Volume 8 Part 2: The Hauraki Tribal Lands :: Ngā Kerēme / Hauraki Treaty of Waitangi Claims :: Hauraki Maori Trust Board Digital Library

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Volume 8 Part 2: The Hauraki Tribal Lands

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1.1 cover

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1.2 Map 1: Hauraki Region

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1.3 i

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1.4 ii

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2 Foreword

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2.1 iii

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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

3 Table of Contents

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3.1 v

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3.2 vi

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3.3 vii

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4 Preface

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4.1 ix

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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 zoth 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.

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4.3 11

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5 Mercury Bay District

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5.1 12

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5.2 13

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5.3 14

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5.4 15

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5.5 16

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HUHURAHI

CREATED II March 1886

Coromandel Minute Book 3 pages 456-457 and 459

AREA 230 acres

PLAN Hamilton Maori Land plan 566o

Investigation of Title

Application to have title to Huhurahi investigated was made by Mita Arama Whakatau, Mere Tekiriwaitai and Rikihana Whakatau of Ngati Parekaiata in August 1883.1 A second application to have title to Huhurahi investigated was made by Rina Rerewaka, Rahera Tanui, Erana Te Onerere, Ereatara Tinirau and Wiremu Te Huia of Ngati Parekaiata and Ngati Hei in November 1885.2

At a hearing in March 1886, Huhurahi was awarded to 14 owners, two of whom (Rahera Whakatau and Mita Whakatau) owned one quarter each of the block. A third quarter was owned by three persons (the first three names on the 1885 application for investigation of title), and the last quarter was owned by the other 9 persons, who were all of the Kingi family.3

Award of Huhurahi 1 to the Crown

In July 1895 the Chief Surveyor obtained a survey charging order for £13-10-8d against the block.4 When this lien was not repaid by August 1906, the Chief Surveyor applied to have a portion of the block to the value of the lien awarded to the Crown.5

The application was heard in August 1907, when the Crown representative explained that Huhurahi had a Government Valuation of 10/- an acre. Including the cost (4-Io-od) of surveying the subdivision to be awarded, the Crown sought 36 acres at the northern end. This would leave the owners with Huhurahi 2 of 194 acres. The Court agreed to this, unless the charges were paid by the owners within one week.6

1 Application for Investigation of Title, 21 August 1883. Maori Land Court Hamilton Block Orders file C264. Supporting Papers #1(13.1.

2 Application for Investigation of Title, 5 November 1885. Maori Land Court Hamilton Block Orders file C264. Supporting Papers #1(13.2.

3 Order of the Court, II March 1886. Maori Land Court Hamilton Block Orders file C264.

Supporting Papers #K13.3.

4 Hauraki Minute Book 37 page 122. Supporting Papers #144.3.

5 Application by Chief Surveyor Auckland, 3o August 1906. Maori Land Court Hamilton Block Orders file C264. Supporting Papers #K13.4.

6 Hauraki Minute Book 56 page 332. Supporting Papers #J63.15. Orders of the Court, 3o August 1907.

Maori Land Court Hamilton Block Orders file C264. Supporting Papers #1(13.5-7.

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KAIMARAMA

INVESTIGATED 5 October 1870

Coromandel Minute Book 2 pages 406-411, and Hauraki Minute Book 6 pages 225-2321

AREA 8300 acres

PLAN Hamilton Maori Land plan 1966

Investigation of Title

Application for investigation of title to Kaimarama was made in May 1870 by Maihi Te Hinaki for Ngati Hura.2 At the owners' request,' the hearing of this and other Mercury Bay applications was heard at Whitianga.

The survey plan was completed by William Graham in July 1870. On being checked by the Chief Surveyor, he noted that

The attention of the Inspector of Surveys is drawn to the circumstance of the existence of many serious discrepancies between the bearings and measurements of the NW boundary (points A to B) of this block, and those of the SE boundary of the previously surveyed contiguous block - Mahakirau, Government land.

As a result the Inspector of Surveys issued instructions for certain corrections to be made to Graham's plan.4

At the Court sitting at Toumuia (Whitianga) on 5 October 1870, Maihi Te Hinaki claimed Kaimarama for his ancestor Piri.

This land has always been in our possession and I hold it now. My father used to snare birds and

eat rats upon it. No one has ever disturbed us, we have always been in undisputed possession.

There are no other owners, I am the sole owner. Te Aioroa was an owner but he died long ago. Two counter-claims were raised, by Maka Peneheireti and Harata Puhata. Maka also claimed from Piri (though later in her cross-examination she also claimed from a later ancestor,

Kaumea), saying that the true owners were Maihi Te Hinaki and herself. The children of Te Aiaroa also had a claim to the land.

William Graham, the surveyor, told the Court that he had surveyed the block.

Maihi and his son pointed out the boundaries. They cut the lines and his people were with me the whole time. I think the survey takes in a small portion of Ounuora granted land. I saw no

1 The Hauraki Minute Book appears to be a copy of the Coromandel Minute Book.

2 Application for Investigation of Title, 23 May 1870. Maori Land Court Hamilton Block Orders file C13z. Supporting Papers #K3.I.

3 Maihi Te Hinaki and 12 others, Whitianga, to Chief Judge Native Land Court, 27 April 1870, and Preece and Graham, Auckland, to Registrar Native Land Court Auckland, 26 May 1870. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.1-2 and 3.

4 Notes on Hamilton Maori Land plan 1966. Supporting Papers #N29.

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Mercury Bay District: Kaimarama

line but I see a note to that effect. I will undertake to make the connection and correct it. There is very little land worth cultivating on this Block, all the rest is very broken. I have a claim of £259 for survey. The natives have no present means of paying the amount, and I wish a lien on the Block. On the NW and SE it adjoins Government land. I found nearly the whole of the Government pegs and I noticed at the time that there must have been something very wrong with that survey, as I could not make the bearings and distances tally at all. I can confidently say that my survey is correct and does not overlap the Government survey.

The Court decided that the counter claimants had no claim. The two children of Te Aiaroa (Hera Puna and Tiepa) were acknowledged as having rights in the land, and the claimants wished to add the name of Wiremu Ngawhare Te Hinaki. These three plus Maihi Te Hinaki were therefore ordered to be the owners of Kaimarama.5

At the Te Weiti hearing later that week Maaka Puhata's conductor, James Mackay, threatened to seek a rehearing of Kaimarama, but this threat was withdrawn when Hera Puna and Tiepa withdrew their claim to Te Weiti.6

At the end of the Kaimarama hearing, the Court referred the survey plan back to Graham to correct it in accordance with the Inspector of Surveys' requirements, and to show the connection of Kaimarama with the adjoining Ounuora. Graham made the corrections and the plan was approved in March 1871.

Survey

In March 1871 Graham advised that his survey costs for Kaimarama had been paid in full by the Mercury Bay Sawmill Co Ltd, thus resulting in the survey lien against the block being transferred to the company.7 The company advised in 1876 that its lien had been paid.8

Timber Leases to Mercury Bay Sawmill Co Ltd

In November 1872 Hera Puna and Ngakapa Whanaunga (as successor to Tiepa Puna) sold the timber and leased the timber cutting and timber driving rights for 99 years from 10 October 1870. The price paid was £2,50, plus 5/- rent per year "if and when demanded."9 On making inquiries for the Trust Commissioner, Puckey, the Native Agent at Thames, stated that Ngakapa Whanaunga and Hera Puna told him that "the signatures attached to the deed are genuine and that they are perfectly satisfied."10

In April 1873 the other two owners, Maihi Te Hinaki and Wiremu Ngawhare Te Hinaki, entered into a similar lease, this time for a price of £220.11

5 Coromandel Minute Book z pages 406–411, and Hauraki Minute Book 6 pages 226–232. Supporting Papers #J2.149–154 and Jl2.6–12.

Order of Court, 5 October 1870. Maori Land Court Hamilton Block Orders file C132. Supporting Papers #K3.2.

6 Hauraki Minute Book 6 pages 279–280.

7 W Graham, Auckland, to Registrar Native Land Court Auckland, 9 March 1871. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.4.

8 Secretary Mercury Bay Sawmill Co Ltd, Auckland, to Native Land Court, 11 October 1876. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.6.

9 Auckland Deed 696. Supporting Papers #A65.

Turtan's Deeds, Deed 355, pages 446–459. Supporting Papers #T2.88–101.

10 Statement by Native Agent Thames, 3 December 1872. Papers for Application 1873/79. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #M1.17–18.

11 Auckland Deed 696. Supporting Papers #A65.

Turton's Deeds, Deed 355, pages 446–459. Supporting Papers #T2.88–101.

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THE HAURAKI TRIBAL LANDS—PART 2

William Young was the interpreter for both leases. They were both certified by the Trust Commissioner in April 1873.

Sale of Part to Mercury Bay Sawmill Co Ltd

In July 1874 three of the four owners sold part of Kaimarama to the Mercury Bay Sawmill Co Ltd. The portion they sold had an estimated area of 2050 acres and was situated at the north eastern end of the block closest to the Whitianga River. The purchase price was £400 (i.e. approximately 4/- per acre). They agreed to "convey and assure" the land "with all the rights, members and appurtenances hereunto belonging ... for ever". This was translated as "ka hokona taua wahi ... me nga mea katoa i runga me nga mea katoa e whaitikanga ana o reira ake tonu atu."12

Those who signed the deed were Maihi Te Hinaki, Hera Puna and Ngakapa Whanaunga (as successor to Tiepa Puna). Wiremu Ngawhare Te Hinaki did not sign. The Trust Commissioner certified the sale of the three interests in July 1874.

That same month WJ Young advised the Native Land Court that part of Kaimarama had been sold to the Mercury Bay Sawmill Co Ltd.13

In May 1876 Benjamin Gilmer, a director of the Sawmill Company, told the Native Land Court, at its inquiry into the succession to Wiremu Ngawhare Te Hinaki, that he had purchased from Wiremu, before he died, those of his interests in Kaimarama that he had not sold to the Crown.

The price was to be £100. He had in goods and money above £50. In money he had two sums of £10 each. Mr Young was present when the payment was made. The arrangement was that we were to give his boy 20 acres of land out of this block. We have had this surveyed for him.

William Young gave evidence confirming that Wiremu had sold his interest to the Sawmill Company, but that he had died before signing a deed of transfer."

The Court ordered that Wiremu's elder brother, Maihi Te Kapua, should succeed. He promised to sign the transfer. Presumably this was because an order of succession to Wiremu's son, who was still a minor, would have caused complications. It was understood by the Court that "the company" would convey 20 acres to Wiremu's son "Te Rangi" (sic).15

In 1876 a conveyance to the Mercury Bay Sawmill Company by Maihi Te Kapua, which was additional to the earlier conveyance by Maihi Te Hinaki and others, was forwarded to the Native Land Court for certification about payment of duty.16

Sale to the Crown

In January 1872 when outlining the services he could offer as land purchase agent for the Government, James Mackay wrote about what he termed the Mercury Bay Block.

12 Auckland Deed 696, Deed A. Supporting Papers #A65.

Turtons Deeds, Deed 355, pages 446–459. Supporting Papers #T2.88–101.

13 WJ Young, Auckland, to Chief Judge Native Land Court, 9 July 1874. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.5.

14 Hauraki Minute Book 9 pages 238–239 and 24.2. Supporting Papers #J15.80–81 and 82.

15 Hauraki Minute Book 9 page 280. Supporting Papers #J15.83.

16 Russell and Devore, Auckland, to Chief Judge Native Land Court, 19 October 1876. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.7.

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Mercury Bay District: Kaimarama

This district is of considerable area, there are probably 40,000 acres of unsold land in it. The extent of land available for settlement is small. Gold has been found in two places, but the workings are now abandoned. Nearly the whole of the land has been granted to the Native owners under the Native Lands Act, and the available kauri timber has been sold to either the Mercury Bay Sawmill Company or the Auckland Sawmill Company, who have valid leases or agreements extending over terms of years. I do not anticipate any great difficulty in procuring the freehold of this district. The Government have previously acquired some large blocks there, but which are of little value for settlement.17

In June 1872 Mackay reported that

Mackay's interest must have spread beyond Te Weiti, as in August 1874 the Crown purchased the freehold of a portion of Kaimarama for £400.19 This portion, to the south of the Mercury

Bay Sawmill Company's portion, had an estimated area of 6700 acres, which meant the

purchase price was about 1/2d per acre. This price was low because of the existence of the timber leases over the land. The owners agreed to "convey and assure" the land "together with

all the rights and appurtenances thereunto belonging ... for ever". James Preece was the interpreter when the signatures of Maihi Te Hinaki and Wiremu Ngawhare Te Hinaki were obtained, while John Guilding was the interpreter when the signatures of Hera Puna and Ngakapa Whanaunga were obtained.

The plans attached to the two deeds of sale of the freehold, to the Mercury Bay Timber Co Ltd and to the Crown, show that there was a slight overlap, as the division line between the two is not the same on each deed.

The portion of Kaimarama purchased by the Crown was declared Waste Lands of the Crown in July 1879.20

17 J 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.

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

19 Auckland Deed 696, Deed C. Supporting Papers #A65.

Turton's Deeds, Deed 355, pages 446–459. Supporting Papers #T2.88–101.

Turtons Deed Plans. Supporting Papers #T3.60.

20 New Zealand Gazette 1879, pages 913–916. Supporting Papers #W12.11–14.

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Mercury Bay District: Kapowai

The Court ordered that a title issue in the names of Arama Whakatau, Mita Arama, Matahera and Rihara Uia.7 There were to be no restrictions on alienability. A lien in favour of Dean was also issued.8 The following month Dean advised that the lien had been satisfied.9 For some unknown reason Dean repeated this advice two years later in November 1872.10

Timber Lease

Five days after the title to Kapowai was decided by the Court, a lease of the block for timber harvesting purposes was issued to Albert Schapp and James Ansenne of Auckland. The lease was for 99 years at a rental of £10–10–0d a year. 11

Purchase by the Crown

In March 1874 Arama Whakatau wrote to the Superintendent of Auckland Province about money owed to him by Mackay for the sale of Kapowai.12 Mackay responded that

Mr Preece made this arrangement at first and paid a deposit on the land. I was prepared to pay

the money at any time if the natives had appeared to sign the deed, which they have not yet

done, and I refused to pay part of them unless all were present.13

By a deed dated April 1875, the Crown purchased Kapowai for £700.14 The Trust Commissioner, on receiving the deed for certification, forwarded it to Puckey, Native Agent at Thames, for him to make inquiries. He returned the deed one year later, noting that he had examined all the vendors except for Arama Whakatau, who had died, and Matahera, who had not visited Thames since he had received the deed.15 The Commissioner ascertained that Matahera lived at Whitianga, then two weeks later certified the deed, in March 1877.

Kapowai was declared Crown Land in July 1879.16

Ahiraumati

When Ahiraumati enclave within Kapowai was excluded from the title to Kapowai, it remained as customary land, until it was itself passed through the Court.

In August 1899 Taumaha Kara, Rahera Tanui and Erana Te Onerere, through Gilbert Mair, the land purchase officer at Thames, wrote to Government.

7 Hauraki Minute Book 9 page 237. Order of the Court, 5 October 1870. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.2.

8 Notification of Lien, 5 October 1870. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.3.

9 Edward Dean, Auckland, to Native Land Court Auckland, 1 November 1870. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.4.

10 Edward Dean, Auckland, to Chief Judge Native Land Court, November 1872. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.5.

11 Timber Lease, 10 October 1870. Copy on Auckland Deed 834. Supporting Papers #A76.

12 Arama Whakatau, Whitianga, to Superintendent Auckland Province, 2 March 1874, attached to Superintendent Auckland Province to Native Minister, 9 March 1874. Maori Affairs Head Office file MLP 1874/137. Supporting Papers #B15.4–6.

13 File note by J Mackay, 31 October 1874, on Superintendent Auckland Province to Native Minister, 9 March 1874. Maori Affairs Head Office file MLP 1874/137. Supporting Papers #B15.4–6.

14 Auckland Deed 834. Supporting Papers #A76.

15 Native Agent Thames to Trust Commissioner Auckland, 17 February 1877. Papers for Application 1875/131. Trust Commissioner Auckland's 1875 Papers. Supporting Papers #M2.10–22, at 21–22.

16 New Zealand Gazette 1879 pages 913–916. Supporting Papers #W12.11–14.

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TE KAUANGA WHENUAKITE

CREATED 22 March 1899

Coromandel Minute Book 6 pages 36-38, 44-53, 55-6o, 62-71, 79-99, 101, 117, 128-135 and 146-148

AREA Te Kauanga Whenuakite 1 - 10 acres Te Kauanga Whenuakite 2 - 490 acres Te Kauanga Whenuakite 3 - 3160 acres Te Kauanga Whenuakite 4 - 3000 acres Te Kauanga Whenuakite 5 - 1298 acres Te Kauanga Whenuakite 6 - 42 acres Te Kauanga Whenuakite 7 - 280 acres

PLAN Hamilton Maori Land plan 6646

Partition

A survey plan of Te Kauanga Whenuakite was compiled in February 1899 based on surveyed boundaries of surrounding blocks.1

The Court was asked to investigate the title the following month. It partitioned the block into 7 subdivisions, known as Te Kauanga Whenuakite 1 to 7. Of these, one, Te Kauanga Whenuakite 3 of 3160 acres, was vested in Rahera Tanui, Erana Te Oneone, and the Chief Surveyor Auckland, in trust to raise funds by the sale of the said Te Kauanga Whenuakite 3 to pay all just charges made in respect of the survey of and the expenses in investigating the title of Te Kauanga Whenuakite in the Native Land Court, and to deposit the balance if any of the said funds with the Public Trustee.2

The other subdivisions were

No 1 of 10 acres, 3 owners in equal shares,

No 2 of 490 acres, 8 owners in unequal shares,

No 4 of 3000 acres, 13 owners in equal shares,

No 5 of 1298 acres, 2 owners in equal shares,

No 6 of 42 acres, 7 owners in equal shares,

No 7 of 280 acres, 4 owners in equal shares.3

An appeal against the Court's decision was heard in July 1901, but was dismissed.4

Survey liens of £50-4-8d and £1-12-8d were awarded against Te Kauanga Whenuakite 5 and 6 respectively, in favour of a surveyor named AL Foster. But it was later acknowledged that this must have been in error.

1 Hamilton Maori Land plan 6646. Supporting Papers #N227.

2 Order of the Court, 22 March 1899. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #13149.1.

3 Commande/Minute Book 6 pages 36-38, 44-53, 55-60, 62-72, 79-99, 101, 117, 128-135 and 146-148.

4 Coromandel Minute Book 8 pages 360-367 and 372. Supporting Papers #17.10.

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THE HAURAKI TRIBAL LANDS–PART 2

Foster surveyed northern end which he called Titirangi No 2. This portion afterwards called by Court Nos 5 and 6. Court on investigation adopted his survey as northern boundary Kauanga Whenuakite, and also as boundary between Nos 5 and 6 and balance of block. As it was clearly the intention that No 3 should pay for all surveys in connection with investigation, it is obvious that mistake has been made in granting liens against Nos 5 and 6. There is nothing in minutes, Court must have overlooked order for No 3. Understand Foster is trying to sell No 5 through Registrar Supreme Court.5

Crown Purchase of Te Kauanga Whenuakite 3

In August 1901, the month after the appeal had been heard, Gilbert Mair, land purchase officer at Thames, reported to Wellington that

Whenuakite Kauanga is a block of five or 6000 acres near the new mines at Kapowai, Mercury Bay. The principal owners Rahera and Erana Tanui have been offering it for sale to the Crown for some years, but there was a rehearing hanging over a part which has only lately been dealt with and the award is in favour of the above named persons. There are only a few owners. It is a very desirable block to acquire if it can be purchased. You will probably be getting telegrams about it as the senders of the attached telegram are always wiring to me.8

The same day Rahera Tanui did telegraph to Wellington.

We offer you for sale 3000 acres Whenuakite No 3 Mercury Bay. Good title, two owners. Reply today.7

When the Chief Land Purchase Officer replied that

Government is not purchasing native lands at present, why don't you look up a private purchaser? What price do you want?8

Rahera responded that the block she offered was

Good gold field land, auriferous, cheap, ten shillings [per] acre.9

In September 1901 Katerina Nikorima wrote to the Prime Minister, Dick Seddon.

I once more take the liberty to ask you on behalf of Erana Te Oneone and her sister Rahera Tanui who are wishing to negotiate with your Government to sell a block of land situated at Mercury Bay.

The name of the block is Kauanga Whenuakite No 3, acreage 3160, which is bounded by Government land [Oteao 2, and 3] on one side and private property on the other side.

There are three grantees to the block, of which the Chief Surveyor here is one, and was granted to them some time last July.

They have (Erana and Rahera) through an interpreter written to one of your officials named Mr P Sheridan [Chief Land Purchase Officer], who replied that the Government did not care about buying land at present, and yet asked what they would sell it for. [This] Has buoyed up their hopes that I have ventured to appeal to headquarters for information regarding these two words, yes or no.

5 Telegram Registrar Native Land Court Auckland to Chief Land Purchase Officer, 26 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.13–14.

6 Land Purchase Officer Thames to Chief Land Purchase Officer, 28 August 1901. Maori Affairs Head

Office file MLP 1902/67. Supporting Papers #B149.2–3.

7 Telegram Rahera Tanui, Auckland, to Chief Land Purchase Officer, 28 August 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B49.4.

8 Telegram Chief Land Purchase Officer to Rahera Tanui, Auckland, 30 August 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.5.

9 Telegram Rahera Tanui, Auckland, to Chief Land Purchase Officer, 4 September 1901. Maori Affairs

Head Office file MLP 1902/67. Supporting Papers #B149.6.

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Mercury Bay District: Te Kauanga Whenuakite

They replied that they would sell at ten shillings an acre. They have waited here for results in vain, and as their tickets for steamer expire today, they are leaving for home without knowing if they can sell or not to your Government.

You will confer me a great honour by letting me know, so that I may be able to forward your reply and relieve their misgiving on the matter in question whether it be yea or nay.10

The Chief Land Purchase Officer reported to the Prime Minister that

The block of land referred to is vested in the Chief Surveyor Auckland and the two natives as trustees to raise funds to defray survey and other expenses in connection with a number of adjoining blocks. Evidently the two natives want to get the manipulation of the funds into their own hands, but they could not give a valid receipt or title without the concurrence of their co-trustee, the Chief Surveyor, on whom of course the whole responsibility. ... They have been reminded of the position through the Hon Mr Kelly, who was in communication with the Hon the Native Minister on the subject.11

A further letter was received on behalf of Erana and Rahera, which had been sent by a settler named Nicholson to the Native Minister.

Re Kauanga Whenuakite block of land. The native owners have asked me to write to you stating that they would like if the Government would purchase the above named block, and if you would oblige by seeing the Minister of Lands re the same, as it is a valuable block on account of being close to the present Kapowai goldfield, it may be an advantage for it to be owned by Government.

If nothing can be done for them re Government purchasing, could you manage to get the Native Minister to arrange for a Native Council to be appointed for the Whitianga District.12

Mair was instructed to tell the Maori owners of the block that they should consult with the Chief Surveyor about a sale,13 and the Native Minister replied to Nicholson in similar vein, with the addition that

Arrangements can probably be made for the purchase of the land by the Crown, but [the two Maori owners] cannot under any circumstances be allowed to assume the rights of beneficial ownership or to appropriate any portion of the proceeds to their own personal use.14

The Chief Surveyor must have suggested the purchase of Kauanga Whenuakite 3 by the Crown at about this time, as the file contains a response by the Chief Land Purchase Officer

to a telegram apparently received from the Chief Surveyor.

I think price which you suggest for Kauanga Whenuakite is rather low. Many years ago it was agreed upon that five shillings should be a minimum for lands in the Thames Goldfields. From the goldfields point of view, this block may be worth even a little more. If question crops up again it would be well to consult the Warden. 15

10 Katerina Nikorima, Auckland, to Prime Minister, 16 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.7–9.

11 Chief Land Purchase Officer to Prime Minister, 20 September 1901, on Katerina Nikorima, Auckland, to Prime Minister, 16 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.7–9.

12 WB Nicholson, Gumtown, to Native Minister, 17 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.10–11.

13 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 24 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.12.

14 Native Minister to WB Nicholson, Gumtown, 30 September 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.15.

15 Telegram Chief Land Purchase Officer to Chief Surveyor Auckland, 4 October 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.16.

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The Chief Surveyor apparently qualified his earlier telegram by reporting that

2/6d applied to blocks 4 and 5 only. Block 3 is the best of the seven subdivisions and well worth 5/- per acre. Have recommended my co-trustees to sell at 5/- and am awaiting their answer through Captain Mair. Warden's answer as to value of block owing to proximity to Kapowai goldfields not yet to hand.16

The Chief Surveyor supplied the Warden's reply three days later.

Warden thinks that Government should not pay more than 5/- for Kauanga Whenuakite No 3 block at present as the success of the Kapowai goldfields close by is not yet assured. I shall prepare plans and descriptions for Captain Mair if you will authorise the purchase at not exceeding 5/- per acre.17

But the Chief Surveyor had already, on his own initiative, telegraphed to Mair to

arrange with Rahera and Erana for sale to Government ... for a sum not exceeding 5/- per acre as speedily as possible.18

Mair was in Gisborne at the time and reported that

Immediately on receipt of this telegram I wrote asking Rahera and Erana if they were willing to sell and have just received replies that they are quite ready and anxious to sell, as if they do not do so they will probably lose the No 4 and 5 blocks which they reserved for themselves and their children and asked the Court to make inalienable. They explain that owing to very heavy expenses incurred in carrying on the investigation to the title of these blocks, also rehearing etc, they borrowed money from certain Europeans who have since obtained judgements and have taken the necessary steps to have Kauanga Whenuakite Nos 4 and 5 sold by order of the Sheriff of the Supreme Court in Auckland on December 7th at Cochrane's Mart. I am not aware if the necessary three months notice has been served upon the Commissioner of Crown Lands. In the event of No 3 being purchased, I do not know if the Court fixed the beneficiaries who are to share in any residue, but there are only about a dozen and they are mostly the children and grandchildren of Rahera and Erana.19

The Chief Land Purchase Officer told him that

You had better arrange for natives to meet you on your way back and sign deed at same time as Mr Mueller [Chief Surveyor]. I have forwarded deed to Registrar at Auckland to await your arrival.20

He was also told that

The purchase money should be handed over [to] the Chief Surveyor and the two natives on their signing the deed and voucher. The Chief Surveyor will then be responsible for its distribution in strict accordance with the Order of the Court.21

16 Telegram Chief Surveyor Auckland to Chief Land Purchase Officer, 25 October 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.17.

17 Telegram Chief Surveyor Auckland to Chief Land Purchase Officer, 28 October 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.18.

18 Telegram Chief Surveyor Auckland to Land Purchase Officer, Gisborne, 25 October 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.19–20.

19 Land Purchase Officer, Gisborne, to Chief Land Purchase Officer, 20 November 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.21.

20 Telegram Chief Land Purchase Officer to Land Purchase Officer, Gisborne, 22 November 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.22.

21 Chief Land Purchase Officer to Land Purchase Officer, Gisborne, 22 November 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.23.

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Mercury Bay District: Te Kauanga Whenuakite

The Chief Surveyor became ill, which delayed settlement until just before Christmas 1901.22 A total of £790 (i.e. 5/- an acre) was paid for the land.

It emerged that not all survey work on the subdivisions of Te Kauanga Whenuakite had been completed, so that the Chief Surveyor had retained some of the purchase money to pay for this work, rather than deposit all of the residue with the Public Trustee.23 Instructions were

issued for a survey of the subdivisions in January 1902, and the work was completed the following month.24 By this survey all subdivisions of Te Kauanga Whenuakite retained the

areas ordered for them by the Court except Te Kauanga Whenuakite 3, which was treated as a balance area. It was found to have an area of 3070 acres.

A title to Te Kauanga Whenuakite 3 was issued to the Crown in August 1902. 25

In August 1902 Dugald Bryce of Mercury Bay wrote to the Minister of Mines.

The reason I wired you to stop payment of moneys to Rahera Tanui and Erana Pawe was this. I have been to considerable trouble and expense with these natives and got an order in the R.M. Court on January 15th 1901. It reads as follows: Summons to be withdrawn upon defendant giving an order on Government Land Purchase Officer to pay in the event of his selling land to Crown. Both orders read the same.

I have been told that these natives received several hundred pounds sterling last December, but my money has not been paid. I would be very thankful to you if you could get this money paid me or give me advice what to do in the matter. The Judge is to give his decision on 27th instant as to who is to have the handling of the money. Mr Walker, my lawyer of Coromandel, wrote or wired Mr Mair re the decision of the Court. The amount is

Rahera £29–10–0

Erana £40–10–0

Hoping you will be able to help me in this matter.26

A Charles O'Brien also wrote on Bryce's behalf.

Mr Bryce asks me to write you re some money due him from natives. It appears that Bryce got judgement against the natives and the R.M. advised Bryce to withdraw on receiving an order from the natives or the Native Land Purchasing Agent. Bryce got the orders and I believe his solicitor forwarded them to Major Mair. Since then these natives have sold land to the Crown and received payment, and Bryce's claim has been overlooked. 27

Mair was asked for an explanation, and replied that

You will remember the two native women Erana Te Oneone and Rahera Tanui in December last sold the Whenuakite Kauanga block 3000 acres for £790, which sum I paid to Commissioner of Crown Lands Auckland, and he, after paying certain claims, survey liens, Court fees etc,

22 Telegram Land Purchase Officer, Auckland, to Chief Land Purchase Officer, 21 December 1901. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.24.

Hamilton Land Registry Transfer 29093. Supporting Papers #Q66.

23 RJ Gill, Auckland, to Chief Land Purchase Officer, 77 January 1902, on Registrar Native Land Court Auckland to Chief Land Purchase Officer, 10 January 1902. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.25–26.

24 Hamilton Maori Land plan 6646. Supporting Papers #N228.

25 Hamilton Land Registry Certificate of Title 110/171. Copy on Auckland Deed 3479.

Supporting Papers #A302.

26 Dugald Bryce, Mercury Bay, to Minister of Mines, 22 August 1902. Maori Affairs Head Office file MLP 7902/67. Supporting Papers #B149.27–28.

27 C O'Brien, Mercury Bay, to Native Minister, 22 August 1902. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.29–30.

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THE HAURAKI TRIBAL LANDS—PART 2

amounting to about £440, paid the balance £349 to Public Trust Office. A few weeks ago the Native Land Court sitting here ordered the Public Trustee to pay this balance over to the two above named persons,28 which I presume will be done after the time allowed for appeal has elapsed. The natives frequently told me they owed Mr Bryce money. In fact they appear to owe nearly a thousand pounds. I could not help him and have written him fully on the matter. The women were here for two weeks waiting for the Court. They were ill and hadn't a penny, so I advanced them £10 privately, which I am doubtful of ever seeing again. 29

As a result the Minister replied to Bryce that

There is an amount in the hands of the Public Trustee who will, no doubt, as far as possible, meet any lawful order made upon it. Such order should be sent to the Public Trustee at once as the money will, in the course of a few days, be payable to the natives on demand.30

However, subsequent information showed that the Public Trustee had paid over the money to an Auckland solicitor acting for Rahera and Erana, some three days before the Minister's reply was written.31 This was despite the 3 month period for appeals against the Court's order not having expired. 32

Whether or not Bryce got his money is not known.

28 Hauraki Minute Book 53 pages 36–39.

29 Land Purchase Officer Thames to Chief Land Purchase Officer, 6 September 1902. Maori Affairs

Head Office file MLP 1902/67. Supporting Papers #B149.29.

30 Minister of Mines to D Bryce, Mercury Bay, 11 September 1902. Maori Affairs Head Office file MLP 2902/67. Supporting Papers #B149.31.

31 Public Trustee to Chief Land Purchase Officer, 12, September 1902. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.32.

32 Chief Land Purchase Officer to Public Trustee, 15 September 1902, on Telegram Registrar Native Land Court Auckland to Chief Land Purchase Officer, 15 September 1902. Maori Affairs Head Office file MLP 1902/67. Supporting Papers #B149.33–34.

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MAKOMAKO

AREA 315 acres

PLAN Hamilton Maori Land plan 6021

OWNERS Ereatara Tinirau, Rahera Tanui and Erana Te Onerere

CERTIFICATE OF TITLE

(Hamilton Land Registry) 82/196 (95/118)

In April 1890 Peneamine Tanui offered Makomako and Pungarehuroa to the Crown.

Those blocks are at Gumtown [Coroglen] and abut upon the land sold to Europeans there. £2 per acre was the price of the block sold to Mr Charles Carina by Reupena and Repiu and others. The lands that are in the township were sold for £10 er acre. The blocks that are offered for sale to you are two subdivisions of the land (in that locality), viz., Te Makomako containing 315 acres, and Pungarehuroa containing 355 acres. They adjoin each other and conjointly contain 670 acres. ... I am [the owners'] spokesman (agent). The price asked per acre is 1/.1

Wilkinson, to whom the letter was addressed, passed it on to Wellington, adding that

It is so long now since I was at Mercury Bay that I forget the exact position of the two blocks offered, also the quality of the land. It will be seen however from the map that I send herewith that one - if not both of them - joins Crown Land. They have also the advantage of having only a very few owners, so that the purchase could soon be completed if decided upon. Possibly the Survey Department have some information as to the quality and value of the land.2

The Surveyor General was asked if the purchase would be desirable. He replied that

The two blocks passed the Court are too small to be of any use for settlement purposes, unless the soil were particularly good, which it is not in this instance or both blocks would have been purchased long ago by the settlers at Gumtown living within a mile of the place. The larger block I know personally, and with the exception of a few strips along the rivers, is not worth buying at any price.3

Based on this advice the Native Minister decided that the Government did not wish to purchase the blocks.4

In February 1895 the owners of Makomako tried again to sell the two blocks to the Crown.

This is good land fit for farming purposes, partly covered with fern, tupakihi and koromiko. There is also some bush on one portion. There are also about 4o kauri trees growing there. ... The land is close to Gumtown, Whitianga. We consider it is worth 10/- an acre.5

1 Peneamine Tanui, Whitianga, to Land Purchase Officer Otorohanga, 22 April 1890, attached to Land Purchase Officer Otorohanga to Under Secretary Native Department, 8 May 1890 Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.1–7.

2 Land Purchase Officer Otorohanga to Under Secretary Native Department, 8 May 1890. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.1–7.

3 Surveyor General to Under Secretary Native Department, 27 May 1890, on cover sheet to file NLP 2890/152. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.8.

4 Under Secretary Native Department to Native Minister, 29 May 1890, approved by Native Minister, 29 May 1890, on cover sheet to file NLP 1890/152. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.8.

5 Rahera Tanui, Erana Te Onerere and Taumaha Kara, Whitianga, to Land Purchase Officer Thames, 15 February 1895. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.9–10.

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MAROKOKA

CREATED 12 March 1886

AREA 2600 acres

PLAN Hamilton Maori Land plan 5701

Investigation of Title

Following survey,1 Marokoka was awarded to Repiu Tokata solely.2

Purchase by the Crown

In November 1886 Repiu Tokata offered to sell the block, which he described as having an area of 1349 acres, to the Crown.3 The Assistant Surveyor General commented that

The part [of the block] I personally know, i.e. that facing Waiwawa, is fair land suitable for pastoral purposes. There is a considerable population at "Upper Mill" and at "Gumtown". I am not aware as to how Repiu makes out the area of 1349 acres. No Order of Court in division received by me. Survey Department holds survey lien of £88-18-11 over the block.4

However no further action seems to have been taken.

Nine years later, in January 1896, Mair, the land purchase officer in Thames, reported that

Repiu Tokata came from Mercury Bay today to offer to sell the Marokoka block of 2600 acres. It is situated on the left proper bank of the Waiwawa River and is generally poor fern land, but there are a few good bits along the river here and there. Repiu states that he is the sole grantee, that he has received an intimation that he must pay £8o survey lien to the Government, hence his desire to sell, but he wishes to retain 6o acres where his house and graves are situated. He asks 5/- an acre, but I should think that 3/- an acre would be more like it. He will wait at the Thames for an answer, which he would be glad to receive as soon as convenient.5

The Surveyor General, who had provided the report on the block nearly ten years earlier, recommended "Price say 2/6; don't let them retain all the frontage to Waiwawa."6

l Hamilton Maori Land plan 5701. Supporting Papers #N180.

2 Order of the Court, 12 March 1886, attached to cover sheet for file NLP 1887/14. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.3-5.

3 Repiu Tokata, Waiwawa to Native Agent Otorohanga, 24 November 1886. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.1-2.

4 Assistant Surveyor General to Under Secretary Native Land Purchase Department, 26 January 1887, on cover sheet to file NLP 1887/14. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #13108.3-5.

5 Land Purchase Officer Thames to Chief Land Purchase Officer, 17 January 1896. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.6.

6 Surveyor General to Chief Land Purchase Officer, 3 February 1896, on cover sheet to file NLP 1896/23. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.7-8.

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Mercury Bay District: Marokoka

This offer was communicated to Repiu Tokata, and Mair reported back that

Repiu Tokata will accept 2/6 an acre. The cost of survey £88–18–11 to be deducted, also a further sum, say £ 10–10–0, for cost of surveying off the small reserves for cemeteries etc. I will arrange these so as not to let him have all the frontage. Will it not be best for Repiu to convey the whole block and then reconvey to him the title [to] pieces he wishes to retain? The old man is waiting here, he is very ill and I have advanced him £5 of my own to enable him to obtain medical assistance and food, till I can get a reply from you. Will you please wire authority for me to purchase if approved.7

He was told that

The deed should exclude the reserves and they should be clearly shown on the plan. You have I presume ascertained that the title is clear of encumbrances of any kind. If so purchase can proceed after 1st [April 1896] .8

Marokoka was purchased by the Crown in April 1896 for £317–10–0d.9 Later that month Mair was able to report that

Purchase of Marokoka completed and Deeds in duplicate forwarded to Wellington. £88–18–11 was deducted for survey costs. 3 small reserves, viz Te Hinahina 3o acres, Mangarahi 10 acres, and Te Rewarewa 20 acres, have been excluded from the purchase and marked off approximately on the Deed.10

The purchase price represents 2/6d an acre for 2540 acres (i.e. the block excluding 6o acres for reserves).

Marokoka block, excluding the three reserves, was declared Crown Land in July 1896.11

The reserves had to be surveyed. In August 1896, Mair reported that

On two of [the three reserves] are a number of graves, and it was entirely on this account that they were excepted from sale. The natives now have come over from Mercury Bay to inform me that the surveys have been made without their knowledge and the graves are not included in the 10 and 20 acre [reserves].

I presume a Government surveyor has carried out the work without asking Repiu or his brothers, who live near by, to point out the graveyards, and this will necessitate the work being done over again.

I have promised the natives to refer the matter at once in order to have the mistake put right.12 The surveyor, Spencer, was asked for an explanation, and replied that

I was not aware at the time I made the survey of the reserves that there were graves on them. It was not until after I had completed the work that I saw the natives and was informed by them that it was on account of the graves that the reserves were made.13

7 Land Purchase Officer Thames to Chief Land Purchase Officer, 18 March 1896, on cover sheet to file NLP 1896/23. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.7–8.

8 Chief Land Purchase Officer to Land Purchase Officer Thames, 24 March 1896, on cover sheet to file NLP 1896/23. Maori Affairs Head Office file 1896/109. Supporting Papers #B108.7–8.

9 Auckland Deed 1939. Supporting Papers #A251.

10 Land Purchase Officer Thames to Chief Land Purchase Officer, 16 April 1896, on cover sheet to file NLP 1896/23. Maori Affairs Head Office file MLP 7896/109. Supporting Papers #B108.7–8.

11 New Zealand Gazette 1896 pages 7075–7076. Supporting Papers #W29.1–2.

12 Land Purchase Officer Thames to Chief Land Purchase Officer, to August 1896. Maori Affairs Head Office file MLP 7896/709. Supporting Papers #B108.9.

13 WC Spencer to Chief Surveyor Auckland, undated, on Land Purchase Officer Thames to Chief Land Purchase Officer, 10 August 1896. Maori Affairs Head Office file MLP 1896/109.

Supporting Papers #B108.9.

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THE HAURAKI TRIBAL LANDS—PART 2

The Chief Surveyor then advised that

The small areas were cut out by linkages as shown on Conveyance to Crown. As the land is Crown Land and not likely to be selected, there is little chance of graves being interfered with.14

In October 1896 Raima Te Hemoata, Waata Tiaia and Hapimana Hikihiki wrote to Main

The portion of the Marokoka block set apart as a reserve at Te Rewarewa is all wrong. Only 3 acres has been surveyed and Repiu Tokata's houses have been excluded, and the whole of the graves also.

We therefore ask you to have the survey corrected so as to take in Repiu Tokata's houses and all the graves.

The second reserve at Hinahina in the Marokoka block, namely 20 acres, should be adhered to. But Mangarahi survey is quite correct, namely to acres.

Now this is a prayer from us the successors to Repiu Tokata to have these errors in the survey rectified. If the surveyor goes there again, let him apply to Hapimana Hikihiki and Waata Tiaia to point out the graves etc, so that the correct acreage may be laid off.15

The Chief Surveyor agreed that

Mr Spencer will cut out the true burial reserves shortly. 16

Spencer completed his survey of the three reserves in May 1897.17 Because they were excluded from the purchase they remained in the ownership of Repiu Tokata.

Hinahina Reserve

This reserve of 30 acres was purchased in October 1898. The purchaser may have been

M O'Connor.

Mangarahi Reserve

There is a note on the survey plan that this reserve of 10 acres was "removed on C/T 85/18". It was purchased in January 1977.

Rewarewa Reserve

This reserve of 20 acres is not to be confused with the adjoining Te Rewarewa Block. Part is noted on the survey plan as "removed on C/T 85/18".

An intention to take 2 acres o roods 6.9 perches of Rewarewa Reserve for road was notified in 1939.18 The land was taken under the Public Works Act the following year.19 The road makes a dog-leg around a burial ground marked on the survey plan.

Rewarewa was purchased in January 1966.

14 Chief Surveyor Auckland to Chief Land Purchase Officer, 26 August 1896, on Land Purchase Officer Thames to Chief Land Purchase Officer, 10 August 1896. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.9.

15 Raima Te Hemoata, Waata Tiaia and Hapimana Hikihiki, Thames, to Land Purchase Officer Thames, 20 October 1896. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.10–12.

16 Chief Surveyor Auckland to Chief Land Purchase Officer, 12 December 1896, on Raima Te Hemoata, Waata Tiaia and Hapimana Hikihiki, Thames, to Land Purchase Officer Thames, 20 October 1896. Maori Affairs Head Office file MLP 1896/109. Supporting Papers #B108.10–12.

17 Hamilton Maori Land plans 5701A&B and 5701C. Supporting Papers #N181 and N182.

18 New Zealand Gazette 1939 page 2514. Supporting Papers #W70.1.

19 New Zealand Gazette 1940 page 974. Supporting Papers #W71.1.

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MOEWAI

AREA 882 acres

PLAN Hamilton Maori Land plan 1484

OWNERS Enoka Puia and 8 others

CERTIFICATE OF TITLE (Hamilton Land Registry) 76/2221

PURCHASED BY Archibald Smith and William Meikle

DATE 24 April 1873

PURCHASE PRICE £250

TRANSFER REFERENCE Deeds Register Book 2D page 263 (Auckland Land Registry) Deeds Book D7 pages 412-416

The Resident Magistrate at Coromandel made inquiries on behalf of the Trust Commissioner, and reported in July 1873 that

I have delayed communicating with you ... in the expectation that some of the parties interested in the matter would wait on me with respect to it.

I casually met Mr WJ Young, the licensed interpreter, a few days since, and informed him of the circumstances. Riria Karepe was brought to me by him and I have examined her as to the bona fides of the conveyance. I attach the result of my questions, which is satisfactory, and I also learned from her the following facts respecting the position of the Grantees of the property.

Enoka Puia, Ruihana Kawhero and Riria Karepe are the principal owners, Rewi Ngamaka Taupoki, Ripeka Titiparu, Wikitoria Nohohau, Matawini Haururu, all of whom have executed the deed, are owners but of lesser interest, and Wiremu Taripono, who has not signed, holds a smaller interest than any who have signed.

The last named native lives at Shortland, and I now beg to return the Deed for the purpose, if you please, of it being forwarded there for his signature and examination.'

Ruihana Kawhero and Wikitoria Nohohau confirmed that they had sold their interests and received the money due to them, in January and February 1873 respectively.3

1 This title was issued on the basis of Hamilton Land Registry Application 3200.

2 Resident Magistrate Coromandel to Trust Commissioner Auckland, 8 July 1873. Papers for Application 1873/84. Trust Commissioner Auckland's 1873 Papers. Suppoting Papers #M1.19-27 at 23-25.

3 Statement by Assistant Native Agent Thames, 24 January 1873, and Statement by Resident Magistrate Coromandel, 5 February 1873. Papers for Application 1873/84. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #M1.19-27 at 26 and 27.

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OTEAO 1

CREATED 26 May 1876

AREA II0 acres

PLAN Hamilton Maori Land plan 2715

Investigation of Title

There were four applications made for the investigation of title to Oteao 1. The first was by Arama Whakatau in September 1873.1 Then in December 1873 Rahera Te Aoreiata of Ngati Hei lodged an application.2 When, in November 1875, the block had been surveyed, Rahera Te Aoreiata and Erana Te Oneone of Ngati Hei repeated Rahera's application.3 The third application was made in October 1874 by Mita Whakatau.4 The fourth application was made in January 1876 by Rawiri Taiporutu, Rehara Arama and Rahera Reupene of Ngatiparekaiata hapu of Ngati Hei.5

There was a hearing by the Court in May 1876. The block was awarded to Mita Whakatau (as to two shares), and Matahira Whakatau, Rehara Whakatau, Rahera Tanui and Erana Te Oneone (as to one share each), all of Ngati Hoko hapu of Ngati Hei.6

Purchase and Leasing of Interests in Oteao

Two of the five owners, Rahera Tanui and Erana Te Oneone, sold their interests to Alfred Edward Johnston, an Auckland accountant, in December 1897 for £5 each.7 Johnston later transferred his one-third interest in the block to the Kauri Timber Company Ltd.

The owners who held the other two-thirds of the shares in the block leased their interests to Leyland O'Brien Timber Company Ltd for 10 years from March 1906.8

Land Taken for Road

2 roods 7.8 perches of Oteao I was taken for road in January 1924.9 Compensation was considered by the Native Land Court in October 1924, when a nil award was made.10

1 Application for Investigation of Title, 9 September 1873. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.1.

2 Application for Investigation of Title, 10 December 1873. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.2.

3 Application for Investigation of Title, 15 November 1875. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.4.

4 Application for Investigation of Title, 15 October 1874. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.3.

5 Application for Investigation of Title, 17 January 1876. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #14.5.

6 Order of the Court, 26 May 1876. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.6-7.

7 Hamilton Land Registry Transfer 22826. Supporting Papers #Q6o.

8 Hamilton Land Registry Lease 3052. Supporting Papers #Q170.

9 New Zealand Gazette 1924 page 244. Supporting Papers #w56.1.

10 Order of the Court, 22 October 1924. Maori Land Court Hamilton Block Orders file C134. Supporting Papers #K4.8.

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OTEAO 3

CREATED I August 1878

Hauraki Minute Book 10 pages 320-321

AREA 1340 acres

PLAN Hamilton Maori Land
plan 3688-9

Investigation of Title

Oteao 3 was surveyed by Edward Dean in August 1877.1

Application for investigation of title to Oteao 3 was made by Arama Whakatau of Ngati Hei in April 1878.2

Even before title had been investigated by the Court, an application was made, in April 1878, by the Native Minister to have the Court determine what interest in Oteao 3 had been acquired by the Crown.3

The Crown in May 1878 notified that monies had been paid for interests in an Oteao 3 block, supposed to contain 2500 acres in two portions, and that purchase of the block was being negotiated by the Government.4

The Court sat to consider the applications in July 1878. Arama Karaka Whakatau stated that I live at Ohinemuri and belong to N' Hei. The owners of this land are myself, Rehara Whakatau, Matahera Whakatau, Rahera Tanui, Erana Te Oneone and Rawiri Taiporutu.5

At this point JW Preece, representing the Crown, said that the Government had advanced £101 on the block. This was challenged by Arama Karaka Whakatau, who gave evidence that

Mr Mackay did not give me on the 27th April 1875 £96 on account of this land. He gave me at

the Court at Coromandel 2nd June 1876 £5.

My name was Mita before my father's death. At his death I took the name of Arama. I was christened Mita. Mr Mackay has not paid debts for me to the amount of £96. ... I know of the money paid me by Mr Mackay. I have had £5 paid to me here at Shortland, and £5

at Coromandel, also my sister Matahera £5. £15 is all the money I acknowledge to have received from him, I never signed an English document respecting the survey. I never signed any document like the one (voucher) now before the Court.

I have signed a receipt on an ordinary piece of paper for £5.6

1 Hamilton Maori Land plan 3688-9. Supporting Papers #N149.

2 Application for Investigation of Title, 2 April 1878. Maori Land Court Block Orders file C164. Supporting Papers #K8.i.

3 Native Minister to Chief Judge Native Land Court, 8 April 1878. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.2-4.

4 New Zealand Gazette 1878 pages 600-608, at page 607. Supporting Papers #W11.1-9.

5 Hauraki Minute Book 10 page 320. Supporting Papers #J16.48.

6 Hauraki Minute Book 10 pages 320-321. Supporting Papers #J16.48-49.

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OTEAO 4

CREATED I August 1878

AREA 184 acres

PLAN Hamilton Maori Land plan 3688-9

Investigation of Title

Oteao 4 was surveyed by Edward Dean in August 1877.1

In August 1878 Oteao 4 was awarded to the same owners as were awarded Oteao 3, Mita Whakatau, Rehara Whakatau, Matahera Whakatau, Rahera Tanui, Erana Te Oneone and Rawiri Taiporutu.2

In October 1896 Mita Whakatau and others sold the timber on Oteao 4 to Peneamine Tanui and leased the harvesting rights for 21 years for £50.3 Application was made to have the sale confirmed.4

Judge Mair inquired into the circumstances and made an order confirming the deed on zz May 1897,5 but subsequently it was discovered that Rahera Tanui's signature was not witnessed.6

The order of confirmation of the other signatures on the deed was made in February 1899.

Some doubt later arose as to whether a declaration required to be made under Section 5 Native Land Laws Amendment Act 1895 was made.?

Purchase of Interests in Oteao 4 by the Crown

Interests in Oteao 4 were purchased by Gilbert Mair for the Crown between July 1898 and July 1899.8 The price paid was on the basis that the whole block would be purchased for £36 (i.e. nearly 4/- an acre).

1 Hamilton Maori Land plan 3688-9. Supporting Papers #N149.

2 Order of the Court, 1 August 1878. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.6.

3 Timber Lease, io October 1896. Copy (incomplete) on Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.1-5.

4 Application for Confirmation of Alienation, 29 October 1896. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.10.

5 Hauraki Minute Book 45 page 18.

6 ET Dufaur, Solicitor, Auckland, to Registrar Native Land Court Auckland, 9 February 1899. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.11-12.

7 Registrar Native Land Court Auckland to Chief Land Purchase Officer, 8 December 1899, attached to Timber Lease (incomplete), 10 October 1896, and Dufaur and MacCormick, Solicitors, Auckland, to Registrar Native Land Court Auckland, 9 December 1899. Maori Affairs Head office file MLP 1899/190. Supporting Papers #B134.1-5 and 6-9.

8 Auckland Deed 3242. Supporting Papers #A297.

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Mercury Bay District: Oteao 4

In July 1898 the Minister of Lands applied to the Court to have the interests owned by the Crown in Oteao 4 defined.9

The application was heard in September 1899, when 175 acres was awarded to the Crown as Oteao 4A, and 9 acres was awarded as Oteao 4B to the two non-sellers, Merehana Eparaima and Ani Eparaima.10 They were two of the successors to Matahera Whakatau. Mair advised the Chief Land Purchase Officer after the hearing of its outcome.

The Crown claim was dealt with by the Native Land Court here on 30th September. Mr MacCormack appeared on behalf of the Kauri Timber Company, who claim to have purchased the timber, estimated at half a million feet, from the owners. He therefore asked that the award to the Crown be made subject to the Kauri Timber Company's rights, which he stated were acquired about 1894 but only registered after the Crown had commenced its purchase. After some argument, the court decided that the company must protect itself by an action in the Supreme Court should it desire so to do, and granted the award to the Crown of the area applied for, viz 175 acres to be called 4A. Nine acres being cut off for the two non-sellers.11

This brought a query from the Chief Land Purchase Officer as to when the purchase had been authorised - apparently he was unable to locate the departmental file.12 Mair replied that

I ... have been making a thorough search through my papers, which have got mixed up in consequence of moving from house to house several times. I can find no papers whatever on Oteao No 4. I can only remember sending you an offer from Rahera, Peneamine and others to sell the land, and after some time I received a memo from you telling me to buy at £6 per share.

I cannot even find this minute now, but will make one more search.13

Mair was asked to

ascertain from Peneamine Tanui whether he has disposed of any interest which he may have acquired under this [timber lease] deed.. Get particulars as fully as possible.14

He replied that

Peneamine Tanui died in March or April [1899]. I wrote direct to Rahera Tanui, his wife, to see if she could give any information, but have received no reply. I have heard incidentally that the K.T. Company advanced Peneamine about Loo on account of the timber on Oteao No 4, that he left a will in favour of his numerous children.15

Oteao 4A was declared Crown Land in July 1900.16

9 Minister of Lands to Chief Judge Native Land Court, 26 July 1898. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.13.

10 Orders of the Court, 30 September 1899. Maori Land Court Hamilton Block Orders file C164. Supporting Papers #K8.14–17.

11 Land Purchase Officer Thames to Chief Land Purchase Officer, 7 October 1899. Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.10.

12 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 20 October 1899. Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.11.

13 Land Purchase Officer Thames to Chief Land Purchase Officer, date not known. Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.11.

14 Chief Land Purchase Officer to Land Purchase Officer Thames, 30 December 1899. Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.12.

15 Land Purchase Officer Thames to Chief Land Purchase Officer, 1 March 1900. Maori Affairs Head Office file MLP 1899/190. Supporting Papers #B134.12.

16 New Zealand Gazette1900 page 1341. Supporting Papers #W33.3.

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OUNORA 2

CREATED 5 October 1870

Hauraki Minute Book 6 pages 237-241, and Coromandel Minute Book 2 pages 44-4161

AREA 5093 acres

PLAN Hamilton Maori Land plan 1959

SOLD TO CROWN 21 February 1878

Investigation of Title

In May 1870 Reupena Tahura, Henare Whakarongohau and others of Ngati Hei, through their agents Preece and Graham, applied to have the title to Ounuora 2 investigated.2

In July 1870 RC Jordan completed the survey of the block, and

certified that the lines marked on this plan are properly cut and pegged,and that the work was executed under my supervision.3

George Wiltshire, working under Jordan's supervision, had done most of the survey work. When the plan was checked in September 1870, it was identified that it included Ounuora Block which had already been granted.

At the hearing,4 Reupena Tahura claimed from the ancestor Taura, whose son was Korokaimaroro. He said that Korokaimaroro's descendants have had possession of this land ever since his day, and have continually exercised rights of ownership over it, catching birds, rats, getting berries, and doing all other things of Maori work. No one ever disputed our title or tried to eject us.... We have no cultivations on this block.'

George Wiltshire, one of the surveyors of the block, told the Court that

I also made the plan. The whole of the lines are cut except the south boundary and that it was not possible to cut. The survey has been made in accordance with the Rules of the N.L. Court. I was not gazetted as a Licensed Surveyor at the time I made the survey. Mr Jordan was with me, he surveyed a part of the block and tested my survey. We plotted the work together. The boundaries were pointed out to me by Reupena. I was aware that there had been a survey of a part of the block but was not aware that the land had been granted. Reupena did not tell me that

1 The Coromandel Minute Book appears to be a copy of the Hauraki Minute Book.

2 Application for Investigation of Title, 23 May 1870. Maori Land Court Hamilton Block Orders file C189. Supporting Papers #K10.1.

3 Hamilton Maori Land plan 1959. Supporting Papers #N28.

4 Hauraki Minute Book 6 pages 237-241, and Coromandel Minute Book 2 pages 414-416. Supporting Papers #J12.17-21 and J2.156-158.

5 Hauraki Minute Book 6 pages 238-239, and Coromandel Minute Book 2, pages 414-415. Supporting Papers

#J12.18-19 and J2.156-157.

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THE HAURAKI TRIBAL LANDS—PART 2

any piece was to be excluded. No portion of Mr Davis' survey encroaches on the Kaimarama Block adjoining the (NW). I have no lien for survey.6

Reupena's conductor told that Court that to avoid any delay in granting the block, he would guarantee that the Ounuora Block would be shown on the survey plan.

The Court in October 1870 ordered a certificate of title to be issued for Ounuora 2 to Reupena Tahura, Henare Whakarongohau, Haimona Ngaroma, Te Wharepa and Repiu Tokata.7 Pursuant to Section 17 Native Lands Act 1867, the names of 16 persons (including the five Grantees) were registered as having an interest in the block.8 The block was made inalienable.

Following the Court hearing, the survey plan was "returned to Mr Wiltshire, Surveyor, to exclude land granted to Mr Dacre, also Whanauroroa of 170 acres, and recompute area."9 The alterations were approved by the judge in December 1870.10

Ounuora 2 does not include the Whanauroroa Block of 170 acres, which is located within the boundaries of Ounuora 2. At the 1870 Court hearing it was stated that

Te Moananui's piece had been excluded and a separate map made of it. It was the claim called W hanauroroa .11

Timber Lease

In May 1872 the owners sold the timber and leased the timber harvesting rights for 21 years to the Mercury Bay Sawmill Co Ltd. They were paid £250 for the timber, and were entitled to an annual rental of 5/- "if and when demanded."12 The Trust Commissioner certified the lease in January 1873.

Purchase by the Crown

L20 was paid by James Mackay to Repiu Tokata in April 1875, as an advance on the purchase of Ounuora 2 for "about 1/6" an acre. 13

In January 1878 the hearing of an application by Paraku Haimona for partition of Ounuora 214 was adjourned, because the Crown opposed the application as it had paid deposits on the land.15

6 Hauraki Minute Book 6 pages 239–240, and Coromandel Minute Book 2 page 415. Supporting Papers #J12.19–20 and J2.157.

7 Hauraki Minute Book 6 pages 237–241, and Coromandel Minute Book 2 pages 414–416. Supporting Papers #J12.17–21 and J2.156–158.

Order of Court, 5 October 1870. Maori Land Court Hamilton Block Orders file C189. Supporting Papers

#K10.2.

8 Order of Court, 5 October 1870. Maori Land Court Hamilton Block Orders file C189. Supporting Papers #KI0.3–4.

9 Hamilton Maori Land plan 1959. Supporting Papers #N28.

10 Hamilton Maori Land plan 1959. Supporting Papers #N28.

11 Hauraki Minute Book 6 page 240. Supporting Papers #J12.20.

12 Timber Lease, 1 May 1872. Copy with Auckland Deed 1079. Supporting Papers #A1o5.

13 Payment Voucher, 27 April 1875. Maori Affairs Head Office file MLP 1881/n4. Supporting Papers #B34.1.

14 Application for Partition, 18 April 1877. Maori Land Court Hamilton Block Orders file C189.

Supporting Papers #K10.5.

15 Coromandel Minute Book 3 page 75. Supporting Papers #J3.10.

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Mercury Bay District: Ounuora 2

In February 1878 the owners sold the block to the Crown for ism. The sale provided for a Crown Grant to be issued in favour of the sellers for a small reserve of 25 acres.16 This reserve was at the mouth of Owhero Creek and Ounuora River on the Whitianga Harbour.

The Crown in May 1878 notified that monies had been paid for interests in the Ounuora 2 Block, and that purchase of the block was being negotiated by the Government.17 In July 1878 JW Preece, the Crown's land purchase officer, telegraphed that

Ounuora and Waiwawa, two blocks purchased, commenced by Mr Mackay, and I find held under lease of timber rights by private parties. Government have only one hundred and twenty pounds paid, besides one hundred and thirty for which he has not obtained vouchers. Natives admit payment of same. The purchase money will amount to over nine hundred pounds at two shillings an acre. Were it only a matter of the £120 paid by Government, I should consider it better to abandon this purchase rather than pay, but it is a matter of good faith. They are a respectable lot of natives and wish to meet their engagements. Besides the amount due to Mackay, they incurred considerable debts to storekeepers on the faith that the land was to be purchased by Government, and are anxious to meet these liabilities. I myself consider the purchase a valueless one, the land being encumbered by the timber leases, but under the circumstances I think the agreement made by Mr Mackay should be carried out. Please let me have your reply today, as all the natives but three are here and want to get away.18

Sheehan, the Native Minister, decided that "we must abide by our bargain."19

Further payments were made to the owners in August and September 1878. Repiu Tokata and

Paraku Haimona were paid £63–15–0d, while Hapimana Hikihiki, Rahera Te Aoreiata, Erana Te Onerere, Ereatara Tinirau, Wiremu to Huia, Reupena Tahura, Raima Te Mapihi, Henare

Whakarongohau, and Waata Tiaia were paid half that amount, £31–17–6d. Noa Weri, Enoka Puia and Rewi Ngamuka received £31–17–6d each in February 1879.20

The purchase of the block by the Crown was notified in April 1879.21

After the deed had been completed, it was forwarded to the Trust Commissioner for certification. The Trust Commissioner identified that Court fees of £3 were unpaid, and that the title to the block was subject to restrictions preventing sale or lease for a period of 21 years or less.22 In reply, it was explained that

I find on looking up the Certificate of Title for this land that it passed the Court under the 17th Section of the N.L. Act 1867. This prevented any partial sale of the land until a subdivision took place, but it in no way interferes with a sale by all the grantees. The restriction on the order reads "that the whole Block be made inalienable by sale, gift or mortgage, or by lease for a longer period than 21 years until subdivided."

16 Auckland Deed 1079. Supporting Papers #A105.

17 New Zealand Gazette1878 pages 600–608, at page 607. Supporting Papers #W1.1–9.

18 Telegram Land Purchase Officer Thames to Under Secretary Native Department, 2 July 1878. Maori Affairs Head Office file MLP 1882/114. Supporting Papers #B34.2–4

19 Native Minister to Under Secretary Native Department, 27 July 1878, on Telegram Land Purchase Officer Thames to Under Secretary Native Department, 2 July 1878. Maori Affairs Head Office file MLP 1881/14. Supporting Papers #B34.2–4.

20 Payment Vouchers, various dates. Maori Affairs Head Office file MP 1881/114.

Supporting Papers #B34.9–23.

21 New Zealand Gazette1879 pages 463–464. Supporting Papers #W12.8–9.

22 Trust Commissioner Auckland to Civil Commissioner Auckland, 18 April 1879. Maori Affairs Head Office file MLP 1881/114. Supporting Papers #B34.26.

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THE HAURAKI TRIBAL LANDS—PART 2

If there is still a doubt as to whether the Commissioner considers this restriction prevents the land passing to the Crown, will you be good enough to see Mr Judge Monro who made the order and request him to explain the restriction put on the land. I understand that all the grantees interested in the Block have signed the deed conveying their interests to Her Majesty.23

This appears to have satisfactorily explained the matter, as the Trust Commissioner then certified the deed in October 1879.

Status of the 25 Acre Reserve

This reserve became known as Ounuora 2A. It was at a place known as Mokirahi.

In 1881 the Registrar of the Native Land Court advised that Rapana Te Uia had not been succeeded to. This was even though the signature of Paraku Haimona had been obtained to the sale of Ounuora 2, on the understanding that Paraku was Rapana's successor. So Wilkinson signed an application on Paraku's behalf to have successors to Rapana determined by the Court,24 so that the Crown Grant for Ounuora 2A could be issued in Paraku's name (among others). Paraku Haimona was determined to be the successor to Rapana Te Uia in April 1883.

A Crown Grant was issued under Section 5 Volunteers and Other Lands Act 1877 to Reupena Tahura and 15 others.

The reserve remained in Maori ownership until the 1960's, when the Maori Trustee acting for the owners sold the block to Pareraukawa Judith Balsom.25 She was determined in 1968 to be a European,26 so the sale was deemed to be an alienation, and the land then became General Land.

Whanauroroa

In April 1896 the Commissioner of Crown Lands advised that

A large quantity of kauri timber has been removed from [Whanauroroa] and I am given to understand that it either is Crown Land altogether or the Crown has a large interest in it. I have been writing to Captain Mair about it, and he referred me to Mr Wilkinson, and on applying to that gentleman he says that he cannot remember exactly whether he purchased these 170 acres from the Natives or not, and advised me to communicate with you.27

However,

Whanauroroa is not Crown Land, nor has the Government any interest in it. The natives would not sell at your valuation.28

23 Under Secretary Native Land Purchase Department to Civil Commissioner Auckland, 26 September 1879, on cover sheet to file NLP 1879/41. Maori Affairs Head Office file MLP 1881/114. Supporting Papers #B34.27.

24 Land Purchase Officer Thames to Accountant Native Land Purchase Department, 5 July 1881, on cover sheet to file NLP 1881/114. Maori Affairs Head Office file MLP 1881/114. Supporting Papers #B34.29.

GT Wilkinson, Thames, to Registrar Native Land Court, 5 July 1881. Maori Land Court Hamilton Block Orders file C189. Supporting Papers #K10.6.

25 Hauraki Minute Book 80 pages 133–134. Supporting Papers #178.3–4.

26 Hauraki Minute Book 80 pages 85–86. Supporting Papers #J78.1–2.

27 Commissioner of Crown Lands Auckland to Chief Land Purchase Officer, 29 April 1896. Maori Affairs Head Office file MLP 1894/386. Supporting Papers #1390.1–2.

28 Chief Land Purchase Officer to Commissioner of Crown Lands Auckland, 6 May 1896, on Commissioner of Crown Lands Auckland to Chief Land Purchase Officer, 29 April 1896. Maori Affairs Head Office file MLP 1894/386. Supporting Papers #B90.1–2.

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PUNGAREHUROA

AREA 355 acres

PLAN Hamilton Maori Land plan
6022

OWNERS Ereatara Tinirau, Rahera Tanui, Erana Te Onerere and Rehara Kara

CERTIFICATE OF TITLE (Hamilton Land Registry) 631/260

In April 1890 Peneamine Tanui offered Pungarehuroa and Makomako to the Crown.

Those blocks are at Gumtown [Coroglen] and abut upon the land sold to Europeans there. £2 per acre was the price of the block sold to Mr Charles Carina by Reupena and Repiu and others. The lands that are in the township were sold for £10 per acre. The blocks that are offered for sale to you are two subdivisions of the land (in that locality), viz., Te Makomako containing 315 acres, and Pungarehuroa containing 355 acres. They adjoin each other and conjointly contain 670 acres. ... I am [the owners'] spokesman (agent). The price asked per acre is ro/-.1

Wilkinson, to whom the letter was addressed, passed it on to Wellington, adding that

The Surveyor General was asked if the purchase would be desirable. He replied that

Based on this advice the Native Minister decided that the Government did not wish to purchase the blocks.4

In February 1895 the owners of Makomako tried again to sell the two blocks to the Crown. This is good land fit for farming purposes, partly covered with fern, tupakihi and koromiko. There is also some bush on one portion. There are also about 4o kauri trees growing there. On

1 Peneamine Tanui, Whitianga, to Land Purchase Officer Otorohanga, 22 April 1890, attached to Land Purchase Officer Otorohanga to Under Secretary Native Department, 8 May 189o. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.1-7.

2 Land Purchase Officer Otorohanga to Under Secretary Native Department, 8 May 189o. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #B98.1-7.

3 Surveyor General to Under Secretary Native Department, 27 May 189o, on cover sheet to file NLP 1890/152. Maori Affairs Head Office file MLP 1895/115. Supporting Papers #898.8.

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RANGIHAU

CREATED 19 December 1871

Coromandel Minute Book 2 pages 270-271

AREA 9000 acres

On survey became 9162 acres PLAN Hamilton Maori Land plan 2286

Investigation of Title

Application for investigation of the title to Rangihau was made by James Mackay as agent for Repiu Tokata of Ngati Hei in August 1871.1

The application was heard in December 1871.2 Repiu Tokata told the Court that Mr Dean surveyed it. I procured the survey. I claim from ancestry. No one disputes my title. My tribe is nearly extinct. ... The greater part of the land is rough bush. I have plenty of good land besides this piece.3

Edward Dean, the surveyor, gave evidence that

The lines are all cut and the angles pegged where practicable. Repiu Tokata pointed out the boundaries. There was no opposition. I have a claim of £152.15.0 [sic] for survey.4

The Court ordered a title to issue in the names of Repiu Tokata and 3 others.5 There were to be no restrictions on alienability.

A survey lien for £152-15-Iod was issued.6 Four days later the lien was transferred to the Mercury Bay Sawmill Company.7 In October 1874 the Sawmill Company relinquished the lien.8

1 Application for Investigation of Title, 22 August 1871. Maori Land Court Hamilton Block Orders file C119. Supporting Papers #K2.1.

2 Coromandel Minute Book 2 pages 270-271. Supporting Papers #J2.132-133.

3 Coromandel Minute Book 2 page 270. Supporting Papers #J2.132.

4 Coromandel Minute Book 2 pages 270-271. Supporting Papers #.J2.132-133.

5 Coromandel Minute Book 2 page 271. Supporting Papers #J2.133.

Order of the Court, 19 December 1871. Maori Land Court Hamilton Block Orders file Cn9. Supporting Papers #K2.2.

6 Notice of Lien, 19 December 1871. Maori Land Court Hamilton Block Orders file C119. Supporting Papers #K2.3.

7 Edward Dean, Auckland, to Judge Munro, 23 December 1871. Maori Land Court Hamilton Block Orders file C119. Supporting Papers #K2.4.

8 Mercury Bay Sawmill Co Ltd, Auckland, to Chief Judge Native Land Court, 27 October 1874. Maori Land Court Hamilton Block Orders file C119. Supporting Papers #K2.5.

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TARANOHO

CREATED 5 October 1870

Hauraki Minute Book 6 pages 233-235, and Coromandel Minute Book 2 pages 411-412

AREA 3796 acres

PLAN Hamilton Maori Land plan 1972

Investigation of Title

Title to Taranoho was investigated by the Native Land Court in October 1870.1 At the hearing William Graham appeared for Henare Whakarongohau. Whakarongohau had claims over Waiwawa and Taranoho, and the owners of Waiwawa were not disputing his right to Taranoho. He argued that

The land was given to me by Men and Repiu, the principal owners of this and the adjoining blocks. I had claims over the whole. Meri is in the Court. I procured the survey with their consent. There was no deed executed. Merit and Repiu are my cousins. I have abundance of land elsewhere for cultivation. This is nearly all mountain and bush. This land was given to me alone.2

Merl Rangitawau confirmed this.

I am the putake of Waiwawa and Taranoho. The land belonged to my ancestor Te Umuroa, and has descended to me from him. My fathers had the use of the bush. They caught birds and hunted rats and got hinau berries upon it. No one has ever disturbed them or us, we have always been in peaceable possession. We have given this land to Henare Whakarongohau. Repiu is my son.3

William Graham had surveyed Taranoho, and he explained that

The lines were all cut where practicable. Tokatea, Te Wharekopua and Rapaki are fixed points. Nearly the whole of the land is mountain and wooded, the whole quite unfit for cultivation. I have a claim for survey of £118-12-6d. I have no means of getting the money from the natives except by a lien which I apply for.'

The Court ordered a certificate of title for Taranoho in favour of Henare Whakarongohau.5

1 Hauraki Minute Book 6 pages 233-235, and Coromandel Minute Book 2 pages 411-412. Supporting Papers C12.13-15 and J2.154-155.

2 Hauraki Minute Book 6 page 233. Supporting Papers #J12.13.

3 Hauraki Minute Book 6 page 234. Supporting Papers #J12.14.

4 Hauraki Minute Book 6 page 234. Supporting Papers #J12.14.

5 Hauraki Minute Book 6 pages 233-235, and Coromandel Minute Book z pages 411-412. Supporting Papers C12.13-15 and J2.154-155.

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TE TIPI

CREATED 4 April 1877

Hauraki Minute Book 9 pages 322-323

AREA 3940 acres

PLAN Hamilton Maori Land plan 3736

Investigation of Title

Application for investigation of the title to Te Tipi was made in July 1876 by Repiu Tokata and Hi Whakarongohau of Ngati Maru and Ngati Patu.1

The application was heard by the Native Land Court in April 1877.2 Repiu Tokata of

Ngati Hei told the Court that Mr Mackay procured the survey. The

adjoining land Rangihau and Waiwhakaurunga have been through the Court. They were claimed by us, that is, by those who claim with me. We derive our title to Te Tipi from our ancestor Te Umuroa. ... Our ancestors lived permanently on this land. Their work was cultivating the soil, catching birds and gathering berries from the trees, hinau and other berries. No one ever disturbed or ... or disputed their right to the land. It was Te Hapimana who pointed out the boundaries of the land to the surveyor. No one opposed the survey.3

The Court ordered that a title be issued to Repiu Tokata, Henare Whakarongohau, Wata Tiaia, Te Hapimana and Raima Te Hemoata, all of Ngati Hei of Ngati Maru iwi.4

At the Court hearing a survey plan was produced, which was said to have

been compiled by me from surveys of the surrounding blocks, partly chequed [sic] by Mr McCarthy as shown on the plans

However this was found not to conform with the boundaries of adjoining already approved blocks. As a result it was not possible for the judge to immediately sign the order of the Court. Only when some amendments had been made to the plan was it approved.

Sale to the Crown

The Crown in May 1878 notified that monies had been paid for interests in Te Tipi, and that purchase of the block was being negotiated by the Government.'

I Application for Investigation of Title, 14 July 1876. Maori Land Court Hamilton Block Orders file H353. Supporting Papers #K34.1.

2 Hauraki Minute Book 9 pages 322-323. Supporting Papers t15.84-85.

3 Hauraki Minute Book 9 pages 322-323. Supporting Papers #J15.84-8

4 Hauraki Minute Book 9 page 323. Supporting Papers #J15.85.

Order of the Court, unsigned, 4 April 1877. Maori Land Court Hamilton Block Orders file H353. Supporting Papers #K34.2.

5 Hamilton Maori Land plan 3736. Supporting Papers #N151.

6 New Zealand Gazette 1878 pages 600-608, at page 608. Supporting Papers #W11.1-9.

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WAIPARUPARU

CREATED 27 August 1897

Hauraki Minute Book 45 pages

220-222-238, 240-244, 248-254, 258-259 and 264

AREA 603 acres

PLAN Hamilton Maori Land plans 4858 and 4858A

Waiparuparu was surveyed by William Tole in June 1881, but his plan was not approved until April 1891.1 The reason for this delay is not known. Two copies of Tole's plan survive. One gives the area of the block as 603 acres, the second gives the area as 635 acres. The plan showing the block to have 603 acres was the plan presented to the Native Land Court at the hearing into the investigation of title, and is therefore the more legally correct area.

The block was awarded to 32 owners, the two chief owners being Hera Puna and Raika Whakarongotai who together owned 38% of the shares.2

A survey charging order was made on the block in favour of William Tole for £45-18- od in April 1898.3

Attempted Purchase by the Crown

In April 1899 Gilbert Mair reported that

Hera Puna and several of the owners of Waiparuparu came today to offer the land for sale. This is a block of almost 600 acres joining the SE boundary of Kakatarahae and sloping into the Mahakirau Valley. It is all heavy bush, less broken than Kakatarahae and somewhat better land. Price asked is 9/- an acre, but 5/- is sufficient, the price paid for Kakatarahae. I think there are about 35 owners. The land passed the Court here about two years ago.4

The Surveyor General's opinion was that

The only reason for buying this piece of land is that it lies between, as it were, two pieces of Government land. It is broken forest country of no value except for mining, but to consolidate the Government estate it ought to be bought if you can get it at 5/- an acre.5

1 Hamilton Maori Land plan 4858A. Supporting Papers #N178.

2 Hauraki Minute Book 45 pages 220, 222-238, 240-244, 248-254, 258-259 and 264.

3 Hauraki Minute Book 47 page 102.

4 Land Purchase Officer Thames to Chief Land Purchase Officer, 24 April 2899. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.1-2.

5 Surveyor General to Chief Land Purchase Officer, 16 September 2899, on cover sheet to file NLP 1899/65. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.3-4.

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The Minister of Lands approved purchase of the block at 5/- an acre less the cost of the survey lien,6 and Mair was instructed to proceed.7

Mair purchased a number of shareholdings between October 1899 and August 1902.8 One owner's interest was in August 1902 found to have been falsely sold.

I am afraid that the native who signed for [Eriana Te Ahu in November 1899] was not Eriana Te Ahu, and that it has been a case of personation, for from the account given by her and her husband they were both away north at that time and for some years prior to and after the date mentioned.9

When this was discovered, the Crown purchased Eriana Te Ahu's interest again, this time from the correct person.10

At the end of August 1902 the Court heard the Crown's application to have its interest in the block defined. Mair explained that the Crown had purchased 104 out of the 113 shares in the block. There were 6 non-sellers with 9 shares. The Court then provisionally awarded Waiparuparu 1 of 556 acres to the Crown, and Waiparuparu 2 of 79 acres to the non-sellers, subject to further inquiry by Mair about survey charges.11 The following month, on Mair's application, the orders were made final.12 These areas were based on the fact that the copy of Tole's survey plan showing the area to be 635 acres was the one presented to the Native Land Court for this hearing.

But then it became known that

this block sold by Registrar Supreme Court on account of Tole's charging order, and land transfer certificate issued to Lynch, who has transferred to Dufaur and McCormick.13

This action meant the block was no longer Native Land, so could not be dealt with by the Native Land Court. The Crown's purchase and the Court's orders of September 1902 were therefore null and void. The Crown's purchase expenses had to be written off.

