ISLAND.
Ngatimaru claims.
Receipt for £300.
Boundaries.
Deeds—No. 247.
WAIHEKR ISLAND (CLAIMS OF NGATIMARU), AUCKLAND DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei te tekau ma waru o nga ra o Oketopa i te tau o to tatou Ariki 1867. he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na matou na nga Rangatira me nga Tangata o Ngatimaru no ratou nga ingoa e mau i raro nei a hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri mo te tubitubinga o o matou ingoa ki tenei pukapuka i rare i te ra e whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu kia Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i a in me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni E toru rau (£300.0.0) kua utua mai ki mateu e Tiemi Make, Komihana mo te Kuini (a e whakaaetia nei e matou te rironga mai o aua moni) ko taua wahi whenua katoa koi Waiheke ko te motu o Waiheke te ingoa o taua wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awn nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga ranei o rare ranei i te mata o taua whenua me o matou tikanga me o matou take me o matou paanga katoatanga ki taua wahi; Kia mau tons kia Kuini Wikitoria ki ona uri ki ana ranei o whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo to matou whakaae-tanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A hei tohu hoki me te whakaaetanga o to Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa o Tiemi Make Kaiwhaka-rite Whenua. Ko nga rohe enei o taua whenua ka timata i te tahataha moana i te Roro o mae nea haere tonu ka rohea i te moana i te taha ki te hauauru, i te taha whakararo, i te taha ki te marangai, i te taha ki te tonga tae noa te wahi i timata ai. Otira ekore o meingatia kia he tetahi wahi o te take o te paanga o te tikanga o te iwi o Ngatipaoa o tetahi tangata rauei o taua iwi ki etahi o nga piihi e noheia e ratou inaianei, ki etahi o nga piihi whenua kua oti te rahui mo raton ki rote ki nga rohe o tana whenua ara ki tana motu o Waiheke.
Wirape Hotereni Taipari. Renata Taniwha.
Rapana Maunganoa x his mark. Hoterene Taipari x his mark.
Matiu Kaimate. Riwai Kiore x his mark.
Raika Whakarongotai. Piniha.
Watana Tuma. Aperehama Te Reiroa x his
Miriama to Ngahue x her mark. mark.
Mata Paraone x her mark. Hirini Ngaone x his mark.
Te Marau x his mark. Karauna.
Pahau. Mango.
A. H. JAMES MACKAY, Jr.
Witness te signatures (IS)—
Alex. Hogg, Land Agent, Sbortland.
1867.
18 October.
AUCKLAND DISTRICT
WAIHEKE ISLAND.
Ngatimaru claims.
Receipt for £300.
Boundaries.
TRANSLATION.
THIS DEED written on this eighteenth day of October in the Year of our Lord 1867 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngatimaru whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with .and for over transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and their Assigns for over in consideration of the sum of Three hundred Pounds (£300.0.0) to us paid by James Maekay the Younger Esquire Civil Commissioner on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said moneys) all that piece of our Land situated at Waiheke and named the Island of Waiheke the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon. To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely, for over and over. And in testimony of our consent to all the conditions of this Deed we hove hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Mackay Jr. Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at the sea coast at Te Rore mae aea, thence bounded by the sea coast on the west, north, cast and south sides to the point of commencement. Provided that nothing herein contained shall be deemed to prejudice the right, title, or interest of the tribe Ngatipaoa or any members thereof to lands now held by them, or reserved for their use anywhere within the limits of the said island of Waihoke.
Wairope Hoterene Taipari. Renata Taniwha.
Rapana Maunganoa x his mark, Hoterene Taipari x his mark.
Matiu Kaimate. Riwai Kiore x his mark.
Raika Whakarongotai. Piniha.
Watana Tuma. Aperehama te Reiroa x his
Miriama te Ngahuo x her mark. mark.
![]() |
4.14 26 |
▲back to top |
1867-69] AUCKLAND DISTRICT. 307
WAIHEKE ISLAND
continued.
Mata Paraono x her mark. Hirini Ngaono x his mark.
Te Marau x his mark. Karauna.
Pahau. Mango.
JAMES MACKAY, Jr.
A. H.
Witness to signatures (18)—
(Sd.) Alex. Hogg, Land Agent, Shortland.
A True Copy of Original Deed and Translation,
H. HANSON TURTON.
Wellington, January 7th, 1875.
Deeds—No. 248.
WAIHEKE ISLAND (CLAIMS OF NGATIMARU), AUCKLAND DISTRICT.
KUA riro mai i a maton i nga tangata o mau ako noi nga ingoa, i tenei whitu o nga ra o Tihoma i te tau o to tatou Ariki, kotahi mano e waru ran e ono tekau ma iwa nga Pauna moni Kotahi rau e rima tekau £150 . 0 . 0 hei utu whakamutunga mo nga take mo nga paanga o Ngatimaru, mo ona hapu katon ki te motu o Waiheke.
Kua oti atu o matou paanga ki tana whenua katoa, me nga paanga me nga take katoa o Ngatimaru, me ona hapu katoa ki a Kuini Wikitoria te Kuini o Ingarangi, ki nga Kingi ki nga Kuini o muri iho i a ia mo ona me o ratou tukunga iho Ake tonu atu : me ona awa, me ona wai me ona rakau, me ona kowhatu, me ona mea katoa i raro i runga ranei i tana whenua.
A mo te rironga mai o enei moni i te ringaringa e Te Paki (E. W. Puckey) ki a matou i tenei ra ka tuhia iho o matou ingoa me o matou tohu.
Riwai te Kioro x tana tohu. Rapana Maunganoa x tana
Parata te Mapu. tohu.
Papakoura x tana tohu. Waraki Te mata piihi x tana
Hawira. tohu.
Mata Parata x tana tohu. Wiremu te Pea.
I Haka Tarawhati x tana tohu. Karauna Hau.
Wiromu Kawarihi x tana tohu. Rawiri.
Ripeka x. teretiu.
Ihaka te Kaahe x tana tohu. Wiremu Pukeron.
Kipa te Whatanui. Mata Paraone x tana tohu.
Tautari Pukeroa x tana tohu. Winiata x tana tohu.
Hona Taiawa x tana tohu. Hoori Time x tana tohu.
Raiha te Atniti x tana tohu. Na Tanahira te hurupa x tana
matinga ono. tohu.
Pirika. Kirikau x tana tohu.
Heuare Pita x tana tohu. Tereweti te rang x tana tohu.
Hingi Kere a puru. Aherata te nui x tana tohu.
Signed in the presence of—
A. C. H. O'Neill, Settler, Otago.
TRANSLATION.
WE the persons whose names are hereunder written have received on this seventh day of December in the Year of Our Lord one thousand eight hundred and sixty nine the sum of One hundred and fifty Pounds sterling (£150) in final payment for the claims and interests of Ngatimaru and all the hapus thereof to the island of Waiheke.
We have parted with all our claims to all that land and with all the claims and interests of Ngatimaru and all the hapus thereof to Queen Victoria and to the Kings and Queens who may succeed Her, and Her or Their descendants for over: Together with its streams, its waters, its trees, its stones and everything either above or under the said land.
And in teken of the receipt of this money by us from E. W. Puckey on this day we hereunto subscribe our names and make our marks.
[Signatures.]
[Witnesses.]
Correct Translation.
T. E. YOUNG, Translator, Native Department,
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wollington, January 7th, 1875.
1869.
7 December.
AUCKLAND DISTRICT.
WAIHEKE ISLAND.
Ngatimaru claims.
Receipt, for £150.
1869.
7 December.
WAIHEKE ISLAND.
Ngatimaru claims.
Receipt for £150.
![]() |
4.15 27 |
▲back to top |
806 PRIVATE LAND PURCHASES. [1886
1836.
22 January.
AUCKLAND DISTRICT.
TAMAKI.
W. T. Fairburn.
Boundaries.
[40,000 acres.]
Receipt.
1836.
22 January.
AUCKLAND DISTRICT.
TAMAKI.
W. T. Fairburn.
Boundaries.
[40,000 acres.]
VII.—AUCKLAND DISTRICT.
Deeds—No. 347.
TAMAKI BLOCK (WM. T. FAIRBURN), AUCKLAND DISTRICT.
KIA mohio nga tangata katoa e kite nei i tenei Pukapuka. Na, kua tukua, kua bokona rawatia e maton e Tuiri ma, he rangatira no Ngatitawaki,—e Herua ma, he rangatira no te Urikaraka,—e Hansuru ma, be no te Matekiwaho, ki a te Pepene, tana wahi wenua ko Tamaki, e patata ana ki Waitemata, me nga wahi katoa i roto i robe, kua oti nei te tuhituhi ki tenei pukapuka. A ko te wenua, ko nga rakau. ko nga awa, ko nga mea katoa i runga i raro o taua wahi wenua katoa kna tnhituhia nei mona, mo ona Tamariki hoki, kia ngakia ranei, kia bokona ranei, kia ahatia ranei, ake, ake, ake. Na, ko nga rohe o tana wabi wenua kua bokona nei e matou, koia enei; Ko te Totoanga katoa ki Otabubu, ka baere atu i kona, a ko te Ararata, a ko te Awatiotio, a Papakura, ka baere atu i kona, a Rangiaru, a ko te Wairoa, a Wakakaiwara, a Umupuia, a ko te Poho, a ko Muraitai, a ko Motukaraka, a ko Awakaribi, a ko Mangimangiroa,
ko Tuwakamana, a ko Waipapa, a ko Okokino, a ko te Panehoroiiwi, a te awa Wangmatau, haere tonu atu ki Otahubu mutu ai ; ko te taha o taua wahi wenua ki te Marangai e takoto ana ki te moana, ki Mimirua, e haere atu ana ki Hauraki: ko te taha ki te Hauauru e takoto ana ki Manukau: ko te taha ki te Tonga e takoto ana ki te awa ki te Wairoa.
Kua riro mai ki a matou, ki a Tuiri ma, ki a Herua ma, ki a Hsuauru ma, hei utu mo taua wenua mo Tamaki, e iwa tekau Paraikete, e rua tekau ma wa Titaba, e rua tekau ma wa Kapu, e rua tekau ma ono Kaheru, kotahi tekau ma wa Puka, e waru tekan moni Tara, e iwa rau pauna Tupeka, e rua tekau ma wa Heru, kotabi tekan ma rua Kota. Tirohia nei o mstou tohu kua tuhituhia nei i te rs rua tekau ma rua o Hanuere, kotahi mano e waru rau e toru tekau ma ono o nga tau. Nu Tirini.
Ko te tohu x o te Ruapuke. Ko te tohu x o Waiapu.
x o Horna. x o te Ararahi.
x o te Waru. x o te Kokohau.
x o Hauauru. x o te Tahswera.
x o te Tara. x o Kite.
x o Tuiri. x o Te Warerau.
x o te Hana. x o Te Kaanini.
o Wanni. x Wakaturia.
x o te Waikaha. x Riukakara.
x o te Koroke. x Hami.
x o te Aotahi. x Tupars.
x o Puata. x Pahi.
o te Pungarahi. x Paura.
x o te Huarahi. x Kawau.
x o Wanui. x Rukuai.
Ko nga kai titiro enei— x o te Urumihia. Tamaki.
Henry Williams.
Robert Maunsell.
James Preece.
Hemi Pepene.
A True Copy. Sept. 1, 1841.
GEORGE CLARKE.
TRANSLATION.
KNOW all men who may see this Document that we Tuiri, the chief and his people called Ngatitawaki, Herua, the chief and his people called Urikaraka, Hauauru, the chief and his people called Matekiwaho do give up entirely and sell to Mr. Fairborn that portion of land called Tamaki, bordering on Waitemata, and all places within the boundaries which are herein mentioned; likewise the land, and the trees, and the rivers, and all things above and below that portion of land which is heroin written ; for him and for his children for ever, to cultivate, sell, or do with as they please.
Now the boundaries of that portion of land which we hereby sell are these. The whole of the dragging place at Otahuhu, go on from thence to the from thence to the Awatiotio, from thence to Papakura; go on from thence to Rangiuru; from thence to the Wairoa; from thence to Wakakaiwera; from thence to Umupuia; from thence to the Poho; from thence to Maraitai; from thence to Motukaraka; from thence to Awakarihi; from thence to Mangimangiroa; from thence to Tawakamana; from thence to Waipapa; from thence to Okokino; from thance to the Panahoroiiwi; from thence to the River Wangamatau: continue on from thence to Otahuhu where it ends. That portion of land to the Eastward is bordered by the sea called Mimirua flowing towards Hauraki: that to the Westward is bounded by Manukan: that to the Southward is bounded by the river Wairoa.
![]() |
4.16 28 |
▲back to top |
1836-37] AUCKLAND DISTRICT. 307
We Tuiri and people, Herua and people, Hauanru and people, have received as payment for that portion of land, for Tamaki, Ninety Blankets, Twenty-four Axes, Twenty-four Adzes, Twenty-six Hoes, Fourteen Spades, Eighty Dollars, Nine hundred pounds Tobacco, Twenty-four Combs, Twelve Plane irons. Witness our signatures written this day the Twenty-second of January in the year One thousand Eight hundred and thirty-six. Now Zealand.
[Witnesses.] [Signatures.]
ENDORSEMENT.
MA tenei pukapuka ka mohio ai nga tangata katoa kua riro mai ki a maton i a te Pepene kotahi tekau ma tahi paraikete, e ono Hata, e ono Tarautete, e ono Kapn, e ono Titaha, e ono Karaone, e ono Ho, e ono Kohus, Kotahi ran pauna tupeka, e toru Kotikoti, e toru hei tino utu mo e matou wahi wenua katoa me nga awa, me nga rakau, aha ranei ranei kua tuhia nei ki roto ki tenei pukapuka i te rua tekau ma witu o nga ra o Nohema i te tau e to tatou Ariki, kotahi mano e waru rau e toru tekau ma iwa. Na, kua mau nei o matou tohu.
Ko te tohu o MOHI X. Ko te tohu o KOREWA. X.
WAKAHARA X. TINIWAI X.
PATARA. TE TIHI X.
Ko nga kai titiro enei—
A. Dalziel.
Mary Ann Wilson.
Hemi Pepene.
Ko te tohu o Nuku x.
Ko Hamiora Pepene.
TRANSLATION.
BY this Document shall all men know that we have received from Mr. Fairburn Eleven Blankets Six Trowsers, Six Shirts, Six Adzes, Six Axes, Six Hoes, Six Spades, Six Iron-pots, One hundred pounds Tobacco, Three pair Scissors, Three Razors, as a full payment for all our portions of land, rivers, trees or any other thing written in this Document, on the Twenty-seventh day of November in the year of our Lord One thousand Eight Hundred and Thirty-nine. Watness our signatures fastened here.
[Witnesses.] [Signatures.]
MA tenei pukapuka ka mohio ai nga tangata katoa, kua riro mai ki a maton i a te Pepsne e rua tekau Parsikete, e ono kotahi tekau ma rua ahi rehu, e ono Puka, e ono Patiti, e ono tino hopi, e ono maripi, e ono Kota, e ono paipa papai, e rima kotikoti,
rua pouaka, e ono Hate, e ono Tarautete, kotahi Kaone, a iwa tekau pauna tupeka, e ono Kapu, kotahi tekau ma rua Karaone, kotahi tokeu ma rua Titaha, hei tino utu mo o matou wahi wenua katoa, me uga awa me nga rakau, aha ranei, aha ranei, kua tuhia nei ki roto ki tenei pukapuka e te tahi tekau ma wa o nga ra e Tihema i te tau o to tatou Ariki, kotahi mauo e waru rau e toru tekau ma iwa.
Na IHAKA TAKANINI. TE NAWE X.
WAKARONGOHAU X. TE KUPENGA.
Ko nga kai titiro enei—
Ko te tohu o te Tara x.
Ko te tohu o Nuku x.
Ko te tohu o Turerehu x.
Na te Wetnki.
Tarahanga x.
Alexander Dalziel.
Ko Hemi Pepene.
Hoane Pepene.
Richard Alexander Fairburn.
TAMAKI
centinued.
Receipt.
1839.
27 November.
Mohi's receipt.
1839.
27 November.
Mohi's receipt.
1839.
14 December.
Ihaka's receipt.
TRANSLATION.
BY this Deed shall all men know that we have received from Mr. Fairborn Twenty Blankets, Six Iron Pots, Twelve Tinder Boxes, Six Spades, Six Hatchets, Six bars Soap, Six knives, six Plane irons, Six Fancy Pipe, Five Seissors, Two boxes, Six Shirts, Six Trowsers, One Gown, Ninety pounds Tobacco, Six Adzes, Twelve Hoes, Twelve Axes, as a full payment for all our portions of land, rivers, trees, or any other thing written in this Document, on the Fourteenth day of December in the year of our Lord One thousand Eight hundred and Thirty-nine.
[Witnesses.] [Signatures.]
Having examined the original Deed of Purchase we find this to be a true Copy.
JAMES STACK.
Maraetai, 19th December, 1839. GEORGE CLARKE.
RETURN OF ONE-THIRD TO THE NATIVE OWNERS.
THIS day July Twelfth in the year of our Lord One thousand Eight hundred and Thirty-seven, I assign to the Aborigines from whom I purchased the portion of land included in the deed on the other side of this document, One third of the whole purchase, the boundaries to be detormined as soon as the country shall be surveyed. That is to say
1839.
14 December.
Ihuaka's receipt.
1837.
12 July.
TAMAKI BLOCK.
Return of one-third
to original.
![]() |
4.17 29 |
▲back to top |
308 PRIVATE LAND PURCHASES. [1837-41-36
TAMAKI BLOCK
continued.
1841.
5 April.
Assignment of one-third to the Church Missionary Society.
that each of the Tribes known by the names of Ngati Paoa, Ngati Tamatera, Ngati Terau, Te Akitai, and Ngati Wanaunga, shall have secured to them for their personal use for ever, in proportion to the number of persons of whom their tribes may consist residing in any part of the Frith of the Thames and Manukau.
Witness my hand—
(Signed) W. T. FAIRBURN.
ASSIGNMENT OF ONE-THIRD TO THE CHURCH MISSIONARY SOCIETY.
THIS day the Fifth of April in the year of our Lord One thousand eight hundred and Forty-one, I William Thomas Fairburn do assign to the Church Missionary Society for the benefit of the New Zealand Mission, one third of the whole purchase of land included in the Deed on the other side of this document to be appropriated by them as they may think proper and to be enjoyed by them in perpetuity. The boundaries of the above named portion of land to be determined as soon as the country shall be surveyed.
Witness my hand—
1836.1
1 December.
TAMAKI BLOCK.
WAIROA.
W. T. Fairburn.
Boundaries.
Receipt.
1836.
1 December.
TAMAKI BLOCK.
WAIROA.
W. T. Fairburn.
Boundaries.
Receipt.
Supplementary Deed.
WAIROA PORTION OF THE TAMAKI BLOCK.
KIA mohio nga tangata katoa e kite nei i tenei pukapuka. Na, kua tukua, kua hokona rawatia e matou e te Tara ma, e te Waru ma, e te Ruapuke ma, nga Rangatira o Ngatiterau taua wahi wenua ko Kumekhme, ko Tapuika, ko era wahi katoa hoki ki te taha o te awa ki te Wairoa, ko nga koraha, kon ga wenua, ko nga rakau, a ko nga mea katoa i runga i raro o taua wenua katoa ki a te Pepene, mona, mo ana Tamariki hoki, kia hokona ranei, kia ngakia ranei, kia ahatia ranei, ake ake ake. A ko nga rohe o taua wahi wenua koia enei : ki te taha ki runga, ko te awl, ho te Wairoa tana rohe, ka haere atu ikona a Papakura, a ki te taha ki te Hauauru, ko Manukau tana robe, a ki Otahuhu ki Tamaki mute ai. A ko nga utu enei i riro mai i a matou mo taua wahi wenua, mo nga ratau mo nga awa, mo nga mea katoa i runga i raro i taua wenua. Erua takeu ma rima Paraikete, kotahi tekau ma rima Titaha, kotahi tekau Kapu, kotahi tekau Kobua, kotahi tekau ma rima Patiti, Kotahi poro tupeka, kotahi tekau Hate, kotahi tekau Tarautete, kotahi tekau Puka, Kotahi tekau Kote. Na, tirohia nei o matou tobu i tuhituhia i te ra tuatahi o Tihema, i te tau o to tatou Ariki kotahi mano e waru rau e toru tekau ma ono o nga tau.
Ko te tohu o te x Tara. Ko te tohu o te x Huaroa.
x Waru. x Nuku.
x Ruapuke. x Rangitapu.
x Haua. x Ko Tawero.
x Aotahi. x Mauritahu.
x Waikaha. x Tana.
x Hani. x Ruatara.
x Puangarahi. x Matahau.
x Herua. x Kaanini.
x Oko. x Wakaturia.
Ko nga kai titiro enei—
James Preece.
Turinui.
tana
Tamawati his x mark.
tohu.
Richard A. Fairburn.
Toarauawea.
A True Copy. Sepr. 1, 1841.
GRORGE CLARKE.
TRANSLATION.
KNOW all men who may see this document that we Tara and people, Waru and people, Ruapuke and people, Chiefs of Ngatiterau have given up entirely and sold to Mr. Fairburn that portion of land called Kumekume, Tapuika, and all places on the River Wairoa, the country, the lands, the woods, and all things above and below all that tract of land, for him and for his Children for ever, to sell, cultivate or do with as they please. And the boundaries of that piece of land are these. On the upper (or Southern) side, the Wairoa is the boundary, go on from thence to Papakura; on the Western side, Manukau is the boundary; and at Otahuhu in Tamaki it ends. And these are the payments which we hate received for that tract of land, for the woods, for the rivers, and for all things above and below that land, Twenty-five Blankets, Fifteen Axes, Ten Adses, Ten Iron-pots, Fifteen Hatchets, Half a Cask of Tobacco, Ten Shirts, Ten pair
![]() |
4.18 30 |
▲back to top |
1836-37] AUCKLAND DISTRICT. 309
Trowsers, Ten Spades, Ten plane-irons. Witness here our signatures written this day the first of December, in the year of our Lord, One thousand Eight hundred and Thirty-six.
[Witnesses.] [Signatures.]
A true translation. Sepr. 1, 1841.
GEORGE CLARKE.
ADDITIONAL RECEIPT.
KIA mohio nga tangata katoa e kite nei i tenei pukapuka, na, kua riro mai ki a au, ki a Tamaki, ma taku matua ma te Kawau he rangatira maua no Ngatiwatua, ma Kukuai he rangatira no Ngatiwau, i a te Pepene, kotahi paraikete wero, e rua paraikete ma, e rua pouaka, kotahi bate, kotahi tarautete, kotahi tekau pauna tupeka, hei utu mo to matou wahi wenua i Otahuhu, i hapa hoki matou i era utunga. Na, tirohia nei taku ingoa kua tuhia nei i te rua tekau ma ono o nga ra o Hurai, i te tau o to tatou Ariki, Kotahi mano e waru rau e toru tekau ma iwa; i Maraetai, Nu Tireni.
Ko nga kai titiro enei— TAMAKI.
John Ralph Wilson.
Richard Alexander Fairborn.
Mary Ann Preece.
TRANSLATION.
Kwow all men who may see this Document that I Tamaki, have received for myself, for
my father Kawau, both of us Chiefs of Ngatiwatua; for Rukuai a Chief of Ngatiwau, from Mr. Fairburn, One Scarlet Blanket, Two White Blankets, Two Boxes, One Shirt, One pair Trowsers, Ten pounds tobacco, as a payment for our portion of land at Otahuhu, as we did not receive our share of the former payments. Witness my name signed this day the Twenty-sixth of July, in the year of our Lord One thousand Eight hundred and Thirty-nine at Maraetai, New Zealand.
A True Copy and Translation. Sepr. 1, 1841.
G. CLARKE.
A True Transcript of Attested Copy of Original Deeds and Translations.
H. HANSON TUETON.
Wellington 25th February. 1879.
TAMAKI BLOCK
continued.
1839.
26 July.
TAMAKI BLOCK.
Receipt of Ngatiwhatua, &c.
1839.
26 July.
TAMAKI BLOCK.
Receipt of Nptiwhatua, &c.
No. 269A.
O.L.C.
Deeds—No. 348.
TAPUKAPUKA BLOCK, RIVER WAITEMATA, AUCKLAND DISTRICT.
Know all men by these presents that we whose names and seals are hereunto subscribed and set Native Chiefs of New Zealand for and in consideration of the several articles mentioned or indorsed on the back hereof being of the value of One hundred and Sixty pounds Sterling to us paid by William Webster now residing at Coromandel Harbour on the coast of New Zealand aforesaid at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged Have and each and every of us hath granted bargained, sold, assigned, released, and conveyed and by these presents Do and each and every of us doth according to our respective shares and proportions grant bargain sell assign release and convey unto the said William Webster his heirs executors administrators and assigns All that piece or tract of land called Tapukapuka situated and bounded as follows. On a small river or creek which empties into the Waitemata River commencing at a marked Kauri tree on the left side of the creek and running North West one quarter of a mile to the summit of a range of hill and commencing on the opposite side of the creek from the Kauri tree above mentioned and running South East one quarter of a mile, and following the above range of hills one mile North East containing by Estimation about three hundred and twenty acres, Together with all ways, waters, watercourses, hedges, ditches, trees and appurtenances whatsoever to the same belonging or in anywise appertaining and all the estate right titles and interests of us and each and every of us of in and to the same to have and to hold the said piece or tract of land with the appurtenances unto the said William Webster and his heirs to the use of the said William Webster his heirs and assigns for ever And we do hereby for ourselves and our heirs declare that we have not at any time heretofore sold or disposed of the said land or any part thereof any person or persons whomsoever And we do hereby covenant and declare that we have according to our respective shares and proportions good and lawful right to release and convey the same to the said William Webster and his heirs and all person claming under him to hold and enjoy the same without any molestation or distrbance from henceforth and for over. In witness whereof we have hereunto subscribed our names and affixed our seals this Seventeenth day of April in the year of our Lord one thousand eight hundred and thirty-seven.
his x mark NA NI HI.
his x mark TUIRE.
Signed sealed and delivered in the presence
of, the tenor of the above been
Lovet Thoroughgood his mark.
1837.
17 April.
AUCKLAND DISTRICT.
TAPUKAPUKA.
William Webster.
Boundaries. [330 acres.]
![]() |
4.19 31 |
▲back to top |
360 PROVINCE OF AUCKLAND, [1857
1857.
24 October.
COROMANDEL
DISTRICT.
PATAPATA.
Boundaries.
Receipt for £120.
1857.
24 October.
COROMANDEI.
DISTRICT.
PATAPATA.
Boundaries
Deeds—No. 292.
PATAPATA BLOCK, WAIAU, COROMANDEL DISTRICT.
TENEI PUKAPUKA. Tuku whenua i tuhituhia nei i tenei ra i te rua tekau ma wha o nga ra o Oketopa i tenei tau o to tatou Ariki a Ihu Karaiti kotahi mano e waru rau e rima tekau ma whitu 1857.
Tena ano etahi Pakeha he tamariki o Wikitoria to Kuini o Ingarani i hoko etahi whenua ki te Motu ki te Poroporo me etahi whenua hoki ki te tuawheuua ki te taha ki te hauauru o Waiau, i waiho e ratou etahi wahi o nga utu i whakaritea kihai i hoatu ki nga tangata, uo ratou aua whenua.
Tena ano hoki etabi papatupu i whakaauruauru ki roto ki to nga Pakeha kahore ano i bokona, no nga tangata o te Patukirikiri ena wahi, na, he mea tika kia hokona ena wahi inaianei kin tukua rawatia ki te Kuini o Ingarani mana, ma ana tukunga iho.
Na Kia Mohio Nga Tangata Katoa o kite nei tenei Pukapuka ko matou kua tuhituhia nei o matou ingoa ki tenei pukapuka nga rangatira me nga tangata o te Patukirikiri e noho ana ki Kapanga: na ka hoko ka tukua rawatia atu nei te Motu katoa ko te Poroporo ko tona rohe ki te waitai, takanoa, takanoa.
Ko nga rohe o te tuawhenua ka timata ki te Hihi ki te awa ki Kapanga ka baere ma te awa i keria a to Wepeha taenoatia ki to ruritanga o te Hiwhi, ki te keringa Koura haere tonu i taua ruritanga whiti tonu i te Waikarakia a—te nohoanga o te whare o te Kiri : haere tonu ki runga ki to taukaka a—Te Tihi o Taupiri a haere tonu ki runga ki to taukaka a Kaipo, heke tonu ki to moana ki Iwhitoto miri ki to moana whaka te tonga a—Whenuakura haere tonu te taha o te waitai a—Makariai, Patapata, te Wairoa te Tokanga a—to Muko, te Kauri a—te Hihi na ko te ahua o tenei Motu me tenei whenua ka tuku atu e mau ana ki te taha ki tua o tenei pukapuka. Ko nga utu kua riro mai ki a matou he pahitanga mo tenei whenua katoa: Kotahi rau ma hoko rua nga pauna moni £120.
Na Kia Mohio Nga Tangata Katoa e whalcaae ana matou i te rironga \\\\ai enei moni. Heoi kua oti i a maton te hurihuri, te poroporoaki, to tino tuku \\\\raw tenei whenua kua whakaaetia nei matou ki nga tikanga katoa o tenei pukapuka kua tubituhi nei o matou ingoa me o mat u tohu.
Mereana X. te ranapia te ruri.
Na Pita. Na Hoani.
Na Whiu pihona. Na Wetere x.
Ma koare tanui. Kuta.
Nga kai titiro ki enei tubinga ingoa—
J.W. Preece, Junr.
Kua riro mai ki a matou i tenei ra i te rua tekau ma wha o nga ra o Okatopa i te tau o to tatou Ariki kotahi mano e waru rau e rima tekau ma whitu 1857 nga pauna moni kotahi rau ma hokorua £120 ko te utu tenei kua whakahuatia ki te pupapuka tuku e mau i runga ake nei kua utua mai ki a matou e te Pirihi mo te Kuini.
Mereana x. te ranapia te ruri.
Pita. Hoani.
Na Wirm pihona. Wetere x.
Ma koare tanui. Kuta.
Nga kai titire ki te utunga o enei moni
me te tuhing., o nga ingoa—
J. W. Preece. Junr.
TRANSLATION.
THIS DEED entered into on this the 24 of October in this year of our Lord 1857.
Certain subjects of Her Majesty Victoria Queen of England having purchased part of the Island "Poroporo" and also portions of the mainland of Waiau, the final payments for which wore not made to the owners of the Land. There are also certain Reserves in the land sold belonging to the Patukirikiri Tribe which it is right should now be sold and given up to the Queen of England and her descendants.
Be it known to all men by these presents we the Chiefs and men of the Patukirikiri Tribe living at Kapanga now sell give up and make over the whole of that Inland called "Poroporo" the Boundaries of which is the sea on all sides (of said Island).
The boundaries of the main land Block commence at Te Hihi at To Kapanga creek and on by the canal cut by Mr. Webster till it reaches a survey line cut by Mr. Heapby to the gold diggings, thence on in that survey line crossing the Waikarakia creek, and on to the Nohoanga-o-te-Wharo-o-te-Kiri, thence on to the top of the range of hills to Te-Tihi-o-Taupiri and on to the range to Kaipo, and descending to the sea to Iwhitato, thence on by the sea shore southward to Whenuakura, thence on by the sea shore to Makariri, Patapata, To Wairoa, Te Tokanga and to Te Muko, Te Kauri and to Te Hihi The plan of the Island, and the Block on the main laud hereby sold is delineated on the back of this Deed, the full and final paymont for these lands has been received by us, being the sum of One Hundred and twenty Pounds, £120-0-0.
Now be it known to all men, that we hereby acknowledge to our having received the payment for these lands, and we have thought over and bid farewell to and fully given up and made over these lands as specified in this deed, and have also hereunto signed our names and marks.
Mereana Ranapia Te Ruri.
Pita, Hoani.
![]() |
4.20 32 |
▲back to top |
1857–58] COROMANDEL DISTRICT. 361
PATAPATA
continued.
Wirmpihona. Wetere x.
Makoare Tanui. Kuta.
Witness to signature of names—
J. W. Preece, Junr.
Received by us this 24 day of October in the year of our Lord 1857 the sum of Receipt for £120. £120 One Hundred and twenty Pounds, being the sum specified in the body of this
Deed, which sum has been paid to us by Mr. Preece for the Queen.
Mereana. Eanapia Te Ruri.
Pita. Hoani.
Wirmpihona. Wetere x.
Makoare Tanui. Kuta.
Witness to the payment of the money, and
signature of names—
J. W. Preece, Junr.
A true translation,
DONALD MCLEAN.
A True Copy of Original Deed and Translation.
H. . HANSON TURTON.
Wellington, January 7th, 1875.
Deeds—No. 293.
ORUA BLOCK, MERCURT BAY, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei rua tekau ma toru o nga ra o Hune i te tau o to tatou Ariki 1858 he Pukapuka tino boko tino hoatu tino tuku whakaoti atu na matou na nga Rangatira me nga Tangata o Ngatipaoa no ratou nga ingoa e mau i raro nei a hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri mo te tuhituhinga o o matou ingoa ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri ibo i a ia me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni E toru rau kua utua mai ki a matou e Te Makarini (Donald McLean) mo te Kuini (a e whakaaetia nei o matou te rironga mai o aua moni) ko taua wahi whenua katoa koi Whitianga ko Orua te ingoa o taua wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau Ana te korcro whakahaere ko te mapi hoki o taua whenua kua apititia ki tcnci. Mo ona rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki mo nga mea katoa o taua whenua o runga ranei o raro rauei i te mata o taua whenua me o matoa tikanga me o matou take me o matou paanga katoatanga ki taua wahi; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo to matou whakaatanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa mo o matou tohu. A hei tohu hoki me te whakaaetanga o te Kuini o Iugarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia, nci te iagoa o To Makarini Kaiwhaka-rite Whenua. Ko nga roho onei o taua whenuaka timata i te awa o Hahei i te taha o Boundaries to moana ka haore tonu i to tahntaha o te awa o Taiwawa haere tonu a te ngata awa o Te Hoho ka ahu whakauta i roto i taua awa a whakamau rawa atu ki te hiwi ki Purewa ka koki ka haerc a Te Tuara o Marumaruaitu tika tonu a te tuara o Paka ka koki ano a poupou tonu atu ki to awa o Hahei ka tutaki nga rohe.
DONALD MCLEAN,
HOPA X TOTOHI HOKIANGA. WIAEMU X TERAPE.
MAKA x HAEE. PAENGAHUKA x..
TlKAOKAO X.
Ko nga tangata i kito i te hoatutanga o nga
moni me to tuhiuga o nga ingoa—
George Friend, Accountant, L.P. Dept.
Wm. B. Baker, Chief Clk., L.P. Dept.
Kua riro mai ki a matou i tenei ra i to rua tekau ma toru o nga ra o Hune i te tau Receipt for £300. o to Tatou Ariki Kotahi mano o waru rau o rima tekau ma waru (1858) nga Pauna moni E toru rau takitahi (£300.0.0) Ko te utu tuatahi tenei kua whakahuatia ki te Pukapuka tuku o mau i runga ako nei kia utua mai ki a matou e To Makarini mo te Kuini.
HOPA x TOTOHI.
MAKA x HARE.
Nga Kai-titiro— TIKAOKAO X.
George Friend, Accountant, L.P. Dept.
William B. Baker, Chief Clerk, N.L.P. Dept.
TRANSLATION.
THIS DEED written on this twenty third day of June in the Year of our Lord 1858 is a
full and final sale conveyance and surrender by us the Chiefs and People of the Tribe
Ngatipaoa whose names are hereunto subscribed And Witnesseth that on behalf of
ourselves our relatives and descendants we have by signing this Deed under the shining
sun of this day parted with and for over transferred unto Victoria Queen of England
Her Heirs tho Kings and Queens who may succed Her and Her and Their Assigne for
1858.
23 Jne.
COROMANDEL
DISTRICT.
ORUA.
Boundaries.
Receipt for £300.
1858.
23 Juue.
COROMENDEL
DISTRICT.
ORUA.
![]() |
4.21 33 |
▲back to top |
362 PROVINCE OF AUCKLAND. [1858
ORUA
Continued.
Boundaries.
Receipt for £300.
e
ever in consideration of tho sum of Three hundred Pounds (£300.0 .0.) to us paid by Donald McLean Enquire on behalf of the, Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at and named Orua the boundaries whereof aro set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surfaco of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heira and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the namo of Donald McLean Comissioner is horeunto subscribed. (These are the boundaries of the Land commencing; at the Hahei stream near the sea thence continuing along the coast to Taiwawo Creek, thence to the mouth of Te Hoho) whenco it turns island in the course of that stream till it reaches the Purowa range, turning thence it proceeds to To Tuara o Marumaruaitu in a straight line to To Tuara o Paka where it turns again and descends to the Hahei stream where the boundaries close.
DONALD MCLEAN
HOPA Totom HOKLANOA x. WIREMC TE RAPA
MAKA HAHU x. PAENUAUONA X.
TIKAOKAO X.
Witnesses to the payment and signatures—
Goorge Friend, Accountant, L.P. Dept, Wm. B. Baker, Chief Clerk, L P. Dept.
Received. this twenty third day of June in the Year of Our Lord One thousand eight hundred and fifty eight (1858) the Sum of Three hundred Pounds slerling (£300 .0.0) being the first consideration money expressed in the above written Deed to be paid by Donald McLean Esquire on behalf of Her Majesty the Queen to us.
Motu x TOTORI.
MAKA x HARE.
Witnesses— TIKAOKAO X.
George Friend, Accountant, L.P. Dept.
William B. Baker, Chf Clk. L.P. Dept.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, November 16th, 1874.
1858.
16 July.
COAOMANDEL
DISTRICT.
Boundaries.
[1,182 acres.]
Deeds—No. 294.
WAILLS BLOCK, MERCURY ISLAND, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i teuci tekau ma rima o nga ra o Hurno i to tau o to tatou Ariki 1858 he Pukapuka lino hoko tino hoatu tino tuku whakaoti atu na malon na nga Rangatira me nga Taagata o Ngali Pupu me Ngati Maru no nga ingoa e mau i raro nei a hei whakantu tenaoi Pukapuka mo malon mo o matou whanaunga me o matou uri mo to tuhituhiuga o o matou ingou ki tenei pukapuka i raro i te ra o whiti nei kua whakarerea rawatia kun tino tuknua rawatia atu ki a Wikitoria Kuini o langarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i a ia me ana me a ratou o whakarito ai hei whakaritonga mo nga Pauna moni o rua rau e tekau ma wha £224 kua mua mai ki a matou o To Piribi kni whakarite whonua mo te Kuini (a o whakanet ia nci o mutens to rironga mai o aua moni) ko taua wahi whenua katoa kci Ahuahu ko Waihi to ingoa o toua wohi whenua ko nga roho kei i to Pukpuka nei c man ana to korero whaka- haero ko to mapi hoki o taua whenua kua apitilia ki tenei. Mo ona me ona kowhatu me one wai ino ona awa nui me oua rolo me ona awa ririki mo nga mea katoa o taua whenua o runga ranci o raro ranei i te main o taua whenua me o matou tikanga mo o matou take me o matou panugn katoatanga ki taua wahi; Kia. man tonu ki a Kuini Wikitoria ki ona uri ki aua o ai hei tino mau lonu ake lonu atu. A hei tohu mu to matou whakanetanga ki nga tikanga katoa o Lenci Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A hei lohu hoki mo le anga e to Kuini o Ingarani no tana wahi ki nga tikanga kate o tenci Pukapuka kua tuhia nei to ingoa o Te Pirihi Kaiwhakarito Whenua. Ro nga rohe onei o taun whenun ha timata i Waihi ki to wahi I hokona o Wopiha ka miri taha o to moaoa whaka to marangaia—Awanui a haere whaka to marangai ma raki a—Uruake ka miri tonu ki to taha o to moana a Omatonga a hurl whakauta a Puahutukawa ka anga whaka to hauauru ma tonga a—Tokokahakaha ka tahi ka anga whaka to moans i to maraugai ma tonga ki Woahi.
NA REHE. HAMIOR.
NA HA KI RANOI. PAKAO x.
KATARAINA I.
Ko nga tangats i kite i to hontutanga o nga
moni me to tuhinga o ngu. ingoa--
Horopeta x.
J. W. Proocer.
![]() |
4.22 34 |
▲back to top |
![]() |
4.23 35 |
▲back to top |
WAIPA
continued
Boundaries.
Receipt for £5.
1858
19 July.
COROMANDEL
DISTIRICT.
WAIPAO.
Boundaries.
Receipt for £5.
PROVINCE OF AUCKLAND, [1858
whenna kua apititia ki tenei. Me ona rakau me ona howhatu me ona wai inc ono awa nui mo ona roto me one awa riririlo me nga mea kal oa is taua whenua o runga ranci raro ranei i te mata o taua whenua me o matou tikanga me o matou take me malon paanga katoatanga ki taua wahi; Kia man tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarito ai hei tino mau tonu ako tonu Ata, A hei tohu mo to malon whaka-
actanga ki nga tikanga katoa o tenei Pukapuka kua tuhitubia noi o matou ingoa malon
tohu. A hei tohu hoki mo te whakaaetanga o te Kuini o Ingarani mo taua wahi ki nga
tikanga katoa a tenei Pukapuku kua tuhia nei te ingoa o Te Pirihi Kaiwhakarile Whenua.
Ko nga rohe euei o taua whenua ka timata i to taha o Motu Kari ka miri tonu ki te moana whaka to tonga a—Waipao ka rings; ki uta whaka to marangai ma tonga ki Trumata Maukuku ka tahi ka hoki whaka to tai ki to taha o Motu Kari.
HOROPETA x tona, tohu
Ko nga tangata i kite i to hoatuhanga o nga moni
me te tuhiuga a nga ingoa-
J. W. Preece.
Kua Tiro mai ki a matou i tenei ra i te—o nga ra o—i te tau n to Tatou A riki Kotahi mano a warn ran e rime tekau warn (185S) nga Panna moni e rima (£5) Ko te ut u tenci kua whakahuatia ki Pukapuka e mau i runga ake nei kia ut un alai ki a matou e To Piribi mo to kuini.
HOROPETA X tona tohu.
JAME8 PREECE,
Nga Kai-titiro— District Commissioner.
J. W. Preece.
TRANSLATION.
Tnia DEED written on this nineteenth 19th day of July the Year of our Lord 1858 is a full and final sale conveyance anti surrender by us tote Chief's and People of the Tribe of Ngati Koraho whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendents wo have by singing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Arsigns for ever in consideration of the Sum of live Pounds (£5) to us paid by James Preece on behalf cif the Queen Victoria (and wo hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Waiau and named Waipad the boundaries where of are set forth at the foot of this Deed and a plan or which Land is annexed I hereto with its trees minerals waters ricers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for over and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece land purchase Commissioner is hereunto subscribed. Those are the boundaries of the Land commencing at the side of Motu Kari and following the coast in a southerly direction to Waipao then running inland in a south casterly direction to Taumata Maukuku thence in a straight line to the sea at side of Motu Kari.
HOROPETA. I his mark.
Witnesses to the payment and signatures
J. W. Preece.
Received this day of in the Year of Our Lord One thousand eight hundred and fifty eight (1859) the Sum of five Pounds sterling (£5) being the consideration money expressed in the above-written Deed to be paid by James Preece on behalf of Her Majesty the Queen to us.
HOROPETA. x his mark.
Witnesses---
J. W. Preece.
A True Copy of Original Deed and Translation.
H. HANSON TURTON. Wellington, October 26th, 1874.
1858.
8 August.
COROMANDEL
DISTRICT
WAINUIOTOTO AND
PUNCAPUNCA,
Deeds—No. 298.
WAINUIOTOTO AND PUNGAPUNGA. BLOCK, WEAN GAPOUA, COROMANDEL DISTRICT.
TEMEI FUKAPUKA i tuhituhie i tenei to Waru n nga ra o Akuhata i to tau o to tatou Ariki 1858 he Pukapuka tino hoko tino boatu tino tuku whakaoti atu na mutou na nga Rangatira me nga Tangata o To Patukirikiri a Nga to Karaua o Ngati Pare no ratou uga ingoa e mau i raro nei a hei whakaatu tonei Pukapuka mo matou mo a matoa whauaunga me o matou uri mo te tubitahinga o o matou ingoa. ki tonei pukapuka i raro i to ra e whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu Id a Wikitoria Kuini o Ingarini ki ona uri ki nga Kingi ki ngu Kuini o muri iho i a in me ana me a ratou o whakarito ni hei whakaritonga mo uga Pauna moni E rua rau ma hake rima tekau ma rime kun utua mai ki a maton o Te Pirihi to kaiwhakarito whenua mo te Kuini (n e whakaactia nei o te rironga o aou moni) ko taua wahi whenua katon hei
![]() |
4.24 36 |
▲back to top |
1858]
COROMANDEL DISTRICT.
365
WAINUIOTOTO AND
PUNGAPUNGA
continued.
Whangapoua ko Wainuiototo ko te Pungapunga nga ingoa o taua wahi wbenua ko nga rohe kei raro i te Pukapuka nei e mau ana te korero whakabaere ko te mapi hoki
whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me awn nui rue ona roto me ona awa ririki me nga mea katoa o taua whenua o runga o ranei i te mata a taua whenua me o matou tikanga me o matou take me o matou paanga katoatanga ki taua wahi ; Kia man tonu ki a Kuini Wikitoria ki ona uri
ki ana ranci e whakarito ai hei tino mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa o matou tohu, A hei tohu hoki mo te whakaaetanga o te Kuini o Ingarini mo tana wahi ki nga tikanga katoa o tenei Pukapuka kna tuhia nei te ingoa o Te Pirihi
Whentia. Ko nga rohe enei o taua whenua ka timata i Te Harakeke ka haere whaka te hauauru ma tonga ka whai tonu ma runga o te tau a Te Panui ka buri whaka te marangai ma tonga a—Ahingarehu ka anga atu ki te awa ki te Hekenga ka miri tonu
ki te taha o te awa o te Pungapunga ka haere a—te Pua ka anga whaka te Tuaraki a —Parewa ka haere tonu a "Tereretauraki ka baere a—Motu Tou ka' anga ka haere ra te Akau a—Te Harakeke.
NA PITA. NA MOHI.
NA ANARU. NA PANE.
RAWIRI WARANA.
Ko nga tangata i kite i te hoatutanga o nga
moni me to tuhinga o nga ingoa-
Sargt. N. Bushill, Tutor, Coromandel. J. W. Preece, Farmer, Coromandel.
Kua riro mai ki a matou i tenei ra i te Waru o nga ra o Akuhata i te tau o to Tatou Ariki Kotahi mano a waru rau e rima tekau ma waru (1858) nga Pauna moni E rua ran e rima tekau ma rima (£255) Ko te utu tenei kua whakahuatia ki te Pukapuka e mau i runga ake nei kia utua mai ki a matou e Te Pirihi mo te Kuini.
NA PITA. NA MOHI.
NA ANABU. NA PANE.
RAWIRI WARAYA.
Nga Kai-titiro—
Sargt. N. Bushill, Tutor, Coromandel. J. W. Preece, Farmer, Coromandel.
JAMES PREECE,
District Commissioner.
Boundaries.
Receipt for £255.
1858.
8 August.
COROMANDEL
DISTRICT.
WAINUIOTOTO AND
PUNGAPUNGA.
Boundaries.
Receipt for £255.
TRANSLATION.
This DEED written on this eighth day of August in the Year of our Lord 1858 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Patukirikiri Ngati Karaua and Ngatipare whose names are hereunto subscribed And Witneaseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of Two hundred and fifty five pounds (£.255) to us paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Whangapoua named Wainuiototo and Pungapunga the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and over. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece district Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at the Harakeke and running in a south westerly direction following the windings of the ridge till it reaches Panui then in a south easterly direction to Ahingarehu then following the river Hekenga until it reaches the river Pungapunga which it follows as far as Te Pua from thence almost in a northerly direction to Parewa from thence to Tereretaruke then in a straight line to Motu Tou then following the coast to Te Harakeke.)
NA PITA. NA. MOHI.
NA ANARU NA PANE.
RAWIRI WARANA.
Witnesses to the payment and signatures—
Sargt. N. Bushill, Tutor, Coromandel.
J. W. Preece, Farmer, Coromandel.
Received this Eighth day of August in the year of our Lord One thousand eight hundred and fifty eight (1858) the Sum of Two hundred and fifty five Pounds sterling (£255) being the consideration money expressed in the above-written Deed to be paid by James Preece on behalf of Her Majesty the Queen to us.
NA PITA, NA MOHI.
NA ANARU. NA PANE. RAWIRI WARANA.
47
![]() |
4.25 37 |
▲back to top |
PROVINCE OF AUCKLAND,
366
[1858
WAINUIOTOTO AND
PUNGAPUNGA
continued.
Witnesses-
Sargt. W. Bushill, Tuter, Coromandel. J. W. Preece, Farmer, Coromaudel.
A True Copy of Original Deed and Translation.
H. HANSON TURTON. Wellington, October 26th, 1874.
1858.
12 August.
COROMANDEL
DISTRICT.
ATIU.
Boundaries. [300 acres.]
Two adjacent islands included.
Receipt for £52.
Deeds—No. 297.
ATTU BLOCK, MERCURY BAT, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei Tekau ma rua 12th o nga ra o Akuhata i te tau o tatou Ariki 1858 be Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na matou na nga Rangatira me nga Tangata o Ngati Marti no ratou nga ingoa e mau i raro nei a hei whakaatu tenei Pukapuka mo maton mo o matou whanaunga me o matou uri mo te
tuhituhinga o o matou ingoa ki tenoi pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i a ia me ana me a ratou owhakarite ai hei whakaritenga mo nga Pauna moni a rima tekau ma rua £52 kua utua mai ki a matou e Te Pirihi kai whakarite whenua mo te Kuini (a e whakaaetia nei e matou to rironga mai o aua moni) ko taua wahi whenua katoa kei te Marangai o Ahuahu ko Atiu te ingoa o taua wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau ana to korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki me nga mea katoa o taua whenua a runga ranei o raro ranei i te mata o taua whenua me o matou tikanga me o matou taka
o matou paanga katoatanga ki taua wahi ; Kia mau tonu ki a Kuini Wikitorie ki ona uri ki ana ranei e whakarite ai hei tine mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A hei tohu hoki mo te whakaaetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa a Te Pirihi Kaiwhakarito Whenua. Ko nga, rohe enei o taua whenua ka timata i Nihorahi miri tonu ma te taha o te moana a taka noa ki taua wahi ano. Me nga, motu e rua e takoto kite taha ki te Tuaraki ko Ngauraparapa te ingoa o tetahi ko Katoeka te ingos o tetahi.
PIRIKA.
HEHE
RAPANA x tona tohu.
Ko nga tangata i kite i te hoatutanga o nga
moni me te tuhinga o nga ingoa—
Taipari.
Kua riro mai ki a matou i tenei ra i te tekau ma rua 12 o nga ra o Akuhata i te tau o to Tatou Ariki Kotahi mano e waru rau e rima tekau ma waru (1858) nga Pauna moni E rima tekau ma rua (£52) Ko te utu tonei kua whakahuatia ki te Pukapuka tuku e mau i ruuga ake nei kia utua mai ki a matou e Te Pirihi kai whakarite whenua mo te Kuini.
PIRIKA
HERE.
RAPANA x tonu tohu.
Nga Kai-titiro— JAMES PREECE,
Taipari. District Commissioner.
1858.
12 August.
COROMANDEL DISTRICT.
ATIU.
Boundaries. [300 acrea]
TRANSLATION.
THIS DEED written on this twelfth 12th day of August in the Year of our Lord 1858 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngati Marti whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of fifty two Pounds (£52) to us paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Mercury Bay and named Atiu the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece district Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Nihorahi following
![]() |
4.26 38 |
▲back to top |
1858] COROMANDEL DISTRICT. 367
ATIU Continued.
Two adjacent islands included.
the beach round to the place from whence it commenced. Also including the two islands at the northern end the one named Ngauraparapa and the other Katoeka.
PIRIKA
HEHE
RAPANA X tona
Witnesses to the payment and signatures—
Taipari.
Received this twelfth 12th day of August in the Year of our Lord One thousand eight hundred and fifty eight (1858) the Sum of fifty two Pounds sterling (£52) being the consideration money expressed in the above-written Deed to be paid by James Preece on behalf of Her Majesty the Queen to us.
PIRIKA.
HEHE.
RAPANA X tona tohu.
Witnesses—
Taipara.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, October 26th, 1874.
Receipt for £52.
Deeds—No. 298.
MOTU REHU BLOCK, MERCURY BAY, COROMANDEL DISTRICT.
TENEI PUKAPCKA. i tuhituhia i tenei Tekau ma rua 12 o nga ra o Akuhata i te tau o to tatou Ariki 1858 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na matou na nga Rangatira me nga Tangata o Ngati Maru me Ngati Whanaunga no ratou nga ingoa e mau i raro nei a hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri mo te tuhituhmga o o matou ingoa ki tenei pukapuka i raro t to ra e whiti nei kua whakarerea rawatia kua tino tukuna, rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki uga Kuini o muri iho i a ia me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni E wha tekau £40 kua utua mai ki a
matou e Te mo te Kuini (a e whakaaetia nei e matou te rironga mai o aus moni) ko taua wahi whenua katoa kei Whitianga ko Motu Rehu te ingoa o taus wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau ana te korero whakabaere ko to mapi hoki
tatua whenua kua apititi ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nut me ona roto me ona awa ririki me uga men katoa o taus whenua o rungs ranei
raro ranei i te mata a taua whenua me o matou tikanga me o matou take me o matou paanga katoatanga ki taua wahi ; Kia mau tonu ki a Kuiui Wikitoria ki ona uri ki ana ranei e whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A hei tohu hoki mo te whakaaetauga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa o Te Pirihi Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i Pukehakoakoa miri touu ma te taha o to moana a taka noa ki taua wahi ano.
TE HOTERENE X tona tonu.
HAUAURU TAIPARI
HEHE.
Ko nga tangata i kite i te hoatutanga o nga moni me te tuhinga o nga ingoa—
Pirika.
Kua riro mai ki a matou i tenei ra i te Tekau ma rua 12 o nga ra o Akuhata i te tau
o to Tatou A riki Kotahi mano e warn rau e rims tekau ma waru (1858) nga Pauna, moui
e wha takau (£40) Ko te utu tenei kua whakahuatia ki te Pukapuka tuku e man i runga ake nei kia utua mai ki a matou o Te Pirihi kai whakarite whenua mo te Kuini.
TE HOTERENE X tona tohu.
HAUAURU TAIPARI.
HERE.
Nga Kai-titiro— JAMES PREECE,
Pirika. District Commissioner.
TRANSLATION.
THIS DEED written on this twelfth 12th day of August in the Year of our Lord 1858 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngati Maru and Ngati Whanaunga whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of forty Pounds (£40) to us paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Mercury Bay and named Motu Rehu the boundaries whereof are set forth at the foot of this Deed and a
1858.
12 August.
COROMANDEL
DISTRICT
MOTU REHU.
Boundaries [200 acres.]\_
Receipt for £40.
1858.
12 August.
COROMANDEL
DISTRICT.
MOTU REHU.
![]() |
4.27 39 |
▲back to top |
368
MOTU REHU
continued.
Boundaries. [200 acres.]
Receipt for £40.
PROVINCE OF AUCKLAND, [1858
plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece district Commissioner is hereunto subscribed. These aro the boundaries of the Land commencing Pukehakoakoa and following the beach round to the place from whence it commenced.
TE HOTERENE x tona tohu.
HAUAURU TAIPARI. HEHE.
Witnesses to the payment and signatures—
Pirika.
Received this twelfth 12th day of August in the Year of Our Lord One thousand eight hundred and fifty eight (1858) the Sum of forty Pounds sterling (£40) being the consideration money expressed in the above written Deed to be paid by James Preece on behalf of Her Majesty the Queen to us.
TE HOTERENE X tona tohu. HAUAURU TAIPARI,
HEHE.
Witnesses—
Pirika.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, October 26th, 1874.
1858.
13 August.
COROMANDEL DISTRICT.
PAEROA.
Boundaries.
Receipt for £30.
1858.
13 August.
COROMANDEL
DISTRICT.
PAEROA.
Deeds—No. 299.
PAEROA BLOCK, MERCURY ISLAND, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tohituhia i tenei tekau ma torn 13th o nga ra o Akuhata i te tau o to tatou Ariki 1858 he Pukapuka tino hoke tiuo hoatu tino tuku whakaoti atu na matou na nga Rangatira me nga Tangata o Ngati Karaua no ratou nga ingoa e mau i raro nei a hei whakaatu tenei Pukapuka me matou mo o matou whanaunga me o matou uri mo to tuhituhinga o o matou ingoa ki tenei pukapuka i raro i to ra o whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki
uri ki nga Kingi ki nga Kuini o muri iho i a ia me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni e £30 kua utua mai ki a matou e Te Pirihi me te Kuini (a e whakaaetia nei e matea te rivonga mai o aua ko taua wahi whenua katoa kei Ahuahu ko Paeroa te ingoa o taua wahi whenua ko nga rohe kei rare i te Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga ranei o raro ranei i te mata o taua whenua me o matou tikanga me o matou take me o matou paanga katoatanga ki taua wahi ; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua, tuhitahia nei o matou ingoa me o matou tohu. A hei tohu hoki mo te whakaaetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenoi Pukapuka kua tuhia nei to ingoa a To Pirihi Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i Waiparuparu
haere ki te maraugae ma tonga a—Urututu mare tonu i kona a—te Rae o Ngakoromatua miri tonu, ma tatahi a—Taiwhatiwhati katahi ha huri ki uta rua te taha o ta Wepiha a— Poteku ka huri whaka te tonga a—Parauri what tonu i tatahi a Waiparuparu.
RAWIRI WARANA.
Ko nga tangata i kite i te hoatutanga o nga moni me te tuhinga o nga ingoa—
J. W. Preece.
Kua riro mai ki a matou i tenei ra i te tekau ma toru 13th o nga ra o Akuhata i te tau o to Tatou Ariki Kotahi mano e warn rau e rima tekau ma waru (1858) nga Pauna moni e torn tekau (£30) Ko te utu tenei whakahuatia ki te Pukapuka tuku e man i rungs ake nei kia utua mai ki a matou a Te Pirihi Kaiwhakarite Whenua mo te Kuim.
RAWIRI WA RAN A.
Nga Kai–titiro— JAMES PREECE,
J. W. Preece. District Commissioner.
TRANSLATION.
THIS DEED written on this thirteenth 13th day of August in the Year of our Lord 1868 is a full and final Sale conveyance and surrender by us the Chiefs and People of the Tribe Ngati Karaua whose names arc hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we hare by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Hor Heirs the Kings and Queens who may succeed Her and lion and Their Assigns for over in consideration of the Sum of thirty Pounds (£30) to us
![]() |
4.28 40 |
▲back to top |
1858] COROMANDEL DISTRICT. 369
PAEROA continued.
paid by James Preece on behalf of the Queen Victoria (and wo hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Ahuahu and named Paeroa the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her
and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece district. Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Waiparuparu and running in a South easterly direction to Urututu then in a direct. line to Ngakoromatua point, then following the sea coast as far as Taiwhatiwhati then running inland and adjoining Webstor'x purchase as far as Poteku from thence a southerly direction to Parauri then along the harour to Waiparuparu
RAWIRI WRANA.
Witnesses to the payment and signatures
J. W. Preece.
Received this thirteenth 13th day of August in the Year of Our Lord One thousand eight hundred and fifty eight (1858) the Sum of thirty Pounds sterling (£30) being the consideration money expressed in the above-written Deed to be paid by James Preece on behalf of Her Majesty the Queen to us.
RAWIEI WARANA.
Witnesses—
J. W, Preece,
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, October 23rd, 1874.
Boundaries.
Receipt for £30.
Deeds.—No. 300.
ROA BLOCK, MERCURY ISLAND, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tenei tekau ma toru 13 n nga ra o Akuhata i te tau o to
tatou Ariki 1858 he pukapuka tino hoko tine hoatu tino atu na matau na nga Rangatira me nga Tangata o Ngati ,Karaua no ratou nga mgoa e mau i rare nei a hei whakaatu tenei Pukapuka maton mo o matou whanaunga me o matou uri mo to o e maton, ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakareres rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini it Iugarrtni ki ona uri ki nga
Kingi ki nga muri iho i a ia me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni o rua tekau ma rims £25 kua utua mai mai ki a rnatou c Te Pirihi kai whakarite whenua mo to Kuini (a e whakaaetia nei e matou to rironga mai o aua moni) ko taua wahi whenua katoa kei Ahuahu ko Raparoa te ingoa o taua wahi whenua ko nga robe kei raro i te Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki e taua whenua kua apititin ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona rote me ona awe ririki me nga mea katoa o taua whenua o rungs ranei o raro ranei i te mata o taua whenua me o matou tikanga me o matou take me o matou paanga katoatanga ki taua wahi ; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A hei tohu hoki mo te whakaaetauga o te Kuini o Ingarini mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa o Te Pirihi Kaiwhakarite Whenua. Ko nga rohe enei o taus whenua ka timata i Pukekokoromiko haere whaka te marangae a Omomona miri tonu ki te taha o to Ngati Pupu a Puahutukawa a whai tonu i te awa o Tangihiamahanga a—puta noa ki te moana miri tonu ki te taha a te moana a Pukekokorimiko.
POKAIHAKA X tona tohu.
REUARA X tona tohu.
RAWIRI TE EKEHUA X tone hua
Ke nga tangata i kite i te hoatutanga o nga
moni me te tuhinga o nga ingoa—
J. W. Preece.
Kua riro mai ki a matou i tenei ra i te tekau ma toru o nga ra o Akuhata i te tau o to Tatou Ariki Kotahi mano e waru rau e rima tekau ma waru (1858) nga Pauna moni e
rua tekau ma rimea(£25) Ko te utu tenei kua whakahuatia ki te Pukapuka tuku e mau i rungs ake nei kia utua mai ki a matou e Te Pirihi kai whakarite whenua mo te Kuini.
POKAIHAKA x tona tohu.
REHARA x tona tohu.
RAWIRI TE EKEHUA X tona tohu.
NgaKai–titiro— JAMES PREECE,
J. W. Preece. District Commissioner.
1858.
13 August.
DISTRICT
RAPAROA.
Boundaries.
Receipt for £25.
![]() |
4.29 41 |
▲back to top |
1266
370 PROVINCE OF AUCKLAND, [1858
1858.
13 August.
COROMANDEL
DISTRICT.
RAPAROA.
Boundaries.
Receipt for £25.
TRANSLATION.
THIS DEED written on this thirteenth 13th day of August in the Year of our Lord 1858 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngati Karaua whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of twenty five Pounds (£25) to us paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Ahuahu and named Raparoa the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertain- ing to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece district Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Pukekokoromiko and running in an easterly direction as far as Omomona then adjoining the piece purchased from Ngati Pupu as far as Puahutukawa then following the Tangihiamahanga creek to the sea then following the sea coast as far as Pukekokoromiko.
POKAIHAHA X tona tohu.
REHARA X tona tohu
RAWIRI TE X tona tohu. Witnesses to the payment and signatures -
J. W. Preece.
Received this thirteenth 13th day of August in the Year of our Lord One thousand eight hundred and fifty eight (1858) the sum of twenty five pounds sterling (£25) being the consideration money expressed in the above-written Deed to be paid by James Preece on behalf of Her Majesty the Queen to us.
POKAIHAKA X tona tohu.
REHARA X tona tohu.
RAWIRI TE EKKHUA X tona tohu. Witnesses-
J. W. Preece.
A True Copy of Original Deed and Translation.
H. HANSON TURTON. Wellington, October 30th, 1874.
1858.
4 September.
COROMANDEL
DISTRICT.
MATAKITAKI.
Boundaries.
Deeds—No. 301. MATAKITAKI BLOCK, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei 4 te wha o nga ra o Hepetema i te tau o to tatou Ariki 1858 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu naku he Rangatira no Te Putukirikiri noku te ingoa e mau i raro nei a hei whakaatu tenei Pukapuka moku mo oku whanaunga me oku uri mo te tuhituhinga o toku ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i a in me ana me a ratou e whakarite ai hei whakaritenga me nga Pauna moni e waru tekau £80 kua utua mai ki ahau e Te Pirihi kai whakarite whenua mo te Kuini (a e whakaaetia nei e ahau te rironga mai o aua moni) ko taua wahi whenua katoa kei Waiau ko Matakitaki to ingoa o taua wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau aua te korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona rote me ona awa ririki me nga mea katoa o taua whenua o runga ranei o raro ranei i te mata o taua whenua me toku tikanga me
toku take me toku paanga katoatanga ki taua wahi; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo toku whakaaetanga ki nga tikanga katoa o tenei Pukapuka kuatuhituhia nei toku ingoa. A hei tohu hoki mo te whakaaetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa o Te Pirihi Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i Matakitaki haere tonu whaka te Marangae marake a tuhaki i te awa o Pitote whai tonu i te tau rewarewa a Te taheke ka huri ki te marangae ma tonga whai tonu i te taukaka o runga piko atu piko mai a - Pukerahui ka haere whaka te hauauru ma tonga ka tutaki atu ki ta te Pirihi ki Te Tutu miri tonu ki te taha o ta Te Pirihi a Matakitaki.
Na TE ARAKURI
Ko nga tangata i kite i te hoatutanga o nga
moni me te tuhinga a nga ingoa -
J. W. Preece, Farmer, Coromandel.
Mary Ann Preece, Coromandel.
![]() |
4.30 42 |
▲back to top |
1858] COROMANDEL DISTRICT. 371
MATAKITAKI
continued.
Receipt for £80.
Kua riro mai ki ahau i tenei ra i te 4 wha o nga ra o Hepetema i te tau o to Tatou Ariki Kotahi mano e waru rau e rima tokau ma waru (1858) nga Pauna moni e waru tekau (£80) Ko te utu tenei kua whakabuatia ki te Pukapuka tuku e mau i runga ake nei kia utua mai ki ahau e Te Pirihi mo te Kuini.
Na TE ARAKURI.
Nga Kai-titiro-
J. W. Preece, Farmer, Coromandel. James PREECE,
Mary Ann Preece, Coromandel. District Commissioner.
TRANSLATION.
THIS DEED written on this 4th fourth day of September in the Year of our Lord 1858 is a full and final sale conveyance and surrender by me a Chief of the Tribe Patukirikiri whose name is hereunto subscribed And Witnesseth that on behalf of myself my relatives and descendants I have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of eighty Pounds (£80) to me paid by James Preece on behalf of the Queen Victoria (and I hereby acknowledge the receipt of the said monies) all that piece of my Land situated at Waiau and named Matakitaki the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all my right title claim and interest whatsoever thereon To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of my consent to all the conditions of this Deed I have hereunto subscribed my name. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece district Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Matakitaki and running in a north easterly direction crossing the river Pitote then following the Rewarewa ridge to Te Taheke then running in a south easterly direction, and following the windings of the highest range as far as Pukerahui then turning in almost a south westerly direction running in a straight line meeting Mr. Preece's land at Te Tutu and following the boundary of the same to Matakitaki.
Na TE AKURI.
Witnesses to the payment and Signatures - J. W. Preece, Farmer, Coromandel. Mary Ann Preece, Coromandel.
Received this 4th fourth day of September in the Year of Our Lord One thousand eight hundred and fifty eight (1858) the Sum of eighty Pounds Sterling (£80) being the consideration money expressed in the above written Deed to be paid by James Preece on behalf of Her Majesty the Queen to me.
Na TE AKURI.
Witnesses-
J. W. Preece, Farmer, Coromandel. Mary Ann Preece, Coromandel.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, December 9th, 1874.
1858.
4 September.
COROMANDEL
DISTRICT.
MATAKITAKI.
Boundaries.
Receipt for £80.
Deeds—No. 302.
PAPAWHAKAN0H0 BLOCK, WAIAU, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei te ono o nga ra o Oketopa i te tau o to tatou Ariki 1858 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu naku he Rangatira no Ngati Whanaunga noku te ingoa e mau i raro nei a hei whakaatu tenei Pukapuka moku mo oku whanaunga me oku uri mo te tuhituhinga o toku ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kua tino tukuna, rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i ia me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni e ono tekau ma toru £63 kua utua mai ki ahau e Te Pirihi mo te Kuini (a e whakaaetia nei e ahau te rironga mai o nua moni) ko taua wahi whenua katoa kei Waiau ko Papawhakanoho te ingoa o taua wahi whenua ko nga rohe kei raro i te Pupapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga ranei o raro ranei i te mata o taua whenua me toku tikanga me toku take me toku paanga katoatanga ki taua wahi; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei a whakarite ni hei tino mau tonu ake tonu atu. A hei tohu mo toku whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tubitubia nei toku ingoa me toku tobu. A hei tohu hoki mo te whakaaetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa a tenei Pukapuka kua tuhia nei te ingoa o Te Pirihi Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i Otanimoeroa haere whaka te marangae a—Kopuranui ka huri whaka te marangae ma
1858.
6 October.
COROMANDEL
DISTRICT.
PAPAWHAKANOHO.
Boundaries
![]() |
4.31 43 |
▲back to top |
372 PROVINCE OF AUCKLAND, [1858
PAPAWHAKANOHO
continued.
Receipt for £63.
1858. 6 October.
DISTRICT.
PAPAWHAKANOHO.
Boundaries.
Receipt for £63.
raki a—te awa o Kaikahawai whai tonu i taua awa a Waitahora huri whaka to hauauru ma te ruritanga o te Whiwhi a—Te Papa hacre ki te marangai ma tonga miri tonu ki te taha o te Awa Kanae a—Ongohe ka mahue te awa haere ma te ruritanga a O tanemooroa.
HOROPETA X tona tohu.
Ko nga tangata i kite i te hoatutanga o nga
moni me te tuhinga o nga ingoa-
Thomas Adamson.
Mary Ann Preece, Coromandel.
Kua riro mai ki ahau i tenei ra i te ono o nga ra o Oketopa i te tau o to Tatou Ariki Kotahi mano a waru rau e rima tekau ma waru (1858) nga Pauna moni e ono tekau ma toru (£63) Ko te utu tenei kua whakahuatia ki te Pukapuka tuku e mau i
runga ake nei kia utua mai ki ahau e Te Pirihi kai whakarite whenua mo te Kuini.
HOROPETA X tuna tohu.
JAMES PREECE,
District Commissioner. Nga Kai.titiro-
Thomas Adamson.
Mary Ann Preece, Coromandel.
TRANSLATION.
THIS DEED written on this sixth day of October in the Year of Our Lord is a full
and final sale conveyance and surrender by me a Chief of the Tribe Ngati Whanaunga
whose name is hereunto subscribed And Witnesseth that on behalf of myself my
relatives and descendants I have by signing this Deed under the shining sun of
this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of sixty-three pounds (£63) to us paid by James Preece district Commissioner on behalf of the Queen Victoria (and I hereby acknowledge the receipt of the said monies) all that piece of my Land situated at Waiau and named Papawhakanoho the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees mineral waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all my right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of my consent to all the conditions of this Deed I have hereunto subscribed my name. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece district Commissioner is hereunto
subscribed. These are the boundaries of the Land commencing at Otanimoeroa and running in almost an easterly direction to Kopuranui then in a north easterly direction to the creek of Kaikahawai following that creek to Waitahora then running almost west along Mr Heaphy's line to Te Papa then following the Awa Kanac Creek in a south easterly direction as far as Onohe then leaving the creek and following the surveyed line to Otanemoeroa.
HOROPETA X tuna tohu. Witnesses to the payment and signatures
Thomas Adamson.
Mary Ann Preece, Coromandel.
Received this sixth day of October in the Year of Our Lord One thousand eight hundred and fifty eight (1858) the Sum of sixty three Pounds sterling (£63) being the consideration money expressed in the above-written Deed to be paid by James Preece district Commissioner on behalf of Her Majesty the Queen to me.
HOROPETA X tona tohu. Witnesses-
Thomas Adamson.
Mary Ann Preece, Coromandel.
A True Copy of Original Deed and Translation.
H. HANSON TURTON. Wellington, Nov. 17th, 1874.
1858.
13 November.
COROMANDEL
DISTRICT.
PUKEATUA.
Deeds—No. 303.
PUKEATUA BLOCK, COROMANDEL DISTRICT,
TENEI PUKAPUKA i tuhituhia i tenei te tekau ma toru o nga ra o Noema i te tau o to tatou Ariki 1858 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu naku na te Rangatira o Te Patukirikiri noku te ingoa e mau i raro nei a hei whakaatu tenei Pukapuka moku mo oku whanaunga me oku uri mo te tuhituhinga o toku ingoa ki tenei pukapuka i raro i tera e whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria te Kuini o Ingarani ki ona uri hi nga Kingi ki nga Kuini o muri iho i a ia me ana me a raton e whakarite ai hei whakaritonga mo nga Pauna moni e whitu tekau £70 kua utua mai ki ahau a te Pirihi kai whakarite whenua mo te Kuini (a e whakaaetia nei e ahau te rironga mai o rua moni) ko taua wahi whenua katoa kei
![]() |
4.32 44 |
▲back to top |
374 PROVINCE OF AUCKLAND, [1858
1858.
27 November.
COROMANDEL
DISTRICT.
TAWHITIRAHI.
Boundaries.
Receipt. for £310.
1858.
27 November.
COROMANDEL
DISTRICT.
TAWHITIRAHI
Boundaries.
Deeds—No. 304.
TAWHITIRAHI BLOCK, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei i to 27 o uga ra o Nowema i te tau o to tatou Ariki 1858 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na matou na Rangatira me nga Tangata o Ngatiwhanaunga no ratou nga ingoa e mau i raro no
hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri mo te tuhituhinga o o matou ingoa ki tenei pukapuka i rare i te ra e whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarini ki ona uri ki nga Kingi ki nga Kuini o muri iho i a ia me ana me a ratou e whakarite ai hei
whakaritenga mo nga Pauna moni E toru ran e wha tekau kua mua mai ki a matou e te
Makarini mo te Kuini (a e whakaactia nei e inatou te rironga mai o aua moni) ko taua
wahi whenua katoa kei Waiau ko Tawitirahi to ingua o taua wahi whenna ko nga rohe
kei raro i te Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua
whenua kua apititia ki tenei Me ona rakau me ona kowhatu me ana wai ino ana
awa nui me una roto me ona awa ririki nga mea katoa o taua whenua a runga ranei o raro ranei te mata o taua whenua me o matou tikanga me o
matou take me o matou paanga katoatanga ki taua wahi ; kia mau tonu ki
a Kuini Wikitoria ki ona uri ki ana ranci e whakarite ai hei tino mau tonu ake
tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhin nei o matou ingoa me o matou tohu. A hei tohu hoki mo te whakaaetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei to ingoa o Donald McLean Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i te Kaikatea roa ka haere i te taha o te awa Kanae a ka haere wakatetonga ki Waitoetoe ka huri ki te marangai ma tonga a te Ana o Mohao ka onga ki te marangai Tawiti Kaitara haere a Tawitirahi a haere tonu Waiokura miri tonu ki te taha o te awa, o Tawitirahi a te Reretiti puta atu ki Waiau ka miri tonu ki te Awa o Waiau a te Totara ka hoki waka to hauauru tika tonu ma te ruritanga a Okaraiti ka miri i to taha o te awa o te Hinau a te a te awa o Papangu hoki waka te haunuru tika tonu ma te ruri Kaikahawai puta noa ki Kopura nua ka waiho i te
tau o Kopura nui haero tonu Kaikaikatea roa, erangi ko nga rakau kauri 250—i hokona
ki nga pakeha mo matou ena.
MAIHI MOKONGOHI.
WIREMU PATENE X RAUKURA.
Ko nga tangata i kite i te hoatutanga o nga moni me te tuhinga o nga ingoa- Te Whairahi
Rawiri X te Rahui.
James Preece.
Kua riro mai ki a matou i tenei ra i te 27 o nga ra o Nowema i te tau o to Tatou Ariki Kotahi mano e waru rau e rima tekau ma warn (1858) nga Pauna moni E toru rau e wha tekau (£340), Ko te utu tenei kua whakahuatia ki te Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou e te Makarini mo te Kuini.
PATENE X BAUKURA.
Nga Kai-titiro— JAMES PREECE. Te Whairahi x.
Rawiri x te Rahui.
James Preece.
TRANSLATION.
THIS DEED written on this 27th day of November in the year of our Lord 1858 is a full and final sale conveyance and surrender by us the Chiefs and people of the tribe Nga, tiwhanaunga whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queen's who may succeed Her and Her and their Assigns for ever in consideration of the sum of Three hundred and forty Pounds paid to us by Mr. McLean on behalf of Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of land situated at Waiau and named Tawhitirahi the boundaries whereof are set forth at the foot of thin deed and n plan of which laud is annexed thereto with the trees minerals waters rivers lakes streams and all appertaining to the said land or beneath the surface of the said land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of' our consent to all the conditions of this deed we have hereunto subscribed our names and marks. And in testimony of the consent of tho Queen of England on her part to all the conditions of this deed the name of Donald McLean Commissioner is hereunto subscribed. These are the boundaries of the laud commencing at Kaikatearoa thence it runs along the bank of To Awakanae thence in a southerly direction to Waitoetoo thence towards the South East. to Te Ana o mohao thence towards the East to Tawhitikaitara thence to Tawhitirahi thence to Waiokura thence along the bank
the Tawhitirahi to Te Reretiti thence to Waiau thence along the Waiau to To Tota thence towards the west by Okaraiti's (?) survey thence along the banks of the Hinau to the Papangu stream thence towards the west along the survey to Kaikahawai
![]() |
4.33 45 |
▲back to top |
1270 1858] COROMANDEL DISTRICT. 375
TAWHITIRAHI
continued.
Receipt for £340.
thence to Kopuranui thence along the ridge of Kopuranui to Kaikakatearoa but the
250 kauri trees sold to the pakena we except them.
[Witnesses]. [Signatures]
Received this 27th day of November in the year of our Lord One thousand eight hundred and fifty eight (1858) the sum of Three hundred and forty Pounds (£340) being the consideration money expressed in the above-written deed to be paid by Mr. McLean on behalf of Her Majesty the Queen to us.
[Witnesses] [Signatures.]
Correct Translation-
T. E. YOUNG, Translator, Native Department.
A True Copy of Original Deed and Translation-
H. HANSON TURTON. Wellington, October 16th, 1874.
Deeds—No. 305.
WAITAPU BLOCK, MERCURY ISLAND, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei 29 o nga ra o Nowema i te.tau o te tatoa Ariki 1858 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na matou na nga Rangatira me nga Taugata o Ngatitehihi no ratou nga ingoa e mau i raro a hei whakaatu tenei Pukapuka mu matou mo o matou whanaunga me o matou uri mo te
tuhituhinga o o matou ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki una uri ki nga
Kingi ki nga Kuini o muri iho i a ia me ana me a ratou e whakarite ai hei whakaritenga
mo nga Panna moni E rima tekau kua utua mai ki a matou e te Makaru i mo te kuini (a e whakaaetia nei e maton te rironga mai o nua moni) ko taua wahi whenua katoa kei
Ahu Ahu ko te Waitapu te ingoa o taua wahl whenua ko nga rone kei rare i te Puka-
puka nei e mau nua te korero whakahaere ko te mapi hokuo taua whenua kua apititia
ki tenei. Me ana rakau me ona kowhatu me ona wai me ona awa hui me ono roto me
ono awa ririki me nga mea katoa o taua whenua o runga ranei o raro ranei i te mata o
tana whenua me o maton tikanga me o matou take me o matou paanga katoatauga ki taua
wahi; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarine ai hei
mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga
katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A nei tohu
hoki mo te whakaeeetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o
tenei Pukapuka kua tuhia nei to ingoa o Donald McLean Kaiwhakarite Whenua. Ko
nga robe enei o tana whenua ka timata i te taha kua hokona o au ki te Kawanatanga ka
rere na te Uruake puta noa i te taha o te moana ki te Koru ka witi i te ngot inga ki
te wahi i whakatapua mo te Moananui puta noa ki te Waitapu ka rere i te awa o te
Waitapu ki tona matamata tae ki Ngatokarua rere tika tonu ki Pohutukawa ka ahu na te rama o te ruritanga ki te Uruake.
TE WAIRAHI.
Ko nga tangata i kite i te hoatutanga o nga
moni me te tuhinga o nga ingoa-
J. W. Preece, Settler, Coromandel. James Pulloon, Messgr., Auckland.
Kua riro mai ki a matou i tenei ra i te 29 o nga ra o Nowema i te tau o to Tatou Ariki Kotahi mano e waru rau e rima tekau ma—(1858) nga Pauna moni E rima tekau (£50) Ko te utu tenei kua whakahuatia ki te Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou e te Makarini mo te Kuini.
TE WAIRAHI.
Nga Kai Titiro— J. W. Preece, Settler, Coromandel.
James Fulloon, Messgr., Auckland.
1858
29 November
COROMANDEL
DISTRICT.
WAITAPU.
Boundaries.
Receipt for £50.
TRANSLATION.
THIS DEED written on this Twenty-ninth (29th) day of November in the Year of our Lord 1858 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngatitihihi whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of Fifty Pounds (£50 . 0 .0) to us paid by Donald McLean Chief Land Purchase Commissioner on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Ahuahu and named Te Waitapu the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon. To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we
1858.
20 Norember.
COROMANDEL
DISTRICT
WAITAPU.
![]() |
4.34 46 |
▲back to top |
376 PROVINCE OF AUCKLAND, [1858-59
WAITAPU continued.
Boundaries.
Receipt for £50
Receipt for £3 for Motu Taupiri.
Translation.
have hereunto subscribed our names and marks. And in testimony of our consent to all the conditions of this Deed the name of Donald McLean Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at on the side sold by me to the Government Te Uruake, thence along the sea coast to Te Koru crossing the neck of hand at the boundary of the part reserved for Te Moananui thence to T Waitapu, following the course of the Waitapu to its source. thence to Ngatokarurua thence in a straight line to the Pohutukawa tree,—it then follows the survey line to Te Uruake where the boundaries join.
(Sd.) TE WAIRAHI.
Witnesses to the payment and signatures-
J. W. Preece. Settler, Coromandel
James Fulloon. Messgr., Auckland.
Received this 29th day of November in the Year of our Lord One thousand eight hundred and fifty-(1858) the Sum of Fifty Pounds sterling (£50 . 0) being the consideration money expressed in the above-written Deed to be paid by Mr McLean on behalf of Her Majesty the Queen to us.
(Sd.) TE WAIRAHI
Witnesses-
(Sd.) J. W. Preece, Settler, Coromandel.
James Fulloon, Messgr., Auckland.
Kua riro mai i a matou e toru pauna £3 hei utu mo Motu Taupiri. WlREME KINGI.
We have received the sum of Three Pounds as payment for Motutaupiri.
WIREME KINGI.
A True copy of Original Deed and Translation.
H. HANSON TURTON. Wellington, October 29th, 1874.
1859.
12 March.
COROMANDEL
DISTRICT.
---
KAURI.
Boundaries.
Receipt for £170.
Deeds—No. 306.
KAURI BLOCK, MERCURY BAY, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei to tekau ma rua o nga ra o Mache 12th i te tau o to tatou Ariki 1859 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na maton na nga Rangatira me nga Tangata o Ngati Paoa no raton nga ingoa e mau i raro nei hei whakaatu tenei Pukapuka mo matou ma o maton whanaunga me a maton uri mo te tuhituhinga o o maton ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea
rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga
Kingi ki nga Kuini o muri iho i a ia me ana me a ratou e whakarite ai hei whakaritenga
mo nga Pauna moni kotahi rau e whitu tekau 170 kua atua mai ki a matou e Te Pirihi
mo te Kuini (a e whakaaetia nei e matou te rironga mai o ana moni) ko taua wahi whenua katoa kei Whitianga ko Te Kauri te ingoa o taua wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua whenua
kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki me nga mea katoa o taua whenna o runga ranei o raro ranei i te mata o taua whenua me o matou tikanga me o matou take me o matou paanga
katoatanga ki taua wahi ; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o maton ingoa me o matou tohu. A hei tohu hoki mo te whakaaetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhin nei te ingoa o Te Pirihi te Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i Waitaia haere tonu ma tatahi a
—Pokoharo ka rohe ka rere ki uta a Puke iti a whaka te hauauru ma raki ki Ramarama ka haere whaka te hauauru a—Wharua ka huri ki to hauauru ma tonga a—Mahungatia tai maro tonu i reira a Te Kai o Te Paraua ka huri ki te tonga a—tika tonu ki Waitaia.
NAMAI TEHINAKI.
Ko nga, tangata i kite i te hoatutanga o nga
moni me te tuhinga o nga ingoa-
J. W. Preece, Farmer, Coromandel.
Hy. Woodward Williams, Tutor, Coromandel.
Kua riro mai ki a matou i tenei ra i te o nga ra o te tau o to Tatou Ariki Katahi mano e waru rau o rima tekau ma iwa (1858) nga Pauna moni Kotahi rau e whitu tekau (£170) Ko te uta tenei kua whakahuatia ki to Pukapuka tuka o mau i
runga ake nei kia utua mai ki a matou e Te Pirihi kai whakarite whenua mo te Kuini.
Nga Kai-titiro-
J. W. Preece, Farmer, Coromandel.
Hy. Woodward Williams, Tutor, Coromandel.
JAMES PREECE,
District Land Purchase Commissioner.
![]() |
4.35 47 |
▲back to top |
1272
1859] COROMANDEL DISTRICT. 377
TRANSLATION
THIS DEED written on this the twelfth 12th day of March in the Year of our Lord 1859 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngati Pana whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the sum of One hundred and seventy Pounds (£170 .0. 0) to us paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Whitianga and named Te Kauri the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs
and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to
all the conditions of this Deed the name of James Preece the Land Purchase Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Waitaia running along the sea beach to Pokoharu where it ends, proceeding thence
inland to Pukeiti it goes North Westerly to Ramarama and then more Westerly to
Wharua where it turns to the South West as far as thence in a straight
line to Te Kai e Te Paraua where it to the South and proceeds in a right line to
Waitaia.
(signed)
Witnesses to the payment and signatures-
(Signed) J. W. Preece, Farmer. Coromandel.
Hy. Woodward Williams, tutor, Coromandel.
Received this twelfth day of March in the Year of Our Lord One thousand eight hundred and fifty nine (1859) the Sum of One hundred and seventy Pounds sterling (£170 .0 . 0) being the consideration money expressed in the above-written Deed to be paid by James Preece Commissioner on behalf of Her Majesty the Queen to us
(Signed)
Witnesses-
(Signed) J. W. Preece, Farmer, Coromandel.
Hy. Woodward Williams, Tutor, Coromandel.
A True copy of Original Deed and Translation.
H. HANSON TURTON. Wellington, November 4th 1874.
1859.
12 March.
COROMANDEL
DISTRICT.
KAURI.
Boundaries.
Receipt for £170
Deeds—No. 307.
OTOT0R0 BLOCK, MERCURY BAy, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei te tekau ma waru o nga ra o Maihi i te tau o to tatou Ariki 1859 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na matou na nga Rangatira me nga Tangata o Ngati Rangi no ratou nga ingoa o mau i raro nei a hei whakaatu tenei Pukapuka mo matou me o matou whanaunga me o matou uri mo te tuhituhinga o o maton ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea
rawatia kua tino tukuna rawatia atu ki a Wikitoria te Kuini o Ingarani ki uri ki nga Kingi ki nga Kuini o muri iho i a ia me aua me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni E rima tekau ma rima kua utna mai ki a matou e Te Pirihi mo te Kuini (a e whakaaetia nei e matou te rironga mai o aua moni) ko taua wahi whenua katoa kei Whitianga ko Ototoro te ingoa o taua wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau ana te korero whakahaere ko te inapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga ranei o raro ranei i te mata o taua whenua me o matou tikanga me o matou take me o matou paanga katoatanga ki taua wahi; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A hei tohu hoki mo te whakaaetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa o Te Pirihi Kaiwhakarite
Whenua. Ko nga rohe enei o taua whenua ka timata i Puketutu miri tonu ma te taha o te Awawaroa o Ototoro ka whai i te awa a—Pukemanuka ka maro tonu a Maungaroa a—Pukerewarewa ka huri ka haere a Te Kai ote Paraua a miri tonu ki te pihi i hokona e Mache a—Puketutu.
KO EPARAIMA KINGI.
TONO X his mark.
Ko nga tangata i kite i te hoatutanga o nga
moni me te tuhinga o nga ingoa-
J. W. Preece, Farmer, Coromandel.
Horopeta X his mark.
1859.
18 March.
COROMANDEL
DISTRICT.
OTOTORO.
Boundaries
![]() |
4.36 48 |
▲back to top |
378 PROVINCE OF AUCKLAND, [1859
OTOTORO continued.
Receipt for £55.
1859.
18 March.
COROMANDEL
DISTRICT.
OTOTORO.
Boundaries.
Receipt for £55.
Kua riro mai ki a matou i tenei ra i te tekau ma waru o nga ra o Maihi i te tau o to Tatou Ariki Kotahi mano e waru rau e rima tekau ma iwa (1859) Pauna moui E rima tekau ma rima (£55) Ko te utu tenei kua whakahuatia ki te Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou e Te Pirihi kai whakarite whenua mo te Kuini.
KO EPARAIMA KINGI.
TONO X his mark.
JAMES PREECE,
Nga Kai-titire- District Land Purchase Commissioner. J. W. Preece, Farmer, Coromandel.
Horopeta x his mark.
TRANSLATION.
THIS DEED written on this the eighteenth day of March in the Year of our Lord 1859 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngati Raugi whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of
England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of Fifty five Pounds (£55 . 0 . 0) to us paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Whitianga and named Ototoro the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece District Land Purchase Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Puketutu running alongside of the Awawaroa to Ototoru and following the river as far as Pukemanuka whence it stretches away to Maungaroa and Pukerewarewa turning here it proceeds to Te Kai o te Paraua and along the block sold by Marsh as far as Puketutu.
KO EPARAIMA KINGI.
TONO x his mark. Witnesses to the payment and signatures-
(Signed) J. W. Preece, Farmer, Coromandel.
( „ ) Horopeta x his mark.
Received this eighteenth day of March in the Year of our Lord one thousand eight hundred and fifty nine (1859) the Sum of Fifty five Pounds sterling (£55 . 0 .0) being the consideration money expressed in the above-written Deed to be paid by James Preece District Land Purchase Commissioner on behalf of Her Majesty the Queen to us.
KO EPARAIMA KINGI. TONO x his mark.
Witnesses-
(Sd.) J. W. Preece, Farmer, Coromandel. ( " ) Horopeta x his mark. A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, November 4th, 1874.
1859.
1 April.
COROMANDEL
DISTRICT.
PAONEONE.
Deeds—No. 308.
PAONEONE BLOCK, MERCURE ISLAND, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei Tuatahi o nga ra o Aperia i te tau o to tatou Ariki 1859 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na matou na nga Rangatira me nga Tangata o Ngati Karaua no ratou nga ingoa e mau i raro nei a hei whakaatu tenei Pukapuka me matou mo o matou whanaunga me o matou uri mo te tuhituhinga o o matou ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kua tino tukuna, rawatia atu ki a Wikitoria Kuini o Ingarani ki ena uri ki nga Kingi ki nga Kuini o muri iho i a ia me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni E ono tekau £60 kua utua mai ki a matou e Te Pirihi te Kai whakarite whenua mo te Kuini (a e whakaaetia nei e matou te rironga mai o aua moni) ko taua wahi whenua katoa kei Ahuahu ko Paoneone te ingoa o taua wahi whenua ko nga robe kei raro i te Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga ran o raro ranei i te mata o taua whenua me o matou tikanga me o matou take me o matou paanga katoatanga ki taua wahi ; Kia mao tonu ki a Kuini Wikitoria ki ona uri ki ana
![]() |
4.37 49 |
▲back to top |
1859] COROMANDEL DISTRICT. 379
ranei e whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo te matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A. hei tohu hoki mo te whakaaetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa o Te te Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata Ngakoromatua haere ma te taha o te moaua a—te Waimurunga tapahia a Pouriao tapahia a te Urututu a Waipara- para a Ngakoromatua.
RAWIRI.
REHARA.
Ko nga tangata i kite i te hoatutanga o nga
moni me te tuhinga o nga ingoa-
Hy. Woodward Williams, Tutor, Stapleton, Coromandel.
Hamiora.
to Wairahi.
Kua riro mai ki a matou i tenei ra i te Tuatahi o nga ra o Aperaira i te tau o to Tatou Ariki Kotahi mano e waru rau e rima tekau ma iwa (1859) nga Pauna moni E ono tekau (£60) Ko te utu tenei kua whakahuatia ki te Pukapuka tuku o mau i runga ake nei kia utua mai ki a matou o Te Pirihi te Kai whakarite whenua mo te Kuini.
RAWIRI.
REHARA.
Nga Kai-titiro-
Hy. Woodward Williams, Tutor, Stapleton, Coromandel. Hamiora.
to Wairahi.
JAMES PREECE,
District Land Purchase Commissioner.
PAONEONE
continued.
Boundaries.
Receipt for £60.
TRANSLATION.
THIS DEED written on this First day of April in the Year of Our Lord 1859 is a full and final sale conveyance.and surrender by us the Chiefs and People of the Tribe Ngati Karaua whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of Sixty Pounds (£60 .0. 0) to us paid by James Preece District Land Purchase Commissioner on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Ahuahu and named Paoneone the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece the District Land Purchase Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Ngakoromatua it proceeds along the sea beach as far as Waimurunga whence it cuts across to Pouriao and thence to Urututu whence it proceeds to Waiparapara and Ngakoromatua.
(Sd.) RAWIRI.
(") REHARA.
Witnesses to the payment and signatures-
(Sd.) Hy. Woodward Williams, Tutor, Stapleton, Coromandel.
(" ) Hamiora.
(") te Wairahi.
Received this First day of April in the Year of Our Lord One thousand eight hundred and fifty nine (1859) the Sum of Sixty Pounds sterling (£60 . 0. 0) being the consideration money expressed in the above written Deed to be paid by James Preece Dristrict Land Purchase Commissioner on behalf of Her Majesty the Queen to us.
(Sd.) RAWIRI.
(") REHARA.
Witnesses-
(Sd.) Hy. Woodward Williams, Tutor, Stapleton, Coromandel. (") Hamiora.
(") te Wairahi.
A True Copy of Original Deed and Translation.
H. HANSON TURTON. Wellington, November 5th, 1874.
1859.
1 April.
COROMANDEL
DISTRICT.
PAONEONE.
Boundaries.
Receipt for £60.
![]() |
4.38 50 |
▲back to top |
380 PROVINCE OF AUCKLAND, [1859
1859. 10 April.
COROMANDEL DISTRICT.
PAPAKARAHI.
Boundaries.
[89 acres]
Receipt for £23 .10.
1859.
10 April.
COROMANDEL
DISTRICT.
PAPAKARAHI.
Boundaries, [89 acres.]
Deeds—No. 309.
PAPAKARAHI BLOCK, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei te kotahi tekau o nga ra 0 Aperaira i te tau
tatou Ariki 1859 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na a nga Rangatira me nga Tangata o Ngatikipa no ratou nga ingoa e mau i raro nei a nei whakatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri mo te tuhituhinga 0 e matou ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea,
rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o niuri iho i a ia me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni e rua tekau ma toru tekau hereni kua utua mai ki a matou e te
Pirihi mo te Kuini (a e whakanetia nei e taua wahi whenua katoa kei Waiau ko Papakarahi te ingoa 0 taua wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau awa te korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa nga mea katoa a taua whenua o runga ranei o
raro ranei i te mata o taua whenua me o matou, tikanga me o matou take me o matou paanga katoatanga ki taua wahi ; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarite ai hei tino mau tonu ake tonu. A hei tuhu matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o
matou tohu. A hei tohu hoki mo te whakaeeranga o te Kuini o Ingarani mo tana wahi
ki nga tikanga katoa o tenei Pukapuka kua tubia nei te ingoa o Te Pirihi Kaiwhakarite
Whenua. Ko nga rohe enei o taua whenua ka timata i Okura ka haere na te tau a Tuhuna a haere tonu na te tau heke iho ki te tumu ki te pito whakaroto o Papakarahi haere na te akau a Okura.
ERUERA TE NOAHUE.
MIBIAMA.
H0ANI TAWIRI. Ko nga tangata i kite i te hoatutanga o nga
moni me te tuhinga o nga ingoa-
Hy. Woodward Williams, Tutor, Stapleton, Coromandel, Mary Ann Preece, Stapleton, Coromandel.
Kua riro mai ki a matou i tenei ra i te tekau ma rua a nga ra o Aperira i te tau o te Tatou Ariki Kotahi mano e waru rau e rima rekau ma (1859) nga Panoa moni E
rua tekau ma toru tekau herehi te utu tenei kua whakahuatia ki to
Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou e te Pirihi mo te Kuini.
TE NGAHUE
MIRIAMA.
HOANI TAWIRI.
Nga Kai-titiro-
Hy. Woodward Williams, Tutor, Stapleton, Coromandel. Mary Ann Preece, Stapleton, Coromandel.
JAMES PREECE,
District Land Purchase Commissioner.
TRANSLATION.
THIs DEED written on this the Tenth day of April in the Year of our Lord 1859 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngatikipa whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining nun of this Day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of Twenty three pounds ten shillings (£23.10 , 0) to us paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Waiau and named Papakarahi the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names ant marks. And in testimony of the consent of the Queen of England on her part to the conditions of this Deed the name of James Preece District Land Purchase Com missioner is hereunto subscribed. These are the boundaries of the Land commencing
at Okura and going along the ridge as far as Tuhuna and thence along the ride until you descend to the headland within the inner extremity of Papakarahi whence it proceeded by the sea side to Okura.
(Sd.) ERUERA TE NGAHUE.
MIRIAMA.
HOANI TAWIRI.
Witnesses to the payment and signatures-
Hy. Woodward Williams, Tutor, Stapleton, Coromandel. Mary Ann Preece, Stapleton, Coromandel.
![]() |
4.39 51 |
▲back to top |
1859] COROMANDEL DISTRICT. 381
PAPAKARAHI
continued.
Receipl for £23. 10.
Received this Twelfth day of April in the Year of Our Lord One thousand eight hundred and fifty nine (1859) the Sum of Twenty three pounds ten ahillings sterling (£23.10.0) being the consideration money expressed in the above–3 ritten Deed to be paid by James Preece on behalf of Her Majesty the Queen to us.
(Sd.) ERUERA TE NUALLUE,
MIRIAMA.
HOANI TAWIRI.
Witnesses–
(Sd.) Hy. Woodward Williams, Tutor; Stapleton, Coromandel.
Mary Ann Preece, Stapleton, Coromandel.
A True Copy of Original Deed and Translation.
H. HANSON TURTON
Wellington, November 5th, 1874.
Deeds—No. 310.
TUIIUA NUI ISLAND.EXTRANCE TO WA IAU. COROMANDEI. DISTRICT.
TENEI PUKAPUKA tuhituhia i tenei tekan ma rua o nga ra o A peraira i to tau o to
tatou Ariki 1859 Pakapuka tine hoko tuku atu na na nga
Rangatira uga Tukapuka a Ngatihan no nga iagoa e mau i raro nei a hei
whakaatu tenci Pukapuka mo matoa mo o malun whauanga me o matou uri mo
to tnhitnhinga o o matou ingoa ki tenei pukapuka i raro i te ra e whiti nei kua
whakarerea rawatia kua tino tukuna rawatia atu Ki a Wikitorin Kuini o lngarini ki ona
nri ki nga ki nga Kuiui o muri i a ia me ana a raton o whakarite ai hei
whakaritenga nga Pauna monir e riura £5 kua ntua mai ki a e Te Pirihi te
Kai whakarite whenua mo le Kaini (a o whakanctia nei o matou te mai o aua
moni) ko taun wahi whonua kaioa kei te kongutn awa o Waiau ko Tuhua Nui te ingoa o
taua wahi whenua ko uga rohe kei raro I te Pukapuka uci o mau ana te kurero whaka–
haere ko to mapi koki o taua waenua kua ki tenei Me ona rakau me ona kowhatu me ona wai me ona awa, nui me ona roto me ona awa ririki me nga mea katoa o taua, whenua runga ranei a raro ranei i to mata o taua whenua me o matou tikanga
me o maton take me o matou paanga katoatauga ki taua wahi ; mau tonu ki a
Kuini Wikitoria ki ona uri ki ana ranei o whakarite ai hei tino mau toau ake tonu atu. A hei tohu mo to matou whaknaetanga ki nga tikanga katoa o tenei Pukapuka kua
tuhituhia nei o matou ingoa me o matou tohu. A hei tohu huki mo te whakaaetanga o to Kuiai o Ingarani mo taua wahi ki nga tikange katoa o tenei Pukapuka kua tuhia nei te ingun o Te Pirihi Kaiwhakarite Whonua Ko nga rohe o taua whenua ka timata i taha ki to Poroporo taka tonu ki te taha moana o te taha o te Poroporo.
ERUERA TE NGAHUE.
MIRIAMA KO TE AFRA
Ku nga tangata i kite i te hoatutanga o nga
moni me te tahinga o nga ingoa–
Hy Woodward Williams, Tutor, Stapleton, Corumandel. J. H Jackson.
Kua riro mai ki a matou i tenei ra i to 12 o nga ra a Aperaira i te tau o to Tatou
Ariki Kotahi o waru ran e rima tekau ma iwa (1859) aga Pauna e rima (£5) Ko to atu tenci kua whakahuatia ki to Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou o Te Pirihi mo te Kuini.
ERUERA TE NGAHUE
MIRIAMA KONEHUE
Nga Kai-titir—
Hy Woodward Williams, Tutor, Stapleton, Coromandel. J. H. Jackson.
JAMES PREECE.
District Land Purchase Commissioner.
TRANSLATIONT
THIS DEED written on this Twelfth day of April in the Year of our Lord 1859 is a full and final sale conveyance and surrunder by us the Chiefs and People of the Tribe Ngatihau whose names are hereunto subseribed And witnesseth that on hehalf of outselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria the Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of Five Pounds (£5.0. 0.) to us paid by James. Preece Land Purchase Commissioner on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that, piece of our Land situated at the month of the Waiau River and named Tuhua Nei the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said. Laud or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for over and over. And in testimony of our cousout to all the conditions of this Peed we have hereunto
49
1859.
12 April.
COROMAN DEL DISTRICT.
TUHUA NUI ISLAND.
Boundaries.
Receipt for £5.
1852.
12 April.
COROMANDEL
DISTRICT
TUHUA NUI ISLAND
![]() |
4.40 52 |
▲back to top |
Receipt for £5.
PROVINCE OF AUCKLAND, [1859
subseribed our names and marks. And in testimony of the consent of the consent of the Queen, of England on her part to all the conditions of this Deed the name of James Preece District Land Purchase Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at the side towards the Poroporo and proceeding along the sea beach until a comes again to Popoporo.
(Signed) ERUERA TE NGAHUE.
MIRIAMA Ko TE AIRA Witnesses to the payment and signatures—
(Sd.) Hy. Woodward William, Tutor, Stapleton, Coromandel.
J. H. Jackson.
Roceired this Twelfth (12) day of April in the Year of Our Lord Ono thousand eight hundred and fifty nine (1859) the Sum of Five Pounds sterling (£5. 0. 0.) being tiro consideration money expressed in the above–written Deed to be paid by James Preece on behalf of nor Majesty the Queen to us.
(Sd.) ERUERA TE NOAHUE.
„ MIRIAMA KONERU.
Witnesses—
(Sd.) Hy. Woodward Tutor, Stapleton, Coromandel.
„ J. H. Jackson.
A True Copy of Original Deed and Translation.
H. HASSON TIRTON.
Wellington, Nov. 5th 1874
382
TUHUA NUI ISLAND
continued,
Boundaries
1859. Deeds—No. 311.
18 July. WAITATARAMOA BLOCK, COROMANORL DISTRICT.
COROMAN DEL
DISTRICT
WAITATARAMOA.
Boundaries.
Receipt for £10.
TENET PUKAPUKA i tuhituhia i tenei Te tekau ma warn o agn ra o Hurae i te tau o to tatou Ariki l850 he Pukapuka tino hoko tine hoatu tino tuku whakaoti atu na maton na nga Rnngatira me nga Tangata o Ngati Naunau no ratou nga ingoa o man i raro nei a hei whakaatu tenei Pukapuka mo maton mo o matou whanaonga me o matou uri mo to tuhitubiaga o o matou ingos ki tenei pukapuka i raro i te ra e whiti nei kua whaka–rerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini ki ona uri
ki nga Kingi ki nga Kuini o muri tho i a in me ana me a ratou a whakarite ai hei whakaritenga mo nga Pauna morn e wha tekau £10 kua utua mai hi a matou cTe Pirihi kai whakarite whenna mo to Kumi (a e whakaasetia uei e mastou to rirongn mai o aua moni) ku taua wahi whenna katna kei Waiau ko Waitataramoa te ingoa o taun wahi
whenua ko kei rara i te Pukapuka nei c ana te korero whakahaere ko te
mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu wai me ona awn nui me oua roto me ona awa ririki me uga mea katon o taua o runga ranei o rare ranei i te mata o taua whenua mo o malon tikanga me o matou take me o matou paanga kaloaitutga hi taua wahi ; Kia mau, tonu ki a Kuini Wikitoria ki ona uri ki ana ranei c whakarite ai hei tino, mau tonu ake tonu atu, A hei tohu mo to matou whakaaetanga ki nga. tikanga katoa o tenei Pukapuka, kua tuhituhia nei o matou ingoa me o matou tuhu A hei tohu hoki me te whakaaetauga o to Kuini o Ingarani me tana wahi ki nga tikanga katoa o Pukapuka kua tuhia nei te ingoa o To Pirihi Kniwhakarite whenua. Ko nga rohe onei o taua whenua ka timata i Olara maro tonu ma to taha o to Piri Moa a—Kopumakona haere tonu ma runga o te kaka a—Tauwharepukapuka ha huri ka haere whaka, tatahi a—Te kawe o Tu haerc tonu ma tatahi a—Otars.
Moni x NGA TORU.
ERUETI WETEA.
Ko nga tangata i kite i te hoatutanga o nga
moni me to tuhinga o nga ingoa-
J. W. Preece, Settler, Coromandel. Weeden Adamson, Tutor, Coromandel.
Kua riro mai ki a matou i teuci ra i to tekau ma waru o nga ra o Hurae i te tau o to Tatou Ariki Kotahi mano c waru ran e rima tekau ma iwa (1850) nga Pauna moni c wha tekau (£10) Ko te tenel kua whakahuatia ki te Pukapuka tuku o mau i runga ake uei kin utua mai hi a matou c Te Piribi kai whakarite whenua mo te Kuini.
MORI X NOA TORU.
ERUFTI–WETEA
Nga Kai–titiro—
J. W. Preece, Settler, Coromandel. Weeden Adamson, Tutor, Coromandel.
JAMES PREECE,
District Land Purchase Commissioner.
TRANSLATION. 1859.
18 July. TRIS DEED written on this the Eighteenth day of July in the Year of our Lord 1859 COROMASDEL
is a full and final sale conveyance and surrender by us the Chiefs and people of the C
DISIRICT Tribe Ngati Naumau whose names are hereunto subscribed And Witnesseth on behalf of ourselves our relatives and deseendants wo have by signing this Deed WAITATARAMOA. the shining sun of this day parted with and for ever transferred unto Victoria Queen of
![]() |
4.41 53 |
▲back to top |
1859] COROMANDEL DISTRICT. 383
England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigus for ever in consideration of the Sum of Forty Pounds (£10 .0. 0) to us paid hv James Preece District Land Purchase Commissioner on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said moaies) all that piece of our Land sit uated at. Waiau and named Waitataramoa the boundaries whereof are set forth at the foot of this Deed and a plan of which land is annexed thereto with its trees minerals waters rivers lakes streama and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever To Hold to Queen Victoria. Her Heirs and Assigns as a lasting posseasion absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in test imony of the consent of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece District Land Purchase Commissioner is hereunto suhscrihed. These are the boundaries of the Land commeneing at Otara and proceeding along the boundary of William Mnore's land until you reach Kopumakona whenre runs along the ridge to Tauwharepukapuka—here it turns and goes towards the sea at
Kawe o Tu whence it trends along the beach until it roaches Otara.
(Sd.) X Tour.
ERUETI W ET EA.
Witnesses to the payment and signatures—(Sd.) J. W. Preece, Settler, Coromandel. Weeden Adamson, Tutor, Coromandel.
Received this Eighteenth day of July in the Year of Our Lord One thousand eight hundred and filly nine (1859) the Sum of Forty Pounds sterling (£10.0.0.) being the consideration money expressed in the above written Deed to be paid by James Preece District Land Purehase Commissioner on behalf of Her Majesty the Queen to us.
(Sd.) Hour x NOA TORU.
ERUETI WETEA.
Witnesses
(51.) J. W. Preece, Settler, Coromandel. Weeden Adamson, Tutor, Coromandel.
A true copy of Original Deed and Translation.
11. HANSUS TURTON
Wellington, Nov. 6th, 1871.
WAITATARAMOA
contmued.
Receipt for £10.
1859.
5 Augast.
WHENUAKITE.
Deeds—No. 312.
WHESUAKITE BLOCK, MERCURY BAY, COROMANDEL DISTRICT.
TENER KA i tuhituhia i tenei to rima, o na ra o Akuhata i to tau 0 to tatou Ariki 1859 ho Pukapuka tino hoko tino hoatu tino tuku whakaati atu na matou na nga Rangatira me nga Taugata o Ngati Hei no ratou nga ingon o man i raro nei a hei whakaatu tenei Pukapuka mo matou mo o maton whanaunga me o matou uri mo to tuhituhinga o o matou ingon ki tenei pukapuka i raro i te ra e whiti nei kua whakarerca rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Eingi ki nga Kuini o muri iho i a la me ana me a ratou o whakarito ai hei whakaritenga mo nga Panna moni E rua ran e rima tekau £250 kua utun mai ki a maton a Te
kai whakarite whenua mo te Kuiui (a o whakaaetia nei c matou te rironga mai o aua moni) ko taua wahi whenua katoa kei Whitianga ko Whennakite to ingoa o taua wahi whenua ko nga rohe kei raro i te Pukapuka noi o man ana te korero whakahaero ko te mapi hoki o taua whenua kua, apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga ranei o raro ranei i te alma o taua whenua men matou tikanga me o maton take me o matou paanga katoatanga ki taua wahi ; Kin mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei o whakarite ai hei tino mau tonuakotonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katon o tenei Pukapuka kua tuhituhia nei o matou ingoa. me o matou tabu. A hoi tohu hoki mo to whakaaetanga a te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa.o Te Pirihi Kaiwhaka–
rite Whenun. Ko nga rohe enei o taua whenua ka timata i Okuau ka haere ki to Boundaries.
marangai ma tonga ki Motutapere haero tonu a Te rangaheketoro maro tonu a—Huruburatakina whai tonu i taua awa a—te awa o Whenuakite miri tonu ma to taha
te awa a Te Hape ka haere i waho o nga manawa ki to bauauru mo raki a—tao tonu ki Okuan.
WIREMU TE HUIA x his mark. REUPENA TAHURA.
EREATARA TINIRAU X his mark. WI RE MU KINOI.
Ko nga tangata i kite i to hoatutanga o nga
moni me to tuhinga o nga ingoa—
J. W. Preece, Farmer, Coromandel Harbour.
Wooden Adamson, Tutor, Coromandel Harbour.
kua riro mai ki a matou i tenei ra i te rima o nga ra o Akuhata i to tau o to Tatou Ariki Kotahi mano o want rau o riula tekau ma iwa (1859) nga .Panna moni E rua rau c rima tekau (£250 . 0 .0.) Ko to uttt tenei kua whakahuatia ki te Pukapuka tuku e
Heceipt for £250.
![]() |
4.42 54 |
▲back to top |
384 PROVINCE OF AUCKLAND, [1859
WHENUAKITE
continued.
1859.
5 August.
COROMANDRL
DISTRICT
WHENUAKITE.
nAm i rungs AkO nei kin OutA mai ki is malou e To kaiwhakarito whenua nto to Kuini.
WIREMU TE HUIA X his mark. RKUPENA TAHURA
EREATARA. TINIRAU X his mark. WL NO NU KINOL.
JAMES PREECE,
District Land Purchase Commissionor. Nga
W. Preoce, Farmer, Coromandel Harbour.
Weeden Adamson, Tutor. Coromandel Harbour.
TRANNLATION.
DEEO written on this the Fifth day of August in the Year of Our Lord 1850 its a foil and final sale conreyanee and surrender by us the Chiefs and People of the Tribe Ngati Hoi wham lumen are hereunto And Witnesseth that on behalf of ourselves our relativos and descendants we have by signing thin Deed undor tho shining of this day parted with and for ever transferred unto Victoria Queen of England Her Moirs the Kinga nod Queens who may succeed Her and Her and Their Assigns for over in consideration of the sum of Two hundred and fifty Pounds (£250 .0 .0 .) to us paid by James Preece Land Purchase Commissionor on behalf of the Queen Victoria (and we hereby aeknowledge the receipt of the said Loonies) all that pieco of our Land situated at and named Whonuakite t he whereof arc forth at the foot of this Dotal and a plan of which hand is atnnesod thereto with its treea minerals waters lakes streams nod all oppertaining to the said Land or beneath the surface of the said Land and ail our right violin and interest thereon To Hold to Queen Victoria Her Heirs and ns n absolutely fur ever mid ever. And in or nor to nil the conditions of this Deed we have hereunto subscribed our mimes and marks. And in testimony of the eonscut of the Queen of England on her part 10 all the of this Deed the name of James Preeer District Land Pureoase Commissioner le hereunto subscribed. These are the of the Land commeueing at Okuau and a South Easterly dirertion to Motutapere. Terangaheketoro and Hurulturutakina—it then peoceods Moog that stream until loins the river up which river it proceeds until it reaches To Hope whence it goes in a North Westerly direction of the Mangrove trees until it arrives at Oknan.
WIREMU TIC a his mark. TANURA EUEATARA TISIRAU a his mark. WIREliu KISOI.
Witnesses to the payment and aignaturos—
(Md.) J. W. Proem, Farmer, Coromandol Harbour. Wooden . damson, Tut or,
Received this Fifth day of August. in the of our Lord ono thonsand eight hundrod and fifty nine (1851)) the Sum of Two and fifty sterling (£250 . 0.0.) being tho consideration money expressed in the above–written flood to lie paid by lames Preece District Land Commissioner on behalf of Her Majesty the Queen to us,
(Sd.) WIREMU HUIA x Ma mark. TANURS
ERKATARA TINIUAU a his mark. WIREMU KINOI. Witnesses—
(Sd.) J. W. Preece, Fanuor, Coromandel Harbour. Weeden Adamson, Tutor, Coromandol Harbour.
A True Copy of Original Dead and Translation.
TURTON. Wellington, November 6th, 1874.
1859.
23 September.
CONOMANDEL
DIETRICT
KOPURANUL
Deeds—No. 313.
KOPURANOI BLOCK COROMANDEL, DISTRICT.
TENRI i tullituttia i tenni to run tekau ma torn o nga ra o Hepetema i to tan o to tatou Ariki 1850 he Pukapuka tino hoko tino hoatu tino tuku whakanti ate an matou na riga. Raugatim me nga Tangata o Ngati Whannunga no ratou uga ingoa emnu i rare noi a Pukapuke mo matou we o matou mu o matou uri mo to tuhituhinga o o matou ingoa ki touei pukapuka i rero i te rn u whili not kua whakarerca rawatia kua tino tukuna rawatia ale ki a Wikitoria to Kuini o Ingareni ki
mm uri ki ngs Kingi Id ngit Kuini o muri iho i a is me ana me a ratou o whakarite hot whakaritonga mo nga Pauna moni o who tokan ma rims £45 kua utua to mai ki matuu o Ter Pirihi kai whakarite whenua me to Kuini (a e whakaaotia nui o matou to rironga mni o aux moni) ko taua webi whonua katon kei Waisu ko Kopuranui to ingoa o robe koi raro i to Pukapuka net o mau atm to korero what ham ko to mapi boki o taus whonua kua apititia ki tonei. Me ona rakau me kowhatu me ens wsi me omit awn nui me ens roto mo ens awe ririki me aga moe whenua o runga o taro ranei i to mats o tuna whenua ma o matou tikanga me o matou take me a matou paanga katoatauga ki taun wahi Kin mau tonu ki a
![]() |
4.43 55 |
▲back to top |
1859] COROMANDEL DISTRICT. 385
KOPURANUI
conlinuod.
Boundaries.
Kuini Wikitoria ki one uri ki o whakaritu ui tine mau twin eke tonu atu. A hei tohn me to matou whakaaetanga nga tikanga katea o tonei Pukapuka kua tuhituhia nei o maton ingon too o matou tohu. A hei tohu. hoki mo to whakanotanga o to kuiui o ton tsan wahi ki nga tikauga katoa o tonei Pukapuka kua tuhia nei to ingoa o Te Pirilsi Kaiwhakarito Whonuo. Sa nga robe oriel o taua whonua ke timtta i Otanomocroa tniri thou not to o DAM kanao a--To Kabikatearoa ka hurl ki to marangao omit raki a—Kopuranui Whau tone i taua kaka ma to taha o to pihi i hokona o Maihi a—tao ki to pihi i bokona o Horopeta miri tonu ki taus pihi whaka to bauanru a—Otanemoeroa.
MARAIA.
WIREMU MANU
RAKURA PATENE
Ko nga tangate i kite i to hoatutanga o riga
moo; me le tuhinga o nga
Shipwright.
Thomas Anderson, Shipwright, Coronuandel.
Ktut riro mai kin tont ou i tenei ra i to rue tekan ma tont o nga ra rs Hepeteme i to tau o to Ariki Kulalti mano o nut o rime telcan ma Iwo c (1850) mgr. Patina moni e whit tekan ma rime (£15) Ko to Wu tenei kur. ki tti Puke–
puk tiki is man i runga alto mai ki a notiou e T: kai Whemra
MARAIA
WIRLMI. MAINI
RAKERA. PATKNE.
JAMES PREECE,
Land Purchase Commissioner. Nga Kaktitiro—
Robert Menzies.
Thomas Anderson.
TRANSLATION.
THIS DEED written on this twenty third (23) day of September in the Year of our Lord 1859 ix a full and final convuy and surrender by us the Chiefs and People of the Tribo Ngati Whananuga whimsc names are hureunto subscribed A ud Witnesseih that on behalf of ourselves ourselves our relatives and doscendants we have by signing this Peed under the shining suu n of this day parted wuh and !or over transferred unto Victoria of England lIer Heirs the Kings and Queens who my suececd lion and Her and Their Assigus for ever in of the Sum or forty Imo Pounds (£45) to paid by .Jainnis Precee on behalf of the Queen Victoria (and we hereby acknow– ledge the reecipt a the said monies) all that piece or our Land sit at Waiau mid named Kopuranui the boundaries whereof ave sot forth at the rota of thisDeud and a plan or which hand is annexed thereto with its minerals waters rivers lakes streams and all appertaining to the said Land or tho surfaco of the said Land and all nun right. title claim and interest whatsoever thereon to hold to Queen Victoria Her Hoirs and Assigns as a Insting possesaion absolutely for ever and ever, And in testimony of oar consent to ail the conditions of this Deed we have hereunto subscribed our names and marks. And in of the consent of time Queen of England an
her part on her part to all the conditions of this Deed the name of James Preece District Land Purehase Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Otanemeeroa fullowing the banks of the Awn up the stream to then tuning in a north direction as far its Kopuranui theuce following the ridgo of that mote and adjoining the block sold by Maihi till it meets the block sold by then following the boundary of that block in a westerly direction to Otanemoerna.
MARALA
(Signed) WIREME
RAKURA PATENE Witnesses to the payment and signatures—
(Signed) Hobert Menzies, shipwright, Coromandel.
Thomas Anderson, Shipwright, Coromandel.
Reccired this twenty third, (23) day of September in the Year of Our Lord One thousand eight hundred and fifty nine (1850) the Sum of forty fire Pounds sterling (£45) heing the consideration money expressed in the above-written Deed to be paid by James Preece on behalf of Her Majesty the Queen to us,
MARAIA
(Signed)WIREMU
RAKURA PATENE. Witnesses—
(signed) Robert Menzies, Shipwright, Coromandel.
Thomas Anderson, Shipwright, Coromandel.
A True Copy of Original Deed and Translation.
H. HANSON TURTON Wallington, November 10th, 1874.
Revecipt
23 September.
COROMANDEL
DISTRICT.
KOPURANUI.
Reecipt for £45.
![]() |
4.44 56 |
▲back to top |
1864] COROMANDEL DISTRICT. 409
receipt of the said monies) all that piece of our Land 'situated at Cabbage Bay and named Waitaroro the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with it's trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Dead we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of Edwd. Shortlend ia hereunto subscribeu. These aro the boundaries of the Land on The North by the Whiritoa Block on the West by Pukekura on the East by lauds of Natives as set forth in the map affixed.
(Signed) MEHA. TE MOANANUI . (Signed) E. SHORTLAND.
Witneasea to the payment and signatures:—
imams Mackay, Jr., Assistant Native Secretary, Nelson.
Heury Alfred-Home Monro, Translator.
Received this 4th day of May in the Year of Our Lord One thousand oight hundred and sixty four (1504) the Stun of Twenty Pounds sterling (£20 .0. 0) being the full consideration money expressed in the above-written Deed to be paid by Edward Shortland on behalf of Her Majesty the Queen to us.
(Signed) MERA TE MOANANCI. Witnesses
James •
Mackay, Jr.
Henry Alfred Home Monro.
A True Copy of Original Deed and Translation.
H. Hamm( TURTON. Wellington, Nov. 3rd, 1874.
WAITARERE
continued.
Boundaries [147 acrag.]
Receipt for £20.
1864
December.
COROMANDEL
DISTRICT
WHAKANEKENEKE No 1.
Boundaries. [50a. 2r. 22p.]
Receipt for Ir.
Deeds—No. 333.
WRARANEKENEKE No. 1 BLOCK (C. BMWS HOMERTEAD). COROMANDEL DISAYRICT.
TENEI PUKAPUKA i tuhituhia i tenci te warn o nga ra o Tiherna i to tau o to tatou Ariki 1301 he Pukapuka tino hoko tino hoatu tine tuku atu ita matou na nga Rangatira Inc nga Tangata o To Patukirikiri no ratou Iwo ingea c mau i rare noi hei whakaatu tenei Pukapuka inn matou mo n inatou whaonanga me o matou uri to tuhituhinga n o maton ingos ki tonci pukapuka i rare i to ra e whirl nci ktut whakarorea rawatin ken Linn tukuna rawntia ki n Wikitoria K uini n Lngarani ki ona uri ki
Kingi ki nga Kuini n muri iho i a in me ana mo n ratou a whakarite ai hei whakaritenga mo nga multi kotahi hereni ina tonoa (1/-) kite utua mni ki a matou c Hemi Pirihi mo to Kuini c whakaaetia nei o tnuiou to rirouga mni a aim mani) ko taua wahi whonua katoa kei Karamaeno ko Whakanekeneko to ingoa o taua wahi uhenua ko nga rehe kci raro i to Pukapuka nci e mau ana to korero whnkahncro ko te magi hoki o toua whenua kua apititia ki Me one ritkan mo kowhatu inn ona wai me ona awn mini me ona rote me ana awn ririki me aga, mea katoa o taus whenna a runga ranei a raro ranei i to mata n taua whenua me o matou tikanga me o matou teko mo o matou paanga katoatanga ki taua wahi ; Kia mau tonu ki a Kuini Wikitoria ki cola uri ki ana ranei a whakarite ai hei tino man tone she tone atu. A hei tohu mo to tnatou whakaaetanga ki nga tikanga katoa o teuei Pukapuka kua tuhituhia nei o canton ingoa me o matou tohu. A hei tohu hoki me to whakaaetanga o to Kuini n Ingarani mo tans wahi hi nga tikanga katna o tonoi Pukapuka kua tuhia nei to ingon o Homi Pirihi Kniwhakarite Whenun. ko nga rohe onei o taua whenua ka timuta i To Awn Peke i roto o to awa o Whangarabi hoere tone i runga i to raina ruri ko te tikanga o to kapahu 80' 1179 riki to roe, heem tonu i runga i to mina run to tikanga o to kapaha 160° 30' 3800 riki to roa, haute tonu i rungs t to rains ruri to tikanga o to kapahu 2:0 30' 1020 riki to roa baere tonu i to awa iti ki to awa o Whangarahi, ham tone i rote i to awn o Whangarahi ki to wabi timatanga.
PITA TAURUA.
JAMES PREECE,
D.L.P. Commissioner. Ko nga tengata i kite i te hoatutanga o nga
moni me to tubinga o nga ingoa—
THOMAS B. YOUNO, Clerk Nat. Dept.
MITAI P. Tam, Clerk Nat. Dept.
Kua riro mai ki a maton i tenei re i to warn o nga ra o i to tan o to tatou Ariki Kotahi mano o warn ran ono teken ma wha (1864) nge moni kotahi heroni (£0: 1 : 0) Ko te utu whakamutunga tenei kue whakebuetia ki to Pukapuka tuku a mau i runga ake nei kis utus mei ki a matou e Huai Pirihi mo te Kuini.
PITA TAURUA.
Nga Kai–titiro—
Thomas E. Young, Clerk Nat. Dept. Mitai P. Tani, Clerk Nat. Dept.
![]() |
4.45 57 |
▲back to top |
410 PROVINCE OF AUCKLAND, [1864
1884.
8 December.
COROMANDEL
DISTRICT.
WHAKANEKE NEKE NO. 1.
Boundaries. [50a. 2r. 12p.]
Receipt for 1a.
TRANSLATION.
TIME Darn written on this eighth day of December in the Year of our Lord 18C t is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Patukirikiri whose names are hereunto subscribed And Witneiseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England. Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the sum of ono shilling. (if demanded) (£0 – 1–0) to be paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said moneies) all that piece of our Land situated at Coromandel and named Whakanekeneko the boundaries whereof are sot forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim end intoreat whatsoever thereon To hold to Queen Victoria Her Heirs and Assigns an a hurting possession absolutely for ever and over. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names end marks. And in testimony of the consent of the Queen of England on her part on her part to all the conditions of this Deed the name of James Preece Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Te Awa Peke in the Whangarahi Creek, thence by a right line bearing 80' ono thousand one hundred and seventy nine (1179) links thence by a right line bearing 160° 30' three thousand three hundred (3300) links thence by a right line bearing 250° 30' one thousand and twenty links (1020) thence by a small stream to the Whangarahi Creek thence following the Whangarahi Creek to the commencing point.
(Signed) PITA TAURUA,
(Signed) JAMES PREECE,
D.L.P. Commissioner. Witnesses to the payment and signatures-
(Sd.) Thomas E. Young, Clk Nat. Dept.
Mitai P. Taui, Clk Nat. Dept.
Received this eighth day of December in the Year of our Lord One thousand eight hundred and sixty four (1864) the Sum of one shilling sterling (£O: 1: 0) being the full consideration money expressed in the above–written Deed to be paid by James Preece on behalf of Her Majesty the Queen to us.
(Sd.) PITA TAURUA.
Witnesses-
(Sd.) Thomas E. Young, Clerk Nat. Dept. (8d.) Mind P. Taui, Clerk Nat. Dept.
A True Copy of Original Deed and Translstion.
H. HANSON TURTON. Wellington, December 9th, 1874.
1864.
14 December.
COROMANDEI. DISTRICT.
WHAKANEKE– NEKE No. 11.
Boundaries. (1,147 acres.)
Deeds.—No. 334.
WHAKANEKENEKE No. 2 BLOCK, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei to tekau ma wha o nga ra o Tihema i to tau o to tatou Ariki 1804 ho Pukapuka tino hoko tino hoatu tine tuku whnkaoti atu na matou na nga Baugatira me nga negate o Te Patukirikiri no ratou nga ingoa e mcu i raro nei a hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri mo te tuhituhinga o o matou ingoa ki tenei pukapuka i rare i to ra o whiti nei kua whaka–rerea rawatia kua tine tukuna rawatia ant ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i a is me ana me a. ratou e whakarite ai hei whakaritenga mo nga Nuns moni c rime rau c whitu tekau ma toru 10/– kua utue mai hi a matou o To Pirihi mo te Kuini (a a whakaaetia nei e matou to rironga mai o aun moni) ko taus, wahi wheua katot kei Keramaeno ko Whakanekeneke to ingoa o taua wahi whenua ko nga rohe koi raro i to Pukapuka nei e matt aim to kororo whakahaere ko to niapi hoki o taua whenus, kua apititia ki tenei. Mc ona rekau me ona kowhatu me ona wall me ona ana nut me ona roto mo ona awn ririki me nga mea katoa o tuna whenua o runga ranei n raro ranei i to meta a taua whenua me o matou tikanga nie o matou take me o matou paanga katoatanga ki taua Wahi ; Kia man tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarito ai hei tine mau tonu ake tnnu atu. A hei tabu ma to matou whaktmotanga hi nga tikanga katoa o tonei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A hei tohn hoki ma to whakaaetanga a to Kuini o Ingarani mo tam weld ki nga tikanga katun o tenei Pukapuka kua tuhia nei to ingoa o To Pirihi Kaiwhakarite Wbenua. Ko nga robe onei n taws whenua ha timata i to awn o Whangarahi haere tonu i runga i to raina o to whenua a Ringi ki to ritenga o to kapehu 80° 1179 riki 100° 30'—3300 riki 250° 30' 1020 riki haere tone i runga i nga raina na to taha o te huarahi 316 riki 260 riki 196 riki 293 riki 680 viki 441 riki 219 riki 67 riki whai tonti tau i to manga o Whakaneke—tika tonu atu ma to era ruri ki to ritenga o to kapohu 43° 10' 2573 riki 52° 17' 350 riki 47° 30' 9200 riki tika tcnu na to manga o Whakaatata bore tonu i to rains o to whenua ki to Menge a to kapchu 270 5030 riki 255° 301 riki 225° 2398 riki tika touu ua to mange o Whakeroa Nacre tonu i
![]() |
4.46 58 |
▲back to top |
1864–65] COROMANDEL DISTRICT. 411
to mina o to whenua ki to ritenga o to kapehu 180' 5' 2495 riki 181° 30' 2830 riki 230° 1148 riki 243° 730 riki tika tonu na te awe o Whangarahi ki to timatanga mai : Me to pihi ano hoki kua whakaritea hei huarahi 100 riki te whanui i waenga tonu o to whenua o Ringi me to pihi whenua o Patiti.
JAMES PREECE, D.L.P. Commissioner.
PITA TAURUA.
Ko nga tangata i kite i to hoatutanga o nga moni me to tuhinga. o nga ingoa—Charles Ring.
Kna tiro mai ki a matou i tenei ra i to tekau ma wha o nga ra o Mema i te tau n to tatou Ariki Kotahi mono a ware rau ono tekau ma wha (1804) nga Patina moni E rime rau o whitu tekau ma toru mo to tekau horini (£573. 10.0) Ko to utu whakamutwig's tenei kua whakahuatia ki to Pukapuka tuku o mau i runga ake nei kia utua mai ki a matou o to Pirihi, Kai wbakarite whenua mo to Kuini.
PITA TAURUA.
Nga Kai–titiro—Charles,Ring.
TRANSLATION
THIS DEED written on this fourteenth day of December in the Year of our Lord 1864 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Patukirikiri whose names are hereunto subscribed And Witnessoth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto 'Victoria Queen of England Her Heirs the Kings and. Queens who may succeed Her and Her and their Assigns for ever in consideration of the sum of Five Hundred and seventy three Pounds 10j. (£573 .10. 0) to us paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Coromandel and named Whakanekeneko the boundaries whereof arc set forth at the foot of this Deed and a plan of which Land in annexed thereto with its trees minerals, waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatso, ever thereon To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at the Whangnrahi stream and following the survey lines of Ring's Homestead SO' eleven hundred and seventy nine (1179) links 160' :30'—3300 links 250' 30' 1020 links thence following the lines at the side of the Road 310 links 266 links 1110 links 293 links 090 links ;inks 219 links and 67 links theme: following Whakaneko stream and theneo along the survey line bearing 13° 10' 2573 links 52' 17' :350 links 47° 30' 9200 links thence along the Whakatata stream and thenee along the survey lines bearing 270° 5030 links 255° 301 links 223° 239S links, thence following the Whakaroa Stream and thence along the survey lines bearing 188° 5' 241)5 links 181° :30' 2330 links 230° 1146 links 243° 750 links and thence along the Whangarahi River to the point of commencement. Inclusive also of the Road 100 links wide between Ring's Homestead and Pagit's claim.
JAMES PREECE, D.L.P. Commissioner. PITA TAURUA.
Witnesses to the payment. and signatures(Sd.) Charles Ring.
Received this' fourteenth day of December in the Year of our Lord One thousand eight hundred and sixty four (1884) the Sum of Five hundred and seventy three pounds tan shillings sterliug (£573 – 10– 0) being the final consideration money expressed in the above–written Deed to be paid by Mr. Preeee acting Land Purebase Commissioner on behalf of Her Majesty the Queen to us.
(3d.) PM Tanana. Witnesses—
(Sd.) Charles Ring.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, Dec. 10th, 1374.
WHAKANEKE–NRKR 11.
continued.
Receipt for £573.10.
1584.
14 December.
COROMANDEL
DISTEICT.
WHAKANEKE–HERE NO. 11.
Boundares [1,147 acres.)
Receipt for £573.10.
Deeds—No. 335.
OTOTORO BLOOK, OPITO, MERCURY BAT, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tubituhis i tenei to r taken o nga ra o Hannon i to tau o to
tatou Ariki 1885 be Pukapuka tine Koko ti o hoatu tino tuku whakaoti atu na matou
na nga Rangatira mo nga Tangate o Ngatimarn no ratou nga ingoa e mau i rare nei a
hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri me
to tuhituhinga o o maton ingoa ki tenei pukaptika i rare i to ra e whiti nei knit
whakareres rawatia kua tino tuku na rawatia atu ki a Wikitoria Kuini o Ingarani
1865.
20.Januray.
COROMANDEL
DISTRICT.
OTOTORO.
![]() |
4.47 59 |
▲back to top |
1865] COROMANDEL DISTRICT. 413
OTOTORO
continued.
Receipt for £35 . 12.
Received this twentieth day of January in the Year of Ous. Lord Ono thousand eight hundred and sixty five (1865) the Sum of Fifty Five Pounds twelvo shillings sterling (£55 – 12 – 0) being the amount of consideration money expressed in the above–written Deed td be paid by James Preece on behalf of Her Majesty the Queen to us.
(Signed) RAWIRI TAIPORUTU.
Witnesses—James Mackay, Jr., Civil Colmar., Hauraki.
H. C. Lawlor, Res. Mag, Coromandel.
A True Copy of Original Deed and Translation.
H. HANSON TURTON. Wellington, December 9th, 1814
Deeds—NO. 338.
BLOCK, ISLAND, COROMAXDET DISTIEICT.
TENEI PUNAKAPTA i tuhituhia i lanai to rust tekau a uga rn. a Hanuere i tau a to
talnu Ariki ha tint, hoko Lino hoatu tino tuku, whakaoti acts Ira nistou
nn nga Ranatatira me nga Tangata o Ngatiwhanaungs, no rates inges e tams i rare
net a hci Pukapuka mo matou um o watuu Whnaunga on a maten ori
me te tuhituhinga a o matou ingoa tend pukapuka i ram i to ra a whiti nei kua
whakarerca'rawatia kua tiso.tukuna rawatia at u ki a ‘Wikitoria Kuinio Ingarani ki atm uri ki nga. Kiugi ki nga Kuini o muri iha i a is me ana rue a numn a whakarite ai hei whakaritcnga mo nga Pauna moni E torn tokau Ina salsa me telatu herini kua utast mai ki a matou o Hemi ririhi mo to Kuini (a a whakaactia e matou te rirouga mai o atm moni) ko taus wahi whenua katoa kci Ahuahu ko Whakakapua to ingoa n Lana
whonua ko nga roho koi raro i to Pukapuka nei o mau ana te korero whakahaera ko Le mapi hoki o taun whenua kua apititia ki tenci. Me tma rakau me ona ki,whatu me ona wai me oun awa nui mo ona roto me ona awa ririki use nga mea katoa a taua whenua o runga rand o raro ranei i to mats o mutt whenua mo a matou mo o matou take mo o matou paanga katoatanga ki tans Kia man toan ki a Kuini Wikitoria ki uri ki ;ma n whakarite ai hci man tonu ake tonu :stu. i. hci
mo to matou whakiute.tanga ki uga tikanga kaina lane; kua
noi a mat au ngaa me n maton tohu A bei tnfin hoki to u
a tog:Irani ma wahi ki nga
Ilusni YirihT
hauraro i te taha o to moana. i Waiparuparn hacre tonu whals te ki nga
ruhe a te a to Kniui a Tao ha hi ie whenna a to Kuini i Hangarua ki te t a ka
whati i lama ka haere whaka a ki hi to Hangarua we
Ara ka whati i kona haera tonu whaka te hauauru ki ha haere
i te Akita ki Waiparuparn ki to wahi i timata ni, ka to o tams wanu ma toru ckn.
NATENOA, NOAUPARA .
RAWINI TR UA
JAMES PREECE, Acting D.L.P,C, Ko nga tangsta i kite i te boatutanga o nga
moai me to tuhinga o nga ingoa—
Jamea Mackay, Jr., Civil Commr., Hauraki.
Tioriori to Hura.
Kua rim mai ki a matou i tenei ra i to rum tekau o nga ra o Hanuere i te tau o to tatou Ariki Kotahi mano o waru rau ono tekau ma rima (1865) nga Pauna
tort tokau ma ono me tekau herini (£30–10 –0.) Ko to utn whakarito tensi kua whakahuatia ki te Pukapuka tuku o tnau i ranga nits kin utna mai ki a matou o Homi Pirihi mo te Kuini.
MATENGA NGAUPARA
RAWIRE TE UA.
Nga Kai-titiro—
James Mackay, Jr., C.C., Hauraki.
Tinriori to Hunt
Tina DEED written on this twontioth day of January in tho Year of our Lord 1865 is a full and sale conveyance nod surrender by us the Chiefs mid People of the Tribe whaso imams are hereunto subscribed .And Witnessaeth that on behalf of slur relatives and we have by signing this Dotal under the shining awl of this day parted with and for ever transferred unto Victoria Qum' of England Her Heies the Kings and. Queens who may succeed Her And Her and Their Assigns for over in consideration of tho Sum of Thirty Six Pounds tea shillings (£36–10–0) to us paid by Jankes Preece nn behalf of the Queen Victoria (and we hereby aeknow–lndge the reeeips, of the said monies) 01 that piece of our Land situated at Ahuahu (Great Mereury Island) and named Whakakapna the boundaries whereof arc set forth at. the foot of this Dood and a plan of which Land is annexed thereto with its trees.
53
1865.
20 January.
DESTSICT.
WHAKAKPUA.
Boundaries. [73 acres.]
Beocipt for £30.10.
1865.
20 Jaunary
COROMANDEL
DISTRICT
WHAKAKAPUA.
![]() |
4.48 60 |
▲back to top |
414 PROVINCE OF AUCKLAND, [1865
WHAKAKAPUA
continued.
Boundaries. [73 acres]
minerals, waters, rivers, lakes, streams, and all appertaining to the said Land or beneath the surface of the said Lad and all our right title claim and interest whatsoever thereon. To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of thin Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the namo of James Preece Commissioner is hereunto subscribed. Those are the boundaries of the Land commencing at the north on the sea coast at Waiparuparu thence eastward along the boundary of Crown Lands forming the Pawn block and Paoneono block to the summit of Takanui, thence along the boundary of the Crown Lands forming the Hangarua Hoek to the summit of Whakarewa, thence turning in a southerly direction along the boundary of the Hangarua block to Te Ara Fainkaturning thence in a westerly direction to Parikorom, thence by the sea coast to Waiparuparu to the point of commoucoment, the area of tho said piece or parcel of land being Seventy Three (73) acres.
(Signed) MATEKGA NGAUPARA.
RAWIRI TE UA.
JAMES PREECE, D.L.P.C. Witnesses to the payment and aignatures—
James Mackay, Jr., Civil Commr., Hauraki.
Tioriori to Huts.
Receipt for £36 . 10. Received this twentieth day of February in the Year of our Lord Ono theusand eight burdred and silty five (1805) the Sum of thirty six Pounds ton shillings sterling (£86–10–0.) being the amount of consideration money expressed in the above written Deed to be paid by James Preoce on behalf of Her Majesty the Queen to us.
($d.) MATENGA & NUAUPARA
RAWIRI TE UA. Witnesses
James Mackay, Jr., C.C. Hauraki.
Tioriori to Hura.
A True Copy of Original Deed and Translation.
H. HANSON TUHTUN. Wellington, December 10th, 1874.
1865.
20 January.
COROMANDIL
DMTRICT
KOWHAKA.
Boundaries [21 aeres.]
Receipt for £10.10.
Deeds—No. 337.
KOWRAKA BLOCK, MERCURY ISLAND COROMANDEL, D I ST R ICT.
TENEI PUKAPUKA i tuhituhia i tonei to run tokau a opt rn o Hauuera i to tan a to talon Ariki 1805 ho Pukapuka tino hoko lino hoatu that tuku whakaoti ate on mation no nga Rangatira inn ago Tanigata o Ngatiwhanaunga no raton uga ingua c inure i raru uei a hei whakaatu tenoi Pukapuka mo melon mo o mu o uri mo to tubituhinga u o roman ingoa ki tenoi pukapuka i raro i to ra a whiti uui kua whakarerea rowatin kua tino tukuna rawatia atu ki a Wikitoria Kaini o Ingarani ki aria uri ki nga Kingi ki nga Kuini o muri iho i a ia me ana me a ratou a wha–larito ai hei whakaritenga ma hga mon; Paulin me to teliau
berini kua to tm mai hi a maton e Howl mo to (a a whakaactia nei e matou to rironga mai o aun moni) ko taua Arabi wheuna katoa kei Ahauha ku kowhaka te ingoa o tams wahi wheaun ho nga roho koi raro i to nei o mail ana to korero whaka–hacre ho to mapi hoki a tuna whenun kua apititia ki tenei. Me ona rakau me ana me Arai me ona own nut me ona row me ona awn ririki me nga men. katon o taua whenua o rungs o ram ranei i to math it taint inn a tikangn me o melon take me o maton pump ki taus wahi Kin tuna tonu ki a Kuini Wikitoria ki aria uri ki ana ranai a whakarite ai hei tint) nlau tone ake tonu atu. A hei tehu mo to matou whaknaetanga hi ngn tikanga katoa o tonei Pukapuka kua tuhituhia noi o matou ingna. ma o matou, toho. A hai tabu hoki mo to whakaactanga o to Kuini o Ingarani iva tana wahi ki nen tikanga katua o tenoi Pukapuka kua tuhia not to ingon o Hemi Pirihi . Ku aga robe enei o taua whenua ka timata i to tabs o to moana i haere tone whaka to hauraro haeru tonu what& to hauauru haere torn whaka te tonga ki ruuga hi riga roho o to whenua o to Kuini—ars, o Hatigarna tao non Parikorora i to taha a to mann haere tonu i to akau, hi Mataraawhau ki to wahi i timata ai ko to nui o taua whenus E rue Tekau Ma tahl eka.
RAWIRI TE UA. MATE NGA NGAUPAEA.
JAMES PREECE, Acting D.L.P.C. Ko to tangata i kite i te boatutanga o raga
moni me to tuhinga o nga ingos—
James Mackay, Jr., Civil Commr., Hauraki.
Tioriori to Hera.
Kue riro mai ki a maton i tenei ra i to rue tekau o nga re o Henuore i to tau o
Won Ariki Kotahi maim e ware rau ono tekau ms rims (1865) nga Fauna moni Kotahi
![]() |
4.49 61 |
▲back to top |
1286
415
KOWHAKA
continued.
1865.
20 January.
COROMANDEL
DISTRICT.
KOWHAKA.
Boundaries. [21 acres.]
Receipt for £10.10.
1865.
1 February.
COROMANDEL
District
HINAU.
1865] COROMANDEL DISTRICT.
Tekau mo tekau herini (£10 10s 0d) Ko to utu whakarite tenei kua whakahuatia ki te Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou o Hemi Pirihi ino te Kuini.
RAWIRI TE UA
MATE NGA NOAUPARA.
Nga Kai Titiro-
James Mackay, Jr., C.C., Hauraki. Tioriori to Hura.
TRANSLATION.
This DEED written on this twentieth day of January in the year of our Lord 1805 is a full and final. ale conveyance and surrender by us the Chiefs and People of the Tribe Ngatiwhanaunga whose names are hereunto subscribed And Witnessed, that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of ten Pounds ten shillings (£10 l0s 0d) to us paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at A hauhu and named Kowhaka the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams. and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at. the sea coast at Mataruawhau bounded thence on the east north and west by Crown Lands that is by the Hangarua block to Parikorora on the sea coast, thence by the beach to Mataruawhau to the point of commencement the area of the said piece or parcel or land being twenty–one (21) acres more or less.
(Signed) RAWIRI TE UA.
MATENGA NGAUPARA
JAMES PREECE, D. L. P. C.
Witnesses to the payment and signatures
(Signed) James Mackay, Jr., Civil Commr., Hauraki.
Tioriori te. Hura.
Received this twentieth day of January in the Year of Our Lord One thousand eight hundred and sixty five (1865) the Sum of ten Pounds ten shillings sterling (£10. 10. 0) being the amount of consideration money expressed in the above written Deed to be paid by James Preece on behalf' of Her Majesty the Queen to us.
(Signed) RAWIRI TE Ua.
MATENGA NGAUPARA.
Witnesses–
James Mackay, Jr., C.C., Hauraki.
Tioriori te Hura.
A True Copy of Original Deed end Translation.
H. HANSON TURTON.
Wellington, December 11th, 1874.
Deeds—No. 338.
HINAU BLOCK, WAIAU, COROMANDEL DISTRICT
TENEI Pukapuka i tuhituhia i tenei te tahi o uga ra o Pepuere i to tau o to tatou Ariki 1865 he Pukapuka tino boko tinn hoatu tino tuku whakaoti atu na matou na nga. Rangatira me. Taogata o Ngatiwhanaunga no ratou nga ingoa e mau i raro nei a hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri mo to tuhituhinga o o matou ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kua. tino tukuna rawatia atu ki a Wikitoria. Kuini o Ingarini ki ona uri ki nga Kingi ki nga Kuini o muri iho i a ia me ana me a ratou e whakarite ai hei whakaritenga mo oga Pauna moni E run Tekau Ma rima (£25.) kua utua mai ki a matou o Hemi Pirihi mo te Kuini (a o whakanetia nei o matou to rironga mai o aua moni) ko taus wahi whenua katoa kei Waiau ko te Hinau te ingon o taua wahi whenua ko nga robe kei rare i te Pukapuka nei e mau aua te korero whakahaere ko te mapi hoki o taua whenua kua
apititia ki tenei. Me ona rakau me oua kowhatu me ona war me ona awa nui me ona roto me ona awn ririki me nga mca katoa o taua whenua o runga rauei o rare ranei i te meta o taua whenua me o matou tikanga me o matou take me o matou paanga katoa–tanga ki taua wahi; Kin mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei
whakarite ai hei tino man tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A
![]() |
4.50 62 |
▲back to top |
416
HINAU
continued.
Boundaries.
[83 acres.]
Receipt for £25.
1865.
1 February.
COROMANDEL DISTRICT.
HINAU.
Boundaries.[83 ACRES]
Receipt for £25.
PROVINCE OF AUCKLAND, [1865
hei tohu hoki mo te whakaactanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa o Hemi Pirihi Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i te taha whakararo i to putahitanga o te awa o Ramairi me Waiau haero tonu i roto i te awa o Waiau ki to kongutu awa o te Hinau, haere tonu ki roto ki tana awn o te Hinau tae noa te rohe o to whenua i to Awakanae, haero tonu i runga i to robe o te Awakanae, ki Kaikahawai, haere tonu i runga i to rehe o te whenua o Kitahi ki to awa o Ramairi (ko to roa o nga, raina o to rohenga o taua wahi 2007 riki, 356 riki, 389 riki, 191 riki) haere tonu i roto i to awa o Ramairi ki to wahi i timata ai, ko to nui o taua whenun E waru tekau ma toru ela.
PARAKAIA.
JAMES PREECE, D.L.P.C.
Ko nga tangata i kite i te hoatutanga o nga
moni me to tuhinga o nga ingoa—
James Mackay. Jr., Civil Commr., Hauraki.
Rawhiri to ua.
Tioriori te Hura.
Kua riro mai ki a matou i tenei ra i te tahi o nga ra o Pepuere i to tau o to tatou
Ariki Kotahi mano e waru rau ono tekau ma rema (1865) nga Pauna moni E rua
Tekau Ma rima (£25 .0. 0) Ko te utu whakarite tenei kua whakahuatia ki te
Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou e Hemi Pribi mo to Kuini.
PARAKAIA
Nga Kai–titiro–
James Mackay, Jr., Civil Commr., Hauraki.
Rawhiri te ua.
Tioriori te Hura.
TRANSLATION.
This DEED written on this first day of February in the Year of our Lord 1895 is a full and final sale conveyance and surrender by us the Chiefs and people of the Tribe Ngatiwhanaunga whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for over transferred into Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of Twenty Five Pounds (£25.0.0) to us paid by James Preece on behalf of the Queen Victoria (and We hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Coromandel and named Te Ilinau the boundaries whereof are sot forth at the foot of this Deed and a plan of which Land is annexed thereto, with its trees minerals waters rivers lakes streams and all appertaining to the said Land beneath the sea surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece. Acting Land Purchase Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at the junction of the Ramairi Stream and the River Waiau, thence by the said River Waiau to the Hinau Stream, thence by the Hinau Stream to the point where it is intersected by the boundary of the Awakanae block thence by the Awakanae to Kaikahawai, thence by Kitahi's land to the Ramairi Stream (the division lines measuring 2007 links, 359 links, 389 links, and 191 links respectively) thence by the Ramairi Stream to the point of commencement, the area of the said piece or parcel of land being Eighty Three acres morn or less.
PARAKAIA.
JAMES PREECE, D.L.P.C.
Witnesses to the payment and signatures
(Signed) James Mackay, Jr., Civil Commr., Hauraki.
Rawiri te Ua.
Tioriori te Hura.
Received this first day of February in the year of our Lord One thousand eight hundred and sixty five (1805) the Sum of Twenty Five Pounds sterling (£25.0.0) being the amount of consideration money expressed in the above–written Deed to be paid by James Preece on behalf of Her Majesty the Queen to us.
PARAKAIA.
Witnesses
(Signed) James Mackay, Jr., Civil Commr., Hauraki.
Bawiri te Ua.
Tioriori te Hura.
A True Copy of Original Deed and Translation,
H. HANSON TURTON.
Wellington, Dec. 8th, 1874.
![]() |
4.51 63 |
▲back to top |
1865] COROMANDEL DISTRICT. Deeds—No. 339.
PONGAPITROA BLOCK, WILANOAPOUA, COROMANDEL DISTRICT.
TENEI PUKAPIIKA i tuhituhia i tenei to teau o nga ra o Pepucre i to tau o to tatou Ariki 1865 he Pukapuka tino hoko tino huatu tino tuku whakaoti atu na matou na nga Rangatira me nga Tangata o Ngatipari no ratou nga ingea e mau i raro nei a hci whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri mo te tuhituhinga o o matou ingon ki tenei pukapuka i raro i re ra o whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i a in me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni E iwa Tekau, Ma toru. Tekau Ma rima herini (£93 – 15 – 0) kua utua mai ki a matou e Hemi Pirihi mo te Kuini (a e whakaaetia nei e matou te rironga mai o aua moni) ko taua wahi whenua katoa kei Whangapoua ko te Pungapunga to ingoa o taua wahi whenua ko nga robe kei raro i te Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me oua rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga ranei o raro ranei i to mata o taua whenua me o matou tikanga me o matou take me o matou paanga katoatanga ki taua wahi ; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei a whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki noa tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A hei tohu hoki mo te whakaaetanga o te Kuini a Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingon o Hemi Pirihi Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i Motuto i te taha ki to hauraro, haere tonu i te akau ki to awa o te Pungapunga, haere tenu i roto i taua awa ki te robe o te whenua o Wainuiototo, haere tonu ki runga ki te rehe o taun whenua, me nga raina ahu ana 39° 825 riki, 27° 1504 riki,18° 1430 riki, 43° 618 riki, 60° 7850 riki, 42° 30' 2860 riki ki te wahi i timata ai, ko te nui o taua whenua E toru rau e whitu tekau ma rima eka.
Ruihana tona x tohu. Hohepa Kapene.
Rawiri Taiporutu. Anaru pahapaha.
Rapana Te Ngawhe tona x tohu. Karaitiana Kihae.
Mohi Mangakahia.
JAMES PREECE, D.L.P.C.
Ko nga tangata i kite i to hoatutanga o nga
moni me te tuhinga o nga ingoa —
James Mackay, Jr., C.C., Hauraki.
Na Meha (Te Moananui).
Rawiri to Ua.
Kua riro mai ki a matou i tenei ra i te toru o nga ra o Pepuere i te tau o to tatou Ariki Kotahi mano e waru rau ono tekau ma rima (1865) nga. Pauna moni E iwa Tekau Ma toru me Tekau Ma rima herini (£93 –15 – 0) Ko te utu whakarite tenei kua whakarite tenei kua whakahuatia ki te Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou e Hemi Pirihi mo te Kuini.
Hohepa Kapene. Ruihana tona x tohu.
Mohi Mangakahia. Rawiri Taiporutu.
Karaitiana Kihau. Rapaua To Ngawhe tona x tohu.
Anaru pahapaha.
Nga, Kai–titiro—
James Mackay, Jr., C.C., Hauraki.
Meha (To Moananui).
Rawiri to Ua.
TRANSLATION.
This DEED written on this third day of February in the Year of our Lord 1805 is a full and final sale conveyance and surrender by us tho Chiefs and People of the Tribe Ngatipari whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred, unto Victoria Queen of England Her Heirs the kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of Ninety Three Pounds fifteen shillings (£93 – 15 – 0) to us paid by James Preece on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all piece of our Land situated at Whangapona and named to Pungapunga the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and over, And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Motuto on the north; thence by the sea coast to the River Pungapunga, thence by the said river to the Wainuiototo block, thence by the said block and by lines bearing 89° 825 links, 27° 1504 links, 18° 1430 links, 43° 618 links, 60° 7850 links, and 42° 30
417
1865,
8 February.
COROMANDEL
DISTRICT.
PUNGAPUNGA.
Boundaries. [375 acres.]
Receipt for £93.15,
1865.
3 February.
COROMANDEL
DISTRICT.
PUNGAPUNGA.
Boundaries.[375 acres.]
![]() |
4.52 64 |
▲back to top |
128
418 PROVINCE OF AUCKLAND, [1865
PUNGAPUNGA 2860 links respectively to the point of commencement, the area of the said land being
continued. three hundred and seventy five (375) acres more or less.
(Signed) Mohi Mangakahia. Ruihana his x mark.
Hohepa Kapene. Rawiri Taiporutu his x mark
Anaru Pahapaha. Rapana te Ngawhe his x mar Karaitiana Kihau.
JAMES PREECE, D.L.P.C.
Witnesses to the payment and signatures—
James Mackay, Jr., C.C., Hauraki. Na Meha te Moananui.
Rawiri te Ua.
Receipt for £93.15. Received this third day of February in the Year of Our Lord One thousand eight hundred and sixty five (1865) the Sum of Ninety Three Pounds fifteen shilings sterling (£93 – 15 – 0) being the amount of consideration money expressed in the above–written Deed to be paid by James Preece on behalf of Her Majesty the Queen to us.
(Signed) Hohepa Kapene. Ruihana his x mark.
Mohi Mangakahia. Rawiri Taiporutu.
Karaitiana Kihau. Rapana te Ngawhe his x mark.
Anaru Pahapaha.
Witnesses—
James Mackay, Jr., C.C., Hauraki.
Meha to Moananui.
Rawiri te Ua.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, December 14th, 1874.
1865. Deeds—No. 340.
3 February. TE PUIA BLOCK, MERCURY BAY, COROMANDEL DISTRICT.
COROMARDEL TENEI PUKAPUKA i tuhituhia i tenei te toru o nga ra o Pepuere i te tau o to tatou Ariki
District. 1865 he Pukapuka tino hoko tine hoatu tino tuku whakaoti atu na matou na uga
Rangatira me nga Tangata o Ngatikoheru me Ngatirakawera no ratou nga. ingoa e
TE PUIA. mau i raro nei hei whakaatu tenei Pukapuka mo matou mu o matou whanaung ne
o matou uri mo te tuhituhinga o o matou ingoa ki tenei pukapuka i raro i te ra
nei kun whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i a ia me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni Kotahi Mano E waru Rau E whitu
Tekau Ma waru, me nga herini kotahi tekau ma. rima £1878 – 15 – 0 kua, utua mai ki a
matou e Hemi Pirihi mo te Kuini (a e whakaaetia nei e matou te rironga mai o aua
moni) ko taua wahi whenua katoa kei Whitianga ko te Puia te ingoa o taua wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me mot kowhatu me ona wai me ona awe nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga ranei o raro ranei i to mata o taua whenua me o matou tikanga me o matou
take me o matou paanga katoatanga ki taua wahi; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarite ai hei tino mau tonu eke tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me a matou tohu. A hei tohu hoki me to whakaaetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka, kua tuhia nei te ingoa o
Boundaries. Hemi Pirihi Kaiwhakarite Whenua. Ko uga rohe enei o taua whenua ka timata i i te
[8,350 acres]
taha whakararo i Hahei, haere tonu i te akau ki Hororoa haere tonu i te rohe whakararo o to whenua i te Hoho ki te kokinga ki te hauauru haere tonu i runga i nga raina o te ruri (ara nga raina kua tuhia ki te pukapuka whakaatu kua apititia ki tenei) tae non to awa o Whenuakite, haere tonu ki roto ki taua awa ki te awa a Huruhurutakina, haere tonu ki roto ki taua awa ki te roho ki te haurunga o te whenua i Purangi haere tonu i taua rohe 108° 5' 8650 riki ki to ngaherehere o Rewarewa, ka whati ki kona haere tonu ki runga ki te rohe ki te tonga o taua whenua 0° 15' 36910 riki ki to wahi i timata aiko te nui o taua pibi whenua E waru Mano E toru Rau E rima Tekau nga eka.
Maihi te Hinaki tona x tohu. Arama Karaka tons x tohu.
Malta Peneheriti tona x tohu. Anaru Pahapaha tona x tohu.
Purakaia tona x tabu. Rawiri Taiporutu tone x tabu,
Hera Putea tone x tohu. Ruihana tona x tohu.
Tioriori to Hura tona x tohu. Enoka tona x tohu.
Ereata Tinirau tuna x tahu. Rewi Atana tona x tohu.
Hareta tona x tohu. Karaitiaua toua x tohu.
Ranapia te Ruri tona x tohu. Ripeke tone x tohu.
Paora Tuwaha tuna x tohu Riria Karepe tona x tohu.
Karauria Tairoa tona x tohu. Katarina tona x tohu.
Ni Marata tona x tohu. Takerei tona x tohu.
JAMES PREECE, D.L.P.C.
![]() |
4.53 65 |
▲back to top |
129 COROMANDEL DISTRICT. [1865 410
Ko nge tangata i kite i te hoatutanga o nga TEPUIA
moni me te tuhinga o nga ingoa— continued
James Mackay, Jr., Civil Commr., Hauraki. H. Chas. Lawlor, R.M., Coromandel.
Anne Caroline Lawlor.
H. Clinton Baddeley, Govt. Offr., Coromandel. Allan Baillie, Govnt. Officer, Coromandel.
Rawiri te Ua.
Kua riro mai ki a matouri tenei ra i te toru o nga ra o Pepuere i te tau o to tatou Receipt for Ariki Kotahi mano e waru rau ono tekau tna rima (1865) nga Pauna moni kotahi Mano £1,878.15. E waru Rau E whitu Tekau Ma waru me tekau ma rima herini (£1878 – 15 – 0) Ko te
utu whakarite tenei kua whakahuatia ki te Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou e Hemi Pirihi mo te Kuini.
Rawiri Taiporutu tone x tohu. Tioriori te Hura tona x tohu.
Maihi te Hinaki tona x tohu. Riria Karepe tona.
Karaitiana tone x tohu. Ereata Tinirau tona x tohu. Maka Peueheriti tona x tohu. Hareta tona x tohu.
Parakaia tona a tohu. Ruibaua tona x tohu.
Nga Kai–titiro—
James Mackay, Jr., C.C., Hauraki.
H. Chas. Lawlor, R.M., Coromandel.
H. Clinton Baddeley, Govt. Offr., Coromandel.
Alan Baillie, Govnt. Officer, Coromandel.
Rawiri te Ua.
TRANSLATION 1865.
THIS DEED written on this third day of February in the Year of our Lord 1865 is a 3 February.
full and final sale conveyance and surrender by us the Chiefs and People of the Tribes
Ngatikoheru and Ngatirakawera whose names are hereunto subscribed And Witnesseth COROMANDEL
that on behalf of ourselves our relatives and descendants we have by signing this Deed DISTRICT
under the shining sun of this day parted with and for ever Transferred unto Victoria TE PUIA.
Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of One Thousand Eight Hundred and Seventy Eight Pounds fifteen shillings (£1878 – 15 – 0) to us paid by James Preece Esquire on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Whitianga and named to Puia the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony a our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece) Commissioner is hereunto subscribed. These are the boundaries of the Land commeneing at Hahei on the north thence by the sea coast to Hororoa thence by the northern boundary of the Hoho [8,350 acres] block to its north western angle, thence by survey lines (the bearings and measurements whereof are more particularly defined in the schedule hereunto annexed) to the River
Whenuakite, thence by the said River to the Huruhnrutakina Stream. thence by the
said Stream to the southern boundary of the " Purangi Block" thence by the said line
to the Rewarewa Forest — hearing 108° 5' 8650 links, thence eastern boundary of
the said block 0° 15' 36910 links to the point of commencement, the area of the said piece or parcel of land being Eight Thousand Three Hundred and Fifty acres more or less.
Maihi te Hinaki tone x tohu. Araura Karaka his x mark.
Maka Peneheriti his x mark. Anaru Pahapaha his x mark.
Parakaia his x mark. Rawiri Taiporutu his x mark.
Hera Putea her x mark. Ruihana his x mark.
Tioriori to Hura his x mark. Enoka his x mark.
Ereata Tinirau his x mark. Rewi Atna his a mark.
Hareta her x mark. Karaitiana his a mark. Rauapia te Ruri tona x tohu. Ripeka her x mark,
Paora Tuwaha his x mark. Riria Karepe her x mark.
Karauria Tairoa his x mark. Katarina x her mark.
Ni Marata her x mark. Takerei his a mark.
JAMES PREECE, D.L.P.C.
Witnesses to the payment and signatures
James Mackay, Jr., Civil Commr., Hauraki. H. Charles Lawlor, R.M., Coromandel.
Anne Caroline Lawlor.
H. Clinton Baddeley, Govt. Officer, Coromandel. Alan Baillie, Govt. Officer, Coromandel.
Rawiri te Ua.
![]() |
4.54 66 |
▲back to top |
420 PROVINCE OF AUCKLAND, [1865
TE PUIA continued.
Receipt. for £1,878.15.
Received this third day of February in the Year of Our Lord One thousand eight hundred and sixty five (1865) the Sum of One Thousand Eight Hundred and Seventy Eight Pounds fifteen shillings sterling (£1878 – 15 – 0.) being the amount of consideration money expressed in the above–written Deed to be paid by James Preece Esquire on behalf of Her Majesty the Queen to us.
Rawiri Taiporutu his x mark. Tioriori to Hura his x mark.
Maihi to Hinaki his x mark. Riria Karepe her x mark.
Karaitiana his x mark. Ereata Tintrau his x mark.
Maka Pencheriti his x mark. Hareta her x mark.
Parakaia his x mark. Ruihana his x mark.
Witnesses—
James Mackay, Jr., C.C., Hauraki.
H. Charles Lawlor, R.M., Coromandel
H. Clinton Baddeley, Govt. Off., —.,—
Alan Baillie, Govt. Off., Coromandel.
Rawiri to Ua.
A True Copy of Original Deed and Translation
H. HANSON TURTON.
Wellington, December 17th, 1874.
1865.
8 February.
COROMANDEL
DISTRICT.
MATUAROA.
BOUNDARIES [93 acres.]
Receipt for £5.
1865.
8 February.
COROMANDEL
DISTRICT.
MATUAROA.
Deeds—No. 341.
MATUAROA BLOCK, WAIAU. COROMANDEL DISTRICT
TENEI PUKAPUKA i tuhituhia i tenei te tuawaru o nga ra o Pepuere i te tau o to tatou Ariki 1865 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na matou na nga Ranatira me nga Tangata o Ngatinaunau no ratou nga ingoa e man i raro nei a hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri mo te tuhituhinga o o matou ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki oua uri ki nga Kingi ki nga Kuini o muri iho i a ia me ana me a matou e whakarite. ai hei whakaritenga mo nga Pauna moni e rima kua utua mai ki a matou e Hemi Pirihi mo te Kuini (a e whakaatia nei e matou to rironga mai o aua moni) ko taua wahi whenua
katoa kei Waiau ko Matuaroa te ingoa o taua wahi whenua ko nga rohe kei raro i to e Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rukau me ona kowhatu me ona wai the ona awa nui me ona roto mo ona awa ririki me nga men katon o taua whenui o runga ranei o rare ranei i te mata o taua whenua me o matou tikanga me o matou take me o matou paanga
katoatanga ki taua wahi; Kia mau tona ki a Kuini Wikitoria ki ona uri ki ana ranei o whakarite ai hei tino mau tonu aka tonu atu. A hei mo to malou whankaaelanga ki nga tikanga katoa o tunei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A hei tohu hoki me te whakaaetanga o te Kuini o Ingaraui me tana wahi ki nga
tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa o hemi piribi Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i te taha whakararo i Wiapao i te taba e te moana haere tonu i te raina ahu 342º 2730 riki ki te pohutukawa kotahi, haere tonu i te raina 209º 4000 riki ki te awa o Pipitiwai haere tonu ki roto ki taua awa ki te kongutuawa, haere tonu i te akau ki te wahi i timata ai, te nui o taua, whenua e iwa tekau ma toru (93) eka.
NA HOANI TOA.
JAMES PREECE, D.L.P.C.
Ko nga tangata i kite i to hoatutanga o nga moni me te tuhinga o nga ingoa
Alfred Preece, Settler, Coromandol.
Kua riro mai ki a matou i tenei ra i te waru o nga ra o Pepuere i te tau o to tatou Ariki Kotahi mano e waru rau ono tekau ma rima (1865) nga Pauna moni e rima (£5) Ko ie utu tenei kua whakahuatia ki te Pukapuka tuku e mau i runga akc nei kia utua mai ki a matou e Hemi Pirihi mo te Kuiui.
KUI RIRO MAI.
JOHNI.
Nga Kai–titiro—
Alfred Preece.
TRANSLATION.
THIS DEED written on this eighth day of February in the Year of our Lord 1805 is a full and final Halo conveyance and surrender by us the Chiefs and People of the Tribe Ngatinaunau whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of Five Pounds (£5 – 0 – 0) to us paid by James Preece Esquire on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Waiau Coromandel and named Matuaroa the boundaries whereof are set forth at the foot of this Deed and
![]() |
4.55 67 |
▲back to top |
![]() |
4.56 68 |
▲back to top |
422 PROVINCE OP AUCKLAND, [1865
1865.
20 February.
COROMANDEL
DISTRICT.
TAREWA OUENUKU.
BoundarieS
Receipt for £15.
1865.
11 April.
COOROMANDEL
DISTRICT.
TAWHITIRAHI.
Boundaries. [670 acres.]
TRANSLATION.
THIS DEED written on this twentieth day of February in the Year of our Lord 1865
is a full and final sale conveyance and surrender by us the Chiefs and People of the
Tribe Ngatiwhanaunga whose names are hereunto subscribed And Witnesseth that on
behalf of ourselves our relatives and descendants we hare by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of Fifteen Pounds (£15 –0 – 0) to us paid by James Mackay Jr. on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Waiau Coromandel and named Tarewa Omenuku the boundaries whereof are set, forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name or James Mackay Jr. Commissioner is hereunto subscribed. Those are the boundaries of the Land commencing at the junction of the Tarewa Ouenuku and Hinan streams. thence by the Tarewa Onenuku Stream to the boundary of the Awakanae Block thence by that block to the Komaru Potiki Stream, thence by that stream to its junction with the Hinau, thence by the Hinau stream to the point of commencement.
(Signed) PUMIPI TE PA RAREWA his x mark.
JAMES MACKAY, Jr.
Witnesses to the payment and signatures—
(Sd.) RenaIa Tauiwa. Aboriginal Natives,
(.. ) Paraone. Coromandel.
Received this twentieth day of February in the Year of Our Lord One thousand eight hundred and sixty five (1865) the Sum of Fifteen Pounds Sterling (£15 – 0 – 0 ) being the amount of consideration money expressed in the above–written Deed to be paid by James Mackay ,Jr. on behalf of Her Majesty the Queen to us.
Witnesses— (Sd.) PUMIPI TE PA RAREWA his x mark.
(Sd.) Renata.
( ) Paraone.
A True Copy of Original Deed and Translation,
H. HANSON TURTON.
Wellington, December 10th, 1874.
Deeds—No. 343.
TAWHITIRAHI BLOCK, WALAU, COROMANDEL DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenei te tekau ma tahi o nga ra o Aperira i te tau o te tatou Ariki 1865 he Pukapuka tino hoko tino boatu tino tuku whakaoti atu na matou na nga Rangatira me nga Tangata o Ngatiwhanaunga no raton nga ingoa e mau i raro nei a hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri me te tuhituhinga o o matou ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kun tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i a ia me anm the a ratou e whakarite ai hei whakaritenga mo nga Pauna moni Kotahi Rau Kotahi tekau Ma wha
kua utua ki a matou e Hemi Pirihi mo te Kuini (a e whakaaetia nei e matou te rironga
mai o aua moui) ko taua wahi whenua katoa kei Waiau ko Tawhitirahi te taua wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau aua te korero whakahaere ko te mapi hoki o taua whenua kun apithia ki tenei. Me ona rarau Me enn kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga tanei a raro ranei i to mata o taua whenua, me o matou tikanga me o matou take me a matou paanga katoatanga ki taua wahi ; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whnkarite ai hei tino mau tonu ako tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohe. A hei tohu hoki mo te whakanetanga o te Kuini o Ingarani me tana ki nga tikauga katoa o tenei Pukapuka kua tuhia nei te ingoa o Hemi Pirihi (James Preece) Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i te taha whakararo i te awa o Waiau haere tonu i te awa o Tawhitirahi me te rohe whakarunga o te whenua o te Awakanae ki te maunga o Tawhitirahi, haere tonu ki runga ki te iwi maunga o Tawhitirahi ki te Inatapuna o te awa o Waiau—ka haere tonu ki roto ki te awa o Waiau ki te wahi i timata ai.
KO TAMATI MAIHI. MARAEA TAKITU.
WIREMU PATENE. MARAEA TIKI her x mark.
Ko nga tangata i kite i te hoatutanga o nga JAMES PREECE, D.L. P.C.
moni me te tuhinga o nga ingoa—
James Mackay, Jr., Civil Commr., Hauraki.
Rawira te Ua, Native Assessor.
![]() |
4.57 69 |
▲back to top |
1865-68] COROMANDEL DISTRICT. 428
Kua riro mai ki a matou i tenei ra i te tokau ma tahi o nga ra o Aperira i te tau o te Tatou Ariki Kotahi mano e waru rau ono tokau ma rima (1865) nga Pauna moni Kotahi Rau Kotahi Tekau Ma wha (£114 – 0 – 0). Ko te utu whakarite tenei kua whakahuatia ki te Pukapuka tuku e mau i runga ake nei kia utua mai kia matou e Hemi Pirihi (James Preece) mo te Kuini.
KO TAMATI MAIHI. MARAKA TAKITU.
Ko WIREMU PATENE. MARAEA TIKI tona tohu.
Nga Kai – titiro—
James Mackay, Jr., Civil Commr., Hauraki.
Rawiri te ua.
TRANSLATION.
THIS DEED written on this eleventh day of April in the Year of our Lord 1865 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngatiwhanaunga whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the Sum of one hundred and fourteen Pounds (£114 – 0 – 0) to us paid by James Preece Esquire Deputy Land Purchase Commissioner on behalf of the Queen Victoria (and we hereby Acknowledge the receipt of the said monies) all that piece of our Land situated at Waiau, Coromandel, and named Tawhitirahi the boundaries whereof are set forth at the foot of this Deed and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land or beneath the surface of the said Land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely fur ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of James Preece Esquire D.L.P.C. Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at the river Waiau on the north, thence by the Tawhitirahi stream and the southern boundary of the Awakanae block, to the Tawhitirahi hill, thence nlong the range to the source of the river Waiau, thence down the course of the river Waiau to the point of commencement
(Signed) TAMATI MAIHI. (Signed) MARAEA TAKITU.
" WIREMU PATENE. " MARAEA TIKI her x mark.
JAMES PREECE, D.L.P,C.
Witnesses to the payment and signatures
(Signed) James Mackay, Jr., Civil Commr., Hauraki.
Rawira te Ua, Native Assessor.
Received this eleventh day of April in the Year of our Lord One thousand eight hundred and sixty five (1865) the Sum of one hundred and fourteen Pounds sterling (£114 – 0 – 0) being the amount of consideration money expressed in the above–written Deed to be paid by James Preece Esquire D.L.P.C. on behalf of Her Majesty the Queen to us.
(Signed) TAMATI MARAEA TAKITU.
WIREMU PATENE. MARAEA TIKI tona x tohu her
mark.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, December 10th, 1874.
TAWHITIRAHI
continued.
Receipt for £114.
1865.
11 April.
COROMANDEL DISTRICT.
TAWHITIRAHI.
Boundaries. [570 acres.]
Receipt for £114.
Deeds—No. 344.
HARATAUNGA (KENNEDY'S BAY) BLOCK (GOLD MINING AGREEMENT), COROMANDEL
DISTRICT.
KO TENEI PUKAPUKA i tuhituhia kei Harataunga i te takiwa ki Hauraki i te Porowhini o Akarana i te Koroni o Niu Tireni i tenei te tekau ma toru o nga ra o Mei i te tau o to tatou Ariki kotahi mano e waru rau e ono tekau ma waru no nga Rangatira me nga Tangata o Ngatiporou tetahi taha no Ta Hori Pakitini Powene (Sir George Ferguson Bowen) Kawana o Niu Tireni tetahi taha. Ho Pukapuka whakaatu mo te whskaAetanga o ratao katoa are o nga Rangatira me nga Tangata o Ngatiporou o Harataunga mo ratou me a ratou uri kia tukua atu ki a Ta Hori Pakitini Powene Kawana o Niu Tireni mo nga Kawana i muri i a ia totahi piihi whenua ki to takiwa ki Hauraki he whenua mahinga koura mana me nna i whakarite ai i runga i te tikanga o te ture i huaina "Te Ture mo nga whenua mahinga koura 1866" ko nga rohe o taua whenua ka timnta i te ngatuawa o Harataunga haere tonu i te tahataha moana ki te Harakeke, ka whati i kona ka ahu whakauta Hapapawera haere tonu Te Papuae haere tonu Kaipaua haere tonu Tokatea haere tonu te Ranga haere tonu Pukewharariki, ka whati i kona ka ahu whaka te moans Taraingapouto haere tonu ki Piripirikahu ka whati i kona haere tonu i te rohe o te whenua kua oti te whakatapu he
1868
13 May.
COROMANDEL DISTRICT.
HARATAUNGA.
Gold Mining Agreement for Kennedy's Bay Block.
Boundaries.
![]() |
4.58 70 |
▲back to top |
424 PROVINCE OF AUCKLAND, [1868
MARATAUNGA
continued.
Terms of surrender.
Miner's Right, £1
Kauri trees to be
bought, £1.6 each.
Timber License, £5.
whenua nohoanga ngskinga kai ma nga tangata Maori tao noa ki te awa o Waimoho ka whati i kona haere tonu i te awa o Waimoho tae noa ki te putahitanga ki te awa o Harataunga ka whati i kona haere tonu i roto i te awa o Harataunga tae noa ki te ngutuawa i te wahi i timata ai kua rite hoki ki te mapi kua apititia ki tenei pukapuka a ko nga tikanga enei kua tuhia i raro nei mo te rironga o taua piihi whenua he whenua mahinga koura ara.
I Ko nga whenua katoa ki roto ki aua rohe kua tuhia ki runga ake nei kua whakapuaretia he whenua mahinga koura mo nga, tangata katoa engari nga piihi whenua kua oti te reti ki a Hemi Mata (James Smart) me Arikihanera Hoka (Alexander Hogg) kua oti te whakaahua ki roto ki te mapi kua apititia ki tenei pukapuka kua kape ki waho o nga whenua keringa koura engari o mau ana etahi o nga tikanga o te ture i huaina "Te Turo mo nga whenua mahinga koura 1866" ki runga ki aua piihi kua rotia ki aua tangat.
2 Ekore e tukua te tangata kin keri kia mahi non iho i te koura i runga i taua piihi whenua kua tuhia ki runga ake nei engari kia matua riro i a ia te Maina Raiti (Miner's Right) mo taua whenua katahi ka tika, tona mahinga koura, ko te utu mo te Maina Raiti (Miner's Right) kotahi pauna (£1) mo te tau ketahi.
3 Ma tetahi Apiha o te Kawanatanga o whaknputa nga Maina Raiti (Miners Right) ki nga tangata a ka whiwhi te tangata i te Maina Raiti (Miner's Right) ka whai mana in ki te keri koura ki te hanga whakamate wai ki te keri i nga awa rerenga wai ki te tapatapahi rakau Maori mo nga mahinga koura mo te wahio, me te mahi i nga mahi katoa mo nga men katoa e rite ana mo te mahinga koura ki runga ki nga wahi kua puare i roto i nga roho o te whenua kua tuhia ki runga ake nei engari nga rekau kauri kua kape ki waho ekore o tika kia tapahia era, ki te hiahia te tangata kia riro i a in tetahi rakau knuri me whakaputa e ia nga moni kotahi pauna e rima boreni (£1–5–0) hei utu mo te rakau kotahi. Ekore hoki e tukua atu tetahi taugata ki te tapatapahi i nga rakau Maori he wahie he taiepa aha ranei e hoko mana ki etahi atu tangata engari ki te hiahia te tangata ki te mahi pera me matua whakarite o in tetahi Maina Ratti (Miner's Right) me tetahi Raihana Mahinga Rakau (Timber License) kia whai mana ia ki te mahi i aua Ko te utu mo te Raihana Mahinga Rakau (Timber License) e rima pauna (£5) mo te tau kotahi. Ma nga tangata Maori no ratou te whenua i nga rakau nga moni utu mo aua Raihana Mahinga Rakau (Timber License) me te utu mo nga rakau kauri ko aua moni me tuku ki tetahi Apiha o te Kawauntanga i te tuatahi a mann hoki o tuku ki nga tangata Maori no ratou te whenua ko nga ra whakaputanga mo aua moni me penei me nga ra o te tukunga i nga moni mo nga Maina Raiti (Miner's Rights) kua tuhia ki rare nei.
4 Ko te whakaritenga tenei ki nga Rangatira mo nga tangata o Ngatiporou o Harataunga me o ratou uri mo te rironga o taua piihi whenua katoa i a Ta Hori Pakitini Powene (Sir George Bowen) Kawana a Niu Tireni me nga Kawana i muri i a ia he whenua mahinga koura ma ritual me a ratou i whakarite ai kua whakaaetia a Ta Hori Pakitini Powene Kawana o Niu Tireni moua mo nga Kawana i muri i a ia kia whakaputaina ki aua Rangatira me aua Tangata o Ngatiporou o Harataunga mo a ratou uri kotahi pauna (£1) mo ia Maina Raiti kun oti te whakaputa ki in tangata mahi koura tapatapahi rakau ranei i roto i nga rohe o taua whenua i ia tau i in tau o te whakapumautanga o tenei pukapuka ko te timatanga a te tau tuatahi kei te tekau ma toru o nga ra o Mei nei (1868) ko nga ra whakaputanga moni kei te 31 o nga ra o Mache te 30 o nga ra o Hune, te 80 o nga ra o Hepetema, te 31 o nga, ra o Tihems i ia tau i ia tau.
5 Ki te haere ke te tangata kua whiwhi i te Maina Raiti mo te whenua mahinga koura kei Harataunga kaore ano kia mutu noa te tau i tuhituhia ki roto ki tona Maina. Raiti (Miner's Right) me wahi ki nga Rangatira me nga Tangata o Ngatiporou te taha o te moni o taua Maina Raiti (Miner's Right) e rite ana ki te roa o te nohoanga o taua tangata ki runga ki taua whenua.
6 Ki a Ta Hori Pakitini Powene (Sir George Ferguson Bowen) Kawana o Niu Tireni me nga Kawana i muri i a ia te whakaaro mo nga tau o pumau ai ki a ia ki a ratou ranci te whenua kua tuhia ki runga ake nei mo te mahinga koura engari ki te hiahia a Ta Hori Pakitini Powene (Sir George Ferguson Bowen) Kawana o Niu Tireni me nga Kawsna i muri i a ia kia mutu te mahinga koura i taua whenua i tetahi taha ranei o tana whenua me matua whakaatu taua hiahia ko te takiwa hei whakaaturanga kaua e neke iho i te ono marama.
A. he tohu mo to whakaaetanga o nga Rangatira me nga Tangata o Ngatiporou o Harataunga ki nga tikanga katoa o tenei pukapuka kua tuhia o ratou ingoa i raro nei. A he tohu mo te whakaaetanga o Ta Hori Pakitini Powene (Sir George Bowen) ki tona taha o aua tikanga katoa kua tuhia te ingoa o Tieme Make (James Mackay Junr) Komihana ki raro nei i te ra me te tau kua tuhis ki runga ake i te timatanga ano.
Ropata Ngatai. Matiu Paeroa
Tapiati Kiwi. Haratiera Humare.
Paratene Pahau his x mark. Hakops Ihaka.
Hirini Kouta.
Witnesses to the signatures of Ropata JAMES MACKAY, Junr.
Ngatai, Tapiata Kiwi, Paratene Pahau Hirini Kouta,Matiu Paeroa,
Iharatiera Humare, Hakopa Ihaka,
and James Mackay, Junr—
John Gwynneth, Gold Fields Surveyor, Kennedy's. Bay.
W. Charles C. Spencer, Interpreter, Civil Commissioner's Office,
Auckland.
![]() |
4.59 71 |
▲back to top |
1868] COROMANDEL DISTRICT. 425
1868, 13 May.
COROMANDAL
DISTRIOT.
HARATAUNGA OR KENNEDY'S BAY.
Gold Mining Agreement.
Boundaries.
TRANSLATION.
THIS AGREEMENT made at Harataunga in the district of Hauraki in the Province of Auckland in the Colony of New Zealand this thirteenth day of May in the year of Our Lord one thousand eight hundred and sixty eight by the Chiefs and People of Ngatiporou on the one part and Sir George Ferguson Bowen Governor of New Zealand on the other part. Witnesseth the consent of all of them that is of the Chiefs and People of Ngatiporou of Harataunga on behalf of themselves and their heirs to release (give over) to Sir George Ferguson Bowen Governor of New Zealand and the Governors who shall succeed him a certain piece of land in the District of Hauraki for gold mining purposes for himself and his assigns within the meaning of the statute intituled " The Gold Fields Act 1800." The boundaries of the said land commencing at the mouth of the River Harataunga thence by the sea coast to Te Harakoko turning thence inland to Hapapawera thence to Te Tapuno thence to Kaipaua thence to Tokaten thence to Te Range thence to Pukewharariki turning thence towards the sea to Tarningapouto thence to Piripirikahu turning thence along the boundary of the land reserved for Native occupation and cultivation to the Waimoho stream turning thence by the Waimoho stream to its junction with the Harataunga River, turning thence along the course of the River Harataunga to the point of commencement at its mouth as the same are defined in the sketch map hereunto annexed. The terms and conditions under which the said piece of laud is given over for gold mining purposes, are viz.-
1 All lands included within the boundaries above described are open for gold mining to all persons excepting the pieces of land leased to James Smart and Alexander Hogg but the said pieces of land which are leased, to the said persona are subject to certain provisions of the statute intituled "The Gold Fields Act, 1866."
2 No person will be allowed to mine for gold on the piece of land above described unless he be the holder of a Miner's Right empowering him in that behalf. The payment for every such Miner's Right shall be One pound (£1) per annum.
3 Miners' Rights shall be issued by an officer of the Government. Any person being the holder of m Miner's Right shall be entitled to mine for gold construct dams and water-races to cut timber for firewood or for gold mining purposes and do all other acts (or works) connected with (or appertaining to) gold mining operations on places open (not reserved) within the boundaries of the land hereinbefore described, excepting that the right to fell kauri timber is reserved, any person desiring to cut any kauri timber must pay the sum of one pound five shillings (£1 . 5 . 0) for each tree required by him. No person will be allowed to cut ordinary timber for firewood or fencing or for any other purpose for sale to any other person. Any person desiring to do so must first obtain a Miner's Right and a Timber License empowering him in that behalf, the payment for every such Timber License shall he Five Pounds (£5 . 0 . 0) per annum.
The money derived from such Timber License and from the sale of such kauri timber
shall belong to the Native owners of the land on which the timber is situate. This money shall be paid to all officer of the Government in the first instance and shall he paid (or handed over) by him to the Natives to whom the land belongs The day 11 for
the payment of the said money shall be the same as the days for the payment (or divisions) of the money for the Miners' Rights hereinafter specified.
4 In consideration of the Chiefs and People of Ngatiporou of Harataunga and their heirs giving over all the said piece of land to Sir George Ferguson Bowen Governor of New Zealand and the Governors who shall succeed him for gold mining purposes for themselves and their assigns, Sir George Ferguson Bowen Governor of New Zealand on behalf of himself and the Governors who shall succeed him hereby consents to pay to the said Chiefs and People of Ngatiporou of Harataunga and their heirs one pound (£1) for each Miner's Right which shall be issued to any person for gold mining or for cutting timber within the boundaries of the said land during each year of the continuance of this agreement, the first year to commence from the thirteenth day of May instant (1808). The days for the payment of the money shall be the 31st day of March, the 30th day of June, the 30th day of September and the 81st day of December in each year.
5 If any person being the holder of a Miner's Right for the Gold Fields at Harataunga shall remove to another place before the expiration of the year specified in his Miner's Right there shall be paid to the said Chiefs and People of Ngatiporou such portion of the money of such Miner's Right as shall be equivalent to the period for which such person shall hard remained on the said land.
6 The duration of this agreement shall be for such term as Sir George Ferguson Bowen and the Governors who shall succeed him shall require the above described piece of land for gold mining purposes. Provided that if at any time Sir George Ferguson Bowen Governor of New Zealand and the Governors who shall succeed him shall desire to terminate gold mining on the said land or on a portion thereof a previous notice of not leas than six months shall be given.
In Witness of the consent of the Chiefs and People of Ngatiporou of Harataunga to all the terms and conditions of this agreement they have hereunto signed their names and in Witness of the consent of Sir George Ferguson Bowen on his part to all the said conditions the name of James Mackay June is hereunto subscribed on the day and in the year first above cited.
Signed Ropata Ngatai. Signed Matiu Paeroa.
,, Tapiata Kiwi. ,, Haratiera Humare.
,, Paraa)teno Pahau his x mark ,, Hakops Ihaks
,, Hirini Kouta. JAMES MAOKAY, Junr.
Terms of surrender.
Miner's Bight, £1.
kauri trees to be bought, £1.6 each.
Timber License, 25.
![]() |
4.60 72 |
▲back to top |
ÓBpHØØ
eC
ØK ceCP¶mit
evÓ«eH¦Øåsa5Cå¶X eXØ□ oea
C ÀÆ fiC[ƶ& e&Ýec>nبr
C¨»Åi
`ÎØ.%mw
C=âv%ec
:v¶å eåÝ2ae>-Ýp nau>uÀ½ d[½¶0 e0ân%oe>sݶ*uneCÀÊæ tLVõÝ*%rC*âh%ae>hæ°Fg
:°æê%ec
>ê*.Àò% eòÊ.Il1`0Ó`.tV`Å`* FeÈ=ø¦f`ýh;«uae
:Ec~¦r
>~Fª¢t[³=ö¢hec5¦e>:cs¦r>s=õ¢ eõh3«ae:8cvÈp>€cÃÈp>Íc¦eCc@¦ae
CJcu¦rCuh®«sae>®B>¦ e>Fn¦t`x=»«hj»hþ«aez
>
P8«t
V8Bº¦ eºmý«e>cE«xseHNK~«t`ˆc½°eHÆh°noa
ChC°sCHFj°iesm°vyr>¶hõ«eCõF…« e…rõce¨>Èmµe6²Cm@µsaiÆC@rkµs9¨>uK’µi²eoãr&ºnež>0v`ºs3až:`K`° FeÈî2oeQ>Í62ftI`6Ƚ- e½ÈÞ-l1feèê&-aeC+ês-nuCxÈ»6dae»ÈK- eKÍŠ2hb`ŽêÍ2aAe
CÖê-vye
CîS6ec>SÈÐ- eÐÒ-b[ê[2ecoC[ê•2ec(CšîÝ6nue>ÝÈm- emî«6oe
CµÒø;bh6`Ö--t[2îzMtÉR”¹□®Zt¥Û¥Â¿ítWŸC³`Áê□□0”AcæÄT·F>+3‹\_û'æ%…û¬H˶¥3 ¨9‚‡eÊ5Ѳ7s¸†•g¸ÉñÛãÀ ÐÆÄ‰Œ$] ¸¾S□±ui®ÍàW"s":p«ã€jçÐÚÐjšßH¡NãEÕªÂåþH£é€çB‘inB.
Ýcã¸À Òhe”'9úDþã?ØÈñ¿ÚÈß…nò÷ÀNò÷P‰ü}Z–ƒÆ©îv™Ù÷P¸%逶Xöø@!ñˆ7áá.ò÷¼ùû†4ù{u˜…fSÁž«Â¹âuDÀP®frl<J–Qw˜ß"â×VǶ□ãxß3ù»9›‹ Œnà>Ñã‡9“i%”t–¤×H=¿òÖ?LJ@GâÄó9y<o½“¥h›c³¬¹"AþþZý…HþÞïn¼‚□7^ñ□ÚÐî2‰çßÔ¦ƒ¥mNßÌap˜xaw*œu□ùÿ©O¬¸b€CKm½|Õú?iZº-%Apc\_e\_”D ÁŠ,"Š€„“tÉ™S—«¸¡ÔZkííÜŠã8ÆÜ1Öëcss{Ç1ÆØsÇ1·ÖZÂTpAþÏ™¤ˆ¿÷ý|(mÓdÎö,ßç9Ïò®¿!œ'.æB¡cάGÀãÃ×P b=?ÖOÑ™Z□¹°V®a|©ìÛšTõ $…&h□3wH`)£ÂA™–¬ê@é\\Å}îÆb‹À*À;\\ôÔÎD
-•½,>ÝÑMµ9í!…·È̹Ç□Â
sᑆ0ØÏ²QøÛ¨!Șû¹ê{Øåõf‡
æûd‹žd¥^·¼□*…õvÌϧBª□VS÷“ŸæR|“Æ+s@2Ù~Іš×à«gSzä:`åfæÂ§Ê52gªý8w5sÁÚÍ\\xœmðš³€ÆØåÑÚÞ¾" ôÙìxýUd–ÞSÇÇÐL•ù½Ac
ëÝ~ÁœÀ’Çoö$lz—æ»|º ë□io³³□¸+OúÕÏ2¿}Ò¡X□ðw!□
ÐççšÖ@4P(MÌ… Ç\\ø®“¹pÚÍ\\8Ú
#□í
8QgiømëOéÄ"xHFéÓ¥ê/øj«±õ‰Œ³æ…ëOÛz¨U`ëiÒÇÑ\\Ïǘsÿö'□
Þú÷t@k[Õ õçý²îÙß¶ãûž®`3ì€êÊFÓ–Sã‡ôÙçYüMB¡ìržç–C%o4{ö‡)ì]E¢□08¦J¸és ¿ø~`ÛJ„vEÈv‡€a‰ß/v‹¸dèqæ×ãNÒw □£L§*€È5□.`á÷ÃêP7‹þÑÁ+R¤Fåö¶'A□½<Ü7K©*{“Ú¡mø0îïüpãù*Yéa‹4žý\_Žô-•I\_” }6Ò÷!ÑÏBø¨EWÌÞ ÂO7OÕ@èÁG□oÅ䪱…C==,L½ ²½ŠˆW®ºá2ÍÆq¼[ôʧ
Õ$ZúqÐ7’[P`±US}-¢Îîtº‡ûRdÎqñzf□ê˜□\_î´Æy□Œ□|Qx-Õ*□®Öv¥Åôö®|UÚó»<
°kXË"
□ù{µ‹áˆÆÌêPDjꃖ^|ïaµU¼#1Ãÿï¯n˜ÂCB&†Ÿ4bø]GŸúöR5ï€sU•¬¿¦reÜ,”Ç6REE!íìEAg²ª|*ó;(ƒŸ{LzW‚$Ò]Ëqõ<íÝ$□’´çõ!Ò'!Pšý¦ž~GÁI`/3ÿP3N•§@àÌå2I{ß/HÖþ¦öè³±Æ$ík[gÎŒ`… Vtéøó»¼£((îN‚(Æóç8˜3+]¬"ù™3÷ÁqĘç$Æ!ÕsZi|±ÞyŠ=ºy¶-Lã2ø¥G
JÒú6Î0çMmÄxm1nÖˆñŽ›˜à{ÕòÊuZØMtÇÜÕ?(®UæF
ìd¹ï,ëO§`Ü¿„‰ñéî ènˆ³¿~W'0¿¾CiÃp£tYOEa\_ìAÒ^âøZæÌ~˜ë‰„Î`¼:e éðìcÕË¿Â"˜\\œJ·3T‡ »«žùù2±Þkj¯ƒ÷}æ~üÑØ&j3õì¯/{àBÅëèú□*ñóÃ÷î^óL$hnp°+aK€o;ê@Až-T«1º R□¿Ò†dÏþ”‚□cöÔbLàÅ7¦H€J¢Ù@6È ^ÜÿKjùK0ˆ‹¤? ÒZ¼ h`¾?ôÐNÙŠŽÎ•ë¨)õm;(øY>>ãXÛá¾××öàÈ3k\_–˜\_8ÀÏý²´fÙ¿ð9IH:~ËËhgút8ÈTaGÙò¨“y}ª¿Bš³O³æN——]PØ¢ã÷|Ö´ž,Mdî–*Á¦ø¶□MŠd,»;UÍô:~ó’Œ9.’q½‡d/Še{%-¦uUœPˆa‘*%CÙÃ"ÈW³M,¿-†KŸÒlü«ïb6¸Y¬w˜¯□óÒ4>À:zl±tØ>VO›jµÊªEŽd<£’Œç}$ãõ(Ép%ls€åòXOú½ëPÓlÓï*¡U£Îà"sA²h`žZuãì÷Žš#•ý¿o®Ü)z*÷TŠ•{îo*O§5ŒÔý¸U8Œõ$õºYO/pÐj »U7qŠmÁ1æƒæ9‚žé†–;DíXÞ£á7\_ŒãÄÇ þGû´5bÅÏiçbÁüO¾Öf¥YF£²êyë©[eïô$OÞø□^\\Ûi^ËIæU=|!ë9¼¬"*µk,3î^Œ¿lœbtúÏu•c%pæé¶þhS2-™¹Q8˼½S
ÒÞ3G$æ}ÁødK²?´k€5ñˆ ¨Ž¸□ð¨,ɡ߱ˆ+Ô°áëlxÐ~ÍòbºPg©6cM□™w0#Òô½M5GŒÒ’EíÉqI?YÂ;×x'□Ô'□]!ë3é@‘Gµ,@Ëõ□ûÝ•zý,Œß[;ò
dbÉë¯õI?FkÒ“ynîÍ“–‚4×vÒ=Éö²s]šÞ·Àúkí\\w£ât(Õ©Ëhw$²;YD±>èeŒr•§EkÒƒ3ýqüÄ@<ù™4jshÂßá¾&{T□F¯IhOÆöœü+bôloÜ.¥AÅüÏšŸ-“þ¹öÔ|zk7‘aâ«T¦±ÊaêÀcK|-jUÉCFû¥E‡Œy9Äw÷µ¶”Æ□h·'Pâ3çÆJ[#¥N¶,+嚌û|äò™´œFJZ#F¿hì(t˜êHæ•d
—“36ªqÅzº©É1v‡˜W#□|Ÿ×T69A²n³“,R£□¬GÚHÖÓõ=&/z€-□ É`K–Ja“âÇw\\Ç›šJc¥JÅ*·`T□ư©ÖoâQ>ËY~eÔÔadl¿²J2yº½¸É”Ý
tkÌm#¹RÁØn2zK□öáÆ£A€4□Ž}□Ru€1aOY—Ô□»î£Rý›EM–YOýbÞ—èÀ‹§3+^ñÈúmgSHööv¾Ö‹åÙ™{v˜gà†oãõ8ïÁ¨õ̧>ëéëðª*½û‚:–äöÞÐNK&æ&cø0 IÄ7RÅ·XtØÏÜz7ÞÔÀ□Ÿ,M9ɾ¹ÆQ~ìXÈnåʼöG²\_÷Áƒí$»ÅE²}’ê€□EQZw°´æZõÎ"\_Ò€□Å‹□$J½
O#A?hpHøÚ□□øÓpÔ„Ò:8ëÉ@ºMö*âŒNØ›@j[)låÃʰú´”¶–¢éª0¾;hâÆç«æ‡□üÙšvoìi=&¹]k1uÁ—\_cŒ*š¼™»(□»yêÕÏQ™ïñã¦ÇðÊ□¢@¢‘£%9À7ªýŒ£ßhL¥ßR1t(LåßÛ…ja3w·‡Ý°ÞìOËÛ(C®˜€w
i1»O¶hrjÞT<¶õ÷§{»ƒe'Éî©° ¦‰ÑBSkiÄx1ÝOŸ0
KúÜ‚ÿ6‰§š\_¥7ÂD\_øñÚ¢©ì!Žä.RIîÑÐ8wZøOõ¸F(‹õëµÛ`jfƒá
□Ë=±ñjÿ¹~¦þí´ÞH¨›÷³□ó˜c¼‰Æ¤<~áY>J0Ew΂–fɦgCäõx□§K-æ·aÌ6'ÉýgÐØ[v@Ç\_óäpªÑü¿□yÑžå18¿ \_ÂÏÍCëkHîI?pz7éŸgÑ^29QëuªxÖL¼8¿YÁ÷.kÅÕ&ïðÊãëéÝåh˜ÄŸVvxÕbsþèè%/Ò˜(K¿f™gñ‘'ªÙOÍÊë$ý§ú™…/d$HÚ÷lv‡#Šò$óÝn9lù *zåyHÿu'.qZ)qÜé§AC”ìвFô€î¾Òj=û1~we踓6ƒ€Á\_òqo
Ð'óÚiÞã~nú□—ÿkþÖwL–/‚©<[ú¨fšJŒ|Jó,džu–TþëR¥›±O%æÖüdrsð’ß<Ñcžè5Õñ[<ú
¯[¨”K寛‹°6L`:ÒnWÐî€óQ^1·´sŠ)ØÄÔüDØdnñ™¯ß¡É<n¼□C}ò}Š¢ËB&□9Èo2Wñ¬Ía
(ÂÆö?¼v4ªÒ]mð37íÆ¥ÿ#Y™q□N9fTz□“É›½¥qŠL²W¸Œ¦FS²§Ô
4ÄÄ).£1¤ûùkÁ ÁmÍÀ&N‡.¦‘üÝÁâNEg]JÙÏTQ˜ü°¯!Gi ØE´sdÀo!2°ŸLæ;áq2p□Ÿ\\ÚMÞЉ&—HµhuíÓÀ|?d‘³-QñæÃñÊå5qå
ˆ¥R6Ù׬RüØrÄ©x¬§ÿ"£:^ZÞ¢º˜L¼ß«øá,IÍ©\\’1£?CfO□mDÓ(³¢¥É®,ñ*´Ì§˜híæoÓÛ□ö1¹v÷”úÉ„ð?›¸KrÏ8ë©Ãå78¿ô©œöœ™Ã"y™–ùÔ¥ç!ïk'£Ïv¯8à82ð¨J¾ä#[□dà‡52ð□dà)ø£Ÿäõí&yc,óD20»)Y}ûy*Uqjœ¤Õ1CF¤ˆÕW5¶Äo9k¤ýöXŪ]N³Rñ–!.’÷ˆ¹“ƒÊ[O?4„C3½¦N¥ªâDEX□¦ %AœbLyœï£j¾Üª□□Ð<L㟫ÿMšJeª@Ë<¦}Éoþb—ÑÛÀ<9gŽ-“[â™fQhMØBxÌz™dþŠªüQ-È□□ÆA1…œäê…Æ@iW°¤©ÔkìT<ãAàü6
½asY³qì¿qXvÕ!EO¦K–ô»
O™¼÷}pÌ1c´$^+JÄb=¶\_ó¼Ë¼ÝúË6*ä©D□ïÏiE“9üÝJŸxîucKg¬·Çi#□ewÐXìâÈîky£§“yå•vT×hê*"È□(`€X–¾¨¦âa>à¦â4ÐÕTì5ú[@»í\_ñtzÈ]#ñçíh`x¾½ÇHA:□¦ÄÿZ@ï,e7dÊZS{Ï9mz=4bôÁ¬à1‡¯ñëÑ´À±Èßh²£>®¼ÖS7~厎œY¹®£„7éÙDÙúký¼îPiÀävƒ’õ‹Å^¯©5ŸöKŠ,â□†□À¬>'yœ¨µÅQ
9mhiÙ]gëîî1ªr^ `´{Œð³'l¤ÃÕ8hû5LqÝ!ÅoÆLKv xvK)ÿD›ˆ¦Ûc¥Œï!¬¡µµ8bê‘üuÀÍbo□1t\\G¡$ÿ¹’¯Õ‘Ay*4F&ƒöØÉ £€²5¹È ´‘‚4ƒîÖIOæ*ùò1gÑÊd*
Þy²òð□ºJéÛåJ□Ê□Íõ·áÒÐC*“q’ºâäþïðC{B¦¨Q4FȤ7Û)?ž:¶¢□b*
C
F?)XÍ‘‚R™<o'ó□‚¿Ó²ah,w³RyƒÈ<yÀ‹&wLõ3›à£¦ž©,í`JúŸòtö¶□í£ó)x*ŒCøHÁ§ðÈoaˆÚ\_+N
Ά‹õ¨ªÚ˜Æ□ÕµÎeÑj0f>?FˆM+TWáÇšRÝÀÒu±J~“G™Ñ[é□ã‚¥pU…§ðƒO¦ø€·¶Ba&ÿÇgÞ’ëC¢·¢FÞx©îé}sz$¾é§å@vžN2øæö´ÛGW»ÈàçºÉàü□ÆX©ê—…"n|V2·JAÓ:`¹»¸F’□éq܉ž«ÓCÌ{54Éý½'
ì…gªr#™vš"&{öÑbÕGŠÛºƒ%NGÉ.ÚÊÞ×
H4%ïPu•A™’Û□f□;ðÕû'h□□>“‡Óò٬éNbš‰zxÞÔ{k"ùyÃôºpF—i—‹Lz«;PÀœ…¡*q°}&£y±K(ö8□:…Úø–þ–zº□˜¦¨ÄTœ ¦ÝvbzÈÐô´Ÿ˜žk#¦¦Ú ÑÉ<‘-Q𠯻<ÄôÇ–¸Â&Ú©Š&á½L•c´Ndö'˜[f$l‘Þ~ŒÚ6hªª+Ø7<p·ieˆ˜~ô4ôó¢!—Li31ê&…#ÔÇüø|êî,a>>2Å‹h‰€`wFõðj!ƒ¤¡ybk–ûF#F¤‡“ûS±¡ q¥‡%stSo:¦âšˆ¾àX9]œ˜èn'…eÁ}ö|8\\óÓu~ØŒî€qc□– ÃOœê’l5zËÕhäÈØ[Ñs²
ÒB¨□&à]æI´îb{‡¹ÅIÿ`ô4–vÆJÍO×(æGÛüM%"□[=zŽMAYŸÖÅà2—Wë
2¹½@ŸW¿<ùö‰6`□·Oh&rw0c%ˆÆ÷“qÿ•ÿ¬bâGýF’÷ór{wp*XNS]M ¡a7IÎ/ÑHi+óI#˜è9'ƒ^He(ëʈæÀf¸x£º¹µÅTØà¢ôºq¤èØRÇ5Ò@à1t}ÆF“§pMÅ"ZÔ0Z"/<Øï7…□Q4Ù0âÏþ!“!&¢@P□ Bã=¤°ØÓnÙaz¬□7[[□ùü>»§³íÑÿÜ`Y
Öÿt•x½…QNÚzFDT ¡b»³ERðñmíð$x6µhà =□[ý´·6(®^
¡tJÙØê~÷–:□0"HÑNÀžÎ’@©ŸûãJ-^ìS$æµoAÞÇóé\\¢û,U„‡=0]†ÆÉj¼DV^”u0□°Üô2í\_ìó-óìñ£×œÛ¶□Ö]„íä□u=¥*€ÙÉr'êc´7ÑË2×¶ª‰-¡uí"𡄽Ʌé¹@Mò´¾¡hí¤ËùqöÖVÔ'b„GYºá
ðÄžBÙöµ□®7ßÓNWýϦîÐͨgXÆ2-Ð'YŒ
®ÍêÌ“TrÙ™ãàC□¦hC³5©À@ƒ)L…\_«ÑkŒ6kB¬´°;dÙj~ÔŽ¦SQÛJ
÷¡ÝöGÄ-âOáo□`>úÈÄ[]#□‰°Ùít□¡ý{–L
çûHá‹
œ\_° êÏòt□¦º(’㊇V□N□jlæ?]†ßÄ5š¼F•YÖL†4'ÈÐ!v2tu‘qºÈУ2ôC?¹¬ØM[ˆ½v½Ÿ-`ßÇ¥fŠÇ„Æýwˆ\\æÖȰÙ1˜0ç€ÙÙ8\_Ç□0NS¿ì8êãÓ›œ;□nÂFªÅ²¢,¼ë@Ð×”ÛÉØïí ȼ¸ÌÖNØŸŠí»e¡©c>œI(ÙbÏ…ï1=ÀøæGýÌkéø³½N4/õ‚□§#Jõ–B©.˜æ‡¦Ëdç$ÃÞë=ËE†µñ¸}@–W“8ßzá[™—ùeþôm?M…áýT¦Hº£f[
¬'ÃøöoPÍ—¼-¥F§
vŒ‘bn<a8Hn8Ô^K□±{Aoºej£ŸËÛ!2ì”□ïë'óºÉðÑ4‰·§fá3!>È–ø;œ>üÜÁn¦#£+5é.“á÷ÁŠJB"□¬ÿ"±ÅlüÑJýîGWÂIó&□ð½+ˆÒàC|23mX'þþŽÊ¡tòd$çô°□G•‡VyïmŽéþT¥ƒ©ÌòÔÜø|Z$£u*ºr3úÍÔ“bl1úŠiæ¯1–`•9íªˆ4ÅJ‚,œ¥W©*y(¦ð[ƒ¶□ƒ…MÌ—YüÂí'Jí ´ø”ÖæíÁtwW@Èä`g½e[ù„˜¹j´ÚŸÀƒ□m»;TŽw3k÷Ö;¦W–=î×H¢›éfnu+sÓá•#¯jGo*÷ªäò[û:8¼Áž%ä;ÙRŸ·ÔµJ0ºð{Ç(+¸ÏÉâ;æ□¾ä|Çud¸Ðº3`âïŒA#ÍGæV.VâÚGÛ9>GÕEàE0wA^ZŒó£ÝA□Ô24îN/ûBTÿ£Ý□”m¤…fî7ùê…Ætgo□rD™'‹`ʯº”X:óðMÁÞD{þê…zæÅ{À[2b¼LFÜê##vu“{íûÊ';÷…□>0uËî
rÅÞÕ¡‹TÈ<3-Ódš6&□Jù¼À0T½èhUá™Oc¸ôŒÁ¿ÉƒÇ¹/”*Œßס¥±ä
”~ê[²Uü®w\_ÜUÞ.„UjœÜq]rÛgt3MSƒ¦è>ó3Á}¯+P¤å$ !N`8”4zñõ□½o›l-øÍœl[5ȉŇÏw(Nüö□-¼&Šìª^a¾ûIvY¾ýšà“ð¡•w÷ˆŠÙáÄyó3›\\Qð’ÛiV.'éã¸jžõ—aYuBŒù¼E5om(;-{½é`ЫQ7ïÅÃjøïH°ÑÛ¨ZÞzÎKÇ5¯¦âñT¹+(0Óï²…qák¶F椦Êd$hí□ùTüðgÌ€ošÉÈ□NŽŒ¬nÕ|¯ø¶ŽH»fÚö¨ßVí8ޝ¸¿
\_ÎÃÜž—‰lg¦~ÅLUaÔ¤¹ès?35Mcv¿WCšÅª½Ó¬Èf7ΟìèÚDfûz3òv¼í5ù¦\_•ñGë–□
=
ï䵌ñaÚ¨oz □ÞýÈKGv¸êѯªõL‹ÙÒÚ&îv¹{ÒýZšù“6áë□ާ·›□ {|□£Ô’²ÃhìC*n=6-ùo™\\ñNœ\\ñ±«XR÷xhúþI©ð°“i”"¥¥@ç QŠ=□
ó·ÃÆxé.`¯Ñã& îgQ,¶û□ùñ’|X"ÎR°ãá/ /CÀ=¬e+ד˜¡š'ÒVP}Qf—ùQ`,€)^©*¹]®*Ùg¯*±øAdÐ~«q#sÇ\_©c~¬¢oí¥A“ëb%šš½êÌ•>r¥ÅC®¬ì&WÞ0□*ž ‘¿Xð>µÐNüÁ|óù^<.9µ+h.ä&t*ÔSj,Fú¶OÃhÐ¥·ø†ó™Q^±Å˜OOw¦|=Öߘ“ÂÅ$p$Õ2ë3/åMáÑ@Þ[4šjPS\_6´×1¢7]Øyþ®É□òÍ|§r‰Á¢àç□"(')`ò•‚ÒÒçøíy 3?h»°1PB³Ó€¹¶rÊÔN´>drì³Ñ&b°"ü×ëÒ=`¢;Š»‚~¼µN¹÷ÏŽ¸Ž=üë©'’½æéKõØÞ àÍf{7¹ê€®Sp¢>□+F¬ï¾- ¿K½^jð;‚¶v3¯bGi'ˆò.¦±Ég
‡„˜[\_¦HÈ1].¿²ì€§©4`ìn7[ û¾vô`¬TßEØ®ñ¨`ДބŒÑ‰?ÝÛÁø×+ U);à³þ¤dƒÍÈ6R¯É>Ðd£&$²jæ~I¨k²ô‹Ö‡¥p’pž‡=\_%€ÇÎi.»-ˆš8EÀÏÝÕhrUÜH‹½R;.$Cò®o¡îü^□O]Ì□ä¥b¦è#o®tP°ÕA®¾Yp¢)8ñG®þ«J®~©•\\ýV7¹ú□Þm¤¾ZåØ/šª
ArÒZ„yxË®¼Çz²ÚƒÎmËø“éÙì®Öóã:ÚgÙFØ(Ä÷¦~»°ÔŠdôUë´þn2RïÖx'™¸'
?ÅMhioZ*\_~‚3Ya"yuîÆ<™1>Ò¬„ç¸gÇe3qÏr¥j-°
Ówí*3rU“m6}CÂ6ÇoÌSÉ5÷ú%M\\.ã«nÒ§†¯§dNÕ\\ý□â7šB Ä<œ›Œþ›PÒI®ùª›\\ó5€g'õ¸˜v±`;ùŒ<½ÿY1öj×
ªcZòCÜEÿ¾¯òaw□!=`Œ”þic8ñÆ¿8€t÷ì‰ON□ç¤xëßMÎî ó¼Ür‚𠭣Œ
þl4¨Yfè\\Sr{€I¨4
G‹½&˜ô\_T?õ*½T£F¥»3à"¢`3Rg"‡“¶¨¯ytí|óþM
yø•GFqus’ô¯˜é(¿ÒI¶]…´À™(”õG(†NùÄÑ>vï€D¿‘h•bÂmÿ]„X“ÙÐÕÄ,CÜ)fÃÅAøp²zÕï+óô
1°ˆ “ö½Œ¿¥ÌÖ¢ð’ÀÒ$§Ë*¯ÞK3$Œèž„®ŸÉè)xбÆ6ËÌ:1ÿ"[*'WbÇ-kðµ7dwTÞ÷XB)õùïù²9E<ãõ+□^wÂÒ‡#£Í!2ºR&£s’ÑGp¤Ý□bZ”Å´?o
þh¤³-ÕÃX«□ ™l¶RÖFíš*ß< Š&£Çd²“ÑŸÀ³Nv□Ñg=ð{P¿ÐqÔ§ÂRðˆ˜ƒ]‹¤.D°¹Ÿ3ÏðUmUã cò:ª6Œë”v–‚-!å]ô?'□ï~yÝÕü□ÙùÈy9}ÝTßEÆ8+Ù!@J%h□Ó¡’1+ÑSMd̳ÛGÆty□æu¢äÁè&ò÷h¿Ó7jŒæ;@r¡t' A2ì>Å›¨W"0Ø□!ë>º6¼èö‘ôBZß…´Åñçú ÊqÅOq-å¦DžíëW€‹6S©¶ªh<TCÆ|éú£ □Ó@0ÖÒzŸŠg.É□□™ì¼0uÒ„M¼·L□Báù’□*|Ýõ–ÑA
,e□âCô:±jÆ…/ò□±«»ÉØ[œ€9AÅÊ…[cž™…xgªvÑô□}™Ô,c4FÉUãTÞH®Ú¯□á□§Š□5+˜§õòQO»OÁO~¨6®’,ÞH¶žü;{´ƒŒm†ÑNÀho‡`$°¬@׫
Ô¿A6.–”Õ{‡Te¾g°žJPóÃÀ]¢(“wdžÙ‹–S?s¾ÕEÆõLÜÿQ·kˆAÕoA'L0¨1M÷šÔ‹ÔÀ¤7Påw@§4UÜxç´éÔ°□ÚLÀ=^g3·´»&S dÁ’V□Lû:ÿðà‘c§¶Aµ&£D£k€‰%¦ÿ´˜Ùcä²ûïâ;&¢éÔD@K# 0‹=–£~ÀÇ,³Í□öé
òš¨Üø‚□u{5Ö ðìD|“1d‹•”òç³Ú□‡>Û4ñèA{Œ:KA‰·’Q»8浯¦:êÞâ#Ÿ‘£!Úð&”&‘ä9Êó42þÝmÖÎ<h !ê€)TÎq`j‰¦ÎRÁØâ□ÿœŠ85PðHhœÑƒz,¯Ê‘ùQ’½‚GÓÝæÜæc›ÆwìOxMø‡ëh0'>½¢Ý”ß¹;³} ü¡´€©±4B&æ¶£4ZjrÄäÏ'ýÿ&¿±ÆˆhºùàVÅQâýé§n³wÅMæ§u
K„h}ñÃ}¥,□bB}:!L(„g³–Û"
<ˆå%ešB£ ŒN)}–É?í¸Ì“B,óuyÀè3ùMS–¯M¦7MrظGo/`âÕ&ß¼5Õßk;áúc.ä¦ú<%mzé×BF^áE}©Ñ@G□ºzJÁJCã„‹†7ƒ`½ð™6Å“šìkkiÄ€íp€¬àRÝʾnœ/(À—a˜“QÙ
ó6«V*V+J;ææQšÊ›Œ~ø4ÃÞà…ýUâ1O¢{Ì›Mj{&ëuÎÃÎy□݇&’Qûév¶ÃgÈÄÉ¢XÒd29Y4™ùºÌKC"æ·FL^Õÿ^c‘çiTpÐà¡ì©4A«X„q¢&o.À„í¦c«à.šÜqw¹1͸OTxòÛu-@Ò^T^“□v‚hçÌe¥ô‚Ðy–4Ê`xÀ®í□rØ„n÷¶€xFRawèε8J}#ü¢\_Ýe¿Iá};zÌ\_ꌜî5ç”ÑËq4ÔuÂÌk™8¥;À□Ï□FJ¨øju˜£Ýk0{à'WN¥¶4Ót2Ÿ4Z:[˜:mÉsáM25RP□¯/ðšº${…š=&0”‹‡÷^»|VÀˆÆµ¶¨¤¿fä`H½ÝØÌ㣰¹5d~ºv3y Ævc!—ì£N1-‹UÂ÷¿’æ7x0ܼ1©Æ7yðNMé”a¸¤Ð§*¡cxõûnËaá[\_VmxŽ\_ñMdáZ©U³x÷åõŠP´:ÓFºJL¡ò□4¼}¢›Ùã'e¸Æ¬–†é¢Œöcõzd„èWR’¼•¨4ŸÉøM†ïÌ•ÿu²né´¹cŠ€^¯t®\\ó…ž\_K•ÞôÕ¥,Ês°Ö3Y®62ËN<ø~V2¨1□LîD¯ËdrCG9£âqhykÕÆ4µŽ‡Â/á#b=íãs:éÏ·rÐe©‹ãë¯□¸êu#□§Âƒ[t‰Ë3{?çSº±•y¤4É>UÚ®vnIú&FQþ2'@4¯÷Y™ºß⮇@ÝHÉ|9ܵJ□¼KÖrš“Ý.\\SH/Pyu°Ãˆ·vºt¬;È̯±²ùùtEb†ßHó´Lî³å+□UyFIØØfBJ³$¦ Ÿ) !2åùšz2¥ÑO¦€ñ3…KX†d+Uçièa°□>î݇^«Ð©mÌÁ‘Â6>Ã%9qzMºÊ\_ë&S) \_9…Aƒ´°ÛQ5á.:åš$ƒ‡LÍl%S·£Íº¶w±ž□□>3YèÉØë\\—áU"ŒÒ…¤ãm®Ûpíl9Œ¥Å9»Ð ¡Udno1ÑÜíóýêÒ\\€v˜=QÏì¹I57à?ê
ÎÅ<1FTGÝKS.y˶•!«ö/~úr
¾ìôW|6ƒý#7Ûzpö€«aµ<Í?›ý\_ÐF;CŠ\\í(±þüîYÃÇ$Wãf%□Æ‹¦ËUËQ§âÕÄ{4ážãZO
C6!aq¸/sàCQTùqæÊ®àm)F™S¢Ñ8’Ò¬ˆCD[dˆ¡F±ž‘Ýhþá[à4ÝNk<ÚÓ\_ºíBGÕæ□xÅ»¼¿\_□ÐèÇÑèn¹\_¬VÐj—õdm□□ï
“x¼(Ÿ¯í1›Ñô?IL6$ñVšº}Ézç
ýVCÐ`C•š°EJæÞHFÊíÌ5«œëÒ2¤„\_T‚<Ê&E«Ü–éšÊÜ4<ÑúÃßÇx‰t¬í<ó÷Òu)/‚Êt¬ò[ÏÏÄiœŠ—¼à$×öøÉµ‰:Kß©½—÷ûLw)Ö*`[7v□<->aÕ¢¸Œ^LÓg6º5□&¹Gð□Ý—ÞÁ¦9©Å.ÆÀìÅžN\\PŽWþ‹R‰ñ¿]MP³·°ëéè©(™¶Îƒ□™v¿›ÇO¬9Ü—Z
¡°´Ú€õÔ/NNE´€ÄÙà<ëöD~ä@\\□(8Þôß
ÆåëÏsÿä;an=□ª|Ìž*sÝóe7DñìD»y\\›yi3.o"ÓìZìž□›s̲X<ž¼Ûv¹,□i·×ÿ!¬É [³|□·ì
Í»{0µï¦±–ïãdú|^ÜX㨸úDV$ËáC»×¥F³|‡ÑŠ¤É’Ú–bëù%¤#¨‘éûÁä({´swø†‹—ê—Î?Z+„1ó/º<p\\"–>W¬>ÒSk6Ñÿùí‡ÑðK/□□ö1ùW ù¢›!°õÕmÚ?9
½ž*yÓdÃ□¬ñY/Ì;Áìæ;´žt?3Ä…\_á¢R`žÇ|÷ 1□£%æi:Õ‘iv2cBÙƒ)£jkÁ{–æ5´DFh¢w75´EŠ]ÎY£qß□¢Êº»ÝÌ×ãÕc£T'‚ òܱmß“u¸ïÓ}~«üï jCÛiAÔq“tÑ/±æ«□dÆÓ0⳪0{koÎ-¯WðV\\ƒç„zûðè‡O൳ð5Ï'£ig¼¯$7Øúã’ɃÖɢǔT‹TnC^ÊjŒ×3Sç©dF†ú¯ŸÌˆ·’gÈ´”Oõà¾ç4£¥+©^ÍoÕÖýÏnÃÛ®ã+Îàyt¨"C‚M–ÿïóÒ0™Ìœl'3çt’™<Yf)ÂÛ$ö¶î`á¡$óêå#úìäp¦wRسæµ*™¹ÏIf¢–A5xÃüÖ\_-@++@°R“ÄÖiOʉQ□Kÿ7©%è.оÖ{Sã~\_¡Ùz='óHÃ¥ôžZÃ\_oÎ1puÉÊóS□Ìü2a~ßzê•da+?cY˜&‡ñà§'ã4žˆß‘™R‚\\}W`AÛ¸Ò†§õ«ôऊf¢+elˆÎï$³F5Z/¬ûƒVÁ’VÐAÛüh«hýå\_¢l¼õ'E±¼□ªI#Ê^™C˜wvUÝ:ËEMoøãD0O□,ó¦é'a•p˜ÈKæ\_Ú±i¨eH-Ⱥ°Ó)}ØÔ†□Ñ|ƒõì—èÑ□Ê7¶…ñ□«è«ý}ýAMá²/a\_ídfX|lX□]D™wd;[6š,XìäjcÌØË[íeÿâ™A<k~4ijfª6´/¾)AfÕÄýµ,3ìµêáõÌU□ív!ÆÜyJk¡µ3ÐÊÖ~øœôœ□]ÃUÝúªZu«K®ºõÐͳZ:ªn
ºªnýßë¹ÇȬ÷rý8MØÝô—·â!ϧ˜œ<³}®ffµ\_<=ë/½V©"âM;U™™ð*S·Œ@Gñã7j¡þ‹š™yZÑ□:òï–□µô°´¼E.{ðb-□Ù/%èÓ|›‰"«ZŽð:ÄÔ+*™ýﮞW]zÙ…0—R¶S±±ø±&¼àSüæoM*.yÇŽgÑ£:b°ÿoÁfÜ·Ò5Ûzf›¯Ž¦áþ‰î â‰□/ÿGµ¡ž□©üxdYˆf}*è×v¿†×yÞÖS-þ„
?Ù†¹ãÍäó□.Ë!tgNÊÖVø±¸yVj/š¬gÕ¨h9i…T²ý«¼~Zªþ¦+2v“Ùß:Èœf0šªCnæÍÏœ3…í
Ò¦ñzü×ìöZ¯·Ð¥9Ю·åï©¶¬)}¾)Ñd'sbÌÞ#¡¶ÆøÞ^'ÇÓdlþy™4^НÅïwÃ3hÝWe>úi«[Ôó2ßc^9ÒNï“™E¢»%2 ýð͙ۯ‘ÌÝð¢t…ã‹Ö›÷¨Ö\_[ê>ÖO¬uàAºw
ÞvP%sËd2·ªþ's7ãÛRÕm/….–PñM=4ËeФ<‰Lï¦åÅý›º½tÙ¢Ð□®œ6□ÁíPŠ¼ÚŽK53·1/Ï™4ïD‘©ïfÙi±×□gY®9Asp„œñi¶ÝlVɼ~K”Mr›ãp߉Tû9˜eƒçóy%Uxµ½Î|?Ùô,€ë…MrU!`ªÊô”E’Ì…PÄZÖ௵±ÊNó“É®qÂ%*¤HÕæTÇf¤²/xïzb]ÌKfÁ(^î□x!]áÓ/z,þ÷pÖ\_2U<|`þUñË]øåb÷oÖs{¦ö*ÁbrfRnÊÓ~ÑôI?
ã¿T\\þ±M:ß]¿ØÁ®2¨d~æp…§pujWpÂEÇpÄâá—=b0¨½æ÷b~ÙÉ*BÙTåÀ'§FVò’p›gÄúš#[]?È'häÚw„Ú`µPÂC®ýÒ±LeYrmÔí€ÿ¿uU*×{*•Çý•\_ßã¬üúõ/Y&: 4.800000px;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: normal; font-size: 10pt; letter-spacing: 0.370000pt;" >tae noa to robe o to piihi whenua kua oti to whakatapu he whenua ngakinga
<BR><SPAN style=" letter-spacing: 0.370000pt;" >mo nga tangata Maori haere tonu i te raina o taua whonua kua oti te whaknt akoto </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >noa ki te awa o Manain ka whiti i to </SPAN><SPAN style=" font-style: normal; font-weight: bold; font-size: 8pt; letter-spacing: 0.370000pt;" >awa o </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >Munutia haere tonu i taua ruina te Tumutumu ha</SPAN><SPAN style=" letter-spacing: 0.370000pt;" >ere tonu i taua raina ki to wahi i timata ai i te Ruahino kua rite hoki ki to mapi </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >kua apititia ki tenei pukapuka. A ko nga tikanga onei kua tuhia i ruro noi mo to </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >rironga o taua piihi whenua he whenua makings kourn ara. </SPAN></SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: left; text-indent: 24px; line-height: 0.800000; margin-right: 4.800000px;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: normal; font-size: 10pt; letter-spacing: 0.370000pt;" >1 Ko nga whenua katoa ki roto ki aua roho kua tuhia ki runga ako noi kua whaka-puaretia ho whenua mahinga koura mo nga tangata katoa. </SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; text-indent: 24px; line-height: 0.810000; margin-right: 4.800000px;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: normal; font-size: 10pt; letter-spacing: 0.370000pt;" >2 Ekoro o tukua te tangata kia mahi non iho i te kourn i runga i teun piihi whenua <SPAN style=" letter-spacing: 0.370000pt;" >kua tuhia ki runga ake nei engari kia matua riro i a ia te Maine Raiti (Miner's Right) </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >mo taua whenua katahi ka tika tona mahinga koura, ko to utu mo to Maina Raiti </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >(Miner's Right) kotahi kotahi pauna (£l) mo to tau kotahi. </SPAN></SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; text-indent: 24px; line-height: 0.810000; margin-right: 4.800000px;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: normal; font-size: 10pt; letter-spacing: 1.120000pt;" >3 Ma tetahi Apiha o te Kawanatanga e whakapute nga Maina Raiti (Miners' <SPAN style=" letter-spacing: 1.120000pt;" >Rights) ki nga tangata a ka whiwhi to tangata i te Maine Raiti (Miner's Right) ka </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >whai mana in ki te keri koura ki te hanga whakamate-wai, ki te keri i nga awa reronga </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >wai ki te tapatapahi rakau Maori mo nga mahinga koura mo te wahie me te mahi i </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >nga, mahi katon o rite ana mo te mahinga koura ki rungs ki te whenua katoa ki roto ki </SPAN>nga robe kua tuhia ki rungs ake nei. Engari nga rakau kauri kua kape ki waho e <SPAN style=" letter-spacing: 0.370000pt;" >kore e tika kia tapahia era ki te hiahia to tangata kia riro i </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >a </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >in tetahi rakau kauri mo whakaputa e ia nga moni. Kotahi pauna, e rime horeni (£1-5-0) hoi utu mo te rakau kotahi. Ekore hoki e tukun atu tetahi tangata ki te tapatapahi i nga rakau Maori ho </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >wahie he taiepa aha rnnoi o boko mann ki tetahi atu tangata engari ki te hiahia </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >te </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >tangata ki to mahi pera me matua whakarito o ia tetahi Maine Raiti (Miner's Right) me</SPAN><SPAN style=" letter-spacing: 0.370000pt;" > tetahi Raihana Mahinga Rakau (Timber license) kia whai mane is ki te mahi i nua mahi ko te utu mo te Raihana Mahinga Rakau (Timber license) E rime pauna (£5) mo </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >te tau kotahi. Ma nga tangata Maori no ratou to whenua i nga rakau nga moni utu mo </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >aua Raihana Rakau (Timber license) mo to utu hoki mo nga " rakau kauri " </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >ko aua moni mo tuku ki tetahi Apiha o te Kawanatanga i te tuatahi a mana hoki o tuku </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >aua moni ki nga tangata Maori no ratou to whonua ko nga ra whakaputanga mo nua moni mo penei mo nga ra e tukunga mo nga moni o nga Maina Raiti (Miners' Rights) </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >kua tuhia ki raro nei. </SPAN></SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; text-indent: 24px; line-height: 0.790000; margin-right: 4.800000px; margin-bottom: 4.800000px;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: normal; font-size: 10pt; letter-spacing: 0.370000pt;" >4 Ko to whekaritenga tonei ki nga Rangatira me nga <SPAN style=" font-style: normal; font-weight: bold;" >tangata Maori o </SPAN>Ngatimaru <SPAN style=" letter-spacing: 0.370000pt;" >me te Tawers o Mauaia me o ratou art mo te rironga o taua piihi </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >whenua katoa i a Ta Hori Paketini Poweno (Sir George Ferguson Bowen) Kawana o Niu Tireni </SPAN><SPAN style="font-family: Times New Roman; letter-spacing: 0.370000pt;" > </SPAN><SPAN style="font-family: Bookman Old Style; font-style: normal; font-weight: bold; font-size: 7pt; letter-spacing: 0.370000pt;" >Kawana </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >i muri i a is </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >he </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >whenua mahinga koura </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >ma ratou me </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >a ratou i whakarite </SPAN><SPAN style=" font-style: normal; font-weight: bold;" >whakanetia o Ta Hori Paketini Powene (Sir George </SPAN>Fergunson Bower) Kawana o Niu <SPAN style=" letter-spacing: 0.370000pt;" >Tireni mona </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >me nga Kawana i</SPAN><SPAN style=" font-style: normal; font-weight: bold; font-size: 8pt; letter-spacing: 0.370000pt;" > muri </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >i a ia kia whakaputaina ki ana </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >Rangatira me aua </SPAN><SPAN style="font-family: Times New Roman; letter-spacing: 0.370000pt;" >tangata </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >o </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >Ngatimaru me te Tawers o Manaia me a ratou uri kotahi pauna (£1) mo is </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >Maina Raitt </SPAN><SPAN style=" font-style: normal; font-weight: bold; font-size: 9pt; letter-spacing: 0.370000pt;" >(Miner's Right) kua </SPAN><SPAN style=" font-style: normal; font-weight: bold; letter-spacing: 0.370000pt;" >oti to whakaputa ki is tangata ki is tangata mahi </SPAN></SPAN></P>
</LAYER>
</DIV>
<DIV class=Boxlistheight style=" width: 808.933333px; height: 1128.200000px; top: 84.466667px;" >
</DIV>
</ILAYER>
</DIV>
</BODY></HTML>
![]() |
4.61 73 |
▲back to top |
ÿÿÿÿÿÿDOSj/C/Documents and Settings/patel/My Documents/KAUSHIK/Mar/29.03.08/OMNI PAGE/547-Vol 5 Part 1\_N/pdf/345.pdfjC:\\Documents and Settings\\patel\\My Documents\\KAUSHIK\\Mar\\29.03.08\\OMNI PAGE\\547-Vol 5 Part 1\_N\\pdf\\345.pdf345'OmniPage Pro 15 http://www.scansoft.com'OmniPage Pro 15 http://www.scansoft.comö]áPC±(]^áPC]^áPC= 4.08 & & appversion >= 4.04)
reloaded=-1;
window.onresize=reload\_now;
}
}
function reload\_now(e)
{
if(reloaded == 1)
{
window.location.reload();
}
reloaded++;
}
// -->
</SCRIPT>
<TITLE>Recognized HTML document</TITLE></HEAD>
<BODY>
<DIV class=Sectionhead style="" >
<ILAYER class=Sectionhead style="" >
<ILAYER class=Boxlist style="" >
<DIV class=Boxlist >
<P style=" background-color: #FFFFFF; text-align: left; text-indent: 0px; line-height: normal ; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px;" > </P>
<DIV class=Boxlistheight style=" width: 801.933333px; height: 38.400000px; top: 0px;" >
</DIV>
</DIV>
</ILAYER><A name="65537"></A>
<DIV class=Box style=" background-color: #FFFFFF; border: 0pt none #FFFFFF ; width: 429.350000pt; height: 12.500000pt; top: 66.700000pt; left: 74.650000pt;" >
<LAYER top=88.933333px left=99.533333px width=572.466667px height=16.666667px bgcolor=#FFFFFF CLIP=" 0,0,572,16" class=Box style=" background-color: #FFFFFF;" >
<P class=Style1 style=" background-color: #FFFFFF; text-align: left; line-height: 0.980000;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: bold; font-size: 11pt; letter-spacing: 1.120000pt;" >1868] COROMANDEL DISTRICT.<SPAN style=" letter-spacing: 1.870000pt;" > 427</SPAN> </SPAN></P>
</LAYER>
</DIV>
<DIV class=Box style=" background-color: #FFFFFF; border: 0pt none #FFFFFF ; width: 34.300000pt; height: 15.100000pt; top: 90.500000pt; left: 450pt;" >
<LAYER top=120.666667px left=600px width=45.733333px height=20.133333px bgcolor=#FFFFFF CLIP=" 0,0,45,20" class=Box style=" background-color: #FFFFFF;" >
<P class=Style2 style=" background-color: #FFFFFF; line-height: 0.810000;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: bold; font-size: 8pt; letter-spacing: -0.380000pt;" >MANAIA </SPAN></P>
<P class=Style2 style=" background-color: #FFFFFF; line-height: 0.750000;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: -0.380000pt;" >continued. </SPAN></P>
</LAYER>
</DIV>
<DIV class=Box style=" background-color: #FFFFFF; border: 0pt none #FFFFFF ; width: 54.450000pt; height: 52.550000pt; top: 499.450000pt; left: 433.700000pt;" >
<LAYER top=665.933333px left=578.266667px width=72.600000px height=70.066667px bgcolor=#FFFFFF CLIP=" 0,0,72,70" class=Box style=" background-color: #FFFFFF;" >
<P class=Style2 style=" background-color: #FFFFFF; line-height: normal ;" ><SPAN style="font-family: Arial,sans-serif; font-style: normal; font-weight: normal; font-size: 7pt; letter-spacing: 0.370000pt;" >1868. </SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: left; text-indent: 14.400000px; line-height: 0.740000; margin-top: 2.400000px;" ><SPAN style="font-family: Arial,sans-serif; font-style: normal; font-weight: normal; font-size: 7pt; letter-spacing: 0.370000pt;" >15 October. </SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: center; line-height: 1.120000; margin-top: 2.400000px; margin-left: 9.600000px;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: bold; font-size: 6pt; letter-spacing: -0.380000pt;" >COROMANDEL
<BR><SPAN style=" letter-spacing: 0.370000pt;" >DISTRICT. </SPAN></SPAN></P>
<P class=Style2 style=" background-color: #FFFFFF; margin-top: 4.800000px;" ><SPAN style="font-family: Bookman Old Style,serif; font-style: normal; font-weight: bold; font-size: 7pt; letter-spacing: 0.370000pt;" >MANAIA. </SPAN></P>
</LAYER>
</DIV>
<DIV class=Box style=" background-color: #FFFFFF; border: 0pt none #FFFFFF ; width: 37.900000pt; height: 6.500000pt; top: 601.200000pt; left: 432.250000pt;" >
<LAYER top=801.600000px left=576.333333px width=50.533333px height=8.666667px bgcolor=#FFFFFF CLIP=" 0,0,50,8" class=Box style=" background-color: #FFFFFF;" >
<P class=Style2 style=" background-color: #FFFFFF; line-height: 0.800000;" ><SPAN style="font-family: Arial,sans-serif; font-style: normal; font-weight: normal; font-size: 7pt; letter-spacing: 0.370000pt;" >Boundaries. </SPAN></P>
</LAYER>
</DIV>
<DIV class=Box style=" background-color: #FFFFFF; border: 0pt none #FFFFFF ; width: 45.350000pt; height: 14.400000pt; top: 691.200000pt; left: 432pt;" >
<LAYER top=921.600000px left=576px width=60.466667px height=19.200000px bgcolor=#FFFFFF CLIP=" 0,0,60,19" class=Box style=" background-color: #FFFFFF;" >
<P class=Style1 style=" font-size: 7.200000pt; background-color: #FFFFFF; text-align: left; line-height: 1em;" ><SPAN style="font-family: Arial,sans-serif; font-style: normal; font-weight: normal; font-size: 7pt; letter-spacing: 0.370000pt;" >Conditions of surrender. </SPAN></P>
</LAYER>
</DIV>
<DIV class=Box style=" background-color: #FFFFFF; border: 0pt none #FFFFFF ; width: 357.350000pt; height: 697.800000pt; top: 79.200000pt; left: 74.650000pt;" >
<LAYER top=105.600000px left=99.533333px width=476.466667px height=930.400000px bgcolor=#FFFFFF CLIP=" 0,0,476,930" class=Box style=" background-color: #FFFFFF;" >
<P class=Style2 style=" background-color: #FFFFFF; text-align: justify; margin-top: 14.400000px; margin-right: 4.800000px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >koura tapatapahi rakau ranei ki roto ki nga roho <SPAN style="font-family: Garamond,serif; font-size: 10pt;" >o te </SPAN>whenua kua tuhia ki runga ake <SPAN style=" letter-spacing: 1.120000pt;" >nei, i in tau i ia tau o te whakapumautanga </SPAN><SPAN style="font-family: Garamond,serif; font-size: 10pt; letter-spacing: 1.120000pt;" >o </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >tenei pukapuka ko to timatanga o te tau </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >tuatahi kei to tahi o nga ra o Oketopa 1868 kua pahemo nei ko nga ra whakaputanga </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >moni kei te 31 o nga ra o Mache, kei te 30 o nga ra o Huno, kei te 30 o nga ra o Hope-</SPAN><SPAN style=" letter-spacing: 0.370000pt;" >tema, kei to 31 o nga ra o Tihema i ia tau i in tau. </SPAN></SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; text-indent: 0px; line-height: 0.950000; margin-top: 2.400000px; margin-right: 4.800000px; margin-bottom: 0px; margin-left: 24px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >5 Engari kua wahia taua whenua kua tuhia ki runga ake nei kia rua piihi, ko<SPAN style=" letter-spacing: -5.630000pt;" > </SPAN></SPAN></P>
<P style=" background-color: #FFFFFF; text-align: justify; text-indent: 0px; line-height: 0.860000; margin-top: 0px; margin-right: 4.800000px; margin-bottom: 0px; margin-left: 0px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >tetahi piihi ki a Ngatimaru ko o tetahi <SPAN style="font-family: Garamond,serif; font-size: 10pt;" >piihi </SPAN>ki a to Tawera ko te rehe wahanga o aua piihi <SPAN style=" letter-spacing: 1.120000pt;" >ka timata i to Tumutumu ; haere toun Rakanowhitia ; </SPAN><SPAN style="font-family: Bookman Old Style,serif; font-size: 7pt; letter-spacing: 1.120000pt;" >haero </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >tonu i to awa to tau o </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >Tikohunui haero tonu ki to awa o Manaia, haere tonu i mua awa ki te ritonga hi Puke</SPAN><SPAN style=" letter-spacing: 1.120000pt;" >totara ka rere ki Puketotara, ko te taha whakararo o taua robe ki a Ngatimaru ma ko </SPAN><SPAN style="font-family: Garamond,serif; font-size: 10pt; letter-spacing: 1.120000pt;" >to </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >taha whakarunga ki a te Tawera ma ki te mea ka mahi te tangata i to koura, i to mihi </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >rakau ranei i tetahi o aua piihi me tuhi te ingon o taua piihi ki to Maina Raiti o taua </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >tangata me te ra hoki i timata ai tona mahi i toun piihi, n ki to haero ke atu taua tangata </SPAN><SPAN style=" font-size: 8pt; letter-spacing: 0.370000pt;" >ki tetahi </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >piihi, ki te whenun ranei a tetahi iwi ke atu mabi ai kaore ano kin mutu</SPAN><SPAN style=" letter-spacing: 0.370000pt;" > noa te </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >tau kua whakaritea ki roto ki tona Maina Raiti (Minor's Right) i reira me whakahoki </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >atu e taun tangata i tona Maina Raiti (Miner's</SPAN><SPAN style=" letter-spacing: 1.120000pt;" > Right) ki to apiha whakaputa pera kia </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >tuhituhia to ra mo te marama o tona haerenga ki taua piihi wheaua ke, ki te whenua o</SPAN><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: bold; font-size: 8pt; letter-spacing: 1.120000pt;" > </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >tetahi iwi ke ranei. Ko nga moni o nga Maina Raiti (Miners' Rights) pera me whaka </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >rite marire (i nga ra whakaputanga moni) ki to wahi o te moni o rite aua ki te roa o te </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >noboanga o taua tangata i teun piihi i tena piihi i te whenua a tetabi iwi ke ranei. Ko </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >nga moni o nga Maina Raiti (Miners' Rights) o to whenua katoa me tuwha ki nga </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >tangata o tetahi piihi kia rite ano ki to nui o nga kai mahi koura i aua piihi. </SPAN></SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; text-indent: 38.400000px; line-height: 0.870000; margin-right: 4.800000px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >6 Ki a Ta Hori Pakitini Powene (Sir George Fergusson Bowen) Kawana o Niu <SPAN style=" letter-spacing: 1.120000pt;" >Tireni me nga Kawana i muri i a in to whakanro too nga tau o puman ai ki a in ki a </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >ratou ranei te whenua kua tuhia ki runga ake nei mo te mahinga koura. Engari ki te </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >biahia a Ta Hori Pakitini Powene (Sir George Fergusson Boweu) Kawana o Niu Tireni </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >me nga Kawana i</SPAN><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: bold; font-size: 8pt; letter-spacing: 0.370000pt;" > </SPAN><SPAN style=" font-size: 8pt; letter-spacing: 0.370000pt;" >m</SPAN><SPAN style=" letter-spacing: 0.370000pt;" >uri i a ia kia mutu te mahinga koura i taua whenua me matua whaka </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >atu taua hiahia ko te takiwa hei whaknaturanga kaun e neke iho i te ono marama. </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >Ka mutu te mahinga koura me hoki tuturu ki nga m</SPAN><SPAN style=" letter-spacing: 1.120000pt;" >e nga Tangata o Ngati</SPAN><SPAN style=" letter-spacing: 0.370000pt;" >maru me te Tawera o Manain ki o ratou uri ranei enei katoa. </SPAN></SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; text-indent: 24px; line-height: 0.870000; margin-right: 4.800000px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >A he tohu mo te whakanetanga o nga Rangatira me nga tangata katoa o Ngatimaru <SPAN style="font-family: Bookman Old Style,serif; font-style: italic; font-weight: normal; font-size: 7pt; letter-spacing: 1.120000pt;" >me </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >te Tawera o Manain ki nga tikanga katoa o tenei Pukapuka kua tuhia o ratou ingoa </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >i raro nei. A he tohu mo te Whakaaetanga o Ta Hori Pakitini Powene (Sir George </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >Fergusson Bowen) ki tona taha o ana tikanga katoa kua tuhituhia to ingoa o Tiemi </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >Make (James Mackay Jr) Komihaua ki raro nei i te ra me to tau kua tuhia ki runga </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >ake i te timatanga ano. </SPAN></SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; line-height: 0.690000; margin-right: 4.800000px; margin-left: 120px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >Te Marau his <SPAN style="font-family: Garamond,serif; font-size: 10pt; letter-spacing: 0.370000pt;" >x mark.</SPAN><SPAN style="font-family: Garamond,serif; font-size: 10pt; letter-spacing: -0.380000pt;" > Paroto.</SPAN><SPAN style="font-family: Garamond,serif; font-size: 10pt; letter-spacing: 0.370000pt;" > </SPAN></SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; line-height: normal ; margin-right: 4.800000px; margin-left: 120px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >Wikiriwhi his x mark.<SPAN style=" letter-spacing: 0.370000pt;" > Ruka Hutaupoki.</SPAN> </SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; line-height: 0.820000; margin-right: 4.800000px; margin-left: 120px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >Waka te Tuhi his x mark.<SPAN style=" letter-spacing: 0.370000pt;" > Paurini Waitaha his x mark.</SPAN> </SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: left; text-indent: -48px; line-height: 0.880000; margin-right: 33.600000px; margin-left: 168px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >Anaru Pahapaha. <SPAN style=" letter-spacing: 0.370000pt;" > Manners Potae his x mark.</SPAN> <SPAN style=" letter-spacing: 1.120000pt;" >JAMES MACKAY</SPAN><SPAN style=" letter-spacing: 1.120000pt;" >, (Junr.) </SPAN><SPAN style=" letter-spacing: 1.870000pt;" >Kai Titiro-</SPAN> </SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: left; line-height: normal ; margin-right: 4.800000px; margin-left: 48px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >Henare Pango. </SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: left; line-height: normal ; margin-right: 4.800000px; margin-left: 48px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >Pirihimana Hauraki.<SPAN style=" letter-spacing: -1.130000pt;" > </SPAN> </SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; line-height: 1.260000; margin-top: 12px; margin-right: 4.800000px; margin-left: 196.800000px;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: bold; font-size: 7pt; letter-spacing: 0.370000pt;" >TRANSLATION. </SPAN></P>
<P class=Style2 style=" background-color: #FFFFFF; text-align: justify; margin-right: 4.800000px;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: bold; font-size: 7pt; letter-spacing: 1.120000pt;" >THIS <SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt;" >AOREEMENT </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt;" >written at Manaia in the District of Hauraki in the Province of </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >Auckland in the Colony of New Zealand the fifteenth day of October in the Year of </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >Our Lord One thousand eight hundred and sixty eight (1868) by the chiefs and people </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >of Ngatimaru and Te Tawera of Manaia on the one part and Sir George Fergusson Bowen Governor of New Zealand on the other part Witnesseth the consent of all of </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >them that is of the chiefs and all the people of Ngatimaru and Te Tawera of Manain on </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >behalf of themselves and their heirs to release (give over) </SPAN><SPAN style="font-family: Bookman Old Style; font-style: italic; font-weight: normal; letter-spacing: 1.120000pt;" >to </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >Sir George Fergusson </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >Bowen Governor of New Zealand and the Governors who may succeed him a certain </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt;" >piece of land situated in the District of Hauraki for gold mining purposes for himself </SPAN><SPAN style=" font-style: normal; font-weight: normal; font-size: 10pt; letter-spacing: 1.120000pt;" >and </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >assigns within the meaning of the statute intituled "The Gold Fields Act 1868." </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt;" >The boundaries of the said land commencing at the Northern boundary of the lands of </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >Ngatitamatera at Te Ruahine thence proceeding along the line which has boon laid </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt;" >down to Pongawhakairo thence to Puketotara, </SPAN><SPAN style=" font-style: normal; font-weight: normal; font-size: 10pt;" >then proceeding along </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt;" >the ridge </SPAN><SPAN style=" font-style: normal; font-weight: normal; font-size: 10pt;" >of the </SPAN><SPAN style=" font-style: normal; font-weight: normal; font-size: 10pt; letter-spacing: 0.370000pt;" >source </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >of the Manaia stream thence continuing along the ridge to Pukewharariki thence </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >to Tawhitirahi thence to Te Tautiti thence to Maungakawa thence coming out at the </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt;" >great road and going towards Manaia by that great road to the boundary of the piece </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >of land reserved for Native occupation and cultivation thence along the (boundary) line </SPAN><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >of the said land which has been laid </SPAN><SPAN style=" font-style: normal; font-weight: normal; font-size: 10pt; letter-spacing: 0.370000pt;" >down to the Manaia stream and crossing the </SPAN></SPAN></P>
<P class=Style2 style=" background-color: #FFFFFF; text-align: justify; line-height: 0.790000; margin-right: 4.800000px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 1.120000pt;" >stream and proceeding by the said line to Te Tumutumu, thence continuing along the <SPAN style=" letter-spacing: 1.120000pt;" >said line to the point of </SPAN><SPAN style="font-family: Garamond,serif; font-size: 10pt; letter-spacing: 1.120000pt;" >commencement at Te Ruahine </SPAN><SPAN style="font-family: Bookman Old Style,serif; font-style: italic; font-weight: normal; font-size: 7pt; letter-spacing: 1.120000pt;" >as </SPAN><SPAN style=" letter-spacing: 1.120000pt;" >the same are defined in the </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >map hereunto annexed. </SPAN><SPAN style="font-family: Garamond,serif; font-size: 10pt; letter-spacing: 0.370000pt;" >The following are the terms and conditions under which the </SPAN><SPAN style="font-family: Garamond,serif; font-size: 10pt; letter-spacing: 0.370000pt;" >said </SPAN><SPAN style="font-family: Bookman Old Style,serif; font-size: 7pt; letter-spacing: 0.370000pt;" >piece</SPAN><SPAN style="font-family: Bookman Old Style,serif; font-style: italic; font-weight: normal; font-size: 7pt; letter-spacing: 0.370000pt;" > </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >of land is given </SPAN><SPAN style="font-family: Garamond,serif; font-size: 10pt; letter-spacing: 0.370000pt;" >over for Gold mining </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >purposes viz. </SPAN></SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; text-indent: 24px; line-height: 0.810000; margin-right: 4.800000px;" ><SPAN style="font-family: Times New Roman; font-style: normal; font-weight: normal; font-size: 9pt; letter-spacing: 0.370000pt;" >1 All lands <SPAN style="font-family: Garamond,serif; font-size: 10pt;" >within the said boundaries above described are open for gold mining </SPAN><SPAN style="font-family: Garamond,serif; font-size: 10pt; letter-spacing: 0.370000pt;" >to all persons. </SPAN></SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; text-indent: 24px; line-height: 0.940000; margin-top: 2.400000px; margin-right: 4.800000px; margin-bottom: 0px; margin-left: 0px;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: normal; font-size: 10pt; letter-spacing: 0.370000pt;" >2 No person shall be allowed to mine for gold on the piece of land above described <SPAN style=" letter-spacing: 0.370000pt;" >unless he be the holder of a Miners Right empowering him in that behalf, the payment </SPAN>for every such Miners Right shall be One pound <SPAN style="font-family: Bookman Old Style; font-style: italic; font-weight: normal; font-size: 14pt;" >(£1) </SPAN>per annum. </SPAN></P>
<P class=Style1 style=" background-color: #FFFFFF; text-align: justify; text-indent: 24px; line-height: 0.790000; margin-right: 4.800000px; margin-bottom: 4.800000px;" ><SPAN style="font-family: Garamond,serif; font-style: normal; font-weight: normal; font-size: 10pt; letter-spacing: 1.120000pt;" >3 Miners Rights will be issued by an officer of the Government. Any person <SPAN style=" letter-spacing: 0.370000pt;" >being the holder of </SPAN><SPAN style="font-family: Bookman Old Style; font-style: normal; font-weight: bold; font-size: 9pt; letter-spacing: 0.370000pt;" >a </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >Miners Right shall </SPAN><SPAN style="font-family: Times New Roman; font-size: 9pt; letter-spacing: 0.370000pt;" >be </SPAN><SPAN style=" letter-spacing: 0.370000pt;" >entitled to mine for gold construct dame </SPAN></SPAN></P>
</LAYER>
</DIV>
<DIV class=Boxlistheight style=" width: 801.933333px; height: 1130.666667px; top: 88.933333px;" >
</DIV>
</ILAYER>
</DIV>
</BODY></HTML>
![]() |
4.62 74 |
▲back to top |
1853-54] PIAKO DISTRICT. 551
TRANSLATION.
