The Hauraki Tribal Lands

THE HAURAKI TREATY CLAIMS

VOLUME 8

PART 1

Hauraki Maori Trust Board

The Hauraki Tribal Lands

DAVID ALEXANDER

PART 1:

Moehau District

Coromandel & Manaia District

Whangapoua & Kuaotonu District

Waikawau District

HAURAKI MAORI TRUST BOARD

1997

First published in 1997 by
Hauraki Maori Trust Board
PO Box 33, Paeroa
Aotearoa New Zealand

ISBN 1-877198-09-9
© Hauraki Maori Trust Board

This report was commissioned by the Hauraki Maori 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

FOREWORD

The Hauraki Treaty Claims project has examined the nature and extent of the interaction of Maori with the Crown in the Hauraki tribal territory during the nineteenth and twentieth centuries. The claims, together with the research and supporting evidence are set out in eleven volumes. These are presented to the Waitangi Tribunal to support the Hauraki case.

The history of colonisation in Hauraki—the deliberate policies of the Crown leading to the social and economic deprivation endured by those who have gone before us and their years of responsible protest—has not been told before. These volumes, the foundation of the Hauraki case, will forever rewrite our nation's history books, contributing, only now, a Maori perspective to the history of this region.

We began this project four years ago with a multi-disciplinary team approach. Mr Alexander was part of this team, examining particularly the history of land titles and the alienation of Maori land.

Mr Alexander's The Hauraki Tribal Lands, Parts 1-4, provides a detailed analysis of the dealings relating to the original Maori land blocks. This involved over 700 parcels of land and most of the tribal territory. The focus has been on those initial transactions involving the Crown and private individuals. When so many individual block histories are collected together, one can see the pattern of Crown activity that emerges over the past one hundred and fifty years resulting in one of the worst cases of Maori landlessness in New Zealand. At present approximately 2.6% of the Hauraki tribal territory is Maori land.

The Hauraki Treaty Claims are a consequence of the Crown's actions after it signed the Treaty of Waitangi. Mr Alexander's report will significantly support the Hauraki case in the debate that will inevitably surround the Hauraki claims. I take this opportunity to thank Mr Alexander for his contribution to this project.

No reira, noho ora koutou.

T J McEnteer

Claims Manager

Hauraki Maori Trust Board

III

CONTENTS

Foreword   iii

Preface   ix

Hauraki Region Districts   xi

Hauraki Region Map   xii

Moehau District

Kapanga Parumoana (see Coromandel Harbour Foreshore)

Te Karaka   164

Kopuranui (see Awakanae)

Manaia   167

Matakitaki   182

Matawai   183

Matuaroa   184

Maumaupaki   185

Moore's Grant (see Matawai)

Motutere   186

Onekura   191

Ongohi (see Awakanae)

Papakarahi   192

Papawhakanoho (see Awakanae)

Parangu 2   193

Patapata   194

Pukeatua   195

Pukumaukuku   197

VI

Whangapoua and Kuaotunu District

VII

THE HAURAKI TRIBAL LANDS—PART I

Paoneone (see Ahuahu)

Papatai   302

Piripiri   304

Puhiwai   305

Pungapunga   306

Te Pungapunga   307

Ramarama   310

Te Ranga   311

Repanga (Cuvier Island)   312

Wainuiototo   319

Te Wairoa   320

Waitaia   322

Waitekuri   325

Waikawau District

Karioi   329

Te Ipu o Moehau   334

Te Mata (see Waikawau) Otakeao (see Waikawau)

Otuturu 1 & 2   341

Te Poho 2 & 3   349

Waikawau   353

Waikawau North (see Waikawau)

Waiomu (see Waikawau)

Waipatukahu (see Waikawau)

Te Wharau   380

VIII

PREFACE

My name is David James Alexander. I am an environmental and planning consultant based in Christchurch. I have a B.A. (Hons) degree in Geography and a M.Sc. degree in Conservation, and am a Member of the New Zealand Planning Institute.

For twelve years (1975–1987) I was a planner with the Department of Lands and Survey, closely involved in land title and land use issues. With the restructuring of that Department, I became a planner with the Department of Conservation, before then setting up my own consultancy. While a full-time employee of the Crown, I worked in Canterbury and Taranaki.

During the last nine years I have researched and presented evidence to the Waitangi Tribunal relating to land titles history and associated matters concerning the Ngai Tahu, Pouakani, Ngati Rangiteaorere, Te Roroa, Mohaka River, Te Ika Whenua, Turangi Township (Ngati Turangitukua), Ngati Makino and Ngati Pahauwera claims.

This report is one of a series of four reports on the lands of the Hauraki tribes. It examines in particular the various dealings that the Crown had with the blocks. Where the Crown purchased a block at an early stage, the history is fairly straightforward. Where, however, the Crown purchased a block at a later stage, or only purchased part of a block, there are aspects of the block's history which are not included or are only summarised, in order to maintain the focus on the Crown's actions.

At a late stage in the research, the Hauraki Maori Trust Board, which initially commissioned the work, received funding from the Waitangi Tribunal to expand the original brief and include purchases by the Crown in the 20th Century, and purchases by private individuals. This additional research has been incorporated in the reports, in a reasonably comprehensive way with respect to Crown purchases, and to a lesser extent with respect to private purchases.

A consequence of the principal focus of the research, and the time and level of funding available, is that some blocks have not been researched at all (7% of total area), or are covered at only a very superficial level. These tend to be smaller blocks in more closely settled areas, which were often subject to purchase by private individuals.

The intention of this report has been to provide a history of the various dealings with the block, rather than a history of those persons, their successors and their families, who were appointed as owners of the blocks. The subject of the research has been the land rather than the people.

In preparing this report Government and Maori Land Court sources were relied upon. Hauraki tribal sources were not used, on the basis that the people are better able to present their history direct to the Waitangi Tribunal themselves.

For convenience in presenting the research, the Hauraki tribal territory has been split into eleven districts which are contained in the four parts to this volume. The boundaries of these districts are arbitrary ones based on geography rather than on iwi or hapu territorial boundaries (see Hauraki Region Districts map). No significance should be read into the district boundaries that have been used.

IX

THE HAURAKI TRIBAL LANDS —PART I

In most cases, small illustrative maps have been included in the text to locate the block under discussion. The constraints on the mapping project for this work meant that for complete map accuracy and precision, the original Maori land plans should be referred to. These original plans are referenced in the footnotes. Large display maps for the whole Hauraki tribal territory are available to identify all the land blocks that were researched. A series of maps showing land alienation at various points through the 19th and 20th centuries are contained in Volumes Four and Six.

X

HAURAKI REGION DISTRICTS

XI

MAP I: HAURAKI REGION

Moehau District

This district covers the northern end of the Coromandel Peninsula, from Cape Colville to just north of Whangapoua on the eastern side, and to Kikowhakarere Bay on the western side.

Blocks in this district that have not been researched are primarily those in the valley of the Umangawha Stream at Colville, and around Colville Bay (known last century as Cabbage Bay).

MOEHAU DI STRICT

2

AHIRAU 1 AND 2

CREATED 29 August 1878

Hauraki Minute Book n pages 237-247, 249-253, 257, and 272-273

AREA   1,761 acres

PLAN   Hamilton Maori Land plan 2171

This land appears to have been swampland from which kauri gum was dug. It lies on either side of the Ahirau River.

Prior to title being investigated a European had run cattle on the Ahirau block, paying Ngati Whanaunga £m for the privilege.1

Investigation of Title

Ahirau block was surveyed by George Wiltshire in 1871.2 The plan was approved in April 1871,

at which time the block was being referred to as Otautu 3 block. The block came before the Court in June 1871, when title to Otautu was being investigated. It was discussed extensively at this time.

Ngati Tam atera's surveyor, G Wiltshire, explained that

I conducted the survey. Mr Jordan went down to Cabbage Bay and took down the names of some of the boundaries. Mr Jordan told me ... Mr Davis [conductor for Ngati Tamatera] was with him. The plan was made at Grahamstown in Mr Jordan's office. I plotted the plan and Mr Jordan put the names on the map. The names were put on independently of the natives. The plan was not to my knowledge submitted either to ... Mr Davis or to the natives to ascertain the correctness of the names. I saw two native houses near the line where I commenced to make the survey. I did not know that a name that should [have been] there has been misplaced to another place until today. No names were pointed out to me on the ground. ... I plotted the plan and left the writing to Mr Jordan. I cannot certify as to the correctness of the names.3

He added that his charges for the survey totalled £86-15-od.4

Another surveyor, Edward Tregear, also reported on the block.'

When no further progress was made on the survey, the Court adjourned the case.6

In April 1878 Hon Ngakapa Whanaunga of Ngati Whanaunga applied to the Court to have the title to Ahirau block investigated.' At this stage the block he was applying for extended to

the sea coast. The Native Minister also applied to have title investigated and the relative interest of the Crown in the block determined.'

1 Hauraki Minute Book n page 245. Supporting Papers C17.59.

2 Hamilton Maori Land plan 2,171. Supporting Papers #N33.

3 Coromandel Minute Book z pages 97-98. Supporting Papers C2=-23.

4   Coromandel Minute Book 2 page 103. Supporting Papers #J2.2.8.

5   Coromandel Minute Book z pages 212-213. Supporting Papers #Jz.128-129.

6   Coromandel Minute Book z page 397. Supporting Papers #J2.145.

7 Application for Investigation of Title, 6 April 1878. Maori Land Court Hamilton Block Orders file cig. Supporting Papers #1(7.1.

8 Native Minister to Chief Judge Native Land Court, 8 April 1878 (z letters). Maori Land Court Hamilton Block Orders file C151. Supporting Papers #K7.2-3.

3

THE HAURAKI TRIBAL LANDS—PART I

At the hearing in August 1878,9 Hori Ngakapa Whanaunga claimed through his ancestor Te Ngaiho. He explained that Ngaiho was the younger son of Ngaiopoko, and that

he lived on this land up to the time of the Ngapuhi invasion, when we went inland leaving the land without any inhabitants. One of [Ngaio's people's] settlements was at Mekemeke on the Ahirau River, this was a cultivation, also Pakotai which was a pa about a mile distant from Mekemeke. Ngaio lived in this pa and as did his descendants up to the Ngapuhi invasion. [Ngaio's] elder brother Kuripongo or his descendants never lived on this land, they were living on and looking after other lands about Shortland. Whilst Ngaio was looking after this, Pariki Awhiowhio remained on this land for some time after the others had left, but having killed a Ngapuhi called Kahoi he also went inland after the others. Some time after the return of the tribes inland, Te Waka and I had a contention about this land, as he had included a portion of this land within his survey. This dispute was ended by Te Waka giving up the land to Hareta, some time after this dispute Waiparu went and planted potatoes on this land. He was a N' Tamatera, when N' Whanaunga heard of these potatoes they went and pulled them up and he ceased cultivating there. If judgement was given in our favour on this land, I should wish all the descendants of Te Kuripanga and Te Ngaio to have an interest in the land, that is on the eastern side of the Ahirau River. On the western side of the river Raika Whakarongotai and others own, we have no claim there.10

Ngati Tamatera counter claimed from their ancestor Te Tau. They said that Ngati Tamatera had cultivated the land, and had not been interfered with by Ngati Whanaunga.

The Court appears to have been influenced by the testimony of Eparaima Kingi, who claimed to be of both Ngati Whanaunga and Ngati Tamatera. He stated that the land on the

eastern side of the Ahirau River belonged to Ngati Whanaunga from their ancestor Ngaio, while the land on the western side belonged to Ngati Hinerangi from their ancestor

Putataka. Both Ngaio and Putataka had been given the land by Mahanga. He denied Ngati Tamatera's claim.11 Two descendants of Mahanga, Natanahira Te Urupa and Tamati Waka Te Puhi, confirmed the gift.

The Court delivered a judgement in favour of Ngaiterangi and Ngati Whanaunga.12 When

lists of owners were handed in, it determined that the owners of Ahirau 1, of 1480 acres, were Hori Ngakapa Whanaunga and 17 others of Ngati Whanaunga, while the owners of Ahirau 2, of 296 acres 3 roods, were Raika Whakarongotai and 18 others of Ngati Hinerangi.13

Award to Crown

The Crown in May 1878 (i.e. before it had passed through the Native Land Court) notified that monies had been paid for interests in the Moehau Block, and that purchase of the block

was being negotiated by the Government.14

9   Hauraki Minute Book 11 pages 237–247, 249–253, 257, and 272–273. Supporting Papers #J17.51–61, 62–66, 68, and 69–70.

10 Hauraki Minute Book 11 pages 237–238. Supporting Papers #17.51–52.

11 Hauraki Minute Book 11 pages 249–250. Supporting Papers #J17.62–63.

12 Hauraki Minute Book 11 page 253. Supporting Papers #J17.66.

13 Orders of the Court, 29 August 1878. Maori Land Court Hamilton Block Orders file C151. Supporting Papers #K7.6–7.

14 New Zealand Gazette 1878 pages 600–608, at page 606. Supporting Papers #W11.1–9.

4

Moehau District: Ahirau 1 and 2

On 11 September 1878 James Mackay applied on behalf of the Crown to have the ownership orders for Ahirau 1 and 2 superseded and substituted by an ownership order in favour of the Crown. No debate is recorded in the Court minute book.15

The Native Land Court issued an order awarding Ahirau 1 and 2 to the Crown.16 This order is recorded as the deed of transfer.17

During the research for this evidence, no record of the dealings between Mackay and the Maori owners has been located.

The purchase by the Crown was notified in 1880.18

15 Hauraki Minute Book it page 356. Supporting Papers #J17.98.

16 Order of Court, 11 September 1878. Maori Land Court Hamilton Block Orders file C151. Supporting Papers #K7.8–9.

17 Auckland Deed 1077. Supporting Papers #A104.

18 New Zealand Gazette 1880 pages 452–456. Supporting Papers #W13.1–5.

5

HARATAUNGA

CREATED 8 August 1872

Hauraki Minute Book 6 pages 411-414

AREA   8891 acres

PLAN   Hamilton Maori Land plan 2525

Cession of Gold Mining Rights to the Crown

In May 1868 a large area at Kennedys Bay was ceded to the Crown for goldmining purposes. This cession was made by Ngati Porou, but was before the boundaries of their Harataunga block had been defined by the Native Land Court. The agreement specified that two areas being leased by Smart and Hogg were not included in the cession.

EW Puckey, the Native Agent for Thames and Coromandel wrote a report in July 188o, at the time he ceased working for the Crown, in which he summarised the work he had done during the 1870's in distributing goldmining revenue to the owners of Harataunga.

No payment of Miners Rights fees was made by Mr Mackay to the owners, some of whom appointed Mr CO Davis their attorney. Repeated applications were made to me to pay the monies in the Deposit Account to the credit of that block over to their attorney, but as I was not satisfied that all the owners concurred in the appointment of Mr Davis, I refused. In December 1870, there being some judgements in the District Court Auckland against some of the presumed owners, Ropata Ngatai and others, I went to Kennedy Bay to arrange for a payment to relieve them. A discussion took place which lasted from zpm till daylight next morning, the natives insisting on the payment of the whole sum, whilst I refused to pay more than one half; they telling me they represented all the owners whilst I believed from their eagerness to get the money without waiting for me to hear from Waiapu [on the East Coast] that there were other owners. I told them they should have one half of the money or none at all, they then agreed to my terms but not without much grumbling and voluble talk. The balance was therefore reserved till Major Ropata Wahawaha reached Auckland accompanied by Ropata Ngatai. I went to Auckland and paid it to him. I told the Major all that had occurred and had the satisfaction of feeling that I had acted judiciously. Other payments have at intervals been made since to Major Ropata and Rev Ranura Kawhia who substantiated their claims to the whole of the known auriferous portions of the block in the Native Land Court at Coromandel in February 1878, since which time one payment has been made. The Miners Rights and other fees are payable annually on July 23rd.1

Investigation of Title

In June 1868 an application for the investigation of Harataunga block came before the Native Land Court. The claim was dismissed because there was no survey plan.2 However orders were made at this time for Harataunga 2, 3 and 4 blocks (see separate sections of this evidence).