6 Chief Land Purchase Officer to Minister of Lands, 28 September 1899, approved by Minister of Lands,

30 September 1899, on cover sheet to file NLP 1899/65. Maori Affairs Head Office file MLP 1902/60. Supporting Papers

7 Chief Land Purchase Officer to Land Purchase Officer Thames, 9 October 1899. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B48.5.

8 Purchase Deed, 15 August 1902. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.6–8.

9 Land Purchase Officer Thames to Chief Land Purchase Officer, 9 September 1902. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.9.

10 Purchase Deed, 15 August 1902. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.6–8.

11 Hauraki Minute Book 53 pages 96–97. Supporting Papers #J60.3–4.

12 Hauraki Minute Book 53 page 178. Supporting Papers #J60.10.

13 Telegram Registrar Native Land Court Auckland to Chief Land Purchase Officer, 24 September 1902. Maori Affairs Head Office file MLP 1902/60. Supporting Papers #B148.10.

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WA I WAWA

CREATED 6 October 1870

Hauraki Minute Book 6 pages 241- 243, and Coromandel Minute Book 2 pages 416-417

AREA 4,642 acres

PLAN Hamilton Maori Land plan 1967

Investigation of Title

In May 1870 Repiu Tokata of Ngati Hei, by his

agent Preece and Graham, applied to have the

title to Waiwawa investigated.1

At the hearing in October 1870, William Graham

appeared for the claimants. Repiu Tokata stated

that he belonged to Ngati Hei and claimed the land from his ancestor Te Unuroa.

I and my father have lived on this land. No one has ever disputed our title or attempted to disturb us. ... We have no cultivations now on the piece, our cultivations are on Ngananganaia outside this block and not yet put through the Court. The block is all mountain land and bush.

Graham stated that he had surveyed the block.

The survey has been made according to the Rules of the N.L. Court. The lines are distinctly cut on the ground where practicable and the angles pegged. Repiu pointed out the boundaries. There was no opposition. I have a claim of £145 for survey. I have no way of getting the money except by a lien on the land which I apply for.

There were no counter claims and the Court ordered that a certificate of title be issued, without restrictions on alienability, to Repiu Tokata, Reupena Tahura, Wiremu Te Huia and Ereatara Tinirau, and that a survey lien be issued.2

In March 1871 Graham advised that he had received payment in full from the Mercury Bay Sawmill Co Ltd of the survey lien on Waiwawa, and asked for his lien to be transferred to the company.3 Later that month the survey lien was apparently cancelled, presumably because the sawmill company advised that it had been paid. However the lien was still being referred to in 1879 as being in existence.4

1 Application for Investigation of Title, 23 May 1870. Maori Land Court Hamilton Block Orders file C141. Supporting Papers #K5.1.

2 Hauraki Minute Book 6 pages 241-243, and Coromandel Minute Book 2 pages 416-417. Supporting Papers #J12.21-23 and J2.158-159.

Orders of Court (Order for Title and Survey Lien), 6 October 1870. Maori Land Court Hamilton Block Orders file C141. Supporting Papers #K5.2-3.

3 WA Graham, Auckland, to Chief Judge Native Land Court, 9 March 1871. Maori Land Court Hamilton Correspondence file C353. Supporting Papers #L2.4.

4 Telegram Chief Clerk Native Office Auckland to Accountant Native Office Wellington, 8 February 1879. Maori Affairs Head Office file MLP 1881/14. Supporting Papers #B34.24.

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THE HAURAKI TRIBAL LANDS—PART 2

A Crown Grant was issued. However, in February 1877 it was noticed that Repiu Tokata's name had not been included on the Court order for the certificate of title.5 As a result the Crown Grant had not included Repiu's name. A fresh Crown Grant had to be issued.6

Timber Lease to Mercury Bay Sawmill Co Ltd

In October 1870 the owners of Waiwawa entered into a lease of the block with the Mercury Bay Sawmill Co Ltd. This lease sold the timber, and granted timber cutting and timber driving rights for 99 years from 11 October 1870. The price paid was £315, plus an annual rent of 5/- "if and when demanded". James Preece was the interpreter.7 There is no record of the Trust Commissioner certifying the lease, or of the lease being registered. The lack of registration is believed to be associated with the existence of the survey lien over the block.

Sale to Crown

In July 1878 JW Preece, the Crown's land purchase officer, telegraphed that

Ounuora and Waiwawa, two blocks purchased, commenced by Mr Mackay, and I find held under lease of timber rights by private parties. Government have only one hundred and twenty pounds paid, besides one hundred and thirty for which he has not obtained vouchers. Native admit payment of same. The purchase money will amount to over nine hundred pounds at two shillings an acre. Were it only a matter of the £120 paid by Government, I should consider it better to abandon this purchase rather than pay, but it is a matter of good faith. They are a respectable lot of natives and wish to meet their engagements. Besides the amount due to Mackay, they incurred considerable debts to storekeepers on the faith that the land was to be purchased by Government, and are anxious to meet these liabilities. I myself consider the purchase a valueless one, the land being encumbered by the timber leases, but under the circumstances I think the agreement made by Mr Mackay should be carried out. Please let me have your reply today, as all the natives but three are here and want to get away.8

Sheehan the Native Minister decided that "we must abide by our bargain."

The four owners sold the block to the Crown on 27 July 1878 for £464 (i.e. £1 per acre), each receiving £116.10 The owners agreed to "surrender, convey and assure" the land "together with

all rights and appurtenances thereto belonging or appertaining ... for ever". This was translated as "ki te hoko i tetahi piihi whenua ko Waiwawa te ingoa ... i ona uri me nga kai whakakapi o tona turanga i muri i a ia ... ake tonu atu". Edward Puckey and George

Wilkinson negotiated the purchase for the Crown."

The purchase by the Crown was notified in February 1879.12 There were however problems getting the transfer to the Crown registered, as this was not possible until the survey lien over

5 Telegram Registrar Native Land Court to Native Agent Thames, 5 February 1877. Maori Land Court Hamilton Block Orders file C141. Supporting Papers #K5.4.

6 Crown Grant, 21 June 1877. Copy on Auckland Deed 1267. Supporting Papers #Al25.

7 Auckland Deed 1267. Supporting Papers #Al25.

8 Telegram Land Purchase Officer Thames to Under Secretary Native Department, 2 July 1878. Maori Affairs Head Office file MLP 1881/114. Supporting Papers #B34.2–4.

9 Native Minister to Under Secretary Native Department, 27 July 1878, on Telegram Land Purchase Officer Thames to Under Secretary Native Department, 2 July 1878. Maori Affairs Head Office file MLP 1881/114. Supporting Papers #B34.24.

10 Payment Vouchers, 27 July 1878 and 29 July 1878. Maori Affairs Head Office file MLP 1881/114.

Supporting Papers #B34.5-8.

11 Auckland Deed 1267. Supporting Papers #Al25.

12 New Zealand Gazette 1879 pages 292-293. Supporting Papers #w12.3–4.

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TE WEITI I, 2 & 3

INVESTIGATED 8 October 1870

Hauraki Minute Book 6 pages 257-281, and 284-287

AREA 6374 acres

PLAN Hamilton Maori Land plan 2043A

Investigation of Title

The block was surveyed by Edward Dean. He completed his survey, which gave the block an area of 6450 acres, in September 1870.1 When checked, it was noted that the survey "encroaches upon the Mahakirau (Provincial Government land) between the points A and B, also slight inaccuracy between the points C and D".

The block included all of the coastal frontage north of Whitianga Harbour as far as Taputapuatea Creek.

At the first Court sitting, claims to the land were put in by Ngati Piri and Ngati Koheru. Both ancestors of these hapu had been in a group, which also included Hei, which had arrived from Kawhia and driven out the previous inhabitants (Ngati Takaao, Ngati Topetopea and Ngati Turake).

It was common ground among the claimants that Koheru's descendent Te Rangitu had given a part of Te Weiti, which came to be known as Te Weiti 2, as a gift to Taramawhiti.

Taramawhiti was the grandfather of one of the claimants, Peneamine Tanui. Peneamine and his uncle Kaitu (one of Taramawhiti's sons) claimed Te Weiti 2 together. But Taramawhiti's elder brother, Te Whakapakinga, had also occupied the land after the gifting, and his descendent Maaka Puhata and his party also claimed a right to Te Weiti 2.

Maka Puhata claimed also the land which came to be known as Te Weiti 1 and Te Weiti 3 by descent from Piri, while Penehamine claimed these two portions by descent from Koheru. Other witnesses said that Penehamine had a claim by descent from Piri. There was considerable debate about who was Peneamine's father; it seems to have been somewhat of a scandal at the time.

A portion of the block at Wharaurangi, which came to be known as Te Weiti 4, was claimed by Ngakoti, because it had been a gift by aroha to his ancestor Huangongo. Ngakoti and his party were occupying this portion. Ngakoti's claim was not challenged.

Hera Puna and Tiepa also claimed a right to Te Weiti 1 and 3. They had been awarded the adjoining block, Kaimarama. After Hera had given his evidence Maaka Puhata's conductor,

1 Hamilton Maori Land plan 2043. Supporting Papers #N31.

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Mercury Bay District: Te Weld 1, 2 & 3

James Mackay, threatened to seek a rehearing of the Kaimarama decision, in order to get Maaka Puhata's party included in Kaimarama, but he also offered not to seek a rehearing if Hera and Tiepa would withdraw their claim to Te Weiti. This Hera Puna and his party agreed to.

Edward Dean had surveyed the Te Weiti block. Maaka Puhata had pointed out the boundaries. Dean said he was owed £188–2–6d, on the basis of an agreement with Maaka for survey at the rate of 71/2d per acre.

The Court then gave a decision on Peneamine's claim. It found that he was entitled to Te Weiti 2, but also that Maaka Puhata was entitled to so acres of the Te Weiti 2 in order to protect his cultivations on the land. It found also that Peneamine and Kaitu had a right from ancestry to be in Te Weiti r and 3.

At this point the claimants had a discussion among themselves, and reached an agreement that Maaka would forego his right to the 50 acres in Te Weiti 2, while Peneamine would forego his right to be in Te Weiti 1 and 3.

A title in favour of ten owners was ordered for Te Weiti 1 and 3, in the names of Maaka Puhata, Wi Te Tarapa, Eparaima Te Wheoro, Riripeti Utawaka, Harata Patene, Rihipera Poti, Miriama Whakaraua, Hori Kerei Tuokioki, Kaitu, and Rahera Te Ringaoka.2 A separate title was ordered for Te Weiti 2, in the names of Peneamine Tanui, Kaitu and Hori Kerei Tuokioki.3 This title was to be issued without any restrictions on alienation,4 a clear indication of an intention to sell the land.

Peneamine was made responsible for paying for the cost of survey of Te Weiti 2, and Te Weiti 2 was to have £3o charged against it as its share of the cost of the Dean survey.

However in June 1871 this intention was amended when the earlier orders of the Court were annulled and a fresh order for Te Weiti 1, 2 and 3 together was ordered.5 An agreement had been reached after long discussion. Peneamine Tanui and Miriama Whakaraua confirmed the arrangement, both pointing out that it had been agreed that Rahera Te Ringaoka and Rihipeti Utawaka would be excluded from the fresh title. The title was to be in the names of 10 owners, Kaitu, Peneamene Tanui, Hori Kerei Tuokioki, Maka Puhata, Harata Patene, Wiremu Te Tarapa, Eperaima Te Wheoro, Rihipa Poti, Miriama Whakaraua and Ema Te Aouru.

It was not until April 1973 that Dean completed another survey which corrected the errors in the first plan, and surveyed out Te Weiti 4.6 This gave the area of Te Weiti 1, 2 and 3 as 6374 acres.

2 Order of the Court, 8 October 1870. Maori Land Court Hamilton Block Orders file C324.

Supporting Papers #K19.1.

3 Order of the Court, 8 October 1870. Maori Land Court Hamilton Block Orders file C324.

Supporting Papers #K19.2.

4 Order of Court, 8 October 1870. Maori Land Court Hamilton Block Orders file C324.

Supporting Papers #K19.3.

5 Coromandel Minute Book z pages 196-197. Supporting Papers #J2.12o-121.

Order of the Court, 17 June 1871. Maori Land Court Hamilton Block Orders file C324.

Supporting Papers #K19.5.

6 Hamilton Maori Land plan 2043A. Supporting Papers #N32.

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THE HAURAKI TRIBAL LANDS-PART 2

Timber Lease

Te Weiti I, 2 and 3 were leased to Mercury Bay Sawmill Co Ltd for 45 years from 1 July 1871,

for an immediate payment of £775 and an annual rental of £10. The lease provided for the company to cut and remove any timber on the block, but reserved to the Maori lessors all

rights to totara timber, a right to cut and remove timber for their own use, and a right to

cultivate and to dig for kauri gum on the land. The company agreed to pay 15/- for each totara tree it cut and removed. James Mackay was the interpreter and agent for the company who

negotiated the lease. The transaction was certified by the Trust Commissioner in June 1873.7 Purchase of 5000 Acres by the Crown

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

Adjoining the Waikawau block on the north eastern side is a piece of Government land known as Mahakirau, on which gold in small quantities has been found. This commences on the watershed range and extends towards Mercury Bay, but it is cut off from coast frontage by Te Weiti and Kaimarama blocks. Te Weiti and Kaimarama blocks have been granted under the Native Lands Act, and Te Weiti has considerable frontage to the Whangamaroro and Whitianga Rivers. I was offered 4000 acres of Te Weiti block at 2/9d per acre, with Crown title, which I accepted and which gives access from Mercury Bay to the Mahakirau block and the north eastern portion of Waikawau. There are several places adjacent to the Whangamaroro River which are suitable for small homesteads.8

5000 acres of Te Weiti 1, 2 and 3 were sold to the Crown in November 1873 for £675 (i.e. nearly 2/81/2d per acre).9

However, one shareholding was left out of this purchase. Eparaima Te Wheoro had died, and though his daughter Te Reha Kahutopuni was appointed to succeed him in October 1873,10 she was a minor, and it was not until May 1877 that trustees were appointed.11

In July 1877 Mackay reported that

Te Weiti Block was originally granted to nine persons. The principal of these died, and his son Te Tarapa, who was already a grantee, succeeded to his interest. The eight shareholders then agreed to sell 5,000 acres of the block to the Crown in order to defray the expenses of the tangi for Maka Puhata's death. Before the deed could be completed another grantee (Eparaima Te Wheoro) died. The seven remaining duly executed the deed of conveyance for the eight interests held by them (Te Tarapa having his own and that of his deceased father, Maka Puhata). It only then remained to arrange for the claim of Eparaima Te Wheoro being conveyed (he had joined in the first agreement and received the money). I applied to the Native Land Court, through Mr JW Preece, to award to the Crown Eparaima Te Wheoro's share in the 5,000 acres sold to the Government, and to grant a succession order for his interest in the remainder of the block to his heir, an infant. The Court would not entertain the claim of the Crown, but decided in favour of the infant over the whole. This has effectually prevented the completion of the deed of conveyance, and there appears to be no remedy but to make a reserve for the infant's interest.12

7 Copy on Auckland Deed 1357. This Deed has not been located during this research.

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

9 Copy on Auckland Deed 1357. This Deed has not been located during this research.

10 Hauraki Minute Book 9 page 102. Supporting Papers #J15.36.

New Zealand Gazette 1877 pages 544-545. Supporting Papers #W10.1–2.

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

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Mercury Bay District Te Weiti 1, 2 & 3

In May 1878 the Crown notified that it had made payments on Te Weiti 1, 2 and 3, and was in negotiation to purchase the blocks.13

Te Reha's trustees in September 1879 agreed to sell her interest in 5,000 acres of Te Weiti 2 and 3 to the Crown for £50. The sale was endorsed by a judge of the Native Land Court.14

The sale of the block to the Crown was gazetted in March 1880,15 and in June 1881 the Crown notified that it had no further interest in acquiring any more of Te Weiti 1, z and 3.16

It was not until February 1882 that the Trust Commissioner certified both the 1873/74 sales and the 1879 sale, and it was not until April 1882 that James Mackay signed his declaration as the interpreter who had explained the contents of the deed to five of the sellers.17 The reasons for the delay are unknown.

Balance of Te Weiti 1, 2 and 3

The sale to the Crown still left 1374 acres in Maori ownership. This land was the eastern coastal block, divided from the Crown land by a generally straight line from Ngarahutonoa Creek south westwards and along the north western boundary of Te Weiti 4 to Waiparapara Creek.18

A small portion of Te Weiti 1, comprising 1 acre 3 roods at "The Wade", was sold to Thomas Carina for Bo in June 1873.19 Three of the owners travelled to the Trust Commissioner's office in Auckland and there had handed to them their share (£8) of the purchase price. They testified that

They have plenty of other land to live upon. The two deceased Grantees, Maka Pukata and Eparahama Te Wheoro, had equal interests with the others, and no other person of the tribe has any claim to the land.20

The Trust Commissioner certified the deed that was pesented to him at this time, but because two of the Grantees had died, it could not transfer all the interests in the land.

In July 1882 the trustees for Te Reha Kahutopuni, with the consent of the Chief Judge, sold her interest in the 1 acre 3 roods of Te Weiti 1, 2 and 3 to Thomas Carina, a Whitianga hotelkeeper, for £5.21 The transaction was certified by the Trust Commissioner.

13 New Zealand Gazette 1878 pages 600-6o8 at page 6oz. Supporting Papers #W11.1-9.

14 Copy on Auckland Deed 1357. This Deed has not been located during this research.

15 New Zealand Gazette 1880 pages 452-456. Supporting Papers #W13.1-5.

16 New Zealand Gazette 1881 pages 756-761. Supporting Papers #W14.16-21.

17 Copy on Auckland Deed 1357. This Deed has not been located during this research.

18 Hamilton Maori Land plan 2043A. Supporting Papers #N32.

19 Wiremu Te Tarapa and othrs, Whitianga, to Trust Commissioner Auckland, 4 July 1873. Papers for Application 1873/126. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #M1.42-46 at 44-46.

20 Note by Trust Commissioner Auckland, 26 June 1873. Papers for Application 1873/126. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #M1.42-46 at 43.

21 Hamilton Land Registry Transfer 4221. Supporting Papers #Q37.

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WHENUAKITE 2

CREATED 4 December 1872 Hauraki Minute

Book 9 pages 1, 23-25 and 27

AREA 6780 acres

PLAN Hamilton Maori

Land plan 26291

OWNERS Reupena Tahura,

Ereatara Tinirau and

Wiremu Te Huia

CERTIFICATE OF TITLE

(Hamilton Land Registry) 3/251

PURCHASED BY David Bruce, Charles Sutton, Archibald Smith, David Goldie and William Evers

DATE 31 July 1882

PURCHASE PRICE £325

TRANSFER DOCUMENT

(Hamilton Land Registry) None located'

Prior to the investigation of title, Reupena Tahura, Ereatara Tinirau and Wiremu Te Huia borrowed £300 from James Ansenne of Auckland and Archibald Smith of Mercury Bay "for the purpose of paying the costs of surveying and other costs attending the investigation of our claim to be interested in ... the Whenuakite Block". They agreed to this sum becoming a charge on the land.3

The f300 lien over the block was removed in June 1873,4 in association with a lease of the block to James Ansenne and the trustees for A Schapp's estate. This lease had been entered into in February 1873. The following month Preece and Graham wrote to the Trust Commissioner that

A certain deed will come before you concerning Whenuakite, Mercury Bay, being a sale of timber and lease to James Ansenne and others executed by Reupena Tahura, Ereatara Tinirau and Wiremu Te Huia. The consideration money expressed in the deed is £767-Io-od. This sum was made up by £600 actually paid to the natives, and the balance of £167-Io-od was agreed to be paid for the survey by the lessees. This sum Mr Ansenne now refuses to pay, thus breaking the term of the deed, he not having now paid the full consideration expressed in the deed, we deem

I Supporting Papers #N62.

2 Declaration by Solicitor for Purchasers, 31 July 1882. Papers for Application 1882/183. Trust Commissioner Auckland's 1882 Papers. Supporting Papers #M3.17-19.

3 Charging Agreement, 28 October 1872. Maori Land Court Hamilton Correspondence file C2o2. Supporting Papers #Li.1-2.

4 Ansenne and Smith, Mercury Bay, to Chief Clerk Native Land Court Auckland, 3o June 1873. Maori Land Court Hamilton Correspondence file C202. Supporting Papers #LI.3.

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THE HAURAKI TRIBAL LANDS—PART 2

it to be our duty to inform you of the circumstances as the deed was interpreted by our Mr Graham.5

The lease was sent to the Trust Commissioner for inquiry in April 1873.6

A Justice of the Peace at Mercury Bay, G Maunsell, made inquiries on behalf of the Trust Commissioner in November 1873. He reported that

The above persons [the vendors] as usual had no duplicate and therefore the enquiry could not satisfactorily be made. Their view of the transaction is that the land is leased, but they are uncertain for what term, or what amount. The trees only are sold ... [for] £600. ... They do not seem to understand [whether the £300 advanced by way of mortgage is part of the consideration money] .7

In February 1874 it was confirmed that the £300 lien did form part of the consideration.8

The lease was apparently found to be inaccurate as to the location of the block, and a fresh lease document was prepared in July 1874.9

The net result of these transactions and inquiries was that the block remained in Maori ownership.

Crown Interest in Purchasing Whenuakite 2

In 1878 the Government notified that monies had been paid to owners of Whenuakite 2 and that negotiations were in hand for its purchase.10 The effect of this notice was to bar private purchasers from attempting to purchase the block.

The advances are unclear, but seem to refer to advances made by James Mackay in 1873 to Katerina Hauruia and Peneamine Tanui, of £3o and £12-10-od respectively. Mackay recorded these advances as being paid on the Moewai block, but later changed the name of the block to the Whenuakite block, without giving any explanation."

In February 1879 the Government land purchase officer, George Wilkinson, stated that he would shortly be visiting Mercury Bay, and, referring to Whenuakite 2, "shall try to purchase the block for the Government." This was notwithstanding an apparent lease of the block to the Mercury Bay Sawmill Company.12

In January 1880 Wilkinson reported that

The purchase should be abandoned. Although of large area, this land is of very inferior quality and not at all adapted for farming purposes. The Mercury Bay Company have also a timber lease

5 Preece and Graham, Auckland, to Trust Commissioner Auckland, 21 March 1873. Papers for Application 1873/77. Trust Commissioner Auckland's 1873 Papers. Supporting Papes #Mr.8–16 at 16.

6 Beveridge and Alexander, Solicitors, Auckland, to Trust Commissioner Auckland, 18 April 1873. Papers for Application 1873/77. Trust Commissioner Auckland's 1873 Papers. Supporting Papes #M1.8–16 at 15.

7 Statement by G Maunsell, Mercury Bay, 22 November 1873. Papers for Application 1873/77. Trust Commissioner Auckland's 1873 Papers. Supporting Papes #M1.8–16 at to.

8 Beveridge and Alexander, Solicitors, Auckland, to Trust Commissioner Auckland, 23 February 1874. Papers
for Application 1873/77. Trust Commissioner Auckland's 1873 Papers. Supporting Papers h./11.8-16 at 12.

9 Beveridge and Alexander, Solicitors, Auckland, to Chief Judge Native Land Court, 18 August 1874. Maori Land Court Hamilton Correspondence file C202. Supporting Papers #L.1.4.

10 New Zealand Gazette 1878 pages 600-6o8. Supporting Papers #W11.1–9.

11 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 13 February 1881. Maori Affairs Head Office file MLP 1881/429. Supporting Papers #B38.6.

12 Telegrams Land Purchase Officer Thames to Chief Clerk Native Land Court Auckland, 14 February 1879 and 15 February 1879. Maori Land Court Hamilton Correspondence file C202.

Supporting Papers #L1.5 and 6.

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Mercury Bay District: Whenuakite 2

over it, which considerably lessens its value, even were the land of good quality. The Natives to whom Mr Mackay advanced the sum of £42 do not appear to be Grantees in this block.13

The Under Secretary commented that "I see no chance of recovering this money, and recommend the block be abandoned and the £42-10-od transferred to General Expenses Account."14

In September 1880 the Chief Surveyor was asked to report on the suitability of the two blocks (Moewai and Whenuakite 2) for Crown purchase, the Under Secretary in the Native Land Purchase Department noting that the block was "under negotiation of purchase in 1873 by Mr James Mackay, and it is a question now whether the purchase should be continued or not."15

The Chief Surveyor replied, in connection with Whenuakite 2, that

Nearly the whole of it is bush, and the soil indifferent and somewhat broken. I believe that there was kauri on the block, but there is little or none left. 6780 acres .... I do not think that [it is] worth 2/- per acre, as [it] could not be used for settlement at once. The time will come probably when such lands will be made use of for pastoral purposes, but not for many years.16

In January 1881 the land purchase officer in Thames, George Wilkinson, was told that the Native Minister wished to abandon the purchase of Moewai and Whenuakite 2, and that he should recover the advances made to the owners by the Crown.17 Wilkinson reported back about what he termed the "Whenuakite No 2 or Moewai Block" that

With regard to the advance of £42-10-od made by Mr Mackay some years ago and charged against this block, I find that the money was not paid to the Grantees, but to two other natives who have no ownership in the block, so that it will not be easy to get this money refunded by the natives. I believe however that the Mercury Bay Sawmill Company who have a timber lease over the land would be willing to repay this money to the Government, provided the Proclamation was removed from the block, so that they could be able to get an extension of their lease.18

In September 1881 solicitors acting ostensibly for the owners of Whenuakite 2 requested that

You will cause a notification to be published to the effect that Her Majesty has relinquished negotiations in respect of the Whenuakite No 2 block. ... The native owners of this block state that they have not, nor has anyone on their behalf, received any monies from the Government on account of this block, with which they are now anxious to deal. Our Mr Alexander placed these facts before Mr Gill [Under Secretary Native Land Purchase Department] when that gentleman was in Auckland some months since, and Mr Gill then promised to inquire into the matter and, if the facts were as stated by us, to get the block released from the notification of 1878. Would you kindly inform us at your earliest convenience if there is any difficulty in the way of publishing the notification we now ask for.19

13 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 1880/58. Supporting Papers #B25.1-14.

14 File note by Under Secretary Native Land Purchase Department, undated, on Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 1880/58. Supporting Papers #B25.1-14.

15 Under Secretary Native Land Purchase Department to Chief Surveyor Auckland, 28 September 1880. Maori Affairs Head Office file MLP 1881/429. Supporting Papers #B38.1.

16 Chief Surveyor Auckland to Under Secretary Native Land Purchase Department, 4 October 1880. Maori Affairs Head Office file MLP 1881/429. Supporting Papers #B38.2–3.

17 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 16 January 1881. Maori Affairs Head Office file MLP 2882/429. Supporting Papers #B38.4.

18 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 4 February 1881. Maori Affairs Head Office file MLP 1881/429. Supporting Papers #B38.5.

19 Beveridge and Alexander, Solicitors, Auckland, to Under Secretary Native Land Purchase Department, 9 September 1881. Maori Affairs Head Office file MLP 2881/429. Supporting Papers #B38.7.

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TE KARO I & 2

CREATED 28 November 1872

Hauraki Minute Book 9 page 3

AREA Te Karo 1 - 1270 acres Te Karo 2 - 100 acres

PLAN Hamilton Maori Land plan 2607

Investigation of Title

Following survey.1 title to Te Karo was investigated by the Native Land Court in November 1872. Hohepa Paraone of Ngati Maru told the Court that

I know [Te Karo 2]. I claim this land. It did [not] belong to Reupena, it was given by his ancestors to my ancestors and [we] have been in possession ever since.

Reupena Tahura confirmed Hohepa's claim, and the Court ordered a title for Te Karo 2 in the name of Hohepa Paraone.2

Te Karo r was awarded by the Court to Miriama Pehi, Peneamine Tanui, Hori Kerei Tuokioki, and Matene Pehi.

Timber Lease of Te Karo

Te Karo I was leased for timber harvesting to John Hawkins Graham in December 1872.3 Graham paid Loo for the timber in Te Karo 1 and agreed to pay an annual rental of 5/- "if and when demanded" for the harvesting rights for 99 years. The lease was certified by the Trust Commissioner in November 1873, after Puckey, Native Agent at Thames, had taken a statement from one of the owners, Miriama Pehi Pukukauri.4

Graham almost immediately transferred the lease to James Wathen Preece and William Australia Graham, who were later joined in partnership in July 1874 by Joseph Howard and James Walter Waller.5

Sale to the Crown

Te Karo was sold to the Crown in two transactions. Te Karo I was sold by its four owners in December 1872 for Loo (i.e. nearly 1/7d an acre),6 while Te Karo 2 was sold by Hohepa

1 Hamilton Maori Land plan 2607. Supporting Papers #N57.

2 Hauraki Minute Book 9 page 3. Supporting Papers

3 Hamilton Land Registry Lease 67. Supporting Papers #Q156.

Timber Lease, 16 December 5872. Copy in Auckland Deed 244. Supporting Papers #A3.

Turton's Deeds, Deed 356, pages 460-461. Supporting Papers #T2.102-1o3.

4 Statement by Miriama Pehi Pukukauri, 20 December 1872. Papers for Application 5873/573. Trust Commissioner Auckland's 5873 Papers. Supporting Papers #N41.66-67.

5 Transfer of Lease, 4 November 1873, attached to Hamilton Land Registry Lease 67. Supporting Papers #Q156.

Memorials on Timber Lease. Copy in Auckland Deed 244. Supporting Papers #A3.

6 Auckland Deed 244. Supporting Papers #A3. Turtons Deeds, Deed 356, pages 460-461. Supporting Papers #T2.5oz-Io3. Turtons Deed Plans. Supporting Papers #T3.55.

Hamilton Land Registry Transfer 384. Supporting Papers #Q5.

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OMAHU

CREATED 7 December 1872

Hauraki Minute Book 9 pages 66-67

AREA 7056 acres

PLAN Hamilton Maori Land plan 2570

Investigation of Title

At some stage prior to September 1872, Pahau Ngataua borrowed £500 from Daniel Joseph O'Keefe, Thomas Logan, Michael Hannaford and Edward Torrens Brissenden to pay for survey and other costs.

O'Keefe, Logan, Hannaford and Brissenden in turn sold the debt on this and four other blocks to the Crown in September 1872.1 This meant the owners then owed the Crown for the survey and other costs. The total amount owed by the owners of the five blocks was £2105, but the Crown had purchased the debt for a total £1700. This was distributed pro rata between the five blocks. The amount owing on Omahu, £404, was treated as an advance on the purchase price.

Omahu was surveyed by Edward Tole.2 In September 1872 Tole told the Court that

I made the survey of Omahu. It has been made in accordance with the Rules of the NLC. The lines are all cut and the angles pegged. It does not overlap any granted land. Wheke and Tinioti pointed out the boundaries. There was no opposition to the survey. I have no claim for survey.3

In December 1872 the title to Omahu was investigated. Peata Pahau claimed on behalf of himself, Ruta Pahau, Tuiroti Piritaha, Miriama Konehu, Maraea Takitu and Paraone Te Rarama. Ngakapa Whanaunga, owner of the land to the south of Omahu, supported the claimants, provided Tamihana Tukere was added to the list of owners. Tamihana Paetai asked for his name to be added. There were no objections to these two additions. The Court agreed to order the issue of a certificate of title in favour of these 8 owners, "when plan is certified to by Inspector of Surveys."'

Timber Lease

The timber cutting rights on part of Omahu were leased to Richard Seccombe and John Carroll Seccombe of Auckland in December 1872. The area leased was 188o acres, and the lease involved the purchase of timber for f5o and timber harvesting rights for 21 years at an annual rental of 5/- "if and when demanded."5 The Trust Commissioner certified the lease in

1 Turton Deeds, Deed 349, pages 433-436. Supporting Papers #Tz.75-78.

Tartans Deed Plans. Supporting Papers #T3.51-54.

2 Hamilton Maorid I

\_an\_ plan 257o. Supporting Papers #N52.

3 Hauraki Minute Book 7 page 204. Supporting Papers #113.19.

4 Hauraki Minute Book 9 pages 66-67. Supporting Papers #J15.33-34.

5 Turtons Deeds, Deed 38o, pages 517-52o. Supporting Papers #Tz.159-162.

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PUKETUI

CREATED 30 October 1873

Hauraki Minute Book 9 page 103

AREA 3180 acres

PLAN Hamilton Maori Land plan 2739

SOLD TO CROWN 1879

Investigation of Title

The plan for Puketui was prepared by WG Clarke in September 1873.' On checking it was found that Clarke had included a part of the adjoining Piraunui Block in Puketui. This reduced the block from an initially calculated area of 3951 acres to 3180 acres. The plan was corrected before the block was heard in the Court.

The application for Puketui was heard in October 1873.2 Nikorima Poutotara of Ngatitahumua of Ngati Maru iwi claimed the land. He asked that it not be made inalienable, it being "very poor land".

The block was awarded to Nikorima Poutotara and 3 others.

Preece and Graham registered a lien of £99 over the block with the Native Land Court. This had been advanced to pay for the cost of survey.

Timber Lease

A timber lease of Puketui to James Wathen Preece and William Australia Graham was entered into in October 1873. By this lease the owners sold the timber for £200 and leased the harvesting rights for 45 years at an annual rental of V- "if demanded." The lease document shows the area being leased as Puketui block with its original area of 3951 acres.

The Trust Commissioner certified the deed in December 1873, but only after being assured that the lien for £99 had been released. It was paid by the owners as a separate transaction to the lease.4 Prior to this the Trust Commissioner had insisted that the owners understood that the debt was still outstanding.5

1 Hamilton Maori Land plan 2739. Supporting Papers #N75.

2 Hauraki Minute Book 9 page 103. Supporting Papers #115.37.

3 Timber Lease, 31 October 1873. Copy on Auckland Deed 832. Supporting Papers #A74.

4 Native Agent Thames to Trust Commissioner Auckland, 22 November 1873, on Statement by Miriama Pehi Pukukauri, Nikorima Poutotara and Taitoru Tawa, 31 October 1873. Papers for Application 1873/179. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #m1.68-74 at 72-73.

5 Trust Commissioner Auckland to Native Agent Thames, 19 November 1873, on Statement by Miriama Pehi Pukukauri, Nikorima Poutotara and Taitoru Tawa, 31 October 1873. Papers for Application 1873/179. Trust Commissioner Auckland's 1873 Papers. Suppoting Papers #1■41.68-74 at 72-73.

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TAIRUA

CREATED 29 November 1872

Hauraki Minute Book 9 pages 3-10

AREA 36,000 acres

PLAN Hamilton Maori Land plan 2580

In January 1872, when outlining the services he could offer as a land purchase agent for the Government, James Mackay wrote about what he termed the Tairua Block.

This block probably contains about zo,000 acres of unsold lands, mostly of a hilly broken character unsuitable for settlement, but which are believed to be auriferous. Alluvial gold has been found in two or three places, and it is reported that a 'rush' of miners from the Thames has taken place there during the last few days. The kauri timber has been sold to Messrs Seccombe and Son, who have a valuable sawmill on freehold land near the mouth of the River Tairua. I think this block can be purchased from the Natives. I have been requested to get it surveyed and to apply to the Native Land Court to investigate the title.1

In June 1872 Mackay reported that

The Natives owning the Tairua block have made an arrangement with Messrs Preece and Graham for the survey of it, and I have secured the assistance of these gentlemen in the purchase of it, if the price is found to be within your limit. I would recommend that it be purchased at any rate not exceeding 3/- per acre including cost of survey. I do not, however, anticipate it costing more than from 1/6d to 2/- per acre.2

Investigation of Title

Survey of Tairua block was completed by William Australia Graham in September 1872.

At the Court hearing in November 1872,3 Miriama Pehi (or Pukukauri) claimed the block on behalf of herself and her children through ancestry and by conquest. There were counter claims by Hamiora Tu, claiming from his ancestor Marutuhao, Hotereni Taipari, claiming from his ancestor Ngako and also by conquest, and Matene Te Raukura of Ngati Whanaunga, claiming from his ancestor Makihona.

Hamiora Tu's claim was challenged, on the grounds that he had signed away any rights he may have had to the mainland when his name was included by agreement in the title to Whakahau (Slipper Island). James Mackay gave evidence that

I remember the agreement made by Hamiora Tu with these people at Coromandel. The agreement was about two islands, and his name was to be admitted into Whakahau and Motukora if he did not make any application to be admitted in Crown Grant of Tairua. The

1 J Mackay, Auckland, to Minister of Public Works, 24 January 1872. Maori Affairs Head Office file MLP 2885/18. Supporting Papers #B54.1-26.

AJHR 1873, G-8, pages 1-5. Supporting Papers #ULI-5.

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

3 Hauraki Minute Book 9 pages 3-10. Supporting Papers C15.1-8.

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THE HAURAKI TRIBAL LANDS–PART 2

agreement was produced at that Court. Hamiora Tu quite understood the purport of the document as I read it to him. I took it to Court and the Judge asked if he was satisfied with the arrangement. He said he was. Miriama was also asked by the Court and she agreed.

I wrote the document out, and [Hamiora] signed it.4

The Court awarded Tairua to Miriama Pehi Pukukauri, Peneamine Tanui, Hori Kerei Tuokioki, Matene Pehi and Marara Hanata.5

Timber Lease

In early December 1872, one week after being awarded the block, the owners leased the timber cutting rights on Tairua for 4o years to Richard Seccombe and John Carroll Seccombe.6 The lease included the sale of the timber on the block for £500, and an annual rental of 5/– "if and when demanded". John Guilding was the interpreter, and Gerald O'Halloran was the land agent who negotiated the lease. The lease was certified by the Trust Commissioner in June 1873, after Miriama Pehi Pukukauri had told Puckey, the Native Agent at Thames, that she "saw the rest of the Grantees sign, the deed was duly interpreted, and the consideration money has been paid to us."7

The lease document signed in December 1872 was apparently the formalisation of an agreement entered into a number of years earlier. Mackay had acted for the Seccombes in some of these earlier arrangements. He explained to a Parliamentary committee in 1875 that

The first acquaintance that I had with the Tairua block was in 1865, when the Natives were quarrelling with Mr Seccombe about some timber at Puketuhe. This ended in a dispute that I had to settle as Civil Commissioner....

The [timber] interest was first sold to [Seccombe] in 1864 by Dr Shortland's authority, and the money was paid and the agreement signed. After I left the Government service, I was Seccombe's agent, and I endeavoured to get a title for it through the Native Land Court. The survey of the block was made with the object of securing Seccombe's title. Seccombe asked me on several occasions to sell it for him. He had spent £22,000 or £26,000 on the mill [located on the adjoining Matapaia block], but it had always been a bad paying thing, and he wanted to get rid of it. Therefore I suggested that he should get a title through the Native Land Court. I was once authorised to offer it to Brogden and Sons, which I did here in Wellington. Mr Graham made the survey, and after the survey was completed it was arranged to put the land through the Native Land Court.8

"Just after the sale to the Crown"9 (see below), the Seccombes transferred their lease to James Wathen Preece and William Australia Graham, who then took in Joseph Howard and James Walter Waller as partners. They later sold the lease to the Tairua Timber and Sawmill Company Ltd. This company in turn sold the lease to the Union Steam Saw Moulding Sash and Door Company Ltd, which was unable to repay its mortgages and the lease was then sold by the Registrar of the Supreme Court to the Kauri Timber Company Ltd.10

4 Hauraki Minute Book 9 page 9. Supporting Papers #J15.7.

5 Hauraki Minute Book 9 page 10. Supporting Papers #J15.8.

6 Hamilton Land Registry Lease 66. Supporting Papers #Q155.

7 Statement by Miriama Pehi Pukukauri, 20 December 1872. Papers for Application 1873/99. Trust Commissioner Auckland's 2873 Papers. Supporting Papers #M1.35–36.

8 Minutes of the Tairua Investigation Committee, at paragraphs 890 and 891. AJHR, 1875, I–I, pages 1–71, at page 41. Supporting Papers #U5.1–82. at 52.

9 Minutes of the Tairua Investigation Committee, at paragraph 892. AJHR, 1875, I–1, pages 1–71, at page 41.

Supporting Papers #U5.1–82 at 52.

10 Hamilton Land Registry Lease 66. Supporting Papers #Q155.

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Tairua and Whangamata District: Tairua

Crown Purchase of Tairua

In November 1872 Mackay's land purchase assistant, JW Preece, advised the Agent for the General Government in Auckland, Daniel Pollen, that Mackay believed that he could purchase many of the blocks, including Tairua, which were going before the Native Land Court later that month. Preece asked for funds to be imprested to Mackay.11 The purchase of the block was apparently then authorised.

In December 1872, on the day after the timber cutting rights were leased, Tairua block was purchased by the Crown.12 The purchase price was £2900. Guilding was the interpreter.

The deed provided for the owners to be issued with a grant for 1000 acres, "such land to be selected within 3 months from the date hereof to be taken in either one or two blocks at the option of the said Miriama Pehi Pukukauri, expense of survey to be borne by the Crown". This provision was an addition to the deed, signed by Mackay, but not dated.

Mackay reported to Pollen that

I have the honour to inform you that I have completed the purchase of the Tairua and Karo blocks for £3000, the only reserve is one thousand acres in the former. The total area exceeds 36,000 acres and the cost per acre including survey is therefore only one shilling and eight pence.13

In October 1873, when forwarding the purchase deed to Wellington, Mackay noted that

It will be observed that, in the Tairua and Whangamata blocks, reserves have been made, and it is endorsed on the Deeds that Grants will be issued by His Excellency the Governor to the Natives mentioned in such memorandum. As the reserves formed but a very small portion of the blocks, and as it was not possible to describe these without survey, which would have delayed the completion of the purchases, I deemed [it] advisable to take conveyances of the whole, subject to the granting of the pieces in question."

The Trust Commissioner certified the deed in July 1874, and a certificate of title was issued by the Land Registry Office later that month.15

Tairua was declared Waste Lands of the Crown in June 1874.16 This declaration did not exclude the woo acre reserve, though a later declaration in April 1875, defining the Hauraki gold mining district, did refer to the reserve.17 This prompted enquiries by the Provincial Government in Auckland in 1875 as to how the reserve came to be made.18

11 JW Preece to Agent for General Government Auckland, zz November 1872, attached to Agent for General

Government Auckland to Minister for Public Works, 4 December 1872. Maori Affairs Head Office file MLP 1873/29. Supporting Papers #B1.1–4.

AJHR 1875, G–5C. Supporting Papers #U3.1.

12 Auckland Deed 1790. Supporting Papers #A220.

Turtons Deeds. Deed 379, pages 516–517. Supporting Papers #T2.158–159.

Turton's Deed Plans. Supporting Papers #T3.82.

13 James Mackay to Agent for General Government Auckland, 1z December 1872, attached to Agent for General Government Auckland to Under Secretary for Public Works, 16 December 1872. Maori Affairs Head Office file MLP 1874/482. Supporting Papers #B19.1–3.

14 J Mackay, Cambridge, to Minister of Public Works, 9 October 1873. Maori Affairs Head Office file MLP 1873/145. Supporting Papers #B8.1.

15 Auckland Deed 1790. Supporting Papers #A220.

Turton's Deeds, Deed 379, pages 516–517. Supporting Papers #T2.158–159.

16 New Zealand Gazette 1874 pages 403–412. Supporting Papers #W7.4–13.

17 Waste Lands Commissioner Auckland to Provincial Superintendent Auckland, 4 May 1875. AJHR 1875, G–5B, page 1. Supporting Papers #U2.1.

18 Provincial Superintendent Auckland to Colonial Secretary, 2 July 1875. AJHR, 1875, G–513, page 1. Supporting Papers #U2.1.

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In addition to the inquiries by the Provincial Government, the Provincial Superintendent had apparently taken out a writ in the Supreme Court against Mackay, on the grounds either that

the whole 36,000 acres of Tairua had been purchased by the Government without any moo acre reservation, or that, if there had been provision for a reserve, it had lapsed because the

sellers had not selected the site of the reserve or reserves within the time set out. If the owners had selected a site or sites, then Mackay was accused of fraudulently transferring the site of the

reserve away from where it had been requested and placing it in the only suitable location for a township. Besides the alleged damage to Provincial Government interests by Mackay, his

assistants O'Halloran and Guilding were accused of arranging to lease the reserve on behalf of themselves and others, while they were employed by the General Government,19 and Mackay was accused of being likely to assist this by recommending the issue of a Crown Grant. Mackay provided a detailed explanation in July 1875.

In December 1872 I commenced negotiations for the sale of the Tairua block to the Crown. After many discussions of the question a deed was prepared which contained no reservations except those of the rights of Seccombe and Son to kauri timber (which had been acquired in 1864). No mention had been made of a reserve as none had been asked for. The purchase money spoken of was three thousand pounds, but on the day the deed was presented for execution the grantees at the last moment demanded a reserve of two thousand acres or a payment of three thousand six hundred pounds, being one hundred pounds per thousand acres. I then agreed to pay two thousand nine hundred pounds and allow a reserve of one thousand acres which was to be selected within three months, and in not more than two blocks. The site of the larger portion of the reserve was fixed at Pukiore, at the head of navigation of the Tairua river, and the position of the remainder was not determined, some of the natives being in favour of taking it at Te Karaka burial ground, and others near the mouth of the river. I did not deem it advisable to alter the conveyance or cumber it with a covenant to produce title deeds. I therefore asked the natives to convey the whole to the Crown on the understanding that a Grant would be issued to them for one thousand acres, and to satisfy them, endorsed the particulars of this arrangement on the back of the deed.

The natives within the three months applied to me to survey the reserves, and I told them it would be attended to as soon as my other engagements would allow of it. ...

[Mackay recorded the purchase and the provision of a reserve, in his March 1873 report.]

In April 1873 Timothy Sullivan was murdered by Purukutu at Waikato, and I was requested to proceed there as Agent for the General Government, which effectually precluded me from completing the arrangements for surveying the reserves as I was absent from the Thames district for upwards of twelve months. I had no communication with the natives respecting the reserve until the nth May [1875], when a letter was forwarded to me requesting me to have it surveyed.

... I instructed Mr John Guilding, a licensed Interpreter in my employ and who is not a Government officer, to proceed to Tairua with a Surveyor and lay off the reserve. This was done. Nine hundred and ninety acres were surveyed at Pukiore and ten acres at Te Kutakuta, near the mouth of the river. They applied to me on the 29th May to allow them to take twenty acres at Te Karaka burial ground, and reduce the Pukiore reserve to nine hundred and seventy acres. ... The latter question has not been arranged. ...

As far as I am concerned, I distinctly deny that I ever asked the natives to lease me the Tairua reserve, or any portion of it, or that I ever suggested, directly or indirectly, to any person whomsoever to do so, either on my behalf or on his own account.20

19 Provincial Superintendent Auckland to Colonial Secretary, 17 July 1875. AJHR, 1875, G–5B, page 2.

Supporting Papers #U2.2.

20 James Mackay, Auckland, to Colonial Secretary, 17 July 1875. AJHR 1875, G–5B, pages 2–4. Supporting Papers #U2.2–4.

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Tairua and Whangamata District: Tairua

The House of Representatives established a Committee to investigate the allegations concerning the purchase of Tairua. The Tairua Investigation Committee met between August

and October 1875. When it reported back, the House of Representatives ordered that its report, and the minutes of evidence presented to it, should be printed.21 While not finding

that Mackay had acted illegally, it did find that Mackay's position as an independent land purchase agent, who had the Government as one of his clients, caused serious problems. Its

report was to bring about the end of the land purchase agent system. Under the new system, salaried officers of the Government would become responsible for land purchasing.

The following year, after the Committee had reported, JW Preece wrote an extensive letter outlining his involvement in the matter. This was because he had inferred from the

Committee's report that some members had the idea that he, who was later to be a part-owner of the timber cutting rights, had promoted the purchase of the freehold by the

Government.

Mr Mackay had been instructed by Mr Ormond in March 1872 to purchase the freehold of a very large extent of land in the Thames Peninsula, certain portions of which, he was informed by Mr Mackay in an official report, was subject to existing agreements between the sawmill owners and the natives, of which the Tairua valley is particularly mentioned. With this information before him, Mr Ormond gave Mr Mackay instructions to purchase the land subject to these agreements. I was at that time acting as a private land agent, and was asked by Mr Mackay if I would assist him in the purchase of these lands. I consented to do so, he dividing with me the commission which he was to obtain. I had no connection with the Government in the matter, nor had I any communication with them but the one [made to the Agent for the General Government in November 1872]. About November 1872, I having been attending the sitting of the Native Land Court at the Thames with Mr Mackay for some time, was coming up to Auckland on some business of my own, and Mr Mackay, who was very busy at the time I left, in Court, asked me to call on Dr Pollen and ask him to furnish him as speedily as possible with funds to complete the purchase of those lands which had then passed the Court. I called on Dr Pollen. ... He told me it was necessary to have a written application. ... He then told me to write him a letter on the subject, which I did on the spot, at his table.

Preece contended that he had not, in this letter, promoted any personal recommendation of his own that the block be purchased, and also that at that time he was not and did not intend to become a part owner of the timber cutting rights. His decision to buy a share of the Tairua sawmill and its associated timber resources was not made until later.

I reiterate the statement, and am prepared to do so in a more solemn manner, that at the time I wrote the memorandum or letter to Dr Pollen, asking for money for Mr Mackay to purchase these and other blocks of land, I had not the most remote idea that I should ever become in the smallest way the part owner of the Tairua mill and forests, nor, as I have stated before, did I contemplate it at the time of the sale of the freehold to the Government.22

Preece also wrote a second letter, after reading some of the previous correspondence on the matter which had been published.

I also note in those papers that it had been stated that the Tairua Reserve was unknown before the proclamation of Tairua to the Crown was signed, and saw Mr Mackay make the indorsement on the deed at the time. I have read Mr Mackay's statement regarding the matter in those papers, and I think it only just to him to state that he has stated the circumstances

21 AJHR, 1875, 1-1, pages i-xi and 1-71. Supporting Papers #u5.1-82.

22 JW Preece, Auckland, to Native Minister, 19 June 1876. AJHR 1876, C-I2, pages 1-4. Supporting Papers #U6.1-4.

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correctly. The natives wanted 2/– per acre for the land, but they eventually agreed to take the sum of £2,900, on the condition that they should be permitted to select a thousand acres out of the 36,000 acres, in two blocks, where they pleased; but at the same time they mentioned Pukiore and Te Karaka as the places where they desired to have it.23

1000 Acre Reserve

The reserve was surveyed in two portions, of woo acres at Pukiore,24 and of io acres at Te Kutakuta near the mouth of the Tairua River.25 A Crown Grant for Pukiore was issued in November 1879.26

In 188o a Crown Grant for the 10 acres at Te Kutakuta had still not been issued, and a Thames solicitor applied for this to occur, presumably at the request of Miriama Pehi and the other owners.27 The Grant was issued in February 1881.28

In March 188o the owners of Pukiore sold the block to John Edward Banks for £315.29 The reserve had earlier been referred to in correspondence as "Mr Banks' base."30

The owners of Te Kutakuta sold the block to Walter Birch in a deed registered in August 1883.31

There is no record of any reserve being laid off and granted at Te Karaka burial ground.

23 Memorandum by JW Preece, 23 June 1876. AJHR 1876, C–12, page 4. Supporting Papers #U6.4.

24 Hamilton Maori Land plan 3390.

25 Hamilton Maori Land plan 2581.

26 Hamilton Land Registry Certificate of Title 9/185. Supporting Papers #P2.

27 JA Miller, Thames, to Government, 8 May 188o and 25 August 1880. Maori Affairs Head Office files MLP 1880/595 (Schedule). Supporting Papers #B28.1.

28 Hamilton Land Registry Certificate of Title 21/17. Supporting Papers #P6.

29 Hamilton LandRegistry Transfers 2861, 2862, 2863 and 2864. Supporting Papers #Q28, Q29, Q3o and Q31.

30 William Carpenter, Thames, to Under Secretary Native Department, 23 July 1879. Maori Affairs Head Office file MLP 1880/595 (Schedule). Supporting Papers #B28.1.

31 Referred to in Hamilton Land Registry Certificate of Title 21/17. Supporting Papers #P6.

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TAUTAHANGA

CREATED 10 January 1873

Hauraki Minute Book 8 page 188

AREA 1231 acres

PLAN Hamilton Maori Land plan 2617

Investigation of Title

Application for investigation of the title to Tautahanga was made in September 1872 by Maraia Tiki, Wheki Te Rongotu, and Ruihana Kawhero, of Ngati Karaua.1

The survey plan for Tautahanga was completed by Edward Tole in November 1872, and had not been approved by the Inspector of Surveys before the Court hearing commenced.2

Investigation of the title to Tautahanga was carried out together with an investigation of the Hikutaia, Whangamata and Whitipirorua blocks in November and December 2872.

The Court in January 1873 awarded Tautahanga to Hone Mahia, Riria Karepe, Ruihana Kawhero and Anaru Pahapaha. There were to be no restrictions on alienation. Title was to be issued once the survey plan had been approved.3

Sale of Interests

By a deed dated December 1873, Riria Karepe, Ruihana Kawhero and Anaru Pahapaha sold their interests in the block to the other owner, Hone Mahia, for £200.4 William Young was the interpreter. Benjamin Gilmer was one of the witnesses.

Comments made in 1877 (see below) suggest that one of the three owners who signed the deed did not do so until that time. The deed seems to have been kept together with a deed of transfer by Hone Mahia to the Crown (see below), until all matters relating to both were completed. Only then were they both forwarded to the Trust Commissioner for his certification.

The transfer to Hone Mahia was certified by the Trust Commissioner in February 1879.

Sale to the Crown

Hone Mahia sold Tautahanga to the Crown in April 1874 for £3o7-15-od.5 James Mackay was the land purchase officer, and George Wilkinson the interpreter.

1 Application for Investigation of Title, 18 September 1872. Maori Land Court Hamilton Block Orders file H166. Supporting Papers #K30.1.

2 Hamilton Maori Land plan 2617. Supporting Papers #N61.

3 Hauraki Minute Book 8 page 188. Supporting Papers #J14.26. Order of the Court, 10 January 1873. Maori Land Court Hamilton Block Orders file H166. Supporting Papers #K30.2.

4 Hamilton Land Registry Transfer 246. Supporting Papers #Q23.

Copy of Transfer in Auckland Deed 584. Supporting Papers #A61.

5 Auckland Deed 584. Supporting Papers #A61. Hamilton Land Registry Transfer 2147.

Supporting Papers #Q24.

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In 1877 the deed of transfer had apparently gone astray. The history of the document up to that time was recorded in a letter to JW Preece, the land purchase officer at Auckland.

The Deed was received in [the Native Office, Wellington] on the 22nd September 1874 from Mr Mackay under cover of letter dated Auckland 19 September 1874. In the letter Mr Mackay notes, "advisable to return the deed to the Land Registry Office here to complete the title".
On the 3oth September the Deed was returned to Mr Mackay under cover of letter signed JNH St John for registration.
By letter from Major Green dated znd February 1875 forwarding deeds to the Under Secretary Native Office, he (Green) notes "with reference to the remainder, including Tautahanga, they will be registered in a few days and forwarded to Wellington".
In a letter from Major Green dated 1 May 1875, No fox, he notes "Mr Mackay thinks the deed for Tautahanga was sent to Native Office. The Crown Grant is now in Registry Office and it would be advisable to have the Deed registered without delay. ..."
On 12th May 1875 Major Green telegraphs, No 305, "Tautahanga deed received from Mackay's office yesterday."
On 31st January 1877 Major Green telegraphs, No 5o, "Re Tautahanga deed, Mackay cannot find the Deed, he took it from my office to complete and has mislaid it."
Mr Mackay was telegraphed to about this on 13 March 1877 and 24 April 1877. No reply has been received.

From this you will see that the Deed was at Wellington zz September 1874, was returned to Mr Mackay 3o September 1874, was with Major Green 12 May 1875. In all probability it reached Major Green for registration. Nothing seems clear about it after this. Will you look into the matter and if found have it registered and sent to this office with the Crown Grant. I think it was told me that the conveyance was not completed, a succession matter required looking into.6

Preece replied that

I have made enquiry of the Trust Commissioner and Major Green, and am unable to get any definite information respecting [the deed] excepting that Major Green states the Tautahanga original deed signed by all the owners has been lost and that a second deed has been signed by all but one native who declines to sign, and that the deed is in Mr Mackay's possession. I do not see how it is possible for any other person than Mr Mackay to find where the deeds are, seeing they relate to matters which he has had in hand and still continues to have, the only means of finding them is to search among his papers which can be done by no one but himself or someone in his employ. I have no doubt Mr Mackay will, if requested, institute such a search as soon as he can.7

The Crown in May 1878 notified that monies had been paid for interests in the Tautahanga Block, and that purchase of the block was being negotiated by the Government.8

The deed was apparently located, as the transfer was certified on it by the Trust Commissioner in February 1879.9

The purchase of the block by the Crown was notified later that month.10

6 Accountant Native Office to Land Purchase Officer Auckland, 22 June 1877. Maori Affairs Head Office file MLP 1879/43. Supporting Papers #1322.1–2.

7 Land Purchase Officer Auckland to Under Secretary Native Office, 7 July 1877. Maori Affairs Head Office file MLP 1879/43. Supporting Papers #B22.3–4.

8 New Zealand Gazette 1878 pages 600–608, at page 608. Supporting Papers #W111–9.

9 Trust Commissioner Auckland to Under Secretary Native Office, 6 February 1879. Maori Affairs Head Office file MLP 1879/43. Supporting Papers #B22.6. Auckland Deed 584. Supporting Papers #A61.

Hamilton Land Registry Transfer 2147. Supporting Papers #Q24.

10 New Zealand Gazette 1879 pages 292–293. Supporting Papers #W12.3–4.

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to be made, and the dispute as to title is to be submitted for the decision of the Native Land Court. The survey is to be a first charge on the land, and the successful party or parties are to sell the land to the Crown. The rate per acre has not as yet been fixed, but I would consider it as fairly worth 3/- per acre, including the cost of survey. I have paid a deposit on this block to the extent of £75.2

Investigation of Title

An initial survey, made at the request of Matiu Paraki Te Tamahere and party of Ngatipu by WL Buseke, was completed in September 1872, but does not appear to have been approved.3 The area of the block on this plan was 62,400 acres, which is substantially larger than the block later turned out to be, so it may not have been approved because it overlapped other blocks and other claims.

A later plan, also for Ngatipu, but including both Whangamata and Hikutaia blocks, was also prepared.4

A third plan, which became the basis for the Court's consideration and decisions, was also prepared.5

It is not clear which of these surveys was being referred to, but in September 1872 the Native Agent at Thames, EW Puckey, telegraphed that

Te Hira and armed party obstruct survey Whangamata block, which Mackay is in treaty for. Survey stopped else force would have been used by natives. Instruments seized by other natives sympathising with Hira, and brought to my office just now. Ngatimaru and myself writing to Hira, who is at present between Tairua and Whangamata, cautioning him against rash proceedings. Will inform you at once of any further movement, which is however improbable unless survey be persisted in. Mackay concurs in advisableness of not attempting further survey for presents.6

Whangamata 6 was surveyed separately.7

The Court in November and December 1872 held a long hearing to consider claims and counter claims to both Whangamata and Hikutaia blocks.8

The judgement of the Court was given in December 1872. The Court minute book contains what appears to be a press report of the judgement.

There must have been between two and three hundred natives present to hear the decision of the court. His Honour [ Judge Munro] gave his judgement in Maori, entering at length into the questions raised in the evidence.

To enable our readers to understand the present position, we may state the claimants for the land were Matiu Te Pamahue and others of the Ngati Pu tribe, who were represented in the Court by Mr Mackay and Mr Preece. Their claim was opposed by the Ngati Tamatera and Ngati Hako,

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

3 Hamilton Maori Land plan 2583. Supporting Papers #N54.

4 Hamilton Maori Land plan 2612–3. Supporting Papers #N59.

5 Hamilton Maori Land plan 3033–9. Supporting Papers #N109.

6 Telegram Native Agent Thames to Under Secretary Native Department, 4 September 1872. Maori Affairs Head Office file MLP 1873/41. Supporting Papers #B4.1–3. B4.1–3.

7 Hamilton Maori Land plan 3836. Supporting Papers #N155.

8 Hauraki Minute Book 6 pages 469–470, Hauraki Minute Book 7 pages 227–456, and Hauraki Minute Book 8 pages 1–163 and 170–187.

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the Ngati Whanaunga and Ngati Karaua who were represented by Mr E Tole, Mr JC Young, Mr GT Wilkinson, Mohi Mangakahia and others. The claim of Ngati Pu was an exclusive one, while the counter claimants recognised the claim of the Ngati Pu to certain pieces, amounting probably to about 4000 acres in all, which they acknowledged they were entitled to by virtue of the marriage of an ancestor of the Ngati Pu with a woman of the dominant tribes. Each party gave evidence as to ancestry, and each claimed the land because their ancestor had conquered the previous possessors. Anyone wishing to draw up a pre-pakeha history of the peninsula would have ample material in the evidence laid before the Court, but, as with our own British history, he would be sorely puzzled to distinguish between truth and fiction. The ancestors of all the claimants and counter claimants "came over with the conqueror", or rather with the conquerors, and one ... circumstantially related conquests which the other had never heard of.

In his judgement, His Honour stated that he had not paid much attention to the ancestral part of the evidence, but had given weight to the evidence of residence placed before him. In particular he placed stress upon the evidence of Maraea Tiki, an old woman, who had been born and grown up on Whangamata. The area of the block was 70,000 acres, and of this Mr Mackay at the commencement of the proceedings gave up all claim to 10,000, leaving his claim about 60,000 acres. The judgement gives to the Ngati Tamatera and Ngatihako a strip on the southern boundary of the block, the Ngati Whanaunga get the Omahu portion on the northern boundary, the remainder is divided between the Ngatikaraua and Ngatipu, each of these tribes getting the piece upon which their cultivations were at Hikutaia and Whangamata. It is difficult to state the acreage with any approach to exactness, but probably the Ngatipu claimants have been awarded about 18,000 acres out of the 60,000 claimed.9

Whangamata 1, being the northern portion of the block, was awarded to Ngati Whanaunga. 10 persons were put on the certificate of title.10 There were no restrictions on alienation. Whangamata 2 and 5 (along with Hikutaia 3, Whitipirorua and Tautahanga) were awarded to Ngati Karaua and Ngati Matau. 10 persons were put on the certificate of title for

Whangamata 2.11 10 persons were put on the certificate of title for Whangamata 5, and a further 53 persons were registered under Section 17 Native Land Act 1867.12 Whangamata 2

was subject to restrictions on alienation, while there were no restrictions on the alienation of Whangamata 5.

Whangamata 3 and 4 (along with Hikutaia 1 and 2) were awarded to Ngati Pu. For both blocks 10 persons went on the certificate of title and a further 24 persons were registered under Section 17 Native Land Act 1867.13 Whangamata 3 was not subject to any restrictions on alienation, while Whangamata 4 was made inalienable.

Whangamata 6 (along with Hikutaia 4) was awarded to Ngati Tamatera and Ngati Hako. persons went on the certificate of title, and a further 41 persons were registered on the certificate of title.14 There were no restrictions on alienation.

The title for Whangamata 1 showed that the block included the adjoining Papamaire Island in Whangamata Harbour, while the title for Whangamata 4 showed that it included the adjoining Hauturu, Whenuakura and Rawengaiti Islands.

9 Hauraki Minute Book 8 pages 161 and 163. Supporting Papers #J14.1–3.

10 Hauraki Minute Book 8 pages 270–272. Supporting Papers #J14.8–10. Hauraki Minute Book 8 page 187. Supporting Papers #J14.25.

12 Hauraki Minute Book 8 pages 183 and 185–187. Supporting Papers #J14.21 and 23–25.

13 Hauraki Minute Book 8 pages 173–176. Supporting Papers #J14.11–14.

14 Hauraki Minute Book 8 pages 180–181. Supporting Papers #J14.18–19.

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Attempted Removal of Proclamation over Whangamata 2

Whangamata 2 and other blocks were affected by the Proclamation issued in October 1872 under the Immigration and Public Works Act Amendment Act 1871 preventing private

dealings with the land for z years because the Government was negotiating its purchase.31

In February 1873, one month after Whangamata 2 had passed through the Court, Hone Mahia telegraphed on behalf of all the owners to Donald McLean, the Native Minister.

We the people of Whangamata No 2, which block was adjudicated on by the Native Land Court on the loth day of January, awarded to us, and brought under the Native Land Act, which disallows the sale thereof, send you this application, viz, to remove (untie) the Section of the Act set forth in the Proclamation of the loth day of October 1872. The said block is the only piece of land we want you to release, so as not to have it included in the said Proclamation. The reason why we make the application to have the block released is because it is of no consequence to us now, as there are two restrictions set upon it, one by yourself and the other by the Court. Consequently all authority to deal with it has been taken by you. Do you therefore grant us our request. We are agreeable to the directions of the Court.32

The Minister wanted more information, and the Native Office in Thames was asked to obtain it. EH Power of that Office replied that

Hone Mahia, alias John Davis (a half caste) is absent up country, unable to question him as to his wants. Ought to have expressed himself in English. He wishes Proclamation by Governor in Gazette 51, 2872, cancelled. He has negotiated with Kawhero, Taiporutu and others for lease of Whangamata No 2 which is included under said Proclamation.33

The following day Hone Mahia telegraphed from Thames.

I have seen Power at Mr Puckey's office with the object of having the restrictions taken off our land to enable us to lease some of the land to the pakeha, for we are unable to do so as the Proclamation placing restrictions on the same is still in force.34

Power sent another telegram the next day, in explanation of Hone Mahia's request.

Epitome of Hone Mahia's telegram. He is related to Ngatiwananga [sic] tribe. Being leading party in sale of Whangamata and Hikutaia blocks sold to Government. That in Proclamation of Goldfield, Mr McLean ought to be careful not to exceed south boundary, namely Kurere on Waihou (one mile and half south of Hikutaia) and Papiri on east coast (between Mataora and Otahu), that south of said boundary belongs to Ngatitamatera (Te Hira). That Te Hira was angry that land on north side was sold, but that if the Proclamation was adjourned for one month Te Hira would have time to allow such boundary to be substantiated. That the Hauhaus guard the boundary against the encroachment of miners. That he advised Government to strictly prohibit miners from exceeding this limit, and see that the native agreement is faithfully carried out. His object in suggesting this course is that he might not be blamed by Te Hira should trouble arise. A meeting on above question is being held at Ohinemuri which will last until tomorrow. All the chiefs of Hauraki are there.35

31 New Zealand Gazette 1872 page 763. Supporting Papers #W5.2.

32 Telegram, Hone Mahia, Grahamstown, to Native Minister, 3 February 1873. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #1372.1–4.

33 Telegram EH Power, Grahamstown, to Under Secretary Native Department, 11 February 1873. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.5.

34 Telegram Hone Mahia, Grahamstown, to Native Minister, 12 February 1873. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.6–7.

35 Telegram EH Power, Grahamstown, to Under Secretary Native Department, 12 February 1873. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.8–9.

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In March 1873, Puckey, Native Agent at Thames, provided a short report to the Civil Commissioner at Auckland.

What Hone Mahia ( John Davis) wants is that the Proclamation of the loth of October 1872 may be rescinded insofar as it affects such portion of the Thames district as is contained within the boundaries of [Whangamata 2]. The block in question is inalienable except by lease for any period not exceeding twenty one years. The object the writers have in view is to cut up a portion of the land lying near the Harbour into a township which would then be leased.

As the land is already inalienable except as above mentioned, I do not think it would matter very much if the course desired were adopted.36

The Civil Commissioner agreed,37 and the Minister approved removal of the Proclamation over the block.38

However, when it was found that no plan of Whangamata 2 had been prepared following the

awarding of title by the Native Land Court, and therefore the Proclamation could not properly define the block, it was not possible to complete and notify the Proclamation.39 The plan had apparently still not been prepared when the Proclamation lapsed in October 1874

after its two years in operation.

Crown Purchase of Whangamata 2

In August 1886 WG Young forwarded to the Government letters from some of the Maori owners seeking the removal of restrictions on the alienation of Whangamata 2, with a view to offering the block for sale to the Crown. The letters were written by Anaru Pahapaha, Ruihana Kawhero and others.

This is an application of ours requesting that the restriction may be removed from our land, Whangamata No 2, 5487 acres, so that we may be enabled to sell it to the Government. We do not care much for that land, and do not live on it. We have a considerable quantity of land at Coromandel and other places to live on. On these grounds we ask that the restrictions may be removed.40

This is to inform you of our desire to sell to the Government our land Whangamata No 2, containing 5487 acres. We have applied for the removal of the restrictions, so that we may be able to sell that block. That place would make a very good harbour for ships. It contains the only harbour there and is close to some Crown lands and to the auriferous district. If the Government are willing to purchase the land, we can together arrange the price. There are two other blocks in the same district which we would also like to sell; there are no restrictions on these blocks, which are [Whangamata 6], 7401 acres, and [Hikutaia 4], 3350 acres, [which with Whangamata 2 are] amounting altogether to 16,000 acres.41

36 Native Agent Thames to Civil Commissioner Auckland, 4 March 1873. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.10–11.

97 Civil Commissioner Auckland to Native Minister, 7 March 1873, and Civil Commissioner Auckland to Under Secretary Native Department, 31 March 1873, on Native Agent Thames to Civil Commissioner Auckland, 4 March 1873. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.10–11.

38 Under Secretary Native Department to Native Minister, 13 April 1873, approved by Native Minister 16 April 1873. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.12–13.

39 Draft Proclamation, undated. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.14–16.

40 Anaru Pahapaha, Ruihana Kawhero and others, Tikouma, 20 August 1886. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.17–I8.

41 Anaru Pahapaha, Ruihana Kawhero and others, Tikouma, 20 August 1886. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.19–20.

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Wilkinson reported on the offer in November 1886, but the Under Secretary recommended that "the proposal ... be not entertained at present."42 The Minister agreed.

In August 1887 Wilkinson forwarded a letter from Hone Mahia offering Whangamata 2 to the Crown. He reported that

Hone Mahia (Mr John Davis, half caste), at present living at Hangatiki near Otorohanga proposes to sell to the Crown. The land ... has a valuable frontage to the Whangamata Harbour. When this block with others in the vicinity passed the Court in 1873, it was intended that this

one should be retained as a permanent reserve for the Ngatikaraua and Ngatiwhanaunga tribes, and I think, but I may be wrong, that the 10 grantees were put in the Grant to represent other owners as well as themselves. ... I may state that, so far as I know, Mr Davis (Hone Mahia) is the only grantee who desires to sell the lands. He says in his letter that nearly all wish to sell, but he does not show any communication from them to him to that effect. To my knowledge he has not seen his co-grantees for some years, as they live in the Hauraki district and he has been living in the Waikato for some years. One of the grantees is his mother, and one (dead) was his grandmother.43

Wilkinson was asked to approach the other owners about selling.44 He reported back in October 1887 that

When I was at Paeroa lately, I saw two of the owners of this block, viz, Riria Karepe and Tukukino. The former is willing to sell, the latter would not say that he was willing, but, from what he did say, I anticipate that, if the others sold, so also would he. Most of the other owners (excepting Hone Mahia who is anxious to sell) live in the Mercury Bay district, and there is one (Hemi Wa) who lives near Whangarei. I am of opinion that a majority of them would sell.45

Wilkinson added later that month that

I hear that gold has been discovered on the Native land adjoining, and that the reef extends into Whangamata No 2. Claims have been pegged out on the former.46

However the Under Secretary of the Native Department felt that

there would be no reasonable prospect of concluding this purchase within a short time. I consider it had better stand over for the present.47

In May 1888 further information about the gold discoveries apparently came to hand, and the Native Minister instructed that the Maori owners be communicated with to see whether they would sell the block to the Crown, or alternatively cede the mining rights and allow the block to be proclaimed a goldfield.48 Charles Dearle, Clerk to the Mining Warden's Court at Thames, was asked to see if the owners

42 Under Secretary Native Department to Native Minister, 12 November 1886, on cover sheet to file NLP 1886/451. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.21.

43 Native Agent Alexandra to Under Secretary Native Department, 5 August 1887. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.22–25.

44 Under Secretary Native Department to Native Agent Thames, 26 August 1887. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #1372.26–27.

45 Native Agent Thames to Under Secretary Native Department, 13 October 1887, on Under Secretary Native Department to Native Agent Thames, 26 August 1887. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.26–27.

46 Telegram Native Agent Alexandra to Under Secretary Native Department, 31 October 1887, on cover sheet to file NLP 1887/324. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.28–29.

47 Under Secretary Native Department to Native Minister, 1 November 1887, on cover sheet to file NLP 1887/324. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.28–29.

48 Native Minister to Under Secretary Native Land Purchase Department, 4 May 1888. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.30–31.

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are disposed to sell the block to the Crown on reasonable terms. Do not incur any expense in making inquiry, which is merely preliminary. Failing purchase, would they readily consent to Proclamation of block as a Goldfield on usual conditions? Please treat this as confidential and send information as soon as possible.49

At some stage about this time a deed of cession of mining rights was drafted up.5° However there is no indication that it was forwarded to Thames for discussion with the owners. At the end of May, Charles Dearle reported on the block.

Owing to the scattered nature of the residences of the owners (of whom there are ten, one residing at Whangamata, one at Kupata, Thames, six in different parts of the Coromandel district, Riria Karepe is dead, no successor yet appointed, her son and proper successor Takerei Te Putu resides at Hoe O Tainui, Piako), I have not been able to make personal enquiry from any of them, but from my own knowledge of their surroundings and circumstances, I have no doubt but that the majority of the owners would be willing to sell at a reasonable rate, say from 7/- to io/- per acre. Hone Mahia, a half caste ( John Davis), residing at Whangamata would be the most difficult to deal with, unless he were first consulted about the matter of purchase, he is living on or near the land and conversant with what is going on in regard to goldmining in this locality, and who had command of three shares, namely his own, Mere and Hera Kaimanu's.

I think the best course to pursue would be to consult John Davis in this matter, as I think he has the confidence of the other grantees, and see if some reasonable arrangement for purchase of the block could not be arrived at; failing any satisfactory arrangement with him, you might then try and deal independently with the others, but I think by securing Davis' services and making him a fair allowance for same, that a satisfactory issue could be arrived at.

If the purchase could not be completed, I see no difficulty in the way and feel satisfied that the owners of the land will allow the Goldfields Acts and Regulations at present in force in the Hauraki District to be in force over this block. I presume an agreement would have to be signed by the Natives; this would entail a larger expense than usual owing to the scattered nature of the abodes of the owners.51

However the Native Minister instructed that the matter be allowed to "stand over for the present."52

By September 1888 the situation must have changed, as a land purchase officer was instructed [Whangamata 2], upon which gold has been found and mining at present taking place, does not appear to be within the portion of the goldfields covered by any agreement with the Natives, and

it is desirable that it should be purchased by the Crown if a purchase can be effected upon reasonable terms, or failing that the usual agreement for mining should be made with the Natives. ...

What is desired is that you should see the owners and ascertain whether they are willing to sell, and the price, and report on the subject as soon as possible. I shall be in Auckland shortly myself, and probably by that time you will have obtained sufficient information to enable it to be decided whether the land shall be acquired by purchase, or what is best otherwise to be done, and we can confer personally on the subject. You will have to be very careful in your negotiations

49 Telegram Under Secretary Native Department to Clerk Warden's Court Te Aroha, 17 May 1888. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.32.

50 Draft Deed of Cession, unsigned and undated. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.23.

51 CJ Dearle, Thames, to Under Secretary Native Land Purchase Department, 31 May 1888. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.34–36.

52 Native Minister to Under Secretary Native Department, 11 June 1888, on cover sheet to file NLP 1888/134. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.37.

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and inquiries not to raise the cupidity of the Natives or give them an exaggerated idea of the value of their land.53

The land purchase officer reported the following month that

I find that four of the grantees are dead. The interests of three of the survivors can be acquired at a reasonable price. One of these is living at present at Mangakahia north of Whangarei, another at Mercury Bay, and the third at Manaia. There will be some difficulty in dealing with the others who are connected with Hone Mahia and to some extent under his influence, unless special arrangements are made with him, but he demands five hundred pounds as price of his interest and for assistance in acquiring block. I have procured applications to succeed deceased owners, and from enquiries made as to probable successors am afraid that Hone Mahia will exercise some influence over them. Think that if possible his cooperation should be secured before purchase is gone on with. He is short of money and will probably moderate his demands soon. If you are not coming to Auckland this week, will you please instruct me either to go on with purchase in defiance of Hone Mahia, or say what terms you will authorise me to offer for his assistance in acquiring block. Neither he nor his mother will sign mining lease, but I dare say the others would.54

One uncertainty which had been raised was that the 10 grantees were to hold the block in trust for Ngati Karaua and Ngati Whanaunga, rather than regard the block as their own to sell. A suggestion was made that the block should be brought under the provisions of the Equitable Owners Act, so that relative interests of the owners could be determined. The Under Secretary reported to the Minister that

So far as I can judge without knowing Natives personally, am inclined to think that Crown would obtain no adequate return for any money the Government might pay at present. I fear that acceding to the demands of Hone Mahia, which is evidently of the nature of blackmail, would only increase our ultimate difficulty in extinguishing the title on the whole of the block. No claim has yet been sent in for this block under Equitable Owners Act, but it is questionable whether it is advisable for the Crown to but out interests of grantees who the minutes of the Court show were intended to be trustees for other owners. I have wired to you fully as you are aware of the mining interest involved, and I should be glad of your instructions. Hone Mahia is a clever half caste.55

The Native Minister directed that

Under no circumstances should you attempt to acquire the freehold or the right to mine until such time as it can be accomplished without encountering the difficulties mentioned by you.56

In August 1889 an application for partition of Whangamata 2 had been made to the Native

Land Court, and Wilkinson was asked to report. He replied that

The applicant [for partition] is an owner, having succeeded to the interest of Anaru Pahapaha deceased (one of the original owners). The question therefore of bringing the block under the Equitable Owners Act does not apply. But what is the obstruction to the Crown purchasing the block if it is desirable to do so? The only obstruction that I am aware of is the question of price. Some of the owners have asked a large price, but that does not mean that they will not take less.