THIS DEED entered into on the 5 of November in the year 1858 being the consenting of Takupu and the Chiefs of the Nga Tipaoa the consenting also of the Queen of England on her part, now I Takupu the owner of the Land described in this Deed do now agree to sell this Land to Queen Victoria for the sum of £50 now given to me for this I give up and make over to Victoria Queen of England and her Heirs and Successors for ever this land and all thereto belonging, the Boundaries are these, on the East by the Piako River on the South by the creek Ohinewhero and on in a straight line until it gains the top of Parawhau range on the West by the Parawhau range on the North by Huirae then descending to Tokatoka and on until it comes out at Kanapu on the river of Piako, it is further agreed to by the Queen of England on her part that there shall be paid for the following purposes that is to say for the founding of Schools in which person. of our race may be taught for the construction of Hospitals in which persons of our race may be tended for the payment of Medical attendance for us for the construction of Mills for us for Annuities for our Chiefs or for other purposes of a like nature in which the Natives of this couutry have a like interest ten per cent or ten Pounds out of every 100 Pounds out of any monies from time to time received for this Land when it is resold.
Witness my name—
(Signed) TAKUPU.
Witness–
(Sd.) John White, Interpreter.
(Sd.) Andrew Sinclair, Clerk, Survey Office.
Received by me Takupu the 50 Pounds as agreed to in this Deed hence my signing this my name on this the 5 of November in the year 1858.
(Signed) TAKUPU.
Witness–
(Sd.) John White, Interpreter.
(Sd.) Andrew Sinclair, Clerk, Survey Office.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, December 22nd, 1874.
Deeds—No. 394.
TUIRUA BLOCK PIAKO DISTRICT.
Ko TENEI PIKAPUKA tuku whenua i tuhia i tonei ra i te waru o nga ra o Hurai 8, i te tau tahi mano waru rau rima tekau ma wha, 1854, he pukapuka tino tuku atu i tetehi wahi o to matou whenua ki Te Kuini o Ingarangi ki nga Kingi, Kuini ranei o muri iho i a ia; tona ingoa ko Tuirua—kei roto o Piako.
Ko nga Rohe anei, ka timata ki " Pirori " ka haere " Mangawhere," puta noa ki " Mangapiko "—ka koki, ka heke i roto o te wai o "Tuirua, — ka rere ki runga ki
te hiwi o Tikioneone "— ka rere "Otane," ka whati i reira, ka haere " Pirori;" ka tutaki.
Na, kua riro mai i a matou inaianei nga paune moni Kotahi Rau takitahi (£100) na te Makarini i homai—toe ake hoki kotahi te Rau, ka Rua ai nga rau mo taus whenua,—a, ki te kitou eke a to Ruritanga to tino nuings o to whenua, hui koua pea ka whakanuin alto ai nga utu, a, ki te kore ka kore ano.
A, no to rironga mai o enei moni, koia matou ka tuhi iho ai i o matou ingoa we o matou tohu—a, mo te whakaaetnga o te koia te tuhinga o te ingoa o te Makarini, te kai whakarite whenua o te Kawanatanga.
(For D. McLean.) H. T. KEMP.
otu nga kote. William Jewett.
Paeraka. Hori Pokai te Ruinga x.
Ko Wiremu Kingi. Ko te Hiwinui x tona tohu.
Ko Arama Karaka. ngakete.
Ko Pone hemine. Ngamare x his mark tona tohu.
Ko Unahi.
Kai Titiro --
John White, Interpreter.
John P. Russell, Wairarapa.
H. T. Kemp, J.P.
TRANSLATION.
THIS DEED written this eighth day of July in the year one thousand eight hundred and fifty four (1854) is a paper of our full consent to give up for ever a certain portion of our land to Victoria the Queen of England to the Kings or Queens who may succeed her for ever. The Name of the land is Tuirua in the Piako District. These are the boundaries —Commencing at Pirori, thence to Mangawhero, and on to Mangapiko, thence turning down the Tuirua stream and running along the ridge of to Otane, thence to Pirori where the boundaries meet.
1853.
5 November.
PIAKO DISTRICT.
PIAKO.
Boundaries.
10 per cent. on sales of this land by Government to be spent on various Native purposes.
Receipt for £50.
1854.
8 July.
PIAKO DISTRICT.
TUIRUA.
Boundaries.
Receipt for £100.
PIAKO DISTRICT.
TUIRUA.
Boundaries.
![]() |
4.63 75 |
▲back to top |
continued.
Receipt for £l00.
Now we have received this day the sum of one hundred pounds (£100) from
Mr. McLean, One hundred pounds (£100) still remains to paid which will make the total amount to Two hundred pounds and if it is found when the land is surveyed that it exceeds the estimated quantity it will be decided whether or no there shall be any additional payment.
And in testimony of the receipt of there moneys by us we hereunto affix our names and marks. And in testimony of the consent of the Queen of England to the conditions of this Deed the name of Donald McLean, Land Purchase Commissioner is also affixed.
(For D. McLean.) H T. KEMP.
Sd. William Jowett.
"Hori Pokai x to Ruinga.
"Ko te Hiwinui x his mark.
"Nga Kete.
"Ngamare x his mark.
"Ruinga.
Witnesses-
Sd. John White, Interpreter.
" John P. Russell, Wairarapa.
" H. T. Kemp, .J,P.
True Translation.
DONALD McLEAN,
March 18, 1856. Chief Commissioner.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, January 7th, 1875.
Sd. Etu Ngaketo.
" Paeraka,
" Ko Wiremu Kingi.
" Ko Arama Karaka.
" Ko Penehamine.
" Ko Unahi
1854.
10 July.
PIAKO DISTRICT.
MANGAWHERO.
Receipt for £100.
Deeds—No. 395.
MANGAWHERO BLOCK, PIAKO DISTRICT.
Ko TENEI PUKAPUKA tuku whenua i tuhia i tenei ra i te tekau (10) o nga ra o
te tau 1854 ho pukapuka tino whakaae na matou kia tino tukua rawatia aata wahu
o to matou whenua ki a te Kuini o Ingarani kei Hauraki kei Piako e
Ko nga rohe koia, anei Ka timata i Mangawhero ka haere ki uta ki
ka whatiia ka haere i runga o te tihi o te maunga haere tonu puta noa i te o Hauraki ka whatiia ka Haere i taha ki te hauauru i roto o te awa o Piako puta Mangawhero ka hone hoki nga roho i konei.
A mo te matou whakaaetanga ki te tuku atu i tenei whenua ka whakaae mai te
Kuini o Ingarani kia utu mai ki a matou kotahi te rau pauna moni (£100) na te Makarini i homai ki a matonu
Na kua tino tukua rawatia atu tenei whenua e matou kia te Kuini me nga rakau me nga awa me nga kowhatu we nga aha noa iho ake tonu atu. A no te rironga mai o euei moni koia te tuhinga iho o matou ingoa me o matou tohu.
Ko Kaipo Nga Mare. Mohi Puatau.
Mohi Harae. Unahi Kanapa.
Wiremu Kingi. Hemi Kepa.
Peneamine Kaipara. Hori Kingi Pokai.
Rawiri Takurua. Henare Pauru.
Kai Titiro—
William Jowett.
Wiremu Patene.
Patara Pouroto.
Archd. A. Melnnes, Clerk, Native Dept.
True Copy of Original Deed.
H. T. KEMP.
Auckland, November 6th, 1855. Acting Chief Commissioner.
1854.
July.
PIAKO DISTRICT.
MANGAWHERO.
TRANSLATION.
THIS DEED of sale of land written on this tenth day of July in the year 1854 is a document of the final consent by us to fully cede a portion or our laud to the Queen of England. It is situate at Hauraki at Piako.
These are the boundaries, commencing at Mangawhero thence inland to it turns here and goes along on top of the range to the valley of the turns there towards the West along the Piako river to Mangawhero where the
boundaries join
![]() |
4.64 76 |
▲back to top |
streams he stones and everything else for ever. And in consideration of the receipt of this money we have signed our names and made our marks.
[Witnesses] [Signatures.]
Correct translation
T. E. YOUNG
Translator, Native Department.
A True Transcript of Certified Copy of Original Deed.
H. H. TURTON Wellington, February 24 th, 1876.
Deeds—No. 396.
AND THREE OTHERS BLOCKS IN THE PIAKO DISTRICT.
Ko TENEI PUKAPUKA taku whenua i tuhia i tenei ra i te tekau ma wha Hurai i te
tau kotahi mano waru rau rima tekau ma wha (1854) he pukapuha tino whakaae na inatou kia tukua rawatia wahi o to matou whenua ki a te Kuini o Ingrani ki nga Kungi Kuini ranei o mura iho i a ia ake tonu atu tona ingoa ko Piako ki Huaraki
Ko nga rohe kola enei ko te wahi tuatahi ki Opou ka timata te rohe o Waho ki te
ka rere ki uta i taua, awa ki te ngaherehere puta noa ki te Karaka ka
whati i reira ki Whangathou ka rere ki te awa Tupapaku ka haere i toto o Piako puta
noa ki te Puoho.
Te wahi tuarua ki Okahu ka timata te rohe o waho ki te Wanaki ka rere ki uta ki
Okupapa ka whati i reira te Wai' inu o Wangaihou ka rere ki waho ki Waitake ka
haere i rota o te awa o Piako puta noa ki to Wahaki.
To wahi tuatoru ko te Harete Ka timata te rohe o waho ki Kopuraruai ka rere ki
uta ka puta wahe ki te taha tonu o te wai kua hokona e Epiha puta noa
ki Piako haere tonu i roto o taua awa puta noa ki kopuraruai.
To wahi tuawha ko te Awamatai ka timata te rohe o waho ki te Koruotima ka rere ki uta ka whati i reira ki te Auto ka puta ki waho ki Raugihou ka haere i
roto Piako puta roa ki kariotimu.
A ma matou enei e ki nga kai ruri whenua hei reira whakatumantia
ai nga kua riro i a Makarini kotahi te rau pannatenei ka oti atu ki a te kuini me nga rakau me nga
No konei ka tuhia ihe me o matou tohu.
Keha Mare his x mark. Kereopa x.
Ngawaka Warene his x mark. To Rarama.
Hori Pokai. Ngakapo.
Tipene. To Wani.
Kai Titiro—
William Jowett.
Mohi Harare
Katipa Awarahi.
Archd. A. Mctunes, Clerk in Native Dep.
John White, Interpreter.
TRANSLATION.
THIS DEED conveying land written on this fourteenth (14) day of July in the year one
thousand eight hundred and fifty four (1854) is a Document of our full consent to give
up for ever a certain portion of our Land to the Queen of England to the Kings or
Queens who may succeed her for ever which land is situated at Piako and Haauraki—
The are as follows. The first portion Opou—The outer boundary commences
at Te and runs inland in the course of that stream to Ngaherehere and on to the
Karaka where it turns towards Whangaihou thence to the streams Tupapaku and in the
course of the Piako river to Puoho. Tho second portion Okahu—The outer boundary
commences at Wauaki thence in a direct inland to Okupapa where it turns towards
thence to Waitake and down the Piako stream to Wanaki. The
third portion Te Haroto—The outer boundary commences at Kopuraruai thence inland
to Rangitepu and onwards till it joins the land which was sold by Epiha and on to Piako
down which river it proceeds to Kopuraruai. The fourth portion Te Awamatai—The
outer boundary commences Koruatima thence inland to Waiwara thence to the Auto
and and down the Piako river
We here by agree to point out the boundaries to the Surveyors when also the total amount of payment will be decided upon. We have received the sum of one hundred pounds as a. This land we have given up to the Queen for ever with
its trees and all above or below the Surface whereof we hereunto affix our names and
marks.
Hori Pokai. Tipene.
14
2. Okahu
![]() |
4.65 77 |
▲back to top |
William Jowett.
Mehi Harare.
Awarahi,
Native Dept.
John White, Interpreter.
A True Copy of Original Deed and Translation.
H. HANSON TURTON,
Wellington, August 4th, 1875.
855
August.
DISTRICT.
TAWA.
1854 £100
1855 £200
£300
1855. August.
DISTRICT.
TAWA.
£200
100
£300
Deeds—No. 397.
TE TAWA BLOCK (SECOND INSTALMENT), PIANO DISTRICT.
TENEI PUKAPUKA e tuhituhia nei i tenei ra i te tekau ma ono (16) o nga ra o Akuhata i te tau o to talou Ariki kotahi mono o waru rau e rima tekau ma rima (1855) He pukapuka whakaae pono na matou na nga Rangatira me nga tangata o Ngatihaoa e mau
nei nga, ingoa ki tenei pukapuka hokona kia tino tukua rawatia tetahi wahi o to
matou kainga hi Piako ki a Wikitoria te Kuini o Ingarani ki nga Kingi Kuini ranei o
muri iho i a ia ake tonu atu.
Ka timata te rohe ki te Tawa ha rereki Waihohonu ka rere i runga i te ruritanga o matou tahi ko kapne Hiira (Haele) puta noa ki Tatawa rere lonu ki Waikahua tae
noa ki Mangapirita rere non Taumata tae atu ki te taha o Maungare rere non hi
Pukiekio tata atu o te Huruhuru ka rere i rohe puta noa
ki Waipapa haere ki Mangarewa tae atu hi Onowhero ka whiti Maungataparu ka tae
ki .Nlangahaumia ka rere i reira i wai o Mangahaumia te rohe tutaki noa ki te Tawa
A mo to matou tino whakaae pono kia hokona kia tino tukua rawatia tenei wahi o to matou kainga kua oti nei nga rohe korero ki tenei pukapuka e whakaae a Wikitoria Kuini o Ingarani mona kia utu i a matou ki nga pauna moni e toru rau takitahi (£300) Kotahi rau o aua moni kua riro mai ki a matou i te tahi o nga ra o Ko nga rau e rua i kua homai ki o matou ringaringa i tenei ra e te Makarini.
A mo to rawatanga o tenei whenua ki a te Kuini i tenei ra e whiti nei ka tuhia iho to matou ingoa me to matou whakaaetanga pono ki nga korerotanga o tonei pukapuka.
E whakaao ana a Pirihi—
Apirahama. Reupene x.
Nganana x. Rore x.
Henare x. Tupara x.
Irihia x. Wharerauho x.
Makomako x. Thumakanira x.
Matawhaura X. Mata Mipoti x her mark.
Nga Kai Titiro ki me enei
ingoa—
Theoph. Heale, Surveyor. Auckland. Joseph Newman, Land Agent, Auckland. John Hobbs.
TRANSLATION.
THIS DOCUMENT written on this sixteenth day of August in the year of our Lord one thousand eight hundred and fifty five is a document of the true consent of us the Chiefs and people of Ngatihaoa whose names are hereunto attached to sell and to entirely give up the portion of our place at Piako to Victoria the Queen of England and to the Kings or Queens who may succeed her for ever.
The boundary commences at Te tawa thence to thence along the survey
made by us and Captain Heale to Tatawa thence to Waikahua and on to Mangapirita theneoe to Taumata and on to the side of Maungare thence to Pukiehie and on to the boundary a little inland of Te Huruhuru thence from that boundary to Waipapa thence to Matwarewa thence to Onewhero thence across to Maungataparu to Mangahaumia, thence following the course. of Mangahaumia till it reaches Tetawa.
And on account of our true consent to sell and entirely give up this part of our place the boundaries of which arc described in this document Victoria the Queen of England on her behalf agrees to pay us the sum of Three hundred pounds one hundred pounds of which we received on the first day of August in the year 1854. the remaining two hundred pounds has this day been given into our hands by Mr. McLean and on account of the final cession of this land to the Queen under the shining sun of this day we have written our names and our true consent to the contents of this document.
[Witnesses.] [Signatures.]
Correct translation.
T. E. Young.
Translator Native Department,
![]() |
4.66 78 |
▲back to top |
1857] PIAKO DISTRICT.
Deeds—NO. 398.
PIAKO BLOCK, PIAKO DISTRICT.
TENEI PUKAPUKA tuku whenua e tuhituhia nei i tenei ra i te tekau ma ono 16 o nga ra o Nowema i te tau o To Tatou Ariki Kotahi mano e waru rau e rima tekau ma whitu 1857 He Pukapuka tino whakaae pono na matou na nga Rangatira me nga Tangata katoa o Ngatipaoa e mau nei nga ingoa ki tenei Pukapuka mo matou mo o matou whanaunga me o matou uri katoa e whanau i muri iho i a matou kia Hokona kia tino tukua rawatia tetahi wahi o to matou whenua ki a Wikitoria to Kuini o Ingarini ki nga Kingi Kuini ranei o muri iho i a ia ake tonu atu. Ko nga rohe enei ka timata to robe ki Hou Rotuku ka haera maro tonu ki to Pokeka ka whati ka haere ki Waikaka ka whiti ka haere Perepangongo to Pukatea Manutahi Te Arotohua Pouriuri, ka whiti, Ohinowhero, Ohinokana, To Maioro Hui Kareti, Te Rapaki ka whati, ka haere Te Reatuna, Tawatukimata, Te Araeriri, ka tutaki ki te awa o Piako ko te awa o Piako to Rohe puta noa ki te Riu o Hauraki, ko te Riu o Hauraki to robe ka haere ka whati ka haere Tunawhakahara, Kahuitara, Ahimoriro Otaki Rangsaetara, Tauwhiti, ka whati ka haero Te Taheke Te Tahora, To Mangaenga, Te Pukeiti ka whati ka haere Pukehinnu, Puketi Te Ranga, Te Maero, Waiti ka whiti ka haere Te Paiaka, Matawai Tokerao, Waipapa, Manghuna ka whati ka haere ki te Pa o Aranga, ka whati ka hoke atu ki Te Weiti, ko to Weiti to rohe puta noa ki te awa o Mangawara, ko te awa te rohe ka heketanga atu i Puketapu ka haere i reira a Pokongawha, Te Aroaro, Pukohai, Ngararapapa, ka whati ha haere Omatiti, Kawau, Toheroa, Nga Pahau, ruketionga, ka whai ki te taukaka puta noa ki te Pahua, ka heke atu ki Owharuru ka whiti ka piki ki Okaraua ka heke to Riri o te Konga Okotare, heke tonu atu ki Mangawhere, ka piki ka maro tonu atu ki te repo ka hono tonu atu ki Hou Kotuku. Ko nga wahi i mahue ki waho ki to taha ki te repo ka riro mai me nga wahi repo i tapoko ki roto engari to wahi tapu ki to Paoroa me te wahi i rere ki waho ki Waiparera mo nga tangata Maori, Heoi ano puta noa ki Pouriuri kei reira ko te ara ruri tonu to rohe.
A e whakase ana hoki matou kia haere te Ara nui i runga i te matou whenua ka timata i Whatitokarua ara i te Tauranga, a haere atu ki te whenua kua tukua nei o matou. A mo to matou whakaaetanga kia tino tukua rawatia tenei wahi o to matou kainga o whakaao ana a Wikitoria te Kuini o Ingarini mona kia utua mai to matou nei whenua ki op pauna moni kotahi nano e rima rau e iwa tekau £1590, takitahi. Ko otahi o aua moni kua riro mai ki a matou i mua koia enei. No to rua tekau (20) a Mei i te tau 1854 nga pauna moni e turu tekau (£30) takitahi. No te tekau ma wha (14) o Hune i te tau 1854, Nga pauna moni kotahi rau (£100) takitahi no te rua tekau ma tahi (21) o Huno i te tau 1854 nga pauna moni kotahi rau e rima tekau (£150) takitahi. No te tekau (10) o Hurae i te tau 1854 nga pauna moni kotahi rau (£100) takitahi, No te rima (5) o Akuhata i te tau 1864, pauna moni e rua rau kotahi tekau (£210) takitahi.
Heoi ra kua oti i a matou te Hurihuri te Mihi te Puroporoaki te tino Tuku rawa atu i tenei kainga o a matou Tupuna tuku iho ki a matou me ona awa me ona Roto me ona wai me ona Maunga, me oha rakau, me ona kowhatu me ona Otaota me ona Wahi parse me ona Ngaherehero me ona wahi ateahua me ona wahi kino me nga moa katoa kei runga ranei o te whenua kei rare ranei o te whenua me nga aha noa iho o taua whenur kua tukua katoatia atu mattou i tenei ra e whiti nei hei whenua pumau tonu iho ki a Wikitoria te Kuini o Ingarini ki nga Kingi Kuini ranei o muri iho i a ia a ake tonu atu. A mo to matou whakaaetanga i tonei Ra ki nga Tikanga katoa o roto i tenei Pukapuka ka tuhia iho to matou ingoa o matou Tohu.
A mo te whakaaetanga o te Kuini o Ingarini moua ki nga Tikanga katoa o roto i tenei Pukapuka ka tuhia iho te ingoa o te Makarini (Donald McLean Esquire) te tino kai whakarite whenua o te KAWANA o Niu Tireni.
Te Wi Matete
Tipa x his mark.
Rawiri Takurua.
Poihipi x his mark.
Te Rangituatea.
Hoera Whareponga.
Ponehamine te Hikaiti.
Mohi Harau x his mark.
Wikiriwhi.
Hire Haua x his mark.
Timoti.
I tuhia i te Aroaro o enel Kaititiro
(Sd.) John Rogan, Auckland.
Wm. B. Baker.
James Fulloon.
John Hobbs.
(Sd.) DONALD MCLEAN, Commissioner.
Mautara.
Wata.
Rota te Hotuiti x his mark.
Ria.
Parawera.
Pita Tamakeu x his mark.
Honi te Kuti.
Te Ruinga.
Te Hira.
Motuihe x his mark.
Raniera & Roria x his mark.
555
Reserves excepted.
Right of road from Whatitokarua.
Price of block, £1,590.
Payments already received:
20 May, 1854 £30
14 June " 100
21 " " 150
10 July " 100
5 Aug. " 210
£500
1857.
16 November.
PIAKO DISTRICT
PIAKO.
Boundaries,
![]() |
4.67 79 |
▲back to top |
13
556 PROVINCE OF AUCKLAND, [1857
1837. TRANSLATION.
16 November. THIS DEED of sale of land executed this sixteenth day (16) of November in the year
PIAKO DISTRICT. of Our Lord one thousand eight hundred and fifty seven (1857) is a thorough and final consent on our part the chiefs and people of Ngatipaoa, whose names are affixed for
PIAKO. ourselves and all our connections and on behalf of our descendants after us to sell and
finally surrender a certain portion of our land to Victoria Queen of England and all
Boundaries. Kings and Queens Her successors for ever. These are the boundaries commencing at Hou Kotuku 90 115° 28' 2820—118° 45'—2382 to Te Pokeka thence 106° 80'—1872—118° 55'—1463 to Rerepangongo 146°—11970 Te Pukatea Manutabi thence 182°—4878 to Te Aratohua thence crossing Pouriuri creek to Ohinewhero Ohinekana te Maioro—Hui Kareti. To Rapaki 142° 15'—18141 thence 164° 45'—17779 Te Reatuna—Tawatukimata Te Araeriri—thence 162° to the River Piako which then becomes the boundary as far as Te Riu o Hauraki. Te Riu o Hauraki becomes the boundary thence 333° 5' 7696 Tunawhakahara, thence 326° 35'—15447, Kahuitara,—Ahimoriro—Otaki—Rangaetara—Tauwhiti thence 332°—3657 Te Taheke—Te Tahora, Te Mangaenga—Te Pukeiti thence 273° 5452 Pukehinau—Te Ranga thence 264° 45'-16118 Te Maire - Waiti crossing the Creek Te Paiaka—Matawai Tokerao—Waipapa—Mangahuna—thence 321° 30'—7059 to the Pa o Aranga thence 311° 30'—4178 to Te Weiti Creek. This creek is the boundary till it joins the Mangawara Creek. The Mangawara Creek is the boundary till it meets the line going from Puke Tapu 332° 23° 6637—Pokongawha— Te A roaro thence 297° 30'—7630—Pukohai,—Ngararapapa Te Toke thence following the ridge or watershed—Omatiti—Kawau—Toheroa Nga Pahau—Puke Tionga—to Te Pahua it. then follows the leading spur down to the Owharuru Creek, crossing this creek it rises the leading spur to Okaraua it then goes down this ridge Te Riri-o-te. Konga—Okotare thence 36° 45'—14400 to Mangawhero Creek, crossing this and straight on to the swamp and then on te Hou Kotuku. All those portions of land that may lay between the surveyor's line and the swamp are included in this sale as are also all portions of swamp cut off by the surveyor's line, with the exception of the burial place at Paeroa and
Burial-grounds excepted. Waiparera where the line crosses Waikaka Creek, these two last named places are reserved for the Maoris, this is the only exception right away to Pouriuri Creek, after crossing which the surveyor's line becomes the boundary.
Right of road eeded We also hereby consent to a right of way through our lands from Whatitokarua,
from Whatitokarua. that is the landing place thence on to the land we have surrendered by this Deed of sale. In consideration of our consent to the final surrender of this portion of our land Victoria the Queen of England agrees to pay us for our land the sum of one thousand
Price of block, live hundred and ninety (£1500) pounds. A portion of this money has been received
£1,590. by us already as an advance. On the twentieth (20) day of May in the year 1854 the
Payments already sum of (£30) thirty pounds. on the fourteenth (14) day of June in the year 1854 the
received: sum of one hundred pounds (£100) on the twenty first of June in tho year 1854 the
20 May, 1854 £30
14 June " 100 sum of one hundred and fifty pounds (£150) on the tenth (10) day of July in the year
21 " " 150 1854 the sum of one hundred pounds (£100) on the fifth (5) day of August in the year
10 July " 100 1854 the sum of two hundred and ten pounds £210.
5 Aug. „ 210
£300 We have for over given up wept over taken farewell of and finally surrendered this land descended to us from our ancestors with its streams lakes waters its mountains and timber its minerals and its vegetable productions its plains and its forests its good places and bad and all things appertaining to it whether on the surface or in the ground and all and everything of the land aforesaid have we totally surrendered on this day under the shining sun, as land to have and to hold to Victoria Queen of England and to all Kings or Queens Her successors for ever. In token of our consent to all and everything contained in this Deed we sign our names and affix our marks. In token
of the consent of Victoria Queen of England to all and everything contained in this
Deed Donald McLean Eaq. Chief Commissioner signs his name.
(8d.) DONALD McLEAN Commissioner.
TE WI MATETE,
Signed in our presence— And 21 other signatures. John Rogan, Auckland.
Wm. B. Baker. James Fulloon. John Hobbs.
True translation.
(8d.) GEO. W. DRUMMOND HAY, District Commissioner.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, September 80th, 1875.
1857. Deeds—No. 399.
23 November. TE NGE BLOCK, PIAKO DISTRIOT.
PIAKO DISTRICT. TENEI PUKAPUKA. tuku Whenua e tuhituhia nei I Akarana i tenel Ra i te Rua tekau
ma
PIAKO DISTRICT. toru 23 o nga Ra o Nowema i te Tau o To Tatou Ariki kotabi mano e waru rau e rima
TE NGE. tekau ma whitu 1857 He Pukapuka tino whakase pone na Matou na nga Rangatira me
age Tangelo o Ngati Paoa mau nei nga Ingoa ki tenei Pukapuka, mo Matou mo o
Matou Whanaunga me o Matou Uri katoa e Whanau i muri iho i a Matou kia Hokona
![]() |
4.68 80 |
▲back to top |
1857] PIAKO DISTRICT. 557
kia Tino Tukua rawatia tetahi Wahi o to maton Whenua ki a Wikitoria te Kuini o Ingarini ki nga Kingi Kuini ranei o muri iho i a is a ake tonu atu.
A mo to maton Whakaaetanga\_kia tino tukua rawatia tenei Wahi o to matou Whenua e whakaae ana a te Kuini Wikitoria mona kia utua to matou nei Kainga ki nga Pauna Moni Kotahi rau kotahi tekan £110 takitahi. Ko ana Moni kua riro mai ki a Matou i tenei Ra na te Uira (George W. Drummond Hay Require). i homai.
Ko nga Rohe enei. Te Timatanga a haere mai i Te Araeriri are i te tutakitanga ki to Awa o Piako o te Ara ruri i tike mai i Te Rapaki ka haere i reira i roto o te Awa o Piste puts noa mai ki te komutuawa o Te Nge puta noa mai ki Rimakahu ka ahu atu ki te hauauru ki Ngutukiore puta noa ki te Ara ruri i tika mai i Te Rapaki.
Heoi ra kua oti i a Maton te Hurihuri te Mihi te Poroporoaki te tino Tuku rawa atu i tenei Kainga o a matou Tupuna tuku iho ki a Maton me ona Awa me ona Manga me ona Roto me ona Wai me ona Rakau me ona Otaota me ona Kohatu me ona Wahi parae me ona Ngaherehere me ona Wahi ataahua me ona Wahi kino me nga Mea katoa ki runga ranei o te Whenua ki raro ranei o te Whenua me nga Aha noa iho o taua Whenua kua tukua katoatia atu e matou i tenei Ra e whiti nei hei Whenua pumau tonu iho ki a Wikitoria te Kuini o Ingarini ki nga Kingi Kuini ranei o muri iho i a Ia a ake tonu atu.
A mo to Matou Whakaaetanga ki nga Tikanga katoa o tenet Pukapuka kua tuhis iho o matou Ingoa me o matou Tohn.
A mo te Whakaaetanga o to Kuini o Ingarini mona ki nga Tikanga katos o tenei Pukapuka kua tubia iho te Ingoa o te Makarini (Donald McLean Esquire) te tino Kai Whakarite Whenua o te Kawana o Nui Tireni.
DONALD McLEAN, Comr.
TE WHARKUMU. TAPIRI.
TE WI TE KOPARA. HIRA NGANGIRA.
I tubis i ta Aroaro o enei Kai Titiro—
John White, Interpreter, Land Purchase Department. Elwin B. Dickson, Clerk, Native Office.
John Hobbs.
TE NGE
continued.
Receipt for £110.
Boundaries. [1,200 acres.]
TRANSLATION,
THIS DEED conveying land dated at Auckland this twenty third (28) day of November in the year of Our Lord One thousand eight hundred and fifty seven (1857) is a paper of the full and true consent of us the Chiefs and people of the Ngatipaoa whose names are hereto subscribed for ourselves our relations and descendants to be hereafter born, to fully and finally transfer a piece of our land to Victoria the Queen of England and to all the Kings and Queens her successors for ever.
And for our consenting entirely to surrender this piece of our land, Victoria the Queen of England on her part agrees to pay for this our land, the Sum of One Hundred and Ten Pounds £110, which sum has been paid to us this day by George W. Drummond Hay Esqre.
These are the boundaries, commencing at Te Araeriri that is where the boundary going south from Te Rapaki meets the river Piake, thence following the course of the river to the mouth of the creek known as Te Nge and on to Rims Kahn thence 275°—4500 links to the creek Oamo, thence 216°—500 links to Te Tursnga o Horoaka, thence 284°—4600 links to Pu Harakiki, on the boundary going South from Te Rapaki.
Now we have fully considered wept over and finally bid adieu to this land, inherited by us from our ancestors, with its streams, swamps, lakes, waters, trees, shrubs, stones, plains, forests, good places and bad, with all things either at the surface or in the earth and everything appertaining to the said land, have we finally given up under the shining sun of this day as a fixed possession to Victoria the Queen of England and to all the Kings and Queens her sucoessors for ever.
And in witness of our consent to all the conditions named in this deed, we have hereto subscribed our names end marks.
And in witness of the consent of Victoria the Queen of England on her part to all the conditions of this Deed, it has been signed by Donald McLean Esqre The Chief Land Purchase Commissioner of the Governor of New Zealand.
(Signed) DONALD MCLEAN, Comr.
TE WHAREUMU. TAPIRI.
TE WI TE KOPARA. HIRA NGANGIRA.
Witnesses to the payment aed signatures—
(Signed) John White, Interpreter, Land Purchase Dept. ( „ ) Elwin B. Dickson, Clerk, Native Office. ( „ ) John Hobbs.
True Translation.
GEO. W. DRUMMOND HAY,
Dist. Commissioner.
A True Copy of Original Deed end Translation.
H. HANSON TURTON. Wellington, January 8th, 1875.
71
1857.
23 November.
PIAKO DISTRICT.
TE NGE.
Receipt for £110.
Boundaries. [1,200 acres.]
![]() |
4.69 81 |
▲back to top |
8
PROVINCE OF AUCKLAND, [1872
1872.
28 November.
IAKO DISTRICT.
WAITOA.
Indaries
Recipt for. £750.
1872.
8 November.
IAKO DISTRICT.
WAITOA.
Deeds—No. 400.
WAITOA BLOCK, PIAKO DISTRICT.
TENEI PUKAPUKA i tuhituhia i tenai Rua tekau ma warn o nga ra o Nowema i te tau o to tatou Ariki 1872 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na matou nanga Rangatira me nga Tangata o Taupo Ngatipaoa no ratou nga ingoa e mau i raro nei a hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri mo te tubituhinga o o matou ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kua tino tukuna rawatia ata ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i a ia me aua me a ratou a whakarito ai hei whakariteaga mo nga Pauna moni whitu rau e rima tekau kua utua mai ki a matou a Te Paki (E. W. Puckey) mo te Kuini (a e whakaaetia nei e matou te rironga mai o aua moni) ko taun wahi whenua katoa kei Waitoa ko Waitoa to ingoa o taua wahi whenua ko nga rohe kei raro i to Pukapuka nei e mau ana to korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awanui me ona roto me oua awe ririki me nga men katoa o taua whenua o rungs ranei o raro ranei i te mata o tauat whenua me o matou tikanga me o matou take me o matou paauga katoatanga ki taua wahi ; Kia mau tonu ki a
Kuini Wikitoria ki oua uri ki ana raaei e whakarite ai hei tine mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki uga tikanga katoa o tenei Pukupuka kua tubituhia nei o matou ingoa me o matou tohu A bei tohu hoki mo te whakaaetanga o to Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kun tuhia nei te ingoa o Te Paki (E. W. Puckey) Kaiwhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i Otamaka ka haere i roto o Waitoa whakarunga a Mangapuketea hei reira ka piki ki uta ka maro atu a Te Titoki kei reira ka whati ki te marangai haere i waenganui o Pukekaraka me Maungawawa ka puta ki Waewaeraewhero ka haere ki Te Tonga o Maungawawa ka whati ki te Hauauru mare tonu a Te Ruahine ka marere iho ki to awa ki Waitoa ka haere i roto o taua awa a Whakakapun ka tae ki Owhaene ka
haere i roto o Owhaene a Whitikitiki ka haere ki te Marangai Whakapukepuke ka whati whakararo ki Waikokeri ka ahu ki te Marangai a to Waipuna ka tutaki ki Putauhina ka ahu whakararo mai ano a Maungapukatea ka whati i Hangikaraka ka puta ane ki Owhaene ka haere i roto o taua awa a Otamaka Ko nge pihi ka rere ki waho ke Otamaka me te Karaka me Kakaramai.
Kua riro mai ki a matou i tenei ra i to Rua tekau ma warn o nga ra o Nowema i te tau o to tatou Ariki Kotahi mano e warn rau whitu tekau ma rua (1872) nga Pauna moni Whitu ran e rima tekau (£750. 0. 0.) Ko te utu tenei kua whakahuatin ki te Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou e Edward Walter Puckey mo te Kuini. Haora Tipa. Ne pi a to kere.
Matiu Patara. Hauauru tipa.
Hira te Rumanui. rakena kawa.
Wa ta ha nga ta. Hori More.
Winikerei te Whetuiti. Na Meha te Moananui.
Wata Tipa. Rihia to kauae. Nga Kai-titiro—
Edwd. Hy. Power, Lied. Nat, Interpreter, Thames.
W. H. Taipari, Hauraki.
TRANSLATION.
THIS DEED written on this Twenty eighth day of November in the year of our Lord 1872 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngatipaon whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England Her Heirs the Kings and Queens who may succeed Her and Her and their Assigns for ever in consideration of the sum of Seven hundred and fifty Pounds (£750 . 0. 0) to us paid by Edward Walter Puckey Esquire on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Waitoa and named Waitoa the boundaries whereof are set forth at the foot of this Deed and n plan of which Land is annexed thereto with its troos minerals waters rivers lakes streams and all apportaining to the said Land or beneath the sm.. face of the said Land and all our right title claim and interest whatsoever thereon To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of the Commissioner is hereunto subscribed. Those are the boundaries of the Land as described herein.
Hors Tips. Nepia Tokere.
Matiu patara. Hauau Tipa.
Hirs te Rumanui. Rakena Kaws.
Wa ta ha nga ta. Hori More,
Winikersi te Whetunui. Na Meha te Moananui.
Wata Tips Rihia to Kauae.
Witnesses to the payment and signatures—
Edwd. Hy. Power, Interpreter,The Thames
W. H. Taipari, Hauraki.
![]() |
4.70 82 |
▲back to top |
559
PIAKO DISTRICT.
1872]
WAITOA continued.
Receipt for £750
Received this Twenty eighth day of December in the year of our Lord Ono thousand eight hundred and seventy two (1872) tho sum of seven hundred and fifty Pounds sterling (£750.0. 0) being the consideration money expressed in the above written Deed to be paid by Edward Walter Puckey on behalf of Her Majesty the Queen to us.
2862F..
Received for Registration at 2 F.M. 21 July, 1874.
(L.S.) M. HAMILTON,
Dep. Registrar.
A True Copy of Original Deed, Translation, and Endorsement.
H. HANSON TURTON.
Wellington, January 11th, 1875.
Deeds.—No. 401.
TE HOTU BLOCK, PIAKO DISTRICT.
TENEI PUKAPUKA i tubituhia i tenei rua tekau ma iwa o nga ra o Nowema i te tau o to tatou Ariki 1872 he Pukapuka tine hoko tine hoatu tino tuku whakaoti atu na matou ua nga Rangitira me nga Tangata o Ngatipaoa no ratou nge ingoa e mau i raro nei a bei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o matou uri me to tuhituhinga o o matou ingoa ki tenei pukapuka i raro i te ra e whiti nei kua whakarerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri ihe i a is me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni kotahi tekau ma toru kua utua mai ki a matou e Te Paki E. W. Puckey mo te Kuini (a e whakaaetia nei e matou te rironga mai o aua moni) ko taua wahi whenua katoa kei Piako ko Te Hotu te ingoa a taua wahi whenua ko nga rohe kei raro i te Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua whenua kua apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga ranei o raro ranei i te mata o taua whonua me o matou tikanga me o matou take me o matou paanga katoa tanga ki taua wahi; Kia mau tonu ki a Kuini Wikitoria ki ona uri ki ana ranei e whakarite ai hei tine au tonu ake tonu atu. A hei tohu mo to matou whakaaotanga ki nga tikanga katoa tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A het tohu hoki mo te whakaaetanga o te Kuini o Ingaram mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tubia nei te ingoa o Te Paki (E. W. Puekey) Kaiwhakarite Whenua. Ko nga rohe enel o taua whenua ka timata i Nihokeke i te awa o Piako ka whakataka atu ki te awa o Waitos kei Te Parahie to putanga ka haere mai i roto a Waitoa, Te Pukatea ka haere a tae noa ki te putabitanga o nga awa o Waitoa me Piako ka haere i roto i te awa o Piako a tae noa ki Nihokeke ki te timatanga o
to rohe.
HARIATA PUAO,
Ko nga tangata i kite i te hoatutanga o nga
moni me te tuhinga o ingoa—
Edwd. Hy. Power, Nat. Interpreter, Thames. W. H. Taipari, Hauraki.
Kua riro mai ki a matou i tenei ra i te rua tekau me iwa o nga ra o Nowema i te tau o to tatou Ariki Kotahi mano a waru ran white tekau ma rua (1872) nga Pauna moni kotahi tekau ma toru Pauna (£18) Ko te utu tenei kua whakahuatia ki te Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou e Te Paki (E. W. Puckey.) mo te Kuini.
HARIATA PUAO.
Nga Kai-titire—
Edwd. Hy. Power.
W. H. Taipari, Hauraki,
TRANSLATION.
THIS DEED written on this Twenty ninth day of November in the Year of our Lord 1872 is a full aid final sale conveyance and surrender by us the Chiefs. and People of the Tribe Ngalipaoa whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day Kings with and for ever transferred unto Victoria Queen of England Her Hein the Kings and Queens who may succeed Her and Her and their Assigns for over in consideration of the sum of Thirteen Pounds (£18 . 0 . 0 .) to us paid by Edward Walter Puokey Esquire on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Lord situated at Nalco and uamod To Hotu the boundaries whereof are set forth at the foot of this Deod and a plan of which Land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said Land, or beneath the surface of the said Land and all our right title claim and Internet whatsoever thereon To hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks. And in testimony of the consent of the Queen of
Registration.
1872.
20 November.
PIAKO DISTRICT.
TE HOTU
Boundaries.
Receipt for £13.
1872.
20 November.
PIAXO DISTRICT.
TE HOTU.
![]() |
4.71 83 |
▲back to top |
PROVINCE OF AUCKLAND,
560
[1872
TE HOTU continned.
Boundaries.
Receipt for £13.
Registration.
England on her part to all the conditions of this Deed the name of Edward Walter Puckey Commissioner is hereunto subscribed. These are the boundaries of the Land commencing at Nihokeke on the Piako River thence by a line to the Waitoa River striking at a point Te Parahia thence by the Waitoa river to Te Puketea and on to the junction of the Piako and Waitoa Rivers thence by the Piako to the point of commencement.
HARIATA PUAO.
Witnesses to the payment and signatures—Edwd. Hy. Power, Nat. Interpreter, Thames. W. H. Taipari, Hauraki.
Received this Twenty ninth day of November in the Year of Our Lord One thousand eight hundred and seventy two (1872) the Sum of Thirteen Pounds sterling (£13 0 . 0) being the consideration money expressed in the above-written Deed to be paid by Edward Walter Puckey on behalf of Her Majesty the Queen to us.
Witnesses—
Ed wd . Hy. Power.
W. H. Taipari, Hauraki.
2860F.
Received for Registration at 2 P.M 21 July, 1874.
M. HAMILTON,
(L.S.) Dep. Registrar.
A True Copy of Original Deed, Translation, and Endorsement.
H. HANSON TURTON. Wellington, January 8th, 1875.
1872.
29 November.
PIAKO DISTRICT.
TO, MOHONUI, AND TE HINA.
Plako Block. [19,500 acres.)
Mobonni Block. [2,580 acres.]
Te Hina Block. [500 acres.]
Receipt for £235.
Deeds—No. 402.
PIAKO, MOHONUI, AND TE HINA BLOCK, PIAKO DISTRICT.
Tula DEED executed this Twenty ninth day\_of November in the year of Our Lord Ono thousand eight hundred and seventy two Witnesseth that Whereas by a Deed bearing date the sixteenth day of November 1857 We for ourselves and descendants parted with and sold to Her Majesty Victoria Queen of England her heirs, the Kings and Queens who may succeed her and her or their assigns for ever A piece of land the boundaries whereof are set forth and described in the said deed and known as the Piako Block containing by admeasurement Nineteen thousand five hundred (19500) acres more or less And that by a deed bearing date Twenty third day of April 1860 We for ourselves and our descendants parted with and sold to Her Majesty Queen of England her the Kings and Queens who may succeed her and her or their assigns for ever a piece of land the boundaries whereof are set forth and described in the said Deed and known as the Mohonui Block containing by admeasurement Two thousand five hundred and eighty(2580) acres more or less And that by a deed bearing date fourteenth day of December 1857 We for ourselves and descendants parted with and sold to Her Majesty Victoria Queen of England her heirs the Kings and Queens who may succeed her and her or their assigns for ever a piece of land the boundaries whereof are set forth and described in the said deed and known as the Hina Block containing by admensurement five hundred (600) acres more or less. And that now a claim is set up by Tamihana Tukere of Taupo an aboriginal native of New Zealand to a piece of land called Patuiwi these several pieces of land being contained within the boundaries of the Piako block aforesaid—And that a claim is set up by Te Paea Ts Otatu of Taupo an aboriginal native of New Zealand to a piece of land called the Te Awapakiraha And that a claim is set up by Hemi Tahatika of Taupe an aboriginal native of New Zealand to a piece of land called Te Hohonga these several pieces of land being contained within the boundaries of the Mobonui block aforesaid And that a claim is now set up by Wikitoria Te Titihuia of Shortland an aboriginal native of New Zealand to Te Hina block aforesaid Now therefore We the undersigned natives for ourselves our relatives and our descendants have by signing this Deed under the shining sun of this day parted with sold and for ever transferred unto Victoria Queen of England her heirs the Kings and Queens who may succeed her and her or their assigns to hold for ever in consideration of the sum of two hundred A thirty five Pounds (£235.0.0) to us paid this day by Edward Walter Puckey Esquire Native Agent at The Thames—the receipt whereof is hereby acknowledged—in final extinction of the rights to us belonged over these lands All the right title and interest of us the undersigned to these lands That is to say the Piako block the Mohonui Block and Te Hina block aforementioned And in Testimony of our consent to all the conditions of this deed We have hereunto subscribed our names and marks.
tarapipipi. Wikitoria Titihuia x her mark.
haora Tipa Tamibana Tukere.
Nepia tokere. Mita Te Batu.
Wiremu Pastaki. Te Paea Te Otatu x her mark.
Tamati Tangiteruru. Hemi Tahatika.
![]() |
4.72 84 |
▲back to top |
561
PIAKO DISTRICT.
1872]
signed at Taupo in the Province of Auckland in the presence of—
Edwd. Hy. Power, Thames.
W. H. Taipari, Hauraki.
2868F.
Received for Registration at 2 P.M. 21 July, 1874.
M. HAMILTON,
Dep. Registrar.
A True Copy of Original Deed and Endorsement.
H. HANSON TURTON. Wellington, January 11th, 1875.
Deeds—No. 403.
WAEMARO BLOCK, PIAKO DISTRICT.
PIAKO, MOHONUI.
AND TE HINA
continued.
Registration.
1873.
7 December.
TENEI PUKAPUKA i tuhitubia i tenei whitu o nga ra o Tihems i te tan o to tatou Ariki 1872 he Pukapuka tino hoko tino hoatu tino tuku whakaoti atu na matou na nga Rangatira me nga Tangata o Ngatipaoa ratou nga ingoa e mau i raro nei a hei whakaatu tenei Pukapuka mo matou mo o matou whanaunga me o maton uri mo te tuhituhiuga o o matou ingoa ki tenei pukapuka raro i te ra e whiti nei kua whaka rerea rawatia kua tino tukuna rawatia atu ki a Wikitoria Kuini o Ingarani ki ona uri ki nga Kingi ki nga Kuini o muri iho i a ia me ana me a ratou e whakarite ai hei whakaritenga mo nga Pauna moni Kotahi rau kua utua mai ki a matou e Te Paki (E. W. Puckey) mo te Kuini (a e whakaaetis nei e matou te rironga mai o aua moni) ko taua wahi wheoua katoa kei Piako ko Waemaro te ingoa o taua wahi whenua rohe kei raro i te Pukapuka nei e mau ana te korero whakahaere ko te mapi hoki o taua whenua kus apititia ki tenei. Me ona rakau me ona kowhatu me ona wai me ona awa, nui me ona roto me ona awa ririki me nga mea katoa o taua whenua o runga ranei o raro ranei i te mata o taua whenua me o matou tikanga me o matou take me o matou paanga katoatanga ki taua wahi ; Kia mau tonu ki a Kuini Wikitoris ki ona uri ki ana ranei e whakarite ai hei tino mau tonu ake tonu atu. A hei tohu mo to matou whakaaetanga ki nga tikanga katoa o tenei Pukapuka kua tuhituhia nei o matou ingoa me o matou tohu. A hei tohu hoki mo te whakaaetanga o te Kuini o Ingarani mo tana wahi ki nga tikanga katoa o tenei Pukapuka kua tuhia nei te ingoa o Te Paki (E. W. Puckey) Kaiowhakarite Whenua. Ko nga rohe enei o taua whenua ka timata i Oterekanga i te awa o Piako ka haere i roto i taua awa a te ara toto waka ka baere i rungs i te run a Uira G. W. D. Hay, a Te Ngarara a te Umutaoroa kei reira ka whati ka maro atu a tae noa ki Purakau kua toe tenei ki Waitoa ka ahu whakararo i roto i taua Awa a Te Ripituna ka haere i rote i te Awa iti a Te Kahikatea ka puta ano ki Waiton ka haere i rote i taue awa a Tirikohua kei reira ka haere i uta maro tonu ki Oterekanga ki te timatanga o te rohe.
Ko nga tangats i kite i te boatutanga o nga moni me te tuhinga o nga ingoa—James S. Kirving.
W. H. Taipari, Hauraki.
Kua riro mai ki a matou i tenei ra t te whitu o nga ra o Tihema i te tau o to tatou Ariki Kotahi mano e waru rau whitu tekau ma rua (1872) nga Pauna moni kotahi rau (£100 .0 . 0). Ko te utu tenei kua whakahuatia ki te Pukapuka tuku e mau i runga ake nei kia utua mai ki a matou e Te Paki mo te Kuini.
HONE RANGAUNU. Nga Kai-titiro-
James S. Kirving.
W. H. Taipari. Hauraki.
TRANSLATION.
THIS DEED written on this seventh day of December in the year of our Lord 1872 is a full and final sale conveyance and surrender by us the Chiefs and People of the Tribe Ngatipaoa whose names are hereunto subscribed And Witnesseth that on behalf of ourselves our relatives and descendants we have by signing this Deed under the shining sun of this day parted with and for ever transferred unto Victoria Queen of England her Heirs the Kings and Queens who may succeed Her and Her and Their Assigns for ever in consideration of the sum of One hundred Pounds (£100 .0 . 0) to us
paid by Edward Walter Puckey Esqre on behalf of the Queen Victoria (and we hereby acknowledge the receipt of the said monies) all that piece of our Land situated at Piako and named Waemaro the boundaries whereof are set forth at the foot of this Deed and
a plan of which land is annexed thereto with its trees minerals waters rivers lakes streams and all appertaining to the said land or beneath the surface of the said land and all our right title claim and interest whatsoever thereon To Hold to Queen Victoria Her Heirs and Assigns as a lasting possession absolutely for ever and ever. And in testimony of our consent to all the conditions of this Deed we have hereunto subscribed our names and marks And in testimony of the consent of the Queen of England on her part to all the conditions of this Deed the name of Edward Walter Puckey Commissioner is hereunto subescribed. These are the boundaries of the Land commencing at Oterekanga
PIAKO DISTRICT.
WAEMARO.
Boundaries.
Receipt for £100.
1872.
7 December.
PIAKO DISTRICT
WAEMARO.
Boundaries.
![]() |
4.73 85 |
▲back to top |
PROVINCE OF AUCKLAND.
[1872
1846]
562
WAEMARO
continued.
Receipt for £100.
Registration.
on the Piako River thence by that river to Te Aro toto waka thence by a survey line to Te Ngarara a Te Umutaoroa, thence by a line direct to Purakau on the Waitoa River thence by that River to Te Ripituna thence by a creek to Te Kahikatea thence by the Waitoa River to Tirikohua thence by a line direct to Oterekanga to the place of commencement.
Witnesses to the payment and signatures—James S. Kirving.
W. H. Taipari, Hauraki.
Received this seventh day of December in the Year of Our Lord One thousand eight hundred and seventy two (1872) the Sum of One hundred Pounds sterling £100 . 0. 0) being the consideration money expressed in the above-written Deed to be paid by Edward Walter Puckey on behalf of Her Majesty the Queen to us.
HONE RANGAUNU.
Witnesses—
James S. Kirving.
W. H. Taipari, Hauraki.
2861F.
Received for Registration at 2 P.M., 21 July, 1874.
(L.S.) M. HAMILTON,
Dep. Registrar.
A True Copy of Original Deed, Declaration, and Endorsement.
H. HANSON TURTON.
Wellington, January 11th, 1875.
![]() |
4.74 86 |
▲back to top |
PROVINCE OF AUCKLAND,
[1867
462
PROVINCE OF AUCKLAND.
X.—HAURAKI DISTRICT.
1867.
27 July.
HAURAKI DIRTRICT.
KAUAERANGA.
Gold Fields Agreement.
Boundaries.
Terms of agreement.
Native Reserves.
Kauri trees to be bought.
Deeds—No. 357.
KAUAERANGA BLOCK (GOLD FIELDS AGREEMENT), HAURAKI DISTRICT.
Ko TENEI PUKAPUKA i tuhituhia kei Kauaeranga i te takiwa ki Hauraki i te Porowhini o Akarana i tenei rua tekau ma whitu (27) o nga ra o Hurae i te tau o to tatou Ariki Kotahi mano e waru rau e ono tekau ma whitu (1867) no Te Hoterene Taipari, no Wirope Hoterene Taipari, No Rapana Maunganoa, no Raika Whakarongotahi, Rangatira Maori no Hauraki tetahi taha, no Ta Hori Kerei Kawana o Nin Tireni tetahi taha he Pukapuka whakaatu mo te whakaaetanga o taua Hotereni Taipari, Wirope Hoterene Taipari, Rapana Maunganos, Raika Whakarongotahi mo ratou me a ratou uri kia tukua atu ki a Ta Hori Kerei, Kawana o Niu Tireni me nga Kawana i muri i a ia tetahi Piihi
whenua kei Kauaeranga i te takiwa ki Hauraki he whenua keringa koura i runga i te tikanga o te ture i huainatia "Te Ture mo nga whenua mahinga koura 1866," ko nga rohe o taua whenua ka timata i te moana i te ngutu awa o Kauaeranga haere tonu i taua awa ki te putahitanga o te awa o Kakaramata haere tonu i roto i te awa o Kakaramata tae noa te matapuna i te taukaka o te maunga haere tonu i taua taukaka ki te matapuna o te awa o te Hape a haere tonu ki te matapuna o te awa o te Karaka a haere tonu ki te matapuna o te awn o Waiotahi haere tonu ki te matapuna o te awa o Moanataiari a haere tonu ki te matapuna o te awa o Kuranui ka whati i kona ka haere tonu i taua awa tae noa te moana, haere tonu i te taha o te moana, ki te ngutuawa o Moanataiari ka ahu ki uta ka haere tonu ki te Akitutanga o te maunga ka whiti i te awa o Waiotahi haere tonu i te akitutanga o te maunga ki te kaka o Parareka ka ahu ki uta piki tonu i taua kaka tae noa ki Wai-e-whariki, ka rere i runga i te kaka a ahu ana ki te awa o te Karaka marere ki rote ki taua awa, ka whati i kona ka haere tonu i te awa o te Karaka tae noa to moana, ka haere tonu i te taha o te moana ki te wahi i timata ai i te ngutu-
awa o Kauaerangs, ka rite hoki ki te mapi kua apitia ki tenei pukapuka: a, ko nga tikanga enei mo te rironga o taua piihi whenua he whenua keringa koura kua tuhia i raro nei ; ara.
1. Ko nga whenua katoa ki roto ki aua rohe kua tuhia ki runga ake nei kua whakapuaretis he whenua keringa koura mo nga tangata katoa. Engari nga turanga whare mo nga tangata Maori me nga mara ngakinga kai ma ratou me nga urupa tupapaku kua kape ki waho o nga whenua keringa hours. A ka whskaritea he taone kei te turanga Kaipuke kei Kauaeranga ma nga tangata Maori uo ratou te whenua nga moni rete o aua whenua ana retia ki te tangats.
2, Ekore e tukua te tangata kia keri noa iho i te Koura i runga i taua piihi whenua katoa kua tuhia ki runga ake nei engari kia matua riro i a ia te Maina Raiti " katahi ka tika tona mahi keri koura, Ko te utu mo te " Maina Raiti " Kotahi pauna (£1) mo te tau kotahi.
Ma tetahi Apiha o te Kawanatanga e whakaputa nga "Maina Raiti " a ka whiwhi te tangata i te "Maina Raiti " ka whai mana ia ki te keri koura ki te banga whakamate wai, ki te keri awa rerenga wai, me te tapatapahi rakau, me te mahi hoki i nga mahi katoa e rite ana mo te keringa koura i roto i nga rohe o te whenua kua tuhia i runga ake nei. Engari nga rakau kauri" kua kape ki waho ekore e tika kia tapahia era; ka hiahia te tangata kia riro i a ia tetahi rakau " kauri " me whakaputs e ia nga moni kotahi pauna e rima herini (£1 .5. 0) hei utu mo te rakau kotahi, mo nga tangata Maori no ratou te whenua aua moni. Engari me tuku ki te Apiha o te Kawanatangs i te tuatahi.
Ko te whakaritenga tenei ki a Te Hoterene Taipari, ki a Wirope Hoterene Taipari, ki a Rapana Maunganos, ki a to Raika Whakarongotahi me a ratou uri, mo te rironga o taua piihi whenua i a Ta Hori Kerei Kawana o Niu Tireni me nga Kawana i muri i a ia he whenua keringa koura, kua whakasetia a Ta Hori Kerei mona me nga Kawana i muri i a ia kia whakaputaina ki a te Hoterene Taipari, ki a Wirope Hoterene Taipari, ki a Rapana Maunganoa ki a te Raika Whakarongotahi me a ratou uri kotahi pauna (£1) mo ia" Maina Raiti " kua oti te whakaputa ki ia tangata keri koura i roto i taua whenua, i ia tau i ia tau o te whakapumautanga o tenei pukapuka. Ko te timatanga o te tau tuatahi kei te tahi (1) o nga ra o Akuhata 1867, ko nga re whakaputanga moni kei te 81 o nga ra o Maehe kei te 80 o nga ra o Hune, kei te 81 o nga ra o Hepetema kei to 81 o nga ra o Tihema i ia tau i ia tau. Engari ki te haere ke te tangata kua whiwhi ki te "Maina Raiti" ki tetahi whenua ke mahi houra ai a kaore ano kia mutu noa te tau kua rite ki roto i taua "Maina Raiti " me whakaputa ki a Te Hoterene
![]() |
4.75 87 |
▲back to top |
1867] HAURAKI DISTRICT. 463
Taipari, ki a Wirope Hoterene Taipari, ki a Rapana Maunganoa, ki a te Raika Whakarongotahi me a ratou uri te wahi o te moni e rite ana ki te nohoanga o taua tangata ki runga, ki te whenua kua tuhia ki runga ake nei.
5. Ki a to Kawana te whakaaro mo nga tau e pumau ai te whenua ki a ia mo te mahinga koura. Engari ki te hiahia a te Kawana kia mute taua mahi, me matus whaka. atu e ia tona ko te takiwa hei whakaaturanga kaua e neke iho i te ono (6) marama.
A he tohu mo te whakaaetanga o te Hoterene Taipari, o Wirope Hoterene Taipari Rapana Maunganoa, me to Raika Whakarongotahi ki nga tikanga katoa o tenei pukapuka kua tuhia o ratou ingoa ki raro nei, a he tohu mo te whakaaetanga o te Kawana tona taha o ana tikanga katoa kua tuhia te ingoa o Raniera Porena (Daniel Pollen) ki raro nei i te ra me te tau kua tuhia ki rungs ake i te timatanga ano.
HOTERENE TAIPARI X his mark. RAPANA MAUNGANOA his x mark.
W. H. TAIPARI. RAIKA WHAKARONGOTAHI.
DANIEL POLLEN,
Agent Genl. Govt. Nga Kai titiro ki te tuhinga o nga ingoa—
James Mackay, Jr., Civil Commr., N.Z.
John Williams, Auckland.
KAUAERANGA
continued.
TRANSLATION.
THIS AGREEMENT made at Kauaerangs in the District of Hauraki in the Province of Auckland, this twenty seventh (27) day of July in the year of our Lord One thousand eight hundred and sixty seven (1867) by Te Hoterene Taipari, Wirope Hoterene Taipari. Rapana Maunganoa, and Te Raika Whakarongotahi of Hauraki, Native Chiefs of the one part and Sir George Grey K.C.B. Governor of New Zealand of the other part. Witnesseth the consent of the said Hoterene Taipari, Wirope Hoterene Taipari, Rapine Maunganoa, and Te Raika Whakarongotahi on behalf of themselves and their heirs to release (give over) to Sir George Grey K.C.B. Governor of Now Zealand and the Governors who may succeed him a certain piece of land at Kauaeranga in the District of Hauraki for gold mining purposes within the meaning of the statute intituled " The Gold Fields Act 1866." The boundaries of the said piece of land commencing on the sea coast at the mouth of the River Kauaeranga thence by that river to the junction of the Kakaramata stream thence by that stream to its source on the ridge of the hills thence along. the said ridge to the sources of the Hape Karaka, Waiotahi, Moanataiari and Kuranui streams, turning thence down the Kuranui stream to the sea coast, thence by the sea coast to the mouth of the Moanataiari stream thence inland to the base of the hills thence crossing the Waiotahi stream and by the base of the hills to the Parareka spur thence ascending the said spur to Waiowhariki, thence descending a spur to the Karaka stream, thence by that stream to the sea coast to the point of commence-ment at the mouth of the River Kauaeranga as the same are defined in the sketch map hereunto annexed. The following are the terms and conditions under which the said piece of land is given over for gold mining purposes viz.
1st. All lands included within the boundaries above described are open to all persons for gold mining excepting places occupied by Natives for residence or used for cultivation or for Burial grounds which are excluded from gold mining. Also if a township is laid off at the landing place near the River Kauaeranga, the Native owners of the said lauds shall receive the rents accruing from the same when leased.
No person will be permitted to mine for gold on the said above described lands unless he be the holder of a " Miner's Right " empowering him in that behalf. The payment for every such " Miner's Right " shall be the sum of one pound (£1) per annum.
" Miners' Rights " will be issued by an officer of the Government, any person being the holder of a Miner's Right will be entitled to mine for gold construct dams and water race., fell timber and do all other acts (or works) connected with (or appertaining to) gold mining operations within the boundaries of the land herein before described, excepting that the right to fell "Kauri" timber is reserved. Any person desiring to cut any " Kauri " timber must pay the sum of One pound Five shillings (£1. 5 .0) for each tree required by him, this money shall belong to the Native owners but to be paid to an officer of the Government in the first instance.
In consideration of To Hoterene Taipari, Wirope Hoterene Taipari, Rapana Maunganoa and Raika Whakarongotahi and their heirs giving over the said piece of land for gold mining purposes to Sir George Grey K.C.B. Governor of New Zealand and the Governors who shall summed him, Sir George Grey K.C.B. on behalf of himself and the Governors who shall succeed him hereby consents to give (or pay) to the said Hoterene Taipari, Wirope Hoterene Taipari, Rapana Maunganoa and Raika Whakarongotahi and their heirs the sum of One pound (£1)for each " Miner's Right" which shall be issued to any person for gold mining within the said block of land during each year of the continuance of this agreement. The first year to commence from the first day of August which shall be in the year 1867 the days for the payment (or division) of the money shall be the 31st day of March, the 30th day of June the 30th day of September aud the 31st day of December in each year. Provided that if any person being the holder of a " Miner's Right " shall remove to another Gold Wield (meaning on other lands outside the boundaries herein described) before completingthe twelve months for which such Miners' Rights shall have been issued there shall then be paid to the said Hoterene
1867.
27 July.
HAURAKI DISTRICT.
KAUAERANGA. Gold Fields A greemen t.
Boundaries.
Terms of agreement.
Native. Reserves.
Kauri trees to be bought.
![]() |
4.76 88 |
▲back to top |
464 PROVINCE OF AUCKLAND, [1867
KAUAERANGA
continued.
Registration.
Taipari Wirops Hoterene Taipari, Rapana Maunganoa and Raika Whakarongotahi and their heirs such portion of the money as shall be equivalent to the period for which such person shall have remained on the piece of land herein before described.
5. The duration of this agreement shall be for such term as the Governor shall require the land for gold mining purposes. Provided that if at any time the Governor shall desire to discontinue gold mining a previous notice of not less than six months of such intention shall be given.
In Witness of the consent of To Hoterene Taipari, Wirope Taipari, Rapana Maunganoa and Raiks Whakarongotahi to all the terms and conditions of this Agreement they have hereunto signed their names and in witness of the consent of the Governor on his part to all the conditions of the said agreement the name of Daniel Pollen is hereunto subscribed on the day and in the year first above written.
(Signed) HOTERAENE TAIPARI his x mark. (Signed) RAPANA MAUNGANOL, " WIROPE HOTERENE TAIPARI. his x mark.
,, RAIKA. WHAKARONGO.
TAHI.
DANIEL POLLEN,
Witness to the signatures of the names—
Agent Genl. Govt.
(Signed) James Mackay, Jr., Civil Commr. N.Z.
„ John Williams, Auckland.
1246D.
Received for Registration at 12.20 A.M. 5 May 1870.
(Ls.) M. HAMILTON,
Dep. Registrar. A True Copy of Original Agreement, Translation, and Endorsement.
Wellington, July 27th, 1875. H. H. TURTON.
1867.
9 November
HAURAKI DISTRICT.
MAMAKU NO. I.
Gold Fields Agreement with Ngatitamatora.
Boundaries.
Reserves.
Term. of surrender.
£500 deposit.
Deeds—No. 358.
MAMAKU No. 1 BLOCK (GOLD FIELDS AGREEMENT), HAURAKI DISTRICT.
Ko TENEI PUKAPUKA, i tuhituhia i tonei to iwa o nga ra o Nowema i te tau o to tatou Ariki, Kotahi mano e waru ran e ono tekau ma whitu (1867) he pukapuka whakaae na matou nga Rangatirs me nga tangata o Ngatitamatera mo matou me o matou uri kia tukua atu ki a Ta Hori Kerei Kawana o Niu Tireni me nga Kawana i muri i a ia o matou piihi whenua Katoa ka timata i te Mamaku haere tonu i to taha o te moana ki Moehau haere tonu i te taha o te moana ki Whitianga haero tonu i te rohe o nga whenua o Ngatihe me Ngatimaru ma ki te Mamaku ki te wahi i timata ai, ko enei whenua katoa he whenua mahinga koura mo te Kawana me ana i whakarite ai—ara ko o matou wahi katoa ki roto ki aua rohe kua puare he whenua mahinga koura, heoi nga piihi i kape ki waho ko nga whenua o etahi atu iwi, me nga kainga nohoanga ngakinga –kai ma matou me nga wahi tapu.
Na ko nga tikanga enei i rota i taua tukinga—ara,
1 Ekore e tika kia baere noa iho te tangata ki te keri koura i runga i aua whenua, ongari kia matua whiwhi ia ki te Maina Raiti katahi ka tike, ko te utu o te Mains Raiti kotahi, kotahi pauna (A 1) . Kua riro to Maina Raiti i te tangata ka whai mana ia ki te mahi i nga mahi katoa i huaianatia he mahings koura.
2 Me homai e te Kawana ki a maton kotahi pauns (£1) mo ia Mains Raiti mo ia Mains Raiti ana puta ki to tangata kuri koura ki runga ki to matou Piihi whenua. Ko nga ra utunga o aua moni ki a maton kei te 31 o nga ra o Maehe te 30 o nga ra o Hune to 30 o nga ra o Hepetema te 31 o nga ra o Tihema i ia tau o te whakapumantanga o tenei pukapuka. Engari ki te haere ke te tangata ki runga ki te whenua o tetahi iwi ke keri koura ai kaore ano kia mutu noa te tau i whakaritea ki roto ki tona Maina Raiti, i reira me whakaputa ki a matou nga moni e rite ana ki te roa o tons, nohoanga ki runga ki to maton whenua. A ki te haeremai te tangata kua whai Maina Raiti mo te whenua o tetahi iwi ke atu, me persa ano te tikanga hoki me wahi tetahi taha o te moni ki a matou taha ki a ratou.
3 Ko nga rakau Maori e hiahitis ana e te kai keri hours he wahie he rakau mahinga koura, me riro noa iho i a ia engari nga rakau kauri me utu ano ko te utu mo te kauri kotahi. Kotahi pauna e rima herini (£1. 5. 0).
4 Me whakapnta ki a maton e te Kawana E rima rau pauna inaianei he moni tannaha mo tenei whakaritenga engari ko aua moni me whakahoki atu ki a te Kawana ki roto ki nga moni o nga Maina Raiti ana puta mai ki a matou.
5 Ma te Kawana e whakarite nga kai ruri mo nga piihi whenua kua kapea ki waho, me nga roho ki etahi atu
A. he tohu mo to matou whakasetanga mo maton, o matou nri ki nga tikanga katoa o tenei pukapuka me tukunga o o matou piihi whenua katoa ki roto ki nga rohe kua tuhis ki runga ake nei, ki a te Kawana kia mahia nga maid katoa e huaina ana he mathinga koura, kua tuhia o maton ingoa ki raro nei, a he tohu hoki mo te whakaae-
![]() |
4.77 89 |
▲back to top |
1887] HAURAKI DISTRICT. 465
tanga o te Kawana kua tuhia te ingoa o Tiemi Make, Komihana ki raro o tenei MAMAKU No. I. pukapuka. continued.
Na Meha te Moananui. Paora Tupaea.
Na Honana Potiki Wahataiki. Kahukura.
Riria Karepe her mark x. Rapana Pahono his x mark.
Hata Paka. Arama Tarakawa his x mark.
Nepihana. Karaitiana.
Keremenita his x mark. Pita te Hiangi.
Hirawa. Matene Rutuhau.
Paratene. Te Tira.
Te Tahana. Poroa.
Pehimana. Eriatera his x mark.
Rakena. Herata her x mark.
Karauria. Hiimaera.
Paora Matutaera his x mark. Piniha his x mark.
Hera Putea her x mark.
JAMES MACKEY, Jr.,
Civil Commissioner, N.Z.
HOORI PARAONI.
Witness to the signatures of Meha te Moananui, Honana Patiki te Wahataiki, Riria Karepe, Hata Paka, Nepihana, Keremenita, Hirawa, Paratene, Te Tahana, Pehimana, Rakena, Karauria, Paora Matutaera, Hera Putea, Haora Tupaea, Kahukura, Rapana Pahono, Arama Tarakawa, Karaitiana, Pita te Hangi, Matene Rutuhau, Te Tira, Poroa, Eriatera, Herata, Hiimaera, Piniha and James Mackay.
James C. Boyd, Miner, Shortland. Alexander Gillan, Miner, Shortland.
Witness to the signature of Hori Paraone—
James C. Boyd, Miner, Shortland.
Alexander Gillan, Miner, Shortland.
TRANSLATION.
THIS AGREEMENT made this ninth day of November in the Year of our Lord One thousand eight hundred and sixty seven (1867), Witnesseth the consent of us the Chiefs and people of Ngatitamatera on behalf of ourselves and our heira to release (give over) to Sir George Grey Governor of New Zealand and the Governors who shall succeed him all our pieces commencing at Te Mamaku thence along the sea coast to Moehau (Cape Colville) thence by the sea coast to Whitianga (Mercury Bay) thence along the boundary of the lands belonging to Ngatihe and Ngatimaru to the point of commencement at Te Mamaku. The whole of the said pieces of land are given over for Gold Mining purposes for the Governor and his assigns that is all lands belonging to us within the said boundaries are open for gold mining excepting the pieces of land owned by other tribes and places occupied for residence or used for cultivation by us or for Burial grounds. The following are the terms and conditions under which the said lands are given over viz.
1 No person will be permitted to mine for gold on the said lands unless he be the holder of a " Miner's Right " the payment for such " Miner's Right " shall be one pound (£1). Any person being the holder of a " Miner's Right " shall be entitled to do all works (or acts) which are termed gold mining operations.
2 The Governor shall give (or pay) to us one pound (£l) for each "Miner's Right" which shall be issued to any person for mining on our piece of land. The days for the payment of such money to us shall be on the 81st day of March, the 80th day of June, the 80th day of September and the 81st day of December in each year of the continuance of this Agreement. Provided that if any person being the holder of a " Miner's Right " shall remove on to the land of another tribe and mine for gold before completing the year specified in his "Miner's Right" there shall then be paid to us such money as shall be equivalent to the period for which such person shall have remained on our land, and if any person being the holder of a " Miner a Right" to mine on land belonging to another tribe shall remove on to our land the same conditions shall be complied with, the money shall be divided between us and them (the other tribe).
3 Any person being the holder of a " Miner's Right " will be entitled to cut timber for firewood or for gold mining purposes excepting that Kauri timber shall be paid for. The payment for each tree required shall be one pound five shillings (£1 . 5 .0),
4 The Governor shall pay to us now the sum of Five hundred pounds as a deposit on this Agreement but the said money shall be refunded to the Governor out of the money arising from "Miners' Rights " when the same is paid to us.
5 The Governor shall pay the surveyors for surveying the pieces of land which are excepted and also the boundaries of the lands owned by other tribes.
1867.
9 November.
HAURAKI DISTRIOT.
MAMAKU NO. I.
Gold Fields
Agreement with
Ngatitamaters.
Boundaries.
Reserves.
Terms of surrender.
£500 deposit.
![]() |
4.78 90 |
▲back to top |
466 PROVINCE OF AUCKLAND, [186
MAMAKU NO. I.
continued.
In witness of our consent on behalf of ourselves and our heirs to all the term conditions of this agreement and the giving over of all our pieces of land the boundaries above described to the Governor to perform all works (or nets) are termed Gold Mining operations we have hereunto signed our names and in of the consent of the Governor the name of James Mackay, Jr., Civil Commission hereunto subscribed.
Registration.
Signed Meha te Moananui. Signed Paora Tupaea.
Honana Potiki Wahataiki. „ Kahukura.
Riria Karepe her x mark „ Rapana Pahono his x mark
Hata Nita. „ Arama Tarakawa his x mark
Nepihana. „ Karaitiana.
Keremenita his x mark. „ Pita te Hiangi.
Hirawa. „ Mateno Rutuhau.
" Paratene. „ Te Tira.
Te Tahana. „ Poroa.
Pehimana. „ Eriatera his x mark.
Rakena. „ Herata her x mark.
Karauria. „ Hiimaera.
„ Paora Matutaera his x mark. „ Piniha his x mark.
Hera Putea her x mark. JAMES MACKAY, Jr.,
Civil Commissioner, N.Z. (Sd.) HOORI PARAONK.
Witness to the signatures of Meha te Moananui, Honana Potiki Wahataiki, Riria Karepe, Hata Paka, Nepihana, Keremenita, Hirawa Paratene, Te Tahana, Pehimana, Rakena, Karauria, Paora, Matutaera, Kera Putea, Paora Tupaea, Kahukura, Rapana Pahono, Arama Tarakawa, Karaitiana, Pita te Hiangi, Matene Rutuhau, Te Tira, Poroa, Eriatera, Herata, Hiimaera, Piniha and James Mackay, Jr.
(Signed) James C. Boyd, Miner, Shortland. " Alexander Gillan, Miner, Shortland.
Witness to the signature of Hoori Paraone—
Signed James C. Boyd, Miner, Shortland.
„ Alexander Gillan, Miner, Shortland.
1247D,
Received for Registration 1: 21 a.m., 6 May, 1870.
M. HAMILTON,
Dep. Registrar. A True Copy of Original Deed, Translation, and Endorsement.
H. H. TURTON.
Wellington, July,27th, 1875.
1868.
9 March.
HAURAKI DISTRIOT.
MAMAKU NO. II.
Gold Mining Agreement.
Boundaries.
Terms of surrender.
Deeds—No. 359.
MAMAKU No. 2 BLOCK (GOLD MINING AGREEMENT), HAURAKI DISTRIOT.
Ko TENEI PUKAPUKA i tuhituhia, kei Kauaeranga i te takiwa ki Hauraki i te o Akarana i te Koroni o Niu Tireni i tenei te iwa o nga ra, o Maehe i te tau o to ta Ariki kotahi mano e waru rau e ono tekau ma waru (1868) no nga Rangatira me Tangata o Ngatimaru me Ngatiwhanaunga o Hauraki tetshi taha no Ta Hori Powene (Sir George Ferguaon Bowen) Kawana o Niu Tireni totahi taha He whakaatu mo te whakaaetanga o ratou katoa, ara o nga Rangatira me nga Tangat Ngatimaru me Ngatiwhanaunga mo ratou me a ratou uri kia tukua atu ki a Ta H Pakitini Powene (Sir George Ferguson Bowen) Kawana o Niu Tireni me nga i muri i a ia tetahi piihi whenua kei te takiwa ki Hauraki he whenua mahinga mana me ana i whakarite ai i runga i te tikanga o te ture i huiana " To Ture mo whenua makings koura, 1868" ko nga rohe o taua whenua ka timata i te Mamaku i tahataha moana o Hauraki baere tonu whaka te marangai i te rohe o nga whenue Ngatitamatera tae noa ki te pae maunga tauarai o te tai hauauru me te tai marangai whati i kona ka ahu whaka te tonga haere tonu i runga i te pae maunga tauarai o te hauauru me te tai marangai tae noa te matapuna o te awa o Omahu, ka whati i ka shu whaka te hauauru haere tonu i roto i te awa o Omaha tae noa te rohe o whenua kua whakatapua he whenua nohoanga ngakinga kai ma nga tangata Maori whati i kona ka ahu whaka te hauraro haere tonu i taua rohe tae noa Kakarima haere tonu ki te awa keri haere tonu i taua awa keri ki te awa o Waiwhakaurun haore tonu i taua awa ki te moana haere tonu i te tahataha moana o Hauraki the noa te wahi i timata ai i te Mamaku kua rite hoki ki te mapi kua apititia ki tenei
A ko nga tikanga enei kua tuhia i raro nei mo te rironga o taua piihi whenua mahinga koura—ara.
![]() |
4.79 91 |
▲back to top |
1868] HAURAKI DISTRICT. 467
MAMAKU No. II.
continued.
Native Reserves.
Shortland and other townships reserved.
1 Ko nga whenua katoa ki roto ki aua rohe kua tuhia ki runga ake kua whakapuaretia he whenua mahinga koura mo nga tangata katoa, engari nga turanga whare mo nga tangata Maori me nga mara ngakinga kai ma ratou, mo nga urupa tupapaku ki roto ki aua rohe kua tuhia ki runga ake nei kua kape ki waho o nga whenua mahinga koura. Ko Hoterene Taone (Shortland Town) me etahi atu taone ana whakaturia ki roto ki aua rohe me waiho mo nga tangata Maori ko te waihotanga tenei ma te Kawanatanga o roti aua taone ka hiahia te tangata ki te reti i te piihi whenua ki roto ki aua taone ma te Kawanatanga o whakarite te utu engari ko nga moni reti o aua taone me whakaputa e te Kawanatanga ki nga tangata Maori no ratou te whenua, ko nga ra whakaputanga mo aun moni me penei me nga ra e tukunga mo nga moni o nga Maina Raiti (Miners' Rights) kua tuhia ki raro nei.
2 Ekore e tukua te tangata kia keri kia mahi noa iho i te koura i runga i taua piihi whenua kua tuhia ki runga ake nei engari kia matua riro i a ia te Maina Raiti (Miners' Right) mo taua whenua katahi ka tika tona, mahinga koura. Ko te utu mo te Maina Raiti (Miner's Right) kotahi Kotahi Pauna mo te tau kotahi.
3 Ma tutahi Apiha o te Kawanatanga e whakaputa nga Maina Raiti (Miners' Rights) ki nga tangata, a ka te tangata i te Maina Raiti (Miner's Right) ka whai mana ia ki te keri koura, ki te hanga whakamate wai, ki te kcri i nga awa, rerenga wai, ki te tapatapahi rakau Maori mo nga mahinga koura, mo te wahie, me te mahi i nga
mahi katoa me nga men katon c rite ana mo te mahinga koura ki runga nga wahi kua
puare i roto i rohe u te whenua hue tuhia ki runga ake nei. Engari nga rakau
kauri Kua kape ki waho ekore e tika kia tapahia era, ki te hiahia te tangata kia riro i a ia tetahi rakau kauri me whakaputa e in nga moni kotahi pauna E rima herini (£1 - 5 - 0) hei utu mo te rakau kotahi. Ekore hoki e tukua atu tetahi tangata ki te tapatapahi i nga rakau Maori he wahie he taiepa aha ranei e hoko mana ki etahi atu tangata engari ki te hiahia te tangata ki te mahi pera me matua whakarite ia tetahi Mania Raiti (Miner's Right) me tetahi Raihana Mahinga Rakau (Timber License) kia whai mana ia
ki te mahi i aua mahi. Ko te utu mo te Raihaua Mahinga Rakau (Timber License) E rima pauna (£5) mo te tau kotahi. Ma nga tangata Maori no ratou te whenua i nga rakau nga moni utu mo aua Raihana Mahiuga Rakau (Timber License) me te utu hoki mo nga rakau kauri ko aua moni mc tuku ki tetahi Apiha o te Kawanatauga i te tuatahi a mana hoki c tuku ki nga tangata Maori no ratou tc whenua, ko nga ra whakaputanga mo aua moni me penai me nga ra e tukunga mo nga moni o nga Maina Raiti (Miners' Rights) kua tuhia ki rare nei.
4 Ko te whakaritenga tenei ki Rangatira me nga Tangata o Ngatimaru me Ngatiwhanaunga o Hauraki me o ratou uri mo te rironga o taua piihi whenua katoa i a Ta, Hori Pakitini Powene (Sir George Ferguson Bowen) Kawana o Niu Tireni me nga Kawana i muri i a ia he whenua mahinga koura ma ratou me a ratou i whakarite ai kua whakaaetia a Ta Hori Pakitini Powene (Sir George Ferguson Bowen) Kawana o Nin Tireni mona me nga Kawana i muri i a in kia whakaputaina ki aua Rangatira me aua Tangata o Ngatimaru me Ngatiwhanaunga o Hauraki me a ratou uri Kotahi Pauna (£1) mo ia Maina Raiti (Miner's Right) kua oti te whakaputa ki ia tangata mahi koura tapatapahi rakau renei i rote i nga rohe o taua whenua i ia tau i ia tau o te whakapumautanga o tenei pukapuka. Ko te timatanga o te tau tuatabi kei te tahi o nga ra o Hanuere kua pahemo nei i tenei tau (1868) ko nga ra, whakaputanga moni kei te 31 o uga ra o Maehe, te 30 o nga ra o Hune, te 30 o nga ra o Heptema, te
31 o nga ra o Tihema i ia tau i ia tau.
5 Engari kua wahia taua whenua kua tuhia ki runga ake nei kia iwa nga takiwa ko nga ingoa euei, ko te Wharau, ko Whakatete, ko Tararu, ko te Karaka, ko Otunui, ko Whakairi, ko Te Kirikiri, ko Warahoe, ko Te Puriri, ko te mahi koura ki te tapatapahi rakau e te tangata i totahi o aua takiwa me tuhi te ingoa o taua takiwa ki roto ki te Maina Raiti (Miner's Right) o taua tangata me te ra hoki i timata ai tona mahi i taua takiwa a ki te haere ke atu tuna tangata ki tetahi takiwa, ki te whenua ranei o tetahi iwi ke atu mahi ai, kaore ano kia mutu nos te tau kua whakaritea ki roto ki tona Maina Raiti (Miner's Right) i reira me whakahoki atu e taua tangata i tona Maina Raiti (Miner's Right) ki te Apiha whakaputa pera, kia tuhituhia te ra me te marama o tona haerenga ki taua takiwa ke whenua o tetahi iwi ke ranei. Konga moni o nga Maina Raiti pora me whakarite mariri (i nga ra whakaputanga moni) ki te wahi o te moni e rite ana ki te roa o te nohoanga o taua tangata i tena takiwa i tena takiwa i te whenua o te iwi, Ke ranei, ko nga moni o uga Maina Raiti (Miners' Rights) o te whenua katoa me tuwha ki nga tangata o tetahi takiwa o tetahi takiwa kia rite ano ki te nui o nga kai mahi koura i aua takiwa.
6 Ki a Ta Hori Pakitini Powene (Sir George Ferguson Bowen) Kawana o Niu Tireni me nga Kawana i muri i a ia te whakaaro mo nga tau e pumau ai ki a ia ki a ratou ranei te whenua kua tuhia ki runga ake nei mo te mahinga koura. Engari ki te hiahia a Ta Hori Pakitini Powene, Kawana o Niu Tireni me nga Kawana i muri i a ia kia mutu te mailings koura i taua whenua ki tetahi taha, ranei o taua whenua me matua whakaatu taua hiahia ke te takiwa hei whakaaturanga kaua e neke iho i te ono marama.
A he tohu mo te whakaaetanga o nga Rangatira me nga Tangata o Ngatimaru me Ngatiwhanaunga o Hauraki ki nga tikanga katoa o tenei pukapuka kua tuhia o ratou ingoa i raro nei. A he tohu me te whakaautanga o Ta Hori Pakitini Powene (Sir George Ferguson Bowen) ki tona taha o aua tikanga katoa kua tuhia te ingoa o Tiemi Maki (James Mackay, Junr.) Komihana ki raro nei i te ra me te tan kua tuhia ki runga ake i te timatanga ano.
Miner's Right, £1.
Knuri trees te be purchased, £1 . 5 each.
Timber License, £5.
Divisions of district.
![]() |
4.80 92 |
▲back to top |
468 PROVINCE OF AUCKLAND, [1868
MAMAKU NO.II. continued.
1868.
9 Marol..
HAURAKI DISTRICT
MAMAKU No. II. Gold Mining Agreement.
Boundaries.
Riwai Kiore his x mark. Ruts Rarokuihi her x mark. Aperahama te Reiroa his x Wiremu Karaka.
mark. Turuhira Poha her x mark.
Karauria. Rapana Maunganoa his x mark.
Te Karauna. Rangipika her x mark. Hoani te Hiwiaukura x his Te Pukeroa his x mark.
mark. John Toa.
Te Uirama his x mark. Piniha Whakakai.
Hera Paremata iti her x mark. Emere Parawhakarorangi her x Porokoru te Whita his x mark. mark.
Mata Paraone Paea her x mark. Mereana Roweti her x mark.
Pirika Riroa. Wiremu te Manuatu.
Purewa her x mark. Matena Ruta his x mark.
Watana Tuma Herata Waaka her x mark.
Na Tautoru Tawa. Hakipone te Moana.
Aporo te Riha his x mark, Hohepa Ton.
Whareoneone his x mark. Piniha Marutuahu his x mark.
Hemi Takapuaia his x mark. Na Ngakapa Whanaunga.
Tamairipo his x mark. Tanewha Kitahi his x mark.
Nikorima te Kiore. Nepia te Karamehi his x mark.
Timo his x mark. Tu Karamaine his x mark.
Na Ngarama. Reihana Poto, Hirini Ngapapaka a his mark. Hone Ropiha.
Paranihia x her mark. Raihana his x mark.
Mango. Hera Tiki her x mark, Wikiriwhi te Haro x his mark. Tema Takitana her x mark.
Rupene. Marie Muhau her x mark. Wharaki te Matapihi x his Mere Rawiri her x mark.
mark. Patene Raukura.
Na Parata te Mapu. Tiepa her x mark.
Ihaka Tarawhati his x mark. Kataraina Rangitapapa her x
Hawira. mark.
Raike. Mere Matenga her x mark.
Wata. Te Matenga Ngaupara his x
W. H. Taipari. mark.
Hoterene Taipari his x mark. Paraone Pokuru his x mark.
Meremana Konui. Hemi Ahipu.
Ko Karewa. Epanaia his x mark.
Kapihana to Tuhi. Ngahuia Kahuwaero her x mark.
Hoani Nahe. Paikaraihi his x mark.
Patara Pake his x mark. Mere Paea her x mark. Ko Te Koki.
JAMES MACKAY, Junr., Civil Commr.
Witness to the first fifty four signatures—
John C. Young, Clerk of the Resident Magistrate's Court.
D. M. Beere, C.E., Shortland.
Witness to the last twenty three signatures and that of James Mackay, Junr, — A. H. Eyre, Acting Clerk, Civil Commr. Office, Auckland.
Tirarua Paraitia, Native Policeman, Shortland.
TAMATI W AKA
Witness to the signature of Tamati Waka—. A. H. Eyre.
ERUERA TE NGAHUE.
Witness to the signature of Eruera te NgahueAlex. Hogg, Land Agent, Shortland.
MATIU RAPANA.
Witness to the signature of Matiu Rapaua—
J. W. Preece, Licensed Interpreter, Auckland.
TRANSLATION.
THIS AGREEMENTS made at Kauaeranga in the district of Hauraki in the Province of Auckland in the Colony of New Zealand this ninth day of March in the year of Our Lord one thousand eight hundred and sixty eight (1868) by the Chiefs and people of Ngatimaru and Ngatiwhanaunga of Hauraki on the one part and Sir George Ferguson Bowen Governor of New Zealand on the other part. Witnesseth the consent of all of them, that is of the Chiefs and People of Ngatimaru and Ngatiwhanaunga on behalf of themselves and their heirs to release (give over) to Sir George Ferguson Bowen Governor of New Zealand and the Governors who may succeed him, a certain piece of land in the district of Hauraki for gold mining purposes for himself anu his assigned within the meaning of the.statute intituled " The Gold Fields Act 1866 " the boundaries of the said, land commence at Te Mamaku on the sea coast of Hauraki, thence continuing towards the East along the boundary of the lands of Ngatitauatera to the hills forming the watershed of the West and East Coasts, thence turning towards the south and continuing along the summit of the said watershed range of the West and
![]() |
4.81 93 |
▲back to top |
186S] HAURAKI DISTRICT. 4
East Coasts to the source of the Omahu stream, turning thence towards the West down' MANIAKU 110• the bed of the Omahu stream to the boundary of the land reserved for Native occupa- continued. tiou and cultivation, turning thence towards the north and proceeding along the said boundary to Kakarimata, thence ton ditch, th,: lice by that ditch to the Waiwhakaurunga stream, thence by the said stream to the sea thence along the sea coast of Hauraki to the point of commencement at To M'amaku, as the same are defined in the sketch map
hereunto annexed. The following aro the terms and conditions under which the said Terme of surrend, piece of land is given over for gold mining purposes, 'viz.—
I. All lands included within the said above described boundaries are open to all
persons for gold mining excepting places occupied by Natives for residence or used by Native Reserves. them fey cultivation or for burial grounds within the above described boundaries which
are excluded from the lands for gold mining. Shortland'Townand any ether towns Bbortland and ott which may be formed within the said boundaries shall be left for the Natives, the townships reserve leaving is this, The Government shall lease the said towns (shall act as lessors). If any person desire to lease a piece of land within any of the said towns, the Government shall fix the amount of rent for such piece of land. The rents accruing from the said towns shall he paid by the Government to the Native owners of the land, the days for the payment of the said money (rents) shall he the same as the days for the payment of the Miners' Rights fees hereinafter specified.
2 No person shall he permitted to mine for gold on the above described piece of land unless he be the holder of a Miner's Right for that land empowering him in
that behalf. The payment for every such Miner's Right shall be One pound -(Z1) per Miner's Rigbt. £1 annum.
3 Miners' Rights shall be issued by an Officer of the Government. Any person being the holder of a Miner's Right shall be entitled to mine for gold construct dams and water races, fell timber for gold mining purposes and firewood and do all other acts (or works) connected with (or appertaining to) gold mining operations on places open (not reserved). Excepting that the right to fell kauri timber is reserved. Any person desir-
ing to cut any kauri timber must pay the sum of one pound five shillings (R1 - 53 • 0) for Kauri trues to be each tree required by him. No person will be permitted to cut ordinary timber for fire-
bought sac
, ei . 5
wood, fencing or for any other purpose for sale to any other person. Any person desiring to cut timber for those purposes must first procure a Miner s Right and Timber License empowering him in that behalf. The payment for every such Timber License shall be
Five Pounds (Z5) per annum. The money derived from such timber Licenses and from Timber License, the sale of such Kauri timber shall belong to the Native owners of the land on which the timber is situate, this money shall in the first instance be paid to an officer of the Govern. went and mlirt!I be paid by him to the Natives to whom the land belongs, the days for the payment of the said money shall be the same as the days for the payment of the Miner's Right fees hereinafter specified.
4 In consideration of .the Chiefs and People of Ngatimaru and Ngatiwhanaunga of Hauraki and their heirs giving over the whole of the said piece of land to Sir George Ferguson l3owcn Governor of New Zealand and the Governors who shall succeed him for gold mining purposes for themselves and their assigns, Sir George Ferguson Bowen Governor of New Zealand on behalf of himself and the Governors who shall succeed him hereby consents to pay to the said Chiefs and People of Ngatimaru and Ngatiwbannunga of llauraki and their 'heirs the sum of one pound (Z1) for each Miner's Right which shall be issued to any person for gold mining or for cutting timber within the boundaries of the said land during each year of the continuance of this agreement. Tho first year to commence from the first day of January last past in the present year (1SGS) Tito days for the payment of the money shall be the 31st day of March, the 30th day of June, the 30th day of September, and the 31st day of December in each year.
5 That the piece of land above described is divided into wino blocks the names of Divisions of aistri which are Te Wharau, Whakateto, Tararu, To Karaka, Otunui, Whakairi, Te Kirikiri, Warahoe and Te Puriri. Any person mining for gold or cutting timber within any of the said blocks shall have the name of such block written iu his Miner's 'Right with the (late of his commencing the occupation thereof. If such person shall remove to another black or to the land belonging to another tribe before the expiration of the twelve months for which his Miner's 'Right shall have been issued the sand person shall return his Miner's Right to the officer whose duty it is to issue such, in order that the day and month of his removalito such other block or to land belonging to another tribe may be inserted therein The moneys for such transferred Miners' Rights shall be fairly apportioned (on the days for the payment of money) according to the period for which such person shall have remained on any such block or on the lands belonging to another tribe The money arising from Miners''Rights for the whole of the land shall be divided among the owners of the several!blocke in proportion to the number of persons mining for gold within tha said blocks.
6 The duration of this agreement shall be for such term as Sir George Ferguson Bowen Governor of New Zealand and the Governors who shall succeed him shall require the above described piece of land for gold mining purposes. Provided always that if at any time Sir George Ferguson Bowen Governor of New Zealand and the Governors who shall succeed him shall desire to terminate gold mining on the said land or any portion thereof, not less than six months' notice of such intention shall first he given.
In witness of the consent of the Chiefs and People of Ngatimaru and Ngatiwhanatinga of Hauraki to all the terms and conditions of this agreement, they have hereunto signed their names, and in witness of the consent of Sir George 'Ferguson
60
![]() |
4.82 94 |
▲back to top |
![]() |
4.83 95 |
▲back to top |
PROVINCE OF AUCKLAND, [1868–69
MAMAKU No.II. continued.
Registration.
Bowen on his part to all the said terms and conditions the name of James Mackay the younger, Civil Commissioner, is horounto subscribed on the day and in the year first above written.
(Sd.) RIWAI KIORE, his x mark. KARAURIA.
APERAHAMA. TE REWIA, his x TE KARAUNA.
mark. And 75 others.
1249n.
Received for Registration at 11.23 a.m., 5 May, 1870.
(L.S.) M. HAMILTON,
Dep. Registrar.
A. True Copy of Original Agreement, Translation, and Endorsements.
H. HANSON TURTON. Wellington, July 31st, 1875.
1869.
17 April.
HAURAKI DISTRICT.
TE HAPE. Gold Mining Agreement.
Boundaries.
Terms of surrender.
Deeds—No. 360.
TE HAPE BLOCK (GOLD MINING AGREEMENT), KAUAERANGA, HAURAKI DISTRICT.
Ko TENEI PUKAPUKA i tuhituhia i tenei te 17 o nga ra o Aperira i te tau o to tatou Ariki kotahi mano e waru ran e ono to kau ma iwa (1869) no nga Rangatira o Ngatimaru kua tuhia o ratou ingoa ki raro tetahi taha no Ta Hori Pakitini Powene (Sir George Ferguson Bowen) Kawana o Niu Tireui tetahi taha He Pukapuka whakaatu mo te whakaaetanga o ratou ara o nga Rangatira kua tuhia o ratou ingoa ki raro nei mo ratou me o ratou uri kia tukua atu ki a Ta Hori Pakitini Powene (Sir George Ferguson Bowen) Kawana o Niu Tireni mo nga Kawana i muri i a ia tetahi piihi whenua kei te takiwa, ki Hauraki ho whenua mabinga koura mana me aua i whakarito ai i runga i te tikanga o te ture i hunina "Te ture mo nga whenua mahinga koura 1866" me " te ture whakahau i etahi tikanga mo nga whenua mahinga koura 1868 " ko nga rohe o taua whenua ka timata i te ngutuawa o te Hape kei Kauaeramga, haero tonu i te awa o Waiwhakaurunga i te mutunga tai timu ki te ngutuawa tai timu i nga taitni nunui, haere tonu i te mutunga tai timu ki tetahi pou o tu ana i te taha o te moana haere maro tonu i reira ahu tonu ki te marangai ki te awa o te Karaka i to mutunga tai pari, haere tonu i te mutunga, tai pari, i te tahataha moana tao noa ki te wahi i timata ai i te kongutuawa o te Hape kua rite hoki ki te mapi kua apititia ki tenei pukapuka na ko nga tikanga enei mo te rironga o taua piihi whenua he whenua mahinga koura—ara
Ko nga tikanga katoa kua tuhituhia ki te pukapuka tukunga koura i tuhia ki Hauraki i te iwa o nga ra o Maehe 1868 no nga Rangatira o Ngatimarir Ngatiwhanaunga tetahi taha no Ta Hori Pakitini Powene (Sir George Ferguson Bowen) Kawaua a Niu Tireni tetahi taha, mo whakarite mo taua piihi whenua (The number of that document as per duty stamp being 512 and the said stamp being defaced 17 March 1869) ara, Ko nga tikanga mo te mahinga koura, mo te whakaritenga utu ki a matou
mo nga tikanga katoa, me penei tonu me nga tikanga kua oti te tuhituhi i taua pukapuka.
A he tohu mo te whakaaetanga o matou nga Rangatira kua tuhia o matou ingoa raro nei ki nga tikanga katoa o tenei pukapuka a hei tohu mo te whakaaetanga o Ta Hori Pakitini Powene (Sir George Ferguson Bowen) mona me nga Kawana i muri i a ia ki tona taha o tenei Pukapuka me nga tikanga katoa kua tuhia ki rungs ake nei, kua tuhia o ratou ingoa me te ingoa o Tiemi Make (James Mackay, junr) Komihaua ki raro nei mo te Kawana i te ra me te tau kua tuhia ki runga ake i te timatango ano.
Na W. H. TAIPARI
HOTERENE tona x tohu TAIPARI. MEREMANA KONUI
Signed by me on behalf of the Governor.
JAMES MACKAY, Junr.,
Civil Commr. Signed in the presence of us—
John Thorpe, Builder, Shortland.
Lambert Wm. Loveday. Clerk, Shortland.
1869
17 April.
HAURAKI DISTRICT,
TE HAPE.. Gold Mining Agreement.
Boundaries.
TRANSLATION.
THIS AGREEMENT written on this seventeenth day of April in the year of Our Lord one
thousand eight hundred and sixty nine, Between the chiefs of the tribe Ngatimaru the
names of whom and underwritten on the One part and Sir George Ferguson Bowen
Governor of Now Zealand on the other part Witnesseth the consent of the Chiefs the
names of whom are underwritten for themselves and their heirs to demise te Sir George
Ferguson Bowen and the Governors who shall succeed him a curtain piece of land
situated in the district of Hauraki for gold mining purposes for himself and his assigns
within the meaning of the Gold Fields Act 1866 and tho Gold Fields Act (Native
Lands) 1868, the boundaries of that piece of land commence at the mouth of the Hape
stream at Kauaeranga thence by low-water mark of the river Waiwhakaurunga to the
mouth of that River at low water spring tides thence by low water mark to a post
standing at the sea side (at low water) thence in a straight line in an Easterly direction
![]() |
4.84 96 |
▲back to top |
1857–67] THAMES DISTRICT. 533
AOTUNGAIO
continued.
land with its trees, minerals, waters, lakes, streams, good places and bad, plains, forests, and all appertaining to the said land above the surface of the land or beneath the surface of the land and all the right, title, interest, claim and demand whatsoever of us and each of us hereunto subscribed to the said land. Now we have for ever given up and wept over bidden farewell to and transferred under the shining sun of this day that land which descended to us from our forefathers the boundaries whereof have been above recited and the plan whereof is attached to this Deed as a lasting possession to the Queen and Her assigns absolutely for ever. And in testimony of our consent to all contained in this Deed we affix our signatures and our marks—and in testimony of the consent of Geo. W. Drummond Hay Esqre on behalf of the Queen to all contained in this Deed. he also signs his name—
District Commissioner. TIPA. TAKURUA x his mark.
MAUTARA TR NGARARA x his mark. WIRKMU TR PAORO.
Signed in the presence of these witnesses
George Friend, Accountant.
Henry Monro, Interpreter.
James Fulloon.
TUKUKINO.
WAKAREHU.
PITA.
We have received this twenty fourth (24) day of November in the year of our Lord Receipt for £20, Ono thousand eight hundred and, fifty seven 1857, the sum of Twenty Pounds £20 being final payment. the sum which was agreed in the preceding Deed of Salo should be paid to us by Geo. W. Drummond Hay Esqre.
(Signed) TIPA TAKURUA x his mark. MAUTARA TE NOARARA X his mark.
WIREMU.
Signed in presence of—
George Friend.
Henry Monro.
James Fulloon.
True Translation.
GEO, W. DRUMMOND HAY,
Dist. Commissioner.
A True Copy of Original Deed and Translation.
H. HANSON TURTON.
Wellington, January 12th, 1875.
1867.
13 November.
THAMES DISTRICT,
HIKUTAIA - No. I. Receipt for £100
deposit. Boundaries.
Deeds—No. 386.
HIKUTATA (No. 1) GOLD MINING BLOCK, THAMES DISTRICT.
KUA RIRO mai i a matou i tenei ra te tekan ma toru o nga ra o Noma 1867 nga moni o to Kawanatangn, Kotabi rau pauna he moni taunaha i runga i nga whenua o to matou iwi o Ngatiwhanaunga o Ngatinaunau i timata i Hikutaia haore tonu ki te matapuna o taua awa haere tonu ki Whangamata haere tonu i te tahataha moane ki Moehau haere tonu i te tahataha moana ki te awa o Waihou haere tonu ki rote ki taua awa tae noa te wahi i timata ai i te putahitanga o te awa o Hikutaia kua tukun atu ki a te Kawana he wheuua mahinga koura (haunga nga piihi o etahi atu iwi ki roto ki aua rohe kua kape ens ki waho) No ko aua moni me whakarite marie ki roto ki nga moni o nga Maina Raita ana puta mai ki roto ki aua whenua.
TE MIHARA PAHAU. TE RETIU. NA NOAKAPA WHANAUNGA. TUTTEREI. KAPIHANA TE TURI.
Witness to signatures and payment:—
D. M. Boere, Civil Engineer, Auckland.
TRANSLATION.
RECEIVED by us this thirteenth day of November 1867 the money of the Government, One hundred pounds being a deposit on the lands of our tribes of Ngatiwhanaunga and Ngatimaru, commencing at Hikutaia thence to the source of that stream, thence to Whangamata thence by the sea coast to Moehau (Cape Colville) thence continuing along the sea coast to Waihou (River Thames) thence up that River to the point of commencement at the junction of the Hikutaia stream. The same are given over to the Governor for gold mining purposes (excepting pieces of land owned by other tribes within the said boundaries) The said money shall be deducted from money hereafter arising from Minors' Rights issued for the said lands.
(Signed) TE MIHARA PAHAU (Signed) TE RETIU.
NGAKPA. WRHANAUNGA.
KAPIHANA TE TURI.
Witness to signatures and payment—
(Signed) D. M. Beere, Civil Engineer, Auckland.
68
1887.
18 November.
THAMES DISTRICT. HIKUTAIA - NO. I.
Receipt for £100 deposit.
Boundaries.
![]() |
4.85 97 |
▲back to top |
534 PROVINCE OF AUCKLAND, [1867-68
HIKUTAIA No.I.
continued.
Registration.
1868.
19 December.
THAMES. DISTRICT. OHINEMURI.
Gold Field. Agreement.
1248D.
Received for Registration 11.22 A.M., 6 May, 1870.
(L.S.) M. HAMILTON,
Dep. Registrar. A True Copy of Original Receipt, Translation, and Endorsement.
H. HANSON TURTON. Wellington, July 27th, 1875.
Deeds—No. 387.
OHINEMURI BLOCK (GOLD FIELDS AGREEMENT), THAMES DISTRICT.
Ko MATOU nga tangata o Ngatitamatera kua oti nei o matou ingoa te tuhi i raro o tenei pukapuka, e tino whakaae ana kia tuku atu ki a Ta Hori Pakitini Powene (Sir George Ferguson Bowen) Kawana o Niu Tireni o matou piihi whenua katoa kei Ohinemuri he whenua mahinga koura mo taua Kawana me ana i whakarite ai, mo nga Kawana i muri i a ia me a ratou i whakarite Ko nga tikanga mo aua whenua kua tukua atu nei me penei me nga tikanga mo nga whenua mahinga koura kei Hauraki. Ko nga rohe mo ata whakahaere a tetahi wa e haere ake na.
He mea tuhituhi na matou ki Pukatea-wainui kei Ohinemuri i tenei te tekau nga iwa o nga ra o Tihema 1868.
Rapata te Wikiriwhi te Hautanga. Pereniki Tekokako x his mark. Ngatai.
Pokai rikipaka.
Pukepoto Pokai x his mark. Hoani Mataia.
Timotiu.
Epiha te koiwi,
weta hatara.
Remehia,
Wiremu Koroneho.
te harawira Reweti.
Ko Hoera te
timi wha tai whakaea.
Renata tamati.
Hira Wani.
te Kemara tiraruatine.
Potae x his mark.
Mira te Mimibia x his mark. Tereiti te Aorere x his mark. Erana Kohiko x her mark. Rihi te Ao x her mark. Paraone te Maupu x his mark. Watana Taiwhakaia x his mark. Hokamohi x his mark.
Tupeka te Whakamau x his mark.
Hariata Paripumate Turner x his mark.
Te Rira x his mark.
Ruiha Kemara x her mark. Miriama Kaurapa x her mark. Rihi Arawira x her marks. Harawira Kaitara x his mark. Matenga Paraone x his mark. pakara ngaroma.
Paora.
Ereatara te ngaru nui.
to Kepa Raharuhi.
Hapi Rewi.
Poihipi Hohua.
te Pirihi te thinga.
Haira te Puihi.
Mareana tauraro x her mark. Timara x her mark.
Mete Pokihi x her mark. Timoti Huia.
Pita te Heihei x his mark. Reupena te Pia x his mark. Topi te Kahuwhara. Tuainuku x his mark.
Te Puke x his mark.
Taraia Ngakuti x his mark. Kiritiana Tamihana.
Hemi Tamihana.
Matene Kata x his mark. Erueti Toanui x his mark. Aperahama Tupou x his mark. Ngakuku x his mark.
Tini Poaka x his mark. honana.
Note te Mr. John Thorp
Note te Mr. James Mackay.
Consent of Tania.
Witness te signatures—
C. T. F. B. de Thierry.
Kua whakaae ano shau ki nga tikanga katoa o tenei pukapuka mo te taha ki a te Kawana. JAMES MACKAY, Jr., Civil Commissioner.
Te Puke, October 20, 1868.
Ki a Hone Taapa, ka tukua atu e ohau taku piihi koura ki a te Make tuturu tuturu kaore he tangata he peke mai ki te pupuru i must atu, heoi ano.
Na TE WANO. Na POTAK.
Papaturoa, Tihema 28, 1868.
Ki a te Make he kupu naku ki a koe kia mahara koe ki a au ina tae koe ki tou haringa e pa taku kupu ki a koe ko nga kauri o Waitekauri ko tahi rau kis puta mai ki a au kotahi rau pauna ara kei a koe te ritenga heoi ano.
Na te hoa,
Na TE WANO TOIWHARE.
Ohinomuri, 19 Tihema, 1868.
E hoa a te Kamana kua whakaae shau ko te houra o Ohinomuri ki a koe, engari ko te whenua kei au ano toku whenua, kei a koe te hours snake.
(L.S.) TARAIA NGAKUTI x his mark. Witness to signature—
Br. C. T. F. de Thierry. L.T.
![]() |
4.86 98 |
▲back to top |
1868–69] THAMES DISTRICT. 535
In consideration of Ropata te Pokiha and other persons of the tribe Ngatitamaters of Hauraki having this day ended to Sir George Ferguson Bowen K.G.C.M.G. Governor of New Zealand, all their Lands at Ohinemuri in the District of Hauraki for gold-mining purposes I James Mackay Jr, Esquire Civil Commissioner for the Colony of New Zealand do hereby agree for and on behalf of Her Majesty's Colonial Government to pay to Ropata to Pokiha and the other persons of the tribe Ngatitamatera signing the said agreement the sum of one thousand five hundred pounds (£1500) as a deposit to bind the said agreement. Five hundred pounds (£500) of the said sum to be a bonus for the session of the said lands, for gold mining purposes, and one thousand pounds (£1000) to be an advance repayable out of Miners' Rights fees hereafter to be received within the district of Ohinemuri.
Signed at Ohinemuri this nineteenth day of December. eighteen hundred and sixty eight.
(Signed) JAMES MACKAY, Jr.,
Civil Commissioner.
TRANSLATION.
We the undersigned People of Ngatitamatera do fully consent to demise to Sir George Ferguson Bowen Governor of New Zealand all our pieces of land at Ohinemuri for Gold mining purposes for that Governor and those whom he may appoint and the Governors who shall succeed him and their assigns. The conditions under which the said lands are demised shall be similar to those for the Gold Fields at Hauraki. The boundaries shall be described at a future period.
Signed by us at Pukateanui Ohinemuri on this nineteenth day of December 1868. (Signed) RAPATA TE POKIHA, and 57 others. Witness to marks—
(Sd.) C. T. F. B. de Thierry.
On behalf of the Governor I consent to all the conditions of this agreement. (Sd.) JAMES MACKAY
Civil Commr.
OHINEMURI
continued.
1868.
19 December.
Agreement to pay £1,600 as deposit.
1868,
19 December.
THAMES DISTRICT.
OHINEMURI
Gold Fields Agreement.
Note to Mr. John Thorp.
Note to Mr. James Mackay.
To Mr. John Thorp. Te Puke, October 26, 1868.
I will give over my piece of Gold (auriferous lend) to Mr. Mackay really, really : there is no person to jump forth to retain it after me.
(Sd.) From TE WHANO POTAE.
To Mr. Mackay Papaturoa, December 23, 1868.
Mine is a word to you—do you think of me when you have reached your rejoicing (when you have obtained your wish), O friend my word to you is, the Kauri trees of Waitekauri For one hundred let one hundred pounds be paid to me, however the arrangement is with you—All.
From your friend,
(Sd.) TE, WANO TOIWHARE.
Ohinemuri 19 December 1868.
Friend the Governor. I hare consented that. the gold of Ohinemuri shall be yours Taraia's consent. hut I still have the land—you have the gold only.
(L.S.) TARAIA NGAKUTI x his mark.
Witness to signature—
(Signed) Br. C. F. De Thierry, L.T.
1253D.
Received for Registration at 11.27 a.m., 5 May, 1870.
(L.s ) M. HAMILTON,
Dep. Registrar. A True Copy of Original Agreement, Translations, Notes, and Endorsement.
H. HANSON TURTON.
Wellington, August 10th, 1875.
Registration.
Deeds—No. 388.
PAHARAKEKE BLOCK, (TE AROHA,) THAMES DISTRICT.
Ko MATOU kua oti nei o matou ingoa te tuhituhi ki raro nei e whakaae ana kin tutu ate ki a Ta Hori Pakitini Powene (Sir George Ferguson Bowen) Kawana o Niu Tireni tetahi piihi whenua kei te takiwa ki Hauraki ko to Aroha te ingoa he whenua mahinga koura mona me ana i whakarite ai, ko nga rohe o taua whenua ka timata i te awa o Waihou kei Paharakeke haero tonu ki te tihi o te Aroha auta, haore tonu ki rungs ki te maunga ki te Hakihaki, ka whati i kona ka rere whaka te hauauru ki Huakaramea i te taha o te awa o Waihou ka haere tonu i taua awa ki te wahi i timata ai Ko te tikanga me te reti mo taua piihi whenua me penei tonu me nga tikanga mo nga whenua kei Hauraki kua tukua mo te mahinga kours, ara me penei me nga whakaritenga i te pukapuka i tuhituhia a Ngatimare ano i te iwa o nga ra o Maehe 1868 mo o ratou piihi whenua kei Hauraki Engari ma nga tangata Maori no ratou nga piihi whenua i waenga nui o te aro maunga me te awa o Waihon to tikanga ki nga piihi i pai ai ratou he turanga where, he ugakinga, he reti ki nga Pakeha be nohoanga mo aua Pakeha, ko te
1869.
9 January.
THMES DISTRICT.
PAHARAKEKE.
Gold Fields Agreement,
Boundaries. Conditions.
![]() |
4.87 99 |
▲back to top |
A-No19. 12
CORRESPONDENCE RELATIVE TO OHINEMURI,
matter over carefully ; as it is, there is neither life for you nor us. Think it over, look into it, do it. This land is Hauraki, these people are of Hauraki— do it, be not ashamed. You will not be laughed at, I will be your keeper. No -harm will befall you. You will hear more at the great meeting which win take place shortly. There Te Hira 'and I will stand together in the midst of the great meeting, and have a little talk."
Reihana " Welcome, my parent, we can see as well as you, and can understand as well as you. You belong to Hauraki. So do I. We are not forgetful of the words of Hauraki, they are lasting. There will be no occasion for me to search long for an answer to what you will say."
Moananui " We will hear very shortly, there is a desire on the part of the whole of Hauraki that we should then speak. I want you to be the same as I am ; not to be different as you are at present, my thought is to divide the land, this river Ohinemuri being-the boundary. I myself will be Te Hira's policeman. I will not go any further into the question at present. I will wait until the meeting takes place."
Reihana: "If you say these words which you have just spoken when that meeting takes place, I will say to you, there is your land, we will leave it."
Moananui " No, you must not go, I will be your policeman."
The consideration of certain questions of a purely domestic character, then took up the attention of the meeting, which finally broke up at half-past two.
Te Hira was very friendly with me, but expressed, through some of his spokesmen, a strong desire that Te Kooti should be no further molested, but rather that an investigation should be made into the charges made against Te Kooti and others of a similar class at a large Runanga to be called hereafter, at which all the heads of the Government-and the leaders of the King party were to be present.
I have, &c.,
E. W. PUCKEY,
The Hon. the Native Minister, Auckland. Agent for Native Affairs, Thames District.
No. 10.
MEMORANDUM for Captain HEALE by the Hon. D. McLEAN.
WILL, you have the goodness to see that Mr. Puckey takes all the copies of agreements with the Natives for the Thames Gold Fields, and produces such of them in Court at Ohinimuri as may be deemed necessary, asking the Court to make the certificates of title subject to such agreements. -The form of restriction in such certificate is to be settled in chambers.
You will be good enough to take the opportunity of reminding the presiding Judge, that the orders or certificates of title are not to be made in the Court at Ohinemuri, but at Auckland, where the question of putting any restriction on the alienability of land will be determined, and not in any ease to fix a day for the antevesting of the legal estate in any blocks that may pass the Court.
would impress upon you the necessity of asking the Judge to make. this announcement publicly in the Court.
The former instructions issued to Mr. Puckey may be considered as superseded by this Memorandum.
Auckland, 14th May, 1870. DONALD McLEAN.
No. 11.
Mr. HEALE to the Hon. D. MCLEAN.
SIR,— Ohinemuri, 20th May, 1870.
I have the honor to inform you that the Native Land Court commenced its sittings here-on Tuesday last ; all parties having requested an adjournment from Monday, in consequence of the non-arrival of Te Moananui and others.
The first case taken was that of ' Owharo, a piece of 155 acres on the right bank of the Ohinemuri stream at the edge of the forest, on the rising ground, and claimed by Korueha Kota, and other members of the Ngatikoi hapu.
Mr. J. A. Wilson, with Messrs. Rice and Mainwariug, appeared for the claimants ; and Messrs Mackay and C. O. Davis for Hira Te Tuiri and all the opponents.
The evidence for the first two days was given by persons of small consideration only, generally not Natives of the district, nor members of the tribes here ; the object and effect of their evidence being to show that after the destruction of Tara at Tauranga, with all his tribe, save one man and the women and children who were left behind—the remnant through whom Ngatikoi claims became " Rahi" of Ngatitamatera.
On Thursday, yesterday, Mr. Mackay again asked for an adjournment for two hours ; and then stated that by an arrangement publicly made that morning by all parties, the whole of the Ohinmuri lands were handed over to Te Moananui, and he adduced him as a witness to this. Since, however the claimants, in the face of the Court, denied their concurrence in this handing over, which indeed seems hardly to have been serious, the Court refused to take cognizance of it, and the case Proceeded
Since then witnesses of more weight have given evidence, namely, Tarapipipi, Pineaha. Hei Tupaes: Tareranui and others—all to the same effect—denying the independence of the Ngatikoi and maintaining that the " Mana" of the whole of the lauds here rests with Te Moananui, Te Hira, Kereibi.
. \_
and chiefs of Ngatitamatera. There is no probability of any judgment being given for some and unless some very different and very powerful evidence is brought, any judgment cannot fail to be favour of Ngatitamatera, and against Ngatikoi. (No mention has yet been made of Ropata.)
Should this be the case, Te Hira and his friends may either claim a Crown Grant—as probable—or he may repudiate the survey and content himself with defeating the claimants. Should he claim a grant, I shall not fail publicly, and on public grounds, to urge the Court not to
![]() |
4.88 100 |
▲back to top |
AND NATIVE MATTERS AT THE THAMES.
13 A—N
unless subject to close restrictions on alienability, and to leave the drawing of the clause to Auckland.
no reason to suppose that this will be refused by the Court. I found that any general by the Court, before hearing any case, would have probably been refused; and as the might have produced irritation, I thought it best not at that time to make any application. I be permitted to submit to your consideration, in the event of Te Hira asking for a Crown for this small piece, and of his party greatly resenting the application for restrictions, and grant so clogged, whether the gain that would be made by his recognizing the Court, and grant, even without express restrictions, might not more than counterbalance the possible of these pieces from a gold field (as a Native Reserve, since certainly Te Hira has not any arrangement with speculators), more especially as there is no possibility of a Crown Grant before the Legislature has met, when the whole might be made, subject to gold regulations. I only throw out this as a suggestion ; and in the absence of further instructions, I shall use to urge the Court to make the restrictions. I have, &c,
The Hon. the Native Minister. THEOPH. HEALE.
No. 12.
Mr. HEALE to the Hon. D. McLEAN.
Ohinemuri, 24th May, 1870.
The Owharo case is still proceeding, Mr. Mackay having only closed his case for the opponents on Saturday evening. The essential point be sought to establish by his very lengthy and diffuse examination was, that Tara and all his people having been destroyed by Ngamarama near Katikati, and their death having been revenged by Ngatitamatera, the remnant and their descendents became and remained "Rahi."
Mr. Wilson, as agent for Ngatikoi, did not cross-question on these capital points, but on minor details only. But on Monday he opened his own case by calling Te Kepa Raharuhi, who stated the reverse, maintaining very steadily that Tara did not go to Katikati, but only one of his sons. and that the strength of the tribe remained unbroken by his defeat. Mr. Mackay subjected this witness to a very long and bitter cross-examination, extending over more than five hours ; in the course of this he questioned him in a very hostile torte as to what passed between himself, a Civil Commissioner, and the witness and his tribe. To this I thought it necessary to take exception, since, if such a course were allowed, all confidential relations must cease between Government Agents and friendly Natives. The Court accepted this view, and any questions of that nature were disallowed.
Ropata has since given evidence strongly in favour of the independence of Ngatikoi and their right
this land, aral Mr. Mackay's cross-examination has been characterized by the same vehement and spirit.
On the whole, the Ngatitamatera case is still strong, though far from being so conclusive as it appeared at the close of their own evidence.
Reverting to your memorandum of instructions, to press upon the Court that " orders or certifi-
cates of title (to parties not under agreement.) are not to be made here, but in Auckland, where the question of putting any restrictions on alienability will be determined," I may say that this can Only be done by adjourning the case back to Auckland, though the parties (Natives) may be told the
opinion of the Court as to the parties entitled, and that the claimants need not attend again. This is what I shall press the Court to do, should any judgment favour of the opponents appear possible ; but it is my opinion that this course will be very irritating, and more lowering to the Native Land Court than to give judgment here and absolutely to limit the alienability except to the Crown, since it will appear to surrender its independence, which may be attributed to fear of the tribes here, or to other such influences. - I have, &c,
The Hon. Donald McLean. THEOPH. HEALE.
No. 13.
Mr. HEALE to the Hon. D. McLEAN.
Inspector of Surveys' Office, 6th June, 1870.
I have the honor to inform you that, in obedience to your instructions, I attended the Native Land Court at Ohinemuri, from 16th May until 2nd June, when it closed. All this time was occupied in hearing the one case of Owharo. The real question at issue was, whether the small tribe of or Ngatitara were so completely enslaved by the Ngatitaniatera, as a consequence of their
against the tribe formerly occupying Katikati (Ngamarama), as to have lost their right of in the lands held by their ancestors without dispute prior to their receiving that assistance and by themselves ever since.
case resulted in a judgment in favour of Ngatikoi ; and this produced so much excitment, Ngatitamatera used the means of intimidation which their numbers present gave them so That it was impossible for the Court to continue to sit.
that the Court would object to make any statement of its intentions with respect to on gold mining, before proceeding with the eases. I therefore abstained from making any at the commencement.
course of the investigation I had only occasion to interfere once, when I considered .
Mr. Mackay was taking, as advocate for the opponents, was calculated to destroy the confidence to exist between friendly Natives and the Government Agent, with whom they may be in
relations. The Court sustained my view, and the objectionable questions were disallowed.
the close of the eases I urged on the Court, on behalf of the Government, the absolute
for the preservation of the peace and for the well-being of both races, that in a district as Ohinemuri is, to be auriferous, no certificate of title to any land should be issued without
restriction vesting in the Government alone the right to permit and to regulate mining for
![]() |
4.89 101 |
▲back to top |
A.—No. 19. 14
CORRESPONDENCE RELATIVE TO OHINEMURI,
gold. I showed that the claimants to the block under adjudication were parties to an agreement to this effect, made with Mr. Mackay in 1808; and I asked, in case of the judgment being in their favorite that a restrictive clause should be added to the certificate, maintaining that agreement; but in case
the judgment of the Court should be in favour of the opponents, who were not parties to that agreement,
I urged the Court not to make any final order at Ohinemuri, but only to declare its judgment as to, ownership of the land, and to adjourn the case to Auckland, where the final order could be prepared, with the aid of the Chief Judge, after due consideration, and with all the information attainable.
The advocates on both sides most vehemently opposed my application, and I had to reply to their,
objections. The Court, however, in giving judgment in favour of the claimants, directed a certificate to their
title to be issued to them, with a restrictive clause maintaining the agreement, as I had requested,
The adverse party gave notice of their intention to apply for a rehearing.
I think that after a time the great body of the Natives will recognize the equity of the judgment
given ; but for the present, the anger of the chiefs of the Ngatitamatera is naturally great, and I
cannot say that I think the prospect of opening the district is at all near or promising.
I have, &c.,
The Hon. the Native Minister. THEOPH HEALE.
No. 14.
Mr. E. W. PUCKEY to the Hon. D. MCLEAN.
Native Agent's Office, Grahamstown, 10th June, 1870.
SIR,—
I have the honor to inform you that the Native Land Court, which commenced its sitting a
Ohinemuri on the 16th instant, was yesterday adjourned sine die, having the day previously given judgment in the case of the claim of Ngatikoi to Owharo, in favour of the claimants.
As Mr. Heale has already made you acquainted with what took place in the Court up to the end
of the first week, I shall confine my remarks on the present occasion to what took place since your
departure for the South.
The case for the counter–claimants was brought to a close on the afternoon of Saturday, 21st
when the Court adjourned until Monday, 23rd, and the case for the claimants proceeded with. Mr.
Wilson's witnesses were subjected to a rigid and searching cross–examination by Mr. Mackay, who in
his questions, and the contempt evinced by him for the claimants, was not careful to avoid expressions
liable to stir up the angry feelings of the stronger against the weaker party.
On Friday, the 27th ultimo, I had to leave Ohinemuri for Shortland, in order to complete a Return
of Tribes, for the House of Representatives.
On the same day, Moananui and a party of about twenty men, armed, started for Waihi, for the purpose,
as he told me the, previous day, of seeing Raharuhi, father of Kepa Raharahi one of the
claimants to Owharo. They reached Waihi on the following day, but news of their intended visit
having preceded them, Raharuhi was concealed by some of the other Natives, and when Moananui and
party arrived, be could nowhere be found. However, after a considerable time had been spent in searching, an old man and woman were seen approaching, who proved to be Raharuhi and his wife;
They had been out in the cold and wet all the night previous and all that day, and were nearly perished.
Moananui upon seeing Raharuhi, told him to remain quiet and get himself warm and comfortable,
and he would talk to him on the following day ; but meanwhile the taua had all the license in such
cases accorded to taues, and looted everything not too heavy for them to carry away. Next morning
Raharuhi came to Moananui, and told him, so the story goes, that he himself had nothing to do with
the laud; the land and people were Meha's ; that his children, Kepa and others, in spits of his
advice, proceeded to survey the lands, and make application to the Native Land Court.
On Tuesday afternoon I left Shortland, and reached Ohinemuri late in the evening, when. I WAS
informed that the case in respect of Owharo had been completed that day, and that judgment would be
given on the morrow.
On Wednesday, at 10, the Court assembled, and the counter–claimants and their partisans, appeared
in strong force, but tho Ngatikoi appeared by Counsel only, and as judgment was being given in favor
of Ngatikoi, evident signs of discontent were evinced by a good many of those present, and mutterings
of dissatisfaction could be heard on all sides. This being the case, as soon as judgment was given, Tarapipipi stood up, and expressed it as his wish that the people should not be pouri, but that they
should behave with decorum.
As it was evident that there was too much excitement for any other case to be proceeded with that
day, the Court adjourned till the morrow—but at this time Moananui's party were descried approaching,
and a war dance took place ; that over, Mr. Mackay proposed that a meeting should take place at Te
Moananui's camp, in order to concert measures for the morrow. As I was anxious to know how far
the disturbed feelings of To Hira's party would carry them, I felt it my duty to be present for a time
at the meeting. It commenced about 11.30 a.m. The speakers were Tarapipipi, Wi Hopihana, Hohepa
Te Rauhihi, Mere Kuru, R. To Tahua, Riwai Te Kiore, Wi Kingi Te Arawahie, Te Moananui, Mr.
Mackay and myself.
Tarapipipi was very much excited, as well at the decision, as at the rumoured purchase of Te Aroha
by the Provincial Government. Hohepa said he was wearied with trying to maintain peace in the dis–
trict. He thought he should leave things to take their course. Nevertheless, later in the day, both he and
Tarapipipi told us they would continue to act as they had done heretofore, and conduct matters quietly.
Mr. Mackay spoke twice, denouncing the decision of the Court. The Ngatikoi were exceedingly
presumptuous in preferring any claim whatsoever to land—they were " iwi tutus, toenga kainga;" in
fact, he seemed quite at a loss to find terms to express his disgust at the adverse decision of the Courts,
and the presumption of the Ngatikoi. His second speech was more temperate, urging upon the Natives
the prudence of not obstructing the action of the Court. This I supported ; the more so, as as
reference was made to myself by Tarapipipi, in reply to Mr. Mackay.
The result of the meeting may be summed up in a few words. The claim of Ngatikoi to Waihi
was to be taken through the Court ; the lands which had been surveyed for taking through the Court
![]() |
4.90 102 |
▲back to top |
AND NATIVE MATTERS AT THE THAMES.
15 A—N
were to be demanded to be given up to Moananui, and a rehearing of claims to Owharo to be requested.
As I felt after a time that I was in the way, and as the political part of the meeting was over, I left.
On the following morning the Court opened at the usual hour; but Mr. Mackay having desired
an adjournment for half an hour, the Court adjourned for the required time, when half an hour more
was asked for ; this also was granted. At the expiration of this time, and as it appeared from the
of witnesses, and the contemptuous manner of speaking of the decision of the Court, as
well as the likelihood of the judgment being resisted, and the peace of the district being in considerable
anger, extremely desirable that no further sitting of the Court should take place for the present at
Ohinemuri, the Court adjourned. I have, &c.
E.W. PUCKEY,
The Hon. the Native Minister, Wellington. Native Agent, Thames.
No. 15.
Mr. E. PUCKET to the Hon. the NATIVE MINISTER.
Shortland, 20th January, 1870.
When he (Te Hira) heard who at was, he sent and invited me to go in and see him. He
I have the honor to report that have just returned from Ohinemuri, to which place I
yesterday morning for the purpose of obtaining reliable information as to the movements of
Kooti. I found that Timoti, to whom Topi Te Kahuwhare made allusion in a letter which I forwarded
you on Tuesday last, had left for Te Kooti's camp accompanied by two Natives; all were on
horseback, and heavily laden. One of the Natives, Pita To Heihei, was sent by Ropata to endeavour to
mediately in case of any hostile movement in that direction being made.
On my way to see Ropata, who was at work in his cultivation, I had to pass close by Te Hire's
himself as being very " pouri" at the accusation made against him, viz., that he had invited
Kooti to visit that part of the country. I told him Kooti to visit that part of the country. I told him that that expression of opinion had no doubt
originated from the discovery of a letter addressed to Te Kooti, and purporting to have been written
Hoani Mahako Te Urn o te Rangi at his instance; and, in the second place, from the frequent
comings and goings of Timoti and others to Ohinemuri, and his intercourse through them with Te
Kooti. He emphatically denied ever haying had anything to do with the letter in question, and said
that although he–countenanced the comings and goings of Timoti and the others, they did not come to
visit him, but to visit their friends resident at Ohinemuri, Mataora, and Whangamata. It must be
bourne in mind that Tarapi1npi Te Kopara, a few days ago, admitted to me that Te Hira had written to
Te Kooti ; also that he encouraged the visits of Timoti in order to obtain information as to the Movements of Te Kooti.
Mere Kuru was also present, and she told me candidly that they could not but sympathise with
people of their own race and colour ; that the King party would not allow Te Kooti to be molested
within certain limits; that if he was attacked by us, the King party would not discern whether it was
simply fighting between the Pakeha and Te Kooti, but would think we meant to carry the war into
their country, and that they would resist it. She expressed a hope that no force would be sent to
Ohinemuri ; also, that if Te Kooti should be attacked, that the force go round some other way, end not
through their country. I assured her that the Government had no intention whatever of either
taking a force through Ohinemuri, or of making it a military position; and that, unless extremely
circumstances rendered it necessary, unless the whole country were up in arms, they need not
be under the slightest apprehension that the words of another day should be trampled upon. She
also remarked t hat the diggers had said a force was coming up to protect them ; I told her it was not so.
Te hire assured me Te Kooti would never visit Ohinemuri, had thought it was most probable he
had gone back to the place set apart for his use by Tawhiao.
Te Hire, and most of the Hauhau party, are going to attend at a meeting; called by Ngatihaua, to assemble at Ohineroa ou the 10th proximo, in order to use jointly the influence possessed by both
parties, for the purpose of persuading Te Kooti to keep within the bounds prescribed for him by the
king party, and to send him away from Tapapa. Te Hire is most anxious to do this, to convince those
who have suspected him, that he, at least, never invited Te Kooti to come to Ohinemuri.
Ropata is doubtful as to the probable success of persuasion on Te Kooti, as he thinks, and not
without reason, that if " Te Kooti's god " tells him to go to Ohinemuri, nothing will induce him to
keep away ; and he is not quite sure that " Te Kooti's god " might not do so—the more so as To
Kooti is said to have asked Timoti how long it would take him to get to Ohinemuri on horseback from
and that he expressed satisfaction on being told it could be done in one day. Ropata is
extremely anxious that a few stand of arms and some ammunition should he sent to him at once, if it
should please the Government to do so, as a good opportunity now offers of taking them to his place
unknown to any one, in the absence of the Hauhaus. His party are in a very defenceless state.
My own opinion is that Te Kooti will not visit Ohinemuri; that he is desirous of, if possible,
dewlling under the protecting shade of the Maori King, and will not do anything to compromise that
Party, as would most likely be the case did he visit Ohinemuri.
Maibi Te Pohepohe was, I was told, at Ohinemuri yesterday ; I did not see him.
I have, &c., E. W. PUCKET
The Hon. the Native Minister, Auckland. Agent Native Affairs, Hauraki District.
No. 16.
The Hon. the DEFENCE MINISTER to His Honor T. B. GILLIES.
SIR,—
General Government Offices, Auckland, 8th February, 1870.
In prosecuting the negotiations with the Native owners at Ohinemuri for the opening of the
district as a gold field, it has been found that the large number who are disposed to give up their lands
desire at once to receive a money payment as an advance on account of the future receipts of fees on
miners' rights, and that the sum required will be about £5,000.
![]() |
4.91 103 |
▲back to top |
–No.19. 16 CORRESPONDENCE RELATIVE TO NATIVE MATTERS.
It is right that your Honor should be informed, that it is not expected that the payment of sum will operate at once in overcoming the opposition of the party which has persistently set against the opening of the district, but it may have the effect of maintaining in their disposition, and of stimulating to greater exertion, those who have been friendly, and who are wlling give up their lands, and I am informed that this payment will probably be found necessary to those objects.
It will be for the Provincial Government to consider whether or not it is prudent to make advance in the present condition of the negotiations, and upon this point I shall be glad to be
with your Honor's opinion. I have &c.,
His Honor the Superintendent of Auckland. DONALD MCLEAN.
No. 17.
His Honor T. B. GILLIES to the Hon. the DEFENCE MINISTER.
Superintendent's Office, Auckland, 9th February, 1870
SIR,–
I have the honor to acknowledge the receipt of your letter of yesterday's date, relative
advance of money to the Natives, in anticipation of the opening of Ohinemuri. I am prepared at to provide the sum of £5,000, or any other sum necessary, to effect the immediate opening Ohinemuri; but until the negotiations show some signs of success, and are put into some tangible as to terms, it does not appear to me prudent to make any advances to the friendly Natives, appear to be unable to open even their own lands without the consent of their opponents. Nor think it would be wise to arrange with the Natives on the basis of their receiving fees on rights, &c., as at Shortland, which has raised so many questions of difficulty with both Europeans Natives. I would suggest dealing with them for a lease of their lands (subject to reserves) at a rental, to cover both mining and surface rights, for a period of twenty–one years or upwards. country could thus be opened up, not only for mining but for settlement, which, from the gold–bearing capabilities of the country being yet untested, would be the only safe way of dealing with the.
I desire very earnestly to urge upon you the importance of prompt and energetic action in the
matter, otherwise serious consequences may ensue. If you see no immediate prospect of overcoming by your negotiations the opposition of the King party, I would respectfully request you to permit me to undertake such negotiations as I might think proper to adopt in order to accomplish the end in view. It may appear almost presumptuous in me to hope to succeed in a matter in which your agents
have been so long unsuccessful, but I am unwilling to leave any stone unturned which might possibly result in opening that country speedily. I have, &c.,
THOMAS B. GILLIES,
The Hon. the Minister for Native Affairs, Auckland. Superintendent.
No. 18.
The Hon, the NATIVE MINISTER to His Honor T. B. GILLIES.
General Government Offices, Auckland, 26th February, 1870.
SIR,–
I have the honor to acknowledge the receipt of your letter of the 9th instant, relative to do opening of Ohinemuri. I have inadvertently overlooked replying to it before, but in verbal communications I have sufficiently fully expressed to your Honor my opinions. Thus you are aware that I agree with you, that, if the Natives are willing to accept it, a yearly rent for all rights over the land, is preferable to a payment for the right only to mine for gold. Still I hope your honor will agree with me, that if the Natives are not willing to entertain the offer you make, it will not be to refuse to agree to other terms. So strongly indeed am I of opinion that it is desirable Ohinomuri should be opened, that in the absence of a specific recommendation from you to the contrary, I shall feel myself at liberty to exercise much discretion in accepting such terms as the Natives are wilting to agree to.
I thank your Honor for your offer to undertake the negotiations, and am willing to agree you
that though the offer may appear presumptuous, it is dictated by no other desire than an earnest regard for the public service. I would willingly accept your Honor's offer if I could see a probability of its tending more speedily to the attainment of the object in view. But you give me no information by which I can gather that you have either special plans or special facilities, and I observe that at the Thames you have stated that if the matter were intrusted to you, you could not profess to hope to conclude it in three months.
It appears to me that at present I am in a better position than your Honor to carry through negotiations which are already far advanced, and to which I am constantly attending with the most anxiety to see them conducted to a successful result.
Whilst declining your Honor's offer, allow me again to thank you for it, and to express my conviction that it is dictated solely by the desire to promote the public service.
I have, &c.,
His Honor T. B. Gillies, Esq., Superintendent, Auckland. DONALD MCLEAN
No. 19.
His Honor T. B. GILLIES to the Hon. the NATIVE MINISTER.
SIR,— Superintendent's Office, Auckland, 26th February, 1870.
I have the honor to acknowledge the receipt of your letter, No. 59, of this date; and in reply have to state that I am happy to see, from the tone of your letter, that you have hope of an early accomplishment of the opening of Ohinemuri. The special plans and facilities which are at command for the achievement of that object are such that to divulge them would be to destroy them and render them powerless; and I must therefore rest content with leaving the matter in your
I have, &c.,
THOMAS B. GILLIES.
The Hon. the Minister for Native Affairs, Auckland. Superintendent
PRESEN
![]() |
4.92 104 |
▲back to top |
WORKING OF THE NATIVE LAND ACTS. 43 A.—N
amongst themselves. Experience has taught us that, whenever they make an effort or adopt a new course.whether for good or for evil, that they do it in the mass. Take their present willingness to make roads as an instance. Individual effort or individual civilization, except under very exceptional circumstances, has always failed; our wisdom will now be to try, by slow degrees, to elevate the whole community, the younger portion taking the lead, and the older ones following at their leisure. I conclude, then, that as separation appears necessary on the one side, and combination on the other, that a number of small detached reserves would not prove a benefit to the Natives.
With reference to our former efforts to civilize this race, I would say that both missionary bodies and Government have made grave mistakes. More has been expected from the Maoris in a generation than our own ancestors attained in ten. If we puzzle a child with rule of three, who has not learned addition, shall we advance his education ?
The only kind of reserves that I think would be of real value to the Natives, and would also to a great extent stop wholesale speculation in land, would be to render inalienable (say for fifty years) several large blocks of land or districts where the Natives would to a great extent be removed from close contact with Europeans, and, while able, especially the old people, to live quietly after their own fashion, would at the same time afford opportunities for the improvement and civilization of the younger portion, who now for the most part aspire to something different and more European than their elders. I write on the assumption that when we see the end of the present war we shall have no more serious fighting with the Maoris, and feel convinced on this point, from the general tone of , feeling that prevails amongst them. Notwithstanding their bravado when talking with Europeans, it very clear they have had enough of it. Besides which, if we judge from the past, we shall come to the same conclusion. Hone Heki in the North fought with us once, and though victorious, as he thought, yet never troubled us again ; the same may be said of Te Rangihaeata in the South. Kingi of Taranaki, who was the first to take up arms in the present war, was glad to slip out of it ; the Waikatos rushed to the rescue, and were driven back, and, though they have growled and threatened, have never ventured to attack us again, and I think, except under some very extraordinary circumstances, never will.
For these reasons, and with an open country, we could have no fear in seeing the Natives located in large parties in four or five reserved districts, and indeed, to some extent, we should, I think, regain their confidence by attempting such a step; and by an inexpensive recognition on the part of the Government, of three or four of the leading men in each district, and the promotion of order, religion, and education amongst them, there is every reason to expect a good result.
In making the above remarks, I would add, that you must take them for what you think they are worth. I can anticipate many objections; but if I can throw any light upon the future of the tangata Mauri, I shall be glad.
I have, &c.,
Colonel Haultain, Auckland. T. S. GRACE.
CASE of NGAKAPA WHANAUNGA and Papers with reference to Survey.
Mr. J. MACKAY, junr., to the Hon. Dr. POLLEN.
New Zealand Native Land Agency, Auckland, 30th January, 1871.
SIR,—
I have the honor to enclose herewith for your information, an extract from the Provincial Government Gazette, of the 23rd instant, in the case of Jordan v. Ngakapa Whanaunga, and beg to lay before you the facts connected with that case, with a view to requesting the Government to grant the defendant some relief in the matter.
Some two years ago Ngakapa Whanaunga, as the representative of the tribe Ngatiwhanaunga, engaged Mr. Richard Coles Jordan to make surveys of certain lands at Warekawa and elsewhere. The agent negotiating this business was Mr. C. O. B. Davis. At the same time an arrangement was
entered into with a Mr. Young to lease the Wharekawa Block, and pay the expense of the survey of the .
Mr. Jordan in the meanwhile completed the survey of the Warekawa and some lands near , for which he made some rather heavy charges. Mr. C. O. B. Davis and Mr. D.J. O'Keefe
objected to the amount claimed, and tendered £400 in payment, which was not accepted by Mr. Jordan.
Mr.Young in the meanwhile, finding his speculation not a lucrative one, withdrew from the , and Ngakapa Whanaunga could not enforce his claim, it coming under the section of the
Native,,Lands Act referring to agreements previous to issue of certificates of title. Mr. Jordan then,
I
through the instrumentality of Mr. Rice, native interpreter, procured a promissory note for £400 from
Whanaunga, which be supposed was payment in full of all demands, provided the amount was on the promissory note coming to maturity. The promissory note was not met when due, and Mr. Jordan commenced an action in the Supreme Court for between £500 and £600.
Davis and O'Keefe persuaded Ngakapa Whanaunga to defend the case, instead of apply to the Chief Judge of the Native Land Court to determine the question, as provided by the Native land Act.
At the time the action came on in the Supreme Court, the persons before named and their
withdrew from the case. Ngakapa Whanaunga came to me in this extremity, and I offered
Mr. Jordan the sum of £400, in satisfaction of all claims against Ngakapa Whanaunga and the for the surveys executed by him, and the further sum of £20 for costs on that behalf.
was refused, and the case came on in the Supreme Court, and I succeeded in getting it
arbitration. The result of the arbitration was, that about £70 was deducted from the. I then persuaded Mr. Jordan to stay further proceedings, and paid the sum of £400
of the award, which with costs amounted to upwards of £700. Mr. Jordan agreed to take the remainder of the money from me as the rents were paid into my hands, on account of lands in the of shortland owned by the
![]() |
4.93 105 |
▲back to top |
–No. 44
APPENDIX TO RETURN RELATIVE TO THE
has proceeded to execution, and the sum of £391 is now claimed by the Sheriff, together with poundage, &c., which will probably amount to £450.
I now beg most respectfully to request that the Government will take this case into consideration and advance to Ngakapa Whanaunga the amount required–say £450–in order to prevent the sale of his property and his consequent ruin. The money must be paid before the 3rd of February next, or the property will be sold by auction. The amount to be advanced can be secured to the Government by mortgage at six or twelve months over lands owned by Ngakapa Whanaunga, Te Karawara Te Aramoana, Waka Toheriri, Hera Puna, Hemi Te Ahipu, and Epanaia Motukohai, at Shortland; or if this security is deemed insufficient, over other lands in that neighborhood in addition to the above.
The Government might reduce the amount by remitting the poundage fees, which will amount to £19lls. If the Government will advance the amount required, I am prepared to guarantee the repayment of the same,and in the meanwhile to give valid security for a large amount, so as to
them from any loss in the matter
I have, &c.,
JAMES MACKAY, junr.,
.
The Hon. Dr. Pollen. Agent for Ngakapa Whanaunga.
Note.–This letter was not received by Dr. Pollen till the 7th February. The land was put up to auction knocked dawn to Myer for £35.
In the Supreme Court of New Zealand, Northern District.
Between RICHARD COLES JORDAN, Plaintiff, and NGAKAPA WHANAUNGA, of Cabbage Bay, Defendant; WHEREAS by virtue of a writ of fieri facias issued on this action, and directed to me, ordering that of the real and personal estate of the above–named Ngakapa Whanaunga I should cause to be made the sum of £391, together with the interest on the said sum, at the rate of £8 per centum per annum, from the 4th day of October, 1870, together with £1 13s. 4d. for the said writ, besides sheriff's poundage, officers' fees, &c. : Now, I do now hereby give notice, that I shall cause to be sold by public auction, by Stannus Jones, at his Mart, in Queen Street, in the City of Auckland, on the 3rd day of February, 1871, at 12 o'clock noon, unless the said debt of £391 and interest be sooner paid,together with the said sum of £1 13s. 4d., besides Sheriff's poundage, officers fees, &c. ; all the estate, right, title, and interest of the said Ngakapa Whanaunga, in and to all that parcel of land in the Province of Auckland, situate at Shortland, in the district of Hauraki, Queen's County, being called or known by the name of Rangiriri L, and numbered 1,266 ; bounded towards the North–cast by the Kaueranga Block, 250 links ; towards the South–east by the Whakaruaki Block, 1,063 links; towards the South–west by the Hauraki Gulf; and towards the North–west by the Rangiriri H. No. 1 Block, 313 links and 150 links ; by the Rangiriri J Block, 150 links ; again by the Rangiriri H No. 1 Block,and by the Rangiriri J No. 83 3–10 links, 210 links, 83 3–10 links, 100 links, 83 3–10 links, 100 links, 83 3–10 links and 400 links. Except so much and such parts of the said land as is declared in the Crown grant thereof to be dedicated to public uses as roads or highways, and except so much and such part of the said land as is conveyed by the said Ngakapa Whanaunga to one Daniel Joseph O'Keefe, by deed bearing date the 21st day of February, 1870, and registered in the Deeds Register Office, at Auckland, as number 1,128D, with all buildings thereon erected. And I further give notice, that the interest of the said Ngakapa Whanaunga consists of an estate in fee–simple, and that the same has been taken by me in execution at the suit of the said Richard Coles Jordan, the execution
creditor. , )
H. C. BALNEAVIS,
Dated, October 31st, 1870. Sheriff.
George Ritchie, of Wyndham Chambers, Wyndham Street, Auckland, Solicitor for the said Richard Coles Jordan, the execution–creditor.
., ....---.
MY DEAR SIR,— Thames, 9th June, 1871.
I regret that I have not been able to reply to your note earlier. I have only this morning been able to obtain the information required by you. The annual rental of Ngakapa's town allotments at the time of the seizure was £87 3s. Trusting this information may reach you in time for the purpose required,
I have, &c.,
E. W. PUCKEY.
Mr. R. C. JORDAN to. the Hon. Colonel HAULTAIN.
DEAR SIR,— Tauranga, 24th April, 1871.
I forward particulars of the case you mention (Jordan v. Ngakapa), together with a few remarks of my own respecting the working of the Native Land Act as far as regards the relative interests of the Native land surveyors and the Native.
I think it was near the close of 1867, while in Auckland, I was engaged by Ngakapa to survey for him a block of land estimated to contain 10,000 acres, provided he could make terms with a Mr.Young, who wished to lease it. Messrs Davis, Young, and myself, and some Natives, then proceed to the spot ; negotiations were concluded with Mr. Young, and I was instructed to make the survey. I was to be paid for the survey out of the rent, or Mr. Young was to pay me, Ngakapa giving him mortgage on the land for the amount when the land passed the Native Land Court.
When the case was heard before Judge Munro the land became inalienable for more than twenty–one years, as it became subject to clause 17 of Native Land Act, 1867, which gave great dissatisfaction to the owners, who then found out that, though they had put themselves to a great deal of trouble and expense to obtain a title, such title as was granted to them was of no service.
![]() |
4.94 106 |
▲back to top |
REPORTS OF THE SELECT COMMITTEE ON NATIVE AFFAIRS
ORDERED TO BE PRINTED.
|
On the Petition of— |
|
Page |
|
1. 554 Natives of Hawke's Bay, for inquiry into laud transactions |
|
|
2. 100 Maoris residing in the District of Wanganui, for alteration of the Native Land Laws |
3 |
|
3. Hone Nahe and others, that lawyers and European agents may not practise in Native |
|
|
Lands Court |
|
|
4. Te Hates and others, for payment for military service |
4 |
|
5. Henare Pukuatua and 135 others, on various subjects |
4 |
|
6. Keke (Mrs. Cowell), for restoration of Confiscated Land |
4 |
|
7. Pehimana Tahua and 32 others, for restoration of Confiscated Land ... |
4 |
|
8. Eruru to Ngahu and 21 others, relative to the shooting of Pahu by McAskill |
4 |
|
9. 513 Natives of Hawke's Bay, for inquiring into working of Native Land Laws |
4 |
|
10. Tikawenga and 171 other Natives of Wairarapa and Bay, that the Native Lands b |
|
|
Court be abolished ... ... ... ... ... ... ... |
4 |
|
11. 18 Natives of the Ngatiraukawa Tribe, for liberty to deal with their own lands |
5 |
|
12. 5 Natives of the Thames District for repeal of section 33 of " The Native Lands Act, 1367 " |
5 |
|
13. Mokena Kohere and Mohi Ture, that the firearms in the hands of Natives in Waipu District may be collected |
5 |
|
14. 28 Natives of Wanganui, for restoration of Confiscated Laud ...... |
5 |
|
15. Ranohe Rangaika, for restoration of his land formerly sold at Poverty Bay |
5 |
|
16. Manihera Rangiakaiwaho, for restoration of land in Castle Point District |
5 |
|
17. Henare Tomoana and Renata, for compensation for military service ... |
5 |
On Petition of 554 Natives of Hawke's Bay, for inquiry into land transactions.
Committee have the honor to report to the House that, after a careful examination of. the allegations contained in the above petition, the following resolution was adopted :—
That, after examining certified copies of some of the grants referred to in the petition, aid hearing the statements of Mr. Takamoana with regard to the allegations therein, the Committee are of opinion that no satisfactory inquiry can be made except at Napier or in the neighbourhood, where alone the greater portion of the necessary evidence, whether documentary or oral, can be obtained ; and therefore recommend to the House that a Commission shall be appointed,
composed of some-Europeans-and some Natives, none of whom shall be in any way interested
in the question to be investigated. 16th August, 1872.
On Petition of 100 Maoris residing in the District of Wanganui, for alteration of the Native Land-
Laws.
YOUR Committee have the honor to report that, on consideration of the above petition, the following resolution was agreed to:—
That, with regard to all lands which are tied up under the provisions of " The Immigration and Public Works Act, 1871," the Natives should in the first instance offer the land to the Governor ; and in the event of the Governor not requiring the same, a notification should be inserted in the Government Gazette offering the land for sale, which should be by auction.
19th September, 1872.
On the Petition of Hone Nahe and others, that Lawyers and European Agents may not practise in
Native Lands Court.
YOUR Committee have the honor to report that, after careful consideration of the above petition, the following resolutions were agreed to :—
That it should be enacted in the Native Lands Act, that no legal practitioner, advocate, or other agent of the European race, should be permitted to take any part in the proceedings of Land Courts, in any cause in which such lawyer or agent is directly or indirectly interested, and that a penalty be provided for in such cases.
That it is highly desirable that a notification should be forwarded to the Natives, printed in the Maori language, explaining the nature of the Highway Boards Act ; also, to inform them that the cause of their having to pay such rates was principally in consequence of their ignorance of the present existing laws in connection with such Act.
Your Committee respectfully recommend to the favourable consideration of the House, the advisability of increased Maori representation in the House of Representatives ; and that the subject of
![]() |
4.95 107 |
▲back to top |
Native representation in Provincial Councils should be brought under the consideration of the Superintendents of the various Provinces.
4. That all deeds for the conveyance or leasing of land made by Maoris to Europeans, should, in all cases where the Maori conveyancer or lessor does not know the English language, be written in the Maori tongue, with a duly-authenticated English translation attached thereto.
19th September, 1872.
On Petition of Te Hata and other Natives for payment for military services.
IN reference to the above petition, your Committee have the honor to report the following resolution, unanimously agreed to :—
That your Committee, after careful consideration of the claim made by the petitioners, and the evidence adduced, are of opinion that their prayer should be complied with.
20th September, 1872.
On Petition of Henare Pukuatua and 135 others, on various subjects.
YOUR Committee have the honor to report that they have agreed to the following resolution:—
That inasmuch as questions are raised in this petition which affect the Native people generally throughout the Islands as well as the petitioners, and also matters relating to proceedings, which have been taken under existing laws, the Committee recommend that the Government should cause full inquiry to be made into all the circumstances before any disturbance of the Land Courts or grants of land should be authorized.
24th September, 1872.
On Petition of Keke (Mrs. Cowell), for restoration of Confiscated Land. YOURCommittee have the honor to report the following resolution :—
That your Committee are of opinion that Mr. Mackay's recommendation should be submitted to the Government for favourable consideration, as it appears, under all the circumstances, that 100 acres of land given to the petitioner would be a fair final settlement of the matter. Such land to be granted so that it should be inalienable.
24th September, 1872.
On Petition of Pehimana Talma and 32 others, for restoration of Confiscated Land
YOUR Committee have the honor to report that the following resolution was agreed to:— That your Committee do not feel at liberty to recommend the House to interfere in the matter of the prayer of the petition in the direction proposed.
The Committee are of opinion, nevertheless, that, where it is found to be the case that tribes have not been actively engaged in warfare against the Queen, or having been engaged have returned to there loyalty, the lands Which have been taken from them,.if not otherwise disposed of should be restored the Native owners.
25th September, 1872.
On Petition of Eruru Te Ngahu and 21 others, relative \_to the shooting \_of Pahu by Mc.Askill. YOUR Committee have the honor to report to the House that the following resolution was agreed to:—
That the letters addressed to Wi Parata, bearing date 19th July, 1872, and 8th July, 1872, which have been referred to your Committee, not being in the form of petitions to the House, your Committee do not feel justified in taking any action upon them, but have nevertheless advised Mr. Parata, who is a Member of the House, to bring the matter before the House in the form of a resolution.
25th September, 1872.
On Petition of 513 Natives of Hawke's Bay, for inquiring into working of Native Land Laws. Youn Committee have the honor to report that the following resolution was agreed to, namely :-
That with reference to the grievances complained of in this petition, and which affect the Native people generally throughout the Islands, as well as the petitioners, as also other matters relating to proceedings which have been taken under existing laws, your Committee recommend that the Government. should cause full inquiry to be made by a duly appointed Commission into all the circum- stances before any disturbance of the Land Courts or grants of laud should be authorized.
11th October, 1872.
10,
On Petition of Tikawenga and 171 other Natives of Wairarapa and Hawke's Bay, that the Native
Lands Court be abolished.
YOUR Committee have the honor to report to the House that the following resolution was agreed to, namely :—
![]() |
4.96 108 |
▲back to top |
be granted, With respect to other question raised in the petition, the committee do not concider it for further recommendation than that all such matters, being questions of policy, should be left to the consideration of the Government of the Colony.
11th October, 1872.
On Petition of 18 Natives of the Ngatiraukawa Tribe, for liberty to deal with their own lands.
YOUR Committee have the honor to report to the House, that the following resolution was agreed to,viz:—
That as the question raised in the letter has been already considered by the Committee in the matter of the petition of several Natives of the Wanganui district, they have no further recommendation to offer than that which was given in the before-mentioned case.
11th October, 1872.
On Petition of Five Natives of the Thames District, for repeal of Section 33 of " The Native Lands
Act, 1867."
Youn Committee have the honor to report to the House the following resolution adopted, namely :—
That the Maori owner or owners of land, desirous to sell;the same, should offer such land in the first instance to the Government at a fair and reasonable price ; and should the Government not require the land for settlement or other public purpose, and refuse to purchase the same, that the Maori owner or owners should be at liberty to sell or dispose of the land to such persons or in such manner as he or they may think fit.
18th October, 1872.
On Petition of Mokena Kohere and Mohi Turei, that the Firearms in the hands of Natives in
Waipu District may be collected.
YOUR Committee have the honor to report to the House the following resolution, namely :-
That the request contained in the petition should receive immediate attention from the Government.
18th October, 1872.
On Petition of 28 Natives of Wanganui, for restoration of Confiscated Land.
YOUR. Committee have the honor to report to the House that the following resolution was agreed to, namely:—
The Committee are of opinion that the Government should at once take steps to settle the
difference existing between themselves and the Natives with regard to the lands referred to in the .
petition.
23rd October, 1872
On Petition of Ranohe Rangaika, for restoration of his land formerly "sold at Pouerty Bay
YOUR Committee have the honor to report to the House that the following resolution was agreed to namely :—
The Committee are of opinion that the Government should take steps to ascertain whether or not the petitioner was the owner of the land referred to in the petition ; and, if so,to relief as the Government may deem equitable and advisable.
23rd October, 1871
On Petition of Manihera Rangiakaiwaho, for restoration of land in Castle Point District.
YOUR Committee have the honor to report the following resolution agreed to, namely :—
The period of the Session being so far advanced, your Committee cannot give the attention requisite to the prayer of the petitioner, and therefore recommend the same to the consideration of the Government during the recess.
24th October, 1872.
On Petition of Hen are Tomoana and Renata, for compensation for military service.
YOUR Committee have the honor to report to the House the following resolution, adopted, namely :—
It has been shown by Mr. Ormond and Mr. Cooper's evidence that the petitioners received £1,248 58., instead of £888, as stated in the petition, as payment of the Taupo expedition, le full of all demands ; and that a receipt to that effect was taken when the last instalment of £500 was paid. Your Committee are therefore of opinion that there has been no evidence submitted to show that the petitioners are entitled to any further remuneration.
24th October, 1872.
![]() |
4.97 109 |
▲back to top |
1873.
NEW ZEALAND.
THE PURCHASE OF NATIVE LANDS.
(REPORTS FROM OFFICERS ENGAGED IN)
Presented to both Houses of the General Assembly by command of His Excellency.
No. 1.
Mr. JAMES MACKAY, jun., to the Hon. the MINISTER for PUBLIC WORKS.
New Zealand Native Land Agency,
SIR, Auckland, 24th January, 1872.
Referring to the conversation which took place between us on the subject of the purchase and acquisition by the Crown of Native lands in the Hauraki and Upper Waikato districts, I have the honor to submit to you the following report as to the blocks it may be deemed advisable to acquire ; also as to the plan which I would recommend to be pursued for the accomplishment of that object through my Agency.
In order to arrive at a correct conclusion as to the present state of the lands proposed to be acquired, it will be advisable to place them under three heads, viz. :—
1st. Lands within the proclaimed Goldfields at Hauraki and Coromandel, which form the subject of agreements between the Natives and the Crown for gold mining purposes.
2nd. Lands within the Hauraki district, not included in the proclaimed Goldfields, and which do not form the subject of agreement between the Natives and the Crown for gold mining purposes.
3rd. Lands in the Upper Thames and Upper Waikato districts held by Hauhau and obstructive Natives, some portions of which have been leased to Europeans for the depasturage of stock.
The lands under the first head are contained in the Cape Colville, Tokatea, Kennedy Bay, Tiki or Ngaurukehu, Waiau and Matawai, Manaia north, Manaia south, Waikawau, Whakatete, Tararu, Karaka, Otunui, Whakairi, Kirikiri, and Puriri blocks.
1. Cape Colville Block.
This is of considerable extent, the area of unsold lands may be roughly estimated at 50,000 acres. After deducting the pieces required for Native reserves, the area available for settlement is but limited; the greater proportion of the block being hilly, timbered country–unfit for cultivation. Gold has at various times been discovered in several places within its limits, but no mining claims are at present occupied there. Some pieces of land have been sold to Europeans, but they form, but a small proportion to the whole. The kauri timber at Cabbage Bay, Tangiaro, Matamataharakeke, and the northern portion of Kennedy Bay has been sold to Europeans owning saw–mills. I have surveyors employed on the external boundaries of this block at the present time. The title is much disputed.
2. Tokatea Block
This is the most valuable portion of the Coromandel Goldfield at present worked. The probable extent is 15,000 acres. This land is leased by the Native owners to the Crown at the annual rental of £500. All the available kauri timber, excepting that situated near Paul's Creek, has been cut by saw mill proprietors. Mr. Gibbon's mill at Kikowhakarere, has been recently removed; and that of Mr. Charles Ring, is principally employed to drive quartz crushing machinery. There is no available agricultural land on this block, other than what is in the hands of European settlers, or is required for Native reserves. This block would be difficult to acquire in consequence of its known value. No accurate survey has been made of it.
3. Kennedy Bay Block.
This block was formerly surveyed. at Government expense, and contains about 9,500 acres. No further outlay for surveys will be required, excepting the repayment to me of the sum of £25 expended on some alterations, and a plan which was made by Mr. Gwynneth, Licensed Surveyor, in order to meet the requirements of "The Native Lands Act." This block contains sufficient available land for Native reserves; and there is a flat in addition of about 600 acres, formerly leased to Messrs. Cruickshank and Smart, but now abandoned by them, which is suitable for a town site and settlement. The remainder–say 8,000 acres–is mining country of considerable value, and should, if possible, be acquired at once, as delay will increase the difficulty of purchase. The kauri timber on a portion of this block has been sold to Messrs. Cruickshank and Smart, who own a saw mill there.
G.–8.
![]() |
4.98 110 |
▲back to top |
G.—8. 2
4. Kapanga Block.
The largest part of this, which adjoins the Tokatea block, belongs to the Government. The remainder, about 775 acres was granted to the late Pita Taurua; who is succeeded by a boy of about five years of age. The land is of no value for agricultural purposes. The kauri timber on about 583 acres of it has been leased to Mr. Alfred Jerome Cadman, who has a saw mill on the Karaka stream. There are several quartz reefs within the block, which have not been tested. Gold has been found in small quantities, but there are no claims at present occupied. It would be advisable to purchase this block, as it adjoins Government land; the difficulty, however, appears to be the inability of a minor to dispose of it The lands south of the Kapanga block, belong to Europeans, as far as the Tiki or Ngaurukehu block,
Tiki or Ngaurukehu Block.
This consists of two pieces of land granted to Natives, and known as the Waiau No. 1, and Motutere ; the former contains 1,098 acres, and the latter 240 acres. These are separated by a piece about 600 acres, granted to the late Mr. W. B. Moore. There is no land on this block suitable for agricultural purposes; there is some good kauri timber on it, and several gold-mining claims have been and are now successfully worked within its limits. The owners are not inclined to sell their land, and from the known value of the Waiau No. 1 portion, a large price would in any case be demanded.
Waiau and Matawai block.
This adjoins the Motutere portion of the Tiki and Ngaurnkehu blocks, and may be estimated to contain 1,500 acres of hilly land, all the available kauri timber on which has been cut by the owners of the Waiau saw mill. Gold has been found in the Matawai stream, but not in any quantity in the block. The lands to the southward and to the westward of this piece are the property of the Crown, and it would be desirable to acquire it to consolidate the Government property in that neighbourhood. This block requires to be surveyed.
Manaia North Block.
This block belongs to a section of the Ngatimaru tribe. The area of the land not occupied by Natives or required for reserves may be estimated at about 3,000 acres of hilly country. Gold has been found in small quantities within it, but no payable claim has hitherto been discovered. This piece is bounded on the south by the Manaia south block. This block requires to be surveyed.
Manaia South Block.
This block may be estimated to contain exclusive of the large reserves required by the Tawera tribe about six or seven thousand acres of hilly land. Gold has been discovered in small quantities in streams on this block, but no payable claims have been discovered. This piece is bounded on the south by the Waikawau block. This block requires to be surveyed.
Waikawau Block.
This may be estimated to contain about 60,000 acres of land, the greater part of which is of broken description. There are a few patches of land available for cultivation on the banks of the numerous streams which intersect it ; but these bear but a small proportion to the whole. The best pieces of land for settlement are at Te Puru and Wainui, but these have been either sold to Europeans or are required for Native reserves. Probably not more than 2,000 acres of this block have been granted under the Native Lands Act. The town of Hastings and the Tapu Creek diggings are within it. There is reason to believe that a very large proportion of the land is of an auriferous character. The available kauri timber in the neighbourhood of the Waikawau and Mata streams has been sold to Capt. Daldy, who owns a large. and valuable saw-mill at Waikawau. The kauri timber at Otuturu has been sold to Mr. Hector McKenzie, and that at Waipukapuka to Mr. Thomas Kelly. The survey of this block is in a forward state, having been undertaken by Capt. Daldy and myself with a view to purchasing the whole block from the Natives, subject to the Government agreements with them respecting gold mining. We are, however, prepared to waive our claims on condition of Capt. Daldy receiving a title to the timber heretofore purchased by him, and a piece of 400 acres of land adjacent to the Waikawau saw-mill, and 50 acres at the booms on the Mata stream, and our being repaid the cost of survey and the deposits paid by us to the Natives on various pieces within the block, less the proportional cost of the 450 acres before mentioned. The pieces of 400 and 50 acres respectively required by Capt. Daldy to be excluded from the operation of "The Mining District Act, 1871." It is anticipated that no additional Native reserves will be required, as there are considerable holdings at Kereta and Matariki immediately north of this block, which with the pieces already mentioned at Te Puru and Waianui are sufficient for Native requirements in that neighbourhood.
The survey at present in progress is merely of the external boundaries, and some sub-divisional lines will probably have to be cut in consequence of troublesome disputes between the hapus of Ngatitamatera as to internal boundaries. Immediately south of the Waikawau block is that known as Te Wharau or Wairuaterangi, which has been purchased by the Crown.
Whakotete Block.
This is a triangular-shaped piece of small extent, probably 1,000 acres; the only valuable portion of the frontage of which has been granted to the Native owners. The remainder is very rough, hilly land, and is not approved of by gold miners for its auriferous character. It might be desirable to purchase this land, if the Tararu district is acquired, so as to connect Te Wharau, or Wairuaterangi block with Tararu. As Te Wharau on the north, and Tararu on the south, have been surveyed, it may be assumed that the cost of survey of this portion will be small, as most of the lines are already defined on the ground.
![]() |
4.99 111 |
▲back to top |
3 G.----8.
Tararu Block.
This block consists of two pieces, known as Tararu north, and Tararu south, which have been surveyed by the Native owners, the total area of the two being about 3,500 acres. This land is of known auriferous character, and is likely to support a large raining population. The title is not disputed, but the Natives are not disposed to sell it. No reserves are required, the land being of a class unfit for Native or other cultivation. The kauri timber from Tinker's gully to the source of the Tararu stream has been sold to the Moanataiari Water Supply Company.
Karaka Block.
This contains all the most valuable claims on the Thames Goldfield, also the towns of Grahamstown and Shorthand. The townships are chiefly private property, and it would not be advisable to interfere with
existing arrangements. A large portion of the land, amounting to 1,600 acres, exclusive of townships, has been surveyed under my directions, and the unsurveyed remainder may be estimated at 1,000 acres. The difficulty of purchasing this block cannot be easily estimated, as the owners have been in the habit of receiving about £5,000 per annum for miners rights' fees alone. There is no unsold land within this block fit for any purpose other than mining.
Otunui Block.
This is unsurveyed, but may be estimated to contain from 6,000 to 7,000 acres. The land is not suitable for agricultural purposes. Gold has been found on it in small quantities, but no claims are at present occupied, which may be attributed to the want of means of communication by a practicable road, and the absence of any machinery for extracting the gold from the quartz. The kauri timber on the banks of the Mangakirikiri and Mangarehu streams has been purchased by Europeans.
Whakairi Block.
This block is under survey by my direction, and is estimated to contain 35,000 acres. There is but a very small proportion of it suitable for settlement. Probably some portion of it is auriferous, but at present the gold miners have but a poor opinion of it in that respect. The kauri timber has been purchased by a company at Auckland, who intend erecting a saw mill at Shortland, which will be a great boon to the Thames Goldfield.
Kirikiri Block.
This block has not been surveyed, but probably contains about 5,000 acres. The land is not fit for agricultural purposes, and is not in favor with the gold miners. Small quantities of gold have been found in the Kirikiri river, but no claims are held within the block. The kauri timber has been sold to Mr. John Gibbons. The large reserve to the westward of the goldfield boundary contains more land than is required by the Native owners for cultivation and settlements. Any surplus would be suitable for European occupation for ordinary agricultural purposes,
Te Puriri Block.
The same remarks as made in the previous case (Kirikiri block) apply to this block, with the exception that gold has been found at Te Puriri in payable quantities, and the kauri timber has not been sold. The land has not been surveyed. The probable area is 10,000 acres:
The lands under the second head are contained in the Whangapoua, Mercury Bay, Tairua, Wharekawa, and Omahu blocks.
Whangapoua Block.
This has nearly all been granted to Natives, under the "Native Lands Act." Gold has been found in two or three places in the neighbourhood of the Waitekuri river, but the workings were abandoned in consequence of the obstructive policy pursued by the Native owners. There is a little land within this area which would be available for settlement, but—the greater proportion is hilly, broken country. The kauri timber has been sold to Messrs. Craig and Harris, and has formed the subject of interminable lawsuits between those parties. It is questionable whether much of the Whangapoua block could be purchased, as it is probable the title to it is complicated by private arrangements between the Native owners and certain Europeans.
Mercury Bay Block.
This district is of considerable area. There are probably 40,000 acres of unsold land in it. The extent of land available for settlement is small. Gold has been found in two places, but the workings are now abandoned. Nearly the whole of the land has been granted to the Native owners, under the Native Lands Act, and the available kauri timber has been sold to either the Mercury Bay Saw Mill Company, or the Auckland Saw Mill Company, who have valid leases or agreements extending over terms of years. I do not anticipate any great difficulty in procuring the freehold of this district. The Government have previously acquired some large blocks there, but which are of but little value for settlement.
Tairua Block.
This block probably contains about 20,000 acres of unsold land, mostly of a hilly, broken character, unsuitable for settlement, but which is believed to be auriferous. Alluvial gold has been found in two or three places, and it is reported that a " rush" of miners from the Thames has taken place there during the last few days. The kauri timber has been sold to Messrs. Seccombe and Son, who have a valuable saw mill on freehold land near the mouth of the river Tairua. I think this block can
![]() |
4.100 112 |
▲back to top |
G.-8. 4
be purchased from the Natives. I have been requested to get it surveyed, and to apply to the Native Land Court to investigate the title.
4. WhareKawa and Omahu Blocks.
These may be estimated at 40,000 acres of land of rough hilly character. I am not aware of any gold having been found there. I understand that Messrs. Hannaford, Logan, Brissenden, and O'Keefe have advanced moneys to the Natives for the purpose of defraying the expenses of surveying these lands, but the survey has not been undertaken owing to the opposition of some of the Natives. It is probable these blocks can be acquired, as I am informed that the liens registered in the Native Land Court by the above gentlemen can be purchased for a small amount from the holders, and this would give the Goverument a footing on the land.
The lands under the third head are the Hikutaia, Ohinemuri, Aroha, Wairere, Matamata, and Patatere blocks.
Hikutaia Block.
This has not been surveyed, but probably contains 25,000 acres. There are a few patches in this fit for settlement, irrespective of the requirements for Native reserves. The remainder of the land is of hilly character. I have reason to believe that some portion of it will be found auriferous. The title to this block is much disputed. I have instructions from the principal owners to survey it and get the title investigated by the Native Land Court, but have declined to do so until the telegraph line is completed through it for fear of a dispute arising and causing complications which might militate against the construction of the line. The survey will be commenced as soon as the telegraph line is finished.
Ohinemuri Block.
This has not been surveyed; the probable area is 100,000 acres. Of this one-third is fit for settlement, irrespective of requirements for Native reserves. Gold has been found in three or four places within this territory, but I have reason to believe it will be more difficult of access than at the Thames and Coromandel fields. This block can only be acquired by degrees and by very carefully conducted negociations.
Te .Aroha Block.
This may be estimated to be of nearly the same extent as the Ohinemuri block, but contains a larger area of land fit for settlement. The title to this land was disputed between the Thames Natives and the Ngatihaua tribe of Waikato, and after a protracted investigation was awarded to the former by the Native Land Court. I believe some part of it can be acquired easier than the Ohinemuri country. The Government have some land on the Waitoa stream, adjoining the western boundary of Te Aroha block. Te Aroha is the southern extremity of the lands owned by the Hauraki Natives.
Wairere Block.
This is situated on the eastern bank of the River Thames, and extends from the southern extremity of Te Aroha block to Okauia, and inland to the western boundary of the Tauranga block. The land is unsurveyed, but the probable area is 35,000 acres, about one-third of which is fit for settlement irrespective of the requirements for Native purposes. The owners are the Ngatihinerangi tribe, who are connected with Ngatiraukawa of Patatere, and the Ngaiterangi of Tauranga. At the time of the sitting of the Native Land Court in Te Aroha case, the principal chiefs engaged me to act as their agent in any future disposition of their lands. I have not as yet entered on the question, but believe action might be taken and negociations brought to a successful termination.
Matamata Block.
The land forming this block is chiefly of a level character, some of it is of a swampy nature. The
greater part was formerly leased to Josiah Firth, Esq, for the depasturage of stock. He has succeeded in obtaining the fee simple of some large pieces of it at the southern extremity of this block extending towards Patatere. W. T. Buckland, Esq, holds leases of an extensive tract of country. Nearly the whole of the Matamata block is of a quality suitable for settlement, though the land is in some places swampy and at others rather dry and exposed to cutting winds.
Patatere Block.
This is an extensive tract of country on both sides of the River Waihou or Thames, extending to the Waikato River on the west, and to the Tauranga and Rotorua watershed on the east. The land is of fair average quality for settlement, and ought to sustain a large population. This district is owned by the Ngatiraukawa tribe, who have hitherto held aloof from any land transactions with the Crown. I would suggest that if the Government make terms with Mr. Buckland that the land should be purchased in his name. It is the opinion of miners who have visited this district that the auriferous country which commences on the north at Cape Colville and forms the Coromandel and Hauraki Goldfields, terminates at Horahora at the southern extremity of the Patatere district.
aseum that the area of the country above described is at least 500,000 acres, exclusive of the Tokatea, Kapanga, Tiki, or Nganrukahu, Tararu, and Karaks blocks and that the average cost per acre, including surveys would be from two shillings and sixpence to three shillings per acre, or a tota
![]() |
4.101 113 |
▲back to top |
5 G.–8.
of £75,000. The Tokatea, Kapanga, Tiki, or Ngaurukahu, Tararu, and Kara.ka blocks may be estimated to contain 22,000 acres, and it would not be an excessive estimate to assume that these can not be purchased at a lower average rate than one pound ten shillings per acre, or say a total of £33,000. Taking into consideration the fact that a large portion of this extensive territory would be purchased from Natives who are hostile to the sale of lands to the Crown, and that much of the land is of known auriferous character, I do not think it would be right to estimate the total cost at less than £108,000, exclusive of agent's commission.
The question of reserves for Native residence, occupation, and cultivation will also require serious attention, and it will probably be found necessary in most instances to make this class of lands inalienable.
After all questions as to boundaries, surveys, and reserves, have been arranged, the title to the lands should be investigated by the Native Land Court, and conveyances be procured from the parties found to be interested therein. In cases of very large purchases, it might be found desirable to make the payments by instalments running over a term of years. It would also be beneficial to induce the Natives to invest some of their money in Government annuities. It will be necessary that forms of deeds should be supplied to me, some of which should have provision inserted in them for payment by instalments. I object to the old form of Land Purchase Deed, as the space for description of boundaries, and the signature of the Natives, is too small. I think the deeds should be printed on parchment.
In order to prevent confusion in surveys, and also to obviate the necessity for repeated references to the Inspector of Surveys for information as to previous surveys within the Coromandel and Eastern Hauraki districts, I would respectfully request that a map or tracing should be furnished to me, showing all Government lands, granted lands, and surveyed lands within the blocks hereinbefore described. The same to contain the area and boundaries, with bearings and distances, where possible, of such lands. No use to be made of such information, except for the Government purchases.
As there are several pieces of land which have been granted to Natives, under "The Native Lands Act," which have not been sold to Europeans ; and it may in some cases be found advisable to secure these for the Crown, I would respectfully request that the Native Land Court officials should be instructed to furnish me with a return of all lands in the Coromandel and Eastern Hauraki districts for which certificates of title have been ordered by the Court, with the names of the grantees in each case. I could then, by referring to the Deeds Registration Office, ascertain the lands which bad been disposed of, and those still in the hands of the Natives. Lands within the townships of Kapanga, Hastings, Grahamstown, and Shortland, need not be included in this return.
With reference to the vested interests and claims of Europeans to kauri timber, situated within the blocks of lands proposed to be purchased, some of which are held under valid leases made subsequent to the issue of certif cates of title by the Native Land Court, and others by agreements made previous to the issue of certificates of title for the lands comprised in such agreements, I would beg to recommend that in all cases where the parties are in actual possession of the timber, and do not obstruct the Government in negotiating for the purchase of the lands, that all such agreements, leases, and private interests shall be respected, and the conveyances by the Natives to the Crown shall take notice of and confirm all such resonable and fair leases, agreements, and transactions. I would point out that the timber trade is of vital interest to the goldfields, and is one of great importance to the Province of Auckland, and very large capital is invested in it; and although the agreements for the acquisition of timber are not in the majority of cases strictly legal or valid; yet many of these so-calledillegal agreements have been made by and with the assistance of officers of the Native Department. If the Government acquired the kauri timber, it would only be destroyed by miners and bush fires. At the present time, where the Kauri timber is not the property of mill owners, it is a fruitful source of discontent between the miners, Government officers, and the Native proprietors.
I will, at the earliest opportunity, furnish the Government with a sketch map, showing approximately the position of the various blocks of land alluded to in this report, for purposes of reference when any question arises. I must, however, state that I only give such information on the understanding that the Government employ no agent other than myself to conduct the negotiations for the purchase of the lands herein alluded to, as it would be manifestly unjust to me to supply other agents with information acquired by myself for my own business, and which they are not in a position to obtain, or to furnish to the Government.
In conclusion, I beg to state that as the Government have confided this important and responsible business to me, no effort shall be spared on my part to bring the negotiations to a successful termination, and one which will be beneficial to the interests of the Colony, and meet with the approval of the Government.
I have, & c.,
The Hon. the Minister for Public Works, James MACKAY JUNR. Wellington.
No. 2.
The UNDER SECRETARY of PUBLIC WORKS to Mr. JAMES MACKAY jun.
Public Works Office,
SIR, Wellington, 4th March, 1872.
I have the honor by direction of Mr. Ormond to acknowledge the receipt of your letter of the 24th January, in which you report your views in reference to the purchase from the Natives of various blocks of land in the Coromandel, Hauraki, and Upper Thames districts.
2 G–8.
![]() |
4.102 114 |
▲back to top |
G.-8. 6
You have already been authorized by Mr. Ormond to initiate negotiations, and I am now directed to inform you fully on the several points raised in your letter, and to express the hope that, in engaging your services, advantages of a most important character—as regards the settlement of the country—will result.
Mr. Ormond has read with much interest the detailed description of the blocks comprised in the three classes into which you have divided them ; but not being prepared at present to indicate to which of these blocks your attention should be more immediately directed, he will be obliged if you will report from time to time such of them as you see your way to acquire, giving particulars not only of the probable acreage and cost, but the value of the land as regards its relative position, mining capabilities, timber, or other resources, so that the question of price may be taken into consideration with a full knowledge of all the facts of the case, End the purchase assented to or declined. This consideration will have to be given block by block, because while it is the intention to purchase generally the blocks named in your letter, yet as the total estimate of their cost is stated by you at £108,000 it might not be convenient to purchase the whole within any particular period. With reference, however, to the blocks in the third class, Mr. Ormond will be glad to receive an estimate as soon as possible, as these lands—being suitable for the location of immigrants, and otherwise advantageous for settlement—come more immediately within the scope of and the objects contemplated by the Immigration and Public Works Acts. In thus directing your attention specially to the acquisition of the blocks in the third class, I am directed to assure you that no unnecessary delay shall occur in considering and arriving at a determination on the reports and estimates you submit.
The only remark necessary to make with regard to the order of the acquisition of blocks enumerated in classes 1 and 2, is that in directing your attention to purchases in the Coromandel and Hauraki districts, it would be advisable to give the preference to those blocks that are known to be auriferous.
It will be necessary that the surveys shall be undertaken under the direction of the Inspector of Surveys, Mr. Heale, who will be instructed to have completed those which you indicate from time to time, and to consult your wishes with a view to employing, whenever practicable, those officers who have the tact of working well in Native districts.
Dr. Pollen will be imprested with funds sufficient to meet the payments you will be called on to make, and Mr. Ormond will consult the Treasury with a view to prevent the delays you anticipate. Them are, however, certain requirements of the Treasury which it will not be possible to relax, and you will have therefore to take care that you keep Dr. Pollen advised a reasonable time beforehand of what sums you will require, and that your accounts supported by vouchers for the expenditure of one advance be rendered before requiring a second.
Mr. Ormond cordially endorses your suggestion as to the advantages of making Native reserves for the purposes of residence, occupation, and cultivation where necessary, and to the consent of the Natives being obtained to render them inalienable.
It is desired that as opportunity offers the blocks should be submitted to the Native Land Court for investigation of title, but if, however, cases arise in which you decide to recommend a cession to the Crown as preferable, Mr. Ormond will be glad to receive for consideration a report of the special circumstances which induce you to make such recommendation. The present form of deed being deemed by you defective, you will be good enough to send an amended draft for approval. As regards the mode of payment in the case of large purchases, it may, Mr. Ormond thinks, be advisable to adopt your suggestion of making the payment by instalments over a term of years, and it certainly would be desirable wherever practicable to induce the investment of a portion of the purchase money in Colonial securities or in Life Annuities, &c., in the Government Annuities Office.
The Inspector of Surveys will be instructed to afford you every information in his power as to previous surveys, and to furnish you with any maps or tracings, giving the details you desire. The Chief Judge of the Native Land Court will also be communicated with, in order to your being supplied with particulars relative to the lands for which certificates have been ordered by the Court.
Mr. Ormond is fully aware of the influence which the holders of timber rights and claims might exercise in opposition to the sale of the lands by the Natives and the policy of respecting those claims whether legal or equitable ; but it must at the same time be borne in mind that many of the blocks on the Coromandel Peninsula have, apart from their mining value, no other value than that which their timber gives them, the right to which you state has in many cases been alienated and required to be conserved. In estimating the purchase money of all such blocks as have not acquired a value for mining purposes this should be taken into consideration, as the Government will have no option but to avoid interference with these old arrangements wherever it is practicable to do so.
You are requested to furnish the sketch map in your possession showing the relative position of the blocks alluded to in your letter, and Mr. Ormond desires me to state that in entrusting to you the responsible task of effecting these large and important purchases, the Government will certainly not employ any agent whose duties will clash with the arrangements entered into by you for that object.
I am directed in conclusion to express the hope that the successful execution of the duty
devolving on you will enable the Government at no distant date to throw open to the enterprise and industry of the settlers a portion of country, the development of the resources of which cannot fail Materially to promote the prosperity of the Colony.
I have, &c.,
JOHN KNOWLES.
James Mackay, Esq. Under Secretary.
![]() |
4.103 115 |
▲back to top |
7
No. 3.
His Honor the SUPERINTENDENT, Auckland, to the Hon. COLONIAL SECRETARY.
Superintendent's Office,
Auckland, 4th April, 1872.
I have the honor to enclose copy of a letter addressed to me on 20th March last by Mr. James Mackay, jun., relative to his being provided with funds to enable him to complete on favourable terms the purchase of two large blocks in the Cape Colville Peninsula. Dr. Pollen being absent and being personally aware that a very large sum might be saved to the Colony and the Province on this purchase by dealing with the Natives at the tangi at Ohinemuri, I felt myself justified in advancing to Mr. Mackay the sum of two thousand pounds for that purpose. I proceeded with Mr. Mackay to Ohinemuri, and was present when be was negotiating with the Natives there assembled, and I feel convinced that a large saving, both in time and money, was effected by his being placed in funds promptly to conduct these negotiations. I trust that you will approve of my action in this matter, and that the amount advanced will be at once repaid.
Permit me further to suggest that provision should be made in future for providing funds by which advantage can be taken promptly of such circumstances as the above, which occasionally arise. I have, &c.
THOMAS B. GILLIES.
The Hon. the Colonial Secretary, Wellington. Superintendent.
Enclosure in No. 3.
Mr. JAMES MACKAY, junr., to the SUPERINTENDENT of AUCKLAND.
New Zealand Native Land Agency,
Auckland, 20th March, 1872.
Referring to your request that I would inform you as to the progress made by me in purchasing, and negotiating for the purchase of Native lands on the Coromandel Peninsula, I have the honour to inform you that no purchase has as yet been completed by me. The surveys and negotiations for the Waikawau and Cape Colville blocks are in a forward state, and I anticipate being able to acquire these at a price not exceeding 28. per acre. I have made considerable advances on account of these purchases, having either paid for, or made myself privately responsible for goods and stores amounting to £1,367 18. 5d. I have made application to the Agent for the General Government for an advance to enable me to recoup myself the sums actually paid from private funds, and to pay the other amounts for which I. have become responsible, and have as yet received no reply to my communication which was made on the 4th instant.
A sum of £5,000 would probably accomplish this now, and as the area of the Waikawau block is estimated by the Surveyor, Mr. 0. M. Creagh, to be about 100,000 acres ; and the Cape Colville block is estimated by Mr. Tole to be about 50,000 acres. This would be a very desirable purchase, being only 8d. per acre.
I have made arrangements for the survey and purchase of the Whangamata and Hikutaia blocks, but have deferred entering further on these at present, until the completion of the telegraph line through that district, for fear of any complication arising to delay that important public work.
'Unless the General Government can make some alteration in financial matters, so as to make it as easy to purchase for the Crown as for private persons, the acquirement of these lands will be tedious and difficult. The great point in buying land from Natives is to be able to have money at command to take advantage of favourable opportunities like the present.
Dr. Pollen being absent from Auckland, and not being likely to return for some time, and as it is impossible without funds to proceed further, with those negotiations, I would beg to request that you will be as good as to advance the sum of £2,000 to enable me to conclude these purchases, which are a matter of great importance to the Province, and to make provision for further advances, if necessary, not exceeding the sum of £5,000 above mentioned, and which advances I think you are justified in making, pending the completion of the General Government arrangements for supplying the necessary funds.
I have, &c„
His Honor the Superintendent, JAMES MACKAY, Junr.,
Auckland. Agent for Land Purchase, New Zealand Government.
No. 4.
Mr. JAMES MACKAY, jun. to the Hon. the MINISTER for PUBLIC WORKS.
SIR,— Wellington, 23rd July, 1872.
Referring to the question of the proposed purchase of the Harataunga or Kennedy Bay block, Coromandel Peninsula, I have the honor to inform you that in accordance with your request I have communicated with His Honor the Superintendent of Auckland on the subject and he is willing for the purchase to be made for any sum not exceeding five thousand pounds : provided that all the
it land, excepting the portion absolutely rcquired for Native residence and cultivation, be purchased at the same time and mcluded with the remainder of the block for that price.
I have, &c.,
The Hon. the 'Minister for Public Works, JAMES MACKAY, Jun.
Wellington.
![]() |
4.104 116 |
▲back to top |
G.–8. 8 No. 5.
His Honor the SUPERINTENDENT, Auckland, to the Hon. the COLONIAL SECRETARY.
SIR,— Wellington, 26th July, 1872.
I have the honor to acknowledge receipt this day of your's of 24th inst., requesting the expression of my views on the enclosed copy of letter from Mr. Mackay as to land purchase at Harataunga. My views are correctly stated by Mr. Mackay in his letter.
I have, &c.,
THOMAS B. GILLIES,
The Hon. the Colonial Secretary, Wellington. Superintendent, Auckland.
No. 6.
Mr. JAMZES MACKAY, jun., to the Hon. the MINISTER for PUBLIC WORKS.
SIR,— Wellington, 28th September, 1872.
I have the honor to inform you that negotiations have been entered into for the purchase of the Whakairi or Waiwhakaurunga block, near Shortland, which contains nearly fifteen thousand acres, the title to which has been investigated by the Native Land Court ; and I believe it can be purchased for two shillings per acre. I have, therefore, the honor to request authority to complete the arrangements, and also that the Agent for the General Government at Auckland be authorized to advance to me the sum of one thousand five hundred pounds for that purpose.
I have, &c.,
JAMES MACKAY, jun.
Agent for Native Land Purchases, Immigration
The Hon. the Minister for Public Works, and Public Works A et. Wellington.
No. 7.
The Hon. the NATIVE MINISTER to Mr. H. T. KEMP.
Memorandum for Mr. Kemp.
You are aware that in the Thames and on the Piako there have been standing over unsettled for several years the payments upon certain blocks of land, for which advances were made from time to time to the Natives. The Government, as well as the Natives, are anxious that these outstanding claims should be met and settled on the most equitable terms, and as I find from Mr. Puckey, the Native agent at the Thames, who has been directed to enquire into the details connected with the several blocks alluded to, that they are now for the most part in a fit state to be dealt with, I have the honor to request that you will, without delay, place yourself in communication with Mr. Puckey, and endeavour, as soon as possible, with the assistance of the Native Chiefs and other claimants, finally to dispose of this question. Funds for the extinguishment of the Native title to these blocks will be available as soon as you shall report that these claims have been adjusted, and the time and place appointed for the payment being made.
Auckland, 28th June, 1872. DONALD MCLEAN.
No. 8.
Ma. H. T. KEMP to the Hon. the NATIVE MINISTER.
SIR,— Auckland, 7th August, 1872.
Agreeably with your instructions careful enquiry has been made into the several outstanding claims on the Waitoa and Piako blocks. The result has been that in order to meet the different
claims, to give general satisfaction and to make the awards fair and reasonable to the Government and to the Natives, the sum of one thousand pounds has been fixed to cover all claims connected therewith. Enclosed herewith is the schedule submitted for your approval, as well as a requisition for the amount required.
I have, &c„
The Hon. the Native Minister. H. T. KEMP.
![]() |
4.105 117 |
▲back to top |
9 G.—8. Enclosure 1 in No. 8.
Mr. E. W. PUCKEY to the CIVIL, COMMISSIONER, Auckland.
SIR,— Native Office, Thames, 13th July, 1872.
I have the honor to enclose herewith schedule of proposed payments to complete outstanding purchases —Piako and Waitoa blocks, a balance of £713, according to Mr. Mackay's arrangements (excepting recent advances to Ema Te Aouru of £50, and to H. Tipa of £20). W. H. Taipairi and myself have gone fully into the claims not considered by Mr. Mackay, and we think a payment of £40 to Wata Hangata, Hiri Haua, Matini Potara, and Rakena Raukuru, fair and reasonable to extinguish their interests. The Ngatimaru have a claim, and we propose to extinguish it by a payment of £150 ; also to give the Ngatipaoa an additional payment of £97, thus bringing the entire amount to be paid,
|
The schedule will explain these amounts more fully. The Civil Commissioner, Auckland. |
I have, &c., E. W. PUCKET. BLOCKS. | |||
|
Enclosure 2 in No. 8. SCHEDULE of PROPOSED PAYMENTS, PIAKO and WAITOA BLOCKS. | ||||
|
WAITOA— |
|
|
|
£ |
|
H. Tipa |
|
|
|
150 |
|
H. Patene ... |
|
|
|
200 |
|
Riki Paka and others ... |
|
|
|
200 |
|
*Hoia Hana .•. |
|
|
|
10 |
|
*Wata Hangata , ... ... |
... |
|
|
10 |
|
*Rakena Raukura |
|
... |
|
10 |
|
*Matini Potara ... ... |
|
|
|
10 |
|
PIAKO— |
|
|
|
|
|
Ngatimaiu claimants through Kopirimau and Rihia to Kauwae |
|
—. |
|
150 |
|
T. Tukere ... —. ... Te Paea Otatu ... |
.— |
|
.., |
20 70 |
|
Hemi Tabatika ... .— |
|
|
|
20 |
|
Wikitoria H. Taipari •.. |
|
••• |
|
10 |
|
Hanata Puao .. |
|
|
... |
13 |
|
Mita Te Rata |
|
|
|
30 |
|
Additional payment to Ngatipaoa ... |
••• |
|
••• |
97 |
£1,000 * Claims not taken into consideration by Mr. Mackay.
No. 9.
Mr. E. W. PUCKEY to the Hon. the NATIVE MINISTER,
SIR,— Native Office, Thames, 15th December, 1872.
I have the honor to inform you that on the 26th ultimo., I went to Taupo accompanied by W. H. Taipari and Mr. E. H. Power, for the purpose of making the final payment to the Natives on account of the long outstanding land purchases at Piako and Waitoa. As there were a considerable number of claimants and interested parties it was necessary to make special terms with a vessel to convey us thither and bring us back. I accordingly engaged the p.s. "Enterprise, No. 2"—a steamer plying between this and Auckland—at a cost of six pounds. We reached Taupo in the evening, and our errand having been explained and preparations made for commencing business first thing in the morning, we retired to a new house which Haora had built for the occasion. We then had a private meeting with the resident Natives and went fully into the question of the claims, and everything having been satisfactorily adjusted, Haora in the early morning sent off a messenger to Whakatiwai to fetch Hoera to Whareponga, Whose presence at the final extinction of their claims to these lands and especially the Waitoa block, both he and I considered advisable. About 9 o'clock in the morning we assembled in the Court-house, and the proceedings commenced by W. H. Taipari reading the list of claimants and the pieces of land claimed by them. This was the more requisite as Tarapipipi bad raised an objection to the claims of Te Poea to Otatu and Horata Potene, on the ground that all either had a right to was an eel weir. Upon going into the, question, however, in both cases the objection was withdrawn. There was no great difficulty experienced in dealing with any claim excepting as regards Motauhiahi—a piece of land contained within the Waitoa block. When the amount arranged to be paid for this land was named the claimants—Hone Te Koti, Wini Kerei, Ropata to Arahai, Hota Poka, and Riki Poka—refused to sell unless they got £400. They offered to sell half of the land for £200, but—as I considered £200 already too high for a piece of land consisting if from one-third to one-half of deep swamp, and the total area of it being probably about 2,000 acres—after discussing the matter for nearly a day and a night, with Taipari's concurrence, I cut Motauhiahi out of the block. The only advance on this land was a sum of £15 paid to Weherua, a man since dead, and who did not appear to have any claim to the land whatsoever.
The claim of Horata Potene was by her desire dealt with as though it was Tipa's, she claiming the land through him and having no special or separate claim.
3 G.-8.
inclusive of advances above referred to, £1,000.
![]() |
4.106 118 |
▲back to top |
G.-8. 10
As it is possible some question may hereafter arise as to the claim of Irihia to Kauwae to Waitoa and the manner in which it was disposed of, I may state that I have all along steadfastly refused to recognise any unsupported claim, and made it a point from the first to consult Haora Tipa with reference to claims brought forward to these lands. So with the claim of Rihia which has been all along ignored by Haora ; it appears that this claim was derived from some remote Tapuna who formally owned or cultivated the land before it was taken by the Ngatipaoa and the occupants driven off as utu for the killing of To Apa to Rongi. I brought up this claim repeatedly, but Haora as steadfastly refused to recognise it, and also at the Taupo meeting who appeared conscientiously to believe in the fairness of his claim, brought it forward himself atmy desire, but without being able to prove it to our satisfaction, indeed had we dealt with it separately it would have complicated matters, as we should have bad Haora against us. A few days after our return, however, Haora Tipa came to the Thames, and as I felt that the claim of Rihia might hereafter crop up at an inconvenient time I suggested to Haora that a small payment had better be made to Rihia through him as principal seller of this land. This he agreed to, and Rihia accepted £10 in extinction of his claim, promising that he would not hereafter make any claim whatever. All kinds of fictitious claims have since our return from Taupo been trumped up, but referring the pseudo claimants to Tipa has completely shut them up, and in order to test the validity of any claim which may hereafter be made it will be only necessary to refer such claimant to Tipa.
I found it necessary to give Tarapipipi £25, he having some indirect claims on the Mohonui block not previously dealt with, but this payment should be regarded more in the light of a politic stroke than as the satisfaction of a claim ; also as he had some time ago made claim for a further payment on account of the Piako block, and as it was in his power to place—for a time at least—insuperable obstacles in the way of the settlement of these long-existing land claims, both on the Piako and Waitoa, I agreed to abandon the purchase of a block of land called Katihiha. on the opposite side of the Piako to Mohonui, on which an advance of £80 bad been made to him, he foregoing any claim he might still have to the other blocks purchased. Adjoining this land and included within the same surrey is a piece called Whataiti. On this land an advance of £40 was made some years ago by Mr. Whitaker, then Superintendent of Auckland, to Haora Tipa. This purchase we also agreed to forego, lessening by so doing some considerable additional payments for Waitoa, which Haora was expecting. I append to this report a schedule of the blocks of land purchased by the Government at Piako, which together with the sketch plan herewith will afford considerable facilities for understanding, what from the very meagre information in the possession of the Government has hitherto been a very complicated question.
Before having brought this report to a close, I should have stated that last week I visited Ohinemuri and obtained Moananui's signature to the Waitoa deed, and that I also completed the purchase of the Waemaro block, on which Hone to Kuti admitted an advance of £65 to have been made. I have also kept in hand a sum of £10 to be paid to Penetito for claims in the Piako. This closes all the purchases. A claim by Rota to Whituti for £35 I have ignored, as he appropriated that amount in the purchase of a portion of the Waitoa block, which I had to abandon. This is shown on the plan.
I have, c.,
The Hon. the Native Minister, Wellington. E. W. PuCKEY.
Enclosure in No. 9.
SCHEDULE OF BLOCKS PURCHASED BY THE GOVERNMENT.-PIAKO AND WAITOA RIVERS.
Piake block ... ... ... ... 1 19,500 acres
Otamatai block... ... ... ... 2 950 „
Mohonui block ... ... ... ... 3 2,580 „
Te Hina block ... ... ... ... . 4 500 „
Te Hotu block ... ... ... ... 5 50 „
Aronga block ... ... ... ... 6 322 „
Waemaro block ... ... ... ... 7 600 „
',Te Nge block ... ... ••• ••• 8 1,070 „
Te Awaroa block ... ... ... ... 9 600 „
Mangakahika block ... ... ••• 10 510 „
T-Hangawera block ... ... ... ... 11 3,680 „
Waitoa block ... ... ••• ... 12 8,000 „
38,362 „
No. 10.
JAMES MACKAY, Jun., to the AGENT, GENERAL GOVERNMENT, Auckland.
New Zealand Native Land Agency,
Auckland 24th March, 1873.
I have the honor to acknowledge the receipt of your communication of the 5th instant, requesting me o furnish a return of Native lands purchased by me, or under negotiation for purchase under the 34th ction of " The Immigration and Public Works Act, 1870." I now beg to transmit the information re uired under the following heads, viz. :—
Return No. 1. "Blocks, the purchase of which has been completed."
Return No. 2." Blocks for which negotiations are concluded, but deeds not executed." Return No. 3. " "Blocks under negotiation, but price not finally arranged."
•
![]() |
4.107 119 |
▲back to top |
11
Owing to my absence from the Thames, at Whangamata and Tauranga, I did not receive your instructions until the 14th instant, and as it has taken all my time since to compile the returns, I have been unable as yet to make the sketch map of the various blocks as called for by the Hon. Mr. McLean, but hasten to transmit the returns at once, and will furnish a map in the course of a few days.
I have, &c.,
JAMES MACKAY, Junr.,
The Agent, General Government, Agent for Native Land Purchases, Immigration
Auckland. and Public Works Act.
Enclosure 1 in No. 10.
RETURN No. 1.
BLOCKS, the purchase of which has been completed.
NAME OF BLOCS. AREA.. PRICE. REMARKS.
Acres. £ s. d.
Part of this purchase money charged against O'Keefe's
Otama East ... ... 1,217 32 0 0 lien. Gives access from the sea to land owned by the
Otama West ... ... 1,298 100 0 0 Crown, known as Ototoro. Land reported to be
auriferous.
Hihi and Pirinui ... 6,755 715 0 0 This gives the Government access to the Tairua Block
from Shortland.
Purchased as being within Waiwhakaurunga Block, and Hotoritori ... ... 523 100 0 0 being the means of buying the remainder (15,000 acres).
Opango .. ... ... 1,000 103 0 0 Valuable from proximity to Shortland, and being within
proclaimed goldfield.
Taranoho ... ... 3,796 380 0 0 Adjoins lands already purchased for the Crown at Mercury
Bay. Is believed to be auriferous.
(Adjoins Whenuakite (Government land), and gives access to the sea to the eastward. Gold has been found in these blocks. Not yet included in Gold-mining District. Reason of delay in proclamation is the non-
Te Koro, No. 1 ... 1,270 100 0 0 completion of survey of the Wharekawa Block (purchase
No. 2 ... 100 25 0 0 negotiated, vide Return No. 2). Wharekawa separates
Tairua ... ... ... 36,000 2,900 0 0 these blocks from the Whangamata Block. Some land available for cultivation on these blocks. A reserve of one thousand acres, to be selected in one or two blocks, is to be made at Tairua, and a grant issued for the same to the owners as arranged by the Native Land Court.
All these blocks have been included within the Hauraki Gold Mining District. It was an urgent necessity to complete the purchase of these as soon as possible, as a number of miners had taken possession of the country, asserting it to be highly auriferous, and there was every probability of a political difficulty arising by collision with the Ohinemuri Natives. Under these circum-
Whangamata, No. 1 ... 8,280 1,200 0 0 stances, the persons who had been declared to be the
No. 3 ... 8,210 2,465 0 0 owners of the land by the Native Land Court believed
,.,
No. 5 ... 5,889 1,402 0 0 it to be very valuable, and made most extortionate
•,
Hikutaia, No. 2 ... 2,376 763 0 0 1 demands for their interest in it ; the amount asked
No. 3 ... 5,445 1,302 0 0 being at the rate of 27s. 6d. per acre, and consequently
Omaha ... ... • •• 7,056 600 0 0 more had to be paid than under ordinary circumstances. When, however, the area of these is added to that of the adjacent Tairua Te Koro and Wharekawa Blocks (for latter, vide Return No. 2) the average rate will be 2s. 6d. per acre. A reserve of one hundred and fifty acres is to be made in the Omahu Block, and one of one
hundred acres in the Whangamata Block No. 1, and grants to be issued for the same to Ngakapa Whanaunga, and Hone Mahia respectively. Totals ... ... 89,215 12,187 0 0
Average rate, 2s. 8d. per acre.
-
24th March, 1873. JAMES MACKAY jun.
![]() |
4.108 120 |
▲back to top |
Enclosure 2 in No. 10.
RETURN No. 2.
BLOCKS for which negotiations are concluded, but Deeds not executed.
• Advances charged to Advanced by Balances due,
Government, James Mackay, jun , exclusive of advances
Name of Block. Arca. Remarks.
as per Vouchers from private funds, made privately by
furnished, repayable. J. Maokay, jun.
Acres. £ s. d. £ s. d. £ s. d.
Waikowau and Moehau (or Cape Colville) 118,802 13,174 11 0 782 0 0 1,676 14 0 Surreys completed. The only question delaying the execution of deeds is the laying
off three or four reserves. Preliminary agreement signed by a majority of the owners. It is proposed to complete deeds and submit to Native Land Court, in accordance with the provisions of the Immigration and Public Works Act. This purchase is intimately connected with the Ohinemuri question, the land being owned by the same tribe, and it is considered the completion of it will be an effectual blow to the anti land-selling portion of the Ngatitamatera tribe.
Te Weiti . .. ... ..,
. 4,305 550 0 0 Survey completed. Title investigated. Cause of delay in execution of deed being
that a small reserve had to be surveyed ; this is done. Deed can now be executed.
Wharekawa... 200 0 0 280 0 0 1,800 0 0 Survey in progress. Title investigated, and Interlocutory Order granted by the
. .. ...
(estimated) Native es per Land Court, , Land chiefly hilly. Reported to be auriferous. Probable
Rangahou ... ... ... ... 9,132 785 0 0 ... .,. Surveyed. Title investigated. Valuable from being adjacent to goldfields, and
some portion auriferous. Deed partly executed. Require to procure another signature of a Native residing at Mercury Bay.
Waiwhakaurunga ,., .., ... 14,186 ... 100 0 0 1,500 0 0 Surveyed.' Title investigated. Valuable from being near to Shortland. Some portion auriferous. A few small farms could be laid off here. Deed can be executed as soon as a reserve is laid ofl:
Owhao ...311 30 0 0 20 0 0 Surveyed. Valuable from its proximity to .Shortland. Price arranged, 3s. 3d.
... ... ... ...
per acre.
Kapowai .,. ... ... ... 8,663 ... 30 0 0 700 0 0 Surveyed. Title investigated. Deed can be executed at once.
Kapowai, No. 2 ... ... .,. 8,000 ... 10 0 0 800 0 0 Under Survey. Deed can be signed and submitted to Native Land Court, under
(estimated) provisions of the Immigration and Public Works Act. Price arranged, 2s. per
acre, irrespective of area. . \_
Totals ... ... .., 183,399 14,739 11 0 1,212 0 0 6,49514 0
. , , 11 0
£ s. d,
... ...
Advances as per Vouchers furnished to Treasury ... ... ... ... .., ... 14,739 11 0
Balance to complete purchases ... \_. ... ... ... .. ,.. ... ... ... 6,495 14 0
... ...
Total Cost ... •11.1 .. 6 • • • ". . • • • • 1 £2],235 5 0
Average Price, 2s, 3/4. per acre.
24th JAMES MA.CKAS, jun.
March, 1873.
![]() |
4.109 121 |
▲back to top |
BLOCKS under negotiation, price not filially arranged.
|
Name of Block. |
Area
|
Advances charged to Government, as per Vouchers |
Advanced by James Mackay, jun. from private funds, |
|
|
|
furnished. |
repayable. |
|
|
Acres. |
£ s. d. |
£ s. d. |
|
Manaia .„„. |
5,055 |
|
30 0 0 |
|
Manaia, No. 2 .., „. |
1,724 |
77 0 0 |
21 0 0 |
|
Kerita ... ' „ |
1,098 |
74 0 0 |
28 0 0 |
|
Kennedy's Bay „,... |
8,891 |
121 0 0 |
100 0 0 |
|
I puwhakatere,, Awhataroa... .., ... |
1,015 707 |
175 0 0 175 0 0 |
... ... |
|
Whitipirorua |
1,245 |
5 0 0 |
5 0 0 |
|
Matamata .. Ohinemuri ... .., -, |
8,000 150,000 |
15 0 0 811 0 0 |
.., 654 0 0 |
|
Puriri ... ... ... |
3,252 |
45 0 0 |
48 0 0 |
|
Pukerangiora ... ... |
700 |
70 0 0 |
45 0 0 |
|
Mangakirikiri, No. 1 ... |
1,683 |
|
10 0 0 |
|
,, No. 2 ... No 3 |
386 1,673 |
20 0 0 |
.. 15 0 0 |
|
Moewai, No. 2, Mercury Bay.\_ |
3,500 |
30 0 0 |
35 0 0 |
|
Whenuakite, No. 2 „ ... |
6,700 |
|
5 0 0 |
|
Kaimarama, .., Omahu West... |
8,300 8,000 |
... 100 10 0 |
56 0 0 53 0 0 |
|
Runanga (Taupo District) ... |
5,000 |
80 0 0 |
65 0 0 |
|
Waiau (Coromandel)... |
400 |
20 0 0 |
|
|
To Aroha ...... |
100,000 |
|
285 0 0 |
|
Puketui .„,.. ... |
5,000 |
... |
85 0 0 |
|
Mangarehu |
1,825 |
... |
31 0 0 |
|
Mangarchu East |
468 |
|
20 0 0 |
|
Mataora ... ... |
6,000 |
|
15 0 0 |
|
Totals ..• ... |
33,622 |
1,818 10 0 |
1,600 0 0 |
|
24th March, 1873. | |||
. •
Remarks.
Surveyed. Title investigated. Known to be auriferous, . .
N
Surveyed. Title will be investigated by Native Land Court in April next. Land of good quality. Surveyed. Title to the largest portion settled by Native Land Count. Authorized to be purchased at any price not exceeding five thousand pounds.
1 Surveyed. I puwhakatori Title settled by Native Land Court. Owhataroa not investigated. Valuable from proximity to Shortland.
Surveyed. Title investigated. Hold survey lien for £65. Probable cost, 2s. 6d. per acre. Fronts
V hangamata Harbour. Reported to be auriferous ; from personal inspection think this is correct. Will shortly be surveyed. Price not to exceed three shillings per acre. Land of excellent quality.
The only method of completing this purchase is to buy from hapus and individuals as opportunity occurs.
The purchase of the Waikawau and Cape Colville Blocks is intimately connected with this district, and
has materially assisted in breaking up the anti land-selling unity of the tribe, Ngotitaurotera.
Probable cost, two shillings per acre. Much land of good quality in this block, irrespective of
auriferous and hilly country. Know some part to be auriferous.
Surveyed. Some land of excellent quality on this block ; gold being at present worked on it. Surveyed. Near Shortland.
Surveyed. Title settled by Native Land Court. Land valuable on account of its proximity to Shortland. Probable cost, three shillings per acre. Gold in the blocks, Under Survey. Probable cost, two shillings per acre. Position good, Gold found in immediate
neighbourhood.
Surveyed. Title investigated by Court. Adjoins Kapowai, Tairua, To Puia, and .Faro Blocks. Purchased by Government.
Surveyed. Title investigated by Court, Probable cost, two shillings per acre. Adjoins Te Weiti and Matokirau Blocks. Purchased by Crown.
Surveyed. Part, near muin road from Shortland to Hikutaia, of excellent quality. Remainder hilly and auriferous. Joins the Omahau East Block, purchased by the Crown ; extending to the coast. The purchase of this will add to the Hikutaia Block, and give the Crown an unbroken piece of country from the Thames to the East Coast,
This can now probably be more easily arranged from Napier with Tohau and his party. The reason this payment was made was to detach Tohau and his party from To hire ; their taking payment for land effected that object, and was the principal reason they left Ohincmuri for Taupo. As long as they remained at the Thames they assisted the anti-land-selling party to hold back To Aroha and Ohinemuri.
Not surveyed. A small claim which will give a coast frontage and access to the Awakauao Block, pre
viously purchased by the Crown. .
Survey arranged for, 'This block can only be purchased in the same manner as Ohinemuri, from hapus and individuals. Probable cost, two shillings per acre. Some excellent land on this block. Am personally acquainted with the fact of some portion being auriferous.
Survey in progress. Adjoins Tairua, Hihi, and Piraunui, already purchased by Government. Probable cost, two shillings per acre.
Surveyed. Title investigated. Valuable from proximity to Shortland.
Not surveyed. Some of Ngatiporou anxious to sell in consequence of a quarrel with Ngatitamatera.
JAMES MACKAY, jun.
![]() |
4.110 122 |
▲back to top |
G.-8. 14 No. 11.
E. W. PUCKEY to the UNDER-SECRETARY, Native Department.
SIR,- Native Office, Thames, 21st April, 1873.
I have the honor to forward herewith a detailed statement of the purchase of the Thames foreshore, showing the progress of operations to the present time. This statement shows fully what has been done and what requires to be done. Had time permitted I intended to attach hereto a statement showing what moneys would be required to complete the purchase at the same rate as which the purchases have hitherto been made.
I have, &C.,
The Under-Secretary, Native Department, Wellington. E. W. PUCKEY.
Enclosure in No. 11.
RETURN SHOWING THE PURCHASED AND UNPURCHASED INTERESTS OF NATIVES TO THE FORESHORE
IN HAURAKI DISTRICT.
|
Name of Block. |
Name of Claimant. |
|
|
Amount Paid. |
Total. |
| |||
|
|
|
|
|
£ |
s. |
d. |
£ |
s. |
d. |
|
Kauaeranga, E. 14 B. ... ... |
Poihakene ... .. |
••• |
... |
5 |
0 |
0 |
|
|
|
|
20 acres. |
Te Mariri ... ... |
... |
... |
5 |
0 |
0 |
|
|
|
|
|
Hona Taiawa |
|
... |
5 |
0 |
0 |
|
|
|
|
|
Wiremu Turipona ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
Eruera to Ngahue ... |
... |
... |
12 |
0 |
0 |
|
|
|
|
|
Miriama Konehu ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
Piniha Pumoko ... |
... |
... |
5 |
0 |
0 |
|
|
|
|
|
Hoani Toarauawhea |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
56 |
0 |
0 |
|
3 |
0 |
0 | |||||||
|
Kauaeranga, E. 8 B. ... ... |
Eruera te Ngahue ... |
... |
... |
|
|
| |||
|
3 acres. |
Miriama Konehu ... |
|
... |
3 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
6 |
0 |
0 |
|
4 |
0 |
0 | |||||||
|
Kanaeranga, E. 9 B. ... ... |
Matin Poono ... |
... |
••• |
|
|
| |||
|
4 acres. |
Karauna Koropango |
... |
••• |
4 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
8 |
0 |
0 |
|
6 |
0 |
0 | |||||||
|
Kauaeranga, E. 10 B. ... ... |
Haora Tipa ... ... |
... |
... |
|
|
| |||
|
12 acres. |
Tamati Tangiteruru b |
... |
... |
6 |
0 |
0 |
|
|
|
|
|
Harata Patens ... |
... |
... |
|
... |
|
|
|
|
|
|
Rawiri Takurua ... |
... |
... |
|
... |
|
|
|
|
|
|
|
|
|
|
|
|
12 |
0 |
0 |
|
0 |
0 | ||||||||
|
Kauaeranga, E. 11 B. ... ... |
Kitahi te Taniwha ... |
... |
... |
8 |
|
|
| ||
|
28 acres. |
Hori Kerei 'Tuokioki |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
Renata Kitahi ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
Wata te Kura ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
Te Warau ... ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
Tini Maru ... ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
Matire te Arawhatiu |
... |
••• |
8 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
56 |
0 |
0 |
|
14 |
15 |
0 | |||||||
|
Kauaeranga, E. 13 B. ... ... |
Reweti te Rangikawhiria |
... |
... |
|
|
| |||
|
59 acres. |
Miriama Konehu ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
Wiremu Turipona ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
Te Pukeroa ... ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
Ramarihi Oehua ... |
.. |
.. |
14 |
15 |
0 |
|
|
|
|
|
Eruera to Ngahue ... |
••• |
... |
14 |
15 |
0 |
|
|
|
|
|
Pare Watana ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
Mere Watana ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
|
|
|
|
|
|
118 |
0 |
0 |
|
9 |
5 |
0 | |||||||
|
Kauaeranga, E. 12 B. ... ... |
Reweti to Rangikawhiria |
... |
... |
|
|
| |||
|
37 acres. |
Te Reatu te Purekeo |
... |
... |
|
|
|
|
|
|
|
|
Mai Tautehere ... |
... |
... |
9 |
5 |
0 |
|
|
• |
|
|
Mere Watana ... |
.. |
... |
9 |
5 |
0 |
|
|
|
|
|
Hone Koura Horoiwi |
... |
... |
9 |
5 |
0 |
|
|
|
|
|
Raiha Reweti... |
... |
... |
|
|
|
|
|
|
|
|
Mereana Reweti ... |
... |
... |
9 |
5 |
0 |
|
|
|
|
|
Aherata te Ureumiha |
... |
... |
9 |
5 |
0 |
|
|
|
|
|
|
|
|
|
|
|
74 |
0 |
0 |
|
|
|
| |||||||
|
|
Carried forward |
... |
••• |
|
|
|
. |
|
|
![]() |
4.111 123 |
▲back to top |
15
RETURN SHOWING THE PURCHASED AND UNPURCHASED INTEREST OF NATITES—continued.
|
Name of Block. |
Name of Claimant. |
Amount Paid. |
Total. |
|
|
|
£ s. d. |
£ s. d. |
|
|
Brought forward ... ... |
|
|
|
Tararu ... |
Additional general payment to- |
|
|
|
|
Eruera te Ngahue ... ... |
20 5 0 |
|
|
|
|
|
20 5 0 |
|
| |||
|
Opitomako |
Rapana, Maunganoa, and others ... |
| |
|
30 acres. |
|
|
|
|
| |||
|
Pukehinau, No. 1... ... ... |
Rapana. Maunganoa |
| |
|
83 acres 1 rood 30 perches. |
|
|
|
|
150 0 0 | |||
|
Pukehinau, No. 2... ... ... |
Hohepa Paraone ... |
| |
|
50 acres. |
|
|
150 0 0 |
|
14 2 0 |
| ||
|
Moanataiari, No. 1 A. ... ... |
Marie Purewha ... | ||
|
11 acres 3 roods 4 perches. |
Watana Tuma ... ... |
14 2 0 |
|
|
|
Tereiti Tuma ... |
... |
|
|
|
Turuhira Rapana ... |
14 5 0 |
|
|
|
Matiu Kaimate ... ... ... |
14 5 0 |
|
|
|
|
|
56 14 0 |
|
57 0 0 | |||
|
Kauaeranga, No. 28 A. ... ... |
Nikorima Poutotara |
| |
|
14 acres 0 roods 25 perches. . |
Pineha Marutuahu ... ... |
31 10 0 |
|
|
|
|
|
88 10 0 |
|
19 0 0 | |||
|
Moanataiari, No. 2 A. ... ... |
Aihe Pepene ... ... |
| |
|
6 acres 1 rood 36 perches. |
Hir awa to Moananui ... ... |
19 0 0 |
|
|
|
|
|
38 0 0 |
|
25 0 0 | |||
|
Moanataiari, No. 3 A. ... ... |
Tanumeha to Moananui. . ... |
| |
|
12 acres 2 roods 2 perches. |
Wiremu Kingi ... ... ... |
25 0 0 |
|
|
|
Mihi Kete ... ... ... |
25 0 0 |
|
|
|
|
|
75 0 0 |
|
3 15 0 | |||
|
Moanataiari, No. 4 A. ... ... |
Pirika. to Ruipoto ... |
| |
|
2 acres 1 rood 24 perches. |
Parata to Mapu ... ... |
3 15 0 |
|
|
|
Pineha Marutuahu ... |
3 15 0 |
|
|
|
Waraki ... ... |
3 15 0 |
|
|
|
|
|
15 0 0 |
|
| |||
|
Moanataiari, No. 4 B. ... ... |
Rapana Maunganoa, ... ... |
| |
|
17 acres 0 roods 8 perches. |
|
|
|
|
| |||
|
Moanataiari, No. 5 ... ... |
Hera te Waunga ... |
|
|
|
6 acres2 roods 10 perches. |
|
|
|
|
| |||
|
Moanataiari. No. 6 ... ... |
Matiu Poono |
21 0 0 |
|
|
3 acres 2 roods 6 perches. |
|
|
21 0 0 |
|
— | |||
|
Moanataiari, No. 7 ... ... |
Aperahama to Reiroa ... |
10 0 0 |
|
|
4 acres 2 roods 38 perches. |
Tanumeha to Moananui |
10 5. 0 |
|
|
|
Pineha te Marutuahu ... ... |
9 10 0 |
|
|
|
|
|
29 15 0 |
|
8 0 0 | |||
|
Moanataiari, No. 8 A. ... ... |
Aihe Pepene ... .. ... |
| |
|
2 acres 2 roods 12 perches. |
Hirawa. to Moananui ... |
8 0 0 |
|
|
|
|
|
16 0 0 |
|
... | |||
|
Moanataiari, No. 8 B. ... ... |
Rapana Maunganoa ... |
| |
|
11 acres 2 roods 10 perches. |
Turuhira Poha ... ... |
23 0 0 |
|
|
|
Pineaha Marutuahu |
23 0 0 |
|
|
|
|
|
46 00 |
|
28 10 0 | |||
|
Moanataiari, No. 9 ... ... |
Aperahama to Reiroa |
| |
|
9 acres 2 roods IS perches. |
Tanumeha to Moananui ... |
28 10 0 |
|
|
|
|
|
57 0 0 |
|
... | |||
|
Kauaeranga, S. 28 |
Hoterene Taipari ... ... |
| |
|
13 acres 1 rood. |
Wirope Hoterene Taipari ... |
|
|
|
|
Rapana Maunganoa ... |
. |
|
|
Whakaruaki ... ... ... |
Hoterene Taipari |
|
|
|
10 acres 0 roods 19 perches. |
|
|
|
|
|
| ||
|
Rangiriri, L. ... ... ... |
Ngakapa Whanaunga and general |
|
|
|
2 acres 1 rood 38 perches. |
claim ... ... ... ... |
34 0 0 |
|
|
|
|
|
34 0 0 |
|
Wiremu to Aramoana Whanaunga |
11 10 0 | ||
|
Rangiriri, H. ... ... ' ... |
| ||
|
5 acres 3 roods. |
|
|
11 10 0 |
|
Ripeka Anderson ... |
5 15 0 | ||
|
Rangiriri, G. ... . . . ... 2 acres 3 roods 24 perches. |
5 15 0 | ||
|
Renata to Kiore ... ... ... |
5 15 0 | ||
|
Rangiriri, F. ••- ... ... |
| ||
|
2 acres 3 roods 24 perches. |
|
|
5 15 0 |
|
|
| ||
|
|
Carried forward |
... |
|
![]() |
4.112 124 |
▲back to top |
G—8. 16
RETURN SHOWING THE PURCHASED AND UNPURCHASED INTEREST OF NATIVES—continued.
Name of Block. Name of Claimant. Amount paid. Total.
£ s. d. £ s. d.
Brought forward ... ...
Rangiriri, A. ... ... ... Kitahi to Taniwha ... ... ... 13 10 0
6 acres 3 roods. 13 10 0
Rangiriri, D. ... ... ... Te Kairaimaina ... 11 10 0
5 acres 3 roods. 11 10 0
Nokenoke, B. ... ... ... Nikorima Poutotara ... ... 26 5 0
13 acres 0 roods 25 perches. 26 5 0
Nokenoke, A. ... ..• ... Matiu Kaimate ... ... ... ...
9 acres 3 roods 11 perches. Rapana Maunganoa .. ... ...
Wiriama Kiritahanga ...
"• ...
Whakaharatau, A. ... ... Raika Whakarongotai ...
7 acres 2 roods 13 perches. Hiria Rotorua . ... ... 15 5 0
Hera Tuhiare ... ...
)
Teretiu to Kupenga --•
15 5 0
Hangaruru ... ... ... Rapana Maunganoa ... .. ... 7 acres 0 roods 20 perches.
Tapuaeouenuku ... ... ... Raika Whakarongotai ... ... 14 10 0
7 acres 0 roods 34 perches. --------- 14 10 0
Whakaupapa ... ... ... Wirope Hoterene Taipari ... ... ...
14 acres 1 rood 19 perches.
Te Tapuae... ... Hoani Nahe and Matene te Nga ... 7 5 0
3 acres 2 roods 11 perches. 7 5 0
Karaka .. ... ... ... Raika Whakarongotai ... ... 53 5 0
17 acres 3 roods. 53 5 0
General Claim ... ... Weremana Konui ... ... ... 5 0 0
5 0 0
Kauaeranga, B. 10 ... ... Parata to Mapu ... ... ... 28 2 6
14 acres 0 roods 10 perches. Waraki to Matapihi ... ... 28 2 6
56 5 0
Kauaeranga, B. 11 ... ... Rupenete Whatuki self and Rehara
8 acres 0 roods 14 perches. Ngawbarawhara... ... ... 32 7 6
Kauaeranga, B. 12 ... Hone to Huiraukura ... ... ... 32 7 6
4 acres 2 roods. Hohepa Paraone ... ... ... ...
Maata Paraone ... -•• ... 2 10 0
Aporo te Kaka ... ... .. 2 10 0
Hera to Waunga ... ... ... ...
Erana Ketu... ... ... ... 5 0 0
Te Kepa to Wharau ... ... 2 10 0
Karapuha ..'. ... ... ... 2 10 0
15 0 0
Kauaeranga, 12 A. ... ... Hone to Huiraukura ...
4200
10 acres 2 roods. Hohepa Paraone ... ...
42 0 0
Kauaeranga, 13 A. ... ... Mango ... ... .. -- ...
15 acres. Ngapari ... ... ...
Tanumeha to Moananui ... ... 15 0 0
Anerahama to Reiroa ... ... 15 0 0
- 30 0 0
Kauaeranga B. 13 ... ... Tanumeha te Moananui ... ..• 5 0 0
8 acres. Ngapari ... ... ... ... ...
Mango ... ... ... --- ...
Poro Koru ... ... ... ••• 5 0 0
Maata Paraone ... ... ... 5 0 0
Wiriata Whaiapu ... ... ••• ...
Hirawa ... ... ... ... 5 0 0
General ;,...:aim far Moanataiari 20 0 0
No. 4-- ... ... ... Te Kemara to Raruahuni ... ••• 3 15 0
Aihe Pepene ... ... 5 0 0
8 15 --
-.2
Total amount paid ... ... ••• £1,351 1 6
...
![]() |
4.113 125 |
▲back to top |
145
17 G.-8. No. 12.
The Hon. D. McLEAN to LIEU-T.-COLONEL McDONNELL.
Wanganui, 30th November, 1871.
With reference to the instructions conveyed to you, in conjunction with Mr. Booth, to make enquiries as to the possibility of purchase from Natives of certain lands for the purpose of settlement, I have the honor to direct your attention to a block between the Mangawera and Wangaehu rivers, estimated to contain somewhere about 20,000 acres. In purchases of this nature, it is of the utmost importance that careful enquiry should first be made among the Native owners as to the prospects of completing the transaction without incurring the chance of any future trouble or disagreement.
You will, therefore, have to pay special attention to this, as the Government do not desire to acquire any land from the Natives, however valuable it may be, if the acquisition is attended with any risk of disturbance or revival of feuds among themselves.
You will proceed to examine this block, and report fully upon its capabilities, whether for grass, or corn lands, for timber, water, and any other points which it is desirable to be fully aware of.
You will also have the goodness to furnish the Under Secretary for Public Works with a rough sketch of it, as accurate as the circumstances will allow you to make, giving its proper boundaries ; and in enumerating the latter, you will be very careful to ascertain that no mistakes can in future occur between the proposed settlers and the Government, but that a clear definition is given of the area with its limits.
You will also give me a clear idea as to what reserves it will be necessary to make for the Natives, in the case of these, discriminating most carefully their acreage. I have to request that you will lose no time in acquiring the information, and forwarding a report of it to the Government.
Should anything in the transactions occur affecting the Natives, I have to request that you will forward to me a copy of the report you furnish to the Under Secretary for Public Works.
I have, &c.,
Lieut.-Colonel McDonnell, Wanganui. DONALD Mc LEAN.
No. 13.
Lieut.-Colonel McDONNELL to the UNDER SECRETARY for PUBLIC WORKS.
Wanganui, 12th December, 1871.
SIR,—
I have the honor to report that,accompanied by a Native, yesterday I rode out to have a look at the Pikopiko block of 3,600 acres. From what I saw, it appears to be a rough and thickly-wooded country, with only a few acres of flat land here and there. The available track to it is from the left bank of the Wanganui river, and a good road could be made this way to it for a trifling, sum. The timber on the block will be valuable for fire wood, as it is near town, and though the land is hilly, the soil is of fair quality. I find on enquiry, that the Natives have only a leasing title to this piece of country. Should the Government think of purchasing, and would wait for a few weeks, or perhaps days, I think some better land might be purchased, to include this block. There are 1,652 acres, Waimatau; 310 acres, Moetanga; and 900 acres, Mangaone. These lands adjoin the Pikopiko, and are near the probable main road to Taupo, and have all passed through the Land Court, with the exception of the 900 acre block; but this, in all probability, will pass this sitting. The whole will comprise a block of 6,462 acres, more or less.
The Natives ask 10s. an acre for the land at Pikopiko, but its value, I should say, would not be more than 2s. 6d. or 3s. an acre. The value of the other lands might be worth about 4s. an acre. I have &c.,
The Under Secretary, Public Works, Wellington. THOMAS McDONNELL.
No. 14.
Lieut.-Colonel McDONNELL to the GENERAL GOVERNMENT AGENT, Auckland.
Auckland, 10th July, 1872. -
SIR,—
I have the honor to report, for the information of the Government, that in accordance with instructions I received from Mr. Clarke, the Civil Commissioner, I proceeded from Auckland to the Waimate, and from thence to Otawa, to make enquiries respecting the block of land named Waoku, offered for sale to the Government by Horn Puatata, Wiremu Pore, and other Chiefs.
I arrived at Otawa on the 25th June, a settlement on the Tahike, a branch of the Hokianga river. I held a meeting with the Natives, and the following morning I left with five guides, who were to show me over the country. About two miles from the settlement we entered the bush, travelled all day in the rain, and camped at nightfall, wet, tired, and hungry. The weather was of the worst description, and had it not been that we were fortunate enough to meet with and kill a wild cow, the fat of which I made the Natives bum for a fire, as there was no wood near that we could get to kindle, I doubt if we could have moved the next day from cramp and the exposure, as we bad neither blankets or other covering; excepting what we stood in. We passed a miserable night. In the morning the Natives bad decided to return. It would have been useless to proceed, if even I had been able, so we returned to the village, which we reached late on the evening of the following day. I again conversed
5-G. 8.
![]() |
4.114 126 |
▲back to top |
1873.
NEW ZEALAND.
REPORT OF THE SELECT COMMITTEE ON THE TIMBER
FLOATING BILL.
Report brought up 9th September, 1873, and ordered to be printed.
THE Committee are of opinion that the power possessed by lower holders on the banks of a creek, to obtain an injunction to prevent the floatage of timber by upper holders, is liable to be abused, to the injury of a most important industry. At the same time the Committee are of opinion that it would not be advisable in some creeks, adjacent to which settlement is progressing, to permit the driving of timber except under stringent regulations.
The Committee recommend that the Bill- should contain provisions by which it may be decided from time to time by competent authority what creeks shall be used for driving timber, and by which prompt compensation may be paid in case injury is done to holders of land on the banks of creeks.
The Committee recommend that the Act should apply only to creeks within any Province which from time to time the Superintendent of that Province shall appoint, with a power of revoking such appointment.
That only persons licensed so to do should float timber under this Act, and that licensees should give security adequate to meet the claims of any persons whose property they may damage.
JULIUS VOGEL,
Wellington, 9th September, 1873. Chairman.
MINUTES OF EVIDENCE.
THUESNAY, 2nd SEPTEMBER, 1873.
WILLIAM SWANSON, Esq., M.H.R., examined.
The Chairman:] You are a settler in the Province of Auckland, and have some experience in Mr. Swasson, the matter to which this Bill refers ? Yes.
If we shut up this floating of timber 'down these creeks, would we not prevent forests from 2nd Sept., 1873. being utilized in many cases ? I do not think you would. I do not see that there would be any difficulty in bringing the timber out by ordinary roads or by tramways. My experience in getting timber out is confined to my own creek, Henderson's Creek, and Canty's Creek. What the position may be in other places, I cannot tell, but I do not think it would be difficult to make arrangements with the owners of land generally.
Are there not forests where it would be difficult to take tramways, but where the timber could be easily got out by floating or driving it down the creeks ? There may be.
You speak of your experience in certain creeks ; would it have paid you as well to have made a tramway as to have floated out the logs ? No ; it would not have paid me as well. I had not 'the means to make a tramway when I began. All the land on the creek belonged to the Government, and it was quite impossible for me to do any damage. Soon after settlers came below me: I had to stop. It paid me better to float the timber down.
5. Mr. Rollestonj In any circumstances, the timber must be rolled for some distance. Could it , not as easily be put upon a tramway ? I believe that I could have taken the timber out by tramways, and still had a balance left in my favour. The profit would not have been so large.
G. The Chairman.] Would you have had any profit at all? Yes; I would. I would have had to make a road four miles in length.
7. Are there not some forests twenty miles from where the logs have to be sawn ? There may
be ; but I am not aware of it.
![]() |
4.115 127 |
▲back to top |
2
I.—2.
Mr. Swanson.
Sept., 1873
What is the longest distance they drive timber down? I do not think anything like twenty miles. I have not seen any timber driven that distance. In many cases months may elapse before a fresh comes sufficient to bring down the logs. It sometimes may happen that a man may take a license, and cut down the nearest trees in the bush, and then roll them into the creek to be brought down by the first fresh. When the logs are driven down they may be left aground on land belonging to a different owner.
Mr. Rolleston.] Would it not be practicable to take the mills up to the forests, and the timber down cut ? They are doing that in some cases; it is the best plan where practicable. bring system of driving, however, was so cheap, and answered the purpose so well for the owner of the timber, that it was theplan generally adopted.
The Chairman.] What is the average size of these streams ? The streams on which dams were erected were generally small streams, and the dam made to aid the natural rise of the water ; and when these dams were filled the water was let go by opening the gate.
Mr. Rolleston.] As a rule, you think that tramways could be constructed so as to get out the timber ? Yes ; I am satisfied the timber could be got out by tramways. I believe that tramways would ultimately be-far more profitable ; they would certainly be more profitable to the country, and far more timber would be got out by their means.
Mr. Gillies.] Is not timber now cut in places where they could not take tramways to bring it out ? I have never yet seen the place where a tramway could not be taken, if there was timber enough to make it worth while. I can easily understand that there may be little patches here and there which it would not be worth while to take a tramway to ; but if there is plenty of limber, it will pay to get it out by a tramway, and infinitely more will be taken out.
The Chairman.] It has been suggested to alter the Bill so that no one should have a right to float timber without a license from the Superintendent ; that the . Superintendent should declare a creek subject to the provisions of the Act ; that before licenses were issued regulations should be made; and that persons holding licenses should deposit security to cover any damage that might be done to existing holders ; and finally, that an easy remedy should be given to persons having property on the stream. How do you think that would act ? When a man commences cutting, he might not be able to do damage to the extent of sixpence. But farmers, wool scourers, tanners, and other businesses of that sort may be established, and his stakes would have to bo increased with every one who came below him, and with everything they did. A farmer might come below him, and in a single night the whole of his soil might be washed away.
Are there not creeks which might be used for this purpose which are not available for agricultural purposes? There may be. Mr. Henderson bought his creek from head to foot, so as to prevent any claims from persons below where he cut his timber.
Mr. Gillies.] At those saw-mills of Captain Daldy at Waikawau, at Cabbage Bay, and at other creeks on the Coromandel Peninsula, there is very little flat land which could be used for agricultural purposes ? I do not know much of those places. It seems to me that the fair way would be to treat these mill-owners precisely as any company would be treated, and let them give notice to the owners of property on the banks of the streams they wish to use. This is a matter I considered years ago, and we tried to get a measure passed so that for the future forests would be sold with these rights. The Provincial Solicitor, Mr. Wynn, was quite willing to go into the matter, but we found that much more would be lost than would be gained. The obstacle was not so much the mischief which would be done as the good which would be prevented, as all operations below would be paralyzed. Any deposit that would be put down would remain stationary-, while all manner of improvements would be increasing. A large bush would fetch much more if sold with these rights ; but the land below would fetch a great deal less. I think these mill-owners ought to be put in the same position as private companies, and if they want these rights in regard to particular creeks, let them come to the Assembly or to the Provincial Council and seek for them, after having given due notice to the parties whose rights are affected, and giving them the opportunity of opposing. I am perfectly satisfied that those residing on creeks where no harm could be done would not object, or would be very easily settled with.
Mr. Kelly.] A man might acquire an acre on a creek and prevent any person from taking timber down ? If the Government give a man rights, then the company would have to buy him out under an arbitration as to value.
Suppose that no injury was done to him ? Then be would have no claim for compensation. A man may have his house near one of these creeks, and there may be above a " jam" of logs, which will be a perpetual source of terror for months: A fresh may come at any time, night or day, and sweep away the house, or any crop he may have on the land,, especially if it is cut ; and there is no protection in this Bill. This Bill ought to have been circulated through the Provinces to give a chance to those interested in the banks of the creeks of petitioning against it.
Mr. Rolleston.] Would you say it was a question of capita], and that for a man of capital it would be a more economical and better way to get the timber out by a tramway ? Yes ; and it would certainly be better for the country, as much more would be got out. The timber would not then have to lie in the creeks for months, sometimes for years, rotting ; it would be cut only when it was wanted, and in such lengths as were wanted ; and much of the tops of the trees, which are now wasted, could be used. I am aware that timber has been and is now being got out by means of a tramway. Mr. Gibbons has a mill on one of the Education Reserves, and he is now making a tramway to bring the timber out by, and on this tramway there is a tunnel. By this a large quantity of timber will be made available. Mr. Gibbons is a man who thoroughly understands his business.
If the suggestions that; have been made were embodied in the Act, do you think people would be able to avail themselves of them ? A man might buy apiece of laud on which the fern was growing, and where, so long as that was the case, but little damage could be done, but after he had ploughed it, the soil might be carried away altogether, or the crop, if one was on the ground and not secured. The' deposit, which might have been ample when the man took out the license to cut the timber, would be quite insufficient, or would require to be continually changing with every day's work, and every • pound of expenditure on the part of the owners of the creek below. When I went on to the creek
![]() |
4.116 128 |
▲back to top |
3 I.—2.
where I cut timber, £10 paid to the Government would bare been sufficient for all the damage I could possibly have done, while £500 would not have been sufficient on the day I left.
Mr. Kelly.] Are there not streams which have been used for twenty years for bringing down timber, where no injury has been done? In streams which have been used for that time, the floods are not likely to rise above the banks. The effect of the driving would be to widen the bed of the stream, so that the stream would not be so likely to get over the banks. But a bush must have been very sleepily Worked not to have been worked out before that. There is generally very little trouble in dealing with the people living on the banks of these streams, unless where they are liable to great damage, or the land is flat or low. It is of importance to keep the logs in the stream, and the people are generally ready to aid in pushing the logs in the current, or in calling the men if a jam takes place, and to assist in breaking it up while the flood lasts—that is, always supposing there is a good understanding between the parties.
Mr. O'Conor.] The security that would be required, if security had to be lodged for possible damage, would be so great as almost to make it impossible for any party to avail himself of the Bill for the purpose of getting timber out? I say that legislation in this direction, without notice to the parties affected, is vicious and wrong. I think it wrong to deprive men of rights which they have got and paid for, without warning, and to confer rights on men which they have not got and have not paid for, without any equivalent either to the country or to the individuals liable to be injured. Any legislation of this sort ought to be prospective, and not retrospective, for if this Bill becomes law, and any damage is done, and the person affected fails to get compensation, he might come to the Assembly, and he would have a good claim on this House for any loss he has sustained through its action. It must be remembered that the owners of the mills are generally richer men than the farmers, and also that in many cases the men cutting the timber have no interest in the land, but are cutting on a license or lease, or sometimes by contract.
Mr. Gillies.] Is it not a fact that at many of those streams there are no settlers at all, except the mill-owner and those employed by him, and that there is very little flat land upon which settlement is likely to take place? I am not sufficiently acquainted with the country to say, but in those cases it would be easier for the bushmen to settle with the people below. If there were no settlers, there would be no trouble. I think mill-owners should be dealt with exactly as a gas company, and that they should be made to give notice if they seek to invade ether people's rights. It must be remembered that a fresh might come at night, and that damage might be done which the parties could not prove at all. The Bill provides that no damages can be got unless they can be absolutely proved.
Mr. Swanso
2nd
THURSDAY, 4TH SEPTEMBER.
Mr. JOHN SANGSTER MACFARLANE present, and examined.
The Chairman.] The Committee do not want to know as to any particular case, but as to the general applicability of this Bill? The Bid is framed to apply to every mill in the Province of Auckland, except those where the mill-owner owns all the land down to the sea. It is required for every mill except in those eases. In some cases timber comes thirty or forty miles from the forest.
The Committee has been informed by evidence before it, that many forests could be served by tramways, and that to bring the timber down the creeks is a wasteful way? In some cases tramways are used to bring the logs to the creeks, but the mills are at the bottom of the creeks where the ships have to be loaded. Tramways are not used to any extent, except at the Hauraki mill.
If you take the case of Whangapoua as an instance, is it not practicable to take a tramway down that creek to a place where the timber could be shipped? It would be utterly impossible. The The timber is at least thirty miles from the mill, reckoning the circuit in which a train could be made. It grows up in gullies, and would have to come down a long flat, with mangrove swamps, and mud and shingle.
What is the distance which the timber is now floated down the creek? I should think now about twenty miles.
And you say it is not possible to get a tramway up? It is utterly impossible. Some of the mills might make a tramway for some distance, but it would be impossible to take them into the creeks where the timber grows, excepting at a cost exceeding value of timber.
Mr Rolleston.] What is the elevation of the places where the timber is growing at Whangapoua? The elevation is becoming greater the further we go back. It is at a moderate elevation now, perhaps about 500 to 1000 feet is what I am told; but I do not know exactly, though I visited the creek.
The Chairman.] Why is it impossible to take a tramway up? There are large mangrove swamps, and the tramway would have to run round the heads of the bays. From the mouth of the creek round the bays would be about ten miles.
The Committee wish to know, not whether tramways could be made to the sites of particular mills, but whether it is not practicable, the saw-mills being placed amongst the timber, to bring the logs down by tramway? I have been thirty years in this trade, and I know no mill, with the exception of the Hauraki saw-mill, where tramways would be of any use. It would not pay to bring the timber out by a tramway at Whangapoua. There are £20,000 worth of timber in that creek, and it would not make a tramway. At the very next creek to Whangapoua, Opitonui, which is held by the Messrs. Harris, who oppose this bill, it would be impossible to use a tramway. It is the same at Roe's mill, at the Huia, and at Whitaker and Russell's immense mill at Shortland, Mercury Bay mills, Tairoa mill, Wangaroa mill. and all others, where the logs have to be brought, in some instances, fifty miles down the creek.