Harataunga block was surveyed by John Gwynneth in November 1871.3

1 Native Agent Thames to Under Secretary Native Department, 31 July 1880. Item 6 of Evidence to Inquiry by Native Land Court pursuant to Section 22 Native Purposes Act 1935. Maori Affairs Head Office Special File 62. Supporting Papers #C13.1-13.

2 Hauraki Minute Book z page 7.

3 Hamilton Maori Land plan 2525. Supporting Papers #N44.

6

Moehau District: Harataunga

The Court then sat at Coromandel in June 1872 to consider this block. Ropata Wahawaha and Ropata Ngatai of Ngati Porou stated that Paora Te Putu of Ngati Tamatera had gifted the block to Ngati Porou in 1852, to act as an anchorage and stopping over place for vessels travelling from the East Coast to Auckland. This arrangement was confirmed at a meeting between Paora Te Putu and Ngati Porou in 1854. The case was adjourned.4

In June 1872 James Mackay, the Crown land purchase agent, reported that

During this month I attended the Native Land Court at Coromandel and succeeded in securing a title for Major Ropata Wahawaha and Te Itanga-a-Mate hapu of Ngatiporou for the Kennedy

Bay block ...5

On 8 August 1872 the adjourned hearing resumed at Shortland. 10 names were handed in to go on the title, together with 36 names to be registered under Section 17 Native Lands Act 1867. A further 5 names were added to the Section 17 list at the hearing, making 41 in all.6

The certificate of title excepted Harataunga 3 and Te Tanihu Blocks.

Partition

Harataunga was partitioned in February 1878.7 The Court divided the block in two, along the Harataunga Stream,8 with Harataunga West (4339 acres) awarded to Ropata Wahawaha's party, and Harataunga East (4552 acres) awarded to the Itanga-a-Mate hapu.

Harataunga West was then partitioned into 7 subdivisions, as follows:

Harataunga West 1 93 acres   4 owners

Harataunga West 2   224 acres 7 owners

Harataunga West 3   980 acres 8 owners

Harataunga West 4   552 acres   5 owners

Harataunga West 5   642 acres 4 owners

Harataunga West 6   1014 acres 3 owners

Harataunga West 7   834 acres   11 owners.

No subdivision of Harataunga East was made, because the owners were not able to agree among themselves.9

These subdivisions were not surveyed until 189210

Survey Liens

In July 1895 survey charging orders were made as follows:

Harataunga West 1 £13–10–0d Harataunga West 2   £28

4   Coromandel Minute Book 2 pages 380–395,397 and 400–401.

5 J Mackay, Auckland, to Minister of Public Works, 22 June 1872. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.1–10.

6 Hauraki Minute Book 6 pages 411–414. Orders of Court, 8 August 1872. Maori Land Court Block Orders file C319. Supporting Papers #K16.1–3.

7   Coromandel Minute Book 3 pages 79–105 and 110–117.

8   Coromandel Minute Book 3 page 105. Supporting Papers #J3.11.

9 Registrar Native Land Court Auckland to Chief Judge Native Land Court, 4 January 1878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.4–6.

10 Hamilton Maori Land plan 6385–6391. Supporting Papers #N209.

7

THE HAURAKI TRIBAL LANDS—PART I

Harataunga West 3   £42

Harataunga West 4   £37–10–0d

Harataunga West 5   £37–10–0d

Harataunga West 6   £42–15–d

Harataunga West 7 £40

Harataunga East 1 £15

Harataunga East 1A £15

Harataunga East 2   £8811

In March 1899, when the Crown's interest in the Harataunga West subdivisions was defined,

the survey charging orders on the affected blocks (i.e. Harataunga West 1–5 and 7) were

cancelled because they had been paid12. Mair reported after the Court sitting that

As the proposal to take land at the rate of 5/- an acre [the price paid by the Crown when purchasing interests] to pay for the surveys would, in some cases, have absorbed the major portion of the blocks, the natives were permitted to pay the survey liens in cash, which they did on the 18th March direct to the Chief Surveyor Auckland. 13

The amount paid to cover the liens and interest was £187–12–7d.14

Intended Purchase by Crown

In January 1872 James Mackay, who was seeking to be employed on commission as a Government land purchase agent, wrote about this block, which he referred to as Kennedy Bay block.

This block was formerly surveyed at Government expense and contains about 9,500 acres. No further ouday 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 Cruikshank and Smart, but now abandoned by them, which is suitable for a town site and settlement. The remainder, say 8000 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 Cmikshank and Smart, who own a sawmill there.15

In June 1872, when reporting on the Court hearing held that month, Mackay added that [Harataunga] contains about 8000 acres exclusive of reserves, and which may I think be purchased for about £5000. This may appear to be a large sum, but it must be borne in mind that

part of the Tokatea and the whole of the "Bismarck", "Siege of Paris" and other valuable claims are situated within it, and that very rich gold has been recendy discovered at Waikoromiko in the centre of the block, and at some distance from the claims at present worked. I would recommend the purchase of this block at an early date, or the price will probably be much increased .16

11 Hauraki Minute Book 37 pages 122–123. Supporting Papers #J44.3–4.

12 Coromandel Minute Book 6 page 127. Supporting Papers #J6.31.

13 Land Purchase Officer Thames to Chief Land Purchase Officer, 23 March 1899. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.75–77.

14 Chief Surveyor Auckland to Chief Land Purchase Officer, 22 April 1899, on Land Purchase Officer Thames to Chief Land Purchase Officer, 23 March 1899. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.75–77.

15 James Mackay, Auckland, to Minister of Public Works, 24 January 1872. Maori Affairs Head Office file MLP 1885/18. Supporting Papers #B54.1–26. AJHR 1873, G–8, pages 1–5. Supporting Papers #U1.1–5.

16 J Mackay, Auckland, to Minister of Public Works, 22 June 1872. Maori Affairs Head Office file MLP 1881/309. Supporting Papers #B36.1–10.

8

Moehau District: Harataunga

At about this time Mackay seems to have been instructed to find out the views of the Auckland Provincial Superintendent, as he reported that same month that

in accordance with your request, I have communicated with His Honour the Superintendent of Auckland on the subject, and he is willing for the purchase to be made for any sum not exceeding £5000, provided that all the flat land, excepting the portion absolutely required for Native residence and cultivation, be purchased at the same time and included with the remainder of the block for that price.17

This was confirmed by the Superintendent18. Mackay was instructed to proceed, but there is no record of any further action.

In January 1878 James Preece, the Crown's land purchase officer who had succeeded Mackay, enquired about the price authorised for the purchase of Harataunga19. On being told, he replied that

I cannot say whether the extra imprest will be enough until I see the natives. I will get the block for as little as I can, and I think the amount of imprest now authorised by you ought to be enough, but if Mr Mackay has promised the natives .£5000 it will be difficult matter for me to close for less. I note by the plan that most of the flat land is part of a native reserve, and 550 acres of it leased to Smart. I will wire to Kemp [Civil Commissioner Auckland] to see if the lease is registered, as the surveyor tells me he thinks it is abandoned.20

He was also sent some papers about Mackay's purchase activities, and found that

Of the £196 charged against the block, £135 has been paid to Pita Te Hangi and Wikitoria Rangipiki, neither of whom have an interest in the land. That money cannot therefore be chargeable against the block, but I may get it placed by them on some other.21

Mackay was asked to explain, and replied that

Harataunga or Kennedys Bay contains three blocks. One of these is owned by the Ngatiporou and is surveyed and passed the Court—that is the block alluded to by Mr Preece. The second block belongs to the Ngatimaru. The third block belongs to Pita Te Hangi and Wikitoria Rangipiki, and is separate and distinct from the Ngatiporou claim which is confined solely to the block Mr Preece alludes to. If Mr Preece will leave the money paid to Ngatiporou on their part, and that on Pita Te Hangi's on it, he will have no difficulty.22

However, Preece reported that month that a purchase was not possible.

Ngati Porou have arrived [at Coromandel]. Their case comes off tomorrow. They do not at present appear inclined to sell. There never has been any agreement on their part to sell. They say Mr Mackay offered them £5000 but they did not agree. They will however consider the question of sale when the land is subdivided. I do not think the Court can deal with the subdivision, for of the 42 persons named in the certificate, 14 are absent and 3 are dead. Nor do I think it would be wise to buy until the Court apportions the interests. There being so many

17 J Mackay, Wellington, to Minister of Public Works, 23 July 1872. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.1–2.

18 Provincial Superintendent Auckland to Colonial Secretary, 26 July 1872. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.3.

19 Telegram Land Purchase Officer Coromandel to Under Secretary Native Department, 4 January 1878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.7.

20 Telegram Land Purchase Officer Coromandel to Native Minister, 9 January 1878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.8–9.

21 Telegram Land Purchase Officer Coromandel to Accountant Native Department, 11 January 1878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.10–12.

22 J Mackay to Under Secretary Native Department, 16 January 1878, on Telegram Land Purchase Officer Coromandel to Accountant Native Department, 11 January 1878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.10–12.

9

THE HAURAKI TRIBAL LANDS—PART I

absent, besides there is so little now paid on the land that the matter is not now complicated, and would perhaps be were I to take a large sum in the absence of 17 out of 42 persons. The money now debited against the land is £196, but of that £141 has been paid to persons who have no interest in it. Of the balance, £30 was paid to one only out of the 42 owners, and £25 to a survey which latter amount the owners admit.23

Three days later Preece reported that

Harataunga subdivision case adjourned sine die, there being only a sketch plan of the proposed partition, see Section 33 of Act 1873. There were also only 24 out of 42 owners present. Ropata and party are very much put out at the delay, but I do not see that the Court could do otherwise, as the surveyor says it will take six weeks to have a plan ready, and there is no evidence that the absentees have had notice. Ropata desires a special Court to be held here on the 28 February, by which time the survey will be finished, and he undertakes to see that the notices are served personally on all the persons interested. Judge Symonds has telegraphed to the Chief Judge asking him to get notices prepared, which I hope will be done without delay, as Ngatiporou have decided to remain at Harataunga until the Court sits. In the meantime I think the question of the sale had better stand over.24

In late February 1878 Preece reported again.

Harataunga subdivision case over. The natives will sell the Goldfield portion, but not the flat fronting the harbour. Mackay's offer was 11/3d per acre for the whole block, which I think too much. Please instruct me the limit per acre I am to go for the hilly land including Goldfield. I cannot proceed further until I get a reply.25

He was told in reply that

Hon Native Minister considers that the amount formerly agreed on, equal to 11/3d per acre, a high rate for this land, but under the circumstances leave the price to your own judgement, with the limitation that the amount does not exceed a sum at the rate of £5000 for the whole area of the block. You will be good enough to make an effort to reduce this rate, especially as the flat land fronting the harbour has been taken out of the block and the area otherwise lessened.26

But Preece does not seem to have been able to make any progress with the purchase.

In March 1878 the advance of £25 made on account of the survey of Harataunga was refunded.27

This still left £30 owing on the block, this being a payment made to Nepia Hurikaro. In May 1878 the Crown notified that money had ben advanced and the subdivisions of Harataunga were under negotiation by the Government.28

In May 1878 the Mining Warden at Coromandel wrote to John Sheehan, the Minister of Justice.

I have the honour, in pursuance of your instructions, personally and by telegram of the 24th [April], to inform you that I have made inquiries respecting the purchase of the timber on the

23 Telegram Land Purchase Officer Thames to Under Secretary Native Department, 15 January 1878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.13–14.

24 Telegram Land Purchase Officer Coromandel to Under Secretary Native Department, 18 January 1878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.15–16.

25 Telegram Land Purchase Officer Coromandel to Under Secretary Native Department, 25 February 1878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.17.

26 Telegram Accountant Native Department to Land Purchase Officer Coromandel, 25 February 1878. Maori Affairs Head Office file MLP 2899/48. Supporting Papers #B128.18.

27 Land Purchase Officer Coromandel to Under Secretary Native Department, 13 March 1878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.19.

28 New Zealand Gazette 1878 pages 600–608, at page 604. Supporting Papers #w11.2–9.

10

Moehau District: Harataunga

Harataunga block by the Auckland Sawmill Co from Major Ropata and the Ngatiporou, and am of opinion that the sale is not likely to prejudice the interests of the mining community in this district.

It would be as well, however, to make the restrictions, I herein beg to suggest, to avoid any clashing of rights between the purchaser and any person acting under the Mining Regulations.

I think that portion of the block contained in the following boundaries should be excluded from the purchase, or reserved by the purchasers, for the use of the miners, viz, a right line drawn from the Waverly Gold mining company's claim to the junction of the Waikoromiko with the Harataunga, thence up the former creek, including its eastern watershed, to Pita's block.

This would not be asking any great concession from the Company, inasmuch as there is no great amount of kauri timber thereon, and out of what there is now standing a great number have been already secured and the natives paid for them in accordance with the Regulations. These are or should be marked and are still standing, and cut as required.

I believe it is chiefly from the north-western portion of the block that the Company looks to obtain their timber, and in this direction there neither is nor has been for some time any occupation for mining purposes.29

Notification prompted a solicitor for the Auckland Timber Company to propose in September 1878 that the Company buy the block and then hand the freehold title over to the

Government free of charge, in exchange for a timber lease at a peppercorn rental,30 but this offer was not taken up.

In October 1878 the land purchase officer was asked if there had been any change in circumstances since Preece's reports earlier that year. The reply was that

nothing has been done since Mr Preece's minute mentioned by you. To the best of my recollection, at a meeting with the Native Minister and owners, with Mr Mackay and Mr Preece present, it was concluded that the only claim the Government had on the block was for an amount of £30 paid to one Nepia Hurikara, which it was agreed should be refunded. There are other amounts appearing in the land purchase register as against Harataunga, but they are not in Harataunga proper which is through the Court, but were paid by Mr Mackay on other portions of the block not yet surveyed, and to individuals not interested in the block that is already through the Court. The Hon Mr Sheehan and Mr Mackay (if in Wellington) will remember what took place at the meeting I have referred to. It was held in Auckland about May last.31

In November 1878 Major Ropata asked that the notification of intended purchase be withdrawn,32 and this was endorsed by the Native Minister in January 1879.33 In February 1879 the Crown notified that it had relinquished negotiations for the purchase of Harataunga.34

Timber Leases

In 1880 application was made to the Trust Commissioner to certify timber leases to Johnson and Vickery of the Kuparukaitaha and Harataunga blocks. The leases were signed between

29 Mining Warden Coromandel, to Minister of Justice, 7 May 2878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.20–21.

30 ET Dufaur, Auckland, to Government, 20 September 1878, referred to on cover sheet to file N&D 1878/3726. Maori Affairs Head Office file MLP Supporting Papers #B128.22.

31 Telegram WH Grace, Grahamstown, to Accountant Native Department, 18 October 2878. Maori Affairs Head Office file MLP 2899/48. Supporting Papers #B128.23–24.

32 Meiha Ropata, Turanganui, to Accountant Native Department, 7 November 1878. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.25–2.6.

33 Native Minister to Under Secretary Native Department, 22 January 1879, referred to on cover sheet to file N&D 1879/307. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.27.