53 Under Secretary Native Department to Land Purchase Officer Butler, 21 September 1888. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.38–39.

54 Telegram Land Purchase Officer Butler, Auckland, to Under Secretary Native Department, 22 October 1888. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.40–42.

55 Telegram Under Secretary Native Department to Native Minister, date not known. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.43–44.

56 Telegram Native Minister to Under Secretary Native Land Purchase Department, 25 October 1888. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.45.

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acre has been commenced. I think that an extra payment of £8o to Hone Mahia to recoup his alleged expenses in putting the land through the Court might be authorised on condition that he assists Mr Wilkinson to obtain all outstanding signatures.61

The Minister approved this extra payment.

During November Wilkinson purchased further interests, including Hone Mahia's.62 In the middle of the month, he telegraphed to Wellington that

Have received telegram from Mere Kaimanu, one of the owners in Whangamata No 2, saying she wants to see me re sale of her interest in that block. I expect to meet her in Auckland on Monday or Tuesday next. She is also a trustee for a minor who is one of two successors to Hera Kaimanu, deceased. Would it be safe for her to convey that half share also before first getting approval of a Judge of Supreme [Court] to such sale, see Section 5 Maori Real Estate Management Act 1888.63

He was told that

It will be advisable to take a conveyance of the minor's interest at once if it can be obtained, on the understanding that payment of consideration must stand over until consent of Judge is obtained.64

By the end of November 1888 all signatures except one had been obtained.65 This last owner lived at Otaki, and his signature was obtained the following month.66 The total purchase price paid was £2194-16-od. In February 1890 a Judge of the Supreme Court approved the sale of a minor's interest by a trustee.67

The Governor removed the restrictions on alienation in July 1890.68 When the transfer was about to be presented for registration, it was found that there was a caveat on the title, from someone who claimed to have leased the interests of Ruihana Kawhero and Rawiri Taiporutu in August 1885.69 The District Land Registrar was asked to give notice under Section 146. Land Transfer Act 1885 that unless proceedings were taken in the Supreme Court, the caveat would be deemed to lapse after 14 day's notice." As a result the caveat lapsed, and the transfer was registered. It was only then that Hone Mahia was paid the £8o bonus he had been promised.7'

Whangamata 2 was declared Crown Land in January 1891.72

61 Accountant Native Department to Native Minister, z November 1889, on cover sheet to file NLP 1889/328. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #1372.50.

62 Auckland Deed 1730. Supporting Papers #A199.

63 Telegram Native Agent, Te Awamutu, to Accountant Native Department, 14 November 1889. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.51-52.

64 Telegram Accountant Native Department to Native Agent Otorohanga, 14 November 1889. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.53.

65 Native Agent Alexandra to Under Secretary Native Department, 29 November 1889. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.54-58.

66 Auckland Deed 1730. Supporting Papers #A199.

67 Auckland Deed 1730. Supporting Papers #A199.

68 New Zealand Gazette 1890 page 829. Supporting Papers #W23.I.

69 Caveat, 8 October 1887, attached to Native Agent Alexandra to Under Secretary Native Department, 29 November 1889. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.54-58.

70 Under Secretary Native Department to District Land Registrar Auckland, 28 July 1890. Maori Affairs

Head Office file MLP 1891/8. Supporting Papers #B72.59.

71 Telegram Under Secretary Native Department to Native Agent Otorohanga, 12 September 1890. Maori Affairs Head Office file MLP 1891/8. Supporting Papers #B72.60.

72 New Zealand Gazette 1891 page 64. Supporting Papers #W24.1.

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Crown Purchase of Interests in Whangamata 6

In May 1886 Rihitoto Mataia offered to sell her interests in Whangamata 6 and Ohinemuri 20 to the Crown.73 The offer does not seem to have been taken up, though the reasons are unknown.

In April 1890 Wilkinson advised that

When I was at Paeroa during sitting of N.L. Court there in September and October last, I saw some of the owners of Whangamata No 6 block and they offered to sell the same to Government. As however they were only a few in number, I did not bring the matter under your notice at the time because there are 52 owners altogether of the block, and I did not think it likely that you would care to commence a purchase of that sort by buying only 2 or 3 shares as a commencement. Since then, however, other owners have spoken to me about the matter (two when I was at Thames last week) and expressed a willingness to sell, so that I believe now that a considerable number of the owners would sell if the purchase were commenced.

The block contains 7402 acres and has a frontage to the sea on the east coast. It abuts upon Whangamata No 3 and Hikutaia No 3 blocks, both of which are Crown Land. It also abuts upon Hikutaia No 4, the purchase of which by the Crown is almost complete. It is within the Thames Goldfield, but forms part of the northern boundary of the Ohinemuri Goldfield, and it is adjacent to the large area of land already acquired by the Crown within that Goldfield, the Ohinemuri No 20 block and its subdivisions only lying between.

I believe if the purchase was started at once that a number of shares could be bought at five shillings per acre.74

The Native Minister authorised purchase at 5/- an acre, and Wilkinson was advised in May 1890.75

Wilkinson purchased interests in Whangamata 6 on behalf of the Crown over the period June to August 1890.76 The purchase price was £1850–10-od for the block (i.e. 5/- an acre), less £125–6-od to pay survey costs.77

At the end of July 1895 an application for partition of Whangamata 6 was heard. At this stage the Crown had purchased 4713/36ths shares of the 51 shares in the block. The 323/36ths shares not purchased were owned by Paora Te Tiunga (I share), Rihitoto Mataia (2 shares), Mere

Tauto (1/4 share), Mihi Tiki (1/18th share) and Mingi Kihirini (1/3rd share).78

Gilbert Mair attended for the Crown. He claimed that on a pro rata basis the shares purchased by the Crown represented 6874 acres, while the non-sellers were entitled to 528 acres. Rihitoto Mataia counter claimed that the shares of the owners were not equal, because 42 of the owners had been admitted through aroha, and only 9 were the real owners. Those9 owners, one of whom was her father to whose shares she had succeeded, were entitled to a larger acreage. Another witness disputed that only 9 of the owners were real owners, arguing

73 Rihitoto Mataia to Government, 7 May 1886. Maori Affairs Head Office file MLP 1886/179A (Schedule). Supporting Papers #B60.1.

74 Land Purchase Officer Otorohanga to Under Secretary Native Department, 23 April 1890. Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.1.

75 Under Secretary Native Department to Land Purchase Officer Otorohanga, 7 May 1890, attached to cover sheet to file NLP 1890/112. Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.2–3.

76 Auckland Deed 2041. Supporting Papers #A263.

77 Telegram Under Secretary Native Department to Land Purchase Officer Otorohanga, 2 June 1890.

Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.4.

78 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, undated (probably 30 July 1895). Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.5.

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that other owners were also of Ngati Hako, but acknowledged that some persons were placed on the title through aroha.79

At this stage in the hearing Mair telegraphed to Wellington that

Rihitoto Nicholls claims much larger interest in Whangamata than other owners. Court thinks we had better arrange outside. She is entitled to 300 acres, assuming [her] interest equal, but will accept 400 acres and [will then] sell immediately to the Crown. I think this is better than cutting out best portion where her house and cultivation are. If you do not consider this advisable, case will have to be adjourned. Court rises today. Please instruct, urgent.80

He was told

Don't make any arrangement with Rihitoto beyond equal shares. Perhaps you had better ask for adjournment until Mr Wilkinson can come to Court. He will probably be able to show that she is not entitled to even equal shares. She is a bounce.81

Mair then reached an agreement with all the non-sellers other than Rihitoto Mataia. Under

this agreement a part of the block in the south east corner of 181 acres 1 rood was to be awarded to Paora Tiunga (145 acres) and Mere Tauto (36 acres 1 rood), while a portion of

56 acres 2 roods on the northern boundary, on both sides of the Waiharakeke Stream, was to be awarded to Te Mingi Kihirini (48 acres 2 roods) and Mihitiki Te Piau (8 acres). Provisional orders on these terms were made by the Court. However no agreement could be reached with

Rihitoto Mataia, despite a further adjournment to the end of the day. The Court then decided that the evidence given to it supported Rihitoto's claim, and it awarded an extra half

share (worth 75 acres) to her.82 The case was then adjourned to Auckland. The following day Mair telegraphed again.

Rihitoto demands judgement, and I did not oppose, feeling quite sure we would get no better terms. The Court considered she was entitled to more than the other grantees on account of parents' rank and awarded her 75 acres extra, making 365 acres, which she offers to sell at five shillings per acre. Court has reserved final judgement till Tuesday next at Auckland, in case Government decide to purchase Rihitoto's share. I can obtain her signature before then, and on production of deed at Auckland, Court will make one order in favour of Crown for 7169 acres, which with the 233 acres cut off for the non-sellers makes up 7402 acres. Do you approve of this arrangement? If so I will pay her at once.83

Mair was told not to purchase Rihitoto Mataia's interest, and instead to lodge an appeal against the Court's decision granting her extra area.84

Wilkinson had the opportunity to view this correspondence, and he commented that

It looks very like as if Rihitoto Mataia has been trying the same game on with Captain Mair that she tried on with me in connection with Hikutaia No 4 in 1890. Unless there is something in the Court's minute book that points to old Mataia having a better claim than any of the other owners, I should look upon any claim of that kind made now by his daughter (Te Rihitoto) as

79 Hauraki Minute Book 37 pages 142–146. Supporting Papers #44.12–16.

80 Telegram Land Purchase Officer Thames to Chief Land Purchase Officer, 1 August 1895. Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.6–7.

81 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, undated (probably 1 August 1895). Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.8.

82 Hauraki Minute Book 37 pages 152–153 and 156. Supporting Papers #J44.20–21 and 22.

83 Telegram Land Purchase Officer Thames to Chief Land Purchase Officer, 2 August 1895. Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.9–12.

84 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 2 August 1895. Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.13.

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simply a 'try-on'. I was not aware that she had any house and cultivation on the block. If she has,

I believe it has only been since the block has been under purchase by Government. Neither do I think she has been living there herself, but has probably put someone there to 'keep it warm' for her.

With regard to her parents' rank, there are several amongst the original owners who were of equal if not superior rank to old Mataia, to wit Tukukino, Rapata Te Arakai, Pereniki Kokako etc, and, insofar as special ownership to that particular block is concerned, I think that Rawiri Taiporutu, Ruihana Kawhero, Karaitiana Kihau and others of the Ngatikaraua tribe have an equal if not better right than Mataia.

Then again there is the fact that if Mataia had such an important ancestral claim, his own brother (same father and mother) Pere Mataia must have had a similar one.

If Rihitoto has really a house and cultivation on the land, in all probability it is in the best part of the block, in which case it would be a question of whether, if she gets her interest cut out there, she should not get less area than what is represented by an equal full share, seeing that she is getting it in a choice place (if she is).

If the application for partition was by the Crown, whoever was the judge who allowed Te Rihitoto to demand a judgement, and get it?

I should like to know what Te Rihitoto bases her claim on for a larger area than anyone else. Does she claim that her father, with some others of Ngatitaharua and N' Karaua hapus, have a larger claim than some of the members of Ngatihako who are amongst the owners, and on the strength of that does she claim that the area would be larger than if all the shares were accounted equal? Or does she admit that all the other shares are equal except that of her father, which is a large one?85

Between the date of the definition of the Crown's interest, and the date of the rehearing sought by the Crown, 2 further interests, of Te Mingi Kihirini and Mihi Tiki, were purchased.

The Crown's appeal was heard in September 1896. The Crown presented no fresh evidence, but Rihitoto Mataia presented supporting evidence for her right to be awarded an additional

acreage. The Court decided that "the Crown has suffered no injustice by the award appealed from, and therefore confirm it."86 It then awarded the Crown 6799 acres 1 rood, and the non-

sellers 602 acres 3 roods. The non-sellers' award was split into three parcels.87 Mair reported after the hearing that

Abundant evidence was quoted from that taken at the hearing of this and other blocks at former Courts to satisfy the Judges that Rihitoto Mataia was fully entitled to the 75 acres in excess, awarded to her on the first hearing. Indeed, had she applied for the rehearing, the probability is she would have received much more. As, however, she had seemed satisfied with the area awarded, the Court could not well give her more, but simply confirmed the original judgement which gave her a total of 365 acres. At that time she was willing to sell her whole interest to the Crown at the same rate as was paid to the other owners, but now she insisted upon retaining her interest. The Court awarded Her Majesty 6799.1.00 acres, but would not include in it the 48.2.00 acres purchased from Te Mingi Kihirini subsequent to the decision appealed against. The Court stated that the Native Land Purchase Department had formerly objected to the Court partitioning the residue of a block among the non-sellers, and refused to allocate their interests beyond excluding them in three portions from that awarded to the Crown. Hereto I attach a sketch showing the portion of the areas claimed by the non-sellers, but these will have to be

85 Land Purchase Officer Otorohanga to Chief Land Purchase Officer, 12 August 1895. Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.14–15.

86 Hauraki Minute Book 41 pages 222–229. Supporting Papers #J48.36–43.

87 Hauraki Minute Book 41 pages 229–231. Supporting Papers #J48.43–45.

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confirmed to them by application for partition in the usual way, and a further application from the Crown will be necessary to obtain an award of the 48.2.00 acres purchased from Te Mingi K. as reported formerly. I gave an undertaking that 5 acres would be re-conveyed to Te Aowhakatere Ngaone, she having returned a portion of the purchase money in order to secure this burial place.88

In January 1897, the Court considered which non-sellers should be placed in which of the three parcels of land awarded to them. This was because the awards made in August 1895 had been provisional only, and had not been made final. The Court's awards were:

Whangamata 6B1, 365 acres Rihitoto Mataia solely

Whangamata 6B2, 56 acs 2 r Te Mingi Kihirini and Mihi Tiki

Whangamata 6B3, 181 acs 1 r Paora Tiunga and Mere Tauto89

Because the owners of Whangamata 6B2 had sold their interests in the parent block to the Crown, this subdivision was awarded to the Crown.90

Whangamata 6A and 6B2 were declared Crown Land in October 1897.91

Whangamata 6B1 and 6B3 remained in Maori ownership.

The five acre urupa site for Te Aowhakatere Ngaone was left undecided. Mair had promised in purchasing her interest

to recommend to the Hon the Minister of Lands to direct that five acres of land shall be reconveyed to the said Aowhakatere Ngaone, the said reserve to be laid out at or near Whiritoa on the sea coast so as to include the graves of her father and other relatives who are buried there.92

Te Aowhakatere had received £11–5–6d for her share, but had returned £1–5–6d as payment for the 5 acre reserve.93

The Chief Land Purchase Officer reprimanded Mair after the undertaking he had given was brought to his attention in October 1896.

The survey of the 5 acres reserve will have to stand over for the present, unless the Native interested is prepared to pay the surveyor. If you had consulted me beforehand I would have instructed you not to purchase anything less than the full interest.94

Whangamata 1 Reserves

The 200 acre reserve for Hone Mahia was sold by him to Henry Alley in December 1873 for £60.95

88 Land Purchase Officer Thames to Chief Land Purchase Officer, 2 October 1896. Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.16–19.

89 Hauraki Minute Book 43 pages 62–63 and 88-89. Supporting Papers #J50.5–6 and 8–9.

90 Hauraki Minute Book 44 page 19. Supporting Papers #J51.1.

91 New Zealand Gazette 1897 pages 1747–1749. Supporting Papers #W30.2–4.

92 Undertaking by Land Purchase Officer Thames, 4 February 1895, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 2 October 1896. Maori Affairs Head Office file MLP 1868/21. Supporting Papers #B120.16–19.

93 Undertaking by Land Purchase Officer Thames, 4 February 1895, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 2 October 1896. Maori Affairs Head Office file MLP 1898/21. Supporting Papers #B120.16–19.

94 Chief Land Purchase Officer to Land Purchase Officer Thames, 19 October 1896. Maori Affairs Head

Office file MLP 1898/21. Supporting Papers #B120.20.

95 Hamilton Land Registry Transfer 1957. Supporting Papers #Q18.

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The 100 acre reserve for Hori Ngakapa Whanaunga was known as North Eastern Portion of

Whangamata 1. It was also known as Otuheti. It was surveyed by EF Tole, and in May 1885 a Crown Grant was issued under Section 5 Volunteers and Other Lands Act 1877.96

In March 1895 Hod Ngakapa offered the 100 acre reserve to the Crown at 7/6d an acre.97 In forwarding this offer Mair commented that

The writer is an old man and can give me no clear idea as to which block at Whangamata he means. He says the land lies between Whangamata Harbour and Wharekawa, that his own share is 100 acres, that it is known by the name of Otuheti.98

The Registrar of the Native Land Court provided details about the reserve.

It was granted to Hori Ngakapa Whanaunga under the Volunteers and Others Land Act 1867. Date of Grant, 15th May 1885. The land is inalienable except with the consent of the Governor by sale or mortgage or by lease for a longer period than 21 years. There are no dealings registered against the title. The fees due on it are £1–10–4d.99

The Commissioner of Crown Lands was asked to help determine the value of the reserve. He reported that

It contains too acres. Soil of very poor quality, but it is well situated for a fishing station and worth purchasing. There are no Maoris on the ground, but judging by appearances they have been living there occasionally. Quite recently the Maoris caught moo snapper at one haul of the net close to this place. I think the Government might pay 5/- per acre to the Native Owners, as I expect that it will sell at about 10/-, not on account of its quality, but on account of its very favourable position.100

Before this advice was received, James Mackay had also advised the Crown, in April 2895, that the reserve was for sale, and had offered it on behalf of the owner for 10/- an acre. He described the reserve as "of good quality, and was specially selected by me for Ngakapa Whanaunga. "101 In forwarding this letter to Wellington, Mair added that

I know the land and it is one of the best sites on the Whangamata Harbour. ... The old man is in danger of being sent to jail for non-payment of a judgement summons, and is anxious to know whether Government will entertain his offer.102

In August 1895 Hori Ngakapa Whanaunga telegraphed to Wellington his offer to sell the reserve for 10/- an acre.103 This time there was a response from Wellington, and Mair was authorised to offer 5/- an acre.104

96 Hamilton Land Registry Certificate of Title 39/28. Copy on Auckland Deed 1942.

Supporting Papers #A254.

97 Hori Ngakapa, Thames, to Land Purchase Officer Thames, 6 March 1895. Maori Affairs Head Office file MLP 1895/382. Supporting Papers #B105.1–2.

98 Land Purchase Officer Thames to Chief Land Purchase Officer, 7 March 1895, on Hori Ngakapa, Thames, to Land Purchase Officer Thames, 6 March 1895. Maori Affairs Head Office file MLP 1895/382. Supporting Papers #13105.1–2.

99 Registrar Native Land Court Auckland to Chief Land Purchase Officer, undated (April 1895), on cover
sheet to file NLP 1895/148. Maori Affairs Head Office file MLP 1895/382. Supporting Papers #B105.3.

100 Commissioner of Crown Lands Auckland to Surveyor General, 27 July 1895. Maori Affairs Head Office file MLP 1895/382. Supporting Papers #B105.4.

101 James Mackay, Thames, to Land Purchase Officer Thames, 26 April 1895. Maori Affairs Head Office file MLP 2895/382. Supporting Papers #B105.5–6.

102 Land Purchase Officer Thames to Chief Land Purchase Officer, 26 April 1895, attached to James Mackay, Thames, to Land Purchase Officer Thames, 26 April 1895. Maori Affairs Head Office file MLP 1895/382. Supporting Papers #B105.5–6.

103 Telegram Hori Ngakapa Whanaunga, Thames, to Chief Land Purchase Officer, 2 August 1895. Maori Affairs Head Office file MLP 1895/382. Supporting Papers #B105.7.

104 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 8 August 1895. Maori Affairs Head Office file MLP 1895/382. Supporting Papers #B105.8.

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The reserve was purchased by Mair for the Crown in August 1895 for £25 (i.e. 5/- an acre).105 The restrictions on alienation were removed by the Governor in order to enable the purchase to be completed.106

Whangamata I Reserve was declared Crown Land in 1896.107

Whangamata 4

Whangamata 4A of 167 acres was cut out of the block in August 1885, and awarded to George Simpson, a European.108 Simpson in 1890 offered the block to the Crown.109 Wilkinson commented that

The Whangamata Nos 1, 2, 3 and 5 blocks are already Crown lands, and Whangamata No 6 is now being purchased. I think, therefore, that this piece now under offer of sale should be purchased if Mr Simpson will sell at a reasonable price, which I believe he will. All the Whangamata blocks are more or less of a gold bearing nature and are within the Thames Goldfield. 8/- per acre was paid for Whangamata No 2, and 5/- per acre is being paid for Whangamata No 6. I have no idea what Mr Simpson wants for his land, but I would suggest that he be offered £50 for it, which is a trifle over 5/- per acre. That price would not prejudice the purchase of the balance of the block from the Native owners hereafter, if it was found desirable to do so, and from my knowledge of Mr Simpson (which is of many years standing), I am inclined to think he would prefer having the £50 to the 167 acres, as he is not living on it or near it.110

Simpson at this time apparently had not got a title to the land. The Native Department was

reluctant to use its funds to purchase this block, and suggested that the Mines Department might be interested,111 but this department declined because it was not definitely known if

the block was gold-bearing.

In August 1893, Charles Dearle, the part time land purchase officer at Thames, telegraphed that some owners of Whangamata 4 were willing to sell their interests for 6/- to 7/- an acre.112 The Surveyor General reported that

I do not think much of the block, and the only reason why Government should acquire it is to get rid of the Native title and so allow mining and gum digging. I could not recommend more than 1/6d an acre. I expect all the timber is off it.113

The Chief Land Purchase replied to Dearle that

The purchase of the Paeroa township has pretty well exhausted the claims of the Thames District on the Land Purchase fund for the current year. I suppose there is no use offering 1/6d per acre for Whangamata No 4.114

105 Auckland Deed 1942. Supporting Papers #A254.

106 Certificate of the Governor, 24 August 1895, on Auckland Deed 1942. Supporting Papers #A254.

107 New Zealand Gazette 1896 pages 1075–1076. Supporting Papers #w29.1–2.

108 Hauraki Minute Book 18 page 28. Copy on Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.45.

109 George Simpson, Thames, to Native Agent Otorohanga, 26 December 1890, attached to Native Agent Otorohanga to Under Secretary Native Department, 15 January 1891. Maori Affairs Head Office file MLP 3893/47. Supporting Papers #1379.1–3.

110 Native Agent Otorohanga to Under Secretary Native Department, 15 January 1891. Maori Affairs Head Office file MLP 1893/147. Supporting Papers #B79.1–3.

111 Underunder Secretary Native Department to Native Minister, 9 February 1891, on cover sheet to file NLP 1891/n. Maori Affairs Head Office file MLP 1893/147. Supporting Papers #B79.4–5.

112 Telegram CJ Dearle, Thames, to Chief Land Purchase Officer, 29 August 1893. Maori Affairs Head Office file MLP 1893/47. Supporting Papers #B79.6.

113 Surveyor General to Chief Land Purchase Officer, II October 1893, on cover sheet to file NLP 1893/47. Maori Affairs Head Office file MLP 1893/147. Supporting Papers #B79.7–8.

114 Chief Land Purchase Officer to CJ Dearle, 12 October 1893, on cover sheet to file NLP 1893/147.

Maori Affairs Head Office file MLP 1893/147. Supporting Papers #B79.7–8.

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Dearle responded that

This block if anything I consider better than the Whangamata No 6, for which the Government are paying 5/- per acre. It is useless me attempting to offer the owners the price named by [the Surveyor General], viz, 1/6d per acre.115

In March 1897 the Chief Land Purchase Officer asked the land purchase officer at Thames if the owners of Whangamata 4 were inclined to sell. Mair replied that

The owners will neither cede [gold mining rights] or sell at present. They are trying to arrange with some company to work the land.116

The balance of Whangamata 4 was partitioned in October 1897 into

Whangamata 4B, 504 acres 3 roods 24 perches,

Whangamata 4C, 168 acres 1 rood 8 perches, Wikitoria Te Ngahue solely, and Whangamata 4D, 4880 acres 3 roods 8 perches, 66 owners.

Purchase by the Crown of Whangamata 4 Subdivisions

Whangamata 4B was partitioned in December 1911 into

Whangamata 4B1, 214 acres, 3 owners, and

Whangamata 4B2, 290 acres, 3 roods 24 perches, 9 owners.

In April 1913 an agent for the owners advised that

at a meeting of the native owners of the Whangamata block of 2000 acres, it was resolved by three-fourths of them to sell the land. ... The natives are looking for one pound per acre for the whole, but there is I understand a goodly portion of the land valued at from £4 to £5 per acre, so

I don't think, from what their agent says, that the owners will take less than one pound per acre.117

The Native Land Purchase Board decided that the matter should be stood over.118 The land purchase officer provided a report in May 1914.

The Government Valuations are as under:

4B1 - 214 acres - £100

4B2 - £100 3r 24p - £150

4c - 168a 1r 08p- £85

4D - 4988a 3r 14p [sic] - £3015.

All of the valuations are dated March 1913.

Many of the owners will be found to have a sufficiency of other land, but in view of recent sales in the district there is I think likely to be a difficulty in finding other land for all.

As No 4D is the largest and apparently the most valuable block, I think the best course would be for the Minister to direct the [District Maori Land] Board to summon a meeting of owners, and if a resolution is carried the purchase of the smaller areas can be taken in hand. As the owners of 4D are rather scattered, it would be rather difficult for me to obtain their views except at a meeting.119

115 CJ Dearle to Chief Land Purchase Officer, zo October 1893, on cover sheet to file NLP 1893/147. Maori Affairs Head Office file MLP 1893/147. Supporting Papers #B79.7–8.

116 Land Purchase Officer Thames to Chief Land Purchase Officer, 9 April 1897, on JM Sharp, Auckland to Mr Wilson, 24 September 1896. Maori Affairs Head Office file MLP 1893/147. Supporting Papers #B79.9–10.

117 A Bruce, Thames, to Minister of Lands, 23 April 1913. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.1.

118 Resolution of Native Land Purchase Board, 22 December 1913, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

119 Land Purchase Officer Auckland to Under Secretary Native Department, received 12 May 1914. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.2.

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This advice was accepted by the Native Land Purchase Board,120 and the Minister directed accordingly. It took a while for the District Maori Land Board to draw up a list of addresses

of the owners, and the meeting was not called until May 1915.121 At this meeting the owners of Whangamata 4D, by a majority, declined to sell the block. The land purchase officer

commented that

If it is considered advisable to acquire this block, it might be possible to do so by dealing directly with the owners individually. But the Crown's operations should be protected by Proclamation.122

However the Native Land Purchase Board, while agreeing to the issue of a Proclamation

prohibiting private dealings in the block, decided that a further meeting of owners should be called to consider selling Whangamata 4D to the Crown, and that the land purchase officer should make a point of being present.123 The Proclamation was issued in August 1915.124

The second meeting was held in December 1915, and was attended by the land purchase officer. He reported that

I succeeded in getting the resolution carried, although some of the owners voted against it. These, however, did not record memorials of dissent.

I think it will be practically impossible to satisfy the Board that all of the owners have a sufficiency of other land. I believe that there are noxious weeds on the block, and this may have been one of the reasons which actuated the Native Land Purchase Board in deciding to purchase. If this is the case, perhaps you could make representations to the Board urging confirmation of the resolution at an early date.125

While those opposed to the purchase by the Crown did not record their dissent, some of them did after the meeting apply to have their interests partitioned out so as to avoid them being sold. This action had been suggested to them by the staff of the District Maori Land Board, and the Under Secretary of the Native Department was not impressed. He wrote to the Board Registrar that

I may say that, to avoid confusion, it seems highly desirable that your Board should comply strictly with the provisions of Section 100(2) of the Native Land Amendment Act 1913 (as amended by Section 4 of the amending Act of 1915), which provide that any owners not dissenting in writing shall be deemed to have consented thereto. It is not the province of the Maori Land Board to go beyond the plain intention of the Legislature and to waive the necessity for the written dissents required by law. The giving to the objectors of a certain time within which to apply for partition seems quite irregular in such cases where no dissents have been filed. Any prospective hardships on the Natives in such matters can easily be obviated if the Boards will have a few simple forms of dissent drawn up and ready at each meeting of assembled owners for signature by those objecting to alienation.

120 Resolution of Native Land Purchase Board, undated, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

121 New Zealand Gazette 1915 page 1679. Supporting Papers #W47.2.

122 Land Purchase Officer Auckland to Under Secretary Native Department, 6 August 1915. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.3.

123 Resolution of Native Land Purchase Board, undated, referred to on cover sheet to file NLP 1913/107 , and 25 August 1915. Maori Affairs Under Secretary Native Department to Land Purchase Officer Auckland, Head Office file MLP 1913/107. Supporting Papers #B164.42–44 and 4.

124 New Zealand Gazette 1915 pages 3097–3098. Supporting Papers #W47.6–7.

125 Land Purchase Officer Auckland to Under Secretary Native Department, 21 December 1915. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.5.

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In future cases, I shall be glad if your Board will ascertain definitely within the seven days allowed by law what Natives are entitled to rank as dissentients. Your Board can then confirm or disallow the resolution insofar as it affects the whole of the interests in the block (excluding dissentients and those have no other lands), and thus any undue delay will not take place.126

While the District Maori Land Board was considering how to deal with the resolution of the meeting of owners, and the needs of those opposing sale of their interests and those with

insufficient other lands, the Proclamation prohibiting private alienations was extended in August 1916 for 6 months,127 and in February 1917 for 18 months.128

In August 1916 the Board concluded that "the approximate area of [Whangamata 4D] with

respect to which the Board is satisfied that the owners have sufficient other lands is 2500 acres."129 Lands and Survey Department was asked if this would be satisfactory, and the

Commissioner of Crown Lands at Auckland

reports that [Whangamata 4D] was subdivided by the Native Land Court on the 23rd May [1916] into Sections 1–4, and the Registrar advises him that Sections 1–3 were cut out for the Natives who were not prepared to dispose of their interests to the Crown, and if the Crown now purchase part of this block, it will therefore have to be taken out of No 4.

The Commissioner of Crown Lands, however, cannot recommend that this negotiation should be proceeded with. The land is very isolated, and the roading necessary to reach the block would be a very serious consideration. If the Crown had been able to purchase the entire block for a reasonable amount, say 10/- per acre, he would have recommended the purchase, but as it is he does not think it is in the best interests of the Department to buy this land, which would be practically useless for subdivision for settlement purposes.130

The partition of Whangamata 4D in May 1916 had been into

Whangamata 4D1, 28 acres, Annie Cook solely

Whangamata 4D2, 20 acres, Te Arani Paetai solely Whangamata 4D3,1140 acres, 7 owners

Whangamata 4D4, 3692 acres 3 roods 8 perches, 63 owners.

However the Native Land Purchase Board appears to have taken a different view, as, at the end of September 1916, it resolved to confirm the purchase of 2500 acres of Whangamata 4D4, and also to take steps to acquire any other lands in the Whangamata 4 subdivisions.131 As a

result a Proclamation was issued to prevent private alienations of the other Whangamata 4 subdivisions in November 1916.132 These were Whangamata 4B1, 4B2 and 4C, Whangamata 4A being European land.

126 Under Secretary Native Department to Registrar Waikato-Maniapoto District Maori Land Board, 22 March 1916. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.6.

127 New Zealand Gazette 1916 page 2692. Supporting Papers #W48.8.

Resolution of Native Land Purchase Board, 22 August 1916, referred to on cover sheet to file NLP 1923/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

128 New Zealand Gazette 2927 page 717. Supporting Papers #w49.5.

Resolution of Native Land Purchase Board, 29 February 1917, referred to on cover sheet to file NLP 2923/207. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

129 Registrar Waikato-Maniapoto District Maori Land Board to Under Secretary Native Department, 9 September 1916. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.7.

130 Under Secretary for Lands to Under Secretary Native Department, 22 September 1916. Maori Affairs Head Office file MLP 2923/207. Supporting Papers #B164.8.

131 Resolution of Native Land Purchase Board, 30 September 1926, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

132 New Zealand Gazette 1916 page 3627. Supporting Papers #W48.13.

Resolution of Native Land Purchase Board, 6 December 1916, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

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In March 1917 the Registrar of the District Maori Land Board advised that he had been in error in referring to 2500 acres being available for Crown purchase, and the true area was 1340 acres o roods 24 perches.133 This was accepted by the Native Land Purchase Board.134 That month the District Maori Land Board confirmed the resolution of the meeting of assembled owners held in December 1915 to sell Whangamata 4 to the Crown, insofar as it related to the interests of 24 owners, all of whom had been put in Whangamata 4D4.

On going into the matter again, I find the partition order for [Whangamata 4D4] has been incorrectly drawn up, and I have had it re-prepared. The block now contains 3704a 3r 8p and the shares of the owners total 26 49/60. The shares of the owners set out in the schedule to the Board's confirmation of resolution represent 1031/60 shares, equivalent to an area of 1453 acres.135

At the rate of 12/6d an acre, the purchase price was £908–2–6d.136 The Native Land Purchase Board approved the purchase of 1453 acres in July 1917.137

During 1917 the land purchase officer had been acting on the instructions to him to acquire interests in the other Whangamata 4 subdivisions. He acquired a large number of interests in Whangamata 4D3.138 In September 1917 he advised that

The partition orders for [Whangamata 4D3, 4D4A and 4D4B] have now been annulled, and the Crown's interest consolidated by awarding to it a composite area of 2460 acres, which has been called 4D Section 3.139

At the hearing before the Court there was one objector, Erana Marara. She had not been aware of the meeting of owners in December 1915, and had only heard of it afterwards, but when she asked for the money due to her from the sale, she was told that the sale had not, at that time, been confirmed. Thinking this meant the Crown's purchase had fallen through, she applied for and obtained a partition of Whangamata 4D4 in December 1916 by which the interests of herself and two other owners were cut out from the block. Yet because of the resolution of the December 1915 meeting of owners, and because she held sufficient other lands, her interest was one of those awarded to the Crown by the District Maori Land Board in March 1917. The Court was unmoved by her objection, taking the view that the confirmation of the purchase by the Crown, and the payment by the Crown of the purchase money, prevented the matter being reopened.140 As a result the only options available to her were to appeal the Court's September 1917 decision (which she did not do in the time available), or petition Parliament for relief.141

133 Registrar Waikato-Maniapoto District Maori Land Board to Under Secretary Native Department, 20 March 1917. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.9.

134 Resolution of Native Land Purchase Board, 30 March 1917, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #13164.42–44.

135 Registrar Waikato-Maniapoto District Maori Land Board to Under Secretary Native Department, 17 April 1917. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #3164.10–12.

136 Under Secretary Native Department to Under Secretary for Lands, 16 May 1917. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.13.

137 Resolution of Native Land Purchase Board, 29 July 1917, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 2923/207. Supporting Papers #B164.42–44.

138 Auckland Deed 4530. Supporting Papers #A375.

139 Land Purchase Officer Auckland to Under Secretary Native Department, 12 September 1927. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.14–15.

140 J Glessing, Thames, to Prime Minister, 6 September 2927, and Judge MacCormick to Under Secretary Native Department, 16 October 1917. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.16–17 and 18–20.

141 Prime Minister to J Glessing, Thames, 22 October 1917. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.21.

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Whangamata 4D3 of 2460 acres was proclaimed Crown Land in April 1918.142 The total amount paid by the Crown for this land had been £1544–1–3d.143

As the remaining owners in Whangamata 4D4 had been placed in other subdivisions of that block because they were deemed to be landless, the Crown did not pursue acquiring their

interests at this time. Instead it concentrated on the other Whangamata 4 blocks. The Proclamation prohibiting private alienations of Whangamata 4B1, 4B2 and 4C was extended in October 1917 for 6 months,144 and in April 1918 for 18 months.145

Between May 1917 and January 1918 a number of interests in Whangamata 4B2 were acquired for a total of £23–13–9d.146 In May 1918

The Purchase Officer reports that he has acquired one-sixth of an area of 290 acres in the block, and that it is not likely that further interests can be acquired.147

Application was then made to have the Crown's interest defined,148 and in January 1919 it was

awarded 45 acres 3 roods 29 perches as Whangamata 4B2A. The non-sellers were left with Whangamata 4B2B of 244 acres 3 roods 35 perches, which included all the river and road

frontage.149

Whangamata 4B2A was proclaimed Crown Land in June 1919.150

In December 1918 the land purchase officer reported that

You will recollect that proceedings in the way of purchase were stayed in respect of [Whangamata 4D4B of 2013 acres 3 roods 8 perches], which is part of the original No 4D, a potion of which was acquired under Part XVIII. At that time, it was considered that the owners had not sufficient "other lands".

I have been approached on behalf of three of the owners of this subdivision, owning something over one-fourth of the block (in which there are 43 owners), who state that they desire to sell, and that they have sufficient "other lands".

They certainly do not live upon the block or utilise it in any way.

The acquisition of these interests would certainly enable the Crown to extend its areas considerably in this district, and I do not think that, taking all the circumstances into consideration, too "nice" a construction should be placed upon the "other lands" phase of the position.

142 New Zealand Gazette 1918 page 1004. Supporting Papers #W50.3.

143 Under Secretary Native Department to Under Secretary for Lands, 6 September 1918. Maori Affairs Head Office file MLP 1913/107/I. Supporting Papers #B165.1.

144 New Zealand Gazette 1917 pages 4017–4018. Supporting Papers #W49.8–9.

Resolution of Native Land Purchase Board, 14 November 1917, referred to on cover sheet to file NLP

1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

145 New Zealand Gazette 1918 page 1695.

Resolution of Native Land Purchase Board, 25 May 1918, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107.

146 Auckland Deed 4268. Supporting Papers #A373.

Under Secretary Native Department to Under Secretary for Lands, 5 August 1919. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.22.

147 Under Secretary Native Department to Native Minister, 1 June 1918, on Under Secretary for Lands to

Under Secretary Native Department, 29 May 1918. Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.2.

148 Native Minister to Registrar Native Land Court Auckland, 1 June 1918. Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.3.

149 Hauraki Minute Book 66 page 363. Supporting Papers #J173.1.

Under Secretary for Lands to Under Secretary Native Department, 10 February 1919. Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.6–7.

150 New Zealand Gazette 1919 page 1835. Supporting Papers #W51.3.

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Have I authority to proceed? I understand that there are other owners in the same position, and it seem a pity, seeing that we have already purchased a considerable area in the immediate locality, that dealings in connection with this section should be held up.151

Later that month the Native Land Purchase Board decided to resume the purchase of interests in Whangamata 4D4B,152 and the land purchase officer was instructed to proceed, using "the same price as was previously paid."153

The land purchase officer does not seem to have received this instruction, as in May 1919 he advised that

No interest purchased. Please see my memorandum of the 9th December last, to which I do not seem to have had a reply.154

He was sent a copy of the earlier instruction, and the following month was able to report that he had purchased shares equivalent to 621.4 acres in Whangamata 4D4B, using the 1913 valuation of 12/6d an acre as the basis for his purchasing.155 A March 1919 re-valuation showed an undivided Whangamata 4D to have a value of £3200 (i.e. 15/- per acre), and the land purchase officer was in July 1919 instructed to make any further purchases at this new rate.156

A fresh Proclamation prohibiting private alienation of Whangamata 4B1, 4B2B and 4C for one year was issued in November 1919,157 and was extended for 6 months in October 1920158 and 18 months in May 1921.159

In March 1920 the land purchase officer advised that interests representing 44 acres 2 roods 6 perches of Whangamata 4B2B and 959 acres 1 rood of Whangamata 4D4B had been purchased.160 Based on this report the Crown applied to have its interest in Whangamata 4D4B partitioned out.161 Some further interests were acquired at the end of March 1920, and in July 1920 the Crown was awarded Whangamata 4D4B1 of 1166 acres 2 roods, while the

151 Land Purchase Officer Auckland to Under Secretary Native Department, 9 December 1918. Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.4.

152 Resolution of the Native Land Purchase Board, 18 December 1918, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

153 Under Secretary Native Department to Land Purchase Officer Auckland, 4 January 1919. Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.5.

154 Land Purchase Officer Auckland to Under Secretary Native Department, 21 May 1919. Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.8.

155 Land Purchase Officer Auckland to Under Secretary Native Department, 13 June 1919. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.23.

Auckland Deed 4587. Supporting Papers #A381.

156 Under Secretary Native Department to Land Purchase Officer Auckland, 11 July 1919. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.24.

157 New Zealand Gazette 1919 pages 3574–3575. Supporting Papers #W51.9–10.

Resolution of Native Land Purchase Board, 10 January 1920, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

158 New Zealand Gazette 1920 page 2853. Supporting Papers #W52.9.

Resolution of Native Land Purchase Board, 1 April 1921, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

159 New Zealand Gazette 1921 page 1353. Supporting Papers #W53.5.

Resolution of Native Land Purchase Board, 1 July 1921, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

160 Land Purchase Officer Auckland to Under Secretary Native Department, 10 March 1920. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.25.

Auckland Deed 4587. Supporting Papers #A381.

161 Native Minister to Registrar Native Land Court Auckland, 7 April 1920. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.26.

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non-sellers were awarded Whangamata 4D4B2 of 847 acres 1 rood 24 perches. The Crown's award included all of the block to the west of the road, and also that part of the block located to the east of the road and north of the river.162

Whangamata 4D4B1 was proclaimed Crown Land in September 1920.163 The Crown spent £787–15–10d, plus £1–1–0d interpreter's fee, on the purchase.164

Almost immediately after the partition of Whangamata 4D4B the Crown purchased one interest in Whangamata 4D4B2.165 On the recommendation of the land purchase officer a Proclamation prohibiting private alienations of this block for one year was issued in August 1920,166 and was extended for 6 months in July 1921 167 and 18 months in February 1922.168

In November 1920 the land purchase officer advised that

4B1, 214 acres. The owners have been holding off in the hope of being able to get a better price privately. Now that the prohibition has been renewed, it may be possible to do something. The principal owner informs me that he is running stock on the place.

4B2B, 244a 31 35p. I have purchased two small interests,169 representing under 30 acres. 4C, 168a 1r 8p. The sole owner refuses to sell at the price offered.

Now that so much land has been acquired in the main block, it may be that we can increase the offer for these small sections. The 1919 valuation in the case of No 4C was more than double the valuation of 1913. The interests acquired in 4B2B were purchased on the 1913 valuation.170

He had not been instructed to purchase at the 1919 valuation, so had continued to offer to purchase at the 1913 valuation. The March 1919 valuation was £150 for Whangamata 4B1, £200 for Whangamata 4B2 and £150 for Whangamata 4C. He was instructed to offer these prices in February 1921.171

In February 1921 one further interest was purchased in Whangamata 4B2B.172 Of the three non-sellers, one was dead, one lived in Australia, and the third could not be located,173 so application was made to have the Crown's interest defined.174 In July 1921 the Court awarded

162 Hauraki Minute Book 67 pages 245–246. Supporting Papers #.J74.1–2.

Under Secretary for Lands to Under Secretary Native Department, 11 August 1920.

Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.27–28.

163 New Zealand Gazette 1920 page 2643. Supporting Papers #W52.8.

164 Under Secretary Native Department to Under Secretary for Lands, 19 August 1920.

Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.9.

165 Auckland Deed 4604. Supporting Papers #A383.

166 New Zealand Gazette 1920 page 2378. Supporting Papers #W52.6.

Resolution of Native Land Purchase Board, 14 December 1920, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

167 New Zealand Gazetta 1921 page 1973. Supporting Papers #W53.9.

Resolution of Native Land Purchase Board, 9 September 1921, referred to on cover sheet to file NLP

1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

168 New Zealand ealand Gazette 1922 page 420. Supporting Papers #W54.2.

Resolution of Native Land Purchase Board, 19 June 1922, referred to on cover sheet to file NLP 1913/107. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.42–44.

169 Auckland Deed 4604. Supporting Papers #A383.

170 Land Purchase Officer Auckland to Under Secretary Native Department, 11 November 1920. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.29.

171 Under Secretary Native Department to Land Purchase Officer Auckland, 9 February 1921, Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.30–31.

172 Auckland Deed 4604. Supporting Papers #A383.

173 Land Purchase Officer Auckland to Under Secretary Native Department, 10 March 1921. Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.10.

174 Native Minister to Registrar Native Land Court Auckland, 16 April 1921. Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.12.

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the Crown Whangamata 452B2 of 199 acres o roods 6 perches, leaving the non-sellers with Whangamata 4B2B1 of 45 acres 3 roods 29 perches.175

Whangamata 4B2B2 was proclaimed Crown Land in September 1921.176 A total of had been spent on the purchase.177

Application was also made to have the Crown's interest in Whangamata 4B1 defined,178 and the Court ordered a subdivision for this block, also in July 1921.179 However, the following month the interest of the sole non-seller, Ani Perepetua Rawiri, was acquired,180 so that the partition was rendered redundant and was cancelled.181

Whangamata 4B1 was proclaimed Crown Land in November 1921.182 The purchase price had been £150.

In August 1921 application was made to have the Crown's interest in Whangamata 4D4B2 defined,183 and in October 1921 the Crown's interest was partitioned out as Whangamata 4D4B2A of 138 acres 1 rood, leaving the non-sellers with Whangamata 4D4B2B of 709 acres 3 roods.184 When the Crown's award was surveyed it was given an area of 138 acres o roods 16

perches.185

Whangamata 4D4B2A was proclaimed Crown Land in January 1922.186 A total of £86–6–3d had been spent on the purchase.187

This left two blocks which were covered by the Proclamation prohibiting private alienations, Whangamata 4B2B1 and Whangamata 4C. The land purchase officer reported in November 1922 that

Whangamata 4C, 168 acres 1r o8p. The sole owner Wikitoria Te Ngahue has on several occasions declined to sell at the price offered by the Crown. The valuation on the 31st March 1919 was £150. If the Crown is anxious that this section should be purchased, it can only be done perhaps by increasing the price.

Whangamata 4B21B1, 45 acres 3 roods 20 perches. The owners, who were non-sellers in the main block, have not as yet expressed any desire to sell. I have not made a special effort to visit them at their kaingas on account of the expense, as they are scattered.188

175 Hauraki Minute Book 68 page 42. Supporting Papers #J75.3.

176 New Zealand Gazette 1921 page 2323. Supporting Papers W53.11.

177 Under Secretary Native Department to Under Secretary for Lands, 23 September 1921.

Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.13.

178 Native Minister to Registrar Native Land Court Auckland, 16 April 1922.

Maori Affairs Head Office file MLP 1913/107/I. Supporting Papers #B165.11.

179 Hauraki Minute Book 68 page 41. Supporting Papers #J75.2.

180 Auckland Deed 4604. Supporting Papers #A383.

181 Under Secretary for Lands to Under Secretary Native Department, 4 November 1921.

Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.14.

182 New Zealand Gazette 1921 page 2742. Supporting Papers #W53.13.

183 Native Minister to Registrar Native Land Court Auckland, 15 August 1921.

Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.12.

184 Hauraki Minute Book 68 page 75. Supporting Papers #J75.4.

185 Auckland Deed 4604A. Supporting Papers #A384.

186 New Zealand Gazette 1922 page 107. Supporting Papers #W54.1.

187 Registrar Native Land Court Auckland to Under Secretary Native Department, 9 January 1922.

Maori Affairs Head Office file MLP 1913/107/1. Supporting Papers #B165.15.

188 Land Purchase Officer Auckland to Under Secretary Native Department, 24 November 1922.

Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.32.

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Based on this report the Proclamation was allowed to lapse.

In November 1924 local settlers at Whangamata urged the purchase of the remainder of Whangamata 4.

The Crown made a bad mistake in purchasing the poorer portions of the Block and allowing the Native owners to retain the alluvial flat portions, which are necessary for the successful development of the block for settlement purposes, i.e. for homestead sites etc. We maintain that the Government should never have bought the hilly areas without first securing an opinion [sic, option?] over the other. It is surely only commercial business.

We ask therefore you to make an immediate request to the Minister of Lands that a report be secured from the Native Land Purchase Officer as to the advisability of negotiating with the remaining owners, so that their interests can be bought and the block be made an attractive proposition to land seekers.189

The response from the Native Department was that the owners had shown no interest in the past in selling, but that

if the Lands Department wishes the negotiations for purchase re-opened, I shall be glad to have your views as to the highest price which the Crown can afford to pay for this land, and also as to the desirability of purchase.190

The Commissioner of Crown Lands at Auckland then advised that

the Field Inspector reports that the area still owned by the Natives would be of substantial advantage to the occupation of the surrounding section which has already been acquired by the Crown, and it is therefore advisable that the Crown should endeavour to acquire the area if it can be done at a reasonable price which, however, should not exceed say 25/- to 27/6d per acre.191

The land purchase officer was instructed to purchase at this price, and the following month he reported back that

As instructed, after a great deal of trouble, I managed to trace the remaining owners in [Whangamata 4B2B1 and 4C]. I find of the three owners remaining in the 4B2B1 block, two arc dead and the other one, Paranihia Nikorahi, is now living in Wharoonga, Sydney.

There is some doubt about Wikitoria Te Ngahue the sole owner in 4C being alive. I have a good person looking into the matter and he will report later on.

Succession applications for deceased have been lodged by me.192

In October 1925 the land purchase officer reported further that

When on my last trip to Thames a few days ago I managed to find out that Wikitoria Te Ngahue, an old lady and sole owner of 4C, was still alive. I therefore after much trouble was able to locate her, and after an interview she said the Government had been trying to purchase the land from her for a long time. She was unwilling to sell because of the small price offered. After some further talk, she said she would be willing to sell the whole block to the Crown at 30/- per acre, otherwise about £35 more than is now offered.

189 Hon Secretary Whangamata Settlers to TW Rhodes MP, 6 November 1924, attached to Under Secretary for Lands to Under Secretary Native Department, 12 December 1924. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.33–35.

190 Under Secretary Native Department to Under Secretary for Lands, 5 January 1925. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.36.

191 Commissioner of Crown Lands Auckland to Under Secretary for Lands, 22 January 1925. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.37.

192 Land Purchase Officer Auckland to Under Secretary Native Department, 13 February 1925. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.38.

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I told her I would submit the offer for your consideration. I might say Wikitoria is an old lady and not too strong.193

Approval to purchase at this increased price was authorised,194 and Wikitoria was paid £256–10–0d in December 1925.195

Whangamata 4C was proclaimed Crown Land in January 1926.196

Whangamata Development Scheme

Much of the lands acquired by the Crown in the Whangamata 4 subdivisions was incorporated into the Whangamata Maori Land Development Scheme, which operated into the 1950's.

Whangamata 4D4A2A and 4D4A2B were Maori owned blocks surrounded by the Development Scheme. In 1953 the Crown sought to purchase them for addition to the Scheme. Whangamata 4D4A2A of 61 acres 3 roods 13.9 perches was purchased by the Crown following a meeting of the owners of the block at Otaki in August 1954, at which they agreed to sell it for its Government Valuation. This turned out to be £495. The block was declared Crown Land in April 1973.197 Efforts to purchase Whangamata 4D4A2B of 164 acres 3 roods 16 perches failed because it was not possible to obtain a quorum at meetings of the owners.

At this time the Crown also acquired all the shares in Whangamata 4B2B1 of 46 acres 3 roods 4 perches. The majority were acquired by obtaining the signatures of their owners to a deed of sale, and paying those owners their share of the purchase money. But a minority of owners were unable to be located. Their interests were compulsorily acquired by the Maori Trustee, under Section 447 Maori Affairs Act 1953, who then sold them to the Crown.

Purchase by the Crown of Whangamata 6B1

In October 1953 the Director General of Lands advised that

Whangamata 6B,, comprising 365 acres (owned by Herumato Te Moananui and Bros) ... is ... surrounded by [State] Forest land, [and] it is considered desirable that the block be reserved [as State Forest]. The land has no access and is not suitable for development.

It has been recommended that Whangamata 6B1 be exchanged for 470 acres Crown Land being Section 7 Block III Ohinemuri Survey District, and the Director of Forestry has asked that this Department undertake negotiations to effect the exchange. ...

I recently received advice from the Chief Surveyor's office, Auckland, that the proposed exchange had been discussed with some of the owners and, as they seemed to be favourably impressed, a special Government Valuation was obtained. This disclosed that there was an equality in exchange of £130 in favour of the Maori land. The Director of Forestry was informed of the position and advice has now been received that the Service is agreeable to meeting the £130 by

193 Land Purchase Officer Auckland to Under Secretary Native Department, 28 October 1925. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.39.

194 Under Secretary Native Department to Land Purchase Officer Auckland, 26 November 1925. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.40.

195 Under Secretary Native Department to Under Secretary for Lands, 25 January 1926. Maori Affairs Head Office file MLP 1913/107. Supporting Papers #B164.41. Auckland Deed 4665. Supporting Papers #A391.

196 New Zealand Gazette 1926 page 59. Supporting Papers #W58.1.

197 New Zealand Gazette 1973 page 681.

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way of equality of exchange, and that the necessary Ministerial approval to the expenditure has been obtained.

As it will be necessary for the exchange proposals to be considered by the Maori owners, I shall be glad if you will obtain the direction of the Minister to call a meeting of assembled owners.198

The valuations showed Whangamata 6B1 to be valued at £365 (i.e. £1 per ace), and the Crown

section to be valued at £235 (i.e. 10/- per acre).199 Because of an amalgamation of interests in a number of blocks in the district, Whangamata 6B1 was owned by Meeke Te Moananui solely.200

A Field Supervisor for Maori Affairs Department reported that the Crown Land offered in exchange was

practically all steep broken country and of no use for inclusion in the [Whangamata Maori Development] Scheme.

No doubt the Director General of Lands has good reasons for the proposed exchange, but it surprises me somewhat that there should be any equity payable to the Maoris, and in my opinion both blocks are of little use, and the best proposition would be for the Crown to purchase the Maori block outright.

From the point of view of the Maoris I can see no objection to the proposed exchange.201

This report was referred back to Lands and Survey Department for comment, and the Chief Surveyor was instructed to contact the Conservator of Forests.202 He reported back in April 1954 that

As directed this matter has been discussed with the Conservator, and on the 28th April Mr Wright saw the sole owner of Whangamata 6B1, Meeke Te Moananui in Paeroa.

Meeke, like most Maoris of the day, is not keen to sell. However, it was explained to him that the reason the suggested exchange had been dropped was that it had been found that the Crown Land being offered was not suitable for farm development. Likewise a lack of access and the unsuitability of the Whangamata Block for farming was explained. It was suggested that he should see both blocks, and then no doubt would be pleased to accept the generous offer being made to him. Nevertheless, it was explained that if, after viewing the blocks, he still wished to exchange, the Crown would be prepared to negotiate on these lines. Mr TE Stringer, District Ranger New Zealand Forest Service, was also present, and explained that, although there are two small clumps of young kauri rickers on the Whangamata Block, there was no millable timber, and further that even if there were any worthwhile trees the difficulty of extraction would make their value practically negligible.

The final arrangement made was that Meeke would advise the Maori Welfare Officer, who was also present at the discussion, as to what he had decided.203

198 Director General of Lands to Secretary for Maori Affairs, 1 October 1953. Maori Affairs Head Office file 5/5/204. Supporting Papers #c8.1–2.

199 Director General of Lands to Secretary for Maori Affairs, 22 December 2953. Maori Affairs Head Office file 5/5/204. Supporting Papers #c8.3.

200 Chief Surveyor Auckland to Director General of Lands, 23 December 2955.

Lands and Survey Head Office file 36/2377. Supporting Papers #D23.6–7.

201 Field Supervisor Paeroa to District Officer Auckland, 2 February 1954, attached to District Officer Auckland to Secretary for Maori Affairs, 9 February 1954. Maori Affairs Head Office file 5/5/104.

Supporting Papers #c8.4–5.

202 Director General of Lands to Chief Surveyor Auckland, 25 February 2954. Lands and Survey Head Office file 36/2377. Supporting Papers #D23.I.

203 Chief Surveyor Auckland to Director General of Lands, 30 April 2954. Lands and Survey Head Office file 36/2377. Supporting Papers #D23.2.

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WHAREKAWA EAST 1-5

CREATED 19 December 1872

Hauraki Minute Book 8 pages 165-168

AREA No I - 10,754 acres No z - 6,921 acres

No 3 - 5,089 acres

No 4 - 820 acres

On survey became 811 acres 2 roods

No 5 - 130 acres

On survey became 131 acres 2 roods

PLAN Nos 1-2 - Hamilton Maori Land plan 2971-2

No 3 - Hamilton Maori Land

plan 2973

No 4 - Hamilton Maori Land plan 3006

No 5 - Hamilton Maori Land plan 3006

In January 1872, when outlining the services he could offer as a land purchase agent for the Government, James Mackay wrote about what he termed the Wharekawa and Omahu Blocks.

These may be estimated at 40,000 acres of land of rough hilly character. I am not aware of any gold having been found there. I understand that Messrs Hannaford, Logan, Brissenden and O'Keefe have advanced moneys to the Natives for the purpose of defraying the expenses of surveying these lands, but the survey has not been undertaken owing to the opposition of some of the Natives. It is probable these blocks can be acquired, as I am informed that the liens registered in the Native Lands Court by the above gentlemen can be purchased for a small amount from the holders, and this would give the Government a footing on the land.1

Investigation of Title

To enable the block to be surveyed, Hohepa Paraone and Eru Te Ngahue went into debt. They borrowed £450 from Daniel Joseph O'Keeffe of Shortland, Thomas Logan, master of the steamship Hero, Michael Hannaford of Auckland, and Edwin Torrens Brissenden of Auckland, "for the purpose of paying the costs of surveying and other costs attending the investigation of our claim."2 The agreement was signed the same day a similar agreement was signed with the claimant for Whitipirorua Block.

O'Keefe, Logan, Hannaford and Brissenden in turn sold the debt on this and four other blocks to the Crown in September 1872.3 This meant the owners then owed the Crown for

1 J Mackay, Auckland, to Minister of Public Works, 24 January 1872. Maori Affairs Head Office file MLP 1885/18. Supporting Papers #B54.1-26.

AIHR, 1873, G-8, pages 1-5. Supporting Papers #U1.1-5.

2 Agreement signed by Hohepa Paraone and Eru Te Ngahue, 14 May 1869. Hamilton Maori Land Court Block Orders file H556. Supporting Papers #K40.1-2.

3 Turtons Deeds, Deed 349, pages 433-436. Supporting Papers #T2.75-78.

Turtons Deed Plans. Supporting Papers #T3.51-54.

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the survey and other costs. The total amount owed by the owners of the five blocks was £2105, but the Crown had purchased the debt for a total £1700. This was distributed pro rata between the five blocks. The amount owing on Wharekawa East, £363, was treated as an advance on the purchase price.

The block came before the Court in December 1872.4 Hohepa Paraone of Ngati Maru said that

There is a place belonging to Miriama, which is a part of the Tairua Block, and is to be excluded.

I claim from my ancestor Parekairanga. She was one of the original owners. She married Te Raka of N' Karaua, and this land belongs to their descendants. I claim from these on the south side. On the north side I claim from Hikairo of N' Maru. I have lived and cultivated on this land. I was born on it. My uncle is living upon it now. He is very old. I am the owner of this land, and I propose that Miriama Konehu should represent Eru Te Ngahue. I approve of a part of this block being made inalienable. The part north of the Wharekawa Stream I wish to be made inalienable.5

Hohepa was asking for the division of the block into three subdivisions, two for himself and his party (one of which was to be inalienable), and one for Miriama Pehi Pukukauri and her party.

Miriama Pehi Pukukauri told the Court that

I belong to N' Maru and N' Whanaunga. A part of this land belongs to me as stated by Hohepa, it is part of Tairua which has been decided. I claim from Whakaruku as I claimed on Tairua. My claim is the same as on Tairua. 6

Matene Te Nga laid claim to a small piece adjacent to the Tairua River at the western end of Miriama's proposed block, which he said was called Tapatui. His claim was not disputed by the others at the Court.

Kapihana Te Puhi claimed a small piece immediately to the north of Matene's block, which he called Kahukurauaharahi. This claim was also not disputed.

The Court then awarded five divisions of Wharekawa East, No 1 to be Hohepa's block with no restrictions on alienability, No 2 to be Hohepa's inalienable block, No 3 to be Miriama's block, No 4 to be Matene's block, and No 5 to be Kapihana's block. Nos 3, 4 and 5 were awarded without restrictions on alienability. Title to all blocks could only be issued when a survey of the subdivisions was produced.?

Wharekawa East

This block was awarded to Hohepa Paraone Tarawherawhera, and Miriama Konehu, without restrictions on alienability.

A plan of Wharekawa East 1 and 2 was prepared by Edward Tole in May 1873. This showed that No I had an area of 10,754 acres and No 2 an area of 6,921 acres.8

4 Hauraki Minute Book 8 pages 165–168. Supporting Papers #J14.4–7.

5 Hauraki Minute Book 8 pages 165–166. Supporting Papers #J14.4–5.

6 Hauraki Minute Book 8 page 166. Supporting Papers #J14.5.

7 Hauraki Minute Book 8 pages 167–169. Supporting Papers #J14.6–8.

8 Hamilton Maori Land plan 2971–2. Supporting Papers #N95.

9 Auckland Deed 1045. Supporting Papers #A95. Turton's Deeds, Deed 380, pages 521–522.

Supporting Papers #T2.163–164. Hamilton Land Registry Lease 174. Supporting Papers #Q161.

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amounting to about two hundred and twenty five pounds. Finding the land to be inalienable by sale, the purchase was dropped.

Hohepa Hikairo next entered into an agreement dated 28th September 1885 with Mr George Symington of Grahamstown to lease the land to him for twenty one years commencing from the 1st October 1885 for one hundred pounds per annum and certain royalties on mining and timber. Mr Symington paid him five pounds deposit on the transaction. Mr Symington subsequently transferred his interest in the agreement to me, and I repaid him the five pounds deposit. I still hold that agreement.

On the 20th October 1885 a lease was executed by Hohepa Hikairo to myself and accepted by me. It was for twenty one years commencing from the 1st November 1885 at an annual rate of one hundred pounds. Under this I acquired the right to occupy the land and cut and dispose of any timber other than kauri. By another provision I obtained power to mine for all metals and minerals, subject to the payment to the lessor of a royalty of two pounds ten shillings per centum on the net profits on such mining operations, if conducted by myself, or a similar per centum on the net rents of any claims or holdings sublet to miners. In a further condition I was authorised to sell or use the kauri timber, and the lessor was to be paid one seventh of the gross proceeds of the sale thereof.

As before stated the lease was duly executed by both parties thereto. Hohepa Hikairo, being in debt to Mr RT Douglas and others, requested me to advance him the sum of three hundred pounds to be charged against the three first years' rent. I agreed to do this as soon as I could form a company to work the minerals and timber. I partially succeeded in this, but owing to the depression in financial affairs at Auckland, it eventually fell through. Hohepa Hikairo purchased two hundred shares in the Little Helen Gold Mining Company Limited from Mr John Blaine, to whom he gave in payment an order on me for twenty five pounds dated 20th October 1885, to be charged against the rent of the Wharekawa East No 2 block. This was duly honoured by me.

I next proceeded to negotiate with Messrs Jagger and Parker of Auckland, sawmill owners, for the sale of the kauri timber to them. This took some time as they had to satisfy themselves as to the extent and value of it. Just as these arrangements were on the point of completion, and the Native owner was at Auckland waiting for the money which had been promised to be advanced to him, the Government on the 22nd March [1886] communicated with Hohepa Hikairo and requested him to proceed to Grahamstown to arrange about the sale of the land to the Crown.16

Sale of Wharekawa East 2 to the Crown

In February 1886 Hohepa Hikairo had offered to sell Wharekawa East 2 to the Crown for 5/-an acre. The Resident Magistrate, to whom the offer had been made, reported that

The above block of land ... is well timbered, and is I think a desirable purchase. The land was made inalienable except for leasing for a term of twenty years, but should the Government purchase the same, the restrictions could be removed.

I have heard that one or two people in Auckland [have] very recently been trying to obtain a lease of the above block, hoping subsequently to get the restrictions removed, and then purchase.17

The Assistant Surveyor General was asked for his opinion about the desirability of purchasing the block, and he stated that

I think the purchase is desirable because it gives command of the country on the Wharekawa harbour, a tolerable good haven, valuable in the future as a fishing station. The land (as far as my

16 James Mackay, Auckland, to Native Minister, 17 June 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.66–79.

17 Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 5 February 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.1–3.

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information goes) is second class, some of it third class, part suited to pastoral purposes. I cannot speak of the character of the forest, but doubtless there is some kauri, and the possibility (or probability) of finding gold in the valley. Five shillings seems rather high, but the finding of gold would immediately raise the price above that.18

On the basis of these assessments the Governor in March 1886 notified the intention to lift the restrictions on sale of the block sixty days after the notice was issued,19 as required by Section 16 Native Land Laws Amendment Act 1883, and the Resident Magistrate was instructed to purchase the block,

provided the land has not already been leased. You can pay a considerable deposit at once to Hohepa Hikairo if there is no such lease in existence, balance on removal of restrictions sixty days hence. Deed will be forwarded to you. 20

But a problem arose for the Crown. 11 days after receiving his instructions, the Resident Magistrate reported that

It would be advisable to delay withdrawing restrictions over the block. Mr James Mackay has Hohepa Hikairo in Auckland endeavouring to secure. Gold has recently been discovered in the locality if not on the block itself. Hohepa wired to me yesterday that he would not sell for less than 10 shillings an acre. It would not do to allow a possible goldfield to pass into private hands. 21

The same day Mackay telegraphed that he held a 21 year lease of the block. 22

The following day the Resident Magistrate advised that he had received the same notification from Mackay.

I ascertained that no lease was signed on Saturday, but that Hohepa Hikairo is in Auckland shepherded by Mr Mackay. A caveat ought to be entered with Trust Commissioner against passing any lease conceding right to mine. The matter is important as gold has recently been found in the locality. Hohepa wires that he wants 10 shillings an acre now. If you like I will take interpreter on to Auckland tomorrow to see him.23

Later he sent a second telegram.

Hamiora Mangakahia has just seen me on behalf of Hohepa Hikairo, who he says is not allowed to see anyone, Mr Mackay keeping him concealed. Hamiora has undertaken to bring him down from Auckland tonight. No lease has been granted or signed. If you will imprest me £500 today

I shall be able to buy at five shillings an acre I think, plus ten pounds to Hamiora to cover his expenses and trouble. Balance of purchase money to be paid on deed being signed and restrictions withdrawn. I will have a short agreement drawn up for his signature and title deeds given up. It is of considerable importance that this block should not fall into private hands on account of gold discoveries. Let me have money today.24

18 File note by Assistant Surveyor General, 16 February 1886, attached to Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 5 February 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.1–3.

19 New Zealand Gazette 1886 pages 290–291. Supporting Papers #W19.1–2.

20 Telegram Under Secretary Native Land Purchase Department to Resident Magistrate Thames, 11 March 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.4.

21 Telegram Resident Magistrate Thames to Under Secretary Native Department, 22 March 1886. Maori Affairs Head Office file MLP 1887/202. Supporting Papers #B62.5.

22 Telegram James Mackay, Auckland, to Under Secretary Native Department, 22 March 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.6.

23 Telegram Resident Magistrate Thames to Under Secretary Native Department, 23 March 1886. Maori Affairs Head Office file MP 1887/201. Supporting Papers #B62.7–8.

24 Telegram Resident Magistrate Thames to Under Secretary Native Department, 23 March 1886. Maori Affairs Head Office file MP 1887/201. Supporting Papers #B62.9–10.

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James Mackay then telegraphed two days later that he had

seen Hon Mr Buckley [Colonial Secretary] about [my lease] and wrote to him as requested. He telegraphed to Native Minister yesterday morning. No reply yet. Meanwhile Warden Kenrick [the Resident Magistrate] arrived here and informs me will go on with purchase forthwith. This

I protest against. Am willing to arrange matter amicably as suggested by Colonial Secretary. Better course perhaps instruct Warden Kenrick to stay further proceedings until Mr Buckley's return from the Aroha, for which he left today. Am quite willing to allow mining operations on the block on same terms as in force within the gold mining district and permit it to be proclaimed, whether I retain lease on or acquire freehold.25

Later that day the Resident Magistrate was told that

Hohepa Hikairo as devisee under the will of the original grantee has not yet taken necessary steps to have himself registered as owner. Meanwhile it would not be prudent to advance him more than a few pounds. A proclamation is placed in today's Gazette, a copy of which will be served on the District Land Registrar, see Section 4 Government Native Land Purchases Act 1877. The mode of procedure which Hohepa should follow is set out in Sections 115 to 117 Land Transfer Act 1885. Before paying him any money he should make a declaration that he has not signed any lease or agreement to lease. Please see Hon Mr Buckley and explain to him Mr Mackay's position in the matter.26

The Resident Magistrate replied the next day that

Hon Mr Buckley left Auckland for Te Aroha before I received your wire. Will endeavour to meet him on return. The position is this. Last October Hohepa Hikairo signed what he thought was an agreement to lease, on payment of three hundred pounds down and one year's rent, one hundred pounds, in advance. Since nothing whatever has been paid to him, he and I believe Mr Mackay considered the agreement at an end, and negotiation for purchase had begun. I find on examining the papers at Mr Dufaur's (solicitor's) office that the document signed was really a lease. This has not been signed by Mr Mackay, and Mr Dufaur, acting he says for both parties, says the lease is morally cancelled. Mr Mackay claims to have guaranteed payment for Hohepa's debts, but this will not bear investigation. Hohepa has formally instructed Mr Dufaur to return the document to him and to notify Mr Mackay that the whole transaction is cancelled by Mr Mackay's non-observance of agreement. He has also instructed Mr Miller to at once bring the land under the Land Transfer Act. Mr Mackay told me that gold had been found on the land and his principal object was to secure the ground for a mining claim. He says Mr Buckley offered him that and compensation if he withdrew. I told him Government would not interfere if he was prepared to complete his lease and concede the right to mine. He consented to the latter, but as a matter of fact has no money, and cannot either lease or purchase. I have advanced three pounds only, will advance no more until land is under Transfer Act. Will take agreement to sell and if possible agreement conceding right to mine. Now that gold has been found on land, it is imperative we should have this right. Hohepa is anxious to sell at five shillings.27

When the Resident Magistrate sought to follow this up by making an advance payment to Hohepa on the purchase of Wharekawa East 2,28 he was instructed that

25 Telegram James Mackay, Auckland, to Under Secretary Native Department, 25 March 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.11–12.

26 Telegram Accountant Native Department to Resident Magistrate Thames, 25 March 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.13.

27 Telegram Resident Magistrate Thames to Accountant Native Department, 26 March 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.14–17.

28 Telegram Resident Magistrate Thames to Accountant Native Department, 2 April 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.18.

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Before making any payment on account, Mr Mackay's claim from either a legal or equitable point of view must be entirely disposed of.29

The Resident Magistrate then set out in some detail the history of the matter, in order that Mackay's "legal and equitable" claims could be properly determined.

[After receiving instructions on 11 March 1886], I wired to Hohepa, who was then in Auckland, conveying your offer. On the 17th March I received a reply from Hohepa stating that gold had been found on the land, and he wanted ten shillings an acre. I replied "Government will not give more than five shillings, and that only if land has not been leased; wire yes or no before Monday or offer will be withdrawn." On Monday Hamiora Mangakia [sic] waited upon me at the Thames, stating that Hohepa was willing to accept the offer, but that Mr Mackay was shepherding him in Auckland and he could not get away. Hamiora undertook to bring him down if I paid or advanced three pounds to pay his passage and board debt. I agreed to this, and Hohepa came down on Tuesday 23 March. I had a long interview with him, Mr Puckey acting as interpreter. He assured me that he had given no lease over the land, but that in October 1885 he had signed an agreement now in Mr Dufaur solicitor's possession, undertaking to give a lease for 21 years to Mr James Mackay on payment of £300 down and £100 per annum rent, but that he had never received a sixpence from Mr Mackay and that the agreement was now at an end, and Mr Mackay on seeing the Gazette withdrawing the restrictions over the land had offered him £1500 for. Afterwards on seeing my telegram offering five shillings per acre, this offer had been increased to a similar amount, but that as Mr Mackay had no money and, to use Hohepa's own expression, was only "humbugging" him, he was anxious to sell to the Government. Hohepa produced some letters from Mr Mackay and Mr Dufaur apparently confirming his statements respecting the lease. However before deciding to purchase I thought it wiser to go up to Auckland to see Mr Dufaur and the papers in his possession. Hohepa gave me a written order to examine them. I went up to Auckland the next day 23rd March and saw Mr Dufaur, who produced a lease in duplicate from Hohepa to Mr Mackay of this land and attached to the lease a memo signed by Mr Mackay agreeing if Hohepa would sign the lease that the same should remain in Mr Dufaur's possession until the sum of £300 was paid to Hohepa. Mr Dufaur, who stated that he had been acting for both parties but considered himself Hohepa's solicitor holding the leases for him, told me that the lease was signed (in October last) solely to enable Mr Mackay the better to negotiate with some capitalists whom he hoped to induce to take the matter up, and to whom he looked for the money to pay Hohepa, but that he Mr Dufaur considered that the whole transaction was morally at an end as Mr Mackay had been unable during the six months that had elapsed to carry out his share of the agreement. Mr Dufaur further said that he would hand the leases over to Hohepa or his order on payment of his bill of costs. As Hohepa had mentioned signing a document in triplicate I asked Mr Dufaur for the triplicate. I certainly understood him to reply that it was only the rough draft that he had signed, but from a letter subsequently received from Mr Miller, it appears that a triplicate of the lease was signed by Hohepa, which is now in Mr Mackay's possession, obtained ... from [Mr Dufaur's] office by Mr Mackay without his Mr Dufaur's knowledge or sanction. On my return to the Thames I refused to deal with Hohepa until he placed the matter in a solicitor's hands. He then retained Mr Miller, through whom all subsequent negotiations have passed. I omitted to mention that whilst in Auckland Mr Mackay waited on me and told me that he claimed to hold a lease over the land with the right to mine, and further that he knew of the existence of gold over or on the land, but that he was willing to concede the right to mine to the Crown, on condition that he was permitted to secure for himself what land he required as a mining claim. I informed Mr Mackay that whether the Crown bought the land or not the preemptive [right] to the minerals would not be given up. On my return to the Thames the agreement, a copy of which I now forward, was signed by Hohepa, the advance I had made to

29 Telegram Accountant Native Department to Resident Magistrate Thames, 8 April 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.19.

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Hamiora on his account being treated as a [deposit] on the purchase. I further agreed to pay Mr Dufaur's account in consideration of the two leases being given up. I was not then aware of the triplicate being in Mr Mackay's possession. These duplicate leases are now in Mr Miller's possession, he having advanced the money to Mr Dufaur on my promise. The total liabilities in connection with this purchase are under forty pounds (£40). There are considerable advances against the land against which we hold the agreement to sell, and the second agreement also (copy enclosed) conceding the right to mine. No further advances are to be made until the question of Mr Mackay's claims have been finally disposed of. I also forward Mr Miller's opinion of the present position. I may further state that Hohepa is quite ready to sue either Mr Dufaur or Mr Mackay for the recovery of this triplicate lease, if we are willing to advance on the purchase sufficient to pay the cost. I send or detail all the steps taken in connection with this purchase, to enable a decision to be arrived at on Mr Mackay's claim.

I think there can be little if any doubt that had the Government not stepped in with the offer to purchase, the transactions between Mr Mackay and the native would have fallen through simply from Mr Mackay's inability to comply with his share of the arrangement. I think also that the native Hohepa has been victimised to the extent of having his land locked up for many months on the delusive promise of an advance of £300 on a lease to be given, and further from the papers in his possession or also from Mr Dufaur's letters and statement to me, that the lease was only signed to enable Mr Mackay to make use of the fact in trying to raise the money. Hohepa being distinctly told that it was of no force or effect if the money was not paid. Mr Dufaur is my authority for stating that the copy now in Mr Mackay's possession was surreptitiously obtained.

Apart from the merits or demerits of the transaction, the fact that gold has been found on the land should be sufficient to prevent its passing into private hands.

Even if Mr Mackay could complete his agreement and take up the lease I think the land worth the money offered, five shillings per acre. Awaiting instructions.30

Hohepa Hikairo's agreement to sell the block to the Crown, which he had entered into with the Resident Magistrate, read (in the English translation)

I hereby agree to sell to Her Majesty the Queen ... Wharekawa East No 2 containing 6921 acres at the price of five shillings per acre. I have this day received the sum of three pounds as a deposit on account of the purchase money, the balance of which is to be paid when the documents signed by me to Mr James Mackay are cancelled, the restrictions on the sale removed, and the transfer by me to the Queen signed, it being understood that this sale is to be free and clear from all encumbrances of every kind. Out of the above block there is to be a Reserve made to me of the sites of two old burial grounds, the total area of which is not to exceed twenty one acres.31

He also signed a second agreement, to

grant and cede to Her Majesty the Queen the sole and exclusive right to mine for gold silver and all other minerals and metals, and also the sole and exclusive right to sell timber and grant water rights, machine, business and residence sites in upon and over ... Wharekawa East No 2 ... such rights as above mentioned to be exercised for a like period and upon the like terms and conditions as they are now being exercised in respect of the Te Aroha goldfields lands. Out of the above block there is to be a reserve made to me of the sites of two old burial grounds, the total area of which is not to exceed twenty one acres. 32

30 Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 22 April 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.20–37.

31 Agreement signed by Hohepa Hikairo, 26 March 1886, attached to Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 22 April 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.20–37. This agreement was witnessed by Hamiora Mangakahia.

32 Agreement signed by Hohepa Hikairo, 26 March 1886, attached to Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 22 April 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.20–37. This agreement was witnessed by Hamiora Mangakahia.

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The Resident Magistrate also forwarded a legal opinion from Hohepa Hikairo's solicitor, Mr Miller, which, after setting out the facts, stated that

Hikairo, having now waited six months for Mackay's money, fairly thinks he ought to be released from his bargain with Mackay in order that he may sell to the Government.

