The Hauraki Tribal. Lands

THE HAURAKI TREATY CLAIMS

VOLUME

P A R T 3

Hauraki Maori Trust Board

The Hauraki Tribal Lands

DAVID ALEXANDER

PART 3:

Ohinemuri District

Te Aroha & Paeroa District

Wairoa & Orere District

HAURAKI MAORI TRUST BOARD
1997

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

ISBN 1-877198-11-0

© Hauraki Maori Trust Board

This report was commissioned by the Hauraki Maori Trust Board
as part of its Waitangi Tribunal Claim research programme.
Any views expressed and conclusions drawn are those of the author.

All rights reserved.
No part of this publication may be reproduced,
stored in a retrieval system, or transmitted in any form or by any means,
electronic, mechanical, including photocopying, recording or otherwise,
without the prior permission of the publisher.

Typeset by Wordset Enterprises Limited, Wellington
Printed by GP Print, Wellington, New Zealand

FOREWORD

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

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

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

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

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

No reira, noho ora koutou.

T J McEnteer

Claims Manager

Hauraki Maori Trust Board

III

CONTENTS

Foreword                   III

Preface   IX

Hauraki Region Districts   XI

Hauraki Region Map   XII

Ohinemuri District

Ohinemuri   3

Mataora   57

Ngati Koi Reserve (see Ohinemuri 4)

Ngati Koi Reserve (see Ohinemuri 17)

Ngati Rahiri Reserve (see Ohinemuri 18)

Ngati Taharua Reserve (see Ohinemuri 1)

Ngati Tamatera Reserve (see Ohinemuri 17)

Ngati Tangata Reserve (see Ohinemuri 8)

Ohinemuri i   58

Ohinemuri 2   61

Ohinemuri 3   63

Ohinemuri 4   64

Ohinemuri 5   68

Ohinemuri 6   70

Ohinemuri 7   73

Ohinemuri 8   76

Ohinemuri 9   79

Ohinemuri 10   80

Ohinemuri 11   82

Ohinemuri 12   83

Ohinemuri 13   84

Ohinemuri 14   86

Ohinemuri 15   87

Ohinemuri 16   88

Ohinemuri 17   90

Ohinemuri 18   105

Ohinemuri 19   110

Ohinemuri 20   112

Owharoa   139

Owharoa 2   141

Owharoa 3   145

Owharoa 4   149

Owharoa 5   150

Uriwha Reserves (see Ohinemuri 4)

Waihi   152

Wairoa and Orere District

VI

VII

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 loth Century, and purchases by private individuals. This additional research has been incorporated in the reports, in a reasonably comprehensive way with respect to Crown purchases, and to a lesser extent with respect to private purchases.

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

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

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

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

IX

THE HAURAKI TRIBAL LANDS-PART 3

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

HAURAKI REGION DISTRICTS

XI

MAP I: HAURAKI REGION

Ohinemuri District

This district covers the great Ohinemuri Block. Its northern boundary is a line approximately between Whiritoa on the east coast of the Coromandel Peninsula, and a point just south of Hikutaia in the Waihou Valley, while its southern boundary is the northern boundary of the Katikati-Te Puna block in the Tauranga District.

I

OHINEMURI

Cession of Gold Mining Rights

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

This has not been surveyed, the probable area is 100,000 acres. Of this, one third is fit for settlement irrespective of requirements for Native reserves. Gold has been found in three or four places within this territory, but I have reason to believe it will be more difficult of access than at the Thames and Coromandel fields. This block can only be acquired by degrees and by very carefully conducted negotiations.'

In June 1872 Mackay reported on the work he was undertaking to purchase a number of blocks in the Hauraki district, including the Ohinemuri block.

With reference to the acquirement of the Ohinemuri district, I am happy to state that the negotiations for the telegraph line, and the subsequent dealings with the Ngatitamatera tribe for the Cape Colville and Waikawau blocks, have materially aided in bringing about a better feeling in the minds of the Natives, and I think I am justified in stating that the time is fast approaching when that district will be available for European settlement and mining. I cannot, however, too strongly impress on the Government the necessity of not pushing this question, as any appearance of haste or pressure will retard its settlement. I have in that portion of this report which refers to the Waikawau block sufficiently indicated the state of the Native mind in that district.2

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

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

Ohinemuri District: Ohinemur

iWhile McLean was at Ohinemuri in February 1875 he authorised the payment of a large sum

to Te Hira Te Tuiri, presumably as an inducement to persuade Te Hira to agree to the cession of the mining rights.

Te Hira on principle abstained in past years from receiving any payment for lands sold to the Crown, now however he requests that his interests in Katikati and elsewhere may be recognised and paid for, and on a surrender of all his interests you will be authorised to pay him a sum not exceeding £1000, including previous payment of £3oo.7

The previous payment to Te Hira had been made in August 1874.8 A further payment of £700 was made to Te Hira in March 1875.9

Purchase of Interests in Ohinemuri Block by the Crown In July 1877 Mackay reported that

The Waikawau and Ohinemuri cases are so closely intermingled, in consequence of both blocks being owned by the Ngatitamatera tribe, that it has been found impossible to deal with them separately. It happens that some of these people are very obstructive Hauhaus, which has retarded the final arrangement of both questions. I am happy to report that the objectors are gradually giving way; and that on my recommendation they recently requested the Native Land Court to adjourn all the cases in which they were interested from Shortland to Ohinemuri. The Court was adjourned there accordingly, and resulted in the opposing faction becoming thoroughly disunited; and they are now more inclined to come to terms. When it is remembered that on a former occasion, when the Native Land Court attempted to hold a sitting at Ohinemuri, it was compelled to desist through the obstinacy and violent conduct of the Hauhau party, it will perhaps be allowed that considerable progress has been made in the right direction.10

In November 1877, EW Puckey, the Government's Native Agent at Thames, telegraphed that

Some Ngatiraukawa natives from Waotuare here to receive from the hands of Ngatitamatera and Ngatikoi, owners of Ohinemuri Goldfield, a portion of the same estimated at 500 acres. It is in payment for a burial ground adjacent, that belonged to Ngatiraukawa formerly, having been sold by Ngatikoi. The block has been given up at public meeting and by written document, and Ngatiraukawa have sent application for survey and hearing in Native Land Court with the sanction of all the Ohinemuri people. They the Ngatiraukawa are willing to sell the block to the Government, as they have no other lands in the district. and do not reside here. I think this affords a good opportunity of commencing to get a foothold of the fee simple of the Ohinemuri Goldfield. The Natives want an advance to bind the bargain. I think 5/- per acre a fair price. If you think any payment advisable at present, I would get an agreement signed, fixing price and boundaries.11

A fresh deed of sale and purchase was prepared in 1878,12 and Mackay recommenced the purchase of interests in what was known as the Ohinemuri Goldfields block.

7 Native Minister to J Mackay, 18 February 1875. Copy on Maori Affairs Head Office file MLP 1893/45. Supporting Papers #B78.1

8 Receipt signed by Te Hira Te Tuiri and Mere Kuru, 27 August 1874. Copy on Maori Affairs Head Office file MLP 1893/45. Supporting Papers #B78.2.

9 Payment Voucher 51546,18 March 1875. Copy on Maori Affairs Head Office file MLP 1893/45. Supporting Papers #B78.3.

10 J Mackay, Thames, to Minister for Public Works, 31 July 1877. AJHR, 1877, G–7, pages 7–10.

Supporting Papers #U11.1–4.

11 Telegram Native Agent Thames to Under Secretary Native Department, r6 November 1877. Maori Affairs

Head Office file MLP 1881/246. Supporting Papers #B36.19–21.

12 Auckland Deed 1444. Supporting Papers #A147.

5

Ohinemuri District: Ohinemuri

difficult to carry on negotiations, but these people are the exception only, and not the rule. The Deed of Conveyance of this Block now contains about 400 signatures, and with a few additions will be ready to put before the Native Lands Court. There are however some considerable land owners of the Tukukino stamp who up to the present time have refused to come to any arrangement about parting with their interests. I should like if possible to come to terms with them before the Court sits, and in the interval that elapses between now and the sitting of the Court will use my best endeavours to do so.18

The Under Secretary noted that the Native Land Court would sit in June 1880 to consider the ownership of the Ohinemuri Block.

Preparation for Investigation of Title

In March 1880 Wilkinson asked if further purchases of interests in Ohinemuri block could be made before the title to the block was investigated by the Native Land Court.19 He was told that

The position of the Ohinemuri Goldfields block is exceptional from any other purchase of land in the Colony. If you can buy outright any interests in that land you should do so, bearing in mind the payment is final and the deed is signed.20

Wilkinson followed this up with a letter.

I have the honour to suggest that before the hearing of the Ohinemuri Gold Field Block takes place, the services of Harata Patene, the principal chieftainess of the Ngatipaoa tribe (who are themselves part owners of Ohinemuri) be secured to give evidence on behalf of the Government in the Native Lands Court.

This woman is gifted with a surprising knowledge of Maori history and genealogy, and has at different times given most valuable assistance to Government officers in the matter of land questions - instance her services rendered to the late Mr Preece during the hearing of the Aroha case in August 1878 - and I would much rather have her on my side than opposed to me when the Ohinemuri case comes on for hearing.

Unfortunately Harata has fallen off lately in her respect and admiration for the Government, her grievance being that for the service rendered by her during the hearing of the Aroha case, Mr Preece promised her £200, which on account of that gentleman's decease, she has not got yet, and also that an application for rehearing of some blocks of land at Ohinemuri, namely Otamaurunganui, Takapau, Te Waka-o-tiki-te-aroha and Te Manuku No 2, which was made by Mr Mackay on behalf of herself and others interested, has not been acceded to, although she was given to understand that the application would be recommended by Judge Symonds who heard the case. As the judgement in the above cases vitiated her claims and that of her tribe to land within the Ohinemuri block, it will be necessary, as I think has already been suggested to you, that steps should be taken to set aside the judgements referred to, otherwise she will not only refuse to give me any assistance but will also give me much trouble when this case comes on for hearing. Will you please inform me whether there is any likelihood of her request being granted with regard to the rehearing of the above mentioned blocks, or whether anything could be done towards settling her claim for the £200 which she states was promised her by the late Mr Preece.21

18 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.

19 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 11 March 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.22–23.

20 Telegram Under Secretary Native Land Purchase Department, 12 March 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.24.

21 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 13 March 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.25–27.

7

Ohinemuri District: Ohinemuri

the documents you require respecting the Ohinemuri deed if the whole document was forwarded to me. Cannot verify and attest unless I recognise them on the original deed as having been attached in my presence. James Mackay RM." Unless there is no other way of getting over what appears to me to be Mr Mackay's unusual excess of cautiousness, I shall have to send the deed to him at Greymouth, but that will prohibit me buying one interest during the time it is away unless I get a new deed prepared, and I could not get the original deed back until some time after the Court opens. I shall have to ask for adjournment of case called on early. Please reply at once if you agree to my sending the deed to Greymouth.25

He was told that

It could not be expected that Mr Mackay would attest signatures to a Deed unless the Deed was before him. The risk of sending the conveyance by post is too great now. He might be from home and an adjournment of the case might jeopardise the land passing the Court at its present sitting. You must do the best you can with the Deed and vouchers as they are. Would Mr Mackay's assistance if he were summoned to attend the Court give you great help? If you desire his being present as a necessity, telegraph at once.26

Wilkinson was also told that

If you require the services of Mr Puckey to assist you in putting the Ohinemuri land through the Court, and he is willing, you are authorised to arrange with him. The case cannot start for more last for more than a week or two. Native Minister has authorised your being imprested with sum of £1000. A further sum will be authorised if required. It is understood that you make no advances out of this money on any land that the Court has not determined the title and named Grantees. This to apply to the Ohinemuri Block also. A letter has been written you respecting rations. You can expend the sum of £25 if necessary for rations to those Natives who are interested in assisting the Government to the title visiting Ohinemuri from a distance. Harata Patene's claim for £200 cannot be allowed.27

In early June 1880 Wilkinson reported that

the instructions received the other day that I am not to make any more payments on Ohinemuri until the interests are defined by the Court will indirectly assist the natives in their desire to have the Ohinemuri case adjourned to another Court. Before receiving these instructions I might have bought out some of the opposing interests, and the remainder who held aloof could have had their interest cut out in one block and the rest could have gone to the Crown. But now I think the Court must go into the whole matter of title in order to define the separate interests, and as there are some twelve or fifteen different divisions or hapus of the Ohinemuri tribes all of whom have a claim, I don't see how the Court can define their interests without separate surveys being made for each block With regard to the £25 authorised to buy food for Natives, barely buy tea for them, not to mention sugar to sweeten it with, and I question if it will be advisable for me to issue anything at all, as the amount authorised would go such a little way only. I cannot help thinking that instead of being allowed every assistance on a case of this sort, I am winged and crippled to such an extent as to reduce my chances of success to a minimum.28

He was told that

Hon Native Minister has directed me to reply to your telegram received this morning, that the difficulty appears to have been created by yourself so far as the £1000 imprest is concerned, that

25 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 26 May 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.33–35.

26 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 27 May 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.36.

27 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 31 May 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.37.

28 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 4 June 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.38–42.

9

Ohinemuri District: Ohinemuri

Te Paeroa, Ohinemuri, to make arrangements for the hearing of this block. When I arrived there I had several conversations with Tukukino, who wished the land to be withdrawn from hearing, and I was as persistent in having it brought forward, that is Ohinemuri Gold Field as a whole. As he was the principal spokesman for Ohinemuri, all the other chiefs were in favour of it being heard, but were disposed to yield to Tukukino's wishes, therefore I was left alone to do away with Tukukino's obstruction. The chiefs who assisted me were Te Pokiha, Rawiri Taiporutu, Te Wikiriwhi, besides Te Rihitoto. The wish of these people was with me to endeavour to get the land put through the Court.33

Investigation of Title

For the title to any block to be investigated, the Court first had to have before it a survey plan. The plan produced for Ohinemuri is undated.34 It seems to have been merely a sketch of the

outer boundary of the block, together with such agricultural leases as issued under the Mining Act marked on it, and with some mine workings sketched in.

The Court case commenced on 9 June 1880, when the various claimants made appearances, and was then adjourned.35 Wilkinson at a later Court case in 1884 outlined what happened.