Mr. Swanson, who has been examined, said that he could not imagine any place where the timber was driven more than twenty miles? At Messrs. Whitaker and Russell's mill the logs are brought fifty miles.
Mr. Macfarlane
4th Sept., 1873.
![]() |
4.117 129 |
▲back to top |
1.-2.
4
Mr. Macfarlane. 4th Sept., 1873.
Mr. Rollesion.] What is the condition of a log that has travelled any great distance in the creek ? A few of them will have the bark off.
What sort of sized creeks are these ? Small creeks, which are dry part of the year. The logs
are brought down by the freshes. At John Gibbons' mill, on the Thames, the timber is brought a distance of ten miles. At neither of these mills is it practicable to use a tramway. A survey was made at Gibbons' mill to ascertain if it was practicable, but the report was that it was not practicable on account of the expense, which would be enormous.
The chairman.] It is alleged that driving the timber by natural freshes is liable to do damage where there are farmers settled on tho banks of the streams ? No such thing. In all my experience I have never had but one claim. When a claim was made upon Mr. Roe for £2,000 damages, I immediately went and made iuquiries, and bought the land from the mortgagee, so that Mr. Roe could go on working his mill. So little did I think of it that I have never asked Mr. Roe for one shilling.The claim was for £2,000, said to be for injury to the banks.
Mr. Kelly.] What did you pay for the land ? £300. It was mortgaged to the Bank of Australasia for £500. There were 800 acres of it.
30. The. Chairman.] In those creeks which you have spoken of, where there are saw-mills, there are no farms which might be ruined? There are no such things as farms ; still, I should like to see the clauses I have handed in put into the bill for providing compensation.
In your opinion, there are no creeks in the Province of Auckland where damage is likely to be done by the floating of timber ? No, not £50 damage could be done.
Would there not be danger in some cases to persons living on the banks of such streams? Not at all ; I never had a complaint until this case at Whangapoua. Roe's was the second complaint I ever heard. I never heard of any danger of any description.
Mr. Kelly.] Where the saw-mills are at present situated there are no small farms? There is no cultivation at all on any creek on which sawing timber is carried on that I know of.
Mr.Rolleston.] All these forests you speak of arc of kauri ? All except the forest used by the Hauraki saw-mill, which is of kahikatea.
Mr. Kelly.] How many men do you think are employed in the North Island in the timber trade. It is a very large trade, taking into the account the vessels employed ? It is the trade of Auckland.
If such a Bill as this were not passed, would the trade be greatly injured ? I tried last session to get such a Bill passed. This matter has cost me thousands of pounds already. If I could be stopped, it would be ruin to the forest and the mills.
Mr. Rolleston.] Would this Bill prevent pending proceedings in any way? No the Bill pro- ' vides for payment for damages. It says that if any damage is done, it must be paid for.
It could not interfere with any action now before the Supreme Court? No, It has always been thought legal to use these creeks. Mr. Gillies maintained that it was legal to work these creeks without legislation so long as dams were not used. The Judge of the Supreme Court decided that it was not legal to use them without legislation.
Mr. Kelly.] Can you give the Committee any idea why Mr. Harris opposes this Bill ? He simply opposes the Bill for this one creek. He has got some flat land at the bottom, and he opposes the Bill simply to shut up my forest. This Bill merely legalizes the floating of timber down the creeks, so that the forests may be worked.
46. The Chairman.] Would this Bill prevent Mr. Harris from recovering any damage he may have hitherto sustained? Not at all. He has applied for an injunction to prevent the logs coming down. This Bill would prevent him from getting an injunction, but still enables him to recover any damages.
Have you got any report of the remarks made by the Judge at the trial ? I was at the trial myself. The Judge saaid it was a nice point. He said he hoped it would go to the Privy Council. He said he would rule that these rivers could not be used for floating timber without legislation. He said he hoped the matter would not rest there, but would be taken not only to the Court of Appeal; but to the Privy Council.
Did he indicate anything with respect to the legislation ? He said nothing but legislation would do.
Mr. Ormond.] What damage is done to the timber by floating it down the creeks ? There is no such thing as waste. If it cannot be taken down by floating it, thousands and hundreds of thousands of pounds worth of timber will be valueless.
The Chairman.] What percentage of loss is there on timber floated as compared with taking it down by a tramway ? How much is lost by the logs going out to sea, being distributed over land, by damage on the way down, and by rotting ? Logs are frequently left to rot. That cannot be helped. I have examined thousands of logs at the booms; and never saw any damage. On one occasion a number of logs went to sea at Whangapoua. Harris had an injunction against certain logs being touched, but they floated and went to sea. But at all the saw-mills there are booms which prevent ,the logs from going to sea. I do not think there is 1 per cent. of loss from floatage.
Do freshes not sometimes take the logs to sea ? These booms are fastened by enormous chains, so as to prevent freshes from taking the logs to sea, and they do prevent it, unless in exceptional cases.
Mr. Ormond.] How do they prepare the logs before floating them to the mill ? The bark is kept on. The bark and sap arc worth very little. The logs are simply cross cut.
What proportion of waste do you think there is from timber remaining in the creels—from the logs that rot ? I can hardly say. It is bad management when there are many logs rotting in the creek. Sometimes a man will fell a tree, and find that it is a bad one, and that it would not pay to take it down.
Mr. Rolleston.] I have seen a great number of logs lying squared in the Hokianga River. Were these squared before they were brought down ? Yes. These are squared for export. When these are felled, they are dragged out by bullocks. These trees are got close to the river. They have never been driven down. They are too valuable to be cut at a mill, but are exported to Australia and China.
![]() |
4.118 130 |
▲back to top |
5 1.-2.
Macfarlane. 4th Sept.,
Mr. .Kelly.] You are aware that certain Natives have petitioned against this Bill ? The Natives have been misinformed about the Bill. They do not know the nature of the Bill.
Have you bad any conversation with Mr. Swanson about this Bill ? Yes. Mr. Swanson has urged me to enter into partnership with Harris. That has been the burden of his song. He told me that he would not oppose the Bill. He said not to call upon him for evidence.
The. Chairman.] Without going into the particulars of this case of yours, was there not some protest signed by the jury to be put in ? The jury said that Craig had been robbed of his logs. That has not much reference to this case.
Mr. McGlashan.] Speaking of tramways, would not some of these logs be of such length and weight that a tramway could not carry them ? A tramway could be used for kahikatea logs, but not for a kauri forest. We sent a surveyor to one forest nearest to the sea on account of certain parties in Melbourne, and he reported that a tramway would cost thousands of pounds.
The Chairman read a portion of Mr. Swanson's evidence with reference to the danger to the dwellers on the banks of streams when logs were driven down.
Is there no danger to the neighbouring land ? I never heard of such a thing. I have been thirty years in the trade. I am the mortgagee of five different mills, and have £30,000 invested in mills. I never had a claim except those two I have mentioned. I take a part in the management of those mills, and export all the timber. I would wish the Bill to provide most ample security for damage. I say that evidence of Mr. Swanson's is utterly wrong. There are no farms or houses on any kauri creek I know.
Mr. McGlashan.] I understand you to say that unless this floating of timber is allowed, these forests will practically be shut up ? They will not be of a quarter the value they otherwise would have been. These people who own the land on the creeks could get them at their own price.
The Chairman.] I understand you to say that Harris is the owner of the land below a forest in which you are interested ; you say that if you have not the right to float timber down, your forest would be absolutely useless ? Yes. Harris got half a chain across the river. The land he has got on one side of the river is not worth £5. My forest would be perfectly valueless if I had not the right to float timber. There are £20,000 worth of timber in the bush.
Have you any tramways up in the bush ? It would be impossible to make tramways. A few light rails are put down to move the logs, but these cannot be called tramways. The rails are shifted about to get logs into the creeks.
The forest at Whangapoua was bought ten years or more ago, and the mill then built at a cost of over £6,000. Harris got the land or mud bank at the bottom of the creek lately ; it was considered valueless till he bought it, and is worthless now excepting to use as an instrument of extortion.
Mr. Brissendes. 4th Sept., 1873.
THURSDAY, 4TH SEPTEMBER.
Mr. E. T. BRISSENDEN present and examined.
The Chairman.] You have some evidence to give the Committee with respect to the floatage. of timber ? I have had a great deal of experience in the matter, to some extent in the Province of Auckland. I have read this Bill, and in respect of making the creeks the highways for bringing down timber, I do not see any other way of utilizing the forests. From the frightful expense of making tramways, it would be impossible to utilize the timber. I have had experience in respect to tramways in California and other parts of the United States. In these places, the timber was sometimes got down by fluming, but usually the creeks are made use of. The tributary creeks were made use of as driving creeks. At the Tairua mill, which I visited in connection with a proposed purchase by some Melbourne people, there are 52,000 acres of forest running right through to Katikati. Of the large quantity of timber there, there is very little on the main stream. \_ The timber is mostly near small streams, which for nine or ten months in the year are chains of insignificant water-holes, and a flood would hare to be waited for. But on account of the rough nature of the country, tramways could not be used. Any tramway would have to be like a railway in point of strength and expense.
Mr. McGlashan.] What would be the expense of a tramway per mile through such a country ? It would cost £7,000 per mile. You can only penetrate the country by following the bed of the watercourses.
Supposing the land fit for a tramway, can you give any idea of the expense it would be ? Probably £2,000 a mile. Any tramway for such a purpose must be a good substantial railway. Of course wooden rails would be used, but it would be expensive, as it would have to be thoroughly substantial. In many places it could not possibly be done, because the fall is too great, and the waggons could not be got back again. I may say that I have no interest in this matter. I was only asked to look at the Tairua forest by people who were prepared to offer a large sum for it. I was asked as to a tramway and the watercourses ; and I pointed out that, as to the latter, people might have land further down, and if logs got on their land they might have a claim for damages, and might stop the channel altogether.
Did those people you speak of refuse to go any further on account that ? That was one very great obstacle.
Mr. Kelly.] How many miles is the end of the forest from the Tairua? I should say about thirty miles at the extreme.
Would it cost as much to construct a tramway as the timber was worth at the end? I do not believe you could get a tramway at all, as in many places you could not get the trucks back. There are a number of precipitous gullies.
Mr. O'Conor.] You state that the weight of the logs would be a great obstacle to the working of a cheap tramway. In all your evidence I understand you refer to one particular place ? No ; 1 have been at Kaipara, the Wairoa, and at most of the bushes in the North Island. In some places
![]() |
4.119 131 |
▲back to top |
![]() |
4.120 132 |
▲back to top |
7 1.-2.
represented to the Committee, that until quite lately, it has always been supposed, in the Auckland Province, that people were free to use the creeks, being liable only for the absolute damage that might be done by driving, and that they could not be prevented by injunction from using the creeks. Further, it has been represented to the Committee, that if a holder upon the lower part of a creek can, as appears to be the case, by injunction, prevent holders on the upper part from using the creek for timber floating, an immense injury may be done to a very large and useful industry—that it may, in fact, be entirely paralyzed. Again, it has been represented to us, that no such result would follow from preventing floatage, because, in all important cases, tramways could be used with greater general advantage and less waste than is possible in driving. That is an outline of the conflicting evidence put before us ; and the Committee will be glad if you will give your opinion upon the several points involved ? I can speak as far as my own experience goes. There were three creeks leading to my forest. I had land on both sides of the creeks—bought it on purpose, in fact, so as not to be prevented from driving from my own forests. But I believe now, from all I know, that, if I had to begin the thing again, I would not drive timber by the creeks. For this reason—the only really valuable portions of my land are on the banks of the creeks—in small bottoms, and little patches on points. To allow timber to be driven now, in any other way than by natural freshes, involves the risk of the best land being carried away. At the time I speak of, when I used to drive, there were no cultivations at all near the streams, and what was done did not matter much to anybody. But I can see the effect of it now. The main creek is three times wider than it was, so that a vast quantity of land must be carried away, or have been carried away. Where driving is confined to natural freshes, there is less risk of damage than where dams are used. Because, when a dam is filled, and there is, perhaps, a large lot of timber which has been lying in the creek for months, and a fall of rain commences, to avail of such there is a great temptation to let everything go at once, and to take the chance whether or not a great deal of damage is done below.
Then are there no creeks upon which you would consider it desirable still to allow the driving of timber ? It would be desirable in many cases, so long as the parties are agreed. On my creeks I could have stopped it possibly, but I did not do it. I didn't want to stand in the way of prosecuting an industry. I would stand in the way now, though, because I will not have the risk of injury to property.
Do you think it right that a lower, holder on a creek should be able absolutely to prohibit the use of the stream by upper holders, if he chooses to do so ? It has been a right hitherto. You might legislate for the future and make it conditional.
If an upper holder were willing to pay for any damage he might do by driving, would you allow any lower holder to say, " You shall not drive ?" I don't think anybody would really stand in the way.
But that is the whole point. I wish to know whether you think there should be an absolute power, by an injunction, to stop driving, or whether you think it would be enough if persons so using a creek were compelled to pay for any damage done ? The difficulty is, Who would pay for damage ? The real owner of the timber by which it was done, or which was coming down when it was done, you. might not be able to reach.
But we propose to allow creeks to be used only by licensed persons, and that they shall deposit ample security for the payment of damages. Would that meet the case ? That would : or getting some responsible persons to enter into bonds.
That is proposed : that there shall be substantial bonds given. Those who use creeks must be licensed, and they would be answerable for the consequences of the acts of their servants ? Yes. But, still, I must say that if I had to begin again, I would not drive timber. I think it is the least profitable way of doing the thing.
Would you say that that applied to all creeks ? To all I have seen.
Mr. Macfarlane told us that he had, in one case, to send timber down thirty or forty miles. Would what you say apply there ? Thirty or forty miles. I think that's a stretch. I don't know of any timber creek that length, where you would have to float timber that distance.
Major Atkinson.] How would you get timber down, if not by driving ? By tramways.
Mr. McGlashan.] Could tramways be made available in all cases ? I think so. Ours was as rough a bit of bush as there is in the country, probably. We had tramways.
To get the timber out of the bush ? Yes; but there would be no great difficulty that I see, in extending the tramway to salt water.
What is the comparative value of the land destroyed, and of the timber taken off the land, say in the case of your mill ? Well, I don't know that any land has been absolutely destroyed—except what has been carried away. As to value, that would entirely depend upon what is on the land. There may be £20,000 'worth of property on the land, and there may not be £20 worth. There is this danger, that if logs weighing two or three tons, as I have seen them, are coming down stream, and there is a mill on the banks, things connected with the mill, or the mill itself, may be struck by the logs and carried away. We had a fresh in our own creek that swept away living trees, booms, dam, and very nearly the mill. On that occasion, some 500 or 600 logs were swept out to sea ; and had it not been that a large tree got across the dam before it gave way, nothing could have stopped the mill being swept off. It's a very difficult question to deal with. On the one hand, it would be a great pity to stop such an industry by the liability to have driving prevented; but, on the other hand, I would never drive timber in creeks myself now. You see there are so many disadvantages that are only known by experience. In the first instance, you have to get timber ready in the creek for a fresh, or something to fill the dam ; and there it may lay for months, or for years, just rotting. By cutting timber in the bush as you want it, and bringing it out by tramways, you get it to market fresh, and so much the more valuable. In our creek we cannot get any length of timber down ; and when timber is long, it is worth perhaps twice as much as if it was short.
Mr. O'Conor.] I understand you to say that the loss on floatage of timber is very great, even on what is absolutely floated down ? Yes.
Hr. Henderson.
5th Sept., 1873.
![]() |
4.121 133 |
▲back to top |
Mr. Henderson.
6th Sept., 1873.
1.-2. 8
And that a great quantity of what is put into creeks is swept to sea, and lost altogether ? Occasionally.
And that what is safely floated down does a deal of damage on its passage? Yes.
The Chairman.] Even with booms ? Even with booms ; it carries booms and all away, often.
Mr. O'Conor.] Is there any truth in what has been stated that sometimes losses at sea have been supposed to have occurred from vessels striking against great trees that have been washed down out of floatage creeks ? It may have occurred. These great logs striking against a boom, the boom goes, and anything within the boom must go, too.
What proportion of floated timber is lost ? I have no idea. I know that we were once after a lot of timber for six months, and then we did not get it all.
But the loss is very great ? Considerable. I think there is always great loss from its laying so long for artificial freshes. Besides, if timber is floated by natural freshes, there is not so much damage ; but, of course, the inducement to build dams and use artificial freshes is to get a lot of timber down quickly.
Major Atkinson.] You think there is less damage done in driving with a dam ? No, more ; because there is such an immediate rush of water. A natural fresh drives the timber gradually.
Mr. O'Conor.] Is any timber left in forests when they are cleared by means of floatage ? Oh, yes ; all the heavy timber—totara, rimu, and rata, and many other woods remain. Of course, those kinds are carted out occasionally.
-
Major Atkinson.] Don't you drive totara ? No.
Nor rimu , No.
Mr. Ormond.] Why ? Because it sinks.
Mr. O'Conor.] You say, there is no getting long timber by floatage ? No. I tried the experiment once, to get down 60-feet logs or lengths ; but it caused a jam that took us eighteen months to get rid of. The longest we could send down with safety, was 24 feet.
Regarding the timber of the country as public property, by which method could it be utilized to the greatest extent—floatage or tramways ? That would depend upon the features of the country. In some places, they might not be able to get tramways.
Mr. Kelly.] Have you seen any of the East Coast mills ? No.
Mr. O'Conor.] Speaking of your own knowledge, which would be the most useful system, with the view of ultilizing the greatest quantity of timber ? I can only offer an opinion as to my own forests. But from what I have seen, I say that anywhere where it was practicable to construct a tramway I would not drive.
Major Atkinson.] Can you name some of the mills you have seen, and as to which you have formed your opinion ? I only know my own.
The Chairman.] Is your knowledge confined to your own creek and mill ? Principally. I have been to other mills ; but I have not been much amongst other people's forests or hush.
It was given in evidence yesterday, that there are some saw-mills supplied with timber by using creeks, but to which the timber could not be brought by any other means, except at a cost that would make working impossible ? That might be.
Can you say whether that is correct or not ? I cannot.
Mr. Henderson was thanked by the Chairman ; and he withdrew.
Major Wilson. 6th Sept., 1873.
FRIDAY, 5TH SEPTEMBER, 1873.
Major JOHN. WILSON in attendance.
121. The Chairman.] You have some evidence to give to the Committee, I believe? I do not know whether it might be worth while to take down what I have to state. It is not evidence really connected with the Timber Floatage Bill. I simply wish to make a statement to this effect: Te Waharoa and Te Raihi (two Waiketo Natives) came to me and told me that some Natives, including Karaitiana, and some whites, had been telling them that the Government wished to take. their rivers from them by this Bill. They explained to me what they meant by this. I told them that, as far as I knew, what was desired was simply to allow people who had timber or crops, or anything of the kind, inland, to bring the things to a market—that it was meant to make rivers highways, the same as roads, but that it was certainly not meant to take the rivers away from the Natives. That seemed to satisfy them, though they had been very dissatisfied before. I have no evidence to give respecting the Bill as a Bill. I have no knowledge of floatage or anything of the kind.
Major Wilson was thanked, and he withdrew.
J. MUNRO, Esq., M.H.R., to the CHAIRMAN of the TIMBER FLOATING BILL COMMITTEE.
SIR,— Wellington, 8th September, 1873.
In answer to your question, "if I was aware that a lawsuit took place on the question now before the Committee," I beg leave to state that I am fully aware of it, and although residing at a distance from where the action took place, anxiously waited the result, not from any personal interest I had in either of the litigants, but the question was a dark and novel one to the general public, and with the decision of the learned Judge I was not disappointed.
* These whites communicated with Kareitiena and other Natives, and they, in turn, with To Wabaroa and Te Raihi.
![]() |
4.122 134 |
▲back to top |
9 1.-2.
In my humble opinion, it is not only "expedient," but absolutely necessary, to legislate on the subject for the Colony at large, as it is most probable cases of the same kind as that which has engaged public attention in the Province of Auckland, may occur from time to time, if not prevented by legislation.
The present Bill, even in the absence of any improvement, will have my support. I will, however, as suggested, point out, at the conclusion of this report to your honorable Committee, such amendments as in my opinion will make the Bill more practically useful towards the end aimed at, without damage to private interests.
In reference to my opinion of what I have seen of the evidence that has already been taken before your honorable Committee on the Timber Floating Bill, I need not refer much to any of it, except that of Mr. C. A. Harris, jun., which is now in print before me. In my opinion, Mr. Harris has been unfortunate in taking the laws of Nova Scotia and Canada to his aid, for these laws on the subject are in direct variance to the sentiments he shows forth in the first and second clauses of his printed evidence, and the whole tenor of his evidence throughout is contrary to the spirit and intent of the Canadian and Nova Scotian Acts.
The law of Nova Scotia, with which I am more practically acquainted than the Canadian, is not made to protect private property from the timber driver, although laws are added to respect it, for the evident purpose of both Acts is to protect that industry from the unreasonable and unscrupulous demands of owners of private property. The Nova Scotian Act is framed for two different purposes ; first, that no mill-dams offer obstructions to taking logs down streams ; that they must be provided with sluices having a clear passage for the timber ; and although the private property should have been bought for one hundred and fifty years, the law is 'equally operative as if bought after the Act passed, Mr. C. A. Harris junior's theory to the contrary notwithstanding.
The second object of the Nova Scotian Act is to secure at all dams, at certain seasons of the year, a free passage for fish going up the streams to spawn. Mr. Harris, in saying that logs may at times be scattered over the flats, reminds one of Mark Twain's story of one farm slipping down on top of a neighbouring one : how the question of compensation was settled by the owners, I forget ; perhaps , we might get a precedent from it. If a man care for nothing else but self, and be altogether indifferent to another's loss, a shower of kauri logs would not be a thing to be dreaded, as the owner of the land could pay himself for the damage done to his flat fields.
I see no difference between timber-driving in New Zealand and in Nova Scotia, only that the logs here are larger ; the floods of the latter rise as high as they do in this country, the waters have an equal rapidity and force in both, and the rivers of Nova Scotia along which timber was floated, ran along well-cultivated flats, there called " intervals," and very easily damaged ; yet, although thousand on thousand tons of timber had been taken down, I never heard a complaint, or damages claimed, To show reasons from my own experience in that country why I should be anxious to see a law of this kind enacted in New Zealand, I submit the following circumstance :—A man in Nova Scotia (no matter who) contracted with a party to supply a large quantity of hard wood squared timber. The timber was cut on a small branch stream, about fifteen miles from the sea, and to be delivered in a boom convenient for shipment. When the workmen got the timber half-way down, it was stopped by a settler who. owed some to the purchaser, for although the main river was legally open, this branch tributary was not. The merchant at once appealed to the session of the peace for the county, who declared the stream legally open for the passage of lumber. In the meantime the water had subsided for the season, and it was twelve months before the timber could be shipped and sent to market, besides the inconvenience and loss in not having it down in time for the ship intended, all caused by the revengeful disposition of one person, who, although he (dog-in-the-manger like) was gaining nothing himself, was causing great loss to all concerned.
No doubt incidents of the same kind will occur in New Zealand, unless prevented by legislation ; and although I have no personal interest directly or indirectly, nor do I expect to have in the short space of time that may still be allotted me of life, yet I should much desire to see a law passed that would open all the rivers and streams of the country, and make convenient, without interruption, to every- one engaged in that laborious and useful industry, the lumber trade, which is only yet in its infancy.
I would suggest that some alteration be made in the last clause of the Bill, which would simplify it, and allow it to be more conveniently put in operation, divested of the usual circumrotation from Governor to, perhaps, a careless or partial vice-regal Superintendent of a Province, the usual process reminding one forcibly " of what comes over a certain gentleman's back having to pass again under his belly." Let the administration of the Bill, as soon as it has received the Royal assent, be intrusted to the Petty Sessions or Road Boards of the districts, empowering them to open any stream or creek within their bounds, and award damages to the amount of real actual damage, without expenses (the chance of any claims, a figment), as the Bill already wisely provides. The hue and cry making against the passing of so reasonable and necessary a Bill as the one in question, I have no doubt your honorable Committee will understand, although I do not. However, in conclusion, I have only the wish that your honorable Committee will recommend the Timber Floating Bill to the House, and that it will soon become law in the lands.
I am, &c.,
The Honorable Chairman of the Timber Floating Bill Committee. JOHN MUNRO.
By Authority: GEORGE DMSSURY,, Government Printer, Wellington.-1873. [Price 9d.]
![]() |
4.123 135 |
▲back to top |
1875.
NEW ZEALAND.
CLAIMS UPON LANDS TAKEN OVER BY THE PROVINCE OF
AUCKLAND FROM THE GENERAL GOVERNMENT.
(CORRESPONDENCE RELATING THERETO.)
Presented to both \_Houses of the General Assembly by Command of Ms Excellency.
No. 1.
His Honor the SUPERINTENDENT, Auckland, to the Hon. the COLONIAL SECRETARY.
SIR,— Superintendent's Office, Auckland, 19th May, 1875.
I have the honor to submit, for your consideration, a proposal for modifying certain arrangements authorized by the Minister for Public Works on the 4th March, 1872.
Mr. Mackay, who had apparently been acting as a private agent, was at that time about to be employed by the Government in the purchase of Native lands, and he, in his letter to the Minister for Public Works of the 24th January, 1872, suggested, in reference to the large blocks of land which he was to purchase from the Natives, that in some cases Europeans had claims to the timber on such blocks, and in other cases had made agreements with Natives regarding lands contained in the blocks, some of which leases or agreements might be valid, having been made subsequent to the issue of certificates of title by the Native Land Court, whilst others were invalid and unlawful, the agreements regarding them having been made previous to the issue of certificates of title for the lands comprised in such agreements.
Mr. Mackay admitted that a majority of the leases and agreements he alluded to were neither legal nor valid, yet many of these, he said, had been made by and with the assistance of officers of the Native Department.
The Minister for Public Works, in his letter of the 4th March, 1872, apparently undertook that the Government would respect all such claims, whether they were legal or equitable, or the contrary, because he was fully aware of the influence which the holders of such claims might exercise in opposition to the sale of the lands by the Natives to the Government.
What I would propose is this : that whenever the Provincial Government takes over from the General Government a block of land purchased from the Natives, it should take it over subject to all agreements and leases with which it may be encumbered. In this case it, of course, would only be bound to respect those agreements and leases which were really legal and valid, and which had not been simularly made to appear to be so, whilst those leases and agreements which were not legal or valid could in no way bind the Provincial Government; but I would suggest that every such case should be referred to the Legislature, or to the Committee which represents that body, or to some Court, that it should be fairly and openly heard, and the amount of compensation to which the holder of it might be entitled, if any, should be ascertained, and be liquidated by a money compensation, voted by the General Legislature.
I propose this, because I think all the reasons that have been alleged for requiring the province to respect the leases and agreements I allude to would be of no force if they were illegal or invalid in themselves.
For instance, in your telegram of the 6th instant, you make it appear that a reason for recognizing such agreements might be that the land included in them is, as the Government believes, swamp, unfit for the location of small settlers, and which would require a large expenditure of capital in draining it before it would be fit for occupation. But the Government can have no knowledge whether one or more of Her Majesty's subjects really possess capital or not, and lands in which the population of this province have a direct or contingent interest cannot be lawfully dealt with on any suppositions of this kind. The united capital of a number of small settlers may far exceed that of any one settler, and privileges of this sort ought not to be recognized, and cannot be maintained against the general rights of the public.
![]() |
4.124 136 |
▲back to top |
C.—6. 2
Again, if the agreement or lease was originally illegal, the approval of the Agent of the Government, or of the Minister for Public Works, cannot stamp such lease or agreement with legality. They are mere executive officers to carry out the law, not to make new laws to suit their own views. Any attempts to make such invalid leases or agreements legal can only produce a bad impression upon the public mind, as these attempts would possibly constitute
manifest evasion of that law which it was the duty of those authorities who allowed the evasic to have supported.
To make such unlawful leases legal would also be to reward wrong-doers and law-breakers, by recognizing their illegal acts, and this would be done at the expense of the rest of Her Majesty's subjects, who had faithfully observed the law, and who deserved, in recognition of their conduct, to have been protected in the rights which the law secures to them, rather than to be deprived of those rights in order that privileges of great, possibly of enormous, value may be given to those of their fellow-subjects who had set the law at defiance.
I pass over the statement of the Minister for Public Works that it will be necessary to reward these breakers of the law to prevent them from exercising their influence over the Natives to the detriment of the Government and their fellow-settlers, by preventing them from selling lands which the public necessity require should become the property of the community at large. Certainly people who could be guilty of such conduct ought to be punished instead of receiving large rewards.
I think, also, that in each instance of the unlawful leases and agreements to which Mr. Mackay alludes, he should be directed forthwith to supply the Superintendent of this province with the name of the officer of the Native Department who broke the law by negotiating such unlawful lease or agreement, in order that inquiries may be made as to whose authority this was done by, and why such exclusive privileges were given to some of Her Majesty's subjects, and why—whilst the inhabitants of this country at large were, by carefully framed laws, shut out from dealings with the Natives regarding certain lands—other individuals, who were favoured, were allowed to carry on such dealings, and were even granted the assistance of those officers of the Government to aid them in these transactions, whose duty required them to prevent such dealings from being carried on. The more fair and legal any such transaction may have been, the more reason is there that a full inquiry should be made into it, in order that the blamelessness of the parties concerned in it may be openly and fairly established beyond all future question.
Upon the whole, therefore, I think I am doing that which is, in every respect, for the public interest, in recommending that, whilst all legal and valid agreements and leases should be scrupulously observed, all those regarding which any doubt exists should be strictly investigate and that only such a money compensation should be given to the respective claimants as a full and impartial inquiry may prove them to be entitled to.
My observations apply equally also to all exchanges of land which the General Government propose to carry out without a full and open inquiry. I do not think that the Government will be justified in taking lands from any of the blocks purchased with public money, and giving them in exchange, at the will of the Native Minister or any other person, to Europeans or Natives, until a full and open inquiry has been made into the circumstances of each case. Land is now so essential to the interests of this province, for the purpose of settling intending immigrants upon, or those of our population who have hitherto been unable to obtain land, that I earnestly request that the recommendations I have made may receive the approval and sanction of the General Government, and that I may be authorized at once to give effect to them.
I would yet add another reason, of a general nature, in favour of the cause I recommend.
The rights of property disposed of, under the arrangements made by the Minister of Public Works and Mr. Mackay, must be very great indeed.
The parties interested in these are the public, the Native owners, the European claimants.
Clearly such rights ought not to be dealt with secretly, in a private room, by one man. To expose him, under such circumstances, to the solicitations of private friends, or of the political supporters of the Government he serves, is a wrong to human nature, to independence of character, to public rights, to the interests of the Native owners, for there is no fair competition for their property and to the mass of Her Majesty's subjects, because their interests are not fairly protected. A consideration of this will, I hope, make you feel that this system should be instantly stopped, and that perhaps upon the whole the proper course would be that an open inquiry should at once be instituted into each past transaction.
I have, &c.
The Hon. the Colonial Secretary, Wellington. G.GREY.
Referred to Mr. Mackay for remark.—DANIEL POLLEN, 28th May, 1875.
No. 2.
MEMORANDUM for the Hon. the COLONIAL SECRETARY.
Sin GEORGE GREY'S letter of the 19th May last purports to be a request for a modification of the arrangement made by the Hon. the Minister for Public Works with me on the 4th March, 1872, for the purchase of Native lands in the district of Hauraki.
![]() |
4.125 137 |
▲back to top |
3 C.—3.
Sir George Grey is quite correct in assuming that I was acting as a private land purchase agent at the time the Hon. Mr. Ormond requested me to undertake the acquisition of Native lands for the General Government. I had been acting in that capacity from the 1st August, 1869, and my professional earnings amounted to upwards of £1,500 per annum. I was, in January, 1872 engaged in business negotiations with private individuals and associations to undertake the purchase of the whole of the Coromandel Peninsula, subject to the right to mine acquired by the Crown, or the rights to timber of private persons or companies ; and capital was at my disposal for the purchase of the whole at a maximum average rate not exceeding 58. per acre. I waived these arrangements at the urgent request of the Hon. Mr. Ormond, backed by the personal influence of Mr. Gillies, Superintendent of the Province, and that of Dr. Pollen, then Agent for the General Government. Messrs. Preece and Graham had been offered the business, but declined to do it for a less commission than 6d. per acre. I arranged to take a commission of 4d. per acre for all lands purchased by me. I however objected to acquiring any land unless the prior rights of Europeans to kauri timber were conserved.
In considering the proposals made by Sir George Grey, it is necessary, in the first instance, to confine my remarks to the arrangement before mentioned, as set forth in my letter of the
24th January, 1872, and in Mr. Under Secretary Knowles' reply of the 4th March. In order to do this properly, Sir George Grey's quotation of a portion of my letter requires amendment, by striking out several words which are not to be found either in the original or the published copies of it. I wrote as follows, viz.,—
"With reference to the vested interests and claims of Europeans to kauri timber situated within the blocks of land proposed to be purchased, some of which are held under valid leases made subsequent to the issue of certificates of title by the Native Land Court, and others by agreements made previous to the issue of certificates of title for the lands comprised in such agreements, I would beg to recommend that in all cases where the parties are in actual possession of the timber, and do not obstruct the Government in negotiating for the purchase of the lands, that all such agreements, leases, and private interests shall be respected, and the conveyances-by the Natives to the Crown shall take notice of and confirm all such reasonable and fair leases, agreements, and transactions. I would point out that the timber trade is of vital interest to the gold fields, and is one of great importance to the Province of Auckland, and very large capital is invested in it ; and although the agreements for the acquisition of timber are not, in the majority of cases, strictly legal or valid, yet many of these so-called illegal agreements
have been made by and with the assistance of the officers of the Native Department. If the
Government acquired the kauri timber it would only be destroyed by miners and bush fires. At the present time where the kauri timber is not the property of millowners, it is a fruitful source of discontent between the Miners, Government officers, and the Native proprietors."
Mr. Under Secretary Knowles replied thus—
" Mr. Ormond is fully aware of the influence which the holders of timber rights and claims might exercise in opposition to the sale of the lands by the Natives, and the policy of respecting
those claims, whether legal or equitable; but it must at the same time be borne in mind that many of the blocks on the Coromandel Peninsula have, apart from their mining value, no other value than that which their timber gives them, the right to which, you state, has in many cases been alienated, and required to ,be conserved. In estimating the purchase money of all such blocks as have not acquired a value for mining purposes, this should he taken into consideration, as the Government will have no option but to avoid interference with these old arrangements, wherever it is practicable to do so."
Sir George Grey alludes thus to my letter : "He, in his letter to the Minister for Public Works of the 24th January, 1872, suggested, in reference to the large blocks of land which he was to purchase from the Natives, that in some cases Europeans had claims to the timber on such blocks, and in other cases had made agreements with Natives regarding lands contained in the blocks, some of which leases or agreements might be valid, having been made subsequent to the issue Of certificates of title by the Native Land Court, whilst others were invalid and unlawful, the agreements regarding them having been made previous to the issue of certificates of title for the lands comprised in such agreements."
The paragraph as written by me, and answered by Mr. Knowles, referred to kauri timber only, and to leases and agreements made between Natives and Europeans respecting it.
Sir George Grey's interpolation makes it to apply "to cases in which agreements bad been made regarding the lands contained in the blocks," a question which was nowhere raised by the Hon. Mr. Ormond or myself in the correspondence alluded to. I therefore propose to deal, firstly, with the kauri timber question; and secondly, to consider the points raised by Sir George Grey's manipulation of my report.
In March, 1872, there were within the Hauraki District some fourteen saw-mills, either working or in course of construction. These found employment for about 600 men, irrespective of the persons manning the vessels engaged in the timber trade. The capital which had been expended, or was then in the course of expenditure in the erection of saw-mills, with the dwelling-houses and plant connected therewith, amounted to about £120,000; in addition to which the proprietors had paid about £30,000 to Natives for kauri timber within the twenty
years preceding that date. Some of these purchases of kauri timber were held by legal instruments in the shape of deeds of grant, leases, or agreements, made subsequently to the issue of
![]() |
4.126 138 |
▲back to top |
C.—3. 4
certificates of title by the Native Land Court to the Native owners of the land on which such timber was growing. In other cases there were agreements made between the millowners and the Natives, which, although not strictly legal, were equitable arrangements, and were carried out in good faith by the persons interested.
Knowing the importance of the timber question, and the magnitude of the interests involved, I deemed it advisable, before agreeing to purchase land for the Government, to lay the whole circumstances of the case before Mr. Ormond. I spared no pains in obtaining information, in order to show in my report (vide report, 24th January, 1872) the actual state of each block as regarded the alienation or otherwise of the kauri timber within it. Had the Government objected to conserve the rights of the millowners and purchasers of timber, I would, for several reasons, have declined to act for them.
It is true that, under the Land Purchase Ordinance, sales of timber by Natives to Europeans were forbidden ; but many saw-mills were erected, and forests purchased, before the repeal of that law. The Government of the colony were never in a position to strictly enforce its provisions, because the voices of the settlers and Natives were against it. I also reiterate the statement that several of the agreements for the sale of timber were made with the concurrence of the Government for the time being. It has been frequently said that when the Kapanga block at Coromandel was ceded to the Crown for gold mining purposes, Sir George Grey, then the Governor of the Colony, sanctioned the reservation by the Natives of the kauri timber on that block, because it had been previously sold by them to Messrs. Charles and Frederick Ring; and those gentlemen were permitted to retain certain water rights and other easements necessary for the proper working of their saw-mill; and when the miners injured the water rights held by Messrs. Ring on the Kapanga stream, they claimed damages from the Government, and Mr. Graham, the Superintendent of the Province, offered to give them £350 in satisfaction of their. claim, which they refused to accept. I enclose copies of correspondence between the Messrs. Ring and myself on the question, and of Mr. Graham's proposal.
During the period Dr. Shortland was Native Secretary, Maoris frequently came to the Native Office about sales of kauri timber, and I recollect in the case of the purchase of the forests at Tairua, an officer of the department (who is now a Judge of the Native Land Court) drew out an agreement between the seller and purchaser.
On one occasion I, when Civil Commissioner for the Thames District, was instructed to arrange a dispute which arose between two parties of Natives and two parties of Europeans respecting the sale of kauri timber at Whangapoua, but I bad nothing to do with the signing of any agreement respecting it. This culminated in the well-known Craig, Macfarlane, Harris, and Mohi Mangakahia law-suits. I believe there are similar cases elsewhere, and to these I referred in my report. In order to preserve the peace of the country, the Native Department were frequently compelled, although with considerable reluctance, to take part in these transactions.
I am at a loss to understand the meaning of a portion of the following extract from Sir George Grey's letter :—" What I would propose is this : That whenever the Provincial Government takes over from the General Government a block of land purchased from the Natives, it should take it over subject to all agreements and leases with which it may be encumbered. In this case it would, of course, only be bound to respect those agreements and leases which were really legal and valid, and which had not been simularly made to appear to be so, whilst those agreements or leases which were not legal or valid could in no way bind the Provincial Government ; but I would suggest that every such case should be referred to the Legislature, or to the Committee which represents that body, or to some Court, that it should be fairly and openly heard, and the amount of compensation to which the holder of it might be entitled, if any, should be ascertained and be liquidated by a money compensation voted by the. General Legislature."
It is very desirable that Sir George Grey should state whether he accuses the Land Purchase Agents of the Government, or the purchasers of timber, of making counterfeit leases or agreements to legalize such purchases, in order that the persons referred to may be in a position to request him to verify his assertions.
In my opinion the Government, whether General or Provincial, are bound by the terms of the deeds of conveyance from the Native to the Crown ; and if, on the face of such instruments, it is shown that prior rights have been either lawfully or equitably acquired by others, and there is sufficient evidence thereof, then such agreements or leases should be respected. I would respectfully beg to point out that the timber trade is one of vital importance to the Pro-vince of Auckland and the whole colony. The suggestion made to deprive some of the mill-owners or proprietors of timber of their rights, because of legal technicalities, and taking from them the means of working their saw-mills, Which have been established by the expenditure of large capital, is one which appears to me of a suicidal nature.
Sir George Grey could not have considered the question in all its bearings, when be proposed to award compensation to the parties thus deprived of their rights. The question raised is one which affects the owners of timber throughout the whole Province of Auckland. These men have, in a majority of cases, been in quiet possession of their timber for a number of years ; they are engaged in a productive industry, with profit to themselves and the country ; and why should
they be disturbed, and their numerous bodies of workmen be thrown out of employment? The compensation required within the Province of Auckland would probably amount to £1,000,000
![]() |
4.127 139 |
▲back to top |
![]() |
4.128 140 |
▲back to top |
![]() |
4.129 141 |
▲back to top |
7 C.-3.
Colony, or the members of the legal profession, as witness the well-known lawsuits between Mohi Mangakahia and Harris versus Craig and Macfarlane.
Although the parties interested in saw-mills and kauri timber may not have been able, in some cases, to take advantage of the provisions of "The Native Lands Act, 1873," as regards agreements made before that date, it is clearly not the duty of the Government or its agents, and is not to the interest of the provincial authorities, to endeavour to upset, by strict adherence to legal technicalities, the title of the persons engaged in the timber trade.
It is apparent that the Governor of the colony, its Legislature and Supreme Court, and the Superintendent of the Province, have from time to time recognized illegal dealings for the purchase and sale of kauri timber; and I therefore beg respectfully to submit to you that, in upholding legal and equitable agreements for the sale of timber, which had been made in good faith between Natives and Europeans, the Hon. Mr. Ormond did not commit an error, but acted with justice towards the persons interested in such arrangements.
Having endeavoured to lay before you the questions arising out of the purchase of kauri timber by private persons from Natives, it appears necessary to make some remarks on the points raised by Sir George Grey respecting the illegal purchase by individuals of lands over which the Native title had not been extinguished. As before mentioned, neither of these questions was alluded to by me in my report of the 24th January, 1872, or in the Hon. Mr. Ormond's reply thereto of the 4th March following. Before entering on this subject, it may be as well to consider what was the process generally adopted by private persons in acquiring land from the Natives. The Native owner generally made the first offer to sell; but in some cases the European first expressed his desire to purchase. A Native Land Purchase Agent was consulted, and he, probably, advised the would-be purchaser to advance a sum of money to the Native, part of it being a deposit to bind the bargain, and the remainder to defray the expenses of survey. This, as a general rule, was represented to be a payment to defray the expenses of survey, and the investigation of the title by the Native Land Court, and, as such, a lien over the land was taken, in accordance with the provisions of the Native Land Act. After survey the title was investigated by the Court, and the European completed the purchase by handing the balance of the consideration money to the persons found to be the owners.
Two eases of this class have arisen in the district within which I have been instructed to purchase land. The first is that of Captain Daldy, who, in 1871, was interested with me in the purchase of the Waikawau block, over a large portion of which he had long previously acquired the right to cut and remove kauri timber. In January, 1872, we had commenced the survey of the block, which we estimated to contain 60,000 acres. We did not wish to oppose the Government in the matter, and withdrew from our purchase on condition that the Government recognized and allowed Captain Daldy's right to timber previously purchased by him on the Waikawau and Mata streams and their tributaries. He was also to receive a title from the Crown for 400 acres at Waikawau and fifty acres at Te Mata, on payment being made to the Government at the same rate per acre as was given for the whole block.
The second case is that of Mr. Thomas Russell, respecting the purchase of the Hungahunga and Waiharakeke blocks at the Upper Thames. These were not included within the area which I was authorized to purchase in accordance with the instructions conveyed in the Hon. Mr. Mr. Ormond's letter of the 4th March, 1872. Neither were these blocks included in the Proclamation of the 9th October, 1872, made under the provisions of "The Immigration and Public Works Act Amendment Act, 1871." I found, about the end of 1872, that Mr. Thomas Russell was in treaty for the Hungahunga and Waiharakeke blocks, the latter being situated on the east and west banks of the River Waihou or Thames. Although not strictly within my instructions, I deemed it advisable in the interest of the public to endeavour to secure the eastern portion of the Waiharakeke block for the Crown, it being an extension southwards of the Aroha block, which is reported to be auriferous. I, therefore, proposed to Mr. Russell, who was conducting his purchase through Messrs. Preece and Graham, that he should relinquish the part of Waiharakeke on the eastern side of the River Waihou, and complete his negotiations for the western portion of the block, and for the Hungahunga block adjacent to it. I had no right at the time to ask him to do this, but considered it to be my duty to look after the interest of the public. On submitting the question for the consideration of the Government, they approved of my proceedings.
With reference to exchanges of lands between Natives and Europeans, or between the Government and Natives or Europeans, I am at a loss to comprehend Sir George Grey's meaning. I have not sanctioned any such arrangements, nor has any application been made to me to do so. The only case I can possibly imagine to be referred to is that of Mr. Whitaker at Piako. That gentleman is the transferee of some original land claims in that district, and, under the award of the Land Claims Court, is entitled to select within the Piako block, containing 19,500 acres, twelve thousand eight hundred and fifty-five (12,855) acres. Under sections 23 and 44 of "The Land Claim Act, 1856," he is allowed an additional area of one thousand nine hundred and twenty-eight acres (1,928) one (1) rood if he pays the cost of surveying the block, the total area, to be granted being fourteen thousand seven hundred and eighty - (14,783) acres. The Ngatipaoa tribe are in possession of the land originally purchased, excepting a piece erroneously granted to Arthur Willis through fraudulent representations. When I commenced the purchase for the Government of the lands situated between the rivers Thames
![]() |
4.130 142 |
▲back to top |
8
and Piako, the Chief Tarapipipi te Kopara and his people suggested that Mr. Whitaker's award should be taken out of that block, and not from the Piako block of 19,500 acres, as they wished to retain for their own use the portion to which Mr. Whitaker was entitled as the transferee of the original claimant (Webster). As Tarapipipi te Kopara bad for some years been the bead of Hauhauism at Piako, and a consistent opponent of the Government, I deemed it advisable
carefully consider his proposition, and submit it to them. I did so, and after long consideration and several discussions of the question, the Government came to the conclusion that it was expedient to grant Tarapipipi te Kopara's request, and Mr. Whitaker was asked to assent to it.
The Government were, in my opinion, met in a very fair spirit by that gentleman, and he assented to the exchange. The Maori difficulty was overcome, and the followers of Tarapipipi te Kopara have since renounced their allegiance to Tawhiao, and become good subjects of the Queen. I do not for a moment assume that Sir George Grey wishes them to revert to the semi-rebellious position they occupied from 1865 to 1874; if he does, the process is very simple ; it can easily be accomplished by refusing to sanction the exchange of land agreed on between Mr. Whitaker and the General Government, and suggesting to that gentleman the desirability of selecting the land he is entitled to within the block known as the Piako block, containing 19,500 acres.
Exchanges of laud were contemplated under " The Land Claims Settlement Act, 1856," and "The Land Claims Settlement Extension Act, 1858," as power was given to the Commissioner " in cases where difficulties existed in the way of the claimant obtaining quiet possession of the land, and it appeared expedient to exchange the particular land claimed for other land, to direct a grant to be made to the claimant of rural land within the same province."
I am not aware whether this power can be legally exercised by the Government in the case now under consideration, but it is precisely one of those which was intended to be provided for under the provisions of " The Land Claims Settlement Extension Act, 1858."
Sir George Grey should remember that land purchases are made by agreement between the Government and the Natives, and if the latter refuse to sell a large and valuable territory unless a long-outstanding question is finally arranged in the first instance, it may then be expedient to make an exchange in order to facilitate negotiations for the cession of an entire district.
If I have in this memorandum in any way digressed from the consideration of the questions raised by Sir George Grey in his letter of the 19th May last, or have attempted to reply to issues not apparently raised in it, I hope you will excuse my having done so. I was, however, unable to clearly understand the purpose of Sir George Grey's letter, until I saw in the newspaper columns the statements made by him in reply to deputations which waited on him Grahamstown. Although feeling my disability to cope with a statesman of Sir George Grey's reputation in the discussion of this important question, I hope the Government will give me the credit of having, to the best of my ability, endeavoured to explain the actual state of the case, and of desiring to uphold the rights of the millowners, miners, and the public in general, which are affected by the purchase by the Government of the lands comprised within the Coromandel Peninsula and district of Hauraki.
JAMES MACKAY.
7th July, 1875.
Enclosure 1 in No. 2.
Mr. MACKAY to Messrs. RING Bros., Auckland.
GENTLMEN,- Auckland, 6th July, 1875.
I will be very much obliged if you will give me information on the following points respecting your sawmill and interests in timber at Coromandel, viz.,—
When the Tokatea and Kapanga blocks were ceded to the Crown for gold-mining purposes in June and July, 1862, did Sir George Grey, then the Governor of the colony, sanction the reservation of the kauri timber on those blocks because it had been previously sold by the Natives to you?
Did be at the same time promise to reserve to you the right to the use of the Kapanga Stream (commonly called the Driving Creek), for purposes connected with your mill ?
When the miners damaged the water rights and easements reserved for you in the Kapanga Stream, did you make any claim against the Government?
I have, &c.,
Messrs. Ring Bros., Auckland. JAMES MACKAY.
Enclosure 2 in No. 2.
Mr. RING to Mr. MACKAY.
SIR,— Auckland, 6th July, 1875.
I have received your letter of this date, asking for information respecting the saw-mill and timber at Coromandel owned by my brother and myself.
![]() |
4.131 143 |
▲back to top |
9 C.-3.
My reply to the first question is, that Sir George Grey did sanction the reservation o the kauri timber on the Tokatea and Kapanga blocks, that were handed over to the Government for mining purposes, because it had previously been sold to us by the Natives.
My answer to the second question is, that our rights to use the water of the Driving Creek are reserved for us.
My reply to the third question is, that the miners did considerable damage by silting up the creek with débris from their claims. We applied to the Superintendent, R. Graham, Esq., for compensation for the damage sustained by us ; he tendered us £350, which we refused to accept, and we consider that we have still a claim against the Government for damage done.
Since 1859, and to the present time, we have continued to cut timber on these blocks, and still have the right to use the water of the driving and main creeks for purposes connected with our mill.
I have, &c.
To Mr. Mackay, Auckland. J. W. RING.
Enclosure 3 in No. 2.
I AGREE, on the part of the Government, to grant permission to Mr. Ring to dam up the main creek, and enjoy the privilege of driving logs up till the 1st November, after which time only with the consent of the Commissioner. The Government to protect Mr. Ring in his right to kauri timber, and further to give a sum of £350 sterling for injury sustained.
ROBERT GRAHAM,
4th March, 1863. Superintendent.
By Authority, GRORGE DIDEBUEY, Government Printer, Wellington. —1875.
Price 9d.]
![]() |
4.132 144 |
▲back to top |
C.-3A.
1875
NEW ZEALAND.
CLAIMS UPON LANDS TAKEN OVER BY THE PROVICE OF
AUCKLAND FROM THE GENERAL GOVERNMENT.
(FURTHER CORRESPONDENCE RELATING THERETO).
Presented to both. Houses of the General Assembly by Command of His Excellency.
No. 1.
Mr. JAMES MACKAY to the Hon. the COLONIAL SECRETARY.•
Auckland, l7th July, 1875.
Referring to my Memorandum of the 7th instant, on Sir George Grey's letter of the 19th May last, addressed to you on the subject of land purchases, I have the honor to transmit herewith a return showing approximately the value of the property held by the proprietors of saw mills within the District of Hauraki. This information has been principally obtained from the mill-owners themselves, who have given me every facility in their power to complete the return. The totals are cost of erecting fifteen saw mills with working plant, £106,855. Payments to Natives for timber, including in some cases cost of survey of the blocks on which it is growing, £42,045. Value of logs in stock, £64,982. Total value of Mills, working plant, standing forest, and logs in stock, £209,732. The annual average production of timber is valued at £120,750. The number of men employed in these mills is 678. Vessels employed in the carrying trade, 27, manned by 82 men.
These figures are slightly different from those mentioned in my memorandum of the 7th instant, that was, however, my own estimate before the return was completed ; the alteration is so small as to be hardly worth noticing.
The more I consider the scheme proposed by Sir George Grey, to give compensation to the mill owners for their rights, the more I feel convinced that it is impracticable and detrimental to the best interests of the country. The goldminer is one of the largest consumers of sawn timber, and his industry would be retarded and suffer loss if the sawmills ceased to supply his demands.
I previously drew attention to the fact that supposing the proprietors of sawmills were bought out in the manner suggested by Sir George Grey, the Colony or Province would derive no equivalent advantage, because the system of granting timber licenses, heretofore pursued by the Provincial Government, gave but small receipts, when compared with the value of the privileges granted. In proof of the correctness of my assertion, I enclose herewith a return compiled by Mr Tole, the Commissioner of Crown Lands, showing the amount paid for timber licenses over Crown Lands within the Coromandel Peninsula, and the District of Hauraki, during the fifteen years commencing 1st July, 1860, and ending 30th June, 1875. The total is £192 10s.
I have no hesitation in saying that any mill owners would under other circumstances have paid to the natives for the timber cut on the Mahakirau block alone, four times the total sum shown by Mr. Tole as having been paid to the Crown for licenses over the whole of the blocks specified by him.
I enclose copies of correspondence with the Mercury Bay Saw Mill Company respecting a proposed reduction of the term of years for which they hold the right to cut timber on the Taranoho and Kaimarama blocks.
It has been stated recently that some of the deeds of grant or leases of timber held by sawmill Proprietors confer rights other than those required for the cutting and removal of timber front the forests to their mills. If such privileges have in any case been granted by the native owners, they have not been exercised or desired by the lessees or grantees, and would, I believe, be relinquished at once, the on application of the Government. I have discussed the question of ordinary agreements and leases on all their bearings with the principal owners of timber residing here, and am convinced they are willing to make favourable terms with the Crown, and merely desire to be confirmed in their claims to Kauri timber, with necessary easements in the shape of roads and water rights, to enable them to convey it to
their mills, with the privilege to cut any other timber or firewood required for their own use. If these
rights were secured and confirmed to them, they would be perfectly satisfied; and there would not be the slightest danger of any future misunderstanding arising between them and the mining population, who are
the only persons liable to have any conflicting interests, as the land on which Kauri grows is unfit for
agricultural purposes and settlement.
I have, &c.,
The Hon. the Colonial Secretary, Wellington. JAMS MACKAY.
![]() |
4.133 145 |
▲back to top |
Enclos 1.
RETURN showing approximately, the VALUE of SAW MILLS and of FORESTS and TIMBER, owned by Saw Mill Proprietors within the District of HAURAKI, on June 30, 1875.
|
|
|
|
|
|
|
|
Estimated |
Total |
|
|
|
|
|
|
|
|
Cost of |
Date of |
|
|
Amount paid for |
Value of Logs |
Present value of |
Value of Mills |
Average Number |
Average Number |
Average Number |
Average Amount of |
Average Annual |
|
|
Name of Owner. |
Mill and
Plant. |
Ercc- tion of Saw Mill. |
Situation of Timber Purchased, |
Date of Purchase Timber. |
Timber, including Surveys of Land. |
in Stuck in Bush or at Mill. |
Mills, Plant, and Standing Foreests. |
Plant Standing Forests &Timber in stock. |
of Men employed in Mils & Forests. |
Vessels employed in Timber
Trade. |
Men employed in Vessels. |
Timber Cut Annually, |
Value of Timber Cut. |
Remarks. |
|
|
£ |
|
|
|
£ |
£ |
£ |
£ |
|
|
|
Feet. |
£ |
|
|
1. Tairua Saw Mill Company |
23,000 |
1864 |
Tairua |
1864 |
3,000 |
5,500 |
28,000 |
31,500 |
100 |
3 |
10 |
3,000,000 |
13,500 |
Forests are extensive, but timber difficult to get out to mill. |
|
2. Mercury Bay Saw Mill Co. |
0,000 |
1863 |
Mercury Bay |
1863 |
5,500 |
8,666 |
12,000 |
20,666 |
70 |
2 |
6 |
2,500,000 |
11,250 |
A good deal of the timber has been cut ; but there is work fur several years to come. |
|
3. Schapp and Aeseune |
4,500 |
1863 |
Mercury Bay |
1863 |
3,750 |
5,000 |
8,000 |
13,000 |
35 |
2 |
6 |
1,500,000 |
6,750 |
Same as above. |
|
4. C. A. Harris ... ... 5, C. A. Harris ... |
15,000 10,000 |
1862 1865 |
Whanapoua ...
|
1662 to 1870 |
2,500 4,025 |
15,000 |
40,000 |
55,000 |
125 |
6 |
13 |
5,000,000 |
22,500 |
Many years' cutting still in forests ; large quantity shipped annually to Middle Island, South Sea Islands, and |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Now Caledonia. |
|
6. Cruickshank and Co. |
9,500 |
1863 |
Kennedy Bay ... |
1863 |
2,600 |
3,000 |
5,000 |
8,000 |
40 |
2 |
0 |
2,000,000 |
0,000 |
Timber will be cut out in a short time. |
|
7. It. Cashmere ... |
5,000 |
1862 |
Cabbage Bay ... |
1862 |
2,500 |
3,400 |
3,000 |
6,400 |
20 |
1 |
3 |
1,000,000 |
4,500 |
Forests nearly cut out. |
|
8. Pollard and Co. |
2,500 |
1865 |
Port Charles |
1863-64 |
1,200 |
2,500 |
4,000 |
6,500 |
30 |
2 |
6 |
1,800,000 |
8,100 |
Forests nut very extensive ; will only last a few years. |
|
9. Charles Ring |
2,700 |
1859 |
Coromandel .., „ , |
1850 |
1,000 |
150 |
2,000 |
2,150 |
4 |
|
|
500,000 . |
2,250 |
Mill generally idle ; forest being nearly all cut. |
|
10. A. J. Cadman |
3,500 |
1865 |
Coromandel and Mata- |
1804 and |
1,150 |
1,000 |
5,000 |
6,000 |
20 |
|
|
300,000 |
1,350 |
Coromandel timber nearly cut out ; mill |
|
|
|
|
inataharakeke. |
1872 |
|
|
|
|
|
|
|
|
|
will probably be removed to Malt- mata-harakeke. |
|
11. W. C. Daldy ... 12. Shortland Saw Mill Co. ... |
8,000 9,291 |
1805 1872 |
Waikawau and Mate Rivers and tributaries, Waiwhakaurangi River and tributaries, |
1864 1869 |
2,500 5,427 |
3,000 11,60 |
7,000 15,000 |
10,000 20,060 |
30 50 |
2 1 |
6 3 |
2,000,000 3,500,000 |
0,000 15,750 |
Forests extensive ; a great dual of timber has been cut, This mill has not hitherto been In full work ; timber chiefly consumed at Grahamstown and Shortland ; forests extensive ; timbor difficult to got to mill. |
|
13. John Gibbons ... |
4,700 |
1874 |
Kirildiri, and on bank of Waihou and Ohinemuri |
1871-72 |
2,200 |
4,750 |
6,000 |
10,750 |
05 |
2 |
0 |
1,000,000 |
8,550 |
This mill cuts white pine occasionally as well as knurl. |
|
|
|
|
Rivers. |
|
|
|
|
|
|
|
|
|
|
|
|
14. Hauraki Saw Mill Co. ... |
3,964 |
1869 |
Turua Forest, Waihou or Thames River, |
1868 |
3,843 |
650 |
10,000 |
10,650 |
60 |
2 |
8 |
2,000,000 |
6,000 |
This mill outs white pine only. A great part is shipped to Foreign Markets, the remainder is consumed at Grahams- town and Shortland ; forest extensive. |
|
15. Holdship and Co. ... ... |
1,200 |
1868 |
Otuturu Block |
1870 |
850 |
700 |
1,750 |
2,450 |
20 |
1 |
2 |
500,000 |
2,250 |
This mill is situated at Grahamstown, and is connected with window - sash,door- making, and wood-dressing machinery ; |
|
100,855 |
|
... |
|
42,045 |
64,982 |
144,750 |
209,732 |
678 |
27 |
82 |
27,500,000 |
120,750 | ||
|
Totals ... ... |
the product is consumed in the district. | |||||||||||||
|
15th July, 1875. JAMES MACKAY. | ||||||||||||||
![]() |
4.134 146 |
▲back to top |
3 C.-3A.
Enclosure 2.
Mr. JAMES MACRAY, to the COMMISSIONER OF CROWN LANDS, Auckland.
SIR,— Auckland, 12th July, 1875.
As I am procuring, for the information of the General Government, a return respecting the timber trade of this Province, I have the honour to request that you will be so good as to
with a return showing the number of timber licenses issued within the limits of the Coromandel Peninsula and District of Hauraki from the 1st July, 1860, to the 30th June, 1875, showing the block for which such license was issued, and the fees received in respect thereof, with the name of the person in the favour of whom it was granted.
Ihave, &c., A.. JAMES MACKAY, The Commissioner of Crown Lands, Auckland. Agent General Government. Enclosure 3. -
The COMMISSIONER OF CROWN LANDS, Auckland,' to o Mr. MACKAY.
SIR, —
Crown Lands Office, Auckland, 13th July, 1875.
In compliance with the request contained in your letter of yesterday's date, I have the honour to enclose a return showing the number of timber licenses issued within the limits of the Coromandel Peninsula and District of Hauraki, from the 1st July, 1860, to the 30th June, 1875, together with the name of the block for which such license was issued, the fees received in respect thereof, and the names of the persons in favour of whom such licenses were issued.
I have, &c..,
D. A. TOLE,
James Mackay, Jun., Esq., Commissioner of Crown Lands, Agent General Government, Auckland.
Sub-Enclosure to Enclosure 3.
RETURN showing the number of TIMBER LICENSES issued within the limits of the Coromandel
Peninsula and District of Hauraki, from the 1st July, 1860, to the 30th June, 1875, together with
the name of the Block for which such license was issued, the fees received in respect thereof, and
the names of the persons in favour of whom such Licenses were issued—
|
Total amount of
|
Name of Block for which License |
Fees received in |
Name of Person to whom License |
|
Licenses issued. |
was issued. |
respect of License, £ s. d. |
was issued. |
|
|
A wakanae |
5 0 0 |
Heron Andrews and Matthews |
|
|
Hoho ... |
2 10 0 |
Thomas Carina |
|
|
Ditto |
5 0 0 |
Ditto |
|
|
Purangi ... |
2 10 0 |
Neill and -Savage |
|
|
Mercury Bay |
2 10 0 |
Vincent De Maitch |
|
|
Purangi ... |
5 0 0 |
Neill and Savage |
|
|
Whenuakite |
5 0 0 |
Paraneha |
|
|
Mahakirau |
5 0 0 |
George Strong |
|
|
Hobo ... |
5 0 0 |
Joseph Baker |
|
|
Whenuakitc |
5 0 0 |
Archibald Smith |
|
|
Mahakiran |
50 0 0 |
Thomas Sullivan |
|
|
Hoho ... |
5 0 0 |
John H. Graham. |
|
|
Te Kann ... |
5 0 0 |
Thomas Carina |
|
|
Ditto |
5 0 0 |
George William White |
|
|
Purangi |
2 10 0 |
Thomas Carina |
|
|
Te Kanri |
2 10 0 |
John F. Connolly |
|
|
Mahakiran |
25 0 0 |
Thomas Sullivan |
|
|
Ditto ... ... |
50 0 0 |
Ditto |
|
|
Hobo |
5 0 0 |
Antonio Joseph |
|
|
|
£192 10 0 |
|
D. A. TOLE,
Grown Lands Office, Auckland, 13th July, 1875. Commissioner of Crown Lands.
![]() |
4.135 147 |
▲back to top |
4
Enclosure 4.
Mr. JAMES MACKAY, to the SECRETARY, MERCURY BAY SAW MILL COMPANY.
SIR,— Auckland 5th July, 1875.
Referring to the conversation I had with you \_some months ago respecting a proposed modification of the conditions of the timber leases held by the Mercury Bay Saw Mill Company, over the Taranoho and Kaimarama Blocks in the Mercury Bay District, by reducing the term of the leases from ninety-nine years to twenty-one.
I have the honour to request that you will be so good as to inform me whether the Company are willing to make the proposed alteration.
I have, &c.,
JAMES MACKAY,
The Secretary, Mercury Bay Saw Mill Company, Agent General Government.
Auckland.
Enclosure 5.
The SECRETARY MERCURY BAY SAW MILL COMPANY to Mr. MACKAY.
SIR,— Custom House Street, Auckland, 13th July, 1875.
In reply to your communication of 5th instant, and conversation held between ourselves, re leases of Kauri held by this Company, I am directed by the Directors of this Company to inform you that they have agreed to recommend to the Shareholders that the leaee of the Kaimarama Block he reduced to twenty-one years and the Turanoho Block to forty years. A meeting of Shareholders will shortly be held, the result of which I will inform you of.
I have, &c.,
-
James Mackay, Esq., Agent General Government BENJ. GILMORE, Secretary.
Price 3d.]
![]() |
4.136 148 |
▲back to top |
C.-3B.
1875,
NEW ZEALAND.
RETURN OF NAMES OF EUROPEANS FROM WHOM LANDS, &c.,
HAVE BEEN PURCHASED.
Presented to both Houses of the General Assembly by Command of His Excellency.
RETURN giving the Names of all Europeans from whom Lands or Claims to Lands have been purchased, or to whom Compensation has been paid, in respect of Claims to Land out of the £700,000 set apart for the purchase of Native Lands ; also showing the Amounts paid
to each of such Persons respectively, and the Position and Area of Blocks in respect of which such Payments have been made.
|
Names. |
Amounts. |
Particulars of Claim ; Position and Area of Blocks in respect of which Payments have been made. |
|
John Charles MacCormick John McLeod |
••• |
£ 718 100 |
s. d. 8 0
0 0 | |
|
Steam Jones |
|
150 |
0 |
0 |
|
Allan K. Taylor |
|
189 |
16 |
2 |
|
|
|
126 |
0 |
0 |
|
Whitaker and Russell |
|
130 |
0 |
0 |
|
|
|
52 |
10 |
0 |
|
James Foley |
|
10 |
0 |
0 |
|
Wood |
|
15 |
0 |
0 |
|
Daniel Joseph O'Keefe Edwin Torrens Brissenden |
|
1,500 |
0 |
0 |
|
Thomas Logan ... Michael Hannaford ... |
... ... |
200 |
0 |
0 |
|
Daniel Joseph O'Keefe |
... |
20 |
0 |
0 |
|
Falter Hallett |
|
98 |
0 |
0 |
|
M. R. Miller |
|
300 |
0 |
0 |
|
|
|
2,070 |
0 |
0 |
|
William Thorne Buckland |
... |
55 |
0 |
0 |
|
|
|
500 |
0 |
0 |
|
Gavin McIntyre Park |
|
400 |
0 |
0 |
|
|
|
|
|
|
|
James Macmurray ... |
... |
50 |
0 |
0 |
|
|
|
697 |
2 |
0 |
|
George:Edward Read |
|
|
|
|
|
|
|
400 |
0 |
0 |
|
Charles William Ferris |
|
200 |
0 |
0 |
|
Richard David Maney |
|
3,000 |
0 |
0 |
|
Percival Barker |
... |
|
|
|
|
Cable McDonald ... |
... |
1,500 |
0 |
0 |
|
Drummond ... Henry Charles Young Whitaker and Russell |
... |
124 858 |
3 16 |
6 8 |
|
Preece and Graham |
... |
150 |
0 |
0 |
|
Ed win Torrens Brissenden |
... |
|
|
|
|
Charles Tothill ... |
... |
3,600 |
0 |
0 |
|
Thomas Morrie ... James E. Dalton ... |
... |
175 |
10 |
0 |
|
Alerander Kennedy... |
|
536 |
12 |
0 |
|
Thomas Fox |
|
343 |
0 |
0 |
|
|
|
| ||
Purchase of Pungaere Block, Bay of Islands District, Auckland, 7,184 acres.
On account of judgment debt against Hori te More, to be deducted from the purchase money of the Pakiri Block, Kaipara District, Auckland, 32,000 acres.
In consideration of his final surrender of his rights over the timber on Pakiri Block, Kaipara District, Auckland, 32,000 acres.
Purchase money and legal expenses in connection with transfer to the Crown of part of Waipapa Block, Kaipara District, Auckland, 1;306 acres.
Purchase money, Pukeatua Block, Coromandel District, Auckland, 239 acres 1 rood 20 perches.
For all their interest in Cabbage Bay Block, Coromandel District, Auckland.
For all their interest in Papa Aroha Block, Coromandel District, Auckland.
Claims in Ohinemuri Block, Coromandel District, Auckland. (This amount has since been refunded to Government by the Native owners.)
For losses sustained by stoppage of survey of the Paeroa Block, at Ohinemuri, Auckland.
Transfer to Government of liens (amounting to £2,105) over Wharekawa West, 15,000 acres ; Wharekawa East, 10,754 acres ; Omahu, 7,055 acres ; Otama East, 1,217 acres ; Otama West, 1,298 acres ; Whitipirorua, 1,245 acres ; Coromandel District, Auckland.
Unsatisfied claims in Wharekawa East Block, 10,754 acres, Coromandel District, Auckland.
Balance of survey lien registered against Runanga No. 2 Block, 45,000 acres, Taupo District, Auckland.
Relinquishing Claims to leases : Horohoro, 50,000 acres ; Te Tatua,
25,000 acres ; Paeroa, 100,000 acres ; Kaimanawa, acres ;
Ratoreka, 35,000; Taupo District, Auckland.
Purchase of 10,000 acres of Oruanui Block, Taupo District, Auckland, and refund of expenses connected therewith.
Transfer to Government of lease of 20,142 acres of Ornanui Block, Tango District, Auckland.
For all interest in Taharus Block, 13,900 acres, Taupo District, Auckland.
For all interest in Tauhara Middle Block, 11,594 acres, Taupo District, Auckland.
Ditto, ditto, ditto: (£10 of this amount has been refunded to Government by Native owners.)
For all interest in Tologa Township Blocks Noe. 1 and 2, 253 and 164 acres respectively, Poverty Bay District, Auckland.
On account of the purchase of Mangawaru Block, acres, at Waiapu, Poverty Bay District, Auckland.
Part payment for his interest in Te Marunga Block, 7,660 acres, at Tologa Bay, Auckland.
For all his interest in about 267,120 acres of land at Wairoa and Turanga, Auckland.
For all their interest in Tukurangi and Waiau Blocks, 75,000 acres, Upper Wairoa District, Auckland.
For all hie interest in Lot 12, Parish of Matata, 4,200 acres, Bay of Plenty District, Auckland.
Refund of payments to Natives, and survey expenses, &c. Matakana Island, Tauranga District, Auckland.
For all their interest in Te Tapatai, Tauranga District,
Auckland.
For all their interest in Ngatiraukawa lands, Patatere, estimated 249,000 acres, Waikato District, Auckland.
Survey lien on part of ditto, ditto, ditto.
For all his interest in Rotokakaranga Block, estimated 50,000 acres, Hawke's Bay.
For all hie interest in Hikurangi Block, about 9,555 acres, Poverty Bay District, Auckland.
![]() |
4.137 149 |
▲back to top |
C.-3c.
1875.
NEW ZEALAND.
LANDS PURCHASED BY GOVERNMENT FROM
EUROPEANS IN WAIKATO,
(RETURN OF).
Return to an Order of the House Of Representative, dated 9th September, 1875,
"That there be laid on the Table a Return showing what lands in Waikato have during the last two years been purchased by the Government from Europeans, such return to specify area and position of lands, prices paid, and the names of persons from whom such lands were purchased."—(Sir G. Grey.)
RETURN showing what Lands in Waikato have during the last two years been Purchased by the Government from Europeans, specifying Area and Position of Lands, Prices paid, and the Names of Persons from whom such Lands were purchased.
|
Names of Persons from whom Purchased. |
Area. |
Position of the Land. |
Price paid. |
Remarks. |
|
|
A. R. P. |
|
£ S. d. |
|
|
William Aitkem
|
50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 200 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 142 0 0 |
Allotment 49, Parish of Pirongia " 109 ' „ 120 „ „ 133 „ ,, 153 „ „ 213 „ „ 217 „ „ „ 250 „ „ „ 259 „ „ ,, 263 „ 30 „ „ „ 35 „ „ „ 37 „ „ „ 51 „ „ „ 107 „ „ „ 206 „ „ „ 207 „ „ „ 214 „ „ „ 220 „ ,, „ 244 „ „ 251 „ „ 253 „ „ 269 „ ,, 271 „ „ „ 272 Part „ 329 „ „ 6 „ „ „ 9 ,, „ 10 „ ,, 39 „ „ „ 42 „ 78 „ 80 „ „ ,, 81 ,, „ „ 79 „ 113 „ „ 76 „ „,, „ 77 „ „ |
3,138 0 0 |
Purchased as a place of settlement for the King's people. |
|
|
|
|
| |
|
|
|
• |
|
|
|
2,092 0 0 | ||||
|
Messrs.Jackson and Russell ... ... |
50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 50 0 0 |
„ 22 „ „ „ 55 „ „ „ 57 „ „ ” 194 „ „ „ 203 „ „ „ 210 „ „ „ 215 „ „ ,, 121 „ Karamu |
400 0 0 |
Do. do. |
|
|
400 0 0 |
|
|
|
|
James Marshall Lennox |
50 0 0 |
„ 149 „ |
60 0 0 |
Do. do. |
|
Helier Bree.....
|
50 0 0 50 0 0 |
„ 146 Pirongia „ 248 „ „ |
62 10 0 |
Do. do. |
|
|
18 1 26 |
Portions of Allotments 103, 226, 226, 224, and 223 Whangamarino |
25 0 0 |
|
|
|
7 2 0 |
(including severance and fencing) |
|
|
|
Do do ... |
|
Portions of Allotment 191N, Rangariri, Waikare Lake Portions of Allotments 586 and |
185 0 0 |
Purchased for railway purposes. |
|
|
|
602, Ngarnawahia (including |
|
|
|
Thomas Mabin... |
0 1 20 |
compensation for removal of printing office and other build- |
400 0 0 |
|
|
|
|
ings) i |
|
|
|
| ||||
![]() |
4.138 150 |
▲back to top |
H.—38. 14
Enclosure in No. 19.
VENTURE in DIXON's No. 1 GOLD MINING COMPANY in Account with WILLIAM SWA
|
1869. Feb. 15. |
|
|
DR. |
£ |
s. |
d. |
1869. |
CR. |
|
|
|
|
To |
cash paid |
Cary ... ... ... |
460 |
0 |
0 |
June 10. |
By cash dividend |
|
|
|
March 6. „ 12. |
„ „ „ |
„ ,, ,, |
miner's right ... ... McKean ... ... another stamp ... ... |
1 624 0 |
0 17 2 |
0 0 6 |
July 8, Sept. 20. Dec. 7. |
„ ,, „ „ „ „ |
|
|
|
|
|
,, |
Wynn, solicitor ... |
2 |
2 |
0 |
1871. |
„ |
|
|
|
Oct. 12. |
|
„ |
Gillies, Whitaker, Hes. |
|
|
|
June 1. |
|
|
|
|
|
|
|
keth, MacCormick, |
|
|
|
1872. |
|
|
|
|
|
|
|
&c.. ... ... . |
10 |
0 |
0 |
Nov. 17. |
, |
|
|
|
1870. |
|
|
|
|
|
|
1873. |
|
|
... |
|
March, 16. |
., |
„ |
Melton, per Clay |
100 |
0 |
0 |
Feb. 6. |
.. |
|
|
|
|
|
|
O'Keeffe, costs |
3 |
11 |
0 |
April30. |
,. |
|
... |
|
|
|
|
miner's right „, |
1 |
0 |
0 |
|
|
|
|
|
dune 2. |
|
|
first call |
50 |
0 |
0 |
|
|
|
|
|
23, |
„ |
„ |
second call ... |
40 |
0 |
0 |
|
|
|
|
|
;872. |
|
|
|
|
|
|
|
|
|
|
|
Oct. 23. |
„ |
„ |
third call .. ... |
50 |
0 |
0 |
|
Balance ... |
... |
|
|
1874. |
|
|
|
£1,342 — |
12 |
6 | ||||
|
|
|
|
14 \_ | |||||||
|
July — |
To |
balance |
at debit at date ... |
2865 |
2 |
6 |
By Authority: GEORGE DIDSNTRY , Government Printer, Wellington.-1075. Price 9,1.]
I.—1.
REPORT
OF THE
TAIRUA INVESTIGATION COMMITTEE;
TOGETHER WITH
MINUTES OF EVIDENCE AND APPENDIX.
Report brought up 11th October, 1875, and ordered to be printed.
WELLINGTON.
1875.
![]() |
4.139 151 |
▲back to top |
REPORT.
ORDERS OF REFERENCE.
(Extracts from the Journals of the House of Representatives.)
THURSDAY, THE 29TH DAY 07 JULY, 1875.
Ordered, That a Committee of twelve members, consisting of the Hon. Sir Donald McLean, the Hon. Major Atkinson, Mr. Bradshaw, Mr. O'Neill, Mr. Rolleston, Mr. Richmond, Mr. Thomson, Mr. Reid, Mr. Wood, Mr. White, Mr. Sheehan, and the Mover, be appointed to inquire into the whole of the circumstances connected with the acquisition and transfer to provincial administration of the Tairua and Pakirarahi Blocks, in the Province of Auckland, and of all dealings whatsoever therewith by either the Colonial or Provincial Governments up to the present date. With power to call for persons and papers. Five members to be a quorum; and report to be brought up within six weeks.—(Sir G. Grey.)
FRIDAY, THE 22TH DAY OF AUGUST, 1875.
Ordered, That the Tairus Committee be authorized to inquire, to such an extent as the evidence taken before them may appear to render necessary, into the circumstances connected with any purchase of land negotiated or concluded by Mr. Mackay, Mr. Briasenden, or Colonel McDonnell.—(Sir G. Grey.)
WEDNESDAY, THR 8TH DAY OF SEPTEMBER, 1875.
Ordered, That four weeks additional time be granted to the Taints Investigation Committee, within which to consider and report upon the matter. referred to it.—(Sir G. Grey.)
THE Select Committee appointed to inquire into the whole of the circumstances connected with the acquisition and transfer to provincial administration of the Tairua and Pakirarahi blocks, in the Province of Auckland, and of all dealings whatsoever therewith by either the Colonial or Provincial Governments up to the present date, have the honor to report as follows:—
The Tairua block, of 36,000 acres, was conveyed by the Natives to the Queen on the 7th December, 1872, without any reservation being expressed in the body of the deed, except of certain timber rights, to which the Committee will presently allude.
The purchase of this block from the Natives was concluded as stated by the Native Minister. It was one of several blocks reported on by Mr. Preece, in respect of which the recommendation required by the Immigration and Public Works Amendment Act had been made by the provincial authorities.
On the 24th June, 1874, the Tairua, block was proclaimed waste lands of the Crown, subject to he dealt with in accordance with the land laws for the time being in force for the Proviuce of Auckland. No reservation was notified in this Proclamation. On the 25th July, 1874, Mr. Mackay wrote a letter to the Provincial Government, stating that there was a reserve of 1,000 acres at Tairua not yet defined on the ground. On the 15th July, 1874, the conveyauce of the Tairua block from the Natives to the Queen was registered. On the 14th April, 1875, the surveyor appointed by the Provincial Government reported the desirability of reserving a valuable site for a township in the Tairua block. On the 15th May, 1875, the Provincial Government heard that this same town site was about to be surveyed on behalf of the Natives, and Mr. Mackay did not report the special selection of this reserve until after this survey had been made; and on the 2nd July, 1875, the Provincial Government first learnt positively that it had hems selected by the Natives as their reserve of 1,000 acres in the Tairua block, and that the Natives had leased it to an interpreter named Guildiug, in Mr. Mackay's employment. He (Mr. Guildiug) had had full knowledge of the transactions concocted with this reserve from the
signing of the original deed assigning the Tairua block to the Queen. 31r. Guilding, it appears, subsequently admitted Mr. O'Halloran, another clerk in Mr. Mackay's employment, as a partner in this lease.
It appears that Mr. Mackay was not cognizant of this transaction prior to its completion, and he states in evidence that he expressed his disapproval of it.
Mr. Guilding was an interpreter, and Mr. O'Halloran a clerk engaged and paid by Mr. Mackay both in his public and private business.
The Committee are of opinion that the leasing of this reserve by persons employed by Mr. Mackay, and presumably with special information. on the subject, nut accessible to the public generally, is open to the gravest objection.
The facts relating to the acceptance by Mr. Crippen, a clerk of Mr. Mackay's, of a share in the Prospectors' Claim, are as follows :—
The prospectors requested their agent, Sir. W. A. Graham, to offer a share in this claim to Mr. Mackay, the General Government Agent. Mr. Graham did so, and Mr. Mackay refused to accept it, giving es his reason that it would perhaps be made use of against him in his official capacity. Mr. Mackay was then asked if he would like to give it to Mr. O'Halloran. He objected to Mr. O'Hallurau receiving it, as he was connected with him by marriage; but he suggested that Mr. W. A. Graham might give it to Mr. Crippen, " who had been a faithful servant of his." The sham was accordingly given to Mr. Crippeu, and subsequently, as appears from Mr. O'Halloran's evidence, the share was divided equally between Mr. Mackay's two clerks, Mr. O'Hallorau and Mr. Crippen.
It appears from documents before the Committee that this share was very shortly afterwards sold for a sum of about £2,000. Mr. O'Hallorau acknowledges that be received £700 or £800 fur his half-share.
Mr. Mackay states positively that he himself has nu interest in the claim, direct or indirect. The Committee consider tint this transaction was highly improper, and that, while Sir.
Mackay declined the share himself, he should have peremptorily refused to allow any of the
persons iii his employment to accept it.
The terms spun which Mr. Mackay was employed upon the purchase of the Tairua and other blocks are narrated in the correspondence between, him and the Public Works Department in the year 1872, and subsequently in papers laid on chic Table this year ( C, No. 3 ). Fruit; the 1st August, 1869, till January, 1872, Mr. Mackay hail been engaged in business negotiations with private individuals, under which he had arranged for acquiring certain rights to timber, and it was male a condition of his undertaking the acquisition of these lands fur the Crown, that the arrangements for the timber which he previously made on behalf of private individuals should be respected.
Coder these engagements the Provincial Government have acquired about 150,000 acres of
![]() |
4.140 152 |
▲back to top |
I.—1. IV
land ; but the timber, for the most part, has passed into the hands of private individuals, by leases extending over a period of from twenty-one to ninety-nine years.
The prospect of land being required for gold mining purposes seems to have influenced the Government in making an arrangement which would otherwise have little, if anything, to recommend it as productive of public benefit.
Your Committee arc of opinion that it ought not to have been left to the Land Purchase Agent, considering his previous relations to those transactions, to determine the nature and extent of those rights of private persons which the Government had authorized to be respected.
It is clear to the Committee that the equity and value of such rights as have no legal sanction should, in these and all future cases, be the subject of investigation by some independent tribunal; and some means should now be taken satisfactorily to adjust the claims to timber, the title to which may require validation, and to settle upon a permanent basis the respective rights of the holders of these leases, and of the public.
The Committee, while recognizing the difficulties which the Government had to encounter when establishing the Land Purchase Department, are of opinion that the state of things which, as shown by the evidence, exists in the Land Purchase Department is not an unnatural result of the anomalous position occupied by some of the purchasing agents. Thus, Mr. Mackay stands in a singularly undecided position. At one time he is admittedly a Government officer, at, another he claims to be its an independent position, conducting land purchases for the Government on commission. In his employment, and standing in confidential positions towards him, Messrs. O'Halloran and Crippen have the opportunity of taking part in Government land-purchase business, and are in a position to ascertain the intentions of the Government, and have access to Government records, and yet, at the same time, they are not in any way whatever under the control of the Government.
The Committee consider that the engagement of persons on such conditions is inconsistent with the public interest, and they recommend that in future all persons employed by the Government as agents for the purchase of laud, no matter whether paid by salary or commission, and all persons in their immediate employment, should be taken to be Government officers, and be subject to the ordinary rules of the Civil Service.
Finally, the Committee express their opinion that the general effect of the evidence is to create a feeling of distrust in the administration of the Land Purchase Department, and to render it necessary that strong measures should be taken to purify the system, and remove from it those elements which, as shown by the evidence taken in regard to some of the agencies, arc likely to bring discredit on the Public Service.
With this view legislation wilt be necessary. As the law affecting the purchase of Native lands now stands, and in view of the power which the Government has to intercept or to prohibit private negotiations, the public generally refrain front entering upon private purchases, knowing the difficulty of completing them without the consent, tacit or expressed, of the Government, This has already, in some instances, as shown by the evidence, subjected officers of the department to solicitations from private parties, on various grounds, to allow them to complete, and sometimes to assist them in completing, private transactions.
The Committee consider that the law should be altered so as either to re-establish the Crown's right of pre-emption, or else to permit the direct-purchase system to have full sway.
The Committee arc also of opinion that the purchase or leasing of Native lands directly or indirectly to their own interest or advantage, or for other persons, by Government officers or agents whose duty it is to purchase Native lands for the public, is contrary to the public interest, and that it should he au instruction to persons employed in the Land Purchase Department to refrain, on pain of dismissal from the Public Service, from being concerned in such transactions in the future.
Under the second order of reference, of Friday, 27th August, your Committee have taken a large amount of evidence, on oath, of a most conflicting character. Upon this they do not feel that they can arrive at any decisive or satisfactory conclusion. They have directed it to lie appended to this Report.
G. GREY, Chairman.
MINUTES OF PROCEEDINGS.
WEDNESDAY, 4TH AUGUST, 1875.
The Committee met pursuant to notice at 12 o'clock noon.
|
PRESENT: | |
|
Sir a Grey, |
Mr. Sheehan, |
|
Hon. Sir D. McLean, |
Mr. Thomson, |
|
Mr. O'Neill, |
Mr. White. |
|
Mr. Richmond, |
|
Order of reference read.
Rewired, on motion of the Hon, Sir D. McLean, That Sir G. Grey he appointed Chairmau of this Committee.
Resolved, on the motion of the Hon. Sir D. McLean, That the Committee du adjourn till Thursday, the 5th August, at 11 o'clock. to allow time to procure papers, documents, Ac.
The Committee then adjourucd.
THURSDAY, 5TH Access.
The Committee met poursuant to notice at 11 o'clock.
|
PRESENT | |
|
Sir G. Grey in the Chair. | |
|
Hon. Sir D. McLean, |
Mr. Sheehan, |
|
Mr. O'Neill, |
Mr. Thomson, |
|
Mr. Riehmond, |
Mr. White. |
Submitted: priuted copies of correspoudeuce relating to the Tairua, Native reserve; printed copies of correspondence of claims upon laud taken over by the Province of Auckland from the General Government ; also, printed copy of reports of Native Laud Purchase Agents, and map of the Tairua district.
Sir G. Grey read and submitted a telegram from the Superintendent of Auckland to the Hon. the Colonial Secretary.
Resolved, on motion of Mr. Thomson, That Mr. Mackay be desired to attend to give evidence on Friday, 6th August, at 11.45 o'clock.
Resolved, on motion of Mr. Sheehan, That the Committee do adjourn till Friday, Gth August, at 11 o'clock.
FRIDAY, 6TH AUGUST, 1875
The Committee met pursuant to notice at 11 o'clock.
|
PRESENT Sir G. Grey in the Chair. | |
|
Hon. Sir D. McLean, |
Mr. Sheehan, |
|
Mr. O'Neill, |
Mr. Thomson, |
|
Mr. Richmond, |
Mr. White. |
|
Mr. Rollestou, |
|
The minutes of precious meeting read and confirmed.
Telegram from Sir G. Grey to the Hon, the Colonial Secretary, doted 15th June, 1875, read.
Telegram from Mr. J Mackay to the Hon. Dr. Pollen, dated 15th June, 1875, submitted and read.
The Hon. Sir D. McLean put in correspondence relating to Tairua Gold Fields nod Prospectors'
Claim.
Mr. Mackay's examination deferred.
Resolved, on motion of Sir. Thomson, That the Committee do adjourn till Tuesday, 10th August,
it 11 o'clock.
The Committee then adjourned.
TUESDAY, 10th AUGUST, 1875.
The Committee met pursuant to notice at 11 o'clock.
![]() |
4.141 153 |
▲back to top |
MINUTES OF EVIDENCE.
THURSDAY, 12th August, 1875.
Mr. JAMES MACKAY examined on oath.
The Chairman.] Did you purchase the Tairua block for the Government?—Yes.
Do you recollect the date ?—I am not quite certain. Some time in December, 1872. It will be found on referring to my report. It might be on the 6th or 7th of December, 1572.
Was a lease executed by the Natives for the timber over that block of laud on the day before you purchased it ?—Yes.
Was the lease to Messrs. Seecombe and Company? —To Messrs. Seccombe and Son.
Had you any interest, direct or indirect, with Messrs. Seccombe?—No, except what I had as their agent. In my report to Mr. Ormond of the 24th of January, 1872, I stated that the timber had been acquired by Seccombe and Son.
Did Seccombe and Son soon after sell the timber lease to Messrs Preece and Graham ?—I believe they did.
Had you any interest, direct or indirect, with Messrs. Preece and Graham?—None whatever, except that I had lent Mr. Preece some money, which I afterwards got back.
What was the sum of money?—£400 or £150. They wanted me to take an interest, but I declined.
Was the money lent when they began to make the purchase?—I do not know what they did with it—whether part of it might be to enable them to make the purchase ; I had no share in the timber. They wanted use to become a partner in the timber if they got it.
How long was the lease for?—The original agreement was for as long as they chose to cut, but the lease was limited to forty years. It might be forty or forty-five years.
Did you try to sell Seccombe's lease to any other persons ?—When I was acting as Seccombe's agent, I was naked to sell to Brogden and Sons. I was Seccombe's agent for surveying the block and getting a title. I stipulated with Mr. Ormond, when the Government asked use to purchase land, that I could not sacrifice the interest of my clients. Mr. Ormond said that he did not expect me to do so. I had to state in my report the position of the timber on the blocks ; that is, whether it had been alienated ; and then an arrangement was made as to the purchase. That was why the report of 24th January, 1872, was written.
When you were trying to sell for Messrs. Seccombe and Son, did you state that the timber they had the right to would be cut in five years?—I think not. On the contrary, I think I could find a telegram of Seccombe, addressed to me at Wellington, in which it is stated that there would be fifty years' cutting.
You did not telegraph to anybody to say that Seccombe had said five years.—I do not think so. At the time I was selling to Brogden I did not know much about it ; and I telegraphed to Seccombe, asking him how many years' cutting there would be, and I think he told me fifty years.
14 I have seen a telegram with your name, in which it is said that five years is the time.—That might be. That has nothing to do with the question. The Native agreement with Seccombe for the timber is until it is all cut. I might have done so under instruction, from Mr. Seccombe.
15. In the ease of the Hihi and Piraunui blocks, did you purchase these from the Natives on the 21st September, 1872?—1 cannot say the exact date when they were purchased. It is probably mentioned in the report of 24th March, 1873. It might possibly be September. I do not recollect the date of these deeds.
16. On the day before the purchase of that block, was a lease of the timber and incidental rights for ninety-nine years given by the Natives to Messrs. Russell, Stone, and. Wilson ?—Yes.
17. Then the Opango block—did you purchase that on the 24th of August, 1872, or about that date?—Yes, about that date.
18. On the 29th of July was the lease of the timber and incidental rights given by the Natives to the same gentlemen?—I believe so.
19. Did you receive any money from them for these timber leases-from Messrs. Russell, Wilson, and Stone, or any of them?—They were originally my own purchases. I bought that timber and transferred it to them.
What did you sell to them for?—I got £100 over and above what I had paid to the Natives.
What was the sum paid to the Natives?—I paid the Natives £500. They paid the Natives £1,000 more. They carried out my original agreement for the Waiwhakaurauga and Opango blocks. I did not get anything for Hihi and Piraunui ; I had not pail any money to signify on Hihi and Piraunui. I transferred to them before I had anything to do with the Government laud purchases. I had nothing to do with the Government between 1869 and when I commenced to buy land in 1572.
Why was not mention made in the lease that you were the real person that sold to them?—I suppose that nobody had anything to do with my private transactions when I was not purchasing land for the Government. Between the list July, 1869, and the time when I undertook to buy for the Government, I had as much right to buy timber as any other of Her Majesty's subjects, and therefore had a right to transfer. I transferred before I had anything to do with purchasing land. I had no personal interest when Mr. Russell and the others acquired the lease.
Why was it stated that the Natives were the real sellers?—Because the agreement had only been made, and I had not paid the balance of the purchase money to the Natives. They (Russell and others) were the actual purchasers.
1-I. 1.
Mr. Mackay.
12th Aug., 1875.
![]() |
4.142 154 |
▲back to top |
I.-1. 2
Mr. Mackay.
12th Aug., 1875.
24. Mr. Relleston.] You sold an inchoate agreement to them?—Exactly so.
25. The Chairman.] Have you any cops of the agreement ?—I did not keep tiny copy. I handed it to them. I gave over all the documents to the parties. I stated in my report that the timber on Whakairi and Kauaerauga had been purchased by a company. (Whakairi and Waiwhakaurunga are the same.)
20. The 7th of December, 1872, I believe is the date on which you bought the Tairua block from the Natives?—Yes.
27. When the block was purchased, was a reserve of 1,000 acres made for the Natives?—When I first entered into negotiations for the purchase of the Tairua block, the Natives said they would take £3,000. No mention was mode of a reserve. I had the deed drawn. up with a reservation of the timber only. When the Natives came to sign it, they said they wanted a reserve of 2,000 acres, or they wanted £100 for every thousand acres, which would be £3,000, and they would not sign the deed unless I agreed to one or other of these demands. I said I would agree to give them a reserve of 1,000 acres, but that I should deduct £100, making £2,900 instead of £3,000. I said I would make a memorandum that they should get a reserve of 1,000 acres. They were not satisfied with the memorandum, and I indorsed it on the back of the deed. The memorandum stated that the conveyance was subject to a reserve of 1,000 acres, and that the selection of that reserve was to be made within three mouths. The reason why I limited the time was because Mathew Barry had found gold there, and I thought it might be opened as a gold field, and that the Natives should not be allowed to select in any way they liked on the block. I was ill in March, and could not attend ,to it, and in April the Government asked ate to go to Wa ikato. and consequently the reserve was not laid off. These are the circumstances under which the reserve was made. That indorsement was made on the deed before any of the Natives signed it.
28. When did you first report to the Government that the reserve was made?—On the 24th March, 1873,as will be seen by my repeat.
Was Mr. Guilding your interpreter at the time? Mr. Guilding was there, sad Mr. Preece, and Mr. O'Halloran, and several others.
They all knew this reserve was wade? Yes, perfectly.
When was the reserve first selected,? It was stated at the time that they might require it in two blocks the largest portion at their old cultivations at Pukiore, and the other outside.
32. When did you select the particular block? I had not the leave to select. The Natives were to select it.
33. When did they select it?—In May last I sent Mr. O'Halloran and Mr. Guilding to Mercury Bay to get some signatures to a deed. The Natives made a request that it should be surveyed, and I gave directions to Mr. Guilding to go there with a surveyor and to survey the reserve.
34. That was in May last, after the proclamation of the gold fields ?—It became necessary, as the ground near there was being worked. The Natives asked me to have it laid off, and accordingly I scut over to have it done. Mr. Guilding's report was on the 10th of June.
35. When did you report to the Provincial Government that this particular piece of land had been reserved ?—I have nothing to do with the Provincial Government in the matter. I act under the orders of the General Government. I certainly should not report to the Provincial Government. I should report to the General Government. I offered to give you any information, but you declined to receive it.
30. That was long after ?—Not very long after, I think. It was as noon as I arrived in Auckland.
I only arrived on the 23rd or 24th of June. I was here and at Nelson on account of the death of my father. The survey of the reserve was duly completed according to my interpreter on the lath. arrived at Auckland on the 23rd June, when I received this telegram from Dr. Pollen. (Read telegram in papers marked B.) I then communicated with you at Grahamstown. On the 22nd June Dr. Pollen telegraphed to me, but it did not reach me till the 25th, when I immediately telegraphed to you as follows: (Copy of telegram read in papers B.) Other correspondence passed which I now hand to the Committee. On the 29th June I received a reply that you thought it desirable under present circumstances to communicate direct with the General Government.
37. When did you report to the General Government that this particular reserve had been made?—The Government knew it was made, as it was stated in my report of the 24th March, 1873. It was also excluded front the Proclamation of the Tairua block, under the Hauraki Gold Mining Districts Act, on the 5th or 6th of April.
38. That particular block ?—1,000 acres. I have acquainted the Government that it has been surveyed. I acquainted them verbally with it as soon as I saw Sir Donald McLean.
39. When was that ?—About the time all this telegraphing was going on respecting the Tairua question. I made a communication on the 17th of July. That was after the question had been raised by your Honor. I think I informed Sir Donald McLean personally about the 11th or 12th of June. It leas a matter of faith with the Natives.
40. Are you aware that the Provincial Government thought that the best town site on the block?— I am not aware of the thoughts of others.
41. When were you aware that your interpreter was about to lease that particular block of land?—When your Honer first charged me with it.
42.You did net know it before? No. I telegraphed to him when I first saw the charge in one of the Thames papers. and asked him if he had anything to do with it, and I got this answer. *The day-after I arrived in Auckland I heard that your honor had made a statement that I had a lease of the reserve, amid I also saw it stated that I had fixed on it as a site for a township. I telegraphed to Mr. I Guilding and Mr O'Halloran, addles whether they had any lease. I got the following answers :— " He got lease of Tairua reserve. but Natives have asked me to lease it. Do not see why I take it as Jackson, of Tairua, will if I do not ; besides which they owe me money."
Mr . telegraphed.—"Pine oF Tairua reserve will be forwarded tomorrow to Laud Court. Reverse has been seurveyed at argent of Natives. Am not aware of any one having obtained
Natives have repeatly asked me to reserve." On this 26th Mr Guilding
3 I.-1.
Mr. Mackay.12th Aug., 1876.
"I have no lease of Tairua reserve, but have promise of one from Natives, and have paid money to them, and have got receipts on account of rent. Do not see why I should not take it." Another private telegram was sent to me in Auckland as follows :—"Grace in Auckland to put injunction en
Tairua claim fur satires. Tookey told me. Tookey also says letters in Thames papers, Block 27, Hikutaia, &c. are his dictation, and written by Grace. He also saes he is Grey's mainstay, and supplies him with all information. Taipari wants Tooker, Grace, and himself to work together. Tookey also says that if I will ,give you up, that he will telegraph to Grey that he was mistaken, and that I have nothing to do with you, and fur hint to give up all objections to my lease to Tairua reserve." I answered, "Thanks for your honorable conduct in the matter, Try and get Tookey commit himself to writing. Have you any objection to my letting the General Government curs' copy of your telegram ? " Mr. Guilding telegraphed," Will try end get him to commit himself to writing. No objection to your letting General Government have copy. Tantoru auxions to see you're
Mr. Guilding having been a party to the original purchase of the Tairua Block ?—It was a conveyance from the Natives to the Crown. Guilding was not a party to the conveyance.
His name appears as a witness?—Yes.
And having therefore the knowledge that 1,000 acres had been reserved, and having the knowledge that this particular block had been taken, which is certainly the best town site there, the General Government and the Provincial Government having no knowledge that such a particular block was taken, is it, in your opinion, right that he should have used his official knowledge to try to secure that for himself ?—I do not think that Mr. Guilding had any more special knowledge than the whole public. It is stated in a public document, published in the Blue Book, that the Natives haul the right to select 1,000 acres in one or two blocks.
46. It is not so in specified blocks?—Everybody knew it as well as Mr. Guilding.
47. That is no answer. That was not in reference to particular blocks?—The largest portion of the reserve was to be made at a Native cultivetion called Pukiore, and the other at a tape outside, or at some other place. The block is selected in the places where it was originally to be, which can be procured, if necessary, by Mr. Preece, Mr. Gentling, Mr. O'Halloran, and several others, who were present when the deed was signed.
48. Where is it shown that the public had knowledge that that block was to be taken ?—I cannot say. The Natives knew very well.
I am speaking of the Governments. The Provincial Government, which owned the laud, did not know.—I made the arrangement for the General Government. If the General Government have made a mistake in not informing tile Provincial Government, I am not answerable for that. I did my duty.
That is no answer to my question, as to whether it was a proper transaction.—I do not see anything improper in it. It was perfectly understood that there was to be a reserve of 1.000 acres. It is 'frequently done when private individuals buy, that so many acres are conveyed back. [It saves covenant to produce title deeds being recited in the couveyance, and gives both parties clear title.] If the block had been selected in places other than the Natives first said, there might have been objection ; but I do not see anything improper in carrying out a distinct arrangement. [A private person would have made a reconveyance of the 1,000 acres. I could not make a recouveyance, sot having the power to issue a Crown Grout.]
If that arrangement was made, why was it not stated at the time?—For this reason. We all intended to carry the thing out in good faith. I did not trouble about it, thinking there was no difficulty. It was nettled that there was to be a reserve of 1,001) acres to be fixed. The endorsement stated that the conveyance was subje ct to a grant to the Natives of 1,000 acres.
Did you purchase also for the Govenment some blocks of land at Hikutaia ?—I did.
Was a Native reserve kept there?—No, not within the blocks purchased.
Did you lease a block from the Natives?—I and others leased a block, but no portion of what I purchased from the Government ; no portion of any reserve.
It was not kept by the Natives?—The Native Land Court made certain land inalienable, and when they sold Hikutaia and Whaugamata, I, with some other parties, did lease the inalienable block, which was altogether outside and distinct front the blocks sold to the Government. Hikutaia No. 1 and Whangamata Nos. 2 and 4 were made inalienable by the Court, except on lease for twenty-one years. The Hikutaia No. 1 block formed no part of the purchase, and had never been the subject of
negotiations.
Did you offer that fur sale as a town site?—I and others did. I had as much right to lease
as any other person. The Government had a town site in another place, which I laid out for Mr. Gillies, who was then Superintendent. Both the Superintendent and Dr. Pollen were aware that I, with others, had a lease of the block which was inalienable, and which the. Government would not purchase. It was made inalienable for Native residence. Everybody knew ; it was in open Court. It was no portion of the laud I had to negotiate -for the Crown.
Did you, on the 8th of April report to the Goverment that 15 lbs. of stone front Tairua had yielded 50 ounces of gold?—Yes ; I was told so.
58. Was the Tairua proclaimed a gold field on the same date?—I do not know whether it was the same date. The first of the I was on the 9th. I am not sure on what date I reported what I had heard about the gold.
59. Is this a true extract from a of yours:—"Referring to Sir G. s telegram
respective the in the the related by Mr. take place with except them I did not say Mr. was a Government officer. which have been
incorreet. I said I would not accept any share in the claim, and objected to It O'Halioran so, as
he was with me by I suggested might give been faithful
![]() |
4.143 155 |
▲back to top |
5 I.-1.
Mr. Mackay.
12th Aug., 187
aua equent to the Proclamation of the field. I assume Sir G. Grey wishes the Government to believe that I recommended the granting, of a prospector's claim on consideration of getting au interest in it. If Sir George Grey would kindly make inquiry, he would find that I had frequently refused similar offers of shares in claims."—That is correct. I wrote it.
60. Was Mr. Crippeu your clerk?—He has been my clerk on and off at various times.
61. Do you know if he has sold shares subsequently ? -I do not know anything of what he has done subsequently, and do not care.
62, Mr. Rolleston.] What was the effect of this lease of timber at Tairua?—The timber was leased with the necessary easements for taking it out, such as right of road and the use of the water.
Was the laud presumed to be valuable for anything but mining? Did not Messrs. Russell, Wilson, and Stone get all that was deemed of value in this block? — These lauds are valuable, as gold has becu found through the whole of them. The leases do not interfere wth the right to mine.
At the time when you made the arrangement with Mr. Ormond to act as Laud Purchase Agent for the General Government, lend the Government the power to proclaim the land, cutting off the rights of Mr. Russell and the other parties ?-The Proclamation was not issued till October, 1372, subsequent to me agreement. I believe these Proclamations have no force over lands which have passed through the Native Laud Court, but duly over lands over which the Native title has not been eatingnished.
These lauds had not gone through at the time you were negotiating ?-In the Tairua case, I think the rights of under the last lease would he acquired after the proclamation of the district under the Public Works Act. I found that several Europeans were trying to negotiate fur the land I was instructed to purchase, and 1 asked whether the Government would proclaim a certain portion under the Act ; they agreed to do so. There was great discontent because the flat lauds at the Thames had been included, and the Government were requested to withdraw it from these lands ; they did so, and the line was taken along the base of the hills. These blocks would come within that Proclamation. Some of them had passed through the Native Land Court before the Proclamation, and others had not. The piece over which Mr. Russell and others have the lease was passed through previous to the Proclamation, if I recollect rightly.
66. Does the Proclamation affect the timber. Can people get from the Natives leases of the timber, with the easements, in spite of that Proclamation ?-I should say not, provided there had been no previous arrangement. This agreement of Seccombe's was made on the 18th Mardi, 1364 (copy of agreement handed to Committee), so that they had the timber long before the Government proposed to deal with the laud. I declined to purchase any laud for the Government, unless the interests of the millowners, which I consider very great, were conserved. I should have been guilty of a breach of faith to men who had employed me as their agent if I had not done that. (Mr. Mackay read to the Committee a report of his, dated the 17th July, 1313, C. 31, in which he shows the value of the interests of the millowners.)
Who was in negotiation for the flat lands, and what has become of them ?— They have since been included. Privatepersons wished to acquire them, and public meetings were held at the Thames to get them withdrawn from proclamation. Since then a Proclamation has been issued, including not only these but a larger area..
Is Mr. Guilding a paid officer of the General Government ?—No, he never has been. I pay my officers and clerks out of my commission. I am paid by. commission. I am not a salaried officer.
What is Mr. Crippen's office P-He is a private clerk. It costs me more than £1,000 a year for clerks, interpreters, and agents.
Mr. O'Neill.] Have you a miner's right for the Thames Gold Field or Ohinemuri ?-I am not the holder of a miner's right.
Mr. Thomson.] It appears the lease to Preece and Graham was dated only a day before the land was bought ? —Yes ; to Seccombo and Son.
Was the Government acquainted with this ?-The Government seas acquainted generally with the fact that these people had rights over the timber before I went to purchase at all. I stated distinctly the position of each block, and whether the timber was alienated or not. (Mr. Mackay read extracts from letter sent by him to Mr. Ormond, 24th January, 1372, and Mr. Ormond's reply.)
It would appear that these interests to which you refer were interests connected with the sawmills ?—Yes.
71. Do you consider that these interests could not have been easily acquired by the Crown, as they appear to interfere with the value of the block. Could the Government not have bought out these saw-mill owners ?—(Mr. Mackay read figures from a return made up by him to show the extent of the saw-mill industry.) He proceeded: Thin lease was only in confirmation of an agreement made before, and to make the title of the Crown clear. The previous right was to cut for ever. (Witness referred to copy of original agrreement.) I do not think the Government would have been able to get the land so cheap had not the 'timber been sold.
75. The Chairman.] How much did Preece and Graham give for this lease P-I forget. £5,000 or £6,000. Seecombe had wanted to sell it for a long time.
70. Mr.Rolleston.] Do you consider that the lease to Seccombe was legal ?—I think it would have been an unjust act for the Government to have attempted to take a conveyance without acknowledging Seccombe'e right. Mr. Munro, who is now a Judge of the Native Land Court, was the person who witnessed the agreement, and the money was paid in the Native Office in Auckland in the presence of Dr. Shortland, before the colony had accepted responsibility in Native affairs.
77. Ike Chairman.] Is the lease lawful ?— That lease was not lawful at the time. There were several others in the raise position, and, indeed, all the sawmills. These agreements have been hr a manner legalized by the 105th section of " The Native Lands Act, 1873, which states that whereas agreements have been made by private persons for the purchase of timber, flax, and other natural productions growiug on Native lauds, and that although such agreemeuts were not strictly legal they shall be by the Court for a period not exceeding twenty-five years.
78 Mr. Thomson.] Did you take any part in the negotiations between Preece and Graham and Seecombe and Son? Did Preece amid Graham
you ?—No, they partly talked over the matter themselves. I had some conversations with Seccombe Mr, Mackay, about it. I was his agent from 1869 up to the time I was employed by the Government. Mr.
Seccombe's case was one of those to which I drew Mr. Ormond's attention. 12th Aug., 1878.
79. Mr. Rolleston.] I am not asking whether this agreement sets just, or calling in question your position, but I wish to know what has been the course of the Government from the first. Was this agreement made with the sanction of the Government? —The agreement was drawn up and signed in the Native Office in Auckland.
80. The Government has been persistent in a long course of years in acting without any law at all ?—It became a custom ; everybody bought timber, and I believe the Government winked at it. The Government could not enforce tile law ; the people must have timber. Until "'The Native Lands Act, 1873," such transactions were not recognized by law. I should say the dealings were illegal, except where the lands were held under Crown grant.
H. It was in 1872 that this arrangement in which Mr. Russell and others are concerned was made ?—No ; it was made in 1563 or 1389. Mr. Russell's agreement was made before the land went through the Court.
82. Mr. Thomson.] I have a question to ask respecting Mr. Crippen. You say you are not a salaried officer of the Government. Do you do work for private persons ?—I do not work for any private persons now. I have not taken in any new work since I commenced to purchase for the Government.
83. You may that your clerks' expenses amount to £1,000 a year ?-Yes. In addition I frequently share my commission with others whom I employ to assist me. I shared a large amount with Messrs. Preece and Graham fur assisting me.
The business of your office must be altogether connected with Government business do not transact business for private persons. The other day Mr. birth came to me and said he wanted a signature procured to a deed, aud offered me £100 to get it. I said I did not take any private work, as I had been accused of various things. I said if I saw the Native I would ask him to sign, as he said he would deal only with me, but I would take no remuneration.
Under these circumstances. are you justified in speaking of Mr Crippen as your private clerk ?—He is paid by me privately, not by the Government.
You say his work is altogether connected with the Government ?—I am in the same position as any private land agent employed by the Government to buy certain lauds. Certain limits are made as to price, and of course I purchase within these limits. The Government do not interfere with me whilst making these purchases.
87. But you objected to take an interest in this claim on the grounds that your position might be prejudiced ?—Yes, because in that question I was acting as Agent for the Government. I was not acting in my capacity as a land-purchase agent when dealing with the Tairua affair.
88. Do you not think that Mr. Crippen was open to the same objection as yourself?-No, because he was not my clerk as Agent for the General Government. I have never charged the Government for clerical assistance in my office at the Thames.
99. Do you think that Young men placed in that position, being really to all intents and purposes Government clerks doing Government work, and at the same time acting as private clerks, have advantages in becoming acquainted with the Government proceedings, at the same time that they are in the position of private individuals ?—They very seldom know what I am doing for the Government as their agent. I sometimes occupy two positions. When acting as Agent for the Government I am not transacting land-purchase work. When I buy a block of land there are probably a number of signatures to be obtained, and I leave my clerks in the office to get the signatures, or to pay to the Natives their share of the money. They do that sort of work, as my business takes me all over the country. I was fourteen months Government Agent in the Waikato, and during that time Mr. Crippen was one of my clerks ; he was then paid by the Government. When I left he became one of my clerks, paid by me out of commission. At the time the Tairua block was proclaimed, I was asked to act for a few months as Agent for the Government, which I did.
I am referring to the share given to him in this gold urine P-I do not know whether you have
been acquainted with gold mining; :but digger s have a habit when they find a claim, of bebaving men-of-war's men who have just been paid off, giving shares to Tom, Dick, and. Harry. I have
frequently, between 130 and 1872, had my name put down for shares in mines when I knew nothing of it.
The Chairman.] When this share was offered to you, you were sitting in your office as General Government Agent ?—I do not know whether it was offered to me in my office. It was offered me two or three times, and I think once in the Pacific Hotel, and once in the street. It might have been offered in my office.
02. Mr. Graham said it was in the office that he waited upon you. It was offered to you as Agent for the General Government ?—No, not as General Government Agent, but when I was acting as Government Agent.
You knew it was very valuable ?—I did not know it was particularly valuable. I have been bitten so often about mines, that I have little faith in things of that sort.
Did you not think it became any agent of the General Government, when such an offer seas made to him, to ask the gentleman making it to walk out of the office ?—It was not offered to me as a bribe. I was simply asked to take a share ins a claim. Anything I had done about the prospector's claim, had been done long before. Sir D. McLean had told me to tell these people they would get a claim. I was once offered a share in Hunt's claim, which was worth £20,000, and refused it.
95. Did the shares being offered not leave upon your mind the impression that a wrong state of affairs was likely to spring up ?—No. Miners ask a man to take a share-especially if they think he is a man of influence —and think that it adds to the value of a claim. People seeing my name amongst the shareholders would say that it must be a good claim.
96. I was asking about the General Government Agent, who had great powers in this case ?— Well, I declined it.
![]() |
4.144 156 |
▲back to top |
1.—1.
1.-1.
7
6
97. It was given by you to your clerk ?—No, it was not. I deny that. I said, " You can give it to him." "What harm was there in that It was simply doing him a good turn.
98. I have a difficulty in knowiug how it was determined when you were acting as private agent, and when as a Government officer. Were you always General Government Agent?—No, only at times wheu I was specially appointed.
Are the dates of the appointments and of the cancelling to bo found?—I was asked to take charge of I think, on the Lst March. That has nut been cancelled yet. I do not act unless I am told to do some particular duty. I was the otlieer who arranged the confiscated lands in
Waikato, and I have also had a great deal to do with and the Government have frequently
asked me to undertake special work on account of my knowledge of question. I have undertaken it in some instances at great personal loss. When I went to Waikato. negotiations which I bad nearly completed for purchase of land before I went, had on my return all to bo done over again.
Mr. Kolleston.] At the time you went to Waikato. it was thoroughly understood between yourself and the Government that you were entitled to continue negotiations you had in your hands as a private agent ?—Decidedly. I was independent so far as land purchase was concerned.
It did not preclude your for private individuals?—I have bought no land for private persons since I acted for the Government. I have constantly declined. Mr. Buckland Mr. Firth, and Mr. Morrin have asked me to take work. I refused to take anything new. When I
made the arrangement with Mr. Ormond I was in for private persons, and I
would have rendered myself liable to actions if I had not carried in out. I distinctly stipulated
about these tilings before I would buy laud for the Government.
Hon, Sir D. McLean] In reference to the question put by Mr. Rolleston as to these agreements being had the land in through the Court ?—All the Mercury Bay land had passed through the Court, and many private individual had leases of timber before I got instructions.
Having these completed leases, of course private individuals might have obtained these lands if they wished ?—Yes.
Wheu were these equitable leases taken up?—I can hardly say when. I fancy that some of the Mercury Bay saw-mills leases were in aud 1871 Nearly all the blocks wero surveyed by the millowners.
Was there much pressure brought to bear on the Government to acquire those lands for gold mining, notwithstanding the existence of these leases?—There was great pressure brought to bear by the public and the Superintendent constantly. Public meetings were held, and the Government were called upon to purchase. I think these purchases were advantageous. I know that uearly all the land is auriferous, and will become valuable for gold mining. I think the Government have got the lands very cheap. I have got land for 2s. 6d. for which private individuals would give 5s. I have bought some land for 3s, land alongside of which has been sold for 15s. A company was about to purchase a large extent of laud on this Coromandel Peninsula, aud were prepared to go to a much larger price than it was subsequently acquired for by the Government. I was negotiating, in partnership with Captain Daldy, for the purchase of the Waikawau block of 60,000 acres, and he would have gone to 5s. an acre. In addition to that, I was asked to join a number uf persons, some of them at Coromandel, amongst them Mr. Thomas, of an English gold mining company. These men would have found a large amount of money. I believe that this was one of the reasons why pressure was brought by the Superintendent to employ me.
Mr. Rolleston.] Would it have made much difference iu occupation of the laud whether it went into the hands of private persons ?—It would not have been opened for gold mining. It did not all come under the gold-mining agreements.
Mr. O'Neill,] Have Prceee and Graham much land nt Coromandel ?— Old Mr. Preece had a piece there wheu Mr. Williamson took possession under the mortgage. A piece of about 20 acres was left to him, on which he resided until his death, and on which Mr. J. W. Preece's mother now lives. There is a freehold of 150 acres at the mill site at Tairua, which Mr. Seccombe had passed through the Native Land Court in 1866, I think.
108. Mr. Rolleston.] All this difficulty has arisen from the abandonment of the original Native Lands Court Act, aud going in for purchase by the Government ?—I am not aware.
Mr. Mackay.
12th Aug., 1875
FRIDAY, 13TH AEOEST, 1875
Mr. JAMES MACKAY further examined on oath,
Son. Major Atkinson.] I wish to ask you whether a writ was issued against you in connection with this case, and by whom?—A writ was issued iu the Supreme Court on the 10th of July last against me and others. This is a copy of it. It was never served on me. There was a long declaration attached. It was removed from the Supreme Court after being submitted to the Judge. The declaration made strong allegations.
Mr. Rolleston.] Does the writ make any allegations itself?—(Mr Mackay read the writ, and handed in a copy. He proceeded:) I have not got the declaration. It Mas removed after myself and several persons had seen it. My solicitor saw it.
Hon. Major Atkinson.] I should like to know if you suffered any damage by that proceed-
ing?— considerable damage. It was published in the Auckland papers, and several friends
came me what fraud I had committed. It was alleged I had committed a fraud on the
Gover. in the matter of the 1,000 acres reserve, had made a resent long after the purchase, and
had leased it myself.
The Chairman.] Is that statement in the writ ?—There were
Mr. Mackay.
13th Aug., 1875.
Is it true that Mr. Guilding and Mr. O'Hallorau had entered iuto au arrangement with the Natives to take a lease of the reserve —I telegraphed to Mr. Guilding, and ho stated that he had not. I only know of any arrangement by the telegrams which I put in to the Committee yesterday. I saw no arrangement made.
You say you bad a telegram from Mr. Guilding, in which he stated that he had made no agreement ?—I asked him, aud the telegram I put in was the answer.
115. If Mr. Guilding had completed a lease, and had proceeded to let town sites or dispose of them, would that have been a serious loss to the proviuco?—The province could never lose what it never possessed. It never possessed the 1,000 acres. That belonged to the Natives.
When did the province have notice, or the General Government, that this particular block of 1,000 acres was the property of the Natives?—The Government never had such notice. They had notice that 1,000 acres wero to be selected.
The particular block that Mr. Guilding took the lease of ?—That is the block I always understood the Natives were to have I informed Sir D. McLean about this reserve.
Wheu was the date about of the survey?—The Natives made application on the 11th of May,l875,to have it surveved. They applied to me, first some time in February, 1873 I could not do it in March as 1 was ill, and i had to go to Waikato iu April.
118. Did the agreement with the Natives state that the places were to be selected within three mouths?—It did, but that was a stipulation more on behalf of the Government than ou behalf of the Natives.
Not having been selected within three month, and the whole block having been made over to the province, had the province not the right to dispute the selection —Decidedly not; by no rule of law or justice. It was the delay of the Government and not of the Natives. The Govcrnmeut were bouud to keep faith with the Natives, and would have been guilty of a breach of faith had they not douc so.
Had the province the right to go to Court to ascertain the fact? —I think not; I think the province had no right in the matter. There was an agreement made with the Natives, and that was bound to be carried out. Some of the reserves iu the Middle Island were not. laid off for years after the deeds were signed.
Did you in the month of April mark out or mark ou the official plan of the Tairua block, in the Waste Lands at Auckland, another place as the site where the 1,000 acres was to be taken ? —I do not know where it was taken; I might do so. Mr. Tole might say, where is such and such a block, aud I might mark out on the paper giving the information as uearly as I could. I got no application from the Goverumcnt to fix tut reserve.
Mr. Rolleston] Was the purchase made on the spot?—No at Shorthand, under the sanction of the Superintendent and Dr. Pollen.
Did you, iu April last, in the presence of Mr. Watters, point out a particular spot on the Tairua block as the place for this reserve?—I might hare; that would not define it. The Natives have the right to select, not me. Casual conversation might take place, and I might make a rough sketch, but whether I put it at the right place or the wrong I cannot say.
Was Mr. Guilding the witness to the one final transaction in which the 1,000 acres were reserved ?—Yes, I said so yesterday. I mentioned he was there with several others.
And at that time the position of the reserve was understood?—It was not definitely fixed. They had the right to select, and they thought the greater portion should be at Pukiore. I am not quite certain how much was to be at one place, and how much at another. it was left open.
The Chairman.] You think the Government not to have been warned immediately where it was ?—I considered I was carrying out my instructions. It was suggested bv me that these reserves should be made inalienable, and I received instructions to make them wherever necessary.
You think if a reserve was likely to be valuable as a town sire, that the Government ought not to have known about it ?—The Natives had the right to select 1,000 acres ; it was bought subject to that. It would have been a most unjust act, aud a breach of faith, not to have carried out that arrangement.
And your officer had a right to go and lease without the Government knowing what piece was? taken ?—Anybody had a perfect right to go aud lease it; the Natives have the right to lease it.
With regard to the Hikutaia block, what tribe does that belong to ?—It was dispute? between Ngatipu and Ngatiktaraua; the Court made au arbitrary division of it.
131.—How many blocks did the Court give them ?—Whangamata Nos. 1, 3, and 5 were alienable Hikutaia Nos. 2 aud 3 were alienable. The other blocks, Whangamata Nos. 2 and 4, were mad inalienable by the Court Hikutaia No. 1 was made inalienable by the Court.
You purchased from the Natives the Hikutaia block?—I purchased from the Natives foi the Government the Hikutaia 2 aud 3, aud Whangamata 1, 3. and o blocks.
You purchased the lease of one of the Hikutaia blocks for yourself?—I with others got lease of the block that was inalienable, or rather of a portion of it; the part the Natives did not want
l34. Did you, as a Government Agent, ask the Government before you did so ?—I was not
as Government Agent. I was merely acting as Land Purchase Agent I only buy the blocks I au instructed to buy. I was never instructed to buy No. 1. I could not buy what was inalienable. I was only a portion of it which was leased for township purposes. It was open for anvbody else to d so. There was no fraud or wrong done to the public in the matter.
135. Theu you did not consider that it was necessary for the Government to try to protect then own interests by case as to the 1.000 acres inquired into by the —I con
sidered you did mo great injustice. was a most arbitrary and ou your pan
(excuse me for saying so). The proper course would have been to complain to the Secretary
aud to have asked for a Commission of inquiry iuto my eouduet, if it was as you alleged. 100. You think that the Superintendent of the proviuce, in goiuar to the Supreme Court of tat
Mr. Mackay.
13th Aug., 1875.
![]() |
4.145 157 |
▲back to top |
9
I.-1.
Mr. Mackey. 15th Aug., 187
would hare saved you from taking such a step. There are various ways of doing things. I consider yo me a great wrong and injustice without giving me any chance of defending myself.
How could I have got the information ?—I was instructed to give it to you, and you refused to
138. Had you published offensive letters in the papers before that ?—I wrote one in my own defence. One does not like to be jumped upon, especially when his hands are tied by the Civil Service Regulations. But I do not know that there was anything offensive in the letter. You made much more offensive remarks about me at Grahamstown, which were duly published and commented on by the papers.
Did you state yesterday that you were in no way under the provincial authorities, and would not recognize them ?—I said that I had nothing to do with them. lily duty is to communicate with the General Government. Whenever I have gone to you, you must say that I have given you all the information in my power. I have been quite willing to give you any information you ask for.
'Were you the proper channel of communication with the Superintendent, or had he the right to go to the General Government ? —I presume that the proper channel woo with the General Government ; but if I was instructed to give you any information I was the proper person to apply to, which would have saved trouble and reference.
111 Mr. &Heston] la there any document from you to Mr. Guilding, expressing any opinion respecting his proceedings with reference to the Tairua reserve ?—No, I saw him shortly after. I said that I was vexed that he had taken it ; that lie ought not to hare done so. I thought he ought to have asked me, as it had caused me a great deal or trouble, and had caused a writ to he issued against me. Mr, Guilding said that he had a right to take the lease. I said I wished lie had first asked me whether I thought it was right for him to do it.
112. Mr. O'Neill You state that you have no lease of timber at Tairua or Ohinemuri, of your own ? —None.
143. The Chairman.] Are you engaged in completing any purchase for Mr. Russell in the Upper Thames ? —I am engaged iu buying land for the Governmeut, a portion of which is, I believe, to go to Mr. Russell. I think that is mentioned in a report of nine, C. 3.
What I want to know is, you are engaged iu completing that for him ?—I am buying in ono block, and a portion is to go to him.
145. Mr. .] Have you been instructed to make one purchase ?— Yes, the money would be apportioned, I assume, between Mr. Russell and the Goverumeut, according to the area he got and the Government got. He was buying the whole block, and I suggested that he should take one-half and that the Government should get the other. I wanted to get the whole Aroha range for the public, as it is likely to be auriferous.
140. It was proclaimed under the Public Works Act ?—It has been proclaimed since (October, 1874).
147. Was this one of the arrangements you were previously engaged in for Mr. Russell ?—I never was Mr. Russell's agent in the matter at all.
119. This was not a block which you were previously negotiating for Mr. Russell ? —Not at all.
Was it your suggestion that Mr. 'Russell should be allowed to prosecute some portion of this purchase with the Government ?— It was.
Do you consider that these lands are bought for the Government at a cheaper rate than private individuals hire to give ?—The of private and Government purchase are not the same. The Government buys good and bad, taking a large block, and calculates the average rate. A. private individual will pick the eyes out (that is, take the choice pieces), and give more for it than the Government average rate. He may take only 500 acres or 1,000 acres of the best.
Could not the Government, when they entered into treaty for the land, have at once issued a Proclamation excluding Mr, Russell ?— Mr.Russell was there before the Government ; they could have stopped him.
There was none of this negotiation done by you previously ?—Mr. Russell asked me, but I declined to buy it, and he employed Preece and Graham
The facts are that, notwithstanding a Proclamation securing the purchase to the Government, the Government entered into a kind of partnership purchase for the Laud ?—Mr. Russell was negotiating for the land before the Government ever thought of purchasing it. He was buying both sides of the Thames River. I thought that one side should come to the Government, and I told Mr. Russell that if he did not agree to that I should oppose his purchase. That is how the matter came to be talked about. He said, " Would you let me go on with the west aide?" I said, "You had better apply to the Goverment about it."
151. The Chairman.] Would it have been possible for you to have purchased the whole block without consideration of Mr. Russell's claim I had been instructed to do so, I dare say I could have purchased it, the same as now. It is a difficult block to purchase.
155. Then if the purchase had been made, could Mr. Russell's rights have been considered in open Court, and compensation made for any rights which might have been ?—No doubt that could have been done.
150. Mr. Rolleston.] Do you think he would Lave any rights ?—The same as any other person under the Native Lands Act, Persons buying Native lands generally gave a deposit, and agreed to pay the expenses of surrey. All Native lands are bought in that way.
157. Has not the law, as it now stands, practically done away with the operation of the Native Land Court till after purchase by the Government P When the Government issued its Proclamation, would the Court have recognized any claim of an inchoate kind on an agreement with the Natives ?—
I expect they would not, except in the case of flax or timber; I do not think they would about the land. They would recognize a lien that a person had got for survey. Any agreement before the issue of a certificate of title or memorial of ownership would be illegal; but it has been the custom of the country to set this aside. Native lauds were usually bought in the manner I have described. That was the common process.
I see by your answers that you misunderstand me. After all your experience in these purchases, taking such a case as that of Mr. Russell's, would it not have been better for the Government Agent himself and for the public, that the whole of the land should have been purchased for the public by the Agent, and that then ass "pen Court, constituted for the purpose, should have heard what Mr. Russell's claims were fer consideration — if they were just, and how—far-and then have dealt with his claims, rather than have thrown the responsibility upon a single individual, who seas the purchaser of the land ?—lt was referred to the Government, not altogether decided by me. I merely made the suggestion, whirls was to by the Government. I am nor aware of any Court which could hare taken of the matter. I have always, even as a private land agent, had a great objection to buying, land which other people teem dealing for. I have never asked the Natives to set aside any man's bargain. It would he wrong to do such a thing for the Government, as it would cause great injustice to private
159, Whom was Russell dealing through? Were you aware that he was engaged in actual negotiations with the Natives ?—I ant aware ; he asked me to net, and I refused; and he employed Preece and Graham, and they were actually engaged in negotiations.
160. Mr. Richwond.] You stated, did you not, that Ise had paid money ?—He told me so.
161. The Chairman.] Would you produce a copy of your lease of the block at Hikutaia from the Natives P—I think it has been burned. It is given up. It was made, I believe, in Mr. Rowe's name. There were three or four people in it, I will make inquiry for it.
162. Mr. Rolleston.] Is that correspondence in reference to Mr, Russell's interest in Waiharakeke and Hungahunga on record ?—I think so. I think there is some correspondence about it. I wrote a letter, and received one from the Government.
Colonel McDONNELL examined on oath:
163. The Chairman.] Have you ever had any conversation with Sir Donald McLean regarding a communication mile to you by Mr. Brissenden, that ho was empowered its seine Way to make purchases of timber leases for Mr, Vogel and Mr. Russell, and to buy land for Dr. Pollen, at the same time that he was purchasing land for the General Government ?—Yes.
164. Sir D. McLean.] When did this take place ?—In Auckland, in January last, the 25th, in those buildings which Mr. Kemp is in.
165. Did you mention Dr, Pollen's name or Mr. Vogel's name ?— Yes. I went into the office and talked about a conversation I had had a few days previously relative to the lands handed over to Mr. Brissenden. I said I thought that there would he some difficulty in concluding those purchases. You said von were sorry to hear that, and I left. I fancied afterwards that you might have fancied that I would have put difficulties in the way, so when I came to see you to explain these difficulties, I told you, in reference to the Kairara and Tutamoi blocks, that Mr. Brissenden said he was empowered to hare blocks cut out of these purchases for Mr. Russell, because of his contract, in which Mr. Vogel was concerned.
106. These are your own views ; they were not stated to me ?—This is what I stated to you as a good reason. I was expressing my opinion of Mr. Brissenden at the time I related these things to you, to let you know what he had told me. He also stated that he was going to purchase land for Dr. Pollen, adjacent to some land that he had at Kaipara. I forget the name of the block. After I said this, something was said about the New Zealand Cross. Afterwards you said you asked me if I bad any objection to put these things in writing. I said no, and I got paper and wrote to you.
167. What date was that on P-To the best of my recollection it was on the 25th of January.
168. I never saw anything of you on the 25th of January.
169. The Chairman.] Did you deliver that letter ? — I left it on Sir D. McLean's table.
Was he there ?— No; he was not.
Did you keep a copy of the letter ?— I kept a sort of rough copy, which I think I have in my papers.
Was that the paper you read to me ?—Yes, I repeated the whole thing to Dr. Pollen what I told you (Sir D. McLean). I went to Dr. Pollen after I had seen you, and related it to him in his own office in the Government Buildings.
Sir D. McLean.] You related it to Dr. Pollen ?— Yes, I said to Dr. Pollen, "And he also said that you had employed him to buy land." He has wade the same statement to others at Hokianga.
Mr. Balaton.] I am not quite clear as to how this conversation arose with regard to Mr. Brissenden. 'Were you repeating a conversation of Mr. Brissenden to you ?—Yes.
And he stated that he was engaged to buy laud for Mr. Russell ?—He stated that lie had permission to purchase timber for Mr. Russell, in consequence of his having a contract with the Admiralty.
What was your object for repeating this to Sir Donald McLean ?—I had an object in repeating it to Sir Donald McLean.
177. What was the object you had in view?-The object was this had been negotiating for the purchase of laud in the North for two or three years, and I had succeeded in negotiating for a certain number of acres, when Sir Donald McLean cause to Auckland. He told me that these lands I had purchased, with the exception of the Victoria Valley, were to be handed over to Mr. Brissenden to complete. and that after the Victoria Valley lauds were finished there would be nothing more for me to do, and that I had better petition the House if I thought lily services were worthy of any recognition. I had previously-some time after Mr. Brisseaden had been employed-certain offers made to me by Mr. Brisseaden which I could not entertain, and I foresaw then that Mr. Brisseaden had gained his object in getting me removed from the North. There were several things I had been the means of preventing Mr. from doing which I considered excessively wrong. and I wished to show the state of the case, and to give him (Sir D. McLean) a good idea of Lose matters stood. That was my real awl only object in mentioning that conversation.
The Chairman.] Were most of your purchases neatly completed when Mr. Brissenden went
Mr. Maekay. 3th Aug., 1875.
Cot, McDonnell, 13th Aug., 1875.
![]() |
4.146 158 |
▲back to top |
I.-1.
10
11
I.-1.
Col. Mc Donnell,
13th Aug., 1875
Hon sir D.
McLean.
18th Aug., 1875
179. Sir D. McLean.] How many were surveyed P-There were Waopu, Pekapeka, Wairake, One Opoteka. of which the surveys had been commenced. That does not include the Victoria Valley purchases. A good many negotiations had only been waiting for surreys. The whole had been waiting for the Land Court.
180. None of them had passed through the Court ?— No ; none.
181. The Chairman.] Were they so nearly completed that there was very little work left to do ?— There was very little work, except what might crop up at the Native Land Court. I consider that all the hard work had been finished ; such as getting the Natives together.
182. Are you aware whether any of them have been completed since ? — I believe some hare.
183. Sir D. McLean.] Are you aware that Kaihu has not passed through the Court yet?-Yes.
184. The Chairman.] Was the impression on your mind that Mr. Brissenden was to get a large payment in consequence of what you had done, with little work comparatively speaking?—Yes, I have been under that impression.
185. Did you understand front Mr. Brissenden that one particular block of timber land was to be cut out of the purchases (being made for the Government)?—Not a particular block ; simply in a general way. He told me also that I should get half the profits that would accrue to him from Mr. Russell.
186. Mr. Rolleston] He made that offer to you; Mr. Brisaenden's offers were to the effect that yon should participate in the profits made from cutting out land to give to Mr. Russell ? — The offer was He would get a certain profit-percentage-and that I should stand in with him in it.
187. And the transaction was—what ?—That certain good blocks of timber in these lands—valuable timber-should be reserved; should be cut out as reserves for the Natives ; but that, really, he should have them for Mr. Russell.
1S7. Who was it that Mr. Brissenden gave you to understand was in communication with him with reference to this proposal have no recollection of his stating.
188 Do von mean you have no understanding from whom the proposals to Mr. Brissenden came?
did not understand that he was doing this with direct authority. I understood from Mr. Brissenden that lie had permission to excise these blocks for himself and his friends ; and he has repeated that to Mr. Webster, in my presence, about Kohukohu. He said he was allowed by the Government to excise certain blocks, mid he would do so in this case.
[With reference as to whether Sir D. McLean was present when I laid the letter to him on the table in his room, I wish to make a further statement.]
WEDNESDAY, 18TH AUGUST, 1875.
Hon. Sir D. McLEAN examined on oath.
The Chairman.] I wish to ask you whether Colonel McDonnell had a conversation with you, in which he told you that Mr. Brissenden had informed him that he (Mr. Brissenden) was empowered to purchase timber leases for Mr. Russell and Sir Julius Vogel, and land for Dr. Pollen ?—No, he never told me anything of the kind.
Did you ever desire him to put such a thing in writing ?—No ; I have been looking over the correspondence, and there is no letter of such a nature on record.
I wish to know whether there were any presents given to the Natives at the Thames from time to time by the Government ? —There were.
Who distributed these presents ?— I do not know. The officers down there. Mr. Puckey,
I suppose.
Had the General Government Agent anything to do in distributing them ?— I know one or two cases where he was authorized to make presents.
Do you think it probable that the Natires considered his clerks as being Government clerks too ?— No, I do not think so. The Natives down there are generally intelligent. Taipei is one of theta, and I think he would know the distinction.
Do you think they all did?-I think most of them. I could not answer for all.
196. When the lease was signed in Mr. Mackay's presence, and Mr. Guilding acting as interpreter, and other officers as his clerks, do you think the Natives could distinguish between them and Government officers?—The interpreter employed when the lease was signed was Mr. Wilkinson. Mr. Guilding may have been there also.
197. His name is to it ?—He very likely was there at the same time. I understood Mr. Wilkinson was there. I understood Mr. Wilkinson was acting-interpreter.
Do you think they looked upon them as Government officers ?—I do not think the Natives generally would ; because Mr. Mackay had for a long time been acting for private persons, and disconnected with the Government.
Do you consider it a proper thing of the Government having allowed that share to be given to Mr. Crimson, when Mr. Mackay was acting as General Government Agent P-No, I do not ; I do not consider it was.
200. Had he your authority to engage in this land purchase for Mr. Russell, near Te Aroha ?— He was generally acting under instructions from Dr. Pollen, who was resident in Auckland at the time arrangements were made for that block.
201. Was it you who put Mr. Brissendeu in Colonel McDonnell's place to the north of Auckland ? — I did not put him in Colonel McDonnell's place. I removed Colonel McDonnell, and Mr.
was there negotiating at the time. He had been there for some time, backwards and
and had entered into several negotiations.
201. Do you think that Mr. Mackay ought to have reported to the Provincial Government the particular block of land which he was going to select for the Natives on the Tairua block P-I think he
203. Then he did not report to the General Government about the reserve ?—He reported the reserve, but not the selection till recently-after the survey had been made.
204. After the block had been surveyed ?—Yes.
205, With regard to the timber lease of Mr. Russell on the Opango Block, which Mr. Mackay
said belonged to himself formerly, do you recollect the reason that a Proclamation was issued on the Gth of September, taking that Black from under the control of the province could not state the reason. I suppose there are reasons in the correspondence. I believe there is a correspondence about it.
May that be furnished to the Committee ?—I will look up the papers and furnish them if the Committee think it necessary.
Mr. Rolleston.] I should like to ask you to state the terms of the arrangement with regard to the purchase of Mr. Russell that was referred to in the examination of Mr. Mackay here ? — terms of it are simply these: That Mr. Russell gives up the purchase on one side of the river, and on the understanding that Mr. Mackay does not interfere with him on the other side in completing a certain purchase. The land that Mr. Mackay wanted to complete the purchase of for the Government formed part of the Aruba block. Mr. Russell was buying there. and he relinquished his claim on one side of the river, as you will find stated in Mr. Mackay's report, which has been laid upon the table.
The Chairman.] Was the block which Mr. Russell was purchasing, and which now Mr. Mackay is purchasing for hint, that included originally in the Proclamation issued forbidding purchases in that district ?— It was outside the boundary that Mr. Ormond, as Minister for Public Works, had assigned to Mr. Mackay. I cannot state whether it came within the or not.
Mr. Rolleston.] the Government understand that Mr. Maekay was to jointly for the purchase of the whole for Mr. Russell and the Government, and subsequently there was to be a division of payment and of the land ?—I cannot answer that question. I do not know the particular nature of the arrangement. My understanding was, that Mr. Mackay threatened to the whole for the Government if he did not get Mr. Russell to give up that portion nearest To
Is there correspondence upon the subject ?—There is a printed correspondence laid upon the table.
Does it show exactly what passed between Mr. Russell and Mr. Mackay ?—1 cannot tell the Committee that.
Or between Mr. Russell and the Government?—Dr. Pollen would know more about the transaction than I do. He was in Auckland, and had charge of these matters at the Thames.
Was there any understanding with Mr. Mackay as to whether he was entitled to conduct private business at the same time?—It was understood that he was not to conduct private business, but to work altogether for the Government.
Do you think it was right for Mr. Guilding to take a lease of that reserve from the Natives? —I do not think it was. If he had been a Government officer it would have been reprehensible. lie was not in any way a Government officer, He was not connected with the Government, except by working for Mr. Mackay,
Do you not think it possible for Europeans or Natives to have misconceived the position of Mr. Mackay, alternating as Land Purchase Commissioner and Government Agent, and as restricted from taking private practice ?—I think it is probable that Natives or Europeans might not know in what particular capacity he was acting. His transactions in connection with laud were chiefly when he was not a Government Agent. He was Government Agent when in Waikato. "When at the Thames, and in his district, he was purchasing land on commission. He was for a time acting as Agent at the opening of Ohinemuri.
The public had no means through the Gazette of keening of any change in his position ?—No.
Do you not think the whole arrangements require revision in regard to this: system of land purchase ?— The system is one that has been forced upon the Government from the circumstances of the country. They had to compete with numerous capitalists coming in, and had to employ the best agents they could to secure the laud tor the public. A reference to the correspondence will show how difficult it -was for the Government to get any laud at all under the circumstances, As soots as it is possible, the system which I prefer will be adopted, to employ officers on salary to acquire laud, and not on commission.
Is the Government advised that the purchase of timber is legal upon laud for which no certificate of title has been granted ?— It is not legal, of course-not strictly legal. It has been permitted from the foundation of the colony to the present day. There was an Act restricting the purchase of timber and everything else, which was repealed by the Assembly.
The Chairman.] Why were the Provincial Government at Auckland not allowed to interfere in these laud purchases ? I ask that because I do not admit that these difficulties were of a character which, I understand, the General Government feel them as being.-The Provincial authorities had been consulted about these. Under the first sum of £200,000 the bad been consulted ; and both Superinteudeuts had been consulted about these purchases, and one of them, at least, took au active part in the purchases.
But latterly that was not the case ?— Latterly, I believe, it was not the case. I would point out to the Committee this difference between the £200,000 and the £500,000: that the intention was to charge the £200,000 to the proviuces. and consequently it was understood that the should have a voice in the purchase of this land. There was no such condition applicable to the last sum of money granted for purchases.
Mr. Rolleston.] Would it not be a great advantage to Mr. Russell to hare these
negotiations conducted by a Government agent for lands a which by Mr. M, they would have the whole of the timber for ninety-nine years: I mean that the should buy the land ?— I do not think so.
Would it not make the Government their
Hon. Sir E.
18th Aug.,
![]() |
4.147 159 |
▲back to top |
Hon. Sir D.
McLean.
18th Aug, 1875.
12
223. Had this Tairua block passed through?—I think the Tairua was one of the blocks.
224. The Chairman.] Was it a gold field at the time?—It was supposed to be auriferous.
225. Was it proclaimed?—I cannot recollect; the Proclamation will show.
226. Mr. Rolleston.] I understand that these timber leases, or a large portion of them, were stated to be invalid by Mr. Mackay's report?—One or two were invalid through some informality—through the declaration of the interpreter not being to it.
227. But surely they were all invalid that that arrangement would apply to. Mr. Mackay would have no occasion to say to the Government "You must respect these arrangements," if they had a legal title?—The Government uniformly respect all equitable titles that Europeans have from the Natives, in the shape of timber leases or other rights.
228. The Chairman.] Who settled the equitable nature of the title?—In these eases Mr. Mackay was himself the party who had been, purchasing timber for Europeans, and his understanding with Mr. Ormond is laid down specifically and clearly in the report before the Committee, wherein he recites a number of cases, and takes employment from the Government only on the understanding that these are respected.
229. Mr. Rolleston.] Then we come this that it would be a great advantage to the holders of these questionable leases that the Government should buy the land, and practically validate them?— I do not consider that there was any great advantage. They had an equitable right, out of which they could not be disturbed.
230. They had no legal right?—They had, in most instances, on lands that had passed through the Native Land Court. Lands which had not passed would not be in the same position.
231. The Chairman.—I proposed to the Government this plan: that their agents should buy the whole block of land from the Natives in the first place, and that then, in open Court, all equitable claims of Europeans should be determined in reference to that particular block, instead of giving to a private individual—to one individual—the power of determining and settling with the people who claimed?—Your proposal was that there should he a Court of inquiry.
232. What objection was there to that plan?—I do not know of any objection. I believe it would be a good suggestion to have a Court of inquiry.
233. Why was my proposal not replied to?—I cannot answer that question; I thiuk you made the suggestion to the Colonial Secretary. I cannot answer as to any correspondence between you.
234. Mr. Thomson.] I wish to whether the Government has any information as to whether the leases granted by the Natives to those persons were for the same areas of land as the leases subsequently confirmed by the Government? I have heard something about these leases extending over larger areas ?—I am not aware of any such case.
235. The Chairman.] Have the Government in their possession, in reference to the Tairua block, any document which shows what was the area of the original timber leases from the Natives to the proprietors who claim a lease from the Crown?—In reference to Tairua particularly, I could not answer that question without looking up the documents, and seeing whether there is any discrepancy between the leases. I will see if there are any documents on the subject.
236. Mr. Sheehan.] Do you know whether this Waiharakeke was inside the proclaimed boundary or not?—It was outside the boundary of the block Mr. Ormond instructed Mr. Mackay to negotiate.
237. If it were within the boundary of the Proclamation, there would be no occasion for making any arrangement with Mr. Rusell?—No, the Government would have the whole control of the matter.
238. The Chairman.] Was any public notification issued that this privilege had been given to Mr. Russell, in order that the rest of the Queen's subjects that could might come in and claim a similar privilege?—I am not aware of any except the Proclamation. I am not aware of any other notice.
239. Then it was an individual privilege?—It was a public matter. I do not think it was intended as an individual advantage. Every individual that had rights would be on the same footing.
240. Were they informed of it?—I cannot say whether they were informed of it or not.
241. Mr. Sheehon.] Of course, under the provisions of the 75th section of the Native Lands Act of 1865, all transactions for the acquisition of Native land, before going through the Court, are null and void?—Yes, they are null and void.
242. I take it for granted that there can be no equitable interest which has been declared null and void by statute?—Unless the land had passed through the Court. If it had done so, it would, of course, be a legal title. A great number of blocks down there had passed through the Court.
FRIDAY, 20TH AUGUST, l875.
Mr. H. T. CLARKE, Under Secretary for Native Affairs, examined on oath.
Witness deposed: I have brought the papers referring to Hungahunga and Waiharakeke.
243, Mr. Rolleston.] I want to understand from Mr. Clarke what is the position of the Native Purchase Department in relation to the permanent head of the Native Department ?—In what respect do you mean?
244. Does all correspondence pass through the Under Secretary's bands ?—It does.
245. All correspondence of every kind with regard to land purchase?—Yes; the Native Land Purchase Department is considered a branch of the Native Secretary's Department.
246. The Chairman.] Are you in charge of that branch ?—I am supposed to be in charge of both of them.
247. Mr. Rolleston.] These are the whole papers with regard to this transaction?—That is a complete file of the Hungahunga and Waiharakeke papers.
248. Do the printed papers of the Tairua block contain the whole of the correspondence in the department?—Everything. If there are any not there, they are simply matters of routine. The principal matters are there.
249. Do the papers laid on the table with regard to Mr. Brissenden contain the whole of the correspondcuce?—The whole, except some unimportant papers.
13 I.—1.
THURSDAY, 26TH AUGUST, 1875.
Colonel MCDONNELL further examined on oath.
250. The Chairman.] What is the further statement which you wish to make to the Committee?—It was about whether Sir Donald McLean was in the room when I laid the letter on the table. Sir Donald McLean was in the room when I laid the letter on the table. After I had finished writing the letter, I had the envelope in my hand, and was just going to moisteu the gum, when I said, "No, I won't; I will go and read the letter to Sir Donald McLean, and have some more talk with him." When I went into the office, to the best of my recollection and belief, Sir Donald MeLcau was in the office, and I think it was Mr. Kemp, Civil Commissioner, who was with him; but there was some one with Sir Donald in the office. I said, "This is the letter," and Sir Donald McLean said, "You had better leave it on the table." I did so and at once went down to Dr. Pollen. I saw Mr. Brissenden standing underneath the Post Office balcony. During the time I was having the conversation with Sir D. McLean in the office, in reference to some remark I made, he said, "I wish I had known as much of this before as I do now, but we cannot go back."
251. Sir D McLean.] Before you go on, did you not state to this Committee that you left the letter on the table; and then you were asked if I was in the room, and you stated distinctly that I was not? How is it that you have changed your statement?
252. Mr. Rolleston.] I think the witness should make his statement first, and then he can be cross-examined afterwards.
Witness.] When I saw Mr. Brissenden, I went up to him and said that he was to have blocks which had never cost him any trouble, and which he was to be paid upon the acreage. I asked him to come up and see Sir Donald McLean, but he said, "No, if he wishes to see me, he will send for me." I went up again to the Civil Commissioner's office; I saw Sir D. McLean standing in the street just by the door of the Civil Commissioner's office. I wished to talk to him, when he made a remark about my dog. A gentleman then came up from the Club, and Sir D. McLean turned and walked with him. I went home, and told my wife all that had occurred. I said to her, "I do not think that McLean will knock me off altogether, as he said he would." The Committee will excuse me from making this remark. Under this impression, next day I got a kit of nectarines and peaches from my garden for Sir D. McLean, and took it away, imagining that he would be at the office. I went there, and left the fruit. When I came out I met Colonel St. John at the Club, and I gave him two peaches, and said to him that I had left some peaches on Sir D. McLean's table, when he said that he had gone to Waikato. I saw Major Heaphy, V.C., and I said "You are in luck; come and have some peaches."
253. Sir D. McLean.] I wish you to explain how, in your statement the other day, which was very clear and distinct, you stated that you left the letter in my room, and that I was not there at the time ?—I was mistaken. I did not know I was coming before the Committee. I was in the lobby, and I was walked right up. I thought I was not going to be called till next day.
254. What difference would that make? You have made two statements, one contradictory to the other. I merely want you to give an explanation of the two different statements—The only explanation I can give is that when I went into your room with the peaches, you were not there, and that I was confusing that with the time when I went with the letter. I should like to make another statement before the Committee if they would permit me—not in reference to this, but it applies to that. Just before Sir D McLean left for Australia, he told me that Mr. Brissenden had been employed to purchase land in the North, and that he hoped I would not interfere with him—implying that I would do nothing against him with the Natives. Some time after this Mr. Brissenden was a passenger on board the same steamer I went down to the Bay of Islands in—I think about the 16th of June, 1874. Mr. Brissenden asked me if I had been purchasing land in the North. I said "Yes, that I was employed as a Native Land Purchase Agent." He asked me what salary I got. I told him £300 a year, and 10s. 6d. a day travelling allowance. I said, "What do you get? " "Well," he said, " I get £2.2s. a day, £1 1s. travelling allowance, and an interpreter allowed at £1 1s. a day, and 10s. 6d. travelling allowance. I get 4d. an acre on all lands I buy, and I have the permission to purchase lands for myself and my friends in small blocks." I said "Indeed" He said, "I told McLean and Vogel that unless they gave me this permission it would be no speculation, and would not suit me, and that they must not expect my services." After some more conversation, he said, "I was afraid at the time I got this that it might be injurious to yourself and to Mr. Kemp, but I was assured by McLean that Kemp was well provided for. and that your claims on the Government were such that they would have to put you in some department or another, and that he did not care whether you bought land or not." I said to him, "How is it possible for you to have got permission, as you say you have, from the Government to purchase land on your own account?" He said, "I have got them pretty well by the wool." He said he was standing before the fireplace, and Sir Donald was on one side and Mr. Vogel on the other. They said they had sent for him to offer him the appointment, and entreated him to accept it. They asked him what he wanted. He stated what pay he wanted, aud permission to buy land. They said they would give the pay and allowance he asked for himself, but they could not allow him to purchase land. He said to them "You have sent for me and if you will allow me I will tell you a story." This is the story which he said he repeated to Sir D. McLean aud Mr. Vogel. "There was a man named Florence, who kept a large hotel in New York. He had a suite of rooms in the hotel for his private acquaintances. One evening, while he was there, a knock came to the door, and they called 'Come in.' The door was opened, and there was a man with gold rings on his fingers, and gold chain. He said, 'Is this Florence's room?' 'That is my name.' said Florence. 'Well,' said the man, 'you sent for me, Florence,' Florence said he had not sent for him. when the man putted out a newspaper, which had an advertisement, 'Wanted, a first-class head waiter.' 'Now,' he said, 'You sent for me, Florence, aud I come.' He then placed his credentials before Florence, who read them, and said, 'These are all right and satisfactory so far; now comes the question of pay—what salary do you want ?' Ho answered, 'If you want honesty, Florence, and a good man to conduct this hotel properly, 150 dollars a week; but if you don't want honesty, I don't care what you give me.'" That was exactly the story as it was told to me, I need not say that I did not believe him.
Col. McDonnell.
26th Aug., 1875.
![]() |
4.148 160 |
▲back to top |
I.—1.
34
35
I.—1.
Mr W. H. Grace. 21st Sept., 1875.
Hon. Sir D.
McLean.
33rd Sept., 1875
charge 3s. Gd. a yard for it on an order. He said," I cannot supply the goods unless at that price. If cash were paid I could sell it at 2s. rids ; but as it is an order from Mr. Maekay, you must pay 3s. Gd, Its several instances storemen have offered me commission if I would take to them all the orders I could get.
Are these orders made upon any particular storemen 7-All orders for flour or sugar, or articles of that kind, were mode upon Mr. Adams; while Goldwater, William; or Wilson (three drapers), always received the orders for drapery goods.
Could you have taken orders to any other ?—No ; the order was made out upon the particular storekeeper.
711. Who made these orders out ?— O'Halloran used always to make them out. I know that a private individual at that particular time was dealing with Native; and he said they might hare Hour and sugar They got it at £16 a toe, while Adlam was charging the Natives for flour-not first-class Hour-£20 a ton on these orders.
710. Are there order, given for goods, or are they fur any particular amount of money on the face of them ?—These orders state that so and so wants so many yards of cloth, or so many blankets and No price was put down. The Native took that order ; of course, he never saw the bill.
Were these orders given in payment foe land?—Yes; the Natives were not paid in money but by these orders. I have known Natives lay "Give me money," and to be told that the Government had not sent any money, and that they could not have any.
Mr. Rolleston.] Do not the orders purport to be for articles to suds an exteut ?—No; I never ease an order made in that way. I have made out a list of orders. I used to assist O'IIallorao, as be did not speak Maori. The Maoris were asked what they waisted, and they would Fay so many shawls, and that would be put down, and so on, in the order. The Native never knew bow touch money he was going to get.
722. The Chairman.] Do I underatand that the order said goods of a certain quantity ?—Yes 723. And that then the shopkeeper supplied the goods?—Yes, imd the bill was sent in to Mr. Mackay.
724. Then the Native found he had received so much money ?—When it came to a settlement, it was found that this particular tribe owed so much money, and the question came, what land it was to be charged to When these orders were given the land was probably not surveyed, and it was impossible to tell how much each was entitled to.
725. Me, Rolleston] Can you say whether Mr. Mackay or Mr. O'Halloran got any commission ?—I cannot tell whether they got any commission. I would not like to say so. I hare been offered commission myself,
726. The Chairman.] How much did they offer you ?— They said if I would bring the orders they would give me some commission. I declined to enter into any arrangement.
721. When you went with these orders. were you able to bargain for the Natives to get the goods cheaper only went in one instance with a Native named Meremana.
72S. Do the Natives generally take the orders themselvea?—Yea,
720. And they did not know what they paid for the goods ?—No, unless they asked the storemen.
I have been on two or three occasions with some of the old Ohinemuri men. Who previous to that time did not come to Shortland. On one occasion we went into Goldwater's with ass order. They received a lot of goods—shawls and things of that sort—aud I do not recollect their asking what the price was.
730. I understand from your evidence that the Government at least have a great power of patronage in selecting the people on whom these orders are given ?—Yes, the Natives knew that they could not give a good title to a private individual, but by coming to the Government they would receive some money at any rate. When they came to settle up, all the money was mixed up its a total and charged to land.
731. There are a great many storekeepers and shopkeepers in Grahamstown and Shortland, and by the Government selecting two or three to whom these orders were made, they had a power of exercising a great influence iu the place over certain persons?—Those is no doubt that certain storekeepers, get all the orders; the others had no chance of supplying goods to these Natives. The Natalia could not go to any shop they liked ; they had to go where the orders were directed to.
The orders were made to particular storekeepers?—Yes. If the goods were Sour or sugar, the orders went to Adlam the drapery orders were divided, as equally as we could, either to Goldwater, or Williams, or Wilson, I ma speaking of the time when I had something to do with it, in July or August twelve months.
733. Mr. O' will.] What time was Block XXVII. leased ?— I tihnk in January 1860. It was passed through the Court in Mac 1868. Mr. Mackay lensed it from the Natives, and afterwards, just before he went through the Bankruptcy Court, it was to Oliver Mason Creagh,
734. What was the date of the Hikutaia affair forget exactly the date when was Opened as a gold field,
Where in Gibbons's mill situaed?— He has a saw-mill of his own, and has also leased a mill from the Hauraki Saw.mill Company, both on the Thames River.
THURSDAY. 23RD) SEPTEMBER.
Sir D. McLEAN re-examined on oath.
The Chairman.] We wish to ask you a question about Colonel McDonnell getting land. Mr assaautts josses nays that he came to Wellington and now you about a piece of laud called Otawa, you a letter about it ?— He did
And that you told him it was all right not recollect telling him that, [Chairman read Mr. S. Jones's letter.] I do not renumber giving him any sanction. I was strict in prerenting
Europeans from getting land where the Gorernmeat were
arrangements previously with the Native; I acted in the sense manner with everybody. If any one had rights prior to the Government purchasing, of course I could not interfere, and did not.
738. You do not recollect giving him this authority ?— No, I do nut recollect giving him authority for 5,000
739. The real point is this; he undoubtedly told McDonnell this; he admits it ; and upon that he, with Mr, Briesenden, proceeded to negotiate for the block. The accusation arose against McDonnell, of having bought for himself He makes a statement that it was for Mr. Jones, and that Mr. Jones had your authority?—4 think Colonel McDouncll stated that he had done so without any authority from the Government. I remember perfectly that Mr. Jones did write me a letter here in Welliegtou with reference to souse land.
710. Thu did not distinctly tell him that it was all right have no recollection of doing so. I have made inquiries into the matter by telegram. I think the whole of the correspondence, including Mr. Jones's letter, is on the table of the House. I heard that Mr. duties was very much embittered against the Government for preventing him from acquiring, land in the North. He was there, with a Mr. Yates, to get the best of the country, and of course it was the interest of the Government to try and prevent hint.
741. Wan it arranged that Mr. Dargaville should hate some laud?—Certainly not. I never heard his name in connection with land till the other day. 1 told Mr. Brisseuden not to interfere with any persons who had already entered into arrangements for the purchase of laud from the Natives, and to abstain from meddling with them.
742. Who was to determine whether they had done so or not ?— It was easily found out on the spot whether any arrangement existed between the Natives and Europeans.
743. How would it be found out?—These arc matters of public notoriety. A purchase of land is always well known where it takes place.
744, Did you hear of a case in which Major Green was its which he claimed to have purchased land up thus Thames ?—It was stated in the papers know of it in no other way—and was not denied, no far as I have seen, that the agreement was antedated by twelve mouths in order to make it appear that it was come to with the Natives before the date of the heard souse rumour about that when I was in Auckland, but I know nothing of the particulars. I was told that the rumour had been circulated by a man named Alley, who was formerly a settler in Hawke's Bay, an utterly unreliable character. I heard he had been circulating these reports.
745. I only mention this to show that some Court of investigation is necessary in order to decide upon such choose ?—I quite agree that a Court would be a very good thing. But these transactions are public. They have to pass through a Court before private individuals call obtain any right.
746. What was the slate of the Act enabling the Government to issue Proclamations exempting land from the operation of the Act 7—The first immigration and Public Works Act was in 1570, and there were additional. Acts in 1572, 1573, and 1571.
Mr. G. R. D. O'HALLORAN examined on oath,
747. The Chairmtra.] In his evidence before this Committee, with reference to the share in the Tairna Prospectors' Claim, Mackay states,-" The conversation related by Mr. Graham did take place with use, except that I did not say that O'Halloran was a Government officer, which would have been incorrect. I said I would not accept any share in the claim. and objected to O'Halloran doing so, as he was connected with me by marriage. I suggested that Mr. Graham might give it to Crippen, who had been a faithful servant of mine. Mr. Graham said, All right, we were always friendly with the He then gave it to Crippen. I hare no interest in the claim, direct or indirect." Did Crippen give you half of that share ?—Tee, he gave use half of that share, and I gave him half of a share at Ohinemuri.
748. What did you sell that half for?— I think somewhere about £700; I have not made up the amount.
749. According to this list, the whole share comes to upwards of £2,000 the whole share. You say you only received about £700 ?-atomewhere about £700. I have bought and sold other shares with the money.
780 I thought you stated yesterday that yeu bad received upwards of £800 ?— I said somewhere about £700 or £500 and I think so still.
781. Did the system prevail at the Thames of malting advances to Natives on their land by means of orders on tradesmen for goods ?— Yes ; Natives would come and ask for advances. They very often used to come to Mr. Mackay, and in the absence of Mr. Mackay they would ask me for advances ix goods. and I used to obtain them for them.
Did you give orders on storekeepers for certain articles ?— Sometimes an order was given, and sometimes" I went with them to the storekeeper.
783. Who were the storekeepers employed ? — Any storekeeper that the Natives liked to go to, 754, No person had a preference from your department ? — No.
785, Did you generally give ties orders on particular persons ? — Yes, generally.
786. Who were they a-There were a great many—Wilson. Hetherington, Goldwater, Litchfield, Adlam. then at there was Mitelsell, and and some in There were others at the Thames.
787. Did Mr. Mackay ever give these orders ?—Yes. I know he did sometimes.
788. How did these people get paid ?— They used to bring in the accounts, and Mr. Mackay would them notes for the money when he had Ito Government at other times he paid The orders
789. They call all be lasnld that ?— Most of times
790. Mr. Were the orders seat to
791. Mr G. What
Hon Sir D.
Mc Lean.
23rd Sept,, 1875
Mr. G. R. D.
O'Halloran. 23rd. Sept., 1875.
![]() |
4.149 161 |
▲back to top |
64
65
I.–1.
Mr. TORN GUILDING to Mr. JAMES MACKAY.
(Telegram). Grahamstown, 6th July, 1875.
GRACE in Auckland to put injunction on Tairua Claim for Natives. Tookey told me. Tooke, also says letters in Thames papers, re blocks 27, Hikutaia, &c., are his dictation, and written by Grace. He also says he is Grey's mainstay, and supplies him with all information. Taipari wants Tookey, Grace, and himself to work together. Tookey also says, if I will give you up that he will telegraph to Grey that he was mistaken, and that I have nothing to do with you, and for him to give up all objections to my lease re Tairua reserve.
JOHN GUILDING.
Mr. JAMES MACKAY to Mr. JOHN GUILDING.
(Telegram.) Auckland, 6th July, 1875.
PRIVATE. Thanks for your honorable conduct in the matter. Try and get Tookey to commit himself to writing. Have you any objection to my letting the General Government have a copy of your telegram ?
JAMES MACKAY.
Mr. JOHN GUILDING to Mr. JAMES MACKAY.
(Telegram.) Grahamstown, 6th July, 1875.
WILL try and get him to commit himself to writing. No objection to your letting General Government have copy. Tautoru anxious to see you re Pakirarahi.
JOHN GUILDING.
Sir G. GREY to the Hon. the COLONIAL SECRETARY.
(Telegram.) Auckland, 14th June, 1575.
I HAVE had shown to me a telegram from Mr. Mackay to the owners of the timber lease of the Tairua block, to the effect that he did not consider them entitled to the lease for forty years of the whole area, but that the lease of parts of it should be resigned. Might Mr. Mackay be requested to supply me at once with a copy of this telegram ?
G. Grey.
Sir G. GREY to the Hon. the COLONIAL SECRETARY.
(Telegram.) Auckland, 15th June, 1875.
THE following statement has been made in a letter from Mr. W. A. Graham, agent of the Tairua prospectors: It appears to require explanation, which I request I may be furnished with:—" With reference to inquiry how Crippen got his share, the facts are: The prospectors requested me to offer a share in the claim to Mr. Mackay. I did so, and he refused to accept it, giving his reason it would perhaps be made use of against him in his official capacity. I asked if he would like to give it to O'Halloran or any one else, as a share was at his disposal. The prospectors wished to make up their party to ten men. Mr. Mackay said O'Halloran could not receive a share, for the same reason that he could not, being a Government officer; but if I liked I might give it to Crippeu, who was a private individual, and the only person he could think of at the time to give a share to. I said it mattered not to prospectors who got the share; accordingly Crippen got the share, and thus became one of the party.
GEORGE GREY.
The Hon. the COLONIAL SECRETARY to Mr. JAMES MACKAY.
(Telegram.) Wellington, 22nd June, 1875.
Sir GEORGE GREY has been informed that you have been directed to furnish him with any information he may require relative to the timber lease in the Tairua block. Be good enough to do so.
DANIEL POLLEN.
Mr. JAMES MACKAY to Sir G. GREY.
(Telegram.) Auckland, 25th June, 1875.
THE Hon. the Colonial Secretary has requested me to give you any information you require relative to the timber leases at Tairua. I am prepared at any time to give all information in my power respecting that or any other negotiation for land in which I have been engaged on behalf of the Government.
JAMES MACKAY,
Agent General Governineut.
Sir G. GREY to Mr. JAMES MACKAY.
SIR,— Superintendent's Office, Auckland, 20th June, 1875.
I have just received your telegram, dated yesterday, addressed to me at Grahamstown, in which you state that you are prepared at any time to give me any information in your power respecting the timber leases at Tairua.
I beg to inform you that the information which I require is a copy of the telegram sent by you to the owners of the timber lease, and of which a copy can be supplied by the Telegraph Department, if you have failed to keep one.
I have, &e.,
G. GREY,
James Mackay, Esq., General Government Agent, Auckland. Superintendent.
Mr. JAMES MACKAY to Sir G. GREY.
SIR,— Auckland, 26th June, 1575.
I have the honor to acknowledge the receipt of your letter of this date, requesting me to furnish you with a copy of a telegram sent by me to the owners of the Tairua timber lease.
In reply, I have to request that your Honor will be so good as to state the purport of the telegram to which you allude, and also whether it was on public service or a private telegram, in order that I may be able to trace it.
I have, &c.,
His Honor the Superintendent, Auckland. JAMES MACKAY, jun.
Sir G. GREY to Mr. JAMES MACKAY
SIR,— Superintendent's Office, Auckland, 26th June, 1875.
In reply to your letter of this date, I beg to state that the telegram to which I allude was a telegram from the General Government Agent (Mr. Mackay). It related to public rights in a valuable property, and was, as such, "a Government telegram." I enclose a copy of my telegram. to the Hon. Dr. Pollen, of the 14th instant.
I have, &c.,
James Mackay, Esq., General Government Agent, Auckland. G. GREY.
Mr. JAMES MACKAY TO Messrs. PREECE and GRAHAM.
(Telegram.) Auckland, 22nd June, 1873.
IN reply to Hon. Mr. O'Rorke's telegram, re Preece and Graham's rights to timber on the Tairua blocks, and on portions of the Omahu, Whangamata, Hikutaia, and Te Karo blocks, I have the honor to state that these rights existed by written documents, between Natives to Tothill and Seccombe, long before I purchased the land for the Crown, and, under my instructions from the Hon. Mr. Ormond, I had no option but to conserve their rights. The deeds of conveyance to the Crown from the Natives show their rights on the face of thorn. I think that Preece and Graham's rights at Tairua should be confined to the timbered portion of the block only, and the right of way and water easements for timber floating and driving; and they should give up their lease over the eastern part of the block. The land on which the timber stands is not suitable for settlement or occupation, but is valuable for gold and gum digging only, and for its timber.
JAMES MACKAY, jun.
Mr. JAMES MACKAY to Sir G. GREY.
Auckland, 28th June, 1875.
I have the honor, in accordauce with the request contained in your letter of the 26th instant, to enclose herewith a copy of a telegram from myself to the Hou. Mr. O'Rorke, which was sent at his request to Preece and Graham. This is the only telegram I am aware of about the Tairua timber leases.
If there is any other information or explanation which your Honor requires respecting the Tairua timber leases or land purchase, I shall be happy to afford it, if in my power.
I have, &c.,
JAMES MACKAY,
His Honor the Superintendent, Auckland. Agent General Government.
Sir G. GREY to Mr. JAMES MACKAY.
SIR,— Superintendent's Office, Auckland, 29th June, 1875.
I am much obliged to you for a copy of a telegram of 22nd June, 1874, which you inclosed to me in your letter of the 28th instant.
In reply to your offer of affording me any further explanations or information, whilst I thank you for that offer, I think it desirable, under present circumstances, to communicate direct with the General Government.
I have, &c.,
James Mackay, Esq., General Government Agent, Auckland. G. GREY.
REPORT OF G. T. WILKINSON LAID BEFORE THE COMMITTEE BY SIR G. GREY.
Information concerning the proposed Lease of the Tairua Reserve of 1,000 acres by private Parties,
for the use of his Honor the Superintendent.
DURING the latter end of April or the early part of May last, Messrs. O'Halloran and Guildiug went to Mercury Bay to see some of the Natives of that place in connection with the Government land purchases. It was then proposed that Mr. Guilding should have the management of matters in connection with the Tairua reserve of 1,000 acres on behalf of the Native owners, and it was to be surveyed forthwith.
The said reserve was granted to the Natives at their request when the purchase of the Tairua block by the Government took place in 1872, Messrs. Mackay aud Preece being the agents on behalf of the Government. The Natives wished at that time to have the 1,000 acres divided, and take a portion at Pukiore (the present reserve), and a small portion of 48 acres somewhere at the entrance to the Tairua River. But this, I believe, was overruled, as it was not thought that the Government would issue two Crown grants, and the whole thousand was then arranged to be taken at Pukiore, the Government having agreed at the time of the sale to pay for the survey of the reserve.
During the visit of Messrs. O'Halloran and Guilding, it was decided that the reserve should be at once surveyed, and, on Mr. Guilding's return to the Thames, a Mr. Tole was sent to make the survey.
![]() |
4.150 162 |
▲back to top |
66
A letter was sent by Guilding to Peneamine, one of the Native owners, to meet him and the surveyor at Pakirerahi (the site of the Prospectors' Claim, Tairua), and there to point out the boundaries of the reserve. This was done, and it was at that meeting with Peneamine that Guilding proposed that he (Peneamine) should lease the block to himself and Mr. O'Halloran.
The terms upon which Guilding wanted the lease for himself nod companion were for twenty-one years at £200 per year, or £50 per quarter. This, however, was not then, nor has it been since, wholly agreed to by the Natives, especially as regards the number of years—Peneamine and Miriama wishing the lease to be only a yearly one, or at most for three or four years.
Although the mutter does not appear by any means to be settled, Mr. Guilding took upon himself to advance to Peneamine and Miriama £15 in cash, and also to take up an account of some £ owing by them at Mr. Carina's store, Mercury Bay.
As soon as the surrey should be finished by Mr. Tole, a letter wits to be written to the Natives, when they would possibly go over to the Thames or Auckland, mid, if the arrangemeuts made were satisfactory to themselves, would perhaps sign the deed of lease. Guilding told them not to go and demand rent from any of the Europeans now living on the block, as that would be payable to himself and co-lessee; the yearly rent of the block being what the Natives were to receive.
The Tairua River is navigable for vessels up to the reserve, the p.s. "Effort" having been up there and discharged passengers and cargo.
It does not appear that Mr. O'Halloran took any active part in the transaction, although it seems that ho was to have been a party with Guilding in the lean. Redoes not appear to have been present when the matter of the lease was talked about or when the money was paid ; the whole of the business appears up to the present to have been done by Guilding.
There is a small portion of the reserve, said to be some three acres or so, which is intended by the Natives to be leased to Mr. Jackson, of Tairua, he having had it for some considerable time, and been in the habit of paying rout yearly to the Natives.
It would appear from the foregoing statement that there has been no lease made up to the present time of the Tairua reserve. Neither do the Natives consider that they are in any way bound to grant a lease to Messrs. Guilding and O'Halloran, nothing definite baring been agreed to between them; and,
from conversations that I held with Miriama, Peneamine, and. Matene they gave me to understand that they would be willing to lease the reserve to the Government, provided suitable terms could be arranged. But they would wish to be held indemnified as against auy action that might be taken by Messrs. Guilding and O'Halloran, should those gentlemen be bold enough to institute proceedings against them. One of the owners (Peneamine) has written a short note to the Superintendent, in which he partly refers to the matter.
The above account is from purely Native sources, and as ouch cannot be relied upon as correct in every particular. I therefore thought it better that I should see if any information was forthcoming from European sources, and from Mr. Carina, of the Whitianga Hotel, I obtained the following :—That he was present with Mr. Guilding, at his own hotel, and saw the Natives Miriama, Peneatniue, and Matene Pehi sign a deed, written out in both English and Maori, which he was given to understand was an agreement to !ease the Tains reserve of 1,000 acres to Messrs. Guilding and O'Halloran, and lie says that cheques were made out and signed by Guilding to the amount, he thinks, of nearly £50, and paid to the Natives. There was no other interpreter present than Mr. Guilding himself.
GEORGE T. WILKERSON,
2nd July, 1975. Licensed Native Interpreter, Thames.
Copy of Writ handed in by Mr. Mackay.
Victoria, by the Grace of GOD, of the United Kingdom of Great Britain and Ireland, Queen.
To Miriama Pehi Pukukauri, Peneamene Tauui, Hori Kerei Tuokioki, Metene Pchi, and Marara Houma, all of Mercury Bay, in the Northern District, in the Province of Auckland, in the Colony of New Zealand, aboriginal satires ; John William Richard Guilding, of Shorthand, in the district of Hauraki, in the province aforesaid, Licensed Interpreter ; Gerald O'Halloran, of Shorthand aforesaid, Laud Agent ; and James Mackay, of Shorthand aforesaid, Government Agent,
Greeting:
We command you that, within twenty-nine clear days after and exclusive of the day on which this At rit shall be served upon you, you do appear and plead to the declaration of Sir George Grey, Knight Commauder of the Most Honorable Order of the Bath, Superintendent of the Province of Auckland, in the Northern District, Colony of New Zealand. hereunto annexed, and cause such pleading to be delivered at the place named on the back hereof. And take notice, if you fail so to plead, the said Sir George Grey may proceed in his action in your absence.
Witness—His Honor Thomas Bannatyue Gillies, Require, a Judge of our Supreme Court of New Zealand, at Auckland, this Muth day of July, 1875.
N.B.—If the last day for delivering your plea shall fall on a Sunday, or a holiday, the plea is to be delivered on the day following. Also, if the last day fail on auy day from 25th January to 10th March, both included, the clear days are to be reckoned exclusive of the days from 25th January to 10the March, both included.
writ was sued out by William Lee Rees, of Queen Street, Auckland, in the Province of in the Colony of New Zealand, solicitor for plaintiff.
plaintiff claims £21 for his costs in respect of this writ, and service, and incidental thereto, and upou satisfaction of the plaintiff's claim, and payment of the costs to the plaintiff, or his solicitor,
67
In the Supreme Court of New Zealand,
Northern District. No. 6809.
Between Sir George Grey, Knight Commander of the Most Honorable Order of the Bath, Superintendent of the Province of Auckland, in the Colony of New Zealand, plaintiff; and Miriama Pehi Pukukauri, Peneamene Tanui, Hori Kerei Tuokioki, Mateue Pehi, and Marara Hanata, all of Mercury Bay, in the said Province of Auckland, aboriginal natives ; John William Richard Guilding, of Shorthand, in the said province, Liceused Interpreter ; Gerald O'Halloran, of Shorthand aforesaid, Land Agent : and James Mackay, of Shorthand aforesaid, Government Agent, defendants.
Declaration handed in by Sir G. Grey.
The ninth day of July, 1675.
Tho plaintiff, by Willimn Lee Rees, hie solicitor, says,—
That in the month of December, one thousand eight hundred and seventy-two, the above-named Miriama Pehi Pukukauri, Peneameue Tanui, Hori Kerei Tuokioki, Matene Pehi, and Marara Hama, were the owners of all that piece or parcel of land in the said Province of Auckland hereinafter described and called or known as Tairua block. (Plan of which is hereunto aunexed, marked A.)
That the said Miriama Pell Pukukauri, Peneamene Tanui, Hori Kneel Tuokioki, Matene Pehi, and Marara Hanata, did, on or about the seventh day of December, one thousand eight hundred and seventy-two, grant, sell, and assign the said laud unto Her Majesty Queen Victoria by a deed in the words and figures following:—
" This deed, made the seventh day of December, one thousand eight hundred and seventy-two between Miriama, Pehi Pukukauri, Peueamene Tanui, Hori Kerei Tuokioki, Mateue Pelle Marara Hantam, all of Mercury Bay, in the Province of Auckland, and Colony of New Zealand, aborigival natives (hereinafter called the said vendors), of the one part, and Her Majesty Queen Victoria of the second part, witnesseth that in consideration of the sum of two thousand nine hundred pounds raid by Her said Majesty Queen Victoria to the said vendors (the receipt whereof they do and each of them doth hereby acknowledge), they, the said vendors, do and each and every of them sloth hereby convey and assure unto Her said Majesty Queen Victoria, her successors and assigns (save and except as hereinafter mentioned), all that piece or parcel of land containing by admeasurement thirty-six thousand acres, more or less, situate at Tairua, in the Bay of Plenty, Queen's County, iu the province and colony aforesaid, and called or known es Tairua block, the several boundaries of which said piece or parcel of laud are the several measurements of the boundary lines thereof are particularly shown and set out on the plan of the piece of laud hereby conveyed drawn hereon, together with all the rights, casements, members, and appurtenances thereto belonging, and all deeds thereto relating, and all other rights which the said veudors or any of them have or may have of into or out of the said piece or parcel of laud, to hold the same premises unto Her Majesty Queen Victoria, her successors and assigns for ever, subject, nevertheless, to the sale and grant of the timber mid trees on the said and the demise of the said laud made by a certain deed of grant and demise between the grantors of the one part, and Richard Seccombe and John Carroll Seccombe (therein described) of the other part, bearing, date the sixth day of December, one thousand eight hundred and seventy-two. In witness where of the said parties have hereunto subscribed their names.
" Pear his x mark. " Tam.
" Hoes KEREI his x mark.
" MATENE
MABARA HANATA, her a mark.
"Signed by the said Miriama Pehi Pukukauri,
Peneamene Tanui, Hori Kerei Tuokioki,
Mateue Pehi, nod Manors Hanata in the
presence of
"J. W. R. GUILDING,
" Licensed Interpreter, Shorthand,
" GERALD
" Land Agent, Shorthand."
That on the said deed is indorsed the following declaration
I, John William Richard Guilding, of Shorthand, in the district of Hauraki, Province of Auckland, and Colony of New Zealand, a duly Licensed Interpreter under The Native Lands Act, 1805," The Native Lends Act. 1067," The Native Lands Act Amendment Act, 1868," The Native Lands Act, 1860; and 'The Native Lands Art Amendment Act, 1970; do solemnly and sincerely declare as follows :-
" (1.) That I was present, together with Gerald O'Halloran, of Shorthand aforesaid, Land Agent, a male adult, and did see Miriama Pehi Pukukauri, all mentioned and described in the within writteu deed, duly sign and execute the said deed.
(2.) That the signatures Peueamene Tanui and Mateue Pehi, set and subscribed to the paid within written deed, me of the proper handwriting of the said Peneamene Tanui and Matene Pehi respectively; and that the marks x," x," a,' thereto set and affixed, were made in our presence by the said Mliriaina Pehi Pukukauri, Hori Kerei Tuokioki, and Marara Hanata respectively.
" (3.) That the signatures J. W. R. Guildiug and Gerald O'Halloran, set and sub to the
said withiu written deed as the witnesses attesting the due execution thereof, are proper
handwriting of Gerald O'Halloran and me, this declaraut. respectively.
"(4) That immediately before the execution of the said deed V the said \_Miriama Pehi
![]() |
4.151 163 |
▲back to top |
stood by the said Miriam Pehi Pukukauri, Penenmene Tanui, Heti Kerei Tuokioki, Matene
and Marara Hanata. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the above-named Acts of the General Assembly of ,New Zealand intituled 'The Justices of the Peace Act, 1866.
" J. W. GUILDING.
" Made and declared at Shortland, in the province aforesaid, this 21 th
day of December, 1872, before me—E. W. PCCKEY, one of Her
Majesty's Justices of the Peace in and fur the Colony of New
Zealand."
That the said John William Richard Guildiug, by whom the said declaration is made, and the Gerald O'Halloran therein mentioned, are the respective defendants of those memos.
That all circumstances happened, and all elapsed, and all conditions were fulfilled necessary to entitle Her Majesty Queen Victoria to become fully entitled, under and by virtue of the laws of New Zealand, to take and hold possession of the said land so granted.
That in pursuance and exercise of the powers in him vested by "The Immigration and Public Works Act, 1873," Sir James Fergusson, Bart., Governor of New 'Zealand, did, on the 25th day of June, one thousand eight hundred and seventy-four, being then satisfied that the said piece or parcel of land called Tairua, block had been purchased out of certain moneys to be devoted for that purpose, and that the said land was free from Native claims and all differences in connection there. with, declare, by Proclamation published in the New Zealand Gazette, No. 34, the said laud to be waste lands of the Crown, subject, except as in the said Proclamation provided. to be sold and dealt with according to the provisions of the laws for the time being in force in the Province of Auckland regulating the sales and disposal of the waste lands of the Crown within such province, and thereupon the said land, called Tairua block, did become subject to such provisione as aforesaid.
G. That. on or about the Sth day of April, one thousand eight hundred and seventy-five, His Excellency the Marquis of Normanby, Governor of New Zealand, in pursuance and exercise of the powers in him vested as such Governor by "The Gold Mining Districts Act, 1873," did extend and enlarge the boundaries of a certain gold mining district called the Hauraki Gold Mining District, which said district hail been constituted under "The Gold Mining Districts Act, 1871," and was, by section 187 of the said Gold Mining Districts Act, deemed to be a district constituted under the said Act of 1573, so as to include the said land called or known as the Tairua block.
7. That His Excellency the Marquis of Governor of New Zealand, and as such Governor, by and with the consent of his Executive Council and under the Public Sell of the Colony of New Zealand, did, on or about the fifteenth day of April last, delegate to the plaintiff, as such Superintendent, all the powers vested in the said Governor by the said Gold Mining Districts Act, 1873, which he was so empowered to delegate (without any restrictions whatever).
8. That there is upon the said deed of the seventh day of December, one thousand eight hundred and seventy-two, another indorsement, in the words and figures following:-
"Indorsement.
"It is hereby agreed that the Governor of New Zealand shall cause to he issued to Miriuma, &c.,
&c., &c., a Crown grant for one thousand (1,000) acres of the land conveyed to the Queen be the within.written deed ; such laud to be selected within three months from the date hereof, and to be taken in either one or two blocks, at the option of the said Miriam Pehi Pukukauri. Expense of survey to be borne by the Crown.
" JAMES MACKAY, jun.,
"Agent for Land Purchases, Immigration and Public Works Act. " Witness to signature of James Mackay, jun.
"J. W. R. GUILDING,
" Licensed Interpreter, Shorthand."
Under and by virtue of which, the said defendants Miriama Pehi Pukukauri, Peneamene Tanui, Hon Kerei Tuokioki, Matene Pebi, and Marais Hanata, claim to be entitled to a part of the said Tairua block, to the extent of one thousand acres.
That the signature of the said last-mentioned indorsement is that of the defendant James Mackay.
That until the month of May last no selection was made by the said Native defendants under the supposed rights in the said indorsement contained.
That no Crown grant or Crown grants has or hare yet been issued to the said Natives for any such piece of laud as is in the said indorsement mentioned,
That the defendant Gerald O'Halloran is an officer in the employment and pay of the General Government of New Zealand under the said James Mackay.
That the defendant John Richard William Guildiug is also in the employment and pay of the said General Government, and is also wider the orders of the said James Mackay.
That since the commencement of this year gold fields of very extensive value have been discovered in the said Tairua block, and the said Native defendants have. Knee the said commencement of this year, agreed with the said John Richard William Guildiug to select the said one thousand acres near to it, if not absolutely upon the spot where the said gold fields have been so discovered as aforesaid.
That the said John William Richard Guilding, while acting as a servant of the General Government of New Zealand, to wit, in or about the month of April last past, applied to the said Native defendants to make to him, and to the defeudant Gerald O'Halloran, for their own private use, profit, and benefit, a lease of the said one thousand acres, then about to be selected and surveyed, for a term of twenty-one years from that time, at a rental of two hundred pounds per annum ; and used, in order to accomplish his purpose, the knowledge which he had acquired in such service as afuresaid, and obtained the signatures of the said Native defendants to an agreement for the same ; no other licensed interpreter but himself being present at the time.
That at the time aforesaid, when the said John William Richard Guilding the
Native defendants to make the said lease to him, John William Richard Guilding, Gerald O'Halloran, the said John William Richard Guilding also agreed with the said Native defendants that the said one thousand acres should at once be surveyed, and application made for a Crown grant of the same to the Governor of New Zealand, in order that the said Native defendants might lease the same to the said John William Richard Guilding and Gerald O'Halloran,
That the said one thousand acres was, as the plaintiff believes, immediately thereafter surveyed according to and in pursuauce of the said agreement eo made between the said John William Richard Guildiug and the said Native defendants, and a plan thereof made, which plan, however, the plaintiff has not seen ; but was so selected and surveyed ho a place quite and altogether different from that formerly chosen by the said Native defendants, as the plaintiff is informed and believes. And that the said plaintiff has never yet been informed regarding the exact position of the said one thousand acres, and that the knowledge of the said site is still withheld from the plaintiff and, as he believes, from the General Government of New Zealand, while the said defendants John William Richard Guilding and Gerald O'Halloran are dealing with the said Native defendants in relation to the said land.
le. That the said land now selected as the said one thousand acres is of very great public value, as all the defendants ,cell know ; and was so selected and surveyed, as the plaintiff believes, in fraud of the plaintiff, as such Superintendent.
That the plaintiff fears and believes that, unlees restrained by the injunction of this Honorable Court, the said Native defendants, or the said John William Richard Guildiug, Gerald O'Halloran, and James Mackay, will apply to the Governer of New Zealand for the issue of a Crown grant for the said one thousand acres of land.
That the plaintiff, as Superintendent of the Province of Auckland, and the province itself, may be awl he believes will be seriously injured if the said defendants or any of them are not restrained from applying for or receiving a Crown grant of the said one thousand acres so latterly selected and surveyed as aforesaid, or if the said Native defendants are not restrained from dealing in any way with the, said one thousaud acres last aforesaid,
That the plaintiff believes that the agreement between the said Native defendants cud John ltrilliam Richard Guilding was made by and with the knowledge of the defendant Gerald O'Halloran.
That the plaintiff is auxious and willing to ascertain the exact rights of the Native defendants in the premises, and to act in accordance with the rights so to be ascertained.
That neither the General Government of New Zealand nor the Provincial Government of the Province of Auckland has agreed, as the defendants James Mackay, Gerald O'Halloran, and John William Richard Guilding well know, to the issue of a Crown grant to the Native defendants of the aforesaid one thousand tierce of land.
That the defendant Janice Mackay had no power to bind the Government to issue a Crown grant or Crown grants for the said one thousand acres of land, nor to make soy contract for the same, nor is the Government of New Zealand bound by the said indorsement of the said James Mackay.
That the plaintiff, as Superintendent of the Province of Auckland, is now making inquiries in order to ascertain what, if anything, in equity and good conscience the said Native defendants ought to receive from the Government ; and if the Native defendants be allowed to complete any lease or demise to the defendants John William Richard Guilding and Gerald O'Halloran, or to any other person, ur if the said John William Richard Guilding and Gerald O'Halloran are permitted to obtain such a lease of the said one thousand acres or any part thereof before the said inquiries are completed, it will seriously injure and embarrass the plaintiff, as ouch Superintendent, in the performance of his public duties as such Superintendent in relation to the Province of Auckland and to the said land.
That the plaintiff believes that, unless restrained by the injunction of this Honorable Court, the said Native defendants, acting under the advice of the said John William Richard Guilding, will sign and execute the said intended lease, and will thereupon proceed to exercise ownership and authority over the said block of one thousand acres, to the plaintiff's great loss and detriment.
That the said one thousand acres so selected recently by the Native defendants as aforesaid is the only piece upon the said Wm block upon which a township for public convenience can be placed and laid out, as the defendants well know.
28, That the plaintiff believes that the defendants are able to give full and complete evidence of the whole of the trausactions between them or any of them in relation to the said alleged reserve of cue thousand acres, and of all the subsequent transactions in relation therewith, which will enable this Honorable Court to deal justly with the same in relation to all the public and private interests thereto relating, and to determine the rights and equities of all the parties thereto.
Wherefore the plaintiff prays,—
That the deferndants may be restraiued by the order and injunction of this Honorable Court from dealing in any tray with the said one thousand acres of land so surveyed as aforesaid, iu the way of leases, agreements, or otherwise in any way whatever till the further order of this Honorable Court.
That the defendants each and all of them may be restrained by the injunction of this Honorable Court from applying to the Governor of New Zealand for a Crowe grant of the said sue thousand acres of land so surveyed as aforesaid, or from receiving any graut from the Crown for the same until the further order of this Honorable Court.
That the defeudants may be ordered by this Honorable Court to disclose all documents in their possession or control, or the possession or control of any of them, in relation to the prenises; and that they and each of them may be ordered to state all the facts within their or each of their knowledge respectively in relation to the agreement, if any, of the reservation of the said ono thousand acres, in relation to the site of the same, in relation to the surrey of the same and the plan thereof, in relation to the alleged :agreement between the said John William Richard Guilding and the said Native defendants or any of them, or in, relation to any application or applications made by the
![]() |
4.152 164 |
▲back to top |
70
71 1—1.
defendants or any of them, or by any person on their behalf, to the Governor of New Zealand, or the General Government of New Zealand, or any person or persons whomsoever, in relation to the obtaining a Crown Grant for the said one thousand acres.
That the defendants may be ordered to pay the costs of this suit.
That the plaintiff may hare such further and other relief in the premises as to this Honorable Court may seem meet.
(Indorsement on back.)
In the Supremo Court of New Zealand, Northern District.—Sir G. Groy, Superintendent of the Province of Auckland, plaintiff.—Pukukauri and others, defeudauts.—Writ of summons.
[Handed in by Sir G. Grey.]
Memorandum re Reserve of 1,000 Acres, Tairua Block.
Legal title to block vested in Natives on the 29th November, 1872 ; Crown-granted to them on the 10th June, 1874.
Conveyed by Natives to the Queen on the 7th December, 1872, without any reservation (save right to timber) expressed in the body of the decd.
Proclaimed on the 24th June, 1874, waste lauds of the Crown ; subject to be dealt with according to the provisions of the laud laws for the time being in force in the Province of Auckland. No reservation of any kind whatever contained in the Proclamation.
Official intimation of a reserve of 1,000 acres having been made in favour of Natives, first received on the 27th July, 1874, and conveyed by Mr. Mackay, as follows, in an enclosure to a letter dated 25th July, 1374, copy of which is attached
MEMORANDUM-There is a Native reserve of 1,000 acres at Tairua not yet defined on the ground.
• •
"25th July, 1874." "JAMES MACKAY, jun.
5. Position of reserve, as pointed out on the official plan of the locality, by Mr. Mackay to Mr.
Waters, of the Waste Lauds Office,about the month of April last, is shown thus x on tracing attached. 6. Alleged position of reserve shown on same tracing, awl marked thus [11111111]. 7. No official communication a to actual position of reserve has yet been received. 8. Conveytance from Natives to the Queen registered on the 15th July, 1874.
9. 'Tairua block proclaimed within the limits of the Hauraki Gold Mining District on the 8th April, 1575. In this Proclamation the reserve of 1,000 acres is accepted, but without description of boundaries.
On the 14th April, 1875, the surveyor appointed by the Provincial Government to classify the lauds in this block reported the desirability of reserving a portion of the land above referred to (vide No. 8) as a site for a township.
On the 15th May, 1875. the Government first became aware, front rumour, that this site was about to be surveyed on behalf of the Natives.
On the 2nd July, 1875, the Government first learnt that the Natives had contracted with certain Europeans (said to be Messrs Guilding and O'Halloran) for the lease of this reserve. 8th July, 1875.
SIR,— Auckland, 25th July, 1974.
Referring to a recent Proclamation, to the effect that the Omahu, Whangamata, Hikutaia, Tairua, Kam, Opango, Hotoritori, and Hihi and Piraunui blocks are waste lands of the Crown, I have the honor to inform you that the kauri timber on the four first-named belongs to Messrs. Preece and Graham, who own the Tairua Saw-mill. I enclose a tracing showing the position of the lands held by them under timber lease.
The Opango, Hotoritori, and Hihi Piraunui blocks are in a similar position the Shortland Sawmill Company (Messrs. Russell, Stone, Wilson, and Heron) having valid leases of the timber growing on the seine.
The reason I wish to draw your attention to the leases of the kauri timber is to prevent any complication arising by the inadvertent issue of timber licenses to other persons under Waste Lands Regulations of the province.
As there are other blocks acquired, or in the course of acquisition, for the Government in the Coromandel or Hauraki Peninsula, over which similar private rights exist at the present time, I would beg to draw your attention to my report to the Hon. Mr. Orinond, late Minister. for Public Works, which is published in Vol. III. of the Appendix to the Journals of the House of Representatives, 1873, G. 8, which contains a detailed statemeut of all blocks subject to leases or agreements for timber.
I have, &c.,
JAMES MACKAE', jun.,
The Commissioner of Crown Lands, Auckland. Land Purchase Agent.
Memorandum on Enclosure (a Tracing).
"There is a Native reserve of 1,000 acres at Tairua not yet defined on the ground,
• • • • •
"25th July, 1874." "JAMES MACKAY, jun.
MEMORANDUM—The tracing annexed indicates position of reserve of 1,000 acres, Tairua block,
out to me on the official plan, by Mr. Mackay, in the Waste Lands Office. a few mouths ago.'
Waste Lauds Office, Auckland, 5th July, 1875. THOMAS J. WATERS.
Memo illustrating nature of dealings which have taken place in reference to the following
Purchases effected under "The Immigration and Public Works Act, 1970."
1. Hihi and Piraunui Block, 6,775 Acres.
Conveyed by Natives to the Queen, on the 21st December, 1872, for the sum of £700. Registered 21st July, 1874. Lease of timber and incidental rights for ninety-nine years to T. Russell, W. C. Wilson, and Captain J. Stone, 20th December, 1872, for the sum of £200, and a rental of 5s. per annum. Registered 29th July, 1874.
2. Opango Block, 1,000 Acres.
Conveyed by Natives to the Queen, on the 24th August, 1872, for the sum of £103. Registered 27th July, 1874. Lease' of timber and incidental rights for ninety-nine years to T. Russell, W. C. Wilson, and Captain J. Stone, 24th August, 1872, for the sum of £100, and a rental of 5s. per annum. Registered 28th July, 1874.
The conveyance of this block bears an indorsement, as follows :-
This is to certify, that the land described in the within-written conveyance to Her Majesty the Queen was purchased by me for the Colonial Government, under authority front them ; that a long time previously to receiving my instructions front the Government, I had made arrangements with the Native owners for the purchase of the forest trees and incidental rights, for Mews. Thomas Russell, William Chisholm Wilson, and Captain James Stone, and had paid large sums of money thereon; that I agreed to act for the Government in acquiring the fee simple only, on condition that all my said arrangements for the forest were respected by the Government; that accordingly, prior to my negotiations for the purchase of the said freehold land, the forest and all necessary incidental rights thereto were purchased by me (with the consent of the Government) from the Native owners for the mid Thomas Russell, William Chisholm Wilson, and Captain James Stone, and were conveyed to them by deed, dated the 24th August, 1872 ; that subsequently I purchased the said freehold for the Government, subject to the rights acquired, or intended to be acquired, by the said Thomas Russell, William Chisholm Wilson, and Captain James Stone ; and that the Native owners of the said laud did sell the said land to the Government on condition that the right of the said Thomas Russell, William Chisholm Wilson, and Captain James Stone to the said forest should be recognized and upheld by the Government.
Dated the 12th day of December, 1872. JAMES MACKAY, jun.
3. Hotoritori, 523 Acres.
Conveyed by Natives to the Queen, on the 24th August, 1872, for the sum of £100. Registered 27th July, 1874. The conveyance of this block also bears au indorsement in terms similar to that already noted in the case of the Opango. Against this block (Hotoritori) there is lodged a caveat, copy of which is hereto attached. These blocks (Hihi and Piraunui, Opango and Hotoritori) were transferred to provincial administration by Proclamation, dated 24th June, 1874. The Act was passed on the 31st August, 1874. This Proclamation was subsequently revoked on the 5th September, 1874.
Caveat forbiding Registration of dealing with Estate or Interest.
To the Drsrarcr LAND REGISTRAR of the DISTRICT of AUCKLAND.
TAKE notice, that we, Thomas Russell, Captain James Stone, and William Chiaholm Wilson, of Auckland, gentlemen, claiming estate or interest as owners of all kauri and other trees and bush on the lands hereinafter mentioned, and as lessees of the said lands for the term of ninety-nine years, under and by virtue of certain deeds of grant and demise, particulars of which are as follows:—
Deed of grant and demise from Matiaha and others to the said Thomas Russell, Captain James Stone, and William Chisholm Wilson. Dated 23rd August, 1872.
Grant and demise to the said parties from Te Pukeroa and others. Dated 7th September, 1872.
Grant and demise to the said parties from Kerei and others. Dated 24th August, 1872.
Grant and demise to the said parties from Tautoru and others. Dated 5th September, 1872.
—in all those parcels of laud, being the Native blocks called or known as Waiwhakaurunga Manginahae, Hotoritori, and Mangarchu, respectively, situate in the District of Hauraki, Banks County, in the Province of Auckland, forbid the registration of any memorandum or transfer or other instrument affecting the said land until this caveat be by the said Thomas Russell, Captain James Stone, and William Chisholm Wilson withdrawn.
Dated this 28th day of July, 1874.
WHITAER AND RUSSELL,
Solicitors for the above-named Thomas Russell, Captain James Stone, and William Chisholm Wilson, Wyndham Street, Auckland.
Witness-Joseph Newman, J.P., a Justice of the Peace for the Colony of New Zealand.
We consent to the registration of Transfer No. 411, dated 8th October, 1974, from Henare Whakarongahau and others to Her Majesty the Queen, notwithstanding this caveat.
22nd April, 1870. WHITAKER A SSELL.
By Anthority: Gamut Government Printer, Wellington—1875. Price 28. 6d.
![]() |
4.153 165 |
▲back to top |
Kooti Whakawa Whenua Maori a e mea ana ratou kia tonoa atu ki te Kawana kia whakahaua whakawa tuarua.
Tetahi kupu a to Komiti kia tino tupato to whakahaere to whakamana to
ma toru (33) o To Ture Anemia mo ruritanga o nga whenua.
ruritanga o nga whenua whakahuatia and to
tikanga o nga teihana kahore i haerea nga rohe, ko tenei korenga whakamana i to Tore to take 'be
o to pouritanga.
Joux Bryce
Akuhata 8, 1876.
Tumuaki.
REPORT ON THE PETITION OF ANARE MAKIWHARA AND 417 OTHERS
Petitioners pray that the number of Maori members in the House of Representatives be increased.
That the Maori members of the Legislative Council be elected by the Maori people. 3. That Native Councils be established in the various districts of Now Zealand.
am directed to report as follows :—
That as a Bill is now before the House haying for its object an increase in the representation of the Native race, the Committee do not consider it necessary to make any recommendation on this point.
Inasmnch as the nomination of members to the Legislative Council rests with his Excellency the Governor, the Committee do not see their way to make any suggestion in reference to that part of the petition in which it is prayed that the Maori members of that body should be elected by the people.
3. The Committee would beg to recommend to the favourable consideration of the House the request made in the Petition for the establishment of Native Councils.
JOHX BRYER,
9th August, 1876. Chairman.
[TRANSTATION.]
TE I TE 417.
1.E nga, kai whakatokomahatia, nga Mema Maori ki roto ki to
Rangatira i kowhiria i runga i to pooti a to iwi
Ko nga Mama Maori o to Ruuanga Whakatakoto Ture me whakatu e to Iwi Maori.
Mc whakatu he Kaunihera Maori hi roto ki nga takiwa o Niu Tireni.
kua whakahaua ahau kia ki penai atu te Where:—
Notemea he Pire kei to aroaro 0 to Whare inaianci tone tikanga
Mema Maori. kahore to Komiti e mahara what kupu ratou mo tenci.
Inahoki he to mana mo te whakatu i nga Mema o whakatakoto Ture Kawana, kahore to Komiti e marama ki te whai kupu mo tora wahi o to pakepuka- whakaturia nga mema o reira e to iwi
3. Emea ana to Komiti me titiro pai e te Whare to tone i roto i to pukapuka whakaturia he kaunihera Maori.
Akuhata 9, 1876,
REPORT ON THE, PETITION OF MEHA TE AND 165 OTHERS.
THE petitioners state that lands at Hauraki have been shut up by the Government,
that they suffer loss and inconvenience in consequence thereof.
They pray that the number of Maori members in the House of Representatives be increased, and that the Maori members of the Legislative Council be elected by the. Maoris ; they also pray that Maoris mar be allowed to sit on juries, and cite a number of cases which they allege ought to have been tried by a mixed jury.
I am directed to report as follows :
That, in the opinion of this Committee, the system of dealing with Native lands, of which the present ease is an example, is exceedingly unsatisfactory, and the whole subject requires the most serious consideration of the House.
That, as the subject of increased representation is now before the House, and will doubtless be fully considered, the Committee do not think it necessary to make any recommendation on the subject-
And with reference to the prayer of the petitioners, that Maori members of the Legislative Council should be elected, the Committee do not; see their way to making any suggestion, inasmuch as the power of nomination rests with the Governor.
8. in to the right of Maoris to sit on juries, the Committee are of opinion, that "The Aet, 1 1808 makes ample provision for the existing state a things.
These provisions had not, however been Maoris
brought into force, and
the Governor in exercise of the powers vested' in him by tile Aet shall make certain rules and cannot be brought into force regulations.
The Committee recommend that the provisions of Act should be put in force, and be admitted to on juries in the limited number of cases specified by the Act. JOHN BRYCE,
9th August, 1876. Chairman
![]() |
4.154 166 |
▲back to top |
[TRANSLATION.]
TE KUPU A TE KOMITI MO I TE PUKAPUKA A MEHA TE MOANANUI ME ONE HOA. 165.
nga ko etahi whenua kei Hauraki hue tutakina e to Kawanatanga a e mate ana
i taua tikanga.
E tono ana rarou kia whakatokomahatia aga mema roto ki to Runanga o nga
i to pooti to mea ana ratou ko nga mema Maori o te Runauga Whakatakoto
to whakatu: hoki ana ratou kin takna nga Maori kin noho i nga Runanga
(Huuri) a e whakaatu mai ana raton i otahi whakawakanga i meatia c ratou kua tika kia
whiriwhira
Kua whakahaua ahau penei atu to Whare:—
1.E Whakaaro ana Komiti whakabaere penei i nga whenue. Maori ha nui to alma
ruraru a ho mea katoa e tono ann kia Whare
2. Notemea koi to aroaro o te Where to kororo 100 to whakat i Maori ki reira
ai pea., kahore Komiti e whakaaro he what kupu ratou mo tonei.
A, mo I to inoi i roto i to pukapuka-inoi kia waiho ma to iwi e whakatu nga mema o to
Runanga whakatakoto Ture kahore to Komiti marama ki to hutohu i tetahi Kupu, inahoki ko
te mana whakatu te kei, Wawana.
3. Mo runga kia noho he Maori roto ki nga Runanga e wha-
Te Turf mo nga maua mo to o taua mca inaiauci.
Ko taua tikanga kahore ano i a to whakaoti ongari ma to
Kawana i runga i to mana hoatu Ture c hanga i etahi tikauga hakahaere.
E mea aua to: he mea tika whakahaerctia to mana c tan ann hi to. Kawana i runga i
teua Tore kia ahei ai to whakanru i nga Maori ki nga Runanga tokaumarua (Huuri) mo nga ahua
whakawa e whakahuatia, e to Ture e uru ai ratou,
Akuhata 9, 1876.
REPORT ON THE PETITION OF MATIATIIA MOKAI AND 4 OTHERS.
THE petitioners state that they hold a certificate under the Native Lauds Act for a Nook of land
in the District of the Watrarapa, called Ahikouka, and they pray for the issue of the Crown grant in terms of that certificate. The Committee have thought it necessary to make very full inquiry into this case by the examina-
tion of two of the petitioners, and by taking the evidence of Ngatuere, the Native chief, whose oppo-
iitiou has been the cause of the non-issue of the Crown grant tip to the present time.
Mr. Clarke, of the Native Office, and Mr. Karaitiana Takemoana, hare also been examined.
I am directed to report as follows:—
That, in the opinion of the Committee, the clangor of any trouble arising from the issue of the grant has been over-estimated by the Native Department.
Tile Committee recommend, therefore, that the grant should be issued in the terms of the certificate, and as required by law, without further delay.
JOHN BRYCE,
10th August, 1876. Chairman.
Ko TE KUPU A TE MO TE RUNGA I TE PUKAPUKA-INOI A MATIAIIA MOKIA ME ONA.
HOA E 4.
E KI ana nga Kai-inoi kei a ratou tetahi pukapuka Tiwhikete i whakaputaina i runga i te maua o Te Ture mo nga Whenua Maori mo tetahi piihi whenua kei Wairarapa tona ingoa ko Te Ahikouka, e inoi ana ratou kia whakaputaina to Karauna kartati i runga i Tiwhikete.
I whakearo to Komiti kia ata kimihia age tikanga katon o tenci men whakarangona ana nga
koreroa age tangata tokorua, whakarangona ana hoki nga korero a Ngatuere to raugatira
Maori na tona ki to whakahe i kore ai e whakaputaina to taea. noatia tenci wa. I pataia hoki a To Karaka, o to Tari Maori. a Karaitieria Takamoana, hold. Kite whakahaua ;ahau kia pcnei atu to Whare :-
Ko te whakaaro o te kua whakanuia c te Tari Maori to wehi kei tupu he runga to whakapatanga o te Karanna karaati koia. i whakapaakina ai e to Komiti to ratou kia tere te whakaputa to Karama karaati 1 runga i to Tiwhikite i runga hoki i nga, tikanga o to lure.
JOHN BRYCE,
Akuhata 10, 1876. Tumuaki.
REPORT ON THE PETITION or FREDERIC SCTTUX.
THE Petitioner staies that he has suffered loss in of his not being fade to recover his costs
10 an action whic11 gained against: of the Native race, and prays that the law may be altered
so as to which have been Crown for the recovery of costs in civil actions.
I am directed to report as follows:—
That, in the opinion of the Committee, the petitioner has not established a case of hardship ill the instance cited, as it from evidence taken by the Committee, that a bond for the law
Commitee are expenses was taken agreed to be taken. before the appeal the
![]() |
4.155 167 |
▲back to top |
4
sick a much greater faith in the skill of the medical profession prevails, and a desire in extreme cases to become inmates of the Colonial Hospital.
On Education.—The establishment of free Government schools, specially designed for acquiring a knowledge of the English language, has impressed the minds of some parents with the value and importance, in a political and social point of view, of obtaining for their children an English education; but how far that impression, destitute as it is of discipline with their offspring, love of novelty, and want of perseverance on their own part, which are some of the, weak points in the social economy of the. Native race, will lead to practical and beneficial results, time alone can determine. .. "
As to holders of land, whether as individuals or in communities, experience has, I think, shown that the trade in land has tempted Many. avaricious persons to throw off and ignore the obligation due to the tribe or community long recognized as a custom, usage, or Native law for common defence, and thus to deprive the weaker members of their own and children's inheritance. A remedy, suggests itself, I think, in the affirming of titles to individuals as a rule, and thus render the occupation and purchase of land more equitable, and at the same time offer greater facilities to bona fide colonists for the peaceful and prosperous settlement of the country. The abandonment also by the Government at this stage of the purchase of Native lands seems to be not only wise but politic for many reasons.
Lastly, as to the loyalty of the Natives : few will doubt, I think, the acceptance by the Natives as a body of the better alternative—viz., the Crown's in preference to the divided authority of Maori chieftains. The employment, therefore, at present, of many of these influential chiefs by the Government will continue to fill up the void they must feel, whose recompense, however, should, I venture to think, be made in proportion to their zeal and activity, whatever that occupation may be : invidious comparisons are not unfrequently drawn between the drones and the workers, and the amount of pay severally drawn by them.
Finally, I desire respectfully to bring before the notice of the Hon. the Native Minister the ready help given by many of the chiefs in this district when called upon; also the willingness and submission with which they (through this office) apply to the Government for advice, as well as the assistance and hospitality they show to visitors of their own race who visit Auckland as a centre of commercial and social attraction.
I have, &c.,
The Under Secretary, Native Department, H. T. KEMP,
Wellington. Civil Commissioner.
No. 6.
Mr. E. W. PUCKEY, Thames, to the UNDER SECRETARY, Native Department.
SIR,— Native Office, Thames, 8th June, 1877.
I have the honor to acknowledge the receipt of your circular, calling for the annual report on the state of the Natives in my district, and in compliance therewith to report \_as follows:— -
(1.) Condition—Social and Moral.. - -
I cannot, under this head, report any marked change\_as to the condition of the Natives at the Thames, the process of change being so gradual as year by year to leave but little trace of its effects. There is one thing, however, certain, and that is that the old chiefs are passing away into another state of being, and are giving place to a new generation, who view or are likely to view the rapid progress of the European race with less jealous eyes.
Since the date of my last annual report, two leading chiefs, one of Ngatimaru and' one of Ngatipaoa—that is to say, Rapana Maunganoa and. Tamati Tangiteruru—have died. I need hardly say in reference to them that they each took a prominent part in tribal matters, and were looked up to with much deference by their respective tribes.
(2.) .Industrial Pursuits.
I regret that I am not able to say on this head that the Natives here are any better than in some other parts of the colony in reference to their industry, for I do not believe they are. It is true there are a few exceptions—i.e., there are a few who during the planting season will cultivate a sufficient area of land to maintain themselves and their families. Most of them, however, prefer a sort of hand-to-mouth existence, on the principle perhaps of " little eat, little care "—a principle which is better in theory than in practice. Of course, the above remarks must not be taken as reflecting in any way upon the owners of the Thames Gold Field.
There is a custom which, I think, has rather grown upon the Natives of late years than the contrary, and as it tends materially to impoverish them, and rob them of the result of such negative industry as they possess, might very properly, I think, be referred to under this head : I mean the custom of the uhunga—"wailing for the dead." It appears to be a universally-accepted fact amongst them that they cannot be strong to cry unless there is not only a sufficinuqy but a superabundance of food provided; and they consider that it redounds to the- glorification and credit of the departed and also of his or her deceased relatives, as well as a proof of respect to their visitors, that a lavish supply should be made—not, as in days gone by, of food obtained and prepared by the Natives themselves, but of the imported luxuries of the wealthy pakeha.
![]() |
4.156 168 |
▲back to top |
(3.) State of Native Feeling.
As regards the state of feeling existing between the Maoris and their pakeha neighbours in this district, on the whole nothing could be more satisfactory. I regret, however, to between Ngatitamatera and Ngatirahiri—the former being one of the leading tribes of and the latter a sub-tribe of Ngatimaru—there has been a difficulty about the Aroha Block, which, at one time, appeared to threaten the peace of the district. The danger, however, if any really existed, has been averted. The difficulty arose out of the sale of the Aroha Block to the Government, which block had been finally adjudicated upon by the Native Land Court at Auckland in
1871 and awarded to the descendants of Marutuahu, from which common ancestor most of the Haraki Natives have sprung.- Ngatirahiri now, however, after accepting certain payments on account of their interests, pretend to claim through Te Ruinga, and say Marutuahu was not
entitled, nor his descendants either, 'except in so far as Te Ruinga's descendants choose to recog- nize them. But, prior to the promulgation of this new theory, the other different tribes and hapus, whose descent could in any way be traced to Marutuahu, had parted with their interests to the Crown, and Ngatirahiri now intend by all means to resist the sale of this block, and challenge the other tribes to come forward and point out the boundaries of what they claim. About the
• .
middle of January last some Natives from Ohinemuri were proceeding to Cambridge by way of Te Aroha. They were stopped by certain persons of the Ngatirahiri hapu, who threatened they would shoot them if they did not turn back. This action on their part was speedily followed by the Ohinemuri people closing the navigation of the river Waihou (as regarded Ngatirahiri only) by placing a boom across the river immediately below the confluence of the Waihou and Ohinemuri rivers, and for a time things looked threatening, both tribes looking upon each other with enmity and mistrust. The Ngatirahiri, having discovered that the navigation of the river hat been stopped and pas erected by the Ngatitamatera, also built a pa for themselves at Te Aroha and it appeared very likely that a serious rupture was about to take place, especially as Ngatirahiri were continually making use of offensive expressions towards Ngatitamatera, and act: of aggression on their part were frequent. But Ngatitamatera, evidently not wishing to cause trouble in Hauraki, and guided by the counsels of their chiefs Te Moananui and Te Hira, expressed a wish that the matter should be brought to a conclusion, and an expedition consisting of myself and several influential Hauraki chiefs proceeded to Te Aroha to endeavour to make peace. We, however, found Ngatirahiri very obdurate. The Ngatitamatera had removed the boom before we went to Te Aroha, and on our return they formally withdrew out of the
b
demolishing the pas, and since that time all fear of a rupture has ceased, as Ngatitama determined not to enter into a quarrel with Ngatirahiri.
I have, &c.,
The Under Secretary, Native Department, ,E.W. PUCKEY,
Wellington. Native Agent.
\_ .
No. 7.
-
Major MAIR, R.M., Alexandra, to the UNDER SECRETARY, Native Department. SIR,- Alexandra, Waikato, 25th May,-1877.
In compliance with your circular, I have the honor to report upon Native affairs in district.
During the past twelve months there has been a total absence of the political gatherings fo which the Hau-Hau party had become so notorious : not that these meetings were unproductiv of good, for even when called in an unfriendly spirit to Europeans, they acted as a sort of safety valve, and each "village Hampden " having aired his eloquence, and, more important still, al the food in the neighbourhood being consumed or wasted, the people dispersed, satisfied tha things would "remain as they were for the present!' But now the necessity for these huis doe not apparently exist, the Native mind being less unsettled, and it being generally understood that the " Native difficulty," or as much of it as now exists, would be arranged " some day Tawhiao and the Government." In the meantime, the bulk of the people, tolerably content wit) the actual state of things, are becoming more industrious, and yearly bring larger quantities produce- to the nearest markets. With this end in view, a steady exodus is going on from th more remote settlements to Kopua, Hikurangi, the valley of the Puniu, Maung.atautari, and other places near the frontier, as being more convenient for grain-growing. unfortunatel serious damage has been done to the wheat crop during the last two seasons by floods, but th yield has increased largely nevertheless, and trade, when the state of the rivers permits cano navigation, is quite brisk. The demand which has sprung up for an edible fungus, valued by th Chinese, furnishes light work for the young, and the infirm also, for the article in gathered in the woods with very little trouble, and after drying in the sun is ready for
Waikato and Ngatimaniapoto are becoming more estranged : indeed, when it is remembere :hat the former have for the last thirteen years been occupying land belonging to the other tribe it is not to be wondered at. Maniapoto are afraid that Waikato, if permitted to continue the occupation, will eventually bring forward claims to the land, and they would gladly be relieve of their presence.
The new form of worship, called "farina" is, I think, on the wane; very few of the youn
![]() |
4.157 169 |
▲back to top |
o- Tit il.. a: Mr. JAMES MACK AY to the lion. the Minna-us for runic WOBICII.
L.
. s•S P
'''2 4 \_ - \_
a ^ . -- Thames, 31st July, 1F177.
t.:
El sz .-
c.. .. -e I ti ; In accordance with your request, I have the honor to report on the state or land purchasea in
Go E 7
. • T,T, -. j g g. -this district ; and I regret that my attendance at the Native Land Court at Ohinemuri prevented my
I:
c 1.i T -• 1 c:',.4 ,§.. doing so yat anance. earlier date.
a t.2 2 \_ 2 2 0 4.2i0 i In a recent communication you pointed out that several blocks of land under negotiation lout been
1-1 A b 1 ? 1 lIgi
ss a ''' I shown in my returns for two years 22 being "nearly completed,' and no further progress had been
tF 1 m 1 *g la al ,g° • ss
0 ; Z 2 a made in acquiring them; and you further assumed that this arose from toy having more work in band
m c\_.---.....----,
ast 2 . t 1 ..:- a .
than I could accomplish, and suggested that Mr. J. W. Preece should assist me in completing the put, 6
co g i 1 -3 : g :it;It .
i '7 2 7 a ° ... °""' a chaos of those blocks.
1 t
.2 a a In reply to thatetatement, statetnent, I have the honor to inform you that the non-completion of the purchase
..cf at 2 I- -; 'H:1 i 3
3 .1,-
' A 1.1 - es '' ,-; a .4 = 4 J b of the block's indicated arose from circumstances over which I had no control.
g a -a i -: -o ; • a-rag
o\_ - ... r.... 4, a
1.' l li In the case of the Omaha West No. 1 Block the laud was granted to twenty.ftee persons, twenty-
cs .i:\\ .7I a\\ -2 i 2 .° • 4 .. So Ft- .2 •• four of whom executed a deed of conveyance to the Crown, the remaining grantee (1Iohepa to
p. - .s itaulai) refused to sell, through Ilauhau scruples.
a 2 The Onetai No. 1 Block was granted to nineteen Natives, seventeen of whom executped the deed
1 'Pg. 1 a .s7 '' 71 I .2 ..sIff i i ..1 2 1
& 1- .- g -0 I
. :••. s- 0- fi e 'i ....I .9 i it 0 . La ... ff. t of conve llohepa to Raultitii was a grantee, and again declined to sell. The other grantee
.. ffth : a 0 Ite a :t; • s ..., 8 la ii 4 - .2 c
- L, s .,1 2 a 1 I .
(Mara(MarasMonate) died, and a succession order for her interest has not been made by the Native Laud
t.' ,4 ;3 -,...:;1110 2 PP / 4* .1-°..end •t .1' Court.
a i g i g, P1•.,222 a A ef8&f.•-1.:. -t a ,,
The Omahu West No. 2 Block was granted to forty-one persons, thirty-four of whom executed I . , I / ,y =44=1 il'g 1 1 SH'fi a . ".
.
the deed of conveyance; seven refused to sign. At the last sitting of the .Native Land Court the ,aa .43 a a A osial 64ili . 4 If 1 .
shares of three of the dissentients were apportioned to them in land, and the other four have since A agreed to sell their interests.
31 7 as -
1 1.1 8...:Ci \_ ,--,.... t ' . - .. 4 .1 ,--„---,
a 'a iA 3. "4 1 Omaha West No. 3 Block was granted to ten persons; nine have executed the deed of con-
.43x
41- i 41 1.4; a i .n .. 21 7m X=1
8'1.: 2 r "'j 2.a ,,, yevance, and one (Hone Mahia) is in the King country.
.os; i 51 v -RA- I r :...:.^ .-, 'h / a Onetai No. 2 Block was granted to ten persons, six of whom have executed the deed of cen-
ts 411 4 , T.-4 14 • 8..e ' , 60, .el .,7,. \_., . ig . a '61 - ,,,,.. 3 ireyance ; four declined to do so in consequence of some of their relations being buried on a part of the
to
.i.: 4 ,9 r.i : is 3 .-,-0 '2 g .a .2 . . 2. 1 • .7..t . 2 a. 0 .c..e • as d 4p ,;, 11 • \_ 4 5. 2. reserve
block. After lengthened negotiations they have agreed to make a of the burial-ground, and
11 'd - - s s ;-, i . 1./, :
their chines ran be arranged for.
0 E Zi.' , § ,. 1' 0 4V 2 fgE *1 240 a 1§1 Mangakirikiri No. 1 and No. 3 Blocks were granted to sixteen persons (eight in each) ; nine
U g 31 1111-', 14 E.]
RISE, 0 • f.,.. 4 4- OA ell f.
..g.. • • 42 -.7. r I. ,.. signatures have been obtained to the deed of conveyance ; the other grantees died. It was only at
ifs' '4i ..„ g 0 i.....-s--.../....,---, i the last sitting of the Native Land Court that succession orders nere made in favour of the heirs of
a • . .'. the deceased persons.
6 i L's .. - -g .-0... " 4 so a
z a, 2 .E o.9- el 0 4 2 ge.ft 2 21, 8 eta g\_ „i, 2 Li, -g Ruapekapeka Block was granted to six persons; five have executed the deed of conveyance, the
01 -" Os I 1-1-1 a 241s liii .1 '2 g•2 -2 :4. L.:A: 2 I sixth is at Taranaki with the Hauhaus, residing in the interior of that district.
.5 -,', t 1 ilAA." t=d7/A 71 111 /I f, e i Whitipirerua Block was granted to nine persona; five have executed the deed, ono objects to do
co 4.$ d° t°°•ig.s 4oab L. - g.. v 2 so, and three are absent from this district.
pi
-- 12"-t e•illgi'' Pg a la t .d i I 1 4 a. Te Weiti Block was originally granted to nine persons. The principal of these died, and his eon
gl ti .AlsiII: ...01..=.z .5 7 'z' s a.9 ....-se p. ft . 1 '.? ! ♦ Te Tampa, who was already a grantee, succeeded to his interest. The eight shareholders then agreed
-..;
.\_ \_
u .2., r a Erc i avt i ti.gIe afi .g 0:
a
.. a a a:1 a a .::: to Bell 5900 acres of the block to the Crown in order to defray the expenses of the tongs for Make
-
cs n-g II ...-.*1-4 1 NI,• .9 hit• '- 1-:§ Esm 0 g 3 .;;; is0 0 . .,.t ..
. . At • 6 L g Puhata's death, Before the deed could be completed another grantee (Eparamia to Wheoro) died.
14 0
n . ,.:
z X z zQz x z A A' A
c.) ;4 The seven remaining duly executed the deed of conveyance for the eight interests held by them (Te
-4 1-6. •0 o wow oo olo 1 . - Tarapa having his own and that of his deceased father, Malta Puhata). It only then remitted to
N -.5 '-'34. 0 ... 0. . 0 i 1 arrange l'im the claim of Eparamia to Wheoro being conveyed (he had joined in the first agreement
and received the money). I applied to the Native Laud Court, through Mr. 1 W. Preece, to award as s Ili
g I ce2 1 ,
rn
, 0 0 • S$8 fe'S 21 n I to the Crown Eparamia to Wheoro's share in the 5,000 acres sold to the Government, and to grant
f.-3 I ••
API A' of 1 a sum-maims order for his interest in the remainder of the block to his heir, an infant. The Court
A would not entertain the claim of the Crown, but decided in favour of the infant over the whole. This
... • A • .r ,of
2 L ,. ,40 0 - - 0 0 . 0 . .1 0
. has effectually prevented the co pletion of the deed of conveyance, and there appears to be tio remedy
" but to snake a reserve for the infaut's interest.
r.... I. J1 1 - 1
I 142 " 4 .1 e . d\_ ,.. 0 . " , • g . . el Having tnislaid your letter, I am unable to remember exactly the remainder of the blocks which
1 "10 4 A iat i -a 8.. . 0 ''°.1 1.1 a 2 I i i I: ilt g f you requested me to allow Mr. J. W. Preece to assist in the purchase or; but they are all, I believe
:I o$..o$..g ro' ..:1 .1 * 4
I z I- delayed for similar reasons. I would also draw your attention to the fact that the largest proportion
04
el.: *
of the work has been accomplished, and it is to my direct interest to complete the conveyances as soon as
A, ,..;
i17
.• • possible in order to receive my commission on the purchases alluded ta, which cover a considerableo
- ;h. ,t2 v.\_ z...g § R. § §. EA. 51§§§ §1E, ) 1' area, and, as seen iv a pecuniary sense, is of importance to myself. I will next proceed to allude to
1 cgt.1 g .7 :f or - .. other blocks under negotiation, and which you desired me to complete prsonally.
ila .0
'•• :?: a fi . If '2 I.' The Moehau or Cape Colville Block has for generations been a fertile e source of dispute between
•
1 ° . ‘° A .T. " R
•
• • i
r.-,....•..\_.....,.., e.••••••■ IS-N, /..., 1
the Ngatitamatera, Ngatinaunau, Ngatiwhanaunga, and Ngatimaett tribes. I have held numerous
en\_
1.40N mgrA g g
meetings to settle the disputes and arrange the subdivisions of the block. This has at last beet c , I '°■•.- - i 1 - * :F.: i ii.: : : o : ;
z ' • Ill 1! : . / 1 • '.3 '7; ' 4: • accomplished to the satisfaction of all concerned. Ample reserves have been made for the require.
.1 .4 '2 meets of the Ngatitamatem tribe, which have been marked off on the plan and deed of annoyance
,II -
i I : ..e. -1 o - 2 a-. :: e
E ait t E CI • - ri- -4. El - - • r: • - . ir :E!, : i i but requiring survey to indicate the exact position on the ground.
S 's a :3,..1 , e - 02 = a - Thu Waikawan and Obinemuri cases are so closely intermingled, in consequence of both block'
. fi * e ' . being owned by the Ngatitamatera tribe, that it has been found impossible to deal with then
a
- I 1 1 t g.11 g§at4 '4 1 5 41 IRA § a a i separately. It happens that some of these people are very obstructive Hauhaus, which has retardec
0 2 :O il -0
1 1 2 .10.% ° .2•8. 1 1.41
.• 2 0 • Z1.. °oWg a 1 g 11 e ° eg °e. v2 .6...2 --a Et w the final arrangement of both questions. I am happy to report that the objectors are gradually Od
A a a 1..' in
P. 04
a. S way; and that on my recommendation they recently requested the Native Land Court to adjourn al
i :
:
co
' :
- :
. :
° . . the cases in which they were interested from Bhortland to Ohinemuri. The Court was adjournei
. I ..1 1 --.., -
, there accordingly, and resulted iu the opposing faction becoming thoroughly disunited ; and they aFre
i .4 re now more inclined to me to terms. When it is remembered that on a former occasion, m hen flu
& 4 1
4 A fNative Land Court attempted to hold a sitting at Ohinemuri, it was compelled to desist through en
;•
W 4 I ' 0 g • i Vs g's .st • obstinacy and violent conduct of the Meehan party, it will perhaps be allowed that considerabh
1 • t` ra s,
° -. progress bas been made in the rielat dirertion
![]() |
4.158 170 |
▲back to top |
8
9
G.—7.
G.—7.
The purchase of the Aroha Block was progressing most favourably, and a very large majority of the owners had executed the deed of conveyance to the Crown, when unfortunately Mr. Broomball arrived at Ohinemuri, to inspect the lands in that neighbourhood. I very foolishly gave him every facility to visit Te Aroha Block, and, to prevent him having to ask questions from Natives there about the land, despatched my own Interpreter (Mr. Guilding) with him. On his return, he expressed himself pleased with the country, and said he would like to acquire it for his special settlement. I then drew his attention to a few points: Firstly, that the Native title was not extinguished, but believed it soon would be. Secondly, that the Natives who were living there would require some reserves. Thirdly, that the public would not be satisfied at the hill lands being granted to him, unless the right to mine for gold was reserved by the Crown. Fourthly, that there were several persons at the Thames who had been promised land for settlement there. Fifthly, if he wished to apply for the block he had better not make his application public or it might very materially interfere with the cession of the block. Mr. Broomhall thanked me for the information, and promised to be very careful not to make his application public. He proceeded to Auckland, and forthwith made an application to the Waste Lands Board for 47,000 acres of Te Aroha Block. The Waste Lands Board illegally dealt with him, and agreed to his proposals; overlooking the fact that they had no right to deal with lands over which the Native title had not been extinguished, and which were not under their control until declared by the Governor, by Gazette notice, to be waste land, of the Crown. Reports of the proceedings of the Waste Lands Board were duly published in the Auckland newspapers. The Maoris were informed by interested Europeans that the Government had sold 47,000 acres to Mr. Broomhall at 20s. per acre, and I was not paying them 5s. for it. Some twenty-five Natives of Ngatirahiri refused to sign the deed, and the purchase remains incomplete to this day. A very serious quarrel then took place between the Natives who had sold and conveyed their interest in the block, and the obstructive party ; the latter returned to To Aroha, and erected a fighting pa; and the Ngatitamatera portion of the former placing booms across the Waihou at Ohinemuri, to prevent the return of Ngatirahiri to Hauraki, and building a pa to protect the booms. The Ngatipaoa and Ngatiwhanaunga tribes wished me to allow them to proceed to Te Aroha and drive off or kill this handful of Ngatirshiri, in consequence of curses they had uttered against them. Had I encouraged this step, it would have been taken. I visited the Aroha on three occasions, and was threatened with violence, and had several bullets fired over my head. After a considerable time bad elapsed, a better state of feeling was brought about between the contending parties; and I must here mention the valuable given to me by Mr. Puckey, the Agent for Native Affairs in this district, and Wirope Hoterene Taipari, Native Assessor which principally enabled me to renew negotiations for the outstanding claims.
Considerable progress has been made with the Waihou West, and Piako Blocks, which are adjacent, and cannot well be separately dealt with. The Waihou West Nos. 1, 3, and 4 Blocks have
the Native Land Court, and the deeds of conveyance are in course of execution by the grantees. the Waihou West No. 2 Block, was withdrawn from the Court on account of a very serious dispute ea to • boundary, which arose between the Ngatihako (aided by Ngatipaoa) on the one side, and Ngatitamatera on the other. The survey was stopped by an armed party of Ngatihako. It has been arranged for certain men, who have been specially selected by both sides, to investigate and settle this question. This has for a time delayed the survey of the portion of the large Piako Block which here marches with the lands of Ngatihako and Ngatitamatera. There is also a dispute between the Ngatipaoa and Ngalimaru, as to the position of the north-west boundary of the Orua block, owned by the Ngatimaru. This has been left to arbitration by men specially selected by both tribes. The non-fulfilment of the arrangement for the exchange of the lands comprised in Webster's old land claim at Maukoro on the western side of the Piako (now owned by Mr. Whitaker) for lands elsewhere, an arranged between the Government, the chief Tampipipi to Kopara and Mr. Whitaker, has been a fruitful source of discontent, and has caused much interference with the surveyors. I am, however, happy to say this obstruction is now removed, and the surveys are progressing as fast as the season of the year will permit in low-lying country.
The friendly Ngatiraukaws claiming the Patatere Blocks are very anxious to arrive at a final arrangement about their country; in several instances they are to dispose of the freehold, instead of leasing the lands as formerly arranged. The Hauhau portion of the owners have so far been able to delay the negotiations; but the firm stand taken by the loyal portion of the tribe, and the pressure they are bringing to bear on them, is beginning to be felt, and will probably in a short time induce the withdrawal of the opposition.
The other blocks under negotiation require but little comment from me. The surveys and preliminaq agreements have been made, and on the title being investigated by the Court there will be but little difficulty in procuring the conveyances, as the lands are situated where there is no European competition, and no Natives with Hauhau proclivities.
The blocks which present the greatest obstacles to their acquisition are those situated at Ohine- muri, Waihou East and West, Te Aroha, Waite and Piako. 'Phis partly arises from the peculiar state of the title in that portion of the district, owing to tho claims of the conquering Idarutualm tribes being intermixed with those of the semi-conquered remnant of the original owners of the land. So troublesome are them to determine, that Judge Munro, at the recent sitting of the Court at Ohinemuri, in a case of this character, about a block of four acres, observed from the bench that 'There was more trouble in deciding the title to it than there would be in the case of a block of ten thousand acres to the north of Auckland, where vassal tribes are unknown."
Another matter which in that portion of the district tends to retard the completion of Govern-
purchases is tilts very high prices have been paid during the last two years to the European
of land at Waikato, Upper Piako, and by purchasers from the South Island and else-
where, which is well known to the Natives. Land agents and interpreters now find it greatly to their
interest fn outbid the Goverment and this Natives to ronodiste agreements
Under the Native Lends Act now in operation, the Crown is utterly powerless to protect itself, as agents are not allowed to act in Court. Natives who are well known to be principal owners and occupiers of lands which have been sold to the Crown, and who hare signed agreements to sell, have occasionally withdrawn from, their claim, or have not pressed it in the Court as against outside claimants or counter-claimants, or have secretly plotted to agree to the claims of non-ownere, for the purpose of securing additional payments, or to upset previous arrangements made with the Government. These proceedings could in a great measure be checked if the Crown Agent had power to appear in Court on behalf of the Government, cross examine such false claimants, and call witnesses to rebut their evidence.
When the Government Agent has negotiated for the purchase of a block of land, and agreements have been duly signed, in my opinion it would be advisable that he should be empowered by law to make an application to the Native Lands Court to investigate the title of the Crown to the lands in question. Alter due notice had been given, and the Court investigating the claim, the Court should be empowered to award to the Crown the whole or such portion of the lands forming the subject of the agreement as should appear to ham been fairly purchased. A certificate of title or memorial of ownership could then be issued to any owners who were proved not to have joined in the agreement to sell. At present the Native seller or claimant is the only person who can make an application to the Court to investigate the title to a block of land; and as a practical illustration of how this provision works, I will mention a case in which I purchased a large block of land for the Government. Four of the Native owner (also vendors) put in an application for the investigation of their claim. Everything required by law was done, but to my astonishment, on the day of hearing, the principal man of the four claimants rose in Court and withdrew the claim. The Court assented to the application, I objected on behalf of the Government. The Court, after some deliberation, said the Governor must appear personally, and that I had no locus slandi at the law enacted that agents could not appear.
In cases where Iambs are held by Natives under Crown grant, and the Crown acquires by purchase the fee-simple of a portion of the block only, the Crown ought to be entitled to have its claim to a subdivison heard; and the land should be apportioned between the Crown and the grantees who declined to dispose of their interest.
It frequently happens that where the Crown makes purchases of granted lands, all or some of the owners require certain pieces to be reserved from sale. Tile case of all the owners asking fora reserve is not so difficult to deal with, as the alienated portion would belong to the Crown and the unalienated part to the whole of the grantees, but the Crown's title would be clogged with a covenant to produce title–deeds, a very undesirable state of affairs with Crown lands. Lt the case where only a portion of the owners required a reserve, the matter becomes more complicated. It is my opinion that reserves should be dealt with in somewhat the following manner: The reserves should, if possible, be marked off on the ground before the final completion of the deed ; failing this, a memorandum should be attached to the deed setting forth the area of the reserves and the situation as nearly as possible, the names of the proposed owners, and all necessary information. The original grant should then be cancelled, the conveyed portions to be waste lands of the Crown, and fresh grants be ia to the persons entitled to the reserves as soon as correct survey plans were lodged with the Inspector of Surveys.
I hive the honor to transmit herewith a tabular statement showing the position of land purchases undertaken through my agency. I have, &c,
The Hon. the Minister for Public Works, Wellington. JAMES MACKAY.
|
Enclosure in No. 3. RETURN or PURCHASES Completed during Year 1876-77. | |||||
|
District. |
Nemo of Block. |
Ares. |
Purchase Money. | ||
|
|
|
Acres. |
£ 0 .d. | ||
|
Hauraki... -• ... |
Tawlitimhi ... |
1,461 |
219 0 1o | ||
|
"' ... ... ... |
Oonahlt West ...patai ... ... ... |
1,157 460 |
300 0 0 69 0 0 | ||
|
Return or PURCHASESin course of |
|
for which DEEDS are partly executed. | |||
|
COMPLETION | |||||
|
Hauraki District. | |||||
|
NAME of Block. |
Ares. |
Payments to Date. |
REMARKS. | ||
|
|
Acre.. |
£ a. d. |
| ||
|
Te Arohn— ... |
'62,552 |
12,859 13 0 |
204 signatures to deed. | ||
|
Omaha West No. 1 .. . |
2121 50 0 n |
|
24 „ „ I required. | ||
|
„ No. 3 — No.3 — ... |
992 370 |
230 0 0 90 0 0 |
34 „ 11. I \_\_ e 9 „ n | ||
|
(MOM No. 1 ... No. 2 ... — ... |
1,1371 3191 |
82 10 0 31 0 0 |
17 ,, . 6 | ||
|
Mangakirikiri No. 1 |
|
170 5 6 |
„ " 6 „ /I 2 | ||
|
No.3 ... |
1,673 |
12015 6 |
3 5 | ||
|
RUAPEKAPCKA ... \_ . ... |
1.260 |
305 17 0 |
„ „ 5 | ||
![]() |
4.159 171 |
▲back to top |
7, 10
Blocks for which Agreement are signed
|
|
|
|
|
|
Name of Block |
Area |
Payments to Date. |
|
|
Harataoga ... |
Aerea 8,891 |
£ s.d. 196 0 0 |
|
|
Wainu, .. |
400 |
20 0 0 |
|
|
Ohinemuri |
132,175 |
787 17 0 |
Deed of grant executed, . per acre. Commissioner |
|
|
|
|
paid Id. per lore, to be paid when ruche:,com- |
|
|
|
|
pleted. |
|
Weitotara |
|
20 0 0 |
|
|
Wherelmwe East No 1 ... ... |
10,754 |
678 0 0 |
|
|
Puriri Block ... „. |
2,500 |
175 0 0 |
|
|
Kerita .. |
1,098 |
74 0 0 |
|
|
Abiran ... ... ... |
3,000 |
205 0 0 |
|
|
Pukerangiorn ... |
400 |
70 0 0 |
|
|
Waihon East and West ... ... |
50,000 |
3,469 6 0 |
Deeds of a portion at Ohinemari now in course of |
|
Weiharakeke Block |
|
385 0 0 |
signature. |
|
Te Tipi „,.. |
3,881 |
290 0 0 |
|
|
Weimoto and Petona |
4,000 |
52 10 0 |
|
|
Ipuki o Moehall ... ... ... |
1,760 |
6 0 0 |
|
|
Manginahae ... ... |
147 |
15 10 0 |
|
|
Karake South ... ... ... |
175 |
55 0 0 |
|
|
Ounoure . ... |
5,095 |
120 0 0 |
|
|
Oteno. ... ... |
|
101 0 0 |
|
|
Piako ... ... |
200,000 |
16,510 14 5 |
|
|
Palatere ... |
249,000 |
3,843 0 0 |
Originally to , now in 'greater part altered to |
|
|
|
|
purchase |
|
|
|
|
|
No. 4.
Mr. Hint Rotorua, to the UNDER SECRETARY, Native Department. SIR,— Rotorua, 30th June, 1877.
In accordance with your instructions of the 12th instant, I have the honor to furnish herewith a report showing the progress made with the lend-purchase liminess in the Taupe, Rotorna, and Bay of Plenty Districts during the past year.
On the 80th June, 1876, the Government land negotiations within these district, were suspended by direction of the late Sir Donald McLean, then Native Minister; and the operations when resumed, were, and have since been, confined chiefly to preparing the several unfinished transactions for surrey and investigation of title by the Native Land Court, the Government haying directed that all the lands under negotiation not previously clothed with a legal title be passed by that tribunal. In February last, accordingly, the district was opened to the Court's jurisdiction by Proclamation issued under the hand of His Excelleney the Governor, revoking that of August, 1878, whereby this country had been withdrawn from the operation of the Native-Land Are. The necessary steps were then forthwith taken, and claims for all unadjudicated blocks of land under negotiation on behalf of the Crown were made by the Natives, and forwarded through the District Officer to the Chief Judge of the Court.
Meetings were also held at Taupe with the grantee, of Runanga No.2, Tauher& Middle, Tauhara North, And Oruanui Blocks, with the view of settling the difficulty hitherto delaying the completion thereof, which I may here state in detail for your information.
Runanga No. 2: 45,400 acres; lease for thirty years. at £100 per annum for the whole term.—Title, Crown grant in favour of ten individuals, nine, only of whom agreed to and signed the deed of lease ; the tenth, Maihi Mani opoto still holding out, a claim was made by him for excision of his interest in the block, and forwarded to the Court. Two reserves of timber made by the nine grantees and the Land Purchase Agents cannot be defined until the excision of this interest is made ; but immediately afterwards I have arranged to have this done, and the deed of lease will then be complete, with plans of the reserves indorsed thereon, and forwarded to the Government.
Thuhare .Middle: Lease, 113,871 acres.—Title, Crown grant, in favour of six individuals, two of whom have since died The lease to the Crown was agreed to and signed by the four original grantees and by the two persons who were declared by the Natives to be the successor. to the two deceased grantees. It was afterwards discovered that one of these successors was only one of ten persons who were duly recorded by Judge Rogan as the successors to one of the deceased grantees; and, further, with the exception of one (the individual who had signed the Government lease), these successors were minors at the time of appointment. The other grantees and the Natives generally repudiated the idea of allowing these minors to delay a settlement of the purchase and lease of Tauhara Middle; and Judge Rogan himself, on being spoken to on the subject, coueselled our ignoring the question in so far as it effected Government transactions but the Chief Judge held that the minors appointed by the Court could not be safely ignored: and this obstacle to the completion of the purchase and leave of these blocks has continued to exist up till now. As far as regards the leased portion, the remedy appeared to be the appointment of guardian who would act for the minors; and the Native Minister, when at Taupe in the month of March last, advised the Nathan to adopt this course; but on our meeting them they failed to fit unanimously upon one or two persons as guardians. We accordingly Obtained applications from the parties to the lease, praying the Government to appoint a guardian for the minors, and also, as en alternative remedy, an application to the Court, asking that the minors interests be defined and excited from the block, in order that the remainder
11 G.-7.
Since the publication of the draft of the proposed Native Lands Act, 1877, whereby provision is about to be made for the removal of these " minors in succession difficulties," it would appear that it might be well to delay bringing this care before the Court now, so that a final remedy ho provided under the Dew law, and this course will probably be adopted if no better solution of the difficulty be possible.
Oruanui Block: Purchase, 10,000 acres ; and lease, 20,000 acres.—Title, Crown grant, in favour of ten grantees. A successor had to be appointed to a deceased grantee, and we obtained a unanimous application in favour of one individual an this successor, who signed the deeds, together with one of the grantees (Wi Warena) who had hitherto refused to sign unless at au increased rate of rental to what all the others had agreed upon. Having obtained this form and signatures, and forwarded came to the Court, it was considered advianble to fix the date of commencement of the Government lease, As already reported the date of Oruanui lease was fixed by Captain Mair and self from the 10th July, 1875; and a sum of £50, representing one year's rent, was paid to the ten grantees for the year 1875-70. The deeds of Oruanui will be forwarded to Wellington as soon as the Court actually appoints the successor referred to, and when hie signature is attested before a Resident Magistrate, or the
Judge of the Court. I also arranged the reserve which the grantees stipulated for at Oruanui pa, and made a preliminary survey of same on the ground.
Tauhara North : Purchase, 7,829 acres.—Title, Crown grant, in favour of two individuals. After duly agreeing to this sale, and the deeds completed and forwarded to Wellington, an objection was raised by the grantees to the direction of the Northern boundary, and they refused to satisfy the questions asked by Major Roberts, who was acting for Colonel Haultain, the Native Lands Trust Commissioner. Since then the chief grantee Mare Rewiti to Kume) has expressed himself satisfied, and wishes to accompany me on to the ground to fix tho direction of the line as laid down on the deed. The line of purchase was a due North one, running from Hipaua to the Waikato River but was not surveyed on the ground, it not being. considered necessary to incur the expense. I intend shortly accompanying both grantees on to the ground, so as to finally arrange this matter. Arrangements were then made by self and the District Officer with the Native owners for the survey of two extensive blocks at Mohaka under negotiation for purchase, and proposed now to be taken before the Court at its first sitting at Taupo: Under approval of the Surveyor-General's Department, I employed Mr. Thomas Ballet as my assistant for these Mohaka surveys, he being a competent surveyor and also a resident runholder in the locality, and who would be able to take advantage of the weather when suitable for surveying in that bleak and rugged region. After traversing the Muhaka boundary of both blocks the winter set in, and operations had to be suspended until the spring. Sufficient data is now obtained, however, to enable me to compile sufficiently accurate maps for the investigation of title by the Court.
The surreys of Tatua West Block and Te Hukui next occupied attention, and a general consent was obtained to the latter work as soon as the services of a surveyor could be given by the District Surveyor, Captain Turner, of Tauranga. The survey of Tatun is very anxiously looked for by the section who were decided by the Court in 1869 as the owners (Hitiri Paerata, To Papanui, and party), and who, in 1874, leased the land to the Government. But there is also a considerable opposition to the survey from sections ignored by the Court and by us, the Government Land Purchase Agents. This opposition consists of a Hauhau section, who are supposed to uphold the King's policy of anti-leasing or selling laud, and of a Queenito section, headed by old Poihipi Tukairange who professes to ignore the judgment of the Court, because uo survey was permitted by the Natives within the twelve months allowed by the Court on issuing its interlocutory order. Claims have now been sent in to the Chief Judge, so that the interlocutory order of 1869 may be sustained, or else a fresh investigation take place. But before either of these courses can be taken the survey must be made. I intend meeting all the entities interested in the Tatua, with the District Officer, and hope to clear away the opposition which has so long existed to a settlement of the disputes regarding the ownership of this tract of country.
The sitting of the first Court in the damns country is now fixed to take place at Taupe, on the 20th August next ; and the business mentioned in the foregoing is all duly set down for hearing on that occasion.
After concluding these arrangements in the Taupe District, attention was directed to the incomplete negotiations at Maketu, in the Bap of Plenty. The survey, of To Puke Block was recommenced by Mr. Edgecumbe, of the Surveyor-General's Department, and completed without any very serious
interruption, thanks to the understanding
establshed by the Hon. Dr. Pollen with the Ngati-
whakaue tribe at Taurangain January last, and due also to the tact, energy, and discretion displayed by Captain Muir, the District Officer, who conducted throughout the whole of the delicate and troublesome negotiations connected with this important work. The surveys of the other Matte Blocks will be proceeded with as soon as the surveyor can overtake the work ; and, having held it consultation recently in Auckland with the Chief Surveyor and the District Surveyor, it has been decided to adopt the original Native Lend Court surveys for the Government transactions, and only to survey any new boundaries whirls may be required to 'define same. This will greatly simplify and lessen the work for the surveyor, and no delay need take place in bringin all the Maketu negotiations before the Native Land Court immediately after the Taupe sitting. At the same time it may be remarked that it would seem wise to delay the hearing of these cams until the proposed provisions for protecting the interests of the Crown over lands under negotiation have been secured under the new Act, otherwise the action of private speculators may prove troublesome.
The following ie a list of the blocks of land which hare been prepared or are now under survey for the Native Lands Court, showing areas:—
|
LANDS, TAUPO DISTRICT. |
|
|
Hilly Pastoral. |
|
|
1 and 2. Mohan, 2 blocks, purchases, under survey .... . .. |
Aeres. 00,000 |
|
3. Taharua purchase under survey . aharua, pu rebate under survey ... --- |
14,000 |
|
|
|
![]() |
4.160 172 |
▲back to top |
1877
NEW ZEALAND.
PETITION OF REHA APERAHAMA AND 47 OTIHERS.
Presented 8th August, 1877, and ordered to be printed.
Ki nga Mema, Honore katoa o te Runanga Nui o te Paremata o to Koroni o Niu
Tireni e noho huihui ana. Tena ra koutou.