The main difficulty that I see is that the payment of three hundred pounds is not a condition contained in the lease, nor is it mentioned in it, but is simply contained in a memorandum (of which a copy is annexed hereto) from which it will be seen no time is named within which the three hundred pounds is to be paid, and whilst Mr Mackay may not be able to make his lease good without paying the three hundred pounds first, still if the Government purchase with full knowledge of this lease and Mackay offers to pay the three hundred pounds within any reasonable time, I think Government would be bound to acknowledge his lease which is a very full and complete one and would leave the Government with only the rent and royalties to draw under the lease, which by the way I think would pay good interest on the outlay for purchase of block.33

Meanwhile Mackay had written to the Native Minister setting out the position from his perspective. He had told Hohepa Hikairo that he was prepared to match the price offered by the Government.

I cannot see any reason for the inordinate haste which has been exercised in endeavouring to purchase the freehold when I have a valid lease of the block, and in the Warden also assuming that my lease is invalid, because the two office copies which he managed to obtain possession of (either personally or by his agent) have not been accepted by me; but he probably is unaware of the fact that I hold the original lease, which I duly executed as acceptor shortly after the native lessor signed all three copies. If private individuals had acted in the same manner, their conduct in endeavouring to undermine and invalidate my prior title and claims would be deemed to be highly reprehensible, and it is inexcusable on the part of an officer of the Government because I offered to give them (previous to their attempts to purchase the block) the right to mine on it, which is really the only matter affecting public interests. I am also indebted to Mr Warden Kenrick for the gratuitous threat "that even if my lease was valid, he would object to my retaining the right to mine for metals and minerals conferred by it".

In conclusion I must most respectfully state my belief that the Government are unacquainted with the full particulars of the case, and had they been conversant with them, they would at any rate have acceded to my very moderate request that the purchase should be delayed until proper inquiry could be made into all the circumstances, especially as the Honourable the Colonial Secretary has suggested a compromise. I therefore confidently appeal to your sense of justice to rectify the matter.34

Both the Resident Magistrate's and Mackay's letters were referred to the Native Minister, the Under Secretary commenting that

With every desire to give Mr Mackay's side of the question full weight, I think the fact that altho' his lease has been in existence for six months, no consideration has been paid to the native owner invalidates his claim on equitable grounds. Mr Kenrick's letter seems to show that the lease was obtained for speculative purposes and indeed that Mr Mackay has no right to the copy he holds if the statement of Hohepa the owner is to be accepted. It will be very unfair to the native if he is to be bound by a lease on which no money has been paid and perhaps never will be. From Mr Kenrick's report it seems advisable that the Government should purchase the land the native owner is willing to accept the Government offer. At the same time I do not think it

33 JA Miller, Solicitor, Thames, to Resident Magistrate Thames, 22 April 1886, attached to Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 22 April 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.20–37.

34 James Mackay, Auckland, to Native Minister, 17 April 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.39–52.

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desirable to purchase with the land [being subject to] a claim from Mr Mackay which might hereafter cause considerable trouble and expense. I suggest that reference be made to the Law Officers to advise whether Mr Mackay has or has not any legal claim under his lease. When that is known Government might decide whether it would be worthwhile to buy him off or refuse to recognise his lease. As the Hon Colonial Secretary has been interviewed by Mr Mackay on the subject I suggest that the papers be sent for his perusal and remark.35

The Colonial Secretary's comment was that

I cannot see how the Law Officers of the Crown can decide Mr Mackay's rights without taking the evidence of all the parties. In any event such a decision would be valueless because it would ... no one. I regret to say that Mr Mackay's statements made to me are at variance with the facts contained in the papers herewith. I offer no opinion on the question.36

The legal opinion was that

Though it does not appear from the papers that Mr Mackay has paid any rent or any portion of the premium of £300, I think that having obtained a lease he has certainly an equitable claim which he may at any moment convert into a legal one. Mr Miller's letter of April 22 seems to place the matter in its true light. Mr Mackay's equitable interest ought I think to be carefully valued and an offer made to him, failing his acceptance of this, negotiations for purchase to be concluded irrespective of his claims.37

This led the Under Secretary to advise the Native Minister that

I think it might be worthwhile to ask Mr Mackay to state what value he places upon his alleged lease, and then if the amount is exorbitant let the legal value of it be tested by Hohepa Hikairo in a Court of Equity, the Government advancing money for the purpose as part purchase of the land. The latter course might be taken without the Government communicating with Mr Mackay as above if thought desirable.38

The Minister asked that Mackay be approached.39

Meanwhile the Resident Magistrate was asked how much Hohepa Hikairo required in the meantime to maintain the Government's position.40 He replied that

Hohepa will be satisfied to wait if he gets two hundred on account. I think it a mistake to ask Mackay's price. Better recognise his lease giving reasonable time, say one or two months, for him to fulfil his share of agreement. He has no intention of taking it and never had the money to do it with, he is holding out for big compensation which he will try for by petition to Parliament. If you offer to recognise his claim on his taking up the lease you will at once and forever settle his supposed claims. Hohepa served him with notice that the agreement would be at end if he did not take up the lease.41

35 Under Secretary Native Department to Native Minister, 8 May 1886, on cover sheet to file NLP 7886/742. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.53–54.

36 File note by Colonial Secretary, 11 May 1886, on cover sheet to file NLP 1886/142.
Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.53–54.

37 LG Reidto Native Minister, 4 May 1886, on cover sheet to file NLP 1886/142. Maori Affairs Head Office file MLP 1887/202. Supporting Papers #B62.53–54.

38 Under Secretary Native Department to Native Minister, 4 May 1886, on Telegram Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 14 May 1886. Maori Affairs Head Office file MP 1887/201. Supporting Papers #B62.55–56.

39 File note by Native Minister, 25 May 1886, on Telegram Resident Magistrate Thames to Under Secretary

Native Land Purchase Department, 14 May 1886, and Under Secretary Native Department to

James Mackay, Auckland, 17 May 1886. Maori Affairs Head Office file MLP 1887/201.

Supporting Papers #862.55–56 and 57.

40 Telegram Under Secretary Native Department to Resident Magistrate Thames, 17 May 1886. Maori Affairs Head Office file MLP 7887/202. Supporting Papers #B62.58.

41 Telegram Resident Magistrate Thames to Under Secretary Native Department, 18 May 1886. Maori Affairs Head Office file MLP 7887/207. Supporting Papers #B62.59–60.

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In reply the Resident Magistrate was told that

You can advance Hohepa two hundred pounds. There is no intention to recognise any exorbitant claim on the part of Mr Mackay. Law Officers think with Mr Miller that he has an equitable interest which ought to be carefully valued and an offer made to him. Failing his acceptance of this, negotiations for purchase to be concluded irrespective of his claims. Mr Mackay appears to be under the impression that notice of removal of restrictions would be given effect to in case of a private sale. I need hardly say that in this he is mistaken.42

The next day the Resident Magistrate advised that he had paid £200 to Hohepa Hikairo on account.43

Because the 60 days notice of removal of restrictions on sale of the block had expired, the Governor lifted the restrictions insofar as a sale to the Crown was concerned in May 1886.44

This removal of restrictions was written on to the transfer document which was prepared at the same time.45 When forwarding the document to the Resident Magistrate, the Under Secretary explained that

when the difficulty with Mr Mackay has been disposed of, you may on receipt of instructions by telegraph complete the purchase at once.

I notice in the agreement that Hohepa requires reserved two old burial grounds containing together not more than 21 acres. You can give him an undertaking that this will be done under Sections 227 to 229 of the Land Act 1885 on the completion of the purchase. To except them in the Memo of Transfer would necessitate a division survey and other delays before our title could be registered.

As no deduction is made from the consideration money on account of these reserves, they will have no marketable value to Hohepa, but they will always remain Native burial grounds subject to the provisions of the Land Act 1885.46

In June 1886 Mackay responded to the request for a valuation of his interest in the block. He again set out the history of his transactions with Hohepa Hikairo, then continued that

Respecting the value of the interest I have acquired over the block, it is a rather difficult question to determine. The Government have arranged to give the native owner five shillings per acre for it, equivalent to £1725. Under my lease I would have paid £2100 for rent alone, irrespective of the royalties on timber metals and minerals. If Messrs Jagger and Parker had purchased the kauri timber from me at the price (£833–6–8d) mentioned by them in their letter of the 14th June instant, copy whereof is enclosed, the lessor would have also received one seventh of it, or 119–1–0d. The amount of royalty payable to the lessor on metals or minerals might eventually have been very large, or nothing at all according to circumstances. But for the action of the Government in placing the land under Proclamation, I would willingly have paid ten shillings per acre for it.

As regards my side of the case, there are from 700 to 800 acres of land fit for agricultural purposes within the block. There are 4 million feet of kauri timber, and from 300 to 400 acres of white manuka timber on it, and gold has been discovered there.

42 Telegram Under Secretary Native Department to Resident Magistrate Thames, 18 May 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.61–62.

43 Telegram Resident Magistrate Thames to Under Secretary Native Department, 19 May 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.63.

44 Approval of Governor, 19 May 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.64.

45 Auckland Deed 1605. Supporting Papers #A186.

46 Under Secretary Native Land Purchase Department to Resident Magistrate Thames, 22 May 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.65.

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The value of the goodwill of the lease may be estimated at £300 for the land only. The kauri timber, less the royalty to the native owner, at £714–5–8d.

White manuka timber is worth Li per ton measurement delivered at Auckland. From this has to be deducted the cost of cutting, carting and shipping, However at a very low estimate it is worth £1 per acre or say £300 for the whole of it.

The gold and other metals or minerals are an unknown quantity, and may be valuable or otherwise. I took the lease under the impression that they formed a very important item in the concern.

I consider the total value of the lease to me to be about £1500, but taking account of rent and Native duty payable, and all other circumstances, my opinion is that I am entitled to £ moo in compensation for the loss of my rights.47

The reaction by the Under Secretary was that

I consider the claim made by Mr Mackay preposterously excessive. At the same time, as pointed out [earlier], unless the question is met and settled it will give great trouble in the future. I recommend that Mr Kenrick be requested to inform Hohepa that the Government cannot purchase the block if it is encumbered with Mr Mackay's agreement, and that he must take measures to dispose of this matter at once. As to Mr Mackay's letter, I suggest that he be thanked for the information and informed that the amount he proposes as the value of his claim, the legality and equity of which remains to be tested, places it beyond the power of the Government to entertain.48

This course of action was put up to the Cabinet, which agreed.49 Mackay was informed accordingly, the letter referring to Mackay's "alleged" lease.50

The Resident Magistrate was then instructed to proceed with the purchase of the block, paying no regard to Mackay's claims.51 At about this time the Resident Magistrate died. and

the Clerk of the Court, Charles Dearle, suggested that he might complete the transaction. To do this a replacement officer was needed to hold the imprest monies, and an interpreter had to be employed.52 But he was advised that

matter is not very urgent and can stand over until Mr Kenrick's successor has been appointed, or some officer of the Department can visit District.53

In August 1886, James Mackay, disputing the Under Secretary's description of his "alleged" lease, sent a copy of the lease to the Native Minister. He added that

I am willing to consent to any fair proposal for a settlement of the difficulty or to submit it to arbitration. I am however determined not to relinquish my rights, or tamely bow down under that which you will, on inquiry and mature consideration of the case, discover to be a most flagrant injustice to me, irrespective of the native owner.54

47 James Mackay, Auckland, to Native Minister, 17 June 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.66–79.

48 Underunder Secretary Native Department to Native Minister, 5 July 1886, on cover sheet to file NLP 1886/232. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #362.80–81.

49 File note, 12 July 1886, on cover sheet to file NLP 1886/232. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.80–81.

50 Under Secretary Native Land Purchase Department to James Mackay, Auckland, 16 July 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.82–83.

51 Under Secretary Native Land Purchase Department to Resident Magistrate Thames, 21 July 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #362.84.

52 Telegram Clerk of the Court Thames to Under Secretary Native Land Purchase Department, 5 August 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.85–87.

53 Telegram Under Secretary Native Land Purchase Department to Clerk of the Court Thames, 6 August 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.88.

54 James Mackay, Auckland, to Native Minister, 2 August 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #362.89–94.

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He was told that

The Government, after careful consideration of the matter, are unable to recognise that you may have any claim upon the block.55

In September 1886 Hohepa Hikairo sold Wharekawa East 2 to the Crown for £1,730–5–0d (i.e. 5/- per acre).56 Although a new Magistrate, HA Stratford, had been appointed, it was Dearle, the Clerk of the Court, who had undertaken the negotiations with Hohepa Hikairo. Stratford reported that

Mr Dearle informs me that he was able, after some little discussion, to get the native to agree to take his reserve in one place.57

After the negotiations Stratford had signed the transfer, and had also provided written confirmation of the Crown's intention to provide the burial ground reserve.58

One week after the Crown had purchased the freehold, Mackay met the Native Minister, and then wrote the Minister a letter in which he modified his position. Where in a previous letter in April 1886 he had stated that he had been prepared to match the Crown's offer of 5/- an acre for the block in March 1886, just before Hohepa Hikairo returned to Thames to negotiate with the Resident Magistrate, he now stated that

I offered the owner ten shillings per acre and he telegraphed to Mr Kenrick to ascertain if he would give that sum.

Mackay also wrote that

With reference to our conversation this day respecting my lease of the Wharekawa East No z block, and your statement that you "did not object to my exercising my rights under the lease". On mature reflection I have come to the conclusion that the action of the late Warden Kenrick has been such that it has placed great difficulties in my doing so thus.

Mr Dufaur was the solicitor employed by the native owner and myself in the matter, and he had the two office copies of the lease in his possession, I having the original. By some representations he gave up the two copies to Mr Kenrick, without my permission having been first obtained.

The interference of the Government with the land has also prevented my paying the Stamp and Native Duty, which at double rate for being overdue, will now amount to £300. The New Zealand Timber Company, who had arranged to find the funds, now decline to do so, from the fact of the Government having purchased the land. ...

The Government, as I understand, have purchased the land at the rate of five shillings an acre, whereas I was willing to have paid ten shillings an acre for it, but they informed me that "the restriction on alienation would not be removed in the case of a purchase by a private individual". The Government further protected themselves by proclaiming the block as being subject to the provisions of the Government Native Land Purchase Act, which effectually barred any private negotiations for it, and also compelled the native to sell to the Crown on their own terms.

Under the circumstances of the case, and the difficulties which have been placed in my way in the matter of registering my title, by the Crown having possession of two copies of my lease, I make the following offer, without prejudice, viz,

55 Under Secretary Native Land Purchase Department to James Mackay, Auckland, 14 August 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.95.

56 Auckland Deed 1605. Supporting Papers #A186.

57 Resident Magistrate Thames to Under Secretary Native Department, 16 September 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.96–99.

58 Agreement dated 16 September 1886, attached to Resident Magistrate Thames to Under Secretary Native Department, 16 September 1886. Maori Affairs Head Office file MLP 1887/201.

Supporting Papers #B62.96–99.

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I will give up the agreement for a lease made between Hohepa Hikairo and Mr George Symington (on which the native received £5), also the original of the lease to myself, and will give every facility for completing the title of the Crown, for the sum of £300. I am well aware that it is not your wish to do any injustice to my person, or to a man struggling with adversity as

I am, but I cannot avoid expressing the opinion that if the action of the Government towards me had been that of a private person instead, it would have been universally condemned, as no wrong had been done to Hohepa Hikairo by me, or was there any dispute between us calling for or warranting any outside interference, or attempts to invalidate my lease.59

The Native Minister was briefed by the Under Secretary.

Acting upon the advice of the late Warden Kenrick, the Government have refused to recognise Mr Mackay's claim to Wharekawa and have purchased from the native owner irrespective of Mr Mackay's alleged rights. I have felt all along that apart from the legal or equitable value of Mr Mackay's claim it was sufficiently tangible to establish a grievance and give a great deal of trouble, and with your approval I wrote to Mr Mackay asking what value he placed upon his alleged interest, and he replied £1500 but was willing to accept L000. He now states that there are difficulties in the way of exercising his rights, and expresses his willingness to accept £300 and relinquish his rights. Mr Mackay alleges that Mr Kenrick in his reports did not accurately represent his side of the case, and he presents his claim very strongly in the letters he has written. Under all the circumstances I think Mr Mackay's present proposal might be entertained. The purchase having been made from the native on very favourable terms, I think the Government could afford to offer £250 in settlement of this alleged claim, and to get rid of a grievance which would prove troublesome if not costly.60

The Native Minister agreed,61 and Mackay accepted.62 The documentation provided for Mackay to surrender his lease to the new owner, the Crown, plus all other rights of any kind he held to the block. Mackay, Hohepa Hikairo and the Resident Magistrate completed the signing of this deed of release at the end of October 1886, and the earlier lease documents were handed over to the Crown.63

Trust Commissioner Alexander Mackay certified the sale of the freehold title in October 1886.64 Hohepa Hikairo stated to the Trust Commissioner in a statutory declaration that the money had been paid to him, that he was not holding the land in trust for other Maori, that he had adequate other lands (1500 acres at Tairua and io acres at Thames), and that he had no complaints to make over the transaction.65

Wharekawa East 2 was declared Crown Land in May 1887.66

In June 1877 the Under Secretary advised the Assistant Surveyor General about the 21 acres to be reserved as a burial ground.

59 James Mackay, Auckland, to Native Minister, 23 September 1886. Maori Affairs Head Office file MLP

60 Under Secretary Native Land Purchase Department to Native Minister, 6 October 1886, on cover sheet to

file NLP 1886/376. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.105–106.

61 File note by Native Minister, 7 October 1886, on cover sheet to file NLP 1886/376. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.105–106.

62 Under Secretary Native Land Purchase Department to James Mackay, Auckland, 9 October 1886, and Telegram James Mackay, Cambridge, to Under Secretary Native Land Purchase Department, 18 October 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.107 and 108.

63 James Mackay, Cambridge, to Native Minister, 30 October 1886. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.109–121.

64 Auckland Deed 1605. Supporting Papers #A186.

65 Application to Trust Commissioner, and Statutory Declaration by Hohepa Hikairo, 16 September 1886. Maori Land Court Hamilton Block Orders file H556. Supporting Papers #K40.3–5.

66 New Zealand Gazette 1887 pages 675–678. Supporting Papers #W20.1–4.

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[It] is to be made under Sections 226 to 229 of the Land Act 1885. It is not to be Crown granted nor is [it] intended that in making the reservation the fee of the land should pass away from the Crown.67

It was located on the northern head of the entrance to Wharekawa harbour. A description of the reserve was provided, and the Under Secretary for Crown Lands was asked to reserve the 21 acres.68 The land was then reserved under the Land Act as a "burial ground for the use of aboriginal natives."69

Part of the wahi tapu was declared a wildlife refuge in 1967.70

Wharekawa East 3

This block was awarded to Miriama Pehi Pukukauri, Tautoru Tawa, Nikorima Poutotara and Hori Kerei Tuokioki, without any restrictions on alienability.

A survey plan was prepared by HG Clarke in October 1873, which showed that Wharekawa East 3 had an area of 5089 acres.71

Timber Lease of Wharekawa East 3

The owners leased Wharekawa East 3 in October 1873 to James Wathen Preece and William Australia Graham. The lease, for which payment of £50 was made, was for timber cutting and milling, and for driving logs down rivers, during its 45 year term. Rent was to be 1/- per year "if demanded", and the lease could be given up by the lessees on one month's notice. William Grace and William Young were the interpreters.72

When the lease was forwarded to the Trust Commissioner, Puckey, Native Agent at Thames, acted on the Commissioner's behalf in obtaining a statement from three of the four owners that

Those are our signatures. The consideration money mentioned in the deed has been paid equally to the Grantees, that is to say we three have had our shares. HK Tuokioki has no yet had his share, but we know that he is willing to execute the lease on the conditions contained therein. We four whose names are mentioned above are the Grantees, and do not hold the property in trust. The deed was interpreted to us and we are perfectly satisfied with the arrangement.73

The deed was returned for Tuokioki's signature to be added. When this was received, the lease was certified by the Trust Commissioner in January 1874.

A similar sequence of subsequent events applied to this lease as applied to the lease of Wharekawa East 1.74

67 Under Secretary Native Land Purchase Department to Assistant Surveyor General, 6 June 1887, and Assistant Surveyor General to Under Secretary Native Land Purchase Department, 17 June 1887. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.122 and 123–124.

68 Under Secretary Native Land Purchase Department to Under Secretary for Crown Lands, 24 June 1887, on cover sheet to file NLP 1887/201. Maori Affairs Head Office file MLP 1887/201. Supporting Papers #B62.125.

69 Temporary reservation: New Zealand Gazette 1887 pages 911–912. Supporting Papers #W20.5–6. Permanent reservation: New Zealand Gazette 1887 page 1149. Supporting Papers #W20.7.

70 New Zealand Gazette 1967 page 1857. Supporting Papers #W77.1.

71 Hamilton Maori Land plan 2973. Supporting Papers #N96.

72 Auckland Deed 833. Supporting Papers #A75.

Hamilton Land Registry Lease 168. Supporting Papers #Q160.

73 Statement by Miriama Pehi, Nikorima Poutotara and Tautoru Tawa, 31 October 1873. Papers for Application 1873/179. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #M1.68–74 at 72–73.

74 Hamilton Land Registry Lease 168. Supporting Papers #Q161.

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Purchase of Wharekawa East 3 to the Crown

In March 1874 Miriama Pehi complained that she had not received money owed to her by James Mackay for the sale of a block she described as Tairua 2.75 Mackay responded that

There is no such block as Tairua No 2. Wharekawa No 3 is perhaps the land alluded to. The parties were paid nearly the whole amount in December 1872. Since my return from Waikato, Miriarna Pehi has received balance and signed deed, which is completed except the signature of one grantee (the same man as in Puketui).76

All interests in Wharekawa East 3 were purchased by the Crown in a deed dated April 1875.77 The purchase price was £337. The Trust Commissioner, on receiving the deed for certification, forwarded it to Puckey, Native Agent at Thames, for him to make inquiries. He returned the deed one year later, noting that he had examined all the vendors except for Miriama Pukukauri, who had not visited Thames since she had received the deed.78 The Commissioner ascertained that Miriama lived at Whitianga, then two weeks later certified the deed, in March 1877.

Wharekawa East 3 was declared Crown Land in July 1879.79

Wharekawa East 4

This block was awarded to Matene Te Nga and 9 others. There were no restrictions on alienability.

The block was surveyed in 1898.80

Wharekawa East 4 (with the exception of 4c3A) remains Maori Land.

Wharekawa East 5

This block was awarded to Kapihana Te Tuhi and 9 others, without any restrictions on alienability.

The block was surveyed in 1898.81

Wharekawa East 5 remains Maori Land.

75 Miriama Pehi, Whitianga, to Auckland Provincial Superintendent, 2 March 1874. Maori Affairs Head Office file 1874/137. Supporting Papers #B15.1–3.

76 File note by J Mackay, undated (probably 31 October 1874), on Auckland Provincial Superintendent to Native Minister, 9 March 1874. Maori Affairs Head Office file MLP 1874/137. Supporting Papers #B15.1–3.

77 Auckland Land Registry Transfer 1256. Supporting Papers #Q14.

78 Native Agent Thames to Trust Commissioner Auckland, 17 February 1877. Papers for Application 1875/131. Trust Commissioner Auckland's 1875 Papers. Supporting Papers #M10–22 at 15–22.

79 New Zealand Gazette 1879 pages 913–916. Supporting Papers #W12.11–14.

81 Hamilton Maori Land plan 3006. Supporting Papers #N105.

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WHITIPIROURUA

5 Hauraki Minute Book 3 page 401. Supporting Papers #39.1.

CREATED ID January 1873

Hauraki Minute Book 8 page 188

AREA 1245 acres

PLAN Hamilton Maori Land plan 2569 SOLD TO CROWN 18 December 1875

Investigation of Title

An application for investigation of title was made by Paora Waihi and Ripeka Titiparu of Ngatikaraua in May 1869.' On the same day they notified that they had borrowed from

Daniel Joseph O'Keeffe of Shortland, Thomas Logan, master of the steamship Hero, Michael Hannaford of Auckland, and Edwin Torrens Brissenden of Auckland the sum of

£65, "for the purpose of paying the costs of surveying and other costs attending the investigation of our claim."2 The agreement was signed the same day a similar agreement was signed with the claimant for Wharekawa East Block.

O'Keefe, Logan, Hannaford and Brissenden in turn sold the debt on this and four other

blocks to the Crown in September 1872.3 This meant the owners then owed the Crown for the survey and other costs. The total amount owed by the owners of the five blocks was rzio5,

but the Crown had purchased the debt for a total £1700. This was distributed pro rata between the five blocks. The amount owing on Whitipirorua, £52„ was treated as an advance

on the purchase price.

Whitipirorua first came before the Court in January 1870. Ripeka Titiparu of Ngati Karaua told the Court that

This particular piece belongs to the Ngatiwhakarua [hapu] of the Ngatikaraua tribe, and I am the principal claimant. The whole of the Ngatikaraua have no claim to this, only the hapu Ngatiwhakarua. ... My father Kawhero lived and cultivated on this. ... 4

The following month Edward Tole, a surveyor, said that

I went on the ground. Timoti and some other natives accompanied me. The principal claimants to the land are Ripeka and others. We saw a great number of natives when we went on to the land. There was no survey made of this land, it would take about three or four weeks to do so.'

1 Application for Investigation of Title, 24 May 1869. Maori Land Court Hamilton Block Orders file H198. Supporting Papers #K31.1.

2 Agreement signed by Paora Waihi and Ripeka Titiparu, 4 May 1869. Hamilton Maori Land Court Block Orders file H198. Supporting Papers #K31.2.

3 Turtoth Deeds, Deed 349, pages 433-436. Supporting Papers #T2.75-78.

Turton:s Deed Plans. Supporting Papers #T3.51-54.

4 Coromandel Minute Book i page 202. Supporting Papers #.4.17.

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The Court then told Mr Davis that

it had carefully considered the matter of the granting orders for [blank] in Whitipirorua. One half of the original block had been cut off and, if an Interlocutory Order had been granted for this block at Kapanga, a great difficulty would have arisen, and that after having given it most careful consideration, it could not see its way clearly to giving orders, but if only one survey ...6

Tole completed his survey of the block by August 1872.7 In September 1872 he told the Court that

I made the survey of Whitipirorua. It is in accordance with the Rules of the N.L. Court. The lines are all cut and angles pegged where necessary. Wheke and Timoti pointed out the boundaries. There was no opposition to the survey. I have no claim for survey. I undertake to make any necessary corrections. There has been other land in the vicinity surveyed.8

In October the checking of the survey plan found that one bearing was incorrect, and it was returned to Tole for correction.9

The title to Whitipirorua was investigated by the Court in conjunction with the investigation of the Hikutaia, Whangamata and Tautahanga blocks during November and December 1872.

Title was awarded to 9 persons in January 1873, to be issued once the survey plan had been approved.10

Sale to the Crown

In December 1875 the owners signed a deed of sale of Whitipirorua to the Crown." The purchase price was £184–10–0d, which was equivalent to nearly 3/- an acre. The deed transferred to the Crown "all that piece or parcel of land ... with all the rights and appurtenances thereto belonging, to hold ... for ever". There is no Maori translation forming part of the deed, but John Guilding declared that before the owners signed he "did faithfully interpret the [deed] to them in the Maori language and that my translation was correct and was understood by them."

In July 1877 Mackay reported that

Whitipirorua Block was granted to nine persons; five have executed the deed, one objects to do. so, and three are absent from this district.12

The Crown in May 1878 notified that monies had been paid for interests in the Whitipirorua Block, and that purchase of the block was being negotiated by the Government.13

The deed was certified by the Trust Commissioner in October 1878.

The purchase of the block by the Crown was notified in February 1879.14

6 Hauraki Minute Book 3 page 401. Supporting Papers #J9.1.

7 Hamilton Maori Land plan 2569. Supporting Papers #N51.

8 Hauraki Minute Book 7 page 203. Supporting Papers #J13.18.

9 Hamilton Maori Land plan 2569. Supporting Papers #N51.

10 Hauraki Minute Book 8 page 188. Supporting Papers #J14.26.

Order of the Court, 10 January 1873. Hamilton Maori Land Court Block Orders file H198. Supporting Papers #K31.3.

11 Auckland Land Registry Transfer 2007. Supporting Papers #Q19.

Auckland Deed 1043. Supporting Papers #A93.

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

13 New Zealand Gazette 1878 pages 600–608, at page 60 Supporting Papers #W11.1–9.

14 New Zealand Gazette 1879 pages 292–293. Supporting Papers #W12.11–14.

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AHUROA

CREATED Hauraki Minute Book 8 pages 213-214 and 227-229

AREA Ahuroa - 400 acres

Ahuroa i - Soo acres

PLAN Hamilton Maori Land plan 2993

To enable the survey of Ahuroa to be carried out, James Mackay, the Crown land purchase officer, advanced fso to Natanahira Te Hurupa in November 1872, using his interest in a block then known as Pukerangiora as security. Additionally, £2o had been advanced to Natanahira the month before.1 A survey plan was then prepared2

When the. title was investigated, the Court was asked to make two awards. It created an Ahuroa block and an Ahuroa 1 block. Ahuroa I was made a reserve under Section 17, to be inalienable by sale or other disposition.3

Crown Purchase of Interests in Ahuroa

The Crown in May 1878 notified that monies had been paid for interests in Te Ahuroa, and that purchase of the block was being negotiated by the Government.4

In January 188o Wilkinson reported that

Since my last report, one other signature has been obtained to this deed. Some of the Grantees live at Mercury Bay and others at Coromandel, and the only chance of getting their signatures is when they come here (which is seldom) or by going myself to their settlements.5

At this time only 2 of the 14 Grantees had signed the Deed. The Under Secretary commented that "Mr Wilkinson should visit Coromandel and Mercury Bay at once and endeavour to close these purchases".6

In a deed dated December 1881, interests of it of the 14 owners in Ahuroa block were purchased by the Crown, with owners putting their names to the deed during the time that George Wilkinson was land purchase officer.? Presumably Wilkinson obtained their signatures by pointing out the advances made to Natanahira Te Hurupa in 1872.

1 Auckland Deed 1358. Supporting Papers #A135.

2 Hamilton Maori Land plan 2993. Supporting Papers #N1o4.

3 Hauraki Minute Book 8 pages 213-214 and 227-229. Supporting Papers #114.32-33 and 34-36.

4 New Zealand Gazette 1878 pages 600-6o8, at page 6o5. Supporting Papers #WI1.I-9.

5 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 188o/58. Supporting Papers #1325.1-4.

6 File note by Under Secretary Native Land Purchase Department, undated, on Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head

Office file MLP 1880/58. Supporting Papers #1325.1-14.

7 Auckland Deed 1358. Supporting Papers #A135.

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Thames and Hikutaia District: Hihi and Piranunui

"Hihi or Piraunui" was heard by the Court in December 1872.5 Karauna Hou's party was represented by Preece, while Kapihana Te Tuhi's party was represented by Hoani Nahe. Karauna Hou of Ngati Maru told the Court that

I know the land before the Court and pointed out the boundaries or part of them. I went with the surveyor as far as Otamarangi and left Waitai to show the rest. There was some opposition to the survey before I went there. When I heard of the dispute I went with the surveyor and told him not to go beyond the ridge. I claim through my ancestor Matau who got it through conquest. This is the ancient boundaries of the land belonging to Matau. Hahamoe's land was separate from Matau's. This was Matau's piece. Descendants of Matau have always lived on this land. Matau lived, died and was buried at Kahe [an adjoining block]. I have cultivated south of Piraunui Stream, and have bush clearings near it. I have dug gum on the greater part of this land. Kapihana never ... gum there, Kapihana told me not to dig gum the other side of the range shown on this map. I was working at the south side of Puiraunui at the time when he told me I was not to cross the range to dig. John Guilding was with me the time I was digging gum. Kapihana did not tell me personally but told others of the Ngatimaru. I made arrangements with the government about digging gold on this land. Karauria Waitai and myself gave up the piece of land before the Court and before it was surveyed to the government. I did not hear if Kapihana gave up his land. We received £60 from Mr Mackay, and I never heard if Kapihana disputed about our having the money. It was generally known that these were the boundaries of the land we had sold for goldmining purposes.

I first engaged Mr Berry to survey the land. I was not there when the survey commenced, but went there afterwards. It was arranged that one person should not dig gum on another person's land. When the pakehas first came, everyone dug gum where they liked, but afterwards it was arranged that they should only dig gum on their own pieces. I do not know of Paratene or any others digging gum. The surveyor did desist from surveying because Kapihana stated his claims, and a meeting took place here at ... Tautoro described the land on the sand. I did not hear that the Runanga agreed to the boundary laid out by Tautoro. I heard that the Runanga decided to go to the land to point out the boundaries there. One party went but did not see anyone there. Kapihana went in the morning, our party went later in the day. Monday was the day appointed.

I do not know why the Runanga was not present. It was not that I was angry with them they did not go there. Kapihana and our party stayed on the ground one night. I never told the Runanga not to go there. There was nothing said about the boundary.6

Henry Rowe, the surveyor, gave evidence that

I surveyed the land before the Court. Periki and Waitai pointed out the boundaries to me. I commenced at the Waiharehare Stream. When I came halfway on the straight line shown on the plan, Kapihana told me I was wrong. Periki told me to do what Kapihana said. Next day Periki and Waitai took up the pegs where Kapihana told me to go, and said ... he said was wrong, and that I was to continue the straight line. I wrote to Karauna about the survey. He and Mr Guilding came. Kapihana ... took me up ... back Kaihana was disputing about a large stone on a sharp peak near Otamarangi called Te Puke. Kapihana said his land was outside the stone which is outside the boundary of this land. Matene, one of Kapihana's party, said the ridge was the boundary, and that Kapihana was wrong.7

John Guilding told the Court that

I was trading and residing at Hauraki some time ago. I saw Karauna's people digging gum about Piraunui Stream. Kapihana's people were digging gum on the other side of the range. I was buying gum from Karauna's party only. Kapihana sold his gum to Mr McCaskill. Kapihana's

5 Hauraki Minute Book 9 pages 40–58. Supporting Papers #J15.9–27.

6 HaurakiMinute Book 9 pages 40–42. Supporting Papers #J15.9–11.

7 Hauraki Minute Book 9 pages 42–43. Supporting Papers#J15.11–12.

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party were the only persons digging gum at that time. Meremana and party were digging gum at Waiwhakaurunga. I do not know whether the natives were digging gum on anyone's land.8

Supporting evidence that the block belonged to Matau was given by several witnesses. James Mackay gave evidence that

I was Civil Commissioner some time ago and had to negotiate lands for the opening of a Gold Field. I recognise the land on the plan. This land was opened for goldmining. It was included in a block called Otunui. The boundary commenced at Waiwhakarongo River called Awaiaki, thence to Kirikiri River. A notice was put up at Patauha showing the boundaries. Kapihana was present when the boundary lines were cut, and very particular about the boundaries as it would affect his miners' rights. Kapihana never disputed the boundaries as described.

I only spoke of the names of places in negotiating for a Gold Field, and not the names of the people. The notices were put up to enable the miners to get their miners' right registered for either block. I understood that Kirikiri ... to Kapihana and his people. I saw his people there. There was a post put up at Matetoke called it the Kirikiri block, the reason the post was put up at Pataua because it was the boundary of Kapihana's land. The reason the post was put up at Matetoke was that Kapihana belonged to the same claimants as the adjoining lands. The whole of the lands below Puriri was divided into blocks and those tribes who were found to be similar were all joined together in one block. I do not know of Hoterene being the owner of Kirikiri. Kapihana is the owner that I know of. Hoterene may have some small cultivations there. I do not know of Karauna been owner of Karaka. WH Taipari, Te Matenga, Waitai and several others went up to put those posts. Kapihana was present when I ran a line from Ratana to Omahu.

Kapihana spoke on behalf of his people, not for himself. He clearly stated that the land northwest of the Waiwhakarongo River belonged to Ngatimatau, he never made any claim over this land, he said that land near Patau belonged to N' Whanaunga.8

The counter claimants then put their case. Kapihana Te Tuhe said he was of Ngatitehauiti, and also traced his genealogy back to the original inhabitants Ngati Hako. He claimed the block through his ancestor Tahai.

I planted potatoes there when Urongho pa was taken. I give the names of my land which has been included in this survey, commencing at Tepapatamarake, on to Waiperehere, on to Parau. to Waitakipuha, to where it joins into the Piraunui Stream. Boundary further described. When the Runanga went there that Tautoru spoke of, I went on to the land.

Waitai met me on the hill on my return from the Runanga. Waitai told me he and Kaumu had a conversation, Kaumu said he had been pointing out the boundary. Kahumu belongs to tribe branch of Ngatimaru, that is how Waitai knew the boundaries were wrong, because Kahumu told him so. We then went to Kahumu, he said he had not pointed out the boundaries to Waitai. Perike had been to Kaumu about it. Kaumu said he did not wish to have anything to do about pointing out the boundaries, but I should do so. I heard what Mr Mackay said yesterday about my putting up the poles. The boundaries were not pointed out at that time.

They were boundaries for goldmining purposes, I do not know what object the Europeans had for laying out the boundaries. I was to receive the miners' rights on the side of the Kirikiri range, and Karauna the Whakaorongo side. ... Otamaraki is right on the boundary of this land. It was before the arrival of the Europeans that I cultivated there. I left it at the time of Ngapuhi invasion. I have never or my people cultivated there since.

I know nothing of Mr Mackay's boundary. The boundary I know of is from Patawa to Otamaraki.

8 Hauraki Minute Book 9 page 43. Supporting Papers #J15.12.

9 Hauraki Minute Book 9 pages 48–49. Supporting Papers #J15.17–18.

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I have a claim to the land through the cultivation of Ngatihako there. Ngatihako's descendants are now cultivating at Kirikiri, they ceased to live and cultivate on this land in the first Governor's time. ... I do not claim through Ngatihako, but Tahai. Tahai lived on the land.10

WH Taipari gave evidence that

I assisted Mr Mackay in making arrangements about gold digging on this land. It was the outside boundary of the Godlfields that the natives had to do with. There was olden boundaries going up to the mountains, but it was not those boundaries the natives ceded to the Government. After the land was handed over to Mr Mackay and Taipari, it was divided into four portions, the Maoris had not to do with the subdivision line going towards the mountains, but the outside boundaries. No Maoris went when the boundaries from Poutana to Kaikirikiri was marked off but myself. The reason I was there was I was assisting Mr Mackay in laying out the Gold Field. No Maoris went when the boundaries of Matekohe to Omahu. The boundaries to whom the land belonged had nothing to do with the boundary lines. I know the line coming from Waiwhatawhata to Poutana. The whole of the lands coming down from there to the ridge does not belong to Ngatimatau. Awaiki and Parawai does not belong to them ... It is false what the Ngatimatau say, that no one else have land within these boundary [sic]. I do not know if Mr Mackay ever went at Poutana without me. When Mr Mackay went to survey the Kirikiri Stream was the first time Mr Mackay went there. Neither Waitai nor Matenga were there when the boundary was laid out at Poutana, nor Kapihana. A conversation spoken of by Mr Mackay did not take place when the boundaries were laid out, but at Mr Mackay's house. I know that the notice on the boards meant that the pakehas were not to go beyond without getting their licences endorsed. The blocks were laid out in that manner that the owners might have the proceeds of the miners' rights. The owners had nothing to do with laying out the lines, but Mr Mackay and myself did it at the best of our knowledge. If gold was found in any of the pieces, the money of the miners' rights were paid to the person who owned them. The whole of the land up to Matatoke did not belong to Kapihana.11

When all the evidence had been completed, the Court adjourned for an hour, and then gave judgement in favour of Karauna Hou's party, without giving any reasons. io names were placed on the Certificate of Title.12

Hoani Nahe and others applied for a rehearing.

We have claims within (the boundaries of) these lands. The survey was incorrect and intentionally dishonest. It was brought round through the centre of our land, thereby taking Te Ranga into the map of Hihi and Piraunui. We therefore ask you to accede to the request we now make to you. Our old men did not arrive at the Court in time owing to the distance from their homes. They live near Waikato. They arrived immediately after the Court had closed (the case). The reason why they did not arrive sooner was that they expected the Court would sit longer. The Court commenced the investigation of the Hikutaia Whangamata and Otahu [sic] blocks on the 15th of November 1872, and it was thought the investigation would have taken more time, but it was concluded on the r9th of November 1872.

Not long after (the opening of) the Court, which opened on the 15th of November as above, Mr Fenton the Chief Judge arrived to investigate the cases subsequent to Whangamata, Hikutaia and Otahu, and the land in question was then passed.

This is another reason why they did not get to the Court in time. The sitting was advertised for the 15th of November 1872, but all the Maoris and pakehas of Shortland said that it was to be

10 Hauraki Minute Book 9 pages 49–52. Supporting Papers #J15.18–21.

11 Hauraki Minute Book 9 pages 53–54. Supporting Papers #J15.22–23.

12 Hauraki Minute Book 9 pages 57–58. Supporting Papers #J15.26–27.

Order of the Court, 6 December 1872. Maori Land Court Hamilton Block Orders file H621. Supporting Papers #K47.6.

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adjourned to January 1873, and Mr Fenton was written to for an adjournment, and he replied that it was all right, that an application should be made to the Presiding Judge when he arrived on the 13th of November 1872. The Maoris too at that time in November were all fully occupied - it was a period of very much work.

In consideration of all this, we ask you to accede to our request. It is a question of land which we ask to be investigated - a matter of supreme importance to mankind. The law too provides that a rehearing may be had with respect to land questions.13

WH Taipari had apparently seen the application before it was sent, as he noted in the margin that "I approve of this. ... Their request should be granted".

The Chief Judge, who had heard the case, was asked for a report. He explained that

The Court commenced according to advertisement on 13th November. This case was called on November 28 and commenced hearing on December 5 and lasted 2 days. Hoani Nahe opened as agent for the opponents, Taipari was a witness on the same side, but as far as I can make out the opponents were different persons from there. Kapihana Te Tuhi was the principal man. He called himself a Ngatiteaute, hapu of Ngatimaru, but as his great-great-grandmother, who called Hineahi, he may belong to the same people who now petition, but I should think not, for this Hineahi was a Ngatipakira. If the petitioners do not belong to that party, they did not appear at all at the hearing. If they do belong to them, they are in my judgement properly heard. Hoani Nahe the writer appeared as an agent. That the notice was abundant, the dates above given show.

I am unable to find any reason which would justify me in recommending that this case should be reheard.14

Nevertheless the Government decided there was "a sufficient amount of uncertainty in this case to render a rehearing advisable",15 and one was ordered to take place before February 1874.16 But no rehearing took place because

none of the Judges had been re-appointed under the Act of 1873 at the point at which these rehearings were ordered to take place.17

The order for a rehearing was subsequently considered to have lapsed with the passage of time.18

Timber Lease

Two weeks after the title to Hihi and Piraunui had been ordered, the timber on the block was sold and timber harvesting rights were leased for 99 years to Thomas Russell, William Chisholm Wilson and Captain James Stone.19 This involved a payment of £200 at the time of signing the deed of lease, and an annual rental of 5/- "if and when demanded". The lease was certified by the Trust Commissioner in July 1874.

13 Hoani Nahe and 9 others, Shortland, to Native Minister, 21 December 1872. Maori Affairs Head Office file

MLP 1884/149.

14 File note by Chief Judge Native Land Court, date not clear, on Hoani Nahe and 9 others,Shortland,to Native Minister, 21 December 1872. Maori Affairs Head Office file MLP 1884/149.

15 File note, 6 February 1873, on Hoani Nahe and 9 others, Shortland, to Native Minister, 21 December 1872. Maori Affairs Head Office file MLP 1884/149. Supporting Papers #B53.1–7.

16 New Zealand Gazette 1873 pages 157–158. Supporting Papers #W6.1–2.

17 Chief Clerk Native Land Court Auckland to Chief judge Native Land Court, 18 July 1874. Maori Land Court Block Orders file H621. Supporting Papers #K47.7.

18 Registrar Native Land Court to Chief Judge Native Land Court, 4 May 1883(?). Maori Land Court Hamilton Block Orders file H621. Supporting Papers #K47.9.

19 Timber Lease, 21 December 1872. Copy on Auckland Deed 259. Supporting Papers #A15. Turton's Deeds, Deed 369, pages 487–491. Supporting Papers #T2.129–133.

Turtons Deed Plans. Supporting Papers #T3.71.

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Thames and Hikutaia District: Hihi and Piranunui

The lease document was the formalisation of a number of earlier arrangements. The timber on this block, and Opango and Waiwhakaurunga, had initially been purchased by James Mackay, before he had become a purchasing agent for the Government. This was before a title had been ordered by the Native Land Court. Mackay paid the supposed owners of the blocks £500, and had then sold the lease to Russell, Wilson and Stone, who paid a further £1000 to the supposed owners.20

Purchase of Hihi and Piraunui by the Crown

The day after the timber lease was signed, the freehold of Hihi and Piraunui was purchased by the Crown for £700.21 Nine of the ten owners signed the deed with James Preece interpreting, and the tenth signed on an apparently different occasion, when John Guilding interpreted.

Mackay's lien over the block for £400 was cancelled with the purchase of the block by the Crown."

Hihi and Piraunui was declared Waste Lands of the Crown in June 1874.23

Intended Rehearing

In March 1884, for an unknown reason, the Registrar was asked to explain the state of the title to Hihi and Piraunui.24 He replied that matters were stayed until the Chief Judge could

decide what should be done with the application for rehearing, given that the rehearing had not taken place within the time allowed by the Order in Counci1.25

In June 1884 the Chief Judge reported on the matter.

You ask "how is the difficulty of the rehearing not taking place as ordered to be got over?" I suspect that, as the purchaser, you would like to know how the order for rehearing is to be got over. But taking the question generally. The facts to be met are that a rehearing was, under the Act of 1865, ordered to be had within a limited time and that the time elapsed without anything being done under the order. After the time limited had expired the Act of 1865 was repealed by the Act of 1873.

The words of both acts are identical as to appeal or rehearing: "Upon such order being made all proceedings theretofore taken shall be annulled and the case shall be commenced de novo.", and upon those words it was considered by the late Chief Judge that if a rehearing fell through the land lapsed into its native title, and though this view was not accepted by Mr Justice Richmond (Owhaoko Block) he only upheld the original judgement (under the Act of 1873) by reason of its 50 Section, to which he made the 58 subordinate. But as the Act of 1865 contains no such provision as that 50th section, the case does not apply and I think the title to this land did revert

20 Minutes of Tairua Investigating Committee, paragraphs 16–25. AJHR, 1875, 1–1, pages 1–71, at pages 1–2..1884. Supporting Papers #U5.1–82 at 12–13.

21 Auckland Deed 259. Supporting Papers A15.

Turton's Deeds, Deed 369, pages 487–491. Supporting Papers #T2.129–133. Turton's Deed Plans.

Supporting Papers #T3.71.

22 J Mackay, Auckland, to Chief Judge Native Land Court, 18 July 1874. Maori Land Court Hamilton Block Orders file H621. Supporting Papers #K47.8.

23 New Zealand Gazette 1874 pages 403–412. Supporting Papers #W7.4–13.

24 Accountant Native Land Purchase Department to Registrar Native Land Court Auckland, 21 March 1884

Maori Affairs Head Office file MLP 1884/149. Supporting Papers #B53.8.

25 Registrar Native Land Court Auckland to Under Secretary Native Land Purchase Department, 2 April 1884. Maori Affairs Head Office file MLP 1884/149. Supporting Papers #B53.9.

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to its "native state", and that the land is land over which the native title has not been extinguished up to this moment.

A further question is, did the Order for Rehearing under Section 81 Act 1865 annul the application for investigation of title on which the original inquiry was had? I.e. was the application a "proceeding theretofore taken"?

By Section 3 (N.L. Act 1874), the Act of 1865 is to "continue and be in force for the purpose of continuing under it any proceedings commenced under it". Now if the application was not a "proceeding" to be annulled under Section 81 by the Order for rehearing, I do not see how it could be a "proceeding" under the 3rd Section of the Act of 1874, which would carry us to Section 4 of the Act of 1873, which provides that "proceedings" commenced and in progress under the Act of 1865 shall be continued and perfected under that (1873) Act.

But after all it is of little use to speculate as to the fate of the old application when it is quite open for any of the native owners or rather claimants to put in his application under the Act of 188o and get a certificate of title ... your deed of 21.12.72, and Section 10 of the Act of 1878, because the new proceeding would not be a rehearing.

Being so deep in the subject, I my as well try to exhaust it.

Assuming the natives who sold to you to be again found to be the owners, I think the Supreme Court might compel them to complete the sale to you of 1872, provided that was a legal transaction of itself, which I assume it to have been (though afterwards avoided by the Order for rehearing depriving the vendors of all their disposable title.

But then I also assume that your old vendors received the purchase money and have nothing more to expect, and that being so I think the preponderance of evidence would e that they never had any right in the land, and that it belonged to persons who had received no money.

Was the order for rehearing gazetted, and did it come to the knowledge of Hoani Nahe? If so, why has he let the matter rest this last twelve years? Perhaps he was bought out by Mr James Mackay or in some way.

As to Mr Hammond's remark that neither the late or the present Chief Judge have decided in what state the land is, etc, I may say I have not attempted to decide for I saw a ghost which I did not care set walking, and though I know nothing of "proceedings being stayed", it would hardly do to issue the certificate to the Colonial Secretary (Section 9 Act '66) without reminding him of the Order for rehearing.26

This opinion was passed to the Native Minister, who decided that Upon the whole, I think it will be best to allow the matter to "sleep".27

26 Chief Judge Native Land Court to Under Secretary Native Land Purchase Department, 16 June 1884.

Maori Affairs Head Office file MLP 1884/149. Supporting Papers #B53.10–13.

27 Native Minister to Under Secretary Native Land Purchase Department, 11 August 1884, on Chief Judge Native Land Court to Under Secretary Native Land Purchase Department, 16 June 1884. Maori Affairs Head Office file MLP 1884/149. Supporting Papers #B53.10–13.

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Thames and Hikutaia District: Hikutaia

claimants and counter claimants "came over with the conqueror", or rather with the conquerors, and one ... circumstantially related conquests which the other had never heard of.

In his judgement, His Honour stated that he had not paid much attention to the ancestral part of the evidence, but had given weight to the evidence of residence placed before him. In particular he placed stress upon the evidence of Maraea Tiki, an old woman, who had been born and grown up on Whangamata. The area of the block was 70,000 acres, and of this Mr Mackay at the commencement of the proceedings gave up all claim to ro,000, leaving his claim about 6o,000 acres. The judgement gives to the Ngati Tamatera and Ngatihako a strip on the southern boundary of the block, the Ngati Whanaunga get the Omahu portion on the northern boundary, the remainder is divided between the Ngatikaraua and Ngatipu, each of these tribes getting the piece upon which their cultivations were at Hikutaia and Whangamata. It is difficult to state the acreage with any approach to exactness, but probably the Ngatipu claimants have been awarded about 18 ,000 acres out of the 6o,000 claimed.?

Following the judgement, the names to go on the title for each portion were considered.8 The

Court awarded Hikutaia 1 and 2 (along with Whangamata 3 and 4) to Ngati Pu. Hikutaia I was made inalienable, while no restrictions on alienation were placed on Hikutaia 2. The

ownership of both blocks was the same, with in each case io persons going on the certificate of title and a further 14 persons being registered under Section 17 Native Land Act 1867.9

Hikutaia 3 (along with Whangamata 2 and 5, Whitipirorua and Tautahanga) was awarded to

Ngati Karaua and Ngati Matau. io persons went on the certificate of title, and a further 58 persons were registered under Section 17 Native Land Act 1867.10

Hikutaia 4 (along with Whangamata 6) was awarded to Ngati Tamatera and Ngati Hako. io persons went on the certificate of title, and a further 6 persons were registered under Section 17 Native Land Act 1867.11

After the Court sitting, it was necessary first to have the block boundaries and some "necessary alterations" marked on the plan. This task had been given to Mackay by the

Judge.'2 Then it was necessary to record on the ground the boundaries of the various blocks awarded by the Court and illustrated on the survey plan. A note on the plan records that

These maps, which have just been returned by Mr Tole [after boundaries and alterations had been added], have been referred to Mr Mackay, who undertook to get the dividing lines ordered by the Court marked out on the ground. This does not appear yet to have been done, and all the Orders of the Court are delayed in consequence.13

The plan was finally approved by the Court in July 1874. This then enabled certificates of title to be issued.

A survey plan of Hikutaia 4 was not completed and approved until November 1884.14 The reason for the delay is not known.

7 Hauraki Minute Book 8 pages 161 and 163. Supporting Papers #314.1-3.

8 Hauraki Minute Book 8 pages 170-188. Supporting Papers #J14.8-26.

9 Hauraki Minute Book 8 pages 173 and 177. Supporting Papers tir and 15.

10 Hauraki Minute Book 8 pages 183-185. Supporting Papers #J14.21-23.

11 Hauraki Minute Book 8 pages 180 and 18z. Supporting Papers #J14.18 and zo.

12 Note by Judge Munro, ro January 1873, on Hamilton Maori Land plan 3033-9. Supporting Papers #N1o9.

13 Assistant Survey General to Inspector of Surveys, 23 September 1873, on Hamilton Maori Land plan 3033-9. Supporting Papers #N1o9.

14 Hamilton Maori Land plan 5897. Supporting Papers #N183.

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Crown Purchase of Hikutaia 2 and 3

Hikutaia 2 was purchased by the Crown from its Ngati Pu owners for £555 (i.e. approximately 4/8d an acre), the deed being dated two days after title had been ordered by the Court.15

Hikutaia 3 was purchased by the Crown for £1200 (i.e. approximately 4/4d an acre) from its Ngati Te Karaua and Ngati Matau owners, including those registered under Section 17, the

deed being dated three days after title had been ordered.16 The purchase was subject to a timber lease dated the same day, granted to Richard Seccombe and John Carroll Seccombe.

Under this lease the timber on the eastern 638 acres of Hikutaia 3 in the Tairua River valley was sold for £5o, and there was right of harvesting for 21 years at an annual rental of "if and when demanded."17 The timber lease was certified by the Trust Commissioner in November 1873.18 Mackay had negotiated the lease for the Seccombes, before he had become the Crown's land purchase agent.19

Some two weeks after the blocks were purchased, Donald McLean telegraphed to Richardson that

I should be glad if you would confer with Pollen in reference to a proposal by the [Auckland Provincial] Superintendent to proclaim the Hikutaia and Whangamata lands as part of the Hauraki Gold District, to which he expects a rush. Not having seen any official report with regard to these purchases, which is I presume in your Department, I am unable to state whether a rush as anticipated would have an injurious effect on the natives or not. Kemp will have some knowledge of the case, and Gillies [Auckland Superintendent] should issue no Proclamation until you are satisfied that the way is all clear.20

Pollen, the Agent for the General Government in Auckland, advised that

I am watching the proceedings at Whangamata and Hikutaia anxiously. No Proclamation will be made by Gillies before the loth February. The natives who are declared owners of the land have sold, and are satisfied. If from any cause there should appear danger of a row, I will interfere on behalf of the [General] Government and report.21

Hikutaia 2 and 3 were declared Waste Lands of the Crown in December 1873.22

The deed for the Crown purchase of Hikutaia 3 was not certified by the Trust Commissioner until December 1884. The reason for this is not known.

Crown Purchase of Hikutaia 4

In March 1884 Wilkinson, land purchase officer in Thames, wrote to Wellington recommending the purchase of Hikutaia 4.

15 Auckland Deed 246. Supporting Papers #A4. Turtons Deeds, Deed 390, pages 537-539. Supporting Papers #1-2.179-181. Turton's Deed Plans. Supporting Papers #T3.88.

Auckland Deed 247. Supporting Papers #A5. Turtons Deeds, Deed 391, pages 539-543.

Supporting Papers #T2.181-185. Turton's Deed Plans. Supporting Papers #T3.89.

17 Timber Lease, 13 January 1873. Copy on Auckland Deed 247. Supporting Papers #A5.

18 Papers for Application 1873/12o. Trust Commissioner Auckland's 1873 Papers. Suppoting Papers #M1.37-41.

19 j Mackay to Trust Commissioner Auckland, 4 October 1873. Papers for Application 1873/120. Trust Commisioner Auckland's 1873 Papers. Supporting Papers #M1.37-41.

20 Telegram D McLean to E Richardson, 29 January 1873. Maori Affairs Head Office file MLP 1873/51. Supporting Papers #136.1-2.

21 Agent for General Government Auckland to E Richardson, 31 January 1873. Maori Affairs Head Office file MLP 1873/51. Supporting Papers #B6.1-2,.

22 New Zealand Gazette 1874 pages 1-3. Supporting Papers #W7.1-3.

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Thames and Hikutaia District: Hikutaia

I have the honour to draw your attention to the fact that there is a block of land within the Ohinemuri Goldfield containing over 3000 acres known as Hikutaia 4, which passed the Native Land Court in 1873.

So far as I am aware no steps have yet been taken to purchase this block on behalf of the Crown.

As the Government is endeavouring to obtain the whole of the freehold of the Ohinemuri Goldfield (excepting the native reserves therein), I would recommend that this block also be purchased, and would suggest that during the sitting of the Native Land Court that is advertised to take place at Ohinemuri on the 26th inst would be a good time to commence the purchase.

There are 16 owners altogether to the block, ro of whom are in the Crown Grant and 6 are registered owners.

The block is situated at the extreme northern end of the Ohinemuri Goldfield.23

No reply was able to be given to Wilkinson before the Court sitting, but the proposal was not completely forgotten. In August 1884, at the request of the Native Land Purchase Department,24 a Government surveyor reported on the block.

This block of land containing some 3000 acres is comprised in a narrow strip some six miles long by an average of sixty chains broad running from the main Thames - Te Aroha Road which touches its south west corner, easterly to the main range separating the watershed of the Tairua and Whangamata from the Hikutaia and Puriri Districts.

About Boo acres of this block is open land of poor quality of rough hilly description except some few acres in the valleys which are crossed at nearly right angles. ...

The remainder of the block is covered with mixed bush, comprising rewarewa, tawa, tow hal. rata, etc, as usually found in bushes of mixed timber.

A few kauri trees, some of them marked with H and +, are also to be found in isolated positions along the spurs on the block, the number of trees thus marked I have not ascertained, some official in connection with the County Council is now investigating this matter I believe. I should think that about 5o trees might be found available for use. A patch of small kauri, a large portion of which has been burnt, the whole useless at present for commercial purposes. is situated as shown on sketch. Apropos of these small kauri trees, I may here remark that I have been much struck by the large numbers of young trees from half and inch to a foot in diameter that clothe the leading spurs mixed with heavy manuka and rewarewa trees. I would earnestly suggest that these nurseries of the "Tamara australis" should, if possible, be preserved from the devastating hands of the firewood cutters and others.

The wholesale devastation of the small kauri trees by bushmen who fall small saplings eighteen inches or two feet through for falling road skids is greatly to be deplored and will lead to posterity writing down the present generation as the Goths and Vandals of the Barbarian age of New Zealand's early colonists.

The whole of this block may be put down as third class land at a value, exclusive of kauri trees, of from five to ten shillings per acre. A small quantity ... abutting on the main road with its patch of flat land enough for an orchard and garden being nearly all open suitable for carrying sheep, would no doubt fetch one pound or more per acre.25

23 Native Agent Thames to Under Secretary Native Department, 22 March 1884. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.i-2.

24 Telegram Under Secretary Native Land Purchase Department to Assistant Surveyor General, 8 August 1884. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.3.

25 PE Cheal, Government Surveyor, Thames, to Assistant Surveyor General, it August 1884, attached to Assistant Surveyor General to Under Secretary Native Land Purchase Department, 13 August 1884. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.4-6.

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The Assistant Surveyor General added that

I should say that it would be worthwhile giving 7/- or 8/- per acre for the land, which although broken is good soil. The fact of there being so many young kauri trees on the block points to its being suitable for a preserve for the growth of this tree.26

Despite this recommendation, no action was taken to authorise the purchase of the block.

In August 1889 the purchase of Hikutaia 4 seems to have been revived. Wilkinson was instructed on his next visit to Thames to see if the block could be purchased "for any reasonable price."27 He reported that

Have made inquiries re possibility of purchasing Hikutaia 4, and think I can buy several shares at io/- per acre. Some however want £i per acre but I think they will take less. There is or has lately been considerable mining on the block and I am informed that over £300 goldfields revenue has already been disbursed amongst owners of the block.28

In Wellington it was explained that

Hikutaia No 4 is the block which was offered through Mr Dearle for the maximum of mil- per acre. Mr Cadman was informed that Government would not give anything like that price but that further inquiries would be made. Mr Wilkinson might, I think, be authorised to offer 7/6d per acre, that was Mr Percy Smith's valuation in 1884.29

The Under Secretary reported to the Native Minister that

I do not see why we should give more than 7/6d per acre. The local bodies are of course anxious for all these purchases to obtain the revenue.3°

The Minister approved, but before Wilkinson could be instructed he sent another telegram.

I think that as there is mining going on and native revenue accruing from [Hikutaia 4], it would be a good bargain if secured at io/- per acre.31

This did not change the Crown's intent, and Wilkinson was authorised to purchase at 7/6d an acre.32 He replied two days later that

I have seen a number of the owners, but only two will agree to accept 7/6d per acre. Shall I commence the purchase by buying their shares?33

He was told to purchase the two shares on offer.34 The same day, apparently before receiving the go-ahead from Wellington, he advised that

26 Assistant Surveyor General to Under Secretary Native Land Purchase Department, 13 August 1884. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.4-6.

27 Under Secretary Native Department to Native Agent Alexandra, zr August 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #1371.7.

28 Telegram Native Agent Alexandra to Under Secretary Native Land Purchase Department, zo September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.8-12.

29 Accountant Native Department to Under Secretary Native Department, 21 September 1889, on Telegram Native Agent Alexandra to Under Secretary Native department, 20 September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.8-11.

30 Under Secretary Native Department to Native Minister, 21 September 1889, on Telegram Native Agent Alexandra to Under Secretary Native Department, zo September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.8-n.

31 Telegram Native Agent Alexandra to Under Secretary Native Department, 21 September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #1371.12-14.

32 Telegram Under Secretary Native Department to Native Agent, Paeroa, zr September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.15.

33 Native Agent Alexandra to Under Secretary Native Department, 23 September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.16.

34 Telegram Under Secretary Native Department to Native Agent, Paeroa, 24 September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #1371.17.

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Thames and Hikutaia District: Hikutaia

Have offer of two more shares Hikutaia No 4 making four altogether, and think others will follow as soon as I commence to pay the money. If you decide purchase commence, please imprest me with purchase money as soon as possible. The amount per share is £78–10–0d.35

Three days later Wilkinson sent in a further report.

One of the original owners of Hikutaia No 4 was named Hohepa Paraone Tarawerawera. He died some years ago leaving a will in favour of his nephew named Hohepa Hikairo which has been proved in the Supreme Court Auckland, and Hohepa Hikairo has made several dispositions of property the title to which he obtains through the will, amongst which was the Pukehinau block Thames, sold to Government about three years ago. Hohepa Hikairo is coming here tomorrow and is willing to sign the Hikutaia No 4 deed if I pay him the price for the share. Is there any objection to my doing this? You will remember in the case of the Pukehinau block steps were taken by which H Hikairo afterwards got a NL Court succession order to Hohepa Paraone's interest in addition to his right under the will. He has no title at present through NL Court to the share in Hikutaia No 4, but only the title under the will. I think you are aware of all the circumstances as the will was some time in Wellington re the Pukehinau purchase. Please instruct me.36

He was told that

Hohepa Hikairo must apply for succession order. Meanwhile you can let him sign the deed as devisee under the will, paying him say one half of his share now and balance when order is made. Send application to Mr Hammond [Registrar Native Land Court Auckland] and request him to gazette it for Thames Court first opportunity. There is no means of registering transmission under a will against a title of the particular class to which Hikutaia No 4 belongs, otherwise than by succession order.37

The following day Wilkinson reported that

There is another matter in connection with Hikutaia No 4 purchase about which I desire you to instruct me. One of the original owners was named Rapana Te Uia, his interest was awarded to his brother Paraku Haimona Pahora by a Court which sat at Shortland on 4th April 1877. The testamentary order is on the Court file of papers but it has never been signed by the Presiding Judge. On the order is pinned a small piece of paper on which is an unsigned minute saying that order can't be signed until boundaries have been duly defined. Several testamentary orders for other shares in this block have since been made and duly signed by Judges, but this one made in 1877 appears to have been overlooked and remains unsigned. I would suggest that the omission be rectified by Chief Judge signing order under Section 67 NL Court Act 1886 and that I get the signature and pay the money without further delay. Do you sanction this?38

The reply was that

I think that order had better be signed before you make the payment. The Chief Judge is now in Auckland and would no doubt settle matter at once if brought under his notice.39

However Wilkinson was able to advise that

After another careful search through Hikutaia No 4 papers I have found an order for share of Rapaana Te Uia deceased in favour of Paraku Haimona duly signed by Judge Munro, so that I can

35 Telegram Native Agent, Paeroa, to Under Secretary Native Department, 24 September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.18.

36 Native Agent, Paeroa, to Under Secretary Native Department, 27 September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.19–20.

37 Telegram Under Secretary Native Department to Native Agent, Paeroa, 27 September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.21.

38 Telegram Native Agent, Paeroa, to Under Secretary Native Department, 28 September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.22–23.

39 Telegram Under Secretary Native Department to Native Agent, Thames, 28 September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.24.

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now purchase the share as soon as imprest arrives. Neither Judge Scannell or the Clerk can account for the other and unsigned copy amongst the papers and subsequently to the signed one."

Wilkinson started collecting signatures in September 1889.41 In early October 1889 he explained that

I have now obtained eleven signatures to Hikutaia No 4 deed, representing 91/2 shares, leaving 61/2 still to purchase represented by five signatures. Of these Haora Tareranui and Rihitoto Mataia own 2 shares each, but they both refuse to sign at present. The other z shares are represented by three owners who are all at Mercury Bay, but will be here by and by. The half share is represented by a minor, the purchase of which will, I presume, have to be sanctioned by a Judge of the Supreme Court before it can be purchased.42

Wilkinson shortly after left the district and returned to his base at Alexandra. Later he explained that

When I was engaged here in October last getting signatures to Hikutaia No 4 deed, I made use of the services of a native named Parakau Napina, and he rendered me good assistance in seeing several of his co–owners and getting them to sell. I promised to try to get him something for his services. Please authorise me to pay him £2 out of imprest.43

This was approved.44

The three Mercury Bay based owners signed the deed at the end of October 1889. Haora Tareranui sold the interest he had succeeded to in November 1889, but not the interest he held in his own right. He did not sell this until February 1890.45 This left unpurchased the

two shares of Rihitoto Mataia, and the one–half share held by the minor.

In March 1890 the Accountant in the Native Department summarised progress with the purchase.

This purchase is now about complete. One of the deceased owners, Hohepa Paraone, left a will under which Hohepa Hikairo is devisee. Probate and administration have been granted to him. In the case of several Land Transfer titles, transmission has been registered under it, but in the present case the title is a NLC Certificate (Section 17, 1867 [Act]) and I am not aware of any means of registering the transmission except by succession order which has been applied for. This course had been adopted before but I am in doubt as to whether under the new rules it is still available.46

After seeking the Solicitor General's opinion, the ruling of the Chief Judge of the Native Land Court was that

The new rule is intended to apply only to cases affected by the Land Transfer Act 1885 Amendment Act 1889. In view of the Solicitor General's opinion, succession orders will still be necessary in respect of land under M.O. or Native Land Court Certificate.47

40 Telegram Native Agent, Paeroa, to Under Secretary Native Department, 3o September 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.26–27.

41 Auckland Deed 1744. Supporting Papers #A209.

42 Telegram Native Agent, Paeroa, to Under Secretary Native Department, 5 October 1889. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.25–26.

43 Telegram Native Agent, Paeroa, to Under Secretary Native Department, 9 June 189o. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.28.

44 Telegram Under Secretary Native Department to Native Agent, Paeroa, io June 189o. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.29.

45 Auckland Deed 1744. Supporting Papers #A209.

46 Accountant Native Department to Under Secretary Native Department, 14 March 189o, on cover sheet to file NLP 1889/302. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.30–31.

47 File ile note by Chief Judge Native Land Court, i5 March 1890, on cover sheet to file NLP 1889/302. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.30–31.

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Thames and Hikutaia District: Hikutaia

Meanwhile the Mining Warden at Thames was instructed that three signatures were out–standing, and that

An opportunity to obtain the above signatures, or some of, may present itself to you. If so will you please communicate with this office.48

In June 1890 Charles Dearle, who acted for the Mining Warden and Resident Magistrate in land purchase matters, wrote that

I can obtain the unsold interests in Hikutaia No 4 block at the rate of 10/– per acre.

Should you deem it advisable to close with this offer, the deeds, voucher and cheques might be made out to Mr HW Northcroft, Resident Magistrate and Warden, and I could have the natives ready when next he holds his sitting of Court at Paeroa, which will be about the 23rd instant.

I believe in making the above offer that it is a fair one, as should a subdivision of the block take place, I think it would be found by placing the owners into families that the number of shares would be reduced from 16 to about 12, thus giving the unsold owners a larger area.49

Wilkinson was asked for his opinion.

Confidential. Dearle writes that he can obtain outstanding signatures in Hikutaia at 10/– per acre. It may be worth while to pay this amount to avoid greater expense of subdivision. Also he suggests that by grouping families together, shares may on subdivision be reduced to about 12, which would give non–sellers larger interests. Please let me know what you think of his proposals. Their consideration had perhaps better stand over until you visit Thames again next month, and Hohepa Hikairo has obtained succession order and been paid his balance.50

Wilkinson telegraphed that

He refers to the two shares of Rihitoto Mataia, who is the wife of his brother in law Mr W Nicholls, half caste of Paeroa. He has also spoken to Mr Northcroft, Resident Magistrate Thames, about it, and Mr Northcroft told me the other day that he looked upon Mr Dearle's proposal as an attempt to get more money for the interests of his brother in law's wife than the owner [sic] got, and also a commission for himself. I have posted a memo to Mr Sheridan re my visit to Thames in which I reported fully to this matter, also the "grouping of interests" as referred to by Mr Dearle. Please suspend action until you receive my memo. Hohepa Hikairo has not got succession order yet. It is in Gazette for Thames Court in July.51

Wilkinson's fuller report was sent by post.

There are 21/2 shares yet required to complete this title. There is also a balance of £38–10–3d to be paid to Hohepa Hikairo when he obtains a succession order to interest of Hohepa Paraone Tarawerawera deceased. This matter cannot be settled until Court sits at Thames in July, as Hohepa Hikairo's application is in the Gazette for that Court.

With regard to the two unpurchased interests, they both belong to a woman named Te Rihitoto Mataia (alias Titihuia Tarakura), whose husband is Mr WG Nicholls of Paeroa and, until lately, Chairman of the Ohinemuri County Council. It was, I believe, that body that moved Government to purchase the block in order that they might get the mining revenue from it, and, unless I am mistaken, Mr Nicholls (as Chairman) either wrote to Government or stated in Council that there would be no difficulty in getting all the signatures. When I commenced the

48 Accountant Native Department to Warden Thames, 18 March 1890. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.32.

49 CJ Dearle, Thames, to Under Secretary Native Department, 10 June 1890. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.33–34.

50 Telegram Under Secretary Native Department to Native Agent, Thames, 14 June 1890. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.35.

51 Telegram Native Agent Alexandra to Under Secretary Native Department, 16 June 1890. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.36–37.

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purchase last October, I spoke to Mr Nicholls about his wife's interests and he said there would be no difficulty about them, but she did not want to sign until all the other owners had done so, more especially mentioning one of them named Haora Tareranui who also had two interests like herself. When the latter had signed, also all the owners except the trustees for the minor, I saw Mr Nicholls again, viz, during my visit to Paeroa last week, when he informed me that his wife had changed her mind and now proposed to keep her interests. From the conversation I had with him, he did not appear at all desirous that the matter should go into Court for subdivision, and when I pointed out to him in a Kahiti the Crown's application for a subdivision, he seemed rather surprised. He appeared from his manner to be trying, on behalf of his wife, to see if Government would not give more for the interest now that she is the last but one of the owners of unsold shares, and this impression was afterwards strengthened when I saw Mr Northcroft, RM at Thames, who told me that Mr Dearle, who is Mr Nicholls' brother in law, told him that he could get Rihitoto's signature if Government would pay 10/– per acre for her two interests. Mr Dearle said, it appears, something about grouping of interests which (he said) might result, on a subdivision, in Rihitoto getting more than 2/16 of the block (the proportion her interests represent according to number of owners). Mr Northcroft, who knows Mr Dearle well, told me that he looked upon his action as an attempt to get more money for his brother in law's wife than any of the other owners got for their interests, and also to secure a commission for himself, and I must say that I also am of the same opinion as Mr Northcroft. I think it would be unfair to the other owners, and prejudicial to future purchases, if Te Rihitoto is paid more for her interest before it is subdivided than the other owners got for theirs. It is sure to become known and will cause owners in blocks under purchase by Crown to all want to be last in order to get the extra money paid to a last owner.

With regard to Mr Dearle's remark about grouping of interests being favourable to Te Rihitoto,

I do not hold that opinion. It is more likely that, should the matter come into Court (which I do not think it will do), that she will have quite enough to get 2 full shares, because her father (Mataia) was alive at the time the land went through the Court, but instead of going in the grant himself he allowed his son and daughter to do so in his place. I propose, amongst other points, to raise the one that they are really only entitled to one share between them. Certainly not more than one each. I merely mention this to show that I do not pay any attention to Mr Dearle's remark about grouping of interests. The foregoing is a reply in extenso to Mr Lewis' telegram to me at Auckland yesterday, but which was repeated here.

With regard to the minor's half share, the trustees were not at Paeroa when I was there, so I did not have an opportunity of seeing them. I am writing to them however and asking them to meet me at Thames in July, when a Judge will be there, and I expect to be able to pay them the purchase money for the minor's interest on their signing the deed.52

The Native Minister agreed that

Mr Dearle be informed that the purchase is in the hands of Mr Wilkinson, who will have to attend the Court in July in connection. His offer is therefore declined with thanks.53

Wilkinson obtained the signatures of the trustees for the minor in July 189o, and the transfer of her interest was approved by a Judge of the Supreme Court the following month.54

52 Extract from report by Native Agent Alexandra, undated (June 1890). Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.38–41.

53 Under Secretary Native Department to Native Minister, 25 June 189o, approved by Native Minister, 26 June 189o, on cover sheet to file NLP 1890/194. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.442–43.

54 Auckland Deed 1744. Supporting Papers #A209.

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In September 1890 Northcroft advised that

Rihitoto wants zoo for her two interests, £42–19–6d more than you offer. I think she will take less if you are firm and authorise me to decline definitely. She and Nicholls will not care to incur expense of survey etc."

He was told,

Regret that Rihitoto's proposals cannot be consented to. Kindly ask her for a final answer by 15th [September 1890], after which date Mr Wilkinson will again take charge of the purchase and proceed with partition."

Alfred Cadman, a local Member of the House of Representatives, got involved, transmitting

an offer by Rihitoto Mataia to sell her interests for £200 to the Native Minister,57 but this approach was quickly negated58 and Cadman was told that

the other 14 shares in the land in question have been purchased for £78–10–3d each, and that the Government is unable to authorise any increase in that price in the case of the two shares held by Rihitoto Mataia.59

Northcroft was informed "lest Rihitoto should be waiting for letter from Mr Cadman before making up her mind. Unless she does so before 23rd [September 1890], case must go to partition."60

Northcroft replied that

Rihitoto definitely declines to take less than £200. The land is not worth it as we have a right to mine on it.61

However, one week after Northcroft sent his telegram, Wilkinson telegraphed that he had completed the purchase of Hikutaia 4.

Rihitoto Mataia the outstanding owner having decided to accept the same amount that was paid to other owners rather than risk a contest in Court. The Court has awarded [the block] to the Crown.62

The Native Land Court had met that day to consider the Crown's application to have its interest defined. It awarded the whole block to the Crown.63

55 Telegram Mining Warden Thames to Under Secretary Native Department, to September 1890.

Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.44.

56 Telegram Under Secretary Native Department to Resident Magistrate Thames, io September 1890.

Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.45.

57 AJ Cadman MHR to Native Minister, 12 September 1890. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.46.

58 Under Secretary Native Department to Native Minister, 12, September 1890, approved by Native Minister, 16 September 1890, on cover sheet to file NLP 1890/311. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.52–53.

59 Native Minister to AJ Cadman MHR, 16 September 1890. Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.47.

60 Telegram Under Secretary Native Department to Resident Magistrate Thames, 16 September 1890.

Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.48.

61 Telegram Mining Warden Thames to Under Secretary Native Department, 17 September 1890.

Maori Affairs Head Office file MLP 1890/311. Supporting Papers #B71.49.

62 Telegram Native Agent, Thames, to Under Secretary Native Department, 24 September 1890.

Maori Affairs Head Office file MLP 1890/311. Supporting Papers #1371.50–51.

63 Hauraki Minute Book 25 pages 182–183. Supporting Papers #J30.49–50.

Order of the Court, 24 September 1890. Copy attached to Auckland Deed 1744. Supporting Papers #A209.

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At the beginning of the following month Wilkinson forwarded the deed to Wellington. This showed that in all £1256–5–0d was paid for the 3350 acres of Hikutaia 4 (i.e. 716d an acre).64 He explained that

Te Rihitoto Mataia, who was the owner of the two unsold shares, elected to accept the same price for her interests as was paid to the other owners, rather than fight the matter out in Court. This is what I anticipated she would do when she found out that Government was prepared to cut the shares out, rather than pay her more than was paid to others. I was however ready to go on with the case had she decided to let it go into Court. In course of conversation with her and her husband (Mr Nicholls, half caste), they told me that "the grouping of interests of the owners" referred to by Mr Dearle in his letter to you some time ago, in which he also said would result in Te Rihitoto getting more than two equal shares if the question of subdivision came before the Court, and in consideration of which he, I believe, offered to buy her shares for Government at the increased price of to/– per acre, was, they told me, entirely Mr Dearle's own idea and suggestion, and that he had told them that he could get for Te Rihitoto more for her shares than was paid to the others for theirs, she therefore decided to let him try and do so. Hence his letter.65

Hikutaia 4 was declared Crown Land in January 1891.66

Section 1 Block 1 Ohinemuri Survey District

By Section 6 Maori Land Claims Adjustment and Laws Amendment Act 1904, Section 1 Block 1 Ohinemuri Survey District was returned to Maori ownership by the Crown. It formed part of the former Hikutaia 2 block.