The case was called on before the Court ... I stated my reasons to the Court why the case should be gone on with. Tukukino raised strong objections, without stating any particular reasons. Mr Judge Munro agreed to hear the case, but objected to the plan as it then was. The Judge said he knew that there were a great number of different hapus claiming on this land, and there were no lines to show the different subdivisions, and it was suggested by the Judge that they should devise some means amongst themselves to divide the plan so that the case could go on. I proposed an adjournment to allow me to make arrangements, the adjournment was granted, we then proceeded to appoint the proper persons. I don't exactly remember who were appointed spokesmen. Tukukino was one of the parties appointed. Tupeka Te Whakamau, Hone Reweti etc of N' Karaua; Karaitiana Kihau, Rawiri Taiporutu, Rapata Te Pokiha of Te Uriwha; Rawiri on behalf of N' Koroke and N' Karaua; Tupeka was on behalf of N' Tangata, Te Wikiriwhi on behalf of N' Taharua; Karaitiana Kihau on behalf of N' Rangitaua; Te Keepa Raharuhi on behalf of N' Koi, also for N' Tokanui; Pineaha Te Wharekowhai was for N' Mataku; Haora Tareranui, Hirawa Te Moananui, Tinipoaka of N' Tawhaki were present at the same time; and N' Poro were represented. Tukukino was asked to lay down his in his boundary, to which he did not agree. After a great deal of difficulty he left it for Tupeka to settle. Tupeka then laid down his boundary from Waimana to Waitekauri. I then took a ruler and drew a line from Waimana to Waitekauri, to which Tukukino objected. After a long discussion the line was left for Paraone Te Maupu of N' Hako to settle. Te Wikiriwhi and Te Rihitoto were amongst the disputants over this line. After they had come to some mutual agreement, the line was defaced and another line drawn, which was agreed to by Tupeka and Tukukino. They then proceeded to fix the line from Waitekauri in a westerly direction, which was finally agreed on to Kapukapu. When the line was finally fixed it was clearly defined that Tukukino's portion was to be northward of this line. There were no objections by other chiefs to Tukukino's piece. The reason why there was nothing said about this piece at the time the others were being laid off was because that portion was to be withheld from hearing. During the conversation we had about this piece, Tukukino made frequent reference to the ancestor under whom he claimed the land. The whole of the people who were at the meeting heard this. Taiuru was the name of the ancestor, that is why I wrote the name of Ngati Taiuru on the plan. ... We then proceeded to define the other boundaries, which were all finished during the day.36

33 Hauraki Minute Book 16 pages 323-324. Supporting Papers #J22.6–7.

34 Hamilton Maori Land plan 3416. Supporting Papers #N123.

35 Hauraki Minute Book 12 pages 346–347. Supporting Papers #J18.56–57.

36 Hauraki Minute Book 16 pages 324–327. Supporting Papers #J22.7–10.

11

Ohinemuri District: Ohinemuri

subdivision should the block be divided on, with the numbers not dealt with. The whole of the Block should be acquired if possible.39

Wilkinson's next report was ten days after the previous one.

One of the larger subdivisions40 of the Ohinemuri Goldfields Block containing over 50,000 acres has passed the Court with 90 Grantees. A number of the names sent in were arranged by the Natives so as to defraud the Government, but by cross-examination I got a number of these struck out and also got others inscribed who had been previously removed because they had sold out to the Government. The final result is that out of 90 names sent in, 57 have already signed the deed of cession, which completely disposes of their claim. Of the 33 others, 5 have previously taken money from Mackay on account of purchase, but have not signed the deed, so that the area to be allotted to them will be considerably reduced if not swallowed up altogether. The balance of 28 who have as yet had nothing, now that judgement has been given, I will try and buy out as soon as I can, fixing the price at 5/- per acre, but I expect I shall have to give more than that in order to get them to sign. Evidence has also been taken in two other large blocks adjoining, but judgement is deferred until some disputed boundaries are settled, which will be done in a few days. Considering the many difficulties in the way, I think matters are satisfactory for Government so far. 41

In early July 1880 Wilkinson sent a fuller report.

Since sending my last telegram the Court has been more or less occupied with the different subdivisions of the Gold Field, but an adjournment had to take place a few days ago on account of the death of a chief of influence belonging to the Kiriwera tribe, over whose remains there has been great crying. The Court will open tomorrow morning for a short time in order to give judgement in three blocks, concerning which evidence has been taken during the last three weeks, when it will again adjourn and not proceed with regular business until Monday morning, and it is to be hoped it will then continue on without any further interruption.

The Court has now been sitting for nearly six weeks, which time has been principally taken up in hearing the Gold Fields Block, and judgements have now been given over 12 different sections, names of owners for which have been handed into Court, and number from about 20 in some Orders of Court to 90 in others. In each of these different Orders, I find on looking carefully through them, that the amount which can be claimed by the Crown considerably preponderates, over what interests are held by Native who have not yet sold, in some cases as much as five-eighths, some three-fourths, and others two-thirds, and in no case less than half; there are, however, several blocks yet to be heard, and I have thought it advisable not to do anything yet in Court with the Government claims, until the question of Native title over the whole block is settled. I have talked this matter over with the Judge, and he is of my opinion, viz. that it would be prejudicial to the Government to have its claims brought on too soon, as the natives would be very sore when they found out how much of the block would go into the Crown's hands. Considering how they have been all along trying to baulk the Government as much as possible, they would be sure to raise some excuse or obstruction to prevent the remaining portions of the block from going through the Court. Then there is the general question of reserves, which could not be well gone into piecemeal but only as a whole.

My great trouble is, however, that the Court cannot sit here more than a fortnight or three weeks longer at most, on account of Judge Munro having to go north to attend a sitting of the Court at Kaihu; that would cause the Court here to break up before having finished, in fact it is likely that Native title over the whole of the Ohinemuri Gold Field would hardly be finished by that time, and if it were there certainly would not be time to go into the title of the Crown. I think it is a

39 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 21 June 1880. Maori Affairs Head Office file MLP 1881/246. Suppoting Papers #B36.54.

40 Wilkinson is probably referring to Ohinemuri 10, decided on 23 June 1880, with 94 owners.

41 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 26 June 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.55–57.

13

Ohinemuri District: Ohinemuri

matter longer by trying to buy more of them out before bringing the Crown's claim on in Court. I would suggest that I go on with the Crown's claim at once, and get it cut off from land owned by Natives. There is nothing to hinder me buying the others out afterwards if the Proclamation is not removed from the District. The great trouble will be about reserves, but I hope to pull through all right. Let me know at once if you wish any particular line of action taken.43

The reply was a firming up of the previous month's change of policy.

Do not at the present sitting of the Court attempt to define Her Majesty's interests in the Ohinemuri Gold Fields Block. After Orders have been made, give your attention to the purchasing of as many unsold shares as possible. The Crown's interest in the land can be decided afterwards.44

Wilkinson replied on receiving these instructions that

I expect to return to Ohinemuri on Monday morning and will carry out your instructions. I have already commenced to buy out owners who have gone into Orders of Court. My plan at present is to find out into how many Orders of Court the nature of the person wishing to sell has been inserted, even add together the number of acres represented by his interest in each block, and pay him at the rate of 5/- per acre on the whole, it being also understood that he is to have an interest in the reserves that will hereafter be given to the Natives out of the block.45

Near the end of July 1880 the Court concluded its investigations into the title to the

Ohinemuri Block. It had heard extensive evidence before making a number of awards.46

19 subdivisions of Ohinemuri, and a further five subdivisions taking the Owharoa block name,
had been awarded (see separate sections of this evidence for each subdivision). In addition
a
Mataora block had been awarded to Ngati Porou.

Wilkinson then reported that

The Court here is now closed, and the Government claim to Goldfield stands adjourned to a future sitting. The Natives objected at first, and remarked that they had been entrapped into putting their land through the Court on the supposition that the Crown's title was to be defined. I managed however after a lot of talk to explain the matter to them, and they appear now to be satisfied. Will you let me know at once whether the Orders of Court are to be made and signed in favour of those Natives who the Court has found entitled to the different blocks, or whether they should stand in abeyance until the Government title is heard. I am anxious that the Government title should not be prejudiced in any way, and it appears to me that the purchases made by the Government previous to sitting of present Court may be affected if these Orders of Court are made and issued. The 107th Section of Native Lands Act only apply to transactions entered into previous to passing of that Act and would not cover the Ohinemuri purchase. The 6th Section of the Native Land Act Amendment Act 1877 appears to apply to lands that have previously passed Court and the ownership determined, hence my impression that the making of these Orders should not take place until the Crown's claim is heard. A native Order should only be made for the Natives for what is left after the Crown's portion is cut off. I have not got all the acts with me, and may perhaps have overlooked something, therefore wish to have your opinion at once, on receipt of which I will communicate with Judge Munro who has agreed to my request to let the matter stand over until I hear from you.47

43 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 21 July 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.66–68.

44 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 23 July 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.69.

45 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 24 July 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.70–71.

46 Hauraki Minute Book 12 pages 346–381, and Hauraki Minute Book 13 pages 1–234 and 270–276.

47 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 28 July 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.72–74.

15

Ohinemuri District: Ohinemuri

failure after the Court sitting to pay further monies to those who had been awarded interests which were greater than the amount of the advances they had earlier received.

(i) Piahana Honana

In August 1880 Piahana Honana and 24 others petitioned the Premier.

We appeal to you to consider the position of the people who sold the Goldfield to the Government, some of whom received a very small sum of money and others a very large sum; and by the judgement of the Court it was found that the interests of the persons who received the lesser amounts were equal to those who received the larger.

Now what is to be done in the case of the persons whom the Court has found to have such a claim to the Ohinemuri Goldfields, inasmuch as some of them have received such small amounts. It is owing to this being the case that we appeal to the Parliament of this island.

In our opinion the area to which each of the persons interested is entitled by the judgement of the Court should be ascertained, and if it is found that they have not received the amount due then it should be paid to them either in money or land at their option.54

Wilkinson was asked to report on the petition. He replied that

The statement made herein, to the effect that after the Ohinemuri Gold Fields Block had passed the Native Lands Court it was found that the interests of some who had only had small amounts of money were equal in area to the interests of those who had received large sums, is quite correct. But unfortunately for the Natives who got this petition up, they did not leave it to be signed by those only who had had but small sums of money and whose area in land was large. In fact the petition seems to have been got up more for the benefit of those who have already had more than they were entitled to, and are making use of the grievance of the few to further their own cases.

I have annexed to this a Schedule which shows the area allotted to each of the petitioners by the Native Lands Court, and also the amount of money that each one has had, in order that you may see that only a very few of those who signed this petition had any cause to complain. But instead off asking for more, they ought rather to be continually in dread lest the Government should take steps to make them refund some of the money they have had over and above the real value of their interests.

I notice amongst the names that of a Mr Mahony, who is a publican at Ohinemuri. As that gentleman was not awarded any interest in the Ohinemuri block, I am at a loss to understand why his name should be attached to the petition, unless it be that as he most likely participated indirectly in former payments, he like the Natives is anxious to have the whole thing come over again.

As I have stated before, there are some cases which might warrant the sending of a petition for relief. But I cannot say that they are included in the accompanying petition, therefore I am not able to report favourably upon it, and I think I need not give any other reasons than by drawing attention to the Schedule annexed which speaks for itself.55

The schedule showed that, at a rate of 5/- per acre, 7 of the 24 petitioners had been paid less than the worth of their interests, 13 had been paid more than the worth of their interests, I had been paid the right amount, and 3 had neither been awarded an interest in the blocks nor received any payments from the Crown.

54 Piahana Honana and 24 others to Premier, undated. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.81–86.

55 Land Purchase Officer Thames to Under Secretary Native Department, 25 September 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.87–89.

17

Ohinemuri District: Ohinemuri

before the same was brought before the Native Lands Court and subdivided in the way it has since been; that the deed was interpreted to them and they signed it in the presence of an Interpreter (myself) and a Justice of the Peace or other person duly qualified; and that at the time each one received his money he signed a voucher for 'payment in full'; that the sale was a bona fide one and was intended at that time to mean the transferring of all their claims within the whole block to Government; it being understood that their names were to be included in the Crown Grants for any reserves that might hereafter be set apart for their different tribes.

There are several other cases of this sort in which natives who had previously sold out all their interest have since been able to prove in the Land Court that the area they were entitled to is larger than would be covered by the amount already paid to them (calculating the price per acre at 5/-). But I have in all cases up to the present time told them that there was no help for it, that the original sale was a genuine one and must be accepted as such, and instanced the fact that many have through selling out on or about that time received more money than their interests have since been proved to be worth.

If it is the intention of Hon Native Minister to order a further payment to be made to these people for the purpose of covering the deficiency between what they originally sold for and what they would now have to get had they postponed selling unto the present time, a much larger sum will be required to complete the purchase of the Ohinemuri Block than the amount estimated by myself and shown in my monthly progress reports.

The case of one of the applicants (Apera Tawahinga) is one that I might call of 'base ingratitude', for it was his own proposal that I should buy him out before the block came before the Court, and as I knew enough of the old man's history to satisfy me that he had a good claim

I paid him £30, he having already had Lao from Mr Mackay. Judge if my surprise when, during the hearing of his block in Court, he (prompted I have no doubt by other relations) stood up and swore that he was an illegitimate child, and that he had no claim whatever upon any portion of the Ohinemuri block Upon cross-examination, however, he broke down and, as the old man would not give his own genealogical table, I fortunately was able to give it for him, and prove to the Court that he was properly descended from the ancestor who originally owned the land. He admitted that he had had the money, but tried to persuade the Court that he had no title to the land, and his last expression after about 3/4 hour cross-examination by myself was 'I may be a liar, but I am not a rogue and won't deny having had the money'. The judge at once told him that there was no necessity for him to admit that he was a liar, as the Court was satisfied that he was both a liar and a rogue, and would therefore order his name to be entered up as one of the owners of that block (Ohinemuri 1), so that in spite of himself he was proved to be a large landowner. His now claiming the balance of the purchase money is to say the least of it a proof that he tries to take advantage of every circumstance.

I have gone into this matter thus fully in order that you may be supplied with all the facts regarding these claims, and as there are others that will most likely be sent to you upon the same subject. But I am glad to say that there are only one or two that will require such severe strictures upon them as does that of Apera Tawahinga. The others have a more genuine appearance, especially when looked at from a Maori point of view.59

Despite this, he was instructed to settle with them,60 indicating that the Crown attitude was to make further payments to those who were underpaid, and seek further lands or refunds from those who were overpaid.

59 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 12 October 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.99–101.

60 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 1 November 1880, on cover sheet to file NO 1880/3667. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.102.

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Ohinemuri District: Ohinemuri

that she has received for her interest is the £4 referred to in her letter; that she did not receive directly or indirectly, or participate in any way in some of the large payments that were made by Mr James Mackay to certain members of the Ngatikoi tribe (to which this woman partly belongs), such payments in most cases not being made in cash but (as stated by the claimant) were debts that had been incurred by these people with storekeepers and at public houses, and which were afterwards liquidated by Mr Mackay and charged against the Gold Field, and in nearly all cases these debts were entirely personal matters and belonged exclusively to those Natives who contracted them; that for enquiries made I find that this woman from her abstemious habits and frugal way of living is not likely to have had any share in incurring these debts, neither can I find out from enquiry of others that she was in any way connected with them or with any previous money payments that have been made to some of her people in the Ohinemuri Block. I have therefore to report that I consider her claim for further payment to be a good one and worthy of consideration. On my asking her as to what sum she now claimed as a further payment, she replied that the law having fixed the quantity of acres that she was entitled to, that she should now receive payment for the same according to law, meaning that she should get the balance of money due on her shares at the rate of 5/- per acre after deducting the £4 already had.

I may state, as I believe I have already stated in previous letters and memos) that although a good many fictitious claims are being made for further payment on this Ohinemuri Block, there are to my knowledge a few claims that are, with this one, equally worthy of consideration.65

At the end of March 1881 Wilkinson was apparently instructed to reach a final settlement with Merea Wikiriwhi, as he telegraphed that

Have seen the woman Merea Wikiriwhi about a final settlement of her claim over the Gold Field, and she is willing to accept £60. The total value of her interests is £78–12–6d, and she had £2 [sic] when she signed the deed.66

But he was told in reply that

Merea Wikiriwhi's claim should be settled. £50 is a fair sum to give her, and you may pay her this taking receipt in full settlement of her claim over lands.67

(v) Ngati Koroke

In September 1880 a Thames solicitor acting for the Ngati Koroke hapu asked for a statement of receipts and expenditure connected with the Crown purchase of those Ohinemuri blocks which had been awarded to them.