Ko TA MAT0U PITIHANA TENA KO TA NGA TANGATA E MAU AKE NEI O MAT0U INGOA I RARO I ENEI KORERO, HE TANGATA MATOU NO NIU TIRENI I TE TAKIWA KI HAURAKI TE POROWINI
O AKARANA.
E WHAKAATU ANA,—
HE whenua to matou ko te Aroha kei Hauraki koia o koutou kai pitihana ka inoi nei ki a koutou ki nga rangatira o te Runanga Nui o Niu Tireni kin ata whakaarohia e koutou a matou Take katoa, kua tuhia nei ki tenei pukapuka e inoi nei ki a koutou—ara mo to matou wbenua mo te Aroha.
Ko taus whenua ko te Aroha i a matou snake i o matou tupuna me to matou hapu me Ngatitumutumu me matou hoki me tetahi taanga o te iwi o Ngatimaru i whakaurua nei ki ngauri o Ngatitumutumu. A ka whai take nui matou o matou hapu e noho tuturu nei i runga i tenei whenua i te Aroha o mua iho a tae noa mai ki a matou ki o ratou uri e noho nei i runga i tenei whenua i te Aroha inaianei e mahi nei matou i nga mahi what taketanga ki to whenua i runga i nga. ritenga Maori.
Kihai rawa etahi hapu iwi ranei e noho ana i Hauraki i whai paanga i whai take ranei ki tenei whenua ki to Aroha i runga I nga ritenga Maori whai taketanga ki te whenua.
Kihai ano hoki tetahi iwi hapu ranei o nga iWi katoa e noho ana i Hauraki o,,etabi atu iwi ranei i mua iho, inaianei ranei, i pans i whakahe ranei i te noho a o matou tupuua, a o matou hapu anei i mua iho a tae noa mai ranei ki a matou e noho tuturu nei i ruuga i to matou whenua i to Aroha.
Engari i te wa i to ai to Kooti Whenua Maori ka timata to whakawa pokanoa a tetahi iWi noa
atu ehara, nei i nga o Hauraki hei tango tahae mana ma Ngatihaua o te iWi o Waikato i to matou whenua i to Aroha hei utu pea mo o ratou whenua i Waikato i murua nei e te Kawanatanga i rungs i te ran o tana patu ki nga iwi o Waikato. Otira i hinga ratou i to Kooti whakamutunga mo tenei whenua..
E whakaatu ana o koutou kai pitihana ki to koutou Runanga Nui o nga Rangatira whakatakoto ture mo nga iwi e rua e noho nei i roto i to Koroni o Nui Tireni, ara na James Mackay kai hoko whenua a te Kawanatanga nga hapu katoa o nga iwi o Hauraki i whakaeke ki runga i to matou whenua.
Ara, e whakaatu ana matou ko tans, whakaeke iwi o Hauraki ki runga i to matou whenua ara i hoatu e ia he moui ki ia tangata ki ia tangata ki ia hapu ki ia hapu o nga iWi katoa o Hauraki.
Kia ata marama ano hoki koutou e noho nei i roto i to koutou Runanga Rangatira, ara ko aua moni i hoatu e tana kai hoko whenua a to Kawanatanga ki aua iwi i to taone tonu o Hoterene, ehara hoki i to men i hoatu nun moni e taua kai hoko whenua ki aua iwi i runga tonu i tenei whenua i te Aroha.
E kora ano hoki e taea e ia, a taus kai hoko whenua, to ata, kawe atu nga tinana o aua iwi runga tonu i to matou whenua noho ai, ara e kore ano hoki aua iwi ake o ratou tinana eke ranei e tae a tinana atu ki te Aroba ata wbakaatu ai ki taua kai hoko whenua i o ratou wahi i reira hei utu mo nga moni i a ratou. Ta to mea e tino mohio tuturu ana aua iwi kaore ratou o ratou tupuna ranei i pa ki tern whenua ki te Aroha.
Engari e whakaatu ana matou ara i koa rawa aua iwi mo to hoatutanga noatanga a taua kai boko whenua i nga moni ma ratou mo taua, whenua mo te Aroha, kaoro nei o ratou paanga ki taua whenua, a e koa ana ano hoki ratou mo to hoatutanga noatar.ga a taua kai hoko whenua a to Kawanatanga i nga nama waipiro, paraoa, pihikete, huka, tii, me era atu mea a to pakeha ki a ratou a ko to matou whenua he utu.
![]() |
4.161 173 |
▲back to top |
2
10. Einoi ana matou ki to koutou Runanga e noho na i to Paremata o Nui Tireni kia whakahokia ano nga taonga, nga, moni ranei i riro i aua iwi ma ratou ano e whakarite kia hoki atu ai ki a, ratou te mutunga o to ratou koanga i te wa i tango ai o ratou ringaringa i aua moni i aua taonga ranei.
11. E tino whakamarama ana matou ki a koutou ko to matou whenua ko te Aroha he whenua nui noa atu, he whenua pai hoki, he mahanoa atu hoki nga. mano eka i runga i taus, whenua, koia hoki te take i tukua noatia ai he moni e taua kai hoko whenua ki nga iwi katoa o Hauraki kaore nei o ratou paanga ki reira kia riro katoa ai taua whenua mo' te Kawanatanga, kia riro Mai ai i a ia te moni o runga i to 4 kapa mo to eka, hei utu mo tana mahi hoko whenua, mo te Kawanatanga.
12. I whakina, e taua kai hoko whenua ki nga iwi katoa o Hauraki, ara, ha whai take paanga nga iwi katoa o Hauraki ki to Aroha i runga i te ingoa o Marutuahu o to matou tupuna i whakataua nei e te Kooti to Karaati o to Aroha ki taingoa o Marutuahu.
13. Ka whakamaramatia ki to koutou Runanga te kupu i runga nei, ara, e tino tika ana to karangatanga o te ingoa o to matou tupuna o Marutuahu ki to matou whenua kei a matou ano hoki to 'tino karangatanga o tena ingoa o Marutuahu kaore i era iwi ke atu hapu ranei o nga iwi e noho nei i Hauraki
14. Ka whakina ki to koutou Runanga nga tamanki a Marutuahu ara:—ko Tamatepo, koia a Ngatirongou; Ko Tarnatera, koia a Nistitamatera; Ko Whanaunga, koia a Ngatiwhanaunga ; me to Ngako hoki I riro ia te ingoa o to ratou matua, o Na te Ngako matou, te hunga
Ngatimaru i uru nei ki tenei Whenua ki te Aroha.
15 E tino mairama ana o koutou' kaipitihana ki to whakataunga a te Kooti i to matou whenua
ki te ingoa o Marutuahu, ara, a marama tonu ana te Kooti, e kore nga iwi katoa o Marutuahu e whai
take kaha ki tenei whenua, inahoki te kupu whakatau a te Kooti, kna taia nei ki to Kahiti Motu-
hake o Nui Tirem to 4 o nga o Akuhata 1871 kei to wahi tuawha o te wha o nga rarangi o te
kupu whakatau te Kooti e mea nei,—
Ngatitamatera ko Ngatiwhanaamga ko Ngatipaoa me era atu hapu o nga iwi o Hauraki; nga hapu i uekaha ki te whakatete Ki Ngatihaua mo tenei whenua no te Aroha, i riro kau ai to mom a te Kawanatanga ki era iwi ke atu i runga i te kupu whakatau a te Kooti i tenei whenua ki te ingoa o to matou tupuna o Marutuahu.
17. Ka whakina atu e o koutou kai pitihana kia marama ai to koutou Runanga Rangatira e noho nei, ara he maha noa atu nga tunga o nga Kooti i tonoa e Ngatihaua hei whakawa i to ratou take ki tenei whenua, ko te Kooti tuatahi i tu ki Waikato, ko to Kooti tuarua i tu ki Matamata, Waikato.
Ho matou anake me o matou hapu kua tuhia nei ki tenei pukapuka te hunga i tae atu ki aua Kooti, ara ko matou ko nga uri o o matou tupuna ko to hunga e mohiotia nuitia ana e nga iwi katoa e noho nei i Hauraki no matou anake tenei whenua a to Aroha.
I tu hoki ki Kapanga Hauraki, te Kooti tuatoru inn tenei whenua, otira, kihai i tino marama nga take korero i whakina ki to Kooti i runga i te ahua raruraru i taua Kooti.
Ko to Kooti whakamutunga mo tenei whenua i tu ki Akarana engari i tenei wa i hui katoa nga Hauraki ki to ata whaaki i nga take o o matou tupuna o tenoho hoki a o matou hapu i runga i to matou whenua i te Aroha kia mamma ai te Kooti ki te ata whiriwhiri i runga i te tango pokanoa a Waikato i to matou whenua.
Ehara hoki i te mea i tu nga iwi o Hauraki ki te Kooti whakapuaki ai i to ratou ake whaitaketanga ki to Aroha. Engari he whakatuturu ta ratou i te whaitaketanga o o matou tupuna o o matou hapu o matou ranei e noho nei i runga i to matou whenua.
E inoi tuarua ana, matou i tenei kupu ki to koutou Runanga e noho huihui nei, kia whaka-
putaia ta koutou kupu ki te Whare ki te Kawanatanga ranei kia whakahokia atu to moni i tukua eta ratou kai hoko whenua ki nga iwi o Hauraki, kia whakataua ki runga ki nga whenua a nga iwi i tango ai i taua moni, kia riro ma ia iwi ma ia iwi i roto o Hauraki e utu taua moth i riro nei i a ratou.
Kaua tens moni e whakataua ki runga ki to matou whenua e to koutou Runanga i runga i te kupu a te Kawanatanga a ta, ratou kai hoko whenua ranei.
E whakaatu ana matou, i tuhia ano he pukapuka e o koutou kai pitihana ki a Ta Tanara Makarini, Minka mo nga Maori, i te 3 o nga ra o Tihema 1876, hei whakaatu i tenei raru katoa kua whakina nei ki to koutou Runanga. I taia hoki te kape o taus meta ki to Thames Advertiser o Hanuere 13th, 1877, heoti kaore ano kia tae mai te kupu a to Kawanatanga hei whakaatu ki a matou mo taua mea e tonoa nei e matou ki a koutou.
whakaatu ana o koutou kai pitihana, ara, i tuku panui ano etahi o nga iwi o Hauraki i hoatu nei e te kai hoko whenua a to Kawanatanga he moth ki a ratou mo to matou whenua, hei whakaatu i te pono o to ratou kora i take tuturu ake ki tera whenua ki te Aroha, mo to ratou
iwi ake me era atu iwi hoki o Hauraki e pera ana me ratou,ehara nei i a Ngatitumutumu me tetahi tanga o te iwi Ngatimaru.
26. I taia fa ratou Panui ki te Themes Advertiser o te 16 o nga ra o Pepuere, 1877, a e whakaatu ana ratou panui na taua kai hoko whenua a te Kawanatanga ratou i tohe kia tango noa i te a te Kawanatanga a ko to matou whenua hei utu, kaore nei o ratou take ki reira.
27. Ka tino whakamaramatia to koutou Runanga Rangatira e noho nei he whenua no roto i te rohe te Aroha i ruritia e Meha Te Moananui mona ake, no tom iwi hoki mo Ngatitamatera mo runga ano i taua moni i tukua kia ratou a taua kai hoko whenua a to Kawanatanga ; heoti whakabokia Mai taua whenua e te Kooti ki o koutou kai pitihana i runga i nga take korero katoa kua whakina i roto i nga Kooti katoa i tu mo tenei whenua mo te Aroha.
28. Ka marama pea koutou ki te titiro, ara, kaore rawa he paanga o nga iwi katoa o Hauraki ki tenei whenua ki te Aroha, ara, kaore ano ratou i haere noa ki to ata ruri ki to ata tohutohu ranei i nga wahi i a ratou hei whakaritenga mo nga moni a te Kawanatanga i riro nei i a ratou. Ma tenei hoki pea koutou ka mohio ai, ara na taua kai hoko whenua na James Mackay ratou i whakakaha.
![]() |
4.162 174 |
▲back to top |
3
J.—3.
29. Ka inoi torn matou ki a koutou inaianei a mua atu hoki kia whakaarohia paitia to matou pitihaua e koutou inaianei i te wa e mamma ana, tenei ake te po, to wahi e kore ai e tika to tangata te
Na konei matou o koutou Kai Inoi ka tuku nei i tena Pitihana ki a koutou kia ata whiriwhiria paitia to matou tono.
A ka inoi tonu o koutou kai pitihana ki te tohungia tatou katoa e te Atua.
Heoi ano, na matou katoa, na o koutou hoa,
Na
REIM APERAHAMA.
Me to 47 tangata atu.
[TRANSLATION.]
To the Honorable Members of the House of Representatives of the Parliament
of the Colony of New Zealand, now assembled.
SALUTATIONS TO You!
THE PETITION OF THE UNDERSIGNED ABORIGINAL NATIVES OF NEW ZEALAND, OF THE DISTRICT
OF HAURAKI.
HUMBLY SHOWETH,—
THAT your petitioners are owners of land called Te Aroha, at Hauraki. Your petitioners pray that you, the members of the House of Representatives of New Zealand, will give careful consideration to the matters set forth in this petition, respecting their land, Te Aroha.
That land. Te Aroha, belongs to us alone, to our ancestors, to our hapu Ngatitumutumu, and to us, some of the members of the Ngatimaru tribe, who are included' amongst the descendants of Ngatitumutumu ; and we and our hapus, who have permanently occupied this land, Te Aroha, from days long gone by up to the present day, have large interests in the land, and we are still exercising acts of ownership on the land according to Maori custom.
No other hapus or tribes living at Hauraki had any right or title whatever to this land, Te Aroha, according to Maori custom.
None of the other hapus or tribes living at Hauraki, or any other tribes, from time immemorial to the present, have driven off our ancestors or hapus, or have objected to their occupying from the beginning till now, and we are still living permanently upon our land, Te Aroha.
When the Native Land Court came into operation, an unauthorized [pokanoa] application was made to the Court by another tribe, not being of Hauraki, with the intent that they, the Ngatihaua of Waikato, might be able to rob us of our land, Te Aroha, possibly that they might treat it as compensation for the confiscated lands in Waikato. However, they were defeated in the last Court that sat in respect of this land.
Your petitioners would point out to you, the Legislators for the two races living in the Colony of New Zealand, that it was James Mackay, Government Land Purchase Officer, who placed all the tribes of Hauraki upon our land.
We mean that this placing of the tribes of Hauraki upon this land of ours by him has been effected by his paying money to different people of all the hapus of the tribes of Hauraki.
Be it remembered by your honorable House that the moneys paid by that Government Land Purchase Officer to those people were paid at the town of Shortland, and not paid by him upon this land, Te Aroha.
8 That Land Purchase Officer cannot take the bodies of these tribes upon our land to live there, and those persons are unable in the body to go to Te Aroha, and point out to that Land Purchase Officer their portions of the land for which they have received payment, because they know full well that neither they nor their ancestors had any right to that land, Te Aroha.
We assert that those tribes were rejoiced on account of the unnecessary payment to them by that Land Purchase Officer of the money for that land, Te Aroha, to which land they had no right ; and they are also rejoiced at the needless payment to them by that Government Land Purchase Officer of liquor, flour, biscuit, sugar, tea, and European commodities for our land.
We pray you to place the responsibility for these goods or moneys upon those persons, so that they may enjoy the results of their gratification, which they evinced when their hands took the money and goods.
We would point out to you that our land, Te Aroha, is of very large extent; it is also land of good quality, and contains many thousands of acres; and for that reason the Land Purchase Officer heedlessly paid money to all the tribes of Hauraki, who had no title there, in order that the Government might get all the land, and that he might get his commission at 4d. per acre for lands purchased by him for the Government.
That Land Purchase Officer told the tribes at Hauraki that they all had an interest in Te Aroha through the name of Marutuahu, our aucestor, the Court having ordered the land to be granted through the name of Marutuahu.
We wish to explain this last statement. It was quite right that the name of our ancestor should be mentioned in connection with our laud, but the right to use his name rests with us and not with any other hapu or tribe of Hauraki.
14. We will tell you the children of Marutuahu—Tamatipo, bead of the Ngatirongou ; Tamatera, head of the Ngatitamatera ; Whanaunga, head of the Ngatiwhanauga and also Te Ngako, to who
descended the name of their parent Marutuahu. We, the section of Ngatimaru, who are in this Te Aroha., are the descendants of Te Ngako.
15. Your petitioners are quite clear that the Court's decision was in favour of Marutuahu, and that the Court was quite clear that all his tribes would not. have a strong title to this land. In part 4 of the 4th clause of the Judgment of the Court, published in the Kahiti Extraordinary of the 4th
![]() |
4.163 175 |
▲back to top |
J —3.
4
1G. But all the Marutuahu disputed with the tribes of Waikato, thoso taking the most active part being the Ngatihaua cif Waikato, and the and of Marutuahu. The Court did not say that the Ngatitamatera, Ngatiw hanaunga, and other hapus of the Hauraki tribes, took an active part as against; the Ngatihaua about, this laud, To Aroha, to warrant the money of the Government being paid to those other tribes when the Court awarded that land as in the uamo of our ancestor Marutuahu.
Your petitioners would point out to your honorable House that Ngatihaua made a great many applications to the Court to sit to investigate their title to this laud. The first Court was held at Waikato, and the second at Matamata, Waikato.
We and our hapus mentioned herein were the only ones who went to those Courts—that is to say, we, the descendants of our ancestor, the persons known by all tho tribes of Hauraki to be the sole owners of this land, Te Aroha.
The third Court for this land was held at Kapanga, Hauraki, but the statements made to the Court were not clear, owing to the confusion that existed.
The last Court for this land was held at Auckland. On this occasion all the Hauraki tribes assembled to state the claims of our ancestors and the occupation by our hapus of Te Aroha, so that the Court might be clear to consider the question of the taking of our land by Waikato.
The Hauraki tribes did not appear in Court to assert their own rights to Te Aroha, but to substantiate the- title of our ancestors, our hapus, or of ourselves, who are living upon our land.
22. Your petitioners again Pray you to cause action to be taken in the House, or by the Government, that the money paid by their Land Purchase Officer to the tribes of Hauraki may be made a charge upon the lands of those 'who received it, so that each tribe of Hauraki can pay the money they received.
Let not that money be made a charge upon .our land in consequence of the statements of the Government and. their Laud Purchase Officer.
We point out that we addressed a letter to Sir Donald McLean, Minister for Native Affairs, on the 3rd December, 1876, showing forth to him ail these difficulties which we have related to you. A copy of that letter was published. in the Thames Advertiser of 13th January, 1377; but we have not received any word from the Government on the matter respecting which we now petition you.
Your petitioners state that certain of the tribes of Hauraki, to whom the Government Land Purchase Officer paid money for our land, have issued a notice stating that they really had no valid claim to Te Aroha, neither they nor the other tribes of Hauraki in the same category as themselves, and not belonging to the Ngatitumutumu or a portion of Ngatimaru.
Their notice was published in the Thames Advertiser of the 16th February, 1877, and they state therein that it was that Land Purchase Officer of the Government who urged upon them to take, without cause, Government money for our land, to which they have no title.
We would make it clear to your honorable House that Meha to Moananui surveyed certain land within the boundary of Te Aroha for himself and his tribe, the Ngatitamatera, on account of the money paid to them by that Land Purchase Officer of. the Government ; and the Court has returned that land to your petitioners in accordance with the evidence given before the various Courts which have been held in respect of Te Aroha.
It will probably be clear to you that all the tribes of Hauraki have no right whatever to To Aroha, because they have not yet gone to survey or to point out the places they claim as in consideration of the Government money paid to them ; and by this you will probably be made aware that they have been backed up by that Laud Purchase Officer, 'Mr. Mackay.
We will ever pray to you both now and in the future to regard with favour your petitioners while it is yet day, for. the night cometh wherein no man can work.
We therefore send our petition to you for your favourable consideration.
And your petitioner's will ever pray that God's blessing may rest upon us all—both you and us. Sufficient. From all of us.
Your friends,
REH A APERAHAMA.
And 47 Others.
Price 3d.]
By Authority GRORGB DIDSBURY Government Printer, Wellington.—1877.
![]() |
4.164 176 |
▲back to top |
SESS. II.—1879.
NEW ZEALAND.
NATIVE DISTURBANCE AT OHINEMURI
(REPORTS BY MR. E. W. PUCKEY, NATIVE AGENT, THAMES, RELATIVE TO).
Presented to both Houses of the General Assembly by Command of His Excellency.
No. 1.
Mr. E. W. PUCKEY to the UNDER SECRETARY, Native Department.
SIR,— Native Office, Thames, 17th September, 1870.
I have the honor to make the following report on the late outrage at Ohinemuri, and the circumstances surrounding the same:—
In the beginning of March last certain members of the Ngatikoi hapu resident at Obinemuri came to the Thames and offered the Pukehange Block for sale to the Government. The Land Purchase Officers declined to make any payment unless they were assured that the rest of the owners concurred in the proposed sale. The Natives referred to then went back, returning in a few days to the Thames, accompanied by one or two more, with a note from the rest of the Ngatikoi hapu agreeing to the proposed sale, though objecting to the price. Upon receiving au assurance that there would be no difficulty about the matter, a deposit was paid, all arrangements being at the same time made for surveying the land and passing it through the Native Lands Court in the usual manner. The price agreed to was 5s. per acre, the cost of the survey being borne by the Government.
On the 2nd June Mr. Wilkinson accompanied me to Ohinemuri, where the question was again fully gone into and some other payments made. An application for the survey was in due course transmitted, bearing on. it my recommendation, to Mr. P. Smith, the Chief Surveyor, who wrote, saying that, as most of the surrounding land had been surveyed, he thought it was hardly necessary to make a survey. It was thought, however, by the Laud Purchase Officer that, as some surveys had been made of the lands immediately to the southward, there might be overlaps, and, consequently, disputes in reference thereto would arise, and. that it would be fairer for all parties that a survey should be made in the ordinary way ; and he suggested that Mr. Bayldon be authorized to do the work. Ample time for any objection had been allowed, as it was only in August that he made a commencement ; and, while running the- southern boundary, without any notice being given to himself or me that any objection
existed as regarded the survey, his party was fired upon by certain members of the Ngatihako hapu, wounding one man named William Daldy McWilliams. I need hardly say that this is the first instance in which a resort to the use of fire-arms to protest against a survey has at any time been made in my district,
About 11 p.m. on the 29th August I was awakened by Mr. McIlbone coming to my house with the report that Mr. Bayldon's party bad been fired. upon. The news thoroughly took me by surprise. I arranged with Mr. McIlhone to proceed with him at daylight in the morning. At about 3 a.m. on the 30th Mr. Bayldon, who had in the meantime returned by steamer from Ohinemuri, informed me of the facts of the case, which I duly reported to the Hon. the Native Minister at the opening of the telegraph office at 8 a.m., the same time that I would arrange for a party of Hauraki chiefs to meet him on his arrival from Auckland that afternoon, and confer with him on the course to be taken. Telegrams were then sent to leading chiefs in various parts of the district, informing them of the outrage.
The Hon. the Native Minister, having arrived, was accompanied by Mr. Wilkinson, Taipari, and myself, as representing the Native and Land Purchase Departments, to Ohinemuri, which place was reached about 10.30 p.m. same evening, when I at once made arrangements for a meeting of Natives, to take place early next morning. At about 10 o'clock, the chiefs and people of Ohinemuri having assembled in the Paeroa Hall, the Hon. the Native Minister addressed them as follows [extract, Thames Advertiser, 1st September] :—
" Mr. Sheehan interviewed the Ohinemuri Natives in the Public Hall at 10 o'clock. 'He saluted them—people who belonged to the place polluted with blood. He came there on account of the bad act which had taken place. He did not call them together to hold a meeting, but to hear what he had to say. He had come to tell them about the survey of the block. He was very pouri on account of the thing. It was the first disturbance in Hauraki, and he hoped it would be the last. There were two things to discuss—the first was the survey, and the next the right of the Government to the land. He was prepared to take the people who had been shooting at the surveyors. He was going to their settlement to take them, if they were there. If they were gone he would do the net best thing—he
![]() |
4.165 177 |
▲back to top |
G.—6.
would take land, and hold it until the matter was settled. He was quite aware those present had nothing to do with the matter. He knew the .persons. They had been troublesome for a long time, and he had been very patient with them, but now they had gone beyond the Jaw he intended to see the matter through. He should take the road, the railway, and the wire through their land, and That was the satisfaction be intended to get from them. The only way they could show they had nothing to do with the matter was to assist him to get ibis 'satisfaction from the Natives who had thus committed themselves. He did not Wish to talk much, but asked their assistance. -When he returned from the settlement, where he was going, he would be very glad to talk with them. They should not think he was acting without right on his part.' "
Tukukiuo and Tareranui, and, in fact, all of the old chiefs, were afraid, in the event of the Hon. Mr. Sheehan carrying out his determination of at once proceeding to Okahukura, one of the settlements of the Ngatihako, to find out and arrest the perpetrators of the outrage, that armed resistance would be made, and that he would be fired upon, as the chance then offered would be too good for the Ngatihako to lose. After a short deliberation, the Hon. the Native Minister, acceding to a request made by them to him, requested me to proceed to Okahukura, accompanied by a number of the younger chiefs. I accordingly did so, despatching a special messenger to warn them of-our approach. On our way up the Waihou River we laid down plans for our guidance against possible eventualities. When we reached the settlement, which we did at 1 p.m., 31st ult., we found Epiha, Pakara, and three other men, and five women. After the uhunga which seems to be usual in such cases, and most of the party which accomcompanied me had by slow degrees approached the question with which we bad been charged—namely, that of demanding "that the persons who had shot young McWilliams should be handed over to be dealt with according to law "-I made a formal demand in the name of the law, not knowing at that time who were the perpetrators of the outrage. Epiha replied' that he himself was the man, and that he would not come to the Court; he was willing to be tried by the runanga of Hauraki, but not by the pakeha law.
On my way backto Paeroa I learnt from a young Ngatihako (Paera Tuinga) who returned with us that the actual perpetrators of the act were Pakara and Epiha, the two men we had seen, and who replied to our party ; that the shooting party consisted of three, Pakara, Epiha, and Kahutauiwa, son of Kaama, a celebrated -Maori doctor—these three proceeded from Okahukura towards the survey party, the latter remaining behind at the edge of the bush in which the line was being cut ; that Pakara fired the first shot, his gun being charged with small shot, the discharge taking effect on McWilliams's hand and breast ; immediately afterwards Epiha fired his gun, which was leaded with ball-cartridge, the ball passing through the young fellow's thigh. These statements having beets made by the culprits themselves, and describing the wounds as they appear on their victim's person, are, I think, sufficient evidence of the truthfulness of the statement.
We reached Paeroa at 5.15 p.m. immediately on my return I communicated with the Hon. Mr. Sheehan, who shortly afterwards had an interview with Mr. Inspector Thompson ; and it was then arranged that an attempt should be made that night to arrest the whole of the Natives we had seen at Okabukura ; that the Ministerial party were to return in a steamer that night to the Thames; that Mr. Wilkinson and myself were to proceed part of the way down the Waihou River in the s.s. "Pearl," then lying alongside the Paeroa wbarf, which was to follow the other steamer, in order to lead the Natives to think we had all left ; that we were to return to Pacroa at midnight, and should there be joined by Mr. Sub-Inspector Kenny and six of the Armed Constabulary force, and Mr. Inspector Thompson and the whole of the No. 3 Scottish Volunteers available. Our plans were, however, frustrated, by a series of unforeseen eventualities. First, the s.s. " Pearl" was unable to leave the wharf, as the captain could not be found, and we therefore decided to remain where we were till midnight, and start with the force above-named. We secured the services of an efficient guide, and also of a pilot, without whose it would be useless to attempt to take a steamer amongst the snags of the Waihou River. Having completed our arrangements, we waited for the appointed hour, 12 midnight of Sunday, 31st ult. A short time prior to that hour it was discovered that the secret expe-damn was known all over the place, and that a young fellow named Witika, a Ngatihako, had left post-haste to give the alarm to the Ngatihako ; that our guide was nowhere to be found, and that our pilot refused to go with us on finding out the dangerous service on which we wished him to take us. It being now hopeless to surprise the Ngatihako, it was decided to start at 9 o'clock the following morning. At about that time, having received intelligence which bore every appearance of authenticity, I wrote a memorandum as follows:—
-
" Memorandum.—Mr. Thompson : As it is impossible now to arrest Pakara to Paora and Epiha Taha in the manner suggested by the Hon. the Native Minister, the Natives having by some means or other become aware of the fact that steps are about to be taken, I Think it would be unwise, and would assuredly result in disaster, were our armed force to proceed to the Waihou. It is more than likely that the Ngatihako are by this time strongly reinforced ; and, from what I know of their character, I am confident that any attempt at arrest would be resisted to the death. In fact, since the departure of the Hon. the Native Minister the position has entirely changed. There was a fair chance yesterday of effecting a surprise, but that is now impossible. Any plan, to result in success now, should be well matured, and carried out by a sufficient body of trained men.—E. W. P., Native Agent.—. 1st September, 1879."
'Upon his receipt of the above, we had a consultation, when it was decided to abandon the enterprise and proceed to the Thames and see the Hon. Mr. Sheehan, or communicate with him by telegraph, expecting him to be at that time in Auckland. On our way down in the steamer I wrote the following memorandum, intending to have sent the same as soon as we arrived at Shortland :—
" 1st September, 1S79.—Memorandum for Hon. John Sheehan.—Mr. Thompson will have informed you of the peculiar circumstances which led to the abandonment of the attempted arrest of Pakara and Epiha last night and to-day. The Ngatihako, from what I hear, had a reinforcement concealed in the bush at the very time I and my party were demanding that the would-be murderers be given up to justice. It appears, also, that they had scouts stationed at places along the river-bank,
![]() |
4.166 178 |
▲back to top |
3 G.—6.
and that they carefully observed that none of the Ngatikoi were on board the steam-launch, otherwise they would have been shot. I would now beg respectfully to submit that you take into consideration the proposal made you yesterday by Tukukino and the Hauraki chiefs, that the first step in this painful business be taken by the assembled chiefs. I believe that step will result in these fellows being brought to justice, as the Natives feel very strongly at this disturbance of the peace of this district, and es they are very anxious to assist us to the utmost in order to show their cordial feelings towards in
think it would be wiser, as I am certain an attempt to arrest would result in bloodshed, and the toss of several lives, besides possible complications in which surrounding tribes might take part. By complying with the wish of the .Hauraki people we shall enlist them on our side, and we shall have their sympathy in the event of our having to employ force to compel those who shelter those people to give them up.—E. W. PCUCKEY, Native Agent, Thames."
On our landing at Shortland we learned that the Hon. Mr. Sheehan was waiting to see us at Grahamstown, whither we proceeded with all despatch accordingly. The Hon. Mr. Sheehan immediately sent Wata Tipa to the Hoe-a-Tainui, Upper Piako, by a steam-launch, to fetch Wini Kerei and other chiefs to act in unison with the runanga of Hauraki, in accordance with the wishes of Tukukino, Reihana to Tutaua, W. H. Taipari, and others, who desired to allow the surrender of the culprits and the inquiry as to the reasons of the shooting to be deputed to them.
I must now leave the history of the case for a while, and show what action had been taken by the Ngatihako. Early on Saturday morning, the 30th of August, a messenger was sent to the Hoe-aTainui from Okahukura, informing them of what had taken place, and soliciting assistance. Wini Kerei told me they had been arguing the matter for two days and two nights prior to the arrival of Wata Tipa. His advice to his people was to let the matter alone; which I am glad to say they followed. On Sunday, 31st, Tiwai, a Hauhau orator; and Natanahira te Rumanui, accompanied the messenger to Okahukura, and on Monday wrote me a letter, copy of which, with translation, is annexed (Enclosure No. 1). The receipt of this letter on the night of Monday, the 1st September, supported me in the opinion I entertained that the Ngatihako had been reinforced, which turned out not to be the case. Referring to the last census returns will show the Ngatihako people to consist of twenty-three men and seventeen women. There are, however, many amongst the Hauraki tribes who are more or less connected with them, and whose sympathy they could readily command were hasty action taken by us to seek ulu. But, to resume the thread of my narrative, Tipa returned to the Thames on the night of 2nd September, accompauied by Pineaha te Wharekowhai, Mata Ngapo his wife, Rota Tamatea, and IIunui. I hurried off to see them at 0 a.m. on the 3rd, and had a few minutes' conversation with Pineaha, who appeared very much down-east, believing he would undoubtedly be sent to gaol for the crimes which his people were guilty of. This impression had got so deep a hold of his mind that he. could not readily get rid of it. At 0 a.m. I accompanied the Hon. Mr. Sheehan to Grahamstown, where we were followed by Tipa and Pineaha and party. An intereiew took place, at which the Hon. the Native Minister expressed the deep regret lie felt at the peace of Hauraki having been thus rudely disturbed. We left for Ohinemuri that day at noon ; and, having sent a messenger to the Komata asking to coma and see the Hon. the Native Minister, we awaited his arrival at Paeroa, Tukukine mad, es appearance at 6.30 p.m., when the Hon. Mr. Sheehan had an interview with him, at which Pineaha was present, as well as Wata, Tipa, Hata Paka, and others. He was informed by the Hon. the Native Minister that, as he had so much wished it, he was willing to place the matter in the hands of the runanga of Hauraki, which had now assembled (there being representative men of all the tribes at this time at Paeroa), but that, if the runanga found that Pakara and Epiha were justified in a Maori point of view in shooting, he could not accept that as final. The duty of the runanga was to investigate two things—(1) The shooting, and who had done it ; (2) as to the survey, whether there was any encroachment on the Ngatihako land. He intrusted the matter to them, believing they would do what was right, and that they would insure the surrender of the culprits to the law. He had already told them what the consequence would be if that was not done. Should they surrender, however, he would take the finding of time runanga, and the peace which had so long continued in Hauraki, into consideration, and deal as leniently with the offenders as possible. Tukukino expressed himself very much pleased at the course which the Hon. the Native Minister had taken; and the interview terminated, the Hon. the Native Minister returning the same evening to the Thames.
On the following morning, 4th September, a discharge of firearms was heard in the direction of Okahukura, which turned out to be consequent on the arrival of a party from Keripehi and Waitakaruru. At 10 a.m., the runanga, having assembled with the usual ceremony, proceeded to discuss the instructions given them by the Hon. Mr. Sheehan; and, in order to secure the presence of Ngatihako, Pineaha te Wharekowhai, his wife, Karatiana Kihau, Wata, Tipa, Wini Kerei, and others, accompanied by Mr. G. Wilkinson, of the Native Laud Purchase Department, were sent in steam launch to Okahukura, conveying to the Ngatihako the formal summons of the runanga. They promised to attend the meeting the following day, but would come armed and ready for any emergency.
On the 5th, at 9 a.m., the runanga assembled at a place called Opakura, about one mile below Paeroa. A considerable party of Natives from Ohinemuri went some distance on the way to Okahukura to meet the Ngatihako, who at length, after a series of delays, came in sight about 11.45 a.m. As they had to cross the river, still further delay took place, but at last they came, headed by their old chief Pineaha, who is a very good stamp of the old Maori gentleman, and one whose word is as good any day as his bond. There were about seventeen men armed with double-barrelled guns. When the party came within about two hundred yards of where the runanga was sitting, they each discharged one barrel of their guns, some of which were loaded with ball, which could distinctly be heard whizzing high in the air. According to an understanding cone to, the greater part of the spent weeping over what might affect the future peace of Hauraki: it was not till late in the da it the runanga commenced to speak upon what had caused the meeting of the tribes.
On the 6th, Te Raika Whakarougotai, lieutenant of the Hauraki Native Volunteer Corps, was chosen chairman of the runanga, which immediately proceeded with the taking of evidence. This was continued on the 8th, 9th, 10th, and 11th.
![]() |
4.167 179 |
▲back to top |
4
On the 12th, two committees, chosen from all the hapus of the different tribes excepting Ngatihako, sat separately, going through the evidence, and gave judgment at 10 a.m, on the 12th (see Enclosure No. 2).
After judgment was given, the Ngatihako were first asked what they had to say for themselves. They, through Timiaha Taiwhakaea and Hoera to Mimiha, said that they were willing to submit their claims to the Native Land Court, as they knew they had a good title to the land, and, if necessary or
called upon, would appear before the Supreme Court. I was asked, as representing the Government, what I had to say. I replied that, the matter having been handed to the runanga, I was content to abide so far by what they decided.
Upon Ngatihako being called upon to speak to the judgment so far as it concerned them, Pineaha said that he wanted three things handed to him, in order that his course might be clear, which were the roads, surveys, and Courts. The prospect of an immediate surrender appeared at this moment singularly bright, and every one thought the matter could be easily settled by a little diplomacy. It was thought the roads were roads passing over Ngatihako land, and that the surveys and bearings
before the Court affected Ngatihako land ; but it turned out that Pineaha wanted the matter affecting all roads, surveys, and hearings of land claims in Hauraki handed over to him. This the runanga of course could not grant, and it now appeared evident that Pineaha had asked for things which he knew the runanga could not possibly grant, in order that he might say, " Well, then, I will not give my young men up." The runanga became wearied from constantly replying to the arguments of Pineaha and Tiwia, and the question was referred to Mr. Wilkinson and myself. Mr. Wilkinson then informed the runanga that judgment was given that Pakara and Epiha should be surrendered to the law, that until that was done we could not entertain the question of roads, surveys, and Courts. About 4 p.m. the runanga, after deliberation, formally handed back the matter to me, as representing the Government.
I told the runanga that it was with great regret I found that Ngatihako would not yield up the offenders to justice, but the law must be enforced at any cost. I cautioned all against interfering in any war, lest they bring trouble on themselves. Pineaha, in a very dignified way, hurled back defiance. His children, he said, were not little pigs, which one might tie up and carry away to be roasted. The Supreme Court was a deep pool of blood. That the only reason he asked for the roads, surveys, and Courts was so that his way might be clear, as he was determined to bring trouble in the district, and would shoot any one interfering with his rights; but he begged that I would not be hasty. The meeting now broke up, and Tukukino, when I bade him good evening, said in a significant manner he would come and see me on the morrow.
The Natives from Hauraki having expressed a wish to return that evening, I sent them home in the p.s. " Te Aroha " ; but, at my request, Tipa, Wini Kerei, Rota, and some others remained, as I felt certain they could and would bring influence to bear on Pincalia, in order that he might reconsider his decision, as they, with Tukukino, were the only ones who could do so without compromising myself, and the runanga, having given judgment, could not recede from the position they bad taken up. At 4 p.m. on Sunday, 11th instant, Wara Tipa and Tukukino came to see me, and told me of the result of their interview with Pineaha. (Epiha and Pakara had at this time returned to their settlement.) Tukukino asked Pineaha if this trouble about to ensue was one over which he expected ail Hauraki would be implicated. Pineaha answered, " No." Tukukino, resuming, said, 'I want you clearly to understand that, though I am a Hauhau, since the Government handed this matter over to the runanga, and have acted with so much consideration for the peace of Hauraki, you need not look to me for any assistance whatever ; I and my people will stand aloof, and let the pakeha have a clear road." After a
good deal of argument on both sides, Pineaha gave his consent for the offenders to be brought to justice, agreeing that he and Tukukino, who is half a Ngatibako himself, should manage the matter, suggesting that Tukukino and Tipa wait upon me at once, and ask for time to act.
They therefore came, as I hare already shown, and, having informed me that Tukukino and Pineaha (meaning Epiha and Pakara) would go with me to the Supreme Court, and asked for one week in which to settle the surrender, telling me also that Pineaha on account of the grief he felt had not suggested the surrender to Epiha and Pakara, they, at the same time, asked me to show them some consideration, and, upon my asking in what way, they said, "You heard what Mr. Sheehan said about the Court ?" To which I replied in the affirmative. They then asked if, when they reached the Supreme Court, the Hon. Mr. Sheehan would carry out his promise: this I guaranteed. Tukukino then left satisfied, upon my agreeing to take upon myself the responsibility of staying any warlike proceedings for one week from that time. I gave him, however, distinctly to understand that, if at that time the offenders were not forthcoming, instant action would take place, as I believed everything was ready.
Later in the evening, several members of the Ngatitamatera came in to see me, and, though not so sanguine as Tukukino, were satisfied that Pineaha had changed his position, and would co-operate with Tukukino in endeavouring to bring the offenders to justice.
On the following day I left for the Thames, and, when passing the place where the runanga was sitting, Pineaha came on board the steamer to see me, his face having lost the anxious look which it had worn since the occurrence of the outrage. He said, "I have not come to see you to beguile you, or quieten your feelings. I came to say that Mr. Sheehan is a stranger to me, whereas I have known Mackay and you a long while, and have worked with you in the past for the peace of Hauraki. Tell me now, can I rely on Mr. Sheehan's promise, that he will recollect the peace of Hauraki, and take the wrongs of my people into consideration when I am in the Supreme Court ?" I said, " Certainly he will." " Well, then," he said, " my word to you is this : Do not try to trap us ; we will remain quietly in our place—we will not fly. Do not send a war-party to surround us by way of Piako; but let me have time to talk, and come and see me again." I replied, " I have given Tukukino one week after that ; I will now go to the Thames, and return on Thursday, and will see you then."
That, in brief, is the present position of the case. I will, in conclusion, make a few remarks showing the position of Ngatihako, and what are the wrongs for which they have taken this foolish way
![]() |
4.168 180 |
▲back to top |
5 G-6
of seeking redress. They were the original owners of the country, but were conquered by the Marutuahu tribes, who reduced them to a state of slavery, allowing them only to occupy an insignificant portion of the fine country which they at one time owned. Of their condition anterior to the coming of the pakeha, I need say little. They were employed as were the ancient Gibeonites, who were spared by Joshua, and became hewers of wood and drawers of water, these occupations being diversified. by occasional employment in eel-catching and
bird-snaring, and, doubtless, when they were unable flesh in other ways for the refection of their masters, frequently had to furnish their own in the place of what they were unable to supply or obtain. But time, which cures all ills, at length provided a remedy. With the introduction of Christianity, cannibalism and other ills they were heirs to ceased, and as time wore on they gradually ascended the social scale, and are now very nearly equal with their masters.
At the sitting of the Native Laud Court at Ohinemuri in May, 1870, the Ngatikoe, another serf tribe occupying a somewhat better condition than the former, were the claimants to a piece of land
called Owharoa. These claimants were anxious to have the Obinemuri Gold Field thrown open for
gold-mining purposes ; and, in order to test their right, they were not discouraged by the Government of the day in the desire to bring their claims before the Native Land Court. The Ngatitamatera, the dominant tribe in the Court were the counter-claimants, the principal men of whom, with few exceptions, objected to the gold field being opened. The Ngatihako, being opposed to the opening of the district, sided with Ngatitamatera, and in open Court, through Pineaha and others of their chiefs, divested themselves of their right, as a serf tribe, disclaiming to own any land without the permission of the Ngatitamatera. This has, as much as the conquest and occupation of their lands by Ngatitamatera, reduced their holdings to a minimum, as whenever they set up a claim to land in the Court, unless by special act of grace on the part of Ngatitamatera, they are awarded none. Discontent, after repeated failures, has given place to a firm desire to prove their right and regain their lost prestige at any cost, and, without in any way regarding the consequence, they have, I am led to believe as a last resource to cause the discontinuance of encroachment on their rights, with a hope that their conquerors might take sides with them and become themselves involved in the troubles bound to follow such a step, fired on our survey party. I need hardly say that such a step on the part of the Natives was entirely unlooked for by me.
In conclusion, I must beg to make a few remarks regarding Tukukino. He has been justly regarded for many years past as the determined opponent of progress. I will not now refer to the many obstacles he has thrown in our way as to the cession of the Ohinemuri Block to the Government for gold-mining purposes, the telegraph, the road, and the railway. All these are patent facts ; but in justice to the man I wish to put on record my opinion of him. I do not think there is a Maori in the colony who, entertaining the ultra-conservative opinions which he holds, is more entitled to our respect than Tukukino : he is an honest, straightforward opponent, who says what he thinks, and does what he says he will. The course which has been adopted by the Government in dealing with the perpetrators of the Pukehauga outrage, suggested as it was in the first instance by Tukukino, him that the pakeha is not, after all, quite such a bad fellow as he thought. He we could crush him at a blow, but are restrained by a moral force which until now he has not recognized. Tukukino has not been influenced in his action in this matter by fear of having the railway, road, and telegraph forced through the Komata, as some misinformed people think : those are matters which he is prepared to cede upon the next visit of the Hon. Mr. Sheehan to this district. He is actuated by the fear that the Ngatihako Tribe will be annihilated or lose their lands, or that those innocent of the crime committed by their relations may suffer whilst the guilty ones escape. Whatever the result of the course being adopted may be, I think people should give the credit of doing what, according to his lights, he considered was best for his people.
I have, &c.,
The Under Secretary, Native Department, E. W. Puckey,
Wellington. Native Agent, Thames,
Enclosure 1 in No. 1.
[TRANSLATION.]
To Mr. Puckey. Te Awaiti, 1st September, 1879.
Friends,—Greetings to you and Mr. Sheehan, the Native Minister, the embroidered receptacles in which are contained the covenant of faith and love. Great is my condolence for the innocent blood which has been spilt on account of your doings upon the peace of Hauraki. Although it had been seen that there was a precipice—a tree which could not be climbed, or a sacred spot—still you persisted ; and, the result having been that one has been swallowed by a taniwha, then you and we complain. The wrong-doing, however, is not Tawhiao's, inasmuch as it had been notified to the whole
Island that all these evil things must be discontinued, by reason of which the islands and languages
sigh, moan, and cry aloud ; but the course to be followed is to show kindness to the land and to the people, so that we may dwell in love, kindness, and the faith.
Friends, leave this to be dealt with in a quiet manner, in order that we may fall by the sword of the tongue. Let that be the weapon to decide between us. If you agree, the meeting may take place at Te Komate, or, if you are willing, at Te Hoe-a-Tanui. I think Te Komata, preferable for the meeting. Friends, let the sword I have mentioned be the one employed—for that was a survey, not a sword. If, however, you do not agree to have it discussed, you will have taken up the sword, and the will be a larger effusion of blood ; and it would then be more difficult for the law to decide, for the will have been quick to do evil and slow to listen [to reason]. Let the matter be quietly talked over. For we are all one in Christ Jesus, neither are our bodies [or lives] matter below our case. That is all.
![]() |
4.169 181 |
▲back to top |
G-6. 6
Memorandum for the Hon. the Native Minister.
The writer lives at Te Hoe-a-Tanui, Upper Piako, and his writing from Te Awaiti, three miles from Okahukura, is evidence to my mind that these people have been reinforced, as the half-caste woman yesterday informed me.—E.W.P.
Enclosure 2 in No. 1.
JUDGMENT.
HOANI NAHE of Kirikiri, opened the day's proceedings by reading the judgment, which is as follows:—The The Ngatikoe's Action.—It has been proved that Timiha was wrong in connection with the ownership of the land.
He was wrong in not stating to Mr. Wilkinson that Tangiteuha and Kirituna were included in the block Ngatikoe proposed to sell to the Government. He stated that Pukehanga was all the land be was selling.
His keeping hidden (or misrepresenting) the boundary known as Owhakatina, and his stating that the kahikatea tree was the boundary, was wrong, many witnesses having stated during this inquiry that that boundary was Owhakatina.
At one time he stated that the boundary line of his ancestors ran in a zigzag direction, and at another time he said it ran in a straight line. That is false.
The laud at the southern boundary of his block, and Which be calls Native land, is not so, as that is the Papa Block.
The Government's Action.—The Government's action in advancing money on land not yet through the Court—viz., Pukehanga, Tangiteuba, and Kirituna (as no Crown grants had been ordered for those blocks)—was wrong.
The Ngatihako's Action.—They have done wrong, as blood had been shed.
This Committee is clear that the survey in which the European was shot was the Ngatikoe's survey. That is proved by Mr. Wilkinson, who states that nearly all the Ngatikoe Tribe took money on the land, which they sold under the name of Pukehanga. Mr. Wilkinson says those of Ngatikoe who were able to do so gave the boundaries of their land, and those who could not give the boundaries listened whilst others of their people did so for them, and none objected. The name they gave for their block was Pukehanga. Mr. Wilkinson gave the names of all who had taken advances on the block, and they turned out to be all Ngatikoe people; therefore the Committee are satisfied that Ngatikoe were the cause of the survey, and that the survey was for the Pukehanga Block. The Committee see that the survey was being made by Ngatikoe and the Government conjointly, consequent on the Government buying Native lands before they have passed the Court; and it was on account of this system of land purchase that the trouble has arisen, and through this that the Chief Surveyor authorizes his surveyors to make surveys of land on which the Government have advanced money. Had not the Government made advances on this laud which is not through the Court, this trouble would not have arisen ; and had they not paid money to Timiha and the rest of the Ngatikoe, and authorized the survey, Timiha would not have had any money to have a survey of the land made, nor would the Chief Surveyor have authorized his men to survey it. Therefore the Committee consider that both Ngatikoe and the Government are to blame, and they also consider that the Ngatikoe should give up two hundred acres of the Pukehanga Block for the European who was shot, as atonement for their wrong, in surveying the lands Tangiteuha and Kirituna (adjoining Pukehanga), which are owned by the Ngatihako. The Committee consider that the shooting of the pakeha was wrong according to the English law, or according to the law or word of Hauraki, which provides that no blood should be shed within the Hauraki District. But the Committee, on looking at the matter, consider that there was a reason for shooting. the European, which was the surveying by the Ngatikoe and the Government of a portion of the Ngatihako's laud without their consent. Many survey parties had been turned off previously by Ngatihako without their discontinuing to survey ; but they at last got tired of turning them off, and although they used to take the surveyors' instruments they still persisted in surveying the land ; and the reason why they shot a person in this case was in order to stop the system of surveying. The Committee consider that the act would have been justifiable had the person who was shot been a Maori, but as it was a pakeha the Committee consider the act was wrong.
No. 2.
Mr. E. W. PUCKEY to the Hon. the NATIVE MINISTER.
SIR,— Native Office, Thames, 20th September, 1879.
I have the honor to supplement my former report, of the 17th instant, as follows :-
Upon receipt of the intelligence of the failure of Tukukino's mission, I proceeded at once to Paeroa and communicated with him. Having already imparted the same to you by telegraph, I need but to add that to-day I have had a most satisfactory meetiug with the whole of the Ngatitamatera. Tribe, when they resolved unanimously to let the pakeha have a clear road, and not interfere with or or hamper them in any way in their efforts to capture Epiha and Pakara.
Tukukino abandons the King party, but will continue a Hauhau ; and he and the whole of his people will remain quietly at their homes. They express themselves as having no sympathy whatever with Ngatihako, who, lest the " Pai o Hauraki" be disturbed, should have yielded up the offenders to justice. I have, &c.,
E. W. PUCKEY,
The Hon. the Native Minister, Wellington, Native Agent, Thames.
![]() |
4.170 182 |
▲back to top |
7 G.—6.
No. 3.
Mr. E. W. PUCKEY to the UNDER SECRETARY, Native Department.
Sir,— Native Office, Thames, 27th September, 1879.
I have the honor to report that on the 21st instant "W. H. Tai pari proceeded to K erep finding there some twelve men who had returned to that place, from. Okahukura, the day previous. He learned then that two canoe-loads of potatoes had been sent up to Awaiti (which is the first considerable affluent of the Piako that one passes on going up the Piako River, and is navigable for about fifteen miles, the head of the navigation being about three miles distant from Okahukura, on the Waihou). Taipari learned there, from a young half-caste, that there were two pas in course of construction—one at a bend of the Waihou below Okahukura, and one at Te Awaiti, as already reported. This information was immediately telegraphed by myself and W. H. Taipari to the Hon. the Native Minister. Copy of my telegram as follows:—
"Grahamstown, 23rd September, 1879.—To Hon. J. Sheehan, Government Buildings.—Taipari went to Kerepehi yesterday, and brought back word that two pas were being built—one at Te Awaiti and one on west bank of the Waihou—and that Ngatihako will be assisted by some of the Hauhaus from Piako. Taipari leaves for Upper Piako to-morrow.—E. W. PUCKEY, Native Agent."
[This telegram was sent to the telegraph office, but was not sent through inadvertence of the person to whom it was intrusted; of which fact I was not aware till yesterday morning.—'E.W.P., 27th September, 1879.]
W. H. Taipari also found a letter from Mahoetahi, a near relative of Nikoriua Poutotura, to Tiwai, copy of which enclosure is attached (Enclosure No. 1).
The interview Taipari had with the Natives at Kerepehi was anything but satisfactory, as, while they were professing friendship for us, they were supplying Ngatihako with potatoes, a course which from their close relationship with them is only natural.
W. H. Taipari left again for the Upper Piako on Wednesday, the 24th instant, and Wata Tipa the same day went to Whakatiwai.
On the following morning I received a telegram from Tipa, informing me that Tiwai had sent a letter to Pokai's people, inviting their co-operation, and saying that he (Tipa) would see Pokai and caution him. I have not heard subsequently from Tipa in this matter.
W. H. Taipari returned on Thursday night from Te Hoe-a-Tanui, and reported having had a most satisfactory interview with Ngatipaoa. After mature reflection he now thinks that a good many of the people at Te Hoe-a-Tanui were not sincere in their professions of friendship, and might ai d N gati hako.
A rumour has been current here since Monday that N gati hako intended to prevent steamers passing up the Waihou to Te Aroha, which has not been confirmed: indeed, I do not myself think that they will interfere in any way with the navigation of the river, or commit any act of violence, unless aggressive action be taken by us. I have, &c.,
E. W. PUCKEY.
The Under Secretary, Native Department, Wellington. Native Agent, Thames.
Enclosure 1 in 'No.3.
Translation by Mr. E. W. Puckey.
To TIWAI. Kerepiti, 1st day of Mauri, 1879.
GREETING. Friend, I am going inland; the younger people [lit., those children] will go thither. That is all of that. Friend, do not give up the course of action on which we are both agreed. Enough of that. Friend, be particular in having a canoe left at the landing-place—one canoe. Enough of that. Friend, I have heard that on the Monday of next week the policemen will go to arrest the offenders (criminals). On Sunday we shall be there. We are going to see the place (kai nga). Enongh of that. Friend, see that all the people are together on Tuesday of this week, and of next week; do not allow them to be scattered about in the scrub [lit., among the weeds]. That is all.
To Tiwai, Okahukura or Te Awaiti. HOROMONA MAHOETAHI.
By Authority; GEORGE DIDSB U RY, Government Printer, Wellington.—1879. Price 6d.]
![]() |
4.171 183 |
▲back to top |
![]() |
4.172 184 |
▲back to top |
![]() |
4.173 185 |
▲back to top |
5
opposition; and I believe, as I have already informed the Government, that the road could be now made without a breach of the peace. I have reasons for making this statement which I do not feel called upon to make public.
The employment of the Natives upon the of the Thames and Waikato Railway between Totara and Kirikiri—the portion which, by arrangement, they were to form—has been a failure, the price agreed upon being, in their estimation, too low ; and I very much fear this will cause a difficulty, and the Government will have to pay a higher price per chain for such other land as they may require within the Thames District for the line.
Hotereni Taipari, the last of the old chiefs of Hauraki, died on the 20th March last. Since I took charge of Native affairs at the Thames in 1869, the following chiefs, all of the highest rank and prestige, have died : Te Taniwha, Taraia, Haora Tips, Tamati Otatu, Rapana Maungaroa, Te Moananui, and, last, Hotereni Taipari. All these men had great influence for good, and inculcated friendliness to the pakeha a. durin the younger days of the colony. I regret to say the younger men who have succeeded them do not seem to Care the same influence for good; or, if they have, do not appear to exercise it.
The Natives in this district are, as a whole, very favourably disposed towards the Government at present in power. I think care should be taken lest they dispossess themselves of all their lands before it is too late. I may say this question perhaps may not assume so great importance at the Thames, as the most of the land they have sold has been purchased by the Government, and the beat portions of the same so acquired have been reserved for them (the Natives). I think care should be taken also to reserve from the action of the Waste Lands Board suitable blocks of land for Native school purposes.
In giving effect to the policy of retrenchment, and more particularly in the case of Wata Tipa, I think the Government might have borne in mind the services rendered .by his father, the late Haora Tips. The saving of a few pounds (£30) should surely be of less moment than the tangible assurance that his father's services were recognized and appreciated. The young man bore the loss of his salary very well to outward appearance ; slightly adapting the words of Job, he said, " The Government has given, and the Government has taken away : blessed be the name of the Government." I do not think, however, he meant the word " blessed " in its proper sense.
I will add in conclusion that, being one of the unfortunates myself, my services having been dispensed with, I have found it very dry work writing this report, and I have acceded to your request only because I thought it would be narrow-minded to have done otherwise.
I have, Fac.
E. W. PIICEEY,
The Under-Secretary, Native Department, Wellington. Late Native Agent. ,
No. 7.
Mr. T. JAcssoN, R.M., Papakura and Waiuku Districts, to the 'UNDER-SECRETARY, Native
Departmeut.
SIR,- Razorback, 13th May, 1880.
In compliance with instructions contained in your circular of the 16th March, 1880, I have the honor to report upon the state of the Natives in the Resident Magistrates' Districts of Papakura and Waiuku.
Since my last annual report no change of importance has taken place in the above districts.
The number of Native Assessors has been reduced by the death of Nini Potaua Kukutai, and the removal of Hori Tauroa.
Nini Potaua Kukutai died at Taupiri, Lower Waikato, on the 10th of December, 1S79. He was a chief of the Ngatitipas, and a Native of some note. He was descended through the female line, but the fact of his being the elder man, and an Assessor, gave him the status in the tribe which he held. It was through his interference a short time since that the trig. station in his locality was not permitted to be erected. Hori Kukutai, his nephew, will probably represent the tribe, but, from his mind being affected, he will not have the influence he otherwise would.
Hori Tauroa, a chief of the Ngatiteatas was removed from his office on the 1st of November, 1879 ; leaving two Assessors in this district—Hori Kingi to Whetuki, of Maraetai, and Henare Kaihau, of Waiuku. The salary of the former has been reduced from £10 to £10 per annum.
The Native policemen have been reduced by the resignation of Rapata Tamihana, on the 30th of December, 1879, and the removal of Rimers, Ware, stationed at Waikato Heads, and Hemi Manu, stationed at Waiuku, on the 31st March, 1880—leaving one Native policeman in the district, stationed at Mercer.
The Natives during the past year have, upon the whole, been well-behaved, and no serious crime has been committed by any of the permanent residents. Two Natives have been convicted of larceny, both belonging to the Ngatumahutas—namely, Te Ropiha, who, on the 19th of June, 1875, stole, in this district, two horses, a saddle and bridle. He was arrested by the constable stationed at Mercer some days after the theft, and, on the same day, rescued by Natives who were present when the constable arrested him. He escaped to the King country. In November, 1879, coming into the Township of Alexandra with other Natives, the constable stationed there recognized and arrested him on the above charge. He was brought to Papakura, and committed to take his trial, found guilty, and sentenced to two years' imprisonment. Te Ropiha was convicted of larceny in 1870, and, on that occasion, escaped out of the lock-up at Papakura by tv tearin up the floor of the cell in which he was confined. This Native holds some important office under e'Tawhiao. The other Native convicted of larceny was Mango, te Teko, charged with stealing from Natives engaged in gum-digging : he was
sentenced to one month's imprisonment.
...
![]() |
4.174 186 |
▲back to top |
ness amongst them has, as a matter of course, caused a decrease in crime ; so much so, that during the past year only two convictions in criminal cases have been recorded at the Resident Magistrate's Court at the Thames.
Disposition towards Europeans.—The disposition of the Hauraki Natives towards Europeans is, so far as the loyal Ngatimaru and Ngatipaoa are concerned, all that could be desired ; and the same can be said of Ngatiwhanaunea, at Coromandel, and a portion of the Ngatitamatera, who reside at Ohinmuri and Cabbage Bay, they having done nothing to forfeit the good name that they have now bon for a number of years. But -the same cannot be said of the Ngatihako Tribe, who reside principally on the banks of the Waihou and Piako Rivers. These people, in olden times, were the owners of near all the land in the Ohinemuri District ; but, unfortunately, their rank and possessions did not give them immunity from the attacks of their enemies, and they have, therefore, through successive defea (long before the advent of Europeans), had to succumb to the stronger arms and overwhelming numbers of their adversaries. But although defeated, they were not entirely dispossessed of their territory; and this fact, coupled with their having intermarried with their conquerors, causes them at the present time to take up a social position that they are not entitled to assume, and which is continually being resented by the Ngatitamatera Tribe, who are the present owners of the land originally owned by Ngatihako. Their claims to land are, with few exceptions, successfully opposed in Native Land Courts by Ngatitamatera, and this has caused them to assume a morose and apparently unfriendly attitude to everybody, and especially to the Pakeha. I do not mean that it is to he inferred these people are in the habit of molesting Europeans on any pretence whatever ; but their having to take up a subservient position amongst other tribes in this district—they who were formerly lords and masters of the who: country—is particularly galling to them, and has caused them to eschew not only the Pakeha, but also those Natives who, through having plenty of land to dispose of, are on good terms With their European neighbours ; and, as might be expected of a dissatisfied people, they have fully adopted all the laws and doctrines (religious or otherwise) of king Tawhiao, especially as regards opposition to roads, telegraphs, surveys, and leasing or selling of land, and even to the removing of the snags in the Waiho River, near their settlement, which are at present an obstacle to navigation. They seem to have chosen for themselves a policy of sullen opposition to anything that would further the advancement of the district from a European point of view, and are ready at any time to resent by force, if necessary, any encroachment (whether by Natives or Europeans) upon their self-adopted laws and regulations—instance the shooting at and wounding one of the party engaged iu survcying the Pukehange Block, in August, 1879, merely on the pretext that false boundaries had been given b the Natives who sold the Pukehange Block to the Government, and, therefore, a portion of the land adjoining was being Wrongfully included in the survey—a mere question of dispute which could easily have been settled when the case was brought before the Native Land Court. They have, also since ordered off with threats Europeans who were sent to remove snags from out of the Waihou River. Notwithstanding these bad traits in their character, which, I consider, it behoves me to mention in a report of this kind, they are, if left entirely alone, an unoffending people, and, on account of the rigidity with which they carry out their kingite arid semi-religions principles, are seldom foun offending against our laws, however trivial may be the offence : and I must say that, during the fee days when they were much exercised in mind through one of their relatives being foully murdered at Te Aroha, in February last, their principal chiefs—notably Pineaha to Wharekowhai, and Hoera to Mimiha, of Ngatikoi—behaved remarkably well all through the trying time, and were the first to accede to my request to leave the matter for the law to decide, and it was mainly through their influence and exertions that some of the more turbulent spirits were restrained from taking immediate revenge upon one or two Europeans who were suspected by them of being guilty of the outrage Action of this sort, which shows that, by allowing the matter to be decided by our laws, they have no wish to pick a quarrel with us, is, I think, deserving of praise, and should go a great way toward softening any hard feelings that we may have harboured against them on account of their persistent opposition to our progressive and go-a-head policy, whenever the same has been brought into contact with themselves, or sought to be carried out on land over which they have control.
I will now briefly mention some of. the principal events that have occurred in this district during the last twelve months, and which are likely to influence the Native mind in a greater or less degree.
The first event worthy of note was the sitting of the Native Land Court at Paeroa, Ohinemuri, in June and July last, during which sitting the Native title to the Ohinemuri Gold Field Block wa decided. This hearing alone occupied some five weeks, and representatives from pearly-all the tribe within the Hauraki District, from Cape Colville on the north to Te Aroha on the south, were present. The weather during this time, was very bleak and cold, and two Natives died before the Court wa over, the cause of their death not being, as represented by the Press, through want brought on by the Government refusing to grant supplies of food to the Natives attending Court, but through sickness brought about by the inclemency of the weather, and which they, both being old people, were not abl to withstand. It was well known before the Court sat that a large portion of the freehold of th Ohinemuri Gold Fields Block of 100,000 acres had already been purchased by the Crown, but as such purchase (perfectly legal because of its being behalf of the Crown) was completed before the Nativ ownership to the block was decided, the Natives sheeted their cuteness, if not to say dishonesty, in using their utmost endeavours to prove to the Court that those who had previously sold to the Crown had little or no claim to the block ; in fact, ignoring altogether some who were known to be larg owners. Fortunately, however, their action was exposed and defeated ; so, having failed to embarras the Government so much a they had hoped in that way, they retaliated by crowding, whenever opportunity offered, the Crown of the different blocks with the names of their children, allowing themselves to stand on one side, the result being that there are now about sixty shares in the block
held by minors, who cannot sell or dispose of the same in any way wa whatever; without first going through a great deal of legal form and ceremony, which,. if carried out in its entirety, makes the
purchase of a minor's share in laud almost prohibitive. The Court sat for about two months ; am although disputes waxed hot, both within Court and out, the services of the police were rarely.
![]() |
4.175 187 |
▲back to top |
9 G.-8.
required, and nothing occurred to create any lasting ill-feeling between the Natives and Europeans, each party seeming to be satisfied, after the Court hod broken up, that they had brought their case to a successful issue.
During the time the Court was sitting a fatal accident happened to a Native of some rank named Hohepa to Rauhihi, who was thrown from his horse, and received injuries to his spine that proved fatal in a few days. Hobepa belonged to the Kiriwera section of Ngatitamatera, and was (with Tukukino) a staunch opponent to all roads, railways, and such-like through Native districts. Had his
. influence during the last few years been exerted in favour of, instead of opposing, road-making, he would in all probability be alive at the present time, it being well known that it was to the notoriously bad state of the road (or track), at the place where the accident happened, that the mishap was attributable. Hohepa's people—like most Natives of their class, in proportion as they are opponents to our advancement in their midst, so do they also decline to accept favours at our hands—refused all offers of medical assistance, preferring to let the sufferer take his chance, at best a poor one, with their rough Maori usage, which, as is well known, is seldom successful, that if once in a while (by accident or otherwise) a cure is effected, it bears more the semblance of a miracle than the result of treatment; and the Natives, in the simplicity (and duplicity) of their hearts, extol it as such.
The next event of importance occurred in October last, and was connected with a subject about which the Maori mind is often much agitated, and the firm belief in which it is very hard—I was going to say, impossible—to shake. I refer to makutu, or witchcraft. Some four years ago an elderly Native named Te Pukeroa was accused of causing the death of the great Ngatitamatera chief Te Moananui ; in fact the man (who is really a harmless monomaniac,) confessed that he had exercised the black art, the result of which confession was a threat by Te Moauanui's people to take his life ; and, to show that their rage was genuine, several of them surrounded his house one morning at daylight, and poured a volley into it. I do not think, however, they really meant murder, as they took the precaution the day before to send word to the Thames about their proposed expedition, so that the opportunity was taken to have the old man removed from his house. to a place of safety. But, although saved for the time being, his life was still thought to be in danger ; therefore the Government had him removed for a time to the Chatham Islands, where he had relationss. He, however, after remaining there some time, returned to New Zealand, and, after residing for a short time at Otaki, again turned up at the Thames. His return was the signal for another outburst of injured feelings on the part of the Ngatitamatera, and they again threatened to take his life ; but the old man in the mean time had found friends amongst his own people, the Ngatimaru, and also the Ngatipaoa ; who, now recognising clearly that the man was partly an imbecile, and therefore not responsible for all his actions, considered that his banishment to Chatham Islands was atonement enough for his crime, and therefore let it be pretty generally known that any attempt upon his life would be resented by them. This, at first, looked like causing trouble, but in reality it produced the best possible results ; for now that each saw that the other was determined, they did what many others have done before them—thought it best, now that a difficulty was pending, to consider how to get out of it. The result of which was they forgave the old man (but cautioned him not to do the like again), averted the threatened tribal quarrel, and, metaphorically speaking, a general hand-shaking took place—not on the quiet, or in secret, but in grand style, according to most approved Maori custom. The meeting was held at Ohinemuri, and the Natives from the Thames (with whom was the wizard) were conveyed thither in two war canoes, one steamer, and numerous boats, all the men being armed ; the whole, when they landed and joined with the Ohinemuri people in their war dances, &c., making quite an imposing spectacle. The speeches that were made were very few, being merely expressive of forgiveness on the part of the late Te Moananui's relatives and of peace-making on the part of the others ; an exchange of muskets took place to show that the wrong inflicted was forgiven, and the peace made a genuine one; after which the meeting ended and the Natives returned to their different homes apparently satisfied that, if a long and bloody war had not been brought to an end by their action, at least a threatened catastrophe had been averted.
The next occurrence of note was the satisfactory settlement, by the Hon. Mr. Whitaker, of a long-standing dispute that existed between Mr. Henry Alley (and, previous to him, Mr. McCaskill) and a section of the Ngatipu Natives living at Hikutaia, regarding the ownership of a portion of Mr. Alley's farm—known as Kakaramea—which the Natives strongly asserted was wrongfully included in a Crown grant for land issued to Mr. McCaskill many years ago. This dispute which had, on more than one occasion, nearly resulted in blood-shed, was amicably settled by the Hon. Mr. Whitaker on the 8th October last, after having had one meeting with the Natives at Hikutaia and another at the Thames ; the Natives agreeing to accept two blocks of Government land at Hikutaia, of 250 acres and 100 acres respectively, and in return to vacate the disputed Kakaramea Block, where they were then residing, and resign all claim to the same in favour of Mr. Alley. The settlement of this dispute was looked upon with favour by many Natives in the district other than those concerned, as it had been in existence for so many years, and, although repeated trials had been made to settle it, they had always been unsuccessful— so much so, that the Natives had begun to look upon this dispute, and that with Tukukino about the road at Komata, as a sort of continual running sore that could not be healed.
Following quickly after this event was the discovery of gold at Te Aroha, and upon land that was under promise by the Government to be given to certain Natives for reserves. This necessitated getting their consent before the land could be thrown open for gold-mining ; whereupon the Natives, seeing what they thought was their opportunity (and being wrongly advised by some Europeans), did not hesitate to take advantage of it, and modestly demanded that the Government should first pay them a bonus of £1,000, after which they would agree to their promised reserves being thrown open for gold-mining. This extortionate demand was, of course, out of the question, (especially when it is considered that the Natives were to get for themselves all the miners' rights fees, timber licenses, &c., as well as town rents,) and it was found necessary to discover a way by which to get over the difficulty. This was done by enlisting on the Government side several Natives—including W. H. Taipari, Makena Hou, and others—who, through owning lands within the Thames Gold Field, bad already tasted the sweets of being able to receive Native revenue from the same in the shape of miners' rights fees, &c., at regular intervals. These people were negotiated with, and after the matter had been explained to them, they readily signed the agreement to open the field in so far as their blocks
2—G. 8.
![]() |
4.176 188 |
▲back to top |
G.-8. 10
were concerned. The result of this negotiation was a decided split in the opposition camp, who now - reduced their demand for a bonus to £500. This also was denied them, and as it was now apparent that the bold but necessary stroke of opening the field, whether some of the Natives were willing or not, could be carried out without any real danger, it was decided to do so ; and, acting under instructions from the Hon. Mr. Whitaker, arrangements were made for the opening, which took place by Proclamation, read by Mr. Warden Kenrick from the prospectors' claim, on the 25th November last, much to the surprise and chagrin of some of the dissenting Natives ; who, seeing that this was the first time, for a number of years, that any policy (however necessary for the public good) at which they chose to express disapproval, should be forced upon them, seemed quite taken aback, and unable at first to realize the position. When, however, they found that the opening was accomplished, and their opposition fruitless, they accepted the position, and the following day most of them came in and signed the agreement ; and, in a great many cases, at once took out miners' rights, and went to work pegging out claims with as much zeal as their European brethren. With regard to this Te A.roha Gold Field I am sorry to say that, up to the present time, although a great deal of work has been done by diggers, it has not yet realized the expectations that were entertained of it.
The next notable event that occurred took place at Te Aroha on the 10th February last, and was the foul and brutal murder of a young Native named Himiona Hairs, belonging partly to the Ngatikoi and partly to the Ngatihako Tribes. The murder was committed on the night of the day succeeding the races at Te Aroha, at the distance of less than a quarier of a mile from the township, and close by the side . of the main road leading to Paeroa. Suspicion pointed to a Russian Finn, named Prokoffi, who was last seen in the deceased's company only a short time before.the murder was committed, an who accompanied him along the road in the vicinity of the place where the body was afterwards found. What was supposed by the doctors to be blood, was also found upon the clothes and knife belonging to the Russian, notwithstanding the fact that he had taken the precaution to wash his clothes directly after arriving at his hut, at 12 o'clock at night. Accused was first tried at the Thames, and committed to the Supreme Court at Auckland, where he was acquitted by a jury.
This crime caused great excitement amongst the Maoris, some of whom were engaged in mining operations at Te Aroha. They deserted their claims and massed themselves together, partly through fear, but, principally for the purpose of mourning over the calamity. I visited the ground at once, on receipt of the intelligence of the murder, and found the Natives very unsettled on account of the brutal and ferocious character of the murder ; the murdered man's head having been first beaten in with a stone, and the throat afterwards cut from ear to ear. Notwithstanding, however, the greatness of their pouri, or sadness, I was pleased to find that they were likely to be amenable to reason, and after
e
condoling with them, I impressed upon them the advisability of leaving the matter for the law to decide. As a man had already been arrested on suspicion of the crime, and as an inquest was at that time being held on the body, I had strong arguments in my favour to show that we were anxious to deal with this matter in the same way as if the victim had been one of our own people, and to impress upon them that this was the most advisable course for them to -pursue, assuring them that everything that was possible would be done to discover the murderer and bring him to justice. This, through the influence of their chiefs Pineha te Wharekowhai and Hoera te Mimiha (already referred to), they agreed to do, and also undertook not to do anything in the meantime that might be looked upon as -retaliation for the crime committed: After the inquest they took possession of the body, and conveyed it by boat to the Ngatihako settlement at Okahukura, where, after the usual tangi, it was buried.
Having given the matter over to the law to decide, the fact of the acquittal of the accused Prokoffi is not likely to exercise any bad influence upon them, or to cause much anxiety for future consequences, in so far as their seeking revenge is concerned. But I cannot help thinking that should it not be found possible to bring to justice the person who committed this crime, the Natives, and more especially the Ngatihako and Ngatikoi, should any similar injury be inflicted upon them—whether deliberately, as in the present case, or accidentally, as might occur at any street or publichouse row—will no longer consider the advisability (especially should blood be accidentally shed) of referring the matter for a Law Court to decide ; but are likely, in the beat of passion and with the remembrance of Himiona's death still in their minds, to take revenge, (and that on the spot,) in order to redress what they may consider their wrongs.
The last, though not the least important event that has taken place in this district during the past twelve months, was the visit of the Hon. Mr. Rolleston, Native Minister, to the chief Tukukino, at Te Komata, relative to getting his consent to the making of the road from Hikutaia—where the county road at present ends—to Ohinemuri, passing over the Komata Block, This subject has been so often written about that I need not go into it here, more than to say that at last Tukukino was plainly told that his opposition to what was now an actual necessity must come to an end. It was thought by some that the old man, seeing that he had had an uninterrupted innings of ten years, would now gracefully retire in favour of a new policy, but those who knew him more intimately were not so sanguine, and their idea proved to be the correct one, for, although he was personally waited upon at his own settlement by a Minister of the Crown, he still refused to give his consent to the road being made, asking (as he has often done before), when he has been fairly beaten in argument and cornered for a reply, that he be allowed time to consult his master, king Tawhiao, on the matter. The difference, however, between the ending of this particular meeting and that of previous ones held for the same object., was that Tukukino was plainly told by the Hon. Native Minister that he would give him one week to consider the matter, but that the road would have to be made whether he agreed to it or not ; and, as no reply was received from him during that time, the survey of the road was accordingly commenced by Mr. Kenny, acting under instructions from Mr. Percy Smith, Chief Surveyor, and has been finished without any opposition ; the levels of the same are now being taken preparatory to the commencement of the work of formation. At present Tukukino has shown no sign, though by that it must not be understood that he acquiesces in what is going on. It will shortly be seen whether he intends to bring any, and what, opposition to bear against what is about to be done. It is useless to speculate here as to what this opposition (if any) will be. Suffice it to say that I have every reason to believe that the arrangements that are being made in connection with this matter will be found capable of carrying it out to a successful issue, whatever may be the opposition offered.
![]() |
4.177 189 |
▲back to top |
11 G.-8.
In concluding this report, I must apologize for its great length, but consider that the importance of the events that have occurred in this district during the past year warrant my reporting as fully as
I have done upon them. I have, &c.,
GEORGE T. WILKINSON,
The Under-Secretary, Native Department, Wellington. Native Agent.
NO. 9.
Mr. H. W. BRABANT, R.M., Tauranga, to the UNDER-SECRETARY, Native Department. Native Office, Tauranga, 31st May,1881.
SIR,—
I have the honor to submit, for the information of the Hon. the Native Minister, the following annual report on Native affairs in the districts under my charge.
Tauranga District.
It becomes yearly more difficult to write a report on the condition of the Natives, because, as I stated in my last, there is so little difference in their condition and habits from year to year. The census just taken shows that its population is not materially decreasing ; the Natives have not shown any mortality above the average during the past year: The only death worthy of note is that of Hori Tupaea, the principal chief of the Ngaiterangi, at a good old age. The festivities indulged in by Natives on the occasion of the death of a chief of his note were continued for some months, and are even now commenced anew when any strangers visit the district.
In this district, during the past year, the Native crops have been below the average both in quantity and quality ; the tribes of the western end of the district have from time to time employed themselves in digging gum, while those at the eastern end have earned some money from the County Council in forming portions of the Tauranga and Te Puke Road, on which they are still working. The arranging for this road to go through the various blocks has been a work of much difficulty, and has taken up much of my time, the Natives, contrary to their former practice, having been strongly opposed to its being made unless they were paid for the land taken for the road. They were first, I believe, induced to make this demand from the circumstance of the Government having thought it expedient to pay other tribes for the opening of the Cambridge and Rotorua Road ; the Tauranga Natives, who had hitherto given land for main lines of road through their lands, arguing that if Government paid for one road they should pay for the other. After a great deal of negotiation, an arrangement was made by the Hon. the Native Minister with the Natives that the road should be allowed to go through, provided the work was given to the Native owners at the County Engineer's estimate, and that cultivations really damaged by the road should be fenced.
In this, as in other districts, the Natives show an increased desire to dispose of their surplus lands. When at the commencement of the year the Government ordered that, in addition to my other duties, I should undertake those of Commissioner of Tauranga Lands, I was besieged with applications to investigate the title of nearly the whole of the 70,000 acres now left of the land returned by the Government to the Ngaiterangi Tribe. They are disposed to sell, I believe, nearly all the land which the Commissioner may certify is not requisite for their own support, if Government should think fit to allow them to do so.
I have held up to date about forty sittings of the Commissioner's Court, and the certificates showing the results of these negotiations will shortly be forwarded to your office.
In the Police Court, Tauranga, the number of charges against aboriginal Natives during the past year has been fifteen, of which ten resulted in convictions ; two of the latter were for assaults, two for larceny, and the rest for drunkenness and minor offences ; the return showing a considerable decrease from the previous year. In the Resident Magistrate's Court seventeen cases were tried between Natives and Europeans, but none in which both plaintiff and defendant were Natives. I find that their disputes are generally now settled by their Committee, or referred to the Native Assessor ; they allege that the fees of the Court are too heavy for them to avail themselves of it in petty disputes.
There are now nine boys in the boarding establishment for the sons of chiefs ; these boys attend the European district school, and have made good progress. The teacher informs me that one (Raureti Tanira) will shortly be fit to go up for the Junior Civil Service examination. The Education Department propose, at the request of the Natives, again to establish a Native school in this district. It is to be at Maungatapu, on the east side of the harbour ; a good situation, in my opinion, as there are enough children within easy distance to form a good school if the Natives would combine in the matter and forget their intertribal jealousies ; it was their failure to do so which caused the old school to be closed.
Maketu District.
•
I have visited Ohinemutu and the Lake country once a month during the past year, to hold the Resident Magistrate's Court ; Mr. Bush, R.M., of 'Opotiki, taking that at Maketu. An arrangement has been made by which that gentleman will take Ohinemutu as well, whenever the Tauranga Com. missiooers' Court is sitting.
Unlike those at Tauranga, the Natives of the Maketu and Lake Districts are litigious and give the Magistrates plenty of employment settling their disputes, which are chiefly cases of trespass and disputed ownership of horses and cattle.
At Ohinemutu the principal event during the year has been the Natives giving their consent to Judge Fenton's scheme for laying out and selling a township there. They appear to have gone heartily into the project, and the Court is now sitting to investigate title to the proposed township. The importance of this step will be seen when it is remembered that for years the Natives have persistently
opposed the sitting of a Land Court in the Lake country ; probably it is the thin end of the wedge
which will eventually open their lands to European settlement and enterprise.
I regret to remark the extent to which the Natives of this district now neglect cultivation, depending in a great measure on what they get from tourists and other precarious sources for a living, resulting about this time last year in distress nearly approaching famin. They have, however, shown a disposition
to accept employment on roads. A portion of the road between Maketu and Te Puke has been formed
![]() |
4.178 190 |
▲back to top |
G. T. WILKINSON Esq., to the UNDER–SECRETARY, Native Department.
Native Office, Thames, 17th May, 1882.
SIR,–
In accordance with the request contained in your circular No. 4, of the 12th ultimo, I have the honor to forward herewith my annual report upon the state of the natives in the Hauraki or Thames District.
Condition of the Natives.
The condition of the natives in my district, in so far as concerns their industrial pursuits, education, and social condition, is much the same as when reported on by me last year. The improvement that I spoke of as being then noticeable in connection with agriculture still exists, and is, on account of the reason then given, namely, growing necessity, likely to continue. Their time is, however, for a great part occupied in digging for kauri gum, which takes them away from their homes for a considerable period during the year. This industry still continues a profitable one in this district, and a large number of both Europeans and Maoris as in previous years prefer it to any other kind of employment.
With regard to the education of their children, the natives here seem to place little value upon it, preferring to allow them to remain idle at home, or to accompany their parents when they go on gum digging expeditions in the bush. I believe there are not more than two native children attending the district school, and those not very regularly. I do not think any alteration for the better is likely to take place in this matter until measures are taken by which the parents are held accountable for the regular attendance of their children at school for at least a portion of the year.
The Social condition of the natives here is on the whole good; drunkenness is not at all prevalent amongst them and crime is rare, there having been at the three Resident Magistrates' Courts in this district, namely, Thames, Coromandel, and Ohinemuri, during the past year only four convictions for drunkenness, two for petty larceny, one for assault, and one for breach of the peace. This, I think, considering the large area of the district, namely, from Cape Colville to Te Aroha, speaks well for the character and behaviour of the natives.
General Remarks.
Notwithstanding that as a rule the Hauraki natives are not more lazy than those of other districts, and their social condition, in so far as regards drunkenness and crime, is on a par with or even better than that of others, still they are by no means the unoffending or easy–to–deal–with sort of people that a stranger would be led to suppose. The number of tribes in the district, their different politics, their numerous religious faiths, and last, but not least, their petty jealousies, make them by no means an easy people to manage; so that, taking the district as a whole, it is, if I may use the simile, like a ship which, although not having one large leak that endangers her safety, still has such a number of small ones occasionally bursting out that continued attention is required to keep them stopped. I must, however, say this for these natives, that troublesome as they are through the causes above mentioned there has been no instance during the last two years in which these difficulties, great and small, have not been got over by prompt attention, and the representation of their causes of trouble and complaint to head–quarters.
Since writing my last report, the Somata Road (which I therein referred to as about to be commenced,) has been completed, and communication has now been established from Thames to Paeroa, Ohinemuri, and thence on to Te Aroha. A coach is now running daily to the first–mentioned township. The telegraph line that previously, on account of native opposition, had to branch off at Hikutaia, and be carried from there by an almost impassable route to Katikati, has now been extended to Paeroa, where there is an office, and it is at the present time being continued on to Te Aroha, thereby meeting a much felt want of the Europeans, and numbers also of natives, in those localities.
Tukukino, the old native chief, who so long successfully opposed these signs of progress, has gracefully retired from his obstructive position, and allowed these works to be carried on without opposition. This action of the old man's is, I think, very creditable to him, especially when it is considered that no fee or reward was given to get him to withdraw his opposition, he merely doing so from what may be called "the force of circumstances." That his relinquishment of his former position is genuine, may, I think, be concluded from the fact that during the Hon. the Native Minister's visit to Ohinemuri, in March last, he (Tukukino) asked for a spring cart to enable himself and people to utilize the newly–made road by taking their produce over it to Paeroa Township for sale, which request was granted him. I may remark here that, on the road being completed, or rather before it was really completed, the natives in the district were amongst the first to make use of it, and evidently were quite aware that it was intended pro bono publico, and not for one race only. The same remarks, only in a lesser degree, apply to the telegraph now working at Paeroa.
A considerable number of Hauraki natives attended the King meeting that was held at Hikurangi during the month of April, 1881; but, with the exception of Ngatihako, and some of the Ngatipaoa and Ngatitamatera Tribes, they attended it more out of curiosity and amusement than anything else. During the meeting, a curious instance of the force of example occurred, which may not be uninteresting. As is usual at those meetings, everything that was said and done, both by visitors as well as Tawhiao's own people, was to his acknowledgment and glorification as Maori King, and some of the tribes handed over their lands into his keeping, which meant that roads, railways, and surveys, also sales and leases, were not to be allowed in connection with them. This action rather put the Hauraki delegates into the proverbial "corner," as nearly all their lands are already sold. However, not to be outdone in generosity, they, or some of them, handed over Te Aroha, Moehau, and Waikawau Blocks, within the Hauraki District, to Tawhiao, and thereby relieved their consciences of the fear of being behind–hand with their brother visitors in generosity and admiration for their so–called King. When I state that these three blocks had already been sold and conveyed to the Crown, the grimness of the joke will, I think, be apparent; and it is to be hoped, for the sake of the givers, that Tawhiao was ignorant at the time as to who was the real owner of these lands.
![]() |
4.179 191 |
▲back to top |
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML> <HEAD> <META HTTP-EQUIV="Generator" CONTENT="OmniPage Pro 15 - http://www.scansoft.com"> <META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=UTF-8"></HEAD></HTML>
![]() |
4.180 192 |
▲back to top |
Whangarei and Kaipara—contd.
Hauraki and Coromandell
|
136 |
Mangahui .. .. |
|
137 |
Kakahoroa .. .. |
|
138 |
Otuhi .. .. |
|
139 |
Totara .. .. |
|
140 |
Parish of Mangapai, Lot 54 |
|
141 |
Pakiri No. 2 " " |
|
142 |
„ No. 3 .. .. |
|
143 |
Moehau Nos. IA and IB .. |
|
144 |
„" No. lc .. .. |
|
145 |
" No. lF .. .. |
|
146 |
" No. 1I .. .. |
|
147 |
„ No. 1J .... .. .. |
|
148 |
„ No. 1L .. .. |
|
149 |
No. 1P .. .. |
|
150 |
" No. 3c .. .. |
|
151 |
" No. 3G .. .. |
|
152 |
" No. 3G, No. 1 .. |
|
153 |
Otautu Nos. 1 and 2 .. |
|
154 |
Waikawau .. .. |
|
155 |
Moehau No. 2A .. .. |
|
156 |
" No. 2B .. .. |
|
157 |
Ahirau Nos. 1 and 2 .. |
|
158 |
Paraketo .. .. |
|
159 |
Waikanne No. 1.. .. |
|
160 |
Pukeatun .. .. • |
|
161 |
Kuaotunu No. 1B .. |
|
162 |
" No. 1A .... |
|
163 |
Papatai .. .. .. |
|
164 |
Otaann East .. .. |
|
165 |
" West .. .. |
|
166 |
Tawhitirahi .. .. |
|
167 |
Te Weiti Nos.1,2,3(parts of) |
|
168 |
Kaimarama (part of) .. |
|
169 |
Ounuora No.2 .. .. |
|
170 |
Taranoho .. .. |
|
171 |
Waiwawa .. .. |
|
172 |
Oteao No. 2 .. .. |
|
173 |
" No.3 .. .. |
|
174 |
Rangihau .. .. |
|
175 |
Kapowai .. .. |
|
176 |
Te Tipi .. .. |
|
177 |
Tairua .. .. |
|
178 |
Te karo No.1 .. ..
|
|
179 |
" No. 2 .. .. |
|
180 |
Waiwhakaurunga .. |
|
181 |
Opango.. .. |
|
182 |
Hotoritori .. .. |
|
183 |
Hihi and Piraunui .. .. |
|
184 |
Te Wharau .. .. |
|
185 |
Te Polio No. 2 .. .. |
|
186 |
" No. 3 .. .. |
|
187 |
Karioi No. 2 .. .. |
|
188 |
" No.3 .. .. |
|
1,653 0 0 |
.. |
|
366 0 0 |
.. |
|
150 0 0 |
.. |
|
36 0 0 |
.. |
|
47 0 0 |
.. |
|
9,766 0 0 |
.. |
|
9,766 0 0 |
.. |
|
1,248 0 0 |
.. |
|
992 0 0 |
.. |
|
290 0 0 |
.. |
|
310 0 0 |
.. |
|
10 0 0 |
.. |
|
980 0 0 |
.. |
|
19,350 0 0 |
.. |
|
96 0 0 |
.. |
|
422 0 0 |
.. |
|
140 0 0 |
.. |
|
171 0 0 |
.. |
|
39,144 0 0 |
.. |
|
340 0 0 |
.. |
|
200 0 0 |
.. |
|
1,761 0 0 |
.. |
|
926 0 0 |
... |
|
2,574 0 0 |
.. |
|
239 1 20 |
.. |
|
1,151 0 0 |
.. |
|
1,455 0 0 |
.. |
|
454 0 0 |
.. |
|
1,217 0 0 |
.. |
|
1,298 0 0 |
.. |
|
1,464 0 0 |
.. |
|
5,000 0 0 |
.. |
|
6,700 0 0 |
.. |
|
5,068 0 0 |
.. |
|
3,796 0 0 |
.. |
|
4,642 0 0 |
.. |
|
126 0 0 |
.. |
|
1,340 0 0 |
.. |
|
9,132 0 0 |
.. |
|
8,663 0 0 |
.. |
|
3,940 0 0 |
.. |
|
35,000 0 0 |
.. |
|
1,270 0 0 |
.. |
|
100 0 0 |
.. |
|
14,000 0 0 |
.. |
|
1,000 0 0 |
.. |
|
523 0 0 |
.. |
|
6,755 0 0 |
.. |
|
3,893 0 0 |
.. |
|
189 3 0 |
.. |
|
55 0 0 |
.. |
|
222 0 0 |
.. |
|
339 3 0 |
.. |
|
" .. |
|
" .. |
|
" .. |
|
„ .. |
|
" .. |
|
" .. |
|
James Mackay |
|
" .. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
,, |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
II • • |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
or . . |
|
|
|
Superintendent .. |
|
E. W. Puckey .. |
|
|
|
|
|
|
|
413 91 |
5 01 10 0 |
89 |
11 0 |
594 |
6 0 |
|
41 |
10 0 |
12 |
14 2 |
54 |
4 2 |
|
40 |
0 0 |
|
|
40 |
0 0 |
|
20 |
0 0 |
|
|
20 |
0 0 |
|
2,250 |
0 0 |
402 |
3 3 |
2,652 |
3 3 |
|
19,638 |
8 0 |
3,706 |
|
17 523,345 |
5 5 |
|
171 |
0 0 |
78 |
7 4 |
249 |
7 4 |
|
370 |
0 0 |
49 |
1 6 |
419 |
1 6 |
|
198 |
0 0 |
77 |
11 0 |
275 |
11 0 |
|
295 |
0 0 |
251 |
13 9 |
546 |
13 9 |
|
126 |
0 0 |
0 |
14 0 |
126 |
14 0 |
|
288 347 |
15 0 0 0 |
336 |
13 2 |
972 |
8 2 |
|
69 |
0 0 |
10 |
18 0 |
79 |
18 0 |
|
132 |
0 0 |
27 |
5 4 |
159 |
5 4 |
|
283 |
0 0- |
29 |
2 9 |
312 |
2 9 |
|
173 |
6 10 |
69 |
10 0 |
242 |
16 10 |
|
735 |
0 0 |
91 |
11 3 |
826 |
11 3 |
|
400 |
0 0 |
121 |
10 10 |
521 |
10 10 |
|
510 |
0 0 |
84 |
13 9 |
594 |
13 9 |
|
380 |
0 0 |
66 |
10 7 |
416 |
10 7 |
|
464 |
0 0 |
. |
|
461 |
0 |
|
19 |
0 0 |
1 |
16 0 |
20 |
16 0 |
|
234 |
10 0 |
35 |
0 2 |
269 |
10 2 |
|
785 |
0 0 |
153 |
6 0 |
938 |
6 0 |
|
700 |
0 0 |
148 |
5 8 |
848 |
5 8 |
|
492 |
10 0 |
119 |
10 0 |
612 |
0 0 |
|
2,900 |
0 0 |
649 |
13 0 |
3,549 |
13 0 |
|
100 |
0 0 |
27 |
8 7 |
127 |
8 7 |
|
25 |
0 0 |
5 |
19 7 |
30 |
19 7 |
|
1,588 |
0 0 |
242 |
12 8 |
1,830 |
12 8 |
|
103 |
0 0 |
19 |
18 7 |
122 |
18 7 |
|
100 |
0 0 |
11 |
19 7 |
111 |
19 7 |
|
765 |
0 0 |
115 |
16 11 |
880 |
16 11 |
|
581 |
10 0 |
164 |
10 7 |
746 |
0 7 |
|
47 |
10 0 |
21 |
2 6 |
68 |
12 6 |
|
14 |
3 4 |
10 |
4 0 |
24 |
7 4 |
|
55 84 |
10 18 9 |
} 48 |
9 9 |
188 |
18 6 |
|
|
14 Sept., 1880 1206 7 Feb., 1881 11 |
|
|
|
|
|
14 , „ 1207 7 „ , 11 |
|
|
|
|
|
12 Oct., 1336 17 Nov., 100 |
|
|
|
|
|
14 Nov., 1883 1421 24 Feb., 1884 24 |
|
|
|
|
|
3 May, 1878 1392 28 Aug., 98 |
|
|
|
|
|
8 Feb., 1881 1265 17 Nov., 1881 100 |
|
|
|
|
|
23 June„ 1266 17 „ „ 100 |
|
|
|
|
|
11 Sept., 1878 1075 8 April, 1880 34 |
|
|
|
|
|
11 „ „ 1075 25 July, 1879 78 |
|
|
|
|
|
13 „ „ 1076 8 Apri1,1880 34 |
|
|
|
|
|
1 Dec., 1879 1208 8 „ „ 34 |
|
|
|
|
|
11 Sept., 1878 1077 8 Apil,1880 34 |
16 „ 1113 8 . 34 OrTohetea, |
|
|
|
|
2 , , 1264 7 Feb., 1881 11 |
|
|
|
|
|
13 Sept., 1878 1076 25 July, 1879 78 |
|
|
|
|
|
|
13 ,, ,, 1172 8 April,1880 34 Or Oneroa No. 2. |
|
|
|
|
12 Dec, 1881 1360 30 Mar., 1882 30 .. .. |
|
|
|
|
|
.. .. 5 Aug., 1878 1245 5 June, 1879 60 |
|
|
|
|
|
|
|
|
|
|
|
29 Feb., 1879 1417 10 , 1879 39 |
|
|
|
|
|
27 „ , 1442 7 Feb., 1881 11 |
|
|
|
|
|
24 July, 1874 655 13 Sept., 1877 78 |
|
|
|
|
|
12 Dec., 1881 1361 30 Mar., 1882 30 |
|
|
|
|
|
14 Sept., 1878 1325 25 July, 1879 78 |
|
|
|
|
|
25 Jan., 1879 1080 27 Feb., 24 |
|
|
|
|
|
4 Sept., 1872 252 25 June, 1874 34 |
|
|
|
|
|
2 „ „ 253 25 „ „ 34 |
|
|
|
|
|
31 Dec., 1874 1042 27 Mar., 1870 35 |
|
|
|
|
|
|
3 Nov., 1873 1357 8 April,1880 34 See page 21. |
|
|
|
|
|
27 Aug., 1874 696 10 July, 1879 73 , |
|
|
|
|
21 Feb., 1878 107 10 April, 39 |
|
|
|
|
|
|
3 Sept., 1872 243 25 June, 1874 34 See page 21. |
|
|
|
|
|
0 27 July, 1878 1267 27 Feb., 1879 24 . . |
|
|
|
|
9 Aug., 1049 27 . . 24 |
|
|
|
|
|
2 , . 1047 27 , , 24 |
|
|
|
|
|
|
30 Dec., 1873 656 10 July, ,, 73 See page 21. |
|
|
|
|
|
26 April, 1875 834 10 „ . 73 . . |
|
|
|
|
6 Sept., 1878 1048 27 Feb, , 24 |
|
|
|
|
|
|
7 Dec., 1872 245 25 June, 1874 34 See page 21. |
|
|
|
|
|
17 . , 244 25 , , 34 , . |
|
|
|
|
|
17 Jan., 1873 249 25 „ ,, 34 . . |
|
|
|
|
|
8 Oct., 1874 735 10 July, 1879 73 , , |
|
|
|
24 Aug., 1872 256 .. |
|
|
|
|
|
24 , . 258 .. |
|
|
|
|
|
21 Dee, „ 259 .. |
|
|
|
|
|
|
18 Aug., 1871 836 7 Sept.,1876 49 |
|
|
|
|
|
18 Feb., 1876 955 13 , 1877 78 |
|
|
|
|
|
|
22 Dec., 1881 1363 30 Mar., 1882 30 |
|
|
|
|
21 , 1877 1008 4 July, 1878 65 |
|
|
|
|
|
20 Sept., . 1010 4 . . 65 |
|
|
|
![]() |
4.181 193 |
▲back to top |
RETURN Of LANDS PURCHASED and LEASED, or under NEGOTIATION, in the NORTH ISLAND—continued.
DEED.
District
Remarks.
Through whom
negotiated.
Date.
Total.
AREA.
Number.
Block.
If proclaimed
Waste Lands of the
Crown, Date and
Number of the No
Gazette.
PAYMENTS.
Purchase-
money I Incidental. or Rent.
Purchased. Leased.
|
|
|
A. R. P. |
|
|
£ s. d. |
£ s. d. |
£ s. d. |
|
|
|
|
|
|
189 |
Ipu o Moohau .. .. |
1,245 0 0 |
|
G. T. Wilkinson .. |
468 10 0 |
14 3 4 |
482 13 4 |
16 July, 1884 |
1443 |
7 Aug., 1884 |
89 |
|
|
190 |
Tanutanu .. |
8 2 7 |
.. |
E. W. Puckey |
30 0 0 |
10 0 3 |
40 0 3 |
2 Sept., 1875 |
842 |
4 July, 1878 |
65 |
Tararu Cemetery |
|
191 |
Karaka North No. 2 |
258 2 27 |
|
„ |
258 10 0 |
9 8 0 |
267 18 0 |
30 May, 1879 |
1071 |
10 „ 1879 |
78 |
|
|
192 |
„ No. 3 |
258 2 26 |
|
„ |
258 10 0 |
11 14 0 |
270 4 0 |
3 Nov.„ |
1270 |
8 April,1880 |
34 |
|
|
193 |
„ South No. 2 |
172 0 0 |
.. |
.. |
172 0 0 |
4 16 9 |
176 16 9 |
22 Aug., 1878 |
1044 |
27 Feb., 1879 |
24 |
|
|
194 |
Kaipitopito |
10 2 6 |
|
G. T Wilkinson .. |
316 0 0 |
5 19 7 |
321 19 7 |
22 „ 1882 |
1345 |
30 Mar., 1882 |
30 |
|
|
195 |
Thames Foreshore .. |
482 1 3 |
|
E. W. Puckey .. |
3,147 13 6 |
353 15 2 |
3,501 8 8 |
344 to 377 and |
761 |
.. |
|
|
|
196 |
Waiu .. .. |
8 0 12 |
|
G. T. Wilkinson .. |
125 0 0 |
5 2 0 |
130 2 0 |
7 April, 1880 |
1197 |
7 Feb., 1881 |
11 |
|
|
197 |
Mangakirikiri No. 1 South |
1,277 0 0 |
.. |
James Mackay .. |
160 4 0 |
81 4 0 |
241 8 0 |
15 Oct., 1879 |
1193 |
8 Apri1,1880 |
34 |
See page 21. |
|
198 |
„ No. 2 |
245 0 0 |
|
. |
47 10 0 |
25 16 8 |
73 6 8 |
2 Nov., 1874 |
830 |
10 July, 1879 |
73 |
,, ,, |
|
199 |
,, No. 3 North |
1,079 0 0 |
.. |
„ , .. |
103 0 0 |
81 0 11 |
184 0 11 |
18 „ 1879 |
1194 |
8 Apri1,1880 |
34 |
„ |
|
200 |
Rapaatikiato No 1 .. |
37 2 0 |
|
|
87 0 0 |
16 17 10 |
53 17 10 |
13 Dec., 1881 |
1368 |
30 Mar., 1882 |
30 |
|
|
201 |
Mangarehu .. |
1,766 0 0 |
.. |
|
210 0 0 |
84 12 4 |
244 12 4 |
3 Nov. 1874 |
828 |
10 July, 1879 |
73 |
See page 21. |
|
202 |
„ East .. |
468 0 0 |
.. |
|
49 10 0 |
10 19 0 |
60 9 0 |
26 April, 1875 |
829 |
10 „ . |
73 |
„ „ |
|
203 |
Manginahae .. |
147 0 0 |
|
|
15 0 0 |
17 12 9 |
32 12 9 |
26 May, 1880 |
1356 |
7 Feb., 1881 |
11 |
. |
|
204 |
Mangotahi .. |
273 0 0 |
|
.. |
50 0 0 |
31 14 0 |
81 14 0 |
26 April, 1874 |
831 |
10 July, 1879 |
73 |
|
|
205 |
Owhao (part of) .. . |
272 0 0 |
.. |
|
49 10 0 |
8 1 10 |
57 11 10 |
2 Sept., |
1195 |
8 April, 1880 |
34 |
|
|
206 |
Ahuroa No. lB .. |
313 0 0 |
.. |
. |
133 0 0 |
27 7 10 |
160 7 10 |
22 Dec., 1881 |
1358 |
80 Mar., 1882 |
30 |
|
|
207 |
Owhataroa No. 1 |
327 2 0 |
|
" } |
175 0 0 |
21 9 0 |
196 9 0 |
{ 13 Nov., 1879 |
1243 |
8 April, 1880 |
34 |
|
|
208 |
„ No. 2 |
52 0 0 |
.. |
. |
|
|
|
13 „ , |
1181 |
8 „ „ |
34 |
|
|
209 |
Ruapekapeka, North |
1,050 0 0 |
.. |
|
241 5 0 |
74 7 10 |
315 12 10 |
24 Sept., 1874 |
1196 |
8 ,, „ |
34 |
|
|
210 |
Ohuka .. .. |
1,800 0 0 |
.. |
|
297 0 0 |
37 7 9 |
334 7 9 |
12 |
697 |
28 June 1877 |
58 |
|
|
211 |
Horete No. 1A .. .. |
1,054 0 0 |
.. |
.. |
276 12 0 |
68 13 4 |
345 5 4 |
31 Aug., 1878 |
1225 |
8 April, 1880 |
34 |
|
|
212 |
„ No. 3 .. |
1,459 2 0 |
|
|
314 0 0 |
71 0 4 |
385 0 4 |
12 Dec., 1881 |
1358 |
30 Mar., 1882 |
30 |
|
|
213 |
„ No. 4 .. .. |
33 2 27 |
.. |
|
6 0 0 |
11 14 3 |
17 14 3 |
31 Aug., 1878 |
1046 |
27 Feb., 1879 |
24 |
|
|
214 |
Puketui .. . , |
3,180 0 0 |
.. |
., |
170 0 0 |
56 3 0 |
226 3 0 |
18 Jan., 1875 |
832 |
10 July, . |
78 |
See page 21. |
|
215 |
Wharekawa East No. 1 .. |
10,754 0 0 |
.. |
.. |
683 0 0 |
417 11 5 |
1,100 11 5 |
18 Sept., 1878 |
1045 |
27 Feb., „ |
24 |
„ |
|
216 |
I, No. 3 .. |
5,089 0 0 |
|
|
347 0 0 |
87 19 4 |
434 19 4 |
21 April, 1875 |
833 |
10 July, , |
73 |
, |
|
217 |
Whitipirorua .. .. |
1,245 0 0 |
.. |
. |
172 10 0 |
82 1 1 |
254 11 1 |
18 Dec. |
1043 |
27 Feb., , |
24 |
|
|
218 |
Tautahanga, ., .. |
1,231 0 0 |
.. |
|
307 15 0 |
28 12 4 |
33G 7 4 |
21 April, 1874 |
584 |
27 „ „ |
24 |
|
|
219 |
Omahu .. |
7,056 0 0 |
|
,/ |
1,019 0 0 |
126 12 8 |
1,145 12 8 |
23 Dec., 1872 |
255 |
8 Jan., 1874 |
1 |
See page 21. |
|
220 |
„ West .. |
1,157 0 0 |
.. |
" |
|
|
|
31 . 1874 |
1040 |
27 Mar., 1879 |
35 |
|
|
221 |
, West No. 1 .. |
204 0 0 |
.. |
" |
588 0 0 |
288 12 9 |
876 12 |
6 Nov., |
1192 |
8 Apri1, 1880 |
34 |
|
|
222 |
West No, 2A |
527 0 0 |
|
., |
|
|
|
4 Oct., 1877 |
1189 |
8 „ |
34 |
|
|
223 |
„ West No. 3 |
390 0 35 |
.. |
I, |
|
|
|
31 Dec., 1874 |
1041 |
27 Mar., 1879 |
35 |
|
|
224 225 |
Onetai No. 1 .. .. No. 2e |
1,137 2 0 |
.. |
. 1 |
141 10 0 |
32 14 9 |
174 4 9 |
{ 31 " 13 1881 |
1089 1355 |
27 30 1882 |
35 30 |
|
|
226 |
„ , . Whangamata No. 1 |
175 0 0 8,503 0 0 |
.. |
. ., |
|
|
|
, 13 Jan., 1873 |
248 |
. 8 Jan., 1874 |
1 |
See page 21. |
|
227 |
„ No. 3 |
7,654 0 0 |
.. |
|
|
|
|
11 , „ |
250 |
8 „ „ |
1 |
„ . |
|
228 |
- No. 5 |
5,604 0 0 |
|
|
6,595 0 0 |
17 11 |
7,933 17 11 |
13 „ |
251 |
8 „ |
1 |
. |
|
229 |
ia No. 2 .. |
2,257 0 0 |
.. |
„ |
|
|
|
„ „ |
246 |
8 |
1 |
|
|
2301 |
„ No. 3 .. |
5,16.5 0 0 |
|
,, |
|
|
|
13 . |
247 |
8 . . |
1 |
See page 21, |
![]() |
4.182 194 |
▲back to top |
7 C—2 Hauraki and Coromandel —continues
Waikato
|
231, Waihou West No. 1A |
. |
1,211 |
0 |
0 |
|
.. |
|
|
|
|
|
|
|
|
(18 June, 1880 |
1226 |
7 Feb., 1881 |
11 | ||
|
232 |
No, 2 |
|
279 |
1 |
13 |
|
, „ , |
|
|
|
|
|
|
|
|
13 Sept., 1883 |
1423 |
7 Aug., 1884 |
89 | |
|
233 |
To Tautiti No. 1 |
|
1,621 |
0 |
0 |
|
„ |
|
|
|
|
|
|
|
|
2 , 1878 |
1035 |
27 Mar., 1879 |
35 | |
|
23 |
„ No. 2 |
|
300 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
.. |
|
.. |
| |
|
235 236 |
Te Iringa o Pirori No. 2 Ruahine No. 1 .. |
.. .. |
240 87 |
0 1 |
0 16 |
.. |
|
. |
|
|
|
|
|
|
|
4 May, 1884 18 Dee., 1878 |
1428 1060 |
7 Aug., 1884 27 Mar., 1879 |
84 35 | |
|
23 |
„ No. 2 .. |
|
43 |
2 |
28 |
|
|
4,690 |
5 |
0 |
681 |
9 |
0 |
5,377 |
14 0 |
12 „ 1881 |
1362 |
30 „ 1882 |
30 | |
|
238 |
Ahikope No. 1 .. |
|
282 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
27 Nov., 1878 |
1036 |
27 „ „ |
35 | |
|
239 |
Nihinihi .. |
.. |
548 |
0 |
0 |
.. |
|
|
|
|
|
|
|
|
|
17 June, 1880 |
1227 |
7 Feb., 1881 |
11 | |
|
240 |
Wharekahu |
|
259 |
0 |
0 |
.. |
|
|
|
|
|
|
|
|
|
3 July, 1878 |
1037 |
27 Mar., 1879 |
35 | |
|
241 |
Totarapapa .. |
|
126 |
1 |
|
|
„ |
|
|
|
|
|
|
|
|
1 Oct. |
1038 |
27 „ , |
35 | |
|
242 |
Te Kahamixoi .. |
|
33 |
0 |
0 |
|
. |
|
|
|
|
|
|
|
|
23 April, 1879 |
1301 |
5 June, . |
60 | |
|
243 |
Omotai No. 2.. |
.. |
190 |
0 |
0 |
.. |
, |
|
|
|
|
|
|
|
|
10 Sept., 1878 |
1326 |
8 Apri1,1880 |
34 | |
|
244 |
Ohinemuxi No. 1 |
|
2,336 |
0 |
0 |
.. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
245 |
„ No. 2 |
|
3,641 |
0 |
0 |
|
„ |
|
|
|
|
|
|
|
|
|
|
|
| |
|
246 247 |
„ No. 8 „ No. 4 |
.. |
3,912 5,762 |
0 0 |
0 0 |
.. |
,, |
|
|
|
|
|
|
|
|
|
|
. |
| |
|
248 |
„ No. 5 |
.. |
1,593 |
2 |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
249 |
„ No. 7 |
|
952 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
250 251 |
, No. 8 „ No. |
.. |
6,827 444 |
0 2 |
0 0 |
|
„ |
|
|
|
|
|
|
|
|
|
|
|
| |
|
252 |
„ No. 10 |
|
358 |
0 |
0 |
|
” |
|
|
|
|
|
|
|
|
|
1444 |
|
| |
|
253 254 255 |
, No. 11 „ No. 12 „ No. 13 |
|
213 200 160 |
0 0 0 |
0 0 0 |
.. |
,, „ |
31,640 |
7 |
6 |
3,704 |
11 |
|
1135,244 |
19 5 |
27 June, 1882 |
to 1464 |
7 Aug., 1884 |
89 | |
|
256 257 |
„ No. 14 „ No. 15 |
|
45 9 |
0 2 |
0 16 |
.. |
, „ |
|
|
|
|
|
|
|
|
|
|
|
| |
|
258' |
No. 16 |
.. |
195 |
0 |
0 |
|
„ |
|
|
|
|
|
|
|
|
|
|
|
| |
|
259 |
No. 17 |
|
27,270 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
260 |
No. 18 |
|
2,953 |
0 |
0 |
.. |
„ |
|
|
|
|
|
|
|
|
|
|
|
| |
|
20 |
„ No. 19 |
|
91 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
262 |
Owharoa No. 2 |
|
1,859 |
0 |
0 |
|
„ |
|
|
|
|
|
|
|
|
|
|
|
| |
|
263, |
" No.3 3 |
|
220 |
2 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
264 |
Ohinemuri No. 5A |
|
102 |
0 |
0 |
.. |
G. T. Wilkinson .. 30 |
12 |
0 |
2 |
0 |
0 |
32 |
12 0 |
9 July, 1883 |
1465 |
7 „ „ |
89 | ||
|
265' |
„ No. 9A. |
|
55 |
2 |
0 |
.. |
, .. 16 |
13 |
0 |
2 |
0 |
0 |
18 |
13 0 |
1 Feb. |
1466 |
7 „ |
89 | ||
|
26G |
" No. 14A |
|
5 |
0 |
0 |
|
.. „ 2 |
0 |
0 |
4 |
1 |
0 |
6 |
1 0 |
23 May, 1884 |
1467 |
7 „ |
89 | ||
|
207 |
„ No.15 15A. |
|
0 |
1 |
24 |
.. |
0 |
9 |
0 |
4 |
1 |
0 |
4 |
10 0 |
9 April, „ |
1468 |
7 ,, „ |
89 | ||
|
208 |
„ No. 18A. |
|
118 |
0 |
0 |
|
37 |
14 |
0 |
4 |
1 |
0 |
41 |
15 0 |
21„ |
1469 |
7 „ |
89 | ||
|
209, |
Te Aroha West .. |
|
22,467 |
0 |
0 |
|
James Mackay |
|
|
|
|
|
|
|
|
24 Aug., 1878 |
1302 |
10 July, 1879 |
93 | |
|
270 |
„ East .. ' |
|
22,726 |
0 |
0 |
., |
„ |
18,517 |
9 |
10 |
3,745 |
17 |
022,263 |
6 10 |
24 „ „ |
1302 |
25 Sept., „ |
100 | ||
|
271 |
Manawaru Reserve |
.. |
616 |
0 |
0 |
.. |
|
|
|
|
|
|
|
|
15 Nov., 1879 |
1198 |
8 April, 1880 |
84 | ||
|
272 |
Piako and |
Waitoa |
|
2,399 |
0 |
0 |
.. |
E. W. Puckey 675 |
0 |
0 |
1 |
3 |
3 676 |
3 3 |
28 „ 1872 |
269 |
|
.. | ||
|
273 |
Waitoa; old |
Piako |
|
19,500 |
0 |
|
|
,, |
|
|
|
|
|
|
|
|
|
| ||
|
27 |
purchases |
Mohonui |
|
2,580 |
0 |
0 |
|
„ 200 |
0 |
0 |
1 |
3 |
3 201 |
3 3 |
29 , „ |
270 |
|
.. | ||
|
275 |
\_5, o |
To Hina |
|
500 |
0 |
0 |
.. |
" |
|
|
|
|
|
|
|
|
|
| ||
|
276 277 |
|
Te Waimaro To Hotu |
.. |
800 50 |
0 0 |
0 |
.. |
. .. 35 13 |
0 0 |
0 0 |
1 1 |
3 3 |
3 36 3 14 |
3 3 3 3 |
7 Dec., „ 29 Nov., „ |
268 267 |
|
| ||
|
278 |
Lot 327, Pirongia |
|
566 |
0 |
0 |
.. |
R. S. Bush 250 |
0 |
0 |
.. |
|
250 |
0 0 |
4 June, 1874 |
763 |
28 Nov., 1878 |
119 | |||
|
279 279 |
Pokaewhenua. .. |
|
6,520 |
0 |
0 |
.. |
James Mackay |
|
|
|
|
|
|
|
|
1215 |
|
| ||
|
280 |
Huihuitaho, |
.. |
3,875 |
0 |
|
.. |
„ |
7,231 |
19 |
7 |
3,693 |
0 |
810,025 |
0 3 |
8 Mar„ 1881 |
and |
16 June,1881 |
47 | ||
|
281 |
Tokoroa.. .. |
|
17,865 |
0 |
0 |
|
, |
|
|
|
|
|
|
|
|
1216 |
|
| ||
|
Plus old payments, £435. |
|
,, „ £1,903. |
|
£65. |
![]() |
4.183 195 |
▲back to top |
30
The Hon. Mr. BALLANCE met the MAORIS of the HAURAKI DISTRICT at Parawai, on the 11th
February, 1885.
The Maoris welcomed the Minister by singing a waiata, and with the usual speeches.
Mr. Ballance, in responding to the welcome, said : I thank you for the welcome which you have given me to-day. I reciprocate the sentiment of the last speaker that the two races are one, and that they are brought to each other more and more every day in those things which make a united people. The question of language is nothing, and will be cured in time; as your young people are educated in the public schools of the colony they will grow up to speak the same language as the majority of the people of this colony. I was particularly pleased with the way in which I was received—in the singing of a hymn. I venture to think that no Minister of the Crown has ever been paid such a compliment before, for I am informed that the name of every member of the present Government was included in that hymn. It was a compliment intended on the part of the poet, and was well sustained by our friends the choir who sung the hymn on this occasion. I can assure you that that is a compliment that I am never likely to forget. One speaker has referred to the question of. roads and to grievances. I will not go into matters of business to-day—those questions will be discussed to-morrow, when we have plenty of time; but I should just like to say this on the present occasion : that roads are necessary for the civilization of both the European and the Native, and I hope it will be made clear to your minds that it is not contrary to your best interests that roads should be made through the country. The particular grievances which have been referred to we will discuss on another occasion. I was particularly pleased to meet my old friend, Hoani Nahe, on the present occasion. We have sat in Parliament together. I will venture to say that no Native representative has ever been more,faithful or more active in the discharge of his duties, and I regret exceedingly that he is no longer a member of the Legislature. This is the first occasion on which I have visited the Thames. I have often heard of the loyalty of the Native people of the Thames, and I am sure that the one or two occasions on which wrong has been done—on which lives have been lost—are exceptions to the general rule, and do not affect the loyalty of the people as a whole. I say, in reference to that subject, that there is no occasion for violence; that the laws of the colony are ample to redress all grievances, and I bring you this message : that, as far as I am concerned, I am willing to discuss all questions of difference between us with the view of arriving at a just solution of all grievances that may exist. I am glad to meet you all on the present occasion, and wish you all the happiness that may be in store for you. You must all have derived great advantages from the stores of wealth which have been produced from the soil in this part of the country. You must recognize that the advent of the Europeans in this part of the country has brought you all much wealth and much happiness. I am perfectly sure that nothing will arise in the future to disturb the contentment which at present prevails. Once again I thank you for the welcome which you have given me.
NOTES of an INTERVIEW between the Hon. Mr. BALLANCE and the THAMES NATIVE COMMITTEE,
12th February, 1885.
Mr. Ballance : I have great pleasure in meeting the Native Committee of the Hauraki District. The Committee are charged with certain duties and some responsibility, and I recognize the great importance of the Committee in looking after the interests of the people. The Committee may do a great deal of good in curing abuses, remedying grievances, and seeing that no one is injured. I propose, with regard to the surveys, which is a very important thing, surveys of land intended to be passed through the Native Land Court, to have copies of all applications for surveys sent to the Chairman of the Native Committee, so that no case will be brought secretly before the Court without the Committee knowing. I would like the Chairman to represent to the Government the grievances of the people in his own district, and that matters affecting the people should be brought before the Committee, so that they might be transmitted to the Government through the Chairman. With regard to the hearing of civil cases, I propose that they should have jurisdiction up to a certain amount ; but that agreement shall not be required before the case is brought before the Committee : that, if one Native sues another for a small debt, he shall be compelled to bring it before the Committee, and the Committee shall decide upon it. There is one objection, that is, it is sometimes difficult to get the whole of the Committee together. It might be desirable that the Chairman and two or three members of the Committee should be appointed to sit upon these cases. Of course there would be no objection to the whole of the Committee-sitting, but that would be in cases where it would be inconvenient for the whole of them to come together. I would like the Committee to report also upon cases which are going before the Native Land Court. It is the intention of the Government next session to bring in a Bill to deal with Native Lands. We propose that, when the owners of a block of land have been found out by the Native Committee, that a Committee shall be appointed from those owners of, say, seven members, and that that Committee shall have the power of dealing with the land in the block where there are numerous owners, that is to say, if there are more than twenty owners. That Committee is different from this Committee. Then we shall have a Board appointed for a district, to sell or lease the land. We intend that the Board shall consist of three members, one European, to be appoinded by the Governor, the Chairman of the District Committee, and one Native, to be nominated by the Governor. When the local Committee shall wish to sell or lease a portion of their block, they will apply to the Board ; and then the Committee would arrange with the Board for the cost of surveys and for roads ; and then the Board would proceed to dispose of the land in accordance with the wishes of the Committee. If the majority of the owners of the block objected to the action of the Committee they might, by petition, stop the action of the Committee, and the Committee would have no power to proceed any further. This will give the people power to deal with their own lands, the Government acting as mediator and assisting the Natives, but giving the people them-
![]() |
4.184 196 |
▲back to top |
31
selves the right to say what shall be done with their own lands. Then, the land shall be disposed of in accordance with the land laws of the colony. For instance, land will not be allowed to be sold in large blocks if it is agricultural land. There will be a limit placed on the size of the blocks, in order that there may be a large population placed on the land. The Government think that they have a right, for the good of both races, to prevent what is called " land monopoly for the few;" and therefore the laud shall be cut up into the smallest areas suitable for settlement. That is the limitation which the Government put upon the powers of the Committees and of the people.
Hoani Nahe (Chairman of the Committee) : said that he was pleased and satisfied with what the Native Minister had said. He said that the Committee wished that, before the Bill referred to by Mr. Ballance was brought in, it should be circulated amongst the Natives. They were very pleased to hear that they were to be allowed to manage their lands themselves. It was his opinion that, if the preliminary investigation of land were gone into by the Native Committee, it would be much easier for the Native Land Court, and thereby the Maoris would be relieved of the expenses they were now put to in attending Court and paying Court fees, &c. The Committee had great Objection to the action of the Native Land Court in charging fees. They had heard that the Natives of the Arawa had got licenses to purchase guns and ammunition, and they had heard that the reason the Arawas were so anxious to get guns was to avenge the murder of Kereopa, who was murdered by Natives some time ago. That was why they sent a notice concerning this matter to the
newspaper, and also one to Mr. Wilkinson. They suggest that applications from the Arawas to purchase guns should be referred to the Native Committee. He asked whether it would be advisable for the Hauraki Committee to deal with matters in the Waikato and vice versa. Hoani Nahe then read some of the minutes at the last meeting of the Committee, one of which was where they wished to
get some revenue to carry on their work and pay for stationery, and also with reference to the
payment of the clerk and Chairman of the Committee. It was proposed that the Chairman should
be allowed to frank letters on public service, also that the Committee should have power to
issue summonses to bring anybody before it. If an amending Act to the Native Committees Act were passed there ought to be a clause inserted so that, whenever a person falls out of the Committee,
there should be the power to elect another in his place.
Tamati Paipa spoke with reference to a dispute that existed between himself and. Mr. Alley about the boundary–line of Hikutaia No. 1. He stated that Sir F. Whitaker promised to settle the Several surveyers had been to survey the line.
Mr. Balance said it was understood in the Native Department that Sir F. Whitaker had bettled the whole dispute.
Tamati Paipa said that the boundary–line of Hikutaia No. 1 had not been settled. Hikutaia No. I was surveyed and went through the' Court, and was subdivided, some years ago, some of the land going to the Government, and some being left as Native Reserves.
Mr. Ballance : I am very much pleased at the business–like way in which the Chairman, Hoani Nahe, has brought before me the several matters relating to the Committee. It shows that ey have given a considerable amount of attention to the duties pertaining to the office, and it has
confirmed me in the opinion that the Committees are calculated to materially assist in the administration of the law in matters relating to their own people. I will now deal with the various questions that have been brought forward, one by one. It is quite right that copies of Bills relating to the Native race should be extensively circulated amongst them before being introduced the Legislature, and I purpose sending to the Chairmen of the different Native Committees copies of the Bills which we intend to introduce into the House next session—that is to say, copies of the more important measures, for sometimes there are Bills brought in with very short notice, and we might not have time to circulate those Bills amongst the people. Those are Bills, generally, of importance, and all the principal Bills I shall have circulated amongst them. I agree that the Committees may materially assist the Land Court in inquiring into cases and making the preliminary investigation required of them by the present Act. The Government have long been of opinion that the expenses of the Native Land Court are too great, and various measures have been
taken for the purpose of reducing them. I think the action of the Committees themselves may
lead to the reduction of those expenses. I feel myself shocked and disgusted at the enormous
expenses attending the passing of some blocks through the Native Land Court, for it is a notorious
fact that some of the blocks have been entirely eaten up by the expenses of lawyers and agents,
and in various other ways, the Natives deriving no benefit whatever from the sale of their lands, while their lands have gone from them for ever. The object of the Government is to remedy these shings. I heard what Hoani Nahe said about the Arawas trying to obtain licenses for guns and ammunition for the purpose of making war upon some neighbouring tribe. I confess that I was very much surprised at that statement, for I was under the impression that the Arawas shemselves were exceedingly loyal people, and I cannot now suppose that that feeling of revenge or retaliation is general amongst them, or that there is any general desire to shed blood. Perhaps
what Hoani Nahe refers to is the desire of a few men, but very few. The Arawas know that
Kereopa was justly punished according, to law for the great crime he had committed, taking the life
of the Rev. Mr. Volckner ; and I believe that the Arawas themselves as a body are perfectly atisfied with the course that the law took in that case ; but I am very much obliged to Hoani for mentioning the matter, and I am quite sure that Mr. Kenrick will be cautious in issuing censes, making due inquiry into the character of the people who apply for them. I also
greee with the suggestion made by Hoani Nahe that Mr. Kenrick, when there is any doubt in
mind, should take the advice of the Native Committee. Reference has been made to a
delicate matter, viz., the Committee of one district interfering in another district. You see yourselves that, if the Committee of one district interferes in another district, it would lead a great deal of jealousy, and might lead to trouble ; but it might be desirable in some cases, matters affected both districts, or where the people of one district were affected by
![]() |
4.185 197 |
▲back to top |
G.-1.
32
the action of both Committees, that the Chairmen of the two Committees should meet together and discuss the matter amongst themselves in a friendly manner. In that way they might be able to remove the difficulty. The matter of the expenses of the Committee is one that I am now considering. I have already given instructions that the stationery to be used by the Committee for purely Committee purposes, be supplied by the Government free of any charge. With regard to the revenue of the Committee for general purposes, that is now under consideration, and I shall not be long before coming to a decision. As to the right of the Chairman to frank letters, I shall bring that before the Postmaster-General and consult him upon the point. With regard to the right of the Committee to issue summonses, the Act gives them power now only to deal with civil cases, and not with criminal. I am very doubtful whether the time has come for the Committee to deal with criminal cases. I think the ordinary Courts should continue to do that work. What I referred to in giving the Committee larger powers to deal with small debt cases was to give them there larger power, and, if possible, to increase the amount for which they can sue. I quite agree with what Hoani Nahe said about filling up the vacancies caused by members falling out of the Committee. That is a power possessed by all local bodies, with the exception of the Committees, and shall be one of the provisions in the Bill—that when a member falls out there shall be the right of re-election immediately. I now have touched upon all the different questions brought forward by the Committee, and I shall just say, in conclusion, with regard to what has been said by Tamati with regard to Hikutaia Block, that I am not acquainted with all the facts, but I shall make inquiry into them, and I hope the affair can be arranged without much trouble. I trust the Committee will themselves assist in getting the matter brought to an amicable conclusion.
NOTES of a MEETING held at PARAWAI, Thames, on the 12th February, 1885, between the Hon. Mr.
BALLANCE and the HAURAKI NATIVES.
Hapi Rewi said : The first question is regarding Somata (Te Puke Block at Ohinemuri), a block that was purchased wrongfully by Mr. Thorpe. That portion of land is where the steamer at present lands passengers and goods. Tukukino owns that piece of land, and he is asserting his ownership. He built a fence on his land, which was agreed to by Mr. Mackay. It overlaps Mr. Thorpe's boundary. He built a fence to show that that piece had been taken wrongfully, and I wish to draw the attention of the Native Minister to the fact that it has wrongfully come into Mr. Thorpe's possession. Other disputes have been settled, and the Natives at Hikutaia have got their lands back; but this piece has not been settled yet. Tukukino still persists in his claim to it. Another matter is in connection with Mackaytown. It is four years since it was leased. It was exempted from the gold field. The main portion of the land .in that district has been bought by the Government, but a portion has been retained by the Maoris. Now, we consider that we own Mackaytown, and as it has been leased for four years, we consider that the Government should pay us the rent. There are twenty-two shareholders who have not signed, and they want to get their proportion. The difficulty is, that the interests have not been subdivided yet, as it is not known which is the Government's and which is the Natives'. The third matter is, the tapu-places on the Owharoa Block. Lots of applications have been made for these, but they have never been agreed to. Another matter is that the reserves that were fixed at Waihi are useless, because they are on the mountain and cannot be cultivated, and I ask you to exchange them for some lands on the flat, where we can make use of them. These lands will do for Europeans who have cattle or sheep ; but, as we have no cattle; we want lands that we can cultivate. Another matter is the tramway at Waihi Gold Fields. I do not know why the revenue Worn that is not paid to the Maoris. There was fifty acres put on one side- for us, but there is no timber on it at all. We want that substituted for a piece within the Ohinemuri No. 7 Block, on which there is some firewood and some timber. If it is given to us within Ohinemuri No. 7, we can then get a supply of fencing and other timber. There is a road over the portion that we want, but the bridge is broken at present ; but the Europeans are going to repair it. There is a piece called Marutatai, at Te Aroha, promised to us, but it was not carried out. That is all I have got for you. I will keep some back for some other Minister. When you reply will you commence with Tukukino? Whatever matters you agree to we want in writing.
liaora Tareranui: I am going to talk to you about the troubles of the Ngatitamatera, the tribe living at Ohinemuri. One of our troubles is connected with our reserves in the Waikawau Block. A portion of that Waikawau Block was awarded to the Government. It was sold to the Government : a portion was returned to the Maoris. After the awards were made in favour of the Maoris for the reserves, the Maoris had to pay for the surveys of them. I ask that you will do away with those claims for payment by the Natives for the surveys of the reserves, and that the Crown grants be ordered to issue to the Natives. There was one. block called Waiaro which was not included in the Government survey, and we were called upon to pay for it. The Government Agent, when the land went through the Court, told the Natives that the Government would pay for all the surveys. The Government Agent was Mr. James Mackay. It was a verbal statement. It was seeing that certain reserves had been made in other places, and the Natives had not been charged for them, and it was promised that they would not be charged for the surveys in this block. With regard to the surveys in the Waikawau Block, I ask that the Crown grant should issue. Another application that we make to you is, that the Native owners of the reserve should have power to grant leases to the Europeans who wish to occupy them. Another application of ours is concerning the Native reserves in the Ohinemuri Block ; when the reserves were marked off by the Native Land Court it was on the map ; we considered that they were not in the exact positions that they would turn out to be when they came to be surveyed. We asked that, when the surveyor went on the ground, one of our people should go with him and point out the tapus, &c. ; but, when the surveys took Place, we were not informed of it. We discovered afterwards that the reserves had been made in
![]() |
4.186 198 |
▲back to top |
33 G.-1.
different places to where we intended. All these matters are in Mr. Smith's Survey Department, and he can explain about them. I wish that you would consider the matter so as to have it set right. One of the reserves is put on the edge of the boundary of the gold fields. The reason why it was put there was that there was some firewood. When the survey of the reserve was finished, it was found that it did not include the firewood at all, and now we cannot get this timber that we We want you to try and have the matter set right for us. I ask that the Crown grants of the reserves in the Ohinemuri Block shall issue to us. Now I will cease to talk about those matters ; I will refer to the roads. There is one road that goes to Tauranga ; it goes through Te Paeroa Township. There is a Native settlement of twenty acres in that locality ; there is also some European land in that locality. Within the twenty acres of the Maori block is a sacred place ; there were some bodies buried there a long time ago, and it is still used as a burial-ground ; a portion of .it is precipitous. The Council have determined to run a road right through the Native cultivations. The Maoris say, " No; it should not be so, because you take land from us that is available for cultivation." The Council say, " We want to do it in order to make the road straight." Now, there is an European block close to it ; the road goes over it, but the road is bent, and the Council never attempted there to straighten it ; but over this Maori land they straighten it by taking it through the land. The portion where the road goes over the Maori land is called " Te Pure-o-te Rangi." Beyond that twenty-acre block is another settlement of the Natives, about three or four acres, and the road goes right through it and takes it nearly all away ; and I ask you to give some consideration to this matter. I bring this before you because the Maoris are very incapable of doing any work for their living : the Maori means of support is being able to cultivate potatoes and other
food for themselves. If this twenty-acre block is spoiled by the road, and also the four-acre block,
where is the land on which the Maoris are to cultivate ? The Natives do not agree that the roads
shonld. be opened there. There is another road that leads from Paeroa to Te Aroha—that is, the new
they are laying off. They have run it right through the centre of the native lands : as soon as ever
came to a block owned by Europeans, they turned it off directly and ran it through a Native
block—they avoided the European block. When they got to a piece owned by Mr. Bennett, they
took only a very small portion indeed off it. As soon as they crossed the river, directly on the other
side was a Native block of land all under cultivation, and they ran it right through that. This
block on the other side of the river is about three acres, and the road goes right through it. The present road that goes to Te Aroha goes over the block called " Te Rawhitiroa," and this new road as now laid. parallel with it.
[A map was then produced by Mr. Cheal, District Surveyor, who explained the position of the
road in question.]
Mr. Ballance said that a deviation of the road should be made to suit the Natives; and, in futuure, surveyors would be instructed to take the road with the least possible injury to the Native cultivations.
Tareranui continued : Another matter is, that we want to have a pound erected. The why we ask for a pound is that we can see plainly that there will soon be trouble on account of the absence of a pound. The Europeans' cattle are running over our land and breaking into our
and as soon as they break through the fences they get into the cultivations and destroy all he food. We have disputes with the Europeans about these matters, but because we obey the law edo not come to blows over it. Some time ago the Europeans wanted a pound in Paeroa, and was built, but it was never authorized. The Maoris consider that the reason the pound was
given effect to was, because the Europeans saw that they had very little land to run their
cattle on, and they would have to run them on the Maori land, and they would not have the pound,
as it might be used for their own cattle. If you were to send anybody up there you would most find that the cattle will have broken into the settlements and have eaten the food. The aces are built in the same way as the European fences, but the European cattle get in; therefore,
we ask that you will authorize a pound to be erected there. If you authorize a pound to be erected here, anything that is impounded should be advertised both in English and Maori : the reason this is, that pakehas are not the only owners of cattle, and Maories would like to know if any their own stock get impounded. It has been seen that Maoris lost their horses altogether by them impounded here : they did not know anything about it, and their horses were sold.
is a personal matter of my own : Some time ago I made a claim for compensation on account
land during Sir Donald McLean's time. Sir Donald McLean said to me, " Let it be till I go to
aikato, and if I hear from the Waikato chiefs that you have any claim to the land you shall have compensation." After Sir Donald McLean's death a meeting took place at Cambridge; that was in 1876 ; Dr. Pollen was there as Native Minister. Dr. Pollen said at that meeting, that everything
that Sir Donald McLean had promised he would carry out; but we were to meet him in the school-
house and lay our matters of complaint before him there. I went over to this schoolhouse, and, in midst of the chiefs of Waikato and Ngatihaua and some others that were there, I said openly to
" Here is the word that Sir Donald McLean said to me. He promised me that when he got
waikato he would inquire if I had any claims to Waikato lands. He told me that if the Waikato agreed that I had any claim to Waikato lands he would give me some compensation for the of them ;" and when I made this statement all the chiefs that were in the schoolhouse at the
acknowledged that I had claims. Dr. Pollen then asked me who was present at the time Sir McLean made this promise. I said Mr. Puckey was ; and Dr. Pollen said, "I will refer matter to Mr. Puckey." After I came back I saw Mr. Puckey, and we sent numerous letters
Premier. Subsequent to that, I do not remember the year, Sir F. Whitaker came to Grahamsand Mr. Puckey and myself saw him about it. Sir F. Whitaker said to me, "Have you not any land ?" I replied to him by saying, " Because I have land here should I lose land that I in the Waikato?" After that Mr. Sheehan was Native Minister. I went to Cambridge—I for-the year—and I told Mr. Sheehan all about this matter. He told me that after he had been to
and returned to Cambridge, then he would settle it. He went to Auckland, but I did not
5—G. 1.
![]() |
4.187 199 |
▲back to top |
G.—1.
34
see him after that up to the time that he went out of office. After that I saw Mr. Bryce; it was in 1882, in the month of January. I laid the matter before him at Ohinemuri, and he told me that he would let it stand over till he got to Wellington. After he got to Wellington I waited to hear front him. After a long delay I wrote a letter to Mr. Wilkinson, saying that I was waiting for Mr. Bryce's reply. Mr. Wilkinson sent that letter to Mr. Bryce, and Mr. Bryce replied. There is a statement in that letter that Mr. Bryce will go into it when he comes north. When I heard that he had arrived in Auckland I went to see him, but he would have nothing to say to me. I saw in Hansard a statement by Mr. Bryce that all applications for compensation for Waikato lands should not be considered. Therefore I consider that Mr. Bryce has dealt treacherously with me. Therefore I apply to you to give effect to my application. The writings in connection with it are in Mr. Wilkinson's possession, or in somebody else's.
Hapi Rewi said that he had forgotten to mention that there was another tapu, on the Ohinemuri No. 7 Block. It has been through the Court ; five acres was laid off for the tapu. A sawmill has been erected on this tapu.
Tukukino said he would commence from the time of Sir Donald McLean. Sir Donald McLean said to him, " I will leave the land to you and to Te Him; all I want is the gold—that is for Europeans. If they do not find any gold they go away. All they want to do is to go and search for it. If there is any they will remain and dig." The reason he was in opposition to the Government was on account of land. That is why he obstructed in those days. The Government showed him no consideration when he at last gave up to Mr. Wilkinson. My application to you now is that the place where my ancestors are buried should be given back to me ; that place is where the steamer lands on the bank of the river. What I would like would be to have the portion given to
me from where the steamer goes on shore to the Komata River. You are the Minister for the Natives, that is why I speak to you about this matter. If you will agree to that will you put it in writing ? All I ask for is ten acres there. There is another matter I want to speak about—namely, the European who is living near me. At last I find out how bad an European can be. Had it not been that I [addressing Mr. Wilkinson] considered the way you and I had arranged matters we should have come to blows. The pakeha's name is White. This European killed all my pigs without any reason, but I instructed my people not to molest him because it had been said that if any trouble were to occur in Hauraki Tukukino would be the cause of it. [Tukukino thought that trouble of that sort should be done away with and that the European should be done away with. Tukukino then referred to the timber within the gold fields, at a place called Waitekauri, and said he had a promise from Sir Donald McLean that it should be left for him personally, and he still holds to his claim, as he has never received payment for it, and the timber on the land here has all been paid for and cut ; but the timber in the Ohinemuri Block, extending as far as Hikutaia, has never been paid for. He, asks that the Government should give him payment for it. It is at a place called Waitekauri, at Ohinemuri. Maritoto is close to it. He includes them both in his remarks. He has often referred to this matter before, and will persist in his claim until he gets some satisfaction. Another matter refers to the stones in the Komata Creek. The Europeans take them out of the creek without giving any recompense for them. When they first commenced to take the stones they took them from the land owned by Te Moananui, and they (Europeans and Maoris) quarrelled about it. They assaulted each other, and the Natives took the stones that the Europeans had got in a cart, and threw them all out. The owner of the stones did not arrange with the Europeans about them, but some other people took upon themselves to make the arrangement. After they had made this arrangement they took payment on account.]
Haora Tareranui said that he would explain what Tukukino meant. These lands are not passed through the Court ; the arrangement was made by some Natives who professed to have a claim to he land. Moananui said that had the land been through the Court it would have been all right for the people who claimed it to sell the stones. So the interpreter was told that they should go and buy stones from land which had been through the Court and of which the owners are known. The stones were wrongfully purchased, extending up to a place called Kurere, which is not through the Court. The trouble is that some Maoris give up the stones and others refuse to do so. The arrangement that he (Haora) wants to make is, that the contractors should get the stones and not pay any of the purchase-money, but an arrangement should be made between the people who sell the stones and the people who do not want to sell them that the money should be paid into the bank. The interpreter got some friends on the part of those who wanted to take money for the stones, and they arranged it by taking money on account. The reason Tukukino referred to it was because he was afraid that the principle should continue to be in existence. At the time of the quarrel with the Europeans Mr. William Nicholls, the interpreter, said there was no law about the matter at all. Here a Native said to Nicholls, " If there is no law about it I can shoot you, and there will be no trouble about it."
Mr. Ballance : I have heard the speeches which you have all made upon a great number of subjects to-day. You have gone into a great many matters of detail with regard to roads and reserves. Many of these details are not known to me, and will require that they should be carefully inquired into before any decision is arrived at. The first speaker referred to Komata, which is held under Crown grant. He must be aware that a Crown grant cannot be easily disturbed; in fact, it cannot be disturbed at all. Tukukino claims to have some right to the land on the ground that it is a tapu, or sacred place. Why was the land sold in the first instance ; and why did he sot put in his claim at the time? However, that shall not prevent inquiry for the purpose of ascertaining whether Tukukino has any just claim to the land. I am sorry to hear that Tukukino cannot
live on friendly terms with his neighbour, and that he has met with the worst European in the land. Tukukino may be slightly prejudiced in this case, and has measured the badness of the man by the strength of his own convictions and claims. I am glad, however, to hear that Tukukino did not fight the European when ho threatened him. In that instance the Maori showed himself
much superior to the pakeha ; and I admire Tukukino greatly for his forbearance, for that is
![]() |
4.188 200 |
▲back to top |
A.—No. 19 12 CORRESPONDENCE RELATIVE TO OHINEMURI,
matter over carefully ; as it is, there is neither life for you nor us. Think it over, look iuto it, do it. This land is Hauraki, these people are of Hauraki—do it, be not ashamed. You will not be laughed at I will be your keeper. No harm will befall you. You will hear more at the great meeting which will take place shortly. There Te Hira, and I will stand together in the midst of the great meeting and
have a little talk."
Reihana : " Welcome, my parent, we can see as well as you, and can understand as well as you. You belong to Hauraki. So do I. We are not forgetful of the words of Hauraki, they are lasting. There will be no occasion for me to search long for an answer to what you will say."
Moananui : " We will hear very shortly, there is a desire on the part of the whole of Hauraki that we should then speak. I want you to be the same as I am ; not to be different as you are at present, my thought is to divide the land, this river Ohinemuri being-the boundary. I myself will be Te Hira's policeman. I will not go any further into the question at present. I will wait until the meeting
takes place."
Reihana: " If you say these words which you have just spoken when that meeting takes place, I
will say to you, there is your land, we will leave it."
Moananui : " No, you must not go, I will be your policeman."
The consideration of certain questions of a purely domestic character, then took up the attention of the meeting. which finally broke up at half-past two.
Te Hira was very friendly with me, but expressed, through some of his spokesmen, a strong desire that Te Kooti should be no further molested, but rather that an investigation should be made into the charges made against Te Kooti and others of a similar class at a large Runanga to be called hereafter, at which all the heads of the Government and the leaders of the King party were to be present.
I have, &e.,
•
E. W. PUCKEY,
The Hon. the Native Minister, Auckland. Agent for Native Affairs, Thames District.
No. 10.
MEMORANDUM for Captain HEALE by the Hon. D. MCLEAN.
WILL you have the goodness to see that Mr. Puckey takes all the copies of agreements with the Natives for the Thames Gold Fields, and produces such of them in Court at Ohinimuri as may be deemed necessary, asking the Court to make the certificates of title subject to such agreements. The form of restriction in such certificate is to be settled in chambers.
You will he good enough to take the opportunity of reminding the presiding Judge, that the orders or certificates of title arc not to be made in the Court at Ohinemuri, but at Auckland, where the question of putting any restriction on the alienability of land will be determined, and not in any case to fix a day for the anteyesting of the legal estate in any blocks that may pass the Court.
would impress upon you the necessity of asking the Judge to make this announcement publicly in the Court.
The former instructions issued to Mr. Puckey may be considered as superseded by this Memorandum.
Auckland, 14th May, 1870. DONALD MCLEAN.
No. 11.
Mr. HEALE to the Hon. D. MCLEAN.
Ohinemuri, 20th May, 1870.
I have the honor to inform you that the Native Land Court commenced its sittings here-on Tuesday last ; all parties having requested an adjournment from Monday, in consequence of the non- arrival of Te Moananui and others.
The first ease taken was that of Owharo, a piece of 155 acres on the right, bank of the Ohinemuri stream at the edge of the forest, on the rising ground, and claimed by Korueha Kota, and other members of the Ngatikoi hapu.
Mr. J. A. Wilson, with Messrs. Rice and Mainwariug, appeared for the claimants ; and Messrs. Mackay and C. O. Davis for Hira Te Tuiri and all the opponents.
The evidence for the first two days was given by persons of small consideration only, generally not Natives of the district, nor members of the tribes here ; the object and effect of their evidence being to show that after the destruction of Tara at Tauranaga, with all his tribe, save one man and the women and children who were left behind—the remnant through whom Ngatikoi claims became " Ram" of Ngatitamatera.
On Thursday, yesterday, Mr. Mackay again asked for an adjournment for two hours ; and then stated that by an arrangement publicly made that morning by all parties, the whole of the Ohinemuri lands were handed over to Te Moananui, and he adduced him as a witness to this. Since, however, the claimants, in the face of the Court, denied their concurrence in this handing over, which indeed seems
hardly to have been serious, the Court refused to take cognizance of it, and the case proceeded. Since then witnesses of more weight have given evidence, namely, Tarapipipi, Pineaha. Hei Tupaes, Tareranui and others—all to the same effect—denying the independence of the Ngatikoi maintaining that the "Mana" of the whole of the lauds here rests with To Moananui, Te Hira, Kereibi. and chiefs of Ngatitamatera. There is no probability of any judgment being given for seine days and unless some very different and very powerful evidence is brought, any judgment cannot fail to bo favour of Ngatitamatera, and against Ngatikoi, (No mention has yet been made of Ropata.)
Should this be the case, Te Hira and his friends may either claim a Crown Grant—as seems probable—or he may repudiate the survey and content himself with defeating the claimants. Should he claim a grant, I shall not fail publicly, and on public grounds, to urge the Court not to order a
![]() |
4.189 201 |
▲back to top |
AND NATIVE MATTERS AT THE THAMES. 13 A.—No
unless subject to close restrictions on alienability, and to leave the drawing of the clause to in Auckland.
I have no reason to suppose that this will be refused by the Court. I found that any general by the Court, before hearing any case, would have probably been refused; and as the might have produced irritation, I thought it best not at that time to make any application.
I ray be permitted to submit to your consideration, in the event of Te Hira asking for a Crown
for this small piece, and of his party greatly resenting the application for restrictions, and a grant so clogged, whether the gain that would be made by his recognizing the Court, and
a grant, even without express restrictions, might not more than counterbalance the possible
of these pieces from a gold field (as a Native Reserve, since certainly Te Hira has not
any arrangement with speculators), more especially as there is no possibility of a Crown Grant
our before the Legislature has met, when the whole might be made, subject to gold regulations. course I only throw out this as a suggestion ; and in the absence of further instructions, I shall use effort to urge the Court to make the restrictions. I have, &c.,
The Hon. the Native Minister. THEOPH. HEALE.
Districk,
with
may
to
and
Hei
some
fail to be
to
No. 12.
Mr. HEALE to the Hon. D. MCLEAN.
Ohinemuri, 24th May, 1870.
The Owharo case is still proceeding, Mr. Mackay having only closed his case for the
opponents on Saturday evening. The essential point be sought to establish by his very lengthy and diffuse examination was, that Tara and all his people having been destroyed by Ngamarama near Katikati, and their death having been revenged by Ngatitamatera, the remuant and their descendents
became and remained "Rahi."
Mr. Wilson, as agent for Ngatikoi, did not cross-question on these capital points, but on minor details only. But on Monday be opened his own case by calling Te Kepa Raharuhi, who stated the reverse, maintaining very steadily that Tara did not go to Katikati, but only one of his sons. and that the strength of the tribe remained unbroken by his defeat. Mr. Mackay subjected this witness to a very long and bitter cross-examination, extending over more than five hours ; in the course of this he questioned him in a very hostile tone as to what passed between himself, a Civil Commissioner, and the witness and his tribe. To this I thought it necessary to take exception, since, if such a course were allowed, all confidential relations must cease between Government Agents and friendly Natives. The Court accepted this view, and any questions of that nature were disallowed.
Ropata has since given evidence strongly in favour of the independence of Ngatikoi and their right to this land, and Mr. Mackay's cross-examination has been characterised by the same vehement and angry spirit.
On the whole, the Ngatitamatera case is still strong, though far from being so conclusive as it
appeared at the close of their own evidence.
Reverting to your memorandum of instructions, to press upon the Court that " orders or certificates of title (to parties not under agreement.) are not to be made here, but in Auckland, where the question of putting any restrictions on alienability will be determined," I may say that this can Only be done by adjourning the case back to Auckland, though the parties (Natives) may be told the Opinion of the Court as to the parties entitled, and that the claimants need not attend again. This is what I shall press the Court to do, should any judgment in favour of the opponents appear possible ; but it is my opinion that this course will be very irritating, and more lowering\_to the Native Land Court than to give judgment here and absolutely to limit the alienability except to the Crown, since it
will appear to surrender its independence, which may be attributed to fear of the tribes here, or to Other Other such influences.
The Hon. Donald McLean.
I have, &e.,
THEOPH. HEALE.
SIR.—
No. 13.
Mr. HEALE to the Hon. D. McLEAN.
Inspector of Surveys' Office, 6th June, 1870.
I have the honor to inform you that, in obedience to your instructions, I attended the Native Land Court at Ohinemuri, from 16th May until 2nd June, when it closed. All this time was occu-
pied in hearing the one ease of Owharo. The real question at issue was, whether the small tribe of or Ngatitara were so completely enslaved by the Ngatitamatera, as a consequence of' their against the tribe formerly occupying Katikati (Ngamarama), as to have last their right of
ownership in the lands held by their ancestors without dispute prior to their receiving that assist- and by themselves ever since.
Tee case resulted in a judgment in favour of Ngatikoi ; and this produced so much excitment,
and the Ngatitamatera used the means of intimidation which their numbers present gave them so that it was impossible for the Court to continue to sit.
I found that the Court would object to make any statement of its intentions with respect to
on gold mining, before proceeding with the cases. I therefore abstained from making any
at the commencement.
In the course of the investigation I had only occasion to interfere once, when I considered the Mr Mackay was taking, as advocate for the opponents, was calculated to destroy the confidence to exist between friendly Natives and the Government Agent, with whom they may be in relations. The Court sustained my view, and the objectionable questions were disallowed.
After the close of the cases I urged on the Court, on behalf of the Government, the absolute for the preservation of the peace and for the well-being of both races, that in a district as Ohinemuri is, to be auriferous, no certificate of title to any laud should be issued without restriction vesting in the Government alone the right to permit and to regulate mining for
![]() |
4.190 202 |
▲back to top |
A.—No. 19. 14 CORRESPONDENCE RELATIVE TO OHINEMURI,
gold. I showed that the claimants to the block under adjudication were parties to an agreement to this effect, made with Mr. Mackay in 1868; and I asked, in case of the judgment being in their favour that a restrictive clause should be added to the certificate, maintaining that agreement; but in the judgment of the Court should be in favour of the opponents, who were not parties to that agree I urged the Court not to make any final order at Ohinemuri, but only to declare its judgment as to ownership of the land, and to adjourn the case to Auckland, where the final order could be prepared, with the aid of the Chief Judge, after due consideration, and with all the information attainable.
The advocates on both sides most vehemently opposed my application, and I had to reply to their objections. The Court, however, in giving judgment in favour of the claimants, directed a certificate of title to be issued to them, with a restrictive clause maintaining the agreement, as I had requested, The adverse party gave notice of their intention to apply for a rehearing.
I think that after a time the great body of the Natives will recognize the equity of the judgment given ; but for the present, the anger of the chiefs of the Ngatitamatera is naturally great, and cannot say that I think the prospect of opening the district is at all near or promising.
I have, &c.,
The Hon. the Native Minister. THEOPH. HEALE.
No. 14.
Mr. E. W. PUCKEY to the Hon. D. MCLEAN.
SIR,— Native Agent's Office, Grahamstown, 10th June 1870
I have the honor to inform you that the Native Land Court, which commenced its sitting Ohinemuri on the 16th instant, was yesterday adjourned sine die, having the day previously given judgment in the case of the claim of Ngatikoi to Owharo, in favour of the claimants.
As Mr. Heale has already made you acquainted with what took place in the Court up to the end of the first week, I shall confine my remarks on the present occasion to what took place since your
departure for the South.
The case for the counter-claimants was brought to a close on the afternoon of' Saturday, 21st when the Court adjourned until Monday, 23rd, and the case for the claimants proceeded with. Mr. Wilson's witnesses were subjected to a rigid and searching cross-examination by Mr. Mackay. who his questions, and the contempt evinced by him for the claimants, was not careful to avoid expressions liable to stir up the angry feelings of the stronger against the weaker party.
On Friday, the 27th ultimo, I had to leave Ohinemuri for Shortland, in order to complete a Return of Tribes, for the House of Representatives.
On the same day, Moananui and a party of about twenty men, armed, started for for the purpose, as he told me the. previous day, of seeing Rabaruhi, father of Kepa Raharahi one of the claimants to Owharo. They reached Waihi on the following day, but news of their intended visit having preceded them, Raharuhi was concealed by some of the other Natives, and when Moananui and party arrived, he could nowhere be found. However, after a considerable time had been spent in searching. an old man and woman were seen approaching, who proved to be Raharuhi and his wife; They bad been out in the cold and wet all the night previous and all that day, and were nearly perished,
Moananui upon seeing Raharuhi, told him to remain quiet and get himself warm and comfortable, and he would talk to him on the following day ; but meanwhile the taua had all the license in such cases accorded to tauas, and looted everything not too heavy for them to carry away. Next morning Raharuhi came to Moananui, and told him, so the story goes, that he himself had nothing to do with the laud ; the land and people were Meha's ; that his children, Kepa and others, in spite of his advice, proceeded to survey the lands, and make application to the Native Land Court.
On Tuesday afternoon I left Shortland, and reached Ohinemuri late in the evening, when I was informed that the case in respect of Owharo had been completed that day, and that judgment would be given on the morrow.
On Wednesday, at 10, the Court assembled, and the counter-claimants and their partisans, appear in strong force, but the Ngatikoi appeared by Counsel only, and as judgment was being given in favor of Ngatikoi, evident signs of discontent were evinced by a good many of those present, and mutterings of dissatisfaction could be heard on all sides. This being the case, as soon as judgment was given, Tarapipipi stood up, and expressed it as his wish that the people should not be pouri, but that they should behave with decorum.
As it was evident that there was too much excitement for any other case to be proceeded with that day, the Court adjourned till the morrow—but at this time Moananui's party were descried approaching, and a war dance took place ; that over, Mr. Mackay proposed that a meeting should take place at To Moananui's camp, in order to concert measures for the morrow. As I was anxious to know. how far the disturbed feelings of Te Hira's party would carry them, I felt it my duty to be present for a time at the meeting. It commenced about 11.30 a.m. The speakers were Tarapipipi, Wi Hopihana, Hoheps Te Rauhihi, Mere Kuru, R. Te Tahua, Riwai Te Kiore, Wi Kingi Te Arawahie, Te Moananui, Mr. Mackay and myself.
Tarapipipi was very much excited, as well at the decision as at the rumoured purchase of Te Aroha by the Provincial Government. Hobepa said he was wearied with trying to maintain peace in the triet. He thought he should leave things to take their course. Nevertheless, later in the day, both he and. Tarapipipi told us they would continue to act as they had done heretofore, and conduct matters quietly.
Mr. Mackay spoke twice, denouncing the decision of the Court. The Ngatikoi were exceedingly presumptuous in preferring any claim whatsoever to land—they were "iwi tutua, toenga kainga ; "in
fact, he seemed quite at a loss to find terms to express his disgust at the adverse decision of the Court, and the presumption of the Ngatikoi. His second speech was more temperate, urging upon the Natives the prudence of not obstructing the action of the Court. This I supported ; the more so, as reference was made to myself by Tarapipipi, in reply to Mr. Mackay.
The result of the meeting may be summed up in a few words. The claim of Ngatikoi to waihi was to be taken through the Court; the lands which had been surveyed for taking through the Court
![]() |
4.191 203 |
▲back to top |
AND NATIVE MATTERS AT THE THAMES. 15 A.—N
to be demanded to he given up to Moananui, and a rehearing of claims to Owharo to be requested.
I felt after a time that I was in the way, and as the political part of the meeting was over, I left.
On the following morning the Court opened at the usual hour ; but Mr. Mackay having desired
adjournment for half an hour, the Court adjourned for the required time, when half au hour more
asked for ; this also was granted. At the expiration of this time, and as it appeared from the of witnesses, and the contemptuous manner of speaking of the decision of the Court, as ell as the likelihood of the judgment being resisted, and the peace of the district being in considerable
anger, extremely desirable that no further sitting of the Court should take place for the present at the Court adjourned. I have, &c.,
E. W. PUCKEY,
The Hon. the Native Minister, Wellington. Native Agent, Thames.
No. 15.
Mr. E. PUCKEY to the Hon. the NATIVE MINISTER.
Shortland, 20th January, 1870.
I have the honor to report that I have just returned from Ohinemuri, to which place 1
yesterday morning for the purpose of obtaining reliable information as to the movements of Kooti. I found that Timoti, to whom Topi Te Kahuwhara made allusion in a letter which I forwarded you on Tuesday last, had left for Te Kooti's camp accompanied by two Natives ; all were on and heavily laden. One of the Natives, Pita To Heihei, was sent by Ropata to endeavour to what Te Kooti's intentions with regard to Ohinemuri really were ; and he is to return immediately in case of any hostile movement in that direction being made. On my way to see Ropata, who was at work in his cultivation, I had to pass close by Te Hira's use. When he (Te Hira) heard who it was, he sent and invited me to go in and see him. He himself as being very " pouri" at the accusation made against him, viz., that he had invited ' Kooti to visit that part of the country. I told him that that expression of opinion had no doubt from the discovery of a letter addressed to Te Kooti, and purporting to have been written Hoani Mahako Te Urn o to Rangi at his instance ; and, in the second place, from the frequent comings and goings of Timoti and others to Ohinemuri, and his intercourse through them with Te Kooti. He emphatically denied ever having had anything to do with the letter in question, and said that although he countenaneed the comings and goings of Timoti and the others, they did not come to him, but to visit their friends resident at Ohinemuri, Mataora, and Whangamata. It must he borne in mind that Tarapipipi Te Kopara, a few days ago, admitted to me that Te Hira had written to Te Kooti ; also that he encouraged the visits of Timoti in order to obtain information as to the movements of To Kooti.
Mere Kuru was also present, and she told me candidly that they could not but sympathise with people of their own race and colour ; that the King party would not allow Te Kooti to be molested within certain limits; that if he was attacked by us, the King party would not discern whether it was simply fighting between the Pakeha and Te Kooti, but would think we meant to carry the war into
their country, and that they would resist it. She expressed a hope that no force would be sent to hinemuri ; also, that if To Kooti should be attacked, that the force go round some other way, and not
through their country. I assured her that the Government had no intention whatever of either king a force through Ohinemuri, or of making it a military position ; and that, unless extremely circumstances rendered it necessary, unless the whole country were up in arms, they nerd not under she slightest apprehension that the words of another day should be trampled upon. She deo remarked that the diggers had said a force was coming up to protect them ; I told her it was not so.
Te Hira assured me Te Kooti would never visit Ohinemuri, had thought it was most probable he
had gone back to the place set apart for his use by Tawhiao.
To Hira, and most of the Hauhau party, are going to attend at a meeting; called by Ngatihaua, to assemble at Ohineroa on the 10th proximo, in order to use jointly. the influence possessed by both parties, for the purpose, of persuading Te Kooti to keep within the bounds prescribed for him by the King party, and to send him away from Tapapa. Te Hira is most anxious to do this, to convince those who have suspected him, that he, at least, never invited Te Kooti to come to Ohinemuri.
Ropata is doubtful as to the probable success of persuasion on Te Kooti, as he thinks, and not
thout reason, that if " Te Kooti's god " tells him to go to Ohinemuri, nothing will induce him to
keep away ; and he is not quite sure that " Te Kooti's god " might not do so— the more so as To Kooti is said to have asked Timoti how long it would take him to get to Ohinemuri on horseback from Tapapa, and that he expressed satisfaction on being told it could be done in one day. Ropata is etremely anxious that a few stand of arms and seine ammunition should be sent to him at once, if it
should please the Government to do so, as a good opportunity now offers of taking them to his place unknown to any one, in the absence of the Hanhaus. His party are in a very defenceless state. My own opinion is that Te Kooti will not visit Ohinemuri ; that he is desirous of, it' possible, dwelling under the protecting shade of the Maori King, and will not do anything to compromise that parts, as would most likely be the case did he visit Ohinemuri.
Maihi Te Pohepohe was, I was told, at Ohinemuri Yesterday ; I did not see him.
I have, &c., E. W. PUCKEY,
The Hon. the Native Minister, Auckland. Agent Native Affairs, Hauraki District.
No. 16.
The Hon. the DEFENCE MINISTER to His Honor T. B. GILLIES.
General Government Offices, Auckland, 8th February, 1870.
In prosecuting the negotiations with the Native owners at Ohinemuri for the opening of the district as a gold field, it has been found that the large number who are disposed to give up their lands desire at once to receive a money payment as an advance on account of the future receipts of fees on miners' rights, and that the sum required will be about £5,000.
![]() |
4.192 204 |
▲back to top |
No. 19. 16 CORRESPONDENCE RELATIVE TO NATIVE MATTERS.
It is right that your Honor should be informed, that it is not expected that the payment of sum will operate at once in overcoming the opposition of the party which has persistently sct against the opening of the district, but it may have the effect of maintaining in their disposition, and of stimulating to greater exertion, those who have been friendly, and who are willing give up their lands, and I am informed that this payment will probably be found necessary to those objects.
It will be for the Provincial Government to consider whether or not it is prudent to make
advance in the present condition of the negotiations, and upon this point I shall be glad to be favoured
with your Honor's opinion. I have &e.,
His Honor the Superintendent of Auckland.
No. 17.
His Honor T. B. GILLIES to the Hon. the DEFENCE MINISTER.
SIR— Superintendent's Office, Auckland, 9th February, 1870.
I have the honor to acknowledge the receipt of your letter of yesterday's date, relative advance of money to the Natives, in anticipation of the opening of Ohinemuri. I am prepared at to provide the sum of £5,000, or any other sum necessary, to effect the immediate opening Ohinemuri ; but until the negotiations show some signs of success, and are put into some tangible as to terms, it does not appear to me prudent to make any advances to the friendly Natives, sr appear to be unable to open even their own lands without the consent of their opponents. Nor
think it would be wise to arrange with the Natives on the basis of their receiving fees on rights, &c., as at Shortland, which has raised so many questions of difficulty with both Europeans Natives. I would suggest dealing with them for a lease of their lauds (subject to reserves) at a
rental, to cover both mining and surface rights, for a period of twenty-one years or upwards, country could thus be opened up, not only for mining but for settlement, which, from the gold-bearing capabilities of the country being yet untested, would be the only safe way of dealing with the matter. I desire very earnestly to urge upon you the importance of prompt and energetic action in the matter, otherwise serious consequences may ensue. If you see no immediate prospect of overcoming by your negotiations the opposition of the King party, I would respectfully request you to permit to undertake such negotiations as I might think proper to adopt in order to accomplish the end in view. It may appear almost presumptuous in me to hope to succeed in a matter in which your agents have been so long unsuccessful, but I am unwilling to leave any stone unturned which might possibly result in opening that country speedily. I have, &c.,
THOMAS B. GILLIES,
The Hon. the Minister for Native Affairs, Auckland. Superintendent.
No. 18.
The Hon. the NATIVE MINISTER to His Honor T. B. GILLIES.
, General Government Offices, Auckland, 26th February, 1870.
I have the honor to acknowledge the receipt of your letter of the 9th instant, relative to the opening of Ohinemuri. I have inadvertently overlooked replying to it before, but in verbal communications I have sufficiently fully expressed to your Honor my opinions. Thus you are aware' that I agree with you, that, if the Natives are willing to accept it, a yearly rent for all rights over the land, is preferable to a payment for the right only to mine for gold. Still I hope your Honor will agree with me, that if the Natives are not willing to entertain the offer you make, it will not be wise to refuse to agree to other terms. So strongly indeed am I of opinion that it is desirable Ohinemuri should be opened, that in the absence of a specific recommendation from you to the contrary, I shall feel myself at liberty to exercise much discretion in accepting such terms as the Natives are willing to- agree to.
I thank your Honor for your offer to undertake the negotiations, and am willing to agree with you that though the offer may appear presumptuous, it is dictated by no other desire than an earnest regard for the public service. I would willingly accept your Honor's offer if I could see a probability of its tending more speedily to the attainment of the object in view. But you give me no information by which I can gather that you have either special plans or special facilities, and I observe that at
Thames you have stated that if the matter were intrusted to you, you could not profess to hope to conclude it in three months.
It appears to me that at present I am in a better position than your Honor to carry through" negotiations which are already far advanced, and to which I am constantly attending with the atmost anxiety to see them conducted to a successful result.
Whilst declining your Honor's offer, allow me again to thank you for it, and to express my conviction that it is dictated solely by the desire to promote the public service.
I have, &e.,
His Honor T. B. Esq., Superintendent, Auckland. DONALD MCLEAN.
No. 19.
His Honor T. B. GILLIES to the Hon. the NATIVE MINISTER.
SIR,— Superintendent's Office, Auckland, 26th February, 1870.
I have the honor to acknowledge the receipt of your letter, No. 59, of this date ; and in reply, have to state that I am happy to see, from the tone of your letter, that you have hope of an carly accomplishment of the opening of Ohinemuri. The special plans and facilities which are at command for the achievement of that object are such that to divulge them would be to destrooy and render them powerless ; and I must therefore rest content with leaving the matter in your hands.
I have, &c.,
THOMAS B. GILLIES,
The Hon. the Minister for Native Affairs, Auckland. superintendent.
PRESEN
![]() |
4.193 205 |
▲back to top |
WORKING OF THE NATIVE LAND ACTS. 43 A.—N
amongst themselces pericnco has taught us that, whenever they make an effort or adopt a new course, whether for good or for evil, that they do it in the mass. Take their present willingness to make roads as an instance. Individual effort or individual civilization, except under very exceptional
circumstances, has always failed ; our wisdom will now be to try, by slow degrees, to elevate the whole
community, the younger portion taking the lead, and the older ones following at their leisure. I
conclude then, that as separation appears necessary on the one side, and combination on the other, that a number small detached reserves would not prove a benefit to the Natives.
With reference to our former efforts to civilize this race, I would say that both missionary bodies and Government have made grave mistakes. More has been expected from the Maoris in a generation than our own ancestors attained in ten. If we puzzle a child with rule of three, who has not learned addition, shall we advance his education ?
The only kind of reserves that I think would be of real value to the Natives, and would also to a great extent stop wholesale speculation in land, would be to render inalienable (say for fifty years) several large blocks of land or districts where the Natives would to a great extent be removed from close contact with Europeans, and, while able, especially the old people, to live quietly after their own fashion, would at the same time afford opportunities for the improvement and civilization of the younger portion, who now for the most part aspire to something different and more European than their elders. I write on the assumption that when we see the end of the present war we shall have no more serious fighting with the Maoris, and feel convinced on this point, from the general tone of feeling that prevails amongst them. Notwithstanding their bravado when talking with Europeans, it is very clear they have had enough of it. Besides which, if we judge from the past, we shall come to the same conclusion. Hone Heki in the North fought with us once, and though victorious, as he thought, yet never troubled us again ; the same may be said of Te Rangihaeata in the South. Wiremis Kingi of Taranaki, who was the first to take up arms in the present war, was glad to slip out of it ; the Waikatos rushed to the rescue, and were driven back, and, though they have growled and threatened, have never ventured to attack us again, and I think, except under some very extraordinary circumstances, never will.
For these reasons, and with an open country, we could have no fear in seeing the Natives located , in large parties in four or five reserved districts, and indeed, to some extent, we should, I think, regain their confidence by attempting such a step ; and by an inexpensive recognition on the part of the Government, of three or four of the leading men in each district, and the promotion of order religion,
and education amongst them, there is every reason to expect a good result.
In making the above remarks, I would add, that you must take them for what you think they are worth. I can anticipate many objections ; but if I can throw any light upon the future of the tangata Maori, I shall be glad.
I have, &c.,
Colonel Haultain, Auckland. T. S. GRACE.
CASE of NGAKAPA WHANAUNGA and Papers with reference to Survey.
Mr. J. MACKAY, junr., to the Hon. Dr. POLLEN.
New Zealand Native Land Agency, Auckland, 30th January, 1871.
have the honor to enclose herewith for your information, an extract from the Provincial Government Gazette, of the 23rd instant, in the case of Jordan v. Ngakapa Whanaunga, and beg to lay before you the facts connected with that case, with a view to requesting the Government to grant in the defendant some relief in the matter.
Same two years ago Ngakapa Whanaunga, as the representative of the tribe Ngatiwhanaunga, engaged Mr. Richard Coles Jordan to make surveys of certain lands at Warekawa and elsewhere. The agent negotiating this business was Mr. C. O. B. Davis. At the same time an arrangement was entered into with a Mr. Young to lease the Wharekawa Block, and pay the expense of the survey of the same.
Mr. Jordan in the meanwhile completed the survey of the Warekawa and some lands near Shertland, for which he made some rather heavy charges. Mr. C. O. B. Davis and Mr. D. J. O'Keefe objected to the amount claimed, and tendered £400 in payment, which was not accepted by Mr. Jordan.
Mr. Young in the meanwhile, finding his speculation not a lucrative one, withdrew from the
and Ngakapa Whanaunga could not enforce his claim, it coming under the section of the
Native Lands Act referring to agreements previous to issue of certificates of title. Mr. Jordan then, through the instrumentality of Mr. Rice, native interpreter, procured a promissory note for £400 from Whanaunga, which he supposed was payment in full of all demands, provided the amount was
Paid on the promissory note coming to maturity. The promissory note was not met when due, and
of all claims against Ngakapa Whanaunga and the Ngati
Jordan commenced an action in the Supreme Court for between £500 and £600.
Davis and O'Keefe persuaded Ngakapa Whanaunga to defend the case, instead of apply-
ing to the Chief Judge of the Native Land Court to determine the question, as provided by the Native
At the time the action came on in the Supreme Court, the persons before named and their
from of the case. Ngakapa Whanaunga came to me in this extremity, and I offered satisfaction of all
claims against Ngakapa Whanaunga and the Nagati- tribe for the surveys executed by him, and the further sum of £20 for costs on that behalf. This offer was refused, and the case came on the Suprem Court, and I succeeded in getting it referred to arbitration. The result of the arbitration was, that about £70 was deducted from the plain claim. I then persuaded Mr. Jordan to stay further proceedings, and paid the sum of £400 on account of the award, which with costs amounted to upwards of £700. Mr. Jordan agreed to take the remainder of the money from me as the rents were paid into my hands, on account of lands in the town of shortland owned by the tribe As this could not be done
![]() |
4.194 206 |
▲back to top |
No. 2A. 44 APPENDIX TO RETURN RELATIVE TO THE
has proceeded to execution, and the sum of £391 is now claimed by the Sheriff, together with costs, poundage, &c., which will probably amount to £450.
I now beg most respectfully to request that the Government will take this case into consideration
and advance to Ngakapa Whanaunga the amount required—say £450—in order to prevent the sale of his property and his consequent ruin. The money must be paid before the 3rd of February next, or the property will be sold by auction. The amount to be advanced can be secured to the Government by
mortgage at six or twelve months over lands owned by Ngakapa Whanaunga, Te Karawaru, Wirema Te Aramoana, Waka Toheriri, Hera Puna, Hemi Te Ahipu, and Epanaia Motukohai, at Shortland ; or
if this security is deemed insufficient, over other lands in that neighborhood in addition to the above- The Government might reduce the amount by remitting the poundage fees, which will amount to
£19 lls. If the Government will advance the amount required, I am prepared to guarantee the
repayment of the same, and in the meanwhile to give valid security for a large amount, so as to secure
them from any loss in the matter
I have, &c.,
JAMES MACKAY, junr.,
The Hon. Dr. Pollen. Agent for Ngakapa Whanaunga.
Note.—This letter was not received by Dr. Pollen till the 7th February. The land was put up to auction and
knocked down to Myer for £35.
In the Supreme Court of New Zealand, Northern District.
Between RICHARD COLES JORDAN, Plaintiff, and NGAKAPA WHANAUNGA, of Cabbage Bay, Defendant, WHEREAS by virtue of a writ of fieri facias issued on this action, and directed to me, ordering me
that of the real and personal estate of the above-named Ngakapa Whanaunga I should cause to be made the sum of £391, together with the interest on the said sum, at the rate of £8 per centum per annum, from the 4th day of October, 1870, together. with £1 13s. 4d. for the said writ, besides Sheriff's poundage, officers' fees, &c. : Now, I do now hereby give notice, that I shall cause to be sold by public auction, by Stannus Jones, at his Mart, in Queen Street, in the City of Auckland, on the 3rd day of February, 1871, at 12 o'clock noon, unless the said debt of £391 and interest be sooner paid, together with the said sum of £1 13s. 4d., besides Sheriff's poundage, officers' fees, &c. all the estate, right, title, and interest of the said Ngakapa Whanaunga, in and to all that parcel of land in the Province of Auckland, situate at Shortland, in the district of Hauraki, Queen's County, being called or known by the name of Rangiriri L, and numbered 1,266 ; bounded towards the North-cast by the Kaueranga Block, 250 links ; towards the South-east by the Whakaruaki Block, 1,063 links; towards the South-west by the Hauraki Gulf; and towards the North-west by the Rangiriri H. No.1. Block, 313 links and 150 links; the Rangiriri J Block, 150 links ; again by the Rangiriri H No. 1 Block, and by the Rangiriri J No. 83 3-10 links, 210 links, 83 3-10 links, 100 links, 83 3-10 links, 100 links, 83 3-10 links and 400 links. Except so much and such parts of the said land as is declared in the Crown grant thereof to be dedicated to public uses as roads or highways, and except so much and such part of the said land as is conveyed by the said Ngakapa Whanaunga to one Daniel Joseph O'Keefe, by deed bearing date the 21st day of February, 1870, and registered in the Deeds Register Office, at Auckland, as number 1,128D, with all buildings thereon erected. And I further give notice, that the interest of the said Ngakapa Whanaunga consists of an estate in fee-simple, and that the same has been taken by me in execution at the suit of the said Richard Coles Jordan, the execution-creditor.
H. C. BALNEAVIS,
Dated, October 31st, 1870. Sheriff.
George Ritchie, of Wyndham Chambers, Wyndham Street, Auckland, Solicitor for the said Richard Coles Jordan, the execution-creditor.
MY DEAR Sin,— Thames, 9th June, 1871.
I regret that I have not been able to reply to your note earlier. I have only this morning been able to obtain the information required by you. The annual rental of Ngakapa's town allotments at the time of the seizure was £87 3s. Trusting this information may reach you in time for the purpose required,
I have, &c.,
E. W. PUCKEY.
Mr. R. C. JORDAN to. the Hon. Colonel HAULTAIN.
DEAR SIR,— Tauranga, 24th April, 1871.
I forward particulars of the case you mention (Jordan v. Ngakapa), together with a few remarks of my own respecting the working of the Native Land Act as far as regards the relative interests of the Native land surveyors and the Native.
* * * * * * * * * * * *
I think it was near the close of 1867, while in Auckland, I was engaged by Ngakapa to survey for him a block of land estimated to contain 10,000 acres, provided he could make terms with a Mr
Young, who wished to lease it. Messrs. Davis, Young, and myself, and some Natives, then proceed to the spot ; negotiations were concluded with Mr. Young, and I was instructed to make the survey I was to be paid for the survey out of the rent, or Mr. Young was to pay me, Ngakapa giving him a
mortgage on the land for the amount when the land passed the Native Land Court.
When the case was heard before Judge Munro the land became inalienable for more than twenty-one
years, as it became subject to clause 17 of Native Land Act, 1867, which gave great dissatisfaction to
the owners, who then found out that, though they had put themselves to a great deal of trouble and
expense to obtain a title, such title as was granted to them was of no service.
![]() |
4.195 207 |
▲back to top |
REPORTS OF THE SELECT' COMMITTEE ON NATIVE AFFAIRS
ORDERED TO BE PRINTED.
On the Petition of—
Page
554 Natives of Hawke's Bay, for inquiry into laud transactions ... ... 3
100 Maoris residing in the District of Wanganui, for alteration of the Native Land Laws... 3
Hone Nahe and others, that lawyers and European agents may not practise in Native Lands Court ... .. ... ... ... ... ... ... 3
Te Hata and others, for payment for military service ... ... ... ... 4
Henare Pukuatua and 135 others, on various subjects ... ... ...... 4
Keke (Mrs. Cowell), for restoration of Confiscated Land ... ... .„ ... 4
Pehimana Tahua and 32 others, for restoration of Confiscated Land ... ... ... 4
Eruru to Ngahu and 21 others, relative to the shooting of Pahu by McAskill ... 4
513 Natives of Hawke's Bay, for inquiring into working of Native Land Laws ... ... 4
Tikawenga and 171 other Natives of Wairarapa and Hawke'a Bay, that the Native Lands Court be abolished ... ... ... ... ... ... ... ... 4
18 Natives of the Ngatiraukawa Tribe, for liberty to deal with their own lands ... 5
5 Natives of the Thames District for repeal of section 33 of " The Native Lands Act, 1867 " 5
Mokena Kohere and Mohi Tare, that the firearms in the hands of Natives in Waipu District may be collected ... ... ... ... ... ... ... 5
28 Natives of Wanganui, for restoration of Confiscated Laud ... ... ... ... 5
Ranohe Rangaika, for restoration of his land formerly sold at Poverty Bay ... 5
Manihera Rangiakaiwaho, for restoration of land in Castle Point District ... ... 5
Henare Tomoana and Renata, for compensation for military service ... ... ... 5
1.
On Petition of 554 Natives of Hawke's Bay, for inquiry into land transactions. AOUR Committee have the honor to report to the House that, after a careful examination of the allegations contained in the above petition, the following resolution was adopted :—
That, after examining certified copies of some of the grants referred to in the petition, and hearing the statements of Mr. Takamoana with regard to the allegations therein, the Committee
are of opinion that no satisfactory inquiry can be made except at Napier or in the neighbourhood, where alone the greater portion of the necessary evidence, whether documentary or oral, can be obtained ; and therefore recommend to the House that a Commission shall be appointed,
composed of some Europeans and some Natives, none of whom shall be in any way interested in the question to be investigated.
16th August, 1872.
2.
On Petition of 100 Maoris residing in the District of Wanganui, for alteration of the Native Land
Laws.
YOUR Committee have the honor to report that, on consideration of the above petition, the following resolution was agreed to:—
That, with regard to all lands which are tied up 'under they provisions of " The Immigration and Public Works Act, 1871," the Natives should in the first instance offer the land to the Governor ; and in the event of the Governor not requiring the same, a notification should be inserted in the Government Gazette offering the land for sale, which should be by auction.
19th September, 1872.
3.
On the Petition of Hone Nahe and others, that Lawyers and European Agents may not practise in
Native Lands Court.
YOUR Committee have the honor to report that, after careful consideration of the above petition, the following resolutions were agreed to :—
That it should be enacted in the Native Lands Act, that no legal practitioner, advocate, or other agent of the European race, should be permitted to take any part in the proceedings of Land Courts, in any cause in which such lawyer or agent is directly or indirectly interested, and that a penalty be provided for in such cases.
That it is highly desirable that a notification should be forwarded to the Natives, printed in the Maori language, explaining the nature of the Highway Boards Act ; also, to inform them that the cause of their having to pay such rates was principally in consequence of their ignorance of the present existing laws in connection with such Act.
Your Committee respectfully recommend to the favourable consideration of the House, the advisability of increased Maori representation in the House of Representatives ; and that the subject of
![]() |
4.196 208 |
▲back to top |
Native representation in Provincial Councils should be brought under the consideration of the Superintendents of the various Provinces.
4. That all deeds for the conveyance or leasing of land made by Maoris to Europeans, should, in all cases where the Maori conveyancer or lessor does not know the English language, be written in the Maori tongue, with a duly-authenticated English translation attached thereto.
19th September, 1872.
On Petition of Te Hate and other Natives for payment for military services.
IN reference to the above petition, your Committee have the honor to report the following resolution, unanimously agreed to :—
That your Committee, after careful consideration of the claim made by the petitioners, and the evidence adduced, are of opinion that their prayer should be complied with.
20th September, 1872.
On Petition of Henare Pukuatua and 135 others, on various subjects.
YOUR Committee have the honor to report that they have agreed to the following resolution:—
That inasmuch as questions are raised in this petition which affect the Native people generally throughout the Islands as well as the petitioners, and also matters relating to proceedings, which have been taken under existing laws, the Committee recommend that the Government should cause full inquiry to be made into all the circumstances before any disturbance of the Land Courts or grants of land should be authorized.
24th September, 1872.
On Petition of Keke (Mrs. Cowell), for restoration of Confiscated Land. YOUR Committee have the honor to report the following resolution :—
That your Committee are of opinion that Mr. Mackay's recommendation should be submitted to the Government for favourable consideration, as it appears, under all the circumstances, that 100 acres of land given to the petitioner would be a fair final settlement of the matter. Such land to be granted so that it should be Inalienable.
24th September, 1872.
On Petition of Pehimana Tahua and 32 others, for restoration of Confiscated Land. YOUR Committee have the honor to report that the following resolution was agreed to:
That your Committee do not feel at liberly to recommend the House to interfere in the matter of
the prayer of the petition in the direction proposed.
The Committee are of opinion, nevertheless, that, where it is found to be the case that tribes have not been actively engaged. in warfare against the Queen, or having been engaged have returned to their
loyalty, the lands which have been taken from them if not otherwise disposed of should be restored to restored to the Native owners.
25th Septamber, 1872,
On Petitioin of Eruru Te Ngahu and 21 others, relative to the shooting of Pahu by McAskill.
YOUR Committee have the hanor to report to the House that the following resolution was agreed to:—
That the letters addressed to Wi Parata, bearing date 19th July, 1872, and 8th July, 1872, which have been referred to your Committee, not being in the form of petitions to the House, your Committee do not feel justified in taking any action upon them, but have nevertheless advised Mr. Parata, who is a Member of the House, to bring the matter before the House in the form of a resolution.
25th September, 1872.
On Petition of 513 Natives of Hawke's Bay, for inquiring into working of Native Land Laws. YOUR Committee have the honor to report that the following resolution was agreed to, namely :-
That with reference to the grievances complained of in this petition, and which affect the Native people generally throughout the Islands, as well as the petitioners, as also other matters relating to proceedings which have been taken under existing laws, your Committee recommend that the Government should cause full inquiry to be made by a duly appointed Commission into all the circumstances before any disturbance of the Land Courts or grants of laud should be authorized.
11th October, 1872.
On Petition of Tikawenga and 171 other Natives of Wairarapa and Hawke's Bay, that the Native
Lands Court be abolished.
YOUR Committee have the honor to report to the House that the following resolution was agreed to, namely :—
![]() |
4.197 209 |
▲back to top |
should be granted. With respect ot other question
petition, the Committee recommendation
than that all such matters, being questions of policy, should be left to the consideration of the Government of the Colony.
11th October, 1872.
11.
On Petition of 18 Natives of the Ngatiraulcawa Tribe, for liberty to deal with their own lands.
YOUR Committee have the honor to report to the House, that the following resolution was agreed to, viz. :—
That as the question raised in the letter has been already considered by the Committee in the matter of the petition of several Natives of the Wanganui district, they have no further recommendation to offer than that which was given in the before-mentioned case.
11th October, 1872.
12.
On Petition of Five Natives of the Thames District, for repeal of Section 33 of " The Native Lands
Act, 1867."
Youn Committee have the honor to report to the House the following resolution adopted, namely :-
That the Maori owner or owners of land, desirous to sell the same, should offer such land in the first instance to the Government at a fair and reasonable price ; and should the Government not require the land for settlement or other public purpose, and refuse to purchase the same, that the Maori owner or owners should be at liberty to sell or dispose of the land to such persons or in such manner as he or they may think fit.
18th October, 1872.
13.
On Petition of Mokena Kohere and Mohi Turei, that the Firearms in the hands of Natives in
Waipu District may be collected.
Youn Committee have the honor to report to the House the following resolution, namely :—
That the request contained in the petition should receive immediate attention from the Government.
18th October, 1872.
14.
On Petition of 28 Natives of Wanganui, for restoration of Confiscated Land. YOUR Committee have the honor to report to the House that the following resolution was agreed to, namely :—
The Committee are of opinion that the Government should at once take steps to settle the difference existing between themselves and the\_ Natives with regard to the lands referred to in the
petition.
23rd October, 1872.
On Petition of Ranohe Rangaika, for restoration of his land fermerly sold at poverty Bay
YOUR Committee have the honor to report to the House that the following resolution was agreed to namely:—
The Committee are of opinion that the Government should take steps to ascertain whether or not the petitioner was the owner of the rand referred to in the petition ; and, if so to grant him Such relief as the Government may deem equitable and advisable.
23rd October, 1872.
16.
On Petition of Manihera Rangiakaiwaho, for restoration of land in Castle Point District. YOUR Committee have the honor to report the following resolution agreed to, namely :—
The period of the Session being so far advanced, your Committee cannot give the attention requisite to the prayer of the petitioner, and therefore recommend the same to the consideration of the Government during the recess.
24th October, 1872.
17.
On Petition of Henare Tomoana and Renata, for compensation far military service.
YOUR Committee have the honor to report to the House the following resolution, adopted, namely :—
It has been shown by Mr. Ormond and Mr. Cooper's evidence that the petitioners received £1,248 5s., instead of £888, as stated in the petition, as payment of the Taupo expedition, in full of all demands ; and that a receipt to that effect was taken when the last instalment of £500 was paid. Your Committee are therefore of opinion that there has been no evidence submitted to show that the petitioners are entitled to any further remuneration.
24th October, 1872.
![]() |
4.198 210 |
▲back to top |
1873.
NEW ZEALAND.
THE PURCHASE OF NATIVE LANDS.
(REPORTS FROM OFFICERS ENGAGED IN)
Presented to both Houses of the General Assembly by command of His Excellency.
No. 1.
Mr. JAMES MACKAY, jun., to the Hon. the MINISTER for PUBLIC WORKS.
New Zealand Native Land Agency,
Auckland, 24th January, 1872.
Referring to the conversation which took place between us on the subject of the purchase and acquisition by the Crown of Native lands in the Hauraki and Upper Waikato districts, I have the honor to submit to you the following report as to the blocks it may be deemed advisable to acquire ; also as to the plan which I would recommend to be pursued for the accomplishment of that object through my Agency.
In order to arrive at a correct conclusion as to the present state of the lands proposed to be acquired, it will be advisable to place them under three heads, viz. :—
1st. Lands within the proclaimed Goldfields at Hauraki and Coromandel, which form the subject of agreements between the Natives and the Crown for gold mining purposes.
2nd. Lands within the Hauraki district, not included in the proclaimed Goldfields, and which do not form the subject of agreement between the Natives and the Crown for gold mining purposes.
3rd. Lands in the Upper Thames and Upper Waikato districts held by Hauhau and obstructive Natives, some portions of which have been leased to Europeans for the depasturage of stock.
The lands under the first head are contained in the Cape Colville, Tokatea, Kennedy Bay, Tiki or Ngaurukehu, Waiau and Matawai, Manaia north, Manaia south, Waikawau, Whakatete, Tararu, Karaka, Otunui, Whakairi, Kirikiri, and Puriri blocks.
1. Cape Colville Block.
This is of considerable extent, the area of unsold lands may be roughly estimated at 50,000 acres. After deducting the pieces required for Native reserves, the area available for settlement is but limited ; the greater proportion of the block being hilly, timbered country—unfit for cultivation. Gold has at various times been discovered in several places within its limits, but no mining claims are at present occupied there. Some pieces of laud have been sold to Europeans, but they form, but a small proportion to the whole. The kauri timber at Cabbage Bay, Tangiero, Matamataharakeke, and the northern portion of Kennedy Bay has been sold to Europeans owning saw-mills. I have surveyors employed on the external boundaries of this block at the present time. The title is much disputed.
2. Tokatea Block.
This is the most valuable portion of the Coromandel Goldfield at present worked. The probable extent is 15,000 acres. This laud is leased by the Native owners to the Crown at the annual rental of £500. All the available kauri timber, excepting that situated near Paul's Creek, has been cut by saw mill proprietors. Mr. Gibbon's mill at Kikowhakarere, has been recently removed ; and that of
Mr. Charles Ring, is principally employed to drive quartz crushing machinery. There is no available agriculturalal land on -this block, other than what is in the hands of crushing settlers, or is required for Native reserves. This block would be difficult to acquire in consequence of its known value. No accurate survey has been made of it.
3. Kennedy Bay Block.
This block was formerly surveyed at Government expense, and contains about 9,500 acres. No further outlay for surveys will be required, excepting the repayment to me of the sum of £25 expended on some alterations, and a plan which was made by Mr. Gwynneth, Licensed Surveyor, in order to meet the requirements of " The Native Lands Act. This block contains sufficient available land for Native reserves ; and there is a flat in addition of about 600 acres, formerly leased to Messrs. Cruickshank and Smart, but now abandoned by them, which is suitable for a town site and settlement. The remainder—say 8,000 acres—is mining country of considerable value, and should, if possible, be acquired at once, as delay will increase the difficulty of purchase. The kauri timber on a portion of , this block has been sold to Messrs. Cruickshank and Smart, who own a saw mill there.
G.—8:
![]() |
4.199 211 |
▲back to top |
G.—8. 2
4. Kapanga Block..
The largest part of this, which adjoins the Tokatea block, belongs to the Government. The remainder, about 775 acres was granted to the late Pita Taurua ; who is succeeded by a boy of about five years of age. The land is of no value for agricultural purposes. The kauri timber on about 583 acres of it has been leased to Mr. Alfred Jerome Cadman, who has a saw mill on the Karaka stream. There are several quartz reefs within the block, which have not been tested. Gold has been found in small quantities, but there are no claims at present occupied. It would be advisable to purchase this block, as it adjoins Government land ; the difficulty, however, appears to be the inability of a minor to dispose of it. The lands south of the Kapanga block, belong to Europeans, as far as the Tiki or Ngaurukehu block.
Tiki or Ngaurukehu Block.
This consists of two pieces of land granted to Natives, and known as the Waiau No. 1, and Motutere ; the former contains 1,098 acres, and the latter 240 acres. These are separated by a piece about 600 acres, granted to the late Mr. W. B. Moore. There is no land on this block suitable for agricultural purposes ; is some good kauri timber on it, and several gold-mining claims have been and are now successfully worked within its limits. The owners are not inclined to sell their laud, and from the known value of the Waiau No. 1 portion, a large price would in any case be demanded.
Waiau and Matawai block.
This adjoins the Motutere portion of the Tiki and Ngaurukehu blocks, and may be estimated to contain 1,500 acres of hilly land, all the available kauri timber on which has been cut by the owners of the Waiau saw mill. Gold has been found in the Matawai stream, but not in any quantity in the block. The lands to the southward and to the westward of this piece are the property of the Crown, and it would be desirable to acquire it to consolidate the Government property in that neighbourhood. This block requires to be surveyed.
Manaia North Block.
This block belongs to a section of the Ngatimaru tribe. The area of the land not occupied by Natives or required for reserves may be estimated at about 3,000 acres of hilly country. Gold has been found in small quantities within it, but no payable claim has hitherto been discovered. This piece is bounded on the south by the Manaia south block. This block requires to be surveyed.
Manais South Block.
This block may be estimated to contain exclusive of the large reserves required by the Tawera tribe about six or seven thousand acres of hilly land. Gold has been discovered in small quantities in streams on this block, but no payable claims have been discovered. This piece is bounded on the south by the Waikawau block. This block requires to be surveyed.
Waikawau Block.
This may be estimated to contain about 60,000 acres of land, the greater part of which is of broken description. There are a few patches of land available for cultivation on the banks of the numerous streams which intersect it ; but these bear but a small proportion to the whole. The best pieces of land for settlement are at Te Pura and Wainui, but these have been either sold to Europeans or are required for Native reserves. Probably not more than 2,000 acres of this block have been granted under the Native Lands Act. The town of Hastings and the Tapu Creek diggings are within it. There is reason to believe that a very large proportion of the land is of an auriferous character. The available kauri timber in the neighbourhood of the Waikawau and Math streams has been sold to Capt. Daldy, who owns a large and valuable saw-mill at Waikawau. The kauri timber at Otuturu has been sold to Mr. Hector McKenzie, and that at Waipukapuka to Mr. Thomas Kelly. The survey of this block is in a forward state, having been undertaken by Capt. Daldy and myself with a view to purchasing the whole block from the Natives, subject to the Government agreements with them respecting gold mining. We are, however, prepared to waive our claims on condition of Capt. Daldy receiving a title to the timber heretofore purchased by him, and a piece of 400 acres of land adjacent to the Waikawau saw-mill, and 50 acres at the booms on the Math stream, and our being repaid the cost of survey and the deposits paid by us to the Natives on various pieces within the block, less the proportional cost of the 450 acres before mentioned. The pieces of 400 and 50 acres respectively required by Capt. Daldy to be excluded from the operation of " The Mining District Act, 1871." It is anticipated that no additional Native reserves will be required, as there are considerable holdings at Kereta and Matariki immediately north of this block, which with the pieces already mentioned at Te Puru and Waianui are sufficient for Native requirements in that neighbourhood.
The survey at present in progress is merely of the external boundaries, and some sub-divisional lines will probably have to be cut in consequence of troublesome disputes between the hapus of Ngatitamatera as to internal boundaries. Immediately south of the Waikawau block is that known as Te Wharau or Wairuaterangi, which has been purchased by the Crown.
Whakotete Block.
This is a triangular-shaped piece of small extent, probably 1,000 acres ; the only valuable portion of the frontage of which has been granted to the Native owners. The remainder is very rough, hilly land, and is not approved of by gold miners for its auriferous character. It might be desirable to purchase this land, if the Tararu district is acquired, so as to connect Te Wharau, or Wairuaterangi block with Tararu. As Te Wharau on the north, and Tararu on the south, have been surveyed, it may be assumed that the cost of survey of this portion will be small, as most of the lines are already defined on the ground.
![]() |
4.200 212 |
▲back to top |
3 G.—8.
Tararu Block.
This block consists of two pieces, known as Tararu north, and Tararu south, which have been surveyed by the Native owners, the total area of the two being about 3,500 acres. This land is of known auriferous character, and is likely to support a large mining population. The title is not disputed, but the Natives are not disposed to sell it. No reserves are required, the land being of a class unfit for Native or other cultivation. The kauri timber from Tinker's gully to the source of the Tararu stream has been sold to the Moanataiari Water Supply Company.
Karaka Block.
This contains all the most valuable claims on the Thames Goldfield, also the towns of Grahamstown and Shortland. The townships are chiefly private property, and it would not be advisable to interfere with existing arrangements. A large portion of the land, amounting to 1,600 acres, exclusive of townships, has been surveyed under my directions, and the unsurveyed remainder may be estimated at 1,000 acres. The difficulty of purchasing this block cannot be easily estimated, as the owners have been in the habit of receiving about £5,000 per annum for miners rights' fees alone. There is no unsold land within this block fit for any purpose other than mining.
Otunui Block.
This is unsurveyed, but may be estimated to contain from 6,000 to 7,000 acres. The land is not suitable for agricultural purposes. Gold has been found on it in small quantities, but no claims are at present occupied, which may be attributed to the want of means of communication by a practicable road, and the absence of any machinery for extracting the gold from the quartz. The kaur; timber on the banks of the Mangakirikiri and Mangarehu streams has been purchased by Europeans.
Whakairi Block.
This block is under survey by my direction, and is estimated to contain 35,000 acres. There is but a very small proportion of it suitable for settlement. Probably some portion of it is auriferous, but at present the gold miners have but a poor opinion of it in that respect. The kauri timber has been purchased by a company at Auckland, who intend erecting a saw mill at Shortland, which will be a great boon to the Thames Goldfield.
15. Kirikiri Block.
This block has not been surveyed, but probably contains about 5,000 acres. The land is not fit for agricultural purposes, and is not in favor with the gold miners. Small quantities of gold have been found in the Kirikiri river, but no claims are held within the block. The kauri timber has been sold to Mr. Sohn Gibbons. The large reserve to the westward of the goldfield boundary contains more land than is required by the Native owners for cultivation and settlements. Any surplus would be suitable for European occupation for ordinary agricultural purposes.
16. Te Puriri Block.
The same remarks as made in the previous case (Kirikiri block) apply to this block, with the exception that gold has been found at Te Puriri in payable quantities, and the kauri timber has not been sold. The land has not been surveyed. The probable area is 10,000 acres:
The lands under the second head are contained in the Whangapoua, Mercury Bay, Tairua, Wharekawa, and Omahu blocks.
Whangapoua Block.
This has nearly all been granted to Natives, under the "Native Lands Act." Gold has been found in two or three places in the neighbourhood of the Waitekuri river, but the workings were abandoned in consequence of the obstructive policy pursued by the Native owners. There is a little land within this area which would be available for settlement, but the greater proportion is hilly, broken country. The kauri timber has been sold to Messrs. Craig and Harris, and has formed the subject of interminable lawsuits between those parties. It is questionable whether much of the Whangapoua block could be purchased, as it is probable the title to it is complicated by private arrangements between the Native owners and certain Europeans.
Mercury Bay Block.
This district is of considerable area. There are probably 40,000 acres of unsold land in it. The extent of land available for settlement is small. Gold has been found in two places, but the workings are now abandoned. Nearly the whole of the land has been granted to the Native owners, under the Native Lands Act, and the available kauri timber has been sold to either the Mercury Bay Saw Mill Company, or the Auckland Saw Mill Company, who have valid leases or agreements extending over terms of years. I do not anticipate any great difficulty in procuring the freehold of this district. The Government have previously acquired some large blocks there, but which are of but little value for settlement.
Tairua Block.
This block probably contains about 20,000 acres of unsold land, mostly of a hilly, broken character, unsuitable for settlement, but which is believed to be auriferous. Alluvial gold has been found in two or three places, and it is reported that a "rush" of miners from the Thames has taken place there during the last few days. The kauri ;timber has been sold to Messrs. Seccombe and Son, who have a valuable saw milt on freehold land near the mouth of the river Tairua. I think this block can
![]() |
4.201 213 |
▲back to top |
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML> <HEAD> <META HTTP-EQUIV="Generator" CONTENT="OmniPage Pro 15 - http://www.scansoft.com"> <META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=UTF-8"></HEAD></HTML>
![]() |
4.202 214 |
▲back to top |
5 G.—8.
of £75,000. The Tokatea, Kapanga, Tiki, or Nganrukahu, Teraru, and Karaka blocks may be estimated to contain 22,000 acres, and it would not be an excessive estimate to assume that these can not be purchased at a lower average rate than one pound ten shillings per acre, or say a total of £33,000. Taking into consideration the fact that a large portion of this extensive territory would be purchased from Ratives who are hostile to the sale of lands to the Crown, and that much of the land is of known auriferous character, I do not think it would be right to estimate the total cost at less than £108,000, exclusive of agent's commission.
The question of reserves for Native residence, occupation, and cultivation will also require serious attention, and it will probably be found necessary- in most instances to make this class of lands inalienable.
After all questions as to boundaries, surveys, and reserves, have been arranged, the title to the lands should be investigated by the Native Land. Court, and conveyances be procured from the parties found to be interested therein. In cases of very large purchases, it might be found desirable to make the payments by instalments running over a term of years. It would also be beneficial to induce the Natives to invest some of their money- in Government annuities. It will be necessary that forms of deeds should be supplied to me, some of which should have provision inserted in them for payment by instalments. I object to the old form of Land Purchase Deed, as the space for description of boundaries, and the signature of the Natives, is too small. I think the deeds should be printed on parchment.
In order to prevent confusion in surveys, and also to obviate the necessity for repeated references to the Inspector of Surveys for information as to previous surveys within the Coromandel and Eastern Hauraki districts, I would respectfully request that a map or tracing should be furnished to me, showing all Government lands, granted lands, and surveyed lands within the blocks hereinbefore described. The same to contain the area and boundaries, with bearings and distances, where possible, of such lands. No use to be made of such information, except for the Government purchases.
As there are several pieces of land which have been granted to Natives, under "The Native Lands Act," which have not been sold to Europeans ; and it may in some cases be found advisable to secure these for the Crown, I would respectfully request that the Native Land Court officials should be instructed to furnish me with a return of all lands in the Coromandel and Eastern Hauraki districts for which certificates of title have been ordered by the Court, with the names of the grantees in each case. I could then, by referring to the Deeds Registration Office, ascertain the lands which had been disposed of, and those still in the hands of the Natives. Lands within the townships of Kapanga, Hastings, Grahamstown, and Shortland, need not be included in this return.
With reference to the vested interests and claims of Europeans to kauri timber, situated within the blocks of lands proposed to be purchased, some of which are held under valid leases made subsequent to the issue of certificates of title by the Native Land Court, and others by agreements made previous to the issue of certificates of title for the lands comprised in such agreements, I would beg to recommend that in all cases where the parties are in actual possession of the timber, and do not obstruct the Government in negotiating for the purchase of the lands, that all such agreements, leases, and private interests shall be respected, and the conveyances by the Natives to the Crown shall take notice of and confirm all such resonable and fair leases, agreements, and transactions. I would point out that the timber trade is of vital interest to the goldfields, and is one of great importance to the Province of Auckland, and very large capital is invested in it; and although the agreements for the acquisition of timber are not in the majority of cases strictly legal or valid; yet many of these so-called illegal agreements have been made by and with the assistance of officers of the Native Department. If the Government acquired the kauri timber, it would only be destroyed by miners and bush fires. At the present time, where the Kauri timber is not the property of mill owners, it is a fruitful source of discontent between the miners, Government officers, and the Native proprietors.
I will, at the earliest opportunity, furnish the Government with a sketch map, showing approximately the position of the various blocks of land alluded to in this report, for purposes of reference when any question arises. I must, however, state that I only give such information on the understanding that the Government employ no agent other than myself to conduct the negotiations for the purchase of the lands herein alluded to, as it would be manifestly unjust to me to supply other agents with information acquired by myself for my own business, and which they are not in a position to obtain, or to furnish to the Government.
In conclusion, I beg to state that as the Government have confided this important and responsible business to me, no effort shall be spared on my part to bring the negotiations to a successful termination, and one which will be beneficial to the interests of the Colony, and meet with the approval of the Government.
I have, &c.,
The Hon. the Minister for Public Works, JAMES MACKAY, JUNR. Wellington.
No. 2.
The UNDER SECRETARY of PUBLIC WORKS to Mr. JAMES MACKAY, jun.
Public Works Office,
Wellington, 4th March, 1872.
I have the honor by direction of Mr. Ormond to acknowledge the receipt of your letter of the 24th January, in which you report your views in reference to the purchase from the Natives of various blocks of land in the Coromandel, Hauraki, and Upper Thames districts.
2 G—8.
![]() |
4.203 215 |
▲back to top |
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML> <HEAD> <META HTTP-EQUIV="Generator" CONTENT="OmniPage Pro 15 - http://www.scansoft.com"> <META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=UTF-8"></HEAD></HTML>
![]() |
4.204 216 |
▲back to top |
7 G.—8.
No. 3.
His Honor the SUPERINTENDENT, Auckland, to the Hon. COLONIAL SECRETARY.
Superintendent's Office,
Auckland, 4th April, 1872.
I have the honor to enclose copy of a letter addressed to me on 20th March last by Mr. James Mackay, jun., relative to his being provided with funds to enable him to complete on favourable terms the purchase of two large blocks in the Cape Colville Peninsula. Dr. Pollen being absent and being personally aware that a very large sum might be saved to the Colony and the Province on this purchase by dealing with the Natives at the tangi at Ohinemuri, I felt myself justified in advancing to Mr. Mackay the sum of two thousand pounds for that purpose. I proceeded with Mr. Mackay to Ohinemuri, and was present when he was negotiating with the Natives there assembled, and I feel convinced that a large saving, both in time and money, was effected by his being placed in funds promptly to conduct these negotiations. I trust that you will approve of my action in this matter, and that the amount advanced will be at once repaid.
Permit me further to suggest that provision should be made in future for providing funds by which advantage can be taken promptly of such circumstances as the above, which occasionally arise.
I have, &c., B.GILLIES.
The Hon. the Colonial Secretary, Wellington. Superintendent.
Enclosure in No. 3.
Mr. JAMES MACKAY, Junr., to the SUPERINTENDENT of AUCKLAND.
New Zealand Native Land Agency, SIR,— Auckland, 20th March, 1872.
Referring to your request that I would inform you as to the progress made by me in purchasing, and negotiating for the purchase of Native lands on the Coromandel Peninsula, I have the honour to inform you that no purchase has as yet been completed by me. The surveys and negotiations for the Waikawau and Cape Colville blocks are in a forward state, and I anticipate being able to acquire these at a price not exceeding 28. per acre. I have made considerable advances on account of these purchases, having either paid for, or made myself privately responsible for goods and stores amounting to £1,367 18. 5d. I have made application to the Agent for the General Government for an advance to enable me to recoup myself the sums actually paid from private funds, and to pay the other amounts for which I. have become responsible, and have as yet received no reply to my communication which was made on the 4th instant.
A sum of £5,000 would probably accomplish this now, and as the area of the Waikawau block is estimated by the Surveyor, Mr. O. M. Creagh, to be about 100,000 acres ; and the Cape Colville block is estimated by Mr. Tole to be about 50,000 acres. This would be a very desirable purchase, being only 8d. per acre.
I have made arrangements for the survey and purchase of the Whangamata and Hikutaia blocks, but have deferred entering further on these at present, until the completion of the telegraph line through that district, for fear of any complication arising to delay that important public work.
Unless the General Government can make some alteration in financial matters, so as to make it as easy to purchase for the Crown as for private persons, the acquirement of these lands will be tedious and difficult. The great point in buying land from Natives is to be able to have money at command to take advantage of favourable opportunities like the present.
Dr. Pollen being absent from Auckland, and not being likely to return for some time, and as it is impossible without funds to proceed further, with those negotiations, I would beg to request that you will be as good as to advance the sum of £2,000 to enable me to conclude these purchases, which are a matter of great importance to the Province, and to make provision for further advances, if necessary, not exceeding the sum of £5,000 above mentioned, and which advances I think you are justified in making, pending the completion of the General Government arrangements for supplying the necessary funds.
I have, Qc.,
His Honor the Superintendent, JAMES MACKAY, Junr.,
Auckland. Agent for Land Purchase, New Zealand Government.
No. 4.
Mr. JAMES MACKAY, jun. to the Hon. the MINISTER for PUBLIC WORKS.
Sin,— Wellington, 23rd July, 1872.
Referring to the question of the proposed purchase of the Harataunga or Kennedy Bay block, Coromandel Peninsula, I have the honor to inform you that in accordance with your request I have communicated with His Honor the Superintendent of Auckland on the subject and he is willing for the purchase to be made for any sum not exceeding five thousand pounds : provided that all the
at land, excepting the portion absolutely required for Native residence and cultivation, be purchased at the same time and included with tun remainder of the block for that price.
I have, &c.,
The Hon. the Minister for Public Works, JAMES MACKAY, Jun.
Wellington.
![]() |
4.205 217 |
▲back to top |
G.—8. 8
No. 5.
His Honor- the SUPERINTENDENT, Auckland, to the Hon. the COLONIAL SECRETARY.
Wellington, 26th July, 1872.
I have the honor to acknowledge receipt this day of your's of 24th inst., requesting the expression of my views on the enclosed copy of letter from Mr. Mackay as to land purchase at Harataunga. My views are correctly stated by Mr. Mackay in his letter.
I have, &c.,
THOMAS B. GILLIES,
The Hon. the Colonial Secretary, Wellington. Superintendent, Auckland.
No. 6.
Mr. JAMES MACKAY, jun., to the Hon. the MIN-ISTER for PUBLIC WORKS.
Wellington, 28th September, 1872.
I have the honor to inform you that negotiations have been entered into for the purchase of the Whakairi or Waiwhakaurunga block, near Shortland, which contains nearly fifteen thousand acres, the title to which has been investigated by the Native Land Court ; and I believe it can be purchased for two shillings per acre. I have, therefore, the honor to request authority to complete the arrangements, and also that the Agent for the General Government at Auckland be authorized to advance to me the sum of one thousand five hundred pounds for that purpose.
I have, &c.,
JAMES MACKAY, jun.
Agent for Native Land Purchases, Immigration The Hon. the Minister for Public Works, and Public Works Act.
Wellington.
No. 7.
The Hon. the NATIVE MINISTER to Mr. H. T. KEMP.
Memorandum for Mr. Kemp.
You are aware that in the Thames and on the Piako there have been standing over unsettled for several years the payments upon certain blocks of land, for which advances were made from time to time to the Natives. The Government, as well as the Natives, are anxious that these outstanding claims should be met and settled on the most equitable terms, and as I find from Mr. Puckey, the Native agent at the Thames, who has been directed to enquire into the details connected with the several blocks alluded to, that they are now for the most part in a fit state to be dealt with, I have the honor to request that you will, without delay, place yourself in communication with Mr. Puckey, and endeavour, as soon as possible, with the assistance of the Native Chiefs and other claimants, finally to dispose of this question. Funds for the extinguishment of the Native title to these blocks will be available as soon as you shall report that these claims have been adjusted, and the time and place appointed for the payment being made.
Auckland, 28th June, 1872. DONALD MCLEAN.
No. 8.
MR. H. T. KEMP to the Hon. the NATIVE MINISTER.
SIR,— Auckland, 7th August, 1872.
Agreeably with your instructions careful enquiry has been made into the several outstanding claims on the Waitoa and Piako blocks. The result has been that in order to meet the different claims, to give general satisfaction and to make the awards fair and reasonable to the Government and to the Natives, the sum of one thousand pounds has been fixed to cover all claims connected therewith. Enclosed herewith is the schedule submitted for your approval, as well as a requisition for the amount required.
I have, &c„
The Hon. the Native Minister. H. T. KEMP.
![]() |
4.206 218 |
▲back to top |
9 G.—8.
Enclosure 1 in No. 8.
Mr. E. W. PUCKEY to the CIVIL CMMISSIONER, Auckland.
Native Office, Thames, 13th July, 1872.
I have the honor to enclose herewith schedule of proposed payments to complete outstanding purchases —Piako and Waitoa blocks, a balance of £713, according to Mr. Mackay's arrangements (excepting recent advances to Ema Te Aouru of £50, and to H. Tipa, of £20). W. H. Taipairi and myself have gone fully into the claims not considered by Mr. Mackay, and we think a payment of £40 to Wata. Hangata, Hirt Haua, Matini Potara, and Rakena Raukuru, fair and reasonable to extinguish their interests. The Ngatimaru have a claim, and we propose to extinguish it by a payment of £150 ; also to give the Ngatipaoa an additional payment of £97, thus bringing the entire amount to be paid, inclusive of advances above referred to, £1,000.
The schedule will explain these amounts more fully.
I have, &c.,
The Civil Commissioner, Auckland. E. W. PUCKEY.
|
Enclosure 2 in No. 8. SCHEDULE Of PROPOSED PAYMENTS, PIAKO and WAITOA BLOCKS. WAITOA— |
£ | |
|
H. Tipa ••• |
|
... 150 |
|
H. Patene ... |
|
200 |
|
Riki Paka and others ••• ••• |
|
200 |
|
*Hoia Hana ... ••• ... |
|
10 |
|
*Wata Hangata ... ... ... |
... |
10 |
|
*Rakena Raukura ... ... ... |
|
10 |
|
*Matini Potara ... |
... |
10 |
|
PIAKO— |
|
|
|
Ngatimaiu claimants through Kopirimau and Rihia to Kauwae |
... |
150 |
|
T. Tukere ... ... ... ... Te Paea Otatu ... |
... |
20 70 |
|
Head Tahatika ... ... ... |
... |
20 |
|
Wikitoria H. Taipari |
... |
10 |
|
Hanata Puao ... ... |
|
13 |
|
Mita Te Ratu ... |
... |
30 |
|
Additional payment to Ngatipaoa ... |
|
... 97 |
|
|
|
£1,000 |
|
* Claims not taken into consideration by Mr. Mackay. |
|
|
No. 9.
Mr. E. W. PUCKEY to the Hon. the NATIVE MINISTER.
SIR,— Native Office, Thames, 15th December, 1872.
I have the honor to inform you that on the 26th ultimo., I went to Taupe accompanied by W. H. Taipari and Mr. E. H. Power, for the purpose of making the final payment to the Natives on account of the long outstanding land purchases at Piako and Waitoa. As there were a considerable number of claimants and interested parties it was necessary to make special terms with a vessel to convey us thither and bring us back. I accordingly engaged the p.s. "Enterprise, No. 2"—a steamer plying between this and Auckland—at a cost of six pounds. We reached Taupe in the evening, and our errand having been explained and preparations made for commencing business first thing in the morning, we retired to a new house which Haora had built for the occasion. We then had a private meeting with the resident Natives and went fully into the question of the claims, and everything having been satisfactorily adjusted, Haora in the early morning sent off a messenger to Whakatiwai to fetch Hoera to Whareponga, Whose presence at the final extinction of their claims to these lands and especially the Waitoa, block, both he and I considered advisable. About 9 o'clock in the morning we assembled in the Court-house, and the proceedings commenced by W. H. Taipari reading the list of claimants and the pieces of land claimed by them. This was the more requisite as Tarapipipi had raised an objection to the claims of Te Poea, te Otatu and Horata Potene, on the ground that all either had a right to was an eel weir. Upon going into the, question, however, in both cases the objection was withdrawn. There was no great difficulty experienced in dealing with any claim excepting as regards Motauhiahi—a piece of land contained within the Waitoa block. When the amount arranged to be paid for this land was named the claimants—Hone Te Doti, Wini Kerei, Ropata to Arahai, Hota Poka, and Riki Poka,—refused to sell unless they got £400. They offered to sell half of the land for £200, but—as I considered £200 already too high for a piece of land consisting of from one-third to one-half of deep swamp, and the total area of it being probably about 2,000 acres—after discussing the matter for nearly a day and a night, with Taipari's concurrence, I cut Motauhiahi out of the block. The only advance on this land was a sum of £15 paid to Weherua, a man since dead, and who did not appear to have any claim to the land whatsoever.
The claim of Horata Potene was by her desire dealt with as though it was Tipa's, she claiming the land through him and having no special or separate claim.
3 G.—8.
![]() |
4.207 219 |
▲back to top |
G.—8. 10
As it is possible some question may hereafter arise as to the claim of Irihia to Kauwae to Waitoa and the manner in which it was disposed of, I may state that I have all along steadfastly refused to recognise any unsupported claim, and made it a point from the first to consult Haora Tipa with reference to claims brought forward to these lands. So with the claim of Rihia which has been all along ignored by Haora ; it appears that this claim was derived from some remote Tapuna who formally owned or cultivated the land before it was taken by the Ngatipaoa and the occupants driven off as utu for the killing of Te Apa o te Rongi. I brought up this claim repeatedly, but Haora as steadfastly refused to recognise it, and also at the Taupo meeting Rihia, who appeared conscientiously to believe in the fairness of his claim, brought it forward himself at my desire, but without being able to prove it to our satisfaction, indeed had we dealt with it separately it would have complicated matters, as we should have had Haora against us. A few days after our return, however, Haora Tipa came to the Thames, and as I felt that the claim of Rihia might hereafter crop up at an inconvenient time I suggested to Haora that a small payment had better be made to Rihia through him as principal seller of this land. This he agreed to, and Rihia accepted £10 in extinction of his claim, promising that he would not hereafter make any claim whatever. All kinds of fictitious claims have since our return from Taupo been trumped up, but referring the pseudo claimants to Tipa has completely shut them up, and in order to test the validity of any claim which may hereafter be made it will be only necessary to refer such claimant to Tipa.
I found it necessary to give Tarapipipi £25, he having some indirect claims on the Mohonui block not previously dealt with, but this payment should be regarded more in the light of a politic stroke than as the satisfaction of a claim ; also as he had some time ago made claim for a further payment on account of the Piako block, and as it was in his power to place—for a time at least—insuperable obstacles in the way of the settlement of these long-existing land claims, both on the Piako and Waitoa, I agreed to abandon the purchase of a block of land called Katihiha on the opposite side of the Piako to Mohonui, on which an advance of £80 had been made to him, he foregoing any claim he might still have to the other blocks purchased. Adjoining this land and included within the same survey is a piece called Whataiti. On this land an advance of £40 was made some years ago by Mr. Whitaker, then Superintendent of Auckland, to Haora Tipa. This purchase we also agreed to forego, lessening by so doing some considerable additional payments for Waitoa, which Haora was expecting.
I append to this report a schedule of the blocks of land pruchased by the Government at Piako, which together with the sketch plan herewith will afford considerable facilities for understanding, what from the very meagre information in the possession of the Government has hitherto been a very complicated question.
Before having brought this report to a close, I should have stated that last week I visited Ohinemuri and obtained Moananui's signature to the Waitoa deed, and that I also completed the purchase of the Waemaro block, on which Hone te Kuti admitted an advance of £65 to have been made. I have also kept in hand a sum of 10 to be paid to Penetito for claims in the Piako. This closes all the purchases. A claim by Rota to Whituti for £35 I have ignored, as he appropriated that amount in the purchase of a portion of the Waitoa block, which I had to abandon. This is shown on the plan.
I have, &c.,
TheHon.theNative Minister, Wellington, E.W.PUCKEY.
|
Enclosure in No. 9. SCHEDULE OF BLOCKS PURCHASED BY THE GOVERNMENT.—PIAKO AND WAITOA. RIVERS. | |||
|
Piako block 1 19,500 acres | |||
|
Otamatai block... ... Mohonui block ... ... ... |
2 |
950 2,580 |
,, „ |
|
Te Hina block ... ... |
4 |
500 |
|
|
Te Hotu block ... ... ... |
|
50 |
„ |
|
Aronga block ... ... |
6 |
322 |
„ |
|
Waemaro block ... |
|
- 600 |
„ |
|
Te Nge block ... ... ... |
8 |
1,070 |
„ |
|
Te Awaroa block |
|
600 |
„ |
|
Mangakahika block |
10 |
510 |
„ |
|
Hangawera block ... ... ... |
11 |
3,680 |
„ |
|
Waitoa block ... ... ... |
12 |
8,000 |
„ |
|
|
|
38,362 |
„ |
|
| |||
No. 10.
JAMES MACKAY, Jun., to the AGENT, GENERAL GOVERNMENT, Auckland.
New Zealand Native Land Agency,
SIR,— Auckland 24th March, 1873.
I ve the honor to acknowledge the receipt of your communication of the 5th instant, requesting me o furnish a return of Native lands purchased by me, or under negotiation for purchase under the 34th ction of " The Immigration and Public. Works Act, 1870." I now beg to transmit the information required under the following heads, viz.:—
Return No. 1. Blocks, the purchase of which has been completed."
Return No. Blocks for which negotiations are concluded, but deeds not executed." Return No. 3. " locks under negotiation, but price not finally arranged."
![]() |
4.208 220 |
▲back to top |
11 G.-8.
Owing to my absence from the Thames, at Whangamata and Tauranga, I did not receive your instructions until the 14th instant, and as it has taken all my time since to compile the returns, I have been unable as yet to make the sketch map of the various blocks as called for by the Hon. Mr. McLean, but hasten to transmit the returns at once, and will furnish a map in the course of a few days.
I have, &c.,
JAMES MACKAY, JUNR.,
Agent for Native Land Purchases, Immigration
and Public Works Act.
The Agent, General Government,
Auckland.
Enclosure 1 in No. 10.
RETURN No. 1.
BLOCKS, the purchase of which has been completed.
|
NAME OF BLOCK. |
AREA. |
PRICE. |
|
|
Acres. |
£ s. d. |
|
Otama East ... ... |
1,217 |
32 0 0 |
|
Otama West ... ... |
1,298 |
100 0 0 |
|
Hihi and Pirinui ... |
6,755 |
715 0 0 |
|
Hotoritori ... ... |
523 |
100 0 0 |
|
Opango ... ... ... |
1,000 |
103 0 0 |
|
Taranoho ... ... |
3,796 |
380 0 0 |
|
Te Koro, No. 1 ... |
1,270 |
100 0 0 |
|
,, No. 2 ... |
100 |
25 0 0 |
|
Tairua ... ... ... |
36,000 |
2,900 0 0 |
|
Whangamata, No. 1 ... |
8,280 |
1,200 0 0 |
|
" No.3 ... |
8,210 |
2,465 0 0 |
|
" No. 5 ... |
5,889 |
1,402 0 0 |
|
Hikutaia, No. 2 ... |
2,376 |
763 0 0 |
|
" No. 3 ... |
5,445 |
1,302 0 0 |
|
Omaha ... ... ... |
7,056 |
600 0 0 |
|
Totals ... ... |
89,215 |
12,187 0 0 |
REMARKS.
Part of this purchase money charged against O'Keefe's lien. Gives access from the sea to land owned by the Crown, known as Ototoro. Land reported to be auriferous.
This gives the Government access to the Tairua Block from Shortland.
Purchased as being within Waiwhakaurunga Block, and being the means of buying the remainder (15,000 acres). Valuable from proximity to Shortland, and being within proclaimed goldfield.
Adjoins lands already purchased for the Crown at Mercury Bay. Is believed to be auriferous.
Adjoins Whenuakite (Government land). and gives access to the sea to the eastward. Gold has been found in these blocks. Not yet included in Gold-mining District. Reason of delay in proclamation is the non-completion of survey of the Wharekawa Block (purchase negotiated, vide Return No. 2). Wharekawa separates these blocks from the Whangamata Block. Some land available for cultivation on these blocks. A reserve of one thousand acres, to be selected in one or two blocks, is to be made at Tairua, and a grant issued for the same to the owners as arranged by the Native Land Court.
All these blocks have been included within the Hauraki Gold Mining District. It was an urgent necessity to complete the purchase of these as soon as possible, as a number of miners had taken possession of the country, asserting it to be highly auriferous, and there was every probability of a political difficulty arising by collision with the Ohinemuri Natives. Under these circumstances, the persons who had been declared to be the owners of the land by the Native Land Court believed it to be very valuable, and made most extortionate demands for their interest in it; the amount asked being at the rate of 27s. 6d. per acre, and consequently more had to be paid than under ordinary circumstances. When, however, the area of these is added to that of the adjacent Tairua Te Koro and Wharekawa Blocks (for latter, vide Return No. 2) the average rate will be 2s. 6d. per acre. A reserve of one hundred and fifty acres is to be made in the Omahu Block, and one of one hundred acres in the Whangamata Block No. 1, and grants to be issued for the same to Ngakapa Whanaunga, and Hone Mahia respectively.
Average rate, 2s. 8d. per acre.
24th March, 1873. JAMES MACKAY, jun.
![]() |
4.209 221 |
▲back to top |
Enclosure 2 in No. 10.
RETURN No. 2.
BLOCKS for which negotiations are concluded, but Deeds not executed.
|
Name of Block, |
Area. |
Advances charged to Government, as per Vouchers furnished. |
Advanced by James Mackay, jun, from private funds, repayable. |
Balances due, exclusive of advances made privately by J. Mackay, jun. |
|
|
Acres. |
£ s. d. |
£ s. d. |
£ s. d. |
|
Waikowau and Moehau (or Cape Colville) |
118,802 |
13,174 11 0 |
792 0 0 |
1,675 14 0 |
|
Te Weiti ... ... ... ... |
4,305 |
550 0 0 |
... |
... |
|
Wharekawa, ... ... ... |
20,000 |
200 0 0 |
280 0 0 |
1,800 0 0 |
|
|
(estimated) |
|
|
|
|
Rangahou ... ... ... ... |
9,132 |
785 0 0 |
... |
... |
|
Waiwhakaurunga ... ... ... |
14,186 |
... |
100 0 0 |
1,500 0 0 |
|
Owhao ... ... ... ... |
311 |
30 0 0 |
... |
20 0 0 |
|
Kapowai ... ... ... ... |
8,663 |
... |
30 0 0 |
700 0 0 |
|
Kapowai, No. 2 ... ... ... |
8,000 |
... |
10 0 0 |
800 0 0 |
|
|
(estimated) |
|
|
|
|
Totals ... ... ... |
183,399 |
14,739 11 0 |
1,212 0 0 |
6,495 14 0 |
Remarks.
Surveys completed. The only question delaying the execution of deeds is the laying off three or four reserves. Preliminary agreement signed by a majority of the owners. It is proposed to complete deeds and submit to Native Land Court, in accordance with the provisions of the Immigration and Public Works Act. This purchase is intimately connected with the Ohinomuri question, the land being owned by the same tribe, and it is considered the completion of it will be an effectual blow to the anti land-selling portion of the Ngatitamatera tribe.
Survey completed. Title investigated. Cause of delay in execution of deed being that a small reserve had to be surveyed; this is done. Deed can now be executed.
Survey in progress. Title investigated, and Interlocutory Order granted by the Native Land Court, Land chiefly hilly. Reported to be auriferous. Probable cost, 2s. per acre.
Surveyed. Title investigated. Valuable from being adjacent to goldfields, and some portion auriferous. Deed partly exeouted. Require to procure another signature of a Native residing at Mercury Bay.
Surveyed. Title investigated. Valuable from being near to Shortland. Some portion auriferous. A few small farms could be laid off here. Deed can be executed as soon as a reserve is laid off.
Surveyed. Valuable from its proximity to Shortland. Price arranged, 3s. 3d. per acre.
Surveyed. Title investigated. Deed can be executed at once.
Under Survey. Deed can be signed and submitted to Native Land Court, under provisions of the Immigration and Public Works Act. Price arranged, 2s. per acre, irrespective of area.
|
|
|
|
|
|
|
|
|
|
|
£ |
s. |
d. |
|
Advances as per Vouchers furnished to Treasury |
... |
... |
... |
... |
... |
... |
... |
... |
... |
14,739 |
11 |
0 |
|
Balance to complete purchases ... ... |
... |
... |
... |
... |
... |
... |
... |
... |
... |
6,495 |
14 |
0 |
|
Total Cost |
... |
... |
... |
... |
... |
... |
... |
... |
... |
£21,235 |
5 |
0 |
Average Price, 2s. 3¾d. per acre.
24th March, 1873. JAMES MACKAY, jun.
![]() |
4.210 222 |
▲back to top |
BLOCKS under negotiation, price not finally arranged.
|
Name of Block. |
|
Area. |
Advances charged to Government, as per Vouchers furnished. |
Advanced by James Mackay jun., from private funds, repayable. |
|
|
|
Acres, |
£ s. d. |
£ s. d. |
|
Manaia ... ... ... |
... |
5,055 |
... |
30 0 0 |
|
Manaia, No. 2 ... ... |
... |
1,724 |
77 0 0 |
21 0 0 |
|
Kerita ... ... ... |
... |
1,098 |
74 0 0 |
28 0 0 |
|
Kennedy's Bay ... ... |
... |
8,891 |
121 0 0 |
100 0 0 |
|
Ipuwhakatere ... ... |
... |
1,015 |
175 0 0 |
... |
|
Awhataroa ... ... ... |
... |
707 |
175 0 0 |
... |
|
Whitipirorua ... ... |
... |
1,245 |
5 0 0 |
5 0 0 |
|
Matamata ... ... ... |
... |
8.000 |
15 0 0 |
... |
|
Ohinemuri ... ... |
... |
150,000 |
811 0 0 |
654 0 0 |
|
Puriri ... ... ... |
... |
3,252 |
45 0 0 |
48 0 0 |
|
Pukerangiora ... ... |
... |
700 |
70 0 0 |
45 0 0 |
|
Mangakirikiri, No. 1 ... |
... |
1,683 |
... |
10 0 0 |
|
" No. 2 ... |
... |
386 |
20 0 0 |
... |
|
" No. 3 ... |
... |
1,673 |
... |
15 0 0 |
|
Moewni, No. 2, Mercury Bay ... |
... |
3,500 |
30 0 0 |
35 0 0 |
|
Whenuakite, No. 2 " ... |
... |
6,700 |
... |
5 0 0 |
|
Kaimarama " ... |
... |
8,300 |
... |
56 0 0 |
|
Omahu West ... ... |
... |
8,000 |
100 10 0 |
53 0 0 |
|
Runanga (Taupe District) ... |
... |
5,600 |
80 0 0 |
65 0 0 |
|
Waiau (Coromandel) ... |
... |
400 |
20 0 0 |
... |
|
To Aroha ... ... ... |
... |
100,000 |
... |
285 0 0 |
|
Puketui ... ... ... |
... |
5,000 |
... |
85 0 0 |
|
Mangarehu ... ... |
... |
1,825 |
... |
31 0 0 |
|
Mangarchu East ... ... |
... |
468 |
... |
20 0 0 |
|
Mataora ... ... ... |
... |
6,000 |
... |
15 0 0 |
|
Totals ... ... |
... |
|
1,818 10 0 |
1,606 0 0 |
Remarks.
Surveyed. Title investigated. Known to be auriferous.
Surveyed. Title will be investigated by Native Land Court in April next. Land of good quality.
Surveyed. Title to the largest portion settled by Native Land Court. Authorized to be purchased at any price not exceeding five thousand pounds.
Surveyed. Ipuwhakatori Title settled by Native Land Court. Owhataroa not investigated. Valuable from proximity to Shortland.
Surveyed. Title investigated. Hold survey lien for £65. Probable cost, 2s. 6d. per acre. Fronts Whangamata Harbour. Reported to be auriferous; from personal inspection think this is correct.
Will shortly be surveyed. Price not to exceed three shillings per acre, Land of excellent quality.
The only method of completing this purchase is to buy from hapus and individuals as opportunity occurs, The purchase of the Waikawau and Cape Colville Blocks is intimately connected with this district, and has materially assisted in breaking up the anti land-selling unity of the tribe, Ngotitaurotera. Probable cost, two shillings per acre. Much land of good quality in this block, irrespective of auriterous and hilly country. Know some part to be auriferous.
Surveyed. Some land of excellent quality on this block; gold being at present worked on it. Surveyed. Near Shortland.
Surveyed. Title settled by Native Laud Court. Land valuable on account of its proximity to Shortland. Probable cost, three shillings per acre. Gold in the blocks.
Under Survey. Probable cost, two shillings per acre. Position good. Gold found in immediate neighbourhood.
Surveyed. Title investigated by Court. Adjoins Kapowai, Tairua, To Puia, and Karo Blocks. Purchased by Government.
Surveyed. Title investigated by Court. Probable cost, two shillings per acre. Adjoins Te Weiti and Mutokirau Blocks. Purchased by Crown.
Surveyed, Part, near mein road from Shortland to Hikutaia, of excellent quality. Remainder hilly and auriferous, Joins the Omahau East Block, purchased by the Crown; extending to the coast. The purchase of this will add to the Hikutaia Block, and give the Crown an unbroken piece of country from the Thames to the East Coast.
This can now probably be more easily arranged from Napier with Tohau and. his party. The reason this payment was made was to detach Tohau and his party from Te Hira; their taking payment for land effected that object, and was the principal reason they left Ohinemuri for Taupo. As long as they remained at the Thames they assisted the anti-land-selling party to hold back Te Aroha and Ohinemuri.
Not surveyed. A small claim which will give a coast frontago and access to the Awakauao Block, previously purchased by the Crown.
Survey arranged for. This block can only be purchased in the same manner as Ohinemuri, from hapus and individuals. Probable cost, two shillings per acre. Some excellent land on this block. Am personally acquainted with the fact of some portion being auriferous.
Survey in progress. Adjoins Tairua, Hihi, and Piraunui, already purchased by Government, Probable cost, two shillings per acre.
Surveyed. Title investigated, Valuable from proximity to Shortland.
Not surveyed. Some of Ngatiporou anxious to sell in consequence of a quarrel with Ngatitamatera.
24th March, 1873. JAMES MACKAY, jun.
![]() |
4.211 223 |
▲back to top |
G.—8. 14
No. 11.
E. W. PUCKEY to the UNDER-SECRETARY, Native Department.
SIR,— Native Office, Thames, 21st April, 1873.
I have the honor to forward herewith a detailed statement of the purchase of the Thames foreshore, showing the progress of operations to the present time. This statement shows fully what has been done and what requires to be done. Had time permitted I intended to attach hereto a statement showing what moneys would be required to complete the purchase at the same rate as
which the purchases have hitherto been made.
Enclosure in No. 11.
RETERN SHOWING THE PURCHASED AND UNPURCHASED INTERESTS OF NATIVES TO THE FORESHORE
IN HAURAKI DISTRICT.
|
Name of Block. |
|
|
Name of Claimant. |
|
|
Amount Paid. |
|
Total. |
| ||
|
|
|
|
|
|
|
£ |
s. |
d. |
£ |
s. |
d. |
|
Kauaeranga, E. 14 B. |
... |
... |
Poihakene ... ... |
... |
... |
5 |
0 |
0 |
|
|
|
|
20 acres. |
|
|
Te Mariri ... ... |
... |
... |
5 |
0 |
0 |
|
|
|
|
|
|
|
Hona Taiawa ... |
... |
... |
5 |
0 |
0 |
|
|
|
|
|
|
|
Wiremu Turipona ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
|
|
Eruera te Ngahue ... |
... |
... |
12 |
0 |
0 |
|
|
|
|
|
|
|
Miriama Konehu ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
|
|
Piniha Pumoko ... |
... |
... |
5 |
0 |
0 |
|
|
|
|
|
|
|
Hoani Toarauawhea |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
56 |
0 |
0 |
|
Kauaeranga, E. 8 B. |
... |
... |
Eruera te Ngahue ... |
... |
... |
3 |
0 |
0 |
|
|
|
|
3 acres. |
|
|
Miriama Konehu ... |
... |
... |
3 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
6 |
0 |
0 |
|
Kauaeranga, E. 9 B. |
... |
... |
Matiu Poono ... |
... |
... |
4 |
0 |
0 |
|
|
|
|
4 acres. |
|
|
Karauna Koropango |
... |
... |
4 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
8 |
0 |
0 |
|
Kauaeranga, E. 10 B. |
... |
... |
Haora Tipa ... ... |
... |
... |
6 |
0 |
0 |
|
|
|
|
12 acres. |
|
|
Tamati Tangiteruru |
... |
... |
6 |
0 |
0 |
|
|
|
|
|
|
|
Harata Patene ... |
... |
... |
|
... |
|
|
|
|
|
|
|
|
Rawiri Takurua ... |
... |
... |
|
... |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
12 |
0 |
0 |
|
Kauaeranga, E. 11 B. |
... |
... |
Kitahi te Taniwha ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
28 acres. |
|
|
Hori Kerei Tuokioki |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
|
|
Renata Kitahi ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
|
|
Wata te Kura ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
|
|
Te Warau ... ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
|
|
Tini Maru ... ... |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
|
|
Matire te Arawhatiu |
... |
... |
8 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
56 |
0 |
0 |
|
Kauaeranga, E. 13 B. |
... |
... |
Reweti te Rangikawhiria |
... |
... |
14 |
15 |
0 |
|
|
|
|
59 acres. |
|
|
Miriama Konehu ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
|
|
Wiremu Turipona ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
|
|
Te Pukeroa ... ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
|
|
Ramarihi Oehua ... |
... |
|
14 |
15 |
0 |
|
|
|
|
|
|
|
Eruera te Ngahue ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
|
|
Pare Watana ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
|
|
Mere Watana ... |
... |
... |
14 |
15 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
118 |
0 |
0 |
|
Kauaeranga, E. 12 B. |
... |
... |
Reweti te Rangikawhiria |
... |
... |
9 |
5 |
0 |
|
|
|
|
37 acres. |
|
|
Te Beatu te Purekea |
... |
... |
9 |
5 |
0 |
|
|
|
|
|
|
|
Mohi Tautehere ... |
... |
... |
9 |
5 |
0 |
|
|
|
|
|
|
|
Mere Watana |
... |
... |
9 |
5 |
0 |
|
|
|
|
|
|
|
Hone Koura Horoiwi |
... |
... |
9 |
5 |
0 |
|
|
|
|
|
|
|
Raiha Reweti ... |
... |
... |
9 |
5 |
0 |
|
|
|
|
|
|
|
Mereana Reweti ... |
... |
... |
9 |
5 |
0 |
|
|
|
|
|
|
|
Aherata te Urumiha |
... |
... |
9 |
5 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
74 |
0 |
0 |
Carried forward ... ...
I have, &c.,
E. W. PUCKEY.
The Under-Secretary, Native Department, Wellington.
![]() |
4.212 224 |
▲back to top |
15 G.—8.
RETURN SHOWING THE PURCHASED AND UNPURCHASED INTEREST OF NATIVES—continued.
|
Name of Block. |
Name of Claimant. |
Amount Paid. |
Total. |
|
Tararu ... ... ... ... |
Brought forward ... ... Additional general payment to-— |
£ s. d. |
£ s. d. |
|
|
Eruera te Ngahue ... ... |
20 5 0 |
|
|
|
|
|
20 5 0 |
|
... | |||
|
Opitomako ... ... ... |
Rapana, Maunganoa, and others ... |
| |
|
30 acres. |
|
|
|
|
... | |||
|
Pukehinau, No. 1 ... ... ... |
Rapana Maunganoa ... ... |
| |
|
83 acres 1 rood 30 perches. |
|
|
|
|
150 0 0 | |||
|
Pukehinau, No. 2 ... ... ... |
Hohepa Para,one ... ... ... |
| |
|
50 acres. |
|
|
150 0 0 |
|
14 2 0 |
| ||
|
Moanataiari, No. 1 A. ... ... |
Marie Purewha ... ... ... | ||
|
11 acres 3 roods 4 perches. |
Watana Tuma ... ... ... |
14 2 0 |
|
|
|
Tereiti Tuma ... ... ... |
... |
|
|
|
Turuhira Rapana ... ... ... Matiu Kaimate ... ... ... |
14 5 0 14 5 0 |
|
|
|
|
|
56 14 0 |
|
57 0 0 0 | |||
|
Kauaeranga, No. 28 A. ... ... |
Nikorima Poutotara ... ... |
| |
|
14 acres 0 roods 25 perches. |
Pineba Marutuahu ... ... ... |
31 10 0 |
88 10 0 |
|
19 0 0 | |||
|
Moanataiari, No. 2 A. ... ... |
Aihe Pepene ... ... ... |
| |
|
6 acres 1 rood 36 perches. |
Hirawa te Moananui ... ... |
19 0 0 |
|
|
|
|
|
38 0 0 |
|
25 0 0 | |||
|
Moanataiari, No. 3 A. ... ... |
Tanumeba te Moananui ... ... |
| |
|
12 acres 2 roods 2 perches. |
Wiremu Kingi ... ... ... |
25 0 0 |
|
|
|
Mihi Kete ... ... ... ... |
25 0 0 |
|
|
|
|
|
75 0 0 |
|
3 15 0 | |||
|
Moanataiari, No. 4 A. ... ... |
Pirika te Ruipoto ... ... ... |
| |
|
2 acres 1 rood 24 perches. |
Parata te Mapu ... ... ... |
3 15 0 |
|
|
|
Pineha Marutuahu ... ... ... |
3 15 0 |
|
|
|
Waraki ... ... ... |
3 15 0 |
|
|
|
|
|
15 0 0 |
|
| |||
|
Moanataiari, No. 4 B. ... ... |
Rapana Maunganoa |
| |
|
17 acres 0 roods 8 perches. |
|
|
|
|
| |||
|
Moanataiari, No. 5 ... ... |
Hera te Waunga |
| |
|
6 acres 2 roods 10 perches. |
|
|
|
|
21 0 0 | |||
|
Moanataiari. No. 6 ... ... |
Matiu Poono |
| |
|
3 acres 2 roods 6 perches. |
|
|
21 0 0 |
|
10 0 0 | |||
|
Moanataiari, No. 7 ... ... |
Aperahama te Reiroa |
| |
|
4 acres 2 roods 38 perches. |
Tanumeha te Moananui |
10 5 0 |
|
|
|
Pineha te Marutuahu |
9 10 0 |
|
|
|
|
|
29 15 0 |
|
800 | |||
|
Moanataiari, No. 8 A. |
Aihe Pepene |
| |
|
2 acres 2 roods 12 perches. |
Hirawa te Moananui |
800 |
|
|
|
|
|
16 0 0 |
|
| |||
|
Moanataiari, No. 8 B. ... |
Rapana Maunganoa |
| |
|
11 acres 2 roods 10 perches. |
Turuhira Poha |
23 0 0 |
|
|
|
Pineaha, Marutuahu ••• ••• |
23 0 0 |
|
|
|
|
|
46 0 0 |
|
28 10 0 28 10 0 | |||
|
Moanataiari, No. 9 9 acres 2 roods 18 perches. |
Aperahama te Reiroa, Tanumeha te Moananui |
| |
|
|
|
|
57 0 0 |
|
| |||
|
Kauaeranga, S. 28 |
Hoterene Taipari |
| |
|
13 acres 1 rood. |
Wirope Hoterene Taipari |
|
|
|
|
Rapana Maunganoa |
|
|
|
Whakaruaki ... ... ... |
Hoterene Taipari |
|
|
|
10 acres 0 roods 19 perches. |
|
|
|
|
Ngakapa Whanaunga and general |
| ||
|
Rangiriri, L. ... ... ... |
| ||
|
2 acres 1 rood 38 perches. |
claim |
34 0 0 |
|
|
|
|
|
34 0 0 |
|
11 10 0 | |||
|
Rangiriri, H. ... |
Wiremu te Aramoana Whanaunga |
| |
|
5 acres 3 roods. |
|
|
11 10 0 |
|
Ripeka Anderson ••• |
5 15 0 | ||
|
Rangiriri, G. ... ... ... |
| ||
|
2 acres 3 roods 24 perches. |
|
|
5 15 0 |
|
Renata te Kiore |
5 15 0 | ||
|
Rangiriri, F. ... ... ... |
| ||
|
2 acres 3 roods 24 perches. |
|
|
5 15 0 |
|
|
|
|
Carried forward |
••• |
![]() |
4.213 225 |
▲back to top |
G.—8. 16
RETURN SHOWING THE PURCHASED AND UNPURCHASED INTEREST OF NATIVES—continued.
|
Name of Block. |
Name of Claimant. |
Amount paid. |
|
|
Total. |
|
|
|
|
Brought forward ... |
£ |
s. |
d. |
£ |
s. |
d. |
|
Rangiriri, A. ... |
Kitahi to Taniwha ... ... ... |
13 |
10 |
0 |
|
|
|
|
6 acres 3 roods. |
|
|
|
|
13 |
10 |
0 |
|
11 |
10 |
0 | |||||
|
Rangiriri, D. ... ... |
Te Kairaimaina ... ... . |
|
|
| |||
|
5 acres 3 roods. |
|
|
|
|
11 |
10 |
0 |
|
26 |
------- 5 |
0 | |||||
|
Nokenoke, B. ... ... ... |
Nikorima Poutotara ... ... |
|
|
| |||
|
13 acres 0 roods 25 perches. |
|
|
|
|
26 |
5 |
0 |
|
|
|
| |||||
|
Nokenoke, A. ... ... |
Matiu Kaimate ... |
|
|
| |||
|
9 acres 3 roods 11 perches. |
Rapana Maunganoa |
|
|
|
|
|
|
|
|
Wiriama Kiritahanga |
|
|
|
|
|
|
|
Whakaharatau, A. ... ... 7 acres 2 roods 13 perches. |
Raika Whakarongotai ... Hiria Rotorua ... Hera Tuhirae ... ... Teretiu te Kupenga |
15 |
5 |
0 |
|
|
|
|
|
|
|
|
|
15 |
5 |
0 |
|
Hangaruru ... ... ... |
Rapana Maunganoa |
|
|
|
|
|
|
|
7 acres 0 roods 20 perches. |
|
|
|
|
|
|
|
|
Tapuaeouenuku ... ... ... |
Raika Whakarongotai ... ... |
14 |
10 |
0 |
|
|
|
|
7 acres 0 roods 34 perches. |
|
|
|
|
14 |
10 |
0 |
|
Whakaupapa ... ... ... |
Wirope Hoterene Taipari ... ... |
|
|
|
|
|
|
|
14 acres 1 rood 19 perches. |
|
|
|
|
|
|
|
|
Te Tapuae . ... ... |
Hoani Nahe and Matene te Nga ... |
7 |
5 |
0 |
|
|
|
|
3 acres 2 roods 11 perches. |
|
|
|
|
7 |
5 |
0 |
|
Karaka .. ... ... ... |
Raika Whakarongotai ... ... |
53 |
5 |
0 |
|
|
|
|
17 acres 3 roods. |
|
|
|
|
53 |
5 |
0 |
|
General Claim ... ... |
Weremana Konui ... |
5 |
0 |
0 |
|
|
|
|
|
|
|
|
|
5 |
0 |
0 |
|
Kauaeranga, B. 10 ... ... |
Parata to Mapu ... ... .... |
28 |
2 |
6 |
|
|
|
|
14 acres 0 roods 10 perches. |
Waraki to Matapihi ... |
28 |
2 |
6 |
|
|
|
|
|
|
|
|
|
56 |
5 |
0 |
|
Kauaeranga, B. 11 ... ... |
Rupenete Whatuki self and Rehara |
|
|
|
|
|
|
|
8 acres 0 roods 14 perches. |
Ngawharawhara... ... |
32 |
7 |
6 |
|
|
|
|
|
|
|
|
|
32 |
7 |
6 |
|
Kauaeranga, B. 12 ... |
Hone te Huiraukura ... |
|
|
|
|
|
|
|
4 acres 2 roods. |
Hohepa Paraone ... ... ... |
|
... |
|
|
|
|
|
|
Maata Paraone ... |
2 |
10 |
0 |
|
|
|
|
|
Aporo te Kaka ... ... |
2 |
10 |
0 |
|
|
|
|
|
Hera te Waunga ... ... |
|
... |
|
|
|
|
|
|
Erana Ketu... ... ... ... |
5 |
0 |
0 |
|
|
|
|
|
Te Kepa te Wharau ... ... |
2 |
10 |
0 |
|
|
|
|
|
Karapuha ... ... ... ... |
2 |
10 |
0 |
|
|
|
|
|
|
|
|
|
15 |
0 |
0 |
|
Kauaeranga, 12 A. 10 acres 2 roods. |
Hone to Huiraukura Hohepa Paraone ... |
42 |
0 |
0 |
|
|
|
|
|
|
|
|
|
42 |
0 |
0 |
|
Kauaeranga, 13 A. ... |
Mango 0 ... ... ... ... |
|
... |
|
|
|
|
|
15 acres. |
Ngapari ... ... ... ... |
|
... |
|
|
|
|
|
|
Tanumeha te Moananui ... ... |
15 |
0 |
0 |
|
|
|
|
|
Aperahama te Reiroa ... ... |
15 |
0 |
0 |
|
|
|
|
|
|
|
|
|
30 |
0 |
0 |
|
Kauaeranga B. 13 |
Tanumeha te Moananui ... ... |
5 |
0 |
0 |
|
|
|
|
8 acres. |
Ngapari ... ... ... |
|
... |
|
|
|
|
|
|
Mango ... ... |
|
... |
|
|
|
|
|
|
Poro Koru ... |
5 |
0 |
0 |
|
|
|
|
|
Maata Paraone ... ... |
5 |
0 |
0 |
|
|
|
|
|
Wiriata Whaiapu ... |
|
... |
|
|
|
|
|
|
Hirawa ... ... ... ... |
5 |
0 |
0 |
|
|
|
|
General claim for Moanataiari |
|
|
|
|
20 |
0 |
0 |
|
No. 4— ... ... ... |
Te Kemara te Raruahuni ... ... |
3 |
15 |
0 |
|
|
|
|
|
Aihe Pepene ... ... |
5 |
0 |
0 |
|
|
|
|
|
|
|
— |
|
8 |
15 |
|
|
|
Total amount paid ... ... ... |
|
|
|
£1,351 |
1 |
6 |
![]() |
4.214 226 |
▲back to top |
17
No. 12.