The reasons for the granting of the land went back to the time of McCaskill's purchase, some of the land which was subsequently granted to him not having been sold by its owners. These owners claimed compensation for their loss. At the time of the purchase of Hikutaia 2 and 3 by the Crown in the early 1870's, Mackay agreed that some of the owners who had not sold should be granted a 100 acre reserve at Puketaratara. Frederick Whitaker had then confirmed the arrangement on behalf of the Crown. This reserve was surveyed in the 1880's, but it was not until 1904 that legislation was passed authorising the Native Land Court to determine who were the owners.

Title to the land was investigated by the Court in September 1908. It was awarded to seven persons in equal shares.67

Afterwards the Judge noted that

In Section 6 [1904 Act] the land is described as Section 1 Block V Ohinemuri Survey District, whereas the true name of the land appears to be Section 1 Block 1 Ohinemuri Survey District. Although I was aware of this difficulty, I have nevertheless drawn up the order. There can be no

possible doubt that the too acres referred to in Section 6 is the same 100 acres for which I have drawn up the order. The land is shown on the County litho.

64 Auckland Deed 1744. Supporting Papers #A209.

65 Native Agent Otorohanga to Under Secretary Native Department, October 1890. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.106–107.

66 New Zealand Gazette 1891 page 64. Supporting Papers #W24.1.

67 Hauraki Minute Book 58 pages 339–350 and 358–364, and Hauraki Minute Book 59 pages 2–8.

Supporting Papers #J65.23–33 and 35–40, and J66.1–7.

List passed by Native Land Court, 29 September 1908, and Order of the Court, 29 September 1908. Maori Land Court Hamilton Block Orders file H1604. Supporting Papers #K94.1 and 2–3.

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Thames and Hikutaia District: Horete 1

In July 1877 James Mackay reported that 8 owners had signed the deed of conveyance to the Crown, leaving 12 owners still to sign.5

The Crown in May 1878 notified that monies had been paid for interests in the Horete Block, and that purchase of the block was being negotiated by the Government.6

The Crown applied to the Native Land Court to have its interest in Horete 1 defined. In August 1878, shortly before the application was to be heard, Hoani Nahe wrote to the Native Minister on behalf of himself and 4 other owners, offering their interests in Horete 1 in exchange for Crown Land in Omahu West 2A.7 The Minister agreed to the exchange,8 and the five owners then signed the deed for Horete 1.9

The Crown's application was heard by the Court at the end of August 1878. The Court agreed to the partitioning out of the Crown's interest in one subdivision, leaving the three non–sellers in another subdivision at the southern end of the block, to which the non–sellers had agreed. There were no objections.10

The order in favour of the Crown was for 1054 acres, to be known as Horete 1A, while the non–sellers were left with Horete 1B of 186 acres.11

Horete 1A was declared Waste Lands of the Crown in March 1880,12 and the Crown then notified that it had no further interest in acquiring any more of Horete 1.13

Offer to Sell Horete 1B2

In May 1889 the Court partitioned Horete 1B into 1B1 of 124 acres (awarded to Mango Whaiapu and Ngapari Whaiapu in equal shares) and 1B2 of 62 acres (awarded to Mere Taipari) .14 There were no restrictions on alienability applied to either subdivision.

In June 1892 Frederick Earl, solicitor for Mere Taipari, telegraphed to the Native Minister asking whether the Crown was interested in buying "her Te Horete block", Horete 1B2.15

But the Surveyor General's advice was that "62 acres in that locality is no use whatever" for Crown land settlement purposes." The subdivisions of Horete 1B had not been surveyed at this time.

5 J Mackay, Thames, to Minister for Public Works, 31 July 1877.

AJHR, 1877, G–7, pages 7–10. Supporting Papers #U11.1–4.

6 New Zealand Gazette 1878 pages 600–608, at page 605. Supporting Papers #W11.1–9.

7 Hoani Nahe, Grahamstown, to Native Minister, 5 August 2878. Lands and Survey Head Office file 14422. Supporting Papers #D1.3–6.

This exchange is discussed in the section of this evidence concerning Omahu West block.

8 Telegram Native Minister to Hoani Nahe, Grahamstown, 6 August 2878. Lands and Survey Head Office file 24422. Supporting Papers #D1.7–8.

9 Auckland Deed 2225. Supporting Papers #A118.

10 Hauraki Minute Book 11 pages 288 and 292. Supporting Papers #J17.71 and 74.

11 Orders of the Court, 31 August 1878. Maori Land Court Hamilton Block Orders file H675. Supporting Papers #K53.4–5.

12 New Zealand Gazette 188o pages 452–456. Supporting Papers #W13.1–5.

13 New Zealand Gazette 1881 pages 756–761. Supporting Papers #W14.16–21.

14 Hamilton Maori Land plan 2901. Supporting Papers #N81.

Hauraki Minute Book 21 pages 104–105. Supporting Papers #J27.16–17.

15 Telegram F Earl, Auckland, to Native Minister, 13 June 2892. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #B111.1–2.

16 Surveyor General to Chief Land Purchase Officer, 23 June 1892, on Registrar Native Land Court Auckland to Chief Land Purchase Officer, 18 June 1892. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #B111.3–4.

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There was no further response to Earl's approach, before in November 1892 the Resident Magistrate and Mining Warden at Thames, HW Northcroft, telegraphed that Mere Taipari was offering to sell Horete 1B2 for 6/– an acre." He was asked whether "from a goldfields point of view" he would recommend the purchase,18 and replied that he would not recommend purchasing the block.19

The advice given to the Minister was that

It is not at all safe to deal with blocks in such a backward state as this. I think that an offer of £6 for the lot might however be made, that would be equal to 2/– an acre. For another two shillings we could complete the title [by having it surveyed].20

The Minister approved of this offer being made and Northcroft was asked to put it to Mere.21 There was no response.

When Mere Taipari offered to sell Horete 1B2 for 3/– an acre in May 1893,22 the response from Wellington was that

Mere Taipari's land at Horete is of no value whatever. To get shut of her we offered £6 for it in November last. That offer may be looked upon as still open.23

Sale of Horete 1B1 to the Crown

In May 1896 Gilbert Mair, the land purchase officer at Thames, reported that

Ngapari Whaiapu and Mango Whaiapu were the two non–sellers in the Horete No 1 block, the bulk of which was purchased by the Crown. They now wish to sell their 124 acres at 5/– an acre. The land is just at the back of Puriri and may become valuable as several new claims are now being worked there now.24

The Surveyor General advised that

The only reason for considering this application is that the block may prove to be auriferous to a paying extent under the new processes. It is no use for settlement but I think 3/6d an acre might be offered.25

Mair was authorised in June 1896 to offer 3/6d an acre for Horete 1131,26 and he obtained the signatures of the two owners two months later. The total price was £21–14–0d (i.e. 3/6d an

17 Telegram Mining Warden Thames to Native Minister, 2 November 1892. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #B111.5.

18 Telegram Chief Land Purchase Officer to Resident Magistrate Thames, z November 1892. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #B111.6.

19 Telegram Mining Warden Thames to Chief Land Purchase Officer, 3 November 1892. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #B111.7–8.

20 Chief Land Purchase Officer to Native Minister, 7 November 1892, on Telegram Mining Warden Thames to Chief Land Purchase Officer, 3 November 1892. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #13111.7–8.

21 Telegram Chief Land Purchase Officer to Resident Magistrate Thames, 8 November 1892. Maori Affairs Head Office file MLP 1696/244. Supporting Papers #B111.9.

22 Telegram CJ Dearle, Thames, to Chief Land Purchase Officer, 25 May 1893. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #B111.10.

23 Telegram Chief Land Purchase Officer to CJ Deane, Thames, 3o May 1893. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #B111.11.

24 Land Purchase Officer Thames to Chief Land Purchase Officer, 21 May 1896. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #B111.I2.

25 Surveyor General to Chief Land Purchase Officer, 17 June 1896, on cover sheet to file NLP 1896/43. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #B111.13.

26 Chief Land Purchase Officer to Land Purchase Officer Thames, zo June 1896. Maori Affairs Head Office file MLP 1896/244. Supporting Papers #B111.14.

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HORETE 2

CREATED 17 December 1873

Hauraki Minute Book 8 page 265

AREA 690 acres

PLAN Hamilton Maori Land plan 2,901

Investigation of Title

The survey of Horete Block was completed by Oliver Creagh in June 1873.1 It had not been approved when the Court sat to investigate the title.

At the Court hearing, it was explained that this was

To be a reserve for all the [19] persons named in Te Horete No 1 Block, so that they and their children can always live and cultivate there.

Three persons, Aperahama Te Reiroa, Ngapari Whaiapu and Porokora Te Weta, were appointed to go on the title as trustees for the whole of the owners. The land was to be "absolutely inalienable."2

Following the Court's order, the plan was approved, and this allowed a certificate of title for Horete 2 to be issued.

The certificate of title was issued incorrectly, in that it showed Aperahama Te Reiroa, Ngapari Whaiapu and Porokura Te Weta as absolute owners rather than as trustees. This was identified by the Registrar in 1897, who noted that

The only course open for the persons who claim to be entitled is to apply for an Enquiry under Subsection to Section 14 of the Act of 1894. You should draw Judge Mair's attention to the matter, and he may have an opportunity of explaining the position to the Natives.3

The owners explained the problem to the Government, and in October 1897 an Order in Council was issued ordering the Native Land Court to hold an inquiry,4 as a result of which the 1873 order was cancelled and a new order was issued by the Court in February 1898.5 The Court awarded Horete 2 to the 20 owners of Horete i in equal shares.

Proposed Sale to the Crown of Horete 2

The Crown in May 1878 notified that monies had been paid for interests in the Horete 2 Block, and that purchase of the block was being negotiated by the Government.' However no

1 Hamilton Maori Land plan 2901. Supporting Papers #N81.

2 Hauraki Minute Book 8 page 265. Supporting Papers #J14.45.

Order of the Court, 17 December 2873. Maori Land Court Hamilton Block Orders file H675. Supporting Papers #K53.3.

3 JW Browne to E Hammond, 20 August 1897. Maori Land Court Hamilton Block Orders file H675. Supporting Papers #K53.6–7.

4 New Zealand Gazette 1897 page 1774. Supporting Papers #W30.5.

5 New Zealand Gazette 1897 page 2013. Supporting Papers #W30.6.

Hauraki Minute Book 46 page 342. Supporting Papers #J53.38. Order of the Court, 12 February 1898. Maori Land Court Hamilton Block Orders file H675. Supporting Papers #K53.8.

6 New Zealand Gazette 1878 pages 600–608, at page 605. Supporting Papers #W11.1–9.

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Thames and Hikutaia District: Horete 3

Purchase of Interests in Horete 3 by the 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 Horete 3 Block, and that purchase of the block was being negotiated by the Government.5

The majority of the interests in Horete 3 were purchased by the Crown.6 The deed refers to the owners agreeing to "surrender, convey and assure" the land "together with all rights and appurtenances thereto belonging or appertaining ... for ever". There is no Maori translation attached to the deed, but the interpreter, Wilkinson, declared before a Justice of the Peace that he had read over and explained the deed in Maori to the owners, "and they appearing clearly to understand the meaning" of it.

The Crown had commenced purchasing interests in Horete 3 in September 1879. In January 188o Wilkinson reported that

Since my last report, two other signatures have been obtained to this deed, leaving only one to complete the purchase. I had an application before the Native Lands Court at its last sitting at Shortland to have the Crown's interest determined therein, but having obtained all the signatures but one, I thought it best to withdraw that claim as I do not anticipate any difficulty in getting the required signature when next I go to Te Aroha where the owner lives.7

By October 1880 the sole non-seller, Te Reiti Watana, had still not sold. All the other owners had sold their interests for £22 each (or in one case £25). Wilkinson reported that

An application has been sent to the Native Lands Court to have the Crowns interest determined in this block, and unless the outstanding Grantee comes to terms before that time, her share will be cut out. The land is of very little value.8

He was told to complete the purchase of the block at "the earliest possible opportunity".

There is only one Grantee to sign. I think in this case you should visit her at her residence and endeavour to obtain her signature even should you have to pay her £5 more for her interest than paid to other Grantees in the Block. After having seen her, report on matter.9

Application was made to the Native Land Court to have the Crown's interest in the block determined.10

In March 1881 George Wilkinson recommended that the Native Land Court should be asked to define the Crown's interest in Horete 3, noting that

The owner of the unsold share refuses to part with the same.11

A second application was made in April 1881. At the hearing in December 1881, the Court was told that the Crown had obtained the signatures of all the owners except Te Reiti Tuma. Wilkinson told the Court that

5 New Zealand Gazette 1878 pages 600-6o8, at page 605. Supporting Papers #W11.1–9.

6 Auckland Deed 1359. Supporting Papers #A136.

7 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 188o/58. Supporting Papers #825.1–14.

8 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 16 October 1880. Maori Affairs Head Office file MLP 1880/700. Supporting Papers #B3o.1-23.

9 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 11 November 1880. Maori Affairs Head Office file MLP 1880/700. Supporting Papers #B30.24-25.

10 New Zealand Gazette 1880 pages 1683-1684. Supporting Papers #W13.7–8.

11 Land Purchase Officer Thames to Under Secretary Native Department, 25 March 1881. Maori Affairs Head Office file MLP 1881/189. Supporting Papers #B35.1–13.

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I have something to say about one interest, viz, Reiti Watene's (a female). When she sold her oha, she signed her mother's name. Her mother had a share of her own, and I want Reiti Tuma's oha cut out. I have arranged this with her husband. It is a piece near Whauwhautetoku and on other side it has Mission land, on another side Horete No 2. Te Reiti has arranged to pay for the cutting of the [division] line. The portion for Reiti is the best part of the land and this has been given because they, Reid and her husband, declared they required it for a cultivation. I shall therefore ask that this piece be made inalienable by sale.12

The Court therefore partitioned out Te Reiti's interest, which it assessed to be no acres 2 roods, at the western end of the block. The balance of the block, 1459 acres 2 roods, based on its recalculated area of 1570 acres, was awarded to the Crown.13

The Crown's purchase of 1459 acres 2 roods of Horete 3 was notified in March 1882.14 Horete 3A

Te Reiti Tuma's block was known as Horete 3A. It was partitioned into two divisions in August 1914, in order to distinguish the interests in the block of those owners who had sold to

a European named Taylor from the interests of those owners who had leased the block to a European named Moorcraft.15

Horete 3A1 was sold to John James Taylor of Puriri in August 1913 for £450.16

Walter Moorcraft's lease of Horete 3M (58 acres 2 roods 33 perches) was for 42 years from July 1914.17 The lease was transferred to Martha Ann Peers by a transfer registered in June 1930. Martha Ann Peers of Puriri purchased all the freehold interests in Horete 3A2 between June and August 1936 for £7oo.18

12 Hauraki Minute Book 14 page 3. Supporting Papers #.J20.2.

13 Hamilton Maori Land plan 3804. Supporting Papers #N153.

Hauraki Minute Book 4 pages 2–3. Supporting Papers #B20.2–3.

14 New Zealand Gazette 1882 pages 498–501. Supporting Papers #W15.3–6.

15 Hauraki Minute Book 63 page 50. Supporting Papers #J170.1.

16 Hamilton Land Registry Transfer 89838. Supporting Papers #Q110.

17 Hamilton Land Registry Lease 7594. Supporting Papers #Q172.

18 Hamilton Land Registry Transfer 282241. Supporting Papers #Q143.

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IPUWHAKATARA

CREATED 30 November 1872

Haurald Minute Book 9 page 12

AREA 1015 acres

PLAN Hamilton Maori Land plan

4614

PURCHASED BY Amy Irene Read

DATE 17 November 1880

PURCHASE PRICE £400 TRANSFER DOCUMENT

(Hamilton Land Registry) None available1

Ipuwhakatara was a portion of what was referred to as the Kirikiri Block in the early 1870's.

The Crown advanced £175 against Ipuwhakatara in September 1872. It was advanced by James Mackay to Raika Whakarongotai and Honiana Te Ngangai to pay for survey costs, as a

prelude to putting the land through the Native Land Court.2

In February 1873 application was made to the Trust Commissioner to certify the purchase of

the timber on Ipuwhakatara by John Gibbons.3 Because of Mackay's advance payment on the block, approval was at first withheld. Then Mackay explained to the Commissioner that

The lien on the Ipuwhakatara block is the property of the Government, I having advanced money on their behalf for the purchase of the fee simple of the lands. There is no objection to Mr Gibbons being allowed to obtain a copy of the certificate of title, as his right to the timber was obtained prior to that of the Crown to the lien, and by the instructions given to me by the Minister for Immigration and Public Works, I am directed to respect all previous contracts of this nature; and under these circumstances Mr Gibbons is entitled to receive a copy of the certificate of title. The Government will be able to purchase the land and recover the amount of their lien.4

For the Trust Commissioner Edward Power, a member of Puckey's (Native Agent Thames) staff,

examined Raika Whakarongotai and Honiana Te Ngangai as to sale of kauri Umber on Ipuwhakatara Block, rots acres, of Hauraki Ditrict, that they acknowledge having received the value for the timber taken from the said Block, that they thoroughly understand the meaning of the deed which they have signed.s

1 Freehold title was granted by the Native Land Court, by an Order dated 24 February 1883. Hamilton Land Registry Provisional Register 15195.

2 Copy of Agreement, 9 September 1872, attached to Under Secretary Native Land Purchase Department to JW Preece, Auckland, 7 February 1878. Maori Affairs Head Office file MLP 1899/n2.

Supporting Papers #13131.1-2.

3 Native Agent Thames to Trust Commissioner Auckland, 28 February 1873. Papers for Application 1873/33. Trust Commissioner Auckland's 1873 Papers. Suppoting Papers fmr.1-4.

4 J Mackay to Trust Commissioner Auckland, 18 February t873. Papers for Application 1873/33. Trust Commissioner Auckland's 1873 Papers. Supporting Papers Itmr-4 at 4.,

5 Certificate by E Power, Thames, 28 February 1873. Papers for Application 1873/33. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #141.1-4 at z.

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Thames and Hikutaia District: Ipuwhakatara

The Trust Commissioner's certificate was then granted in March 1873.

The Crown in May 1878 notified that monies had been paid for interests in Ipuwhakatara, and that purchase of the block was being negotiated by the Government.6

An application was lodged with the Native Land Court to have the Crown's interest in the block defined. Shortly before the application was to be heard, in November 1879, George Wilkinson, the Crown's land purchase officer at Thames, reported that

The owner [of Ipuwhakatara] wants to know if he will be allowed to return the money advanced to him, or he is willing to sell out altogether for a sum of £800. The block contains 1015 acres and is the most valuable kauri timber bush at present unsold in the Thames District. The owner has been offered £600 and £700 respectively for the timber alone, but he refused. I have an application before Court to have Crown's title determined on this block, but only to the extent of £r75. Will you instruct me whether to push the claim for amount of debt or to buy the whole block with the timber on it. If you instruct me to buy, I could send a man to value the timber, and I think I could buy for less than the £800 asked at present.7

He was told in reply that

The advance of £175 made in September 1872 does not appear to have created a right on the part of the Government to purchase this land. If therefore this sum is recovered, a claim to purchase will not be made. Recover the money as soon as possible, and so get the purchase transaction off our books.'

At the Court hearing in November 1879, it was told that Raika Whakarongotai wished to

repay the money to the Crown, and an order to this effect was requested. The Court made the order sought.9

In January 1880 Wilkinson reported that

This block was brought before the Land Court here on application to have the Crown's title determined therein, an order was made by the Court that the amount due to the Government, £175, be paid by Te Raika Whakarongotai out of monies accruing from the sale of kauri timber then standing on this block.10

In October 188o, Wilkinson telegraphed that

Raika Whakarongotai is negotiating the sale of his land called Ipuwhakatara, on account of which he owes the Government £183. Judgement being given against him by Native Lands Court last year for his debt to Crown, he is now prepared to pay this money to me, on condition that the restrictions against his selling the block are removed at once after payment of the money, in order to enable him to complete the sale. The purchasers are the same people who have the timber lease over the block. Shall I accept the money and give him a receipt in full?11

6 New Zealand Gazette 1878 pages 600–608, at page 604. Supporting Papers #w11.1–9.

7 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 5 November 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.28–29.

8 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 20 November 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.36.

9 Hauraki Minute Book is page 318. Supporting Papers #J18.55.

10 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 1880/58. Supporting Papers #B25.1–14.

11 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 14 October 1880. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.42–43.

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IRINGA 0 PIRORI

CREATED 4 July 1877

Hauraki Minute Book 10 pages 129-131

AREA 557 acres

On survey became 563 acres

PLAN Hamilton Maori Land plan 5011

When title to the block was investigated in July 1877, it was acknowledged that a disputed area shown on the survey plan should be excluded and considered separately. An award in favour of 30 persons of Ngati Kimarire hapu of Ngati Paoa was then made for the undisputed area.' It was noted that the disputed area of 164 acres r rood 18 perches was to be cut out, and that the plan still required approval.

After the hearing the incomplete survey plan presented to the Court went missing. I t was finally found in January 1882 in the land purchase officer's office at Thames "whilst search was being made amongst some private papers of Mr Mackay's for a missing tracing".) It was judged to be "quite unfit",3 and a new survey was required.

In June 1882 the order for the 3o names ordered in 1877 was completed,4 Purchase of Interests by the Crown

The Crown in May 1878 notified that monies had been paid for interests in Iringa o Pirori, and that purchase of the block was being negotiated by the Government.' These monies were apparently in connection with the Waihou East and West purchases.'

The money was on account of one owner's interest in Iringa o Pirori. In November 1879. Takerei Te Putu and Haera Te Whareponga telegraphed to the Under Secretary of the Native Department on behalf of the other thirty owners.

We thirty of the grantees of Te Iringa-o-Pirori wish to sell our shares to a European. Mr Puckey says that the land cannot be sold because one person has sold his interest to the Government. What are we to do, the people who object to sell to the Government?7

The European purchaser was John Gibbons, who wrote to the Government asking for the restrictions against private purchasing of the block to be lifted.' He had made an agreement

I Hauraki Minute BOO* zo pages 129-131. Supporting Papers #116.36-38.

2 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 31 January 1882. Maori Affairs Head Office file MLP 1892122o. Supporting Papers #876.16.

3 Chief Surveyor Auckland to Native Agent Thames, z February 1882. Maori Affairs Head Office file MLP 1892/220. Supporting Papers #1376.17-I8.

4 Hauraki Minute Book 14 pages 221-222. Supporting Papers #120.37-38.

5 New Zealand Gazette 1878 pages boo-6o8, at page 6ot. Supporting Papers Avn.1-9.

6 Land Purchase Officer Thames to Native Agent Thames, undated. Maori Affairs Head Office file MLP 1.892/220. Supporting Papers #B76.1.

7 Telegram Takerei Te Putu and Haera Te Whareponga, Grahamstown, to Under Secretary Native Department, r7 November 1879. Maori Affairs Head Office file MLP 1892/220. Supporting Papers #B76.3-4. John Gibbons, Thames, to Native Minister, 17 February 1879 and 29 November 1879, Maori Affairs Head Office file MLP 1892/220. Supporting Papers #876,2 and 5.

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THE HAURAKI TRIBAL LANDS—PART II

with some of the owners and made a part payment in January 1875, the agreement having been drawn up by George Wilkinson, who was later to become the Crown's land purchase officer at Thames.9 On the basis of his agreement to purchase, he cut the timber on the land.10 Puckey reported by telegram that

I have explained position Iringa o Pirori to Hoera, who is satisfied. The parties who are anxious to acquire block are urging him to send telegrams. Apparently not knowing that, apart from any claim Government may have, the order of N.L. Court in respect of block has not yet been signed, in consequence of defect in survey.11

The lack of a signed order would have meant a title to the block could not be issued, and no transfer could be registered. Puckey posted a more detailed report in December 1879.

Mr Wilkinson [land purchase officer] and I have carefully considered the question of Te Iringa o Pirori both as regards the claim set up by Mr Gibbons, and also as respects the position of the claim of the government thereto. We find amongst the owners of the land in question that there are five natives to whom advances have been made by Mr Mackay on Waihou East and West, which amount in the aggregate to £833–13–0d. These advances are still outstanding.

2. As nearly all the land that could properly be called Waihou East and West, or Waihou and Waitoa East, has been already acquired by private purchasers or by he Government in various blocks which have passed the N.L. Court under other names, and ben paid for (in respect of the government purchases) independently, as far as these advances are concerned we think that an effort should be made to charge against this block so much of these amounts as would be fairly equivalent to the interests of these persons in Te Iringa o Pirori.

I would recommend that Mr Mackay be requested to furnish to this office for my information the boundaries of the land called by him Waihou East and West, and Waihou and Waitoa East, in order that Mr Wilkinson and myself may have some data upon which proceed in allocating these advances. I fear if this information is not supplied there will be but little chance of the Government getting anything for the amounts outstanding.
As regards the claims of Mr Gibbons, I do not see my way clearly to making any recommendation at present. I think consideration must stand over until you decide what had best be done as regards the claim of Government. I do not however think in dealing with the natives we shall be able to get them to admit their liability to Mr Gibbons. They are not likely to take that as a reason why they should accept a smaller amount in consideration of their claims to the land than they would receive under different circumstances.12

The Under Secretary reported to the Native Minister that

These Thames purchases are in a very unsatisfactory position. As a step to closing them Mr Puckey's suggestion that Mr Mackay be requested to point out (on a plan to be prepared) the boundaries of the Waihou E and W, and Waihou and Waitoa East, lands over which he paid money on purchase account might be acted on.13

9 John Gibbons, Thames, to Land Purchase Officer Auckland, 17 December 1883, attached to Native Agent Thames to Under Secretary Native Department, 29 December 1883. Maori Affairs Head Office file MLP 1892/220. Supporting Papers #B76.26–28.

10 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 15 June 1881, and Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, date not known. Maori Affairs Head Office file MLP 1892/220. Supporting Papers #B76.13 and 14.

11 Telegram Native Agent Thames to Under Secretary Native Land Purchase Department, 5 December 1879. Maori Affairs Head Office file MLP 1892/220. Supporting Papers #B76.6–7.

12 Native Agent Thames to Under Secretary Native Land Purchase Department, 5 December 1879. Maori Affairs Head Office file MLP 1892/220. Supporting Papers #B76.8–9.

13 Under Secretary Native Land Purchase Department to Native Minister, 18 December 1879, on cover sheet to file NLP 1879/621. Maori Affairs Head Office file MLP 2892/220. Supporting Papers #B76.10.

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This was approved. However, it is not clear from the file if Mackay was or was not approached. In January 1880 Wilkinson reported that

This is another of those purchases that could very well be abandoned, were it not that the vexatious and most difficult to understand purchases called Waihou East and West, and Waihou and Waitoa East, of which it forms part, are still unfinished. There is no authentic account of any amount having been paid on the particular block called Iringa–o–Pirori. There are 30 Grantees an only 557 acres, the correctness of the survey is disputed as the plan was not passed by the Chief Surveyor, and the Certificate of Title has never issued. These I think are sufficient reasons for abandoning this purchase. There are several of the Grantees who have had advances (and in some instances large amounts) on the Waihou East and West and Waitoa purchases (wherever they are). But I question whether much would be gained by trying to prove in the Court that the small interest each might own in the Iringa–o–Pirori block should be taken as part payment of the amounts they have had on the other Waihou purchases. As this block dos not adjoin any other Government purchases, in my opinion it would be better to try and allocate these monies on other lands of those Natives, wherever they may be found to own other land.14

But the Under Secretary felt that "this should remain open for a time, till the question of the Piako and Waihou blocks are decided".15

By March 1881 "Mr Puckey is now dealing with these lands under special arrangements".16 This seems to be a reference to Puckey's re–employment by the Crown to settle the Piako purchase matters.

In May Mr John Gibbons had apparently grown so frustrated with lack of progress on his

purchase that he offered to sell his agreement to purchase to the Government for the price he had paid to the owners. Wilkinson reported that

The applicant (Mr Gibbons) saw Hon Native Minister when he was at the Thames a short time ago regarding this matter, and he referred it to me for report.

As the most of this block Kakarikitahi purchased by Mr Gibbons was intended to represent the land a portion of which has since passed the Court as Te Iringa o Pirori, and the purchase of which is at present under negotiation by the Crown, I would suggest that unless the Government are willing to repay to Mr Gibbons the money expended by him, that as soon as possible the amount of interest that the Government is entitled to out of the Iringa o Pirori block be defined by the Court, after which Mr Gibbons be allowed to complete his purchase, if prepared to do so.17

It was agreed that the Crown would apply to have its interest cut out, thus leaving Gibbons free to purchase all or part of the balance.18

However no action could be taken on the Crown's application until the re–survey of the block was completed and final orders were made by the Native Land Court. This occurred in June

14 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 1880/58. Supporting Papers #B25.1–14.

15 File note by Under Secretary Native Land Purchase Department, undated, on Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 1880/58. Supporting Papers #B25.1–14.

16 File note by Under Secretary Native Land Purchase Department, 22 March 1881, on cover sheet to file NLP 1879/621. Maori Affairs Head Office file MLP 1892/220. Supporting Papers #B76.10.

17 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 4 May 1881, Maori Affairs Head Office file MLP 1892/220. Supporting Papers #B76.11–12.

18 Under Secretary Native Land Purchase Department to Native Minister, so June 1881, on cover sheet to file NLP 1881/208. Maori Affairs Head Office file MLP 1892/220. Supporting Papers #B76.15.

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188z. Then Wilkinson was apparently given permission to purchase interests of owners in the block for £5 a share, as in August 1882 he asked

In writing to Iringa o Pirori owners to come and sign deed for £5 per share as instructed by you, am I to include those who have already had advances on Waihou East?19

He was told to

Recover what money you can of the advances. If you cannot do this, pay each grantee five pounds for his share in the block.20

Later that month Wilkinson reported that

I find that a publican named Vaughan of this place is purchasing shares at Li each, paying half deposit. He appears to know all particulars about the block and is only buying from those owners who have not had advances on Waihou East and West. Will I be justified in telling owners Vaughan's purchase is illegal and that therefore they can still sell to the Government?21

The reply was that

Yes, you should inform the owners that Mr Vaughan's purchases are illegal. You may write Vaughan himself and inform him that, the block being gazetted as land on which public money has been paid, any dealings by private persons is illegal.22

Shares in Iringa o Pirori were purchased by the Crown in an undated deed.23 By October 1882 Wilkinson had purchased 3 shares for £5 each.24 At this time the Minister was approached to have the restrictions on private purchase lifted,25 but because of the advances made by Mackay he decided that

It seems to me that it would scarcely do to take the proclamation off this land.26

A fresh application to have the Crown's interests defined was made in November 1883. In May 1884 this application was heard. The Under Secretary for the Native Land Purchase Department was present, and asked for the interests of the 13 owners who had sold to the Crown to be cut out. He explained that he and the non-sellers had agreed that the Crown would take 240 acres at the southern end of the block, leaving the non-sellers with 323 acres at the northern end. The Court agreed to this division.27

The Crown portion, known as Iringa o Pirori South or Iringa o Pirori 2, was declared Waste Lands of the Crown in August 1884.28

19 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 22 August 1882. Maori Affairs Head Office file MLP 1892/22o. Supporting Papers #B76.19.

20 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 22 August 1882. Maori Affairs Head Office file MLP 2892/22o. Supporting Papers #1376.2o.

21 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 28 August 2882. Maori Affairs Head Office file MLP 1892/22o. Supporting Papers #B76.21.

22 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, z8 August 1882. Maori Affairs Head Office file MLP 1892/22o. Supporting Papers #1376.22.

23 Auckland Deed 2428. Supporting Papers #A45.

24 Land Purchase Officer Thames to Native Minister, 26 October 1882, on A Porter, Auckland, to Native Minister, 25 October 2882. Maori Affairs Head Office file MLP 1892/22o. Supporting Papers #B76.23-25.

25 A Porter, Auckland, to Native Minister, 25 October 2882. Maori Affairs Head Office file MLP 1892/22o. Supporting Papers #B76.23-25.

26 Native Minister to Under Secretary Native Land Purchase Department, 26 October 2882, on A Porter, Auckland, to Native Minister, 25 October 2882. Maori Affairs Head Office file MLP 1892/22o. Supporting Papers #B76.23-25.

27 Hauraki Minute Book 26 pages 123-124. Supporting Papers #.122.2-2.

28 New Zealand Gazette 2884 pages 224-2225. Supporting Papers #W17.6-7.

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KAIPITOPITO

CREATED 8 September 1874

Hauraki Minute Book 8 pages 306-307 AREA 10 acres z roods 6 perches

PLAN Hamilton Maori Land plan 3053

Investigation of Title

This block initially came before the Court in December 1873, when it was being claimed as a portion of the adjoining Waiotahi block by Ahipene and Reha Aperahama (see section on Waiotahi A). Nikorima Poutotara objected, and arranged to have the portion he claimed excluded. This portion was at this stage being referred to as Waiotahi B, but later became known as Kaipitopito.

Kaipitopito was surveyed by Dudley Eyre in December 1873.1

Kaipitopito was awarded to Nikorima Poutotara solely in September 1874.2 A title was issued.3 Purchase by the Crown

In July 1881, in reporting on the Ipu o Moehau and Ngaromaki blocks, George Wilkinson, the Crown's land purchase officer in Thames, had explained that

I think it is my duty to inform you that there are several blocks within this Goldfield which are

not proclaimed and which private speculators are endeavouring to negotiate the purchase of

from Native owners, much to the dissatisfaction of the public and local governing bodies.4

He was asked for further details, and replied with a number of examples of such blocks, one of which was Kaipitopito, which he thought had an area of 7 acres.

It is situated almost within a stone's throw of the main street of Grahamstown, and within its boundaries (amongst other claims) contains the once famed, and still not despised, Caledonian mine, out of which so much gold was got in 1873-4; unless some action is taken, and that quickly, by the Government, I have reason to believe that this block will be sold by its native owners to a private purchaser, who will buy it as a speculation, and for the Miners Rights fees and other revenue that yearly accrues from it. Upon this block is some valuable mining plant that would, I imagine, become the property of the purchaser should the block be sold.5

1 Hamilton Maori Land plan 3053. Supporting Papers #Nrii.

2 Hauraki Minute Book 8 pages 306-307. Supporting Papers C14.55-56.

3 Hamilton Land Registry Certificate of Title 9/80. Copy on Auckland Deed 1345. Supporting Papers #A132.

4 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 7 July 1881. Maori Affairs Head Office file MLP 1886/36. Supporting Papers #B59.8-9.

5 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 12 July 1881. Maori Affairs Head Office file MLP 1894/93. Supporting Papers C383.1-6.

For Wilkinson's comments on public dissatisfaction, see the evidence concerning Ngaromaki block.

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TE KAPUA I

CREATED 8 November 1870

Hauraki Minute Book 6 pages 19-20

AREA 5 acres 2 roods 28 perches

PLAN Hamilton Maori Land plans 1674 and 1829

Investigation of Title

Title to Te Kapua I was investigated in November 1870, when Piririka Te Ruipoto of Ngati Maru claimed the land from his ancestor Wharo. He named 7 persons to go on the title.

Te Kapua 1 was awarded to Pirika Te Ruipoto, Purewa, Wiremu Kawarihi, Hera Ngahuia, Hikori, Kiriwera and Riripeti Hura.1

The surveyor of the block, Edward Tole, was granted a survey charging order for £8-8-od.

Purchase of Te Kapua z by the Crown

In October 1884 a Member of the House of Representatives, Colonel Fraser, was asked by John Bain if the Government would purchase Te Kapua 1 for Loc.' There were apparently 16 miner's rights and 13 residence sites on the block.

The Resident Magistrate provided some details about the block.

Seven shares, five owners, two hold two shares. Revenue past year £29-14-6d, average about £zo a year. They ask £zoo, and think seven year's purchase, about £140, its just value. The revenue is a decreasing one, higher last year as arrears of rent were collected.3

The Native Minister was advised that

If this land, 5 acres z roods z8 perches, can be purchased for one hundred pounds, I recommend it for your approval. I think Mr Kenrick has overvalued the land.'

Cabinet approved an offer of £m° in November 1884, and the Resident Magistrate was authorised to purchase the block.5

The following month Pirika Ruipoto advised that fro° was not acceptable; and asked £125 for the block, otherwise "we will sell it to a private person".6 However he was told that "Govern-

1 Hauraki Minute Book 6 pages 19-2o. Supporting Papers tiza-z.

2 Telegrams FC Dean, Thames to Colonel Fraser MHR, zo October 1884, and John Blaine to Colonel Fraser MHR, 22 October 1884. Maori Affairs Head Office file MLP 1885/187.

Supporting Papers #B56.1 and 2.

3 Telegram Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 31 October 1884. Maori Affairs Head Office file MLP 1885/187. Supporting Papers #B56.3.

4 Under Secretary Native Land Purchase Department to Native Minister, 19 November 1884, on cover sheet to file NLP 1884/206. Maori Affairs Head Office file MLP 1885/187. Supporting Papers #B56.4.

5 Telegram Under Secretary Native Land Purchase Department to Resident Magistrate Thames, 25 November 1884. Maori Affairs Head Office file MLP 1885/187. Supporting Papers #B56.5.

6 Telegrams Pirika Ruipoto, Thames, to Under Secretary Native Land Purchase Department, 5 December 1884 and 6 December 1884. Maori Affairs Head Office file MLP 1885/187.

Supporting Papers #856.6-7 and 8-9.

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THE HAURAKI TRIBAL LANDS-PART II

ment cannot pay more than the amount offered, Loo".7 The Mayor of Thames also requested that £125 be paid, because "judgement against natives, and private individuals will purchase unless you immediately close".8

In February 1885

A deputation from the Town Board waited on the Native Minister with reference to a piece of land at a place called Kopu on the Karaka Creek near the Thames. The purchase of this piece of land, which is about 5 acres in extent, had been commenced by the Government, and the deputation asked that it might be completed. The price agreed upon was f125.

Mr Ballance said that he saw no objection to the purchase being completed, and he would give instructions to that effect.'

The following month he approved an increase in the offer price to £125,10 and the Resident Magistrate was advised.'1

In two deeds of sale and purchase dated March 1885, the Crown purchased Te Kapua 1 for a total of £125.12 The two deeds were certified by the Trust Commissioner in June 1885.

Te Kapua I was declared Waste Lands of the Crown in August 1885.13

7 Telegram Under Secretary Native Land Purchase Department to Accountant Native Land Purchase Department, 8 December 1884. Maori Affairs Head Office file MLP 1885/187. Supporting Papers #B56.1o.

8 Telegram Mayor Thames Borough Council to Under Secretary Native Land Purchase Department, 18 December 1884. Maori Affairs Head Office file MLP 1885/187. Supporting Papers #B56.II.

9 File note, n February 1885. Maori Affairs Head Office file MLP 1885/187. Supporting Papers #B56.12.

10 Under Secretary Native Land Purchase Department to Native Minister, 4 March 1885, approved by Native Minister, 4 March 1885, on File note, n February 1885. Maori Affairs Head Office file MLP 1885/187. Supporting Papers #B56.12.

11 Under Secretary Native Land Purchase Department to Resident Magistrate Thames, 5 March 1885. Maori Affairs Head Office file MLP 1885/187. Supporting Papers #B56.13.

12 Auckland Deed 1480. Supporting Papers #A173.

13 New Zealand Gazette 1885 pages 971-973. Supporting Papers #wr8.1-3.

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After hearing evidence the Court delivered judgement on the ownership of the Karaka 1 and 2 and Hape blocks in September 1872. The reasons for this judgement are not set out in the minute books.2

Following the judgement the owners of Karaka North asked for a division into three parcels, as follows:

Karaka North 1 Raika Whakarongohau, Hoani Nahe and Reiha Kirikau

Karaka North z Hotereni Taipari and Meri Taipari

Karaka North 3 Tirita Pareahu and Honiana Ngangai

The Court ordered accordingly, and also ordered two divisions of Karaka South:

Karaka South r Hotereni Taipari and Meri Taipari

Karaka South z Merimana Konui solely3

Purchase of Karaka South 2 by the Crown

The Crown in May 1878 notified that monies had been paid for interests in Karaka South 2, and that purchase of the block was being negotiated by the Government.4

In a deed dated August 1878 the Crown purchased Karaka South 2 from its sole owner Meremana Konui for £172 (i.e. £1 an acre).5 The deed was certified by the Trust Commissioner in March 1879.

Karaka South 2 was declared Waste Lands of the Crown in February 1879.6

Purchase of Karaka North 2 by the Crown

In May 1879 Hotereni Taipari and Meri Taipari signed a deed selling Karaka North 2 to the Crown for f258-10-od (ie. ft an acre)! Puckey had negotiated the purchase. The deed was certified by the Trust Commissioner in August 1879.

Karaka North 2 was declared Waste Lands of the Crown in July 1879.8

Purchase of Karaka North 3 by the Crown

In March 1879 Tirita Pareahu signed a deed selling his interest in Karaka North 3 to the Crown for £179-ro-od.9 The Crown's purchase agents were Puckey and Wilkinson. The Trust Commissioner did not certify the deed until January 1881.

Wilkinson commented in July 1879 that the purchase

only requires the appointment by the Native Land Court of a successor to a deceased person's interest, when there is every reason to believe that that purchase will be also closed, as the person

2 Hauraki Minute Book 7 page zn. Supporting Papers #113.20.

3 Hauraki Minute Book 7 pages zn-214. Supporting Papers #J13.20-23.

4 New Zealand Gazette 1878 pages 600-608, at pages 606-607. Supporting Papers #wit.i-9.

5 Auckland Deed to44. Supporting Papers #A94.

6 New Zealand Gazette 1879 pages 292-293. Supporting Papers #wtz.3-4.

7 Auckland Deed 1071. Supporting Papers #Atot.

8 New Zealand Gazette 1879 pages 913-916. Supporting Papers #wrz.n-14.

9 Auckland Deed 1270. Supporting Papers #Al27.

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entitled to succeed has already taken money on account of the interest and signed an agreement to sell."

In November 1879 Raika Whakarongotai, who had succeeded to Honiana Te Ngangai's shareholding in the block, sold her interest for £79.11 Wilkinson acted for the Crown. The

Trust Commissioner certified the deed in December 1880.

Karaka North 3 was declared Waste Lands of the Crown in April 1880.12

Purchase of Karaka North z by Private Interests

In August 1881 Raika Whakarongotai offered to sell Karaka North i to the Crown

at the price of three pounds per acre. The reason I ask that price per acre is because the block is adjoining the township, and therefore convenient from which to get earth and stones to form roads within the township, also railways, foreshore and reclamation works, these are the reasons

I ask £3 per acre.

The Government bought my portion of the foreshore of Te Karaka for three pounds per acre, and I consider that the portion within the Goldfield (inland) is of more value than the foreshore. There are three of us in the Crown Grant of this block, and my co-grantees are agreeable to do what I wish done in this matter, that is if you are willing."

Wilkinson, in forwarding this offer to Wellington, noted that

the Karaka North No 3 and the Karaka North No z blocks, adjoining to the one under offer, are Crown Lands, and were bought within the last two years from the native owners for £i per acre; they are both however situate farther in the hills and therefore not so near the town as the one now proposed to be sold.14

In Wellington £3 an acre was considered excessive, and the Native Minister approved an offer of £i an acre being made.'5 Wilkinson saw Raika Whakarongotai, who refused to accept £i but was willing to accept £i-io-od an acre.16 But no action was taken on the revised offer. In July 1882, Wilkinson wrote to Wellington again that the owners of Karaka North I had

sold 90 acres of the western portion, or that nearest to the Shortland township, to a private purchaser at £z per acre, and [Raika] now offers the balance of the block, 168 acres, for £i-s-od per acre, but I think would accept less.

Please inform me whether you think it advisable to secure this block on account of its being within the Thames Goldfield, and, if so, what price I shall offer for it.

There is not at present any mining upon the portion offered for sale, and therefore no revenue is accruing from it.17

10 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, i July 1879. Maori Affairs Head Office file MLP 1879/202. Supporting Papers #323.1-13.

11 Auckland Deed 1270. Supporting Papers #Al27.

12 New Zealand Gazette188o pages 452-456. Supporting Papers #w13.1-5.

13 Raika Whakarongotai, Te Kirikiri, to Land Purchase Officer Thames, 23 August 1881, attached to Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 2 September 1881. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #1365.1-7.

14 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 2 September 1881. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #365.1-7.

15 Under Secretary Native Land Purchase Department to Native Minister, 17 September 1881, and approval of Native Minister, undated, on cover sheet to file NLP 1881/374. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B65.8-9.

16 Extract from Progress Report by Land Purchase Officer Thames, 5 October 1881, on cover sheet to file NLP 1881/374. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B68.8-9.

17 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 8 July 1882. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B65.io-n.

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But the Minister declined the offer,18 and Raika Whakarongotai and the other owners apparently then sold the 168 acres to RC Greenwood, an Auckland auctioneer for £1 an acre.

The 90 acres had been sold to a CJ Brown.

In May 1884 Greenwood's solicitor offered the 168 acres to the Crown at £6 an acre, noting that

Several valuable discoveries of gold have been made in and around this block and there are at present several parties working on the block itself. ... Several valuable leaders have been traced into the ground, and any day the block may be quadrupled in price by a discovery in it and then yield a large revenue.19

The Mining Warden commented that

nothing has since occurred tending to increase the value of the remaining portion. A small discovery has been made on the Collarbone Creek of problematical value. The price demanded appears to me excessive. I have no doubt, if Government were willing to purchase, that I could negotiate a much smaller price.20

The offer was declined.21

Greenwood offered the 1671/2 acres to the Crown again in December 1885, this time for £1200 (approximately £7–3–3d an acre).22 Again there had been no change of circumstances, and again the offer was declined.23

Crown Interest in Purchasing Karaka South 1

In October 1888 Alexander Brodie of Thames telegraphed that a half share in Karaka South 1 was for sale, and should be purchased by the Crown in the public interest as valuable mines were being worked on the block, and it produced a revenue of £240 annually.24 In Wellington, one reaction was that

I think some European purchaser wishes to dispose of a white elephant.25

The Thames County Clerk added its support for the Crown to purchase the block.

The principal mines on it are the City of Manchester, City of Adelaide, Rocky Point, and the Lone Hand, and to the eastward of these are several lodes being worked by parties of miners with varied success. The revenue is between £70 and £80 per annum; the block is owned by

18 Under Secretary Native Land Purchase Department to Native Minister, 28 July 1882, approved by Native Minister, 5 August 1882, on cover sheet to file NLP 1882/259. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B65.12.

19 AE Whitaker, Auckland, to Minister for Goldfields, 10 May 1884. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B65.13.

20 Telegram Mining Warden Thames to Under Secretary for Mines, 3o May 1884. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B65.14.

21 Under Secretary for Mines to AE Whitaker, Auckland, 31 May 1884. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B65.15.

22 RC Greenwood, Auckland, to Minister of Mines, z December 1885. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B65.16.

23 Telegram Mining Warden Thames to Under Secretary for Goldfields, 8 December 1885, and Under Secretary for Goldfields to Minister of Mines, 8 December 1885, approved by Minister of Mines, undated, on cover sheet to file Mines 1885/1579. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B65.17.

24 Telegrams A Brodie, *–Thames, to Minister of Mines, 22 October 1888 and 30 October 1888. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B65.18 and 19.

25 Accountant Native Department to Under Secretary for Mines, 23 October 1888, on cover sheet to file NLP 2888/248. Maori Affairs Head Office file MLP 1888/281. Supporting Papers #B65.20.

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KOMATA NORTH I

CREATED 2 September 1889

Hauraki Minute Book 22 pages 215-276 and 281-329, and Hauraki Minute Book 23 pages 2-11

AREA 3125 acres 2 roods 32 perches

PLAN Hamilton Maori Land plan 5699

Investigation of Title

Title to Komata North 1 was investigated in September 1889.1 In its judgement the Court stated:

In this case, application is made by Rihitoto Mataia for an award of the land the subject of the hearing to her hapu Ngati Taiuru, on the grounds of ancestry and occupation; and a counter claim is made by Haora Tareranui for his hapu Te Kiriwera on the grounds of conquest, ancestry and occupation.

In addition to what has been brought forward at this

hearing, reference has been made to evidence given at former Courts at the investigation of title to other lands in the District, in which either direct mention is made of this block, or as having a bearing, direct or indirect, not only on the ownership of this land, but on the evidence now given; and as this evidence is in itself very voluminous, a corresponding amount of research has been thrown on the Court to enable it to arrive at a decision.

Haora Tareranui claims that this land forms part of a large block, extending from a line passing through the northern boundaries of the block to one at a considerable distance to the south, and from the Waihou River on the west to the sea coast on the east, acquired by his ancestor Te Hihi about nine generations ago by conquering the then occupants Ngati Hako and driving them off the land; that Kapuahumea, the grandchild of Te Hihi, occupied the land by right of this conquest, and that she and her descendants have held occupation to the present day.

On the other hand Rihitoto Mataia contends that no conquest of this part of the country was made, that her ancestors Taiuru and Taharua, half brothers of Te Hihi and children of Tamatua by his wife Ruawehea, a woman of Ngatihako, held this land by right of their mother, and that the Ngati Maru conquest ceased at the Hikutaia River, or at the northern side of Te Iringa a Pirori, a block to the north of this; that the Kiriwera never occupied the land until Huhurere, Tukukino's father, married Whaka, a descendant of Taiuru, and that it was in consequence of that marriage that Whaka's husband and his immediate family came to live on the land, where they were afterwards followed by other members of the Kiriwera hapu, the name by which the descendants of Kapuahamea through her son Tokoaho are known.

The circumstances leading up to the alleged conquest, as we hear from the whole of the evidence given at this and former Courts, are in the days of Tamatera, a son of Marutuahu the great progenitor of the Marutuahu tribe, comprising the peoples known as Ngatimaru, Ngati Tamatera, N' Whanaunga, Ngati Paoa, and various other minor hapus. The descendants of Marutuahu and their dependants occupied the land north of the Kaueranga River, and Ngatihako, Ngatihuarere and others that to the south of it.

1 Hauraki Minute Book 22 pages 215-276 and 281-329, and Hauraki Minute Book 23 pages 2-11.

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Tamatera had many children, among them two named Taurukapaka and Te Hihi, by women of Ngati Maru, and two, Taiuru and Taharua, by a Ngatihako woman named Ruawehea.

Taurukapaka it appears married a woman of the Ngatihako tribe, who on visiting her people after the marriage was detained by them, and given in marriage to a man of her own tribe. When Taurukapaka came to demand his wife, he was refused and some time after was murdered by members of Ngatihako. From this and other circumstances unnecessary to detail, a quarrel arose. The Ngatihako were attacked, defeated and driven off their lands as far south at least as Hikutaia.

Now as regards the conquest extending to this part of the land, Haora Tareranui and his witnesses state that their ancestor Te Hihi, following up the previous victories, advanced south as far as Te Mataii, a stream on this block falling into the Waihou River. And Ngatihako advancing also from their pa at Te Komata, an action was fought at Te Mataii. Ngatihako were completely defeated, the survivors fled to Te Awaitu and Te Rae–o–te–papa, some to Tauranga, whereupon Te Hihi took possession of the land, leaving his granddaughter Kapuahamea and her followers to occupy it.

Notwithstanding Rihitoto's contention that no part of the land now before the Court was conquered, that fact we think is undoubted. ...

At the hearing and rehearing of Ohinemuri No 20, a block adjoining this on the eastern side, the same parties were contending on the same grounds as in this block. At both hearings the claim by conquest was struck out, but the occupational claim of Te Kiriwera was sustained and the bulk of the land awarded to them. ... Again at the hearing of the komata Block in 1876, the Kiriwera claimed on quite different grounds from this conquest, ... the claim by conquest was never put forward. It is now endeavoured to account for this by saying that those who attended and gave evidence at that hearing were ignorant of their real grounds of claim other than that by occupation; that their elders and those really conversant with the matter, such as Tukukino and Tareranui, were Hauhaus and living with Hauhaus, at that time holding themselves aloof from intercourse with Europeans, averse to Native Land Courts and would not attend; that on communicating with Tukukino after the decision, they heard for the fist time the true grounds of claim; and that but for the interference of Ngatimaru and others, Tukukino was determined to resort to arms to drive off the parties to whom it was awarded.

It is hardly conceivable that any member of the tribe should be ignorant of such a ground of claim.

Be these as they may, we are of opinion that as far as regards this land now before the Court, the Ngatihako were defeated at Te Mataii and fled, leaving it unoccupied. ...

Each of the parties claims continuous occupation, the one by the right of the conquest put forward, the other by their ancestral right. ...

Te Kiriwera state that from the days of Kapuahamea they have from generation to generation been occupiers of the land, and have exercised all the rights of ownership; that their kaingas and cultivations are still extant or traceable; that down to the most recent times they have used the land, whilst they altogether deny that the Ngati Taiuru ever lived on or cultivated it.

Tukukino, Tareranui and Haora Tareranui gave evidence to this effect.

Tukukino and Tareranui are both men of what might be called a very advanced age, Tukukino particularly so, and their personal knowledge of this land goes back a long way.

The fact of Tukukino's occupation and residence of the land is unquestioned by the other side, but it is urged that his right to the land came from his mother, a descendant of Taiuru, not from his father. Tukukino himself says the contrary, and in the absence of other proof he is we think the best authority on that subject.

On the other side Rihitoto acknowledges that neither herself nor he father ever lived on the land, and the only evidence brought forward to show that her people did so in the case of other members of the tribe is that of Mere Kuru, who states that over sixty years ago, whilst a child on

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her way to the Waikato where her tribe Marutuahu had taken refuge from the Ngapuhi invasion, she once landed from a canoe at the Mataii, and whilst staying there three or four days heard her people say the land belonged to Ngati Hinewai, a section of Ngati Taiuru. apart from the rest of Mere Kuru's evidence, which is not satisfactory, we think she was not at that time of sufficient age to understand the matters she said were spoken of in her presence. ...

We have no satisfactory proof before us to show, nor can we ascertain from any evidence given at former Courts, that Ngati Taiuru were occupants of the land up to the time of Whaka's marriage to Huhurere, nor is there anything to show that since that time any other members of that hapu have occupied. ...

The judgement of the Court is that the claim of Rihitoto Mataia for Ngati Taiuru hapu has not been sustained, and is therefore dismissed, and the land Komata North No 1, the subject of this investigation, is awarded to Te Kiriwera hapu, represented by Tukukino, Tareranui, Haora Tareranui and others.2

The block was awarded to 36 persons. A rehearing was applied for.

The rehearing was heard during March to May 1893,3 when the Court decided that

This case was originally heard at Shortland in september 1889, Rihitoto Mataia and others on behalf of Ngati Taiuru being the then claimants. Haora Tareranui and others on behalf of Te kiriwera being the counter claimants.

The Court of first hearing, on the evidence then adduced, awarded this land to Te Kiriwera hapu.

The present rehearing was granted on the application of Ngatitaiuru, as represented by Rihitoto Mataia and others.

We have been engaged for over six weeks at the hearing of this case, during which period a vast amount of evidence has been given both for and against the application, and references have been made to evidence given at the hearing of the various surrounding blocks. The Court, therefore, has the fullest information as to the position of the parties with regard to this land.

As to the alleged conquest by Te Hihi of the land the subject of this inquiry, we are of opinion it has not been established. That the Ngatihako were defeated by Te Hihi and others is clear to us, but this defeat was only of the people, and did not affect the land, as far as this block is concerned.

Ancestors have been set up by both parties to this case, Kapuahamea for Te Kiriwera hapu, and Taiuru for the Ngatitaiuru. After most carefully weighing the evidence, it seems to us that occupation by both parties has been proved, extending over a period of more than one hundred years; and that, too, without any disturbance between them, and, apparently, with equal rights, such occupation being, after all, the true test of right. When this occupation first commenced, or whether Ngatitaiuru or Ngatikahuwhitiki were the first to come on to the lands, we have not sufficient evidence to determine, but the fact is clear to us that both parties have occupied this land for a very long period, before the advent of Europeans, without disputes between them. Further, the parties to this case are all descendants of Tamatera, and intermarriages from the earliest date, after the alleged occupation of the land, have taken place between them.

The case has been so thoroughly thrashed out in the Court that the rights of all the parties have been made clear, and therefore does not require any elaboration on our part.

The occupation to our minds being the grand test, and of this we are quite satisfied, we award this block in equal portions to Te Kiriwera, as represented by Haora Tareranui and his party, one half interest in the Block. And to Ngatitaiuru, as represented by Rihitoto Mataia and her party, one half interest in the Block.

The parties to settle the amount of their individual interests, and names of Trustees for minors.

2 Hauraki Minute Book 23 pages 2–11. Supporting Papers #J28.1–10.

3 Hauraki Minute Book 3o pages 86–95 and 97–299, and Hauraki Minute Book 32 pages 1–95.

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Thames and Hikutaia District: Komata North 1

If it can be arranged between the parties, we will divide the Block on the above basis. If not, the division must be left to a future Court, on application of the parties.4

Based on this judgement the Court then awarded Komata North 1A and Komata North 1B.

Purchase by the Crown of Komata North 1B6

In January 1889 the Sub–Postmaster at Turau wrote to the Minister of Lands about

a valuable block of land of from 3000 to 4000 acres on the main road from Thames to Paeroa, between Kirikiri and Puriri, through which the Thames County are making a road called the Matatoke towards Piako Road, but of borrowed money, nearly the whole this land is in the hands of the natives.

If Government would buy this land and offer it for sale, it would all be taken up in a few months, as I know a number of men at present willing to buy, but for them to attempt to do anything in the way of buying from the natives is out of the question, as there are so many things to do to comply with the law that they say they would be old men before they would get a title to it, and they are anxious to settle at once. Take for instance one small block of about 30o acres, in this there are 5o natives. I am told that this will require to be divided into 3 before anything can be done with it, this means three deeds and all the expense attached thereto. The settlement of this land would help the County to repay the money borrowed, and in other ways add to the prosperity of the district.

I am not writing this from a desire to buy myself, but from a wish to see the County settled by persons who are capable of doing well on the land and who wish to make homes for themselves and their families.5

He was told that, because title to the land he referred to (Komata North 1) had not been investigated by the Native Land Court, the Government was unable to consider purchasing it.6

Once title had been granted to Komata North 1, a further request was made to the Crown in September 1892 by a local settler to purchase it.7 But the rehearing had not been held, so again the Crown could not take any action.8

In July 1893 Komata North 1B was partitioned. By agreement reached before the hearing, there were seven subdivisions:

Komata North 1B1 381ac 3r 3 owners

Komata North 1B2 381ac 3r 2 owners

Komata North 1B3 19oac 3r 20p 3 owners

Komata North 1B4 19oac 3r zop 5 owners

Komata North 1B5 127ac 1r Raipa Tini Poaka solely

Komata North IB6 63ac 2r zop Kimokimo Te Ipo solely

Komata North 1B7 19oac 3r 20p 6 owners9

4 Hauraki Minute Book 32 pages 93–95. Supporting Papers #J38.1–3.

5 Sub–Postmaster Turau to Minister of Lands, 15 January 1889. Maori Affairs Head Office file MLP 1895/254. Supporting Papers #B102.1–2.

6 Under Secretary for Lands to Sub–Postmaster Turau, 12 February 1889. Maori Affairs Head Office file MLP 1895/254. Supporting Papers #B102.3.

7 WJG Scott, Hikutaia, to AJ Cadman MHR, 17 September 1892. Maori Affairs Head Office file MLP 1895/254. Supporting Papers #B102.4.

8 Chief Land Purchase Officer to Mr Bate, 8 October 1892, on cover sheet to file NLP 1892/141. Maori Affairs Head Office file MLP 1895/254. Supporting Papers #B102.5.

9 Hauraki Minute Book 32 pages 103–107. Supporting Papers #J38.4–7.

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In November 1894 Gilbert Mair, newly arrived land purchase officer at Thames, advised that

Kimokimo Te Ipo wishes to sell Te Komata No 6, 64 acres, for 10/– an acre. He is the only grantee. He had arranged with a European to purchase it at Li per acre, but now the intending purchaser, seeing that there will be a difficulty about getting a title, is pressing Kimokimo to refund the sum of £11–14–0d advances on account. This is the reason why he now offers it to the Government.

The land joins the Paeroa – Thames Road.10

The Surveyor General considered that

This is a fairly good piece of land. I am rather inclined to say 10/–, but better try 7/6d first.11

Mair was instructed in January 1895 to offer 7/6 an acre.

Later that month AJ Cadman telegraphed to Wellington that Kimokimo Te Ipu had offered the block at 3/6d an acre.12 Mair was informed, with the advice that "you will therefore probably be able to make a reduction in price authorised",13 and he wrote to Kimokimo asking what he truly intended to do.14

At the end of January 1895 Mair completed the purchase.15 He advised that

Kimokimo refused to sell for less than 7/6d an acre, and repudiated all knowledge of Hon Mr Cadman's telegram that he was willing to accept 3/6d. Mr John Kennedy of Ohinemuri informs me that he himself told Hon Mr Cadman that Kimokimo would take 4/6d an acre.

It was advisable to purchase the land, even at 7/6d, in order to obtain the frontage to the main road for Ohinemuri No 20 Block.16

At 7/6d an acre, Kimokimo Te Ipu received £23–18–0d. A title was then issued in favour of the Crown.

Komata North 1136 was declared Crown Land in July 1895.17

Shortly after completing the purchase of Komata North 1136, the Thames Borough Council urged the Government to purchase land at Komata North (among other places) for European settlement.18 Mair reported initially that

[Komata North] is good land and swamp, the latter can be easily drained. Rihitoto's people own about 1500 acres and Haora Tareranui's people about the same area. This is really suitable land for small farms, but I do not known whether the owners would sell at a reasonable price.19

10 Land Purchase Officer Thames to Chief Land Purchase Officer, zo November 1894. Maori Affairs Head Office file MLP 1895/254. Supporting Papers #B102.6.

11 Surveyor General to Chief Land Purchase Officer, 2 January 1895, on cover sheet to file NLP 1894/332. Maori Affairs Head Office file MLP 1895/254. Supporting Papers #B102.7–8.

12 Telegram AJ Cadman MHR to Chief Land Purchase Officer, 18 January 1895. Maori Affairs Head Office file MLP 1895/254. Supporting Papers #B102.9–10.

13 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 18 January 1895. Maori Affairs Head Office file MLP 1895/254. Supporting Papers #B102.11.

14 File note by Land Purchase Officer Thames, 22 January 1895. Maori Affairs Head Office file MLP 1895/254. Supporting Papers #B102.12.

15 Auckland Deed 1892. Supporting Papers #A242. Hamilton Land Registry Transfer 16506. Supporting Papers #Q51.

16 Land Purchase Officer Thames to Chief Land Purchase Officer, 29 January 1895. Maori Affairs Head Office file MLP 1895/254. Supporting Papers #B102.13.

17 New Zealand Gazette 1895 page 1122. Supporting Papers #W28.2.

18 Town Clerk Thames Borough Council to Native Minister, 20 February 1895, and Town Clerk Thames Borough Council to Land Purchase Officer Thames, 25 April 1895. Maori Affairs Head Office file MLP 1896/219. Supporting Papers #B110.1 and 4–5.

19 Land Purchase Officer Thames to Chief Land Purchase Officer, 15 March 1895, on cover sheet to file NLP 1895/107. Maori Affairs Head Office file MLP 1896/219. Supporting Papers #B110.2–3.

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MANGAKIRIKIRI I

CREATED 7 December 1872

Hauraki Minute Book 9 pages 58 and 62

AREA 1680 acres

PLAN Hamilton Maori Land plan 3387-9

In January 1872, when outlining the services he could offer the Crown as land purchase agent, James Mackay wrote about a block he termed the Otunui Block.

This is unsurveyed but may be estimated to contain from six to seven thousand acres. The land is not suitable for agricultural purposes. Gold has been found on it in small quantities, but no claims are at present occupied which may be attributed to the want of means of communication by a practicable road and the absence of any machinery for extracting the gold from the quartz. The kauri timber on the banks of the Mangakirikiri and Mangarehu Streams has been purchased by Europeans.'

Investigation of Title

Mangakirikiri Block (3125 acres) was surveyed by Henry Rowe for Piriki Te Riupoto and others. Rowe completed the survey plan in November 1872.2

At the Court hearing in December 1872 to investigate title to the block, Pirika Te Riupoto of Ngatimaru iwi, Ngatimaru hapu, said that

I know the land before the Court, it belongs to me. I claim it through my ancestor Waro. Moemaka obtained this land through conquest of Ngatihuirere. After the men were killed the district in which it is situated was subdivided. I can describe the boundaries of the land Moemaka got. ... The descendants of Moemaka and his brother have always lived land, no one ever disputed our title.3

There was agreement that a small piece (which became known as Mangakirikiri 2) would be excluded from Mangakirikiri 1, and that the surveyor would mark this on the plan.4 The Court ordered a certificate of title in favour of 8 grantees, subject to the approval of the survey plan.5

No restrictions on alienability were placed on the title.

Timber Lease on Mangakirikiri

In December 1873 the owners of Mangakirikiri I sold all the timber on the block, and leased the cutting rights for 45 years, to Thomas Russell, William Chisholm Wilson and Captain

1 J 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.

2 Hamilton Maori Land plan 3387-9. Supporting Papers #N120.

3 Hauraki Minute Book 9 page 58. Supporting Papers #J15.27.

4 Hauraki Minute Book 9 page 58. Supporting Papers #J15.27.

5 Hauraki Minute Book 9 page 62. Supporting Papers #J15.31.

Order of the Court, 7 December 1872. Maori Land Court Hamilton Block Orders file H794. Supporting Papers #K56.1.

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Thames and Hikutaia District: Mangakirikiri

James Stone, all of Auckland, for a single payment of £271 and an annual rental of 5/– "if and when demanded".6 John Guilding and George Wilkinson were the interpreters. The Trust Commissioner certified the lease in March 1874. Mackay had stated to the Commissioner that

The Native Grantees of the land ... have duly executed deeds of sale of timber on the said blocks to Messrs Russell, Wilson and Stone, and the consideration money therein set forth has been duly paid to the Native owners. The Grantees are the owners of the land and do not hold it in trust for any other Natives.7

Purchase of Interests by the Crown

In October 1874 Mackay advised that a Deed of Conveyance to the Crown of Mangakirikiri was "partly executed", while the price was "not finally arranged, all parties not having consented".8

In July 1877 Mackay reported that

Mangakirikiri Nor and 3 Blocks were granted to 16 persons (8 in each); 9 signatures [6 of them of owners of Mangakirikiri 1] have been obtained to the deed of conveyance; the other [2] grantees died. It was only at the last sitting of the Native Land Court that succession orders were made in favour of the heirs of the deceased persons.9

The Crown in May 1878 notified that monies had been paid for interests in the Mangakirikiri

I Block, and that purchase of the block was being negotiated by the Government.10

Some of the owners sold their shares in Mangakirikiri I to the Crown in 1878 or 1879. They were the two successors of Kiriwera, the two successors of Maraea Purewa, the two successors

of Piripi Te Ngongohe, Wikitoria Rangipiki, Maihi Hura, Watana Tama, Hakipene Hura, Miriama Kiritahanga. The whole block was worth £90.11

The Crown then applied to the Native Land Court to have its interest in Mangakirikiri defined. The application was heard in November 1879. George Wilkinson, the Crown's land

purchase officer in Thames, explained that

Four of the eight [grantees] had sold their interests to the Crown, namely Wikitoria Rangipiki, Maihi Hura, Watana tuma and Miriama Kiritahanga. Three of the owners were dead, and successors had been appointed in each case. Two persons were appointed to succeed Maraea Purewa, deceased, namely Watana Tuma and Te Reiti Tuma. Watana Tuma and Te Reiti Tuma were appointed to succeed Piripi Te Ngongohe. Hakipene Hura and Rihipeti Takitaki were appointed to succeed Te Kiriwera, deceased. Watana had sold his interest in Maraea Purewa's shares and also in Piripi Te Ngongohe's shares, and Hakipene Hura had sold his interest in Kiriwera's share. The government therefore had purchased four whole interests and three half interests. The area of the block was 168o acres. None of the natives interested were present [in Court], he (Mr W.) had sent notices to them.12

6 Auckland Deed 1193. Supporting Papers #A111.

7 Memorandum by J Mackay, zo December 1873. Papers for Application 1873/211. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #M1.84–86 at 86.

8 J Mackay, Shortland, to Native Minister, 20 October 1874. Maori Affairs Head Office file MLP 1874/441. Supporting Papers #B18.1–2.

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

10 New Zealand Gazette 1878 pages 600–608, at pages 605–606. Supporting Papers #W11.1–9.

12 Hauraki Minute Book 12 page 291. Supporting Papers #J18.52.

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THE HAURAKI TRIBAL LANDS—PART II

Wilkinson went on to explain that the amount owed by the non–sellers for the cost of survey was £15–6–3d, which at 2/6d an acre would represent 122 acres.

The Court then awarded the Crown 1277 acres (1155 acres for shares purchased and 122 acres for survey costs). This area was awarded to the Crown in the southern portion of the block. The northern portion of Mangakirikiri 1, of 403 acres, was awarded to the two non–sellers, Te Reiti Tuma and Rihipeti Takitahi. Te Reiti Tuma had 2 shares in the block, being her own share, her half share as one of two successors to Maraea Purewa, and her half share as one of two successors to Piripi Te Ngongohe. Rihipeti Takitahi had a one–half share in the block as one of two successors to Kiriwera.13

The two divisions were surveyed.14

The southern portion of Mangakirikiri 1 was declared Waste Lands of the Crown in April 1880,15 and the Crown then notified that it had no further interest in acquiring any more of Mangakirikiri 1.16

Proposed Purchase of Northern Portion of Mangakirikiri 1 by the

Crown

In October 1893 Charles Dearle, the Clerk to the Mining Warden at Thames and occasional land purchase officer, advised that part of Mangakirikiri I was being offered for sale to the Crown at 5/– an acre.17

Gilbert Mair also advised that this land was being offered for sale to the Crown in November 1894.18

No action was apparently taken on either offer.

In October 1907 Tereiti Watana wrote to the Native Minister.

This is a petition from us to you about our land, viz., Mangakirikiri Nor containing 403 acres, that the Government consent to our selling (the said land to the Government). The reason why we apply, we are in want, that is, we have no money for our claims in the Court, to enable us to prosecute our claims to other lands of ours now before the Native Land Court now sitting at Shortland.19

He was told that the Government did not wish to purchase the block.20

13 Hauraki Minute Book 12 page 292. Supporting Papers #J18.53. Orders of the Court, 18 November 1879. Maori Land Court Hamilton Block Orders file H794. Supporting Papers #K56.4–6.

14 Hamilton Maori Land plan 3387. Supporting Papers #N120.

15 New Zealand Gazette 188o pages 452–456. Supporting Papers #W13.1–5.

16 New Zealand Gazette 1881 pages 756–761. Supporting Papers #W14.16–21.

17 CJ Dearle, Thames, to Chief Land Purchase Officer, 24 October 2893. Maori Affairs Head Office file MLP 1894/316 (Schedule). Supporting Papers #B86.1.

18 Land Purchase Officer Thames to Chief Land Purchase Officer, 11 November 1894. Maori Affairs Head Office file MLP 1894/316 (Schedule). Supporting Papers #B86.1.

19 Tereiti Watana, Shortland, to Native Minister, 21 October 2907. Lands and Survey Head Office file 54769. Supporting Papers #D3.49–5o.

20 Under Secretary for Lands to Tereiti Watana, Shortland, 22 November 2907. Lands and Survey Head Office file 54769. Supporting Papers #D3.51.

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MANGAKIRIKIRI 2

CREATED 6 December 1872

Hauraki Minute Book 9 pages 59-61

AREA 386 acres

PLAN Hamilton Maori Land plan 3387-9

Investigation of Title

Mangakirikiri Block (3125 acres) was surveyed by Henry Rowe for Piriki Te Riupoto and others. Rowe completed the survey plan in November 1872.1

At the Court hearing Pirika Te Ruipoto said that

This piece of land cut out of Mangakirikiri belongs to Tautoro. It was included in the claim I sent to the Court, but I had it cut out as it belongs to him.2

Tautoru Tawa of Ngatihuamua hapu of Ngatimaru confirmed this, and there was no objection.

Aherata Te Mihinui claimed the piece from his ancestor Te Ahumua, on the grounds that the land had not been subdivided and Mangakirikiri 2 given to Tautoru. Rather he claimed that the lands on either side of the Mangarehu River had been subdivided by Tanuku, giving the eastern side of the river to Weriko and the western side to Te Hori. Inquiry showed that Tautoru had a right to some other small blocks, but had not or would not claim to be an owner, leaving those blocks (Whangarai, Te Hape, Korohunga, Taratu, Ririhori and Waiapu) to Aherata Te Mihinui solely.

Arrangements were then made between Aherata and Tautoro that all the descendants of Te Hori and Te Wheriko should have an interest in the above mentioned pieces, and that Aherata and Rangitehau should have an interest in the block before the Court.3

The Court awarded Mangakirikiri 2 to Tautoru Tawa and 8 others.

Inquiries made as to restrictions - plenty of other lands for cultivations and wish no restrictions to be placed on this block.4

The Court ordered no restrictions on alienability. The Court's order was made subject to the preparation of suitable plans.5

Timber Lease on Mangakirikiri 2

In November 1873, the owners sold the timber on the block to Thomas Russell, William Chisholm Wilson, and Captain James Stone for £203-7-od. The sale document included a

I Hamilton Maori Land plan 3387-9. Supporting Papers #N120.

2 Hauraki Minute Book 9 page 59. Supporting Papers #J15.28.

3 Hauraki Minute Book 9 page 60. Supporting Papers #J15.29.

4 Hauraki Minute Book 9 page 61. Supporting Papers #115.30.

5 Order of the Court, 6 December 1872. Maori Land Court Hamilton Block Orders file H794.

Supporting Papers #K56.2.

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THE HAURAKI TRIBAL LANDS–PART II

right to cut and mill the timber, and to drive logs down rivers, for 45 years from 26 November 1873, at an annual rental of 5/– "if and when demanded". John Guilding was the interpreter. The deed was certified by the Trust Commissioner in March 1874.6

Purchase of Mangakirikiri 2 by the Crown

The Crown commenced purchasing interests in Mangakirikiri 2 before October 1874. The deed that was prepared provided for the owners to "convey and assure" all the land "together with all the rights, easements, members and appurtenances, and all deeds thereto relating, and all other rights which the said vendors or any of them have or may have of, in, to, or out of the said ... land ... for ever". The purchase price was given as £43.7

In October 1874 Mackay advised that a Deed of Conveyance to the Crown of Mangakirikiri 2 was "partly executed", while the price was "not finally arranged, all parties not having consented ".8

Following further negotiations that month, Mackay added a note to the deed.

After several grantees had signed this deed, Tautoru Tawa and his family refused to execute it unless a reserve for two hundred acres (part of Mangarehu and part in the Mangakirikiri No 2 block) was made for them in his name. This I agreed to on behalf of the Government, and the part coloured green on the map of the Mangakirikiri No 2 drawn on the margin hereof and containing one hundred and forty one acres is the piece reserved. The deed had been drawn and five of the grantees had signed, and it was impossible to make an exception in the deed. I assented to the reserve on behalf of the Government.9

He had made a written promise to this effect in late October 1874.10 The 141 acres was at the eastern end of the block adjoining the Waiwhakaurunga River.

When reporting on inquiries made on behalf of the Trust Commissioner, Puckey, Native Agent at Thames, stated that "the vendors admit receiving payment, but I did not ask if it was in cash".11 Despite this, the deed was certified by the Trust Commissioner in August 1876.

The checks made on behalf of the Trust Commissioner disclosed that Paranihia Purehina, one of the Grantees, had not signed the deed. It was not until December 1877 that she signed a separate deed, selling her interest for £5.12 John Guilding was again the interpreter.

The Crown's purchase of Mangakirikiri 2 was notified in July 1879.13

6 Hamilton Land Registry Lease 19o. Supporting Papers #Q162.

Lease dated z6 November 1873. Copy on Auckland Deed 83o. Supporting Papers #A72.

7 Auckland Deed 83o. Supporting Papers #A72. Hamilton Land Registry Transfer 1495.

Supporting Papers #Q16.

8 j Mackay, Shortland, to Native Minister, 20 October 1874. Maori Affairs Head Office file MLP 1874/441. Supporting Papers #1318.1–2.

9 Note by James Mackay, 26 October 1874. Auckland Deed 83o. Supporting Papers #A72.

10 James Mackay to Tautoru Tawa, 26 October 1874. Copy on Hamilton Land Registry Transfer 1495. Supporting Papers #Q16.

11 Statement by Native Agent Thames, 24 August 1876. Papers for Application 1875/131.

Trust Commissioner Auckland's 1875 Papers. Supporting Papers #M2.10–22 at 13.

12 Auckland Deed 830. Supporting Papers #A72.

13 New Zealand Gazette 1879 pages 913–916. Supporting Papers #W12.11–14.

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MANGAKIRIKIRI 3

CREATED 7 December 1872

Hauraki Minute Book 9 page 65

AREA 1570 acres

PLAN Hamilton Maori Land plan 3387-9

Investigation of Title

Mangakirikiri Block (3125 acres) was surveyed by Henry Rowe for Piriki Te Riupoto and others. Rowe completed the survey plan in November 1872.1

When the application for investigation of title to this block came before the Court in December 1872, it was told that there had been objections to the inclusion of two pieces of land shown on the survey plan. Wiremu Te Hura had an objection to one piece, and Rapana Te Maunganoa had an objection to the inclusion of a piece near Puketotara. It was agreed that these pieces would be excluded.