Mr GT Wilkinson, Native Agent here, is endeavouring to come to a settlement with these Natives and to negotiate the sale of their interest in the Goldfields, but the Natives repudiate any liability with regard to the advance of £16,000 on the field, on the ground that their hapu never received any portion of the advance or in any way derived any benefit therefrom, and they strongly object to any deductions being made from monies payable to them to liquidate this advance of £16,000. Besides which the Natives do not know on what principle Mr Wilkinson comes to offer them the sum he does. By furnishing [me] with the statement asked for together with information as to what advances have been made, and on what account they have been received, and by whom, I shall feel obliged, and as the Natives will not do anything without my

65 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 3 February 1881. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.109–110.

66 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 28 March 1881. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.III.

67 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 30 March 1881. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.112.

21

Ohinemuri District: Ohinemuri

Next, there is an agreement from the principal owner of the Block, one Hoani Mataia (who died in February 1873) to sell the same to Mr Mitchell, but as this agreement does not bear any date I am unable to say what its proper value or significance may be, but as Hoani Mataia died in 1873 it is reasonable to suppose that this agreement was entered into some time before his death, say 1872 or 1871.

The next is a document dated 24th October 1874 which is signed by Mataia (the above mentioned Hoani Mataia's father) and a considerable number of other Natives, and which is an agreement to sell the block Puru-o-te-Rangi to Mr Mitchell. None of these agreements referred to are registered, they being all made previous to the land passing the Native Lands Court.

There is no doubt in my mind that the Natives in signing this document intended to convey the Puru-o-te-Rangi block to Mr Mitchell, but this was in August 1874 and subsequent to the first notification by the Government of its intention to purchase the Ohinemuri Gold Field, such notification would therefore bar Mr Mitchell from completing the purchase inasfar as any portion within the Gold Field boundary line is concerned.

The previous documents to this, viz 'Bailey to Mitchell' in 1871 and 'Hoani Mataia to Mitchell' are the only other papers that Mr Mitchell has to base his claim (which I believe to be a genuine one) with the exception of items of account for stores etc in his day book But Mr M. has been in bona-fide occupation of this block since 1871 since he bought Bailey out, and he also states that he was engaged cutting timber for fencing on the Ruakerikeri block some time during 1871. Mr M. also states that it was understood between himself, Mr Mackay (on behalf of the Government) and the Natives at the time the Gold Field boundary line was fixed, that the fixing of such line was not to prejudice his (Mr M's) title to the land he had bought, and, from enquiries I have made from one or two natives regarding this matter, I believe Mr Mitchell's statement to be correct. Mr M. himself paid for the survey of these blocks, and was at considerable expense in putting them through the Court, but he found on these blocks coming before the Court that only such portions that were outside the Gold Fields line could be adjudicated upon. Judgement was given concerning the portion of these lands outside the Gold Fields line in June 1877, and Mr Mitchell then made his title a legal one over that portion of those blocks by getting the Natives who had been found owners by the Court to sign his deed of conveyance, but he was debarred from getting a legal title to the portion within the Gold Field, as the Court would not adjudicate upon it.

In the meantime, Messrs Michael and John Hennelly, and Patrick O'Neil had taken up in agricultural leases of 50 acres each (under Goldfields Act 1866) portions of the land which Mr Mitchell claimed to be his by purchase from the Natives, and in order still to retain possession of the same, Mr Mitchell says he had to buy these people out at a cost exceeding £100, and has to continue paying to the Government a yearly rent of £2–10–0d for each section. Mr Mitchell is therefore it appears in legal possession of the whole of the Block, but such possession has only been obtained, and can only be retained, by the above mentioned means.

Mr Mitchell's agreements from the Natives show the boundaries in writing, and from this he caused a survey to be made, one of the principal owners (Hopihona) accompanying the surveyor on the ground to point out the boundaries.

The names of the blocks claimed by Mr Mitchell are Ruakerikeri (which includes Te Huruhuru) and Te Puru-o-te-Rangi No 2.

On my enquiring from Mr Mitchell as to what rights are that he claims, he stated that he claims the rights of a purchaser prior to the Government having negotiated the sale of the lands, and stated that he was in bona fide occupation of these blocks in June 1871 and has been ever since. He also stated that verbal promises regarding his being allowed to complete his title to these blocks were made to him, both by Dr Pollen and Mr James Mackay, and he further states that in 1873, whilst Mr Ormond was Native Minister, a promise was made in the House to respect his right, which promise (Mr M. says) appears in the Hansard of the House of Assembly and refers to his particular case.

23

Ohinemuri District: Ohinemuri

Tahana will remember to give effect to the words of the Apostle so freely quoted by one of them. But, knowing what I do of the two men, I must say that I very much doubt whether they will do

so.76

In November 1880 Te Tahana Potiki of Otautu wrote to the Native Minister.

I have a word for you concerning the shares of Ngamane Honana and his younger brother in the Ohinemuri Goldfields. I ask you to pay the money due to them, they are orphans. Do you show them consideration and deal generously with me their guardian. I am an old man and unable to maintain them. Friend, pay them their money so that they may be provided with food, clothes, and lodging. Be charitable to the orphans, you are the parent of the Maoris. Whether you grant my request or not, please write to me. If these children were of age and able to earn their own living, they probably would not take the money, but as it is they ask to be maintained.77

Wilkinson was asked to see Te Tatana and inform him that the money could only be paid to duly authorised trustees. Wilkinson replied that he had written to Te Tatana rather than seen him, as he "lives some distance beyond Coromandel and does not often come here".78

A similar request was sent by Pehimana Potiki, also of Otautu.

This is a word of mine to you regarding the shares of my grandchild in the Ohinemuri Goldfields (Thames Goldfield). I desire if you approve that her money should be paid to me, because my grandchild, whose name is Taukiri, is unfortunately situated. Her mother is dead and her father, a half caste, does not support her. I am a widower and unable to provide for her, therefore it is that I ask you that her money may be paid for her maintenance while she is growing up.79

Wilkinson reported at the end of December 1880 to Wellington on the work he was doing. He had drawn up a schedule of minors and proposed trustees, adding that

I have not suggested the name of any European to act as co-trustee with the Natives for the above mentioned shares (except in two cases which are exceptional) as I do not know of any European in the Ohinemuri District who has the confidence of such a number of Natives sufficiently to cause him to be appointed as co-trustee with them, and, as I understand that after the trustees are appointed it is the intention of the Government to acquire these shares by purchase, it appears to me that to have any European concerned in the matter as co-trustee will rather hinder than otherwise the acquisition of these shares by the Government. If however you still wish that a European should be associated with the Native trustees in every case, I will endeavour to find one who will be suitable, but I do not think the appointment of anyone would be looked upon with satisfaction by the Natives.

You will notice by reference to the Schedule that there are 56 minors, representing in all 114 shares, the most of which can be bought as soon as the appointment of trustees has been gazetted and the sales sanctioned by a Judge of the Native Lands Court in the usual way.80

76 Land Purchase Officer Thames to Registrar Native Land Court Auckland, 28 October 1880. Maori Land Court Hamilton Correspondence file H883. Suppoprting Papers #L5.7.

77 Te Tahana Potiki, Otautu, to Native Minister, 12 November 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.125–127.

78 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 15 January 1881, on cover sheet to file NO 1880/4085. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.128.

79 Pehimana Potiki, Otautu, to Native Minister, 14 November 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.129–132.

80 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 28 December 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.133–40.

Wilkinson provided two further schedules of additional names of minors, the first of 5 minors in February 1881, and the second with one minor in April 1881. Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 7 February 1881, and 20 April 1881. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.41–42 and 47–48.

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Ohinemuri District: Ohinemuri

Should the Chief Judge consent to the proposed sales, I would be glad if he would be so good as to say whether a trustee has any discretion [or] any powers, where the proceeds of sale are of small amount, viz. whether he can, having due regard to the duties of his trust, pay over to the minor, or on the minor's behalf to any other person, any money other than the interest of proceeds of sale invested in Government securities. Section 5 Maori Real Estate Management Act 1877 seems to be imperative.88

Before the Chief Judge would consider the matter, the opinion of a valuer (referred to at this time as a valuator) was obtained. The valuer reported that

The trustees propose to sell for five shillings (5/-) an acre, and this I consider a very fair price for land of that class. It is the full market value.89

(viii) Huhana Kahumangomango (Susannah Sorenson)

In October 1880 Susannah Sorenson approached Wilkinson about getting the area she had been awarded by the Court surveyed and allocated to her. She also raised the matter of a promise made to her by Sheehan when Native Minister to grant her so acres of land at Ohinemuri. Wilkinson forwarded the request to Wellington.

I have the honour to forward herewith a letter from Susannah Sorenson (nee Robinson), a half caste of Ohinemuri, whose name has been inserted in the Orders of the Court as Huhana Kahumangomango for block numbers 2, 7 and 8 of the subdivisions of Ohinemuri Gold Fields, asking that her portion of the Gold Field be surveyed as soon as convenient in order that she may take possession of and occupy the same.

I may state for your information that the portion referred to by Mrs Sorenson is a block of 50 acres promised to her by Mr Sheehan when Native Minister, on the recommendation of Mr James Mackay, in commutation of all her claims over and within the Ohinemuri Gold Field.

This promise was made before the block had passed the Native Lands Court, but it was understood that Mrs Sorenson had certain claims therein which were intended to be covered by this reserve.

During the investigation of the Ohinemuri Block by the Native Land Court, Mrs Sorenson proved her title to portions of the above mentioned block, the number of acres owned by her through her individual shares being altogether 1551/2 1/2 acres, which she now agrees to give up to the Government on condition of their securing to her the 50 acre reserve promised by the late Native Minister.

It may perhaps require explanation as to why Mrs Sorenson should prefer 50 acres promised to her by Mr Sheehan, when she has 1551/2 acres in her own right within the block, but were she to elect to take her own acres, she would possibly have to take them in three different portions of the whole Gold Fields Block, and also stand the chance of getting them on the summit of a hill or in the middle of a swamp, which would be utterly useless for herself and family to settle upon. She therefore prefers the 50 acres of land that she can cultivate, to a larger area that might be useless other than for mining purposes.

Upon it being finally settled that she is to get the reserve promised her, she has agreed to sign the Ohinemuri Gold Fields deed of conveyance, which will make over without any monetary consideration all her right title and interest in the whole block to the Crown.90

88 EW Puckey to Registrar Native Land Court Auckland, 22 April 1884 on Land Purchase Officer Thames to EW Puckey, Auckland, 20 April 1881. Maori Land Court Hamilton Correspondence file H883. Supporting Papers #L5.8–10.

89 HE Williams, Auckland, to Chief Clerk Native Land Court Auckland, 11 May 1881. Maori Land Court Hamilton Correspondence file H883. Supporting Papers #L5.11.

90 Native Agent Thames to Under Secretary Native Department, 15 October 1880. Maori Affairs Head Office file MLP 1880/777. Supporting Papers #B32.8–13.

27

Ohinemuri District: Ohinemuri

(ix) Ripeka Parehuia and Raiha Whakarua

In June 1881 Ripeka Parehuia and Raiha Whakaraua asked that the balance of the money due to them for purchase of their interests be paid.

The Native Land Court gave judgement in our favour for 341½ acres of land. Now, selling this land at 5/- per acre, the total amount would be £85–7–6d. We have received £20 leaving a balance of £65–7–6d. It is for the last amount we pray for your favourable consideration.98

Wilkinson reported on their request that

The correct particulars connected with this claim are as follows:

The area within the Ohinemuri Block to which Ripeka Parehuia, alias Ripeka Taha Kirini, is entitled is in Ohinemuri No 10 block 4½ acres, in Ohinemuri No 17 block 168½ acres, total 173 acres, worth (at 5/- per acre) £43–5–0d. The amount of money had by her is £10 on the 20th September 1878.

The area to which the other clamant Ruiha Whakaraua, alias Ruiha Kemara (sister of Ripeka Parehuia) is entitled to is 168½ acres in the Ohinemuri No 17 block, worth £42–2–6d. This woman had £20 on 24th June 1873 and another Lao on 20th September 1878, a voucher for which is signed by herself and husband Te Kemara Tiraruahine, the half of which amount is fairly chargeable to her, making altogether £30 had by her since the commencement. It is fair however to her to state that the payment of the first £20 was previous to the opening of the Ohinemuri Goldfield in 1875, and was in all probability included in the £15,000 debt that was charged at that time against the Ohinemuri Block, and in liquidation of which the Government, since March 1875 to the present time, have been drawing Miners Rights and other fees which, were it nor for that debt would be payable to the Natives. From my own personal knowledge a great many of the large amounts now standing in my Land Purchase Ledger as still payable by Natives should in many cases be wholly or partially accounted for in the before mentioned £15,000, but unfortunately there is nothing in my books to show (nor am I aware that Mr Mackay ever supplied any data to my predecessors) as to which portion of those monies had by Natives were met by having those portions transferred to the £15,000 charged against the Goldfield. I remember Mr Mackay had a meeting with the Natives at Ohinemuri about this matter, and after going into amounts a satisfactory arrangement was apparently come to concerning it, and each Native was supplied with a slip of paper by Mr Mackay showing the amount of his previous liability and also the amount of same after the question of accounts had been gone into. I think it will be found that when the final settlement of this Ohinemuri question comes before the Court, that the Natives will bring this matter up and it will require explanation.

These claims, more especially that of Ripeka Te Parehuia, may be considered as amongst those referred to by me in the last paragraph of my letter to you on 3rd February last ... , having reference to the claim of one Merea Wikiriwhi. It should however be borne in mind that in the case of the woman Ruiha Whakaraua that her husband Te Kemara Tiraruahine was paid by Mr Mackay the large sum of £314–16–od on Ohinemuri, whereas his interest within the whole of that block was only 168½ acres (worth £42–2–6d), and it is most likely that although this money was signed for and charged only to Te Kemara that his wife participated to a great interest in it.99

Wilkinson was instructed to tell Parehuia and Raiha that "the matter will be carefully inquired into the next time the N.L. Court will sit at Ohinemuri."100

98 Ripeka Parehuia and Raiha Whakaraua, Paeroa, to Native Minister, 6 June 1881. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.155–257.

99 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 8 July 1881. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.158–159.

100 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 18 July 1881. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.160.

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Ohinemuri District: Ohinemuri

As this minor inherited his two shares from his father alone (his mother belonging to another tribe), I would ask whether you think it would be advisable to allow the matter to stand over until the Ohinemuri case comes on again in the Native Land Court in order to see whether it could not be proved to the satisfaction of the Court that, as this child inherits his father's lands, so also should he inherit the debts which his parent had saddled them with during his lifetime, or whether the purchase should be proceeded with at once and the whole of the purchase money for these two interests paid over to the Trustees?104

He was told in reply that

You will be good enough to purchase from Pani Paura's trustees the two shares held by them, paying at the same rate per acre that other similar shares have been purchased at.

The money advanced to Pereniki Te Kokako on the Ohinemuri Block is included in the lien of £45,000 over the Goldfields revenue from the land, and should not therefore be treated as a charge on the present sale. The payments made on the Waihou blocks cannot be allocated to the Ohinemuri land unless at the personal request of the Grantee.105

Provision of Reserves

In April 1881 the Under Secretary of the Native Land Purchase Department advised the Native Minister that

When last in Auckland Mr Wilkinson mentioned to me that the question of Reserves set apart or promised by Mr Mackay out of the Ohinemuri Goldfield Block in 1878 must soon be decided. These promises were not on record at Wellington, nor had I ever heard of them before. I requested Mr Wilkinson to send to Wellington copies of all papers having any promise of land made by Mr Mackay he had in his office. The attached are the papers sent. The matter is a very extraordinary one hidden since 1878. If any value is to be placed on these promises and land is to be given up as Reserves, the matter only can be settled when it is known what part of Goldfield Block the Crown will be able to obtain a title to. This cannot be known till a Native Land Court sits at Ohinemuri.106

The papers contained a number of lists of proposed reserves.107 Each list is different, and

none is dated, so it is not possible to accurately determine the total amount of reserves promised by Mackay.