34 New Zealand Gazette 1879 page 295. Supporting Papers #W12.5.

II

THE HAURAKI TRIBAL LANDS —PART

December 1879 and February 1880 by Ropata Ngatai and others, Ropata Wahawaha and others, and Wiremu Paikea and others.35 The Trust Commissioner heard that

Understand that these two blocks of land are leased to Johnson and Vickery for 21 years. They are to receive £1.0.0 per tree for each kauri tree over 3 feet diameter. Between 2 and 3 feet diameter, 5/-. They will appoint a person to measure the trees. They have reserves on this land to live upon, and have also other lands for their occupation. All the other grantees understand this lease. Payments to be made quarterly.36

Alfred Preece was the land agent acting for Johnson and Vickery. He was unable to get the signatures of all the grantees.37

It seems there may have been a dispute between two competing purchasing parties, as no money was paid to the owners immediately.38

The effect of these leases in relation to the cession of gold mining rights was the subject of some debate in 1897 and 1898.

In September 1897 Mair reported to Wellington that

Re Harataunga West r to 7. I was informed that Gold Revenue was still being paid to natives who have long since disposed of their interests to the Crown, so I served the Receiver of Gold Revenue with a correct copy of sellers and non-sellers up to the latest date. The kauri timber is all being removed from these blocks, but I do not know whether or not it is being taken under agreements properly entered into prior to the Crown commencing the purchase.39

The Chief Land Purchase Officer's reaction was that

These lands were ceded to the Government long before the title was investigated by the Native Land Court. There can therefore be no valid outstanding private lease or agreement to deal with the timber, and it is the duty of the Warden and no other person to stop its removal. The shares acquired in the freehold by the Crown are extremely trifling and do not warrant interference by the Crown Lands Department.40

The Commissioner of Crown Lands then reported in January 1898.

For the past 3 years the Land Purchase Officer, Captain Gilbert Mair, has been acquiring interests in the above blocks, and up to the present time fully one fourth of the land has thus been purchased, but these interests are undivided shares in six out of seven Harataunga West blocks, and I understand it is not likely that the Government will be able to buy many more shares in these blocks for some time to come. There is good kauri timber over the whole of them, but more especially over Nos 3, 4, 5 and 7 amounting in all to about seven million feet. Of this timber, very large quantities have been cut for the last few years and the removal is still going on.

The persons removing the timber claim to have a right under a lease or deed of agreement made 15 or 18 years ago between the native owners and themselves. I could not obtain a perusal of that

35 Alfred Preece to Trust Commissioner, 3 February 1880. Maori Land Court Hamilton Block Orders file C319. Supporting Papers #K16.4–8.

36 Notes of Evidence to Trust Commissioner, 4 February 1880. Maori Land Court Hamilton Block Orders file C319. Supporting Papers #K16.5.

37 Statement by Alfred Preece, undated, and note by Registrar Native Land Court Auckland, 26 November 1880. Maori Land Court Hamilton Block Orders file C319. Supporting Papers #K16.6–8 and 9.

38 John Uncles, Coromandel, to Trust Commissioner, 17 February 1880. Maori Land Court Hamilton Block Orders file C319. Supporting Papers #K16.10.

39 Land Purchase Officer Thames to Chief Land Purchase Officer, 28 September 1897. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.50–51.

40 File note by Chief Land Purchase Officer, 20 October 1897, on Land Purchase Officer Thames to Chief Land Purchase Officer, 28 September 1897. Maori Affairs Head Office file MLP 1899/48. Supporting Papers

#B128.50–51.

12

Moehau District: Harataunga

agreement, however they contend that it is still in force over the whole of the Harataunga blocks, and thus giving them the right to cut and remove the whole of the timber at any time.

This state of affairs was not known to the Land Purchase Officer who bought for the Government—it was not disclosed to him by the vendors and there seems to be no deed registered.

The chief value of these blocks consists in the timber growing upon them, the land being poor and rugged, and entirely unsuited for agricultural or pastoral purposes. The claimants to the timber admit that they have not paid for the timber, but are paying the Natives a fixed price per tree as removed. I have very little doubt but that the deed relied upon is invalid, and I therefore recommend that steps be taken immediately to put a stop to the present procedure. Application should be made to the Native Land Court to partition and cut off the portions acquired by the Crown, and the Judge should be requested to grant an injunction against the removal of any timber from these blocks until such time as the Crown portion is defined. Subsection 9 of section 14 of the Native Land Court Act 1894 meets the case, and Judge Mair is holding a Court at the present time at the Thames, and will shortly I understand sit at Coromandel.

If this action is not taken, we will probably lose the timber to the value of £1000 within the next six months.41

The Surveyor General commented that

There is something in what the C.S. says. If the timber is taken off these lands, there is not much value left. Can't you bring some of the various acts into force and proclaim the lands, so that the removal of timber will become an offence?42

But the Chief Land Purchase Officer responded that

The Chief Surveyor is altogether incorrectly advised as to the position of the Government purchase. Captain Mair has not purchased a single interest in these blocks. A few scattered shares equal to 580 acres altogether have been purchased by Mr Wheeler at Gisborne, and I have moved the Native Land Court to define these. A proclamation would really improve the position of the alleged trespassers. The Harataunga blocks were ceded to the Government for gold mining under one of the agreements validated by the Auckland Gold Fields Proclamations Validation Act 1869. This was before the lands passed through the Native Land Court. There can therefore be no valid private agreement to deal with the timber now subsisting. The only person who can interfere is the Warden, and I have already brought the matter under his notice. The Chief Surveyor had perhaps better do likewise.43

As a result the Surveyor General wrote to the Commissioner of Crown Lands suggesting that he contact the Mining Warden,44 which the Commissioner did in March 1898.45

41 Commissioner of Crown Lands Auckland to Surveyor General, 12 January 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.52–54.

This letter is based upon Crown Lands Ranger Lusk to Commissioner of Crown Lands Auckland,

20 December 1897, attached to Mining Warden Thames to Under Secretary for Mines, 23 May 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.55–69 at 64–66.

42 Surveyor General to Chief Land Purchase Officer, 15 January 1898, on Commissioner of Crown Lands Auckland to Surveyor General, 12 January 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.52–54.

43 Chief Land Purchase Officer to Surveyor General, 20 January 1898, on Commissioner of Crown Lands Auckland to Surveyor General, 12 January 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.52–54.

44 Surveyor General to Commissioner of Crown Lands Auckland, 25 January 1898, attached to Mining Warden Thames to Under Secretary for Mines, 23 May 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.55–69 at 68.

45 Commissioner of Crown Lands Auckland to Mining Warden Thames, 28 March 1898, attached to Mining Warden Thames to Under Secretary for Mines, 23 May 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.55–69 at 67.

13

THE HAURAKI TRIBAL LANDS —PART I

The Warden then wrote to the timber millers, who were named Smythe, Preece and Johnson.

My attention having been drawn to the fact that you are cutting and removing kauri timber from the Harataunga West Block Nos 1 to 7, this is to give you notice that you have no right to interfere with the timber on those blocks, which were ceded to the Crown for mining purposes by the native owners previous to the same being adjudicated on by the Native Land Court. Further, there is nothing registered in your favour at the Deeds Registry Office at Auckland. Should you personally or through your employees be found interfering with these lands after the receipt of this notice, you will be treated as trespassers.46

The solicitors for the timber millers replied.

Our client [John Smythe] has been in actual legal possession of these lands for a period of five years under an assignment of leases from the native owners made in 1879. He has constructed at an expense of several thousand pounds a tramway to enable him to get the timber from these blocks, and it is his intention to resist to the utmost any attempt to deprive him of the fruits of his expenditure.

We altogether deny that the agreement between the native owners and the Governor to allow goldmining on these lands includes or implies a grant of the kauri trees. On the contrary the kauri is expressly reserved to the natives, with a further provision that the natives are to be paid for any trees used for mining purposes. The natives have been receiving royalty for every tree cut down, and any attempt to interfere with the natives in receipt of these royalties would we are sure cause trouble.

Please take notice that our clients Messrs Smyth Brothers claim, as assignees of certain leases from the native owners, the right to cut and remove the kauri timber on Harataunga West and Harataunga East.47

This response was forwarded to the Commissioner of Crown Lands, who replied that

I have carefully examined the agreement referred to, and find that your surmise that the agreement is not very explicit is perfectly correct. In one section it provides that timber licences can be issued by the Governor for £5 per annum, and that the money derived from such timber licences and sales of such kauri timber should be paid over to the natives, and in the next section it is stated that Li instead of L5 should be charged for cutting timber.

The whole agreement is full of apparent contradictions, and exceedingly vague in many of the conditions, but it is very clear in this, that the Government has the right to dispose of timber required for goldmining purposes, and I therefore think that you are fully justified in disposing of whatever timber is applied for goldmining purposes.

Now as regards the right Messrs Smythe, Preece and Johnson claim to have over the Harataunga Blocks, I have to say this, that a careful search at the District Land Registrar's Office disclosed the fact that no transfer or agreement have ever been registered over that block, and that they can therefore have no legal claim to the timber. Section 58 of the Native Land Court Act 1865 applies to this land and this states "that no transfer, conveyance, lease, or other instrument etc shall be valid or have any effect at law or in equity until a receipt by the Treasurer or Sub-Treasurer for the duty payable shall have been endorsed thereon". The parties Smythe, Preece and Johnson, or others before them, may have entered into some arrangement with the natives as to the cutting of timber at Harataunga Blocks, but they never did it in such a way as to give them legal possession. For the purpose of evading the payment of the taxes or duty thereon, they never

46 Mining Warden Thames to Messrs Smythe, Preece and Johnson, 4 April 1898, attached to Mining Warden Thames to Under Secretary for Mines, 23 May 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.55-69 at 69.

47 Russell and Campbell, Solicitors, Auckland, to Mining Warden Thames, at April 1898, attached to Mining Warden Thames to Under Secretary for Mines, 23 May 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.55–69 at 60–61.

14

Moehau District: Harataunga

complied with the requirement of the law, and, I may state here, that in all the subsequent Native Lands Acts there is a similar provision like the one from which I have quoted, namely that of 1865. The very first requirement if they were to take action against the Government granting the right to remove kauri timber for mining purposes, would be this, to produce their legal title, and this I feel assured they could not do.48

The Mining Warden then referred the matter to the Under Secretary for Mines.

[The Deed of Cession of goldmining rights] excepts land leased to James Smart and Alexander Hogg. It may turn out that the cutting of timber now claimed by these parties was formerly vested in Smart and Hogg.

The agreement is not at all clear, and it does not seem to me to be quite such an easy matter for the Warden to step in and stop this timber removing as Mr Sheridan appears to think, however before any action is taken, I deem it my duty to lay the correspondence before you in order that you may instruct me in the matter, as I cannot receive instructions from the Commissioner of Crown Lands or the Native Land Purchase Department. ...

The parties removing the timber may have no lease at all, but only a right to cut and remove timber from the natives.

This matter wants carefully looking into, as it seems to me the agreement upon which the Crown's rights are founded are very vague. You will note Messrs Russell and Campbell speak of a 'lease', but they may mean a 'licence to cut and remove timber'.

The parties may have no valid agreement as suggested by the Commissioner of Crown Lands, but could that alter the vagueness of the agreement with Crown and Natives?49

The Under Secretary referred the case to the Chief Land Purchase Officer, with the comment that

Having regard to the exception in favour of James Smart and Alexander Hogg in the deed of cession of the block dated 13th May 1868 , I do not see how the Warden can interfere with the cutting of timber on the portions of the block stated to be leased to the persons named.50

The Chief Land Purchase Officer replied that

Any alleged lease subsisting at the time of the cession to the Governor was clearly invalid, as the lands had not passed through the Native Land Court. In any case it would have long since expired. I think the removal of the timber by those people should be stopped at all risks. If they had any legal instrument of possession or right, they would have registered it long ago.51

But the Under Secretary for Mines was still concerned about the leases referred to in the deed of cession. He referred the matter again to the Chief Land Purchase Officer.

I attach plan showing the two pieces of [leased] land referred to, the area of which is not stated. It seems to me that it is not so much a question of the validity of the leases to James Smart and Alexander Hogg, as the excepting of these pieces of land from the agreement of r3th May 1868 for the opening of the land for mining. In fact those two pieces of land are not open for mining and the Warden has no jurisdiction in respect to them.52

48 Commissioner of Crown Lands Auckland to Mining Warden Thames, 5 May 1898, attached to Mining Warden Thames to Under Secretary for Mines, 23 May 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.55–69 at 57–59.

49 Mining Warden Thames to Under Secretary for Mines, 23 May 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #13128.55–69.

50 Under Secretary for Mines to Chief Land Purchase Officer, 30 May 1898, on cover sheet to file Mines 98/811. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.70–72.

51 Chief Land Purchase Officer to Under Secretary for Mines, 30 May 1898, on cover sheet to file Mines 98/811. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.70–72.

52 Under Secretary for Mines to Chief Land Purchase Officer, 31 May 1898, on cover sheet to file Mines 98/811. Maori Affairs Head Office file MLP 1899/48. Supporting Papers C3128.70–72.

15

THE HAURAKI TRIBAL LANDS —PART I

The Chief Land Purchase Officer's response was that

In referring to the alleged Native reserve and the lands leased to Smart and Hogg, they are drawing a red herring across the scent. The unlawful removal of the timber is taking place outside the areas and on lands included in the cession to the Crown, that is on the Harataunga West blocks Nos I to 7.53

The Under Secretary for Mines then advised the Surveyor General that

Perhaps the Commissioner of Crown Lands at Auckland would obtain a report from the Ranger on the question, and if it is found that timber is being generally cut all over the blocks, he will institute proceedings to prevent the cutting and removal of the timber. The expression 'Crown Land' in the Mining Act 1891 includes land over which the Governor has obtained power to authorise mining, i.e. 'ceded land'.54

In September 1898 the Chief Surveyor advised that the timber cutting was taking place on Harataunga West 5, 6 and 7.55 It is not known if any further action was taken by the Crown. Partition of Harataunga East

Harataunga East was partitioned in two in 1888 into

Harataunga East1   632 acres

Harataunga East 2   3632 acres56.

Harataunga East I was in turn partitioned in October 1889 into

Harataunga East 1A   316 acres Renata Mauhana and Hiria Rakahunumai equally

Harataunga East is   316 acres Reupena Rongo (1 share) and four child successors to Anaru Horua (¼ share each).57

Offer to Sell Interests in Harataunga East 1B

In April 1891 an Auckland solicitor offered on behalf of Reupena Rongo, one of the two

original owners of Harataunga East 1B   to sell Reupena's interest together with those of his nieces and nephews58. Cadman, the Native Minister and local Member of the House of

Representatives was asked for instructions.

You are no doubt acquainted with this land and know whether it is worth buying. The subdivision will require survey before title can issue, and half of it is owned by minors.59

He decided that the solicitor should be told that

the Government will be prepared to purchase provided he can give a complete title to the land. When he assures us of this title being in a position to be immediately dealt with, the Government will be prepared to make an offer.60

53 Chief Land Purchase Officer to Under Secretary for Mines, 31 May 1898, on cover sheet to file Mines 98/811. Maori Affairs Head Office file MLP 1899/48. Supporting Papers n128.70–71.

54 Under Secretary for Mines to Surveyor General, 1 June 1898, on cover sheet to file Mines 98/811. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.70–71.

55 Chief Surveyor Auckland to Surveyor General, 26 September 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.73.

56 Coromandel Minute Book 4 page 233–254.

57 Coromandel Minute Book 4 pages 274–275.

58 W Swanson, Auckland, to Under Secretary Native Department, 16 April 1891. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.36.