The claimants asked that the block be subdivided

as there were more than ten (10) [proposed grantees]. Stated that it would not be necessary to cut the line as it the land would be immediately sold.

The Court ordered that a certificate of title issue in the names of Pirika Te Ruipoto and 7 others for Mangakirikiri 3, without restrictions on alienability.2

The certificate of title issued in January 1877.

Lease

In December 1873 the owners of Mangakirikiri 3 sold all the timber on the block, and leased the cutting rights for 45 years, to Thomas Russell, William Chisholm Wilson and Captain James Stone, all of Auckland, for a single payment of £304 and an annual rental of 5/- "if and whenever demanded". John Guilding was the interpreter.3

The Trust Commissioner certified the lease in March 1874. Mackay had stated to the Commissioner that

When the block was partitioned in 1887 as a consequence of the Crown's purchasing activities, the Court ordered that the amount of the 5/- rental to be paid by the non-sellers was 1/-2.

1 Hamilton Maori Land plan 3387-9. Supporting Papers #N120.

2 Hauraki Minute Book 9 page 65. Supporting Papers #J15.32. Order of the Court, 7 December 1872. Maori Land Court Hamilton Block Orders file H794. Supporting Papers #K56.3.

3 Copy of Lease, 19 December 1873. Maori Affairs Head Office file MLP 1889/36. Supporting Papers #B67.5-9.

4 Memorandum by J Mackay, 20 December 1873. Papers for Application 1873/211.

Trust Commissioner Auckland's 1873 Papers. Supporting Papers #M1.84-86 at 86.

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Thames and Hikutaia District: Mangakirikiri 3

Purchase by the Crown of Mangakirikiri 3 Northern Portion

In October 1874 Mackay advised that a Deed of Conveyance to the Crown of Mangakirikiri 3 was "partly executed", while the price was "not finally arranged, all parties not having consented".3

In July 1877 Mackay reported that

Mangakirikiri No i and 3 Blocks were granted to i6 persons (8 in each); 9 signatures [3 of them of owners of Mangakirikiri 1] have been obtained to the deed of conveyance; the other [5] grantees died. It was only at the last sitting of the Native Land Court that succession orders were made in favour of the heirs of the deceased persons.4

The Crown in May 1878 notified that monies had been paid for interests in the Mangakirikiri 3 Block, and that purchase of the block was being negotiated by the Government.5 A number of shareholdings in Mangakirikiri 3 were purchased in 1878 or 1879.6

The Crown's then applied to the Native Land Court to have its interest in Mangakirikiri 3 defined. The application was heard by the Court in November 1879. George Wilkinson, the Crown's land purchase officer at Thames, explained that

3 [of the 8 grantees] had signed the Deed, namely Hera Ngahuia, Paranihia Purehina, and Paranihia Whakahau. Pirika Te Ruipoto had been paid £17-14-od, but owing to some dispute with Mr Mackay, he refused to sign the transfer. His full share of the money would be £25. He would pay Pirika the balance of the money on condition that he signed the transfer. If he still refuses to sign, he would apply to the Court to make an order for as much land as would cover the amount advanced to Pirika. There was also a claim of 49-1-6d for survey which would have to be paid.10

Pirika Te Ruipoto at first denied that he had received any money,

but afterwards said that he might have, that he had signed a paper similar to the receipt [for r7- 4-od] produced, and had obtained some goods from Mr Mackay. He would sign the transfer. Transfer signed by Pirika in Court.11

Wilkinson then said that

the amount due to the Government for the survey by the four owners who had not agreed to sell [was] £24-10-od or £6-2-6d each. He would now apply to the Court to say how much the Government were entitled to.12

Before the Court could make an award to the Crown, however, Matiu Poono, one of the four non-sellers, agreed to sell his interest, and to pay the amount due by Hera Paramataitai. The Court then decided that the interests of the 8 grantees were equal, and it awarded the

Crown 5/8ths of the block (i.e. 981 acres), plus 98 acres to pay for the £12-5-od owed by the non-sellers (other than Hera Paramataitai) for survey (i.e. 2/6d an acre), a total of 1079 acres.

5 Order of the Court, 23 September 1887. Maori Land Court Hamilton Block Orders file H794. Supporting Papers #K56.15. This order was not signed by Judge Mair.

6 J Mackay, Shortland, to Native Minister, 2o October 1874. Maori Affairs Head Office file MLP 2874/442. Supporting Papers #B18.1-2.

7 J Mackay, Thames, to Minister for Public Works, 31 July 1877. AJHR, 2877, G-7, pages 7-10. Supporting Papers #U11.1-4.

8 New Zealand Gazette 1878 pages 600-608, at page 606. Supporting Papers #WII.I-9.

9 Auckland Deed 1194. Supporting Papers #A112.

10 Hauraki Minute Book 12 page 289. Supporting Papers #J18.50.

Hauraki Minute Book 12 pages 289-290. Supporting Papers #J18.50-51.

12 Hauraki Minute Book 12 page 290. Supporting Papers #J18.51.

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This was located in the north of the block. The southern portion of 491 acres was awarded to the four non–sellers, Hera Paremataiti, Katerina Hauruia, Watana Tuma and Te Reiti Tuma.13 Watana and Te Reiti Tuma were the two successors to Whareoneone.

The northern portion of Mangakirikiri 3 was declared Waste Lands of the Crown in April 1880.14

Purchase of Interests in Mangakirikiri 3 Southern Portion

Within the southern portion was the headwaters of the Waikiekie Stream, which was the water supply for the town of Thames. In March 1880 the Mayor of Thames wrote to Rolleston, the Minister of Lands.

With reference to the purchase of the freehold of the watershed of the Waikiekie Creek, the which subject I had the honour to bring under your notice when at Thames, I find Mr Puckey considers his order to purchase this watershed has lapsed, and requires an intimation from you he is to proceed with this purchase.

The waters from this creek are the only supply for domestic and drinking purposes this Borough and surrounding districts possess, it being reserved from mining operations and its waters are carried by pipes all through the various streets and delivered into the houses. The watershed of this creek is part of Mangakirikiri No 3 and is the only part of that block not acquired by Government. It is the property of three natives and Mr Puckey was directed to acquire this watershed by Ministers some time ago but was then unable to do so, and although he thinks from the fact of the natives spending large sums of money over the burial of the chief now lying dead and before winter requiring money to pay debts now incurred, he will be able to secure it of the three natives owning same, yet he considers his authority to purchase has lapsed.

Under the circumstances of its being imperatively necessary to secure this watershed from being denuded of trees (timber is sold already), and so to secure a supply or as I said before the only supply of pure water to this township, may I ask the favour of orders being given to Mr Puckey to obtain this land, in all about 450 acres.15

Rolleston commented to the Native Minister that

The 1st question is whether the Government will attempt to get from Mr Russell [timber lessee] a rectification of his lease such as will enable the Thames people to utilise the water supply. If the Borough did this, the Government might buy from the natives.16

In response, the Town Clerk for Thames Borough Council wrote that

The Mangakirikiri No 3 block was included in the Hauraki Goldfields on the zoth of November 1867, consequently Mr Stone's or other private persons' lease by the natives dated 19 December 1870, or three years after it was leased to the Government as a goldfield, must be subject to the Goldfields lease covenants and conditions even if the natives could lease the same piece of ground twice to different persons.

In March 1872 JB Gillies Esq, then the Superintendent of Auckland, by proclamation in the Provincial Government Gazette for 1872, page 73, withdrew this piece of ground from the Goldfield for residence sites or mining operations, and made it a reserve for a water gathering ground to supply the creek from which the whole township obtains its water for drinking and household purposes.

13 Hauraki Minute Book 12 page 290. Supporting Papers #J18.51. Orders of the Court,

18 November 1879. Maori Land Court Hamilton Block Orders file H794. Supporting Papers #K56.7–10.

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

15 Mayor Thames Borough Council to W Rolleston, 24 March 1880. Maori Affairs Head Office file MLP

1889/36. Supporting Papers #B67.1–2.

16 W Rolleston to Native Minister, 18 May 1880, on cover sheet to file NLP 1880/265. Maori Affairs Head

Office file MLP 1889/36. Supporting Papers #B67.3–4.

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Thames and Hikutaia District: Mangakirikiri 3

This township supply fed solely from this reserved gathering ground, the Colonial Government is at the present moment vesting by a Bill passing through Parliament in the Borough Council of Thames, and it is this reserved gathering ground the Borough Council seek to obtain. If the trees on this gathering ground are cut down, the supply of water in two years after would cease during the summer, and the inhabitants of Thames would be without drinking water, it being the only source of supply not fouled by mining operations.

Very lately indeed Mr E Puckey purchased for Government the whole of this Mangakirikiri No 3 block except about 250 acres, and the portion unpurchased is the largest portion of this reserved gathering ground. The land belongs to 3 native owners and can be obtained for 8/– or 10/– an acre.

Mr Gillies was too well versed in law to have expended £4000 of public money to supply this town with water if its gathering ground or source was not secure. The Honourable the Attorney General has last month given on behalf of the present Government £3500 to the County Council of Thames for their interest etc in this water supply, and as I said before is by Bill vesting this water supply in this Borough Council.

If authority is given to the Government land purchase agent in Thames to obtain these few acres from the natives and get this land passed through the next sitting of the Native Land Court without cost other than the actual money paid to the natives, and after that if the Government will vest it in the Borough Council as a reserve for special purposes, such assistance from the Government is all that is asked in this matter.

Allow me to suggest the advisability of you pointing out to the Honourable the Attorney General the position this gathering ground stands in, viz that in 1867 it was leased to the Superintendent of Auckland as a gold field, in December 1870 leased again by the natives to private persons to cut timber from and construct dams in the creek, and that in 1872 the holder of the Governor's delegated powers Mr Gillies made it a water gathering ground reserve, and for such purpose withdrew the land from the goldfields mining operations etc. I make these suggestions because it is the Hon Mr Whitaker who has prepared the Bill now before Parliament.

May I beg the favour of a reply from you, that the Honourable the Native Minister will sanction the assistance asked being rendered by the Government land purchase agent in this matter.17

The Attorney General had

no objection to doing what is asked as I understand it, viz, that the land referred to shall be purchased by the Government at the expense of the Thames Borough, and then transferred to them as a gathering ground for their water supply. Whether the lease aforesaid will stand in their way is a matter for the Borough authorities to consider.18

The Borough Council was asked if it would pay the purchase price for Mangakirikiri 3 Southern Portion,' 9 and it replied agreeing to this.20

The Under Secretary of the Native Land Purchase Department pointed out that purchase by the Crown would be on the basis that the timber lease would still apply.21 He later saw the Mayor of Thames during a visit by the Mayor to Wellington, and recorded that

17 Town Clerk Thames Borough Council to Under Secretary Native Land Purchase Department, 7 June 1880. Maori Affairs Head Office file 1889/36. Supporting Papers #B67.10–12.

18 File note by Attorney General, 24 June 1880, on cover sheet to file NLP 1880/404.

Maori Affairs Head Office file MLP 1889/36. Supporting Papers #B67.13.

19 Under Secretary for Crown Lands to Town Clerk Thames Borough Council, 5 July 1880. Maori Affairs Head Office file MLP 1889/36. Supporting Papers #B67.14.

20 Telegram Town Clerk Thames Borough Council to Under Secretary for Crown Lands, 17 July 1880, and Town Clerk Thames Borough Council to Under Secretary for Crown Lands, 17 July 1880. Maori Affairs Head Office file MLP 1889/36. Supporting Papers #B67.15–16 and 17–18.

21 Under Secretary Native Land Purchase Department to Under Secretary for Crown Lands, zo July 1880, on Telegram Town Clerk Thames Borough Council to Under Secretary for Crown Lands, 17 July 1880.

Maori Affairs Head Office file MLP 1889/36. Supporting Papers #B67.15–16.

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Have seen Mr Ehrenfried. He is satisfied if the Government ... purchase the land for the Thames Borough Council, leaving them to deal with the lease.22

Wilkinson was then instructed in July 1880 to purchase Mangakirikiri 3 Southern Portion.23 Between then and December 1881 he purchased the interests of Hera Paremataitai and Natana Tumu. In 1885, Katerina Hauruia's shareholding was purchased by the Resident Magistrate, Harry Kenrick.24 The purchases were made on the basis that the block as a whole was valued at £90 (i.e. 3/8d an acre).

The final signature, of Te Reiti Tuma, was not obtained, and the Native Minister applied in June 1887 to have the Crown's interests in the southern portion of Mangakirikiri 3 defined.

In September 1887 Wilkinson told the Court that all but the ½ shares of Te Reiti Tuma had been acquired by the Crown, and asked that the Crown be awarded 409 acres 1 rood in the north of the block, with the remaining 81 acres 3 roods being awarded to Te Reiti Tuma and located in the south of the block. Te Reiti then

pointed out a place on the plan which she said she desired; this place was found to be in the portion already in possession of the Government, the portion she wished for being where one of her ancestors was buried; this was found to be impossible to deal with. Mr Wilkinson advised her to sell her portion to the Crown and then purchase the part she wanted. Te Reiti Tuma asked that the case be put off till her husband and brother arrived tomorrow; this was agreed to by Mr Wilkinson and the Court.25

When the hearing resumed the next day her husband (Akuhata Mokena) agreed on her behalf that she should take the southern portion of the block. The Court then awarded the Crown Mangakirikiri South 3A of 409 acres 1 rood, and Te Reiti Tuma Mangakirikiri South 3B of 81 acres 3 roods.26 The Crown's award adjoined the Mangakirikiri 3 Northern Portion of Crown Land.

The division was surveyed.27

Mangakirikiri South 3A was declared Crown Land in July 1889.28

22 File note by Under Secretary Native Land Purchase Department, 26 July 1880, on cover sheet to file L1880/1830. Maori Affairs Head Office file MLP 1889/36. Supporting Papers #B67.19–22.

23 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 26 July 1880, on cover sheet to file L 1880/1830. Maori Affairs Head Office file MLP 1889/36. Supporting Papers #B67.19–22.

24 Auckland Deed 1659. Supporting Papers #A189.

25 Hauraki Minute Book 19 pages 129–130. Supporting Papers #J25.1–2.

26HaurakJ Minute Book 19 pages 136–137. Supporting Papers #]25.4–5. Orders of the Court,

23 September 1887. Maori Land Court Hamilton Block Orders file H794. Supporting Papers #K56.11–14. 27Hamilton Maori Land plain 3387. Supporting Papers #N120.

28 New Zealand Gazette 1889 pages 787–788. Supporting Papers #W22.3–4.

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Thames and Hikutaia District: Mangarehu and Mangarehu East

At the Court hearing, Mackay appeared for the claimants and explained that part of the block had to cut out for Matau's descendants. Tautoro gave evidence that

I belong to Ngatimaru and live at Hauraki. I am the owner of Mangarehu. I took the surveyor over the boundaries. There's one part which belongs to Ngatimatau. ... This land belonged to Te Ahumua. It was given to him by Matau (vide evidence in Waiwhakaurunga). I have lived and cultivated on this block. No one ever disputed our title. ... The boundaries between Te Ahumua and Matau's descendants are between the two elevations on Pukemahangarua hill, from Te Tuki to between Pukemahangarua and Te Tahinga.4

Taupo Waitai of Ngatimatau confirmed what Tautoro had said.5

The Court awarded Mangarehu to Tautoru and 9 others, and Mangarehu East to Taupo Waitai and 6 others.6 There were no restrictions on alienation.

Henry Rowe applied for a survey lien of £45–16–8d. It was stated on his behalf by James Mackay that

The charge was very moderate, being at the rate of £5.10.0 per mile all bush, while the Govt contract rates are £8 per mile.7

Rowe added that

The survey is in accordance with the Rules of the Court. There was no opposition to the survey. There will be an extra charge for cutting the boundary dividing the two [blocks]. I will have to charge £10 for that. The survey to be apportioned. Say let Tautoru's party pay £45.10.0 and let Waitai's party pay the £m as their share.8

This was agreed to, and the Court approved survey liens against each block accordingly.9 For

some unexplained reason the Court notified that the lien against Mangarehu was for £55–16–8d. Rowe advised that he had been paid the amount owing to him in December 1873.10

The survey plan was returned to the surveyor in August 1872 to have the boundary between Mangarehu and Mangarehu East plotted. This was completed in December 1872, and the Judge approved the plan in January 1873.11

Sale of Timber on Mangarehu and Mangarehu East

In September 1872 the owners of Mangarehu sold all the timber on the block, and leased the cutting rights for 99 years, to Thomas Russell, William Chisholm Wilson and Captain James Stone, all of Auckland, for a single payment of £195 and an annual rental of 5/- "if and when demanded".12 James Preece was the interpreter.

4 Hauraki Minute Book 7 pages 31–32. Supporting Papers #J13.3–4.

5 Hauraki Minute Book 7 pages 32–33. Supporting Papers #J13.4–5.

6 Hauraki Minute Book 7 pages 33–34. Supporting Papers #J13.5–6. Orders of the Court,

19 August 1872. Maori Land Court Hamilton Block Orders file H270. Supporting Papers #K33.3–4.

7 Hauraki Minute Book 7 page 34. Supporting Papers #J13.6.

8 Hauraki Minute Book 7 page 34. Supporting Papers #J13.6.

9 Notifications of Survey Lien, 19 August 1872. Maori Land Court Hamilton Block Orders file H270. Supporting Papers #K33.5–6.

10 Telegram Henry Rowe, Licensed Surveyor, Grahamstown, to Registrar Native Land Court Auckland, 24 December 1873. Maori Land Court Hamilton Block Orders file H270. Supporting Papers #K33.7.

11 Hamilton Maori Land plan 2516. Supporting Papers #N43.

12 Timber Lease, 5 September 1872. Copy on Auckland Deed 828. Supporting Papers #A70.

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THE HAURAKI TRIBAL LANDS—PART II

A similar document was signed by the owners of Mangarehu East the same day. The timber was sold for £100.13

The Trust Commissioner certified the lease for Mangarehu East in February 1874, after inquiries had been made on his behalf by Puckey, Native Agent at Thames, in January 1874, and after a survey lien and all outstanding Court fees had been paid." The Commissioner certified the lease for Mangarehu in July 1874.

Sale to the Crown of Mangarehu

In October 1874 Mackay advised that the Deed of Conveyance to the Crown of Mangarehu

was "partly executed", while the price was "not finally arranged, all parties not having consented".15

Part of Mangarehu, totalling 176 6 acres of the 1825 acres in the block, was sold to the Crown in November 1874 for £216.16 Excluded from the sale was a portion closest to the Waiwhakaurunga River, to be held by Tautoru as a reserve, together with a similar reserve in the adjoining Mangakirikiri 2. The transfer has noted on it that

After several grantees had signed this deed, Tautoru Tawa and his family refused to execute it unless a reserve of two hundred acres (part in Mangarehu and part in Mangakirikiri No 2 block) was made for them in his name. The part shown green in the map of the Mangarehu block shown on the margin hereof and containing fifty nine acres is the piece reserved. The deed had been ... all the other grantees had signed and it was impossible to ... a ... in the deed ...17

When reporting on inquiries made by him on behalf of the Trust Commissioner, Puckey, the Native Agent at Thames, stated that "vendors admit receiving payment, partly in cash".18

The Crown's purchase of Mangarehu was notified in July 2879.19

Sale to the Crown of Mangarehu East

In October 1874 Mackay advised that the Deed of Conveyance to the Crown of Mangarehu East was "partly executed", while the price was "not finally arranged, all parties not having consented".20

Mangarehu East was sold to the Crown in a deed dated April 2875.

When the deed was forwarded to the Trust Commissioner for his certificate, the Commisioner sent it to Puckey, Native Agent at Thames, for him to make inquiries. He returned it one year

13 Timber Lease, 5 September 1872. Copy on Auckland Deed 829. Supporting Papers #A71. Hamilton Land Registry Lease 62. Supporting Papers #Q154.

14 Statement of Inquiries by Native Agent Thames, 28 January 1874, and Whitaker and Russell, Solicitors, Auckland, to Trust Commissioner Auckland, 3 January 1874. Papers for Application 1873/202. Trust Commissioner Auckland's 1873 Papers. Supporting Papers #M1.77–80.

15 J Mackay, Shortland, to Native Minister, 20 October 1874. Maori Affairs Head Office file MLP 1874/441. Supporting Papers #B18.1–2.

16 Hamilton Land Registry Transfer 1251. Supporting Papers #Q13.

17 Hamilton Land Registry Transfer 1251. Supporting Papers #Q13.

18 Statement by Native Agent Thames, 24 August 1876. Papers for Application 1875/131.

Trust Commissioner Auckland's 1875 Papers. Suppoprting Papwrs #M2.10–22 at 12.

19 New Zealand Gazette 1879 pages 913–916. Supporting Papers #W12.11–14.

20 J Mackay, Shortland, to Native Minister, 20 October 1874. Maori Affairs Head Office file MLP 1874/441. Supporting Papers #B18.1–2.

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MANGINAHAE

CREATED 22 August 1872

Hauraki Minute Book 7 page 75

AREA 147 acres

PLAN Hamilton Maori Land plans 2516 and 2534

Investigation of Title

Manginahae was surveyed by Dudley Eyre at the same time as he surveyed the adjoining Hotoritori block.1 The plan was completed and approved in July 1872.

Manginahae had also been surveyed by Henry Rowe for Heneri Whakarongohau and his party.2

Manginahae was awarded in August 1872 to Te Pukeroa solely, as the descendent of Urehuia. There were no restrictions on alienation.3

Sale of Timber on Manginahae

In September 1872 the timber on Manginahae was sold, and the block was leased for 99 years, to Thomas Russell, Captain James Stone and William Chisholm Wilson for £75 and an annual rental of 5/- "if and when demanded".4 James Mackay was the interpreter, and Leopold Lessong the surveyor was a witness. This sale was certified by the Trust Commissioner in July 1874.

Purchase by the Crown

In October 1874 Mackay paid Te Pukeroa an advance of £5 on the purchase of Manginahae.5 Apparently it was arranged that the total purchase price for the block should be £10 (i.e. approximately 1/4d an acre),6 but Mackay at the end of that month advised that Te Pukeroa was asking a higher price.7

In August 1875 Puckey notified Wellington that

Te Pukeroa offers Manginahae land situate at head works of water race. Please ask Mr Mackay if he has paid the surveyor or made any advance on it. The land is through the Court. Have

1 Hamilton Maori Land plan 2535. Supporting Papers #N46.

2 Hamilton Maori Land plan 2516. Supporting Papers #N43.

3 Hauraki Minute Book 7 pages 43 and 75. Supporting Papers #J13.8 and 11.

Order of the Court, 22 August 1872. Maori Land Court Hamilton Block Orders file H416. Supporting Papers #K38.3.

4 Hamilton Land Registry Lease 193. Supporting Papers #Q163.

5 Under Secretary Native Land Purchase Department to Native Minister, 16 July 1879.

Maori Affairs Head Office file MLP 1882/482. Supporting Papers #B43.2.

6 Under Secretary Native Land Purchase Department to Resident Magistrate Chatham Islands, undated. Maori Affairs Head Office file MLP 1882/482. Supporting Papers #B43.3.

7 J Mackay, Shortland, to Native Minister, 20 October 1874. Maori Affairs Head Office file MLP 1874/441. Supporting Papers #BI8.1–2.

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Thames and Hikutaia District: Manginahae

telegraphed Heale for area and names of grantees. Reply at once on above point, and as to price. Native pressing for ... an immediate advance to get supplies for ... over his grand child.8

No action seems to have been taken on this approach.

The Crown in May 1878 notified that monies had been paid for interests in the Manginahae Block, and that purchase of the block was being negotiated by the Government.9

In July 1879, shortly after the re-establishment of the Native Land Purchase Department, it was considered desirable to complete the purchase of Manginahae. The Native Minister approved a further payment of £10 if the deed was signed and the purchase completed. At this time Te Pukeroa lived in the Chatham Islands,10 and the Resident Magistrate was asked to obtain his signature on a deed of sale.11

The Magistrate returned the deed unsigned, because Te Pukeroa

has not been in a fit condition to understand the meaning thereof.

He has been for a long time subject to fits of aberration of mind, in consequence of which I have received instructions to forward him to Wellington that he may undergo a medical examination. In all probability the fact of his being allowed to return to his own country may be the means of assisting his recovery.12

Te Pukeroa returned to New Zealand early in 1880, going first to Otaki then on to Waikato. The Native Land Purchase Department caught up with him in May 1880, when he had returned to Thames. Wilkinson reported that

When you were here in January 1879 you took away with you a deed of the Manginahae block, 147 acres, owned by Te Pukeroa, who at that time was charged with witchcraft and was supposed to be a lunatic. He was sent to Chatham Islands, but has since returned home, and he now wants to complete the sale of Manginahae as he has never been proved to be a lunatic. I don't see why I should not get him to sign deed and complete purchase. If you will return me the deed here I will do so.13

The deed was sent to Wilkinson, and Te Pukeroa signed it later that month.14 The deed sold, for £15, the land "together with all rights and appurtenances thereto belonging or appertaining". The Trust Commissioner certified the sale in February 1881.

The Crown's purchase of Manginahae was notified in January 1881.19

8 Telegram EW Puckey, Thames, to Under Secretary Native Land Purchase Branch, 2 August 1875.

Maori Affairs Head Office file MLP 1882/482. Supporting Papers #B43.1.

9 New Zealand Gazette 1878 pages 600–608, at page 607. Supporting Papers #w11.1–9.

10 He had been taken there by the Government, according to J. Grainger, "The Amazing Thames",

AH & AW Reed, 1951, at pages 117–118.

11 Under Secretary Native Land Purchase Department to Resident Magistrate Chatham Islands, undated. Maori Affairs Head Office file MLP 1882/482. Supporting Papers #B43.3.

12 Resident Magistrate Chatham Islands to Under Secretary Native Land Purchase Department, 11 December 1879. Maori Affairs Head Office file MLP 1882/482. Supporting Papers #B43.4.

13 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 23 May 1880. Maori Affairs Head Office file MLP 1882/482. Supporting Papers #B43.5–6.

14 Auckland Deed 1356. Supporting Papers #A134. Hamilton Land Registry Transfer 2965.

Supporting Papers #Q32.

15 New Zealand Gazette 1881 pages 170–174. Supporting Papers #W14.1–5.

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NGAROMAKI

CREATED 9 June 1877

Hauraki Minute Book 9 pages 437-440

AREA 2,000 acres

PLAN Hamilton Maori Land plan 3044

Cession of Gold Mining Rights to the Crown

In July 1880 EW Puckey, who had been Native Agent at Thames throughout the 1870's, and was finishing his employment with the Crown, wrote a report summarising his activities in

relation to gold mining rights on Ngaromaki, which he also described as Tararu South.

Tararu South was claimed by Eruera Te Ngahue, who had exclusive enjoyment of all proceeds during his life. Since his death a change was made in the mode of payment and about three years ago the claims of the natives to the land were taken through the Native Land Court. The Hematite workings are situated on this block.1

Investigation of Title

Ngaromaki first went before the Court in September 1874, when a revised survey plan was ordered.2

Ngaromaki was surveyed by Edward Tole, who completed the plan in April 1876.3 The Chief Surveyor in March 1877 noted on the plan that the boundaries had had to be altered to agree with those of adjoining blocks.

There was then a hearing of the Native Appellate Court in September 1876, followed by a

hearing of the Native Land Court in June 1877. Miriama Te Konehu of Ngati Maru and

Ngati Whanaunga claimed the block from her ancestor Te Heru Paraoa. The most influential

evidence seems to have been given by Wiremu Turipona, who told the Court that

It was arranged by the N' Naunau when the Goldfield was opened that Te Ngahue and Te Reweti should have the arrangement of this land. These two went in to the Koraha and made a division of the land. They made the Tararu Creek the boundary between them. The whole of the land belonged to the N' Naunau, on both sides of Tararu. After the division Reweti got his part through the court, and it was awarded to him and his family only, Eruera Te Ngahue making no claim. The land now before the Court is Eruera Te Ngahue's portion. If Miriama admits Pare Watana and her sister, well and good. If not, they should not claim.

As a result judgement was given in favour of Miriama Konehu and the children of Eruera Te Ngahue. The Court ordered a title for Ngaromaki in the names of 9 owners. They were Miriama Konehu, Wikitoria Te Ngahue, Hiria Te Ngahue, Hoani Pahau, Te Hiriani Pahau

1 Native Agent Thames to Under Secretary Native Department, 31 July 1880. Appendix I to Evidence to Inquiry by Native Land Court pursuant to Section 22 Native Purposes Act 1933. Maori Affairs Head Office Special File 62. Supporting Papers #C13.1-13.

2 Hauraki Minute Book 8 pages 289-290. Supporting Papers #J14.52-53.

Note on Hamilton Maori Land plan 3044. Supporting Papers #N110.

3 Hamilton Maori Land plan 3044. Supporting Papers #N110.

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Thames and Hikutaia District: Ngaromaki

(all of Ngati Tauaiwi hapu of Ngati Whanaunga), Pare Watana, Arani Watana, Mereana Reweti, and Ramarihi Te Hoena (all of Ngati Naunau hapu of Ngati Maru) .4

Crown Interest in Purchasing Ngaromaki

In March 1881 Frederick Whitaker inquired of George Wilkinson

who are the owners of the land on which the mine [a Mr] Thomas is working is situate, and if the owners are willing to sell, and if so at what price.5

The block involved was Ngaromaki. Wilkinson reported back that

I have only been able to see some of the Native owners and they are not very willing to sell at a reasonable price, on account of some private agents having tried to negotiate with them for the sale of a small portion of the block at a large price. Nothing has however yet been done in the matter, and if you think it an advisable purchase, it would be well to have it proclaimed at once as land under negotiation by the Crown. This will keep off private purchasers and enable me to go on with the purchase more easily for the Government. I believe it is the wish of the public here that the Government should acquire the freehold of the Gold Field whenever possible, and not private speculators.6

In July 1881 Wilkinson was asked for further confirmation that the owners might sell Ipu o Moehau and Ngaromaki.7 He replied that

I have not been able to see all the owners. I think I can buy two shares at once at from 5/- to 7/6d per acre, and possibly two or three more in a short time, which would make more than half the block, and the rest who would come in within reasonable time. Natives have no particular wish to sell to Government, but would as a rule rather sell to private individuals, as they give a better price. I think it is my duty to inform you that there are several blocks within this Goldfield which are not proclaimed and which private speculators are endeavouring to negotiate the purchase of from Native owners, much to the dissatisfaction of the public and local governing bodies.8

The Native Minister was advised that

It would appear that these two blocks of land have some special value over adjoining ones. I think authority should be given Mr Wilkinson to purchase them - Ipu o Moehau and Ngaromaki - at a price not to exceed seven shillings and six pence per acre.9

The Minister approved the offers to purchase being made, and in August 1881 Wilkinson was authorised by the Native Minister to purchase Ngaromaki and the adjoining Ipu o Moehau blocks for a price not exceeding 7/6d an acre.

4 Hauraki Minute Book 9 pages 437–440. Supporting Papers #J15.88–91.

5 F Whitaker, Auckland, to Native Agent Thames, 8 March 1881. Maori Affairs Head Office file MLP 1898/119. Supporting Papers #B123.1.

6 Native Agent Thames to F Whitaker, Auckland, 21 March 1881. Maori Affairs Head Office file MLP 1898/119. Supporting Papers #B123.4–5.

7 Telegram Under Secretary Native Department to Land Purchase Officer Thames, 1 July 1881. Maori Affairs Head Office file MLP 1886/36. Supporting Papers #B59.7.

8 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 7 July 1881. Maori Affairs Head OfBce file MLP 1886/36. Supporting Papers #B59.8–9.

9 Under Secretary Native Land Purchase Department to Native Minister, 7 July 1881, on Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 19 April 1881. Maori Affairs Head Office file MLP 1886/36. Supporting Papers #B59.3–4.

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In the Ngaromaki purchase please report by telegraph as soon as one interest has been acquired, in order that the block may be proclaimed [as under negotiation] without loss of time.10

There was however no reply from Wilkinson, suggesting that he was unable to purchase any interests in the block.

At about this time Wilkinson was asked for details about the blocks being sought by private purchasers and about the public dissatisfaction he had referred to earlier in the year. He replied, giving Ngaromaki as one of his examples.

[Ngaromaki block is] of 200 acres, passed the Court, situate on the southern side of the Tararu Creek, about two miles from Grahamstown, and upon which both silver and hematite lodes have lately been discovered, but the working of which is at present prohibited on account of the agreement entered into between the Government and the Natives in 1867 only permitting the mining of gold (and not any other minerals) over the whole of the Thames Gold Field. Seeing that no right to mine for these minerals can be got from the Warden of Gold Fields here, certain Europeans have endeavoured to negotiate with the Native owners for the purchase (and failing that a lease) of this block, in order to enable them to legally work the valuable deposits it contains; this in my opinion should not be allowed, but the Government should become the purchasers of the whole of the freehold of Gold Fields whenever it can be secured from the Natives, so that it may be able to prevent disputes hereafter as to mining upon private property, and also to be in a position to legislate for, and deal more liberally with, the working miner than hitherto it has been able to do on account of the freehold being owned by the Natives, or that it may hereafter be able to do, should such freeholds pass from the hands of the Natives into those of private speculators. ...

Regarding "the reasons of the dissatisfaction of the public and local governing bodies", I may state that the residents upon some of these blocks have built cottages and greatly improved their holdings on the understanding that they would eventually be able to acquire their freeholds through the Government becoming the purchasers of the Gold fields. Another matter greatly connected with this question of freehold is the present large fee charged for the miners right (viz, £1–0–0) which cannot be reduced so long as the Natives own the freehold of the Gold Field, as the Government are under agreement with the Natives to charge £1–0–0 for every miners' right issued on the filed. It is thought therefore by the miners (who form the principal of the Thames public) that the fact of the Government acquiring the freehold of the Gold Field may lead to a reduction of the Miners Right fee, which at the present time is considered an obnoxious tax. Again the large mining properties in the shape of batteries, pumping and winding machinery etc that have been put up at the expense of thousands of pounds should not (it is thought) be allowed to pass into any other hands than those of the Government should the Natives evince any willingness to part with the freeholds upon which these properties are situate.

There are other questions connected with this matter relating to Local Revenue, Roads and Rating etc that I am not competent to deal with, but I may state that these questions have occasionally been bought up in both Borough and County Councils, and the public here consider the matter of such importance that whenever either of the members for this electorate address their constituents, it is nearly always brought before them in the shape of questions by the electors, instance Mr Sheehan's address to the Thames electors only a short time since, when his attention was drawn to the matter, and the fact of the Waiotahi A block being allowed to become the property of a private speculator was unfavourably referred to.11

10 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 12 August 1881. Maori Affairs Head Office file MLP 1886/36. Supporting Papers #B59.10–11.

Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 12 August 1881, on cover sheet to file NLP 1881/219. Maori Affairs Head Office file MLP 1898/119. Supporting Papers #B123.6.

11 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 12 July 1881. Maori Affairs Head Office file MLP 1894193. Supporting Papers #B83.1–6.

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Thames and Hikutaia District: Ngaromaki

Ten years later, in June 1891, Charles Dearle reported that

Thomas H Russell, James Darrow and another have made an offer to the Native owners of the Ngaromaki block situated on the south side of the Tararu Creek and containing z000 acres. The price offered being 51- per acre.

A few years ago the Government endeavoured to purchase this land, fixing the price at 716d per acre, but owners refused to sell at that figure. Since then valuable mining leases, water rights, etc, have been granted over this block. The Sylvia, Norfolk, Norfolk Extended and many others from which considerable revenue is derived and paid to the Native owners as it becomes due. I thought it best to acquaint you with this matter, in order if possible the Government might if you deemed it advisable try and enter into negotiations for purchase and try and prevent private speculators from obtaining this land.12

The Mining Warden provided figures showing that revenue paid to the owners in the previous ten years was nearly £750.

It will be seen that the revenue for the past two years has been on the increase, owing principally to the find in the Sylvia Company's ground, and licensed holdings being taken up adjacent thereto. I am however satisfied that the majority of these licences will shortly have to be forfeited for non-compliance with the Mining Regulations, and should the Sylvia Company's undertaking not prove a success, little or no mining of any importance would be carried on over this block.

However, seeing that the Natives have been offered 15/- per acre, I am satisfied that it could not be obtained under an advance of 2/6 to 5/- per acre over and above that price.

I would suggest a small advance being made to one or other of the owners, and then gazette the block as under negotiation for purchase by the Crown, so as to prevent dealings by private parties.13

But the Native Minister decided that he could not authorise any more than 10/- an acre,233 and this seems to have stopped any further action.

Offer of Lease to the Crown

In June 1898 one of the owners, Murray Teretiu, wrote to the Minister of Mines offering a lease of Ngaromaki to the Crown at a rental of 10/- an acre.

The reason why we wish to lease it to the Government is so that we may be relieved of all trouble, and so that we may always [know] the exact day when the moneys (rent) will be paid to

Us. 15

This offer was interpreted as

an offer to sell the Gold Fields revenue for a paid annual amount. The writer is not sole owners of the land and the proposal is impracticable.16

12 C Dearle, Thames to Mining Warden Thames, 16 June 1891. Maori Affairs Head Office file MLP 1898/119. Supporting Papers #B123.7.

13 Mining Warden Thames to Under Secretary Native Land Purchase Department, 10 July 1891. Maori Affairs Head Office file MLP 1898/119. Supporting Papers #B123.8–9.

14 Under Secretary Native Department to Mining Warden Thames, 10 July 1891. Maori Affairs Head Office file MLP 1898/119. Supporting Papers #B123.10.

15 Murray Teretiu, Kirikiri, to Minister of Mines, 28 June 1898. Maori Affairs Head Office file MLP 2898/119. Supporting Papers #B123.11–12.

16 Chief Land Purchase Officer to Under Secretary for Mines, 25 July 1898, on cover sheet to file NPL 1898/119. Maori Affairs Head Office file MLP 1898/119. Supporting Papers #B123.13.

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The Minister agreed, and the offer was declined.17

Purchase by the Crown

Under the Maori Land Settlement Act 1905, moneys were voted by Parliament for the purchase of Maori owned land for settlement purposes. James Mackay was recruited as the Crown's land purchase officer for the Thames district.

He must have suggested that Ngaromaki be acquired. In October 1906 he was told that

The Ngaromaki Block is rough and broken, and being within a Mining district it is useless to acquire it for settlement purposes. Please understand that the Lands Department are only seeking to acquire such Native Lands as are fit for cutting up for settlement. The freehold of Mining lands we do not want, except in such cases as the Te Aroha Township.19

In November 1906 Teretiu Murray wrote that

There is much contention in connection with the Government negotiations for the purchase of Maori land in the Hauraki District. The action of Government officer, that is of the officer who is purchasing Maori lands, is so hard. The Maoris ask £2, per acre, the Land purchase Officer offers £1. Well, I have not yet answered.

Well my friend, this is to ask you if you can meet my wishes and the Government give £1–5–0d an acre for my land, that is for Ngaromaki containing 2000 acres. It is situate at the Tararu, Thames. That land is all used for gold-mining purposes within the Thames Gold Field, the names of claims worked at the present time are the City of Dunedin, Tararu Creek, Silver; there are many other claims on that block. There are eight people in that land, all living at Hauraki. I should be associated with the Government land purchase officer.

The Honourable Mr McGowan knows that land at Tararu.

Friend, if you give effect to this matter, it will not be long before all the land will be disposed of to the Government by sale.19

The Minister for Mines, McGowan, was asked if he was interested in Ngaromaki being purchased for mining purposes. He replied that

This land is worth £1–2–6d per acre for mining purposes; it is not all taken up at present. Worth nothing for settlement.20

As a result Mackay was told to purchase the block.

If, therefore, you cannot secure it for £1 per acre [the price being offered by Mackay for other blocks], which I think is sufficient, you are authorised to negotiate up to £1–2–6d per acre.21

Mackay seems to have been unable to act until the relative interests of the owners of the block had been defined. This involved determining how many shares three persons who were admitted to the ownership of the block in 1905 should have, and who of the original owners

17 Under Secretary for Mines to Murray Teretiu, Kirikiri, 28 July 1898. Maori Affairs Head Office file MLP 1898/119. Supporting Papers #B123.14.

18 Under Secretary for Lands to Land Purchase Officer Paeroa, 1 October 1906. Lands and Survey Head Office file 55964. Supporting Papers #D5.I.

19 Teretiu Murray, Kopu, to Native Minister, 20 November 1908. Lands and Survey Head Office file 55964. Supporting Papers #B5.2–6.

20 Under Secretary for Mines to Under Secretary for Lands, 2I January 1907, on Teretiu Murray, Kopu, to Native Minister, zo November 1908. Lands and Survey Head Office file 55964. Supporting Papers #D5.2–6.

21 Under Secretary for Lands to Land Purchase Officer Paeroa, 23 January 1907. Lands and Survey Head Office file 55964. Supporting Papers #D5.7.

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should give up shares to allow this to be achieved. The Court gave a decision on this in early September 1907.22

All but three interests in Ngaromaki were purchased by James Mackay for the Crown in September and October 1907.23 The price paid was on the basis that the block as a whole was

worth £2000 (i.e. £1 an acre).

In November 1907 Raiha Poono was paid £62–10–0d for her interest in Ngaromaki.

The two other owners (Tarawaikato and Tahimana Tuangahuru) lived in Western Australia,

and Mackay arranged for them to sign a power of attorney authorising Alexander Hogg to act for them in New Zealand. Hogg then signed the purchase deed on their behalf in June

1908.

Only after the purchase was complete did the existence of some timber cutting rights on the block become known. The Commissioner of Crown Lands Auckland wrote that

Mr James Hawke is at present cutting and removing the kauri timber therefrom, and who claims that he purchased the timber from Mr Darach [sic - should be Mr Darrow], who acquired such right from the Natives considerably prior to the Crown purchase. Mr Hawke states his intention to continue cutting the timber.24

He was told that

Unless Mr Hawke can show title to the [timber rights], he must cease to cut on the Block, otherwise steps will have to be taken in the matter by the Crown Solicitor. You will require to approach this matter very carefully in the meantime, as the Crown title has not yet been registered, the last signatures having only recently been obtained. Moreover the Chief judge of the Native Land Court suggested that we should wait the sitting of the Court and put in our Conveyance and obtain an Order of the Court to the Crown direct. The Crown Deed bears the date of the 12th September 1907. It would be advisable for you to inquire from the Warden's office at the Thames whether any dealings have taken place which affect the Block, as I believe some revenue has accrued from same. This may be in connection with the timber.25

The Crown applied to the Native Land Court to have its interest in Ngaromaki defined. In October 1908 the Court awarded the whole block to the Crown.26

Ngaromaki was declared Crown Land in August 1909.27

22 Hauraki Minute Book 56 pages 367–373. Supporting Papers #J63.32–38.

23 Auckland Deed 3845. Supporting Papers #A359.

24 Commissioner of Crown Lands Auckland to Under Secretary for Lands, 20 July 1908. Lands and Survey Head Office file 58755. Supporting Papers #H117.1.

25 Under Secretary for Lands to Commissioner of Crown Lands Auckland, 27 July 1908. Lands and Survey Head Office file 58755. Supporting Papers #D17.2.

26 Hauraki Minute Book 59 page 97. Supporting Papers #J66.9.

Order of the Court, 26 October 2908. Copy on Auckland Deed 3845. Supporting Papers #A359.

27 New Zealand Gazette 1909 page 2065. Supporting Papers #W42.4.

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OMAHU WEST

CREATED 17 December 1873

Hauraki Minute Book 8 pages 260-261

AREA Omahu West - 1157 acres

Omahu West I - 212 acres 2 roods Omahu West 2 - 992 acres z roods Omahu West 3 - 390 acres o roods 35 perches

PLAN Hamilton Maori Land plans 2898, 2899 and 3026

Investigation of Title

Survey of Omahu West block for Tamati Paetai and

others was completed by Dudley Eyre in June 1873. When checked it was found that his plan had overlapped the plan for Horete 1 by 51 acres, and had to be corrected to this extent.'

Survey of Omahu West 1 and 2 was also done by Dudley Eyre, for Hawira Te Whaapu.'

Survey of Omahu West 3 was also done by Dudley Eyre, for Rawiri and others. The survey plan was completed in November 1873.3

At the Court hearing in December 1873 of the Omahu West, and Omahu West 1, 2 and 3 blocks, Tamati Paetai of Ngati Tamatera claimed the block on behalf of himself and a number of others. James Mackay stated that the Crown had "got a contract with the natives for this block and paid money on it". The owners agreed with this statement.

The Court then agreed to issue four separate certificates of title, for

Omahu West 15 owners

Omahu West 1 25 owners

Omahu West 2 41 owners

Omahu West 3 10 owners4

Purchase by the Crown of Omahu West

In a deed dated 31 December 1874 all the owners of Omahu West agreed to sell the block to the Crown for £3oo.5

Omahu West was declared Waste Lands of the Crown in March 1879.6 However this was only after an irregularity in connection with this and some other deeds, for lands declared Waste Lands of the Crown at the same time, was rectified. Some of the signatures had not

1 Hamilton Maori Land plan 2898. Supporting Papers #N78.

2 Hamilton Maori Land plan 2899.

3 Hamilton Maori Land plan 3026. Supporting Papers #N1o7.

4 Hauraki Minute Book 8 pages 26o-261. Supporting Papers #J14.42-43.

5 Auckland Deed 1040. Supporting Papers #A9o.

6 New Zealand Gazette 1879 pages 42o-421. Supporting Papers #W12.6-7.

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been witnessed by a Resident Magistrate, or the grantees were minors. The Under Secretary made a special trip to Wanganui to interview Mackay, and reported back to the Native

Minister that

Mr Mackay assured me that ... in every case the owners were satisfied with the amount paid, and he considers the Crown's title clear and good.

Mr Mackay at my request has certified on each deed that the purchase is complete, and that he is not aware of any objection to the lands being proclaimed Waste Lands of the Crown.

Under these circumstances I beg respectfully to recommend that the lands be at once proclaimed Waste Lands of the Crown.'

The matter went before Cabinet, where proclamation was approved.

Purchase by the Crown of Interests in Omahu West I

In a deed dated November 1874, 24 of the 25 owners of Omahu West I sold their interests to the Crown, at a rate equivalent to the whole block being worth £48.8

In July 1877 Mackay explained that

the land was granted to 25 persons, 24 of whom executed a deed of conveyance to the Crown, the remaining grantee (Hohepa Te Rauhihi) refused to sell, through Hauhau scruples.9

The Crown in May 1878 notified that monies had been paid for interests in Omahu West 1, and that purchase of the block was being negotiated by the Government.10

The Court in November 1879 determined that the Crown had purchased interests equivalent to 204 acres, and ordered a subdivision of that area in the name of the Crown in the south western part of the block, to be known as Omahu West IA.11 The non-seller was awarded Omahu West 113 of 8 acres z roods. The Court was told that the sole non-seller was Marara Hauata, who had died and left a will in favour of Teretiu Kingi, but no succession had been ordered for Marara's interest in Omahu West 1.

Omahu West IA was declared Waste Lands of the Crown in March 1880,12 and the Crown then notified that it had no further interest in acquiring any more of Omahu West I.13

Purchase by the Crown of Interests in Omahu West 2

In a deed dated June 1874, 34 of the 41 owners of Omahu West 2 sold their interests to the Crown, at a rate equivalent to the whole block being worth £73.14 There is a reference also to a deed dated October 1877 selling the block for £230.

7 Accountant Native Department to Native Minister, 17 February 1879. Maori Affairs Head Office file MLP 1883/94. Supporting Papers #B44.1-2.

8 Auckland Deed 1192. Supporting Papers #A110.

9 J Mackay, Thames, to Minister for Public Works, 3r July 1877. AJHR, 1877, G-7, pages 7-10. Supporting Papers #Uu.i-4.

10 New Zealand Gazette 1878 pages 600-6o8, at page 603. Supporting Papers #w11.1-9.

11 Hauraki Minute Book rz pages 287-288. Supporting Papers #J18.48-49. Order of the Court, 18 November 1879. Copy on Auckland Deed 1192. Supporting Papers #Ano.

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

13 New Zealand Gazette 1881 pages 756-761. Supporting Papers AA/4.16-21.

14 Auckland Deed 1189. Supporting Papers #A109.

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Thames and Hikutaia District: Omaha West

In July 1877 Mackay explained that

The Omahu West No 2 block was granted to 41 persons, 34 of whom executed the deed of conveyance; 7 refused to sign. At the last sitting of the Native Land Court the shares of 3 of the dissentients were apportioned to them in land, and the other 4 have since agreed to sell their interests.15

The Crown in May 1878 notified that monies had been paid for interests in Omahu West 2, and that purchase of the block was being negotiated by the Government.16

The Crown's interest in the block was defined by the Court in August 1878, when it awarded the Crown Omahu West 2A of 890 acres 2 roods. The non-sellers were awarded Omahu West 2B of 102 acres.17

Omahu West 2A was declared Waste Lands of the Crown in March 1880,18 and the Crown then notified that it had no further interest in acquiring any more of Omahu West 2.19

Exchange with Hoani Nahe for portion of Omaha West 2A

In August 1878 Hoani Nahe wrote to the Native Minister about exchanging 325 acres of Horete IA for the westernmost 325 acres of the Crown's Omahu West 2A.

We have five shares in Te Horete Block that we wish to exchange for land at Omahu West No 2, each individual's share is 65 acres, making a total of 325 acres. These five shares have all been given to me by my friends for me alone. My name alone to be in the Grant.

This gift is made to me according to Maori custom. I now apply to you in respect of that 325 acres. Although the land is in the mountains, still let me have the exchange on the flat land, do you show me some consideration and also regard my loss through our land at Kahukurawaharahi being included in Miriama Pehi's sale of land to the Government, however our loss was occasioned through two Courts holding their sittings at the same time, and we informed the Court that we had lost our land through Miriama's sale. That land now adjudicated on yesterday, and Mr Munro was requested to have a survey made according to our boundaries as known by us, and though a Crown Grant had issued for it, yet the Government should investigate the matter.

It was surveyed and the area thereof ascertained to be 1040 acres. Well, I suffered through having to pay for a fruitless survey conducted through instructions given by the Court.

There were only 130 acres of our land that were excluded from that sale, that was the portion that was awarded to us.

Should you favourably consider my application, do you telegraph to Mr Preece to have the 325 acres of Te Horete taken in exchange for land at Omahu West No 2 block.20

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

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

17 Hauraki Minute Book n pages 107, no and 291. Supporting Papers #J17.45, 47 and 74. Order of the Court, 31 August 1878. Copy with Auckland Deed 1189. Supporting Papers #A109.

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

19 New Zealand Gazette 1881 pages 756–762.

20 Hoani Nahe, Grahamstown, to Native Minister, 5 August 1878. Lands and Survey Head Office file 14422. Supporting Papers #D1.3–6. Nahe had first set out his proposal in a letter in April 1878. Hoani Nahe, Auckland, to Native Minister, 30 April 1878. Lands and Survey Head Office file 14422. Supporting Papers #D1.1–2.

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The Minister agreed.21 Hoani Nahe later asked for the names to go on the Crown Grant for the portion of Omahu West 2A to be himself, Hori Matene and Hera Tuhirae (Hoani's wife), in proportions as set out by him.22

It was subsequently found that the portion of Omahu West 2A intended to be granted to Hoani Nahe had an area of 363 acres 2 roods.

Delays in the issue of the Order of the Court awarding Omahu West 2A to the Crown, and in the survey of the 363 acres 2 roods to be then granted to Hoani Nahe, meant that it was not until September 1880 that a Crown Grant was issued for the land being given to Hoani Nahe, Hori Matene and Hera Tuhirae.

Second Exchange with Hoani Nahe for Portion of Omahu West 2A

Once the boundaries of the 363 acres 2 roods to be awarded to Hoani Nahe became known to him, he found that the area did not include some bush near the north east corner. Hoani

therefore proposed that a further 18 acres, on which the bush was growing, adjoining and to the north east of the 363 acres 2 roods, be also awarded to him.23 This was agreed to by the

Native Minister in September 1879, subject to 18 acres elsewhere in the 363 acres 2 roods not being granted, i.e. no increase in the area to be granted.24

When the plans were prepared, the Chief Surveyor commented that

Omahu West No 2A was awarded to the Queen and 363.2.0 of Omahu West to Hoani Nahe by the Native Land Court. Consequently I think that the Crown will have to grant to Hoani Nahe the 18.0.0 now added to his land, and that he in exchange will have to convey to the Crown the r8 acres for which the other was exchanged. As a matter of fact the memorial (and eventually the Crown Grant) will follow the Order of the Court, and will thus include in it the 18 acres which Hoani Nahe proposes to exchange.25

However in Wellington it was noted that

This does not appear to be a correct view of the case.

The NLC awarded 890 acres of Omahu West No 2 Block to Her Majesty, 363 acres of which is about to be given to Hoani Nahe and 2 others in consideration of their having conveyed to the Crown their interests in Horete Nor Block.

The 18 acres is simply cut off at one side of the 363 acres and put on at the other.26

The Crown Grant for the 363 acres 2 roods, without incorporating the 18 acre exchange, was issued in September 1880. No action was taken on the 18 acre exchange.

21 Telegram Native Minister to Hoani Nahe, Grahamstown, 6 August 1878. Lands and Survey Head Office

file 14422. Supporting Papers #D1.7–8.

22 Hoard Nahe to Native Minister, undated, and Hoani Nahe to Accountant Native Department, 4 September 1878. Lands and Survey Head Office file 14422. Supporting Papers #D1.9–23 and 14.

23 Note by Land Purchase Officer Thames, 1 July 2879, on plan attached to Chief Surveyor Auckland to Under Secretary Native Land Purchase Department, 19 September 2879. Lands and Survey Head Office file 14422. Supporting Papers #D1.16–19.

24 Under Secretary Native Land Purchase Department to District Surveyor Auckland, 9 September 1879, on
cover sheet to file NLP 1879/337. Lands and Survey Head Office file 14422. Supporting Papers #D1.15.

25 Chief Surveyor Auckland to Under Secretary Native Land Purchase Department, 19 September 1879. Lands and Survey Head Office file 14422. Supporting Papers #D1.16–19.

26 File note by Accountant Native Land Purchase Department, undated, attached to Chief Surveyor Auckland to Under Secretary Native Land Purchase Department, 29 September 1879. Lands and Survey Head Office file 14422. Supporting Papers #D1.16–19.

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In June 1891 Hoani Nahe raised the matter of the 18 acre exchange.

This is a question of mine to you in reference to the 18 acres of the bush land, applied for by me to Mr Gill in order to supply me with firewood on Omahu, that is on the 363½ acres made over to me. Mr Gill also agreed to the 18 acres when he was in Wellington in the Crown Land Office, in accordance with the explanation given by Mr George Wilkinson, the same being in writing on the side of the plan forwarded to Mr Gill, who was to complete the conveyance to me of the acres for me (363½). Mr Gill himself informed me that the plan for the 363½ acres would be forwarded to the Land Office in Auckland, in order to have a Crown Grant made, that 18 acres of the bush land would be included in the Crown Grant, and that 18 acres would also be cut off in exchange for those included. When the Crown Grant was completed the 18 acres of bush land were not included, nor were the 18 acres in my lot left out. I thought then that my application for a portion of the bush land had been refused, but I now find that both these 18 acre lots are marked on the plan of the Native Land Court. This gives me the impression that the person who made the Crown Grant forgot (to make the exchange). Nevertheless the Grant made by Mr Gill still holds good as proved by the said portions being marked on the plan of the Native Land Court. This was no doubt done to remind them of it.

I request that you will be good enough to ascertain the course I have to adopt in the matter in order that I may become possessed of the said bush land which is only 12 chains distant from my house, because all bush land on each side of my kainga is held by persons holding licences for occupation, the holders of which pay 12/6d per annum on each 50 acres (the above mentioned bush has not as yet been taken). I have also forwarded a letter similar to this to the Registrar of the Native Land Court at Auckland, and he will in all probability send it on to the Crown Land Office there."

The immediate reaction in Wellington was that

The Grant is in accordance with the original agreement. There does appear to have been some intention to sanction the exchange of 18 acres, which was not however carried out, whether by oversight or not I am not prepared to say, but in any case Hoani Nahe has no grievance as the original agreement was in itself a large concession to him.28

But the Native Minister was then advised that

It would appear that Mr Nahe has good grounds for the claim he now makes, though the original exchange seems to have been very much in his favour. Recommended that the Surveyor General, whose minutes I see on the former papers, be requested to state whether the exchange of the 18 acres if now approved can be given effect to.29

The Minister agreed.

However it was found that part of the 18 acres containing the bush had been declared to be a quarry reserve.30 In August 1891 the Native Minister instructed that an officer of the Lands

and Survey Department should negotiate a solution with Hoani Nahe, but "don't part with the quarry reserve, or the local body will have a larger claim than Nahe".31

27 Hoani Nahe, Puriri, to Under Secretary Native Department, 29 June 1891. Maori Affairs Head Office file MLP 1891/229. Supporting Papers #B73.1–5. A similar letter was sent to the Registrar Native Land Court Auckland. Lands and Survey Head Office file 14422. Supporting Papers #D1.29–31.

28 Accountant Native Department to Under Secretary Native Department, 21 July 1891, on cover sheet to file NLP 1891/201. Lands and Survey Head Office file 1442.2. Supporting Papers #D1.32–33.

29 UnderLinder Secretary Native Department to Native Minister, 22 July 1891, on cover sheet to file NLP 1891/201.

Lands and Survey Head Office file 14422. Supporting Papers #D1.32–33.

30 Chief Surveyor Auckland to Surveyor General, 5 August 1891. Lands and Survey Head Office file 14422.

Supporting Papers #D1.34–36. The reserve was Section 3 Block IV Waihou Survey District.

31 Native Minister to Surveyor General, 26 August 1891, attached to Chief Surveyor Auckland to Surveyor General, 5 August 1891. Lands and Survey Head Office file 14422. Supporting Papers #D1.34–36.

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In March 1892 the Commissioner of Crown Lands in Auckland reported that

I have seen Hoani Nahe about the proposed exchange of 18 acres out of Omahu West No 2A for an equal area to the east of it. The land he wished to acquire has been gazetted a Quarry Reserve, and this was the only land he wanted, as it is the only land near that has any bush upon it. The decision come to is this: He wishes the land to remain as it is, and no exchange to take place, but asks that a licence to cut firewood on the Quarry Reserve for say 6 or 12 months without any cost to himself, and this I would recommend should be done, as had the exchange taken place the cost of a surveyor cutting 18 acres off one part and surveying 18 acres elsewhere., and the preparation of Grant etc, would amount to more than the value of the firewood taken for the period stated.32

The Minister of Lands agreed with a recommendation that

The licence for 6 months might be issued by the Commissioner I think, on Hoani Nahe giving an undertaking to make no further claim on the Government in reference to proposed exchange of land at Omahu West, Thames.33

In May 1892 Nahe was offered the timber cutting rights (for firewood purposes only) for 6 months over the whole 41 acres of the quarry reserve, instead of receiving the freehold title.34 He replied that

That was not what was agreed upon.

Considerably over ten years ago I was promised by the Government 18 acres of land to cut firewood upon, for which I should cut out 18 acres of my land at Omahu in payment when the Crown Grant for my land of 363½ acres was completed.

By my cutting out 18 acres, and their giving me 18 acres, I would still have 363½ acres. But when the Crown Grant was made and received by me I found that 18 acres of my land were not cut out and their 18 acres were not included in my block, so I did not bother any more about the matter.

When the Native Land Court was sitting here in 1891 when Omahu West No 2B subdivided, I found in the plan of the Court that 18 acres of my land were cut out and 18 acres of the Quarry Reserve were added to it. I asked Judge Scannell why these 18 acres appear so in the plan. After I explained to him what I knew of them, he concurred with my opinion. I told him I did not receive the said 18 acres of bush land, and asked him how I could get it. He told me to ask the late Mr Lewis or the Minister of Crown Lands. I did so and received a letter from the Commissioner of Crown Lands Auckland to see him about these two 18 acres when I should call there. Last February I went to see him. He told me he could not carry out the promise made previously as the said 18 acres were included in the Quarry Reserve at Omahu, but if I liked the Government would give me another 18 acres to the north east of it in exchange for 18 acres of Omahu West No 2A. I told him there was no bush land there, it was fern land, and the bush was right away over the other side of it and that there was no road to get the firewood out. We agreed there and then that there should be no exchanges made. After this he told me he would give me a licence to cut firewood for six months on it. I was to take as much firewood as I could during the six months by virtue of the licence he would send me, and what remained after that time I should not cut. I did not understand him that I was to give 18 acres in payment for what wood I could get out during the six months. If I knew that this was what he meant, I would not have agreed. I thought he meant I should cut firewood on it for six months without giving my a acres. But now I would not agree.

32 Commissioner of Crown Lands Auckland to Surveyor General, 15 March 1892. Lands and Survey Head Office file 14422. Supporting Papers #D1.37.

33 Surveyor General to Minister of Lands, 9 May 1892, on Commissioner of Crown Lands Auckland to Surveyor General, is March 1892. Lands and Survey Head Office file 14422. Supporting Papers #D1.37.

34 Commissioner of Crown Lands Auckland to Hoani Nahe, Thames, 3 May 1892. Maori Affairs Head Office Special File 62. Supporting Papers #C13.28.

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I will not sign the documents sent you for my signature. I thank the Commissioner of Crown Lands for the trouble he took to obtain for me the said bush, but as I have already obtained an occupation licence of ten acres from you and the Warden, which would give me the same power as a licence to cut timber, I therefore do not care to sign the documents which you sent for me to sign.35

Nahe may have misunderstood the Commissioner's letter, as it does not seem to have been

the intention for the Crown to pursue its interest in the 18 acres of Nahe's land. Rather the 6 month firewood cutting opportunity was seen as recompense for the Crown renouncing its

1879 agreement to exchange the 18 acres.

Purchase by the Crown of Omahu West 3

All ten owners signed a deed dated December 1874, selling the block to the Crown for £m o (i.e. just over 5/- an acre).36 However not all owners had signed in 1874, as Mackay explained in July 1877 that at that time

nine have executed the deed of conveyance, and one (Hone Mahia) is in the King Country.37

The Crown in May 1878 notified that monies had been paid for interests in Omahu West 3, and that purchase of the block was being negotiated by the Government.38

Omahu West 3 was declared Waste Lands of the Crown in March 1879.39 However this was only after an irregularity in connection with this and some other deeds, for lands declared Waste Lands of the Crown at the same time, was rectified. Some of the signatures had not been witnessed by a Resident Magistrate, or the grantees were minors. The Under Secretary made a special trip to Wanganui to interview Mackay, and reported back to the Native Minister that

Mr Mackay assured me that ... in every case the owners were satisfied with the amount paid, and he considers the Crown's title clear and good.

Mr Mackay at my request has certified on each deed that the purchase is complete, and that he is not aware of any objection to the lands being proclaimed Waste Lands of the Crown.

Under these circumstances I beg respectfully to recommend that the lands be at once proclaimed Waste Lands of the Crown.40

The matter went before Cabinet, where proclamation was approved.

Despite being declared Crown Land, it was subsequently found that Section 3 Native Land Act Amendment Act 1881 required an order of the Native Land Court in favour of the Crown to be issued. The Crown in June 1883 applied to the Native Land Court to have its interest in Omahu West 3 defined. The Court in May 1885 awarded it the whole block.41

35 Hoani Nahe, Thames, to Commissioner of Crown Lands Auckland, 20 June 1892. Maori Affairs Head Office Special File 62. Supporting Papers #C13.29.

36 Auckland Deed 1041. Supporting Papers #A91.

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

38 New Zealand Gazette 1878 pages 600–608, at pages 603–604. Supporting Papers #W11.1–9.

39 New Zealand Gazette 1879 pages 420–421. Supporting Papers #W12.6–7.

40 Accountant Native Department to Native Minister, 17 February 1879. Maori Affairs Head Office file MLP

1883/94. Supporting Papers #B44.1–2.

41 Hauraki Minute Book 17 page 97. Supporting Papers #.J23.1.

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After obtaining the order of the Court, Wilkinson telegraphed to Wellington that

two of the owners, named Tamara Takuna and Tuihana Pipi respectively, say they never signed the deed or got any payment. One of them (Tamara) says she was a minor at the time. Have you any voucher to prove payments made by them? The signatures were witnessed in both cases by Messrs Guilding and O'Halloran.42

He was told that

If Natives persist in denying their signatures and case is reopened before the Court, you must ask the Judge to summons one of the attesting witnesses to give evidence. It is very difficult to turn up old vouchers, and in the ledger, in cases where several natives have signed the same receipt, one name only is entered.

Tuihana received a final payment of three pounds ten shillings witnessed by Guilding on 26th April 1875. I will proceed further with the search if necessary, but I think however that proof of signature to the deed is all that the Court will require. Neither Crown Grant nor Certificate of Title shows Tamara to have been a minor, nor was any Order in Council appointing trustees for her interest in the block ever made. If however you are afraid that she will beat you on that point, you had better give her two or three pounds as a full settlement of her claim.43

The following day Wilkinson replied that

The case will not be reopened, but the Natives spoke to the Judge about it subsequently in Court, and he referred them to me. One of them (Tamara) has already written me a letter denying her signature and having received any payment, also claiming that she was a minor at the time. Shall I try and settle the matter by paying two or three pounds? If so, is there any particular way you wish the voucher worded?44

There is no record of any further action by either the Crown or the aggrieved owners.

42 Telegram Native Agent Thames to Under Secretary Native Land Purchase Department, 27 May 1885. Maori Affairs Head Office file MLP 1885/267. Supporting Papers #B57.1–2.

43 Telegram Under Secretary Native Department to Native Agent Thames, 27 May 1885. Maori Affairs Head Office file MLP 1885/267. Supporting Papers #B57.3.

44 Telegram Native Agent Thames to Under Secretary Native Land Purchase Department, 28 May 1885. Maori Affairs Head Office file MLP 1885/267. Supporting Papers #B57.4.

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TE ONETAI

CREATED 17 December 1873

Hauraki Minute Book 8 page 264

AREA Te Onetai i - 1137 acres 2 roods Te Onetai 2 - 359 acres z roods

PLAN Hamilton Maori Land plan 2900-29 o oA

Investigation of Title

Survey of Onetai was completed by Dudley Eyre in June 1873.1

The Court ordered a certificate under Section 17 for 19 owners of Te Onetai and a certificate without any restrictions to io owners for Te Onetai 2.2.

Crown Purchase of Te Onetai

In a deed dated December 1874, the owners of Te Onetai i sold the block for £216

(i.e. approximately 3/9d an acre).3 Mackay negotiated the purchase for the Crown. However

not all owners had signed the deed in 1874, as Mackay in July 1877 reported that

The Onetai No i Block was granted to 19 Natives, 17 of whom executed the deed of conveyance. Hohepa Te Rauhihi was a grantee, and again [as in Omahu West declined to sell. The other grantee (Marara Hauata) died, and a succession order for her interest has not been made by the Native Land Court.'

The Crown in May 1878 notified that monies had been paid for interests in Te Onetai i and 2, and that purchase of the block was being negotiated by the Government.5

Te Onetai i was declared Waste Lands of the Crown in 1879.6 However this was only after an irregularity in connection with this and some other deeds, for lands declared Waste Lands of the Crown at the same time, was rectified. Some of the signatures had not been witnessed by a Resident Magistrate, or the grantees were minors. The Under Secretary made a special trip to Wanganui to interview Mackay, and reported back to the Native Minister that

Mr Mackay assured me that ... in every case the owners were satisfied with the amount paid, and

he considers the Crown's title clear and good.

Mr Mackay at my request has certified on each deed that the purchase is complete, and that he is not aware of any objection to the lands being proclaimed Waste Lands of the Crown.

Under these circumstances I beg respectfully to recommend that the lands be at once proclaimed Waste Lands of the Crown.'

The matter went before Cabinet, where proclamation was approved.

I Hamilton Maori Land plan 2900-2900A. Supporting Papers #N80.

2 Hauraki Minute Book 8 page 264. Supporting Papers #114.44.

3 Auckland Deed 1039. Supporting Papers #A89.

4 J Mackay, Auckland, to Minister for Public Works, 31 July 1877. AJHR, 1877, G-7, pages 7-10. Supporting Papers #WILI-4.

5 New Zealand Gazette 1878 pages 600-6o8, at page 603. Supporting Papers #Wn.1-9.

6 New Zealand Gazette 1879 pages 420-421. Supporting Papers twr2.6-7.

7 Accountant Native Department to Native Minister, 27 February 1879. Maori Affairs Head Office file MLP 1883/94. Supporting Papers #B44.1-z.

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Crown Purchase of Interests in Te Onetai 2

In a deed dated December 1876, the Crown purchased interests in Te Onetai 2.8 The block was valued at £76–10–od, or just over 4/3d an acre.

Mackay in July 1877 reported that

Onetai No 2 Block was granted to 10 persons, 6 of whom have executed the deed of conveyance; four declined to do so in consequence of their relations being buried on a part of the block. After lengthened negotiations, they have agreed to make a reserve of the burial ground, and their claim can be arranged for.9

There was agreement that a burial reserve in the south west corner of the block, with an area of 10 acres, would not be purchased.10

Application was made to the Native Land Court to have the Crown's interest in the block determined. 11

In November 1879 the Court was told that six of the 10 owners had sold their interests in Onetai 2 to the Crown, and been paid a total of £59–11–od. The Court noted that two of those who had sold appeared to have been minors at the time they signed the deed, and then adjourned the case at Wilkinson's request. 12

In January 1880 Wilkinson reported that

Since my last report this block has been before the Native Lands Court on an application to have the Crown's interest therein determined, but it appears that when the purchase was commenced by Mr Mackay some years ago, certain children who owned shares in the block were allowed to sign the Deed in conjunction with their elder relatives and the amount of purchase money was paid over to them. This having been brought before the notice of the Court, it decided that the interests of the minors could not be deemed to have been parted with, such being the case and as several of the interests thus dealt with were originally owned by minors, I asked to have the case adjourned in order that I might consult with you as to what would be the best course to pursue in this matter.13

The Under Secretary's response was that

I see no other way than to accept what land the Court will award on account such Grantees who have signed the Deed of Conveyance legally, or to request the return of the money paid and abandon the purchase. 14

In March 1881 George Wilkinson recommended that the Crown apply to the Native Land Court to have its interest in Te Onetai 2 defined. He noted that

The Crown's claim to a portion of this block has already been before the Court, but as some of the owners who had signed the deed some years ago, when Mr Mackay had charge of land

12 Hauraki Minute Book 12 pages 286–287. Supporting Papers #J18.47–48.

13 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 1880/58. Supporting Papers #625.1–14.

14 File note by Under Secretary Native Land Purchase Department, on Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 1880/58. Supporting Papers #B25.1–14.

8 Auckland Deed 1355. Supporting Papers #A133.

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

10 Auckland Deed 1355. Supporting Papers #A133.

11 New Zealand Gazette 1880 pages 1683–1684. Supporting Papers #W13.7–8.

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purchase affairs, were proved to have been children at the time they signed, the Court dismissed the application.

I think the matter should be brought before the Court again, and the Crown be content to accept whatever it may be legally entitled to, viz. the shares of those who were of age when they disposed of the same.15

Application was made in April 1881. When it was heard in December 1881, the Court was told by Wikitoria Te Ngahue that she had signed, but now objected to the sale and "would rather return the money than lose the land". The Court decided that Mata, Wikitoria's older sister by two or three years, "must be deemed to have obtained her majority, and that Wikitoria was at the date of sale within a year of it". It therefore decided that the sale of Wikitoria's interest was to be disallowed. The Crown's interest was then cut out as Onetai 2B of 180 acres. This left the non-sellers (including Wikitoria Te Ngahue) with Onetai 2A of 180 acres. The 10 acre burial reserve was separately ordered, as Onetai 2C, to be in the names of the 9 original owners of Onetai 2.16

In its orders the Court had been under the impression that the true area of Onetai 2 was 370 acres. This was incorrect, and Onetai 2A and 2B were subsequently reduced to 175 acres each.

Onetai 2B was declared Waste Lands of the Crown in March 1882. 17

Onetai 2 A

Onetai 2A was purchased by Hugh Butler. The Court determined that he was entitled to the freehold title to the block in February 1886. 18

15 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 25 March 1881. Maori Affairs Head Office file MLP 1881/189. Supporting Papers #B35.1–13.

16 Hauraki Minute Book 14 pages 19–23. Supporting Papers #J20.10–14.

17 New Zealand Gazette 1882 pages 498–501. Supporting Papers #W15.3–6.

18 Order of the Court, 13 February 1886. Hamilton Land Registry Provisional Register 24/71.

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Thames and Hikutaia District: Opango

been negotiated by James Mackay on the lessors behalf, before he became a Crown land purchase agent. The lease was certified by the Trust Commissioner in July 1874.

Purchase by the Crown

The same day the timber was leased, but made subject to the lease, Opango was purchased by the Crown for £103. James Mackay was the Crown's land purchase agent, and noted on the deed that

the land described in the within written conveyance to Her Majesty the Queen was purchased by me for the Colonial Government under an authority from them; that a long time previously to receiving my instructions from the Government I had made an arrangement with the Native owners for the purchase of the forest trees and incidental rights for Messieurs Thomas Russell, William Chisholm Wilson and Captain James stone and had paid large sums of money thereon; that I agreed to act for the Government in acquiring the freehold only on condition that all my said arrangements for the forest were respected by the Government; that accordingly prior to my negotiations for the purchase of the said freehold land the forest and all necessary incidental rights thereto were purchased by me (with the consent of the Government) from the Native owners for the said Thomas Russell, William Chisholm Wilson and Captain James Stone and were conveyed to them by deed the 24th August 1872; that subsequently I purchased the said freehold for the government subject to the rights acquired or intended to be acquired by the said Thomas Russell, William Chisholm Wilson and Captain James Stone; and that the Native owners of the said land did sell the said land to the Government on condition that the rights of the said Thomas Russell, William Chisholm Wilson and Captain James Stone to that said forest should be recognised and upheld by the Government.7

The signatures seem to have been obtained on two separate occasions. James Preece was the interpreter who witnessed 6 of the owners signing, while William Grace was interpreter who witnessed the other 2 owners signing.

Opango was declared Crown Land in June 1874.8

7 Auckland Deed 256. Supporting Papers #A13.

Turtons Deeds, Deed 368, pages 481–487. Supporting Papers #T2.123–129. Turtons Deed Plans. Supporting Papers #T3.70.

8 New Zealand Gazette 1874 pages 403–412. Supporting Papers #W7.4–13.

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OPITOMOKO AND KURANUI

CREATED 20 December 1873

AREA Opitomoko -175 acres Kuranui -168 acres

PLAN Hamilton Maori Land plans 3028-3029 and 3057

Cession of Gold Mining Rights to the Crown

EW Puckey, Native Agent at Thames during the 1870's, wrote a summary report, on leaving the Government's employ in 1880, about the measures he had taken to pay goldfields revenue to the rightful owners.

For some years after I came here [in late 1869] the Miners Rights and other fees accruing from Opitomoko, Kuranui and Moanataiari were paid solely to Rapara Maunganou or his wife Turukira Poha. I was aware there were other persons who ought to receive a portion, but their claims were in no way recognised by the principal owners. These persons, acting on my advice at length, had the land, in which they claimed to be interested, surveyed and adjudicated on by the Native Land Court and the extent of their interests defined.1

Investigation of Title

A survey of Opitomoko and Kuranui blocks was carried out by EH Beere and completed in April 1873.2

Title to the blocks was investigated by the Native Land Court in December 1873. A fresh survey plan was then prepared by Beere to accord with the Court's orders.3

Purchase by the Crown

In August 1881 George Wilkinson, the land purchase officer at Thames, telegraphed that

I have ... an offer from a native named Hori More, who owns one sixth of Kuranui block and one-sixth of Opitomoko block, for sale of same to Government. The total area of these blocks are 168 acres and 175 acres respectively. Hori More owing one-sixth of each. The total revenue from the blocks during the last twelve months has been Kuranui about £495 and opitomoko about £49, Hori's share of which has been about £83 and £8 respectively. He is now asking £400 for the sale of his interests in both blocks.4

Wilkinson provided a detailed statement of mining revenue, which showed that in the year to the end of March 1881 £494-9-od had been collected on Kuranui, of which one-sixth would be £82-8-2d.5

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 Land Act 1935. Maori Affairs Head Office Special File 62. Supporting Papers #C13.1-13.

2 Hamilton Maori Land plan 3028-3029. Supporting Papers #N108.

3 Hamilton Maori Land plan 3057. Supporting Papers #N113.

4 Telegram Native Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 12 August 1881. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.7-8.

5 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 17 August 1881. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.9-11.

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The Native Minister was advised that

Kuranui contains 168 acres and Opitomoko 175 acres, owned by four grantees, Hori More one sixth, Miriama one-third, Matiu one sixth, and Turuhira one-third. The revenue from the two blocks for the year ending March 1881 was £543–1–0d, and for the quarter ending June £182–4–6d. Hori more wishes to sell his share for £400–0–0d. His share of goldfields revenue for the year [to] March 1881 was £ 90–10–0d. I recommend the purchase at a price not to exceed £400.6

The Minister approved the purchase, and Wilkinson was instructed accordingly in November 1881.7

In late 1881 or early 1882 Wilkinson purchased a one-sixth interest in Opitomoko and Kuranui from Hori More for £400 (i.e. £7 an acre).8 The purchase was certified by the Trust Commissioner in August 1882.

In August 1885 Charles Dearle advised the Mining Warden that

the owner of certain interests in the following blocks of land is desirous of selling the same: Parareka No 2 block, one-sixth interest; Kuranui, one-sixth; Opitomoko, one-sixth. The Government have already acquired certain portions of these lands, viz Parareka No 2 block, one-third; Kuranui, one-sixth; Opitomoko, one-sixth.