In March 1881 Wi Koka Unahi and Tupeka Te Whakamau wrote to the Native Minister about the promise of a reserve.

Mr Mackay was the person who negotiated for this land, and he promised to make reserves for us. The number of acres he promised to have reserved was 1000 acres for the Ngatitangata and 1000 for the Ngatikoroke, making in all 2000 acres. We therefore wish you to have the reserves set apart at once, lest complications should arise, as Pakehas are mining for gold on the block in which we ask to have the reserves made.108

104 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 24 February 1882. Maori Affairs Head Office file NO 1882/1284. Suppoting Papers #C3.22–23.

105 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 9 March 1882,

attached to cover sheet to file NLP 1882/63. Maori Affairs Head Office file NO 1882/1284.

Supporting Papers #C3.24.

106 Under Secretary Native Land Purchase Department to Native Minister, date not known, on cover sheet to file NLP 1881/42. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.161.

107 Papers on Reserves, sent by Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 22 March 1881 and 21 June 1881. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.162–166 and 179–184.

108 Wi Koka Unahi and Tupeka Te Whakamau, Houmanga, to Native Minister, 22 March 1881. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.167–169.

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Ohinemuri District: Ohinemuri

agree and are able to do so, in all probability the Government would have no objection, but I think it will be necessary to show first that the chiefs are willing to carry out their agreement before the Government is asked to act in the matter.112

In September 1881 Wilkinson reported on a petition presented to the House of Represen-

tatives by Hirawa Te Moananui and others. This petition sought the payment of miners' rights and timber cutting fees.113 The Native Affairs Committee had reported that

This transaction is still in progress and is being dealt with as quickly as signatures are received to a deed of cession. The Government is recommended to acquaint the petitioners with the actual condition of the case, and settle the business as expeditiously as possible, as there seems to be considerable misapprehension in the minds of the Natives concerned.114

Wilkinson explained, following the Committee's report, that

The questions raised by the Petitioners represent the principal difficulties that have to be met in connection with the settlement of the Ohinemuri Gold Field purchase.

According to an agreement made in February 1875, during the visit of the late Sir Donald McLean to Ohinemuri, it was then agreed that, instead of the purchase of the freehold of the Ohinemuri Block being proceeded with, a lease for Gold Mining purposes should be substituted in its place, and the said Lease saddled with a debt of £15,000, which sum had been advanced up to that date to Natives for purchase of the freehold. It was agreed that all Miners' Right fees, rents etc, should go to the Crown until such time as said £15,000 had been paid, after which all the Revenue would go to the Native owners.

During the period since the opening of the field to the 31st August [1881], the sum of £4,317–0–0d has been received from the sources above-named. During the time above referred to, the larger number of the owners have sold out their right, title and interest to the Crown, most of them signing the deed and taking final payments before they had proved their ownership to the Block in the Native Land Court. On some cases it was discovered that, through selling before the Block was adjudicated upon by the Court, a large number had sold out for much less than their shares would now fetch at the rate of 5/- per acre (Government price); in other cases, and they also are numerous, it was found that those who were known to be large owners, and to whom large advances had been made by Mr Mackay, were discovered to have had much more - in some cases five and even ten times more—than the areas to which they have been adjudged by Court is worth. Those who were short paid (that is if they had waited until the land passed the Court before they sold) are now clamouring for more, whilst those who have had too much dispute many of the items charged against them by Mr Mackay, in some cases going so far as to say that they never had some of the amounts charged against them, and others saying that some of the amounts charged against Ohinemuri Block were had on account of other blocks, the transactions concerning which have long been closed. Be that as it may (and Mr Mackay is the only person who can properly set the matter right by meeting the Natives in Court and proving their statements to be false), they all appear to think that they have a right to benefit by the refund £4317–0–0d money received by Government as Native Revenue. But they do not take into account that each one that has signed the deed has been properly bought out according to a satisfactory arrangement come to at that time between him or herself and the Land Purchase Agent, and that in no case have any of them signed without getting a money equivalent, so that if they now refer back to the money received by the Government in liquidation of the previous £15,000–0–0d debts and demand that the £4317–0–0d be distributed proportionally amongst

112 Native Agent Thames to Native Minister, 6 April 1881. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.177–178.

113 Petition of Hirawa Te Moananui and 69 others, 15 July 1881. Maori Affairs Head Office file NO 1882/1284. Supporting Papers #c3.4–5.

114 Report of Native Affairs Committee on Petition 250/1881, 24 August 1881. Maori Affairs Head Office file NO 1882/1284. Supporting Papers #C3.6.

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Ohinemuri District: Ohinemuri

There can be no doubt that a sitting of the Native Lands Court to settle the title to the goldfield block at Ohinemuri is urgently required, recent discoveries of gold at Waihi and elsewhere on the block by making the land valuable will render the settlement more difficult the longer it is delayed. There is also always a possibility of a collision between the natives and miners, as long as the rights in the land of the former remain undefined.117

Wilkinson was also urging a sitting of the Court at this time.

In consequence of the considerable increase of mining that has taken place within the Ohinemuri Gold Field during the last six months, I think it is advisable that a Native Land Court should sit in that District as soon as possible, in order to deal with the promises made by Mr James Mackay to Natives for Reserves out of the Ohinemuri gold field block.

The location of these Reserves has not yet been settled, and complications are already commencing to crop up; in one case lately, certain Natives forcibly obstructed a contractor from cutting timber in the Waitete Bush, notwithstanding the fact that he had authority from the Warden of Gold Fields, and had paid the usual price for each kauri tree into the Warden's Office.

This matter was brought up at the Resident Magistrate's Court at Ohinemuri, and the Natives complained of injustice at the hands of the Government, on account of these Reserves not being fixed, and requested both the Resident Magistrate and myself to press upon the government the necessity of ordering a sitting of Court to deal with these matters as soon as possible, pending which they promised to abstain from any further obstructions.118

In December 1881 the Under Secretary to the Native Land Purchase Department was in Thames. He was approached about the promise of reserves made by Mackay.

I informed him that such Reserves that the Government had promised would be set apart immediately the Government obtained the fee simple to the land; at present the purchase of the Block was incomplete.119

The Court still had in its records an application by the Native Minister for definition of the Crown's interest made in April 1878. This application was advertised and adjoumed.120

It is possible that a fresh application was made to the Native Land Court during 1881 to have the Crown's interest in the block determined.121

It was then arranged that the application be re-advertised for a Court at Ohinemuri beginning in May 1882. In requesting this timing, the Under Secretary of the Native Land Purchase Department added that

Should there not be a Judge of the Court available for the sitting at Ohinemuri, Mr Bryce will be obliged by your requesting Captain Heale to undertake the work.122

Heale was apparently a retired Judge whose commission had not been withdrawn.

117 Mining Warden Thames to Minister of Mines, 3 November 1881. Maori Land Court Hamilton Correspondence file H883. Supporting Papers #L5.12–13.

118 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 5 November 1881. Maori Affairs Head Office file NO 1882/1284. Supporting Papers #C3.13–14.

119 File note by Under Secretary Native Land Purchase Department, 21 December 1881, on cover sheet to file NLP 1881/491. Maori Affairs Head Office file NO 1882/1284. Supporting Papers #03.15.

120 Registrar Native Land Court Auckland to Under Secretary Native Land Purchase Department, 11 March 1882, on Telegram Under Secretary Native Land Purchase Department to Registrar Native Land Court Auckland, to March 1882. Maori Land Court Hamilton Correspondence file H883.

Supporting Papers #L5.14.

121 New Zealand Gazette 1881 pages 1139–1140. Supporting Papers #W14.24–25.

122 Under Secretary Native Land Purchase Department to Chief Judge Native Land Court, 29 March 1882. Maori Land Court Hamilton Correspondence file H883. Supporting Papers #L5.15–17.

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Ohinemuri District: Ohinemuri

1st That every effort during the present sitting of the Court should be made to obtain as many signatures to the deed of conveyance as possible.

2nd That as one reason why the remaining grantees will not sign is that 5/- per acre is not value for the land with its Gold fields revenue, that the price per acre be fixed now not to exceed 7/6d per acre.

3rd That the money overpaid the 43 grantees be taken to be expenses in connection with the acquiring of the land.

4th That the sum of L5714–6–0d underpaid to the 150 grantees who signed the conveyance before their shares or interest in the land were known, be paid the balance due to each of them.

5th That the Court be requested then to ascertain what interest Her Majesty may have in the land, and cut out an area proportionate to the interest acquired by purchase, as well as for money advanced to those grantees who now refuse to complete the sale of their interest.

The sum required to complete the title of the whole block as above would be:

If this arrangement can be carried out, Government would secure the whole of the Ohinemuri Gold Field block (passed the Native Land Court), 73,431 acres, at a cost of, including payments to Natives and every incidental expenses, £37,981–18–3d or 10/4d per acre.

Should it not be competent to purchase all the grantees' interest, then the area and money would be reduced at the rate of 7/6d for each acre. In this case, I would recommend that any land cut out of block by the Court and awarded to the Native owners should be made strictly inalienable, as well as being made subject to Gold Field Regulations.

A further matter to be considered is the carrying out of the promises made respecting the several reserves to be set apart for the owners of this land.

The deed of lease dated February 1875 specifies that "Reserves for Native occupation and residence at Waihi and Mataora shall be set aside and proclaimed, and such reserves shall not be subject to the provisions of the Gold Fields Act". The area of these reserves does not appear to have been fixed, this should if possible be done during the during the sitting of the Court at Ohinemuri, and the Court requested to order the names of the people to whom the reserves should be granted. The land to be made inalienable in any way unless with consent of the Governor.

In the deed of conveyance now being signed is the following provision:

"And in consideration of the conveyance heretofore made, Her said Majesty doth hereby covenant and agree with the said Vendors that Her said Majesty or her successors will make good and effectual Grants or Conveyances to the said Vendors, the names of whom are set out in the several schedules hereto numbered [blank space] hereunto annexed of the several pieces or parcels of land being severally parcels of the blocks of land hereby conveyed mentioned in the said schedules, but so that each of such Grants or conveyances shall be to each set of the Vendors jointly as are mentioned in each of such schedules, and shall to each of such sets be of the land only which are mentioned in the same schedule in which the names of such set appears. Provided that in each of such Grants or Conveyances there shall be inserted a provision or condition that the land to be so granted or conveyed as aforesaid shall not be alienated by sale, mortgage, lease or otherwise without the previous consent of the Governor in Council thereto first obtained.

Here again the specific reserves have not been named or the area. This matter is one that the Natives residing on the land are most anxious to have settled. Mr Mackay appears to have

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allocation of Reserves to hapus the names of the members thereof could be specified, it would certainly prevent great future difficulty.126

The Court sitting in June 1882 was lengthy and detailed.127 It involved a painstaking

examination of whether or not each owner in each Ohinemuri and Owharoa subdivision had or had not sold their interest to the Crown, signed the deed and signed a voucher on receipt

of payment. Where the purchase of an interest was disputed, the Under Secretary had to produce the signature on the deed and the relevant payment voucher. Just one example from the minute book will suffice:

Hohepa Kapene. [Sold interest in] No 17 only. Voucher produced, examined by the Court. Said,

I have not sold etc. (Mr Gill produced a voucher for £58, date 21 July 1878, also a voucher for £36 signed by him and others on 17 September 1878.) I signed these vouchers for other lands, Moehau and Waikawau.

By the Court - Both these vouchers state that it was for his interest in the Ohinemuri block. (Deed produced by Mr Gill.) He acknowledges signing it and receiving £12.

Mr Gill produced the ledger showing that he had received £335–15–0d for his interest in Moehau and Waikawau.128

The promises made by Mackay for reserves were also fully canvassed, as was the matter of accounts with storekeepers. In the case of one owner in Ohinemuri 2 a Paeroa storekeeper, Charles Mitchell, gave evidence which sheds light on the Crown's methods of operation.

In the case of the £511 [payment by the Crown to Tupeka Te Whakamau] £500 of that was an advance made by me to Tupeka Te Whakamau, and the payment of which was authorised by Mr McLean, Native Minister. Tupeka assigned to me the kauri forest of the Waitekauri as security. I handed that assignment over by arrangement, with Mr McLean's knowledge, to Mr Mackay, Agent of the Government, and received from him promissory notes for £475 and a counter account of £25. One of these promissory notes still remains unpaid. In the case of the £625, I was also paid by promissory notes, that was for advances made by me to his tribes (Tupeka's) Ngatitangata, Ngati Koroke and Ngatikoi. The whole of these people had the goods to my knowledge, and he was one of the persons recognised by the Government as being the person negotiating the sale of the lands on their behalf. As the £625 was paid by promissory notes also, Mr Mackay has since become insolvent and I with others represent approved loss on these transactions amounting to some little over £20,000. The proved liabilities are in the hands of the trustees' solicitors, Russell and Devore. I made the advances by authority of the Government and was paid by them for so doing. Mr Mackay supplied a printed form of order, filled in to pay CF Mitchell or order, so much, on account of my lands which I agree to sell to the Queen.

I am here to oppose the alienation of this block. (Here Mr Mitchell handed the Court a written copy of the printed form referred to.) I can produce a person who holds £400 worth of these promissory notes. The promissory notes were signed by Natives and were received by me as cash.

The kauri forest referred to by me is now in the Ohinemuri Gold Field Block, but was not at the time that the transaction took place. Of the £511, £150 remains unpaid. I believe the bills making up the £625 were all dishonoured bills. I made no claim on Mr Mackay's insolvent estate. I am

126 Margin and end notes by Native Minister, 26 April 1882, on Under Secretary Native Land Purchase Department to Native Minister, 24 April 1882. Appendix 1 to Statement of the Facts and Circumstances affecting the Ohinemuri Block, prepared for Native Land Court hearing pursuant to Section 22 Native Purposes Act 1935. Maori Affairs Head Office Special File 62. Supporting Papers #C12.1–25.

127 Hauraki Minute Book 14 pages 230–335.

128 Hauraki Minute Book 14 page 291. Supporting Papers #J20.44.

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Ohinemuri District: Ohinemuri

answered. I replied that this Court had been specially arranged for at the request of the owners of the land, and that I should protest against any further delay, that I was then ready to listen to any complaints that might be urged by individual grantees on the many letters they had written the Native Minister at Wellington. Several Natives then stated that they had not received the whole of the money due to them on the sale of their share of the land to Government.

On the 24th the Natives held a meeting relative to a Committee proceeding to Auckland to watch the case of Epiha and Pakara charged with shooting McWilliams at Pukehange in 1879. This matter and the crying over the death of Wiremu Paaka allowed very little to be done. During the day I made enquiries into several claims in which only a portion of the money on the sale of the Natives' interest was said to have been paid at the time the Deed was signed. I stated that it would be well if every such case could be enquired into before the Court opened on the 1st June.