59 Under Secretary Native Department to Native Minister, 7 May 1891, on cover sheet to file NLP 1891/80. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.37–38.

60 Native Minister to Under Secretary Native Department, 11 May 1891, on cover sheet to file NLP 1891/80. Maori Affairs Head Office file MLP/1–99 Supporting Papers #B128.37–38.

6

Moehau District: Harataunga

Further offers to sell interests in Harataunga East subdivisions were made by some members of Ngati Porou on the East Coast, when the land purchase officer at Gisborne was seeking to purchase interests in Harataunga West during 1894 and 1895.61 But it was felt that greater progress should be made with the Harataunga West purchases first.62

Purchase by Crown of Interests in Harataunga West Subdivisions

In May 1890 Alfred Preece offered a number of interests in Harataunga West subdivisions for sale to the Crown.

Mrs Agnes Preece having bought shares in No 7 which represents about 1/8th of block, and No 5 about 1/19th of block, No 2 about 1/30th of block, and No r about 1/4 of block, in all about zoo acres. She would be willing to exchange these shares with the Government for other property.63

However, there was little interest, as the gold mining rights had already been ceded to the Crown.64

In November 1892 Major Ropata offered Harataunga West 1 to 7 for sale to the Government.65 A surveyor named Spencer who was familiar with the block was asked to report.

He replies [by telegram] that he considers the Government might give as much as ten shillings an acre for the block, and that the selling price, or rather unimproved capital value for the land when thrown open for selection, would be one pound an acre for one half and 7/6d an acre for the balance.

The Chief Surveyor, in forwarding this information, added that

I do not agree with him, as I think 5/- an acre the full value which should be given for the land. Mr Spencer says there is valuable kauri timber, which is true, but it is daily being removed by purchasers of the timber and unless Government gain full possession of all timber and can dispose of it 10/- an acre is certainly too much.66

The Surveyor General agreed.

I knew the block well some years ago, and I think for settlement purposes 5/- an acre is all that should be given. It may have a greater value for mining purposes. On this I cannot offer an opinion.67

Spencer's written report became available after this.

The most of it is broken hilly country, but there are some good flats on the banks of the Harataunga River, and in the event of its being thrown open for settlement a good many sections could be laid off having frontages to the river and taking in the portion of the broken country at the back of the flats, so that each section would have a part flat land and the back part broken.

61 Land Purchase Officer Gisborne to Chief Land Purchase Officer, 7 September 1894 (referred to on cover sheet to file NLP 1894/232) and 27 April 1895. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B12.8.46 and 49.

62 Chief Land Purchase Officer to Land Purchase Officer Gisborne, 20 November 1894, on cover sheet to file NLP 1894/232. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.46.

63 Alfred Preece, Coromandel, to Resident Magistrate Coromandel, 9 May 1890. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.32–33.

64 Accountant Native Department to Resident Magistrate Thames, 30 October 1890, on cover sheet to file NLP 1890/355. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.34–35.

65 Native Minister to Under Secretary Native Department, 4 November 1892, referred to on cover sheet to file NLP 1892/184. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.39.

66 Chief Surveyor Auckland to Surveyor General, 19 December 1892. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.40.

67 Surveyor General to Under Secretary Land Purchase, 19 December 1892, on Chief Surveyor Auckland to Surveyor General, 19 December 1892. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.40.

17

THE HAURAKI TRIBAL LANDS–PART I

The flats appear to be very good land, and I put them down as worth £1 per acre. A great part of the block is very broken country, I put it down as worth 10/- an acre as a whole on account of the kauri on it. It is roughly estimated by people who have been over it at thirty million feet, but that may be rather a high estimate, but I know there is a good quantity of kauri in Harataunga East, on the banks of the Harataunga River, which has never been worked, and there is a great quantity on some of the subdivisions of Harataunga West, but a good deal of timber has been cut on this part of the block. I may also inform you that the principal gold workings on the Tokatea are in the Harataunga block.68

In response to this report, the Surveyor General commented that

The kauri on Harataunga East would make that part more valuable, but what is wanted is land for settlement, and kauri land is not worth much on that account. I still think 5/- an acre all round enough to give.69

The Resident Magistrate was then instructed in February 1893 to see how many owners would sell at 5/- an acre.70 Lists of owners were supplied later that month.71

From September 1893 the Crown sought to purchase interests in the 7 Harataunga West subdivisions. The price it was offering for interests was based on a price for all seven subdivisions of £1084–15–od (i.e. 5/- per acre).72 The deed provided for the owners to "surrender,

convey and assure" the land "together with all rights and appurtenances thereto belonging or appertaining ... for ever".

In February 1894 the Crown notified that it had entered into negotiations for the purchase of the Harataunga West 1 to 6.73 The Crown interest in purchasing Harataunga West 7 was notified in September 1894.74 These notices had the effect of preventing private purchasers

from competing with the Crown for purchase of the blocks. The reason for issuing two separate notices is not known.

In November 1894 the newly arrived land purchase officer at Thames, Gilbert Mair, was told that

Mr Brooking [land purchase officer at Gisborne] has had a deed for Harataunga West 1 to 7 under signature for some time, but without making a great deal of progress. You will find the shares which he has acquired marked off in pencil as 'sold' in copies of lists in this file. Please note these on lists which were sent to Mr Northcroft under cover of the within memo, and then try and purchase any of the outstanding shares you can. I enclose deed and schedule of prices.

Purchase of Harataunga East not yet commenced.

68 WCC Spencer, Rawene, to Chief Surveyor Auckland, 20 December 1892, attached to Chief Surveyor Auckland to Surveyor General, 7 January 1893. Maori Affairs Head Office file MLP 1899/48.

Supporting Papers #B128.41–42.

69 Surveyor General to Under Secretary Land Purchase, 24 January 1893, on Chief Surveyor Auckland to Surveyor General, 7 January 1893. Maori Affairs Head Office file MLP 1899/48.

Supporting Papers #B128.41–42.

70 Chief Land Purchase Officer to Resident Magistrate Thames, 8 February 1893, on Chief Surveyor Auckland to Surveyor General, 7 January 1893. Maori Affairs Head Office file MLP 1899/48.

Supporting Papers #B128.41–42.

71 Chief Land Purchase Officer to Resident Magistrate Thames, 24 February 1893. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.43–44.

72 Auckland Deed 3170. Supporting Papers #A292.

74 New Zealand Gazette 1894pages 1422–423. Supporting Papers #W27.7–8.

i8

Moehau District: Harataunga

Advise Brooking of what you do in the way of purchasing shares. He will do likewise, or rather his successor will as he leaves us again at the end of the year.78

Mair responded that

Most of the owners, excepting those on the East Coast, live near Coromandel. I will look them up by and by, and act as you direct whenever a signature is obtained.76

Between 1893 and 1896 the Crown purchased a number of interests. All the purchases were negotiated by the land purchase officer in Gisborne.77 Mair did not obtain any signatures on

the Coromandel Peninsula.

In September 1897 Mair reported that

Puterangi, the principal chief of Kennedys Bay, and his immediate relatives will not sell their interests as they say they have no other land whatever. It has been a great waste of money surveying the numerous subdivisions. The natives seem anxious now to have them all swept away, with a view, if it could be arranged, of taking the non-sellers shares in one or two pieces, and so save cutting up the 6 or 7 divisions into as many more by long narrow strips. This is a valuable property and there is no doubt that dividing it into narrow pieces will greatly depreciate the value.78

When after 1896 there seemed little prospect of obtaining further signatures, application was made to the Native Land Court to have the Crown's interests in each of the 6 Harataunga

West subdivisions where it had purchased interests separately defined. The application was

called at Thames in November 1898, when it was adjourned to Coromandel!' At the resumed hearing in March 1899 the Court made the following awards:

In reporting on the sitting Mair explained that

I had a great deal of trouble in arranging a fair subdivision of the land, owing to the fact that there are large cultivations and a number of wooden houses, the property of the resident non-sellers, on each block. I had to make several visits to Kennedys Bay accompanied by Major Lusk, the Crown Lands Ranger.81 Another difficulty arose from the fact that there had never been a

75 Chief Land Purchase Officer to Land Purchase Officer Thames, zo November 1894, on Chief Land Purchase Officer to Resident Magistrate Thames, 24 February 1893. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.43-44.

76 Land Purchase Officer Thames to Chief Land Purchase Officer, 2 December 1894. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.45.

77 Land Purchase Officer Thames to Chief Land Purchase Officer, z8 September 1897. Maori Affairs Head Office file MLPS

1-99. 4— Supporting Papers #B128.50-51.

78 Hauraki Minute Book 49 page 318. Supporting Papers #J56.3.

79 Coromandel Minute Book 6 pages 113-127 and 150-151. Supporting Papers 0.17-31 and 32-33.

81 Mair had been instructed to work with the Crown Lands Ranger in selecting the portion of each subdivision to be sought by the Crown in partitioning out the Crown's interest. Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 25 October 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.74.

19

THE HAURAKI TRIBAL LANDS —PART 1

definition of shares, and those natives who have resided on the land for the last fifty years were most unwilling to admit that the sellers, none of whom had probably ever seen the land, should have equal shares. However the Crown claims were dealt with on the assumption that the shares were all equal.

In the case of No 1, we selected the back portion, receiving an extra 9 acres by way of compensation on account of want of frontage. In Nos 3 and 4 we selected the back on account of the kauri timber. As to the rest, the Crown awards comprise the best of the land.82

The purchase was notified in 1899.83

The areas awarded to the Crown were shown on a survey plan in 1903.84

Miner's Right Revenue

During the efforts of the land purchase officer in Gisborne to obtain signatures for the sale of interests in the Harataunga West subdivisions, complaints were made by some owners that they were not receiving any income from miner's rights.85 Wilkinson explained the background.

Until March 31st 1892, all revenue accrued from the Harataunga blocks (without any distinction between East and West) has been paid to Ropata Wahawaha and Eruera Kawhia on behalf of all the owners. Since then, however, it has been retained, because of an objection by one of the owners to these chiefs receiving the money. There is now about £145 in hand, and what I propose should be done now is for the Mining Inspector to allocate that money to the particular subdivisions on which the mining etc has taken place, and pay it to the owners of those subdivisions, or to those who they may appoint to receive it. (I may state that there are about 7 subdivisions of Harataunga West, and about 5 of Harataunga East.) Arrangements are being made to so allocate the money now in hand. The Mining Inspector informs me, however, that, so far as the particular subdivision known as Harataunga West No 1 is concerned, no revenue has accrued from it.86

Award of Land to the Crown in Lieu of Survey Charges

In September 1907 the Crown claimed that £1 was owing on Harataunga West 8, for the compilation of a survey plan of the block. The block, which had an area of 1 acre 2 roods 24 perches, had a valuation of £3, so the Crown representative asked for 2 roods to be awarded to the Crown, at the western en 0 the block, in lieu of the survey charges. The Court agreed an awarded the Crown Harataunga West 8A.87 This left the owners with Harataunga West 8B of 1 acre 0 roods 24 perches.

82 Land Purchase Officer Thames to Chief Land Purchase Officer, 23 March 1899. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.75–77.

83 New Zealand Gazette 1899 pages 1359–1361. Supporting Papers #W32.1–3.

84 Hamilton Maori Land plan 6385–6391. Supporting Papers #N209.

85 Land Purchase Officer Gisborne to Chief Land Purchase Officer, 22 January 1895. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.47–48.

86 Native Agent Otorohanga to Mining Warden Thames, 23 March 1895, on Land Purchase Officer Gisborne to Chief Land Purchase Officer, 22 January 1895. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.47–48.

87 Hauraki Minute Book 56 page 355. Supporting Papers #J63.27.

20

Moehau District: Harataunga

Purchase by Crown of Harataunga East nir

There were two owners of Harataunga East nil, which had an area of 197 acres 2 roods. The Crown purchased the interest of Reupene Rongo in October 1915, and the interest of Te Kapa Te Horua in August 1916.88 The purchase price of the block was £250.

In January 1919 the Government notified that it had purchased Harataunga East

Land for Kennedys Bay School

In November 192.6 Harataunga West 2B was partitioned into Harataunga West 2B1 of 2 acres 3 roods 36 perches, and the remainder of the block as Harataunga West 2B2.

The following month Raniera Wharetuatea sold Harataunga West Air to the Auckland Education Board for £6o for a school site." The transfer was confirmed by the WaikatoManiapoto District Maori Land Board in August 1927.

The Auckland Education Board in turn transferred the block to the Crown in December 1942 for the purpose of a native school reserve91.

Land Takings by the Crown

In 1935 the owners of Harataunga West 7B and 8B were notified of the intention to take part of the block for road.92 In 1936 28 acres 2 roods 12.1 perches of Harataunga 7B, and i rood 7.5 perches of Harataunga 8B, were taken for and proclaimed as road.93

88 Auckland    J

Deed 4559. Supporting Papers #A376.

89 New Zealand Gazette 1919 page 210. Supporting Papers #w51.2.

Hamilton Land Registry Transfer 22646. Supporting Papers #QT36.

91 Hamilton Land Registry Transfer 353941. Supporting Papers #Q147.

92 New Zealand Gazette 1935 page 3799. Supporting Papers #w66.3.

93 New

Ivew   Gazette 1936 pages 495 and 533. Supporting Papers #w67.1 and 2.

21

HARATAUNGA 2

CREATED: 24 June 1868

Hauraki Minute Book 2 pages 7–12

AREA:   546 acres

PLAN:   Hamilton Maori Land plan 975

Investigation of Title

The Court ordered that three names go on the title to the block. They were Raniera Kawhia, Ropata Ngatai and Hekiera Tuterangi, who were to hold the land in trust for themselves and all members of the hapus of Ngaitawera, Te Whanauairi, Ngatihoko, Ngatirau, Hangamate, Te Whanauarua, Te Aoweia and Te Whanauarakai, all of Ngati Porou iwi. There were no restrictions on alienability.

Lease

Harataunga 2 was apparently leased by Ropata Ngatai to J Smart. The lease seems to have been the reason for the separate identification of this block.

Determination of Beneficial Ownership

In September 1896 application was made to the Government to give the Native Land Court power to determine who was entitled to be regarded as an owner of the block.1 The Chief Judge agreed that it was proper that the Court hold an inquiry,2 so an Order in Council was issued.3

An Order of the Court determining ownership of Harataunga 2 was made in June 1899.4

Kaimaku Native Township

At some stage part of Harataunga 2 was brought under the Native Townships Act 1895. This matter has not been researched.

1 W Coleman, Barrister and Solicitor, Auckland, to Native Minister, 14 September 1896. Justice Head Office file 1899/1070. Supporting Papers #H1.1–7.

2 Chief Judge Native Land Court to Under Secretary for Justice, 5 October 1896, on cover sheet to file J 1896/1310. Justice Head Office file 1899/1070. Supporting Papers #H1.8.

3 New Zealand Gazette 1897 page 15. Supporting Papers #w30.1.

4 Coromandel Minute Book 8 pages 194–198.

22

HARATAUNGA 3

CREATED 25 June 1868

Hauraki Minute Book 2 pages 13–14

AREA   59 acres

PLAN   Hamilton Maori Land plan 974

This block was awarded to Ropata Ngatai and others in trust.

Lease

Harataunga 3 was apparently leased by Ropata Ngatai to J Smart.