On Parareka No 2 and Kuranui blocks are situated valuable mining properties, and on the Opitomoko along the Tararu Road are a great number of residence sites.

The interests now offered for sale are those of Piniha Marutuahu and Kemara Tiraruahine, which were purchased by Miriama Kiritahanga, and the price now asked for the same is £800.

You might bring this matter before the Under Secretary of Native Land Purchase and also the Under Secretary for Mines, so that the Government may have the first offer. It is hardly desirable that valuable property such as this should fall into the hands of private speculators, the same as the Waiotahi A block did. I think it is only a question of time in obtaining the other interests in these lands.9

The information was passed to Wellington, the Mining Warden commenting that

Personally, I think it would be advisable to complete the purchase of those blocks wherever the Government hold interests already.10

It turned out that transfer to Miriama had been registered in the case of Opitomoko and Kuranui, it had not been registered in the case of Parareka 2. The Accountant in the Native

Department commented that

The vendor's title in the case of one of the blocks is disputed, and the price demanded is far too high. £650 would be the figure according to rates at which other interests have been purchased. I think we should decline altogether. Reasonable terms will then perhaps follow. No fear of European purchasers coming forward.11

6 Under Secretary Native Land Purchase Department to Native Minister, 11 November 1881, on cover sheet to file NLP 1881/341. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.12.

7 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 25 November 1881. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.13–14.

8 Auckland Deed 3575. Supporting Papers #A321.

9 Clerk Warden's Office Thames to Resident Magistrate Thames, 17 August 1885, attached to Mining Warden Thames to Under Secretary Native Department, September 1885. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.37–39.

10 Mining Warden Thames to Under Secretary Native Department, September 1885. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.37–39.

11 Accountant Native Department to Under Secretary Native Department, 15 September 1885, on cover sheet to file NLP 1885/244. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.40–42.

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The Under Secretary decided that

vendor's title is disputed, and otherwise price named places negotiations out of the question.12 At some stage the Crown applied to have its interest in Opitomoko and Kuranui separately defined, but in September 1889 Wilkinson noted that this application was

to be adjourned by your instructions, in order that, if possible, the outstanding shares may be purchased. There is considerable mining in two of these blocks, and the subdivision would not be an easy one.13

In July 1904 Heta Reweti Stewart wrote to the Minister of Mines offering to sell the remaining Maori interest in Opitomoko and Kuranui, and Parareka 2, to the Crown. Stewart owned two–thirds of Opitomoko and Kuranui in his own right, and in addition was trustee for the 5 children of Matiu Kaimate, who held one-sixth of the shares (the remaining one-sixth being already owned by the Crown). One of the 5 children had come of age and was no longer a minor, so the trusteeship had lapsed.

The price asked for the whole of these interests [in all three blocks] is five thousand pounds.

We wish to point out that these blocks adjoin the Waiotahi A block lately purchased by Government from Mrs Taylor, and, as shown by the enclosed list, Government already hold certain interests in the same land, so that the purchase of the interests now under offer would give Government a complete title to the whole of each block.

I enclose a tracing made some time back of the several blocks now offered, which shows them to be in the very heart of the gold bearing country at Thames, and although all the claims shown on the plan may not now be in existence, a large number of them are still working.

We are led to make this offer by reason of the greatly reduced revenue arising from these lands owing (as we allege) to the alterations made from time to time by Parliament in the Mining Laws applicable to this district. Our grievances have been frequently set forth in petitions to Parliament, and have been recognised over and over again by the Goldfields Committee.14

The Chief Land Purchase Officer recommended that

For the balance of [Parareka 2] the sum of £1000 might be offered, this on the basis of the terms on which the one-third share ... was acquired. For the balance of opitomoko and kuranui, the sum offered should be £1420, being at the rate at which a transfer was effected between Natives some years ago. £2420 in all.15

The. Thames Borough Council wrote in support of purchase by the Crown.

These lands are partly in the Borough and partly in the County, and being held under the original native title, difficulties arise from time to time. These difficulties, which are dealt by the Council, are felt by the mining community in a very aggravated form, and the Council therefore trusts that Government will purchase these lands on account of the facility such purchase would give for the promotion of the important industry of mining. You are already aware of the very strong opinions of the Council that all mining lands possible should be held by the Crown. It is therefore hoped that you will see your way to accede to the wishes of the Council in this matter, and thus put an end to the many difficulties arising from private ownership of mining lands. 16

12 Under Secretary Native Department to Accountant Native Department, 21 September 1885, on cover sheet to file NLP 1885/244. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #1383.40–41.

13 Native Agent Alexandra to Under Secretary Native Department, 1 September 1889. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.42.

14 HR Stewart, Thames, to Minister of Mines, 4 July 1904. Mines Head Office file 1905/1517. Supporting Papers #F5.1–7.

15 Chief Land Purchase Officer to Under Secretary for Mines, 29 July 2904, on cover sheet to file Mines 1904/816. Mines Head Office file 1905/1517. Supporting Papers #F5.8–9.

16 Town Clerk Thames Borough Council to Minister of Mines, 19 July 1904. Mines Head Office file 1905/1517. Supporting Papers #F5.10.

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Stewart also wrote to James Carroll MP,17 and his solicitor wrote to McGowan the local Member of the House of Representatives for Thames in support. 18

The Government at first sought to know what income from mining revenue was being obtained from the blocks.19 The information showed that revenue from the three blocks for

the previous three years had been £395–5–0d, but that

the Council were informed by the owners that the income was less than half of what it should be, this result being [due to] the neglect of the proper officers [in] failing to compel the occupiers to pay the rent stipulated, and the owners of the land being debarred from exercising any control over their property. The owners allege that they would not sell the property if the Crown would carry out their agreement when same was ceded for mining purposes.20

In February 1905 Cabinet decided to proceed with the purchase of the blocks, subject to the Public Works Department land purchase officer advising on the purchase price. This officer

advised the Chief Land Purchase Officer that

On the basis of the annual revenue for the last three years, the capital value of the three blocks amounts to £2635–0–0d, the Crown's interest being £639–6–4d, the natives' interest 1995–13–8d.

The Cabinet instructions evidently mean that we are to negotiate with the owners. If you will let me know when you can go to Auckland, I will try to arrange accordingly. About the end of April would suit me. 21

The Chief Land Purchase Officer responded that

The Cabinet minute is not very clear as to our powers in this matter, because it does not give us a starting point.

However I will waive the difference between our valuations, arrived at from different standpoints, and if you concur offer Mr Stewart £2420 for a good title. I don't think that any satisfactory result would be obtained by a personal interview with Mr Stewart, but you can see him if you like. I can only fight at long range.22

In May 1905 the Public Works Department land purchase officer met Stewart and his solicitor at Thames.

The lands are generally useless for any purpose other than mining, and as the rents and fees derived therefrom are fixed by statute, it is apparent that the only way of arriving at the value of the land is to capitalise such revenue. ...

The Natives' interest at £1995–13–8d ... is a liberal estimate at the present time, seeing that the revenue is a diminishing quantity, the amount received in 1902 being 42 per cent more than that received last year. Mr Stewart and his solicitor, while admitting the reasonableness of this valuation, urged that the agreement made with the Natives in 1867, under which the blocks were thrown open for gold mining, has been broken. Section 2 provides that the payment for each miner's right issued should be one pound per annum. This sum has been reduced by various

17 Dave Stewart, Thames, to James Carroll MP, 3 November 1904. Mines Head Office file 1905/1517. Supporting Papers #F5.16.

18 JA Miller, Thames, to Mr McGowan, 15 October 1904. Mines Head Office file 1904/1517. Supporting Papers #F5.14–15.

19 Under Secretary for Mines to Town Clerk Thames Borough Council, 21 September 1904. Mines Head Office file 1905/1517. Supporting Papers #F5.11.

20 Town Clerk Thames Borough Council to Under Secretary for Mines, 3 October 1904. Mines Head Office file 1905/1517. Supporting Papers #F5.12–13.

21 Public Works Department Land Purchase Officer to Chief Land Purchase Officer, 8 March 1905, on Under Secretary for Mines to Chief Land Purchase Officer, 14 February 1905. Mines Head Office file 1905/1517. Supporting Papers #F5.17.

22 Chief Land Purchase Officer to Public Works Department Land Purchase Officer, 4 April 1905. Mines Head Office file 1905/1517. Supporting Papers #F5.18.

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Mining Acts passed subsequently, and the Natives have thus not received the income to which they were entitled under the agreement, and it was not until 1898 that the payment for a miner's right on these ceded lands was increased to one pound per annum again. It was further urged that the area that can be held under one miner's right now is four times as large as the area held in 1867, the Natives thus receiving only one pound now as against four then; and it was also urged that there was no proper supervision over the claims to ascertain whether every man working for example on a special or an extended claim is the holder of a miner's right.

There is no doubt that the Natives are equitably entitled to compensation for the losses sustained through breach of the agreement of 1867, and I think they would be prepared to accept £3000, or perhaps a little less, in full of all demands for the land and compensation for losses. Mr Sheridan recommends an offer of 2420.

Although purchase of these lands may be a matter of policy, as a business transaction it has not much to recommend it. The Government will obtain no direct return for the outlay. The revenue will be reduced by one-half, as the payment for a miner's right on Crown lands is only half the amount paid on Native land, and this reduced revenue will, as now, be paid to the Local Bodies, the Government bearing the cost of collection.23

The Chief Land Purchase Officer commented that

My valuation exceeds Mr Thompson's by the sum of £425. I still adhere to it, but of course if Mr Stewart will accept the lesser amount he should not be offered more. The Natives are not entitled to any compensation, and Mr thompson has got out of his depth when dealing with that phase of the question.24

Faced with these reports, Cabinet decided to stand the matter over.

It is not clear exactly what happened during the next 18 months, but in February 1906 Cabinet approved an offer of L000.25 This sum had been set aside in the Mines Department

vote. RS Bush, the Stipendiary Magistrate and Mining Warden at Thames, was instructed to act as land purchase officer in the matter.26

Bush reported later in February 1906 that

Seen Stewart. Will not sell blocks mentioned for less than £3500. Is willing to sell for that, and thinks Mrs Kennedy who owns small interest here will agree to that price.27

However one month later Stewart telegraphed that he would be willing to accept £3000 for his interests controlled by him. This was after he had apparently met the Premier and James

Carroll at Rotorua.28 Cabinet then agreed to this price.29

23 Public Works Department Land Purchase Officer to Under Secretary for Public Works, 23 May 1905. Mines Head Office file 1905/1517.

24 Chief Land Purchase Officer to Under Secretary for Mines, 1 June 1905, on Public Works Department Land Purchase Officer to Under Secretary for Public Works, 23 May 1905. Mines Head Office file 1905/1517. Supporting Papers #F5.19–20.

25 Cabinet Minute, 2 February 1906, on cover sheet to file Mines 1905/1225. Mines Head Office file 1906/622. Supporting Papers #F6.1–2.

26 Telegram Chief Land Purchase Officer to Mining Warden Thames, undated. Mines Head Office file 1906/622. Supporting Papers #F6.3–4.

27 Telegram Mining Warden Thames to Chief Land Purchase Officer, 26 February 1906. Mines Head Office file 1906/622. Supporting Papers #F6.5.

28 Telegram HR Stewart, Thames, to Minister of Mines, 19 March 1906. Mines Head Office file 1906/622. Supporting Papers #F6.6.

29 Telegram Acting Under Secretary for Mines to Chief Land Purchase Officer, 29 March 1906. Mines Head Office file 1906/622. Supporting Papers #F6.7.

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OWHAO

CREATED 10 December 1873

Hauraki Minute Book 8 page 208

AREA 311 acres

PLAN Hamilton Maori Land plan 2640

Investigation of Title

Owhao was surveyed by Holroyd Beere, the survey being completed in December 1872.1

The Court investigated the title to Owhao in December 1873, and awarded the block to 8 owners. The claimant was Wiremu Te Huia of Ngati Maru.2

Purchase by the Crown

In a deed dated September 1874 the Crown obtained the signatures of all the owners except Anania Kangaore to the sale of Owhao for £49-10-od (i.e. just over 3/- an acre).3

The Crown in May 1878 notified that monies had been paid for interests in Owhao, and that purchase of the block was being negotiated by the Government.4

The Crown applied to have its interest in Owhao defined. The Native Land Court in November 1879 awarded the Crown the western portion of the block, with an area of 272 acres, leaving the sole non-seller, Anania Kangaore, with the eastern portion of 39 acres.5 Anania, who was also the sole non-seller in Ruapekapeka block, was said to be "at present residing at Parihaka, Te place".

Owhao Western Portion was declared Waste Lands of the Crown in April 1880,6 and the Crown then notified that it had no further interest in acquiring any more of 0 whao.7

Owhao East

Owhao East was purchased by Robert Bateman. The Court determined that he was entitled to the freehold title to the block in February 1886.8

1 Hamilton Maori Land plan 2640. Supporting Papers #N63.

2 Hauraki Minute Book 8 page 208. Supporting Papers #J14.28.

3 Auckland Deed 1195. Supporting Papers #A113.

4 New Zealand Gazette 1878 pages 600-608, at page 6o2. Supporting Papers #W11.1-9.

5 Hauraki Minute Book 12 pages 284-285. Supporting Papers #J18.45-46.

6 New Zealand Gazette 1880 page 452-456. Supporting Papers #W13.1-5.

7 New Zealand Gazette 188r pages 756-761. Supporting Papers #W14.16-21.

8 Order of the Court, 25 February 1886. Hamilton Land Registry Provisional Register 24/70.

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OWHATAROA

CREATED 16 September 1874

Hauraki Minute Book 8 pages 352-353

AREA Owhataroa 1 - 655 acres Owhataroa 2 - 52 acres

PLAN Hamilton Maori Land plan 2615

Owhataroa was a portion of what in the early 1870's was a larger block known as the Kirikiri Block.

Investigation of Title

Owhataroa Block (707 acres) was surveyed by Dudley Eyre. The survey plan was completed in November 1872.1 The plan notes that the north-western boundary of the block was subject to a dispute. Two lines are drawn on the plan which are identified as being disputed, while a third line, in between the two disputed boundaries, is noted as being "agreed upon by both parties".

There was an extensive hearing of evidence into the title to the block in September 1874. In its judgement, the Court stated that

The land originally belonged to Hahi, who divided his land among his children. The Court was of opinion that this block north of pencil line at Waimotu had been given by Hahi to his younger son Hauauru, and that Hauauru had bestowed it upon his two children by the second wife (Te Poutu and Te Kouni). Raika, Matana Te Nga and Hori More, the children by the first wife, made no claim. At the former Court the court could find no evidence that Te kouni had been disinherited by his father. This Court considered that the owners of the land north of Waimotu were the descendants of Te Poutu and Te Kouni, namely Hotereni Taipari and Te Merimana Kouni, and that the land south of the pencil mark (Waimotu) belonged to the descendants of Matatahi, namely Te Merimana Konui. Each to pay proportionate share of survey. Portion claimed by Ngakapa to be excluded.2

Owhataroa I was awarded to Merimana Konui and Hotereni Taipari, while Owhataroa 2 was awarded to Merimana Konui solely. When the Crown Grants were issued, both were issued by mistake in the name of Merimana Konui only.3

Purchase by the Crown

In September 1872 James Mackay, the Crown's land purchase agent, advanced £175 to Meremana Konui to pay for the costs of survey of Owhataroa, as a prelude to passing the block through the Native Land Court.' This advance was apparently registered as a lien in

1 Hamilton Maori Land plan 2615. Supporting Papers #N60.

2 Hauraki Minute Book 8 pages 352-353. Supporting Papers C14.59-60.

3 Telegram Chief Clerk Native Land Court Auckland to Under Secretary Native Land Purchase Department, 24 June 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.9.

4 Copy of Receipt signed by Meremana Konui, 9 September 1872, attached to Under Secretary Native Department to JW Preece, Auckland, 7 February 1878. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.1-2.

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Mackay's name at the Native Land Court, and was not transferred to the Crown until August 1879.5

JW Preece, the salaried land purchase officer, was instructed in February 1878 to complete the purchase of Owhataroa.6 But there is no record of him making any progress.

The Crown in May 1878 notified that monies had been paid for interests in Owhataroa 1 and 2, and that purchase of the block was being negotiated by the Government.7

In June 1879 Preece's successor, George Wilkinson, telegraphed to Wellington asking

Can you get any explanation from Mackay about the matter. The owner named Meremana says Mr Mackay paid the money to him on account of Mr John Gibbons of [Grahamstown], and that it was for part-payment for timber on the block. Mr Gibbons in October 1872 got the owner to sign an agreement to sell all the timber on the block, and also lease the block for 40 years. If this is the case, must have advanced the money on the freehold only, and it would be subject to Gibbons' lease. Gibbons however did not get his lease completed at that time, but he has now got the contract to supply sleepers for the Thames Valley Railway, and intends to get a lease made for ten years to enable him to cut the timber. I have seen his agreement with Meremana, the owner, also a letter from Mackay to him in 1872 which acknowledges his right to the timber. What do you wish me to do in the matter? I can stop proceedings by causing a caveat to be entered, see Government Land Purchase Act 1877 Section 4, but Gibbons seems to have right on his side. I have telegraphed repeatedly to Mackay on Government matters of this sort, but can get no answers from him. I await your instruction before I take any further steps in this matter. 8

Meanwhile Gibbons approached the Under Secretary of the Native Department, who was visiting Auckland.

Mr Gibbons applies to know whether a block of land in the Kirikiri district, Thames, known as Owhataroa, is within any proclaimed boundary. He believes it was specially exempted so far as the timber is concerned by Mr James Mackay, and it is a lease of the timber he wishes to complete.... Similar question also re Ipuwhakatara, a block adjoining Owhataroa. 9

He was told that both blocks had been proclaimed. 10

Later that month Wilkinson was asked to report.11 He replied that

Nothing further has been done about Owhataroa No 1. The fact of Hotereni Taipari being an owner has only just been discovered. The judgement of Court was given in favour of Meremana Konui only. I took the precaution to enquire of Chief Clerk Native Land Court as to who were the grantees, and received for reply that Meremana was the only one. Mr Mackay evidently thought so when he advanced £175 on the block, which is payment in full for it. The cause of delay now is (as far as Meremana is concerned) that he says Mackay promised him a reserve of 100 acres out of the block for himself, which I don't care to agree to unless wished to do so by you. Now that there are so many difficulties surrounding it, I think it would be well to leave it

5 J Mackay, Wellington, to Chief Judge Native Land Court, 13 August 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.25.

6 Under Secretary Native Department to JW Preece, Auckland, 7 February 1878. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.1–2.

7 New Zealand Gazette 1878 pages 600–608, at pages 603–604. Supporting Papers #W11.1–9.

8 Telegram Land Purchase Officer Thames to Under Secretary Native Department, 11 June 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.3–6.

9 Telegram Under Secretary Native Department to P Sheridan, Wellington, 17 June 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.7.

10 Telegram P Sheridan, Wellington, to Under Secretary Native Department, 18 June 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.8.

11 Telegram Under Secretary Native Department to Land Purchase Officer Thames, 25 June 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.10.

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until the Land Court sits here, as it is amongst my applications of blocks to have the Crown's interest determined therein, and Mr Mackay perhaps may then be present to explain that and other matters. In the meantime Meremana has sold the timber on the block to Mr Gibbons.12

Meanwhile Gibbons had written to the Native Minister.

Prior to the year 1872 I made an arrangement through Mr J Mackay to purchase from the native owner the bush on a block of land called Owhataroa, Kirikiri, near Thames.

Some time afterward, and before my title to the land was perfected, Mr Mackay entered into an engagement with the Government to purchase native lands, but at the same time in his report to the Government (and before undertaking the government business) explained his position with reference to any purchase, and obtained the sanction of the Hon Mr Ormond to complete the purchase on my behalf, vide Mr Mackay's report on native lands proposed to be purchased, and the Hon Mr Ormond's letter of instruction printed in the Journal House of Representatives for 1872.

The land was passed through the Native Land Court in October 1872, and I obtained an agreement (legal) setting forth my purchase and proceeded to cut kauri timber.

About the same date I know Mr Mackay as Government Land purchase Agent made an agreement with the native owner to purchase the freehold for the Crown, but subject to my timber agreement. Knowing this I did not consider it necessary to register my title, which I might have done prior to any Government lien, but I considered my native agreement and the Hon Mr Ormond's letter sufficient title at the time, as I hoped to be able to cut out the bush in a comparatively short time.

Unfortunately I met with many difficulties in getting out the logs, and have been waiting patiently for an opportunity to utilise the timber. When tenders were called for sleepers, and not for a moment anticipating any difficulty being put in my way, I tendered at such a price that I knew would ensure acceptance of my tender.

I have spent a large sum of money and obliged to expend still larger sums in plant etc to carry out the contract, and it becomes necessary for me to register my title to the timber to enable me to make business arrangements, but I am now met with the objection that the Government have a lien on the land for £175 paid on account of the purchase of the freehold by the Native Land Purchase Agent Mr Mackay.

I have now stated as clearly as I can how I stand in the matter, and I trust that you will be enabled to give me speedy redress by authorising my title to be registered, which in no way interferes with original agreement of the Crown to purchase the freehold. I would be prepared on the other hand to repay the amount of the lien to the Government on being allowed to complete the purchase of the land.

As I am very seriously inconvenienced and delayed by this unexpected difficulty, and put to additional expense in making my arrangements for starting my contract, I trust you will excuse my pressing this matter on your earliest convenient attention and favourable consideration. I venture to hope that you will do so, as your Government have hitherto evinced a deep concern in the industrial interests of the Colony, and considering the advantage of employing a large number of men in the present depressed state of affairs at the Thames will be an inducement to place me in a position to commence operations at once. 13

12 Telegram Land Purchase Officer Thames to Under Secretary Native Department, 26 June 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.11–13.

13 John Gibbons, Auckland, to Native Minister, 23 June 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.14–17.

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The Minister asked Mackay to explain, and Mackay replied that

[Gibbons] was in treaty with the Natives for [the timber] long previously to my dealing with the land for the Government, and I had assisted him as a land agent long prior to my engaging to purchase land on commission for the Crown.

As regards the lien standing in my name, I am quite willing to withdraw it in favour of Mr Gibbons, or transfer it to the Government if required.14

In July 1879 Hoani Nahe, the local Maori Member of the House of Representatives, wrote to the Native Minister.

In the telegram attached Taipari gives expression to the wishes of Hotereni Taipari and Meremana Konui regarding their land Owhataroa No 1 which was awarded to them by the Court, but Taipari's name was omitted by the clerks in the office and not entered in the Grant. It has now however been ascertained that Owhataroa No 1 was awarded to them both. Hitherto the name of Meremana Konui alone has been in the Crown Grant, and this is the reason that he gave the lease of the kauri timber upon it to John Gibbons and subsequently sold it to the Government believing that he was the sole Grantee, but now the officers of the Native Land Court office are satisfied that Hotereni Taipari and Meremana Konui are the persons to whom this land was awarded. I was in Mr Dickey's office when it was discovered that it was the property of Hotereni Taipari and Meremana Konui, and the search was made at my request. Now what is asked for in the telegram attached to this letter is this, that the government will not cancel the lease of the timber to Gibbons because Meremana Konui sold the land to the Government. The lease of the timber was given previously to the sale of the land to the Government.

I think it is only right that the lease should not be cancelled. The Government should take into consideration that Hotereni Taipari has not signed the Deeds of lease or Deed of conveyance of that land to the Government, and his title to the land is proven by the records of the Native Land Court. So they both ask that the lease may be allowed to hold good, and they have agreed that the land is held by them in common, although no steps were taken to put it [in] both their names in the Grant. I would recommend that their application be acceded to without delay, and then Hotereni Taipari will complete the sale of the land to the Government.15

The Under Secretary of the Native Land Purchase Department advised the Minister in August 1879 that

Unquestionably Mr Gibbons has an equitable right to cut timber in the Owhataroa Blocks, 707 acres, but, failing to register his lease from the Natives before the land was proclaimed as under purchase by the Government, he is now liable to prosecution if he enters in possession. He asks to be allowed to register now, and so complete his lease. I think this would be a bad precedent, even if allowable by law. To meet the case I respectfully recommend that Mr Gibbons be informed that the Government will waive their right to the timber on the land for five years, and so allow him to cut timber in terms of his agreement with the native owners. It must be understood that the Government do not give Mr Gibbons any right to cut timber, inasmuch that the purchase of the land is not yet completed.16

However the Minister apparently to declined to make a decision.

14 J Mackay to Native Minister, 12 August 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.18.

15 Hoani Nahe MHR to Native Minister, 16 July 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.19–24.

16 Under Secretary Native Land Purchase Department to Native Minister, 14 August 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.26.

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In November 1879 Wilkinson was asked to report on the situation then existing.17 He replied that

The Owhataroa Nos 1 and 2 Blocks passed through the Native Lands Court on March 16th 1876, and were awarded to Te Meremana Konui. Previous to this (in September 1872) Mr James Mackay, the land purchase officer of the Government, advanced £175 to Te Meremana, for the purpose of paying for survey and other incidental expenses connected with passing the land through the Court; a lien for the amount was given by Te Meremana and registered by Mr James Mackay on behalf of the Government.

In October 1874 an agreement was signed by Te Meremana, in which he agreed to sell and transfer all his right, title and interest in the Owhataroa Block to Her Majesty, for the said sum of £175 already paid to him by Mr James Mackay in September 1872, and the agreement sets forth that he (Te Meremana) will sign a valid Deed of conveyance to the Crown whenever called upon to do so; that agreement is written out by Mr Mackay himself and attested by Mr Grace, a Licensed Interpreter.

Prior to these arrangements being entered into, I am given to understand that Te Meremana had sold the right to cut the kauri timber on the block to Mr J Gibbons of this place, and Mr Gibbons holds an agreement from Te Meremana to that effect. From conversation I have had with Mr Mackay concerning the matter, I am satisfied that he bought the land for the Government subject to Mr Gibbons getting a lease of the timber, in pursuance of his previous arrangement with Te Meremana, and Mr Puckey and myself have offered no opposition to Mr Gibbons getting a timber lease for a term of [blank space] years.

After this was done, I considered that as Te Meremana had not been hindered from carrying out his arrangement with Mr Gibbons, it was now time that he should complete his arrangement with the Government in accordance with agreement already referred to. On my requesting him to do so, he refused and, ignoring the lien altogether, endeavoured to make out that the money advanced to him was Mr Gibbons' and not chargeable by the Government against the block. When he found that argument failed, he stated that he had a promise from Mr Mackay to return him one hundred acres out of the block. On enquiry from Mr Mackay, I find this is entirely false.

Te Meremana seems to be endeavouring to foil the Government in getting a title to the block.

Whilst these negotiations were going on between myself and Te Meremana, the chief Te Hotereni Taipari stated that he was one of the Grantees. I at once communicated with the Chief Clerk of the Native Land Court, and he informed me by telegram that Te Meremana was the only Grantee. On my communicating this to H Taipari, his son WH Taipari proceeded to Auckland and it was found on referring to the evidence given in the case that Hotereni Taipari was one of the owners, and that it was a mistake in not putting his name in the Crown Grant. WH Taipari must, I think, have communicated this to Wellington, as about that time I received a telegram from yourself to the effect that Taipari must be considered as having an interest in the block.

The position appears to be that Meremana first sold the timber on the block to Mr Gibbons, then he sells the land to the Government and takes payment in full, but he appears to have signed an agreement to sell only, instead of a proper Deed of Conveyance, and, as if to remedy this defect, the precaution is taken to set forth in the agreement that he will sign a proper Deed whenever asked to do so. After that he is allowed to carry out legally his agreement with Mr Gibbons, so that that gentleman shall have no claim against him, and after that he is required by me to carry out his original agreement and to convey the block to the Crown, which he refuses to do.

17 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames,
4 November 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.27.

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As I have an application before the Court now sitting here to have the Crown's title in this block determined, I hope to be able (after producing Te Meremana's agreement in Court) to get an order for Te Meremana's share of the land. The misfortune is that through an error in the Native Land Court office Te Hotereni Taipari's name was left out of the Grant and, whilst during all of this time it has been understood that the government had bought and paid for the whole of the block when they were dealing with Te Meremana, it now appears that they were only acquiring a portion and that Te Hotereni Taipari's interest has yet to be bought.

This is all the information I give in the matter, but Mr Mackay, who is I believe in Wellington, can give all particulars as to the commencement of his negotiations with Te Meremana. The papers we have in this office concerning this matter are a certified copy of the lien for £175, the original agreement to sell signed by Te Meremana, and a telegram from the Native Land Court to myself.

In answer to your enquiry about Mr Gibbons, I may state that he is at present engaged in cutting timber on the Owhataroa block.18

In November 1879 the Native Land Court awarded all of Owhataroa 2 and the interest of

Meremana Konui in Owhataroa 1 to the Crown.19 This interest was held to represent 327 acres 2 roods, which was awarded as Owhataroa 1 South.2° The non-seller, Hotereni Taipari, was

awarded Owhataroa 1 North, also of 327 acres 2 roods.

Wilkinson was then asked what amount of money would be needed to purchase Taipari's block.21 He replied that

Total amount paid on Owhataroa is £180–17–10d, including Mackay's commission. I cannot state what sum will be required to purchase Taipari's interest, as I have not had an opportunity of seeing him about it yet, but will do so at once. Mr Gibbons has a timber lease which is signed by both Meremana and Taipari, either of whom could give him authority to enter on the land, as Taipari's share has never been bought by Government, and Meremana sold his interest subject to Mr Gibbons getting a timber lease over the block. Mr Mackay will corroborate this statement.22

One week later Wilkinson advised that

Hotereni Taipari will take Loo for his interest in the Owhataroa block, subject to his being allowed to sell the timber.23

The Under Secretary still required further details about Gibbons' lease.

Please wire as under:

[One] Date of Mr Gibbons' lease and when it expires,

Two, Did the Court subdivide Meremana Konui's interest, and will a separate Order issue in favour of Her Majesty,

18 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 November 1879. Maori Affairs Head Office file MLP 1899/112.

19 Hauraki Minute Book 12 pages 279–283. Supporting Papers #J18.40–44. Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 18 November 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.25.

20 Auckland Deed 1243. Supporting Papers #A121.

21 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 22 November 1879, attached to cover sheet to file NLP 1879/558. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.36.

22 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 22 November 1879, attached to cover sheet to file NLP 1879/558. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.37–39.

23 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 29 November 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.40.

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Three, If Taipari is paid Loo for his interest, what time does he want to cut timber before the land is handed over to the Government.24

However no reply is recorded, and no further action seems to have been taken on Taipari's offer.

Owhataroa 1 South and Owhataroa 2 were declared Waste Lands of the Crown in April 1880,25 and the Crown then notified that it had no further interest in acquiring any more of Owhataroa 1.26

Crown Interest in Purchasing Owhataroa 1 North

In November 1894 Gilbert Mair, land purchase officer at Thames, advised that WH Taipari, by then the sole owner of Owhataroa 1 North, wished to sell the block to the Crown.27 This

block was referred to by Taipari by the name Reoreo, though this was the name of another block.

A Lands and Survey Department ranger inspected the block, and reported that

The land is rather broken and situated high up on the range forming the watershed between the Thames River and the East coast. The quality of the soil is fair average second class—superior to the general run of kauri land. If cleared, it would carry grass capable of grazing fully two sheep to the acre. The land without the kauri timber would readily sell for grazing purposes at from 7/- to 10/- an acre, being near to a good market. There is some good kauri timber on the north eastern portion of the block. A considerable quantity of kauri timber was split into sleepers and removed off this block some years ago, and a portion of the kauri remaining has been killed by fire, about one-fourth of the standing trees are dead but are still marketable timber, that is the heart of the trees, the sap is now worthless. There are a little over 400 trees of average size, which I estimate to contain 1,080,000 superficial feet. The timber could be easily floated down the Matatoke Stream, but, as there are cultivated farms on the lower portions of that stream, I believe there would be too much risk of damage to take the timber out in that way. A fair bullock road can however be got by which the timber can be hauled down to the Thames River. The cost of cutting and hauling the timber would not be less that 3/- per hundred feet, which detracts considerably from its value. The purchasing price of this timber as a whole - green and dry—should not exceed 4d per hundred feet, and for the land 5/- per acre.28

The Surveyor General was more conservative, and advised that "you ought not to give more than 4/- for this".29

In June 1895 Mair was told that he could offer 4/- an acre for Owhataroa i North.30 But there is no record of the matter proceeding further.

24 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 3 December 1879. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.41.

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

26 New Zealand Gazette 1881 pages 756–761. Supporting Papers #W14.16–21.

27 Land Purchase Officer Thames to Chief Land Purchase Officer, 11 November 1894. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.46–47.

28 Chief Surveyor Auckland to Surveyor General, 14 May 1895. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.48.

29 Surveyor General to Chief Land Purchase Officer, 31 May 1895, on Chief Surveyor Auckland to Surveyor General, 14 May 1895. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.48.

30 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 3 June 1895. Maori Affairs Head Office file MLP 1899/112. Supporting Papers #B131.49.

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PARAREKA 2

CREATED 15 December 1875

Hauraki Minute Book 9 page 218-222

AREA 302 acres 3 roods 25 perches

PLAN Hamilton Maori Land plan 3304

Investigation of Title

Parareka z was surveyed in August 1874 by L Lessong for Hore More, Kemara Tiraruahine, Rapana Manganoa and others.' It was then being referred to as Waiotahi B block. The Inspector of Surveys approved the plan "for the purpose of evidence—map requires amendment", in December 1875.

At the Court sitting in December 1875, Matiu Maunganoa of Ngati Maru stated that Turuhira was the sole owner of Parareka 2, so far as he knew, but that she wished it to be awarded to a wider group of persons. However Hori More, Te Kemara Tiraruahine and Tupotiko put in a counter claim. After hearing evidence, the Court awarded the block to the descendants of Kuranui. Parareka 2 was then awarded to 5 owners, Rapana Maunganoa (2 shares), Turuhira (4 shares), Hori More (4 shares), Te Kemara Tiraruahine (t share) and Piniha Marutuahu share).2

In March 1876 the plan was approved as to survey.

Miriama Kiritahanga later obtained by transfer the interests of Te Kemara Tiraruahine and Piniha Marutuahu. She also obtained other interests by succession. Heta Reweti Stewart succeeded to Miriama's and Turuhira's interests by succession, and was appointed trustee for five children who succeeded to the interests of Matiu Maimate (a one-half successor to Rapana Maunganoa).

These were the same people as were owners of the adjoining block, Opitomoko and Kuranui.

Purchase of Parareka 2 by the Crown

In February 1884 the Resident Magistrate at Thames telegraphed that

Can buy share goldfields Parareka No 2, one third of block, area 3o2 acres, for one thousand pounds. Gold revenue last three years = £1224. Vendor's share over £400. adjoins lands partly purchased by Government, Kuranui and Opitomoko. Will you buy?3

Further details were provided, which showed that there were 24 claims being worked on the block by between 70 and 8o employees. Revenue had been £32o-17-3d in 1882, £231-18-od in 1883, and was expected to be about £300 in 1884. The Clerk in the Mining Warden's office commented that

1 Hamilton Maori Land plan 3304. Supporting Papers #N117.

2 Hauraki Minute Book 9 pages 218-zzz. Supporting Papers apers #J15.75-79.

3 Telegram Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 25 February 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.15.

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If possible I should like this matter to be closed before end of [March 1884], when another quarter's revenue will be due, and as the Native is very anxious to sell at present time for the £1000–0–0d and give up all his right and interest in the block and whatever revenue may have accrued during the present quarter, when the allocation took place this money would go to the Government, provided the Native receives an early reply; and I am also afraid of his speaking to some Europeans who would be likely to treat with him for the purchase of his interest.4

But the Minister of Mines commented to his colleague the Native Minister that "I don't see

any good in purchasing piecemeal as suggested", and the Native Minister decided that "the land purchase vote has been drawn upon heavily lately that I would rather decline this

purchase at present".5

In July 1884 Wilkinson advised that Hori More was willing to sell his one-sixth interest in

Parareka 2 for £600.6 At the end of that month the Mayor of Thames in a telegram to the Premier also urged that this offer be accepted, as Parareka 2 was in the heart of the goldfield

and purchase would "prevent [it] falling into private hands"4. The Native Minister informed the Premier that

The gold revenue derived from this land by the owner has fallen to a very small amount, and I doubt whether any private person would think of buying at the price asked, which however is not a high one. The real objection to buying this share in the block is that it would leave an incomplete ... the other shares ... it might be ... that the ... what is ... 8

In September 1884 Hori More telegraphed that

Before selling to Europeans, I should like to know whether Government intend to purchase my one-third share in Parareka No 2, three hundred acres, Thames Goldfield.2

The Native Minister then decided that

I think this purchase should be made. It is most undesirable that areas such as this in the heart of a goldfield should be acquired by private individuals.10

Hori More was then told that

Five hundred pounds is a fair price for your interest in the Parareka No 2 block. If you accept this, Mr Kenrick will be instructed to pay you the money.11

4 Clerk Warden's Court Thames to Resident Magistrate Thames, 20 March 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.16–19.

5 Minister of Mines to Native Minister, 8 April 1884, and file note by Native Minister, 9 April 1884, on cover sheet to file Mines 1884/360. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.20.

6 Telegram Native Agent Thames to Under Secretary Native Department, 8 July 1884, referred to on cover sheet to file NLP 1884/125. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.21.

7 Telegram Mayor Thames Borough Council to Premier, 30 July 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.22–23.

8 Native Minister to Premier, date not known, on Telegram Mayor Thames Borough Council to Premier, 30 July 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.22–23.

9 Telegram Hod More, Thames, to Minister of Mines, 29 September 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.24–25.

10 File note by Native Minister, 20 September 1884, on Telegram Hori More, Thames, to Minister of Mines, 19

September 1884. Maori Affairs Head office file MLP 1894/93. Supporting Papers #B83.24–25.

11 Telegram Under Secretary Native Land Purchase Department to Hori More, Thames, 23 September 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.26.

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Thames and Hikutaia District: Parareka 2

He replied to the Minister of Mines that

Mr Gill only offers five hundred pounds for my share in Parareka. Have already reduced from one thousand to six hundred. Have drawn over one hundred a year, and should be valued at six hundred at least, when I must sell to Government.12

But the Government was not prepared to increase its offer above £500.13 Hori More then accepted £500, "for I am in difficulties in connection with this matter".14

A conveyance was then drawn up transferring Hori More's interest to the Crown for £500, which was signed by Hori More in October 1884.15

Even after he had signed the transfer deed, Hori More made one last effort to get the price increased to £600.

Reduced to six hundred after asking a thousand, because I wished to sell, and that surely is low enough for my interest which has brought in over one hundred a year.16

But his appeal was to no avail.

In November 1884 Piniha Marutuahu and Te Kemara Tiraruahine offered their interests in Parareka 2 to the Crown for £250.17 But the Under Secretary in the Native Land Purchase Department was under the impression that they had already sold their interests in the block

to Miriama Kiritahanga, and could not recommend purchasing.18 However the Minister decided to seek the advice of the Thames County Council before deciding on the offer.19 The County Chairman was written to,20 and the County Clerk replied that

inquiry was made regarding the two native interests in Parareka No 2, and there is no doubt about a deed having been duly executed (and registered) by these people in favour of Miriama, as stated by Mr Miller. But, in connection with this transaction, may inquiry not be made as to whether at the date of sale the grantees could legally convey all their rights, titles and interests in an inalienable block to another for a nominal sum without the authority of the Governor in Council.

There can be no doubt about the value of the land, and if possible it should be acquired by the Government. In fact over the entire Goldfield its pre-emptive right should be enforced.21

As a result no further action was taken on the offer.

12 Telegram Hod More, Thames, to Minister of Mines, 25 September 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.27.

13 Under Secretary Native Land Purchase Department to Hori More, Thames, 29 September 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.28.

14 Telegram Hod More, Thames, to Under Secretary Native Land Purchase Department, 29 September 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.29–30.

15 Auckland Deed 1475. This Deed was not located during the research for this evidence.

16 Telegram Hod More, Thames, to Under Secretary Native Land Purchase Department, 24 October 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.31.

17 Telegram Piriha Marutuahu, Thames, to Under Secretary Native Land Purchase Department,

15 November 1884, and Telegram Kemara Tiraruahine, Thames, to Under Secretary Native Land Purchase Department, 17 November 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.32–33 and 34.

18 Under Secretary Native Land Purchase Department to Native Minister, 15 November 1884, on Telegram Piriha Marutuahu, Thames, to Under Secretary Native Land Purchase Department, 15 November 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.32–33.

19 File note by Native Minister, 15 November 1884, on Telegram Piriha Marutuahu, Thames, to Under Secretary Native Land Purchase Department, 15 November 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.32–33.

20 Under Secretary Native Land Purchase Department to Chairman Thames County Council, 17 November 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.35.

21 County Clerk Thames County Council to Under Secretary Native Land Purchase Department,
8 December 1884. Maori Affairs Head Office file MLP 1894/93. Supporting Papers #B83.36.

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RAPAATIKIATO

CREATED 17 December 1873

Hauraki Minute Book 8 pages 235-238

and 259-26o

AREA Rapaatikiato 1 - 37 acres 2 roods Rapaatikiato 2 - 35 acres I rood

PLAN Hamilton Maori Land plan 2648

Investigation of Title

Rapaatikiato was surveyed by Henry Rowe for Mere Watana. The survey plan was completed in January 1873.1

After a contested hearing, the Court. split Rapaatikiato into two parts. Rapaatikiato I was awarded to Pare Watana, Mere Watana and Arani Watana of Ngati Ahamua, while Rapaatikiato 2 Reweti Rangikaiwhiria, Horokiwi Tauwhitoko, Te Ruahi Pukeroa, Meihana and Onohi Tautahere.2

A survey lien of £3-3-od in favour of Henry Rowe was awarded against Rapaatikiato

Crown Purchase of Rapaatikiato

At some stage Pare Watana had received £5 from the Crown as an advance on the purchase of his interest in Rapaatikiato.

In January 1880 Wilkinson reported that

I would ... suggest that this purchase be given up, and the money advanced, viz. £5, be returned by the person who received it, as she is the recipient of money from the Goldfields in the shape of Miners Rights fees and in a position to return the amount.3

The Under Secretary agreed, but apparently Wilkinson was never told. In October 1880 Wilkinson tried again.

It has already been recommended in one of my land purchase reports that this purchase be abandoned, and that an endeavour be made to get the money advanced refunded, as the person who had the money is the recipient of Miners Rights fees occasionally.4

In March 1881 Wilkinson recommended that application be made to the Native Land Court to define the Crown's interest in Rapaatikiato i. He noted that

There are three grantees of this small block, one of whom was paid £5 on account by Mr Mackay some years ago. If a similar amount were paid to represent each of the other shares, I think the purchase might be completed. But is the land worth it?5

1 Hamilton Maori Land plan 2648. Supporting Papers #N66.

2 Hauraki Minute Book 8 pages 235-238 and 259-260. Supporting Papers #114.37-39 and 41-42.

3 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 188o/58. Supporting Papers #1325.1-4.

4 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 16 October 1880. Maori Affairs Head Office file MLP 1880/700. Supporting Papers #B30.1-23.

5 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 23 March 1881. Maori Affairs Head Office file MLP 1881/189. Supporting Papers #1335.1-13.

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Thames and Hikutaia District: Rapaatikiato

The Crown applied in April 1881 to have its interest in Rapaatikiato I defined.6 Between then and December 1881 all interests in Rapaatikiato I were purchased by the Crown for £37 (i.e. approximately £1 an acre) .7 Mere Watana had died and been succeeded by Arani Watana, so only Pare Watana and Arani Watana signed the deed.

In December 1881 the Court awarded to the Crown the whole of the block.8 Wilkinson did not have the deed to show the Court, only receipts for monies paid. There was some confusion over the money paid to one of the owners, Pare Watana, and the case was adjourned while agreement was reached to the purchase of all interests in the block.

Rapaatikiato I was declared Waste Lands of the Crown in March 1882.9

After the block had been purchased the Court advised that Rowe's survey lien was still held over the block, and would need to be released before its order could be issued. The Chief Surveyor at Auckland was told that James Mackay had in December 1872 advanced £m o to Rowe as an advance on survey work, and that this advance should be regarded as meaning that the lien was more properly a Crown lien which, because the Crown had purchased the block, could be released.10 But apparently Rowe still claimed to be owed the £3–3–0d.11

However, by March 1883 Rowe had been prevailed upon to release his lien.12

6 New Zealand Gazette 1881 pages 1139–1140. Supporting Papers #W14.24–25.

7 Auckland Deed 1368. Supporting Papers #A142.

8 Hauraki Minute Book 14 pages 6, 9 and 11. Supporting Papers #J20.5, 8 and 9.

9 New Zealand Gazette 1882 pages 498–501. Supporting Papers #W15.3–6.

10 Under Secretary Native Land Purchase Department to Chief Surveyor Auckland, 9 September 1882. Maori Affairs Head Office file MLP 1883/371. Supporting Papers #B46.13–14.

11 Telegram Assistant Surveyor General to Under Secretary Native Land Purchase Department, 23 November 1882, referred to on cover sheet to file NLP 1883/69. Maori Affairs Head Office file MLP 1883/371.

12 Assistant Surveyor General to Under Secretary Native Land Purchase Department, 1 March 1883, referred to on cover sheet to file NLP 1883/69. Maori Affairs Head Office file MLP 1883/371. Supporting Papers #B46.16.

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THE HAURAKI TRIBAL LANDS—PART II

The Crown in May 1878 notified that monies had been paid for interests in Ruapekapeka, and that purchase of the block was being negotiated by the Government.7

A fresh application to define the Crown's interest, in terms of the 1877 Act, was lodged in May 1879.8

In November 1879 the Crowns application was heard. The only interest not purchased by the Crown was that of Anania Kangaore (who had also been the sole non-seller in Owhao block). The Court awarded the Crown Ruapekapeka North of 1050 acres and Anania Kangaore Ruapekapeka South of 210 acres.9 It was explained that Anania Kangaore was "at present living at Parihaka, Te Whiti's place".

Ruapekapeka North was declared Waste Lands of the Crown in 1880,10 and the Crown then notified that it had no further interest in acquiring any more of Ruapekapeka.11

Crown Interest in Purchasing Ruapekapeka South

In May 1885 George Wilkinson asked

Do Government care to purchase the two hundred and ten acres cut out of Ruapekapeka Block here some time ago for an unsold owner named Anania Kangaore, deceased. Share has reverted to three natives, all adults, two here, one at Kahia, who can be got over if you care to purchase. Please name price. 12

He was asked

Is there any kauri timber of value on the south west end of the Ruapekapeka Block, about 200 acres, and what is the value of the land to purchase. This small piece was a Native Land Court subdivision. Is there any mining on the land?13

Wilkinson reported back that

The following is Mining Inspector's report on [the block]: "South-west portion of this block mountainous and broken, mixed bush, no kauri of any value on it though there is kauri on same block nearer the top of main range. No mining on it, but as no prospecting has ever been done, it is impossible to say whether it contains minerals or not. Minerals will be the only thing to put a value on the same. The surface I consider of no value. James McLaren."14

Based on this unenthusiastic report, the purchase of Ruapekapeka South was "not authorised".15

7 New Zealand Gazette 1878 pages 600–608, at page 605. Supporting Papers #W11.1–9.

8 Native Minister to Chief Judge Native Land Court, 2 May 1879. Maori Land Court Hamilton Block Orders file H586. Supporting Papers #K43.4–5.

9 Hauraki Minute Booki 12 pages 285–286. Supporting Papers #J18.46–47. Orders of the Court, 18 November 1879. Maori Land Court Hamilton Block Orders file H586. Supporting Papers #K43.6–7.

10 New Zealand Gazette 1880 page 452–456. Supporting Papers #W13.1–5.

11 New Zealand Gazette 1881 pages 756–761. Supporting Papers #W14.16–21.

12 Telegram Native Agent Thames to Under Secretary Native Land Purchase Department, 20 May 1885. Maori Affairs Head Office file MLP 1883/372. Supporting Papers #B47.1.

13 Telegram Under Secretary Native Land Purchase Department to Native Agent Thames, 21 May 1885. Maori Affairs Head Office file MLP 1883/372. Supporting Papers #B47.2.

14 Telegram Native Agent Thames to Under Secretary Native Land Purchase Department, 27 May 1885. Maori Afairs Head Office file MLP 1883/372. Supporting Papers #B47.3–4.

15 Telegram Under Secretary Native Land Purchase Department to Native Agent Thames. 27 May 1885. Maori Affairs Head Office file MLP 1883/372. Supporting Papers #B47.5.

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TANUTANU

CREATED 4 September 1874

Hauraki Minute Book 8 pages 284-285

AREA 8 acres 2 roods 7 perches

PLAN Hamilton Maori Land plan 3127

Tanutanu was surveyed by Edward Tole. The plan records that it was "surveyed for a cemetery".1 It is the site of the Tararu Cemetery.

Investigation of Title

When title to the block was investigated in September 1874,2 it was at first referred to as Pukohekohe and Tanutanu, though it was stated that Tanutanu was the "proper name" for the block.

Pare Watana of Ngati Maru explained that

The ground is a pakeha cemetery. We claim the land from our father, Watana. He claimed from his ancestors.

Tanutanu was awarded to Mere Watana, Pare Watana, Te Arani Watana, Mereana Reweti, Mata Te Kura and Miria Rangioke.

Purchase by the Crown

In a deed dated September 1875, but on which the majority of signatures were obtained before June 1875, the 6 owners of Tanutanu sold the block to the Crown for £3o.3 The block was sold "together with all the rights, members and appurtenances thereto belonging, and all deeds thereto relating ... forever", which was described in Maori as "nga tohu me nga tikangi me nga mea katoa i runga i taua wahi ake tonu atu". Five of the six owners signed the deed at Tararu, the sixth (Miria Rangioke) signed at Whangarei. The deed was certified by the Trust Commissioner in October 1875, after Puckey, the Native Agent at Thames, certified that the consideration had been paid.4

In addition the Crown paid £6 survey costs and £i Court fees.5 Tanutanu was declared Waste Lands of the Crown in July 1878.6

1 Hamilton Maori Land plan 3127. Supporting Papers #N116.

2 Hauraki Minute Book 8 pages 284-285. Supporting Papers #J14.49-50.

3 Auckland Deed 842. Supporting Papers #A79.

4 Telegram Native Agent Thames to Trust Commissioner Auckland, 25 October 1875. Papers for Application 1875/106. Trust Commissioner Auckland's 1875 Papers. Supporting Papers #M2.4-6.

5 Native Agent Thames to Under Secretary Native Department, 22 June 2875. Maori Affairs Head Office file MLP 2875/269. Supporting Papers #B21.1-2.

6 New Zealand Gazette 1878 pages 954-955. Supporting Papers #W11.10-11

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TAPARAHI 2 & 3

CREATED 15 December 1875

Hauraki Minute Book 9 pages 180-207 and 214-217

AREA Taparahi 2 — 3280 acres Taparahi 3 - 2330 acres

PLAN Hamilton Maori Land plan

2914

Investigation of Title

Following survey,1 the title to Taparahi was investigated by the Court in December 1875.2.

The Court, after hearing the claimants and counter claimants, decided that the counter claimants had succeeded in their claim to land to the west of the Te Kauri Stream, a tributary of the Kirikiri Stream, on account of a gift of part of that portion from Manutaupua to Kurinana, and the occupation of the other part of that portion by Kurinana's three sons. This western portion was awarded as Taparahi 3 of 2330 acres. The remainder of the Taparahi block lying east of Te Kauri Stream was awarded to Hoani Nahe's party. Hoani Hahe then divided his party's portion in two, the eastern portion lying in the Tairua River catchment becoming Taparahi 1, and the portion west of the main divide in the headwaters of the Kirikiri Stream becoming Taparahi 2.

For the history of Taparahi 1 see the section of this evidence elsewhere.

Taparahi 2 of 3280 acres was awarded to 10 grantees, with those ten plus a further 15 names to be registered in the Court as having an interest in the block. Taparahi 3 of 2330 acres was awarded to io grantees with those io and a further 45 others to be registered as having an interest in the block.3

Lease and Grant of Timber in Taparahi 2

At some stage before August 1885 the owners of Taparahi 2 offered the land and timber, or the timber alone, for sale.4

In August 1885 the owners of Taparahi 2 sold the kauri timber on the block, and granted a lease giving a right of access to that timber for 25 years, to James Darrow.5

1 Hamilton Maori Land plan 2.914. Supporting Papers #N85 and N86.

2 Hauraki Minute Book 9 pages 180-207. Supporting Papers #J15.43-70.

3 Orders of the Court, 15 December 1875. Maori Land Court Hamilton Block Orders file H745. Supporting Papers #K55.2-4. Hauraki Minute Book 9 pages 24-217. Supporting Papers #J15.71-74.

4 Property for Sale notice from an unknown newspaper, undated, attached to Hori Matene, Kirikiri, to Resident Magistrate Thames, August 1885. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.1-4.

5 Memoranda of Lease, 12 August 1885 and 25 October 1885, attached to Registrar Native Land Court Auckland to Accountant Native Department, 27 March 1890. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.72-90.

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Thames and Hikutaia District: Taparahi 2 and 3

Purchase of Taparahi 2A and 3A by the Crown

After Darrow had agreed to purchase the timber on Taparahi 2, the freehold of the block was offered to the Crown by Hori Matene on behalf of the owners.

We wish the Government to purchase it. The land has already been leased to Mr Darrow for the purpose of cutting the kauri, or rather, the kauri timber has been sold to him. And we now wish to sell the land, because the cost of the survey and other liabilities connected with the land are pressing heavily on us. This is why we wish to sell it. It is not that we have no other land to live on. We have plenty of other lands for our future wants. Please grant our application.6

Charles Dearle, who assisted the Resident Magistrate in land purchase matters, advised the Magistrate that

A short time since, Mr Tookey discovered on land in the vicinity of this block what he supposed to be the outcrop of a large reef, but owing to the land not being within the Gold Fields, the native owners would not allow him to do any work to test the same. Now that a reaction is taking place, in regard to mining for minerals other than gold in the Hauraki District, it might be advisable for the Government to acquire the Taparahi No 2 block, containing 3280 acres, at say upset price 5/- per acre, instead of allowing the same to pass into the hands of private speculators. Natives I am informed have been offered 4/6d an acre by certain parties. There is no mining at present on the land, but it is within easy distance of the Township of Shortland.7

The reaction in Wellington was that

This block has been advertised in the press in various parts of the Colony as open for sale, and last of all is offered to the Government. You will notice that the timber upon it has been sold. My own opinion is that it is not now worth having or it would not be so long in the market.8

There was no further action on the offer.

In May 1888 a further approach was made by the owners to the Native Minister. Hoani Nahe wrote that

This is to make known to you a matter which I wish to bring under your notice, and at the same time to afford relief in the matter of a promissory note which I gave to the New Zealand Timber Company in Auckland, with the consent of us all the people included in the Crown Grant of Taparahi No 2 block.

It was not owing to any money or goods received by me or by any of my companions in the Crown Grant that I gave the promissory note to the above Company, but it was owing to an agreement made between that company and some of my companions (grantees) to enable the said company to work the kauri timber on that land — they did it secretly and without authority.

I objected to the agreement made between the company and my companions because we had already agreed to let Mr James Darrow have the kauri timber on that block in 1884. Mr Jagger's agreement (manager of the company) was concluded in 1885, that is the agreement between him and my companions agreeing to let the New Zealand Timber company have the kauri timber on the land. In consequence of this a deposit of £10 was paid. When I heard of this, I opposed it in consequence of the agreement which we had already made in the presence of Mr Kenrick RM to let Mr Darrow have the kauri timber, and besides we had all agreed that I should negotiate for someone to buy the kauri timber.

6 Hori Matene, Kirikiri, to Resident Magistrate Thames, 1 August 1885. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #13129.1–4.

7 CJ Dearle, Thames, to Resident Magistrate Thames, 11 August 1885. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.5.

8 P Sheridan to Under Secretary Native Land Purchase Department, 11 September 1885, on cover sheet to file NLP 1885/233. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.6–7.

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THE HAURAKI TRIBAL LANDS—PART II

The decision to sell the kauri timber to Mr James Darrow was not come to in consequence of any higher price being offered by him, but because this was the first. My companions agreed with the company because their terms were quite different — the money was to be paid at once, but the price was the same as that offered by Mr Darrow. Mr James Darrow's terms [were] different in this way, he agreed that one half was to be paid on the Deed being drawn up and signed, and the other half in three months after. We all agreed to these terms, but unfortunately no agreement was signed, that was the reason why some of my companions agreed with the terms offered by the New Zealand Timber Company.

Notwithstanding this, however, I still held on to the first agreement and accordingly I, with some of my companions interested in the block, signed a Deed agreeing to let James Darrow have the timber. The rest of the people interested did not sign the Deed but waited for Mr Jagger, manager of the New Zealand Timber Company, but when he arrived and saw that the majority of the owners had already signed the Deed in favour of James Darrow, and there were only a few who did not, he demanded that the £m deposit be refunded together with £200 more (as payment for damages?). The natives urged that the amount be made less weighty for them, but the said European refused — he further threatened to sue them for £800. Knowing that had the said Company's claim was worth a single shilling, that it would require the sum of £800 to have the case put through the Supreme Court, I agreed to have the amount demanded by the Company paid. I asked the Company to have the payment of the £200 deferred until the land had been sold, and the manager agreed but he urged that I should write a promissory note, and, as it was finally agreed on my persuasion that the sum be reduced to £175, I did so.

As no one could be found to buy the land the said promissory note [was not] paid for, and consequently on the 29th of June 1885 summons was issued for a hearing of the case before the Supreme Court. I wrote a letter to the Supreme Court telling the Court that the promissory note was right, but as the land agreed to between us could not yet be sold, the amount could not be paid. Consequently owning to what was done in connection with the sum amounted to £250. This is the amount which I now ask the Government to pay for me, and in connection with it I also would ask the Government to buy our land Taparahi No 2 block (3280 acres), this being the cause of my writing the promissory note, and if the Government would like to have another, there is our other block of land Taparahi No 3 (2330 acs) adjoining Taparahi No 2 block. Only all the kauri on No 2 block have been sold to James Darrow, but those on No 3 which are as many as those on No 2 are not yet sold.

Both the above blocks are at Te Kirikiri, Hauraki, and are included in the gold mining lease. I earnestly hope that relief be afforded to me in my present distress. If the Government, however, cannot find their way to comply to my request, I shall not complain, on the other hand if they comply to it I shall regard it as a pure act of kindness.

On the 6th of January last the Supreme Court sent three bailiffs to my place in three days. I have asked the lawyer acting for the Company to let me have three months to enable me to find relief, but up to this time I have not found it. It was owing to this that I applied to you on your arrival at Hauraki, and as you then advised me to write to you before June 1888 I have done so, and now forward this letter to you the Minister for Native Affairs, praying that favourable consideration be shown to me in my present distress. I am much grieved, for if the whole weight of this trouble comes on me, my land Omahu West No 2A will be taken away from me. This land was given to me by Sir George Grey's Government for cultivating purposes, improvement has already been done to some parts and is occupied by me and my hapu.

This Omahu West No 2A has been agreed to by us for a similar number of acres in the Horete No 3 block near to Omahu West No 2 block.9

9 Hoani Nahe, Hauraki, to Native Minister, 21 May 1888. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.8–17.

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Thames and Hikutaia District: Taparahi 2 and 3

The Under Secretary advised the Native Minister that

Unless funds are provided for land purchase purposes, I do not see how the Government can comply with the native's request, which I should otherwise recommend should be acceded to.10

The Minister decided that

Would agree to purchase this block of land at 2/6 per acre, which appears is about the value. Ascertain if Hoani Nahe will sell at that price.11

Hoani Nahe, who was in Wellington at that time, replied,

Will you not agree to advance that amount on the same, No 2 block, for 12 months? If the money cannot be refunded at the end of that time, then 2/6d per acre will be agreed to.

Perhaps legislation this session will enable us to lease some lands which the Europeans wish to lease, and so enable us to refund the money applied for by me.12

To this, the Under Secretary advised the Minister that

Recommended that Mr Nahe be informed that as it appears there are several owners of the block besides himself, Government are precluded by the N.L.A. Act from making any payment on it until a meeting of the owners is called, and the time fixed for such meeting has passed. This course is inadvisable in view of the proposed repeal of the Act, which repeal will probably however facilitate his finding the money he requires in some other way.13

Hoani Nahe had an interview with the Native Minister the following day, and it was recorded that

Hoani Nahe and Taipari agreed on behalf of the whole of the owners to accept the offer of 2/6 per acre, and the purchase was authorised accordingly. I received this information from Mr Butler who was present at the interview.14

A meeting of owners was called at the end of June 1888 to consider the sale of the block to the Crown. The Commissioner of Crown Lands in Auckland reported 11 days later that

I have not yet heard from the Taparahi No 2 people, who were to meet on the 3oth ultimo, but expect to do so directly. Who is your land purchase officer who could arrange price etc with the people? I ask because Taipari and Hone tell me they have to ... monies on the 15th which they expect to get out of this land, and are alarmed at threats of being sued.15

The attitude in Wellington was that this was not a concern of the Commissioner of Crown Lands, and that

The price has already been arranged and it only remains to be decided what officer is to complete the purchase. To ask Mr Northcroft RM [at Thames] to do so means an expenditure of not less than £50. Mr Butler's expenses would not exceed one fifth of that amount.16

10 Under Secretary Native Department to Native Minister, 1 June 1888, on cover sheet to file NO 1888/941. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.18.

11 File note by Native Minister, 1 June 1888, on cover sheet to file NO 1888/941. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B12,9.18.

12 Hoani Nahe, Wellington, to Under Secretary Native Department, 2 June 1888. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B19–20.

13 Under Secretary Native Land Purchase Department to Native Minister, 6 June 1888, on cover sheet to file NLP 1888/131. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.21.

14 File note by P Sheridan, 7 June 1888, on cover sheet to file NLP 1888/131. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.21.

15 Telegram Commissioner of Crown Lands Auckland to Under Secretary Native Land Purchase Department, 11 July 1888. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.22–23.

16 P Sheridan to Under Secretary Native Land Purchase Department, 13 July 1888, on cover sheet to file NLP 1888/171. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.24.

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THE HAURAKI TRIBAL LANDS—PART II

The Minister agreed with the Under Secretary's advice that

Directly the Commissioner has done with Mr Butler, he will be available for this work. I suppose it can stand over until then.17

At the end of July 1888 the Commissioner of Crown Lands reported that

In reference to Taparahi No 2, I have received a request from the majority of the owners of the above block to sell it for seven shillings per acre, being the price they were to receive for the land from a private individual when the negotiations were interrupted by the passing of the Act. Is the Government willing to give this price for the land?

The papers are not yet complete, as three of the owners are unaccounted for, though I am in communication with the others to ascertain their whereabouts and consent or non-consent, and two of the owners are dead.

If the Government do not propose to purchase, I shall presently offer the land by auction when the proceedings are complete, but I inform you of this now in consequence of your letter tasking me to call a meeting of owners] .18

The Under Secretary advised, and the Minister agreed, that

I think [the Commissioner] should be informed that you understood the block was offered to the Government by Hone Nahe on behalf of the owners at 2/6 an acre, which is all the Government are prepared to give. If they are not prepared to accept this, the government can have nothing further to say in the matter. Hone Nahe should also be written to to same effect.19

Hoani Nahe responded to the letter sent to him

Your letter of the 7th instant giving information that the Government will cease to wish to purchase Taparahi No 2 if the owners do not accept 2/6d per acre has been received.

You have done well in giving the information, the fault is not yours but the Government, that is to say on the 2/6d and the 7/- per acre.

While in Wellington I communicated the subject of your letter to the people, but they refused and urged 10/- be paid per acre. I endeavoured to have it reduced to 7/- per acre, being the price offered by a private European, but the people also refused to accept it. Their "whakairo" was accordingly communicated to [the Commissioner of Crown Lands].

While in Wellington I wrote to you, asking Government to pay off my debt (P.N.) with the condition that if I could not refund the money to the Government in 22 months, the land was to be sold at the rate of 2/6 per acre. I was conscious (at the time) that the people would not agree.

You have done well in giving the information. I may add that it was Taipari who urged me on to adopt that course. My own wish was simply to ask the Government to allow the sale of land to private Europeans who were friendly with the natives and who would also pay a much higher price.20

The Native Minister decided that

If the natives object to sell to the Government at 2/6 per acre, [Hoani] can under the new Native Land Act sell to any European or native who will give him a greater sum.21

17 Under Secretary Native Land Purchase Department to Native Minister, 16 July 1888, on cover sheet to file NLP 1888/171. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.24.

18 Commissioner of Crown Lands Auckland to Under Secretary Native Land Purchase Department, 31 July 1888. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.25.

19 Underunder Secretary Native Land Purchase Department to Native Minister, 4 August 1888, on cover sheet to file NLP 1888/184. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.26–27.

20 Hoani Nahe, Kirikiri, to Under Secretary Native Land Purchase Department, 20 August 1888. Maori Affairs Head Office file MLP 2899/89. Supporting Papers #B129.28–31.

21 File note by Native Minister, 3 September 1888, on cover sheet to file NO 1888/1677. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.32.

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In November 1888 Hoani Nahe wrote again to the Under Secretary, this time most critically.

We have now found out that what you say, namely that we the persons on the certificate of Taparahi No 2 can sell the same to any European or native who will give a higher sum, is a very bad word indeed.

I regret very much that you should write in this manner while you know that we could not sell the said block Taparahi No 2. Had you simply told us that the Government are unable to purchase the land owing to the high price named by the natives, it would not have mattered at all, and had I also known sooner that we have no power to sell it privately I would not have consented to Ngatimaru signing the application for a hearing of Piako in compliance with the request made by Mr Butler, who was instructed by the Government to come to us for that purpose.

If ever I see that application when returned to the Committee, I shall disallow it, because in telling us that we are able to sell our land to any European or native, you are simply jeering at us. Or if the hearing of Piako does come off, I shall oppose it on this ground so that the hearing shall not proceed if this cannot be done.

That is all I have to say. From me your former friend but who is no longer, perhaps, judging from what you say in your letter.22

The Under Secretary considered that

If I have the opportunity of meeting H Nahe I have no doubt we shall resume our previous cordial relations. The letter of which he complains was written in accordance with [the Native Minister's] minute. ... I presume there are more than 20 owners in the block, a fact of which neither you nor I was aware when the minute was written, and a difficulty which the owners could easily get over by partition. Hoani's letter is very improper and so very unlike what I should have expected from him that it is difficult to believe it genuine. His threat about Piako may explain the matter, and the letter about Taparahi may only be seized as an excuse for opposing cutting out the Crown interests in Piako, a task that will require the most careful management and handling.23

He replied to Hoani Nahe that

Your letter ... has caused me the greatest surprise. I am indeed astonished, when I consider that our intimate acquaintance and friendship has extended over so many years, that you should write the letter you have done, or think that I should in any way attempt to mislead you.

My letter to you ... was written by direction of the Native Minister and in his very own words. Neither Mr Mitchelson nor myself were aware of any reason which would prevent the block being sold under the Act. The difficulty I understand now being that it is owned by more than twenty persons.

It was the desire of the Native Minister and of myself to assist you out of your money troubles, but the Government could not pay the price for the land which you stated could be obtained from private persons.

The difficulty as to the number of owners can be got over by partition. It is probable that I may be at the Thames before long and shall then be glad to meet you and see what can be done in the matter. I am, however, very "pouri" about your letter which has also displeased Mr Mitchelson, and I trust that on receipt of this you will send a letter or a telegram expressing your regret for

22 Hoani Nahe, Omahu, to Under Secretary Native Land Purchase Department, 12, November 2888. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.33–36.

23 Under Secretary Native Land Purchase Department to Native Minister, 23 November 2888, on cover sheet to file NLP 2888/280. Maori Affairs Head Office file MLP 2899/89. Supporting Papers #B129.37–38.

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having written it. Your letter has evidently been written under an entire misapprehension of the wishes and actions of the Native Minister and myself on your behalf.24

Hoani Nahe responded that

When I wrote that letter, I was somewhat disappointed owing to the Europeans who were negotiating for the purchase of the land referred to therein being prohibited by law from completing the transaction, and who have in consequence acquired other land. It was this, probably, that caused me to make use of improper language in my letter.

I have now, therefore, to express my regret for the tone I adopted and to thank you for drawing my attention to my fault. I hope you will dismiss the matter from your mind now that I have admitted that I was wrong. Ended from your sincere friend (still).25

The apology was accepted by the Under Secretary.26

At the end of January 1889 Hoani Nahe wrote to the Under Secretary about the threat to his land at Omahu West 2A caused by the Supreme Court proceedings.

I wish now to address you with reference to my land Omahu West No 2, which the Government gave me as a "gift", and besides because I had no good land for cultivating purposes. The "gift" was made on account of an application of mine to the Government. We however parted with our shares in the Horete block in exchange for it.

Now the Government gave me this land as a gift and I wish to know whether the Government can now "hold it" (claim it), as the Supreme Court is about to seize it in consequence of the difficulty which Taipari and myself represented to you and the Hon Native Minister both at Hauraki and Wellington.

On our return a period of 6 months was granted in the hope that the Taparahi Block might be satisfactorily dealt with, but the period for satisfying the promissory note is now nearly at an end, and a terrific storm may be expected to blow in February. This is why I now ask the above question. I do not make the proposal from any special wish to keep the land, but in order that such a false utterance may not attain its object, and that other lands might be seized instead.

A portion of the amount due has already been paid, and the balance now is only £196. I simply ask this question as a last recourse.27

In February 1889 Hoani Nahe wrote again about the purchase of Taparahi 2.

The time allowed (for payment) of the £196 balance of the amount of the promissory note will terminate on the 25th of this month. I suppose the payment of the above sum, that is the time for payment, cannot now be extended after being extended so many times., but I daresay if a little influence is brought to bear on it, it might yet be done. I shall be very much pleased if you will assist me in this respect, that is the Government. I assisted Mr Butler when he came here to urge a hearing of Piako. It was owing to me that my people N' Maru readily consented to allow Piako to be heard. Mr Butler himself knows all this. I think therefore that you might send word to Mr Murray of the New Zealand Bank at Grahamstown to have the time extended. If the Government will agree to assist me in connection with the £196, our shares, 6 in number, in Taparahi No 2 will be given to the Government after they have been subdivided by the Court.28

24 Under Secretary Native Land Purchase Department to Hoani Nahe, Omahu, 25 November 1888. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.39–40.

25 Hoani Nahe, Omahu, to Under Secretary Native Land Purchase Department, 17 December 1888. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.41–43.

26 File notes by Under Secretary Native Land Purchase Department, 10 January 1889, on cover sheet to file NLP 1889/3. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.44.

27 Hoani Nahe, Puriri, to Under Secretary Native Department, 31 January 1889. Lands and Survey Head Office file 4422. Supporting Papers #D1.20–23.

28 Hoani Nahe, Omahu, to Under Secretary Native Land Purchase Department, 7 February 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.45–46.

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Thames and Hikutaia District: Taparahi 2 and 3

The Under Secretary advised the Minister that

The only way in which Hoani Nahe can be assisted that I can see at present is to make him an advance on some of his lands at the Thames sufficient to get him out of his present difficulty. If I can get away to the Thames shortly, I could probably make some satisfactory arrangement between H Nahe and the Bank by which the latter would wait a little longer until he is in a position to sell some of his land to the Government or private parties to pay off this debt.29

The Under Secretary at first considered that

I do not see how the Government can assist Hoani Nahe at present. If he gets any land through the Court which is shortly to sit at the Thames, and in a position to be dealt with, the Government might be able then to help him by purchasing, but I cannot speak as to this until I can make personal enquiry at the Thames.30

Then in early March 1889 he advised the Minister that

The Native Minister instructed that a reply be sent to Hoani Nahe that

an attempt will be made to purchase the block at the next sitting of the Court at the Thames.32 Hoani Nahe was telegraphed by the Under Secretary that

Mr Mitchelson directs me to reply that I shall be at the Thames shortly and shall probably then be able to arrange with you the purchase for the Crown of some of your land which will relieve you from your present monetary difficulties. The matter however cannot be arranged by correspondence. Under these circumstances you will no doubt be able to obtain a renewal of the promissory note.33

In May 1889 the Under Secretary telegraphed the Native Minister from Thames that

Court met at ten, but owing to non-arrival of Wini Kerei, had to adjourn until two. Wini was detained by fog but has since arrived. Have arranged with Taipari to remove all Ngatimaru opposition to Ngatipaoa proposals. He and Hoani Nahe are now with me. Latter very anxious about settlement of bank difficulty. He cannot arrange for any Piako land but again offers portion of Taparahi Nos 2 and 3. No 3 is encumbered with timber lease but I think is worth half a crown an acre. No 2 is free. He offers 529 acres of that at 4/-, and 760 acres of No 3 at 2/6, making up together £200, the amount required. Under circumstances I suggest offer be accepted. He deserves consideration and has no other way out of difficultly.34

The Under Secretary then had to leave matters in the hands of George Wilkinson, land purchase agent for the Thames district. While the partition application was being heard, Wilkinson reported to Wellington that

29 Unde Secretary Native Department to Native Minister, 2 March 1889, on cover sheet to file NLP 1889/42. Lands and Survey Head Office file 14422. Supporting Papers #D1.27–29.

30 Underunder Secretary Native Land Purchase Department to Native Minister, 26 February 1889, on cover sheet to file NLP 1889/40. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.47–49.

31 Under Secretary Native Department to Native Minister, 2 March 2889, on cover sheet to file NLP 1889/42. Lands and Survey Head Office file 14422. Supporting Papers #D1.27–28.

32 File note by Native Minister, 6 March 1889, on cover sheet to file NLP 2889/40. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.47–49.

33 Telegram Under Secretary Native Land Purchase Department to Hoani Nahe, Thames, 8 March 1889. Lands and Survey Head Office file 14422. Supporting Papers #D1.24–26.

34 Telegram Under Secretary Native Land Purchase Department, Thames, to Native Minister, Te Awamutu, 6 May 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.50–52.

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The subdivisions of Taparahi Nos 2 and 3 blocks are now being dealt with. Shall I get deeds signed as soon as awards are made?35

The Native Minister decided that

Unless land is fit for settlement, he must not acquire more than is necessary to relieve Hoani Nahe, and then that there is little probability of a rehearing.36

The case was heard by the Court that day.37 Taparahi 2A and 3A were awarded to Hoani

Nahe's party, in order that he could sell them to the Crown and so pay off his promissory note. The Court's orders were for

Taparahi 2A	984 acres	5 owners
Taparahi 2B	2296 acres	13 owners
Taparahi 3A	574 acres	9 owners
Taparahi 3B	41ac 1r 10p	Mere Taipari solely
Taparahi 3C	1715ac 3r 13p	38 owners38

Five days later Wilkinson sought further authorisation.

Please authorise me to pay the whole purchase money of 269 acres Taparahi to Hoani Nahe. The amount is £28 as representing 224 acres surplus on Taparahi No 2A, and £9 for 45 acres surplus on No 3A. The arrangement that Hoani has made with the owners is that they give up the whole of their interests to get him out of his difficulty, so I think it would be better to pay the money to him and let him settle with them. To do otherwise would require the money to be divided into some 20 parts and that number of voucher receipts would have to be taken. It is the wish of both Taipari and Hoani that the money should be paid to the latter. Will not the deed forms that I have got here do?39

He was told that

All persons named by the partition orders as owners of 269 acres must of course sign deeds and vouchers. You can take all their signatures on one voucher for the full consent, and, if they desire it, hand cheque for total to Hoani Nahe. I thought that partition order had declared him and Taipari sole owners, in which case deed forms which you have would be rather out of place as they are intended for use only when owners are numerous.40

The following day Wilkinson advised that

On going into figures again re Taparahi Nos 2 and 3 subdivisions, I find amount of cash to be paid will only be £30–15–od, and not £37 previously telegraphed. I got at it as follows. Area of No 2A subdivision of 984 acres at 2/6d per acre is £123. Area of No 3A subdivision 574 acres at 4/-per acre is £114–16–od. Total £237–16–od. The amount of Hoani Nahe's debt and interest is £200–100–od, to which add £6–11–od Court fees, total £207–1–od, leaving balance to pay in cash of £30–15–od. It is difficult however to say what [proportion of ] latter sum should be charged to each subdivision, as price per acre is different. Can I not put the £30–150–od into one voucher, and

35 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 29 May 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.53–55.

36 File note by Native Minister, 29 May 1889, on Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 29 May 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.53–55.

37 Hauraki Minute Book 21 pages 96–97. Supporting Papers #127.14–I5.

38 Orders of the Court, 28 May 1889. Maori Land Court Hamilton Block Orders file H745. Supporting Papers #k55.5–10.

39 Telegram Native Agent Thames to Under Secretary Native Department, 3 June 1889. Maori Affairs Head office file MLP 1899/89. Supporting Papers #B129.56.

40 Telegram Accountant Native Department to Native Agent Thames, 3 June 1889. Maori Affairs Head Office file 1899/89. Supporting Papers #B129.59.

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Thames and Hikutaia District: Taparahi 2 and 3

say balance payment on Taparahi No 2A and 3A blocks, Auckland. Get all to sign it instead of having to divide the amount by finding out the portion for each subdivision and getting separate vouchers signed for each.41

He was told that

Vouchers will I presume cover the whole of the consideration and not merely the balance of £30–15/-. A separate voucher for each block will be required as account must be kept distinct. As

I do not understand what arrangements have been made by Mr Lewis [the Under Secretary] with Hoani Nahe, I cannot give you full instructions until tomorrow. How many owners in 2A and 3A respectively?42

Wilkinson explained that

Nine owners in No 3A and six in No 2A. I think there will be no trouble as in all probability I can get a separate voucher signed by owners of each block for the total amount represented by the acreage of their block, viz £123 for No 2A and £114–16–od for No 3A. That will cover the £3o–15–od which has to be paid in cash. What I was not clear about, however, was supposing the owners of each block should require their portion of the £3o–15–od. What would be the proportion of that sum that each block would represent?43

The reply was that

If such a question should arise, natives must settle it amongst themselves. You had better draw three cheques, one for amount due to Bank, which please cross and retain until instructed further, one for Court fees, which please see handed over to Clerk of Court, and one for balance to be paid over to natives.44

The following day Wilkinson was asked about one further matter.