May 25th. Engaged all day on claims of underpaid grantees. Pressure was used during the day that I should at once pay over the balances claimed. It was stated that money was wanted for the entertaining of visitors. I declined to pay any money till the Court was fairly at work, and that then I would state what money was due to each grantee.

May 26th. The old chief, Tukukino, again came to me. He urged that the Court should not sit, or that his land, 20,000 acres, might not be adjudicated on, as he wanted to go to Auckland to see his children Epiha and Pakara, and was afraid that if he went the Court might take advantage of his absence and deal with his land. I promised to ask the Court not to deal with his claim to the 20,000 acre block for at least fourteen days.

I endeavoured to get the Natives to meet and talk over the question of reserves. They appeared to think that matter settled as, in some cases, they held written promises from Mr Mackay, and believed that each hapu would be allowed moo acres. Claims continued to come in fast from underpaid owners, the investigation of some taking up considerable time, payments being frequently denied, and owing to the manner in which receipts were taken difficult to prove.

In the evening I met a deputation of the Ngatikoi tribe. Their principal wants were that the promises made by Mr Mackay and Mr Puckey respecting reserves should be faithfully carried out, and that as they had not participated in the large money payments made by Mr Mackay, the revenue received from the Waihi block should be paid to them at once. I explained that I could not go outside the time when the deed of lease was signed, all payments made previously having been disposed of by the lease, that the revenue was received under that lease until the sum of £15,000 was collected, that from the date of the opening of the Gold Fields to the present time not one half of the £15,000 had been received, and that it was folly to assert now that they had any claim to the revenue till the whole of that amount had been collected, and further that, since the lease was agreed to, nearly the whole of their people had sold to the Government all the right they had to the land, and that their claims therefore to any Gold Fields revenue could not be entertained. As to the reserves, that the deed of sale of the land to the Crown made it clear that all those who signed the conveyance of their interest in the land to the Crown should participate in certain reserves to be hereafter made; that before the present Court closed, these reserves would be fixed, and every Native who had so signed the Deed would have his share.

May 27th. Among other Natives who came to have their position and rights explained to them was the old chief Tupeka to Whakamau, who stated that his case was different from that of any of the others, as he was not only the largest owner of the land but that it was through his assistance that the land was opened for goldmining purposes; that although he had signed the deed of sale, the money promised him had not been paid. On reference to the Orders of the Court he was found to be a grantee in six of the Gold Field blocks [Ohinemuri 2, 5, 7, 8 and 17, and Owharoa 2]. The acreage of his interest in these blocks, assuming that each grantee shared equally, would be 370½ acres and the value at 5/- an acre £92–12–6d. I explained to him that the money he had received was m times the value of his share, and showed him receipts for the sums he had received from Mr Mackay. He admitted the vouchers, but disputed having the money,

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Ohinemuri District: Ohinemuri

On reading his letter to them and asking for an explanation, they said that their names had been signed without their knowledge.

I tried many times to get Hirawa Te Moananui and his people together that I might hear from themselves the grievances alleged in their petition to Parliament dated July 1881, referred to Government by the Native Affairs Committee, but they would not attend, and altogether very little interest was shown by the Natives in this matter.

June and. Up to today 56 of the grantees had come to me with complaints that they had received only a portion of the money due to them on the sale of their interest in the land. Each account had been explained and in general they were satisfied, as in most cases they were found entitled to a further payment of money.

At this stage of the proceedings I learnt that several of the grantees did not intend to come to the Court, having been informed by their friends that the Court would not sit. Those who were in Paeroa were informed that on Monday the Court would commence its work, and that such grantees as had not sold their interest in the land would have their acreage cut out from each of the blocks in which they were interested. Notice was also given that on Saturday 3rd June I would commence to pay the balances of money due to the several grantees who had proved their claims.

June 3rd. The intimation made yesterday, that I would today settle the claims of those who had not received full payment for their land at the rate of 5/- per acre, caused my office to be filled with grantees who had hitherto kept back, and were now anxious that their cases should be looked into. After settling by money payment with Pineaha Te Wharekowhai and Timotiu Te Hata, whose claims had been previously enquired into, I devoted the remainder of the day to the hearing of fresh cases. Up to the present my enquiries had been mainly in the direction of ascertaining what objections would be brought before the Native Land Court to prevent the completion of the sale of the land to Government by an Order of the Court. One difficulty had in great measure been removed by my promising those grantees who had not received their full payment at the rate of 5/- per acre, that any balance due to them would be paid during the sitting of the court. That such balances were due to them arose from the fact that the deed of conveyance of the land to the Crown was signed before the title to the land had been investigated by the Native Land Court, by any and every resident Native in the Ohinemuri District who claimed to have an interest in the block, rightly or wrongly; and who on signing the deed received a payment, in some cases £2, in others £6, and that many others were found to have large interests.

Another difficulty to be met arose in the case of such grantees as had not sold, and would not sell, their share in the land. These people claimed as tenants in common to have as much right to the ground as those who had sold to Government, and also to a share in the Gold Fields revenue that had been received up to date. They also complained that the best of the agricultural land had been leased, that it was not fair now to compel them to take their share in the land that remained. They said that they did not wish to disturb the lease until Government had received the sum of £15,000 as agreed upon by the terms of the said lease, but that after the payment in full of this sum they should claim their right to the land and to a share in the Gold Field revenue "equal in proportion to that of Government".

Other objectors were men who denied their signatures or ever receiving moneys other than as a gift. I am sorry to say that in many cases such denial was obviously untrue.

Having so far completed what work was possible in settlement of disputes outside the Court, it now became necessary to fix upon some line of action whereby best to prove, to the satisfaction of the Court, the purchase of each of the grantees' interests in the several blocks of land (twenty one) known collectively as the Ohinemuri Gold Fields block. In similar cases, the evidence that has been hitherto adduced has been the deed of conveyance, but in this case the Deed is a very imperfect document, signed by many of the grantees before they had any legal title to the land, and without any consideration money being stated in the Deed. These and other defects in the

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Ohinemuri District: Ohinemuri

the Court what reserves the Government intended to make for the Ngatitaharua out of the block. The Court replied that by the Deed it was clear that the grantees were entitled to certain reserves, and that when it was known what area of land had been sold out of each of the blocks, the reserves would be fixed. Knowing that many of the grantees had kept away until the first case was settled, I asked the Court to adjourn till Thursday the 8th June.

Several Natives owning shares in the land reside near Coromandel, others on the Piako. These people had sent word that they did not intend to come to the Court. As their absence might hereafter be the cause of trouble, I requested Mr Wilkinson to charter one of the river steamers and visit Cabbage Bay and, if possible, bring to Paeroa all Natives claiming an interest in the Gold Fields block. A Native was also sent to the settlement on the Piako river with letters requesting those who had claims in the land unsatisfied to attend the Court, that otherwise a portion of their interest in the land would be cut out for them, and any claim they might have in the reserves from the sale of their land would be disallowed. Both of these missions were successful, the Natives attended the Court and left satisfied.

June 7th. Several Natives, who up to this had kept away, now came to have their claims looked into. During the day 17 accounts were examined. Most of the cases were underpaid owners who had received small sums of money on signing the Deed before the land had been through the Court.

June 8th. On the Court reopening, block No 2 was called on. In this block several of the principal natives residing at Paeroa were owners. Karaitiana Kihau, one of the grantees, produced a document in Mr Mackay's handwriting in which his people, Ngatikaraua were promised a reserve of 1,000 acres. Wi Koka Unahi also produced a similar document in Mr Mackay's handwriting promising his people Ngatitangata a reserve of 1,000 acres. The Court made a note of these promises, and stated that the question of reserves would be enquired into after it had been ascertained what land in each block had been sold. On calling the name of the first grantee, the old chief Tupelo. Whakamau ... came forward. I produced a receipt for £511 (Treasury Voucher No 50486, 1875–76) and on behalf of the Crown claimed his interest in the Gold Fields block. This was disputed, Tupeka stating that he had not received any money (meaning, I think, on the sale of his land). He admitted having incurred debts to Mr Mitchell, which he said he supposed had been paid. This case occupied considerable time. In the end the Court was satisfied that Tupeka had sold the whole of his interest in the land, and awarded his acreage to the Crown.

June 9th. The Court continued the hearing of No 2, block, and after tasking evidence on each of the 49 grantees' interests, adjourned the case till a future day. At this stage I requested the Court to grant an adjournment till Monday the 12th June.

June l0th. Those Natives who had been loud in protesting that the Court would not sit, now began to ask that their accounts and share in the land might be made clear to them. This necessitated yesterday's adjournment.

June 12th. The Court today called on the hearing of No 3 block, and after taking evidence on each of the 80 grantees' interests, adjourned the same.

June 13th. The Court called on No 4 block, and after hearing evidence on each of the 90 grantees' interests adjourned the case.

June 14th. The Court proceeded with No 5 block, and took evidence on each of the 39 grantees' interests, and adjourned till Friday the 16th June.

June 15th. A noticeable incident which occurred today indicated the breaking up of the old Maori feeling, which a few years ago caused difficulty to the Government when it was first proposed to open the Ohinemuri Gold Field. The old Native woman Mere Kuru came to me with a boy about ten years of age. She wished to know what lands she owned in the Gold Fields block. On being informed she said "this boy is going to school, and he must have some money to go with, do you pay me money on one of my pieces of land". I asked her to see me later in the day. She then stated that she had given to Te Hiri her land to take care of and that, if he would

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Ohinemuri District: Ohinemuri

Mr Mackay, to one-fifth of the land they had sold. This I pointed out was a demand that could not be entertained, and as there was no room for further argument, I desired them to bring their demand before the Court on the 26th.

June 26th. I stated to the Court this morning that on the 24th the Ngatitamatera Natives had further discussed with me the question of apportioning their reserve, but beyond agreeing to the names of the grantees who were to share in it, nothing was settled; that the acreage of land demanded appeared to me excessive; that I therefore requested them to bring their case into Court today.

After the Natives had made their statement and after much controversy, I agreed on behalf of the Government that they should have two reserves, one of 300 acres in No 5 block, the other of 3,130 acres in No 17 block. The position of the former was determined without difficulty, but no agreement could be come to between the Natives and myself as to the position of the latter. They asked that it might be on a part of the block that I could not agree to, as it would include all or nearly all the best of the land. There appearing no possibility of a settlement, the Court stated that unless some agreement with the Government was come to, it would have to take evidence of surveyors and others regarding the quality of the land. I asked that this question might stand over, and requested the Court now to determine the position of the land in the several blocks to be awarded to Government. This work occupied the rest of the day and part of the next.

I made application that the orders vesting the portions of the land cut out of the blocks for the non-sellers might be made inalienable except by sale to the Crown. The Court would not agree to this, stating that the only question before it was the ascertaining what interest had been acquired by Her Majesty the Queen, that the legal position of the balance of the land would be the same as before this enquiry, that the Court could not say how the land stood effected by the Gold Fields Regulation, or by the Deed of Lease that had been exhibited, and that the present enquiry would in no way remove any restriction imposed on the land by the lease or the Gold Fields Regulations.

The following schedule shows the area of the land awarded by the Court in each of the blocks:

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Ohinemuri District: Ohinemuri

said that their request was unreasonable. Ultimately the reserve was fixed, 293 acres and 500 acres to be taken out of No 4 block. ...

Reserves were also fixed and ordered by the Court for the Ngatirahiri, 147 acres out of No 18 block, and Ngatitaharua, 434 acres out of No 1 block.

This closed the question of tribal reserves except as to promises relating to small reserves for old burial places etc, to satisfy which I agreed to the following:

1. Rauwharangi, 10 acres, at the extreme west angle of block No 17. Grant to issue to Hoera Te Mimiha, Mihereana Te Mimiha and Ngahuka Te Mimiha.

2. Te Pahi, 10 acres in No 18 block, to include the pah. Grant to issue to Haora Tareranui and Hoera Tupaea.

3. Kotangitangi, 1 acre at Waitawheta in No 17 block. Grant to issue to Te Keepa Raharuhi and Peti Harakai.

4. Rau-o-te-Wheu Tapu, 2 acres near Owharoa on the east bank of the river. Grant to issue to Maraea Whiria, Makareta Tokerau and Tupeka Te Whakamau.

5. Kahotara, 5 acres at the junction of the Waitekauri and Mangakara Creeks. Grant to issue to Karaitiana Kihau.

6. Near Rau-o-te-Wheu, 2 acres. Grant to issue to Tareranui and Tukukino.

These reserves to be at once surveyed, the positions to be pointed out to the surveyor by the grantees, and the whole of them to be absolutely inalienable.

Schedule

Showing the position of the Ohinemuri Gold Fields lands at the present time.

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Ohinemuri District: Ohinemuri

for these portions rather than have them surveyed. The reserves alone will I expect cost £300 to survey.133

Gill replied

Please do not allow the unsold interests to be surveyed off till further communicated with, it is possible they may be purchased shortly, in which case the surveys will not be required.134

Survey proceeded during 1883 and 1884, and a survey plan was produced.135 This surveyed the subdivisions of the Ohinemuri block ordered in 1880, the Crown awards and the non-sellers' blocks defined in 1882, and the reserves to be set apart out of the Crown awards lands. However, not all subdivisions and awards were able to be surveyed (see below).

Before the survey plan was completed, a difference between the records of the Native Land Court in Auckland and the records of the Native Land Purchase Department in Wellington was identified. When the deed for the purchase by the Crown (see below) of one of the non-sellers' blocks, Ohinemuri 5A, was forwarded to the Trust Commissioner for his certificate in July 1883, he checked with the Registrar of the Native Land Court, who advised that the deed seemed to have been incorrectly prepared, in that it referred to Ohinemuri 5A, when the Court's records showed that the Crown had been awarded Ohinemuri 5A and the non-sellers had been awarded Ohinemuri 5B.136 The matter was referred to Gill, who advised that any reference to the block as Ohinemuri 5B would be a clerical error by the Court. But the Registrar insisted that no mistake had been made. Gill then wrote to the Chief Judge.

Is there any objection to the clarification of these 16 blocks by letters A and B being altered.

Cannot the awards to the Government be known as Blocks 1, 2, etc, without a letter, and the

pieces cut out for the natives be blocks 1A, 2A, 3A, etc. Sixteen deeds of purchase have been

prepared and partially signed describing the native [portions by the letter] A, and these clash

with the [numbers in the Native Land Court] office.137

The Chief Judge agreed to this revised arrangement,138 and the Court records were amended to show the non-sellers blocks as 'A' subdivisions.

A series of tracings and descriptions of the Crown awards were sent to Wellington in mid 1884.139 But four Crown awards were unable to be fully defined. These were Ohinemuri 10,11, 16 and 17, where

the Crown awards depend on the awards to the non-sellers, and as these are only sketched on the plans, it would not be safe to use them without survey. Should the Crown purchase the native awards, then the necessity for survey will disappear.140

133 Chief Surveyor Auckland to Under secretary Native Land Purchase Department, 3 August 1882. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.1.

134 Under Secretary Native Land Purchase Department to Chief Surveyor Auckland, 17 August 1882. Maori Affairs Head Office file MLP 2889/268. Supporting Papers #B69.2.

135 Hamilton Maori Land plan 3416/4150. Suppoting Papers #N124.

136 Registrar Native Land Court to Trust Commissioner, 26 July 1883. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.21.

137 Under Secretary Native Land Purchase Department to Chief Judge Native Land Court, date not known (after 7 August 1883). Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.22.

138 Under Secretary Native Land Purchase Department to Registrar Native Land Court Auckland, date not known (after 7 August 1883). Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.22..