The Hon. D. MCLEAN to LIEUT-COLONEL MCDONNELL.
SIR,— Wanganui, 30th November, 1871.
With reference to the instructions conveyed to you, in conjunction with Mr. Booth, to make enquiries as to the possibility of purchase from Natives of certain lands for the purpose of settlement, I have the honor to direct your attention to a block between the Mangawera and Wangaehu rivers, estimated to contain somewhere about 20,000 acres. In purchases of this nature, it is of the utmost importance that careful enquiry should first be made among the Native owners as to the prospects of completing the transaction without incurring the chance of any future trouble or disagreement.
You will, therefore, have to pay special attention to this, as the Government do not desire to acquire any land from the Natives, however valuable it may be, if the acquisition is attended with any risk of disturbance or revival of feuds among themselves.
You will proceed to examine this block, and report fully upon its capabilities, whether for grass, or corn lands, for timber, water, and any other points which it is desirable to be fully aware of.
You will also have the goodness to furnish the Under Secretary for Public Works with a rough sketch of it, as accurate as the circumstances will allow you to make, giving its proper boundaries; and in enumerating the latter, you will be very careful to ascertain that no mistakes can in future occur between the proposed settlers and the Government, but that a clear definition is given of the area with its limits.
You will also give me a clear idea as to what reserves it will be necessary to make for the Natives, in the case of these, discriminating most carefully their acreage. I have to request that you will lose no time in acquiring the information, and forwarding a report of it to the Government.
Should anything in the transactions occur affecting the Natives, I have to request that you will forward to me a copy of the report you furnish to the Under Secretary for Public Works.
I have, &c.,
Lieut.-Colonel McDonnell, Wanganui. DONALD MCLEAN.
No. 13.
Lieut.-Colonel MCDONNELL to the UNDER SECRELARY for PUBLIC WORKS.
Wanganui, 12th December, 1871. SIR,—
I have the honor to report that, accompanied by a Native, yesterday I rode out to have a look at the Pikopiko block of 3,600 acres. From what I saw, it appears to be a rough and thickly-wooded country, with only a few acres of flat land here and there. The available track to it is from the left bank of the Wanganui river, and a good road could be made this way to it for a trifling sum. The timber on the block will be valuable for fire wood, as it is near town., and though the land is hilly, the soil is of fair quality. I find on enquiry, that the Natives have only a leasing title to this piece of country. Should the Government think qf purchasing, and would wait for a few weeks, or perhaps days, I think some better land might be purchased, to include this block. There are 1,652 acres, Waimatau; 310 acres, Moetanga; and 900 acres, Mangaone. These lands adjoin the Pikopiko, and are near the probable main road to Taupo, and have all passed through the Land Court, with the exception of the 900 acre block; but this, in all probability, will pass this sitting. The whole will comprise a block of 6,462 acres, more or less.
The Natives ask 10s. an acre for the land at Pikopiko, but its value, I should say, would not be more than 2s. 6d. or 3s, an acre. The value of the other lands might be worth about 4s. an acre.
I have &c.,
The Under Secretary, Public Works, Wellington. THOMAS MCDONNELL.
No. 14.
Lieut.-Colonel MCDONNELL to the GENERAL GOVERNMENT AGENT, Auckland.
SIR,— Auckland, 10th July, 1872.
I have the honor to report, for the information of the Government, that in accordance with instructions I received from Mr. Clarke, the Civil Commissioner, I proceeded from Auckland to the Waimate, and from thence to Otawa, to make enquiries respecting the block of land named Waoku, offered for sale to the Government by Hora Puatata, Wiremu Pore, and other Chiefs.
I arrived at Otawa on the 25th June, a settlement on the Tahike, a branch of the Hokianga river. I held a meeting with the Natives, and the following morning I left with five guides, who were to show me over the country. About two miles from the settlement we entered the bush, travelled all day in the rain, and camped at nightfall, wet, tired, and hungry. The weather was of the worst description, and had it not been that we were fortunate enough to meet with and kill a wild cow, the fat of which I made the Natives burn for a fire, as there was no wood near that we could get to kindle, I doubt if we could have moved the next day from cramp and the exposure, as we bad neither blankets or other covering, excepting what we stood in. We passed a miserable night. In the morning the Natives bad decided to return. It would have been useless to proceed, if even I had been able, so we returned to the village, which we reached late on the evening of the following day. I again conversed
![]() |
4.215 227 |
▲back to top |
1873.
NEW ZEALAND.
REPORT OF THE SELECT COMMITTEE ON THE TIMBER
FLOATING BILL.
Report brought up 9th September, 1873, and ordered to be printed.
THE Committee are of opinion that the power possessed by lower holders on the banks of a creek, to obtain an injunction to prevent the floatage of timber by upper holders, is liable to be abused, to the injury of a most important industry. At the same time the Committee are of opinion that it would not be advisable hi some creeks, adjacent to which settlement is progressing, to permit the driving of timber except under stringent regulations.
The Committee recommend that the Bill should contain provisions by which it may be decided from time to time by competent authority what creeks shall be used for driving timber, and by which prompt compensation may be paid in case injury is done to holders of land on the banks of creeks.
The Committee recommend that the Act should apply only to creeks within any Province which from time to time the Superintendent of that Province shall appoint, with a power of revoking such appointment.
That only persons licensed so to do should float timber under this Act, and that licensees should give security adequate to meet the claims of any persons whose property they may damage.
JULIUS VOGEL,
Wellington, 9th September. 1873. Chairman.
MINUTES OF EVIDENCE.
THURSDAY, 2nd SEPTEMBER, 1873.
WILLIAM SWANSON, Esq., M.H.R., examined.
Mr. Swanson.
2nd Sept., 1873.
The Chairman.] You are a settler in the Province of Auckland, and have some experience in the matter to which this Bill refers ? Yes.
If we shut up this floating of timber down these creeks, would we not prevent forests from being utilized in many cases ? I do not think you would. I do not see that there would be any difficulty in bringing the timber out by ordinary roads or by tramways. My experience in getting timber out is confined to my own creek, Henderson's Creek, and Canty's Creek. What the position may be in other places, I cannot tell, but I do not think it would be difficult to make arrangements with the owners of land generally.
Are there not forests where it would be difficult to take tramways, but where the timber could be easily got out by floating or driving it down the creeks ? There may be.
You speak of your experience in certain creeks; would it have paid you as well to have made a tramway as to have floated out the logs ? No; it would not have paid me as well. I had not the means to make a tramway when I began. All the land on the creek belonged to the Government, and it was quite impossible for me to do any damage. Soon after settlers came below me: I had to stop. It paid me better to float the timber down.
Mr. Rolleston.] In any circumstances, the timber must be rolled for some distance. Could it , not as easily be put upon a tramway ? I believe that I could have taken the timber out by tramways, and still had a balance left in my favour. The profit would not have been so large.
The Chairman.] Would you have had any profit at all ? Yes; I would. I would have had to make a road foul miles in length.
Are there not some forests twenty miles from where the logs have to be sawn ? There may be; but I am not aware of it.
![]() |
4.216 228 |
▲back to top |
I.—2. 2
Mr. Swanson
2nd Sept., 1873.
What is the longest distance they drive timber down? I do not think anything like twenty miles. I have not seen any timber driven that distance. In many cases months may elapse before a fresh comes sufficient to bring down the logs. It sometimes may happen that a man may take a license, and cut down the nearest trees in the bush, and then roll them into the creek to be brought down by the first fresh. When the logs are driven down they may be left aground on laud belonging to a different owner.
Mr. Rolleston.] Would it not be practicable to take the mills up to the forests, and bring the timber down cut? They are doing that in some cases; it is the best plan where practicable. This system of driving, however, was so cheap, and answered the purpose so well for the owner of the timber, that it was theplan generally adopted.
The Chairman.] What is the average size of these streams? The streams on which dams were erected were generally small streams, and the dam made to aid the natural rise of the water; and when these dams were filled the water was let go by opening the gate.
Mr. Rolleston.] As a rule, you think that tramways could be constructed so as to get out the timber? Yes; I am satisfied the timber could be got out by tramways. I believe that tramways would ultimately be far more profitable; they would certainly be more profitable to the country, and far more timber would be got out by their means.
Mr. Gillies.] Is not timber now cut in places where they could not take tramways to bring it out? I have never yet seen the place where a tramway could not be taken, if there was timber enough to make it worth while. I can easily understand that there may be little patches here and there which it would not be worth while to take a tramway to; but if there is plenty of, it will pay to get it out by a tramway, and infinitely more will be taken out.
The Chairman.] It has been suggested to alter the Bill so that no one should have a right to float timber without a license from the Superintendent; that the. Superintendent should declare a creek subject to the provisions of the Act; that before licenses were issued regulations should be made; and that persons holding licenses should deposit security to cover any damage that might be done to existing holders; and finally, that an easy remedy should be given to persons having property on the stream. How do you think that would act? When a man commences cutting, he might not be able to do damage to the extent of sixpence. But farmers, wool scourers, tanners, and other businesses of that sort may be established, and his stakes would have to be increased with every one who came below him, and with everything they did. A farmer might come below him, and in a single night the whole of his soil might be washed away.
Are there not creeks which might be used for this purpose which are not available for agricultural purposes? There may be. Mr. Henderson bought his creek from head to, so as to prevent any claims from persons below where he cut his timber.
Mr. Gillies.] At those saw-mills of Captain Daldy at Waikawau, at Cabbage Bay, and at other creeks on the Coromandel Peninsula, there is very little flat land which could be used for agricultural purposes? I do not know much of those places. It seems to me that the fair way would be to treat these mill-owners precisely as any company would be treated, and let them give notice to the owners of property on the banks of the streams they wish to use. This is a matter I considered years ago, and we tried to get a measure passed so that for the future forests would. be sold with these rights. The Provincial Solicitor, Mr. Wynn, was quite willing to go into the matter, but we found that much more would be lost than would be gained. The obstacle was not so much the mischief which would be done as the good which would be prevented, as all operations below would be paralyzed. Any deposit that would be put down would remain stationary, while all manner of improvements would be increasing. A large bush would fetch much more if sold with these rights; but the land below would fetch a great deal less. I think these mill-owners ought to be put in the same position as private companies, and if they want these rights in regard to particular creeks, let them come to the Assembly or to the Provincial Council and seek for them, after having given due notice to the parties whose rights are affected, and giving them the opportunity of opposing. I am perfectly satisfied that those residing on creeks where no harm could be done would not object, or would be very easily settled with.
Mr. Kelly.] A man might acquire an acre on a creek and prevent any person from taking timber down? If the Government give a man rights, then the company would have to buy him out under an arbitration as to value.
Suppose that no injury was done to him? Then he would have no claim for compensation. A man may have his house near one of these creeks, and there may be above a " jam " of logs, which will be a perpetual source of terror for months: A fresh may come at any time, night or day, and sweep. away the house, or any crop he may have on the land, especially if it is cut; and there is no protection in this Bill. This Bill ought to have been circulated through the Provinces to give a chance to those interested in the banks of the creeks of petitioning against it.
Mr. Rolleston.] Would you say it was a question of capital, and that for a man of capital it would be a more economical and better way to get the timber out by a tramway? Yes; and it would certainly be better for the country, as much more would be got out. The timber would not then have to lie in the creeks for months, sometimes for years, rotting; it would be cut only when it was wanted, and in such lengths as were wanted; and much of the tops of the trees, which are now wasted, could be used. I am aware that timber has been and is now being got out by means of a tramway. Mr. Gibbons has a mill on one of the Education Reserves, and he is now making a tramway to bring the timber out by, and on this tramway there is a tunnel. By this a large quantity of timber will be made available. Mr. Gibbons is a man who thoroughly understands his business.
If the suggestions that have been made were embodied in the Act, do you think people would be able to avail themselves of them A man might buy a piece of laud on which the fern was growing, and where, so long as that was the case, but little damage could be done, but after he had ploughed it, the soil might be carried away altogether, or the crop, if one was on the ground and not secured. The deposit, which might have been ample when the man took out the license to cut the timber, would be quite insufficient, or would require to be continually changing with every day's work, and every pound of expenditure on the part of the owners of the creek below. When I went on to the creek
![]() |
4.217 229 |
▲back to top |
3 I.—2.
where I cut timber, £10 paid to the Government would have been sufficient for all the damage I could possibly have done, while £500 would not have been sufficient on the day I left.
Mr. Kelly.] Are there not streams which have been used for twenty years for bringing down timber, where no injury has been done? In streams which have been used for that time, the floods are not likely to rise above the banks. The effect of the driving would be to widen the bed of the stream, so that the stream would not be so likely to get over the banks. But a bush must have been very sleepily worked not to have been worked out before that. There is generally very little trouble in dealing with the people living on the banks of these streams, unless where they are liable to great damage, or the land is flat or low. It is of importance to keep the logs in the stream, and the people are generally ready to aid in pushing the logs in the current, or in calling the men if a jam takes place and to assist in breaking it up while the flood lasts—that is, always supposing there is a good understanding between the parties.
Mr. O' Conor.] The security that would be required, if security had to be lodged for possible damage, would be so great as almost to make it impossible for any party to avail himself of the Bill for the purpose of getting timber out? I say that legislation in this direction, without notice to the parties affected, is vicious and wrong. I think it wrong to deprive men of rights which they have got and paid for, without warning, and to confer rights on men which they have not got and have not paid for, without any equivalent either to the country or to the individuals liable to be injured. Any legislation of this sort ought to be prospective, and not retrospective, for if this Bill becomes law, and any damage is done, and the person affected fails to get compensation, he might come to the Assembly, and he would have a good claim on this House for any loss he has sustained through its action. It must be remembered that the owners of the mills are generally richer men than the farmers, and also that in many cases the men cutting the timber have no interest in the land, but are cutting on a license or lease, or sometimes by contract.
Mr. Gillies.] Is it not a fact that at many of those streams there are no settlers at all, except the mill-owner and those employed by him, and that there is very little flat land upon which settlement is likely to take place? I am not sufficiently acquainted with the country to say, but in those cases it would be easier for the bushmen to settle with the people below. If there were no settlers, there would be no trouble. I think mill-owners should be dealt with exactly as a gas company, and that they should be made to give notice if they seek to invade ether people's rights. It must be remembered that a fresh might come at night, and that damage might be done which the parties could not prove at all. The Bill provides that no damages can be got unless they can be absolutely proved.
Mr. Swanso
2nd
THURSDAY, 4TH SEPTEMBER.
Mr. JOHN SANGSTER MACFARLANE present, and examined.
The Chairman.] The Committee do not want to know as to any particular case, but as to the general applicability of this Bill? The Biil is framed to apply to every mill in the Province of Auckland, except those where the mill-owner owns all the land down to the sea. It is required for every mill except in those cases. In some cases timber comes thirty or forty miles from the forest.
The Committee has been informed by evidence before it, that many forests could be served by tramways, and that to bring the timber down the creeks is a wasteful way? In some cases tramways are used to bring the logs to the creeks, but the mills are at the bottom of the creeks where the ships have to be loaded. Tramways are not used to any extent, except at the Hauraki mill.
If you take the case of Whangapoua as an instance, is it not practicable to take a tramway down that creek to a place where the timber could be shipped? It would be utterly impossible. The The timber is at least thirty miles from the mill, reckoning the circuit in which a train could be made. It grows up in gullies, and would have to come down a long flat, with mangrove swamps, and mud and shingle.
What is the distance which the timber is now floated down the creek? I should think now about twenty Miles.
And you say it is not possible to get a tramway up? It is utterly impossible. Some of the mills might make a tramway for some distance, but it would be impossible to take them into the creeks where the timber grows, excepting at a cost exceeding value of timber.
Mr Rolleston.] What is the elevation of the places where the timber is growing at Whangapoua? The elevation is becoming greater the further we go back. It is at a moderate elevation now, perhaps about 500 to 1000 feet is what I am told; but I do not know exactly, though I visited the creek.
The Chairman.] Why is it impossible to take a tramway up? There are large mangrove swamps, and the tramway would have to run round the heads of the bays. From the mouth of the creek round the bays would be about ten miles.
The Committee wish to know, not whether tramways could be made to the sites of particular mills, but whether it is not practicable, the saw-mills being placed amongst the timber, to bring the logs down by tramway? I have been thirty years in this trade, and I know no mill, with the exception of the Hauraki saw-mill, where tramways would be of any use. It would not pay to bring the timber out by a tramway at Whangapoua. There are £20,000 worth of timber in that creek, and it would not make a tramway. At the very next creek to Whangapoua, Opitonui, which is held by the Messrs. Harris, who oppose this bill, it would be impossible to use a tramway. It is the same at Roe's mill, at the Huia, and at Whitaker and Russell's immense mill at Shortland, Mercury Bay mills, Tairoa mill, Wangaroa mill. and all others, where the logs have to be brought, in some instances, fifty miles down the creek.
Mr. Swanson, who has been examined, said that he could not imagine any place where the timber was driven more than twenty miles? At Messrs. Whitaker and Russell's mill the logs are brought fifty miles.
Mr. Macfarlane
4th Sept., 1873.
![]() |
4.218 230 |
▲back to top |
I—2. 4
Mr. Macfarlane. 32. Mr. Rolleston.] What is the condition of a log that has travelled any great distance in the
creek ? A few of them will have the bark off.
4th Sept., 1873.
What sort of sized creeks are these ? Small creeks, which are dry part of the year. The logs
are brought down by the freshes. At John Gibbons' mill, on the Thames, the timber is brought a distance of ten miles. At neither of these mills is it practicable to use a tramway. A survey was made at Gibbons' mill to ascertain if it was practicable, but the report was that it was not practicable on account of the expense, which would be enormous.
The Chairman.] It is alleged that driving the timber by natural freshes is liable to do damage where there are farmers settled on the banks of the streams ? No such thing. In all my experience I have never had but one claim. When a claim was made upon Mr. Roe for £2,000 damages, I immediately went and made inquiries, and bought the land from the mortgagee, so that Mr. Roe could go on working his mill. So little did I think of it that I have never asked Mr. Roe for one shilling. The claim was for £2,000, said to be for injury to the banks.
Mr. Kelly.] What did you pay for the land ? £300. It was mortgaged to the Bank of Australasia for £500. There were 800 acres of it.
The Chairman.] In those creeks which you have spoken of, where there are saw-mills, there are no farms which might be ruined? There are no such things as farms ; still, I should like to see the clauses I have handed in put into the bill for providing compensation.
In your opinion, there are no creeks in the Province of Auckland where damage is likely to be done by the floating of timber? No, not £50 damage could be done.
Would there not be danger in some cases to persons living on the banks of such streams? Not at all; I never had a complaint until this case at Whangapoua. Roe's was the second complaint I ever heard. I never heard of any danger of any description.
Mr. Kelly.] Where the saw-mills are at present situated there are no small farms? There is no cultivation at all on any creek on which sawing timber is carried on that I know of.
Mr. Rolleston.] All these forests you speak of are of kauri ? All except the forest used by the Hauraki saw-mill, which is of kahikatea.
Mr. Kelly.] How many men do you think are employed in the North Island in the timber trade. It is a very large trade, taking into the account the vessels employed ? It is the trade of Auckland.
If such a Bill as this were not passed, would the trade be greatly injured ? I tried last session to get such a Bill passed. This matter has cost me thousands of pounds already. If I could. be stopped, it would be ruin to the forest and the mills.
Mr. Rolleston.] Would this Bill prevent pending proceedings in any way ? No the Bill provides for payment for damages. It says that if any damage is done, it must be paid for.
It could not interfere with any action now before the Supreme Court? No, It has always been thought legal to use these creeks. Mr. Gillies maintained that it was legal to work these creeks without legislation Bo long as dams were not used. The Judge of the Supreme Court decided that it was not legal to use them without legislation.
Mr. Kelly.] Can you give the Committee any idea why Mr. Harris opposes this Bill ? He simply opposes the Bill for this one creek. He has got some flat land at the bottom, and he opposes the Bill simply to shut up my forest. This Bill merely legalizes the floating of timber down the creeks, so that the forests may be worked.
The Chairman.] Would this Bill prevent Mr. Harris from recovering any damage he may have hitherto sustained ? Not at all. He has applied for an injunction to prevent the loge coming down. This Bill would prevent him from getting an injunction, but still enables him to recover any damages.
Have you got any report of the remarks made by the Judge at the trial ? I was at the trial myself. The Judge saaid it was a nice point.. He said be hoped it would go to the Privy Council. He said he would rule that these rivers could not be used for floating timber without legislation. He said he hoped the matter would not rest there, but would be taken not only to the Court of Appeal; but to the Privy Council.
Did he indicate anything with respect to the legislation ? He said nothing but legislation would do.
M-r. Ormond.] What damage is done to the timber by floating it down the creeks ? There is no such thing as waste. If it cannot be taken down by floating it, thousands and hundreds of thousands of pounds worth of timber will be valueless.
The Chairman.] What percentage of loss is there on timber floated as compared with taking it down by a tramway ? How much is lost by the logs going out to sea, being distributed over land, by damage on the way down, and by rotting ? Logs are frequently left to rot. That cannot be helped. I have examined thousands of logs at the booms, and never saw any damage. On one occasion a number of logs went to sea at Whangapoua. Harris bad an injunction against certain logs being touched, but they floated and went to sea. But at all the saw-mills there are booms which prevent the logs from going to sea. I do not think there is 1 per cent. of loss from floatage.
Do freshes not sometimes take the logs to sea ? These booms are fastened by enormous chains, so as to prevent freshes from taking the logs to sea, and they do prevent it, unless in exceptional cases.
Mr. Ormond.] How do they prepare the logs before floating them to the mill ? The bark is kept on. The bark and sap arc worth very little. The logs are simply cross cut.
What proportion of waste do you think there is from timber remaining in the creeks—from the logs that rot ? I can hardly say. It is bad management when there are many logs rotting in the creek. Sometimes a man will fell a tree, and find that it is a bad one, and that it would not pay to take it down.
Mr. Bolleston.] I have seen a great number of logs lying squared in the Hokianga River. 'Were these squared before they were brought down? Yes. These are squared for export. When these are felled, they are dragged out by bullocks. These trees are got close to the river. They have never been driven down. They are too valuable to be cut at a mill, but are exported to Australia and China.
![]() |
4.219 231 |
▲back to top |
5 I.—2.
Mr. Kelly.] You are aware that certain Natives have petitioned against this Bill? The Mr. Maefarlane, Natives have been misinformed about the Bill. They do not know the nature of the Bill. 4th Sept., 18
Have you had any conversation with Mr. Swanson about this Bill? Yes. Mr. Swanson has urged me to enter into partnership with Harris, That has been the burden of his song. He told me that he would not oppose the Bill. He said not to call upon him for evidence.
The Chairman.] Without going into the particulars of this case of yours, was there not some protest signed by the jury to be put in? The jury said that Craig had been robbed of his logs. That has not much reference to this case.
5S. Mr. McGlashan.] Speaking of tramways, would not some of these logs be of such length and weight that a tramway could not carry them? A tramway could be used for kahikatea logs, but not for a kauri forest. We sent a surveyor to one forest nearest to the sea on account of certain parties in Melbourne, and he reported that a tramway would cost thousands of pounds.
The Chairman read a portion of M r. Swanson's evidence with reference to the danger to the dwellers on the banks of streams when logs were driven down.
Is there no danger to the neighbouring land? I never heard of such a thing. I have been thirty years in the trade. I am the mortgagee of five different mills, and have £30,000 invested in mills. I never had a claim except those two I have mentioned. I take a part in the management of those mills, and export all the timber. I would wish the Bill to provide most ample security for damage. I say that evidence of Mr. Swanson's is utterly wrong. There are no farms or houses on any kauri creek I know.
Mr. McGlashan-] I understand you to say that unless this floating of timber is allowed, these forests will practically be shut up? They will not be of a quarter the value they otherwise would have been. These people who own the land on the creeks could get them at their own price.
The Chairman.] I understand you to say that Harris is the owner of the land below a forest in which you are interested; you say that if you have not the right to float timber down, your forest would be absolutely useless? Yes. Harris got half a chain across the river. The land he has got on one side of the river is not worth £5. My forest would be perfectly valueless if I had not the right to float timber. There are £20,000 worth of timber i n the bush.
Have you any tramways up in the bush? It would be impossible to make tramways. A few light rails are put down to move the logs, but these cannot be called tramways. The rails are shifted about to get logs into the creeks.
The forest at Whangapoua was bought ten years or more ago, and the mill then built at a cost of over £5,000. Harris got the land or mud bank at the bottom of the creek lately; it was considered valueless till he bought it, and is worthless now excepting to use as an instrument of extortion.
THURSDAY, 4TH SEPTEMBER.
M r. E.T. BRISSENDEN present and examined. Mr. Brissenden.
The Chairman.] Y ou have some evidence to give the Committee with respect to the floatage 4th Sept., 1873 of timber? I have had a great deal of experience in the matter, to some extent in the Province of Auckland. I have read this Bill, and in respect of making the creeks the highways for bringing downtimber?, I do not see any other way of utilizing the forests. From the frightful expense of making tramways, it would be impossible to utilize the timber. I have had experience in respect to tramways in California and other parts of the United States. In these places, the timber was sometimes got down by flaming, but usually the creeks are made use of. The tributary creeks were made use of as driving creeks. At the Tairua mill, which I visited in connection with a proposed purchase by some Melbourne people, there are 52,000 acres of forest running right through to Kati kati . Of the large quantity of timber there, there is very littl e on the main stream. The timber is mostly near small streams, which for nine or ten months in the year are chains of insignificant water-holes, and a flood would hare to be waited for. B ut on account of the rough nature of the country, tramways could not be used. Any tramway would have to be like a railway in point of strength and expense.
Mr. McGlashan.] What would be the expense of a tramway per mile through such a country? It would cost £7,000 per mile. Y ou can only penetrate the country by following the bed of the watercourses.
Supposing the land fit for a tramway, can you give any idea of the expense it would be? Probably £2,000 a mile. Any tramway for such a purpose must be a good substantial railway. Of course wooden rails would be used, but it would be expensive, as it would have to be thoroughly substantial. In many places it could not possibly be done, because the fall is too great, and the waggons could not be got back again. I may say that I have no interest in this matter. I was only asked to look at the Tairua forest by people who were prepared to offer a large sum for it. I was asked as to a tramway and the watercourses; and I pointed out that, as to the latter, people might have land further down, and if logs got on their land they might have a claim for damages, and might stop the channel altogether.
Did those people you speak of refuse to go any further on account that? That was one very great obstacle.
Mr. Kelly.] How many miles is the end of the forest from the Tairua? I should say about thirty miles at the extreme.
Would it cost as much to construct a tramway as the timber was worth at the end? I do not believe you could get a tramway at all, as in many places you could not get the trucks back. There are a number of precipitous gullies.
Mr. O'Conor.] Y ou state that the weight of the logs would be a great obstacle to the working of a cheap tramway. In all your evidence I understand you refer to one particular place? No; I, have been at Kai para, the Wairoa, and at most of the bushes in the North Island. In some places
![]() |
4.220 232 |
▲back to top |
Mr. Brissenden. 4th Sept., 1873.
Mr. Ilaleombe. 4th Sept., 1873.
Mr. Henderson. bth Sept., 1873.
I.-2. 6
there are short tramways, where there is a piece of bush on a table land, merely for transporting the logs to the bead of the gully, and then the creek is used.
You have only seen tramways used in flat country ? Yes, only in flat country. I may instance 'the Hauraki saw-mill, where the timber is got from a kahikatea forest, covering 30,000 or 40,000 acres of swamp, and where tramways are used. The trees there are very close, and the tram-ways are used to get them down to the mud creeks. The water is all tidal.
Can you give us any idea of the loss by the process of floatage ? I could only give a rough guess. The loss is sometimes heavy through floods. I have been informed that Captain Daldy lost two years' work by one flood. That was because of neglect in not having the booms in proper order. I may state that Captain Daldy recovered most of the logs, but the cost of so doing was
as much as the logs were worth, I may say that I have not been practically working timber in New Zealand.
Are you aware whether these creeks have been used for bringing down anything but the trunks ? I am not aware. They do not float down the upper parts of trees, because if they did they would stop the creeks. Before they use a creek at present they have to clear it of snags and obstructions.
In your evidence you have only referred to kauri forests ? Yes; but there are occasionally hardwood trees.
Would these woods float ? I think some of them could be floated.
Mr. Mc. Glashan.] Would these branches and tops of trees be of any use ? Not the slightest; it would not be the interest of any lumberer to do anything with them.
The Chairman.] Could they be utilized if there were a tramway ? I do not see how they could:
THURSDAY, 4TH SEPTEMBER.
Mr. ARTHUR FOLLETT HALCOMBE examined.
. 77. I wish to give evidence as to the necessity of such a measure in this Province of Wellington, and to state that in my opinion it is of great importance that the use of the streams for the floatage of timber should be made legal, and I would instance the district in which I am particularly interested—namely, Manawatu. (Mr. Halcombe produced map.) This stream, the Oroua, runs through' a large extent of country, and the whole of it 011 one side, and part of the other side, is bush land, the trees being chiefly totara. It is a narrow stream, and I believe there is no legal right to make use of it for floating timber. The stream is amply sufficient to float down railway sleepers from this point (in- . dicated) to where they can be carried down the Manawatu. By floating them sleepers can be taken down at not more than half the price it would cost to take them to Foxton by tramway. I consider it a matter of great importance that this means of carriage should be available. These rivers being available, it is proposed to bring down large quantities of sleepers at once. The timber I speak of is on Colonel Feilding's block. Railway sleepers may also be floated down the River Pohangina. The timber will merely be floated down without diminishing the stream. The Oroua is only a chain wide. It is not a navigable river.
The Chairman.] If this Bill does not pass, the owners of the land on the stream may prevent you taking the timber down ? Yes ; they may. We should not be able to use it.
Are you willing to pay damage that may be caused through the floating down of the. timber ? Yes ; but I do not think any damage whatever would be done. We should merely make use of the stream in its natural state.
Suppose at any time a fresh were to occur, and that then your timber should do damage ? Possibly some damage might be done in a fresh to the projecting points of land.
Mr. Kelly.] Is that a valuable bush upon that block ? It is either very light or very heavy. The heavy bush is totara and matai ; the light bush is tawa. There is a large Native reserve on the river, twelve miles by two, a large proportion of which is covered with totara.
Can you float the matai ? Some of the matai may float when it is dry, but it is doubtful.
The Chairman.] We have been told that by the floating of timber at periods of fresh, there is liable to be ruin and devastation along the banks. Is that your experience ? I have not had much experience in the floating of timber. 'My experience goes to show that logs do no damage in floating except to themselves. Of course, I can easily understand that, where no damage might be caused so long as the land on the river banks remained in its natural stater that damage might take place when the land was cleared. There are many streams in the Province of Wellington in the same position as these I have referred to, leading into the bush country; and which might be made use of for bringing down timber, and where the Otpense of making tramways would be enormous.
We have been informed that tramways could be used in almost all cases ? No doubt tramways could be made, but to have the timber brought down by the creeks would be an enormous saving of capital.
Mr. O'Cbnor.] In this particular case, there is a tramway to the land, but by a roundabout road ? There is not one at present, and probably it will be eighteen months or two years before it is ready, whereas it is proposed immediately to commence floating down these sleepers.
I understand you to say that it would be impossible, as the law stands, for you to float down timber? Not impossible, but we should be liable to be stopped at any moment. We should merely be doing it on sufferance.
FRIDAY, 5T11 SEPTEMBER, 1873.
Thomas HENDERSON, Esq., M.H.R., examined.
The Chairman.] You have much knowledge of the timber trade, I believe ? I have bad a good deal of experience in bygone years.
It has been represented to the Committee, on one hand, that the power to drive timber in creeks is liable to be used so as to do immense injury to property. On the other hand, it has been
![]() |
4.221 233 |
▲back to top |
7 I.—3.
represented to the Committee, that until quite lately, it has always been supposed, in the Auckland Province, that people were free to use the creeks, being l i abl e only for the absolute damage that might be done by driving, and that they could not be prevented by injunction from using the creeks. Further, it has been represented to the Committee, that if a holder upon the lower part of a creek can, as appears to be the case, by injunction, prevent holders on the upper part from using the creek for ti mber fl oati ng, an immense injury may be done to a very large and useful industry—that it may, in fact, be entirely paralyzed. Again, it has been represented to us, that no such result woul d fol low from preventing floatage, because, in all important cases, tramways could be used with greater general advantage and less waste than is possible in driving. That is an outline of the confl i cti ng evidence put before us; and the Committee will be glad if you will give your opinion upon the several points involved? I can speak as far as my own experience goes. There were three creeks leading to my forest. I had land on both sides of the creeks—bought it on purpose, in fact, so as not to be prevented from driving from my own forests. But I believe now, from all I know, that, if I had to begin the thing again, I would not drive timber by the creeks. For this reason—the only really valuable portions of my land are on the banks of the creeks— in small bottoms, and l i ttl epatches on points. To allow timber to be driven now, in any other way than by natural freshes, involves the risk of the best land being carried away. At the ti me I speak of, when I used to drive, there were no cultivations at all near the streams, and what was done di d not matter much to anybody. But I can see the effect of it now. The main creek is three times wider than it was, so that a vast quantity of land must be carried away, or have been carried away. Where driving is confined to natural freshes, there is less risk of damage than where dams are used. Because, when a dam isfilled, and there is, perhaps, a large lot of timber which has been lyi ng in the creek for months, and a fall of rain commences, to avail of such there is a great temptation to let everything go at once, and to take the chance whether or not a great deal of damage is done below.
Then are there no creeks upon which you would consider it desirable still to allow the driving of timber? It would be desirable in many cases, so long as the parties are agreed. On my creeks I could have stopped it possibly, but I did not do it, I didn't want to stand in the way of prosecuting an industry. I would stand in the way now, though, because I will not have the risk of injury to property.
Do you think it right that a lower holder on a creek should be able absolutely to prohi bit the use of the stream by upper holders, if he chooses to do so? It has been a right hitherto. You might legislatefor the future and make it conditional.
If an upper holder were wi l l i ng to pay for any damage he might do by driving, woul d you allow any lower holder to say, "You shall not drive?" I don't think anybody woul d real ly stand in the way.
B ut that is the whole point. I wish to know whether you think there should be an absolute power, by an injunction, to stop driving, or whether you think it would be enough if persons so using a creek were compel led to pay for any damage done? The difficulty is, Who would pay for damage? The real owner of the ti mber by which it was done, or which was coming down when it was done, you might not be able to reach.
But we propose to allow creeks to be used only by licensed persons, and that they shall deposit ample security for the payment of damages. Would that meet the case? That woul d: or getting some responsible persons to enter into bonds.
That is proposed: that there shal l be substantial bonds given. Those who use creeks must be licensed, and they would be answerable for the consequences of the acts of their servants? Yes. But, still, I must say that if I had to begin again, I would not drivetimber. I think it is the least profitable way of doing the thing.
Would you say that that applied to all creeks? To all I have seen.
Mr. Macfarl ane told us that he had, in one case, to send timber down thirty or forty miles. Would what yon say apply there? Thirty or forty miles, I think that's a stretch. I don't know of any timber creek that l ength, where you woul d have to float timber that distance.
Major Atkinson. ]. How would you get timber down, if not by driving? By tramways..
Mr. McGlashan-] Could tramways be made available in all cases? I think so. Ours was as rough a bit of bush as there is in the country, probably. We had tramways.
To get the timber out of the bush? Yes; but there woul d be no great di f f i cul ty that I see, in extend i ng the tramway to salt water.
W hat i s the comparative val ue of the l and destroyed, and of the ti mber taken off the l and, say in the case of your mill? Well, I don't know that any land has been absolutely destroyed— except what has been carried away. As to value, that would entirely depend upon what is on the land.. There may be £20,000 worth of property on the land, and there may not be £20 worth. There is this danger, that if logs weighing two or three tons, as I have seen them, are coming down stream, and there is a mill on the banks, things connected with the mill, or the mill itself, may be struck by the logs and carried away. We had a fresh in our own creek that swept away living trees, booms, dam, and very nearly the mill. On that occasion, some 500 or 600 logs were swept out to sea; and had it not been that a large tree got across the dam before it gave way, nothing could have stopped the mil l being swept off. It's a very difficult question to deal with. On the one hand, it would be a great pi ty to stop such an industry by the liability to have driving prevented; but, on the other hand, I would never drive timber in creeks myself now. You see there are so many disadvantages that are only known by experience. In the first instance, you have to get timber ready in the creek for a fresh, or something to fill the dam; and there i t may lay for months, or for years, just rotting. By cutting timber in the bush as you want it, and bringing it out by tramways, you get it to market fresh, and so much the more valuable. In our creek we cannot get auy length of timber down; and when timber is long, it is worth perhaps twice as much as if it was short.
Mr. O'Conor.] I underatand you to say that the loss on fl oatage of timber is very great, even on what is absolutely floated down? Yes.
Mr. Henderson.
5th Sept, 1873.
![]() |
4.222 234 |
▲back to top |
Mr. Henderson 5th Sept., 1873
Major Wilson.
5th Sept., 1873
I.-2. 8
And that a great quantity of what is put into creeks is swept to sea, and lost altogether ? Occasionally.
And that what is safely floated down does a deal of damage on its passage? Yes.
The Chairman.] Even with booms ? Even with booms ; it carries booms and all away, often.
Mr. O'Conor.] Is there any truth in what has been stated that sometimes losses at sea have been supposed to have occurred from vessels striking against great trees that have been washed down out of floatage creeks ? It may have occurred. These great logs striking against a boom, the boom goes, and anything within the boom must go, too.
What proportion of floated timber is lost ? I have no idea. I know that we were once after a lot of timber for six months, and then we did not get it all.
But the loss is very great ? Considerable. I think there is always great loss from its laying so long for artificial freshes. Besides, if timber is floated by natural freshes, there is not so much damage ; but, of course, the inducement to build dams and use artificial freshes is to get a lot of timber down quickly.
Major Atkinson.] You think there is less damage done in driving with a dam ? No, more ; because there is such an immediate rush of water. A natural fresh drives the timber gradually.
Mr. O'Conor.] Is any timber left in forests when they are cleared by means of floatage ? Oh, yes ; all the heavy timber—totara, rimu, and rata, and many other woods remain. Of course, those kinds are carted out occasionally.
Major Atkinson.] Don't you drive totara ? No.
Nor rimu? , No.
Mr. Ormond.] Why ? Because it sinks.
Mr. O'Conor.] You say, there is no getting long timber by floatage ? No. I tried the experiment once, to get down 60-feet logs or lengths ; but it caused a jam that took us eighteen months to get rid of. The longest we could send down with safety, was 24 feet.
Regarding the timber of the country as public property, by which method could it be utilized to the greatest extent—floatage or tramways ? That would depend upon the features of the country. In some places, they might not be able to get tramways.
Mr. Kelly.] Have you seen any of the East Coast mills ? No.
Mr. O'Conor.] Speaking of your own knowledge, which would be the most useful system, with the view of ultilizing the greatest quantity of timber ? I can only offer an opinion as to my own forests. But from what I have seen, I say that anywhere where it was practicable to construct a tramway I would not drive.
Major Atkinson.] Can you name some of the mills you have seen, and as to which you have formed your opinion ? I only know my own.
The Chairman.] Is your knowledge confined to your own creek and mill ? Principally. 1 have been to other mills ; but I have not been much amongst other people's forests or bush.
It was given in evidence yesterday, that there are some saw-mills supplied with timber by using creeks, but to which the timber could not be brought by any other means, except at a cost that would make working impossible? That might be.
Can you say whether that is correct or not ? I cannot.
Mr. Henderson was thanked by the Chairman ; and he withdrew.
FBIDAT, 5TH SEPTEMBER, 1873.
Major JOHN WILSON in attendance.
The Chairman.] You have some evidence to give to the Committee, I believe? I do not know
•
whether it might be worth while to take down what I have to state. It is not evidence really connected with the Timber Floatage Bill. I simply wish to make a statement to this effect: Te Waharoa and Te Raihi (two Waikato Natives) came to me and told me that some Natives, including Karaitiana,* and some whites, had been telling them that the Government wished to take their rivers from them by this Bill. They explained to me what they meant by this. I told them that, as far as I knew, what was desired was simply to allow people who had timber or crops, or anything of the kind, inland, to bring the things to a market—that it was meant to make rivers highways, the same as roads, but that it was certainly not meant to take the rivers away from the Natives. That seemed to satisfy them, though they had been very dissatisfied before. I have no evidence to give respecting the Bill as a Bill. I have no knowledge of floatage or anything of the kind.
Major Wilson was thanked, and he withdrew.
J. MUNRO, Esq., M.H.R., to the CHAIRMAN of the TIMBER FLOATING BILL COMMITTEE.
SIR,— Wellington, 8th September, 1873.
In answer to your question, "if I was aware that a lawsuit took place on the question now before the Committee," I beg leave to state that I am fully aware of it, and although residing at a distance from where the action took place, anxiously waited the result, not from any personal interest I had in either of the litigants, but the question was a dark and novel one to the general public, and with the decision of the learned Judge I was not disappointed.
* These whites communicated with Kareitiana and other natives, and they, in turn, with Te Wabaroa and Te Raihi.
![]() |
4.223 235 |
▲back to top |
9
In my humble opinion, it is not only "expedient," but absolutely necessary, to legislate on the subject for the Colony at large, as it is most probable cases of the same kind as that which has engaged public attention in the Province of Auckland, may occur from time to time, if not prevented by legislation.
The present Bill, even in the absence of any improvement, will have my support. I will, however, as suggested, point out, at the conclusion of this report to your honorable Committee, such amendments as in my opinion will make the Bill more practically useful towards the end aimed at, without damage to private interests.
In reference to my opinion of what I have seen of the evidence that has already been taken before your honorable Committee on the Timber Floating Bill, I need not refer much to any of it, except that of Mr. C. A. Harris, jun., which is now in print before me. In my opinion, Mr. Harris has been unfortunate in taking the laws of Nova Scotia and Canada to his aid, for these laws on the subject are in direct variance to the sentiments he shows forth in the first and second clauses of his printed evidence, and the whole tenor of his evidence throughout is contrary to the spirit and intent of the Canadian and Nova Scotian Acts.
The law of Nova Scotia, with which I am more practically acquainted than the Canadian, is not made to protect private property from the timber driver, although laws are added to respect it, for the evident purpose of both Acts is to protect that industry from the unreasonable and unscrupulous demands of owners of private property. The Nova Scotian Act is framed for two different purposes ; first, that no mill-dams offer obstructions to taking logs down streams ; that they must be provided with sluices having a clear passage for the timber ; and although the private property should have been bought for one hundred and fifty years, the law is 'equally operative as if bought after the Act passed, Mr. C. A. Harris junior's theory to the contrary notwithstanding.
The second object of the Nova Scotian Act is to secure at all dams, at certain seasons of the year, a free passage for fish going up the streams to spawn. Mr. Harris, in saying that logs may at times be scattered over the flats, reminds one of Mark Twain's story of one farm slipping down on top of a neighbouring one : how the question of compensation was settled by the owners, I forget ; perhaps we might get a precedent from it. If a man care for nothing else but self, and be altogether indifferent to another's loss, a shower of kauri logs would not be a thing to be dreaded, as the owner of the land could pay himself for the damage done to his flat fields.
I see no difference between timber-driving in New Zealand and in Nova Scotia, only that the logs here are larger ; the floods of the latter rise as high as they do in this country, the waters have an equal rapidity and force in both, and the rivers of Nova Scotia along which timber was floated, ran along well-cultivated flats, there called " intervals," and very easily damaged ; yet, although thousand on thousand tons of timber had been taken down, I never heard a complaint, or damages claimed. To show reasons from my own experience in that country why I should be anxious to see a law of this kind enacted in New Zealand, I submit the following circumstance :—A man in Nova Scotia (no matter who) contracted with a party to supply a large quantity of hard wood squared timber. The timber was cut on a small branch stream, about fifteen miles from the sea, and to be delivered in a boom convenient for shipment. When the workmen got the timber hall-way down, it was stopped by a settler who owed some to the purchaser, for although the main river was legally open, this branch tributary was not. The merchant at once appealed to the session of the peace for the county, who declared the stream legally open for the passage of lumber. In the meantime the water had subsided for the season, and it was twelve months before the timber could be shipped and sent to market, besides the inconvenience and loss in not having it down in time for the ship intended, all caused by the revengeful disposition of one person, who, although he (dog-in-the-manger like) was gaining nothing himself, was causing great loss to all concerned.
No doubt incidents of the same kind will occur in New Zealand, unless prevented by legislation ; and although I have no personal interest directly or indirectly, nor do I expect to have in the short space of time that may still be allotted me of life, yet I should much desire to see a law passed that would open all the rivers and streams of the country, and make convenient, without interruption, to every one engaged in that laborious and useful industry, the lumber trade, which is only yet in its infancy.
I would suggest that some alteration be made in the last clause of the Bill, which would simplify it, and allow it to be more conveniently put in operation, divested of the usual circumrotation from Governor to,perhaps, a careless or partial vice-regal Superintendent of a Province, the usual process reminding one forcibly " of what comes over a certain gentleman's back having to pass again under his belly." Let the administration of the Bill, as soon as it has received the Royal assent, be intrusted to the Petty Sessions or Road Boards of the districts, empowering them to open any stream or creek within their bounds, and award damages to the amount of real actual damage, without expenses (the chance of any claims, a figment), as the Bill already wisely provides. The hue and cry making against the passing of so reasonable and necessary a Bill as the one in question, I have no doubt your honorable Committee will understand, although I do not. However, in conclusion, I have only the wish that your honorable Committee will recommend the Timber Floating Bill to the House, and that it will soon become law in the land.
I am, &c.,
The Honorable Chairman of the Timber Floating Bill Committee. Jon MUNRO.
[Price 9d.] By Authority: GEORGH DIDEEUT, Goverment Printer, Wellington.-1873.
![]() |
4.224 236 |
▲back to top |
1875.
NEW ZEALAND.
CLAIMS UPON LANDS TAKEN OVER BY THE . PROVINCE OF
AUCKLAND FROM THE GENERAL GOVERNMENT.
(CORRESPONDENCE RELATING THERETO.)
Presented to both Houses of the General Assembly by Command of His Excellency.
No. 1.
His Honor the SUPERINTENDENT, Auckland, to the Hon. the COLONIAL SECRETARY.
SIR,— Superintendent's Office, Auckland, 19th May, 1875.
I have the honor to submit, for your consideration, a proposal for modifying certain arrangements authorized by the Minister for Public Works on the 4th March, 1872.
Mr. Mackay, who had apparently been acting as a private agent, was at that time about to be employed by the Government in the purchase of Native lands, and he, in his letter to the Minister for Public Works of the 24th January, 1872, suggested, in reference to the large blocks of land which he was to purchase from the Natives, that in some cases Europeans had claims to the timber on such blocks, and in other cases had made agreements with Natives regarding lands contained in the blocks, some of which leases or agreements might be valid, having been made subsequent to the issue of certificates of title by the Native Land Court, whilst others were invalid and unlawful, the agreements regarding them having been made previous to the issue of certificates of title for the lands comprised in such agreements.
Mr. Mackay admitted that a majority of the leases and agreements he alluded to were neither legal nor valid, yet many of these, he said, had been made by and with the assistance of officers of the Native Department.
The Minister for Public Works, in his letter of the 4th March, 1872, apparently undertook that the Government would respect all such claims, whether they were legal or equitable, or the contrary, because he was fully aware of the influence which the holders of such claims might exercise in opposition to the sale of the lands by the Natives to the Government.
What I would propose is this : that whenever the Provincial Government takes over from the General Government a block of land purchased from the Natives, it should take it over subject to all agreements and leases with which it may be encumbered. In this case it, of course, would only be bound to respect those agreements and leases which were really legal and valid, and which had not been simularly made to appear to be so, whilst those leases and agreements which were not legal or valid could in no way bind the Provincial Government; but I would suggest that every such case should be referred to the Legislature, or to the Committee which represents that body, or to some Court, that it should be fairly and openly heard, and the amount of compensation to which the holder of it might be entitled, if any, should be ascertained, and be liquidated by a money compensation, voted by the General Legislature.
I propose this, because I think all the reasons that have been alleged for requiring the province to respect the leases and agreements I allude to would be of no force if they were illegal or invalid in themselves.
For instance, in your telegram of the 6th instant, you make it appear that a reason for recognizing such agreements might be that the land included in them is, as the Government believes, swamp, unfit for the location of small settlers, and which would require a large expenditure of capital in draining it before it would be fit for occupation. But the Government can have no knowledge whether one or more of Her Majesty's subjects really possess capital or not, and lands in which the population of this province have a direct or contingent interest cannot be lawfully dealt with on any suppositions of this kind. The united capital of a number of small settlers may far exceed that of any one settler, and privileges of this sort ought not to be recognized, and cannot be maintained against the general rights of the public.
![]() |
4.225 237 |
▲back to top |
C.—6. 2
Again, if the agreement or lease was originally illegal, the approval of the Agent of the Government, or of the Minister for Public Works, cannot stamp such lease or agreement with legality. They are mere executive officers to carry out the law, not to make new laws to suit their own views. Any attempts to make such invalid leases or agreements legal can only produce a bad impression upon the public mind, as these attempts would. possibly constitute
manifest evasion of that law which it was the duty of those authorities who allowed the evasi have supported.
To make such unlawful leases legal would also he to reward wrong-doers and law-breakers, by recognizing their illegal acts, and this would be done at the expense of the rest of Her Majesty's subjects, who had faithfully observed the law, and who deserved, in recognition of their conduct, to have been protected in the rights which the law secures to them, rather than to be deprived of those rights in order that privileges of great, possibly of enormous, value may be given to those of their fellow-subjects who had set the law at defiance.
I pass over the statement of the Minister for Public Works that it will be necessary to reward these breakers of the law to prevent them from exercising their influence over the Natives to the detriment of the Government and their fellow-settlers, by preventing them from selling lands which the public necessity require should become the property of the community at large. Certainly people who could be guilty of such conduct ought to be punished instead of receiving large rewards.
I think, also, that in each instance of the unlawful leases and agreements to which Mr. Mackay alludes, he should be directed forthwith to supply the Superintendent of this province with the name of the officer of the Native Department who broke the law by negotiating such unlawful lease or agreement, in order that inquiries may be made as to whose authority this was done by, and why such exclusive privileges were given to some of Her Majesty's subjects, and why—whilst the inhabitants of this country at large were, by carefully framed laws, shut out from dealings with the Natives regarding certain lands—other individuals, who were favoured, were allowed to carry on such dealings, and were even granted the assistance of those officers of the Government to aid them in these transactions, whose duty required them to prevent such dealings from being carried on. The more fair and legal any such transaction may have been, the more reason is there that a full inquiry should be made into it, in order that the blamelessness of the parties concerned in it may be openly and fairly established beyond all future question.
Upon the whole, therefore, I think I am doing that which is, in every respect, for the public interest, in recommending that, whilst all legal and valid agreements and leases should be scrupulously observed, all those regarding which any doubt exists should be strictly investigate and that only such a money compensation should be given to the respective claimants as a fun and impartial inquiry may prove them to be entitled to.
My observations apply equally also to all exchanges of land which the General Government propose to carry out without a full and open inquiry. I do not think that the Government will be justified in taking lands from any of the blocks purchased with public money, and giving them in exchange, at the will of the Native Minister or any other person, to Europeans or Natives, until a full and open inquiry has been made into the circumstances of each case. Land is now so essential to the, interests of this province, for the purpose of settling intending immigrants upon, or those of our population who have hitherto been unable to obtain land, that I earnestly request that the recommendations I have made may receive the approval and sanction of the General Government, and that I may be authorized at once to give effect to them.
I would yet add another reason, of a general nature, in favour of the cause I recommend.
The rights of property disposed of, under the arrangements made by the Minister of Public Works and Mr. Mackay, must be very great indeed.
The parties interested in these are the public, the Native owners, the European claimants.
Clearly such rights ought not to be dealt with secretly, in a private room, by one man. To expose him, under such circumstances, to the solicitations of private friends, or of the political supporters of the Government be serves, is a wrong to human nature, to independence of character, to public rights, to the interests of the Native owners, for there is no fair competition for their property and to the mass of Her Majesty's subjects, because their interests are not fairly protected. A consideration of this will, I hope, make you feel that this system should be instantly stopped, and that perhaps upon the whole the proper course would be that an open inquiry should at once be instituted into each past transaction.
I have, &c.
The Hon. the Colonial Secretary, Wellington. G. GREY.
Referred to Mr. Mackay for remark.—DANIEL POLLEN, 28th May, 1875.
No. 2.
MEMORANDUM for the Hon. the COLONIAL SECRETARY.
SIR GEORGE GREY'S letter of the 19th May last purports to be a request for a modification of the arrangement made by the Hon. the Minister for Public Works with me on the 4th March, 1872, for the purchase of Native lands in the district of Hauraki.
![]() |
4.226 238 |
▲back to top |
3 C.—3.
Sir George Grey is quite correct in assuming that I was acting as a private land purchase agent at the time the Hon. Mr. Ormond requested me to undertake the acquisition of Native lands for the General Government. I had been acting in that capacity from the 1st August, 1869, and my professional earnings amounted to upwards of £1,500 per annum. I was, in January, 1872 engaged in business negotiations with private individuals and associations to undertake the purchase of the whole of the Coromandel Peninsula, subject to the right to mine acquired by the Crown, or the rights to timber of private persons or companies ; and capital was at my disposal for the purchase of the whole at a maximum average rate not exceeding 5s. per acre. I waived these arrangements at the urgent request of the Hon. Mr. Ormond, backed by the personal influence of Mr. Gillies, Superintendent of the Province, and that of Dr. Pollen, then Agent for the General Government. Messrs. Preece and Graham had been offered the business, but declined to do it for a less commission than 6d. per acre. I arranged to take a commission of 4d. per acre for all lands purchased by me. I however objected to acquiring any land unless the prior rights of Europeans to kauri timber were conserved.
In considering the proposals made by Sir George Grey, it is necessary, in the first instance, to confine my remarks to the arrangement before mentioned, as set forth in my letter of the 24th January, 1872, and in Mr. Under Secretary Knowles' reply of the 4th March. In order to do this properly, Sir George Grey's quotation of a portion of my letter requires amendment, by striking out several words which are not to be found either in the original or the published copies of it. I wrote as follows, viz.,—
"With reference to the vested interests and claims of Europeans to kauri timber situated within the blocks of land proposed to be purchased, some of which are held under valid leases made subsequent to the issue of certificates of title by the Native Land Court, and others by agreements made previous to the issue of certificates of title for the lands comprised in such agreements, I would beg to recommend that in all cases where the parties are in actual possession of the timber, and do not obstruct the Government in negotiating for the purchase of the lands, that all such agreements, leases, and private interests shall be respected, and the conveyances by the Natives to the Crown shall take notice of and confirm all such reasonable and fair leases, agreements, and transactions. I would point out that the timber trade is of vital interest to the gold fields, and is one of great importance to the Province of Auckland, and very large capital is invested in it ; and although the agreements for the acquisition of timber are not, in the majority of cases, strictly legal or valid, yet many of these so-called illegal agreements have been made by and with the assistance of the officers of the Native Department. If the Government acquired the kauri timber it would only be destroyed by miners and bush fires. At the present time where the kauri timber is not the property of mill owners, it is a fruitful source of discontent between the Miners, Government officers, and the Native proprietors."
Mr. Under Secretary Knowles replied thus—
" Mr. Ormond is fully aware of the influence which the holders of timber rights and claims might exercise in opposition to the sale of the lands by the Natives, and the policy of respecting those claims, whether legal or equitable; but it must at the same time be borne in mind that many of the blocks on the Coromandel Peninsula have, apart from their mining value, no other value than that which their timber gives them, the right to which, you state, has in many cases been alienated, and required to be conserved. In estimating the purchase money of all such blocks as have not acquired a value for mining purposes, this should be taken into consideration, as the Government will have no option but to avoid interference with these old arrangements, wherever it is practicable to do so."
Sir George Grey alludes thus to my letter : " He, in his letter to the Minister for Public Works of the 24th January, 1872, suggested, in reference to the large blocks of land which he was to purchase from the Natives, that in some cases Europeans had claims to the timber on such blocks, and in other cases had made agreements with Natives regarding lands contained in the blocks, some of which leases or agreements might be valid, having been made subsequent to the issue Of certificates of title by the Native Land Court, whilst others were invalid and unlawful, the agreements regarding them having been made previous to the issue of certificates of title for the lands comprised in such agreements."
The paragraph as written by me, and answered by Mr. Knowles, referred to kauri timber only, and to leases and agreements made between Natives and Europeans respecting it.
Sir George Grey's interpolation makes it to apply "to cases in which agreements had been made regarding the lands contained in the blocks," a question which was nowhere raised by the Hon. Mr. Ormond or myself in the correspondence alluded to. I therefore propose to deal, firstly, with the kauri timber question; and secondly, to consider the points raised by Sir George Grey's manipulation of my report.
In March, 1872, there were within the Hauraki District some fourteen saw-mills, either working or in course of construction. These found employment for about 600 men, irrespective of the persons manning the vessels engaged in the timber trade. The capital which had been expended, or was then in the course of expenditure in the erection of saw-mills, with the dwelling-houses and plant connected therewith, amounted to about £120,000 ; in addition to which the proprietors had paid about £30,000 to Natives for kauri timber within the twenty years preceding that date. Some of these purchases of kauri timber were held by legal instruments in the shape of deeds of grant, leases, or agreements, made subsequently to the issue of
![]() |
4.227 239 |
▲back to top |
C.—3. 4
certificates of title by the Native Land Court to the Native owners of the land on which such timber was growing. In other cases there were agreements made between the millowners and the Natives, which, although not strictly legal, were equitable arrangements, and were carried out in good faith by the persons interested.
Knowing the importance of the timber question, and the magnitude of the interests involved, I deemed it advisable, before agreeing to purchase land for the Government, to lay the whole circumstances of the case before Mr. Ormond. I spared no pains in obtaining information, in order to show in my report (vide report, 24th January, 1872) the actual state of each block as regarded the alienation or otherwise of the kauri timber within it. Had the Government objected to conserve the rights of the millowners and purchasers of timber, I would, for several reasons, have declined to act for them.
It is true that, under the Land Purchase Ordinance, sales of timber by Natives to Europeans were forbidden; but many saw-mills were erected, and forests purchased, before the repeal of that law. The Government of the colony were never in a position to strictly enforce its provisions, because the voices of the settlers and Natives were against it. I also reiterate the statement that several of the agreements for the sale of timber were made with the concurrence of the Government for the time being. It has been frequently said that when the Kapanga block at Coromandel was ceded to the Crown for gold mining purposes, Sir George Grey, then the Governor of the Colony, sanctioned the reservation by the Natives of the kauri timber on that block, because it had been previously sold by them to Messrs. Charles and Frederick Ring; and those gentlemen were permitted to retain certain water rights and other easements necessary for the proper working of their saw-mill; and when the miners injured the water rights held by Messrs. Ring on the Kapanga stream, they claimed damages from the Government, and Mr. Graham, the Superintendent of the Province, offered to give them £350 in satisfaction of their. claim, which they refused to accept. I enclose copies of correspondence between the Messrs. Ring and myself on the question, and of Mr. Graham's proposal.
During the period Dr. Shortland was Native Secretary, Maoris frequently came to the Native Office about sales of kauri timber, and I recollect in the case of the purchase of the forests at Tairua, an officer of the department (who is now a Judge of the Native Land Court) drew out an agreement between the seller and purchaser.
On one occasion, I, when Civil Commissioner for the Thames District, was instructed to arrange a dispute which arose between two parties of Natives and two parties of Europeans respecting the sale of kauri timber at Whangapoua, but I had nothing to do with the signing of any agreement respecting it. This culminated in the well-known Craig, Macfarlane, Harris, and Mohi Mangakahia law-suits. I believe there are similar cases elsewhere, and to these I referred in my report. In order to preserve the peace of the country, the Native Department were frequently compelled, although with considerable reluctance, to take part in these transactions.
I am at a loss to understand the meaning of a portion of the following extract from Sir George Grey's letter :—" What I would propose is this : That whenever the Provincial Government takes over from the General Government a block of land purchased from the Natives, it should take it over subject to all agreements and leases with which it may be encumbered. In this case it would, of course, only be bound to respect those agreements and leases which were really legal and valid, and which had not been simularly made to appear to be so, whilst those agreements or leases ;which were not legal or valid could in no way bind the Provincial Government; but I would suggest that every such case should be referred to the Legislature, or to the Committee which represents that body, or to some Court, that it should be fairly and openly heard, and the amount of compensation to which the holder of it might be entitled, if any, should be ascertained and be liquidated by a money compensation voted by the. General Legislature."
It is very desirable that Sir George Grey should state whether he accuses the Land Purchase Agents of the Government, or the purchasers of timber, of making counterfeit leases or agreements to legalize such purchases, in order that the persons referred to may be in a position to request him to verify his assertions.
In my opinion the Government, whether General or Provincial, are bound by the terms of the deeds of conveyance from the Native to the Crown ; and if, on the face of such instruments, it is shown that prior rights have been either lawfully or equitably acquired by others, and there is sufficient evidence thereof, then such agreements or leases should be respected. I would respectfully beg to point out that the timber trade is one of vital importance to the Province of Auckland and the whole colony. The suggestion made to deprive some of the mill-owners or proprietors of timber of their rights, because of legal technicalities, and taking from them the means of working their saw-mills, Which have been established by the expenditure of large capital, is one which appears to me of a suicidal nature.
Sir George Grey could not have considered the question in all its bearings, when be proposed to award compensation to the parties thus deprived of their rights. The question raised is one which affects the owners of timber throughout the whole Province of Auckland. These men have, in a majority of cases, been in quiet possession of their timber for a number of years ; they are engaged in a productive industry, with profit to themselves and the country ; and why should they be disturbed, and their numerous bodies of workmen be thrown out of employment? The compensation required within the Province of Auckland would probably amount to £1,000,000
![]() |
4.228 240 |
▲back to top |
5 C.–8
sterling, and no equivalent advantage would be gained by either the General or the Provincial Government. A steady home and export trade would be annihilated. The forests would be either destroyed by miners and kauri gum diggers, who light fires in a most reckless manner when not checked by the proprietors of the timber, or be frittered away by the Provincial Government granting timber licenses to bushmen, who would cut whatever they pleased on the payment of a small license fee to the Commissioner of Crown Lands. I know of large blocks of land, formerly covered with kauri, having been denuded of all the valuable timber by this process, and the total receipts by the Crown bore no proportion to the area of the land. The revenue of the colony actually derived more benefit from the direct sales from the Natives to the millowners than it did from the transactions between the Provincial Government and the cutters of timber. It may be said the law limits the area over which a timber license shall be exercised; it does so in the document, but not in practice.
Sir George Grey appears to strongly object to the purchasers of timber obtaining a legal title to it. I, however, differ in opinion from him on that point, and think it would have been a highly culpable proceeding on my part if I had taken absolute conveyances in fee simple of the land from the Natives to the Crown, and ignored the rights of those who had long previously acquired the timber.
The Government would not have purchased the land on such easy terms but for the timber, in many instances, having been previously sold to private persons or associations.
The leases and arrangements respecting kauri do not prevent the occupation of the land for settlement or mining purposes.
It has been urged that some of the leases or deeds of grant held by purchasers of timber are of such a nature as to prevent miners and others from cutting ordinary timber for domestic and mining purposes on the blocks to which they refer, but I cannot recollect any instance in which the European owner of timber has in any way objected to the exercise of the privileges claimed by the mining population. All that the millowners and proprietors of timber desire is to be able to utilize the kauri they have purchased, and have confirmed to them the rights and easements enabling them to do so. They have not offered the slightest opposition to the Government in any of the purchases, and have no desire to be obstructive, provided their vested rights and interests are not infringed or interfered with.
The land in the Hauraki District on which kauri timber grows is of broken character, and not generally suitable for agricultural purposes; it is, however, known to contain great mineral wealth, and as such is a valuable public estate which, in the opinion of many persons, should be retained by the Crown, and not lightly disposed of for the sake of raising a land revenue for the province or colony.
Sir George Grey appears to be highly impressed with its importance, for he recently stated to a deputation at Grahamstown, "that, from what he saw, he believed that for centuries mining would be carried on there." I must say that I coincide with this view, and think the Government are right in acquiring the freehold of the land in order to facilitate the development of the great mineral resources of the district; but in doing this, another interest, almost as important as that of the miner, should not be lost sight of. I see no reason why the two great natural sources of wealth of the Hauraki District should not be utilized simultaneously and without antagonism. It should be the policy of the Government to foster mining operations, and also to encourage the timber trade. There is no difficulty in accomplishing both objects, but it surely is to be lamented if, owing to political differences, one important branch of industry is injured or superseded by another, when the two are distinct and not necesssarily conflicting. No difficulty has as yet arisen between the owners of timber and the mining population. It is, doubtless, desirable that steps should be taken to define the relative position and rights of each of these important industries, but there is no occasion to raise up strife and antagonism between them where none has heretofore obtained.
The majority of the purchases of timber in the Hauraki District took place previous to the year 1865. It has been said recently that the amount paid for kauri timber is small when compared with the price given by the Government for the freehold of the land on which it is growing. It must, however, be borne in mind that neither the land nor timber had become valuable when these transactions took place, as the mineral wealth of the district was not appreciated until after the 1st August, 1867 (the date of opening of the Thames Gold Field). It may also be as well to state that the bond fides of the agreements made between the Natives and the millowners for the alienation of kauri timber is not questioned by the Maoris, nor are they the subject of dispute between the persons most immediately concerned, which is the best proof, if any were required, of the fair nature of the dealings referred to.
The rights conferred by these old agreements are very great indeed, but they are clearly set forth in the documents held by the millowners, on the strength of which large capital has been invested, and a valuable productive industry has been established in the Province of Auckland. In all the cases heretofore brought under my notice there is no stipulation or limitation made on either side as to the term for which the purchaser of forests shall have the right to enter on the land to cut and remove the timber. Since the passing of the Native Lands Act, no efforts have been spared by the owners of timber to procure legal titles in place of the old agreements before alluded to. In some instances leases for ninety–nine years have been given, but the holders, when the land has been sold to the Crown, have agreed to waive their rights over such a lengthened period, and to reduce the term to twenty–one years, or other reasonable limit.
![]() |
4.229 241 |
▲back to top |
C.–3. 6
The peroration indulged in by Sir George Grey about arrangements made in private rooms, the solicitation of friends, and the wrongs done to human nature, is clearly uncalled for, as nothing has been done respecting timber rights which is not supported by long–standing agreements, and the practical effect of the Government land–purchase operations has been to and limit the period for the enjoyment of these rights which were previously held for unlimited terms.
It is perhaps unnecessary for me to enter further into the question of the acquisition, by private persons or associations, of kauri timber from the Natives. I have endeavoured, as far as possible, to show that they have certain equitable rights, which were admitted by the Hon. Mr. Ormond in a liberal and fair–dealing spirit, that the industry which they have so perseveringly striven to promote is one of importance to the colony, and which, in this province alone, employs in various ways at least 2,000 men, and gives an export from places north of Auckland where there is no other marketable production but kauri gum. Having considered the subject from these points of view, it may, perhaps, be deemed desirable to look at its legal aspect. I submit with all deference, and subject to correction from law authorities, that, although in the early days of the colony, legislation was of a restrictive nature, and laws were carefully framed to prevent dealings between Natives and Europeans for lands or natural productions growing on them, there was, from 1865 to 1871, a revulsion of feeling on the subject, and the Legislature of the colony gave facilities for the acquisition of lands by private persons, notwithstanding that the Treaty of Waitangi vested the preemptive right of purchase in the Crown. When the colony committed itself to the great scheme of public works and immigration, it was deemed necessary to revert partially to the original system, and an additional reason was given that it was not desirable that lands of auriferous, or supposed auriferous, character should pass into the hands of private persons to the exclusion of the public.
In "The Immigration and Public Works Act Amendment Act, 1871," a clause was inserted giving the Governor the power, " whenever he shall have determined to enter into negotiations for the purchase of land, to insert a notice in the New Zealand Gazette that it is his intention to enter into such negotiations; and after such notice it shall not be lawful for any one to purchase or acquire from the Native owners any right, title, or interest, or contract for the purchase or acquisition from the Native owners of any right, title, or interest, in the lands specified in such notice, unless the notice be cancelled by the Governor: Provided that no such notice shall have longer operation than for the period of two years."
His Excellency Sir George Bowen, on the 9th October, 1872, by Proclamation published in the New Zealand Government Gazette of the 10th October, 1872, which was renewed a extended by His Excellency Sir James Fergusson on the 15th October, 1874, and published in the New Zealand Government Gazette of 22nd October, 1874, declared the intention to purchase certain lands in the district of Hauraki, which included all those subject to agreements previously made by millowners for the purchase of kauri timber.
As my letter to the Hon. Mr. Ormond, describing the status of. the various blocks of land within the territory thus proclaimed, was written on the 24th January, 1872, and printed in the Appendix to the Journals of the House of Representatives in 1873 (vide G. 8), I believe I am right in assuming that the Governor, for the time being, and His Executive Council, were acquainted with the fact that there were in existence certain previously acquired rights to kauri timber, as set forth in that report, and which I had been instructed to conserve. The Government either desired to purchase the lands in question, or must have acted wrongfully in leading the public and the Natives to believe they did. I however maintain that great pressure was put on the General Government by the provincial authorities, and persons interested in gold mining in the Province of Auckland, to induce them to assent to purchase from the Native owners the whole of the lands within the Coromandel Peninsula and Hauraki District, as there was a strong popular feeling against the arrangements which had been made for giving the Native owners the fees derived from miners' rights as a rental for the occupation of their lands for gold–mining purposes.
In despite of this action on the part of the Government, which may, at the first place, appear to be hostile to the acquisition of lands or interests in lands by private persons, it is advisable at the same time to review the legislation of the period.
By referring to "The Native Lands Act, 1873," and "The Timber Floating Act, 1873," it will be found that although such extensive powers were given to restrain private land purchasers, yet two highly important productive industries were protected by Parliament.
Section 108 of the Native Lands Act provided machinery for legalizing agreements heretofore entered into by Europeans and Natives for the purchase or sale of timber, flax, and other natural productions growing upon Native lands, and gives the Court power to reserve or confirm such rights for any period not exceeding twenty–five years from the date of the order of the Court, notwithstanding such agreement for the purchase or sale of such natural production may have been illegally made during the time when the " carefully framed" restrictive law alluded to by Sir George Grey were in force. " The Timber Floating Act, 1873," was passed with the express intention of affording facilities to millowners to convey timber to their mills, and was brought before Parliament at the instigation of persons holding timber rights at Whangapoua, which were originally illegally acquired from the Natives.
These rights, whether legal or otherwise, were not ignored by the Supreme Court of the
![]() |
4.230 242 |
▲back to top |
Colony, or the members of the legal profession, as witness the well–known lawsuits between Mohi Mangakahia and Harris versus Craig and Macfarlane.
Although the parties interested in saw–mills and kauri timber may not have been able, in some cases, to take advantage of the provisions of "The Native Lands Act, 1873," as regards agreements made before that date, it is clearly not the duty of the Government or its agents, and is not to the interest of the provincial authorities, to endeavour to upset, by strict adherence to legal technicalities, the title of the persons engaged in the timber trade.
It is apparent that the Governor of the colony, its Legislature and Supreme Court, and the Superintendent of the Province, have from time to time recognized illegal dealings for the purchase and sale of kauri timber; and I therefore beg respectfully to submit to you that, in upholding legal and equitable agreements for the sale of timber, which had been made in good faith between Natives and Europeans, the Hon. Mr. Ormond did not commit an error, but acted with justice towards the persons interested in such arrangements.
Having endeavoured to lay before you the questions arising out of the purchase of kauri timber by private persons from Natives, it appears necessary to make some remarks on the points raised by Sir George Grey respecting the illegal purchase by individuals of lands over which the Native title had not been extinguished. As before mentioned, neither of these questions was alluded to by me in my report of the 24th January, 1872, or in the Hon. Mr. Ormond's reply thereto of the 4th March following. Before entering on this subject, it may be as well to consider what was the process generally adopted by private persons in acquiring land from the Natives. The Native owner generally made the first offer to sell; but in some cases the European first expressed his desire to purchase. A Native Land Purchase Agent was consulted, and he, probably, advised the would–be purchaser to advance a sum of money to the Native, part of it being a deposit to bind the bargain, and the remainder to defray the expenses of survey. This, as a general rule, was represented to be a payment to defray the expenses of survey, and the investigation of the title by the Native Land Court, and, as such, a lien over the land was taken, in accordance with the provisions of the Native Land Act. After survey the title was investigated by the Court, and the European completed the purchase by handing the balance of the consideration money to the persons found to be the owners.
Two cases of this class have arisen in the district within which I have been instructed to purchase land. The first is that of Captain Daldy, who, in 1871, was interested with me in the purchase of the Waikawau block, over a large portion of which he had long previously acquired the right to cut and remove kauri timber. In January, 1872, we had commenced the survey of the block, which we estimated to contain 60,000 acres. We did not wish to oppose the Government in the matter, and withdrew from our purchase on condition that the Government recognized and allowed Captain Daldy's right to timber previously purchased by him on the Waikawan and Mata streams and their tributaries. He was also to receive a title from the Crown for 400 acres at Waikawau and fifty acres at Te Mata, on payment being made to the Government at the same rate per acre as was given for the whole block.
The second case is that of Mr. Thomas Russell, respecting the purchase of the Hungahunga and Waiharakeke blocks at the Upper Thames. These were not included within the area which I was authorized to purchase in accordance with the instructions conveyed in the Hon. Mr. Mr. Ormond's letter of the 4th March, 1872. Neither were these blocks included in the Proclamation of the 9th October, 1872, made under the provisions of "The Immigration and Public Works Act Amendment Act, 1871." I found, about the end of 1872, that Mr. Thomas Russell was in treaty for the Hungahunga and Waiharakeke blocks, the latter being situated on the east and west banks of the River Waihou or Thames. Although not strictly within my instructions, I deemed it advisable in the interest of the public to endeavour to secure the eastern portion of the Waiharakeke block for the Crown, it being an extension southwards of the Aroha block, which is reported to be auriferous. I, therefore, proposed to Mr. Russell, who was conducting his purchase through Messrs. Preece and Graham, that he should relinquish the part of Waiharakeke on the eastern side of the River Waihou, and complete his negotiations for the western portion of the block, and for the Hungahunga block adjacent to it. I had no right at the time to ask him to do this, but considered it to be my duty to look after the interest of the public. On submitting the question for the consideration of the Government, they approved of my proceedings.
With reference to exchanges of lands between Natives and Europeans, or between the Government and Natives or Europeans, I am at a loss to comprehend Sir George Grey's meaning. I have not sanctioned any such arrangements, nor has any application been made to me to do so. The only case I can possibly imagine to be referred to is that of Mr. Whitaker at Piako. That gentleman is the transferee of some original land claims in that district, and, under the award of the Land Claims Court, is entitled to select within the Piako block, containing 19,500 acres, twelve thousand eight hundred and fifty–five (12,855) acres. Under sections 23 and 44 of "The Land Claims Act, 1856," he is allowed an additional area of one thousand nine hundred and twentyeight acres (1,928) one (1) rood if he pays the cost of surveying the block, the total area, to be granted being fourteen thousand seven hundred and eighty–three, (14,783) acres. The Ngatipaoa tribe are in possession of the land originally purchased, excepting a piece erroneously granted to Arthur Willis through fraudulent representations. When I commenced the purchase for the Government of the lands situated between the rivers Thames
![]() |
4.231 243 |
▲back to top |
C.–3. 8
and Piako, the Chief Tarapipipi te Kopara and his people suggested that Mr. Whitaker's award should be taken out of that block, and not from the Piako block of 19,500 acres, as they wished to retain for their own use the portion to which Mr. Whitaker was entitled as the transferee of the original claimant (Webster). As Tarapipipi te Kopara had for some years been the head of Hauhauism at Piako, and a consistent opponent of the Government, I deemed it advisable to carefully consider his proposition, and submit it to them. I did so, and after long consideration and several discussions of the question, the Government came to the conclusion that it was expedient to grant Tarapipipi te Kopara's request, and Mr. Whitaker was asked to assent to it.
The Government were, in my opinion, met in a very fair spirit by that gentleman, and he assented to the exchange. The Maori difficulty was overcome, and the followers of Tarapipipi te Kopara have since renounced their allegiance to Tawhiao, and become good subjects of the Queen. I do not for a moment assume that Sir George Grey wishes them to revert to the semi–rebellious position they occupied from 1865 to 1874; if he does, the process is very simple; it can easily be accomplished by refusing to sanction the exchange of land agreed on between Mr. Whitaker and the General Government, and suggesting to that gentleman the desirability of selecting the land he is entitled to within the block known as the Piako block, containing 19,500 acres.
Exchanges of land were contemplated under "The Land Claims Settlement Act, 1856," and "The Land Claims Settlement Extension Act, 1858," as power was given to the Commissioner " in cases where difficulties existed in the way of the claimant obtaining quiet possession of the land, and it appeared expedient to exchange the particular land claimed for other land, to direct a grant to be made to the claimant of rural land within the same province."
I am not aware whether this power can be legally exercised by the Government in the case now under consideration, but it is precisely one of those which was intended to be provided for under the provisions of "The Land Claims Settlement Extension Act, 1858."
Sir George Grey should remember that land purchases are made by agreement between the Government and the Natives, and if the latter refuse to sell a large and valuable territory unless a long–outstanding question is finally arranged in the first instance, it may then be expedient to make an exchange in order to facilitate negotiations for the cession of an entire district.
If I have in this memorandum in any way digressed from the consideration of the questions raised by Sir George Grey in his letter of the 19th May last, or have attempted to reply to issues not apparently raised in it, I hope you will excuse my having done so. I was, however, unable to clearly understand the purpose of Sir George Grey's letter, until I saw in the newspaper columns the statements made by him in reply to deputations which waited on him a Grahamstown. Although feeling my disability to cope with a statesman of Sir George Grey's reputation in the discussion of this important question, I hope the Government will give me the credit of having, to the best of my ability, endeavoured to explain the actual state of the case, and of desiring to uphold the rights of the millowners, miners, and the public in general, which are affected by the purchase by the Government of the lands comprised within the Coromandel Peninsula and district of Hauraki.
JAMES MACKAY.
7th July, 1875.
Enclosure 1 in No. 2.
Mr. MACKAY to Messrs. RING Bros., Auckland.
GENTLMEN,– Auckland, 6th July, 1875.
I will be very much obliged if you will give me information on the following points respecting your sawmill and interests in timber at Coromandel, viz.,—
When the Tokatea and Kapanga blocks were ceded to the Crown for gold–mining purposes in June and July, 1862, did Sir George Grey, then the Governor of the colony, sanction the reservation of the kauri timber on those blocks because it bad been previously sold by the Natives to you ?
Did he at the same time promise to reserve to you the right to the use of the Kapanga Stream (commonly called the Driving Creek), for purposes connected with your mill?
When the miners damaged the water rights and easements reserved for you in the Kapanga Stream, did you make any claim against the Government?
I have, &c.,
Messrs. Ring Bros., Auckland. JAMES MACKAY.
Enclosure 2 in No. 2.
Mr. RING to Mr. MACKAY.
SIR,— Auckland, 6th July, 1875.
I have received your letter of this date, asking for information respecting the saw–mill and timber at Coromandel owned by my brother and myself.
![]() |
4.232 244 |
▲back to top |
9 C.–3.
My reply to the first question is, that Sir George Grey did sanction the reservation o the kauri timber on the Tokatea and Kapanga blocks, that were handed over to the Government for mining purposes, because it had previously been sold to us by the Natives.
My answer to the second question is, that our rights to use the water of the Driving Creek reserved for us. .
My reply to the third question is, that the miners did considerable damage by silting up the creek with debris from their claims. We applied to the Superintendent, R. Graham, Esq., for compensation for the damage sustained by us; he tendered us £350, which we refused to accept, and we consider that we have still a claim against the Government for damage done.
Since 1859, and to the present time, we have continued to cut timber on these blocks, and still have the right to use the water of the driving and main creeks for purposes connected with our mill.
I have, &c.,
To Mr. Mackay, Auckland. J. W. RING.
Enclosure 3 in No. 2.
I AGREE, on the part of the Government, to grant permission to Mr. Ring to dam up the main creek, and enjoy the privilege of driving logs up till the 1st November, after which time only with the consent of the Commissioner. The Government to protect Mr. Ring in his right to kauri timber, and further to give a sum of £350 sterling for injury sustained.
ROBERT GRAHAM,
4th March, 1863. Superintendent.
By Authority ; GEORGE DIDEHURY; Government Printer, Wellington.—I875.
Price 9d.]
![]() |
4.233 245 |
▲back to top |
C.–3A.
1875.
NEW ZEALAND.
CLAIMS UPON LANDS TAKEN OVER BY THE PROVINCE OF
AUCKLAND FROM THE GENERAL GOVERNMENT.
(FURTHER CORRESPONDENCE RELATING THERETO).
Presented to both Houses of the General Assembly by Command of His Excellency.
No. 1.
Mr. JAMES MACKAY to the Hon. the COLONIAL SECRETARY.
SIR,— Auckland, 17th July, 1875.
. Referring to my Memorandum of the 7th instant, on Sir George Grey's letter of the 19th May
last, addressed to you on the subject of land purchases, I have the honor to transmit herewith a return showing approximately the value of the property held by the proprietors of saw mills within the District of Hauraki This information has been principally obtained from the mill–owners themselves, who have given me every facility in their power to complete the return. The totals are cost of erecting fifteen saw mills with working plant, £106,855. Payments to Natives for timber, including in some cases cost of survey of the blocks on which it is growing, £42,045. Value of logs in stock, £64,982. Total value of Mills, working plant, standing forest, and logs in stock, £209,732. The annual average production of timber is valued at £120,750. The number of men employed in these mills is 678. Vessels employed In the carrying trade, 27, manned by 82 men.
These figures are slightly different from those mentioned in my memorandum of the 7th instant, that was, however, my own estimate before the return was completed; the alteration is so small as to be ,hardly worth noticing.
The more I consider the scheme proposed by Sir George Grey, to give compensation to the mill owners for their rights, the more I feel convinced that it is impracticable and detrimental to the best interests of the country. The goldminer is one of the largest consumers of sawn timber, and his industry would be retarded and suffer loss if the sawmills ceased to supply his demands.
I previously drew attention to the fact that supposing the proprietors of sawmills were bought out in the manner suggested by Sir George Grey, the Colony or Province would derive no equivalent advantage, because the system of granting timber licenses, heretofore pursued by the Provincial Government, gave but small receipts, when compared with the value of the privileges granted. In proof of the correctness of my assertion, I enclose herewith a return compiled by Mr Tole, the Commissioner of Crown Lands, showing the amount paid for timber licenses over Crown Lands within the Coromandel Peninsula, and the District of Hauraki, during the fifteen years commencing 1st July, 1860, and ending 30th June, 1875. The total is £192 10s.
I have no hesitation in saying that any mill owners would under other circumstances have paid to the natives for the timber cut on the Mahakirau block alone, four times the total sum shown by Mr. Tole as having been paid to the Crown for licenses over the whole of the blocks specified by him.
I enclose copies of correspondence with the Mercury Bay Saw Mill Company respecting a proposed reduction of the term of years for which they hold the right to cut timber on the Taranoho and Kaimarama blocks.
It has been stated recently that some of the deeds of grant or leases of timber held by sawmill proprietors confer rights other than those required for the cutting and removal of timber from the forests to their mills. If such privileges have in any case been granted by the native owners, they have not been exercised or desired by the lessees or grantees, and would, I believe, be relinquished at once, the on application of the Government. I have discussed the question of ordinary agreements and leases on all their bearings with the principal owners of timber residing here, and am convinced they are willing to make favourable terms with the Crown, and merely desire to be confirmed in their claims to Kauri timber; with necessary easements in the shape of roads and water rights, to enable them to convey it to their mills, with the privilege to cut any other timber or firewood required for their own use. If these tights were secured and confirmed to them, they would be perfectly satisfied; and there would not he the slightest danger of any future misunderstanding arising between them and the mining population, who are the only persons liable to have any conflicting interests, as the land on which Kauri grows is unfit for agricultural purposes and settlement
The Hon. the Colonial Secretary, Wellington.
I have, &c.,
JAMES MACKAY.
![]() |
4.234 246 |
▲back to top |
Enclosure 1.
RETURN showing approximately, the VALUE of SAW MILLS and of FORESTS and TIMBER, owned by Saw Mill Proprietors within the District of HAURAKI, on June 30, 1875.
C.–3A
|
Name of Owner, |
Cost of Mill and Plant. |
Date of Erec- tion of Saw MILL |
Situation of Timber Purchased. |
Date of Purchase of Timber. |
Amount paid for Timber, including Surveys of Land. |
Value of Logs in Stock in Bush or at Mill. |
Estimated present value of Mills, Plant, and Standing Forests, |
Total Value of Mills, Standing Forests & Timber in stock. |
Average Numbre of Men employed in Mills & Forests. |
Average Numbre of Vessels employed in Timber Trade. |
Average Numbre of Men employed in Vessels. |
Average Amount of Timber Cut Annually. |
Average Annual Value of Timber Cut. |
Remarks. . |
|
|
£ |
|
|
|
£ |
£ |
£ |
£ |
|
|
|
Feet. |
£ |
|
|
1. Tairua Saw Mill Company |
23,000 |
1864 |
Tairua |
1864 |
3,000 |
5,500 |
26,000 |
31,500 |
100 |
3 |
10 |
3,000,000 |
13,500 |
Forests are extensive, but timber difficult to get out to mill. |
|
2. Mercury Bay Saw Mill Co. |
9,000 |
1863 |
Mercury Bay |
1863 |
5,500 |
8,666 |
12,000 |
20,666 |
70 |
2 |
6 |
2,500,000 |
11,250 |
A good deal of the timber has been cut; but there is work for several years to come. |
|
3. Schapp and Ansenne |
4,500 |
1863 |
Mercury Bay |
1863 |
3,750 |
5,000 |
8,000 |
13,000 |
35 |
2 / |
6 |
1,500,000 |
6,750 |
Same as above. |
|
4. C. A. Harris 5. C. A. Harris |
15,000 10,000 |
1862 1865 |
Whangapona |
1862 to 1870 |
2,500 4,025 |
15,000 |
40,000 |
55,000 |
125 |
6 |
18 |
5,000,000 |
22,500 |
Many years' cutting still in forests; large quantity shipped annually to Middle Island, South Sea Islands, and New Caledonia. |
|
6. Cruickshank and Co. |
4,500 |
1863 |
Kennedy Bay |
1863 |
2,600 |
3,000 |
5,000 |
8,000 |
40 |
2 |
6 |
2,000,000 |
9,000 |
Timber will be cut out in a short time. |
|
7. R. Cashmore |
5,000 |
1862 |
Cabbage Bay |
1862 |
2,500 |
3,400 |
3,000 |
6,400 |
20 |
1 |
3 |
1,000,000 |
4,500 |
Forests nearly cut out. |
|
8. Pollard and Co. |
2,500 |
1865 |
Port Charles |
863–64 |
1,200 |
2,500 |
4,000 |
6,500 |
30 |
2 |
6 |
1,800,000 |
8,100 |
Forests not very extensive; will only last a few years. |
|
9. Charles Ring |
2,700 |
1859 |
Coromandel |
1859 |
1,000 |
150 |
2,000 |
2,150 |
4 |
|
|
500,000 |
2,250 |
Mill generally idle; forest being nearly all cut. |
|
10. A. J. Cadman |
3,590 |
1865 |
Coromandel and Mata– mataharakeke. |
1864 and 1872 |
1,150 |
1,000 |
5,000 |
6,000 |
20 |
|
|
300,000 |
1,350 |
Coromandel timber nearly cut out ; mit will probably be removed to Mata, mata-harakeke. |
|
11. W. C. Dally ... |
8,000 |
1805 |
Waikawau and Mata Rivers and tributaries. |
1864 |
2,500 |
3,000 |
7,000 |
10,000 |
39 |
2 |
11 |
2,900,000 |
0,000 |
Forests extensive; a great deal of timber has been cut. |
|
12. Shortland Saw Mill Co. |
9,291 |
1872 |
Waiwhakaurangi River and tributaries. |
1869 |
5,427 |
11,666 |
15,000 |
26,666 |
50 |
1 |
3 |
3,500,000 |
15,750 |
This mill has not hitherto been in full work ; timber chiefly consumed at Grahamstown and Shortland; forests extensive; timber difficult to get to mill. |
|
13. John Gibbons |
4,700 |
1874 |
Kirikiri, and on bank of Waihou and Ohinemuri Rivers. |
1871–72 |
2,200 |
4,750 |
6,000 |
10,750 |
65 |
2 |
6 |
1,000,000 |
8,550 |
This mill cuts white pine occasionally as well as kaauri. |
|
14. Hauraki Saw Mill Co. |
3,964 |
1869 |
Tarua Forest, Waihou or Thames River, |
1868 |
3,843 |
650 |
10,000 |
10,650 |
60 |
2 |
8 |
2,000,000 |
6,000 |
This mill cuts white pine only. A great part is shipped to Foreign Markets, the remainder is consumed at Grahamstown and Shortland; forest extensive. |
|
15. Holdshlp and Co. |
1,200 |
1868 |
Otuturu Block |
1870 |
850 |
700 |
1,750 |
2,450
|
20 |
1 |
2 |
500,000 |
2,250 |
This mill is situated at Grahamstown, and is connected with window–sash, door– making, and wood–dressing machinery; the product is consumed in the district. |
|
106,855 |
|
|
|
42,045 |
64,982 |
144,750 |
209,732 |
678 |
27 |
82 |
27,500,000 |
120,750 | ||
|
Totals |
|
15th July, 1875. JAMES MACKAY.
![]() |
4.235 247 |
▲back to top |
3 C.–3A.
Enclosure 2.
Mr. JAMES MACKAY, to the COMMISSIONER OF CROWN LANDS, Auckland.
SIR,—
Auckland, 12th July, 1875.
As I am procuring, for the information of the General Government, a return respecting the timber trade of this Province, I have the honour to request that you will be so good as to supply me with a return showing the number of timber licenses issued within the limits of the Coromandel Peninsula and District of Hauraki from the 1st July, 1860, to the 30th June, 1875, showing the block for which such license was issued, and the fees received in respect thereof, with the name of the person in the favour of whom it was granted.
I have, &c.,
JAMES MACKAY,
The Commissioner of Crown Lands, Auckland. Agent General Government.
Enclosure 3.
The COMMISSIONER OF CROWN LANDS, Auckland, to Mr. MACKAY.
SIR,— Crown Lands Office, Auckland, 13th July, 1875.
In compliance with the request contained in your letter of yesterday's date, I have the honour to enclose a return showing the number of timber licenses issued within the limits of the Coromandel Peninsula and District of Hauraki, from the 1st July, 1860, to the 30th June, 1875, together with the name of the block for which such license was issued, the fees received in respect thereof, and the names of the persons in favour of whom such licenses were issued.
I have, &c.,
D. A. TOLE,
James Mackay, Jun., Esq., Commissioner of Crown Lands.
Agent General Government, Auckland.
Sub–Enclosure to Enclosure 3.
RETURN showing the number of TIMBER LICENSES issued within the limits of the Coromandel Peninsula and District of Hauraki, from the 1st July, 1860, to the 30th June, 1875, together with the name of the Block for which such license was issued, the fees received in respect thereof, and the names of the persons in favour of whom such Licenses were issued—
|
Total amount of Licenses issued. |
Name of Block for which License was issued. |
Fees received in respect of License. |
Name of Person to whom License was issued. |
|
Nineteen (19) |
A wakanae Hoho Ditto Purangi Mercury Bay Purangi Whenuakite Mahakirau Hobo Whenuakite Mahakirau Hoho Te Kauri Ditto Purangi Te Kauri Mahakirau Ditto ... Hoho ... |
£ s. d. 5 0 0 2 10 0 5 0 0 2 10 0 2 10 0 5 0 0 5 0 0 5 0 0 5 0 0 5 0 0 50 0 0 5 0 0 5 0 0 5 0 0 2 10 0 2 10 0 25 0 0 50 0 0 5 0 0 |
Heron Andrews and Matthews Thomas Carina Ditto Neill and Savage Vincent De Moitch Neill and Savage Paraneha George Strong Joseph Baker Archibald Smith Thomas Sullivan John H. Giuliani Thomas Carina George William White Thomas Carina John F. Connolly Thomas Sullivan . Ditto Antonio Joseph |
|
|
|
£ 192 10 0 |
|
Crown Lands Office, Auckland, 13th July, 1875.
D. A. TOLE,
Commissioner of Crown Lands.
![]() |
4.236 248 |
▲back to top |
4
C.–3A.
Enclosure 4.
Mr. JAMES MACKAY, to the SECRETARY, MERCURY BAY SAW MILL COMPANY.
SIR,– Auckland 5th July, 1875.
Referring to the conversation I had with you some months ago respecting a proposed modification of the conditions of the timber leases held by the Mercury Bay Saw Mill Company, over the Taranoho and Kaimarama Blocks in the Mercury Bay District, by reducing the term of the leases from ninety–nine years to twenty–one.
I have the honour to request that you will be so good as to inform me whether the Company are willing to make the proposed alteration.
I have, &c.,
JAMES MACKAY,
The Secretary, Mercury Bay Saw Mill Company, Agent General Government.
Auckland.
Enclosure 5.
The SECRETARY MERCURY BAY SAW MILL COMPANY to Mr. MACKAY.
Custom House Street, Auckland, 13th July, 1875.
In reply to your communication of 5th instant, and conversation held between ourselves, leases of Kauri held by this Company, I am directed by the Directors of this Company to inform you that they have agreed to recommend to the Shareholders that the lease of the Kaimarama Block be reduced to twenty–one years and the Turanoho Block to forty years. A meetig of Shareholders will shortly be held, the result of which I will inform you of.
I have, &c.,
James Mackay, Esq., Agent General Government. BENJ. GILMORE, Secretary.
Price 3d.]
![]() |
4.237 249 |
▲back to top |
C.–3B.
1875.
NEW ZEALAND.
RETURN OF NAMES OF EUROPEANS FROM WHOM LANDS, &c., 0 HAVE BEEN PURCHASED.
Presented to both Houses of the General Assembly by Command of His Excellency.
RETURN giving the Names of all Europeans from whom Lands or Claims to Lands have been purchased, or to whom Compensation has been paid, in respect of Claims to Land out of the £700,000 set apart for the purchase of Native Lands; also showing the Amounts paid to each of such Persons respectively, and the Position and Area of Blocks in respect of which such Payments have been made.
|
Names. |
Amounts. |
Particulars of Claim ; Position and Area of Blocks in respect of which Payments have been made. |
|
|
£ s. d. |
|
|
John Charles MacCormick |
718 8 0 |
Purchase of Pungaere Block, Bay of Islands District, Auckland, 7,184 acres. |
|
John McLeod |
100 0 0 |
On account of judgment debt against Hori te More, to be deducted from the purchase money of the Pakiri Block, Kaipara District, Auckland, 32,000 acres. |
|
Stannus Jones |
150 0 0 |
In consideration of his final surrender of his rights over the timber on Pakiri Block, Kaipara District, Auckland, 32,000 acres. |
|
Allan K. Taylor |
189 16 2 |
Purchase money and legal expenses in connection with transfer to the Crown of part of Waipapa Block, Kaipara District, Auckland, 1,306 acres. |
|
|
126 0 0 |
Purchase money, Pukeatna Block, Coromandel District, Auckland, 239 acres 1 rood 20 perches. |
|
Whitaker and Russell |
130 0 0 |
For all their interest in Cabbage Bay Block, Coromandel District, Auckland. |
|
|
52 10 0 |
For all their interest in Papa Aroha Block, Coromandel District, Auckland. |
|
James Foley |
10 0 0 |
Claims in Ohinemuri Block, Coromandel District, Auckland. (This amount has since been refunded to Government by the Native owners.) |
|
Edward Wood ... |
15 0 0 |
For losses sustained by stoppage of survey of the Paeroa Block, at Ohinemuri, Auckland. |
|
Daniel Joseph O'Keefe Edwin Torrens Brissenden Thomas Logan Michael Hannaford |
1,5 00 0 0 200 0 0 |
Transfer to Government of liens (amounting to £2,105) over Wharekawa West, 15,000 acres; Wharekawa East, 10,754 acres ; Omahu, 7,056 acres; Otama East, 1,217 acres; Otama West, 1,298 acres ; Whitipirorua, 1,245 acres; Coromandel District, Auckland. |
|
Daniel Joseph O'Keefe |
20 0 0 |
Unsatisfied claims in Wharekawa East Block, 10,754 acres, Coromandel District, Auckland. |
|
Walter Hallett |
98 0 0 |
Balance of survey lien registered against Runanga No. 2 Block, 45,000 acres, Taupo District, Auckland. |
|
M.R. Miller . 1,‘ |
300 0 0 |
Relinquishing claims to leases; Horohoro, 50,000 acres; Te Tatua, 25,000 acres; Paeroa, 100,000 acres; Kaimanawa, acres; Ratoreka, 35,000; Taupo District, Auckland. |
|
|
2,070 0 0 |
Purchase of 10,000 acres of Oruanui Block, Taupo District, Auckland, and refund of expenses connected therewith. |
|
William Thorne Buckland |
55 0 0 |
Transfer to Government of lease of 20,142 acres of Oruanui Block, Taupo District, Auckland. |
|
. |
500 0 0 |
For all interest in Taharua Block, 13,900 acres, Taupo District, Auckland. |
|
Gavin McIntyre Park |
400 0 0 |
For all interest in Tauhara Middle Block, 11,594 acres, Taupo District, Auckland. |
|
James Macmurray |
50 0 0 |
Ditto, ditto, ditto. (£10 of this amount has been refunded to Government by Native owners.) |
|
George Edward Read |
697 2 0 |
For all interest in Tologa Township Blocks Nos. 1 and 2, 253 and 164 acres respectively, Poverty Bay District, Auckland. |
|
|
400 0 0 |
On account of the purchase of Mangawaru Block, acres, at Waiapu, Poverty Bay District, Auckland. |
|
Charles William Ferris |
200 0 0 |
Part payment for his interest in Te Marunga Block, 7,660 acres, at Tologa Bay, Auckland. |
|
Richard David Maney |
3,000 0 0 |
For all his interest in about 267,120 acres of land at Wairoa and Turanga, Auckland. |
|
Percival Barker Cable ... McDonald ... Drammond ... |
500 0 0 |
For all their interest in Tukurangi and Waiau Blocks, 75,000 acres, Upper Wairoa District, Auckland. |
|
Henry Charles Young |
124 3 6 |
For all his interest in Lot 12, Parish of Matata, 4,200 acres, Bay of Plenty District, Auckland. |
|
Whitaker and Russell |
858 16 8 |
Refund of payments to Natives, and survey expenses, &c. Matakana Island, Tauranga District, Auckland. |
|
Preece and Graham |
150 0 0 |
For all their interest in Te Ta.patai, , Tauranga District, Auckland. |
|
Edwin Torrens. Brissenden Charles Tothill Morrin ... |
3,600 0 0 |
For all their interest in Ngatiraukawa lands, Patatere, estimated 249,000 acres, Waikato District, Auckland. |
|
James E. Dalton |
175 10 0 |
Survey lien on part of ditto, ditto, ditto. |
|
Alexander Kennedy |
536 12 0 |
For all his interest in Rotokakaranga Block, estimated, 50,000 acres, Hawke's Bay. |
|
Thomas Fox |
343 0 0 |
For all his interest in Hikurangi Block, about 9,555 acres, Poverty Bay District, Auckland. |
![]() |
4.238 250 |
▲back to top |
C—3c.
1875.
NEW ZEALAND.
LANDS PURCHASED BY GOVERNMENT FROM
EUROPEANS IN WAIKA TO,
(RETURN OF).
Return to an Order of the Souse Of Representatives, dated 9th September, 1875,
"That there be laid on the Table a Return showing what lands in Waikato have during the last two years been purchased by the Government from Europeans, such return to specify area and position of lands, prices paid, and the names of persons from whom such lands were purchased."—(Sir G. Grey.)
RETURN showing what Lands in Waikato have during the last two years been Purchased by the Government from Europeans, specifying Area and Position of Lands, Prices paid, and the Names of Persons from whom such Lands were purchased.
|
Names of Persons from whom Purchase. |
Area. |
Position of the Land. |
Price paid. Remarks. | ||
|
|
A. B. P. |
|
£ s. d. | ||
|
|
50 0 0 |
|
| ||
|
|
50 0 0 |
" 10 Allotment 49, Parish of Pirongia "109 " |
|
| |
|
|
50 0 0 |
„" 120 " |
|
| |
|
|
50 0 0 |
„ 133 „ |
|
| |
|
|
50 0 0 |
" 153 „ |
|
| |
|
|
50 0 0 |
" 213 " " |
|
| |
|
|
50 0 0 |
„ 217 „ " |
|
| |
|
|
50 0 0 |
" 250" " |
|
| |
|
|
50 0 0 |
" 259"" |
|
| |
|
|
50 0 0 |
"„ "263 " |
|
| |
|
|
50 0 0 |
" 30" |
|
| |
|
|
50 0 0 |
" 35" |
|
| |
|
|
50 0 0 |
" 37 " |
|
| |
|
|
50 0 0 |
„ 51 „ |
|
| |
|
|
50 0 0 |
"107 "„ |
|
| |
|
|
50 0 0 |
"206 " " |
|
| |
|
. |
50 0 0 50 0 0 |
"207" " "214" |
|
| |
|
William Aitken |
50 0 0 |
"220" " |
3,138 0 0 |
Purchased as a place of | |
|
|
50 0 0 |
"244" " |
|
settlement for the King's | |
|
|
50 0 0 |
"251" „ |
|
people. | |
|
|
50 0 0 |
"253" " |
|
| |
|
|
50 0 0 |
"269" "„ |
|
| |
|
|
50 0 0 |
"271" " |
| ||
|
|
50 0 0 |
"272 " " |
| ||
|
|
200 0 0 |
Part "329" " |
| ||
|
|
50 0 0 |
" 6 " |
" | ||
|
|
50 0 0 |
" 9 |
| ||
|
|
50 0 0 |
„ 10 „ " |
| ||
|
|
50 0 0 |
"39" " |
| ||
|
|
50 0 0 |
"42" " |
| ||
|
|
50 0 0 |
" 78 " " |
| ||
|
|
50 0 0 |
"„ 80 „" " |
|
• | |
|
|
50 0 0 |
" 81 " " |
|
| |
|
|
50 0 0 50 0 0 |
" 79 " " " 113 " " |
|
| |
|
|
142 0 0 |
76 " " 77 " " |
|
| |
|
|
2,092 0 0 |
|
|
| |
|
. |
500 0 |
" 22 " |
|
| |
|
|
50 0 0 |
" 55 " " |
|
| |
|
|
5000 |
57 e " |
|
| |
|
Jacsonand Bussell |
50 0 0 50 0 0 |
194 " " " "203 " |
400 0 0 |
Do. do. | |
|
|
50 0 0 |
"210 "„ " |
|
| |
|
|
50 0 0 |
"215 " " |
|
| |
|
|
50 0 0 |
" 121" " |
|
| |
|
|
400 0 0 |
|
|
| |
|
James Marshall Lennox |
50 0 0 |
"149„ |
50 0 0 |
Do. do. | |
|
Bree 50 0 0 50 0 Thomas Morrin and |
" "246 „ Pirongia " 248 " |
62 10 0 |
Do. do. | ||
|
18 1 26 |
Portions of Allotments 103, 226, 226, 224, and 223 Whangarnarino |
250 0 |
| ||
|
|
(including severance and. fencing) |
|
| ||
|
|
Portions of Allotment 191N, 1 Rangaviri, Waikare Lake cations of Allotments 686- and |
185 0 0 |
Purchased for railway purposes | ||
|
|
602, Npruswahis (including |
|
| ||
|
|
0 1 20 |
compensation for removal of printing office and other build- i ing |
400 0 0 |
| |
|
| |||||
![]() |
4.239 251 |
▲back to top |
![]() |
4.240 252 |
▲back to top |
![]() |
4.241 253 |
▲back to top |
![]() |
4.242 254 |
▲back to top |
REPORT.
THE Select Committee appointed to inquire into the whole of the circumstances connected with the acquisition and transfer to provincial administration of the Tairua and Pakirarahi blocks, in the Province of Auckland, and of all dealings whatsoever therewith by either the Colonial or Provincial Governments up to the present date, have the honor to report as follows :-
The Tairua block, of 36,000 acres, was conveyed by the Natives to the Queen on the 7th December, 1872, without any reservation being expressed in the body of the deed, except of Certain timber rights, to which the Committee will presently allude.
The purchase Of this block from the Natives was concluded as stated by the Native Minister. It was one of several blocks reported on by Mr. Preece, in respect of which the recommendation required by the Immigration and Public Works Amendment Act had been made by the provincial authorities.
On the 24th June, 1874, the Tairua block was proclaimed waste lands of the Crown, subject to be dealt with in accordance with the land laws for the time being in force for the Province of Auckland. No reservation was notified in this Proclamation. On the 25th July, 1874, Mr. Mackay wrote a letter to the Provincial Government, stating that there was a reserve of 1,000 acres at Tairua not yet defined on the ground. On the 15th July, 1874, the conveyance of the Tairua block from the Natives to the Queen was registered. On the 14th April, 1875, the surveyor appointed by the Provincial Government reported the desirability of reserving a valuable site for a township in the Tairua block. On the 15th May, 1875, the Provincial Government heard that this same town site was about to be surveyed on behalf of the Natives, and Mr. Mackay did not report the special selection of this reserve until after this survey had been made; and on the 2nd Judy, 1875, the Provincial Government first learnt positively that it had been selected by the Natives as their reserve of 1,000 acres in the Tairua block, and that the Natives had leased it to an interpreter named Guilding, in Mr. Mackay's employment. He (Mr. Guilding) had had full knowledge of the transactions connected with this reserve from the signing of the original deed assigning the Tairua block to the Queen. Mr. Guilding, it appears, subsequently admitted Mr. O'Halloran, another clerk in Mr. Mackay's employment, as a partner in this lease.
It appears that Mr. Mackay was not cognizant of this transaction prior to its completion, and he states in evidence that he expressed his disapproval of it.
Mr. Guilding was an interpreter, and Mr. O'Halloran a clerk engaged and paid by Mr. Mackay both in his public and private business.
The Committee are of opinion that the leasing of this reserve by persons employed by Mr. Mackay, and presumably with special information on the subject, not accessible to the public generally, is open to the gravest objection.
The facts relating to the acceptance by Mr. Crippen, a clerk of Mr. Mackay's, of a share in the Prospectors' Claim, are as follows :-
The prospectors requested their agent, Mr. W. A. Graham, to offer a share in this claim to Mr, Mackay, the General Government Agent. Mr. Graham did so, and Mr. Mackay refused to accept it, giving as his reason that it would perhaps be made use of against him in his official capacity. Mr. Mackay was then asked if he would like to give it to Mr. O'Halloran. He objected to Mr. O'Halloran receiving it, as he was connected with him by marriage; but he suggested that Mr. W. A. Graham might give it to Mr. Crippen, "who had been a faithful servant of his." The share was accordingly given to Mr. Crippeu, and subsequently, as appears front Mr. O'Halloran's evidence, the share was divided equally between Mr. Mackay's two clerks, Mr. O'Halloran and Mr. Crippon.
It appears from documents before the Committee that this share was very shortly afterwards sold for a sum of about .62,000. Mr. O'Halloran acknowledges that he received .£700 or £800 for his half-share.
Mr. Mackay states positively that he himself has no interest in the claim, direct or indirect.
The Committee consider that this transaction was highly improper, and that, while Mr. Mackay declined the share himself, he should have peremptorily refused to allow any of the persons in his employment to accept it.
The terms upon which Mr. Mackay was employed upon the purchase of the Tairua and other blocks are narrated in the correspondence between him and the Public Works Department in the year 1872, and subsequently in papers laid on the Table this year ( C. No. 3). From the 1st August, 1869, till January, 1872, Mr. Mackay had been engaged iu business negotiations with private individuals; under which he had arranged for acquiring certain rights to timber, and it was made a condition of his undertaking the acquisition of these lands fur the Crown, that the arrange- ments for the timber which he had previously made on behalf of private individuals should be respected.
Under these engagements the Provincial Government have acquired about 130;000 acres of
ORDERS OF REFERENCE.
(Extract, from the Journals of the House of Reprsentatices.)
THURSDAY, THE 29TH DAY OF JULY, 1875.
Ordered, That a Committee of twelve members, consisting of tho Hon. Sir Donald McLean, the Hon. Major Atkinson, Mr. Bradshaw, Mr. O'Neill, Mr. Rolleston, Mr. Richmond, Mr, Thomson, Mr. Reid, Mr. Wood, Mr. White, Mr. Sheehan, and the Mover, be appointed to inquire into the whole of the circumstances connected with the acquisition and transfer to provincial administration of the Tairua and Pakirarahi Blocks, in the Province of Auckland, and of all dealings whatsoever therewith by either the Colonial or Provincial Governments up to the present date. With power to call for persons and papers. Five members to be a quorums and report to be brought up within six weeks.—(Sir G. Grey.)
FRIDAY, THE 27TH DIY 07 AUGUST, 1875.
Ordered, That the Tairua Committee be authorized to inquire, to such an extent as the evidence taken before them may appear to render necessary, into the circumstances connected with any purchase of land negotiated or concluded by Mr. Mackay, Mr. Brissenden, or Colonel McDonnell.—(Sir G. Grey.)
WID,NESDAYTHE 8TH DAY 07 SEPTEMEMBER, 1875.
Ordered, That four weeks additional time be granted to the Tairu. Investigation Committee, within which to consider and report upon the matters referred to it.—(Sir G. Grey.)
![]() |
4.243 255 |
▲back to top |
, IV
land ; but the timber, for the most part, has passed into the hands of private individuals, by leases extending over a period of from twenty-one to ninety-nine years.
The prospect of land being required for gold mining purposes seems to have influenced the Government in making an arrangement which would otherwise have little, if anything, to recommend it as productive of public benefit.
Your Committee arc of opinion that it ought not to have been left to the Land Purchase Agent, considering his previous relations to those transactions, to determine the nature and extent of those rights of private persons which the Government had authorized to be respected.
It is clear to the Committee that the equity and value of such rights as have no legal sanction should, in these and all future cases, be the subject of investigation by some independent tribunal; and some means should now be taken satisfactorily to adjust the claims to timber, the title to which may require validation, And to settle upon a permanent basis the respective rights of the holders of these leases, and of the public.
The Committee, while recognizing the difficulties which the Government had to encounter when establishing the Land Purchase Department, are of opinion that the state of things which, as shown by the evidence, exists in the Land Purchase Department is not an unnatural result of the anomalous position occupied by some of the purchasing agents. Thus, Mr. Mackay stands in a singularly undecided position. At one time he is admittedly a Government officer, at another he claims to be in an independent position, conducting land purchases for the Government on commission. In his employment, and standing in confidential positions towards him, Messrs, O'Halloran and Crippon have the opportunity of taking part in Government land. purchase business, and are in a position to ascertain the intentions of the Government, and have access to Government records, and yet, at the same time, they are not in any way whatever under the control of the Government.
The Committee consider that the engagement of persons on such conditions is inconsistent with the public interest, and they recommend that in future all persons employed by the Government as agents for the purchase of land, no matter whether paid by salary or commission, and all persons in their immediate employment, should be taken to be Government officers, and be subject to the ordinary rules of the Civil Service.
Finally, the Committee express their opinion that the general effect of the evidence is to create a feeling of distrust in the administration of the Land Purchase Department, and to reader it necessary that strong measures should be taken to purify the system, and remove from it those elements which, as shown by the evidence taken in regard to some of the agencies, are likely to bring discredit on the Public Service.
With this view legislation will be necessary. As the law affecting the purchase of Native lands now stands, and in view of the power which the Government has to intercept or to prohibit private negotiations, the public generally refrain fronm entering upon private purchases, knowing the difficulty of completing them without the consent, tacit or expressed, of the Government. This has already, in some instances, as shown by the evidence, subjected officers of the department to solicitations from private parties, on various grounds, to allow them to complete, and sometimes to assist them in completing, private transactions,
The Committee consider that the law should be altered so as either to re-establish the Crown's right of pre-emption, or else to permit the direct-purchase system to have full away.
The Committee are also of opinion that the purchase or leasing of Native lands directly or indirectly to their own interest or advantage, or for other persons, by Government officers or agents whose duty it is to purchase Native lands for the public, is contrary to the public interest, and that it should be an instruction to persons employed in the Land Purchase Department to refrain, on pain of dismissal from the Public Service, from being concerned in such transactions in the future.
Under the second order of reference, of Friday, 27th August, your Committee have taken a large amount of evidence, on oath, of a most conflicting character. Upon this they do not feel that they can arrive at any decisive or satisfactory conclusion. They have directed it to be appended to this Report.
G. GREY, Chairman..
MINUTES OF PROCEEDINGS.
WERNESDAY, 4TH AUGUST , 1878.
The Committee met pursuant to notice at 12 o'clock noon.
PRESENT :
Sir G. Grey, Mr. Sheehan,
Hon, Sir D. McLean,
Mr. Thomson,
Mr. O'Neill, IMr. White.
Mr. Richmond,
Order of reference read.
Resol red, on motion of the Hon Sir D. McLean, That Sir G. Grey be appointed Chairman of this Committee.
Resoleed, on the motion of the Hon. Sir D. McLean, That the Committee do adjourn till Thursday, the 5th August, at 11 o'clock, to allow time to procure papers, documents, &c.
The Committee then adjourned.
THURSDAY, 5TH AUGUST.
The Committee met pursuant to notice at 11 o'clock.
PRESENT
Sir G. Grey in the Chair.
Hon. Sir D. Mc Lean, Mr. Sheehan,
Mr. O'Neill,
Mr. Thomson,
Mr. Richmond, Mr. White.
Submitted: printed copies of correspondence relating to the Tairna, Native reserve ; printed copies of correspondence of claims upon land taken over by the Province of Auckland from the General Government ; also, printed copy of reports of Native Land Purchase Agents, and map of the Tairua district.
Sir G. Grey read and submitted a telegram from the Superintendent of Auckland to the Hon. the Colonial Secretary.
Resolved, on motion of Mr. Thomson, That Mr. Mackay be desired to attend to give evidence on Friday, 6th August, at 11.45 o'clock.
Resolved, on motion of Mr. Sheehan, That the Committee do adjourn till Friday, 6th August, at 11 o'clock.
FRIDAY 6TH AUGUST, 1875.
The Committee met pursuant to notice at 11 o'clock.
PRESENT;
Sir G. Grey in the Chair.
Hon. Sir D. McLean, Mr. Sheehan,
Mr. O'Neill, Mr. Thomson,
Mr. Richmond, Mr. 'White,
Mr. Rolleston,
The minutes of previous meeting read and confirmed.
Telegram from Sir G. Grey to the Hon. the Colonial Secretary, doted 15th June, 1875, read. Telegram from Mr. J Mackay to the Hon. Dr. Pollen, dated 15th June, 1875, submitted and read. The Hon. Sir D. McLean put iu correspondence relating to Tairua Gold Fields and Prospectors'
Claim.
Mr. Mackay's examination deferred.
Resolved, on motion of Mr. Thomson, That the Committee do Adjourn till Tuesday, 10th August, at 11 o'clock.
The Committee then adjourned.
TUESDAY, 10th AUGUST, 1875. The Committee met pursuant to notice at 11 o'clock.
PRESIDENT.
![]() |
4.244 256 |
▲back to top |
MINUTES OF EVIDENCE.
THURSDAY,12th August, 1875.
Mr. JAMES MACKAY examined on oath.
The Chairman. Did you purchase the Tairua block for the Govermnent?—Yes. Mr. Mackay.
Do you recollect the date ?—I am not quite certain. Some time in December, 1872. It will be found on referring to my report. It might be on the 6th or 7th of December, 1872. 12th Aug., 1875.
Was a lease executed by the Natives for the timber over that block of laud on the day before you purchased it?—Yes.
Was the lease to Messrs. Seccombe and Company? —To Messrs. Seccom be and Son.
Had you any interest, direct or indirect, with Messrs. Seccombe?—No, except what I had as their agent. In my report to Mr. Ormond of the 24th of January, 1872, I stated that the timber had been acquired by Seccombe and Son,
Did Seccombe and Son soon after sell the timber lease to Messrs Preece and Graham? —I believe they did.
Had you any interest, direct or indirect, with Messrs. Preece and Graham?—None whatever, except that I had lent Mr. Preece some money, which I afterwards got back.
What was the sum of money?—£400 or .£150. They wanted me to take an interest, but I declined.
Was the money lent when they began to make the purchase?—I do not know what they did with it—whether part of it might be to enable them to make the purchase ; I had no share in the timber. They wanted me to become a partner its the timber if they got it.
How long was the lease for ?—The original agreement was for as long as they chose to cut, but the lease was limited to forty years. It might be forty or forty-five years.
Did you try to sell Seccombe's lease to any other persons ?—When I was acting as Seceombe's agent, I was asked to sell to Brogden and Sons I was Seccombe's agent for surveying the block and getting a title. I stipulated with Mr. Ormond, when the Government asked me to purchase land, that I could not sacrifice the interest of my clients. Mr. Ormond said that he did not expect me to do so. I had to state in my report the position of the timber on the blocks ; that is, whether it had been alienated; and then an arrangement was made as to the purchase. That was why the report of 24th
. January, 1872, was written.
When you were trying to sell for Messrs. Seccombe and Son, did you state that the timber they had the right to would be cut in five years ?—I think not. On the contrary, I think I could find a telegram of Seccombe, addressed to me at Wellington, in which it is stated that there would be fifty years' cutting.
You did not telegraph to anybody to say that Seccombe had said five years.—I do not think so. At the time I was selling to Brogden I did not know much about it ; and I telegraphed to Seccombe, asking him how many years' cutting there would be, and I think he told me fifty years.
11. I have seen a telegram with your name, in which it is said that five years is the time.—That might be. That has nothing to do with the question. The Native agreement with Seccomhe for the timber is until it is all cut, I might have done so under instructions from Mr. Seccombe.
In the case of the Hihi and Piraunui blocks, did you purchase these from the Natives on the 21st September, 1872?-I cannot say the exact date when they were purchased. It is probably mentioned in the report of 24th March, 1873. It might possibly be September. I do not recollect the date of these deeds.
On the day before the purchase of that block, was a lease of the timber and incidental rights for ninety-nine years given by the Natives to Messrs. Russell, Stone, and Wilson ?—Yes.
Then the Opango block—did you purchase that on the 24th of August, 1872, or about that date?—Yes, about that date.
18. On the 29th of July was the lease of the timber and incidental rights given by the Natives to the same gentlemen ?—I believe so,
Did you receive any money from them for these timber leases—from Messrs. Russell, Wilson, and Stone, or any of them ?—They were originally my own purchases. I bought that timber and transferred it to them.
What did you sell to them for?—I got £100 ever and above what I had paid to the Natives.
What was the sum paid to the Natives?— I paid the Natives £100. They paid the Natives £1,000 more. They carried out my original agreement for the Waiwhakaurunga and Opango blocks. I did not get anything for Hihi and Piraunui ; I had not paid any money to signify on Hihi and Piraunui. I transferred to them before 1 had anything to do with the Government land purchases. I had nothing to do with the Government between 1869 and when I commenced to buy land, in 1872,
Why was not mention made in the lease that you were the real person that sold to them suppose that nobody had anythingto do with my private transactions when I was not purchasing land for the Government. Between the 31st July, 1869, and the time when 1 undertook to buy for the Government, I had as much right to buy timber as any other of Her Majesty's subjects, and therefore had a right to transfer. I transferred before I had anything to do with purchasing land. I had no personal interest when Mr. Russell and the others acquired the lease.
Why was it stated that the Natives were the real sellers ?-Because the agreement had only been made, and I had not paid the balance of the purchase money to the Natives. They (Russell and others) were the actual purchasers.
1—1.1
![]() |
4.245 257 |
▲back to top |
2
1.–i.
Mr. Mackay.
12th Aug, 1875
RoIleston .] You sold an inchoate agreement to them?—Exactly so.
The ] Have you any copy of the agreement?—I did not keep any copy. I handed it to them. I gave over all the documeuts to the parties. I stated in my report that the timber on Whakairi and Kauaerauga had been purchased by a company. (Whakairi and Waiwhakaurunga are the same.)
26. The 7th of December, 1872, I believe is the date on which you bought the Tairua block from the Natives?—Yes.
27. When the block was purchased, was a reserve of 1,000 acres made for the Natives?—When I first entered into negotiations for the purchase of the Tairua block, the Natives said they would take £3,000. No mention was made of a reserve. I had the deed drawn up with a reservation of the timber only. When the Natives came to sign it, they said they wanted a reserve of 2,000 acres, or they wanted £100 for every thousand acres, which would be £3,000, and they would not sign the deed unless I agreed to one or other of these demands. I said I would agree to give them a reserve of 1,000 acres, but that I should deduct £100, making £2,900 instead of £3,000. I said I would make a memorandum that they should get a reserve of 1,000 acres. They were not satisfied with the memorandum, and I indorsed it on the back of the deed. The memorandum stated that the conveyance was subject to a reserve of 1,000 acres, and that the selection of that reserve was to be made within three moonths. The reason why I limited the time was because Mathew Barry had found gold there, and I thought it might be opened as a gold field, and that the Natives should not be allowed to select in any way they liked on the block. I was ill in March, and could not attend to it, and in April the Government asked me to go to Waikato, and consequently the reserve was not laid off. These are the circumstances, under which the reserve was made. That indorsement was made on the deed before any of the Natives signed it.
28. When did you first report to the Government that the reserve was made?—On the 24th March, 1873, as will be seen by my report.
29. Was Mr. Guilding your interpreter at the time? Mr. Guilding was there, and Mr. Preece, and Mr. O'Halloran, and several others,
30. They all knew this reserve was made? Yes, perfectly.
31, When was the reserve first selected? It was stated at the time that they might require it be two blocks; the largest portion at their old cultivations at Pukiore, and the other outside.
When did you select the particular block? I had not the leave to select. The Natives were to select it.
When did they select it?—In May last I sent Mr. O'Halloran and Mr. Guilding to Mercury Bay to get souse signatures to a deed. The Natives made a request that it should be surveyed, and I gave directions to Mr. Guilding to go there with a surveyor and to survey the reserve.
34. That was in May last, after the proclamation of the gold fields?—It became necessary, as the ground near there was being worked. The Natives asked me to have it laid off, and accordingly I sent over to have it done. Mr. Guilding's report was on the 10th of June.
35. When did you report to the Provincial Government that this particular piece of land had been reserved?—I have nothing to do with the Provincial Government in the matter. I act under the orders of the General Government. I certainly should not report to the Provincial Government. I should report to the General Government. I offered to give you any information, but you declined to receive it.
36. That was long after?—Not very long after, I think. It was as soon as I arrived in Auckland.
I only arrived on the 23rd or 24th of June. I was here and at Nelson on account of the death of my father. The survey of the reserve was duly completed according to my interpreter on the 10th. I arrived at Auckland on the 23rd June, when I received this telegram front Dr. Pollen. (Read telegram in papers marked B.) I then communicated with you at Grahamstown. On the 22nd June Dr. Pollen telegraphed to me, but it did not reach me till the 25th, when I immediately telegraphed to you as follows: (Copy of telegram read in papers B.) Other correspondence passed which I now hand to the Committee. On the 20th June I received a reply that you thought it desirable under present circumstances to communicate direct with the General Government.
37. When did you report to the General Government that this particular reserve had been made?—The Government knew it was made, as it was stated in my report of the 24th March, 1873. It was also excluded from the Proclamation of the Tairua block, under the Hauraki Gold Mining Districts Act, on the 8th or 9th of April.
38. That particular block?—1,000 acres. I have acquainted the Government that it has been Surveyed. I acquainted them verbally with it as soon as I saw Sir Donald McLean.
39. When was that?—About the time all this telegraphing was going on respecting the Tairua question. I made a communication on the 17th of July. That Was after the question had been raised by your Honor. I think I informed Sir Donald McLean personally about the 11th or 12th of June. It was a matter of faith with the Natives.
40. Are you aware that the Provincial Government thought that the best town site on the block?
—I am not aware of the thoughts of others.
41. When were you aware that your interpreter was about to lease that particular block of land?—When Your Honor first charged me with it.
42. You did not know it before? No. I telegraphed to him when I first saw the charge in one of the Thames papers, and asked him if he had anything to do with it, and I got this answer. The day after I arrived in Auckland I heard that your Honor had made a statement that I had a lease of the reserve, and I also saw it stated that I had fixed on it as a site for a township. I telegraphed to Mr. Guildiug and Mr. O'Halloran,
asking whether they had any lease. I got the following answers:— "He got lease of Tairua reserve, but Natives have asked me to lease it. Do not see why I
ot take it, as Jacksonn, of Tairua, will if I do not; besides which they owe me money."
Mr telegraphed.—"Plan of Tairua reserve will be forwarded to-morrow to Laud Count. Reserve has been surveyed at urgent request of Nativee. Am not aware of any one having obtained lease. Natives have repeatedly asked me to lease reserve." On the 20th
"I have no lease of Tairua reserve, but have promise of one from Natives, and have paid money to them, and have got receipts on account of rent. Do not see why I should not take it." Another private telegram was sent to me in Auckland as follows :—"Grace in Auckland to put injunction on
Tairua claim
Tairua claim for Natives. Turkey told me. Tooker also seys letters in Thames papers, re Block 27, Hikutaia, &c., are his dictation, and written by Grace. He also says he is Grey's mainstay, and
supplies him with all information. Taipari wants Tookey, Grace, and himself to work together. Tookey also says that if I will give you up, that he will telegraph to Grey that he was mistaken, and that I have nothing to do with you, and for him to give up all objections to my lease Tairua reserve." I answered, "Thanks for your honorable conduct in the matter. Try and get Tookey to commit himself to writing. Have you any objection to my letting the General Government have a copy of your telegram?" Mr. Guilding telegraphed,—"Will try and get him to commit himself to writing. No objection to your letting General Government have copy. Tentorn auxious to see you re Pakirarahi.”
Mr. Guilding having been a party to the original purchase of the Tairua Block?—It was a conveyance from the Natives to the Crown. Guilding, was not a party to the conveyance.
His name appears as a witness?—Yes.
45. And having therefore the knowledge that 1,000 acres had been reserved, and hating the knowledge that this particular block had been taken, which is certainly the best town site there, the General Government and the Provincial Government having no knowledge that such a particular block was taken, is it, in your opinion right that he should have used his official knowledge to try to secure that
for himself?—I do not think that Mr. Guilding had any more special knowledge than the whole public. It is stated in a public document, published in the Blue Book, that the Natives had the right to select 1,000 acres in one or two blocks.
46. It is not so in specified blocks?—Everybody knew it as well as Mr. Guilding.
47. That is no answer. That was not in reference to particular blocks?—The largest portion of the reserve was to be made at a Native cultivation called Pukiore, and the other at a outside, some other place. The block is selected in the places where it was originally intended to be, which can be procured, if necessary, by Mr. Preece, Mr. Guilding, Mr. O'Halloran, and several others, who were present when the deed was signed.
48. Where is it shown that the public had knowledge that that block was to be taken?—I cannot say. The Natives knew very well.
I am speaking of the Governments. The Provincial Government, which owned the land, did not know.—
That is no answer to my question, as to whether it was a proper transaction.—I do not see anything improper in it. It was perfectly understood that there was to be a reserve of 1,000 acres. It is 'frequently done when private individuals buy, that so many acres are conveyed back, [It saves covenant to produce title deeds being recited in the conveyance, and gives both parties clear title.] If the block had been selected in places other than the Natives first said, there might have been objection; but I do not see anything improper in carrying out a distinct arrangement. [A private person would have made a reconveyance of the 1,000 acres. I could not make a recouveyance, not having the power to issue a Crown Grant.)
If that arrangement was made, why was it not stated at the time?—For this reason. We all intended to carry the thing out in good faith. I did not trouble about it, thinking there was no difficulty. It was settled that there was to be a reserve of 1,000 acres to be fixed. The endorsement stated that the conveyance was subject to a grant to the Natives of 1,000 acres.
Did you purchase also for the Goverment some blocks of land at Hikutaia?—I did. 53. Was a Native reserve kept there?—No, not within the blocks purchased.
Did you lease a block from the Natives?—1 and others leased a block, but no portion of what I purchased from the Government; no portion of any reserve.
It was not kept by the Natives?—The Native Land Court made certain land inalienable, and when they sold Hikutaia and Whaugamatn, I, with some other parties, did lease the inalienable block, which was altogether outside and distinct from the blocks sold to the Government. Hikutaia No. 1 and Whangamata Nos. 2 and 4 were made inalienable by the Court, except on lease for twenty-one years. The Hikutaia No. 1 block formed no part of the purchase, and had never been the subject of negotiations.
Did you offer that for sale as a town site?—I and others did. I had as much right to lease as any other person. The Government had town site in another place, which I laid out for Mr. Gillies, who was then Superintendent. Both the Superintendent and Dr. Pollen were aware that I, with others, had a lease of the block which was inalienable, and which the Government could not purchase. It was made inalienable for Native residence. Everybody knew; it was made, inalienable in open Court. It was no portion of the land I had to negotiate for the Crown.
Did you, on the of April. report to the Government that 45 lbs. of stone from Tairua had yielded 50 ounces of gold?—Yes; I was told so.
58. Was the Tairua proclaimed a gold field on the same date?—I do not know whether it was the
same date. The first of the Proclamation I received was on the . I am not sure on
what date I reported what I had heard
what I had heard about the gold.
59. Is this a true extract from a of yours:—" Referring to Sir G. telegram
respecting the shares in the Tairua, Claim the conversation related by Mr. Graha take place
with me, except that I did not say Mr. O'Haliman wes a Government officer. which have been
incorrect. I said I would not accept any share in, the Claim, and objected to doing so, as
he was with me by marriage. I suggested give it to, who had been a
faithful servent of mine
Mr. Mackay.
12th Aug., 1876.
![]() |
4.246 258 |
▲back to top |
4
5
1.—1.
Mr. Mackay.
12th Aug., 1875.
ana equent to the Proclamation of the field. I assume Sir G. Grey wishes the Government to believe that I recommended the greeting of a prospector's claim on consideration of getting an interest in it. If Sir George Grey would kindly make inquiry, he would find that I had frequently refused similar offers of shares in claims."—That is correct. I wrote it.
60. Was Mr. Crippen your clerk?—He has been my clerk on and off at various times.
Do you know if he has sold shares subsequently? —I do not know anything of what he has done subsequently, and do not care.
Mr. Rolleston.] What was the effect of this lease of timber at Tairua?—The timber was leased with the necessary easements for taking it out, such as right of road and the use of the water.
Was the land presumed to be valuable for anything but mining? Did not Messrs. Russell, Wilson, and Stone get all that was deemed of value in this block?—These lands are valuable, as gold has been found through the whole of them. The leases do not interfere the right to mine.
64. At the time when you made the arrangement with Mr. Ormond to act as Land Purchase Agent for the General Government, had the Government the power to proclaim the land, cutting off the rights of Mr. Russell and the other parties?—The Proclamation was not issued till October, 1872, subsequent to use agreement. I believe these Proclamations have no force over lands which have passed through the Native Land Court, but only over lands over which the Native title has not been extinguished.
65. These lands had not gone through at the time you were negotiating?—In the Tairua case, I think the rights of under the last lease would he acquired after the proclamation of the district under the Public Works Act. I found that several Europeans were trying to negotiate for the land I was instructed to purchase, and I asked whether the Government would proclaim a certain portion under the Act; they agreed to do so. There was great discontent because the flat lands at the Thames had been included, and the Government were requested to withdraw it from these lands; they did so, and the line was taken along the base of the hills. These blocks would come within that Proclamation. Some of them had passed through the Native Land Court before the Proclamation, and others had not. The piece over which Mr. Russell and others have the lease was passed through previous to the Proclamation, if I recollect rightly.
Does the Proclamation affect the timber. Cut people get from the Natives leases of the timber, with the easements, in spite of that Proclamation?—I should say not, provided there had been no previous arrangement. This agreement of was made on the 18th March, 1864 (copy of agreement handed to Committee), so that they had the timber long before the Government proposed to deal with the land. I declined to purchase any land for the Government, unless the interests of the millowners, which I consider very great, were conserved. I should have been guilty of a breach of faith to men who had employed me as their agent if I had not done that. (Mr. Mackay read to the Committee a report of his, dated the 17th July, 1875, C. in which he shows the value of the interests of the millowners.)
Who was in negotiation for the flat lands, and what has become of them?—They have since been included. Private persons wished to acquire them, and public meetings were held at the Thames to get them withdrawn from proclamation. Since then a Proclamation has been issued, including not only these but a larger area.
Is Mr. Guilding a paid officer of the General Government?—No, he never has been. I pay my officers and clerks out of my commission. I am paid by commission. I am not a salaried officer.
What is Mr. Crippen's office?—He is a private clerk. It costa me more than £1,000 a year for clerks, interpreters, and agents.
Mr. O'Neill.] Have you a miner's right for the Thames Gold Field or Ohinemuri?—I am not the holder of a miner's right.
Mr. Thomson.] It appears the lease to Preece and Graham was dated only a day before the land was bought?—Yes; to Seccombe and Son.
Was the Government acquainted with this?—The Government was acquainted generally with the fact that these people had rights over the timber before I went to purchase at all. I stated distinctly the position of each block, and whether the timber was alienated or not. (Mr. Mackay read extracts from letter sent by him to Mr. Ormond, 24th January, 1872, and Mr. Ormond's reply.)
It would appear that these interests to which you refer were interests connected with the saw-mills?—Yes.
74. Do you consider that these interests could not have been easily acquired by the Crown, as they appear to interfere with the value of the block. Could the Government not have bought out these saw-mill owners?—(Mr. Mackay read figures from a return made up by him to show the extent of the saw-mill industry.) He proceeded: This lease was only in confirmation of an agreement made before, and to make the title of the Crown clear. The previous right was to cut for ever. (Witness referred to copy of original agreement.) I do not think the Government would have been able to get the land so cheap had not the timbre been sold.
75. The Chairman.] Haw much did Preece and Graham give for this lease?—I forget. £5,000 or
£6,000. had wanted to sell it for a long time.
76. Mr. Rolleston.] Do you consider that the lease to was legal?—I think it would have been au unjust act for the Government to have attempted to take us conveyance without acknowledging Seccombe's right. Mr. Munro, who is now a Judge of the Native Land Court, was the person Who witnessed the agreement, and the money was paid in the Native Office in Auckland in the presence of Dr. Shortland, before the colony had accepted responsibility in Native affairs.
77. The Chairman.] Is the lease lawful?—That lease was not lawful at the time. There were several others in the same position, and, indeed, all the saw-mills. These agreements have been in a manner legalized by the th section of " The Native Lands Act, 1873,". which states that whereas agreements have been made by private persons for the purchase of timber, flax, and other natural productions growing on Native lands, and that although such agreements were not strictly legal they shall be confirmed by the Court for a period not exceeding twenty-five years.
78. Mr. Thomson.] Did you take any part in the negotiations between Preece and Graham and Seccombe and Son? Did Preece and Graham you?—No, they partly talked over the matter themselves. I had some conversations with Seccombe about it, I was his agent from 1869 up to the time I was employed by the Government. Mr. Seccombe's case was one of those to which I drew Mr. Ormond's attention.
79. Mr. Rolleston.] I am not asking whether this agreement was just, or calling in question your position, but I wish to know what has been the course of the Government from the first. Was this Agreement made with the sanction of the Government?—The agreement was drawn up and signed in the Native Office in Auckland.
80. The Government has been persistent in a long course of years in acting without any law at all?—It became a custom; everybody bought timber, and I believe the Government winked at it. The Government could not enforce the law; the people must have timber. Until "The Native Lands Act, 1873," such transactions were not recognized by law. I should say the dealings were illegal, except where the lands were held under Crown grant.
It was in 1872 that this arrangement in which Mr. Russell and others are concerned was made?—No; it was made in 1808 or 1869. Mr. Russell's agreement was made before the land went through the Court.
Mr. Thomson] I have a question to ask respecting Mr. Crippen. You say you are not a salaried officer of the Government. Do you do work for private persons?—I do not work for any private persons now. I have not taken in any new work since I commenced to purchase for the Government.
83. You say that your clerks' expenses amount to £1,000 a year?—Yes. In addition I frequently share my commission with others whom I employ to assist use. I shared a large amount with Messrs. Preece and Graham for assisting me.
The business of your office must be altogether connected with Government business?—I do not transact business for private persons. The other day Mr. Firth came to me and said he wanted a signature procured to a deed, and offered me £100 to get it. I said I did not take any private work, as I had been accused of various things. I said if I saw the Native I would ask him to sign, as lie said he would deal only with me, but I would take no remuneration.
Under these circumstances, are you justified in speaking of Mr Crippen as your private clerk?—He is paid by me privately, not by the Government.
You say his work is altogether connected with the Government?—I am in the same position as any private land agent employed by the Government to buy certain lauds. Certain limits are made as to price, and of course I purchase within these limits. The Government do not interfere with me whilst making these purchases.
But you objected to take an interest in this claim on the grounds that your position might be prejudiced?—Yes, because in that question I was acting as Agent for the Government, I was not acting in my capacity as a land-purehase agent when dealing with the Tairua affair.
88. Do you not think that Mr. Crippen was open to the same objection as yourself?—No, because he was not my clerk as Agent for the General Government. I have never charged the Government for clerical assistance in my office at the Thames.
89. Do you think that young men placed in that position, being really to all intents and purposes Government clerks doing Government work, and at the same time acting as private clerks, have advantages in becoming acquainted with the Government proceedings, at the same time that they are in the position of private individuals?—They very seldom know what I am doing for the Government as their agent. I sometimes occupy two positions. When acting as Agent for the Government I am not transacting land-purchase work. When I buy a block of land there are probably a number of signatures to be obtained, and I leave my clerks in the office to get the signatures, or to pay to the Natives their share of the money. They do that sort of work, as my business takes me all over the country. I was fourteen months Government Agent in the Waikato, and during that time Mr. Crippen was one of my clerks; he was then paid by the Government. When I left he became one of my clerks, paid by me out of commission. At the time the Tairua block was proclaimed, I was asked to act for a few months as Agent for the Government, which I did.
I am referring to the Aare given to him in this gold mine?—I do not know whether you have been acquainted with gold mining; but diggers have a habit when they find a claim, of behaving like men-of-war's men who have just been paid off giving shared to Tom, Dick, and Harry. I have frequently, between 1869 and 1872, had my name put down for shams in mines when I knew nothing of it.
The Chairman.] When this share was offered to you, you were sitting in your office as General Government Agent?—I do not know whether it was offered to me in my office. It was offered me two or three times, and I think once in the Pacific Hotel, and once in the street. It might have been offered in any office.
Mr. Graham said it was in the office that he waited upon you. It was offered to you as Agent for the General Government?—No, not as General Government Agent, but when I was acting as Government Agent.
93. You knew it was very valuable?—I did not know it was particularly valuable. I have been bitten so often about mines, that I have little faith in things of that sort.
Did you not think it became any agent of the General Government, when such an offer was made to him, to ask the gentleman making it to walk out of the office?—It was not offered to me as a bribe. I was simply asked to take a share in a claim. Anything I had done about the prospector's claim, had been done long before. Sir D. McLean had told me to tell these people they would get a claim. I was once offered a share in Hunt's claim, which was worth £26,000, and refused it.
Did the shares being offered not leave upon your mind the impression that a wrong state of affairs was likely to spring up?—No. Miners ask a man to take a share-especially if they think he is a man of influence—and think that it adds to the value of a claim. People seeing my name amongst the shareholders, would say that it must be a good claim.
96. I was asking about the General Government Agent, who had great powers in this case?— Well, I declined it,
Mr, Mackay, 12th Aug., 1875.
![]() |
4.247 259 |
▲back to top |
6
7
1.—1.
97. It was given by you to your clerk?—No, it was not. I deny that. I said, " You can give it to him.'' What harm was there in that? It was simply doing him a good turn.
98. I have a difficulty in knowing how it was determined when you were aiding as private agent, and when as a Government officer. Were you always General Government rent?—No, only at times when I was specially appointed.
99. Are the dates of the appointments and of the cancelling to be found was asked to take charge of Ohinenntri, I think on the lst March. That has not been cancelled yet. I do not act unless I am told to do some particular duty. I was the officer who arranged the lands in Waikato, and 1 have also had a great deal to do with Tauranga, and the Government have frequently asked me to undertake special work on account of my knowledge of those questions. I have undertaken it in some instances at great personal loss. When I went to Waikato. negotiations which I bad nearly completed for purchase of land before I went, had on my return all to he done over again.
100. Mr. Rolleston.] At the time you went to Waikato. it was thoroughly understood between yourself and the Government that you were entitled to continue negotiations you had in your hands as a private agent?—Decidedly. I was independent so far as land purchase was concerned.
101. It did not your purchasing for private individuate?—I have bought no land for private persons since I acted for the Government. I have declined. Mr. Buckland, Mr, Firth, and Mr. Morrin have asked me to take land work. I refused to take anything new. When I made the arrangement with Mr.Ormond I was engaged in negotiations for private persons, and I would have rendered myself liable to actions if I had not carried them out. 1 distinctly stipulated about these things before I would buy land for the Government.
102. Hon. Sir D. McLean] In reference to the question put by Mr. Rulleston as to these agreements being sanctioned, had the land in some cases passed through the Court?—All the Mercury Bay land had passed through the Court, and many private individuals had leases of timber before I got instructions.
103. Having these completed leases, of course private individuals might have obtained these lands if they wished?—Yes.
104. When were these equitable leases taken ran hardly say when. I fancy that some of the Mercury Bay saw-mills leases were in 1868, l869, 1870, and 1871. Nearly all the blocks were surveyed by the millowners.
105. Was there much pressure brought to bear ou the Government to acquire these lands for gold mining, notwithstanding the existence of these leases?—There was great pressure brought to bear by the public and the Superintendent constantly. Public meetings were held, and the Government were called upon to purchase. I think these purchases were advantageous, I know that nearly all the land is auriferous, and will become valuable for gold mining. I think the Government have got the lands very cheap. I have got land for 2s. 6d. for which private individuals would give 5s. I have bought some land for 3s., land alongside of which has been sold for 15s. A company woe about to purchase a large extent of land on this Coromandel Peninsula, and were prepared to go to a much larger price than it was subsequently acquired for by the Government. I was negotiating, in partnership with Captain Daldy, for the purchase of the Waikawau block of 60,000 acres, and he would have gone to 5s. an acre. In addition to that, I was asked to join a number of persons, some of them at Coromandel, amongst them Mr. Thomas, of au English gold mining company. These men would have found a large amount of money. I believe that this was one of the reasons why pressure was brought by the Superintendent to employ me.
106. Mr. Rolleston.] Would it have made much difference is occupation of the land whether it went into the hands of private persons?—It would not have been opened for gold milling. It did not all come under the gold-mining agreements.
107. Mr. O'Neill.] Have Preece and Graham much land at Coromandel?—Old Mr. Preece had a piece there when Mr. Williamson took possession under the mortgage. A piece of about 20 acres was left to him, on which he resided until his death, and on which Mr. J. W. Preece's mother now lives. There is a freehold of 150 acres at the mill site at Tairua, which Mr. Seccombe had passed through the Native Land Court in 1866, I think.
108. Mr. Rolleston.] All this difficulty has arisen from the abandonment of the original Native Lands Court Act, and going in for purchase by the Government ?—I am not aware.
Mr. Mackay.
12th Aug. 1875.
FRIDAY 13TH AUGEST, 1875.
Mr. JAMES MACKAY further examined on oath.
Hon. Major Alkinson,] I wish to ask you whether a writ was issued against you in mimes tion with this case, and by whom?—A writ was issued in the Supreme Court on the 10th of July last against me and others. This is a copy of it. It was never served on me. There was a long declaration attached, It was removed from the Supreme Court after being submitted to the Judge. The declaration made strong allegations,
Mr. Rolleston] Does the writ make any allegations itself?—(Mr. Mackay read the writ, and handed in a copy. He proceeded:) I have not got the declaration. It was removed after myself and several persons had seen it. My solicitor saw it.
Hon. Major Atkinson.] I should like to know if you suffered any damage by that proceeding
?—I did; considerable damage. It was published in the papers, and several friends
came me what fraud I had committed. It was alleged I had committed a fraud on the
in the matter of the 1,000 acres reserve, had made a reserve long after the purchase, and had leased it myself.
The Chairman.] Is that statement in the writ?—There were statements almost to the effect.
Mr. Mackay. 13th Aug., 1875
113. Is it true that Mr. Guilding and Mr. O'Halloran had entered into au arrangement with the Natives to take a lease of the reserve?—I telegraphed to Mr. Guilding, and be stated that he had not. I only know of any arrangement by the telegrams which I put in to the Committee yesterday. I saw no arrangement made.
114. You say you had a telegram front Mr. Guilding, in which he stated that he had made no agreement?—I asked him, and the telegram I put in was the answer.
If Mr. Guilding had completed lease, and had proceeded to let town sites or dispose of them, would that have been a serious loss to the province?—The province could never lose what it never possessed. It never possessed the 1,000 acres. That belonged to the Natives.
When did the province have notice, or the General Government, that this particular block of 1,000 acres was the property of the Natives?—The Government never had such notice. They had notice that 1,000 acres were to he selected.
The particular block that Mr. Guilding took the lease of?—That is the block I always understood the Natives were to have. I informed Sir D. McLean about this reserve.
118. When was the date about of the survey?—The Natives made application on the 11th of May, 1875, to have it surveyed. They applied to me, first some time in February, 1873. I could not do it in March as I was ill, and I had to go to Waikato in April.
Did the agreement with the Natives state that the places were to he selected within three months?—It did, but that was a stipulation more on behalf of the Government than on behalf of the Natives.
Not having, been selected within three months, and the whole block having been made over to the province, had the province not the right to dispute the selection:—Decidedly not; by no rule of law or justice. It was the delay of fire Government and not of the Natives. The Government were bound to keep faith with the Natives, and would have been guilty of a breach of faith had they not done so.
Had the province the right to go to Court to ascertain the facts?—I think not; I think the province had no right in the matter. There was an agreement made with the Native, and that was bound to he carried out. some of the reserves in the Middle Island were not laid off for years after the deeds were signed.
Did you in the month of April mark out or mark on the official plan of the Taints block, in the Waste Lands Office at Auckland, another place as the site where the 1,000 acres was to be taken?—I do not know where it was taken; I might do so. Mr. Tole might say, where is such and such a block, and I might mark out on the paper giviug the information as nearly as I could. I got no application from the Government to fix the reserve.
Mr. Rolleston. ] Was the purchase made on the spot?—No ; at Shorthand, under the sanction of the Superintendent and Dr. Pollen.
Did you, in April last, in the presence of Mr. Walters, point out a particular spot on the Tairua block as the place for this reserve?—I might have ; that would not define it. The Natives have the right to select, not me. Casual conversations might take place, and I might make a rough sketch, but whether I put it at the right place or the wrong I cannot say.
Was Mr. Guilding the witness to the one final transaction in which the 1,000 acres were reserved?—Yes, I said so yesterday. I mentioned he was there with several others.
And at that time the position of the reserve was understood?—It was not definitely fixed. They had the right to select, and they thought the greater portion should be at Pukiore. I am not quite certain how much wee to be at one place, and how much at another; it was left open.
The Chairman.] You think the Government ought not to have been warned immediately where it was?—I considered I was carrying out my instructions. It was suggested by me that these reserves should be made inalienable, and 1 received instructions to make them wherever necessary.
You think if a reserve was likely to be valuable as a town sire, that the Government ought not to have known about it?—The Natives had the right to select 1,000 acres ; it was bought subject to that. It would have been a most unjust act, and a breach of faith, not to have carried out that arrangement.
And Your officer had a right to go and lease without the Government knowing what piece was taken?—Anybody had a perfect right to go and lease it ; the Natives have the right to lease it.
With regard to the block, what tribe does that belong to?—It was disputed between Ngatipu and Ngatikaraun; the Court made au arbitrary division of it.
131. How many blocks did the Court give them?—Whangamata. Nos. 1, 3, and 5 were alienable; Hikutaia Nos. 2 and 3 were alienable. The other blocks, Whangamata Nos. 2 and 4, were made inalienable by the Court; Hikutaia No. 1 was made inalienable by the Court.
You purchased from the Natives the Hikutaia block?—I purchased from the Natives for the Government the Hikutaia 2 and 3, and Whangamata 1, 3. and 5 blocks.
You purchased the lease of one of the Hikutaia blocks for yourself?—I with others got a lease of the block that was inalienable, or rather of a portion of it ; the part the Natives did not want.
134, Did. you, as a Government Agent, ask the Government before you did so?—I was not acting as Government Agent. I was marely acting as Land Purchase Agent. I only buy the blocks I ant instructed to buy. I was never instructed to buy No. 1. I could not buy what was inalienable. It was only a portion of it which was leased for township purposes. It was open for anybody else to do so. There was no fraud or wrong done to the public in the matter.
Then you did not consider that it was necessary for the Government to try to protect their own interests by getting the case as to the 1,000 acres inquired into by the Supreme Court?—I considered .you did me great injustice. It was a most arbitrary- and unconstitution on your part
(excuse me for saying so). The proper course would have been to complain to the Secretary,
and to have asked for a Commission of inquiry into my conduct, if it wias as you alleged.
You think that the Superintendent of the province, in going to the Supreme Court of the
colony to
Mr. Mackay. 13th Aug., 1875
![]() |
4.248 260 |
▲back to top |
Mr. Mackay.
13th Aug., 1875.
would have saved you from taking such a step. There are various waya of doing things. I consider yo me a great wrong and injustice without giving me any chance of depending myself.
How could I have got the information was instructed to give it to You, and you refused
to take it.
138. Had you published offensire letters in the papers before that wrote one in my own defence. One does not like to be jumped upon, especially when his hands are tied by the Civil Service Regulations. But I do not know that there was anything offensive in the letter. You made much more offeesive remarks about me at Grahamstown, which were duly published and commented on by the papers.
139. Did you estate yesterday that you were in no way under the provincial authorities, and would not recognise them?—I said that I had nothing to do with them. My date is to communicate with the Geseral Goverment, Whenever I have gone to you, you must say that I have given you all the information in my power. I have been quite willing to else you any informetien you ask for.
Were you the proper channel or communication with the Superintendent, or had he the right to go to the General Government presumed that the proper channel was with the General Government; but if I was instructed to give you any informations I was the proper person to apply to, which would have shaved trouble and unnecessary reference.
Mr. Rolleston ] Is there any document from you to Mr. Building, expressing any opinion respecting his proceedings with reference to the Tairua reserve?—Nob, I saw him shortly after. I mid that I was vexed that he bad takeu it ; that he ought not to hare done so. I thought he ought to hare asked me, as it had caused men a great deal of trouble, and had caused a writ to be issued against me. Mr. Guilding said that he bad a right to take the lease. 1 said I wished he had flint asked me whether I thought it was right for him to dog it.
142. Mr. O'Neill.] You state that you hare no lease of timber at Tairua or Ohinemuri, of your own?—None.
143. The Chairman.] Are you engaged in completing any purchase for Mr, Russell in the Upper Thames?—I am engaged in buying Land fur the Government, a portion of which is, I believe, to go to Mr. Russell. I think that is mentioned in a report of mine, C. 3.
144. What I want to know is, you are engaged in completing that for him?—I am buying in one block, and a portion is to go to him.
145. Mr. Rolleston.] Have you been instructed to make me purchase?—Yes, the money would be apportioned, I assume, between Mr. Russell and the Government, according to the area he got and the Goverment got. He was buying the whole block, and I suggested that he should take one-half and that the Government should get the other. I wanted to get the whole Aroha range for the public, as it is likely to be auriferous.
146. It was proclaimed under the Public Works Act?—It has been proclaimed since (October, 1174).
147. Was this one of the arrangements you were previously engaged in for Mr. Russell?—I never was Mr. Russell's agent in the matter at all.
148. This was not a block which you were previously negotiating for Mr. Russell?—Not at all.
Was it your suggestion that Mr. Russell should be allowed to prosecute some portion of this purchase with the Government?—It was.
Do you consider that these lands are bought for the Government at a cheaper rate than private individuals have to give?—The circumstances of private and Goverenment purchase are not the same. The Government buys good and bad, taking a large block, and calculates the average rate. A. private individual will pick the eyes out (that is, take the choice pieces), and give more for it than the Government average rate. Me may take only 500 acres or 1,000 acres of the best,
Could not the Governmeut, when they entered into treaty for the laud, have at once issued a Proclamation excluding Mr. Russell?—Mr. Russell was there before the Government; they could have stopped him.
There was none of this negotiation demo by you previously?—Mr. Russell asked me, but I declined to buy it, and he employed Preece and Graham.
153. The facts are that, notwithstanding a Proclamation securing the purchase to the Government, the Government entered into a kind of partnership purchase for the land?—Mr. Russell was negotiating for the land before the Government ever thought of purchasing it. He was buying both sides of the Theme:, River. I thought that one side should come to the Government, and I told Mr. Russell that if he did Cot agree to that I should oppose his purchase. That is how the matter came to be talked about. He said, "Would you let me go on with the west side?" I said, "You had better apply to the Government about it."
154 The Chairman.] Would it have been possible for you to have purchased the whole block without consideration of Mr. Russell's claim?—If I had been instructed to do so, I dare say I could have purchased it, the same as now. It is a difficult block to purchase.
155, Then if the purchase had been made, could Mr. Russell's rights have been considered in open Court, and compensation made for any rights which might have been?—No doubt that could have been done.
156. .Mr. Rolleston.] Do you think he would hare any rights?—The same as any other person under the Native Lands Act, Persons buying Native lands generally gave a deposit, and agreed to pay the expenses of survey. All Native lands are bought in that way.
157. Has not the law, as it now stands, practically done away smith the operation of the Native Land Court till after purchase by the Government? When the Government issued its Proclamation, would the Court hare recognized any claim of au inchoate kind on an agreement with the ;Natives .7-
I expect they would not, except in the case of flax or timber; I do not think they would about the land. They would recegnize a lien that a person had got for survey. Any agreement before the issue of a certificate of title or memorial of ownership would be illegal; but it has been the custom of the country to set this aside. Native lauds were usually bought to the manner I have described. That teat the common process.
9
158. I see by your answers that you misunderstand use. After all your experience in these purchases, taking ouch a case as that of Mr. Russell's, would it not have been better for the Government Agent himself amid for the public, that the whole of the land should have been purchased for the public by the Agent, and that then an open Court, constituted for the purpose, should have heard what Mr. Russell's claims were for consideration—if they were just, and how far—and then have dealt with his claims, rather than have thrown the responsibility upon a single individual, who was the purchaser of the land?—It was referred to the Government, not altogether decided by me. I merely made the suggestion. which was agreed to by the Government. I am not aware of ant Court which could have taken cognizance of the matter. I have always, even as a private land agent, had a great objection to buying, land which other people were dealing for. I have never asked the Natives to set aside any man's bargain. It would be wrong to do such a thing for the Government, as it would cause great injustice to private individuals..
159. Whom was Mr. Russell dealing through? Were you aware that he was engaged in actual negotiations with the Natives?—I am aware; he asked me to act, and I refused; and he employed Preece and Graham, and they were actually engaged in negotiations.
160. Mr. Richmond] You stated, did you not, that lie had paid money?—He told me so.
161. The Chairman.] Would you produce a copy of your lease of the block at Hikutaia from the Natives?—I think it has been burned. It is given up. It was made, I believe, in Mr. Rowe's name. There were three or four people in it. I will make inquiry for it.
162. Mr.. Rolleston.] Is that correspondence in reference to Mr, Russell's interest in Waiharakeke
and Hungahunga on record?—I think so. I think there is some correspondence about it. I wrote a letter, and received one from the Government.
Colonel McDONNELL, examined on oath:
163. The Chairman.] Hare you ever hail any conversation with Sir Donald McLean regarding a communication made to you by Mr. Brissenden, that ho was empowered in some way to make purchases of timber leases for Mr. Vogel and Mr. Russell, and to buy land for Dr. Pollen, at the same time that he was purchasing land for the General Governmeut?—Yes.
164.. Sir D. McLean.] When did this take place?—In Auckland, in January last, the 25th, in those buildings which Mr. Kemp is in.
165. Did you mention Dr. Pollen's name or Mr. Vogel's name?—Yes. I went into the office and talked about a conversation I had had a few days previously relative to the lands handed over to Mr. Brissenden. I said I thought that there would be some difficulty in concluding those purchases. You said you were sorry to hear that, and I left. I fancied afterwards that you might have fancied that I would have put difficulties in the way, so when I came to see you to explain these difficulties, I told you, in reference to the Kairara and Tutamoi blocks, that Mr. Brissenden said he was empowered to have blocks cut out of these purchases for Mr. Russell, because of his contract, in which Mr. Vogel was concerned.
166. These arc your own views ; they were not stated to me?—This is what I stated to you as a good reason. I was expressing my opinion of Mr. Brissenden at the time I related these things to you, to let you know what he had told me. He also stated that lie was going to purchase land for Dr. Pollen, adjacent to some land that Ise had at Kaipara. I forget the name of the block. After I said this, something was said about the New Zealand Cross. Afterwards you said you asked me if I had any objection to put these things in writing. I said no, and I got paper and wrote to you.
167. What date was that on?—To the best of my recollection it was on the 25th of January.
168. I never saw anything of you on the 25th of January.
The Chairman.] Did you deliver that letter?—I left it on Sir D. McLean's table.
Was he there?—No, he was not.
Did you keep a copy of the letter?—I kept a sort of rough copy, which I think I have in my papers.
Was that the paper you read to me?—Yes, I repeated the whole thing to Dr. Pollen what I told you (Sir D. McLean). I went to Dr. Pollen after I had seen you, and related it to him in his own office in the Government Buildings.
Sir D. McLean.] You related it to Dr. Pollen?—Yes, I said to Dr. Pollen, "And he also said that you had employed him to buy land." He has made the same statement to others at Hokianga.
174. .Mr. Rolleston.] I am not quite clear as to how the conversation arose with regard to Mr. Brissenden. Were you repeating a conversation of Mr. Brissenden to you?—Yes.
175. And he stated that lie was engaged to buy land for Mr. Russell?—He stated that he had permission to purchase timber for Ms. Russell, in consequence of his having a contract wills the Admiralty.
176. What was your object for repeating this to Sir Donald McLean?—I had an object in repeating it to Sir Donald McLean.
177. What was the object you had in view?—The object was this: I had been negotiating for the purchase of land in the North for two or three years, and I had succeeded in negotiating for a certain number of acres, when Sir Douald McLean came to Auckland. He told me that these lands I had purchased, with the exception of the Victoria Valley, were to be handed over to Mr. Brissenden to complete. and that after the Victoria Valley lands were finished there would be nothing more for me to do, and that Iliad better petition the House if I thought my services were worthy of any recognition. I had previously—some time after Mr. Brissenden had been employed—certain offers made to me by Mr. Brissenden which I could not entertain, and I foresaw then that Mr. Brissenden had gained his object in getting me removed frees the North. There were several things I had been the means of preventing Mr. Brissenden from doing which I considered excessively wrong. and I wished to show the state of the ease, and to give him (Sir D. McLean) a good idea of how matters stood. That was my real and only object in mentioning that conversation.
178. The Chairman.] Were most of your purchases neatly completed when Mr. Brissenden went
1.—1.
Mr. Mackay. 13th Aug., 1875.
Col. McDonnell, 13th Aug., 1875.
![]() |
4.249 261 |
▲back to top |
1.—1.
10
11
1.—1.
Hon. sir D. McLean.
18th Aug., 1875
Cal. Mc Dounell.
13th Aug., 1875.
Sir D. McLean.] How many were surveyed?—There were Waopu, Pekapeka, Wairake, One Opoteka, of which the surveys had been commenced. That does not include the Victoria Valley chasers. A good many negotiations had only been waiting for surveys. The whole had been waiting for the Land Court,
None of them had passed through the Court?—No; none.
181. The Chairman.] Were they so nearly completed that there was very little work left to do?—There was very little work, except what might crop up at the Native Land Court. I consider that all the hard work had been finished; such as getting the Natives, together.
182. Are you aware whether any of them have been completed since?—I believe some have.
183. Sir D. McLean.] Are you aware that Kaihu has not passed through the Court yet?—Yes.
184. The Chairman.] Was the impression on your mind that Mr. Brissenden was to get a large payment in consequence of what you had done, With little work comparatively speaking?—Yes, I have been under that impression.
185. Did you understand from Mr. Brisseuden that one particular block of timber land was to be cut out of the purchases (being made for the Government)?—Not a particular block; simply in a general way. He told me also that I should get half the profits that would accrue to him from Sir. Russell.
186. Mr. Rolleston.] He made that offer to you; Mr. Brissenden's offers were to the effect that you should participate in the profits, made from cutting out land to give to Mr. Russell?—The offer was: He would get a certain profit—percentage—and that I should stand in with him in it.
187. And the transaction was—what?—That certain good blocks of timber in these lands-valuable timber-should be reserved; should be cut out as reserves for the Natives; but that, really, he should have them for Mr. Russell.
187. Who was it that Mr. Brissenden gave you to understand was in communication with him with reference to this proposal?—I have no recollection of his stating.
188. Do you mean you have no understanding from whom the proposals to Mr. Brissenden came?—
I did not understand that he was doing this with direct authority. I understood from Mr. Brissenden that he had permission to excise these blocks for himself and his friends; and he has repeated that to Mr, Webster, in my presence, about Kohukohu. He said he was allowed by the Government to excise certain blocks, and he would do so in this case.
[With reference as to whether Sir D. McLean was present when I laid the letter to him on the table in his room, I wish to make a further statement.]
WEDNESDAY, 18TH AUGUST, 1875.
Hon. Sir D. McLEAN examined on oath.
The Chairman.] I wish to ask you whether Colonel McDonnell had a conversation with you, in which he told you that Mr. Brissenden had informed him that he (Mr. Briesenden) was empowered to purchase timber leases for Mr. Russell and Sir Julius Vogel, and land for Dr. Pollen?—No, he never told me anything of the kind.
Did you ever desire him to put such a thing in writing?—No; I have been looking over the correspondence, and there is no letter of curb a nature on record.
I wish to know whether there were any presents given to the Natives at the Thames from time to time by the Government?—There were.
Who distributed these presents?—I do not know. Tho officers down there. Mr. Puckey,
I suppose.
Had the General Government Agent anything to do in distributing them?—I know one or two eases where he was authorized to make presents.
Do you think it probable that the Natives considered his clerks as being Government clerks too?—No, I do not think so. The Natives down there are generally intelligent. Taipari is one of them, and I think he would know the distinction.
195. Do you think they all did?—I think most of them. I could not answer for all.
196. When the lease was signed in Mr. Mackay's presence, and Mr. Guilding acting as interpreter, and other officers as his clerks, do you think the Natives could distinguish between them and Government officers?—The interpreter employed when the lease was signed was Mr. Wilkinson. Mr. Guilding may have been there also.
197. His name is to it?—He very likely was there at the same time. I understood Mr. Wilkinson was there. I understood Mr. Wilkinson was acting interpreter.
198. Do you think they looked upon them as Government officers?—I do not think the Natives generally would; because Mr. Mackay had for a long time been acting for private persons, and disconnected with the Government.
Do you consider it a proper thing of the Government having allowed that share to be given to Mr. Crippen, when Mr. Mackay was acting as General Government Agent?—No, I do not; I do not consoler it was.
Had he your authority to engage in this land purchase for Mr. Russell, near Te Aroha?—He was generally acting tinder instructions from Dr. Pollen, who was resident iu Auckland at the time arrangements were made for that block.
Was it you who put Mr. Brissendeu in Colonel McDonuell's place to the north of Auckland?—I did not put him in Colonel McDonnell's place. I removed Colonel McDonnell, and Mr. was there negotiating at the time. He had been there for some time, backwards and
and had entered into several negotiations.
Do you think that Mr. Mackay ought to have reported to the Provincial Government the particular block; of land which he was going to select for the Natives on the Tairua block?—I think he ought to have reported to the
Then he did not report to the General Government about the reserve?—He reported the reserve, but not the selection till recently—after the survey had been made.
204. After the block had been surveyed?—Yes.
205. With regard to the timber lease of Mr. Russell on the Opango Block, which Mr. Mackay said belonged to himself formerly, do you recollect the reason that a Proclamation was issued on the 6th of September, taking that block from under the control of the province?—I could not state the reason. I suppose there are reasons in the correspondence. I believe there is a correspondence about it..
206. May that be furnished to the Committee?—I will look up the papers and furnish them if the Committee thick it necessary.
207. Mr.Rolleston.] I should like to ask you to state the terms of the arrangement with regard to the purchase of Mr. Russell that was referred to in the examination of Mr. Mackay here—The terms of it are simply these That Mr. Russell gives up the purchase on one side of the river, and on the understanding that Mr. Mackay does not interfere with him on the other side in completing a certain purchase. The land that Mr. Mackay wanted to complete the purchase of for the Government formed part of the Aruba block. Mr. Russell was buying there. and he relinquished his claim on one
side of the river, as you will find stated in Mr. Mackay's report, which has been upon the table.
208.The Chairman.] Was the block which Mr. Russell was purchasing, and which now Mr. Mackay is purchasing for him, that included originally in the Proclamation purchases in that district?—It was outside the boundary that Mr. Ormond, as Minister for Public Works, had assigned to Mr. Mackay. I cannot state whether it came within the Proclaimation or not.
Mr. Rolleston.] Did the Government understand that Mr. Mackay was to act jointly for the
nature of the arrangement, My understanding was, that Mr. Mackay threatened to purchase the whole for the Goverment if lie did not get Mr. Russell to give up that portion nearest To Arelta.
Is there correspondeuce upon the subject?—There is a printed correspondence laid upon the table.
Does it show exactly what passed between Mr. Russell and Mr. Mackay?—I cannot tell the Committee that.
Or between Mr. Russell and the Government?—Dr. Pollen would know more about the transaction than I do. He was in Auckland, and had charge of these matters at the Thames.
Was there any understanding with Mr. Mackay as to whether he was eutitled to conduct private business at the same time?—It was understood that he was not to conduct private business, but to work altogether for the Government.
Do you think it woo right for Mr. Guilding to take a lease of that reserve from the Natives?—I do net think it was. If he had been a Government officer it would have been reprehensible. Ile was not in any way a Government officer. He was not connected with the Governmeut, except by working for Mr. Mackay.
215. Do you not think it possible for Europeans or Natives to have misconceived the position of Mr. Mackay, alternating as Laud Purchase Commissioner and Government Agent, and as restricted from taking private practice?—I think it is probable that Natives or Europeans might not know in what particular capacity he was acting. His transactions in connection with laud were chiefly when he was not a Government Agent. He was Government Agent when in Waikato. When at the Thames, and in his district, he was purchasing land on commission. He was for a time action as Agent at the opening of Ohinemuri.
216. The public had no means through the Gazette of knowing of any change in his position?—No.
Do you not think the whole arrangements require revision in regard to this system of laud purchase?—The system is one that has been forced upon the Government from the circumstances of the country. They had to compete with numerous capitalists coming in, and had to employ the best agents they could to secure the laud tor the public. A reference to the correspondence show how difficult it was for the Government to get any laud at all under the circumstances. As soon as it is possible, the system which I prefer will be adopted, to employ officers on salary to acquire laud, and not on commission..
Is the Government advised that the purchase of timber is legal upon land for which no certificate of title has been granted?—It is not legal, of course—not strictly legal. It has been permitted from the fouudation of the colony to the present day. There was an Act restricting the purchase of timber and everything, else, which was repealed by the Assembly.
The Chairman.] Why were the Provincial Government at Auckland not allowed to interfere in these laud purchases? I ask that because I do not admit that these difficulties were of a character which, I understand, the General Government feel them as being.—The Provincial authorities had been consulted about these. Under the first sum of £200,000 the Superintendent had been consulted; and both Superintendents had been consulted about these purchases, and one of them, at least, took an active part in the purchases.
220. But latterly that was not the case?—Latterly, I believe, it was not the case, I would point out to the Committee this difference between the £200,000 and the £500,000: that the intention was to charge the £200,000 to the provinces, and consequently it was understood that the Superintendent should have voice in the purchase of this land. There was no such condition applicable to the last sum of money granted for purchases.
Mr. Rolleston.] Would it not be a great advantage to Mr. Russell to have these
negotiations conducted by Government agent for lands of which by Mr. arrandements they would have the whole of the timber for ninety-nine years: I mean that the Government should buy the land?—I do not think so.
Would it not make the Government their landieeds
Hon. Sir I. McLean
18th Aug.,
![]() |
4.250 262 |
▲back to top |
Hon . Sir D.
McLean.
18th Aug., 1875.
12
Had this Tairua block passed through ?—I think the Tairua was one of the blocks.
The Chairman] Was it a gold field at the time?—It was supported to be auriferous.
Was it proclaimed?—I cannot recollect; the Proclamation will show.
Mr. Rolleston.] I understand that these timber leases; or a large portion of them, were stated to be invalid by Mr. Mackay's report ?—One or two were invalid through some information—through the declaration of the interpreter not being to it.
But surely they were all invalid that arraangement would apply to. Mr. Mackay would have nooccasion to say to the Government 'You must respect these arrangements," if they had a legal title?—The Government uniformly respect all equitable titles that Europeans have from the Nati in the shape of timber leases or other rights.
228 The Chairman.] Who setled the equitable nature of the title?—In these cases Mr. Mackay was himself the party who had been purchasing timber for Europeans, and his understanding with Mr. Ormond is laid down specifically and clearly in the report before the Committee, wherein he recites a number of cases, and takes employment from the Government only on the understanding that these are respected.
Mr. Rolleston.] Then we come this that it would be a great advantage to the holders of these questionable leases that the Government should buy the land, an d practically validate them?—
I do not consider that there was any great advantage. They had an equitable right, out of which they could not be disturbed.
"They had no legal right?—They had, in most instances, on lands that had passed through the Native Land Court. Lands which had not passed would not be in the same position.
The Chairman—I proposed to the Government this plan: that their agents should buy the whole block of land from the Nativia in the first place, and that then, in open Court, all equitable claims of Euopeans should be drmined in reference to that particular block, instead of giving to a private individual—to one individual—the power of determining and setling with the people who claimed ?—Your proposal was that there should be a Court of inquiry.
What objection was there to that plan?—I do not kuow any objection. I believe it would he a good suggestion to have a Court of inquiry.
Why was my proposal not replied to?—I cannot answer that question; I think you made the suggestion to the Colonial Secretary. I cannot answer as to any correspondence between you.
Mr. Thomson.] I wish to ask whether the Government has any information as to whether the leases granted by the Natives to those persons were for the same areas of land as the leases subsequently confirmed by the Government? I have heard something about these leases extending over larger areas?—I am not aware of any such case.
The Chairman.] Have the Government in their possession, in reference to the Tairua block, any document which shows what was the area of the original tinder leases from the Natives to the proprietors who claim a lease from the Crown?—In reference to Tairua particularly, I could not answer that question without looking up the documents, and seeing whether there is any discrepancy between the leases. I will see if there are any documents on the subject.
Mr. Sheehan.] Do you know whether this Waiharakeke was inside the proclaimed boundary or not?—It was outside the boundary of the block Mr. Ormond instructed Mr. Mackay to negotiate.
If it were within the boundary of the Proclamation, there would be no occasion for making any arra ment with Mr. Russell?—N o, the Government would have the whole control of the mater.
238.The Chairman.] Was any public notificton issued that this privilege had bean given to Mr. Russell, in order that the rest of the Queen's subjects that could might come in and claim a similar privilege?—I am not aware of any docept the Proclamation. I am not aware of any other notice.
239. Then it was an individual privilege?—It was a public matter I do not think it was intended as an individual advatace. Every individual that had rights would be on the same footing.
Were they informed of it?-–I cannot say whether they were informed of it or not.
Mr. Sheehun.] Of course, under the provisions of the 75th section of the Native Lands Act of 1865 all transactions for the acquisition of Native land, before going through the Court, are null and void?—Yes, they are null and void.
I take it for granted that there can be no equitable interest which has been declared null and void by statute ?—Unless the land had passed through the Court. If it had done so, it would, of course, be a legal title. A great number of blocks down there had passed through the Court.
FRIDAY, 20TH AUGUST, 1870.
Mr. H. T. CLARKE, Under Secretary for Nativc Affairs, examined on oath.
Witness deposed: I have brought the papars referring to Hungahunga and Waiharakeke.
Mr. Rolleston.] I want to understand from Mr. Clarke what is the position of the Native Purchase Department in relation to the permanent head of the Native Department?—In what respect do
you mean?
Does all correspondence pass through the Under Secretary's hands ?—It does.
All kind will regard to land purchase? —Yes, the Native Land Purchase Department is considered a branch of the Native Secretary's Department.
The Chairman.] Are you in charge of that branch?—I am supposed to be in charge of both of them.
Mr. Rolleston.] These are the whole papers with regard to this transaction?—That is a complete file of the Hungahunga and Waiharakeke papers.
Do the printed papers of the Tairua block contain the whole of the correspondence in the department?––Everything. If there are any not there, they are simply maters of routine. The principal matters are there.
Do the papers laid on the table with regard to Mr. Brissenden contain the whole of the correspondence?—The whole, except some unimportant papers.
13
THURSDAY, 26TH AUGUST, 1875.
Colonel McDONNELL, further examined on oath.
The Chairman] What is the further statement which you wish to make to make the Committee?—It was about whether Sir Donald McLeanwas in the room what I laid the leter on the table. Sir Donald McLean was in the room what I laid the letter on the table. After I had finished writing the leter I had the envolope in my hand, and was just going moisten the gum, when I said, "No, I won't I will go and read the leter to Sir Donald McLean, and have some more talk with him."
When I went into the office, to the best of my recollection and belief, Sir Donald McLean was in the office, and I think it was Mr. Kemp, Civil Commissioner, who was with him; but there was some one with Sir Donald in the office. I said, "This is the letter," and Sir Donald McLean said, " You had better leave it
on the table." I did so and at once went down to the Dr. Pollen. I saw Mr. Brissenden Standing underneath the Post office balcony. During the time I was having the conversation with Sir D. McLean in the Office, in reference to some remark I mad, he said, "I wish I had known as much of this before as I do now, but we cannot go back."
Sir D McLean] Before you go on. did you not state to this Committee that you left the letter on the table and then you were asked if I was in the room, and you stated distinctly that I was not? How is it that you have changed your statement?
252. Mr. Rolleston] I think the witness should make his state first, and than he can be cross-examined afterwards.
Witness.] When I saw Mr. Brissenden, I went up to him and said that he was to have blocks which had never cost him and which he was to be paid upon the acreage. I asked him to come up and see Sir Donald McLean,, but he said, "No, if he wishes to see me, he will send for me." I went up again to the Civil Commissoner's office. I saw Sir D. McLean standing in the street; just by the d ofrthe Civil Comissioner's office. I wished to talk to talk when he made, I remark about my dog. A gentleman then came the Club, and Sir D. McLean turned and walked with him. I went home and told my wife all that had occurred. I said to her, "I do not thinik that McLean will knock me off altogeter, as he said he would." The Commitee will excuse me from making this remark. Under this impression, next.day I got a kit of nectarinesand peaches from my garden for Sir D. McLean and took it away imagining that he would he at the office. I went there,
and left the fruit. When came out I met Sir D. John at the Club, and I gave him two peaches,
and said to him that I had left some peaches on Sir D. McLean's table, when he said that he had gone to Waikato, I saw Major Heaphy, V.C, and I said "You are in luck; come and have some peaches."
253. Sir D. McLean.] I wish to explain how, in your statement the other day, which was very clear and district, you stated that you left the letter in my room, and that I was not there at the time?—I was mistaken I did know I was coming before the Committee. I was in the lobby, and I was walked right up. I thought I was not going to be called till next day.
254. What diffenences would that make? You have made two statements, one contradictory to
the other. I merely want you to give an explanation of the two different statments—The only explanation I can give is that when I went into your room with the peaches, you were not there, andthat I was confusing that with the time when I went with the letter. I should like to make another
statement before the Committee if they would permit me—not in reference to this, but it applies to that
Just before Sir D Mclean left for Australia he told me that Mr. Brissenden had been employed to purchase land in the North, and that he hoped I would not interfere with him–implying that I
would do against him with the Natives. Some time after this Mr. Brissenden was a passenger on board the same steamer I went down to the Bay of Islands in—I think about the 16th of June, 1874.
Mr Brissenden asked me if I had been purchasing land in the North. I said "Yes that I was
employed as a Native Land Purchase Agent." He asked me what salary I got. I told him £300 a year,
and 10s. 6d. a day travelling allowance. I said, "What do you get? " Well;" he said, "I get £22s, a day,
£11s. travelling allowance, and on interpreter allowed at £1 1s. a day, and 10s. 6d. travelling allowance. I get 1d an aere an all lands I buy, and I have the permission to purchase lands for myself
and my friends in small blocks." I said "Indeed!" He said, "I told McLean and Vogel that unless they gave me this permission it would be no speculation, and would not suit me, and that must not expect services." After some more conversation. he said, "I was afraid at the time I got this that it might be injuries to yourself and to Mr. Kemp, but I was assured by McLean that Kemp was well provided for, and that your claims on the Government were such that they would to put you in some department or another, and that he did not care whether you bought land or not" I said to him "How is it possible for you to have got permission, as you say you have, from the Government to purchase land on your own account?" He said, "I have got them pretty well by the wool. He said he was standing before the fireplace, and Sir Donald was on one side and Mr. Vogel on the other. They said they-had soul for him, to offer him the appointment, and entreated him to accept it. They asked him what he wanted. He stated what pay he wanted and permission to buy laud. They said they would give the pay and allowance he asked for himself, but they could not allow him to purchase land. He said to them, "You have sent for me, and if you will allow me I will tell you a story." This is the story which he said be repeated to Sir D McLean Mr. Vogel. "There was a man named Florence, who kept a large hotel in New York. He had a suite of rooms in the hotel for his prrivate acquaintances. One evening, while he was there, a knock came to the door, and they called "come in." The door was opened, and there was a man with gold rings on his fingers, and gold chain. He said, 'Is this Florence's room?' 'That is my name,' said Florence. 'Well,' said the man, 'you sent for me, Florence.' Florence said he had not sent for him, when the man pulled out a newspaper, which had an advertisement, Wanted, a first-class head waiter.' Now,' he said, 'You sent for me, Florence, and I come.' He then placed his credentials before Florence, who read them, and said, 'These are all right and satisfactory so far; now comes the question of pay—what salary do you want? He answered, 'If you want honesty Florence and a good man to canduct this hotel properly, 150 dollars a week; but if you don't want honesty, I don't care what you give me.' '' That was exactly the story as it was told to me. I need not say that I did not believe him.
![]() |
4.251 263 |
▲back to top |
1.—1.
Mr W.H Grace.
21st Sept., 1875 charge 3s. 6d. a yard for it on an order. He said, " I cannot supply the goods unless at that price. If
cash were paid I could sell it at 2s. 6d. ; but as it is an order from Mr. Mackay, you must pay 3s. 6d."
In several instances storernen have offered me commission if I would take to them all the orders I
could get.
Are these orders made upon any particular storemen?-All orders for flour or sugar, or
articles of that kind, were made upon Mr. Adlain ; while Goldwater, Williams, or Wilson (three
drapers), always received the orders for drapery goods.
Could you have taken orders to any other?–No ; the order was made out upon the par–
ticular storekeeper.
Who made these orders out ?–O'Halloran used always to make them out. I know that a
private individual at that particular time was dealing with Natives, and he said they might have flour
and sugar. They got it at £16 a ton, while Adlam was charging the Natives Mr flour–not first–class
flour–£20 a ton on these orders.
Are these orders given for goods, or are they for any particular amount of money on the
face of them ?–These orders state that so and so wants so many yards of cloth, or so many blankets
and shawls. No price was put down. The Native took that order ; of course, he never saw the bill.
Were these orders given in payment for land?–Yes ; the Natives were not paid in money
but by these orders. I have known Natives say "Give me money," and to be told that the Govern–
ment had not sent any money, and that they could not have any.
Mr. Rolleston.] Do not the orders purport to be for articles to such an extent?–No ; I
never saw an order made in that way. I have made out a list of orders. I used to assist O'Halloran,
as he did not speak Maori. The Maoris were asked what they wasted, and they would say so many
shawls, and that would be put down, and so on, in the order. The Native never knew how much
money he was going to get.
The Chairman.] Do I understand that the order said goods of a certain quantity?–Yes,
And that then the shopkeeper supplied the goods?-Yes, and the bill was sent in to
Mr. Mackay.
724. Then the Native found he had received so much money?–When it came to a settlement, it
was found that this particular tribe owed so much money, and the question came, what land it was to
be charged to. When these orders were given the land was probably not surveyed, and it was
impossible to tell how much each was entitled to.
725. Mr. Rollesten.] Can you say whether Mr. Mackay or Mr. O'Halloran got any commission ?–
I cannot tell whether they got any commission. I would not like to say so. I have been offered
commission myself.
The Chairman.] How much did they offer you –They said if I would bring the orders they
would give me some commission. I declined to enter into any arrangement.
When you went with these orders, were you able to bargain for the Natives to get the goods
cheaper ?–I only went in one instance with a Native named Meremana.
728. Do the Natives generally take the orders themselves?–Yes.
729. And they did not know what they paid for the goods ?–No, unless they asked the storeman.
I have been on two or three occasions with some of the old Ohinenmuri men. who previous to that time
did not come to Shortland. On one occasion we went into Goldwater's with an order. They received
a lot of goods–shawls and things of that sort–and 1 do not recollect their asking what the price was.
I understand from your evidence that the Government at least have a great power of
patronage in selecting the people on whom these orders are given ?–Yes, the Natives knew that they
could not give a good title to a private individual, but by coming to the Government they would
receive some money at any rate. When they came to settle up, all the money was mixed up in a total
and charged to land.
There are a great many storekeepers and shopkeepers in Grahamstown and Shortland, and
by the Government selecting two or three to whom these orders were made, they had a power of
exercising a great influence in the place over certain persons ?—There is no doubt that certain store–
keepers got all the orders; the others had no chance of supplying goods to these Natives. The Natives
could not go to any chop they liked; they hart to go where the orders were directed to.
The orders were made to particular storekeepers ?–Yes. It' the geode were flour or sugar,
the orders went to Adlam: the drapery orders were divided, as equally as we could. either to Gold–
water, or Williams, or Wilson. I am speaking of the time when I had something to do with it, in
July or August twelve months.
O'Neill.] What time was Block XXVII. leased?–I think in January 1869. It was
passed through the Court in Mar 1868. Mr. Mackay leased it from the Natives, and afterwards, just
before he went through the Bankrupter Court, it was transferred to Oliver Mason Createh.
What was the date of the Hikutaia affair ?–I forget exactly the date when Hikutaia was
opened as a gold field,
Where is Gibbous's mill situated?–He has a saw–mill of hie own, and has also leased a mill
from the Hauraki Saw–mill Company, both on the Thames River.
THURSDAY, 23RD SEPTEMBER.
Sir D. McLEAN re–examined on oath.
Hon. Sir D. 736. The Chairman.] We wish to ask you a question about Colonel McDonnell getting land.
Mcland. Mr Jones says that he came to Wellington and saw you about a piece of laud called Otawa,
you a letter about it ?–He did.
23rd Sept., 1875. And that you told him it was all right?–I do not recollect telling hits that. [Chairman read
Mr. S. Jones's letter] I do not remember giving him any sanction. I was strict in preventing
Europeans from getting land where the Government were .
arrangements previously with the Natives. I acted in the same manner with everybody. If any Hon. Sir D.
one had rights prior to the Government purchasing, of course I could not interfere, and did not. McLean.
738. You do not recollect giving him this authority?–No, I do not recollect giving him authority
23rd Sept., 1875
for 5,000 aeres.
739. The real point is this ; he undoubtedly told McDonnell this ; he admits it ; and upon that he,
with Mr. Brissenden, proceeded to negotiate for the block. The accusation arose against McDonnell,
of having bought for himself. He makes a statement that it was for Mr. Jones, and that Mr. Jones
had your authority?– I think Colonel McDonnell stated that he had done so without any authority
from the Government. I remember perfectly that Mr. Jones did write nie a letter here in Wellington
with reference to some land.
710. You did not distinctly tell him that it was all right?– I have no recollection of doing so. I
have made inquiries into the matter by telegram. I think the whole of the correspondence, including
Mr. Jones letter, is on the table of the House. I beard that Mr. Jones was very much embittered
against the Government for preventing him from acquiring land in the North. He was there, with a
Mr. Yates, endeavouring to get the best of the country, and of course It was the interest of the
Government to try and prevent him.
Was it arranged that Mr. Dargaville should have some laud?–Certainly not. I never
heard his name in connection with land till the other day. I told Mr. Brissenden not to interfere with
any persons who had already entered into arrangements for the purchase of land from the Natives, and
to abstain from meddling with them.
Who was to determine whether they had done so or not ?–It was easily found out on the
spot whether any arrangement existed between the Natives and Europeans.
741. How would it be found out ?–These are matters of public notoriety. A purchase of land is
always well known where it takes place.
744. Did you hear of a ease to which Major Green was concerned, in which he claimed to have
purchased land up the Thauics? — It stated in the papers—I know of it in no other way—and was
not denied, so for as I have seen, that the agreement was antedated by twelve mouths in order to
make it appear that it was come to with the ;Natives before the date of the Prociamation?–I heard
sonic rumour about that when I was in Auckland, but I know nothing of the particulars. I was told
that the rumour had been circulated by a man named Alley, who was formerly a settler in Hawke's
Bay, an utterly unreliable character. I heard he had been circulating these reports.
745. I only mention this to show that souls Court of investigation is necessary in order to decide
upon such claims?–I quite agree that a Court would be a very good thing. But these transactions
are publie. They have to pass through a Court before private individuals can obtain any right.
746. What was the date of the Act enabling the Government to issue Proclatuations exempting
land front the operation of the Act?–The first immigration and Public Works Act was in 1870, and
there were additional Acts in 1972, 1973, and 1874.
Mr. G. R. D. O'HILLORAN examined on oath.
747. The Chairman.] In his evidence before this Committee, with reference to the share iu the
Tairua Prospectors' Claim, Mr. Mackay states,—" The conversation related by Mr. Graham did take
place with me, except that I did not say that O'Halloran was a Government officer, which would have
been incorrect. I said I would not accept any an share in the claim, and objected to O'Halloran doing so,
as he was connected with me by marriage. I suggested that Mr. Graham might give it to Crippen,
who had been a faithful a servant of mine. Mr. Graham said, All right, we were always friendly with
the Menrants.' He then gave it to Crippen. I have no interest in the claim, direct or indirect." Did
Crippen give you half of that share ?–Yes, he gave me half of that share, and I gave him half of a
share at Ohinemuri.
748. What did you sell that half for?–I think somewhere about £700; I have not made up the
amount.
749. According to this list, the whole share comes to upwards of £2,000 the whole share. You
say you only received about £1700?–Somewhere about £700. I have bought and sold other shares with
the money.
750.I thought you stated yesterday that you had received upwards of £800 ?–I said somewhere
about £700 or £900. and I think so still.
751. Did the system prevail at the Thames of making advances to Natives on their land by means
of orders on treadsman for goods?–Yes ; Natives would come and ask for advances. They very often
used to come to Mr. Mackay, and in the absence of Mr. Mackay they would ask me for advances in
goods. and I used to obtain them the them.
752. Did you give orders on storekeepers for certain articles P-Sometimes au order was given, and sometimma went with them to the storekeeper.
753. Who were. the storekeepers employed ?–Any storekeeper that the Natives liked to go to,
754. No person had a preference from your department?–No.
755. Did you generally give line orders on particular persons ?–Yes, generally.
756. Who were they ?–There were a great many—Wilson. Hetherington, Goldwater, Litchfield,
Adlam. Murdock ; then at Ohinemuri there was Austin, Bennett, and Cashell; and some in
Auckland. There were others at the Thames.
757. Did Mr. Mackay ever give these orders himself –Yes. I know he did sometimes.
758. How did these people get paid:–They used to bring in the accounts, and sometimes Mr.
Makey, would give them promissory notes for the money when he had no Goverment at other
times he paid cash. The orders accompanied the accounts.
759.They can all be found then?–Most of teem, I think.
760.Mr. Rolleston.I Were the orders sent to Wellington ?–No.
761.Mr. G. What
35
![]() |
4.252 264 |
▲back to top |
64
Mr. JOHN GUILDING to Mr. JAMES MACKAY.
(Telegram). Grahamstown, 6th July, 1875.
GRACE in Auckland to put injunction on Tairua Claim for Natives. Tookey told me. Tooke, also
says letters in Thames papers, re blocks 27, Hikutain, &c., are his dictation, and written by Grace.
He also says he is Grey's mainstay, and supplies hint with all information. Taipari wants Tookey,
Grace, and himself to work together. Tookey also says, if I will give you up that he will telegraph to
Grey that he was mistaken, and that I have nothing to do with you, awl for him to give up all objec–
tions to my lease re Tairua reserve.
JOHN GUILDING.
Mr. JAMES MACKAY to Mr. JOHN GUILDING.
(Telegram.) Auckland, 6th July, 1875.
PRIYATE. Thanks for your honorable conduct in the matter. Try and get Tookey to commit himself
to writing. Have you any objection to my letting the General Government have a copy of your
telegram?
JAMES MACKAY.
Mr. JOHN GUILDING to Mr. JAMES MACKAY.
(Telegram.) Grahamstown, 6th July, 1875.
WILL. try and get him to commit himself to writing. No objection to your letting General Govern–
ment have copy. Tautoru anxious to see you re Pakirarahi.
Jens GUILDING.
Sir G. GREY to the Hon. the COLONAL. SECRETARY.
(Telegram.) Auckland, 14th June, 1875.
I HAVE had shown to me a telegram from Mr. Mackay to the owners of the timber lease of the Tairua
block, to the effect that he did not consider them entitled to the lease for forty years of the whole area,
but that the lease of parts of it should be resigned. Might Mr. Mackay be requested to supply me at
once with a copy of this telegram ?
G. GREY.
Sir G. GREY to the Hon. the COLONIAL SECRETARY.
(Telegram.) Auckland, 15th June, 1875.
THE FOllowing statement has been made in a letter from Mr. W. A. Graham, agent of the Tairua
prospectors: it appears to require explanation, which I request I may be furnished with:—" With
referenee to inquiry how Crippen got his share, the facts are The prospectors requested me to offer a
share in the claim to Mr. Mackay. I did so, and he refused to accept it, giving his reason it would
perhaps be made use of against him in his official capacity. I asked if he would like to give it to
O'Halloran or any one else, as a share was at his disposal. The prospectors wished to make up their
party to ten men. Mr. Mackay said O'Halloran could not receive a for, the same reason that he
could not, being a Government officer ; but if I liked I might give it to Crippeu, also was a private
individual, and the only person he could think of at the time to give a share to. I said it mattered not
to prospectors who got the share ; accordingly Crippen got the share, and thus became one of the
party."
GEORGE GREY.
The Hon. the COLONIAL SECRETARY to Mr. JAMES MACKAY.
(Telegram.) Wellington, 22nd June, 1875.
SIR GEORGE GREY has been informed that you have been directed to furnish him with any information
he may require relative to the timber lease in the Tairua block. Be good enough to do so.
DANIEL POLLEN.
Mr. JAMES MACRAT to Sir G. GREY.
(Telegram.) Auckland, 25th June, 1875.
THE Hon. the Colonial Secretary has requested me to give you any information you require relative to
the timber leases at Tairua. I am prepared at anytime to give all information in my power respecting
that or any other negotiation for land in which I have been engaged on behalf of the Government.
JAMES MACKEY,
Agent General Governmeut.
Sir G. GREY to Mr. JAMES MACKAY.
SIR,— Superintendent's Office, Auckland, 26th June, 1875,
I have just received your telegram, dated yesterday, addressed to me at Grahamstown, in
which you state that you are prepared at any time to give me any information iu your power respecting
the timber leases at Tairua.
I beg to inform you that the information which I require is a copy of the telegram sent be you to
the owners of the timber lease, and of which a copy can be supplied by the Telegraph Department, if
you have failed to keep one.
I have, &c.,
G. GREY,
James Mackay, Esq., General Government Agent, Auckland. Superintendent.
Mr, JAMES MACKAY to Sir G. GREY.
SIR,— Auckland, 26th June, 1875.
I have the honor to acknowledge the receipt of your letter of this date, requesting me to
furnish you with a copy of a telegram sent by me to the owners of the Tairua timber lease.
In reply, I have to request that your Honor will be so good as to elate the purport of the telegram
to which you allude, and also whether it was on public service or a private telegram, in order that I
may be able to trace it.
I have, &c.,
Hie Honor the Superintendent, Auckland. JAMES MACKEY, juu.
Sir G. GREY to Mr. JAMES MACKAY.
SIR,— Superintendents Office, Auckland, 20th June, 1875.
In reply to your letter of this date, I beg to state that the telegram to which I allude was a
telegram from the General Goverment Agent (Mr. Mackay). It related to public rights in a valuable
property, and was, as such, "a Government telegram." I enclose a copy of my telegram to the Hon.
Dr. Pollen, of the 14th iustant.
I have, &c.,
James Mackay, Esq., General Government Agent, Auckland. G. GREY,
Mr. JAMES MACKEY to Messrs. PREECE and GRAHAM
(Telegram.) Auckland, 22nd June, 1873,
IN reply to Hon. Mr. O'Rorke's telegram, re Preece and Graham's rights to timber on the Tairua,
blocks, and on portions of the Omahu, Whangamate, Hikutaia, and Te Karo blocks, I have the honor
to state that these rights existed by written documents, between Natives to Tothill and Seccombe, long
before I purchased the land for the Crown, and, under my instructions front the Hon. Mr. Oromnd, I
had no option but to conserve their rights. The deeds of conveyance to the Crowe from the Natives
show their rights on the face of them. I think that Preece sad Graham's rights at Tairua should be
confined to the timbered portion of the block only, and the right of way and water easements for
timber floating and driving , and they should give up their lease over the eastern part of the block.
The land on which the timber stands is not suitable for settlement or occupation, but is valuable for
gold and gum digging only, and for its timber.
JAMES MACKEY, juu.
Mr. JAMES MACKEY to Sir G. GREY.
SIR,— Aucklaud, 25th June, 1875.
I have the honor, in accordance with the request contained in your letter of the 20th instant,
to enclose herewith a copy of a telegram from myself to the Hon. Mr.O'Rorke, which was sent at his
request to Preece and Graham. This is the only telegram I am aware of about the Tairua timber
leases.
If there is any other information or explauation which your Honor requires respecting the Tairua
timber leases or land purchase, I shall be happy to afford it, if in my power.
I have, &c.,
JAMES MACKAY
His Honor the Superintendent, Auckland. Agent General Government.
Sir G. GREY to Mr. JAMES MACKAY.
SIR,— Superintendent's Office. Auckland, 28th June, 1975.
I am much obliged to you for a copy of a telegram of 22nd June, 1874, which you inclosed
to me in your letter of the 28th instant.
In reply to your offer of affording me auy further explanations or information, whilst I thank you
for that offer, I think it desirable, under present circumstances, to communicate direct with the General
Government.
I have, &c.
James Mackay, Esc., General Government Agent, Auckland. G. GREY.
REPORT OP G. T. WILKINSON LAID BEFORE THE COMMITTEE BY SIR G. GREY.
Information concenting the proposed Lease of the Tairua Reserve of 1,000 acree by private: Partics,
for the use of' his Honor the Superintendent.
During the latter end of April or the early part of May last, Messrs. O'Halloran and Guilding
went to Mercury Bay to see some of that Natives of that place in connection with the Government land
purchases. It was then proposed that Mr. Guilding should have the management of matters in
connection with the Tairua reserve of 1,000 acres Of behalf of the Native owners, and it was to be
surveyed forthwith.
The said reserve was granted to the Natives at their request when the purchase of the Tuieua block
by the Government took place in 1872, Messrs. Mackay and Precce being the agents on behalf of the
Government. The Natives wished at that time to have the 1,000 acres divided, and take a portion at
Pukiore (the present reserve), and a entail portion of 4$ acres somewhere at the entrance to
the Tairua River. But this, I believe, was overruled, as it was not thought that the Government would
issue two Crown grants, and the whole thousand was then arreuged to be taken at Pukiore, the Govern–
ment having agreed at the time of the sale to pay for the survey of the reserve.
During the visit of Messrs. O'Halloran and Guilding, it was decided that the reserve should be at
once surveyed, and, on Mr. Guilding's return to the Thames, a Mr. Tole was sent to make the survey.
65
![]() |
4.253 265 |
▲back to top |
A letter was sent by Guilding to Peneamine, one of the Native owners, to meet him and the
surveyor at Pakirnrahi (the site of the Prospectors' Claim, Tairua), and there to point out the boundaries
of the reserve. Thin was done, and it was at that meeting with Peneamine that Guilding proposed that
he (Ponenmine) should lease the block to himself and Mr. O'Halloran.
The terms upon which Guildiug wanted the lease for himself and companion were for twenty.one
years at £200 per year, or £50 per quarter. This, however, was not then, nor has it been since, wholly
agreed to by the Natives, especially as regards the number of years—Peneamine and Miriama wishing
the lease to be only a yearly one, or nt meet for three or four years.
Although the matter does not appear by any means to be settled, Mr. Guilding took upon
himself to advance to Peneamine and Miriam £15 in cash, and also to take up an account of some
£4 owing by them at Mr. Carina's store, Mercury Bay.
As soon as the survey should be finished by Mr. Tole, a letter was to be written to the Natives,
when they would possibly go over to the Thames or Auckland, and, if the arrangements made were
satisfactory to themselves, would perhaps sign the deed of lease. Guilding told them not to go and
demand rent from any of the Europeans now living on the block, as that would be payable to himself
and co-lessee ; the yearly rent of the block being what the Natives were to receive.
The Tairua River is navigable for vessels up to the reserve, the pas. "Effort" having beets up
there and discharged passengers and cargo.
It does not appear that Mr. O'Halloran took any active part in the trausaction, although it seems
that he was to have been a party with Guilding in the lease. He does not appear to have been present
when the matter of the lease was talked about or when the money was paid ; the whole of the business
appears up .to the present to have been done by Guilding.
There is a small portion of the reserve, said to be some three acres or so, which is intended by the
Natives to be leased to Mr. Jackson, of Tairua, be having had it for some considerable time, and been
in the habit of payin rent yearly to the Natives.
It would appear from the foregoing statement that there has been no lease made up to the present
time of the Tairua reserve. Neither do the Natives consider that they are in any way bound to grant
a lease to Messrs. Guilding and O'Halloran, nothing definite haring been agreed to between them;
and, from conversations that I held. with Miriam, Peneamine, and Matene Pehi, they gave me to under–
stand that they would be willing to lease the reserve to the Government, provided suitable terms
could be arranged. But they would wish to be held indemnified as against any action that might be
taken by Messrs. Guilding and O'Halloran, should those gentlemen be bold enough to institute
proceedings against them. One of the owners (Peneamiue) has written a short note to the Superin–
tendent, in which he partly refers to the matter.
The above account is from purely Native sources, and as such cannot be relied upon as correct in
every particular. I therefore thought it better that I should see if any information was forthcoming
from European sources, and front Mr. Carina, of the Whitianga Hotel, I obtained the following :—That
he was present with Mr. Guilding, at his own hotel, and saw the Natives Miriama, Peneamine, and
Mateue Pehisign a deed, written out in both English and Maori, which he was given to understand
was an agreement to lease the Tairua reserve of 1,000 acres to Messrs. Guilding and O'Halloran, and
he nays that cheques were made out and signed by Guilding to the amount, be thinks, of nearly £50,
and paid to the Natives. There wan no other interpreter present than Mr. Guilding himself.
GEORGE T.WILKINSON
2nd July, 1875.
Licensed
Native Interpreter, Thames.
Copy of Writ handed in by Mr. Mackay.
VICTORIA, by the Grace of GOD, of the United Kingdom of Great Britain and Ireland,
Queen.
To Miriama Pehi Pukukauri, Peneamene Tanui Hori Kerei Tuokioki, Metene Pehi, and Marara
Hauata, all of Mercury Bay, in the Northern District, in the Province of Auckland, in the Colony
of New Zealand, aboriginal natives ; John William Richard Guilding, of Shorthand, in the
district of Hauraki, in the province aforesaid, Licensed Interpreter; m
Gerald O'Halloran, of
Shorthand aforesaid, Laud Agent; and James Mackay, of Shorthand aforesaid, Government Agent,
Greeting:
WE command you that, within twenty–nine clear days after aud exclusive of the day ou which
this writ shall be served upon you, you do appear and plead to the declaration of Sir George Grey,
Knight Commander of the Most Honorable Order of the Bath, Superintendent of the Province of
Auckland, in the Northern District, Colony of New Zealand, hereunto annexed, and cause such
pleading to be delivered at the place named ou the back hereof. And take notice, if you fail so to
plead, the said Sir George Grey may proceed in his action iu your absence.
Witness —His Honor Thome Baunatyuc
Gallies, Esquire, a Judge of our Supreme
Court of New Zealand, at Auckland, this
ninth day of July, 1875.
N.B,—If the last day for delivering your plea shall fall on a Sunday, or a holiday, the plea is to be
delivered on the day following. Also, if the last day fall on any day from 25th January to 10th
March, both included, the clear days are to be reckoned exclusive of the days front 25th January to
10th March, both included.
writ was sued out by William Lee Bees, of Queen Street, Auckland, in the Province of
in the Colony of New Zealand, solicitor for plaintiff.
The plaiutiff claims £21 for his costs in respect of this writ, and service, and incidental thereto,
and linen satisfaction of the plaintiff's claim, and payment of the costs to the plaintiff, or his solicitor,
In the Supreme Court of New Zealand,
Northern District. No. 6809.
Between Sir George Grey, Knight Commander of the Most Honorable Order of the Bath,
Superintendent of the Province of Auckland, in the Colony of New Zealand, plaintiff; and
Miriama Pehi Pukukauri, Peneameoe Tanui, Hori Kerei Tuokioki, Mateue Pehi, and
Maraca Hanata, all of Mercury Bay, in the said Province of Auckland, aboriginal
natives ; John William Richard Guilding, of Shorthand, in the said province, Licensed
Interpreter ; Gerald O'Halloran, of Shortland aforesaid, Land Agent ; and James Mackay,
of Shortland aforesaid, Governmeut Agent, defendants.
Declaration handed in by Sir G. Grey.
The ninth day of July, 1875.
The plaintiff,by William Lee Rees, his solicitor, says,–
That in the month of December, one thousand eight hundred mid seventy–two, the above–named
Miriama Pehi Pukukauri, Peneameue Tanui, Hord Kerei Tuokioki, Mateue Pehi and Marara Haunta,
were the owners of all that piece or parcel of land in the said Province of Auckland hereinafter
described and called or known as Tairua block. (Plan of which is hereunto annexed, marked A.)
2.That the said Pehi Pukukauri, Peneamene Tanui, Hori Kerei Tuokioki, Mateue Pehi,
and Marara Hanata, did, on or about the seventh day of December, one thousand eight hundred and
seventy–two, grant, sell, and assign the said land unto Her Majesty Queen Victoria by a deed in the
words and figures following:—
" This deed, made the seventh day of December, one thousand eight hundred and seventy–two
between Miriama. Pehi Pukukauri, Peneamene Tanui, Hori Kerei Tuokioki, Matene Pohi, Marara
Hanata, all of Mercury Bay, in the Province of Auckland, and Colour of New Zealand, aboriginal
natives (hereinafter called the said vendors), of the one part, and Her Majesty Queen Victoria of the
secoud part, witnesseth that in consideration of the sum of two thousand nine hundred pounds paid
by Her said Majesty Queen Victoria to the said vendors (the receipt whereof they do and each of
them doth hereby acknowledge), they, the said vendors, do and each and every of them doth hereby
convey and assure unto Her said Majesty Queen Victoria, her successors and assigns (save and except
as hereinafter mentioned), all that piece or parcel of land containing by admeasureuaent thirty–six
thousand acres, more or less, situate at Tairua, in the Bay of Plenty, Queen's County, in the province
and colony aforesaid, and called or known as Tairua block, the several boundaries of which said piece or
parcel of laud are the several measurements of the boundary lines thereof are particularly shown and
set out on the plan of the piece of land hereby conveyed drawn hereon, together with all the rights,
casements, members, mid appurtenances thereto belonging, and all deeds thereto relating, and all other
rights which the said vendors or any of them have or may have of into or out of the said piece or
parcel of land, to hold the same premises unto Her Majesty Queen Victoria, her successors and
assigns for ever, subject, nevertheless, to the sale and grant of the timber and trees on the said and
the demise of the said laud made by a certain deed of grant and demise between the grantors of the
one part, and Richard Seccombe and John Carroll Seccembe (therein described) of the other part,
bearing date the sixth day of December, one thousand eight hundred and seventy–two. In witness
whereof the said parties have hereunto subscribed their names.
" MIRIAMA PEHI PUKUKAURI, his X mark.
" PENEAMENE TANUI.
" Hont KEREI TUOKIOKI, his x mark.
" MATENE PEHI.
" MAHARA HANATA, her x mark.
"Signed by the said Miriama Pebi Pukukauri,
Peneamene Tanui Hori Kerei Tuokioki,
Mateue Pehi, and Marara Hanate in the
presence of
"J. W. R. GUILDING,
" Licensed Interpreter, Shorthand,
" GERALD O'HALLORAN,
"Land Agent, Shorthand,"
That on the said deed is iudorsed the following declaration :–
I, John William Richard Guilding, of Shortland, in the district of Hauraki, Province of
Auckland, and Colony of New Zealand, a duly Licensed Interpreter under ' The Native Lands Act,
1865," The Native Lands Act, 1867,' The Native Lands Act Amendment Act, 1868," The. Native
Lands Act, and 'The Native Lands Act Amendment Act, 1870; do solemnly and sincerely
declare as follows:—
(1.) That I was present, together with Gerald O'Halloran, of Shorthand aforesaid, Land Agent,
a male adult, and did see Miriam Pehi Pukukauri,&c,. all mentioned and described in the within
written deed, duly sign and execute the said deed.
" (2.) That the signatures Peueamene Tanui and Mateue Pehi, set and subscribed to the said
within written deed, are of the proper handwriting of the said Peneamene Tama and Matene Pehi
respectively ; and that the marks ' x', ' x,' 'x,' thereto set and affixed, were made in our presence by
the said Miriama Pehi Pukukauri, Hori Kerei Tuokioki, and Marara Hanata respectively..
"(3.) That the signatures J. W. R. Guildiug and Gerald O'Halloran, set and subs to the
said withiu written deed as the witnesses attesting the due execution thereof, are proper
handwriting of Gerald O'Halloran and me, this declarant. respectively.
" (4.) That immediately before the execution of the said deed by the said Miriama Pehi
66
67
![]() |
4.254 266 |
▲back to top |
stood by the said Miriama Pehi Pukukauri, Peneamene Tanui, Hori Kerei Tuokioki, Matene
and Marara Hanata. And I make this solemn declaration conscientiously believing the same to
be true, and by virtue of the above–named Acts of the General Assembly of New Zealand intituled
'The Justices of the Peace Act, 1866.'
" J. W. GUILDING.
" Made and declared at Shortland, in the province aforesaid, this 21th
day of December, 1872, before me—E. W. PUKEY, one of Her
Majesty's Justices of the Peace in and for the Colony of New
Zealand."
That the said John William Richard Guildiug, by whom the said declaration is made, and the
Gerald O'Halloran therein mentioned, are the respective defendants of those names.
That all circumstances happened, and all times elapsed, and all conditions were fulfilled
necessary to entitle Her Majesty Queen Victoria to become fully entitled, under and by virtue of the
laws of New Zealand, to take and hold possession of the said land so granted.
That in pursuance and exercise of the powers in him vested by "The Immigration and
Public Works Act, 1873," Sir James Fergusson, Bart., Governor of New Zealand, did, on the 25th
day of June, one thousand eight hundred and seventy–four, being then satisfied that the said piece or
parcel of land called Tairua block had been purchased out of certain moneys to he devoted for that
purpose, and that the said land was free from Native claims and all differences in connection there–
with, declare, by Proclamation published in the New Zealand Gazette, No. 34, the said land to be waste
lands of the Crown, subject, except as in the said Proclamation provided, to be sold and dealt with
according to the provisions of the laws for the thee being in force iu the Province of Auckland
regulating the sales and disposal of the waste lands of the Crown within such province, and thereupon
the said land, called Tairua block, did become subject to such provisions as aforesaid.
6. That. on or about the 8th day of April, one thousand eight hundred and seventy-five,
His Excellency the Marquis of Normanby, Governor of New Zealand, in pursuance and exercise of the
powers in him vested as such Governor by "The Gold Mining Districts Act, 1873," did extend and
enlarge the boundaries of a certain gold mining district called the Hauraki Gold Mining District,
which said district hail been constituted under "The Gold Mining Districts Act, 1871," and was, by
section 187 of the said Gold Mining Districts Act, deemed to be a district constituted under the said
Act of 1873, so as to include the said land called or known as the Tairua block.
That His Excellency the Marquis of Normauby, Governor of New Zealand, and as such
Governor, by and with the consent of his Executive Council and under the Public Seal of the Colony
of New Zealand, did, on or about the fifteenth day of April last, delegate to the plaintiff, as such
Superintendent, all the powers rested in the said Governor by the said Gold Mining Districts Act,
1873, which he was so empowered to delegate (without any restrictions whatever).
That there is upon the said deed of the seventh day of December, one thousand eight
hundred and seventy–two, another indorsement, iu the words and 'figures following:–
"Indorsement.
"It is hereby agreed that the Governor of New Zealand shall cause to be issued to Miriona, &c.,
&c., &c., a Crown grant for one thousand (1,000) acres of the land conveyed to the Queen by the
within–written deed ; such land to be selected within three months from the date hereof, audio be
taken iu either one or two blocks, at the option of the said Miriama Pehi Pukukauri. Expense of
survey to be borne by the Crown.
" JAMES MACKEY, jun.,
" Agent for Land Purchases, Immigration and Public Works Act.
" Witness to signature of James Mackay, jun.–
" J. W. R. GUILDING,
" Licensed Interpreter, Shortland."
Under and by virtue of which, the said defendants Miriama Pehi Pukukauri, Peneamene Tanui,
Hori Kerei Tuokioki, Matene Pehi, and Marara Hanata, claim to be entitled to a part of the said
Tairua block, to the extent of one thousand acres.
That the signature of the said last–mentioned indorsement is that of the defendant James
Mackay.
That until the month of May last no selection was made by the said Native defendants
under the supposed rights in the said indorsement contained.
That no Crown grant or Crown grants has or have yet been issued to the said Natives for
any such piece of land as is in the said indorsement mentioned.
That the defendant Gerald O'Halloran is an officer in the employment and pay of the
General Government of New Zealand under the said James Mackay.
That the defendant John Richard William Guilding is also in the employment and pay of
the said General Government, and is also under the orders of the said James Mackay.
That since the commencement of this year gold fields of very extensive value have been
discovered in the said Tairua block, and the said Native defendants have, since tine said commencement
of this year, agreed with the said John Richard William Guildiug to select the said one thousand acres
near to it, if not absolutely upon the spot where the said gold fields have beets so discovered as
aforesaid.
That the said John William Richard Guilding, while acting as a servant of the General
Government of New Zealand, to wit, in or about the mouth of April last past, applied to the said Native
defendants to make to him, and to the defendant Gerald O'Halloran, for their own private use, profit,
and benefit, a lease of the said one thousand acres, then about to be selected and surveyed, for a term
of twenty–one years from that time, at a rental of two hundred pounds per annum ; and used, in order to
accomplish his purpose, the knowledge which he had acquired in such service as aforesaid, and obtained
the signatures of the said Native defendants to au agreement for the same ; no other licensed
interpreter but himself being present at the time.
That at the time aforesaid, when the said John William Richard Guilding the
Native defendants to make the said lease to him, John William Richard Guildiug, Gerald
O'Halloran, the said John William Richard Guilding also agreed with the said Native defendants that
the said one thousand acres should at once be surveyed, and application made for a Crown grant of
the same to the Governor, of New Zealand, in order that the said Native defendants might lease the
same to the said John William Richard Guildiug and Gerald O'Halloran.
That the said one thousand acres was, as the plaintiff believes, immediately thereafter
surveyed according to and in pursuance of the said agreement so made between the said John
William Richard Guildiug and the said Native defendants, and a plan thereof made, which plan,
however, the plaintiff has not seen ; but was so selected and surveyed in a place quite and altogether
different from that formerly chosen by the said Native defendants, as the plaintiff is informed and
believes. And that the said plaintiff has never yet been informed regarding the exact position of the
said one thousand acres, and that the knowledge of the said site is still withheld from the plaintiff
and, as he believes, from the General Government of New Zealand, while the said defendants John
William Richard Guildiug and Gerald O'Halloran are dealing with the said Native defendants in
relation to the said land.
18. That the said land now selected as the said one thousand acres is of very great public
value, as all the defendants well know ; and was so selected and surveyed, as the plaintiff believes, in
fraud of tine plaintiff, as such Superintendent.
That the plaintiff fears and believes that, unless restrained by the injunction of this
Honorable Court, the said Native defendants, or the said John William Richard Guildiug, Gerald
O'Hallorau, and James Mackay. will apply to tine Governor of New Zealand for the issue of a Crown
grant for the said one thousand acres of land.
That the plaintiff, as Superintendent of the Province of Auckland, and the province itself,
may be and be believes will be seriously injured if the said defendants or any of
them are not restrained from applying for or receiving a Crown grant of the said one thousand acres so latterly
selected and surveyed as aforesaid, or if the said Native defendants are not restrained from dealing in any way
with the said one thousand acres last aforesaid.
21. That the plaintiff believes that the agreement between the said Native defendants and John
William Richard Guilding was made by and with tine knowledge of the defendant Gerald O'Halloran.
22. That the plaintiff is anxious and willing to ascertain the exact rights of the Native
defendants in the premises, and to net in accordance with the rights so to be ascertained.
That neither the General Government of New Zealand nor the Provincial Government of
the Province of Auckland has agreed, as the defeudants James Mackay, Gerald O'Halloran, and John
William Richard Guilding well know, to the issue of a Crown grant to the Native defendants of the
aforesaid one thousand acres of land.
That the defendant James Mackay had no power to bind the Government to issue a Crown
grant or Crown grants for the said one thousand acres of land, nor to make any contract for the same,
nor is the Government of New Zealand bound by the said indorsement of the said James Mackay.
That the plaintiff, as Superintendent of. the Province of Auckland, is now making inquiries in order to ascertain what, if anything, in equity and good conscience the said Native defendants
ought to receive fronts the Government ; and it the Native defendants be allowed to complete any lease
or demise to the defendants John William Richard Guilding and Gerald O'Halloran, or to any other
person, or it the said John William Richard Guilding and Gerald O'Halloran are permitted to obtain
such a lease of the said one thousand acres or any part thereof before the said inquiries are completed,
it will seriously injure and embarrass the plaintiff, as ouch Superintendent, in the performance of his
public duties as ouch Superintendent in relation to the Province of Auckland and to the said land.
That the plaintiff believes that, unless restrained by the injunction of this Honorable Court,
the said Native defendants, acting under the advice of the said John William Richard Guilding, will
sign and execute the said intended lease, and will thereupon proceed to exercise ownership and
authority over the said block of one thousand acres, to the plaintiffs great loss and detriment.
That the said one thousand acres so selected recently by the Native defendants as aforesaid
is the only place upon the said Tairau block upon which a township for public convenience can be
placed mid laid out, as the defendants well know.
28. That the plaintiff believes that the defendants are able to give full and complete evidence
of the whole of the transactions between them or any of them in relation to the said alleged reserve
of one thousand acres, and of all the subsequeut transactions in relation therewith, which will enable
this Honorable Court to deal justly with the same in relation to all the public and private interests
thereto relating, and to determine the rights aunt equities of all the parties thereto.
Wherefore the plaintiff prays:–
That the defendants may be restrained by the order and injunction of this Honorable
Court from dealing in any way with the said one thousand acres of land so surveyed as
aforesaid, iu tine way of leases, agreements, or otherwise in any way whatever till the
further order of this Honorable Court.
That the defendants each and all of them may be restrained by the injunction of this
Honorable Court front applying to the Governor of New Zealand for a Crown grant of
the said one thousand acres of land so surveyed as aforesaid, or from receiving any
grant from the Crown for the same until the further order of this Honorable Court.
That the defendants may be ordered by this Honorable Court to disclose all documents in
their possession or control, or the possession or control of any of them, in relation to the
premises ; and that they and each of them may be ordered to state all the facts within
their or each of their knowledge respectively ins relation to the agreement, if any, of
the reservation of the said one thousand acres, in, relation to the site of the same, in
relations to the survey of the same and the plan thereof, in relation to the alleged
agreement between the said John William Richard Guilding and the said Native
defendants or any of them, or in relation to any application or Applications made by the
![]() |
4.255 267 |
▲back to top |
1.—1.
70
71.
1.—1.
defendants or any of them, or by any person on their behalf, to the Governor of New
Zealand, or the General Government of New Zealand, or any person or persons whom–
soever, in relation to the obtaiuiug a Crown Grant for the said one thousand acres.
That the defendants may be ordered to pay the costs of this suit.
That the plaintiff may have such further and other relief in the premises as to this Honor–
able Court may seem meet.
(Indorsement on back.)
In the Supreme Court of New Zealand, Northern District.—Sir G. Gray, Superintendent of the
Province of Auckland, plaintiff–Pukukauri and others, defendauts.–Writ of summons.
[Handed in by Sir G. Grey.]
Memorandum re Reserve of 1,000 Acres, Tairua Block.
Legal title to block vested in Natives on the 29th November, 1872; Crown–granted to them on the
10th June, 1874.
Conveyed by Natives to the Queen on the 7th December, 1872, without any reservation (save
right to timber) expressed in the body of the deed.
Proclaimed on the 24th June, 1874, waste lauds of the Crown ; subject to be dealt with
according to the provisions of the land laws for the time being in force in the Province of Auckland.
No reservation of any kind whatever contained in the Proclamation.
Official intimation of a reserve of 1,000 acres having been made in favour of Natives, first
received on the 27th July, 1874, and conveyed by Mr. Mackay, as follows, in an enclosure to a letter
dated 25th July, 1874, copy of which is attached:—
" MEMORUNDUM.—There is a Native reserve of 1,000 acres at Tairua not yet defined on the ground.
" 25th July, 1874." " JAMES BLACKLY, jun.
Position of reserve, as pointed out on the official plan of the locality, by Mr. Mackay to Mr.
Waters, of the Waste Lauds Office, about the month of April last, is shown thus x on tracing attached.
6. Alleged position of reserve shown on same tracing, and marked thus [I I I I I I I I]
No official communication a to actual position of reserve him yet been received.
Conveyance from Natives to the Queen registered on the 15th July, 1874.
Tairua block proclaimed within the limit., of the Hauraki Gold Miniug District on the 8th
April, 1875. In this Proclamation the reserve of 1,000 acres is accepted, but without description of
boundaries.
On the 14th April, 1875, the surveyor appointed by the Provincial Government to classify the
lands in this block reported the desirability of reserving a portion of the laud above referred to (vide
No. 6) as a site for a township.
On the 15th May, 1875, the Government first became aware, from rumour, that this site
was about to be surveyed ou behalf of the Natives.
On the July, 1875, the Government first learnt that the Natives had coutraeted with
certain Europeans (said to be Messrs Guilding and O'Halloran) for the lease of this reserve.
8th July, 1875.
SIR,— Auckland, 25th July, 1874,
Referring to a recent Proclamation, to the effect that the Omahu, Whangamata, Hikutaia,
Tairua, Karo, Opango, Hotoritori, and Hihi and Piraunui blocks are waste lands of the Crown, I have
the honor to inform you that the kauri timber on the four first–named belongs to Messrs. Preece and
Graham, who own the Tairua Saw–mill. I enclose a tracing showing the position of the lands held by
them under timber lease.
The Opango, Hotoritori, and Hihi Piraunui blocks are in a similar position ; the Shortland Saw–
mill Company (Messrs. Russell, Stone, Wilson, and Heron) having valid leases of the timber growing
on the same.
The reason I wish to draw your attention to the leases of the kauri timber is to prevent any
complication arising by the inadvertent issue of timber licensee to other persons under Waste Lands
Regulations of the province.
As there are other blocks Acquired, or in the course of acquisition, for the Government in the
Coromandel or Hauraki Peninsula, over which similar private rights exist at the present time, I would
beg to draw your attention to my report to the Hon. Mr. Ormond, late Minister, for Public Works,
which is published iu Vol. III. of the Appendix to the Journals of the House of Representatives,
1873, G. S, which contains a detailed statement of all blocks subject to leases or agreements for timber.
I have, &c.,
JAMES MACKAY, jun.,
The Commissioner of Crown Lands, Auckland. Land Purchase Agent.
Memorandum on Enclosure (a Tracing).
"There is a Native reserve of 1,000 acres at Tairua not yet defined on the ground.
"25th July, 1874." " JAMES MACKAY, jun.
MEMORUNDAM–The tracing aunexed indicates position of reserve of 1,000 acres, Tairua block,
out to use on the official plau, by Mr. Mackay, in the Waste Lands Office. a few months ago.
Waste Lauds Office, Auckland, 5th July, 1875. THOMAS J. WATERS.
MEMORUNDUM illustrating nature of dealings which have taken place in reference to the following
Purchases effected under "The Immigration and Public Works Act, 1870."
1.Hihi and Piraunui Block, 6,775 Acres.
Conveyed by Natives to the Queen, on the 21st December, 1872, for the sum of £700. Registered
21st July, 1874. Lease of timber and incidental rights for ninety–nine years to T. Russell, W. C.
Wilson, and Captain J. Stone, 20th December, 1872, for the sum of £200, and a rental of 5. per
annum. Registered 29th July, 1874.
2. Opango Block, 1,000 Acres.
Conveyed by Natives to the Queen, on the 24th August, 1872, for the sum of £103. Registered
27th July, 1874. Lease of timber and incidental rights for ninety–nine years to T. Russell, W. C.
Wilson, and Captain J. Stone, 24th August, 1872, for the sum of £100, and a rental of 5. per annum.
Registered 28th July, 1874.
The conveyance of this block bears an indorsement, as follows :—
This is to certify, that the land described in the within–written conveyance to Her Majesty the
Queen was purchased by me for the Colonial Government, under authority front them ; that a long
time previously to receiving my instructions from the Government, I had made arrangements with the
Native owners for the purchase of the forest trees and incidental rights, for Messrs. Thomas Russell,
William Chisholm Wilson, and Captain James Stone, and had paid large sums of money thereon; that
I agreed to act for the Government in acquiring the fee simple only, on condition that all my said
arrangements for the forest were respected by the Government ; that accordingly, prior to my
negotiations for the purchase of the said freehold land, the forest and all necessary incidental rights
thereto were purchased by me (with the consent of the Government) from the Native owners for the
said Thomas Russell, William Chisholm Wilson, and Captain James Stone, and were conveyed to them
by deed, dated the 24th August, 1872 ; that subsequently I purchased the said freehold for the Govern–
ment, subject to the rights acquired, or intended to he acquired, by the said Thomas Russell, William
Chisholm Wilson, and Captain James Stone ; and that the Native owners of the said laud did sell the
said land to the Government on condition that the right of the said Thomas Russell, William Chisholm
Wilson, and Captain James Stone to the said forest should be recognized and upheld by the
Government.
Dated the 12th day of December, 1872. JAMES MACKAY, jun.
8, Hotoritori, 523 Acres
Conveyed by Natives to the Queen, on the 24th August, 1872, for the sum of £100. Registered
27th July, 1874. The conveyance of this block also bears au indorsement in terms similar to that
already noted in the ease of the Opango. Against this block (Hotoritori) there is lodged a caveat,
copy of which is hereto attached. These blocks (Hihi and Piraunui, Opango and Hotoritori) were
transferred to provincial administration by Proclamation, dated 24th June, 1874. The Act was passed
on the 31at August, 1874. This Proclamation was subsequently revoked on the 5th September, 1874.
Caveat forbiding Registration of dealing with Estate or Interest.
To the DISTRICT Land REGISTRAR of the DISTRICT of AUCKLAKD.
TAKE notice,' that we, Thomas Russell, Captain James Stone, and William Chisholm Wilson, of
Auckland, gentlemen, claiming estate or interest as owners of all kauri and other trees and bush on
the lands hereinafter mentioned, and as lessees of the said lands for the term of ninety–nine years,
under and be virtue of certain deeds of grant and demise, particulars of which are as follows:–
Deed of grant and demise from Matiaha and others to the said Thomas Russell, Captain
James Stone, and William Chisholm Wilson. Dated 23rd August, 1972.
Grant and demise to the said parties from Te Pukeroa and others. Dated 7th September,
1872.
Grant and demise to the said parties from Kerei and others. Dated 24th August, 1872.
Grant and demise to the said parties from Tautoru and others, Dated 5th September,
1872.
—in all those parcels of land, being the Native blocks called or known as Waiwhakaurunga Mangi–
nahae, Hotoritori, said Mangarehu, respectively, situate in the District of Hauraki, Banks County, in
the Province of Auckland, forbid the registration of any memorandum or transfer or other instrument
affecting the said land until this caveat be by the said Thomas Russell, Captain James Stone, and
William Chisholm Wilson withdrawn.
Dated this 28th day of July, 1874.
WHITAKER AND RUSSELL,
Solicitors for the above–named Thomas
Russell, Captain James Stone, and
William Chisholm Wilson, Wyndham
Street, Auckland,
Witness–Joseph Newmau, J.P., a Justice of the Peace for the Colony of New Zealand.
We consent to the registration of Transfer No. 411, dated 8th October, 1974, from Henare
Whakarongahau and others to Her Majesty the Queen, notwithstanding this caveat.
22nd April, 1975. WHITAKER A
By Authority: GEORGE Goverment Printer, Wellington,—1875.
Price 2s. 6d.
![]() |
4.256 268 |
▲back to top |
1.—4.
Kooti Whakawa Whenua, Maori a c mea ana ratou kia tenoa atu ki te Kawana kia whakahaua e is tama'
whakawa tuarua. , •
Tetahi kupu a to Komiti kin tino tupato te whakahaere te whakamaua i nga tikanga O te tekihaua
torn tekau ma tore (33) o " Te Ture Whenu Maori, 1873," mo te ruritanga o nga whenna. Ko te
ruritanga o nga whenua o whakahuatia ana i roto i te pukapaka–inoi he mea mahi kau i runga i te
tikanga o nga teihana kahore i haerea nga rohe, ko teaei korenga whakamana i te Tare te take, nui pea
o to pouritanga.
JOHN BRYCE,
Tumuaki.
REPORT ON THE PETITION OP ANARU MAKUWHARA AND 417 OTHERS.
Petitioners pray that the number of Maroi members in the Honse of Representative, be
increased.
That the Maori members of the Legislative Council be elected by the Maori people.
That Native Councils be established in the various districts of New Zealand.
I am directed to report as follows:–
That as a Bill is now before the \_House having for its object an increase in the representation
of the Native race, the Committee do not consider it necessary to make any recommendation on this
point.
Inasmuch as the nomination of members to the Logislative Council rests with his Excellency
the Governer, the Committee do not see their way to make any suggestion in reference to that part of
the petition in which it is prayed that the Maori members of that body should be elected by the people.
3. The Committee would beg to recommend to the favourable consideration of the House, the request made in the petition for the establisment of Native Councils.
JOHN BRYCE,
9th August, 1876. Chairman.
[TRANSLATION.]
REPORT ON THE PETITION OF MEHA TE MOANANUI AND 165 OTHERS.
THE petitioners state that certain lands at Hauraki have been shut up by the Government, and
that they suffer loss and inconvenience in consequence thereof.
They pray that the number of Maori members in the House of Representatives be increased,
and that the Maori members of the Legislative Council be elected by the Maoris ; they also pray that Maoris may be allowed to sit on juries, and eite a number of case; which they allege ought to have been
tried by a mixed jury.
I am directed to report as follows:—
That, in the opinion of this Committee, the system of dealing with Native lands, of which the
present case is an example, is exceedingly unstatisfactory, and the whole subject requires the most serious consideration of the House.
That, as the subject of increased representation is now before the House, and will doubtless be
fully considered, the Committee do not, think it necessary to make any recommendation on the subject.
And with reference to the prayer of the petitioners, that Afaori members of the Legislative
Council should be elected, the Committee do not see their way to making any suggestion, inasmuch as
the power of nomination rests with the Governor.
3.In reference to the right of Maoris to sit on juries, the Committee are of opinion, that "The
Juries, Act 1868," makes ample provision for the, exiting, state of things.
These provisions had not however been brought into force, and cannot be, brought into force untile
the Governor in exercise of the powers vested in him by the Act shall make certain rules and
regulations.
The Committee recommend that the provisions of the Act should be put in force, and Maoris
be admitted to sit on juries in the limited number of cases Specified by the Act.
JOHN BRYCE,
9th August,1876. Chairman
Akuhata 8, 1876.
[TRANSLATION.]
TE KUPU A. TE, KOMIH 3re MO RUNGA I TE PUKAPUKA – IXOI A AXARU MAKIWHARA ME ONA HOA 417.
E teno ana nga Kai–inoi kia whakatokomahatia nga Meina Maori ki roto ki to Runanga e
Rangatira i kowhiria i runga i te pooti a te iwi.
Ko nga Mema. Maori o te Runanga Whakatakoto Ture me whakatu e te Iwi Maori.
Me whakaru he Kaunihera Maori hi rote ki nga takiwa o Niu Tireni.
Kau whakahaua ahau kin hi penei atu to Whore:—
1. Notemea he Pire kei to aroaro o to Whare inaianei tona tikanga he whakatokomaha i nga
Mema Maori. kahore te Komiri e mahara kia whai kupu ratou ma tenei.
2. Inahoki ke te mann mo te whakatu i Mema o te Rananga whakatakoto Ture Kei te
Kawana, kahore te Kom1iti e marama ki te whai kupu mo tora wahi 0 te pukapaka–inei e tono nei–
whakaturia nga–mema o reira e to iwi. -
3. E mea ana to Komiti me titiro poi e te Whare te tono i roto i te pukapuka–inoi kia whakaturia
he Kaunihera Maori.
JOHN BRYCE,
Ahuhata 9, 1876
REPORT ON THE PETITION OF MEHA TE ONA HOA 417.
TUniuaki
![]() |
4.257 269 |
▲back to top |
[TRANSLATION]
KO TE KUPU A TE KOMITI MO RUNGA I TE INOI A MEHA TE MOANANUI ME ONA HOA. 165.
KI ana nga kai–inoi ko etahi whenua koi Hauraki kua tutakina e to Kawauatanga e mate ana
ratou i taua tikanga.
E tono ana ratou kia whakatokomahatia nga mema ki roto ki to Rangatira i ko–
whiria i runga i te pooti a te iwi a e mea ana ratou ko nga, mema Maori o te Runanga Whakatakoto
Tura ma te iwi e whakatua: e inoi hoki ana ratou tukua nga Maori kia noho i roto i nga Runauga
tekaumarua (Huuri) a e whakaatu mai ana ratou i etahi whakawakanga i meatia e ratou kua tika kia
whiriwhiria e te Huuri i uru tahi ai te Maori me to Pakeha.
"
Kua whakahaua ahau kia ki penai atu ki te Whare:–
1.
1. E whakaaro ana te Komiti ko te tikauga whakahaere penei i nga whenua Maori ha nui te ahua
raruraru a ko tenei mea Katoa e tono ana kia tino whiriwhiria e te Whare.
2. Notemea kei te aroaro o te Whare te korero mo te whakatokomaha i nga mema Maori ki reira
ata whiriwhiria ai pea, kahore te Komiti e whakaare be tino tikanga kia whai kapu ratou mo tenei.
A, mo ranga i te inoi i roto i te pukapuka–inoi kia waiho ma to iwi e whakatu nga mema o te
Runanga whakatakoto Ture, kahore te komiti e marama ki te tohutohu atu i tetahi Kupu, inaboki ko
te mana whakatu kei te Kawana.
3. Mo runga i te tikanga kia noho he \_Maori ki roto ki nga Ramauga tekaumarua (Huuri) e wha–
kaaro ana te Komiti kei "Te Ture mo nga Huuri, 1808," tehahi mana mo te ahua o taua mea inaiauei.
Ko taua tikanga kahore ano i whakaotia tuturutia a kahore e taea to whakaoti engari ma to
Kwana i runga i te mama kua hoatu ki a ia e taua Ture e hauga i etahi tikauga, whakahaere.
E mea ana te Komiti he mea tika kia whakahaeretia te mana e tau ana ki te Kawana i runga i
taua Ture kia ahei ai te whakauru i nga Maori ki nga Runanga tekaumarua (Hurri) mo nga ahua
whakawa e whakahuatia ana e te Tere e uru ai ratou.
JOHN BRYCE,
Akuhata 9, 1876, Tumuaki.
REPORT ON TILE PETITION OF MATIAHA MOKAI AND 4 OTHERS.
THE petitioners state that they hold a certificate under the Native. Lands Act for a block of land
in the District of the Wairarapa, called Ahikouka, and then pray for the issue of the Crown grant in
terms of that– certificate.
The Committee have thought it necessary to make very full inquiry into this case by the examina–
tion of two of the petitioners, and by taking the evidence of Ngatuere, the Native chief, whose oppo–
sition has been the cause of the non–issue of the Crown grant up to the present time.
Mr. Clarke, of the Native Office, and Mr. Karaitiana Takamonna., M.H.R, have also been
examined.
I am directed to report as follows :—
That, in the opinion of the Committee, the danger of any trouble arising from the issue of the
grant has been over–estimated by the Native Department.
The Committee recommend, therefore, that the grant should be issued in the terms of the
certificate, and as required by law, without further delay.
JOHN BRYCE,
10th August, 1876. Chairman.
[TRANSLATION]
Ko TE KUPU A TE KOMITI MO TE RUNGA I TE PUKAPUKA–INOI A MATIAHA MOKAI ME ONA
HOA E 4.
E KI ana nga Kai–inoi kei a ratou tetahi pukapuka Tiwhikete i whakaputaina i runga i te mann o
Te Tura mo nga Whenua Maori mo tetahi piihi whenua kei Wairarapa tona ingoa, ko Te Ahikouka, a
e inoi ana ratou kia whahaputaina te Karauna karaati i runga i taua Tiwhiketc.
I whakaaro te Komiti kia ata kimihia nga tikanga katea o tenei mea whakarangona ana nga
korero a nga tangata tokorua, whakarangona ana hoki nga korero a Ngatuere te rangatira
Maori na tona, pakeke ki te whakahe i kare ai e whakaputaina te Karauna karaati taen noatia tenei wa.
I pataia hoki a Te Karaka, o te Tari Maori, a Karaitiana Takamoana, M.H.R.hoki.
Kua whakahaua ahau kia ki penei atu ki te Whare :—
Ko te whakaaro e te Komiti, kua whakanuia e te Tari Maori te wehi kei tupu he raruraru i runga
i te whaknputanga o te Karanua karaati koia i whakapuakina ai e te Komiti ta ratou whakaaro
kia tere te whakaputa te Karauna karaati i runga i te Tiwhikite i runga heki i nga tikanga o te Ture.
JOHN BRYCE,
Akuhata 10, 1876. Tumuaki.
REPORT ON THE PETITION OF FREDERIC SUTTON
THE Petitoner staies that he has suffered loss in Consequence of his not being able to recover his coats
in an action which he gained against persons of the Native race, and prays that the law only be altered
so as to render lands which have been Crown–granted to Maoris available for the recovery of costs in
Civil actions.
I am directed to report as fellows :—
That, in the opinion of the Committee, the petitioner has not established a case of case hardship in the
instance cited, inasmuch as it appears, from evidence taken by the Committee, that a bond for the law
expenses was, taken or agreed to be taken before the appeal was heard. And the Commitee are
![]() |
4.258 270 |
▲back to top |
G.—1.
sick a much greater faith in the skill of the medical profession prevails, and a desire in extreme
cases to become inmates of the Colonial Hospital.
On Education.—The establishment of free Government schools, specially designed for
acquiring a knowledge of the English language, has impressed the minds of some parents with
the value and importance, in a political and social point of view, of obtaining for their children
an English education; but how far that impression, destitute as it is of discipline with, their
offspring, love of novelty, and want of perseverance on their own part, which are some of the,
weak points in the social economy of the Native race, will lead to practical and beneficial results,
time alone can determine.
As to holders of land, whether as individuals or in communities, experience has, I think,
shown that the trade in land has tempted many avaricious persons to throw off kid ignore the obligation due to the tribe or community long recognized as a custom, usage, or Native law for common defence, and thus to deprive the weaker members of their own and children's inheritance.
A remedy, suggests itself, I think, in the affirming of titles to individuals as a rule, and thus render the occupation and purchase of land more equitable, and at the same time offer greater facilities to bona fide colonists for the peaceful and prosperous settlement of the country. The abandonment also by the Government at this stage of the purchase of Native lands seems to be
not only wise but politic for many reasons.
Lastly, as to the loyalty of the Natives : few will doubt, I think, the acceptance by the
Natives as a body of the better alternative—viz., the Crown's in preference to the divided authority of Maori chieftains. The employment, therefore, at present, of many of these influential chiefs by the Government will continue to fill up the void they must feel, whose recompense, however, should, I venture to think, be made in proportion to their zeal and activity, whatever that occupation may be : invidious comparisons are not unfrequently drawn between
the drones and the workers, and the amount of pay severally drawn by them.
Finally, I desire respectfully to bring before the notice of the Hon. the Native Minister
the ready help given by many of the chiefs in this district when called upon ; also the willingness
and submission with which they (through this office) apply to the Government for advice, as well
as the assistance and hospitality they show to visitors of their own race who visit Auckland as a
centre of commercial and social attraction.
I have, &c.,
The Under Secretary, Native Department, H. T. KEMP,
Wellington. Civil Commissioner.
No. 6.
Mr. E. W. PUCKEY, Thames, to the UNDER SECRETARY, Native Department.
Native Office, Thames, 8th June, 1877.
I have the honor to acknowledge the receipt of your circular, calling for the annual
report on the state of the Natives in my district, and in compliance therewith to report
as follows :—
(1.) Condition—Social and Moral.
I cannot, under this head, report any marked change\_as to the condition of the Natives at
the Thames, the process of change being so gradual as year by year to leave but little trace of its effects. There is one thing, however, certain, and that is that the old chiefs are passing away
into another state of being, and are giving place to a new generation, who view or are likely to view the rapid progress of the European race with less jealous eyes.
Since the date of my last annual report, two leading chiefs, one of Ngatimaru and one of Ngatipaoa—that is to say, Rapana Maunganoa, and Tamati Tangiteruru—have died. I need hardly
say in reference to them that they each took a prominent part in tribal matters, and were looked
up to with much deference by their respective tribes.
(2.) Industrial Pursuits.
I regret that I am not able to say on this head that the Natives here arc any better than
in some other parts of the colony in reference to their industry, for I do not believe they are.
It is true there are a few exceptions—i.e., there are a few who during the planting season will cultivate a sufficient area of land to maintain themselves and their families. Most of them, however,
prefer a sort of hand–to–mouth existence, on the principle perhaps of "little eat, little care "—a principle which is better in theory than in practice. Of course, the above remarks must not be
taken as reflecting in any way upon the owners of the Thames Gold Field.
There is a custom which, I think, has rather grown upon the Natives of late years than the contrary, and as it tends materially to impoverish them, and rob them of the result of such nega—
tive industry as they possess, might very properly, I think, be referred to under this head : I mean the custom of the uhunga—"wailing for the dead." It appears to be a universally–accepted
fact amongst them that they cannot be strong to cry unless there is not only a sufficiency but a superabundance of food provided; and they consider that it redounds to the glorification and
credit of the departed and also of his or her deceased relatives, as well as a proof of respect to their visitors, that a lavish supply should be made—not, as in days gone by, of food obtained and prepared by the Natives themselves, but of the imported luxuries of the wealthy pakeha.
4
![]() |
4.259 271 |
▲back to top |
5
G.-1.
(3.) State of Native Feeling.
As regards the state of feeling existing between the Maoris and their pakeha neighbours in
this district, on the whole nothing could be more satisfactory. I regret, however, to hat
between Ngatitamatera and Ngatirahiri—the former being one of the leading tribes of
and the latter a sub–tribe of Ngatimaru—there has been a difficulty about the Aroha Block, which,
at one time, appeared to threaten the peace of the district. The danger, however, if any really existed, has been averted. The difficulty arose out of the sale of the Aroha Block to the Govern–
ment, which block had been finally adjudicated upon by the Native Land Court at Auckland in 1871, and awarded to the descendants of Marutuahu, from which common ancestor most of the
Hauraki Natives have sprung. Ngatirahiri now, however, after accepting certain payments on account of their interests, pretend to claim through Te Ruinga, and say Marutuahn was not entitled, nor his descendants either "except in so far as Te Ruinga's descendants choose to recog–
nize them. But, prier to the promulgation of this new theory, the other different tribes and hapus, whose descent could in any way be traced to Marutuahu, had parted with their interests to the Crown, and Ngatirahiri now intend by all means to resist the sale of this block, and challenge
the other tribes to come forward and point out the boundaries of what they claim. About the middle of January last some Natives from Ohinemuri were proceeding to Cambridge by way of
Te Aroha. They were stopped by certain persons of the Ngatirahiri hapu, who threatened they would shoot them if they did not turn back. This action on their part was speedily followed by the Ohinemnri people closing the navigation of the river Waihou (as regarded Ngatirahiri only)
by placing a boom across the river immediately below the confluence of the Waihou and Ohine–
muri rivers, and for a time things looked threatening, both tribes looking upon each other with enmity and mistrust. The Ngatirahiri, having discovered that the navigation of the river had been stopped and pas erected by the Ngatitamatera, also built a pa for themselves at Te Aroha
and it appeared very likely that a serious rupture was about to take place, especially as Ngatira–
hiri were continually making use of offensive expressions towards Ngatitamatera, and acts
of aggression on their part were frequent. But Ngatitamatera, evidently not wishing to canse trouble in Hauraki, and guided by the counsels of their chiefs Te Moananui and Te Hira, expressed a wish that the matter should be brought to a conclusion, and an expedition consisting
of myself and several influential Hauraki chiefs proceeded to Te Aroha to endeavour to make peace. We, however, found Ngatirahiri very obdurate. The Ngatitamatera had removed the boom before we went to Te Aroha, and on our return they formally withdrew out of the by
demolishin the pas, and since that time all fear of a rupture has ceased, as Ngatitima are
determined not to enter into a quarrel with Ngatirahiri.
I have, &c.
The Under Secretary, Native Department, E.W PUCKEY,
Wellington. Native Agent.
No. 7.
Major MAIR R.M., Alexandra, to the UNDER SECRETARY, Native Department.
SIR,— Alexandra, Waikato, 25th May,–1877.
In compliance with your circular, I have the honor to report upon Native affairs in thi
district.
During the past twelve months there has been a total absence of the political gatherings for
which the Hau–Hau party had become so notorious : not that these meetings were unproductiv
of good, for even when called in an unfriendly spirit to Europeans, they acted as a sort of safety valve, and each " village Hampden ", having aired his eloquence, and, more important still, all
the food in the neighbourhood being consumed or wasted, the people dispersed, satisfied tha things would "remain as they were for the present." But now the necessity for these huis doe
not apparently exist, the Native mind being less unsettled, and it being generally understood that the "Native difficulty," or as much of it as now exists, would be arranged "some day by Tawhiao and the Government." In the meantime, the bulk of the people, tolerably content with
the actual state of things, are becoming more industrious, and yearly bring larger quantities co– produce to the nearest markets. With this end in view, a steady exodus is going on from the
more remote settlements to Kopua, Hikurangi, the valley of the Puniu, Maungatautari, and other places near the frontier, as being more convenient for grain–growing. Unfortunately
serious damage has been done to the wheat crop during the last two seasons by floods, but the yield has increased largely nevertheless, and trade, when the state of the rivers permits cano navigation, is quite brisk. The demand which has sprung up for an edible fungus, valued by the Chinese, furnishes light work for the young, and the infirm also, for the article in i
gathered in the woods with very little trouble, and after drying in the sun is ready for .
Waikato and Ngatimaniapoto are becoming more estranged : indeed, when it is remembere
that the former have for the last thirteen years been occupying land belonging to the other tribe
it is not to be wondered at. Maniupoto are afraid that Waikato, if permitted to continue their occupation, will eventually bring forward claims to the land, and they would gladly be relieve
of their presence.