23

HARATAUNGA 4

CREATED   25 June 1868

Hauraki Minute Book 2 page 14

AREA   143 acres

PLAN   Hamilton Maori Land plan 396

OWNERS   Arama Karaka and Wikitoria Rangipiki

CERTIFICATE OF TITLE (Hamilton Land Registry)

PURCHASED BY   James Smart

DATE   12 August 1868

PURCHASE PRICE   £75

TRANSFER REFERENCE Deeds Book DI pages 441–443 (Auckland Land Registry)

Remarks

At the Court hearing Harataunga 4 was claimed by Arama Karaka and Wikitoria Rangipiki of Ngati Tamatera. Wikitoria asked for a Crown Grant to be issued without restrictions on alienability, as "Arama Karaka and I have land elsewhere to cultivate". She added that

The lines were cut on the ground by the surveyor Macdonald. I saw them cut. There was no opposition to the survey. Arama Karaka and I have occupied the land. We were never disturbed. Mr Macdonald is not in the Province.

There was no opposition, and the Court ordered accordingly.

24

MATAMATAHARAKEKE

CREATED   19 December 1871

Coromandel Minute Book 2 pages 16-23 and 216-266

AREA   4025 acres

PLAN   Hamilton Maori Land plans 2042 and 2042A

OWNERS   Paraone Te Awa, Arama Karaka, Wikitoria Rangipiki and Wikitoria Nohohau

CERTIFICATE OF TITLE 3/185 (Hamilton Land Registry)

PURCHASED BY   Walter Vere Stevens (except for 30o acres—see below)

DATE   From Arama Karaka Wikitoria Rangipiki—io August 1881 From Te Akau—i9 August 1881

PURCHASE PRICE   Arama Karaka & Wikitoria Rangipiki-469t Te Akau—£23

TRANSFER DOCUMENTS Arama Karaka 8r, Wikitoria Rangipiki-4968' (Hamilton Land Registry) Te Akau-49652

Remarks

Matamataharakeke was claimed by Paraone Te Awa.3 A claim was also lodged by Paraone Teatoa.4

At first, in May 1871, the block was awarded to Paraone Te Awa solely, but after a rehearing in December 1871 it was awarded to Paraone Te Awa, Arama Karaka, Wikitoria Rangipiki and Wikitoria Nohohau.5

A survey lien of 450 in favour of WG Clarke was issued.6

In January 1872 Alfred Jerome Cadman, later to become Native Minister, purchased the timber on the block, and leased the cutting rights for zt years. The price paid was 450, plus Li a year if demanded. This lease covered the whole block except for some 680-700 acres already leased to Cruikshank, Smart and Company.

Paraone Te Awa was succeeded by Ngapira Te Akau, and Wikitoria Nohohau was succeeded by Arama Karaka. Wikitoria Nohohau's succession had not been ordered by the Native Land

1 Supporting Papers #Q39.

2 Supporting Papers #Q38.

3 Application for Investigation of Title, undated (received 31 December 1869). Maori Land Court Hamilton Block Orders file Ci97. Supporting Papers #1(12.I.

4 Application for Investigation of Title, 14 December 1869. Maori Land Court Hamilton Block Orders file C197. Supporting Papers #1(12.2.

5 Order of the Court, 19 December 1871. Maori Land Court Hamilton Block Orders file c197. Supporting Papers #1(12.4.

6 Notice of Lien, 7 October 187o. Maori Land Court Hamilton Block Orders file C197. Supporting Papers #1(12.3.

25

THE HAURAKI TRIBAL LANDS — PART 1

Court before the transfer deed had been signed. At the time of signing Arama Karaka consented to the money he received as Wikitoria's supposed successor being deposited with Judge Mair of the Native Land Court pending the determination of the successor by the Court. However Judge Mair declined to accept the money, as he held no account into which to pay it. On being told this, the Trust Commissioner directed that the purchaser (Stevens) was to hold the money until succession had been decided, and only when the money had been handed over to the successor as determined by the Court would he sign a certificate approving the sale.7 The Trust Commissioner approved the sale in July 1883.

Matamataharakeke Reserve

The purchase by Stevens included all of Matamataharakeke except for a 300 acre reserve on the Kennedy Bay coast. This reserve was leased by the three Maori owners to Francis Worral Stevens and Walther Vere Stevens for 21 years from January 1882, at an annual rental of £10.8 This lease was confirmed by the Native Land Court in July 1899.9 The Court had earlier, in March 1899, declared the relative interests of the three owners in the reserve block.10

When the lease expired, a fresh lease, for 14 years from 27 January 1903, was entered into between Ngapera Te Akau and Wikitoria Rangipiki, and the Kauri Timber Company Limited.11 This lease allowed the company access over the reserve to go to and from its timber operations on the Matamataharakeke Block, provided that it did not disturb the two owners residing on the reserve, or any cultivations or wahi tapu sites.

The reserve was in December 1908 partitioned in two, plus a 1 acre wahi tapu.12 The larger subdivision of 223 acres 3 roods 10.1 perches was sold to AJ Goudie (the then lessee) in August 1962, while the smaller partition of 71 acres 2 roods 2 perches remains Maori Land subject to a 20 year lease to the Crown from 1 January 1980. The wahi tapu remains Maori Land.

7 Hamilton Land Registry Transfer 4968. Supporting Papers #Q39.

8 Hamilton Land Registry Lease 564. Supporting Papers #Q164.

9 Coromandel Minute Book 8 pages 312–313.

10 Coromandel Minute Book 6 pages 102–107.

11 Hamilton Land Registry Lease 1744. Supporting Papers #Q169.

12 Hauraki Minute Book 59 pages 167, 175 and 177.

z6

MOEHAU

CREATED 5 September 1878 Hauraki Minute Book II pages 305-323

AREA   50,331 acres

PLAN   Hamilton Maori Land plan 2982

The first reference to a Moehau block was at the Native Land Court in July 1867,1 but as no plan had been prepared, it is not known which area was being referred to. The case was struck out.

Purchase by the Crown

In January 1872, when James Mackay was outlining

the services he could offer to the Crown if he was

employed as a Government land purchase agent, he wrote a lengthy report about the Coromandel district, which included a section about a block he referred to as the Cape Colville Block, which broadly corresponds with what came to be known as Moehau.

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 portion 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 miming claims are at present occupied there. Some pieces of land have been sold to Europeans but these form but a small proportion to the whole. The kauri timber at Cabbage Bay, Tangiaro, Matamataharakeke and the northern portion of Kennedys Bay has been sold to Europeans owning sawmills. I have surveyors employed on the external boundaries of this block at the present time. The title is much disputed.2

In March 1872 he reported further.

I have the honour to inform you that the negotiations for the purchase of the Waikawau and Cape Colville Blocks from the Native owners are in a forward state, and the surveys of the external boundaries are nearly completed.

I have received from you advances to the amount of £45o on account of these purchases, which have been expended as follows: viz.,

Ltoo to Mr Creagh on account of the survey of the Waikawau block,

£15o to Mr Tole on account of the survey of the Waikawau [sic, should be Cape Colville] block,

Z200 advanced to Natives (in the shape of goods and stores at Ohinemuri, and which I have paid to storekeepers) on account of the purchase of the above blocks.

The Waikawau and Cape Colville blocks belong to the Ngatitamatera tribe, who principally reside at Ohinemuri and Coromandel, who, although not desirous of disposing of their estates at

1   Coromandel Minute Book i page 88. Supporting Papers #4.7.

2 James Mackay, Auckland to Minister of Public Works, 24 January 1872. Maori Affairs Head Office file MLP 1885/18. Supporting Papers #1354.1-26. AJHR 1873, G-8, pages 1-5. Supporting Papers #ux.x--5.

27

THE HAURAKI TRIBAL LANDS — PART 1

Ohinemuri, are willing to sell those that they own at Waikawau and Cape Colville (at least 130,000 acres). In order to secure their assent to the construction of the telegraph line through their district, I have been compelled to make them presents amounting to upwards of £250, and in procuring their assent to sell the Waikawau and Cape Colville blocks, I have been further obliged to advance to them goods to the amount of £1367–1–5d, of which sum I have paid upwards of £1000 from private funds, which now causes me considerable pecuniary annoyance. I need not, I am sure, draw your attention to the manner in which the people of Ngatitamatera clamoured for these advances of goods and stores, as you have been witness to it on several occasions at Ohinemuri, and if I had failed to make them the telegraph and land purchase questions would not have been in the present satisfactory and forward state.

I do not ask the Government to repay to me the sum of £250 which I gave away in presents on account of the telegraph line, as I presume they will expect me to deduct it from the bonus of £500 payable to me for removing that difficulty, but I am compelled to request that an advance of £1000 be made to me to enable me to overcome my present financial difficulty.

The Natives have agreed to go with me on to the blocks of land and point out their respective pieces within the next two or three weeks, and I then propose to take definite receipts from each of them for the sums advanced on account of the purchase, which receipts will be my vouchers against the amounts received by me from the Colonial Treasury.

As a rule I object to making large advances to Natives on account of the purchase of lands, but I think you will concur with me that this is an exceptional case, and that the political results from my recent proceedings with respect to the Ngatitamatera tribe have been beneficial to the Government of this Colony.

I would moreover point out that, but for being able to administer to the necessities of these Natives, which are at present very great, they would not have been so universally willing to dispose of their claims to the Waikawau and Cape Colville blocks.3

Later that month he added that

I anticipate being able to acquire [Cape Colville] at a price not exceeding 2/- per acre. . . .

I would point out that the present is a good opportunity for purchasing at a low figure (probably for less than above stated) the claims of the tribe Ngatitamatera to the Waikawau and Cape Colville blocks, as the old chief Taraia Ngakuti and the young chief Paora Te Putu belonging to that tribe have recently died, and there is a great demand for money to purchase provisions for the great "tangi" which is to take place over the deceased chiefs. If Dr Pollen was at present in Auckland, I would suggest the advisability of at once purchasing the claims of these natives, and procuring a Deed of Cession to the Crown of the Waikawau and Cape Colville blocks.

A sum of £5000 would probably accomplish this now, and as the area of the Waikawau block is estimated by the surveyor (Mr OM 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.4

Mackay, in making these remarks, was reporting to the Provincial Superintendent in Auckland, Thomas Gillies, in the absence of Dr Pollen, the Agent for the General Govern-

ment, from Auckland. Because of Pollen's absence, Gillies advanced Mackay £2000 for land purchases, and then

3   J Mackay, Auckland, to Agent for General Government Auckland, 4 March 1872. Maori Affairs Head Office file MLP 1873/31. Supporting Papers #82.1–6.

4 J Mackay, Auckland, to Auckland Provincial Superintendent, 20 March 1872, attached to Auckland Provincial Superintendent to Colonial Secretary, 4 April 1872. Maori Affairs Head Office file MLP 1873/35. Supporting Papers #83.1–6.

AJHR, 1873, G–8, page 7. Supporting Papers #U1.7.

28

Moehau District: Moehau

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.5

In June 1872 Mackay reported that

The surveys of the Cape Colville and Waikawau blocks had, as you are aware, been commenced prior to my engagement as Land Purchase Agent under the Immigration and Public Works Act. These are now completed and the compilation of the maps will be finished in the course of a few

days....

Tukukino, Hohepa Te Hauhitu, Mere Titia, Te Kereihi Hukohuko, Wi Katene and Humia Te Weu, who have heretofore been staunch Hauhaus, ... have received payment in full for their claims to the Waikawau and Cape Colville blocks, and have signed the Deed of Cession....

The negotiations for the cession of the Moehau or Cape Colville block are progressing favourably, but this question is not so far advanced as that of Waikawau, it will however be completed in a short time. I know of no difficulty or obstruction other than a few trifling disputes as the boundaries of pieces owned by other tribes, but which have been much simplified by some recent decisions in the Native Land Court at Coromandel.

The Cape Colville block as surveyed contains 6z,000 acres of Native Land ... and I believe the whole cost including survey and other charges will not exceed 2/4d per acre.... Considering the known auriferous character of the Waikawau and Cape Colville blocks, and that the revenue payable in the shape of Miners Rights and Licences will soon repay the cost of the purchase, I do not think the price to be given is excessive or more than could be expected under the circumstances.6

In August 1875 Mackay summarised his negotiations with Ngati Tamatera.

The acquisition of [Moehau and Waikawau] blocks is to a certain extent mixed up with the Ohinemuri question. The chief owners of which are the tribe Ngatitamatera, two thirds of whom in 1872 were Hauhaus and one third loyal. Great pressure was put on the General Government by the Superintendent and people of the Province of Auckland to induce them to purchase these lands. ... After I was instructed to purchase these blocks, I attempted in vain to get the Hauhaus to treat for the sale of them to the Government. They refused to take the Governor's money. At this time their old and influential chief Taraia Ngakuti died, and as usual on such occasions a very grand feast was contemplated, and although the obstructives would not take money, they joined the friendly natives (secretly) in procuring some thousands of pounds worth of flour, sugar, tobacco, tea, bullocks, sheep and clothing. The cost of these supplies was arranged to be placed against the Waikawau block in the first place, but as some members of the tribe had no interest in it, portion of the first and subsequent advances were charged to the Moehau and Ohinemuri blocks. Subsequently large numbers of the Hauhau party for the first time openly joined in the land purchase negotiations which were progressing most favourably, and the price was nearly arranged with them, and some signed a preliminary deed for the Waikawau Block, when the murder of Timothy Sullivan at Waikato in April 1873 threw everything into confusion and the ultra Hauhau party for a time became troublesome. I at the request of the Government went to Waikato as their Agent, and was there engaged for about fourteen months.7 The steps taken on the frontier soon showed the King party that they had no

5 Auckland Provincial Superintendent to Colonial Secretary, 4 April 1872. Maori Affairs Head Office file MLP 1873/35. Supporting Papers #B3.1–6. AJHR, 1873, G-8, page 7. Supporting Papers #U1.7.

6 J Mackay, Auckland, to Minister of Public Works, 22 June 1872. Maori Affairs Head Office file MLP 1881/309. Supporting Papers #B36.1–10.

7 Mackay ceased to be a land purchase agent for the Coromandel-Hauraki district between 1 May 1873 and 30 June 1874. During that time he was employed as the Government Agent at Cambridge, on salary. (File note by RJ Gill, 31 August 1875. Maori Affairs Head Office file MLP 1885/18—Supporting Papers #B54.27.)

29

THE HAURAKI TRIBAL LANDS — PART 1

chance of successfully carrying out any scheme of attack on the out settlements, and in a short time the excitement which obtained in the King territory and Ohinemuri was allayed. The natives at Ohinemuri having at the time of Taraia Ngakuti's death acquired a taste for European food and clothing, became clamorous for further payments, and when these were refused went to storekeepers and procured goods and gave orders on me for payment, which they directed to be charged against one or other of the three blocks (Ohinemuri, Moehau and Waikawau). I left Waikato at the end of June 1874 and at once endeavoured to complete these questions, which had all to be gone over again. Before I could satisfactorily arrange matters on the original basis, I was compelled to devote my whole attention to the Ohinemuri question. ...8 The questions arising out of the purchase of the Waikawau and Moehau blocks remained in abeyance, and I was instructed to complete the transfer to the Crown as soon as possible. I have diligently endeavoured to do so, both personally and through my agents. The final deeds of cession of both blocks are now in course of signature by the tribe Ngatitamatera. Te Hira and Ngakuru (the leaders) and many others of the Hauhau party have executed them. ...