139 Assistant Surveyor General to Under Secretary Native Land Purchase Department, 19 March 1884, 19 June 1884, 20 June 1884 and 28 June 1884. Maori Affairs Head Office file MLP 1889/268. Suppoting Papers #B69.27, 29, 30 and 36.

140 Assistant Surveyor General to Under Secretary Native Land Purchase Department, 28 June 1884. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.36.

5'

Ohinemuri District: Ohinemuri

The orders are for Certificates under the Act of 1880, and were made on 27 June 1882.

I presume these orders are therefore bad. What is to be done about preparing Certificates?

Query - Can orders for Certificate be made under Section 43, Act of 1880, in respect of land held under Memorials of Ownership, as the Ohinemuri Blocks were? Section 43 appears to apply only to land title to which has been originally determined under the Act of 1880.144

The Chief Judge responded that Section 43 could not be used, and that "you cannot decide a point of law by the results". The Registrar of the Court then asked him

According to your ruling all these orders are bad. It will be a serious thing if it is so, as there are about twenty of them, and plans are put on forms for Certificates of title for the whole of them.

With Mr Edger I do not understand how Orders in division can issue under the Act of 1880 for lands held under Memorials of Ownership.145

The Chief Judge instructed that the matter stand over, and it was not resurrected until April 1885, when it was stated that

C.J. has now, I believe, decided that Certificates can be ordered for portions not sold, on the application of the Crown, i.e. when no application from the natives appears on the Gazette notice of Court.

Please note that the original titles were Memorials, while the division orders are for Certificates under Act of 1880. I believe in similar cases proceedings are considered to have begun under '73 Act and completed under '80 Act.146

The Chief Judge was asked if this was so.

I understood your ruling to be that Orders in favour of the Crown were not to be looked upon as Division Orders, but as a transfer of the portion to the Crown, which could be registered against the original title without upsetting it.147

He replied that

As so many orders in this class have been made, I withdraw my objection so the Certificate can issue, in the hope that so far as needed they may be hereafter validated.148

Survey of the Reserves

The reserves to be granted back by the Crown were surveyed in 1883–1884, at the same time as the Crown and non-sellers awards were surveyed.

In February 1885 the new Native Minister, Ballance, toured the country and held a series of meetings. One was at Thames, where Haora Tareranui told him that

Another application of ours is concerning the Native reserves in the Ohinemuri block. When the reserves were marked off by the Native Land Court, it was done on the map. We considered

144 Chief Clerk Native Land Court Auckland to Registrar Native Land Court Auckland, 20 September 1884. Maori Land Court Hamilton Correspondence file H883. Supporting Papers #L5.18.

145 Registrar Native Land Court Auckland to Chief Judge Native Land Court, 22 September 1884, on Chief Clerk Native Land Court Auckland to Registrar Native Land Court Auckland, 20 September 1884. Maori Land Court Hamilton Correspondence file H883. Supporting Papers #L5.18.

146 Chief Clerk Native Land Court Auckland to Registrar Native Land Court Auckland, 7 April 1885. Maori Land Court Hamilton Correspondence file H883. Supporting Papers #L5.19.

147 Registrar Native Land Court Auckland to Chief Judge Native Land Court, 11 April 1885, on Chief Clerk Native Land Court Auckland to Registrar Native Land Court Auckland, 7 April 1885. Maori Land Court Hamilton Correspondence file H883. Supporting Papers #L5.19.

148 Chief Judge Native Land Court to Registrar Native Land Court Auckland, 22 April 1885, on Chief Clerk Native Land Court Auckland to Registrar Native Land Court Auckland, 7 April 1885. Maori Land Court Hamilton Correspondence file H883. Supporting Papers #L5.19.

53

Ohinemuri District: Ohinemuri

When the Court was adjudicating on the Ohinemuri block, the Natives (especially Hapi Rewi) asked for an unlimited number of tapu reserves, but it was only cases of genuine and well known tapus that were allowed by the Court. In all probability the reserve referred to by Hapi Rewi was not recognised by the Court, and no provision made for it.153

Hapi Rewi was told there were no reserves in Ohinemuri 7.154

Issue of Crown Grants for Reserves

In 1885 a series of Crown Grants were issued for the reserves in the blocks awarded to the Crown.

Purchase of Interests of Non-Sellers

The Crown continued to seek to purchase interests in those 'A' subdivisions of the Ohinemuri blocks which had not been awarded to the Crown by the June and July 1882 Court. In August 1882 Wilkinson telegraphed to Wellington that

The question is being asked whether reserves will be given to those who now sell their shares of the unsold working of the Ohinemuri Goldfields Blocks. Please reply, and if reserves are to be allowed, say what proportion.155

The Native Minister was asked to approve the purchase of further interests.

In a Memorandum ... dated 24 the April 1882, I noted that the sum of £10,471–6–0d would probably be required to complete the purchase of the Ohinemuri Goldfield land, 73,431 acres. Since then the Native Land Court has given to Government a title to 66,017 acres, the payments to complete which have been £6,004–6–6d.

The balance of the land 7,414 acres marked on plan in 19 separate pieces should I submit be purchased as occasion offers. The price per acre to be paid being six shillings (6/-). This would require £2,224-–4–0d.156

The Minister approved the purchase, adding that

In purchasing these remaining pieces at the advanced price, it will be understood that the sellers have no claim on any Reserves in consequence of such sale.157

Wilkinson was then told that

In purchasing the interests of unsold grantees cut out from the Ohinemuri Blocks by the Native Land Court last month, you will please explain that no further reserves will be made. The price per acre you are authorised to pay for the land is six shillings, the extra shilling is an equivalent to the reserves set apart for those who sold prior to Court making the orders.158

The first purchase that Wilkinson concluded was of Ohinemuri 9A in February 1883.

153 Native Agent Alexandra to Under Secretary Native Department, 10 October 1885. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.55.

154 Under Secretary Native Department to Hapi Rewi, 26 January 1886, referred to on cover sheet to file NLP

1885/307. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.56.

155 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 2 August 1882. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.4.

156 Under Secretary Native Land Purchase Department to Native Minister, 4 August 1882. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.5.

157 File note by Native Minister, 5 August 1882, on Under Secretary Native Land Purchase Department to Native Minister, 4 August 1882. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.5.

158 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 7 August 1882. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.6.

55

MATAORA

When the Court opened the hearing into the investigation of the title to the Ohinemuri Block, Hakopa Te Ngaro explained that

I belong to Ngatiporou and reside at Mataora. I have a claim on a portion of this land, it is marked on the map. This land was given to us by Paora Te Putu of Ngatitamatera. We have occupied it ever since. No boundaries were named by Paora Te Putu. The boundaries were named afterwards by Karaitiana Kihau, Tupeka and others, the boundaries are shown on the tracing before the Court.1

Karaitiana Kihau of Ngati Tamatera confirmed the gift.2

1 Hauraki Minute Book 12 page 347. Supporting Papers M18.57.

2 Hauraki Minute Book 12 page 347. Supporting Papers #J18.57.

57

Maori Land Blocks of the Ohinemuri District: Ohinemuri

In October 1894 WG Nicholls of Paeroa, husband of Rihitoto Mataia, offered the Ngatitaharua Reserve to the Crown for 7/- an acre.6 The Minister of Lands approved purchase at this price, which was the same as was being paid for other portions of the Ohinemuri Block.7

At this time two of the five Grantees had died, and succession in both cases had been awarded to Rihitoto Mataia. She was herself one of the Grantees in her own right.

One week after receiving approval to purchase Mair concluded the transfer.8 He forwarded the completed deed, commenting that

I was in some doubt as to the value of each interest, but eventually found that they had been fixed at a former Court. However, to make the matter perfectly sure, I got the grantees to sign a memo agreeing to the definition of interests as decided by the Court.9

The division of shares Mair was referring to was Rihitoto Mataia 334 shares, and Mere Perenihi and Pani Paura 100 shares together. This meant that Rihitoto received £116–18–0d, and Mere and Pani shared £35, a total of £151–18–0d.

Mair was told that his action was unorthodox.

Pray avoid making any arrangements of this kind without authority. No other officer attempts it, and your former efforts in the same direction are still a source of trouble to us. If the Court has defined the shares on those lines, the document is superfluous.10

He responded that

If the memo attached is of no use, it can be disregarded. I only had it signed to make matters perfectly clear, for the division of interests in some of these Ohinemuri lands is not always plain. It appears from the records that in some cases the grantees share in a block depends upon the area which that person has formerly sold to the Crown. There was no dispute between the sellers in this particular case, but the interests seemed so out of proportion that I merely had the agreement signed as a precautionary measure, and to prevent any of the sellers saying hereafter that they had not been paid in proportion. The Court files were not particularly clear.11

Before the purchase could be registered, the Governor had to agree to remove the restrictions on alienation which had been placed on the title by the Court. The Governor consented to this in December 1894.12

Ngatitaharua Reserve was declared Crown Land in July 1895.13

6 WG Nicholls, Paeroa, to Chief Land Purchase Officer, 13 October 1894, referred to on cover sheet to file NLP 1894/268. Maori Affairs Head Office file MLP 1895/23. Supporting Papers #892.1.

7 Chief Land Purchase Officer to Minister of Lands, 31 October 1894, approved by Minister of Lands, 31 October 1894, on cover sheet to file NLP 1894/268. Maori Affairs Head Office file MLP 1895/23. Supporting Papers #B92.1.

8 Auckland Deed 1877. Supporting Papers #A236.

9 Land Purchase Officer Thames to Chief Land Purchase Officer, 7 November 1894. Maori Affairs Head Office file MLP 1895/23. Supporting Papers #B92.2–4.

10 Chief Land Purchase Officer to Land Purchase Officer Thames, 13 November 1894. Maori Affairs Head Office file MLP 1895/23. Supporting Papers #B92.5.

11 Land Purchase Officer Thames to Chief Land Purchase Officer, 22 November 1894, on Land Purchase Officer Thames to Chief Land Purchase Officer, 7 November 1894. Maori Affairs Head Office file MLP 1895/23. Supporting Papers #B92.2–4.

12 Governor's Consent, 8 December 1894. Maori Affairs Head Office file MLP 1895/23. Supporting Papers #B92.6.

13 New Zealand Gazette 1895 page 1122. Supporting Papers #W28.2.

59

OHINEMURI 2

CREATED 28 July 1880

AREA   3,705 acres

On survey became 3,867 acres PLAN   Hamilton Maori Land plan 3416

Ohinemuri 2 was awarded to 49 grantees of Ngati Koroke.1

Definition of Interests of the Crown

In June 1882 the Court considered an application made by the Crown to have its interests in Ohinemuri 2 separately defined.2

It determined that the Crown had purchased interests in the block amounting to 3,479 acres, under an agreement which included the provision of a reserve to be granted to the sellers. It therefore awarded 3,479 acres to the Crown,3 leaving the three non-sellers with 226 acres.4 The Crown portion was to be known as Ohinemuri 2 and the non-sellers' portion as Ohinemuri 2A.

On survey Ohinemuri 2 had its area increased to 3,641 acres, while Ohinemuri 2A retained its intended area of 226 acres.5

Ohinemuri 2 was declared Crown Land in August 1884.6

Crown Purchase of Interests in Ohinemuri 2A

The three non-sellers awarded this block were Te Keepa Raharuhi, Ngarewa and Tuipirihi Taha.7

Te Keepa Raharuhi's interest in the block was purchased by the Crown.8

1 Order of the Court for Ohinemuri 2, 28 July 1880. Maori Land Court Hamilton Block Orders file H8n. Supporting Papers #K57.2.

2 Native Minister to Chief Judge Native Land Court, 16 April 1881. Maori Land Court Hamilton Miscellaneous Papers file H8n. Supporting Papers #14.5-6.

3 Order of the Court, 27 June 188z. Maori Land Court Hamilton Block Orders file H8u. Supporting Papers #K57.30-31. Auckland Deed 1446. Supporting Papers #A149.

4 Hauraki Minute Book 14 pages 31z-313. Supporting Papers #J20.45-46.

5 Hamilton Maori Land plan 3416. Supporting Papers #N124.

6 New Zealand Gazette 1884 pages 1212-1214. Supporting Papers #W17.4-6.

7 Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H811. Supporting Papers 457.32.

8 Auckland Deed 166o. Supporting Papers #A190.

61

OHINEMURI 3

CREATED 28 July 188o

AREA   3,705 acres

On survey became 4,190 acres

PLAN   Hamilton Maori Land plan 3416

Ohinemuri 3 was awarded to 80 Grantees of Ngati Pinenga.1

Definition of Interests of the Crown

In June 1882 the Court considered an application made by the Crown to have its interests in Ohinemuri 3 separately defined.2

It determined that the Crown had purchased interests in the block amounting to 3,427 acres, under an agreement which included the provision of a reserve to be granted to the sellers. It therefore awarded 3,427 acres to the Crown,3 leaving the six non-sellers with 278 acres.4 The Crown portion was to be known as Ohinemuri 3 and the non-sellers' portion as Ohinemuri 3A.

On survey Ohinemuri 3 had its area increased to 3,912 acres, while Ohinemuri 3A retained its intended area of 278 acres.5

Ohinemuri 3 was declared Crown Land in August 1884.6

Crown Purchase of Ohinemuri 3A

The six non-sellers awarded this block were Tareranui, Ngatina Maka, Hirawa Te Moananui, Takerei Te Putu, Te Hira Te Tuiri and Hori Ngatete.7 In a deed dated March 1886 they sold the block to the Crown for £83-8-od (i.e. 6/- an acre).8 The Trust Commissioner certified the deed the following month.

Ohinemuri 3A was declared Crown Land in June 1886.9

1 Order of the Court for Ohinemuri 3,28 July 1880. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.3-4.

2 Native Minister to Chief Judge Native Land Court, 16 April 1881. Maori Land Court Hamilton Miscellaneous Papers file H811. Supporting Papers #L4.7-8.

3 Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.33-34.

Auckland Deed 1447. Supporting Papers #A150.

4 Hauraki Minute Book 14 page 313. Suppoting Papers #J20.46.

5 Hamilton Maori Land plan 3416. Supporting Papers #N124.

6 New Zealand Gazette 1884 pages 1212-124. Supporting Papers w17.4-6.

7 Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H811.

Supporting Papers #K57.35.

8 Auckland Deed 1540. Supporting Papers #A178.

9 New Zealand Gazette 1886 pages 778-781. Supporting Papers #w19.3-6.

63

Ohinemuri District: Ohinemuri 4

Crown Purchase of Interests in Ohinemuri 4A

The 12 non-sellers awarded this block were Te Hira Te Tuiri, Hori Te Ngatete, Wano Te Paura, Te Wharehumu, Te Pirihi Taha, Wiremu Ngarewa, Hamiora Pakeke, Riki Waitupua, Huria Ani, Paora Tiunga, Te Wi Te Raro and Wiremu Wepiha.7

The interests of 9 of the owners in the block were purchased by the Crown.8

On the application of the Crown,9 the Court in October 1887 separately defined the interests the Crown had purchased in Ohinemuri 4A, awarding the Crown Ohinemuri 4A1 of 756 acres, and leaving the three non-sellers10 with Ohinemuri 4A2 of 189 acres.11

The Court's awards were shown on a survey plan computed in the Survey Office.12

Ohinemuri 4A1 was declared Crown Land in August 1888.13

Crown Purchase of Ohinemuri 4A2

The interest of Tuipirihi Taha was purchased by the Crown in April 1895.14

In December 1897 the Crown applied to have its interests in Ohinemuri 4A2 defined.15 On the day the application was to be heard, in November 1898, Ngarewa and Wiremu Wepiha sold their interests to the Crown.16 This meant the Crown owned all the shares, so the Court awarded the whole block to the Crown.17

Ohinemuri 4A2 was declared Crown Land in July 1899.18

500 Acre and 293 Acre Reserves

When these two reserves were surveyed they were given fresh appellations:

500 acres Section 1 Block xII Ohinemuri Survey District19

293 acres Section 2 Block xIII Ohinemuri Survey District20

A single Crown Grant for these two reserves was issued.21

7 Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H811. Suppporting Papers #K57.41.