Did you make any arrangements as to costs of survey of Taparahi division lines? If not, I presume they will have to be borne proportionately by Government and non-sellers. I am moving Chief Surveyor Auckland to put the work in hand.45

He replied that

Did not make any arrangement re cost survey subdivisions Taparahi. Thought best leave it as [between] Government and non-sellers, because cost not known. Thought it sufficient get land for Court fees.46

The next day Wilkinson sent the signed deed for the purchase of Taparahi 2A for £123 (i.e. 2/6d an acre) .47

same being now complete insofar as the native signatures are concerned.

I have put the places on the deeds, also the clear statements in the Maori language, but have only written the description of the land in pencil. Will you please have it written in ink if you are satisfied that it is correctly worded.

41 Telegram Land Purchase Officer Thames to Under Secretary Native Department, 4 June 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.57–59.

42 Telegram Accountant Native Department to Native Agent Thames, 5 June 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.61.

43 Telegram Land Purchase Officer Thames to Accountant Native Department, 5 June 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.60–61.

44 Telegram Accountant Native Department to Native Agent Thames, 5 June 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.62.

45 Telegram Accountant Native Department to Native Agent Thames, 6 June 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.62.

46 Telegram Native Agent Thames to Accountant Native Department, 7 June 1889. Maori Affairs Head

Office file MLP 1899/89. Supporting Papers #B129.63.

47 Auckland Deed 1741. Supporting Papers #A207.

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The deed of Taparahi 3A is not quite complete. Nine signatures have been obtained, but one more is still required. The native representing the unsigned signature is at present at Piako, but will be here on the 27th [ June], when the Piako block is again to come before the N.L. Court here.

As requested by Mr Sheridan in his telegram, I have given a cheque for £6–11–o to the Clerk of N.L. Court for fees in re subdivision of above-mentioned blocks. Also a cheque to Hoani Nahe for £3o–15–o balance of purchase money. I have also drawn and crossed a cheque for £200–10–o to be paid to the Bank of New Zealand here before the 30th [ June], which will be after the outstanding signature is obtained."

Early in July 1889 Wilkinson obtained the last signature, of Wirihana Kari,49 and advised Wellington by telegraph that

Have completed Taparahi 3A purchase and have paid £200–10–od to Bank of New Zealand to retire Hoani Nahe's promissory note.50

He posted the deed the following week.51

By December 1889 the survey of the division line between Taparahi 2A and 2B had been completed.52 The surveyor reported that kauri trees on Taparahi 2A were being felled by the Kauri Timber Company Ltd, in terms of the timber lease originally granted to Darrow, but that as the block had not yet been declared Crown Land it was not possible for the Crown Lands Department to take any action over this logging.53 The Chief Surveyor was asked to expedite the preparation of the partition order certificates, so that they could be signed by the Native Land Court Judge. But it turned out that certain Court fees and survey liens remained unpaid, which prevented the Court releasing the signed orders.54 Eventually these difficulties were overcome, but it was not until 1894 that Taparahi 2A was declared Crown Land.55

Meanwhile Taparahi 3A had been declared Crown Land in January 1891.56

Offers to Sell Taparahi 2B to the Crown

In July 1889 Wilkinson advised Wellington that

I have received a letter from seven out of the 14 owners of Taparahi 2B block Thames, offering to sell it at the same price as that given for Taparahi No 2A purchased by me for government a short time ago, viz 2/6d per acre. If Government purchase this block there will be no necessity to survey the subdivision line as Crown will then own whole of what was originally Taparahi No 2.57

However there was no response to this offer.

48 Land Purchase Officer Thames to Under Secretary Native Department, 8 June 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.64.

49 Auckland Deed 1742. Supporting Papers #A208.

50 Telegram Native Agent Thames to Under Secretary Native Department, 2 July 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.65.

51 Native Agent and Land Purchase Officer Thames to Under Secretary Native Department, 9 July 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.66.

52 Hamilton Maori Land plan 2924. Supporting Papers #N87.

53 EF Adams, Authorised Surveyor, Thames, to Under Secretary Native Department, 10 December 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.69.

54 Registrar Native Land Court Auckland to Accountant Native Department, 18 February 1890. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.70–71.

55 New Zealand Gazette 1894 pages 209–210. Supporting Papers #W27.1–2.

56 New Zealand Gazette 1891 page 64. Supporting Papers #W24.1.

57 Telegram Native Agent Kihikihi to Under Secretary Native Department, 29 July 1889. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.67–68.

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Thames and Hikutaia District: Taparahi 2 and 3

In August 1893 Charles Dearle, who acted as land purchase agent for the Crown at Thames, advised that the offer to sell Taparahi 2B to the Crown was being repeated.58 But the Surveyor General considered that

Being subject to a timber lease I don't think the block worth purchasing at al1.69

No further action was taken on the offer.

In December 1894 a further offer to sell their interests in Taparahi 2B was made to the new purchase officer in Thames, Gilbert Mair, by Wiremu Reihana and 8 others. Their offer price was 7/6d an acre for all interests in the block.60 But the response by the Crown which had been decided in 1893 was repeated.61

Crown Purchase of Taparahi 3B and 3 Cr

In December 1894 Mere Taipari offered to sell Taparahi 3B, which she owned solely, to the Crown for 7/6d an acre.62

At about the same time, in January 1895, Kapihana Te Tuhi and 4 others offered to sell their interests in Taparahi 3C. Their offer price was at the rate of 7/6d for all interests in the block.63

The Surveyor General was asked for his opinion, and replied that

I think Taparahi No 3 is worth 5/-. I expect there is not much timber left on it.64

An offer at this price was approved by the Minister of Lands, and Mair was informed that his authority to purchase included Taparahi 3B

if Messrs Dufaur and Earl disclaim any lien under a document which they have filed with the N.L.C.65

This apparently related to a blanket lien sought against all of Mere Taipari's interests in land.

In March 1895 Mere Taipari signed a deed selling Taparahi 3B to the Crown for £10–6–6d, i.e. 5/- an acre.66

That same month Mair telegraphed in connection with Taparahi 3C that

Reihana Poto deceased owner Taparahi 3C left will in favour of two children, one of them a minor. Eldest child appointed sole executor. Will has been properly proved and executor has

58 CJ Dearle, Thames, to Under Secretary Native Department, 30 August 1893, referred to on cover sheet to

file NLP 1893/146. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.91.

59 Surveyor General to Chief Land Purchase Officer, 8 November 1893, on cover sheet to file NLP 1893/146. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.91.

60 Wiremu Reihana, Kirikiri, to Land Purchase Officer Thames, 10 December 1894. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.92–95.

61 Chief Land Purchase Officer to Land Purchase Officer Thames, 15 December 1894, on cover sheet to file NLP 1894/383. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.96.

62 Meri Taipari, Paeroa, to Land Purchase Officer Thames, 4 December 1894, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 9 December 1894. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.97–99.

63 Kapihana Te Tuhi and 4 Others, Kirikiri, to Land Purchase Officer Thames, 24 January 1895. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.100–103.

64 Surveyor General to Chief Land Purchase Officer, 14 February 1895, on cover sheet to file NLP 1895/46. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.104.

65 Chief Land Purchase Officer to Land Purchase Officer Thames, 14 February 1895, on cover sheet to file NLP 1895/46. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.104.

66 Auckland Deed 1891. Supporting Papers #A241.

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already sold several blocks to pay his father's debts. He now wishes to sell the Taparahi interest. Suppose it quite safe to purchase.67

During March and April 1895 Mair obtained the signatures of 22 of the 38 owners of Taparahi 3C. In July 1895 he obtained the signature of Reihana Poto's eldest child to both his own and his younger brother's interest. There were a number of other owners who had died but whose successors apparently wished to sell. As succession orders were issued by the Court, Mair obtained a number of further signatures, up until April 1896.68

The Crown then applied for its interest in Taparahi 3C to be defined. In April 1896 the Court ordered that its interest totalled 1355 acres 3 roods 13 perches acres of the total area of 1715 acres 3 roods 13 perches. It awarded Taparahi 3C1 to the Crown, awarding the 9 non-sellers Taparahi 3C2 of 360 acres.69

Taparahi 3C1 was then declared Crown Land.70 Taparahi 3B had been declared Crown Land in July 1895.71

Subsequently the partition of Taparahi 3C was surveyed.72

Crown purchase of Taparahi 2B1A

As a result of the partition of Taparahi 2B1 in February 1937, Taparahi 2B1A of 626 acres 3 roods 19.5 perches was created. There were two owners awarded the block at that time, but by the 1970's there was only one owner, Margaret Thompson, also known as Kaupo Thompson or Pero Thompson. The New Zealand Forest Service was interested in acquiring the block, and in April 1976 agreement was reached for the Crown to purchase it for £19,500. A transfer document was drawn up in May 1977,73 and the transfer was confirmed by the Maori Land Court the following month.

Taparahi 2BIA was declared Crown Land in March 1983.74

67 Telegram Land Purchase Officer Thames to Chief Land Purchase Officer, 2I March 1895. Maori Affairs Head Office file MLP 1899/89. Supporting Papers #B129.105.

68 Auckland Deed 1941. Supporting Papers #A253.

69 Hauraki Minute Book 39 page 124. Supporting Papers #J46.13. Orders of the Court, 23 April 1896. Maori Land Court Hamilton Block Orders file H745. Supporting Papers #K55.11-14.

70 New Zealand Gazette 1896 pages 1075-1076. Supporting Papers #W29.1-2.

71 New Zealand Gazette 1895 page 1122. Supporting Papers #W28.2.

72 Plan 2914(3C1) attached to Hamilton Maori Land plan 2914. Supporting Papers #N86.

73 Auckland Deed 5639. Supporting Papers #A409.

74 New Zealand Gazette 1983 page 683.

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THAMES FORESHORE

This subject has an extensive legal history, which is not covered in this evidence.

The Native Land Court awarded a series of titles granting "exclusive rights of fishing upon, and of using for the purposes of fishing, whether with stake, nets or otherwise, the surface of the soil of all that portion of the foreshore or parcel of land between high water mater and low water mark".

Crown Purchase of Rights Awarded by Native Land Court in Foreshore Sections

In August 1871, Daniel Pollen, Agent for the General Government at Auckland, advised the Native Minister that

I yesterday had a second meeting with natives at Shortland, at which the question of the foreshore was discussed. There is not, I fear, a probability that there will be any general accord as to the amount of money that will be received in satisfaction of the claims recognised by the Native Lands Court, although there is no indisposition to settle. It seems clear however that no lesser sum than that originally offered, £2000, will suffice. As the individual claims are defined, Mr Puckey [Native agent at Thames] concurs with me in thinking that the best means of bringing about a settlement is to deal with those persons who are willing to treat upon reasonable terms for the surrender of their rights, and that in this way that portion of the beach, the occupation of which is most earnestly desired by Europeans, may be rendered immediately available for machine sites etc.

Taking £2000 as the price of the frontage from Tararu to Shortland, the price for such claim may be apportioned according to frontage or special value of position, and if, as there is reason to believe, some of the claimants will at once come into such an arrangement, it is probable that all the others would speedily follow their example. Should this mode of proceeding meet your approval, I have to request that you will be good enough to direct that I may have authority to receive from time to time such sums, not exceeding in the whole the amount above mentioned, by way of advance, as may be received, for payment to the native claimants.1

Donald McLean, the Native Minister, replied that

I agree with you that no better course could be adopted for making that portion of the land immediately available to Europeans and us. The natives are not likely to take less than £2000, the sum originally named. The Paymaster General has been instructed to furnish you, as may be required, with such sums, not exceeding the above amount, by way of advance, for payment to the native claimants.2

In January 1872 Pollen requested and was advanced £1000.3

1 Agent for General Government Auckland to Native Minister, 5 August 1871. Maori Affairs Head Office file MLP 1873/199. Supporting Papers #B10.1–3.

2 Native Minister to Agent for General Government Auckland, 15 August 1871. Maori Affairs Head Office file MLP 1873/199. Supporting Papers #B10.4.

3 Agent for General Government Auckland to Under Secretary for Public Works, 30 December 1871, and Under Secretary for Public Works to Agent for General Government Auckland, 4 January 1872. Maori Affairs Head Office file MLP 1873/199. Supporting Papers #B10.5 and 6.

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THE HAURAKI TRIBAL LANDS—PART II

In June 1873 Puckey forwarded 29 deeds of conveyance of foreshore sections.4 These were for BLOCK AREA DATE OF PURCHASE PRICE AUCKLAND DEED
Kauaeranga 28A	14.0.25	28 September 1871	£88–10–0d	3655	Type B
Kauaeranga B10	4.0.10	6 April 1872	£56–5–0d	3546	Type A
Kauaeranga B11	8.0.04	13 August 1872	£32–7–6d	3557	Type A
Kauaeranga B12A	10.2.00	6 September 1872	£42	3568	Type A
Kauaeranga B13	8.0.00	29 August 1872	£35	3579	Type A
Kauaeranga B13A	15.0.00	29 August 1872	£77	35810	Type A
Kauaeranga E9B	4.0.00	12 February 1872	£8
Kauaeranga E11B	28.0.00	4 March 1872	£56	3611	Type A
Kauaeranga E12B	37.0.00	16 April 1872	£74	36212	Type A
Kauaeranga E13B	59.0.00	15 May 1872	£118	36313	Type A
B Tapuae	3.2.11	2 March 1872	£7–5–0d	37314	Type A
B Karaka	17.3.00	19 April 1872	£53–5–0d
B Rangiriri A	6.3.00	4 March 1872	£13–10–0d	36615	Type A
B Rangiriri D	5.3.00	22 March 1872	£11–10–0d	36716	Type A
B Rangiriri F	2.3.24	4 March 1872	£5–15–0d	36817	Type A
B Rangiriri G	2.3.24	15 February 1872	£5–15–0d	36918	Type A
B Rangiriri H1	5.3.00	21 June 1872	£11–10–0d	37019	Type A
B Rangiriri L	2.1.38	15 May 1872	£34	37120	Type A
B Tapuae Ouenuku	7.0.20	19 February 1873	£14–10–0d	37221	Type A
B Nokenoke B	13.0.25	7 April 1873	£26–5–0d	37422	Type A
Moanataiari 1A	11.3.04	29 August 1872	£70–16–0d	35323	Type B
Moanataiari 2A	6.1.36	2 October 1871	£38	34624	Type B

4 Native Agent Thames to Under Secretary for Public Works, 13 June 1873. Maori Affairs Head Office file MLP 1873/199. Supporting Papers #B10.7–10.

5 Supporting Papers #A46. Turton's Deeds, Deed 362, pages 475–476. Supporting Papers #T2.117–118 Turtons Deed Plans. Supporting Papers #T3.65.

6 Supporting Papers #A34.

7 Supporting Papers #A35.

8 Supporting Papers #A36.

9 Supporting Papers #A37.

10 Supporting Papers #A38. Turton's Deeds, Deed 377, pages 514–515. Supporting Papers #T2.156–157.

Turton's Deed Plans. Supporting Papers #T3.79.

11 Supporting Papers #A42.

12 Supporting Papers #A43.

13 Supporting Papers #A44.

14 Supporting Papers #A54.

15 Supporting Papers #A47.

16 Supporting Papers #A48.

17 Supporting Papers #A49.

18 Supporting Papers #A50.

19 Supporting Papers #A51.

20 Supporting Papers #A52.

21 Supporting Papers #A53. Turton's Deeds, Deed 373, pages 510–511. Supporting Papers #T2.152–153.

Turtons Deed Plans. Supporting Papers #T3.75.

22 Supporting Papers #A55. Turtons Deeds, Deed 376, pages 513–514. Supporting Papers #T2.155–156.

Turtons Deed Plans. Supporting Papers #T3.77.

23 Supporting Papers #A33. Turtons Deeds, Deed 378, pages 515–516. Supporting Papers #T2.157–158.

Tartans Deed Plans. Supporting Papers #T3.80.

24 Supporting Papers #A26. Turian.s Deeds, Deed 363, pages 476–477. Supporting Papers #T2.118–119.

Tartans Deed Plans. Supporting Papers #T3.66.

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Thames and Hikutaia District: Thames Foreshore

BLOCK AREA DATE OF PURCHASE PRICE AUCKLAND DEED

Moanataiari 4A 2.1.24 7 December 1871 £15 34725 Type B

Moanataiari 6 3.2.06 28 September 1871 £21 34826 Type B

Moanataiari 7 4.2.38 18 March 1872 £29–15–0d 34927 Type B

Moanataiari 8A 2.2.12 2 October 1871 £16 35028 Type B

Moanataiari 9 9.2.18 18 March 1872 £57 35229 Type B

Pukehinau 2 50.0.00 31 March 1873 £150 37630 Type A

B Whakaharatau A 7.2.13 6 May 1872 E15–5–0d 37731 Type A

These purchases totalled 355 acres 2 roods 21 perches, for which £1183–3–6d had been paid.

For some unknown reason, this package of deeds did not include the following purchases

which had been made by the Crown prior to June 1873:

BLOCK AREA DATE OF PURCHASE PRICE AUCKLAND DEED

Moanataiari 3 12.2.02 24 February 1872 £75 34532 Type B

Moanataiari 8B 11.2.10 21 June 1872 £46 35133 Type B

There were two pre-printed deeds used in these purchases. The first, referred to as Type A in the tables, stated that each deed was a conveyance to the Crown of "all that portion of the foreshore or parcel of land between high water mark and low water mark ... with all the rights and appurtenances thereto belonging, and all other estate, right, title, interest and demand whatsoever, if any, of the said Native in and to the said foreshore of parcel of land and premises and every part thereof, to have and to hold unto Her said Majesty, Her Heirs and successors for ever, provided always that this Deed and nothing herein contained or implied shall be deemed in any way to infringe upon or affect the undoubted prerogatives of Her said Majesty, her Heirs and successors as the sole and absolute Sovereigns of the territory of New Zealand, its shores and waters".

The second deed, referred to as Type B in the tables, noted that a Certificate of Title had been issued by the Native Land Court "whereby it is certified that the said Native [is] the owner according to Native Custom of the exclusive right of fishing upon and using for the purposes of fishing, whether with stake nets or otherwise, the surface of the soil of all that portion of the foreshore or parcel of land between high water mark and low water mark". It then conveyed to the Crown "all that the said right of fishing upon and using for the purpose of fishing, whether with stake nets or otherwise, the surface of the soil of all that the said portion of the foreshore or parcel of land between high water mark and low water mark ... with all the rights, members and appurtenances thereunto belonging, and all the estate, right,

25 Supporting Papers #A27. Turton's Deeds, Deed 365, pages 478–479. Supporting Papers #T2.120–121.

Turtons Deed Plans. Supporting Papers #T3.68.

26 Supporting Papers #A28. Turton's Deed, Deeds 361, pages 474–475. Supporting Papers #T2.1.16–117.

Turtons Deed Plans. Supporting Papers #T3.64.

27 Supporting Papers #A29. Turton's Deeds, Deed 367, pages 480–481. Supporting Papers #T2.122–123.

Turtons Deed Plans. Supporting Papers #T3.69.

28 Supporting Papers #A30. Turtons Deeds, Deed 364, pages 477–478. Supporting Papers #T2.119–120.

Turton's Deed Plans. Supporting Papers #T3.67.

29 Supporting Papers #A32.

30 Supporting Papers #A58. Turton:s Deeds, Deed 374, pages 511–522. Supporting Papers #T2.153–154.

Turtons Deed Plans. Supporting Papers #T3.76.

31 Supporting Papers #A59.

32 Supporting Papers #A25.

33 Supporting Papers #A31.

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THE HAURAKI TRIBAL LANDS—PART II

title, interest and demand whatsoever of the said Native in and to the said foreshore or parcel of land and premises, and every part thereof, to have and to hold unto Her said Majesty, her Heirs and Successors for ever".

In addition the Auckland Provincial Superintendent purchased all foreshore interests of Rapana Maungawa between Tararu and Shortland wharf on 20 May 1873 for £1350.34

In November 1873 Puckey forwarded to Wellington two more deeds,35 for:

BLOCK AREA DATE OF PURCHASE PRICE AUCKLAND DEED

Kauaeranga E8B 3.0.00 15 May 1872 £26–5–0d 35936 Type A

Kauaeranga EI4B 20.0.00 15 May 1872 £56 36437 Type A

With respect to Moanataiari 4A, Puckey was prepared to make a change to the Native Land Court's ruling. The Court had awarded the block to four persons, but Puckey accepted that a fifth person, Kemara, had a valid claim on the block. He paid him £5, which was in addition to the £15 paid to the four owners determined by the Court, who had signed a deed of conveyance.38

In January 1874 Hotereni Taipari asked for £2500 for the purchase of his claims to the Thames foreshores. This offer appears to have been reduced to £500 and to £4506, before Puckey in March 1877 asked for a requisition for £300, as apparently authorised by the late Native Minister, to purchase Taipari's interesti. The deed was apparently completed in November I877.39

In 1874 two further purchases were made:

BLOCK AREA DATE OF PURCHASE PRICE AUCKLAND DEED

Kauaeranga EIOB 12.0.00 27 March 1874 £28 3 6 0A43 Type A

B Nokenoke A 9.3.11 18 May 1874 £19–10–0d 373A44 Type A

34 Auckland Deed 344. Supporting Papers #A24.

Turton's Deeds, Deed 375, pages 512–513. Supporting Papers #T2.154–155.

Turtons Deed Plans. Supporting Papers #T3.78.

Agent for General Government Auckland to Minister for Public Works, 16 June 1873. Maori Affairs Head Office file MLP 1873/199. Supporting Papers #B10.11.

Native Agent Thames to Under Secretary Native Land Purchase Department, 22 November 1873. Maori Affairs Head Office file MLP 1873/220. Supporting Papers #B12.1

35 Native Agent Thames to Under Secretary Native Land Purchase Department, 7 November 1873. Maori Affairs Head Office file MLP 1873/199. Supporting Papers #B10.12.

36 Supporting Papers #A39.

37 Supporting Papers #A45.

38 Native Agent Thames to Under Secretary Native Land Purchase Department, 17 April 1874. Maori Affairs Head Office file MLP 1874/186. Supporting Papers #B17.1–2.

39 Hotereni Taipari to Under Secretary Native Land Purchase Department, 30 January 1874. Maori Affairs Head Office file 1878/2741 (Schedule). Supporting Papers #C2.1–2.

40 Hotereni Taipari to Under Secretary Native Department, 11 February 1876 and 14 September 1876. Maori Affairs Head Office file 1878/2741 (Schedule). Supporting Papers #C2.1–2.

41 Native Agent Thames to Under Secretary Native Department, 9 March 1877. Maori Affairs Head Office file 1878/2741 (Schedule). Supporting Papers #C2.1–2.

42 Native Agent Thames to Under Secretary Native Department, 13 November 1877. Maori Affairs Head Office file 1878/2741 (Schedule). Supporting Papers #C21–2.

43 Supporting Papers #A41.

44 Supporting Papers #A55.

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THE HAURAKI TRIBAL LANDS—PART II

THAMES WATERWORKS

PLAN Hamilton Survey Office plan 1047B1

In July 1873, Puckey, the Native Agent at Thames wrote to Wellington that

With reference to the waterworks about to be commenced at the Thames, I am now in a position to state that I can see my way clear to a satisfactory termination to the opposition of Riwai Te Kiore. He has all along expressed his determination to oppose the construction of the works unless a money consideration by way of acknowledgement of his mana were given him. The sum demanded has been £100. I have repeatedly pointed out that the Government derives no benefit from these works, but that the immediate effect would be the increase of the revenue of the natives by the additional impulse to gold mining directly caused by the waterworks. It is hopeless to think that the opposition of this obstructive old man can be overcome ny new argument, although paying a money consideration in such cases as a principle is undoubtedly objectionable as offering a premium to opposition. I beg to propose that a sum not exceeding £6o should be placed in my hands for the purpose above stated. I could give £50 to Riwai and £10 to Tautoro Tawa, and with the assistance of Mr Tookey (who has kindly promised to assist me) I am confident of success. I have but to add that I do not think any proposition in favour of giving anything for allowing the works to be carried over any portion of this Goldfield worthy of consideration for a moment, there is however a portion of land reserved from the Goldfield across which the waterworks by either of the levels must necessarily be carried, and it is more especially as concerning this that I submit the foregoing proposition.2

The Under Secretary to the Native Department added that

I know this Riwai is an obstinate old fellow, and money is the only argument that will move him. It is a bad precedent, but perhaps it will after all be the least expensive way of getting over this obstruction.3

The Native Minister approved the proposal.

In September 1873

Mr Puckey, Native Agent at the Thames, telegraphs that the natives are owners of a block of about 500 acres of land through which the waterworks line runs. This Mr Puckey has a prospect of purchasing, he asks the Government to limit the price.4

Both the Auckland Provincial Superintendent and the Native Minister approved the purchase, and Puckey was advised.5

But Puckey replied that

the price asked for the land is altogether out of the question, being £2 per acre. I presume that 5/-per acre would be the outside price, but then a survey has been made at the expense of the

1 Supporting Papers #N271.

2 Native Agent Thames to Native Minister, 17 July 1873. Maori Affairs Head Office file MLP 1873/194. Supporting Papers #B9.1–3.

3 File note by Under Secretary Native Department, 29 July 1873, on Native Agent Thames to Native
Minister, 17 July 1873. Maori Affairs Head Office file MLP 1873/194. Supporting Papers #B9.1–3.

4 Under Secretary Native Department to Native Minister, 5 September 1873. Maori Affairs Head Office file MLP 1873/194. Supporting Papers B9.4.

5 Various file notes on Under Secretary Native Department to Native Minister, 5 September 1873. Maori Affairs Head Office file MLP 1873/194. Supporting Papers #B9.4.

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WAIOTAHI A

CREATED 19 December 1873

Hauraki Minute Book 8 page 279

AREA 94 acres 3 roods z9 perches

PLAN Hamilton Maori Land plan 2992

Investigation of Title

Waiotahi was surveyed by Oliver Creagh for Ahipene and Reha Aperahama.'

At the Court hearing to investigate title, because Nikorima Poutotara claimed portion of Waiotahi, a portion was excluded, and the remaining portion, then known as Waiotahi A, was awarded to Ahipene and Reha Aperahama, Hori Aperahama and Hera Te Waunga.2

Nikorima Poutotara's portion was provisionally named Waiotahi B, but was later renamed Kaipitopito block.

The effect of cutting off Nikorima's portion reduced the area from 102 acres 3 roods 35 perches to 94 acres 3 roods 29 perches.3

Attempted Purchase by the Crown

In January 1879 the Native Minister authorised the purchase by the Crown of blocks such as Waiotahi A near Thames township.

The municipal authorities have again been urging upon me the desirability of purchasing the freehold of the Gold Fields adjoining Grahamstown and Shortland. I have some idea that the L.P. Officers have always held a standing authority to purchase if opportunity offered, but to make sure I renew the authority. I doubt very much if you can succeed. At same time it is as well that you should understand that we are willing to purchase if opportunity offers at reasonable rate.4

Wilkinson, who was instructed to negotiate the purchase, responded in December 1879 that

Some time ago I received written instructions from Hon J Sheehan to purchase the freehold of Thames Gold Field whenever opportunity offered. I have bought several blocks and am now about buying one called Waiotahi A, but I am likely to have opposition from private speculators. Cannot all the Thames Gold Field be proclaimed land under purchase by the Crown. I think it is important that when the Natives are willing to part with their interests in the Gold Fields that it should be to the Crown only, and form part of the public estate instead of going into the hands of private speculators.'

1 Hamilton Maori Land plan 2992. Supporting Papers #Nio3.

2 Hauraki Minute Book 8 page 279. Supporting Papers #J14.48.

3 Hamilton Maori Land plan 2992. Supporting Papers #N1o3.

4 Native Minister to Land Purchase Officer Thames, 15 January 1879. Maori Affairs Head Office file MLP 1881/96. Supporting Papers #B4o.I.

5 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 18 December 1879. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B4o.2-3.

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Thames and Hikutaia District: Waiotahi A

In February 1880 Wilkinson provided details about Waiotahi A.

I have taken considerable pains to get all possible information concerning the same, and the amount of income or revenue that is accruing from it yearly.

I have been supplied by the Survey Department with a tracing of the block, and the Government surveyor here has laid off thereon each claim or licensed holding that is taken up on the ground, and from the Inspector of Miners Rights I have obtained a rough return of the amount paid on the same for licence fees, residence sites, etc, and also the number of miners rights taken out by the miners who are working on each claim.

This information, with the tracing, I enclose for your perusal, and shall be glad if you will instruct me as to what price I may give for the block. It contains nearly 95 acres and is in the best part (that is, the part that is now most worked) of the Gold Field. The licensing and residence site fees amount in the aggregate to about £147–0–0d, and the miners rights to about £68–0–0d, making a total of £215–0–0d per annum. This amount is of course liable to change, in fact it is continually fluctuating, but I may state, and Mr Puckey who has had the disbursement of miners rights to the Natives for a number of years agrees with me, that the amount of revenue accruing from this block just now is nearly as low as it is likely to be, and that with the increased opening up of the mines, the revenue is more likely to increase than decrease in the future.

I have not had a chance to see the native owners since sending my telegram, as they reside at Te Aroha. The amount at first asked by them was £1000–0–0d, but I have reason to believe that the block can be purchased for a less sum than that, and on receipt of instructions from you will set about negotiating the purchase or otherwise.

Since obtaining the foregoing information, the honourable Mr Whitaker has been here and has authorised the purchase of this block for the sum of £500–0–0d, but I question if it can be bought for so small a sum as that, and would suggest that you instruct me to advance somewhat beyond that price.6

Wilkinson added that

Hori Aperahama, one of the grantees of Waiotahi A block is dead some years before the land passed Court, but his name was wrongfully inserted in Grant. He was a brother of Aihe Pepene and Keha Aperahama, and a son of Hera Te Wainga, also a grantee. The block is owned by that particular family. The mother Hera would succeed to the share of her son Hori Aperahama. The amount representing his share could be detained until the succession title is ordered by the Court. The interest of the three living ones could be bought now and if it were likely that any other of the grantees than the mother would succeed to Hori Aperahama's share, an agreement could be signed by them all to make over the interest whenever adjudicated upon by the Court.7

The Native Minister approved an offer of £750, to be completed before the end of the financial year.8

In April 1880 Wilkinson reported that

I have seen the owners of the said block, but up to the present time have not been able to come to a satisfactory arrangement with them, as they refuse to take less than £1000 for their combined interests.

6 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 10 February 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.4–8.

7 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 19 February 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.9–10.

8 File note by Native Minister, 24 February 1880, and Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 26 February 1880, on cover sheet to file NLP 1880/113. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.11–13.

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I do not however consider that this refusal to sell on their part, unless they get the £ moo, will remain in force for very long. I would therefore suggest that you allow me to keep open for some time yet the offer of £700 that I have already made them.9

In June that year Wilkinson reported that "I find Mr Puckey is trying to buy Waiotahi A from natives and has offered them £800, which is £50 more than Government offer".10 But the Minister decided that "the matter can stand over".11

Puckey, who had previously been Native Agent at Thames and had just been laid off, himself advised the Government that

Have not yet commenced to negotiate for Waiotahi A. Intend to do so at once unless god cause shown why I should not. Must do something for a living.12

The response was that

Native Minister directs me to inform you officially that the piece of land known as Waiotahi A is within the Thames proclaimed district and under negotiation of purchase by the Government.13

A solicitor acting for private interests wrote at this time asking if his clients would be allowed to purchase Waiotahi A.

The natives are anxious to dispose of this property, they having recently arranged to purchase a steamer for carrying on trade on the Waihou River, and now require funds for so doing.

My clients are offered the property and will close with the natives, provided the Government will remove the Proclamation prohibiting purchase and pay over to the purchasers all the rents, fees etc now paid to the Native owners.14

Because the Crown offer was still open, the Native Minister decided that

I cannot consent to the withdrawal of the general Proclamation in respect to this block. The Government are in negotiation for it, and the private individuals who appear to have outbid the Government had no right to do anything of the kind.19

Puckey, meanwhile, responded to the Minister's decision in a lengthy letter.

I will take no further step in the matter, and, as by doing so I shall lose my commission, I hope you will credit me morally with the sum of fifty pounds, the amount which I was to receive. I had no intention from the first of interfering with the Government purchase, and was informed by my employers that they had an understanding with the government that in the event of the native owners not selling to the Crown at the price to which the Government L.P. Agent was limited, they might acquire it on their own behalf. I have been careful however to make no offer to the natives, and have therefore in no way complicated the question. But I am not satisfied as to the correctness of your statement that the land is included within the Thames proclaimed district, the only Proclamation which I know of in any way affecting it having long since expired.

9 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 16 April 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.14–15.

10 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 5 June 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.16–17.

11 File note by Native Minister, 9 June 1880, on Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 5 June 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.16–17.

12 Telegram EW Puckey, Thames, to Under Secretary Native Land Purchase Department, 12 June 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.18–19.

13 Telegram Under Secretary Native Land Purchase Department to EW Puckey, Grahamstown, 17 June 1880.

Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.19.

14 A Brodie, Wellington, to Under Secretary Native Land Purchase Department, 18 June 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.20–22.

15 File note by Native Minister, 19 June 1880, on A Brodie, Wellington, to Under Secretary Native Land Purchase Department, 18 June 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.20–22.

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Thames and Hikutaia District: Waiotahi A

Perhaps for my satisfaction on this point, and that of my employers, you will kindly say in what number of the NZ Gazette the Proclamation may be found. I ask this favour as they may employ another agent who may be less amenable to Government influences than myself and who may complete the transaction and pocket the commission I might otherwise have earned.

Now, although I am still smarting under a sense of injury at having been deprived of my office without having been appointed to another, whilst other men not having so good a claim to the consideration of the Government (e.g. Jim Clendon, who has been appointed R.M. Bay of Islands) have been promoted or retained, I still feel some interest in the completion of the government land purchases here, especially Ohinemuri, and am sorry to see that Mr Wilkinson is not allowed some discretionary power within safe limits. I refused to assist him in the matter of the above named block, as I would rather have done the work for nothing and made the Government a present of my services than have undertaken a two weeks engagement which the L.P. Agent had as it were to wring out of the Government as a special favour.

Now that I have relieved my pint of feelings by making the above mild reproach, I would suggest that you place a little reliance upon your Agent's judgement and give him a little more scope, otherwise the Ohinemuri purchase will be spoiled. The block will be like a gridiron, alternate interests will be Crown and Native land. I may be a fool for my pains for having written as I have, my advice not having been asked, nevertheless I trust my remarks will be taken in the spirit in which I write them. I will add but one word more, the Land Purchase Agent is not aware that

I have written you in this strain.16

Puckey's letter was simply acknowledged, and he was told that the Proclamation had been issued in 1874,17 with its effect continued forward by Section 18 Waste Lands Administration Act 1876.18

In August 1880 Wilkinson advised that

Have just had meeting with owners of Waiotahi A block, within Goldfield here, which I have been endeavouring to purchase for some time past. They are willing to sell out for one thousand pounds and will wait till I get an answer from you. The amount paid to them for miners rights in this block for the last six months has been £154–10–6d. Please let me know at once whether you will advance anything beyond the £800 [sic] already offered. 19

The Under Secretary recommended the purchase.20 Two days later Wilkinson telegraphed

again, because he had not received a reply, and said he felt he could obtain the block for £900.21 The Native Minister felt that "This land must be worth the money and it may be bought, price not to exceed £i000".22 Despite this upper limit, Wilkinson was told that the

Native Minister approved purchase for "£900, this sum to cover all expenses".23

16 EW Puckey, Thames, to Under Secretary Native Land Purchase Department, 28 June 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.23–25.

17 New Zealand Gazette 1874 page 693. Supporting Papers #W7.14.

18 Under Secretary Native Land Purchase Department to EW Puckey, Thames, 5 August 1880, on cover sheet to file NLP 1880/464. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.26.

19 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 17 August 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.27–28.

20 Under Secretary Native Land Purchase Department to Native Minister, 17 August 1880, on Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 17 August 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.27–28.

21 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department,

19 August 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.29–31.

22 Native Minister to Under Secretary Native Land Purchase Department, 20 August 1880, on Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 19 August 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.29–31.

23 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames,

20 August 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.32.

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Wilkinson replied that

I am ready to pay the money for Waiotahi A. I propose to deduct all expenses out of the £900, then divide balance into four parts, paying one to each of the three grantees as they sign, and keep the fourth share to be paid to the one who succeeds to the share of Hori Aperaha, deceased.24

But he was told that

Your proposal to divide the purchase money of Waiotahi into four parts and pay the three living grantees in full is wrong in principle, and may lead as in other cases to a partition and so lose the best part of the land. It is several months since this purchase was talked of and it is strange that no successor was appointed at recent sitting of Court in the district. I think only a small payment to each of the grantees should be made till the matter can be dealt with finally.26

This prompted Wilkinson to ask for definite instructions, as

I cannot see how I can ask them to convey to the Government the whole of their interest in the block when I am only prepared to pay them a portion of the purchase money for such interest. The block is owned by a family of the mother and three sons. It is one of these sons that is dead and will be represented by either the mother or one of the brothers. So I do not see where the trouble that you speak of can creep in. It is true that this purchase has been talked of for several months, but you forget that no Lands Court has sat here since November last, and it was since last Court that the application was sent in. Please let me know at once how you wish this matter settled, and what amount you wish me to pay if the Natives will accept.26

The Native Minister was advised that

If by any means the purchase of this land can be delayed till the Court appoints a successor to the deceased grantee (one out of four), I think it should be. To buy out three shares of this valuable land at present would be to give an unknown value to the unsold share. Perhaps have to pay for it as much as for the other 3 shares. 27

The Minister agreed that the purchase should be held over until a successor had been appointed.28

In September 1880 the Chairman of Thames County Council urged the purchase of Waiotahi A.

The advantages to be gained are: the Government would acquire a valuable portion of the goldfield. As the block is well settled it would afford the miners an opportunity to acquire the freeholds of their homes; and lastly the County would possess the land upon which the large reservoir of the water race is situate, and for which the natives are seeking compensation.

There cannot be a doubt, if the Government will favourably consider the wishes of the Council, a considerable portion of the purchase money would be recouped by the sale of the residence sites,and the balance from the miners rights issued for this portion of the Goldfields.29

24 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department,

23 August 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.33–34.

25 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames,

24 August 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.35.

26 Telegram Land Purchase Officer Thames to Under Secretary Native Department, 24 August 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.36–38.

27 Under Secretary Native Land Purchase Department to Native Minister, 31 August 1880, on cover sheet to file NLP 1880/571. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.39–40.

28 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 29 September 1880, on cover sheet to file NLP 1880/572. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.39–40.

29 Chairman Thames County Council to Government, 4 September 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.41–42.

The Mayor of Thames Borough Council also sent a telegram to the Minister of Lands the same day. Maori Affairs Head Office file MLP 1889/39. Supporting Papers #B68.1–2.

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He was told that purchase had to await the appointment of a successor.30

That same month Wilkinson reported that a Mr Corner, a mine manager of Thames, was

apparently negotiating to purchase Waiotahi A for £ 1000,31 He was told to advise Corner that purchase would be illegal because of the Proclamation preventing private purchase.32 But this

did not put Corner off, and in late September 1880 he sealed the purchase of the block for £1000 with an advance of £100 on account.33 Corner then applied to the Trust Commissioner to have the deed certified. This deed was signed by all but one of the owners.34 In late October 1880, Corner's solicitor wrote to Wilkinson that

Mr Corner was irrevocably appointed the attorney of and for the late native owners Aihe Pepene, Reha Aperahama, Aperahama Te Reiroa and Hera Te Whanga by power of attorney bearing date the 29th day of September 1880, to receive all sums of money accruing due and payable to the natives mentioned after the 4th day of October 1880 for miners rights, residence sites, timber licences and all other monies payable to them through you from the Government on the above mentioned block of land. And I am further instructed to request you not to pay any of such monies to the Natives above mentioned that may accrue due and payable after the 4th October 1880, but to pay the same to Mr Corner under his power of attorney from the natives entitled. I have also to intimate to you that I am prepared to produce to you or either of you, at any time you may wish to see it, the power of attorney above referred to.35

In December 1880, Corner's solicitor wrote to the Native Minister that Corner had purchased the block,

finding that no Proclamation affected ... Waiotahi A, ... and that the Government had gazetted no notice of their being in treaty for the purchase of the block and had no lien of any kind on it for payments made on account of any purchase ...

The agreement for sale and purchase was forwarded to the Trust Commissioner and a caveat forbidding the dealing of the land by anyone else was lodged in the Land Transfer Office by Mr Corner, who had previously ascertained on inquiry at the Land Transfer Office that the land was not affected by any Proclamation or Gazette notice, so that the Native owners were clearly free to sell and Mr Corner to purchase. Since the sale and purchase of the block, the Natives have been sued by a great many creditors in different actions and in some instances judgement summons have been issued and orders of commitment granted against them for imprisonment,and one or two of them now stand in a very awkward position indeed. It would appear on inquiry of the Trust Commissioner, for what reason I do not know, that the whole matter was referred to Government on the nth of last month to deal with. Mr G Wilkinson, Government Native Land Purchase Agent here, refused to make the enquiry required of him by the Trust Commissioner and now the Trust Commissioner says that he cannot make the inquiry under the Native Land Frauds Prevention Act or give his certificate until he hears from you. Altogether

30 Under Secretary Native Land Purchase Department to Chairman Thames County Council, 28 September 1880, on cover sheet to file NLP 1880/624. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.43. Telegram Minister of Lands to Mayor Thames Borough Council, 20 September 1880. Maori Affairs Head Office file MLP 1889/39. Supporting Papers #B68.3.

31 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department,
23 September 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.44.

32 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames,
23 September 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.45.

33 Telegrams Land Purchase Officer Thames to Under Secretary Native Land Purchase Department,

4 October 1880 and 13 October 1880, and Memorandum of Agreement, 28 September 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.46, 47 and 48–52.

34 Hamilton Land Registry Transfer 3614. Supporting Papers #Q34.

35 GN Brassey, Solicitor, Thames, to Land Purchase Officer Thames and Mining Warden Thames,
27 October 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.53–54.

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the matter stands in a most unsatisfactory state for the Natives who sold, and inasmuch as my client is desirous of completing the purchase made by him of the block, and the Natives are also desirous of completing and of being relieved of actions commenced and being prosecuted against them, and incarceration under orders granted is imminent, and as Government can have no legal or equitable claim whatever to purchase the block, I shall feel greatly obliged if you will not delay the completion by Mr Corner of the purchase made by him, and refer the matter back again to the Trust Commissioner to prosecute his inquiries,and instruct him to give the certificate applied for by purchaser of the block, if he is satisfied of there having been a bona fide sale and purchase by Mr Corner from the Natives. I may say that Mr Corner has been negotiating for the sale and purchase of the block before Mr Wilkinson ever thought of sending a written notice of the desire of the Government to purchase, but, irrespective of that, no written notice of any kind can affect the position of a purchaser and the unquestionable right of the Natives to sell to who they please. Your attention to the matter will therefore oblige both the vendors and the purchaser of the land, who I am sure you will agree with me are legally and equitably entitled to complete the purchase, and I trust that the Government after looking into the matter will not stand in the way of a completion of the purchase which will most seriously inconvenience the Natives who have sold.36

Aihe Pepene and Reha Aperahama also wrote to the Native Minister.

This is a word of ours to you respecting our land Waiotahi A situate in the Hauraki goldfields and sold by us to a European for nine hundred pounds, which has not yet been paid over to us, but is lying in the Bank. Our reason for selling the land was that we were in great difficulties and were continually being brought before the Court and twice arrested. If the Government had not said that they would buy the land, we would long ago have received the nine hundred pounds and been relieved of our difficulties. We ask you to allow our pakeha to complete the purchase of the land so that we may receive the nine hundred pounds and get ourselves out of the clutches of the Europeans at whose instance we are being pressed, for we are in continual trouble.37

Apparently the Trust Commissioner had been instructed not to pass the deed, because the Government claimed prior rights, relying on Section 18 Waste Lands Administration Act 1876.

Wilkinson was instructed to see what could be done to safeguard the Crown's interest in acquiring the block. He replied

Have seen Ehrenfried, formerly Mayor of Thames, re Mr Corner's purchase of Waiotahi A block. He says that he is not able to do anything in the matter. Mr Brodie, the Chairman of County Council, will see Mr Comer today or tomorrow after which I will let you know the result.38

He later added that

Have myself seen Mr Corner about Waiotahi A. He is prepared to fight the matter out, but from his conversation I think that if an offer was made him by which he got back the Loci paid to the natives on account of his purchase, with the addition of reasonable expenses incurred, I believe he would be willing to make over what title he has got to the Government and clear out of the transaction.39

36 GN Brassey, Solicitor, Thames, to Native Minister, 10 December 1880. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.55–58.

37 Aihe Pepene and Reha Aperahama, Shortland, to Native Minister, 18 January 1881. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.59–61.

38 Telegram Land Purchase Office Thames to Under Secretary Native Land Purchase Department,
1 February 1881. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.62–63.

39 Telegram Land Purchase Office Thames to Under Secretary Native Land Purchase Department, 5 April 1881. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.64–65.

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The Solicitor General was asked for his opinion of Section 18 Waste Lands Administration Act 1876. He replied that

The section referred to only appears to preserve the exclusive right of the Governor to lands in respect of the purchase of which money had been paid on behalf of Her Majesty at the time the Waste Lands Administration Act 1876 became law.

The 18th section of the Act mentioned being a special enactment is not rendered inoperative by the 2nd and 3rd sections of the Government Native Land Purchase Act 1877. But there would, prima facie,be no reason why the provisions of the last mentioned Act should not have been, or be, made use of in the case provided for in the 18th section of the WLA Act of 1876, and as to all lands included in the notification of 15 October 1874 this section is kept alive by the Land Act of 1877. 40

As the basis of the Crown's argument had been that Section 18 of the 1876 Act applied to Waiotahi A, but no money had been paid on account of that block, the Native Minister agreed that "we must give way and allow Mr Corner's deed to pass".41 The Trust Commissioner was then informed that "the land in question is not now under negotiation by the Crown".42

Purchase by Private Interests

The Trust Commissioner certified Corner's September 1880 purchase in October 1881.43 He may also have pointed out at that time that the deed had not been signed by one of the owners, Hori Aperahama. Hori had died and a successor, Aperahama Te Reiroa, was appointed, who sold his interest to Corner in December 1881 for a nominal sum of 5/-.44

Corner's purchase of Waiotahi A was registered in February 1882.45 When he died, his executors sold the block to Elizabeth Ann Taylor of Thames.

Purchase by the Crown46

The Crown purchased the block from Taylor for £i000 in April 1904,47 apparently using Mines Department funds.

Waiotahi A was declared Crown Land in August 1904.48

40 Opinion of Solicitor General, 20 April 1881. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.66.

41 Accountant Native Land Purchase Department to Native Minister, 4 May 1881, on Telegram Land Purchase Office Thames to Under Secretary Native Land Purchase Department, 1 February 1881. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.62–63.

42 Under Secretary Native Land Purchase Department to Trust Commissioner Auckland, 5 May 1881. Maori Affairs Head Office file MLP 1881/516. Supporting Papers #B40.67.

43 Hamilton Land Registry Transfer 3614. Supporting Papers #Q34.

44 Hamilton Land Registry Transfer 3615. Supporting Papers #Q35.

45 Hamilton Land Registry Certificate of Title 9/103. Copy in Auckland Deed 3548. Supporting Papers #A320.

46 The Crown file for this purchase is Mines Head Office file 1904/268.

47 Auckland Deed 3548. Supporting Papers #A320.

48 New Zealand Gazette 1904 page 2110. Supporting Papers #W37.1.

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WA I U

CREATED 10 December 1873

Hauraki Minute Book 8 page 210

AREA 8 acres o roods 12 perches

PLAN Hamilton Maori Land plan 2733

The block was surveyed.1

Waiu was claimed by Hori Matene of Ngati Maru. There were no objections, and the block was awarded to ten persons named by the claimant. The title was made inalienable,2 apparently because the land was a wahi tapu.

Purchase by the Crown

In November 1879 the Crown purchased the interests of two of the owners, Ngaroma Whaiapu and Hera Tuhirae, for £25.3

Wilkinson was asked to explain this purchase, as no information was held in Wellington about the block.4 At about the same time he was independently reporting that

Waiu This is what I might call an exceptional purchase, and was not amongst Mr Mackay's old purchases, neither was it commenced by myself. It originated, I believe, through the Natives refusing to allow the County Council to take the road through this block. The only condition upon which they would allow the road to be made was that the Government should buy the land. As it was found necessary to take both the road and railway line over the block, and as there were large quantities of stone suitable for road metal on the same, the Honourable Mr John Sheehan agreed to the demands of the Natives for one hundred pounds for the land and twenty five pounds for the stones, and the purchase has been gone on with in accordance with the agreements made between the Honourable Mr Sheehan and the Natives. There are two more signatures to be got to complete this title.5

In response to the specific request from Wellington, Wilkinson reported that

The purchase of this block was verbally authorised by the late Native Minister during his visit to the Thames in January last, in the presence of Mr Puckey, Mr Brodie, Chairman of Thames County Council, Hoani Nahe and WH Taipari.

Mr Brodie requested Mr Sheehan to acquire the block on behalf of the Crown, on account of the road metal which could be obtained therefrom for the formation of the County road, and Mr Sheehan agreed to the price asked by the owners, viz, £125, and ordered the purchase to be proceeded with.

Now that it has been found out that the block was made absolutely inalienable, I would suggest that a short Act be introduced into the House to legalise the purchase as it already stands.6

1 Hamilton Maori Land plan 2733. Supporting Papers #N72.

2 Hauraki Minute Book 8 page 210. Supporting Papers #J14.30.

3 Hamilton Land Registry Transfer 2748. Referred to in Auckland Deed 1197. Supporting Papers #A115.

4 Telegram Accountant Native Land Purchase Department to Land Purchase Officer Thames, 15 January 1880. Maori Affairs Head Office file MLP 1880/722. Supporting Papers #B31.1.

5 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 January 1880. Maori Affairs Head Office file MLP 1880/58. Supporting Papers #B25.1–14.

6 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 20 January 1880. Maori Affairs Head Office file MLP 1880/722. Supporting Papers #B31.2–3.

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But he was told that

The explanation given is far from satisfactory. Very little inquiry would have satisfied you that the land should not have been negotiated for, until the position of title was fairly placed before the Government, the Native Land Court having ordered the land to be absolutely inalienable. From receipts for money paid on the purchase of this land it would appear that you have paid Ngaroma Whaiapu and Hare Tuhirae the sum of £12–10–0d each, neither of them being named in the Certificate of Title as grantees. Be good enough to explain the payment of these two amounts!

Wilkinson replied that

These two people have been appointed by the Native Land Court to succeed to the interests of Winiata Whaiapu and Arapera Tiritiri respectively, deceased, and that on payment of the above mentioned amounts, they signed the deed conveying the interest to which they had succeeded to the Crown.8

In a deed dated April 1880 Wilkinson purchased the interests of the other 8 owners for £100.9 It was then necessary to remove the restrictions on alienation, which the Governor did in July 1880.10 Both deeds were certified by the Trust Commissioner in August 1880.

Waiu was declared Waste Lands of the Crown in January 1881.11

7 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 4 February 1880,

on cover sheet to file NLP 1880/59. Maori Affairs Head Office file MLP 1880/722. Supporting Papers #B31.4.

8 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 9 March 1880. Maori Affairs Head Office file MLP 1880/722. Supporting Papers #B31.5.

9 Hamilton Land Registry Transfer 2747. Supporting Papers #Q27. Auckland Deed 1197. Supporting Papers #A115.

10 Hamilton Land Registry Transfer 2748. Supporting Papers #Q27.

Copy of Transfer in Auckland Deed 1197. Supporting Papers #A115.

11 New Zealand Gazette 1881 pages 170–174. Supporting Papers #W14.1–5.

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A further application for investigation of title, for a portion of land named Panehenehe, was made by Preece and Graham on behalf of Henare Whakarongohau and his brother Te Hapimana of Ngati Patu in March 1872.3

Henry Rowe completed the survey of Waiwhakaurunga in April 1872.4 When checked, a number of minor survey errors were found.

The plan was produced in Court in August 1872 when the title to the block was investigated. When Ngati Patu, represented by James Mackay, made their claim, there were counter claims lodged by

Te Karauna of Ngati Maru,
Ngakapa, claiming from Wawenga on the east side of Waiwhakaurunga,
Wetea, claiming from Te Ahumua on the west side of Waiwhakaurunga.

Ngati Maru put their case first. Peneamine Tanui of Ngati Maru and Ngati Whanaunga claimed from his ancestor Matau.

Henare Whakarongohau acknowledged a claim from the ancestor Wawenga, but argued that the claim descended down a different line. Wawenga had fought and defeated Matau and Te Ahumua. Wawenga had one daughter (Puke) and three sons (Papawhenua, Pakawhakairo and Te Urihuia). Papawhenua's son was Patu, hence the hapu Ngati Patu which Henare aligned himself with.

Puke's descendants put up a case for the block.

Henare Whakarongohau gave evidence for Ngati Patu.

The boundaries of this block were pointed out by my matuas, Kahumu and the children of Kahumu. This was long ago. At the time of the survey, Matiaha pointed them out but I rejected them. I went with a good many people, with Matau's descendants and others of those who had land adjoining. Those who went with me were Waitai Taupo, Karauna Hou, Erueti Ngakoki, Te W..... Pereki. These were Matu's descendants. Of Te Ahumua's descendants, there were Tautoru Tawa. Of Pakwhakairo's descendants there were Kerei, Toroire and H Renata. Te Urehuia's, Te Pukeroa went ... Mr Mackay and the two surveyors accompanied us. We pitched our tent on south side of Hihi Stream. I told the people who went with us that I intended to survey my land to complete Karauria's arrangement with Mr Mackay. They said "ka tika to mahi". Matau's descendants said so. I said whether we should go in the creek or not. Karauna said, let it go along the north bank of the stream, as it was the best bank to go along. I said, which of you will go with my man to point out the Hihi boundary. It was agreed that Perehi and Waitai should go on their behalf. Waitai put in the first peg at Hihi. Karauna was present. He agreed. I arranged hat Hapimana should go on my behalf. Raima, Matiaha and all the rest of us went to Te Tuhunga. We surveyed that and then came back to camp. After this the surveyors commenced to cut the lines. Mr Rowe went up the Hihi Stream with Waitai to survey up to Matatakahi. Mr Mackay asked Hapimana where was the boundary. He said, wait till Waitai comes up. We were all agreed. Waitai pointed out where the line should go. He said let it go straight and Mr Mackay put in two ranging rods. It was suggested that Hapimana should show the boundary along the ridge to the Totara. Waitai agreed. Hapimana was left to show the boundaries to Mr Rowe, and we came back to our tent. Te Karama and party had come away. Tautoru and Te Hapimana showed the south west boundary to Mr Eyre which had been arranged and talked

3 Application for Investigation of Title, 9 March 1872. Maori Land Court Hamilton Block Orders file H592.

Supporting Papers #K44.4.

4 Hamilton Maori Land plan 2516. Supporting Papers #N43.

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over on the first day. These boundaries as surveyed were the boundaries of the land which belonged to Papawhenua and his brother. Karauria first sold the kauri on south of Hihi on account of his relative Miriama as far as Raeponga. He sold over the lands he inherited from his father and also from his mother. He had told me during his lifetime that I had no claim over the land south of Hihi. He claimed on south off Hihi from his mother and on the north from his father. His mother was from Matau. The excluded pieces have been surveyed. Hotoritori for descendants of Pakawhakairo and Te Urehuia. Hare ... agreed to the boundaries of hotoritori. He told me that the hotoritori Stream was the boundary and I agreed there was no dispute. Kerei Te Tuhi was present when the south boundary was laid off. I did not see him when the north was pointed out. Kerei Te Tuhi had a separate survey made during my absence. The boundary at the stream is the right one (not Kerei's). There was no dispute about it before. Opango belongs to the descendants of Pakawhakairo and Te Urehuia. The survey is in accordance with the boundaries described to me by my matuas and theirs. The rest of the land belongs to me [and my party] ... the descendants of Papawhenua now living.5

The eventual judgment of the Court was that

The Court found that Ngatimaru had no claim. Their ancestors Matau and Te Ahumua had been driven off by the original inhabitants and they had never afterwards gone back to take possession. It appeared in fact from the evidence that they had never even set foot upon the block but had been chased back before they had reached it.

Papawhenua with his brothers Pakawhakairo and Te Urehuia first took possession of the land and divided it amongst themselves. The descendants of these chiefs have been in continual occupation up to the present time. A piece of land called Whakairi had been given to Puke, the sister of Papawhenua, and would now belong to her descendants Aherata Te Mihinui and others as per genealogy.

The owners of the Waiwhakaurunga block are the descendants of Papawhenua. The owners of Manginahae is Te Pukeroa the descendent of Urehuia.

The owners of Opango and Hotoritori are the descendants of Pakawhakairo, Te Pukeroa having also a claim on Opango.

The boundaries of the blocks to remain as shown on the large map.6

Subsequently Mackay returned to the Court and told it that Puke's descendants had sold

their interest in the portion of Waiwhakaurunga known as Whakairi for £6o, and relinquished all claims to ownership of Waiwhakaurunga. With this the Court ordered that

title to the block be issued in the names of 6 descendants of Papawhenua. They were Matiaha Kahumu, Henare Whakarongohau, Repiu Tokata, Wata Taia, Raima Te Hemoata and Te Hapimana Rupapa.7

When the case had been decided Mackay had applied to the Court for

a lien for Mr Rowe on the Opango block for £42–12–6d, being for 73/4 miles at £5–10–0 per mile, with the understanding that he would prefer no charge for the survey of Hotoritori and Manginahae as shown on the large plan. But that £m be charged to Tautoru as his half the cost of north line of Mangarehu.

The Court refused to order a lien in Mr Eyre's favour as his charges were exorbitant and unfair.8

5 Hauraki Minute Book 6 pages 523–527.

6 Hauraki Minute Book 7 page 43. Supporting Papers #J13.8.

7 Hauraki Minute Book 7 page 73. Supporting Papers #J13.9. Order of the Court, 22 August 1872. Maori

Land Court Hamilton Block Orders file H592. Supporting Papers #K44.5.

8 Hauraki Minute Book 7 page 42. Supporting Papers #J13.7.

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The survey plan was approved by the Court in January 1873 insofar as Waiwhakaurunga, Opango, Manginahae, Hotoritori, Mangarehu and Mangarehu East blocks were concerned.

Timber Lease

By a lease dated the day after the block was determined by the Court, the timber on Waiwhakaurunga was sold, and the harvesting rights leased for 99 years, to Thomas Russell, Captain James Stone and William Chisholm Wilson. The price paid for the lease was a single payment of £1500, plus an annual rental of 1/- "if and when demanded".9 The lease was certified by the Trust Commissioner in July 1874. In the deed of lease, the six grantees were described as being of Ngatipatu hapu of Ngati Manx.

In July 1874 Heron advised that he was releasing his £400 lien over Waiwhakaurunga, "the same having been cancelled by me when the timber was purchased by Messrs Stone, Russell and Wilson".10

Purchase by the Crown

In September 1872, one month after Waiwhakaurunga has been determined by the Court, Mackay reported that

Negotiations have been entered into for the purchase of the Whakari or Waiwhakaurunga block near Shortland, which contains nearly 15,000 acres, the title to which has been investigated by the Native Land Court, and I believe it can be purchased for 2/- per acre. I have therefore the honour to request authority to complete the arrangements, and also that the Agent for the General Government at Auckland be authorised to advance to me the sum of £1500 for that purpose.11

The purchase was approved by the Auckland Provincial Superintendent and the Premier.

In a deed dated October 1874 Waiwhakaurunga was purchased by the Crown for £1588.12 The sale was subject to three reserves being retained by the Maori owners. These were Panehenehe (81 acres), Moturaupo (to acres) and Waiwawa (95 acres). The exclusion of the reserves meant the area purchased by the Crown was 14,000 acres.

Waiwhakaurunga was declared Waste Lands of the Crown in July 1879.13

9 Timber Lease, 23 August 1872. Copy on Auckland Deed 735. Supporting Papers #A68. Turton's Deeds, Deed 383, pages 526–530. Supporting Papers #T2.168–172.

10 J Heron, Shortland, to Chief Judge Native Land Court, 18 July 1874. Maori Land Court Hamilton Block Orders file H592. Supporting Papers #K44.8.

11 J Mackay, Wellington, to Minister of Public Works, 28 September 1872. Maori Affairs Head Office file

MLP 1873/42. Supporting Papers #B5.1.

12 Hamilton Land Registry Transfer 411. Supporting Papers #Q5a. Auckland Deed 735. Supporting Papers #A68.

Turton's Deeds, Deed 383, pages 526–530. Supporting Papers #T2.168–172.

13 New Zealand Gazette 1879 pages 913–916. Supporting Papers #W12.11–14.

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WAIWHARIKI

CREATED 4 September 1874

Hauraki Minute Book 8 page 302

AREA 33 acres 0 roods 33 perches

PLAN Hamilton Maori Land plan 3056

At the investigation of title, Waiwhariki was claimed by Erana Ketu of Ngati Maru. There were no objections, and io persons were named in the Certificate of Title. In addition these 10 and a further 8 names were registered under Section 17 Native Land Act 1867 as having an interest in the block.1

The block required to be re-surveyed.

The survey plan produced before the Court, and upon which Certificate is ordered to issue, is very incorrect, and pending a re-survey such Certificate cannot issue.2

This was not completed and approved until 1885, when the Crown's interest in purchasing the block spurred the Survey Office to complete the survey.3

Purchase by the Crown

In May 1885 the Chairman of Thames County Council telegraphed to Wellington advised

that Waiwhariki block was being offered for sale by its owners, and urged that the Government purchase it.4 The Resident Magistrate and Mining Warden at Thames explained that

Three hundred and fifty is full value, but as it adjoins Te Kapua No i and Revenue will pay nine per cent, I suggest you give it.5

The proposal was put to the Native Minister.

The Waiwharaha [sic] block contains 35 [sic] acres. The Goldfield Revenue averages £30 per annum. The land can be purchased for £350. The purchase is recommended by Warden of the Thames Goldfield.6

The Minister approved the purchase at this price.

1 Hauraki Minute Book 8 page 3o2. Supporting Papers #J14.54.

2 Assistant Surveyor General to Under Secretary Native Land Purchase Department, 22 May 1885. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.17–19.

3 Hamilton Maori Land plan 3056.

Telegram Under Secretary Native Land Purchase Department to Assistant Surveyor General, 18 May 1885; and Registrar Native Land Court Auckland to Accountant Native Land Purchase Department, 8 September 1885, on Judge Brookfield, Thames, to Under Secretary Native Land Purchase Department, 19 May 1885. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.6 and 7–16.

4 Telegram Chairman Thames county Council to Native Minister, 6 May 1885. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.1–2.

5 Telegram Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 11 May 1885. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.3.

6 Under Secretary Native Land Purchase Department to Native Minister, 11 May 1885, on Telegram Chairman Thames County Council to Under Secretary Native Land Purchase Department, 6 May 1885. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #864.1–2.

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Thames and Hikutaia District: Waiwhariki

But four days later the Resident Magistrate and Mining Warden reported that

I find on investigation that the purchase of this block must for the present be abandoned. There are eighteen grantees in Order, four dead, no successors appointed. The right of these four to be in Order at all disputed by the others. No subdivision, so cannot deal for individual shares.7

He was told that

I will go into question of title on receipt of information applied for from N.L.C. Auckland. Crown Law Officer has drawn up a form of deed which I will fill up and forward to you. It is adapted either to purchase of whole block or of individual interests.

Meanwhile next of kin of four deceased owners should apply for succession orders.8

The Resident Magistrate commenced purchasing interests, with Hikori Rawiri's interest in the block purchased before July 1885.9 In August 1885 he informed Wellington that

Mr Deane has negotiated purchase so far under some difficulty. We await approval of plan by Chief Surveyor only, to complete purchase of 14 out of 18 shares. Natives are now at Thames and purchase could be completed tomorrow. I have left cheques with Clerk of Court, who will witness signatures and pay over to vendors. Successors have not been appointed for remaining four shares. Applications have been made to Court to do this.10

The following month he identified a potential problem with the interest owned by Hohepa Hikairo.

Hohepa Brown's (deceased) share left by will to Hohepa Hakiro [sic], who has obtained probate from Supreme Court. I suppose we shall be safe in purchasing. Papers regular.11

He was told that

Hohepa Hakiro as devisee under the will can convey the interest. A copy of the will and probate should be attached to the deed. I assume that the Native Land Court has not made a succession order.12

Succession orders were not made by the Native Land Court until October 1886. After that the remaining signatures were obtained, the last ones being obtained in early December 1886.13 The total purchase price was £340. The deed was certified by the Trust Commissioner in January 1887.

Waiwhariki was declared Waste Lands of the Crown in May 1887.14

7 Telegram Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 15 May 1885. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.4.

8 Telegram Under Secretary Native Land Purchase Department to Resident Magistrate Thames, 16 May 1885. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.5.

9 Under Secretary Native Land Purchase Department to Resident Magistrate Thames, 8 July 1885, on cover sheet to file NLP 1885/145. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.20. Auckland Deed 1604. Supporting Papers #A.185.

10 Telegram Resident Magistrate Thames to Under Secretary Native Land Purchase Department, 13 August 1885. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.21–23.

11 Telegram Resident Magistrate Thames to Under Secretary Native Land Purchase Department,
9 September 1885. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.24.

12 Telegram Under Secretary Native Land Purchase Department to Resident Magistrate Thames,
10 September 1885. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.25.

13 Auckland Deed 1604. Supporting Papers #A185.

Resident Magistrate Thames to Under Secretary Native Department, 2 December 1886. Maori Affairs Head Office file MLP 1888/88. Supporting Papers #B64.26–37.

14 New Zealand Gazette 1887 pages 675–678. Supporting Papers #W20.1–4.

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WAOKAURI

CREATED II September 1874

Hauraki Minute Book 8 pages 318-319

AREA 128 acres

PLAN Hamilton Maori Land plan 2647

Investigation of Title

Waokauri was surveyed by Henry Rowe for Erueti Awetea. The survey was completed in January 1873.1

In September 1874 Erueti Wetea of Ngati Maru claimed the block from his ancestor Te Hau. He added that "we have sold this land, and want no restrictions". There were no objections, and the Court awarded Waokauri to 8 owners.'

Purchase by the Crown

James Mackay advanced £2,o on Waokauri block. The advances were

12 November 1873 Erueti Wetea & Riwai Te Kiore £4

15 December 1874 Tautoru Tawa £6

15 December 1874 Erueti Wetea £6

17 December 1874 Riwai Te Kiore £4

In November 1873 it had been agreed that Waokauri block would be purchased by the Crown at 3/- an acre once it had passed through the Court. Erueti Wetea, Riwai Te Kiore and Tautoru Tawa were three of the eight owners.

In addition Henry Rowe, the surveyor, was paid £9-9-od by the Crown in November 1876 for the survey of the block.3

When the Certificate of Title was forwarded to Government, with a view to a Crown Grant being issued, the issue of a Crown Grant was declined and a lien in favour of the Crown was ordered to be registered with the Native Land Court.4

The negotiations for purchase of Waokauri were notified in October 1874.5 This notification prevented dealings in the block by private purchasers. The notification was extended by Section 18 Waste Lands Administration Act 1876.

1 Hamilton Maori Land plan 2647. Supporting Papers #N65.

2 Hauraki Minute Book 8 pages 318-319. Supporting Papers #.44.57-58.

3 Payment Vouchers 32897-32899 and 21347. Maori Affairs Head Office file MLP 1895/34o. Supporting Papers #13m4.1-5.

4 Various file notes on Chief Judge Native Land Court to Native Minister, 29 April 1875, and on Chief Judge Native Land Court to Secretary for Crown Lands, 12 July 1875. Maori Affairs Head Office file MLP 1895/34o. Supporting Papers #13104.6-7 and 8.

5 New Zealand Gazette 1874 page 693. Supporting Papers #w7.14.

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Thames and Hikutaia District: Waokauri

The Crown in May 1878 notified that monies had been paid for interests in Waokauri, and that purchase of the block was being negotiated by the Government.6

Ibn August 1878 George Wilkinson, the assistant land purchase officer at Thames, reported that the block "has been disposed of by the Natives to a private purchaser".7 However no

record of this transaction was located at the time.

In June 1885 the Court considered an application by the Crown for the definition of its interest in Waokauri. The three owners who had taken advances from the Crown, owed the Crown, with their three-eighths share of the survey cost, a total of £23–6–0d. Their three-

eighths share of the block represented 48 acres, which at 3/- an acre represented £7–4–0d.8 Prior to the hearing, a William Murdoch notified Wilkinson that he had purchased the block

some years earlier and had been paying County rates on it. He offered to refund the advances made to Government.9 Wilkinson passed this information on to Wellington, where it was

noted that

Ten years ago Mr Mackay paid £20 on account to four [sic] of the grantees without entering into any definite arrangement as to price etc, then he dropped the block out of his returns altogether. Some time afterwards the whole of the grantees sold to a Mr Murdoch, who pleads ignorance of the Proclamation [preventing private dealings].

We are now asking the N.L.C. to define what interest has been acquired by the Crown through Mr Mackay's payments. We may perhaps get an award of a few acres necessitating a subdivision survey which will cost more than the land is worth. Without recognising Mr Murdoch at all, I would suggest that if Natives refund all Government expenses that Mr Wilkinson should be authorised to withdraw the Government claim from Court and that the Proclamation should be cancelled.

Until 1878 it was impossible for an outsider to know what blocks were under negotiation by the Government at the Thames, as the whole peninsula was included in one Proclamation, although private purchases were at the time nearly as numerous as Government ones. The validity of this Proclamation has often been questioned., it has however nearly served all the purposes for which it was intended.10

Wilkinson was instructed to seek an adjournment of the Court hearing,11 which he succeeded in doing.12

Murdoch was then given the opportunity to refund the monies advanced by the Crown. Despite reminders, he had still not made the refund by November 1891. During this time

the Crown's application to have its interest defined was retained but not prosecuted. In November 1891 it was recommended to the Native Minister that

Mr Murdoch has been staving off payment of this money for the past 6 years. Recommended that he be now informed that unless payment is made during the ensuing month, the Crown

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

7 Report by GT Wilkinson, 31 August 1878. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.9.

8 Notes of Hearing, 2 June 1885. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.15.

9 William Murdoch, Thames, to Native Agent Alexandra, 21 April 1885 Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.10–11.

10 Accountant Native Land Purchase Branch to Under Secretary Native Department, 30 May 1885, on cover sheet to file NLP 1885/129. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.12–13.

11 Under Secretary Native Department to Accountant Native Land Purchase Branch, 30 May 1885, on cover sheet to file NLP 1885/129, and Telegram Under Secretary Native Department to Native Agent, Thames, 30 May 1885. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.12–13 and 14.

12 Notes of Hearing, 2 June 1885. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.15.

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THE HAURAKI TRIBAL LANDS—PART II

claim will be again gazetted for hearing and cannot afterwards be withdrawn. The effect of this would be to destroy entirely his chance of making good his title.13

The Minister approved. There was still no response from Murdoch.

In January 1895 the newly arrived land purchase officer in Thames, Gilbert Mair, noting this outstanding dealing, notified Wellington that

As Mr Murdoch lives some miles from here, I have not been able to see him till I rode out to his place on the 2nd [ January 1895]. I told him this matter had been outstanding for many years and must be settled at once. He asked for further time, would arrange the matter when Mr Cadman visited the Thames as he had heard that he was coming shortly. Moreover he thought it would be a graceful act if Government waived all claim to the land, seeing that he had acted in good faith, etc. I think it would e best to have the Crown claim brought before the Court, about to sit here, and if Mr Murdoch does not carry out his own proposal of refunding the sum advanced to the Natives, before date fixed for hearing, to move the Court to cut off the 48 odd acres claimed.14

He was told that

Yes, you had better have the case disposed of at next Court. The application is still before the Court as an adjourned claim. Get the Registrar to panui it.15

In April 1895 Murdoch wrote that

On reconsidering the matter we have come to the conclusion that it will be as well for the Government to cut out from Waokauri the land required by them. Thanking you for consideration in the matter.16

In August 1895 the Native Land Court heard the Crown's application. Mair told the Court that

In 1873 the Crown bought from 3 out of 8. Mr Murdoch not being aware of the Proclamation, bought from all the Natives. He offered to refund the Government expense.... Ultimately it was agreed to divide the land. I went over the land with him. It was agreed that the Crown take 48 acres at the north and Murdoch the rest. His deed is registered in the Deeds Office. Agreement from Natives to the Crown has been lost. We have only the vouchers. The vouchers include a sum of £9–9–0d paid to H Rowe for survey.17

The Crown agreed that the 48 acres to be awarded to it would satisfy and discharge the whole of the amount owed for survey. The Court then awarded the Crown Waokauri A of 48 acres,

and Murdoch Waokauri B of 80 acres. 18

Mair afterwards explained that the Crown's award was

at the top end of the block, where the land is of better quality and nearer to the battery from the reefs worked there. A considerable yield of gold has been obtained. There is a made road running through the block which gives access to the 48 acres.19

13 Accountant Native Land Purchase Branch to Native Minister, 13 November 1891, on cover sheet to file NLP 1888/255. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.16–17.

14 Land Purchase Officer Thames to Chief Land Purchase Officer, 4 January 1895. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.18–19.

15 Chief Land Purchase Officer to Land Purchase Officer Thames, 9 January 1895, on Land Purchase Officer Thames to Chief Land Purchase Officer, 4 January 1895. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.18–19.

16 William Murdoch, Thames, to Land Purchase Officer Thames, 26 April 1895, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 8 August 1895. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.20–23.

17 Hauraki Minute Book 37 page 148. Supporting Papers #J44.18.

18 Hauraki Minute Book 37 page 157.

19 Land Purchase Officer Thames to Chief Land Purchase Officer, 8 August 1895. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #104.20–23.

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Thames and Hikutaia District: Waokauri

Waokauri A was declared Crown Land in July 1896.20

The validity of Murdoch's award was afterwards called into question.

[Murdoch's] deed was not produced [at the Court hearing], but according to the minutes Captain Mair stated in evidence that it was registered in Deeds Registry Office. This is not so. ... We have no record in [Native Land Court Office Auckland] to show that the deed was passed by a Trust Commissioner. On the contrary our papers show that a certificate was refused on account of the Proclamation. The Crown Grant for the block has never issued.21

It was decided that

You had better bring the matter under the notice of the Judge. I doubt very much whether Murdoch ever paid duty, etc. The order in his favour is probably equitable enough, but it is entirely invalid.22

However the Judge responded that "I do not think this requires any action on my part".23

Apparently the signature of one owner had not been obtained by Murdoch. The Court refused to issue him its Order in his favour (which he needed to be able to register his ownership of Waokauri B) until he obtained this signature. This remained the situation in 1940.24

20 New Zealand Gazette 1896 pages 1075–1076. Supporting Papers #W29.1–2.

21 Registrar Native Land Court Auckland to Chief Land Purchase Officer, 30 August 1895, on cover sheet to file NLP 1895/340. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.24–25.

22 Chief Land Purchase Officer to Registrar Naive Land Court Auckland, 2 September 1895, on cover sheet to file NLP 1895/340. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.24–25.

23 Judge Edger to Registrar Native Land Court Auckland, 16 September 1895, on Registrar Native Land Court Auckland to Judge Edger, 5 September 1895. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.26.

24 Chief Surveyor Auckland to Under Secretary for Lands, 3 October 1940. Maori Affairs Head Office file MLP 1895/340. Supporting Papers #B104.27.

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Ahirau	3
Ahiraumati (see Kapowai)
Arerowhero	4
Hinahina (see Marokoka)
Te Hoho	5
Huhurahi	6
Kahuwera	7
Kaimarama	8
Kapowai	12
Te Kauanga Whenuakite	15
Kawakawa	21
Mahakirau	22
Mahurangi & Purangi Islands	23
Makomako	24
Mangarahi (see Marokoka)
Marokoka	26
Maruerue	29
Moewai	3o
Ngarahutunoa	31
Orua (see Te Puia)
Oteao 1	32
Oteao 2	33
Oteao 3	34
Oteao 4	36
Ounuora	38
Ounuora 2	39
Te Puia	44
Pungarehuroa	45
Purangi	47
Purangi Islands (see Mahurangi)
Rangihau	48
Rewarewa (see Marokoka)
Taranoho	5o
Tarapatiki	52
Te Tipi	53

THE HAURAKI TRIBAL LANDS-PART 2
Waimahoe	55
Waipaheke	56
Waiparuparu	57
Waiwawa	59
Te Weiti 1, 2 & 3	62
Te Weiti 4	66
Whakapoi	67
Whanauroroa (see Ounuora)
Wharepapa	68
Whenuakite	69
Whenuakite 2	71
Whenuakite 3	75
Whenuakite 5	76
Tairua & Whangamata District
Te Karo 1 & 2	79
Matakitaki	81
Matapaia	82
Omahu	83
Papatawatawa	85
Te Pepe	86
Puketui	87
Tairua	89
Taparahii	95
Tautahanga	97
Whangamata	99
Wharekawa East 1–5	129
Whitipirorua	145

Ahuroa	149
Hape	151
Hihi & Piraunui	152
Hikutaia	159
Horete 1	172
Horete 2	176
Horete 3	178
Horete 4	181
Hotoritori	182
Ipuwhakatara	184
Iringa o Pirori	187
Kahe	192
Kaipitopito	193
Te Kapua I	195
Karaka (see Thames Foreshore)