The area of the Moehau block is 54,827 acres and of the Waikawau block 63,975 acres, or a total of 118,802 acres, on which has been paid to the present time £15,560.9.9, or about 2/7½ per acre, being exactly £433.5.3 less than what Captain Daldy and myself were prepared to pay for the Waikawau block alone (we would have given 5/- per acre for it, or £15,993.15.0). ... In the final arrangements it is contemplated to transfer one or two amounts to the Ohinemuri block. I do not think the total cost can exceed 3/- per acre. Under all the circumstances this may be considered to be a very desirable purchase, as the whole is known to be of auriferous character. It is a district which the present Superintendent Sir George Grey lately characterised as being of great value, and one that from what he saw he "believed that for centuries mining would be carried on within", and it cannot be deemed to be dearly acquired at rates not exceeding 3/- per acre, especially when the increased price of land and the great demand for it is taken into consideration.9

In November 1875, when the Government was anxious to terminate the system of employing land purchase agents on commission, yet Mackay was arguing for a lump sum payment in lieu of commission on uncompleted purchases, Mackay was written to by the Native Minister, Donald McLean.

In the interests of the Public Service it is highly desirable that the purchase of certain large blocks in the Thames and Hauraki Districts on which heavy advances have been made should be bought to a conclusion with as little delay as possible.

Among these, the most important are the Waikawau and Moehau 118,802 acres, on which payments have been already made to the extent of £15,410.9.9d, and Waitoa and Piako. These two transactions it is very necessary that Mr Mackay should bring to a close as soon as possible.10

Mackay replied that, with respect to the Waikawau and Moehau blocks,

I believe the deeds of conveyance are on the point of completion.11

This however remained the reported state of affairs for the next two years.

8 From I March to 31 May 1875 Mackay was employed on salary as Government Agent to deal solely with Ohinemuri matters. (File note by RJ Gill, 31 August 1875. Maori Affairs Head Office file 1885/18— Supporting Papers #B54.27.)

9 Memorandum by James Mackay, 26 August 1875. Maori Affairs Head Office file MLP 1885/18. Supporting Papers #B54.28–33.

10 Native Minister to J Mackay, 12 November 1875. Maori Affairs Head Office file MLP 1885/18. Supporting

Papers #B54.34–37.

James Mackay, Wellington, to Native Minister, 13 November 1875. Maori Affairs Head Office file MLP

1885/18. Supporting Papers #B54.38–42.

30

Moehau District: Moehau

The deed for Moehau is dated December 1876, and refers to the purchase of the block by the Crown for £953 from various individuals of Ngati Naunau, Ngati Maru, Ngati Karaua and

Ngati Rongo.12

In July 1877 Mackay reported that

The Moehau or Cape Colville Block has for generations been a fertile source of dispute between the Ngatitamatera, Ngatinaunau, Ngatiwhanaunga, and Ngatimaru tribes. I have held numerous meetings to settle the disputes and arrange the subdivisions of the block. This has at last been accomplished to the satisfaction of all concerned. Ample reserves have been made for the requirements of the Ngatitamatera tribe, which have been marked off on the plan and deed of conveyance, but requiting survey to indicate the exact position on the ground.13

At this time there were 51 signatures on the deed of conveyance, and Mackay's records showed £8,556–18–9d advanced against the Moehau block.

Investigation of Title

In May 1878, prior to the next Court hearing concerning Moehau, the Crown announced that it was negotiating for purchase of the Moehau Block.14 This notice prevented private purchasers from purchasing any of the land in the block.

In September 1878 an application for investigation of the title to Moehau was heard by the Native Land Court.15 This time a plan was available. Tamati Waka Te Puhi of Uringahu claimed the block from his ancestor Te Rakau.

We have lived constantly on this land from the time of our ancestors to last year. We left the land at the time of the Waikato War. As our ancestors died they were buried on the land. Our settlement was at Waiaro. We had no other settlement but we claimed the whole land. Our living there was opposed by N' Tamatera. We each claimed Waiaro and also the remaining portion of the land. There was a disturbance about it. Afterwards peace was made and nothing settled as to the ownership of the land.16

Tamati's claim was challenged by Haora Tareranui for Ngati Tamatera, Hamiora Mangakahia for Ngati Rongo, Tinipoaka for another branch of Uringahu, and Reupene Tahuru and Peneamine Tanui for another branch of Ngati Rongo. In addition,

Ngatiwhanaunga's claim to a portion of Moehau No 1 called Waikawau admitted by all.17

Meha Te Moananui of Ngati Tamatera claimed from his ancestor Raparapa. Ngati Rongo were the descendants of one of Raparapa's sons, Hoi. Meha admitted Tamati Waka's claim in part, to a portion of the block called Poihakena and on Waiaro.

Haora Tareranui supported Meha Te Moananui's evidence, and added that

When money and goods was first advanced on the Ohinemuri lands, N' Koi received advances on the Ohinemuri goldfields. Meha then stated that these advances should not be charged

12 This Deed has not been located during the research for this evidence. A copy is attached to the Report of the Native Land Court following an Inquiry pursuant to Section 22 Native Purposes Act 1935. AJHR, 1940, G-6a, at page 17.

13 J Mackay, Thames, to Minister for Public Works, 31 July 1877. AJHR, 1877, G-7, pages 7–10. Supporting Papers #U11.1–4.

15 New Zealand Gazette 1878 pages 600–608, at pages 602–603. Supporting Papers #W11.1–9.

15 Hauraki Minute Book 11 pages 310–323. Supporting Papers #J17.75–88.

16 Hauraki Minute Book 11page 310. Supporting Papers #J17.75.

17 Hauraki Minute Book 11 page 311. Supporting Papers #J17.76.

31

THE HAURAKI TRIBAL LANDS — PART 1

against the goldfields, but against Moehau. Tinipoaka and others were there and they made no objection. N' Koi objected to this because they had no claim on Moehau....18

I heard of a meeting at Ohinemuri in which the Moehau block was apportioned off to several hapus. Meha would not suffer us to go to that meeting. He wanted to give the whole of it to the Government, as the Waikawau block had been given up. He did this because he wished all the Government advances to be charged against the Moehau block and not against Ohinemuri. When we first commenced to hold meetings for the settlement of this case during the present sitting of the Court, Waka only claimed to have three tapus excluded. We agreed to this and also to his receiving money on account of it as well. He subsequent[ly] made a claim over the Waiaro block, then we applied to have it brought before the Court.19

Hamiora Mangakahia claimed various portions of the block from the ancestors Te Rakau, Tutapu and Rakawanake.

After one day of hearings, the case was adjourned, when James Mackay told the Court that he was in hopes to settle it without taking up the time of the Court.20

Just what went on outside the Court in not clear. One aspect of the negotiations at this time was raised again in 1885. Tamati Waka Te Puhi told a Native Meeting that

Another matter is in connection with the final payment on the Moehau gold field block. The Government has some money that he ought to have.21

George Wilkinson, the land purchase officer in Thames, was asked to investigate this statement. He interviewed Tamati Waka Te Puhi, and recorded him saying that

Regarding my claim to the Moehau block, when Mr Mackay and you were buying the block for Government, Mr Mackay told me that I should have a further payment on that block if I agreed to sell (sign the deed). It is true I was given a reserve all to myself on the top of Moehau of 150 acres, but I was also to get a further money payment of £100. I asked Mr Mackay once for the money when you and Mr Puckey and Mr Grace were in the office, but he did not give it to me then. He said my demand was right. When we got outside he said he would settle it with me.22

Wilkinson reported on Tamati Waka's claim that

I cannot substantiate Tamati Waka's statement. I assisted Mr Mackay in the Moehau purchase, and I know that Tamati Waka gave us a great deal of trouble and caused considerable delay, because he wanted more than any of the others were getting; and it was only after an area of 150 acres at the summit of Moehau was given to him as a special reserve for himself alone, that he signed the Government deed. I do not know, neither did I ever hear, of any money payment having been promised to him over and above what he had already received.23

On 12 September 1878 Tamati Waka Te Puhi had been among those signing a receipt for £700, being full and final payment for the interests of Te Uringahu in the Moehau block "excepting reserves as agreed upon and marked on plan".24 On this basis Tamati Waka Te Puhi was told in early 1886 that there were no further monies due to him.25

18 Hauraki Minute Book 11 page 317. Supporting Papers #J17.82.

19 Hauraki Minute Book 11 page 319. Supporting Papers #J17.84.

20 Hauraki Minute Book 11 page 325. Supporting Papers #J17.89.

21 Notes of Native Meetings. AJHR 1885, G-1, page 37. Supporting Papers #U18.8.

22 Notes of meeting, 29 May 1885. Maori Affairs Head Office 1907/507. Supporting Papers #C7.53.

23 Native Agent Alexandra to Under Secretary Native Department, October 1885. Maori Affairs Head Office 1907/507. Supporting Papers #C7.54.

24 Payment Voucher 25949, 12 September 1878. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.55.

25 Under Secretary Native Department to Tamati Waka Te Puhi, 26 January 1886, referred to on cover sheet to file NLP 1885/298. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.56.

32

Moehau District: Moehau

Five days after the sitting was adjourned, on 11 September 1878, Mackay asked the Court to make a series of orders for a number of subdivisions of the Moehau block. Moehau r was to be awarded to Ngati Whanaunga. This was the portion known as Waikawau over which there was no dispute. In addition Moehau 1B and IC (totalling 2229 acres) were to be awarded to the Crown, Moehau ID to Hori Ngakapa Whanaunga solely, and Moehau 1E to Meha Te Moananui and 7 others. The Court agreed.26

On 13 September 1878 the Court agreed to adjourn further consideration of the Moehau z and Moehau 4 blocks to future hearings.27 Mackay then asked for Moehau IP and Moehau (totalling 18,629 acres) to be awarded to the Crown, and for orders to be made for 9 subdivisions of Moehau 1, to be known as Moehau 1G to io. Moehau 3 was to be subdivided into 8 portions,to be known as Moehau 3 and 3A to 3G. Of these Moehau 3C (95 acres) was to be awarded to the Crown. There were no objections and the Court ordered accordingly.28

The net effect of the Court's orders was that, in terms of the acreages understood at the time (i.e. before the reserves had been surveyed), the Moehau Block (i.e. Moehau

and Moehau 3) of 36,293 acres had been divided up, with the Crown awarded 20,953 acres, and the Maori owners awarded 19 reserves totalling 15,340 acres.

Up to January 1879, no instructions had been issued for survey of the reserves. The Native Minister then agreed to authorise the surveys.29

Following survey.30 the Crown's acquisition of Moehau IC (992 acres) and IP (19,500 acres) was notified in 1879,31 while the acquisition of Moehau 1A (446 acres), TR

(802 acres), IF (290 acres) and 3C (95 acres) was notified in 1880.32 This is a total of 22,125 acres.

Subsequent investigation of title to Moehau 2 and Moehau 4 is covered in a separate part of this evidence.

26 Hauraki Minute Book 11 pages 353-356. Supporting Papers #J17.95.98. Auckland Deed 1075. Supporting Papers #A1o2.

27 Hauraki Minute Book u pages 378 and 379a. Supporting Papers #47.115 and 117.

28 Hauraki Minute Book n pages 379 and 379a. Supporting Papers #J17.116 and 117.

29 Under Secretary Native Land Purchase Department to Native Minister, 21 January 1879, and Native Minister to Under Secretary Native Land Purchase Department, 22 January 1879, on Telegram Under Secretary Native Land Purchase Department to Chief Surveyor Auckland, 20 January 1879. Maori Affairs Head Office file 1907/507. Supporting Papers #c7.ro and n.

30 Hamilton Maori Land plan 2982. Supporting Papers #1■1100.

31 New Zealand Gazette 1879 page 1023. Supporting Papers #wr2.15.

32 New Zealand Gazette 1880 pages 452-456. Supporting Papers #w13.1-5.

33

THE HAURAKI TRIBAL LANDS — PART 1

Intended Crown Purchase

After the Court sitting the Native Minister apparently was advised that the lands retained in Maori ownership were "the choice lands the block contains". They had not been made inalienable, and "if they pass into private hands, it will be an injustice to the district".33

The Minister authorised their purchase, and Wilkinson was told that

there is no objection to you purchasing them for the Government if it can be done for a fair price.34

Wilkinson replied that

Mr Puckey and myself are of opinion that some of the reserves may be bought except in cases where the owners have not other land. Will you give me a limit in price.35

Wilkinson also suggested that notice be issued in the Gazette that the Crown was negotiating for the purchase of the reserves, thereby shutting out competing purchasers.36 But apparently the notice issued in May 1878 covering the whole of the Moehau block still protected the Crown's position.

Wilkinson tried again in August 1879 and November 1879 to have the Crown interest in purchasing the Moehau reserves notified.37 On the first occasion he was told to

Purchase as many of the Moehau reserve pieces as you can, closing with them at once if possible.38

But on the second occasion the Native Minister decided, in December 1879, that

These purchases need not be proceeded with, except when the Government are committed to the purchase.39

At this time the purchase of three of the reserve blocks, Moehau 1G, 1L and 3, came into this latter category, while the purchase of Moehau 11 had already been completed. Wilkinson was told to restrict his purchasing to the three which were under negotiation.4° In December 1879, when he advised that the owners were willing to sell, he was authorised to purchase Moehau 1J as well.41

33 Under Secretary Native Land Purchase Department to Native Minister, 30 January 1879. Maori Affairs Head Office file 1907/507. This memorandum was not located during this research.

34 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Grahamstown, 31 January 1879. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.12.

35 Telegram Land Purchase Officer Grahamstown to Under Secretary Native Land Purchase Department, February 1879. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.13.

36 Telegram Land Purchase Officer Grahamstown to Under Secretary Native Land Purchase Department, 6 March 1879. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.14.

37 Telegram Land Purchase Officer Grahamstown to Under Secretary Native Land Purchase Department,

18 August 1879 and 28 November 1879. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.15–16 and 18–19.

38 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 28 August 1879. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.17.

39 File note by Native Minister, 2 December 1879, on Telegram Land Purchase Officer Grahamstown to Under Secretary Native Land Purchase Department, 28 November 1879. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.18–19.

40 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Coromandel, 2 December 1879. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.2.0.

40 See separate section of this evidence.

34

Moehau District: Moehau

Survey Costs

In 1894 or 1895 the Chief Surveyor applied to have the costs of the survey of the Moehau subdivisions charged as liens against the various subdivisions.

James Mackay read about this application in the Court panui, and immediately appeared at the Court, in May 1895, to state

that all the claims for survey of Moehau are wrong. He (Mr Mackay) was the Government agent in the matter of that land, which is a reserve. The Crown by agreement was to survey the lands ... for which the Government should pay.42

A similar, though apparently unrelated, explanation had been given by Haora Tareranui to the Native Minister at a public meeting in Thames in February 1885. Speaking for Ngati Tamatera, he had claimed that

There was one block called Waiaro [Moehau 1G and 1H] 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.43

The Native Land Purchase Department had commented that

I suppose Haora Tareranui refers to the ordinary notice of lien. When Government consents to

forego cost of survey of reserves, it is on the understanding that the titles are to be restricted.44

It was not until March 1899 that the Chief Surveyor's application was heard by the Court.45 When the first application, for a lien of £4–0–2d on Moehau 1E was called, Haora Tareranui objected.

I am a Ngati Tamatera, and for that tribe I am the general representative at all times in Native Land Court.

When the goldfield was ceded ... this cession was made by agreement, and in that agreement it was stipulated that all surveys were to be executed at the expense of the Government. Mr Commissioner James Mackay was the Government representative who was party to this agreement. It was signed by the natives and by Mr Mackay I believe. Mr Mackay had the agreement printed. I produce a copy of the agreement—report laid on table of Parliament produced, A No 17 page 21, made by James Mackay Junior, Civil Commissioner—showing agreement made by James Mackay CC with natives. Section 5: "The Governor shall pay the surveyors for arranging the pieces of land which are excepted, and also the boundaries of the lands owned by other tribes." Signatures Meha Te Moananui and others, 26, also James Mackay CC.