8 Auckland Deed 1661. Supporting Papers #A191.

9 Native Minister to Chief Judge Native Land Court, 27 January 1886. Maori Land Court Hamilton Miscellaneous Papers file H811. Supporting Papers #L4.41.

10 Two of the non-sellers held one full share each, while the third held a 1/4 share.

11 Hauraki Minute Book 19 pages 208–209. Supporting Papers #J25.8–9.

Order of the Court (Ohinemuri 4A1), 1 October 1887. Maori Land Court Hamilton Block Order file H811. Supporting Papers #K57.96–97.

Order of the Court (Ohinemuri 4A2), 1 October 1887. Maori Land Court Hamilton Block Orders file H1349. Supporting Papers #K89.1–2.

12 Hamilton Maori Land plan 3416(2). Supporting Papers #N127.

13 New Zealand Gazette 1888 pages 899–900. Supporting Papers #W21.2–3.

14 Auckland Deed 3172. Supporting Papers #A294.

15 Minister of Lands to Chief Judge Native Land Court, 29 December 1897. Maori Land Court Hamilton Block Orders file H1349. Supporting Papers #K89.3.

16 Auckland Deed 3172. Supporting Papers #A294.

17 Hauraki Minute Book 49 page 355. Supporting Papers #J56.4.

Order of the Court, 19 November 1898. Maori Land Court Hamilton Block Orders file H1349. Supporting Papers #K89.4–5.

18 New Zealand Gazette 1899 pages 1359–1361. Suppoting Papers #W32.1–3.

19 Hamilton Maori Land plan 9555. Supporting Papers #N249.

20 Hamilton Maori Land plan 9858. Supporting Papers #N253.

21 Hamilton Land Registry Certificate of Title 42/71. Supporting Papers #P10.

65

Ohinemuri District: Ohinemuri 4

When asked, the Chief Surveyor reported that

The Reserve is laid off as settled in Court. Doubtless the natives were mistaken as to the locality, not being accustomed to maps.29

There is no further record of this grievance until February 1885, when the new Native Minister, Ballance, held a meeting at Thames. At this meeting, Hapi Rewi told him that

There was fifty acres put on one side for us, but there is no timber on it at all. We want that substituted for a piece within the Ohinemuri No 7 block, on which there is some firewood and some timber. If it is given to us within Ohinemuri No 7, we can then get a supply of fencing and other timber. There is a road over the portion that we want, but the bridge is broken at present, but the Europeans are going to repair it.30

Wilkinson reported on this matter in October 1885.

This refers to a timber reserve for the Ngatikoi tribe. It consisted of 50 acres and was surveyed within the Ohinemuri No 4 block, adjoining an agricultural section owned by a European named Savage. When the survey was completed, it was found that either there was no access to the land, or that there was no suitable timber on it. I spoke to the Under Secretary Native Land Purchase Department about it, and so did the natives, with a view of getting the position altered, but it does not seem that anything was done in the matter. Supposing that Hapi Rewi's statement about there not being any timber on the land surveyed is correct, it seems a mockery to give natives land for a timber reserve without any timber on it, or at a place where they have not free access to it.31

But the reaction in Wellington was that "this reserve is laid off as settled in Court",32 and no further action was taken.

The Ngati Koi reserve, when surveyed, was given the appellation Section 1 Block XV Ohinemuri Survey District. It was included in a single Crown Grant with a further 1120 acre

reserve to Ngati Koi which was awarded in Ohinemuri 8 and 17.33

The sale of this reserve, including the 50 acre portion, is covered in the section on Ohinemuri 17.

29 Chief Surveyor Auckland to Native Agent Auckland, 8 August 1883, on cover sheet to file NLP 1883/133. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.23.

30 AJHR, 1885, G–1, page 32. Supporting Papers #U18.3. Copy on Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.57.

31 Native Agent Alexandra to Under Secretary Native Department, 10 October 1885. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.58.

32 File note by Accountant Native Department, 21 October 1885, on cover sheet to file NLP 1885/300. Maori

Affairs Head Office file MLP 1889/268. Supporting Papers #B69.59.

33 Hamilton Land Registry Certificate of Title 40/70. Supporting Papers #P7.

67

Ohinemuri District: Ohinemuri 5

Ohinemuri 5A was declared Crown Land in August 1884.9 Ngati Tamatera Reserve

The 300 acre reserve became known as the Ngatitamatera Reserve. When surveyed it was given the appellation Section 3 Block xiii and Section 1 Block XIV Ohinemuri Survey District. It was given a slightly reduced area of 299 acres 1 rood 12 perches.

The purchase of this block by the Crown is covered in the evidence on Ohinemuri 17. Kahotara Urupa

A wahi tapu at Kahotara was also surveyed in Ohinemuri 5 in 1893.10 It was given an area of 3 acres 1 rood 36 perches. The reason for this survey is unknown, though may have been related to the issue of agricultural leases on surrounding land.

9 New Zealand Gazette 1884 pages 1212–1214. Supporting Papers #W17.4–6.

10 Hamilton Maori Land plan 6429. Supporting Papers #N213.

69

Ohinemuri District: Ohinemuri 6

Declaring Ohinemuri 6 to be Crown Land

Despite being in Maori ownership, the Crown treated the land as having been acquired by it, and proceeded to subdivide and settle the block.5 The error was not discovered until 1920. In November 1920 the Chief Surveyor in Auckland reported that

[Ohinemuri 6] has been disposed of by the Crown in the manner shown on the tracing enclosed. ... From this you will see that part of the land forms portion of the Karangahake watershed reserve, parts have gone off on Certificate of Title to LM Snelgar, a further portion, Section 4, to R Noble, and the balance forms part of MDOL 297.

The question has now been raised in a letter I have received from Mr FH Mueller, solicitor of Auckland, as to whether this land has already passed from the Natives to the Crown or not. He calls my attention to the fact that according to the Land Transfer Title entered in Vol 32 page 91 of the Provisional Register, it is vested in certain Natives, and asks whether, notwithstanding such title, it has at some time or other been proclaimed Crown Land.

I have had a thorough and exhaustive search made into this question, and find that a Memorial of Ownership was ordered at the Native Land Court sitting at Ohinemuri on the 22nd July 1880 in favour of 8 Natives. In 1882 the Native Land Court sat at Ohinemuri to define the interests purchased by the Crown in the Ohinemuri Nos 2–19 Blocks. The minutes of the Court on this occasion - Hauraki MB 14 page 294 - state that Mr Gill, Land Purchase Officer, claimed no interest on behalf of the Crown in No 6 Block.

In a memorandum dated 19th October 1882 to the Registrar Native Land Court at Auckland, the Native Land Purchase Under Secretary, referring to the alterations in the orders occasioned by the definition of the Crown's interests, says that the original order for No 6 is unaltered. There is no doubt that up to this date Ohinemuri No 6 Block was not purchased on behalf of the Crown, and as there is no record in the office here, or at the Land Transfer Office, of any transaction affecting the Block. I should feel grateful if you would kindly have a search made in your Office giving any record of the purchase, or any Proclamation dealing with the land, to enable me to reply to Mr Mueller's letter.6

No record could be found in Wellington, and the Under Secretary for Lands replied that The case appears to be one for ordinary purchase under the provisions of the Native Land Act 1909 and its Amendments, or for compulsory taking by special legislation, leaving the Native

Land Court to determine compensation as if the land had been taken for a public work under the provisions of the Public Works Act 1908.

I shall be glad if you will consider this suggestion and let me have your views hereon.7

The Chief Surveyor responded that if further searches drew a blank,

then I would suggest that it would be preferable to obtain land by special legislation, leaving it to the Native Land Court to determine the compensation payable to the Native owners in the same manner as if the land had been acquired under the Public Works Act. This I consider would be better than attempting to purchase the land in the ordinary way under the Native Land Act 1909, as many of the original grantees are dead, and there would be considerable complications with successors who might not be agreeable to signing the transfer to the Crown.8

5 Plan of sections overlying Ohinemuri 6, attached to Chief Surveyor Auckland to Under Secretary for Lands, 30 November 1920. Lands and Survey Head Office file 22/2861. Supporting Papers #D22.1–3.

6 Chief Surveyor Auckland to Under Secretary for Lands, 30 November 1920. Lands and Survey Head Office file 22/2861. Supporting Papers #D22.1–3.

7 Under Secretary for Lands to Chief Surveyor Auckland, 12 January 1921. Lands and Survey Head Office file 22/2861. Supporting Papers #D22.4.

8 Chief Surveyor Auckland to Under Secretary for Lands, 4 March 1921. Lands and Survey Head Office file 22/2861. Supporting Papers #D22.5.

71

OHINEMURI 7

CREATED 2 July 1880 AREA   1,123 acres

On survey became 1109 acres PLAN   Hamilton Maori Land plan 3416

Ohinemuri 7 was awarded to 88 Grantees of Ngati Mataku.1

Definition of Interests of the Crown

In June 1882 the Court considered an application made by the Crown to have its interests in Ohinemuri 7 separately defined.2

It determined that the Crown had purchased interests in the block amounting to 966 acres, under an agreement which included the provision of a reserve to be granted to the sellers. It therefore awarded 966 acres to the Crown.' The 13 non-sellers were left with 157 acres.4 The Crown portion was to be known as Ohinemuri 5 and the non-sellers' portion as Ohinemuri 5A.

On survey the area of Ohinemuri 7 was reduced slightly to 952 acres, while Ohinemuri 7A retained its intended area.'

Ohinemuri 7 was declared Crown Land in August 1884.6 Ohinemuri 7A

The 13 non-sellers awarded this block were Maraea Raharuhi (or Whiria), Henare Pakara, Rato Kuao, Paora Tiunga, Kingi Haira, Hiria Ani, Titoko Te Rehu, Hanata Te Aku, Waitauwhi Ihaiaroto, Marea Rangihikihiki, Tuipirihi Taha, Tukukino and Wiremu Wepiha.7

The interests of 8 of the owners in the block were purchased by the Crown.'

1 Order of the Court for Ohinemuri 7, 2 July 1880. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.9-10.

2 Native Minister to Chief Judge Native Land Court, 16 April 1881. Maori Land Court Hamilton Miscellaneous Papers file H811. Supporting Papers #L4.15-16.

3 Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.47-48.

Auckland Deed 1450. Supporting Papers #A153.

4 Hauraki Minute Book 14 page 320. Supporting Papers #120.53.

Hamilton Maori Land plan 3416. Supporting Papers #N124.

New Zealand Gazette 1884 pages 1212-1214. Supporting Papers #w17.4-6.

Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.49.

Auckland Deed 1662. Supporting Papers #A192.

73

Ohinemuri District: Ohinemuri 7

subsequent dealings, and providing for the payment of compensation to the persons entitled thereto."

However contacting the owners would be difficult.

In Ohinemuri 7A2 there were five original owners. The prospective successors for two of these original owners number 93, of whom six are probably deceased with no known successors. Nothing is known in the Native Land Court regarding the successors of the other three original owners.

In Ohinemuri 16A2 there were nine original owners, and 12 successors have been appointed to four deceased owners, nothing being known of successors to the other five original owners.

It will therefore be noticed that while there are 105 known successors, many of whose addresses are unknown, these successors do not represent the majority of interests in the blocks.18

Even if they could be contacted, any remedy other than compensation was considered to be difficult.

There are no suitable Crown Lands that could be disposed of in exchange to the Maoris for the area in question, and the only means of redress to the Maori owners is by way of compensation. 19

The Under Secretary in the Native Department concluded that

if there can be agreement that the Maori owners of the land should be given the full value of the land as it now stands, that is the unimproved and the improvements, I could properly ask the Minister to seek Cabinet approval to appropriate legislation.20

The valuations were

Unimproved Value   Improvements   Total

Ohinemuri 7A2   £162   £153   £315

Ohinemuri 16A2   £285   L470   £75521

The Minister of Lands then approved the passing of legislation and the payment of the capital value (i.e. unimproved value plus improvements) as compensation.22

Cabinet approved the legislation in April 1946.23 As a result Section 14 Native Purposes Act 1946 was passed, which declared Ohinemuri 7A2 and 16A2 to have been Crown Land since

1 March 1879, and required compensation of £315 for Ohinemuri 7A2 to be paid to the Waikato-Maniapoto District Maori Land Board for distribution to the successors to the owners. The money was received by the Board in February 1947.24

17 Under Secretary for Lands to Commissioner of Crown Lands Auckland, 13 July 1945. Lands and Survey Head Office file 22/832. Supporting Papers #D20.116.

18 Commissioner of Crown Lands Auckland to Under Secretary for Lands, 23 July 1945. Lands and Survey Head Office file 22/832. Supporting Papers #D20.117.

19 Commissioner of Crown Lands Auckland to Under Secretary for Lands, 3 August 1945. Lands and Survey Head Office file 22/832. Supporting Papers #D20.118–120.

20 Under Secretary Native Department to Under Secretary for Lands, 24 September 1945. Lands and Survey Head Office file 22/832. Supporting Papers #D20.121.

21 District Valuer Paeroa to Valuer General, 21 November 1945. Lands and Survey Head Office file 22/832. Supporting Papers #D20.122.

22 Under Secretary for Lands to Minister of Lands, 30 November 1945, approved by Minister of Lands, 3 December 1945. Lands and Survey Head Office file 21/832. Supporting Papers #D20.123–124.

23 Under Secretary Native Department to Under Secretary for Lands, 2 April 1946. Lands and Survey Head Office file 22/832. Suppoting Papers #D20.125–127.

24 Payment Voucher 370037, received 5 February 1947. Maori Land Court Hamilton Block Orders and Correspondence file H1351. Supporting Papers #K91.5.

75

Ohinemuri District: Ohinemuri 8

Ngatitangata Reserve

This block, when surveyed, was given a fresh appellation of Section 1 Block II Waihi North Survey District.

In April 1883 Keti Watene claimed that she and Te Tuhi-o-te-Rangi had been promised by the chiefs of Ngati Tangata in 1878 that they were to receive 200 acres of the 1000 acre reserve for Ngati Tangata. James Mackay had agreed to this arrangement on behalf of the Government. She asked that this promise, which "was not allowed by Mr Gill at the sitting of the Court", be honoured.10 The Native Minister was advised by Gill that

In 1878 Mr James Mackay promised that a reserve of 1000 acres should be made for Ngatitangata out of the Ohinemuri block purchase. These people, with Mr Mackay's concurrence, agreed to give 200 acres to Keti Watene. The giving of this 1000 acres must be looked on as subject to the whole of the Ohinemuri block being acquired by the Government, but as only a portion was purchased, the 1000 acre reserve was not made. The Native Land Court in 1882, on the application of the Government, awarded to Her Majesty 73,431 acres, out of which 12 reserves of 6,636 acres have been set aside by orders of the Court for the grantees who sold their interest to the Government. The applicant Keti Watene has an interest with her people in one of the reserves. I think the reply should be that the question of the Ohinemuri reserves and the promises made by Mr Mackay were fully discussed at the sitting of the Native Land Court at Paeroa last year, and that the arrangement then come to cannot be disturbed.11

The Native Minister agreed.