The new form of worship, called "tariao," is, I think, on the wane; very few of the young
![]() |
4.260 272 |
▲back to top |
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML> <HEAD> <META HTTP-EQUIV="Generator" CONTENT="OmniPage Pro 15 - http://www.scansoft.com"> <META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=UTF-8"></HEAD></HTML>
![]() |
4.261 273 |
▲back to top |
G.-7. 8
The purchase of the Aroha Block was progressing most favourably, and a very large majority of the owners had executed the deed of conveyance to the Crown, when unfortunately Mr. Broomball arrived at Ohinemuri, to inspect the lands in that neighbourhood. I very foolishly gave him every facility to visit Te Aroba Block, and, to prevent him having to ask questions from Natives there about the land, despatched my own Interpreter (Mr. Guilding) with him. On his return, he expressed himself pleased with the country, and said he would like to acquire it for his special settlement. I then drew his attention to a few points: Firstly, that the Native title was not extinguished, but believed it soon would be. Secondly, that the Natives who were living there would require some reserves. Thirdly, that the public would not be satisfied at the hill lands being granted to him, unless the right to mine for gold was reserved by the Crown. Fourthly, that there were several persons at the Thames who had been promised land for settlement there. Fifthly, if he wished to apply for the block he had better not make his application public or it might very materially interfere with the cession of the block. Mr. Broomball thanked me for the information, and promised to be very careful not to make his application public. He proceeded to Auckland, and forthwith made an application to the Waste Lands Board for 47,000 acres of Te Aroha Block. The Waste Lands Board illegally dealt with him, and agreed to his proposals; overlooking the fact that they had no right to deal with lands over which the Native title had not been extinguished, and which were not under their control until declared by the Governor, by Gazette notice, to be waste lands of the Crown. Reports of the proceedings of the Waste Lands Board were duly published in the Auckland newspapers. The Maoris were informed by interested Europeans that the Government had sold 47,000 acres to Mr. Broomball at 20s. per acre, and I was not paying them 5s. for it. Some twenty-five Natives of Ngatirahiri refused to sign the deed, and the purchase remains incomplete to this day. A very serious quarrel then took place between the Natives who had sold and conveyed their interest in the block, and the obstructive party ; the latter returned to Te Aroha, and erected a fighting pa; and the Ngatitamatere portion of the former placing booms across the Waihou at Ohinemuri, to prevent the return of Ngatirahiri to Hauraki, and building a pa to protect the booms. The Ngatipaoa and Ngatiwhanaunga tribes wished me to allow them to proceed to Te Aroha and drive off or kill this handful of Ngatirahiri, in consequence of curses they had uttered against them. Had I encouraged this step, it would have been taken. I visited the Aroba on three occasions, and was threatened with violence, and had several bullets fired over my head. After a considerable time had elapsed, a better state of feeling was brought about between the contending parties; and I must here mention the valuable aid given to me by Mr. Puckey, the Agent for Native Affairs in this district, and Wirope Hoterene Taipari, Native Assessor, which principally enabled me to renew negotiations for the outstanding claims. Considerable progress has been made with the Waihou West, Waitoa, and Piako Blocks, which are adjacent, and cannot well be separately dealt with. The Waihou West Nos. 1, 3, and 4 Blocks have passed the Native Land Court, and the deeds of conveyance are in course of execution by the grantees. The Waihou West No. 2 Block, was withdrawn from the Court on account of a very serious dispute as to a boundary, which arose between the Ngatihako (aided by Ngatipaoa) on the one side, and Ngatitamatera on the other. The surrey was stopped by an armed party of Ngatihako. It has been arranged for certain men, who have been specially selected by both sides, to investigate and settle this question. This has for a time delayed the survey of the portion of the large Piako Block which here marches with the lands of Ngatihako and Ngatitamatera. There is also a dispute between the Ngatipaoa and Ngatimaru, as to the position of the north-west boundary of the Orum block, owned by the Ngatimaru. This has been left to arbitration by men specially selected by both tribes. The non-fulfilment of the arrangement for the exchange of the lands compriaed in Webster's old land claim at Maukoro on the western side of the Piako (now owned by Mr. Whitaker) for lands elsewhere, as arranged between the Government, the chief Tarapipipi to Kopara, and Mr. Whitaker, has been a fruitful source of discontent, and has caused much interference with the surveyors. I am, however, happy to say this obstruction is now removed, and the surveys are progressing as fast as the season of the year will permit in low-lying country. The friendly Ngatiraukawa claiming the Patatere Blocks are very anxious to arrive at a final arrangement about their country ; in several instances they are willing to dispose of the freehold, instead of leasing the lands as formerly arranged. The Hauhau portion of the owners have so far been able to delay the negotiations ; but the firm stand taken by the loyal portion of the tribe, and the pressure they are bringing to bear on them, is beginning to be felt, and will probably in a short time induce the withdrawal of the opposition.
The other blocks under negotiation require but little comment from me. The surveys and preliminary agreements have been made, and on the title being investigated by the Court there will be but little difficulty in procuring the conveyances, as the lands are situated where there is no European competition, and no Natives with Hauhau proclivities. The blocks which prevent the greatest obstacles to their acquisition are those situated at Ohinemuri, Waihou East and West, To Aruba, Waitoa, and Piako. This partly arises from the peculiar state of the title in that portion of the district, owing to the claims of the conquering Marutuabu tribes being intermixed with those of the semi-conquered remnant of the original owners of the land. So troublesome are there to determine, that Judge Munro, at the recent siuiug of the Court at Ohinemuri, in a case of this character, about a block of four acres, observed from the bench that "There was more trouble in deciding the title to it than there would be in the ease of a block of ten thousand acres to the north of Auckland, where vassal tribes are unknown."
Another matter which in that portion of the district tends to retard the completion of Govern-
purchases is that very high prices have been paid during the last two years to the European
of land at Waikato, Upper Piako, and Weitoa, by purchasers from the South Island and else-
where, which is well known to the Natives. Land agents and interpreters now find it greatly to their
interest to outbid the Government purchaser and thus induce the Natives to renudiate agreements
9 G.-7.
Under the Native Lands Act now in operation, the Crown is utterly powerless to protect itself, as agents are not allowed to act in Court. Natives who are well known to be principal owners and occupiers of lands which hare been sold to the Crown, and who have signed agreements to sell, have occasionally withdrawn from their claim, or have not pressed it in the Court as against outside claimants or counter-claimants, or have secretly plotted to agree to the claims of non-owners, for the purpose of securing additional payments, or to upset previous arrangements made with the Government. These proceedings could in a great measure be checked if the Crown Agent had power to appear in Court on behalf of the Government, cross-examine such false claimants, and call witnesses to rebut their evidence.
When the Government Agent has negotiated for the purchase of a block of land, and agreements have been duly signed, in my opinion it would be advisable that he should be empowered by law to make an application to the Native Lands Court to investigate the title of the Crown to the lands in question. After due notice had been given, and the Court investigating the claim, the Court should be empowered to award to the Crown the whole or such portion of the lands forming the subject of the agreement as should appear to have been fairly purchased. A certificate of title or memorial of ownership could then be issued to any owners who were proved not to have joined in the agreement to sell. At present the Native seller or claimant is the only person who can make an application to the Court to investigate the title to a block of land ; and as a practical illustration of how this provision works, I will mention a ease in which I purchased a large block of land for the Government. Four of the Native owners (also vendors) put in an application for the investigation of their claim. Everything required by law was done, but to my astonishment, on the day of hearing, the principal man of the four claimants rose in Court and withdrew the claim. The Court assented to the application. I objected on behalf of the Government. The Court, after some deliberation, said the Governor must appear personally, and that I had no locus standi, at the law enacted that agents could not appear.
In cases where lands are held by Natives under Crown grant, and the Crown acquires by purchase the fee-simple of a portion of the block only, the Crown ought to be entitled to have its claim to a subdivison heard ; and the land should be apportioned between the Crown and the grantees who declined to dispose of their interest.
It frequently happens that where the Crown makes purchases of granted lands, all or some of the owners require certain pieces to be reserved from sale. The case of all the owners asking fern reserve is not so difficult to deal with, as the alienated portion would belong to the Crown and the unalienated part to the whole of the grantees, but the Crown's title would be clogged with a covenant to produce title-deeds, a very undesirable state of affairs with Crown lands. In the case where only a portion of the owners required a reserve, the matter becomes more complicated. It is my opinion that reserves should be dealt with in somewhat the following manner : The reserves should, if possible, be marked off on the ground before the final completion of the deed ; failing this, a memorandum should be attached to the deed setting forth the area of the reserves and the situation as nearly as possible, the names of the proposed owners, and all necessary information. The original grant should then be cancelled, the conveyed portions be declares to be waste lands of the Crown, and fresh grants be issued to the persons entitled to the reserves as soon as correct survey plans were lodged with the Inspector of Surveys.
I have the honor to transmit herewith a tabular statement showing the position of land purchases undertaken through my agency. I have, &c.,
The Hon. the Minister for Public Works, Wellington. JAMES MACKAY.
Enclosure in No. 3.
RETURN OR PURCHASES COMPLETED during Year 1876-77.
|
|
District. |
Name of Block. |
Area. Purchase Money. | ||
|
|
|
|
Acres. |
£ |
a. d. |
|
Hauraki |
|
Tawhitirahi |
1,466 |
2t9 |
6 10 |
|
|
... ... ... ... |
Omaha West Papatai |
1,157 460 |
300 69 |
0 0 0 0 |
RETURN OF PURCHASES in course of COMPLETION for which DEEDS are partly executed.
Hauraki District.
|
Name of Block. |
Area |
Payments to Date. |
REMARKS. | ||
|
|
Acres. |
£ |
a. d. |
|
|
|
Te Aroha. ... .., Omaha West No. 1 |
'62,662 2121 |
13,859 50 |
13 0 0 n |
20t signatures to deed. 24 „ |
ired. |
|
„ No. 3 |
991 |
230 |
0 0 |
31 „1. |
|
|
, No. 3 |
390 |
90 |
0 0 |
9 ,, ” |
|
|
'No. Onetsi 1 ... , Nn .2 „. ... |
1,1371 3591 |
82 31 |
10 0 0 0 |
17 „ .. a |
, |
|
Ifer;gakirikiri No. 1 |
1,63 |
170 |
6 6 |
0 ,, is |
A |
|
No.3 |
1,073 |
120 |
15 6 |
3 ,, |
|
|
Thispe n, .. ... |
1,260 |
305 |
17 A |
a |
|
![]() |
4.262 274 |
▲back to top |
7. 10
Blocks for which Agreements are signed.
|
Name of Block. |
|
Payments Date. |
to |
REMARKS. |
|
|
Acres. |
£ e. |
d. |
|
|
lissatang• |
|
196 0 |
0 |
|
|
Waieu . . |
400 |
20 0 |
0 |
|
|
Ohinemuri... |
132,175 |
787 17 |
0 |
Deed of grant executed, 3d. per acre. Commissioner paid 1d. per acre, to be paid when purchase com- pleted. |
|
Whitoters... |
707 |
20 0 |
0 |
|
|
Witereksimi laet No. 1 ... ... |
10,754 |
678 0 |
0 |
|
|
Fiuiri Noels ... |
3,500 |
175 0 |
0 |
|
|
Mesita |
1,098 |
74 0 |
0 |
|
|
Alliram ... •.. ... ... |
3,000 |
205 0 |
0 |
|
|
Pulteren&ra .– |
400 |
70 0 |
0 |
|
|
Wathou Bert end West ... |
50,000 |
3,469 6 |
0 |
Deeds of a portion at Ohinemuri now in course of |
|
|
|
|
|
signature. |
|
Welheratelie Block |
|
386 0 |
0 |
|
|
Te Tipi „.... |
3,881 |
290 0 |
0 |
|
|
Wainesho and Pet.ans \_. |
4,000 |
62 10 |
0 |
|
|
Ionia o Mocha* ... |
1,769 |
6 0 |
0 |
|
|
Mariginelme ... .,.. |
147 |
16 111 |
0 |
|
|
Waraka South ... |
135 |
56 0 |
0 |
|
|
. Orman&.. |
5,095 |
120 0 |
0 |
|
|
Me. ... , Pilaus ... ... |
Wee |
101 0 16,510 14 |
0 5 |
|
|
Palates ... |
249,000 |
3,843 0 |
0 |
Originally to lease, now in greater part altered to purchase. |
No. 4.
Mr. HENRY MITCHELL, Rotorua, to the UNDER SECRETARY, Native Department.
SIR,— Rotorua, 30th June, 1877.
In accordance with your instructions of the 12th instant, I have the honor to furnish herewith a report showing the progress made with the land-purchase business in the Taupo, Rotorua, and Bay of Plenty Districts during the past year. On the 30th June, 1876, the Government land negotiations within these districts were suspended by direction of the late Sir Donald McLean, then Native Minister ; and the operations when resumed, were, and have since been, confined chiefly to preparing the several unfinished transactions for survey and investigation of title by the Native Land Court, the Government having directed that all the lands under negotiation not previously clothed with a legal title be passed by that tribunal. In February last, accordingly, the district was opened to the Court's jurisdiction by Proclamation issued under the hand of His Excellency the Governor, revoking that of August, 1878, whereby this country had been withdrawn from the operation of the Native Land Act. The necessary steps were then forthwith taken, and claim for all unadjudicated blocks of land under negotiation on behalf of the Crown were made by the Natives, and forwarded through the District Officer to the Chief Judge of the Court. Meetings were also held at Taupo with the grantees of Rutanga No. 2, Tauhara Middle, Tauhara North. and Oruanui Blocks, with the view of settling the difficulty hitherto delaying the completion thereof, which I may here state in detail for your information.
Runanga No.2: 45,400 acres; lease for thirty years, at £100 per annum for the whole term.—Title, Crown grant in favour of ten individuals, nine, only of whom agreed to and signed the deed of lease ; the tenth, Maihi Maniopoto, still holding out, a claim was made by him for excision of his interest in the block, and forwarded to the Court. Two reserves of timber made by the nine grantees and the Land Purchase Agents cannot be defined until the excision of this interest is made ; but immediately afterwards I have arranged to have this done, and the deed of lease will then be complete, with plans of the reserves indorsed thereon, and forwarded to the Government. Tauhara Middle: Lease, 93,871 acres.—Title, Crown grant, in favour of six individuals, two of whom have since died The lease to the Crown was agreed to and signed by the four original grantees and by the two persons who were declared by the Natives to be the successors to the two deceased grantees. It was afterwards discovered that one of these successors was only one of ten persons who were duly recorded by Judge Rogan as the successors to one of the deceased grantees ; and, further, with the exception of one (the individual who had signed the Government lease), these successors were minors at the time of appointment. The other grantees and the Natives generally repudiated the idea of allowing these minors to delay a settlement of the purchase and lease of Tauhara Middle ; and Judge Rogan himself, on being spoken to on the subject, counselled our ignoring the question in so far as it affected Government transactions ; but the Chief Judge held that the minors appointed by the Court could not be safely ignored: and this obstacle to the completion of the purchase and lease of these blocks has continued to exist up till now. As far as regards the leased portion, the remedy appeared to be the appointment of a guardian who would set for the minors ; and the Native Minister, when at Taupo in the month of March last, advised the Natives to adopt this course ; but on our meeting them they failed to fix unanimously upon one or two persons as guardians. We accordingly obtained applications from the parties to the lease, praying the Government to appoint a guardian for the minors, and also, as an alternative remedy, an application to the Court, asking that the minors' interests be defined and excised from the block, in order that the remainder
11 G.-7.
Since the publication of the draft of the proposed Native Lands Act, 1877, whereby provision is about to be made for the removal of these "minors in succession difficulties," it would appear that it might be well to delay bringing this case before the Court now, so that a final remedy be provided under the new law, and this course will probably be adopted if no better solution of the difficulty be possible.
Oruanui Block: Purchase, 10,000 acres ; and lease, 20,000 acres.—Title, Crown grant, in favour of ten grantees. A successor had to be appointed to a deceased grantee, and we obtained a unanimous application in favour of one individual as this successor, who signed the deeds, together with one of the grantees (Wi Warena) who had hitherto refused to sign unless at an increased rate of rental to what all the others had agreed upon. Having obtained this form and signatures, and forwarded same to the Court, it was considered advisable to fix the date of commencement of the Government lease. As already reported the date of Oruanui lease was fixed by Captain Mair and self from the 10th July, 1875 ; and a sum of £50, representing one year's rent, was paid to the ten grantees for the year 1875-76. The deeds of Oruanui will be forwarded to Wellington as soon as the Court actually appoints the successor referred to, and when his signature is attested before a Resident Magistrate, or the Judge of the Court. I also arranged the reserve which the grantees stipulated for at Oruanui pa, and made a preliminary survey of same on the ground. Tauhara North: Purchase, 7,829 acres—Title, Crown grant, in favour of two individuals. After duly agreeing to this sale, and the deeds completed end forwarded to Wellington, an objection was raised by the grantees to the direction of the Northern boundary, and they refused to satisfy the questions asked by Major Roberts, who was acting for Colonel Haultain, the Native Lands Trust Commissioner. Since then the chief grantee (Hare Rewitite Kume) has expressed himself satisfied, and wishes to accompany me on to the ground to fix the direction of the line as laid down on the deed. The line of purchase was a due North one running from Hipaua to this Waikato River ; but was not surveyed on the ground, it not being considered necessary to incur the expense. I intend shortly accompanying both grantees on to the ground, so as to finally arrange this matter. Arrangements were then made by self and the District Officer with the Native owners for the survey of two extensive blocks at Mohaka under negotiation for purchase and proposed now to be taken before the Court at its first sitting at Taupo. Under approval of the Surveyor-General's Department, I employed Mr. Thomas Hallet as my assistant for these Mohaka surreys, he being a competent surveyor and also a resident runholder in the locality, and who would be able to take advantage of the weather when suitable for surveying in that bleak and rugged region. After traversing the Mohaka boundary of both blocks the winter set in, and operations had to be suspended until the spring. Sufficient data is now obtained, however, to enable me to compile sufficiently accurate maps for the investigation of title by the Court. The surveys of Tatua West Block and Te Hukui next occupied attention, and a general consent was obtained to the latter work as soon as the services of a surveyor could be given by the District Surveyor, Captain Turner, of Tauranga. The survey of Tatua is very anxiously looked for by the section who were decided by the Court in 1809 as the owners (Hitiri Paerata, Te Papanui, and party), and who, in 1874, leased the land to the Government. But there is also a considerable opposition to the survey from sections ignored by the Court and by us, the Government Land Purchase Agents. This opposition contents of a Hauhau section, who are supposed to uphold the King's policy of antileasing or selling land, and of a Queenito section, headed by old Poihipi Tukairangi, who professes to ignore the judgment of the Court, because no survey was permitted by the Natives within the twelve months allowed by the Court on issuing its interlocutory order. Claims have now been sent in to the Chief Judge, so that the interlocutory order of 1869 may be sustained, or else a fresh investigation take place. But before either of these courses can be taken the survey must be made. I intend meeting all the sections interested in the Tatua, with the District Officer, and hope to clear away the opposition which has so long existed to a settlement of the disputes regarding the ownership of this tract of country.
The sitting of the first Court in the Arawa country is now fixed to take place at Taupo, on the 20th August next ; and the business mentioned in the foregoing is all duly set down for hearing on that occasion.
After concluding these arrangements in the Taupo District, attention was directed to the incomplete negotiations at Moketu, in the Bay of Plenty. The survey of Te Puke Block was recommenced by Mr. Edgecumbe, of the Surveyor-General's Department, and completed without any very serious interruption, thanks to the amicable understanding established by the Hon. Dr. Pollen with the Ngatiwhakaue tribe at Tauranga in January last, and due also 'to the tact, energy, and discretion displayed by Captain Mair, the District Officer, who conducted throughout the whole of the delicate and troublesome negotiations connected with this important work. The surveys of the other Maketu Blocks will be proceeded with as soon as the surveyor can overtake the work ; and, having held a consultation recently in Auckland with the Chief Surveyor and the District Surveyor, it has been decided to adopt the original Native Land Court surveys for the Government transactions, and only to survey any new boundaries which may be required to define same. This will greatly simplify and leasen the work for the surveyor, and no delay need take place in bringing all the Maketu negotiations before the Native Land Court immediately after the Taupo sitting. At the same time it may be remarked that it would seem wise to delay the hearing of these cases until the proposed provisions for protecting the interest's of the Crown over lands under negotiation have been secured under the new Act, otherwise the action of private speculators may prove troublesome.
The following is a list of the blocks of land which have been prepared or are now under survey for the Native Lands Court, showing areas:—
LANDS, TAUPO DISTRICT.
Hilly Pastoral.
Acres.
1 and 2. Mohaka, 2 blocks, purchases, under survey 60,000
3. Taharua, purchases under survey 14,000
![]() |
4.263 275 |
▲back to top |
1877.
NEW ZEALAND.
PETITION OF REHA APERAHAMA AND 47 OTHERS.
Presented 8th August, 1877, and ordered to be printed.
Ki nga Mema Honore katoa o te Runanga Nui o te Paremata o te Koroni o Niu
Tireni e noho huihui ana. Tena ra koutou.
Ko TA MATOU PITIHANA TENA KO TA NGA TANGATA E MAU AKE NEI O MATOU INGOA 1 RARO 1 ENEI KORERO, HE TANGATA MATOU NIU TIRENI 1 TE TAKIWA KI HAURAKI 1 TE POROWINI 0 AKARANA.
E WHAKAATU ANA,—
HE whenua to matou ko te Aroha kei Hauraki koia o koutou kai pitihana ka inoi nei ki a koutou ki nga rangatira o te Runanga Nui o Niu Tireni kia ata whakaarohia e koutou a matou Take katoa kua tuhia nei ki tenei pukapuka e inoi nei ki a koutou—ara mo to matou whenua mo te Aroha.
Ko taua whenua ko te Aroha i a matou anake i o matou tupuna me to matou hapu me Ngatitumutumu me matou hoki me tetahi taanga o te iwi o Ngatimaru i whakaurua nei ki nga uri o Ngatitumutumu. A ka whai take nui matou o matou hapu e noho tuturu nei i runga i tenei whenua i te Aroha o mua iho a tae noa mai ki a matou ki o ratou uri e noho nei i runga i tenei whenua i te Aroha inaianei e mahi nei matou i nga mahi whai taketanga ki te whenua i runga i nga. ritenga Maori.
Kihai rawa etahi hapu iwi ranei e noho ana i Hauraki i whai paanga i whai take ranei ki tenei whenua ki te Aroha i runga i nga ritenga Maori whai taketanga ki te whenua.
Kihai ano hoki tetahi iwi hapu ranei o nga iwi katoa e noho ana i Hauraki o,etahi atu iwi ranei i mua iho, inaianei ranei, pana i whakahe ranei i te noho a o matou tupuna, a o matou hapu anei i mua iho a tae noa mai ranei ki a matou e noho tuturu nei i runga i to matou whenua i te Aroha.
Engari i te wa i tu ai te Kooti Whenua Maori ka timata te whakawa pokanoa a tetahi iwi noa atu ehara nei i nga iwi o Hauraki hei tango tahae mana ma Ngatihaua o te iwi o Waikato i to matou whenua i te Aroha hei utu pea mo o ratou whenua i Waikato i murua nei e te Kawanatanga i runga i te rau o tana patu ki nga iwi o Waikato. Otira i hinga ratou i te Kooti whakamutunga mo tenei whenua.
E whakaatu ana o koutou kai pitihana ki to koutou Runanga Nui o nga Rangatira whakatakoto ture mo nga iwi e rua e noho nei i roto i te Koroni o Nui Tireni, ara na James Mackay kai hoko whenua a te Kawanatanga nga hapu katoa o nga iwi o Hauraki i whakaeke ki runga i to matou whenua.
Ara, e whakaatu ana matou ko tana whakaeke inga iwi o Hauraki ki runga i to matou whenua ara i hoatu e ia he moni ki ia tangata ki ia tangata ki ia hapu ki ia hapu o nga iwi katoa o Hauraki.
Kia ata marama ano hoki koutou e noho nei i roto i to koutou Runanga Rangatira, ara ko aua moni i hoatu e taua kai hoko whenua a te Kawanatanga ki aua iwi i te taone tonu o Hoterene, ehara hoki i te mea i hoatu aua moni e taua kai hoko whenua ki aua iwi i runga tonu i tenei whenua i te Aroha.
E kore ano hoki e taea e ia, e taua kai hoko whenua, te ata kawe atu nga tinana o aua iwi ki runga tonu i to matou whenua noho ai, ara e kore ano hoki nua iwi ake o ratou tinana ake ranei e tae a tinana atu ki te Aroha ata whakaatu ai ki taua kai hoko whenua i o ratou wahi i reira hei utu mo nga moni i a ratou. Ta te mea e tino mohio tuturu ana aua iwi kaore ratou o ratou tupuna ranei i pa ki tera whenua ki te Aroha.
Engari e whakaatu ana matou ara i koa rawa aua iwi mo te hoatutanga noatanga a taua kai hoko whenua i nga moni ma ratou mo taua whenua mo te Aroha, kaore nei o ratou paanga ki taua whenua, a e koa ana ano hoki ratou mo te hoatutanga noatanga a taua kai hoko whenua a te Kawanatanga i nga nama waipiro, paraoa, pihikete, huka, tii, me era atu men a te pakeha ki a ratou a ko to matou whenua he utu.
![]() |
4.264 276 |
▲back to top |
2
10. E inoi ana matou ki to koutou Runanga o noho na i te Paremata o Nui Tireni kia whakahokia ano nga taonga, nga moni ranei i riro i aua iwi ma ratou ano e whakarite kia hoki atu ai ki a ratou te mutunga o to ratou koanga i te wa i tango ai o ratou ringaringa i aua moni i aua taonga ranei.
11. E tino whakamarama ana matou ki a koutou ko to matou whenua ko te Aroha be whenua nui noa atu, he whenua pai hoki, he maha noa atu hoki nga mano eka i runga i taua whenua, koia hoki te take i tukua noatia ai he moni e taua kai hoko whenua ki nga iwi katoa o Hauraki kaore nei o ratou paanga ki reira kia riro katoa ai taua whenua mo te Kawanatanga, kia riro mai ai i a ia te moni o runga i te 4 kapa mo to eka, hei utu mo tana mahi hoko whenua mo te Kawanatanga.
I whakina e taua kai hoko whenua ki nga iwi katoa o Hauraki, ara, ka whai take paanga nga iwi katoa o Hauraki ki te Aroha i runga i te ingoa o Marutuahu o to matou tupuna i whakataua nei e te Kooti te Karaati o te Aroha ki te ingoa o Marutuahu.
Ka whakamaramatia ki to koutou Runanga te kupu i runga nei, ara, e tino tika ana te karangatanga o te ingoa o to matou tupunao o Marutuahu ki to matou whenua kei a matou ano hoki te tino karangatanga o tena ingoa o Marutuahu kaore i era iwi ke atu hapu ranei o nga iwi e noho nei i Hauraki.
14. Ka whakina ki to koutou Runanga nga tamariki a Marutuahu ara:—Ko Tamatepo, koia a
Ngatirongou ; Ko Tamatera, koia a Ngatitamatera ; Ko Whanaunga, koia a Ngatiwhanaunga ; me te Ngako hoki. I riro i a ia te ingoa o to ratou matua o Marutuahu. Na te Ngako matou, te hunga o Ngatimaru i uru nei ki tenei whenua ki te Aroha.
15. E tino marama ana o koutou kai pitihana ki te whakataunga a te Kooti i to matou whenua
ki te ingoa o Marutuahu, ara, e marama tonu ana te Kooti, e kore nga iwi katoa o Marutuahu e whai
take kaha ki tenei whenua inahoki te kupu whakatau a te kooti, kua taia nei ki te Kahiti Motu-hake o Nui Tireni o te 4 o nga ra o Akuhata 1871 kei te wahi tuawha o te wha o nga rarangi o te kupu whakatau a te Kooti e mea nei,—
Otira he whakatete na Marutuahu katoa ki nga iwi katoa o Waikato, ko nga hapu ia e uekaha ana, ko Ngatihaua to Waikato, ko Ngatimaru ko Ngatitumutumu to Marutuahu, kihai te kooti i ki, ko Ngatitamatera ko Ngatihanaunga ko Ngatipaoa me era atu hapu o nga iwi o Hauraki, nga hapu i uekaha ki te whakatete ki a Ngatihaua mo tenei whenua mo te Aroha, i riro kau ai te moni a te Kawanatanga ki era iwi ke atu i runga i te kupu whakatau a te Kooti i tenei whenua ki te ingoa o to matou tupuna o Marutuahu.
Ka whakina atu e o koutou kai pitihana kia marama ai to koutou Runanga Rangatira e noho nei, ara he maha noa atu nga tunga o nga Kooti i tonoa e Ngatihaua hei whakawa i to ratou take ki tenei whenua, ko te Kooti tuatahi i tu ki Waikato, ko te Kooti tuarua i tu ki Matamata, Waikato.
Ko matou anake me o matou hapu kua tuhia nei ki tenei pukapuka te hunga i tae atu ki aua Kooti, ara ko matou ko nga uri o o matou tupuna ko te hunga e mohiotia nuitia ana e nga iwi katoa e noho nei i Hauraki no matou anake tenei whenua a te Aroha.
I tu hoki ki Kapanga Hauraki, te. Kooti tuatoru mo tenei whenua, otira, kihai i tino marama nga take korrero i whakina ki te Kooti i runga i te ahua raruraru i taua Kooti.
20 . Ko te Kooti whakamutunga mo tenei whenua i tu ki Akarana engari i tenei wa i hui katoa nga iwi o Hauraki ki te ata whaaki i nga take o o matou tupuna o te noho hoki a o matou hapu i runga i to matou whenua i te Aroha kia marama ai te Kooti ki te ata whiriwhiri i runga i te tango pokanoa a Waikato i to matou whenua.
Ehara hoki i te mea i tu nga iwi o Hauraki ki te Kooti whakapuaki ai i to ratou ake whaitaketanga ki te Aroha. Engari he whakatuturu ta ratou i te whaitaketanga o o matou tupuna o o matou hapu o matou ranei e noho nei i runga i to matou whenua.
E inoi tuarua ana matou i tenei kupu ki to koutou Runanga e noho huihui nei, kia whakaputaia ta koutou kupu ki te Whare ki te Kawanatanga ranei kia whakahokia atu te moni i tukua e ta kai hoko whenua ki nga iwi o Hauraki, kia whakataua ki runga ki nga whenua a nga iwi i ai i taua moni, kia riro ma ia iwi ma ia iwi i roto o Hauraki e utu taua moni i riro nei i a ratou.
Kaua tena moni e whakataua ki runga ki to matou whenua e to koutou Runanga i runga i te kupu a te Kawanatanga a ta ratou kai hoko whenua ranei.
24. E whakaatu ana matou, i tuhia ano he pukapuka e o koutou kai pitihana ki a Ta Tanara Makarini, Minita mo nga Maori, i te 3,o nga ra o Tihema 1876, hei whakaatu i tenei raru katoa kua whakina nei ki to koutou Runanga. I taia hoki te kape o taua reta ki te Thames Advertiser o Hanuere 13th, 1877, heoti kaore ano kia tae mai te kupu a te Kawanatanga hei whakaatu ki a matou mo
taua mea e tonoa nei e matou ki a koutou.
25. E whakaatu ana o koutou kai pitihana, ara, i tuku panui ano etahi o nga iwi o Hauraki i hoatu nei e te.kai\_hoko whenua a te Kawanatanga he moni ki a ratou mo to matou whenua, hei whakaatu i te pono o to ratou kore i whai take tuturu ake ki tera whenua ki te Aroha, mo to ratou iwi ake me era atu iwi hoki o Hauraki e pera ana me ratou, ehara nei i a Ngatitumutumu me tetahi taanga o te iwi Ngatimaru.
I taia ta ratou Panui ki te Thames Advertiser o te 16 o nga ra o Pepuere, 1877, a e whakaatu ana ta ratou panui na taua kai hoko whenua a te Kawanatanga ratou i tohe kia tango noa i te moni a te Kawanatanga a ko to matou whenua hei utu, kaore nei o ratou take ki reira.
Ka tino whakamaramatia ki to koutou Runanga Rangatira e noho nei he whenua no roto i te rohe te Aroha i ruritia e Meha Te Moananui mona ake, mo tona iwi hoki mo Ngatitamatera mo runga ano i taua moni i tukua kia ratou e taua kai hoko whenua a te Kawanatanga; heoti kua whakahokia mai taua whenua e te Kooti ki o koutou kai pitihana i runga i nga take korero katoa kua whakina i rota i nga Kooti katoa i tu mo tenei whenua mo te Aroha.
Ka marama pea koutou ki te titiro, ara, hare rawa he paanga o nga iwi katoa a Hauraki ki tenei whenua ki te Aroha, ara, kaore ano ratou i haere noa ki te ata ruri ki te ata tohutohu ranei i nga wahi i a ratou hei whakaritenga mo nga moni a te Kawanatanga i riro nei i a ratou. Ma tenei hoki pea koutou ka mohio ai, ara na taua kai hoko whenua na James Mackay ratou i whakakaha.
![]() |
4.265 277 |
▲back to top |
3 J.-3.
29. Ka inoi tonu matou ki a koutou inaianei a mua atu hoki kia whakaarohia paitia ta matou pitihaua e koutou inaianei i te wa e marama ana, tenei ake te po, te wahi e kore ai e tika te tangata te mahi. Na konei matou o koutou Kai Inoi ka tuku nei i tena Pitihana ki a koutou kia ata whiriwhiria paitia ta matou tono.
A ka inoi tonu o koutou kai pitihana ki te tohungia tatou katoa e te Atua.
Heoi ano, na matou katoa, na o koutou hoa,
Na
REHA APERAHAMA
Me te 47 tangata atu.
[TRANSLATION.]
To the Honorable Members of the House of Representatives of the Parliament
of the Colony of New Zealand, now assembled.
SALUTATIONS TO YOU!
THE PETITION OF THE UNDERSIGNED ABORIGINAL NATIVES OF NEW ZEALAND, OF THE DISTRICT
OF HAURAKI.
HUMBLY SHOWETH,--
THAT your petitioners are owners of land called Te Aroha, at Hauraki. Your petitioners pray that you, the members of the House of Representatives of New Zealand, will give careful consideration to the matters set forth in this petition, respecting their land, Te Aroha.
That land, Te Aroha, belongs to us alone, to our ancestors, to our hapu Ngatitumutumu, and to us, some of the members of the Ngatimaru tribe, who are included amongst the descendants of Ngatitumutumu ; and we and our hapus, who have permanently occupied this land, Te Aroha, from days long gone by up to the present day, have large interests in the land, and we are still exercising acts of ownership on the land according to Maori custom.
No other hapus or tribes living at Hauraki had any right or title whatever to this land, Te Aroha, according to Maori custom.
None of the other hapus or tribes living at Hauraki, or any other tribes, from time immemorial to the present, have driven off our ancestors or hapus, or have objected to their occupying from the beginning till now, and we are still living permanently upon our land, Te Aroha.
When the Native Land Court came into operation, an unauthorized [pokanoa] application was made to the Court by another tribe, not being of Hauraki, with the intent that they, the Ngatihaua of Waikato, might be able to rob us of our land, Te Aroha, possibly that they might treat it as compensation for the confiscated lands in Waikato. However, they were defeated in the last Court that sat in respect of this land.
Your petitioners would point out to you, the Legislators for the two races living in the Colony of New Zealand, that it was James Mackay, Government Land Purchase Officer, who placed all the tribes of Hauraki upon our land.
We mean that this placing of the tribes of Hauraki upon this land of ours by him has been effected by his paying money to different people of all the hapus of the tribes of Hauraki.
Be it remembered by your honorable House that the moneys paid by that Government Land Purchase Officer to those people were paid at the town of Shortland, and not paid by him upon this land, Te Aroha.
8 That Land Purchase Officer cannot take the bodies of these tribes upon our land to live there, and those persons are unable in the body to go to Te Aroha, and point out to that Land Purchase Officer their portions of the land for which they have received payment, because they know full well that neither they nor their ancestors had any right to that land, Te Aroha.
We assert that those tribes were rejoiced on account of the unnecessary payment to them by that Land Purchase Officer of the money for that land, Te Aroha, to which land they had no right ; and they are also rejoiced at the needless payment to them by that Government Land Purchase Officer of liquor, flour, biscuit, sugar, tea, and European commodities for our land.
We pray you to place the responsibility for these goods or moneys upon those persons, so that they may enjoy the results of their gratification, which they evinced when their hands took the money and. goods.
11. We would point out to you that our land, Te Aroha, is of very large extent; it is also land of good quality, and contains many thousands of acres; and for that reason the Land Purchase Officer heedlessly paid money to all the tribes of Hauraki, who had no title there, in order that the Government might get all the land, and that he might get his commission at 4d. per acre for lands purchased by him for the Government.
That Land Purchase Officer told the tribes at Hauraki that they all had an interest in Te Aroha through the name of Marutuahu, our ancestor, the Court having ordered the land to be granted through the name of Marutuahu.
We wish to explain this last statement. It was quite right that the name of our ancestor should be mentioned in connection with our land, but the right to use his name rests with us and not with any other hapu or tribe of Hauraki.
14. We will tell you the children of Marutuahu—Tainatipo, head of the Ngatirongou; Tamatera, head of the Ngatitamatera ; Whanaunga, head of the Ngatiwhanaunga; and also Te Ngako, to descended the name of their parent Marutuahu. We, the section of Ngatimaru, who are in this Te Aroha, are the descendants of Te Ngako.
15. Your petitioners are quite clear that the Court's decision was in favour of Marutuahu, and that the Court was quite clear that all his tribes would not have a strong title to this land. In part 4 of the 4th clause of the Judgment of the Court, published in the Kahiti Extraordinary of the 4th August, 1871, it says,—
![]() |
4.266 278 |
▲back to top |
J—3. 4
But all the Marutuahu disputed with the tribes of Waikato, those taking the most; active
-part-being the Ngatihaua of Waikato, and the Nga'itumutumu and Ngaimaru of Marutuahu. The Court did not say that the Ngatitamatera, Ngatiwhanaunga, Ngatipaoa and other hapus of the Hauraki tribes, took an active part as against, the Ngatihaua about thi s land, To Aroha, to warrant the money of the Government being paid to those other tribes when the Court awarded that land as in the name of our ancestor Marutuahu.
of our ancestor Marutuahu.
Your petitioners would point out to your honorable House that Ngati hana made a great many applications to the Court to sit to investigate their title to this land. The first Court was hold at Waikato, and the second at Matamata, Waikato.
We and our hapus mentioned herein were the only ones who went to those Courts—that is to say, we, the descendants of our ancestor, the persons known by all the tribes of Hauraki to be the sole owners of this land, Te Aroha.
The third Court for this land was held at Kapanga, Hauraki, but the statements made to the Court were not; clear owing to the confusion that existed.
The l ast Court for this land was held at Auckland, On this occasion all the Hauraki tribes assembled to state the claims of our ancestors and the occupation by our hapus of Te Aroha, so that the Court might be clear to consider the question of the taking of our land by Waikato.
The Hauraki tribes did. not appear in Court to assert their own rights to Te Aroha, but to substantiate the title of our ancestors, our hapus, or of ourselves, who are living upon our land.
Tour petitioners again pray you to cause action to betaken in the House, or by the Govern ment, that the money paid by their Land Purchase Officer to the tribes of Hauraki may be made a charge upon the land's of those who received it, so that each, tribe of Hauraki can pay the money they received.
Let not that money be made a charge upon our land i n consequence of the statements of the Government and their Laud Purchase Officer.
We point out that We addressed a letter to Sir Donald McLean, Minister for Native Affairs, on the 3rd December, 1876, showing forth to him all these difficulties which we have related to you. A copy of that letter was published in the Thames Advertiser of 13th January, 1877; but we have not received any word from the Government on the matter respecting which, we now petition you.
Tour petitioners state that certain of the tribes of Hauraki, to whom the Government Land Purchase Officer paid money for our land, have issued a notice stating that they really had no valid claim to Te Aroha, neither they nor the other tribes of Hauraki in the same category as themselves, and not belonging to the Ngatitumutumu or a portion of Ngatimaru.
Their notice was published in the Thames Advertiser of the 16th February, 1877, and they stats therein that it was that Land Purchase Officer of the Government who urged upon them to take, without cause, Government money for our land, to which they have no title.
We would make it clear to your honorable House that Meha te Moananui surveyed certain land within the boundary of Te Aroha for himself and his tribe, the Natitamatera on account of the money paid to them by that Land Purchase Officer of the Government; and the Court has returned that land to your petitioners in accordance with the evidence given before the various Courts which have been held in respect of Te Aroha.
28. It will probably be clear to you that all the tribes of Hauraki have no right whatever to To Aroha because they have not yet gone to survey or to point out the places they claim as in consideration of the Government money paid to them; and by this you wi l l probably be made aware that they have been backed up by that Laud Purchase Officer, Mr. Mackay.
29. We will ever pray to you both now and in the future to regard with favour your petitioners-while it is yet day, for the night cometh wherein no man can work.
We therefore send our petition to you for your favourable consideration.
And your petitioners will ever pray that God's blessing may rest upon us all—both you and us. Sufficient. Prom all of us.
Your friends,
REHA APERAHAMA.
A nd 47 Others.
10
By Authority: GEORGE DIDSBURY, Government Printer, Wellington.—1877.
Price 3d.]
![]() |
4.267 279 |
▲back to top |
SESS. II.-1879. NEW ZEALAND.
NATIVE DISTURBANCE AT OHINEMURI
(REPORTS BY MR. E. W. PUCKEY, NATIVE AGENT, THAMES, RELATIVE TO).
Presented to both Houses of the General Assembly by Command of His Excellency.
No. 1.
Mr. E. W. PUCKEY to the UNDER SECRETARY, Native Department.
SIR,- Native Office, Thames, 17th September, 1879.
I have the honor to make the following report on the late outrage at Ohinemuri, and the circumstances surrounding the same:—
In the beginning of March last certain members of the Ngatikoi hapu resident at Ohinemuri came to the Thames and offered the Pukehange Block for sale to the Government. The Land Purchase Officers declined to make any payment unless they were assured that the rest of the owners concurred in the proposed sale. The Natives referred to then went back, returning in a few days to the Thames, accompanied by one or two more, with a note from the rest of the Ngatikoi hapu agreeing to the proposed sale, though objecting to the price. Upon receiving an assurance that there would be no difficulty about the matter, a deposit was paid, all arrangements being at the same time made for surveying the land and passing it through the Native Lands Court in the usual manner. The price agreed to was 5s. per acre, the cost of the survey being borne by the Government. On the 2nd June Mr. Wilkinson accompanied me to Ohinemuri, where the question was again fully gone into and some other payments made. An application for the survey was in due course transmitted, bearing on it my recommendation, to Mr. P. Smith, the Chief Surveyor, who wrote, saying that, as most of the surrounding land had been surveyed, he thought it was hardly necessary to make a survey. It was thought, however, by the Land Purchase Officer that, as some surveys had been made of the lands immediately to the southward, there might be overlaps, and, consequently, disputes in reference thereto would arise, and that it would be fairer for all parties that a survey should be made in the ordinary way ; and he suggested that Mr. Bayldon be authorized to do the work. Ample time for any objection had been allowed, as it was only in August that he made a commencement ; and, while running the southern boundary, without any notice being given to himself or me that any objection existed as regarded the survey, his party was fired upon by certain members of the Ngatihako hapu, wounding one man named William Daldy McWilliams. I need hardly say that this is the first instance in which a resort to the use of fire-arms to protest against a survey has at any time been made in my district. About 11 p.m. on the 29th August I was awakened by Mr. McIlhone coming to my house with the report that Mr. Bayldon's party had been fired upon. The news thoroughly took me by surprise. I arranged with Mr. McIlhone to proceed with him at daylight in the morning. At about 3 a.m. on the 30th Mr. Bayldon, who had in the meantime returned by steamer from Ohinemuri, informed me of the facts of the case, which I duly reported to the Hon. the Native Minister at the opening of the telegraph office at 8 a.m., mentioning at the same time that I would arrange for a party of Hauraki chiefs to meet him on his arrival from Auckland that afternoon, and confer with him on the course to be taken. Telegrams were then sent to leading chiefs in various parts of the district, informing them of the outrage.
The Hon. the Native Minister, having arrived, was accompanied by Mr. Wilkinson, Taipari, and myself, as representing the Native and Land Purchase Departments, to Ohinemuri, which place was reached about 10.30 p.m. same evening, when I at once made arrangements for a meeting of Natives, to take place early next morning. At about 10 o'clock, the chiefs and people of Ohinemuri having assembled in the Paeroa Hall, the Hon. the Native Minister addressed them as follows [extract, Thames Advertiser, 1st September] :-
"Mr. Sheehan interviewed the Ohinemuri Natives in the Public Hall at 10 o'clock. 'He saluted them—people who belonged to the place polluted with blood. He came there on account of the bad act which had taken place. He did not call them together to hold a meeting, but to hear what he had to say. He had come to tell them about the survey of the block. He was very pouri on account of the thing. It was the first disturbance in Hauraki, and he hoped it would be the last. There were two things to discuss—the first was the survey, and the next the right of the Government to the land. He was prepared to take the people who had been shooting at the surveyors. He was going to their settlement to take them, if they were there. If they were gone he would do the next best thing—he
![]() |
4.268 280 |
▲back to top |
G.-6. 2
would take land, and hold it until the matter was settled. He was quite aware those present had nothing to do with the matter. He knew the persons. They had been troublesome for a long time, and he had been very patient with them, but now they had gone beyond the law he intended to see the matter through. He should take the road, the railway, and the wire through their land, and that was the satisfaction he intended to get from them. The only way they could show they had nothing to do with the matter was to assist him to get this satisfaction from the Natives who had thus committed themselves. He did not wish to talk much, but asked their assistance. When he returned from the settlement, where he was going, he would be very glad to talk with them. They should not think he was acting without right on his part.'" Tukukiuo and Tareranui, and, in fact, all of the old chiefs, were afraid, in the event of the Hon. Mr. Sheehan carrying out his determination of at once proceeding to Okahuhura, one of the settlements of the Ngatihako, to find out and arrest the perpetrators of the outrage, that armed resistance would be made, and that he would be fired upon, as the chance then offered would be too good for the Ngatihako to lose. After a short deliberation, the Hon. the Native Minister, acceding to a request made by them to him, requested me to proceed to Okahukura, accompanied by a number of the younger chiefs. I accordingly did so, despatching a special messenger to warn them of our approach. On our way up the Waihou River we laid down plans for our guidance against possible eventualities. When we reached the settlement, which we did at 1 p.m., 31st ult., we found Epiha, Pakara, and three other men, and five women. After the uhunga which seems to be usual in such cases, and most of the party which accomcompanied me had by slow degrees approached the question with which we had been charged—namely, that of demanding "that the persons who had shot young McWilliams should be handed over to be dealt with according to law "—I made a formal demand in the name of the law, not knowing at that time who were the perpetrators of the outrage. Epiha replied that he himself was the man, and that he would not come to the Court ; he was willing to be tried by the runanga of Hauraki, but not by the pakeha law. On my way back to Paeroa I learnt from a young Ngatihako (Paera Tuinga) who returned with us that the actual perpetrators of the act were Pakara and Epiha, the two men we had seen, and who replied to our party ; that the shooting party consisted of three, Pakara, Epiha, and Kahutauiwa, son of Kaama, a celebrated Maori doctor—these three proceeded from Okahukura towards the survey party, the latter remaining behind at the edge of the bush in which the line was being cut ; that Pakara fired the first shot, his gun being charged with small shot, the discharge taking effect on McWilliams's hand and breast ; immediately afterwards Epiha fired his gun, which was loaded with ball-cartridge, the ball passing through the young fellow's thigh. These statements having been made by the culprits themselves, and describing the wounds as they appear on their victim's person, are, I think, sufficient evidence of the truthfulness of the statement. We reached Paeroa at 5.15 p.m. immediately on my return I communicated with the Hon. Mr. Sheehan, who shortly afterwards had an interview with Mr. Inspector Thompson ; and it was then arranged that an attempt should be made that night to arrest the whole of the Natives we had seen at Okahukura; that the Ministerial party were to return in a steamer that night to the Thames ; that Mr.-Wilkinson and myself were to proceed part of the way down the Waihou River in the s.s. "Pearl," then lying alongside the Paeroa wharf, which was to follow the other steamer, in order to lead the Natives to think we had all left ; that we were to return to Paeroa at midnight, and should there be joined by Mr. Sub-Inspector Kenny and six of the Armed Constabulary force, and Mr. Inspector Thompson and the whole of the No. 3 Scottish Volunteers available. Our plans were, however, frustrated by a series of unforeseen eventualities. First, the s.s. "Pearl" was unable to leave the wharf, as the captain could not be found, and we therefore decided to remain where we were till midnight, and start with the force above-named. We secured the services of an efficient guide, and also of a pilot, without whose skill it would be useless to attempt to take a steamer amongst the snags of the Waihou River. Having completed our arrangements, we waited for the appointed hour, 12 midnight of Sunday, 31st ult. A short time prior to that hour it was discovered that the secret expedition was known all over the place, and that a young fellow named Witika, a Ngatihako, had left post-haste to give the alarm to the Ngatihako ; that our guide was nowhere to be found, and that our pilot refused to go with us on finding out the dangerous service on which we wished him to take us. It being now hopeless to surprise the Ngatihako, it was decided to start at 9 o'clock the following morning. At about that time, having received intelligence which bore every appearance of authenticity, I wrote a memorandum as follows:— "Memorandum.—Mr. Thompson: As it is impossible now to arrest Pakara te Paora and Epiha Taha in the manner suggested by the Hon. the Native Minister, the Natives having by some means or other become aware of the fact that steps are about to be taken, I think it would be unwise, and would assuredly result in disaster, were our armed force to proceed to the Waihou. It is more than likely that the Ngatihako are by this time strongly reinforced ; and, from what I know of their character, I am confident that any attempt at arrest would be resisted to the death. In fact, since the departure of the Hon. the Native Minister the position has entirely changed. There was a fair chance yesterday of effecting a surprise, but that is now impossible. Any plan to result in success now, should be well matured, and carried out by a sufficient body of trained men.—E. W. P., Native Agent.-1st September, 1879." Upon his receipt of the above, we had a consultation, when it was decided to abandon the enterprise and proceed to the Thames and see the Hon. Mr. Sheehan, or communicate with him by telegraph, expecting him to be at that time in Auckland. On our way down in the steamer I wrote the following memorandum, intending to have sent the same as soon as we arrived at Shortland :-"1st September, 1879.—Memorandum for Hon. John Sheehan.—Mr. Thompson will have informed you of the peculiar circumstances which led to the abandonment of the attempted arrest of Pakara and Epiha, last night and to-day. The Ngatihako, from what I hear, had a reinforcement concealed in the bush at the very time I and my party were demanding that the would-be murderers be given up to justice. It appears, also, that they had scouts stationed at places along the river-bank,
![]() |
4.269 281 |
▲back to top |
3 G.-6.
and that they carefully observed that none of the Ngatikoi were on board the steam-launch, otherwise they would have been shot. I would now beg respectfully to submit that you take into consideration the proposal made you yesterday by Tukukiuo and the Hauraki chiefs, that the first step in this painful business be taken by the assembled chiefs. I believe that step will result in these fellows being brought to justice, as the Natives feel very strongly at this disturbance of the peace of this district, and they are very anxious to assist us to the utmost in order to show their cordial feelings towards us think it would be wiser, as I am certain an attempt to arrest would result in bloodshed, and the loss of several lives, besides possible complications in which surrounding tribes might take part. By complying with the wish of the Hauraki people we shall enlist them on our side, and we shall have their sympathy in the event of our having to employ force to compel those who shelter those people to give them up.—E. W. PUCKEY, Native Agent, Thames." On our landing at Shortland we learned that the Hon. Mr. Sheehan was waiting to see us at Grahamstown, whither we proceeded with all despatch accordingly. The Hon. Mr. Sheehan immediately sent Wata Tipa to the Hoe-a-Tainui, Upper Piako, by a steam-launch, to fetch Wini Kerei and other chiefs to act in unison with the runanga of Hauraki, in accordance with the wishes of Tukukino, Reihana te Tutana, W. H. Taipari, and others, who desired to allow the surrender of the culprits and the inquiry as to the reasons of the shooting to be deputed to them. I must now leave the history of the case for a while, and show what action had been taken by the Ngatihako. Early on Saturday morning, the 30th of August, a messenger was sent to the Hoe-a-Tainui from Okahukura, informing them of what had taken place, and soliciting assistance. Wini Kerei told me they had been arguing the matter for two days and two nights prior to the arrival of Wata Tipa. His advice to his people was to let the matter alone; which I am glad to say they followed. On Sunday, 31st, Tiwai, a Hauhau orator, and Natanahira to Rumanui, accompanied the messenger to Okahukura, and on Monday wrote me a letter, copy of which, with translation, is annexed (Enclosure No. 1). The receipt of this letter on the night of Monday, the 1st September, supported me in the opinion I entertained that the Ngatihako had been reinforced, which turned out not to be the case. Referring to the last census returns will show the Ngatihako people to consist of twenty-three men and seventeen women. There are, however, many amongst the Hauraki tribes who are more or less connected with them, and whose sympathy they could readily command were hasty action taken by us to seek utu. But, to resume the thread of my narrative, Tipa returned to the Thames on the night of 2nd September, accompanied by Pineaha to Wharekowhai, Meta Ngapo his wife, Rota Tamatea, and Hunui. I hurried off to see them at 6 a.m. on the 3rd, and had a few minutes' conversation with Pineaha, who appeared very much down-east, believing he would undoubtedly be sent to gaol for the crimes which his people were guilty of. This impression had got so deep a hold of his mind that he could not readily get rid of it. At 9 a.m. I accompanied the Hon, Mr. Sheehan to Grahamstown, where we were followed by Tipa and Pineaha and party. An interview took place, at which the Hon. the Native Minister expressed the deep regret he felt at the peace of Hauraki having been thus rudely disturbed. We left for Ohinemuri that day at noon ; and, having sent a messenger to the Komata asking Tuki to come and see the Hon. the Native Minister, we awaited his arrival at Paeroa. Tukukino made appearance at 6.30 p.m., when the Hon. Mr. Sheehan had an interview with him, at which Pineaha was present, as well as Wata Tipa, Hata Paka, and others. He was informed by the Hon. the Native Minister that, as he had so much wished it, he was willing to place the matter in the hands of the runanga of Hauraki, which had now assembled (there being representative men of all the tribes at this time at Paeroa), but that, if the runanga found that Pakara and Epiha, were justified in a Maori point of view in shooting, he could not accept that as final. The duty of the runanga was to investigate two things—(1) The shooting, and who had done it ; (2) as to the survey, whether there was any encroachment on the Ngatihako land. He intrusted the matter to them, believing they would do what was right, and that they would insure the surrender of the culprits to the law. He had already told them what the consequence would be if that was not done. Should they surrender, however, he would take the finding of the runanga, and the peace which had so long continued in Hauraki, into consideration, and deal as leniently with the offenders as possible. Tukukino expressed himself very much pleased at the course which the Hon. the Native Minister had taken; and the interview terminated, the Hon. the Native Minister returning the same evening to the Thames. On the following morning, 4th September, a discharge of firearms was heard in the direction of Okahukura, which turned out to be consequent on the arrival of a party from Keripehi and Waitakaruru. At 10 a.m., the runanga, having assembled with the usual ceremony, proceeded to discuss the instructions given them by the Hon. Mr. Sheehan; and, in order to secure the presence of Ngatihako, Pineaha te Wharekowhai, his wife, Karatiana Kihau, Wata Tipa, Wini Kerei, and others, accompanied by Mr. G. Wilkinson, of the Native Land Purchase Department, were sent in steam launch to Okahukura, conveying to the Ngatihako the formal summons of the runanga. They promised to attend the meeting the following day, but would come armed and ready for any emergency. On the 5th, at 9 a.m., the runanga assembled at a place called Opakura, about one mile below Paeroa. A considerable party of Natives from Ohinemuri went some distance on the way to Okahukura to meet the Ngatihako, who at length, after a series of delays, came in sight about 11.45 a.m. As they had to cross the river, still further delay took place, but at last they came, headed by their old chief Pineaha, who is a very good stamp of the old Maori gentleman, and one whose word is as good any day as his bond. There were about seventeen men armed with double-barrelled guns. When the party came within about two hundred yards of where the runanga was sitting, they each discharged one barrel of their guns, some of which were loaded with ball, which could distinctly be heard whizzing high in the air. According to an understanding come to, the greater part of the day was spent weeping over what might affect the future peace of Hauraki: it was not till late in the it the runanga commenced to speak upon what had caused the meeting of the tribes. On the 6th, Te Raika Whakarougotai, lieutenant of the Hauraki Native Volunteer Corps, was chosen chairman of the runanga, which immediately proceeded with the taking of evidence. This was continued on the 8th, 9th, 10th, and 11th.
![]() |
4.270 282 |
▲back to top |
of seeking redress. They were the original owners of the country but were conquered by the Maru–
tuahu tribes, who reduced them to a state of slavery, allowing them only to occupy an insignificant
portion of the fine country which they at one time owned. Of their condition anterior to the
coming of the pakeha, I need say little. They were employed as were the ancient Gibeonites, who were spared by Joshua, and became hewers of wood and drawers of water, these occupations being diversified by
occasional employment in eel-catching and bird-snaring, and, doubtless, when they were unablefind
flash in other ways for the refection of their masters, frequently had to furnish their own in the plash
of what they were unable to supply or obtain. But time, which cures all ills, at length provided
a remedy. With the introduction of Christianity, cannibalism and other ills they were heirs to ceased,
and as time wore on they gradually ascended the social scale, and are now very nearly equal with their
masters.
At the sitting of the Native Laud Court at Ohinemuri in May, 1870, the Ngatikoe, another serf
tribe occupying a somewhat better condition than the former, were the claimants to a piece of land
called Owharoa. These claimants were anxious to have the Obinemuri Gold Field thrown open for
gold-mining purposes ; and, in order to test their right, they were not discouraged by the Government
of the day in the desire to bring their claims before the Native Land Court. The Ngatitamatera, the
dominant tribe in the Court were the counter-claimants, the principal men of whom, with few excep—
tions, objected to the gold field being opened. The Ngatihako, being opposed to the opening of the
district, sided with Ngatitamatera, and in open Court, through Pineaha and others of their chiefs,
divested themselves of their right, as a serf tribe, disclaiming to own any land without the permission
of the Ngatitamatera. This has, as much as the conquest and occupation of their lands by -Ngati
tamatera, reduced their holdings to a minimum, as whenever they set up a claim to land in the Court,
unless by spacial act of grace on the part of Ngatitamatera, they are awarded none. Discontent, after
repeated failures, has given place to a firm desire to prove their right and regain their lost prestige at
any cost, and, without in any way regarding the consequence, they have, I am led to believe as a last
resource to cause the discontinuance of encroachment on their rights, with a hope that their conquerors
might take sides with them and become themselves involved in the troubles bound to follow such
a step, fired on our survey party. I need hardly say that such a step on the part of the Natives was
entirely unlooked for by me.
In conclusion, I must beg to make a few remarks regarding Tukukino. He has been justly
regarded for many years past as the determined opponent of progress. I will not now refer to
the many obstacles he has thrown in our way as to the cession of the°Ohinemuri Block to the Govern
ment fur gold-mining purposes, the telegraph, the road, and the railway. All these are patent facts ;
but in justice to the luau I wish to put on record my opinion of him. 1 do not think there is a Maori
in the colony who, entertaiuing the ultra-conservative opinions which he holds, is more entitled to our respect than Tukukino : he is an honest, straightforward opponent, who says what he thinks, and does
what he says he will. The course which has been adopted by the Government in dealing with the
perpetrators of the Pulceltataga outrage, suggested as it was in the first instance by Tukukino, h- eonvinced him that the pakeha is not, after all, quite such a bad fellow as he thought. He km we could crush him at a blow, but are restrained by a moral force which until now lie has not recognized.
Tukukino has not been influenced in his action in this matter by fear of having the railway, road,
and telegraph forced through the Komata, as some misinformed people think : those are mutters which
he is prepared to cede upon the next visit of the Hon. Mr. Sheehan to this district. Ho is actuated by
the fear that the Ngatilialto Tribe will be annihilated or lose their lands, or that those innocent of the
crime committed by their relations may suffer whilst the guilty ones escape. Whatever the result of
the course being adopted may be, I think people should give Tukukillo the credit of doing what
, according to his lights, he considered was best for his people
.
I have, &c.,
The Under Secretary, Native Department, E. W. PecKer,
Wellington. Native Agent, Thames,
Enclosure 1 in No. 1.
[TRANSLATION.]
To Mr. Puckey. Te Awaiti, 1st September, 1879.
FRIENDS,—Greetings to you and Mr. Sheehan, the Native Minister, the embroidered receptacles in which are contained the covenant of faith and love. Great is my condolence for the innocent blood
which has been spilt on account of your doings upon the peace of Hauraki. Although it had been seen that there was a precipice—a tree which could not be climbed, or a sacred spot—still you persisted and, the result having been that one has been swallowed by a tanizoha, then you and we complain. The wrong-doing, however, is not Tawhiao's, inasmuch as it had been notified to the whole
Island that all these evil things must be discontinued, by reason of which the islands and languages sigh, moan, and cry aloud ; but the course to be followed is to show kindness to the land and to the
people, so that we may dwell in love, kindness, and the faith.
Friends, leave this to be dealt with in a quiet manner, in order that we may fall by the sword of
the tongue. Let that be the weapon to decide between us. If you agree, the meeting may take place
at Te Komata, or, if you are willing, at Te Hoe-a-Tauui. I think Te Komata preferable for the meeting. Friends, let the sword I have mentioned be the one employed—for that was a survey, not a sword. If, however, you do not agree to have it discussed, you will have taken up the sword, and the
rest
be a larger effusion of blood ; and it would then be more difficult for the law to decide, for the \_aers
will have been quick to do evil and slow to listen [to reason]. Let the matter be quietly talked over
. For we are all one in Christ Jesus, neither are our bodies [or lives] matter below our case. That
is all. TiwAI
![]() |
4.271 283 |
▲back to top |
•
4
On the 12th, two committees, chosen from all the hapus of the different tribes excepting Ngati–
hako, sat separately, going through the evidence, and gave judgment at 10 a.m, on the 12th (see Enclosure No. 2).
After judgment was given, the Ngatihako were first asked what they had to say for themselves.
They, through Timiaha Taiwhakaea and Hoera to Mimiha, said that they were willing to submit their
claims to the Native Land Court, as they knew they had a good title to the land, and, if necessary or
called upon, would appear before the Supreme Court. I was asked, as representing the Government,
what I had to say. I replied that, the matter having been handed to the runanga, I was content to
abide so far by what they decided.
Upon Ngatihako being called upon to speak to the judgment so far as it concerned them,
Pineaha said that he wanted three things handed to him, in order that his course might be clear, which
were the roads, surveys, and Courts. The prospect of an immediate surrender appeared at this moment
singularly bright, and every one thought the matter could be easily settled by a little diplomacy. It
was thought the roads were roads passing over Ngatihako land, and that the surveys and bearings
before the Court affected Ngatihako land ; but it turned out that Pineaha wanted the matter affecting
all roads, surveys, and hearings of land claims in Hauraki handed over to him. This the runanga of course could not grant, and it now appeared evident that Pineaha had asked for things which he knew
the runanga could not possibly grant, in order that he might say, " Well, then, I will not give my
young men up." The runanga became wearied from constantly replying to the arguments of Pineaha
and Tiwia, and the question was referred to Mr. Wilkinson and myself. Mr. Wilkinson then informed
the runanga that judgment was given that Pakara and Epiha should be surrendered to the law, that until that was done we could not entertain the question of roads, surveys, and Courts. About 4 p.m.
the runanga, after deliberation, formally handed back the matter to me, as representing the Govern–
ment.
I told the runanga that it was with great regret I found that Ngatihako would not yield up the
offenders to justice, but the law must be enforced at any cost. I cautioned all against interfering in
any war, lest they bring trouble on themselves. Pineaha, in a very dignified way, hurled back defiance
.His children, he said, were not little pigs, which one might tie up and carry away to be roasted. The Supreme Court was a deep pool of blood. That the only reason he asked for the roads, surveys, and
Courts was so that his way might be clear, as he was determined to bring trouble in the district, and
would shoot any one interfering with his rights; but he begged that I would not be hasty. The meet–
ing now broke up, and Tukukino, when I bade him good evening, said in a significant manner he would
come and see me on the morrow.
The Natives from Ilauraki having expressed a wish to return that evening, I sent them home in
the p.s. "Te .A.roha " ; but, at my request, Tipa, Wini Kerei, Rota, and some others remained, as I felt certain they could and would bring influence to bear on Pinealia, in order that he might reconsider his decision, as they, with Tukukino, were the only ones who could do so without compromising myself,
and the runanga, having given judgment, could not recede from the position they had taken up.At
4 p.m.on Sunday, 11th instant, \\Vara Tipa and Tukukino came to see me, and told me of the result
of their interview with Pineaha. (Epiha and Palcara had at this time returned to their settlement.) Tukukino asked Pincaha if this trouble about to ensue was one over which he expected all Hauraki
would be implicated. Pineaha answered, " No
." Tukukino, resuming, said, 'I want you clearly to understand that, though I am a Hauhau, since the Government handed this matter over to the runanga,
and have act ed with so much consideration for the pease of Hauraki, you need not look to me for any
assistance whatever ; I and my people will stand aloof, and let the pakelia have a clear road." A fter a
good deal of argument on both sides, Pinealia gave his consent for the offenders to be brought to
justice, agreeing that he and Tukukino, who is half a Ngatibako himself', should manage the matter
, suggesting that Tukukino and Tipa wait upon me at once, and ask for time to act.
They therefore came, as I hare already shown, and, having informed me that Tukukino and
Pineaha (meaning Epiha and Pakara) would go with me to the Supreme Court, and asked for one week in
which to settle the surrender, telling me also that Pineaha on account of the grief he felt had not
suggested the surrender to Epiha and Pakara, they, at the same time, asked me to show them
some consideration, and, upon my asking in what way, they said, "You heard what Mr. Sheehan
said about the Court ?" To which I replied in the affirmative. They then asked if, when they reached
the Supreme Court, the Hon. Mr. Sheehan would carry out his promise: this I guaranteed. Tukukino then left satisfied, upon my agreeing to take upon myself the responsibility of staying any warlike pro–
ceedings for one week from that time. I gave him, however, distinctly to understand that, if that
time the offenders were not forthcoming, instant action would take place, as I believed everything was ready.
Later in the evening, several members of the Ngatitamatera came in to see me, and, though not so sanguine
sanguine as Tukukino, were satisfied that Pineaba had. changed his position, and would co-operate with Tukukino in endeavouring to bring the offenders to justice
.On the following day I left for the Thames, and, when passing the place where the runanga was sitting, Pineaha came on board the steamer to see me, his face having lost the anxious look which it had
worn since the occurrence of the outrage. He said, "I have not come to ace you to beguile you, or
quieten your feelings. I came to say that Mr. Sheehan is a stranger to me, whereas I have known
Mackay and you a lopg while, and have worked with you in the past for the peace of Hauraki. Tell me now, can I rely on Mr. Sheehan's promise, that he will be recollect the peace of Hauraki,
and take the wrongs of my people into consideration when I am in the Supreme Court ?" I said, "Certainly he will." " Well, then," he said, " my word to you is this : Do not try to trap us ; we will
remain quietly in our place—we will not fly. Do not send a war-party to surround us by way of Piako;
but let me have time to talk, and come and see me again." I replied, " I have given Tukukino one week after that ; I will now go to the Thames, and return on Thursday, and will see you then."
That, in brief, is the present position of the case. I will, in conclusion, make a few remarks showing the position of Ngatihako, and what are the wrongs for which they have taken this foolish way
![]() |
4.272 284 |
▲back to top |
6
Memorandum for the Hon. the Native Minister.
The writer lives at Te Hoe-a-Tenni, Upper Piako, and his writing from Te Awaiti, three miles from Okahukura, is evidence to my mind that these people have been reinforced, as the half-caste woman yesterday informed me.—E.W.P.
Enclosure 2 in No. 1.
JUDGMENT.
MANI NAEE, of Kirikiri, opened the day's proceedings by reading the judgment, which is as follows:—The Ngatikoe's Action.—It has been proved that Timiha was wrong in connection with the ownership of the land.
He was wrong in not stating to Mr. Wilkinson that Tangiteuha and Kirituna were included in the block Ngatikoe proposed to sell to the Government. He stated that Pukehanga was all the land he was selling.
His keeping hidden (or misrepresenting) the boundary known as Owhakatina, and his stating that the kahikatea tree was the boundary, was wrong, many witnesses having stated during this inquiry that that boundary was Owhakatina.
At one time he stated that the boundary line of his ancestors ran in a zigzag direction, and at another time he said it ran in a straight line. That is false.
The land at the southern boundary of his block, and which he calls Native land, is not so, as that is the Papa Block.
The Government's Action.—The Government's action in advancing money on land not yet through the Court—viz., Pukehanga, Tangiteuha, and Kirituna (as no Crown grants had been ordered for those blocks)—was wrong.
The Ngatihako's Action—They have done wrong, as blood had been shed.
This Committee is clear that the survey in which the European was shot was the Ngatikoe's surrey. That is proved by Mr. Wilkinson, who states that nearly all the Ngatikoe Tribe took money on the land, which they gold under the name of Pukehanga. Mr. Wilkinson says those of Ngatikoe who were able to do so rave the boundaries of their land, and those who could not give the boundaries listened whilst others of their people did so for them, and none objected. The name they gave for their block was Pukehauga. Mr. Wilkinson gave the names of all who had taken advances on the block, and they turned out to be all Ngatikoe people; therefore the Committee are satisfied that Ngatikoe were the cause of tie survey, and that the survey was for the Pukehanga Block. The. Committee see that the survey was being made by Ngatikoe and the Government conjointly, consequent on the Government buying Native lands before they have passed the Court; and it was on account of this system of land purchase that the trouble has arisen, and through this that the Chief Surveyor authorizes his surveyors to make surveys of land on which the Government have advanced money. Had not the Government made advances on this land which is not through the Court, this trouble would not have arisen ; and had they not paid money to Timiha and the rest of the Ngatikoe, and authorized the survey, Timiha would nut have had any money to have a survey of the land made, nor would the Chief Surveyor have authorized his men to survey it. Therefore the Committee consider that both Ngatikoe and the Government are to blame, and they also consider that the Ngatikoe should give up two hundred acres of the Pukehanga Block for the European who was shot, as atonement for their wrong, in surveying the lands Tangiteuha and Kirituna (adjoining Pukehanga), which are owned by the Ngatihako. The Committee consider that, the shooting of the pakeha, was wrong according to the English law, or according to the law or word of Hauraki, which provides that no blood should be shed within the Hauraki District. But the Committee, on looking at the matter, consider that there was a reason for shooting the European, which was the surveying by the Ngatikoe and the Government of a portion of the Ngathako's land without their consent. Many survey parties had been turned off previously by Ngatihako without their discontinuing to survey ; but they at last got tired of turning them off, and although they used to take the surveyors' instruments they still persisted in surveying the land ; and the reason why they shot a person in this case was in order to stop the system of surveying. The Committee consider that the act would have been justifiable had the person who was shot been a Maori, but as it was a pakeha the Committee consider the act was wrong.
No. 2.
Mr. E. W. PUCKEY to the Hon. the NATIVE MINISTER.
Native Office, Thames, 20th September, 1879.
1 have the honor to supplement my former report, of the 17th instant, as follows :-
Upon receipt of the intelligence of the failure of Tukukino's mission, I proceeded at once to Paeroa and communicated with him. Having already imparted the same to you by telegraph, I need but to add that to-day I have had a most satisfactory meeting with the whole of the Ngatitamatera Tribe, when they resolved unanimously to let the pakeha, have a clear road, and not interfere with or or hamper them in any way in their efforts to capture Epiha and Mara.
Tukukino abandons the King party, but will continue a Hauhau ; and he and the whole of his people will remain quietly at their homes. They express themselves as haring no sympathy whatever with Ngatihako, who, lest the " Pai o Hauraki" be disturbed, should have yielded up the offenders to justice. I have, &c.,
E. W. PUCKEY,
The Hon. the Native Minister, Wellington. Native Agent, Thames,
![]() |
4.273 285 |
▲back to top |
7
No. 3.
Mr. E. W. PUCKEY to the UNDER SECRET LILY, Native Department.
SIR,— Native Office, Thames, 27th September, 1879.
I have the honor to report that on the 21st instant W. H. Taipari proceeded to Kerep finding there some twelve men who had returned to that place, from. Okahukura, the day previous. He learned then that two canoe-loads of potatoes had been sent up to Awaiti (which is the first consider. able affluent of the Piako that one passes on going up the Piako River, and is navigable for about fifteen miles, the head of the navigation being about three miles distant from Okahukura, on the Waihou). Taipari learned there, from a young half-caste, that there were two pas in course of construction—one at a bend of the Waihou below Okahukura, and one at Te Awaiti as already reported. This information was immediately telegraphed by myself and W. H. Taipari to the Hon. the Native Minister. Copy of my telegram as follows:—
" Grahamstown, 23rd September, 1879.—To Hon. J. Sheehan, Government Buildings.—Taipari went to Kerepehi yesterday, and brought back word that two pas were being built—one at Te Awaiti and one on west bank of the Waihou—and that Ngatihako will be assisted by some of the Heuhaus from Piako. Taipari leaves for Upper Piako to-morrow.—E. W. PUCKEY, Native Agent."
[This telegram was sent to the telegraph office, but was not sent through inadvertence of the person to whom it was intrusted ; of which fact I was not aware till yesterday morning.—E.W.P., 27th September, 1879.]
W. H. Taipari also found a letter from Mahoetahi, a near relative of Nikoriva Poutotura, to Tiwai, copy of which enclosure is attached (Enclosure No. 1).
The interview Taipari had with the Natives at Kerepehi was anything but satisfactory, as, while they were professing friendship for us, they were supplying Ngatihako with potatoes, a course which from their close relationship with them is only natural.
W. H. Taipari left again for the Upper Piako on Wednesday, the 24th instant, and Wata Tipa the same day went to Whakatiwai.
On the following morning I received a telegram from Tipa, informing me that Tiwai had sent a letter to Pokai's people, inviting their co-operation, and saying that he (Tipa) would see Pokai and caution him. I have not heard subsequently from Tipa in this matter.
W. H. Taipari returned on Thursday night from Te Hoe-a-Tanui, and reported having had a most satisfactory interview with Ngatipaoa. After mature reflection he now thinks that a good many of the people at Te Hoe-a-Tanui were not sincere in their professions of friendship, and might aid Ngatihako.
A rumour has been current here since Monday that Ngatihako intended to prevent steamers passing up the Waihou to Te Aroha, which has not been confirmed: indeed, I do not myself think that they will interfere in any way with the navigation of the river, or commit any act of violence, unless aggressive action be taken by us. I have, &c.,
E. W. PUCKEY.
The Under Secretary, Native Department, Wellington. Native Agent, Thames.
Enclosure 1 in No. 3.
Translation by M-r. E. W. Tuckey,
To TIWAT, Kerepiti, 1st day of Mauri, 1870.
GREETING Friend, I am going inland ; the younger people [lit., those children] will go thither. That is all of that. Friend, do not give up the course of action on which we are both agreed. Enough of that. Friend, be particular in having a canoe left at the landing-place—one canoe. of that. Friend, I have heard that on the Monday of next week the policemen will go to arrest the offenders (criminals). On Sunday we shall be there. We are going to see the place (kainga). Enough of that. Friend, see that all the people are together on Tuesday of this week, and of next week ; do not allow them to be scattered about in the scrub [lit., among the weeds]. That is all.
To Tiwai, Okahukura or Te Awaiti. HOROMONA MAHOETAHI.
7
By Authority: GEORGE DIDSURY, Government Printer, Wellington.-1879.
price 6d.]
![]() |
4.274 286 |
▲back to top |
G.—4. 4
A very much smaller quantity of land has been disposed of than during the previous year, but a great impetus was given a short time since to the gum trade by the rise in price of that article to an extent never before obtained. The prices realized for the gum enabled the Natives to procure all necessary provisions and clothing from the European traders during the winter and spring months, whilst their crops were unavailable.
A very small proportion of the land in Kaipara remains unadjudicated by the Native Land Court ; consequently there is little cause for dispute amongst the several hapus on that head.
The Ngatiwhatua and Uriohau people assembled at the settlement of their principal chief, Paul Tuhaere, at Orakei, in March last, to which delegates had been invited from both the northern and southern tribes. The short time elapsed since the conclusion of the said meeting has not allowed any result to present itself from the expression of opinions of the several chiefs thereat, and nothing whatever has occurred to cast the smallest doubt upon their loyalty and good faith remaining intact.
The instances of crime amongst the Natives during the past year have been but few, amounting in all to five. This fact alone shows well for their peaceable and friendly disposition.
The Uriohau residing at Otamatea and Pouto are the greatest cultivators—the Ngatiwhatua, living at or near Kaipara proper, seldom raising more than is necessary for their own consumption.
The Natives at the Wairoa portion of the district are chiefly of the Ngapuhi Tribe—Parawhau and Rarawa hapus—and are almost constantly at work for the Europeans engaged in the timber trade, at which they earn considerable sums of money.
The Native schools in the Kaipara District are, on the whole, fairly attended ; but many, obstructions are still experienced by the teachers from the innate indolence and apathy of the parents as regards education. The appointment of a Maori matron at the Tanoa School, Otamatea, has materially increased the attendance—from fifteen to twenty scholars having lately been added to the school roll —thus verifying the recommendation made by Captain Symonds (the then Resident Magistrate) on a former occasion.
In conclusion, I would beg to remark that much gratification is felt by the European residents in the district at the friendly relations existing between themselves and the Native population, and which (notwithstanding any minor disputes that may occur between the races) I believe will long continue, and become more firmly cemented as time passes over.
I have, &c.,
The Under-Secretary, Native Department, JAMES S. CLENDON,
Wellington.
Clerk, R.M. Court, Kaipara.
No. 6
Mr. G. T. WILKINSON, Native Agent, Thames, to the UNDER-SECRETARY, Native Department.
SIR,— Native Office, Thames, 29th May, 1880.
I have the honor to forward herewith a report on Native affairs in the Thames District for term ending 31st March last, by E. W. Puckey, Esq. I have, &c.,
GEORGE T. WILKINSON,
The Under-Secretary, Native Department, Wellington. Native Agent.
Enclosure in No. 6.
Mr. E. W. PUCKEY, late Native Agent, Thames, to the UNDER-SECRETARY, Native Department.
Thames, 29th May, 1880.
I have the honor, in compliance with your Circular No. 1, of the 16th March, 1880, to report as follows on Native affairs in the Thames District :-
Since the date of my last general report, the Pukehange outrage, of which you already possess the minutest details obtainable, took place. I regret to say that no favourable opportunity has yet occurred to arrest the perpetrators. The excitement consequent upon the act of shooting at a white man—the first, I believe, which has ever occurred at the Thames—has died out ; but the members of the Ngatihako hapu more immediately connected with Epiha and Pakara, who own to having shot
at young McWilliams, keep very much to themselves.
In young and December last a good deal of excitement was
caused by the survey of a portion of Mr. Alley's property at
Hikutaia, over which the Natives claim to have rights with
which they never parted. I believe this question is likely at last
to be settled.
In January last I had occasion to visit Coromandel in connection with the alteration of the telegraph line, as the Natives were troublesome and obstructive. It had been the intention to commence the new line from the Tiki, near Coromandel : as, however, a Native difficulty would in that case have to be faced at once, and the contractors were on the ground, I thought it would be better, as affording more time to deal with the question, to commence operations from the southern end of new line, where no difficulty existed. This was done, therefore, and the line successfully completed, the Natives owning the land over which the line passed gladly assisting at a fair rate of remuneration. I do not consider it necessary, in a general report, to go into the details of delicate negotiations.
A tragic occurrence took place about the same time (January) up the Piako River, at the late chief Tarapipipi's settlement. A man of the Ngatihako hapu, being jealous of his wife, killed her and then hung himself. I may add that the woman bad laid an information against him about two weeks previously ; but the Resident Magistrate was absent on official duties, and, as it was a Maori case, the Justices of the Peace could not deal with it. As it seemed highly probable that an amicable arrangement would be come to, and as the relations of both desired it, they were allowed to go to Piako, with the result before mentioned.
The chief Tukukino came to see the Hon. Mr. Bolleston at Paeroa with respect
![]() |
4.275 287 |
▲back to top |
5
G.—4.
opposition ; and I believe, as I have already informed the Government, that the road could be now made without a breach of the peace. I have reasons for making this statement which I do not feel called upon to make public.
The employment of the Natives upon the of the Thames and Waikato Railway between Totara and Kirikiri—the portion which, by arrangement, they were to form—has been a failure, the price agreed upon being, in their estimation, too low ; and I very much fear this will cause a difficulty, and the Government will have to pay a higher price per chain for such other land as they may require within the Thames District for the line.
Hotereni Taipari, the last of the old chiefs of Hauraki, died on the 20th March last. Since I took charge of Native affairs at the Thames in 1869, the following chiefs, all of the highest rank and prestige, have died: Te Taraia, Haora Tipa, Tamati te Otatu, Rapana Maungaroa, Te Moananui, and, last, Hotereui Taipari. All these men had great influence for good, and inculcated friendliness to the pakeha during the younger days of the colony. I regret to say the younger men who have succeeded them do not seem to hare the same influence for good; or, if they have, do not appear to exercise it.
The Natives in this district are, as a whole, very favourably disposed towards the Government at present in power. I think care should be taken lest they dispossess themselves of all their lands before it is too late. I may say this question perhaps may not assume so great importance at the Thames, as the most of the land they have sold has been purchased by the Government, and the best portions of the same so acquired have been reserved for them (the Natives). I think care should be taken also to reserve from the action of the Waste Lands Board suitable blocks of land for Native school purposes.
In giving effect to the policy of retrenchment, and more particularly in the case of Wata Tipa, I think the Government might have borne in mind the services rendered by his father, the late Haora Tipa The saving of a few pounds (£30) should surely be of less moment than the tangible assurance that his father's services were recognized and appreciated. The young man bore the loss of his salary very well to outward appearance : slightly adapting the words of Job, he said, " The Government has given, and the Government has taken away : blessed be the name of the Government." I do not think, however, he meant the word " blessed " in its proper sense.
I will add in conclusion that, being one of the unfortunates myself, my services having been dispensed with, I have found it very dry work writing this report, and I have acceded to your request only because I thought it would be narrow-minded to have done otherwise.
I have, &c.,
E. W. PUCKEY,
The Under-Secretary, Native Department, Wellington. Late Native Agent.
No. 7.
Mr. T. JACKSON, R.M., Papakura and Waiuku Districts, to the TINDER-SECRETARY, Native
Department.
SIR,- Razorback, 13th May, 1880.
In compliance with instructions contained in your circular of the 16th March, 1880, I have the honor to report upon the state of the Natives in the Resident Magistrates' Districts of Papakura and Waiuku.
Since my last annual report no change of importance has taken place in the above districts.
The number of Native Assessors has been reduced by the death of Nini Potaua Kukutai, and the removal of Hori Tauroa.
Nini Potaua Kukutai died at Taupiri, Lower Waikato, on the 10th of December, 1879. He was a chief of the Ngatitipas, and a Native of some note. He was descended through the female line, but the fact of his being the elder man, and an Assessor, gave him the status in the tribe which he held. It was through his interference a short time since that the trig. station in his locality was not permitted to be erected. Hori Kukutai, his nephew, will probably represent the tribe, hut, from his mind being affected, he will not have the influence he otherwise would.
Hori Tauroa, a chief of the Ngatiteatas was removed from his office on the 1st of November, 1979 , leaving two Assessors in this district—Hori Kingi te Whetuki, of Maraetai, and Henare Kaihau, of Waiuku. The salary of the former has been reduced from £40 to £30 per annum.
The Native policemen have been reduced by the resignation of Rapata Tamihana, on the 30th of December, 1879, and the removal of Ihimera Ware, stationed at Waikato Heads, and Hemi Mann, stationed at Waiuku, on the 31st March, 1880—leaving one Native policeman in the district, stationed at Mercer.
The Natives during the past year have, upon the whole, been well-behaved, and no serious crime has been committed by any of the permanent residents. Two Natives have been convicted of larceny, both belonging to the Ngatumahutas—namely, Te Ropiha, who, on the 19th of June, 1875, stole, in this district, two horses, a saddle and bridle. He was arrested by the constable stationed at Mercer some days after the theft, and, on the same day, rescued by Natives who were present when the constable arrested him. He escaped to the King country. In November, 1879, coming into the
Township of Alexandra with other Natives, the constable stationed there recognized and arrested him on the above charge. He was brought to Papakura, and committed to take his trial, found guilty, and sentenced to two years' imprisonment. Te Ropiha was convicted of larceny in 1870, and, on that
occasion, escaped out of the lock-up at Papakura by tearing up the floor of the cell in which he was confined. This Native holds some important office under Tawhiao. The other Native convicted of larceny was Manga te Teko, charged with stealing from Natives engaged in gum-digging : he was
sentenced to one month's imprisonment.
![]() |
4.276 288 |
▲back to top |
ness amongst them has, as a matter of course, caused a decrease in crime ; so much so, that during the past year only two convictions in criminal cases have been recorded at the Resident Magistrate's Court at the Thames. .
Disposition towards Europeans.—The disposition of the Hauraki Natives towards Europeans is, so far as the loyal Ngatimaru and Ngatipaoa are concerned, all that could be desired ; and the same can be said of Ngatiwhananuga at Coromandel, and a portion of the Ngatitamatera, who reside at Ohinemuri and Cabbage Bay, they having done nothing to forfeit the good name that they have now borne for a number of years. But the same cannot be said of the Ngatihako Tribe, who reside principally on the banks of the Waihou and Piako Rivers. These people, in olden times, were the owners of nearly all the land in the Ohinemuri District ; but, unfortunately, their rank and possessions did not give them immunity from the attacks of their enemies, and they have, therefore, through successive defeats (long before the advent of Europeans), had to succumb to the stronger arms and overwhelming numbers of their adversaries. But although defeated, they were not entirely dispossessed of their territory; and this fact, coupled with their having intermarried with their conquerors, causes them at the present time to take up a social position that they are not entitled to assume, and which is continually being resented by the Ngatitamatera Tribe, who are the present owners of the land originally owned by Ngatihako. Their claims to land are, with few exceptions, successfully opposed in Native Land Courts by Ngatitamatera, and this has caused them to assume a morose and apparently unfriendly attitude to everybody, and especially to the Pakeha. I do not mean that it is to he inferred these people are in the habit of molesting Europeans on any pretence whatever ; but their having to take up a subservient position amongst other tribes in this district—they who were formerly lords and masters of the whole country—is particularly galling to them, and has caused them to eschew not only the Pakeha, but also those Natives who, through having plenty of land to dispose of, are on good terms With their European neighbours ; and, as might be expected of a dissatisfied people, they have fully adopted all the laws and doctrines (religious or otherwise) of king Tawhiao, especially as regards opposition to roads, telegraphs, surveys, and leasing or selling of land, and even to the removing of the snags in the Waihou River, near their settlement, which are at present an obstacle to navigation. They seem to have chosen for themselves a policy of sullen opposition to anything that would further the advancement of the district from a European point of view, and are ready at any time to resent by force, if necessary, any encroachment (whether by Natives or Europeans) upon their self-adopted laws and regulations—instance the showing at and wounding one of the party engaged in surveying the Pukehange Block, in August, 1879, merely on the pretext that false boundaries had been given by the Natives who sold the Pukehange Block to the Government, and, therefore, a portion of their land adjoining was being wrongfully included in the survey—a mere question of dispute which could easily have been settled when the case was brought before the Native Land Court. They have, also, since ordered off with threats Europeans who were sent to remove snags from out of the Waihou River. Notwithstanding these bad traits in their character, which, I consider, it behoves me to mention in a report of this kind, they are, if left entirely alone, an unoffending people, and, on account of the rigidity with which they carry out their kingite arid semi-religious principles, are seldom found offending against our laws, however trivial may be the offence : and 1 must say that, during the few days when they were much exercised in mind through one of their relatives being foully murdered at Te Aroha, in February last, their principal chiefs—notably Pineaha to Wharekowhai, and Hoera to Mimiha, of Ngatikoi—behaved remarkably well all through the trying time, and were the first to accede to my request to leave the matter for the law to decide, and it was mainly through their influence and exertions that some of the more turbulent spirits were restrained from taking immediate revenge upon one or two Europeans who were suspected by them of being guilty of the. outrage. Action of this sort, which shows that, by allowing the matter to be decided by our laws, they have no wish to pick a quarrel with us, is, I think, deserving of praise, and should go a great way towards softening any hard feelings that we may have harboured against them on account of their persistent opposition to our progressive and go-a-head policy, whenever the same has been brought into contact with themselves, or sought to be carried out on land over which they have control.
I will now briefly mention some of the principal events that have occurred in this district during the last twelve months, and which are likely to influence the Native mind in a greater or less degree.
The first event worthy of note was the sitting of the Native Land Court at Paeroa, Ohinemuri, in June and July last, during which sitting the Native title to the Ohinemuri Gold Field Block was decided. This hearing alone occupied some five weeks, and representatives from nearly all the tribes within the Hauraki District, from Cape Colville on the north to Te Aroha on the south, were present. The weather during this time, was very bleak and cold, and two Natives died before the Court was over, the cause of their death not being, as represented by the Press, through want brought on by the Government refusing to grant supplies of food to the Natives attending Court, but through sickness brought about by the inclemency of the weather, and which they, both being old people, were not able to withstand. It was well known before the Court sat that a large portion of the freehold of the Ohinemuri Gold Fields Block of 100,000 acres had already been purchased by the Crown, but as such purchase (perfectly legal because of its being on behalf of the Crown) was completed before the Native ownership to the block was decided, the Natives showed their cuteness, if not to say dishonesty, in using their utmost endeavours to prove to the Court that those who had previously sold to the Crown had little or no claim to the block; in fact, ignoring altogether some who were known to be large owners. Fortunately, however, their action was exposed and defeated ; so, having failed to embarrass the Government so much had hoped in that way, they retaliated by crowding, whenever opportunity offered, the Crown rants of the different blocks with the names of theirchildren, allowing themselves to stand on one side, the result being that there are now about sixty shares in the block held by minors, who cannot sell or dispose of the same in any way wa whatever; without first going through a great deal of legal form and ceremony, which, if carried, out in its entirety, makes the purchase of a minor's share in land almost prohibitive. The Court sat for about two months; and although disputes waxed hot, both within Court and out, the services of the police were rarely
![]() |
4.277 289 |
▲back to top |
required, and nothing occurred to create any lasting ill-feeling between the Natives and Europeans, each party seeming to be satisfied, after the Court had broken up, that they had brought their case to a successful issue.
During the time the Court was sitting a fatal accident happened to a Native of some rank named Hohepa to Rauhihi, who was thrown from his horse, and received injuries to his spine that proved fatal in a few days. Hohepa belonged to the Kiriwera section of Ngatitamatera, and was (with Tukukino) a staunch opponent to all roads, railways, and such-like through Native districts. Had his
. influence during the last few years been exerted in favour of, instead of opposing, road-making, he would in all probability be alive at the present time, it being well known ,that it was to the notoriously bad state of the road (or track), at the place where the accident happened, that the mishap was attributable. Hohepa's people—like most Natives of their class, in proportion as they are opponents to our advancement in their midst, so do they also decline to accept favours at our bands—refused all offers of medical assistance, preferring to let the sufferer take his chance, at best a poor one, with their rough Maori usage, which, as is well known, is seldom successful, that if once in a while (by accident or otherwise) a cure is effected, it bears more the semblance of a miracle than the result of treatment; and the Natives, in the simplicity (and duplicity) of their hearts, extol it as such.
The next event of importance occurred in October last, and was connected with a subject about which the Maori mind is often much agitated, and the firm belief in which it is very hard—I was going to say, impossible—to shake. I refer to makutu, or witchcraft. Some four years ago an elderly Native named Te Pukeroa was accused of causing the death of the great Ngatitamatera chief Te Moananui ; in fact the man (who is really a harmless monomaniac,) confessed that he had exercised the black art, the result of which confession was a threat by Te Moananui's people to take his life ; and, to show that their rage was genuine, several of them surrounded his house one morning at daylight, and poured a volley into it. I do not think, however, they really meant murder, as they took the precaution the day before to send word to the Thames about their proposed expedition, so that the opportunity was taken to have the old man removed from his house. to a place of safety. But, although saved for the time being, his life was still thought to be in danger ; therefore the Government had him removed for a time to the Chatham Islands, where he had relations. He, however, after remaining there some time, returned to New Zealand, and, after residing for a short time at Otaki, again turned up at the Thames. His return was the signal for another outburst of injured feelings on the part of the Ngatitamatera, and they again threatened to take his life ; but the old man in the mean time had found friends amongst his own people, the Ngatimaru, and also the Ngatipaoa ; who, now recognising clearly that the man was partly an imbecile, and therefore not responsible for all his actions, considered that his banishment to Chatham Islands was atonement enough for his crime, and therefore let it be pretty generally known that any attempt upon his life would be resented by them. This, at first, looked like causing trouble, but in reality it produced the beat possible results ; for now that each saw that the other was determined, they did what many others have done before them—thought it best, now that a difficulty was pending, to consider how to get out of it. The result of which was they forgave the old man (but cautioned him not to do the like again), averted the threatened tribal quarrel, and, metaphorically speaking, a general hand-shaking took place—not on the quiet, or in secret, but in grand style, according to most approved Maori custom. The meeting was held at Ohinemuri, and the Natives from the Thames (with whom was the wizard) were conveyed thither in two war canoes, one steamer, and numerous boats, all the men being armed ; the whole, when they landed and joined with the Ohinemuri people in their war dances, &c., making quite an imposing spectacle. The speeches that were made were very few, being merely expressive of forgiveness on the part of the late Te Moauanui's relatives and of peace-making on the part of the others ; an exchange of muskets took place to show that the wrong inflicted was forgiven, and the peace made a genuine one; after which the meeting ended and the Natives returned to their different homes apparently satisfied that, if a long and bloody war had not been brought to an end by their action, at least a threatened catastrophe had been averted.
The next occurrence of note was the satisfactory settlement, by the Hon. Mr. Whitaker, of a long-standing dispute that existed between Mr. Henry Alley (and, previous to him, Mr. McCaskill) and a section of the Ngatipu Natives living at Hikutaia, regarding the ownership of a portion of Mr. Alley's farm—known as Kakaramea—which the Natives strongly asserted was wrongfully included in a Crown grant for land issued to Mr. McCaskill many years ago. This dispute which had, on more than one occasion, nearly resulted in blood-shed, was amicably settled by the Hon. Mr. Whitaker on the 8th October last, after having had one meeting with the Natives at Hikutaia and another at the Thames ; the Natives agreeing to accept two blocks of Government land at Hikutaia, of 250 acres and 100 acres respectively, and in return to vacate the disputed Kakaramea Block, where they were then residing, and resign all claim to the same in favour of Mr. Alley. The settlement of this dispute was looked upon with favour by many Natives in the district other than those concerned, as it had been in existence for so many years, and, although repeated trials had been made to settle it, they bad always been unsuccessful— so much so, that the Natives had begun to look upon this dispute, and that with Tukukino about the road at Komata, as a sort of continual running sore that could not be healed.
Following quickly after this event was the discovery of gold at Te Aroha, and upon land that was under promise by the Government to be given to certain Natives for reserves. This necessitated getting their consent before the land could be thrown open for gold-mining ; whereupon the Natives, seeing what they thought was their opportunity (and being wrongly advised by some Europeans), did not hesitate to take advantage of it, and modestly demanded that the Government should first pay them a bonus of £1,000, after which they would agree to their promised reserves being thrown open for gold-mining. This extortionate demand was, of course, out of the question, (especially when it is considered that the Natives were to get for themselves all the miners' rights fees, timber licenses, &c., as well as town rents,) and it was found necessary to discover a way by which to get over the difficulty. This was done by enlisting on the Government side several Natives—including W. H. Taipari, Makena Hou, and others—who, through owning lands within the Thames Gold Field, had already tasted the sweets of being able to receive Native revenue from the same in the shape of miners' rights fees, &c., at regular intervals. These people were negotiated with, and after the matter had been explained to them, they readily signed the agreement to open the field in so far as their blocks
2—G. 8.
9
![]() |
4.278 290 |
▲back to top |
G.-8. 10
were concerned. The result of this negotiation was a decided split in the opposition camp, who now reduced their demand for a bonus to £500. This also was denied them, and as it was now apparent that the bold but necessary stroke of opening the field, whether some of the Natives were willing or not, could be carried out without any real danger, it was decided to do so ; and, acting under instructions from the Hon. Mr. Whitaker, arrangements were made for the opening, which took place by Proclamation, read by Mr. Warden Kenrick from the prospectors' claim, on the 25th November last, much to the surprise and chagrin of some of the dissenting Natives ; who, seeing that this was the first time, for a number of years, that any policy (however necessary for the public good) at which they chose to express disapproval, should be forced upon them, seemed quite taken aback, and unable at first to realize the position. When, however, they found that the opening was accomplished, and their opposition fruitless, they accepted the position, and the following day most of them came in and signed the agreement ; and, in a great many cases, at once took out miners' rights, and went to work pegging out claims with as much zeal as their European brethren. With regard to this Te Aroha Gold Field I am sorry to say that, up to the present time, although a great deal of work has been done by diggers, it has not yet realized the expectations that were entertained of it.
The next notable event that occurred took place at Te Aroha on the 10th February last, and was the foul and brutal murder of a young Native named Himiona Haira., belonging partly to the Ngatikoi and partly to the Ngatihako Tribes, murder was committed on the night of the day succeeding the races at Te Aroha, at the distance of than a quarcer of a. mile from the township, and close by the side . of the main road leading to Paeroa. Suspicion pointed to a Russian Finn, named Prokoffi, who was last seen in the deceased's company only a short time before the murder was committed, anwho accompanied him along the road in the vicinity of the place where the body was afterwards Mind. What was supposed by the doctors to be blood, was also found upon the clothes and knife belonging to the Russian, notwithstanding the fact that be had taken the precaution to wash his clothes directly after arriving at his hut, at 12 o'clock at night. Accused was first tried at the Thames, and committed to the Supreme Court at Auckland, where he was acquitted by a jury.
This crime caused great excitement amongst the Maoris, some of whom were engaged in mining operations at Te Aroha. They deserted their claims and massed themselves together, partly through fear, but principally for the purpose of mourning over the calamity. I visited the ground at once, on receipt of the intelligence of the murder, and found the Natives very unsettled on account of the brutal and ferocious character of the murder ; the murdered man's head having been first beaten in with a stone, and the throat afterwards cut from ear to ear. Notwithstanding, however, the greatness of their pouri, or sadness, I was pleased to find that they were likely to be amenable to reason, and after
condolin with them, I impressed upon them the advisability of leaving the matter for the law to decide. condoling a man had already been arrested on suspicion of the crime, and as an inquest was at that time being held on the body, I had strong arguments in my favour to show that we were anxious to deal with this matter in the same way as if the victim had been one of our own people, and to impress upon them that this was the most advisable course for them to pursue, assuring them that everything that was possible would be done to discover the murderer and bring him to justice. This, through the influence of their chiefs Pineha te Wharekowhai and Hoera te Mimiha (already referred to), they agreed to do, and also undertook not to do anything in the meantime that might be looked upon as retaliation for the crime committed: After the inquest they took possession of the body, and conveyed it by boat to the Ngatihako settlement at Okahukura, where, after the usual tangi, it was buried. Having given the matter over to the law to decide, the fact of the acquittal of the accused Prokoffi is not likely to exercise any bad influence upon them, or to cause much anxiety for future consequences, in so far as their seeking revenge is concerned. But I cannot help thinking that should it not be found possible to bring to justice the person who committed this crime, the Natives, and more especially the Ngatihako and Ngatikoi, should any similar injury be inflicted upon them—whether deliberately, as in the present case, or accidentally, as might occur at any street or publichouse row—will no longer consider the advisability (especially should blood be accidentally shed) of referring the matter for a Law Court to decide ; but are likely, in the beat of passion and with the remembrance of Himiona's death still in their minds, to take revenge, (and that on the spot,) in order to redress what they may consider their wrongs.
The last, though not the least important event that has taken place in this district during the past twelve months, was the visit of the Hon. Mr. Rolleston, Native Minister, to the chief Tukukino, at Te Komata, relative to getting his consent to the making of the roan from Hikutaia—where the county road at present ends—to Ohinemuri, passing over the Komata Block. This subject has been so often written about that I need not go into it here, more than to say that at last Tukukino was plainly told that his opposition to what was now an actual necessity must come to an end. It was thought by some that the old man, seeing that he had had an uninterrupted innings of ten years, would now gracefully retire in favour of a new policy, but those who knew him more intimately were not so sanguine, and their idea proved to be the correct one, for, although he was personally waited upon at his own settlement by a Minister of the Crown, he still refused to give hie consent to the road being made, asking (as he has often done before), when he has been fairly beaten in argument and cornered for a reply, bat he be allowed time to consult his master, king Tawhiao, on the matter. The difference, however, between the ending of this particular meeting and that of previous ones held for the same object, was that Tukukino was plainly told by the. Hon. Native Minister that he would give him one week to consider the matter, but that the road would have to be made whether he agreed to it or not ; and, as no reply was received from him during that time, the survey of the road was accordingly commenced by Mr. Kenny, acting under instructions from Mr. Percy Smith, Chief Surveyor, and has been finished without any opposition ; the levels of the same are now being taken preparatory to the commencement of the work of formation. At present Tukulino has shown no sign, though by that it must not be understood that he acquiesces in what is going on. It will shortly be seen whether he intends to bring any, and what, opposition to bear against what is about to be done. It is useless to speculate here as to what this opposition (if any) will be. Suffice it to say that I have every reason to believe that the arrangements that are being made in connection with this matter will be found capable of carrying it out to a successful issue, whatever may be the opposition offered.
![]() |
4.279 291 |
▲back to top |
11 G.—8.
In concluding this report, I must apologize for its great length, but consider that the importance of the events that have occurred in this district during the past year warrant my reporting as fully as I have done upon them. I have, &c.,
GEORGE T. WILKINSON,
The Under-Secretary, Native Department, Wellington. Native Agent.
No. 9.
Mr. H. W. BRABANT, R.M., Tauranga, to the UNDER-SECRETARY, Native Department. SIR,— Native Office, Tauranga, 31st May, 1881.
I have the honor to submit, for the information of the Hon. the Native Minister, the following annual report on Native affairs in the districts under my charge.
Tauranga District.
It becomes yearly more difficult to write a report on the condition of the Natives, because, as I stated in my last, there is so little difference in their condition and habits from year to year. The census just taken shows that its population is not materially decreasing ; the Natives have not shown any mortality above the average during the past year The only death worthy of note is that of Hori Tupaea, the principal chief of the Ngaiterangi, at a good old age. The festivities indulged in by Natives on the occasion of the death of a chief of his note were continued for some months, and are even now commenced anew when any strangers visit the district.
In this district, during the past year, the Native crops have been below the average both in quantity and quality ; the tribes of the western end of the district have from time to time employed themselves in digging gum, while those at the eastern end have earned some money from the County Council in forming portions of the Tauranga and Te Puke Road, on which they are still working. The arranging for this road to go through the various blocks has been a work of much difficulty, and has taken up much of my time, the Natives, contrary to their former practice, having been strongly opposed to its being made unless they were paid for the land taken for the road. They were first, I believe, induced to make this demand from the circumstance of the Government having thought it expedient to pay other tribes for the opening of the Cambridge and Rotorua Road ; the Tauranga Natives, who had hitherto given land for main lines of road through their lands, arguing that if Government paid one road they should pay for the other. After a great deal of negotiation, an arrangement was made by the Hon. the Native Minister with the Natives that the road should be allowed to go through, provided the work was given to the Native owners at the County Engineer's estimate, and that cultivations really damaged by the road should be fenced.
In this, as in other districts, the Natives show an increased desire to dispose of their surplus lands. When at the commencement of the year the Government ordered that, in addition to my other duties, I should undertake those of Commissioner of Tauranga Lands, I was besieged with applications to investigate the title of nearly the whole of the 70,000 acres now left of the land returned by the Government to the Ngaiterangi Tribe. They are disposed to sell, I believe, nearly all the land which the Commissioner may certify is not requisite for their own support, if Government should think fit to allow them to do so.
I have held up to date about forty sittings of the Commissioner's Court, and the certificates showing the results of these negotiations will shortly be forwarded to your office.
In the Police Court, Tauranga, the number of charges against aboriginal Natives during the past year has been fifteen, of which ten resulted in convictions ; two of the latter were for assaults,two for larceny, and the rest for drunkenness and minor offences ; the return showing a considerable decrease from the previous year. Iu the Resident Magistrate's Court seventeen cases were tried between Natives and Europeans, but none in which both plaintiff and defendant were Natives. I find that their disputes are generally now settled by their Committee, or referred to the Native Assessor ; they allege that the fees of the Court are too heavy for them to avail themselves of it in petty disputes.
There are now nine boys in the boar-ding establishment for the eons of chiefs ; these boys attend the European district school, and have made good progress. The teacher informs me that one (Raureti Tanira) will shortly be fit to go up for the Junior Civil Service examination. The Education Depart. ment propose, at the request of the Natives, again to establish a Native school in this district. It is to
be at Maungatapu, on the east side of the arbour ; a good situation, in my opinion, as there are enough children within easy distance to form a good school if the Natives would combine in the matter and forget their intertribal jealousies ; it was their failure to do so which caused the old school to be closed.
Maketu District.
I have visited Ohinemutu and the Lake country once a month during the past year, to hold the Resident Magistrate's Court ; Mr. Bush, R.M., of 'Opotiki, taking that at Maketu. An arrangement has been made by which that gentleman will take Obinemutu as well, whenever the Tauranga Commissioners' Court is sitting.
Unlike those at Tauranga, the Natives of the Maketu and Lake Districts are litigious and give the Magistrates plenty of employment settling their disputes, which are chiefly cases of trespass and disputed ownership of horses and cattle.
At Ohinemutu the principal event during the year has been the Natives giving n their consent to Judge Fenton's scheme for laying out and selling a township there. They appear to have gone heartily into the project, and the Court is now sitting to investigate title to the proposed township. The importance of this step will be seen when it is remembered that for years the Natives have persistently opposed the sitting of a Land Court in the Lake country ; probably it is the thin end of the wedge which will eventually open their lands to European settlement and enterprise.
I regret to remark the extent to which the Natives of this district now neglect cultivation, depending in a great measure on what they get from tourists and other precarious sources for a living, resulting about this time last year in distress nearly approaching family. They have, however, shown a disposition to accent employment on roads. A portion of the road between. Maketu and Te Puke has been formed
![]() |
4.280 292 |
▲back to top |
No.6
G. T. WILKINSON, Esq., to the UNDER-SECRETARY, Native Department.
SIR,— Native Office, Thames, 17th May, 1882.
In accordance with the request contained in your circular No. 4, of the 12th ultimo, have the honor to forward herewith my annual report upon the state of the natives in the Hauraki or Thames District.
Condition of the Natives,
The condition of the natives in my district, in so far as concerns their industrial pursuits, education, and social condition, is much the same as when reported on by me last year. The improvement that I spoke of as being then noticeable in connection with agriculture still exists, and is, on account of the reason then given, namely, growing necessity, likely to continue. Their time is, however, for a great part occupied in digging for kauri gum, which takes them away from their homes for a considerable period during the year. This industry still continues a profitable one in this district, and a large number of both Europeans and Maoris as in previous years prefer it to any other kind of employment.
With regard to the education of their children, the natives here seem to place little value upon it, preferring to allow them to remain idle at home, or to accompany their parents when they go on gum digging expeditions in the bush. I believe there are not more than two native children attending the district school, and those not very regularly. I do not think any alteration for the better is likely to take place in this matter until measures are taken by which the parents are held accountable for the regular attendance of their children at school for at least a portion of the year.
The 'social condition of the natives here is on the whole good ; drunkenness is not at all prevalent amongst them and crime is rare, there having been at the three Resident Magistrates' Courts in this district, namely, Thames, Coromandel, and Ohinemuri, during the past year only four convictions for drunkenness, two for petty larceny, one for assault, and one for breach of the peace. This, I think, considering the large area of the district, namely, from Cape Colville to Te Aroha, speaks well for the character and behaviour of the natives.
General Remarks.
Notwithstanding that as a rule the Hauraki natives are not more lazy than those of other districts, and their social condition, in so far as regards drunkenness and crime, is on a par with or even better than that of others, still they are by no means the unoffending or easy-to-deal-with sort of people that a stranger would be led to suppose. The number of tribes in the district, their different politics, their numerous religious faiths, and last, but not least, their petty jealousies, make them by no means an easy people to manage ; so that, taking the district as a whole, it is, if I may use the simile, like a ship which, although not having one large leak that endangers her safety, still has such a number of small ones occasionally bursting out that continued attention is required to keep them stopped. I must, however, say this for these natives, that troublesome as they are through the causes above mentioned there has been no instance during the last two years in which these difficulties, great and small, have not been got over by prompt attention, and the representation of their causes of trouble and complaint to head-quarters.
Since writing my last report, the Komata Road (which I therein referred to as about to be commenced,) has been completed, and communication has now been established from Thames to Paeroa, Ohinemuri, and thence on to Te Aroha. A coach is now running daily to the first-mentioned township. The telegraph line that previously, on account of native opposition, had to branch off at Hikutaia, and be carried from there by an almost impassable route to Katikati, has now been extended to Paeroa, where there is an office, and it is at the present time being continued on to Te Aroha, thereby meeting a much felt want of the Europeans, and numbers also of natives, in those localities.
Tukukino, the old native chief, who so long successfully opposed these signs of progress, has gracefully retired from his obstructive position, and allowed these works to be carried on without opposition. This action of the old man's is, I think, very creditable to him, especially when it is considered that no fee or reward was given to get him to withdraw his opposition, he merely doing so from what may be called " the force of circumstances." That his relinquishment of his former position is genuine, may, I think, be concluded from the fact that during the Hon. the Native Minister's visit to Ohinemuri, in March last, he (Tukukino) asked for a spring cart to enable himself and people to utilize the newly–made road by taking their produce over it to Paeroa Township for sale, which request was granted him. I may remark here that, on the road being completed, or rather before it was really completed, the natives in the district were amongst the first to make use of it, and evidently were quite aware that it was intended pro bone publico, and not for one race only. The same remarks, only in a lesser degree, apply to the telegraph now working at Paeroa.
A considerable number of Hauraki natives attended the King meeting that was held at Hikurangi during the month of April, 1881 ; but, with the exception of Ngatihako, and some of the Ngatipaoa and Ngatitamatera Tribes, they attended it more out of curiosity and amusement than anything else. During the meeting, a curious instance of the force of example occurred, which may not be uninteresting. As is usual at those meetings, everything that was said and done, both by visitors as well as Tawhiao's own people, was to his acknowledgment and glorification as Maori King, and some of the tribes handed over their lands into his keeping, which meant that roads, railways, and surveys, also sales and leases, were not to be allowed in connection with them. This action rather put the Hauraki delegates into the proverbial " corner," as nearly all their lands are already sold. However,
not to be outdone in generosity, they, or some of them, handed over Te Aroha, Moehau, and Wai- kawau Blocks, within the Hauraki District, to Tawhiao, and thereby relieved their consciences of the fear of being behind-hand with their brother visitors in generosity and admiration for their so-called King. When I state that these three blocks had already been sold and conveyed to the Crown, the grimness of the joke will, I think, be apparent ; and it is to be hoped, for the sake of the givers, that Tawhiao was ignorant at the time as to who was the real owner of these lands.
![]() |
4.281 293 |
▲back to top |
G.—1. 4
During the past year a native named Hatara Ngatai, belonging to a section of the Ngatipaoa tribe called Urikaraka, has died. Although a young man of considerable rank, I should not have mentioned this occurrence, only that he was known as Tawhiao's " Pou," or representative in this district. This mantle has, I understand, descended upon a young native named Tiwai, who, in so far as dogged obstruction to Pakeha progression is concerned, is a very fitting successor, albeit, in other matters, he is a law-abiding and quiet native, and is too sensible himself to run any personal risks, although he does not hesitate to vindicate by argument those who do.
The troublesome Ngatihako tribe, to whom I referred at some length in my last report, are at. present on their good behaviour, although they have not by any means been idle during the past year. In July last they shot a bullock belonging to a settler living near Ohinemuri, the only reason given for the act being that it was running on their land, and they made the matter worse by threatening in a letter, signed by Pakara to Paoro, to shoot all European cattle and horses that they might find trespassing on land owned by them. They, however, did not carry out this threat, and I have reasons for knowing that they were, and are now, fearful of being punished for what they had done. Since then they have not done anything for which they could be blamed, and I think from appearances at the present time that these people are beginning to see the error of their ways, or at least are fearful that they may go too far. My reasons for thinking so are because of their allowing the snags which are now being taken out of the Waihou River (on the banks of which they reside) to be removed, without any opposition from them—a work which they opposed four years ago when attempted by the County Council, on which occasion the workmen were turned off.
In October last trouble was occasioned at a place called Waitete, within the Ohinemuri Gold Field, by some members of the Ngatikoi tribe (who have mostly sold their interests there to the Crown) obstructing the Europeans from cutting Kauri timber, notwithstanding that they had obtained the necessary authority from the Warden to do so. The cause of this action by the natives was the question of reserves for them within the Ohinemuri Block not being yet settled, and they claimed the block where the Europeans were cutting the timber as theirs, by a promise from Mr. James Mackay some years ago. I went to see them about the matter, and explained the position to them, showing them that they were in the wrong, but they would not give in, so having the Sergeant of Police with me armed with the necessary summonses, they were served in the usual way, and the natives afterwards attended Court. The case was heard before the Resident Magistrate, and proved against them, but considering that they had some cause of complaint in not having their reserves fixed, and that they had taken this action more for the sake of getting the Government to fix them, than with the deliberate intention of breaking the law and committing a breach of the peace, the Magistrate only inflicted a nominal penalty, expressing his opinion from the Bench that it would be advisable, in order to prevent further disputes, that the reserves be defined as soon as possible. This I hope will soon be done, as a Native Land Court is to be opened at Paeroa on 1st proximo, in which the Crown's title to the Ohinemuri Gold Field will most likely be decided, and all native reserves fixed.
During the past year a difficulty occurred at Coromandel by which the natives obstructed the formation of the main county road at places known as Te Tiki and Manaia. Acting under instructions from the Hon.Native Minister, I went there to enquire into the cause of trouble, and found that it was brought about mostly through a misunderstanding, which was set right by the Chairman of the County Council (Mr. Cadman) accompanying me with the natives on to the ground, and there discussing the matter.
In November last a native named Horomona Mahoetahi (belonging to Ngatimaru tribe, but married to a Ngatihako woman, and living at Piako,) obstructed the survey of a block of land called Te Manuka, abutting on the Thames River, and extending towards Piako. His only reason for his. action was that he, being a disciple or expounder of Tawhiao's doctrines in the Piako District, could not allow the survey to take place, as it had gone beyond the Ngatimaru (or Thames natives) boundary. As this was a case in which the police could act in the ordinary way, a summons was issued and served on the native. He obeyed the summons, and appeared at the Resident Magistrate's Court at Thames, but as there was no attempt to dispose of or appropriate the goods to his own use, proved against him, he was merely bound over in his own recognisances to keep the peace for six. months. At first he refused to sign the necessary bond papers, and it was only after he had been kept in gaol for two days that he elected to sacrifice his principles, and accept the position, or rather change it for a better one, namely, that of freedom. Having signed the necessary documents he was allowed to go at liberty. I am not at all sure, however, that some more stringent measures will not yet be required of him, as be has lately written me a letter objecting to the proposed survey of the Piako Block, and threatens to obstruct it. He may, however, mean only passive obstruction. That letter, with translation, was sent on to Wellington in the usual way.
During the time that it was feared the smallpox epidemic might visit New Zealand, I, acting under instructions received from Wellington, used every endeavour to get the natives in this district vaccinated, but I am sorry to say only with indifferent success. At first, when the dread of contracting the disease was upon them, they entered heartily into the idea, and a considerable number of them, including children, were vaccinated, but as the dreaded epidemic did not make its appearance amongst us, those natives, who had not up to that time been vaccinated, did not trouble themselves any more about the matter, notwithstanding that they were both written and spoken to on the subject. Another reason which I think had a great deal to do with their apathy, or I may say dislike to the operation, was the unfavorable circumstance of some of their children suffering considerably from the after effects of the operation ; this was, however, I think, brought about more through the unhealthy state of the children than any fault in the lymph used, or want of care or attention by the medical officer. This result is much to be deplored, as I question if their interest or fears regarding-the matter can again be aroused, unless the disease really appears amongst either themselves, or their Pakeha neighbours. I have, &c.,
GEORGE T. WILKINSON,
The Under-Secretary, Native Department, Wellington. Native Agent.
![]() |
4.282 294 |
▲back to top |
|
130 |
Mangahui |
1,653 |
0 |
0 |
|
" |
|
413 |
5 |
0 |
89 11 |
0 |
594 6 |
0 |
14 Sept., 1880 |
1206 |
7 Feb., 1881. |
11 |
|
|
137 |
Kakahoroa .. |
360 |
0 |
0 |
.. |
.. |
|
91 |
10 |
0 |
|
0 |
|
|
14 " " |
1207 |
7 " " |
11 |
|
|
138 |
Otuhi .. .. .. |
150 |
0 |
0 |
|
" |
.. |
41 |
10 |
0 |
12 14 |
2 |
51 4 |
2 |
12 Oct., " |
1336 |
17 Nov., „ |
100 |
|
|
139 |
Totara .. .. .. |
36 |
0 |
0 |
|
" |
.. |
40 |
0 |
0 |
.. |
|
40 0 |
0 |
14 Nov., 1883 |
1421 |
24 Feb., 1884 |
24 |
|
|
140 |
Parish of Mangapai, Lot 54 |
47 |
0 |
0 |
|
„ |
|
20 |
0 |
0 |
.. |
|
20 0 |
0 |
3 May, 1878 |
1392 |
28 Aug., |
98 |
|
|
141 |
Pakiri No. 2 .. .. |
9,766 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
8Feb , 1881
|
1265 |
17 Nov., 1881 |
100 |
|
|
142 |
„ No. 3 .. .. |
9,760 |
0 |
0 |
|
" „. |
|
2,250 |
0 |
0 |
402 3 |
3 |
2,652 3 |
3 |
23 June "" |
1266 |
17 " " |
100 |
|
|
143 |
Moeliau Nos. 1A and In .. |
1,248 |
0 |
0 |
|
James Mackhy |
|
|
|
|
|
|
|
|
'11 Sept., 1878 |
1075 |
8 April, 1880 |
94 |
|
|
144 |
" No. 1c .. |
092 |
0 |
|
|
„ |
|
|
|
|
|
|
|
|
11 „ „ |
1075 |
25 July, 1879 |
78 |
|
|
145 |
„ No. 1F . , .. |
290 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
13 „ , |
1076 |
8 Apri1,1880 |
34 |
|
|
146 |
„ No. 1I .. |
310 |
0 |
0 |
.. |
|
|
|
|
|
|
|
|
|
1 Dec., 1879 |
1208 |
8 „ „ |
84 |
|
|
147 |
„ No. 1J .. .. |
10 |
0 |
() |
.. |
|
|
|
|
|
|
|
|
|
16 „ „ |
1113 |
8 , |
34 |
Or Tohetek |
|
148 |
No. 11, .. ., |
980 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
2 |
1264 |
7 Fa., 1881 |
11 |
|
|
149 |
No. 1P .. .. |
19,350 |
0 |
0 |
|
|
|
19,638 |
8 |
0 |
3,706 17 |
5 |
23,345 5 |
5 |
„ „ 13 Sept., 1878 |
1076 |
25 July, 1879 |
78 |
|
|
150 |
„ No, 3c .. .. |
96 |
0 |
0 |
|
" |
|
|
|
|
|
|
|
|
13 „ , |
1172 |
8 Apri1,1880 |
34 |
Or Oneroa No. 2. |
|
151 |
No.30 .. |
422 |
0 |
|
|
|
|
|
|
|
|
|
|
|
12 Dec., 1881 |
1360 |
30 Mar., 1882 |
30 |
|
|
152 |
„ .. „ No. 3c, No. 1 .. |
140 |
0 |
0 |
|
' |
|
|
|
|
|
|
|
|
.. |
|
" |
|
|
|
153 |
Otautu Nos. 1 and 2 |
171 |
0 |
0 |
.. |
|
|
|
|
|
|
|
|
|
.. |
|
.. |
. |
|
|
154 |
Waikawau |
39,144 |
0 |
|
|
, |
|
|
|
|
|
|
|
|
5 Aug., 1878 |
1245 |
5 June, 1879 |
60 |
|
|
155 |
Mochau No. 2A .. |
340 |
0 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
156 |
„ No. 2n .. .. |
200 |
0 |
0 |
|
|
|
171 |
0 |
0 |
78 7 |
4 |
249 7 |
4 |
" |
|
" |
.. |
|
|
157 |
Ahirau Nos. 1 and 2 .. |
1,761 |
0 |
0 |
|
|
|
370 |
0 |
0 |
49 1 |
6 |
419 1 |
0 |
11 Sept., 1878 |
1077 |
8 April, 1880 |
34 |
|
|
158 |
Paraketo |
926 |
0 |
0 |
|
|
.. |
198 |
0 |
0 |
77 11 |
0 |
275 11 |
0 |
29 Feb., 1879 |
1417 |
10, 1879 |
39 |
|
|
159 |
Waikanae No. 1.. .. |
2,574 |
0 |
0 |
|
|
.. |
295 |
0 |
0 |
251 13 |
9 |
546 13 |
9 |
27 „ , |
1442 |
7 Feb., 1881 |
11 |
|
|
|
160•Pukeatun, .. |
239 |
1 |
20 |
|
|
• . |
126 |
0 |
0 |
0 14 |
0 |
126 14 |
0 |
24 July, 1874 |
655 |
13 Sept., 1877 |
78 |
|
|
161 |
Kuaotunu No. 1B .. |
1,151 |
0 |
|
|
" |
|
299 |
15 |
0 |
336 13 |
2 |
972 8 |
2 |
12 Dee., 1881 |
1361 |
30 Mar., 1882 |
30 |
|
|
162 |
„ No. 1A .. |
1,455 |
0 |
0 |
.. |
„ |
.. |
347 |
0 |
0 |
1 |
|
|
|
l 14 Sept., 1878 |
1325 |
25 July, 1879 |
78 |
|
|
163 |
Papatai |
454 |
0 |
0 |
|
„ |
.. |
69 |
0 |
0 |
10 18 |
0 |
79 18 |
0 |
25 Jan., 1879 |
1080 |
27 Feb., |
24 |
|
|
164 |
Otama, East .. .. |
1 ,217 |
0 |
( |
.. |
|
|
132 |
0 |
0 |
27 5 |
4 |
159 5 |
4 |
4 Sept., 1872 |
252 |
25 June, 1874 |
34 |
|
|
165 |
„ West .. .. |
1,298 |
0 |
|
|
„ |
|
283 |
0 |
0 |
29 2 |
9 |
312 2 |
9 |
2 „ „ |
253 |
25 .. .. |
34 |
|
|
166 |
Tawhitirahi . .. |
1,464 |
0 |
( |
.. . |
„ |
|
173 |
6 |
10 |
69 10 |
0 |
212 16 |
10 |
31 Dec., 1874 |
1042 |
27 Mar., 1870 |
35 |
|
|
167 |
Te Weiti Nos, 1,2', 3(parts of) |
5,000 |
0 |
0 |
|
|
|
735 |
0 |
0 |
91 11 |
3 |
826 11 |
3 |
3 Nov., 1873 |
1357 |
8 Apri1,1880 |
34 |
See page 21. |
|
168 |
Kaimarama, (part of) .. |
6,700 |
0 |
0 |
|
|
|
400 |
0 |
0 |
121 10 |
10 |
521 10 |
10 |
27 Aug., 1874 |
696 |
10 July, 1879 |
73 |
, , |
|
169 |
Ounuora No. 2 .. .. |
5,068 |
0 |
0 |
. |
„ |
.. |
510 |
0 |
0 |
84 13 |
9 |
594 13 |
9 |
21 Feb., 1878 |
1079 |
10 April, " |
39 |
|
|
170 |
Taranoho .. |
3,790 |
0 |
0 |
|
|
|
380 |
0 |
0 |
66 10 |
7 |
41G 10 |
7 |
3 Sept., 1872 |
243 |
25 June, 1874 |
34 |
See page 21. |
|
171 |
Waiwawa |
4,642 |
0 |
0 |
|
|
|
464 |
0 |
0 |
.. |
|
461 0 |
0 |
27 July, 1878 |
1267 |
27 Feb., 1879 |
24 |
„ , |
|
172 |
Oteao No. 2 .. |
126 |
0 |
0 |
|
|
.. |
19 |
0 |
0 |
1 1G |
0 |
20 16 |
0 |
9 Aug., „ |
1049 |
27 „ „ |
24 |
|
|
173 |
" No. 3 |
1,340 |
0 |
0 |
|
|
|
234 |
10 |
0 |
35 0 |
2 |
269 10 |
2 |
2 " " |
1047 |
27 , „ |
24 |
|
|
174 |
Rangihau |
9,132 |
0 |
0 |
|
|
|
785 |
0 |
0 |
153 6 |
0 |
933 6 |
0 |
30 Dec., 1879 |
656 |
10 July, , |
79 |
See page 21. |
|
175 |
Kapowai |
8,663 |
0 |
0 |
|
|
|
700 |
0 |
0 |
149 5 |
8 |
848 5 |
8 |
26 April, 1875 |
834 |
10 „ „ |
73 |
, ,, |
|
176 |
Te Tipi |
3,940 |
0 |
0 |
|
|
|
492 |
10 |
0 |
119 10 |
0 |
612 0 |
0 |
6 Sept., 1878 |
1048 |
27 Feb. |
24 |
|
|
177 |
Tairua .. .. .. |
35,000 |
0 |
0 |
|
|
.. |
2,900 |
0 |
0 |
649 13 |
0 |
3,549 13 |
0 |
7 Dec., 1872 |
245 |
25 June, 1874 |
34 |
See page 21. |
|
178 |
'No. Te Karo 1 .. .. |
1,270 |
0 |
0 |
|
|
.. |
100 |
0 |
0 |
27 8 |
7 |
127 8 |
7 |
17 |
244 |
25 „ „ |
34 |
„ „ |
|
179 |
„ No. 2 .. |
100 |
0 |
0 |
|
|
.. . |
25 |
0 |
0 |
5 19 |
7 |
30 19 |
7 |
17 Jan., 1873 |
249 |
25 „ , |
34 |
„ „ |
|
180 181 |
Wai whakaurunga .. Opango .. .. |
14,000 1,000 |
0 0 |
0 0 |
.. .. |
„ |
.. .. |
1,588 103 |
0 0 |
0 0 |
242 12 19 18 |
8 7 |
1,830 12 122 18 |
8 7 |
8 Oct., 1874 24 Aug., 1872 |
795 256 |
10 July, 1879 .. |
73 |
, |
|
182 |
Hotoritori .. |
523 |
0 |
0 |
|
0 |
.. |
100 |
0 |
0 |
11 19 |
7 |
111 19 |
7 |
24 „ . |
258 |
.. |
|
|
|
183 |
Hihi and Piraunui .. |
6,755 |
0 |
0 |
.. |
,, |
|
765 |
0 |
0 |
115 16 |
11 |
880 16 |
11 |
21 Dec., „ |
259 |
.. |
|
|
|
184 |
To Wharau .. .. |
3,893 |
0 |
0 |
|
Superintendent |
.. |
581 |
10 |
0 |
164 10 |
7 |
746 0 |
7 |
18 Aug., 1871 |
836 |
7 Sept.,1876 |
49 |
. |
|
185 |
Te Poho No. 2 .. .. |
189 |
3 |
0 |
.. |
E. W. Puckey |
.. |
47 |
10 |
0 |
21 2 |
6 |
68 12 |
6 |
18 Feb., 1876 |
955 |
13 „ 1877 |
78 |
|
|
186 |
„ No. 3 .. .. |
55 |
0 |
0 |
.. |
" |
.. |
14 |
3 |
4 |
10 4 |
0 |
24 7 |
4 |
22 Dec., 1881 |
1363 |
30 Mar., 1882 |
30 |
' |
|
187 |
Karioi No. 2 |
222 |
0 |
0 |
. |
" |
.. |
55 |
10 |
|
9 |
9 |
188 18 |
6 |
21 " 1877 |
1008 |
4 July, 1878 |
65 |
|
|
188 |
„ No. 3 " . , |
339 |
3 |
0 |
|
|
|
84 |
18 |
0 9 |
48 |
|
|
|
20 Sept., , |
1010 |
4 „ ,, |
65 |
|
![]() |
4.283 295 |
▲back to top |
RETURN of LANDS PURCHASED and LEASED, or under NEGOTIATION, in the NORTH ISLAND—continued.
|
Didtrict |
Number |
Block. |
AREA. |
|
|
PAYMENTS. |
DEED. |
If proclaimed Waste Lands of the |
|
| ||||
|
Through whom negotiated. |
Crown, Date and Number of the Gazette. |
|
Remarks. | |||||||||||
|
Purchased. |
Leased. |
|
Purchase- money or Rent. |
Incidental. |
Total. |
Date. |
No. | |||||||
|
|
|
|
A. R. P |
|
|
£ 8. d. |
£ 8. d. |
£ 8. d. |
|
|
| |||
|
|
189 |
Ipu o Mochau .. |
1,245 0 0 |
G. T. Wilkinson |
.. |
468 10 0 |
14 3 4 |
482 13 4 16 July, 1884 |
1448 7 Aug., 1884 |
89 |
| |||
|
|
190 |
Tanutanu .. |
8 2 7 |
E. W. Puckey |
.. |
30 0 0 |
10 0 3 |
40 0 3 2 Sept., 1875 |
842 4 July, 1878 |
65 |
Tararu Cemetery. | |||
|
|
191 |
Karaka North No. 2 |
258 2 27 .. |
" |
.. |
258 10 0 |
9 8 0 |
267 18 0 30 May, 1879 |
1071 10 " 1879 |
78 |
| |||
|
|
19 |
No. 3 |
258 2 26 .. |
" |
.. |
258 10 0 |
11 14 0 |
270 4 0 8 Nov., " |
1270 8 Apri1,1880 |
34 |
| |||
|
|
193 |
, „ „ South No. 2 |
172 0 0 .. |
" |
.. |
172 0 0 |
4 16 9 |
176 10 9 22 Aug., 1878 |
1044 27 Feb., 1879 |
24 |
| |||
|
|
194 |
Kaipitopito .. |
10 2 6 .. |
G. T, Wilkinson |
.. |
316 0 0 |
5 19 7 |
321 19 7 22" 1882 |
1345 30 Mar., 1882 |
30 |
| |||
|
|
195 |
Thames Foreshore .. |
482 1 3 |
E. W. Puckey |
.. |
3,147 13 6 |
353 15 2 |
3,501 8 8 344 to 877 and |
761 .. |
.. |
| |||
|
|
196 |
Wain .. .. |
8 0 12 |
G. T. Wilkinson |
.. |
125 0 0 |
5 2 0 |
130 2 0 7 April, 1880 |
1197 7 Feb., 1881 |
11 |
| |||
|
|
197 |
Mangakirikiri No. 1 South. |
1,277 0 0 .. |
James Mackay |
.. |
160 4 0 |
81 4 0 |
241. 8 0 15 Oct., 1879 |
1193 8 Apri1,1880 |
34 |
See page 21. | |||
|
|
198 199 |
" No. 2 " No. 3 North |
245 0 1,079 0 0 ' .. |
" „ |
.. |
47 10 0 103 0 0 |
25 16 8 81 0 11 |
73 0 8 2 Nov., 1874 184 0 11 18 " 1879 |
830 10 July, 1879 1194 8 Apri1,1880 |
73 84 |
" " | |||
|
|
200 |
Rapaatikiato No 1.. |
37 2 .. |
|
|
37 0 0 |
16 17 10 |
53 17 10 13 Doc., 1881 |
1368 30 Mar., 1882 |
80 |
| |||
|
|
201 202 |
Mangarehu .. " East |
1,766 0 0 468 0 0 |
, |
.. |
210 0 0 49 10 0 |
34 12 4 10 19 0 |
244 12 4 3 Nov., 1874 60 9 0 26 April, 1875 |
828 10 July, 1879 829 10 " " |
73 73 |
See page 21. „ " | |||
|
|
203 |
Manginahae .. |
147 0 0 |
|
|
15 0 0 |
17 12 9 |
32 12 9 26 May, 1880 |
1356 7 Feb., 1881 |
11 |
. . | |||
|
|
204 Mangotabi.. |
273 0 0 |
|
|
50 0 0 |
31 14 0 |
81 14 0 26 April, 1874 |
831 10 July, 1879 |
73 |
| ||||
|
RETURN of LANDS PURCHASED and LEADS, or UNDER NEGOTIATION, in the NORTH ISLAND—continued |
205 Owhao (part of) |
272 0 0 .. |
" |
.. |
49 10 0 |
8 1 10 |
57 11 10 2 Sept., „ |
1195 8 Apri1,1880 |
84 |
| ||||
|
|
200 Ahuroa No. lB . |
313 0 0 |
" |
.. |
133 0 0 |
27 7 10 |
160 7 10 22 Dec., 1881 |
1358 80 Mar., 1882 |
80 |
| ||||
|
|
207' Owhataroa No. 1 208 „ No. 2 .. |
327 2 0 . 52 0 0 |
|
1 |
175 0 0 |
21 9 0 |
190 9 0 |
1 13 Nov., 1879 1 13 „ |
1243 8 Apri1,1880 1181 8 , „ |
84 84 |
| |||
|
|
209 Ruapekapeka North |
1,050 0 0 |
|
.. |
241 5 0 |
74 7 10 |
315 12 10 24 Sept., 1874 |
1196 8 ., „ |
34 |
| ||||
|
|
210 Ohuka .. .. |
1,800 0 0 |
|
|
297 0 0 |
37 7 9 |
334 7 9 12 " " |
697 28 Juno, 1877 |
58 |
| ||||
|
|
211 Horete No. 1A .. .. |
1,054 0 0 |
|
|
276 12 0 |
68 13 4 |
345 5 4 31 Aug., 1878 |
1225 8 Apri1,1880 |
84 |
| ||||
|
|
212 " No. 3 .. 213 No. 4 .. |
1,459 2 0 . 33 2 27 . |
|
.. .. |
314 0 0 6 0 0 |
71 0 4 11 14 3 |
385 0 4 12 Dec., 1881 17 14 3 31 Aug., 1878 |
1359 30 Mar., 1882 1046 27 Feb., 1879 |
30 24 |
| ||||
|
|
„ 214 Pukotui .. 215 Wharekawa East No. 1 .. 216 " No. 3 .. 217 Whitipirorua .. 218 Tautahanga .. 219 Omahu .. 220 " West .. .. 221 " West No. 1 — |
3,180 0 0 10,754 0 0 5,089 0 0 1,245 0 0 1,231 0 0 7,056 0 0 1,157 0 0 204 0 0 .. |
„ „ „ „ „ „ „
|
.. .. .. |
170 0 0 683 0 0 347 0 0 172 10 0 307 15 0 1,019 0 0 |
56 3 0 417 11 5 87 19 4 82 1 1 28 12 4 120 12 8 12 9 288 |
226 3 0 1,100 11 5 434 19 4 254 11 1 336 7 4 1,145 12 8 876 12 |
18 Jan,, 1875 18 Sept., 1878 21 April, 1875 18 Dec., „ 21 April, 1874 23 Dec., 1872 31 „ 1874 6 Nov., „ |
832 10 July, „ 1045 27 Feb., „ 833 10 July, „ 1043 27 Feb., „ 584 27 „ „ 255 8 Jan., 1874 1040 27 Mar., 1879 1192 8 Apri1,1880 |
73 24 73 24 24 1 85 84 |
See page 21. „ „ „ See page 21. | |||
|
|
222 „ West No. 2A .. |
527 0 0 ... |
„ |
|
588 0 0
|
|
|
Oct., 1877 |
1189 8 „ „ |
84 |
| |||
|
|
223 „ West No. 3 |
390 0 35 |
„ |
|
|
|
|
31 Dec., 1874 |
1041 27 Mar., 1879 |
35 |
| |||
|
|
224 Onetai No. 1 .. |
1,137 2 0 |
„ |
|
0 |
32 14 9 |
174 4 9 |
„ |
1039 .27 „ „ |
35 |
| |||
|
|
225 „ No. 213 .. . |
175 0 0 |
„ |
|
141 10 |
|
|
1 „ 1881 |
1355 30 „ 1882 |
30 |
| |||
|
|
226 Whangamata No. 1 |
8,503 0 0 |
|
|
|
|
|
Jan., 1873 |
248 8 Jan., 1874 |
1 |
See page 21. | |||
|
|
227 No. 3 „ |
7,654 0 |
|
|
|
|
|
11 „ |
250 8 „ „ |
1 |
. . | |||
|
|
228 - No. 5 |
5,604 0 0 .. |
|
|
6,595 0 0 |
98 17 11 |
7,933 17 11 |
13 „ |
251 8 „ „ |
1 |
. | |||
|
|
229 No. 2 .. |
2,257 0 0 |
,, |
|
|
|
|
11 „ |
246 8 „ „ |
1 |
| |||
|
|
230! „ No. 3 .. |
5,165 0 0 |
„ |
|
|
|
|
13 ,, |
247 8 „ „ |
1 See page 21. | ||||
6
![]() |
4.284 296 |
▲back to top |
Waikato Hauraki and Coromandal—continued
|
231 232 233 234 235 |
Waihou West No. lA .. No. 2 .. To Tautiti No. 1 „ No. 2 .. Te Iringa o Pirori No. 2 .. |
1,211 279 1,621 300 240 |
0 1 0 0 0 |
0' 13 0 0 0 |
.. |
„ „ „ „ „ |
|
|
|
|
|
|
|
|
|
18 June, 1880 13 Sept., 1883 2 „ 1878 .. 4 May, 1884 |
1226 1423 1035 1428 |
7 Feb., 1881 7 Aug., 1884 27 Mar., 1879 .. 7 Aug., 1664 |
11 89 35 89 |
| |
|
236 |
Ruahine No. 1 .. .. |
87 |
1 |
16 |
.. |
„ |
„ |
|
|
|
|
|
|
|
|
18 Dec., 1878 |
1060 |
27 Mar., 1879 |
35 |
| |
|
23 |
„ No. 2 .. |
43 |
2 |
28 |
.. |
„ |
4,690 |
5 |
0 |
681 |
9 |
0 |
5,377 |
14 |
0 |
12 , 1881 |
1362 |
30 „ 1882 |
30 |
| |
|
238 |
Ahikope No. 1 .. |
282 |
0 |
0 |
.. |
,, |
|
|
|
|
|
|
|
|
|
27 Nov., 1878 |
1036 |
27 „ „ |
35 |
| |
|
239 |
Nihinihi .. .. |
548 |
0 |
0 |
.. |
„ |
|
|
|
|
|
|
|
|
|
17 June, 1880 |
1227 |
7 Feb., 1881 |
11 |
| |
|
240 |
Wharekahu .. .. |
259 |
0 |
0 |
.. |
„ |
|
|
|
|
|
|
|
|
|
3 July, 1878 |
1037 |
27 Mar., 1879 |
35 |
| |
|
241 |
Totarapapa .. .. |
126 |
1 |
8 |
.. |
,, |
|
|
|
|
|
|
|
|
|
1 Oct., „ |
1038 |
27 „ |
85 |
| |
|
242 |
To Kahamiroi .. .. |
33 |
0 |
0 |
.. |
„ |
|
|
|
|
|
|
|
|
|
23 April, 1879 |
1301 |
5 Juno, „ |
60 |
| |
|
243 |
Omotai No. 2. |
190 |
0 |
0 |
.. |
„ |
|
|
|
|
|
|
|
|
|
,10 Sept., 1878 |
1326 |
8 Apri1,1880 |
34 |
| |
|
244 245 |
Ohinemuri No. 1 .. „ No. 2 |
2,336 3,641 |
0 0 |
0 0 |
.. |
„ „ |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
246 |
„ No. 3 |
„ 3,912 |
0 |
0 |
.. |
„ |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
247 |
„ No, 4 .. |
5,762 |
0 |
0 |
.. |
„ |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
248 |
„ No. 5 .. |
1,593 |
2 |
28 |
.. |
„ „ |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
249 250 |
„ No. 7 .. „ No. 8 |
952 0,827 |
0 0 |
0 0 |
.. .. |
„ „ |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
251 252 |
„ No. 9 .. „ No. 10 .. |
444 358 |
2 0 |
0 0 |
.. |
„ „ |
|
|
|
|
|
|
|
|
|
|
1444 |
|
|
| |
|
253 254 255 256 |
„ No. 11 .. „ No. 12 No, 13 „ No. 14 .. |
213 200 160 45 |
0 0 0 0 |
0 0 0 0 |
.. |
„ „ „ „ |
31,540 |
7 |
6 |
3,704 |
11 |
|
1135,214 |
10 |
5 |
27 June, 1882 |
to 1464 |
7 Aug., 1884 |
89 |
| |
|
257 |
„ No. 15 .. |
9 |
2 |
16 |
|
„ |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
258 |
„ No. 16 .. |
195 |
0 |
0 |
|
„ |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
259 |
„ No. 17 .. |
27,270 |
0 |
0 |
.. |
„ |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
260 26 |
„ No. 18 .. „ No. 19 .. |
2,953 91 |
0 0 |
0 0 |
.. |
„ „ |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
262 |
Owharoa No. 2 .. |
1,859 |
0 |
0 |
.. |
„ |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
263 |
„ No. 3 .. |
220 |
2 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
264 |
Ohinemuri No. 5A |
102 |
0 |
0 |
.. |
G. T. Wilkinson . |
30 |
12 |
0 |
2 |
0 |
0 |
32 |
12 |
0 |
9 July, 1883 |
1465 |
7 „ |
89 |
| |
|
265 266 |
„ No. 9A „ No. 4A |
55 5 |
2 0 |
0 0 |
|
„ • „ |
16 2 |
13 0 |
0 0 |
2 4 |
0 1 |
0 0 |
18 6 |
13 1 |
0 0 |
1 Feb., „ 23 May, 1884 |
1466 1467 |
7 „ 7 „ „ |
89 89 |
| |
|
267 268 |
„ No. 15e .. No. 18e |
0 118 |
1 0 |
24 0 |
|
„ . . |
0 37 |
9 14 |
0 0 |
4 4 |
1 1 |
0 0 |
4 41 |
10 15, |
0 0 |
9 April, „ 21 „ „ |
1468 1469 |
7 „ „ 7 |
89 89 |
| |
|
269 |
Te Aroba West .. .. |
22,467 |
0 |
0 |
.. |
James Mackay |
|
|
|
|
|
|
|
|
|
24 Aug., 1878 |
1302 |
10 July, 1879 |
73 |
| |
|
270 |
„ East .. .. |
22,725 |
0 |
0 |
.. |
„ |
18,517 |
9 |
10 |
3,745 |
17 |
022,263 |
6 |
10 |
24 „ „ |
1302 |
25 Sept., „ |
100 |
| ||
|
271 |
Manawaru Reserve .. |
616 |
0 |
0 |
.. |
|
|
|
|
|
|
|
|
|
15 Nov., 1879 |
1198 |
8 April, 1880 |
34 |
| ||
|
272 273 |
Piako and Waitoa;old purchases
|
Waitoa Piako .. |
2,899 19,500 |
0 0 |
0 0 |
.. |
E.W. Puckey .. „ |
675 |
0 |
0 |
1 |
3 |
8 676 |
3 |
3 |
28 „ 1872 „ |
269 |
.. |
.. |
Plus old payments, £435. | |
|
27 |
|
Mohonui .. |
2,580 |
0 |
0 |
.. |
„ .. |
200 |
0 |
0 |
1 |
3 |
3 201 |
3 |
3 |
29 „ „ |
270 |
|
|
„„ ,£1,903. | |
|
275 |
|
To Mina |
500 |
0 |
0 |
|
„ |
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
276 |
|
To Waimaro .. |
800 |
0 |
0 |
|
„ |
35 |
0 |
0 |
1 |
3 |
3 36 |
3 |
3 |
7 Dec., „ |
268 |
.. |
.. |
£65. | |
|
277 |
|
To Hotu .. |
50 |
0 |
0 |
,, |
|
13 |
0 |
0 |
1 |
3 |
3 14 |
3 |
3 |
29 Nov. |
267 |
.. |
|
| |
|
278 |
Lot 327, Pirongia .. |
566 |
0 |
0 |
.. |
R. S. Bush.. |
250 |
0 |
0 |
.. |
|
250 |
0 |
0 |
4 June, 1874 |
763 |
28 Nov., 1878 |
119 |
| ||
|
279 |
Pokaewhenua. .. .. |
6,520 |
0 |
0 |
.. |
James Mackay |
|
|
|
|
|
|
|
|
|
1215 |
|
|
| ||
|
280 281 |
Huihuitaha .. .. Tokoroa .. |
3,875 17,865 |
0 0 |
0 0 |
.. |
„ „ |
7,231 |
19 |
7 |
3,693 |
0 |
810,025 |
0 |
3 |
8 Mar., 1881 |
and 1216 |
16 June,1881 |
47 |
| ||
![]() |
4.285 297 |
▲back to top |
G.—1. 30
The Hon. Mr. BALLANCE met the MAORIS of the HAURAKI DISTRICT at Parawai, on the 11th
February, 1885.
The Maoris welcomed the Minister by singing a waiata, and with the usual speeches.
Mr. Ballance, in responding to the welcome, said : I thank you for the welcome which you have given me to-day. I reciprocate the sentiment of the last speaker that the two races are one, and that they are brought to each other more and more every day in those things which make a united people. The question of language is nothing, and will be cured in time; as your young people are educated in the public schools of the colony they will grow up to speak the same language as the majority of the people of this colony. I was particularly pleased with the way in which I was received—in the singing of a hymn. I venture to think that no Minister of the Crown has ever been paid such a compliment before, for I am informed that the name of every member of the present Government was included in that hymn. It was a compliment intended on the part of the poet, and was well sustained by our friends the choir who sung the hymn on this occasion. I can assure you that that is a compliment that I am never likely to forget. One speaker has referred to the question of roads and to grievances. I will not go into matters of business to-day—those questions will be discussed to-morrow, when we have plenty of time ; but I should just like to say this on the present occasion : that roads are necessary for the civilization of both the European and the Native, and I hope it will be made clear to your minds that it is not contrary to your best interests that roads should be made through the country. The particular grievances which have been referred to we will discuss on another occasion. I was particularly pleased to meet my old friend, Hoani Nahe, on the present occasion. We have sat in Parliament together. I will venture to say that no Native representative has ever been more, faithful or more active in the discharge of his duties, and I regret exceedingly that he is no longer a member of the Legislature. This is the first occasion on which I have visited the Thames. I have often heard of the loyalty of the Native people of the Thames, and I am sure that the one or two occasions on which wrong has been done on which lives have been lost—are exceptions to the general rule, and do not affect the loyalty of the people as a whole. - I say, in reference to that subject, that there is no occasion for violence; that the laws of the colony are ample to redress all grievances, and I bringyou this message : that, as far as I am concerned, I am willing to discuss all questions of difference between us with the view of arriving at a just solution of all grievances that may exist. I am glad to meet you all on the present occasion, and wish you all the happiness that may be in store for you. You must all have derived great advantages from the stores of wealth which have been produced from the soil in this part of the country. You must recognize that the advent of the Europeans in this part of the country has brought you all much wealth and much happiness. I am perfectly sure that nothing will arise in the future to disturb the contentment which at present prevails. Once again I thank you for the welcome which you have given me.
NOTES of an INTERVIEW between the Hon. Mr. BALLANCE and the TRAMES NATIVE COMMITTEE,
12th February, 1885.
Mr. Ballance : I have great pleasure in meeting the Native Committee of the Hauraki District. The Committee are charged with certain duties and some responsibility, and I recognize the great importance of the Committee in looking after the interests of the people. The Committee may do a great deal of good in curing abuses, remedying grievances, and seeing that no one is injured. I propose, with regard to the surveys, which is a very important thing, surveys of land intended to be passed through the Native Land Court, to have copies of all applications for surveys sent to the Chairman of the Native Committee, so that no case will be brought secretly before the Court without the Committee knowing. I would like the Chairman to represent to the Government the grievances of the people in his own district, and that matters affecting the people should be brought before the Committee, so that they might be transmitted to the Government through the Chairman. With regard to the hearing of civil cases, I propose that they should have jurisdiction up to a certain amount ; but that agreement shall not be required before the case is brought before the Committee : that, if one Native sues another for a small debt, he shall be compelled to bring it before the Committee, and the Committee shall decide upon it. There is one objection, that is, it is sometimes difficult to get the whole of the Committee together. It might be desirable that the Chairman and two or three members of the Committee should be appointed to sit upon these cases. Of course there would be no objection to the whole of the Committee-sitting, but that would be in cases where it would be inconvenient for the whole of them to come together. I would like the Committee to report also upon cases which are going before .the Native Land Court. It is the intention of the Government next session to bring in a Bill to deal with Native Lands. We propose that, when the owners of a block of land have been found out by the Native Committee, that a Committee shall be appointed from those owners of, say, seven members, and that that Committee shall have the power of dealing with the land in the block where there are numerous owners, that is to say, if there are more than twenty owners. That Committee is different from this Committee. Then we shall have a Board appointed for a district, to sell or lease the land. We intend that the Board shall consist of three members, one European, to be appointed by the Governor, the Chairman of the District Committee, and one Native, to be nominated by the Governor. When the local Committee shall wish to sell or lease a portion of their block, they will apply to the Board ; and then the Committee would arrange with the Board for the cost of surveys and for roads; and then the Board would proceed to dispose of the land in accordance with the wishes of the Committee. If the majority of the owners of the block objected to the action of the Committee they might, by petition, stop the action of the Committee, and the Committee would have no power to proceed any further. This will give the people power to deal with their own lands, the Government acting as mediator and assisting the Natives, but giving the people them-
![]() |
4.286 298 |
▲back to top |
31 G.—1.
selves the right to say what shall be done with their own lands. Then, the land shall be disposed of in accordance with the land laws of the colony. For instance, land will not be allowed to be sold in large blocks if it is agricultural land, There will be a limit placed on the size of the blocks, in order that there may be a large population placed on the laud. The Government think that they have a right, for the good of both races, to prevent what is called " land monopoly for the few ;" and therefore the land shall be cut up into the smallest areas suitable for settlement. That is the limitation which the Government put upon the powers of the Committees and of the
people. Hoani Nahe (Chairman of the Committee) : said that he was pleased and satisfied with what the Native Minister had said. He said that the Committee wished that, before the Bill referred to by Mr. Ballance was brought in, it should be circulated amongst the Natives. They were very 'pleased to hear that they were to be allowed to manage their lands themselves. It was his opinion 'that, if the preliminary investigation of land were gone into by the Native Committee, it would be much easier for the Native Land Court, and thereby the Maoris would be relieved of the expenses
they were now put to in attending Court and paying Court fees, &c. The Committee had great objection to the action of the Native Land Court in charging fees. They had heard that the Natives of the Arawa had got licenses to purchase guns and ammunition, and they had heard that
the reason the Arawas were so anxious to get guns was to avenge the murder of kereopa, who was
the reason the Arawas were so anxious to get guns was to avenge the murder of Kereopa, who was mrdered by Natives some time ago. That was why they sent a notice concerning this matter to the
newspaper, and also one to Mr. Wilkinson. They suggest that applications from the Arawas to purhase guns should be referred to the Native Committee. He asked whether it would be advisable for the Hauraki Committee to deal with matters in the Waikato and vice versá. Hoani Nahe then read come of the minutes at the last meeting of the Committee, one of which was where they wished to get some revenue to carry on their work and pay for stationery, and also with reference to the payment of the clerk and Chairman of the Committee. It was proposed that the Chairman should allowed to frank letters on public see vice, also that the Committee should have power to
issue summonses to bring anybody before it. If an amending Act to the Native Committees Act were passed there ought to be a clause inserted so that, whenever a person falls out of the Committee,
there should be the power to elect another in his place.
Tamati Paipa spoke with reference to a dispute that existed between himself and Mr. Alley about the boundary-line of Hikutaia No. 1. He stated that Sir F. Whitaker promised to settle the . Several surveyers had been to survey the line.
Mr. Ballance said it was understood in the Native Department that Sir F. Whitaker had the whole dispute.
Tamati Paipa said that the boundary-line of Hikutaia No. 1 had not been settled. Hikutaia No. 1 was surveyed and went through the- Court, and was subdivided, some years ago, some of the land going to the Government, and some being left as Native Reserves.
Mr. Ballance : I am very much pleased at the business-like way in which the Chairman,Hoani Nahe, has brought before me the several matters relating to the Committee. It shows that they have given a considerable amount of attention to the duties pertaining to the office, and it has nfirmed me in the opinion that the Committees are calculated to materially assist in the administ- ration of the law in matters relating to their own people. I will now deal with the various questions that have been brought forward, one by one. It is quite right that copies of Bills
relating to the Native race should be extensively circulated amongst them before being introduced into the Legislature, and I purpose sending to the Chairmen of the different Native Committees copies
the Bills which we intend to introduce into the House next session—that is to say, copies of the more important measures, for sometimes there are Bills brought in with very short notice, and e might not have time to circulate those Bills amongst the people. Those are Bills, generally, of small importance, and all the principal Bills I shall have circulated amongst them. I agree that the Committees may materially assist the Land Court in inquiring into cases and making the
.Preliminary investigation required of them by the present Act. The Government have long been of .
opinion that the expenses of the Native Land Court are too great, and various measures have been taken for the purpose of reducing them. I think the action of the Committees themselves may to the reduction of those expenses. I feel myself shocked and disgusted at the enormous expenses attending the passing of some blocks through the Native Land Court, for it is a notorious
fact that some of the blocks have been entirely eaten up by the expenses of lawyers and agents, and in various other ways, the Natives deriving no benefit whatever from the sale of their lands, while their lands have gone from them for ever. The object of the Government is to remedy these
things. I heard what Hoani Nahe said about the Arawas trying to obtain licenses for guns
and ammunition for the purpose of making war upon some neighbouring tribe. I confess that I was very much surprised at that statement, for I was under the impression that the Arawas
emselves were exceedingly loyal people, and I cannot now suppose that that feeling of revenge or
relaliation is general amongst them, or that there is any general desire to shed blood. Perhaps that Hoani Nahe refers to is the desire of a few men, but very few. The Arawas know that
Kereopa was justly punished according. to law for the great crime he had committed, taking the life the Rev. Mr. Volckner ; and I believe that the Arawas themselves as a body are perfectly satisfied with the course that the law took in that case ; but I am very much obliged to Hoani
Nahe for mentioning the matter, and I am quite sure that Mr. Kenrick will be cautious in issuing
, making due inquiry into the character of the people who apply for them. I also agree with the suggestion made by Hoani Nahe that Mr. Kenrick, when there is any doubt in mind, should take the advice of the Native Committee. Reference has been made to a delicate matter, viz., the Committee of one district interfering in another district. You
see yourselves that, if the Committee of one district interferes in another district, it would lead a great deal of jealousy, and might lead to trouble ; but it might be desirable in some cases, here matters affected both districts, or where the people of one district were affected by
![]() |
4.287 299 |
▲back to top |
G.—1. 32
the action of both Committees, that the Chairmen of the two Committees should meet together and discuss the matter amongst themselves in a friendly manner. In that way they might be able to remove the difficulty. The matter of the expenses of the Committee is one that I am now considering. I have already given instructions that the stationery to be used by the Committee for purely Committee purposes, be supplied by the Government free of any charge. With regard to the revenue of the Committee for general purposes, that is now under consideration, and I shall not be long before coming to a decision. As to the right of the Chairman to frank letters, I shall bring that before the Postmaster-General and consult him upon the point. With regard to the right of the Committee to issue summonses, the Act gives them power now only to deal with civil cases, and not with criminal. I am very doubtful whether the time has come for the Committee to deal with criminal cases. I think the ordinary Courts should continue to do that work. What I referred to in giving the Committee larger powers to deal with small debt cases was to give them there larger power, and, if possible, to increase the amount for which they can sue. I quite agree with what Hoani Nahe said about filling up the vacancies caused by members falling out of the Committee. That is a power possessed by all local bodies, with the exception of the Committees, and shall be one of the provisions in the Bill—that when a member falls out there shall be the right of re-election immediately. I now have touched upon all the different questions brought forward by the Committee, and I shall just say, in conclusion, with regard to what has been said by Tamati with regard to Hikutaia Block, that I am not acquainted with all the facts, but I shall make inquiry into them, and I hope the affair can be arranged without much trouble. I trust the Committee will themselves assist in getting the matter brought to an amicable conclusion.
Noms of a, MEETING held at PARAWAI, Thames, on the 12th February, 1885, between the Hon. Mr.
BALLANCE and the HAURAKI NATIVES.
Hapi Rewi said : The first question is regarding Komata (Te Puke Block at Ohinemuri), a block that was purchased wrongfully by Mr. Thorpe. That portion of land is where the steamer at present lands passengers and goods. Tukukino owns that piece of land, and he is asserting his ownership. He built a fence on his land, which was agreed to by Mr. Mackay. It overlaps Mr. Thorpe's boundary. He built a fence to show that that piece had been taken wrongfully, and I wish to draw the attention of the Native Minister to the fact that it has wrongfully come into Mr. Thorpe's possession. Other disputes have been settled, and the Natives at Hikutaia have got their lands back; but this piece has not been settled yet, Tukukino still persists in his claim to it. Another matter is in connection with Mackaytown. It is four years since it was leased. It was exempted from the gold field. The main portion of the land in that district has been bought by the Government, but a portion has been retained by the Maoris. Now, we consider that we own Mackaytown, and as it has been leased for four years, we consider that the Government should pay us the rent. There are twenty-two shareholders who have not signed, and they want to get their proportion. difficulty is, that the interests have not been subdivided yet, as it is not known which is the Government's and which is the Natives'. The third matter is, the tapu-places on the Owharoa Block. Lots of applications have been made for these, but they have never been agreed to. Another matter is that the reserves that were fixed at Waihi are useless, because they are on the mountain and cannot be cultivated, and I ask you to exchange them for some lands on the flat, where we can make use of them. These lands will do for Europeans who have cattle or sheep ; but, as we have no cattle; we want lands that we can cultivate. Another matter is the tramway at Waihi Gold Melds. I do not know why the revenue Worn that is not paid to the Maoris. There was fifty acres put on one side- for us, but there is no timber on it at all. We want that substituted for a piece within the Ohinemuri No. 7 Block, on which there is some firewood and some timber. If it is given to us within Ohinemuri No. 7, we can then get a supply of fencing and other timber. There is a road over the portion that we want, but the bridge is broken at present ; but the Europeans are going to repair it. There is a piece called Marutatai, at Te Aroha, promised to us, but it was not carried out. That is all I have got for you. I will keep some back for some other Minister. When you reply will you commence with Tukukino? Whatever matters you agree to we want in writing.
Haora Tareranui : I am going to talk to you about the troubles of the Ngatitamatera, the tribe living at Ohinemuri. One of our troubles is connected with our reserves in the Waikawau Block. A portion of that Waikawau Block was awarded to the Government. It was sold to the Government : a portion was returned to the Maoris. After the awards were made in favour of the Maoris for the reserves, the Maoris had to pay for the surveys of them. I ask that you will do away with those claims for payment by the Natives for the surveys of the reserves, and that the Crown grants be ordered to issue to the Natives. There was one. block called Weiaro which was not included in the Government survey, and we were called upon to pay for it. The Government Agent, when the land went through the Court, told the Natives that the Government would pay for all the surveys-The Government Agent was Mr. James Mackay. It was a verbal statement. It was seeing that certain reserves had been made in other places, and the Natives had not been charged for them, and it was promised that they would not be charged for the surveys in this block. With regard to the surveys in the Waikawau Block, I ask that the Crown grant should issue. Another application that we make to you is, that the Native owners of the reserve should have power to 'grant leases to the Europeans who wish to occupy them. Another application of ours is concerning the Native reserves in the Ohinemuri Block ; when the reserves were marked off by the Native Land Court it was on the map ; we considered that they were not in the exact positions that they would turn out to be when they came to be surveyed. We asked that, when the surveyor went on the ground, one et our people should go with him and point out the tapus, &c.; but, when the surveys took Place, we were not informed of it. We discovered afterwards that the reserves had been made in
![]() |
4.288 300 |
▲back to top |
33 G.—1.
different places to where we intended. All these matters are in Mr. Smith's Survey Department, and he can explain about them. I wish that you would consider the matter so as to have it set right. One of the reserves is put on the edge of the boundary of the gold fields. The reason why it was put there was that there was some firewood. When the survey of the reserve was finished, it was found that it did not include the firewood at all, and now we cannot get this timber that we We want you to try and have the matter set right for us. I ask that the Crown grants of the reserves in the Ohinemuri Block shall issue to us. Now I will cease to talk about those matters ; I' will refer to the roads. There is one road that goes to Tauranga ; it goes through Te Paeroa Township. There is a Native settlement of twenty acres in that locality ; there is also some European land in that locality. Within the twenty acres of the Maori block is a sacred place ; there were some bodies buried there a long time ago, and it is still used as a burial-ground ; a portion of ,it is precipitous. The Council have determined to run a road right through the Native cultivations. The Maoris say, " No ; it should not be so, because you take land from us that is available for cultivation." The Council say, " We want to do it in order to make the road straight." Now, there is an European block close to it ; the road goes over it, but the road is bent, and the Council never attempted there to straighten it ; but over this Maori land they straighten it by taking it through the land. The portion where the road goes over the Maori land is called " Te Pure-o-te Rangi." Beyond that twenty-acre block is another settlement of the Natives, about three or four ores, and the road goes right through it and takes it nearly all away ; and I ask you to give some consideration to this matter. I bring this before you because the Maoris are very incapable of doing any work for their living : the Maori means of support is being able to cultivate potatoes and other
food for themselves. If this twenty-acre block is spoiled by the road, and also the four-acre block,
where is the land on which the Maoris are to cultivate ? The Natives do not agree that the roads
could be opened there. There is another road that leads from Paeroa, to Te Aroha—that is, the new
they are laying off. They have run it right through the centre of the native lands : as soon as ever
They came to a block owned by Europeans, they turned it off directly and ran it through a Native
block—they avoided the European block. When they got to a piece owned by Mr. Bennett, they
took only a very small portion indeed off it. As soon as they crossed the river, directly on the other side was a Native block of land all under cultivation, and they ran it right through that. This block on the other side of the river is about three acres, and the road goes right through it. The
present road that goes to Te Aroha goes over the block called " Te Rawhitiroa," and this new road is now laid parallel with it.
[A map was then produced by Mr. Cheal, District Surveyor, who explained the position of the in question.]
.
Mr. Ballance said that a deviation of the road should be made to suit the Natives; and, in "Lure, surveyors would be instructed to take the road with the least possible injury to the Native intivations.
Taora Tareranai continued : Another matter is, that we want to have a pound erected. The why we ask for a pound is that we can see plainly that there will soon be trouble on account the absence of a pound. The Europeans' cattle are running over our land and breaking into our ances, and as soon as they break through the fences they get into the cultivations and destroy all lle food. We have disputed with the Europeans about these matters, but because we obey the law
not come to blows over it. Some time ago the Europeans wanted a pound in Paeroa, and
e was built, but it was never authorized. The Maoris consider that the reason the pound was ever given effect to was, because the Europeans saw that they had very little land. to run their
cattle on, and they would have to run them on the Maori land, and they would not have the pound, is .it might be used for their own cattle. If you were to send anybody up there you would most likely find that the cattle will have broken into the settlements and have eaten the food. The
aces are built in the same way as the European fences, but the European cattle get in; therefore, we ask that you will authorize a pound to be erected there. If you authorize a pound to be erected here, anything that is impounded should be advertised both in English and Maori : the reason I
this is, that pakehas are not the only owners of cattle, and Maories would like to know if any
own stock get impounded. It has been seen that Maoris lost their horses altogether by having them impounded here : they did not know anything about it, and their horses were sold.
is a personal matter of my own : Some time ago I made a claim for compensation on account of land during Sir Donald McLean's time. Sir Donald McLean said to me, "Let it be till I go to Waikato, and if I hear from the Waikato chiefs that you have any claim to the land you shall have compensation." After Sir Donald McLean's death a meeting took place at Cambridge; that was in 876 ; Dr. Pollen was there as Native Minister. Dr. Pollen said at that meeting, that everything
that Sir Donald McLean had promised he would carry out; but we were to meet him in the school-
house and lay our matters of complaint before him there. I went over to this schoolhouse, and, in
the midst of the chiefs of Waikato and Ngatihaua and some others that were there, I said openly to
" Here is the word that Sir Donald McLean said to me. He promised me that when he got Waikato he would inquire if I had any claims to Waikato lands. He told me that if the Waikato hiefs agreed that I had any claim to Waikato lands he would give me some compensation for the
s of them ;"and when I made this statement all the chiefs that were in the schoolhouse at the acknowledged that I had claims. Dr. Pollen then asked me who was present at the time Sir
McLean made this promise. I said Mr. Puckey was; and Dr. Pollen said, "I will refer
matter to Mr. Puckey." After I came back I saw Mr. Puckey, and we sent numerous letters
Premier. Subsequent to that, I do not remember the year, Sir F. Whitaker came to Grahams-
and Mr. Puckey and myself saw him about it. Sir F. Whitaker said to me, "Have you not
any land ?"I replied to him by saying, " Because I have land here should I lose land that I
`in the Waikato?" After that Mr. Sheehan was Native Minister. I went to Cambridge—I for-
the year—and I told Mr. Sheehan all about this matter. He told me that after he had been to
Auckland and returned to Cambridge, then he would settle it. He went to Auckland, but I did not
5—G. 1.
![]() |
4.289 301 |
▲back to top |
G.—1. 34
see him after that up to the time that he went out of office. After that I saw Mr. Bryce; it was in 1882, in the month of January. I laid the matter before him at Ohinemuri, and he told me that he would let it stand over till he got to Wellington. After he got to Wellington I waited to hear from him. After a long delay I wrote a letter to Mr. Wilkinson, saying that I was waiting for :Mr. Bryce's reply. Mr. Wilkinson sent that letter to Mr. Bryce, and Mr. Bryce replied. There is a statement in that letter that Mr. Bryce will go into it when he comes north. When I heard that he had arrived in Auckland I went to see him, but he would have nothing to say to me. I saw in Hansard a statement by Mr. Bryce that all applications for compensation for Waikato lands should not be considered. Therefore I consider that Mr. Bryce has dealt treacherously with me. Them-fore I apply to you to give effect to my application. The writings in connection with it are in Mr. Wilkinson's possession, or in somebody else's.
Hapi Rewi said that he had forgotten to mention that there was another tapu on the Ohinemuri No. 7 Block. It has been through the Court ; five acres was laid off for the tapu. A sawmill has been erected on this tapu.
Tukukino said he would commence from the time of Sir Donald McLean. Sir Donald McLean said to him, " I will leave the land to you and to Te Hira ; all I want is the gold—that is for Europeans. If they do not find any gold they go away. All they want to do is to go and search for it. If there is any they will remain and dig." The reason he was in opposition to the Government was on account of land. That is why he obstructed in those days. The Government showed him no consideration when he at last gave up to Mr. Wilkinson. My application to you now is that the place where my ancestors are buried should be given back to me ; that place is where the steamer lands on the bank of the river. What I would like would be to have the portion given to
me from where the steamer goes on shore to the Komata River. You are the Minister for the Tatives, that is why I speak to you about this matter. If you will agree to that will you put it in writing? All I ask for is ten acres there. There is another matter I want to speak about—namely, the European who is living near me. At last I find out how bad an European can be. Had it not been that I [addressing Mr. Wilkinson) considered the way you and I had arranged matters we should have come to blows. The pakeha's name is White. This European killed all my pigs without any reason, but I instructed my people not to molest him because it had been said that if any trouble were to occur in Hauraki Tukukino would be the cause of it. [Tukukino thought that trouble of that sort should be done away with and that the European should be done away with. Tukukino then referred to the timber within the gold fields, at a place called Waitekauri, and said he had a promise from Sir Donald McLean that it should be left for him personally, and he still holds to his claim, as he has never received payment for it, and the timber on the land here has all been paid for and cut but the timber in the Ohinemuri Block, extending as far as Hikutaia, has never been paid for. he asks that the Government should give him payment for it. It is at a place called Waitekauri, at Ohinemuri. Maritoto is close to it. He includes them both in his remarks. He has often referred to this matter before, and will persist in his 'claim until he gets some satisfaction. Another matter refers to the stones in the Komata Creek. The Europeans take them out of the creek without giving any recompense for them. When they first commenced to take the stones they took them from the land owned by Te Moananui, and they (Europeans and Maoris) quarrelled about it. They assaulted each other, and the Natives took the stones that the Europeans had got in a cart, and threw them all out. The owner of the stones did not arrange with the Europeans about them, but some other people took upon themselves to make the arrangement. After they had made this arrangement they took payment on account.]
Haora Tareranui said that he would explain what Tukukino meant. These lands are not passed
through the Court ; the arrangement was made by some Natives who professed to have a claim to the land. Moananui said that had the land been through the Court it would have been all right for the people who claimed it to sell the stones. So the interpreter was told that they should go and buy stones from land which had been through the Court and of which the owners are known. The stones were wrongfully purchased, extending up to a place called Kurere, which is not through the Court. The trouble is that some Maoris give up the stones and others refuse to do so. The arrangement that he (Haora) wants to make is, that the contractors should get the stones and not pay any of the purchase-money, but an arrangement should be made between the people who sell the stones and the people who do not want to sell them that the money should be paid into the bank. The interpreter got some friends on the part of those who wanted to take money for the stones, and they arranged it by taking money on account. The reason Tukukino referred to it was because he was afraid that the principle should continue to be in existence. At the time of the quarrel with the Europeans Mr. 'William Nicholls, the interpreter, said there was no law about the matter at all. Here a Native said to Nicholls, If there is no law about it I can shoot you, and there will be no trouble about it."
Mr. Ballance : I have heard the speeches which you have all made upon a great number of subjects to-day. You have gone into a great many matters of detail with regard to roads and reserves. Many of these details are not known to me, and will require that they should be carefully inquired into before any decision is arrived at. The first speaker referred to Koniata, which is held under Crown grant. He must be aware that a Crown grant cannot be easily disturbed ;
fact, it cannot be disturbed at all. Tukukino claims to have some right to the land on the ground that it is a tapu, or sacred place. Why was the land sold in the first instance ; and why did he not put in his claim at the time? However, that shall not prevent inquiry for the purpose of ascertaining whether Tukukino has any just claim to the land. I am sorry to hear that Tukukino cannot live on friendly terms with his neighbour, and that he has met with the worst European in the land. Tukukino may be slightly prejudiced in this case, and has measured the badness of the man by the strength of his own convictions and claims. I am glad, however, to hear that Tukukino did not fight the European when he threatened him. In that instance the Maori showed himself much superior to the pakeha; and I admire Tukukino greatly for his forbearance, for that is
![]() |
4.290 302 |
▲back to top |
35
G.—1.
quality from what I had heard, which is quite opposed to Tukukino's character ; and now I hope
that in future all these questions will be settled quietly and peaceably after discussion, and in the
way that Tukukino proposes they should be settled to-day. I will make inquiry into the matters
he has referred to, and see, if possible, that justice be done. The next question is the rents derived
from the reserves and land at Mackaytown. I recognize that the Maoris are entitled to the rents from
the land which has not yet been acquired by the Government from the Natives ; it is only fair that
these rents should be paid to them, and I will see that they are paid.References have also been
made to the tapus in various blocks of land.I can only say, with regard to those, that they will
be carefully looked into and, if the Natives are suffering any injustice in respect of these tapus,
the remedy will be applied. It is impossible for me to-day to give any more positive reply until
they have been inquired into. Hapi Rewi has referred to reserves at Waihi, which, he says, are
useless, and would like to have exchanged. I will also inquire into that subject ; but I think
that some application ought to have been made sooner for the exchange of these reserves.
It is a very difficult thing to affect reserves after they are once made and after the surveys have
taken place. If there has been any mistake in the boundaries of these reserves—in excluding
the timber which the Maoris reasonably expected—I shall take care that the surveys are
rectified.Then reference has again been made to the tramway, and the Natives think that they
should receive a portion of the money from the tramway running over Native land. I am inclined
to agree with them that they are entitled to this money and that grievance also shall be remedied.
With regard to the timber reserve at Ohinemuri, I am told that some mistake has been made in
the matter, and I will see what can be done in the way of redressing that grievance. Application
has been made by Haora with regard to doing away with surveys for certain reserves at Waikawau.
I admit that the usual rule is that, when reserves are set aside for Natives, the surveys shall be
done at the expense of the Government. I do not know why an exception was made in this case ;
but I will refer the question to the Surveyor-General, and ask him why the Maoris are charged
With the cost of the surveys ; and I will inform them of the result of the inquiry. Also reference
has been made to the granting of leases to Europeans ; the Natives wish to have the power to
laese their own lands. I am expressing my own opinion when I say that I think it is desirable to
give the Natives every facility for leasing their own lands to Europeans. The Europeans can, in the
great majority of cases, occupy the Native lands with great benefit both to the Natives and to them-
selves ; and it is desirable that the Natives, where they wish to do so, should be drawing rents for
leases of these lands. Wherever, therefore, applications are received from the Natives to lease
their own lands, those applications will be received with favour ; and subject to restrictions to pre-
vent abuse, we shall assist the Natives in leasing the lands. I have heard what has been said with
regard to the question of roads which have been taken through some of the reserves and cultivaInstructions have been given to the surveyors in several cases to avoid, as far as possible, being taken through cultivations. If in any case roads have been taken through
and through reserves where they could have been taken otherwise, it has been done there contrary to instructions, or because there was no better line for the road. In one case, where the plan of the road was produced, it was shown by the surveyor that the road was taken in that direction because it would be a better line. of road—that is, it would save a great distance ; but good was accomplished, because a slight deviation was suggested by the surveyor which will, to a large extent, meet the objections which have been raised and I propose that in all cases the matter should be referred in the first instance to the Native Committee, and the Chairman of the Native committee should bring the matter before the Chief Survevor of the district or before the Resident Magistrate, and that inquiry shall take place into the alleged grievance. An application has been made for a pound. When I was in the Waikato an application was made that there should be no Pound. I suppose a desire for a pound is an indication of the advancing civilization of the Natives of this part of the country. I, however, have no power to grant the request which has been made
for a pound: that must be done by the local body—by the Road Board or by the County Council; and you must apply to the local body to grant you a pound. If cattle trespass upon your land you have right by law to sue for trespass ; and I am informed that you have not been slow to avail your-selves of the privilege in the past : that Haora, who made the request for a pound, has himself been successful in suing where cattle have trespassed upon his land. There is also a provision here in the amending Act which gives you power to impound cattle upon your own land ; and this
provision will be explained to you afterwards by Mr. Wilkinson. Now, reference has been made to a claim for compensation on the part of Haora, which, he says, was promised to him by Sir Donald McLean. He has shown that he has followed up his claim with all diligence and energy ;
and he has convinced me also that Sir Donald McLean gave him a sort of promise. I will look further in to this matter, and see what can be done. It is probable that I shall advise him to send a petition down to the House, which is the proper course to be taken in all these cases. Now I think it wes Tukukino who had referred to the timber at Waitekauri ; I do not know what right he has to
the timber there. I would like to have a conversation with him upon the subject after the meeting is over; and, if he can convince me that he has any right to those trees, I shall see that justice
is done in the matter. I cannot see that very much injury has been done in taking the stones from the creek. The Natives sued the County Council, obtained a judgment, and were successful.
the only grievance has arisen where the land had not passed through the Court, and where the
wrong person has sold the right to take the stones. I think, however, it is very probable that they
arrange that matter among themselves. I would suggest that they should refer it to the Chairmain of the Native Committee to decide between them. Where the land was passed through the
then the owners will have been ascertained, and there is no fear of any injury being done.
that is one reason why the Natives themselves should be anxious that the land should be passed
through the Court. In reference to this subject, Taipari has asked that a Court should sit here as as possible ; and I have promised that I shall do all that is in my power, and get a sitting of the Court here at no distant date. I have taken steps also that the expense of putting land
![]() |
4.291 303 |
▲back to top |
G.—1
36
through the Court shall be very much lessened in future, so that injury will not be done to the Natives in taking away their land by indirect means. On all these various questions that you have raised to-day I shall take some steps by making inquiry and seeing that the merits of the case are properly ascertained. If I cannot grant your request I shall let you know, and where I can grant your requests I shall be happy to do so.
Paora Tiunga said that he was one of the persons who caused trouble in connection with the survey of the Piako Block. The reason he objected to the survey was that he saw that trouble would ensue to the people owning the land. An arrangement has been made with the Ngatimaru, and they have laid off their boundary line ; but as soon as their line arrived at the Ngatihako boundary he (Paora) stopped it. The reason he obstructed it was that he was not aware that the Ngatihako had any liabilities with the Government in respect of their part.
Pineaha to Wharekohai said that he had no Government money on account of the Piako Block. The Ngatimaru had no money on account of theirs, and the Ngatihako had none on account of their share. The Ngatipaoa had the money. Another question is about the railway that goes round a block called Te Rae-o-te Papa. If the railway goes round there he wants to have a clear arrangement made first, as he is not clear about them taking the railway in that place. He complains about the snags that have been taken out of the Waihou River that is, where they get the eels from. He held on, and would not give them up until Mr. Bryce came, who took them away by force. The Government, through Mr. Bryce, took those things away, and gave no consideration for them. He (Te Wharekohai) will have to fell a kahikatea and let it fall into the river so as to make a place for the eels. Mr. Bryce paid the people who worked in the creek to take those things out, but the owners of them received no consideration. Te Wharekohai said that this was causing him a great deal of darkness, and if something was not done he would have to fill up that river again with trees. Now the steamers that get up the rivers are continually carrying away the banks; and some Europeans cut down a tree that had some dead bodies in the branches, and they drifted away in the river. Another complaint is about a block of land called Te Rito-o-te Atua. The person who
got it was not an owner, and the people who owned it were absent from the Court, and they did not get it. There is another block called Pohututaka, of which Te Wharekohai and his people are the owners, but it was passed through the Court and others got it. Another is Waihou No. 4 Block,
which was passed through the Court and given to some people other than the owners. He has considered for a number of years past, and decided not to break the law, so he refers these matters to the Native Minister. This Waihon No. 4 is out of their hands without any good reason. The case was decided in his absence.
Mr. Ballance : I will now reply to Paora, as he says he desires to go away. He has complained that the survey might affect his interests in the Piako Block, but he has not shown it clearly. How can the interests of the Ngatihako Tribe be ascertained unless the survey is first made ? It is the Court that has to ascertain the title, and the Court cannot proceed to ascertain the title until the survey has been made. The fact that he has not received money, and that some have received money, would not affect his claims, for the Court would have power to cut out his block and hand it over to him, giving the other portions to the tribes who had sold their land and received the money. I would, therefore, ask him to reconsider the matter, and see whether he would consent to the survey, and to the Court sitting to ascertain his title. The Government do not wish to press this matter, but will give time for discussion, and I hope they will quickly arrange among themselves so as to allow the survey to go on and the Court to sit. Reference has been made to the survey for the line of railway over the land owned by the speaker. How could the railway affect his land? His land would remain to him after the railway was made, and be more valuable than it was before. The tribes in all parts of the Island are asking for railways, because they know that the railways give increased value to the land. I am afraid, therefore, that our friend is behind the times in objecting to railways. If he will only make inquiry he will see that the making of the rail-
way does not take the land from him. Nothing can dispossess him of the land to which lie is entitled ; and I strongly advise him to ask that the railway be pushed on before he dies, although I can see that he will live many years yet. I am glad to hear from him that he has considered die advisability of upholding the law. I can assure him in regard to that statement that he is a very much better man than before, for the law will protect both him and his land, and allow not one single acre of land to be taken from him without fair compensation for it. If land were taken on which to build the railway he would be paid for that land according to its value, and therefore lie would be a richer man after the railway is made than before. As to the lifting Of snags out of the Waihou River for the purpose of improving the navigation, I am sure he will see that that meet be a great benefit to him if he has got land on the banks of the river. When I was up the Wanganui River all the Maoris on each side of the river asked that the snags should be taken out of it they were willing that the eel-weirs should be all removed in order that thet
steamers .
might go up and down. Now the value of their lands would be greatly increased, and food, which was scarce before, would be enormously increased. Then, again, his young men would find employment upon the railways and receive money ; that would buy sufficient food for them without eels. These are the opinions of the most enlightened amongst the Natives at the present time. He com-plains that the Land Court has decided adversely to him in some claims, but he admits that he was absent ; the responsibility there rests on his own shoulders. Why was he absent ? If he had been there he might have maintained his title. The Court is not responsible for absent people they ought to look after their own rights. In order to prevent people from being taken by surprise in future I have given instructions that all applications to bring land before the Court shall be submitted to the Native Committee of the district, so that in future the people will be able to learn from the Committee whether any of their lands are affected. He will see, therefore, that in all these matters ample provision has been made for the protection of himself and his people.
Hoani Nahe said that he would speak about some things that Ngatimaru wished to refer to the Minister. One is the Kauaeranga Bridge. The Maoris have no road to their land, but they have
![]() |
4.292 304 |
▲back to top |
37
G.—1.
to go on the railway-line to get to the road, Mr. Spencer's land lying between them and the road. He asks that some arrangement might be made by which they can get a right-of-way through this man's land to the main road. There is a block of land owned by a Maori through which four roads have been taken. These roads were taken over the block of land not as public roads but as private roads. The reason why they were able to take these four roads over the one block of land was because the Government gave them the power to do so ; if the Government had not agreed to it could not have been done ; therefore he asks the Government to consider this case and find a road out for the Natives. This Mr. Spencer, who will not grant these people a road, has been a member of the Council, and he has solicited the Maoris to give up portions of their lands for roads. Mr. Spencer was one who was most strenuous in getting the main county road put through over Maori land. When Mr. Bryce had a meeting, a Native stood up and said that Spencer had offered him a buggy to allow the road to go through his land. Now, according to this, Mr. Spencer really owes the Natives a buggy, and he ought to make up for this by giving the Natives a road. Another matter is, that when the Native Volunteers were disbanded they returned the rifles, except two, which were missing, but were paid for the missing rifles have since turned up, and the Natives ask to be allowed to keep them. They also ask that one of the targets that was given by Sir Donald McLean may be given to them, and also a small supply of ammunition to practice with. There is a block of land called Kahakaharoa. Before the land went through the Court it was occupied by some Europeans, but he (Naha) heard that the Government leased it to the Europeans. These
Europeans have a number of cattle running upon it, and they have cut down the timber. He thought that the rents which have been paid on that block, or which have accumulated, is a large amount. After the land went through the Court Nahe's people were found to be the owners of it. The European who was living on it was named J. Lewin. The Native owners of the land wish that they should receive what has come out of it in the way of payments for the timber, or rent. With reference to the Court to be held at the Thames, Nahe said it was proposed that this Court should only be for land about which there is no dispute.
Pepene said he had three things to remark about : the first one is in connection with Te Aroha They sent in applications concerning that during the past year. The reply was, that a Court should be granted for it, but afterwards Mr. Gill stopped it. What they wish is, that this land should be brought before the Court, and then it would come out in Court whether the Govern- ment has obtained that portion of the land. Mr. Gill said that the Ngaiterangi people sold this land to the Government. They replied, You and the Ngaiterangi come into Court and prove that." Mr. Gill said, "No ; I do not agree to have it before the Court." If this matter is brought to the Court it will be settled at once, and if they lose they will drop it. If this is not done they
continually press for a Court. They object to the hearing being stopped by Mr. Gill. What they want is that the Government should not interfere to stop the hearing. The second word is regarding Tiepa, a piece of land within the Te Aroha Block. There has been a great deal of
puting about this land. He thinks this should be allowed to go into the Court also. The remarks made about Te Aroha apply also to this piece. The third matter is regarding the hot springs at Te Aroha. He complains that they are charged when they go to bathe there. If this regulation is allowed to exist it is really overriding the original agreement that they had with the
Government. This statement about admitting them free was only a verbal one. Messrs.Wilkinson and Mackay conducted the arrangement.
Tamati said that he was one who threw open his land for the county road. The reason
was that a law was made then that the Maoris should not be charged rates. That arrangement extended wherever the road went, up to the end of the Hauraki boundary. They want to have a
distinct assurance that they will not be charged rates. The road has been laid off to go over their lands. They want the agreement by which they were not to be charged rates to be enforced in the
Another subject is in reference to the Wharekawa No. 1 Block on the East Coast. It was leased by Hohepa Paraoue and Miriama Konehu to Mr. O' Keefe. At that time it had
been surveyed nor passed through the Court ; subsequently it was passed through the Court and given in favour of two grantees. The grantees were Hohepa Paraone and Miriama Konehu. The lease of O'Keefe lapsed, and the land was then purchased by the Government—that
Hohepa Paraone's share. They have searched in the bill of the sale but find that Miriama Konehu name is not there. The reason he mentions it is that Miriama Konehu is dead and he Tamati Paetai) has been appointed by the Court as trustee for the younger child.
to Tuhi spoke about the land at Te Puriri. This land was purchased by the Commissioner with pipes and Bibles, and other trivial articles, and they now want to know how they can the land back again. He also objected to the dog-tax being collected from him. There is
matter in connection with the block called Taparahi Nos. 1 and 2. The Tairua Company
their land and it was put through the Court. He mentioned this in order that the Court right not give judgment against him. The company have done this because they wanted to include
of hauri timber in their block. The company has purchased the No. 1 Block, but No. 2 is
in the hands of the Maoris, but the company have taken in a portion of it. Another matter concerning a block of land at Oroua. The old survey has been ignored altogether, and the new has been put in another place.
Tamati Waka spoke about Wairua to Rangiatapu, over which a road has been run by the
He thinks the road through the Totara should be sufficient, and that the other should not gone on with. Another matter is in connection with the final payment on the Moehau gold field
The Government has some money that he ought to have.
Wiremu Turipona said he wanted to speak about the lighthouse at Pokohinu, to which he has It is for the Government to prove that he has no ownership.
Land between the eastern boundary of Te Aroha Block and the western boundary of the Katikati and To
Purshase.—G.T.W.
![]() |
4.293 305 |
▲back to top |
G.—1.
Te Meremana complained that the Government had paid everybody except him for taking a water-race over the hills.
Hakipene Hura spoke about Hikutaia No. 1, that was sold by two Natives, and a number of owners did not agree to the sale. That European, to whom it was sold by the two, took possession` as a gum merchant. The land was not leased, and when that European failed the creditors seized the place he was living on as an asset in his estate. He (Hakipene) wants it returned to the Native owners. That piece of land is within the boundaries of the block owned by the Natives. [Hikutaia No. 1 Block.] Another matter is about the land taken for the railway. Ohoupo Nos. 1 and 2 are the pieces in dispute. He has applied to the person in charge of the railway line to pay him for that piece, but has not got the money. Another subject he has to speak about is the kauri timber on Hikutaia No. 2 and Whangamata No. 3 Blocks. These lands were put through the Court at Short-land, and the Government then purchased them. Fourteen owners received payment, and four were allowed to receive a separate payment on account of the kauri timber. There were two purchases, one for the timber and one for the land ; fourteen were paid for the land and four for the timber. The twenty-seven people did not get any payment for the kauri timber. These twenty-four were the owners of Hikutaia No. 2, and thirty were in the Whangamata No. 3 Block. Thirty owners obtained payment for the land, and four only obtained payment for the timber, and these four who got money for the timber were part of the thirty who got payment for the land. He thinks the Government ought to consider this matter, and pay the others who did not get so much as the four.
Matiu Pono said he would refer to the matter spoken of by Meremana—namely, the water-race. Some landowners, over whose land the race runs, have been paid, some have not. His (Matiu's) portion was not paid. For about a mile it runs over land owned by himself and his hapu, which has not been paid for, extending up to the reservoir within the gold fields. There is a piece at the reservoir owned by his and another hapu. The reservoir is owned by them. They have never been paid for the water going over their land, and their land has suffered by caving-in and other matters through the water-race being opened over it. Sir Donald McLean promised that the matter should be settled some other time. Matiu Pono went on to say that he was ready to give up land for roads without asking for payment. He has received a notification from the Thames Borough Council to pay for some land at Tararu. There are a number of them who have claims to land over which the road goes at Coromandel, and they have been asked to pay rates. They have given up the land for nothing for the roads, and do not think that they should be charged for rates, and ask that the rates should not be enforced. He (Pono) would not agree yet that the land over which the railway goes should be surveyed. With reference to the land that has been surveyed in the past, the surveyors have asked the Maoris to write to the Government requesting them to pay the surveyors for their labour, that the Government should settle with them. He would agree to this if the Government would lay no claim to the land, having paid for the surveys. If the Government do not put the payment they make to the surveyors as a lien upon the land he is willing that they should pay them. Another matter is about the Europeans who go out and catch fiat fish on the mud flats. All those mud fiats are owned by the Hauraki people. He wishes the Minister to stand up for them in this matter.
Epeniha said he would speak about the reward that has been published for the finding of gold in the Thames District. Asks that money should be paid to no other people than those of Hauraki.
Mango said that he gave up his land for the gold to be worked, and considered that he should have been paid money when the gold was got. Mr. Puckey was appointed to pay the miners' rights fees to them ; but, after he left, the payments on the three blocks—Kauaeranga No. 13, Pouhau, and Tutukaka—dwindled down to almost nothing. When Mr. Wilkinson was appointed, he claimed from him payment on account of Kauaeranga No. 13, but never got it. After Mr. Wilkinson went away he demanded it from Mr. Kenrick told him that there was no revenue from there. The money he gets from Tutukaka is very small ; it is only for residence sites ; but he considers that it is not right that he should be put off with only the fees for residence sites. Some of the lands that they gave for gold mining are now lying idle, and they want the Government to remove the Goldfields Regulations from those lands where there is no mining.
Ngapari said there had been a, road taken through a tape, to which he objected. The Europeans climb up and go over it, and when the fence is broken by Europeans climbing over the cattle get in. He wishes the Minister to give effect to the tapu, to keep people from going on it. When Mr. Sheehan was Native Minister he spoke to him about land called Te Mauuka : he did not
the payment for it. During Mr. Bryce's time he applied for a payment of Native revenue
Grahamstown.
Native (whose name could not be ascertained) said that he applied, in 1874, for deal in some land. The people who made the order said that they had leased.The oystock is.Tapapa No. 1, at Te Puriri. He put the land through the Court. Has never the in the absence of the map. Another matter is in connection with a block
Te he applied for the shares of some dead people, but never got a hearing. name of the asked for a Government medical officer at Coromandel, and asked that the left orphans theestored to Dr. Hovell. Another matter is with regard to people getting interest in the lares of their lands ; think that these people should pay a license-fee to the house had been
a trustee for eight children of a man named Utuku ; the
interested is Pnkewhau. When their father died and they were
and asked that he (Raika) should dispose of their parents
house, to which he agreed. When he signed the deed
signed he asked for payment of the moneys in the
![]() |
4.294 306 |
▲back to top |
39
G—1.
bank. He (Raika) referred the matter to the Chief Judge, who requested him to send a copy of the deposit-receipt of the bank, which he will have received by this time. He (Raika) thinks it would be well if the money were forthcoming, in order that he can pay for this house for the children. The house is finished, and the carpenter has been good enough not to press him very much for money. He has applied to the carpenter for the bill, but has not been able to pay it.
Himipuru said he wished to speak about the money that he should get out of Te Aroha Block. Previous to the investigation of this block by the Court it was arranged that he was to have this money, but before he got paid the money the land passed the Court, and he was absent, having received no notice that the land was to be put through the Court. When the land went through
the Court, all his claims on it went with the land, extending up to a portion of the block called Manawaru, which was given by the Government to some other Natives than the owner. The way that land was put through the Court had the appearance of robbing the Natives. He would like to know whether his name was to the original deed of cession of the Aroha Block ; he is waiting to know if he is to go to get the money ; he wishes that the Government should pay him now in satisfaction of his claims that were lost to him by that investigation, of which he did not receive any notice.
Parata to Mohu spoke in connection with the gold field at Manaia, which is owned by them : it is land that has not yet been passed through the Court or surveyed. When the Hauraki gold field
was put through the Court there were no surveys then, and the money was paid to Taipari and some others. He does not want to have that block surveyed; and if there is any money to be paid on account of that gold field he wishes it to be paid to himself for the people. The only surveys on it are the surveys of men for their claims. He has no money to pay for the surveys.
W. H. Taipari complained that they were to be rated on account of the road for a distance of forty or fifty miles from Tararu right to Te Aroha. He referred to the county road. These are people of whom it was said they were not to be charged any rates. What Matiu said with regard to the matter is right, and also his statement about the fish. He (Taipan) has seen his lawyers about it, and asked them to summons the men who get the fish ; the lawyer said that the best way would be to send a petition to Parliament about it.
Mr. Ballance : Taipari has made a very good proposal—that the grievances which have not now been dealt with should be held over till I return again. I think, however, that you have brought forward a pretty good list of grievances, and if you get them answered you ought to be pretty well satisfied. I can conceive no grievance which you have not introduced to-day. You have referred to so many that you have introduced the same thing over and over again. I will begin by referring to the grievances brought forward by Hoani Nahe. I can hardly call them grievances, because they are reasonable requests. I am sorry that the Volunteer corps has not been maintained in this district ; but I am glad to hear that, although you are not still enrolled, you are acting the part of Volunteers. I would like to say more upon this question of volunteering, but I have not time. Hoani has asked that two guns, which were paid for, should be allowed to be retained by the Volunteers of Hauraki. I think that is a very proper request. I am quite willing they should retain them; in fact, since they have paid for them, they may be considered their own. As to the request for a
target, that also I shall grant. Hoani has referred to the land leased by the Europeans ; that matter I shall look into. He wishes to have the Native Land Court as quickly as possible, but thinks that no land should be brought before it which is in dispute. I do not know what he alludes to; because after all most land that is brought before the Native Land Court is in dispute. I have said that the Native Committee may materially assist in settling these disputes, so that, when the land does come
before the Court, there will be little difficulty. Pepene has referred to some land at Te Aroha, and he thinks that the Government should not stop the hearing ; he shows great confidence in the LandCourt, and is willing that the Land Court should settle the dispute between himself and the Government. He also refers to another block of land called Tiepa, and is willing that the Land Court should also there decide. It is a very fair challenge on his part, and I accept the challenge : the matter will not be stopped, but will be allowed to be settled by the Land Court. If the Land Court awards the land to the Natives, well and good. Then, he referred to the hot springs at Te
Aroha, and thinks that the agreement has been broken, on the ground that a small charge is made to the Natives for admission to the springs, but the charge only applies to some of the springs; the others are free to all. Then, in the case where the charge is made, no distinction is made between the
Europeans and the Natives. The charge is a very trifling one, and has been put on simply to pay the cost of the improvements which have been made. The springs have been enclosed and made Private for those who use and enjoy them. Why should the Natives therefore refuse to pay a small
sum when the Europeans are willing? I hope they will look at this matter in a reasonable light, and see that what has been done is a very reasonable and fair thing. I do not agree with him that
the agreement has been broken. They are open for everybody. The charge that has been made
only to recoup the cost which has been incurred in improving the springs which attract people to the district, and really enhance the value of the land which belongs to the Natives. Now, Tamati has alluded to the county road, and thinks there should be no rates upon the land. I am aware
that there are no rates now imposed on it, but the law requires that, when the titles of Natives are dividualized, then rates may be charged, and the reason is this : that the road improves the value the land, whether it belong to Europeans or to Natives. If the Native lands derive benefit from
he roads, why should they not contribute to maintain them ? But it was said that an agreement
as made that no rates should be charged when the land was first handed over. I cannot under-
and that such an agreement should have been made, because no private person has a right to say
that the law shall not be enforced. I think, therefore, it is only reasonable that, when the Native his title to the land, he should stand in exactly the same position as the European.
wherever I have gone the Natives have made that one request invariably—that there should be no
made between them and the Europeans. With regard to the land that has not been passed
the Court, or which is held by a great number of people and cannot be used, that is a different
![]() |
4.295 307 |
▲back to top |
G—1. 40
matter; and I think we should be very cautious before we ask the Natives to pay rates where they cannot use the land. So far I agree with them. Tamati has also said that one reason why the Natives should not pay rates is because they have no wealth, but the Natives are really more wealthy than the Europeans. They may not have more money to spend, but they have more land, and land is the great source of wealth in every country in the world. I hope you will turn your land to such account that you may reckon yourselves to be the wealthiest people in the colony. If you squander our land you wi l l soon be poor: if you use it properly you wi l l have plenty of money, and be ableYo bccome wealthy. Reference has been made to certain blocks of land. I have no particulars or fact's regarding this land that you have referred to to-day, but i n al l those cases I shall refer the matter to Mr. Wilkinson, and ask him to make an inquiry into the facts; and then, if there are any real grievances I will see that they are redressed. I have placed on record all that you have said with regard to those blocks of land to which you have referred. None of your speeches shall be lost sight of; al l that you have said will be carefully inquired into, and you will hear further with reference to them. The Rev. William Turipona has referred to a lighthouse on land which he claims as his own. I would like to say, with regard to that, that the fact that a lighthouse is erected upon land does not mean that the land has been taken from the Native owners, and therefore, when he saw the lighthouse, it was no evidence that the land had passed from him, if it at the time really belonged to him ; but I am informed that the land does not belong to him, but really belongs to the Crown; and if the land does belong to him, it is for him to prove it. I am only giving him the statement which I have received; and, if the land does really belong to him, I have no doubt he will be able to make good his title. The matter of compensation for land taken for the railway has been referred to by Hakipene, and a Government officer told him that he was not prepared to pa the money, if I understood him. I will inquire into this subject and see that the money, if it is due, is paid over. The Government compensates the Natives for l and taken for railways, and, if the land was taken from any Native, the money will be paid to him which has been awarded as compensation. The same remarks will apply to the water-races which have been referred to; I will inquire into that subect and see that any money which is due is paid over. Matiu Pono and Taipari have referred to flat fish, and another Native has referred to oysters. This is a matter of law, whether Europeans have a right to fish on the foreshore. They may have a right, for they have a right to fish in the ocean. I will make inquiry, and find out whether really they-have any rights or not. I am inclined to think they have rights—that you cannot prevent them by law from catching either fish or oysters. Then, again, reference has been made to roads over the tapu country. I referred to that before, and told you that the surveyors had received instructions to be very cautious where they took roads. In all these matters, if you bring your complaints before the Government Agent, they will be carefully inquired into. Hohepa has applied for a Government medical officer at Coromandel. At one time a small sum was paid to the medical officer there for attending the Natives, but I am told that the climate was so good, or the Natives so very strong that the servi ces of a medi cal man were not really required, and the doctor had so little to do that the Government thought it was not worth while to pay him £25 a year for doing next to nothing, I congratulate the Natives of Coromandel on their satisfactory condition, and I hope that they are not now in a worse state than when the services of the doctor were not required. I may say generally, with regard to the services of medical men, that where the Government find the Natives require the services of a medical man, they are willing to pay for them, and when representations have been made to us that there has been sickness amongst the Natives, the services of a medical man has always been called in. If we should find therefore, at any future time that the Natives of Coromandel require the services of a doctor, we shall see that they are placed at their disposal. Te Raika has referred the fact that he is trustee for eight children, and asks that the Government shall see about money that is coming to them. I shall make immediate inquiry into that matter, and hasten the payment of the money, so that the house which has been built for them shall be paid for. With regard to the Manaia gold field, I am told that the money cannot be paid until the owners of the land are ascertained. The money is now in the hands of the Warden awaiting the information which will enable him to pay the money to the rightful owners. I shall, therefore, ask Parata to assist in pushing on the survey. He says he has no money for the survey, and that is the reason why it does not go on; but I think there should be no difficult in getting the money advanced or inducing some private surveyor to undertake it, if they know that the money is in the hands of the Warden, and will be paid over to them when the survey is made. They have only to arrange that the money shall be deducted for the cost of the survey out of the first moneys coming to them. I have now gone over most of the questions which have been referred to. I have told you that, in reference to those matters that concern the titles of land they shall be inquired into. I have not now the information at my disposal which would enabfe me to give you final answers, but none of those subjects shall be neglected. As I have said I hope to have the pleasure of seeingyou at no distant period; it may be before the next session of Parliament in June, but I am not certain; it may be deferred until after the session, but I shall be happy to receive from you at all times any letters asking for information or the redress of grievances. I again recommend you to use your Committee for the purpose of assisting yon in inquiring into these matters. It is the desire of the Government to encourage and to strengthen these Naive Committees, so that they may assist the Government in the work of administration, and be of use to the Native people. I explained to the Committee this morning the larger powers we propose to confer upon them, and they will explain that to you. I hope we shall get on well in future, and that permanent peace and friendly feeling shall be established between the two races. I can assure you that it is the strong desire of the Parli ament to make laws which will be of equal benefit to the two races; and when any of you feel that you have suffered an injury, your best recourse is to the law. The Government is strong to assist the weak; and it is my earnest desire to so administer the Native Department that no one shall be able to say we have acted partially or with favour, but that all shall be-treated with equal justice.
Mrs. Ripeka Turepona said that she had put in some claims to the Government for some land
![]() |
4.296 308 |
▲back to top |
![]() |
4.297 309 |
▲back to top |
![]() |
4.298 310 |
▲back to top |
![]() |
4.299 311 |
▲back to top |
![]() |
4.300 312 |
▲back to top |
![]() |
4.301 313 |
▲back to top |
![]() |
4.302 314 |
▲back to top |
![]() |
4.303 315 |
▲back to top |
![]() |
4.304 316 |
▲back to top |
G—1. 36
before Parliament sits ; so that you will have the recommendation of the meeting. Therefore, as I have already said, I shall not touch upon any of the points that are deemed acceptable in the past Acts, as that is to be reserved for further consideration. If there should be any other points on which the Commissioners desire that I should give evidence, perhaps they will put questions to me.
482. Mr. Rees.] In cases where dealings have been just and fair between Europeans and Maoris, but where by reason of the difficulties in the Native-land laws some trifling thing has been omitted, would you be in favour of a law being passed to remedy such technical defects where there are no disputes between Maoris and Europeans as to the fairness of the transaction?—What I think is that in such cases all sorts of disputes should he brought before the Court I have already mentioned. In the beginning of my evidence I stated that that Court should have large powers for dealing with such matters regarding all leases and so forth, and that the Court should have power, where it saw that the transactions were proper, to cut off a portion of the land equivalent to the money that had been paid; and whatever the Court determined was the proper way of adjusting such matters, they should have power to give effect to that adjustment.
483. In cases like the Whangara case at Gisborne, where the Natives and the Europeans publicly made an agreement: so much land sold—so much leased—and where it seemed to the Court fair, would you give it power and authority to issue titles 2—If arrangements are made and reduced to writing between the Europeans and Natives with regard to portions to be reserved, the portions to be leased, and the portions to be sold in a block of land, the Court I have referred to should have power to confirm such arrangements, because it would be, under such circumstances, quite possible to produce the document showing the assent or otherwise of the parties.
484. In cases where several of the parties lived at a great distance, if a large majority of the Natives came into Court and testified in the presence of the Court that such arrangements were made, and the Court saw that the interests of the absent parties were being cared for, would you hold that that would be sufficient for the interests of the Court?—Yes. I think that where a large majority of the Natives would appear in Court, and where some were unable to attend owing to their great distance from the place of sitting, the Court should have power to act on the will of the majority, taking care, of course, to protect the interests of the absentees.
485. Can you tell us whether it was the custom in the olden time of the Maoris that every man, woman, and child had to give assent and sign documents for every transaction?—In former times it was necessary in land dealings that everybody—persons of importance and persons of very little importance—should sign. This is the way it was: Supposing there was a hapu and I was the chief of the hapu, and that the younger members of the family were with me, I as chief of my hapu would first speak to the people of my hapu and the people of the tribe. I would express to them my opinion that this land should go to a certain person—should be transferred—and I as chief would give my reasons for saying why the laud should be so disposed of. Then, after that, I as chief would have the power of disposing of the laud myself. My word would be final. Having in the first instance explained the proposal to the people, no one would then have the power to object. Then, in more recent times, when each person's name is written in the certificate of title or Crown grant, it became necessary for each individual to be a party to the transaction. In some tribes they still adhere to the old custom I have mentioned. Then, others have abandoned altogether the old system and adopted the European method.
Do you think it would be wise to return in a certain sense to the old custom, and let the people all know everything which was being done, but let a few be chosen to act with the Government Commissioner in carrying out the will of the people in leasing, mortgaging, selling, or anything else—that everything should be public?—Does that question relate to lands over which the Native title is still unextinguished or to lands that have already passed the Court?
My question relates to both, but you can distinguish between the two if you think proper? —This is my reply with regard to lands that have not passed the Court: that in their case they should remain in their existing state, and that there should be no surveys and no Courts. I know where the difficulty will be in such a scheme as that. The Natives see that great evils befall them through the Native Laud Court, and through the Survey Department, and through litigation generally. I can explain to the Commissioners where the difficulties are that the Natives complain of with regard to surveys, and with regard to the difficulties of the Native Land Court. I am aware of the price that the New Zealand Government is paying in purchasing from the Natives-2s. 6d. and 5s. an acre are the prices given. Besides, when the Natives get their lands surveyed, the survey of the block will in some cases amount to £500 or £600. That is only for the external boundary. Then come the internal subdivisional surveys, and these amount also to a very large sum, perhaps another £500 or £600. And then, before these subdivisional surveys are made, there are large sums to be paid by the Natives for Native Land Court fees, and for agency purposes, and for other expenses incurred ; and all these outlays are to be met from the 5s. an acre that is derived from the sale of the land. Then, if the Natives sell, the proceeds of the sale are to go to pay these expenses, and the whole of the land is absorbed in this way, nothing being left for the Natives. This is the effect of the system that at present prevails. But the Maori is in this position : He does not know what to do, the laws having been passed under which he is to act. That is the reason why I think the Native lands should remain in their native state until some better course is discovered, and a simpler way of dealing with them. There are many difficulties that arise under the existing system. One of them is this : Supposing that I have a Crown grant for a piece of land and I wish to lease it to a European. The European has paid a large amount of duty to the Government, and that then reduces the amount the Native wilt get for his land; mid that is the reason why the Natives get very little for their land. So much has to be paid for duty in the first instance that but little is left for improvements, and consequently people are afraid to attempt to acquire Native land at all.
![]() |
4.305 317 |
▲back to top |
488. With regard to lands that have passed Maoris—large blocks with many owners—do you not think it would be wise for a Committee to be chosen amongst the owners, who should choose their own reserves, and for the rest of the land to be leased by this Committee chosen by the owners, which would act in conjunction with some Government Commissioner for the benefit of the owners?—That is a very good plan; but where I
think the difficulty would be is this: When the title of the land was being investigated, the Court should have ascertained the individual interest of each person. If that were done, then the course would be perfectly clear, but, because in many instances that has not been done—the determination of the respective interests—there is trouble afterwards.
You think that if the respective proportions of the owners were settled so that it could be known how much each individual claimed it would he a good plan for the Government Commissioner to see they distributed the funds properly?—Yes. I think that would be an excellent plan: so soon as the respective interests of the parties were ascertained, that the Committee, acting along with the Government officer, should see that the proceeds of the land were fairly distributed amongst the owners. That is what has created so much trouble and creates trouble at the present time—that is to say, that the individual interests have not been ascertained by the Courts at the original hearings, because, of the Natives interested, some claim large interests and some claim small interests in the same blocks.
Would it not be possible for the Natives to arrange amongst themselves in runanga what the respective interests are in the block ?—They could not ascertain that if they were sitting in a non-formal manner, but, if there were scene tribunal they were to go before, then they would be prepared and could then do it.
Would the Maori Committees of the district help them at all?—I think that the Court I mentioned, composed of two Assessors and a clerk and an interpreter, would be suitable for ascertaining the individual interests, and with such a Court the Natives would arrange and discuss these matters prior to going before it, and to that extent would facilitate the business of the Court. And then the few who would be obstinate or difficult to deal with could come before the Court, and the Court would settle their interests. But a great deal might be done by the Natives themselves outside in runanga.
492. Do you think that the Maori reserve; which would be cut out for the Maoris should be made absolutely inalienable both by sale or lease, so as to preserve them absolutely for the Maori families ?—Yes.
Then, supposing there were certain men among the Maoris like yourself, or Wi Pere, who have sufficient skill to manage for themselves. and they wished to have sheep-farms, do you think it would be wise for the Government, under certain restrictions, to advance money to enable them to cultivate for themselves outside of the Maori reserves?—I believe that if some such idea as that were carried out it would be very good indeed. because now there are large areas of Native land that are practically useless to the Natives. The money should not be given to the Natives, but it should be disbursed in such a way as to be spent in the actual improvement of the land, a proper account being kept to show the outlay that has been made. I would also have it that these accounts could be seen by the Natives, so that they would know what amount of money was being spent in improving their land; and this would cause them to be industrious and energetic in working and making the land productive, in order to repay their indebtedness to the Government. When they were able to repay the Government in a short period of time, of course the Government would give them a written document saving that their was removed; but, if the debt remained on the land of the Maoris for a long time. interest, at a moderate rate, should be fixed by the Government.
Do you think it would be a good plan for the Government to retain a small percentage of the proceeds of the land after paying for the surveys—say, 10, 15 or even 20 per cent.—in order to provide schools, or any things that the Native Committees in the district might deem advisable for the general purposes of the Natives?—And this money would be kept out of what?
Out of the rents arising from the land every year, and retained in order to provide for any thing that the Natives might want. Of course, that is only a suggestion for volt to consider?— There are many things that the Natives have done in the way of giving lands for schools and for missionaries, and the Natives see that. through there lands being set apart for such purposes, a lot of dissatisfaction has arisen. For my out, part. if I were leasing good land, say for twenty-one years, I would be quite satisfied to allow the Government a certain commission for carrying out the transaction on my behalf, because a great deal of trouble and difficulty exists throughout the Island on account of leasing and other transaction; carried on between the Natives and private parties.
496. Mr. Mackay.] Would you be in favour of leasing land to the Government in place of selling it would be satisfied that the Government should be the agent in obtaining the leases. I do not think that any trouble would arise if the Government would act in that position. Where the trouble arises between the Europeans and the Natives in the matter of leasing is that the Natives can get advances on account of the land from the Europeans, saying that they will repay them when the rent is due. in that way the Natives get involved in debt, amid there is only a small amount of rent to meet their liabilities. That is the reason why I think, if the Government disbursed the money among the Natives, there would be none of this trouble. And the Government could retain a certain percentage of time veto to recoup itself for the cost of administering this land.
497. What would your opinion be of a plan by which the Government was to lease whatever bed would be disposable for leasing from the Native owners, paying them a rent to be fixed between the Native owners or their trustees and the Government agent, and then the Government dealing with that land as it thought best, the Government also undertaking all the expense of subdivisional surveys afterwards, and also of reading throughout the land wherever settlement could be effected? —That is a very good question, and in some instances, where the land would be valuable, the
![]() |
4.306 318 |
▲back to top |
Government would be able to get enough from it to pay the expenses ; but in other cases, where the land would be bad, tire Government would not be able to get enough to pay the expenses it would incur in reading and cutting up the laud. That seems to me to be a difficulty, but it is a matter I would like to consider further, and then, in a day or two, I would know better how to answer the question. \\\\'bat I am afraid of is that in cases where the Government would not get enough to pay for the expense the Government would then charge these expenses, for making the roads and so on, and take the land for these expenses.
I mean this : Here is a block of land in its natural state that the Native owners' wish offered for sale or lease; say, they prefer to lease, and that the Government proposes to. lease it from them at a rent per acre to be settled between the trustees or the Native Committee and the Government agent, and that that would be a rent in perpetuity for the cession of the land to the Government, the Government then going to the expense of its subdivisionat surveys and of laying.off the land in suitable farms, in us, or whatever else it was fit for, and incurring the expense of doing all this, no matter whether it paid the Government or not ?—If iE would be carried out in that way clearly, so that the Government had no claim against them,
would let the land. It would be a very good arrangement, but then perhaps the Government would not speud rent on inferior land.
Mr. Recs.) Of course it is to the interest of the Government to get the land settled. because it obtains taxes from the people, and the land provides employment for the people ?—r-think it would be a very good plan.
Mr. Mackay.) It would simplify dealings with the Native owners, and then, too, there would be no complication as to cost of subdivisional surveys and preparing the land for settlement. I know from experience that the Natives grumble immensely at these costs, which have to be deducted from their rents—in fact, spread over years ?—It would be well to let the Natives know what the Commissioners report to Parliament, so that they might have the general scheme before them, and so that it would be seen that the project. about leasing is as clear actually as you mention here. The Natives could then see exactly what it is, because this work of the Commissioners is a new work and a good work.
Mr. Rees.] I have spoken with Mr. Mackay, and I think I may say we have agreed that it would be advisable to put our report into Maori directly it is available, and to have it circulated amongst the Natives—to publish it, in fact, in the Kahiti?—That would be very satisfactory—to have all these matters put clearly, and so that good would eventually result from the action taken by the Commissioners.
Do you consider that, under the laws existing now, it is at all likely that any good settlement can be come to between the Natives and Europeans with regard to the lands of the former?—I do not see that any good will come out of the laws as they are at present. We have all sorts of titles : Crown grants, certificates of title, and memorial of ownership, and there are so many complicated laws that the Natives do not know the effect of their Crown grant as compared with a memorial of ownership and a certificate of title. I have some trouble myself in hand, of which You know, over some litigation in which I am concerned with the New Zealand Timber Company. The difficulty was on some point raised upon the Crown grant or memorial of ownership; and the power and effect of that particular title I did not understand. Then, when it came before the Supreme Court, I lost the case, the Judge saying that the memorial of ownership was not of great effect, and that if, instead of a memorial of ownership, I had had a Crown grant for the laud. I would have won mv case. Thereupon I saw that there was a difference between a memorial of ownership, a certificate of title, and a Crown grant. The Maoris generally are in the same position of perplexity ; they do not know the relative values of these titles. That is the reason why I was saving of these difficulties that 1 do not think any good will come out of the Acts as they are at present, and why I said in the beginning all the Native land laws should be swept away, and that definite titles should be issued—say, Crown grants—the Court to simply issue Crown grants and nothing but Crown grants in all cases. Where there would be an advantage in it, the Court could allocate different portions to the different owners, awl give them a Crown grant as a title.
JAMES Mamar sworn and examined.
Mr. Rees.; You are a licensed interpreter ?—And land agent.
What means of knowledge have you had, and what experience dating back in time, in relation to Native land cases in New Zealand ?—Thirty-three years. I commenced to deal with Native land for the Government in February, 1858.
50G. Where ?—At Nelson, and also extensively in this Island for the Government, and for private individuals as well.
Can we assume that since 1858 von have been directly and indirectly connected with. Native matters ?—Yes ; I was acting front 1858 till 1869, and engaged in all Native »tatters that the Government had in hand.
What purchases did you effect in Nelson and Westland ?—I purchased the land from a place called Kahurangi Point, thirty miles south of Cape Farc:well, down to Milford Sound, and extending inland to the watershed range.
About what area ?—Seven and a half millions of acres ; and, in addition, for about two and a half millions of acres on the east coast of the Province of Marlborough, from near Awatere to the Huruuui River.
For the Government?—Yes. Besides that I had to clear up all omissions in connection with Sir Donald McLean's purchases. He made large purchases adjacent to Cook Strait, and there was a great deal of unfinished business I had to attend to. Besides that and goldfields work I filled the position of Assistant Under-Secretary, which position I held up to the time of the Waikato war.
![]() |
4.307 319 |
▲back to top |
39
G.—1.
511. Did the purchases made by yon on the West coast of the Middle Island contain the gold and the coal-fields now being worked in that Island?—Yes. I may state that in 1857 I took the first piece of coal seen in Nelson from the site of the present Brunner Mine. Mr. Brunner found coal in 1817. I found it in 1857.
512. What was the price paid fur this land ?—Three hundred pounds, and 10,000 acres were reserves
i There were only about a hundred and ten Natives in the whole district, It
set aside as
was practically unoccupied territory. Sir Donald McLean was of the opinion that there
handful of Natives altogether—about thirty—and I was sent down to deal only for 2,000 of reserves and £200. But they wanted to here reserved for themselves all the hand between the Grey and Hokitika Rivers to the sources of both—the most valuable portion of the land. I came back in 1859, and saw Governor Gore Browne. He said it was an absual price, but that it was his duty to see that there were sufficient reserves. His words were : " The reserves would be of greater valu to the Natives when the rest of the district was occupied than if the whole country was left in its then condition." The country on the East Coast was all pastoral land. It was a partly overlapping purchase. It overlapped some of the work which Mr. Hamilton, Collector of Customs, had done at Canterbury. All the money I gave to the Ngaitahu was £30C and 10,000 acres of reserves.
Can you state what is the rent now received by the Natives from time to time for the reserves made for them on the west coast of that Island ?—I cannot say. I had nothing to do with the leasing of these reserves. They were all leased after my time.
Still, yon can say they are of considerable value ?—Yes ; but I fancy from what I heard when down on the Grey a few years ago the rent has been reduced. The reserves on the ease coast of the Province of Marlborough were dot dealt with so far as I know.
515. You had to make several of the arrangements with the Natives, had you not, about the goldfields iu the North Island ?—Yes ; I procured the cession of all the lands ceded to the Crown except the Tokatea Block—that is to say, in the district extending from Cape Colville on the north to Te Aroha Mountain on the south, and including the Thames and Coromandel Goldfields.
516. I believe that up to the present time you have hen engaged in Native matters, and are still so far as there can be said to be any Native matters now?—Yes. I may tell you the manner in which I conducted the negotiations for the goldfields, as it will throw light on our dealings with Native lands. That peninsula of which I have just spoken was held by four divisions of th Martutuahu Tribe, commencing, at Cape Colville on the north, and ending at Te Aroha on the south and these four divisions were known respectively as the Ngatimaru, Ngatiwhanaunga, Ngatitamatera and Ngatipaoa. The holdings of these divisions of people week all interlaced, here a strip belonging to one, there another strip, and then perhaps a long patch belonging to another tribe. We had no Native Land Court, and only a surveyor or two. I went on the ground and arranged not only the whole of these boundaries between these four large divisions of the tribe, but also the hap boundaries. I firstly walked the ground, getting individuals from each tribe to accompany me.
would say, " Now, then, where is that boundary?" Sometimes they would agree as to when it was at other times they would not. I eliminated from it all they agreed upon, and then took disputeded points. I will give you an instance of how we settled these things ; it relates to only a small
piece of ground. disputed portion began about a mile front the beach. They agreed as to th boundary from the spur to the main ridge. Then one patty contended that the ridge was the boundary, while another held that a neighbouring stream was the boundary, the distance betwee the two places being only 44 yards. I asked how long they had been disputing About this They said, " About seven generations." I remarked that it was a trumpery piece of laud to be disputing about for seven generations. I ascertained that the dispute began shortly after the into: marriage of a man and a woman, one each of the contending tribe; and it seemed that the mau ha gone. upon the woman's land, and the woman upon the man's land. As a rule the husband acquire no right to his wife's land : they separately remain and are known as the man's land and the woman's land. After discussing the affair for half the day I put in my peg midway across the disputed portion-22 yards front ridge and stream—and thus settled the dispute. In this wa I settled matters; and generally compromises of this sort were agreed to. There were many other difficult cases to settle—very old-standing disputes. In fact, when Dr. Shorthand because Native Secretary, and I was appointed to be Civil Commissioner for the Thames district in his place, I left me four or live of what he called Native legacies, saying, " If you settle them you will be very lucky fellow." At any rate, I did manage to settle them.
517. What was the method of dealing with the Native people in those days?-1 dealt the old land-purchase system in the Middle Island, and was mainly engaged there in fixing up the reserves. Generally what the Government was most particular about was that the Natives should have ample reserves, and that was the first thing we were instructed to do—see that the Native had proper reserves. After the Taranaki war it was thought better to have some tribunal dealing with the land, and the Native Land Act of 1862 was passed in consequence.
518. That was to decide as to who were the proper owners ?—Yes ; because it was said that proper care had been taken to inquire as to the owners in that case the war would not have
Both before and after the establishment of the individual title, what was the real meth of dealing with the Natives themselves ?—We simply used to call meetings of the Natives, telling them we were willing to give so much money for certain land. Perhaps the arguments would days and weeks at a time, but agreement would be come to at last, and then, when the reserve were fixed up, the deed would be signed by all the Natives present.
Did every man, woman, and child who was interested sign?—Yes, every get hold of, once they were satisfied with the purchase.
In many instances were not those who signed representative people ?—Some of the old deeds were signed by only a few people, but in later years we got as many to sign as we could.
![]() |
4.308 320 |
▲back to top |
•
40
As a matter of precaution?—Yes.
I suppose when the matters were all done in public in that way, and were thoroughly understood, there never was very much difficulty afterwards, no matter who signed the deeds? —They were thoroughly understood, and the chiefs then had a power they have not now. The Native Land Court put in all the rag, tag, and bobtail, and Jack became as good as his master. That is one of the effects of the change.
Would you say it is a good or evil effect?—It is very questionable. It has its advantages, but also its disadvantages, it strikes me. You see the Natives became suspicious at the practice of putting in these ten names of quasi-trustees in the grant, but with none of the liabilities of trustees; and, as a result, these individuals in many cases made ducks and drakes of the purchase-money.
As in Hawke's Bay. for instance?—And in many other places I have seen instances in which the chief has handed over everything perhaps but to the tribe, and left them to divide it amongst themselves. I have seen Moauanui, at the Thames, do that.
Still, he kept the authority (mana) to dispose of it?—Yes.
In your opinion, supposing the ten persons whose names were put into the grant under the Act of 1865 had been treated as trustees, and forced to account to the tribe, would it have been more successful?—Yes; but I think all moneys should go into the Public Trust Account.
All that were received by way of sale or lease?—Yes; and that they should only emerge therefrom when the trustees had made an arrangement for the equitable division of the moneys amongst the owners. I would give these trustees the right to sell or lease the lands.
That is to say, Committees chosen by the Maoris themselves?—Yes; this is part of my own scheme as set forth in the book I have written on the subject. My system would be shortly this: There are three large tribes in the country north of Auckland—the Rarawa, Ngapuhi, and Ngatiwhatua. My idea would be to appoint one or more Commissioners for all that district. Their first duty would be to go on the ground and settle the division of the lands as near as they could between the Rarawa and Ngapuhi. Then of course there often would be disputes, and these would have to be adjusted, and that could generally be done on the principle of give and take. There would not be as much difficulty there with these tribal divisious as in other parts of the colony, as these tribes have never been conquered since they first landed in New Zealand. Having then accomplished so much, the next thing would be to ascertain how many hapus there were, and fix the boundaries for each hapu in the same manner as that followed in fixing the great tribal boundaries. It would then remain for the surveyors to go on with the surveys, and ascertain which were the Crown lands and which time Native lauds inside the block. For instance, there might be the case of a hapu having 50,000 acres in its own right. Then say the Natives required 10,000 of these as reserves. If they agreed, the reserves should be grouped in as large blocks as possible, because, when intermingled with time lands of Europeans, they would prove a nuisance to the Europeans, and quarrels would ensue through the pigs of the Maoris trespassing. and the cattle of the Europeans destroying the Maori crops. Let us assume that hapu A has 50,000 acres belonging to it; 10,000 would be set apart as reserves, and the remaining 40,000 clothed with a title, so as to be sold. I would propose to clothe both with the same sort of title. In sections 39, 40, 41, 42, pages 45 and 46, of my pamphlet entitled Our Dealings with Maori Lands," I provide for the election of seven adult male owners to act as trustees : " In any case where the owners named in the certificate of title to be made for any parcel of disposable land' shall exceed seven in number, the Commissioner, at a meeting to be specially convened for that purpose, shall call on the owners (male and female) then present to nominate seven adult male owners from among those to whom any parcel of land has been allotted to act as trustees in respect of the land comprised in such certificate." In each case time hapus would be divided into families; and the head of each family, and all time members of it, would be put in the certiticate of title for the reserve land, and would also be put in time certificate of title for the disposable land. They would elect seven adult males to act as trustees, stud then these trustees would convene a meeting to ask the Native owners whether they were willing to sell or not. As soon as that is settled in the affirmative the land is surveyed, and under section 47 the purchaser pays his money, handing it over to the Commissioner, and, in the presence of the Commissioner, both parties to the transaction—the purchaser and time trustees—execute the conveyance. On payment of the money the European purchaser at once enters into possession of the land. It does not matter whether the money remains in the Commissioner's Trust Account for five or six years. The title to the land passes, and the purchaser can take immediate possession.
530. The land is made immediately available?—Yes; and the purchaser, whoever he is, gets a title right off. Then arrangements are made for the Commissioner to ascertain from the Natives whether they agree to the amounts to be apportioned among them. For that purpose, the trustees are handed a form, like that given on page 57 of my pamphlet, and they set forth a scheme of subdivision among the families interested—such scheme to be submitted to these families at a meeting convened for time purpose. If they agree they sign their names opposite the amounts set down respectively for them; but, if they do not agree, then the Commissioner shall fix a day for hearing and determining any such dispute between the families. In case of disputes between any of the families the Commissioner apportions the amount among them.
You have devoted a considerable amount of time, have you not, to a study of time nature and effect of the different Native-land laws of time colony?—I have. I went through every Act I could find bearing on the subject when I drew up that pamphlet.
You have also taken the trouble to frame aim Act which you believe would facilitate the equitable disposition of Native lands?—Yes; that I drew out in 1887. I may state that it is an old scheme of mine, and one which I proposed to Sir George Grey shortly after the Native Laud Court was established. I was one of time first Judges. I was appointed along with Messrs. Fenton and Rogan. Mr. Fenton and I never agreed as to the system which should be adopted for the disposi-
![]() |
4.309 321 |
▲back to top |
41
tion of Native lands. I only heard three or four cases in my capacity o
never liked my system of apportioning interests. I had a great deal of
sioner—more than I could get through in the troublous times of the war—
ship. I settled a very troublesome case—one of Dr. Shortland's legacies—
of Waiheke. That is all I did as Judge. I was appointed with Messrs.
of the Judges of the Compensation Court, which dealt with compensation
in the Waikato that had been confiscated under " The New Zealand Set
firstly settled all the laud round about Auckland—Mangere, Pukekohe,
Road extending to the watershed range between the Waikato and the
north of the Miranda, Esk, and Surrey Redoubts. Subsequently it was necessary
agent for conducting these cases in the Court, and, as the Rev. Mr. Turton was then incapable of undertaking the work, I was appointed and represented the Crown in all the cases that were heard in the Waikato. Our first sitting was at Port Waikato, and subsequently there was a very largo Court at Ngaruawahia, which sat from the 1st January, 1867, till the 31st March of that year. Judge Fenton conducted the Court at Port Waikato, and Judge Rogan at the Ngaruawahia. In the case of the latter Court there were some thirteen or fourteen hundred claims to be disposed of. Only some five or six of these were heard in Court; all the remainder I arranged out of Court: and the lands, with the exception of one or two large blocks, were allotted in sections. This ha . to be done without any maps or surveys, and yet no question respecting any title in the Waikato has since arisen. There have been no difficulties, nor any Supreme Court cases, over these arrangements.
No litigation?—No litigation at all.
Then, generally as regards your ideas, we may take it that this pamphlet of yours, published in 1887, and the draft Act contained in it, embody the fruits of many years of thought on the subject on your part?—Yes; and I may also point out that in that pamphlet I made provision for the settlement of those troublesome incomplete purchases and dealings on the east coast of this Island.
Now, can you state when and how the individual system came into vogue?—Of course, among the Natives the unit was the family, then the hapu, then the tribe. Not very much before 1868. Under the first Act there was nothing done.
That of 1862?—Yes.
In 1865 the land was all vested in the tribes by name, or in the names of ten of the owners ?—Yes.
In 1867 the names of all exceeding ten had to be indorsed on the certificate?—Yes.
Then, in 1873 it was made requisite to have the names of everybody?—Yes, they went to the other extreme then.
Would you say under whose auspices or influence these changes in the law were made?— I think Judge Fenton drafted that Act.
I may tell you that Mr. Baber gave the credit entirely to Mr. Fenton ?—I am of opinion that Mr. Fenton drafted both Acts—that of 1867 and that of 1873.
542. That brought about a new principle in connection with tribal holdings; instead owners being mere tribes they become mere lists of individuals?—Yes.
And these were distinct from tribal holdings ?—Yes ; and thus caused one great difficult —an almost insuperable one. For instance, I know of one place on the East Coast where then were about thirteen hundred owners in the certificate. There were memorials of ownership in 1873 Subsequently they substituted certificates of title. There are cases where the numbers of Native brought in are so large that it is utterly impossible to get a title, because, even if von went about with the utmost zeal, you would never complete it, the reason being that the Natives die off large numbers on that coast, and for the interests of these people the names of successors require be filled in. Under these circumstances it is impossible to complete the title. There is, for instance a little piece of land on the west side of the river at Turanganui, the area being 10 acres only, an yet there are three hundred persons in that.
It is close to the township?—Yes.
Is the individual holding brought into existence by the Acts of 1867 and 1873 in with Native custom?—According to Native custom, the lands were generally divided among the hapus of the tribe, and there was very little subdivision over and above that.
The Native custom is tribal and communal holding?—Yes ; they all have the right cultivate and occupy.
That is to say, they all have the usufruct ?—Yes.
It belongs to the people?—Yes.
In dealing in ancient times, according to the ancient traditions of the Maoris, as between Europeans and Maoris, was it considered that every man, woman, and child ought to sign document?—No; the Maoris were so numerous, and with the imperfect facilities that preva then for getting at all the people a title could not have been obtained in that way. Take, instance, the case of a great public document—the Treaty of Waitangi—and see what a number of Natives signed it in proportion to the strength of the tribes concerned in it.
Of course, the chiefs would not allow the women and children and common people sign?—In those days the women, except those of high rank, would take little part in matters.
Then, in what you propose in your pamphlet—that is, that the representative people, trustees, or whatever you like to call them, should act for the body of the owners—you are see to return to the Native custom and usage in dealing with the land ?—In the case of, I have no trustees, but group them into families.
551A. That also was the custom?—Yes. The mother might be in one hapu and the fath another.
6—G. 1.
![]() |
4.310 322 |
▲back to top |
In proposing to deal with the representative people, and gettiug their assent on behalf of all the owners, you are going back to the ancient custom—that is, dealing by all the people carried. into effect by their representatives?—Yes.
Of course, in the old epoch it was the chiefs who were appointed?—Yes. I cannot see how, otherwise, we could have dealt with them.
Then, in your proposal you give, in addition to the ancient custom, a legal safeguard. You go back to their simplicity. but you add something of our own legal safeguards?—Yes. I would point out another advantage. It would do away with translations of deeds. It would do away with interpreters. who would resolve themselves into Native land agents, or, if the Commissioners understood Maori. everything could he done before the Commissioner. and his book would show the money that had been received fur the purchase or lease, which would be treated as trust money.
355. Then, too, you do away with deeds. Trust Commissioners, clerks, perjury, forgery, and. impersonation?—Yes.
556. In fact, you give the Natives safeguards which they do not possess at present?—Yes.
Mr. Mackay.] And it would simplify the proceedings of the Native Land Court?—You would not want the Court at all. The Commissioner would settle the title. This puts me in mind of a good simile. I have had a great deal to do with goldfields in my time, and the disputes about claims, and these were always more satisfactorily settled when the Wardens went on to the ground and determined the disputed points there and then than since so much litigation has taken place over these matters. I believe that a person going on the ground and seeing the land for himself would be able to arrange such matters, and that the Natives would look on the Commissioner as an arbitrator between them. If there was any very troublesome case it could go before two Commissioners. Years ago I spoke on this subject to Sir George Grey. When I had told him my scheme he said, " Mr. Mackay, it is not worth while upsetting the Native Land Court—the existing state of affairs." I said that it would be better to do so, and that my plan was plain and simple, and that I thought I could arrange the titles to all the lands north of Auckland in twelve mouths. Sir George Grey observed that it was a good scheme, but he was afraid that it was not worth while disturbing existing institutions. I may also state that on many occasions I conversed with influential chiefs on the subject and described this scheme to them, and I never found them make any objection to it. They said it was a good plan and agreed with their desires.
Mr. Recs.] Having for many years thought out this subject, and having been conversant with proceedings as they have been going on under the laws existing are you still of opinion that the system you propose is better than the existing system?—I have thought it over very constantly since I my book, and I do not see, at the present moment, that I can suggest any amendment of what I there propose.
Do you still consider that what you propose is the proper system, as contradistinguished front the system that, now exists?—Certainly.
560. You have seen no ground to alter that opinion?—No.
On the contrary, do you say that there are grounds which strengthen that opinion?—I do ; because the difficulties in acquiring Native land seem to be increasing every year, and that it is quite time some alterations were made, as the present system is unsatisfactory to both the Natives and the Europeans.
Nor to the public?—Nor to the public.
Do you think that any amendment of the present laws would be of any use ?—No.
You think an entire change is necessary?—An entire sweeping-away of the present laws. I will point out how these things are done. In one Act alone—" The Native Land Court Act 1666 Amendment Act, 1888 "—on pages 5, 6, and 7, there are numerous amendments and repeals of different clauses and portions of clauses—in fact, most of them merely portions of clauses—of former Acts. This illustrates my statement that it is impossible to carry in the human head the perplexities of the Native-land legislation which is now in existence and force. I may also point out that, in decisions of the Supreme Court, some of the Judges have read the Acts in one way as to the disposal of Native land and that some of them have interpreted them in quite another way. This especially refers to that portion of the Acts which deals with the acquisition of individual interests in or part interests in blocks. There is a great conflict of opinion between the Judges as to what should be done when the whole of the block is not disposed of, although the Act makes ample provision for subdivision, and in some places says that certain portions shall be cut off for the purchasers and some for the non-sellers. There is a conflict of opinion how that is to be interpreted.
Could there be, under the system which you propose, or some other system on the same principle, any of the complications arising which have arisen in the last twenty-five years between Europeans and Natives do not see how there could if it were carried out fairly, and by persons of ordinary intelligence.
Would the present expense, and the annoyance and trouble and incentive to misbehave held out by the practice of the Native Laud Court, exist under your system?—The expense to the Natives would be very much curtailed, because they now have to assemble in towns at great distances front their places of abode, and to stay there at a greater cost of living than they would be at if they remained near to their own settlements. This, too, would curtail the drinking that accompanies their assembling in the towns, and the consequent demoralisation which takes place at all Land Courts. Infirm and imbecile people also are not able to attend the Courts. That is all set out in my pamphlet.
It has been said by several witnesses that if the boundaries were decided by Committees of the Natives themselves by common consent in runanga of the Natives the Natives would be-more likely to speak the truth at such meetings than at the Native Land Court?—That is my idea also, because the whole of the tribes interested would be present. If due notice were given of the Commissioners going to settle certain boundaries the Natives would assemble there, and would not
![]() |
4.311 323 |
▲back to top |
579. In what way?—Formerly, if a European paid money on land the Native would not repudiate the bargain ; but when the Native Land Acts said that all these transactions were illegal, and that there were no means of recovering money paid on deposits, the Natives were taught to repudiate bargains.
580 In fact, you say it offered a premium to dishonesty?—Yes. I know a case up North where a man had purchased land. A certain portion of this was awarded to him under the old Land Claims Act, and another part was taken by the Government. I do not know whether you are aware that when a man was found to have land in excess of that quantity which he was assumed to have bought the Government took the surplus. In this particular case the ment took one piece, the European was given another, and the chief who had been dealt with was returned a third piece. And this chief, until lately (he is now dead), maintained that it was the pakeha's land—that it was not the Government's or his. Now the Natives see they can make a bargain and afterwards break it.
581 Under the Native Land Acts?.—Yes; that was one defect: it taught the Natives to be dishonest and to repudiate bargains.
582. Do you think that under the present. system of Native-land laws, and the administration of those laws, it would be practically possible to settle the country?—No, it would be impossible, owing to the incidental troubles and restrictions of various kinds that exist now. First of all there is the investigation of the title. When that is done you hare to go before a Trust Commissioner ; and, under another Act, after the Trust Commissioner makes his inquiry, you have to go before the Native Land Court, where again inquiry is made into the bona fides of the transaction. The other day I had a case or two before the Trust Commissioner. A few days afterwards I saw a notice that these same cases were again to be brought before the Judge. The same Judge was sitting as Trust Commissioner. He called the cases on, and began to inquire where the purchase-money had been paid. I said, " Excuse me, but you are not sitting now as a Trust Commissioner." He replied, " Oh, pardon me, I had quite forgotten that I am sitting now as a Native Lands Commissioner." I brought two Natives before the Court who had signed the deed. One of them was very sulky, and said he must be paid his expenses. I said, " All right ; I will give you your expenses." The other was a woman, and she got up and said, "I shall not give evidence unless I am paid £2." These instances only show the opportunity that is afforded the Natives to levy blackmail. These witnesses had to be paid to give evidence in an inquiry into the bona fides of a transaction upon which the Judge had previously satisfied himself while sitting as Trust Commissioner.
583. Do you consider that any Act which provides for every individual signing and making these documents it is possible that the country can be settled?—It never can be. It is utterly impossible. If it is merely a matter of ten, a dozen, or twenty signatures it would not signify; but when it comes to six hundred, seven hundred, and to thirteen hundred names, as in one case that I bare mentioned, the thing becomes impossible.
584. Do you consider that it would be in the interest of the whole of the people interested in these blocks to cut up the land so as to subdivide it amongst these immense numbers of owners?—It would be practically impossible. They would frequently have long narrow strips like roads.
585. Take that case at Gisborne, where there were 300 owners For a small piece of land? , it could not be done.
586. Then, as regards very many of the larger blocks, would not the whole value of the land go in subdivisional surveys and other costs?—Yes. First of all the subdivision is sketched on the map, and the surveyor lays off the areas; then his map has to be examined by the Survey Department, and, after that, go before the Judge again. He has to be satisfied before the certificate is made out. It is a cumbrous, roundabout system.
587. Would the blocks be useful to anybody if cut up as I have indicated ?—They would not be fit for settlement. They would be long narrow strips. I have seen land cut up into strips a mile long, with only a few chains of frontage. Of course, another thing in the scheme would be the laying-out of public roads. I think I have made provision for that also. Section 84, page 53 says : " The District Surveyor shall from time to time lay off within the district such lines of road as may appear to him to be necessary either for present or future requirements. And he is further required to ascertain approximately the position and area of any lands which may hereafter be taken for railways or other purposes within the meaning of the Public Works Act." There is another provision I inserted. I found that in some of the highway districts where the Natives have only a small piece of land they arc not able to pay rates, and I therefore put in section 70, page 51 : " Lines of road surveyed by any District Surveyor through or over any ' reserved ' or ' disposable land' which may be required now or hereafter shall be vested in the Crown, but in return for the cessicn of such lands for public roads by the Native owners free of charge no highway or other rates shall be levied on any reserved land." That is for highways, not for railways. I do not know that there is anything more to inform the Commission upon.
588. Mr. Mackay.] Would you permit dealings with the " disposable lands," as it were, in the way of free-trade, or would you approve of the resumption by the Crown of the pre-emptive right of purchase in respect of Native land ?—That is very unpopular with the Natives. When the Native Land Administration Act was in force the Natives would not listen to it on that ground.
589. Mr. Rees.] Would you say that if they were given what you maycall free power to dispose of their land under regulations drawn up under the present Native-land laws they would be satisfied do not think so. I have drawn this proposed Act of mine largely with the view of the Natives assisting in working it ; and under it, when any person desires to buy land from the trustees, the trustees have to go before the Natives interested and ascertain how many assentients and how many dissentients there are to the sale. Supposing a settler wants a block of 1,000 acres : a certain
number of the Natives, representing, say, 300 acres, might say, " We will not sell." In they would have to cut off this quantity, and make it up from other pieces of land. That proposed way of-disposing of the lands. I would not have the Natives sell if they were not willing.
![]() |
4.312 324 |
▲back to top |
43 G.—] . be able to say, as they do now, " Oh, we did not see the Government Gazelle.- Constant complaints arc made on that score. lonay state there has been very considerable dissatisfaction lately —that where formerly there was one rehearing there are now several. III fact, there are constant
now
am I
engaged in four applications forrehearing, rehenring, and the Chief Judge is reheariegs of cases.
making quite as exhaustive an inquiry into the grounds of these applications as if he were going into the matters of title themselves. inquir
said to !limn the other day, when we were coming up in the steamer, that he was going so exhaustively into the matter that he ought to have brought another Judge with him, and have the rehearing at once. I said, " I thought what you would have done in these cases would be to read the evidence given on both sides, and then ask the Natives about any part of it that was anthiguoes, and ask the parties applying for the rehearing if they had any other grounds than those set out in their application." Formerly an application of this sort went to tho Government, and not to the Judge.
Do you consider that the Native Land Court since its commencement has improved in efficiency in the discharge of its duties?—I do not think it has improved. A great many of the appointments that have been made to it of late Years have been of men who knew nothing at, all about Native custom, and who could not speak ,Sfaori, whereas the original Judges were men who had been engaged iu Native-land transactions for the Government, and were well acquainted with the Maori language and customs. I am not reflecting upon anybody in what I now say. I am simply speaking of the practice. Judge Smith himself has admitted that there should be some alterations in these laws, as they are too cumbrous, and lead to a great deal of time being wasted.
At the present time dealings between Europeans and- the Natives for the purpose of settling Native lands are practically at a standstill ?—Yes, for laud purchases. I have generally had a good deal of this laud work when there was any to be done in Auckland ; but I have not done as much during the last four years as I formerly did in six. or eight months. I know that in some districts the Natives are very anxious to sell their lands.
And in some districts they are anxious to lease ?—Yes. I was in the King-country recently for the Government, on some railway-compensation cases, and I there found the Natives complaining of the low price the Government was offering them for the land—not more than 5s. an acre--while there were Europeans willing to give them 2 or k3. In fact, I think we valued some of this railway land as high as £2 per acre.
Mr. 211ackwy.1 That included good and bad ?—Yes. The land there tray be grouped into three classes as to value. The hinds on the alluvial Mats are valuable, partly from their contiguity to the railway, and partly because of their good soil. Then there are the lower ranges, which in that country have generally good soil. Finally, them are the hill-tope, some of which are very broken. In fact, all the land on the West Coast as far as Mokau is a broken, rough country, but is mostly of limestone formation, and would carry good grass. I reckon the best lands, taking them in blocks, to be worth £1 10s. an acre ; the better class of hill-land, from 7s. 6d. to 10s. an acre ; and the rest, from 2s. 6d. to 5s. an acre.
Do you believe, from your knowledge of the Native character and of their present disposition, that if some simple method of dealing such as you have yourself suggested were trade law, and were surrounded with safeguards to insure fair dealing, there would be any difficulty in getting the Native land thrown open for sale or lease ?—I do not think there would if the Natives saw that their interests were properly looked after.
And the expenses brought down to a minimum ?—Yes. Of course it would be necessary to make the reserves first. Formerly, under the Native La-nd Acts, restrictions could be put in the certificate of title. There is no such safeguard now under the Act. The Natives ask for a piece of land to be made inalienable, and it is done. But a few persons rimy wish to get this restriction taken off, and they manage to get it done. It only requires them to make the application and to state that all are agreed. The application was formerly made to the Governor, but is now made to • the Native Land Court. There is no safeguard against fraud, except when the Natives go before the Trust Commissioner. He would ask them if all the parties interested had other- lands, and in nine cases out of ten the applicants would lie and say they had lauds elsewhere. Many an old Native who has no children will say, "I am sick now ; I ant going to eat this land, and 1 am not going to leave it to the rest of the tribe." Of course, it was to provide against this sort of thine that it was tried to impose restrictions. But if reserves were set aside, and the balance of the land clothed with a title, the Natives would dispose of it.
Would you be in favour of these Native lands being leased instead of being sold ?—No, I do not believe in perpetual leases. I believe that people coming to New Zealand look to getting the freehold of lands.
Is not the perpetual-lease system of the Government at the present time the most favourite method of taking up laud ?—Yes. Would you allow reserves to be dealt with?—I would have no trustees for the reserves, and I would not allow them to be sold or disposed of in any way.
Mr. Recs.) These should be made absolutely inalienable ?—Yes. As for dealing with the rest it might be done in this wax : The purchase-money might be funded if the Natives desired to have it so, and that would give them an income.
You think it would be a better plan to give them perpetual incomes in this way than to allow them to havo the substance of the purchase-money and squander it at once ?—Yes ; section 57, page 49, of my pamphlet deals with that point.
Do you think that under the old system of tribal dealings, tt return to which, assured by modern safeguards, you are attempting to provide for in this pamphlet, any of these complications and offences—aud crimes in some instances, perjury, forgery and so on—could have arisen, or that such immense expense would have been incurred as has been the case under the existing system?
certainly think they would not have arisen. We should not have had such roguery. Another thing that I may.rernark is, that . the first Native Land Acts educated the Natives to be dishonest.
![]() |
4.313 325 |
▲back to top |
The trustees and the whole of the Natives would have to work the thing out before tin sioner. Of course, the Commissioner would not allow a contract to buy land at some ri low sum. Ho would see that the business was done fairly as between the Native, European. One great advantage of this method would be that the European, on the coir the transaction, would be enabled to at once enter into possession.
• 590. Could not that be done under simple regulations, a valuation of the land being t the Natives consulted as to how much they would sell, and ample reserves being made': as the Natives made the bargain ; but they would not allow Europeans to make bargair behalf without consulting them, no matter at what price they valued the land.
590a. For instance, the Natives might object to sell to a particular person, v th
like to have near them ?—Yes.
Is there anything else that occurs to you ?—Another mistake that is made at to disturb the sittings of a particular Court,' removing the Judge or Judges away to he; distant places. Now, in the Thames district there is no doubt that the most convenient the sittings of the Native Land Court is at Shortland, because the Natives can come Waiheke, Cape Colville, Coromandel, the Waikato, and other places very conveniently, s it is approachable by steamer, and by land conveyance. But now and then certain Nati' under the influence of publicans and storekeepers, get up in Court and ask that the sittir at Paeroa or some other place, and if the proposal is assented to all the rest are pu trouble, expense, and inconvenience. That is one of the matters that require atten instance, in the cases in which I am now engaged the Chief Judge goes so exhaustively matters that he does not allow himself sufficient time for the purpose. No sooner doe:: the Thames than he has to leave again and act, elsewhere. The whole thing is drifting confusion. Under this proposed system of mine, there would be a great deal less surveys. As it is now, it frequently happens that the survey is made of a certain block, afterwards the adjoining have to be surveyed as well, and some of the same lines again. Then again the Maoris dispute about a boundary, one saying it is here, and allot] is there, instead of first of all settling these disputes on the ground, and making the st the boundaries have been settled.
You refer to the survey for boundary, and not for mere subdivision ?—Yes. T. now cost a great deal more than they did in the early days; but I will say that now done much more accurately because the surveyors are better men as a ride tha formerly.
AUCIMAND, 18TH 'MARCH, 1891.
FRANCIS DALT FENTON sworn and examined.
Mr. Rees.] You were the first Chief Judge of the Native Land Court, were yo Fenton ?—Yes, so-called. Mr. Domett was Commissioner of Crown Lands, and to a cert fulfilled the duties under the Act of 18 , which I also fulfilled under the Act of 1 perhaps a comparison can scarcely be made between the two, as the issue of a certificate Act of 1858 had no effect until it was approved by the Governor, and Mr. ° Dower- everything was correct before he allowed the Governor to sign.