In 1878 the Government bought Moehau and Waikawau blocks. Mackay and Preece were the Government Commissioners. It was understood at that time that in these two blocks the Government were to pay for all surveys of lands reserved for the Maoris, and for the tapus, also surveys of for Maori lands generally.

42 Coromandel Minute Book 5 page 115. Supporting Papers #15.30.

43 Notes of Meeting, 12 February 1885. AJHR 1885, G-1, page 32. Supporting Papers #U18.2.

44 Under Secretary Native Land Purchase Department to Assistant Surveyor General, 31 October 1885, on cover sheet to file NLP 1885/305. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.63.

45 Coromandel Minute Book 6 pages 38–41. Supporting Papers #J6.9–12.

35

THE HAURAKI TRIBAL LANDS — PART I

Mr James Mackay has already given evidence in a Court at Coromandel in 1893 or 94 showing that these survey claims are wrong and he then stated that Government had undertaken to perform the surveys at their own cost.

Mr Mackay, when the reserves were to be laid off, or were being laid off, recognised the obligation of the Government to survey at its own cost.46

The Court determined that the stipulation in the goldfields agreement had to be upheld, and dismissed the Chief Surveyor's applications with respect to the subdivisions of Moehau I and Moehau 3.

The Court's ruling was appealed by the Chief Surveyor. The appeal was heard in July 1901.47 In evidence for the Chief Surveyor, Mr Kensington argued that

The dismissal was a mistake, because the lands for which liens were asked are lands excepted from the Crown purchases made in 1873 and up till present time.

Gazette 1879 page 1023 shows that these lands were purchased under the Immigration Acts. These lands are not excepted from the mining agreement. The exceptions in those agreement are coloured green in map attached to Mr J Mackay's report of 1869. The lands coloured green in this report I admit the Crown is bound to survey without cost. ...

All the cultivation reserves were surveyed by Government at its own cost, i.e. the external boundaries and the reserves. Most of them between 1869 and 1872. In no case do I claim the cost of the survey of the external boundary. But for the cost of divisional survey made since at the request of the native owners.

Since the mining agreement, the Crown began to buy, and such parts as the natives did not wish to sell were cut off, they being charged with their proportion of the cost.

These claims of ours have been brought on before, and adjourned here at request of natives. As long ago as 1895 these cases were before the Court.

The objection as to the G.F. agreement was not raised till cases came on before Judge Wilson.48

But Haora Tareranui stated again that

the lands were surveyed so as to define the lands awarded to the Crown by the Court on partition. The L.P. Officers promised that the Government would pay all costs of survey. Not in writing. We considered that promise equal to the stipulation in the G.F. agreement. All the lands in this piece are Crown lands.

The Government officers who made this promise were Mr Mackay and Mr Preece. Mr Mackay did appear once, and objected to some of these survey charges.49

Kensington countered that

We have always objected to the statement that Mr Mackay agreed to pay all surveys. It must be shown that Mr Mackay had authority to make such a promise. ... The deeds of purchase have been produced to the Court on a former occasion. There is nothing in those deeds to the effect that Government is to pay for the surveys.50

The Court decided that

The appellants have shown that section 5 has been strictly observed. The appeal therefore must succeed, as regards the point upon which the former Court refused the order.

46 Coromandel Minute Book 6 pages 39–40. Supporting Papers #J6.10–11.

47 Coromandel Minute Book 8 pages 368–372. Supporting Papers #J7.6–10.

48 Coromandel Minute Book 8 pages 368–369. Supporting Papers #J7.6–7.

49 Coromandel Minute Book 8 page 370. Supporting Papers #J7.8.

36

Moehau District: Moehau

But a fresh objection is now made, in that, on the purchase of the blocks 9 years later, a promise was made by Mr Mackay as L.P. agent that Government would pay survey. Opportunity will be afforded to prove this new objection. Failing proof, the order must be granted.51

The Court therefore adjourned the appeal, to give the opportunity for Mackay to give evidence.52

Following Mackay's evidence being given, the Court in August 1901 gave its decision.

In view of the positive statements made by Mr Mackay, unshaken on cross-examination, that it was part of the agreement made by him as agent of the Crown, with the Native vendors, that the Crown should pay the cost of the surveys of the parts retained by the Natives, the Court feels bound to hold that the Natives are not liable for the cost of any of these surveys, so far as they are surveys of partitions made since, and therefore refuses to make the Charging Orders asked for.

It is true that Mr Mackay could not show authority in writing to make such an agreement with the Natives, but the Court sees no reason to doubt his statement that he was often given a free hand to settle terms with the Natives according to his own direction.

Though it is not now the custom to survey reserves or other unsold parts free of cost to the Natives, such appears to have been the general practice in earlier days, when also much smaller prices were paid for the land.53

50 Coromandel Minute Book 8 page 371. Supporting Papers #J7.9.

51 Coromandel Minute Book 8 pages 371–372. Supporting Papers #47.9–10.

52 Hauraki Minute Book 50 pages 192–198.

53 Decision of Appellate Court, 6 August 1901. Lands and Survey Auckland file 4017. Supporting Papers #E3.1.

37

MOEHAU I

CREATED II September 1878

Hauraki Minute Book II pages 353-355

AREA   5,823 acres

PLAN   Hamilton Maori Land plan 2982

This block was also known as Waikawau Block. It was awarded to Ngati Whanaunga, specifically to members of Te Mateawa and Ngatiramuri hapu. 32 names were placed on the Memorial of Ownership.

Timber Lease

The Kauri Timber Company obtained a lease or some form of agreement to cut and remove timber from Moehau 1. This lease was not registered, and its details are not therefore known, though a mortgage of it by the Kauri Timber Company to the Trustees Executors and Agency Company Ltd was registered in 1889.

Private Purchase of Interests in Moehau

By a transfer dated April 1885, 14 owners of Moehau I sold their interests in the block to the Auckland Timber Company.

In May 1890 Alfred Preece offered the interests of "one or more owners" in Moehau 1 for sale to the Crown at 425 per share.1 The reaction was that the private dealings complicated the title, and there was little justification in the Crown purchasing interests.2

Partitions

Moehau I was partitioned in two, Moehau 1 East (2250 acres) and 1 West (2730 acres), in April 1898, to enable sale of part (Moehau I West) of the block (see below).3 There were 13 owners who had not sold their interests, and were therefore placed in Moehau 1 East.4

Subsequent partitions of Moehau 1 East were:

13 September 1907   into r East I, I57a 3r, Te Kahatuwai Kiwi solely East 25

9 May 1913 into 1 East 2A, 1161a 3r 2.4p East 213, 98oa 1r zop East 2c (urupa),1 acre6

1 Alfred Preece Coromandel to Resident Magistrate Coromandel, 9 May 189o. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #13128.32-33.

2 Accountant Native Department to Resident Magistrate Thames, 3o October 189o, on cover sheet to file NLP 189o/355. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.34-35.

3 Hauraki Minute Book 47 page rm.

4 Hauraki Minute Book 47 pages 122-123. Supporting Papers #354.14-15.

5 Hauraki Minute Book 57 pages 40-41.

6 Hamilton Maori Land plan KAI.

38

Moehau District: Moehau 1

Private Purchase of Moehau 1 West

Moehau 1 West, found to be 2,719 acres on survey,7 was sold to the Kauri Timber Company, the purchase being endorsed by the Native Land Court in April 1898.8

Offer of Moehau 1 East to the Crown

Shortly after the purchase of Moehau 1 West to the Kauri Timber Company, an offer was apparently made to sell Moehau 1 East to the Crown. However just what this offer was is not

known. The matter came to light when Gilbert Mair, the Crown's land purchase officer at Thames, telegraphed in September 1898 that

Re Moehau No 1 or Waikawau, which has lately been divided between Kauri Timber Company and about 14 non-sellers. Natives wrote you some time ago affirming sell Crown their 2250 acres, which comprises all the deep water frontage. They are all here now asking for a reply. It is a desirable block to acquire. Am informed there are no encumbrances.9

The Chief Land Purchase Officer noted that "I have no record of the offer, but you can decline".10 Mair then responded that

Natives informed accordingly. I think it is a pity this block cannot be purchased. Some time ago the Hon Mr Cadman spoke to me at Paeroa about this land, and said he considered both this and the land on the opposite (the south) side of Waikawau should be acquired.11

Private Purchases of Moehau 1 East

Moehau 1 East 1 was purchased by Thomas Edward Montgomery in February 1913 for £161–10–0d.12

Moehau 1 East 2A and 2B were purchased by Ernest Deeble in June 1913 (for £596–18–10d) and June 1916 (for £567) respectively.13

The urupa of 1 acre (Moehau 1 East 2C) remains Maori Land.

7 Hamilton Maori Land plan 7452. Supporting Papers #N240.

The reduced area was due in part to a deduction for road.

8 Hauraki Minute Book 47 pages 101 and 122.

9 Telegram Land Purchase Officer Thames to Chief Land Purchase officer, 9 September 1898. Maori Affairs Head Office file MLP 1898/147. Supporting Papers #B124.1.

10 Chief Land Purchase Officer to Land Purchase Officer Thames, 9 September 1898, on cover sheet to file NLP 1898/147. Maori Affairs Head Office file MLP 1898/147. Supporting Papers #B124.2–5.

11 Land Purchase Officer Thames to Chief Land Purchase Officer, 18 October 1898, on cover sheet to file NLP 1898/147. Maori Affairs Head Office file MLP 1898/147. Supporting Papers #B124/2–5.

12 Hamilton Land Registry Transfer 73814. Supporting Papers #Q89.

13 Moehau 1 East 2A: Hamilton Land Registry Transfer 96881. Supporting Papers #Q119.

Moehau 1 East 2B: Hamilton Land Registry Transfer 94326. Supporting Papers #Q116.

39

MOEHAU ID

CREATED II September 1878

Hauraki Minute Book II pages 353, 355 and

378-387

AREA   31 acres

On survey became 29 acres 1 rood

PLAN   Hamilton Maori Land plan 2982 and 2982(1D)

This block was also known as Whitirera Block. It is located on the north side of Colville Bay adjacent to Ahirau Block. It was further surveyed in 1885.1

Moehau ID was awarded to Hori Ngakapa Whanaunga, of Te Mateawa hapu of Ngati Whanaunga iwi, solely.

In June 1897 Hon Ngakapa Whanaunga sold the block to Maria Gill, wife of Francis Gill, of Cabbage Bay for £45.2 James Mackay was the interpreter. The deed transferred all Hori's "estate and interest" in the block, which was translated as "aku paanga me aku tikanga katoa ki taua whenua".

Despite this sale, in 1926 Moehau ID was treated as if it was still Maori Land. A road had been constructed along the coastal frontage of the block.3 and the Native Land Court agreed that this road could become a public road.4 The road, with an area of z acres r rood z8 perches, was proclaimed a public road in 1928.5

1 Hamilton Maori Land plan 2982(1D). Supporting Papers #Nto2.

2 Hamilton Land Registry Transfer 19689. Supporting Papers #Q59.

3 Shown on Hamilton Maori Land plan 14198. Supporting Papers #N262.

4 Hauraki Minute Book 69 page 102. Supporting Papers #J76.1.

5 New Zealand Gazette 1928 page 2268. Supporting Papers #w6o.5.

40

MOEHAU IE

CREATED II September 1878

Hauraki Minute Book II pages 353, 355 and 378-387

AREA   481 acres

PLAN   Hamilton Maori Land plan 2982

This block was also known as Patio Reserve. It was awarded to Meha Te Moananui and 7 others.

The block was sold in 1961 by the Maori Trustee as trustee for the owners to June Shandley of Auckland for £500.1 This followed a meeting of owners at Paeroa on 13 November 1959, at which a resolution to sell was passed. The resolution was confirmed by the Maori Land Court in April 1960.

r Hamilton Land Registry Transfer S.233032. Supporting Papers #Q\_149a.

41

MOEHAU IG

CREATED 13 September 1878

Hauraki Minute Book II pages 379, 379a and 38o-381

AREA   1,856 acres

On survey became 1333 acres z roods

PLAN   Hamilton Maori Land plan 2982 and 2982E

This block was also known as Waiaro West Block. It was awarded to Meha Te Moananui and 66 others, all of Ngati Tawhaki hapu of Ngati Tamatera.

Apparently the memorial of ownership for Moehau 1G had included Moehau IN in error. In June 1892 the Court was asked to clarify the memorials of ownership to be issued for Moehau 1G and TN.'

Offer to Sell to the Crown

In November 1879 Wilkinson, the Crown's land purchase agent, advised that he was negotiating for the purchase of Moehau 1G.2 He was told that he could proceed with the purchase of the block.'

However he seems to have made no progress. In December 1882 Wilkinson telegraphed that

A number of the native owners of Moehau No 1G (or Waiaro West reserve) are offering it to me

for sale at 7/6 per acre. There are sixty six owners and I think half or more could be allowed in

either a month or less. Will the Government buy the block?'

Before the Government could decide its policy, Wilkinson forwarded a telegram from an Auckland solicitor, which subsequently turned out to be referring to Moehau 1G and The solicitor's telegram read,

Understand that you are acquiring freehold of parts of Moehau. Wish to give you notice that Auckland Timber [Company] have purchased kauri timber on certain portions, and hope your purchase will be made subject to their timber rights.5

Wilkinson's opinion was that

I am under the impression that the whole of the Moehau blocks are within a proclaimed Goldfield, in which case all the kauri timber has been already transferred to the Crown, subject to Goldfields Regulations, and private parties have no right to acquire timber over these blocks, unless through the Warden of the Goldfields, and at the fixed rate of one pound five shillings per tree.6

Hauraki Minute Book z8 pages 42-43.

2 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, z8 November 1879. Maori Affairs Head Office file 1907/507. Supporting Papers #c7.18-19.

3 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, December 1879. Maori Affairs Head Office file 1907/507. Supporting Papers #c7.20.

4 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 14 December 1882. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.45.

5 Telegram ET Dufaur, Auckland, to Land Purchase Officer Thames, 10 December 1882, attached to Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 21 December 1882. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.46-48.

6 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, z1 December 1882. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.46-48.

42

The Mining Warden was asked for his opinion. He replied that

The Moehau Blocks form a portion of the Cape Colville Block, proclaimed a portion of the goldfield in May 1868. The Government hold the right to mine over this block, the agreement conceding this right, including I believe the right to dispose of the kauri timber at a specified price. Any purchase of the Auckland Timber Company will I presume be made subject to this right.

I would suggest that Mr Dufaur [the Auckland solicitor] be requested to furnish the department with full particulars of his client's title or claim, specifying the block or blocks, for if the Timber Company's title be good, our right to dispose of the kauri timber will be at least doubtful.

I cannot see the purchase of the freehold will make any difference, except as to the payment of the revenue derived from the sale of the timber, which is at present paid to the native owners.7

Dufaur, when approached by Wilkinson, replied that

The blocks of land the timber upon which has been purchased by the Auckland Timber Company are the subdivisions of Moehau known as No 1G and No 1H, [and] Waikawau and other portions which cannot be defined until the land is subdivided by survey.

I have this day seen some of the owners of the various blocks in that district and have been specially requested to call the attention of the Government to the unfair proclamation that at present exists over their lands.

The claim of the Government in respect of the lands purchased by Mr Mackay have been settled and the land awarded to the Crown by the Court, yet the proclamation still exists. Although the land from its mountainous character is worthless for the purposes of settlement, there are here and there patches of ti tree and other wood fit for fuel, yet although the natives were told by Mr Mackay at the time of their signing the Deed to the Crown the lands awarded to them by the Court would be released from the Government lien, it is found in their attempting to deal with their wood that it has not been released.