There is no equity in this claim. The 1,000 acre reserve was to have been made, but it was contingent on the whole of the block passing into the hands of the Government, which it never did. The Maoris who made [Keti Watene] the promise cited certainly did not fulfil their promise as the whole arrangement practically fell through. Other interests in the block have been acquired by [Keti Watene] under decision of the Court, and she seems to have suffered no injustice. But in any case I do not see how the Government should be responsible for the failure of the natives to carry out a promise, even though Mr Mackay did consent to the arrangement.12

Keti Watene was written to with this reply.

In July 1883 the surveyor who was marking out the reserve wrote to Chief Surveyor.

It will be noticed that the southern boundary cuts the Houmanga ridge in two, leaving part of the settlement in the Reserve and part (the most used portion) outside.

I am not aware if this was desired in allocating the Reserve, but from enquiries made of me and remarks that have come to my knowledge, I believe that very probably application may be made to take up as an agricultural lease in the Goldfield that portion of Houmanga ridge immediately to the south of the reserve. If this is done with the intention of making use of the cultivations and whares now belonging to the Maoris settled there, it might cause hardship.

Only the southern side of Houmanga Bay is suited for cultivations, excluding small isolated patches difficult of access, although for ship and building purposes no doubt by and bye the pohutukawa timber all through the Bay will command a ready sale.13

10 Keti Watene to Mr Rolleston MHR, 3 April 2883. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.12–15.

11 Under Secretary Native Land Purchase Department to Native Minister, 27 June 1883, on cover sheet to file Crown Lands 1883/995. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.16–18.

12 File note by Native Minister, 9 July 1883, on cover sheet to file Crown Lands 1883/995. Maori Affairs Head Office file MLP 2889/268. Supporting Papers #B69.16–18.

13 N Kenny, Authorised Surveyor, Thames, to Chief Surveyor Auckland, 14 July 1883. Maori Affairs Head Office file MLP 1889/268. Suppoting Papers #B69.19.

77

OHINEMURI 9

CREATED 28 July 1880

AREA   500 acres

PLAN   Hamilton Maori Land plan 3416

Ohinemuri 9 was awarded to 9 Grantees of Te Uriwha and Ngati Paoa.1 Definition of Interests of the Crown

In June 1882 the Court considered an application made by the Crown to have its interests in Ohinemuri 9 separately defined.2

It determined that the Crown had purchased interests in the block amounting to 4441 acres, under an agreement which included the provision of a reserve to be granted to the sellers. It therefore awarded 4441/2 acres to the Crown.3 The sole non-seller was left with 551h acres.4 The Crown portion was to be known as Ohinemuri 9 and the non-sellers' portion as Ohinemuri 9A.

On survey Ohinemuri 9 and 9A retained their intended areas.5 Ohinemuri 9 was declared Crown Land in August 1884.6 Ohinemuri 9A

The sole non-seller in this block was Te Whareumu.2 She sold her interest to the Crown in February 1883 for Z16-13-od (i.e. approximately 6/- an acre).8 The Trust Commissioner certified the deed the same month.

Ohinemuri 9A was declared Crown Land in August 1884.9

1 Order of the Court for Ohinemuri 9, 28 July 1889. Maori Land Court Hamilton Block Orders file H8n. Supporting Papers #K57.13.

2 Native Minister to Chief Judge Native Land Court, 16 April 1881. Maori Land Court Hamilton Miscellaneous Papers file H811. Supporting Papers #14.19-20.

3 Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H8n. Supporting Papers

#1(57.54-55.

Auckland Deed 1452. Supporting Papers #A.155.

4 Hauraki Minute Book 14 pages 322-323. Supporting Papers #J20.55-56.

5 Hamilton Maori Land plan 3416. Supporting Papers #N124.

6 New Zealand Gazette 1884 pages 1212-124. Supporting Papers #W17.4-6.

7 Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H8n. Supporting Papers #B57.56.

8 Auckland Deed 1466. Supporting Papers #A169.

9 New Zealand Gazette 1884 pages 1212-124. Supporting Papers #W17.4-6.

79

Obinemuri District: Ohinemuri 10

On the application of the Crown,9 the Court in October 1887 separately defined the interests the Crown had purchased in Ohinemuri 10A. It awarded the Crown Ohinemuri 10A1 of 36 acres 2 roods, leaving the 3 non-sellers, Wiremu Ngarewa, Henare Pakara and Te Ukumate Onepoto, with Ohinemuri 10A2 of 13 acres 2 roods.10

The Court's awards were shown on a survey plan computed in the Survey Office.11 Ohinemuri 10A1 was declared Crown Land in August 1888.12

Ohinemuri 10A2

In August 1902 I acre o roods 5 perches of Ohinemuri IoA2 was taken under the Public Works Act for the line of the Paeroa - Waihi railway.13 Compensation of £12 was fixed by the Court

in July 1903.14

Ohinemuri 10A2 was surveyed in 1902. Its area, after deduction for the railway, was 12 acres 2 roods 6 perches.15

Ohinemuri 10A2 remains Maori Land.

9 Native Minister to Chief Judge Native Land Court, 27 January 1886. Maori Land Court Hamilton Miscellaneous Papers file H811. Supporting Papers #14.41.

10 Hauraki Minute Book 19 page 232. Supporting Papers #J25.13.

Orders of the Court, 4 October 1887.

Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.100–101 and 102–103.

11 Hamilton Maori Land plan 3416(3). Supporting Papers #N127.

12 New Zealand Gazette 1888 pages 899–900. Supporting Papers #W21.2–3.

13 New Zealand Gazette 1902 pages 1779–1780. Supporting Papers #W35.3–4.

14 Hauraki Minute Book 53 page 347. Supporting Papers #.160.34.

Order of the Court, 3 July 1903.

Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.113–14.

15 Hamilton Maori Land plan 694. Supporting Papers #N232.

81

OHINEMURI 12

CREATED 28 July 1880

AREA   200 acres

PLAN   Hamilton Maori Land plan 3416

Ohinemuri 12 was awarded to 13 Grantees of Ngati Koi hapu of Ngati Mataku.1

Definition of Interests of the Crown

In June 1882 the Court considered an application made by the Crown to have its interests in Ohinemuri 12 separately defined.2

It determined that the Crown had purchased all interests in the block, and therefore awarded it to the Crown.3

Ohinemuri 12 was declared Crown Land in August 1884.4

I Order of the Court for Ohinemuri 28 July 1880. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.17.

2 Native Minister to Chief Judge Native Land Court, 16 April 1881. Maori Land Court Hamilton Miscellaneous Papers file H811. Supporting Papers #L4.25-26.

3 Hauraki Minute Book 14 page 324. Supporting Papers #J20.57.

Order of the Court, 27 June 1882.

Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.63-64.

Auckland Deed 1455. Supporting Papers #A158.

4 New Zealand Gazette 1884 pages 1212-1214. Supporting Papers #w17.4-6.

83

Maori Land Blocks of the Ohinemuri District: Ohinemuri

On the application of the Crown,9 the Court in October 1887 separately defined the interests the Crown had purchased in Ohinemuri 13A. It awarded the Crown Ohinemuri 13A1 of 12 acres 1 rood, leaving the 3 non-sellers, Wiremu Ngarewa, Tuipirihi Taha and Wiremu Wepiha, with Ohinemuri 13A2 of 27 acres 3 roods.10

The Court's awards were shown on a survey plan computed in the Survey Office.11 Ohinemuri 13A1 was declared Crown Land in August 1888.12

Ohinemuri 13A2

Ohinemuri 13A2 remains Maori Land.

9 Native Minister to Chief Judge Native Land Court, 27 January 1886. Maori Land Court Hamilton Miscellaneous Papers file H8n. Supporting Papers #L4.41.

to Hauraki Minute Book 19 page 233. Supporting Papers #J25.14.

Order of the Court (Ohinemuri 13A1), 4 October 1887. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.104–105.

Order of the Court (Ohinemuri 13A2), 4 October 1887. Maori Land Court Hamilton Block Orders file H2353. Suporting Papers #K92.1.

11 Hamilton Maori Land plan 3416(3). Suppoting Papers #N127.

12 New Zealand Gazette 1888 pages 899–900. Supporting Papers #W21.2–3.

85

OHINEMURI 15

CREATED   28 July 1880

AREA   10 acres

PLAN   Hamilton Maori Land plan 3416

Ohinemuri 15 was awarded to 15 Grantees.1

Definition of Interests of the Crown

In June 1882 the Court considered an application made by the Crown to have its interests in Ohinemuri 15 separately defined.2

It determined that the Crown had purchased interests in the block amounting to 93/5ths acres, under an agreement which included the provision of a reserve to be granted to the sellers. It therefore awarded 9 acres 2 roods 16 perches to the Crown.3 The sole non-seller was left with 1 rood 24 perches.4 The Crown portion was to be known as Ohinemuri 15 and the non-sellers' portion as Ohinemuri 15A.

On survey Ohinemuri 15 and 15A retained their intended areas.5

Ohinemuri 15 was declared Crown Land in August 1884.6

Ohinemuri 15A

The sole non-seller awarded this block was Wano Te Paura.7 He sold the block to the Crown in April 1884 for 10/-.8 The deed was certified by the Trust Commissioner in June 1884.

Ohinemuri 15A was declared Crown Land in August 1884.9

1 Order of the Court for Ohinemuri 15, 28 July 1880. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.20.

2 Native Minister to Chief Judge Native Land Court, 16 April 1881. Maori Land Court Hamilton Miscellaneous Papers file H811. Suppoting Papers #4.31–32.

3 Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.71–72.

Auckland Deed 458. Supporting Papers #A161.

4 Hauraki Minute Book 4 page 326. Supporting Papers #J20.59.

5 Hamilton Maori Land plan 3416. Supporting Papers #N124.

6 New Zealand Gazette 1884 pages 1212–124. Supporting Papers #W17.4–6.

7 Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K457.73.

8 Auckland Deed 468. Supporting Papers #A171.

9 New Zealand Gazette 1884 pages 1212–124. Supporting Papers #W17.4–6.

87

Ohinemuri District: Ohinemuri 16

On the application of the Crown,9 the Court in October 1887 separately defined the interests the Crown had purchased in Ohinemuri 16A. It awarded the Crown Ohinemuri 16A1 of 164 acres 2 roods, leaving the 9 non-sellers with Ohinemuri 16A2 of 452 acres 2 roods.10

The partition was plotted on a survey plan, which showed that Ohinemuri 16A had a true area of 632 acres 2 roods. The Crown's award was increased in area to 180 acres, while Ohinemuri 16A2 retained its ordered area of 452 acres 2 roods.11

Ohinemuri 16A1 was declared Crown Land in August 1888.12

Ohinemuri 16A213

In April 1944 the Lands and Survey Department discovered that Ohinemuri 7A2 and 16A2 Blocks were not Crown Land as had previously been supposed to be the case. While they had been thought to be Crown Land, certain dealings in the land, including freeholding and leasing, had been actioned by the Crown.

Only legislation could rectify the situation. Section 14 Native Purposes Act 1946 declared Ohinemuri 7A2 and 16A2 to have been Crown Land since 1 March 1879, and required compensation of £755 for Ohinemuri 16A2 to be paid to the Waikato-Maniapoto District Maori Land Board for distribution to the successors to the owners. The money was received by the Board in February 1947.14

9 Native Minister to Chief Judge Native Land Court, 27 January 1886. Maori Land Court Hamilton Miscellaneous Papers file Mu. Supporting Papers #L4.41.

10 Hauraki Minute Book 29 pages 233–234. Supporting Papers #J25.14–15.

Order of the Court (Ohinemuri 16A1), 4 October 1887. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.106–107.

Order of the Court (Ohinemuri 16A2), 4 October 1887. Maori Land Court Hamilton Block Orders file H1353. Supporting Papers #K92.2.

Assistant Surveyor General to Under Secretary Native Department, 11 May 1888. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.60. Hamilton Maori Land plan 3416(2). Supporting Papers #N127.

12 New Zealand Gazette 1888 pages 899–900. Supporting Papers W21.2–3.

13 The declaration of this block as Crown Land is covered more fully in the section on Ohinemuri 7A2.

14 Payment Voucher 370037, received 5 February 1947. Maori Land Court Hamilton Block Orders file H1351. Supporting Papers #L91.5.

89

Obinemuri District: Ohinemuri

However Gill advised the Native Minister that

The Native Land Court declared who were the owners in this piece of land. I don't think the Government can go outside the Court's order and allow the writer and his friends to come in as owners now. Neither can a reserve be made for them unless by registration.3

The Minister agreed, and Ngati Tokanui and Ngati Remu were written to .4

Definition of Interests of the Crown

In June 1882 the Court considered an application made by the Crown to have its interests in Ohinemuri 17 separately defined.5

It determined that the Crown had purchased interests in the block amounting to 31,377 acres, under an agreement which included the provision of a reserve to be granted to the sellers. It therefore awarded 31,377 acres to the Crown, subject to four reserves:

•     10 acres at Rauwharangi in the western corner of the block, to be held in trust by Hoera Mimiha, Mihireana Mimiha and Ngahaka Mimiha as a burial place,

•     1 acre at Kotangitangi, to be held in trust by Te Keepa Raharuhi and Peti Marakai as a burial place,

–   3130 acres on the south side of the road to Katikati, at right angles to it and running back to the southern boundary of the block, for those of Ngati Tamatera who had sold their interests,

•     1120 acres at Mangakiri, for those of Ngati Koi who had sold their interests.6

The non-sellers were left with 3,746 acres.7 For some reason the Court did not specify the location of the non-sellers' portion, nor did it order the non-sellers' portion to be separately defined, as was the pattern with the other Ohinemuri subdivisions. Both the Crown and the non-sellers portions were therefore parts of Ohinemuri 17.8 Despite this, a survey was made of the non-sellers' portion in the eastern part of the block, and it was referred to as Ohinemuri

17A.9

On survey Ohinemuri 17 and 17A retained their intended areas.10 Kotangatanga urupa was found to be located on Owharoa 2.

Ohinemuri 17 was declared Crown Land in August 1884.11

3 Under Secretary Native Land Purchase Department to Native Minister, 16 November 1882, on cover sheet to file NLP 1882/415. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.10–11.

4 Under Secretary Native Land Purchase Department to Hirini Te Tumu, Katikati, 10 January 1883, on cover
sheet to file NLP 1882/415. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #B69.10–11.

5 Native Minister to Chief Judge Native Land Court, 16 April 1881. Maori Land Court Hamilton Miscellaneous Papers file H811. Supporting Papers #L4.35–36.

6 Order of the Court, 27 June 1882. Maori Land Court Hamilton Block Orders file H811. Supporting Papers #K57.77–83.

Auckland Deed 1460. Supporting Papers #A163.

7 Hauraki Minute Book 14 pages 327–332. Supporting Papers #J20.60–65.

8 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 2 August 1882. Maori Affairs Head Office file MLP 1889/268. Supporting Papers #869.3.

9 Assistant Surveyor General to Under Secretary Native Land Purchase Department, 20 June 1884. Maori Affairs Head Office file MLP 1889/268. Suppoting Papers #B69.30.

10 Hamilton Maori Land plan 3416(2). Suppoting Papers #N126.

New Zealand Gazette 1884 pages 2222–2224. Supporting Papers #W17.4–6.

9