You remember the passing of the Acts of 1862 and 1865 ?-0h, yes : I made ; It was the Act of 1862 I was speaking of, not the Act of 1858.
The Act of 1S62 was in reality the first Act reserved for the assent of the Cro paved the way for the Act of 1865 ?—There was a preceding Act, which had had little or Lion—that is to say, Mr. Richmond's Act, called the Territorial Rights Act. It was, if I aright, disallowed in England.
That was still further back—in 18-56, I think. It had little practical operatic,' I think.
You have seen the commission under which we are sitting, have you not ?-1 sume that I have.
Here is a copy which you may keep before you ?—I wish I had had longer no Commissioners' intention to examine me.
We did not know that you were in town until a day or two since. You complications have arisen between Natives and Europeans in regard to their mutua about Native lands?—Yes.
They seem to fall into two classes, one class-comprising cases in which partica ments of the law have not been complied with, although the dealings are fair and just a the Natives and Europeans. The other class of cases seem to consist of those in whist matters really in dispute between the Natives and Europeans ?—Matters of a fraudule do you mean ?
Sometimes of that nature, and sometimes where the law itself is in default ; cases in which there have been restrictions, and in which purchases have been made in the restrictions ; sometimes cases in which there have been Proclamations, and in which have been made in defiance of these Proclamations ?—There are such cases, but those numerous where errors have been made by the Land Court. Of course, you cannot ma transactions of that kind-without making errors.
Do you think, in relation to that class of cases where no fraud is alleged, but dealings have been in good faith and fair and honest, do you think it right that power given to some tribunal to rectify all such errors ?—There can be no doubt about that-4 do. It was the want of some such tribunal that caused the Taranaki war. If there such a tribunal there would have been no war at Waitara. The remarkable thina is tin sit on that case afterwards.
![]() |
4.314 326 |
▲back to top |
![]() |
4.315 327 |
▲back to top |
8
was approximately as follows :—North Island : Armed, 5,211; Unarmed, 3,282; Total, 8,762; exclusive of 269 officers. Of the unarmed, principally residing in the towns, more than 2,000 -were in the Province of Auckland; 974 in the Province of Wellington; and 163 in the Province of Taranaki. The Militia have not been enrlled in the Middle Island.
From a Return furnished by the Inspector of Stores, it appears that there are out on issue to Militia and Volunteers the following Ordnance and Small Arms :—
ORDNANCE— SMALL ARMS, continued-
12-pounder Arrnstrong guns 6 Muskets ... 60
6-pounder ditto 4 Carbines-
24-pounder howitzers 6 Breech-loading 761
SMALL ARMS— Muzzle-loading ... 170
Rifles— Percussion ,.. 56
Medium ... ... 5,505 Swords ... 757
Enfield ... 1,431 Revolvers 484
Sword .,. ... 176
With the exception of 1,130 medium rifles, 686 Enfield rifles, and 72 revolvers, the whole of the small arms are in the North Island.
Your Committee appends a Statement showing the Ordnance and Small Arms in store-
ORDNANCE— SMALL ARMS–
Auckland— Rifles-
40-pounder Armstrong guns ... ... 2 Snider 2,337
24-pounder howitzers ... .,. 2 Enfield ... 1,191
Mortars, 4 2-5 inch ... 4 Medium ,.. 1,776
24-pounder iron guns 8 Breech-loading ... ... 18
32-pounder iron guns ... ... 3 Sword
12-pounder iron guns (two of these are 5
unserviceable) ... „. ... 5
Poverty Bay— Carbines-
24-pounder howitzer 1 Breech•loading 246
Wanganui— Muzzle-loading ... 66
Mortars, 4 2-5 inch ... 2 Percussion
Napier
Mortars, 2 4-5 inch ... ... 2
The arms in the Middle Island are considered as "on issue."
REPORT.
WITH reference to an instruction of the 5th instant, from both Houses of the Legislature, your Committee proceeded to inquire into, with a view to report upon, the defence of the harbours of the Colony ; and, after much consideration, they arrived at the conclusion that there was not sufficient available data to enable them to make any detailed recommendation on the subject; but, regarding it to be one of such vital importance to the Colony, they strongly urge that the Government should take every possible means, by the appointment of a Commission, and the adoption of defensive measures, to secure the harbours and port towns from attack by privateers and cruisers.
J. RICHARDSON,
18th August, 1870. Chairman.
TILE NATIVE RESERVES BILL.
REPORT.
YOUR Committee submit this as an ad interim Report.
The effect of the Bill referred to them would be to vest in one officer, to be called the Native Trustee, the administration (subject to the control of the Native Lands Court) of all estates throughout the Colony held in trust for or for the benefit of Natives, the object being to secure their proper management and their application to their proper objects.
The first step towards the better administration of these estates has been taken by the Government, viz., the obtaining of accurate particulars of the lands, with information as to , the nature of the trusts affecting the same respectively, and their present state of management.
This is a laborious work, involving much careful inquiry. Major Hcaphy, who has been engaged in this service, has entirely completed his work in the following Provinces, viz., Nelson, Marlborough, Canterbury, Otago, and Southland, and in the County of Westland. He has partially completed it in the Province of Hawke's Bay. It has been commenced but remains to be completed in the Provinces of Taranaki, Auckland, and Wellington. The time already occupied by him has exceeded seven months : the whole may be reasonably expected to be finished in about five months from this time. No practical effect could be given to the proposed Bill till this is done.
The present system of management of the Native Reserves is generally very defective, though your Committee would qualify this remark as applying to the Native reserves in the Provinces of Nelson and Canterbury ; but to place the administration of the whole of these large and scattered trust estates throughout the Colony under the control of a single officer does not appear,
![]() |
4.316 328 |
▲back to top |
9
likely to effectuate the desired object. It appears to your Committee more advisable to appoint officers for this purpose in different localities, who shall be directly responsible to the Government, and who will not be (as proposed by the present Bill) mere agents appointed by, and under the direction of, and responsible only to, the Chief Trustee. In addition to the business of management and administration, the functions proposed to be assigned to the Native Trustee would involve other duties of a discretionary character, not unfrequently of a difficult and delicate kind, such as the settlement of tribal and other differences amongst the Natives, and the protection of the Natives in their land-dealings with Europeans. In the opinion of your Committee it would not be expedient on the part of the Government to allow officers charged with duties of this kind to be placed beyond its direct control.
The Trustee or Trustees (in whatever form appointed) must be responsible to some higher controlling authority.
It has not been established to the satisfaction of the Committee that it will be best to place such controlling authority in the Native Land Court as proposed by the present Bill. According to the evidence of one of the Judges of the Court, it is not, in his opinion, adapted for the exercise of an equitable jurisdiction of this kind. Its functions should be confined to the settlement of rights to land as between Native and Native. The subject of the administration of the Native Reserves is closely connected with other questions affecting our relations with the Natives and their land-rights, the importance of which, as bearing on the future tranquillity of the Colony, can scarcely be exaggerated. In the opinion of your Committee, these questions should be investigated in all their bearings without delay, either by a Government Commission, or in such other way as the Government may think fit, so that the General Assembly may be enabled to legislate thereon in its next Session.
In the meantime your Committee recognize the necessity for interposing without delay, and without unnecessarily interfering with the free disposal of their lauds by the Natives, some practical check to prevent frauds and abuses, which are growing up in the land-dealings between Europeans and Natives.
Your Committee are fully alive to the difficulty of dealing with this question. In making provision against such frauds and abuses, it will be necessary to avoid all appearance of attempting to interfere with that free right of disposal of their lands by the Natives which has been conceded to them by the Native Land Acts, or to re-establish the old protectorate system, which would be rejected by the general opinion of the settlers. But it would not (as your Committee think) be impossible to define clearly and apply practically, to the case of dealings for Native land, equitable principles similar to those which govern transactions between Europeans, and to devise some inexpensive mode by which those principles may be enforced as law.
Alienation of land held by Native grantees upon trusts either express or implied, whether by way of lease or absolute sale, made in breach of such trusts, ought to be prevented and annulled.
Fraudulent bargains between Europeans and Natives, at variance with equity and good faith, or founded on considerations discouraged by public policy (such as the sale of liquor), should be liable to be set aside after proper investigation by some Court, the proceedings of which should be simple and inexpensive,, and which would be easily accessible.
Provision should be made for insuring, as far as possible, the application of Native trust funds to their proper objects. The Bill now under consideration by your Committee does not appear calculated to effectuate these objects.
Your Committee think that a measure such as they have indicated should be introduced by the Government, if possible, during the present Session, which would supersede the necessity for the present Bill. They append the evidence which they have taken.
The Hon. W. B. D. Mantell, a member of your Committee, dissents from this Report.
HENRY SEWELL,
Monday, 15th August, 1870. Chairman.
MINUTES OF EVIDENCE, Saturday, 30th July, 1870.
MAJOR HEAPHY, V.C., stated that he had only notes of proceedings complete in respect to Native reserves of Hawke's Bay and Canterbury to lay before the Committee; those for Nelson were however prepared, as also those for Otago and Southland, which were in the press. The reserves in Taranaki, Marlborough, Auckland, and Wellington, were undergoing fuller investigation. He had come to the conclusion that the reserves in Nelson and Marlborough required consolidation for effective and inexpensive management. In Otago lie had discovered that there were two reserves, one of one hundred acres, the other of a thousand acres, of the existence of which the local Government stated that they had been, till lately, entirely ignorant; and that in Southland matters had been so neglected that steps were only just being taken, at the present time, to survey for reserves with respect to purchases effected so far back as 1853 and 1861.
L.c.No. ] 3
![]() |
4.317 329 |
▲back to top |
358 Post Office Bill [COUNCIL] (No, 2). [AUG.29]
1870] Post Office Bill [COUNCIL.]
(No. 2). 859
gether. The object of it seemed to him to be of a very petty nature, and he would be sorry to see such a regulation upon their Statute Book. It might be necessary, according to the Attorney. General's opinion, that the clause should be in. serted in the Bill, so as effectually to prevent letters being sent from the other colonies, but even if the matter were left open, the correspondence that would be sent by the ocean route from New Zealand would be extremely limited in extent, and he thought that clause 6 would have been quite sufficient to have vindicated the position we had taken up in relation to the other colonies, and would have shown that New Zealand would not carry their letters unless they contributed a portion of the cost of maintaining the San Francisco route. It was amply sufficient to prevent the other colonies taking advantage of their mail service unless they contributed towards it. Ho thought it was very bard that a regulation should be made inflicting a penalty not exceeding £100 on any person posting letters in New Zealand which had been forwarded from Australia for that purpose. He did not think such a practice would be re. sorted to in the ordinary course of correspondence, and even if it were, they would charge the full postage from New Zealand, in addition to which the postage would be paid from Victoria or any of the other colonies to New Zeeland. He did not think they should place themselves in the position of saying to any one sending a letter from South Australia, Victoria, or any of the other colonies, " We will not send your letters, nor will we allow it to be done by persons in this Colony ; if we discover any person forwarding letters received from your colony, we will impose a penalty to the extent of £100 for every letter so sent."
The Hon. Mr. MANTELL was not previously aware that there was such an extraordinary provision in the Bill as that to which the Hon. Mr. Boner had called attention. Clause 6 had evidently been framed without any regard to colonial reciprocity. What was the position in which they placed the captain of a vessel carrying the mails ? He was pledged in Melbourne to convey them here safely, but on arriving here he must throw them away, or subject himself to a heavy penalty. As to the new clause, he hoped that they would not disgrace the Colony by placing such a provision upon their Statute Book. If it were persevered in, he would certainly move, on the third reading, that it be made an order of the day for that day six months.
The Hon. Mr. PATERSON believed the clause watt intended to meet cases which were of very
frequent occurrence during the mail service.
It was found that though contribute towards the expenses of that service, yet persons in the Australian colonies were in the habit of making up letters into private packages, and forwarding them to agents in New Zealand to be posted ; so that those colonies really received the benefit of our mail service without paying anything in the shape of a subsidy. He believed that it was proposed to prevent such a system
that the was introduced, and he thought,
if brought into operation, it would be found to very useful, as it would only take effect where anything in the shape of fraud was attempted. The Hon. Mr. BONAR wished to say a few words in explanation of the remarks of the Hon, Mr. Paterson. He believed some such practice that pointed out by the honorable gentleman did, prevail at the time of the Panama service, but the persons who sent the letters, in addition to paying the New Zealand postage, had also to pay a book seller ono shilling per letter for his trouble in for warding the packets containing the letters. The Hon. Dr. BUCHANAN said that after the remarks of Mr. Paterson, who bad filled the office of Postmaster-General, and who was, there fore, competent to give an opinion, he was disposed', to support the clause. He thought that they should be guided by experience in a matter of that kind.
The Hon. Mr. WATERHOUSE hoped that the clause would not pass. He was a good deal astonished at the Bill itself, and particularly it having attained its present position withal evoking more comment. The Bill, in all its, phases, appeared to him to be most obj
ection.. It was a most uncivil, he might almost sail a most insulting, piece of legislation, and, when it, came to be read a third time, be thought they should consider whether it was desirable to pass it or not. The proposed clause was, perhaps, most objectionable feature in the Bill. At person in one of the other colonies might send letter to a person in New Zealand, and if person inadvertently posted it be would liable to a penalty of £100 if a servant or clerk thought proper to give information to the authorities. They might be assured that the Aus colonies would not avail themselves of the route their nearest route being by. way of Suez. At the present time the mails for Sydney arrived about ten days after the mail by way of Suez, and of course the mails to Melbourne and Adelaid were still later. This route would not be taken, advantage of to any appreciable extent by the other colonies, and the passing of the was
likely to convey an impression that we were in bad temper because the other colonies had not subscribed to this route, and that the Act was only intended to give annoyance to them.
would certainly support the proposition this any clause be negatived, and he would support any honorable member who would more that the Bill be read that day six months.
The Hon. Mr. J. P. TAYLOR thoroughly agreed with the remarks of the previous It would be utterly impossible to enforce visions of the Bill without introducing a system, of espionage. That- would create such a feeling of distrust between employers and employed it would be necessary to introduce another Bill avoid such a state of things. He quite with the remark that the Bill would only have the effect of sowing the seeds of ill-feeling between this Colony and Australia. He would certainly vote against the clause, and would support motion that was made for having the that day six months.
The Hon. Mr. WILLIAMSON said it appeared to him that New Zealand had not been the first country to display that feeling which had been alluded to. Victoria had imposed taxes on the productions of this country, although she has had free access to our ports for her own productions. He thought the Council were perfectly justified in passing a law which would prevent the line referred to being used by people who did not contribute to it.
The Hon. Mr. LEE said he thought the clause Was a just and proper one. As had been already observed, Victoria was at liberty to join with New zealand in this matter if she chose. However, as she declined to do so, he thought it was only fair that the people of that colony should pay a certain extra contribution. He did not see any reason why the clause should not be supported ; in fact, he thought a good reason existed why it should be supported, and he should, therefore, it his support.
The Hon. Mr. HAWDON said he concurred With what had been urged by the honorable gentlemen, Mr. Waterhouse. If we did not support the Suez line, Victoria might retaliate in some other way.
The Hon. Mr SEWELL said he hoped honor- able members would not oppose the introduction of this clause, or, at all events, that the Council Would give him an opportunity of allowing the matter to be considered by his honorable colleague. Ile could not agree with those honorable members who had opposed the introduction of the clause. It appeared to him to be the natural and Inevitable application of a plan which they must adopt for their own protection. There was no person more anxious than he was to see a general Australasiaun compact established as reread ocean postage, not only in reference to the Suez route but also the San Francisco line. If Victoria shut herself up in her own exclusive interest, he did not think that she had any right to share in advantages which were paid for solely
by New Zealand, The clause had not been framed with any unfriendly feeling towards that colony. As he had already stated, he would be glad to see a postal union established with the other colonies, but the first step towards the establishment of such a union would be for New Zealand to protect herself by enforcing the provisions of the clause which honorable members thought so objectionable. the honorable gentleman, Mr. Hawdon, had said that if New Zealand refused to contribute to the Suez, Victoria might retaliate; but New Zealand does contribute to the Victoria should contribute to the San Francisco line? If we intended to protect ourselves he did not see how it was possible to avoid adopting some such plan as that now proposed; in fact, it was only by excluding Victoria from the advantages of the San Francisco, that New Zealand could prove to her that it would be to her advantage to contribute to its support.
The Hon. Mr. ROBINSON remarked that this involved a question of great im-
portance. If it were passed, the Governor would have power to order every letter put into the post office to be opened. There would be no secrecy at all about the matter. He certainly would not vote for such a clause.
The Hon. Mr. MILLER did not think there was any great danger of Victoria feeling strongly in the matter ; in fact, in adopting this amendment, Victoria would only consider that New Zealand was paying due attention to her own interest. The clause read to this effect The Governor may ;" it did not say he shall. If any gross conduct were practised, and it came to the Governor's knowledge, he, no doubt, would take steps to prevent fraud. He did not think there was any danger of the system of espionage being carried on, and he thought that the request made by the Government should be acceded to—that the consideration of the clause should be postponed.
On the motion of the Hon. Mr. WIGLEY, the debate was adjourned until next sitting day.
NATIVE LANDS FRAUDS PREVENTION
BILL.
The Hon. Mr. SEWELL, in moving the second reading of this Bill, said it had been brought in in accordance with the recommendation of the Select Committee. A Bill had been brought down by his honorable colleague, in the early part of the session, for the amendment of the Native Reserves Act. It was read a second time, and referred to a Select Committee, who considered its provisions with great care, and made a report upon the subject, which was read and ordered by the Council to be printed. The Committee, in that ad interim report, recommended that a Bill of the nature of that now proposed should be introduced, and, in accordance with that recommendation, the present Bill was introduced. If the Council should not think fit to adopt it, it would still be open to consider the former Bill, the object of which was to provide simply for the administration and management of Native reserves. Those Native reserves were principally of two classes. First, there were reserves set apart by the New Zealand Company out of lands granted to the company by the Crown. Secondly, under the provisions of " The Native Reserves Act, 1856," where Natives sold land to the Government, reserving to themselves certain excepted portions, the Natives were enabled to bring such excepted portions under the operation of the Native Reserves Act, and the lands so reserved were to re utilized for their benefit. There were other reserves which had since come under the same category by the operation of the Native Reserves Act. The legislation which had taken place on this subject was this : In 1856 an Act was passed by the Colonial Legislature, placing the administration and management of those lands, which were scattered all over the Colony, in the hands of local commissioners, who had powers of leasing and dealing with those lands, and whose duty it was to receive the proceeds and apply them for the benefit of the Native.
subject to the control of the Government.
![]() |
4.318 330 |
▲back to top |
.1 Native Lands F,-auds rCOVNCIL.1 Pr-net-aloft - 861.
360. No. Lands Frauds [COUNCIL.] Prevention Bill. [Aug.29]
Commissioners were not paid, and the lands were not of great value ; there were, besides, a variety of cause, which led to the Act becoming dormant. In 1862 another Act was passed, which did away with the local commissioners, and the powers conferred on them by the former Act were transferred to the Government; the Government being authorized to delegate its powers to local officers. From various causes that Act had also become a dead letter. In 1867 another Act was passed which had likewise become a dead letter. The object of the Bill referred to the Select Committee was to constitute one public officer to be a trustee of the whole of the Native reserves, as an independent officer, only responsible to and under the direction of the Native Lands Court. Power was given to appoint agents in different places responsible to the Native trustee, but who would be alone responsible for the administration of the trust. The Bill so introduced was recommended to the acceptance of the Council by its haring been prepared under the direction of, if not by, the chief judge of the Native Lands Court, Mr. Fenton, to whom, of course, the Legislature, in all such matters, would pay the ut- most deference. He much wished that honorable gentleman were present to represent his own views. The Hon. Mr. Mantell might, however, know that honorable gentleman's views sufficiently on this subject to explain them to the Council. It was right that he (Mr. Sewell) should say that, in recommending the Council to adopt the Bill now submitted to them in lieu of that originally introduced, he was taking a course to some extent at variance with the authority of the judge of the Native Lands Court. He would briefly state the reasons which had induced the Select Committee to come to the determination not to recommend the adoption of that Bill,—reasons which were set forth in their report. First, as regarded the lands to be administered,—they were scattered over the country, from Auckland, in the extreme North, down to the extreme South. It was physically impossible for one individual to manage estates spread over such a wide area. Again, the Bill provided for the appointment, by the trustee, of local sub-agents ; but it did not appear to the Committee desirable that the appointment of local sub-agents, who were practically to administer these reserves, should be removed from the control of the Government. The Government were responsible to the country, and the actual administrators of the lands ought to be responsible to them. For his own part, he did not think practical good would result from placing the administration of those reserves in the hands of an irresponsible officer ; indeed, he could see many disadvantages which would arise from the appointment of local sub-agents not responsible to the Government, or under its control, but appointed by an officer who would be himself practically irresponsible. For instance, when the question came up as to providing for the department and the charges of it, there would arise that conflict which always arose when a department
of Government was to be provided for upon the estimates, over which the other House had no control. The first step in the working of such a system would be a conflict between the lower House and that department. He admitted that it was desirable, as regarded trust property which consisted of money, to constitute some independent authority which should be the custodian of it. It was desirable that such moneys. should be placed beyond the control of the General Government. A machinery which might be available for such a purpose was about to be provided in another and better form—the constitution of a public trustee, who might take charge of such trust funds. There were other reasons why he thought the plan proposed in the Bill originally submitted to them would not be found to work satisfactorily. Apart from the management of the lands, the trustee would necessarily,
be charged with other discretionary powers. It I was proposed to invest the trustee with the powers of an Act which stood on the Statute Book— "The Real Estates Management Act, 1867," which constituted a trusteeship for Native families: It lodged in the trustees a discretionary power as regarded the application and administration of Native trust funds, involving duties of a character which should not be properly vested in an officer not directly responsible to the Government. That wes the opinion of the Committee. An officers charged with functions of that kind should be responsible to some higher authority, and they had to consider how best provision could be made to insure that responsibility. The Bill, as originally prepared, proposed to make the trustee responsible to the Native Lands Court. Thai would be giving the Native Lands Court a jurisdiction analogous to that of the Supreme Court. It would have made it a Court of Equity to superintend the administration of Native trusts, and to control and direct the action of the trustee, who would be responsible to the Court for what he did or omitted. Then came the questions whether the Native Lands Court could advantageously undertake duties of that kind. The general opinion of the Committee wee that it could not. The object of the Native Lands Court was simply to disentangle Native titles, to deter mine questions of title between the Natives, and to effectuate the partition of land between Native owners ; but it was not intended to go further. It would be seen, from the evidence of Judge Smith, that the Native Lands Court would not, in his opinion, be a fit tribunal to exercise the new kind of jurisdiction. For these reasons, the Committee had come to the conclusion that the Bill as originally proposed would not effectuates the desired object, would not, in fact, secure the careful and better administration of the trust estates, or the appropriation of their proceeds to the proper objects. In the course of the investigation the attention of the Committee was necessarily drawn to those Native, trusts which bad grown up under the operation re the Native Lands Act. The operation of that des had been to create additional classes of Native trusts, and the proper execution of those trust's
very deeply concerned the well-being of the Colony. He did not believe that there was any subject which more vitally affected the future
welfare of the Colony, its peace, and its progress, end the success of those plans of colonization which were under consideration, than the proper execution of those trusts. The object of the Native Lands Act was two-fold; to bring the great bulk of the lands of the Northern Island which belonged to the Natives, and which, before the passing of that Act, were extra commercium — except through the means of the old land purchase system, which had entirely broken down—within the reach of colonization. The other great object was, the detribalizatiou of the Natives,—to destroy, if it were possible, the principle of communism which ran through the whole of their institutions, upon which their social system was based, and which stood as a barrier iu the way of all attempts to amalgamate the Native race into our own social and political system. It was hoped that by the individualization of titles to land, giving them the same individual ownership which we ourselves possessed, they would lose their communistic character, and that their social status would become assimilated to our own. That was taking place to a great extent, but the result had not been as yet attained, and would not be attained for many years. But, in the working of the Native Lands Act, difficulties have arisen. That Act only enabled the Native Lands Court to confer individual titles. Native owners applied to have their land brought under the operation of the Court, and the Court determined who were the rightful proprietors. But it could only deal with individuals, and it did so by name. Crown grants were issued to individual Natives conveying to the grantees named in the grants individual proprietary rights. But, underlying those individual rights, were those tribal communistic interests which were still existing. A tribe, for instance, wishing to bring its land under the operation of the Act, was obliged to do so by having its lands granted to certain Natives by name as individual proprietors, though the real intention of the transaction was to vent the lands in them as administrators only, for the benefit of the tribe. In some cases these grants were made without any declaration of trust. The persons to whom the grants were made, appeared, on the face of the grants, to be absolute proprietors. In other cases there was a general declaration of trust, with a power of granting leases without control or limitation, which was a power tantamount
to individual to a power of alienation. Those who were the real objects of the trust were thus left unprotected, and the practical result was that, in various parts of the country, lands had passed, and were passing, from the Native proprietors, persons of the Native race, who
were really intended to be only trustees, but
who having, tinder the Act, acquired absolute
dominion over the land, were dealing with it
to the detriment of those whom they repre-sented. That was taking place, he was sorry to a very large extent. He was told that
in many parts of the country Native tribes were
VOL, IX—46.
becoming pauperized ; their lands were vested in trustees who were not faithfully discharging the trust, and were passing away into the hands Europeans, who obtained them through inequi able bargains. He could conceive no great, danger to the Colony than for large masses of Natives to be denuded of their lands and pauperized. The next step to pauperization would be brigandage, which would be fatal to Colonization. The colonists were deeply concerned in arresting the progress of this great evil. In the opinion of the Committee, the subject was or which demanded the careful consideration of the Government during the recess, with a view t legislation next session. In the meantime, the Committee were desirous, if possible, of arrestin the evils which lie had pointed out, and ha recommended the introduction of a Bill for the object. The Bill which he (Mr. Sewell) now submitted to the Council bad not been under the consideration of the Select Committee, but ha been drawn up by the Government in accordant with its recommendation. He now asked the Council to read it a second time. Its object we to prevent, as far as possible, the mal-administration of lands vested in trustees for the Native, in cases where trusts had been created in the names of individual proprietors, but really for the benefit of Native communities,-to take care the those trusts were fulfilled, and that lands wee not alienated so as to defeat the true objects of the trust. It was proposed expressly to declare the kinds of fraudulent and illegal transaction which should invalidate dealings with Native lands. In the practical application of this prin ciple, one great difficulty was to steer between two opposite dangers. We must not attempt to take the Natives under our protection, controlling their free agency in dealing with their own lands That would be equally resisted by Europeans an Natives. On the other hand, it was necessary to extend to the Natives the same protection which we provide for ourselves in our own tribunels. What was meant by this Bill was to declare that trans actions which were plainly against law and equity should be invalidated ; to provide means by which the circumstances attending those transaction should be investigated; and to provide an easy cheap, and speedy process to which parties whether Natives or Europeans, might resew for determining questions springing out of thee transactions. It was proposed by this Bill to constitute districts, and to appoint officers within such districts, whose duty it should be ti examine into all transactions between European and Natives respecting Native land. The Bil will declare that no alienation of Native lain shell henceforth be made until the trust commissioner shall hare satisfied himself that the transaction is fair and equitable, that it it sot in contravention of the trusts affecting the land, and that the consideration for such alienstion does not arise, either wholly or in part Erectly or indirectly, upon any contract for sale of liquor or arms. It would be observed that these transactions were forbidden by public policy and equity, and accordingly it was provided in.
![]() |
4.319 331 |
▲back to top |
362 Native Lands Frauds [COUNCIL.] Prevention Bill. [Aug:29]
1870.1 Native Lands FrauIs 1COCN CIL.] ;ilia
the Bill that every deed intended to effect any alienation of this character should be null and void. The duty of the trust commissioner will be to inquire into the circumstances attending every alienation—the nature of the consideration, whether it has been paid, and whether the parties understood the nature of tho trams action. For the purpose of enabling him to discharge this duty, it was proposed to give him the powers vested in commissioners under the Commissioners Power Act. If the commissioner was satisfied that the requirements of the Act had been complied with, he would certify to that effect ; and no instrument relating to the alienation of these lands will be allowed to be registered, or admitted as evidence in any court of law, without the certificate of the commissioner. But in the event of either Natives or Europeans being dissatisfied with the decision of the commissioner, it was proposed by this Bill to give to any party who might feel himself aggrieved, power to appeal to the Supreme Court against the decision of the trust commissioner, which appeal, it was proposed, should be conducted in a simple and inexpensive mode ; and power would be given to the Supreme Court to confirm or annul these transactions as in its judgment it might think fit. Then it was proposed, in order to meet the difficulty of the Supreme Court being overburdened by this work, to enable the Governor, with the approval of a judge of the Supreme Court, to appoint a barrister, with power to exercise the functions of the Supreme Court. Power also is given to the Governor in Council to regulate the manner in which the Commissioners shall discharge their duties. He had pointed out that the general scope and intention of this measure was to insure, in all laud transactions between Natives and Europeans, a system of fair dealing. He was satisfied that the safety and future progress of the Colony depended upon the establishment of such a system ; because, if the Natives found themselves, by the operation of our law, stripped of their land, and reduced to pauperism, there would certainly grow up feelings of discontent which will become dangerous to the peace of the Colony and obstructive to the progress of colonization.
The Hon. Colonel RUSSELL thought they must all feel indebted to his honorable friend for the very clear exposition of the state of this question which he had put before the House. He was himself, with several other honorable members then present, a member of the Committee which investigated this subject, and they could not but appreciate the very careful and able manner in which their inquiries were conducted by their learned chairman. Undoubtedly it was a question of the very greatest importance, because it affected not only the welfare of the Natives but it affected also the welfare of a great portion of the Colony. He had always felt that to be the case, and had always taken a wide view of the matter, although not generally in accordance with the commonly received views. His view had been that, at the same time they were most careful in their protection of Natives from fraud and oppres-
sion, they should not allow them to retain greater quantity of land than they could
make use of ; and the sooner the rest passed into the hands of Europeans the better. That opinion still maintained. Ho stated, years ago, that it was a mistake on the part of the Government, in- the old days of the Colony, to pursue the course they then did towards the Natives with reference to the land. He always thought it was a mistaken policy ; and he considered that any policy which kept the waste lands of the Colony in an un occupied state was a eery great mistake. Therefore, he thought that, after they had made every, provision which they could for the Natives, they, should offer no obstruction to Europeans obtaining; possession of the rest of the land. When the Bill;
now before the Council was put info his hand two days ago by his honorable friend, who requested him to look over it, he was a good deal staggered and, up to the present moment he must acknowledge that the Bill did not satisfy him for it appeared to him to put such enormous, power into the hands of individuals as would. impede the passing of the surplus lands into the hands of Europeans, who would make good use of it. He thought that the Act, as it stood in its printed form, would be a great obstruction to the future prosperity of this country. That was a great objection which they: must endeavour to get over ; and he had no doubt that, between this and Thursday next when the Bill would be committed, hie honorable friend would give himself (Colonel Russell) and: other honorable members who took an interest in the subject, an opportunity of considering whether they would not be able to strike out a course, which would be more effectual. As to the machinery provided for certifying to the correct, nees of any sales which might take place, he approved of that, but he thought that the power. which it was proposed to place in the bands of a barrister was objectionable. It was true that the chief objection to that had been got over by the- little interpolation which hie honorable friend proposed to make in the Bill, to the effect that the barrister should be appointed by the Supremo Court. As the clause stood, the appointment would be left in the hands of the Government, and that would have left it open for the appointments to be filled up by very unsuitable persons —by such extraordinary specimens of the learned tribe se were to be met with in most Provinces. He hoped that between then and Thursday they might be able to devise something which would be an improvement on the Bill, and still carry out the object which his honorable friend desired to attain. He should vote for the second reading of the Bill with that understanding.
The Hon. Mr. MANTELL could not say that he was satisfied with the Bill as it stood. It was capable of improvement, and he believed that it was intended in good faith on the part of the Minister of justice to effect good ends for the benefit of the Colony. Therefore be should nee oppose the second reading, but would be quite content to leave the remodelling of it in the hands. of his honorable friend. For his own part, he did..
not take the same interest in the question now as
he did some years back; so many steeds had escaped from the stable lately that he did not take much interest in constructing a door now. With regard to the Native reserves, they had been appropriated by the Government otherwise than
i
was originally intended. When funds accruing from Native reserves bad been used for the construction of a building for the reception of Natives arriving at the seat of Government, what did they find? The Native office, especially charged in the matter, stepped in and took possession of the dwelling-rooms, and the out-houses were appropriated by His Excellency the Governor for stables, end the Natives turned out to get shelter where they could. Such things created an impression on the minds of some of the Natives which was not to be done away with by the pro. peal of any further machinery for the protection of their interests. It was all very well for them to indulge in their friendly and honorable feelings towards the Natives, but it would be quite unreasonable to expect that the first, second, or third example of their friendly and just feeling toward, them would have the effect of removing from their memory the long period of spoliation, cheat ing, and wrong to which they had been subjected by successive Governments. The Bill which his honorable friend had referred to—the Nativc &serves Bill—certainly did attract a great deal of attention last session, and his honorable friend thought more highly of the Bill than he (Mr. Mantell) did, but he believed, before the end of the session arrived, that honorable gentleman would have been very much disappointed if it had passed into law. He was quite sure the honorable member would be as well satisfied as any of their that the Bill had not been placed upon the Statute Book. But he did not know the honorable gentleman's mind. When honorable members especially honorable and learned members attained a certain pitch of proficiency in then knowledge of politics, he did not even venture to ask whether they knew their own minds. A fee years ago he used to imagine from time to time that he bad known honorable gentlemen's minds but he had found that he had been mistaken. In wandering about in search of whet their mind were, he had found them wandering about them Selves in pursuit of the same object. He did not attach the same importance as the Hon. the Minister of Justice did to the evidence of ow judge of the Native Lands Court, given before the Committee, that the Native Lands Court was not the proper tribunal for that particular jurisdiction. He had told his honorable friend before end he repeated it, that there were officers of the Government, and very worthy officers, who would primd facia, object to the imposition of any new burdens upon the Colony. He did not think that the jurisdiction proposed to be given to the Native Lands Court was that which they should give to every judge of the Native Lands Court; at the same time, he saw no objection to giving that jurisdiction to the chief judge which might be under the Bill. The Hon. the Minister of justice, in his sketch of the legislation with regard
to the Native reserves, did not take the same view of the matter as he matter as he (Mr. Mantell) did. He thought heir endeavours were frustrated and their hopes were blighted through the impatience of the would-be purchasers of the land, in purchasing hiring the period fixed under the original Native Lands Act between the date of the certificate of title and the subsequent issue of the Crown grant. He always looked upon that as a very important period, and it was quite contrary to his wilds and his idea of what was right that that period should be obliterated, or, as was really the ease, annihilated. It was very unwise indeed for them, in their legislation, to have given up that period during which the Native really first felt the possession of property under a title from the Crown, and the only time when he could not part with it, as all negotiations were of necessity void. To do away with that period was a most imprudent thing. However, it bad been done away with, as it was almost impossible to resist the pressure brought to bear by people who had votes, or who could command them, and they would meet the natural result. Ho was sorry to see that there were no retrospective remedies provided by the Act. He had hoped, from what the honorable gentleman had said, that past transactions would be capable of investigation on the appeal of parties
The Hon. Mr. SEWELL.— There is the equitable jurisdiction of the Supreme Court. The Hon. Mr. MANTELL.— The equitable jurisdiction of the Supreme Court was not likely to be troubled at all by the Natives for some time. They had beard rumours of many cases in which the Native, had been cheated out of their lands, and of their having parted with them illegally, not knowing what the consideration was. He would read to the Council, with the omission of names, a case which was on record, which would give some sort of idea of the transactions which were said to be going on. The case related to property which belonged to an honorable member of another House. It was reported as follows :—
" Tareha, with eight other Natives (one of them Karsuria, a chief who was killed in action against the rebels in Poverty Bay), under a Crown grant issued in or about the year 1866, was entitled to a block of land containing about 1,250 acres, situate about ten miles from Napier, and known as Mangateretere West. Our readers will readily recognize the block as one situate near the Big Bush, upon a position of -which the buildings belonging to the Hawke's Bay Boiling Down Company have been erected. A portion of this land (900 acres) was leased by the Native owners, in April, 1867, to certain persons ' for a term of twenty-one years, at a yearly rent of £450 ; the rent after the first eleven years to rise to £540. In July, 1868, the beneficial interest in this lease became vested in the ' future purchaser' by way of mortgage, for securing the sum of £500, and further advancer to the lessees. On the let September, 1869, the 'purchaser' entered into a contract with Tareha, the honorable member before referred to, for the purchase of all the interest of Tareha and of Karauria (killed in act' - as before mentioned). The contract express
![]() |
4.320 332 |
▲back to top |
364 Native Lands Frauds [COUNCIL] Prevention Bill. [Aug 29]
Watine Lands Frauds ICOUNCIL.1 Prevention Bill. SO
to be the purchase of the piece belonging to myself (i.e. Tereha) and Karauria, of the Mangateretere West, our portions of that land 1,252 acres more or less. The consideration is expressed to be the sum of £300, £50 paid as an instalment, and when all arrangements and the deed of sale for that land are finished, and the man appointed in Karauria Pupu's place, I will receive the remaining £250 for that land, and carry out the above arrangement. This contract, dated let September, 1869, is signed by Tareha, his signature being duly attested by a licensed inter preter, and is registered in the registry of deeds It needs little calculating ability to see that when this contract is completed by Tareha, and ' the man appointed in Karauria's place,' and the balance of the purchase money paid, the purchases will have made an excellent bargain. £300 foe two-ninths of land let for £450 per annum is about three years' purchase. It should be borne in mind, however, that the rent payable by 'lessees' rise, in eight years to £540, and that the land leased only includes 900 acres of the 1,252 acres comprised in the contract. The additional 352 acres are at least of equal value per acre to the 700. We repeat that beyond all reasonable doubt the bargain was a good one."
Now it was evident that was a case which, if there were any means of investigating it, would be found to be beyond the equitable jurisdiction of the Supreme Court, and would leave an opening for immediate practice on the part of any officer who wee appointed to investigate such matters. Averse as he was to retrospective legis lation, he did not think it would be at all unbecoming to be retrospective in their legislation with a view to upset any iniquitous arrangements of a similar nature to the instance he had quoted. That would be a species of retrospective legislation which was perfectly justifiable. He had understood the honorable member to intimate that he did not propose to go into Committee on the Bill until Thursday next, and had given the Council to understand that it was not proposed to go into the matter fully. He (Mr. Mantell) did not go into the matter with any heart, or with any hope that that Bill, or any Bill they might pass, would succeed in affacing the recollections of the iniquities of which they sought to prevent the recurrence.
The Hon. Colonel WHITMORE, C.M.G., thought the honorable members from the other Island must, in cases of that kind, feel that sort of weariness and noncomprehension which he experienced occasionally himself when land questions relating to one part of that Island were under discussion. What was really wanted in the North Island, and especially by the promoters of the Bill, was to find some way of checking abuses which at prevent flagrantly existed. According to the Native Lands Act, a certain number of Natives, ten at the most, were allowed to have their names put in a Crown grant, thus becoming, in reality, trustees for the tribe, numbering, perhaps, 300 or 400 persons; and because their names were on that Crown grant, it had been customary, since the Native Lands Act came
into force, to treat those parties as if they. were the absolute fee-simple proprietors. Now, they did not really stand in that position, but were merely part co-owners and trustees for others, and the result had been, in a great many parts of the country, and in no part more than that in which he lived, that the prevailing vice of the savage had been made use of to induces him to sign away the inheritance of him people, He had frequently, when riding down from his own place, met drays heavily laden with barrels of rum, and he had asked from settlers in the locality, who happened to know, what it was, and they had said "Oh it is only another swindle." Two or three days afterwards he would hear of some 20,000 acres of land belonging to a tribe having been drunk away at some pa. An honorable member of the. other House, whose name had been mentioned already in the debate when the Sale of Spirits in Native Districts Bill was under discussion, appealed to the House to put au end to that sort of thing, and he did not appeal before there was cause, for he had been stripped of every acre of that large estate which he once possessed. Now if they accepted the testimony of that honorable gentleman, and of another honorable gentleman who spoke to the same effect on the same occasion they meet agree that the Natives themselves were desirous that something should be done to make that easy way of stripping them of their land a little more difficult. Though at present the Natives submitted, and went on submiting, to those bargains made by two or three drunken chiefs, they did so because they had not yet actually begun to feel the shoe pinch ; they would get their noses to the grindstone in a short time, and they would begin to understand what was being done when they felt the sharp pangs of want, and then honorable gentlemen would see what retribution would overtake the country for having allowed that great wrong to continue long. Now, though the particular way in which that mode of stripping the Natives of their land was practised was through their vices, it did not at all follow that the man who purchased. the land obtained it on easy terms. If that were the case there might be some ground for the argument which the Hon. Colonel Russell had adduced in favour of letting what he coed/ dered well alone.
The Hon. Colonel RUSSELL.—No.
The lion. Colonel WHITMORE, C.M.G.--
understand the honorable member to be in favour. of putting no restriction upon the sale of Native land so long as a little remnant was left in the hands of the tribe.
The Hon. Colonel RUSSELL.—No.
The Hon. Colonel WHITMORE, C.M.G might have misunderstood the honorable gentleman, in which case he hoped he would excuse him; What he (Colonel Whitmore) wished to convey le the Council was, that he did not think either party was a gainer by those transactions. The Native lands were sold exceedingly dear, and, in many, instances, it was not a profitable transaction to the European purchaser. Parties set their
heart upon a piece of land, and they did not like to abandon it, and so went on bidding against themselves until they gave more than its value. But there was a class of middlemen, chiefly storekeepers and publicans, springing up in the country, who were continually tempting the Natives to sell the land to gratify their dangerous propensities. In that part of the country from which he came it was most noticeable that the Natives were selling their patrimony for rum. Many of those bargains were entered into by the Natives without the latter knowing what they were doing. Where such sales occurred in his part of the Colony—he was not acquainted with such transactions in any other—it was not a matter of reclaiming waste lands at all. The land was already almost in every case held by Europeans for twenty-one years, and it was only an alteration of the tenure from a leasehold to a freehold. From the point of view of the honorable and gallant member, who seemed to look upon it in the same light as the late Bishop of New Zealand and a great many other people, it was desirable that the Natives should be deprived of their superfluous land to make them work. That might be a fair way of looking at it, but, in the cases lie had referred to, the superfluity of land was already in the hands of Europeans. In the district from which he came there were five different hopus, or portions of tribes, not one of which believed that they had received value for their land. Therefore he regretted that it had not been found practicable to introduce a clause into the Bill, by which retrospective action could be taken, If the Natives had received the value which they were supposed to have received, it would be opposed to their ideas of justice as well as our own, that the bargain should be set aside; but if it could be proved that they never had an equivalent for the land which a Native chief might hare held in trust for hie tribe, he thought that they should not flinch from Putting the sale aside. There was another argument in favour of the Bill to which be wished to allude. If it could be shown—and he believed it could be shown—that the Native, were so closely stripped of their land that in a short time the pressure of want would be felt, was not their interest on the same side as their sense of justice ? what could become of a tribe when they had lost everything, lazy as they were, and not naturally inclined to hire themselves out for work. The result would be that those people would march for the interior, and take advantage of the inducements which were so largely held out to them by the disaffected. If future disturbances arose out of those transactions, the blame would rest upon their own heads. They should not flinch from
legislation, though he knew that every possible
difficulty would be placed in the way of interfer- ing in the matter. It was high treason to suggest some people that those sales of the land were not right. He did not know if things were the
same in other parts of the country, but he knew, of his own
knowledge, that there was a large
person who thought it was unfair for
the Legislature to interfere. But if the Govern
ment did not interfere, who was to take the, part of those who were the real proprietors of the land ? Did they think that trustees of white people would be allowed to beggar their children in this wee Of course, they would be prevented from doing so. The weak part of the Bill wee as regarded the appointment of a trustee. He did not see how the Act could be properly administered, although his honorable friend the Minister of Justice bad devoted a great deal of attention to it. For that reason he would prefer the suggestion of the Hon. Mr. Mantel, that the chief judge of the Native Lands Court should supervise those transaction,. If a clause with a retrospective power were introduced, and the Bill became law, lie would pledge himself to the Council that it would be found that a large proportion of the sales which had taken place in the last two or three years had been made without valuable consideration. In many eases it would be found that when an equivalent was given it was in the shape of rum. Having said that, be had said enough. He believed ha had said sufficient to induce honorable members, if the Minister of Justice had the courage to bring forward a Bill such as be had suggested this session, to give him their entire support. The Bill would, no doubt, be exceedingly unpopular, hut it would be exceedingly just, not only to prevent such things occurring in the future, but to afford the Natives some redress as regarded for the transactions which bad taken place in the past.
The Hon. Mr. HOLMES had been greatly interested by the address of the last speaker. The subject was one in which they were vitally interested, much more so than at first sight appeared. The effect of such treatment would be to pauperize the Natives, who would be thrown upon the country for support. He had heard recently that in the Province from which the honorable mem ber came there had been land sold at from 5s. to 6s. an acre which was worth 15s. to 20s. an acre. He thought that the Minister of Justice should introduce a retrospective clause into the Bill before the Council, to the effect that no purchase that did not involve the payment in cash equal to ten years' rent of the land should be valid. It was the duty of the Government and the Council to protect the Maoris as against the Europeans. It was not only their duty but their interest to do so. Humanity called for it, and there should be no hesitation on the part of the Government in meeting the question and dealing out evenhanded justice. It was their business to see that the Natives were not cheated out of their Patrimony. He was also opposed to chiefs being allowed to sell the property of the whole tribe. He thought it was a great injustice, which should not be tolerated. A remedy should be found, and the matter was unquestionably in the hands of the Government.
The Hon. Mr. WATERHOUSE said he would not have troubled the Council but that he desired to draw attention to a defect in the measure, which he trusted would be remedied. The Bill proposed to deal with sales of land subsequent to Crown grants having passed the Native lands-
![]() |
4.321 333 |
▲back to top |
366 Otago Hundreds Bill. [COUNCIL.] Otago Hundreds Bill. [Aug. 29]
Court. In the district of Wairarapa, underhand attempts had been made to force land through the Native Lands Court in opposition to the will of the bulk of the owners of the land. At the present time a greatquantity of land was held by individuals who refused to come under the operation of the Native Lands Court, and there was a probability that they did not act without sufficient reason. In order to force them to do so this plan had been adopted. In some cases persons had applied themselves to the task of finding an individual possessing but a trivial interest in the land, the bulk of which belonged to a tribe, and that individual, when found, was moved to have the whole laud of the tribe brought under the operation of the Native Lands Court. Surveyors were set to work, the land was surveyed, and the matter was then considered in Court on the application of the individual having but a trifling interest in the land. The Natives, however, stood back, and felt indignant that, under such circumstances, the land should be dealt with ; and there was danger that in a short time a large quantity of land would be abstracted from the Natives, and be brought under the operations of the Native Lands Court against the wishes of a large bulk of the proprietors. There bad been in operation a system known in mining as jumping claims, and that, he was sure, had not been the intention of the Legislature. The Native Lands Court Bill was passed with a desire to promote the interest of the Natives, but they had often seen measures which were passed with the best intentions, frequently work injuriously to the interests of those immediately interested, and he feared that there were classes of people who were beginning to find out the weak points in connection with the Native Lands Court, and who were now endeavouring to direct them against the interests of the Natives. He trusted that the matter would receive the attention of the Minister of Justice. He also trusted that the measure would be passed during the present session, but that it would be made retrospective in effect. If large quantities of land had been parted with, and payment made by giving spirits to the Natives, such transactions were strictly illegal ; if, in fact, the law had been violated in that manner, it would be only fair that the transactions should be reopened and the proceedings annulled.
The Bill was read a second time, and ordered to be committed on Thursday.
TOWN OF GISBORNE LAND SALES
VALIDATION BILL.
This Bill was received from the House of Representatives, read a first time, and the second reading fixed for next sitting day.
OTAGO HUNDREDS BILL.
ADJOURNED DEBATE.
The Hon. Captain FRASER moved the second residing of this Bill.
Bill was read a second time.
motion that the Bill be committed presently,
The Hon. Dr. BUCHANAN said that when the honorable gentleman (Captain Fraser), on a previous occasion, moved the second reading of the Bill, he—probably from inadvertence, for which a new member might be pardoned—said very little in explanation of it, The honorable gentleman had, apologized to the Council for haviug introduced, the Bill, as if he were ashamed of the thing he was introducing ; but he (Dr. Buchanan) trusted the Council would not allow it to be passed over, in such a hasty manner. He confessed that he had found some difficulty in deciding whether he should support or oppose it. On the one hand, he was satisfied that it was a useful and necessary measure, which was well adapted for the purposes for which it was intended, it being merely a modification of the Otago Hundreds Regulation Act, passed last session, The principles of that Act remained untouch
and, therefore, he could not but approve of the measure; but, on the other hand, he objected to it because it had been brought into existence by, the action of a small clique in Otago, who, by misleading the public as to facts, managed to raise a feeling of discontent in respect to it. The Act, which was passed on resolutions of the Waste Lands Committee—who carefully considered the circumstances of the case—and which was supported by thirteen out of fifteen of the member, of the House of Representatives from Otago, an also by all the honorable members of the Lagislative Council who lived there, was now, without having been tried by being put into operation flung back into the face of the Assembly, and they, were required to take the amendment Bill instead and at the bidding of a handful of political agitators That was the reason why he objected to it. How could they wonder at an angry feeling being raised amongst the people, when the members of the Executive Council told thew that, by the action if the Assembly, the privileges of the Provincial Council had been trodden under foot ? One of those gentlemen addressed a large meeting if his constituents to the following effect. He (Dr. Buchanan) was not able to give the exact words of the gentleman in question, for, unfortunately he had not been able to find in the library a copy of the newspaper which contained his speech. One or two paragraphs in the speech, however, had strongly impressed themselves on his memory, and he recollected that he had asked the meeting, " What was the right and prerogative of the Provincial Council as to the land laws, viewed in the light of past history ? The Provincial Council had intimated its fiat to the Superintendent, who had intimated it to the Governor, and who, as a matter of course, but only as a matter if form, gave it his assent, and that it had thus become law." His hearers—who knew no better—. believed what was said by a person in his position, and they naturally became very indignant. He went in thus, altogether ignoring the General Assembly, and representing the Governor as being merely. puppet in the hands of the Provincial Council No wonder, then, that the people became very much irritated. He then went on to charge the members of the Assembly with having grossly.
insulted the Provincial Council ; and he added "The runholders are the sons of Ishmael ; their hand is against every man's, and every man's hand must be against them, or, else, farewell to tin prosperity of the Province." In that way a member of their paternal Government had done his best to set class against class, or rather, he should say, to all he could to excite the mass of the Community against one particular class. And, no doubt, his efforts in that direction would hevi been only too successful if the Hundreds Act had not become law. That was abundantly proved by the petitions which were presenter last session from runholders, praying for re dress against alleged injustice, and showing that their property was entirely at the mercy of, popular clamour if it were not for the protection afforded them by the General Assembly. On thai point a member of the Colonial Govcrnmen (Mr. Vogel), who knew the circumstances perfectly well, because he had lived for several years it Otago, and had held office there, and administared those land laws, very lately said in another place :—
He believed that the land laws of Otago had become a curse to it. Large numbers of persons who lived within the Province—men of means ant education—were debarred from the exercise of sufficient amount of independence, because they were liable, at the instance of any spiteful member of the community, to have their property injured.'
That Act stayed the hands of a party bent or spoliation, and hence their outcry of disappoint meat and their determined opposition to it A few mouths ago a special meeting of the provincial Council was held with the view to consider the Hundreds Regulation Act, and during that session the gentleman to whom he had referred as having harangued his constituents made a speech which occupied twenty-three columns of small type in the provincial Hansardof Otago. He had the book before him. It win a valuable work, because it cost more than £2,000 but, although it had been sent to every honorable member, few, he believed, had read it, and yet, a a curiosity of literature, it was worthy of perusal and also as illustrating the strange antics which
are sometimes played by rampant provincialism This of its content., taken from the
speech to which he had just alluded
We will not only remonstrate, but if our remonstances are in rain, where the act of the superior Legislature has a tendency to interfere will the rights mid privileges of the subject, we join remonstrance with resistance. It wa resistance thatgained the British people Magni Charta, the Bill of Rights, and such other measures, and to this day I bold the same will regard to ourselves."
These sentiments might have been aptly expressed iu the familiar line of His native bard Scots wha Wallace bled,
ScotS wham Bruce has, often led, Welcome to your gory bed,
Or to victory
He then went on in the same warlike spirit :" If we are to recognize the doctrine that
those who are placed here, notwithstanding that we see our beet interests trampled upon, are tamely to submit to whatever may be imposed upon us, then I say,
Oh, give me back my Georgian cot, It is not wealth I crave ;
Oh, let me live in freedom's light, Or die if still a slave."
That was the style of oratory which was cheered to the echo by a section of the community of Otago. In the same session another member of the Provincial Executive said :--
"Let honorable members bear in mind, if they once acknowedge the right of the General Assembly to legislate on this question, they also acknowledge the right of the General Assembly to appropriate the land revenue. I am convinced that the constitution is in greater danger from such an Act as that to which I am attempting to draw your attention, than it has been from any action taken by the Council with regard to the land regulations."
As he understood him, he laid it down that the General Assembly bad no right whatever to legislate respecting the land laws of Otago, but that that duty devolved upon the Provincial Council alone. On turning to clause 19 of the Constitution Act, however, be found it provided, "It shall not be lawful for the Superintendent and Provincial Council to make or ordain any law or Ordinance for any of the purposes hereinafter mentioned." Then followed several sub-sections, in which the different restrictions were specified. The first bad reference to the imposition or regulation of duties of customs. The ninth regulated marriages, and the tenth affected lands of the Crown. So that, according to the Constitution Act, Provincial Councils had just as much right to make laws affecting the lands of the Crown, as they had to make laws for regulating marriages or for the imposition of customs duties. Let it, be borne in mind that of the members of the Provincial Council thus specially convened to consider the Hundreds Regulation Act, " seventeen, or nearly one-half, were farmers, while of the remainder five only were connected with the runholding interest, nine with the mercantile interest, six with the gold fields, and one with the legal profession." He was quoting from the Otago Daily Times of the 14th May last. In spite of this large preponderance of one particular class, no decided expression of opinion condemnatory of the Hundreds Act was elicited, as was hoped and expected by the dominant party ; on the contrary, all the division lists showed a majority of one, except on one occasion when there were two, and once when the Speaker had to give his casting vote to decide the question. The Bill came from what was called " the other place," and they knew that-, during the present session, many things had been said and done in " the other place' with a view merely to make preparation for the hustings. It therefore behoved them, sinless they were prepared to abrogate their functions as
the conservative branch of the Legislature to
scan, with more than usual care, every that
1870] Otago Hundreds Bill. [COUNCIL.] Otago Hundreds Bill. 367
![]() |
4.322 334 |
▲back to top |
454 Supply. [HOUSE.] Supply, [Sol
187 Native Land. Frauds [COUNCIL.] Prevention Bill. 455
Mr. VOGEL, in reference to the remarks of the honorable member for Wairarapa, said that the court-house was absolutely necessary at Wan-ganui. He was in earnest in stating his opinion that it would be better if the Colony took over the seat of Government into its own charge, and made it worthy of New Zealand, and a place where honorable members would meet with some comfort. The people themselves ought to have sense enough to know that it would be much better to be citizens of a place kept up by the Colony, than citizens of a place maintained at the expense of the Provinces. The time would come, if his suggestion were carried out, when not only the people of Wellington City, but also the residents in the Province, would recognize the advantages of such a plan.
Mr. BUNNY said he thought this was a mattes which might very fairly come under the head of loan, but to charge it to the yearly income was rather more than they could bear. It was true as had been remarked, that they would benefit by the capitation grant, but, on the other hand, they were being charged with many items not charged previously.
Mr. VOGEL—No.
Mr. BUNNY said there were some which at al events bad been increased. He would be glad ti be attached to Otago, which Province he regarded as the first in the Colony. The position it hat attained was a credit to New Zealand, and if they would only promise to adrance the same amount of money as they promised to do in the case o Southland, namely, £100,000, he should have in objection whatever to a union, and he believer a Bill to effect it would, under such circumstances, be passed at once.
Mr. VOGEL said he must disagree with wha the honorable member had said in regard to the extra charges. The honorable member nigh think it was a hardship that money paid by the Provinces should be devoted to road boards.
Mr. BUNNY.—No.
Mr. TAYLOR remarked that he considered i was necessary to expend £2,000 for a court house at Wanganui. No doubt this Province, if i obtained fair play, would be in as solvent a stet as any other Province in the Colony. It wa possessed of a magnificent estate, but, in con sequence of the Native difficulties which him existed, it had not been able to take advantag of it.
Mr. VOGEL said he was not aware tba Wellington had been charged unnecessarily wit] any amount, and as to Wellington not havin received fair play, he thought the House ha, always shown itself disposed to act fairly to th Province.
Mr. TAYLOR said they had been deprived a prospective landed estate by the passing of " The Native Lands Act, 1862."
Mr. H. S. HARRISON said a courthouse we absolutely necessary, and he therefore trusted that the vote would be allowed to pass.
Mr. MOORHOUSE remarked that if a courl house was required at Wanganui it should b erected; it was, however, for the Government t
see that no more money was spent than necessary.
Mr. RICHMOND said be desired to about the next item. The court-house at in respect of which a sum of £1,100 had placed on the supplementary estimates, would erected upon the borders of Taranaki and lington, and he appealed to the Colonial who, as regarded the two Provinces, occupied impartial position, to take care that this province charge was divided equitably between the vinces. He did not object to the erection court-house, although he thought that the five style of buildings would serve our purpose in many parts of the Colony equally as well , as they would not be so expensive. He noticed after the word Pates, in the estimates, there an etc., and he certainly would like to know w it meant.
Mr. VOGEL said the building, besides being court-house, would be used for other public poses.
Mr. KELLY moved that the item be reduced by £600. The Government had derived thousand pounds from the sale of land in the township of Pates, and he thought at least of the amount should be set apart on be the court-house.
Mr. STAFFORD said the charge might be oppressive one, but he was anxious to break down the existing system ; and the more they swelling up the provincial charges against the Province which were unable to bear them, the sooner they effect a radical change.
Mr. FOX said that, being anxious to see prosper, he was glad to notice that his colleague had placed a sum on the estimates for a country house. He assured honorable members thatwas very much required.
Mr. CARRINGTON said he should thought £500 would have been sufficient for purpose indicated, and the £600, which would, saved on the item, would be sufficient to
two bridges which were much needed.
Mr. VOGEL said the Government would, accept the amendment.
Mr. BARFF called attention to the item Introduction of new Land Transfer Act, £2500 and asked how it was intended to expend amount.
Mr. VOGEL stated that it was for the
of paying the salaries of officers appointed the Act. It was anticipated that, in a short time the department would become self-supporting:
Amendment agreed to, and item as reduced agreed to.
CLASS IV.—POSTAL SERVICES, £14,885. Agreed to.
Cass V.—CUSTOMS, £7,500.
Mr. HALL called attention to the ITEM, New Lighthouses, Tory Channel and Portland Island £6,000, and asked if they were to be paid for of borrowed money, or from revenue.
Mr. VOGEL said that the House could
it to be paid out of borrowed money, but he did,
not think it would be necessary, as he believed there would bo sufficient, from the sources he had indicated in the financial statement, for the purpose.
Mr. HALL also inquired if the Government inended to employ a marine engineer in the erection of the lighthouse.
Mr. VOGEL said it was believed that, amongst the engineers who would be engaged under the immigration and Public Works Act, there would be found some one of sufficient knowledge to reader professional assistance to the department. The Government were not prepared to recommend a distinct salary for a marine surveyor.
Item agreed to.
CLASS VI.—NATIVE, £2,720.
Colonel HAULTAIN asked the Defence Minister for an explanation of the item. Aid to Settlement of surrendered Natives, £2,000
Mr. McLEAN said that, during the past year, between 600 and 700 Natives had surrendered to the Government, and it was expected that the number would increase to 1,000, and it was necessary to make provision for them. The amount in question was intended to purchase farm implements and seed potatoes for them, until they were in a position to support themselves.
Item agreed to.
CLASS VII—MISCELLANEOUS, £16,152 17s.
Mr. LUDLAM asked for an explanation of the Compensation to Thomas Goodison, £175. Mr. McLEAN said that the late member for christchurch (Mr. Travers) had frequently brought before the House the case of Thomas Goodison, who was supposed to have suffered loss at the hands of the Natives, and Major Edwards haring been appointed to investigate the case, he awaded the amount placed upon the supplementary estimates. There was some difference of opinion as to the Goodison case, but he would Lave it to the consideration of the Committee.
Mr. RICHMOND objected to the item, and considered that the claim was not altogether bona fide. He would therefore move that the item be reduced by £175, the amount of the award in Goodison's case.
Progress was reported, and leave obtained to sit again.
The House adjourned at half-past five o'clock p.m
LEGISLATIVE COUNCIL.
Friday, 2nd September, 1870.
Wellington Gas Bill—Sheep Diseases—Native Lands Frauds Prevention Bill—Immigration and Publie
works Bill—Town of Gisborne Land Sales Validation Bill—Leave of Absence.
The Hon the SPEAKER, took the chair at two O'clock
PRIVATE BUSINESS.—WELLINGTON
GAS BILL.
On the motion of the Hon. Mr. JOHNSTON, this Bill was read a third time, and passed.
SHEEP DISEASES.
The Hon. Mr. CAMPBELL brought up the report of this Committee, which was read.
NATIVE LANDS FRAUDS PREVENTION
BILL.
The Council went into Committee on this Bill. The Hon. Mr. H. R. RUSSELL moved the following new clause :—That in all cases in which the Natives of any tribe shall complain to the Trust Commissioner to the effect that any sale of lands in which they are interested has been fraudulently or illegally made, it shall be the duty of the said Commissioner to inquire into such complaint. Should it appear to him that such complaint is well founded, it shall be his duty to report the same to the Colonial Secretary, with a view to such proceedings being taken as the Governor may deem proper.
Question put, " That the clause read be a chime ,f the Bill, upon which a division was called for, with the following result :—
Majority for ... 11
Ares.
Captain Baillie, Major Richardson,
Mr. Boner, Mr. Robinson,
Mr. Doroett, Mr. H. R. Russell,
Captain busier, Mr. Seymour,
Mr. Holmes, Mr. Stokes,
Mr. Johnston, Mr. C. J. Taylor,
Colonel Kenny, Mr. J. P. Taylor,
Mr. Mantell, Mr. Waterhouse,
Mr. Miller, Colonel Whitmore. Mr. Pillows,
Noss.
Dr. Buchanan, Mr. Lee,
Mr. Campbell, Mr. McLean,
Mr. Chamberlin, Colonel Russell,
Mr. Gisborne, , Mr. Sewell.
The motion was consequently agreed to.
The Bill was reported with amendments, which were agreed to, and the Bill read a third time, and passed.
IMMIGRATION AND PUBLIC WORKS
BILL.
This Bill was further considered in Committee. The Hon. Mr. JOHNSTON moved that clause 22 be struck out.
Question put, "That the words proposed to be left out stand part of the Bill," upon which s division was called for, with the following result
Ayes .„ 17
Noes ',, 10
Majority for „. 7
![]() |
4.323 335 |
▲back to top |
564 Railways [HOUSE.] Railways Bill. [SEPT. 7
1870,] Privilege. [COUNCIL.] Messages, 665
Mr. Macandrew, Mr. J. C. Wilson, C.B.,
Mr. Main, Mr. W. Wood.
Mr. McIndoe, Tellers.
Mr. McLean, - Mr. Driver,
Mr. Parker, Mr. Moorhouse. Noes.
Mr. Barff, Mr. Kynnereley,
Mr. Dorlase, Mr. Ludlnm,
Mr. Bradshaw, Mr. McGillivray,
Mr. Brandon, Mr. O'Rorke,
Mr. Brown, Mr. Stafford,
Mr. Bunny, Mr. Taylor,
Mr. Curtis, Mr. Williamson. Mr. Dignan,
Mr. Edwards, Tellers.
Mr. Hall, Mr. Eyes, .. Mr. W. H. Harrison, Captain Kenny.
The amendment was consequently negatived.
Mr. STAFFORD moved that after the word "thousand" the words "Five hundred" be inserted, which was agreed to,
Item as amended agreed to.
Mr. BUNNY moved, "That the word. ' from Wellington to Seventy-Mile Bush ; thence diverging east and west to Napier, and to New Plymouth' be added to schedule 1, and that under the head ' maximum rate of construction' the sum of £2,000 sterling per mile be placed in the schedule," upon which a division was called for, with the following result :-
Ayes ,.. 18
Majority against... ,.. 2
AYES.
Mr. Bradshaw, Mr. O'Rorke,
Mr. Brandon, Mr. Russell,
Mr. Brown, Mr. Swan,
Mr. Carrington, Mr. Tancred,
Mr. Creighton, Mr. Taylor,
Mr. Dignan, Mr. Williamson. Mr. Eyes,
Mr. H. S. Harrison, Tellers.
Mr. Kelly, Mr. Borlase,
Mr. Ludlam, Mr. Bunny.
Noes.
Mr. Barff, Mr. McLean,
Mr. Clark, Mr. Moorhouse,
Mr. Curtis, Mr. Parker,
Mr. Driver, Mr. Studholme,
Mr. Fox, Mr. Vogel,
Mr. Hall, Mr. Wells,
Captain Kenny, Mr. J. C. Wilson, C.B. Mr. Kynnereley,
Mr. Main, Tellers.
Mr. McGillivray, Mr. Macandrew,
Mr. McIndoe, Mr. Rolleston.
The amendment was consequently negatived.
Mr. BUNNY moved as a farther amendment the insertion of the words, "from Weilington to Musterton, at a cost not exceeding £4,000 sterling per mile."
Question put, " the words proposed to be
added be so, upon which a division was called for, with the ...Wowing result
Ayes 14
Noes ... 20
Majority against ...„ ,„ 6 ,
AYES.
Mr. Borlase, Mr. Macandrew,
Mr. Bradshaw, Mr. O'Rorke,
Mr. Brown, Mr. Swan,
Mr. Carrington, Mr. Taylor. Mr. Dignan,
Mr. Eyes, Tellers.
Mr. H. S. Harrison, Mr. Brandon,
Mr. Ludlam, Mr. Bunny.
Non.
Mr. Barff, Mr. Rolleston,
Mr. Creighton, Mr. Russell,
Mr. Curtis, Mr. Studholme,
Mr. Driver, Mr. Tancred,
Mr. Fox, Mr. Vogel,
Mr. Hall, Mr. Wells,
Mr. Main, Mr. J. C. Wilson, C.B. Mr. McIndoe,
Mr. McLean, Tellers.
Mr. Moorhouse, Mr. Clark,
Mr. Parker, Mr. W. Wood.
The amendment was consequently negatived, The Bill was reported with amendments, which were agreed to, and the Bill read a third time, and passed.
BAY OF ISLANDS SETTLEMENT BILL. This Bill was read a second time, considered in Committee, reported with an amendment, which was agreed to, and the Bill read a third time, and passed.
NATIVE LANDS FRAUDS PREVENTION
BILL.
Mr. McLEAN said that the object of this Bill was to provide further security for the Nation in the transfer of their lands. The Bill had been sent down by the Legislative Council; but there was one clause in it, No. 7, which he considered objectionable, and he should move, in Committee, that it be struck out. The object of the Bill mu a very good one, and one which had been very much pressed upon the attention of the Government.
Mr. CARLETON said that he was not going to raise a discussion on the Bill, but merely to express his satisfaction at the statement which had been just made by the Native Minister. If I had not been for that statement, be should bare felt it his duty to have opposed the Bill, even by the desperate expedient of successive adjournments.
The Bill was read a second time, considered n Committee, reported with an amendments which was agreed to, and the Bill read a Oa hue, and passed.
SAVINGS BANKS BILL.
Mr. VOGEL moved, That the amendments of the Legislative Council in this Bill be not agreed to. It appeared to him that the amendments could make the Bill totally unworkable.
Motion agreed to. The Bill therefore lapsed.
MESSAGES FROM THE LEGISLATIVE
COUNCIL.
The SPEAKER announced that he had received the following messages from the Legislative Council :-
The Native Lands Act Amendment Bill, and the Volunteer Bill. He understood, although it was not expressed in the message, that the Bills were passed without amendments.
The Legislative Council had agreed to the amendments proposed by His Excellency the Governor in the Canterbury Rivers Bill.
The Town of Gisborne, Land Sales Validation Bill, with an amendment, in which they requested the concurrence of the House of Representatives. The amendment was ordered to be considered next sitting day.
SUMMARY PROSECUTIONS BILL. This Bill seas received from the Legislative Council, vend a first time, and ordered to be read a second time next sitting day.
AMENDMENTS BY THE LEGISLATIVE
COUNCIL.
The amendments made by the Legislative Connell in the Agricultural Produce Lien Bill, the Government Officers Guarantee Bill, the Militia Bill, the Wairarapa Town Lands Management Bill, end the Nelson Crown Lands Leasing Bill, were agreed to.
SUPPLY.
On the motion that this order of the day be discharged from the paper,
Mr. HALL, before the question was put, wished to ask if the Government intended to give effect to the recommendations of the Committee on Colonial Industries on the subject of bonuses for the encouragement of native industry. He had seen the report of the Committee, which had been circulated, but if he recollected rightly no sum had been placed on the estimates for bonuses. Perhaps the Colonial Treasurer would state whether the Government intended to take any steps during the year.
Mr. VOGEL took some blame to himself in the matter. A valuable report had been circa- but he had been so much occupied that he bad not had time to take action with respect to it. If the House passed a revolution authorizing the same, the Government would take upon themselves some responsibility in providing money out of the contingent votes for giving effect to some of he proposals contained in the report.
The Committee of Supply was discharged from the order paper.
The House adjourned at a quarter to one o'clock a.m.
LEGISLATIVE COUNCIL.
Thursday, 8th September, 1870.
Privilege—Public Petitions Committee—Standing Orders
on Private Bills—Immigration and Public Works Loan Bill—Defence Loan Bill—Treasury Bills Currency Extension Bill—Provincial Ordinances Validation Bill—Railways Bill—Third Readings.
The Hon. the SPRAYER took the chair at two o'clock.
PRAYERS.
PRIVILEGE.
The Hon. Major RICHMOND, C.B., brought up the following report of the Select Committee appointed to consider Messages Nos. 56 and 57, from the House of Representatives
"Your Committee have the honor to report that they recommend the following resolution;—"As the Messages Nos. 66 and 57, from the House of Representatives, refer to a Bill in the possession of the Council, and as it is a high breach of privilege for either branch of the Legislature to interfere, in any other than the regular and constitutional manner, in the proceedings of the other branch, the Council seeks to be informed upon the points upon which it is desired to examine the Hon. Mr. Sewell and the Clerk of the House, before it makes a final reply to the Messages referred to.
"J. RICHARDSON, Chairman." He would move that the report be agreed to. Motion agreed to.
PUBLIC PETITIONS COMMITTEE. The Hon. Captain BAILLIE brought tip the report of the Public Petitions Committee on the petition of certain settlers of Taranaki.
MESSAGES FROM THE HOUSE OP
REPRESENTATIVES.
The Hon. the SPEAKER announced that he hod received the following Messages from the House of Representatives :-
The Bay of Islands Settlement Bill, which was read a Brat time, and the second reading fixed for next sitting day.
That they had agreed to the amendments made by the Legislative Council in the Agricultural Produce Lien Bill, the Government Officers Guarantee Bill, the Wairampa Town Lands Management Bill, the Militia Bill, and the Nelson Crown Lends Leasing Bill.
That they had passed the Native Lands Fraud Prevention Bill with an amendment, in which they requested the concurrence of the Legislative Council. The amendment was agreed to.
STANDING ORDERS ON PRIVATE
BILLS.
The Hon. Major RICHMOND, C.B., in moving the motion standing in his name, said that it must be acknowledged that the rules and orders on private Bills required revision, but those which had been referred to the Council had reached it at
![]() |
4.324 336 |
▲back to top |
NEW ZEALAND.
305
TRICESIMO TERTIO ET TRICESIMO QUARTO
VICTORIA, RI-i: G I N It.:•
No. LXXV.
etre***********************•**********************************
ANALYSIS.
7. Appeal to be ea provided by rules.
Title. 8. Supreme Court may make order.
Preumhle. 9. Governor and Judge of Supreme Court may
Short Title. make rules.
Governor in Council may proclaim districts. 10. Governor may appoint Barrister of Supreme
8. The Go vernormay appoint Trust Commissioners. Court to act.
4. No alienation to be valid without consent of 11. Equitable jurisdiction of Supreme Court not Commissioner. interfered with.
5. Trust Commissioner to inquire into nature of 12. False evidence perjury.
*diens don . 13. Governor in Council may make regulations for
6. Trust Commissioner to indorse on deed certifl- guidance of Commissioners.
cote of satisfaction. 14. Governor may fix fees.
AN ACT to prevent Improvident Dealings and Frauds Title.
upon the Alienation of Land held by Natives.
[z 2th September 187o.]
WHEREAS there is reason to believe that frauds and abuses are Preamble. practised in connection with the alienation of land by Native proprietors and that lands held by them upon trusts have been improperly disposed of and dealt with and it is expedient to prevent as far as possible the practice of such frauds and abuses
BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows-
The Short Title of this Act shall be " The Native Lands Frauds Short auto. Prevention Act 1870."
The Governor in Council may by Proclamation in that behalf Governor in council from time to time define districts to be called Native Trust Districts MisPm°41.1 "" and bring the same under the operation of this Act and may at any time and from time to time thereafter alter the boundaries of such districts or withdraw any district or any part of any district from the operation of this Act.
Supplement to the New Zealand Gazette, Ye. 48, of the 13th September 1870.
![]() |
4.325 337 |
▲back to top |
306 33° & 34° VICTORIÆ. No. 75.
Native Lands Frauds Prevention.
The Governor may appoint Trust Commissioners.
No alienation to be valid without consent of Commissioner.
Trust Commissioner to inquire into nature of alienation.
Trust Commissioner to indorse on deed certificate of satisfaction.
Appeal to be as provided by rules.
Supreme Court may make order.
Governor and Judge of Supreme Court may make rules.
The Governor may from time to time by warrant under his hand appoint any person to be a Trust Commissioner for any district or for more than one district created under the provisions of this Act and may from time to time revoke or alter any such appointment.
No alienation whether absolute or limited and whether in fee–simple or for any less estate of land held by any Native or Natives under title derived from the Crown or under any Act of the General Assembly and whether or not subject to any trust and whether such trust be expressed or implied shall be valid if such alienation shall be contrary to equity and good conscience and in the case of land held under any trust, if the same shall be in, contravention of the trusts affecting the said, land or is not made in conformity with such trusts or if the consideration for such alienation either in whole or in part arises out of or is founded either directly or indirectly upon any contract for or in relation to the sale or supply of spirituous or fermented liquors or of arms or other warlike implements or stores or is in any way of an illegal nature and every deed intended to effect any alienation contrary to the provisions of this Act shall be null and void to all intents and purposes whatsoever.
It shall be the duty of the Trust Commissioner to ascertain as far as possible the circumstances attending every such alienation and especially to inquire whether the same is valid within the intent and meaning of the last clause and whether the parties to the transaction understand the effect thereof and–also as to the nature of the consideration intended to be paid or given upon such alienation and to satisfy himself that the consideration purporting to be paid or given is or has been actually paid or given and that sufficient land is left for the support of, the Natives interested in such alienation and for that purpose a Trust Commissioner shall have all the powers which by "The Commissioners Powers Act 1867" are given to a Commissioner appointed by such Act.
If the Trust Commissioner shall be satisfied With the result of such inquiries he shall indorse on the principal or only instrument a certificate under his hand to that effect in such form as shall be from time to time prescribed by the Governor in Council and no such instrument shall be registered in any Registry of Land or Deeds or be received as evidence in any Court of Law or Equity without such certificate indorsed.
Any person aggrieved by any act of the Trust Commissioner in relation to the giving or withholding such certificate may appeal to the Supreme Court against the decision of the Trust Commissioner and such appeal shall be made within such time and in such form and with such provisions as to notice of appeal and as to the effect of such notice and shall be heard and determined in such manner as shall "be fixed and provided in that behalf in the rules of procedure hereinafter directed to be, made.
If upon the hearing of such appeal the Supreme Court shall be of opinion that the approval of the Trust Commissioner ought to have been withheld or have been given as the case may be the said Court may by order prohibit or authorize the proposed alienation as the case may require and such order shall have the same force and effect as a refusal or consent as the case may be by the. Trust Commissioner.
The Governor in Council may with the approval of a Judge of the Supreme Court make and from time to time alter revoke or amend such rules of practice and procedure for regulating proceedings under this Act as to him shall seem fit and such rules when published in the New Zealand Gazette shall have the force of law.
![]() |
4.326 338 |
▲back to top |
1870. 33° & 34° VICTORIÆ. 307
Native Lands Frauds Prevention.
The Governor in Council may with the approval of a Judge of the Supreme Court appoint any person being a barrister of the Supreme Court to hold office during pleasure to exercise the jurisdiction of the Supreme Court in matters within the provisions of this Act for any district or districts created under the provisions of this Act and such person when so appointed shall for the purposes of this Act have all the power and authority of a Judge of the Supreme Court.
Nothing in this Act contained shall limit or interfere with the power of the Supreme Court in its equitable jurisdiction to avoid or set aside any transaction coming within the provisions of this Act on the ground of fraud or to make such order therein as to the said Court may appear just subject nevertheless to the rights and interests of any bona fide purchaser for valuable consideration and without notice.
Every person wilfully and corruptly giving false evidence upon oath before any such Trust Commissioner shall be guilty of perjury.
The Governor in Council may from time to time make regulations for the guidance of Trust Commissioners to be appointed under the provisions of this Act in the performance of their duties and such regulations may from time to time alter vary amend or repeal and such regulations shall be published in the New Zealand Gazette.
The Governor in Council may by order in that behalf fees to be paid in respect of any proceedings before the Trust Commissioners under the provisions of this Act and such fees shall be demandable and payable accordingly.
WELLINGTON, NEW ZEALAND:
Printed under the authority of the New Zealand Government, by GEORGE Government Printer.
Governor may appoint Barrister of Supreme Court to act.
Equitable jurisdiotion of Supreme Court not interfered with.
Pulse evidence perjury.
Governor in Council may make regulations for guidance of Commissioners.
Governor may fix fees.
![]() |
4.327 339 |
▲back to top |
G.—No, 7A.
INSTRUCTIONS TO TRUST COMMISSIONERS
Sir--- Native Office, Wellington, 18th March, 1871
I have the honor, by direction of Hon. Mr. Sewell, to enclose herewith copy of instructions to Trust Commissioners under " Native Lands Frauds Prevention Act, 1870."
I have, &c.,
H. HALSE,
Assistant Native Secretary.
Circular to Trust Commissioners appointed under "The Native Lands Frauds Prevention Act,
1870."
Sir,— Native Office, Wellington,
I have the honor to inform you that His Excellency the Governor has been pleased to appoint you to be a Trust Commissioner under " The Native Lands Frauds Prevention Act, 1870," and to enclose your warrant of appointment. A notification thereof appears in the New Zealand Gazette of the instant, and I have to request you to be good enough to cause it to be republished for general information in the Gazette of the Province, and once or twice in some of the local newspapers.
The district within which you are to act has been defined by a Proclamation under the hand of
i
His Excellency the Governor in Council, and will be found published in the New Zealand Gazette of the instant.
The necessary Orders in Council fixing fees to be paid in respect of proceedings before the Trust Commissioners, the rules of practice and procedure for regulating proceedings under the Act, and regulations for the guidance of Trust Commissioners, will be published on an early day.
I enclose you a copy of the Act above referred to, and of " The Commissioners Powers Act, 1867," under the latter of which you are empowered to examine witnesses on oath, and to refund to them their actual expenses, for travelling and maintenance during their absence from their usual places of residence, according to the scale allowed to witnesses in civil cases by the rules of the Supreme Court.
You should notify both in the Provincial Gazette and in the local papers the times and places at which you will be prepared to act in your capacity of Trust Commissioner ; and in connection with this, I may state that the Government is of opinion that a greater interval than seven days should not elapse between one and another sitting.
A record should be kept of all transactions passing through your hands, giving the following details in each case—viz., the names of parties, the area of the land, the consideration money, and the character of the transaction. A copy of this record should periodically, say at intervals of six months, be transmitted to the Native Minister.
I have now to draw your attention to the general scope and intention of the Act, which is to, insure in all land transactions between Natives and Europeans a system of fair dealing.
The object the Government has chiefly in view is to prevent, as far as possible, the mal-administration of lands vested in trustees for the Natives, in cases where trusts have been created in the names of individual proprietors, but really for the benefit of Native communities ; to take care that those trusts are fulfilled, and that lands are not alienated so as to defeat the true objects of the trust.
The Act declares that transactions which are plainly against law and equity shall be invalidated, and provides means by which the circumstances attending those transactions shall be investigated. It also provides an easy, cheap, and speedy process to which parties, whether Europeans or Natives, might resort for determining questions arising out of such transactions.
No alienation of Native land is henceforth to be made until the Trust Commissioner shall have satisfied himself that the transaction is fair and equitable ; that it is not in contravention of the trusts affecting the land ; and that the consideration for such alienation does not arise, either wholly or in part, directly or indirectly, upon any contract for sale of liquor or arms. Such transactions being forbidden by public policy and equity, the Act provides that every deed intended to effect any alienation of this character should be null and void.
Your duty will therefore be to inquire into the circumstances attending every alienation, the nature of the consideration, whether it has been paid, and whether the parties understand the nature of the transaction.
For the purpose of enabling you to discharge this duty, you have the powers vested in Commissioners under the Commissioners Powers Act. If you are satisfied that in each case the requirements of the Act have been complied with, you should certify to that effect ; and no instrument relating to the alienation of such lands will be allowed to be registered, or admitted as evidence in any Court of law, without your certificate as Trust Commissioner.
I have to point out to you that while the Government is most anxious that the equitable rights of all parties should be preserved by means of the provisions of this Act, care should be taken not to permit an over scrupulous anxiety to prevent inequitable bargains from interfering with the legitimate transfer of property, otherwise the Act would be made a dead letter, and the object the promoters of it had in view would be frustrated.
The Trust Commissioner.
I have, &c.,
H. SEWELL
(in the absence of the Native Minister).
![]() |
4.328 340 |
▲back to top |
162 APPENDIX TO REPORT ON COUNCIL PAPER No. 97.
No. 23.
•
INSTRUCTIONS to Trust Commissioners under "The Native Lands Frauds Prevention Act, 1870." THE Government wish you to understand that the object of the Native Lands Fraud Prevention Act is not to throw difficulties in the way of bonâ fide transactions ; on the contrary, to give every facility to their completion. As your proceedings are at present experimental, you have full authority to use a wide discretion as to the manner in which they are conducted.
Except in cases when you have reason to believe there is fraud or illegality, you should give the certificate as a matter of course.
Your inquiries need not, in ordinary cases, be too minute.
Every person who presents an instrument requiring your certificate, should, whenever practicable, bring before you the Natives who have executed the deed, and you should examine those Natives in the absence of all persons but yourself and interpreter, and enquire-----
First. Whether they arc the parties executing the deed or other instrument ?
Secondly. Whether they understand the effect of the instrument ? If they do not, you should proceed to explain it fully to them.
Thirdly. What was the true consideration for the alienation, and particularly to enquire :—(1.) Whether such consideration in whole or in part, was a supply of fermented liquors or spirituous liquors ; or (2), of arms or warlike stores, &c., or in any way of an illegal nature ?
Fourthly. Whether the consideration expressed or agreed to be given, has been paid or given.
Fifthly. What other lands the Natives have.
If the testimony of the Natives appear unreliable, or if you have any reason to think that the Natives are not stating the truth, you should require the applicants to produce other testimony.
If the consideration given, or agreed to be given, is grossly inadequate ; if the Natives appear to you to have been deceived in the transaction; or if the consideration or any part of it consists of the supply of spirits, &c., or arms., &c., then you should refuse your certificate. Also, if it should appear to you that the transaction is so improvident on the part of the Natives as to be likely to reduce them to a state of pauperism, then you should refuse your certificate. If the consideration is not in itself objectionable, but has not yet been paid or given, you should see that it is given before signing your certificate.
If there is any trust expressed in the grant under which the Natives hold, and it is manifest that the proposed alienation is contrary to the terms of the trust, you should not grant your certificate. Nor should you grant your certificate when the proposed alienation is contrary to any trust which may be implied from the terms of the deed. It is not considered to be part of your duty to inquire minutely into the question whether there is any undisclosed trust. However, if, in the course of the investigation it should be made clearly to appear that there is some constructive trust, and the alienation is clearly in contravention of that trust, it is considered that your certificate should be refused. It is considered that where lands have been granted by the Crown to certain Natives, after investigation of title in the Native Lands Court, and the grant discloses no trust, none is to be implied ; nor is the fact that it was by arrangement with others interested in the land that the certificate of the Court was ordered to the grantees, instead of those others, to be taken by you as evidence of any constructive trust. It is considered that the word "implied" in the fourth section of the Act means implied from the terms of the instrument under which the Natives held.
If by reason of the Natives who executed the deed being at a distance, or being in ill health, so as not to be able easily to travel, and you think it reasonable that personal attendance before you should not be required, then it is considered that you should be satisfied with a report from some person deputed by you to make the inquiries. Whenever practicable, Resident Magistrates should be requested to make the inquiries, and to report to you, and those officers will be instructed by Government to do so in all cases on which you request them to report to you, and they should proceed in the manner above pointed out with regard to your inquiries.
It is desired to work this Act at as litttle expense as possible, either to the applicant or to the public. You should, therefore, not issue any warrant for attendance of witnesses unless the applicant will bear the expense. No fees will at present be demanded.
It is considered that you will find it more convenient to give notice that certain days and times will be set apart for the purpose of holding inquiries. Government is of opinion that you should not refuse to hold inquiries at other times, if requested so to do by the applicants.
It is not considered necessary that any public notice should be given of the effect of this Act. At any rate, such notice should be published by and with the sanction of the Government.
![]() |
4.329 341 |
▲back to top |
4 REPORT OF THE TRUSTS COMMISSIONER UNDER
The Act is undoubtedly a great bar to the acquisition of native lands, even to the bona fide purchaser, and, consequently, is by no means popular. It has, however, put a stop to improper and unfair dealings in native lands, and has removed entirely the ground of complaint on the part of the Native, that they were inveighled into transactions they did not understand.
I cannot close my letter without expressing my opinion that Mr. Turton has carried out a very difficult and delicate duty with great discretion and firmness, and knowing as I do all the difficulties he has had to contend with, and the pressure he has had to resist, I think he deserves much credit..
I have, &c..,
The Hon, the Native Minister, Wellington. J. D.ORMOND.
Enclosure 1 in No: 1.
Mr. TURTON to Mr. ORMOND.
Office of Trust Commissioner,
SIR,— Napier, 5th June, 1871.
I have the honor to enclose for your information a copy of the minutes of my proceedings for the three months ending 31st ultimo, excepting of my proceedings with reference to the conflicting applications, by Mr. Edward Towgood and Mr. John McKinnon respectively, for certificates in respect of two several leases obtained by them respectively from the Native owners of the Arapawanui Block. As soon as I have completed my enquiries touching the applications mentioned, and have arrived at a decision I will report to you thereon.
With reference to the transactions between Pari Te Puna and Mr. Newton, particulars whereof are contained in the enclosure, I should observe that I examined Te Puna very carefully with respect to the giving back of the cheque for £20, and I came to the conclusion from the replies he made to questions cautiously put by me to him, and without his appearing to know the bearing of them, that .he never considered he had any right of property in or dominion over the cheque in question. The conclusion to which I came was further strengthened by an admission made to me by Mr. Newton, to the effect that when the cheque for £20 (with the other moneys) was given to Te Puna, it was accompanied with an intimation that it ought or should be given back. I was satisfied, therefore, that Te Puna considered that he had no right to keep the cheque, but thought that it was his duty to return it to Mr. Newton, the intimation made to Te Puna at the time he received it operating on his mind as an obligation to give it back.
As the giving back of the cheque, voluntarily or not, was thus tested by me, and found not to have been given back by Te Puna with the full knowledge and belief that he had a right to keep it, I considered that the whole of the purchase money of £60 was not paid within the meaning of the Native Land Frauds Prevention Act, and so I withheld any certificate.
I have, &c.,
HANSON TURTON,
The Hon. Mr Ormond, Napier. Trust Commissioner.
Sub-Enclosures to Enclosure 1 in No. 1.
MINUTES OF PROCEEDINGS, Re TE HAPUKU.
12th April, 1871.
MR. WILSON, solicitor, conferred with me with reference to a deed of conveyance and assignment by Te Hapuku of all his estate and effects unto Henry Robert Russell, of Mount Herbert, near Waipu-kurau, Province of Hawke's Bay, and Thomas Purvis Russell, of Woburn, near Waipukurau, Esquires, for the benefit of his creditors.
This deed, dated 17th March, 1871, and made between Te Hapuku of the first part, the Messrs.
H.R. and T. P. Russell of the second part, and the several persons whose names and seals were thereto subscribed and affixed, creditors of Te Hapuku, of the third part. After reciting the, indebtedness of Te Hapuku unto the parties of the second and third parts in the sums I money set opposite their names in the schedule expressed to be thereunder written, the deed purported to convey and assign all the estate and effects of Te Hapuku unto the Messrs Russell upon trust to sell the same. The usual power of sale, followed. The proceeds of all sales were to be applied (1) in payment of costs of preparing the deed, and (2) in paying and satisfying rateably and proportionately, and without any preference or priority, the debts and sums of money due by Te Hapuku. The residue (if any) should be paid to Te Hapuku. There was in the deed a proviso that the trustees (Messrs. Russell) may return to Te Hapuku part of his household furniture and effects, as they may deem expedient and make him an allowance not exceeding £1 per week for such period as the trustees might think proper. Then followed the following other provisos :--(1.) That the trustees might, at the expense of the trust estate, require the amount of any debts to be verified by statutory declaration, or in such other manner as to the trustees might seem expedient. 2. That the trustees might charge the ordinary and proper commission for winding up the estate, and (3) enabling the trustees to investigate accounts and transactions between Te Hapuku and other persons, and to commence and prosecute any actions and to prosecute suits for the purpose of investigating accounts, and that the cost of such suits should be paid out of the estate. The usual release by creditors was next and at the end expressed. The deed purported to have been executed by Te Hapuku on the 17th March, 1871, in the presence of J. N. Wilson, solicitor, and James Grindell, licensed interpreter, and to have been signed by the Messrs. Russell on the same day. The usual statutory
declaration by Mr. Grindell, that Hapuku understood the nature and effect of the deed, was endorsed thereon. No creditors (other than the trustees), however, had signed the deed, and there was no list of lands owned by Te Hapuku, or in which he held interests, appended to the deed.
Te Hapuku is one of the largest landholders in this Province.
![]() |
4.330 342 |
▲back to top |
4 REPORT OF THE TRUSTS COMMISSIONER UNDER
The Act is undoubtedly a great bar to the acquisition of native lands, even to the bona fide purchaser, and, consequently, is by no means popular. It has, however, put a stop to improper and unfair dealings in native lands, and has removed entirely the ground of complaint on the part of the Native, that they were inveighled into transactions they did not understand.
I cannot close my letter without expressing my opinion that Mr. Turton has carried out a very difficult and delicate duty with great discretion and firmness, and knowing as I do all the difficulties he has had to contend with, and the pressure he has had to resist, I think he deserves much credit..
I have, &c..,
The Hon, the Native Minister, Wellington. J. D.ORMOND.
Enclosure 1 in No: 1.
Mr. TURTON to Mr. ORMOND.
Office of Trust Commissioner,
SIR,— Napier, 5th June, 1871.
I have the honor to enclose for your information a copy of the minutes of my proceedings for the three months ending 31st ultimo, excepting of my proceedings with reference to the conflicting applications, by Mr. Edward Towgood and Mr. John McKinnon respectively, for certificates in respect of two several leases obtained by them respectively from the Native owners of the Arapawanui Block. As soon as I have completed my enquiries touching the applications mentioned, and have arrived at a decision I will report to you thereon.
With reference to the transactions between Pari Te Puna and Mr. Newton, particulars whereof are contained in the enclosure, I should observe that I examined Te Puna very carefully with respect to the giving back of the cheque for £20, and I came to the conclusion from the replies he made to questions cautiously put by me to him, and without his appearing to know the bearing of them, that .he never considered he had any right of property in or dominion over the cheque in question. The conclusion to which I came was further strengthened by an admission made to me by Mr. Newton, to the effect that when the cheque for £20 (with the other moneys) was given to Te Puna, it was accompanied with an intimation that it ought or should be given back. I was satisfied, therefore, that Te Puna considered that he had no right to keep the cheque, but thought that it was his duty to return it to Mr. Newton, the intimation made to Te Puna at the time he received it operating on his mind as an obligation to give it back.
As the giving back of the cheque, voluntarily or not, was thus tested by me, and found not to have been given back by Te Puna with the full knowledge and belief that he had a right to keep it, I considered that the whole of the purchase money of £60 was not paid within the meaning of the Native Land Frauds Prevention Act, and so I withheld any certificate.
I have, &c.,
HANSON TURTON,
The Hon. Mr Ormond, Napier. Trust Commissioner.
Sub-Enclosures to Enclosure 1 in No. 1.
MINUTES OF PROCEEDINGS, Re TE HAPUKU.
12th April, 1871.
MR. WILSON, solicitor, conferred with me with reference to a deed of conveyance and assignment by Te Hapuku of all his estate and effects unto Henry Robert Russell, of Mount Herbert, near Waipu-kurau, Province of Hawke's Bay, and Thomas Purvis Russell, of Woburn, near Waipukurau, Esquires, for the benefit of his creditors.
This deed, dated 17th March, 1871, and made between Te Hapuku of the first part, the Messrs.
H.R. and T. P. Russell of the second part, and the several persons whose names and seals were thereto subscribed and affixed, creditors of Te Hapuku, of the third part. After reciting the, indebtedness of Te Hapuku unto the parties of the second and third parts in the sums I money set opposite their names in the schedule expressed to be thereunder written, the deed purported to convey and assign all the estate and effects of Te Hapuku unto the Messrs Russell upon trust to sell the same. The usual power of sale, followed. The proceeds of all sales were to be applied (1) in payment of costs of preparing the deed, and (2) in paying and satisfying rateably and proportionately, and without any preference or priority, the debts and sums of money due by Te Hapuku. The residue (if any) should be paid to Te Hapuku. There was in the deed a proviso that the trustees (Messrs. Russell) may return to Te Hapuku part of his household furniture and effects, as they may deem expedient and make him an allowance not exceeding £1 per week for such period as the trustees might think proper. Then followed the following other provisos :--(1.) That the trustees might, at the expense of the trust estate, require the amount of any debts to be verified by statutory declaration, or in such other manner as to the trustees might seem expedient. 2. That the trustees might charge the ordinary and proper commission for winding up the estate, and (3) enabling the trustees to investigate accounts and transactions between Te Hapuku and other persons, and to commence and prosecute any actions and to prosecute suits for the purpose of investigating accounts, and that the cost of such suits should be paid out of the estate. The usual release by creditors was next and at the end expressed. The deed purported to have been executed by Te Hapuku on the 17th March, 1871, in the presence of J. N. Wilson, solicitor, and James Grindell, licensed interpreter, and to have been signed by the Messrs. Russell on the same day. The usual statutory
declaration by Mr. Grindell, that Hapuku understood the nature and effect of the deed, was endorsed thereon. No creditors (other than the trustees), however, had signed the deed, and there was no list of lands owned by Te Hapuku, or in which he held interests, appended to the deed.
Te Hapuku is one of the largest landholders in this Province.
![]() |
4.331 343 |
▲back to top |
"THE NATIVE FRAUDS ACT, 1 8 7 0." 5
Mr. Wilson considers that the deed in question did not strictly come within the scope of the Native Lands Frauds Prevention Act. I expressed my opinion that it did, and informed him that if he desired a certificate, the, deed should first be completed by his procuring the signature of all Te Hapuku's creditors, and by appending a correct list of all lands in which Te Hapuku was interested. On the deed being completed, I would be prepared to consider any application he might make for a certificate.
18th April.
Mr. Wilson called at my office with reference to this matter. He handed a letter to me dated 17th March 1871, purporting to have been signed by Te Hapuku, requesting me to issue a certificate without requiring him to attend personally ; also a statutory declaration by Mr. Purvis Russell, dated 6th April, 1871, that the deed of assignment received the full assent of Te Hapuku. Mr. Wilson requested that I would issue a certificate without examining Te Hapuku, leaving it to the Trustees to sift the claims of creditors, or ask Mr. T. P. Russell, who is a J.P., to act for me as Trust Commissioner. I declined to comply with either of his requests, considering that I should either enquire into all transactions myself, or that I should request a Magistrate, other than one of the Trustees, to do so for me. I was the more resolved that Te Hapuku should be examined by me or by a Magistrate, in as much as the deed, when presented to me, only operated as a deed of conveyance and assignment at common law, and was not binding on dissentient creditors, Mr. Wilson having failed to bring the deed within the provisions of the Bankruptcy Acts by not complying with the requirements of those Acts. After long discussion and argument, I informed Mr. Wilson that I could only treat the transaction as any other transaction under the Native Land Frauds Prevention Act, and intimated to him that as soon as the deeds were properly completed I would be prepared to hear an application for a certificate.
14th May.
To-day Messrs P. Russell and J.N. Wilson waited upon me with Te Hapuku. Mr. Wilson requested me to examine Te Hapuku with reference to the deed of assignment, executed by him prior to the deed being completed. I agreed to put a few preliminary questions to Te Hapuku as to the transaction, subject to my right and duty to examine Te Hapuku over again when the deed were completed. Mr. Wilson stated that the amount of Te Hapuku's unsecured debts amounted to about .£360.
In reply to a question from me, Te Hapuku admitted his signature to the deed. He stated that when his trap had been seized in execution on a judgment obtained against him by Watt Brothers about six weeks ago, he wished or arranged with the Messrs. Russell to release his trap, and mind his property (tiaki i aku whenua) until he should return from the Wairarapa, whither he then intended to proceed for a short time, and he understood that he should have his land back again after his return from the Wairarapa. He objected to the deed as explained by me to him, saying that he never agreed that his property should be given up to the Messrs. Russell, with power to sell for the purpose of paying his debts, and that he considered that he had not parted with his interest in the land; and that he never wished the Trustees under the deed to pay his debts.
16th May.
On Mr. Russell and Mr. Wilson calling upon me this morning, I informed them of the result of the questions put by me to Te Hapuku. Mr. Russell stated that if it were not Te Hapuku's desire that be should manage his affairs he would not, of course wish to do so.
I have,&c.,
His Honor J. D. Ormond, HANSON TURTON,
Napier. Trust Commissioner.
PART OF TE WHARAU BLOCK.— 2,046A.
14th April, 1871.
Mr. Newton, merchant, called at my office with Mr. Grindell, Interpreter, and Pei to Kuna. Mr. Newton produced a deed of conveyance of equity of redemption, dated 17th September, 1870, made between Enoka to Rua, Te Kako; Atareta Mangomango to Pukepuke, Rawenata Taui, Peni to Puna, Hone Rautahi, Eru te Whakamamoko and te Hira Rauperaha, of the one part, and Thomas Kennedy Newtown of the other part. The deed purported to convey the equity of redemption of the natives in 2,046 acres of land, being part of Te Wharau Block in this Province; and had been signed before the Native Land Frauds Prevention Act was brought into operation in this district by the above named Natives, eecepting by Peni to Puna, who had subsequently executed the deed. Mr. Newton, therefore, applied for a certificate in respect of Peni te Puna's interest only.
On looking into the title I discovered that the property was leased on 1st October, 1867, for 21 years to a Mr. Couper, of Havelock, at a rental of £120 per annum for the first 13 years, and at a rental of £150 per annum for the remaining eight years; and that the lease was signed by all the Native grantees, nine in number. The property was subsequently, and on the 19th July, 1869, mortgaged by seven of the Natives, not including Te Puna, to Mr. Newton to secure £250, and all sums of money which might thereafter be due on an account current between them. At the date of the conveyance of the equity of redemption under notice, the amount which the Natives owed Mr. Newton on the account was about £1,000, the full value of the interests of the Natives in the property ; and they had then conveyed their remaining equity in the land to Mr. Newton in settlement of his account. However, as regarded the signature of Te Puna, the deed under notice operated as a simple and entire conveyance of his interest in the land, and Mr. Newton had agreed to give him about £40, being the balance, and as his share of the consideration of £1,000.
On making the proper and necessary enquiries of Te Puna, directed by the Act before mentioned, I learnt that the greater part of the consideration of £1,000 had been received by his people, including the other grantees, in money and goods, and that a portion of it had been given in spirits. Though £40 was a small sum to be paid to Te Puna for his interest, assuming it to be an equal undivided ninth share in the land, it appeared from Te Puna's statements that his relations, whose names were not in the grants, had received from Mr. Newton money, goods and spirits, to such an extent that Mr. Newton would, with the £40 now to be paid, have given adequate value for the interest ; and Te Puna was willing to recognise all
2
![]() |
4.332 344 |
▲back to top |
G–No 7.
6 REPORT OF THE TRUSTS COMMISSIONER UNDER
payments to his relations as if having been made on his own account. I therefore informed Mr. Newton that I would not withhold my certificate on the ground that £40 might not be enough for the interest ; but I stated that if I did so recognise the payment of the consideration in the manner indicated, I should also have to notice the fact that part of the consideration, viz., the supply of spirits was of an illegal nature. I observed that illegality in part of the consideration rendered the whole consideration illegal, and that being so I could not grant a certificate. He resolved upon consulting his solicitor. Shortly afterwards Mr. Wilson, solicitor for Mr. Newton, called upon me, and we dismissed the question of illegality of consideration, and Mr. Wilson agreed with me in the view I took, and cattle to the conclusion that he would advise his client to enter into a fresh transaction with Te Puna. In reply to a question from Mr. Wilson, I informed him that if a new contract were entered into, I would not, bringing in mind the surrounding circumstances, decline to give a certificate on the ground of gross inadequacy of consideration, if Te Puna were to receive a sum at the rate of about four or five years' purchase of his share in the rentals under the lease subsisting over the property. I had learnt from a reliable authority that Mr. Newton had paid pretty well full value for the land ; but unfortunately for him,a small part of the consideration, to the extent of £16 or £20, had been paid in spirits.
18th April, 1871
Mr. Grindell appeared with Te Puna and a simple deed of conveyance by Te Puna to Mr. Newton of his estate and interest in part of Te Wharau Block (2,046 acres), in consideration of £60. The Native admitted his signature, and acknowledged the transaction. He also stated that his people had other land to live upon, viz., Kaokaoroa and Ngawhakatatara Blocks, and also inalienable land at Pakepake. Necessary evidence having been obtained of Te Puna's power to alienate the land, I intimated that a certificate would be granted on my being informed that the consideration was properly paid.
19th April, 1871.
Mr. Newton produced, this morning, a letter to me from Te Puna, dated the previous day, acknowledging to have received £60. I informed Mr. Newton that on the previous evening I had seen Te Puna going home to his settlement, and that he told me that he had only got £40: that he had received £60—£40 being in money,notes, and cheque, and £20 in one cheque; that he had been told to give back the cheque for £20, which he has done, but that he considered he ought to have' the whole £60, and that his letter was not correct Mr. Newton told me that he had had nothing to do with the giving back of the cheque for £20, although he considered it only fair that it should be given back; as he had, without that sum, paid full value for the land, and that he believed the Native had given back the money voluntarily. I informed Mr. Newton that I could not give a certificate until the Native had received the full amount of £60 .
I have, &c.,
His Honor J.D.Ormond, HANSON TURTON,
Napier. Trust Commissioner.
TAUMATA BLOCK-27A.
24th April, 1871.
Mr. M. Hamlin, interpreter, appeared with Manaena Tini Karaitiana Takamoane, Te Waka Kawatinai, Ahere Te Koari, Hare Torotoro, and Wi Manaia, and produced a deed of lease, dated 24th April, 1871,of the above block, situate at Waitangi, to Samuel Parsons, of Napier, butcher, for three years from the date-of the lease, at a rental of £45 per annum, payable by equal annual payments. There was a covenant by Mr. Parsons in the lease, that he would fence in all the graveyards. All the Natives admitted their signatures, were satisfied with the rent reserves, and understood the document to be a lease. Karaitiana, however, on behalf of himself and the other Natives, stated that if the grave yards were not fenced in at once they would re-enter on the land and cancel the lease; but I informed that as the lease was at present drawn, they would not, be able-to re-enter, though they would have a right of action, against Mr. Parsons should he execute the lease. They then objected to the lease entirely, ,saying that it was distinctly understood that thelease should be cancelled if the graves were not fenced in at once. I informed Mr. Hamlin of the objection of the Natives to the deed, and: he promised to confer with Messrs. Maddock and Stedman,solicitors, for Mr. Parsons. The Natives then withdrew.
5. o'clock, p.m.
Mr.Maddock appeared with the Natives,and a new deed of lease containing the terms in the former lease, but having also an express preview for re-entry in ease the'. graveyards should not be fenced in within a month from the date of the deed. I informed the Natives that the new deed expressed their wishes. They acknowledged their signatures,and approved of the lease. They stated that they had other lands to live upon, viz,Waikahu, containing about 690 acres; Te' Tuninga, containing about 600 acres ; Hikutoto Block, and other lands.
Henare Tomoana was also a party to.the lease, but had not signed it ; and was absent, being ill.
5th Mays 1871.
Mr. Maddock appeared with Henare Tomoana.Henare Tomoana acknowledged his signature to the deed. He understood the nature and effect of the deed, and consented tb same.
I expressed my intention of giving a certificate, on sufficient evidence. being produced that the Natives had power to enter into the lease under the Crown grant.
I have &c.,
HANSON TURTON
The Hon. J.D.Ormond,Napier. Trust Commissioner.
TAMAMU BLOCK–824A 17th May,1871.
This block was mortgaged the 3rd September, 1870, by, three out of the five Native grantees to Mr. Frederick Sutton, of Napier, storekeeper to secure £25 and all sums of money as might become due on the balance of account current between them.
![]() |
4.333 345 |
▲back to top |
•
"THE NATIVE FRAUDS ACT- 1870"
Five days afterwards it appeared some of the grantees conveyed their estate in block to Mr. Wm.
Rathbone of Waipawa, storekeeper, in consideration of £300 expressed to have been paid. This money, I was afterwards informed, had never been paid, owing to some dispute.
On the 29th September, 1870, Mr. Sutton executed a transfer of his mortgage to Mr. Rathbone,the balance owing on the account current to Mr.Sutton by the Natives having increased to £120 and interest.
Subsequently, and on the 21st of the following month, all the Native grantees agreed to sell the block to Captain. Hy. Ritchie Wallace, of Napier,, for £730. It was then agreed that all moneys, owing to Mr.. Rathbone on the security of the transfer of mortgage (including moneys paid by Mr. Rathbone to Mr. Sutton, in order to obtain the transfer of mortgage) were to be paid out of the £730.
An engrossment of deed of conveyance was produced this day by Mr. Wilson, solicitor for Captain Wallace, purporting to convey the above block to Captain Wallace. All the grantee's were present excepting Paora Hakiaki. Kireka, who is not a grantee, but who is the husband of Harata Te Rawi.ri, a grantee, also appeared. The Natives also acknowledged to have received £250 in cash out of £730; and that the balance, less moneys payable to Mr. Rathbone, was to be paid on completion. I explained the transaction at length to the Natives, and they appeared perfectly willing to carry it out.
Evidence of the power of the Natives to alienate the land was produced.
They stated that they had other lands to live upon, being both lands which have passed, through the Native Lands Court, and land subject to their Maori proprietary customs.
I expressed to Mr. Wilson. my satisfaction with the transaction, and requested him to produce accounts of moneys paid and payable to Mr. Sutton and Mr. Rathbone for explanation to and for the approval of the Natives. I stated that I would probably request Mr. Gollan, J.P., or some other J.P. in the country near where Paraone Hakihaki lives to examine that Native for me. I added that as it was stated that one of the grantees was not of age (being only 19 or 20 years old) my certificate when issued would be silent as to the estate and interest purported to be conveyed by the infant.
I have,&c.,
. HANSON TURTON,
His Honor J. D. Ormond, Napier. Trust Commisioner.
TUKEMOKIHI No. 2 BLOCK--4,558A.
19th May, 1871
Mr. J. Hamlin appeared with Reko Tukuaru. Mr. M. Hamlin produced an acknowledgment by Reko Tukuaru, dated this day, that she had sold and conveyed her interest in this block for £70 to Mr. G. B. Morgan, of Napier, surveyor, and that she had received payment of the full amount. Reko confirmed orally, in the absence of Mr. Hamlin, the statements contained in the acknowledgment. The land she said was leased to a Mr. Barton by ten lessors, and that each lessor was entitled to and received £6 a year rental. [This transaction is to be brought before me again at the Wairoa]
I have, &c.,
HANSON TURTON
HisHonor J.D.Ormond,Napier Trust Commissioner
Enclosure 2 in No. 1.
Mr. H. R RUSSELL to Chief Judge FENTON.
SIR,— Mount Herbert, Napier, 26th January, 1871.
At the last sitting of the Native Lands Court at Waipawa, a block of land, known as Te Aute No. 1 (Hurimoana), consisting of nearly 4,000 acres, was investigated ; but no decision was come to, in consequence of the' opposition made to the names of the grantees proposed by the Hapuku. This block is partly wooded, open land, and partly. swamp, and the surveyor informs me that there are altogether about sixty claimants, who intimated their .wish to have the block sub-divided more minutely than it had been.There were three subdivisions of the block when it came before the Court. Te Hapuku insisted on having it passed in one block, to which the others would not consent, and so the case was postponed. Much ill-feeling exists, which it is desirable to allay, and I think the best thing under the circumstances would be for the Court to pass the title at present in one block, with the names of ten parties, who would represent as far as possible the different hapus or families interested. These names should be inserted as trustees for all the claimants who could prove a right to any portion of the block, and afterwards the block might be subdivided. Te Hapuku is very obstinate, and thinks-that he ought to have the principal say in the matter.
I have taken some interest in the Te Aute lands to prevent their falling into the hands of speculators, and persuaded the Natives to get Mr. Hallett, licensed surveyor, to make a general survey of about 7,000 acres, with such subdivisions as could be ,agreed on before the Court sat. With the exception of the 4000 block referred to, very litlle opposition was made at the Court, and the surveys were done at a very large saving to the Natives by this arrangement.
Mr. Hallett, the surveyor, of course wants his money, and the Natives have no means of paying him, except by a sale of a part of the land. A considerable part of the land which has passed the Court has been made inalienable, but the owners have asked me to apply for permission to the Government to sell as much of their land as will clear off the survey expenses. I think it will be necessary to allow this, otherwise proceedings would be taken to recover the expenses which Mr. Hallett cannot afford to lie out of. It was understood that these expenses should be partly paid during the progress of the survey, and the remainder on the investigation being concluded on the approval of the plans by the Court.
I trust there will be another sitting of the Court soon to settle these Te Aute and other blocks, and I shall feel obliged by your informing me when it may be expected.
![]() |
4.334 346 |
▲back to top |
G.-No. 7. 8 REPORT OF THE TRUSTS COMMISSIONER UNDER
I shall also be glad to know if you would have any objection to recommend that permission be granted to sell a part of the land for the purpose mentioned, and if it will be necessary to send in any formal application on the subject.
I am glad to say that the Native Land Frauds Prevention Bill has checked to a considerable extent the scandalous transactions which have made Hawke's Bay so notorious.
I have, &c.,
His Honor Chief Judge Fenton. H. R. RUSSELL.
P.S.—I presume it will be necessary to send in applications by the Natives for any subdivisions of the 4,000 acre block, and to produce maps at the next sitting of the Court.
[Referred to the. Hon. the Native Minister. It appears to me desirable that a portion of the block referred to by Mr. Russell should be sold to pay the expenses of the survey, &c. This portion should represent the interests of the whole seventy names. The remainder might then be subdivided. The Court seems to have thought that it should be inalienable.—F.D.F., 11th Feb., 1871.]
[Referred to His Honor J. D. Ormond, Esq., for his opinion. He is likely to know the merits of the case.—DONALD McLEAN. 15th March, 1871.]
Enclosure 3 in No. 1.
Chief Justice FENTON to Mr. H. R. RUSSELL.
Native Lands Office,
Auckland, 8th May, 1871.
SIR,-
In reply to your letter, dated 26th January, 1871, relative to the Te Aute No. 1 block of land, I have the honor to inform you that the local authorities, of whose advice I have had the benefit, think that the case of Te Aute Block had better not be pressed before the Court at present, but should rather wait until the Natives decide upon some principle of action which may suit them all.
As to selling part of the land made unalienable, the application for consent should be made to the Government. The Court has no power in that direction after the order is once made. I am unable to state any day on which a Court will be held in Hawke's Bay.
I have, &c.,
F. D. FENTON,
H. R. Russell, Esq. Chief Judge.
Enclosure 4 in No. 1.
MEMO. by Mr. ORMOND.
THE case of the Te Aute Block, referred to in Mr. H. Russell's letter, was a good deal talked about at the time the case was before the Native Land Court. Mr. Russell is correct in stating it raised a good deal of ill-feeling among the Natives concerned, which, on enquiry, I find is by no means allayed. To carry out Mr. Russell's recommendation of passing the title in one block in the name of ten grantees would not, in my opinion, meet either the wishes of the owners or the necessities of the case, and I consider the wisest plan is to leave the matter alone until the Natives have come to some conclusion upon the subject. There is no hurry, and I entirely agree with Mr. Locke on the subject, whose memorandum on the case I append, that if this block were passed through the Native Lands Court in the name of ten grantees, it would be immediately let for as long a term as possible. With respect to Mr. Hallett's claim for survey of lands in the neighbourhood of Te Aute, most of which were made (very properly) inalienable by the Court, it would have been well if his claim had been raised at the time the Court was dealing with the lands ; then sufficient land could have been excepted from what was made inalienable to meet the survey expenses. It appears to me that very great care would be requisite now in unloosing those lands for any purpose, and, if it is decided that course shall be taken, and some of the land sold to pay for the survey, some officer whom the Government can trust, should confer with the Natives as to the portion they would sacrifice for that purpom. It is right I should point out that Mr. Russell, who has raised this question, is largely interested, being himelf the occupier of most of the Native land in the neighbourhood, I think the Natives will be able to satisfy Mr. Hallett's claim out of rents, without having to sell at all, and it is very desirable this should be done, if possible. With respect to a sitting of the Native Lands Court being held at Hawke's Bay at an early date, I have enquired, and can hear of no pressing cases ; on the contrary, the few blocks remaining for the Court to deal with are likely to create difficulties between the Natives, and had much better be left alone for the present.
J. D. ORMOND.
[I concur in Mr. Ormond's minute.—DONALD McLEAN. Referred to the Chief Judge Native Lands Court—H. T. CLARKE.]
Sub-enclosure to Enclosure 4 in No. 1.
MEMORANDUM BY MR. LOCKE.
THE district known as Te Aute and Raukawa Bush, and the land in the immediate neighbourhood of Hapuku's Pa, has been the favorite residence of a large and important section of the Hawke's Bay Natives for many generations, and, as usual in such cases, the claims are more complicated than in any other part of the Province.
The Ngatiwhatiapiti Hapu, of whom Hapuku is the principal Chief, have sold or leased nearly all their property in the other part of the Province, and are now, with few exceptions, located in the district referred to.
![]() |
4.335 347 |
▲back to top |
"THE NATIVE FRAUDS ACT, 1870." 9 G.-No.
From the peculiar facilities afforded through the nature and position of the country, no better oppor- tunity could be found for the Government to carry out to its fullest extent the individualization of a block of land than the one in question.
Should the section of the district more particularly referred to (Te Aute No. 1) be granted to ten grantees, I feel certain, from former experience in these matters, that the land will at once be leased for a lengthened period, and by that means many Natives be turned off their cultivations with no other place to go to without breaking through arrangements already made, or trespassing on other Natives' land.
S. LOCKE.
Enclosure 5 in No. 1.
MR. TURTON to Mr. ORMOND.
Office of Trust Commissioner,
Napier, 1st August, 1871.
I do myself the honor to enclose for your information a copy of the minutes of my proceedings as Trust Commissioner for the Poverty Bay district, since my appointment to that office.
I have, &c.,
HANSON TURTON,
His Honor J. D. Ormond, Napier. Trust Commissioner.
Sub-Enclosures to Enclosure 5 in No. 1.
MATAWHERO B. BLOCK-878A.
14th June, 1871.
The deed in respect whereof a certificate is applied for, is a deed of conveyance, whereby Paora Kate conveys to George Edward Read, of Poverty Bay, settler, his estate and interest in the above block of land for £54.
I requested Mr. Locke, R.M., who was proceeding to Poverty Bay, to make the necessary enquiries on my behalf.
22nd June.
I received a letter this day from Mr. Locke, in which he informs me that he is satisfied with the transaction, and that the provisions of the Native Land Frauds Prevention Act have been complied with. Certificate granted.
HANSON TURTON,
KAKANUI BLOCK-93A.
22
Deed of conveyance produced, dated 15th June, 1871, by Tamihana Te Ruatapu to William Smellie Graham and John Salmon, of Auckland, gentlemen. This land appears to have been conveyed by Tamihana to Messrs Graham and Salmon in consideration of losses sustained by the latter at the hands of Tamihana's relatives, during the late war. Mr. Locke, R.M., stated that he had made the necessary enquiries on my behalf when last at Poverty Bay, and that the transaction was fair and proper.
I was satisfied that Tamihana had power to convey the land. Certificate to be issued.
23rd June, 1871.
A deed of conveyance of the above block, dated 20th August 1869, by Tamihana Te Ruatapu to James Wyllie, of Poverty Bay, settler, was this day handed to me, as Registrar of Deeds, for registration. As this conveyance is prior in date to the conveyance to Messrs. Graham and Salmon, I declined to endorse my certificate on the deed lastly referred to. Certificate withheld accordingly.
HANSON TURTON,
Trust Commissioner.
HOTUA PAKA BLOCK-17A. 3R. 10P.
22nd June, 1871.
Deed of gift, dated 10th June, 1871, Tamihana Te Ruatapu to Mary Lawrence, (formerly Mere Hira) wife of George Lawrence, of Gisborne, clerk, of equal undivided third part or share in this block.
Mr. Locke, R.M., stated that he had enquired into the transaction, and was satisfied with the result of his enquiries. Certificate granted.
HANSON TURTON,
Trust Commissioner.
Enclosure 6 in No. 1.
Mr. TURTON to Mr. ORMOND.
Office of Trust Commissioner,
SIR,- Napier, 3rd August, 1871.
I do myself the honor to enclose for your information a copy of the minutes of my proceedings
as Trust Commissioner of the Hawke's Bay District, for the two months ended 31st ultimo.
I do not, however, forward you my report on the conflicting applications of Messrs. Towgood and McKinnon, referred to in my letter of the 5th June last, as I have not yet been able to complete my enquiries.
I have, &c.,
J. D. Ormond, Esq., M.H.R., HANSON TURTON,
General Government Agent, Napier. Trust Commissioner. 3
![]() |
4.336 348 |
▲back to top |
G.—No. 7. 10 REPORT OF THE TRUSTS COMMISSIONER UNDER
Sub-Enclosures to Enclosure 6 in No. 1.
Re TE HAPUKU.
5th July, 1871.
To-day Mr. Maddock appeared with Te Hapuku, and produced a deed of assignment, dated 5th July, 1871, made between Te Hapuku, of the first part, Edward Lyndon, of Napier, commission agent, and Samuel Locke, of Napier, gentleman, of the second part, and all the creditors of Te Hapuku, of the third part. After reciting that Te Hapuku held interest in the lands mentioned in the first schedule, and was indebted to the several persons whose names were mentioned in the second schedule, in the several sums of money set opposite their respective names, and that Te. Hapuku was unable to pay the said several sums of money, it conveyed and assigned as far as he could lawfully so do, all his real and personal estate and choses in action unto Messrs. Lyndon and Locke, upon trust to sell the same with his consent. The usual power of sale was inserted in the deed. It was declared that all sales by the Trustees, with the consent in writing of Te Hapuku, should be considered an alienation within the meaning of the Native Land Frauds Prevention Act. The monies to arise from all sales were to be held in trust by the Trustees: (1.) For the payment of the law costs. (2.) For paying off mortgages, if the moneys received by selling the equities of redemption were sufficient for that purpose. (3.) For paying all lawful debts rateably and in proportion to the amounts of the respective debts owing to creditors. And (4.) To pay the surplus to Te Hapuku. A power was inserted in the deed empowering the Trustees to receive, collect, and sue for all rents, debts, and other sums of money, and to compound and submit to arbitration all claims against debtors of Te Hapuku, and also to appoint substitutes. There was a proviso that any creditor having a lien for a debt might come in under the deed and receive a dividend for so much of the debt as might not be satisfied with the lien. A commissioon at the rate of £5 per cent on the proceeds of all sales effected by the Trustees was to be allowed them by way of remuneration for their trouble. The usual release was inserted at the end of the deed, to be signed by creditors on their claims being satisfied. Te Hapuku had signed the deed in the presence of H. M. Hamlin, licensed native interpreter, and H. D. Maddock, solicitor. The blocks in which Te Hapuku held interests as specified in the schedule were :-
Whatarakai Block, containing... • • • .... ... 461 acres
Pukekura East „ ... ... ... 2,110 „
3. Pukekura West „ • .• .. ... 1,850 „
Pukerowhitu „ ••• ... ... 377 „
Te Onepu „ ... ... ... "
Koparakore „ " • • • • • ... ... 1,278 „
Waimarama „ • • • ... ... 18,077 „
Okaihau " ... ... ... 5,554 „
Te Aute, No. 3 „ • • • ... ... "
10. Te Aute, No. 6 „ ... ... 111
Te Aute, No. 5 „ ••• ... ... 40 „ ,
Waihingahinga „ ... ... ... "
Whakawhiringa„ ... ... ... „
Waipuku " ,, • • • ' • - • •• ... 11,580 ,,
15. Patangata No. 2 „ ••• ... ... "
Patangata No. 4 „ • -• ... ... "
Sections,Nos..81 and '82, Town of Napier...
18. Section 42, Meanee Spit ... ... -•• ••• . t.aPre
:.••
19. Te Kate Block
... , ... ... ... , , .
The debts specified in the second schedule alleged to be owing Hapuku were as follo,ws:-
, , . .
Sutton ... ... ••• ... ... L164 "0 0'
W. Ellingham ' ... ... •-• ... ... 30 3 5
Davie ... ... ... ••• ... ... 166 0 0,,
W. Knowles ... ... • • • ... ... 2 15 0
W. Colenso .... ... ... ... ... 172 11 3
S. B. Firth ... ... •••• ... ... ,71 16 6
J. Neagle , . ... ... ... ... ... 14 5' 6
R. D. Maney • ...
.... 28 15 0 .. :
.
H. Drower ••• •• IP 4.4 •.• ■.• 37 '5 6
W. Ellison ' ' •-..' ',:. ... ... • ... ... 10 0 0 •
W. W. Whiteman ... ... ... ... ... 3 0 0
Total , •
•.. -. ... £739 15 2
The deed was intended to operate as a common law deed.
I examined Te Hapuku respecting the transaction, and he expressed himself as being willing that some of his property should be sold to pay his debts. I explained the deed to him and he consented.
Upon considering the deed, however, I came to the conclusion that I could not approve of it. My reasons, I informed Mr. Maddock, were (1.) That not only all Te Hapuku's own property passed, but also those lands of which, though Te Hapuku was the grantee, he would, in relation to the tribe, be considered, both by himself and the tribe, simply as a trustee, according to native customs and laws. (2.) That sufficient land was not left for the support of Te Hapuku. And (3.) that I could not endorse my certificate on the deed before enquiring into the legality of all the debts. Certificate withheld.
Trust Commissioner.
![]() |
4.337 349 |
▲back to top |
"THE NATIVE FRAUDS ACT, 1870." 11 G.-No. 7.
21st July, 1871.
Mr. Maddock and Mr. Hamlin appeared with Te Hapuku. Mr. Maddock handed me another deed of assignment, dated 21st instant, containing in substance the provisions expressed in the deed signed by Te Hapuku on the 5th instant, but with the following important modifications and alterations:-
By the deed under notice Te Hapuku only conveyed and assigned all real and personal property, so far as he was able, as was not subject to trusts, whether expressed or implied.
That sufficient real and personal estate was to be left unsold for Te Hapuku's maintenance and support, to the satisfaction of the Trust Commissioner.
No debts were specifically mentioned as being owing by Te Hapuku, the recitals in the deed being that Te Hapuku owed several sums of money to divers persons.
4. There was an express provision in the deed that in every sale of land to be effected with Te Hapuku's consent, such consent should be expressed in writing, by Te Hapuku being made a party to, and executing all deeds of sale ; and that every such execution should be considered an alienation within the meaning of the Native Land Frauds Prevention Act, and should therefore have to be brought before the Trust Commissioner for approval.
On perusing Te Hapuku's title deeds, and on searching the Deeds Register Office, I was enabled to discover Te Hapuku's legal position with reference to the unsold lands. The Deeds Register Office discloses the following state of Te Hapuku's lands:
WHATARAKAI BLOCK-461 ACRES.
This block is vested, by Crown Grant, in Te Hapuku and nine others, and is inalienable by sale, or by lease for a longer period than twenty-one years, or by mortgage, except with the consent of the Governor.
By lease, dated 13th July, 1867, the block was leased to Mr. H. R. Russell for twenty-one years, at the rental of £60 per annum.
PUKEKURA EAST BLOCK-2,110 ACRES.
PUKEKURA WEST BLOCK-1,850 ACRES.
The Crown Grants of these blocks are both to Te Hapuku and 9 others, and both blocks are inalienable, except by lease for a period of not longer than 21 years, without the consent of the Governor. Both blocks are leased to Rev. S. Williams, of Te Aute, for 21 years each, at the yearly rental of £50.
PUKEROWHITU BLOCK-377 ACRES.
Te Hapuku and four others are the grantees of this block, and it is leased by them to Mr. H. R. Russell for 21 years, at the rental of £50 per annum. The land is inalienable by sale, or lease for more than 21 years, or by mortgage, except with the consent of the Governor.
KOPARAKORE BLOCK-1,278 ACRES.
There is on the Registry a lease of this block, dated 12th June, 1869, by Te Hapuku and eight others to Frederick Martin Chapman, of Te Aute, sheepfarmer, for twenty-one years, at the rental of £60 per annum.
The land has been subsequently, by several of the Natives, including Te Hapuku, mortgaged to Mr. Newton, of Napier, merchant, to secure balance of account current, and interest thereon, on 31st December, 1871. Power given to Mr. Newton to collect rents and give receipts. No Crown Grant registered.
WAIMARAMA BLOCK, 18,077 ACRES.
The only deed on the Registry affecting this block is a lease, dated 8th October, 1869, by Te Hapuku and nine others, to Messrs. W. L. Campbell and F. H. Meinertzhagen, of Waimarama, sheepfarmers, for twenty-one years at rental of £240 per annum.
Te Hapuku's name will be in the Crown Grant when issued.
OKAIHAU BLOCK-5,544 ACRES.
There is nothing registered against this block, but a lease dated 13th December, 1869, by eight Natives to Messrs. W. L. Campbell and F. H. Meinertzhagen, for twenty-one years, at the yearly rental of £60. Te Hapuku, however, has not signed the lease, and is not a party to the deed. He will, however, be a grantee when the Crown Grant is issued.
TE ONEPU WEST BLOCK—(Acreage not ascertained.)
TE AUTE No. 3 BLOCK—(Acreage not ascertained.)
TE AUTE No 6 BLOCK—(Acreage not ascertained.)
WHAKAWIRINGA BLOCK—(Acreage not ascertained.)
WAIHINGAHINGA BLOCK—(Acreage not ascertained.)
TE KATE BLOCK—(Acreage not ascertained.)
Said to be valuable and extensive.
Te Hapuku's name will be in the Grants of these blocks when signed by the Governor, in pursuance of the certificates of title.
PATANGATA NO. 2 BLOCK-17,000 ACRES. PATANGATA NO. 4 BLOCK-1,100 ACRES.
These blocks are now being leased by Te Hapuku and nine other grantees in each block to the Rev. S. Williams, of Te Aute, each block at the rental of £50 per annum.
TE AUTE No. 5 BLOCK-40 Acres.
By lease of 6th September, 1870, Te Hapuku and four others, leased this land to Mr. William Rathbone, of Waipawa, storekeeper, for twenty-one years, at £30 per annum.
![]() |
4.338 350 |
▲back to top |
G:—No. 7. 12 REPORT OF THE TRUSTS COMMISSIONER UNDER
WAIPUKU BLOCK-11,580 ACRES.
Leased by eight Natives to Messrs. W. L Campbell and F. H. Meinertzhagen, but the lease is not signed by Te Hapuku, nor has he been made a party to it. The rest reserved by this lease is £200 a-year, and it is leased for twenty-one years. The Crown Grant, when issued, will, however, contain Te Hapuku's name as a grantee.
RAUKAWA EAST BLOCK-4,438 ACRES.
The Crown Grant of this block is to Te Hapuku and nine others.
On 5th August, 1869, Te Hapuku and four others mortgaged their interest to Mr. J. G. Kinross, of Napier, merchant, to secure £300 and a balance of account current, with interest at 10 per cent. on 5th August, 1872. A power is in the deed enabling Mr. Kinross to collect rents, to be received in liquidation of balance of account current. Te Hapuku, by agreement of 15th June, 1870, agreed to sell his equity of redemption in the block to George Davie, of Pukahu, storekeeper, for £102. The beneficial interest in this agreement has been transferred to Mr. Kinross.
ALLOTMENTS IN TowN OF NAPIER AND MEANEE SPIT.—Estimated value, £100.
In all the before mentioned lands (excepting the allotments in the Town of Napier and at the Spit) Te Hapuku would, according to Maori proprietary customs and by virtue of the 14th section of the "Native Lands Act, 1869," hold a far greater interest than other Natives whose names are in the Crown Grants. Te Hapuku has personal property under his control to the amount in value of about £150.
Mr. Maddock produced a copy of a conditional bill of sale (filed in the Supreme Court) over 3,000 sheep running on Te Hapuku's Station, called Poukawa, near Te Aute, executed by Te Hapuku on 12th June, 1868, in favor of Mr. H. R. Russell, of Mount Herbert, to secure £700, and further advances with interest at 10 per cent, payable on demand, made in writing. The bill of sale comprised all increase and wool of sheep. On the day following the date of the execution of the bill of sale, it appears from an endorsement on the bill of sale that formal possession of the sheep was given to Mr. H. R. Russell by a James Walker, Te Hapuku's overseer ; and Te Hapuku states that the sheep are still running on his land at Poukawa, which has not passed through the Native. Lands Court, under the charge of Mr. Russell's shepherd. Te Hapuku says that the sheep are still his. There is no other bill of sale filed under the "Bill of Sale Acts, 1867 and 1868."
There are no unsatisfied liens on wool filed under the "Wool and Oil Securities Act, 1858 ;" and there are no securities or other instruments registered or filed under the "Bailors of Sheep and Cattle Protection Act, 1865," the "Mortgage of Stock Registration Act, 1869," and the "Agricultural Product Lien Act 1870."
The claims of the creditors of Te Hapuku sent into Mr. Maddock in pursuance of an advertisement printed in one of the local papers for three weeks, extend over the period of the last 10 years, and amount to £739 15s. 2d., being the total amount of the accounts specified in the deed of assignment of 5th July instant. This sum would be reduced fully one-half were items for the sale of spirits not legally recoverable, and items the recovery of which is barred by the statute of limitations struck out of the accounts.
The above claims, however, do not, include that of Mr. H. R. Russell, nor that of Messrs. Kinross and Newton, secured by their mortgages.
I examined Te Hapuku as to the deed, and he consented to the same. The nature and legal effect of the deed was explained by me to him.
Both Mr. Lyndon and Mr. Locke stated that they were not, nor were either of them, creditors of Te Hapuku Mr. Lyndon stated that a commission of 5 per cent, on sales effected was a proper charge.
To this deed, so carefully drawn by Mr. Maddock, to satisfy the requirements of the Frauds Act, I considered that I should be justified in assenting.
The deed in question would, I considered, have the effect of vesting Te Hapuku's own property and rights or action for arrears of rent and other debts in the trustees, thereby clothing them with such legal right, and powers as would enable them to investigate accounts, and demand and sue for all debts owing to Te Hapuku ; but at the same time no sale of lands could be made under the trusts of the deed without Te Hapuku's signature, and without my approval, which would be given on my being satisfied with the legality of claims. Te Hapuku informed me that his people would sell Okaihau Block and Te Onepu Block to pay his debts. Certificate granted.
HANSON TURTON,
Trust Commissioner.
TANAMU BLOCK-824 ACRES (Continued).
7th June.
Paraone Hakihaki appeared. He stated that he had agreed to sell his interest in the block. He admitted his signature, and consented to the deed as explained by me. 8th June.
Accounts produced, but, as there were several items included therein not legally payable by the Natives, in the absence of an agreement to the contrary, it was arranged by me and Mr. Wilson that a sufficient sum should be kept back to meet Mr. Rathbone's legal claims, and the balance should be paid to the Natives.
226th June.. , Evidence was produced that the balance had been paid to the Natives, less £200 retained by Mr. Wilson, to pay Mr. Rathbone's claims. Certificate issued.
HANSON TURTON,
Trust Commissioner.
![]() |
4.339 351 |
▲back to top |
"THE NATIVE FRAUDS ACT, 1870." 13 G.—No.7
11th July.
NOTE.-The sum of £200 above mentioned was this day paid into the Savings Bank in the joint names of Mr. Wilson and the Trust Commissioner, to remain there until Mr. Rathbone can satisfy me that all items in his account claimed on the security of his mortgage are legally payable by the Natives ;
Mr Wilson having made repeated endeavours to obtain an explanation, but without avail.
TARAWERA BLOCK, 90,000 ACRES.
17th June, 1871.
Mr. Grindell produced lease of date 1871, between Hemi Taka, Maka Takahari, Tami Tuki, Irwai Runga, Paraone Kuare, Harawira Te Marangai, Matiu Tamanuhiri, Paraone Kuare, Rewi Hankore, Turuhira Te Heitoroa, Aperahama te Ruakowhai, Hoera Paretutu, Mereta Kuikui, Hare Kuhukuhu, Kerei Te Aho, Tituku, Hori Te Hiku, Wi Whanga, Karauria, Hama Raeroa, Hareti Kuru,
Tareha Te Moananti, Ngahere Te Pohe, Tini Te Hirawanui, and Pane Te Kanga, of the one part, and Alfred of the other part—of the above block, situate in the Province of
Hawke's Bay. The lease is for 21 years, at the yearly rental of £160. Under the lease the to themselves and their families full liberty, during the term of the lease, to occupy of the block as they require for bona fide residence and cultivation, and also to depasture Cattle thereon
for their personal use. There is in the lease a clause providing that any dispute between the and
be settled by the Resident Magistrate of the district.
subject to "The Mohaka Waikare Districts Act 1870."
Hoera Paretutu, Kerei Te Aho, Tituku, Tareha Te Moananui, Waka
Takahai, and Tami Tuki, representatives of the Ngatimatepu and Ngatiparau, hapus, appeared, and consented to the lease, which was explained to them.
27th July.
Pane Te Kanga, of the Ngatipaeahi hapu of the Ngatihineuru tribe, appeared and approved of the lease. Certificate granted.
HANSON TURTON,
Trust Commissioner.
TATARA-A-KINA BLOCK, 63,500 ACRES.
17th July, 1871.
Lease produced dated 1871—between Toha, Tareha Moananui, Makareta Te Wha, Rahera Hautai, Meremia Hineahuru, ,Kapia Pakurere, Harata Te Urumahina, Kahekahe, Kanae, Para, Pane Te Kanga, Perika Sullivan, Paipa, Hape Whakumua, Rawiri, Heni Te Paenga, Rangi Awaroa, Hirawanni Te Tiwi, Ngahere Te Rohe, Wirihana Ponomai, and Taraipine, of the one part and Alfred Oox, of' the other part-of the above block for 21 years, at rental of £50 per annum.
The provisions in this lease are similar to those contained in the lease to Mr. Cox of the Tarawera Block.
Like the Tarewera Block, which it adjoins, this land is subject to "The Mohaka and Waikare District, 1870."
Tareha Te Moananui, a leading Chief of the Ngatikahungunu tribe, appeared, and consented to the lease, as explained by me.
21st June.
Rahera Hautai, Wiirihana Te Ponamai, and Toha, of the Ngatikahungunu tribe, expressed to me their satisfaction with the lease.
27th July.
Meremia Hineahuru, Pane Te Kanga, Kanae, Para, Perika Sullivan, for himself and Kahekahe Whaka Ururua and Hape Whakaumua, representatives of the Ngatihineuru tribe, appeared before me. I explained the deed to them, and they were satisfied. Certificate granted.ANSON TURTO;
Trust Commissioner.
20th Ana, 1871.
A deed of lease made between Hoere Paraihe, Erihapite te Kaitorutoru, Maika Tioikatea, Maruhaere, Hakaraia te Tunu, Henare Pangarehu, Te Hapuku, Te Haurangi, Ngamana te Whiri, and
Te Teira Hikawaha of the one part, and the Rev. S. Williams, of Te Aute, of the other part, of the above block, for twenty-one years from 1st March, 1871, at a rental of £50 a year, payable yearly, was this day produced by the Rev. S. Williams.
There was in the lease a declaration that the lessors might occupy and cultivate certain portions, colored red on the plan of the deed, in extent about acres.
Hoera Poraihe and Maika Tioikatea, appeared, and acknowledged the transaction. Enquiry not completed.
Trust Commissioner.
PATANGATA No. 3 BLOCK.-830 ACRES.
The Rev. S. Williams handed me a lease by Penehamine Matoha, Hoera Paraiahe Wireman Ti Puna, Paora Nikahere, Tamati Te Manuhaere, Te Pouraka, Ruta Takihi, Tutawa Hinehe, Roka Kuimara and Keremaneta Hupata, to himself, of this block for twenty-one years, from 21st March, 1871, at a yearly rental of £50 payable annually.
Hoera Paraihe appeared and acknowledged the transaction. (Enquiry not completed.)
HANSON Turros,
4 Trust Commissioner.
![]() |
4.340 352 |
▲back to top |
G.-No 7. 14 REPORT OF THE TRUSTS COMMISSIONER UNDER
PATANGATA. No. 4 BLOCK-1,100 ACRES.
20th June, 1871.
A lease made between Te Hapuku, Paraone Hakihaki, Mere Irawaru, Pita Te Pu, Paorae Nikahere, Hoera Paraihe, Ropata Hoahakari, Tamawharu, Karaitiana Kahnirange, and Morena Hawea, of the one part, and the Rev. S. Williams, of Te Aute, of the other part, of the above block, was handed to me by the Rev. Mr. Williams. The land was leased for twenty-one years, from 1st March, 1871, at a yearly rental of £50 per annum.
Hoera Paraihe appeared and acknowledged the transaction. (Enquiry not completed.)
Hasson Theron Trust Theron,
PEKAPEKA No. 2 BLOCK, 4,370 ACRES.
29th June, 1871.
Mr. Worgan handed me deed of conveyance, dated 20th September, 1870, made between Paurini Te Whiti, Paramena Oneone, Aihipene Tururu, Pere Pahora, and Whakaari, of the one part, and Robert Gardiner and Margaret Gardiner, his wife, of the other part. The consideration for the interests of the five Natives, being altogether a moiety of the block, was £1,100.
Paramena Oneone and Aihipene Tururu appeared, and consented to the sale.
6th July.
Pawini, Aihipene Tururu, and Whakaari appeared with Mr. Worgan. I explained to the parties
that I had, since the 29th ultimo, perused the title deeds registered against the block, and I found that the land had been leased by the ten native owners after the issue of the Grant to Mr. F. M. Chapman, or Poukawa, sheep-farmer, for 21 years, at a rental of £220 a year. The leasehold interest was assigned to the Union Bank on the 28th April, 1868, and was subsequently, and on the 30th October, assigned by the Bank to Mr. Henry Campbell, in whom it has since remained vested. As regards the fee simple, I discovered that Paurini Te Whiti, Pera Pahora, and Aihipene Tururu had mortgaged their freehold interests in the land to Messrs. Kinross and Co., agents for Mr. Hugh Campbell (who represented Mr. and Mrs. Gardiner in the transaction) by deed dated 31st July, 1869, to secure £400 and balance on account current ; and that Whakaari and Paramena Oneone had also mortgaged their freehold interests to Messrs. Kinross and Co., by deed dated 9th August, 1869, to secure a similar sum of £400 and balance on account current.
The conveyance produced, therefore, was a conveyance of the equity of redemption of the five Natives in the land.
Mr. Hugh Campbell produced accounts, which were explained by me to the Natives, and agreed to. There was due on the accounts the sum of £19 Os 4d to Paurini, £10 to Aihipene, and £45 to Whakaari. Mr. Campbell produced accounts showing that Pera Pahora had received her share of the purchase money, less £51 10s, due to her. Whakaari stated that Pera (who was away drunk) had admitted the, account. An account was also produced, whereby there was a balance in favor of Paramena of £30.
The Natives stated that they had other lands to live upon.
They agreed to take Mr. Campbell's promissory notes in full payment of the balance due to them. I explained to the Natives the nature and effect of promissory notes, and they were satisfied.
Mr. Hugh Campbell, of his own free will, liberally undertook to obtain from his brother, Mr. Henry Campbell, a lease to the five Native vendors of 110 acres, at a peppercorn rent for the remainder of the term of the original lease, made in favor of Mr. F. M. Chapman, and he also undertook to have a freehold estate of inheritance in the same 110 acres vested in or settled upon the Natives by satisfactory deeds of conveyance. Certificate to be issued.
HANSON TURTON,
Trust Commissioner.
NGATARAWA BLOCK No. 5.-5,375 ACRES.
3rd July, 1871.
Deed of release of equity of redemption, dated 8th June, 1871, made between Te Meihana Takihi, Peti te Owai, Werahiko te Oipu, Mata Kiratu, Rora Poneke, Hirini Takamoana, Te Hapuku, and Hirini Tokomoana as legal successor to Harawira Takuao, of the one part, and Donald McLean, of Wellington, gentleman, of the other part, produced by Mr. Maddock, solicitor. The release was signed by Hirini Takamoana, Te Hapuku, Werahiko te Oepu, Peti te Owai, Mata Kinatu, and Hirini Takamoana, as legal successor to Harawira Takuao, The purchase money for this block is £1,500. The proportion of that sum to which the above Natives are entitled is £1,200.
The property was mortgaged by the Natives to Mr. McLean on 12th November, 1869, to secure
£400 and advances.
Subsequently, and on the 13th February 1871, the Natives entered into an agreement (registered in the Registry of Deeds Office, Napier) to sell the land for £1,500 ; and they agreed that the moneys advanced on the mortgage should be received by them in part payment. By the deed under notice it appeared that the Natives had received £821 11s. 8d. on mortgage of the land, and there was a balance owing to them of £378 8s. 4d.
.
Hirini Takamoana appeared and acknowledged the execution of the deed by him, and consented to it. Accounts were produced and explained to Hirini, and he expressed his satisfaction.
He stated that he would take the balance due to him by Mr. McLean's promissory note. I explained the effect of his taking a promissory note ; also the effect of his signing the lease.
Werahiko te Oipu and Hapuku appeared, and were examined by me. They admitted the amount alleged to have been paid them and the other vendors, the accounts being produced. They had other lands to live upon. Promissory notes for the balance of the purchase money agreed to be taken.
![]() |
4.341 353 |
▲back to top |
"THE NATIVE FRAUDS ACT 1870". 15 G.—No. 7
5th July.
This day Peti te Owai called at the office, and consented to the sale, and was willing to receive Mr.
McLean's promissory note for the balance owing her on the account produced in full settlement. Mr. Maddock handed me promissory notes of Mr. McLean for balance of purchase money. I was satisfied that the Natives had power to alienate the land. Certificate issued.
HANSON TURTON,
Trust Commissioner.
15th July, 1871.
Te Meihana Takihi had this day signed the conveyance. He appeared and consented to the deed, and said he knew it to be an absolute conveyance. Accounts produced and explained to and approved of by him. He admitted that £78 ls. was the amount due by him, and he agreed to accept Mr. MLean's promissory note in full payment. I explained the legal effect of his signing the conveyance and accepting the promissory note in payment of the balance, and he was satisfied.
Mr. MLean, through Mr. Maddock, voluntarily agreed to allow Meihana the use and occupation of 100 acres for his life.
Meihana stated that he had other lands to live upon.
12th July, 1877.
A conveyance by Turuhira Rangahua of her interest in the above block to Mr. MLean produced. The deed is dated 11th July, 1871 , and the consideration is £150.
sheepfarmer, stated that he was present with Hirini Takamaona, at Ngawhakatatara,
about 34 miles from Napier, on the 11th instant, when Turuhira admitted the sale of her interest in the
block to Mr. MLean, She was too infirm to travel, being about 60 or 70 years old.
13th July, 1871.
Hirini Takamoana appeared, and stated that Turuhira was his aunt, and that she had authorised him to appear before me as her agent. He stated that he saw her sign the deed, that she knew it to be an absolute sale, and that she acknowledges to have received most of the money due to her, a balance remaining in her favor, as she admitted, of £47 6s 0d. She consented, he said, to receive Mr. MLean's promissory note for the balance in full payment. Promissory note handed me for Turuhira. Certificate granted.
HANSON TURTON,
Trust Commissioner.
NGATARAWA BLOCK No. 4, 5, 328 ACRES.
4th July, 1871.
Mr. Maddock, solicitor, produced deed of release of equity of redemption, dated 8th June, 1871, between Te Hapuku, Ropata Te Hoahakari, Paora Nonoi, and Ihaka Kapo, of the one part, and Donald MLean, of Wellington, gentleman, of the other part. By this deed the Natives release their estate in the block above mentioned to Mr. MLean. The land was mortgaged to Mr. MLean on the 12th November, 1869, to secure £400 and advances. By agreement of 13th February, 1871 (registered in the Deeds Registry Office, Napier), the Natives had agreed to sell the whole of the block to Mr. MLean for £1,500, such sum to include all moneys advanced on the mortgage of the land. The proportion which the four Native vendors would receive of the £1,500 was £857 2s. 11d.
Te Hapuku and Ropata to Hoahakari appeared and acknowledged the sale and that £529 18s. 10d. had been received by them, including Paora Nonoi and Ihaka Kapo, who were away ill and could not attend.
Accounts produced and explained to and approved of by the Natives. There was due on the statement of accounts £827 4s. 1d., or £81 16s ld to Te Hapuku, and £81 16s. to each of the other three Native vendors. The Natives stated that they were perfectly willing to take the promissory notes of Mr. MLean in full payment of the balance.
I explained to them the legal effect of their taking the promissory notes. The promissory notes were handed to me on behalf of the Natives.
The Natives have other lands to live upon, and they have power to alienate the land.
Mr. MLean has allowed the Natives the use and occupation of 700 acres of the above block for their lives. Agreements in that behalf produced and left with me. Certificate granted.
HANSON TURTON,
Trust Commissioner.
MANGATERETERE WEST BLOCK.-1,253 ACRES.
9th July, 1871.
Agreement for sale and purchase, dated 8th July, 1871, between Tareha and Donald MLean, of Napier, gentleman, produced. By the document Tareha agreed to sell his interest in the above block as formerly agreed. If Tareha's interest in the block be an equal ninth, or less than an equal ninth, he was to receive £300 ; but if his interest be more than a ninth he was to be paid by Mr. MLean for his estate in excess of the one-ninth according to the same rate he was being paid for his interest if an equal or less than an equal ninth.
The land is subject to two leases—the one dated 29th April, 1867, to Messrs. Williams and MLean (now vested in Mr. Williams), for twenty-one years, at yearly rental for first eleven years of £450, and for last ten years of £540 ; and the other, dated 10th July, 1867, to Messrs. Cashmore and MLeod, of Hawke's Bay, steam saw mill owners, for fifteen years, at yearly rental of £37 10s. Certain portions of the block are reserves.
I examined Tareha respecting the agreement, and he acknowledged it. He stated, as expressed by
![]() |
4.342 354 |
▲back to top |
G.-No. 7. 1 6 REPORT OF THE TRUSTS COMMISSIONER UNDER
the agreement, that £213 12s. has been paid him on account of the purchase money. Accounts also produced and admitted to be correct by Tareha. He has other lands to live upon. The land is alienable. Certificate granted.
HANSON TURTON,
Trust Commissioner.
PART OF WAIKAHU BLOCK-20 ACRES.
14th July, 1871.
My predecessor, Mr. Sealy, made the necessary enquiries in respect of a deed of conveyance, dated 16th December, 1870, whereby Te Waka Kawatini, Te Meihua Takihi, Reihana Paukena, Manaena, Tini, Paora. Torotoro, and Henare Tomoana conveyed their estate in the above parcel of land to his Honor the Superintendent of Hawke's Bay, for £210. Certificate granted.
HANSON TURTON,
Trust Commissioner.
TE AWA A TE ATUA BLOCK-5,070 ACRES.
22nd July, 1871.
This land is subject to a lease, dated 21st February, 1867, made between the Native owners in favor of Messrs. Thomas Tanner and James Henry Coleman, of Hawke's Bay, sheep farmers, for twenty-one years, at yearly rental of £150 for the first ten years and £200 for remaining eleven years.
During my absence this day in the country on business, a deed of conveyance, dated 17th September, 1870, made between Hirini Harawera and Reihana Te Ikatahi of the one part and Frederick Sutton, of Napier, storekeeper, of the other part, conveying the estate and interest of Hirini and Reihana in the above block to Mr. Sutton, in consideration of £300 expressed to have been paid to both of them, was tendered by Mr. Sutton for registration in the Deeds Register Office.
The usual statutory declaration by the licensed interpreter endorsed on the deed was dated the 20th September, 1870, being the day on which the Native Lands Frauds Prevention Act came into force in this district.
As the date of the deed had been altered, Mr. Fielder, clerk in the Deeds Registry Office, declined to register the deed unless it could be shown that the deed had been executed by both the Natives before the 20th September.
24th July.
Mr. Sutton, with Mr. Worgan, licensed interpreter, called at my office. I stated that I approved of Mr. Fielder's conduct, intimating that I would register the deed without any enquiry under the Frauds Act if Mr. Worgan, one of the attesting witnesses to both signatures, could state that both Natives executed the deed before the 20th September. Mr. Worgan said that Hirini had executed the deed before the 20th September, but he would not say that Reihana had. The other attesting witness to Reihana's signature would not state that Reihana had signed before the 20th September.
27th July.
To-day Reihana appeared with Mr. H. M. Hamlin, licensed interpreter. An account between Mr Sutton and Reihana was produced, showing that on the 20th September Reihana had received consideration to the extent in value of £81 15s., and that Reihana had at various times since that date and up to January, 1871, received consideration to the extent in the whole of £144 10s. A cheque for £5 10s., being the balance of the purchase-money said to be payable to Reihana, was handed over to him in my presence. Reihana admitted the sale, and was willing that the consideration received by him since the execution of the conveyance should be treated as part of the purchase-money expressed in the deed.
It was stated that it was usual for a Native to sign an absolute conveyance, and some time subsequently receive the consideration.
It appeared that it was agreed when Reihana signed the conveyance that a reserve should be made for the Natives. The extent of the reserve was disputed. I expressed myself that a valid document in writing should be entered into, embodying the salient points of the agreement respecting the making of the reserve, and registered in the Deeds Register Office.
31st July.
I informed Mr. Worgan to-day that though Hirini had signed the conveyance before the Act was brought into force, I could not endorse my certificate of. approval of the alienation witnessed by the deed under notice unless he were examined by me, or by a magistrate for me.
HANSON TURTON,
Trust Commissioner.
•NGATARAWA No. 1 BLOCK.-1,840 ACRES.
22nd July, 1871.
The deed affecting this land is a deed of lease, dated 19th June, 1871, made between Noa Huke, Renata Kawepo, Te Retimana Hawea, Wiremu Wheko, Te Kepa Tanga, and Pirimoana to Umu of the one part, and Donald MLean, of Wellington, gentleman, of the other part, whereby the above block is leased to Mr. MLean for 21 years, at the yearly rental of £50. By the lease the Natives agree to compensate Mr. MLean at the end of the term for all improvements to the land in the nature of buildings, fences, and artificial grasses. The amount of the compensation in case of difference to be settled by arbitration. There is also in the lease an agreement that if they wish at any time to sell the land, they will make the first offer to Mr. MLean, who should be at liberty to purchase it at the then reasonable market value, such value in case of difference to be settled by arbitration.
![]() |
4.343 355 |
▲back to top |
"THE NATIVE FRAUDS ACT, 1870." 17 G.—No. 7.
The deed was signed by Noa Huke, Renata Kawepo, Te Retimana Hawea, Wiremu Wheko, and Te Kepa Tanga. This day I saw, with Mr. Worgan, Renata Kawepo and Noa Huke (Chiefs of the hapu) Te Retimana Hawhea, and Te Kepatanga. They all admitted their signatures to the deed, and approved the same as translated and explained by me.
In reply to my enquiries, they stated that they had other lands to live upon, and also that all
ground rents for the past use and occupation of the land by Mr. McLean had been paid up to date. Pirimona Te Umu had not signed the deed ; he was away at Rangitikei, on the West Coast. Necessary evidence of the right of the Natives to alienate the land produced. Certificate granted.
HANSON TURTON,
Trust Commissioner.
NGATARAWA No. 3 BLOCK.
22nd July, 1871.
Lease made between Renata Kawepo, Roka Matehe, Nikorima Te Weherua, Matiu Whakahemo, Te Muera Te Mateaitu, Hema Ramari, and Te Pake Paihau of the one part, and Donald MLean, of Wellington, gentleman of the other part, was produced. This lease is for 21 years, at the yearly rental of £100. The other terms in the lease are the same as those in the lease to Mr. MLean of the Ngatarawa No. 1 Block.
The deed was signed by Renate Kawepo, Nikorima Te Weherua, Matiu Whakahemo, Hema Ramari, and Roka Matehe.
I examined Renata Kawepo, Matiu Whakahemo, Hema Ramari, and her husband, Mita Karaka, and Roka Matehe, relative to the lease. They admitted the execution, and consented to it. They added that all the past ground-rent for use and occupation of the land had been paid by Mr. MLean. The Natives stated that they had other lands to live upon. Necessary evidence produced of the power of the Natives to enter into the lease. Certificate granted.
HANSON TURTON,
Trust Commissioner.
![]() |
4.344 356 |
▲back to top |
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML> <HEAD> <META HTTP-EQUIV="Generator" CONTENT="OmniPage Pro 15 - http://www.scansoft.com"> <META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=UTF-8"></HEAD></HTML>
![]() |
4.345 357 |
▲back to top |
142 MINUTES OF PROCEEDINGS ON COUNCIL PAPER No. 97.
MONDAY, 6th NOVEMBER, 1871. The Committee met at 10 o'clock a.m.
PRESENT :
Hon. Captain Baillie, Hon. Colonel Russell,
Hon. Mr. Mantell, Hon. Mr. Scotland,
Hon. Mr. Miller, Hon. Mr. Waterhouse.
Hon. Mr. Acland in the chair.
Minutes of last meeting read and confirmed.
On the motion of the Hon. Mr. Mantell, it was resolved, That the following be added as a foot-note to the letter received on 3rd November, from Mr. Kinross :—"Mr. Kinross having represented to the Committee that injustice would be done to him if To Hapuku's statement were printed without explanation from him, he was informed that the Committee was willing to receive an explanatory letter from him. This letter was consequently received."
The Report was then adopted.
REPORT.
6th November, 1871.
YOUR Committee, having considered the allegations contained in Council Paper No. 97, entitled "The Report of the Trusts Commissioner for the District of Hawke's Bay," and having carefully considered the evidence which is appended hereto, beg to report :-
That, in their opinion, Mr. Ormond has displayed, in his capacity of General Government Agent, a proper anxiety to afford every possible protection to the Natives, and particularly to Te Hapuku, a chief who has long befriended the Europeans ; and has therefore not stepped beyond the line of his duty in calling attention to the matters under consideration.
From the loose manner in which business transactions with the Natives are generally conducted, any person engaging in them cannot but know that, in courting a full investigation, he exposes himself to a charge of having been actuated by motives of personal interest, which are alike difficult of proof or disproof, in an inquiry of this character ; but your Committee are of opinion, that there is no evidence to show that Mr. Russell has acted or intended to act in a manner prejudicial to the interests of Te Hapuku, and therefore exonerate him from the charges which are contained in the Report.
That the Native Frauds Commissioner has ably and conscientiously discharged his duties under circumstances of considerable difficulty, and has uniformly acted in accordance with instructions from the Government.
It has been suggested to your Committee, by a careful consideration of some portions of the evidence adduced in this case, that it is inexpedient that a Native Lands Frauds Commissioner should be resident in any particular district.
J. BARTON A. ACLAND,
Chairman.
The Hon. Mr. Mantell dissenting from the first paragraph of the above Report, and the Hon. Colonel Russell dissenting from the second paragraph.
![]() |
4.346 358 |
▲back to top |
167
NEW ZEALAND.
TRICESIMO SEPTIMO
VICTORIAE REGINAE.
No. XLIV.
ANALYSIS.
2. Term "alienation" to include charges on land, &c.
Title. 3. No judgment to be registered &c. unless certified
1. Short Title. to by a Commissioner.
AN ACT to amend "The Native Lands Frauds Prevention Act, 1870." [29th September, 1 8 7 3 .]
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:-
The Short Title of this Act shall be "The Native Lands Frauds Prevention Act Amendment Act, 1873."
It is hereby declared and enacted that the expression "alienation," where used in "The Native Lands Frauds Prevention Act, 1870," includes and shall be deemed to have included any charge lien or other disposition, whether absolute or limited, affecting or which may be intended to affect any lands subject to the said Act.
No judgment order or decree shall be registered in any Deeds Register Office, or in any Land Registry Office, unless the circumstances thereof shall have previously been investigated by a Commissioner acting under the said Act, and until such Commissioner shall have indorsed on the memorial of such judgment order or decree a certificate approving of the registration of any such judgment order or decree as aforesaid ; nor shall any such land be capable of being seized or sold under any such judgment order or decree, or under any writ of fieri facias, or any other writ, for the purpose of satisfying any such judgment order or decree, until such investigation and indorsement shall have been made.
WELLINGTON, NEW ZEALAND:
Printed under the authority of the New Zealand Government, by GEORGE DIDSBURY, Government Printer.
Title.
Short Title.
Term "alienation" to include charges on land, &c.
No judgment to be
registered &c. unless
certified to by a Commissioner.
![]() |
4.347 359 |
▲back to top |
32.
275
THE
NEW ZEALAND GAZETTE.
Published by Authority.
WELLINGTON, THURSDAY, JUNE 8, 1871.
G. F. BOWEN, Governor.
A PROCLAMATION.
WHEREAS by "The Native Lands Frauds Prevention Act, 1870," it is enacted that the Governor in Council mar, by Proclamation in that behalf, from time to time define districts to be called Native Trust Districts, and bring the same under the operation of the said Act:
Now therefore, His Excellency the Governor, by and with the advice and consent of the Executive Council, and in exercise of the power vested in him by the said Act, doth hereby proclaim and declare that portion of the Province of Auckland the boundaries of which are described in the Schedule to "The East Coast Act, 1868," as follows:—The sea from the eastern extremity of the northern boundary or the Province of Hawke's Bay to Lottin Point ; thence to the summit of the range of mountains forming the watershed between the East Coast and the Bay of Plenty, to the extremity of the said range northeast of Waikare-Moana ; thence in a straight line to the junction of the River Waiau with the River Waikare-Taheke ; thence a straight line running South-west, true bearing, to the said northern boundary of the Province of Hawke's Bay ; thence the said boundary to the commencing point on the East Coast,—to be a Native Trust District under the said Act, by the name of "The Poverty Bay District."
Given under the hand of His Excellency Sir
George Ferguson Bowen, Knight Grand
Cross of the Most Distinguished Order
of Saint Michael and Saint George,
Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, and Vice-
Admiral of the same ; and issued under
the Public Seal of the said Colony, at
Wellington, this eleventh day of May, in
the year of our Lord one thousand eight
hundred and seventy-one.
W. GIBBORNE, Approved in Council.
WILLIAM FOX,
Presiding.
FORSTER GORINO,
Clerk of the Executive Council.
GOD SAVE THE QUEEN !
G. F. BOWEN, Governor.
A PROCLAMATION.
WHEREAS by "The Native Lands Frauds Prevention Act, 1870," it is enacted that the Governor in Council mar, by Proclamation in that behalf, from time to time define districts to be called Native Trust Districts, and bring the same under the operation of the said Act:
Now therefore, His Excellency the Governor, by and with the advice and consent of the Executive Council, and in exercise of the power vested in him by the said Act, doth hereby proclaim and declare that portion of the Province of Auckland the boundaries of which are described in the Schedule to "The East Coast Act, 1868," as follows:—The sea from the eastern extremity of the northern boundary or the Province of Hawke's Bay to Lottin Point ; thence to the summit of the range of mountains forming the watershed between the East Coast and the Bay of Plenty, to the extremity of the said range northeast of Waikare-Moana ; thence in a straight line to the junction of the River Waiau with the River Waikare-Taheke ; thence a straight line running South-west, true bearing, to the said northern boundary of the Province of Hawke's Bay ; thence the said boundary to the commencing point on the East Coast,—to be a Native Trust District under the said Act, by the name of "The Poverty Bay District."
Given under the hand of His Excellency Sir
George Ferguson Bowen, Knight Grand
Cross of the Most Distinguished Order
of Saint Michael and Saint George,
Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, and Vice-
Admiral of the same ; and issued under
the Public Seal of the said Colony, at
Wellington, this eleventh day of May, in
the year of our Lord one thousand eight
hundred and seventy-one.
W. GIBBORNE, Approved in Council.
WILLIAM FOX,
Presiding.
FORSTER GORINO,
Clerk of the Executive Council.
GOD SAVE THE QUEEN !
In New Zealand Gazette, No. 24, of the 26th April, in the Notice of additional Officiating Ministers under the for the Reverend Francis Whitmore laett, read the Reverend Francis Whitmore Isitt.
![]() |
4.348 360 |
▲back to top |
THE NEW ZEALAND GAZETTE. 3
|
|
Limits of Towns of Shortland, Grahams- town, and Tararu. |
Names of Towns. | |
|
|
|
Bearings. Lengths. |
|
|
|
|
Links. |
|
|
|
Towards the N. by lines |
290 31 291. |
Town of Tararu- |
|
|
|
81 57 415 |
continued. |
|
|
|
79 53 470 |
|
|
|
Towards the E. by lines |
168 08 672 |
|
|
|
And by the Tararu Creek; again towards the N. by the Tararu Creek afore- |
|
|
|
|
said and by a line |
76 55 138 |
|
|
|
Again towards the E. by a line |
139 10 374 |
|
|
|
Again towards the N. by the Tararu Creek afore- named |
|
|
|
|
Again towards E. by lines |
161 51 500 |
|
|
|
|
73 50 478 |
|
|
|
|
38 15 128 |
|
|
|
|
341 00 105 |
|
|
|
|
38 18 718 |
|
|
|
|
309 50 83 |
|
|
|
|
333 03 343 |
|
|
|
|
119 21 696 |
|
|
|
|
333 28 318 |
|
|
|
|
308 55 413 |
|
|
|
|
392 05 576 |
|
|
|
|
304 30 595 |
|
|
|
|
334 42 791 |
|
|
|
Towards the S. by a line |
20 23 204 |
|
|
|
And towards the W. by the high watermark of the |
|
|
Given under the hand of His Excellency Sir George Ferguson Bowen, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same ; and issued under the Seal of the said Colony, at Wellington, this second day of January, in the year of our Lord one thousand eight hundred and seventy-two.
W. GISBORNE.
GOD SAVE THE QUEEN!
G. F. BOWEN, Governor.
A PROCLAMATION.
WHEREAS by "The Native Lands Frauds Prevention Act, 1870," it is among other things enacted that the Governor in Council may, by Proclamation in that behalf, from time to time define districts to be called Native Trust Districts, and bring the same under the, operation of the said Act, and may at any time, and from time to time thereafter, alter the boundaries of such districts or withdraw any district, or any part of any district, from the operation of the said Act: And whereas by two several Proclamations, each bearing date the eleventh day of May last past, made under the authority of the said Act, the respective districts therein described were declared to be Native Trusts Districts under the said Act, by the names therein mentioned: And whereas it is expedient that the said districts hereinbefore mentioned should be redefined, and also that another district should be defined under the said Act as hereinafter mentioned, and that the said several districts should be brought under the operation of the said Act: Now therefore His Excellency Sir George Ferguson Bowen, the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said Colony, and in pursuance and exercise of the power and authority vested in him by "The Native Lands Frauds Prevention Act, 1870," doth hereby proclaim and declare that the several districts defined and described in the Schedule hereunder written shall, from and after the day of the date hereof, be Native Trust Districts under the said Act, and shall be called by the names set opposite to each definition and description thereof in the said Schedule—the two first-mentioned of which districts are defined in lieu of those defined and proclaimed by the said several Proclamations of the eleventh day of May last past. And with the like advice and consent as aforesaid, His Excellency the Governor doth, in further pursuance and exercise of the aforesaid power and authority, hereby bring each of the said several districts hereby defined and proclaimed under the operation of the said Act.
THE SCHEDULE REFERRED TO.
The Auckland District.
All that part of the Colony of New Zealand comprised within the Province of Auckland, save and except that tract of country within the said Province the boundaries whereof are described in the Schedule to "The East Coast Act, 1868," as follows:—The sea, from the eastern extremity of the northern boundary of the Province of Hawke's Bay to Lottin Point ; thence the summit of the range of mountains forming the watershed between the East Coast and the Bay of Plenty to the extremity of the said range north-east of Waikare-Moana ; thence in a straight line to the junction of the River Waiau with the River Waikare-Taheke ; thence in a straight line running south-west, true bearing, to the said northern boundary of the Province of Hawke's Bay, thence the said boundary to the commencing point on the East Coast.
The Poverty Bay District.
All that part of the Colony of New Zealand, being part of the Province of Auckland, and the boundaries whereof are described in the Schedule to "The East Coast Act, 1868," as follows:—The sea, from the eastern extremity of the northern boundary of the Province of Hawke's Bay to Latin Point ; thence the summit of the range of mountains forming the watershed between the East Coast and the Bay of Plenty, to the extremity of the said range north-east of Waikare- Moana ; thence in a straight line to the junction of the River Waiau with the River Waikare-Taheke ; thence in a straight line running south-west, true bearing, to the said northern boundary of the Province of Hawke's Bay ; thence the said boundary to the commencing point on the East Coast.
The Hawke's Bay District.
All that part of the Colony of New Zealand comprised within the Province of Hawke's Bay.
The Wellington District.
All that part of the Colony of New Zealand comprised within the Province of Wellington.
Given under the hand of His Excellency Sir George Ferguson Bowen, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same, at the Government House at Wellington ; and issued under the Seal of the said Colony, this fifth day of January, in the year of our Lord one thousand eight hundred and seventy-two.
W. GISBORNE.
GOD SAVE THE QUEEN!
![]() |
4.349 361 |
▲back to top |
1.
1
THE
NEW ZEALAND GAZETTE.
Published by Authority.
WELLINGTON, FRIDAY, JANUARY 6, 1871.
G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this
fourteenth day of December, 1870.
Present:
THE HONORABLE DONALD McLEAN, NATIVE AND DEFENCE MINISTER, PRESIDING, AND MEMBERS OF THE EXECUTIVE COUNCIL.
WHEREAS by the sixth section of "The Native
Lands Frauds Prevention Act, 1870," it is enacted that if the Trust Commissioner shall be satisfied with the result of such inquiries as by the said Act he is required to make, he shall indorse on the principal or only instrument a certificate under his hand to that effect, in such form as shall be from time to time prescribed by the Governor in Council, and no such instrument shall be registered in any Registry of Land or Deeds, or be received as evidence any Court of Law or Equity, without such certificate indorsed : Now therefore, His Excellency the Governor, in exercise and pursuance of all powers and authorities enabling him in this behalf, and with the advice and consent of the Executive Council of New Zealand, doth hereby order that the form of the certificate referred to in the said, recited section of the said Act shall be the form set forth in the Schedule hereto.
SCHEDULE.
I, the Trust Commissioner under "The Native Lands Frauds Prevention Act, 1870," for the District of do hereby certify that I have, with respect to the within written instrument and the alienation thereby witnessed, made the inquiries directed by the said Act, and do certify that I am satisfied with the result of such inquiries.
Dated this day of 187 .
DONALD McLean, Presiding.
FORSTER GORING,
Clerk of the Executive Council.
G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this fourteenth day of December, 1870.
Present:
THE HONORABLE DONALD McLEAN, NATIVE AND
DEFENCE MINISTER, PRESIDING, AND MEMBERS OF THE EXECUTIVE COUNCIL.
WHEREAS at a sitting of the Native Land Court of New Zealand at Ouake, in the District of Hokianga, Province of Auckland on the tenth day of October, one thousand eight hundred and seventy, the claim of Rangatira Moetara and others, aboriginal natives of New Zealand residing at Hokianga, to a piece of land called Waimamaku, situate at Hokianga, in the district aforesaid, was heard, and a certain order was thereupon made by the Court aforesaid: And whereas it is enacted by "The Native Lands Act, 1865," and "The Native Lands Act, 1867," and "The Native Lands Act, 1870," that the Governor in Council may order a rehearing of any matter judicially heard before the Court aforesaid, and before one or more Judges of the Court, and one or more Assessors, as may be specified in the Order in Council ordering such rehearing, and within such period of time as may be limited in such Order, provided that no such order for rehearing shall be made after six months shall have elapsed from the date of the original decision: And whereas it is expedient that the said claim shall be reheard before the said Court: Now therefore, His Excellency the Governor, with the advice and consent of the Executive Council of the Colony, in pursuance and exercise of the above recited power and authority, doth hereby order that the aforesaid claim of Rangatira Moetara and others to the aforesaid piece of land shall be reheard before a Judge of the said Court and one Assessor thereof. And doth order that such rehearing shall take place before the thirtieth day of June next.
DONALD McLEAN,
FORSTER GORING, Presiding.
Clerk of the Executive Council.
![]() |
4.350 362 |
▲back to top |
Schedule regulations under the Native Lands Frauds Prevention Act 1870 (NLFP Act)
File Date Sender Description
ND 72/61 27 November 1871 Trust Commissioner, Forwarding copy of
Turton, Napier evidence taken in respect to land conveyed to Capt Read of Poverty Bay.
ND 72/169 27 January Trust Commissioner, Acknowledging
H Turton, Napier receipt of letter 895/1. Is preparing certain rules under the Native Lands Frauds Prevention Act (NLFP Act). Will endeavour to send them by next mail.
ND 72/192 5 February Trust Commissioner, Submits for
H Turton, Napier consideration draft regulations under sec. 13 NLFP Act etc.
ND 85/335 21 February Trust Commissioner, Minutes of
H Turton, Napier proceedings as TC Napier and Poverty Bay 6 months ending 31st Jany 1872.
ND 72/360 26 February Trust Commissioner, Forwarding copy of
H Turton, Napier minutes of proceedings as TC
Hawkes Bay ending
31 Jan 1872.
ND 72/558 26 March Trust Commissioner, Wishes to visit
H Turton, Napier Poverty Bay as TC.
ND 72/929 29 May Hon Dr Pollen, Has not received any
Auckland rules or regulations.
ND 72/970 3 June Gent Govt Agent, D The rules and
Pollen, Auckland regulation NLFP Act
as sent are not
applicable to the Auckland District.
ND 72/974 3 June Trust Native Remarks on rules and
Reserve, Major regulation intended Heaphy, Wellington NLFP Act.
ND 72/975 1 June Trust Native Acknowledging
Reserve, Major receipt of draft rule
Heaphy, Wellington and regulations in NLFP Act. Would like to have an opportunity of discussing them.
ND 72/1616 1 June Trust Commissioner, Copy of minute of
H Turton, Napier proceedings as TC ending 6 months 31 July 1872, Hawkes Bay.
![]() |
4.351 363 |
▲back to top |
ND 72/1617 3 August Trust Commissioner, Copy of minute of
H Turton, Napier proceedings as TC ending 6 months 31 July 1872, Poverty Bay.
ND 73/2458 7 May H Turton, Napier Recommends that Major Heaphy's amendments of TCs regulation be sent to him for consideration.
ND 74/3548 21 May Hart and Buckley, That rules be
Wellington prepared under the NLPP Act '70
ND 74/6814 26 November Governor, Wellington O in C making rules etc. under NPFP Act 1870.
END
Related series:
J74/1252 21 May Hart and Buckley, That rules be
Wellington prepared under the NLFP Act 1870.
To ND 74/354
J72/2347 24 August Judge Johnston, No rules have been
Wellington made under the NLFP Act 1870.
To 73/2456
![]() |
4.352 364 |
▲back to top |
810
THE NEW ZEALAND GAZETTE
the Regulations in force in the Provinces of Hawke's Bay and Wellington for the sale and disposal of the waste lands of the Crown.
Roads and road lines shall be laid off through the said settlements in such directions as may be thought expedient.
Within the settlements, the Minister may from time to time make such reserves for the purposes of the Government of the Colony, or for railways, bridges, roads, tramways, or other public works, or for schools and schoolhouses, churches or chapels, or for the purpose of preserving the timber in any part of the settlements, as he may think fit,
Such reserves shall be managed in such manner as the Minister shall think fit, and he may allow the same to be occupied, sold, or disposed of under these Regulations on such terms and conditions as he shall prescribe. The purpose for which any such reserve shall have been made may be changed by the Minister, and any such reserve may be by him withdrawn from reservation. Notice of the making of any such reserve, and of any change made in the purposes for which the same shall have been reserved, or of any withdrawal thereof, shall be notified iu the New Zealand Gazette.
The persons to be located on the said settlements shall be such immigrants as shall from time to time he approved of by the Minister, and the head of each family of such immigrants shall be allowed to select one section of land in the settlement. Such selection shall be made in such order and at such time as the Minister shall prescribe.
During the first two years of his occupation, if the settler shall have erected on the land selected a habitable dwelling-house, and shall have improved the land by falling the bush thereon, cropping or laying down in grass, and fencing at least five acres thereof, he shall be allowed to continue his holding and to purchase the land at a price of £1 per acre, payable in equal annual instalments of £ 13 6s. 8d. each Buch instalments to be payable at the end of each year after the expiration of the first two years. The money to be paid in such manner and to such persons as the Minister shall from time to time direct.
If at the end of the said two years occupation the settler shall be in a position to pay for his land at once, he shall be at liberty to do so at the rate aforesaid.
Any failure to make the said payments or to perform and fulfil the conditions above prescribed will occasion a forfeiture of the land selected, and of all claim thereto or interest therein.
Upon full payment of the purchase money at the rates aforesaid, and upon the performance of the terms of these Eegulations, the settler shall bo on-titled to a Crown grant of his land free of any further expense, except the usual Crown grant fees.
No settler shall be at liberty to part with, sell, assign, charge, or encumber his estate or interest in any land selected by him under these Regulations until he shall have paid his said purchase money, and otherwise complied with these Eegulations: Provided that the Minister may in any case, if he think fit, by writing under his hand, consent to any such sale, assignment, or charge upon the land selected as aforesaid.
Establishing a Municipality at Napier. (L.S.) JAMES FERGUSSON Governor.
A PROCLAMATION.
WHEEEAS by "The Municipal Corporations Act, 1867," provision is made for constituting, by Proclamation, boroughs in districts not comprised
within the limits of any of the cities, towns, or places therein particularly mentioned: And whereas it is expedient to constitute the Town of Napier a borough in manner hereinafter provided:
Now therefore, I, Sir James Fcrgusson, Baronet, the Governor of the Colony of New Zealand, in pursuance of the powers vested in mo by the said Act, do hereby constitute and proclaim the district comprised within
THE TOWN OF NAPIER,
as the boundaries thereof are defined in the Schedule hereto, to be a Borough under " The Municipal Corporations Act, 1867," aforesaid.
Given under the hand of His Excellency the Eight Honorable Sir James Fergusson, Baronet, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, a Member of Her Majesty's Most Honorable Privy Council, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same; and issued under the Publie.Seal of the said Colony, at Auckland, this twenty-sixth day of November, in the year of our Lord one thousand eight hundred and seventy-four.
DANIEL POLLEN GOD SAVE THE QUEEN
SCHEDULE.
ALL the land known as the Town of Napier, except that portion of the town which is situated on Meeanee Spit. The boundaries whereof are—Commencing at the Pilot Station, following the sea beach in an easterly direction to the point of the Ahuriri Bluff, rounding the Bluff and proceeding along the sea beach to the southern extremity of the Town of Napier; there it crosses at the southern boundary of Section No. 566 to the inner lagoon, following the lagoon by Wellesley Road and Hyderabad Road to Pandora Point; thence iu a straight line to the beacon on the most westerly point of Maori Island; thence in a straight line to the starting point.
Mules of Practice and Procedure in Appeals under
" Native Lands Frauds Prevention Act, 1870."
JAKES FERGUSSON, Governor.
ORDER IN COUNCIL.
At the Government House, at Auckland, this
twenty-sixth day of November, 1874.
Present:
His EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEEEAS by "The Native Lands Frauds Prevention Act, 1870," it is enacted that any person aggrieved by any act of the Trust Commissioner in relation to the giving or withholding the certificate in the said Act mentioned may appeal to the Supreme Court against the decision of the Trust Commissioner, and such appeal shall be made within such time and in\_ such form, and with such provisions as to notice of appeal and as to the effect of such notice, and shall be heard and determined in such manner as shall be fixed and provided in that behalf in tho rules of procedure thereinafter directed to be made: And whereas by the said Act it is also provided that the Governor in Council may, with the approval of a Judge of the Supreme Court, make and from time to time alter, revoke, or amend such rules of practice and procedure for regulating proceedings under the said Act as to him shall seem fit, and such rules, when published in the New Zealand Gazette, shall have the force of law:
![]() |
4.353 365 |
▲back to top |
THE NEW ZEALAND GAZETTE. 811
And whereas it is expedient that rules of practice and procedure for the purpose of regulating proceedings under the said Act upon appeals from the decision of any Trust Commissioner should be made as and in manner hereinafter set forth: And whereas the rules in the Schedule hereto have been submitted to and approved of by His Honor Alexander James Johnston, Esquire, a Judge of the Supreme Court of New Zealand, as required by the said Act: Now therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and by and with the advice and consent of the Executive Council of the said Colony, doth hereby (with such approval as aforesaid) make the Rules of Practice and Procedure set forth in the Schedule hereto, for the purpose of regulating proceedings under the said Act upon appeals from the decision of any Trust Commissioner to the said Supreme Court.
SCHEDULE.
Any person dissatisfied with the decision of any Trust Commissioner as to the giving or withholding any certificate which he is authorized to give under "The Native Lands Frauds Prevention Act, 1870," may on the day on which any such decision shall be given, either personally or by his solicitor or agent, inform the Commissioner that he intends to appeal under these Regulations ; and within three clear days after the day on which such decision shall be given, such person shall deliver to the Commissioner a statement in writing, signed by him, his counsel, solicitor, or agent, containing the grounds of his dissatisfaction, and notice of his intention to appeal against such decision.
The notice of appeal shall be in writing, and shall state the grounds on which the party appeals, and shall be signed by the appellant, his solicitor, or agent, and such notice shall be delivered to the Trust Commissioner, and a duplicate thereof to every person interested in the proposed alienation.
In the event of any notice being given of intention to appeal, as provided in rule 1, the Trust Commissioner shall not indorse his certificate on any instrument of alienation until the final order of the Court in the matter of the appeal: Provided that if such appeal be not duly prosecuted within the periods hereinafter prescribed, the other parties interested in the alienation may require the Commissioner to indorse such certificate in accordance with his previous decision, which he shall be at liberty to do.
Where the facts are not in dispute, but the decision of the Commissioner is alleged to be erroneous in point of law, such appeal shall be in the form of a case, to be agreed on by the party appellant, and by the other parties interested in the proposed alienation (hereinafter termed "the respondents") ; and if such parties cannot agree, the Commissioner shall settle the case and sign it.
All cases on appeal shall be presented to the Commissioner for his approval and signature not later than fourteen days from the day on which the decision was given, and shall then, or as soon afterwards as the case shall be approved, be signed by the Commissioner ; and when so signed one copy thereof shall be left with the Commissioner, and another copy thereof shall be given to the respondents, or to such of them as the Commissioner shall direct, within three days, or as soon afterwards as shall be practicable, next after the signing of the case.
The appellant shall within seven days after the case is signed, or as soon thereafter as shall be
practicable, transmit the same to the nearest Registrar of the Supreme Court within the judicial district in which at the time of such decision the Commissioner may have been sitting.
If the facts be disputed, then the appeal shall be heard at a time and place to be appointed as hereinafter provided ; but it shall not be lawful for the appellant, on the hearing of any appeal, to go into or give evidence of any ground of appeal which shall not have been set forth in the notice of appeal.
When a case has been settled as before provided, and at any time after notice of appeal has been given, where it is not necessary to settle a case, the appellant may apply, in Chambers, to a Judge of the Supreme Court, to fix the time and place when the appeal shall be heard or argued.
Notice of the time and place so fixed shall be given by the appellant to the respondents, or such of them as shall have had notice of appeal served upon them.
The appeal shall be heard or argued in open Court at the time and place so fixed by the Judge as aforesaid, or on such other day as the Judge of the Supreme Court may appoint for the hearing or argument. The Supreme Court is hereinafter referred to and included in the expression "the Court."
The Court, if it think fit, shall have power to cause the case to be sent back for amendment ; and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended.
No objection shall be allowed on account of any defect in the form of setting forth any ground of appeal in the notice of appeal, unless the Court shall be of opinion that such ground of appeal is so incorrectly or imperfectly stated as not to enable the party receiving the same to inquire into the subject of such statement and to prepare for trial ; and in any such case the Court may make such order for amendment or postponement on such terms as to payment of costs as to the Court shall appear just and reasonable.
If upon the hearing of any appeal the Court shall be of opinion that the approval of the Trust Commissioner ought to have been withheld, or have been given, as the case may be, the Court may, by order, prohibit or authorize the proposed alienation as the case may require, and such order shall have the same force and effect as a refusal or consent, as the case may be, by the Trust Commissioner.
When the Court has pronounced judgment, either party may deposit the original order of the Court, or an office copy thereof, with the Commissioner whose decision shall have been appealed from, and shall within forty-eight hours thereafter serve or transmit a notice thereof upon or to the other party.
Upon any appeal, the Court may make such order as to costs, and the party or parties by whom the same shall be paid, as to it may seem fit; and all such orders shall be final and conclusive on all parties : Provided that no Commissioner stating a ease in pursuance of these Regulations, or whose decision may have been appealed from under the said Act, shall be liable to any costs in respect or by reason of such appeal against his decision.
The costs to be allowed upon appeal in the Court shall be taxed by the Registrar of the Court, whose certificate shall be final.
All orders of the Court made upon the hearing of any such appeal, or for the payment of costs by one of the parties to the appeal to the other of such parties, or as the case may be, shall and may be
![]() |
4.354 366 |
▲back to top |
812
THE NEW ZEALAND GAZETTE.
enforced in like manner as orders of the Court in its ordinary jurisdiction are enforced.
K. FERGUSSON, A.D.C.,
Acting Clerk of the Executive Council.
Approved
ALEXANDER J. JOHNSTON.
Regulations for Loans of Money under "The Govern-
ment Insurance and Annuities Act, 1874."
JAMES FERGUSSON, Governor.
ORDER IN COUNCIL.
At the Government House, at Auckland, this
twenty-sixth day of November, 1874.
Present :
HIS EXCELLENCY TILE GOVERNOR IN COUNCIL.
WHEREAS by the fifth section of "The Govern- ment Insurance and Annuities Act, 1874," (hereinafter referred to as " the said Act,") it is enacted that the Governor shall have power, by Order in Council, from time to time to do (inter alia) the following things :—
To make rules respecting the loan of moneys under the said Act, on the security of the surrender values of policies, and for the effectual recovery of principal and interest accruing on such loans.
To make rules generally for the purpose of carrying the said Act into effect, and to impose penalties not exceeding twenty pounds for breach of such rules.
And whereas by the said Act it is also provided that it shall be lawful for the Colonial Treasurer, in accordance with such Regulations as may from time to time be made by the Governor in Council, to issue out of any funds standing to the credit of the Government Insurance Account, thereafter provided for, sums of money as loans to holders of policies issued under the said Act which shall have been in force for three years before such issue, and interest shall be charged on such loans at a rate of interest per centum per annum to be fixed from time to time by the Governor in Council; but no money shall be lent upon any such policy to an amount exceeding nine-tenths of the surrender value of such policy at the time of the loan, and the Colonial Treasurer shall, on the certificate of the Commissioner, pay to him out of the Government Insurance Account all such sums as shall be required for such loans :
And whereas it is expedient that the Rules and Regulations hereinafter prescribed should be made for the purposes aforesaid :
Now therefore, His Excellency the Right Honorable Sir James Fergusson, Baronet, the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities vested in him by the said Act, and all other powers and authorities in this behalf vested in him, and by and with the advice and consent of the Executive Council of the said colony, doth hereby fix the rate of interest to be charged on, loans made under the authority of the said Act at the rate of seven pounds per centum per annum. And in further exercise and pursuance of the said powers and authorities, and by and with the advice and consent aforesaid, doth hereby make and prescribe the following Rules and Regulations, that is to say,—
Interpretation.
1. In the construction of these Rules and Regulations, the expressions hereinafter mentioned shall have the meanings hereby assigned to them, that is to Bay : the expression "the Commissioner " shall mean the Government Insurance Commissioner for
the time being appointed under " The Government Insurance and Annuities Act, 1874;" the expression " the Assured" shall mean the person for whose benefit the insurance is effected.
Colonial Treasurer to issue funds required for loans out of the
Government Insurance Account.
It shall be lawful for the Colonial Treasurer, in accordance with these Regulations, to issue out of the funds standing to the credit of the Government Insurance Account, of money, as loans to holders of policies making application for the same in accordance with these Rules and Regulations and the provisions of " The Government Insurance and Annuities Act, 1874."
Commissioner may grant Loans to Policy-holders.
The Commissioner may, upon the application of any policy-holder whose policy shall have been in force for three yeare, advance to him, by way of loan, any sum not exceeding nine-tenths of the then surrender value of the said policy : Provided always that no loan shall be granted upon the security of any policy which may have been issued for the benefit of the wife of the person whose life is insured, or of his wife and children, or of his wife and some or one of his children, or of his children only, or some or one of them.
Policy to be deposited with Commissioner with memorandum
signed by Assured.
In every case in which a loan shall be so granted, the policy in respect of which such loan is granted shall be deposited with the Commissioner, and the Assured shall thereupon sign a memorandum of deposit of policy, such memorandum to contain such stipulations for the effectual recovery of principal and interest as the Commissioner may think fit, not being inconsistent with the said Act or these Regulations.
Rate of Interest.
The rate of interest chargeable in respect of any such loan shall be seven per cent. per annum, payable half-yearly, at the Post Office at which the premiums on the policy may for the time being be payable.
Interest in arrear to be capitalized.
Whenever the interest due on any such loan shall be in arrear for thirty days after the date stipulated in the memorandum of deposit of policy, the amount of such interest shall be added to the principal sum, and shall henceforth bear interest at the like rate of seven per cent. per annum.
Assured may repay Loan without notice.
At any time during the currency of the-loan the Assured may pay off the amount advanced to, him, together with all interest due thereon, without giving any notice of his intention to do so. And upon payment of all principal and interest moneys then due, the Assured shall be entitled to have his policy returned to him.
In certain cases Commissioner to declare Policy void. '
If at any time the total amount due in respect of such loan, together with accrued interest thereon, shall exceed the then surrender value of the policy, or if the policy shall be allowed to lapse, or if the person who has obtained the loan shall assign or otherwise charge the said policy without the consent in writing of the Commissioner, then and in any such ease the Commissioner may by notice in writing, to be given to the Assured, or posted to his last known address in the colony, declare such policy to be void, and such policy shall accordingly become absolutely void.
Repayment by instalments.
The Commissioner may receive repayment of any, loan by instalments, and in every such case a proportionate reduction in the interest payable shall be made.
Maturity of Policy.
If the moneys assured under any policy, on the
security of which a loan has been granted, shall become payable during the currency of the loan, the Com-
![]() |
4.355 367 |
▲back to top |
THE NEW ZEALAND GAZETTE. 277
of sections two and three of the said line of
and .it is expedient that I should delegate to
person hereinafter named full power to accept such and to enter into the necessary contracts for construction and completion of the said line of
as hereinafter set forth :
Now therefore, I, Sir George Ferguson Bowen, the ernor of New Zealand, in exercise of the powers in the said first-mentioned Act, do by this Warrant under my hand delegate to
The Honorable FRANCIS DILLON BELL,
Dunedin, in the Province of Otago, full power and
to accept any tender or tenders for the construction and completion of sections two and three of the said tine of railway from Dunedin to Clutha as upon such terms and conditions as to him hall seem meet and expedient (subject, however, to be provisions of the said Acts) ; and further, to sign, execute, and enter into any contract or contracts
with any person or persons which may be requisite necessary, under the provisions of the said Acts or of them, for the construction and completion of the said sections two and three of the said line of
Given under the hand of His Excellency Sir George Ferguson Bowen, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same ; and issued at Wellington, this third day of June, in the year of our Lord one thousand eight hundred and seventy-one.
W. GISBORNE.
G. F. BOWEN, Governor.
of the power vested in me by the
of " The Native Lands Frauds Pre-
1870:"
the Governor of the Colony of New Zealand, do under my hand appoint
Traver, Esquire, of Napier,
Commissioner under the said Act for
Bay District, as the same is defined by
bearing even date herewith.
under the hand of His Excellency Sir Ferguson Bowen, Knight Grand of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over Her Majesty's Colony of New
Zealand and its Dependencies, and Vice-
Admiral of the same ; and issued at
Wellington, this eleventh day of May, in he year of our Lord one thousand eight andred and seventy-one.
W. GISBORNE.
Council.
WILLIAM Fox,
"
Presiding.
GORING,
he Executive Council.
G. F. BOWEN, Governor.
ace of the power rested in me by the
of " The Native Lands Frauds Pre-
1870:"
vernor of the Colony of New Zealand, do rant under my hand appoint
DANIEL POLLEN, of Auckland,
Commissioner under the said Act for
the Auckland District, as the same is defined by a Proclamation bearing even date herewith.
Given under the hand of His Excellency Sir George Ferguson Bowen, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same; and issued at Wellington, this eleventh day of May, in the year of our Lord one thousand eight hundred and seventy-one.
W. GISBORNE.
Approved in Council.
WILLIAM Fox,
Presiding.
FORSTER GORING,
Clerk of the Executive Council.
Colonial Secretary's Office, Wellington, 3rd June, 1371.
IT is hereby notified, that, in conformity with clause 133 of " The Municipal Corporations Act, 1867," the name of
PHIL IP AARON PHILIPS, Esq.,
has been sent in to this office by the Town Clerk as having been elected Mayor of the Borough of Auckland.
W. GISBORNE.
Colonial Secretary's Office,
(Judicial Branch,)
Wellington, 2nd June, 1871.
HIS Excellency the Governor has been pleased to reappoint WILLIAM SPENCER VON STURMER, Esq., J.P.,
to be a Resident Magistrate for the Resident Magistrate's District of Bay of Islands. This appointment to date from the 25th March last.
W. GISBORNE.
Office of the Commissioner of Customs,
Wellington, 31st May, 1871.
HIS Excellency the Governor has been pleased to appoint Major NOAKE,
Resident Magistrate at Patea, to be a Licensing Officer under " The Arms Act, 1860."
HENRY SEWELL.
Office of the Commissioner of Stamps,
Wellington, 1st June, 1871.
HIS Excellency the Governor has been pleased to appoint WILLIAM RUSSELL, Esq.,
to be Deputy Commissioner of Stamp Duties for the District of Southland, rice William Stuart, Esq., promoted. This appointment takes effect on and from the 1st June, 1871.
HENRY SEWELL.
Customs Department (Marine Branch), Wellington, 22nd May, 1871.
HIS Excellency the Governor has been pleased to appoint JOHN 131, A CRETT, Esq., C.E.,
to be Marine Engineer for the Colony of New Zealand.
HENRY SEWELL.
![]() |
4.356 368 |
▲back to top |
80
THE NEW ZEALAND GAZETTE.
Coroner appointed.
Office of the Minister of Justice, Wellington, 13th January, 1873.
HM Excellency the Governor has been pleased to appoint THOMAS JACKSON, Esq., J.P.,
of Maungatawhiri, Auckland, to be a Coroner within the Colony.
JOHN BATHGATE.
Clerk of Resident Magistrate's Court appointed.
Office of the Minister of Justice,
Wellington, 14th January, 1873.
HIS Excellency the Governor has been pleased to appoint GEORGE LKYON ASHER Eeq.,
to be Clerk of the Resident Magistrate's Court at Port Chalmers, eke D. Rolfe, Eel , resigned.
JOHN BATHGATE.
Free Pardon to an Accomplice.
Office of the Minister of Justice, Wellington, 9th January, 1873.
NOTICE.—Whereas on the night of the 31st ultimo, or early on the following morning, a Buyer of Gold for the Bank of New South Wales was robbed of Three hundred and thirty-six (336) Ounces of Gold by two masked men near Totara Flat, Grey Valley : This is to notify that His Excellency the Governor will grant a Free Pardon to any person implicated in the Robbery who shall give such information as will lead to the apprehension and conviction of one or both of the offenders.
JOHN BATHGATE,
Minister of Justice.
Appointment of Receiver of Land Revenue for
Canterbury.
Treasury,
Wellington, 9th January, 1373.
HIS Excellency the Governor has been pleased to appoint THOMAS CASs, Esq.,
to be Receiver of Land Revenue in Canterbury.
JOHN HALL,
(in the absence of Mr. Vogel).
William Bishop, late Sergeant in Hawke's Bay
Defence Force.
UNDER the provisions of "The Public Payments without Probate Act, 1969," and the Regulations made thereunder, published in the .New Zealand Gazette of 1870, page 212, the Colonial Treasurer intends to make a payment of money due the above-named deceased, to a person not being his legal representative. All persons objecting to such payment being made must give notice to the Colonial Treasurer, at Wellington, within one calendar month from the date of the Gazette bearing this notice, when their objections will be considered.
JOHN HALL,
(in the absence of Mr. Vogel).
Trust Commissioner appointed.
Native Office,
Wellington, 8th January, 1873.
HIS Excellency the Governor has been pleased to appoint The Hon. THEODORE MINET HAULTAIN
to be Trost Commissioner under " The Native Land
Frauds Prevention Act., 1870," for the District of Auckland, eke Dr. Pollen, resigned.
DONALD McLEAN.
Medical Referees appointed.
Government Annuities Office, Wellington, 13th January, 1873.
HIS Excellency the Governor has been pleased to appoint the under-mentioned gentlemen to be Medical Referees, under " The Government Annuities Act, 1869 :"—
ALEXANDER STEWART, Esq.,—Waipori. THOMAS S. BULMER, Esq.,—Reefton.
W. GISBORNE, Commissioner.
Application for Registration of Trade Mark.
NOTICE is hereby given, that HANG OLSON, of Parnell, in the City of Auckland, has applied t6 register the following Trade Mark under The Trade Marks Act, 1866: "-
A Tomato, coloured red, and measures 11 inch in its greatest and 1¼ inch in its least diameter, the words and letters " Trade H. 0. Mark," being printed along its greatest diameter. It will generally be printed with the word " 'Universal " in grotesque letters, and the words "Tomato Sauce" or ." Tomato Jam " in shaded grotesque letters, above the said Trade Mark, and below it the words "H. Olson," in' shaded grotesque letters, and the words " Parnell, Auckland, N.Z." in grotesque letters.
The articles to which it is proposed that the said mark shall apply are Tomato Sauce and Tomato Jam, to be made by the said Hans Olson.
G. S. COOPER,
(for the Registrar of Trade Marks). Wellington, 13th January, 1873.
Otago Dock Trust.
THE Trustees of the Otago Graving Dock invite tenders for Mortgage Bonds to the amount of £10,000 (in £100 bonds), to be issued under the authority of " The Otago Dock Trust Debt Act, 1872." Tenders will be received till noon on Thursday, 20th February, 1073, and may be for the whole or a portion of the sum, but the Trustees do not bind themselves to accept the highest or any tender.
These bonds will have a currency of thirty years from the date of issue ; will bear interest at the rate of 6 per cent. per annum, and interest and principal will be made payable in Dunedin, or in London, Melbourne, or Sydney, at the option of the purchasers. After 1st November, 1878, they will form a first charge on the property and income of the Trust.
Further information and copies of t he Act may be obtained from the Chairman, R. B. Martin, or from the undersigned, at the office of the Trustees, Temple Chambers, Princes Street, Dunedin.
J. S. WEBB,
Clerk to the Board of Trustees. Dunedin, 13th December, 1872. 48
Auckland and Fiji Cotton Company, Limited.
NOTICE—In accordance with subsection 10 of section 109, of " The Joint Stock Companies Act, 1860," notice is hereby given that a General Meeting of Shareholders of the above Company will. be held at the Registered Office of the Company, Queen Street, Auckland, at 2.30 p.m., on Monday, 17th February, 1973, for the purpose of receiving and considering the Liquidator's account.
EDWARD BENNITT,
57 Liquidator.
![]() |
4.357 369 |
▲back to top |
G.—6.
1877.
NEW ZEALAND.
TRUST COMMISSIONER, AUCKLAND.
(REPORT BY THE, OF LANDS ALIENATED BY NATIVES IN AUCKLAND PROVINCIAL DISTRICT.)
Presented to both Houses of the General Assembly by Command of His Excellency.
The Hon. Colonel HAULTAIN to the Hon–the NATIVE MINISTER.
Trust Commissioner's Office, Auckland, 12th July, 1877.
I have the honor to furnish the following Report of Lands alienated by the Natives in the District of Auckland; the deeds relating to which have been submitted to the Trust Commissioner for certificate under "The Native Lands Frauds Prevention Act, 1870," during the twelve months ended the 30th June, 1877.
Two hundred and twenty-five deeds have been received at the office.
Certates refused.—Certificates have been refused. in five cases—let, because the alienation required the Governor's consent, which had not been given ; 2nd, because the land purporting to be sold was inalienable except by lease ; 3rd, because there was no title ; 4th, because the land was held in trust for the tribe ; 5th, because the grantees were minors, and their trustees bad no power to sell.
lands sold-75,748 acres were purchased by the Government for £8,303 15a., about 2s. 2d. per acre ; 55,927 acres were sold to private individuals for £18,921 3s. 6d., about 6e. 9d. per acre; and 21 town lots were sold for £1,087 10s., about £51 16s. per lot.
Lands leased.-14,246 acres were leased at a rental of £556 per annum, an average of 9d. per acre ; 4 town lots were leased for £31 14s., being £7 18s. 6d. per lot.
Forest Lands.—2,248 acres were leased at a nominal rental of 6s., with premiums amounting to £385.
Mortgages.—£2,087 3s. 9d. has been lent on the security of 7,481 acres of land.
I append a return showing the quantity, price, &c., of the land that has been passed through this office since let January, 1878.
I have, &c.,
T. M. HAULTAIN
The Hon. the Native Minister, Wellington. Trust Commissioner.
![]() |
4.358 370 |
▲back to top |
"NATIVE LANDS FRAUDS PREVENTION ACT, 1870."
RETURN of NATIVE LANDS passed through the Trust Commissioner'e Office, Auckland, from 1st January, 1873, to 30th Tune, 1877.
|
|
|
COUNTRY LANDS. |
TOWN LOTS. |
TIMBER |
| |||||||||||||
|
PERIOD. |
|
Sold. |
Leased |
Sold. |
|
|
|
|
|
| ||||||||
|
|
|
|
|
|
|
Acres. |
Rental. |
Premiums. |
Acres, |
Amount Lent. | ||||||||
|
|
|
|
|
|
|
|
|
|
|
|
| |||||||
|
|
|
Acres. |
Price. |
Average. |
Acres. |
Price. |
Average. |
No. |
Price. |
Average. |
No. |
Price. |
Average. |
|
|
|
|
|
|
lst January, 1873, to 80th June, 1874 ... |
854 |
157,216 |
£ s. d. 22,977 0 0 |
£ s. d. 0 3 0 |
151,458 |
£ s. d. 1,066 0 0 |
£ s. d. 0 0 1½ |
65 |
£ s. d. 8,511 0 0 |
£ s. d. 65 0 0 |
51 |
£ d. 417 0 0 |
£ s. d. 8 0 0 |
137,695 |
£ s. d. Nominal |
£ s. d. 6,744 0 0 and Royalties |
5,846 |
£ s. d. 1,693 10 0 |
|
1st July, 1874, to 30th |
|
|
|
|
|
|
|
|
|
|
|
|
\_ |
|
|
|
|
|
|
June, 1876 .., let July, 1875, to 30th |
165 |
34,891 |
5,498 0 0 |
0 3 0½ |
10,870 |
498 0 0 |
0 1 0 |
17 |
476 0 0 |
28 0 0 |
24 |
114 7 0 |
4 15 0 |
48,210 |
Nominal |
4,485 0 0 and Royalties |
6,126 |
732 0 0 |
|
June, 1876 ... |
210 |
497,970 |
43,866 2 6 |
0 1 9 |
101,028 |
444 2 0 |
0 0 1 |
13 |
916 0 0 |
70 7 8 |
11 |
140 6 0 |
13 11 0 |
1,501 |
25 0 0 |
and Royalties |
3,338 |
1,647 16 0 |
|
1st July, 1876, to 30th |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Jane, 1877 ... |
225 |
191,685 |
27,224 18 0 |
0 4 1½ |
14,246 |
566 0 . 0 |
0 0 9 |
|
1,087 10 0 |
51 16 0 |
4 |
31 14 0 |
7 18 6 |
2,248 |
Nominal |
385 0 0 |
7,481 |
2,087 3 9 |
|
Totals ... |
944 |
821,762 |
99,556 0 6 |
0 2 5 |
277,592 |
2,554 2 0 |
0 0 2½ |
116 |
6,98910 0 |
61 12 8 |
90 |
703 6 0 |
7 16 8 |
189,654 |
25 6 0 Nominal |
11,611 0 0 and Royalties |
22,791 |
6,000 8 9 |
Auckland, 12th July, 1877.
T. M. HAULTAIN,
Trust Commissioner,
3d.]
By Authority : GEORGE DIDSBURY Government Printer, Wellington.—1877.
![]() |
4.359 371 |
▲back to top |
![]() |
4.360 372 |
▲back to top |
![]() |
4.361 373 |
▲back to top |
![]() |
4.362 374 |
▲back to top |
![]() |
4.363 375 |
▲back to top |
1876.
NEW ZEALAND.
TRUST COMMISSIONER, AUCKLAND
(REPORT BY TEE, RELATING TO ALIENATION OF LANDS BY NATIVES IN AUCKLAND PROVINCE.)
Presented to both Houses of the ,General Assembly by Command of His Excellency.
The Hon. Colonel HAULTAIN the Han the NATIVE MINISTER.
Sri,— Trust Commissioner's'Office, Auckland, 14th July, 1876.
I have the honor to furnish the following report of Landa, alienated by the Natives in the Province of Auckland, the deeds relating to which have been submitted to the Trust for certificate under " The Native Lands Frauds Prevention Act, 1870," during the year the
80th-June, 1876.
Two hundred and ten deeds have been received in the office. Certificates refused.—Certificates were refused in five cases ; in three because the land was in- alienable except bylease for twenty-one years and in the other two instances, because the land was
held by the grantees in trust for the tribe.
Lands sold 437,788 acres of land were purchased-by the Government for £33,669 7s. 5d., about 3½d, per acre; 60,182 acres were sold to private individuals for £10,18615s., or 3s. 3½d. per acre ; and thirteen town lots were sold for £915, or £70 7e. 8d. per lot.
Lands leased.-98,500 acres were leased--b7 the. Government for £200 per annum, about ½d. per acre ; 2,528 acres were leased to private individuals for £244 2s. per annum, or nearly 1s. 11¾ per acre, with a premium of £80 in one case. Eleven town lots were leased for £145 5s. per annum, or £13 11s. per lot.
Forest Lands.-968 acres were leased £25, per annum ; and 533 acres were let at a nominal rent, with a royalty of £1 on every kauri tree over twenty-four inches in diameter. Mortgages.—£1,547 15s. has been lent on mortgages of 8,338 acres of land.
I have, &c.,
T. M. HAULTAIN
The Hon. the Native Minister. Trust Commissioner.
By Authority: GEORGE DIDSEURY, Government Printer, Wellington.-1876.
Price 8d.]
![]() |
4.364 376 |
▲back to top |
114 [1881, No. 17.] Native Lands Frauds Prevention. [45 VICT.]
Court to grant 5. The Court having determined who, in its judgment, ought to succeed,
certificate.
shall thereupon grant a certificate accordingly.
The certificate so granted shall set forth the death of the owner, a description of the land, and the name and place of abode of the person entitled to succeed, and may fix the date on which he became entitled.
The certificate shall have the same force and effect in favour of the successor as the instrument, under which the deceased Native owner was entitled, had in his favour at the time of his decease, and, as regards hereditaments, shall, for the purpose of registration under the Land Transfer Acts and the Deeds Registration Act, be treated in like manner as a valid will.
Similarly as to 6. Where any Native dies intestate possessed of personal estate within New
personally
Zealand, any person claiming to be interested or entitled to such personal estate may apply to the Court for a certificate setting forth the name of the person who ought to succeed to such personal estate. If the deceased Native left any writing which, though not legally executed as a will, the Court should be of opinion was intended to be a disposition of any personal estate therein mentioned, it shall grant the certificate as nearly as may be in accordance therewith.
Certificate to be 7. The Court, after hearing the application, may, if it think fit, grant a
granted.
certificate setting forth the names and places of abode of the persons entitled to succeed to such personal estate according to Native usage or custom. Letters of adminis- 8. The certificate shall also designate one or more person or persons to whom
tration to be granted
letters of administration may be granted to administer the estate on behalf of
accordingly.
those entitled to succeed. thereto, subject to the provisions of section nine. Such person or persons shall be entitled to the grant of such letters by a Court of competent jurisdiction.
Rules applicable 9. Except as by this Act specially provided, all laws and rules relating to
thereto. the grant and issue of letters of administration, and to stamp and other duties imposed upon the grant of administration, of the estates of persons deceased shall be applicable to such certificate.
Repeal. 10. " The Intestate Native Succession Act, 1876," is hereby repealed.
1881, No. 17.
NATIVE AN ACT to prevent Improvident Dealings and Frauds upon the Alienation of
LANDE FRAUDS Land by Natives' [23rd September, 1881.]
ParvESTTIOti.
BE IT ENACTED by the General Assembly of New Zealand. in Parliament assembled, and by the authority of the same, as follows
1. The Short Title of this Act is " The Native Lands Frauds Prevention Act, 1881."
Short Title. 2. The words following have the several meanings in this Act respectively
attached to them :-
Interpretation. " Native " means aboriginal natives and half-castes, and their descendants
by Natives.
" Alienation " means sale, lease, or other disposition absolute or limited,
charge, lien, or incumbrance.
"Native land " includes all land held. by Natives under any title except their customs or usages.
Trust Commissioner. 3. The Governor may from time to time, by warrant under his hand, appoint
any person to be a Trust Commissioner, who shall hold office during pleasure.
Appointment of, 4. Trust Commissioners heretofore appointed shall be deemed, to he ap-
continued. pointed under this Act.
![]() |
4.365 377 |
▲back to top |
[45 VICT] Native Lands Frauds Prevention. [1881, No. 17.]
5. No alienation of Native land shall be valid,
If such alienation or the transaction relating thereto is contrary to equity and good conscience ; or,
If the alienation is in contravention of or not in accordance with any trusts to which the land is subject; or,
If the consideration for alienation is either in whole or in part founded directly or indirectly on or arises out of or connected with any sale or gift of any spirituous or fermented liquors, or any arms or other warlike implements or stores, or any contract or promise relating to any such sale or gift.
6. The Trust Commissioner shall, as far as possible, inquire into the circumstances attending every alienation, and especially ascertain whether the same is valid or invalid according to the intent and meaning of the last preceding section.
He shall also inquire as to the nature of the consideration, and shall satisfy himself that the consideration purporting to be paid or given has been paid or given.
And shall also satisfy himself that the Natives interested in the lands the subject of alienation have sufficient land left for their occupation and support.
7. The Trust Commissioner may from time to time call in the assistance of a Native Assessor to assist him in making inquiry into the circumstances attending the alienation of any Native land.
8. No judgment, order, or decree may be registered in any Deeds Registry Judgment, &c., to be inquired into by Commissioner. Office or in any Land Registry Office, nor shall any land be capable of being
seized or sold under any such judgment, order, or decree, or under any writ of Teri facial, or any other writ, for the purpose of satisfying any such judgment, order, or decree, unless the circumstances attending the same have been investigated by a Trust Commissioner.
9. For the purpose of any such inquiry or investigation as aforesaid every Commissioner may
summon witnesses and order productions of documents, &c.
Trust Commissioner appointed under this Act may, by summons under his hand,
require any person to attend as a witness at such time and place as shall be of documents, &c. specified in the summons.
Such person may in like manner be required to bring and produce any books, papers, writings, deeds, and documents of which a Court of law could compel the production.
10. The Trust Commissioner may examine upon oath any witness so summoned and attending touching the matter to be inquired into.
11. If any person on whom any summons shall have been served shall fail or neglect to appear, or to produce any books, papers, writings, deeds, and documents according to the exigency of the summons, or shall refuse to be sworn or to give evidence, or to answer such questions as shall be put to him by the Commissioner touching the subject-matter of the inquiry, every such person shall be liable to a penalty not exceeding fifty pounds, to be recoverable in a summary way ; and. every person wilfully and corruptly giving false evidence on oath shall be guilty of perjury, and punishable accordingly.
12. A summons may be served by delivering a copy thereof personally, or
by leaving a copy at the usual place of abode of the person to be served.
No person shall be compelled to attend until a reasonable sum is tendered to him to pay the probable expenses of his travelling and maintenance, or, if the summons is not personally served, such sum is paid on his demand by the person at whose instance the inquiry or investigation is held.
13. The amount to which witnesses shall be entitled for such expenses shall be according to the scale allowed to witnesses by the Supreme Court, and the
115
Alienations in certain cases invalid.
Commissioner to inquire into circumstances attending alienation.
May obtain assistance of Native Assessor.
Commissioner may examine witnesses on oath.
Persons not attending or producing documents subject to a penalty of £50.
Mode of serving of
summons.
Witnesses entitled to expenses,
![]() |
4.366 378 |
▲back to top |
116
[1881, No. 17 .] Native Lands Frauds Prevention. [45 VICT.]
Amount may be recovered.
If alienation not invalid Commissioner to give certificate.
Power of appeal.
Proceedings thereupon.
If Commissioner satisfied be shall transmit certificate to Native Minister.
No judgment, &c., to be registered without Order in Council.
Application for order may be renewed.
Saving ordinary jurisdiction of Supreme Court.
Fees.
Rules.
amount thereof shall be fixed by the Trust Commissioner, who shall, as soon as the examination is concluded, give a certificate to the person entitled, setting forth the amount allowed.
If the amount so allowed is not paid, the person entitled thereto may forthwith sue for the same in a Court of competent jurisdiction, and the certificate, on proof of the handwriting thereto of the Trust Commissioner, shall be conclusive evidence that the amount there stated is due to the person in whose favour the certificate is given.
If upon such inquiry as aforesaid the Trust Commissioner is satisfied that the alienation is not invalid, according to the true intent and meaning of this Act, he shall indorse on the principal or only instrument a certificate under his hand to that effect.
No deed or other instrument of alienation shall be registered in any registry of deeds or land without such indorsement.
Any person aggrieved by any act of the Trust Commissioner in relation to the giving or withholding of any such certificate as aforesaid may appeal to the Supreme Court against the decision of the Trust Commissioner, and such appeal shall be made within such time, and in such form, and with such provisions as to notice of appeal and as to the effect of such notice, and shall be beard and determined in such manner, as shall be fixed and provided in that behalf in the rules of procedure hereinafter directed to be made.
If upon the hearing of such appeal the Supreme Court shall be of opinion that the approval of the Trust Commissioner ought to have been withheld or to have been given, as the case may be, the said Court may, by order, prohibit or authorize the proposed alienation, as the case may require, and such order shall have the same force and effect as a refusal or consent, as the case may be, by the Trust Commissioner.
If, on such investigation as aforesaid, the Trust Commissioner is satisfied that the transaction on which any judgment, order, or decree, is founded is not contrary to equity and good conscience, he shall transmit a certificate under his hand to that effect to the Native Minister, to be submitted to the Governor in Council, who thereupon may give such directions or make such orders as he may think fit.
No judgment, order, or decree shall be registered in any registry of deeds or land without an Order in Council authorizing the registration thereof ; and no alienation of land under any judgment, order, or decree, shall be given any effect to by writ or otherwise without such registration.
When an Order in Council authorizing registration has been refused, it shall be competent for any person at any time, and from time to time, to make an application that the case may be reconsidered, and such an order issued.
Nothing in this Act contained limits or interferes with the power of the Supreme Court in its equitable jurisdiction to avoid or set aside any transaction coming within the provisions of this Act on the ground of fraud, or to make such order therein as the said, Court may appear just.
The Governor in Council may, by order in that behalf, fix fees to be paid in respect of any proceedings before the Trust Commissioners under the provisions of this Act, and such fees shall be demandable and payable accordingly.
The Governor in Council may, with the approval of a Judge of the Supreme Court, make, and from time to time alter, revoke, or amend such rules of practice and procedure for regulating proceedings under this Act as to him shall seem fit, and such rules, when published in the New Zealand Gazette, shall have the force of law.
![]() |
4.367 379 |
▲back to top |
[45 Vim.] Native Land Acts Amendment. [1881, No. 18.] 117
23. The undermentioned. Acts are hereby repealed :-
1870, No. 75.—The Native Lands Frauds Prevention Act, 1870.
1873, No. 44.—The Native Lands Frauds Prevention Act Amendment Act, 1873.
Repeals,
1881, No. 18.
AN ACT to supply certain Omissions in Acts relating to Native Land. [24th September, 1881.]
BE IT .ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :-
The Short Title of this Act is " The Native Land Acts Amendment Act, 1881."
The Chief Judge, in the exercise of his duty of hearing applications for rehearing, may, if he thinks it just, order that part of the case, or title to part of the land, should be reheard.
In cases in the, Native Land Court in which the Crown is interested, any deed or contract, or any other document, shall be admissible in evidence, and have due effect given thereto, notwithstanding " The Native Land Act, 1873," or any other law in force to the contrary.
For the purpose of executing instruments, any half-caste who shall on the instrument executed he certified, by any Justice of the Peace holding a commission as such in or out of the colony, to have a thorough knowledge of the English language, shall be deemed to be a person of the European race.
And whereas John Rogan, Esquire, lately a Judge of this Court, has recently signed instruments as a Judge, under the belief that his commission was still in force :
Be it enacted that the signature of John Rogan, up to the date of this Act, as a Judge of the Native Land Court, shall have the effect of and be deemed to be the signature of a duly-appointed. Judge thereof.
It shall be lawful for the Chief Judge to sign any paper or instrument requiring to be signed by a deceased or retired Judge, and his signature shall have the same effect as the signature of the judge for whom he signs ; but he must add to his signature " on behalf of [A.B.], Judge, deceased (or retired)."
MISCELLANEOUS PROVISIONS.
And whereas by an Order in Council dated the twelfth day of January, one thousand eight hundred and sixty-seven, and made in pursuance of "The New Zealand Settlements Act, 1863," and the Acts amending the same, a certain district called the Mohaka and Waikare District was declared to be a district within the provisions of " The New Zealand Settlements Act, 1863:"
And whereas a certain agreement was entered into by or on behalf of the Government of the colony of the one part, and the loyal, claimants to land within such district of the other part, for the settlement of the claims of such persons to land within such district, and such agreement is deposited in the office of the Secretary for Crown Lands :
NATIVE LAND ACTS
AMENDMENT.
Short Title.,
Rehearings may be ordered as to part only of cases.
Contracts with the Crown in respect of Native land to have their full effect.
Execution of instruments by English-speaking half-castes.
Validation of orders signed by a retired Judge.
Chief Judge may sign documents on behalf of retired Judges.
Provisions as to the Mobaka and Waikare District lands,
![]() |
4.368 380 |
▲back to top |
224 [COUNCIL] Reserves Bill. [JUNE 11
1880.] Native Lande Frauds [COUNCIL.] Prevention Bill. 225
made is not passed, arrangements must be made by which the reference will be avoided. Had the reference been made to the Native Land Court Act for the time being in force, instead of to a particular Native Land Court Bill to be passed, the difficulty would have been obviated. It has been pointed out that the interpretation clauses affect land not intended to be affected ; but this and other objeetions appear to be Committee objections. The Bill has to go to a Select Committee, and then to the Committee of the whole Council, and all these objections can be debated there ; but they do not properly arise on the second reading. The principle of the Bill is this : that Native reserves ought to be dealt with in a different fashion from that in which they are now dealt with, and by some person specially appointed to look after them, subject to the jurisdiction of the Native Land Court in some cases. That is the principle of the Bill : whether it is put in the best form is a matter for the Council in Committee to decide. Objection was made that the person to be appointed ought not to hold office at the will of a Minister. But that is not so. The officer is to hold his office during good behaviour, and not at the pleasure of a Minister, the tenure of office being much the same as that of Judges of the Supreme Court, the Auditors, and other persons who are placed beyond the control of the Govern. ment of the day: One honorable gentleman said he was disappointed at the way the Bills had been brought forward. Well, I think the Bills have been brought forward in the way which was most likely to lead to their receiving the fullest consideration ; and here I may say that, of the whole series of these Bills, only two were prepared by myself—the Native Land Court, Bill and the Native Succession Bill. Those are the only two for which I am personally responsible, although, as a member of the Government, I accept my alive of responsibility for introducing all of them for the consideration of Parliament. The one particularly objected to by the honorable gentleman is a Bill of which I wash my hands entirely ; but I was placed in this position : I recognized that a change was absolutely necessary in the state of the law, and I was willing to accept any reasonable proposition which could be made. My opinions of the present mode of dealing with the Native lands, and the mode in which they should be dealt with, are known. I have laid my views before Parliament, but I find they are not acceptable; and therefore I now ask the Council to accept these proposals, because I am satisfied that something must be done to place the law on a better footing than it is on at present. But I at once repudiate the idea that the Bills referred to represent the opinions I hold. I did not draw the Bills ; nor did I see them until they were in print. They do not represent my view of the mode in which Native lands should be dealt wall. But I justify the position I take up in this way : Something must be done, and, as these Bills seem to be in accordance with the direction in which the mind of the Assembly is going, I am quite willing they should be tried, so that we may see whether they will answer or not. The
Hon. Mr. P. A. Buckley was rather severe in hie criticisms ; but what he said has nothing to do with the principle of the Bill, and would have come better when we were in Committee. He I complained of a reference, in one of the. Bills, to the East Coast Act of 1878 ; but I think he might have seen that that - was a misprint for 1868. Certainly the Bill is intended to refer to "The East Coast Act, 1868." Then he said the repealing clause ought to have had some saving effect ; but we passed an Act in 1878, intituled the Interpretation Act, and if my honorable friend will look at that Act he will see that it provides for what is omitted in this Bill. That was an Act brought in by the. Hon. Mr. Stout, and certainly it is a most comprehensive measure of its kind. I must confess that during the time the Interpretation Act was passing through the House I had my misgivings, and suggested that it went too far ; end we have yet to see how it will work. However, the introducer said it was all right, and I took it, to a certain extent, upon trust, and offered no opposition. If my -honorable friend Mr. Buckley will refer to section 16 of that Act, he will find that there is implied a very full saving clause to every repeal, and, as I conceived it would be no advantage to have such an Act if we were to go on repeating the same provisions in every.Act, I did not insert any saving clause in these Bills. But, as I have already said, it appears to me that these are Committee ob]jections. As regard the principle of the Bill, I have not heard a word of dissent, and no doubt honorable members will agree to the second reading. I do not know what my honorable friend opposite (Mr. Wilson) means when he says the Council has not been treated fairly. I repudiate any intention of unfairness, and I am satisfied that when the Council comes to understand these measures—and I am sure they ire not understood at present—the Council will acquit me of doing anything unfair, either intentionally or unintentionally. The simple question is, whether or not the Bills are to, be rejected. If the second reading is carried the result will be that they must necessarily go to the Select Committee which has been appointed under the Standing Orders of the Council, and when we get to that Committee I hope to be able to convince honorable members that the Bills are somewhat in the shape they ought to be. I am not wedded to any particular form of Bill : I am willing, to accept suggestions if I can see that they tend in the direction of improvement ; but I am desirous of getting on with the Bills at once. So far as the proposal to postpone the consideration of them until we get the Bills from the other House is concerned, the other House might, with much more justice, say they would wait for our Bills, and so the wailing might go on till the end of the session. If the Council intends dealing with this Native question at all, it would be well for honorable members at once to make themselves masters of these measures, because, if the Bills go to the other House first, it is certain we shall not have time to sufficiently consider them afterwards.
Bill read a second time.
NATIVE LANDS FRAUDS PREVENTION
BILL.
The Hon. Mr. WHITAKER.—Sir, this measure simply adopts and consolidates what has been done up to the present time, and does not alter the law; but I desire that it may go with the other Bills to the Select Committee, for the purpose of revision. I beg to move the second reading.
The Hon. Colonel WHITMORE.—I have no objection to this Bill being read a second time and going to a Select Committee, and I am glad the honorable gentleman has explained to us the object of the Bill. I only wish he had taken a similar course with respect to the previous Bill the other day. When a Minister introduces a Bill which alters the law of the colony, I conceive it is hie duty to point that out, and also to explain the nature of the alterations, and the reasons for proposing them. That appears to have been the time-honored custom in the Council, and I think it is a practice which is calculated to promote the despatch of business. Had he done that, and corrected the verbal error in the Bill with respect to the title of an Act referred to, and shown for what reason the reference was made, in all probability there would have been no discussion upon the matter. The only objection I had to the Bill was one of detail, and, though other honorable gentlemen expressed stronger views, I do not think they would have done so had the honorable gentleman given us fuller information. As to the present Bill, I do not think it will be opposed. I should like to add that I agree with the honorable gentleman when he saes the other House might fairly object to these Bills coming in piecemeal, and decline to pass any until they had seen all. Of course an unusual course has been followed, and the honorable gentleman must expect to have such criticism in both Houses.
The Hon. Sir F. DILLON BELL.—I think my honorable friend is mistaken in assuming that the Attorney-General has followed an unusual course in respect to these Bille. On the contrary, it is rapidly becoming the custom to divide the work in the same way in the Imperial Parliament. -
The Hon. Colonel WHITMORE.—I said it was unusual here..
The Hon. Sir F. DILLON BELL.—It is found, in the Imperial Parliament, and will be found here, that the work of the session can be got through much quicker by the work being divided; and very often Bills which relate to the administration of justice are, with advantage, introduced into the House of Lords first. Instead of finding fault with the Attorney-General, I think we should be glad to see such a custom adopted here, and I hope it will be adhered to in future years. As to the risk that one Home will not proceed until it knows what the other is going to do, that was supposed to happen also at Home ; but that feeling gave way when the advantage of 'initiating in the House of Lords Bills relating to the administration of justice came to be recognised, and no difficulty of that kind now interposes itself.
on the Native Reserves Bill were made under a misconception as to what Bill was referred-to in the measure we have just read a second time ; and, with the permission of the Council, I will' call the attention of honorable members to a matter I should have referred to during that' debate, had I understood that the Bill referred-to was the Native Land Court Bill. There has been an obvious misapprehension in framing the.:
Bill, because, by the operation of the Interpretation Act, it will deal with a class of land I am. sure there was no intention of bringing within' its scope. That part will require very careful attention when we go into Committee. I am rather surprised that the Hon. Mr. P. A. Buckley should not have remembered the Inter-' pretation Act, because
The Hon. Mr. P. A. 13IICKLEY.—I may ex-' plain that I have not altogether lost eight of the Act ; but I venture to say it is impossible to understand many portions of these Acts.
The Hon. Sir F. DILLON BELL.—No doubt my honorable friend hoe great reason for saying' that, for, although the Bill was much improved' in this Council, it was very difficult to understand some of the legal- phrases contained in it, when it was introduced : at the same time, I must remind the honorable gentleman that, in, almost every instance, these phrases are exact copies of those which occur in dots passed by' the Imperial Parliament with the same object. The Bill before as has not been drawn with desirable exactitude, particularly when we remember that it is a Bill dealing with and repealing existing statutes. If my honorable friend' the Attorney-General will turn to section 6 her will see that it is proposed that "No alienation of land held by any Native under title. derived from the Crown, or under any Act of the General Assembly, is valid if such alienation is contrary to equity and good eonecience.": Now, this is an ex post facto declaration, and. would affect titles to an extent that we can hardly see. The effect of repealing old clauses, and including no saving in respect of inchoate transactions, might make many completed transactions void. I know hundreds of euch cases—many came under my notice when on the West Coast lately—and, if you are going to do that, I do not know where we shall be. In the 11th section my honorable friend will find it is proposed to enact that "No judgment, order, or decree may be registered in any Deeds Registry Office, or in any Land Registry Office, unless the circumstances thereof have previously been investigated by a Trust Commissioner." Of course these words I must be carefully limited to anything which comae within the scope and operation of the Bill itself. I am aware I am subjecting myself to the retort which my honorable friend has made to another honorable gentleman, that these are small matters, mere Committee objections ; but I think that, where words of a large and comprehensive character such ea these ore in-
gelled in a Bill, honorable members are entitled to demand from the Law
![]() |
4.369 381 |
▲back to top |
226 Native Lands Frauds [COUNCIL] Prevention Bill. JUNE 11
1880.] Land [COUNCIL] Transfer Bill. 227
itself in the first instance. I should have called attention to similar words which occur in the Bill we have just read a second time, if I had not already spoken on that day. In that Bill it is provided that not only is the Court to give notice of sitting to the Trustee, but to every agent appointed by him. Obviously that is impossible to be carried out ; and I venture to call the Attorney-General's attention to that point.
The Hon. Mr. WILSON—I understood the honorable gentleman who spoke last to say that in his recent investigations on the West Coast he became acquainted with hundreds of cases where the consideration had been illegal.
The Hon. Sir F. DILLON BELL.—No: I said I knew many such cases there.
The Hon. Mr. WILSON.—I did not gather whether he thinks all these transactions ought to be validated or not.
The Hon. Sir F. DILLON BELL.—Some have been validated by the Frauds Commissioners.
The Hon. Mr. WILSON.—Then those officers have totally neglected their duty. I know that there are some gentlemen who bold strong opinions on this point, and say nothing is more iniquitous than to attempt to disturb innocent purchasers; but I do not think so. I hope the honorable gentleman in charge of the Bill will not consent to any alteration that will protect the holders when illegal transactions have been proved.
The Hon. Dr. GRACE.—I would take the opportunity of observing that that might be all very pretty for the first parties concerned, and might be particularly beneficial to gentlemen in the honorable member's profession ; but what about came in which properties have changed hands? You must not open up large questions of law and title in that way without protecting the interests of all the parties concerned.
The Hon. Sir F. DILLON BELL.—I would beg to be allowed to explain that I was only calling the attention of the Attorney-General to the subject, not expressing any opinion on the policy of the clause.
The Hon. Mr. G. R. JOHNSON.—I thought the honorable gentleman intended to throw out an assertion that no sale of land had ever occurred excepting where there had been an illegal consideration. I would merely wish to refer to something that fell from the Attorney General in reference to what the Hon. Mr. Buckley said respecting the retrospective action of this Bill. In reply to what the Hon. Mr. Buckley said, the Attorney-General referred him to the Interpretation Act, and pointed out that there was a large saving clause in that Act. That, Sir, is the case ; but I would like to ask whether the Hon. Mr. Buckley is still not right in the remarks he made, from his point of view. The Bill which will next come before us for the repeal of certain Acts will repeal those Acts now in existence, and the saving clause will have a certain effect ; but, Sir, there are other Acts we are now passing, under which there are distinct enactments. I should like to know whether these distinct enact do not come into force, general provision of the saving clause in the Act. It seems to me
Hon. Sir F. Dillon Bell
that is a question we ought to consider very carefully now. I should like to get the opinion of the honorable and learned gentleman on the subject, and therefore I wish to draw particular attention to it before it goes into Committee. I would point out that in the Native Succession Bill it seems to me there is a clause which would have a decidedly retrospective action. It is the 3rd, which enacts,—
" In ease any Native has died or shall die without having made a valid settlement of land of or to which be was ached or entitled in any of the cases hereinafter mentioned."
Now, Sir, it does not say all land which he was at the time of his death seised of or entitled to, but refers generally to the holding of that land. It is well known that, in certain parts of the country, lands are held under Crown grants which have been issued — whether rightly or wrongly I am not going to express an opinion—in such a manner as to make the Native grantees joint tenants. In many instances the joint tenancy has been done away with, but in many other case it still remains. I take it that under this clause these cases would at this moment be affected. Lately a case occurred upon the east coast of this Island, in which a gentleman who had purchased a block of land from the Natives —a block held under this joint tenancy—purchased all the shares of the living members. One of the grantees bad died, and it was thought that his was a joint-tenancy share, and bad therefore lapsed, and that. therefore this gentleman's title to the land was complete. He applied accordingly to have it passed under the Land Transfer Act, but was met with the reply that it was doubtful whether this particular share had been held in joint tenancy or tenancy in common, and consequently the Registrar refused to register the land under the Act. The case was then brought before the Supreme Court to compel the Registrar to register that land under the Act, and the decision of the Chief Justice at Wellington was in favour of the gentleman who purchased, and the Registrar was accordingly instructed to place the land under the Act, and it was so placed. I take it that if this 3rd clause is not altered that share would now be revived, and successors appointed ; and that land is registered as the absolute property of this gentleman who purchased it. Consequently, I imagine, the Government of the country would be responsible, and would be obliged to make good whatever loss there might be to this gentleman on account of this retrospective action and the spoiling of his title. I confess that I think it is very advisable, indeed absolutely necessary, that there should be a change in the Native Lands Act. The sooner that is made the better. And I must further say that I think the course of introducing these Bills at the commencement of the session ought to commend itself to us. Since I have been a member of the Council it has hitherto been the practice to introduce Native Land Bills at so late a period of the session that it was impossible to attend to them at ell on account of the pressure of business. We ought, on that account, to assist in every possible way, in order that something may be
done in the amending of the present law. I am sure that, if attention is only paid to those points which have been alluded to by different speakers, there will be a very great improvement in the laws relating to Native lands.
The Hon. Mr. WHITAXER—With regard to the Repeal Bill, the position, as I understand it, is exactly this : that every right which exists up to the present time is preserved absolutely, and for the future everything will have to be done wider then Bills. The gentleman to whom the Hon. Mr. Johnson referred is perfectly safe, because he has got his title under the Land Transfer Act ; and, if any difficulty arises, it is one for the Government to settle. He is absolutely safe, as everybody else would be with a title under the Land Transfer Act. Moreover, I think the saving clause will cover exactly what the honorable member wishes.
Bill read a second time.
LAND TRANSFER BILL.
The Hon. Mr. WHITAKER, in moving the second reading of this Bill, would endeavour to explain to the Council the object of it. He might say at the outset that the object was not, in any way to interfere with the principles of the Land Transfer Act, but to cure what appeared to be some defects in that Act, and to facilitate its working in a more convenient manner. In the first place, the object of the Bill as originally drawn by him was to get rid of the present machinery under which Crown grants Were issued. Some years ago he endeavoured to effect the same object. He was out of the Assembly for a time, and no one took the subject up. His object now was to put the matter in such a position that the inconvenience which now existed in connection with Crown grants would be done away with. At the present time four different copies were made of these Crown grants. The expense was very considerable. Two copies were sent to the Governor for signature, one copy was retained in the office, and the other copy was kept in Dunedin, Christchurch, or wherever it might be. During the year the Governor had been called upon to sign upwards of eight thousand times, and for what purpose and for what object be (Mr. Whitaker) was unable to see. What he proposed to substitute was, that the Governor, in. stead of signing every Crown grant, should have a schedule of lands to be granted presented to him, and should sign a single authority to the Land Transfer Office to issue a certificate for each piece of land therein contained. To a certain extent he hoped also to facilitate parties coming into possession of their titles. He did not propose to abolish Crown grants at once by a direct enactment, but indirectly to get rid of the inconvenience and expense, by authorizing a more convenient and inexpensive mode of obtaining an indefeasible title. Under the new system, certificates of title would be issued within a month, or perhaps a shorter time, after the parties had come into possession of their properties. A great deal of dissatisfaction had been expressed in consequence of the arrears that had arisen in the issue of Crown grants. The arrears in Wellington
amounted to 1,800, in Dunedin to 700, and in Auckland to 470. Most of these arrears could be swept off at once if this Bill were passed. Where all the surveys were complete the certificates could be issued in a month or two at the outside. Besides getting rid of the expense, and the dis-satisfaction that existed in connection with the delay in the issue of Crown grants under the present system, the Governor would be relieved of the trouble of signing eight thousand times ; he thought that probably leas than eighty would be more than sufficient. Those who had been connected with land matters would agree with him that the proposal would be a great improvement on the existing system, and would tend to make the Land Transfer Office still more popular than it was. His object for many years had been to render the transfer of property as simple as possible. In 1860 he got an Act passed, something in the nature of the present Bill—it would be found amongst the repealed statutes of the colony. Every title he possessed had been put under the present Act, and he had advised all his clients to do the same thing. He was quite sure they would render that Act still more popular if they would at once give people certificate, of title direct from the Land Transfer Office, instead of keeping them waiting for Crown grants. This was one of the objects of the Bill. Another object of the Bill had not emanated from himself, but had come from the Registrar-General. A question had been started lately whether or not the restrictive words in the definition of mortgages and incumbrances excluded a number of transactions that were constantly going on, and prevented their being dealt with under the Act. For instance, if a man wanted to borrow £10,000, and could find no one men who was able to land it to him, four or five or even ten might land £1,000 each, and the security be made in the name of a trustee. It seemed to be doubtful whether that would be treated as a mortgage at all, because the Act expressly said that a mortgage should mean for the purpose of securing a debt. In the ease pointed out, the debt was not to himself, but to others for whom the mortgagee was acting as trustee, and it seemed to be doubtful whether that could be treated under the Act as a mortgage, or even as an incumbrance. There was another matter of still more importance which the Registrar-General thought ought to be made clear—namely, where a charge was made for the purpose of securing a current account or future advances. There were a great number of transactions in which security was given by charges of this kind, and no doubt should be allowed to remain on their validity. Therefore the clauses in the Bill in reference to incumbrances were inserted, with the view of obviating all further question on the subject, and he should move the addition of tome word, when the Bill was in Committee, to cover such transactions. This ameudment was suggested by the Registrar-General. Provision was also made in the Bill for the sale by the Registrar of the Supreme Court land in respect to which a mortgage existed. to him that it was convenient very for the mortgagee, and certainly often better for the
![]() |
4.370 382 |
▲back to top |
speech of the honorable member for was
calculated a little doubt into his mind
on the for he not only gave it a political bearing which it did not deserve, but also a bearing of a very disagreeable and unjustifiable nature. The honorable member for Timaru seemed to have great objections to the power given to a single Maori to bring land before the Court, and one would have imagined, from the tone of the honorable gentleman's speech, that the ascertainment of Native title was a mischief in itself. There was this difference in their opinions: that he (Mr. Bryce) thought the ascertainment of Native title was a thing essentially good in itself. He thought that scarcely admitted a doubt or argument. Supposing a single Maori did make application for the ascertainment of title to a block of land in opposition, he would say, to the wishes of a large number of Maoris, it might involve a slight amount of hardship, but the general result would probably be very good. The ascertainment of title was, he believed, good in itself—good for the Maoris, and good in the interests of the country—and it was not right to argue that it was a thing essentially bad. The honorable gentleman argued that a great injury would be done to those who bad not applied, because their title would have been ascertained on the application of single persons. Even in that extreme case, which was not likely to occur, no injury, but rather great good, would be done to the other Maoris. He thought be had noticed all the objection, raised, and he was very much pleased to see the amount of approval with which the Bill was met.
Bill read a second time. On the motion, "That the Bill be committed presently,"
Major TB WHEORO wished to state that he wee willing the House should go into Committee on the Bill presently, because be had a few amendments to propose in it. He thought those who had spoken against the measure should introduce amendments giving effect to their ideas. He would then know what value to attach to the speeches of honorable members. If those honorable members really meant what they said, they should introduce a Bill making provision such as that they were in favour of.
Mr. McDONALD would ask the Native Minister if he intended to provide machinery for subdividing land that had passed under the Acts of 1865 and 1873; because there was no such provision at present in the Bill, and if it was to become law it would be far better to make provision for that, and do away with the existing Native Lands Act.
Mr. BRYCE said he had some clauses prepared for the purpose which the honorable member referred to. They were at present under the consideration of the Law Officers of the Crown, but he expected to receive them very shortly. If be could possibly put them into this Bill, he should do so. It seemed to him that this was a suitable Bill for them. He believed that clauses of that kind ought to be provided for this session, so that it might be possible for the repealing Bill to sweep away the old enactments on the subject.
Bill ordered to be committed presently.
Mr
provisions contained in sections 7 and 8 had not escaped notice as creating charges, although not directly imposed by the Bill, but to be defrayed out of moneys to be hereafter appro-
printed by Parliament. Such provisions were open to objection, as infringing the rights of th House in initiating such charges ; and it won become his duty, on behalf of the House, to object to this practice if it should be adhered An understanding was arrived at a few years ago that clauses of this nature should be exhibited a different type in Bills sent down from the Legis lative Council, so as to indicate that they form no part of the Bill as passed by that Chamber.
IN COMMITTEE.
Clause 12.—Registers to be kept.
Mr. DE LAUTOUR moved, That the following words be added: "Such register shall be kep open to inspection, upon payment of such fees may be fixed by regulation made hereunder."
Question put, "That the words proposed to added be so added ;" upon which a division was called for, with the following result
majority against, 9.
The motion was consequently negatived. Progress was subsequently reported, and leave given to sit again.
NATIVE LANDS FRAUDS PREVENTION
BILL.
Mr. BRYCE, in moving the seoond reading of this Bill, said it also was a non-political Bill, making certain necessary amendments in the present law. He apprehended there would be no opposition to it from any quarter whatever, and therefore he would simply move the second reading of the Bill.
Mr. DE LADTOUR would only wish to call the Minister's attention to one thing in connection with this Bill. In the existing Act it was provided that the Government might make regulations from time to time for the better carrying.out of the intention of the Act. There might be similar power contained in this Bill—he could
say at the moment whether there was or not,
if not there ought to be a provision put into
Bill enabling full publicity to be given to the operations of the Trust Commissioners. At the various Trust Commissioners in the districts adopted different plane of action, In some districts a system had been adopted
which no deed could be certified to except a full week's notice had been given in the of the intention to apply for such certifyi
He was not aware that this practice was
wed in other districts. In fact, in one dieon the East Coast it bad only recently been
The way the Act had operated where safeguard bad not been enacted was in
direction : A European, after a great deal of
completed a negotiation with the Natives
their interest in certain lands. It became
for him to go before the Trust Corn-
and obtain hie certificate before regis-
tration could be accomplished. A European
before the Commissioner, alleging great alleging that, in consequence of the Act
provided that be must first of all pay
money to the Natives and then come to the
and he having obeyed that Act,
would be endangered. Thereupon, notice being given to the parties the certificate of the Commissioner was attached ; when, if there had been full knowledge, and full opportunity for objection being made before him—if good notice had been given in the district—it was morally certain that such certificate would not have been given. Therefore he thought the Government should put a pro. vision in the Bill which would render it necessary to issue regulations under it, rendering it compulsory that the Commissioner should be satisfied, before granting a certificate, that reasonable notice had been published, at the expense of the applicant, in the district in which the land was situated. The whole purpose of the Act would be defeated unless reasonable publicity was given.
Major TE WHEORO would like to say, with regard to this Bill, and especially with regard to that part of it about referring deeds to the Trust Commissioner, that he thought the Maoris should also be able to investigate the legality of transactions brought before the Commissioner. He knew that with regard to transactions in Waikato lands the Trust Commissioner had applied to him for information. A great many of the Natives disposed of their land without understanding what they were doing, while others had executed leases and absolute sales, being thoroughly clear as to what they were doing. When he (Major Te Wheoro) twisted the Trust Commissioner in the Waikato District everything was done to the satisfaction of those interested. Of course in many cases Europeans often held out inducements to Maoris to part with the only land they had. A great many cases of this description had occurred in the Waikato, and great trouble arose. This was before he began to assist the Trust Commissioner in his duties, and his remarks had reference not only to leases but to sales. A great many Maoris parted with everything they had, and it was not until afterwards they discovered that they had no land left. The Commissioner was not supposed to know what land remained in the possession of the Maoris ; the case was simply taken before him, and he decided in the usual way. There were several cases in the district in which the Commissioner had not made the necessary inquiries, and the consequence was that transactions between Europeans and Natives which were confirmed gave rise to a great deal of trouble afterwards. He (Major Te Wheoro) was not appointed under any Act to assist the Commissioner. Ho simply took it upon himself to do so in order to make matters smooth and prevent mistakes, and his action bad been rewarded with very satisfactory results. He thought this showed the necessity that there was for appointing Maoris in each district to assist the Commissioners in their duties, so that every transaction might be placed upon a clear footing. If the Government were willing, he would suggest that Maoris should be appointed, in the manner he bad described, to assist the Commissioners in their duties respecting absolute sales and other dispositions of land, also mortgagee. He knew himself that Commissioners had confirmed the transfer from Na-
|
|
AYRS, 19. |
|
|
Ballauce |
Kenny |
Thomson |
|
Gieborne |
Lundon |
Tomoana |
|
Grey |
Montgomery |
Wallis. |
|
Hamlin |
Reid |
|
|
Harris |
Shepherd |
Tellers. |
|
Hutehison |
Tawhai |
De Lautour |
|
Kelly |
Te Wheoro |
Macandrew. |
|
|
Noes, 23. |
|
|
All wright |
Moorhouse |
Trimble |
|
Bain |
Murray |
Whitaker |
|
Bowen |
Ormond |
Whyte |
|
Bryce |
Richardson |
Wood |
|
Colbeck |
Rolleston |
Wright. |
|
Dick |
Stevens |
Tellers,. |
|
Hall |
Studholme |
MeDonald |
|
McLean |
Swanson |
Wakefield. |
|
|
PAIRS. |
|
|
For. |
|
Against. |
|
Barron |
|
Fulton |
|
Brown |
|
Atkinson |
|
George |
|
Russell |
|
Gisborne |
|
Hunthouse |
|
Lundon |
|
McCaughan |
|
Reeves |
|
Sutton |
|
Shrimeki |
|
Fox |
|
Tole |
|
Masters |
|
Turnbull. |
|
Oliver. |
Majority against, 4.
The amendment was consequently negatived.
Mr. GEORGE moved, That the Charm report progress, and ask leave to sit again.
Question put, "That progress be reported, to leave asked to sit again ;" upon which a was called for, with the following result :—
|
|
Ares, 13. |
|
|
Ballance |
Moss |
Tomoana. |
|
Colbeck |
Speight |
|
|
Grey |
Tainui |
Tellers. |
|
Jones |
Tawhai |
De Lautour |
|
London |
Te Wheoro |
Harris. |
|
|
|
Swanson |
|
|
McDonald |
Trimble |
|
Bryce |
Moorhouse |
Whitaker |
|
Dick |
Murray |
Whyte. |
|
Hill |
Rolleston |
|
|
Hamlin |
Seddon |
Tellers. |
|
Hurst, W. J. |
Sheehan |
Beetham |
|
Johnston |
Studholme |
McLean. |
|
|
PAIRS |
|
|
For, Barron |
|
Against. Fulton |
|
Brown |
|
Atkinson |
|
George |
|
Russell |
|
Gisborne |
|
Hursthouse |
|
Lundon |
|
McCaughan |
|
Reeves |
|
Sutton |
|
Shrimski |
|
Fox |
|
Tole |
|
Masters |
|
Turnbull. |
|
Oliver. |
![]() |
4.371 383 |
▲back to top |
60 Native [HOUSE.] Succession Bill. Native [HOUSE.] Succession Bill. 61.
lives to Europeans without fully inquiring into the circumstances of each case and making their minds clear as to the particulars of it. Many troubles bad arisen in consequence of Com.missioners confirming transfers that bad taken place between parties concerning land in this way : some of the owners signed their names to instruments of disposition, while others did not, and still a Trust Commissioner had given his certificate. This was the cause of a great deal of trouble amongst the owners of the land, and led to their fighting against each other. Hence he asked the Government to agree to appoint Maoris to assist the Commissioners.
Mr. TOMOANA asked the Native Minister whether this Bill was intended to be retrospective or not,Mr. GISBORNE, while approving of the object of the Bill, thought a great improvement might be rnade in regard to these Trust Commissioners. Under the Bill as it stood at present, the Trust Commissioner was constituted a tribunal to decide upon a most important matter—the vali. dity of title ; but there was no provision that be should hold his proceeding; in open Court, or that both parties should appear before him in fact, the whole matter was left. almost entirely to his own discretion. That was so great a defect as almost to affect the principle of the Bill. He would suggest that the Trust Commissioner should be a person who, when necessity arose, should get up the case, and then bring it before the Native Land Court, the Judges of which would then hear the case under the ordinary rules of judicial procedure. He did not like the reference of all these matters to the almost private inquiry of one individual appointed by the Government. It gave him almost a despotic power, while no provision was made or precaution taken against the exercise of that power in an irresponsible and unjust manner.