Will you therefore bring this matter before the Department in order that the lands belonging to the natives can be released from these unfair restrictions.8

No further action seems to have been taken.

In February 1893 Charles Dearle, the land purchase officer in Thames, advised that some of the owners of Moehau 1G and 1H were keen to sell their shares in the blocks to the Crown. He added that

Although the portion of land on the banks of the Waiaro Stream is of fairly good quality, the greater portion of these lands is very broken and of poor quality, and (5/-) five shillings per acre would be the outside value of these lands, I consider.9

The Surveyor General was less generous, estimating Moehau 1G to be worth purchasing at 3/- an acre, and Moehau 1H worth purchasing at 2/- an acre.10 The Minister of Lands

approved purchase at those prices, and Dearle was asked to negotiate with the owners.11 Dearle advised that

I have interviewed a number of the owners of the above blocks and although a few of them would sell at any price, the majority will not accept the Government offer. They want 5/- per acre

7 Mining Warden Thames to Under Secretary for Goldfields, 18 January 1883. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.49–50.

8 ET Dufaur, Auckland, to Land Purchase Officer Thames, 24 September 1883. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.51.

9 Clerk Resident Magistrates Office to Chief Land Purchase Officer, 24 February 1893. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.104.

10 Surveyor General to Chief Land Purchase Officer, 16 March 1893, on cover sheet to file NLP 1893/20. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.105.

11 Mining Warden Thames to Clerk Resident Magistrate's Office Thames, 5 April 1893, on cover sheet to file NLP 1893/20. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.105.

43

THE HAURAKI TRIBAL LANDS—PART 1

for No 1G and 7/6 per acre for No 1H, these being the prices offered by Mr AA Preece, Licensed Interpreter, who is trying to negotiate purchase of these lands for some Europeans. Mr Preece informs me that he has made advances to a few of the owners, but I am satisfied that Natives have not yet signed any deeds. If Government are anxious to purchase, I think No 1G could be acquired at 4/- per acre and No 1H at 5/- to 6/- per acre.12

The Chief Land Purchase Officer considered that, because the Goldfields Regulations covered the majority of the Crown's interests in these blocks, "there are no particular reasons why the Government should acquire them",13 and instructed Dearle not to increase the Crown's offer price, but to get any signatures he could, "then we can if necessary proclaim".14

Protests Over Area of Moehau 1G

In October 1897 a Thames solicitor wrote that

I am instructed by several owners of the Moehau 1G block ... to write to you with reference to the area of the block which is not in accordance with the arrangements made with the Government Agents at the time of the sale of the Moehau Block to the Crown.

My clients state that it was agreed that an area of eighteen hundred acres should be reserved from the sale and granted to the Natives, but that when the survey was made it was found that the area so surveyed was only a little over thirteen hundred acres. I am instructed that the order of the Native Land Court was for the larger area, but that the title has been issued for the lesser area.

My clients ask that the deficiency may be made good and that they should receive a portion of the Crown Land adjoining the Block to make good the deficiency.15

The claim was referred to Wilkinson for comment. He replied that

Moehau No 1G or Waiaro West Reserve should contain 1856 acres according to the Order of N.L. Court made in September 1878.

Moehau No 1N or Whangahumi Reserve should contain 26 acres 2 roods according to the Order of N.L. Court made in September 1878.

So far as I remember, at the time the Moehau Block was before the Court at Shortland for the purpose of defining the Crown's interest by purchase, and defining the Native Reserves, the plan before the Court showed sufficient area to meet the cases of the different reserves as then fixed, after providing for the area for the Crown.

I notice that on the litho-sheet of the Coromandel County the areas of several of the Moehau Reserves as shown thereon (including Moehau No 1G) are less than was intended at the time they were fixed, and less than is set forth in the Orders of Court awarding same to the different Native owners. Why this is so I cannot say. Perhaps the Survey Department can explain.16

The Chief Surveyor's explanation was that

The area of Moehau No 1G is shown upon the original map before the Court (and which was duly approved by the Judge of the N.L. Court) as 1360 acres. On no plan does any larger area

12 File note by Clerk Resident Magistrates Office Thames, 24 April 1893. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.108–109.

13 Chief Land Purchase Officer to Native Minister, 17 May 1893, on file note by Clerk Resident Magistrate's Office Thames, 24 April 1893. Maori Affairs Head Office file 2907/507. Supporting Papers #C7.108–109.

14 Chief Land Purchase Officer to Clerk Resident Magistrate's office Thames, 6 June 1893, on file note by Clerk Resident Magistrate's Office Thames, 24 April 1893. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.108–109.

15 VG Day, Barrister and Solicitor, Thames, to Native Minister, 5 October 1897. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.124.

16 Land Purchase Officer Otorohanga to Chief Land Purchase Officer, 14 October 1897. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.125.

44

Moehau District: Moehau 1G

appear. I can only surmise that it must have been very roughly estimated at first. Anyhow there is now no Crown Land adjacent which could be given, nor do I see reason for giving it.17

The Registrar of the Native Land Court was then asked for his opinion. He replied that There is no description of boundaries or area given in the minutes except where the order of the Court is made and there the area is stated to be 1856 acres. On the plan before the Court the area

was set out as 1360 acres but the order of the Court for a memorial follows the minutes and in it the area is stated to be 1856 acres. Mr Kensington [Chief Draughtsman, who had replied for the Chief Surveyor] informs me that Mr Mackay the Government Agent had his own surveyor at the Court, a Mr Rowe, who marked off upon the map the different subdivisions as they were awarded by the Court and the figures 1360 on the part called 1G are in Mr Rowe's handwriting.

The whole matter was laid before Chief Judge Davy, who decided that a clerical error had been made by one of the officials of the Court, and altered the area in the order to 1333a 2r op.

To explain these latter figures, I may explain that a Memorial was first issued for 1G showing it to

contain 1360 acres. It was afterwards alleged that this area included Moehau No 1N containing 26a 2r. An inquiry was held and it was found to be so. The first Memorial was therefore cancelled and two issued as follows:

Moehau No 1G   1333a 2r

Moehau No 1N   26a 2r.18

In 1900 Haora Tareranui and 9 others petitioned Parliament about the missing 500 acres. They asked for the 500 acres to be returned to them, and for compensation for both the kauri timber which was cut from the 500 acres and the miner's rights.19 The Government's response, written by the Chief Land Purchase Officer, was a summary of the information it had received in 1897.

In 1878 the Moehau Block containing about 35,000 acres came before the Native Land Court for partition and was subdivided into some 22 blocks. The position of each subdivision was laid down on the map by a surveyor; the areas could, in the absence of surveys, be only roughly calculated.

In the present instance the estimated area exceeds the actual one, as disclosed by subsequent

survey, by some 500 acres, the result, in the opinion of the Chief Judge, of a clerical error.20

The Native Affairs Committee decided to refer the petition to the Government for favourable consideration.21 The Chief Land Purchase Officer noted that

I have nothing further to add to my report of the 13 September 1900. The reserves in Moehau were located by boundaries which at the time were unsurveyed. The area of each reserve could only be roughly computed. In some cases the area was under-computed and in other cases overcomputed.22

17 Chief Surveyor Auckland to Chief Land Purchase Officer, 29 October 1897, on Land Purchase Officer Otorohanga to Chief Land Purchase Officer, 14 October 1897. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.125.

18 Registrar Native Land Court Auckland to Chief Land Purchase Officer, 26 November 1897. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.126.

19 Petition 392/1900 of Haora Tareranui and 9 others. Copy on Maori Affairs Head Office file 1907/507. Supporting Papers #C7.131.

20 Report on Petition 392/1900, 13 September 1900. Maori Affairs Head Office file 1907/507. Supporting papers #C7.132.

21 Report of Native Affairs Committee, 6 August 1901. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.133. AJHR 1901, 1–3, page 11. Supporting Papers #U24.1.

22 File note by Chief Land Purchase Officer, 30 August 1901, on cover sheet to file CS 1901/2420. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.134.

45

THE HAURAKI TRIBAL LANDS—PART 1

This concluded the Government's consideration of the petition.

In 1905 a second petition was lodged by Haora Tareranui, seeking redress for the missing 500 acres, and noting that he had never received any reply to his 1900 petition.23 The Chief Land Purchase Officer provided a copy of his report to the 1900 petition, together with a copy of the 1897 reply by the Registrar of the Native Land Court,24 and the Native Affairs Committee recommended that the Government "make immediate inquiry into this case".25

The Chief Judge of the Native Land Court was asked to investigate. He reported that

On referring to the former papers, I can come to no other conclusion than that the Clerk of the Court in 1878 wrote the figures 1856 in the minute of the Court's order inadvertently, and the error was copied into the Court order. I can find nothing else to support the contention that the Court intended to award 1856 acres. It might help to satisfy the Natives if I referred the question for inquiry in open Court under s. 49/95.26

This was done, as when a question was asked in the House of Representatives in September

1907 as to what steps the Government had taken in connection with the 1905 petition, and the Native Affairs Committee's recommendation, the response was that

Inquiry has since been made by the Native Land Court, and the Chief Judge recommends that no further action be taken.27

Partition

In February 1899 Moehau 1G was partitioned into 3 subdivisions, Moehau, 1G1 of 169 acres 0 roods 29 perches, 1G2 of 199 acres, and 1G3 of 965 acres 1 rood 16 perches.28

Offer to Sell a Share to the Crown

In January 1906 Maaka Te Ngaohe offered to sell his share in Moehau 1G3 to the Crown.29 He was told that

As you are only one of a very large number of owners of the Moehau 1G block, I cannot enter into negotiations with you for the purchase of the land unless a considerable number of the other owners express in writing a desire to join with you in the sale.30

Partition

The block was partitioned into eleven divisions on 28 October 1908.31 This seems to have involved the annulling of the 1899 partition orders.

23 Clerk Native Affairs Committee to Under Secretary Justice Department, 3 August 1905. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.135–137.

24 Chief Land Purchase Officer to Clerk Native Affairs Committee, undated. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.138–139.

25 Report of the Native Affairs Committee on Petition 155/1905, 22 August 1905. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.140. AJHR, 1905, 1–3, pages 9–10. Supporting Papers #U25.1–2.

26 Chief Judge Native Land Court to Under Secretary Justice Department, 29 September 1905, on cover sheet to file J 1905/1235. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.141–142.

27 NZ Parliamentary Debates, 11 September 1907, Vol 140, page 813. Supporting Papers #V3.I.

28 Coromandel Minute Book 6 pages 5–6, 8–9, and 11–13. Supporting Papers #J6.1–2, 3–4 and 5–7.

29 Maaka Te Ngahoe, Tuparoa, to Chief Land Purchase Officer, 26 January 1906. Maori Affairs Head Office file MLP 1906/40. Supporting Papers #B156.1–3.

30 Chief Land Purchase Officer to Maaka Te Ngaohe, Tuparoa, 5 July 1906. Maori Affairs Head Office file MLP 1906/40. Supporting Papers #B156.4.

31 Hauraki Minute Book 59 pages 153–154 and 156–158.

46

Moehau District: Moehau 1G

One of the divisions, Moehau 1G5 was further partitioned into two divisions on 8 December 1814, and one of these divisions, Moehau 1G5B was partitioned in two on 5 September 1916.

Purchases by Private Purchasers

Sales of Moehau 1G subdivisions occurred during the period 1910–1916:

•  Moehau 1G1, 182 acres o roods 39 perches, purchased by Ernest Deeble in July 1912 for £190,32

•  Moehau 1G2 and 1G3, 19 acres o roods 31 perches and 29 acres 3 roods 7 perches, purchased by E Deeble in December 1910 for £50,33

•  Moehau 1G4, 149 acres 2 roods 7 perches, purchased by M Deeble in May 1913 for £189,34

•  Moehau 1G5A, 40 acres, purchased by RS Darrow in December 1914 for £120,35

•  Moehau 1G5B2, 273 acres 1 rood 32 perches, purchased by J McDonald in December 1916 for £386–16–0d,36

•  Moehau 1G6, 245 acres o roods 8 perches, purchased by E Deeble in August 1915 for

£243,39

•  Moehau 1G9, 144 acres 0 roods 26 perches, purchased by Ernest Deeble in October 1910 for £147,38

•  Moehau 1G10, 38 acres 1 rood 23 perches, purchased by E Deeble in October 1910 for £40.39

In 1926 some Moehau 1G subdivisions were still Maori Land. A road had been constructed through a number of the subdivisions,40 and the Native Land Court agreed that this road could become a public road.41 The road, with an area of 25 acres 1 rood, was proclaimed a public road in 1928.42

32 Hamilton Land Registry Transfer 78244. Supporting Papers #Q96.

33 Hamilton Land Registry Transfer 85254.

This transfer was not located during this research.

34 Hamilton Land Registry Transfer 79173.

This transfer was not located during this research.

35 Hamilton Land Registry Transfer 95322.

This transfer was not located during this research.

36 Hamilton Land Registry Transfer 99530.

This transfer was not located during this research.

37 Hamilton Land Registry Transfer 91519.

This transfer was not located during this research.

38 Hamilton Land Registry Transfer 78245. Supporting Papers #Q97.

39 Hamilton Land Registry Transfer 78246. Supporting Papers #Q98.

40 Shown on Hamilton Maori Land plan 14198. Supporting Papers #N262.

41 Hauraki Minute Book 69 page 102. Supporting Papers #J76.1.

42 New Zealand Gazette 1928 page 2268. Supporting Papers #W60.5.

47

MOEHAU IH

CREATED 13 September 1878

Hauraki Minute Book II pages 379 and 382-383

AREA   1,026 acres

PLAN   Hamilton Maori Land plan 2982 and 2982E

This block was also known as Waiaro East Block. It was awarded to Meha Te Moananui and 35 others, all of Ngati Tawhaki hapu of Ngati Tamatera.

Crown Interest in Purchasing

Because Moehau 1G and 1H were in the same ownership, many of the dealings concerning Moehau 1G (see that section of this evidence) were duplicated in Moehau 'H.

Partition

This block was partitioned into three divisions on 13 September 1902.1 One of the divisions, Moehau 'Hs, was further partitioned into two divisions on z8 October 1908.2

Purchase by Private Purchasers

Moehau 'FIB' of z6 acres 1 rood 5 perches was purchased by E Deeble in May 1916 for 230.3

1 Hauraki Minute Book 53 pages 227-229 and 234.

2 Hauraki Minute Book 59 page 158.

3 Hamilton Land Registry Transfer 108520. This transfer was not located during this research.

48

MOEHAU II

CREATED 13 September 1878

Hauraki Minute Book II pages 379 and 383

AREA   292 acres

On re-survey became 310 acres

PLAN   Hamilton Maori Land plans 2982 and 4625-6

This block, together with Moehau was also known as the Tohetea or Tohetea I Block. It was awarded to Hohepa Kapene and 5 others of Ngati Rongou hapu of Ngati Tamatera.

It was surveyed in June 1879.1 The block was described on the survey plan as "hills covered with bush".

Sale to the Crown

Wilkinson had been authorised to purchase the Moehau reserves in January 1879.2 In August 1879 he telegraphed that

I have commenced to buy one of the Moehau reserves, viz. Moehau No One I of 292 acres. The price I am giving is a little over seven shillings and sixpence per acre, which I think you will admit is very reasonable, as the Maori reserves are the pick of the Moehau block As these reserves were all passed through the Court without any restrictions being inserted in order of Court, it will I presume now be necessary to have a proclamation issued notifying it is a Government purchase, or a caveat should be lodged.'