Mr. BRYCE, in reply, said the honorable member for Mount Ida would see that under the last clause of the Bill the Governor had power to make regulations for the guidance of the Trust Commissioner, and these regulations would include provisions for giving due publicity to all oases to be heard by the Commissioner. In reply to the honorable member for the Eastern Maori District he might say that the Bill would apply to the past as well se the future. It was merely a Bill to continue the powers of the Trust Commissioner, and to take the place of the existiuf law. The honorable member for Totem suggested that the Trust Commissioner bad power to upset the validity of titles, and that that was too great power to intrust him with. The honorable member was mistaken, as the position was this : The Court first ascertained the validity of the titles, and the Commissioner then bad to see that the Maoris did not part with the titles for inadequate or improper considerations.
Bill read a second time.
NATIVE SUCCESSION BILL.
BRYCE, in moving the second reading of this Bill, said it was a non-political measure, to which, be believed, there was no opposition. It
aimed at placing the question of Native on a better footing than it was at present. reason why this subject was not dealt with in Native Land Court Bill was that the Government had determined, in accordance with what he been told was the practice greatly in favour other parts of the world, to separate they parts of the law effecting Native lands, in interests of simplicity, and it was thought the Native Land Court ought to deal with ascertainment of title until the Crown grant issued, and no further. When a Maori died wi out a will, of course, under the English law, would be considerable difficulty in the succession, and this Bill was intended enable a decision to be given as to the success in such caves. He believed this Bill would ran the law simpler than it was at present, and do away .with certain inconsistencies in the law. The Bill was entirely of a non character, and he hoped there would be no op Lion to it.
Mr. McDONALD would like to know if Bill would hare any effect on the succession Maori lands on the East Coast. A great of the Natives on the East Coast held land, joint tenants, and their interest went to the . He would like to know whether the would apply to such cases\_
Mr. MACANDREW would like to know many members of the House had any into gent comprehension of these various Native Bills. He would like to see such Bills refe a Committee of experts who would go and with due deliberation into them, and care consider them. He was sorry that members who were supposed to be well up Native affairs did not take a greater into the subject. He would like to see this ferred to a Select Committee.
Mr. TOMOANA wished to speak on this . His word was, Let the Bill be left ow next year. The reason why he would like td it held over was that there was a law at the present time providing for There were certain Bills whieh the Ma the different district, of this Island were anxiously to see brought forward, and he like to see these Bills brought forward before present one was dealt with. A Bill which particularly referred to was that the honorable member for the Emit Coast McDonald):
Mr. LUNDON thought that under this great injustice would be done to half-caste of Europeans. There were a great such children in Native settlement, who brought up with the Maoris and did not word of English. Like the honorable me for Port Chalmers, he did not understand Bills. He bad read them some weeks ago, had forgotten their provisions since ; but, at the End clause of this Bill, he thought injury would be done to these half-caste to whom he had referred.
Mr. DE LAUTOUR would point out Native Minister that in this Bill he absolet cut off the right of all persons to obtain
bad enough to give them no
a rehearing at all, even in the right of applicants for succession
there ought to be a right of appeal to
that, there was no right to a rehearing.
BRYCE, in reply, said that of course, as honorable member reply, Port Chalmers said,
Bills were difficult to understand, and per-
very few honorable members did understand
Notwithstanding that, it was very neces-
people who knew more about it perhaps than did, that this attempt did not differ very from the existing law on the subject. Inconsistencies were removed by it, but
itself was not essentially altered. The member for the East Coast raised awith respect to the Maoris title on the Coast. He suspected that this Bill would
settle that point, nod it would be very dif- indeed to settle it by any law. He did
this Bill would make that question but it did not settle it. He thought that
should be settled by another Bill, of
he had given notice that day. One reason
these Bills, and which made it
postpone this particular pleasure by the honorable member for the
t Maori District, was that the Govern- were endeavouring to bring down a complete
Native laws with the object of sweeping the old and imperfect laws now exist-
This Bill was intended to amend the
in the existing law ; and, if it were true
it ,
it was, that it did not essentially
existing law, but merely improved it direction of simplicity, he thought there no objection to passing the Bill. With \_ to the question of half-castes which had he was very strongly of opinion that re-enacted what had always been the
with the He took it that they were not to under. the word " Native," a European ; and of half-castes by Europeans, as
of their children by Europeans
to be included in the term " Native,''
very well that they would get into in this question of succession. 01
not included in- this Bill would
the ordinary law which Europeans in this country. This was to Natives and half-castes as
to go ono step further and allow a
be
appeal to the Supreme Court. He thought that would be a very costly procedure, and would cause very expensive litigation to the parties. He did not quite understand how the honorable member made out that the parties were to be abut out from a rehearing. He did not see that they would be quite shut out from any re. hearing,
Mr. DE LAUTOUR said the 47th clause read in this way : "It shall be lawful for any Native who feels himself aggrieved by the decision in any case under this Act." That clearly showed that the right of rehearing would only extend to cases arising out of this Act.
Mr. BRYCE said it could not arise under this Act.
Mr. DE LAUTOUR—Yes, it could.
Mr. BRYCE was not prepared to say bow far that might be so, but he thought it was reasonable that provision should be made for a rehear- ing, although he differed from the honorable member, who thought that provision should also be made for an appeal to the Supreme Court. He thought he had now referred to the only points that had arisen in the discussion of the Bill.
On the motion, "That the Bill be ordered to be committed presently,"
Mr. GISBORNE said that these Native Bills were so interwoven that it wee almost impossible to understand them. Under the Native Laud Court Bill there was the power of rehearing, and under the Native Succession Bill no such power was given. A more complicated state of things could hardly be imagined than that they should have a Bill relating to Native succession pure and simple, as people would suppose, and that the Native Land Court Bill should also contain clauses relating to Native succession.
Mr. MACANDREW did not want to take any prominent part in this matter, but would suggest whether it would not be advisable that these Native Bills should be referred to a Select Committee, so that honorable members might have some intelligent comprehension of their pro-
visions, and know what they were doing. He submitted that, if the House, with its eighty-eight members, went into Committee on these Bills, it would be utterly impossible to discuss them in the same way as a Select Committee, composed of four or five members who had a special know- ledge of these matters, could do. He made this
suggestion in a friendly way, with a desire to do some good in the matter. It was a great pity that they should be asked to agree to Bills of which most honorable members knew nothing, ' and the relative bearings one to another of which they could not comprehend.
Mr. BRYCE quite appreciated the spirit in which the honorable member for Port Chalmers had made his proposal. There was no party I question involved in this matter, and be was sure the honorable member had no other object in
view than to promote good legislation.' He would only point out two things: One was that these
Bills had come down front the other
where they were most carefully a Select Committee such as the honorable gentle-
![]() |
4.372 384 |
▲back to top |
174 N, Lands Frauds [COUNCIL.] Prevention Bill.
1881.] Native Lands Frauds [COUNCIL.] Prevention Bill. 175
AGENT-GENERAL.
The Hon. Mr. WILSON said he understood that further correspondence had taken place between the late Agent-General and the Government, and, if such were the case, it was only right it should be laid on the table. He therefore moved the motion standing in his name.
Motion moved, and question proposed, "That there be laid upon the table copies of any further correspondence which has taken place between the late Agent-General and the Government, in continuation of the correspondence already laid upon the table this session."—(Hon. Mr. Wil-
son.)
The Hon. Captain FRASER said it had been stated that a letter had been received from Sir Julius Vogel, which the Government had sent back to the writer. If that letter, or a copy of it, could be laid on the table without any breach of privilege, he thought it ought to be procured.
Motion agreed to.
NATIVE LANDS FRAUDS PREVENTION
BILL.
The Hon. Mr. WHITAKER, in moving the second reading of this Bill, said it would perhaps be convenient that be should recall to the minds of honorable members what bad taken place last, session in reference to the Native Bills, and also state what course the Government intended to pursue this year ; and be felt it the more desirable he should do so in consequence of an observation made by the Hon. Mr. Wilson on the occasion of the debate on the Address. That honorable gentleman then said, in reference to Native land legislation.
" I see no reference in this Speech, with the exception of one short line, to Native land legislation. His Excellency says a measure will be bid before us 'for amending the existing law in respect of the administration of Native reserves.' Why, last session, it will be in the remembrance of honorable gentlemen, there was proposed, either in this Council or in the other House, quite a mass of legislation in connection with Native matters. Twelve or fourteen measures at least were introduced. There were the Native Lands Frauds Prevention Bill, the Native Land Sales Bill, the Native Succession Bill, the Native Land Court Bill, and others. The Native Land Sales Bill was probably the most important of all, because it inaugurated quite a new system—one to which I should he prepared to accede ; but there were others of great importance, and I should like the honorable gentleman to give us some information as to what is to be done this year. If last session the law was thought to be in so unsatisfactory a condition that twelve or fourteen new Acta were required, what is thought now, seeing that few of those Bills bare yet been passed ?"
It was quite true that last session a number of Bills were brought in together, dealing with the Native land laws, and it was perfectly true that only one Bill was passed ; but there were not, as the Hon. Mr. Wilson said, twelve or fourteen Bills introduced. The honorable gentleman had dealt rather in the language of exaggeration. In
stead of twelve or fourteen Bills being there were about half that number : he the exact number was eight.. Of these, one Bill " passed ; and another became useless because it
a general repealing Act, and could not be because the Acts which were to take the p the Acts it was proposed to repeal were passed. So that in point of fact there were seven Bills introduced. Of these, three w passed by the Council : one became law ; was that of which he now moved the s reading ; and the third was the Native Bill, the second reading of which he proposed move presently. Another of the Bills broght forward last session was the Native Lands St Duty Bill. That was not carried, but it had or was about to be, introduced iu to the other by the Colonial Treasurer, because it was not petent for the Council to initiate such a That accounted for four of the Bills. As two others, he said last session, when introducing them, that they were not drawn by him, that generally he did not agree with them, had assented to their being introduced there was a desire to see if they were in sonance with the feeling of the General Assam Those two Bills were not passed. Each of depended upon the other, the proposals been put into two Bills for the of venience. He had now accounted for all Bills brought forward last session, and he the his honorable friend, when speaking again the subject of Bills being brought forward dropped in large numbers by the should take a little more care to be accurate, by so doing he would save trouble to the Coen and to himself. He might also observe the Native Reserves Bill which had been nounced in the Speech would likewise be troduced, and that made the total of Bills which, had been introduced last .The Native Lands Frauds Prevention Bill, which he was now moving the second had been introduced last session, and had carried in the Council, but did not pass in other House. It was now reintroduced, the,vernment having taken the opportunity of a number of amendments in it which thought desirable. In the first place, be say that, instead of introducing clauses into Bill of last session giving the Commissioner to examine witnesses, that power was conferred a reference to the Commissioner's Powers 1867. But now the whole of the requisite els had been incorporated into the Bill. It was desirable that the Frauds Commissioner she have an opportunity of examining upon oath person who came before him for the setting up one of these Native deeds, sod power was alto given in the Bill of last session reference to the same Act. It was, however, considered that that reference would have been inoperative, and if any person who so come forward had made a false declaration taken a false oath it would have been a great difficulty to prosecute him for The power was therefore now given Bill itself. All the necessary clauses had
Introduced giving power to the Commissioner to examine persons on oath. Another mistake in the Bill of last session, as it seemed to him, was that it threw the whole of the expense of witnesses upon the Crown. Why that should have been done be could not understand. It appeared to him that it was quite proper that the. whole of the cost should be cast upon the persons who came forward for the purpose of the validity of a deed. It was the speciat interest of that person to hare the deed validated, and it was only right that he should provide the necessary expenses. It was quite right, where witnesses came from a distance, that they should be paid, just as was done in every civil case in the Supreme Court, but the expenses of these witnesses ought to be borne by the parties interested, and not by the Government. Therefore the Bill provided that any money required for the purpose of paying witnesses in connection with substantiating the validity of deeds should be borne by the persons who wished to have the deeds validated. Various other ' amendments bad also been introduced into the Dill, which he thought would be found
but it was unnecessary for him now to enter into all the details. Last session the Council had passed a resolution that all Bills of this character were to be referred as a matter of
course to the Native Lands Committee. He had that day obtained the appointment of a and he thought it desirable that this Bill and the Native Succession Bill, of which he would Move the second rending presently, should go to that Committee. After the Committee bad reported to the Council, the discussion upon the proviosion of the Bill could take place. As a matter Of principle the Bill contained nothing new. It very simple in character, and, without interfering
much with the present law, enacted certain
Having explained the intention the Government with reference to these Native for hrim to say more, moving being
judgment or writ should be registered or be rendered capable of being put into operation. He still thought that power should be given, and—as it would appear from the omission of the clause in the Bill that the mind of the Government bad changed—he bad raised the point, so that when the Bill went to the Committee they might have some indication of the general sense of the Council to guide them upon the point before the Bill was read a second time.
The Hon. Mr. WHITAKER said it was quite true that in the Bill of last session there was introduced a clause for the purpose of doing what the Hon. Dr. Pollen had stated ; and, further, he
![]() |
4.373 385 |
▲back to top |
176 Native [COUNCIL.] Succession Bill. [Jun 28
1881.] Native [COUNCIL.] Succession Bill. 177
might say that it was intended that that clause should be contained in the present Bill, but by some accident it had been omitted. He had before him the draft of the bill as it had left his hands, and he found that that draft contained the clause of which the honorable gentleman spoke, but by some means or other it had dropped out. He should have no objection to reinsert it : on the contrary, he thought it was a very right and proper provision.
Bill read a second time.
NATIVE SUCCESSION BILL.
The Hon. Mr. WHITAKER moved, That this Bill be read a second time.
The Hon. Mr. WATERHOUSE said he was inclined to adopt the course followed by the lion. Dr. Pollen, and say a few words upon this Bill with a view to eliciting the sentiments of honorable members as regarded the point to which he should refer, and thereby enabling the Select Committee to whom this Bill would Stand referred to discuss the matter with some knowledge of the feelings of the Council. The Bill, he was ready to admit, was in come respects an improvement upon existing legislation. The principle of the Bill, as honorable members would see, was to leave the succession to Native lane which were not Crown-grunted to follow the course of Native custom, while the succession to lauds which bad been Crown-granted would be decided upon by the Native Land Court ; but, the persons whose names were to be inserted in grants having been decided upon by the Native Laud Court, then the succession to the property would be administered according to the laws which prevailed in regard to the property of Europeans. He could not help thinking that it was far better that the Legislature should leave the whole of these matters to be decided upon by the Native Land Court in accordance with Native custom. If names of Natives were to be inserted in the Crown grant, or in the certificate of title, he could not see any reason why the question should not be entirely decided according to Native usage. It appeared to Lim a matter of necessity that the decision of questions connected with Native succession by European law must work unsatisfactorily to the Maori people. Take, for instance, the case of a woman possessing property in her own right. The title to suceession would, if the land were Crown-granted, be decided, not according to Notice custom, but according to European law. Now, according to European law, the whole of the property of a married woman would in certain cases go to her husband on her death ; but that was quite opposed to Native custom. The property of a Maori woman descended according to well- regulated usage among Maoris, and it would be essentially unjust to those who were living as Maorie, and had been brought up as Maoris, that they should be deprived of the property to which by birth they were entitled. If a woman were married to a
Europese if she were married, whether her
husband a European or a Maori, if the land was held grant on her death, the property would not be administered according to the Native
It seemed to him that such a law was not applicable to the state of the colony, and he thought
the Maoris would have a legitimate subject of I complaint if it were endeavoured to force upon them a system which was so thoroughly to their own systems. There was a further point which might be considered in connection with this subject. He wished to throw out a suggestion, in order that the attention of the Committee and other honorable members might. be directed to the subject. As honorable members were aware, there was a very extensive piece of country held in Porerty Bay under the lauds Act of 1869. The land was Crown-granted, and these Crown grants included a large number of names, and set out that the grantees should hold the land as joint tenants, instead of as tenants in common, as was ordinarily the ease. The result of that had been that when a grantee died hie interest in the land lapsed, and became merged in the surviving grantees. It was admitted that that state of things bad been brought about by inadvertence ; that it bad never been intended that the land should be held under such a titles that. But under that system very great had been inflicted. He had had a conversetion the other day with Judge Hales, who informed him that a great wrong had even done and woe still being inflicted upon the Maoris in that locality through the operation of that law. He had referred to the case of a chief of some` authority who had been a large landowner. His name appeared in one of these grants, and wises he died his children naturally thought that the share their father had possessed would come to them in due course. But what was done? The land passed to the other grantees, and the children of this chief were simply beggars. Mr. Helse assured him that there were other cases of a similar character, and that great injury was sure to arise through large numbers of the Natives being disinherited by the operation of the Act. It seemed to him that while they had this Bill s under consideration they might with great endeavour to deal with the difficulty, and provide, although it might be rather an unusual proceeding, that, where in any land grants the grantees appeared on the face of it as joint tenants, the fact of their being joint tenants should not deprive the children of any one of the grantees who died of the property which otherwise they would inherit. It was a matter of great importance. It had been brought under
his notice by Judge Heise very lately, sad he take he thought the Council would do well to take up the
question of the succession to these lands would be a great boon to the Natives to put tee matter upon a more satisfactory footing.
The Hon. Mr. NGATATA approved of the Hon. Mr. Waterhouse had said with re to Native custom. According to Maori custom a married woman kept possession of her land did not go to her husband ; but now that Crown grants had come into use another was springing up. He knew of cases who number of persons had been included in a grant. One of the grantees might be
grantees instead of descending to her children. That was not in accordance with Maori custom end usage. It was the Maori custom to make a will by word of mouth. When a Native was about to die the relatives were called together, and they were told, "This is for you, and that is for you. In this manner the land was apportioned, the women and children receiving their share, and no one had any power after this of taking the land from them (after a will had been made by word of mouth). The Native people had always -been very particular in the matter of wills made by one another. With regard to the system of joint tenants, he knew of an instance at Te Aro. In the Crown grant were the names of many Natives. Some of the women died whose names were in the grant, and their land was taken by others who had no right to it. Now, this was not in accordnace with former customs and usages. The Hon. Mr. Waterhouse had stated very clearly what the Native custom was. This system of joint tenants had been the cause of much trouble amongst the Native people, where a great many names had been inserted in the Crown grants, and many, especially women, had been deprived of the land, and, although before this the very people to whom the land belonged had apportioned it to those amongst whom it wee to be divided, yet this apportionment had been set aside through the wording of the Crown grant. He approeed of the system with regard to making wills, but he thought wills made by word of mouth should be respected. Of course the majority of Maori wills were by law illegal, but be thought they should be respected nevertheless. He Land nothing further to say than that the Hon. Mr. Waterhouse evidently understood what the Maori customs were.
The Hon. Mr. G. R. JOHNSON said that, in regard to what had fallen from the Hon. Mr. Waterhouse respecting some land held under Crown grant at Poverty Bay, he should like to make some explanation. It was, no doubt, perfectly true that there Crown grants made the grantees joint tenants, and that there were a good number at the present time still joint tenants ; but in these cases the Crown grants were not issued until 1872, although they dated back somewhat. In 1872 he drew the attention of the Council and the Government to the fact that these Natives were joint tenants, and he thought it was in consequence of what he said in a letter which ho addressed to the Government that the Native
Grantees Act of 1873 was passed. Unfortunately he was not in New Zealand at the time that Act was passed, and Land not an opportunity of seeing whather it at all met the case ; but from the de-
since been given under that Act
1869 did away with all joint-tenancies in the case
matter of law, they did not come under the Land Act at all, inasmuch as the land had by\_ the Natives to the Crown, and then
fore this Act of 1869, which was supposed to do away with joint-tenancy, did not do so in these eases. At that time, in reply to a letter which he addressed to the Government, he received au answer containing an extract from an opinion given by the then Attorney-General (the present Chief Justice), in which the question was naked whether legislation was absolutely necessary. He (Mr. Johnson) imagined that was the question, because the answer seemed to be nimed at that, and the reply was that no legislation wan necessary became the joint-tenancy could be done away with by the grantees themselves executing a deed, and that information should be given to the Natives to this effect, so that they might be warned, and that the liability of their shares to lapse on their death should be avoided. The Notices were so warned, but without much effect. It was in consequence of this reply, and also of the legislation which took place afterwards, that the Europeans in that district had acted as they had done. They had dealt with the Natives in leasing and otherwise, and to upset flint now with regard to lands that had been dealt with would certaiely create a very great hardship and he was afraid it would be found, in almost every case where these joint-tenancies existed, that the land had been so dealt with. However, that would be a matter to be looked into when the question came up. He thought it right too to mention the eir-cumatance under which this hardship—and no doubt it was a hardship
originated in the cafe to which the Hon. Mr. Waterhouse referred. He (Mr. Johnson) knew a considerable chief—the one to whom, no doubt, the reference was made—who had claim' to several blocks, and who was repeatedly warned of the danger of his share reverting to the other grantees on his death, and urged to act in the matter. But be declined to do anything of the kind, and he died, and his shares lapsed. At the same time, he (Mr. Johnson) had no doubt that this chief bad land in many other blocks, and he thought it would be found that every Native of importance in that neighbourhood had large claims outside this particular portion of the district referred to. The Natives, as a whole, were very well off there. He admitted there were some cases where men, who were not of high family, bad recklessly sold what they did own, but, in the case of men of importance, he did not think any of them had up to the present time parted with all their land.
The Hon. Mr. WHITAKER, in reply, had a few words to say in reference to the observations of the Hon. Mr. Waterhouse, The Bill, as it stood, was precisely the Bill passed by the Council last year, and none of the Bills which the Council had then under discussion received more consideration than this one. Tho first question raised by the honorable gentleman was then fully discussed, and lie (Mr. Whitaker) thought it was the deliberate opinion of the Council that the Bill should stand in the form it was in at present. The Bill provided that all lar
which pureed through the Native Land and which were held by Natives according to their customs, should he dealt with according to Native
![]() |
4.374 386 |
▲back to top |
258 THE NEW ZEALAND GAZETTE. [No. 17
suance and exercise of the power and authority vested in me by the hereinbefore in part recited Act, do hereby proclaim and declare that the provisions of the said Act shall come into force within the locality or district mentioned and described in the Schedule hereto (the same being the locality mentioned and set forth in the said petition, so presented as aforesaid), and that the same shall be a town district under the said Act; and, in further pursuance and exercise of the said power and authority, I do hereby declare that the said district shall hereafter be known by the name of "The Mosgiel Town District," and I do appoint that the Board of Commissioners for the said district shall consist of six in number.
SCHEDULE.
ALL that area in. the Provincial District of Otago, containing by admeasurement 975 acres, more or less. Bounded towards the North-west by Sections Nos. 10, 9, 8, and 7 of Block VII., Taieri Survey District, a road-line, Sections Nos. 12, 11, and 10 of Block VI.; towards the North-east by Section No. 3 of last-mentioned block, a road-line, and Section No. 9 of Block II.; towards the South-east by Sections Nos. 4 and 5 of last-mentioned block; again towards the North-east by said Section No. 5, a road-line, and Section No. 26 of Irregular Block; again towards the South-east by a closed road-line southeast of Sections Nos. 25, 24, and 23 of said block; towards the South-west by Section No. 22 of said block, a road-line, Sectiona Nos. 3 and 9 of Block III.,
Taieri Survey District, and across a road-line to the most easterly corner of Section No. 3 of Block VII.; again towards the South-east by a read-line to Section No. 5 of said block; and again towards the South-west by said Section No. 5 to the point of commencement, the most southerly corner of Section No. 10 as the same is delineated on the plans deposited in the Survey Office, Dunedin.
Given under the hand of His Excellency the Honorable Arthur Hamilton Gordon, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Her Majesty's High Commissioner for the Western Pacific, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same; and issued under the Seal of the said Colony, at the Government House, at Wellington, this sixteenth day of February, in the year of our Lord one thousand eight hundred and eighty-two.
THOMAS DICK.
GOD SAVE THE QUEEN !
Rules under "The Native Lands Frauds Prevention Act, 1881."
ARTHUR GORDON, .Governor,
ORDER IN COUNCIL.
At the Government House, at Wellington, this
fourteenth day of February, 1882.
Present:
HIS EXCELLIENCY THE GOVERNOR IN COUNCIL.
WHEREAS by "The Native Lands Frauds Prevention Act, 1881," it is enacted that the Governor in Council may, with the approval of a Judge of the Supreme Court, make and from time to time alter, revoke, or amend such rules of practice and procedure for regulating proceedings under the said Act as to him shall seem fit, and such rules, when published in the New Zealand Gazette, shall have the force of law:
And whereas it is expedient that rules of practice and procedure for regulating proceedings under the said Act should be made as and in manner hereinafter set forth:
And whereas the rules in the Schedule hereto have been submitted to and approved of by His Honor Sir James Prendergast, Chief Justice of the Supreme Court of New Zealand, as required by the said Act:
Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby, with such approval as aforesaid, make the following rules of practice and procedure for the purpose of regulating proceedings under the said Act:—
Every application for the certificate of a Trust Commissioner (hereinafter referred to as the "Commissioner ") shall be made, by or on behalf of the person or persons acquiring interest under the alienation which is to be the subject of the certificate, in the Form A in the Schedule attached hereto, or to the like effect.
Unless the person so acquiring interest, or his solicitor or agent, and the Natives alienating land under the said deed, or other person capable of giving evidence as to the transaction, is examined personally on oath before the Commissioner, they or he. shall make and forward to the Commissioner, before. the Commissioner shall affix his certificate to the instrument evidencing such alienation, statutory declarations to the form or effect set forth in the Forms B and C in the Schedule hereto.
No Commissioner shall inquire into any alienation unless all stamp duties payable on the deed or deeds evidencing such alienation, and on the declaration or declarations forwarded to the Trust Commissioner in support of the same, have been paid, and the instrument evidencing the same has been apparently executed in accordance with the provisions of the Acts for the time being affecting the execution of instruments by Natives.
If the Commissioner shall be of opinion that, in order to make the inquiries required by the said Act, it is, necessary for him to proceed to any distance from his office or residence, or in any way incur any travelling or other expenses, he shall not proceed further with the inquiry until the estimated amount of such expanses has been paid to him by or on behalf of the applicant, and an undertaking entered into to pay the balance, if any.
Summonses to witnesses shall be in the Form D, or to the like effect.
If the Commissioner shall for any special reasons think it desirable so to do, he may decline to proceed further with the inquiry or to grant his certificate unless and until a notice of the application, in a form to be approved by the Commissioner, either in English or Maori, or both, shall have been inserted, in such papers or Gazettes, and for such number of times, as the Commissioner shall think fit.
Any person claiming any interest in the Native land or the interest therein which is the subject of the alienation for which a certificate is applied for, may, at any time before the certificate is granted, lodge with the Trust Commissioner notice of objection to the same being granted, which shall be in the form or to the effect set forth in Form E in the Schedule; but the Commissioner shall not admit the soundness of such objection without giving the applicant; or the person acting for him, notice of such objection, and an opportunity of answering or removing it.
If any Commissioner to whom any deed has been forwarded for his certificate shall be of opinion that the inquiry as to such case, for any reason what.
![]() |
4.375 387 |
▲back to top |
FEB. 16.] THE NEW ZEALAND GAZETTE. 259
ever, could be more satisfactorily made before another Commissioner, he may forward the application or deed to such other Commissioner, who shall thereupon deal with the same.
The Commissioner shall in no case affix hie certificate to any instrument until after the expiration of five days from the day on which he has given his decision to affix the same.
Any person aggrieved by any act of any Commissioner as to the giving or withholding any certificate which he is authorized to give tinder the said Act shall, if he intends to appeal against the decision of the. Commissioner, within five clear days after the day on which such decision shall be given, deliver to the Commissioner a Statement in writing, signed by him, his counsel, solicitor, or agent, containing the grounds of his dissatisfaction, and notice of his intention to appeal against such decision.
A duplicate of such notice must also be delivered by the appellant to every person interested in the proposed alienation.
In the event of any notice being given of intention to appeal, as provided in Rule 10, the Trust Commissioner shall not indorse his certificate on any instrument of alienation until the final order of the Court in the matter of the appeal: Provided that, if such appeal be not duly prosecuted within the periods hereinafter prescribed, the other parties interested in the alienation may require the Commissioner to indorse such certificate in accordance with his previous decision, which he shall be at liberty to do.
13. Where the facts are not in dispute, but the decision of the Commissioner is alleged to be erroneous in, point of law, such appeal shall be in the form of a case, to be agreed on by the party appellant and by the other parties interested in the proposed alienation (hereinafter termed "the respondents"); and, if such parties cannot agree, the Commissioner shall settle the case and sign it.
14. All cases on appeal shall be presented to the Commissioner for his approval and signature not later than fourteen days from the day on which the decision was given, and shall then, or as soon afterwards as the case shall be approved, be signed by the Commissioner; and when so signed one copy thereof shall be left with the Commissioner, and another copy thereof shall be given to the respondents, or to such of them as the Commissioner shall direct, within three days, or as soon afterwards as shall be practicable, next after the signing of the case.
15. The appellant shall, within seven days after the case is signed, or as soon thereafter as shall be practicable, transmit the case signed by the Commissioner to the nearest Registrar of the Supreme Court within the judicial district in which at the time of such decision the Commissioner may have been sitting.
16. If the facts be disputed, then the appeal shall be heard at a time and place to be appointed as hereinafter provided; but it shall not be lawful for the appellant, on the hearing of any appeal, to go into or give evidence of any. ground of appeal which shall not have been set forth in the notice of appeal.
When a case has been settled as before provided, and at any time after notice of appeal has been given, where it is not necessary to settle a case, the appellant may apply, in Chambers, to a Judge of the Supreme Court to fix the time and place when the appeal shall be heard or argued.
Notice of the time and place so fixed shall be given by the appellant to the respondents, or such of them as shall have had notice of appeal served upon them.
The appeal shall be heard or argued in open
Court at the time and place so fixed by the judge as aforesaid, or on such other day as the Judge of the Supreme Court may appoint for the hearing or argument. The Supreme Court is hereinafter referred to and included in the expression "the Court."
The Court, if it think fit, shall have power to cause the case to be sent back for amondment; and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended.
No objection shall be allowed on account of any defect in the form of setting forth any ground of appeal in the notice of appeal, unless the Court shall be of opinion that such ground of appeal is so incorrectly or imperfectly stated as not to enable the party receiving the same to inquire into the subject of such statement and to prepare for trial; and in any such case the Court may make such order for amendment or postponement, on such terms as to payment of costs, as to the Court shall appear just and reasonable.
If upon the heating of any appeal the Court shall be of opinion that the approval of the Commissioner ought to have been withheld, or have been given, as the case may be, the Court may, by order, prohibit or authorize. the proposed alienation as the case may require; and such order shall have the same force and effect as a refusal or consent, as the case may be, by the Trust Commissioner.
When the Court has pronounced judgment, either party may deposit the original order of the Court, or an office copy thereof, with the Commissioner whose decision shall have been appealed from, and shall within forty-eight hours thereafter serve or transmit a notice thereof upon or to the other party.
Upon any appeal the Court may make such order as to costs, and the party or parties by whom the same shall be paid, as to it may seem fit; and all such orders shall be final and conclusive on all parties: Provided that no Commissioner stating a case in pursuance of these regulations, or whose decision may have been appealed from under the said Act, shall be liable to any costs in respect or by reason of such appeal against his decision.
The coats to be allowed upon appeal in the Court shall be taxed by the Registrar of the Court, Whose certificate shall, subject to review by the Court or a Judge thereof, be final.
All orders of the Court made upon the hearing of any such appeal, or for the. payment of costs by one of the parties to the appeal to the other of such parties, or as the ease may be, shall and may be enforced in like manner as orders of the Court in its ordinary jurisdiction are enforced.
SCHEDULE.
A.
FORM OF APPLICATION TO TRUST COMMISSIONER.
To , Trust Commissioner.
I HAVE the honor to request you to make the inquiries directed by "The Native Lands Frauds Prevention Act,1881," in respect of the deeds mentioned in the Schedule at the foot hereof.
I have the honor to be,
Sir,
Your obedient servant,
Date of Deed.
Nature of Deed.
Names of Natives Aliensting.
Names of Persons Acquiring Interest under the Alienation:
Land Affected.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
![]() |
4.376 388 |
▲back to top |
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML> <HEAD> <META HTTP-EQUIV="Generator" CONTENT="OmniPage Pro 15 - http://www.scansoft.com"> <META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=UTF-8"></HEAD></HTML>
![]() |
4.377 389 |
▲back to top |
686 THE NEW ZEALAND GAZETTE. [No. 45
Trustee appointed for Manutahi Oemetery.
ARTHUR GORDON, Governor.
IN pursuance and exercise of the powers and authorities vested in me by the fourth section of "The Cemeteries Management Act, 1877," I, Arthur Hamilton Gordon, the Governor of the Colony of Now Zealand, do hereby appoint
PETER CAMPBELL, Esquire,
to be a Trustee, in place of Thomas Bayly, who has left the district, to provide for the maintenance and care of the Manutahi Public Cemetery, in conjunction with the other persons appointed by warrant under the hand of His Excellency the Governor on the nineteenth day of August, one thousand eight hundred and seventy-eight.
As witness the hand of His Excellency the Governor, this fourth day of May, one thousand eight hundred and eighty-two.
THOMAS DICK,
(for the Minister of Lands.)
Trustees appointed for the Maintenance of Eketahuna
Publics Cemetery.
ARTHUR GORDON, Governor.
IN pursuance and exercise of the powers and authorities vested in me by the second section of "The Cemeteries Management Act, 1877," I, Arthur Hamilton Gordon, the Governor of the Colony of New Zealand, do hereby appoint the several persons whose names are specified in the first column of the Schedule hereto to be Trustees to provide for the maintenance and care of the public cemetery specified in the second column of the said Schedule.
SCHEDULE.
|
Name of Trastees. |
Name of Public Cemetery, and Deseription of Land. |
|
Magnus Neilson. Anders Olson. Nis Lund. Bernt Syversen. Thomas Baleys. |
EICIII.LEUNA. All that parcel of land in the Provincial District of Wellington, containing by admeasurement 9 acres and 3 perches, more or less, being part of Section No. 40, Block VI., Mangaone Reserve. Bounded towards the North-west by Sections No. 14 and 16, Eketahuna, 1900 link; towards the East by other portion of Section No. 40, 1319 links; and towards the South by a road-line, 1867 links; be all the aforesaid linkages more or less. |
As witness the hand of His Excellency the Governor, this sixth day of May, one thousand eight hundred and eighty-two.
WM. ROLLESTON,
Minister of Lands.
Trustees appointed for the Maintenance of Ngatimoti
Public Cemetery.
ARTHUR GORDON Governor.
IN pursuance and exercise of the powers and authorities vested in me by the second section of "The Cemeteries Management Act, 1877," I, Arthur Hamilton Gordon, the Governor of the Colony of New Zealand, do hereby appoint the several persons whose names are specified in the first column of the Schedule hereto to be Trustees to provide for the maintenance and care of the public cemetery specified in the second column of the said Schedule.
SCHEDULE.
As witness the hand of His Excellency the Governor, this fourth day of May, one thousand eight hundred and eighty-two.
THOMAS DICK,
(for the Minister of Lands.)
Deputy-Registrar of Marriages, &c., appointed.
Colonial Secretary's Office,
Wellington, 6th May, 1882.
HIS Excellency the Governor has been pleased to appoin
ALEXANDER LECK, Esq.,
to be the Deputy of the Registrar of Marriages and of Births and Deaths for the District of Port Chalmers.
Thomas DICK.
Public, Vaccinator appointed, Hawera and Inglewood
Districts.
Colonial Secretary's Office, Wellington, 1st May, 1882.
HIS Excellency the Governor has been pleased.to appoint
JOHN SMITH, Esq., L.F.P.S. Glasg.,
to be a Public Vacinator, under " The Public Health Act, 1876," for the Hawera and Inglewood Districts.
THOMAS DICK.
Trust Commissioners appointed.
Native Office,
Wellington, 3rd May, 1882.
H IS Excellency the Governor has been pleased to appoint
FRANCIS DART FENTON, Esq.,
FREDERICK MORRIS PRESTON BROOKFIELD, Esq.,
EDWARD MARSU WILLIAMS, Esq.,
EDWARD WALTER PUCKEY, Esq.,
LAUGHLIN O'BRIEN, Esq.,
SAMUEL DEIGHTON, Esq., and
JOHN EDWIN MACDONALD, Esq.,
to be Trust Commissioners under "The Native Lands Frauds Prevention Act, 1881."
JOHN BRYOE.
Letters of Naturalisation issued.
Colonial Secretary's Office,
Wellington, 8th May, 1882.
HIS Excellency the Governor has been pleased to issue Letters of Naturalisation, under "The Aliens Act, 1880," in favour of the under-mentioned persons, viz.:—
|
Names of Trustees. |
Name of Public Cemetery, and Description of Lend. |
|
John Brereton. John Cornwell McGavoston. Alexander O'Brien. John William Sutcliffe. Thomas Thomason. |
NGATIMOTI. All that piece or parcel of land containing by 2 acres and 20 perches, be the same more or less, being Section No. (part of) 42, Square No. 3, on the plan of the Land District of Nelson, and bounded as follows: On the Northward, 107 links by a public road; on the Eastward and Southward by the Waiwhere Stream and on the Westward, 845 links, by the other part of Section No. 42. |
![]() |
4.378 390 |
▲back to top |
JUNE 1.] THE NEW ZEALAND GAZETTE. 791
|
Committee. |
District. |
|
Stapylton Cotton Caulton John Clark Charles William Ferris William King Charles Weatrup Edward Knight Brown Henry Lewis Michael Joseph Gannon Samuel Sterenson Willam Clarke Geore Rutherford John Davies Enys James Porteous Barr Herbert John Mathias James Archibald Mellraith William Irwin John Hamilton Cuthbert Cowan John Shand John Thomson, jun. Cuthbert Cowan Thomas Blank John McLeod Walter Southern Charles Bowtell William Hogan John White Thomas Murphy James Gardner Richard Bellinger |
Gisborne. Borough of Gisborne.
Winton. Oreti. Wairio. |
C. J. A. HASELDEN,
(for the Under-Secretary.)
Trust Commissioner appointed.
Native Office,
Wellington, 29th May, 1882.
HIS Excellency the Governor has been pleased to appoint
HARRY KENRICK, Esq.,
to be a Trust Commissioner under "The Native Lands Frauds Prevention Act, 1881."
JOHN BRYCE.
Cadets in Survey Department appointed.
General Survey Office,
Wellington, 26th May, 1882.
HIS Excellency the Governor has been pleased to appoint
THOMAS KIRKPATRICK THOMPSON and EARNEST FELTUS ADAMS
to be Cadets in the Survey Department of New Zealand; the appointments dating from the 8th and 10th May respectively.
WM. ROLLESTON,
Minister of Lands.
Governor of Whangarei High School appointed.
Education Department,
Wellington, 31st May, 1882,
PURSUANT to section 4 Of "The Whangarei High School Act, 1878," His Excellency the Governor has been pleased to appoint
FINLAYSON SMITH, Esq.,
to be a Member of the Board of Governors of the Whangarei High School, vice G. E. Alderton, Esq., resigned.
THOMAS DICK:
Adjutant to Thames Volunteer District appointed.
Defence Office,
Wellington, 31st May, 1882.
HIS Excellency the Governor has been pleased to appoint
JOHN GRANT
Thames Rifle Rangers, to be Adjutant for the Thames Volunteer District, from the 1st February, 1882.
JOHN BEYCE.
Volunteer Officers resigned.
Defence Office,
Wellington, 31st My, 1882.
HIS Excellency the Governor has been pleased to accept the resignation of the commissions held by the under-mentioned officers :—
Palmerston North Volunteers.
Captain George Matthew Snelson.
Sub-Lieutenant Benetto Louis Pirani.
JOHN BRYCE.
Letters of Naturalisation issued:
Colonial Secretary's Office,
Wellington, 23rd May, 1882.
HIS Excellency the Governor his been pleased to issue Lettere of Naturalisation, under "The Aliens Act, 1880," in favour of the under-mentioned persons, viz.:—
|
Name. |
Occupation. |
Residence. |
|
Taoi Yung ... ... Siy Chung ... ... Christian Christiansen Bonde |
Machinedriver Merchant ... Farming contractor |
Skipper's Reef. Dunedin. Waipukurau. |
THOMAS DICK.
Despatch.—Tinned Provisions.
Colonial Secretary's Office,
Wellington, 31st May, 1882.
THE following despatch, received from Her Majesty's Principal Secretary of State for the Colonies, id republished for general information.
THOMAS DICK.
(Circular.)
Downing Street, 15th August, 1881. SIR,—I hive the honor to transmit to you, for publication in the colony under your Government, a copy of a circular issued by the French Government, containing regulations with regard to the importation into France of provisions in soldered tins.
I have thought it advisable to send copies of this circular to all colonies, so that these Colonies which do not export, but may import provisions in may be aware of the opinion expressed by the French Government with regard to tins soldered in the manner described.
I have, &c.,
KIMBERLEY.
The Officer Administering the Government of New Zealand.
[TRANSLATION.]
Paris, 28th August, 1880, THE attention of the Department of Commerce has been called to the dangers which consumers may incur from the use of food-substances enclosed in tins the soldering of which has been effected On the inside, and which are made of metals not coated with pure tin.
The Consulting Committee on Public Health, to whom the question has been submitted, has recognized that there is, in fact, serious inconvenience to, the public health in allowing to be used as food substances which, owing to their contact with solders, or with surfaces covered with alloys containing lead, may
![]() |
4.379 391 |
▲back to top |
1358 THE NEW ZEALAND GAZETTE. [No, 100
day of October, one thousand eight hundred and eighty-three, until the thirty-first day of March, one thousand eight hundred and eighty-four, but only between the hours of five o'clock in the morning and ten o'clock in the evening.
3. Licenses to fish with rod and line in the said waters will be issued under the hand of the Secretary of the South Canterbury Acclimatisation Society, at Timaru, and for every license a fee of twenty shillings will be charged.
No license shall authorise any person other than the person named therein to fish, and that only with rod and line.
Any person fishing without a license, or any person who shall, on demand of any person holding and showing a license, or on the demand of any police officer or constable, fail to produce and show to such person, police officer, or constable his license, shall be liable to a penalty not exceeding twenty pounds.
All trout not exceeding seven inches in length taken by any person fishing as aforesaid shall be immediately returned alive to the water; and any person convicted of infringing this regulation shall be liable to a penalty not exceeding twenty pounds sterling, and his license shall thereupon become void.
7. Except as aforesaid, no person shall fish or use any net or other engine, instrument, or device for taking fish in any river, stream, or lake within the Counties of Waimate and Geraldine; and all persons offending against this regulation shall be liable to a penalty not exceeding fifty pounds.
8. Any person who puts, throws, or places, or allows to be put, thrown, or placed, into any river, stream, or lake in the said Counties of Waimate and Geraldine any dynamite or other explosive substance, or any matter or liquid deleterious to fish, shall be liable to a penalty not exceeding one hundred pounds.
As witness the hand of His Excellency the Governor, this twenty-seventh day of September, one thousand eight hundred and eighty-three.
THOMAS DICK,
Colonial, Secretary.
Conditions for Trout-fishing in Waitaki.
WM. F. DRUMMOND JERVOIS,
Governor.
IN pursuance of the powers and authorities vested in him by "The Salmon and Trout Act, 1867," His Excellency
the Governor of the Colony of New Zealand cloth hereby make the following regulations for the County of Waitaki:—
Any holder of a license may fish with rod and ine for trout in all the streams and lakes within and forming the boundaries of the County of Waitaki from the firs day of October, one thousand eight hundred and eighty-three, to the thirty-first day of March, one thousand eight hundred and eighty-four, both inclusive.
Licenses to fish with rod and lino in the above district will be issued under the hand of the Secretary of the Waitaki County Acclimatisation, Society, at Camara, and for every license a fee of twenty shillings will be charged.
No license shall authorise any person other than the person named therein to fish, and that only with rod and line.
Any person fishing without a license, or any person who shall, on demand of any person holding and showing a license, or on the demand of any ranger, police officer, or constable, fail to produce and show to such person, ranger, police officer, or constable his license shall be liable to a penalty not exceeding twenty pounds.
All trout not exceeding seven inches in length taken by any person fishing as aforesaid shall be immediately returned alive into the water, and any person convicted of infringing this regulation shall be liable to a penalty not exceeding twenty pounds sterling, and his license shall thereupon become void.
Except as aforesaid no person shall fish or use any net or other engine, instrument, or device for taking fish in any lake, river, or stream within the above district; and all persons offending against this regulation shall be liable to a penalty not exceeding fifty pounds.
Any person who puts, throws, or places, or allows to be put, thrown, or placed, into any lake, river, or stream in the said district any dynamite or other explosive substance, or any matter or liquid deleterious to fish, shall be liable to a penalty not exceeding one hundred pounds,
These regulations shall, come into force as from the date hereof.
As witness the hand of His Excellency the Governor, this twenty-seventh day of September, one thousand eight hundred and eighty-three.
THOMAS DICK,
Colonial Secretary.
Appointment in Survey Department.
General Survey Office,
Wellington, 17th September, 1883.
HIS Excellency the Governor has been pleased to appoint.
ARTHUR ROBERTON PERSTON
to be a Cadet in the Survey Department of New Zealand, the appointment dating from the 11th instant.
WM. ROLLESTON,
Minister of Lands.
Auditor of the Taranaki Farmers' Co-operative Association
(Limited), appointed.
Head Office, Stamp Department,
Wellington, 19th September, 1883.
HIS Excellency the Governor has been pleased to appoint
J. C. DAVIES, Esq.,
of New Plymouth, to be Auditor of the affairs of the Taranald Farmers' Co-operative Association (Limited), under the provisions of section 91, Table A., of "The Companies Act, 1882."
H. A. ATKINSON.
Gaolers appointed at Nelson and Wanganui.
Prisons Department.
Wellington, 27th September, 1883.
HIS Excellency the Governor has been pleased to make the following appointments :—
FRANCIS E. SEVERNE
to be Gaoler, Nelson, vice Robert Shellcraes;
RALPH MCNISH
to be Gaoler, Wangenui, vice Thomas R. Pointon.
The above-named to be third-class gaolers, with rank and pay of principal warders of first-class gaols.
EDWD. T. CONOLLY.
Trust Commissioners appointed.
Native Office,
Wellington, 27th September, 1883.
HIS Excellency the Governor has been pleated to appoint
The Honourable THEODORE MINET HAULTAIN,
HARRY KENRICK, Esq.,
HERBERT WILLIAM BRABANT, Esq.,
JAMES BOOTH, Esq.,
GEORGE AUGUSTUS PREECE, Esq.,
ALEXANDER MACKAY, Esq., and
CHARLES EDWARD RAWDON, Esq.,
to be Trust Commissioners under "The Native Lands Frauds Prevention Act, 1881," from the 1st day of October, 1883. JOHN BRYCE.
Appointment to Unattached List of Volunteer Officers.
Defence Office,
Wellington, 25th September, 1883.
HIS Excellency the Governor has been pleased to place
JOHN MCOARTNEY,
late Captain of the late Portobello Rifle Volunteers, on the unattached list of Majors of the Volunteer Force.
JOHN BRYCE.
Appointments and Promotions of Volunteer Officers.
Defence ,Office,
Wellington, 25th September, 1883.
HIS Excellency the Governor has been pleased to make the under-mentioned appointments and promotions:—
H Battery of Artillery.
Thomas Martin Wimsett to be Lieutenant. Date of commission, 15th September, 1888.
Nelson City Rifle Volunteers.
Sub-Lieutenant Thomas Rowlings to be Lieutenant. Date of commission, 1st January, 1883.
Petons Naval Artillery Volunteers.
David Buick to be Lieutenant.
Fenwick Williams Pasley Jackson to be Lieutenant. Date of commissions, 29th August, 1883.
Greytown Rifle Volunteers.
Alexander Lowe Webster to be Lieutenant. Date of commission, 11th September, 1883. .
JOHN BRYCE.
![]() |
4.380 392 |
▲back to top |
SEPT.27.]
THE NEW ZEALAND GAZETTE.
1889
Resignation of Volunteer Officer.
Letters of Naturalisation issued.
Defence Office,
Wellington, 25th September, 1883.
HIS Excellency the Governor has been pleased to accept the resignation of the commission held by the under-mentioned officer :—
Cromwell Rifle Volunteers.
Honorary Surgeon Mules Aitken Staopoole,
JOHN BRYCE.
Disbamdment of cadet Volunteer Corps.
Defence Office,
Wellington, 25th September, 1883.
HIS Excellency the Governor has been pleased to disband, at their own request, the under-mentioned corps:— The Auckland Grammar School Artillery Cadet Volunteers. The Invercargill (Untied School Artillery Cadet Volunteers.
The under-mentioned, gentleman therefore ceases to be an officer in the Volunteer Force, his commission, having lapsed under " The Volunteer Act, 1881 ";—
John Gurr, late Captain, Invercargill Central School Artillery Cadet Volunteers.
JOHN BRYCE.
Appointments of Trust Commissioners cancelled.
Native Mee Wellington,. 27th September, 1888.
HIS Excellency the Governor has been pleased to caneel. the appointments held by Alexander Mackay, Esq.,
The Honourable Theodore Minet Haultain,
James Booth; Esq.,
George Augustus Preece, Esq., Charles Edward Rawson, Esq., Lowther Broad, Esq.,
William Horton Revell, Esq., Caleb Whitefoord, Esq..
Joseph Beswick, Esq.,
Justin Aylmer, Esq.,
Aldborough Stratford, Eaq., Joseph Giles, Esq.,
Frank Bird, Esq.,
John Nugent Wood, Esq., Richmond Beetham; Esq.; Jackson Keddell, Esq.,
Edgar Hall Carew; Esq.,
Henry McCulloch, Esq., . John Ollivier, Esq.,
William Gibbs, Esq.,
James John Turnbull, Esq., .. Henry. Wirgman Robinson, Esq., Prawns Dart Fenton, Esq., William Gilbert Mair, Esq.,
Frederick Morris Preston Brookfield, Esq.,
Edward Marsh Williams, Esq., Edward Walter Puokey, Req., Laughlin O'Brien, Esq., Samuel Deighton, Esq.,
John Edwin Macdonald, Esq., and Harry Kenriok, Esq.,
as Trust Commissioners under " The Native Lands Frauds Prevention Act, 1881," as from the 29th day of September, 1888.
JOHN BRYCE.
Application for Registration of a Trade Mark.
Colonial secretary's Office;
Wellington, 25th September, 1883.
NOTICE is hereby given that the Manager of KEMPTHORNE, PROSSER, AND Co's New Zealand Drug Cord-pony (Limited), at Wellington, in the Colony of New Zealand, has applied on behalf of HENRI PAIN, of Westport, in the said colony, Cordial Maker, to register under " The Trade Marks Act, 1868," the trade mark of which the following is a description, viz.:—
Description of Trade, Mark.
The figure of a knight in armour, with a battle-axe uplifted, and mounted on a horse.
Nature of the Articles to which it is intended such Trade
Mark shall apply.
Cordials.
THOMAS DICK,
colonial Secretary and Registrar of Trade Marks.
Colonial Secretary's Office,
Wellington, 18th September, 1888.
HIS Excellency the Governor has been pleased to issue-Letters of Naturalisation, under " The Aliens Act, 1880," in favour of the under-mentioned persons, namely :—
|
Name. |
Occupation. |
Residence. |
|
'Ham Kim Hong |
Gardener .. |
Westport. |
|
Gustav Heinrioh Wilhelm |
Government |
Wellington. |
|
Carl Poll |
Messenger |
|
|
Rudolf Louis Arnoldt |
Labourer .. |
Danevirk. |
|
Mauritzen |
|
|
|
Joseph Donghi . . |
Platelayer .. |
Te Aute. |
|
Charles Larsen .. |
Labourer .. |
Maurioeville, |
|
Anton Hinz .. |
Farmer .. |
Inglewood. |
|
August Friedrich Knoff look |
Farmer .. |
Inglewood.. |
|
Johann Boldt .. . |
Farmer .. |
Inglewood. |
|
|
THOMAS DICK, | |
Bonuses on Colonial Industries.
Colonial Secretary's Office,
Wellington, 2nd February, 1883.
NOTICE is hereby given that the following bonuses will be paid on articles produced in the Colony of New Zealand, as under :—
SILK.
A bonus of fifty per cent. on the value realized for the first
thousand` pounds' (£1,000) worth of of the silkworm,
or silkworms' eggs, produced in the Colony, to be paid on
quantities of not less value than fifty pounds (£50) nor more
than one hundred pounds. (£100) produced by any one person.
MANGANEISEN AND MANGAESE-BRONZE.
A bonus of five hundred pounds (£500) will be given for the first two thousand five hundred pounds' (£2,500 worth of manganeisen, and a similar bonus for a like amount of manganese-brenze, produced in the colony from New Zealand ores, and sold at a fair market price in a foreign market.
MARBLE.
A bonds of three hundred pounds (£300) will be given for the first fifteen hundred ppoounds (£1,500) worth of New Zealand marble exported from the colony, and sold in a
foreign market at a price of not less than 9s. per cubic foot.
ANTIMONY.
A bonus of five, hundred pounds (£500) will be given for the first 250 tons of antimony regulus produced in the colony from New Zealand ores, and sold at a fair market price in a foreign market.
Conditions.
1. Notice of intention to claim any of the above bonuses must be given in Writing to the Colonial Secretary not later than the 81st December, 1993
2. The claim must be made before the 30th June, 1884.
3. The first claimant of any bonus who proves to the satisfaction of the Government that he has fulfilled all the conditions to be the recipient of the bonus.
4. The other conditions as to quantity, priority, quality, and value to be fulfilled to the satisfaction of an officer appointed for the purpose by the Government.
Further information and particulars may be obtained by application at the Colonial Secretary's Office.
WROUGHT-IRON.
A bonus of one thousand pounds (£1,000) will be given for the production in New Zealand, by a direct process, of 200 tons of "iron blooms," of marketable quality, from ore pro. duced in New Zealand.
Conditions.
The bonus not to be given for any quantity less than 100 tons.
Notice of the intention to erect ironworks and claim the bonus must be given to the Colonial Secretary before the 31st December, 1883.
3. The bonus must be claimed before the 31st December, 1884.
4. In the event of more than one claimant giving such notice, not more than seven-tenths of the bonus may be claimed by the first producer, and not more than three-tenths by the second producer ; but, if only one claimant becomes a producer on the above conditions, he may claim the whole of the bonus.
![]() |
4.381 393 |
▲back to top |
Schedule re change of ND policy dispensing with independent TCs and replacing with judges of the NLC
|
File ND 85/ 1252 |
Date 21 April |
Sender Hon J Ballance, Wellington |
Description Giving instructions that judges of the NLC car. again be appointed Trust Commissioners — the appoints of present Trust Commissioners to cease on 30 June next. |
|
ND 85/1298 |
13 April |
Governor, Wellington |
Appointing 4 judges of the NLC Trust Commissioners. |
|
ND 85/1470 |
6 May |
S C G Vickers, Wellington |
Pointing out a difficulty which may arise in the matter of judges of the NLC acting as Trust Commissioners. |
|
ND 85/1580 |
13 May |
Governor, Wellington |
Appoints R J Gill, Esq, a Trust Commissioner. |
|
85/1596 |
14 May |
W G Mair, Rotorua |
Application for copies of frauds prevention act & of regulations. |
|
ND 85/1593 |
11 May |
Col Heultain, Auckland |
Acknowledging receipt of information that his appointment as Trust Commissioner will cease from 30 Jerre 1885 and applying for a six month leave of absence. |
|
ND 85/1601 |
12 May |
Capt Preece, Napier |
With regard to information that his appointment as Trust Commissioner will cease from 30 June 1885. |
|
ND 85/1620 |
16 May |
R J Gill, Wellington |
Acknowledging receipt of information of his appointment as Trust Commissioner |
|
ND 85/1764 |
22 May |
W J Morpeth, Wellington |
Memo re case of G Wightman arid Eliza Rowley. |
![]() |
4.382 394 |
▲back to top |
|
ND 85/1863 |
4 June |
T W Lewis, Wellington |
Memo: that all Deeds for Trust Commissioner's signature should be passed through the Regulations of the NLC. |
|
ND 85/1862 |
2 june |
E Hammond, Auckland |
Has received from Col Haultain books and papers of Trust Commissioner's office. |
|
ND 85/1972 |
8 June |
J Booth, Gisborne |
Acknowledging receipt of letter informing him that his appointment as Trust Commissioner is to cease on 30 June 1885. |
|
ND 85/1968 |
n.d. June (received 15 June) |
W Brassey & ors (C A De Lautour, Mayor), Gisborne |
Point out that great inconvenience will be caused by there being no resident Trust Commissioner in District and strongly recommending the present Trust Commissioner retain his position. |
|
ND 85/2328 |
24 June |
W F Hale, Gisborne |
States that J Booth as Trust Commissioner is holding night sittings to complete certain business before exptry of his term of office. |
|
ND 85/2329 |
24 June |
Jas. Booth, Gisborne |
Explanation re complaint made against him that he was holding sittings of Trust Commissioner's Court at night. |
|
ND 85/2332 |
26 June |
Pat Stirling McLean, Gisborne |
Asking that Capt Preece Trust Commissioner may be continued in his office. |
|
ND 85/2325 |
13 July |
Capt Preece, Napier |
Asking if it will not be necessary to regazette him as Trust Commissioner for the 3 months extension of time. |
![]() |
4.383 395 |
▲back to top |
|
ND 85/2592 |
18 Juty |
W G Mair, Auckland |
Re difficulty in connection with judges, NLC, acting as Trust |
|
ND 85/ 2592 |
30 July |
Col Haultain, Auckland |
Commissioners Asking that he might be able to draw his 6 months salary in advance. |
|
ND 85/2788 |
18 August |
Col Haultain Auckland |
With voucher for compensation for loss of office as Trust Commissioner £108.6.8 |
|
ND 85/3522 |
7 October |
Capt Preece, Napier |
With regard to his continuing to act as Trust Commissioner. |
|
ND 86/923 |
6 April |
Capt Preece, Napier |
Re his duties as Trust Commissioner in that District. |
|
ND 86/425 |
16 February |
Judge Mair, Hastings |
Re lease of Hokowhetu No 6 to which he attached his certificate. |
|
ND 86/491 |
30 January |
T W Lewis, US, Wellington |
With regard to lease of Hokowhetu No 6 and Trust Commissioner's certificate thereto. |
|
ND 86/636 |
11 March |
Judge Mair, Hastings |
Giving reasons why he passed deed of lease of Hokowhetu No 6. END NB in 1888 this series was forwarded to another series beginning at NO 88/2024. This is about the rules and regulation under the Native Lands Frauds Prevention Acts 1881–88. Not Pursued. |
![]() |
4.384 396 |
▲back to top |
1885
THE NEW ZEALAND GAZETTE. [No: 26
Coroners appointed.
Department of Justice,
Wellington, 22nd April, 1885. His Excellency the Governor has been pleased to appoint
CHARLES
EDWARD RAWSON, Esq., RM., of New Ply mouth, and
ALFRED ROBERT HALL SWINDLEY, Esq., of Coromandel to be Coroners within the Colony of New Zealand.
Jos. A. TOLE. Coroner resigned.
Department of Justice,
Wellington, 22nd April, 1885. HIS Excellency the Governor has been pleased to acoep the resignation by
CHARLES HENRY JOHN HOVELL, Esq., M.R.C.S. Eng., of Coromandel, of his appointment as a Coroner within tin colony.
Jos. A. TOLE.
Commissioner under " New Zealand Extradition AcT,1874,"
appointed.
Department of Justice,
Wellington, 28th April, 1885. ap.
HIS Excellency the Governor has been pleased to appoint HUGH GARDEN SETH—SMITH Esq., R.M.,
to be a Commissioner for the purposes of " The New Zea- land Extradition Act, 1874."
Jos. A. TOLE.
Licensing Committee appointed.
Department of Justice,
Wellington, 23rd April, 1885.
HIS Excellency the Governor has been pleased to appoint ROBERT ALDWORTH,
FREDERICK ARKWRIGHT,
CHARLES JOHN HARRISON,
JOHN WILLOUGHBY MARSHALL, and ALEXANDER McBETH
to be the Licensing Committee for the Districts of Porews and Pareekaretu.
Jos. A. TOLE.
Clerk of Licensing Committee appointed.
Department of Justice,
Wellington, 28th April, 1885.
HIS Excellency the Governor has been pleased to appoint STEWART 'WILSON
to be Clerk of the Licensing Committee for the District of Omataroa, vice C. D. Litchfield, resigned.
Jos. A. TOLE.
Auditor for certain Town Districts appointed.
The Treasury,
Wellington, 15th April, 1885.
HIS Excellency the Governer has been pleased to ap
point
JHON OLLIVER, Esq.,
to be Auditor of the accounts of the Town District Boards of Amberley, Geraldine, Southbridge, Temuka., and Tinwald JULIUS VOGEL.
Auditor for certain Town Districts appointed.
The Treasury,
Wellington, 16th April, 1885.
HIS Excellency the Governor has been pleased to appoint LOUIS ADOLPHUS DURRIEU, Esq.,
to be Auditor of the accounts of the Town District Boards of Alexandra, Cambridge, Opotiki, Whangarei,Kihikihi Dargaville, Helensville, 'Kamo, and Te Awamutu.
JULIUS VOGEL.
Trust Commissioners appointed.
Native Office,
Wellington, 25th April, 1885. HIS Excellency the Governor has been pleased to appoint
JOHN EDWIN MACDONALD, Esq.,
EDWARD WALTER POCKEY, Esq.,
WILLIAM GILBERT MAIR, Esq.,and
FREDERICK MORRIS PRESTON BROOKFIELD, Esq.,
to be Trust Commissioners under " The Native Lands Frauds Prevention Act, 1881," from the 23rd April, 1885.
J. BALLANCE.
Native Assessor appointed.
Native Office,
Wellington, 24th April, 1885.
HIS Excellency the Governor has been pleased to appoint ANAHA TE RAHUI
of Maketu, to be an Assessor for the purposes of " The '
Resident Magistrates Act, 1867," " The Native Circuit Courts Act, 1858," and "The Native Circuit Courts Act, 1862," within the District of Maketu.
J. BALLANCE.
Revising Barrister under " The Building Societies Act,
1880," appointed.
Head Office, Stamp Department, Wellington, 23rd April, 1885.
HIS Excellency the Governor has been pleased to appoint JAMES CROSBY MARTIN, Esq.,
to be Revising Barrister under " The Building Societies Act, 1880," for the District of Canterbury, as from the 1st April, 1885.
JULIUS VOGEL.
Member of Trust appointed under " The Mount Ida Water.
race Trust Act, 1878."
Mines Department,
Wellington, 23rd April, 1885.
HIS Excellency the Governor has been pleased to appoint JHON NOGENT WOOD, Esq.,
of Neseby, to be a Member of " The Mount Ida Water-race Trust Act, 1878."
P. A. BUCKLEY,
(for the Minister of Mines.)
Fellows of New Zealand University appointed.
Education Department,
Wellington, 23rd April, 1885. IN pursuance of section 7 of "The New Zealand Uni- '
ersity Act, 1874," His Excellency the Governor in Council has been pleased to approve of the election by the Senate of
Sir JAMES PRENDERGAST, B.A., and
CHARLES HENRY HERBERT COOK, Esq., M.A., to be Fellows of the New Zealand University.
P. A. BUCKLEY.
Commissions of Captains of Cadet Volunteers revoked, and
Appointments as Honorary Captains.
Defence Office,
Wellington, 21st April, 1885.
HIS Excellency the Governor has been pleased to revoke the commissions held by the under-mentioned Captains of cadet corps, who will revert to the rank of Honorary Captain, with seniority according to date of late commission :—
Captain William Murray, North District (Dunedin) School Rifle Cadet Volunteers.
Captain John Huddeleston Chapman, Middle District (Dunedin) School Rifle Cadet Volunteers.
Captain Robert Peattie, Oamaru High School Rifle Cadet
Volunteers.
Captain James Lindsay, Oamaru North School Rifle Cadet Volunteers.
Captain Joseph Firth, Wellington College Rifle Cadet
Volunteers.
Captain Charles James Hardy, Mount Cook (Wellington) School Rifle Cadet Volunteers.
Captain Urban Vigors Richards, Christ's College Rifle Cadet Volunteers.
Captain Thomas Porritt, Greytown School Rifle Cadet, Volunteers.
Captain William Thomas Grundy, Masterton School Rifle Cadet Volunteers,
J. BALLANCE,
![]() |
4.385 397 |
▲back to top |
780 THE NEW ZEALAND GAZETTE. [No. 38
vices shall have been performed by the Contractors in accordance with the terms hereinbefore provided.
In witness whereof the said Postmaster-General hath hereunto set his hand and seal, and the Contractors have set their hands and seals, the day,
month, and year first above written.
JULIUS VOGEL. (L.S.)
Signed, sealed, and delivered by the said Postmaster-General in the presence of
W. GRAY,
Secretary, Poets and Telegraphs.
A. B. DONALD. (L,S.) RICHARD EXHAM,
(By his Attorney, (L..S.)
A. B. DONALD.)
Signed and sealed by the said Alexander Bell Donald and Richard Exham in the pre. sauce of
ROBERT LAERY,
Merchant, Wellington.
C. ALLAN EDENBOROUGH. (L.s.) Signed and scaled by the said
Charles Allan Edenborough in the presence of
RUSSELL J. GOODMAN,
Clerk, Wellington.
Road Board Elections.
Colonial Secretary's Office, Wellington, 10th June, 1885.
THE following notices of elections of members of Road Boards, under " The Road Boards Act, 1882," have been received at this office.
G. S. COOPER, Under-Secretary.
Oruaiti Road District, County of Mongonui
R. M. Houston. R. Henderson.
Omaha. Road District, County of Rodney;
Edward Gravatt. William Neely.
Mairetahi Road District, County of Waitemata
Charles Fordyce. James A. McMahon.
James McLeod.
Egmont Road District, County of Taranaki :
James Hill.
Samuel Rundle. William Peter Martin.
John Martin. Thomas John Wills.
Manawatu Road District, County of Oroua,:
Thomas Edwards. Roderick Matheson.
George Matthew Snelson.
Spring Creek Road District, County of Marlborough : George Dodson.
John Mills.
Peter O. Dwyer.
Motueka Road District, County of Waimea :
Frederick Parker. Williams Coppins. James Satherly.
Pokororo Road District, County of Waimea :
James Chapman. William Hodges. James Ross.
Knapdale Road District, County of Southland :
Adam Johnston. Francis Milne. John Chisholm. James Donald.
Otaraia Road District, County of Southland :
Kaiwere Subdivision—Denis Kean.
David A. Purvis.
Tuturau Road District, County of Southland :
James Pollock. Allan Galt.
William Paget. George Rae.
Member of House of Representatives for Waimea elected.
Clerk of the Writs' Office, Wellington, 10th June, 1885.
THE. Clerk of the Writs has received a return to the writ issued by him on the 7th day of May, 1885, for the
election of a Member to serve in the House of Representatives for the electoral district hereinafter specified ; and by the indorsement on such writ it appears that the under-mentioned gentleman has been duly elected Member for such such district, viz. :—
For the District of Waimea,
JOHN KERA.
G. S. COOPER,
Clerk of the Writs.
Conscience-money received.
The Treasury,
Wellington, 2nd June, 1885.
THE Colonial Treasurer directs me to acknowledge the
receipt of £140, the sender signing himself " Con-
science."
JAMES C. GA.VEN,
Secretary to the Treasury.
Will accepted by Public Trustee.
Public Trust Office,
Wellington, 5th June, 1885. In the matter of the will of Henry Meech, of Wellington, deceased.
IT is hereby notified that the above will has beenfinally accepted, in accordance with the provisions of " The Public Trust Office Act, 1872," and that probate of the said will has been granted to the Public Trustee, the Executor appointed under the said will.
R. C. HAMERTON, Public Trustee. '
Will accepted by Public Trustee.
Public Trust Office,
Wellington, 5th June, 1885. In the matter of the will of William Watkins, of Wellington, deceased.
IT is hereby notified that the above will has been finally
accepted, in accordance with the provisions of " The Public Trust Office Act, 1872," and that probate of the said will has been granted to the Public Trustee, the Executor appointed under the said will.
R. C. HAMERTON, Public Trustee.
" Native Lands Frauds Prevention Act, 1831."
Native Office,
Wellington, 9th June, 1885.
NOTICE,—As from and after the Ist July next the Chief Judge and Judges of the Native Land Court will be the only Trust Commissioners under "The Native' Lands Frauds Prevention Act, 1881." Deeds requiring to be certified under that Act, or caveats against the granting of any certificate, should be forwarded to the Registrar of the Native Land Court of the district within which the land alienated is situated, for submission to the Trust Commissioner.
By command. T. W. LEWIS, Under-Secretray.
Undeuur-Secretary.
Officiating Ministers for 1885.—Notice No. 17.
Registrar-General's Office, Wellington, 10th June, 1885. "
PURSUANT to the provisions of an Act of the General Assembly of New Zealand, passed in the forty-fourth year of the reign of Her Majesty Queen Victoria, and intituled "The Marriage Act, 1880," the following names of Officiating Ministers within the meaning of the said Act are published for general information:—
Presbyterian Church of New Zealand.
The Reverend David McNeill.
Presbyterian Church of Otago and Southland.
The Reverend Walter Gray McLaren.
WM. R. E. BROWN, .
Registrar-General.
Branch of Friendly Society registered.
Friendly Societies' Registry Office, Wellington, 3rd June, 1885.
THE Court Royal Oak, No. 5684, situated at Westport, is registered as a branch of the Nelson District Ancient Order of Foresters' Friendly Society, under " The Friendly Societies Act, 1882," this 3rd day of June, 1885.
F. W. FRANKLAND,
Registrar of Friendly Societies.
![]() |
4.386 398 |
▲back to top |
462 Native Land [HOUSE.] Administration Bill. JUNE 11
Native Land . [HOUSE.] Administration Bill.
ought to be protected. The honourable member for Parnell is very severe indeed upon the measure ; but the honourable member's criticism seemed to be of a very wild and impracticable character. I do not know what he proposes. I believe he refers to settlement in the North Island. But settlement is not going on in the North Island. He knows that things could not be worse than they are now. He says, he thinks, imagines, or comes to the conclusion, that settlement of the land is going on satisfactorily in the North Island. He ought to give some proof of it. He refers to the land company of which the honourable member for the Eastern Maori District is a director, Does he mean to imply that that company has been a success in settling people upon the land ? If he admits that it is not a success, will he contend that there is any analogy whatever between a company like that and the operations of a Bill like this ? There is absolutely no analogy whatever. He asks, how is it the Government have sold so little land in the North Island ? Let me tell him that they have sold an enormous amount of the land acquired from the Natives. Take the case in the Wairarapa District, where the Government purchased a block eighteen months ago. The greater portion, nearly all that land, has since been taken up by small-farm settlements. In other parts of the colony, too, I will venture to say, no one will be bold enough to assert, where the Government have acquired land and disposed of it, that if that land had. been acquired by a private speculator he would have placed three or four hundred persons, as the Government have done in the case of the Wairarapa District on the land purchased from the Natives eighteen months ago.
Mr. MOSS.—How many in Auckland ?
Mr. BALLANCE. —I do not know. The great bulk of the land about Auckland is poor ; but even in Auckland a large amount of settlement has gone on. We are selling land every day, and hundreds of people have been put on land acquired from the Natives by purchase in that partof the colony. I have not got the return here, but I can assure him that a very large amount of colonization is going on; and, per contra, no settlement is carried on by syndicates, rings, and companies which have purchased direct from the Natives. The land :so acquired is lying useless. The honourable member says that the Minister may come in conflict with the Commissioner. The honourable member seemed to be very suspicious as to what the Minister might do. No one can be more responsible than the Minister, and, if he interferes with the Commissioner, it will be done in the interest of the Natives and of the colony. I should very much rather trust the Minister for carrying out a thing of this kind than an official who is not responsible. The true check to any abuse is to place the responsibility direct in Ministers, who must answer to this House for what is done. The honour. able member says the Natives would rather deal with any one than with the Government.
are opposed to this Bill. The honourable mem. her. for Wairarapa. North challenged my state. Inent. The honourable gentleman produced a letter, not from the Natives, but from some, European, saying that the Natives at Papawal, were very bitter about this Bill. Last session one of the most intelligent Natives at Papawel gave evidence, and approved most cordially of, the principles of the Bill. I have had a meeting of Natives at Papawai, at which I ex plained the principles of the Bill to them, and they accepted them. It is of no use now for the honourable gentleman, at the last hour, to produce a letter from a European. against the Bill, when we have a positive asset. ance that the Natives of the Wairarapa are in favour of the measure. The honourable gentle. man seems to think it a great hardship that persons should get leases for twenty-one years and says they would be very much worse off under this Bill. I do not think they would The present system is to get leases for twenty-one years without compensation for improvements. That is a very bad tenure.. The honourable gentleman says it would be worse under this Bill. How ? Under this Bill a man will have his improvements secured to him, What, then, does the honourable gentlemen mean by saying that under this Bill the lease holder would be worse off ?
Mr. BEETHAM. —I will tell you what I mean. I say, with regard to the individual whose lease expires at the end of twenty-one years, that, if he has behaved himself as he should have done, and been considerate with his landlords, he would get a renewal of his leaser but, if the whole transaction is to go under the Land Board, his holding is cut up just at the will of a Commissioner or of a section of the - Natives.
Mr. BALLANCE.—Just so. At the present time the tenant has to make arrangements with the Natives, and if a new tenant is found he will have to bribe the Natives to get A
new lease. Suppose the new tenant goes and
offers more, he will be accepted, and the old tenant will have to go out without compen sation for improvements. But under the per-petual-leasing clauses of the Land Act:Mr has the land for twenty-one years, when the land is valued and the value of his improvements
is saved to him. The honourable gentleman objects to the land being cut up.This is
where it touches the honourable gentleman He says it is very unprofitable to cut up and
honourable subdivide land. That is what the honourable
W
gentleman thinks of this measure. With the progress of the colony and increase of population the proper thing to do with land suitable for agriculture is to take it and subdivide it and therefore I should be very sorry to give to any one a tenure that would prevent the. land being cut up in future. We are told that this\_ Bill will stop settlement in the North lsland.
I am convinced that settlement does not go
at present, under the system now in forcets bers are against this Bill.. I do not know is said that the majority of North Island
the majority of the constituencies are not him in all cases ; but his criticism was fair, against this Bill, and I believe if they were and I feel certain that when the Bill goes , appealed to on the question they would return before the Committee he will give it impartial a very large majority in favour of the measure, consideration. The honourable member for Then,we are told that the Frauds Commis- Napier said that during the recess I had tried sioners will protect the Natives. It is notorious to bring my opponents into contempt by disthat the Frauds Commissioners in the past paraging them before the Natives, and saying have performed their duties in the most per- that they, or some of them, were prepared to functory manner, and passed transactions when seize the land of the Natives. It is true that the consideration was a mere bagatelle—" an I did say that. the honourable member for iron pot," as one honourable member stated. Napier was prepared to seize their land, and In this way large tracts of land are passed I will give my reasons for making that state- into the bonds oeprivate owners. Wo are told, meet. I think it is clear that the honourable with regard to young Maoris, that they are not member for Napier is prepared to seize the land fit to be intrusted with some of the powers of the Natives in. some way or other—not by conferred by this Act. I am not prepared to 'purchase with their free consent. I would ask say that young Natives are so unscrupulous as the honourable gentleman to explain what he some honourable members make them out to means by saying that he would first set aside be: they APG quite equal to the old Natives reserves, and then tax the land of the Natives and to the young colonials when in responsible in order to make them part with it. Why, positions, and I think it is a great mistake to that is a bursting-up policy. Suppose we said cast these slights on the young Natives. Many the same thing to the honourable gentleman— of them are intelligent,. conscientious men, " We will give you so much land, and, as for the and have the good of their race thoroughly at remainder, you do not need it; but we want it heart; and the honourable member is entirely for purposes of settlement, and we shall put a wrong in saying anything which tends to dis- tax upon it in order to make you dispose of it." parage them in the eyes of the House. With What would the honourable gentleman say to regard to the Committees, the position is in a that? Yet that is but the application of the nutshell. The honourable member for Wai- principle of coercion and compulsion that be
totara complains that they will be so numerous proposes to apply. to the Natives to compel them
that there will be hundreds of them ; but we to part with their land. If I am wrong in my I must face this question: Who is to deal with inferences, perhaps the honourable gentleman the land of the Natives? Suppose that in a will set me right ; but that seems to be a fair district there are twenty blocks of land, and and legitimate inference from the speech of that in every block of land there are a hundred the honourable gentleman. Then, let me turn owners, who is to dispose of the land or deal to the honourable member for Egmont; and with it ? Let us compare the different schemes what does he say ? In a speech delivered at that are spoken of. The honourable member Auckland he used these words : " I am per-for Napier says, " Let the majority deal with fectly clear about this, and I shall stick to it and the honourable member for Waite- it through thick and thin : I say no more tara was, in his Bill, prepared to let the ma- land should be left with the Natives than is jority deal with the land. Some say, " Let the sufficient to provide them an ample living." chiefs deal with it." Let us compare these If that does not mean pressure and compulsion Plans with the plan that we now propose— to force the Natives to part with their land, namely, that the Native owners shall elect what does it mean ? I believe that to be the Committee of seven. to deal with the lands ; fair and legitimate inference from the speech and if any of the Native owners desire that made by the honourable gentleman on the their lands shall not be dealt with by the occasion in question. I hope that these Comittee, then provision is made by which honourable gentlemen will show me where I they may have their lands partitioned off ; am wrong in attaching this inference to their member, if the Natives are not satisfied with the words. The honourable member for Napier `action of the Committee, then, at the request has referred to his long experience in Native two-thirds of their number, the Governor affairs ; but, in my opinion, the honourable may dissolve the Committee: It seems to me, gentleman would not care to undertake the therefore, that there is absolute protection responsibility of administering Native affairs to the interests of the owners. It does not with a policy of which seizing the Native
matter bow many blocks of land there may lands would be a part. I can only say the principle is the same ; and the ques- that, if he did, he would soon' have upon his is, whether it is not easier to deal shoulder a difficulty such as we have never seven of a Committee than with a hundred with or shoulders had in the history of the colony ; for, if
is a matter of common-sense. there is one thing which would stir the Na-
As far as the powers of the Committee are con- tive people to their very depths,. it would
that, I think that they are so circumscribed be this—the violence which would have to it is impossible for any abuse to arise. be used to take away their land. It is the The hourable member for Waitotara criti- one question on which the Natives would be used the Bill from a Committee point of view. prepared to resist, and I am sure they would
He went into a number of details: and I am resist any attempt to coerce them with a view prepared to admit that, in many instances, his of taking away their land. No Minister know-
![]() |
4.387 399 |
▲back to top |
laming But. [HOUSE.] Mining Bill.
'Real Estate [HOUSE.] Management Bill. 17
:Altar
July, and the other Chamber was not crowded with work. He ventured to say there was some undue haste being displayed by the Minister of Mines in trying to rush this Bill through. The honourable member for Kumara was absent, and the Bill affected his district above all others, because it was in consequence of a Proclamation having issued in regard to two rivers situated within his district that the Bill was required. The Minister of Mines bad informed the House that it was necessary that the Bill should be passed by the 2nd August. There was plenty of time to pass the Bill before that date, without asking that the third reading should take place that evening. The third reading might be set down for Tuesday next. He could see no justification for haste, and he hoped the Deputy-Speaker would move in the direction he had indicated.
Mr. R. H. J. REEVES was surprised at the attitude taken up by the honourable member for Greymouth. What possible benefit could it be to postpone the third reading of the Bill until Tuesday ? He (Mr. Reeves) represented not only one district, but three districts, and he declared this was a matter of urgency. If the third reading were postponed till Tuesday, possibly many things might occur which would prevent the Bill becoming law.
The DEPUTY-SPEAKER said, with reference to the point raised by the honourable member for Greymouth, he might state that already this session Bills had been reported from Committee and read a third time forthwith. Inasmuch as it was considered the session was at an advanced stage, it was considered that Bills should be pushed forward with all despatch. He understood also that this was a matter of urgency, and it appeared to be the wish of the House that the Bill should be considered forthwith.
Mr. HUTCHISON would point out that ' under the 320th Standing Order it was necessary to fix a time for taking amendments into consideration. There had been amendments made in this Bill ; and must not a future time be fixed for taking them into consideration ?
The DEPUTY - SPEAKER was perfectly aware of the Standing Order which the honourable gentleman had referred to ; but, as he had stated previously, the reports on Bills which bad been amended had been considered, and the third reading taken forthwith, when the session was considered to be well advanced. That was the rule which had been followed in the House ever since he had had a seat in it, and it was also stated that this Bill was a matter of urgency.
Mr. PARATA said he had not opposed this Bill out of any desire to offer factious opposition. He opposed it in the interests of the people who sent him to Parliament. He wanted to show, also, that he had done what he could to protect the interests of the Native people. He was speaking not only in the interests of the Natives, but he thought that this was a bad Bill, and that it would injuriously affect other mining districts besides his own. He thought
it was alt, er an improper measure to bring
26, Mess
into the House. It had been stated that Public Trustee would protect the inter of the Natives. Now, supposing the Govern ment did not agree to the compensation
for by that official, who then would decided The dispute would then be referred to this on Judge to deal with. That would be the result For several years past this system of compensation had prevailed. He did not know. how it was that those honourable who had supported this Bill never objected the Assessors before. He believed that
honourable gentlemen who supported this Bill did so blindly. He did not believe they knew the real bearings of this matter ; he believe they were quite in ignorance. He warned House of this :Should any trouble arise here after in consequence of the passing of this Bill the responsibility would rest upon those who brought in such an improper measure.
Mr. TURNBULL rose to a point of order The Native members were in the habit getting up and telling the House there wasto be trouble. He wanted to know what those troubles were with which they were threatening the House.
The DEPUTY-SPEAKER said this was point of order.
Mr. PARATA thought it his duty to protest against the injustice of this Bill, and if it was proved hereafter that he was wrong he would take the blame. He did not think he was abusing his privileges as a member of that House. He had a good right to protest against this measure if he considered it to be wrong He would not detain the House any longer, he was satisfied with having placed his protest on record, in the interests of the Natives o both Islands.
Mr. TAINTHANGA would support what had been said by the last speaker. He hoped the day would come when that House and the whole English population would give the Maoris a good law ; because the Maoris had had no chance with the English laws. In the course of time the children of Maoris would be running down the street with nothing to eat. If the Maori members did not stand up and look after the interests of their own people it was their own fault.
Mr. CARROLL.—Maori Relief Bill.
Mr. T AI W H ANG A said the honourable gentleman said " Maori Relief Bill ;"but his interests were not with the Maoris at all, but all the other way. He (Mr. Taiwbanga) hoped that when the Bill went to the Upper House it would be thrown out.
Motion agreed to.
Amendments agreed to, and Bill read a third time.
NATIVE LANDS FRAUDS PREVENTION
BILL.
Mr. MITCHELSON.—As the three Native Bills now before the House were very fully discussed upon the second reading of the Native Land Bill, it is not my intention to say more than a very few words in introducing this Bill. This is simply an amendment
andprovided further securi and provides furture
noting of frauds. Under are clothed withand it is necessary that
order to enable them to
. functions they are ex-
, this Act. Clause 3 of
deeds are to be exeouted,
an exception may be made
clause of the Bill. castes whoagare.e fully
•provided that, before the Lands
doner shall certify to any title, of all satisfy himself that the arranged for has been given and provides that no Native or
dispose of their land without for their occupation and
most necessary provision ;
bly some improvident Natives to part with the whole of
t hen become a burden upon tunder this clause the well protected. Clause 5 pro-
from dealing in any way with forty das after such land the Native Land Court.
penal clause. It provides for
inflicted upon any individual
to deal in any way with Native
" • .travention of clause5 There are
of , other amendments in the Bill
taken from other Acts ; but they are
very important nature. I move, That be now read a second time.
IA
nead a second time.
MAORI REAL ESTATE MANAGEMENT
BILL. ;MITCHELSON.—Sir, this is simply a
of an old Act repealed in 1886.
was repealed it was found that it should
I have been repealed, and it is now proposed
t It should be re-enacted. I beg to move second reading of the Bill.
Mr PARATA.—I must say something on this This Bill extends the power of the trueof minors—it enables them to sell, lease, ' or otherwise dispose of the property of minors. If the trustees happen to be men of good then no evil will result ; but
they happen to be the reverse, if they have no consideration for the helpless minors, then I may that injustice will be done. This Bill •piovides that moneys received on account of minors shall be placed in the hands of the Public Trustee. Sir, that law has been tried, and the result bas not been satisfactory. It is very difficult indeed to deal with the pro. perty of minors when it has been placed in
ofAlthough takent under the get possession other Acts to enable
possion other Acts to enable the next .
died. In these cases proceedings have to possession of might these apply formoney the
property he cannot get it without the very neatest difficulty, although be may be fortified
by the decision of the Native Land Court in making his claim. I think full power should be given to the Native Land Court to render it quite unnecessary for the next of kin to have to apply to the Supreme Court. A person who succeeds to the property of a deceased person in the hands of the Publio Trustee has to go to the Supreme Court. He has to obtain a certificate from the Native Land Court that he is the nearest of kin to the deceased, and that he is the person entitled to succeed to the property. I think that, when a person has obtained that order, that ought to be quite sufficient for all purposes, and that it should end the matter ; instead of which that person has to go to the Supreme Court and take out letters of administration, and give bonds that certain forms will be observed. All these legal proceedings cost money, and the estate is wasted in consequence. If the estate happened to be a very wealthy one these expenses would not matter so much ; but when it is an estate consisting of only three or four acres the whole of it will be absorbed in the expenses to which I have alluded, and there will be nothing left for the successor. I think it is right that members of this House should consider these difficulties to which I allude, and try to have the law simplified—I mean, in the direction of having the order of the Native Land Court made final, and so obviating the necessity of applying to the Supreme Court. I wish to assure honourable members that I am perfectly conversant with these matters. I have had some practical experience of them myself. I will not delay the second reading of the Bill, but I thought it my duty to make this explanation.
Bill read a second time.
NATIVE LAND COURT BILL. ,
Mr. MITCHELSON.—Sir, the amendments proposed in this Bill have been rendered necessary owing to a decision recently given by a Judge of the Supreme Court. One clause—clause 6 —may, perhaps, need explanation. As honourable members no doubt are aware, the Government has expended large sums of money, or advanced large sums of money, on account of Native-land purchases, some of which are of a very old date. Some of the blocks upon which money has been advanced have been passed through the Court, and many to whom money has been advanced on account of the purchase of those blocks have not appeared es owners, or, if they have appeared as owners, they have appeared in other names than those upon which they received the advances; consequently the Government has lost the money, and some of the blocks of land supposed to be purchased cannot be traced at all. The Government have, therefore, found it necessary, in order to recover a portion of the money that has been advanced, or an equivalent in land, to propose the clause now in the Bill. It provides that-
" When it is made to appear Majesty has made advances to Natives -tract for the sale of land, and that land has
![]() |
4.388 400 |
▲back to top |
licenses some time might elapse without there
being any lic' interpreters at all.
Mr. TAIPL, I am altogether in favour of this clause. I hope the licenses of all interpreters will lapse, and that hereafter Government will carefully select only those persons who have good moral characters, and against whom no complaints have been made. I know many of these interpreters, so called, who do not know how to write the Maori language. They are unable to translate or to write Maori properly. I think the taking-away of licenses from persons not fit to hold them will go in the direction of protecting the Natives, because the Natives are the people who have suffered most through the improper action of Native interpreters. I heartily support this clause ; and I should like to see the same course adopted with regard to Native Assessors. What I should like to see would be power given to the Native people themselves to elect proper Assessors for the Court. However, that matter has not been arranged ; but I am in favour of this clause.
Mr. BALLANCE.—It appears to me that there is an omission in this clause. It says that only persons of "approved moral character and proved knowledge of the Maori language " are to be appointed. Who is to decide on the moral character of interpreters ? Is it the Govemmeut ? The Government cannot have a knowledge of the moral character of all the interpreters throughout the country. I would suggest that that question should be decided by the Resident Magistrate of the district.
Sir H. A. ATKINSON.—The Government would have to fix the rules with regard to these interpreters.
Mr. BALLANCE. — The responsibility is thrown upon the Government to decide. Sir H. A. ATKINSON.—I think it should be
80, too.
Amendment agreed to.
MAORI REAL ESTATE MANAGEMENT
BILL.
Sir H. A. ATKINSON—I propose that the amendment made by the Legislative Council in this Bill—namely, the omission of the words " by Natives "—be agreed to.
Amendment agreed to.
NATIVE LANDS FRAUDS PREVENTION
BILL.
Sir H. A. ATKINSON—I propose to agree to the amendment in clause 8 in this Bill. Amendment agreed to.
Sir H. A. ATKINSON.—I move, That the amendment in clause 4 be agreed to. Amendment agreed to.
Sir H. A. ATKINSON.—I propose that we agree with the amendment of the Legislative Council, striking, out clauses 5, 6, and 7, and substituting new ones.
Mr. BALLANCE.—I think the honourable gentleman ought to explain this. I really do not think any one can understand these clauses. How far do they differ from the old clauses ?
Sir H. A. ATKINSON.—They do not differ at
Mr. Beethens
all. They are merely put 'in -dearer language, but there is no difference at all.
Mr. BALLANCE–That is all right ; but I understand there is a material difference.
Sir H. A. ATKINSON.—No, there is no difference at all.
Mr. BALLANCE.—I have heard a report—of course, it may not be true— that the object of these new clauses is to provide that the " twenty " is only to apply to future transactions. For instance, where a block of land has already gone through the Court, and there are found to be a hundred owners, there would be no necessity for the Court to subdivide and place twenty in each grant.
Sir H. A. ATKINSON.—I understand distinctly that it is not so ; but, if it is, I will take care that the matter shall come before the House again in some form.
New clauses 5, 6, and 7 agreed to.
Sir H. A. ATKINSON.—I propose that we disagree with clause 8. We struck it out when it was here for this reason : that, as it appears to me, if a person has property wrongly under these clauses he has no right to have it put right by putting it under the Land Transfer Act.
Clause 8 disagreed with.
Mr. CARROLL.—I should be glad if the Government would consider subsection (b) in clause 8. It seems to ins to be open to doubt who is to explain the deed to the Native before he signs ; and that should not be so.
Sir H. A. ATK1NSON.—I will have that looked at. I now beg to move, That the following gentlemen be a Committee to draw up reasons for disagreeing with the amend, ments made by the Legislative Council in the Native Land Court Bill : Mr. Ballance, Mr. Hislop, Mr. Mitchelson, Major Jackson, and, Mr. Whyte.
Mr. BALLANCE. — I should like to refer again to the point which I raised in regard to the constitutional practice. I sincerely trust the honourable gentleman will not be called–upon to recommend the Governor to dissent from Bills which have been passed through both: Houses, as I am quite sure the honourable gentleman would regret it. In May's " Parliamentary Practice" there is the following :—
" When Bills have been finally agreed to by both Houses they only await the Royal assent to give them, as Lord Hale says, the complement and perfection of a law ;and from that sanction they cannot legally be with held."
I think honourable gentlemen will find that that authority is quite conclusive, and that the practice invariably has been not to recommend the Crown to dissent from Bills after receiving the assent of both Houses. I refer to that point because it is a matter of some consider+
I
able importance, and I am quite sure that the practice invariably has been that after a sure has been passed by both Houses the vernor should not be advised to dissent from the Billl.Motion agreed to.
The following were appointed a Commit
draw up reasons for disagreeing with the
iendments made by the Legislative Council
the Native Lands Frauds Prevention Bill :
Mr. Ballance, Mr. Hislop, Mr. Mitchelson, Major Jackson, and Mr. Whyte.
PUBLIC WORKS APPROPRIATION BILL. This Bill was read a first time.
Sir H. A. ATKINSON moved the second reading of the Bill.
- Mr. MOSS said he had raised a point in „'Committee which he would like to bring under the notice of Mr. Speaker. In Committee of Supply they passed a sum amounting to '` £905,807, but the Public Works Appropriation Bill now before them authorised an expenditure of £1,163,000. This was done by means of a clause, first introduced in the year before last in the Public Works Appropriation Bill authorising the Governor in Council to incur liabilities over and above the sums passed in Committee of Supply. In the present Bill . these extra sums amounted to £257,000. It seemed to him a very important point. He referred to it in Committee, but the Committee was not very full, and did not take any action in the matter. He wished to ask Mr. Speaker it whether it was in accordance with perliamentary practice and with the Standing Orders to appropriate large sums of money thus vaguely and indefinitely without their passing through of Committee of Supply. He was aware that there was a provision of the same sort in the
Public Revenues Act with regard to appropriations from the Consolidated Fund, and that three months' supply could be expended without having previously gone through Committee. That was not the practice in any other country.
Everywhere else the appropriations were confined to the sums passed through Committee of Supply. He wished to bring it before the Speaker, so' that the matter might be authoritatively settled. It seemed to him to be a practice peculiar to the Parliament of New Zealand. The great complaint, every session was that the Government brought down their Public Works Statement at the last stage of the session, when it was impossible to give it the careful consideration it ought to receive. One of the causes why the Government were able to delay it in such a way was that the ∎House had given them large sums like this of £257,000, which they could use in defiance of Parliament, and so keep back the Public Works Statement to the end of the session. The consequence was, the whole public-works estimatess were rushed through in one night in a (Manner derogatory to Parliament and likely to 'lower it in the eyes of the people.
Sir H. A. ATKINSON fancied they had full right to make their own rules of procedure. The present arrangement was much more satisfactory than the old arrangement. If they found the practice of other Parliaments not as convenient as their own, they should invent practice more suitable to the circumstances of the country. It was nevertheless a practice of other Parliaments not to go into Committee of Supply on loan-expenditure, but
simply in Committee of the Whole, and deal with that expenditure as they would a Bill. What the honourable gentleman plained of was this : Hitherto, supposing the Government wished to make an expenditure of, say, £100,000, and desired to let contracts the amount of which would reach £150,000—although they would not, during the current year, expend more than £100,000—the practice of Parliament was to take a vote for the £150,000, so that really that amount could be expended during the year ; and there was nothing to prevent the Government incurring any liabilities in addition. That was considered not a satisfactory arrangement ; and when he was in office before he intended to make an alteration, but, being turned out of office, his honourable friend the member for Wanganui came in and made the alteration which initiated the plan now followed. The plan was this : The Government asked the House definitely to vote the sum which they proposed to expend in the year, and then there was another column added of the amount which the Government were authorised to contract for. It was really a direction to the Government to enter into contracts to that amount, and was merely a means of scouring that the liabilities should not exceed a certain amount without the Government running the risk of being brought to book.
Mr. MOSS said the beading in the column in the Public Works Appropriation Bill was different from that in the public-works estimates. In the public- works estimates the heading was " Estimated Total Amount required to be Authorised," and in the Public Works Appropriation Bill it was " Limit of Amount to be expended, and Liabilities incurred."
Sir H. A. ATKINSON.—What is the difference?
Mr. MOSS said, apart from that, these items had not been considered in Committee of Supply, nor were they even referred to in the report of the Committee to the House. Only the figures in the second column were voted, and only they were included in the report.
Sir H. A. ATICINSON.—They were all before Committee of Supply.
Mr. MOSS said, Yes, but not considered or voted upon. This was Is new practice, and one which appeared to him to be very dangerous, and to deprive Parliament of the control of the purse.
Mr. E. RICHARDSON thought the attention of the Committee had been specially called to the matter this session, and a vote taken upon it. As an instance, the Colonial Treasurer stated that if a vote in the first column were ) reduced by, say, £5 the Government would take it as an indication that they were not to incur the liabilities provided for in the second column.
Dr. NEWMAN pointed out that in clause 6 of this Bill authority was given for unauthorised expenditure. This generally amounted to about £100,000. There was no authority for unauthorised expenditure in the general
![]() |
4.389 401 |
▲back to top |
474 Joshua Jones. [HOUSE.] Point Resolution. [Aug. 28
1888.] Wellington School [HOUSE.] of Design Bill. 475
not been caused by this Bill or any other Bill that the Council had laid aside. For his part, he entirely agreed with the course that had been taken.
The Hon. Mr. REYNOLDS said that what he objected to about this Bill was that it had been kept back like other Bills till the last day or so of the session. The Government took advantage of a thin House to bring down a Bill of this kind. They ought to have taken this Bill in hand weeks and weeks ago. The Government should not bring down measures of this sort and rush them through when some honourable members had left, and others were leaving.
The Hon. Sir F. WHITAKER thought, honourable members should wait and see the Bill in print. It was unreasonable to discuss the merits of the Bill before it was printed. The motion for the second reading would come on next day.
Second reading fixed for next day.
The Council adjourned at twenty minutes to four o'clock p.m.
HOUSE OF REPRESENTATIVES.
Tuesday, 28th August, 1888.
Third Readings—Bills discharged—Joshua Jones—Point Resolution—Native Land Court Bill—Native Lands Frauds Preventiou Bill—Wellington School of Design Bill—Chinese Immigrants Bill —Road Boards Bill—Naval and Military Settlers' and Volunteers' Land Bill—J. Lundon. &c.—District Railways Purchasing Bill—Refractory Ores —Appropriation Bill—Mokau-Mohakatino Bill
Public Works Appropriation Bill.
Mr. SPERAKER took the chair at eleven o'clock
a.m.
PRAYERS.
THIRD READINGS.
Gisborne Harbour Board Bill, Thorndon Reclamation Bill.
BILLS DISCHARGED.
Auckland Girls' High School Bill, Masterton Town Lands Trust Bill,
JOSHUA JONES.
Dr. HODGKINSON asked the Government if they intended to bring in a Bill giving relief to Joshua Jones. The report sent in by the Commissioners seemed to be entirely in his favour, and they recommended that everything should be done to redress his grievance, and to put him in as fair a position as could possibly be done by the Legislature. He understood it was of very great consequence to Mr. Jones that this should be done immediately.
Sir H. A. ATKINSON hoped to be able to do so, but was not certain. The difficulty was in arranging the terms of the Bill with Mr. Jones. The Government had requested Mr. Jones to send in a Bill. He had sent in a rough draft, which was not The Government had been in with his solicitor on another Bill, Government intended,
Hon. Sir G. S. Whitmore
if possible, to bring in a Bill if they could agree with Mr. Jones as to the terms.
POINT RESOLUTION.
Sir G. GREY asked if the Government intended to appoint a Royal Commission to investigate and report with reference to the par. chase of land at Point Resolution, which was dealt with in a Bill that had been thrown out by the Legislative Council.
Sir H. A. ATKINSON was sorry to say be had not, unfortunately, had time to consult his colleagues in the matter, and therefore the Government could not give the honourable gentleman an absolute promise that a Royal Commission would be appointed. But he could say definitely that, if on going through the facts before the Government they thought that any further facts could come out by further inquiry, the Government would appoint a Commission,
Sir G. GREY said that fresh facts would be brought out if an inquiry were instituted.
Sir H. A. ATKINSON said that in that ease a Commission would be appointed.
Mr. FULTON said that delay in this matter would certainly be liable to lead to further complication. It was of the greatest importance that the thing should be settled as soon as possible.
Sir H. A. ATKINSON said it could not be dealt with till next session ; but in the meantime a Commission would be appointed.
NATIVE LAND COURT BILL.
Mr. MITCHELSON brought up the following report of the reasons for disagreeing with the amendments made by the Legislative Council in this Bill:
"The Committee appointed to draw up reasons for disagreeing with certain amendments made by the Legislative Council in the Native Land Court Act 1886 Amendment Bill have the honour to submit the following as snob reasons :-
As to amendment made in clause 4: That a mortgage is not permitted until the land is brought under the provisions of ' The Land Transfer Act, 1885 ; and the use of the word' mortgage' will suggest to Natives a state of the law with regard to mortgages which does not exist.
As to the insertion of the words, if the Court thinks fit, in clause 12: This tends to destroy the object of the Bill, which is to promote the holding of titles by a small number of proprietors, and also to give to purchasers of limited means facilities to purchase land. These facilities are not given when are held by a great number of owners. It wee intended that there should,be no option left with the Court.
As to the insertion of the words by purchase from a Native or Natives,' in the same. clause : The insertion of these words defeats to some extent the object of the clause, which is to prevent lands purchased from Natives being acquired in greater areas than five thousand sores by any person. The amendment would open the way to a person what it.
is intended to prohibit, by enabling him to acquire unlimited areas of land through other persons.
As to alteration in clause 19 : The object of this clause was to provide for cases which were known and which had been investigated. It was not intended to make the provision general.
As to the alterations in clause 24 : These alterations practically take the power of granting a rehearing out of the hands of the Chief Judge, who ought to be the person most competent to decide.
As to amendment of clause 96 of the principal Act, made in clause 26 of the Bill : This subclause which is added by the Legislative Council is likely to detrimentally affect Europeans who have, in pursuance of the law in that behalf, given up lands for road purposes. It is also likely to give rise to complications in its operation.
As to omission of old clause 28 : It has been established before a Committee of, the , House of Representatives that justice required that further investigation should take place before the ownership of the blocks mentioned in the first division of this section was finally settled. The question of the ownership of the Ngarara Block has also been the subject of in-
' vestigation, and such doubt bas been raised as to the evidence upon which the decision was based that it is desirable that further investigation should take place before those who have been declared owners are allowed to deal with the block.
. " 8. As to new clause 28: It often becomes necessary in the interest of estates managed by the Publics Trustee that the land constituting the same should be partitioned."
Reasons agreed to, and ordered to be transmitted to the Legislative Council.
NATIVE LANDS FRAUDS PREVENTION
BILL.
Mr. MITCHELSON brought up the following reasons for disagreeing with the amendment made by the Legislative Council in this Bill:—
"The Committee appointed for the purpose of drawing up reasons for disagreeing with the amendment made by the Legislative Council by inserting new clause B of the Native Lands
Frauds Prevention Act 1881 Amendment Bill have the honour to recommend the following :—
" The insertion of this clause would to a great extent render nugatory the provisions making certain transactions illegal.
" In many cases the penalty would not be a sufficient preventive of attempts being made to evade the law, and the chance of rendering one's title good by registration would act as an incentive to evasions of the Act."
Reasons agreed to, and ordered to be transmitted to the Legislative Council.
WELLINGTON SCHOOL OF DESIGN
BILL.
IN COMMITTEE.
2.—Lands described in the schedule
|
to be vested in the Education Board of the District of Wellington for a school of design, &o. The Committee divided on the question, "That the following words be added to the clause : 'subject nevertheless to the con- ditions expressed in " The Special Powers and Contracts Act, 1885."' " |
|
AYES, 20. |
|
Barron Hobbs Taipua |
|
Blake Kelly Taiwhanga |
|
Feldwiok Merchant Taylor |
|
Fitchett Mills Thompson, T. |
|
Fraser Monk Tellers. |
|
Fulton Peacock Fish |
|
Goldie Russell Thompson, R. |
|
NOES, 37. |
|
Allen Grimmond O'Conor |
|
Anderson Hislop Richardson, E. |
|
Atkinson Izard Ross |
|
Ballance Jones Seymour |
|
Bruce Joyce Smith |
|
Buohanan Lance Steward, W. J. |
|
Buxton Lougbrey Stewart, W. D. |
|
Caiman Mackenzie, M. Wilson |
|
Carroll Mackenzie, T. Withy. |
|
Cowan McGregor |
|
Fergus McKenzie, J. Tellers. |
|
Fipher Moat Beetham |
|
Graham Newman Jackson. |
|
Majority against, 17. |
|
Amendment negatived. |
|
Mr. FISH moved, That progress bo reported. |
|
The Committee divided. |
|
Aims, 28. |
|
Blake Hobbs Rhodes |
|
Bruce Jackson Ross |
|
Buxton Kelly Taylor |
|
Duncan Kerr Thompson, R. |
|
Feldwiok Lawry Ward |
|
Fitchett Mackenzie, T. Withy. |
|
Fraser McKenzie, J. |
|
Fulton Moat Tellers. |
|
Goldie Monk Fish |
|
Grimmond Peacock Merchant. |
|
Noes, 28. |
|
Allen Fitzherbert Richardson, G. |
|
Anderson Guinness Russell |
|
Atkinson Izard Seymour |
|
Ballance Jones Valentine |
|
Barron Joyce Verrall |
|
Beetbam Lance Wilson. |
|
Buohanan Lougbrey |
|
Cowan Moss Tellers. |
|
Fergus Newman McGregor |
|
Fisher Richardson, E. Stewart, W. D. |
|
The CHAIRMAN gave his casting-vote with the |
|
" Noes." |
|
Motion negatived. |
|
Mr. FISHER moved, That progress be re- ported. |
|
Motion agreed to. |
|
CHINESE IMMIGRANTS BILL. |
|
Mr. FERGUS brought up the followin port: |
|
"The Managers of the Conference on |
![]() |
4.390 402 |
▲back to top |
52 VICT]
Native Lands Frauds Prevention
Act .1881 Amendment.
[1888, No. 38.
137
New Zealand,
ANALYSIS.
Title.
1.Short Title.
2.Interpretation.
3. How deeds executed by Natives are to be verified. Exception as to half castes. 4. Duties of Trust Commissioner
6. Dealings with Native land prohibited Until ownership ascertained.
8. Notice to be given when ownership has been ascertained.
Penelty for entering upon prohibited dealings. Prohibited transactions illegal and void. Proseoutions only with prescribed sanction.
Rights of the Orown not to be prejudiced.
10. Debtor secured sufficient land for his tenance.
1888, No. 38
AN ACT to amend " The Native Lands Frauds Prevention Act,
1881." [30th August, 1888.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :-
1. The Short Title of this Act is " The Native Lands 'Frauds Prevention Act 1881 Amendment Act, 1888," and this Act shall be read and construed as part of " The Native Lands Frauds Prevention Act, 1881 " (hereinafter called " the said Act ").
"Native land " and " land " in the said Act, and "land" in this Act include all land held by Natives under any title, except land held by Natives under their customs or-usages .the title whereto has not been determined by the ,Native Land Court and " Native land " in this Act includes only land held by. Natives under their customs or usages, the title whereto has not been determined by the said Court.
A deed executed by a Native shall have no effect as a con veyance or lease by such Native of land, or of any estate therein, to a person not a Native unless
(a.) A statement in the Maori language of the effect of such deed,
certified as correct by a licensed interpreter; shall, before
the document is signed by any Native, be .indorsed on or form part of the document ;
(b) The effect of such: statement shall be explained to each Native before signing the same ;
(c) The signature of each Native shall be attested by at least
two witnesses, one of whom shall be a Judge or a Justice of the Peace, or a solicitor of the Supreme Court, or a Clerk of a Resident Magistrate's Court, or a postmaster; and
Title.
Short Title.
Interpretation.
How deeds executed. by Natives are to be verified.
![]() |
4.391 403 |
▲back to top |
138 1888,No. 38.]
Native Lands Frauds Prevention
Act 1881 Amendment.
[52 VICT.
138
Exception as to half-castes.
Duties of Trust Commissioner.
Dealings with Native land prohibited until ownership ascertained.
Notice to be given when ownership has been ascertained.
Penalty for entering upon prohibited
the other a male adult, who shall certify the date upon which such signature shall have been attached to such deed (none whom shall be concerned in the transaction) ;
(d.) There shall be a plan of the land, delineated on the document before it shall be signed by any Native.
Provided that a deed executed by a half-caste shall, as to such execution, only require to be executed with the formalities required by law in the case of a deed executed by a European, where, by a memorandum indorsed on such deed, it is certified by a Justice of the Peace that such half-caste has a knowledge of the English language sufficient to enable him to understand such deed.
Clauses six and fifteen of the said Act are hereby repealed, and in lieu thereof it 'is hereby enacted :—
Every Trust Commissioner shall hold a Court open to the public for the purpose of investigating, cases that may be brought before him in accordance with the said Act and
this Act, and. with any rules made thereunder; and if, upon due inquiry, the Trust Commssioner is satisfied that the alienation is not invalid according to the true intent
and meaning of the said Act and of this Act, that,the consideration purporting to be paid or given has been paid or, given; that the Natives interested in the land the subject Of alienation have sufficient land left for their occupation and support, and that the instrument purporting to give effect to such alienation is executed with the formali-
ties required by this Act he shall indorse on the principal or only instrument a certificate under his hand to that effect
No deed or other instrument of alienation shall be registered in any registry of deeds or land, or lodged with a 'Native .
Land Court Registrar, without such indorsement.
PROHIBITED DEALINGS WITH NATIVE LAND.
It shall not be lawful for any person to negotiate, either on his own behalf or as agent or trustee for any other person, for the purchase, conveyance, transfer, lease, exchange, or occupation of any Native land, or of any land, or 'any' estate, right, title, or interest therein, or for any agency or authority to deal therewith or in relation thereto, unless such land is now owned under Crown grant, memorial of ownership, or certificate of title issued under either a Native Land Court Act or a Land Transfer Act to not more than twenty Natives, or unless such, land shall hereafter become and shall have been so owned for forty days.
Forthwith upon any land hereafter becoming owned by not more than twenty Natives as aforesaid, it shall be a duty of the Chief Judge to notify the same in the Gazette, and also the name and description of the land, and the time when the said forty days will expire.
Any person who, on his own behalf or as agent or trustee for any other person, shall take or accept any conveyance, lease, transfer, gift, or other assurance from any Native, whether to himself solely or to himself and others, of any Native land or of anyland not.
![]() |
4.392 404 |
▲back to top |
Native Lands Frauds Prevention [1888, No. 38. Act 1881 Amendment.
62 VICT
139
heretofore owned as aforesaid, or which becoming hereafter so owned, shall not have been owned for forty days as aforesaid, or who shall be a party to any negotiation, agreement, contract, or promise for the making to him, or to him and others, or to any other person, of any such conveyance, lease, transfer, gift, or other assurance, or for the accepting or giving of any such agency or authority, shall forfeit and pay a penalty not exceeding five hundred pounds, to be recovered in a summary way.
Every such conveyance, transfer, gift and other assurance, agreement, contract, promise, agency, and authority shall except as hereinafter provided, be illegal and void
Provided that no person shall be convicted of any offence aforesaid except on the information or complaint of some person duly authorised in that behalf by the Governor, either generally or in respect of some particular case.
8. Nothing in this or the said Act shall affect or apply to the Crown, or to any person acting for or on behalf of the Crown under the authority of a Minister of the and Crown.
9. Sections eighteen an nineteen of the said Act are hereby repealed.
10. Section eight of the said Act shall be read as if there were added thereto the words following: And unless and until a Trust Commissioner shall, upon inquiry in open Court, have ascertained that an area of land or a share in land is owned by the Native debtor Sufficient for his maintenance, and shall have given his certificate to that effect describing such, land or share in land.
Against the land so described no such registration and seizure as aforesaid shall be had or effected until a Commissioner shall have given a like certificate in relation to other land of the said debtor, and. shall have cancelled the first-mentioned certificate.
WELLINGTON : Printed under authority of the New Zealand Government,
by GRORGE DIDSRURY, Government Printer-1888.
Prohibited transactions illegal and void.
Prosecutions only with Vrosoribed sanction.
Rights of the Crown not to be prejudiced.
Repeal.
Debtor secured sufficient land for his maintenance.
![]() |
4.393 405 |
▲back to top |
Nov. 8]
THR NEW ZEALAND GAZETTE
1175
pedient to revoke the above-recited Order in Council, and to make other provision in lieu thereof :
Now, therefore, I, William Francis Drummond Jervois, the Governor of the Colony of New Zealand, in pursuance . and exercise of the power and authority vested in me by section eight of " The Sheep Act Amendment Act, 1887," and of all other powers and authorities in anywise enabling me in this behalf, and acting by and with the advice and consent of the Executive Council of the said colony, do hereby suspend the operation of sections thirty-five to thirty-nine, both inclusive, of "The Sheep Act, 1878," in respect to sheep bred in the colony, and brought by sea from ports and places in the colony, other than ports or places within the Marlborough, Nelson, Weikawau, or Miranda Sheep Districts, to be landed at other ports in the colony ; and I do hereby declare that such suspension shall extend to any vessel carrying such sheep in manner aforesaid ; and, further, that this Order in Council shall come into force and take effect as from the twenty-first day of November, one thousand eight hundred and eighty-eight.
FORSTER GORING,
Clerk of the Executive Council.
Rules under The Native Lands Frauds Prevention Act, 1881," and " The Native Lands Frauds Prevention Act 1881 Amendment Act, 1888."
Wm, F. DRUMMOND JERVOIS,
Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this third day
of November, 1888.
Present :
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS by " The Native Lands Frauds Prevention
Act, 1881," it is enacted that the Governor in Council may, with the approval of a Judge of the Supreme Court, make, and from time to time alter, revoke, or amend, such rules of practice and procedure for regulating proceedings under the said Act as to him shall seem fit ; and such rules, when published in the New Zealand Gazette, shall have the force of law :
And whereas His Excellency the Governor in Council, by order of the fourteenth day of February, one thousand eight hundred and eighty-two, in exercise of the power and authority aforesaid, made certain rules for the purposes aforesaid : And whereas, it being expedient that such rules should be revoked, and amended rules made in their stead, the rules in the Schedule hereto have been submitted to and approved of by his Honour Christopher William Richmond, a Judge of the Supreme Court of New Zealand, as required by the said Act :
Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and by and with the advice and consent of the Executive Council of the said colony, cloth hereby, with such approval as aforesaid, make the following rules of practice and procedure for the purpose of regulating proceedings under the said Act and under the Act amending the same :-
The rules made by the Order in Council of the fourteenth day of February, one thousand eight hundred and eighty-two, are hereby revoked, and the Schedule to the said rules is hereby also revoked.
An application for the certificate of a Commissioner shall be in the Form (A) or (B) in the Schedule hereto, and shall he signed by or on behalf of the person requiring such certificate.
8. A Commissioner shall not be required to hold an inquiry unless payment of his reasonable expenses in attending at the place to be appointed for the inquiry, together with the reasonable expenses of any public officer whose attendance thereat he shall deem necessary, be first secured to his satisfation.
4. A Commissioner shall appoint a time and place for the commencement of each inquiry, and shall cause notice thereof to be given in such manner and to such persona as he may deem fit, either by way of personal service, advertisement in the Gazette or Kahiti, or otherwise howsoever ; and he may from time to time adjourn any inquiry, and continue the same either at the place at which it was commenced, or at any other place to be by him appointed.
5. A summons to a witness may be in the Form (C), or to the like effect.
6. If a Commissioner decide to grant a certificate, he shall not sign the same until the expiration of seven days after such decision.
7. A person aggrieved by the decision of a Commissioner to grant or to refuse a certificate may, within seven days after such decision, deliver in writing to such Commissioner a notice of his intention to appeal, stating the grounds of
dissatisfaction with such decision. If such notice be so delivered, the Commissioner shall not indorse or sign a certificate in pursuance of such decision pending the appeal.
Where the decision of a Commissioner is impugned in point of law only, the appeal shall be in the form of a case approved of by the Commissioner.
A draft case shall be presented to the Commissioner by the appellant for approval within fourteen days after the giving of the decision appealed against. Parties interested shall be entitled to be heard es to the terms of the case ; but it shall be finally settled by the Commissioner according to his own judgment. The Commissioner shall, as soon as conveniently may be, transmit the case as settled to the Registrar at the nearest office of the Court in the judicial district within which the lands affected are situate.
if the facts be disputed, the Commissioner shall report the evidence taken by him, and the appeal shall be by way of rehearing upon such report, with discretionary power in the Court to receive further evidence either by oral examination in Court, by affidavit, or by deposition taken before an Examiner or Commissioner appointed for the purpose.
It shall not be lawful for the appellant on the hearing of any appeal, whether on a case stated or by way of rehearing, to set up or argue any ground of appeal which shall not have been stated in the notice of appeal, saving always to the Court the right to take notice of objections arising on the facts in evidence.
Appeals shall be set down for hearing at the first practicable sitting in Banco.
The Court may remit a case for amendment.
The Registrar shall forthwith certify the decision or direction of the Court to the Commissioner, who shall act thereupon as may be necessary to give effect thereto.
Upon any appeal the Court may make such order as to costs, and the party or parties by whom the same shall be paid, as to it may seem fit : Provided that no Commissioner whose decision may have been appealed from shall be liable to any costs in respect of such appeal.
16. Costs allowed upon appeal may be fixed by the Court, and if not so fixed shall be taxed by the Registrar of the Court as in actions.
All orders of the Court may be enforced in like manner as orders of the Court in its ordinary jurisdiction, and all proceedings in the Court not hereby expressly provided for shall be governed, as nearly as may be, by the ordinary rules and practice of the Court.
If a Commissioner shall, pending an appeal against his decision, cease to hold office, his duties and position in relalion to the ease may be assumed by any other Commissioner appointed for the purpose by the Governor.
10. In these rules " Court " means the Supreme Court of New Zealand, and " Judge " and " Registrar " mean respectively a Judge and Registrar or Deputy Registrar of the Court,
SCHEDULE,
AN inquiry by a Trust Commissioner is hereby required to be made, as directed by "The Native Lands Frauds Prevention Act, 1881," and Acts amending the same, in respect of the alienation of which particulars are set out in the Schedule hereto.
SCHEDULE.
|
Date of Deed. |
Nature of Alienation, |
Natives
Alienating |
Persons to whom alienation made. |
Land alienated. |
|
|
|
|
|
|
|
Dated this day of 188 | ||||
Ass inquiry by a Trust Commissioner is hereby required to be made, as directed by "The Native Lands Frauds Pre. vention Act, 1881," and Acts amending the same, into the circumstances attending the judgment [order or decree] , particulars of which are subjoined. [Here slate the Court or Judge whose proceeding is to be the subject of inquiry, the date of the proceeding, and the parties thereto, or some
thein, so as sufficiently to identify the proceeding.]
Dated this day of 188
(C.)—SUMMONS TO A WITNESS.
To
You are hereby summoned to attend at [Here state the place appointed for the inquiry], at on the
day of 188 at [Here state the hour], to give evdence before a Trust Commissioner, under the provisions
![]() |
4.394 406 |
▲back to top |
1176 THE NEW ZEALAND GAZETTE. [No. 60
"The Native Lands Frauds Prevention Act 1881;" [If the productioin of documents be required add] and you are hereby required, at the time and place foresaid, to produce to the Trust Commissioner aforesaid the under-mentioned documents. [Here apend description of documents sufficient to identify the same. ]
As witness my land, this day of , 188.
Trust Commissioner.
FORSTER GORING,
Clerk of the Executive Council.
Vesting a Reserve in the Wyndham Town Board.
W M . F. DRUM MOND JERVOIS,
Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this third day
of November, 1888.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS the land mentioned in the Schedule hereto was reserved for a sito for a pound: A nd whereas, in the opinion of the Governor, it is expedient to vest the said land in the Wyndham Town Board:
Now, therefore, His Excellency the Governor of the Colony o£ New Zealand, by and with the advice and consent of the Executive Council of the said colony, and in exercise of the powers and authorities vested in him by the fourth section of "The Public Reserves Act, 1881 "doth hereby declare that, from and after the day of the date hereof, the said reserve shall become vested in the Wyndham Town Board, in trust, for a site for a pound.
SCHEDULE.
A L L that parcel of land in the Land District of Southland, containing by admeasurement 5 acres 2 roods more or less situate in the Town of Wyndham, and being Section No. 02 of Block VI. on the map of said town. Bounded towards the north-west, north, north-east, south-east, and south-west by the Mimihau River, 1550, 310 250, 720 210, and 300 links; towards the east by Section No. 5 of Block I. , Wyndham District, 260 links; towards the south by Section No. 61 of Block V I., Town of Wyndham, 550 links; and towards tho west by said Section No. 61, 1150 links: be al l the aforesaid linkages more or less.
FORSTER GORING,
Clerk of the Executive Council.
Rural Lands in the Oiago Land District open for Salt or
Selection.
WM. P. DRUMMOND JERVOIS,
Governor.
IN pursuance and exercise of the powers and authorities
conferred upon mo by tho third section of "The Land Ac t Amendment Act, 1887 " (hereinafter termed '.' the said Act"), I, William Francis Drumraond Jervois the Governor of the Colony of New Zealand, having received the report of the Surveyor-General in this behalf, as in tho said section is provided, do hereby declare that the rural land mentioned in the Schedule hereto shall be open for sale or selection after the lapse of a period of forty-five days from the date d the first public notification hereof, in the manner and upon tho conditions mentioned in the said Act and at the price per acre respectively set against such (and in tho said Schedule.
SCHEDULE.
KUROW SURVEY DISTRICT, OTAGO LAND DISTRICT,
First-class Land.
SECTION 7, Block II., 211 acres and 38 perches. Cash price, £1 per acre; subject to £355 3s., value of improvements.
As witness the hand of His Excellency the Governor,
this second day of November, one thousand eight hundred and eighty-eight,
G. F. RICHARDSON, Minister of Lands.
Notice of Intention to change the Purpose of a Portion of
a Iteserve at Wairau, Marlborough.
WM. F. DRUMMOND JERVOIS,
Governor.
WHEREAS by " The Public Reserves Act 1881,"itis, amongst other things, enacted that the Governor
may declare his intention to make, change, exchange, or after the dedication of any public reserve now or hereafter vested in Her Majesty or the Governor for any of the purposes named in Class II . of the Schedule to the said Act, whether the same bo granted or not; and, in the ease of any reserves made under the authority of section two hundred and twenty-seven of "The Land Act, 1885," if it shall, in the opinion of the Governor, be expedient to change the purpose of such reserves or any part thereof from tho purpose or presumed purpose for which it was set apart to any other purpose, or if it shall, i n tho opinion of the Governor, be expe dient to exchange any of the land comprised in such reserve for other land of equal value to be dedicated to one or more purposes named in the said Class II., the Governor may, by notice in the Gazette declare his intention to make such change, exchange, or dedication, as the case may be and in such notice declare the manner and terms in which tAe same is intended to be so made:
Now, therefore I, William Francis Drummond' Jervois, the Governorof the Colony of New Zealand do hereby, in exercise and pursuance of the powers and authorities vested in me by " The Public Reserves Act 1681," aforesaid, declare my intention to change the specific purpose of the reserve described in the second column of the Schedule hereto from that named in the first column of the said Schedule to that named in the third column of the said Schedule respectively.
SCHEDULE.
|
Description and Purpose of Original Reserve. |
Portionwhich it is intended to change. |
Intended purpose. |
|
A l l that piece or parcel of land i n tho Land District of Marl borough, being parts of Sections Nos 8. 18 and 20, District of Wairau Valley, containing150acresNo, more or less. Bounded, towards the east by other part of said Section No. 18, by a lino parallel to and 850 links from the eastern boundary of said Section No. 18, 6200 links; towards the south by a public road, 2550 links; towards the west by other part of said Section No. 20, and by a line parallel to the western boundary of said Section No. 20, 5700 links; and towards the north by other parts of said Sections Nos. 18 and 20, and by a line parallel to and 300 links from the northern boundary of said sections: save and excepting a public road, 75 links wide, intersecting the said parcel of land, for which allowance has been mode in the area; be all the aforesaid linkages more or less. |
A l l that parcel of land in the Marlborough Land District, containing by admeasurement 5 acres, more or less, being part of Section 20,Districtof Wairau Valley, commencing at a point on the public road forming the eastern boundary of the said section distant 876 links from its south-eastern corner. ,Bounded towards the east by the said road, 625 links; thence by a line at right angles, 800 links; thence by a line parallel with the eastern boundary, 625 links; and thence by a line to the commencing-point, 800 links: be all the aforesaid linkages a little more or loss; as the same is delineated on the plan deposited in the office of the Chief Surveyor, Blenheim. |
As a site for a ceme tery. |
As witness the hand of His Excellency the Governor this seventeenth day of October, one thousand eight hundred and eighty-eight.
G. F. RICHARDSON,
Minister of Lands.
Land Classification Commissioners appointed,
WM. F. DRUMMOND JERVOIS,
Governor.
IN exercise and pursuance of the power and authorities vested in me by the ninth section of "The Land Acts endment Act, 1888," I, William Francis Drummond Jervois, the Governor of the Colony of New Zealand, do hereby appoint
CHARLES WILLIAM ADAMS, Esquire, Chief Surveyor of the Land District of Otago ;
JAMBS FILLANS MAITLAND, Esquire, Commissioner of Crown Lands for the Land District of Otago; and HENRY CLARK Esquire,
Commissioners to classify and report to me upon the under-
![]() |
4.395 407 |
▲back to top |
1040 THE NEW ZEALAND GAZETTE. [No. 54
|
ApproximateArea of the Parcel of Land required to be taken. |
Being Section or Portion of Section No. |
Situated in Block No. |
Situated in the Survey District of |
|
A. B. P. |
|
|
|
|
8 2 8 |
60 |
IX. |
Kopuaranga. |
|
|
(Native re- |
|
|
|
|
serve) |
|
|
"The Native Lands Frauds Prevention Act, 1881," and "The Native Lands Frauds Prevention Act 1881 Amendment Act, 1888."
NOTICE is hereby given that a Trust Commissioner will, under the authority and for the purpose of the said Acts, hold a Court at the Courthouse, Shortland, on the 16th clay of October, 1888, for investigating the several cases mentioned in the Schedule hereunder, and at which time and place aforesaid all persons interested in the said cases, and having objections to any of the dealings, are required to attend in support of their objections.
EDW. HAMMOND, Registrar, Native Land Court. Native Land Court,
Auckland, 19th September, 1888.
SCHEDULE.
1. TRAMPER dated 30th July, 1884, of the land called Moeheu No. 3F, situate near Cape Colville, made to John Blechynden by each owner of the land.
2. Lease dated 8th May, 1888, of the land called Lot 254, Block XII., situate at Shortland, made to John Thompson by Miriama. Kiritahanga, Matiu Kaimate, and Turuhira,
Poha.
Lease dated 28th April, 1888, of the land called Lots 424 and 450, Block VI., situate at Shortland, made to Samuel Hethering by Miriama Kiritahanga and Matiu Kaimate.
Lease dated 21st April, 1888, of the land called Lots 618 and 619, Block XXIX., situate at Shortland, made to James Armstrong Miller by Miriama Kiritahanga and Matiu Kaimate.
Lease dated 28th April, 1888, of the land called southwest portion of Allotment 40, Block XXVIII., situate at Shortland, made to James Thompson by Miriama Kiritahanga and Matiu Rapana Kaimate.
6. Lease dated 21st April, 1888, of the land called Allotment 55, Block XXVIII., situate at Shortland, made to James Renshaw by W. H. Taipari, Miriama Kiritahanga, and.Matiu Kaimate.
7. Lease dated 21st April, 1888, of the land called Allotment 66, Block XXVIII., Situate at Shortland, made to Peter Sinclair by W. H. Taipari, Miriama Kiritahanga, and Matiu Kaimate.
Croton Lands Notices.
Sale of Rural Land, Auckland District.
Crown Lands Office,
Auckland, 22nd September, 1888.
IT is hereby notified that the rural sections enumerated in the accompanying Schedule will be offered for sale by public auction, at the Land Office, Auckland, on Friday, the 26th October, 1888, at 11 o'clock a.m.
Plans and further particulars may be obtained on application at this office.
S. PERCY SMITH,
Commissioner of Crown Lands.
SCHEDULE.
|
Section. |
Ares. |
Cash Price per Section. |
|
|
EDEN COUNTY. |
|
|
|
Parish of Titirangi. |
|
|
|
A. R. P. |
£ s. d. |
|
148 |
5 0 0 |
50 0 0 |
|
149 |
5 0 0 |
50 0 0 |
|
150 |
5 0 0 |
50 .0 0 |
|
151 |
5 0 0 |
50 0 0 |
|
152 |
5 0 0 |
50 0 0 |
|
153 |
5 0 0 |
50 0 0 |
|
154 |
2 '2 35 |
27 10 0 |
|
155 |
3 2 21 |
96 0 0 |
|
157 |
5 1 2 |
52 12 6 |
|
168 |
5 1 2 |
62 12 6 |
|
159 |
5 1 2 |
52 12 G |
|
160 |
5 1 2 |
52 12 6 |
|
161 |
5 0 0 |
50 0 0 |
|
162 |
5 0 0 |
50 0 0 |
|
163 |
5 0 0 |
50 0 0 |
Section. Area. Cash Price per Section.
EDEN COUNTY—continued.
Parish of Titirangi—continued.
|
A. B. P. £ |
s. d. | |||||
|
164 |
5 |
1 |
31 |
54 |
10 |
0 |
|
165 |
5 |
0 |
0 |
37 |
10 |
0 |
|
166 |
4 |
3 |
8 |
97 |
10 |
0 |
|
107 |
5 |
0 |
0 |
97 |
10 |
0 |
|
168 |
4 |
3 |
96 |
97 |
10 |
- 0 |
|
169 |
4 |
3 |
28 |
37 |
10 |
0 |
|
170 |
6 |
1 |
32 |
48 |
10 |
0 |
|
171 |
4 |
3 |
90 |
97 |
10 |
0 |
|
172 |
4 |
3 |
29 |
37 |
10 |
0 |
|
173 |
4 |
9 |
36 |
97 |
10 |
0 |
|
174 |
4 |
3 |
2 |
36 |
0 |
0 |
|
175 |
6 |
2 |
18 |
50 |
0 |
0 |
|
176 |
4 |
3 |
7 |
36 |
0 |
0 |
|
177 |
5 |
0 |
0 |
37 |
10 |
0 |
|
178 |
5 |
0 |
0 |
37 |
10 |
0 |
|
179 |
5 |
0 |
0 |
37 |
10 |
0 |
Description of Laud : All open land of poor quality, situated about half a mile from Avondale, on the Manukau Road.
HOBSON COUNTY.
Parish of Arapohue.
N. M. pn. 47 I 40 0 0 30 0 0
Description of Land : Half bush, half open land.
MANGONUI COUNTY.
Parish of Kaiaka.
S.W. pn. 25 34 2 0 8 12 6
Description of Land : Broken forest land, well watered.
MANUKAU COUNTY.
Parish of Waiuku East.
|
182 |
92 |
2 |
16 |
16 |
7 |
6 |
|
189 |
90 |
1 |
10 |
45 |
5 |
0 |
|
230 |
65 |
2 |
16 |
24 |
15 |
0 |
|
231 |
147 |
1 |
91 |
55 |
7 |
6 |
|
292 |
176 |
0 |
0 |
66 |
0 |
0 |
Description of Land : Swampy lands, containing kahikatea and tall manuka ; soil good.
Parish of Waiuku West.
|
43 |
139 |
0 0 |
104 |
5 |
0 |
|
60 |
25 |
1 17 |
32 |
2 |
6 |
|
135 |
107 |
0 0 |
107 |
0 |
0 |
|
157 |
141 |
2 32 |
141 |
15 |
0 |
|
158 |
197 |
0 0 |
137 |
0 |
0 |
|
159 |
121 |
1 0 |
106 |
2 |
6 |
|
160 |
121 |
3 0 |
91 |
5 |
0 |
|
161 |
116 |
1 0 |
87 |
5 |
0 |
|
162 |
108 |
0 0 |
109 |
0 |
0 |
|
163 |
57 |
124 |
57 |
10 |
0 |
|
164 |
29 |
0 0 |
29 |
0 |
0 |
|
165 |
41 |
0 0 |
41 |
0 |
0 |
|
166 |
17 |
3 10 |
18 |
0 |
0 |
|
167 |
9 |
2 0 |
9 |
10 |
0 |
|
168 |
104 |
0 0 |
104 |
0 |
0 |
|
169 |
116 |
1 14 |
87 |
7 |
6 |
|
170 |
94 |
0 0 . |
70 |
10 |
0 |
|
171 |
32 |
2 20 |
41 |
0 |
0 |
|
172 |
2 |
216 |
5 |
10 |
0 |
|
179 |
54 |
0 30 |
40 |
15 |
0 |
|
174 |
118 |
8 8 |
89 |
5 |
0 |
|
175 |
120 |
3 18 |
90 |
15 |
0 |
|
176 |
45 |
3 0 |
34 |
10 |
0 |
|
177 |
27 |
2 16 |
20 |
15 |
0 |
|
178 |
85 |
0 92 |
64 |
0 |
0 |
|
179 |
85 |
0 0 |
85 |
0 |
0 |
Description of Land: These lots contain open and swamp lands of vary good quality, and form portion of the Awaroa Swamp, lately drained. They are from two to four miles from Waiuku Township, and accessible by main road.
OTAMATEA COUNTY .
Parish of Kaiwaka.
130 30 0 0 11 5 0
Description of Land : Open ; half mile from Hakaru Village.
Parish of Matakohe.
N. W. Pn. 44 65 0 0 20 12 6 S. W. 45
Description of Land About 97 acres mixed forest, with some kauri, totara, remainder raupo swamp.
RODNEY COUNTY.
Parish of Pakiri.
S.W. pn. 50 19 0 33 55 7 6
54 and 55 147 0 20 55 6 0
94 128 2 0 279 2 6
![]() |
4.396 408 |
▲back to top |
130 1889, No. 31.] Native Lands Frauds prevention Acts [53 VICT.
Amendment.
New Zealand
ANALYSIS.
|
Title. |
|
|
1. Short Title. |
before another Trust Commissioner. |
|
2. Deed to be explained by a licensed |
5. Consideration to be inquired into. |
|
3. Words not applying to,lsand owned before pass- |
6. Refissd to be indorsed on deed. |
|
ing of "The Native, Lands Frands Pre |
7. Amendment of section 4 of said Act. |
|
vention Act 1881 Amendment Act, 1888." |
8. Assessor may be called in. |
1889, No. 31
Title. AN ACT to amend " The Native Lands Frauds Prevention Acts. " [16th September, 1889.
BE IT ENACTED by the Gendral Assembly of New Zea1and in
Parliament assembled, and by the authority of the same, as follow:—
1. The Short Title of this, Act is The Native Lands Frauds
Prevention Acts Amendment Act, 1889.
2. Subsection (b) of section three of "The native Lands Frauds Prevention Act 1881 Amendment Act, 1888 " is hereby amended to read, as follows:—
The effect of such deed shall be explained by a licensed interpreter
to each Native before signing the same.
ying to land owned before passing of "Native Lands Frauds
3. The words "to not more than twenty five of The Native Lands Frauds Prevention Act 1881 Amendment Act, 1888 (hereinafter called the said Act"), shall not' apply to land owned by Natives under Crown grant, memorial of ownership, or certificate of title under either a Native Land Court or a Land Transfer Act issued before the passing of the said Act or in respect
of which an order had been made by the Native Land Court for the
issue of a Crown grant, certificate of title, or memorial of ownership, or an order under "The Native Land Court Act, 1888, " declaring the owners or person entitled on investigation of title or partition, before
passing of the said Act:
If such land does not exceed five thousand acres in area; or
If a contract in writing for the alienation of such land of any
area , or any part there of had been made and not completed before the passing of the said
And the said section shall be read and construed in respect of such land as though the said words to not more than twentyNatives" had been omitted therefrom: Provided that nothing in the said 'fifth section' shall be deemed to prevent a lease of land so owned or
![]() |
4.397 409 |
▲back to top |
53 VIOT.] Native Lands Frauds Frauds Prevention Acts [1889, No. 31. 131 Amendment.
the subject of such order as aforesaid not exceeding ten thousand acres
4. A Trust Commissioner to whom an application to hold an
inquiry has been made may by writing under his hand, request any
Other Trust Commissioner or examine any witness whose attendance at the inquiry cannot, by reason of distance or otherwise, be conveniently, obtanied The Trust Commissioner or
Resident Magistrate to whom such request is made shall give notice, in manner prescribed by any rules made in that behalf, and, in the
absence of such rules, in manner as he may deem expedient, of
the time and place at which such witness will be examined. The
evidence of such witiness shall be reduced to writing, and signed by the
witness and the Trust Commissioner or Resident Magistrate, and may be used by the Trust Commissioner holding the inquiry as if given before him in o,pen Court.
5. The Trust Commissioner shall, as far as possible, inquire into the circumstances attending every alienation. He shall also inquire as to the amount of the consideration paid, and shall satisfy himself that the consideration purporting to be paid or given has been paid or given.
6. If a Trust Commissioner decides to refuse a certificate, he shall make a memorandum of the reasons for such refusal on the principal or only instrument.
7. The fourth section of the said Act shall be read as if the Words "this Act," where they in the said section after the Words "forthalities required by," had been omitted therefrom, and in lieu
there of the words "the law in force at the time when such instrument Was executed " inserted therein.
8. The Trust Commissioner shall, if required to do so by any of the parties, call in the assistance of an Assessor.
WELLINGTON: Printed under authority of the New Zealand Government,jh
by GEORGE DIDSBURY, Government Printer,—1889.
A Trust Commissioner may use evidence taken before another Trust Commissioner.
Consideration to be. inquired into.
Refused to be indorsed on deed.
Amendment of section 4 of said Act.
Assessor may be called in.
10*
![]() |
4.398 410 |
▲back to top |
ence. A man naturally enough, to
obtain that of his title which would render the land saleable ; but in many cases difficulties were in the way. The object of the clause was, therefore, to allow the Supreme Court, assisted by the Native Land Court, if it saw fit, to say that the registration should take place. By clause 10 there was to be no claim on the Assurance Fund for compensation for loss occasioned by the registration of any instrument which should afterwards be set aside, if upon the face of the document it appeared to have been duly executed by the proper party, and if the Registrar at the time of the registration had had no notice or knowledge of anything affecting its validity. Clause 11 was simply an administrative clause, inserted for the purpose of exempting the Registrar in certain instances from attending or taking his books to the Court without a Judge's order. There were certain other clauses, drawn principally with the view of putting probates of wills granted outside the colony in the same position as probates granted within the colony, so far as the purposes of this Act were concerned. When, however, the Council went into Committee on the Bill, he should be able to explain these and all the other clauses more fully. He would merely say, further, that the Registrar and himself had been for some length of time in conference on these matters, and every one of these clauses had been discussed between them very exhaustively. The Bill was originally framed by the Registrar, and had been modified in the course of conference with himself, in order to render the Land Transfer Act more effective and advantageous than it was at the present time. The most important clause in the Bill was clause 7, to which he had made special allusion, and upon it there might be some discussion, although he thought the geueral feeling wee in favour of the view propounded by that clause—namely, that the land transfer given to persons should be absolute.
The Hon. Mr. WILSON said he would like, before making any observations on the Bill, to ask the honourable gentleman whether it bad been translated into the Native language.
The Hon: Sir F. WHITAKER.—No.
The Hon. Mr. WILSON submitted, then, that this 9th clause affected the Natives to such an important extent that the Bill ought to be translated. He did not think any of the Native members had taken the slightest cognisance of it. If honourable members looked at the 9th clause they would see that it affected the Natives in a great many particulars.
The Hon. Sir F. WHITAKER agreed that it would be desirable to have the clause referred to translated ; and, if the Council would now read the Bill a second time, he would move that the clause should be translated. In the meantime the Bill could be read a second time, and the translation could be ready when the Council went into Committee to discuss the details.
The Hon. Mr. WILSON thought that would be the beet plan for all concerned. He
Ron. Sir F. Whitaker
had not the slightest intention of raising any discussion, because the Bill was of such a technical character that, with all his experience in these matters, it had taken him some time to arrive at an understanding of this clause. He could not therefore expect honourable members to discuss such a technical Bill. He thought that it ought to be referred to a Committee.. He confessed that he was himself not wholly satisfied with all these provisions. Su, it was brought forward by the department, and, as he had said, he did not wish to use any opprobrious language with respect to it ; but it did seem to him that this 9th clause lied been smuggled into this Bill, whereas it ought to be in another Bill altogether. This registration of Native titles had nothing whatever to do with the Land Transfer, except that it gave a Judge the extraordinary power of altering the terms of registration, not of Land Transfer titles alone, but of any titles,
The Hon. Sir F. WHITAKER said they had several times amended the Land Transfer Act, and in all cases had referred such amendments to a Committee. He had not the slightest objection to refer this Bill to a Committee, and if the honourable gentleman would indicate the names of members whom he proposed to appoint to such a Committee he would, after the second reading, have it referred to the Committee.
The Hon. Mr. MANTELL said that he did' not rise for the purpose of discussing a Bill of so technical a nature as this : he simply wished to ask what was the intention of the' Attorney-General with respect to one cle.use in the Act. It did not appear to have bear touched by this Bill, but from recent experience which he had had he was satisfied that it required material amendment. He would ask the honourable gentleman to give his opinion; with respect to clause 113 of the Act of 1885 It had recently been hie melancholy experienes to apply to a skilled gentleman in a mattes which involved reference to that clause, and the opinion given him was that the clause, as it stood, was nonsense. The matter arose in the course of a case in the Court, broug
by the National Mortgage Company against the Mayor of Kaiapoi ; and in that case Mr Justice Williams expressed a similar opinion Upon that ground he asked the Attorney General if he would kindly examine and look narrowly into clause 113, and, if he thought, necessary, suggest such an amendment of it as would be calculated to make it intelligible He understood that the Victorian Act contained a clause providing for similar oases which was
not open to all the objections that applied the clause he was now referring to.
Bill read a second time.
NATIVE LANDS FRAUDS PREVENTIO
BILL.
The Hon. Sir F. WHITAKER.—This Bill one that is easily understood, end the propriet of which I think will be generally admitted When the Act of last year was passed. it provided that no dealings should take place in
with any Native land in which
twenty Natives were interested under Alm crown grant or memorial or certificate of ownership. But, through some mistake or mis- apprehension, it appears 'that the right words to give effect to the intention have not been used, and the consequence is that the Act has been made applicable to the past as well as to the future, so that some persons who had dealings t with the Natives were unable, iu consequence of the passing of this clause, to complete their titles. All these Bills referring to the Natives will go before the Native Affairs Committee and Will be discussed there, although in this case it does not appear that discussion is necessary, teeing that the Bill simply intends to repair an act of injustice which was done inadvertently last session by preventing people from completing their title, through the use of a word which bore the construction that the Act applied not only to future but to past transactions. With respect to future transactions we leave the law as it is. Probably the Select Committee may recommend another clause to be inserted which has been suggested by the Chief Judge. In the meantime all we have to do is to read the Bill a second time and let it go to the Native Affairs Committee. I therefore move,
That the Bill be now read the second time.
The Hon Major WAHAWAHA.—I beg to
move, That the debate on this Bill be adjourned 'until Tuesday next, in order that I may have more time to consider the provisions of the Bill. The Hon Sir G. S. WHITMORE.—I think that, in view of the late period of the session, 'the honourable gentleman may very well be
satisfied that he will gain all the time he wants between the reading of the Bill a second time and its passing to the Native Affairs Committee ; and, at any rate, there will be ample time
when it is before that Committee for all his
If the honourable gentleman will
the clause he will observe that it is a
tial recognition of his own argument last
year—an argument which the whole of the Natives on the East Coast, where he lives,
indorse. He knows as well as I do that
Natives throughout the East Coast are
opposed to this twenty-person pro-
viso which had in some way crept into the
last year. The honourable gentleman
that occasion explained admirably what
is effect of that would be. He pointed out
at adjoining his own land there was a block
thousand acres of land of which there were four hundred proprietors ; and he asked
it was possible that these people could the enormous cost of surveys for the
of having the block cut up into
twenty person sections ; and showed that, even
this difficulty were overcome, there was a
her difficulty of getting them all to agree,
their claims were situated, and the re-
might be that one person's interest might
one direction and another person's in
other — which neither would accept. The gentleman gave expression to what
the universal Maori opinion, and his
cuts were so strong that' I feel quite
sure that honourable members—from a ropean point of view, at any rate — we never dream of putting any obstacles in his way. The Maoris themselves abominate this twenty-person clause. It is entirely against their interest, because it takes. away from the value of their laud for selling purposes, and it
places them under disabilities in remote localities for leasing it. They one and all object to it. I can understand honourable members interested in the matter thinking that it might be fairly contended that, if only three or four names out of the very large number are not obtained to the agreement to the sale or lease of the land, it is hard that no further steps can be taken to carry out the arrangements for the land going through the Court. This Bill simply goes in the direction of carrying out the principle which the Hon. Major Wahawaha so strongly advocated last year. That being the case, I hope the honourable member will not press this amendment. I can answer for one, and I think that the representations he has made will weigh with all the members of the Native Affairs Committee, and that there will be no attempt there to hurry the Bill through ; and, if he requires more time, he will find that the Committee will adjourn the consideration of the matter from day to day in order that he may have that time. In the meantime, as it is now late in the session and as there is always a difficulty in the last few days, I hope he will allow the Bill to advance to that stage which the Hon. the Attorney-General proposes.
The Hon. Sir F. WHITAKER. — I do not think that the honourable member will derive any kind of advantage whatever from the adjournment of this debate ; but no doubt he will get all the information he requires, and will have the Bill fully'discussed, when it is before the Native Affairs Committee. I have no doubt that, when this Bill is explained' to him, and when he sees what it really means, as he will during the discussion of the Bill in the Select Committee, he will find it to be in the direction in which he desires to see it go. At the same time, I wduld put it to him that it will be only wasting time to adjourn the debate at the present stage, and that if the Bill goes before the Native Affairs Committee at the beginning of next week the intervening days will give him the time he desires for consideration. Then, if he requires further explanation, ho will be able to obtain it in Committee. I hope, therefore, that we shall be allowed to take a step in advance at this late period of the session. I trust the honourable member will not persist in adjourning the debate ; because, if he does, I. shall feel it my duty to vote against it. I have conceded to him on former occasions when he has asked me for an adjournment ; 'but, looking at all sides of this case, "I think it far better that the Bill should at once pass its second reading, when in the ordinary course it will be referred to the Committee: e •
The Hon. Major WAHAWAHA.—I beg leave to withdraw the amendment.
Bill read the second time.
![]() |
4.399 411 |
▲back to top |
260 Ngarara and Waipiro Further [HOUSE.] Investigation. Bill. [SEPT. 3
1889.] Ngarara and Waipiro [HOUSE.] Further Investigation Bill. 261
pure-bred Maoris, — most likely the rightful owners of the land,—who bad been dispossessed of their lands by the cleverness of those who frequented the towns. And he took it that, when this matter was looked into, the position of the half-breed and the Maori had here come about in exactly the same way : that was to say, the active, clever half-breed Wi .Parata, whose father, he believed, was a whaler called William Stubbs, had managed to get himself into the position of holding a large quantity of land to which he bad very little claim indeed. The honourable member for Te Aro said that they were interfering with the claims of forty in favour of ten or twelve. He took it that, whatever they did inside the House, they were not in the position of having to back majorities outside of it, and that they should take the part of the minority. He believed that really Inia Tuhata and the others had through fraud or carelessness been defrauded of their, rights—that they had had a large interest in the land for many years, and had been ousted from their rights. The Bill last year put them in the position of obtaining a rehearing, and it also gave other people the right to a rehearing. That right had been upheld by the Commissioners. What bad happened in this case ? Two independent Judges—Judge Smith and Colonel Trimble—had made a certain report, after careful inquiry and weeks of sitting, at which Wi Panetta had been represented by counsel, and the whole strength of his hapu had been represented-for every trouble bad been taken, and they bad brought Natives from Taranaki ; and every obstacle had been pat in the way of Inia Tuhata and others proving their ease, but the result was that on the recommendation of the Commission this particular Bill was brought in. He thought that the House, having allowed two such independent persons to go into the matter most carefully and judicially, would not amend and alter this Bill, because, unquestionably, so surely as they took to meddling with the Bill so surely would they do wrong to the Natives interested. It was quite impossible for any one not a lawyer to thoroughly understand all the provisions of the Bill when large amend-meats were made in them on going through Committee. The report of the Commission was clearly and distinctly laid down in the few lines of the verdict. The Bill expressed that verdict, and he was sure the majority of the House would approve of the finding of the Commission. There could be no question they ought to pass the Bill as it stood. It might be that the Commission had gone somewhat outside the lines on which they were instructed to look into the case; but no one could for a moment doubt that they bad reported on the question of costs and in favour of subdivision in the interests of right and justice. Before leaving the question of subdivision, he would mention that he understood the Native Minister would propose an amendment which would very largely take away the offensiveness of the clause dealing
with the subdivision of the land. No doubt
the Natives would severely if two or three could a large block of thirty Dr. Newman
thousand acres of rough bush-land should be surveyed. The cost of the survey of such lend would eat up the value of the land, especially when to that were added the costs of three or four separate judicial trials. He believed this difficulty might be got over by getting the Court at once, after the Bill was passed, to hear the case, and then to allot on paper each person's portion, leaving the work of surveying to some future date, as oceasion might require. In that way the difficulty that so many had objected to would be got over. He hoped the House would agree to that single amendment, which was in the interests of the larger party. That amendment would be moved by the Native Minister, and if it were made, and the Bill otherwise accepted as it stood, no injustice would be done.
Mr. MITCHELSON would like to say a word in reply to the statement made by the honour. able member for the Eastern Maori District, who said that the Chief Judge, when the application was before him for a rehearing, had telegraphed to Judge Puckey asking him to report strongly against it, so as to enable him to refuse a rehearing. That statement was not in accordance with facts. When the Chief Judge telegraphed to Judge Puckey, as referred to by the honourable member, the rehearing had been refused a long time previous to that date; and the telegram referred to was sent when the petitioners applied to Parliament to grant a rehearing, the Chief Judge having exhausted-his power. The then Chief Judge acted most' injudiciously in sending such a telegram. The honourable member for the Northern Maori District had stated several times during his speech that he was averse from wasting the time of the House—and he then occupied about three-quarters of an hour in dealing with questions altogether outside the matter before the House. He thought, if that honourable gentleman would join his three co-representatives Maori of Mao electorates in assisting the House and the Government to deal with such measures as would be for the benefit of both races, he
would be doing hie people and the country good, instead of merely obstructing legislation, as he was now doing. Several members stated they thought this Bill a most extraordinary one. It might upon the face of it appear to be extraordinary : but the Bill was a just one; and, when honourable members considered the standing of the two gentlemen who had acted upon this Commission, he was sure they would agree that the decision arrived at by them had not been come to without ample investigation and due consideration. Another matter which honourable members were probably not aware of was this: that Judge Puckey, who heard the case in 1887, was called to Welling- ton as a witness in the case. His evidence was in print, and honourable members would see from it that Judge Puckey had good reason to doubt the correctness of his judgment in the case, and he stated to the then Chief- Judge Macdonald that, having heard the whole evidence before the Committee, he was quite
convinced that a wrong had been done, and
that if such evidence bad been produced before him he would have strongly recommended a rehearing. The honourable member for Te Aro had harped a good deal upon a statement that only three Natives had been affected; but the fact was that, instead of only three Natives being interested in this Bill, be could assure the House that there were thirteen and probably fifteen injured persons interested in it, so that the case was not as the honourable member for Te Aro had put it. It was his intention, as soon as the second reading of the Bill had been carried, to refer it to the Native Affairs Committee. The members of the Committee would then have an opportunity of hearing the Chief Judge himself, who was Chairman of the Commission, and be would be able to inform the Committee of the reasons which actuated the Commission in recommending the Bill which was now before the House in its present shape. Bill read a second time.
On the question, That the Bill be referred to the Native Affairs Committee,
Mr. KELLY said he did not think it was necessary to refer the Bill to the Native Affairs Committee. The Committee last session went into the matter, and reported upon it, and recommended that the Government should take the matter in hand during the recess, and that a Commission should be appointed to inquire into the charges made by Inia Tuhata and others. That Commission had recommended that a rehearing should be granted, and this Bill was brought in in consequence of that recommenda- tion. If this Bill were referred to the Native Affairs Committee nothing could be done more than had been done: and the Committee, he
might state, had a great deal of work before it— more work than it could possibly get through. Of the Native Bills referred to the Native Affairs Committee there was one that would occupy them for two or three days yet ; and there were several petitions which were kept back in consequence of the Bills being before the Committee. If this Bill were sent to the Committee he was afraid it would never get back to the House again.
Mr. SAMUEL hoped the Bill would not be sent to the Native Affairs Committee. They hid gone a stage further than that, for they had had a Royal Commission appointed which was entirely impartial. That Commission bad, at leisure, examined the facts and the evidence, and the House had the Commission's report before it, and the Bill embodied the recommendations of the Commission. What, then, would be the use of referring the matter back to the Native Affairs Committee ? He hoped the motion would not be agreed to, and he would move, by way of amendment, That the Bill be committed on the following day.
Sir J. HALL thought that honourable mem- bers who recollected the debate on this question last session would realise that, unless the Bill was referred to the Native Affairs Committee, and Caine back with the recommendation of the Committee, it was likely to occupy
great deal of time in that House. The egislation under which the Commission was
appointed was framed on the recommendation of the Native Affairs Committee, Now, no one wanted to go behind that or against it,- or behind the report of the Commission on the subjects submitted to them ; but the Commission had gone beyond that, and had recommended actual subdivision of the whole of the land, whether the owners wished for it or not. Now, upon that subject, and another connected with the petition, the majority of the Natives interested had presented a petition to the House which had been referred to the Native Affairs Committee, and surely they ought to allow these Natives to be heard by the Native Affairs Committee. He therefore suggested that either the Bill should be referred to the Native Affairs Committee, or the House should defer dealing with it until the Committee had reported upon the petition which was already before it.
Mr. SAMUEL said that, if the honourable member in charge of the Bill wished, he would, with the consent of hie seconder, withdraw his amendment; for of course the responsibility in connection with the Bill 'devolved upon the Minister.
Mr. MITCHELSON said he was willing to concur in this course. The subject which he wished the Commission to deal with particularly was the question of subdivision, which was a very important one.
Mr. SAMUEL asked leave to withdraw his amendment.
Amendment withdrawn.
Bill referred to Native Affairs Committee.
NATIVE LANDS FRAUDS PREVENTION
BILL:
Mr. MITCHELSON, in moving the committal of this Bill, said it was necessary for him to give the House some information as to its present position. Honourable members would see that the Bill now before the House contained six clauses, whereas the Bill introduced a few days ago as passed by the Council contained only two. He would give the reason why the Committee had thought it necessary to insert four extra clauses in the Bill. Subsection (b) of section 3 of the Native Lands Frauds Prevention Act of lest year was amended by clause 2 of this Bill. This clause made it compulsory that all titles should not only be translated and indorsed by a licensed interpreter, hut that the deed itself should be interpreted by him and its effects explained to the Natives. Under the present law, as amended last session, any person could interpret a deed, as long as the interpretation was properly imdorsed on the deed by a Native interpreter. In this way the door bad been left open to the perpetration of gross frauds upon the Natives; and this would continue to be possible unless the Legislature insisted upon the deeds being not only properly translated and indorsed, but also properly interpreted to the Natives concerned. By clause 8 it would be seen that the present section of the Act was proposed to be amended as follows :—
" 3. The words to not more than
![]() |
4.400 412 |
▲back to top |
Natives,' in five of ' The Native Lands
Frauds Act 1881 Amendment Act, 1888' (hereinafter called 'the said Act '), shall not apply to land not exceeding five thousand acres in area owned by Natives under Crown grant, memorial of ownership, or certificate of title, under either a Native Land Court Act or a Land Transfer Act, or in respect of which an order had been made by the Native Land Court for the issue of a Crown grant, certificate of title, or memorial of ownership, or an order under ' The Native Land Court Act, 1886,' declaring the owners or persons entitled on investigation of title or partition, before passing of the said Act, nor to any land so owned, or the subject of such order as aforesaid, in respect of which a contract in writing for the alienation thereof, or any part thereof, has been made and not completed before the passing of the said Act ; and the said section shall be read and construed in respect of such lands as though the said words ' to not more than twenty Natives' bad been omitted therefrom."
The Committee had considered, in framing this clause, that it was necessary to do so in order that persons who had properly acquired interests in large blocks of land, prior to the passing of the Act of last session, should have the opportunity of completing their titles under the conditions named in the clause. Clause 4 of the present Bill provided that a Trust Commissioner, to whom an application to bold an inquiry had been made, might, by writing under his band, request any other Trust Commissioner, or a Resident Magistrate, to examine any witness whose attendance at the inquiry, by reason of distance or otherwise, could not be conveniently obtained. This was necessary in order to save expense and trouble to the Natives who were interested. Clause 5 made it compulsory that the Trust Commissioners should inquire into the consideration paid. At the present time the Trust Commissioner had not to inquire into that at all, but had only to satisfy himself that the seller and buyer bad agreed to the transaction, and that the amount said to be paid was paid, and that the Natives selling had sufficient left for their maintenance. Several cases had cropped up in which the Government considered that the Native sellers bad been induced to sell their land at very much less than its real value, and this clause would obviate the difficulty under which they now laboured in the matter. The Trust Commissioners would, if this clause passed, have to exercise more care than they had done in the past. Clause 6 provided that, if a Trust Commissioner at any time refused a certificate, be should make a memorandum of the reasons for such refusal and indorse them upon the certificate, in order that if the deed should be brought before any other Trust Commissioner at any future time be might know at once that it had already been refused. He begged to move, That Mr. Speaker leave the chair in order that the House may go into Committee on the Bill.
Mr. SAMUEL said there was one amendment he would have liked to see proposed by
Mr. Mitckelson
the rummer in thsi Bill. It was in respect of
a defect in the Act of teat session, which caused more or less inconvenience to people completing their titles to land. The 4th section of the Act of 1888 said,—
"Clauses six and fifteen of the said Act are hereby repealed ; and in lieu thereof it is hereby enacted :—
" Every Trust Commissioner shall hold a Court open to the public for the purpose of investigating cases that may be brought before him in accordance with the said Act end this Act, and with any rules made thereunder ; and if, upon due inquiry, the Trust Commissioner is satisfied that the alienation is not invalid according to the true intent and meaning of the said Act and of this Act, that the consideration purporting to be paid or given has been paid or given, that the Natives interested in the land the subject of alienation have sufficient land left for their occupation and support, and that the instrument purporting to give effect to such alienation is executed with the formalities required by this Act, he shall indorse on the principal or only instrument a certificate under his hand to that effect.
" No deed or other instrument of alienation shall be registered in any registry of deeds or land, or lodged with a Native Land Court Registrar, without such indorsement."
Now, the Act of 1888 itself prescribed new formalities which were to be necessary to the execution of such instrument, and therefore all instruments executed prior to the passing of the Act of 1888, but which had not had time to come before the Trust Commissioner to be certified by him before this new Act came into force, were excluded under this new Act, because, although they had been exeonted in accordance with the formalities which prevailed prior to 1888, they had not been executed in accordance with the formalities of this Act of 1888. He proposed therefore in Committee to endeavour to introduce a clause for the purpose of providing that the Trust Commissioner might grant a certificate on any dead executed by the Natives in accordance with the law in force at the time of such execution of the deed. That would be a necessary provision in order to enable these deeds to be investigated and inquired into. He trusted that the House, when in Committee, would allow such a provision to be inserted.
Mr. CARROLL said very important amendments had been made in regard to this Bill. To one of them be should like to invite attention, and that was clause 3, the first part of which stated,-
" The words ' to not more than twenty Natives,' in section five of The Native Lands Frauds Prevention Act 1881 Amendment Act, 1888' (hereinafter called the said Act '), shall not apply to laud not exceeding five thousand acres in area owned by Natives under Crown grant, memorial of ownership, or certificate of title under either a Native Land Court Act or a Land Transfer Act."
The effect of this would be to practically shut up a considerable portion of the North
sand, He thought that, in regard to purchases, it might be necessary to have some kind of limitation. He would agree to accept five thousand acres as the limit, but there was no such necessity whatever in regard to leases. He thought that the Natives should be allowed to lease any area they liked, because for any blocks of land which would not admit of subdivision the limit of five thousand acres would bar all transactions therewith, and if forced the whole value of the land would be eaten away by the expenses of survey, et cetera. He would like to ask the Minister, when the Bill was in Committee, whether he did not see his way clear to relaxing this portion of the clause, so far as to allow leases to be executed by the Natives without this ,limitation. He knew that on the East Coast especially there were blocks of ten thousand acres, seven thousand acres, and various other areas, of which, as a rule, there were a hundred or two hundred owners in each block. Now, it would be suicidal, so far as the interests of these owners were concerned,' if they bad to have such blooks subdivided into such portions as would admit them within the scope of the operation of this clause. The clause, in effect, would amount to nothing at all. They bad said that no transaction—no lease or salesbould be legal if the land so dealt with contained more than five thousand acres ; at the same time they said the twenty-owners restriction would not apply. They were taking it off with the one band and putting it on with the other. No practical benefit whatever could arise from these amendments, and when the Bill was in Committee be would take such steps as he thought proper with the view of effecting a change in this part of the measure.
Mr. TAIPUA hoped that when this Bill went into Committee it would still further be considered in the way of improving it. He Was not satisfied with it in its present shape ; but the Maori members, being only four, were not able to get their amendments inserted. They were not able to improve it as much as they would wish to do. He hoped the House would very carefully consider this Bill, and all other Bills which must either bring benefits to the Native people or the reverse. When this Bill Wu before the Native Affairs Committee he suggested that a Native Assessor should be associated with the Trust Commissioner, and the Native Minister accepted that proposal. He now found that his pet lamb had been left out, and only amendments made by the Government were inserted. What were the ideas of the Native Minister with regard to the pet lamb which bad been left out in the cold ?
Mr. BALLANCE would like to make an ex-Planation with reference to some observations made by the honourable member for the Eastern Maori District. The fixing of the maximum quantity of land at five thousand acres was a compromise made by the Native Affairs Committee. It was believed by the members of that Committee who were in favour of unrestricted dealings with Native land that five thousand acres would be a fair limit. A
very large number of blocks would the operation of the Bill if five were fixed as the maximum. That has been agreed to in the Committee before the honourable gentleman arrived. The objection of the honourable member would apply quite well to land which would pass through the Court in the future as it would to land which had already passed through the Court. He took it to be the opinion of the Committee that they should as far as possible prevent monopolies of Native land. That was why they fixed the amount at five thousand acres. The honour. able member said it might be desirable to lease larger blocks than blocks of five thousand acres. He (Mr. Ballance) did not think so. He thought five thousand acres was a very large area to lease as well as it was to sell. He admitted that if they were to judge from the custom in the past five thousand acres was a very small amount ; but he was sure that it would not now be a wise policy to encourage the alienation of large blocks of Native land either by sale or lease ; therefore he thought they should adhere to the margin of five thousand acres. If it was desirable to allow the Natives to deal with their lands all that had to be done was to promote subdivision. When eubdivjsion had taken place, then, when the Natives wished to sell or lease, they could combine to do so. If, say, there were a hundred Natives, the could combine in numbers of twenty in ewe' block and agree to lease to one individual. Th House must keep this in mind : that they were now advancing towards individualisation of title. He understood that the honourable member for the Eastern Maori District was in favour of individualisation-of the title of Native land. If they allowed an unlimited number of Natives to, be placed in one grant they would never approach to individualisation of title. When one man died, sometimes six or twelve names were put in the place of his. Instead of advancing towards individualisation, in some canes affairs were becoming more complicated. They would never attain to individualisation of title unless they adhered to the restriction on twenty names, and no more, being placed in the grant for each block. He hoped that, when the Bill went into Committee, honourable members would see the wisdom of what had been done by the Native Affairs Committee, and not allow the amendment to be altered in the direction suggested by the honourable gentleman. They had made a considerable concession in fixing the 'quantity of land at five thousand acres. He would not interfere with vested interests ; but the Committee bad made the concession of five thousand acres, and he hoped when. the House went into Committee it would adhere to it.
Mr. KELLY agreed with a great deal\_ of what the bonouable member for the Eastern Maori District had said. A number of the blocks of land on the East Coast, and in other districts, required an extent of twenty thousand acres, perhaps, to support a family, and it would be unpossible for the Natives to dispose of the land there in, small blooks. The Government
![]() |
4.401 413 |
▲back to top |
264 Native Lands Frauds [HOUSE.] Prevention Bill. [SEPT. 3
1889.] Selectors' Lands [HOUSE.] Revaluation Bill. 265
|
Tanner |
Ward |
Tellers. |
|
Turnbull |
Whyte |
Fish |
|
Walker |
Wilson. |
Mackenzie, T. |
Majority against, 19.
Motion negatived.
Sir G. GREY moved the following new clause :—
" Whereas in some regulations tinder which lands have been selected it has been provided that no selectors thereunder shall be entitled to subdivide or sublet their holdings, be it enacted that, after three years' residence on such holdings in the manner prescribed by the regulations under which the lands are held, it shall be lawful for any such selectors to sublet or subdivide their said holdings."
The Committee divided on the question, " That the clause be read a second time."
during the present year had surveyed
blocks on the East Coast, small runs of five thousand acres to seven thousand acres, and had advertised and put them up for sale in the usual way under the Land Act of 1887. None of these runs had ever been taken up ; and, unless the Natives holding land of a similar character could put it up in large runs, they would not be able to deal with their land. He approved of the proposal in the present Bill, and thought the honourable member for Wanganui was right in what he had said in regard to this point. The fixing of the quantity of land at five thousand acres was a compromise arrived at before the Native Affairs Committee. In Committee the House would be able, if it thought it desirable, to make an alteration in the direction recommended by the honourable , member for the Eastern Maori District and alter the area referred to.
Mr. PARATA said this Bill had been debated very fully before the Native Affairs Committee. He thought he was right in saying that it was an entirely new Bill as compared with the Bill when it was first introduced. Although the Native members did not get exactly all they wanted, still a step was made in that direction. For the present it would be well to experiment with the five thousand acres ; and hereafter, if it were found necessary to extend the area, the House could do so. When the Bill was in Committee he would have an amendment to propose.
Mr. FITZHERBERT would like to draw the Native Minister's attention to a question which had arisen under the Native Lands Frauds Prevention Act. The Act of 1888 made provision for a Trust Commissioner's Court, and the Trust Commissioner had to see, among other things, before he granted his certificate, that the consideration-money purported to be paid or given had been paid or given. Therefore before a conveyance came before him the purchaser must have paid for the deed and for the stamp, and, as honourable members were aware, 10 per cent. in addition to the ordinary stamp duty was charged in these cases. Having done that, and paid the money to the vendor, he went to the Trust Commissioner and applied for his certificate. That certificate, for various reasons, might be either refused or granted, and if it was refused the money was probably lost altogether. He knew of two cases which had occurred recently. In one case a woman sold a piece of land for £150. The purchase-money was paid, the stamp duty was paid, and the purchaser went before the Trust Commissioner. The woman objected to the certificate being granted ; and it appeared that subsequently to her sale to this particular individual she bad sold to another person : she had reoeived consideration-money from one person and sold to another. There was a great deal of delay and inconvenience ; but finally the certificate was granted. In another case a similar thing occurred : man first sold to one person
and then he sold person in this
ease the certificat granted to the person
who last purchased, the prior purchaser lost
Mr. Kelly
his land and his money. That was a great hardehip, and that state of things should be remedied. The Trust Commissioners themselves said it would be much better if the consideration-money were placed in the hands of a third person until the Trust Commissioner bad considered the matter and either refused or granted his certificate. Of course, as soon as the certificate was issued the money could be paid to the vendor. In case the certificate were not granted, the purchaser, he presumed, would have the money returned to him. It would be a safer plan for both parties that the money should be held in that way, instead of being paid over as it was at present.
Sir G. GREY said it had been urged that they were not approaching very rapidly to the individualisation of the land in this country because when land had been registered in the name of one Native and he died immediately some seven or eight names took the place of that one ;—that was to say, the property became divided amongst his heirs, and the share of each of those heirs was entered in the name of one person. He would observe, upon that, that a perfectly natural process of subdivision bad been taking place. Fortunately, a mah could not carry his property out of this world with him, and when he died it was usually divided among his relatives; and in all countries he was acquainted with they looked upon that subdivision of property es one of the greatest advantages to the community which could possibly take place. He did not think it would be wise to attempt, as they were doing in that Bill, to prevent such. a natural process from being carried on. Those honourable members who knew the Old Country would be aware that the one effort of a wealthy man in that country was to manage to entail the whole of his landed property upon some one individual, and in that way to create what they regarded as great families. On the other hand, the whole process of the English law, and all attempts recently made, had been to prevent a man of great landed property from making entails of that nature. They had been gradually limiting the power in that respect, and thereby succeeded in getting large properties greatly reduced ; and that process was continually going on, and the advantage was that other persons had a much greater' chance of buying land. If a great landed estate were divided between seven or eight individuals it was almost certain that some of them would be prepared to dispose of their shares ; and the public had thus a much greater chance of benefiting than if the whole estate were entailed and the land were to pass from generation to generation through the bands of single individuals. By holding great estates men necessarily acquired great wealth and power in the country where they resided; and he should be very sorry indeed to see that system set up in this country, when such great pains had been taken by previous legislation to destroy and break it down. He therefore hoped the House would not lend itself to any attempt to allow great landed properties to remain in the names of certain individuals.
Mr. SMITH would like the Minister to say what he was going to do with reference to putting the Frauds Commissioners in each district on the same footing as to holding inquiries. At present they acted quite differently in some districts from what they did in others; consequently there was great dissatisfaction : and sometimes a great deal of expense was incurred by the way in which inquiries were held. He hoped the Minister would be able to say that there would be new rules, so that every district would be under the same system.
Mr. MITCHELSON said it was the intention of the Chief Judge to have regulations prepared for the guidance of Trust Commissioners throughout the colony, so as to insure uniformity. With regard to the request of the honourable member for the Western Maori Distriot, the honourable member was no doubt aware that when the Bill was before the Native Affairs Committee he (Mr. Mitchelson) said that he would consider whether he would put in such a clause as that asked for by the honourable member; and he should have much pleasure in moving its insertion when the time came in Committee.
Bill committed.
SELECTORS' LANDS REVALUATION
BILL.
IN COMMITTEE.
Sir G. GREY moved to add the following new clause :-
" Whereas in certain cases perpetual or long terms of occupation have been by regulations imposed upon the selectors or holders of small sections of land, be it enacted that, in all cases where, under any regulations, the occupation of lands selected is required, such conditions of occupation shall be held to have been fully complied with, and to have no further force or effect, if the selector or holder shall have occupied the said lands for three years in the manner prescribed by the regulations under which it is held."
The Committee divided on the question, "That the-clause be read a second time."
|
|
Alms, 19. |
|
|
Brown |
Kelly |
Thompson, R. |
|
Duncan |
Lawry |
Thompson, T. |
|
Fraser |
O'Conor |
Verrall. |
|
()oldie |
Perceval |
|
|
Grey |
Reeves, R. H. J. |
Tellers. |
|
Grinimond |
Seddon |
Hobbs |
|
Hutchison |
Taipua |
Moss. |
|
|
Nome, 98. |
|
|
Ballance |
Harkness |
Moat |
|
Barton |
Hislop |
Monk |
|
Blake |
Izard |
Ormond |
|
Buchanan |
Jackson |
Rhodes |
|
Buxton |
Jones |
Richardson, E. |
|
Dodson |
Kerr |
Richardson, G. |
|
Feldwick |
Merchant |
Samuel |
|
Fitzherbert |
McGregor |
Saunders |
|
Fulton |
McKenzie, J. |
Seymour |
|
Graham |
Mitchelson |
Steward, W. J. |
|
|
AYES, 15. |
|
|
Buxton |
Monk |
Thompson, T. |
|
Duncan |
O'Conor |
Verrall. |
|
Grey |
Reeves, W. P. |
Tellers. |
|
Hobbs |
Taipua |
Brown |
|
1 Hutchison |
Thompson, R. |
Moss. |
|
Lawry |
|
|
|
|
NOES, 32. |
|
|
Reliance |
Izard |
Richardson, G. |
|
Barron |
Jackson |
Samuel |
|
Buchanan |
Jones |
Saunders |
|
Carroll |
Kerr |
Seymour |
|
Dodson |
Mackenzie, T. |
Tanner |
|
Feldwick |
McGregor |
Ward |
|
Fish |
McKenzie, J. |
Whyte |
|
Fulton |
Mitchelson |
Wilson. |
|
Graham |
Moat |
Tellers. |
|
Hall |
Ormond |
Merchant |
|
Harkness |
Richardson, E. |
Rhodes. |
Majority against, 17.
Motion negatived.
Mr. HOBBS moved to add the following new clause :—
"Every selector under the village-homestead special-settlement system shall have the same right to acquire the freehold of his laid as the holder of a perpetual lease under The Land Act, 1885,' and its amendments."
The Committee divided on the question, " That the clause beoread a second time."
|
|
AYES, 24. |
|
|
Duncan |
Mackenzie, T. |
S.-Menteath |
|
Fraser |
Marchant |
Taipua. |
|
Goldie |
Moat |
Taiwhanga |
|
Grey . |
Monk |
Thompson, R. |
|
Grimmond Guinness |
Moss Ormond |
Thompson, T. Tellers. |
|
Hislop |
Parata |
Bruce |
|
Lawry . |
Rhodes |
Hobbs. |
|
Mackenzie, M. |
|
|
|
|
Noss, 36. |
|
|
Anderson |
Fergus |
Jackson |
|
Bellance |
Fitchett |
Jones |
|
Buchanan |
Fitcherbert |
Kelly |
|
Buxton |
,Fulton |
Kerr |
|
Cadman |
Graham |
Macart |
|
Dodson |
Harkness |
McGre |
|
Feldwick |
Izard |
|
![]() |
4.402 414 |
▲back to top |
" That, as the Shed is essential to the
proper working of the Committee recommend that the Government take it by Proclamation according to Act; and, failing any arrangement being come to between the Railway Commissioners and the Harbour Board, that the case be taken into the Compensation Court."
It seemed to him that, as Mr. Maxwell said it was strongly advisable they should have the use of this shed, they would be doing very wrong to hand it over to the Harbour Board; and so he had moved that amendment. He might say that the amendment was defeated by eight to two Several members of the Committee were absent, and he did not know how they would have voted ; but ten were present. He felt bound to enter his protest against this shed being handed over to the Harbour Board.
Sir J. HALL would ask how this question could be put, and the honourable gentleman fairly answered. He would like to know whether they could go into the subject now, because he thought it had been recently ruled that it was not desirable the consideration of a report should be gone into immediately on its presentation.
Mr. SPEAKER said that, as the question was that the report do lie on the table and be referred to the Government for consideration, it was of course open for debate ; but the more regular course when reports were brought up was to fix a subsequent day for their consideration. The practice of debating reports when brought up ought to be discouraged, as one that afforded opportunity of taking the House by surprise.
Sir J. HALL did not know whether it was proposed to take any steps which would afford another opportunity for this matter being discussed. If it was not, he would feel bound to say a word or two in reply to the honourable gentleman; but he had no wish to precipitate a debate at the present time, because the honourable gentleman had come, no doubt, prepared to debate the question, whereas other honourable members had not. He therefore moved the adjournment of the debate.
Mr. MITCHELSON said the Government would consider the question of giving an opportunity to the House for the discussion of the matter. He was personally acquainted with the whole of the matter which was referred to the Public Accounts Committee, and had come to a conclusion which he thought would be a proper solution of the difficulty ; but the Railway Commissioners were not of the same opinion, as they considered that the Harbour Board had no legal claim to the Gladstone Pier sheds. He thought the Lyttelton Harbour Board was entitled to some consideration. Several attempts had been made by various Governments to settle the matter, but without
success.
Debate adjourned.
J. MYNOTT AND OTHERS.
Mr. SAMUEL desired to bring 'before the House a matter with which its privileges were Mr. Wilson,
intimately concerned. In the early part of the session a petition was brought to him signed by John Mynott and several others, who were residents of New Plymouth, and therefore constituents of his own. The honourable member for the Hutt brought the petition to him and courteously placed it in his hands previously to presenting it to the House, and said, at the same time, that he had been asked to present it. He could raise no objection to the honourable member presenting the petition, because he took it that the persons signing it thought that he, as member for the district, did not approve of the views set forth in the petition. That petition was examined by the Public Petitions Committee; and, whilst there, several per- sons, whose names were affixed to it, represented to the Chairman that they had been lad to sign the petition by misrepresentation of its character. The Committee investigated the matter, and found that the prayer of the petitioners had not been proved ; and they made no recommendation upon it. He would read a letter, in order that it might be put on record, from one of those who had signed the petition of John Mynott—
Mr. SPEAKER.—Is the honourable gentleman making a personal explanation ?
Mr. SAMUEL said, No ; but be took it that it was a gloss contempt of Parliament, and an abuse of the privilege of petitioning the House. The writer of this letter said,-
" Apology : I, John Hooper, desire publicly to offer my sincerest apologies to Messrs. Corkill, King, and Bauohope for having, although unwittingly, allowed my name to be used in connection with a petition presented to the House of Representatives by Mr. H. S. Fitzherbert, M.H.R., which I have only to-day learned contains serious and unfounded allegations against those gentlemen. I was induced by John Mynott to sign a blank sheet of paper, which he represented was to be used in support of a petition for a totally different purpose from the one which it appears he actually sent to the House, and of which I have this day read a copy.
" As an honest man, I feel bound to make
this explanation and apology, which is entirely voluntary.
" New Plymouth, 31st August, 1859.
" Joust HOOPER.
" Witness : C. Rennell, J.P."
He thought it was perfectly clear that there had been a contempt of the House and an abuse of the privilege of petitioning. When a person improperly obtained the signature of another person to an instrument in any Court of justice, there were means for punishing such gross contempt; but, unfortunately, the means by which Parliament could punish such contempt were so cumbrous that probably no punishment could now be applied here. But, at any rate, he would like to place on record the fact that this person whose name appeared to the petition did not understand the petition which was presented, and that he merely signed a blank piece of paper under representations that proved to be false. Possibly the publicity
would be given by his statement would
sufficient shame to fall upon persons who endeavoured to get others to sign a petition under false representations, so that they would take care in future not to abuse the privileges of Parliament aS this man had done.
Mr. SPEAKER thought the proper course to take, if the petition generally was improperly signed, would be to move that the petition be withdrawn from the records of the House ; but whether the fact of a single individual's signature only having been wrongfully obtained was sufficient to justify the honourable member in moving that the petition be withdrawn from the records of the House, he was not prepared to say. He was not informed that this matter was coming up: if he had been so informed, ho would have looked carefully into the petition and endeavoured to obtain more information about the petition and the circumstances under which it was presented than he was now in possession of.
Mr. T. THOMPSON, as Chairman of the Public Petitions Committee which considered this petition, would like to explain that a num- ber of signatures appeared to have been obtained to a sheet of paper which was attached to the petition afterwards. Since the petition bad been before the Committee at least four gentlemen had written from New Plymouth asking permission to withdraw their names from the petition, es their signatures were obtained from them without their having a full knowledge of the contents of that document. They bad no idea at the time they signed the petition that it contained allegations against certain gentlemen.
Mr. SPEAKER said it seemed to him a very bad case.
Mr.FITZHERBERT said he was responsible for presenting the petition, but he knew nothing about it except that he was asked by a gentleman in Wellington to present it. The petition bore the signatures of a number of gentlemen ; they were apparently genuine signatures, and had evidently not been written by the same person. Of course be did not accept any responsibility about the petition ; he knew nothing about it except that he was asked to present it by the gentleman in Wellington. Before presenting the petition he took it to the honourable member for New Plymouth, and asked him if he knew anything about it. The honourable gentleman took the petition, and afterwards said he might present it.
Mr. SAMUEL said that at this late period of the session he did not intend to make any motion; but petitioners should learn that some care must be exercised in obtaining signatures. Perhaps what had transpired would deter others from following the course which this man had adopted:
Mr. SPEAKER said honourable members presenting petitions could not dives them selves of responsibility. It was their duty to
s
satisfy themselves that a petition was bond fide. If honourable members were to present petitions about which they bad any doubt con-
would be abusing the confidence the House
reposed in them. Therefore a consid
amount of responsibility attached to able members with regard to petitions which they presented. Of course they might be imposed upon, but they should take care as far . as possible to see that they were not imposed upon.
Mr. T. THOMPSON said that, in justice to the honourable gentleman who presented the petition, he might state that no precaution on his part would have avoided what bad taken place. He could not possibly be made responsible for the petition in the shape it was presented. This sheet of paper must have been attached after it was signed, and the honourable member for the Hutt could not have been aware of the manner in which the signatures were obtained. At the request of the persons who objected to their names being retained on the petition their names were removed, and in considering the petition no weight was attached to the names so removed. The subject-matter of the petition was dealt with in the same manner as though they had not signed it.
Mr. SAMUEL did not at all blame the honourable member for the Hutt,—except that the person who handed in the petition to him might not have been of such a character as to lead him to believe the petition was a proper one to present without further inquiry.
Mr. HOBBS would ask whether an individual could sign a blank piece of paper, and then come to the House and' make a statement like that, without deserving condemnation.
Mr. SPEAKER said a person obtaining a signature in that way deserved to be punished for it, because he committed a gross breach of privilege. However, he desired the matter yo close, as there was no motion before the House.
WARD-CHRISTIE CORRESPONDENCE, Mr. BALLANCE.—Before proceeding to the orders of the day, I should like to ask the Pre- mien a question. I understand that a report has been brought down in the other branch of the Legislature which affects very intimately a member of this House—a member of the Ministry ; and I should like to ask the Premier whether it is the intention of the Government to place a oopy of that report upon the table of this House.
Sir H. A. ATKINSON.—No ; it is not the intention of the Government to take any step of the sort.
NATIVE LANDS FRAUDS PREVENTION
BILL.
IN COMMITTEE
The Committee divided on the question, " That the following new clause be read a second time 5. The Trust Commissioner shall inquire into the nature of the consideration paid or given in respect of any alienation, and shall refuse a certificate if, in his opinion, the consideration is not reasonably sufficient.'"
![]() |
4.403 415 |
▲back to top |
272 Supply. [HOUSE.] Supply. [SEPT.4
1889.1 Supply. [11011SE Supply. 278
|
|
AYES, 31. |
|
Allen |
Harkness O'Couor |
|
Anderson |
Hobbs Rhodes |
|
Ballance |
Hutchison Richardson, G |
|
Barron |
Izard Taipua |
|
Bruce |
Jones Taiwhanga |
|
Cowan |
Larnach Valentine |
|
Dodson |
Lawry Wilson. |
|
Feldwick |
Mackenzie, M. |
|
Fish |
McGregor Tellers. |
|
Fisher |
Mitchelson Carroll |
|
Hall, |
Monk Parata. NOES, 37. |
|
Blake |
Moat Taylor |
|
Buchanan |
Moss Thompson, R. |
|
Duncan |
Newman Thompson, T. |
|
Fraser |
Ormond Turnbull |
|
Fulton |
Peroeval Verrall |
|
Goldie |
Richardson, E. Walker |
|
Graham |
Ross Ward |
|
Hodgkinson |
Samuel Whyte |
|
Jackson |
Saunders Withy. |
|
Joyce |
Seymour |
|
Kelly |
Smith Tellers. |
|
Kerr |
Steward, W. J. Cadman |
|
Loughrey |
Tanner Fitzherbert\_ |
majority against, 6. New clause negatived.
Progress reported.
SUPPLY.
CLASS X.---MINES AND LANDS DEPARTMENT.
Vote, Mines Department, £1,520, agreed to.
Geological and Meteorological Department, £3,250.
Mr. GOLDIE noticed that there was an increase of 425 in the salary of the Analyst, £50, in the salary of the Weather Reporter and Examiner of Masters and Mates, and £20 in the salary of the Field Assistant. The " Contingencies" for this year were set down at £500 as against £200 for last year, of which only £154 had been spent. The House made a great mistake in allowing these large sums for "Contingencies," which amounted altogether to some £78,000 in the various departments,—more especially as the Government had power to expend £100,000 under the head of "Unan. thorised expenditure." He moved to reduce the vote by £395.
Mr. HOBBS thought the Minister in charge should explain the reason for the increases. If the times were better, and we could afford to give increases, they should be given in all departments, so that all might be treated alike.
Mr. G. F, RICHARDSON said the Committee were under a mistake with regard to these alleged increases. The only increase in the vote now before the Committee was that in the salary of the Field Assistant.. The Analyst, who had an apparent increase of £25, received last year a sum out of a vote set down under the head of " Meteorological." In this ease a total sum was set down as salary. With regard
to the Examiner lasters and Mates, the
apparent increase salary was only what lie received last year from another department.
In regard to the increase in "Contingencies," if honourable members would look opposite the items " Wood-engraver " and "Taxidermist," they would find the sum of £187 voted ,in each case. These officers were paid by the week or day, and it was thought advisable, instead of making permanent Civil servants of them by putting them on the estimates in this way, to include them in the "Contingencies."
Mr. TAYLOR thought it was well to amalgamate items as much as possible in this way, for the sake of convenience.
Mr. FISH did not think the item "Contingencies " was too large, in view of the Minis. ter's explanation, but objected to the increases in salaries.
The Committee divided on the question, "That the vote be reduced by £395."
Majority against, 25.
Motion negatived, and vote, £3,250, agreed to. Stock Branch, £29,289.
Mr. J. McKENZIE would like the Minister of Lands to explain to the House the reasons which had induced him to change the Sheep Inspectors throughout the colony during the last twelve months. Some of these officers had been changed just when their local knowledge was most valuable at the place at which they had been stationed, and others who had no acquaintance with the district were put in their place. In the annual report sent to the Minister it was stated that the rabbits were decreasing, while, if they looked at the statistics, they found that no less than twelve million rabbitskina had been exported during the year. Year after year they had the same statement from these Inspectors—that the rabbits were decreasing—and yet the export of rabbitskins was increasing. He hoped the Minister would give some reason for the changes made in the Otago District especially, for that was the one in which he was most interested.
Mr. KERR said the thing that interested him most was the scab, and he would like to know why it was the Chief.Sheep Inspector, whom it bed been determined last year to get rid of, bad been kept in a billet, if he was not doing his duty. This Mr. Beyly went down to the Weimar District and told the local Inspector there that he was to declare the sheep clean—that he was to go up into the district and give a clean certificate. The Inspector refused to go, and then he was ordered in writing to do so, and of course he was forced to go, and had to give a certificate that there was no scab in the district. Five weeks afterwards; when the people there were prepared for him, he went up and found scab in the very flock for which he was told to give a clean certificate. If that sort of thing was to be done, how were They to get rid of scab ? The fact was, scab would never be eradicated so long as men like this one were kept in office. His (Mr. Kerr's) flocks had been free from scab longer than had those of any other man in the Nelson District ; but within the last week be had received a telegram stating that a flock of his was infected, and that such was the case was owing to Mr. Bayly ordering the Inspector to go up and give this clean certificate : some of the sheep in the. flocks for which the certificate had been given were sold the other day, and were afterwards found in his flock. This Chief Inspector had been taken away from his district, and had told the Minister he was sure the House was doing him an injustice, that the colony as a whole was clean, as far as he was concerned, and if they would let him stop in for one more month every flock in Marlborough would have a clean certificate. No doubt they did get one ; but to give it was a mistake, and it would put him' to the expense of several hundred pounds to correct that mistake. The Minister was very much to blame in keeping this Mr. Bayly on after. the House had stud it would have nothing more to say to him. However, they had taken him away from the Nelson District, after he had done all the harm he could, and sent him to Auckland, where they appeared to be welt pleased With him. When he first came into the service he gave the very gentleman of whose sheep he (Mr. Kerr) was now speaking a certificate for, sheep to travel, and he stopped them on 'the boundary of his run, and kept them there for five days, until the local Inspector came up. No Sheep Inspector in the world could tell they were infected, because they were wild sheep, and were shorn and dipped and put all right before the Inspector saw them. They all that the part of the country from whence these sheep bad come was dirty ; but, the Inspector having given certificate, they could do nothing. It was a bad thing for those to whose district this Inspector had gone, for he knew he would cost them thousands of pounds before he had done. He (Mr. Kerr) was the only man who for years had had a clean flock in the district, but directly this Inspector carne he allowed beep to travel, and then his flook got the scab Ras it fair to keep such a man in the service'? The Stock Committee this year, and the Committee of last year, were aware that what he was saying, was borne out by evidence. He hoped that efficient, men would be got, and that they would be paid proper salaries.
Mr. FISH noticed that, while £40,000 had been expended last year in this department, the proposal now was to vote £29,000. He would like to know how the expenditure came to be so largely reduced:
Mr. G. F. RICHARDSON said the reduction was made principally on two items. Under the item "Expenses of working Cattle, Rabbit, Sheep, and Brands Acts," there was a saving of £6,000; and another large item of expenditure last year was the vote for the erection of the South Canterbury rabbit-proof fence. The honourable member for Waihemo asked the reason for shifting the Inspectors through. out the colony. It would be remembered that this matter was gone into exhaustively last session by the Stook Committee. With the proposals of that Committee the Government concurred, and so, instead of voting one Superintending Inspector for the Head Office, with officers' throughout the colony under him, one Sheep Inspector had been appointed in each of six districts; who was held responsible for his tubordinates. Sufficient time had not gone by to fully test the change ; but the result, he thought, would be satisfactory. The honour- able member for Motueka must acknowledge that the change made had not been to the detriment of his district, and must be satisfied that the management of stock there now was in the hands of a good practical man. Though he regretted that scab bad appeared again in that district, he felt sure that they would soon see the last of it.
Mr BUCHANAN said that, while the Inspector in charge of the Wellington District got a salary of £400 Inspector Simpson, of the Rangitikel District, and who had 'had twenty-five years experience
in the department, and Inspector of the Wairarapa District, who had had very large experience, and whose services were well known to be of the highest class, only received salaries of about £200 per
anum. He would ask attention services of these gentlemen entitled them to greater considers-
RICHARDSON replied that Inspector, Simpeon had a salary of £225, and £100 travelling
Mr COWAN asked the Minister if it was his Intention to take steps to recoup. the public Purse for the outlay upon the South Canterbury of fence, which had coat £18,000. He should he imposed upon that Consolidated Fund for The district from which he came with rabbits for the last end the of property there had had,to provide their own rabbit proof
G.F. HICHARDSON thought the
the South Canterbury of the best business investments had ever made. There
|
|
AYRS, 20. |
|
|
Ballance |
Lawry |
Verrall |
|
Barron |
Loughrey |
Walker |
|
Blake |
McKenzie, J. |
Ward |
|
Duncan |
Monk |
Withy. |
|
Fitchett |
Saunders |
Tellers. |
|
Harkness |
Thompson, T. |
Goldie |
|
Kelly |
Turnbull |
Hutchison. |
|
|
NOES, 45. |
|
|
Anderson |
Izard |
Richardson, G. |
|
Atkinson |
Jones |
Ross |
|
Brown |
Joyce |
Samuel |
|
Bruce |
Kerr |
Seymour |
|
Buchanan |
Macarthur |
Steward, W. J. |
|
Buxton |
Mackenzie, M. S.-Menteath | |
|
Carroll |
Merchant |
Taipua |
|
Cowan |
Mitchelson |
Tanner |
|
Fergus |
Moat |
Taylor |
|
Fraser |
Newman |
Thompson, R. |
|
Fulton |
Ormond |
Valentine |
|
Graham |
Parata |
Whyte. |
|
Hall |
Reeves, W. P. |
Tellers. |
|
Hobbs | ||
|
Rhodes |
Fish | |
|
Hodgkinson |
Richardson,E. McGregor. | |
|
Humphreys |
Majority against, 25.. | |
![]() |
4.404 416 |
▲back to top |
|
|
|
|
|
|
Merchant |
Stewart, W. D. |
|
Brown |
McGregor |
S.-Menteath |
|
Buchanan |
Mitchelson |
Taipua |
|
Cadman |
O'Conor |
Thompson, R. |
|
Carroll |
Ormond |
Verrall |
|
Cowan |
Rhodes |
Whyte |
|
Dodson |
Richardson, G. |
Withy.. |
|
Fergus |
Ross |
|
|
Humphreys |
Russell |
Tellers. |
|
Kelly |
Saunders |
Fish |
|
Lawry |
Seymour |
Graham, |
lowing day. it was the Native
members who s have every opportunity given them of considering all the clauses of this measure. He had been on the Committee himself, and was quite satisfied the Bill should be gone on with ; but, at the same time, he felt that a case had been made out by the honourable member for the Western Maori District in favour of an adjournment. That honourable gentleman had not bad the advantage of understanding everything that was said or done on the Committee, and, for some reason or other, the translation of the clauses bad not yet been received. He asked that time should be given that honourable gentleman to know what had been done. As he had said, he was not one who was going to allow a Bill to pass without understanding it, and, that being so, it was quite reasonable that he should ask for an adjournment.
Mr. TAIPUA wanted to point out that, according to the rules of the House, Bills affecting the Natives must be translated before they were proceeded with. He was only asking for what was really provided for by the Standing Orders. His objection to proceeding with the Bill was based on one of the rules of the House. Perhaps some honourable members thought that, as it was a Bill relating to Native land, it was a small matter and could be hurried through.
Mr. MITCHELSON would ask the honourable gentleman to withdraw the amendment and allow the Bill to go into Committee. There were a number of clauses in it that were simply machinery clauses and did not affect any great question, though, in the opinion of the Native Affairs Committee, necessary and beneficial amendments to the existing law. If the Bill were committed, when they came to the series of clauses which referred to the appointment of a Commission—which, he supposed, were the clauses objected to on account of the Native members not having received a translation of them—if the honourable member would allow the Bill to be committed and the first clause passed, and then asked to have further consideration postponed, he would be very glad to accede to the request.
Sir G. GREY must repeat the view he had previously expressed, that this was one of the most important measures that had ever been introduced into the House. It concerned the whole European population. He believed the effect of the Bill would be to give to one or two persons vast estates, to the exclusion of several thousands of families—that it simply meant to shut up a great extent of country against occupation, and to put it into the hands of private persons, end, he believed, under circumstances which were almost unparalleled. Therefore he was very sorry the adjournment had not been allowed. He supposed there was no chance of carrying it against the Government, but be should have preferred the discussion to have taken place before going into Committee, and that all should have had an opportunity of speaking. Of course, they would do their utmost to improve the Bill when it went into
Mr. Carroll
Committee, but he still thought it would be better to allow it to be committed on the following day. Such a debate as was necessary could not take place in such a thin House. Honourable members did not know that the Bill was coming on so rapidly, and it was by mere chance that he had come into the House.
The House divided on the question, "That the debate be adjourned."
AYES, 17.
|
Allen |
Lawry |
Thompson, T. |
|
Barron |
Mills |
, Verrall |
|
Duncan |
Moss |
Wilson. |
|
Feldwick |
Parata |
Tellers. |
|
Fraser |
Perceval |
Carroll |
|
Grey |
Samuel |
Taipua. |
|
|
NOES, 32. |
|
|
Anderson |
Graham |
Saunders |
|
Atkinson |
Hall |
Seymour |
|
Ballance |
Hamlin |
Steward, W. J. |
|
Blake |
Hobbs |
Tanner |
|
Brown |
Humphreys |
Thompson, R. |
|
Buchanan |
McGregor |
Walker |
|
Buxton |
Mitchelson |
Whyte |
|
Cadman |
Moat |
Withy. |
|
Cowan |
Ormond |
Tellers. |
|
Fish |
Richardson, G. |
Kelly |
|
Fulton |
Russell |
Rhodes. |
Majority against, 5.
Motion negatived.
Bill reported, and read a third time.
DEFENCE APPOINTMENTS.
Mr. FISH desired to put a question to the Defence Minister with regard to a paragraph which had appeared in that evening's paper. It was of a sufficiently grave nature to justify the House in ascertaining whether there was any truth in it or not. It was headed " Defence Scandal," and was as follows ;—
ments " The unpopularity of certain staff appoint-
made in the Defence Force of the colony during the recess has more than Once been commented on in these columns and re-
ferred to in Parliament. A new feature in connection with them has now come to light, which will certainly cause a good deal more discussion. It seems that the Defence Minister was not content with giving the promoted ones their mere commissions, but, in an excess of generosity, he provided them also with the uniforms suited to their rank, these uniforms being of correct staff pattern, and obtained from England at a cost to the colony, it is said, of £900."
He wished to ask the Minister whether that statement was true or not.
' Mr. FERGUS said the statements in the Evening Post as far am regarded the Defence Minister were about as correct as were the statements in the Financial News in regard to the finances of New Zealand. He was happy to inform the House that there was very little truth in the whole thing. Hie attention had been called to the matter, and he would state what were absolutely the facts of the case. When it became the painful duty of the Government to dispense with a number of officers of the Defence Force--Colonel Roberta, Major Gascoigne, Captain Baker, Captain Capel, and Surgeon Campbell—it came under the notice of Ministers that those gentlemen had a short time previously provided themselves with new uiforms, at a total cost to themselves of £186. These gentlemen thought it was unfair that they should be charged with the cost, seeing that they would not have the pleasure of wearing the uniform nor be in the pay of the country, and they made application as to whether some consideration should not be extended to them. He thought that was a reasonable and fair request on their part, and he accordingly agreed to refund them the £186 When these uniforms were returned to store ;
and-£30 was paid for parts of other uniform' respect of other officers who had resig There bad also been new uniforms through other officers having been dispensed with, including Major-General Sir G. S. Whitmore. In his place Colonel Hume was appointed to the head of the Volunteer Force. He received no remuneration at all for his services, but only increased duties and be (Mr. Fergus) thought it only right and fair that he should have a uniform given to him in which to attend to his duties ; and he received the major portion of uniform in store, for which £31 1s. 60. had been paid. Other two officers had lied increased duties put upon them, and they also received consideration to the extent of £81 15s. 6d. This was paid in respect of gentlemen who had had extra duties cast upon them, which they were performing without increased salary. The uniforms had come into, store, and they were given when required by the gentlemen who had taken upon themselves increased duties. The remainder of the uniforms remained in store, and were available for officers who might require them. He might say that, if be saw sufficient reason,—such reason as had existed in these particular eases,—he should deem it judicious to issue free uniforms to other gentlemen in similar circumstances. He was sorry the persons who had put that flagrant paragraph in the newspaper had not made inquiries at the Defence Office, when the-facts would have been placed at their disposal. As for nine hundred pounds' worth of uniforms having been ordered by him, he had never ordered one single uniform since he had been in office, and had not spent one-tenth of that amount. He was glad the honourable member for Dunedin South had put this question and thus enabled him to rectify this mistake. It was said that if you gave a lie twenty-four hours' start you could never overtake it; fortunately in this case it had only three or four hours' start.
HONORARIUM.
Mr. SPEAKER.—I wish to bring under the notice of the House a complaint that has been made to me by one of the members of the House. Application was made to me for an advance by an honourable member in respect of honorarium, and I immediately requisitioned the Treasury to pay what the honourable gentleman was entitled to ; but on the order being presented the Treasury would not act upon it. The member was informed that the money had to be applied to other purposes. This is the first time that I have known of any attempt to interpose between the Speaker's order and the payment of money to a member, and I have thought it right to bring the matter under the notice of the House. It is a matter of importance on account of the principle rather than in respect of the amount involved in the money.claim, and I think it is right that-the House should he aware of what has been done, so that it may take any steps which it deems necessary to prevent interference be, tween the Speaker, acting under the authority
|
|
PAIRS. |
|
|
For. |
|
Against. |
|
Anderson |
|
Goldie |
|
Joyce |
|
Fulton |
|
Loughrey |
|
Mills |
|
Mackenzie, T. |
|
Monk |
|
Wilson. |
|
Valentine. |
Majority against, 15.
Motion for adjournment negatived, and Bill committed.
NATIVE LANDS FRAUDS PREVENTION
BILL.
IN COMMITTEE.
Mr. FITZHERBERT, moved the following new clause :—
"Notwithstanding anything contained in section four of ' The Native Lands Frauds Prevention Act 1881 Amendment Act, 1888,' it shall be sufficient for the Trust Commissioner to be satisfied that the consideration purporting to be paid or given on the alien', tion of Native lands has been paid or given to him or some person to be appointed by him ; and such consideration shall, in case the certificate be granted, be paid to the vendor, and, in case it be refused, be repaid to the purchaser."
The Committee divided on the question, "That the clause be read a second time."
|
|
AYES, 20, |
|
|
Allen |
Grey |
Seddon |
|
Ballance |
Grimmond |
Steward, W. J. |
|
Barron |
Kerr |
Taiwhanges |
|
Blake |
Mackenzie, M. |
Tanner |
|
Bruce |
McKenzie, J |
Taylor |
|
Duncan |
Parata |
Thompson, T. |
|
Feldwick |
Perceval |
Tellers. |
|
Fisher |
Reeves, W. P. |
Fitzherbert |
|
Fraser |
Richardson, E. |
Samuel. |
![]() |
4.405 417 |
▲back to top |
THE NEW ZEALAND GAZETTE.
[No. 7
180
Given under the hand of His Excellency the Right Honourable William Hillier, Earl of Onelow, of Onslow in the County of Salop; Viscount Cranky,of Cranky in the County of Surrey ; Baron Onslow, of Onslow in the County of Salop, and of West Clandon in the County of Surrey ; Baon Cranky, of Imbercourt ; Baronet;. Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George ; Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same ; and issued under the Seal of the said Colony, at Auckland, this fourth day of February, in the 'year of our Lord one thousand eight hundred and. ninety.
G. F. RICHARDSON,
(For the Minister for Politic Works.)
SAVE, THE QUEEN
•
Lands -taken for a Road to Ballast Quarry at Omahu,
Thames.
ONSLOW, Governor.
A PROCLAMATION.
WHEREAS the lands mentioned in this Schedule hereto
are required to be taken, under "The Public Works Act, 1882," end its amendments, for a certain work, to wit, the construction of a, read to a ballast quarry at Omahu, Thames:
And whereas the Minister for Public Works has laid before the Governor the memorial, accompanied by a map, as re- quired by the said Act and the amendments thereof :
Now, therefore, I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities in me vested by
The Public Works Act, 1882," and of every other power and authority in any wise enabling me in that behalf; do hereby proclaim and declare that, from and after the date of the publication hereof in the New Zealand Gazette, the lands mentioned in the Schedule hereto are hereby taken for the purposes of the construction of the said road.
|
SCHEDULE. THE several parcels of, land mentioned in list hereunder :- |
|
Approximate Area of each of Situated Situated the Parcels of Being Portion o f in Block in the Surrey Land required Portion No. District of to be taken. |
|
A. B. P. 3 0 16 Oman West No. 2A Waihou. (2899A) |
|
1 3 14 Omaha West No. 2B IV. Weihon. (2899B) |
All in' the Provincial District of Auckland , as the said
parcels-of land are more particularly delineated on the plan
marked P.W.D. /6810, deposited in the office of the Estimate)
for Publics Works, at Wellingon; in the Provincial District
of Wellington, and thereon coloured red and green..
Given under the' hand of His Excellency the Right Honourable William Hillier; Earl of Onelow, of Onslow in the County of Salop Viscount Cranley. of Cranley in the County of ' Surrey ; Baror Onalow, of Onslow in the County of Salop, eat of West Clandon in the County of Sumer, Barer Cranky, of Imberoourt ; Baronet ; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George ; Governor and Corn-mander in-Chief in and over Her Majesty's Colan) of New 'Zealand and its Dependencies; and Vice Admiral of the same ; and issued under the Seal of the said Colony, at Auckland, this fourth day of February, in the year of our Lord one thousand eight hundred and ninety.
G. F. RICHARDSON,
(For the Minister for Public Works.)
GOD SAVE THE QUEEN !
Altering Boundaries of Resident Magistrate's District of
Kaipara, and abolishing District of Whangarei.
(L.S.) ONSLOW, Governor.
A PROCLAMATION.
WHEREAS by "The Resident Magistrates Act, 1867,'' it is enacted that it shall be lawful for the Governor from time to time, by Proclamation in the New Zealand
Gazette, to constitute throughout the colony, or in any part thereof, districts to be called Resident Magistrates' districts, and such districts from time to time to abolish, and the boundaries to define and alter, and in any such Proclamation to fix a time on and from which any such district shall be constituted or abolished, as the case may be :
And whereas by Proclamations bearing date the twenty-sixth day of May, one thousand eight hundred and eighty- one, and the ninth day of June, one thousand eight hundred and eighty-six, His. Excellency the Governor, in pursuance and exercise of the powers and authorities so vested in him, did define the boundaries of the Resident Magistrates' Districts of Whangarei and Kaipara, as described in the said Proclamations respectively, to be Resident Magistrates' districts within the meaning and for the purpose of the said Act :
And. whereas it is expedient to abolish the said District of Whangarei, and to alter the boundaries of the said District of Saipan, so defined se aforesaid:
Now, therefore, I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities so vested in me ea aforesaid, do hereby abolish the said District of Whangarei as from the first day of March proximo, and do hereby alter the boundaries of the said District of Kaipara, and define them, as described in the Schedule hereto, as from the said first day of March proximo.
—
SCHEDULE.
KAIPARA DISTRICT.
ALL, that area in the Provincial District of Auckland bounded towards the north generally by a right line running due east end west through Trig. Station Toetoehatiko, Waipoua, Survey District, from the sea to the Wairua River ; thence by that river, the Whakapara River, and the north eastern boundary of the Parish of Hikurangi to the Maihorshia Stream; and thence by a right line to the head of Rooky Bay; towards the east generally by the sea ; towards the southeast generally by the Parish of Waiwera, from the sea to the Waitoki Stream ; thence by that stream to Section N. 29, Parish of Kaukapakape, by that section and Sections Nob. 27, 52, 57, 58, 63, 65, and 66, Perish of Kaukapakapa aforesaid, Sections Nos. 307, 84, 83, 60, 308, 23, 24, 25, 26, 27, 28, 29, 89, 41, and 87, Parish of Pukeatua, by the southern boundaries of Sections Nos. 36 and 85, Parish of Pukeatusa, aforesaid, to the south-western` corner of the last-mentioned section ; thence by a right line to the north-eastern corner of Section No. 54, Parish of Ararimn, by that section and Sections Nos. 65 and 60, said Parish of Arerimu, to the southwestern comer of the last-mentioned section; thence by a right line to the western corner of Section No. 41, Pariah of Paremoremo, by that motion, Section No. 40, and the north, eastern boundary-line of Section No. 53 to the easternmost corner of that section ; thence-by a right line to the eastern- most. corner of Section No. 55, Parish of Paremoremo afore-said,
by the Waitate Stream, the Rangitopuni River, the Waitemata River, and Brigham's Creek, add by the Parishes of Waipareira and Waitakerei ; and towards the south-west generally by the sea.
Given under the hand of His Excellency the Right Honourable William Hillier, Earl of Onslow, of Onslow in the County of Salop ; Viscount Cranky, of Cranley in the County of Surrey ; Baron Onslow, of Onslow in the County of Salop, and of West Clandon in the County of Surrey; Baron Cranley, of Imberoourt ; Baronet ; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George ; Governor and Com- mander-in-Chief in and over Her Majesty's Colony of New Zealand end its Dependencies, and Vice-Admiral of the same ; and issued under the Seal of the said Colony, at Auckland, this tenth day of February, in the year of our Lord one thousand eight hundred and ninety.
G. F. RICHARDSON.
GOD SAVE THE QUEEN
Additional Rules under " The Native Lands Frauds Prevention Act, 1881," " The Native Lands Frauds Prevention Act 1881 Amendment Act, 1888," and " The Native Lands Frauds Prevention Acts Amendment Act, 1889."
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-
third day of January, 1890.
Present :
THE HONOURABLE E. MITCHELSON PRESIDING COUNCIL.
WHEREAS by "The Native Lands .Frauds Prevention Act, 1881,"' it is enacted that the Governor in Council may, with the approval ',of a Judge of the Supreme
![]() |
4.406 418 |
▲back to top |
FEB. 13.] THE NEW ZEALAND GAZETTE; 181
COURT,make and from time to time alter, revoke, of amend
such rides of .practice and procedure for regulating proceed ings under the said Act as to him shall . seem fit ; and, such rules, when published in the New 'Zealand Gazette, shall have the force of law :
And whereas His Excellency the Governor in Council, order of the third day of November, one thousand eight hur-dred and eighty-eight, in exercise of the power and authorit aforesaid, certain rules for the purposes aforesaid And whereas, it being, expedient that additional rules shout be made, the following rules have been submitted to an approved of by His Honour Christopher William,Richmond
a Judge of 'the Supreme :Court of New Zealand, as required
by the said Act :
Now, therefore, His Excellency the Governor of th Colony of New. Zealand, in pursuance and exercise of power and authority vested in him by the said Act, and and with the advice and consent of. the Executive Council of' the said colony, dots hereby, with such. approval as afore said, make the following additional rules of practice and procedure for the. purpose of regulating. proceedings Made the said Act under the Acts amending the same :— 1. A summons to witness whose evidence is required t be taken under " The Native Lands Frauds Prevention Act Amendment Act, 1889," may be in the Form (D) in the Schedule' ereto, and may be served in the manner' provide. by seotion twelve of " The Native Lands. Frands Preventiion Act, 1881."
2. A declaration 'in the Form (E) in 'the Schedule hereto may be made by .each Native signing any instrument o alienation, either at the time of signing the same or as hoof thereafter as may be convenient.
3. Such declarations may be filed in the Registrar's' Office of the Native Land Court district in which the land th subject of Alienation is situate.
A declaration so made and filed may be used by the Trust Commissioner holding the inquiry, as evidenoe of the facts therein stated.
Nothing in .the foregoing rules shall be deemed. to pre clude any party to an alienation, or the Trust Commissioner from requiring the attendance of any person either before the Trust Commissioner holding the inquiry, 'or before some other Trust Commissioner, or a Resident Magistrate, for the purpose. of giving evidence, if in the opinion of the True Commissioner Buda attendance is desirable.
SCHEDULE.
Summons To A WITNESS UNDER SECTION OF "THE NATIVE
LANDS, PREVENTION ACTS AMEDMENT ACT
1889."
To .
You are hereby summoned to attend at [Here state place appointed], on the day of at [Here state the hour] , to give evidence before the undereigned Trust Commissioner [or Resident Magistrate] , under the provision
of section of " The Native Lands Frauds Prevention
Acts Amendment Act, 1889," in the matter of an applicationof for a certificate from a Trust Commissioner
respect of the alienation of land known as situate
at ,by a-deed of dated the day of
and made between and [If the production of documents is required, add:) And you an hereby ,required, at the time and place aforesaid, to produce to the said Trust Commissioner Ior. Resident, Magistrate; the under-mentioned documents : [Here append description of documents sufficient to identify the same.]
As witness my hand, this day of ,18 .
Trust Commissioner [or Resident Magistrste].
(E,)
DECLARATION TO HE MADE BY A NATIVE ALIENATING LAND In the matter of " The Native Lands Frauds Prevention Act, 1881," and its amendments ; and in the matter of
the application of of, , in the Provincial
District of , in the 'Colony of New Zealand, for
certificate from a Trust Commissioner.I
, of , in the Provincial District of
in the Colony of New Zealand, an aboriginal native, do solemnly and sincerely declare,-
1. That I am the named in a certain deed a
, dated the day of . , 188 , made
between , produced and shown to me at the time of
my making this declaration.
2. That the statement in the Maori language of the effect
of the said deed, certified as corrrect by licensed
interpreter, was .:indorsed on deed, and was read over to
me, by the said interpreter [or by licensed inten-
pretax] before I signed the. dead; the same time
orally explained to. me the effect of the deed.
3. That no spirituous liquors, arms, or warlike stare;
formed: the' consideration, or part of the consideration, for the said deed, or are to be received by me.
4. That the. sum has been. duly paid to me by
the, as and for [my share of) the consideration of the
said deed.
5. That the land dealt with in the said deed of is
not held in trust for the benefit of any Native community.
6. That I have sufficient land left for, my occupation and support, namely acres
7. That I.perfectly understand the nature of the said deed, as explained.to, me as aforesaid, and that I have no corn. make regarding .this tranisaction.
8. That [Here state nature\_ of title, whether Crown grant or otherwise].
.
And I make thin :solemn declaration conscientiously be- lieving the same to be-true, and by virtue of an Act of the General Assembly of New Zeeland nitituled." The Justices of the Peace Act,1882," and. its. amendmentes.
A.B.
Made 'and subscribed at in the Provincial District
of in. the Colony of New Zealand, this . day
of , in: the year of our Lord 18 , before me, one of Her Majesty's Justices of the Peace in and for the said colony, the same ,having been. first read and translated to the declarant' in. my presence by a licensed interpreter, when the deolarant seemed perfectly to understand the
same.C.D. ALEX WILLIS,
Clerk of the Executive Council.
Ross Recreation-ground brought under "The Public
. , Domain Act, 1881."
ONSLOW, Governor.
ORDER IN COUNCIL.
At 'the Governtment Buildings; Wellington; this twenty
third day of January; 1890.
Present
:
THE HONOURABLE E. MITCHELSON PRESIDING COUNCIL.
BY virtue of the powers and authorities vested in me by the twenty fourth section.of "The Public Reserves Act, 1881," I, William Earl of Onslow, the Governor of the Colony of Ne Zealand; by and with the advice and consent, of the Executive Council of the said colony, do hereby order and declare that the reserve bade for recreation District ,of Westland, and known
as the Ross Reoreatidn-ground, and described in the Schedule hereto, shall be and the same hereby brought under the Operation of and declared to be subject to the provisional of " The.public Domains Act,,1881; and such domain-shall hereafter be managed, administered; and-dealt with in manner. directed by the said Act.
SCHEDULE.
•
,ALL, that Pacelof land in the Land District of Westland, bounded on the north by Jones's Greek Storm-channel, 750 links; on the east by Special Claim T747, 1050 links; and' on the south west .by Special Claims .T792 and T799, belonging to the Ross United Gold-mining Company, 1150 links: ,and containing by admesurement 8 acres 8 roods 16 perches, more or lesss
ALEX. WILLIS
Clerk of the Executive Council.
Vesting a Reserve in Canterbury in Rakaia Road Board.
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government, Buildings, at Wellington, this twenty-
third day of January, 1890.
Present:
THE HONOURABLE E. MITCHELSON PRESIDING IN COUNCIL
WHEREAS the land mentioned in the Schedule hereto was reserved for Road Board purposes : And whereas, in the opinion of the Governor, it is expedient to vest the said reserve in the Rakeia Road Board
Now, therefore, Elie Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, and in exercise of the powers and authorities vested in him by the fourth section of "The Public Reserves Act, 1881,"-doth hereby declare that, from and' after 'the day of the date hereof, the said reserve shall-beome vested, in the Rakaia Road Board, in trust,
for Road Board puroses.
SCHEDULE
ALL that of land in the land of District of Canterbury, containing; by admeasurement 19 acres and 32 perches, more
•
![]() |
4.407 419 |
▲back to top |
Humb. 38.
775
THE
NEW ZEALAND GAZETTE
Published by Autharity
WELLINGTON, THURSDAY, JULY 10, 1890.
Land brought under certain Provisions of " The Mining
Act, 1886."
ONSLOW, Governor.
A PROCLAMATION.
By virtueand in of the powers and authorities
vested in me by section thirty of " The Mining Act, termed " the said Act"), and of all other
enabling me in 'this behalf, I, William Hillier, Earl of the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive of the said colony, do hereby proclaim and declare that all the provisions of the said Act relating to mining districts and to Wardens' Courts shall have operation within the land described in the Schedule hereto.
SCHEDULE.
pieces of land being Sections Nos. 71, 72, 73, 74A,
80 and 81 Block L, Wendon Survey District; Sec18 to 30 inclusive, and 33, Block IX., Waikaia
Sections Nos. 32 to 38 inclusive, Block VIII., survay\_District ; Sections Nos. 1 to 6 inclusive, and 8 Block Survey District ; Sections Nos. 53 to 66 Block L, Waikaia Survey District ; also Runs
and 827a, Waikaia District.
Given under the hand of His Excellency the Right Honourable William Hillier, Earl of Onslove, of Onslow in the County of Salop ; Viscount Cranley, of Cranley in the County of Surrey ; Baron Onslow, of Onslow in the County of Salop, and of West Clandon in the County of Surrey ; Baron Cranley, of Imbercourt ; Baronet ; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George ; Governor and Com-
mander-in-Chief in and over Her Majesty's Colony
of New Zealand and its Dependencies, and vice.
Admiral of the same ; and issued under the Seal of the said Colony, at the Government House, M Wellington, this first day of July, in the year of our Lord one thousand eight hundred and
ninety.
Trios. FERGUS.
Minister of Mines.
•
GOD RAVE THE QUEEN!
Imported Stock may be landed at Auckland, Wellington, or Lyttetton,—Notice No.
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eighth day
of July, 1890,
Present :
His EXCELLENCY THE GOVERNOR IS COUNCU
IN pursuance and exercise of the powers and authorities vested in him by "The Diseased Cattle Act:, 1881." His
Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, cloth hereby amend subclause (e) of clause three, Part I., of regulations for the introduction of stock into New Zealand from Great Britain or Ireland, made by Order in Council issued on the twenty-fifth day of September, one thousend eight hundred and eighty-eight, by the insertion of the words "or at the Port of Auckland" after the word " Wellington," at the end of the said subclause; and cloth hereby declare that this Order in Council shall come into force on and after the twenty-first day of July instant.
ALEX. WILLIS,
Clerk of the Executive Council.
Additional Bules under "The Native Lands Frauds Prevention. Act, 1881," " The Native Lands Frauds Prevention Act 1881 Amendment Act, 1888," and "The Native Lands Frauds Prevention Acts Amendment Act, 1889,"
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eighth day
of July, 1990.
Present :
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
'WHEREAS by " The Native Lands Frauds Prevention
Act, 1881," it is enacted that the Governor in Council may, with the approval of a Judge of the Supreme Court, make, and from time to time alter, revoke, or amend, such rules of practice and procedure for regulating proceedings under the said Act as to him shall seem fit ; and such rules, when published in the New Zealand Gazette, shall have the force of law :
And whereas His Excellency the Governor in Council, by two orders dated respectively the third day of November, one thousand eight hundred and eighty-eight, and the twenty-third day of January, one thousand eight hundred and ninety, in exercise of the power and authority aforesaid, made certain rules for the purposes aforesaid : And whereas, it being expedient that additional rules should be made, the following rules have been submitted to and approved of by His Honour Sir James Prendergast, Knight, Chief Justice of the Supreme Court of New Zealand, as required by the said Act :
Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and- authority vested in him by the said Act, and by and with the advice and consent of the Executive Council of tic said colony, cloth hereby, with such approval as aforesaid, make the following additional rules of practice and procedure for the purpose of regulating proceedings under the said Act end under the Acts amending the same :—
1. Every application for an inquiry by a Trust Commissioner must be forwarded to the Registrar of the Native Lund Court for the district in which the land in question is situate.
![]() |
4.408 420 |
▲back to top |
THE NEW ZEALAND GAZETTE.
[No. 38
776
It shell be the duty of the said Registrar to indorse or the application the particulars relating to the title to the land the subject of such application, and to forward tin same so indorsed to the Trust Commissioner before whom the inquiry is to be held.
It shall be the duty of the Trust Commissioner, at the close of an inquiry, to forward to the said Registrar of the Native Land Court the deed, judgment, or other, document with his certificate, or the grounds for, refusing a certificate indorsed thereon, and the said- Registrar shall 'record thi same in his office.
ALEX. WILLIS,
Clerk of the Exeoutive Council.
Regulations for the Election of Graduates' Members,
Auckland University College Council.
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eighth day
of July, 1890.
Present :
His EXCELLENCY THE GOVERNOR IN COUNCIL.
IN exercise and pursuance of the powers end authorities
vested in him by "The Auckland University College Act, 1882," His Excellency the Right Honourable William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, acting with the advice and consent of the Executive Council of the said colony, doth hereby make the regulations set forth hereunder for the conduct of the election of graduates' members of the Auckland University College Council.
REGULATIONS.
For the purposes of each election held under these regulations, the Auckland University College Council shall appoint a Returning Officer.
The Registrar of the College shall keep a roll of graduates of the New Zealand University who are on the books of the College, and shall revise such roll within the seven days next preceding the date fixed for any such election, and shall deliver into the bands of the Returning Officer a copy of the revised roll before the time fixed for the, election.
Every person Whose name is on the roll as revised under the last preceding regulation, and no other person, may vote at the election, and may take part in the nomination of candidates.
No candidate shall be proposed at any election hereunder unless has-previously, been nominated by writing, signed by two of the' electors, and a nomination shall have no effect unless the nomination-paper is delivered to the Returning. Officer at the Registra's Office, by postal delivery or otherwise, not lest than fire days before the time appointed for the election.
Notice of the election shall be advertised by the Returning Officer in two newspapers published in the City of Auckland; the last of such advertisements to appear at least ten days before the time flxed for the election.
6. If more than two candidates are nominated for the same vacancy the Returning. Officer shall publish their names by advertising them at least three times in each of two newspapers circulating within the City of Auckland, and in every, advertisemen he shall state the place and time fixed for the election.
If only one duty-nominated candidate is proposed at the meeting for election, the Returning Officer shall declare such person duly elected. If more than one candidate is proposed the election shall be by ballot, but any graduate who does not attend to vote in person may send to the Returning Officer; by post or otherwise, a Writing, signed and attested, authorising the Returning Officer to record a vote for the candidate named in such writing, and the Returning Officer shall take account of such voting-paper as a valid vote, and shall include such vote in his counting of the ballot. Immediately after the taking of the vote by ballot the Returning Officer Shall declare which of the candidates has been duly
If an election forfilling up vacancy, is appointed to be held at the lame time as an election for the filling up of a vacancy that has occurred by rotation, hereinafter called " an ordinary vacancy," no nomination-paper and no voting-paper shall be valid unless it contains a distinct mention of the vacaney to which it relates as being a casual vacancy or an ordinary vacancy as the case may be, and at the time of election the Returning Officer shall first proceed with the election for filling up the casual vacancy, and when such election is complete shall at once proceed with the election for filling up the ordinary vacancy.
In every advertisernent relating to an election, when two elections are to take place as contemplated in the last preceding regulation, the Rethrhing Officer shall give notice that no nomination-paper or voting-paper will be valid
unless it distinctly indicates whether the vacancy to whit it relates is a casual vacancy or an ordinary vacancy.
ALEX. WILLIS,
Clerk of the Executive Council.
Removal of Restrictions on Alienation of Native Land.
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eighth de
of July, 1890.
Present
HIS EXCELUXNCY THE GOVERNOR IN COUNCIL.
WHEREAS application has been made to the Governor in Council by Ani Waka Bluett, the Native owner of the land described in the second column of the Schedule hereto, praying that the restrictions on the alienation of such land contained in the certificate of title bearing date the twenty-first day of May, one thousand eight hundred and ninety, described in the first column of the said Schedule, may be removed : And whereas inquiry has been duly made by the Native Land Court, and the said Court has reported that the provisions of the law in that behalf have been complied with And whereas it appears expedient to grant such application
Now, therefore, His Excellency the Right Honourable William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred on him by The Native Land Act, 1888," and acting with the advice and consent of the Executive Council of the said colony, cloth hereby order and declare that all restrictions imposed by the said certificate of title on the alienation of the said lands are hereby removed.
SCHEDULE.
|
Finer COLUMN.
Portioulars of Grant or Instru- ment containing Restrictions.
|
SECOND COLUMN.
Description of Lands. |
|
Land transfer certificate, |
All that piece of land in |
|
Vol. liv., folio 228, dated 21st |
the District of Wellington, |
|
May, 1890, in, favour of Ani |
contatiningl rood13.1 perches,. |
|
Wake. Bluett, and containing |
known as Section 1 of Sub. |
|
the following restrictions : |
division 2 a Section 28, Pol. |
|
" The above land is inalien- |
hill Gully. |
|
able by sale or mortgage, or by lease beyond twenty-ono years." |
|
|
ALEX. WILLIS, | |
|
Clerk of the Executive Council. | |
Native Land proposed to be taken for a Road in Matungaru
Survey District.
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this thirteenth
day of May, 1890.
Present :
His EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS the land mentioned in the Schedule hereto is required to be taken for a public work authorised to be constructed by the Government, to wit, the construction of a road : And whereas the said land is held or occupied by Native
owners :
Now, therefore, in pursuance and exercise of the powers vested in him by "The Public Works Act, 1882," and the amendments thereof, and of all other powers in anywise enabling him in this behalf, His Excellency William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby order that the Government work known as a road shall and may be constructed on or through the land mentioned in the Schedule hereto.
SCHEDULE.
A nom), 100 links wide or thereabouts, commencing at the north-eastern boundary-line of the Owhatia Block No. 154 (in red), Maungaru Survey District, Provincial District of Auckland, and proceeding in southerly and westerly directions through the said block to the south-western boundary-line.
ALEX. WILLIS, Clerk of the Executive Council.
![]() |
4.409 421 |
▲back to top |
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML> <HEAD> <META HTTP-EQUIV="Generator" CONTENT="OmniPage Pro 15 - http://www.scansoft.com"> <META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=UTF-8"></HEAD></HTML>
![]() |
4.410 422 |
▲back to top |
1182 THE NEW ZEALAND GAZETTED [N0, 60)
third day of January, one thousand eight hundred and ninety, and the eighth day of. July, 'one thousand eight hundred and ninety, in of the power and authority aforesaid, made certain rules for the "purposes aforesaid
And whereas, it being expedient that an additional rule should be made, the following rule has bean submitted to and approved of by His Honour the Chief Justice of the Supreme Court of New Zealand, as required by the said Act
Now, therefore, His Excellency, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby, with such approval as aforesaid, make the following additional rule of practice and procedure for the purpose of regulating proceedings under the said Act and under the Acts amending the same.
AMENDED RULE.
THE rules contained in the said Order in Council dated the 8th day of July, 1890, shall not apply to any land which, at the time of the application being made for inquiry by a Trust Commissioner,' is the subject of a Crown grant or certificate of title registered under ." The Deeds Registration Act, 1868," or under " The Land Transfer Act, 1886," or any Act thereby repealed ; but it shall be the duty of the Trust Commissioner, at the close of any, inquiry is respect of an alienation of such land, to forward to the Registrar of the Native Land Court the application for inquiry and all particulars of the transaction, together with the date
the certificate was signed or refused ,by him ; and the said Registrar shall record the same in his office.
ALAX WILLIS,
Clerk of the Executive Council.
Closing Burial-grounds, Devonport, Auckland.
ONSLOW, Governor.
ORDER, IN, COUNCIL.. :
At the Government Buildings, at Wellington, this four
teenth day of October, 1890.
Present:•
THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.
WHEREAS it appears to the Governor that burials in the burial-grounds in the Borough of Devonport, described in the Schedule hereto, should be wholly discontinued : And whereas a sufficient cemetery (not within the limits of any borough or town district) has been provided and has been prepared for the interment of the dead, as required by "The Cemeteries Act, 1882 :"
Now, therefore, His Excellency the Governor, by and with the advice and consent of the 'Executive Council' of the Colony of New Zealand, and in pursuance of the authorities vested in him by the said " Cemeteries Act, 1882," doth hereby order and direct that, from and after the first day of May, one thousand eight hundred and ninetyone, burials within the burial grounds in the 'Borough' of Davenport, described in the aforesaid Schedule, shall be wholly discontinued.
ALL that parcel of land in ,the Provincial District of Auckland, in the Colony of New Zealand, being Lot No. 1 of Section No. 1 of the. Parish of Takapuna. Bounded on the north by the Old Lake Road; on the north east by the Old Lake Road on the south east by Shoal Bay ; and on the west by Lot No. 2 of the said Section No. 1 containing by admea surement 21 acres 2 roods 12 perches, more or less.
ALEX WILLIS,
Clerk of the Executive Council.
Providing that Regulations for Trout- and Perch-fishing to
apply to Parts of Counties Oroua and Manawatu.
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this four-
teenth day of October, 1890.
Present :
THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.
WHEREAS regulations for, fishing for trout and perch in a district comprising portion of the Wellington Acclimatisation District and the waters there of were made by Order in Council dated the tenth day of September last, and published in the New Zealand Gazette No. 48, of the eleventh day of September last :
And whereas it is desirable that such regulations should
apply to the portions 'of the Counties of,Oroua and Mane ,watu not included in, the district defined by the said order in Council :
Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers 'and authorities.. conferred upon him by "The Fisheries Conservation Act, 1884," and of all other powers enabling him
that behalf, acting by and with the consent of the Executive Council of the said colony, doth hereby order and declare that the district defined by the said recited Order in Counci of the tenth day of September last shall extend to and include such portions of the Counties of Oroua and Mana. watu as were not included in the district so defined as afore said, and that so far as practicable the regulations prescribes by the said recited Order in Council shall apply to such last mentioned portions of the said counties in the same manner in all respects as if such counties had been wholly included in the district originally defined by the said recited Order in Council.
ALEX WILLIS,
Clerk of the Executive Council.
Sheep may be introduced by Sea from certain Ports in the
Colony without Inspection.—Notice No. 303.
•
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty
ninth day of October, 1890.
Present :
HIS THE GOVERNOR IN COUNCIL
IN, exercise and pursuance of the powers conferred by
section thirty-nine of. The Sheep Act, 1890 and of all other powers' and authorities in anywise enabling me in this behalf, William Hillier, Earl of Onslow, the Governor .of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, do hereby suspend the operation of sections thirty-four to thirty-eight, both inclusive, of the aforesaid Act, in respect to sheep bred in the colony, and brought by sea from ports and places in the colony, other than ports or places within the Marlborough, Nelson, Waikawau or Miranda Sheep Distriots, to be landed at other ports id the colony ; and I do hereby declare that such suspension shall extend to any vessel carrying such sheep in manner aforesaid and, further, that this Order in Council shall come into force and take effect on and after the first day of November, one thousand eight hundred and ninety, and shall continue in force until the thirty-first day of December, one thousand eight hundred and ninety-two.
ALEX .
Clerk of the Executive Council.
Powers delegated to the Te Aroha Hot Springs Domain
Board under "The Public Domains Act, 1881."
ONSLOW, Governor. .
ORDER IN COUNCIL.
'At the 'Government House, at Wellington, this twenty-
ninth 'day of October, 1890.
Present:
His EXCELLNCY The GOVERNOR IN COUNCILL
IN exercise and pursuance of the powers and authorities vested in him by " The Public Domains Act, 1881, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council there of, doth hereby revoke a certain Order in Council, dated the twenty-eighth day of December, one thousand' eight hundred and eighty-seven, making delegation of certain powers in manner as therein appears; and doth, with the like advice and consent, by this present order, delegate, but only with respect to the piece or parcel of land described in the Schedule hereto, all the powers conferred by the Act afore. said, except the powers under or conferred by sections five and twelve thereof, to the under-mentioned persons, who shall be known as the Te Aroha Hot Springs Public Domain Board, namely,—
CHARLES AHIER, GEORGE LIPSEY,
GEORGE WILSON,
THOMAS GAVIN and
EDWARD WINGFIELD HANMER,
herein referred to as " the Board subject to the stipulations hereinafter contained, that is to say,—
1. The Board shall meet for the transaction of business on the first Saturday in each month, at three o'clock p.m. at the Courthouse, Te Aroha, or at such other time or place as may from time to time be fixed by the Board. The first meeting shall be held on Saturday, the sixth day of December, one thousand eight hundred and ninety.
![]() |
4.411 423 |
▲back to top |
JUNE 19.]
THE NEW ZEALAND GAZETTE.
719
Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby revoke the regulation numbered three of the regulations set forth in an Order in Council issued on the thirtieth day of September, one thousand eight hundred and eighty-six, under the said Acts, and which said Order in Council was published in the New Zealand Gazette of the thirtieth day of September then instant ; and doth hereby order and declare that the said recited regulations shall henceforth be read and construed as if all references to the "Actuary" therein described, and to the concurrence of such Actuary, were omitted from such regulations.
ALEX. WILLIS,
Clerk of the Executive Council.
Fees under Section 8 of " The Native Land Frauds Pre-
vention Act, 1881."
ONSLOW, Governor.
ORDER IN COUNCIL.
•
At the Government House, at Wellington, this seventeenth day of June, 1890.
Present
HIS EXCELLENCY THE GOVERNOR IN COUNCIL,
WHEREAS by "The Native Land Frauds Prevention Act, 1881," it is enacted that the Governor in Council may, by order in that behalf, fix fees to be paid in respect of any proceedings before the Trust Commissioners under the provisions of the said Act; and such fees shall be demandable and payable accordingly :
Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth fix the fees mentioned in the Schedule hereto to be paid under section eight of the said recited Act from and after the date of the gazetting hereof : Provided that no such fees shall be payable in respect of any transactions to which the Crown is a party.
SCHEDULE.
Amount of Judgment.
Not exceeding £100.
Exceding £100 and not exceeding £250.
Exceeding £250 and not exceeding £1,000.
Exceeding £1,000.
Filing application .. 2 6 5 10 15 20
Hearing, per diem .. 10 0 20 20 80 40
Swearing witness .. 2 0 2 2 2 • 2
Indorsing certificate 2 6 5 10 16 20
ALEX. WILLIS,
Clerk of the Executive Council.
Duty to be levied upon Paint ground in Turpentine.
ONSLOW, Governor.
IN exercise of the powers in me for that purpose vested by "The Customs and Excise Duties Act, 1888," I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, do hereby direct that from and after the date hereof there shall be levied upon paint ground in turpentine, which is apparently a substitute for a dutiable article, namely, paint ground in oil, and which possesses properties in the whole or in part which can be used for a similar purpose as such dutiable article, a duty of two shillings the hundredweight.
As witness the hand of His Excellency the Governor, this seventeenth day of June, one thousand eight hundred and ninety.
EDWIN MITCHELSON.
Governor's Order No. 188.]
Trustees appointed for the Maintenance of the Wailecrikoi
(Otago) Public Cemetery.
ONSLOW, Governor.
IN pursuance and exercise of the powers and authorities
vested in me by the sixth section of " The Cemeteries
Act, 1882," I, William Hillier, Earl of Onslow, the Governor
of the Colony of New Zealand, do hereby appoint the several
persons whose names aro specified in the first column of
the Schedule\_ hereto to be Trustees to provide for the main-
tenance and care of the public cemetery specified in the second column of the said Schedule.
SCHEDULE.
Names of Trustees. Name of Public cemetery, and Description of Land.
WAIKOIKOL
Alexander Raid. All that parcel of land in the Land
James Crawford. District of Otago, containing by ad-
Robert Simmers, sen. measurement 2 acres, more or less,
James Sheed. situate in Glenkenich District, being
William Bremner. Section No. 47, Block X., on the map.
Thomas Black. of the said district. Bounded towards
Patrick Scott. the north-east by a road-line, 1028.1
Alexander M. Nicol, links ; towards the south by Section No. 82, 428.2 links ; and towards the west by Section No. 48A, 984-6 links : be all the aforesaid linkages more or less.
Also all that parcel. of land in the Land District of Otago, containing by admeasurement 6 acres 1 rood 21 perches, .more or less, situate in the Glenkenioh District, and being Section , No, 43s of Block X. of the said district. Bounded towards the northeast by a road-line, 947 links ; towards the east by Seotion No. 47, 934½ links ; towards the south by Section No. 82, 394 links ; and towards the west by Section No. 91, 1795½ links: be ail the aforesaid linkages more or less.
As witness the hand of His Excellency the Governor, this sixteenth day of June, one thousand eight hundred and ninety.
EDWIN MITCHELSON,
(For the Minister of Lands.)
Land temporarily reserved, in the Land Districts of Auck-
land, Hawke's Bay, Wellington, and Otago.
ONSLOW, Governor.
WHEREAS by the two hundred and twenty-seventh
section of " The Land Act, 1885," it is enacted that the Governor may from time to time, either by general or particular description, and whether the same has been surveyed or not, reserve from sale temporarily, notwithstanding that the same may be then held under pastoral license, any Crown lands which in his opinion are required for any of the purposes in the said section mentioned :
Now, therefore, I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities vested in me by the said Act, do hereby temporarily reserve from sale the land in the Land Distriots of Auckland, Hawke's Bay, Wellington, and Otago, described in the Schedule hereunder written, for the purposes in the said Schedule specified.
SCHEDULE.
AUCKLAND.
ALL that parcel of land in the Land District of Auckland, containing by admeasurement 23 acres I coed 8 perches, more or less, being Section No. 15 of Block XIII., Tutamoe Survey District ; commencing at a point at the northern. most angle of said section. Bounded generally easterly by a public road, 601, 778, 428, 498, 291. and 685 links ; southerly by Section No, 16, 608 links ; westerly by Section No. 14, 954 links ; and generally north-westerly by a public road to commencing-point, 8, 178, 324, 854, 184, 168, 205, 401, and 125 links respectively : be all the aforesaid linkages more or less. For primary education.
All that parcel of land situated in the Land District of Auckland, containing by admeasurement 15 acres 2 roods 10 perches, more or less, being Section No. 12 of Block XI., Waihou Survey District. Bounded towards the north-west by the Tahanui Block, 2768 links ; towards the east by Section No. 2, 1215 links ; and towards the south by a public road, 2480 links, to the point of commencement: be all the aforesaid linkages more or less. For primary education.
All that parcel of land in the Lend District of Auckland, being Section No. 190 of the Parish of Puhoi, containing by admeasurement 3 acres, more or less. Bounded towards the north-east by Allotments Nos. 2 and 1 of the Village of Puhoi 991 links, and by Section No. 122 of the Parish of Puhoi 122 links ; towards the south-east by Section No. 181 of the Parish of Puhoi aforesaid, 519 links ; towards the south-west by lines, 268 and 392 Enke; and towards the-north-west by a
![]() |
4.412 424 |
▲back to top |
OCT. 8.] THE NEW ZEALAND GAZETTE. 1109
Stratford County to be Part of Taranaki Education Dis-
trict.
ONSLOW, Governor.
•
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this thirtieth
day of September, 1891.
Present :
THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL,
IN exercise and pursuance of the powers and authorities
vested in him by "The Education Districts Act, 1882," the Governor, with the advice and consent of the Executive Council of the colony, cloth hereby declare that from and after this date the whole area of the County of Stratford shall be comprised within the. Education District of Taranaki, and that, for such part of the common boundary of the Education Distriots of Taranaki and Wanganui as now lies within the County of Stratford, such part of the boundary of the County of Stratford as now lies within the Education District of Wanganui shall forthwith be substituted.
ALEX, WILLIS,
Clerk of the Executive Council.
Inspector of Weights and Measures, Alexandra, Otago,
appointed.
Colonial Secretary's Office,
Wellington, 29th September, 1891.
HIS Exeellency the Governor has been pleased to appoint Constable JAMES PRATT
to be Inspector of Weights and Measures, under " The Weights and Measures Act, 1868," for the Borough of Alexandra, Otago, vice Constable J. McIntyre.
P. A. BUCKLEY.
Rangers under Animals Protection Acts, Otago District,
appointed.
Colonial Secretary's Office,
Wellington, 29th September, 1891.
HIS Excellency the Governor has been pleased to appoint JAMES O. WHITELAW,
DUNCAN D'UNDASS,
ALEXANDER WILLIAM STIRLING
EDWIN ELLIS,
JAMES CAMPBELL SCOTT,
•
THOMAS MUIR, and
WILLIAM McCORMICK
to be Rangers under " The Animals Protection Act, 1880," and the Acts amending the same, for the District of Otago. P. A. BUCKLEY.
Public Vaccinator, Christchurch District, appointed.
Colonial Secretary's Office,
Wellington, 2nd October, 1891.
HIS Excellency the Governor has been pleased to appoint RIOHARD WALKER ANDERSON, Esq., M.R.C.S.M,
to be an additional Public Vaccinator, under "The Public Health. Act, 1876," for the District of Christchurch.
P. A. BUCKLEY.
Deputy Registrar of Supreme Court appointed.
Department of Justice,
Wellington, 30th September, 1891.
HIS Excellency the Governor has been pleased to appoint GEORGE WILLIAM PRING O'CALLAGHAN
to be Deputy Registrar of the Supreme Court at Blenheim, vice W. W. De Castro.
W. P. REEVES.
Clerics of Resident Magistrates' Courts appointed.
Department of Justice,
Wellington, 1st October, 1891.
HIS Excellency the Governor has been pleased to appoint Constable ROBERT DARBY
to be Clerk of the Resident Magistrate's Court at Carterton ;
Constable Joanna ECCIATON
to be Clerk of the Resident Magistrate's Court at Greytown ; and
Constable FREDERICK OHARLES SMITH
to be Clerk of the Resident Magistrate's Court at Featherston ; vice J. J. Freetb.
W. P. REEVES.
Appointment in Department of Lands and Survey,
Department of Lands and Survey) Wellington, 25th September, 1891.
HIS Excellency the Governor has been pleased to appoint GEORGE EDWARD DARTON
as a Draughting Cadet. The appointment to date as from the 21th October, 1889.
JOHN MOKENZIE,
Trust Commissioner appointed.
Native Office,
Wellington, 6th October, 1891.
HIS Excellency the Governor has been pleased to appoint HENRY WILLIAM NORTHCROFT , Esq.
to be a Trust Commissioner under "The Native Lands Frauds Prevention Act, 1881," and the amendments thereof.
. A. J. CADMAN.
- Commissioners for Westland Hospital appointed
Charitable Department,
Wellington, 2nd October, 1891.
HIS Excellency the Governot has been pleased to appoint JAMES CHESNEY,
JAMES HOLMES
MICHAEL POLLOCK,
HENRY LER , PATRICK DEE,
Ross, and
DAVID BENJAMIN
to be Commissioner. to exercise the functions of the Trustees of the Westland Hospital.
A. J. CADMAN.
Volunteer Officers appointed.
Defence Office
Wellington, 7th October, 1891.
HIS Excellency the Governor has been pleased to approve of the under-mentioned appointments: North Otago Mounted Rifle Volunteeri.
The Rev. Hugh C. Frere to be Honorary Chaplain. Date of appointment, 7th September, 1891.
, •
Temuka Rifle Volunteers,
Sir William Blandon, Bart., &c., to be Honorary Surgeon and Surgeon on the General Medical List, New, Zealand Volunteers. Date of appointment, 18th September, 1891.
R. J. SEDDON.
Members of Local Board for the Examination of Officers in
the Wellington District appointed.
Defence Office,
Wellington, 7th Ootober, 1891.
HIS Excellency the Governor has been pleased to approve of the appointment of the under-mentioned officers as a Local Board. for the examination of candidates for commissions in the New Zealand Militia and Volunteer Forces in the Wellington District:
Major STUART HEWALL, New Zealand Militia, Commanding Wellington Volunteer District.
Lieutenant Commanding JOHN Duncan, Wellington Naval Artillery Vol un teers.
Captain LAMBERT william LOVEDAY, Heretaunga Mounted Rifle Volunteers.
Captain WILLIAM HAROLD SEXTON MOORHOUSE, D Battery, New Zealand Regiment Artillery Volunteers.
Captain ROBERT JOSEPH COLLINS, Wellington City Rifle
Volunteers.
Date of appointment., 6th October, 1891.
R. J. SEDDON.
![]() |
4.413 425 |
▲back to top |
322 1894, No. 43.] Native Land Court. [58 VICT.
The word " Naive " in this section shall not include the children of half-castes by Europeans, Or of Europeans by half-castes, or their descendants respectively,,nor shall this section apply to any will exclusively dealing with or disposing of any land acquired from the Crown or from Europeans by purchase 'or devise.
(4.) Restrictions on Alienation.,
Restrictions, how 52. Any land heretofore or hereafter to be rendered inalienable
removed. may be rendered alienable, subject to the provisions of this Act ; and any restriction on the alienation of any land heretofore or hereafter
to be imposed, or recommended to be imposed, may be removed or varied, either absolutely or in respect of any particular alienation, by the Court, as to the whole of such land or as to any part or parcel thereof, or as to any estate, share, or interest therein respectively, with the assent of the owner, or of one-third in number at least of the owners, of such land, part, parcel, estate; share, or interest, and on proof that every such owner has sufficient land. left for his support :
Provided that restrictions on alienation existing prior to the thirtieth day of August, one thousand eight hundred and eighty-eight, may be removed or varied only by the Governor, on the recommendation of the Court and in accordance therewith.
•
,(5.), Confirmation of Alienations.
Court to be satisfied. 53. Subject as hereinafter mentioned, the Court may confirm
that alienation valid. any alienation of land upon being satisfied,—
(1.). That the same is not—
A. dealing prohibited by any law for the time being in force;
Contrary .to equity and good conscience ;
A breach, or in contravention, of any trust to
. which the land is subject, '
In contravention of any restriction on the alienation of such land; •
Made in consideration wholly or partly, directly
or indirectly, of the supply,, or promise of supply, of any intoxicating liquor, or weapons or munitions of war ;
(f.) That such land is not the subject of a notice wader the provisions of " The Native Land Purchases Act, 1892,or .The Land Purchase and Acquisition Act, 1893
(2.) (a.) That-the title thereto is ascertained; ,
(b.) That the consideration has been paid. or given ;
(c.) That, apart from the land affected by such alienation, each Native alienating, other than a half-caste, has sufficient land. left for his support, and that each half-caste alienating has sufficient means of support derivable from land or otherwise ;
(d.) That, before the 'deed evidencing or effecting such alienation was signed by each Native alienating, it had indorsed thereon, a plan of the land affected thereby, and. a statement in the Maori language, certified by a
![]() |
4.414 426 |
▲back to top |
58.VICT.] Native Land Court. [1894, No. 43. 323
licensed interpreter as correctly setting forth the effect of such deed; and
The effect of such deed was explained by a licensed interpreter to each Native before signing the same ;
(e.) That the signature of each .Native to such deed is attested by the Commissioner of Crown Lands or the Native Lands Administration Officer, or a Justice of the Peace, Postmaster, or a solicitor of the Supreme Court not concerned in the transaction, and the licensed interpreter who interpreted the effect of such deed to the Native alienating.
54. Any Judge may confirm any alienation, although the recourtmay dispense quirements of subsections two (d) or two (e) of section fifty-three have with formal
execution.
not been complied with,—
. (1.) If he shall be satisfied that such non-compliance has not
prejudiced any Native alienating ;
(2.) If a , Justice of the Peace, or solicitor of. the Supreme Court not concerned in' the transaction, attesting the
• signature Of any Native to such deed, shall certify that such Native has a knowledge of the English language sufficient to enable him to understand, and that he does understand, the effect of the transaction..
55. No deed effecting an alienation shall be registered until a Confirmation confirmation order shall have been, indorsed thereon : Provided necessary to always that a certificate by a Judge attesting the execution of a deed by a Native, that he' has satisfied himself that the alienation thereby effected is in accordance with law, shall have the same effect as a ; confirmation order.
56. A confirmation order may be granted in respect of any deed Confirmation of executed before the passing of this Act, on proof that such deed was executed, and that the alienation thereby effected was in accordance with the law at the time of such execution.
57. Every instrument indorsed by a Trust Commissioner as Effect of indorse-approved in terms of " The Native Land Frauds Prevention Act, ment byTrust
Commissioner on
1881," or any Act amending the same, shall be deemed to have been instrument. confirmed by the Court within the meaning of this Act, and no further confirmation shall in such case be required.
(6.) 'Native Trusts.
58. Where the Court shall, determine under subsection 'ten of Beneficiaries under section fourteen of this Act that any land is held in trust, the native trusts to take subject to beneficial, owners, of such land shall hold the same subject to any lease, mortgage., or existing lease or mortgage or 'contract for the sale of such land. contract.
(7.) Apportionment.
59. .Unless otherwise provided in the lease or in some agree- Native lessors ment signed by the lessors, of which notice shall have been given to the lessee, Native lessors shall be deemed to be entitled in' equal interests shares to rent accruing to them until their relative interests be determined or the leased land be partitioned : Provided that if Rents may be paid there be any dispute between the Native lessors, or any of them, to Publio Trustee. as to the division of any rent, any one of them may apply exparte
21*